Full Text of HB4819 95th General Assembly
HB4819 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4819
Introduced , by Rep. Mike Bost SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/19-8 |
from Ch. 46, par. 19-8 |
10 ILCS 5/19-10 |
from Ch. 46, par. 19-10 |
10 ILCS 5/19-20 |
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10 ILCS 5/19A-15 |
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10 ILCS 5/24A-6 |
from Ch. 46, par. 24A-6 |
10 ILCS 5/24B-6 |
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10 ILCS 5/24C-1 |
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10 ILCS 5/24C-6 |
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10 ILCS 5/24C-13 |
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10 ILCS 5/19-2.1 rep. |
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Amends the Election Code. Eliminates in-person absentee voting. Provides that early voting extends through the Monday (now, the 5th day) before an election.
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A BILL FOR
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HB4819 |
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LRB095 15828 JAM 41837 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 6-105, 19-8, 19-10, 19-20, 19A-15, 24A-6, 24B-6, | 6 |
| 24C-1, 24C-6, and 24C-13 as follows:
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| (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
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| Sec. 19-8. Time and place of counting ballots. | 9 |
| (a) (Blank.) | 10 |
| (b) Each absent voter's ballot returned to an election | 11 |
| authority, by any means authorized by this Article, and | 12 |
| received by that election authority before the closing of the | 13 |
| polls on election day shall be endorsed by the receiving | 14 |
| election authority with the day and hour of receipt and shall | 15 |
| be counted in the central ballot counting location of the | 16 |
| election authority on the day of the election after 7:00 p.m., | 17 |
| except as provided in subsections (g) and (g-5).
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| (c) Each absent voter's ballot that is mailed to an | 19 |
| election authority and postmarked by the midnight preceding the | 20 |
| opening of the polls on election day, but that is received by | 21 |
| the election authority after the polls close on election day | 22 |
| and before the close of the period for counting provisional | 23 |
| ballots cast at that election, shall be endorsed by the |
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| receiving authority with the day and hour of receipt and shall | 2 |
| be counted at the central ballot counting location of the | 3 |
| election authority during the period for counting provisional | 4 |
| ballots. | 5 |
| Each absent voter's ballot that is mailed to an election | 6 |
| authority absent a postmark, but that is received by the | 7 |
| election authority after the polls close on election day and | 8 |
| before the close of the period for counting provisional ballots | 9 |
| cast at that election, shall be endorsed by the receiving | 10 |
| authority with the day and hour of receipt, opened to inspect | 11 |
| the date inserted on the certification, and, if the | 12 |
| certification date is a date preceding the election day and the | 13 |
| ballot is otherwise found to be valid under the requirements of | 14 |
| this Section, counted at the central ballot counting location | 15 |
| of the election authority during the period for counting | 16 |
| provisional ballots. Absent a date on the certification, the | 17 |
| ballot shall not be counted.
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| (d) Special write-in absentee voter's blank ballots | 19 |
| returned to an election authority, by any means authorized by | 20 |
| this Article, and received by the election authority at any | 21 |
| time before the closing of the polls on election day shall be | 22 |
| endorsed by the receiving election authority with the day and | 23 |
| hour of receipt and shall be counted at the central ballot | 24 |
| counting location of the election authority during the same | 25 |
| period provided for counting absent voters' ballots under | 26 |
| subsections (b), (g), and (g-5). Special write-in absentee |
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| voter's blank ballots that are mailed to an election authority | 2 |
| and postmarked by the midnight preceding the opening of the | 3 |
| polls on election day, but that are received by the election | 4 |
| authority after the polls close on election day and before the | 5 |
| closing of the period for counting provisional ballots cast at | 6 |
| that election, shall be endorsed by the receiving authority | 7 |
| with the day and hour of receipt and shall be counted at the | 8 |
| central ballot counting location of the election authority | 9 |
| during the same periods provided for counting absent voters' | 10 |
| ballots under subsection (c). | 11 |
| (e) Except as otherwise provided in this Section, absent | 12 |
| voters' ballots and special write-in absentee voter's blank | 13 |
| ballots received by the election authority after the closing of | 14 |
| the polls on an
election day shall be endorsed by the election | 15 |
| authority receiving them
with the day and hour of receipt and | 16 |
| shall be safely kept unopened by the
election authority for the | 17 |
| period of time required for the preservation of
ballots used at | 18 |
| the election, and shall then, without being opened, be
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| destroyed in like manner as the used ballots of that election.
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| (f) Counting required under this Section to begin on | 21 |
| election day after the closing of the polls shall commence no | 22 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 23 |
| panels of election judges appointed in the manner provided
by | 24 |
| law. The counting shall continue until all absent voters' | 25 |
| ballots and special write-in absentee voter's blank ballots | 26 |
| required to be counted on election day have been counted.
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| (g) The procedures set forth in Articles 17 and
18 of this | 2 |
| Code shall apply to all ballots counted under
this Section. In | 3 |
| addition, within 2 days after an absentee ballot, other than an | 4 |
| in-person absentee ballot, is received, but in all cases before | 5 |
| the close of the period for counting provisional ballots, the | 6 |
| election judge or official shall compare the voter's signature | 7 |
| on the certification envelope of that absentee ballot with the | 8 |
| signature of the voter on file in the office of the election | 9 |
| authority. If the election judge or official determines that | 10 |
| the 2 signatures match, and that the absentee voter is | 11 |
| otherwise qualified to cast an absentee ballot, the election | 12 |
| authority shall cast and count the ballot on election day or | 13 |
| the day the ballot is determined to be valid, whichever is | 14 |
| later, adding the results to the precinct in which the voter is | 15 |
| registered. If the election judge or official determines that | 16 |
| the signatures do not match, or that the absentee voter is not | 17 |
| qualified to cast an absentee ballot, then without opening the | 18 |
| certification envelope, the judge or official shall mark across | 19 |
| the face of the certification envelope the word "Rejected" and | 20 |
| shall not cast or count the ballot. | 21 |
| In addition to the voter's signatures not matching, an | 22 |
| absentee ballot may be rejected by the election judge or | 23 |
| official: | 24 |
| (1) if the ballot envelope is open or has been opened | 25 |
| and resealed; | 26 |
| (2) if the voter has already cast an early or grace |
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| period ballot; | 2 |
| (3) if the voter voted in person on election day or the | 3 |
| voter is not a duly registered voter in the precinct; or | 4 |
| (4) on any other basis set forth in this Code. | 5 |
| If the election judge or official determines that any of | 6 |
| these reasons apply, the judge or official shall mark across | 7 |
| the face of the certification envelope the word "Rejected" and | 8 |
| shall not cast or count the ballot.
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| (g-5) If an absentee ballot, other than an in-person | 10 |
| absentee ballot, is rejected by the election judge or official | 11 |
| for any reason, the election authority shall, within 2 days | 12 |
| after the rejection but in all cases before the close of the | 13 |
| period for counting provisional ballots, notify the absentee | 14 |
| voter that his or her ballot was rejected. The notice shall | 15 |
| inform the voter of the reason or reasons the ballot was | 16 |
| rejected and shall state that the voter may appear before the | 17 |
| election authority, on or before the 14th day after the | 18 |
| election, to show cause as to why the ballot should not be | 19 |
| rejected. The voter may present evidence to the election | 20 |
| authority supporting his or her contention that the ballot | 21 |
| should be counted. The election authority shall appoint a panel | 22 |
| of 3 election judges to review the contested ballot, | 23 |
| application, and certification envelope, as well as any | 24 |
| evidence submitted by the absentee voter. No more than 2 | 25 |
| election judges on the reviewing panel shall be of the same | 26 |
| political party. The reviewing panel of election judges shall |
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| make a final determination as to the validity of the contested | 2 |
| absentee ballot. The judges' determination shall not be | 3 |
| reviewable either administratively or judicially. | 4 |
| An absentee ballot subject to this subsection that is | 5 |
| determined to be valid shall be counted before the close of the | 6 |
| period for counting provisional ballots.
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| (g-10) All absentee ballots determined to be valid shall be | 8 |
| added to the vote totals for the precincts for which they were | 9 |
| cast in the order in which the ballots were opened.
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| (h) Each political party, candidate, and qualified civic | 11 |
| organization shall be entitled to have present one pollwatcher | 12 |
| for each panel of election judges therein assigned.
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| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | 14 |
| 95-699, eff. 11-9-07.)
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| (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
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| Sec. 19-10. Pollwatchers may be appointed to observe | 17 |
| in-person absentee
voting procedures and view all reasonably | 18 |
| requested records relating to the conduct of the election, | 19 |
| provided the secrecy of the ballot is not impinged , at the | 20 |
| office of the election authority as well as at
municipal, | 21 |
| township or road district clerks' offices where such absentee
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| voting is conducted . Such pollwatchers shall qualify and be | 23 |
| appointed in
the same manner as provided in Sections 7-34 and | 24 |
| 17-23, except each
candidate, political party or organization | 25 |
| of citizens may appoint only one
pollwatcher for each location |
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| where in-person absentee voting is conducted.
Pollwatchers | 2 |
| must be registered to vote in Illinois and possess valid
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| pollwatcher credentials.
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| In the polling place on election day, pollwatchers shall be | 5 |
| permitted
to be present during the casting of the absent | 6 |
| voters' ballots and the vote
of any absent voter may be | 7 |
| challenged for cause the same as if he were
present and voted | 8 |
| in person, and the judges of the election or a majority
thereof | 9 |
| shall have power and authority to hear and determine the | 10 |
| legality
of such ballot; Provided, however, that if a challenge | 11 |
| to any absent
voter's right to vote is sustained, notice of the | 12 |
| same must be given by the
judges of election by mail addressed | 13 |
| to the voter's place of residence.
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| Where certain absent voters' ballots are counted on the day | 15 |
| of the election
in the office of the election authority as | 16 |
| provided in Section 19-8 of this
Act, each political party, | 17 |
| candidate and qualified civic organization shall
be entitled to | 18 |
| have present one pollwatcher for each panel of election judges
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| therein assigned. Such pollwatchers shall be subject to the | 20 |
| same provisions
as are provided for pollwatchers in Sections | 21 |
| 7-34 and 17-23 of this Code,
and shall be permitted to observe | 22 |
| the election judges making the signature
comparison between | 23 |
| that which is on the ballot envelope and that which is
on the | 24 |
| permanent voter registration record card taken from the master | 25 |
| file.
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| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
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| (10 ILCS 5/19-20)
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| Sec. 19-20. Report on absentee ballots. This Section | 3 |
| applies to absentee ballots other than in-person absentee | 4 |
| ballots. | 5 |
| On or before the 21st day after an election, each election | 6 |
| authority shall transmit to the State Board of Elections the | 7 |
| following information with respect to that election: | 8 |
| (1) The number, by precinct, of absentee ballots | 9 |
| requested, provided, and counted. | 10 |
| (2) The number of rejected absentee ballots. | 11 |
| (3) The number of voters seeking review of rejected | 12 |
| absentee ballots pursuant to subsection (g-5) of Section | 13 |
| 19-8. | 14 |
| (4) The number of absentee ballots counted following | 15 |
| review pursuant to subsection (g-5) of Section 19-8. | 16 |
| On or before the 28th day after an election, the State Board of | 17 |
| Elections shall compile the information received under this | 18 |
| Section with respect to that election and make that information | 19 |
| available to the public.
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| (Source: P.A. 94-1000, eff. 7-3-06.) | 21 |
| (10 ILCS 5/19A-15)
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| Sec. 19A-15. Period for early voting; hours.
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| (a) The period for early voting by personal appearance | 24 |
| begins the 22nd day preceding a general primary, consolidated |
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| primary, consolidated, or
general election and extends through | 2 |
| the Monday 5th day before election day.
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| (b) A permanent polling place for early voting must remain | 4 |
| open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | 5 |
| to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | 6 |
| Saturdays, Sundays, and holidays.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
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| Sec. 24A-6. The ballot information, whether placed on the | 10 |
| ballot or
on the marking device, shall, as far as practicable, | 11 |
| be in the order of
arrangement provided for paper ballots, | 12 |
| except that such information may
be in vertical or horizontal | 13 |
| rows, or in a number of separate pages.
Ballots for all | 14 |
| questions or propositions to be voted on must be
provided in | 15 |
| the same manner and must be arranged on or in the marking
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| device or on the ballot sheet in the places provided for such | 17 |
| purposes.
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| When an electronic voting system utilizes a ballot label | 19 |
| booklet and
ballot card, ballots for candidates, ballots | 20 |
| calling for a
constitutional convention, constitutional | 21 |
| amendment ballots, judicial
retention ballots, public | 22 |
| measures, and all propositions to be voted
upon may be placed | 23 |
| on the electronic voting device by providing in the
ballot | 24 |
| booklet separate ballot label pages or series of pages
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| distinguished by differing colors as provided below. When an |
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| electronic
voting system utilizes a ballot sheet, ballots | 2 |
| calling for a constitutional
convention, constitutional | 3 |
| amendment ballots and judicial retention ballots
shall be | 4 |
| placed on the ballot sheet by providing a separate portion of | 5 |
| the
ballot sheet for each such kind of ballot which shall be | 6 |
| printed in ink
of a color distinct from the color of ink used | 7 |
| in printing any other portion
of the ballot sheet. Ballots for | 8 |
| candidates, public measures and all other
propositions to be | 9 |
| voted upon shall be placed on the ballot sheet by providing
a | 10 |
| separate portion of the ballot sheet for each such kind of | 11 |
| ballot. Whenever a person has submitted a declaration of intent | 12 |
| to be a write-in candidate as required in Sections 17-16.1 and | 13 |
| 18-9.1,
a line
on which the name of a candidate may be written | 14 |
| by the voter shall be printed below the name of the last | 15 |
| candidate nominated for such office, and immediately
to the | 16 |
| left of such line an area shall be provided for marking a vote | 17 |
| for
such write-in candidate. The number of write-in lines for | 18 |
| an office shall equal the number of persons who have filed | 19 |
| declarations of intent to be write-in candidates plus an | 20 |
| additional line or lines for write-in candidates who qualify to | 21 |
| file declarations to be write-in candidates under Sections | 22 |
| 17-16.1 and 18-9.1 when the certification of ballot contains | 23 |
| the words "OBJECTION PENDING" next to the name of the | 24 |
| candidate, up to the number of candidates for which a voter may | 25 |
| vote. More than one amendment to the constitution may
be placed | 26 |
| on the same ballot page or series of pages or on the same |
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| portion
of the ballot sheet, as the case may be. Ballot label | 2 |
| pages for
constitutional conventions or constitutional | 3 |
| amendments shall be on paper
of blue color and shall precede | 4 |
| all other ballot label pages in the ballot
label booklet. More | 5 |
| than one public measure or proposition may be placed
on the | 6 |
| same ballot label page or series of pages or on the same | 7 |
| portion of
the ballot sheet, as the case may be. More than one | 8 |
| proposition for
retention of judges in office may be placed on | 9 |
| the same ballot label page
or series of pages or on the same | 10 |
| portion of the ballot sheet, as the case
may be. Ballot label | 11 |
| pages for candidates shall be on paper of white
color, except | 12 |
| that in primary elections the ballot label page or pages for
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| the candidates of each respective political party shall be of | 14 |
| the color
designated by the election official in charge of the | 15 |
| election for that
political party's candidates; provided that | 16 |
| the ballot label pages or pages
for candidates for use at the | 17 |
| nonpartisan and consolidated elections may be
on paper of | 18 |
| different colors, except blue, whenever necessary or desirable
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| to facilitate distinguishing between the pages for different | 20 |
| political
subdivisions. On each page
of
the candidate booklet, | 21 |
| where the election is made to list ballot
information | 22 |
| vertically, the party affiliation of each candidate or the word
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| "independent" shall appear immediately to the left of the | 24 |
| candidate's
name, and the name of candidates for the same | 25 |
| office shall be listed
vertically under the title of that | 26 |
| office. In the case of nonpartisan
elections for officers of |
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| political subdivisions, unless the statute or
an ordinance | 2 |
| adopted pursuant to Article VII of the Constitution
requires | 3 |
| otherwise, the listing of such nonpartisan candidates shall not
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| include any party or "independent" designation. Ballot label | 5 |
| pages for
judicial retention ballots shall be on paper of green | 6 |
| color, and ballot
label pages for all public measures and other | 7 |
| propositions shall be on
paper of some other distinct and | 8 |
| different color. In primary elections,
a separate ballot label | 9 |
| booklet, marking device and voting booth shall
be used for each | 10 |
| political party holding a primary, with the ballot
label | 11 |
| booklet arranged to include ballot label pages of the | 12 |
| candidates
of the party and public measures and other | 13 |
| propositions to be voted upon
on the day of the primary | 14 |
| election. One ballot card may be used for
recording the voter's | 15 |
| vote or choice on all such ballots, proposals,
public measures | 16 |
| or propositions, and such ballot card shall be arranged
so as | 17 |
| to record the voter's vote or choice in a separate column or
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| columns for each such kind of ballot, proposal, public measure | 19 |
| or
proposition.
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| If the ballot label booklet includes both candidates for | 21 |
| office and
public measures or propositions to be voted on, the | 22 |
| election official in
charge of the election shall divide the | 23 |
| pages by protruding tabs
identifying the division of the pages, | 24 |
| and printing on such tabs
"Candidates" and "Propositions".
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| The ballot card and all of its columns and the ballot card | 26 |
| envelope
shall be of the color prescribed for candidate's |
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| ballots at the general
or primary election, whichever is being | 2 |
| held. At an election where no
candidates are being nominated or | 3 |
| elected, the ballot card, its columns,
and the ballot card | 4 |
| envelope shall be of a color designated by the election
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| official in charge of the election.
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| The ballot cards, ballot card envelopes and ballot sheets | 7 |
| may, at the
discretion of the election authority, be printed on | 8 |
| white paper and then
striped with the appropriate colors.
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| When ballot sheets are used, the various portions thereof | 10 |
| shall be arranged
to conform to the foregoing format.
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| Absentee ballots may consist of ballot cards, envelopes, | 12 |
| paper ballots
or ballot sheets voted in person in the office of | 13 |
| the election official in
charge of the election or voted by | 14 |
| mail. Where a ballot card is used for
voting by mail it must be | 15 |
| accompanied by a punching tool or other
appropriate marking | 16 |
| device, voter instructions and a specimen ballot
showing the | 17 |
| proper positions to vote on the ballot card or ballot sheet for
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| each party, candidate, proposal, public measure or | 19 |
| proposition, and in the
case of a ballot card must be mounted | 20 |
| on a suitable material to receive the
punched out chip.
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| Any voter who spoils his ballot or makes an error may | 22 |
| return the
ballot to the judges of election and secure another. | 23 |
| However, the
protruding identifying tab for proposals for a | 24 |
| constitutional convention
or constitutional amendments shall | 25 |
| have printed thereon "Constitutional
Ballot", and the ballot | 26 |
| label page or pages for such proposals shall
precede the ballot |
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| label pages for candidates in the ballot label
booklet.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| (10 ILCS 5/24B-6)
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| Sec. 24B-6. Ballot Information; Arrangement; Electronic | 5 |
| Precinct
Tabulation Optical Scan Technology Voting System; | 6 |
| Absentee
Ballots; Spoiled Ballots. The ballot information, | 7 |
| shall, as far
as practicable, be in the order of arrangement | 8 |
| provided for paper
ballots, except that the information may be | 9 |
| in vertical or
horizontal rows, or on a number of separate | 10 |
| pages or displays on the marking
device. Ballots for
all | 11 |
| questions or propositions to be voted on should be provided
in | 12 |
| a similar manner and must be arranged on the ballot sheet or | 13 |
| marking
device in
the places provided for such purposes. | 14 |
| Ballots shall be of white
paper unless provided otherwise by | 15 |
| administrative rule of the State Board of
Elections or | 16 |
| otherwise specified.
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| All propositions, including but not limited to | 18 |
| propositions
calling for a constitutional convention, | 19 |
| constitutional
amendment, judicial retention, and public | 20 |
| measures to be voted
upon shall be placed on separate portions | 21 |
| of the ballot sheet or marking
device by
utilizing borders or | 22 |
| grey screens. Candidates shall be listed on
a separate portion | 23 |
| of the ballot sheet or marking device by utilizing
borders or
| 24 |
| grey screens. Whenever a person has submitted a declaration of | 25 |
| intent to be a write-in candidate as required in Sections |
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| 17-16.1 and 18-9.1,
a line or lines on which the voter
may | 2 |
| select a
write-in candidate shall be printed below the name of | 3 |
| the last candidate nominated for such office. Such line or | 4 |
| lines shall be proximate to an area provided for marking
votes | 5 |
| for the write-in candidate or
candidates. The number of | 6 |
| write-in lines for an office shall equal the number
of persons | 7 |
| who have filed declarations of intent to be write-in candidates | 8 |
| plus an additional line or lines for write-in candidates who | 9 |
| qualify to file declarations to be write-in candidates under | 10 |
| Sections 17-16.1 and 18-9.1 when the certification of ballot | 11 |
| contains the words "OBJECTION PENDING" next to the name of that | 12 |
| candidate, up to the number of
candidates
for which a voter may | 13 |
| vote. More than one amendment to the constitution may be
placed | 14 |
| on the
same portion of the ballot sheet or marking device.
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| Constitutional convention or constitutional amendment
| 16 |
| propositions shall be printed or displayed on a separate | 17 |
| portion of the
ballot
sheet or marking device and designated by | 18 |
| borders or grey screens, unless
otherwise
provided by | 19 |
| administrative rule of the State Board of Elections.
More than | 20 |
| one public measure or proposition may be placed on the
same | 21 |
| portion of the ballot sheet or marking device. More than
one | 22 |
| proposition for retention of judges in office may be placed
on | 23 |
| the same portion of the ballot sheet or marking device.
Names | 24 |
| of candidates shall be printed in black. The party
affiliation | 25 |
| of each candidate or the word "independent" shall
appear near | 26 |
| or under the candidate's name, and the names of
candidates for |
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| the same office shall be listed vertically under
the title of | 2 |
| that office, on separate pages of the marking device, or as
| 3 |
| otherwise approved by the State Board of Elections. In the case | 4 |
| of
nonpartisan elections
for officers of political | 5 |
| subdivisions, unless the statute or an
ordinance adopted | 6 |
| pursuant to Article VII of the Constitution
requires otherwise, | 7 |
| the listing of nonpartisan candidates
shall not include any | 8 |
| party or "independent" designation.
Judicial retention
| 9 |
| questions and ballot questions for all public measures and | 10 |
| other propositions
shall be designated by borders or grey | 11 |
| screens on the ballot or marking
device.
In primary
elections, | 12 |
| a separate ballot, or displays on the marking device, shall be
| 13 |
| used for each political
party holding a primary, with the | 14 |
| ballot or marking device arranged to
include
names of the | 15 |
| candidates of the party and public measures and
other | 16 |
| propositions to be voted upon on the day of the primary
| 17 |
| election.
| 18 |
| If the ballot includes both candidates for office and | 19 |
| public
measures or propositions to be voted on, the election | 20 |
| official in
charge of the election shall divide the ballot or | 21 |
| displays on the marking
device in sections for
"Candidates" and | 22 |
| "Propositions", or separate ballots may be used.
| 23 |
| Absentee ballots may consist of envelopes, paper ballots or
| 24 |
| ballot sheets voted in person in the office of the election
| 25 |
| official in charge of the election or voted by mail. Where a
| 26 |
| Precinct Tabulation Optical Scan Technology ballot is used for
|
|
|
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HB4819 |
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LRB095 15828 JAM 41837 b |
|
| 1 |
| voting by mail it must be accompanied by voter instructions.
| 2 |
| Any voter who spoils his or her ballot, makes an error, or | 3 |
| has a ballot
returned by the automatic tabulating equipment may | 4 |
| return
the ballot to the judges of election and get another | 5 |
| ballot.
| 6 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 7 |
| (10 ILCS 5/24C-1)
| 8 |
| Sec. 24C-1. Purpose. The purpose of this Article is to
| 9 |
| authorize the use of Direct Recording Electronic Voting Systems
| 10 |
| approved by the State Board of Elections. In a Direct Recording
| 11 |
| Electronic Voting System, voters cast votes by means of a | 12 |
| ballot
display provided with mechanical or electro-optical | 13 |
| devices that
can be activated by the voters to mark their | 14 |
| choices for the
candidates of their preference and for or | 15 |
| against public
questions. Such voting devices shall be capable | 16 |
| of
instantaneously recording such votes, storing such votes,
| 17 |
| producing a permanent paper record and tabulating such votes at
| 18 |
| the precinct or at one or more counting stations. This Article
| 19 |
| authorizes the use of Direct Recording Electronic Voting | 20 |
| Systems
for in-precinct counting applications and for | 21 |
| in-person absentee
voting in the office of the election | 22 |
| authority and in the
offices of local officials authorized by | 23 |
| the election authority
to conduct such absentee voting . All | 24 |
| other absentee ballots
must be counted at the office of the | 25 |
| election authority.
|
|
|
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HB4819 |
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LRB095 15828 JAM 41837 b |
|
| 1 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 2 |
| (10 ILCS 5/24C-6)
| 3 |
| Sec. 24C-6. Ballot Information; Arrangement; Direct
| 4 |
| Recording Electronic Voting System; Absentee Ballots; Spoiled
| 5 |
| Ballots. The ballot information, shall, as far as practicable,
| 6 |
| be in the order of arrangement provided for paper ballots,
| 7 |
| except that the information may be in vertical or horizontal
| 8 |
| rows, or on a number of separate pages or display screens.
| 9 |
| Ballots for all public questions to be voted on should be
| 10 |
| provided in a similar manner and must be arranged on the ballot
| 11 |
| in the places provided for such purposes. All public questions,
| 12 |
| including but not limited to public questions calling for a
| 13 |
| constitutional convention, constitutional amendment, or | 14 |
| judicial
retention, shall be placed on the ballot separate and | 15 |
| apart from
candidates. Ballots for all public questions shall | 16 |
| be clearly
designated by borders or different color screens. | 17 |
| More than one
amendment to the constitution may be placed on | 18 |
| the same portion
of the ballot sheet. Constitutional convention | 19 |
| or
constitutional amendment propositions shall be placed on a
| 20 |
| separate portion of the ballot and designated by borders or
| 21 |
| unique color screens, unless otherwise provided by
| 22 |
| administrative rule of the State Board of Elections. More than
| 23 |
| one public question may be placed on the same portion of the
| 24 |
| ballot. More than one proposition for retention of judges in
| 25 |
| office may be placed on the same portion of the ballot.
|
|
|
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HB4819 |
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LRB095 15828 JAM 41837 b |
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| 1 |
| The party affiliation, if any, of each candidate or the
| 2 |
| word "independent", where applicable, shall appear near or | 3 |
| under
the candidate's name, and the names of candidates for the | 4 |
| same
office shall be listed vertically under the title of that
| 5 |
| office. In the case of nonpartisan elections for officers of
| 6 |
| political subdivisions, unless the statute or an ordinance
| 7 |
| adopted pursuant to Article VII of the Constitution requires
| 8 |
| otherwise, the listing of nonpartisan candidates shall not
| 9 |
| include any party or "independent" designation. In primary
| 10 |
| elections, a separate ballot shall be used for each political
| 11 |
| party holding a primary, with the ballot arranged to include
| 12 |
| names of the candidates of the party and public questions and
| 13 |
| other propositions to be voted upon on the day of the primary
| 14 |
| election.
| 15 |
| If the ballot includes both candidates for office and
| 16 |
| public questions or propositions to be voted on, the election
| 17 |
| official in charge of the election shall divide the ballot in
| 18 |
| sections for "Candidates" and "Public Questions", or separate
| 19 |
| ballots may be used.
| 20 |
| Any voter who spoils his or her ballot, makes an error, or
| 21 |
| has a ballot rejected by the automatic tabulating equipment
| 22 |
| shall be provided a means of correcting the ballot or obtaining
| 23 |
| a new ballot prior to casting his or her ballot.
| 24 |
| Any election authority using a Direct Recording Electronic
| 25 |
| Voting System may use voting systems approved for use under
| 26 |
| Articles 24A or 24B of this Code in conducting absentee voting
|
|
|
|
HB4819 |
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LRB095 15828 JAM 41837 b |
|
| 1 |
| in the office of the election authority or voted by mail.
| 2 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 3 |
| (10 ILCS 5/24C-13)
| 4 |
| Sec. 24C-13. Absentee ballots; Early voting ballots; | 5 |
| Proceedings at Location for
Central Counting; Employees; | 6 |
| Approval of List.
| 7 |
| (a) All jurisdictions using Direct Recording Electronic
| 8 |
| Voting Systems shall use paper ballots or paper ballot sheets
| 9 |
| approved for use under Articles 16, 24A or 24B of this Code | 10 |
| when
conducting absentee voting except that Direct Recording
| 11 |
| Electronic Voting Systems may be used for in-person absentee
| 12 |
| voting conducted pursuant to Section 19-2.1 of this Code . All
| 13 |
| absentee ballots shall be counted at the central ballot | 14 |
| counting location of the election
authority. The provisions of | 15 |
| Section 24A-9, 24B-9 and 24C-9 of
this Code shall apply to the | 16 |
| testing and notice requirements for
central count tabulation | 17 |
| equipment, including comparing the
signature on the ballot | 18 |
| envelope with the signature of the voter
on the permanent voter | 19 |
| registration record card taken from the
master file. Vote | 20 |
| results shall be recorded by precinct and shall
be added to the | 21 |
| vote results for the precinct in which the
absent voter was | 22 |
| eligible to vote prior to completion of the
official canvass.
| 23 |
| (b) All proceedings at the location for central counting
| 24 |
| shall be under the direction of the county clerk or board of
| 25 |
| election commissioners. Except for any specially trained
|
|
|
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HB4819 |
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LRB095 15828 JAM 41837 b |
|
| 1 |
| technicians required for the operation of the Direct Recording
| 2 |
| Electronic Voting System, the employees at the counting station
| 3 |
| shall be equally divided between members of the 2 leading
| 4 |
| political parties and all duties performed by the employees
| 5 |
| shall be by teams consisting of an equal number of members of
| 6 |
| each political party. Thirty days before an election the county
| 7 |
| clerk or board of election commissioners shall submit to the
| 8 |
| chairman of each political party, for his or her approval or
| 9 |
| disapproval, a list of persons of his or her party proposed to
| 10 |
| be employed. If a chairman fails to notify the election
| 11 |
| authority of his or her disapproval of any proposed employee
| 12 |
| within a period of 10 days thereafter the list shall be deemed
| 13 |
| approved.
| 14 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 15 |
| 94-1000, eff. 7-3-06.)
| 16 |
| (10 ILCS 5/19-2.1 rep.)
| 17 |
| Section 10. The Election Code is amended by repealing | 18 |
| Section 19-2.1.
|
|