Full Text of SB3486 101st General Assembly
SB3486 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3486 Introduced 2/14/2020, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. Provides that the State Board of Elections shall provide written notice not less than 60 days (rather than 30 days) before an election to selected jurisdictions of its intent to conduct a test of the automatic tabulating equipment and program. Provides that within 15 days (rather than 5 days) of receipt of the State Board of Elections' written notice of intent to conduct a test, the selected jurisdictions shall forward a copy of all specimen ballots to the State Board of Elections. Changes the title of the Direct Recording Electronic Voting Systems Article to the Direct Recording Electronic Tabulators and Electronic Ballot Marking Devices Article. Changes references to "direct recording voting system" to "direct recording electronic tabulator" throughout the Article. Changes references to "marking device" to "electronic ballot marking device" throughout the Article. Changes references to "public measures" to "public questions" throughout the Act. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| 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 the | 5 | | heading of Article 24C and Sections 24B-2, 24B-4, 24B-6, 24B-9, | 6 | | 24C-1, 24C-2, 24C-3, 24C-3.1, 24C-4, 24C-5, 24C-5.1, 24C-5.2, | 7 | | 24C-6, 24C-6.1, 24C-7, 24C-8, 24C-9, 24C-10, 24C-11, 24C-12, | 8 | | 24C-13, 24C-14, 24C-15, 24C-15.01, 24C-15.1, 24C-16, 24C-17, | 9 | | 24C-18, 24C-19, and 28-9 as follows:
| 10 | | (10 ILCS 5/24B-2)
| 11 | | Sec. 24B-2. Definitions. As used in this Article:
| 12 | | "Computer", "automatic tabulating equipment" or | 13 | | "equipment"
includes apparatus necessary to automatically | 14 | | examine and count
votes as designated on ballots, and data | 15 | | processing machines
which can be used for counting ballots and | 16 | | tabulating results.
| 17 | | "Ballot" means paper ballot sheets.
| 18 | | "Ballot configuration" means the particular combination of
| 19 | | political subdivision ballots including, for each political
| 20 | | subdivision, the particular combination of offices, candidate
| 21 | | names and questions as it appears for each group of voters who
| 22 | | may cast the same ballot.
| 23 | | "Ballot sheet" means a paper ballot printed on one or both
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| 1 | | sides which is (1) designed and prepared so that the voter may
| 2 | | indicate his or her votes in designated areas, which must be
| 3 | | areas clearly printed or otherwise delineated for such purpose,
| 4 | | and (2) capable of having votes marked in the designated areas
| 5 | | automatically examined, counted, and tabulated by an | 6 | | electronic
scanning process.
| 7 | | "Central counting" means the counting of ballots in one or
| 8 | | more locations selected by the election authority for the
| 9 | | processing or counting, or both, of ballots. A location for
| 10 | | central counting shall be within the territorial jurisdiction | 11 | | of
the election authority unless there is no suitable | 12 | | tabulating
equipment available within his territorial | 13 | | jurisdiction.
However, in any event a counting location shall | 14 | | be within this
State.
| 15 | | "Computer operator" means any person or persons designated
| 16 | | by the election authority to operate the automatic tabulating
| 17 | | equipment during any portion of the vote tallying process in an
| 18 | | election, but shall not include judges of election operating | 19 | | vote
tabulating equipment in the precinct.
| 20 | | "Computer program" or "program" means the set of operating
| 21 | | instructions for the automatic tabulating equipment that
| 22 | | examines, counts, tabulates, canvasses and prints votes | 23 | | recorded
by a voter on a ballot.
| 24 | | "Direct recording electronic tabulator" means an | 25 | | electronic tabulator that provides a ballot display provided | 26 | | with mechanical or electro-optical devices that can be |
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| 1 | | activated by the voters to mark their choices for the | 2 | | candidates of their preference and for or against public | 3 | | questions and be capable of instantaneously recording such | 4 | | votes, storing such votes, producing a permanent paper record, | 5 | | and tabulating such votes at the precinct or at one or more | 6 | | counting stations. | 7 | | "Edit listing" means a computer generated listing of the
| 8 | | names of each candidate and proposition as they appear in the
| 9 | | program for each precinct.
| 10 | | "Header sheet" means a data processing document which is
| 11 | | coded to indicate to the computer the precinct identity of the
| 12 | | ballots that will follow immediately and may indicate to the
| 13 | | computer how such ballots are to be tabulated.
| 14 | | "In-precinct counting" means the counting of ballots on
| 15 | | automatic tabulating equipment provided by the election | 16 | | authority
in the same precinct polling place in which those | 17 | | ballots have
been cast.
| 18 | | "Marking device" means a pen, computer, or other device | 19 | | approved by
the State Board of Elections for marking, or | 20 | | causing to be marked, a paper
ballot with ink
or other | 21 | | substance which will enable the ballot to be tabulated
by | 22 | | automatic tabulating equipment or by an electronic
scanning | 23 | | process.
| 24 | | "Precinct Tabulation Optical Scan Technology" means the
| 25 | | capability to examine a ballot through electronic means and
| 26 | | tabulate the votes at one or more counting places.
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| 1 | | "Redundant count" means a verification of the original
| 2 | | computer count by another count using compatible equipment or | 3 | | by
hand as part of a discovery recount.
| 4 | | "Security designation" means a printed designation placed | 5 | | on
a ballot to identify to the computer program the offices and
| 6 | | propositions for which votes may be cast and to indicate the
| 7 | | manner in which votes cast should be tabulated while negating | 8 | | any
inadmissible votes.
| 9 | | "Separate ballot", with respect to ballot sheets, means a
| 10 | | separate portion of the ballot sheet which is clearly defined | 11 | | by
a border or borders or shading.
| 12 | | "Specimen ballot" means a representation of names of | 13 | | offices and candidates
and statements of measures to be voted | 14 | | on which will appear on the official
ballot or marking device | 15 | | on election day. The specimen ballot also contains the
party | 16 | | and position number where applicable.
| 17 | | "Voting defect identification" means the capability to
| 18 | | detect overvoted ballots or ballots which cannot be read by the | 19 | | automatic
tabulating equipment.
| 20 | | "Voting defects" means an overvoted ballot, or a ballot
| 21 | | which cannot be read by the automatic tabulating equipment.
| 22 | | "Voting system" or "electronic voting system" means the | 23 | | total that
combination of mechanical, electromechanical, or | 24 | | electronic equipment , and programs , and practices used to | 25 | | define ballots; cast and count votes; report or display | 26 | | election results; maintain and produce any audit trail |
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| 1 | | information; identify all system components; test the system | 2 | | during development, maintenance, and operation; maintain | 3 | | records of system errors and defects; determine specific system | 4 | | changes to be made to a system after initial qualification; and | 5 | | make available any materials to the voter, such as notices, | 6 | | instructions, forms, or paper ballots. in the casting,
| 7 | | examination and tabulation of ballots and the cumulation and
| 8 | | reporting of results by electronic means.
| 9 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 10 | | (10 ILCS 5/24B-4)
| 11 | | Sec. 24B-4.
Use of Precinct Tabulation Optical Scan | 12 | | Technology
System; Requisites; Applicable procedure. Precinct | 13 | | Tabulation
Optical Scan Technology voting systems may be used | 14 | | in elections
provided that the Precinct Tabulation Optical Scan | 15 | | Technology
systems enable the voter to cast a vote for all | 16 | | offices and on
all public questions measures on which he or she | 17 | | is entitled to vote, and that the
automatic Precinct Tabulation | 18 | | Optical Scan Technology tabulating
equipment may be set to | 19 | | return any ballot sheet on which the number of votes
for an | 20 | | office or proposition exceeds the number of votes which the | 21 | | voter is
entitled to cast, or any ballot sheet which cannot be | 22 | | read by the automatic
tabulating equipment, and provided that | 23 | | such
systems are approved for use by the State Board of | 24 | | Elections.
| 25 | | So far as applicable, the procedure provided for voting
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| 1 | | paper ballots shall apply when Precinct Tabulation Optical Scan
| 2 | | Technology electronic voting systems are used. However, the
| 3 | | provisions of this Article 24B will govern when there are
| 4 | | conflicts.
| 5 | | (Source: P.A. 89-394, eff. 1-1-97.)
| 6 | | (10 ILCS 5/24B-6) | 7 | | Sec. 24B-6. Ballot Information; Arrangement; Electronic | 8 | | Precinct
Tabulation Optical Scan Technology Voting System; | 9 | | Vote by Mail
Ballots; Spoiled Ballots. The ballot information, | 10 | | shall, as far
as practicable, be in the order of arrangement | 11 | | provided for paper
ballots, except that the information may be | 12 | | in vertical or
horizontal rows, or on a number of separate | 13 | | pages or displays on the marking
device. Ballots for
all | 14 | | questions or propositions to be voted on should be provided
in | 15 | | a similar manner and must be arranged on the ballot sheet or | 16 | | marking
device in
the places provided for such purposes. | 17 | | Ballots shall be of white
paper unless provided otherwise by | 18 | | administrative rule of the State Board of
Elections or | 19 | | otherwise specified. | 20 | | All propositions, including but not limited to | 21 | | propositions
calling for a constitutional convention, | 22 | | constitutional
amendment, judicial retention, and public | 23 | | questions measures to be voted
upon shall be placed on separate | 24 | | portions of the ballot sheet or marking
device by
utilizing | 25 | | borders or grey screens. Candidates shall be listed on
a |
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| 1 | | separate portion of the ballot sheet or marking device by | 2 | | utilizing
borders or
grey screens. Whenever a person has | 3 | | submitted a declaration of intent to be a write-in candidate as | 4 | | required in Sections 17-16.1 and 18-9.1,
a line or lines on | 5 | | which the voter
may select a
write-in candidate shall be | 6 | | printed below the name of the last candidate nominated for such | 7 | | office. Such line or lines shall be proximate to an area | 8 | | provided for marking
votes for the write-in candidate or
| 9 | | candidates. The number of write-in lines for an office shall | 10 | | equal the number
of persons who have filed declarations of | 11 | | intent to be write-in candidates plus an additional line or | 12 | | lines for write-in candidates who qualify to file declarations | 13 | | to be write-in candidates under Sections 17-16.1 and 18-9.1 | 14 | | when the certification of ballot contains the words "OBJECTION | 15 | | PENDING" next to the name of that candidate, up to the number | 16 | | of
candidates
for which a voter may vote. In the case of | 17 | | write-in lines for the offices of Governor and Lieutenant | 18 | | Governor, 2 lines shall be printed within a bracket and a | 19 | | single square shall be printed in front of the bracket. More | 20 | | than one amendment to the constitution may be
placed on the
| 21 | | same portion of the ballot sheet or marking device.
| 22 | | Constitutional convention or constitutional amendment
| 23 | | propositions shall be printed or displayed on a separate | 24 | | portion of the
ballot
sheet or marking device and designated by | 25 | | borders or grey screens, unless
otherwise
provided by | 26 | | administrative rule of the State Board of Elections.
More than |
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| 1 | | one public question measure or proposition may be placed on the
| 2 | | same portion of the ballot sheet or marking device. More than
| 3 | | one proposition for retention of judges in office may be placed
| 4 | | on the same portion of the ballot sheet or marking device.
| 5 | | Names of candidates shall be printed in black. The party
| 6 | | affiliation of each candidate or the word "independent" shall
| 7 | | appear near or under the candidate's name, and the names of
| 8 | | candidates for the same office shall be listed vertically under
| 9 | | the title of that office, on separate pages of the marking | 10 | | device, or as
otherwise approved by the State Board of | 11 | | Elections. If no candidate or candidates file for an office and | 12 | | if no person or persons file a declaration as a write-in | 13 | | candidate for that office, then below the title of that office | 14 | | the election authority instead shall print "No Candidate". In | 15 | | the case of
nonpartisan elections
for officers of political | 16 | | subdivisions, unless the statute or an
ordinance adopted | 17 | | pursuant to Article VII of the Constitution
requires otherwise, | 18 | | the listing of nonpartisan candidates
shall not include any | 19 | | party or "independent" designation.
Judicial retention
| 20 | | questions and ballot questions for all public questions | 21 | | measures and other propositions
shall be designated by borders | 22 | | or grey screens on the ballot or marking
device.
In primary
| 23 | | elections, a separate ballot, or displays on the marking | 24 | | device, shall be
used for each political
party holding a | 25 | | primary, with the ballot or marking device arranged to
include
| 26 | | names of the candidates of the party and public questions |
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| 1 | | measures and
other propositions to be voted upon on the day of | 2 | | the primary
election. | 3 | | If the ballot includes both candidates for office and | 4 | | public questions
measures or propositions to be voted on, the | 5 | | election official in
charge of the election shall divide the | 6 | | ballot or displays on the marking
device in sections for
| 7 | | "Candidates" and "Propositions", or separate ballots may be | 8 | | used. | 9 | | Vote by Mail ballots may consist of envelopes, paper | 10 | | ballots, or
ballot sheets. Where a
Precinct Tabulation Optical | 11 | | Scan Technology ballot is used for
voting by mail it must be | 12 | | accompanied by voter instructions. | 13 | | Any voter who spoils his or her ballot, makes an error, or | 14 | | has a ballot
returned by the automatic tabulating equipment may | 15 | | return
the ballot to the judges of election and get another | 16 | | ballot. | 17 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 18 | | (10 ILCS 5/24B-9)
| 19 | | Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
| 20 | | Technology Equipment and Program; Custody of Programs, Test
| 21 | | Materials and Ballots. Prior to the public test, the election
| 22 | | authority shall conduct an errorless pre-test of the automatic
| 23 | | Precinct Tabulation Optical Scan Technology tabulating | 24 | | equipment
and program and marking device to determine that they | 25 | | will correctly detect
Voting
Defects and count the votes cast |
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| 1 | | for all offices , candidates, and all public questions
measures . | 2 | | On any day not less than 5 days prior to the election
day, the | 3 | | election authority shall publicly test the automatic
Precinct | 4 | | Tabulation Optical Scan Technology tabulating equipment
and | 5 | | program to determine that they will correctly detect Voting
| 6 | | Defects and count the votes cast for all offices , candidates, | 7 | | and on all public questions
measures . Public notice of the time | 8 | | and place of the test shall
be given at least 48 hours before | 9 | | the test by publishing the notice in
one or more newspapers | 10 | | within the election jurisdiction
of the election authority, if | 11 | | a newspaper is published in that jurisdiction.
If a newspaper | 12 | | is not published in that jurisdiction, notice shall be | 13 | | published
in a newspaper of general circulation in that | 14 | | jurisdiction. Timely
written notice stating the date, time, and | 15 | | location of the public
test shall also be provided to the State | 16 | | Board of Elections. The
test shall be open to representatives | 17 | | of the political parties,
the press, representatives of the | 18 | | State Board of Elections, and
the public. The test shall be | 19 | | conducted by processing a
preaudited group of ballots marked to | 20 | | record a
predetermined number of valid votes for each candidate | 21 | | and on
each public question measure , and shall include for each | 22 | | office one or more
ballots having votes exceeding the number | 23 | | allowed by law
to test the ability of the automatic tabulating
| 24 | | equipment or marking device to reject the votes. The test shall | 25 | | also
include
producing an edit listing. In those election | 26 | | jurisdictions
where in-precinct counting equipment is used, a |
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| 1 | | public test
of both the equipment and program shall be | 2 | | conducted as nearly
as possible in the manner prescribed above. | 3 | | The State Board of
Elections may select as many election | 4 | | jurisdictions as the Board
deems advisable in the interests of | 5 | | the election process of this
State, to order a special test of | 6 | | the automatic
tabulating equipment and program before any | 7 | | regular election.
The Board may order a special test in any | 8 | | election jurisdiction
where, during the preceding 12 months, | 9 | | computer programming
errors or other errors in the use of | 10 | | electronic voting systems
resulted in vote tabulation errors. | 11 | | Not
less than 60 30 days before any election, the State Board | 12 | | of
Elections shall provide written notice to those selected
| 13 | | jurisdictions of their intent to conduct a test. Within 15 5 | 14 | | days
of receipt of the State Board of Elections' written notice | 15 | | of
intent to conduct a test, the selected jurisdictions shall
| 16 | | forward to the principal office of the State Board of Elections | 17 | | a
copy of all specimen ballots. The State Board of Elections'
| 18 | | tests shall be conducted and completed not less than 2 days | 19 | | before
the public test and under the supervision of the Board. | 20 | | The vendor, person, or other private entity shall be solely | 21 | | responsible for the production and cost of: all ballots; | 22 | | additional temporary workers; and other equipment or | 23 | | facilities needed and used in the testing of the vendor's, | 24 | | person's, or other private entity's respective equipment and | 25 | | software. After an
errorless test, materials used in the public | 26 | | test, including the
program, if appropriate, shall be sealed |
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| 1 | | and remain sealed until the
test is run again on election day. | 2 | | If any error is detected, the
cause of the error shall be | 3 | | determined and corrected, and an
errorless public test shall be | 4 | | made before the automatic
tabulating equipment is approved. | 5 | | Each election authority shall
file a sealed copy of each tested | 6 | | program to be used within its
jurisdiction at an election with | 7 | | the State Board of Elections
before the election. The Board | 8 | | shall secure the program or
programs of each election | 9 | | jurisdiction so filed in its office until the next election of | 10 | | the same type (general primary, general election, consolidated | 11 | | primary, or consolidated election) for which the program or | 12 | | programs were filed. At the expiration of that time, if no | 13 | | election
contest or appeal is pending in an election
| 14 | | jurisdiction, the Board shall destroy the sealed program or
| 15 | | programs. Except
where in-precinct counting equipment is used, | 16 | | the test shall
be repeated immediately before the start of the | 17 | | official counting
of the ballots, in the same manner as set | 18 | | forth above. After the
completion of the count, the test shall | 19 | | be re-run using the same
program. Immediately after the re-run, | 20 | | all material
used in testing the program and the programs shall | 21 | | be sealed
and retained under the custody of the election | 22 | | authority for a
period of 60 days. At the expiration of that | 23 | | time the election
authority shall destroy the voted ballots, | 24 | | together with all
unused ballots returned from the precincts. | 25 | | Provided, if any
contest of election is pending at the time in | 26 | | which the ballots
may be required as evidence and the election |
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| 1 | | authority has
notice of the contest, the same shall not be | 2 | | destroyed until after the
contest is finally determined. If the | 3 | | use of back-up equipment
becomes necessary, the same testing | 4 | | required for the original
equipment shall be conducted.
| 5 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
| 6 | | (10 ILCS 5/Art. 24C heading) | 7 | | ARTICLE 24C. DIRECT RECORDING ELECTRONIC TABULATORS AND | 8 | | ELECTRONIC BALLOT MARKING DEVICES VOTING SYSTEMS
| 9 | | (10 ILCS 5/24C-1)
| 10 | | Sec. 24C-1. Purpose. The purpose of this Article is to
| 11 | | authorize the use of direct recording electronic tabulators and | 12 | | electronic ballot marking devices Direct Recording Electronic | 13 | | Voting Systems
approved by the State Board of Elections. In a | 14 | | Direct Recording
Electronic direct recording electronic | 15 | | tabulator or electronic ballot marking device Voting System , | 16 | | voters cast votes by means of a ballot
display provided with | 17 | | mechanical or electro-optical devices that
can be activated by | 18 | | the voters to mark their choices for the
candidates of their | 19 | | preference and for or against public
questions. Direct | 20 | | recording electronic tabulators Such voting devices shall be | 21 | | capable of
instantaneously recording such votes, storing such | 22 | | votes,
producing a permanent paper record and tabulating such | 23 | | votes at
the precinct or at one or more counting stations. | 24 | | Electronic ballot marking devices shall be capable of |
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| 1 | | instantaneously marking such votes, producing a permanent | 2 | | paper record, and enabling such votes to be tabulated at the | 3 | | precinct or at one or more counting stations. This Article
| 4 | | authorizes the use of direct recording electronic tabulators | 5 | | and electronic ballot marking devices Direct Recording | 6 | | Electronic Voting Systems
for in-precinct counting | 7 | | applications and for early
voting in the office of the election | 8 | | authority and in the
offices of local officials authorized by | 9 | | the election authority
to conduct such early voting. All other | 10 | | early ballots
must be counted at the office of the election | 11 | | authority.
| 12 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 13 | | (10 ILCS 5/24C-2)
| 14 | | Sec. 24C-2. Definitions. As used in this Article:
| 15 | | "Audit trail" or "audit capacity" means a continuous trail
| 16 | | of evidence linking individual transactions related to the
| 17 | | casting of a vote, the vote count and the summary record of | 18 | | vote
totals, but which shall not allow for the identification | 19 | | of the
voter. It shall permit verification of the accuracy of | 20 | | the
count and detection and correction of problems and shall | 21 | | provide
a record of each step taken in: defining and producing | 22 | | ballots
and generating related software for specific | 23 | | elections;
installing ballots and software; testing system | 24 | | readiness;
casting and tabulating ballots; and producing | 25 | | images of votes
cast and reports of vote totals. The record |
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| 1 | | shall incorporate
system status and error messages generated | 2 | | during election
processing, including a log of machine | 3 | | activities and routine
and unusual intervention by authorized | 4 | | and unauthorized
individuals. Also part of an audit trail is | 5 | | the documentation
of such items as ballots delivered and | 6 | | collected, administrative
procedures for system security, | 7 | | pre-election testing of voting
systems, and maintenance | 8 | | performed on voting equipment. All test plans, test results, | 9 | | documentation, and other records used to plan, execute, and | 10 | | record the results of the testing and verification, including | 11 | | all material prepared or used by independent testing | 12 | | authorities or other third parties, shall be made part of the | 13 | | public record and shall be freely available via the Internet | 14 | | and paper copy to anyone. "Audit trail" or "audit capacity" | 15 | | also
means that the voting system is capable of producing and | 16 | | shall
produce immediately after a ballot is cast a permanent | 17 | | paper
record of each ballot cast that shall be available as an
| 18 | | official record for any recount, redundant count, or
| 19 | | verification or retabulation of the vote count conducted with
| 20 | | respect to any election in which the voting system is used.
| 21 | | "Ballot" means an electronic audio or video display or any
| 22 | | other medium, including paper, used to record a voter's choices
| 23 | | for the candidates of their preference and for or against | 24 | | public
questions.
| 25 | | "Ballot configuration" means the particular combination of
| 26 | | political subdivision or district ballots including, for each
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| 1 | | political subdivision or district, the particular combination | 2 | | of
offices, candidate names and public questions as it appears | 3 | | for
each group of voters who may cast the same ballot.
| 4 | | "Ballot image" means a corresponding representation in
| 5 | | electronic or paper form of the mark or vote position of a
| 6 | | ballot.
| 7 | | "Ballot label" or "ballot screen" means the display of
| 8 | | material containing the names of offices and candidates and
| 9 | | public questions to be voted on.
| 10 | | "Central counting" means the counting of ballots in one or
| 11 | | more locations selected by the election authority for the
| 12 | | processing or counting, or both, of ballots. A location for
| 13 | | central counting shall be within the territorial jurisdiction | 14 | | of
the election authority unless there is no suitable | 15 | | tabulating
equipment available within his territorial | 16 | | jurisdiction.
However, in any event a counting location shall | 17 | | be within this
State.
| 18 | | "Computer", "automatic tabulating equipment" or | 19 | | "equipment"
includes apparatus necessary to automatically | 20 | | examine and count
votes as designated on ballots, and data | 21 | | processing machines
which can be used for counting ballots and | 22 | | tabulating results.
| 23 | | "Computer operator" means any person or persons designated
| 24 | | by the election authority to operate the automatic tabulating
| 25 | | equipment during any portion of the vote tallying process in an
| 26 | | election, but shall not include judges of election operating
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| 1 | | vote tabulating equipment in the precinct.
| 2 | | "Computer program" or "program" means the set of operating
| 3 | | instructions for the automatic tabulating equipment that
| 4 | | examines, records, displays, counts, tabulates, canvasses, or | 5 | | prints votes
recorded by a voter on a ballot or that displays | 6 | | any and all information, graphics, or other visual or audio | 7 | | information or images used in presenting voting information, | 8 | | instructions, or voter choices.
| 9 | | "Direct recording electronic tabulator voting system ", | 10 | | "voting
system" or "system" means an electronic tabulator that | 11 | | provides a ballot display provided with mechanical or | 12 | | electro-optical devices that can be activated by the voters to | 13 | | mark their choices for the candidates of their preference and | 14 | | for or against public questions and be capable of | 15 | | instantaneously recording such votes, storing such votes, | 16 | | producing a permanent paper record, and tabulating such votes | 17 | | at the precinct or at one or more counting stations. the total | 18 | | combination of mechanical,
electromechanical or electronic | 19 | | equipment, programs and
practices used to define ballots, cast | 20 | | and count votes, report
or display election results, maintain | 21 | | or produce any audit trail
information, identify all system | 22 | | components, test the system
during development, maintenance | 23 | | and operation, maintain records
of system errors and defects, | 24 | | determine specific system changes
to be made to a system after | 25 | | initial qualification, and make
available any materials to the | 26 | | voter such as notices,
instructions, forms or paper ballots.
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| 1 | | "Edit listing" means a computer generated listing of the
| 2 | | names of each candidate and public question as they appear in
| 3 | | the program for each precinct.
| 4 | | "In-precinct counting" means the recording and counting of
| 5 | | ballots on automatic tabulating equipment provided by the
| 6 | | election authority in the same precinct polling place in which
| 7 | | those ballots have been cast.
| 8 | | " Electronic ballot marking device Marking device " means | 9 | | any electronic device approved by the State
Board of Elections | 10 | | for marking a ballot so as to enable the
ballot to be recorded, | 11 | | counted and tabulated by automatic
tabulating equipment.
| 12 | | "Permanent paper record" means a paper record upon which
| 13 | | shall be printed in human readable form the votes cast for each
| 14 | | candidate and for or against each public question on each | 15 | | ballot
recorded in the voting system. Each permanent paper | 16 | | record
shall be printed by the voting device upon activation of | 17 | | the
marking device by the voter and shall contain a unique, | 18 | | randomly
assigned identifying number that shall correspond to | 19 | | the number
randomly assigned by the voting system to each | 20 | | ballot as it is
electronically recorded.
| 21 | | "Redundant count" means a verification of the original
| 22 | | computer count of ballots by another count using compatible
| 23 | | equipment or other means as part of a discovery recount,
| 24 | | including a count of the permanent paper record of each ballot
| 25 | | cast by using compatible equipment, different equipment | 26 | | approved
by the State Board of Elections for that purpose, or |
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| 1 | | by hand.
| 2 | | "Separate ballot" means a separate page or display screen
| 3 | | of the ballot that is clearly defined and distinguishable from
| 4 | | other portions of the ballot.
| 5 | | "Voting device" or "voting machine" means an apparatus that
| 6 | | contains the ballot label or ballot screen and allows the voter
| 7 | | to record his or her vote.
| 8 | | "Voting system" or "system" means the total combination of | 9 | | mechanical, electro-mechanical, or electronic equipment, | 10 | | programs and practices used to define ballots, cast and count | 11 | | votes, report or display election results, maintain or produce | 12 | | any audit trail information, identify all system components, | 13 | | test the system during development, maintenance, and | 14 | | operation, maintain records of system errors and defects, | 15 | | determine specific system changes to be made to a system after | 16 | | initial qualification, and make available any materials to the | 17 | | voter, such as notices, instructions, forms, or paper ballots. | 18 | | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| 19 | | (10 ILCS 5/24C-3)
| 20 | | Sec. 24C-3.
Adoption, experimentation or abandonment of | 21 | | direct recording electronic tabulators and electronic ballot | 22 | | marking devices
Direct Recording Electronic Voting System ; | 23 | | boundaries Boundaries of
precincts; notice Notice . Except as | 24 | | otherwise provided in this
Section, any county board, board of | 25 | | county commissioners and any
board of election commissioners, |
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| 1 | | with respect to territory
within its jurisdiction, may adopt, | 2 | | experiment with, or abandon
a direct electronic tabulator or | 3 | | electronic ballot marking device Direct Recording Electronic | 4 | | Voting System approved for use by
the State Board of Elections | 5 | | and may use such System in all or
some of the precincts within | 6 | | its jurisdiction, or in combination
with paper ballots or other | 7 | | voting systems. Any county board,
board of county commissioners | 8 | | or board of election commissioners
may contract for the | 9 | | tabulation of votes at a location outside
its territorial | 10 | | jurisdiction when there is no suitable
tabulating equipment | 11 | | available within its territorial
jurisdiction. In no case may a | 12 | | county board, board of county
commissioners or board of | 13 | | election commissioners contract or
arrange for the purchase, | 14 | | lease or loan of a direct recording electronic tabulator, | 15 | | electronic ballot marking device, Direct Recording
Electronic | 16 | | Voting System or system System component without the
approval | 17 | | of the State Board of Elections as provided by Section
24C-16.
| 18 | | Before any direct recording electronic tabulator or | 19 | | electronic ballot marking device Direct Recording Electronic | 20 | | Voting System is
introduced, adopted or used in any precinct or | 21 | | territory at
least 2 months public notice must be given before | 22 | | the date of
the first election where the system System is to be | 23 | | used. The election
authority shall publish the notice at least | 24 | | once in one or more
newspapers published within the county or | 25 | | other jurisdiction,
where the election is held. If there is no | 26 | | such newspaper, the
notice shall be published in a newspaper |
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| 1 | | published in the county
and having a general circulation within | 2 | | such jurisdiction. The
notice shall be substantially as | 3 | | follows:
| 4 | | "Notice is hereby given that on ... (give date) ..., at ...
| 5 | | (give place where election is held) ... in the county of ..., | 6 | | an
election will be held for ... (give name of offices to be
| 7 | | filled) ... at which a direct recording electronic tabulator or | 8 | | electronic ballot marking device Direct Recording Electronic | 9 | | Voting System
will be used."
| 10 | | Dated at ... this ... day of ... 20....?
| 11 | | This notice referred to shall be given only at the first
| 12 | | election at which the direct recording electronic tabulator or | 13 | | electronic ballot marking device Direct Recording Electronic | 14 | | Voting System
is used.
| 15 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 16 | | (10 ILCS 5/24C-3.1)
| 17 | | Sec. 24C-3.1.
Retention or consolidation or alteration of
| 18 | | existing precincts; change Change of location. When a direct | 19 | | recording electronic tabulator or electronic ballot marking | 20 | | device Direct Recording
Electronic Voting System is used, the | 21 | | county board or board of
election commissioners may retain | 22 | | existing precincts or may
consolidate, combine, alter, | 23 | | decrease or enlarge the boundaries
of the precincts to change | 24 | | the number of registered voters of
the precincts using the | 25 | | System, establishing the number of
registered voters within |
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| 1 | | each precinct at a number not to exceed
800 as the appropriate | 2 | | county board or board of election
commissioners determines will | 3 | | afford adequate voting facilities
and efficient and economical | 4 | | elections.
| 5 | | Except in the event of a fire, flood or total loss of heat
| 6 | | in a place fixed or established pursuant to law by any county
| 7 | | board or board of election commissioners as a polling place for
| 8 | | an election, no election authority shall change the location of
| 9 | | a polling place established for any precinct after notice of | 10 | | the
place of holding the election for that precinct has been | 11 | | given
as required under Article 12 unless the election | 12 | | authority
notifies all registered voters in the precinct of the | 13 | | change in
location by first class mail in sufficient time for | 14 | | the notice
to be received by the registered voters in the | 15 | | precinct at least
one day prior to the date of the election.
| 16 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 17 | | (10 ILCS 5/24C-4)
| 18 | | Sec. 24C-4.
Use of direct recording electronic tabulators | 19 | | and electronic ballot marking devices Direct Recording | 20 | | Electronic Voting
System ; requisites Requisites ; applicable | 21 | | procedure Applicable procedure . Direct recording electronic | 22 | | tabulators and electronic ballot marking devices Recording
| 23 | | Electronic Voting Systems may be used in elections provided | 24 | | that
such systems Systems are approved for use by the State | 25 | | Board of
Elections. So far as applicable, the procedure |
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| 1 | | provided for
voting paper ballots shall apply when direct | 2 | | recording electronic tabulators or electronic ballot marking | 3 | | devices Direct Recording
Electronic Voting Systems are used. | 4 | | However, the provisions of
this Article 24C will govern when | 5 | | there are conflicts.
| 6 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 7 | | (10 ILCS 5/24C-5)
| 8 | | Sec. 24C-5. Voting stations Stations . In precincts where a | 9 | | direct recording electronic tabulator or electronic ballot | 10 | | marking device Direct
Recording Electronic Voting System is | 11 | | used, a sufficient number
of voting stations shall be provided | 12 | | for the use of the system System
according to the requirements | 13 | | determined by the State Board of
Elections. Each station shall | 14 | | be placed in a manner so that no
judge of election or | 15 | | pollwatcher is able to observe a voter
casting a ballot.
| 16 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 17 | | (10 ILCS 5/24C-5.1)
| 18 | | Sec. 24C-5.1.
Instruction of voters Voters ; instruction | 19 | | model Instruction Model ; partiality
Partiality to political | 20 | | party Political Party ; manner Manner of instruction | 21 | | Instruction . Before
entering the voting booth each voter shall | 22 | | be offered
instruction in using the direct recording electronic | 23 | | tabulator or electronic ballot marking device Direct Recording | 24 | | Electronic Voting
System . In instructing voters, no precinct |
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| 1 | | official may show
partiality to any political party or | 2 | | candidate. The duties of
instruction shall be discharged by a | 3 | | judge from each of the
political parties represented and they | 4 | | shall alternate serving
as instructor so that each judge shall | 5 | | serve a like time at such
duties. No instructions may be given | 6 | | inside a voting booth
after the voter has entered the voting | 7 | | booth.
| 8 | | No precinct official or person assisting a voter may in any
| 9 | | manner request, suggest, or seek to persuade or induce any | 10 | | voter
to cast his or her vote for any particular ticket, | 11 | | candidate,
amendment, question or proposition. All | 12 | | instructions shall be
given by precinct officials in a manner | 13 | | that it may be observed
by other persons in the polling place.
| 14 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 15 | | (10 ILCS 5/24C-5.2)
| 16 | | Sec. 24C-5.2.
Demonstration of direct recording electronic | 17 | | tabulators and electronic ballot marking devices Direct | 18 | | Recording Electronic
Voting System ; placement Placement in | 19 | | public library Public Library . When a direct recording | 20 | | electronic tabulator or electronic ballot marking device | 21 | | Direct
Recording Electronic Voting System is used in a | 22 | | forthcoming
election, the election authority may provide, for | 23 | | the purpose of
instructing voters in the election, one | 24 | | demonstrator direct recording electronic tabulator or | 25 | | electronic ballot marking device Direct
Recording Electronic |
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| 1 | | Voting System unit for placement in any
public library or in | 2 | | any other public or private building within
the political | 3 | | subdivision where the election occurs. If the
placement of a | 4 | | demonstrator takes place it shall be made
available at least 30 | 5 | | days before the election.
| 6 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 7 | | (10 ILCS 5/24C-6)
| 8 | | Sec. 24C-6. Ballot information Information ; arrangement | 9 | | Arrangement ; direct recording electronic tabulators Direct
| 10 | | Recording Electronic Voting System ; electronic ballot marking | 11 | | devices; vote Vote by mail ballots Mail Ballots ; spoiled | 12 | | ballots Spoiled
Ballots . The ballot information, shall, as far | 13 | | as practicable,
be in the order of arrangement provided for | 14 | | paper ballots,
except that the information may be in vertical | 15 | | or horizontal
rows, or on a number of separate pages or display | 16 | | screens.
| 17 | | Ballots for all public questions to be voted on should be
| 18 | | provided in a similar manner and must be arranged on the ballot
| 19 | | in the places provided for such purposes. All public questions,
| 20 | | including but not limited to public questions calling for a
| 21 | | constitutional convention, constitutional amendment, or | 22 | | judicial
retention, shall be placed on the ballot separate and | 23 | | apart from
candidates. Ballots for all public questions shall | 24 | | be clearly
designated by borders or different color screens. | 25 | | More than one
amendment to the constitution may be placed on |
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| 1 | | the same portion
of the ballot sheet. Constitutional convention | 2 | | or
constitutional amendment propositions shall be placed on a
| 3 | | separate portion of the ballot and designated by borders or
| 4 | | unique color screens, unless otherwise provided by
| 5 | | administrative rule of the State Board of Elections. More than
| 6 | | one public question may be placed on the same portion of the
| 7 | | ballot. More than one proposition for retention of judges in
| 8 | | office may be placed on the same portion of the ballot.
| 9 | | The party affiliation, if any, of each candidate or the
| 10 | | word "independent", where applicable, shall appear near or | 11 | | under
the candidate's name, and the names of candidates for the | 12 | | same
office shall be listed vertically under the title of that
| 13 | | office. In the case of nonpartisan elections for officers of
| 14 | | political subdivisions, unless the statute or an ordinance
| 15 | | adopted pursuant to Article VII of the Constitution requires
| 16 | | otherwise, the listing of nonpartisan candidates shall not
| 17 | | include any party or "independent" designation. If no candidate | 18 | | or candidates file for an office and if no person or persons | 19 | | file a declaration as a write-in candidate for that office, | 20 | | then below the title of that office the election authority | 21 | | shall print "No Candidate". In primary
elections, a separate | 22 | | ballot shall be used for each political
party holding a | 23 | | primary, with the ballot arranged to include
names of the | 24 | | candidates of the party and public questions and
other | 25 | | propositions to be voted upon on the day of the primary
| 26 | | election.
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| 1 | | If the ballot includes both candidates for office and
| 2 | | public questions or propositions to be voted on, the election
| 3 | | official in charge of the election shall divide the ballot in
| 4 | | sections for "Candidates" and "Public Questions", or separate
| 5 | | ballots may be used.
| 6 | | Any voter who spoils his or her ballot, makes an error, or
| 7 | | has a ballot rejected by the automatic tabulating equipment
| 8 | | shall be provided a means of correcting the ballot or obtaining
| 9 | | a new ballot prior to casting his or her ballot.
| 10 | | Any election authority using a direct recording electronic | 11 | | tabulator or electronic ballot marking device Direct Recording | 12 | | Electronic
Voting System may use voting systems approved for | 13 | | use under
Articles 24A or 24B of this Code in conducting vote | 14 | | by mail or early voting.
| 15 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 16 | | (10 ILCS 5/24C-6.1)
| 17 | | Sec. 24C-6.1. Security designation Designation . In all | 18 | | elections
conducted under this Article, ballots shall have a | 19 | | security
designation. In precincts where more than one ballot
| 20 | | configuration may be voted upon, ballots shall have a different
| 21 | | security designation for each ballot configuration. If a
| 22 | | precinct has only one possible ballot configuration, the | 23 | | ballots
must have a security designation to identify the | 24 | | precinct and
the election. Where ballots from more than one | 25 | | precinct are
being tabulated, the ballots from each precinct |
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| 1 | | must be clearly
identified; official results shall not be | 2 | | generated unless the
precinct identification for any precinct | 3 | | corresponds. When the
tabulating equipment being used requires | 4 | | entering the program
immediately before tabulating the ballots | 5 | | for each precinct, the
precinct program may be used.
The direct | 6 | | recording electronic tabulator or electronic ballot marking | 7 | | device Direct Recording Electronic Voting System shall be | 8 | | designed
to ensure that the proper ballot is selected for each | 9 | | polling
place and for each ballot configuration and that the | 10 | | format can
be matched to the software or firmware required to | 11 | | interpret it
correctly. The system shall provide a means of | 12 | | programming each
piece of equipment to reflect the ballot | 13 | | requirements of the
election and shall include a means for | 14 | | validating the
correctness of the program and of the program's | 15 | | installation in
the equipment or in a programmable memory | 16 | | device.
| 17 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 18 | | (10 ILCS 5/24C-7)
| 19 | | Sec. 24C-7. Write-in ballots Write-In Ballots . A direct | 20 | | recording electronic tabulator or electronic ballot marking | 21 | | device Direct Recording
Electronic Voting System shall provide | 22 | | an acceptable method for
a voter to vote for a person whose | 23 | | name does not appear on the
ballot using the same apparatus | 24 | | used to record votes for
candidates whose names do appear on | 25 | | the ballot. Election
authorities utilizing direct recording |
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| 1 | | electronic tabulators or electronic ballot marking devices | 2 | | Direct Recording Electronic Voting Systems
shall not use | 3 | | separate write-in ballots.
| 4 | | Whenever a person has submitted a declaration of intent to | 5 | | be a write-in candidate as required in Sections 17-16.1 and | 6 | | 18-9.1, a space or spaces in which the name of a candidate or
| 7 | | candidates may be written in or recorded by the voter shall | 8 | | appear below the name of the last candidate nominated for such | 9 | | office. The
number of write-in lines for an office shall equal | 10 | | the number of
persons who have filed declarations of intent to | 11 | | be write-in candidates plus an additional line or lines for | 12 | | write-in candidates who qualify to file declarations to be | 13 | | write-in candidates under Section 17-16.1 or 18-9.1 when the | 14 | | certification of ballot contains the words "OBJECTION PENDING" | 15 | | next to the name of the candidate, up to the number of | 16 | | candidates for which a voter may vote.
| 17 | | (Source: P.A. 95-862, eff. 8-19-08.)
| 18 | | (10 ILCS 5/24C-8)
| 19 | | Sec. 24C-8.
Preparation for use Use ; comparison of ballots | 20 | | Comparison of Ballots ; operational checks
Operational Checks | 21 | | of direct recording electronic tabulators and electronic | 22 | | ballot marking devices Direct Recording Electronic Voting | 23 | | Systems
Equipment ; pollwatchers Pollwatchers . The county clerk | 24 | | or board of election
commissioners shall cause the approved | 25 | | direct recording tabulator Direct Recording
Electronic Voting |
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| 1 | | System equipment or electronic ballot marking devices to be | 2 | | delivered to the
polling places. Before the opening of the | 3 | | polls, all direct recording electronic tabulators or | 4 | | electronic ballot marking device utilized as a tabulator Direct
| 5 | | Recording Voting System devices shall provide a printed record
| 6 | | of the following, upon verification of the authenticity of the
| 7 | | commands by a judge of election: the election's identification
| 8 | | data, the equipment's unit identification, the ballot's format
| 9 | | identification, the contents of each active candidate register
| 10 | | by office and of each active public question register showing
| 11 | | that they contain all zeros, all ballot fields that can be used
| 12 | | to invoke special voting options, and other information needed
| 13 | | to ensure the readiness of the equipment, and to accommodate
| 14 | | administrative reporting requirements.
| 15 | | The direct recording electronic tabulator or electronic | 16 | | ballot marking device utilized as a tabulator Direct Recording | 17 | | Electronic Voting System shall provide
a means of opening the | 18 | | polling place and readying the equipment
for the casting of | 19 | | ballots. Such means shall incorporate a
security seal, a | 20 | | password, or a data code recognition capability
to prevent | 21 | | inadvertent or unauthorized actuation of the poll-opening | 22 | | function.
If more than one step is required, it shall
enforce | 23 | | their execution in the proper sequence.
| 24 | | Pollwatchers as provided by law shall be permitted to
| 25 | | closely observe the judges in these procedures and to
| 26 | | periodically inspect the direct recording electronic tabulator |
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| 1 | | or electronic ballot marking device Direct Recording | 2 | | Electronic Voting
System equipment when not in use by the | 3 | | voters.
| 4 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 5 | | (10 ILCS 5/24C-9)
| 6 | | Sec. 24C-9. Testing of direct recording electronic | 7 | | tabulators and electronic ballot marking device equipment and | 8 | | programs Direct Recording Electronic Voting
System Equipment | 9 | | and Programs ; custody of programs Custody of Programs , test | 10 | | materials and ballots Test
Materials and Ballots . Prior to the | 11 | | public test, the election
authority shall conduct an errorless | 12 | | pre-test of the direct recording electronic tabulator or | 13 | | electronic ballot marking device Direct
Recording Electronic | 14 | | Voting System equipment and programs to
determine that they | 15 | | will correctly detect voting defects and
count the votes cast | 16 | | for all offices , candidates and all public questions.
On any | 17 | | day not less than 5 days prior to the election day, the
| 18 | | election authority shall publicly test the direct recording | 19 | | electronic tabulator or electronic ballot marking device | 20 | | Direct Recording
Electronic Voting System equipment and | 21 | | programs to determine
that it they will correctly detect voting | 22 | | errors and accurately
count the votes legally cast for all | 23 | | offices and candidates and on all public
questions. Public | 24 | | notice of the time and place of the test
shall be given at | 25 | | least 48 hours before the test by publishing
the notice in one |
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| 1 | | or more newspapers within the election
jurisdiction of the | 2 | | election authority, if a newspaper is
published in that | 3 | | jurisdiction. If a newspaper is not published
in that | 4 | | jurisdiction, notice shall be published in a newspaper
of | 5 | | general circulation in that jurisdiction. Timely written
| 6 | | notice stating the date, time, and location of the public test
| 7 | | shall also be provided to the State Board of Elections. The
| 8 | | test shall be open to representatives of the political parties,
| 9 | | the press, representatives of the State Board of Elections, and
| 10 | | the public. The test shall be conducted by entering a | 11 | | pre-audited group of votes designed to record a predetermined | 12 | | number
of valid votes for each candidate and on each public | 13 | | question ,
and shall include for each office one or more ballots | 14 | | having
votes exceeding the number allowed by law to test the | 15 | | ability of
the automatic tabulating equipment to reject the | 16 | | votes . The
test shall also include producing an edit listing. | 17 | | In those
election jurisdictions where in-precinct counting | 18 | | equipment is
used, a public test of both the equipment and | 19 | | program shall be
conducted as nearly as possible in the manner | 20 | | prescribed above.
The State Board of Elections may select as | 21 | | many election
jurisdictions as the Board deems advisable in the | 22 | | interests of
the election process of this State, to order a | 23 | | special test of
the automatic tabulating equipment and program | 24 | | before any
regular election. The Board may order a special test | 25 | | in any
election jurisdiction where, during the preceding 12 | 26 | | months,
computer programming errors or other errors in the use |
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| 1 | | of System
resulted in vote tabulation errors. Not less than 60 | 2 | | 30 days
before any election, the State Board of Elections shall | 3 | | provide
written notice to those selected jurisdictions of their | 4 | | intent
to conduct a test. Within 15 5 days of receipt of the | 5 | | State Board
of Elections' written notice of intent to conduct a | 6 | | test, the
selected jurisdictions shall forward to the principal | 7 | | office of
the State Board of Elections a copy of all specimen | 8 | | ballots.
The State Board of Elections' tests shall be conducted | 9 | | and
completed not less than 2 days before the public test and | 10 | | under the
supervision of the Board. The vendor, person, or | 11 | | other private entity shall be solely responsible for the | 12 | | production and cost of: all ballots; additional temporary | 13 | | workers; and other equipment or facilities needed and used in | 14 | | the testing of the vendor's, person's, or other private | 15 | | entity's respective equipment and software. After an errorless | 16 | | test,
materials used in the public test, including the program, | 17 | | if
appropriate, shall be sealed and remain sealed until the | 18 | | test is
run again on election day. If any error is detected, | 19 | | the cause
of the error shall be determined and corrected, and | 20 | | an errorless
public test shall be made before the automatic | 21 | | tabulating
equipment is approved. Each election authority | 22 | | shall file a
sealed copy of each tested program to be used | 23 | | within its
jurisdiction at an election with the State Board of | 24 | | Elections
before the election. The Board shall secure the | 25 | | program or
programs of each election jurisdiction so filed in | 26 | | its office
until the next election of the same type (general |
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| 1 | | primary, general election, consolidated primary, or | 2 | | consolidated election) for which the program or programs were | 3 | | filed. At the expiration of that time, if no
election contest | 4 | | or appeal is pending in an election
jurisdiction, the Board | 5 | | shall destroy the sealed program or
programs. Except
where | 6 | | in-precinct counting equipment is used, the test shall be
| 7 | | repeated immediately before the start of the official counting
| 8 | | of the ballots, in the same manner as set forth above. After
| 9 | | the completion of the count, the test shall be re-run using the
| 10 | | same program. Immediately after the re-run, all material used
| 11 | | in testing the program and the programs shall be sealed and
| 12 | | retained under the custody of the election authority for a
| 13 | | period of 60 days. At the expiration of that time the election
| 14 | | authority shall destroy the voted ballots, together with all
| 15 | | unused ballots returned from the precincts. Provided, if any
| 16 | | contest of election is pending at the time in which the ballots
| 17 | | may be required as evidence and the election authority has
| 18 | | notice of the contest, the same shall not be destroyed until
| 19 | | after the contest is finally determined. If the use of back-up
| 20 | | equipment becomes necessary, the same testing required for the
| 21 | | original equipment shall be conducted.
| 22 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
| 23 | | (10 ILCS 5/24C-10)
| 24 | | Sec. 24C-10.
Recording of votes by direct recording | 25 | | electronic tabulators and electronic ballot marking devices |
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| 1 | | Direct Recording
Electronic Voting Systems .
| 2 | | Whenever a direct recording electronic tabulator Direct | 3 | | Recording Electronic Voting System is
used to automatically | 4 | | record and count the votes on ballots or , in the case of an | 5 | | electronic ballot marking device, mark the votes on a ballot, | 6 | | the
provisions of this Section shall apply. A voter shall cast | 7 | | a
proper vote on a ballot by marking the designated area for | 8 | | the
casting of a vote for any party or candidate or for or | 9 | | against
any public question. For this purpose, a mark is an | 10 | | intentional
selection of the designated area on the ballot by | 11 | | appropriate
means and which is not otherwise an identifying | 12 | | mark.
| 13 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 14 | | (10 ILCS 5/24C-11)
| 15 | | Sec. 24C-11. Functional requirements. A direct recording | 16 | | electronic tabulator or electronic ballot marking device | 17 | | Direct Recording Electronic Voting System shall, in
addition to | 18 | | satisfying the other requirements of this Article,
fulfill the | 19 | | following functional requirements:
| 20 | | (a) Provide a voter in a primary election with the means
of | 21 | | casting a ballot containing votes for any and all candidates
of | 22 | | the party or parties of his or her choice, and for any and
all | 23 | | non-partisan candidates and public questions and preclude
the | 24 | | voter from voting for any candidate of any other political
| 25 | | party except when legally permitted. In a general election, the
|
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| 1 | | system shall provide the voter with means of selecting the
| 2 | | appropriate number of candidates for any office, and of voting
| 3 | | on any public question on the ballot to which he or she is
| 4 | | entitled to vote.
| 5 | | (b) If a voter is not entitled to vote for particular
| 6 | | candidates or public questions appearing on the ballot, the
| 7 | | system shall prevent the selection of the prohibited votes.
| 8 | | (c) Once the proper ballot has been selected, the
system | 9 | | devices shall provide a means of enabling the recording
of | 10 | | votes and the casting of said ballot or, in the case of an | 11 | | electronic ballot marking device, enable the recording of votes | 12 | | in order to be cast on an electronic tabulating device .
| 13 | | (d) System voting devices shall provide voting choices
that | 14 | | are clear to the voter and labels indicating the names of
every | 15 | | candidate and the text of every public question on the
voter's | 16 | | ballot. Each label shall identify the selection button
or | 17 | | switch, or the active area of the ballot associated with it.
| 18 | | The system shall be able to incorporate minimal, easy-to-follow
| 19 | | on-screen instruction for the voter on how to cast a ballot.
| 20 | | (e) Voting devices shall (i) enable the voter to vote for
| 21 | | any and all candidates and public questions appearing on the
| 22 | | ballot for which the voter is lawfully entitled to vote, in any
| 23 | | legal number and combination; (ii) detect and reject all votes
| 24 | | for an office or upon a public question when the voter has cast
| 25 | | more votes for the office or upon the public question than the
| 26 | | voter is entitled to cast; (iii) notify the voter if the |
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| 1 | | voter's
choices as recorded on the ballot for an office or | 2 | | public
question are fewer than or exceed the number that the | 3 | | voter is
entitled to vote for on that office or public question | 4 | | and the
effect of casting more or fewer votes than legally | 5 | | permitted; (iv) notify
the voter if the voter has failed to | 6 | | completely cast a vote for
an office or public question | 7 | | appearing on the ballot; and (v)
permit the voter, in a private | 8 | | and independent manner, to verify
the votes selected by the | 9 | | voter, to change the ballot or to
correct any error on the | 10 | | ballot before the ballot is completely cast and
counted. A | 11 | | means shall be provided to indicate each selection
after it has | 12 | | been made or canceled.
| 13 | | (f) System voting devices shall provide a means for the
| 14 | | voter to signify that the selection of candidates and public
| 15 | | questions has been completed. Upon activation, a direct | 16 | | recording electronic tabulator the system shall
record an image | 17 | | of the completed ballot, increment the proper
ballot position | 18 | | registers, and shall signify to the voter that
the ballot has | 19 | | been cast or, in the case of an electronic ballot marking | 20 | | device, the system shall record all votes and signify to the | 21 | | voter that the ballot has been marked . The system shall then | 22 | | prevent any
further attempt to vote until it has been reset or | 23 | | re-enabled by
a judge of election.
| 24 | | (g) Each direct recording electronic tabulator or | 25 | | electronic ballot marking device utilized as a tabulator system | 26 | | voting device shall be equipped with a
public counter that can |
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| 1 | | be set to zero prior to the opening of
the polling place, and | 2 | | that records the number of ballots cast
at a particular | 3 | | election. The counter shall be incremented only
by the casting | 4 | | of a ballot. The counter shall be designed to
prevent disabling | 5 | | or resetting by other than authorized persons
after the polls | 6 | | close. The counter shall be visible to all
judges of election | 7 | | so long as the device is installed at the
polling place.
| 8 | | (h) Each system voting device shall be equipped with a
| 9 | | protective counter that records all of the testing and election
| 10 | | ballots cast since the unit was built. This counter shall be
| 11 | | designed so that its reading cannot be changed by any cause
| 12 | | other than the casting of a ballot. The protective counter
| 13 | | shall be incapable of ever being reset and it shall be visible
| 14 | | at all times when the device is configured for testing,
| 15 | | maintenance, or election use.
| 16 | | (i) All system devices shall provide a means of preventing
| 17 | | further voting once the polling place has closed and after all
| 18 | | eligible voters have voted. Such means of control shall
| 19 | | incorporate a visible indication of system status. Each device
| 20 | | shall prevent any unauthorized use, prevent tampering with
| 21 | | ballot labels and preclude its re-opening once the poll closing
| 22 | | has been completed for that election.
| 23 | | (j) Each direct recording electronic tabulator or | 24 | | electronic ballot marking device utilized as a tabulator The | 25 | | system shall produce a printed summary report of
the votes cast | 26 | | upon each voting device. Until the proper
sequence of events |
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| 1 | | associated with closing the polling place has
been completed, | 2 | | the system shall not allow the printing of a
report or the | 3 | | extraction of data. The printed report shall also
contain all | 4 | | system audit information to be required by the
election | 5 | | authority. Data shall not be altered or otherwise
destroyed by | 6 | | report generation and the system shall ensure the
integrity and | 7 | | security of data for a period of at least 6 months
after the | 8 | | polls close.
| 9 | | (k) If more than one voting device is used in a polling
| 10 | | place, the system shall provide a means to manually or
| 11 | | electronically consolidate the data from all such units into a
| 12 | | single report even if different voting systems are used to
| 13 | | record ballots. The system shall also be capable of
merging the | 14 | | vote tabulation results produced by other vote
tabulation | 15 | | systems, if necessary.
| 16 | | (l) System functions shall be implemented such that
| 17 | | unauthorized access to them is prevented and the execution of
| 18 | | authorized functions in an improper sequence is precluded.
| 19 | | System functions shall be executable only in the intended | 20 | | manner
and order, and only under the intended conditions. If | 21 | | the
preconditions to a system function have not been met, the
| 22 | | function shall be precluded from executing by the system's
| 23 | | control logic.
| 24 | | (m) All system voting devices shall incorporate at least 3
| 25 | | memories in the machine itself and in its programmable memory
| 26 | | devices.
|
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| 1 | | (n) The system shall include capabilities of recording and
| 2 | | reporting the date and time of normal and abnormal events and | 3 | | of
maintaining a permanent record of audit information that | 4 | | cannot
be turned off. Provisions shall be made to detect and | 5 | | record
significant events (e.g., casting a ballot, error | 6 | | conditions
that cannot be disposed of by the system itself, | 7 | | time-dependent
or programmed events that occur without the | 8 | | intervention of the
voter or a judge of election).
| 9 | | (o) The system and each system voting device must be
| 10 | | capable of creating, printing and maintaining a permanent paper
| 11 | | record and an electronic image of each ballot that is cast such
| 12 | | that records of individual ballots are maintained by a | 13 | | subsystem
independent and distinct from the main vote | 14 | | detection,
interpretation, processing and reporting path. The | 15 | | electronic
images of each ballot must protect the integrity of | 16 | | the data and
the anonymity of each voter, for example, by means | 17 | | of storage
location scrambling. The ballot image records may be | 18 | | either
machine-readable or manually transcribed, or both, at | 19 | | the
discretion of the election authority.
| 20 | | (p) The system shall include built-in test, measurement
and | 21 | | diagnostic software and hardware for detecting and reporting
| 22 | | the system's status and degree of operability.
| 23 | | (q) The system shall contain provisions for maintaining
the | 24 | | integrity of memory voting and audit data during an election
| 25 | | and for a period of at least 6 months thereafter and shall
| 26 | | provide the means for creating an audit trail.
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| 1 | | (r) The system shall be fully accessible so as to permit | 2 | | blind or
visually impaired voters as well as voters with | 3 | | physical disabilities
to exercise their right to vote in | 4 | | private and without
assistance.
| 5 | | (s) The system shall provide alternative language
| 6 | | accessibility if required pursuant to Section 203 of the Voting
| 7 | | Rights Act of 1965.
| 8 | | (t) Each voting device shall enable a voter to vote for a
| 9 | | person whose name does not appear on the ballot.
| 10 | | (u) Each direct recording electronic tabulator The system | 11 | | shall record and count accurately and, in the case of an | 12 | | electronic ballot marking devices, accurately mark each vote
| 13 | | properly cast for or against any candidate and for or against
| 14 | | any public question, including the names of all candidates | 15 | | whose
names are written in by the voters.
| 16 | | (v) The system shall allow for accepting provisional
| 17 | | ballots and for separating such provisional ballots from
| 18 | | precinct totals until authorized by the election authority.
| 19 | | (w) The system shall provide an effective audit trail as
| 20 | | defined in Section 24C-2 in this Code.
| 21 | | (x) The system shall be suitably designed for the purpose
| 22 | | used, be durably constructed, and be designed for safety,
| 23 | | accuracy and efficiency.
| 24 | | (y) The system shall comply with all provisions of
federal, | 25 | | State and local election laws and regulations and any
future | 26 | | modifications to those laws and regulations.
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| 1 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
| 2 | | (10 ILCS 5/24C-12)
| 3 | | Sec. 24C-12. Procedures for counting and tallying of
| 4 | | ballots. In an election jurisdiction where a direct recording | 5 | | electronic tabulator or electronic ballot marking device | 6 | | Direct Recording
Electronic Voting System is used, the | 7 | | following procedures for
counting and tallying the ballots | 8 | | shall apply:
| 9 | | Before the opening of the polls, the judges of elections
| 10 | | shall assemble the voting equipment and devices and turn the
| 11 | | equipment on. The judges shall, if necessary, take steps to
| 12 | | activate the voting devices and counting equipment by inserting
| 13 | | into the equipment and voting devices appropriate data cards
| 14 | | containing passwords and data codes that will select the proper
| 15 | | ballot formats selected for that polling place and that will
| 16 | | prevent inadvertent or unauthorized activation of the | 17 | | poll-opening function.
Before voting begins and before ballots | 18 | | are
entered into the voting devices, the judges of election | 19 | | shall
cause to be printed a record of the following: the | 20 | | election's
identification data, the device's unit | 21 | | identification, the
ballot's format identification, the | 22 | | contents of each active
candidate register by office and of | 23 | | each active public question
register showing that they contain | 24 | | all zero votes, all ballot
fields that can be used to invoke | 25 | | special voting options, and
other information needed to ensure |
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| 1 | | the readiness of the
equipment and to accommodate | 2 | | administrative reporting
requirements. The judges must also | 3 | | check to be sure that the
totals are all zeros in the counting | 4 | | columns and in the public
counter affixed to the voting | 5 | | devices.
| 6 | | After the judges have determined that a person is qualified
| 7 | | to vote, a voting device with the proper ballot to which the
| 8 | | voter is entitled shall be enabled to be used by the voter. The
| 9 | | ballot may then be cast by the voter by marking by appropriate
| 10 | | means the designated area of the ballot for the casting or, in | 11 | | the case of an electronic ballot marking device, marking of a
| 12 | | vote for any candidate or for or against any public question.
| 13 | | The voter shall be able to vote for any and all candidates and
| 14 | | public questions measures appearing on the ballot in any legal | 15 | | number and
combination and the voter shall be able to delete, | 16 | | change or
correct his or her selections before the ballot is | 17 | | cast. The
voter shall be able to select candidates whose names | 18 | | do not
appear upon the ballot for any office by entering | 19 | | electronically
as many names of candidates as the voter is | 20 | | entitled to select
for each office.
| 21 | | Upon completing his or her selection of candidates or
| 22 | | public questions, the voter shall signify that voting has been
| 23 | | completed by activating the appropriate button, switch or | 24 | | active
area of the ballot screen associated with end of voting. | 25 | | Upon
activation, the voting system shall record an image of the
| 26 | | completed ballot, increment the proper ballot position
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| 1 | | registers, and shall signify to the voter that the ballot has
| 2 | | been cast or, in the case of an electronic ballot marking | 3 | | device, has been marked in order to be cast on an electronic | 4 | | tabulating device . Upon activation, the voting system shall | 5 | | also print
a permanent paper record of each ballot cast as | 6 | | defined in
Section 24C-2 of this Code. This permanent paper | 7 | | record shall
(i) be printed in a clear, readily readable format | 8 | | that can be easily reviewed by the voter for completeness and | 9 | | accuracy and (ii) either be self-contained within the voting | 10 | | device or be
deposited by the voter into a secure ballot box. | 11 | | No permanent
paper record shall be removed from the polling | 12 | | place except by
election officials as authorized by this | 13 | | Article. All permanent
paper records shall be preserved and | 14 | | secured by election
officials in the same manner as paper | 15 | | ballots and shall be
available as an official record for any | 16 | | recount, redundant
count, or verification or retabulation of | 17 | | the vote count
conducted with respect to any election in which | 18 | | the voting
system is used. The voter shall exit the voting | 19 | | station and
the voting system shall prevent any further attempt | 20 | | to vote
until it has been properly re-activated. If a voting | 21 | | device has
been enabled for voting but the voter leaves the | 22 | | polling place
without casting a ballot, 2 judges of election, | 23 | | one from each of
the 2 major political parties, shall spoil the | 24 | | ballot.
| 25 | | Throughout the election day and before the closing of the
| 26 | | polls, no person may check any vote totals for any candidate or
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| 1 | | public question on the voting or counting equipment. Such
| 2 | | equipment shall be programmed so that no person may reset the
| 3 | | equipment for reentry of ballots unless provided the proper | 4 | | code
from an authorized representative of the election | 5 | | authority.
| 6 | | The precinct judges of election shall check the public
| 7 | | register to determine whether the number of ballots counted by
| 8 | | the voting equipment agrees with the number of voters voting as
| 9 | | shown by the applications for ballot. If the same do not agree,
| 10 | | the judges of election shall immediately contact the offices of
| 11 | | the election authority in charge of the election for further
| 12 | | instructions. If the number of ballots counted by the voting
| 13 | | equipment agrees with the number of voters voting as shown by
| 14 | | the application for ballot, the number shall be listed on the
| 15 | | "Statement of Ballots" form provided by the election authority.
| 16 | | The totals for all candidates and propositions shall be | 17 | | tabulated. One copy of an "In-Precinct Totals Report" shall be | 18 | | generated by the automatic tabulating equipment for return to | 19 | | the election authority. One copy of an "In-Precinct Totals | 20 | | Report" shall be generated and posted in a conspicuous place | 21 | | inside the polling place, provided that any authorized | 22 | | pollwatcher or other official authorized to be present in the | 23 | | polling place to observe the counting of ballots is present. | 24 | | The judges of election shall provide, if requested, a set for | 25 | | each authorized pollwatcher or other official authorized to be | 26 | | present in the polling place to observe the counting of |
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| 1 | | ballots.
In addition, sufficient time
shall be provided by the | 2 | | judges of election to the pollwatchers
to allow them to copy | 3 | | information from the copy which has been
posted.
| 4 | | Until December 31, 2019, in elections at which fractional | 5 | | cumulative votes are cast for candidates, the tabulation of | 6 | | those fractional cumulative votes may be made by the election | 7 | | authority at its central office location, and 4 copies of a | 8 | | "Certificate of Results" shall be printed by the automatic | 9 | | tabulation equipment and shall be posted in 4 conspicuous | 10 | | places at the central office location where those fractional | 11 | | cumulative votes have been tabulated.
| 12 | | If instructed by the election authority, the judges of
| 13 | | election shall cause the tabulated returns to be transmitted
| 14 | | electronically to the offices of the election authority via
| 15 | | modem or other electronic medium.
| 16 | | The precinct judges of election shall select a bi-partisan
| 17 | | team of 2 judges, who shall immediately return the ballots in a
| 18 | | sealed container, along with all other election materials and
| 19 | | equipment as instructed by the election authority; provided,
| 20 | | however, that such container must first be sealed by the
| 21 | | election judges with filament tape or other approved sealing
| 22 | | devices provided for the purpose in a manner that the ballots
| 23 | | cannot be removed from the container without breaking the seal
| 24 | | or filament tape and disturbing any signatures affixed by the
| 25 | | election judges to the container. The election authority shall
| 26 | | keep the office of the election authority, or any receiving
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| 1 | | stations designated by the authority, open for at least 12
| 2 | | consecutive hours after the polls close or until the ballots | 3 | | and
election material and equipment from all precincts within | 4 | | the
jurisdiction of the election authority have been returned | 5 | | to the
election authority. Ballots and election materials and
| 6 | | equipment returned to the office of the election authority | 7 | | which
are not signed and sealed as required by law shall not be
| 8 | | accepted by the election authority until the judges returning
| 9 | | the ballots make and sign the necessary corrections. Upon
| 10 | | acceptance of the ballots and election materials and equipment
| 11 | | by the election authority, the judges returning the ballots
| 12 | | shall take a receipt signed by the election authority and
| 13 | | stamped with the time and date of the return. The election
| 14 | | judges whose duty it is to return any ballots and election
| 15 | | materials and equipment as provided shall, in the event the
| 16 | | ballots, materials or equipment cannot be found when needed, on
| 17 | | proper request, produce the receipt which they are to take as
| 18 | | above provided.
| 19 | | (Source: P.A. 99-522, eff. 6-30-16; 99-701, eff. 7-29-16.)
| 20 | | (10 ILCS 5/24C-13)
| 21 | | Sec. 24C-13. Vote by mail ballots; early voting ballots; | 22 | | proceedings at location for
central counting; employees; | 23 | | approval of list. | 24 | | (a) All jurisdictions using direct recording electronic | 25 | | tabulators or electronic ballot marking devices Direct |
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| 1 | | Recording Electronic
Voting Systems shall use paper ballots or | 2 | | paper ballot sheets
approved for use under Articles 16, 24A , or | 3 | | 24B of this Code when
conducting vote by mail voting. All vote | 4 | | by mail
ballots shall be counted at the central ballot counting | 5 | | location of the election
authority. Sections The provisions of | 6 | | Section 24A-9, 24B-9 , and 24C-9 of
this Code shall apply to the | 7 | | testing and notice requirements for
central count tabulation | 8 | | equipment, including comparing the
signature on the ballot | 9 | | envelope with the signature of the voter
on the permanent voter | 10 | | registration record card taken from the
master file. Vote | 11 | | results shall be recorded by precinct and shall
be added to the | 12 | | vote results for the precinct in which the vote by mail
voter | 13 | | was eligible to vote prior to completion of the
official | 14 | | canvass.
| 15 | | (b) All proceedings at the location for central counting
| 16 | | shall be under the direction of the county clerk or board of
| 17 | | election commissioners. Except for any specially trained
| 18 | | technicians required for the operation of the direct recording | 19 | | electronic tabulator or electronic ballot marking device | 20 | | Direct Recording
Electronic Voting System , the employees at the | 21 | | counting station
shall be equally divided between members of | 22 | | the 2 leading
political parties and all duties performed by the | 23 | | employees
shall be by teams consisting of an equal number of | 24 | | members of
each political party. Thirty days before an election | 25 | | the county
clerk or board of election commissioners shall | 26 | | submit to the chair
of each political party, for his or her |
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| 1 | | approval or
disapproval, a list of persons of his or her party | 2 | | proposed to
be employed. If a chair fails to notify the | 3 | | election
authority of his or her disapproval of any proposed | 4 | | employee
within a period of 10 days thereafter the list shall | 5 | | be deemed
approved.
| 6 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 7 | | (10 ILCS 5/24C-14)
| 8 | | Sec. 24C-14.
Tabulating votes Votes ; direction Direction ;
| 9 | | presence of public Presence of
Public ; computer operator's log | 10 | | and canvass Computer Operator's Log and Canvass . The procedure | 11 | | for
tabulating the votes by the direct recording electronic | 12 | | tabulator or electronic ballot marking device Direct Recording | 13 | | Electronic Voting
System shall be under the direction of the | 14 | | election authority
and shall conform to the requirements of the | 15 | | direct recording electronic tabulator or electronic ballot | 16 | | marking device Direct Recording
Electronic Voting System . | 17 | | During any election-related activity
using the automatic | 18 | | direct recording electronic tabulator or electronic ballot | 19 | | marking device Direct Recording Electronic Voting System
| 20 | | equipment, the election authority shall make a reasonable | 21 | | effort
to dedicate the equipment to vote processing to ensure | 22 | | the
security and integrity of the system.
| 23 | | A reasonable number of pollwatchers shall be admitted to
| 24 | | the counting location. Such persons may observe the tabulating
| 25 | | process at the discretion of the election authority; however, |
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| 1 | | at
least one representative of each established political party | 2 | | and
authorized agents of the State Board of Elections shall be
| 3 | | permitted to observe this process at all times. No persons
| 4 | | except those employed and authorized for the purpose shall | 5 | | touch
any ballot, ballot box, return, or equipment.
| 6 | | The computer operator shall be designated by the election
| 7 | | authority and shall be sworn as a deputy of the election
| 8 | | authority. In conducting the vote tabulation and canvass, the
| 9 | | computer operator must maintain a log which shall include the
| 10 | | following information:
| 11 | | (a) alterations made to programs associated with the | 12 | | vote
counting process;
| 13 | | (b) if applicable, console messages relating to the | 14 | | program
and the respective responses made by the operator;
| 15 | | (c) the starting time for each precinct counted, the | 16 | | number
of ballots counted for each precinct, any equipment | 17 | | problems
and, insofar as practicable, the number of invalid | 18 | | security
designations encountered during that count; and
| 19 | | (d) changes and repairs made to the equipment during | 20 | | the
vote tabulation and canvass.
| 21 | | The computer operator's log and canvass shall be available
| 22 | | for public inspection in the office of the election authority
| 23 | | for a period of 60 days following the proclamation of election
| 24 | | results. A copy of the computer operator's log and the canvass
| 25 | | shall be transmitted to the State Board of Elections upon its
| 26 | | request and at its expense.
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| 1 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 2 | | (10 ILCS 5/24C-15)
| 3 | | Sec. 24C-15. Official return of precinct; check of totals;
| 4 | | audit. The precinct return printed by the direct recording | 5 | | electronic tabulator or electronic ballot marking device | 6 | | utilized as a tabulator Direct Recording
Electronic Voting | 7 | | System tabulating equipment shall include the
number of ballots | 8 | | cast and votes cast for each candidate and
public question and | 9 | | shall constitute the official return of each
precinct. In | 10 | | addition to the precinct return, the election
authority shall | 11 | | provide the number of applications for ballots
in each | 12 | | precinct, the total number of ballots and vote by mail
ballots | 13 | | counted in each precinct for each political subdivision
and | 14 | | district and the number of registered voters in each
precinct. | 15 | | However, the election authority shall check the
totals shown by | 16 | | the precinct return and, if there is an obvious
discrepancy | 17 | | regarding the total number of votes cast in any
precinct, shall | 18 | | have the ballots for that precinct audited to
correct the | 19 | | return. The procedures for this audit shall apply
prior to and | 20 | | after the proclamation is completed; however, after
the | 21 | | proclamation of results, the election authority must obtain
a | 22 | | court order to unseal voted ballots or voting devices except
| 23 | | for election contests and discovery recounts. The certificate
| 24 | | of results, which has been prepared and signed by the judges of
| 25 | | election after the ballots have been
tabulated, shall be the |
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| 1 | | document used for the canvass of votes
for such precinct. | 2 | | Whenever a discrepancy exists during the
canvass of votes | 3 | | between the unofficial results and the
certificate of results, | 4 | | or whenever a discrepancy exists during
the canvass of votes | 5 | | between the certificate of results and the
set of totals | 6 | | reflected on the certificate of results, the
ballots for that | 7 | | precinct shall be audited to correct the
return.
| 8 | | Prior to the proclamation, the election authority shall
| 9 | | test the voting devices and equipment in 5% of the precincts
| 10 | | within the election jurisdiction, as well as 5% of the voting | 11 | | devices used in early voting. The precincts and the voting | 12 | | devices to be tested
shall be selected after election day on a | 13 | | random basis by the
State Board of Elections, so that every | 14 | | precinct and every device used in early voting in the election
| 15 | | jurisdiction has an equal mathematical chance of being | 16 | | selected.
The State Board of Elections shall design a standard | 17 | | and
scientific random method of selecting the precincts and | 18 | | voting devices that are to
be tested. The State central | 19 | | committee chair
of each established political party shall be | 20 | | given prior written notice of the time
and place of the random | 21 | | selection procedure and may be
represented at the procedure.
| 22 | | The test shall be conducted by counting the votes marked on
| 23 | | the permanent paper record of each ballot cast in the tested
| 24 | | precinct printed by the voting system at the time that each
| 25 | | ballot was cast and comparing the results of this count with | 26 | | the
results shown by the certificate of results prepared by the |
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| 1 | | direct recording electronic tabulator or electronic ballot | 2 | | marking device utilized as a tabulator
Direct Recording | 3 | | Electronic Voting System in the test precinct.
The election | 4 | | authority shall test count these votes either by
hand or by | 5 | | using an automatic tabulating device other than a direct | 6 | | recording electronic tabulator or electronic ballot marking | 7 | | device
Direct Recording Electronic voting device that has been | 8 | | approved
by the State Board of Elections for that purpose and | 9 | | tested
before use to ensure accuracy. A ballot marking device | 10 | | utilizing a bar code or quick response code shall also have its | 11 | | ballots audited by a hand count. The election authority shall
| 12 | | print the results of each test count. If any error is detected,
| 13 | | the cause shall be determined and corrected, and an errorless
| 14 | | count shall be made prior to the official canvass and
| 15 | | proclamation of election results. If an errorless count cannot
| 16 | | be conducted and there continues to be difference in vote
| 17 | | results between the certificate of results produced by the | 18 | | direct recording electronic tabulator or electronic ballot | 19 | | marking device utilized as a tabulator
Direct Recording | 20 | | Electronic Voting System and the count of the
permanent paper | 21 | | records or if an error was detected and
corrected, the election | 22 | | authority shall immediately prepare and
forward to the | 23 | | appropriate canvassing board a written report
explaining the | 24 | | results of the test and any errors encountered
and the report | 25 | | shall be made available for public inspection.
| 26 | | The State Board of Elections, the State's Attorney and
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| 1 | | other appropriate law enforcement agencies, the county chair
of | 2 | | each established political party and qualified civic
| 3 | | organizations shall be given prior written notice of the time
| 4 | | and place of the test and may be represented at the test.
| 5 | | The results of this post-election test shall be treated in
| 6 | | the same manner and have the same effect as the results of the
| 7 | | discovery procedures set forth in Section 22-9.1 of this Code.
| 8 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 9 | | (10 ILCS 5/24C-15.01)
| 10 | | Sec. 24C-15.01.
Transporting ballots to central counting | 11 | | station Ballots to Central Counting
Station ; container | 12 | | Container . Upon completion of the tabulation, audit or
test of | 13 | | voting equipment pursuant to Sections 24C-11 through
24C-15, | 14 | | the ballots and the medium containing the ballots from
each | 15 | | precinct shall be replaced in the container in which they
were | 16 | | transported to the central counting station. If the
container | 17 | | is not a type which may be securely locked, then each
| 18 | | container, before being transferred from the counting station | 19 | | to
storage, shall be securely sealed.
| 20 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 21 | | (10 ILCS 5/24C-15.1)
| 22 | | Sec. 24C-15.1. Discovery, recounts, and election contests | 23 | | Recounts and Election Contests . Except as provided, discovery | 24 | | recounts and election contests
shall be conducted as otherwise |
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| 1 | | provided for in this Code. The direct recording electronic | 2 | | tabulator or electronic ballot marking device
Direct Recording | 3 | | Electronic Voting System equipment shall be
tested prior to the | 4 | | discovery recount or election contest as
provided in Section | 5 | | 24C-9, and then the official ballots shall
be audited.
| 6 | | Any person who has filed a petition for discovery recount
| 7 | | may request that a redundant count be conducted in those
| 8 | | precincts in which the discovery recount is being conducted.
| 9 | | The additional costs of a redundant count shall be borne by the
| 10 | | requesting party.
| 11 | | The log of the computer operator and all materials retained
| 12 | | by the election authority in relation to vote tabulation and
| 13 | | canvass shall be made available for any discovery recount or
| 14 | | election contest.
| 15 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 16 | | (10 ILCS 5/24C-16)
| 17 | | Sec. 24C-16. Approval of direct recording electronic | 18 | | tabulator or electronic ballot marking device Direct Recording | 19 | | Electronic Voting
Systems ; requisites Requisites . The State | 20 | | Board of Elections shall approve
all direct recording | 21 | | electronic tabulators and electronic ballot marking devices | 22 | | Direct Recording Electronic Voting Systems that fulfill the
| 23 | | functional requirements provided by Section 24C-11 of this | 24 | | Code,
the mandatory requirements of the federal voting system
| 25 | | standards pertaining to direct recording electronic tabulators |
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| 1 | | and electronic ballot marking devices Direct Recording | 2 | | Electronic Voting
Systems promulgated by the Federal Election | 3 | | Commission or the
Election Assistance Commission, the testing | 4 | | requirements of an
approved independent testing authority and | 5 | | the rules of the
State Board of Elections.
| 6 | | The State Board of Elections shall not approve any direct | 7 | | recording electronic tabulator or electronic ballot marking | 8 | | device Direct Recording Electronic Voting System that includes | 9 | | an external Infrared Data Association (IrDA) communications | 10 | | port.
| 11 | | The State Board of Elections is authorized to withdraw its
| 12 | | approval of a direct recording electronic tabulator or | 13 | | electronic ballot marking device Direct Recording Electronic | 14 | | Voting System if the
system System , once approved, fails to | 15 | | fulfill the above requirements.
| 16 | | The vendor, person, or other private entity shall be solely | 17 | | responsible for the production and cost of: all application | 18 | | fees; all ballots; additional temporary workers; and other | 19 | | equipment or facilities needed and used in the testing of the | 20 | | vendor's, person's, or other private entity's respective | 21 | | equipment and software.
| 22 | | Any voting system vendor, person, or other private entity | 23 | | seeking the State Board of Elections' approval of a voting | 24 | | system shall, as part of the approval application, submit to | 25 | | the State Board a non-refundable fee. The State Board of | 26 | | Elections by rule shall establish an appropriate fee structure, |
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| 1 | | taking into account the type of voting system approval that is | 2 | | requested (such as approval of a new system, a modification of | 3 | | an existing system, the size of the modification, etc.). No | 4 | | voting system or modification of a voting system shall be | 5 | | approved unless the fee is paid.
| 6 | | No vendor, person, or other entity may sell, lease, or | 7 | | loan, or have a written contract, including a contract | 8 | | contingent upon State Board approval of the voting system or | 9 | | voting system component, to sell, lease, or loan, a direct | 10 | | recording electronic tabulator, electronic ballot marking | 11 | | device
Direct Recording Electronic Voting System or system | 12 | | component to
any election jurisdiction unless the system or | 13 | | system component
is first approved by the State Board of | 14 | | Elections pursuant to
this Section.
| 15 | | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 16 | | (10 ILCS 5/24C-17)
| 17 | | Sec. 24C-17. Rules; number of voting stations Number of | 18 | | Voting Stations . The State
Board of Elections may make | 19 | | reasonable rules for the
administration of this Article and may | 20 | | prescribe the number of
voting stations required for the | 21 | | various types of voting
systems.
| 22 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 23 | | (10 ILCS 5/24C-18)
| 24 | | Sec. 24C-18. Specimen ballots Ballots ; publication |
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| 1 | | Publication . When a direct recording electronic tabulator or | 2 | | electronic ballot marking device
Direct Recording Electronic | 3 | | Voting System is used, the
election authority shall cause to be | 4 | | published, at least 5
days before the day of each general and | 5 | | general primary
election, in 2 or more newspapers published in | 6 | | and having a
general circulation in the county, a true and | 7 | | legible copy
of the specimen ballot containing the names of | 8 | | offices and
candidates and public questions to be voted on, as | 9 | | near as
may be, in the form in which they will appear on the
| 10 | | official ballot on election day. A true legible copy may
be in | 11 | | the form of an actual size ballot and shall be
published as | 12 | | required by this Section if distributed in 2
or more newspapers | 13 | | published and having a general
circulation in the county as an | 14 | | insert. For each election
prescribed in Article 2A of this | 15 | | Code, specimen ballots
shall be made available for public | 16 | | distribution and shall
be supplied to the judges of election | 17 | | for posting in the
polling place on the day of election. Notice | 18 | | for the
consolidated elections shall be given as provided in
| 19 | | Article 12.
| 20 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 21 | | (10 ILCS 5/24C-19)
| 22 | | Sec. 24C-19. Additional method of voting Method of Voting . | 23 | | The
foregoing Sections of this Article shall be deemed to
| 24 | | provide a method of voting in addition to the methods
otherwise | 25 | | provided in this Code.
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| 1 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 2 | | (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
| 3 | | Sec. 28-9. Proposed constitutional amendments and advisory | 4 | | questions of public policy; petition; filing. Petitions for | 5 | | proposed amendments to Article IV of the
Constitution pursuant | 6 | | to Section 3, Article XIV of the Constitution shall be
signed | 7 | | by a number of electors equal in number to at least 8% of the | 8 | | total
votes cast for candidates for Governor in the preceding | 9 | | gubernatorial election.
Such petition shall have been signed by | 10 | | the petitioning electors not more than
24 months preceding the | 11 | | general election at which the proposed amendment is to
be | 12 | | submitted and shall be filed with the Secretary of State at | 13 | | least 6 months
before that general election.
| 14 | | Upon receipt of a petition for a proposed Constitutional | 15 | | amendment, the
Secretary of State shall, as soon as is | 16 | | practicable, but no later than the
close of the next business | 17 | | day, deliver such petition to the State Board of
Elections.
| 18 | | Petitions for advisory questions of public policy to be | 19 | | submitted to the
voters of the entire State shall be signed by | 20 | | a number of voters
equal in number to 8% of the total votes | 21 | | cast for candidates for Governor in
the preceding gubernatorial | 22 | | election. Such petition shall have been signed by
said | 23 | | petitioners not more than 24 months preceding the date of the | 24 | | general
election at which the question is to be submitted and | 25 | | shall be filed with the
State Board of Elections at least 6 |
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| 1 | | months before that general election.
| 2 | | The proponents of the proposed statewide advisory
public | 3 | | question shall file the original petition for a proposed | 4 | | Constitutional amendment or a statewide advisory public | 5 | | question in bound
sections. Each section shall be composed of | 6 | | consecutively numbered petition
sheets bound in sections, | 7 | | containing only the original signatures of registered voters in | 8 | | the State .
Any petition sheets not consecutively numbered or | 9 | | which contain duplicate
page numbers already used on other | 10 | | sheets, or are photocopies or duplicates
of the original | 11 | | sheets, shall not be considered part of the petition for
the | 12 | | purpose of the random sampling verification and shall not be | 13 | | counted
toward the minimum number of signatures required to | 14 | | qualify the proposed
statewide advisory public question for the | 15 | | ballot.
| 16 | | Within 7 business days following the last day for filing | 17 | | the original
petition, the proponents shall also file copies of | 18 | | the petition sheets with each proper election authority
and | 19 | | obtain a receipt therefor.
| 20 | | For purposes of this Act, the following terms shall be | 21 | | defined and construed
as follows:
| 22 | | 1. "Board" means the State Board of Elections.
| 23 | | 2. "Election Authority" means a county clerk or city or | 24 | | county board of
election commissioners.
| 25 | | 3. (Blank).
| 26 | | 4. "Proponents" means any person, association, committee, |
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| 1 | | organization
or other group, or their designated | 2 | | representatives, who advocate and cause
the circulation and | 3 | | filing of petitions for a statewide advisory question
of public | 4 | | policy or a proposed constitutional amendment for submission at
| 5 | | a general election and who has registered with the Board as | 6 | | provided in
this Act.
| 7 | | 5. "Opponents" means any person, association, committee, | 8 | | organization
or other group, or their designated | 9 | | representatives, who oppose a statewide
advisory question of | 10 | | public policy or a proposed constitutional amendment
for | 11 | | submission at a general election and who have registered with | 12 | | the Board
as provided in this Act.
| 13 | | (Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 10 ILCS 5/24B-2 | | | 4 | | 10 ILCS 5/24B-4 | | | 5 | | 10 ILCS 5/24B-6 | | | 6 | | 10 ILCS 5/24B-9 | | | 7 | | 10 ILCS 5/Art. 24C heading | | | 8 | | 10 ILCS 5/24C-1 | | | 9 | | 10 ILCS 5/24C-2 | | | 10 | | 10 ILCS 5/24C-3 | | | 11 | | 10 ILCS 5/24C-3.1 | | | 12 | | 10 ILCS 5/24C-4 | | | 13 | | 10 ILCS 5/24C-5 | | | 14 | | 10 ILCS 5/24C-5.1 | | | 15 | | 10 ILCS 5/24C-5.2 | | | 16 | | 10 ILCS 5/24C-6 | | | 17 | | 10 ILCS 5/24C-6.1 | | | 18 | | 10 ILCS 5/24C-7 | | | 19 | | 10 ILCS 5/24C-8 | | | 20 | | 10 ILCS 5/24C-9 | | | 21 | | 10 ILCS 5/24C-10 | | | 22 | | 10 ILCS 5/24C-11 | | | 23 | | 10 ILCS 5/24C-12 | | | 24 | | 10 ILCS 5/24C-13 | | | 25 | | 10 ILCS 5/24C-14 | | |
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| 1 | | 10 ILCS 5/24C-15 | | | 2 | | 10 ILCS 5/24C-15.01 | | | 3 | | 10 ILCS 5/24C-15.1 | | | 4 | | 10 ILCS 5/24C-16 | | | 5 | | 10 ILCS 5/24C-17 | | | 6 | | 10 ILCS 5/24C-18 | | | 7 | | 10 ILCS 5/24C-19 | | | 8 | | 10 ILCS 5/28-9 | from Ch. 46, par. 28-9 |
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