Full Text of HB3930 96th General Assembly
HB3930 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3930
Introduced 2/26/2009, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/16-6 |
from Ch. 46, par. 16-6 |
10 ILCS 5/24A-6 |
from Ch. 46, par. 24A-6 |
10 ILCS 5/24B-6 |
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Amends the Election Code. Requires that a proposition to call a constitutional convention appear on a separate ballot before all other measures and that it contain no explanation of the proposition or the convention or of the effect of failing to vote.
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A BILL FOR
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HB3930 |
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LRB096 10289 JAM 20459 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 16-6, 24A-6, and 24B-6 as follows:
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| (10 ILCS 5/16-6) (from Ch. 46, par. 16-6)
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| Sec. 16-6.
Whenever one or more proposals for amendment of | 8 |
| the
constitution or the calling of a constitutional convention | 9 |
| or any
combination thereof is or are to be voted upon by the | 10 |
| people, the
proposition or propositions for the adoption or | 11 |
| rejection of such
amendment or amendments or convention shall | 12 |
| be submitted upon a ballot
separate from the "Official Ballot" | 13 |
| containing the names of candidates
for State and other offices | 14 |
| to be voted at such election. Such separate
ballot shall be | 15 |
| printed on a separate sheet of paper containing no other ballot | 16 |
| measures, upon paper of a distinctly blue color and shall,
as | 17 |
| near as may be practicable, be of uniform size and blue color, | 18 |
| but
any variation in the size of such ballots or in the | 19 |
| tincture of blue
employed shall not affect or impair the | 20 |
| validity thereof. Preceding
each proposal to amend the | 21 |
| constitution shall be printed the brief
explanation of the | 22 |
| amendment, prepared by the General Assembly, or in the
case of | 23 |
| a proposed amendment initiated by petition pursuant to Section
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HB3930 |
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LRB096 10289 JAM 20459 b |
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| 3 of Article XIV of the Constitution of the State of Illinois | 2 |
| by the principal
proponents of the amendment as approved by the | 3 |
| Attorney General, and
immediately below the explanation, the | 4 |
| proposition shall be printed in
substantially the following | 5 |
| form:
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| -------------------------------------------------------------
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| YES For the proposed amendment
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| ---------- to Article ______ (or Section
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| NO _______ of Article ______) of
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| the Constitution.
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| -------------------------------------------------------------
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| In the case of a proposition for the calling of a | 13 |
| constitutional
convention, no explanation of the proposition | 14 |
| (or the constitutional convention) shall be printed. The such | 15 |
| proposition shall be printed in substantially the
following | 16 |
| form:
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| -------------------------------------------------------------
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| YES For the calling
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| ---------- of a Constitutional
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| NO Convention.
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| -------------------------------------------------------------
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| On the back or outside of the ballot so as to appear when | 23 |
| folded,
shall be printed the words "CONSTITUTION BALLOT", | 24 |
| followed by the
designation of the polling place for which the | 25 |
| ballot is prepared, the
date of the election and a facsimile of | 26 |
| the signature of the clerk or
other officer who has caused the |
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| ballots to be printed. Immediately
above the words | 2 |
| "CONSTITUTION BALLOT" in the case of a proposition for
the | 3 |
| calling of a constitutional convention the following legend | 4 |
| shall be
printed in bold face type:
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| "NOTICE
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| THE FAILURE TO VOTE THIS BALLOT IS THE EQUIVALENT OF A | 7 |
| NEGATIVE VOTE.
(THIS IS NOT TO BE CONSTRUED AS A DIRECTION THAT | 8 |
| YOUR VOTE IS REQUIRED
TO BE CAST EITHER IN FAVOR OF OR IN | 9 |
| OPPOSITION TO THE PROPOSITION HEREIN
CONTAINED.)
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| WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO | 11 |
| THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
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| Immediately above the words "CONSTITUTION BALLOT" in the | 13 |
| case of a
proposition to amend the Constitution the following | 14 |
| legend shall be
printed in bold face type:
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| "NOTICE
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| WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO | 17 |
| THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
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| If a proposition for the calling of a constitutional | 19 |
| convention is
submitted at the same election as one or more | 20 |
| propositions to amend the
constitution, the proposition for the | 21 |
| calling of a constitutional
convention shall precede all other | 22 |
| ballot measures be printed at the top of the ballot . In such | 23 |
| case, the
back or outside of the ballot shall be printed the | 24 |
| same as if it were a
proposal solely to amend the constitution.
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| Where voting machines or electronic voting systems are | 26 |
| used, the
provisions of this Section may be modified as |
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| required or authorized by
Article 24 , or Article 24A , or | 2 |
| Article 24B , whichever is applicable.
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| (Source: P.A. 81-163 .)
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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 | 6 |
| ballot or
on the marking device, shall, as far as practicable, | 7 |
| be in the order of
arrangement provided for paper ballots, | 8 |
| except that such information may
be in vertical or horizontal | 9 |
| rows, or in a number of separate pages.
Ballots for all | 10 |
| questions or propositions to be voted on must be
provided in | 11 |
| 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 | 13 |
| purposes.
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| When an electronic voting system utilizes a ballot label | 15 |
| booklet and
ballot card, ballots for candidates, ballots | 16 |
| calling for a
constitutional convention, constitutional | 17 |
| amendment ballots, judicial
retention ballots, public | 18 |
| measures, and all propositions to be voted
upon may be placed | 19 |
| on the electronic voting device by providing in the
ballot | 20 |
| booklet separate ballot label pages or series of pages
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| distinguished by differing colors as provided below. When an | 22 |
| electronic
voting system utilizes a ballot sheet, ballots | 23 |
| calling for a constitutional
convention, constitutional | 24 |
| amendment ballots and judicial retention ballots
shall be | 25 |
| placed on the ballot sheet by providing a separate portion of |
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| the
ballot sheet for each such kind of ballot which shall be | 2 |
| printed in ink
of a color distinct from the color of ink used | 3 |
| in printing any other portion
of the ballot sheet. Ballots for | 4 |
| candidates, public measures and all other
propositions to be | 5 |
| voted upon shall be placed on the ballot sheet by providing
a | 6 |
| separate portion of the ballot sheet for each such kind of | 7 |
| ballot. Whenever a person has submitted a declaration of intent | 8 |
| to be a write-in candidate as required in Sections 17-16.1 and | 9 |
| 18-9.1,
a line
on which the name of a candidate may be written | 10 |
| by the voter shall be printed below the name of the last | 11 |
| candidate nominated for such office, and immediately
to the | 12 |
| left of such line an area shall be provided for marking a vote | 13 |
| for
such write-in candidate. The number of write-in lines for | 14 |
| an office shall equal the number of persons who have filed | 15 |
| declarations of intent to be write-in candidates plus an | 16 |
| additional line or lines for write-in candidates who qualify to | 17 |
| file declarations to be write-in candidates under Sections | 18 |
| 17-16.1 and 18-9.1 when the certification of ballot contains | 19 |
| the words "OBJECTION PENDING" next to the name of the | 20 |
| candidate, up to the number of candidates for which a voter may | 21 |
| vote. More than one amendment to the constitution may
be placed | 22 |
| on the same ballot page or series of pages or on the same | 23 |
| portion
of the ballot sheet, as the case may be. For | 24 |
| constitutional convention propositions, no other ballot | 25 |
| measures shall be placed on the same ballot page or series of | 26 |
| pages or on the same portion of the ballot sheet. Ballot label |
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| pages for
constitutional conventions or constitutional | 2 |
| amendments shall be on paper
of blue color and shall precede | 3 |
| all other ballot label pages in the ballot
label booklet. For | 4 |
| all other public measures and propositions, more More than one | 5 |
| public measure or proposition may be placed
on the same ballot | 6 |
| label page or series of pages or on the same portion of
the | 7 |
| ballot sheet, as the case may be. More than one proposition for
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| retention of judges in office may be placed on the same ballot | 9 |
| label page
or series of pages or on the same portion of the | 10 |
| ballot sheet, as the case
may be. Ballot label pages for | 11 |
| candidates shall be on paper of white
color, except that in | 12 |
| primary elections the ballot label page or pages for
the | 13 |
| candidates of each respective political party shall be of the | 14 |
| 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. If no candidate or candidates file for an office and if |
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| no person or persons file a declaration as a write-in candidate | 2 |
| for that office, then below the title of that office the | 3 |
| election authority instead shall print "No Candidate". In the | 4 |
| case 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 such nonpartisan candidates shall not
include | 8 |
| any party or "independent" designation. Ballot label pages for
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| judicial retention ballots shall be on paper of green color, | 10 |
| and ballot
label pages for all public measures and other | 11 |
| propositions shall be on
paper of some other distinct and | 12 |
| different color. In primary elections,
a separate ballot label | 13 |
| booklet, marking device and voting booth shall
be used for each | 14 |
| political party holding a primary, with the ballot
label | 15 |
| booklet arranged to include ballot label pages of the | 16 |
| candidates
of the party and public measures and other | 17 |
| propositions to be voted upon
on the day of the primary | 18 |
| election. One ballot card may be used for
recording the voter's | 19 |
| vote or choice on all such ballots, proposals,
public measures | 20 |
| or propositions, and such ballot card shall be arranged
so as | 21 |
| 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 | 23 |
| or
proposition.
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| If the ballot label booklet includes both candidates for | 25 |
| office and
public measures or propositions to be voted on, the | 26 |
| election official in
charge of the election shall divide the |
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| pages by protruding tabs
identifying the division of the pages, | 2 |
| and printing on such tabs
"Candidates" and "Propositions".
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| The ballot card and all of its columns and the ballot card | 4 |
| envelope
shall be of the color prescribed for candidate's | 5 |
| ballots at the general
or primary election, whichever is being | 6 |
| held. At an election where no
candidates are being nominated or | 7 |
| elected, the ballot card, its columns,
and the ballot card | 8 |
| 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 | 11 |
| may, at the
discretion of the election authority, be printed on | 12 |
| white paper and then
striped with the appropriate colors.
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| When ballot sheets are used, the various portions thereof | 14 |
| shall be arranged
to conform to the foregoing format.
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| Absentee ballots may consist of ballot cards, envelopes, | 16 |
| paper ballots
or ballot sheets voted in person in the office of | 17 |
| the election official in
charge of the election or voted by | 18 |
| mail. Where a ballot card is used for
voting by mail it must be | 19 |
| accompanied by a punching tool or other
appropriate marking | 20 |
| device, voter instructions and a specimen ballot
showing the | 21 |
| proper positions to vote on the ballot card or ballot sheet for
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| each party, candidate, proposal, public measure or | 23 |
| proposition, and in the
case of a ballot card must be mounted | 24 |
| 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 | 26 |
| return the
ballot to the judges of election and secure another. |
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| However, the
protruding identifying tab for proposals for a | 2 |
| constitutional convention
or constitutional amendments shall | 3 |
| have printed thereon "Constitutional
Ballot", and the ballot | 4 |
| label page or pages for such proposals shall
precede the ballot | 5 |
| label pages for candidates in the ballot label
booklet.
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| (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)
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| (10 ILCS 5/24B-6)
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| Sec. 24B-6. Ballot Information; Arrangement; Electronic | 9 |
| Precinct
Tabulation Optical Scan Technology Voting System; | 10 |
| Absentee
Ballots; Spoiled Ballots. The ballot information, | 11 |
| shall, as far
as practicable, be in the order of arrangement | 12 |
| provided for paper
ballots, except that the information may be | 13 |
| in vertical or
horizontal rows, or on a number of separate | 14 |
| pages or displays on the marking
device. Ballots for
all | 15 |
| questions or propositions to be voted on should be provided
in | 16 |
| a similar manner and must be arranged on the ballot sheet or | 17 |
| marking
device in
the places provided for such purposes. | 18 |
| Ballots shall be of white
paper unless provided otherwise by | 19 |
| administrative rule of the State Board of
Elections or | 20 |
| otherwise specified.
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| All propositions, including but not limited to | 22 |
| propositions
calling for a constitutional convention, | 23 |
| constitutional
amendment, judicial retention, and public | 24 |
| measures to be voted
upon shall be placed on separate portions | 25 |
| of the ballot sheet or marking
device by
utilizing borders or |
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| grey screens. Candidates shall be listed on
a separate portion | 2 |
| of the ballot sheet or marking device by utilizing
borders or
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| grey screens. Whenever a person has submitted a declaration of | 4 |
| intent to be a write-in candidate as required in Sections | 5 |
| 17-16.1 and 18-9.1,
a line or lines on which the voter
may | 6 |
| select a
write-in candidate shall be printed below the name of | 7 |
| the last candidate nominated for such office. Such line or | 8 |
| lines shall be proximate to an area provided for marking
votes | 9 |
| for the write-in candidate or
candidates. The number of | 10 |
| write-in lines for an office shall equal the number
of persons | 11 |
| who have filed declarations of intent to be write-in candidates | 12 |
| plus an additional line or lines for write-in candidates who | 13 |
| qualify to file declarations to be write-in candidates under | 14 |
| Sections 17-16.1 and 18-9.1 when the certification of ballot | 15 |
| contains the words "OBJECTION PENDING" next to the name of that | 16 |
| candidate, up to the number of
candidates
for which a voter may | 17 |
| vote. More than one amendment to the constitution may be
placed | 18 |
| on the
same portion of the ballot sheet or marking device.
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| Constitutional convention propositions shall precede all other | 20 |
| ballot measures, and no other ballot measures shall be placed | 21 |
| on the same portion of the ballot sheet or marking device. | 22 |
| Constitutional convention or constitutional amendment
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| propositions shall be printed or displayed on a separate | 24 |
| portion of the
ballot
sheet or marking device and designated by | 25 |
| borders or grey screens, unless
otherwise
provided by | 26 |
| administrative rule of the State Board of Elections.
For |
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| constitutional convention propositions, the separate portion | 2 |
| of the ballot sheet or marking device shall precede, and not | 3 |
| contain, any other ballot measures. For all other public | 4 |
| measures and propositions, more More than one public measure or | 5 |
| proposition may be placed on the
same portion of the ballot | 6 |
| sheet or marking device. More than
one proposition for | 7 |
| retention of judges in office may be placed
on the same portion | 8 |
| of the ballot sheet or marking device.
Names of candidates | 9 |
| shall be printed in black. The party
affiliation of each | 10 |
| candidate or the word "independent" shall
appear near or under | 11 |
| the candidate's name, and the names of
candidates for the same | 12 |
| office shall be listed vertically under
the title of that | 13 |
| office, on separate pages of the marking device, or as
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| otherwise approved by the State Board of Elections. If no | 15 |
| candidate or candidates file for an office and if no person or | 16 |
| persons file a declaration as a write-in candidate for that | 17 |
| office, then below the title of that office the election | 18 |
| authority instead shall print "No Candidate". In the case of
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| nonpartisan elections
for officers of political subdivisions, | 20 |
| unless the statute or an
ordinance adopted pursuant to Article | 21 |
| VII of the Constitution
requires otherwise, the listing of | 22 |
| nonpartisan candidates
shall not include any party or | 23 |
| "independent" designation.
Judicial retention
questions and | 24 |
| ballot questions for all public measures and other propositions
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| shall be designated by borders or grey screens on the ballot or | 26 |
| marking
device.
In primary
elections, a separate ballot, or |
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| displays on the marking device, shall be
used for each | 2 |
| political
party holding a primary, with the ballot or marking | 3 |
| device arranged to
include
names of the candidates of the party | 4 |
| and public measures and
other propositions to be voted upon on | 5 |
| the day of the primary
election.
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| If the ballot includes both candidates for office and | 7 |
| public
measures or propositions to be voted on, the election | 8 |
| official in
charge of the election shall divide the ballot or | 9 |
| displays on the marking
device in sections for
"Candidates" and | 10 |
| "Propositions", or separate ballots may be used.
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| Absentee ballots may consist of envelopes, paper ballots or
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| ballot sheets voted in person in the office of the election
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| official in charge of the election or voted by mail. Where a
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| Precinct Tabulation Optical Scan Technology ballot is used for
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| voting by mail it must be accompanied by voter instructions.
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| Any voter who spoils his or her ballot, makes an error, or | 17 |
| has a ballot
returned by the automatic tabulating equipment may | 18 |
| return
the ballot to the judges of election and get another | 19 |
| ballot.
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| (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)
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