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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/19A-25.5 (10 ILCS 5/19A-25.5)
Sec. 19A-25.5. Voting machines, automatic tabulating equipment, and
precinct
tabulation optical scan technology voting equipment.
(a) In all jurisdictions in which voting machines are used, the provisions
of this Code that are not inconsistent with this Article relating to the
furnishing of ballot boxes, printing and furnishing ballots and supplies, the
canvassing of ballots, and the making of returns, apply with full force and
effect to the extent necessary to make this Article effective, provided that
the number of ballots to be printed shall be in the discretion of the election
authority, and provided further that early ballots shall not be counted until after the polls are closed on election day.
(b) If the election authority has adopted the use of automatic tabulating
equipment under Article 24A of this Code, and the provisions of that Article
are in conflict with the
provisions of this Article 19A, the provisions of Article 24A shall govern the
procedures followed by the election authority, its judges of election, and all
employees and agents; provided that early ballots shall be counted at the election authority's central ballot counting location and shall not be counted until after the polls are closed on election day.
(c) If the election authority has adopted the use of tabulation
optical scan technology voting equipment under Article 24B of this Code, and
the provisions of that Article are in conflict with the provisions of this
Article 19A, the provisions of Article 24B shall govern the procedures followed
by the election authority, its judges of election, and all employees and
agents; provided that early ballots shall be counted at the election authority's central ballot counting location and shall not be counted until after the polls are closed on election day.
(d) If the election authority has adopted the use of Direct Recording Electronic Voting Systems under Article 24C of this Code, and the provisions of that Article are in conflict with the provisions of this Article 19A, the provisions of Article 24C shall govern the procedures followed by the election authority, its judges of election, and all employees and agents; provided that early ballots shall be counted at the election authority's central ballot counting location and
shall not be counted until after the polls are closed on election day.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.) |
10 ILCS 5/19A-30 (10 ILCS 5/19A-30)
Sec. 19A-30. Persons conducting early voting.
(a) The election authority (i) must use election judges to conduct early voting at an early voting polling place or (ii) must appoint an employee or, if appropriate, designate a municipal clerk, township clerk, or road district clerk to serve as the election
official in charge of a polling place for early voting.
(b) If the election authority uses an employee or designates a municipal, township, or road district clerk under subsection (a), then the election authority may also appoint as many additional election
officials as it deems necessary for the proper conduct of the election.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/19A-35 (10 ILCS 5/19A-35)
Sec. 19A-35. Procedure for voting.
(a) Not more than 23 days before the start of the election, the county clerk
shall make available to the election official conducting early voting by
personal
appearance a sufficient number of early ballots, envelopes, and printed voting
instruction slips for the use of early voters. The election official shall
receipt for all ballots received and shall return unused or spoiled ballots at
the close of the early voting period to the county clerk and must strictly
account for all ballots received. The ballots delivered to the election
official must include early ballots for each precinct in the election
authority's jurisdiction and must include separate ballots for each political
subdivision conducting an election of officers or a referendum at that
election.
(b) In conducting early voting under this Article, the election judge or official is
required to verify the signature of the early voter by comparison with the
signature on the
official registration card, and the judge or official must verify (i) that the applicant is a registered voter, (ii) the
precinct in which the applicant is registered, and (iii) the proper ballots of
the political subdivision in which the applicant resides and is entitled to
vote before providing an early ballot to the applicant. The election judge or official
must verify the applicant's registration from the most recent poll list
provided by the
election authority, and if the applicant is not listed on that poll list, by
telephoning the office of the election authority.
(b-5) A person requesting an early voting ballot to whom a vote by mail ballot was issued may vote early if the person submits that vote by mail ballot to the judges of election or official conducting early voting 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 judges or official (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 judges or official 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. (b-10) Within one day after a voter casts an early voting ballot, the election authority shall transmit the voter's name, street address, and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections, which shall maintain those names and that information in an electronic format on its website, arranged by county and accessible to State and local political committees. (b-15) Immediately after voting an early ballot, the voter shall be instructed whether the voting equipment accepted or rejected the ballot or identified that ballot as under-voted for a statewide constitutional office. A voter whose ballot is identified as under-voted may return to the voting booth and complete the voting of that ballot. A voter whose early voting ballot is not accepted by the voting equipment may, upon surrendering the ballot, request and vote another early voting ballot. The voter's surrendered ballot
shall be initialed by the election judge or official conducting the early voting and handled as provided in the appropriate
Article governing the voting equipment used.
(c) The sealed early ballots in their carrier envelope shall be delivered by
the election authority to the central ballot counting location before the close of the
polls on the day of the election.
(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .) |
10 ILCS 5/19A-40 (10 ILCS 5/19A-40)
Sec. 19A-40. Enclosure of ballots in envelope. It is the duty of the election judge or official to fold the
ballot or ballots in the manner specified by the statute for folding
ballots prior to their deposit in the ballot box, and to enclose the
ballot or ballots in an envelope unsealed to be furnished by him or her, which
envelope shall bear upon the face thereof the name, official title, and
post office address of the election authority, and upon the other side
a printed certification in substantially the
following form:
I state that I am a resident of the .... precinct of the (1)
*township of .... (2) *City of .... or (3) *.... ward in the city of
.... residing at .... in that city or town in the county of .... and
State of Illinois, that I have lived at that address for .... months
last past; that I am lawfully entitled to vote in that precinct at the
.... election to be held on .... .
*fill in either (1), (2) or (3).
I further state that I personally marked the enclosed ballot in secret.
Under penalties of perjury as provided by law pursuant to Section 29-10
of the Election Code, the undersigned certifies that the statements set
forth in this certification are true and correct.
.......................
If the ballot enclosed is to be voted at a primary
election, the certification shall designate the name of the political
party with which the voter is affiliated.
In addition to the above, the election authority shall provide
printed slips giving full instructions regarding the manner of marking
and returning the ballot in order that the same may be counted, and
shall furnish one of the printed slips to each of such applicants at
the same time the ballot is delivered to him or her.
The instructions shall include the following statement: "In signing the
certification on the early ballot envelope, you are attesting that you
personally marked this early ballot in secret.
If you are physically unable to mark the ballot, a friend or relative may
assist you. Federal and State laws prohibit your employer, your employer's
agent, or an officer or agent of your union from assisting voters with physical disabilities."
In addition to the above, if a ballot to be provided to a voter
pursuant to this Section contains a public question described in subsection
(b) of Section 28-6 and the territory concerning which the question is
to be submitted is not described on the ballot due to the space limitations
of the ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a description of the
territory in the manner required by Section 16-7. The notice shall be
furnished to the voter at the same time the ballot is delivered to the
voter.
(Source: P.A. 99-143, eff. 7-27-15.) |
10 ILCS 5/19A-45 (10 ILCS 5/19A-45)
Sec. 19A-45. Certification. The voter shall make and subscribe the
certification provided for on the return envelope of the ballot, and the ballot
or ballots shall be folded by the voter in the manner required to be folded
before
depositing the ballot in the ballot box, and shall be deposited in the envelope
and the envelope securely sealed. The voter shall then endorse his or her
certificate on the back of the envelope and the envelope shall be returned to
the election judge or official conducting the early voting.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/19A-50 (10 ILCS 5/19A-50)
Sec. 19A-50. Receipt of ballots. Upon receipt of the voter's ballot, the
election judge or official shall enclose the unopened ballot in a large or carrier
envelope that shall be securely sealed and endorsed with the name and official
title of the election judge or official and the words, "This envelope contains a ballot
and must be opened on election day", together with the number and description
of the precinct in which the ballot is to be voted, and the election authority
shall safely keep the envelope in its office until delivered to the central ballot counting location. The ballots determined to be valid shall be added to the vote totals for the precincts for which they were cast in the order in which the ballots were opened.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.) |
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