Illinois General Assembly - Full Text of SB0662
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Full Text of SB0662  95th General Assembly

SB0662sam003 95TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 3/23/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 662

2     AMENDMENT NO. ______. Amend Senate Bill 662, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Election Code is amended by changing
6 Sections 9-9.5, 16-10, 17-16.1, 18-9.1, 19-8, 19A-35, 20-8,
7 24A-10.1, 24A-15, 24A-16, 24B-6, 24B-10.1, 24B-15, 24B-16,
8 24C-12, 24C-15, 24C-16, and 28-6 as follows:
 
9     (10 ILCS 5/9-9.5)
10     Sec. 9-9.5. Disclosures in political communications.
11     (a) Any political committee, organized under the Election
12 Code, that makes an expenditure for a pamphlet, circular,
13 handbill, Internet or telephone communication, radio,
14 television, or print advertisement, or other communication
15 directed at voters and mentioning the name of a candidate in
16 the next upcoming election shall ensure that the name of the

 

 

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1 political committee paying for any part of the communication,
2 including, but not limited to, its preparation and
3 distribution, is identified clearly within the communication
4 as the payor. This subsection does not apply to items that are
5 too small to contain the required disclosure. Nothing in this
6 subsection shall require disclosure on any telephone
7 communication using random sampling or other scientific survey
8 methods to gauge public opinion for or against any candidate or
9 question of public policy.
10     Whenever any vendor or other person provides any of the
11 services listed in this subsection, other than any telephone
12 communication using random sampling or other scientific survey
13 methods to gauge public opinion for or against any candidate or
14 question of public policy, the vendor or person shall keep and
15 maintain records showing the name and address of the person who
16 purchased or requested the services and the amount paid for the
17 services. The records required by this subsection shall be kept
18 for a period of one year after the date upon which payment was
19 received for the services.
20     (b) Any political committee, organized under this Code,
21 that makes an expenditure for a pamphlet, circular, handbill,
22 Internet or telephone communication, radio, television, or
23 print advertisement, or other communication directed at voters
24 and (i) mentioning the name of a candidate in the next upcoming
25 election, without that candidate's permission, or and (ii)
26 advocating for or against a public policy position shall ensure

 

 

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1 that the name of the political committee paying for any part of
2 the communication, including, but not limited to, its
3 preparation and distribution, is identified clearly within the
4 communication. Nothing in this subsection shall require
5 disclosure on any telephone communication using random
6 sampling or other scientific survey methods to gauge public
7 opinion for or against any candidate or question of public
8 policy.
9     (c) A political committee organized under this Code shall
10 not make an expenditure for any unsolicited telephone call to
11 the line of a residential telephone customer in this State
12 using any method to block or otherwise circumvent that
13 customer's use of a caller identification service.
14 (Source: P.A. 93-615, eff. 11-19-03; 93-847, eff. 7-30-04;
15 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
16     (10 ILCS 5/16-10)  (from Ch. 46, par. 16-10)
17     Sec. 16-10. The judges of election shall cause not less
18 than one of such cards to be posted in each voting booth
19 provided for the preparation of ballots, and not less than four
20 of such cards to be posted in and about the polling places upon
21 the day of election. In every county of not more than 500,000
22 inhabitants, each election authority shall cause to be
23 published, prior to the day of any election, in at least two
24 newspapers, if there be so many published in such county, a
25 list of all the nominations made as in this Act provided and to

 

 

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1 be voted for at such election, as near as may be, in the form in
2 which they shall appear upon the general ballot; provided that
3 this requirement shall not apply with respect to any
4 consolidated primary for which the local election official is
5 required to make the publication under Section 7-21.
6 (Source: P.A. 80-1469.)
 
7     (10 ILCS 5/17-16.1)  (from Ch. 46, par. 17-16.1)
8     Sec. 17-16.1. Write-in votes shall be counted only for
9 persons who have filed notarized declarations of intent to be
10 write-in candidates with the proper election authority or
11 authorities not later than 61 days prior to 5:00 p.m. on the
12 Tuesday immediately preceding the election. However, whenever
13 an objection to a candidate's nominating papers or petitions is
14 sustained under Section 10-10 thereby creating a vacancy in
15 nomination of an established political party for any office
16 after the 61st day before the election, then write-in votes
17 shall be counted for persons who have filed notarized
18 declarations of intent to be write-in candidates for that
19 office with the proper election authority or authorities not
20 later than 31 days prior to the election.
21     Forms for the declaration of intent to be a write-in
22 candidate shall be supplied by the election authorities. Such
23 declaration shall specify the office for which the person seeks
24 election as a write-in candidate.
25     The election authority or authorities shall deliver a list

 

 

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1 of all persons who have filed such declarations to the election
2 judges in the appropriate precincts prior to the election.
3     A candidate for whom a nomination paper has been filed as a
4 partisan candidate at a primary election, and who is defeated
5 for his or her nomination at the primary election is ineligible
6 to file a declaration of intent to be a write-in candidate for
7 election in that general or consolidated election.
8     A candidate seeking election to an office for which
9 candidates of political parties are nominated by caucus who is
10 a participant in the caucus and who is defeated for his or her
11 nomination at such caucus is ineligible to file a declaration
12 of intent to be a write-in candidate for election in that
13 general or consolidated election.
14     A candidate seeking election to an office for which
15 candidates are nominated at a primary election on a nonpartisan
16 basis and who is defeated for his or her nomination at the
17 primary election is ineligible to file a declaration of intent
18 to be a write-in candidate for election in that general or
19 consolidated election.
20     Nothing in this Section shall be construed to apply to
21 votes cast under the provisions of subsection (b) of Section
22 16-5.01.
23 (Source: P.A. 89-653, eff. 8-14-96.)
 
24     (10 ILCS 5/18-9.1)  (from Ch. 46, par. 18-9.1)
25     Sec. 18-9.1. Write-in votes shall be counted only for

 

 

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1 persons who have filed notarized declarations of intent to be
2 write-in candidates with the proper election authority or
3 authorities not later than 61 days prior to 5:00 p.m. on the
4 Tuesday immediately preceding the election. However, whenever
5 an objection to a candidate's nominating papers or petitions is
6 sustained under Section 10-10 thereby creating a vacancy in
7 nomination of an established political party for any office
8 after the 61st day before the election, then write-in votes
9 shall be counted for persons who have filed notarized
10 declarations of intent to be write-in candidates for that
11 office with the proper election authority or authorities not
12 later than 31 days prior to the election.
13     Forms for the declaration of intent to be a write-in
14 candidate shall be supplied by the election authorities. Such
15 declaration shall specify the office for which the person seeks
16 election as a write-in candidate.
17     The election authority or authorities shall deliver a list
18 of all persons who have filed such declarations to the election
19 judges in the appropriate precincts prior to the election.
20     A candidate for whom a nomination paper has been filed as a
21 partisan candidate at a primary election, and who is defeated
22 for his or her nomination at the primary election, is
23 ineligible to file a declaration of intent to be a write-in
24 candidate for election in that general or consolidated
25 election.
26     A candidate seeking election to an office for which

 

 

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1 candidates of political parties are nominated by caucus who is
2 a participant in the caucus and who is defeated for his or her
3 nomination at such caucus is ineligible to file a declaration
4 of intent to be a write-in candidate for election in that
5 general or consolidated election.
6     A candidate seeking election to an office for which
7 candidates are nominated at a primary election on a nonpartisan
8 basis and who is defeated for his or her nomination at the
9 primary election is ineligible to file a declaration of intent
10 to be a write-in candidate for election in that general or
11 consolidated election.
12     Nothing in this Section shall be construed to apply to
13 votes cast under the provisions of subsection (b) of Section
14 16-5.01.
15 (Source: P.A. 89-653, eff. 8-14-96.)
 
16     (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
17     Sec. 19-8. Time and place of counting ballots.
18     (a) (Blank.)
19     (b) Each absent voter's ballot returned to an election
20 authority, by any means authorized by this Article, and
21 received by that election authority before the closing of the
22 polls on election day shall be endorsed by the receiving
23 election authority with the day and hour of receipt and shall
24 be counted in the central ballot counting location of the
25 election authority on the day of the election after 7:00 p.m.,

 

 

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1 except as provided in subsections (g) and (g-5).
2     (c) Each absent voter's ballot that is mailed to an
3 election authority and postmarked by the midnight preceding the
4 opening of the polls on election day, but that is received by
5 the election authority after the polls close on election day
6 and before the close of the period for counting provisional
7 ballots cast at that election, shall be endorsed by the
8 receiving authority with the day and hour of receipt and shall
9 be counted at the central ballot counting location of the
10 election authority during the period for counting provisional
11 ballots.
12     Each absent voter's ballot that is mailed to an election
13 authority absent a postmark, but that is received by the
14 election authority after the polls close on election day and
15 before the close of the period for counting provisional ballots
16 cast at that election, shall be endorsed by the receiving
17 authority with the day and hour of receipt, opened to inspect
18 the date inserted on the certification, and, if the
19 certification date is a date preceding the election day and the
20 ballot is otherwise found to be valid under the requirements of
21 this Section, counted at the central ballot counting location
22 of the election authority during the period for counting
23 provisional ballots. Absent a date on the certification, the
24 ballot shall not be counted.
25     (d) Special write-in absentee voter's blank ballots
26 returned to an election authority, by any means authorized by

 

 

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1 this Article, and received by the election authority at any
2 time before the closing of the polls on election day shall be
3 endorsed by the receiving election authority with the day and
4 hour of receipt and shall be counted at the central ballot
5 counting location of the election authority during the same
6 period provided for counting absent voters' ballots under
7 subsections (b), (g), and (g-5). Special write-in absentee
8 voter's blank ballots that are mailed to an election authority
9 and postmarked by the midnight preceding the opening of the
10 polls on election day, but that are received by the election
11 authority after the polls close on election day and before the
12 closing of the period for counting provisional ballots cast at
13 that election, shall be endorsed by the receiving authority
14 with the day and hour of receipt and shall be counted at the
15 central ballot counting location of the election authority
16 during the same periods provided for counting absent voters'
17 ballots under subsection (c).
18     (e) Except as otherwise provided in this Section, absent
19 voters' ballots and special write-in absentee voter's blank
20 ballots received by the election authority after the closing of
21 the polls on an election day shall be endorsed by the election
22 authority receiving them with the day and hour of receipt and
23 shall be safely kept unopened by the election authority for the
24 period of time required for the preservation of ballots used at
25 the election, and shall then, without being opened, be
26 destroyed in like manner as the used ballots of that election.

 

 

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1     (f) Counting required under this Section to begin on
2 election day after the closing of the polls shall commence no
3 later than 8:00 p.m. and shall be conducted by a panel or
4 panels of election judges appointed in the manner provided by
5 law. The counting shall continue until all absent voters'
6 ballots and special write-in absentee voter's blank ballots
7 required to be counted on election day have been counted.
8     (g) The procedures set forth in Articles 17 and 18 of this
9 Code shall apply to all ballots counted under this Section. In
10 addition, within 2 days after an absentee ballot, other than an
11 in-person absentee ballot, is received, but in all cases before
12 the close of the period for counting provisional ballots, the
13 election judge or official shall compare the voter's signature
14 on the certification envelope of that absentee ballot with the
15 signature of the voter on file in the office of the election
16 authority. If the election judge or official determines that
17 the 2 signatures match, and that the absentee voter is
18 otherwise qualified to cast an absentee ballot, the election
19 authority shall cast and count the ballot on election day or
20 the day the ballot is determined to be valid, whichever is
21 later, adding the results to the precinct in which the voter is
22 registered. If the election judge or official determines that
23 the signatures do not match, or that the absentee voter is not
24 qualified to cast an absentee ballot, then without opening the
25 certification envelope, the judge or official shall mark across
26 the face of the certification envelope the word "Rejected" and

 

 

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1 shall not cast or count the ballot.
2     In addition to the voter's signatures not matching, an
3 absentee ballot may be rejected by the election judge or
4 official:
5         (1) if the ballot envelope is open or has been opened
6     and resealed;
7         (2) if the voter has already cast an early or grace
8     period ballot;
9         (3) if the voter voted in person on election day or the
10     voter is not a duly registered voter in the precinct; or
11         (4) on any other basis set forth in this Code.
12     If the election judge or official determines that any of
13 these reasons apply, the judge or official shall mark across
14 the face of the certification envelope the word "Rejected" and
15 shall not cast or count the ballot.
16     (g-5) If an absentee ballot, other than an in-person
17 absentee ballot, is rejected by the election judge or official
18 for any reason, the election authority shall, within 2 days
19 after the rejection but in all cases before the close of the
20 period for counting provisional ballots, notify the absentee
21 voter that his or her ballot was rejected. The notice shall
22 inform the voter of the reason or reasons the ballot was
23 rejected and shall state that the voter may appear before the
24 election authority, on or before the 14th day after the
25 election, to show cause as to why the ballot should not be
26 rejected. The voter may present evidence to the election

 

 

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1 authority supporting his or her contention that the ballot
2 should be counted. The election authority shall appoint a panel
3 of 3 election judges to review the contested ballot,
4 application, and certification envelope, as well as any
5 evidence submitted by the absentee voter. No more than 2
6 election judges on the reviewing panel shall be of the same
7 political party. The reviewing panel of election judges shall
8 make a final determination as to the validity of the contested
9 absentee ballot. The judges' determination shall not be
10 reviewable either administratively or judicially.
11     An absentee ballot subject to this subsection that is
12 determined to be valid shall be counted before the close of the
13 period for counting provisional ballots.
14     (g-10) All absentee ballots determined to be valid shall be
15 added to the vote totals for the precincts for which they were
16 cast in the order in which the ballots were opened.
17     (h) Each political party, candidate, and qualified civic
18 organization shall be entitled to have present one pollwatcher
19 for each panel of election judges therein assigned.
20 (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
 
21     (10 ILCS 5/19A-35)
22     Sec. 19A-35. Procedure for voting.
23     (a) Not more than 23 days before the start of the election,
24 the county clerk shall make available to the election official
25 conducting early voting by personal appearance a sufficient

 

 

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1 number of early ballots, envelopes, and printed voting
2 instruction slips for the use of early voters. The election
3 official shall receipt for all ballots received and shall
4 return unused or spoiled ballots at the close of the early
5 voting period to the county clerk and must strictly account for
6 all ballots received. The ballots delivered to the election
7 official must include early ballots for each precinct in the
8 election authority's jurisdiction and must include separate
9 ballots for each political subdivision conducting an election
10 of officers or a referendum at that election.
11     (b) In conducting early voting under this Article, the
12 election judge or official is required to verify the signature
13 of the early voter by comparison with the signature on the
14 official registration card, and the judge or official must
15 verify (i) the identity of the applicant, (ii) that the
16 applicant is a registered voter, (iii) the precinct in which
17 the applicant is registered, and (iv) the proper ballots of the
18 political subdivision in which the applicant resides and is
19 entitled to vote before providing an early ballot to the
20 applicant. If the identity of the applicant cannot be verified,
21 the The applicant's identity must be verified by the
22 applicant's presentation of an Illinois driver's license, a
23 non-driver identification card issued by the Illinois
24 Secretary of State, or another government-issued
25 identification document containing the applicant's photograph.
26 The election judge or official must verify the applicant's

 

 

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1 registration from the most recent poll list provided by the
2 election authority, and if the applicant is not listed on that
3 poll list, by telephoning the office of the election authority.
4     (b-5) A person requesting an early voting ballot to whom an
5 absentee ballot was issued may vote early if the person submits
6 that absentee ballot to the judges of election or official
7 conducting early voting for cancellation. If the voter is
8 unable to submit the absentee ballot, it shall be sufficient
9 for the voter to submit to the judges or official (i) a portion
10 of the absentee ballot if the absentee ballot was torn or
11 mutilated or (ii) an affidavit executed before the judges or
12 official specifying that (A) the voter never received an
13 absentee ballot or (B) the voter completed and returned an
14 absentee ballot and was informed that the election authority
15 did not receive that absentee ballot.
16     (b-10) Within one day after a voter casts an early voting
17 ballot, the election authority shall transmit the voter's name,
18 street address, and precinct, ward, township, and district
19 numbers, as the case may be, to the State Board of Elections,
20 which shall maintain those names and that information in an
21 electronic format on its website, arranged by county and
22 accessible to State and local political committees.
23     (b-15) This subsection applies to early voting polling
24 places using optical scan technology voting equipment subject
25 to Article 24B. Immediately after voting an early ballot, the
26 voter shall be instructed whether the voting equipment accepted

 

 

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1 or rejected the ballot. A voter whose early voting ballot is
2 not accepted by the voting equipment may, upon surrendering the
3 ballot, request and vote another early voting ballot. The
4 voter's ballot that was not accepted shall be initialed by the
5 election judge or official conducting the early voting and
6 handled as provided in Article 24B.
7     (c) The sealed early ballots in their carrier envelope
8 shall be delivered by the election authority to the central
9 ballot counting location before the close of the polls on the
10 day of the election.
11 (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
12     (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
13     Sec. 20-8. Time and place of counting ballots.
14     (a) (Blank.)
15     (b) Each absent voter's ballot returned to an election
16 authority, by any means authorized by this Article, and
17 received by that election authority before the closing of the
18 polls on election day shall be endorsed by the receiving
19 election authority with the day and hour of receipt and shall
20 be counted in the central ballot counting location of the
21 election authority on the day of the election after 7:00 p.m.,
22 except as provided in subsections (g) and (g-5).
23     (c) Each absent voter's ballot that is mailed to an
24 election authority and postmarked by the midnight preceding the
25 opening of the polls on election day, but that is received by

 

 

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1 the election authority after the polls close on election day
2 and before the close of the period for counting provisional
3 ballots cast at that election, shall be endorsed by the
4 receiving authority with the day and hour of receipt and shall
5 be counted at the central ballot counting location of the
6 election authority during the period for counting provisional
7 ballots.
8     Each absent voter's ballot that is mailed to an election
9 authority absent a postmark, but that is received by the
10 election authority after the polls close on election day and
11 before the close of the period for counting provisional ballots
12 cast at that election, shall be endorsed by the receiving
13 authority with the day and hour of receipt, opened to inspect
14 the date inserted on the certification, and, if the
15 certification date is a date preceding the election day and the
16 ballot is otherwise found to be valid under the requirements of
17 this Section, counted at the central ballot counting location
18 of the election authority during the period for counting
19 provisional ballots. Absent a date on the certification, the
20 ballot shall not be counted.
21     (d) Special write-in absentee voter's blank ballots
22 returned to an election authority, by any means authorized by
23 this Article, and received by the election authority at any
24 time before the closing of the polls on election day shall be
25 endorsed by the receiving election authority with the day and
26 hour of receipt and shall be counted at the central ballot

 

 

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1 counting location of the election authority during the same
2 period provided for counting absent voters' ballots under
3 subsections (b), (g), and (g-5). Special write-in absentee
4 voter's blank ballot that are mailed to an election authority
5 and postmarked by midnight preceding the opening of the polls
6 on election day, but that are received by the election
7 authority after the polls close on election day and before the
8 closing of the period for counting provisional ballots cast at
9 that election, shall be endorsed by the receiving authority
10 with the day and hour of receipt and shall be counted at the
11 central ballot counting location of the election authority
12 during the same periods provided for counting absent voters'
13 ballots under subsection (c).
14     (e) Except as otherwise provided in this Section, absent
15 voters' ballots and special write-in absentee voter's blank
16 ballots received by the election authority after the closing of
17 the polls on the day of election shall be endorsed by the
18 person receiving the ballots with the day and hour of receipt
19 and shall be safely kept unopened by the election authority for
20 the period of time required for the preservation of ballots
21 used at the election, and shall then, without being opened, be
22 destroyed in like manner as the used ballots of that election.
23     (f) Counting required under this Section to begin on
24 election day after the closing of the polls shall commence no
25 later than 8:00 p.m. and shall be conducted by a panel or
26 panels of election judges appointed in the manner provided by

 

 

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1 law. The counting shall continue until all absent voters'
2 ballots and special write-in absentee voter's blank ballots
3 required to be counted on election day have been counted.
4     (g) The procedures set forth in Articles 17 and 18 of this
5 Code shall apply to all ballots counted under this Section. In
6 addition, within 2 days after a ballot subject to this Article
7 is received, but in all cases before the close of the period
8 for counting provisional ballots, the election judge or
9 official shall compare the voter's signature on the
10 certification envelope of that ballot with the signature of the
11 voter on file in the office of the election authority. If the
12 election judge or official determines that the 2 signatures
13 match, and that the voter is otherwise qualified to cast a
14 ballot under this Article, the election authority shall cast
15 and count the ballot on election day or the day the ballot is
16 determined to be valid, whichever is later, adding the results
17 to the precinct in which the voter is registered. If the
18 election judge or official determines that the signatures do
19 not match, or that the voter is not qualified to cast a ballot
20 under this Article, then without opening the certification
21 envelope, the judge or official shall mark across the face of
22 the certification envelope the word "Rejected" and shall not
23 cast or count the ballot.
24     In addition to the voter's signatures not matching, a
25 ballot subject to this Article may be rejected by the election
26 judge or official:

 

 

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1         (1) if the ballot envelope is open or has been opened
2     and resealed;
3         (2) if the voter has already cast an early or grace
4     period ballot;
5         (3) if the voter voted in person on election day or the
6     voter is not a duly registered voter in the precinct; or
7         (4) on any other basis set forth in this Code.
8     If the election judge or official determines that any of
9 these reasons apply, the judge or official shall mark across
10 the face of the certification envelope the word "Rejected" and
11 shall not cast or count the ballot.
12     (g-5) If a ballot subject to this Article is rejected by
13 the election judge or official for any reason, the election
14 authority shall, within 2 days after the rejection but in all
15 cases before the close of the period for counting provisional
16 ballots, notify the voter that his or her ballot was rejected.
17 The notice shall inform the voter of the reason or reasons the
18 ballot was rejected and shall state that the voter may appear
19 before the election authority, on or before the 14th day after
20 the election, to show cause as to why the ballot should not be
21 rejected. The voter may present evidence to the election
22 authority supporting his or her contention that the ballot
23 should be counted. The election authority shall appoint a panel
24 of 3 election judges to review the contested ballot,
25 application, and certification envelope, as well as any
26 evidence submitted by the absentee voter. No more than 2

 

 

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1 election judges on the reviewing panel shall be of the same
2 political party. The reviewing panel of election judges shall
3 make a final determination as to the validity of the contested
4 ballot. The judges' determination shall not be reviewable
5 either administratively or judicially.
6     A ballot subject to this subsection that is determined to
7 be valid shall be counted before the close of the period for
8 counting provisional ballots.
9     (g-10) All ballots determined to be valid shall be added to
10 the vote totals for the precincts for which they were cast in
11 the order in which the ballots were opened.
12     (h) Each political party, candidate, and qualified civic
13 organization shall be entitled to have present one pollwatcher
14 for each panel of election judges therein assigned.
15 (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
 
16     (10 ILCS 5/24A-10.1)  (from Ch. 46, par. 24A-10.1)
17     Sec. 24A-10.1. In an election jurisdiction where
18 in-precinct counting equipment is utilized, the following
19 procedures for counting and tallying the ballots shall apply:
20     Immediately after the closing of the polls, the precinct
21 judges of election shall open the ballot box and count the
22 number of ballots therein to determine if such number agrees
23 with the number of voters voting as shown by the applications
24 for ballot or, if the same do not agree, the judges of election
25 shall make such ballots agree with the applications for ballot

 

 

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1 in the manner provided by Section 17-18 of this Act. The judges
2 of election shall then examine all ballot cards and ballot card
3 envelopes which are in the ballot box to determine whether the
4 ballot cards and ballot card envelopes contain the initials of
5 a precinct judge of election. If any ballot card or ballot card
6 envelope is not initialed, it shall be marked on the back
7 "Defective", initialed as to such label by all judges
8 immediately under the word "Defective" and not counted. The
9 judges of election shall place an initialed blank official
10 ballot card in the place of the defective ballot card, so that
11 the count of the ballot cards to be counted on the automatic
12 tabulating equipment will be the same, and each "Defective
13 Ballot" card and "Replacement" card shall contain the same
14 serial number which shall be placed thereon by the judges of
15 election, commencing with number 1 and continuing
16 consecutively for the ballots of that kind in that precinct.
17 The original "Defective" card shall be placed in the "Defective
18 Ballot Envelope" provided for that purpose.
19     When an electronic voting system is used which utilizes a
20 ballot card, before separating the remaining ballot cards from
21 their respective covering envelopes, the judges of election
22 shall examine the ballot card envelopes for write-in votes.
23 When the voter has cast a write-in vote, the judges of election
24 shall compare the write-in vote with the votes on the ballot
25 card to determine whether such write-in results in an overvote
26 for any office. In case of an overvote for any office, the

 

 

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1 judges of election, consisting in each case of at least one
2 judge of election of each of the 2 major political parties,
3 shall make a true duplicate ballot of all votes on such ballot
4 card except for the office which is overvoted, by using the
5 ballot label booklet of the precinct and one of the marking
6 devices of the precinct so as to transfer all votes of the
7 voter, except for the office overvoted, to a duplicate card.
8 The original ballot card and envelope upon which there is an
9 overvote shall be clearly labeled "Overvoted Ballot", and each
10 such "Overvoted Ballot" as well as its "Replacement" shall
11 contain the same serial number which shall be placed thereon by
12 the judges of election, commencing with number 1 and continuing
13 consecutively for the ballots of that kind in that precinct.
14 The "Overvoted Ballot" card and ballot envelope shall be placed
15 in an envelope provided for that purpose labeled "Duplicate
16 Ballot" envelope, and the judges of election shall initial the
17 "Replacement" ballot cards and shall place them with the other
18 ballot cards to be counted on the automatic tabulating
19 equipment. Envelopes containing write-in votes marked in the
20 place designated therefor and containing the initials of a
21 precinct judge of election and not resulting in an overvote and
22 otherwise complying with the election laws as to marking shall
23 be counted and tallied and their votes recorded on a tally
24 sheet provided by the election authority.
25     The ballot cards and ballot card envelopes shall be
26 separated in preparation for counting by the automatic

 

 

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1 tabulating equipment provided for that purpose by the election
2 authority.
3     Before the ballots are entered into the automatic
4 tabulating equipment, a precinct identification card provided
5 by the election authority shall be entered into the device to
6 ensure that the totals are all zeroes in the count column on
7 the printing unit. A precinct judge of election shall then
8 count the ballots by entering each ballot card into the
9 automatic tabulating equipment, and if any ballot or ballot
10 card is damaged or defective so that it cannot properly be
11 counted by the automatic tabulating equipment, the judges of
12 election, consisting in each case of at least one judge of
13 election of each of the 2 major political parties, shall make a
14 true duplicate ballot of all votes on such ballot card by using
15 the ballot label booklet of the precinct and one of the marking
16 devices of the precinct. The original ballot or ballot card and
17 envelope shall be clearly labeled "Damaged Ballot" and the
18 ballot or ballot card so produced shall be clearly labeled
19 "Duplicate Damaged Ballot", and each shall contain the same
20 serial number which shall be placed thereon by the judges of
21 election, commencing with number 1 and continuing
22 consecutively for the ballots of that kind in the precinct. The
23 judges of election shall initial the "Duplicate Damaged Ballot"
24 ballot or ballot cards and shall enter the duplicate damaged
25 cards into the automatic tabulating equipment. The "Damaged
26 Ballot" cards shall be placed in the "Duplicated Ballots"

 

 

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1 envelope; after all ballot cards have been successfully read,
2 the judges of election shall check to make certain that the
3 last number printed by the printing unit is the same as the
4 number of voters making application for ballot in that
5 precinct. The number shall be listed on the "Statement of
6 Ballots" form provided by the election authority.
7     The totals for all candidates and propositions shall be
8 tabulated. One copy of an "In-Precinct Totals Report" shall be
9 generated by the automatic tabulating equipment for return to
10 the election authority. One copy of an "In-Precinct Totals
11 Report" shall be generated and posted in a conspicuous place
12 inside the polling place, provided that any authorized
13 pollwatcher or other official authorized to be present in the
14 polling place to observe the counting of ballots is present.
15     The totals for all candidates and propositions shall be
16 tabulated; 4 sets shall be attached to the 4 sets of
17 "Certificate of Results" provided by the election authority;
18 one set shall be posted in a conspicuous place inside the
19 polling place; and every effort shall be made by the judges of
20 election to provide a set for each authorized pollwatcher or
21 other official authorized to be present in the polling place to
22 observe the counting of ballots; but in no case shall the
23 number of sets to be made available to pollwatchers be fewer
24 than 4, chosen by lot by the judges of election. In addition,
25 sufficient time shall be provided by the judges of election to
26 the pollwatchers to allow them to copy information from the set

 

 

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1 which has been posted.
2     The judges of election shall count all unused ballot cards
3 and enter the number on the "Statement of Ballots". All
4 "Spoiled", "Defective" and "Duplicated" ballot cards shall be
5 counted and the number entered on the "Statement of Ballots".
6     The precinct judges of election shall select a bi-partisan
7 team of 2 judges, who shall immediately return the ballots in a
8 sealed container, along with all other election materials as
9 instructed by the election authority; provided, however, that
10 such container must first be sealed by the election judges with
11 filament tape provided for such purpose which shall be wrapped
12 around the container lengthwise and crosswise, at least twice
13 each way, in such manner that the ballots cannot be removed
14 from such container without breaking the seal and filament tape
15 and disturbing any signatures affixed by the election judges to
16 the container. The election authority shall keep the office of
17 the election authority, or any receiving stations designated by
18 such authority, open for at least 12 consecutive hours after
19 the polls close or until the ballots from all precincts with
20 in-precinct counting equipment within the jurisdiction of the
21 election authority have been returned to the election
22 authority. Ballots returned to the office of the election
23 authority which are not signed and sealed as required by law
24 shall not be accepted by the election authority until the
25 judges returning the same make and sign the necessary
26 corrections. Upon acceptance of the ballots by the election

 

 

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1 authority, the judges returning the same shall take a receipt
2 signed by the election authority and stamped with the time and
3 date of such return. The election judges whose duty it is to
4 return any ballots as herein provided shall, in the event such
5 ballots cannot be found when needed, on proper request, produce
6 the receipt which they are to take as above provided.
7 (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
8     (10 ILCS 5/24A-15)  (from Ch. 46, par. 24A-15)
9     Sec. 24A-15. The precinct return printed by the automatic
10 tabulating equipment shall include the number of ballots cast
11 and votes cast for each candidate and proposition and shall
12 constitute the official return of each precinct. In addition to
13 the precinct return, the election authority shall provide the
14 number of applications for ballots in each precinct, the
15 write-in votes, the total number of ballots counted in each
16 precinct for each political subdivision and district and the
17 number of registered voters in each precinct. However, the
18 election authority shall check the totals shown by the precinct
19 return and, if there is an obvious discrepancy with respect to
20 the total number of votes cast in any precinct, shall have the
21 ballots for such precinct retabulated to correct the return.
22 The procedures for retabulation shall apply prior to and after
23 the proclamation is completed; however, after the proclamation
24 of results, the election authority must obtain a court order to
25 unseal voted ballots except for election contests and discovery

 

 

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1 recounts. In those election jurisdictions that utilize
2 in-precinct counting equipment, the certificate of results,
3 which has been prepared by the judges of election in the
4 polling place after the ballots have been tabulated, shall be
5 the document used for the canvass of votes for such precinct.
6 Whenever a discrepancy exists during the canvass of votes
7 between the unofficial results and the certificate of results,
8 or whenever a discrepancy exists during the canvass of votes
9 between the certificate of results and the set of totals which
10 has been affixed to such certificate of results, the ballots
11 for such precinct shall be retabulated to correct the return.
12 As an additional part of this check prior to the proclamation,
13 in those jurisdictions where in-precinct counting equipment is
14 utilized, the election authority shall retabulate the total
15 number of votes cast in 5% of the precincts within the election
16 jurisdiction. The precincts to be retabulated shall be selected
17 after election day on a random basis by the State Board of
18 Elections, so that every precinct in the election jurisdiction
19 has an equal mathematical chance of being selected. The State
20 Board of Elections shall design a standard and scientific
21 random method of selecting the precincts which are to be
22 retabulated. The State central committee chairman of each
23 established political party shall be given prior written notice
24 of the time and place of such random selection procedure and
25 may be represented at such procedure. Such retabulation shall
26 consist of counting the ballot cards which were originally

 

 

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1 counted and shall not involve any determination as to which
2 ballot cards were, in fact, properly counted. The ballots from
3 the precincts selected for such retabulation shall remain at
4 all times under the custody and control of the election
5 authority and shall be transported and retabulated by the
6 designated staff of the election authority.
7     As part of such retabulation, the election authority shall
8 test the computer program in the selected precincts. Such test
9 shall be conducted by processing a preaudited group of ballots
10 so punched so as to record a predetermined number of valid
11 votes for each candidate and on each public question, and shall
12 include for each office one or more ballots which have votes in
13 excess of the number allowed by law in order to test the
14 ability of the equipment to reject such votes. If any error is
15 detected, the cause therefor shall be ascertained and corrected
16 and an errorless count shall be made prior to the official
17 canvass and proclamation of election results.
18     The State Board of Elections, the State's Attorney and
19 other appropriate law enforcement agencies, the county
20 chairman of each established political party and qualified
21 civic organizations shall be given prior written notice of the
22 time and place of such retabulation and may be represented at
23 such retabulation.
24     The results of this retabulation shall be treated in the
25 same manner and have the same effect as the results of the
26 discovery procedures set forth in Section 22-9.1 of this Act.

 

 

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1 Upon completion of the retabulation, the election authority
2 shall print a comparison of the results of the retabulation
3 with the original precinct return printed by the automatic
4 tabulating equipment. Such comparison shall be done for each
5 precinct and for each office voted upon within that precinct,
6 and the comparisons shall be open to the public.
7 (Source: P.A. 94-1000, eff. 7-3-06.)
 
8     (10 ILCS 5/24A-16)  (from Ch. 46, par. 24A-16)
9     Sec. 24A-16. The State Board of Elections shall approve all
10 voting systems provided by this Article.
11     No voting system shall be approved unless it fulfills the
12 following requirements:
13         (1) It enables a voter to vote in absolute secrecy;
14         (2) (Blank);
15         (3) It enables a voter to vote a ticket selected in
16     part from the nominees of one party, and in part from the
17     nominees of any or all parties, and in part from
18     independent candidates and in part of candidates whose
19     names are written in by the voter;
20         (4) It enables a voter to vote a written or printed
21     ticket of his own selection for any person for any office
22     for whom he may desire to vote;
23         (5) It will reject all votes for an office or upon a
24     proposition when the voter has cast more votes for such
25     office or upon such proposition than he is entitled to

 

 

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1     cast;
2         (6) It will accommodate all propositions to be
3     submitted to the voters in the form provided by law or,
4     where no such form is provided, then in brief form, not to
5     exceed 75 words.
6     The State Board of Elections shall not approve any voting
7 equipment or system that includes an external Infrared Data
8 Association (IrDA) communications port.
9     The State Board of Elections is authorized to withdraw its
10 approval of a voting system if the system fails to fulfill the
11 above requirements.
12     The vendor, person, or other private entity shall be solely
13 responsible for the production and cost of: all application
14 fees; all ballots; additional temporary workers; and other
15 equipment or facilities needed and used in the testing of the
16 vendor's, person's, or other private entity's respective
17 equipment and software.
18     Any voting system vendor, person, or other private entity
19 seeking the State Board of Elections' approval of a voting
20 system shall, as part of the approval application, submit to
21 the State Board a non-refundable fee. The State Board of
22 Elections by rule shall establish an appropriate fee structure,
23 taking into account the type of voting system approval that is
24 requested (such as approval of a new system, a modification of
25 an existing system, the size of the modification, etc.). No
26 voting system or modification of a voting system shall be

 

 

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1 approved unless the fee is paid.
2     No vendor, person, or other entity may sell, lease, or
3 loan, or have a written contract, including a contract
4 contingent upon State Board approval of the voting system or
5 voting system component, to sell, lease, or loan, a voting
6 system or voting system component to any election jurisdiction
7 unless the voting system or voting system component is first
8 approved by the State Board of Elections pursuant to this
9 Section.
10 (Source: P.A. 94-1000, eff. 7-3-06.)
 
11     (10 ILCS 5/24B-6)
12     Sec. 24B-6. Ballot Information; Arrangement; Electronic
13 Precinct Tabulation Optical Scan Technology Voting System;
14 Absentee Ballots; Spoiled Ballots. The ballot information,
15 shall, as far as practicable, be in the order of arrangement
16 provided for paper ballots, except that the information may be
17 in vertical or horizontal rows, or on a number of separate
18 pages or displays on the marking device. Ballots for all
19 questions or propositions to be voted on should be provided in
20 a similar manner and must be arranged on the ballot sheet or
21 marking device in the places provided for such purposes.
22 Ballots shall be of white paper unless provided otherwise by
23 administrative rule of the State Board of Elections or
24 otherwise specified.
25     All propositions, including but not limited to

 

 

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1 propositions calling for a constitutional convention,
2 constitutional amendment, judicial retention, and public
3 measures to be voted upon shall be placed on separate portions
4 of the ballot sheet or marking device by utilizing borders or
5 grey screens. Candidates shall be listed on a separate portion
6 of the ballot sheet or marking device by utilizing borders or
7 grey screens. Whenever a person has submitted a declaration of
8 intent to be a write-in candidate as required in Sections
9 17-16.1 and 18-9.1, Below the name of the last candidate listed
10 for an office shall be printed or displayed a line or lines on
11 which the voter may select a write-in candidate shall be
12 printed below the name of the last candidate listed for such
13 office. Such line or lines shall be proximate to an area
14 provided for marking votes for the write-in candidate or
15 candidates. The number of write-in lines for an office shall
16 equal the number of write-in candidates who have filed for such
17 office plus an additional line or lines for write-in candidates
18 who may file for office under Sections 17-16.1 and 18-9.1 due
19 to vacancies in nomination due to objections to nominating
20 papers or petitions still pending 61 days prior to the
21 election, up to the number of candidates for which a voter may
22 vote. More than one amendment to the constitution may be placed
23 on the same portion of the ballot sheet or marking device.
24 Constitutional convention or constitutional amendment
25 propositions shall be printed or displayed on a separate
26 portion of the ballot sheet or marking device and designated by

 

 

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1 borders or grey screens, unless otherwise provided by
2 administrative rule of the State Board of Elections. More than
3 one public measure or proposition may be placed on the same
4 portion of the ballot sheet or marking device. More than one
5 proposition for retention of judges in office may be placed on
6 the same portion of the ballot sheet or marking device. Names
7 of candidates shall be printed in black. The party affiliation
8 of each candidate or the word "independent" shall appear near
9 or under the candidate's name, and the names of candidates for
10 the same office shall be listed vertically under the title of
11 that office, on separate pages of the marking device, or as
12 otherwise approved by the State Board of Elections. In the case
13 of nonpartisan elections for officers of political
14 subdivisions, unless the statute or an ordinance adopted
15 pursuant to Article VII of the Constitution requires otherwise,
16 the listing of nonpartisan candidates shall not include any
17 party or "independent" designation. Judicial retention
18 questions and ballot questions for all public measures and
19 other propositions shall be designated by borders or grey
20 screens on the ballot or marking device. In primary elections,
21 a separate ballot, or displays on the marking device, shall be
22 used for each political party holding a primary, with the
23 ballot or marking device arranged to include names of the
24 candidates of the party and public measures and other
25 propositions to be voted upon on the day of the primary
26 election.

 

 

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1     If the ballot includes both candidates for office and
2 public measures or propositions to be voted on, the election
3 official in charge of the election shall divide the ballot or
4 displays on the marking device in sections for "Candidates" and
5 "Propositions", or separate ballots may be used.
6     Absentee ballots may consist of envelopes, paper ballots or
7 ballot sheets voted in person in the office of the election
8 official in charge of the election or voted by mail. Where a
9 Precinct Tabulation Optical Scan Technology ballot is used for
10 voting by mail it must be accompanied by voter instructions.
11     Any voter who spoils his or her ballot, makes an error, or
12 has a ballot returned by the automatic tabulating equipment may
13 return the ballot to the judges of election and get another
14 ballot.
15 (Source: P.A. 93-574, eff. 8-21-03.)
 
16     (10 ILCS 5/24B-10.1)
17     Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures
18 for Counting and Tallying Ballots. In an election jurisdiction
19 where Precinct Tabulation Optical Scan Technology counting
20 equipment is used, the following procedures for counting and
21 tallying the ballots shall apply:
22     Before the opening of the polls, and before the ballots are
23 entered into the automatic tabulating equipment, the judges of
24 election shall be sure that the totals are all zeros in the
25 counting column. Ballots may then be counted by entering or

 

 

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1 scanning each ballot into the automatic tabulating equipment.
2 Throughout the election day and before the closing of the
3 polls, no person may check any vote totals for any candidate or
4 proposition on the automatic tabulating equipment. Such
5 automatic tabulating equipment shall be programmed so that no
6 person may reset the equipment for refeeding of ballots unless
7 provided a code from an authorized representative of the
8 election authority. At the option of the election authority,
9 the ballots may be fed into the Precinct Tabulation Optical
10 Scan Technology equipment by the voters under the direct
11 supervision of the judges of elections.
12     Immediately after the closing of the polls, the precinct
13 judges of election shall open the ballot box and count the
14 number of ballots to determine if the number agrees with the
15 number of voters voting as shown on the Precinct Tabulation
16 Optical Scan Technology equipment and by the applications for
17 ballot or, if the same do not agree, the judges of election
18 shall make the ballots agree with the applications for ballot
19 in the manner provided by Section 17-18 of this Code. The
20 judges of election shall then examine all ballots which are in
21 the ballot box to determine whether the ballots contain the
22 initials of a precinct judge of election. If any ballot is not
23 initialed, it shall be marked on the back "Defective",
24 initialed as to such label by all judges immediately under the
25 word "Defective" and not counted. The judges of election shall
26 place an initialed blank official ballot in the place of the

 

 

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1 defective ballot, so that the count of the ballots to be
2 counted on the automatic tabulating equipment will be the same,
3 and each "Defective Ballot" and "Replacement" ballot shall
4 contain the same serial number which shall be placed thereon by
5 the judges of election, beginning with number 1 and continuing
6 consecutively for the ballots of that kind in that precinct.
7 The original "Defective" ballot shall be placed in the
8 "Defective Ballot Envelope" provided for that purpose.
9     If the judges of election have removed a ballot pursuant to
10 Section 17-18, have labeled "Defective" a ballot which is not
11 initialed, or have otherwise determined under this Code to not
12 count a ballot originally deposited into a ballot box, the
13 judges of election shall be sure that the totals on the
14 automatic tabulating equipment are reset to all zeros in the
15 counting column. Thereafter the judges of election shall enter
16 or otherwise scan each ballot to be counted in the automatic
17 tabulating equipment. Resetting the automatic tabulating
18 equipment to all zeros and re-entering of ballots to be counted
19 may occur at the precinct polling place, the office of the
20 election authority, or any receiving station designated by the
21 election authority. The election authority shall designate the
22 place for resetting and re-entering or re-scanning.
23     When a Precinct Tabulation Optical Scan Technology
24 electronic voting system is used which uses a paper ballot, the
25 judges of election shall examine the ballot for write-in votes.
26 When the voter has cast a write-in vote, the judges of election

 

 

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1 shall compare the write-in vote with the votes on the ballot to
2 determine whether the write-in results in an overvote for any
3 office, unless the Precinct Tabulation Optical Scan Technology
4 equipment has already done so. In case of an overvote for any
5 office, the judges of election, consisting in each case of at
6 least one judge of election of each of the 2 major political
7 parties, shall make a true duplicate ballot of all votes on
8 such ballot except for the office which is overvoted, by using
9 the ballot of the precinct and one of the marking devices, or
10 equivalent ballot, of the precinct so as to transfer all votes
11 of the voter, except for the office overvoted, to a duplicate
12 ballot. The original ballot upon which there is an overvote
13 shall be clearly labeled "Overvoted Ballot", and each such
14 "Overvoted Ballot" as well as its "Replacement" shall contain
15 the same serial number which shall be placed thereon by the
16 judges of election, beginning with number 1 and continuing
17 consecutively for the ballots of that kind in that precinct.
18 The "Overvoted Ballot" shall be placed in an envelope provided
19 for that purpose labeled "Duplicate Ballot" envelope, and the
20 judges of election shall initial the "Replacement" ballots and
21 shall place them with the other ballots to be counted on the
22 automatic tabulating equipment.
23     If any ballot is damaged or defective, or if any ballot
24 contains a Voting Defect, so that it cannot properly be counted
25 by the automatic tabulating equipment, the voter or the judges
26 of election, consisting in each case of at least one judge of

 

 

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1 election of each of the 2 major political parties, shall make a
2 true duplicate ballot of all votes on such ballot by using the
3 ballot of the precinct and one of the marking devices of the
4 precinct, or equivalent. If a damaged ballot, the original
5 ballot shall be clearly labeled "Damaged Ballot" and the ballot
6 so produced shall be clearly labeled "Damaged Ballot" and the
7 ballot so produced shall be clearly labeled "Duplicate Damaged
8 Ballot", and each shall contain the same serial number which
9 shall be placed by the judges of election, beginning with
10 number 1 and continuing consecutively for the ballots of that
11 kind in the precinct. The judges of election shall initial the
12 "Duplicate Damaged Ballot" ballot and shall enter or otherwise
13 scan the duplicate damaged ballot into the automatic tabulating
14 equipment. The "Damaged Ballots" shall be placed in the
15 "Duplicated Ballots" envelope; after all ballots have been
16 successfully read, the judges of election shall check to make
17 certain that the Precinct Tabulation Optical Scan Technology
18 equipment readout agrees with the number of voters making
19 application for ballot in that precinct. The number shall be
20 listed on the "Statement of Ballots" form provided by the
21 election authority.
22     The totals for all candidates and propositions shall be
23 tabulated. One copy of an "In-Precinct Totals Report" shall be
24 generated by the automatic tabulating equipment for return to
25 the election authority. One copy of an "In-Precinct Totals
26 Report" shall be generated and posted in a conspicuous place

 

 

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1 inside the polling place, provided that any authorized
2 pollwatcher or other official authorized to be present in the
3 polling place to observe the counting of ballots is present.
4 The totals for all candidates and propositions shall be
5 tabulated; and 4 copies of a "Certificate of Results" shall be
6 generated by the automatic tabulating equipment; one copy shall
7 be posted in a conspicuous place inside the polling place; and
8 every effort shall be made by the judges of election to provide
9 a copy for each authorized pollwatcher or other official
10 authorized to be present in the polling place to observe the
11 counting of ballots; but in no case shall the number of copies
12 to be made available to pollwatchers be fewer than 4, chosen by
13 lot by the judges of election. In addition, sufficient time
14 shall be provided by the judges of election to the pollwatchers
15 to allow them to copy information from the copy which has been
16 posted.
17     The judges of election shall count all unused ballots and
18 enter the number on the "Statement of Ballots". All "Spoiled",
19 "Defective" and "Duplicated" ballots shall be counted and the
20 number entered on the "Statement of Ballots".
21     The precinct judges of election shall select a bi-partisan
22 team of 2 judges, who shall immediately return the ballots in a
23 sealed container, along with all other election materials as
24 instructed by the election authority; provided, however, that
25 such container must first be sealed by the election judges with
26 filament tape or other approved sealing devices provided for

 

 

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1 the purpose which shall be wrapped around the container
2 lengthwise and crosswise, at least twice each way, in a manner
3 that the ballots cannot be removed from the container without
4 breaking the seal and filament tape and disturbing any
5 signatures affixed by the election judges to the container, or
6 which other approved sealing devices are affixed in a manner
7 approved by the election authority. The election authority
8 shall keep the office of the election authority or any
9 receiving stations designated by the authority, open for at
10 least 12 consecutive hours after the polls close or until the
11 ballots from all precincts with in-precinct counting equipment
12 within the jurisdiction of the election authority have been
13 returned to the election authority. Ballots returned to the
14 office of the election authority which are not signed and
15 sealed as required by law shall not be accepted by the election
16 authority until the judges returning the ballots make and sign
17 the necessary corrections. Upon acceptance of the ballots by
18 the election authority, the judges returning the ballots shall
19 take a receipt signed by the election authority and stamped
20 with the time and date of the return. The election judges whose
21 duty it is to return any ballots as provided shall, in the
22 event the ballots cannot be found when needed, on proper
23 request, produce the receipt which they are to take as above
24 provided. The precinct judges of election shall also deliver
25 the Precinct Tabulation Optical Scan Technology equipment to
26 the election authority.

 

 

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1 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
2 94-1000, eff. 7-3-06.)
 
3     (10 ILCS 5/24B-15)
4     Sec. 24B-15. Official Return of Precinct; Check of Totals;
5 Retabulation. The precinct return printed by the automatic
6 Precinct Tabulation Optical Scan Technology tabulating
7 equipment shall include the number of ballots cast and votes
8 cast for each candidate and proposition and shall constitute
9 the official return of each precinct. In addition to the
10 precinct return, the election authority shall provide the
11 number of applications for ballots in each precinct, the
12 write-in votes, the total number of ballots counted in each
13 precinct for each political subdivision and district and the
14 number of registered voters in each precinct. However, the
15 election authority shall check the totals shown by the precinct
16 return and, if there is an obvious discrepancy regarding the
17 total number of votes cast in any precinct, shall have the
18 ballots for that precinct retabulated to correct the return.
19 The procedures for retabulation shall apply prior to and after
20 the proclamation is completed; however, after the proclamation
21 of results, the election authority must obtain a court order to
22 unseal voted ballots except for election contests and discovery
23 recounts. In those election jurisdictions that use in-precinct
24 counting equipment, the certificate of results, which has been
25 prepared by the judges of election in the polling place after

 

 

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1 the ballots have been tabulated, shall be the document used for
2 the canvass of votes for such precinct. Whenever a discrepancy
3 exists during the canvass of votes between the unofficial
4 results and the certificate of results, or whenever a
5 discrepancy exists during the canvass of votes between the
6 certificate of results and the set of totals which has been
7 affixed to the certificate of results, the ballots for that
8 precinct shall be retabulated to correct the return. As an
9 additional part of this check prior to the proclamation, in
10 those jurisdictions where in-precinct counting equipment is
11 used, the election authority shall retabulate the total number
12 of votes cast in 5% of the precincts within the election
13 jurisdiction. The precincts to be retabulated shall be selected
14 after election day on a random basis by the State Board of
15 Elections, so that every precinct in the election jurisdiction
16 has an equal mathematical chance of being selected. The State
17 Board of Elections shall design a standard and scientific
18 random method of selecting the precincts which are to be
19 retabulated. The State central committee chairman of each
20 established political party shall be given prior written notice
21 of the time and place of the random selection procedure and may
22 be represented at the procedure. The retabulation shall consist
23 of counting the ballots which were originally counted and shall
24 not involve any determination of which ballots were, in fact,
25 properly counted. The ballots from the precincts selected for
26 the retabulation shall remain at all times under the custody

 

 

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1 and control of the election authority and shall be transported
2 and retabulated by the designated staff of the election
3 authority.
4     As part of the retabulation, the election authority shall
5 test the computer program in the selected precincts. The test
6 shall be conducted by processing a preaudited group of ballots
7 marked to record a predetermined number of valid votes for each
8 candidate and on each public question, and shall include for
9 each office one or more ballots which have votes in excess of
10 the number allowed by law to test the ability of the equipment
11 and the marking device to reject such votes. If any error is
12 detected, the cause shall be determined and corrected, and an
13 errorless count shall be made prior to the official canvass and
14 proclamation of election results.
15     The State Board of Elections, the State's Attorney and
16 other appropriate law enforcement agencies, the county
17 chairman of each established political party and qualified
18 civic organizations shall be given prior written notice of the
19 time and place of the retabulation and may be represented at
20 the retabulation.
21     The results of this retabulation shall be treated in the
22 same manner and have the same effect as the results of the
23 discovery procedures set forth in Section 22-9.1 of this Code.
24 Upon completion of the retabulation, the election authority
25 shall print a comparison of the results of the retabulation
26 with the original precinct return printed by the automatic

 

 

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1 tabulating equipment. The comparison shall be done for each
2 precinct and for each office voted upon within that precinct,
3 and the comparisons shall be open to the public. Upon
4 completion of the retabulation, the returns shall be open to
5 the public.
6 (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
 
7     (10 ILCS 5/24B-16)
8     Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
9 Technology Voting Systems; Requisites. The State Board of
10 Elections shall approve all Precinct Tabulation Optical Scan
11 Technology voting systems provided by this Article.
12     No Precinct Tabulation Optical Scan Technology voting
13 system shall be approved unless it fulfills the following
14 requirements:
15         (a) It enables a voter to vote in absolute secrecy;
16         (b) (Blank);
17         (c) It enables a voter to vote a ticket selected in
18     part from the nominees of one party, and in part from the
19     nominees of any or all parties, and in part from
20     independent candidates, and in part of candidates whose
21     names are written in by the voter;
22         (d) It enables a voter to vote a written or printed
23     ticket of his or her own selection for any person for any
24     office for whom he or she may desire to vote;
25         (e) It will reject all votes for an office or upon a

 

 

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1     proposition when the voter has cast more votes for the
2     office or upon the proposition than he or she is entitled
3     to cast; and
4         (f) It will accommodate all propositions to be
5     submitted to the voters in the form provided by law or,
6     where no form is provided, then in brief form, not to
7     exceed 75 words.
8     The State Board of Elections shall not approve any voting
9 equipment or system that includes an external Infrared Data
10 Association (IrDA) communications port.
11     The State Board of Elections is authorized to withdraw its
12 approval of a Precinct Tabulation Optical Scan Technology
13 voting system if the system fails to fulfill the above
14 requirements.
15     The vendor, person, or other private entity shall be solely
16 responsible for the production and cost of: all application
17 fees; all ballots; additional temporary workers; and other
18 equipment or facilities needed and used in the testing of the
19 vendor's, person's, or other private entity's respective
20 equipment and software.
21     Any voting system vendor, person, or other private entity
22 seeking the State Board of Elections' approval of a voting
23 system shall, as part of the approval application, submit to
24 the State Board a non-refundable fee. The State Board of
25 Elections by rule shall establish an appropriate fee structure,
26 taking into account the type of voting system approval that is

 

 

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1 requested (such as approval of a new system, a modification of
2 an existing system, the size of the modification, etc.). No
3 voting system or modification of a voting system shall be
4 approved unless the fee is paid.
5     No vendor, person, or other entity may sell, lease, or
6 loan, or have a written contract, including a contract
7 contingent upon State Board approval of the voting system or
8 voting system component, to sell, lease, or loan, a voting
9 system or Precinct Tabulation Optical Scan Technology voting
10 system component to any election jurisdiction unless the voting
11 system or voting system component is first approved by the
12 State Board of Elections pursuant to this Section.
13 (Source: P.A. 94-1000, eff. 7-3-06.)
 
14     (10 ILCS 5/24C-12)
15     Sec. 24C-12. Procedures for Counting and Tallying of
16 Ballots. In an election jurisdiction where a Direct Recording
17 Electronic Voting System is used, the following procedures for
18 counting and tallying the ballots shall apply:
19     Before the opening of the polls, the judges of elections
20 shall assemble the voting equipment and devices and turn the
21 equipment on. The judges shall, if necessary, take steps to
22 activate the voting devices and counting equipment by inserting
23 into the equipment and voting devices appropriate data cards
24 containing passwords and data codes that will select the proper
25 ballot formats selected for that polling place and that will

 

 

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1 prevent inadvertent or unauthorized activation of the
2 poll-opening function. Before voting begins and before ballots
3 are entered into the voting devices, the judges of election
4 shall cause to be printed a record of the following: the
5 election's identification data, the device's unit
6 identification, the ballot's format identification, the
7 contents of each active candidate register by office and of
8 each active public question register showing that they contain
9 all zero votes, all ballot fields that can be used to invoke
10 special voting options, and other information needed to ensure
11 the readiness of the equipment and to accommodate
12 administrative reporting requirements. The judges must also
13 check to be sure that the totals are all zeros in the counting
14 columns and in the public counter affixed to the voting
15 devices.
16     After the judges have determined that a person is qualified
17 to vote, a voting device with the proper ballot to which the
18 voter is entitled shall be enabled to be used by the voter. The
19 ballot may then be cast by the voter by marking by appropriate
20 means the designated area of the ballot for the casting of a
21 vote for any candidate or for or against any public question.
22 The voter shall be able to vote for any and all candidates and
23 public measures appearing on the ballot in any legal number and
24 combination and the voter shall be able to delete, change or
25 correct his or her selections before the ballot is cast. The
26 voter shall be able to select candidates whose names do not

 

 

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1 appear upon the ballot for any office by entering
2 electronically as many names of candidates as the voter is
3 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 been
6 completed by activating the appropriate button, switch or
7 active area of the ballot screen associated with end of voting.
8 Upon activation, the voting system shall record an image of the
9 completed ballot, increment the proper ballot position
10 registers, and shall signify to the voter that the ballot has
11 been cast. Upon activation, the voting system shall also print
12 a permanent paper record of each ballot cast as defined in
13 Section 24C-2 of this Code. This permanent paper record shall
14 (i) be printed in a clear, readily readable format that can be
15 easily reviewed by the voter for completeness and accuracy and
16 (ii) either be self-contained within the voting device or be
17 deposited by the voter into a secure ballot box. No permanent
18 paper record shall be removed from the polling place except by
19 election officials as authorized by this Article. All permanent
20 paper records shall be preserved and secured by election
21 officials in the same manner as paper ballots and shall be
22 available as an official record for any recount, redundant
23 count, or verification or retabulation of the vote count
24 conducted with respect to any election in which the voting
25 system is used. The voter shall exit the voting station and the
26 voting system shall prevent any further attempt to vote until

 

 

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1 it has been properly re-activated. If a voting device has been
2 enabled for voting but the voter leaves the polling place
3 without casting a ballot, 2 judges of election, one from each
4 of the 2 major political parties, shall spoil the ballot.
5     Throughout the election day and before the closing of the
6 polls, no person may check any vote totals for any candidate or
7 public question on the voting or counting equipment. Such
8 equipment shall be programmed so that no person may reset the
9 equipment for reentry of ballots unless provided the proper
10 code from an authorized representative of the election
11 authority.
12     The precinct judges of election shall check the public
13 register to determine whether the number of ballots counted by
14 the voting equipment agrees with the number of voters voting as
15 shown by the applications for ballot. If the same do not agree,
16 the judges of election shall immediately contact the offices of
17 the election authority in charge of the election for further
18 instructions. If the number of ballots counted by the voting
19 equipment agrees with the number of voters voting as shown by
20 the application for ballot, the number shall be listed on the
21 "Statement of Ballots" form provided by the election authority.
22     The totals for all candidates and propositions shall be
23 tabulated. One copy of an "In-Precinct Totals Report" shall be
24 generated by the automatic tabulating equipment for return to
25 the election authority. One copy of an "In-Precinct Totals
26 Report" shall be generated and posted in a conspicuous place

 

 

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1 inside the polling place, provided that any authorized
2 pollwatcher or other official authorized to be present in the
3 polling place to observe the counting of ballots is present.
4 Except as otherwise provided in this Section, the totals for
5 all candidates and propositions shall be tabulated; and 4
6 copies of a "Certificate of Results" shall be printed by the
7 automatic tabulating equipment; one copy shall be posted in a
8 conspicuous place inside the polling place; and every effort
9 shall be made by the judges of election to provide a copy for
10 each authorized pollwatcher or other official authorized to be
11 present in the polling place to observe the counting of
12 ballots; but in no case shall the number of copies to be made
13 available to pollwatchers be fewer than 4, chosen by lot by the
14 judges of election. In addition, sufficient time shall be
15 provided by the judges of election to the pollwatchers to allow
16 them to copy information from the copy which has been posted.
17     Until December 31, 2007, in elections at which fractional
18 cumulative votes are cast for candidates, the tabulation of
19 those fractional cumulative votes may be made by the election
20 authority at its central office location, and 4 copies of a
21 "Certificate of Results" shall be printed by the automatic
22 tabulation equipment and shall be posted in 4 conspicuous
23 places at the central office location where those fractional
24 cumulative votes have been tabulated.
25     If instructed by the election authority, the judges of
26 election shall cause the tabulated returns to be transmitted

 

 

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1 electronically to the offices of the election authority via
2 modem or other electronic medium.
3     The precinct judges of election shall select a bi-partisan
4 team of 2 judges, who shall immediately return the ballots in a
5 sealed container, along with all other election materials and
6 equipment as instructed by the election authority; provided,
7 however, that such container must first be sealed by the
8 election judges with filament tape or other approved sealing
9 devices provided for the purpose in a manner that the ballots
10 cannot be removed from the container without breaking the seal
11 or filament tape and disturbing any signatures affixed by the
12 election judges to the container. The election authority shall
13 keep the office of the election authority, or any receiving
14 stations designated by the authority, open for at least 12
15 consecutive hours after the polls close or until the ballots
16 and election material and equipment from all precincts within
17 the jurisdiction of the election authority have been returned
18 to the election authority. Ballots and election materials and
19 equipment returned to the office of the election authority
20 which are not signed and sealed as required by law shall not be
21 accepted by the election authority until the judges returning
22 the ballots make and sign the necessary corrections. Upon
23 acceptance of the ballots and election materials and equipment
24 by the election authority, the judges returning the ballots
25 shall take a receipt signed by the election authority and
26 stamped with the time and date of the return. The election

 

 

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1 judges whose duty it is to return any ballots and election
2 materials and equipment as provided shall, in the event the
3 ballots, materials or equipment cannot be found when needed, on
4 proper request, produce the receipt which they are to take as
5 above provided.
6 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
7 94-1073, eff. 12-26-06.)
 
8     (10 ILCS 5/24C-15)
9     Sec. 24C-15. Official Return of Precinct; Check of Totals;
10 Audit. The precinct return printed by the Direct Recording
11 Electronic Voting System tabulating equipment shall include
12 the number of ballots cast and votes cast for each candidate
13 and public question and shall constitute the official return of
14 each precinct. In addition to the precinct return, the election
15 authority shall provide the number of applications for ballots
16 in each precinct, the total number of ballots and absentee
17 ballots counted in each precinct for each political subdivision
18 and district and the number of registered voters in each
19 precinct. However, the election authority shall check the
20 totals shown by the precinct return and, if there is an obvious
21 discrepancy regarding the total number of votes cast in any
22 precinct, shall have the ballots for that precinct audited to
23 correct the return. The procedures for this audit shall apply
24 prior to and after the proclamation is completed; however,
25 after the proclamation of results, the election authority must

 

 

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1 obtain a court order to unseal voted ballots or voting devices
2 except for election contests and discovery recounts. The
3 certificate of results, which has been prepared and signed by
4 the judges of election in the polling place after the ballots
5 have been tabulated, shall be the document used for the canvass
6 of votes for such precinct. Whenever a discrepancy exists
7 during the canvass of votes between the unofficial results and
8 the certificate of results, or whenever a discrepancy exists
9 during the canvass of votes between the certificate of results
10 and the set of totals reflected on the certificate of results,
11 the ballots for that precinct shall be audited to correct the
12 return.
13     Prior to the proclamation, the election authority shall
14 test the voting devices and equipment in 5% of the precincts
15 within the election jurisdiction. The precincts to be tested
16 shall be selected after election day on a random basis by the
17 State Board of Elections, so that every precinct in the
18 election jurisdiction has an equal mathematical chance of being
19 selected. The State Board of Elections shall design a standard
20 and scientific random method of selecting the precincts that
21 are to be tested. The State central committee chairman of each
22 established political party shall be given prior written notice
23 of the time and place of the random selection procedure and may
24 be represented at the procedure.
25     The test shall be conducted by counting the votes marked on
26 the permanent paper record of each ballot cast in the tested

 

 

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1 precinct printed by the voting system at the time that each
2 ballot was cast and comparing the results of this count with
3 the results shown by the certificate of results prepared by the
4 Direct Recording Electronic Voting System in the test precinct.
5 The election authority shall test count these votes either by
6 hand or by using an automatic tabulating device other than a
7 Direct Recording Electronic voting device that has been
8 approved by the State Board of Elections for that purpose and
9 tested before use to ensure accuracy. The election authority
10 shall print the results of each test count. If any error is
11 detected, the cause shall be determined and corrected, and an
12 errorless count shall be made prior to the official canvass and
13 proclamation of election results. If an errorless count cannot
14 be conducted and there continues to be difference in vote
15 results between the certificate of results produced by the
16 Direct Recording Electronic Voting System and the count of the
17 permanent paper records or if an error was detected and
18 corrected, the election authority shall immediately prepare
19 and forward to the appropriate canvassing board a written
20 report explaining the results of the test and any errors
21 encountered and the report shall be made available for public
22 inspection.
23     The State Board of Elections, the State's Attorney and
24 other appropriate law enforcement agencies, the county
25 chairman of each established political party and qualified
26 civic organizations shall be given prior written notice of the

 

 

09500SB0662sam003 - 55 - LRB095 10645 JAM 34383 a

1 time and place of the test and may be represented at the test.
2     The results of this post-election test shall be treated in
3 the same manner and have the same effect as the results of the
4 discovery procedures set forth in Section 22-9.1 of this Code.
5 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
6 94-1000, eff. 7-3-06.)
 
7     (10 ILCS 5/24C-16)
8     Sec. 24C-16. Approval of Direct Recording Electronic
9 Voting Systems; Requisites. The State Board of Elections shall
10 approve all Direct Recording Electronic Voting Systems that
11 fulfill the functional requirements provided by Section 24C-11
12 of this Code, the mandatory requirements of the federal voting
13 system standards pertaining to Direct Recording Electronic
14 Voting Systems promulgated by the Federal Election Commission
15 or the Election Assistance Commission, the testing
16 requirements of an approved independent testing authority and
17 the rules of the State Board of Elections.
18     The State Board of Elections shall not approve any Direct
19 Recording Electronic Voting System that includes an external
20 Infrared Data Association (IrDA) communications port.
21     The State Board of Elections is authorized to withdraw its
22 approval of a Direct Recording Electronic Voting System if the
23 System, once approved, fails to fulfill the above requirements.
24     The vendor, person, or other private entity shall be solely
25 responsible for the production and cost of: all application

 

 

09500SB0662sam003 - 56 - LRB095 10645 JAM 34383 a

1 fees; all ballots; additional temporary workers; and other
2 equipment or facilities needed and used in the testing of the
3 vendor's, person's, or other private entity's respective
4 equipment and software.
5     Any voting system vendor, person, or other private entity
6 seeking the State Board of Elections' approval of a voting
7 system shall, as part of the approval application, submit to
8 the State Board a non-refundable fee. The State Board of
9 Elections by rule shall establish an appropriate fee structure,
10 taking into account the type of voting system approval that is
11 requested (such as approval of a new system, a modification of
12 an existing system, the size of the modification, etc.). No
13 voting system or modification of a voting system shall be
14 approved unless the fee is paid.
15     No vendor, person, or other entity may sell, lease, or
16 loan, or have a written contract, including a contract
17 contingent upon State Board approval of the voting system or
18 voting system component, to sell, lease, or loan, a Direct
19 Recording Electronic Voting System or system component to any
20 election jurisdiction unless the system or system component is
21 first approved by the State Board of Elections pursuant to this
22 Section.
23 (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
 
24     (10 ILCS 5/28-6)  (from Ch. 46, par. 28-6)
25     Sec. 28-6. Petitions; filing.

 

 

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1     (a) On a written petition signed by a number of voters
2 equal to at least 11% 8% of the total votes cast for candidates
3 for Governor in the preceding gubernatorial election by the
4 registered voters of the municipality, township, county or
5 school district in the last general election at which the
6 municipality, township, county, or school district voted for
7 the election of officers to serve its respective jurisdiction,
8 it shall be the duty of the proper election officers to submit
9 any question of public policy so petitioned for, to the
10 electors of such political subdivision at any regular election
11 named in the petition at which an election is scheduled to be
12 held throughout such political subdivision under Article 2A.
13 Such petitions shall be filed with the local election official
14 of the political subdivision or election authority, as the case
15 may be. Where such a question is to be submitted to the voters
16 of a municipality which has adopted Article 6, or a township or
17 school district located entirely within the jurisdiction of a
18 municipal board of election commissioners, such petitions
19 shall be filed with the board of election commissioners having
20 jurisdiction over the political subdivision.
21     (b) In a municipality with more than 1,000,000 inhabitants,
22 when a question of public policy exclusively concerning a
23 contiguous territory included entirely within but not
24 coextensive with the municipality is initiated by resolution or
25 ordinance of the corporate authorities of the municipality, or
26 by a petition which may be signed by registered voters who

 

 

09500SB0662sam003 - 58 - LRB095 10645 JAM 34383 a

1 reside in any part of any precinct all or part of which
2 includes all or part of the territory and who equal in number
3 at least 8% of the total votes cast for candidates for Governor
4 in the preceding gubernatorial election by the total number of
5 registered voters of the precinct or precincts the registered
6 voters of which are eligible to sign the petition, it shall be
7 the duty of the election authority having jurisdiction over
8 such municipality to submit such question to the electors
9 throughout each precinct all or part of which includes all or
10 part of the territory at the regular election specified in the
11 resolution, ordinance or petition initiating the public
12 question. A petition initiating a public question described in
13 this subsection shall be filed with the election authority
14 having jurisdiction over the municipality. A resolution,
15 ordinance or petition initiating a public question described in
16 this subsection shall specify the election at which the
17 question is to be submitted.
18     (c) Local questions of public policy authorized by this
19 Section and statewide questions of public policy authorized by
20 Section 28-9 shall be advisory public questions, and no legal
21 effects shall result from the adoption or rejection of such
22 propositions.
23     (d) This Section does not apply to a petition filed
24 pursuant to Article IX of the Liquor Control Act of 1934.
25 (Source: P.A. 93-574, eff. 8-21-03.)
 

 

 

09500SB0662sam003 - 59 - LRB095 10645 JAM 34383 a

1     Section 10. The Illinois Municipal Code is amended by
2 changing Sections 3.1-20-45 and 3.1-25-40 as follows:
 
3     (65 ILCS 5/3.1-20-45)
4     Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
5 office. A city incorporated under this Code that elects
6 municipal officers at nonpartisan primary and general
7 elections shall conduct the elections as provided in the
8 Election Code, except that no office for which nomination is
9 uncontested shall be included on the primary ballot and no
10 primary shall be held for that office. For the purposes of this
11 Section, an office is uncontested when not more than 4 two
12 persons to be nominated for each office have timely filed valid
13 nominating papers seeking nomination for the election to that
14 office.
15     Notwithstanding the preceding paragraph, when a person (i)
16 who has not timely filed valid nomination papers and (ii) who
17 intends to become a write-in candidate for nomination for any
18 office for which nomination is uncontested files a written
19 statement or notice of that intent with the proper election
20 official with whom the nomination papers for that office are
21 filed, if the write-in candidate becomes the fifth candidate
22 filed, a primary ballot must be prepared and a primary must be
23 held for the office. The statement or notice must be filed on
24 or before the 61st day before the consolidated primary
25 election. The statement must contain (i) the name and address

 

 

09500SB0662sam003 - 60 - LRB095 10645 JAM 34383 a

1 of the person intending to become a write-in candidate, (ii) a
2 statement that the person intends to become a write-in
3 candidate, and (iii) the office the person is seeking as a
4 write-in candidate. An election authority has no duty to
5 conduct a primary election or prepare a primary ballot unless a
6 statement meeting the requirements of this paragraph is filed
7 in a timely manner.
8 (Source: P.A. 91-57, eff. 6-30-99.)
 
9     (65 ILCS 5/3.1-25-40)  (from Ch. 24, par. 3.1-25-40)
10     Sec. 3.1-25-40. Ballots.
11     (a) If the office of president is to be filled, only the
12 names of the 4 2 candidates receiving the highest number of
13 votes for president shall be placed on the ballot for president
14 at the next succeeding general municipal election. The names of
15 candidates in a number equal to 4 2 times the number of trustee
16 positions to be filled receiving the highest number of votes
17 for trustee, or the names of all candidates if less than 4 2
18 times the number of trustee positions to be filled, shall be
19 placed on the ballot for that office at the municipal election.
20     (b) An elector, however, at either a primary election or a
21 general municipal election held under Sections 3.1-25-20
22 through 3.1-25-55, may write in the names of the candidates of
23 that elector's choice in accordance with the general election
24 law. If, however, the name of only one candidate for a
25 particular office appeared on the primary ballot, the name of

 

 

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1 the person having the largest number of write-in votes shall
2 not be placed upon the ballot at the general municipal election
3 unless the number of votes received in the primary election by
4 that person was at least 10% of the number of votes received by
5 the candidate for the same office whose name appeared on the
6 primary ballot.
7     (c) If a nominee at a general primary election dies or
8 withdraws before the general municipal election, there shall be
9 placed on the ballot the name of the candidate receiving the
10 next highest number of votes, and so on in case of the death or
11 withdrawal of more than one nominee.
12     (d) If in the application of this Section there occurs the
13 condition provided for in Section 3.1-25-45, there shall be
14 placed on the ballot the name of the candidate who was not
15 chosen by lot under that Section where one of 2 tied candidates
16 had been placed on the ballot before the death or withdrawal
17 occurred. If, however, in the application of this Section, the
18 candidate with the next highest number of votes cannot be
19 determined because of a tie among 2 or more candidates, the
20 successor nominee whose name shall be placed on the ballot
21 shall be determined by lot as provided in Section 3.1-25-45.
22 (Source: P.A. 87-1119.)
 
23     (65 ILCS 5/4-3-5 rep.)
24     (65 ILCS 5/4-3-10 rep.)
25     (65 ILCS 5/4-3-10.1 rep.)

 

 

09500SB0662sam003 - 62 - LRB095 10645 JAM 34383 a

1     (65 ILCS 5/4-3-13 rep.)
2     (65 ILCS 5/4-3-14 rep.)
3     Section 15. The Illinois Municipal Code is amended by
4 repealing Sections 4-3-5, 4-3-10, 4-3-10.1, 4-3-13, and
5 4-3-14.".