Full Text of SB3669 97th General Assembly
SB3669 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3669 Introduced 2/10/2012, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-5 | from Ch. 46, par. 7-5 | 10 ILCS 5/12-1 | from Ch. 46, par. 12-1 | 10 ILCS 5/13-10 | from Ch. 46, par. 13-10 | 10 ILCS 5/17-1 | from Ch. 46, par. 17-1 | 10 ILCS 5/17-16 | from Ch. 46, par. 17-16 | 10 ILCS 5/17-21 | from Ch. 46, par. 17-21 | 10 ILCS 5/18-2 | from Ch. 46, par. 18-2 | 10 ILCS 5/18A-5 | | 10 ILCS 5/19-8 | from Ch. 46, par. 19-8 | 10 ILCS 5/20-8 | from Ch. 46, par. 20-8 | 10 ILCS 5/24A-10 | from Ch. 46, par. 24A-10 | 10 ILCS 5/24B-10 | |
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Amends the Election Code. Provides that polls shall be open until 6:00 p.m. (now, 7:00 p.m.). Provides that the portion of an election judge's daily compensation reimbursement by the State Board of Elections shall be $25 (rather than, is increased by an additional $20). Provides that the money (rather than, the increase) provided by the Board must be used to increase each judge's compensation. Makes conforming changes to references to the closing time of the polls. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-5, 12-1, 13-10, 17-1, 17-16, 17-21, 18-2, 18A-5, | 6 | | 19-8, 20-8, 24A-10, and 24B-10 as follows:
| 7 | | (10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
| 8 | | Sec. 7-5.
(a) Primary elections shall be held on the dates | 9 | | prescribed in
Article 2A.
| 10 | | (b) Notwithstanding the provisions of any other statute, no | 11 | | primary
shall be held for an established political party in any | 12 | | township,
municipality, or ward thereof, where the nomination | 13 | | of such
party for every office to be voted upon by the electors | 14 | | of such
township, municipality, or ward thereof, is | 15 | | uncontested. Whenever a
political party's nomination of | 16 | | candidates is uncontested as to one or
more, but not all, of | 17 | | the offices to be voted upon by the electors of a
township, | 18 | | municipality, or ward thereof, then a primary shall
be held for | 19 | | that party in such township, municipality, or ward thereof;
| 20 | | provided that the primary ballot shall not include those | 21 | | offices
within such township, municipality, or ward thereof, | 22 | | for which the
nomination is uncontested. For purposes of this | 23 | | Article, the nomination of
an established political party of a |
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| 1 | | candidate for election to an office shall
be deemed to be | 2 | | uncontested where not more than the number of persons to be
| 3 | | nominated have timely filed valid nomination papers seeking the | 4 | | nomination
of such party for election to such office.
| 5 | | (c) Notwithstanding the provisions of any other statute, no | 6 | | primary
election shall be held for an established political | 7 | | party for any special
primary election called for the purpose | 8 | | of filling a vacancy in the office
of representative in the | 9 | | United States Congress where the nomination of
such political | 10 | | party for said office is uncontested. For the purposes of
this | 11 | | Article, the nomination of an established political party of a
| 12 | | candidate for election to said office shall be deemed to be | 13 | | uncontested
where not more than the number of persons to be | 14 | | nominated have timely filed
valid nomination papers seeking the | 15 | | nomination of such established party
for election to said | 16 | | office. This subsection (c) shall not apply if such
primary | 17 | | election is conducted on a regularly scheduled election day.
| 18 | | (d) Notwithstanding the provisions in subsection (b) and | 19 | | (c) of this
Section whenever a person who has not timely filed | 20 | | valid nomination papers
and who intends to become a write-in | 21 | | candidate for a political party's
nomination for any office for | 22 | | which the nomination is uncontested files a
written statement | 23 | | or notice of that intent with the State Board of
Elections or | 24 | | the local election official with whom nomination papers for
| 25 | | such office are filed, a primary ballot shall be prepared and a | 26 | | primary
shall be held for that office. Such statement or notice |
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| 1 | | shall be filed on
or before the date established in this | 2 | | Article for certifying candidates
for the primary ballot. Such | 3 | | statement or notice shall contain (i) the
name and address of | 4 | | the person intending to become a write-in candidate,
(ii) a | 5 | | statement that the person is a qualified primary elector of the
| 6 | | political party from whom the nomination is sought, (iii) a | 7 | | statement that
the person intends to become a write-in | 8 | | candidate for the party's
nomination, and (iv) the office the | 9 | | person is seeking as a write-in
candidate. An election | 10 | | authority shall have no duty to conduct a primary
and prepare a | 11 | | primary ballot for any office for which the nomination is
| 12 | | uncontested, unless a statement or notice meeting the | 13 | | requirements of this
Section is filed in a timely manner.
| 14 | | (e) The polls shall be open from 6:00 a.m. to 6:00 7:00 | 15 | | p.m.
| 16 | | (Source: P.A. 86-873.)
| 17 | | (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
| 18 | | Sec. 12-1. At least 60 days prior to each general and | 19 | | consolidated election,
the election authority shall provide | 20 | | public notice, calculated to reach
elderly and handicapped | 21 | | voters, of the availability of registration and
voting aids | 22 | | under the Federal Voting Accessibility for the Elderly and
| 23 | | Handicapped Act, of the availability of assistance in marking | 24 | | the ballot,
procedures for voting by absentee ballot, and | 25 | | procedures for voting
early by personal appearance.
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| 1 | | At least 30 days before any general election, and at least | 2 | | 20 days
before any special congressional election, the
county | 3 | | clerk shall publish a notice of the election in 2 or more
| 4 | | newspapers published in the county, city, village,
| 5 | | incorporated town or town, as the case may be, or if there is | 6 | | no such
newspaper, then in any 2 or more newspapers published | 7 | | in the
county and having a general circulation throughout the | 8 | | community. The
notice may be substantially as follows:
| 9 | | Notice is hereby given that on (give date), at (give the | 10 | | place of
holding the election and the name of the precinct or | 11 | | district) in the
county of (name county), an election will be | 12 | | held for (give the title of
the several offices to be filled), | 13 | | which election will be open at 6:00
a.m. and continued open | 14 | | until 6:00 7:00 p.m. of that day.
| 15 | | Dated at .... on (insert date).
| 16 | | (Source: P.A. 94-645, eff. 8-22-05.)
| 17 | | (10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
| 18 | | Sec. 13-10. The compensation of the judges of all primaries | 19 | | and all
elections, except judges supervising absentee ballots | 20 | | as provided in
Section 19-12.2 of this Act, in counties of less | 21 | | than 600,000
inhabitants shall be fixed by the respective | 22 | | county boards or boards of
election commissioners in all | 23 | | counties and municipalities, but in no case
shall such | 24 | | compensation be less than $35 per day. The
compensation of | 25 | | judges of all primaries and all elections not under the
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| 1 | | jurisdiction of the county clerk, except judges supervising | 2 | | absentee balloting
as provided in Section 19-12.2 of this Act, | 3 | | in counties having a population of
2,000,000 or more shall be | 4 | | not less than $60 per day. The
compensation of judges of all | 5 | | primaries and all elections under the
jurisdiction of the | 6 | | county clerk, except judges supervising absentee
balloting as | 7 | | provided in Section 19-12.2 of this Act, in counties having a
| 8 | | population of 2,000,000 or more shall be not less than $60 per | 9 | | day. The compensation of judges of all primaries and all | 10 | | elections,
except judges supervising absentee ballots as | 11 | | provided in Section 19-12.2 of
this Act, in counties having a | 12 | | population of at least 600,000 but less than
2,000,000 | 13 | | inhabitants shall be not less than $45 per day
as
fixed by the | 14 | | county board of election commissioners of each such county. In
| 15 | | addition to their per day compensation and notwithstanding the | 16 | | limitations
thereon stated herein, the judges of election, in | 17 | | all counties with a
population of less than 600,000, shall be | 18 | | paid $3 each for each 100 voters or
portion thereof, in excess | 19 | | of 200 voters voting for candidates in the election
district or | 20 | | precinct wherein the judge is serving, whether a primary or an
| 21 | | election is being held. However, no such extra compensation | 22 | | shall be paid to
the judges of election in any precinct in | 23 | | which no paper ballots are counted by
such judges of election. | 24 | | The 2 judges of election in counties having a
population of | 25 | | less than 600,000 who deliver the returns to the county clerk
| 26 | | shall each be allowed and paid a sum to be determined by the |
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| 1 | | election authority
for such services and an additional sum per | 2 | | mile to be determined by the
election authority for every mile | 3 | | necessarily travelled in going to and
returning from the office | 4 | | or place to which they deliver the returns. The
compensation | 5 | | for mileage shall be consistent with current rates paid for
| 6 | | mileage to employees of the county.
| 7 | | However, all judges who have been certified by the County | 8 | | Clerk or Board of
Election Commissioners as having | 9 | | satisfactorily completed, within the 2 years
preceding the day | 10 | | of election, the training course for judges of election, as
| 11 | | provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act, | 12 | | shall receive
additional compensation of not less than $10 per | 13 | | day in
counties of less than 600,000 inhabitants, the | 14 | | additional compensation of not
less than $10 per day in | 15 | | counties having a population of
at
least 600,000 but less than | 16 | | 2,000,000 inhabitants as fixed by the county board
of election | 17 | | commissioners of each such county, and additional compensation | 18 | | of
not less than $20 per day in counties having a population
of | 19 | | 2,000,000 or more for primaries and elections not under the
| 20 | | jurisdiction of the county clerk, and additional compensation | 21 | | of not less
than $20 per day in counties having a population of
| 22 | | 2,000,000 or more for primaries and elections under the | 23 | | jurisdiction of the
county clerk.
| 24 | | In precincts in which there are tally judges, the | 25 | | compensation of the
tally judges shall be 2/3 of that of the | 26 | | judges of election and each
holdover judge shall be paid the |
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| 1 | | compensation of a judge of election
plus that of a tally judge.
| 2 | | Beginning on the effective date of this amendatory Act of | 3 | | 1998, the portion
of an election judge's daily compensation | 4 | | reimbursed by the State Board of
Elections is increased by
$15.
| 5 | | The increase provided by this amendatory Act of 1998 must be | 6 | | used
to increase each judge's compensation and may not be used | 7 | | by the county to
reduce its portion of a judge's compensation.
| 8 | | Beginning on the effective date of this amendatory Act of | 9 | | the 97th 95th General Assembly, the portion of an election | 10 | | judge's daily compensation reimbursement by the State Board of | 11 | | Elections shall be $25 is increased by an additional $20 . The | 12 | | money increase provided by this amendatory Act of the 97th 95th | 13 | | General Assembly must be used to increase each judge's | 14 | | compensation and may not be used by the election authority or | 15 | | election jurisdiction to reduce its portion of a judge's | 16 | | compensation.
| 17 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 18 | | (10 ILCS 5/17-1) (from Ch. 46, par. 17-1)
| 19 | | Sec. 17-1. The polls shall be opened at the hour of 6:00 | 20 | | a.m. and continued
open until 6:00 7:00 p.m. of the same day, | 21 | | at which time the polls shall be closed;
but if the judges | 22 | | shall not attend at the hour of six o'clock in the morning,
or | 23 | | if it shall be necessary for the electors present to appoint | 24 | | judges to
conduct the election, as herein prescribed, the polls | 25 | | may, in that case,
be opened at any hour before the time for |
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| 1 | | closing the same shall arrive,
as the case may require.
| 2 | | (Source: P.A. 81-850; 81-1149.)
| 3 | | (10 ILCS 5/17-16) (from Ch. 46, par. 17-16)
| 4 | | Sec. 17-16.
If the voter marks more candidates than there | 5 | | are persons
to be elected to an office, or if for any reason it | 6 | | is impossible to
determine the voter's choice for any office to | 7 | | be filled, his ballot
shall not be counted for such office, | 8 | | provided that if the name of a
candidate appears in more than | 9 | | one column on the ballot as authorized by
this Act, and a | 10 | | ballot has been marked in his or her favor in more than one
| 11 | | column and the voter's intention is otherwise ascertainable, | 12 | | the
candidate shall receive only one vote from such ballot and | 13 | | the remaining
votes cast for him or her on such ballot shall | 14 | | not be counted. No ballot
without the official endorsement | 15 | | shall be deposited in the ballot box,
and none but ballots | 16 | | provided in accordance with the provisions of this
Act shall be | 17 | | counted. Ballots not counted shall be marked "defective" on
the | 18 | | back thereof, and ballots to which objection has been made by | 19 | | either
of the judges or challengers shall be marked "objected | 20 | | to" on the back
thereof, and a memorandum signed by the judges | 21 | | stating how it was
counted shall be written upon the back of | 22 | | each ballot so marked, and all
ballots marked defective or | 23 | | objected to shall be enclosed in an envelope
securely sealed | 24 | | and so marked and endorsed as to clearly disclose its
contents. | 25 | | The envelope to be used for enclosing ballots marked
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| 1 | | "defective" or "objected to" shall bear upon its face, in large | 2 | | type,
the legend: "This envelope is for use after 6:00 7:00 | 3 | | P.M.
only." The envelope to be used for enclosing ballots | 4 | | spoiled by voters
while attempting to vote shall bear upon its | 5 | | face, in large type, the
legend: "This envelope is for use | 6 | | before 6:00 7:00 P.M.
only." All ballots not voted, and all | 7 | | that have been spoiled by voters
while attempting to vote, | 8 | | shall be returned by the judges of election to
the county clerk | 9 | | and a receipt taken therefor, and shall be preserved 2
months; | 10 | | the county clerk shall keep a record of the number of ballots
| 11 | | delivered for each polling place, the name of the person to | 12 | | whom and the
time when delivered, and he shall also enter upon | 13 | | such record the number
and character of ballots returned, with | 14 | | the time when and the person by
whom they are returned.
| 15 | | (Source: P.A. 84-861.)
| 16 | | (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
| 17 | | Sec. 17-21.
When the votes shall have been examined and | 18 | | counted, the judges
shall set down on a sheet or return form to | 19 | | be supplied to them, the name of
every person voted for, | 20 | | written or printed at full length, the office
for which such | 21 | | person received such votes, and the number he did receive
and | 22 | | such additional information as is necessary to complete, as | 23 | | nearly
as circumstances will admit, the following form, to-wit:
| 24 | | TALLY SHEET AND CERTIFICATE OF
| 25 | | RESULTS
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| 1 | | We do hereby certify that at the .... election held in the | 2 | | precinct
hereinafter (general or special) specified on the .... | 3 | | day of ...., in
the year of our Lord, one thousand nine hundred | 4 | | and ...., a total of
.... voters requested and received ballots | 5 | | and we do further certify:
| 6 | | Number of blank ballots delivered to us ....
| 7 | | Number of absentee ballots delivered to us ....
| 8 | | Total number of ballots delivered to us ....
| 9 | | Number of blank and spoiled ballots returned.
| 10 | | (1) Total number of ballots cast (in box)....
| 11 | | .... Defective and Objected To ballots sealed in envelope
| 12 | | (2) .... Total number of ballots cast (in box)
| 13 | | Line (2) equals line (1)
| 14 | | We further certify that each of the candidates for | 15 | | representative in
the General Assembly received the number of | 16 | | votes ascribed to him on the
separate tally sheet.
| 17 | | We further certify that each candidate received the number | 18 | | of votes
set forth opposite his name or in the box containing | 19 | | his name on the
tally sheet contained in the page or pages | 20 | | immediately following our
signatures.
| 21 | | The undersigned actually served as judges and counted the | 22 | | ballots at
the election on the .... day of .... in the .... | 23 | | precinct of the (1)
*township of ...., or (2) *City of ...., or | 24 | | (3) *.... ward in the city
of .... and the polls were opened at | 25 | | 6:00 A.M. and closed at 6:00 7:00 P.M.
Certified by us.
| 26 | | *Fill in either (1), (2) or (3)
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| 1 | | A B, ....(Address)
| 2 | | C D, ....(Address)
| 3 | | E F, ....(Address)
| 4 | | G H, ....(Address)
| 5 | | I J, ....(Address)
| 6 | | Each tally sheet shall be in substantially one of the | 7 | | following forms:
| 8 | | -------------------------------------------------------------
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9 | | |
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Candidate's |
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10 | | Name of |
Candidates |
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Total |
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11 | | office |
Names |
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Vote |
5 |
10 |
15 |
20 |
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12 | | --- |
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13 | | United |
John Smith |
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77 |
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11 |
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14 | | States |
| | | | | | | |
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15 | | Senator |
| | | | | | | |
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16 | | --- |
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17 | | --- |
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18 | | | Names of candidates | | | | |
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19 | | Name of | and total vote | | | | |
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20 | | office | | for each | | | 5 | 10 | 15 | 20 |
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21 | | --- |
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22 | | For United | John Smith | | | | | |
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23 | | States |
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24 | | Senator |
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25 | | | Total Vote.................. | | | | |
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2 | | (Source: P.A. 89-700, eff. 1-17-97 .)
| 3 | | (10 ILCS 5/18-2) (from Ch. 46, par. 18-2)
| 4 | | Sec. 18-2.
In any municipality operating under Article 6 of | 5 | | this Act,
the election polls shall be open at 6:00 a.m., and
| 6 | | continued open until 6:00 7:00 p.m., of the same day, at
which | 7 | | time the polls shall be closed, and no judge shall be behind | 8 | | time
for more than 15 minutes after the time for opening such | 9 | | polls. Any
judge may absent himself for a reasonable time but | 10 | | only during the
casting of ballots, and upon leaving and | 11 | | returning, the judge shall sign
a time sheet indicating the | 12 | | period of his absence. When absent for any
cause, the judge | 13 | | shall authorize some one of the same political party
with | 14 | | himself to act for him until his return.
| 15 | | (Source: P.A. 81-850; 81-1149.)
| 16 | | (10 ILCS 5/18A-5)
| 17 | | Sec. 18A-5. Provisional voting; general provisions.
| 18 | | (a) A person who claims to be a registered voter is | 19 | | entitled to cast a
provisional ballot under the following | 20 | | circumstances:
| 21 | | (1) The person's name does not appear on the official | 22 | | list of eligible
voters for the precinct in which
the | 23 | | person seeks to vote. The official list is the centralized | 24 | | statewide voter registration list established and |
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| 1 | | maintained in accordance with Section 1A-25;
| 2 | | (2) The person's voting status has been challenged by | 3 | | an election judge, a
pollwatcher, or any legal voter and | 4 | | that challenge has been sustained by a
majority of the | 5 | | election judges;
| 6 | | (3) A federal or State court order extends the time for | 7 | | closing the polls
beyond the time period established by | 8 | | State law and the person votes during the
extended time | 9 | | period; or
| 10 | | (4) The voter registered to vote by mail and is | 11 | | required by law to
present identification when voting | 12 | | either in person or by absentee ballot, but
fails to do so.
| 13 | | (b) The procedure for obtaining and casting a provisional | 14 | | ballot at the
polling place
shall be as follows:
| 15 | | (1) After first verifying through an examination of the | 16 | | precinct register that the person's address is within the | 17 | | precinct boundaries, an election judge at the polling place | 18 | | shall notify a person who is
entitled to cast a provisional | 19 | | ballot pursuant to subsection (a)
that he or she may cast a | 20 | | provisional ballot in that election.
An election judge
must | 21 | | accept any information provided by a person who casts a | 22 | | provisional ballot
that the person believes supports his or | 23 | | her claim that he or she is a duly
registered voter and | 24 | | qualified to vote in the election. However, if the person's | 25 | | residence address is outside the precinct boundaries, the | 26 | | election judge shall inform the person of that fact, give |
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| 1 | | the person the appropriate telephone number of the election | 2 | | authority in order to locate the polling place assigned to | 3 | | serve that address, and instruct the person to go to the | 4 | | proper polling place to vote.
| 5 | | (2) The person shall execute a written form provided by | 6 | | the
election judge that shall state or contain all of the | 7 | | following that is available:
| 8 | | (i) an affidavit stating the following:
| 9 | | State of Illinois, County of ................, | 10 | | Township
.............,
Precinct ........, Ward | 11 | | ........, I, ......................., do solemnly
| 12 | | swear (or affirm) that: I am a citizen of the United | 13 | | States; I am 18 years of
age or older; I have resided | 14 | | in this State and in this precinct for 30 days
| 15 | | preceding this election; I have not voted in this | 16 | | election; I am a duly
registered voter in every | 17 | | respect; and I am eligible to vote in this election.
| 18 | | Signature ...... Printed Name of Voter ....... Printed | 19 | | Residence
Address of Voter ...... City
...... State | 20 | | .... Zip Code ..... Telephone Number ...... Date of | 21 | | Birth .......
and Illinois Driver's License Number | 22 | | ....... or Last 4 digits of Social
Security
Number | 23 | | ...... or State Identification Card
Number issued to | 24 | | you by the Illinois Secretary of State........
| 25 | | (ii) A box for the election judge to check one of the 3 | 26 | | reasons why the
person was given a provisional ballot under |
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| 1 | | subsection (a) of Section 18A-5.
| 2 | | (iii) An area for the election judge to affix his or | 3 | | her signature and to
set forth any facts that support or | 4 | | oppose the allegation that the person is
not qualified to | 5 | | vote in the precinct in which the person is seeking to | 6 | | vote.
| 7 | | The written affidavit form described in this subsection | 8 | | (b)(2) must be
printed on a multi-part form prescribed by the | 9 | | county clerk or board of
election commissioners, as the case | 10 | | may be.
| 11 | | (3) After the person executes the portion of the written | 12 | | affidavit described
in subsection (b)(2)(i) of this Section, | 13 | | the election judge shall complete the
portion of the written | 14 | | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| 15 | | (4) The election judge shall give a copy of the completed | 16 | | written affidavit
to the person. The election judge shall place | 17 | | the original written affidavit in
a self-adhesive clear plastic | 18 | | packing list envelope that must be attached to a
separate | 19 | | envelope marked as a "provisional ballot envelope". The | 20 | | election judge
shall also place any information provided by the | 21 | | person who casts a provisional
ballot in the clear plastic | 22 | | packing list envelope. Each county clerk or board
of election | 23 | | commissioners, as the case may be,
must design, obtain or | 24 | | procure self-adhesive clear plastic packing list
envelopes and | 25 | | provisional ballot envelopes that are suitable for | 26 | | implementing
this subsection (b)(4) of this Section.
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| 1 | | (5) The election judge shall provide the person with a | 2 | | provisional ballot,
written instructions for casting a | 3 | | provisional ballot, and the provisional
ballot envelope with | 4 | | the clear plastic packing list envelope affixed to it,
which | 5 | | contains the person's original written affidavit and, if any, | 6 | | information
provided by the provisional voter to support his or | 7 | | her claim that he or she is
a duly registered voter. An | 8 | | election judge must also give the person written
information | 9 | | that states that any person who casts a provisional ballot | 10 | | shall be
able to ascertain, pursuant to guidelines established | 11 | | by the State Board of
Elections, whether the provisional vote | 12 | | was counted in the official canvass of
votes for that election | 13 | | and, if the provisional vote was not counted, the
reason that | 14 | | the vote was not counted.
| 15 | | (6) After the person has completed marking his or her | 16 | | provisional ballot, he
or she shall place the marked ballot | 17 | | inside of the provisional ballot envelope,
close and seal the | 18 | | envelope, and return the envelope to an election judge, who
| 19 | | shall then deposit the sealed provisional ballot envelope into | 20 | | a securable
container separately identified and utilized for | 21 | | containing sealed provisional
ballot envelopes. Ballots that | 22 | | are provisional because they are cast after 6:00 7:00 p.m. by | 23 | | court
order shall be kept separate from other provisional | 24 | | ballots. Upon the closing of the polls, the securable container | 25 | | shall
be
sealed with filament tape provided for that purpose, | 26 | | which shall be wrapped
around the box lengthwise and crosswise, |
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| 1 | | at least twice each way, and each of
the election judges shall | 2 | | sign the seal.
| 3 | | (c) Instead of the affidavit form described in subsection | 4 | | (b), the county
clerk or board of election commissioners, as | 5 | | the case may be, may design and
use a multi-part affidavit form | 6 | | that is imprinted upon or attached to the
provisional ballot | 7 | | envelope described in subsection (b). If a county clerk or
| 8 | | board of election commissioners elects to design and use its | 9 | | own multi-part
affidavit form, then the county clerk or board | 10 | | of election commissioners shall
establish a mechanism for | 11 | | accepting any information the provisional voter has
supplied to | 12 | | the election judge to support his or her claim that he or she | 13 | | is a
duly registered voter. In all other respects, a county | 14 | | clerk or board of
election commissioners shall establish | 15 | | procedures consistent with subsection
(b).
| 16 | | (d) The county clerk or board of election commissioners, as | 17 | | the case may be,
shall use the completed affidavit form | 18 | | described in subsection (b) to update
the person's voter | 19 | | registration information in the State voter registration
| 20 | | database and voter registration database of the county clerk or | 21 | | board of
election commissioners, as the case may be. If a | 22 | | person is later determined not
to be a registered voter based | 23 | | on Section 18A-15 of this Code, then the
affidavit shall be | 24 | | processed by the county clerk or board of election
| 25 | | commissioners, as the case may be, as a voter registration | 26 | | application.
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| 1 | | (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05; | 2 | | 94-645, eff. 8-22-05.)
| 3 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 4 | | Sec. 19-8. Time and place of counting ballots. | 5 | | (a) (Blank.) | 6 | | (b) Each absent voter's ballot returned to an election | 7 | | authority, by any means authorized by this Article, and | 8 | | received by that election authority before the closing of the | 9 | | polls on election day shall be endorsed by the receiving | 10 | | election authority with the day and hour of receipt and shall | 11 | | be counted in the central ballot counting location of the | 12 | | election authority on the day of the election after 6:00 7:00 | 13 | | p.m., except as provided in subsections (g) and (g-5).
| 14 | | (c) Each absent voter's ballot that is mailed to an | 15 | | election authority and postmarked by the midnight preceding the | 16 | | opening of the polls on election day, but that is received by | 17 | | the election authority after the polls close on election day | 18 | | and before the close of the period for counting provisional | 19 | | ballots cast at that election, shall be endorsed by the | 20 | | receiving authority with the day and hour of receipt and shall | 21 | | be counted at the central ballot counting location of the | 22 | | election authority during the period for counting provisional | 23 | | ballots. | 24 | | Each absent voter's ballot that is mailed to an election | 25 | | authority absent a postmark, but that is received by the |
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| 1 | | election authority after the polls close on election day and | 2 | | before the close of the period for counting provisional ballots | 3 | | cast at that election, shall be endorsed by the receiving | 4 | | authority with the day and hour of receipt, opened to inspect | 5 | | the date inserted on the certification, and, if the | 6 | | certification date is a date preceding the election day and the | 7 | | ballot is otherwise found to be valid under the requirements of | 8 | | this Section, counted at the central ballot counting location | 9 | | of the election authority during the period for counting | 10 | | provisional ballots. Absent a date on the certification, the | 11 | | ballot shall not be counted.
| 12 | | (d) Special write-in absentee voter's blank ballots | 13 | | returned to an election authority, by any means authorized by | 14 | | this Article, and received by the election authority at any | 15 | | time before the closing of the polls on election day shall be | 16 | | endorsed by the receiving election authority with the day and | 17 | | hour of receipt and shall be counted at the central ballot | 18 | | counting location of the election authority during the same | 19 | | period provided for counting absent voters' ballots under | 20 | | subsections (b), (g), and (g-5). Special write-in absentee | 21 | | voter's blank ballots that are mailed to an election authority | 22 | | and postmarked by the midnight preceding the opening of the | 23 | | polls on election day, but that are received by the election | 24 | | authority after the polls close on election day and before the | 25 | | closing of the period for counting provisional ballots cast at | 26 | | that election, shall be endorsed by the receiving authority |
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| 1 | | with the day and hour of receipt and shall be counted at the | 2 | | central ballot counting location of the election authority | 3 | | during the same periods provided for counting absent voters' | 4 | | ballots under subsection (c). | 5 | | (e) Except as otherwise provided in this Section, absent | 6 | | voters' ballots and special write-in absentee voter's blank | 7 | | ballots received by the election authority after the closing of | 8 | | the polls on an
election day shall be endorsed by the election | 9 | | authority receiving them
with the day and hour of receipt and | 10 | | shall be safely kept unopened by the
election authority for the | 11 | | period of time required for the preservation of
ballots used at | 12 | | the election, and shall then, without being opened, be
| 13 | | destroyed in like manner as the used ballots of that election.
| 14 | | (f) Counting required under this Section to begin on | 15 | | election day after the closing of the polls shall commence no | 16 | | later than 8:00 p.m. and shall be conducted
by a panel or | 17 | | panels of election judges appointed in the manner provided
by | 18 | | law. The counting shall continue until all absent voters' | 19 | | ballots and special write-in absentee voter's blank ballots | 20 | | required to be counted on election day have been counted.
| 21 | | (g) The procedures set forth in Articles 17 and
18 of this | 22 | | Code shall apply to all ballots counted under
this Section. In | 23 | | addition, within 2 days after an absentee ballot, other than an | 24 | | in-person absentee ballot, is received, but in all cases before | 25 | | the close of the period for counting provisional ballots, the | 26 | | election judge or official shall compare the voter's signature |
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| 1 | | on the certification envelope of that absentee ballot with the | 2 | | signature of the voter on file in the office of the election | 3 | | authority. If the election judge or official determines that | 4 | | the 2 signatures match, and that the absentee voter is | 5 | | otherwise qualified to cast an absentee ballot, the election | 6 | | authority shall cast and count the ballot on election day or | 7 | | the day the ballot is determined to be valid, whichever is | 8 | | later, adding the results to the precinct in which the voter is | 9 | | registered. If the election judge or official determines that | 10 | | the signatures do not match, or that the absentee voter is not | 11 | | qualified to cast an absentee ballot, then without opening the | 12 | | certification envelope, the judge or official shall mark across | 13 | | the face of the certification envelope the word "Rejected" and | 14 | | shall not cast or count the ballot. | 15 | | In addition to the voter's signatures not matching, an | 16 | | absentee ballot may be rejected by the election judge or | 17 | | official: | 18 | | (1) if the ballot envelope is open or has been opened | 19 | | and resealed; | 20 | | (2) if the voter has already cast an early or grace | 21 | | period ballot; | 22 | | (3) if the voter voted in person on election day or the | 23 | | voter is not a duly registered voter in the precinct; or | 24 | | (4) on any other basis set forth in this Code. | 25 | | If the election judge or official determines that any of | 26 | | these reasons apply, the judge or official shall mark across |
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| 1 | | the face of the certification envelope the word "Rejected" and | 2 | | shall not cast or count the ballot.
| 3 | | (g-5) If an absentee ballot, other than an in-person | 4 | | absentee ballot, is rejected by the election judge or official | 5 | | for any reason, the election authority shall, within 2 days | 6 | | after the rejection but in all cases before the close of the | 7 | | period for counting provisional ballots, notify the absentee | 8 | | voter that his or her ballot was rejected. The notice shall | 9 | | inform the voter of the reason or reasons the ballot was | 10 | | rejected and shall state that the voter may appear before the | 11 | | election authority, on or before the 14th day after the | 12 | | election, to show cause as to why the ballot should not be | 13 | | rejected. The voter may present evidence to the election | 14 | | authority supporting his or her contention that the ballot | 15 | | should be counted. The election authority shall appoint a panel | 16 | | of 3 election judges to review the contested ballot, | 17 | | application, and certification envelope, as well as any | 18 | | evidence submitted by the absentee voter. No more than 2 | 19 | | election judges on the reviewing panel shall be of the same | 20 | | political party. The reviewing panel of election judges shall | 21 | | make a final determination as to the validity of the contested | 22 | | absentee ballot. The judges' determination shall not be | 23 | | reviewable either administratively or judicially. | 24 | | An absentee ballot subject to this subsection that is | 25 | | determined to be valid shall be counted before the close of the | 26 | | period for counting provisional ballots.
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| 1 | | (g-10) All absentee ballots determined to be valid shall be | 2 | | added to the vote totals for the precincts for which they were | 3 | | cast in the order in which the ballots were opened.
| 4 | | (h) Each political party, candidate, and qualified civic | 5 | | organization shall be entitled to have present one pollwatcher | 6 | | for each panel of election judges therein assigned.
| 7 | | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | 8 | | 95-699, eff. 11-9-07.)
| 9 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 10 | | Sec. 20-8. Time and place of counting ballots. | 11 | | (a) (Blank.) | 12 | | (b) Each absent voter's ballot returned to an election | 13 | | authority, by any means authorized by this Article, and | 14 | | received by that election authority before the closing of the | 15 | | polls on election day shall be endorsed by the receiving | 16 | | election authority with the day and hour of receipt and shall | 17 | | be counted in the central ballot counting location of the | 18 | | election authority on the day of the election after 6:00 7:00 | 19 | | p.m., except as provided in subsections (g) and (g-5).
| 20 | | (c) Each absent voter's ballot that is mailed to an | 21 | | election authority and postmarked by the midnight preceding the | 22 | | opening of the polls on election day, but that is received by | 23 | | the election authority after the polls close on election day | 24 | | and before the close of the period for counting provisional | 25 | | ballots cast at that election, shall be endorsed by the |
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| 1 | | receiving authority with the day and hour of receipt and shall | 2 | | be counted at the central ballot counting location of the | 3 | | election authority during the period for counting provisional | 4 | | ballots. | 5 | | Each absent voter's ballot that is mailed to an election | 6 | | authority absent a postmark, but that is received by the | 7 | | election authority after the polls close on election day and | 8 | | before the close of the period for counting provisional ballots | 9 | | cast at that election, shall be endorsed by the receiving | 10 | | authority with the day and hour of receipt, opened to inspect | 11 | | the date inserted on the certification, and, if the | 12 | | certification date is a date preceding the election day and the | 13 | | ballot is otherwise found to be valid under the requirements of | 14 | | this Section, counted at the central ballot counting location | 15 | | of the election authority during the period for counting | 16 | | provisional ballots. Absent a date on the certification, the | 17 | | ballot shall not be counted.
| 18 | | (d) Special write-in absentee voter's blank ballots | 19 | | returned to an election authority, by any means authorized by | 20 | | this Article, and received by the election authority at any | 21 | | time before the closing of the polls on election day shall be | 22 | | endorsed by the receiving election authority with the day and | 23 | | hour of receipt and shall be counted at the central ballot | 24 | | counting location of the election authority during the same | 25 | | period provided for counting absent voters' ballots under | 26 | | subsections (b), (g), and (g-5). Special write-in absentee |
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| 1 | | voter's blank ballot that are mailed to an election authority | 2 | | and postmarked by midnight preceding the opening of the polls | 3 | | on election day, but that are received by the election | 4 | | authority after the polls close on election day and before the | 5 | | closing of the period for counting provisional ballots cast at | 6 | | that election, shall be endorsed by the receiving authority | 7 | | with the day and hour of receipt and shall be counted at the | 8 | | central ballot counting location of the election authority | 9 | | during the same periods provided for counting absent voters' | 10 | | ballots under subsection (c).
| 11 | | (e) Except as otherwise provided in this Section, absent | 12 | | voters' ballots and special write-in absentee voter's blank | 13 | | ballots received by the election authority after the closing of | 14 | | the polls on the day of election shall be
endorsed by the | 15 | | person receiving the ballots with the day and hour of
receipt | 16 | | and shall be safely kept unopened by the election authority for
| 17 | | the period of time required for the preservation of ballots | 18 | | used at the
election, and shall then, without being opened, be | 19 | | destroyed in like
manner as the used ballots of that election.
| 20 | | (f) Counting required under this Section to begin on | 21 | | election day after the closing of the polls shall commence no | 22 | | later than 8:00 p.m. and shall be conducted
by a panel or | 23 | | panels of election judges appointed in the manner provided
by | 24 | | law. The counting shall continue until all absent voters' | 25 | | ballots and special write-in absentee voter's blank ballots | 26 | | required to be counted on election day have been counted.
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| 1 | | (g) The procedures set forth in Articles 17 and
18 of this | 2 | | Code shall apply to all ballots counted under
this Section. In | 3 | | addition, within 2 days after a ballot subject to this Article | 4 | | is received, but in all cases before the close of the period | 5 | | for counting provisional ballots, the election judge or | 6 | | official shall compare the voter's signature on the | 7 | | certification envelope of that ballot with the signature of the | 8 | | voter on file in the office of the election authority. If the | 9 | | election judge or official determines that the 2 signatures | 10 | | match, and that the voter is otherwise qualified to cast a | 11 | | ballot under this Article, the election authority shall cast | 12 | | and count the ballot on election day or the day the ballot is | 13 | | determined to be valid, whichever is later, adding the results | 14 | | to the precinct in which the voter is registered. If the | 15 | | election judge or official determines that the signatures do | 16 | | not match, or that the voter is not qualified to cast a ballot | 17 | | under this Article, then without opening the certification | 18 | | envelope, the judge or official shall mark across the face of | 19 | | the certification envelope the word "Rejected" and shall not | 20 | | cast or count the ballot. | 21 | | In addition to the voter's signatures not matching, a | 22 | | ballot subject to this Article may be rejected by the election | 23 | | judge or official: | 24 | | (1) if the ballot envelope is open or has been opened | 25 | | and resealed; | 26 | | (2) if the voter has already cast an early or grace |
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| 1 | | period ballot; | 2 | | (3) if the voter voted in person on election day or the | 3 | | voter is not a duly registered voter in the precinct; or | 4 | | (4) on any other basis set forth in this Code. | 5 | | If the election judge or official determines that any of | 6 | | these reasons apply, the judge or official shall mark across | 7 | | the face of the certification envelope the word "Rejected" and | 8 | | shall not cast or count the ballot. | 9 | | (g-5) If a ballot subject to this Article is rejected by | 10 | | the election judge or official for any reason, the election | 11 | | authority shall, within 2 days after the rejection but in all | 12 | | cases before the close of the period for counting provisional | 13 | | ballots, notify the voter that his or her ballot was rejected. | 14 | | The notice shall inform the voter of the reason or reasons the | 15 | | ballot was rejected and shall state that the voter may appear | 16 | | before the election authority, on or before the 14th day after | 17 | | the election, to show cause as to why the ballot should not be | 18 | | rejected. The voter may present evidence to the election | 19 | | authority supporting his or her contention that the ballot | 20 | | should be counted. The election authority shall appoint a panel | 21 | | of 3 election judges to review the contested ballot, | 22 | | application, and certification envelope, as well as any | 23 | | evidence submitted by the absentee voter. No more than 2 | 24 | | election judges on the reviewing panel shall be of the same | 25 | | political party. The reviewing panel of election judges shall | 26 | | make a final determination as to the validity of the contested |
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| 1 | | ballot. The judges' determination shall not be reviewable | 2 | | either administratively or judicially. | 3 | | A ballot subject to this subsection that is determined to | 4 | | be valid shall be counted before the close of the period for | 5 | | counting provisional ballots. | 6 | | (g-10) All ballots determined to be valid shall be added to | 7 | | the vote totals for the precincts for which they were cast in | 8 | | the order in which the ballots were opened.
| 9 | | (h) Each political party,
candidate, and qualified civic | 10 | | organization shall be entitled to have
present one pollwatcher | 11 | | for each panel of election judges therein assigned.
| 12 | | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | 13 | | 95-699, eff. 11-9-07.)
| 14 | | (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| 15 | | Sec. 24A-10. (1) In an election jurisdiction which has | 16 | | adopted an
electronic voting system, the election official in | 17 | | charge of the
election shall select one of the 3 following | 18 | | procedures for receiving,
counting, tallying, and return of the | 19 | | ballots:
| 20 | | (a) Two ballot boxes shall be provided for each polling | 21 | | place. The
first ballot box is for the depositing of votes cast | 22 | | on the electronic
voting system; and the second ballot box is | 23 | | for all votes cast on paper
ballots, including any
paper | 24 | | ballots
required to be voted other than on the electronic | 25 | | voting system.
Ballots
deposited in the second
ballot box shall |
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| 1 | | be counted, tallied, and returned as is elsewhere
provided in | 2 | | "The Election Code," as amended, for the counting and
handling | 3 | | of paper ballots. Immediately after the closing of the polls, | 4 | | the judges of election shall make out a slip indicating the
| 5 | | number of persons who voted in the precinct at the election. | 6 | | Such slip
shall be signed by all the judges of election and | 7 | | shall be inserted by
them in the first ballot box. The judges | 8 | | of election shall thereupon
immediately lock each ballot box; | 9 | | provided, that if
such box is not of a type which may be | 10 | | securely locked, such box shall be
sealed with filament tape | 11 | | provided for such purpose
which shall be wrapped around the box | 12 | | lengthwise and crosswise, at least
twice each way, and in such | 13 | | manner that the seal completely covers the
slot in the ballot | 14 | | box, and each of the judges shall sign such seal. Thereupon
two | 15 | | of the judges of election, of different political parties, | 16 | | shall
forthwith and by the most direct route transport both | 17 | | ballot boxes to
the counting location designated by the county | 18 | | clerk or board of
election commissioners.
| 19 | | Before the ballots of a precinct are fed to the electronic | 20 | | tabulating
equipment, the first ballot box shall be opened at | 21 | | the central counting
station by the two precinct transport | 22 | | judges. Upon opening a ballot box,
such team shall first count | 23 | | the number of ballots in the box. If 2 or
more are folded | 24 | | together so as to appear to have been cast by the same
person, | 25 | | all of the ballots so folded together shall be marked and
| 26 | | returned with the other ballots in the same condition, as near |
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| 1 | | as may
be, in which they were found when first opened, but | 2 | | shall not be
counted. If the remaining ballots are found to | 3 | | exceed the number of
persons voting in the precinct as shown by | 4 | | the slip signed by the judges
of election, the ballots shall be | 5 | | replaced in the box, and the box
closed and well shaken and | 6 | | again opened and one of the precinct
transport judges shall | 7 | | publicly draw out so many ballots unopened as are
equal to such | 8 | | excess.
| 9 | | Such excess ballots shall be marked "Excess-Not Counted" | 10 | | and signed
by the two precinct transport judges and shall be | 11 | | placed in the "After
6:00 7:00 p.m. Defective Ballots | 12 | | Envelope". The number of excess ballots
shall be noted in the | 13 | | remarks section of the Certificate of Results.
"Excess" ballots | 14 | | shall not be counted in the total of "defective"
ballots.
| 15 | | The precinct transport judges shall then examine the | 16 | | remaining
ballots for write-in votes and shall count and | 17 | | tabulate the write-in
vote; or
| 18 | | (b) A single ballot box, for the deposit of all votes cast, | 19 | | shall be
used. All ballots which are not to be tabulated on the | 20 | | electronic voting
system shall be counted, tallied, and | 21 | | returned as elsewhere provided in
"The Election Code," as | 22 | | amended, for the counting and handling of paper
ballots.
| 23 | | All ballots to be processed and tabulated with the | 24 | | electronic voting
system shall be processed as follows:
| 25 | | Immediately after the closing of the polls, the precinct | 26 | | judges of
election then shall open the ballot box and canvass |
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| 1 | | the votes polled to
determine that the number of ballots | 2 | | therein agree with the number of
voters voting as shown by the | 3 | | applications for ballot or if the same do
not agree the judges | 4 | | of election shall make such ballots agree with the
applications | 5 | | for ballot in the manner provided by Section 17-18 of "The
| 6 | | Election Code." The judges of election shall then examine all | 7 | | ballot cards and ballot card envelopes which
are in
the ballot | 8 | | box to determine whether the
ballot cards and
ballot card | 9 | | envelopes bear the initials of a precinct judge of election.
If | 10 | | any ballot card or ballot card envelope is not
initialed, it | 11 | | shall be marked on the back "Defective," initialed as to
such | 12 | | label by all judges immediately under such word "Defective," | 13 | | and
not counted, but placed in the envelope provided for that | 14 | | purpose
labeled "Defective Ballots Envelope."
| 15 | | When an electronic voting system is used which utilizes a | 16 | | ballot
card, before separating the ballot cards from their | 17 | | respective
covering envelopes, the judges of election shall | 18 | | examine the ballot card
envelopes for write-in votes. When the | 19 | | voter has voted a write-in vote,
the judges of election shall | 20 | | compare the write-in vote with the votes on
the ballot card to | 21 | | determine whether such write-in results in an
overvote for any | 22 | | office. In case of an overvote for any office, the
judges of | 23 | | election, consisting in each case of at least one judge of
| 24 | | election of each of the two major political parties, shall make | 25 | | a true
duplicate ballot of all votes on such ballot card except | 26 | | for the office
which is overvoted, by using the ballot label |
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| 1 | | booklet of the precinct
and one of the marking devices of the | 2 | | precinct so as to transfer all
votes of the voter except for | 3 | | the office overvoted, to an official
ballot card of that kind | 4 | | used in the precinct at that election. The
original ballot card | 5 | | and envelope upon which there is an overvote shall
be clearly | 6 | | labeled "Overvoted Ballot", and each shall bear the same
serial | 7 | | number which shall be placed thereon by the judges of election,
| 8 | | commencing with number 1 and continuing consecutively for the | 9 | | ballots of
that kind in that precinct. The judges of election | 10 | | shall initial the
"Duplicate Overvoted Ballot" ballot cards and | 11 | | shall place them in the
box for return of the ballots. The | 12 | | "Overvoted Ballot" ballots and their
envelopes shall be placed | 13 | | in the "Duplicate Ballots" envelope. Envelopes
bearing | 14 | | write-in votes marked in the place designated therefor and
| 15 | | bearing the initials of a precinct judge of election and not | 16 | | resulting
in an overvote and otherwise complying with the | 17 | | election laws as to
marking shall be counted, tallied, and | 18 | | their votes recorded on a tally
sheet provided by the election | 19 | | official in charge of the election. The
ballot cards and ballot | 20 | | card envelopes shall be separated and all except
any defective | 21 | | or overvoted shall be placed separately in the box for
return | 22 | | of the ballots. The judges of election shall examine the
| 23 | | ballots and ballot cards to determine if any is damaged or | 24 | | defective so
that it cannot be counted by the automatic | 25 | | tabulating equipment. If any
ballot or ballot card is damaged | 26 | | or defective so that it cannot properly
be counted by the |
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| 1 | | automatic tabulating equipment, the judges of
election, | 2 | | consisting in each case of at least one judge of election of
| 3 | | each of the two major political parties, shall make a true | 4 | | duplicate
ballot of all votes on such ballot card by using the | 5 | | ballot label
booklet of the precinct and one of the marking | 6 | | devices of the precinct.
The original ballot or ballot card and | 7 | | envelope shall be clearly labeled
"Damaged Ballot" and the | 8 | | ballot or ballot card so produced "Duplicate
Damaged Ballot," | 9 | | and each shall bear the same number which shall be
placed | 10 | | thereon by the judges of election, commencing with number 1 and
| 11 | | continuing consecutively for the ballots of that kind in the | 12 | | precinct.
The judges of election shall initial the "Duplicate | 13 | | Damaged Ballot"
ballot or ballot cards, and shall place them in | 14 | | the box for return of
the ballots. The "Damaged Ballot" ballots | 15 | | or ballot cards and their
envelopes shall be placed in the | 16 | | "Duplicated Ballots" envelope. A slip
indicating the number of | 17 | | voters voting in person shall be made out, signed by all
judges | 18 | | of election, and inserted in the box for return of the ballots.
| 19 | | The tally sheets recording the write-in votes shall be placed | 20 | | in this
box. The judges of election thereupon immediately shall | 21 | | securely lock the
ballot box or other suitable
box furnished | 22 | | for return of the ballots by the election official in
charge of | 23 | | the election; provided that if such box is not of a type which
| 24 | | may be securely locked, such box shall be sealed with filament | 25 | | tape provided
for such purpose which shall be wrapped around | 26 | | the box lengthwise and crosswise,
at least twice each way. A |
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| 1 | | separate adhesive seal label signed by each of
the judges of | 2 | | election of the precinct shall be affixed to the box so as
to | 3 | | cover any slot therein and to identify the box of the precinct; | 4 | | and
if such box is sealed with filament tape as provided herein | 5 | | rather than
locked, such tape shall be wrapped around the box | 6 | | as provided herein, but
in such manner that the separate | 7 | | adhesive seal label affixed to the box
and signed by the judges | 8 | | may not be removed without breaking the filament
tape and | 9 | | disturbing the signature of the judges. Thereupon, 2 of the
| 10 | | judges of election, of different major political parties, | 11 | | forthwith shall
by the most direct route transport the box for
| 12 | | return of the ballots and enclosed ballots and returns to the | 13 | | central
counting location designated by the election official | 14 | | in charge of the
election. If, however, because of the lack of | 15 | | adequate parking
facilities at the central counting location or | 16 | | for any other reason, it
is impossible or impracticable for the | 17 | | boxes from all the polling places
to be delivered directly to | 18 | | the central counting location, the election
official in charge | 19 | | of the election may designate some other location to
which the | 20 | | boxes shall be delivered by the 2 precinct judges. While at
| 21 | | such other location the boxes shall be in the care and custody | 22 | | of one or
more teams, each consisting of 4 persons, 2 from each | 23 | | of the two major
political parties, designated for such purpose | 24 | | by the election official
in charge of elections from | 25 | | recommendations by the appropriate political
party | 26 | | organizations. As soon as possible, the boxes shall be |
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| 1 | | transported
from such other location to the central counting | 2 | | location by one or more
teams, each consisting of 4 persons, 2 | 3 | | from each of the 2 major
political parties, designated for such | 4 | | purpose by the election official
in charge of elections from | 5 | | recommendations by the appropriate political
party | 6 | | organizations.
| 7 | | The "Defective Ballots" envelope, and "Duplicated Ballots" | 8 | | envelope
each shall be securely sealed and the flap or end | 9 | | thereof of each signed
by the precinct judges of election and | 10 | | returned to the central counting
location with the box for | 11 | | return of the ballots, enclosed ballots and
returns.
| 12 | | At the central counting location, a team of tally judges | 13 | | designated
by the election official in charge of the election | 14 | | shall check the box
returned containing the ballots to | 15 | | determine that all seals are intact,
and thereupon shall open | 16 | | the box, check the voters' slip and compare the
number of | 17 | | ballots so delivered against the total number of voters of the
| 18 | | precinct who voted, remove the ballots or ballot cards and | 19 | | deliver them
to the technicians operating the automatic | 20 | | tabulating equipment. Any
discrepancies between the number of | 21 | | ballots and total number of voters
shall be noted on a sheet | 22 | | furnished for that purpose and signed by the
tally judges; or
| 23 | | (c) A single ballot box, for the deposit of all votes cast, | 24 | | shall be used.
Immediately after the closing of the polls, the | 25 | | precinct judges of election shall
securely
lock the ballot box; | 26 | | provided that if such box is not of a
type which may be |
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| 1 | | securely locked, such box shall be sealed with filament
tape | 2 | | provided for such purpose which shall be wrapped around the box | 3 | | lengthwise
and crosswise, at least twice each way.
A separate | 4 | | adhesive seal label signed by each of the judges of election
of | 5 | | the precinct shall be affixed to the box so as to cover any | 6 | | slot therein
and to identify the box of the precinct; and if | 7 | | such box is sealed with
filament tape as provided herein rather | 8 | | than locked, such tape shall be
wrapped around the box as | 9 | | provided herein, but in such manner that the separate
adhesive | 10 | | seal label affixed to the box and signed by the judges may not
| 11 | | be removed without breaking the filament tape and disturbing | 12 | | the signature
of the judges. Thereupon, 2 of the judges
of | 13 | | election, of different
major political parties, shall | 14 | | forthwith by the most direct route transport
the box for return | 15 | | of the ballots and enclosed absentee and early ballots
and | 16 | | returns
to the central counting location designated by the | 17 | | election official
in charge of the election. If however, | 18 | | because of the lack of adequate
parking facilities at the | 19 | | central counting location or for some other reason,
it is | 20 | | impossible or impracticable for the boxes from all the polling | 21 | | places
to be delivered directly to the central counting | 22 | | location, the election
official in charge of the election may | 23 | | designate some other location to
which the boxes shall be | 24 | | delivered by the 2 precinct judges. While at
such other | 25 | | location the boxes shall be in the care and custody of one or
| 26 | | more teams, each consisting of 4 persons, 2 from each of the |
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| 1 | | two major
political
parties, designated for such purpose by the | 2 | | election official in charge
of elections from recommendations | 3 | | by the appropriate political party
organizations.
As soon as | 4 | | possible, the boxes shall be transported from such other | 5 | | location
to the central counting location by one or more teams, | 6 | | each consisting of
4 persons, 2 from each of the 2 major | 7 | | political parties, designated for
such purpose by the election | 8 | | official in charge of the election from
recommendations
by the | 9 | | appropriate political party organizations.
| 10 | | At the central counting location there shall be one or more | 11 | | teams of tally
judges who possess the same qualifications as | 12 | | tally judges in election
jurisdictions
using paper ballots. The | 13 | | number of such teams shall be determined by the
election | 14 | | authority. Each team shall consist of 5 tally judges, 3 | 15 | | selected
and approved by the county board from a certified list | 16 | | furnished by the
chairman of the county central committee of | 17 | | the party with the majority
of members on the county board and | 18 | | 2 selected and approved by the county
board from a certified | 19 | | list furnished by the chairman of the county central
committee | 20 | | of the party with the second largest number of members
on the | 21 | | county board. At the central counting location a team of tally | 22 | | judges
shall open the ballot box and canvass the votes polled | 23 | | to determine that
the number of ballot sheets
therein agree | 24 | | with the number of voters voting as shown by the applications
| 25 | | for ballot; and, if the same do not agree, the tally judges | 26 | | shall make such
ballots agree with the number of applications |
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| 1 | | for ballot in the manner provided
by Section 17-18 of the | 2 | | Election Code. The tally judges shall then examine
all ballot | 3 | | sheets which are in the ballot box to determine whether they
| 4 | | bear the initials of the precinct judge of election. If any | 5 | | ballot is not
initialed, it shall be marked on the back | 6 | | "Defective", initialed as to such
label by all tally judges | 7 | | immediately under such word "Defective", and not
counted, but | 8 | | placed in the envelope provided for that purpose labeled
| 9 | | "Defective
Ballots Envelope". An overvote for one office shall | 10 | | invalidate
only the vote or count of that particular office.
| 11 | | At the central counting location, a team of tally judges | 12 | | designated
by the election official in charge of the election | 13 | | shall deliver the ballot
sheets to the technicians operating | 14 | | the automatic tabulating equipment.
Any discrepancies between | 15 | | the number of ballots and total number of voters
shall be noted | 16 | | on a sheet furnished for that purpose and signed by the tally
| 17 | | judges.
| 18 | | (2) Regardless of which procedure described in subsection | 19 | | (1) of this
Section is used,
the judges of election designated | 20 | | to transport the ballots, properly signed
and sealed as | 21 | | provided herein, shall ensure that the ballots are delivered
to | 22 | | the central counting station no later than 12 hours after the | 23 | | polls close.
At the central counting station a team of tally | 24 | | judges designated by the
election official in charge of the | 25 | | election shall examine the ballots so
transported and shall not | 26 | | accept ballots for tabulating which are not signed
and sealed |
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| 1 | | as provided in subsection (1) of this Section until the
judges | 2 | | transporting the
same make and sign the necessary corrections. | 3 | | Upon acceptance of the ballots
by a team of tally judges at the | 4 | | central counting station, the election
judges transporting the | 5 | | same shall take a receipt signed by the election
official in | 6 | | charge of the election and stamped with the date and time of
| 7 | | acceptance. The election judges whose duty it is to transport | 8 | | any ballots
shall, in the event
such ballots cannot be found | 9 | | when needed, on proper request, produce the
receipt which they | 10 | | are to take as above provided.
| 11 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 12 | | (10 ILCS 5/24B-10)
| 13 | | Sec. 24B-10. Receiving, Counting, Tallying and Return of
| 14 | | Ballots; Acceptance of Ballots by Election Authority.
| 15 | | (a) In an election jurisdiction which has adopted an | 16 | | electronic Precinct
Tabulation Optical Scan Technology voting | 17 | | system, the election
official in charge of the election shall | 18 | | select one of the 3
following procedures for receiving, | 19 | | counting, tallying, and
return of the ballots:
| 20 | | (1) Two ballot boxes shall be provided for each polling
| 21 | | place. The first ballot box is for the depositing of votes | 22 | | cast
on the electronic voting system; and the second ballot | 23 | | box is for
all votes cast on other ballots, including any | 24 | | paper ballots required to be voted other than on
the | 25 | | Precinct Tabulation Optical Scan Technology electronic |
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| 1 | | voting
system. Ballots deposited in the second
ballot box | 2 | | shall be counted, tallied, and returned as is
elsewhere | 3 | | provided in this Code for the
counting and handling of | 4 | | paper ballots. Immediately after the
closing of the polls, | 5 | | the
judges of election shall make out a slip
indicating the | 6 | | number of persons who voted in the precinct at the
| 7 | | election. The slip shall be signed by all the judges of
| 8 | | election and shall be inserted by them in the first ballot | 9 | | box.
The judges of election shall thereupon immediately | 10 | | lock each
ballot box; provided, that if the box is not of a | 11 | | type which may
be securely locked, the box shall be sealed | 12 | | with filament tape
provided for the purpose that shall be | 13 | | wrapped around the box
lengthwise and crosswise, at least | 14 | | twice each way, and in a
manner that the seal completely | 15 | | covers the slot in the ballot
box, and each of the judges | 16 | | shall sign the seal. Two
of the judges of election, of | 17 | | different political parties, shall
by the most direct route | 18 | | transport both ballot
boxes to the counting location | 19 | | designated by the county clerk or
board of election | 20 | | commissioners.
| 21 | | Before the ballots of a precinct are fed to the | 22 | | electronic
Precinct Tabulation Optical Scan Technology | 23 | | tabulating equipment,
the first ballot box shall be opened | 24 | | at the central counting
station by the 2 precinct transport | 25 | | judges. Upon opening a
ballot box, the team shall first | 26 | | count the number of ballots in
the box. If 2 or more are |
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| 1 | | folded together to appear to
have been cast by the same | 2 | | person, all of the ballots folded
together shall be marked | 3 | | and returned with the other ballots in
the same condition, | 4 | | as near as may be, in which they were found
when first | 5 | | opened, but shall not be counted. If the remaining
ballots | 6 | | are found to exceed the number of persons voting in the
| 7 | | precinct as shown by the slip signed by the judges of | 8 | | election,
the ballots shall be replaced in the box, and the | 9 | | box closed and
well shaken and again opened and one of the | 10 | | precinct transport
judges shall publicly draw out so many | 11 | | ballots unopened as are
equal to the excess.
| 12 | | The excess ballots shall be marked "Excess-Not | 13 | | Counted" and
signed by the 2 precinct transport judges and | 14 | | shall be placed
in the "After 6:00 7:00 p.m. Defective | 15 | | Ballots Envelope". The number
of excess ballots shall be | 16 | | noted in the remarks section of the
Certificate of Results. | 17 | | "Excess" ballots shall not be counted in
the total of | 18 | | "defective" ballots.
| 19 | | The precinct transport judges shall then examine the
| 20 | | remaining ballots for write-in votes and shall count and | 21 | | tabulate
the write-in vote.
| 22 | | (2) A single ballot box, for the deposit of all votes | 23 | | cast,
shall be used. All ballots which are not to be | 24 | | tabulated on the
electronic voting system shall be counted, | 25 | | tallied, and returned
as elsewhere provided in this Code | 26 | | for the
counting and handling of paper ballots.
|
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| 1 | | All ballots to be processed and tabulated with the | 2 | | electronic
Precinct Tabulation Optical Scan Technology | 3 | | voting system shall
be processed as follows:
| 4 | | Immediately after the closing of the polls, the | 5 | | precinct judges of
election shall open the ballot box and | 6 | | canvass the votes
polled to determine that the number of | 7 | | ballots agree with
the number of voters voting as shown by | 8 | | the applications for
ballot, or if the same do not agree | 9 | | the judges of election shall
make such ballots agree with | 10 | | the applications for ballot in the
manner provided by | 11 | | Section 17-18 of this Code.
| 12 | | In case of an overvote for any office, the judges of
| 13 | | election, consisting in each case of at least one judge of
| 14 | | election of each of the 2 major political parties, shall | 15 | | make a
true duplicate ballot of all votes on the ballot | 16 | | except for
the office which is overvoted, by using the | 17 | | ballot of the
precinct and one of the marking devices, or | 18 | | equivalent ballot, of the
precinct to
transfer all votes of | 19 | | the voter except for the office overvoted,
to an official | 20 | | ballot of that kind used in the precinct at
that election. | 21 | | The original ballot upon which there is an
overvote shall | 22 | | be clearly labeled "Overvoted Ballot", and each
shall bear | 23 | | the same serial number which shall be placed thereon
by the | 24 | | judges of election, beginning with number 1 and
continuing | 25 | | consecutively for the ballots of that kind in that
| 26 | | precinct. The judges of election shall initial the |
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| 1 | | "Duplicate
Overvoted Ballot" ballots and shall place them | 2 | | in the box for
return of the ballots. The "Overvoted | 3 | | Ballot" ballots shall be
placed in the "Duplicate Ballots" | 4 | | envelope. The ballots except
any defective or overvoted | 5 | | ballot shall be placed separately in
the box for return of | 6 | | the ballots. The judges
of election shall examine the | 7 | | ballots to determine if any is
damaged or defective so that | 8 | | it cannot be counted by the
automatic tabulating equipment. | 9 | | If any ballot is
damaged or defective so that it cannot | 10 | | properly be counted by the
automatic tabulating equipment, | 11 | | the judges of election,
consisting in each case of at least | 12 | | one judge of election of each
of the 2 major political | 13 | | parties, shall make a true duplicate
ballot of all votes on | 14 | | such ballot by using the ballot of
the precinct and one of | 15 | | the marking devices, or equivalent ballot, of the
precinct. | 16 | | The
original ballot and ballot envelope shall be clearly
| 17 | | labeled "Damaged Ballot" and the ballot so
produced | 18 | | "Duplicate Damaged Ballot", and each shall bear the same
| 19 | | number which shall be placed thereon by the judges of | 20 | | election,
commencing with number 1 and continuing | 21 | | consecutively for the
ballots of that kind in the precinct. | 22 | | The judges of election
shall initial the "Duplicate Damaged | 23 | | Ballot" ballot and shall place them in
the box for return | 24 | | of the ballots.
The "Damaged Ballot" ballots
shall be | 25 | | placed in the "Duplicated Ballots" envelope. A slip
| 26 | | indicating the number of voters voting in person and the |
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| 1 | | total number
of voters of the precinct who voted at the | 2 | | election shall be made
out, signed by all judges of | 3 | | election, and inserted in the box
for return of the | 4 | | ballots. The tally sheets recording the write-in votes | 5 | | shall
be placed in this box. The judges of election | 6 | | immediately shall
securely lock the ballot box or other | 7 | | suitable box furnished for return of the
ballots by the | 8 | | election official in charge of the election; provided that | 9 | | if
the box is not of a type which may be securely locked, | 10 | | the box shall be
sealed with filament tape provided for the | 11 | | purpose which shall
be wrapped around the box lengthwise | 12 | | and crosswise, at least
twice each way. A separate adhesive | 13 | | seal label signed by each of
the judges of election of the | 14 | | precinct shall be affixed to the
box to cover any slot | 15 | | therein and to identify the box of
the precinct; and if the | 16 | | box is sealed with filament tape as
provided rather than | 17 | | locked, such tape shall be wrapped
around the box as | 18 | | provided, but in such manner that the
separate adhesive | 19 | | seal label affixed to the box and signed by the
judges may | 20 | | not be removed without breaking the filament tape and
| 21 | | disturbing the signature of the judges. Two of the
judges | 22 | | of election, of different major political parties,
shall by | 23 | | the most direct route transport the box for
return of the | 24 | | ballots and enclosed ballots and returns to the
central | 25 | | counting location designated by the election official in
| 26 | | charge of the election. If, however, because of the lack of
|
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| 1 | | adequate parking facilities at the central counting | 2 | | location or
for any other reason, it is impossible or | 3 | | impracticable for the
boxes from all the polling places to | 4 | | be delivered directly to the
central counting location, the | 5 | | election official in charge of the
election may designate | 6 | | some other location to which the boxes
shall be delivered | 7 | | by the 2 precinct judges. While at the other
location the | 8 | | boxes shall be in the care and custody of one or
more | 9 | | teams, each consisting of 4 persons, 2 from each of the 2
| 10 | | major political parties, designated for such purpose by the
| 11 | | election official in charge of elections from | 12 | | recommendations by
the appropriate political party | 13 | | organizations. As soon as
possible, the boxes shall be | 14 | | transported from the other location
to the central counting | 15 | | location by one or more teams, each
consisting of 4 | 16 | | persons, 2 from each of the 2 major political
parties, | 17 | | designated for the purpose by the election official in
| 18 | | charge of elections from recommendations by the | 19 | | appropriate
political party organizations.
| 20 | | The "Defective Ballots" envelope, and "Duplicated | 21 | | Ballots"
envelope each shall be securely sealed and the | 22 | | flap or end
of each envelope signed by the precinct judges | 23 | | of election and
returned to the central counting location | 24 | | with the box for return
of the ballots, enclosed ballots | 25 | | and returns.
| 26 | | At the central counting location, a team of tally |
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| 1 | | judges
designated by the election official in charge of the | 2 | | election
shall check the box returned containing the | 3 | | ballots to determine
that all seals are intact, and shall | 4 | | open the box,
check the voters' slip and compare the number | 5 | | of ballots so
delivered against the total number of voters | 6 | | of the precinct who
voted, remove the ballots and deliver | 7 | | them to the
technicians operating the automatic tabulating | 8 | | equipment. Any
discrepancies between the number of ballots | 9 | | and total number of
voters shall be noted on a sheet | 10 | | furnished for that purpose and
signed by the tally judges.
| 11 | | (3) A single ballot box, for the deposit of all votes | 12 | | cast,
shall be used. Immediately after the closing of the | 13 | | polls, the
precinct judges of election shall securely lock | 14 | | the ballot box;
provided that if such box is not of a type | 15 | | which may be securely
locked, the box shall be sealed with | 16 | | filament tape provided for
the purpose which shall be | 17 | | wrapped around the box lengthwise and
crosswise, at least | 18 | | twice each way. A separate adhesive seal
label signed by | 19 | | each of the judges of election of the precinct
shall be | 20 | | affixed to the box to cover any slot therein and
to | 21 | | identify the box of the precinct; and if the box is sealed
| 22 | | with filament tape as provided rather than locked, such
| 23 | | tape shall be wrapped around the box as provided, but in
a | 24 | | manner that the separate adhesive seal label affixed to the
| 25 | | box and signed by the judges may not be removed without | 26 | | breaking
the filament tape and disturbing the signature of |
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| 1 | | the judges.
Two of the judges of election, of different | 2 | | major
political parties, shall by the most direct route
| 3 | | transport the box for return of the ballots and enclosed | 4 | | absentee and early
ballots and returns to the central | 5 | | counting location designated
by the election official in | 6 | | charge of the election. If however,
because of the lack of | 7 | | adequate parking facilities at the central
counting | 8 | | location or for some other reason, it is impossible or
| 9 | | impracticable for the boxes from all the polling places to | 10 | | be
delivered directly to the central counting location, the | 11 | | election
official in charge of the election may designate | 12 | | some other
location to which the boxes shall be delivered | 13 | | by the 2 precinct
judges. While at the other location the | 14 | | boxes shall be in the
care and custody of one or more | 15 | | teams, each consisting of 4
persons, 2 from each of the 2 | 16 | | major political parties,
designated for the purpose by the | 17 | | election official in charge of
elections from | 18 | | recommendations by the appropriate political party
| 19 | | organizations. As soon as possible, the boxes shall be
| 20 | | transported from the other location to the central counting
| 21 | | location by one or more teams, each consisting of 4 | 22 | | persons, 2
from each of the 2 major political parties, | 23 | | designated for the
purpose by the election official in | 24 | | charge of the election from
recommendations by the | 25 | | appropriate political party organizations.
| 26 | | At the central counting location there shall be one or |
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| 1 | | more
teams of tally judges who possess the same | 2 | | qualifications as
tally judges in election jurisdictions | 3 | | using paper ballots. The
number of the teams shall be | 4 | | determined by the election
authority. Each team shall | 5 | | consist of 5 tally judges, 3 selected
and approved by the | 6 | | county board from a certified list furnished
by the | 7 | | chairman of the county central committee of the party with
| 8 | | the majority of members on the county board and 2 selected | 9 | | and
approved by the county board from a certified list | 10 | | furnished by
the chairman of the county central committee | 11 | | of the party with
the second largest number of members on | 12 | | the county board. At the
central counting location a team | 13 | | of tally judges shall open the
ballot box and canvass the | 14 | | votes polled to determine that the
number of ballot sheets | 15 | | therein agree with the number of voters
voting as shown by | 16 | | the applications for ballot and, if the same do not agree, | 17 | | the tally judges shall
make such ballots agree with the | 18 | | number of applications for
ballot in the manner provided by | 19 | | Section 17-18 of this
Code. The tally judges shall then | 20 | | examine all ballot sheets
that are in the ballot box to | 21 | | determine whether they bear the
initials of the precinct | 22 | | judge of election. If any ballot is not
initialed, it shall | 23 | | be marked on the back "Defective", initialed
as to that | 24 | | label by all tally judges immediately under the word
| 25 | | "Defective", and not counted, but placed in the envelope | 26 | | provided
for that purpose labeled "Defective Ballots |
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| 1 | | Envelope". An
overvote for one office shall invalidate only | 2 | | the vote or count
for that particular office.
| 3 | | At the central counting location, a team of tally | 4 | | judges
designated by the election official in charge of the | 5 | | election
shall deliver the ballot sheets to the technicians | 6 | | operating the
automatic Precinct Tabulation Optical Scan | 7 | | Technology tabulating
equipment. Any discrepancies between | 8 | | the number of ballots and
total number of voters shall be | 9 | | noted on a sheet furnished for
that purpose and signed by | 10 | | the tally judges.
| 11 | | (b) Regardless of which procedure described in subsection
| 12 | | (a) of this Section is used, the judges of election designated | 13 | | to
transport the ballots properly signed and sealed,
shall | 14 | | ensure that the ballots are delivered to the
central counting | 15 | | station no later than 12 hours after the polls
close. At the | 16 | | central counting station, a team of tally judges
designated by | 17 | | the election official in charge of the election
shall examine | 18 | | the ballots so transported and shall not accept
ballots for | 19 | | tabulating which are not signed and sealed as
provided in | 20 | | subsection (a) of this Section until the judges
transporting | 21 | | the ballots make and sign the necessary corrections.
Upon | 22 | | acceptance of the ballots by a team of tally judges at the
| 23 | | central counting station, the election judges transporting the
| 24 | | ballots shall take a receipt signed by the election official in
| 25 | | charge of the election and stamped with the date and time of
| 26 | | acceptance. The election judges whose duty it is to transport
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| 1 | | any ballots shall, in the event the ballots cannot be found | 2 | | when
needed, on proper request, produce the receipt which they | 3 | | are to
take as above provided.
| 4 | | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 5 | | 94-1000, eff. 7-3-06.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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