093_SB1803sam001

 










                                     LRB093 11310 JAM 13280 a

 1                    AMENDMENT TO SENATE BILL 1803

 2        AMENDMENT NO.     .  Amend Senate Bill 1803 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Election  Code  is amended by changing
 5    Sections 7-19, 7-46, 7-47,  7-49,  7-52,  7-53,  7-54,  7-55,
 6    7-66,  15-6,  16-11,  17-9, 17-43, 18-5, 18-40, 19-2.1, 19-7,
 7    19-8, 19-9, 19-10,  19-12.2,  19-15,  20-2,  20-2.1,  20-2.2,
 8    20-7,  20-8,  20-9,  and  20-15  and by adding Article 24C as
 9    follows:

10        (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
11        Sec. 7-19.  Arrangement and printing of  primary  ballot.
12    The  primary ballot of each political party for each precinct
13    shall be arranged and printed  substantially  in  the  manner
14    following:
15        1.   Designating words. At the top of the ballot shall be
16    printed in  large  capital  letters,  words  designating  the
17    ballot,  if  a Republican ballot, the designating words shall
18    be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic  ballot  the
19    designating  words shall be: "DEMOCRATIC PRIMARY BALLOT"; and
20    in like manner for each political party.
21        2.  Order of Names, Directions to Voters, etc.  Beginning
22    not  less  than one inch below designating words, the name of
 
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 1    each office to be filled shall be printed in capital letters.
 2    Such names may be printed on the ballot either  in  a  single
 3    column  or  in  2 or more columns and in the following order,
 4    to-wit:
 5        President  of   the   United   States,   State   offices,
 6    congressional  offices,  delegates and alternate delegates to
 7    be elected from the State at  large  to  National  nominating
 8    conventions,  delegates and alternate delegates to be elected
 9    from   congressional   districts   to   National   nominating
10    conventions,  member  or  members  of   the   State   central
11    committee,  trustees  of  sanitary districts, county offices,
12    judicial  officers,  city,  village  and  incorporated   town
13    offices,  town  offices,  or  of  such of the said offices as
14    candidates are to be  nominated  for  at  such  primary,  and
15    precinct,  township  or  ward  committeemen.  If  two or more
16    columns are used, the  foregoing  offices  to  and  including
17    member  of the State central committee shall be listed in the
18    left-hand  column  and  Senatorial  offices,  as  defined  in
19    Section 8-3, shall be the first offices listed in the  second
20    column.
21        Below  the  name of each office shall be printed in small
22    letters the directions to voters: "Vote for one";  "Vote  for
23    two";  "Vote  for three"; or a spelled number designating how
24    many persons under that head are to be voted for.
25        Next to the  name  of  each  candidate  for  delegate  or
26    alternate  delegate to a national nominating convention shall
27    appear either (a) the name of the candidate's preference  for
28    President  of  the United States or the word "uncommitted" or
29    (b) no official designation, depending upon the action  taken
30    by  the State central committee pursuant to Section 7-10.3 of
31    this Act.
32        Below the name of each office shall be printed in capital
33    letters the names of all candidates, arranged in the order in
34    which their petitions for nominations were filed,  except  as
 
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 1    otherwise provided in Sections 7-14 and 7-17 of this Article.
 2    Opposite  and in front of the name of each candidate shall be
 3    printed a square and all  squares  upon  the  primary  ballot
 4    shall  be  of  uniform  size.  Spaces  between  the  names of
 5    candidates under each office shall be uniform and  sufficient
 6    spaces  shall separate the names of candidates for one office
 7    from the names of candidates for  another  office,  to  avoid
 8    confusion  and to permit the writing in of the names of other
 9    candidates.
10        Where voting machines, or electronic voting  systems,  or
11    Direct  Recording  Electronic  Voting  Systems  are used, the
12    provisions  of  this  Article  Section  may  be  modified  as
13    required or authorized by Article  24,  or  Article  24A,  or
14    Article 24C, whichever is applicable.
15    (Source: P.A. 83-33.)

16        (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
17        Sec.  7-46.  Voting  of  ballot;  writing  in  names.  On
18    receiving from the primary judges a  primary  ballot  of  his
19    party,  the  primary  elector  shall  forthwith  and  without
20    leaving  the polling place, retire alone to one of the voting
21    booths and prepare such primary ballot by marking a cross (X)
22    in the square in front of  and  opposite  the  name  of  each
23    candidate of his choice for each office to be filled, and for
24    delegates  and  alternate  delegates  to  national nominating
25    conventions, and for committeemen, if committeemen are  being
26    elected at such primary.
27        Any  primary  elector  may,  instead  of  voting  for any
28    candidate for nomination or for committeeman or for  delegate
29    or  alternate  delegate  to  national nominating conventions,
30    whose name is printed on the primary  ballot,  write  in  the
31    name  of  any  other  person  affiliated with such party as a
32    candidate  for  the  nomination  for  any  office,   or   for
33    committeeman,  or  for  delegates  or  alternate delegates to
 
                            -4-      LRB093 11310 JAM 13280 a
 1    national nominating conventions, and indicate his  choice  of
 2    such  candidate  or  committeeman  or  delegate  or alternate
 3    delegate, by placing to the left of  and  opposite  the  name
 4    thus written a square and placing in the square a cross (X).
 5        Where  voting  machines, or electronic voting systems, or
 6    Direct Recording Electronic  Voting  Systems  are  used,  the
 7    provisions  of  this  Article  section  may  be  modified  as
 8    required  or  authorized  by  Article  24, or Article 24A, or
 9    Article 24C, whichever is applicable.
10    (Source: Laws 1965, p. 2220.)

11        (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
12        Sec. 7-47.  Folding and delivery of ballot; entry in poll
13    book. Before leaving the booth,  the  primary  elector  shall
14    fold  his  primary  ballot  in  such manner as to conceal the
15    marks thereon.  Such  voter  shall  then  vote  forthwith  by
16    handing the primary judge the primary ballot received by such
17    voter. Thereupon the primary judge shall deposit such primary
18    ballot  in  the ballot box. One of the judges shall thereupon
19    enter in the primary  poll  book  the  name  of  the  primary
20    elector,  his  residence  and  his party affiliation or shall
21    make the entries on the official poll record as  required  by
22    articles 4, 5 and 6, if any one of them is applicable.
23        Where  voting  machines, or electronic voting systems, or
24    Direct Recording Electronic  Voting  Systems  are  used,  the
25    provisions  of  this  Article  section  may  be  modified  as
26    required  or  authorized  by  Article  24, or Article 24A, or
27    Article 24C, whichever is applicable.
28    (Source: Laws 1965, p. 2220.)

29        (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
30        Sec. 7-49. No adjournment  or  recess  after  opening  of
31    polls.   After  the  opening  of  the  polls  at a primary no
32    adjournment shall be had nor recess taken until  the  canvass
 
                            -5-      LRB093 11310 JAM 13280 a
 1    of  all  the  votes  is  completed  and the returns carefully
 2    enveloped and sealed.
 3        Where voting machines, or electronic voting  systems,  or
 4    Direct  Recording  Electronic  Voting  Systems  are used, the
 5    provisions  of  this  Article  section  may  be  modified  as
 6    required or authorized by Article  24,  or  Article  24A,  or
 7    Article 24C, whichever is applicable.
 8    (Source: Laws 1965, p. 2220.)

 9        (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
10        Sec.  7-52.  Precinct canvass of votes.  Immediately upon
11    closing the  polls,  the  primary  judges  shall  proceed  to
12    canvass the votes in the manner following:
13        (1)  They  shall  separate  and count the ballots of each
14    political party.
15        (2)  They shall then proceed to ascertain the  number  of
16    names entered on the applications for ballot under each party
17    affiliation.
18        (3)  If the primary ballots of any political party exceed
19    the  number  of  applications  for  ballot  by voters of such
20    political party, the primary ballots of such political  party
21    shall  be  folded  and  replaced  in  the ballot box, the box
22    closed, well shaken and again opened and one of  the  primary
23    judges,  who  shall be blindfolded, shall draw out so many of
24    the primary ballots of such political party as shall be equal
25    to  such  excess.   Such  excess  ballots  shall  be   marked
26    "Excess-Not  Counted"  and signed by a majority of the judges
27    and shall be placed in the "After 6:00 p.m. Defective Ballots
28    Envelope". The number of excess ballots shall be noted in the
29    remarks section of  the  Certificate  of  Results.   "Excess"
30    ballots  shall  not  be  counted  in the total of "defective"
31    ballots;
32        (4)  The primary judges shall then proceed to  count  the
33    primary  ballots  of  each political party separately; and as
 
                            -6-      LRB093 11310 JAM 13280 a
 1    the primary judges shall open and read the primary ballots, 3
 2    of  the  judges  shall  carefully  and  correctly  mark  upon
 3    separate tally sheets the votes which each candidate  of  the
 4    party  whose name is written or printed on the primary ballot
 5    has received, in a separate column for that purpose, with the
 6    name of such candidate, the name of his political  party  and
 7    the  name  of  the  office  for  which  he is a candidate for
 8    nomination at the head of such column.
 9        Where voting machines, or electronic voting  systems,  or
10    Direct  Recording  Electronic  Voting  Systems  are used, the
11    provisions  of  this  Article  section  may  be  modified  as
12    required or authorized by Article  24,  or  Article  24A,  or
13    Article 24C, whichever is applicable.
14    (Source: P.A. 80-484.)

15        (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
16        Sec.  7-53.  Tally  sheets;  certificate  of results.  As
17    soon as the ballots of a political party shall have been read
18    and the votes of the political party counted, as provided  in
19    the  last  above Section, the 3 judges in charge of the tally
20    sheets shall foot up the tally sheets so as to show the total
21    number of votes cast for  each  candidate  of  the  political
22    party  and  for each candidate for State Central committeeman
23    and precinct  committeeman,  township  committeeman  or  ward
24    committeeman, and delegate and alternate delegate to National
25    nominating  conventions,  and certify the same to be correct.
26    Thereupon, the primary judges shall set down in a certificate
27    of results  on  the  tally  sheet,  under  the  name  of  the
28    political  party,  the  name of each candidate voted for upon
29    the primary ballot, written at full length, the name  of  the
30    office  for  which  he  is  a candidate for nomination or for
31    committeeman, or delegate or alternate delegate  to  National
32    nominating  conventions,  the total number of votes which the
33    candidate received, and they shall also set  down  the  total
 
                            -7-      LRB093 11310 JAM 13280 a
 1    number  of  ballots  voted  by  the  primary  electors of the
 2    political party in the precinct.  The certificate of  results
 3    shall be made substantially in the following form:
 4                                           ................ Party
 5        At  the primary election held in the .... precinct of the
 6    (1) *township of ...., or (2) *City of  ....,  or  (3)  *....
 7    ward  in  the  city  of  ....  on  (insert date), the primary
 8    electors of the  ....  party  voted  ....  ballots,  and  the
 9    respective  candidates whose names were written or printed on
10    the primary ballot of the .... party,  received  respectively
11    the following votes:
12    Name of                                                No. of
13    Candidate,                 Title of Office,             Votes
14    John Jones                 Governor                       100
15    Sam Smith                  Governor                        70
16    Frank Martin               Attorney General               150
17    William Preston            Rep. in Congress               200
18    Frederick John             Circuit Judge                   50
19        *Fill in either (1), (2) or (3).
20        And so on for each candidate.
21        We  hereby certify the above and foregoing to be true and
22    correct.
23        Dated (insert date).
24                              ...................................
25                              Name                        Address
26                              ...................................
27                              Name                        Address
28                              ...................................
29                              Name                        Address
30                              ...................................
31                              Name                        Address
32                              ...................................
33                              Name                        Address
34                                     Judges of Primary
 
                            -8-      LRB093 11310 JAM 13280 a
 1        Where voting machines, or electronic voting  systems,  or
 2    Direct  Recording  Electronic  Voting  Systems  are used, the
 3    provisions  of  this  Article  Section  may  be  modified  as
 4    required or authorized by Article 24,  and  Article  24A,  or
 5    Article 24C, whichever is applicable.
 6    (Source: P.A. 91-357, eff. 7-29-99.)

 7        (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
 8        Sec.   7-54.  Binding  and  sealing  ballots;  report  of
 9    results.  After the votes of  a  political  party  have  been
10    counted  and  set  down  and  the tally sheets footed and the
11    entry made in the primary poll  books  or  return,  as  above
12    provided,  all  the  primary ballots of said political party,
13    except those marked "defective" or  "objected  to"  shall  be
14    securely  bound,  lengthwise  and  in width, with a soft cord
15    having a minimum tensile strength of 60 pounds separately for
16    each political party in  the  order  in  which  said  primary
17    ballots  have  been  read,  and  shall thereupon be carefully
18    sealed in an envelope, which envelope shall  be  endorsed  as
19    follows:
20        "Primary  ballots of the.... party of the.... precinct of
21    the county of.... and State of Illinois."
22        Below each endorsement, each primary  judge  shall  write
23    his name.
24        Immediately  thereafter the judges shall designate one of
25    their number to go to the nearest telephone and report to the
26    office of the county clerk or board of election commissioners
27    (as the case may be) the results of such primary. Such  clerk
28    or board shall keep his or its office open after the close of
29    the  polls  until  he  or  it has received from each precinct
30    under his or its jurisdiction the report above provided  for.
31    Immediately  upon  receiving  such report such clerk or board
32    shall cause the same to be posted in a public place in his or
33    its office for inspection by the  public.  Immediately  after
 
                            -9-      LRB093 11310 JAM 13280 a
 1    making  such  report  such  judge shall return to the polling
 2    place.
 3        Where voting machines, or electronic voting  systems,  or
 4    Direct  Recording  Electronic  Voting  Systems  are used, the
 5    provisions  of  this  Article  section  may  be  modified  as
 6    required or authorized by Article  24,  or  Article  24A,  or
 7    Article 24C, whichever is applicable.
 8    (Source: P.A. 81-1433.)

 9        (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
10        Sec.   7-55.  Delivery   and   acceptance   of   election
11    materials.   The  primary  poll  books  or  the official poll
12    record, and the tally sheets with  the  certificates  of  the
13    primary  judges  written thereon, together with the envelopes
14    containing the ballots, including the envelope containing the
15    ballots  marked  "defective"  or  "objected  to",  shall   be
16    carefully   enveloped   and   sealed  up  together,  properly
17    endorsed, and the primary judges shall elect  2  judges  (one
18    from   each  of  the  major  political  parties),  who  shall
19    immediately deliver the same  to  the  clerk  from  whom  the
20    primary  ballots were obtained, which clerk shall safely keep
21    the same for 2 months, and thereafter shall safely  keep  the
22    poll  books  until the next primary.  Each election authority
23    shall keep the office  of  the  election  authority,  or  any
24    receiving  stations designated by such authority, open for at
25    least 12 consecutive hours after the polls  close,  or  until
26    the  judges  of  each  precinct under the jurisdiction of the
27    election authority have delivered to the  election  authority
28    all  the  above  materials  sealed  up  together and properly
29    endorsed as provided  herein.   Materials  delivered  to  the
30    election authority which are not in the condition required by
31    this  Section shall not be accepted by the election authority
32    until the judges  delivering  the  same  make  and  sign  the
33    necessary  corrections.   Upon acceptance of the materials by
 
                            -10-     LRB093 11310 JAM 13280 a
 1    the election authority, the judges delivering the same  shall
 2    take  a  receipt signed by the election authority and stamped
 3    with the time and date of such delivery.  The election judges
 4    whose duty it is to deliver any materials as  above  provided
 5    shall,  in  the  event  such  materials  cannot be found when
 6    needed, on proper request, produce the receipt which they are
 7    to take as above provided.
 8        The county clerk or board of election commissioners shall
 9    deliver a copy of each tally sheet to the county chairmen  of
10    the two largest political parties.
11        Where  voting  machines, or electronic voting systems, or
12    Direct Recording Electronic  Voting  Systems  are  used,  the
13    provisions  of  this  Article  section  may  be  modified  as
14    required  or  authorized  by  Article 24, and Article 24A, or
15    Article 24C, whichever is applicable.
16    (Source: P.A. 83-764.)

17        (10 ILCS 5/7-66)
18        Sec. 7-66.  Precinct tabulation optical  scan  technology
19    voting  equipment  and  direct  recording  electronic  voting
20    systems equipment.
21        If the election authority has adopted the use of Precinct
22    Tabulation  Optical Scan Technology voting equipment pursuant
23    to Article 24B of this Code or  Direct  Recording  Electronic
24    Voting  Systems equipment under Article 24C of this Code, and
25    the provisions of those Articles the Article are in  conflict
26    with  the  provisions  of  this  Article 7, the provisions of
27    Article 24B or Article 24C, as the case may be, shall  govern
28    the procedures followed by the election authority, its judges
29    of elections, and all employees and agents.  In following the
30    provisions  of  Article  24B  or  Article  24C,  the election
31    authority is authorized to develop and  implement  procedures
32    to  fully utilize Precinct Tabulation Optical Scan Technology
33    voting  equipment  or  Direct  Recording  Electronic   Voting
 
                            -11-     LRB093 11310 JAM 13280 a
 1    Systems  equipment authorized by the State Board of Elections
 2    as long as the procedure  is  not  in  conflict  with  either
 3    Article  24B, Article 24C, or the administrative rules of the
 4    State Board of Elections.
 5    (Source: P.A. 89-394, eff. 1-1-97.)

 6        (10 ILCS 5/15-6)
 7        Sec. 15-6.  Precinct tabulation optical  scan  technology
 8    voting  equipment  and  direct  recording  electronic  voting
 9    systems equipment.
10        If the election authority has adopted the use of Precinct
11    Tabulation  Optical Scan Technology voting equipment pursuant
12    to Article 24B of this Code or  Direct  Recording  Electronic
13    Voting  Systems equipment under Article 24C of this Code, and
14    the provisions of those Articles the Article are in  conflict
15    with  the  provisions  of  this Article 15, the provisions of
16    Article 24B or Article 24C, as the case may be, shall  govern
17    the procedures followed by the election authority, its judges
18    of elections, and all employees and agents.  In following the
19    provisions  of  Article  24B  or  Article  24C,  the election
20    authority is authorized to develop and  implement  procedures
21    to  fully utilize Precinct Tabulation Optical Scan Technology
22    voting  equipment  or  Direct  Recording  Electronic   Voting
23    Systems  equipment authorized by the State Board of Elections
24    as long as the procedure  is  not  in  conflict  with  either
25    Article  24B, Article 24C, or the administrative rules of the
26    State Board of Elections.
27    (Source: P.A. 89-394, eff. 1-1-97.)

28        (10 ILCS 5/16-11)
29        Sec. 16-11.  Precinct tabulation optical scan  technology
30    voting  equipment  and  direct  recording  electronic  voting
31    systems equipment.
32        If the election authority has adopted the use of Precinct
 
                            -12-     LRB093 11310 JAM 13280 a
 1    Tabulation  Optical Scan Technology voting equipment pursuant
 2    to Article 24B of this Code or  Direct  Recording  Electronic
 3    Voting  Systems equipment under Article 24C of this Code, and
 4    the provisions of those Articles the Article are in  conflict
 5    with  the  provisions  of  this Article 16, the provisions of
 6    Article 24B or Article 24C, as the case may be, shall  govern
 7    the procedures followed by the election authority, its judges
 8    of elections, and all employees and agents.  In following the
 9    provisions  of  Article  24B  or  Article  24C,  the election
10    authority is authorized to develop and  implement  procedures
11    to  fully utilize Precinct Tabulation Optical Scan Technology
12    voting  equipment  or  Direct  Recording  Electronic   Voting
13    Systems  equipment authorized by the State Board of Elections
14    as long as the procedure  is  not  in  conflict  with  either
15    Article  24B, Article 24C, or the administrative rules of the
16    State Board of Elections.
17    (Source: P.A. 89-394, eff. 1-1-97.)

18        (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
19        Sec. 17-9.  Any person desiring to vote  shall  give  his
20    name  and,  if required to do so, his residence to the judges
21    of election, one of whom shall thereupon announce the same in
22    a loud and distinct tone of voice, clear,  and  audible;  the
23    judges  of  elections shall check each application for ballot
24    against the list of voters registered  in  that  precinct  to
25    whom  absentee  ballots  have  been issued for that election,
26    which shall be provided by the election authority  and  which
27    list  shall  be  available for inspection by pollwatchers.  A
28    voter applying to vote in the precinct on election day  whose
29    name  appears  on  the list as having been issued an absentee
30    ballot shall not be permitted to vote in the precinct  unless
31    that   voter   submits   to   the  judges  of  election,  for
32    cancellation or revocation, his absentee ballot. In the  case
33    that  the  voter's  absentee  ballot  is  not  present in the
 
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 1    polling place, it shall be sufficient for any such  voter  to
 2    submit  to  the  judges  of  election in lieu of his absentee
 3    ballot, either a portion of such ballot if torn or mutilated,
 4    or an  affidavit  executed  before  the  judges  of  election
 5    specifying  that the voter never received an absentee ballot,
 6    or an  affidavit  executed  before  the  judges  of  election
 7    specifying  that  the  voter  desires to cancel or revoke any
 8    absentee ballot that may have been cast in the voter's  name.
 9    All  applicable  provisions  of  Articles  4, 5 or 6 shall be
10    complied with and if such name is found on  the  register  of
11    voters  by  the  officer  having  charge  thereof,  he  shall
12    likewise  repeat said name, and the voter shall be allowed to
13    enter within the proximity of the  voting  booths,  as  above
14    provided.   One  of  the judges shall give the voter one, and
15    only one of each ballot to be voted at the election,  on  the
16    back  of  which ballots such judge shall indorse his initials
17    in such manner that they may be seen when each such ballot is
18    properly folded, and the voter's name  shall  be  immediately
19    checked on the register list. In those election jurisdictions
20    where  perforated  ballot  cards  are utilized of the type on
21    which write-in votes can be cast above the  perforation,  the
22    election authority shall provide a space both above and below
23    the perforation for the judge's initials, and the judge shall
24    endorse  his  or  her  initials  in  both spaces.  Whenever a
25    proposal for a constitutional amendment or for the calling of
26    a constitutional convention  is  to  be  voted  upon  at  the
27    election,  the  separate  blue  ballot  or ballots pertaining
28    thereto shall, when being handed to the voter, be  placed  on
29    top  of the other ballots to be voted at the election in such
30    manner that the legend appearing  on  the  back  thereof,  as
31    prescribed  in  Section  16-6  of  this Act, shall be plainly
32    visible to the voter.  At all elections, when a registry  may
33    be required, if the name of any person so desiring to vote at
34    such  election  is not found on the register of voters, he or
 
                            -14-     LRB093 11310 JAM 13280 a
 1    she shall not receive a ballot until he  or  she  shall  have
 2    complied  with  the law prescribing the manner and conditions
 3    of voting by unregistered voters.  If any person desiring  to
 4    vote at any election shall be challenged, he or she shall not
 5    receive  a  ballot until he or she shall have established his
 6    right to vote in the manner provided hereinafter; and  if  he
 7    or  she shall be challenged after he has received his ballot,
 8    he shall not be permitted to vote until he or she  has  fully
 9    complied  with  such  requirements  of  the  law  upon  being
10    challenged.   Besides  the  election officer, not more than 2
11    voters in  excess  of  the  whole  number  of  voting  booths
12    provided  shall be allowed within the proximity of the voting
13    booths at one time.  The provisions of this Act,  so  far  as
14    they  require  the  registration  of voters as a condition to
15    their being allowed  to  vote  shall  not  apply  to  persons
16    otherwise  entitled  to  vote,  who  are,  at the time of the
17    election, or at  any  time  within  60  days  prior  to  such
18    election  have  been engaged in the military or naval service
19    of the United  States,  and  who  appear  personally  at  the
20    polling  place  on  election day and produce to the judges of
21    election satisfactory evidence thereof, but such persons,  if
22    otherwise  qualified  to  vote, shall be permitted to vote at
23    such election without previous registration.
24        All such persons shall also make an affidavit which shall
25    be in substantially the following form:
26    State of Illinois,)
27                      ) ss.
28    County of ........)
29    ............... Precinct   .......... Ward
30        I, ...., do solemnly  swear  (or  affirm)  that  I  am  a
31    citizen of the United States, of the age of 18 years or over,
32    and  that  within  the past 60 days prior to the date of this
33    election at which I am applying to vote, I have been  engaged
34    in the .... (military or naval) service of the United States;
 
                            -15-     LRB093 11310 JAM 13280 a
 1    and  I  am  qualified  to  vote  under  and  by virtue of the
 2    Constitution and laws of the State of Illinois, and that I am
 3    a legally qualified voter of this precinct  and  ward  except
 4    that I have, because of such service, been unable to register
 5    as  a  voter;  that  I  now reside at .... (insert street and
 6    number, if any) in  this  precinct  and  ward;  that  I  have
 7    maintained a legal residence in this precinct and ward for 30
 8    days and in this State 30 days next preceding this election.
 9                                        .........................
10        Subscribed and sworn to before me on (insert date).
11                                        .........................
12                                               Judge of Election.

13        The  affidavit  of  any such person shall be supported by
14    the affidavit of a resident and qualified voter of  any  such
15    precinct  and ward, which affidavit shall be in substantially
16    the following form:
17    State of Illinois,)
18                      ) ss.
19    County of ........)
20    ........... Precinct   ........... Ward
21        I, ...., do solemnly swear  (or  affirm),  that  I  am  a
22    resident  of  this  precinct and ward and entitled to vote at
23    this election; that I am acquainted with ....  (name  of  the
24    applicant);  that  I  verily believe him to be an actual bona
25    fide resident of this precinct and ward  and  that  I  verily
26    believe  that  he  or  she  has  maintained a legal residence
27    therein 30 days and in this State 30 days next preceding this
28    election.
29                                        .........................
30        Subscribed and sworn to before me on (insert date).
31                                        .........................
32                                               Judge of Election.

33        All affidavits made under the provisions of this  Section
 
                            -16-     LRB093 11310 JAM 13280 a
 1    shall be enclosed in a separate envelope securely sealed, and
 2    shall be transmitted with the returns of the elections to the
 3    county  clerk  or to the board of election commissioners, who
 4    shall preserve the  said  affidavits  for  the  period  of  6
 5    months,  during  which period such affidavits shall be deemed
 6    public records and shall be freely  open  to  examination  as
 7    such.
 8    (Source: P.A. 91-357, eff. 7-29-99.)

 9        (10 ILCS 5/17-43)
10        Sec.  17-43.  Precinct tabulation optical scan technology
11    voting  equipment  and  direct  recording  electronic  voting
12    systems equipment.
13        If the election authority has adopted the use of Precinct
14    Tabulation Optical Scan Technology voting equipment  pursuant
15    to  Article  24B  of this Code or Direct Recording Electronic
16    Voting Systems equipment under Article 24C of this Code,  and
17    the  provisions of those Articles the Article are in conflict
18    with the provisions of this Article  17,  the  provisions  of
19    Article  24B or Article 24C, as the case may be, shall govern
20    the procedures followed by the election authority, its judges
21    of elections, and all employees and agents.  In following the
22    provisions of  Article  24B  or  Article  24C,  the  election
23    authority  is  authorized to develop and implement procedures
24    to fully utilize Precinct Tabulation Optical Scan  Technology
25    voting   equipment  or  Direct  Recording  Electronic  Voting
26    Systems equipment authorized by the State Board of  Elections
27    as  long  as  the  procedure  is  not in conflict with either
28    Article 24B, Article 24C, or the administrative rules of  the
29    State Board of Elections.
30    (Source: P.A. 89-394, eff. 1-1-97.)

31        (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
32        Sec.  18-5.  Questioning  of  person  desiring  to  vote;
 
                            -17-     LRB093 11310 JAM 13280 a
 1    receipt  of ballots.    Any person desiring to vote and whose
 2    name is found upon the  register  of  voters  by  the  person
 3    having charge thereof, shall then be questioned by one of the
 4    judges  as  to his nativity, his term of residence at present
 5    address, precinct, State and United States, his age,  whether
 6    naturalized  and  if so the date of naturalization papers and
 7    court from which secured, and he shall be asked to state  his
 8    residence when last previously registered and the date of the
 9    election   for  which  he  then  registered.  The  judges  of
10    elections shall check each application for ballot against the
11    list of voters registered in that precinct to  whom  absentee
12    ballots  have  been  issued for that election, which shall be
13    provided by the election authority and which  list  shall  be
14    available for inspection by pollwatchers. A voter applying to
15    vote  in  the  precinct on election day whose name appears on
16    the list as having been issued an absentee ballot  shall  not
17    be  permitted  to  vote  in  the  precinct  unless that voter
18    submits to  the  judges  of  election,  for  cancellation  or
19    revocation,  his  absentee  ballot.   In  the  case  that the
20    voter's absentee ballot is not present in the polling  place,
21    it  shall  be  sufficient for any such voter to submit to the
22    judges of election in lieu of his absentee ballot,  either  a
23    portion  of such ballot if torn or mutilated, or an affidavit
24    executed before the judges of election  specifying  that  the
25    voter  never  received  an  absentee  ballot, or an affidavit
26    executed before the judges of election  specifying  that  the
27    voter  desires  to  cancel or revoke any absentee ballot that
28    may have been cast in the voter's name.  If  such  person  so
29    registered  shall  be  challenged  as disqualified, the party
30    challenging shall assign his reasons therefor, and  thereupon
31    one  of  the judges shall administer to him an oath to answer
32    questions, and if he shall take the oath  he  shall  then  be
33    questioned  by  the  judge  or  judges touching such cause of
34    challenge, and touching any other cause of  disqualification.
 
                            -18-     LRB093 11310 JAM 13280 a
 1    And  he  may also be questioned by the person challenging him
 2    in regard to  his  qualifications  and  identity.  But  if  a
 3    majority  of  the  judges  are  of the opinion that he is the
 4    person so registered and a qualified voter,  his  vote  shall
 5    then  be received accordingly. But if his vote be rejected by
 6    such judges, such person may afterward produce and deliver an
 7    affidavit to such judges, subscribed  and  sworn  to  by  him
 8    before  one  of  the  judges, in which it shall be stated how
 9    long he has resided in such precinct, and state; that he is a
10    citizen of the United States, and is a duly  qualified  voter
11    in  such  precinct,  and  that  he is the identical person so
12    registered. In addition to such an affidavit, the  person  so
13    challenged  shall  provide to the judges of election proof of
14    residence by producing 2 forms of identification showing  the
15    person's   current  residence  address,  provided  that  such
16    identification to the person at his current residence address
17    and postmarked not earlier than 30 days prior to the date  of
18    the   election,   or  the  person  shall  procure  a  witness
19    personally known to the judges of election, and  resident  in
20    the  precinct  (or  district), or who shall be proved by some
21    legal voter of such precinct or district, known to the judges
22    to be such, who shall take the oath following, viz:
23        I do solemnly swear (or affirm) that I am a  resident  of
24    this election precinct (or district), and entitled to vote at
25    this  election, and that I have been a resident of this State
26    for 30 days last past, and am well acquainted with the person
27    whose vote is now offered; that he is an actual and bona fide
28    resident of this election precinct  (or  district),  and  has
29    resided  herein  30  days,  and  as I verily believe, in this
30    State, 30 days next preceding this election.
31        The oath in each case may be administered by one  of  the
32    judges  of  election,  or  by  any  officer,  resident in the
33    precinct or district, authorized by law to administer  oaths.
34    Also supported by an affidavit by a registered voter residing
 
                            -19-     LRB093 11310 JAM 13280 a
 1    in  such  precinct,  stating  his  own residence, and that he
 2    knows such person; and that  he  does  reside  at  the  place
 3    mentioned  and has resided in such precinct and state for the
 4    length of time as stated  by  such  person,  which  shall  be
 5    subscribed  and  sworn to in the same way. Whereupon the vote
 6    of such person shall be received, and entered as other votes.
 7    But such judges, having charge of such registers, shall state
 8    in their respective books the facts in  such  case,  and  the
 9    affidavits,  so  delivered  to the judges, shall be preserved
10    and returned to the office of the commissioners of  election.
11    Blank affidavits of the character aforesaid shall be sent out
12    to  the  judges  of  all  the  precincts,  and  the judges of
13    election shall furnish the same on demand and administer  the
14    oaths  without  criticism. Such oaths, if administered by any
15    other officer than such  judge  of  election,  shall  not  be
16    received.  Whenever a proposal for a constitutional amendment
17    or for the calling of a constitutional convention  is  to  be
18    voted  upon  at  the  election,  the  separate blue ballot or
19    ballots pertaining thereto shall be  placed  on  top  of  the
20    other ballots to be voted at the election in such manner that
21    the  legend  appearing  on the back thereof, as prescribed in
22    Section 16-6 of this Act, shall be  plainly  visible  to  the
23    voter, and in this fashion the ballots shall be handed to the
24    voter by the judge.
25        The  voter shall, upon quitting the voting booth, deliver
26    to one of the judges of election all of the ballots, properly
27    folded, which he received. The judge of election to whom  the
28    voter  delivers  his ballots shall not accept the same unless
29    all of the ballots given to the voter are returned by him. If
30    a voter delivers less than all of the ballots given  to  him,
31    the  judge to whom the same are offered shall advise him in a
32    voice clearly audible to the other judges  of  election  that
33    the  voter  must  return  the  remainder  of the ballots. The
34    statement of the judge to the voter shall clearly express the
 
                            -20-     LRB093 11310 JAM 13280 a
 1    fact that the voter is not required to  vote  such  remaining
 2    ballots  but  that  whether or not he votes them he must fold
 3    and deliver them to the judge. In making such  statement  the
 4    judge  of  election  shall  not  indicate by word, gesture or
 5    intonation of voice that  the  unreturned  ballots  shall  be
 6    voted  in  any  particular  manner.  No  new  voter  shall be
 7    permitted to enter the voting booth of a voter who has failed
 8    to deliver the total number of ballots received by him  until
 9    such  voter  has returned to the voting booth pursuant to the
10    judge's request and again quit the  booth  with  all  of  the
11    ballots  required  to be returned by him. Upon receipt of all
12    such ballots the judges of election shall enter the  name  of
13    the voter, and his number, as above provided in this section,
14    and  the  judge  to  whom  the  ballots  are  delivered shall
15    immediately put the ballots into the ballot box. If any voter
16    who has failed to deliver all the  ballots  received  by  him
17    refuses  to return to the voting booth after being advised by
18    the judge of election as herein  provided,  the  judge  shall
19    inform  the  other  judges of such refusal, and thereupon the
20    ballot or ballots returned to the judge shall be deposited in
21    the ballot box, the voter shall be permitted to  depart  from
22    the  polling  place,  and  a  new voter shall be permitted to
23    enter the voting booth.
24        The judge of election who receives the ballot or  ballots
25    from  the voter shall announce the residence and name of such
26    voter in a loud voice. The judge  shall  put  the  ballot  or
27    ballots  received  from  the voter into the ballot box in the
28    presence of the voter and the  judges  of  election,  and  in
29    plain  view  of  the public. The judges having charge of such
30    registers shall then, in a column prepared  thereon,  in  the
31    same  line  of,  the  name  of the voter, mark "Voted" or the
32    letter "V".
33        No judge of election shall accept  from  any  voter  less
34    than  the  full  number  of  ballots  received  by such voter
 
                            -21-     LRB093 11310 JAM 13280 a
 1    without first advising the voter in the manner above provided
 2    of the necessity of returning all of the ballots,  nor  shall
 3    any such judge advise such voter in a manner contrary to that
 4    which is herein permitted, or in any other manner violate the
 5    provisions  of this section; provided, that the acceptance by
 6    a judge of election of less than the full number  of  ballots
 7    delivered  to  a  voter  who  refuses to return to the voting
 8    booth after being properly advised by such judge shall not be
 9    a violation of this Section.
10    (Source: P.A. 89-653, eff. 8-14-96.)

11        (10 ILCS 5/18-40)
12        Sec. 18-40.  Precinct tabulation optical scan  technology
13    voting  equipment  and  direct  recording  electronic  voting
14    systems equipment.
15        If the election authority has adopted the use of Precinct
16    Tabulation  Optical Scan Technology voting equipment pursuant
17    to Article 24B of this Code or  Direct  Recording  Electronic
18    Voting   Systems   equipment   under  Article  24C,  and  the
19    provisions of those Articles the Article are in conflict with
20    the provisions of this Article 18, the provisions of  Article
21    24B  or  Article  24C,  as  the case may be, shall govern the
22    procedures followed by the election authority, its judges  of
23    elections,  and  all  employees and agents.  In following the
24    provisions of  Article  24B  or  Article  24C,  the  election
25    authority  is  authorized to develop and implement procedures
26    to fully utilize Precinct Tabulation Optical Scan  Technology
27    voting   equipment  or  Direct  Recording  Electronic  Voting
28    Systems equipment authorized by the State Board of  Elections
29    as  long  as  the  procedure  is  not in conflict with either
30    Article 24B, Article 24C, or the administrative rules of  the
31    State Board of Elections.
32    (Source: P.A. 89-394, eff. 1-1-97.)
 
                            -22-     LRB093 11310 JAM 13280 a
 1        (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
 2        Sec.   19-2.1.   At  the  consolidated  primary,  general
 3    primary,  consolidated,  and  general   elections,   electors
 4    entitled  to  vote by absentee ballot under the provisions of
 5    Section 19-1  may  vote  in  person  at  the  office  of  the
 6    municipal   clerk,   if  the  elector  is  a  resident  of  a
 7    municipality not having a board of election commissioners, or
 8    at the office of the township clerk or, in counties not under
 9    township organization, at the office  of  the  road  district
10    clerk  if  the  elector  is not a resident of a municipality;
11    provided, in each case that the municipal, township  or  road
12    district  clerk, as the case may be, is authorized to conduct
13    in-person absentee voting pursuant to this Section.  Absentee
14    voting in such municipal and township clerk's  offices  under
15    this Section shall be conducted from the 22nd day through the
16    day before the election.
17        Municipal  and  township clerks (or road district clerks)
18    who have  regularly  scheduled  working  hours  at  regularly
19    designated  offices other than a place of residence and whose
20    offices are open for business during the same  hours  as  the
21    office  of  the  election  authority  shall conduct in-person
22    absentee voting for said elections.  Municipal  and  township
23    clerks  (or  road  district  clerks)  who  have  no regularly
24    scheduled working hours but  who  have  regularly  designated
25    offices  other  than  a  place  of  residence  shall  conduct
26    in-person absentee voting for said elections during the hours
27    of  8:30  a.m.  to  4:30  p.m.  or  9:00  a.m.  to 5:00 p.m.,
28    weekdays, and 9:00 a.m. to 12:00 noon on Saturdays,  but  not
29    during  such hours as the office of the election authority is
30    closed, unless the clerk files  a  written  waiver  with  the
31    election authority not later than July 1 of each year stating
32    that  he  or  she  is  unable  to conduct such voting and the
33    reasons therefor. Such clerks who conduct in-person  absentee
34    voting may extend their hours for that purpose to include any
 
                            -23-     LRB093 11310 JAM 13280 a
 1    hours  in  which  the  election  authority's  office is open.
 2    Municipal and township clerks (or road district  clerks)  who
 3    have  no  regularly  scheduled  office hours and no regularly
 4    designated offices other than a place of  residence  may  not
 5    conduct  in-person  absentee  voting for said elections.  The
 6    election  authority  may  devise  alternative   methods   for
 7    in-person  absentee  voting  before  said elections for those
 8    precincts  located  within  the   territorial   area   of   a
 9    municipality or township (or road district) wherein the clerk
10    of  such  municipality  or  township  (or  road district) has
11    waived  or  is  not  entitled  to  conduct  such  voting.  In
12    addition, electors may vote  by  absentee  ballot  under  the
13    provisions  of  Section  19-1  at  the office of the election
14    authority having jurisdiction over their residence.
15        In conducting absentee voting  under  this  Section,  the
16    respective  clerks  shall  not  be  required  to  verify  the
17    signature  of  the  absentee  voter  by  comparison  with the
18    signature on the official registration record card.  However,
19    the  clerk  shall  reasonably  ascertain the identity of such
20    applicant,  shall  verify  that  each  such  applicant  is  a
21    registered voter, and shall verify the precinct in  which  he
22    or  she is registered and the proper ballots of the political
23    subdivisions in which the applicant resides and  is  entitled
24    to  vote,  prior  to  providing  any  absentee ballot to such
25    applicant.   The   clerk   shall   verify   the   applicant's
26    registration and from the most recent poll list  provided  by
27    the  county clerk, and if the applicant is not listed on that
28    poll list then by telephoning the office of the county clerk.
29        Absentee  voting  procedures  in  the   office   of   the
30    municipal, township and road district clerks shall be subject
31    to  all  of  the  applicable  provisions  of this Article 19.
32    Pollwatchers may be appointed to observe  in-person  absentee
33    voting procedures at the office of the municipal, township or
34    road  district  clerks' offices where such absentee voting is
 
                            -24-     LRB093 11310 JAM 13280 a
 1    conducted.  Such pollwatchers shall qualify and be  appointed
 2    in  the  same  manner as provided in Sections 7-34 and 17-23,
 3    except each candidate, political  party  or  organization  of
 4    citizens  may  appoint only one pollwatcher for each location
 5    where in-person absentee voting is  conducted.   Pollwatchers
 6    shall   be   residents   of  the  county  and  possess  valid
 7    pollwatcher credentials. All  requirements  in  this  Article
 8    applicable   to  election  authorities  shall  apply  to  the
 9    respective local clerks, except where inconsistent with  this
10    Section.
11        In  election  jurisdictions that deliver absentee ballots
12    to the polling place to be counted by the precinct judges  on
13    election  day,  the  sealed absentee ballots in their carrier
14    envelope shall be delivered by the respective clerks,  or  by
15    the  election authority on behalf of a clerk if the clerk and
16    the election authority agree,  to the  proper  polling  place
17    before  the  close  of  the  polls  on the day of the general
18    primary,  consolidated  primary,  consolidated,  or   general
19    election.
20        In  election  jurisdictions  that  have  adopted a Direct
21    Recording Electronic Voting System under Article 24C and that
22    count  absentee  ballots  in  the  office  of  the   election
23    authority  on  election  day,  the sealed absentee ballots in
24    their carrier envelope shall be delivered to  the  office  of
25    the  election  authority  by the respective clerks before the
26    close of the  polls  on  the  day  of  the  general  primary,
27    consolidated primary, consolidated, or general election.
28        Not more than 23 days before the nonpartisan, general and
29    consolidated elections, the county clerk shall make available
30    to   those  municipal,  township  and  road  district  clerks
31    conducting in-person absentee voting within  such  county,  a
32    sufficient   number   of   applications,   absentee  ballots,
33    envelopes, and printed voting instruction slips  for  use  by
34    absentee voters in the offices of such clerks. The respective
 
                            -25-     LRB093 11310 JAM 13280 a
 1    clerks  shall  receipt for all ballots received, shall return
 2    all unused or spoiled ballots to the county clerk on the  day
 3    of  the  election  and shall strictly account for all ballots
 4    received.
 5        The ballots delivered  to  the  respective  clerks  shall
 6    include   absentee   ballots   for   each   precinct  in  the
 7    municipality, township or road  district,  or  shall  include
 8    such   separate   ballots   for  each  political  subdivision
 9    conducting an election of officers or a  referendum  on  that
10    election day as will permit any resident of the municipality,
11    township  or  road district to vote absentee in the office of
12    the proper clerk.
13        The clerks of  all  municipalities,  townships  and  road
14    districts may distribute applications for absentee ballot for
15    the  use  of voters who wish to mail such applications to the
16    appropriate  election  authority.    Such  applications   for
17    absentee  ballots  shall  be  made  on  forms provided by the
18    election  authority.   Duplication  of  such  forms  by   the
19    municipal, township or road district clerk is prohibited.
20    (Source: P.A. 91-210, eff. 1-1-00.)

21        (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
22        Sec.  19-7.  Upon  receipt of such absent voter's ballot,
23    the election  authority  shall  forthwith  enclose  the  same
24    unopened,  together  with the application made by said absent
25    voter in a large or carrier envelope which shall be  securely
26    sealed  and endorsed with the name and official title of such
27    officer and the words,  "This  envelope  contains  an  absent
28    voter's  ballot and must be opened on election day," together
29    with the number and description of the precinct in which said
30    ballot is to be voted,  and  such  officer  shall  thereafter
31    safely  keep  the  same in his office until counted by him as
32    provided in this Article the next section.
33        Except as provided in Article 24C, the election authority
 
                            -26-     LRB093 11310 JAM 13280 a
 1    may choose (i) to have the absentee ballots delivered  before
 2    the  closing  of the polls to their proper polling places for
 3    counting by the precinct judges or (ii) to have the  absentee
 4    ballots received after 12:00 noon on election day or too late
 5    for  delivery before the closing of the polls on election day
 6    counted in the office of the election  authority  by  one  or
 7    more  panels  of  election  judges  appointed  in  the manner
 8    provided for in this Code.
 9    (Source: P.A. 81-155.)

10        (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
11        Sec.  19-8.  In  election  jurisdictions   that   deliver
12    absentee  ballots  to  the polling place to be counted by the
13    precinct judges, the provisions of this Section shall  apply.
14       In  case  an  absent  voter's  ballot  is  received by the
15    election authority prior to  the  delivery  of  the  official
16    ballots  to  the  judges of election of the precinct in which
17    said elector resides, such ballot envelope  and  application,
18    sealed  in  the  carrier  envelope, shall be enclosed in such
19    package  and  therewith  delivered  to  the  judges  of  such
20    precinct. In case the official ballots for such precinct have
21    been delivered to the judges of election at the time  of  the
22    receipt  by  the  election  authority  of such absent voter's
23    ballot,  such  authority  shall  immediately   enclose   said
24    envelope  containing the absent voter's ballot, together with
25    his application therefor, in a  larger  or  carrier  envelope
26    which  shall  be securely sealed and addressed on the face to
27    the  judges  of  election,  giving  the  name  or  number  of
28    precinct, street and number of polling place, city or town in
29    which such absent voter is a qualified elector, and the words
30    "This envelope contains an absent voter's ballot and must  be
31    opened  only  on  election day at the polls immediately after
32    the polls are closed," mailing the same, postage prepaid,  to
33    such  judges of election, or if more convenient, such officer
 
                            -27-     LRB093 11310 JAM 13280 a
 1    may deliver such absent  voter's  ballot  to  the  judges  of
 2    election  in  person or by duly deputized agent, said officer
 3    to secure his receipt for delivery of such ballot or ballots.
 4    Absent voters' ballots returned by  absentee  voters  to  the
 5    election  authority  after  the  closing  of  the polls on an
 6    election day shall be  endorsed  by  the  election  authority
 7    receiving the same with the day and hour of receipt and shall
 8    be  safely  kept  unopened by such election authority for the
 9    period of time required for the preservation of ballots  used
10    at  such  election,  and shall then, without being opened, be
11    destroyed  in  like  manner  as  the  used  ballots  of  such
12    election.
13        All absent  voters'  ballots  received  by  the  election
14    authority  after  12:00  noon on election day or too late for
15    delivery to the proper polling place before  the  closing  of
16    the  polls  on  election  day,  and Special Write-In Absentee
17    Voter's  Blank  Ballots,  except  ballots  returned  by  mail
18    postmarked after midnight preceding the opening of the  polls
19    on  election  day, and all absent voters' ballots in election
20    jurisdictions that use voting systems authorized  by  Article
21    24C shall be endorsed by the election authority receiving the
22    same with the day and hour of receipt and shall be counted in
23    the  office  of  the  election  authority  on  the day of the
24    election  after  7:00  p.m.   All  absent   voters'   ballots
25    delivered  in error to the wrong precinct polling place shall
26    be returned to the election authority and counted under  this
27    provision;  however,  all  absentee  ballots  received by the
28    election authority by the close of  absentee  voting  in  the
29    office of the election authority on the day preceding the day
30    of election shall be delivered to the proper precinct polling
31    places in time to be counted by the judges of election.
32        Such  counting shall commence no later than 8:00 p.m. and
33    shall be conducted by a panel or panels  of  election  judges
34    appointed  in the manner provided by law. Such counting shall
 
                            -28-     LRB093 11310 JAM 13280 a
 1    continue  until  all  absent  voters'  ballots  received   as
 2    aforesaid have been counted.
 3        The  procedures set forth in Section 19-9 of this Act and
 4    Articles 17 and 18 of this Code, shall apply  to  all  absent
 5    voters'  ballots  counted  under  this  provision,  including
 6    comparing  the  signature  on  the  ballot  envelope with the
 7    signature of the voter on the  permanent  voter  registration
 8    record  card  taken  from  the master file; except that votes
 9    shall be recorded by without regard to precinct  designation,
10    except for precinct offices.
11    (Source: P.A. 91-357, eff. 7-29-99.)

12        (10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
13        Sec.  19-9.  At the close of the regular balloting and at
14    the close of the polls the judges of election of each  voting
15    precinct  or  the  panel or panels of judges in the office of
16    the election authority, as the case may be, shall proceed  to
17    cast the absent voter's ballot separately, and as each absent
18    voter's  ballot  is  taken  shall  open  the outer or carrier
19    envelope, announce the absent voter's name, and  compare  the
20    signature  upon  the  application with the signature upon the
21    certification on the ballot envelope and the signature of the
22    voter on the permanent voter  registration  record  card.  In
23    case  the  judges  find the certifications properly executed,
24    that the signatures correspond, that the applicant is a  duly
25    qualified  elector  in the precinct and the applicant has not
26    been present and voted within the county where he  represents
27    himself  to be a qualified elector on such election day, they
28    shall open the envelope containing the absent voter's  ballot
29    in  such manner as not to deface or destroy the certification
30    thereon, or mark or tear the ballots therein and take out the
31    ballot or ballots  therein  contained  without  unfolding  or
32    permitting  the  same  to be unfolded or examined, and having
33    endorsed the ballot in  like  manner  as  other  ballots  are
 
                            -29-     LRB093 11310 JAM 13280 a
 1    required to be endorsed, shall deposit the same in the proper
 2    ballot  box or boxes and enter the absent voter's name in the
 3    poll book the same as if he had been  present  and  voted  in
 4    person.   The   judges   shall   place  the  absentee  ballot
 5    certification envelopes in a separate  envelope  as  per  the
 6    direction of the election authority. Such envelope containing
 7    the absentee ballot certification envelopes shall be returned
 8    to the election authority and preserved in like manner as the
 9    official poll record.
10        In  case  such  signatures do not correspond, or that the
11    applicant is not a duly qualified elector in such precinct or
12    that the ballot envelope is  open  or  has  been  opened  and
13    resealed,  or that said voter is present and has voted within
14    the county where he represents  himself  to  be  a  qualified
15    elector  on  the  day  of such election at such election such
16    previously cast  vote  shall  not  be  allowed,  but  without
17    opening  the  absent  voter's  envelope  the  judge  of  such
18    election  shall  mark  across  the  face thereof, "Rejected",
19    giving the reason therefor.
20        In case the ballot envelope contains more than one ballot
21    of any kind, said ballots shall not be counted, but shall  be
22    marked "Rejected", giving the reason therefor.
23        The  absent  voters'  envelopes  and  affidavits  and the
24    absent voters' envelope with its contents unopened, when such
25    absent vote is rejected shall be retained  and  preserved  in
26    the manner as now provided for the retention and preservation
27    of official ballots rejected at such election.
28        As  applied  to  an  absentee  ballot  of  a  permanently
29    disabled  voter  who  has  complied with Section 19-12.1, the
30    word  "certification"  as  used  in  this  Section  shall  be
31    construed to refer to the unsworn statement subscribed to  by
32    the voter pursuant to Section 19-12.1.
33    (Source: P.A. 87-1052.)
 
                            -30-     LRB093 11310 JAM 13280 a
 1        (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
 2        Sec.  19-10.  Pollwatchers  may  be  appointed to observe
 3    in-person absentee voting procedures at  the  office  of  the
 4    election  authority as well as at municipal, township or road
 5    district  clerks'  offices  where  such  absentee  voting  is
 6    conducted.  Such pollwatchers shall qualify and be  appointed
 7    in  the  same  manner as provided in Sections 7-34 and 17-23,
 8    except each candidate, political  party  or  organization  of
 9    citizens  may  appoint only one pollwatcher for each location
10    where in-person absentee voting is conducted.    Pollwatchers
11    shall   be   residents   of  the  county  and  possess  valid
12    pollwatcher credentials.
13        In the polling place on election day, pollwatchers  shall
14    be  permitted  to be present during the casting of the absent
15    voters' ballots and the vote  of  any  absent  voter  may  be
16    challenged for cause the same as if he were present and voted
17    in  person,  and  the  judges  of  the election or a majority
18    thereof shall have power and authority to hear and  determine
19    the  legality  of  such  ballot; Provided, however, that if a
20    challenge to any absent voter's right to vote  is  sustained,
21    notice of the same must be given by the judges of election by
22    mail addressed to the voter's place of residence.
23        Where  certain  absent voters' ballots are counted on the
24    day of the election in the office of the  election  authority
25    as  provided  in  this Article Section 19-8 of this Act, each
26    political party, candidate and qualified  civic  organization
27    shall  be  entitled  to have present one pollwatcher for each
28    panel of election judges therein assigned. Such  pollwatchers
29    shall  be  subject to the same provisions as are provided for
30    pollwatchers in Sections 7-34 and 17-23  of  this  Code,  and
31    shall  be permitted to observe the election judges making the
32    signature comparison  between that which is on  the  absentee
33    ballot  application  and that which is on the ballot envelope
34    and that which is on the permanent voter registration  record
 
                            -31-     LRB093 11310 JAM 13280 a
 1    card taken from the master file.
 2    (Source: P.A. 86-875.)

 3        (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
 4        Sec.   19-12.2.  Voting   by   physically   incapacitated
 5    electors  who  have  made  proper application to the election
 6    authority not later than 5 days before  the  regular  primary
 7    and  general  election  of  1980  and  before  each  election
 8    thereafter  shall  be conducted on the premises of facilities
 9    licensed or certified pursuant to the Nursing Home  Care  Act
10    for  the  sole  benefit of residents of such facilities. Such
11    voting  shall  be  conducted  during  any  continuous  period
12    sufficient to allow all  applicants  to  cast  their  ballots
13    between  the hours of 9 a.m. and 7 p.m. either on the Friday,
14    Saturday, Sunday or Monday immediately preceding the  regular
15    election. This absentee voting on one of said days designated
16    by the election authority shall be supervised by two election
17    judges  who must be selected by the election authority in the
18    following order of priority: (1) from  the  panel  of  judges
19    appointed for the precinct in which such facility is located,
20    or  from  a  panel of judges appointed for any other precinct
21    within the jurisdiction of the election authority in the same
22    ward or township, as the case may be, in which  the  facility
23    is  located or, only in the case where a judge or judges from
24    the precinct, township or ward are unavailable to serve,  (3)
25    from  a  panel  of  judges  appointed  for any other precinct
26    within the jurisdiction of the election  authority.  The  two
27    judges  shall  be  from different political parties. Not less
28    than 30 days  before  each  regular  election,  the  election
29    authority  shall  have arranged with the chief administrative
30    officer of each facility in his or its election  jurisdiction
31    a  mutually  convenient  time period on the Friday, Saturday,
32    Sunday or Monday immediately preceding the election for  such
33    voting  on  the  premises of the facility and shall post in a
 
                            -32-     LRB093 11310 JAM 13280 a
 1    prominent place in his or its office a notice of  the  agreed
 2    day  and  time  period  for  conducting  such  voting at each
 3    facility; provided that  the  election  authority  shall  not
 4    later than noon on the Thursday before the election also post
 5    the  names  and  addresses  of those facilities from which no
 6    applications  were  received  and  in  which  no   supervised
 7    absentee  voting  will  be conducted.  All provisions of this
 8    Code applicable to pollwatchers shall be  applicable  herein.
 9    To  the  maximum  extent  feasible,  voting booths or screens
10    shall be provided to insure the privacy of the voter.  Voting
11    procedures  shall be as described in Article 17 of this Code,
12    except that ballots shall be treated as absentee ballots  and
13    shall  not  be  counted  until  the close of the polls on the
14    following day. After the last voter has concluded voting, the
15    judges shall seal the ballots in an envelope and affix  their
16    signatures  across  the  flap  of  the  envelope. Immediately
17    thereafter, the judges shall bring the sealed envelope to the
18    office of the  election  authority  who  shall  preserve  the
19    ballots  in  the  office  of  the election authority in those
20    jurisdictions that have adopted a Direct Recording Electronic
21    Voting System under  Article  24C  and  that  count  absentee
22    ballots  in   the  office  of the election authority or shall
23    deliver the such  ballots  to  the  proper  precinct  polling
24    places  prior  to  the  closing  of  the  polls on the day of
25    election  in  election  jurisdictions  that  count   absentee
26    ballots  in  the  polling  place.  Provided, that in election
27    jurisdictions that count  absentee  ballots  in  the  polling
28    place  the  election authority may arrange for the judges who
29    conduct such voting on the  Monday  before  the  election  to
30    deliver  the  sealed envelope directly to the proper precinct
31    polling place on the day of election and shall announce  such
32    procedure  in  the  30 day notice heretofore prescribed.  The
33    judges  of  election  shall  also  report  to  the   election
34    authority  the name of any applicant in the facility who, due
 
                            -33-     LRB093 11310 JAM 13280 a
 1    to unforeseen circumstance  or  condition  or  because  of  a
 2    religious  holiday,  was  unable to vote.  In this event, the
 3    election authority may appoint a qualified person from his or
 4    its staff to deliver the ballot to such applicant on the  day
 5    of  election.   This  staff  person  shall  follow  the  same
 6    procedures  prescribed  for judges conducting absentee voting
 7    in such facilities; but shall return the ballot to the proper
 8    precinct polling place before the polls  close.  However,  if
 9    the facility from which the application was made is also used
10    as  a  regular  precinct polling place for that voter, voting
11    procedures heretofore prescribed may be implemented by  2  of
12    the election judges of opposite party affiliation assigned to
13    that  polling  place during the hours of voting on the day of
14    the election. Judges of election  shall  be  compensated  not
15    less  than  $25.00  for  conducting  absentee  voting in such
16    facilities.
17        Not less than 120 days before each regular election,  the
18    Department  of Public Health shall certify to the State Board
19    of Elections a list of the facilities licensed  or  certified
20    pursuant to the Nursing Home Care Act, and shall indicate the
21    approved   bed   capacity   and   the   name   of  the  chief
22    administrative officer of each such facility, and  the  State
23    Board  of Elections shall certify the same to the appropriate
24    election authority within 20 days thereafter.
25    (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)

26        (10 ILCS 5/19-15)
27        Sec. 19-15.  Precinct tabulation optical scan  technology
28    voting  equipment  and  direct  recording  electronic  voting
29    systems equipment.
30        If the election authority has adopted the use of Precinct
31    Tabulation  Optical Scan Technology voting equipment pursuant
32    to Article 24B of this Code or  Direct  Recording  Electronic
33    Voting   Systems   equipment   under  Article  24C,  and  the
 
                            -34-     LRB093 11310 JAM 13280 a
 1    provisions of those Articles the Article are in conflict with
 2    the provisions of this Article 19, the provisions of  Article
 3    24B  or  Article  24C,  as  the case may be, shall govern the
 4    procedures followed by the election authority, its judges  of
 5    elections,  and  all  employees and agents.  In following the
 6    provisions of  Article  24B  or  Article  24C,  the  election
 7    authority  is  authorized to develop and implement procedures
 8    to fully utilize Precinct Tabulation Optical Scan  Technology
 9    voting   equipment  or  Direct  Recording  Electronic  Voting
10    Systems equipment authorized by the State Board of  Elections
11    as  long  as  the  procedure  is  not in conflict with either
12    Article 24B, Article 24C, or the administrative rules of  the
13    State Board of Elections.
14    (Source: P.A. 89-394, eff. 1-1-97.)

15        (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
16        Sec.  20-2.  Any  member  of  the  United States Service,
17    otherwise qualified to vote, who expects in the course of his
18    duties to be absent from the county in which  he  resides  on
19    the  day  of holding any election may make application for an
20    absentee ballot to the election authority having jurisdiction
21    over his precinct of residence on the official postcard or on
22    a form furnished by the election authority as  prescribed  by
23    Section 20-3 of this Article not less than 10 days before the
24    election.  A  request  pursuant to this Section shall entitle
25    the applicant to an absentee ballot for every election in one
26    calendar year. The original application for ballot  shall  be
27    kept  in the office of the election authority for one year as
28    authorization to send a ballot to the voter for each election
29    to be held within that calendar year.  A  certified  copy  of
30    such  application for ballot shall be sent each election with
31    the absentee ballot to the polling place to be used  in  lieu
32    of the original application for ballot. No registration shall
33    be required in order to vote pursuant to this Section.
 
                            -35-     LRB093 11310 JAM 13280 a
 1        Ballots  under  this  Section  shall  be  mailed  by  the
 2    election  authority  in the manner prescribed by Section 20-5
 3    of this Article and not otherwise. Ballots voted  under  this
 4    Section  must  be  returned  to  the  election  authority  in
 5    sufficient  time  for  delivery  (i)  to  the proper precinct
 6    polling place before the closing of the polls on the  day  of
 7    the  election in jurisdictions that count absentee ballots in
 8    the polling place or (ii)  to  the  office  of  the  election
 9    authority   before   the   closing  of  the  polls  in  those
10    jurisdictions that have adopted a Direct Recording Electronic
11    Voting System under  Article  24C  and  that  count  absentee
12    ballots in the office of the election authority.
13    (Source: P.A. 86-875.)

14        (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
15        Sec.  20-2.1.  Citizens  of the United States temporarily
16    residing outside the territorial limits of the United  States
17    who  are  not  registered but otherwise qualified to vote and
18    who expect to be absent from their county of residence during
19    the periods of voter registration provided for in Articles 4,
20    5 or 6 of this Code and on the day of holding  any  election,
21    may  make  simultaneous application to the election authority
22    having jurisdiction over their precinct of residence  for  an
23    absentee  registration  and  absentee ballot not less than 30
24    days before the election. Such application may be made on the
25    official postcard or on a  form  furnished  by  the  election
26    authority  as  prescribed  by Section 20-3 of this Article. A
27    request pursuant to this Section shall entitle the  applicant
28    to  an  absentee  ballot  for  every election in one calendar
29    year. The original application for ballot shall  be  kept  in
30    the  office  of  the  election  authority  for  one  year  as
31    authorization to send a ballot to the voter for each election
32    to  be  held  within that calendar year.  A certified copy of
33    such application for ballot shall be sent each election  with
 
                            -36-     LRB093 11310 JAM 13280 a
 1    the  absentee  ballot to the polling place to be used in lieu
 2    of the original application for ballot.
 3        Registration shall be required in order to vote  pursuant
 4    to  this Section. However, if the election authority receives
 5    one of such applications after 30 days but not less  than  10
 6    days  before a Federal election, said applicant shall be sent
 7    a ballot containing the Federal offices only and registration
 8    for that election shall be waived.
 9        Ballots  under  this  Section  shall  be  mailed  by  the
10    election authority in the manner prescribed by  Section  20-5
11    of this Article and not otherwise.
12        Ballots  under  this  Section  must  be  returned  to the
13    election authority in sufficient time for delivery (i) to the
14    proper precinct polling place before the closing of the polls
15    on the day of the election in those jurisdictions that  count
16    absentee  ballots  in the polling place or (ii) to the office
17    of the election authority before the closing of the polls  on
18    election  day  in  those  jurisdictions  that  have adopted a
19    Direct Recording Electronic Voting System under  Article  24C
20    and that count absentee ballots in the office of the election
21    authority.
22    (Source: P.A. 86-875.)

23        (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
24        Sec.   20-2.2.    Any   non-resident   civilian  citizen,
25    otherwise qualified to vote,  may  make  application  to  the
26    election  authority  having jurisdiction over his precinct of
27    former  residence  for  an  absentee  ballot  containing  the
28    Federal offices only not less than 10 days before  a  Federal
29    election.   Such application may be made only on the official
30    postcard. A request pursuant to this  Section  shall  entitle
31    the applicant to an absentee ballot for every election in one
32    calendar  year  at  which  Federal  offices  are  filled. The
33    original application for ballot shall be kept in  the  office
 
                            -37-     LRB093 11310 JAM 13280 a
 1    of  the  election  authority for one year as authorization to
 2    send a ballot to the voter  for  each  election  to  be  held
 3    within  that  calendar  year  at  which  Federal  offices are
 4    filled.  A certified copy  of  such  application  for  ballot
 5    shall  be  sent each election with the absentee ballot to the
 6    polling place to be used in lieu of the original  application
 7    for  ballot.  No  registration  shall be required in order to
 8    vote pursuant to this Section.  Ballots  under  this  Section
 9    shall  be  mailed  by  the  election  authority in the manner
10    prescribed by Section 20-5 of this Article and not otherwise.
11    Ballots under this Section must be returned to  the  election
12    authority  in  sufficient time for delivery (i) to the proper
13    precinct polling place before the closing of the polls on the
14    day  of  the  election  in  those  jurisdictions  that  count
15    absentee ballots in the polling place or (ii) to  the  office
16    of  the election authority before the closing of the polls on
17    election day in  those  jurisdictions  that  have  adopted  a
18    Direct  Recording  Electronic Voting System under Article 24C
19    and that count absentee ballots in the office of the election
20    authority.
21    (Source: P.A. 86-875.)

22        (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
23        Sec. 20-7. Upon receipt of such  absent  voter's  ballot,
24    the  officer  or  officers  above  described  shall forthwith
25    enclose the same unopened, together with the application made
26    by said absent voter in a large  or  carrier  envelope  which
27    shall  be  securely  sealed  and  endorsed  with the name and
28    official title of such officer and the words, "This  envelope
29    contains  an  absent  voter's  ballot  and  must be opened on
30    election day," together with the number  and  description  of
31    the  precinct  in  which said ballot is to be voted, and such
32    officer shall thereafter safely keep the same in  his  office
33    until  counted  by  him  as provided in this Article the next
 
                            -38-     LRB093 11310 JAM 13280 a
 1    section.
 2        Except as provided in Article 24C, the election authority
 3    may choose (i) to deliver the absentee ballots to the  proper
 4    precinct  polling  place before the close of the polls on the
 5    election day to be counted by the precinct judges or (ii)  to
 6    have  the  absentee  ballots  received  after  12:00  noon on
 7    election day or too late for delivery before the  closing  of
 8    the  polls  on  election  day  counted  in  the office of the
 9    election authority by one or more panels of  election  judges
10    appointed in the manner provided for in this Code.
11    (Source: P.A. 81-155.)

12        (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
13        Sec.  20-8.  (a) In  election  jurisdictions  that  count
14    absentee  ballots in the polling place, this subsection shall
15    apply.
16        In case any such  ballot  is  received  by  the  election
17    authority   prior  to the delivery of the official ballots to
18    the judges of election of the precinct in which said  elector
19    resides,  such ballot envelope and application, sealed in the
20    carrier envelope, shall be enclosed in the same package  with
21    the  other  official  ballots  and therewith delivered to the
22    judges of such precinct. In case  the  official  ballots  for
23    such  precinct  have been delivered to the judges of election
24    at the time of the receipt by the election authority of  such
25    absent  voter's  ballot,  it  shall  immediately enclose said
26    envelope containing the absent voter's ballot, together  with
27    his  application  therefor,  in  a larger or carrier envelope
28    which shall be securely sealed and addressed on the  face  to
29    the  judges  of  election,  giving  the  name  or  number  of
30    precinct, street and number of polling place, city or town in
31    which  such  absent  voter  is  a  qualified elector, and the
32    words, "This envelope contains an absent voter's  ballot  and
33    must  be opened only on election day at the polls immediately
 
                            -39-     LRB093 11310 JAM 13280 a
 1    after the  polls  are  closed,"  mailing  the  same,  postage
 2    prepaid, to such judges of election, or if more convenient he
 3    or it may deliver such absent voter's ballot to the judges of
 4    election  in person or by duly deputized agent and secure his
 5    receipt for  delivery  of  such  ballot  or  ballots.  Absent
 6    voter's  ballots  postmarked  after  11:59  p.m.  of  the day
 7    immediately preceding the election returned to  the  election
 8    authority  too  late  to  be  delivered to the proper polling
 9    place before the closing of the polls on the day of  election
10    shall  be  endorsed by the person receiving the same with the
11    day and hour of receipt and shall be safely kept unopened  by
12    the  election  authority  for the period of time required for
13    the preservation of ballots used at such election, and  shall
14    then,  without  being  opened, be destroyed in like manner as
15    the used ballots of such election.
16        (b)  All absent voters' ballots received by the  election
17    authority  after  12:00  noon on election day or too late for
18    delivery to the proper polling place before  the  closing  of
19    the  polls  on  election day, except ballots returned by mail
20    postmarked after midnight preceding the opening of the  polls
21    on  election  day, and all absent voters' ballots in election
22    jurisdictions that use voting systems authorized  by  Article
23    24C  shall be counted in the office of the election authority
24    on the day of the election after 7:00 p.m. All absent voters'
25    ballots delivered in error  to  the  wrong  precinct  polling
26    place shall be returned to the election authority and counted
27    under this provision.
28        Such  counting shall commence no later than 8:00 p.m. and
29    shall be conducted by a panel or panels  of  election  judges
30    appointed  in the manner provided by law. Such counting shall
31    continue  until  all  absent  voters'  ballots  received   as
32    aforesaid have been counted.
33        The  procedures set forth in Section 19-9 of this Act and
34    Articles 17 and 18 of this Code, shall apply  to  all  absent
 
                            -40-     LRB093 11310 JAM 13280 a
 1    voters'  ballots  counted  under  this provision; except that
 2    votes  shall  be  recorded  by  without  regard  to  precinct
 3    designation.
 4        Where certain absent voters' ballots are counted  in  the
 5    office of the election authority as provided in this Section,
 6    each   political   party,   candidate   and  qualified  civic
 7    organization  shall  be  entitled   to   have   present   one
 8    pollwatcher   for  each  panel  of  election  judges  therein
 9    assigned.
10    (Source: P.A. 84-861.)

11        (10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
12        Sec. 20-9. At the close of the regular balloting  and  at
13    the  close of the polls the judges of election of each voting
14    precinct or the panel or panels of judges in  the  office  of
15    the  election authority, as the case may be, shall proceed to
16    cast the absent voter's ballot separately, and as each absent
17    voter's ballot is taken  shall  open  the  outer  or  carrier
18    envelope,  announce  the absent voter's name, and compare the
19    signature upon the application with the  signature  upon  the
20    registration  record  card if the voter is registered or upon
21    the certification on the  ballot  envelope  if  there  is  no
22    registration card. In case the judges find the certifications
23    properly  executed,  that the signatures correspond, that the
24    applicant is a duly qualified elector in the precinct and the
25    applicant has not been present and voted  within  the  county
26    where he represents himself to be a qualified elector on such
27    election  day,  they  shall  open the envelope containing the
28    absent voter's ballot in such manner  as  not  to  deface  or
29    destroy  the  certification  thereon,  or  mark  or  tear the
30    ballots therein and take out the ballot  or  ballots  therein
31    contained  without  unfolding  or  permitting  the same to be
32    unfolded or examined, and having endorsed  or  initialed  the
33    ballot  in  like  manner  as other ballots are required to be
 
                            -41-     LRB093 11310 JAM 13280 a
 1    endorsed, shall deposit the same in the proper ballot box  or
 2    boxes   and   mark   the  voter's  registration  record  card
 3    accordingly or file the  application  in  lieu  thereof.  The
 4    judges   shall   place   the  absentee  ballot  certification
 5    envelopes in a separate envelope as per the direction of  the
 6    election  authority.  Such  envelope  containing the absentee
 7    ballot certification  envelopes  shall  be  returned  to  the
 8    election  authority  and  preserved  in  like  manner  as the
 9    official poll record.
10        In case the signatures do not  correspond,  or  that  the
11    applicant is not a duly qualified elector in such precinct or
12    that  the  ballot  envelope  is  open  or has been opened and
13    resealed (except for the purpose of military censorship),  or
14    that  said  voter  is present and has voted within the county
15    where he represents himself to be a qualified elector on  the
16    day  of  such  election at such election such previously cast
17    vote shall not be allowed, but  without  opening  the  absent
18    voter's envelope the judge of such election shall mark across
19    the face thereof, "Rejected", giving the reason therefor.
20        In  case  the ballot envelope contains duplicate ballots,
21    said ballots shall  not  be  counted,  but  shall  be  marked
22    "Rejected", giving the reason therefor.
23        The  absent  voters' envelopes and certifications and the
24    absent voters' envelope with its contents unopened, when such
25    absent vote is rejected shall be retained  and  preserved  in
26    the manner as now provided for the retention and preservation
27    of official ballots rejected at such election.
28    (Source: P.A. 87-1052.)

29        (10 ILCS 5/20-15)
30        Sec.  20-15.  Precinct tabulation optical scan technology
31    voting  equipment  and  direct  recording  electronic  voting
32    systems equipment.
33        If the election authority has adopted the use of Precinct
 
                            -42-     LRB093 11310 JAM 13280 a
 1    Tabulation Optical Scan Technology voting equipment  pursuant
 2    to  Article  24B  of this Code or Direct Recording Electronic
 3    Voting Systems equipment under Article 24C of this Code,  and
 4    the  provisions of those Articles the Article are in conflict
 5    with the provisions of this Article  20,  the  provisions  of
 6    Article  24B or Article 24C, as the case may be, shall govern
 7    the procedures followed by the election authority, its judges
 8    of elections, and all employees and agents.  In following the
 9    provisions of  Article  24B  or  Article  24C,  the  election
10    authority  is  authorized to develop and implement procedures
11    to fully utilize Precinct Tabulation Optical Scan  Technology
12    voting   equipment  or  Direct  Recording  Electronic  Voting
13    Systems equipment authorized by the State Board of  Elections
14    as  long  as  the  procedure  is  not in conflict with either
15    Article 24B, Article 24C, or the administrative rules of  the
16    State Board of Elections.
17    (Source: P.A. 89-394, eff. 1-1-97.)

18        (10 ILCS 5/Art. 24C heading new)
19                   ARTICLE 24C.  DIRECT RECORDING
20                      ELECTRONIC VOTING SYSTEMS

21        (10 ILCS 5/24C-1 new)
22        Sec.  24C-1.  Purpose.  The purpose of this Article is to
23    authorize the  use  of  Direct  Recording  Electronic  Voting
24    Systems  approved  by  the  State  Board  of Elections.  In a
25    Direct Recording Electronic Voting System, voters cast  votes
26    by  means  of  a  ballot  display provided with mechanical or
27    electro-optical devices that can be activated by  the  voters
28    to  mark their choices for the candidates of their preference
29    and for or against public questions. The voting devices shall
30    be capable of instantaneously recording  the  votes,  storing
31    the  votes,  and  tabulating  the votes at the precinct. This
32    Article authorizes the use  of  Direct  Recording  Electronic
 
                            -43-     LRB093 11310 JAM 13280 a
 1    Voting  Systems for in-precinct counting applications, except
 2    that absentee ballots must be counted at the  office  of  the
 3    election authority.

 4        (10 ILCS 5/24C-2 new)
 5        Sec. 24C-2. Definitions.  As used in this Article:
 6        "Audit  trail"  means  a  continuous  trail  of  evidence
 7    linking  individual  transactions  related  to the vote count
 8    with the summary record of vote totals, but  that  shall  not
 9    allow  for  the  identification  of  the voter. An electronic
10    voting system shall produce a permanent paper record  with  a
11    manual  audit  capacity  for each ballot cast at the time the
12    voter votes that the  voter  shall  review  ("voter  verified
13    paper  audit  trail")  prior  to  the  voter  depositing  the
14    permanent paper record into a "ballot" box before leaving the
15    polling place. This voter verified paper audit trail shall be
16    cross-auditable  against  the  electronic ballots recorded by
17    the voting machine as a verification of the accuracy  of  the
18    count  and  detection  of  any  possible problems with either
19    electronic ballots or voter verified paper audit  trail,  but
20    shall  not  allow  for  the  identification of the voter. The
21    voter verified paper audit trail shall be  available  as  the
22    official record for any recount conducted for any election in
23    which the system is used. It shall permit verification of the
24    accuracy  of  the  count  and  detection  and  correction  of
25    problems  and  shall  provide a record of each step taken in:
26    defining  and  producing  ballots  and   generating   related
27    software  for  specific  elections;  installing  ballots  and
28    software;  testing  system  readiness; casting and tabulating
29    ballots; and producing reports of vote  totals.   The  record
30    shall  incorporate system status and error messages generated
31    during  election  processing,  including  a  log  of  machine
32    activities and routine and unusual intervention by authorized
33    and unauthorized individuals.  Also part of an election audit
 
                            -44-     LRB093 11310 JAM 13280 a
 1    trail is the documentation of such items as ballots delivered
 2    and collected, administrative procedures for system security,
 3    pre-election  testing  of  voting  systems,  and  maintenance
 4    performed on voting equipment.
 5        "Ballot" means an electronic audio or  video  display  or
 6    any  other  medium  used  to record a voter's choices for the
 7    candidates of his or her preference and for or against public
 8    questions.
 9        "Ballot configuration" means the  particular  combination
10    of  political  subdivision or district ballots including, for
11    each  political  subdivision  or  district,  the   particular
12    combination of offices, candidate names, and public questions
13    as they appear for each group of voters who may cast the same
14    ballot.
15        "Ballot  image"  means  a corresponding representation in
16    electronic form of the mark or vote position of a ballot.
17        "Ballot label" or "ballot screen" means  the  display  of
18    material  containing  the names of offices and candidates and
19    public questions to be voted on.
20        "Computer",   "automatic   and   electronic    tabulating
21    equipment",  or  "equipment" includes (i) apparatus necessary
22    to automatically or electronically examine and count votes as
23    designated on ballots and (ii) data processing machines  that
24    can be used for counting ballots and tabulating results.
25        "Computer   operator"   means   any   person  or  persons
26    designated by the election authority to operate the automatic
27    tabulating equipment during any portion of the vote  tallying
28    process  in  an  election,  but  shall  not include judges of
29    election operating vote tabulating equipment in the precinct.
30        "Computer  program"  or  "program"  means  the   set   of
31    operating   instructions  for  the  automatic  or  electronic
32    tabulating  equipment   that   examines,   records,   counts,
33    tabulates, canvasses, and prints votes recorded by a voter on
34    a ballot.
 
                            -45-     LRB093 11310 JAM 13280 a
 1        "Direct  recording  electronic  voting  system",  "voting
 2    system",  or  "system" means the combination of equipment and
 3    programs that records votes by  means  of  a  ballot  display
 4    provided  with mechanical or electro-optical devices that can
 5    be activated by the voter, that processes the data  by  means
 6    of  a  computer  program, that records voting data and ballot
 7    images in internal memory  devices,  that  produces  a  voter
 8    verified paper audit trail, and that produces a tabulation of
 9    the  voting data as hard copy or stored in a removable memory
10    device.
11        "Edit listing" means a computer generated listing of  the
12    names of each candidate and public question as they appear in
13    the program for each precinct.
14        "In-precinct  counting"  means the recording and counting
15    of ballots on automatic or  electronic  tabulating  equipment
16    provided  by  the  election  authority  in  the same precinct
17    polling place in which those ballots have been cast.
18        "Separate ballot" means a separate page or display screen
19    of the ballot that is  clearly  defined  and  distinguishable
20    from other portions of the ballot.
21        "Voting  device"  or  "voting  machine"  means  a  Direct
22    Recording Voting System apparatus.
23        "Voter  verified  paper  audit  trail"  means a permanent
24    paper record with a manual audit capacity produced  for  each
25    ballot cast at the time the voter votes. The voter shall have
26    the  opportunity  to  review this permanent paper record. Any
27    record of voter intent shall be  written  in  human  readable
28    form  on  this  permanent  paper  record.  Election officials
29    retain this permanent paper record as the official record for
30    any recount conducted with respect to any election  in  which
31    the system is used.

32        (10 ILCS 5/24C-3 new)
33        Sec.  24C-3. Adoption, experimentation, or abandonment of
 
                            -46-     LRB093 11310 JAM 13280 a
 1    Direct Recording  Electronic  Voting  System;  boundaries  of
 2    precincts;  notice.   Any  county  board  or  board of county
 3    commissioners,  with  respect   to   territory   within   its
 4    jurisdiction, may adopt, experiment with, or abandon a Direct
 5    Recording  Electronic  Voting  System approved for use by the
 6    State Board of Elections and may use the  system  in  all  or
 7    some   of  the  precincts  within  its  jurisdiction,  or  in
 8    combination  with  punch  cards,  paper  ballots,  or  ballot
 9    sheets. In no case  may  a  county  board,  board  of  county
10    commissioners, or board of election commissioners contract or
11    arrange  for  the  purchase,  lease,  or  loan  of  a  Direct
12    Recording   Electronic  Voting  System  or  system  component
13    without the approval of  the  State  Board  of  Elections  as
14    provided  by  Section  24C-16.  The county board and board of
15    county commissioners of each county having  a  population  of
16    40,000  or  more,  with respect to all elections for which an
17    election authority is charged  with  the  duty  of  providing
18    materials   and   supplies,  must  provide  either  a  Direct
19    Recording Electronic Voting System approved for  use  by  the
20    State Board of Elections under this Article or voting systems
21    under  Article  24,  Article  24A,  or  Article  24B for each
22    precinct for all elections, except  as  provided  in  Section
23    24-1.2.   For  purposes of this Section "population" does not
24    include persons prohibited from voting by Section 3-5 of this
25    Code.
26        Before any Direct Recording Electronic Voting  System  is
27    introduced, adopted, or used in any precinct or territory, at
28    least 2 months public notice must be given before the date of
29    the  first  election  when  the  system  is  to be used.  The
30    election authority shall publish the notice at least once  in
31    one  or more newspapers published within the county, or other
32    jurisdiction, where the election is held.   If  there  is  no
33    such  newspaper, the notice shall be published in a newspaper
34    published in the county  and  having  a  general  circulation
 
                            -47-     LRB093 11310 JAM 13280 a
 1    within  the  jurisdiction.  The notice shall be substantially
 2    as follows:
 3        "Notice is hereby given that on (give date),  at  (insert
 4    place  where  election  is  held)  in  the  county of (insert
 5    county) an election will be held for (insert name of  offices
 6    to  be  filled) at which a Direct Recording Electronic Voting
 7    System will be used."
 8        Dated at ... (insert date)"
 9        This notice referred to shall be given only at the  first
10    election  at  which  the  Direct  Recording Electronic Voting
11    System is used.

12        (10 ILCS 5/24C-3.1 new)
13        Sec. 24C-3.1. Retention, consolidation, or alteration  of
14    existing  precincts;  change  of  location.   When  a  Direct
15    Recording  Electronic Voting System is used, the county board
16    or  board  of  election  commissioners  may  retain  existing
17    precincts or may consolidate, combine,  alter,  decrease,  or
18    enlarge  the boundaries of the precincts to change the number
19    of registered voters  of  the  precincts  using  the  system,
20    establishing  the  number  of  registered  voters within each
21    precinct at a number not to exceed  800  as  the  appropriate
22    county  board  or  board of election commissioners determines
23    will afford adequate  voting  facilities  and  efficient  and
24    economical elections.
25        Except  in  the  event of a fire, flood, or total loss of
26    heat in a place fixed or established pursuant to law  by  any
27    county  board or board of election commissioners as a polling
28    place for an election, no election authority shall change the
29    location of a polling  place  established  for  any  precinct
30    after  notice  of  the place of holding the election for that
31    precinct has been given as required under Article 12,  unless
32    the  election authority notifies all registered voters in the
33    precinct of the change in location by  first  class  mail  in
 
                            -48-     LRB093 11310 JAM 13280 a
 1    sufficient  time  for  the  notice  to  be  received  by  the
 2    registered  voters  in the precinct at least one day prior to
 3    the date of the election.

 4        (10 ILCS 5/24C-4 new)
 5        Sec. 24C-4. Use of  Direct  Recording  Electronic  Voting
 6    System;  requisites;  applicable procedure.  Direct Recording
 7    Electronic Voting Systems may be used in  elections  provided
 8    that  the  systems  enable  the  voter to cast a vote for all
 9    offices and on all public questions for which he  or  she  is
10    entitled  to  vote, and that the systems are approved for use
11    by the State Board of Elections.
12        So far as applicable, the procedure provided  for  voting
13    paper  ballots  shall  apply when Direct Recording Electronic
14    Voting Systems are used.  The provisions of this Article  24C
15    will govern when there are conflicts.

16        (10 ILCS 5/24C-5 new)
17        Sec.  24C-5.  Voting booths.  In precincts where a Direct
18    Recording Electronic Voting  System  is  used,  a  sufficient
19    number  of voting booths shall be provided for the use of the
20    system according to the requirements determined by the  State
21    Board  of  Elections.  Each booth shall be placed so that the
22    entrance to each booth faces a wall in a manner that no judge
23    of election or pollwatcher is able to observe a voter casting
24    a ballot.

25        (10 ILCS 5/24C-5.1 new)
26        Sec. 24C-5.1. Instruction of voters.  Before entering the
27    voting booth each voter shall be offered instruction in using
28    the  Direct   Recording   Electronic   Voting   System.    In
29    instructing  voters, no election judge may show partiality to
30    any political party or candidate.  The duties of  instruction
31    shall  be  discharged  by  a judge from each of the political
 
                            -49-     LRB093 11310 JAM 13280 a
 1    parties represented  and  they  shall  alternate  serving  as
 2    instructor  so  that  each  judge  shall serve a like time at
 3    those duties.  No instructions may be given after  the  voter
 4    has entered the voting booth.
 5        No  election judge or person assisting a voter may in any
 6    manner request, suggest, or seek to persuade  or  induce  any
 7    voter  to  cast  his  or  her vote for any particular ticket,
 8    candidate,  amendment,   question,   or   proposition.    All
 9    instructions  shall  be  given by election judges in a manner
10    that it may be observed  by  other  persons  in  the  polling
11    place.

12        (10 ILCS 5/24C-5.2 new)
13        Sec.   24C-5.2.   Demonstration   of   Direct   Recording
14    Electronic  Voting System; placement in public library.  When
15    a Direct Recording Electronic Voting System is to be used  in
16    a  forthcoming  election, the election authority may provide,
17    for the purpose of instructing voters in  the  election,  one
18    demonstrator  Direct  Recording Electronic Voting System unit
19    for placement in any  public  library  within  the  political
20    subdivision  where the election occurs. If the placement of a
21    demonstrator takes place it shall be made available at  least
22    30 days before the election.

23        (10 ILCS 5/24C-6 new)
24        Sec.  24C-6.  Ballot  information;  arrangement; absentee
25    ballots; spoiled ballots.  The ballot information  shall,  as
26    far  as  practicable, be in the order of arrangement provided
27    for paper ballots, except that  the  information  may  be  in
28    vertical  or horizontal rows or on a number of separate pages
29    or display screens.
30        All public questions, including but not limited to public
31    questions   calling   for   a   constitutional    convention,
32    constitutional  amendment,  or  judicial  retention, shall be
 
                            -50-     LRB093 11310 JAM 13280 a
 1    placed on the ballot  separate  and  apart  from  candidates.
 2    Ballots  for all public questions shall be clearly designated
 3    pursuant  to  administrative  rule  of  the  State  Board  of
 4    Elections.  More than one amendment to the  constitution  may
 5    be   placed  on  the  same  portion  of  the  ballot  screen.
 6    Constitutional   convention   or   constitutional   amendment
 7    propositions  shall  precede   all   candidates   and   other
 8    propositions and shall be placed on a separate portion of the
 9    ballot  and  designated  by  borders or unique color screens,
10    unless otherwise provided by administrative rule of the State
11    Board of Elections.  More than one  public  question  may  be
12    placed  on the same portion of the ballot. Judicial retention
13    propositions shall be placed on a  separate  portion  of  the
14    ballot  designated  pursuant  to  administrative  rule of the
15    State Board of  Elections.  More  than  one  proposition  for
16    retention  of  judges  in  office  may  be placed on the same
17    portion of the ballot.
18        The party affiliation, if any, of each candidate  or  the
19    word  "independent",  where  applicable, shall appear near or
20    under the candidate's name, and the names of  candidates  for
21    the same office shall be listed vertically under the title of
22    that  office.   In  the  case  of  nonpartisan  elections for
23    officers of political subdivisions, unless the statute or  an
24    ordinance  adopted  pursuant  to  Article VII of the Illinois
25    Constitution requires otherwise, the listing  of  nonpartisan
26    candidates  shall  not  include  any  party  or "independent"
27    designation. In primary elections, a separate  ballot,  shall
28    be  used for each political party holding a primary, with the
29    ballot arranged to include names of  the  candidates  of  the
30    party and public questions and other propositions to be voted
31    upon on the day of the primary election.
32        If  the  ballot  includes  both candidates for office and
33    public questions or propositions to be voted on, the election
34    official in charge of the election shall divide the ballot in
 
                            -51-     LRB093 11310 JAM 13280 a
 1    sections for "Candidates" and "Public Questions", or separate
 2    ballots may be used.
 3        Any voter who spoils his or her ballot or makes an  error
 4    shall  be  provided  a  means  of  correcting  the  ballot or
 5    obtaining a new ballot prior to casting his or her ballot.

 6        (10 ILCS 5/24C-6.1 new)
 7        Sec. 24C-6.1. Security  designation.   In  all  elections
 8    conducted  under  this Article, ballots shall have a security
 9    designation.   In  precincts  where  more  than  one   ballot
10    configuration  may  be  voted  upon,  ballots  shall  have  a
11    different security designation for each ballot configuration.
12    If a precinct has only one possible ballot configuration, the
13    ballots  must  have  a  security  designation to identify the
14    precinct and the election.  Where ballots from more than  one
15    precinct  are being tabulated, the ballots from each precinct
16    must be clearly identified; official  results  shall  not  be
17    generated unless the precinct identification for any precinct
18    corresponds.   The  Direct Recording Electronic Voting System
19    shall be  designed  to  ensure  that  the  proper  ballot  is
20    selected  for  each  polling place and that the format can be
21    matched to the software or firmware required to interpret  it
22    correctly.   The  system shall provide a means of programming
23    each piece of equipment to reflect the ballot requirements of
24    the election and shall include a  means  for  validating  the
25    correctness  of the program and of the program's installation
26    in the equipment or in a programmable memory device.

27        (10 ILCS 5/24C-7 new)
28        Sec. 24C-7. Write-in ballots.  Pursuant to administrative
29    rule of the State Board  of  Elections,  a  Direct  Recording
30    Electronic  Voting  System shall provide an acceptable method
31    for a voter to vote for a person whose name does  not  appear
32    on  the  ballot  using  the  same Direct Recording Electronic
 
                            -52-     LRB093 11310 JAM 13280 a
 1    Voting System used to record votes for candidates whose names
 2    do appear on the ballot.

 3        (10 ILCS 5/24C-8 new)
 4        Sec. 24C-8. Preparation for use; comparison  of  ballots;
 5    operational  checks  of  Direct  Recording  Electronic Voting
 6    Systems  equipment;  pollwatchers.   The  election  authority
 7    shall cause the approved Direct Recording  Electronic  Voting
 8    System  equipment  to  be  delivered  to  the polling places.
 9    Before  the  opening  of  the  polls,  all  Direct  Recording
10    Electronic Voting System  devices  shall  provide  a  printed
11    record   of   the   following,   upon   verification  of  the
12    authenticity of the commands by  a  judge  of  election:  the
13    election's   identification   data,   the   equipment's  unit
14    identification,  the  ballot's  format  identification,   the
15    contents  of  each active candidate register by office and of
16    each  active  public  question  register  showing  that  they
17    contain all zeros, all ballot fields  that  can  be  used  to
18    invoke  special  voting options, and other information needed
19    to ensure the readiness of the equipment, and to  accommodate
20    administrative reporting requirements.
21        The  Direct  Recording  Electronic  Voting  System  shall
22    provide  a  means for the election judges to open the polling
23    place and ready the equipment for  the  casting  of  ballots.
24    Those means shall incorporate a security seal, a password, or
25    a  data code recognition capability to prevent inadvertent or
26    unauthorized actuation of the poll-opening function.  If more
27    than one step is required, it shall enforce  their  execution
28    in the proper sequence.
29        Pollwatchers,  as  provided by law, shall be permitted to
30    closely  observe  the  judges  in  these  procedures  and  to
31    periodically inspect the Direct Recording  Electronic  Voting
32    System equipment when not in use by the voters.
 
                            -53-     LRB093 11310 JAM 13280 a
 1        (10 ILCS 5/24C-9 new)
 2        Sec. 24C-9. Testing of Direct Recording Electronic Voting
 3    System  equipment  and  programs;  custody  of programs, test
 4    materials, and  ballots.   Prior  to  the  public  test,  the
 5    election authority shall conduct an errorless pre-test of the
 6    Direct  Recording  Electronic  Voting  System  equipment  and
 7    programs  to determine that they will correctly detect voting
 8    defects and count the votes cast  for  all  offices  and  all
 9    public  questions.   On any day not less than 5 days prior to
10    the election day, the election authority shall publicly  test
11    the  Direct  Recording Electronic Voting System equipment and
12    programs to determine that  they  will  correctly  count  the
13    votes  cast  for  all  offices  and  on all public questions.
14    Public notice of the time and place  of  the  test  shall  be
15    given  at  least  48  hours before the test by publishing the
16    notice  in  one  or  more  newspapers  within  the   election
17    jurisdiction  of  the  election  authority, if a newspaper is
18    published in  that  jurisdiction.   If  a  newspaper  is  not
19    published  in that jurisdiction, notice shall be published in
20    a newspaper of  general  circulation  in  that  jurisdiction.
21    Timely written notice stating the date, time, and location of
22    the  public test shall also be provided to the State Board of
23    Elections.  The test shall be open to representatives of  the
24    political  parties,  the  press, representatives of the State
25    Board of  Elections,  and  the  public.  The  test  shall  be
26    conducted by entering a preaudited group of ballots marked to
27    record  a  predetermined  number  of  valid  votes  for  each
28    candidate  and on each public question, and shall include for
29    each office one or more ballots having  votes  exceeding  the
30    number  allowed  by law to test the ability of the electronic
31    tabulating equipment to reject the  votes.   The  test  shall
32    also include producing an edit listing.
33        The  State Board of Elections may select as many election
34    jurisdictions that the Board deems advisable in the interests
 
                            -54-     LRB093 11310 JAM 13280 a
 1    of the election process of this State to order a special test
 2    of the electronic tabulating equipment and program before any
 3    regular election.  The Board may order a special test in  any
 4    election  jurisdiction where, during the preceding 12 months,
 5    computer programming errors or other errors in the use of the
 6    system resulted in vote tabulation errors.  Not less than  30
 7    days  before any election, the State Board of Elections shall
 8    provide written notice to those selected jurisdictions of its
 9    intent to conduct a test.  Within 5 days of  receipt  of  the
10    State Board of Elections' written notice of intent to conduct
11    a  test,  the  selected  jurisdictions  shall  forward to the
12    principal office of the State Board of Elections  a  copy  of
13    all  specimen  ballots.   The State Board of Elections' tests
14    shall be conducted and completed not less than 2 days  before
15    the public test using testing materials supplied by the Board
16    and  under  the supervision of the Board, and the Board shall
17    reimburse the election authority for the reasonable  cost  of
18    computer time required to conduct the special test.  After an
19    errorless  test, materials used in the public test, including
20    the program, if  appropriate,  shall  be  sealed  and  remain
21    sealed  until  the test is run again on election day.  If any
22    error is detected, the cause of the error shall be determined
23    and corrected, and an errorless public  test  shall  be  made
24    before  the automatic tabulating equipment is approved.  Each
25    election authority shall file a sealed copy  of  each  tested
26    program  to  be  used  within its jurisdiction at an election
27    with the State Board of Elections before the election.    The
28    Board  shall  secure the program or programs of each election
29    jurisdiction so filed in its office for the 60 days following
30    the canvass and proclamation of  election  results.   At  the
31    expiration  of that time, if no election contest or appeal is
32    pending in an election jurisdiction, the Board  shall  return
33    the  sealed  program or programs to the election authority of
34    the jurisdiction. After the completion of the count, the test
 
                            -55-     LRB093 11310 JAM 13280 a
 1    shall be re-run using the same  program.   Immediately  after
 2    the  re-run, all material used in testing the program and the
 3    programs shall be sealed and retained under  the  custody  of
 4    the  election  authority  for  a  period  of 60 days.  At the
 5    expiration of that time the election authority shall  destroy
 6    the  voted ballots, together with all unused ballots returned
 7    from the precincts, provided, that if any contest of election
 8    is pending at the time in which the ballots may  be  required
 9    as  evidence  and  the  election  authority has notice of the
10    contest, the ballots shall not be destroyed until  after  the
11    contest  is  finally  determined.   If  the  use  of  back-up
12    equipment  becomes  necessary,  the same testing required for
13    the original equipment shall be conducted.

14        (10 ILCS 5/24C-10 new)
15        Sec. 24C-10.  Recording  of  votes  by  Direct  Recording
16    Electronic   Voting  Systems.  Whenever  a  Direct  Recording
17    Electronic Voting System is used to electronically record and
18    count the votes of ballots, the provisions  of  this  Section
19    shall  apply.   A  voter shall cast a proper vote on a ballot
20    pursuant to  the  instructions  provided  on  the  screen  or
21    labels.

22        (10 ILCS 5/24C-11 new)
23        Sec.  24C-11.  Functional  requirements.  The  functional
24    requirements  of  a Direct Recording Electronic Voting System
25    shall be specified by the administrative rules of  the  State
26    Board of Elections.

27        (10 ILCS 5/24C-12 new)
28        Sec.  24C-12.  Procedures  for  counting  and tallying of
29    ballots. In an election jurisdiction where a Direct Recording
30    Electronic Voting System is  used,  the  procedures  in  this
31    Section for counting and tallying the ballots shall apply.
 
                            -56-     LRB093 11310 JAM 13280 a
 1        Before  the opening of the polls, the judges of elections
 2    shall assemble the voting equipment and devices and turn  the
 3    equipment  on.  The judges shall, if necessary, take steps to
 4    actuate  the  voting  devices  and  counting   equipment   by
 5    inserting  into  the equipment and voting devices appropriate
 6    electronic media containing passwords  and  data  codes  that
 7    will  select the proper ballot formats for that polling place
 8    and that will prevent inadvertent or  unauthorized  actuation
 9    of  the  poll-opening  function.   Before  voting  begins and
10    before ballots are  entered  into  the  voting  devices,  the
11    judges  of election shall cause to be printed a record of the
12    following: (i) the election's identification data,  (ii)  the
13    device's  unit  identification,  (iii)  the  ballot's  format
14    identification,  (iv)  the  contents of each active candidate
15    register  by  office  and  of  each  active  public  question
16    register showing that they contain all zeros, (v) all  ballot
17    fields that can be used to invoke special voting options, and
18    (vi)  other information needed to ensure the readiness of the
19    equipment  and  to   accommodate   administrative   reporting
20    requirements.  The judges must also check to be sure that the
21    totals  are  all  zeros  in  the  counting columns and in the
22    public counter affixed to the voting devices.
23        After  the  judges  have  determined  that  a  person  is
24    qualified to vote, the judges shall enable a voting device to
25    be used by the voter and the proper ballot to which the voter
26    is entitled shall be selected.  The ballot may then  be  cast
27    by  the  voter by marking by appropriate means the designated
28    area of the  ballot  for  the  casting  of  a  vote  for  any
29    candidate  or  for  or against any public question. The voter
30    shall be able to vote for any and all candidates  and  public
31    measures  appearing  on  the  ballot  in any legal number and
32    combination and the voter shall be able to delete  or  change
33    his  or  her selections before the ballot is cast.  The voter
34    shall be able to select candidates whose names do not  appear
 
                            -57-     LRB093 11310 JAM 13280 a
 1    upon  the ballot for any office by following the instructions
 2    provided on the screen or labels as many names of  candidates
 3    as the voter is entitled to select for each office.
 4        Upon  completing  his  or  her selection of candidates or
 5    public questions, the voter shall  signify  that  voting  has
 6    been  completed by activating the appropriate button, switch,
 7    or active area of the ballot screen associated  with  end  of
 8    voting.   Upon  activation, the voting system shall record an
 9    image of the completed ballot,  shall  increment  the  proper
10    ballot  position  registers,  shall  produce a voter verified
11    paper audit trail, and shall signify to the  voter  that  the
12    ballot has been cast. The voter shall exit the voting station
13    and  the  voting  system shall prevent any further attempt to
14    vote  until  it  has  been  re-activated  by  the  judges  of
15    election. If the voter fails to cast his or  her  ballot  and
16    leaves the polling place, 2 judges of election, one from each
17    of the 2 major political parties, shall spoil the ballot.
18        Throughout the election day and before the closing of the
19    polls,  no person may check any vote totals for any candidate
20    or public question on the voting or counting equipment.
21        The precinct judges of election shall  check  the  public
22    register  to  determine whether the number of ballots counted
23    by the voting equipment agrees  with  the  number  of  voters
24    voting  as shown by the applications for ballot.  If the same
25    do not  agree,  the  judges  of  election  shall  immediately
26    contact  the  offices  of the election authority in charge of
27    the election for further  instructions.   If  the  number  of
28    ballots  counted  by  the  voting  equipment  agrees with the
29    number of voters voting  as  shown  by  the  application  for
30    ballot,  the  number  shall  be  listed  on the "Statement of
31    Ballots" form provided by the election authority.
32        The totals for all candidates and propositions  shall  be
33    tabulated and 4 copies of a "Certificate of Results" shall be
34    printed by the electronic tabulating equipment.  In addition,
 
                            -58-     LRB093 11310 JAM 13280 a
 1    one  copy  shall  be posted in a conspicuous place inside the
 2    polling place and every effort shall be made by the judges of
 3    election to provide a copy for each authorized pollwatcher or
 4    other official authorized to be present in the polling  place
 5    to  observe  the counting of ballots. Additional copies shall
 6    be made available to pollwatchers, but in no case shall there
 7    be fewer than 4 chosen by lot by the judges of election.   In
 8    addition,  sufficient time shall be provided by the judges of
 9    election  to  the  pollwatchers  to  allow   them   to   copy
10    information from the copy that has been posted.
11        If  instructed  by  the election authority, the judges of
12    election shall cause the tabulated returns to be  transmitted
13    electronically  to  the offices of the election authority via
14    modem or other electronic medium.
15        The  precinct  judges  of   election   shall   select   a
16    bi-partisan  team  of  2 judges, who shall immediately return
17    the ballots in a  sealed  container,  along  with  all  other
18    election   materials  and  equipment  as  instructed  by  the
19    election authority; provided,  however,  that  the  container
20    must  first  be  sealed  by the election judges with filament
21    tape or other  approved  sealing  devices  provided  for  the
22    purpose  in  a manner that the ballots cannot be removed from
23    the container without breaking the seal or filament tape  and
24    disturbing  any  signatures affixed by the election judges to
25    the container.  The election authority shall keep the  office
26    of   the   election  authority,  or  any  receiving  stations
27    designated by the authority, open for at least 12 consecutive
28    hours after the polls close or until the ballots and election
29    material  and  equipment,  as  instructed  by  the   election
30    authority,  from all precincts within the jurisdiction of the
31    election  authority  have  been  returned  to  the   election
32    authority.   Ballots  and  election  materials  and equipment
33    returned to the office of the election authority that are not
34    signed and sealed as required by law shall not be accepted by
 
                            -59-     LRB093 11310 JAM 13280 a
 1    the election authority until the judges returning the ballots
 2    make and sign the necessary corrections.  Upon acceptance  of
 3    the  ballots  and  election  materials  and  equipment by the
 4    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
 7    whose duty it is to return any ballots and election materials
 8    and  equipment  as  provided shall, in the event the ballots,
 9    materials, or equipment  cannot  be  found  when  needed,  on
10    proper  request, produce the receipt that they are to take as
11    above provided.

12        (10 ILCS 5/24C-13 new)
13        Sec.  24C-13.  Counting   of   absentee   ballots.    All
14    jurisdictions   using   Direct  Recording  Electronic  Voting
15    Systems shall count absentee ballots at  the  office  of  the
16    election  authority.   The  provisions  of Sections 24A-9 and
17    24B-9 shall apply to the testing and notice requirements  for
18    central  count  tabulation equipment, including comparing the
19    signature on the ballot envelope with the  signature  of  the
20    voter  on  the permanent voter registration record card taken
21    from the master file; except that votes shall be recorded  by
22    precinct.
23        Any   election   authority   using   a  direct  recording
24    electronic voting system shall use  voting  systems  approved
25    for  use  under  Articles  16,  24A,  or  24B when conducting
26    absentee voting. The absentee ballots shall be  examined  and
27    processed  pursuant  to  Sections 19-9 and 20-9.  The results
28    shall be recorded by precinct and shall become  part  of  the
29    certificate of results.

30        (10 ILCS 5/24C-14 new)
31        Sec.  24C-14.  Tabulating  votes;  direction; presence of
32    public; computer operator's log and canvass.   The  procedure
 
                            -60-     LRB093 11310 JAM 13280 a
 1    for  tabulating  the votes by the Direct Recording Electronic
 2    Voting System shall be under the direction  of  the  election
 3    authority and shall conform to the requirements of the Direct
 4    Recording    Electronic    Voting   System.      During   any
 5    election-related  activity   using   the   Direct   Recording
 6    Electronic  Voting  System  equipment, the election authority
 7    shall dedicate the equipment to vote processing to ensure the
 8    security and integrity of the system.
 9        A reasonable number of pollwatchers shall be admitted  to
10    the  counting  location.   Persons may observe the tabulating
11    process at the discretion of the election authority; however,
12    at least one representative  of  each  established  political
13    party  and  authorized agents of the State Board of Elections
14    shall be permitted to observe this process at all times.   No
15    persons  except those employed and authorized for the purpose
16    shall touch any ballot, ballot box, return, or equipment.
17        The computer operator shall be designated by the election
18    authority and shall be sworn as  a  deputy  of  the  election
19    authority. In conducting the vote tabulation and canvass, the
20    computer operator must maintain a log which shall include the
21    following information:
22             (1)  alterations  made  to  programs associated with
23        the vote counting process;
24             (2)  if applicable, console messages relating to the
25        program  and  the  respective  responses  made   by   the
26        operator;
27             (3)  the  starting  time  for each precinct counted,
28        the number of ballots  counted  for  each  precinct,  any
29        equipment  problems  and,  insofar  as  practicable,  the
30        number   of  invalid  security  designations  encountered
31        during that count; and
32             (4)  changes  and  repairs  made  to  the  equipment
33        during the vote tabulation and canvass.
34        The  computer  operator's  log  and  canvass   shall   be
 
                            -61-     LRB093 11310 JAM 13280 a
 1    available for public inspection in the office of the election
 2    authority  for a period of 60 days following the proclamation
 3    of election results.  A copy of the computer  operator's  log
 4    and  the  canvass  shall be transmitted to the State Board of
 5    Elections upon its request and at its expense.

 6        (10 ILCS 5/24C-15 new)
 7        Sec.  24C-15.  Official  return  of  precinct;  check  of
 8    totals; audit. The precinct  return  printed  by  the  Direct
 9    Recording Electronic Voting System tabulating equipment shall
10    include  the  number  of  ballots  cast, ballots cast by each
11    political party for a primary election, and  votes  cast  for
12    each  candidate  and public question and shall constitute the
13    official return of each precinct. In addition to the precinct
14    return, the election authority shall provide  the  number  of
15    applications  for  ballots in each precinct, the total number
16    of ballots  counted  in  each  precinct  for  each  political
17    subdivision  and district, the number of registered voters in
18    each precinct, and the voter verified paper audit trail.  The
19    election authority  shall  check  the  totals  shown  by  the
20    precinct  return  and,  if  there  is  an obvious discrepancy
21    regarding the total number of votes  cast  in  any  precinct,
22    shall  have  the ballots for that precinct audited to correct
23    the return.  The procedures for this audit shall apply  prior
24    to  and  after  the proclamation is completed; however, after
25    the proclamation of  results,  the  election  authority  must
26    obtain  a  court  order  to  unseal  voted ballots except for
27    election contests and discovery recounts.  The certificate of
28    results, that has been prepared and signed by the  judges  of
29    election in the polling place and at the election authority's
30    office  after  the  ballots have been tabulated, shall be the
31    document used for the canvass  of  votes  for  the  precinct.
32    Whenever  a  discrepancy  exists  during the canvass of votes
33    between  the  unofficial  results  and  the  certificate   of
 
                            -62-     LRB093 11310 JAM 13280 a
 1    results,  or whenever a discrepancy exists during the canvass
 2    of votes between the certificate of results and  the  set  of
 3    totals  reflected  on the certificate of results, the ballots
 4    for that precinct shall be audited to correct the return.
 5        Prior to the proclamation, the election  authority  shall
 6    test  the voting devices and equipment in 5% of the precincts
 7    within the election jurisdiction.  The precincts to be tested
 8    shall be selected after election day on a random basis by the
 9    State Board of Elections,  so  that  every  precinct  in  the
10    election  jurisdiction  has  an  equal mathematical chance of
11    being selected.
12        The test shall be  conducted  by  entering  a  preaudited
13    group  of  ballots marked to record a predetermined number of
14    valid votes for each candidate and on each  public  question,
15    and  shall  include  for each office one or more ballots that
16    have votes in excess of the number allowed by law to test the
17    ability of the equipment to reject those votes.  If any error
18    is detected, the cause shall be determined and corrected, and
19    an errorless count  shall  be  made  prior  to  the  official
20    canvass and proclamation of election results.
21        The  State  Board  of Elections, the State's Attorney and
22    other appropriate law enforcement agencies, the  chairman  of
23    the  county  central  committee of each established political
24    party, and qualified civic organizations shall be given prior
25    written notice of the time and place of the test and  may  be
26    represented at the test.
27        The results of this re-tabulation shall be treated in the
28    same  manner  and  have the same effect as the results of the
29    discovery procedures set forth  in  Section  22-9.1  of  this
30    Code.    Upon  completion of the test, the election authority
31    shall print a report showing the results of the test and  any
32    errors encountered and the report shall be made available for
33    public inspection.
 
                            -63-     LRB093 11310 JAM 13280 a
 1        (10 ILCS 5/24C-15.01 new)
 2        Sec.  24C-15.01. Transporting ballots to central counting
 3    station;  container.   Upon  completion  of  the  tabulation,
 4    audit, or test of voting equipment, if the election authority
 5    so instructs, pursuant to Sections 24C-11 through 24C-15, the
 6    voting equipment and ballots  from  each  precinct  shall  be
 7    replaced  in  the container in which they were transported to
 8    the central counting station.  If the container is not a type
 9    that may be securely  locked,  then  each  container,  before
10    being transferred from the counting station to storage, shall
11    be  sealed  with  filament  tape wrapped around the container
12    lengthwise and crosswise, at least twice each way, and  in  a
13    manner  that the equipment and ballots cannot be removed from
14    the container without breaking the tape.

15        (10 ILCS 5/24C-15.1 new)
16        Sec. 24C-15.1. Discovery recounts and election  contests.
17    Discovery  recounts  and election contests shall be conducted
18    as otherwise provided for in this Code.  The Direct Recording
19    Electronic Voting System equipment shall be tested  prior  to
20    the  discovery  recount  or  election  contest as provided in
21    Section 24C-9  and  then  the  electronic  ballots  shall  be
22    audited against the voter verified paper audit trail.
23        The  log  of  the  computer  operator  and  all materials
24    retained by  the  election  authority  in  relation  to  vote
25    tabulation  and  canvass  shall  be  made  available  for any
26    discovery recount or election contest.

27        (10 ILCS 5/24C-16 new)
28        Sec. 24C-16.  Approval  of  Direct  Recording  Electronic
29    Voting  Systems;  requisites.   The  State Board of Elections
30    shall approve all Direct Recording Electronic Voting  Systems
31    provided by this Article.
32        No  Direct  Recording  Electronic  Voting System shall be
 
                            -64-     LRB093 11310 JAM 13280 a
 1    approved unless it fulfills the following requirements:
 2             (1)  It enables a voter to vote in absolute secrecy,
 3        except in the case of voters who  receive  assistance  as
 4        provided in this Code.
 5             (2)  It  enables  each  voter to vote at an election
 6        for all persons and offices for whom and  for  which  the
 7        voter  is  lawfully entitled to vote, to vote for as many
 8        persons for an office as the voter is  entitled  to  vote
 9        for,  and to vote for or against any public question upon
10        which the voter is entitled to vote, but no other.
11             (3)  It will detect and  reject  all  votes  for  an
12        office  or upon a public question when the voter has cast
13        more votes for the office or  upon  the  public  question
14        than  he  or  she is entitled to cast; provided, however,
15        that it will inform a voter that the voter's  choices  as
16        recorded  on  the ballot for an office or public question
17        exceeds the number that the voter is entitled to vote for
18        on that office or public  question  and  will  offer  the
19        voter   an   opportunity  to  correct  the  error  before
20        rejecting the choices recorded on the voter's ballot.
21             (4)  It will enable each voter in primary  elections
22        to  vote  only  for the candidates of the political party
23        with  which  he  or  she  had  declared  affiliation  and
24        preclude the voter from voting for any candidate  of  any
25        other political party.
26             (5)  It  enables  a  voter  to  vote  a split ticket
27        selected in part from the nominees of one party, in  part
28        from  the  nominees  of  any or all parties, in part from
29        independent candidates, and in part of  candidates  whose
30        names are written in by the voter.
31             (6)  It enables a voter, at a Presidential election,
32        by  a  single  selection  to vote for the candidates of a
33        political party for Presidential electors.
34             (7)  It will prevent  anyone  voting  for  the  same
 
                            -65-     LRB093 11310 JAM 13280 a
 1        person more than once for the same office.
 2             (8)  It  will  record and count accurately each vote
 3        properly cast for or against any  candidate  and  for  or
 4        against  any  public question, including the names of all
 5        candidates whose names are written in by the voters.
 6             (9)  It  will  be  capable  of  merging   the   vote
 7        tabulation  results  produced  by  other  vote tabulation
 8        systems, if necessary.
 9             (10)  It  will  provide  a  means  for  sealing  and
10        resealing the vote recording  devices  to  prevent  their
11        unauthorized  use  and  to  prevent tampering with ballot
12        labels.
13             (11)  It will be suitably designed for  the  purpose
14        used, be durably constructed, and be designed for safety,
15        accuracy, and efficiency.
16             (12)  It  will  be designed to accommodate the needs
17        of elderly, handicapped, and disabled voters.
18             (13)  It will enable a voter to vote  for  a  person
19        whose name does not appear on the ballot.
20             (14)  It  will  be  designed  to  ensure  that  vote
21        recording devices or electronic tabulating equipment that
22        count  votes  at  the  precinct  will  not  be capable of
23        reporting vote totals before the close of the polls.
24             (15)  It will provide a voter verified  paper  audit
25        trail for each ballot cast.
26             (16)  It will provide an audit trail.
27        The  State  Board  of Elections is authorized to withdraw
28    its approval of a Direct Recording Electronic  Voting  System
29    if the system fails to fulfill the above requirements.
30        No  vendor,  person,  or other entity may sell, lease, or
31    loan a Direct Recording Electronic Voting  System  or  system
32    component  to  any election jurisdiction unless the system or
33    system component is first approved  by  the  State  Board  of
34    Elections  pursuant  to  this  Section.  The  State  Board of
 
                            -66-     LRB093 11310 JAM 13280 a
 1    Elections shall not accept for testing  or  approval  of  any
 2    system  or system component that has not first been evaluated
 3    by an independent  testing  laboratory  or  laboratories  for
 4    performance and reliability using the standards that may from
 5    time  to  time  be  promulgated  by the United States Federal
 6    Election Commission.  When  the  functional  requirements  of
 7    this  Section  are in conflict with the standards promulgated
 8    by the Federal Election  Commission,  the  standards  of  the
 9    Federal Election Commission shall govern.

10        (10 ILCS 5/24C-17 new)
11        Sec.  24C-17.  Rules; number of voting booths.  The State
12    Board  of  Elections  may  make  reasonable  rules  for   the
13    administration  of  this Article and may prescribe the number
14    of voting booths required for the  various  types  of  voting
15    systems.

16        (10 ILCS 5/24C-18 new)
17        Sec.  24C-18.  Specimen  ballots;  publication.   When  a
18    Direct  Recording  Electronic  Voting  System  is  used,  the
19    election  authority  shall  cause to be published, at least 5
20    days before the day  of  each  general  and  general  primary
21    election,  in  2 or more newspapers published in and having a
22    general circulation in the county, a true and legible copy of
23    the  specimen  ballot  containing  the  names   of   offices,
24    candidates,  and  public questions to be voted on, as near as
25    may be, in the form in which they will appear on the official
26    ballot on election day.  A true legible copy may  be  in  the
27    form  of  an  actual  size  ballot  and shall be published as
28    required  by  this  Section  if  distributed  in  2  or  more
29    newspapers published and having a general circulation in  the
30    county as an insert.  For each election prescribed in Article
31    2A of this Code, specimen ballots shall be made available for
32    public  distribution  and  shall be supplied to the judges of
 
                            -67-     LRB093 11310 JAM 13280 a
 1    election for posting in the  polling  place  on  the  day  of
 2    election.    Notice   for   the   consolidated   primary  and
 3    consolidated elections shall be given as provided in  Article
 4    12.

 5        (10 ILCS 5/24C-19 new)
 6        Sec.  24C-19.  Additional  method of voting. This Article
 7    shall be deemed to provide a method of voting in addition  to
 8    the methods otherwise provided in this Code.

 9        (10 ILCS 5/24A-20 rep.)
10        Section  10.  The  Election  Code is amended by repealing
11    Section 24A-20.

12        Section 99.  Effective date.  This Act  takes  effect  on
13    January 1, 2004.".