Full Text of SB0829 102nd General Assembly
SB0829enr 102ND GENERAL ASSEMBLY |
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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 | 5 | | Sections 19-3, 19-4, 19-5, 24A-10, 24A-10.1, 24A-14, 24B-10, | 6 | | 24B-10.1, and 24B-14 and by adding Section 19-2.6 as follows: | 7 | | (10 ILCS 5/19-2.6 new) | 8 | | Sec. 19-2.6. Vote by mail; voters with a print disability. | 9 | | (a) Definitions. As used in this Section, unless the | 10 | | context otherwise requires: | 11 | | "Assistive technology" means any equipment, software, or | 12 | | product used to increase, maintain, or improve the functional | 13 | | capabilities of individuals with disabilities, including, but | 14 | | not limited to, screen reading and magnification software, | 15 | | refreshable Braille displays, and speech recognition programs. | 16 | | "Certified remote accessible vote by mail system" means a | 17 | | process approved by the State Board of Elections through which | 18 | | an election authority provides for the electronic transmission | 19 | | of a vote by mail ballot to a voter with a print disability and | 20 | | through which the voter with a print disability marks and | 21 | | verifies the voter's ballot using assistive technology. | 22 | | "Electronic transmission" means the transfer of data or | 23 | | information through an authorized electronic data interchange |
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| 1 | | system. | 2 | | "Voter with a print disability" means a person having a | 3 | | temporary or permanent physical or mental impairment, such as | 4 | | blindness, low vision, physical dexterity limitations, or | 5 | | learning or cognitive disabilities, that prevents the person | 6 | | from effective reading, writing, or use of printed material. | 7 | | (b) The State Board of Elections shall provide a certified | 8 | | remote accessible vote by mail system for the General Election | 9 | | of November 8, 2022 and all subsequent elections, through | 10 | | which a vote by mail ballot can be delivered by electronic | 11 | | transmission to voters with print disabilities and through | 12 | | which voters with print disabilities are able to mark and | 13 | | verify their ballots using assistive technology. | 14 | | (c) Election authorities shall permit voters with a print | 15 | | disability to receive and mark their vote by mail ballots (i) | 16 | | through the certified remote accessible vote by mail system | 17 | | provided by the State Board of Elections pursuant to | 18 | | subsection (b) of this Section or (ii) through a certified | 19 | | remote accessible vote by mail system provided by the election | 20 | | authority. | 21 | | (d) If a vote by mail ballot application from a voter with | 22 | | a print disability arrives after the jurisdiction begins | 23 | | transmitting vote by mail ballots and instructions to voters, | 24 | | the election authority shall electronically transmit the | 25 | | ballot, instructions, and balloting materials to the voter | 26 | | within two business days after receipt of the application. |
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| 1 | | (e) Ballots received and marked pursuant to this Section | 2 | | must be printed by the voter and returned to the election | 3 | | authority as provided in Section 19-6. | 4 | | (f) The State Board of Elections shall adopt rules, | 5 | | including emergency rules, necessary for the implementation of | 6 | | this Section. The State Board of Elections' adopted rules | 7 | | shall include certification standards for a remote accessible | 8 | | vote by mail system and a method subject to the provisions in | 9 | | Sections 19-2 and 19-3 of this Article by which a voter with a | 10 | | print disability may request to use a certified remote | 11 | | accessible vote by mail system and apply for an accessible | 12 | | vote by mail ballot. | 13 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | 14 | | Sec. 19-3. Application for a vote by mail ballot. | 15 | | (a) The
application for a vote by mail ballot for a single | 16 | | election shall be substantially in the
following form: | 17 | | APPLICATION FOR VOTE BY MAIL BALLOT | 18 | | To be voted at the .... election in the County of .... and | 19 | | State of
Illinois, in the .... precinct of the (1) *township of | 20 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 21 | | I state that I am a resident of the .... precinct of the | 22 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 23 | | the city of
.... residing at .... in such city or town in the | 24 | | county of .... and
State of Illinois; that I have lived at such | 25 | | address for .... month(s)
last past; that I am lawfully |
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| 1 | | entitled to vote in such precinct at the
.... election to be | 2 | | held therein on ....; and that I wish to vote by vote by mail | 3 | | ballot. | 4 | | I hereby make application for an official ballot or | 5 | | ballots to be
voted by me at such election, and I agree that I | 6 | | shall return such ballot or ballots to the
official issuing | 7 | | the same prior to the closing of the polls on the date
of the | 8 | | election or, if returned by mail, postmarked no later than | 9 | | election day, for counting no later than during the period for | 10 | | counting provisional ballots, the last day of which is the | 11 | | 14th day following election day. | 12 | | I understand that this application is made for an official | 13 | | vote by mail ballot or ballots to be voted by me at the | 14 | | election specified in this application and that I must submit | 15 | | a separate application for an official vote by mail ballot or | 16 | | ballots to be voted by me at any subsequent election. | 17 | | Under penalties as provided by law pursuant to Section | 18 | | 29-10 of the
Election Code, the undersigned certifies that the | 19 | | statements set forth
in this application are true and correct. | 20 | | .... | 21 | | *fill in either (1), (2) or (3). | 22 | | Post office address to which ballot is mailed: | 23 | | ............... | 24 | | (a-5) The application for a single vote by mail ballot | 25 | | transmitted electronically pursuant to Section 19-2.6 shall be | 26 | | substantively similar to the application for a vote by mail |
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| 1 | | ballot for a single election and shall include: | 2 | | I swear or affirm that I am a voter with a print | 3 | | disability, and, as a result of this disability, I am | 4 | | making a request to receive a vote by mail ballot | 5 | | electronically so that I may privately and independently | 6 | | mark, verify, and print my vote by mail ballot. | 7 | | (b) The application for permanent vote by mail status | 8 | | shall be substantially in the following form: | 9 | | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS | 10 | | I am currently a registered voter and wish to apply for | 11 | | permanent vote by mail status. | 12 | | I state that I am a resident of the City of .... residing | 13 | | at .... in such city in the county of .... and State of | 14 | | Illinois; that I have lived at such address for .... month(s) | 15 | | last past; that I am lawfully entitled to vote in such precinct | 16 | | at the .... election to be held therein on ....; and that I | 17 | | wish to vote by vote by mail ballot in: | 18 | | ..... all subsequent elections that do not require a party | 19 | | designation. | 20 | | ..... all subsequent elections, and I wish to receive a | 21 | | ................... Party vote by mail ballot in | 22 | | elections that require a party designation. | 23 | | I hereby make application for an official ballot or | 24 | | ballots to be voted by me at such election, and I agree that I | 25 | | shall return such ballot or ballots to the official issuing | 26 | | the same prior to the closing of the polls on the date of the |
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| 1 | | election or, if returned by mail, postmarked no later than | 2 | | election day, for counting no later than during the period for | 3 | | counting provisional ballots, the last day of which is the | 4 | | 14th day following election day. | 5 | | Under penalties as provided by law under Section 29-10 of | 6 | | the Election Code, the undersigned certifies that the | 7 | | statements set forth in this application are true and correct. | 8 | | .... | 9 | | Post office address to which ballot is mailed: | 10 | | ............... | 11 | | (b-5) The application for permanent vote by mail ballots | 12 | | transmitted electronically pursuant to Section 19-2.6 shall be | 13 | | substantively similar to the application for permanent vote by | 14 | | mail status and shall include: | 15 | | I swear or affirm that I am a voter with a | 16 | | non-temporary print disability, and as a result of this | 17 | | disability, I am making a request to receive vote by mail | 18 | | ballots electronically so that I may privately and | 19 | | independently mark, verify, and print my vote by mail | 20 | | ballots. | 21 | | (c) However, if application is made for a primary election | 22 | | ballot, such
application shall require the applicant to | 23 | | designate the name of the political party with which
the | 24 | | applicant is affiliated. The election authority shall allow | 25 | | any voter on permanent vote by mail status to change his or her | 26 | | party affiliation for a primary election ballot by a method |
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| 1 | | and deadline published and selected by the election authority. | 2 | | (d) If application is made electronically, the applicant | 3 | | shall mark the box associated with the above described | 4 | | statement included as part of the online application | 5 | | certifying that the statements set forth in the application | 6 | | under subsection (a) or (b) are true and correct, and a | 7 | | signature is not required. | 8 | | (e) Any person may produce, reproduce, distribute, or | 9 | | return to an election authority an application under this | 10 | | Section. If applications are sent to a post office box | 11 | | controlled by any individual or organization that is not an | 12 | | election authority, those applications shall (i) include a | 13 | | valid and current phone number for the individual or | 14 | | organization controlling the post office box and (ii) be | 15 | | turned over to the appropriate election authority within 7 | 16 | | days of receipt or, if received within 2 weeks of the election | 17 | | in which an applicant intends to vote, within 2 days of | 18 | | receipt. Failure to turn over the applications in compliance | 19 | | with this paragraph shall constitute a violation of this Code | 20 | | and shall be punishable as a petty offense with a fine of $100 | 21 | | per application. Removing, tampering with, or otherwise | 22 | | knowingly making the postmark on the application unreadable by | 23 | | the election authority shall establish a rebuttable | 24 | | presumption of a violation of this paragraph. Upon receipt, | 25 | | the appropriate election authority shall accept and promptly | 26 | | process any application under this Section submitted in a form |
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| 1 | | substantially similar to that required by this Section, | 2 | | including any substantially similar production or reproduction | 3 | | generated by the applicant. | 4 | | (f) An election authority may combine the applications in | 5 | | subsections (a) and (b) onto one form, but the distinction | 6 | | between the applications must be clear and the form must | 7 | | provide check boxes for an applicant to indicate whether he or | 8 | | she is applying for a single election vote by mail ballot or | 9 | | for permanent vote by mail status. | 10 | | (Source: P.A. 102-15, eff. 6-17-21.)
| 11 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| 12 | | Sec. 19-4. Mailing or delivery of ballots; time. | 13 | | Immediately upon
the receipt of such application either by | 14 | | mail or electronic means, not more than 90 days
nor less than 5 | 15 | | days prior to such election, or by personal delivery not
more | 16 | | than 90 days nor less than one day prior to such election, at | 17 | | the
office of such election authority, it shall be the duty of | 18 | | such election
authority to examine the records to ascertain | 19 | | whether or not such
applicant is lawfully entitled to vote as
| 20 | | requested, including a verification of the applicant's | 21 | | signature by comparison with the signature on the official | 22 | | registration record card, and if found so to be entitled to | 23 | | vote, to post within one business day thereafter
the name, | 24 | | street address,
ward and precinct number or township and | 25 | | district number, as the case may be,
of such applicant given on |
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| 1 | | a list, the pages of which are to be numbered
consecutively to | 2 | | be kept by such election authority for such purpose in a
| 3 | | conspicuous, open and public place accessible to the public at | 4 | | the entrance of
the office of such election authority, and in | 5 | | such a manner that such list may
be viewed without necessity of | 6 | | requesting permission therefor. Within one
day after posting | 7 | | the name and other information of an applicant for a vote by | 8 | | mail
ballot, the election authority shall transmit by | 9 | | electronic means pursuant to a process established by the | 10 | | State Board of Elections that name and other
posted | 11 | | information to the State Board of Elections, which shall | 12 | | maintain those
names and other information in an electronic | 13 | | format on its website, arranged by
county and accessible to | 14 | | State and local political committees. Within 2
business days | 15 | | after posting a name and other information on the list within
| 16 | | its
office, but no sooner than 40 days before an election, the | 17 | | election authority shall mail,
postage prepaid, or deliver in | 18 | | person in such office , or deliver via electronic transmission | 19 | | pursuant to Section 19-2.6, an official ballot
or ballots if | 20 | | more than one are to be voted at said election. Mail delivery
| 21 | | of Temporarily Absent Student ballot applications pursuant to | 22 | | Section
19-12.3 shall be by nonforwardable mail. However,
for | 23 | | the consolidated election, vote by mail ballots for certain | 24 | | precincts may
be delivered to applicants not less than 25 days | 25 | | before the election if
so much time is required to have | 26 | | prepared and printed the ballots containing
the names of |
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| 1 | | persons nominated for offices at the consolidated primary.
The | 2 | | election authority shall enclose with each vote by mail ballot | 3 | | or
application written instructions on how voting assistance | 4 | | shall be provided
pursuant to Section 17-14 and a document, | 5 | | written and approved by the State
Board of Elections, | 6 | | informing the vote by mail voter of the required postage for | 7 | | returning the application and ballot, and
enumerating
the | 8 | | circumstances under which a person is authorized to vote by | 9 | | vote by mail
ballot pursuant to this Article; such document | 10 | | shall also include a
statement informing the applicant that if | 11 | | he or she falsifies or is
solicited by another to falsify his | 12 | | or her
eligibility to cast a vote by mail ballot, such | 13 | | applicant or other is subject
to
penalties pursuant to Section | 14 | | 29-10 and Section 29-20 of the Election Code.
Each election | 15 | | authority shall maintain a list of the name, street address,
| 16 | | ward and
precinct, or township and district number, as the | 17 | | case may be, of all
applicants who have returned vote by mail | 18 | | ballots to such authority, and the name of such vote by mail | 19 | | voter shall be added to such list
within one business day from | 20 | | receipt of such ballot.
If the vote by mail ballot envelope | 21 | | indicates that the voter was assisted in
casting the ballot, | 22 | | the name of the person so assisting shall be included on
the | 23 | | list. The list, the pages of which are to be numbered | 24 | | consecutively,
shall be kept by each election authority in a | 25 | | conspicuous, open, and public
place accessible to the public | 26 | | at the entrance of the office of the election
authority and in |
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| 1 | | a manner that the list may be viewed without necessity of
| 2 | | requesting permission for viewing.
| 3 | | Each election authority shall maintain a list for each | 4 | | election
of the
voters to whom it has issued vote by mail | 5 | | ballots. The list shall be
maintained for each precinct within | 6 | | the jurisdiction of the election
authority. Prior to the | 7 | | opening of the polls on election day, the
election authority | 8 | | shall deliver to the judges of election in each
precinct the | 9 | | list of registered voters in that precinct to whom vote by mail
| 10 | | ballots have been issued by mail.
| 11 | | Each election authority shall maintain a list for each | 12 | | election of
voters to whom it has issued temporarily absent | 13 | | student ballots. The list
shall be maintained for each | 14 | | election jurisdiction within which such voters
temporarily | 15 | | abide. Immediately after the close of the period during which
| 16 | | application may be made by mail or electronic means for vote by | 17 | | mail ballots, each election
authority shall mail to each other | 18 | | election authority within the State a
certified list of all | 19 | | such voters temporarily abiding within the
jurisdiction of the | 20 | | other election authority.
| 21 | | In the event that the return address of an
application for | 22 | | ballot by a physically incapacitated elector
is that of a | 23 | | facility licensed or certified under the Nursing Home Care
| 24 | | Act, the Specialized Mental Health Rehabilitation Act of 2013, | 25 | | the ID/DD Community Care Act, or the MC/DD Act, within the | 26 | | jurisdiction of the election authority, and the applicant
is a |
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| 1 | | registered voter in the precinct in which such facility is | 2 | | located,
the ballots shall be prepared and transmitted to a | 3 | | responsible judge of
election no later than 9 a.m. on the | 4 | | Friday, Saturday, Sunday, or Monday immediately
preceding the | 5 | | election as designated by the election authority under
Section | 6 | | 19-12.2. Such judge shall deliver in person on the designated | 7 | | day
the ballot to the applicant on the premises of the facility | 8 | | from which
application was made. The election authority shall | 9 | | by mail notify the
applicant in such facility that the ballot | 10 | | will be delivered by a judge of
election on the designated day.
| 11 | | All applications for vote by mail ballots shall be | 12 | | available at the office
of the election authority for public | 13 | | inspection upon request from the
time of receipt thereof by | 14 | | the election authority until 30 days after the
election, | 15 | | except during the time such applications are kept in the
| 16 | | office of the election authority pursuant to Section 19-7, and | 17 | | except during
the time such applications are in the possession | 18 | | of the judges of election.
| 19 | | Notwithstanding any provision of this Section to the | 20 | | contrary, pursuant to subsection (a) of Section 30 of the | 21 | | Address Confidentiality for Victims of Domestic Violence, | 22 | | Sexual Assault, Human Trafficking, or Stalking Act, neither | 23 | | the name nor the address of a program participant under that | 24 | | Act shall be included in any list of registered voters | 25 | | available to the public, including the lists referenced in | 26 | | this Section. |
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| 1 | | (Source: P.A. 102-292, eff. 1-1-22 .)
| 2 | | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | 3 | | Sec. 19-5. Folding and enclosure of ballots in unsealed | 4 | | envelope; address on envelope; certification; instructions for | 5 | | marking and returning ballots. It shall be the duty of the | 6 | | election authority to fold the
ballot or ballots in the manner | 7 | | specified by the statute for folding
ballots prior to their | 8 | | deposit in the ballot box, and to enclose such
ballot or | 9 | | ballots in an envelope unsealed to be furnished by him, which
| 10 | | envelope shall bear upon the face thereof the name, official | 11 | | title and
post office address of the election authority, and | 12 | | upon the other side
a printed certification in substantially | 13 | | the
following form:
| 14 | | I state that I am a resident of the .... precinct of the | 15 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 16 | | the city of
.... residing at .... in such city or town in the | 17 | | county of .... and
State of Illinois, that I have lived at such | 18 | | address for .... months
last past; and that I am lawfully | 19 | | entitled to vote in such precinct at the
.... election to be | 20 | | held on .....
| 21 | | *fill in either (1), (2) or (3).
| 22 | | I further state that I personally marked the enclosed | 23 | | ballot in secret.
| 24 | | Under penalties of perjury as provided by law pursuant to | 25 | | Section 29-10
of The Election Code, the undersigned certifies |
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| 1 | | that the statements set
forth in this certification are true | 2 | | and correct.
| 3 | | .......................
| 4 | | If the ballot is to go to an elector who is physically | 5 | | incapacitated and needs assistance marking the ballot,
the | 6 | | envelope shall bear upon the back thereof a certification in
| 7 | | substantially the following form:
| 8 | | I state that I am a resident of the .... precinct of the | 9 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 10 | | the city of
.... residing at .... in such city or town in the | 11 | | county of .... and
State of Illinois, that I have lived at such | 12 | | address for .... months
last past; that I am lawfully entitled | 13 | | to vote in such precinct at the
.... election to be held on | 14 | | ....; that I am physically incapable
of personally marking the | 15 | | ballot for
such election.
| 16 | | *fill in either (1), (2) or (3).
| 17 | | I further state that I marked the enclosed ballot in | 18 | | secret with the assistance of
| 19 | | .................................
| 20 | | (Individual rendering assistance)
| 21 | | .................................
| 22 | | (Residence Address)
| 23 | | Under penalties of perjury as provided by law pursuant to | 24 | | Section 29-10
of The Election Code, the undersigned certifies | 25 | | that the statements set forth
in this certification are true | 26 | | and correct.
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| 1 | | .......................
| 2 | | In the case of a voter with a physical
incapacity, marking | 3 | | a ballot in secret includes marking a ballot with the
| 4 | | assistance of another individual, other than a candidate
whose | 5 | | name appears on the ballot (unless the voter is the spouse or a
| 6 | | parent, child, brother, or sister of the candidate),
the | 7 | | voter's employer, an
agent of that employer, or an officer or | 8 | | agent of the voter's union, when
the voter's physical | 9 | | incapacity necessitates such assistance.
| 10 | | In the case of a physically incapacitated voter, marking a | 11 | | ballot in secret includes marking a ballot with the
assistance | 12 | | of another individual, other than a candidate
whose name | 13 | | appears on the ballot (unless the voter is the spouse or a
| 14 | | parent, child, brother, or sister of the candidate), the | 15 | | voter's
employer, an
agent of that employer, or an officer or | 16 | | agent of the voter's union, when
the voter's physical | 17 | | incapacity necessitates such assistance.
| 18 | | Provided, that if the ballot enclosed is to be voted at a | 19 | | primary
election, the certification shall designate the name | 20 | | of the political
party with which the voter is affiliated.
| 21 | | In addition to the above, the election authority shall | 22 | | provide
printed slips , or an electronic version thereof for | 23 | | voters voting by mail pursuant to Section 19-2.6, giving full | 24 | | instructions regarding the manner of marking
and returning the | 25 | | ballot in order that the same may be counted, and
shall furnish | 26 | | one of such printed slips or the electronic version thereof |
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| 1 | | for voters voting by mail pursuant to Section 19-2.6 to each of | 2 | | such applicants at
the same time the ballot is delivered to | 3 | | him.
Such instructions shall include the following statement: | 4 | | "In signing the
certification on the vote by mail ballot | 5 | | envelope, you are attesting that you
personally marked this | 6 | | vote by mail ballot in secret. If you are physically
unable to | 7 | | mark the ballot, a friend or relative may assist you after
| 8 | | completing the enclosed affidavit. Federal and State laws | 9 | | prohibit a
candidate whose name appears on the ballot (unless | 10 | | you
are the spouse or a parent, child, brother, or sister of | 11 | | the candidate), your
employer, your employer's agent or an | 12 | | officer or agent of your union
from assisting voters with | 13 | | physical disabilities."
| 14 | | In addition to the above, if a ballot to be provided to an | 15 | | elector
pursuant to this Section contains a public question | 16 | | described in subsection
(b) of Section 28-6 and the territory | 17 | | concerning which the question is
to be submitted is not | 18 | | described on the ballot due to the space limitations
of such | 19 | | ballot, the election authority shall provide a printed copy of
| 20 | | a notice of the public question, which shall include a | 21 | | description of the
territory in the manner required by Section | 22 | | 16-7. The notice shall be
furnished to the elector at the same | 23 | | time the ballot is delivered to the
elector.
| 24 | | Election authorities transmitting ballots by electronic | 25 | | transmission pursuant to Section 19-2.6 shall, to the greatest | 26 | | extent possible, provide those applicants with the same |
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| 1 | | instructions, certifications, and other balloting materials | 2 | | required when sending ballots by mail. | 3 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
| 4 | | (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| 5 | | Sec. 24A-10. (1) In an election jurisdiction which has | 6 | | adopted an
electronic voting system, the election official in | 7 | | charge of the
election shall select one of the 3 following | 8 | | procedures for receiving,
counting, tallying, and return of | 9 | | the ballots:
| 10 | | (a) Two ballot boxes shall be provided for each polling | 11 | | place. The
first ballot box is for the depositing of votes cast | 12 | | on the electronic
voting system; and the second ballot box is | 13 | | for all votes cast on paper
ballots, including any
paper | 14 | | ballots
required to be voted other than on the electronic | 15 | | voting system.
Ballots
deposited in the second
ballot box | 16 | | shall be counted, tallied, and returned as is elsewhere
| 17 | | provided in this Code for the counting and
handling of paper | 18 | | ballots. Immediately after the closing of the polls, the | 19 | | judges of election shall make out a slip indicating the
number | 20 | | of persons who voted in the precinct at the election. Such slip
| 21 | | shall be signed by all the judges of election and shall be | 22 | | inserted by
them in the first ballot box. The judges of | 23 | | election shall thereupon
immediately lock each ballot box; | 24 | | provided, that if
such box is not of a type which may be | 25 | | securely locked, such box shall be
sealed with filament tape |
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| 1 | | provided for such purpose
which shall be wrapped around the | 2 | | box lengthwise and crosswise, at least
twice each way, and in | 3 | | such manner that the seal completely covers the
slot in the | 4 | | ballot box, and each of the judges shall sign such seal. | 5 | | Thereupon
two of the judges of election, of different | 6 | | political parties, shall
forthwith and by the most direct | 7 | | route transport both ballot boxes to
the counting location | 8 | | designated by the county clerk or board of
election | 9 | | commissioners.
| 10 | | Before the ballots of a precinct are fed to the electronic | 11 | | tabulating
equipment, the first ballot box shall be opened at | 12 | | the central counting
station by the two precinct transport | 13 | | judges. Upon opening a ballot box,
such team shall first count | 14 | | the number of ballots in the box. If 2 or
more are folded | 15 | | together so as to appear to have been cast by the same
person, | 16 | | all of the ballots so folded together shall be marked and
| 17 | | returned with the other ballots in the same condition, as near | 18 | | as may
be, in which they were found when first opened, but | 19 | | shall not be
counted. If the remaining ballots are found to | 20 | | exceed the number of
persons voting in the precinct as shown by | 21 | | the slip signed by the judges
of election, the ballots shall be | 22 | | replaced in the box, and the box
closed and well shaken and | 23 | | again opened and one of the precinct
transport judges shall | 24 | | publicly draw out so many ballots unopened as are
equal to such | 25 | | excess.
| 26 | | Such excess ballots shall be marked "Excess-Not Counted" |
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| 1 | | and signed
by the two precinct transport judges and shall be | 2 | | placed in the "After
7:00 p.m. Defective Ballots Envelope". | 3 | | The number of excess ballots
shall be noted in the remarks | 4 | | section of the Certificate of Results.
"Excess" ballots shall | 5 | | not be counted in the total of "defective"
ballots.
| 6 | | The precinct transport judges shall then examine the | 7 | | remaining
ballots for write-in votes and shall count and | 8 | | tabulate the write-in
vote; or
| 9 | | (b) A single ballot box, for the deposit of all votes cast, | 10 | | shall be
used. All ballots which are not to be tabulated on the | 11 | | electronic voting
system shall be counted, tallied, and | 12 | | returned as elsewhere provided in this Code
for the counting | 13 | | and handling of paper
ballots.
| 14 | | All ballots to be processed and tabulated with the | 15 | | electronic voting
system shall be processed as follows:
| 16 | | Immediately after the closing of the polls, the precinct | 17 | | judges of
election then shall open the ballot box and canvass | 18 | | the votes polled to
determine that the number of ballots | 19 | | therein agree with the number of
voters voting as shown by the | 20 | | applications for ballot or if the same do
not agree the judges | 21 | | of election shall make such ballots agree with the
| 22 | | applications for ballot in the manner provided by Section | 23 | | 17-18 of this Code. The judges of election shall then examine | 24 | | all ballot cards and ballot card envelopes which
are in
the | 25 | | ballot box to determine whether the
ballot cards and
ballot | 26 | | card envelopes bear the initials of a precinct judge of |
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| 1 | | election.
If any ballot card or ballot card envelope is not
| 2 | | initialed, it shall be marked on the back "Defective," | 3 | | initialed as to
such label by all judges immediately under | 4 | | such word "Defective," and
not counted, but placed in the | 5 | | envelope provided for that purpose
labeled "Defective Ballots | 6 | | Envelope."
| 7 | | When an electronic voting system is used which utilizes a | 8 | | ballot
card, before separating the ballot cards from their | 9 | | respective
covering envelopes, the judges of election shall | 10 | | examine the ballot card
envelopes for write-in votes. When the | 11 | | voter has voted a write-in vote,
the judges of election shall | 12 | | compare the write-in vote with the votes on
the ballot card to | 13 | | determine whether such write-in results in an
overvote for any | 14 | | office. In case of an overvote for any office, the
judges of | 15 | | election, consisting in each case of at least one judge of
| 16 | | election of each of the two major political parties, shall | 17 | | make a true
duplicate ballot of all votes on such ballot card | 18 | | except for the office
which is overvoted, by using the ballot | 19 | | label booklet of the precinct
and one of the marking devices of | 20 | | the precinct so as to transfer all
votes of the voter except | 21 | | for the office overvoted, to an official
ballot card of that | 22 | | kind used in the precinct at that election. The
original | 23 | | ballot card and envelope upon which there is an overvote shall
| 24 | | be clearly labeled "Overvoted Ballot", and each shall bear the | 25 | | same
serial number which shall be placed thereon by the judges | 26 | | of election,
commencing with number 1 and continuing |
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| 1 | | consecutively for the ballots of
that kind in that precinct. | 2 | | The judges of election shall initial the
"Duplicate Overvoted | 3 | | Ballot" ballot cards and shall place them in the
box for return | 4 | | of the ballots. The "Overvoted Ballot" ballots and their
| 5 | | envelopes shall be placed in the "Duplicate Ballots" envelope. | 6 | | Envelopes
bearing write-in votes marked in the place | 7 | | designated therefor and
bearing the initials of a precinct | 8 | | judge of election and not resulting
in an overvote and | 9 | | otherwise complying with the election laws as to
marking shall | 10 | | be counted, tallied, and their votes recorded on a tally
sheet | 11 | | provided by the election official in charge of the election. | 12 | | The
ballot cards and ballot card envelopes shall be separated | 13 | | and all except
any defective or overvoted shall be placed | 14 | | separately in the box for
return of the ballots. The judges of | 15 | | election shall examine the
ballots and ballot cards to | 16 | | determine if any is damaged , or defective , or so
that it cannot | 17 | | otherwise be counted by the automatic tabulating equipment. If | 18 | | any
ballot or ballot card is damaged , or defective , or so that | 19 | | it cannot otherwise properly
be counted by the automatic | 20 | | tabulating equipment, the judges of
election, consisting in | 21 | | each case of at least one judge of election of
each of the two | 22 | | major political parties, shall make a true duplicate
ballot of | 23 | | all votes on such ballot card by using the ballot label
booklet | 24 | | of the precinct and one of the marking devices of the precinct.
| 25 | | The original ballot or ballot card and envelope shall be | 26 | | clearly labeled
"Damaged Ballot" and the ballot or ballot card |
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| 1 | | so produced "Duplicate
Damaged Ballot," and each shall bear | 2 | | the same number which shall be
placed thereon by the judges of | 3 | | election, commencing with number 1 and
continuing | 4 | | consecutively for the ballots of that kind in the precinct.
| 5 | | The judges of election shall initial the "Duplicate Damaged | 6 | | Ballot"
ballot or ballot cards, and shall place them in the box | 7 | | for return of
the ballots. The "Damaged Ballot" ballots or | 8 | | ballot cards and their
envelopes shall be placed in the | 9 | | "Duplicated Ballots" envelope. A slip
indicating the number of | 10 | | voters voting in person shall be made out, signed by all
judges | 11 | | of election, and inserted in the box for return of the ballots.
| 12 | | The tally sheets recording the write-in votes shall be placed | 13 | | in this
box. The judges of election thereupon immediately | 14 | | shall securely lock the
ballot box or other suitable
box | 15 | | furnished for return of the ballots by the election official | 16 | | in
charge of the election; provided that if such box is not of | 17 | | a type which
may be securely locked, such box shall be sealed | 18 | | with filament tape provided
for such purpose which shall be | 19 | | wrapped around the box lengthwise and crosswise,
at least | 20 | | twice each way. A separate adhesive seal label signed by each | 21 | | of
the judges of election of the precinct shall be affixed to | 22 | | the box so as
to cover any slot therein and to identify the box | 23 | | of the precinct; and
if such box is sealed with filament tape | 24 | | as provided herein rather than
locked, such tape shall be | 25 | | wrapped around the box as provided herein, but
in such manner | 26 | | that the separate adhesive seal label affixed to the box
and |
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| 1 | | signed by the judges may not be removed without breaking the | 2 | | filament
tape and disturbing the signature of the judges. | 3 | | Thereupon, 2 of the
judges of election, of different major | 4 | | political parties, forthwith shall
by the most direct route | 5 | | transport the box for
return of the ballots and enclosed | 6 | | ballots and returns to the central
counting location | 7 | | designated by the election official in charge of the
election. | 8 | | If, however, because of the lack of adequate parking
| 9 | | facilities at the central counting location or for any other | 10 | | reason, it
is impossible or impracticable for the boxes from | 11 | | all the polling places
to be delivered directly to the central | 12 | | counting location, the election
official in charge of the | 13 | | election may designate some other location to
which the boxes | 14 | | shall be delivered by the 2 precinct judges. While at
such | 15 | | other location the boxes shall be in the care and custody of | 16 | | one or
more teams, each consisting of 4 persons, 2 from each of | 17 | | the two major
political parties, designated for such purpose | 18 | | by the election official
in charge of elections from | 19 | | recommendations by the appropriate political
party | 20 | | organizations. As soon as possible, the boxes shall be | 21 | | transported
from such other location to the central counting | 22 | | location by one or more
teams, each consisting of 4 persons, 2 | 23 | | from each of the 2 major
political parties, designated for | 24 | | such purpose by the election official
in charge of elections | 25 | | from recommendations by the appropriate political
party | 26 | | organizations.
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| 1 | | The "Defective Ballots" envelope, and "Duplicated Ballots" | 2 | | envelope
each shall be securely sealed and the flap or end | 3 | | thereof of each signed
by the precinct judges of election and | 4 | | returned to the central counting
location with the box for | 5 | | return of the ballots, enclosed ballots and
returns.
| 6 | | At the central counting location, a team of tally judges | 7 | | designated
by the election official in charge of the election | 8 | | shall check the box
returned containing the ballots to | 9 | | determine that all seals are intact,
and thereupon shall open | 10 | | the box, check the voters' slip and compare the
number of | 11 | | ballots so delivered against the total number of voters of the
| 12 | | precinct who voted, remove the ballots or ballot cards and | 13 | | deliver them
to the technicians operating the automatic | 14 | | tabulating equipment. Any
discrepancies between the number of | 15 | | ballots and total number of voters
shall be noted on a sheet | 16 | | furnished for that purpose and signed by the
tally judges; or
| 17 | | (c) A single ballot box, for the deposit of all votes cast, | 18 | | shall be used.
Immediately after the closing of the polls, the | 19 | | precinct judges of election shall
securely
lock the ballot | 20 | | box; provided that if such box is not of a
type which may be | 21 | | securely locked, such box shall be sealed with filament
tape | 22 | | provided for such purpose which shall be wrapped around the | 23 | | box lengthwise
and crosswise, at least twice each way.
A | 24 | | separate adhesive seal label signed by each of the judges of | 25 | | election
of the precinct shall be affixed to the box so as to | 26 | | cover any slot therein
and to identify the box of the precinct; |
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| 1 | | and if such box is sealed with
filament tape as provided herein | 2 | | rather than locked, such tape shall be
wrapped around the box | 3 | | as provided herein, but in such manner that the separate
| 4 | | adhesive seal label affixed to the box and signed by the judges | 5 | | may not
be removed without breaking the filament tape and | 6 | | disturbing the signature
of the judges. Thereupon, 2 of the | 7 | | judges
of election, of different
major political parties, | 8 | | shall forthwith by the most direct route transport
the box for | 9 | | return of the ballots and enclosed vote by mail and early | 10 | | ballots
and returns
to the central counting location | 11 | | designated by the election official
in charge of the election. | 12 | | If however, because of the lack of adequate
parking facilities | 13 | | at the central counting location or for some other reason,
it | 14 | | is impossible or impracticable for the boxes from all the | 15 | | polling places
to be delivered directly to the central | 16 | | counting location, the election
official in charge of the | 17 | | election may designate some other location to
which the boxes | 18 | | shall be delivered by the 2 precinct judges. While at
such | 19 | | other location the boxes shall be in the care and custody of | 20 | | one or
more teams, each consisting of 4 persons, 2 from each of | 21 | | the two major
political
parties, designated for such purpose | 22 | | by the election official in charge
of elections from | 23 | | recommendations by the appropriate political party
| 24 | | organizations.
As soon as possible, the boxes shall be | 25 | | transported from such other location
to the central counting | 26 | | location by one or more teams, each consisting of
4 persons, 2 |
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| 1 | | from each of the 2 major political parties, designated for
| 2 | | such purpose by the election official in charge of the | 3 | | election from
recommendations
by the appropriate political | 4 | | party organizations.
| 5 | | At the central counting location there shall be one or | 6 | | more teams of tally
judges who possess the same qualifications | 7 | | as tally judges in election
jurisdictions
using paper ballots. | 8 | | The number of such teams shall be determined by the
election | 9 | | authority. Each team shall consist of 5 tally judges, 3 | 10 | | selected
and approved by the county board from a certified | 11 | | list furnished by the chair
of the county central committee of | 12 | | the party with the majority
of members on the county board and | 13 | | 2 selected and approved by the county
board from a certified | 14 | | list furnished by the chair of the county central
committee of | 15 | | the party with the second largest number of members
on the | 16 | | county board. At the central counting location a team of tally | 17 | | judges
shall open the ballot box and canvass the votes polled | 18 | | to determine that
the number of ballot sheets
therein agree | 19 | | with the number of voters voting as shown by the applications
| 20 | | for ballot; and, if the same do not agree, the tally judges | 21 | | shall make such
ballots agree with the number of applications | 22 | | for ballot in the manner provided
by Section 17-18 of this | 23 | | Code. The tally judges shall then examine
all ballot sheets | 24 | | which are in the ballot box to determine whether they
bear the | 25 | | initials of the precinct judge of election. If any ballot is | 26 | | not
initialed, it shall be marked on the back "Defective", |
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| 1 | | initialed as to such
label by all tally judges immediately | 2 | | under such word "Defective", and not
counted, but placed in | 3 | | the envelope provided for that purpose labeled
"Defective
| 4 | | Ballots Envelope". An overvote for one office shall invalidate
| 5 | | only the vote or count of that particular office.
| 6 | | At the central counting location, a team of tally judges | 7 | | designated
by the election official in charge of the election | 8 | | shall deliver the ballot
sheets to the technicians operating | 9 | | the automatic tabulating equipment.
Any discrepancies between | 10 | | the number of ballots and total number of voters
shall be noted | 11 | | on a sheet furnished for that purpose and signed by the tally
| 12 | | judges.
| 13 | | (2) Regardless of which procedure described in subsection | 14 | | (1) of this
Section is used,
the judges of election designated | 15 | | to transport the ballots, properly signed
and sealed as | 16 | | provided herein, shall ensure that the ballots are delivered
| 17 | | to the central counting station no later than 12 hours after | 18 | | the polls close.
At the central counting station a team of | 19 | | tally judges designated by the
election official in charge of | 20 | | the election shall examine the ballots so
transported and | 21 | | shall not accept ballots for tabulating which are not signed
| 22 | | and sealed as provided in subsection (1) of this Section until | 23 | | the
judges transporting the
same make and sign the necessary | 24 | | corrections. Upon acceptance of the ballots
by a team of tally | 25 | | judges at the central counting station, the election
judges | 26 | | transporting the same shall take a receipt signed by the |
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| 1 | | election
official in charge of the election and stamped with | 2 | | the date and time of
acceptance. The election judges whose | 3 | | duty it is to transport any ballots
shall, in the event
such | 4 | | ballots cannot be found when needed, on proper request, | 5 | | produce the
receipt which they are to take as above provided.
| 6 | | (Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
| 7 | | (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
| 8 | | Sec. 24A-10.1. In an election jurisdiction where | 9 | | in-precinct counting
equipment is utilized, the following | 10 | | procedures for counting and
tallying the ballots shall apply:
| 11 | | Immediately after the closing of the polls, the precinct | 12 | | judges of election shall open the ballot box and count the
| 13 | | number of ballots therein
to determine if such number agrees | 14 | | with the number of voters voting as shown
by the applications | 15 | | for ballot or, if the same do not agree, the judges
of election | 16 | | shall make such ballots agree with the applications for ballot
| 17 | | in the manner provided by Section 17-18 of this Act.
The judges | 18 | | of election shall then examine all ballot cards and ballot | 19 | | card
envelopes which are in the ballot box to determine | 20 | | whether the ballot cards
and ballot card envelopes contain the | 21 | | initials of a precinct judge of
election. If any ballot card or | 22 | | ballot card envelope is not initialed, it
shall be marked on | 23 | | the back "Defective", initialed as to such label by all
judges | 24 | | immediately under the word "Defective" and not counted. The | 25 | | judges of
election shall place an initialed blank official |
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| 1 | | ballot card in the place of
the defective ballot card, so that | 2 | | the count of the ballot cards to be counted
on the automatic | 3 | | tabulating equipment will be the same, and each "Defective
| 4 | | Ballot" card and "Replacement" card shall contain the same | 5 | | serial number
which shall be placed thereon by the judges of | 6 | | election, commencing with
number 1 and continuing | 7 | | consecutively for the ballots of that kind in that
precinct. | 8 | | The original "Defective" card shall be placed in the | 9 | | "Defective
Ballot Envelope" provided for that purpose.
| 10 | | When an electronic voting system is used which utilizes a | 11 | | ballot card,
before separating the remaining ballot cards from | 12 | | their respective covering
envelopes, the judges of election | 13 | | shall examine the ballot card envelopes
for write-in votes. | 14 | | When the voter has cast a write-in vote, the judges
of election | 15 | | shall compare the write-in vote with the votes on the ballot
| 16 | | card to determine whether such write-in results in an overvote | 17 | | for any office.
In case of an overvote for any office, the | 18 | | judges of election, consisting
in each case of at least
one | 19 | | judge of election of each of the 2 major political parties, | 20 | | shall make
a true duplicate ballot of all votes on such ballot | 21 | | card except for the
office which is overvoted, by using the | 22 | | ballot label booklet of the precinct
and one of the marking | 23 | | devices of the precinct so as to transfer all votes
of the | 24 | | voter, except for the office overvoted, to a duplicate card. | 25 | | The
original ballot card and envelope upon which there is an | 26 | | overvote shall
be clearly labeled
"Overvoted Ballot", and each |
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| 1 | | such "Overvoted Ballot" as well as its
"Replacement" shall | 2 | | contain the same serial number which shall be placed thereon | 3 | | by the
judges of election, commencing with number 1 and | 4 | | continuing consecutively
for the ballots of that kind in that | 5 | | precinct.
The "Overvoted Ballot" card and ballot envelope | 6 | | shall be placed in an envelope
provided for that purpose | 7 | | labeled "Duplicate Ballot" envelope, and the judges
of | 8 | | election shall initial the "Replacement" ballot
cards and | 9 | | shall place them with the other ballot cards to be counted on
| 10 | | the automatic tabulating
equipment. Envelopes containing | 11 | | write-in votes marked in the place designated
therefor and | 12 | | containing the initials of a precinct judge of election and
| 13 | | not resulting in an overvote and otherwise complying with the | 14 | | election laws
as to marking shall be counted and tallied and | 15 | | their votes recorded on a
tally sheet provided by the election | 16 | | authority.
| 17 | | The ballot cards and ballot card envelopes shall be | 18 | | separated in preparation
for counting by the automatic | 19 | | tabulating equipment provided for that
purpose by the election | 20 | | authority.
| 21 | | Before the ballots are entered into the automatic | 22 | | tabulating
equipment, a precinct identification card provided | 23 | | by the election authority
shall be entered into the device to | 24 | | ensure that the totals are all zeroes
in the count column on | 25 | | the printing unit. A precinct judge of election
shall then | 26 | | count the ballots
by entering each ballot card into the |
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| 1 | | automatic tabulating
equipment, and if any ballot or ballot | 2 | | card is damaged , or defective , or so that
it cannot otherwise | 3 | | properly be counted by the automatic tabulating equipment, the
| 4 | | judges of election, consisting in each case of at least one | 5 | | judge of election
of each of the
2 major political parties, | 6 | | shall make a true duplicate ballot of all votes
on such ballot | 7 | | card by using the ballot label booklet of the precinct and
one | 8 | | of the marking devices of the precinct. The original ballot or | 9 | | ballot
card and envelope shall be clearly labeled "Damaged | 10 | | Ballot" and the ballot
or ballot card so produced shall be | 11 | | clearly labeled "Duplicate Damaged Ballot",
and each shall | 12 | | contain the same serial number which shall be placed
thereon | 13 | | by the judges of election, commencing with number 1 and | 14 | | continuing
consecutively for the ballots of
that kind in the | 15 | | precinct. The judges of election shall initial the "Duplicate
| 16 | | Damaged Ballot" ballot or ballot cards and shall enter the
| 17 | | duplicate damaged cards into the automatic tabulating | 18 | | equipment. The "Damaged
Ballot" cards
shall be placed in the | 19 | | "Duplicated Ballots" envelope; after all ballot cards
have | 20 | | been successfully read, the judges of election shall check to | 21 | | make certain that
the last number printed by the printing unit | 22 | | is the same as the number of
voters making application for | 23 | | ballot in that precinct.
The number shall be listed on the | 24 | | "Statement of Ballots" form provided by
the election | 25 | | authority.
| 26 | | The totals for all candidates and propositions shall be |
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| 1 | | tabulated. One copy of an "In-Precinct Totals Report" shall be | 2 | | generated by the automatic tabulating equipment for return to | 3 | | the election authority. One copy of an "In-Precinct Totals | 4 | | Report" shall be generated and posted in a conspicuous place | 5 | | inside the polling place, provided that any authorized | 6 | | pollwatcher or other official authorized to be present in the | 7 | | polling place to observe the counting of ballots is present.
| 8 | | The judges of election shall
provide, if requested, a set | 9 | | for each authorized pollwatcher or other official authorized
| 10 | | to be present in the polling place to observe the counting of | 11 | | ballots. In addition,
sufficient
time shall be provided by the | 12 | | judges of election to the pollwatchers to
allow them to copy | 13 | | information from the copy
which has been posted.
| 14 | | The judges of election shall count all unused ballot cards | 15 | | and enter the
number on the "Statement of Ballots". All | 16 | | "Spoiled", "Defective" and
"Duplicated" ballot cards shall be | 17 | | counted and the number entered on the
"Statement of Ballots".
| 18 | | The precinct judges of election shall select a bi-partisan | 19 | | team of 2 judges,
who shall immediately return the ballots in a | 20 | | sealed container, along with
all other election materials as | 21 | | instructed by the election authority;
provided, however, that | 22 | | such container must first be sealed by the election
judges | 23 | | with filament tape provided for such purpose which shall be | 24 | | wrapped
around the container lengthwise and crosswise, at | 25 | | least twice each way, in
such manner that the ballots cannot be | 26 | | removed from such container without
breaking the seal and |
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| 1 | | filament tape and disturbing any signatures affixed
by the | 2 | | election judges to the container. The election authority shall | 3 | | keep
the office of the election authority, or any receiving | 4 | | stations designated
by such authority, open for at least 12 | 5 | | consecutive hours after the polls
close or until the ballots | 6 | | from all precincts with in-precinct counting
equipment within | 7 | | the jurisdiction of the election authority have been
returned | 8 | | to the election authority. Ballots returned to the office of | 9 | | the
election authority which are not signed and sealed as | 10 | | required by law shall
not be accepted by the election | 11 | | authority until the judges returning the
same make and sign | 12 | | the necessary corrections. Upon acceptance of the ballots
by | 13 | | the election authority, the judges returning the same shall | 14 | | take a
receipt signed by the election authority and stamped | 15 | | with the time and date
of such return. The election judges | 16 | | whose duty it is to return any ballots
as herein provided | 17 | | shall, in the event such ballots cannot be found when
needed, | 18 | | on proper request, produce the receipt which they are to take | 19 | | as above provided.
| 20 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | 21 | | 95-699, eff. 11-9-07.)
| 22 | | (10 ILCS 5/24A-14) (from Ch. 46, par. 24A-14)
| 23 | | Sec. 24A-14. Damaged, defective, or unreadable ballots; | 24 | | duplicates. If any ballot is damaged , or defective , or so that | 25 | | it cannot
otherwise properly be counted by the automatic |
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| 1 | | tabulating equipment, a true duplicate
copy shall be made of | 2 | | the damaged ballot in the presence of witnesses and
| 3 | | substituted for the damaged ballot. Likewise, a duplicate | 4 | | ballot shall be
made of a defective ballot which shall not | 5 | | include the invalid votes appearing on the original ballot . | 6 | | All
duplicate ballots shall be clearly labeled "duplicate", | 7 | | shall bear a serial
number which shall be registered on the | 8 | | damaged , or defective , or otherwise unreadable ballot, and
| 9 | | shall be counted in lieu of the damaged , or defective , or | 10 | | otherwise unreadable ballot.
| 11 | | (Source: Laws 1965, p. 2220.)
| 12 | | (10 ILCS 5/24B-10)
| 13 | | Sec. 24B-10. Receiving, counting, tallying and return of
| 14 | | ballots; acceptance of ballots by election authority. | 15 | | (a) In an election jurisdiction which has adopted an | 16 | | electronic Precinct
Tabulation Optical Scan Technology voting | 17 | | system, the election
official in charge of the election shall | 18 | | select one of the 3
following procedures for receiving, | 19 | | counting, tallying, and
return of the ballots:
| 20 | | (1) Two ballot boxes shall be provided for each | 21 | | polling
place. The first ballot box is for the depositing | 22 | | of votes cast
on the electronic voting system; and the | 23 | | second ballot box is for
all votes cast on other ballots, | 24 | | including any paper ballots required to be voted other | 25 | | than on
the Precinct Tabulation Optical Scan Technology |
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| 1 | | electronic voting
system. Ballots deposited in the second
| 2 | | ballot box shall be counted, tallied, and returned as is
| 3 | | elsewhere provided in this Code for the
counting and | 4 | | handling of paper ballots. Immediately after the
closing | 5 | | of the polls, the
judges of election shall make out a slip
| 6 | | indicating the number of persons who voted in the precinct | 7 | | at the
election. The slip shall be signed by all the judges | 8 | | of
election and shall be inserted by them in the first | 9 | | ballot box.
The judges of election shall thereupon | 10 | | immediately lock each
ballot box; provided, that if the | 11 | | box is not of a type which may
be securely locked, the box | 12 | | shall be sealed with filament tape
provided for the | 13 | | purpose that shall be wrapped around the box
lengthwise | 14 | | and crosswise, at least twice each way, and in a
manner | 15 | | that the seal completely covers the slot in the ballot
| 16 | | box, and each of the judges shall sign the seal. Two
of the | 17 | | judges of election, of different political parties, shall
| 18 | | by the most direct route transport both ballot
boxes to | 19 | | the counting location designated by the county clerk or
| 20 | | board of election commissioners.
| 21 | | Before the ballots of a precinct are fed to the | 22 | | electronic
Precinct Tabulation Optical Scan Technology | 23 | | tabulating equipment,
the first ballot box shall be opened | 24 | | at the central counting
station by the 2 precinct | 25 | | transport judges. Upon opening a
ballot box, the team | 26 | | shall first count the number of ballots in
the box. If 2 or |
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| 1 | | more are folded together to appear to
have been cast by the | 2 | | same person, all of the ballots folded
together shall be | 3 | | marked and returned with the other ballots in
the same | 4 | | condition, as near as may be, in which they were found
when | 5 | | first opened, but shall not be counted. If the remaining
| 6 | | ballots are found to exceed the number of persons voting | 7 | | in the
precinct as shown by the slip signed by the judges | 8 | | of election,
the ballots shall be replaced in the box, and | 9 | | the box closed and
well shaken and again opened and one of | 10 | | the precinct transport
judges shall publicly draw out so | 11 | | many ballots unopened as are
equal to the excess.
| 12 | | The excess ballots shall be marked "Excess-Not | 13 | | Counted" and
signed by the 2 precinct transport judges and | 14 | | shall be placed
in the "After 7:00 p.m. Defective Ballots | 15 | | Envelope". The number
of excess ballots shall be noted in | 16 | | the remarks section of the
Certificate of Results. | 17 | | "Excess" ballots shall not be counted in
the total of | 18 | | "defective" ballots.
| 19 | | The precinct transport judges shall then examine the
| 20 | | remaining ballots for write-in votes and shall count and | 21 | | tabulate
the write-in vote.
| 22 | | (2) A single ballot box, for the deposit of all votes | 23 | | cast,
shall be used. All ballots which are not to be | 24 | | tabulated on the
electronic voting system shall be | 25 | | counted, tallied, and returned
as elsewhere provided in | 26 | | this Code for the
counting and handling of paper ballots.
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| 1 | | All ballots to be processed and tabulated with the | 2 | | electronic
Precinct Tabulation Optical Scan Technology | 3 | | voting system shall
be processed as follows:
| 4 | | Immediately after the closing of the polls, the | 5 | | precinct judges of
election shall open the ballot box and | 6 | | canvass the votes
polled to determine that the number of | 7 | | ballots agree with
the number of voters voting as shown by | 8 | | the applications for
ballot, or if the same do not agree | 9 | | the judges of election shall
make such ballots agree with | 10 | | the applications for ballot in the
manner provided by | 11 | | Section 17-18 of this Code.
| 12 | | In case of an overvote for any office, the judges of
| 13 | | election, consisting in each case of at least one judge of
| 14 | | election of each of the 2 major political parties, shall | 15 | | make a
true duplicate ballot of all votes on the ballot | 16 | | except for
the office which is overvoted, by using the | 17 | | ballot of the
precinct and one of the marking devices, or | 18 | | equivalent ballot, of the
precinct to
transfer all votes | 19 | | of the voter except for the office overvoted,
to an | 20 | | official ballot of that kind used in the precinct at
that | 21 | | election. The original ballot upon which there is an
| 22 | | overvote shall be clearly labeled "Overvoted Ballot", and | 23 | | each
shall bear the same serial number which shall be | 24 | | placed thereon
by the judges of election, beginning with | 25 | | number 1 and
continuing consecutively for the ballots of | 26 | | that kind in that
precinct. The judges of election shall |
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| 1 | | initial the "Duplicate
Overvoted Ballot" ballots and shall | 2 | | place them in the box for
return of the ballots. The | 3 | | "Overvoted Ballot" ballots shall be
placed in the | 4 | | "Duplicate Ballots" envelope. The ballots except
any | 5 | | defective or overvoted ballot shall be placed separately | 6 | | in
the box for return of the ballots. The judges
of | 7 | | election shall examine the ballots to determine if any is
| 8 | | damaged , or defective , or so that it cannot otherwise be | 9 | | counted by the
automatic tabulating equipment. If any | 10 | | ballot is
damaged , or defective , or so that it cannot | 11 | | otherwise properly be counted by the
automatic tabulating | 12 | | equipment, the judges of election,
consisting in each case | 13 | | of at least one judge of election of each
of the 2 major | 14 | | political parties, shall make a true duplicate
ballot of | 15 | | all votes on such ballot by using the ballot of
the | 16 | | precinct and one of the marking devices, or equivalent | 17 | | ballot, of the
precinct. The
original ballot and ballot | 18 | | envelope shall be clearly
labeled "Damaged Ballot" and the | 19 | | ballot so
produced "Duplicate Damaged Ballot", and each | 20 | | shall bear the same
number which shall be placed thereon | 21 | | by the judges of election,
commencing with number 1 and | 22 | | continuing consecutively for the
ballots of that kind in | 23 | | the precinct. The judges of election
shall initial the | 24 | | "Duplicate Damaged Ballot" ballot and shall place them in
| 25 | | the box for return of the ballots.
The "Damaged Ballot" | 26 | | ballots
shall be placed in the "Duplicated Ballots" |
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| 1 | | envelope. A slip
indicating the number of voters voting in | 2 | | person and the total number
of voters of the precinct who | 3 | | voted at the election shall be made
out, signed by all | 4 | | judges of election, and inserted in the box
for return of | 5 | | the ballots. The tally sheets recording the write-in votes | 6 | | shall
be placed in this box. The judges of election | 7 | | immediately shall
securely lock the ballot box or other | 8 | | suitable box furnished for return of the
ballots by the | 9 | | election official in charge of the election; provided that | 10 | | if
the box is not of a type which may be securely locked, | 11 | | the box shall be
sealed with filament tape provided for | 12 | | the purpose which shall
be wrapped around the box | 13 | | lengthwise and crosswise, at least
twice each way. A | 14 | | separate adhesive seal label signed by each of
the judges | 15 | | of election of the precinct shall be affixed to the
box to | 16 | | cover any slot therein and to identify the box of
the | 17 | | precinct; and if the box is sealed with filament tape as
| 18 | | provided rather than locked, such tape shall be wrapped
| 19 | | around the box as provided, but in such manner that the
| 20 | | separate adhesive seal label affixed to the box and signed | 21 | | by the
judges may not be removed without breaking the | 22 | | filament tape and
disturbing the signature of the judges. | 23 | | Two of the
judges of election, of different major | 24 | | political parties,
shall by the most direct route | 25 | | transport the box for
return of the ballots and enclosed | 26 | | ballots and returns to the
central counting location |
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| 1 | | designated by the election official in
charge of the | 2 | | election. If, however, because of the lack of
adequate | 3 | | parking facilities at the central counting location or
for | 4 | | any other reason, it is impossible or impracticable for | 5 | | the
boxes from all the polling places to be delivered | 6 | | directly to the
central counting location, the election | 7 | | official in charge of the
election may designate some | 8 | | other location to which the boxes
shall be delivered by | 9 | | the 2 precinct judges. While at the other
location the | 10 | | boxes shall be in the care and custody of one or
more | 11 | | teams, each consisting of 4 persons, 2 from each of the 2
| 12 | | major political parties, designated for such purpose by | 13 | | the
election official in charge of elections from | 14 | | recommendations by
the appropriate political party | 15 | | organizations. As soon as
possible, the boxes shall be | 16 | | transported from the other location
to the central | 17 | | counting location by one or more teams, each
consisting of | 18 | | 4 persons, 2 from each of the 2 major political
parties, | 19 | | designated for the purpose by the election official in
| 20 | | charge of elections from recommendations by the | 21 | | appropriate
political party organizations.
| 22 | | The "Defective Ballots" envelope, and "Duplicated | 23 | | Ballots"
envelope each shall be securely sealed and the | 24 | | flap or end
of each envelope signed by the precinct judges | 25 | | of election and
returned to the central counting location | 26 | | with the box for return
of the ballots, enclosed ballots |
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| 1 | | and returns.
| 2 | | At the central counting location, a team of tally | 3 | | judges
designated by the election official in charge of | 4 | | the election
shall check the box returned containing the | 5 | | ballots to determine
that all seals are intact, and shall | 6 | | open the box,
check the voters' slip and compare the | 7 | | number of ballots so
delivered against the total number of | 8 | | voters of the precinct who
voted, remove the ballots and | 9 | | deliver them to the
technicians operating the automatic | 10 | | tabulating equipment. Any
discrepancies between the number | 11 | | of ballots and total number of
voters shall be noted on a | 12 | | sheet furnished for that purpose and
signed by the tally | 13 | | judges.
| 14 | | (3) A single ballot box, for the deposit of all votes | 15 | | cast,
shall be used. Immediately after the closing of the | 16 | | polls, the
precinct judges of election shall securely lock | 17 | | the ballot box;
provided that if such box is not of a type | 18 | | which may be securely
locked, the box shall be sealed with | 19 | | filament tape provided for
the purpose which shall be | 20 | | wrapped around the box lengthwise and
crosswise, at least | 21 | | twice each way. A separate adhesive seal
label signed by | 22 | | each of the judges of election of the precinct
shall be | 23 | | affixed to the box to cover any slot therein and
to | 24 | | identify the box of the precinct; and if the box is sealed
| 25 | | with filament tape as provided rather than locked, such
| 26 | | tape shall be wrapped around the box as provided, but in
a |
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| 1 | | manner that the separate adhesive seal label affixed to | 2 | | the
box and signed by the judges may not be removed without | 3 | | breaking
the filament tape and disturbing the signature of | 4 | | the judges.
Two of the judges of election, of different | 5 | | major
political parties, shall by the most direct route
| 6 | | transport the box for return of the ballots and enclosed | 7 | | vote by mail and early
ballots and returns to the central | 8 | | counting location designated
by the election official in | 9 | | charge of the election. If however,
because of the lack of | 10 | | adequate parking facilities at the central
counting | 11 | | location or for some other reason, it is impossible or
| 12 | | impracticable for the boxes from all the polling places to | 13 | | be
delivered directly to the central counting location, | 14 | | the election
official in charge of the election may | 15 | | designate some other
location to which the boxes shall be | 16 | | delivered by the 2 precinct
judges. While at the other | 17 | | location the boxes shall be in the
care and custody of one | 18 | | or more teams, each consisting of 4
persons, 2 from each of | 19 | | the 2 major political parties,
designated for the purpose | 20 | | by the election official in charge of
elections from | 21 | | recommendations by the appropriate political party
| 22 | | organizations. As soon as possible, the boxes shall be
| 23 | | transported from the other location to the central | 24 | | counting
location by one or more teams, each consisting of | 25 | | 4 persons, 2
from each of the 2 major political parties, | 26 | | designated for the
purpose by the election official in |
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| 1 | | charge of the election from
recommendations by the | 2 | | appropriate political party organizations.
| 3 | | At the central counting location there shall be one or | 4 | | more
teams of tally judges who possess the same | 5 | | qualifications as
tally judges in election jurisdictions | 6 | | using paper ballots. The
number of the teams shall be | 7 | | determined by the election
authority. Each team shall | 8 | | consist of 5 tally judges, 3 selected
and approved by the | 9 | | county board from a certified list furnished
by the chair | 10 | | of the county central committee of the party with
the | 11 | | majority of members on the county board and 2 selected and
| 12 | | approved by the county board from a certified list | 13 | | furnished by
the chair of the county central committee of | 14 | | the party with
the second largest number of members on the | 15 | | county board. At the
central counting location a team of | 16 | | tally judges shall open the
ballot box and canvass the | 17 | | votes polled to determine that the
number of ballot sheets | 18 | | therein agree with the number of voters
voting as shown by | 19 | | the applications for ballot and, if the same do not agree, | 20 | | the tally judges shall
make such ballots agree with the | 21 | | number of applications for
ballot in the manner provided | 22 | | by Section 17-18 of this
Code. The tally judges shall then | 23 | | examine all ballot sheets
that are in the ballot box to | 24 | | determine whether they bear the
initials of the precinct | 25 | | judge of election. If any ballot is not
initialed, it | 26 | | shall be marked on the back "Defective", initialed
as to |
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| 1 | | that label by all tally judges immediately under the word
| 2 | | "Defective", and not counted, but placed in the envelope | 3 | | provided
for that purpose labeled "Defective Ballots | 4 | | Envelope". An
overvote for one office shall invalidate | 5 | | only the vote or count
for that particular office.
| 6 | | At the central counting location, a team of tally | 7 | | judges
designated by the election official in charge of | 8 | | the election
shall deliver the ballot sheets to the | 9 | | technicians operating the
automatic Precinct Tabulation | 10 | | Optical Scan Technology tabulating
equipment. Any | 11 | | discrepancies between the number of ballots and
total | 12 | | number of voters shall be noted on a sheet furnished for
| 13 | | that purpose and signed by the tally judges.
| 14 | | (b) Regardless of which procedure described in subsection
| 15 | | (a) of this Section is used, the judges of election designated | 16 | | to
transport the ballots properly signed and sealed,
shall | 17 | | ensure that the ballots are delivered to the
central counting | 18 | | station no later than 12 hours after the polls
close. At the | 19 | | central counting station, a team of tally judges
designated by | 20 | | the election official in charge of the election
shall examine | 21 | | the ballots so transported and shall not accept
ballots for | 22 | | tabulating which are not signed and sealed as
provided in | 23 | | subsection (a) of this Section until the judges
transporting | 24 | | the ballots make and sign the necessary corrections.
Upon | 25 | | acceptance of the ballots by a team of tally judges at the
| 26 | | central counting station, the election judges transporting the
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| 1 | | ballots shall take a receipt signed by the election official | 2 | | in
charge of the election and stamped with the date and time of
| 3 | | acceptance. The election judges whose duty it is to transport
| 4 | | any ballots shall, in the event the ballots cannot be found | 5 | | when
needed, on proper request, produce the receipt which they | 6 | | are to
take as above provided.
| 7 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 8 | | (10 ILCS 5/24B-10.1)
| 9 | | Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures | 10 | | for Counting and
Tallying Ballots. In an election
jurisdiction | 11 | | where Precinct Tabulation Optical Scan Technology
counting | 12 | | equipment is used, the following procedures for
counting and | 13 | | tallying the ballots shall apply:
| 14 | | Before the opening of the polls, and before the ballots | 15 | | are
entered into the automatic tabulating equipment, the | 16 | | judges of
election shall be sure that the totals are all zeros | 17 | | in the
counting column. Ballots may then be counted by | 18 | | entering or scanning
each ballot into the automatic tabulating | 19 | | equipment.
Throughout the election day and before the closing | 20 | | of the polls, no person
may check any vote totals for any | 21 | | candidate or proposition on the automatic
tabulating | 22 | | equipment. Such automatic tabulating equipment shall be | 23 | | programmed
so that no person may reset the equipment for | 24 | | refeeding of ballots unless
provided a code from an authorized | 25 | | representative of the election
authority.
At the option of the |
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| 1 | | election authority, the ballots may be fed into the
Precinct | 2 | | Tabulation Optical Scan Technology
equipment by the voters | 3 | | under the direct
supervision of the judges of elections.
| 4 | | Immediately after the closing of the polls, the precinct | 5 | | judges of election shall open the ballot box
and count the | 6 | | number of ballots to determine if the
number agrees with the | 7 | | number of voters voting as shown on the
Precinct Tabulation | 8 | | Optical Scan Technology equipment and by the
applications for | 9 | | ballot or, if the same do not agree, the judges
of election | 10 | | shall make the ballots agree with the applications
for ballot | 11 | | in the manner provided by Section 17-18 of this Code.
The | 12 | | judges of election shall then examine all ballots which are
in | 13 | | the ballot box to determine whether the ballots contain the
| 14 | | initials of a precinct judge of election. If any ballot is not
| 15 | | initialed, it shall be marked on the back "Defective", | 16 | | initialed
as to such label by all judges immediately under the | 17 | | word
"Defective" and not counted. The judges of election shall | 18 | | place
an initialed blank official ballot in the place of the | 19 | | defective
ballot, so that the count of the ballots to be | 20 | | counted
on the automatic tabulating equipment will be the | 21 | | same, and each
"Defective Ballot" and "Replacement" ballot | 22 | | shall contain the
same serial number which shall be placed | 23 | | thereon by the judges of
election, beginning with number 1 and | 24 | | continuing consecutively
for the ballots of that kind in that | 25 | | precinct. The original
"Defective" ballot shall be placed in | 26 | | the "Defective Ballot
Envelope" provided for that purpose.
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| 1 | | If the judges of election have removed a ballot pursuant | 2 | | to Section 17-18,
have labeled "Defective" a ballot which is | 3 | | not initialed, or have otherwise
determined under this Code to | 4 | | not count a ballot originally deposited into a
ballot box, the | 5 | | judges of election shall be sure that the totals on the
| 6 | | automatic tabulating equipment are reset to all zeros in the | 7 | | counting column.
Thereafter the judges of election shall enter | 8 | | or otherwise scan each ballot
to be counted in the
automatic | 9 | | tabulating equipment. Resetting the automatic tabulating | 10 | | equipment
to all zeros and re-entering of ballots to be | 11 | | counted may occur at the precinct
polling place, the office of | 12 | | the election authority, or any receiving station
designated by | 13 | | the election authority. The election authority shall designate
| 14 | | the place for resetting and re-entering or re-scanning.
| 15 | | When a Precinct Tabulation Optical Scan Technology
| 16 | | electronic voting system is used which uses a paper ballot,
| 17 | | the judges of election shall examine the ballot for write-in
| 18 | | votes. When the voter has cast a write-in vote, the judges of
| 19 | | election shall compare the write-in vote with the votes on the
| 20 | | ballot to determine whether the write-in results in an | 21 | | overvote
for any office, unless the Precinct Tabulation | 22 | | Optical Scan
Technology equipment has already done so. In case | 23 | | of an overvote
for any office, the judges of election, | 24 | | consisting in each case
of at least one judge of election of | 25 | | each of the 2 major
political parties, shall make a true | 26 | | duplicate ballot of all
votes on such ballot except for the |
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| 1 | | office which is
overvoted, by using the ballot of the precinct | 2 | | and one of the
marking devices, or equivalent ballot, of the | 3 | | precinct so as to transfer
all votes
of
the voter, except for | 4 | | the office overvoted, to a duplicate
ballot. The original | 5 | | ballot upon which there is an overvote
shall be clearly | 6 | | labeled "Overvoted Ballot", and each such
"Overvoted Ballot" | 7 | | as well as its "Replacement" shall contain the
same serial | 8 | | number which shall be placed thereon by the judges of
| 9 | | election, beginning with number 1 and continuing consecutively
| 10 | | for the ballots of that kind in that precinct. The "Overvoted
| 11 | | Ballot" shall be placed in an envelope provided for that | 12 | | purpose
labeled "Duplicate Ballot" envelope, and the judges of | 13 | | election
shall initial the "Replacement" ballots and shall | 14 | | place them with
the other ballots to be counted on the | 15 | | automatic tabulating
equipment.
| 16 | | If any ballot is damaged , or defective, or if any ballot
| 17 | | otherwise contains a Voting Defect, so that it cannot properly | 18 | | be counted
by the automatic tabulating equipment, the voter or | 19 | | the judges of
election, consisting in each case of at least one | 20 | | judge of
election of each of the 2 major political parties, | 21 | | shall make a
true duplicate ballot of all votes on such ballot | 22 | | by using the
ballot of the precinct and one of the marking | 23 | | devices of the
precinct, or equivalent. If a damaged ballot, | 24 | | the original ballot shall be
clearly labeled "Damaged Ballot" | 25 | | and the ballot so produced shall
be clearly labeled "Damaged | 26 | | Ballot" and the ballot
so produced shall be clearly labeled |
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| 1 | | "Duplicate Damaged Ballot", and each
shall contain the same | 2 | | serial number which shall be placed
by the judges of election, | 3 | | beginning with number 1 and
continuing consecutively for the | 4 | | ballots of that kind in the
precinct. The judges of election | 5 | | shall initial the "Duplicate
Damaged Ballot" ballot and shall | 6 | | enter or otherwise scan the duplicate
damaged
ballot into the | 7 | | automatic tabulating equipment. The "Damaged
Ballots" shall be | 8 | | placed in the "Duplicated Ballots" envelope;
after all ballots | 9 | | have been successfully read, the judges of
election shall | 10 | | check to make certain that the Precinct Tabulation
Optical | 11 | | Scan Technology equipment readout agrees with the number
of | 12 | | voters making application for ballot in that precinct. The
| 13 | | number shall be listed on the "Statement of Ballots" form
| 14 | | provided by the election authority.
| 15 | | The totals for all candidates and propositions shall be | 16 | | tabulated. One copy of an "In-Precinct Totals Report" shall be | 17 | | generated by the automatic tabulating equipment for return to | 18 | | the election authority. One copy of an "In-Precinct Totals | 19 | | Report" shall be generated and posted in a conspicuous place | 20 | | inside the polling place, provided that any authorized | 21 | | pollwatcher or other official authorized to be present in the | 22 | | polling place to observe the counting of ballots is present.
| 23 | | The judges of election shall
provide, if requested, a copy
for | 24 | | each authorized pollwatcher or other official authorized to
be | 25 | | present in the polling place to observe the counting of
| 26 | | ballots. In addition, sufficient time shall be
provided by the |
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| 1 | | judges of election to the pollwatchers to allow
them to copy | 2 | | information from the copy which has been posted.
| 3 | | The judges of election shall count all unused ballots and
| 4 | | enter the number on the "Statement of Ballots". All "Spoiled",
| 5 | | "Defective" and "Duplicated" ballots shall be counted and the
| 6 | | number entered on the "Statement of Ballots".
| 7 | | The precinct judges of election shall select a bi-partisan
| 8 | | team of 2 judges, who shall immediately return the ballots in a
| 9 | | sealed container, along with all other election materials as
| 10 | | instructed by the election authority; provided, however, that
| 11 | | such container must first be sealed by the election judges | 12 | | with
filament tape or other approved sealing devices provided | 13 | | for the
purpose which shall be wrapped around the container | 14 | | lengthwise
and crosswise, at least twice each way, in a manner | 15 | | that the
ballots cannot be removed from the container without | 16 | | breaking
the seal and filament tape and disturbing any | 17 | | signatures affixed
by the election judges to the container, or | 18 | | which other approved
sealing devices are affixed in a manner | 19 | | approved by the election
authority. The election authority | 20 | | shall keep the office of the
election authority or any | 21 | | receiving stations designated by the
authority, open for at | 22 | | least 12 consecutive hours after the polls
close or until the | 23 | | ballots from all precincts with in-precinct
counting equipment | 24 | | within the jurisdiction of the election
authority have been | 25 | | returned to the election authority. Ballots
returned to the | 26 | | office of the election authority which are not
signed and |
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| 1 | | sealed as required by law shall not be accepted by the
election | 2 | | authority until the judges returning the ballots make and
sign | 3 | | the necessary corrections. Upon acceptance of the ballots
by | 4 | | the election authority, the judges returning the ballots shall
| 5 | | take a receipt signed by the election authority and stamped | 6 | | with
the time and date of the return. The election judges whose | 7 | | duty
it is to return any ballots as provided shall, in the
| 8 | | event the ballots cannot be found when needed, on proper
| 9 | | request, produce the receipt which they are to take as above
| 10 | | provided. The precinct judges of election shall also deliver
| 11 | | the Precinct Tabulation Optical Scan Technology equipment to | 12 | | the
election authority.
| 13 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | 14 | | 95-699, eff. 11-9-07.)
| 15 | | (10 ILCS 5/24B-14)
| 16 | | Sec. 24B-14. Damaged , defective, or unreadable ballots; | 17 | | duplicates Ballots; Duplicates . | 18 | | If any ballot is
damaged , or defective , or so that it cannot | 19 | | otherwise properly be counted by the
automatic Precinct | 20 | | Tabulation Optical Scan Technology tabulating
equipment, a | 21 | | true duplicate copy shall be made of the damaged
ballot in the | 22 | | presence of witnesses and substituted for the
original damaged | 23 | | ballot. Likewise, a duplicate ballot shall be made of a
| 24 | | defective ballot which shall not include the invalid votes | 25 | | appearing on the original ballot . All
duplicate ballots shall |
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| 1 | | be clearly labeled "Duplicate", shall
bear a serial number | 2 | | which shall be registered on the damaged , or
defective , or | 3 | | otherwise unreadable ballot, and shall be counted in lieu of | 4 | | the damaged , or
defective , or otherwise unreadable ballot.
| 5 | | (Source: P.A. 89-394, eff. 1-1-97.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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