SB0662 Engrossed LRB095 10645 JAM 30872 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 9-9.5, 16-10, 17-16.1, 18-9.1, 19-8, 19A-35, 20-8,
6 24A-10.1, 24A-15, 24A-16, 24B-6, 24B-10.1, 24B-15, 24B-16,
7 24C-12, 24C-15, 24C-16, and 28-6 as follows:
 
8     (10 ILCS 5/9-9.5)
9     Sec. 9-9.5. Disclosures in political communications.
10     (a) Any political committee, organized under the Election
11 Code, that makes an expenditure for a pamphlet, circular,
12 handbill, Internet or telephone communication, radio,
13 television, or print advertisement, or other communication
14 directed at voters and mentioning the name of a candidate in
15 the next upcoming election shall ensure that the name of the
16 political committee paying for any part of the communication,
17 including, but not limited to, its preparation and
18 distribution, is identified clearly within the communication
19 as the payor. This subsection does not apply to items that are
20 too small to contain the required disclosure. Nothing in this
21 subsection shall require disclosure on any telephone
22 communication using random sampling or other scientific survey
23 methods to gauge public opinion for or against any candidate or

 

 

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1 question of public policy.
2     Whenever any vendor or other person provides any of the
3 services listed in this subsection, other than any telephone
4 communication using random sampling or other scientific survey
5 methods to gauge public opinion for or against any candidate or
6 question of public policy, the vendor or person shall keep and
7 maintain records showing the name and address of the person who
8 purchased or requested the services and the amount paid for the
9 services. The records required by this subsection shall be kept
10 for a period of one year after the date upon which payment was
11 received for the services.
12     (b) Any political committee, organized under this Code,
13 that makes an expenditure for a pamphlet, circular, handbill,
14 Internet or telephone communication, radio, television, or
15 print advertisement, or other communication directed at voters
16 and (i) mentioning the name of a candidate in the next upcoming
17 election, without that candidate's permission, or and (ii)
18 advocating for or against a public policy position shall ensure
19 that the name of the political committee paying for any part of
20 the communication, including, but not limited to, its
21 preparation and distribution, is identified clearly within the
22 communication. Nothing in this subsection shall require
23 disclosure on any telephone communication using random
24 sampling or other scientific survey methods to gauge public
25 opinion for or against any candidate or question of public
26 policy.

 

 

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1     (c) A political committee organized under this Code shall
2 not make an expenditure for any unsolicited telephone call to
3 the line of a residential telephone customer in this State
4 using any method to block or otherwise circumvent that
5 customer's use of a caller identification service.
6 (Source: P.A. 93-615, eff. 11-19-03; 93-847, eff. 7-30-04;
7 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
8     (10 ILCS 5/16-10)  (from Ch. 46, par. 16-10)
9     Sec. 16-10. The judges of election shall cause not less
10 than one of such cards to be posted in each voting booth
11 provided for the preparation of ballots, and not less than four
12 of such cards to be posted in and about the polling places upon
13 the day of election. In every county of not more than 500,000
14 inhabitants, each election authority shall cause to be
15 published, prior to the day of any election, in at least two
16 newspapers, if there be so many published in such county, a
17 list of all the nominations made as in this Act provided and to
18 be voted for at such election, as near as may be, in the form in
19 which they shall appear upon the general ballot; provided that
20 this requirement shall not apply with respect to any
21 consolidated primary for which the local election official is
22 required to make the publication under Section 7-21.
23 (Source: P.A. 80-1469.)
 
24     (10 ILCS 5/17-16.1)  (from Ch. 46, par. 17-16.1)

 

 

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1     Sec. 17-16.1. Write-in votes shall be counted only for
2 persons who have filed notarized declarations of intent to be
3 write-in candidates with the proper election authority or
4 authorities not later than 61 days prior to 5:00 p.m. on the
5 Tuesday immediately preceding the election. However, whenever
6 an objection to a candidate's nominating papers or petitions is
7 sustained under Section 10-10 thereby creating a vacancy in
8 nomination of an established political party for any office
9 after the 61st day before the election, then write-in votes
10 shall be counted for persons who have filed notarized
11 declarations of intent to be write-in candidates for that
12 office with the proper election authority or authorities not
13 later than 31 days prior to the election.
14     Forms for the declaration of intent to be a write-in
15 candidate shall be supplied by the election authorities. Such
16 declaration shall specify the office for which the person seeks
17 election as a write-in candidate.
18     The election authority or authorities shall deliver a list
19 of all persons who have filed such declarations to the election
20 judges in the appropriate precincts prior to the election.
21     A candidate for whom a nomination paper has been filed as a
22 partisan candidate at a primary election, and who is defeated
23 for his or her nomination at the primary election is ineligible
24 to file a declaration of intent to be a write-in candidate for
25 election in that general or consolidated election.
26     A candidate seeking election to an office for which

 

 

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1 candidates of political parties are nominated by caucus who is
2 a participant in the caucus and who is defeated for his or her
3 nomination at such caucus is ineligible to file a declaration
4 of intent to be a write-in candidate for election in that
5 general or consolidated election.
6     A candidate seeking election to an office for which
7 candidates are nominated at a primary election on a nonpartisan
8 basis and who is defeated for his or her nomination at the
9 primary election is ineligible to file a declaration of intent
10 to be a write-in candidate for election in that general or
11 consolidated election.
12     Nothing in this Section shall be construed to apply to
13 votes cast under the provisions of subsection (b) of Section
14 16-5.01.
15 (Source: P.A. 89-653, eff. 8-14-96.)
 
16     (10 ILCS 5/18-9.1)  (from Ch. 46, par. 18-9.1)
17     Sec. 18-9.1. Write-in votes shall be counted only for
18 persons who have filed notarized declarations of intent to be
19 write-in candidates with the proper election authority or
20 authorities not later than 61 days prior to 5:00 p.m. on the
21 Tuesday immediately preceding the election. However, whenever
22 an objection to a candidate's nominating papers or petitions is
23 sustained under Section 10-10 thereby creating a vacancy in
24 nomination of an established political party for any office
25 after the 61st day before the election, then write-in votes

 

 

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1 shall be counted for persons who have filed notarized
2 declarations of intent to be write-in candidates for that
3 office with the proper election authority or authorities not
4 later than 31 days prior to the election.
5     Forms for the declaration of intent to be a write-in
6 candidate shall be supplied by the election authorities. Such
7 declaration shall specify the office for which the person seeks
8 election as a write-in candidate.
9     The election authority or authorities shall deliver a list
10 of all persons who have filed such declarations to the election
11 judges in the appropriate precincts prior to the election.
12     A candidate for whom a nomination paper has been filed as a
13 partisan candidate at a primary election, and who is defeated
14 for his or her nomination at the primary election, is
15 ineligible to file a declaration of intent to be a write-in
16 candidate for election in that general or consolidated
17 election.
18     A candidate seeking election to an office for which
19 candidates of political parties are nominated by caucus who is
20 a participant in the caucus and who is defeated for his or her
21 nomination at such caucus is ineligible to file a declaration
22 of intent to be a write-in candidate for election in that
23 general or consolidated election.
24     A candidate seeking election to an office for which
25 candidates are nominated at a primary election on a nonpartisan
26 basis and who is defeated for his or her nomination at the

 

 

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1 primary election is ineligible to file a declaration of intent
2 to be a write-in candidate for election in that general or
3 consolidated election.
4     Nothing in this Section shall be construed to apply to
5 votes cast under the provisions of subsection (b) of Section
6 16-5.01.
7 (Source: P.A. 89-653, eff. 8-14-96.)
 
8     (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
9     Sec. 19-8. Time and place of counting ballots.
10     (a) (Blank.)
11     (b) Each absent voter's ballot returned to an election
12 authority, by any means authorized by this Article, and
13 received by that election authority before the closing of the
14 polls on election day shall be endorsed by the receiving
15 election authority with the day and hour of receipt and shall
16 be counted in the central ballot counting location of the
17 election authority on the day of the election after 7:00 p.m.,
18 except as provided in subsections (g) and (g-5).
19     (c) Each absent voter's ballot that is mailed to an
20 election authority and postmarked by the midnight preceding the
21 opening of the polls on election day, but that is received by
22 the election authority after the polls close on election day
23 and before the close of the period for counting provisional
24 ballots cast at that election, shall be endorsed by the
25 receiving authority with the day and hour of receipt and shall

 

 

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1 be counted at the central ballot counting location of the
2 election authority during the period for counting provisional
3 ballots.
4     Each absent voter's ballot that is mailed to an election
5 authority absent a postmark, but that is received by the
6 election authority after the polls close on election day and
7 before the close of the period for counting provisional ballots
8 cast at that election, shall be endorsed by the receiving
9 authority with the day and hour of receipt, opened to inspect
10 the date inserted on the certification, and, if the
11 certification date is a date preceding the election day and the
12 ballot is otherwise found to be valid under the requirements of
13 this Section, counted at the central ballot counting location
14 of the election authority during the period for counting
15 provisional ballots. Absent a date on the certification, the
16 ballot shall not be counted.
17     (d) Special write-in absentee voter's blank ballots
18 returned to an election authority, by any means authorized by
19 this Article, and received by the election authority at any
20 time before the closing of the polls on election day shall be
21 endorsed by the receiving election authority with the day and
22 hour of receipt and shall be counted at the central ballot
23 counting location of the election authority during the same
24 period provided for counting absent voters' ballots under
25 subsections (b), (g), and (g-5). Special write-in absentee
26 voter's blank ballots that are mailed to an election authority

 

 

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1 and postmarked by the midnight preceding the opening of the
2 polls on election day, but that are received by the election
3 authority after the polls close on election day and before the
4 closing of the period for counting provisional ballots cast at
5 that election, shall be endorsed by the receiving authority
6 with the day and hour of receipt and shall be counted at the
7 central ballot counting location of the election authority
8 during the same periods provided for counting absent voters'
9 ballots under subsection (c).
10     (e) Except as otherwise provided in this Section, absent
11 voters' ballots and special write-in absentee voter's blank
12 ballots received by the election authority after the closing of
13 the polls on an election day shall be endorsed by the election
14 authority receiving them with the day and hour of receipt and
15 shall be safely kept unopened by the election authority for the
16 period of time required for the preservation of ballots used at
17 the election, and shall then, without being opened, be
18 destroyed in like manner as the used ballots of that election.
19     (f) Counting required under this Section to begin on
20 election day after the closing of the polls shall commence no
21 later than 8:00 p.m. and shall be conducted by a panel or
22 panels of election judges appointed in the manner provided by
23 law. The counting shall continue until all absent voters'
24 ballots and special write-in absentee voter's blank ballots
25 required to be counted on election day have been counted.
26     (g) The procedures set forth in Articles 17 and 18 of this

 

 

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1 Code shall apply to all ballots counted under this Section. In
2 addition, within 2 days after an absentee ballot, other than an
3 in-person absentee ballot, is received, but in all cases before
4 the close of the period for counting provisional ballots, the
5 election judge or official shall compare the voter's signature
6 on the certification envelope of that absentee ballot with the
7 signature of the voter on file in the office of the election
8 authority. If the election judge or official determines that
9 the 2 signatures match, and that the absentee voter is
10 otherwise qualified to cast an absentee ballot, the election
11 authority shall cast and count the ballot on election day or
12 the day the ballot is determined to be valid, whichever is
13 later, adding the results to the precinct in which the voter is
14 registered. If the election judge or official determines that
15 the signatures do not match, or that the absentee voter is not
16 qualified to cast an absentee ballot, then without opening the
17 certification envelope, the judge or official shall mark across
18 the face of the certification envelope the word "Rejected" and
19 shall not cast or count the ballot.
20     In addition to the voter's signatures not matching, an
21 absentee ballot may be rejected by the election judge or
22 official:
23         (1) if the ballot envelope is open or has been opened
24     and resealed;
25         (2) if the voter has already cast an early or grace
26     period ballot;

 

 

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1         (3) if the voter voted in person on election day or the
2     voter is not a duly registered voter in the precinct; or
3         (4) on any other basis set forth in this Code.
4     If the election judge or official determines that any of
5 these reasons apply, the judge or official shall mark across
6 the face of the certification envelope the word "Rejected" and
7 shall not cast or count the ballot.
8     (g-5) If an absentee ballot, other than an in-person
9 absentee ballot, is rejected by the election judge or official
10 for any reason, the election authority shall, within 2 days
11 after the rejection but in all cases before the close of the
12 period for counting provisional ballots, notify the absentee
13 voter that his or her ballot was rejected. The notice shall
14 inform the voter of the reason or reasons the ballot was
15 rejected and shall state that the voter may appear before the
16 election authority, on or before the 14th day after the
17 election, to show cause as to why the ballot should not be
18 rejected. The voter may present evidence to the election
19 authority supporting his or her contention that the ballot
20 should be counted. The election authority shall appoint a panel
21 of 3 election judges to review the contested ballot,
22 application, and certification envelope, as well as any
23 evidence submitted by the absentee voter. No more than 2
24 election judges on the reviewing panel shall be of the same
25 political party. The reviewing panel of election judges shall
26 make a final determination as to the validity of the contested

 

 

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1 absentee ballot. The judges' determination shall not be
2 reviewable either administratively or judicially.
3     An absentee ballot subject to this subsection that is
4 determined to be valid shall be counted before the close of the
5 period for counting provisional ballots.
6     (g-10) All absentee ballots determined to be valid shall be
7 added to the vote totals for the precincts for which they were
8 cast in the order in which the ballots were opened.
9     (h) Each political party, candidate, and qualified civic
10 organization shall be entitled to have present one pollwatcher
11 for each panel of election judges therein assigned.
12 (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
 
13     (10 ILCS 5/19A-35)
14     Sec. 19A-35. Procedure for voting.
15     (a) Not more than 23 days before the start of the election,
16 the county clerk shall make available to the election official
17 conducting early voting by personal appearance a sufficient
18 number of early ballots, envelopes, and printed voting
19 instruction slips for the use of early voters. The election
20 official shall receipt for all ballots received and shall
21 return unused or spoiled ballots at the close of the early
22 voting period to the county clerk and must strictly account for
23 all ballots received. The ballots delivered to the election
24 official must include early ballots for each precinct in the
25 election authority's jurisdiction and must include separate

 

 

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1 ballots for each political subdivision conducting an election
2 of officers or a referendum at that election.
3     (b) In conducting early voting under this Article, the
4 election judge or official is required to verify the signature
5 of the early voter by comparison with the signature on the
6 official registration card, and the judge or official must
7 verify (i) the identity of the applicant, (ii) that the
8 applicant is a registered voter, (iii) the precinct in which
9 the applicant is registered, and (iv) the proper ballots of the
10 political subdivision in which the applicant resides and is
11 entitled to vote before providing an early ballot to the
12 applicant. If the identity of the applicant cannot be verified,
13 the The applicant's identity must be verified by the
14 applicant's presentation of an Illinois driver's license, a
15 non-driver identification card issued by the Illinois
16 Secretary of State, or another government-issued
17 identification document containing the applicant's photograph.
18 The election judge or official must verify the applicant's
19 registration from the most recent poll list provided by the
20 election authority, and if the applicant is not listed on that
21 poll list, by telephoning the office of the election authority.
22     (b-5) A person requesting an early voting ballot to whom an
23 absentee ballot was issued may vote early if the person submits
24 that absentee ballot to the judges of election or official
25 conducting early voting for cancellation. If the voter is
26 unable to submit the absentee ballot, it shall be sufficient

 

 

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1 for the voter to submit to the judges or official (i) a portion
2 of the absentee ballot if the absentee ballot was torn or
3 mutilated or (ii) an affidavit executed before the judges or
4 official specifying that (A) the voter never received an
5 absentee ballot or (B) the voter completed and returned an
6 absentee ballot and was informed that the election authority
7 did not receive that absentee ballot.
8     (b-10) Within one day after a voter casts an early voting
9 ballot, the election authority shall transmit the voter's name,
10 street address, and precinct, ward, township, and district
11 numbers, as the case may be, to the State Board of Elections,
12 which shall maintain those names and that information in an
13 electronic format on its website, arranged by county and
14 accessible to State and local political committees.
15     (b-15) This subsection applies to early voting polling
16 places using optical scan technology voting equipment subject
17 to Article 24B. Immediately after voting an early ballot, the
18 voter shall be instructed whether the voting equipment accepted
19 or rejected the ballot. A voter whose early voting ballot is
20 not accepted by the voting equipment may, upon surrendering the
21 ballot, request and vote another early voting ballot. The
22 voter's ballot that was not accepted shall be initialed by the
23 election judge or official conducting the early voting and
24 handled as provided in Article 24B.
25     (c) The sealed early ballots in their carrier envelope
26 shall be delivered by the election authority to the central

 

 

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1 ballot counting location before the close of the polls on the
2 day of the election.
3 (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
4     (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
5     Sec. 20-8. Time and place of counting ballots.
6     (a) (Blank.)
7     (b) Each absent voter's ballot returned to an election
8 authority, by any means authorized by this Article, and
9 received by that election authority before the closing of the
10 polls on election day shall be endorsed by the receiving
11 election authority with the day and hour of receipt and shall
12 be counted in the central ballot counting location of the
13 election authority on the day of the election after 7:00 p.m.,
14 except as provided in subsections (g) and (g-5).
15     (c) Each absent voter's ballot that is mailed to an
16 election authority and postmarked by the midnight preceding the
17 opening of the polls on election day, but that is received by
18 the election authority after the polls close on election day
19 and before the close of the period for counting provisional
20 ballots cast at that election, shall be endorsed by the
21 receiving authority with the day and hour of receipt and shall
22 be counted at the central ballot counting location of the
23 election authority during the period for counting provisional
24 ballots.
25     Each absent voter's ballot that is mailed to an election

 

 

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1 authority absent a postmark, but that is received by the
2 election authority after the polls close on election day and
3 before the close of the period for counting provisional ballots
4 cast at that election, shall be endorsed by the receiving
5 authority with the day and hour of receipt, opened to inspect
6 the date inserted on the certification, and, if the
7 certification date is a date preceding the election day and the
8 ballot is otherwise found to be valid under the requirements of
9 this Section, counted at the central ballot counting location
10 of the election authority during the period for counting
11 provisional ballots. Absent a date on the certification, the
12 ballot shall not be counted.
13     (d) Special write-in absentee voter's blank ballots
14 returned to an election authority, by any means authorized by
15 this Article, and received by the election authority at any
16 time before the closing of the polls on election day shall be
17 endorsed by the receiving election authority with the day and
18 hour of receipt and shall be counted at the central ballot
19 counting location of the election authority during the same
20 period provided for counting absent voters' ballots under
21 subsections (b), (g), and (g-5). Special write-in absentee
22 voter's blank ballot that are mailed to an election authority
23 and postmarked by midnight preceding the opening of the polls
24 on election day, but that are received by the election
25 authority after the polls close on election day and before the
26 closing of the period for counting provisional ballots cast at

 

 

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1 that election, shall be endorsed by the receiving authority
2 with the day and hour of receipt and shall be counted at the
3 central ballot counting location of the election authority
4 during the same periods provided for counting absent voters'
5 ballots under subsection (c).
6     (e) Except as otherwise provided in this Section, absent
7 voters' ballots and special write-in absentee voter's blank
8 ballots received by the election authority after the closing of
9 the polls on the day of election shall be endorsed by the
10 person receiving the ballots with the day and hour of receipt
11 and shall be safely kept unopened by the election authority for
12 the period of time required for the preservation of ballots
13 used at the election, and shall then, without being opened, be
14 destroyed in like manner as the used ballots of that election.
15     (f) Counting required under this Section to begin on
16 election day after the closing of the polls shall commence no
17 later than 8:00 p.m. and shall be conducted by a panel or
18 panels of election judges appointed in the manner provided by
19 law. The counting shall continue until all absent voters'
20 ballots and special write-in absentee voter's blank ballots
21 required to be counted on election day have been counted.
22     (g) The procedures set forth in Articles 17 and 18 of this
23 Code shall apply to all ballots counted under this Section. In
24 addition, within 2 days after a ballot subject to this Article
25 is received, but in all cases before the close of the period
26 for counting provisional ballots, the election judge or

 

 

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1 official shall compare the voter's signature on the
2 certification envelope of that ballot with the signature of the
3 voter on file in the office of the election authority. If the
4 election judge or official determines that the 2 signatures
5 match, and that the voter is otherwise qualified to cast a
6 ballot under this Article, the election authority shall cast
7 and count the ballot on election day or the day the ballot is
8 determined to be valid, whichever is later, adding the results
9 to the precinct in which the voter is registered. If the
10 election judge or official determines that the signatures do
11 not match, or that the voter is not qualified to cast a ballot
12 under this Article, then without opening the certification
13 envelope, the judge or official shall mark across the face of
14 the certification envelope the word "Rejected" and shall not
15 cast or count the ballot.
16     In addition to the voter's signatures not matching, a
17 ballot subject to this Article may be rejected by the election
18 judge or official:
19         (1) if the ballot envelope is open or has been opened
20     and resealed;
21         (2) if the voter has already cast an early or grace
22     period ballot;
23         (3) if the voter voted in person on election day or the
24     voter is not a duly registered voter in the precinct; or
25         (4) on any other basis set forth in this Code.
26     If the election judge or official determines that any of

 

 

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1 these reasons apply, the judge or official shall mark across
2 the face of the certification envelope the word "Rejected" and
3 shall not cast or count the ballot.
4     (g-5) If a ballot subject to this Article is rejected by
5 the election judge or official for any reason, the election
6 authority shall, within 2 days after the rejection but in all
7 cases before the close of the period for counting provisional
8 ballots, notify the voter that his or her ballot was rejected.
9 The notice shall inform the voter of the reason or reasons the
10 ballot was rejected and shall state that the voter may appear
11 before the election authority, on or before the 14th day after
12 the election, to show cause as to why the ballot should not be
13 rejected. The voter may present evidence to the election
14 authority supporting his or her contention that the ballot
15 should be counted. The election authority shall appoint a panel
16 of 3 election judges to review the contested ballot,
17 application, and certification envelope, as well as any
18 evidence submitted by the absentee voter. No more than 2
19 election judges on the reviewing panel shall be of the same
20 political party. The reviewing panel of election judges shall
21 make a final determination as to the validity of the contested
22 ballot. The judges' determination shall not be reviewable
23 either administratively or judicially.
24     A ballot subject to this subsection that is determined to
25 be valid shall be counted before the close of the period for
26 counting provisional ballots.

 

 

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1     (g-10) All ballots determined to be valid shall be added to
2 the vote totals for the precincts for which they were cast in
3 the order in which the ballots were opened.
4     (h) Each political party, candidate, and qualified civic
5 organization shall be entitled to have present one pollwatcher
6 for each panel of election judges therein assigned.
7 (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
 
8     (10 ILCS 5/24A-10.1)  (from Ch. 46, par. 24A-10.1)
9     Sec. 24A-10.1. In an election jurisdiction where
10 in-precinct counting equipment is utilized, the following
11 procedures for counting and tallying the ballots shall apply:
12     Immediately after the closing of the polls, the precinct
13 judges of election shall open the ballot box and count the
14 number of ballots therein to determine if such number agrees
15 with the number of voters voting as shown by the applications
16 for ballot or, if the same do not agree, the judges of election
17 shall make such ballots agree with the applications for ballot
18 in the manner provided by Section 17-18 of this Act. The judges
19 of election shall then examine all ballot cards and ballot card
20 envelopes which are in the ballot box to determine whether the
21 ballot cards and ballot card envelopes contain the initials of
22 a precinct judge of election. If any ballot card or ballot card
23 envelope is not initialed, it shall be marked on the back
24 "Defective", initialed as to such label by all judges
25 immediately under the word "Defective" and not counted. The

 

 

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1 judges of election shall place an initialed blank official
2 ballot card in the place of the defective ballot card, so that
3 the count of the ballot cards to be counted on the automatic
4 tabulating equipment will be the same, and each "Defective
5 Ballot" card and "Replacement" card shall contain the same
6 serial number which shall be placed thereon by the judges of
7 election, commencing with number 1 and continuing
8 consecutively for the ballots of that kind in that precinct.
9 The original "Defective" card shall be placed in the "Defective
10 Ballot Envelope" provided for that purpose.
11     When an electronic voting system is used which utilizes a
12 ballot card, before separating the remaining ballot cards from
13 their respective covering envelopes, the judges of election
14 shall examine the ballot card envelopes for write-in votes.
15 When the voter has cast a write-in vote, the judges of election
16 shall compare the write-in vote with the votes on the ballot
17 card to determine whether such write-in results in an overvote
18 for any office. In case of an overvote for any office, the
19 judges of election, consisting in each case of at least one
20 judge of election of each of the 2 major political parties,
21 shall make a true duplicate ballot of all votes on such ballot
22 card except for the office which is overvoted, by using the
23 ballot label booklet of the precinct and one of the marking
24 devices of the precinct so as to transfer all votes of the
25 voter, except for the office overvoted, to a duplicate card.
26 The original ballot card and envelope upon which there is an

 

 

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1 overvote shall be clearly labeled "Overvoted Ballot", and each
2 such "Overvoted Ballot" as well as its "Replacement" shall
3 contain the same serial number which shall be placed thereon by
4 the judges of election, commencing with number 1 and continuing
5 consecutively for the ballots of that kind in that precinct.
6 The "Overvoted Ballot" card and ballot envelope shall be placed
7 in an envelope provided for that purpose labeled "Duplicate
8 Ballot" envelope, and the judges of election shall initial the
9 "Replacement" ballot cards and shall place them with the other
10 ballot cards to be counted on the automatic tabulating
11 equipment. Envelopes containing write-in votes marked in the
12 place designated therefor and containing the initials of a
13 precinct judge of election and not resulting in an overvote and
14 otherwise complying with the election laws as to marking shall
15 be counted and tallied and their votes recorded on a tally
16 sheet provided by the election authority.
17     The ballot cards and ballot card envelopes shall be
18 separated in preparation for counting by the automatic
19 tabulating equipment provided for that purpose by the election
20 authority.
21     Before the ballots are entered into the automatic
22 tabulating equipment, a precinct identification card provided
23 by the election authority shall be entered into the device to
24 ensure that the totals are all zeroes in the count column on
25 the printing unit. A precinct judge of election shall then
26 count the ballots by entering each ballot card into the

 

 

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1 automatic tabulating equipment, and if any ballot or ballot
2 card is damaged or defective so that it cannot properly be
3 counted by the automatic tabulating equipment, the judges of
4 election, consisting in each case of at least one judge of
5 election of each of the 2 major political parties, shall make a
6 true duplicate ballot of all votes on such ballot card by using
7 the ballot label booklet of the precinct and one of the marking
8 devices of the precinct. The original ballot or ballot card and
9 envelope shall be clearly labeled "Damaged Ballot" and the
10 ballot or ballot card so produced shall be clearly labeled
11 "Duplicate Damaged Ballot", and each shall contain the same
12 serial number which shall be placed thereon by the judges of
13 election, commencing with number 1 and continuing
14 consecutively for the ballots of that kind in the precinct. The
15 judges of election shall initial the "Duplicate Damaged Ballot"
16 ballot or ballot cards and shall enter the duplicate damaged
17 cards into the automatic tabulating equipment. The "Damaged
18 Ballot" cards shall be placed in the "Duplicated Ballots"
19 envelope; after all ballot cards have been successfully read,
20 the judges of election shall check to make certain that the
21 last number printed by the printing unit is the same as the
22 number of voters making application for ballot in that
23 precinct. The number shall be listed on the "Statement of
24 Ballots" form provided by the election authority.
25     The totals for all candidates and propositions shall be
26 tabulated. One copy of an "In-Precinct Totals Report" shall be

 

 

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1 generated by the automatic tabulating equipment for return to
2 the election authority. One copy of an "In-Precinct Totals
3 Report" shall be generated and posted in a conspicuous place
4 inside the polling place, provided that any authorized
5 pollwatcher or other official authorized to be present in the
6 polling place to observe the counting of ballots is present.
7     The totals for all candidates and propositions shall be
8 tabulated; 4 sets shall be attached to the 4 sets of
9 "Certificate of Results" provided by the election authority;
10 one set shall be posted in a conspicuous place inside the
11 polling place; and every effort shall be made by the judges of
12 election to provide a set for each authorized pollwatcher or
13 other official authorized to be present in the polling place to
14 observe the counting of ballots; but in no case shall the
15 number of sets to be made available to pollwatchers be fewer
16 than 4, chosen by lot by the judges of election. In addition,
17 sufficient time shall be provided by the judges of election to
18 the pollwatchers to allow them to copy information from the set
19 which has been posted.
20     The judges of election shall count all unused ballot cards
21 and enter the number on the "Statement of Ballots". All
22 "Spoiled", "Defective" and "Duplicated" ballot cards shall be
23 counted and the number entered on the "Statement of Ballots".
24     The precinct judges of election shall select a bi-partisan
25 team of 2 judges, who shall immediately return the ballots in a
26 sealed container, along with all other election materials as

 

 

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1 instructed by the election authority; provided, however, that
2 such container must first be sealed by the election judges with
3 filament tape provided for such purpose which shall be wrapped
4 around the container lengthwise and crosswise, at least twice
5 each way, in such manner that the ballots cannot be removed
6 from such container without breaking the seal and filament tape
7 and disturbing any signatures affixed by the election judges to
8 the container. The election authority shall keep the office of
9 the election authority, or any receiving stations designated by
10 such authority, open for at least 12 consecutive hours after
11 the polls close or until the ballots from all precincts with
12 in-precinct counting equipment within the jurisdiction of the
13 election authority have been returned to the election
14 authority. Ballots returned to the office of the election
15 authority which are not signed and sealed as required by law
16 shall not be accepted by the election authority until the
17 judges returning the same make and sign the necessary
18 corrections. Upon acceptance of the ballots by the election
19 authority, the judges returning the same shall take a receipt
20 signed by the election authority and stamped with the time and
21 date of such return. The election judges whose duty it is to
22 return any ballots as herein provided shall, in the event such
23 ballots cannot be found when needed, on proper request, produce
24 the receipt which they are to take as above provided.
25 (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 

 

 

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1     (10 ILCS 5/24A-15)  (from Ch. 46, par. 24A-15)
2     Sec. 24A-15. The precinct return printed by the automatic
3 tabulating equipment shall include the number of ballots cast
4 and votes cast for each candidate and proposition and shall
5 constitute the official return of each precinct. In addition to
6 the precinct return, the election authority shall provide the
7 number of applications for ballots in each precinct, the
8 write-in votes, the total number of ballots counted in each
9 precinct for each political subdivision and district and the
10 number of registered voters in each precinct. However, the
11 election authority shall check the totals shown by the precinct
12 return and, if there is an obvious discrepancy with respect to
13 the total number of votes cast in any precinct, shall have the
14 ballots for such precinct retabulated to correct the return.
15 The procedures for retabulation shall apply prior to and after
16 the proclamation is completed; however, after the proclamation
17 of results, the election authority must obtain a court order to
18 unseal voted ballots except for election contests and discovery
19 recounts. In those election jurisdictions that utilize
20 in-precinct counting equipment, the certificate of results,
21 which has been prepared by the judges of election in the
22 polling place after the ballots have been tabulated, shall be
23 the document used for the canvass of votes for such precinct.
24 Whenever a discrepancy exists during the canvass of votes
25 between the unofficial results and the certificate of results,
26 or whenever a discrepancy exists during the canvass of votes

 

 

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1 between the certificate of results and the set of totals which
2 has been affixed to such certificate of results, the ballots
3 for such precinct shall be retabulated to correct the return.
4 As an additional part of this check prior to the proclamation,
5 in those jurisdictions where in-precinct counting equipment is
6 utilized, the election authority shall retabulate the total
7 number of votes cast in 5% of the precincts within the election
8 jurisdiction. The precincts to be retabulated shall be selected
9 after election day on a random basis by the State Board of
10 Elections, so that every precinct in the election jurisdiction
11 has an equal mathematical chance of being selected. The State
12 Board of Elections shall design a standard and scientific
13 random method of selecting the precincts which are to be
14 retabulated. The State central committee chairman of each
15 established political party shall be given prior written notice
16 of the time and place of such random selection procedure and
17 may be represented at such procedure. Such retabulation shall
18 consist of counting the ballot cards which were originally
19 counted and shall not involve any determination as to which
20 ballot cards were, in fact, properly counted. The ballots from
21 the precincts selected for such retabulation shall remain at
22 all times under the custody and control of the election
23 authority and shall be transported and retabulated by the
24 designated staff of the election authority.
25     As part of such retabulation, the election authority shall
26 test the computer program in the selected precincts. Such test

 

 

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1 shall be conducted by processing a preaudited group of ballots
2 so punched so as to record a predetermined number of valid
3 votes for each candidate and on each public question, and shall
4 include for each office one or more ballots which have votes in
5 excess of the number allowed by law in order to test the
6 ability of the equipment to reject such votes. If any error is
7 detected, the cause therefor shall be ascertained and corrected
8 and an errorless count shall be made prior to the official
9 canvass and proclamation of election results.
10     The State Board of Elections, the State's Attorney and
11 other appropriate law enforcement agencies, the county
12 chairman of each established political party and qualified
13 civic organizations shall be given prior written notice of the
14 time and place of such retabulation and may be represented at
15 such retabulation.
16     The results of this retabulation shall be treated in the
17 same manner and have the same effect as the results of the
18 discovery procedures set forth in Section 22-9.1 of this Act.
19 Upon completion of the retabulation, the election authority
20 shall print a comparison of the results of the retabulation
21 with the original precinct return printed by the automatic
22 tabulating equipment. Such comparison shall be done for each
23 precinct and for each office voted upon within that precinct,
24 and the comparisons shall be open to the public.
25 (Source: P.A. 94-1000, eff. 7-3-06.)
 

 

 

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1     (10 ILCS 5/24A-16)  (from Ch. 46, par. 24A-16)
2     Sec. 24A-16. The State Board of Elections shall approve all
3 voting systems provided by this Article.
4     No voting system shall be approved unless it fulfills the
5 following requirements:
6         (1) It enables a voter to vote in absolute secrecy;
7         (2) (Blank);
8         (3) It enables a voter to vote a ticket selected in
9     part from the nominees of one party, and in part from the
10     nominees of any or all parties, and in part from
11     independent candidates and in part of candidates whose
12     names are written in by the voter;
13         (4) It enables a voter to vote a written or printed
14     ticket of his own selection for any person for any office
15     for whom he may desire to vote;
16         (5) It will reject all votes for an office or upon a
17     proposition when the voter has cast more votes for such
18     office or upon such proposition than he is entitled to
19     cast;
20         (6) It will accommodate all propositions to be
21     submitted to the voters in the form provided by law or,
22     where no such form is provided, then in brief form, not to
23     exceed 75 words.
24     The State Board of Elections shall not approve any voting
25 equipment or system that includes an external Infrared Data
26 Association (IrDA) communications port.

 

 

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1     The State Board of Elections is authorized to withdraw its
2 approval of a voting system if the system fails to fulfill the
3 above requirements.
4     The vendor, person, or other private entity shall be solely
5 responsible for the production and cost of: all application
6 fees; all ballots; additional temporary workers; and other
7 equipment or facilities needed and used in the testing of the
8 vendor's, person's, or other private entity's respective
9 equipment and software.
10     Any voting system vendor, person, or other private entity
11 seeking the State Board of Elections' approval of a voting
12 system shall, as part of the approval application, submit to
13 the State Board a non-refundable fee. The State Board of
14 Elections by rule shall establish an appropriate fee structure,
15 taking into account the type of voting system approval that is
16 requested (such as approval of a new system, a modification of
17 an existing system, the size of the modification, etc.). No
18 voting system or modification of a voting system shall be
19 approved unless the fee is paid.
20     No vendor, person, or other entity may sell, lease, or
21 loan, or have a written contract, including a contract
22 contingent upon State Board approval of the voting system or
23 voting system component, to sell, lease, or loan, a voting
24 system or voting system component to any election jurisdiction
25 unless the voting system or voting system component is first
26 approved by the State Board of Elections pursuant to this

 

 

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1 Section.
2 (Source: P.A. 94-1000, eff. 7-3-06.)
 
3     (10 ILCS 5/24B-6)
4     Sec. 24B-6. Ballot Information; Arrangement; Electronic
5 Precinct Tabulation Optical Scan Technology Voting System;
6 Absentee Ballots; Spoiled Ballots. The ballot information,
7 shall, as far as practicable, be in the order of arrangement
8 provided for paper ballots, except that the information may be
9 in vertical or horizontal rows, or on a number of separate
10 pages or displays on the marking device. Ballots for all
11 questions or propositions to be voted on should be provided in
12 a similar manner and must be arranged on the ballot sheet or
13 marking device in the places provided for such purposes.
14 Ballots shall be of white paper unless provided otherwise by
15 administrative rule of the State Board of Elections or
16 otherwise specified.
17     All propositions, including but not limited to
18 propositions calling for a constitutional convention,
19 constitutional amendment, judicial retention, and public
20 measures to be voted upon shall be placed on separate portions
21 of the ballot sheet or marking device by utilizing borders or
22 grey screens. Candidates shall be listed on a separate portion
23 of the ballot sheet or marking device by utilizing borders or
24 grey screens. Whenever a person has submitted a declaration of
25 intent to be a write-in candidate as required in Sections

 

 

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1 17-16.1 and 18-9.1, Below the name of the last candidate listed
2 for an office shall be printed or displayed a line or lines on
3 which the voter may select a write-in candidate shall be
4 printed below the name of the last candidate listed for such
5 office. Such line or lines shall be proximate to an area
6 provided for marking votes for the write-in candidate or
7 candidates. The number of write-in lines for an office shall
8 equal the number of write-in candidates who have filed for such
9 office plus an additional line or lines for write-in candidates
10 who may file for office under Sections 17-16.1 and 18-9.1 due
11 to vacancies in nomination due to objections to nominating
12 papers or petitions still pending 61 days prior to the
13 election, up to the number of candidates for which a voter may
14 vote. More than one amendment to the constitution may be placed
15 on the same portion of the ballot sheet or marking device.
16 Constitutional convention or constitutional amendment
17 propositions shall be printed or displayed on a separate
18 portion of the ballot sheet or marking device and designated by
19 borders or grey screens, unless otherwise provided by
20 administrative rule of the State Board of Elections. More than
21 one public measure or proposition may be placed on the same
22 portion of the ballot sheet or marking device. More than one
23 proposition for retention of judges in office may be placed on
24 the same portion of the ballot sheet or marking device. Names
25 of candidates shall be printed in black. The party affiliation
26 of each candidate or the word "independent" shall appear near

 

 

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1 or under the candidate's name, and the names of candidates for
2 the same office shall be listed vertically under the title of
3 that office, on separate pages of the marking device, or as
4 otherwise approved by the State Board of Elections. In the case
5 of nonpartisan elections for officers of political
6 subdivisions, unless the statute or an ordinance adopted
7 pursuant to Article VII of the Constitution requires otherwise,
8 the listing of nonpartisan candidates shall not include any
9 party or "independent" designation. Judicial retention
10 questions and ballot questions for all public measures and
11 other propositions shall be designated by borders or grey
12 screens on the ballot or marking device. In primary elections,
13 a separate ballot, or displays on the marking device, shall be
14 used for each political party holding a primary, with the
15 ballot or marking device arranged to include names of the
16 candidates of the party and public measures and other
17 propositions to be voted upon on the day of the primary
18 election.
19     If the ballot includes both candidates for office and
20 public measures or propositions to be voted on, the election
21 official in charge of the election shall divide the ballot or
22 displays on the marking device in sections for "Candidates" and
23 "Propositions", or separate ballots may be used.
24     Absentee ballots may consist of envelopes, paper ballots or
25 ballot sheets voted in person in the office of the election
26 official in charge of the election or voted by mail. Where a

 

 

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1 Precinct Tabulation Optical Scan Technology ballot is used for
2 voting by mail it must be accompanied by voter instructions.
3     Any voter who spoils his or her ballot, makes an error, or
4 has a ballot returned by the automatic tabulating equipment may
5 return the ballot to the judges of election and get another
6 ballot.
7 (Source: P.A. 93-574, eff. 8-21-03.)
 
8     (10 ILCS 5/24B-10.1)
9     Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures
10 for Counting and Tallying Ballots. In an election jurisdiction
11 where Precinct Tabulation Optical Scan Technology counting
12 equipment is used, the following procedures for counting and
13 tallying the ballots shall apply:
14     Before the opening of the polls, and before the ballots are
15 entered into the automatic tabulating equipment, the judges of
16 election shall be sure that the totals are all zeros in the
17 counting column. Ballots may then be counted by entering or
18 scanning each ballot into the automatic tabulating equipment.
19 Throughout the election day and before the closing of the
20 polls, no person may check any vote totals for any candidate or
21 proposition on the automatic tabulating equipment. Such
22 automatic tabulating equipment shall be programmed so that no
23 person may reset the equipment for refeeding of ballots unless
24 provided a code from an authorized representative of the
25 election authority. At the option of the election authority,

 

 

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1 the ballots may be fed into the Precinct Tabulation Optical
2 Scan Technology equipment by the voters under the direct
3 supervision of the judges of elections.
4     Immediately after the closing of the polls, the precinct
5 judges of election shall open the ballot box and count the
6 number of ballots to determine if the number agrees with the
7 number of voters voting as shown on the Precinct Tabulation
8 Optical Scan Technology equipment and by the applications for
9 ballot or, if the same do not agree, the judges of election
10 shall make the ballots agree with the applications for ballot
11 in the manner provided by Section 17-18 of this Code. The
12 judges of election shall then examine all ballots which are in
13 the ballot box to determine whether the ballots contain the
14 initials of a precinct judge of election. If any ballot is not
15 initialed, it shall be marked on the back "Defective",
16 initialed as to such label by all judges immediately under the
17 word "Defective" and not counted. The judges of election shall
18 place an initialed blank official ballot in the place of the
19 defective ballot, so that the count of the ballots to be
20 counted on the automatic tabulating equipment will be the same,
21 and each "Defective Ballot" and "Replacement" ballot shall
22 contain the same serial number which shall be placed thereon by
23 the judges of election, beginning with number 1 and continuing
24 consecutively for the ballots of that kind in that precinct.
25 The original "Defective" ballot shall be placed in the
26 "Defective Ballot Envelope" provided for that purpose.

 

 

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1     If the judges of election have removed a ballot pursuant to
2 Section 17-18, have labeled "Defective" a ballot which is not
3 initialed, or have otherwise determined under this Code to not
4 count a ballot originally deposited into a ballot box, the
5 judges of election shall be sure that the totals on the
6 automatic tabulating equipment are reset to all zeros in the
7 counting column. Thereafter the judges of election shall enter
8 or otherwise scan each ballot to be counted in the automatic
9 tabulating equipment. Resetting the automatic tabulating
10 equipment to all zeros and re-entering of ballots to be counted
11 may occur at the precinct polling place, the office of the
12 election authority, or any receiving station designated by the
13 election authority. The election authority shall designate the
14 place for resetting and re-entering or re-scanning.
15     When a Precinct Tabulation Optical Scan Technology
16 electronic voting system is used which uses a paper ballot, the
17 judges of election shall examine the ballot for write-in votes.
18 When the voter has cast a write-in vote, the judges of election
19 shall compare the write-in vote with the votes on the ballot to
20 determine whether the write-in results in an overvote for any
21 office, unless the Precinct Tabulation Optical Scan Technology
22 equipment has already done so. In case of an overvote for any
23 office, the judges of election, consisting in each case of at
24 least one judge of election of each of the 2 major political
25 parties, shall make a true duplicate ballot of all votes on
26 such ballot except for the office which is overvoted, by using

 

 

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1 the ballot of the precinct and one of the marking devices, or
2 equivalent ballot, of the precinct so as to transfer all votes
3 of the voter, except for the office overvoted, to a duplicate
4 ballot. The original ballot upon which there is an overvote
5 shall be clearly labeled "Overvoted Ballot", and each such
6 "Overvoted Ballot" as well as its "Replacement" shall contain
7 the same serial number which shall be placed thereon by the
8 judges of election, beginning with number 1 and continuing
9 consecutively for the ballots of that kind in that precinct.
10 The "Overvoted Ballot" shall be placed in an envelope provided
11 for that purpose labeled "Duplicate Ballot" envelope, and the
12 judges of election shall initial the "Replacement" ballots and
13 shall place them with the other ballots to be counted on the
14 automatic tabulating equipment.
15     If any ballot is damaged or defective, or if any ballot
16 contains a Voting Defect, so that it cannot properly be counted
17 by the automatic tabulating equipment, the voter or the judges
18 of election, consisting in each case of at least one judge of
19 election of each of the 2 major political parties, shall make a
20 true duplicate ballot of all votes on such ballot by using the
21 ballot of the precinct and one of the marking devices of the
22 precinct, or equivalent. If a damaged ballot, the original
23 ballot shall be clearly labeled "Damaged Ballot" and the ballot
24 so produced shall be clearly labeled "Damaged Ballot" and the
25 ballot so produced shall be clearly labeled "Duplicate Damaged
26 Ballot", and each shall contain the same serial number which

 

 

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1 shall be placed by the judges of election, beginning with
2 number 1 and continuing consecutively for the ballots of that
3 kind in the precinct. The judges of election shall initial the
4 "Duplicate Damaged Ballot" ballot and shall enter or otherwise
5 scan the duplicate damaged ballot into the automatic tabulating
6 equipment. The "Damaged Ballots" shall be placed in the
7 "Duplicated Ballots" envelope; after all ballots have been
8 successfully read, the judges of election shall check to make
9 certain that the Precinct Tabulation Optical Scan Technology
10 equipment readout agrees with the number of voters making
11 application for ballot in that precinct. The number shall be
12 listed on the "Statement of Ballots" form provided by the
13 election authority.
14     The totals for all candidates and propositions shall be
15 tabulated. One copy of an "In-Precinct Totals Report" shall be
16 generated by the automatic tabulating equipment for return to
17 the election authority. One copy of an "In-Precinct Totals
18 Report" shall be generated and posted in a conspicuous place
19 inside the polling place, provided that any authorized
20 pollwatcher or other official authorized to be present in the
21 polling place to observe the counting of ballots is present.
22 The totals for all candidates and propositions shall be
23 tabulated; and 4 copies of a "Certificate of Results" shall be
24 generated by the automatic tabulating equipment; one copy shall
25 be posted in a conspicuous place inside the polling place; and
26 every effort shall be made by the judges of election to provide

 

 

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1 a copy for each authorized pollwatcher or other official
2 authorized to be present in the polling place to observe the
3 counting of ballots; but in no case shall the number of copies
4 to be made available to pollwatchers be fewer than 4, chosen by
5 lot by the judges of election. In addition, sufficient time
6 shall be provided by the judges of election to the pollwatchers
7 to allow them to copy information from the copy which has been
8 posted.
9     The judges of election shall count all unused ballots and
10 enter the number on the "Statement of Ballots". All "Spoiled",
11 "Defective" and "Duplicated" ballots shall be counted and the
12 number entered on the "Statement of Ballots".
13     The precinct judges of election shall select a bi-partisan
14 team of 2 judges, who shall immediately return the ballots in a
15 sealed container, along with all other election materials as
16 instructed by the election authority; provided, however, that
17 such container must first be sealed by the election judges with
18 filament tape or other approved sealing devices provided for
19 the purpose which shall be wrapped around the container
20 lengthwise and crosswise, at least twice each way, in a manner
21 that the ballots cannot be removed from the container without
22 breaking the seal and filament tape and disturbing any
23 signatures affixed by the election judges to the container, or
24 which other approved sealing devices are affixed in a manner
25 approved by the election authority. The election authority
26 shall keep the office of the election authority or any

 

 

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1 receiving stations designated by the authority, open for at
2 least 12 consecutive hours after the polls close or until the
3 ballots from all precincts with in-precinct counting equipment
4 within the jurisdiction of the election authority have been
5 returned to the election authority. Ballots returned to the
6 office of the election authority which are not signed and
7 sealed as required by law shall not be accepted by the election
8 authority until the judges returning the ballots make and sign
9 the necessary corrections. Upon acceptance of the ballots by
10 the election authority, the judges returning the ballots shall
11 take a receipt signed by the election authority and stamped
12 with the time and date of the return. The election judges whose
13 duty it is to return any ballots as provided shall, in the
14 event the ballots cannot be found when needed, on proper
15 request, produce the receipt which they are to take as above
16 provided. The precinct judges of election shall also deliver
17 the Precinct Tabulation Optical Scan Technology equipment to
18 the election authority.
19 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
20 94-1000, eff. 7-3-06.)
 
21     (10 ILCS 5/24B-15)
22     Sec. 24B-15. Official Return of Precinct; Check of Totals;
23 Retabulation. The precinct return printed by the automatic
24 Precinct Tabulation Optical Scan Technology tabulating
25 equipment shall include the number of ballots cast and votes

 

 

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1 cast for each candidate and proposition and shall constitute
2 the official return of each precinct. In addition to the
3 precinct return, the election authority shall provide the
4 number of applications for ballots in each precinct, the
5 write-in votes, the total number of ballots counted in each
6 precinct for each political subdivision and district and the
7 number of registered voters in each precinct. However, the
8 election authority shall check the totals shown by the precinct
9 return and, if there is an obvious discrepancy regarding the
10 total number of votes cast in any precinct, shall have the
11 ballots for that precinct retabulated to correct the return.
12 The procedures for retabulation shall apply prior to and after
13 the proclamation is completed; however, after the proclamation
14 of results, the election authority must obtain a court order to
15 unseal voted ballots except for election contests and discovery
16 recounts. In those election jurisdictions that use in-precinct
17 counting equipment, the certificate of results, which has been
18 prepared by the judges of election in the polling place after
19 the ballots have been tabulated, shall be the document used for
20 the canvass of votes for such precinct. Whenever a discrepancy
21 exists during the canvass of votes between the unofficial
22 results and the certificate of results, or whenever a
23 discrepancy exists during the canvass of votes between the
24 certificate of results and the set of totals which has been
25 affixed to the certificate of results, the ballots for that
26 precinct shall be retabulated to correct the return. As an

 

 

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1 additional part of this check prior to the proclamation, in
2 those jurisdictions where in-precinct counting equipment is
3 used, the election authority shall retabulate the total number
4 of votes cast in 5% of the precincts within the election
5 jurisdiction. The precincts to be retabulated shall be selected
6 after election day on a random basis by the State Board of
7 Elections, so that every precinct in the election jurisdiction
8 has an equal mathematical chance of being selected. The State
9 Board of Elections shall design a standard and scientific
10 random method of selecting the precincts which are to be
11 retabulated. The State central committee chairman of each
12 established political party shall be given prior written notice
13 of the time and place of the random selection procedure and may
14 be represented at the procedure. The retabulation shall consist
15 of counting the ballots which were originally counted and shall
16 not involve any determination of which ballots were, in fact,
17 properly counted. The ballots from the precincts selected for
18 the retabulation shall remain at all times under the custody
19 and control of the election authority and shall be transported
20 and retabulated by the designated staff of the election
21 authority.
22     As part of the retabulation, the election authority shall
23 test the computer program in the selected precincts. The test
24 shall be conducted by processing a preaudited group of ballots
25 marked to record a predetermined number of valid votes for each
26 candidate and on each public question, and shall include for

 

 

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1 each office one or more ballots which have votes in excess of
2 the number allowed by law to test the ability of the equipment
3 and the marking device to reject such votes. If any error is
4 detected, the cause shall be determined and corrected, and an
5 errorless count shall be made prior to the official canvass and
6 proclamation of election results.
7     The State Board of Elections, the State's Attorney and
8 other appropriate law enforcement agencies, the county
9 chairman of each established political party and qualified
10 civic organizations shall be given prior written notice of the
11 time and place of the retabulation and may be represented at
12 the retabulation.
13     The results of this retabulation shall be treated in the
14 same manner and have the same effect as the results of the
15 discovery procedures set forth in Section 22-9.1 of this Code.
16 Upon completion of the retabulation, the election authority
17 shall print a comparison of the results of the retabulation
18 with the original precinct return printed by the automatic
19 tabulating equipment. The comparison shall be done for each
20 precinct and for each office voted upon within that precinct,
21 and the comparisons shall be open to the public. Upon
22 completion of the retabulation, the returns shall be open to
23 the public.
24 (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
 
25     (10 ILCS 5/24B-16)

 

 

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1     Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
2 Technology Voting Systems; Requisites. The State Board of
3 Elections shall approve all Precinct Tabulation Optical Scan
4 Technology voting systems provided by this Article.
5     No Precinct Tabulation Optical Scan Technology voting
6 system shall be approved unless it fulfills the following
7 requirements:
8         (a) It enables a voter to vote in absolute secrecy;
9         (b) (Blank);
10         (c) It enables a voter to vote a ticket selected in
11     part from the nominees of one party, and in part from the
12     nominees of any or all parties, and in part from
13     independent candidates, and in part of candidates whose
14     names are written in by the voter;
15         (d) It enables a voter to vote a written or printed
16     ticket of his or her own selection for any person for any
17     office for whom he or she may desire to vote;
18         (e) It will reject all votes for an office or upon a
19     proposition when the voter has cast more votes for the
20     office or upon the proposition than he or she is entitled
21     to cast; and
22         (f) It will accommodate all propositions to be
23     submitted to the voters in the form provided by law or,
24     where no form is provided, then in brief form, not to
25     exceed 75 words.
26     The State Board of Elections shall not approve any voting

 

 

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1 equipment or system that includes an external Infrared Data
2 Association (IrDA) communications port.
3     The State Board of Elections is authorized to withdraw its
4 approval of a Precinct Tabulation Optical Scan Technology
5 voting system if the system fails to fulfill the above
6 requirements.
7     The vendor, person, or other private entity shall be solely
8 responsible for the production and cost of: all application
9 fees; all ballots; additional temporary workers; and other
10 equipment or facilities needed and used in the testing of the
11 vendor's, person's, or other private entity's respective
12 equipment and software.
13     Any voting system vendor, person, or other private entity
14 seeking the State Board of Elections' approval of a voting
15 system shall, as part of the approval application, submit to
16 the State Board a non-refundable fee. The State Board of
17 Elections by rule shall establish an appropriate fee structure,
18 taking into account the type of voting system approval that is
19 requested (such as approval of a new system, a modification of
20 an existing system, the size of the modification, etc.). No
21 voting system or modification of a voting system shall be
22 approved unless the fee is paid.
23     No vendor, person, or other entity may sell, lease, or
24 loan, or have a written contract, including a contract
25 contingent upon State Board approval of the voting system or
26 voting system component, to sell, lease, or loan, a voting

 

 

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1 system or Precinct Tabulation Optical Scan Technology voting
2 system component to any election jurisdiction unless the voting
3 system or voting system component is first approved by the
4 State Board of Elections pursuant to this Section.
5 (Source: P.A. 94-1000, eff. 7-3-06.)
 
6     (10 ILCS 5/24C-12)
7     Sec. 24C-12. Procedures for Counting and Tallying of
8 Ballots. In an election jurisdiction where a Direct Recording
9 Electronic Voting System is used, the following procedures for
10 counting and tallying the ballots shall apply:
11     Before the opening of the polls, the judges of elections
12 shall assemble the voting equipment and devices and turn the
13 equipment on. The judges shall, if necessary, take steps to
14 activate the voting devices and counting equipment by inserting
15 into the equipment and voting devices appropriate data cards
16 containing passwords and data codes that will select the proper
17 ballot formats selected for that polling place and that will
18 prevent inadvertent or unauthorized activation of the
19 poll-opening function. Before voting begins and before ballots
20 are entered into the voting devices, the judges of election
21 shall cause to be printed a record of the following: the
22 election's identification data, the device's unit
23 identification, the ballot's format identification, the
24 contents of each active candidate register by office and of
25 each active public question register showing that they contain

 

 

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1 all zero votes, all ballot fields that can be used to invoke
2 special voting options, and other information needed to ensure
3 the readiness of the equipment and to accommodate
4 administrative reporting requirements. The judges must also
5 check to be sure that the totals are all zeros in the counting
6 columns and in the public counter affixed to the voting
7 devices.
8     After the judges have determined that a person is qualified
9 to vote, a voting device with the proper ballot to which the
10 voter is entitled shall be enabled to be used by the voter. The
11 ballot may then be cast by the voter by marking by appropriate
12 means the designated area of the ballot for the casting of a
13 vote for any candidate or for or against any public question.
14 The voter shall be able to vote for any and all candidates and
15 public measures appearing on the ballot in any legal number and
16 combination and the voter shall be able to delete, change or
17 correct his or her selections before the ballot is cast. The
18 voter shall be able to select candidates whose names do not
19 appear upon the ballot for any office by entering
20 electronically as many names of candidates as the voter is
21 entitled to select for each office.
22     Upon completing his or her selection of candidates or
23 public questions, the voter shall signify that voting has been
24 completed by activating the appropriate button, switch or
25 active area of the ballot screen associated with end of voting.
26 Upon activation, the voting system shall record an image of the

 

 

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1 completed ballot, increment the proper ballot position
2 registers, and shall signify to the voter that the ballot has
3 been cast. Upon activation, the voting system shall also print
4 a permanent paper record of each ballot cast as defined in
5 Section 24C-2 of this Code. This permanent paper record shall
6 (i) be printed in a clear, readily readable format that can be
7 easily reviewed by the voter for completeness and accuracy and
8 (ii) either be self-contained within the voting device or be
9 deposited by the voter into a secure ballot box. No permanent
10 paper record shall be removed from the polling place except by
11 election officials as authorized by this Article. All permanent
12 paper records shall be preserved and secured by election
13 officials in the same manner as paper ballots and shall be
14 available as an official record for any recount, redundant
15 count, or verification or retabulation of the vote count
16 conducted with respect to any election in which the voting
17 system is used. The voter shall exit the voting station and the
18 voting system shall prevent any further attempt to vote until
19 it has been properly re-activated. If a voting device has been
20 enabled for voting but the voter leaves the polling place
21 without casting a ballot, 2 judges of election, one from each
22 of the 2 major political parties, shall spoil the ballot.
23     Throughout the election day and before the closing of the
24 polls, no person may check any vote totals for any candidate or
25 public question on the voting or counting equipment. Such
26 equipment shall be programmed so that no person may reset the

 

 

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1 equipment for reentry of ballots unless provided the proper
2 code from an authorized representative of the election
3 authority.
4     The precinct judges of election shall check the public
5 register to determine whether the number of ballots counted by
6 the voting equipment agrees with the number of voters voting as
7 shown by the applications for ballot. If the same do not agree,
8 the judges of election shall immediately contact the offices of
9 the election authority in charge of the election for further
10 instructions. If the number of ballots counted by the voting
11 equipment agrees with the number of voters voting as shown by
12 the application for ballot, the number shall be listed on the
13 "Statement of Ballots" form provided by the election authority.
14     The totals for all candidates and propositions shall be
15 tabulated. One copy of an "In-Precinct Totals Report" shall be
16 generated by the automatic tabulating equipment for return to
17 the election authority. One copy of an "In-Precinct Totals
18 Report" shall be generated and posted in a conspicuous place
19 inside the polling place, provided that any authorized
20 pollwatcher or other official authorized to be present in the
21 polling place to observe the counting of ballots is present.
22 Except as otherwise provided in this Section, the totals for
23 all candidates and propositions shall be tabulated; and 4
24 copies of a "Certificate of Results" shall be printed by the
25 automatic tabulating equipment; one copy shall be posted in a
26 conspicuous place inside the polling place; and every effort

 

 

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1 shall be made by the judges of election to provide a copy for
2 each authorized pollwatcher or other official authorized to be
3 present in the polling place to observe the counting of
4 ballots; but in no case shall the number of copies to be made
5 available to pollwatchers be fewer than 4, chosen by lot by the
6 judges of election. In addition, sufficient time shall be
7 provided by the judges of election to the pollwatchers to allow
8 them to copy information from the copy which has been posted.
9     Until December 31, 2007, in elections at which fractional
10 cumulative votes are cast for candidates, the tabulation of
11 those fractional cumulative votes may be made by the election
12 authority at its central office location, and 4 copies of a
13 "Certificate of Results" shall be printed by the automatic
14 tabulation equipment and shall be posted in 4 conspicuous
15 places at the central office location where those fractional
16 cumulative votes have been tabulated.
17     If instructed by the election authority, the judges of
18 election shall cause the tabulated returns to be transmitted
19 electronically to the offices of the election authority via
20 modem or other electronic medium.
21     The precinct judges of election shall select a bi-partisan
22 team of 2 judges, who shall immediately return the ballots in a
23 sealed container, along with all other election materials and
24 equipment as instructed by the election authority; provided,
25 however, that such container must first be sealed by the
26 election judges with filament tape or other approved sealing

 

 

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1 devices provided for the purpose in a manner that the ballots
2 cannot be removed from the container without breaking the seal
3 or filament tape and disturbing any signatures affixed by the
4 election judges to the container. The election authority shall
5 keep the office of the election authority, or any receiving
6 stations designated by the authority, open for at least 12
7 consecutive hours after the polls close or until the ballots
8 and election material and equipment from all precincts within
9 the jurisdiction of the election authority have been returned
10 to the election authority. Ballots and election materials and
11 equipment returned to the office of the election authority
12 which are not signed and sealed as required by law shall not be
13 accepted by the election authority until the judges returning
14 the ballots make and sign the necessary corrections. Upon
15 acceptance of the ballots and election materials and equipment
16 by the election authority, the judges returning the ballots
17 shall take a receipt signed by the election authority and
18 stamped with the time and date of the return. The election
19 judges whose duty it is to return any ballots and election
20 materials and equipment as provided shall, in the event the
21 ballots, materials or equipment cannot be found when needed, on
22 proper request, produce the receipt which they are to take as
23 above provided.
24 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
25 94-1073, eff. 12-26-06.)
 

 

 

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1     (10 ILCS 5/24C-15)
2     Sec. 24C-15. Official Return of Precinct; Check of Totals;
3 Audit. The precinct return printed by the Direct Recording
4 Electronic Voting System tabulating equipment shall include
5 the number of ballots cast and votes cast for each candidate
6 and public question and shall constitute the official return of
7 each precinct. In addition to the precinct return, the election
8 authority shall provide the number of applications for ballots
9 in each precinct, the total number of ballots and absentee
10 ballots counted in each precinct for each political subdivision
11 and district and the number of registered voters in each
12 precinct. However, the election authority shall check the
13 totals shown by the precinct return and, if there is an obvious
14 discrepancy regarding the total number of votes cast in any
15 precinct, shall have the ballots for that precinct audited to
16 correct the return. The procedures for this audit shall apply
17 prior to and after the proclamation is completed; however,
18 after the proclamation of results, the election authority must
19 obtain a court order to unseal voted ballots or voting devices
20 except for election contests and discovery recounts. The
21 certificate of results, which has been prepared and signed by
22 the judges of election in the polling place after the ballots
23 have been tabulated, shall be the document used for the canvass
24 of votes for such precinct. Whenever a discrepancy exists
25 during the canvass of votes between the unofficial results and
26 the certificate of results, or whenever a discrepancy exists

 

 

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1 during the canvass of votes between the certificate of results
2 and the set of totals reflected on the certificate of results,
3 the ballots for that precinct shall be audited to correct the
4 return.
5     Prior to the proclamation, the election authority shall
6 test the voting devices and equipment in 5% of the precincts
7 within the election jurisdiction. The precincts to be tested
8 shall be selected after election day on a random basis by the
9 State Board of Elections, so that every precinct in the
10 election jurisdiction has an equal mathematical chance of being
11 selected. The State Board of Elections shall design a standard
12 and scientific random method of selecting the precincts that
13 are to be tested. The State central committee chairman of each
14 established political party shall be given prior written notice
15 of the time and place of the random selection procedure and may
16 be represented at the procedure.
17     The test shall be conducted by counting the votes marked on
18 the permanent paper record of each ballot cast in the tested
19 precinct printed by the voting system at the time that each
20 ballot was cast and comparing the results of this count with
21 the results shown by the certificate of results prepared by the
22 Direct Recording Electronic Voting System in the test precinct.
23 The election authority shall test count these votes either by
24 hand or by using an automatic tabulating device other than a
25 Direct Recording Electronic voting device that has been
26 approved by the State Board of Elections for that purpose and

 

 

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1 tested before use to ensure accuracy. The election authority
2 shall print the results of each test count. If any error is
3 detected, the cause shall be determined and corrected, and an
4 errorless count shall be made prior to the official canvass and
5 proclamation of election results. If an errorless count cannot
6 be conducted and there continues to be difference in vote
7 results between the certificate of results produced by the
8 Direct Recording Electronic Voting System and the count of the
9 permanent paper records or if an error was detected and
10 corrected, the election authority shall immediately prepare
11 and forward to the appropriate canvassing board a written
12 report explaining the results of the test and any errors
13 encountered and the report shall be made available for public
14 inspection.
15     The State Board of Elections, the State's Attorney and
16 other appropriate law enforcement agencies, the county
17 chairman of each established political party and qualified
18 civic organizations shall be given prior written notice of the
19 time and place of the test and may be represented at the test.
20     The results of this post-election test shall be treated in
21 the same manner and have the same effect as the results of the
22 discovery procedures set forth in Section 22-9.1 of this Code.
23 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
24 94-1000, eff. 7-3-06.)
 
25     (10 ILCS 5/24C-16)

 

 

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1     Sec. 24C-16. Approval of Direct Recording Electronic
2 Voting Systems; Requisites. The State Board of Elections shall
3 approve all Direct Recording Electronic Voting Systems that
4 fulfill the functional requirements provided by Section 24C-11
5 of this Code, the mandatory requirements of the federal voting
6 system standards pertaining to Direct Recording Electronic
7 Voting Systems promulgated by the Federal Election Commission
8 or the Election Assistance Commission, the testing
9 requirements of an approved independent testing authority and
10 the rules of the State Board of Elections.
11     The State Board of Elections shall not approve any Direct
12 Recording Electronic Voting System that includes an external
13 Infrared Data Association (IrDA) communications port.
14     The State Board of Elections is authorized to withdraw its
15 approval of a Direct Recording Electronic Voting System if the
16 System, once approved, fails to fulfill the above requirements.
17     The vendor, person, or other private entity shall be solely
18 responsible for the production and cost of: all application
19 fees; all ballots; additional temporary workers; and other
20 equipment or facilities needed and used in the testing of the
21 vendor's, person's, or other private entity's respective
22 equipment and software.
23     Any voting system vendor, person, or other private entity
24 seeking the State Board of Elections' approval of a voting
25 system shall, as part of the approval application, submit to
26 the State Board a non-refundable fee. The State Board of

 

 

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1 Elections by rule shall establish an appropriate fee structure,
2 taking into account the type of voting system approval that is
3 requested (such as approval of a new system, a modification of
4 an existing system, the size of the modification, etc.). No
5 voting system or modification of a voting system shall be
6 approved unless the fee is paid.
7     No vendor, person, or other entity may sell, lease, or
8 loan, or have a written contract, including a contract
9 contingent upon State Board approval of the voting system or
10 voting system component, to sell, lease, or loan, a Direct
11 Recording Electronic Voting System or system component to any
12 election jurisdiction unless the system or system component is
13 first approved by the State Board of Elections pursuant to this
14 Section.
15 (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
 
16     (10 ILCS 5/28-6)  (from Ch. 46, par. 28-6)
17     Sec. 28-6. Petitions; filing.
18     (a) On a written petition signed by a number of voters
19 equal to at least 11% 8% of the total votes cast for candidates
20 for Governor in the preceding gubernatorial election by the
21 registered voters of the municipality, township, county or
22 school district in the last general election at which the
23 municipality, township, county, or school district voted for
24 the election of officers to serve its respective jurisdiction,
25 it shall be the duty of the proper election officers to submit

 

 

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1 any question of public policy so petitioned for, to the
2 electors of such political subdivision at any regular election
3 named in the petition at which an election is scheduled to be
4 held throughout such political subdivision under Article 2A.
5 Such petitions shall be filed with the local election official
6 of the political subdivision or election authority, as the case
7 may be. Where such a question is to be submitted to the voters
8 of a municipality which has adopted Article 6, or a township or
9 school district located entirely within the jurisdiction of a
10 municipal board of election commissioners, such petitions
11 shall be filed with the board of election commissioners having
12 jurisdiction over the political subdivision.
13     (b) In a municipality with more than 1,000,000 inhabitants,
14 when a question of public policy exclusively concerning a
15 contiguous territory included entirely within but not
16 coextensive with the municipality is initiated by resolution or
17 ordinance of the corporate authorities of the municipality, or
18 by a petition which may be signed by registered voters who
19 reside in any part of any precinct all or part of which
20 includes all or part of the territory and who equal in number
21 at least 8% of the total votes cast for candidates for Governor
22 in the preceding gubernatorial election by the total number of
23 registered voters of the precinct or precincts the registered
24 voters of which are eligible to sign the petition, it shall be
25 the duty of the election authority having jurisdiction over
26 such municipality to submit such question to the electors

 

 

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1 throughout each precinct all or part of which includes all or
2 part of the territory at the regular election specified in the
3 resolution, ordinance or petition initiating the public
4 question. A petition initiating a public question described in
5 this subsection shall be filed with the election authority
6 having jurisdiction over the municipality. A resolution,
7 ordinance or petition initiating a public question described in
8 this subsection shall specify the election at which the
9 question is to be submitted.
10     (c) Local questions of public policy authorized by this
11 Section and statewide questions of public policy authorized by
12 Section 28-9 shall be advisory public questions, and no legal
13 effects shall result from the adoption or rejection of such
14 propositions.
15     (d) This Section does not apply to a petition filed
16 pursuant to Article IX of the Liquor Control Act of 1934.
17 (Source: P.A. 93-574, eff. 8-21-03.)
 
18     Section 10. The Illinois Municipal Code is amended by
19 changing Sections 3.1-20-45 and 3.1-25-40 as follows:
 
20     (65 ILCS 5/3.1-20-45)
21     Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
22 office. A city incorporated under this Code that elects
23 municipal officers at nonpartisan primary and general
24 elections shall conduct the elections as provided in the

 

 

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1 Election Code, except that no office for which nomination is
2 uncontested shall be included on the primary ballot and no
3 primary shall be held for that office. For the purposes of this
4 Section, an office is uncontested when not more than 4 two
5 persons to be nominated for each office have timely filed valid
6 nominating papers seeking nomination for the election to that
7 office.
8     Notwithstanding the preceding paragraph, when a person (i)
9 who has not timely filed valid nomination papers and (ii) who
10 intends to become a write-in candidate for nomination for any
11 office for which nomination is uncontested files a written
12 statement or notice of that intent with the proper election
13 official with whom the nomination papers for that office are
14 filed, if the write-in candidate becomes the fifth candidate
15 filed, a primary ballot must be prepared and a primary must be
16 held for the office. The statement or notice must be filed on
17 or before the 61st day before the consolidated primary
18 election. The statement must contain (i) the name and address
19 of the person intending to become a write-in candidate, (ii) a
20 statement that the person intends to become a write-in
21 candidate, and (iii) the office the person is seeking as a
22 write-in candidate. An election authority has no duty to
23 conduct a primary election or prepare a primary ballot unless a
24 statement meeting the requirements of this paragraph is filed
25 in a timely manner.
26 (Source: P.A. 91-57, eff. 6-30-99.)
 

 

 

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1     (65 ILCS 5/3.1-25-40)  (from Ch. 24, par. 3.1-25-40)
2     Sec. 3.1-25-40. Ballots.
3     (a) If the office of president is to be filled, only the
4 names of the 4 2 candidates receiving the highest number of
5 votes for president shall be placed on the ballot for president
6 at the next succeeding general municipal election. The names of
7 candidates in a number equal to 4 2 times the number of trustee
8 positions to be filled receiving the highest number of votes
9 for trustee, or the names of all candidates if less than 4 2
10 times the number of trustee positions to be filled, shall be
11 placed on the ballot for that office at the municipal election.
12     (b) An elector, however, at either a primary election or a
13 general municipal election held under Sections 3.1-25-20
14 through 3.1-25-55, may write in the names of the candidates of
15 that elector's choice in accordance with the general election
16 law. If, however, the name of only one candidate for a
17 particular office appeared on the primary ballot, the name of
18 the person having the largest number of write-in votes shall
19 not be placed upon the ballot at the general municipal election
20 unless the number of votes received in the primary election by
21 that person was at least 10% of the number of votes received by
22 the candidate for the same office whose name appeared on the
23 primary ballot.
24     (c) If a nominee at a general primary election dies or
25 withdraws before the general municipal election, there shall be

 

 

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1 placed on the ballot the name of the candidate receiving the
2 next highest number of votes, and so on in case of the death or
3 withdrawal of more than one nominee.
4     (d) If in the application of this Section there occurs the
5 condition provided for in Section 3.1-25-45, there shall be
6 placed on the ballot the name of the candidate who was not
7 chosen by lot under that Section where one of 2 tied candidates
8 had been placed on the ballot before the death or withdrawal
9 occurred. If, however, in the application of this Section, the
10 candidate with the next highest number of votes cannot be
11 determined because of a tie among 2 or more candidates, the
12 successor nominee whose name shall be placed on the ballot
13 shall be determined by lot as provided in Section 3.1-25-45.
14 (Source: P.A. 87-1119.)
 
15     (65 ILCS 5/4-3-5 rep.)
16     (65 ILCS 5/4-3-10 rep.)
17     (65 ILCS 5/4-3-10.1 rep.)
18     (65 ILCS 5/4-3-13 rep.)
19     (65 ILCS 5/4-3-14 rep.)
20     Section 15. The Illinois Municipal Code is amended by
21 repealing Sections 4-3-5, 4-3-10, 4-3-10.1, 4-3-13, and
22 4-3-14.