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Illinois Compiled Statutes
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ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/18-3
(10 ILCS 5/18-3) (from Ch. 46, par. 18-3)
Sec. 18-3.
(a) Before voting begins in such municipalities the ballot box shall be
empty; and shall be opened and shown to those present to be empty, after
which it shall be locked and the key delivered to one of the judges, and it
shall not be removed from public view from the time when it is shown to be
empty until after the close of the polls. It shall remain locked and shall
not be again opened until after the close of the polls. This paragraph (a)
applies whenever permanent type ballot boxes are used, and does not apply
when non-permanent type ballot boxes are used in accordance with section
15-4, paragraph (b).
(b) When non-permanent type ballot boxes are used in accordance with
section 15-4, paragraph (b), prior to the commencement of voting and before
any ballots are deposited therein, the judges shall examine each sealed
ballot box, show it to those present and insure that it is in fact sealed
and empty; the sealed slot shall be broken open before those present and
the box inspected to insure that it is empty and such ballot box shall not
be removed from public view from the time it is so inspected until after
the close of the polls. This sealed opening on the side of the box shall
not be unsealed or opened until after the close of the polls.
(c) Regardless of whether a permanent type or a non-permanent type
ballot boxes are used, the judges of election shall keep such ballot box
constantly in public view during the progress of the election. If any
barricade or other obstruction of any kind is, prior to or during such
election, interposed, so that all who desire cannot constantly see such
ballot box, the judges shall remove such obstruction on request or on their
own motion, and if such obstruction is not removed on request, any sheriff
or police officer shall remove the same on request. Any court
has jurisdiction, on complaint, to issue a warrant to the sheriff of the
county to remove such obstruction as a nuisance; and in executing such
warrant he may call any person to his assistance, and no other officer of
the law or private individual shall interpose or interfere with such
removal.
(Source: P.A. 79-1364.)
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10 ILCS 5/18-4
(10 ILCS 5/18-4) (from Ch. 46, par. 18-4)
Sec. 18-4.
The official poll record provided for by sections 6-66 and 6-67
of Article 6 of this Act shall constitute the poll list, and poll books
shall not be kept by judges of election. Where in respect to any
municipality operating under Article 6 reference is made to poll lists or
poll books, such reference shall hereafter apply to the official poll
record.
(Source: Laws 1957, p. 1450 .)
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10 ILCS 5/18-5 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
Sec. 18-5. Any person desiring to vote and whose name is found upon
the register of voters by the person having charge thereof, shall then
be questioned by one of the judges as to his nativity, his term of
residence at present address, precinct, State and United States, his
age, whether naturalized and if so the date of naturalization papers and
court from which secured, and he shall be asked to state his residence
when last previously registered and the date of the election for which
he then registered. The judges of elections shall check each application
for ballot against the list of voters registered in that precinct to whom
grace period, vote by mail, and early ballots have been issued for that election, which shall
be provided
by the election authority and which list shall be available for inspection
by pollwatchers. A voter applying to vote in
the precinct on
election day whose name appears on the list as having been issued a grace period, vote by mail,
or early ballot shall not be permitted to vote in the precinct, except that a voter to whom a vote by mail ballot was issued may vote in the precinct if the voter submits to the election judges that vote by mail ballot for cancellation. If the voter is unable to submit the vote by mail ballot, it shall be sufficient for the voter to submit to the election judges (i) a portion of the vote by mail ballot if the vote by mail ballot was torn or mutilated or (ii) an affidavit executed before the election judges specifying that (A) the voter never received a vote by mail ballot or (B) the voter completed and returned a vote by mail ballot and was informed that the election authority did not receive that vote by mail ballot.
If such person
so registered shall be challenged as disqualified, the party challenging
shall assign his reasons therefor, and thereupon one of the judges shall
administer to him an oath to answer questions, and if he shall take the
oath he shall then be questioned by the judge or judges touching such cause
of challenge, and touching any other cause of disqualification. And he may
also be questioned by the person challenging him in regard to his
qualifications and identity. But if a majority of the judges are of the
opinion that he is the person so registered and a qualified voter, his vote
shall then be received accordingly. But if his vote be rejected by such
judges, such person may afterward produce and deliver an affidavit to such
judges, subscribed and sworn to by him before one of the judges, in which
it shall be stated how long he has resided in such precinct, and state;
that he is a citizen of the United States, and is a duly qualified voter in
such precinct, and that he is the identical person so registered.
In addition to such an affidavit, the person so challenged shall provide
to the judges of election proof of residence by producing 2 forms of
identification showing the person's current residence address, provided
that such identification may include a lease or contract for a residence and not more than one piece of mail addressed to the person at his current residence address and
postmarked not earlier than 30 days prior to the date of the
election, or the person shall procure a witness personally known to the
judges of election, and resident in the precinct (or district), or who
shall be proved by some legal voter of such precinct or district, known to
the judges to be such, who shall take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of this election
precinct (or district), and entitled to vote at this election, and that I
have been a resident of this State for 30 days last past, and am well
acquainted with the person whose vote is now offered; that he is an actual
and bona fide resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this State, 30 days
next preceding this election.
The oath in each case may be administered by one of the judges of
election, or by any officer, resident in the precinct or district,
authorized by law to administer oaths. Also supported by an affidavit by a
registered voter residing in such precinct, stating his own residence, and
that he knows such person; and that he does reside at the place mentioned
and has resided in such precinct and state for the length of time as stated
by such person, which shall be subscribed and sworn to in the same way.
For purposes of this Section, the submission of a photo identification issued by a college or university, accompanied by either (i) a copy of the applicant's contract or lease for a residence or (ii) one piece of mail addressed to the person at his or her current residence address and postmarked not earlier than 30 days prior to the date of the election, shall be sufficient to establish proof of residence. Whereupon the vote of such person shall be received, and entered as other
votes. But such judges, having charge of such registers, shall state in
their respective books the facts in such case, and the affidavits, so
delivered to the judges, shall be preserved and returned to the office of
the commissioners of election. Blank affidavits of the character aforesaid
shall be sent out to the judges of all the precincts, and the judges of
election shall furnish the same on demand and administer the oaths without
criticism. Such oaths, if administered by any other officer than such judge
of election, shall not be received. Whenever a proposal for a
constitutional amendment or for the calling of a constitutional convention
is to be voted upon at the election, the separate blue ballot or ballots
pertaining thereto shall be placed on top of the other ballots to be voted
at the election in such manner that the legend appearing on the back
thereof, as prescribed in Section 16-6 of this Act, shall be plainly
visible to the voter, and in this fashion the ballots shall be handed to
the voter by the judge.
Immediately after voting, the voter shall be instructed whether the voting equipment, if used, accepted or rejected the ballot or identified the ballot as under-voted. A voter whose ballot is identified as under-voted for a statewide constitutional office may return to the voting booth and complete the voting of that ballot. A voter whose ballot is not accepted by the voting equipment may, upon surrendering the ballot, request and vote another ballot. The voter's surrendered ballot shall be initialed by the election judge and handled as provided in the appropriate Article governing that voting equipment. The voter shall, upon quitting the voting booth, deliver to one of
the judges of election all of the ballots, properly folded, which he
received. The judge of election to whom the voter delivers his ballots
shall not accept the same unless all of the ballots given to the voter
are returned by him. If a voter delivers less than all of the ballots
given to him, the judge to whom the same are offered shall advise him in
a voice clearly audible to the other judges of election that the voter
must return the remainder of the ballots. The statement of the judge to
the voter shall clearly express the fact that the voter is not required
to vote such remaining ballots but that whether or not he votes them he
must fold and deliver them to the judge. In making such statement the
judge of election shall not indicate by word, gesture or intonation of
voice that the unreturned ballots shall be voted in any particular
manner. No new voter shall be permitted to enter the voting booth of a
voter who has failed to deliver the total number of ballots received by
him until such voter has returned to the voting booth pursuant to the
judge's request and again quit the booth with all of the ballots
required to be returned by him. Upon receipt of all such ballots the
judges of election shall enter the name of the voter, and his number, as
above provided in this Section, and the judge to whom the ballots are
delivered shall immediately put the ballots into the ballot box. If any
voter who has failed to deliver all the ballots received by him refuses
to return to the voting booth after being advised by the judge of
election as herein provided, the judge shall inform the other judges of
such refusal, and thereupon the ballot or ballots returned to the judge
shall be deposited in the ballot box, the voter shall be permitted to
depart from the polling place, and a new voter shall be permitted to
enter the voting booth.
The judge of election who receives the ballot or ballots from the
voter shall announce the residence and name of such voter in a loud
voice. The judge shall put the ballot or ballots received from the voter
into the ballot box in the presence of the voter and the judges of
election, and in plain view of the public. The judges having charge of
such registers shall then, in a column prepared thereon, in the same
line of, the name of the voter, mark "Voted" or the letter "V".
No judge of election shall accept from any voter less than the full
number of ballots received by such voter without first advising the
voter in the manner above provided of the necessity of returning all of
the ballots, nor shall any such judge advise such voter in a manner
contrary to that which is herein permitted, or in any other manner
violate the provisions of this Section; provided, that the acceptance by
a judge of election of less than the full number of ballots delivered to
a voter who refuses to return to the voting booth after being properly
advised by such judge shall not be a violation of this Section.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/18-5.1
(10 ILCS 5/18-5.1) (from Ch. 46, par. 18-5.1)
Sec. 18-5.1.
The provisions of Section 17-13, insofar as they may be
made applicable to voters with disabilities in elections under the jurisdiction of
boards of election commissioners, shall be applicable herein.
(Source: P.A. 99-143, eff. 7-27-15.)
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10 ILCS 5/18-6
(10 ILCS 5/18-6) (from Ch. 46, par. 18-6)
Sec. 18-6.
The provisions of Section 17-23 of this Code, insofar as applicable
to pollwatchers in elections under the jurisdiction of boards of
election commissioners, shall be applicable herein.
(Source: P.A. 80-1090.)
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10 ILCS 5/18-7
(10 ILCS 5/18-7) (from Ch. 46, par. 18-7)
Sec. 18-7.
Said judges of election shall have authority and it shall be
their duty to keep the peace, and to cause any person to be arrested for
any breach of the peace or for any breach of election laws, or any
interference with the progress of registration, revision, election or of
the canvass of the ballots; and it shall be the duty of all officers of the
law present to obey the order of such judges of election, or either of
them, and an officer making an arrest, by direction of any judge, shall be
protected in making such arrest the same as if a warrant had been issued to
him to make such arrest.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/18-8
(10 ILCS 5/18-8) (from Ch. 46, par. 18-8)
Sec. 18-8.
As soon as the poll of an election shall have been finally
closed, the judges of election, in their several precincts, shall
immediately, and at the place of the poll, proceed to canvass the vote
so cast. Such canvass shall not be adjourned or postponed until it shall
have been fully completed, nor until the several statements herein
required to be made by the judges shall have been made out and signed by
them. The judges of election shall have the right to station one or more
police officers or officers of the peace, at such entrance to the room
where such canvass is begun, or about to take place, to exclude
disorderly persons, and to keep the peace.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 83-333.)
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10 ILCS 5/18-9
(10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
Sec. 18-9.
The judges of election shall first count the whole number
of ballots in the box. If the ballots shall be found to exceed the
number of applications for ballot, they shall reject the ballots, if
any, found folded inside of a ballot. And if the ballots and the
applications for ballot still do not agree after such rejection, the
ballots shall be replaced in the box and the box closed and well shaken,
and again opened; and one of the judges shall publicly draw out so many
ballots unopened as shall be equal to such excess. Such excess ballots
shall be marked "Excess-Not Counted" and signed by a majority of judges
and shall be placed in the "After 6:00 p.m. Defective Ballots Envelope".
The number of excess ballots shall be noted in the remarks section of
the Certificate of Results. "Excess" ballots shall not
be counted in the total of "defective" ballots. And the ballots and
applications for ballot being made to agree in this way, the judges
shall proceed to count the votes in the following manner: The judges
shall open the ballots and place those which contain the same names
together, so that the several kinds shall be in separate piles or on
separate files. Each of the judges shall examine the separate files
which are, or are supposed to be, alike, and exclude from such files any
which may have a name or an erasure, or in any manner shall be different
from the others of such file. One of the judges shall then take one file
of the kind of ballots which contain the same names, and count them by
tens, carefully examining each name on each of the ballots. Such judge
shall then pass the ten ballots aforesaid to the judge sitting next to
him, who shall count them in the same manner, who shall then pass them
to a third judge, who shall also count them in the same manner. Then the
third judge shall call the names of the persons named in the ten
ballots, and the offices for which they are designated, and 2 of the
judges, who did not assist in the counting shall tally ten votes for
each of such persons, except as herein otherwise provided. When the
judges shall have gone through such file of ballots, containing the same
names, and shall count them by tens in the same way, and shall call the
names of the persons named in the ballots and the office for which they
are designated, the tally judges shall tally the votes by tens for each
of such persons in the same manner as in the first instance. When the
counting of each file of ballots which contain the same names shall be
completed, the tally judges shall compare their tallies together and
ascertain the total number of ballots of that kind so canvassed; and
when they agree upon the number, one of them shall announce it in a loud
voice to the other judges. The judges shall then canvass the other kinds
of ballots which do not correspond, those containing names partly from
one kind of ballots and partly from another, being those from which the
name of the person proper to be voted for on such ballots has been
omitted or erased, usually called "scratched tickets". They shall be
canvassed separately by one of the judges sitting between 2 other
judges, which judge shall call each name to the tally judges and the
office for which it is designated, and the other judges looking at the
ballot at the same time, and the tally judges making tally of the same.
When all the ballots have been canvassed in this manner, the tally
judges shall compare their tallies together, and ascertain the total
number of votes received by each candidate and when they agree upon the
numbers one of them shall announce in a loud voice to the judges the
number of votes received by each candidate on each of the kinds of
ballots containing his name, the number received by him on
scratch tickets, and the total number of votes received by him.
The votes for the offices of Governor and Lieutenant Governor shall
be counted and tallied jointly.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 89-700, eff. 1-17-97.)
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10 ILCS 5/18-9.1
(10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
Sec. 18-9.1. Except as otherwise provided in this Code, write-in votes shall be counted only for persons who have
filed notarized declarations of intent to be write-in candidates with
the proper election authority or authorities not later than 61 days prior to
the election. However, whenever an objection to a candidate's nominating papers or petitions is sustained under Section 10-10 after the 61st day before the election, then write-in votes shall be counted for that candidate if he or she has filed a notarized declaration of intent to be a write-in candidate for that office with the proper election authority or authorities not later than 7 days prior to the election.
Forms for the declaration of intent to be a write-in candidate shall
be supplied by the election authorities. Such declaration shall specify
the office for which the person seeks election as a write-in candidate.
The election authority or authorities shall deliver a list of all persons
who have filed such declarations to the election judges in the appropriate
precincts prior to the election.
A candidate for whom a nomination paper has been filed as a partisan
candidate at a primary election, and who is defeated for his or her
nomination at the primary election, is ineligible to file a declaration of
intent to be a write-in candidate for election in that general or
consolidated election.
A candidate seeking election to an office for which candidates of
political parties are nominated by caucus who is a participant in the
caucus and who is defeated for his or her nomination at such caucus is
ineligible to file a declaration of intent to be a write-in candidate for
election in that general or consolidated election.
A candidate seeking election to an office for which candidates are
nominated at a primary election on a nonpartisan basis and who is defeated
for his or her nomination at the primary election is ineligible to file a
declaration of intent to be a write-in candidate for election in that
general or consolidated election.
Nothing in this Section shall be construed to apply to votes
cast under the provisions of subsection (b) of Section 16-5.01.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/18-9.2
(10 ILCS 5/18-9.2) (from Ch. 46, par. 18-9.2)
Sec. 18-9.2.
Where a vacancy in nomination is filled pursuant
to Section 7-61 or Section 10-11, the vote by mail votes cast for the
original candidate on the first ballot shall not be counted.
For this purpose, in those jurisdictions
where electronic voting systems are used, the election authority
shall determine a method by which the first ballots containing
the name of the original candidate may be segregated from the
revised ballots containing the name of the successor candidate
and separately counted.
Where a vacancy in nomination is not filled pursuant to Section
7-61 or Section 10-11, all votes cast for the original candidate
shall be counted for such candidate.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/18-10
(10 ILCS 5/18-10) (from Ch. 46, par. 18-10)
Sec. 18-10.
Each batch of ten ballots counted by the judges of election
shall, as soon as counted, read and tallied, be strung upon a strong
string, thread or twine in the order in which they have been read; and each
batch shall thus be disposed of before the commencement of the count as to
the next batch.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: Laws 1965, p. 2220.)
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10 ILCS 5/18-11
(10 ILCS 5/18-11) (from Ch. 46, par. 18-11)
Sec. 18-11.
Whenever any proposition is submitted to a vote of the people
and is printed or written upon the same ticket, with the names of
candidates for office, the names, together with such proposition, shall be
canvassed in the following manner: All the ballots shall be first separated
into 3 piles; the first pile containing all the ballots in favor of such
proposition; the second pile containing all the ballots against such
proposition, and the third pile containing all the ballots not mentioning
such proposition, or being neither for nor against such proposition. Each
of the judges shall then examine each pile and see that the separation has
been properly made. Then the first pile shall be counted by tens, and the
result announced to the tally judges who shall tally the same by tens. And
so the second pile shall be counted, announced and tallied, and likewise
the third pile, if necessary. Whereupon the tally judges shall announce to
the judges the number of votes for and the number of votes against such
proposition. The ballots for or against any proposition submitted shall
always be canvassed, counted and tallied after the names of candidates for
any office are canvassed, counted or tallied.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: Laws 1965, p. 2220.)
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10 ILCS 5/18-12
(10 ILCS 5/18-12) (from Ch. 46, par. 18-12)
Sec. 18-12.
If the tally sheet and returns should contain no heading for
any proposition submitted, it shall be the duty of the tally judges to
write into such tally sheets and returns the headings necessary in order to
keep a correct tally, and to make a correct and accurate return, and it
shall be the legal duty of the judges of election to make a true count and
correct return of all votes upon any such proposition.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/18-13
(10 ILCS 5/18-13) (from Ch. 46, par. 18-13)
Sec. 18-13.
When the canvass of the ballots has been completed, and
the tally judges have announced to the judges the total number of votes
received by each candidate, each of the judges of the election in turn
shall then proclaim, in a loud voice, the total number of votes received
by each of the persons voted for in such precinct, and the office for
which he is designated, and the number of votes for and the number of
votes against any proposition which shall have been submitted to a vote
of the people. Such proclamation shall be prima facie evidence of the
result of the canvass of such ballots.
Immediately after making such proclamation the judges shall designate one
of their number to go
to the nearest telephone and report to the office of the board of
election commissioners the result announced in such proclamation. The
board of election commissioners shall keep its office open after the
close of the polls on the day of any election until it has received from
each precinct in the county the report above provided for. Immediately
upon receiving such report the board of election commissioners shall
cause the same to be posted in a public place in its office for
inspection by the public. Immediately after making such report such
judge shall return to the polling place and the judges shall proceed
with their duties prescribed in this Code.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 81-1433.)
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10 ILCS 5/18-14
(10 ILCS 5/18-14) (from Ch. 46, par. 18-14)
Sec. 18-14.
The judges of election shall make duplicate statements of
the result of the canvass, which shall be written or partly written and
partly printed. Each of the statements shall contain a caption stating
the day on which, and the number of the election precinct and the ward,
city and county, in relation to which such statements shall be made, and
the time of opening and closing of the polls of such election precinct.
It shall also contain a statement showing the whole number of votes
given for each person, designating the office for which they were given,
which statement shall be written, or partly written and partly printed,
in words at length; and in case a proposition of any kind has been
submitted to a vote at such election, such statements shall also show
the whole number of votes cast for or against such proposition, written
out or partly written and partly printed, in words at length, and at the
end thereof a certificate that such statement is correct in all
respects; which certificate, and each sheet of paper forming part of the
statement, shall be subscribed by the judges. If any judge shall decline
to sign such return, he shall state his reason therefor in writing, and
a copy thereof, signed by himself, shall be enclosed with each return.
Each of the statements shall be enclosed in an envelope, which shall
then be securely sealed with sealing wax or other adhesive material; and
each of the judges shall write his name across every fold at which the
envelope, if unfastened, could be opened. One of the envelopes shall be
directed to the county clerk and one to the comptroller of the city, or
to the officer of such city whose duties correspond with those of
comptroller. The judges of election shall make quadruplicate sets of
tallies, and each set of tallies shall also be signed by the judges of
the election. If, however, the number of established political parties,
as defined in Section 10-2, exceeds 2, one additional set of tallies
shall be made and signed for each established political party in excess
of 2. Each set shall be enclosed in an envelope, securely sealed and
signed in like manner; and one of the envelopes shall be directed on the
outside to the election commissioners and the other to the city, village
or town clerk; the other two envelopes shall be addressed, respectively,
to the chairmen of the county central committees of the established
political parties. On the outside of every envelope shall be endorsed
whether it contains the statements of the votes cast or the tallies, and
for what precinct and ward, village or town.
However, in those jurisdictions where electronic voting systems utilizing
in-precinct counting equipment are used, one such envelope shall be transmitted
to the chair of the county central committee of each established political
party and 2 such envelopes shall be transmitted to the board of election
commissioners.
Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
At the nonpartisan and consolidated elections, the judges of election
shall make a tally sheet and certificate of results for each political
subdivision as to which candidates or public questions are on the ballot
at such election, except where such votes are to be canvassed by the
board of election commissioners or by the city canvassing board provided
in Section 22-8. The judges shall sign, seal in a marked envelope and
deliver them to the county clerk with the other certificates of results
herein required. Such tally sheets and certificates of results may be
duplicates of the tally sheet and certificate of results otherwise
required by this Section, showing all votes for all candidates and
public questions voted for or upon in the precinct, or may be on
separate forms prepared by the election authority and showing only those
votes cast for candidates and public questions of each such political
subdivision.
Within 2 days of delivery of complete returns of the consolidated and
nonpartisan elections, the board of election commissioners shall
transmit an original, sealed tally sheet and certificate of results from
each precinct in its jurisdiction in which candidates or public
questions of a political subdivision were on the ballot to the local
election official of such political subdivision where a local canvassing
board is designated to canvass such votes. Each local election official,
within 24 hours of receipt of all of the tally sheets and certificates
of results for all precincts in which candidates or public questions of
his political subdivision were on the ballot, shall transmit such sealed
tally sheets and certificates of results to the canvassing board for
that political subdivision.
In the case of referenda for the formation of a political subdivision
the tally sheets and certificates of results shall be transmitted by the
board of election commissioners to the circuit court that ordered the
proposition submitted or to the officials designated by the court to
conduct the canvass of votes. In the case of school referenda for which
a regional superintendent of schools is responsible for the canvass of
votes, the board of election commissioners shall transmit the tally
sheets and certificates of results to the regional superintendent.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/18-15
(10 ILCS 5/18-15) (from Ch. 46, par. 18-15)
Sec. 18-15.
The poll books shall be enclosed in an envelope, which shall
then be securely sealed with sealing wax, or other adhesive material; and
each of the judges shall write his name across every fold at which the
envelope if unfastened could be opened.
(Source: Laws 1957, p. 1450.)
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10 ILCS 5/18-16
(10 ILCS 5/18-16) (from Ch. 46, par. 18-16)
Sec. 18-16.
Thereupon one of the judges of election shall take charge of
the poll books and the key to the ballot box. Two of the judges shall each
take one of the statements of the votes cast into his possession sealed up
in the envelopes as aforesaid, and each of the remaining 2 judges shall
take one of the tally sheets sealed up in the envelopes as aforesaid.
Thereupon the judge having possession of such poll books shall immediately
deliver the poll books to the Board of Election Commissioners, or to the
person or persons delegated by the board to receive such envelopes, and at
such place or places within the area served by the board as pre-determined
by the board, with the seal unbroken and shall receive a receipt therefor;
and the other judges shall immediately deliver the statements and tallies
so in their possession respectively, to the respective officers to whom
addressed as aforesaid and who, by this Act, are entitled to receive the
same, and when delivered, each one shall take a receipt from the officer to
whom delivered. Such envelopes shall be delivered to such officers or their
duly authorized and appointed representatives, at the time and place where
such envelopes are delivered to the Board of Election Commissioners or its
designated receiving stations as pre-determined by the board, as
hereinabove provided for. And none of them shall receive pay for their
services as such judges without the production of the receipts so given
them by the officers as aforesaid. It shall be the duty of the respective
officers so designated, to whom such statements and tallies are ordered to
be delivered, to receive the same, and to safely keep under lock and key
until ordered to be surrendered as herein provided; and the Board of
Election Commissioners shall safely keep such poll books under lock and key
for one year.
Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 76-1309.)
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10 ILCS 5/18-18
(10 ILCS 5/18-18) (from Ch. 46, par. 18-18)
Sec. 18-18.
The costs and expenses of emergency referenda elections or
special elections conducted by boards
of election commissioners shall be paid as provided in
Sections 17-30 and 17-32 of this Code.
(Source: P.A. 81-814.)
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10 ILCS 5/18-40
(10 ILCS 5/18-40)
Sec. 18-40. Voting
equipment.
(a) If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 18, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(b) Notwithstanding subsection (a), when voting equipment governed by any Article of this Code is used, the requirements of Section 18-5 that (i) the voter must be notified of the voting equipment's acceptance or rejection of the ballot or identification of an under-vote for a statewide constitutional office and (ii) the voter shall have the opportunity to correct an under-vote for a statewide constitutional office or surrender the ballot that was not accepted and vote another ballot shall not be modified.
(Source: P.A. 95-699, eff. 11-9-07.)
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10 ILCS 5/18-100
(10 ILCS 5/18-100)
Sec. 18-100. Definition of a vote.
(a) Notwithstanding any law to the contrary, for the purpose of this
Article, a person casts a valid vote on a punch card ballot when:
(1) A chad on the card has at least one corner | |
(2) The fibers of paper on at least one edge of the
| | chad are broken in a way that permits unimpeded light to be seen through the card; or
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(3) An indentation on the chad from the stylus or
| | other object is present and indicates a clearly ascertainable intent of the voter to vote based on the totality of the circumstances, including but not limited to any pattern or frequency of indentations on other ballot positions from the same ballot card.
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(b) Write-in votes shall be counted in a manner consistent with the existing
provisions of this Code.
(c) For purposes of this Section, a "chad" is that portion of a ballot card
that a voter punches or perforates with a stylus or other designated marking
device to manifest his or her vote for a particular ballot position on a ballot
card as defined in subsection (a).
(d) Prior to the original counting of any punch card ballots, an election judge may not alter a punch card ballot in any manner, including, but not limited to, the removal or manipulation of chads.
(Source: P.A. 94-645, eff. 8-22-05.)
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10 ILCS 5/Art. 18A
(10 ILCS 5/Art. 18A heading)
ARTICLE 18A
PROVISIONAL VOTING
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10 ILCS 5/18A-2
(10 ILCS 5/18A-2)
Sec. 18A-2.
Application of Article.
In addition to and notwithstanding any
other law to the contrary, the procedures in this Article shall govern
provisional voting.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/18A-5
(10 ILCS 5/18A-5)
Sec. 18A-5. Provisional voting; general provisions.
(a) A person who claims to be a registered voter is entitled to cast a
provisional ballot under the following circumstances:
(1) The person's name does not appear on the official | | list of eligible voters for the precinct in which the person seeks to vote and the person has refused an opportunity to register at the polling location or another grace period registration site. The official list is the centralized statewide voter registration list established and maintained in accordance with Section 1A-25;
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(2) The person's voting status has been challenged by
| | an election judge, a pollwatcher, or any legal voter and that challenge has been sustained by a majority of the election judges;
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(3) A federal or State court order extends the time
| | for closing the polls beyond the time period established by State law and the person votes during the extended time period;
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(4) The voter registered to vote by mail and is
| | required by law to present identification when voting either in person or by early voting ballot, but fails to do so;
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| (5) The voter's name appears on the list of voters
| | who voted during the early voting period, but the voter claims not to have voted during the early voting period;
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| (6) The voter received a vote by mail ballot but did
| | not return the vote by mail ballot to the election authority; or
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| (7) The voter attempted to register to vote on
| | election day, but failed to provide the necessary documentation.
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| (b) The procedure for obtaining and casting a provisional ballot at the
polling place
shall be as follows:
(1) After first verifying through an examination of
| | the precinct register that the person's address is within the precinct boundaries, an election judge at the polling place shall notify a person who is entitled to cast a provisional ballot pursuant to subsection (a) that he or she may cast a provisional ballot in that election. An election judge must accept any information provided by a person who casts a provisional ballot that the person believes supports his or her claim that he or she is a duly registered voter and qualified to vote in the election. However, if the person's residence address is outside the precinct boundaries, the election judge shall inform the person of that fact, give the person the appropriate telephone number of the election authority in order to locate the polling place assigned to serve that address, and instruct the person to go to the proper polling place to vote.
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(2) The person shall execute a written form provided
| | by the election judge that shall state or contain all of the following that is available:
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(i) an affidavit stating the following:
State of Illinois, County of
| | ................, Township ............., Precinct ........, Ward ........, I, ......................., do solemnly swear (or affirm) that: I am a citizen of the United States; I am 18 years of age or older; I have resided in this State and in this precinct for 30 days preceding this election; I have not voted in this election; I am a duly registered voter in every respect; and I am eligible to vote in this election. Signature ...... Printed Name of Voter ....... Printed Residence Address of Voter ...... City ...... State .... Zip Code ..... Telephone Number ...... Date of Birth ....... and Illinois Driver's License Number ....... or Last 4 digits of Social Security Number ...... or State Identification Card Number issued to you by the Illinois Secretary of State ........
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(ii) A box for the election judge to check one of
| | the reasons why the person was given a provisional ballot under subsection (a) of this Section.
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(iii) An area for the election judge to affix his
| | or her signature and to set forth any facts that support or oppose the allegation that the person is not qualified to vote in the precinct in which the person is seeking to vote.
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The written affidavit form described in this
| | subsection (b)(2) must be printed on a multi-part form prescribed by the county clerk or board of election commissioners, as the case may be.
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(3) After the person executes the portion of the
| | written affidavit described in subsection (b)(2)(i) of this Section, the election judge shall complete the portion of the written affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
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(4) The election judge shall give a copy of the
| | completed written affidavit to the person. The election judge shall place the original written affidavit in a self-adhesive clear plastic packing list envelope that must be attached to a separate envelope marked as a "provisional ballot envelope". The election judge shall also place any information provided by the person who casts a provisional ballot in the clear plastic packing list envelope. Each county clerk or board of election commissioners, as the case may be, must design, obtain or procure self-adhesive clear plastic packing list envelopes and provisional ballot envelopes that are suitable for implementing this subsection (b)(4) of this Section.
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(5) The election judge shall provide the person with
| | a provisional ballot, written instructions for casting a provisional ballot, and the provisional ballot envelope with the clear plastic packing list envelope affixed to it, which contains the person's original written affidavit and, if any, information provided by the provisional voter to support his or her claim that he or she is a duly registered voter. An election judge must also give the person written information that states that any person who casts a provisional ballot shall be able to ascertain, pursuant to guidelines established by the State Board of Elections, whether the provisional vote was counted in the official canvass of votes for that election and, if the provisional vote was not counted, the reason that the vote was not counted.
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(6) After the person has completed marking his or her
| | provisional ballot, he or she shall place the marked ballot inside of the provisional ballot envelope, close and seal the envelope, and return the envelope to an election judge, who shall then deposit the sealed provisional ballot envelope into a securable container separately identified and utilized for containing sealed provisional ballot envelopes. Ballots that are provisional because they are cast after 7:00 p.m. by court order shall be kept separate from other provisional ballots. Upon the closing of the polls, the securable container shall be sealed with filament tape provided for that purpose, which shall be wrapped around the box lengthwise and crosswise, at least twice each way, and each of the election judges shall sign the seal.
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(c) Instead of the affidavit form described in subsection (b), the county
clerk or board of election commissioners, as the case may be, may design and
use a multi-part affidavit form that is imprinted upon or attached to the
provisional ballot envelope described in subsection (b). If a county clerk or
board of election commissioners elects to design and use its own multi-part
affidavit form, then the county clerk or board of election commissioners shall
establish a mechanism for accepting any information the provisional voter has
supplied to the election judge to support his or her claim that he or she is a
duly registered voter. In all other respects, a county clerk or board of
election commissioners shall establish procedures consistent with subsection
(b).
(d) The county clerk or board of election commissioners, as the case may be,
shall use the completed affidavit form described in subsection (b) to update
the person's voter registration information in the State voter registration
database and voter registration database of the county clerk or board of
election commissioners, as the case may be. If a person is later determined not
to be a registered voter based on Section 18A-15 of this Code, then the
affidavit shall be processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration application.
(Source: P.A. 100-201, eff. 8-18-17.)
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