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Illinois Compiled Statutes
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ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/Art. 24B
(10 ILCS 5/Art. 24B heading)
ARTICLE 24B.
ELECTRONIC, MECHANICAL OR
ELECTRIC VOTING SYSTEMS WITH
PRECINCT TABULATION OPTICAL SCAN
TECHNOLOGY CAPABILITY
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10 ILCS 5/24B-1
(10 ILCS 5/24B-1)
Sec. 24B-1.
Purpose.
The purpose of this Article is to
authorize the use of Precinct Tabulation Optical Scan Technology
voting systems approved by the State Board of Elections. In
using Precinct Tabulation Optical Scan Technology, the voters or precinct
judges record votes by means of inserting marked ballots in
scanning and tabulating machines, which machines have voting defect
identification capability, and are so designed that ballots will be counted by
such machines at one or
more counting places. This Article does not apply to voting systems without
voting defect identification technology capability. This Article authorizes
the use of Precinct Tabulation
Optical Scan Technology voting systems for both central counting and
in-precinct counting applications.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-2
(10 ILCS 5/24B-2)
Sec. 24B-2.
Definitions.
As used in this Article:
"Computer", "automatic tabulating equipment" or "equipment"
includes apparatus necessary to automatically examine and count
votes as designated on ballots, and data processing machines
which can be used for counting ballots and tabulating results.
"Ballot" means paper ballot sheets.
"Ballot configuration" means the particular combination of
political subdivision ballots including, for each political
subdivision, the particular combination of offices, candidate
names and questions as it appears for each group of voters who
may cast the same ballot.
"Ballot sheet" means a paper ballot printed on one or both
sides which is (1) designed and prepared so that the voter may
indicate his or her votes in designated areas, which must be
areas clearly printed or otherwise delineated for such purpose,
and (2) capable of having votes marked in the designated areas
automatically examined, counted, and tabulated by an electronic
scanning process.
"Central counting" means the counting of ballots in one or
more locations selected by the election authority for the
processing or counting, or both, of ballots. A location for
central counting shall be within the territorial jurisdiction of
the election authority unless there is no suitable tabulating
equipment available within his territorial jurisdiction.
However, in any event a counting location shall be within this
State.
"Computer operator" means any person or persons designated
by the election authority to operate the automatic tabulating
equipment during any portion of the vote tallying process in an
election, but shall not include judges of election operating vote
tabulating equipment in the precinct.
"Computer program" or "program" means the set of operating
instructions for the automatic tabulating equipment that
examines, counts, tabulates, canvasses and prints votes recorded
by a voter on a ballot.
"Edit listing" means a computer generated listing of the
names of each candidate and proposition as they appear in the
program for each precinct.
"Header sheet" means a data processing document which is
coded to indicate to the computer the precinct identity of the
ballots that will follow immediately and may indicate to the
computer how such ballots are to be tabulated.
"In-precinct counting" means the counting of ballots on
automatic tabulating equipment provided by the election authority
in the same precinct polling place in which those ballots have
been cast.
"Marking device" means a pen, computer, or other device approved by
the State Board of Elections for marking, or causing to be marked, a paper
ballot with ink
or other substance which will enable the ballot to be tabulated
by automatic tabulating equipment or by an electronic
scanning process.
"Precinct Tabulation Optical Scan Technology" means the
capability to examine a ballot through electronic means and
tabulate the votes at one or more counting places.
"Redundant count" means a verification of the original
computer count by another count using compatible equipment or by
hand as part of a discovery recount.
"Security designation" means a printed designation placed on
a ballot to identify to the computer program the offices and
propositions for which votes may be cast and to indicate the
manner in which votes cast should be tabulated while negating any
inadmissible votes.
"Separate ballot", with respect to ballot sheets, means a
separate portion of the ballot sheet which is clearly defined by
a border or borders or shading.
"Specimen ballot" means a representation of names of offices and candidates
and statements of measures to be voted on which will appear on the official
ballot or marking device on election day. The specimen ballot also contains the
party and position number where applicable.
"Voting defect identification" means the capability to
detect overvoted ballots or ballots which cannot be read by the automatic
tabulating equipment.
"Voting defects" means an overvoted ballot, or a ballot
which cannot be read by the automatic tabulating equipment.
"Voting system" or "electronic voting system" means that
combination of equipment and programs used in the casting,
examination and tabulation of ballots and the cumulation and
reporting of results by electronic means.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24B-3
(10 ILCS 5/24B-3)
Sec. 24B-3.
Adoption, experimentation or abandonment of
Precinct Tabulation Optical Scan Technology system; Boundaries of
precincts; Notice. Except as otherwise provided in this Section,
any county board, board of county commissioners and any board of
election commissioners, with respect to territory within its
jurisdiction, may adopt, experiment with, or abandon a Precinct
Tabulation Optical Scan Technology voting system approved for use
by the State Board of Elections and may use the Precinct
Tabulation Optical Scan Technology voting system in all or some
of the precincts within its jurisdiction, or in combination with
paper ballots or voting machines. Any county board, board
of county commissioners or board of election commissioners may
contract for the tabulation of votes at a location outside its
territorial jurisdiction when there is no suitable tabulating
equipment available within its territorial jurisdiction. In no
case may a county board, board of county commissioners or board
of election commissioners contract or arrange for the purchase,
lease or loan of an electronic Precinct Tabulation Optical Scan
Technology voting system or Precinct Tabulation Optical Scan
Technology voting system component without the approval of the
State Board of Elections as provided by Section 24B-16. However,
the county board and board of county commissioners of each county
having a population of 40,000 or more, with respect to all
elections for which the county board or the county clerk is
charged with the duty of providing materials and supplies, and
each board of election commissioners in a municipality having a
population of 40,000 or more, with respect to elections under its
jurisdiction, must provide either Precinct Tabulation Optical
Scan Technology voting systems approved for use by the State
Board of Elections under this Article or voting systems under
Article 24A or Article 24 for each precinct for all such
elections except as provided in Section 24-1.2. For purposes of
this Section 24B-3, the term "population" does not include
persons prohibited from voting by Section 3-5 of this Code.
Before any such Precinct Tabulation Optical Scan Technology
system is introduced, adopted or used in any precinct or
territory at least 2 months public notice must be given before
the date of the first election where the Precinct Tabulation
Optical Scan Technology voting system is to be used. The
election authority shall publish the notice at least once in one
or more newspapers published within the county, or other
jurisdiction, where the election is held.
If there is no such newspaper, the notice shall be published in a
newspaper published in the county and having a general
circulation within such jurisdiction. The notice shall be
substantially as follows:
Notice is hereby given that on (give date),
at (give place where election is held) in the county
of ...., an election will be held for (give name of offices to
be filled) at which a Precinct Tabulation Optical Scan
Technology electronic voting system will be used.
Dated at.... on (insert date).
This notice referred to shall be given only at the
first election at which the Precinct Tabulation Optical Scan
Technology voting machines or Precinct Tabulation Optical Scan
Technology voting systems are used.
(Source: P.A. 91-357, eff. 7-29-99.)
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10 ILCS 5/24B-3.1
(10 ILCS 5/24B-3.1)
Sec. 24B-3.1.
Retention or consolidation or alteration of
existing precincts; Change of location. When a Precinct
Tabulation Optical Scan Technology electronic voting system is
used, the county board or board of election commissioners may
retain existing precincts or may consolidate, combine, alter,
decrease or enlarge the boundaries of the precincts to
change the number of registered voters of the precincts using the
electronic Precinct Tabulation Optical Scan Technology voting
system, establishing the number of registered voters within each
precinct at a number not to exceed 800 as the appropriate
county board or board of election commissioners determines will
afford adequate voting facilities and efficient and economical
elections.
Except in the event of a fire, flood or total loss of heat
in a place fixed or established pursuant to law by any county
board or board of election commissioners as a polling place for
an election, no election authority shall change the location of a
polling place established for any precinct after notice of the
place of holding the election for that precinct has been given as
required under Article 12 unless the election authority notifies
all registered voters in the precinct of the change in location
by first class mail in sufficient time for the notice to be
received by the registered voters in the precinct at least one
day prior to the date of the election.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-4
(10 ILCS 5/24B-4)
Sec. 24B-4.
Use of Precinct Tabulation Optical Scan Technology
System; Requisites; Applicable procedure. Precinct Tabulation
Optical Scan Technology voting systems may be used in elections
provided that the Precinct Tabulation Optical Scan Technology
systems enable the voter to cast a vote for all offices and on
all measures on which he or she is entitled to vote, and that the
automatic Precinct Tabulation Optical Scan Technology tabulating
equipment may be set to return any ballot sheet on which the number of votes
for an office or proposition exceeds the number of votes which the voter is
entitled to cast, or any ballot sheet which cannot be read by the automatic
tabulating equipment, and provided that such
systems are approved for use by the State Board of Elections.
So far as applicable, the procedure provided for voting
paper ballots shall apply when Precinct Tabulation Optical Scan
Technology electronic voting systems are used. However, the
provisions of this Article 24B will govern when there are
conflicts.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-5
(10 ILCS 5/24B-5)
Sec. 24B-5.
Voting Booths.
In precincts where an electronic
Precinct Tabulation Optical Scan Technology voting system is
used, a sufficient number of voting booths shall be provided for
the use of the systems according to the requirements determined
by the State Board of Elections, and the booths shall be arranged
in the same manner as provided for use with paper ballots. Each
booth shall be placed so that the entrance to each booth
faces a wall in a manner that no judge of election or
pollwatcher is able to observe a voter casting a ballot.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-5.1
(10 ILCS 5/24B-5.1)
Sec. 24B-5.1.
Instruction of Voters; Instruction
Model; Partiality to Political Party; Manner of Instruction.
Before entering the voting booth each voter shall be offered
instruction in the marking of the Precinct Tabulation Optical
Scan Technology ballot sheet. In instructing voters, no precinct
official may show partiality to any political party. The duties of
instruction shall be discharged by a judge from each of the
political parties represented and they shall alternate serving as
instructor so that each judge shall serve a like time at such
duties. No instructions may be given after the voter has entered
the voting booth.
No precinct official, or person assisting a voter may in any
manner request, suggest, or seek to persuade or induce any voter
to cast his or her vote for any particular ticket, candidate, amendment,
question or proposition. All instructions shall be given by
precinct officials in a manner that it may be observed by
other persons in the polling place.
(Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
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10 ILCS 5/24B-5.2
(10 ILCS 5/24B-5.2)
Sec. 24B-5.2.
Demonstrator Precinct Tabulation Optical Scan
Technology Electronic Voting System; Placement in Public Library.
When an electronic Precinct Tabulation Optical Scan Technology
voting system is used in a forthcoming election, the election
authority may provide, for the purpose of instructing voters in
the election, one demonstrator electronic Precinct Tabulation
Optical Scan Technology voting system for placement in any public
library within the political subdivision where the election
occurs. If the placement of a demonstrator takes place it shall
be made available at least 30 days before the election.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-6 (10 ILCS 5/24B-6) Sec. 24B-6. Ballot Information; Arrangement; Electronic Precinct
Tabulation Optical Scan Technology Voting System; Vote by Mail
Ballots; Spoiled Ballots. The ballot information, shall, as far
as practicable, be in the order of arrangement provided for paper
ballots, except that the information may be in vertical or
horizontal rows, or on a number of separate pages or displays on the marking
device. Ballots for
all questions or propositions to be voted on should be provided
in a similar manner and must be arranged on the ballot sheet or marking
device in
the places provided for such purposes. Ballots shall be of white
paper unless provided otherwise by administrative rule of the State Board of
Elections or otherwise specified. All propositions, including but not limited to propositions
calling for a constitutional convention, constitutional
amendment, judicial retention, and public measures to be voted
upon shall be placed on separate portions of the ballot sheet or marking
device by
utilizing borders or grey screens. Candidates shall be listed on
a separate portion of the ballot sheet or marking device by utilizing
borders or
grey screens. Whenever a person has submitted a declaration of intent to be a write-in candidate as required in Sections 17-16.1 and 18-9.1,
a line or lines on which the voter
may select a
write-in candidate shall be printed below the name of the last candidate nominated for such office. Such line or lines shall be proximate to an area provided for marking
votes for the write-in candidate or
candidates. The number of write-in lines for an office shall equal the number
of persons who have filed declarations of intent to be write-in candidates plus an additional line or lines for write-in candidates who qualify to file declarations to be write-in candidates under Sections 17-16.1 and 18-9.1 when the certification of ballot contains the words "OBJECTION PENDING" next to the name of that candidate, up to the number of
candidates
for which a voter may vote. In the case of write-in lines for the offices of Governor and Lieutenant Governor, 2 lines shall be printed within a bracket and a single square shall be printed in front of the bracket. More than one amendment to the constitution may be
placed on the
same portion of the ballot sheet or marking device.
Constitutional convention or constitutional amendment
propositions shall be printed or displayed on a separate portion of the
ballot
sheet or marking device and designated by borders or grey screens, unless
otherwise
provided by administrative rule of the State Board of Elections.
More than one public measure or proposition may be placed on the
same portion of the ballot sheet or marking device. More than
one proposition for retention of judges in office may be placed
on the same portion of the ballot sheet or marking device.
Names of candidates shall be printed in black. The party
affiliation of each candidate or the word "independent" shall
appear near or under the candidate's name, and the names of
candidates for the same office shall be listed vertically under
the title of that office, on separate pages of the marking device, or as
otherwise approved by the State Board of Elections. If no candidate or candidates file for an office and if no person or persons file a declaration as a write-in candidate for that office, then below the title of that office the election authority instead shall print "No Candidate". In the case of
nonpartisan elections
for officers of political subdivisions, unless the statute or an
ordinance adopted pursuant to Article VII of the Constitution
requires otherwise, the listing of nonpartisan candidates
shall not include any party or "independent" designation.
Judicial retention
questions and ballot questions for all public measures and other propositions
shall be designated by borders or grey screens on the ballot or marking
device.
In primary
elections, a separate ballot, or displays on the marking device, shall be
used for each political
party holding a primary, with the ballot or marking device arranged to
include
names of the candidates of the party and public measures and
other propositions to be voted upon on the day of the primary
election. If the ballot includes both candidates for office and public
measures or propositions to be voted on, the election official in
charge of the election shall divide the ballot or displays on the marking
device in sections for
"Candidates" and "Propositions", or separate ballots may be used. Vote by Mail ballots may consist of envelopes, paper ballots, or
ballot sheets. Where a
Precinct Tabulation Optical Scan Technology ballot is used for
voting by mail it must be accompanied by voter instructions. Any voter who spoils his or her ballot, makes an error, or has a ballot
returned by the automatic tabulating equipment may return
the ballot to the judges of election and get another ballot. (Source: P.A. 98-1171, eff. 6-1-15 .) |
10 ILCS 5/24B-6.1
(10 ILCS 5/24B-6.1)
Sec. 24B-6.1.
Ballots; Security Designation; Header
Cards; Precinct Programs. In all elections conducted under
this Article, ballots shall have a security designation. In
precincts where more than one ballot configuration may be voted
upon, ballots shall have a different security designation for
each ballot configuration. If a precinct has only one possible
ballot configuration, the ballots must have a security
designation to identify the election. Where ballots from more
than one precinct are being tabulated, the ballots from each
precinct must be clearly identified; official results shall not be
generated unless the precinct identification for any precinct
corresponds. When the tabulating equipment being used requires
entering the program immediately before tabulating the ballots
for each precinct, the precinct program may be used.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-6.2 (10 ILCS 5/24B-6.2) Sec. 24B-6.2. Programming of automatic tabulating equipment. Beginning with the 2014 general election and all primary, consolidated, general, and special elections thereafter, automatic tabulating equipment authorized by this Section and programmed for a primary, consolidated, general, or special election conducted pursuant to general election law shall be programmed using the unique race and candidate ID numbers assigned by the State Board of Elections. The unique race and candidate ID numbers will be provided to the county clerk or election authority, as the case may be, with the candidate certification prepared by the State Board of Elections. In addition, any new voting system approved by the State after the 2014 general election shall have the capability to export the election results by ballot style and group them by precinct in an electronic format prescribed by the State Board of Elections.
(Source: P.A. 98-115, eff. 7-29-13.) |
10 ILCS 5/24B-7
(10 ILCS 5/24B-7)
Sec. 24B-7.
Separate Write-In Ballots.
Election authorities
utilizing Precinct Tabulation Optical Scan Technology shall not use
separate write-in ballots. All write-in votes are to be cast on
the ballot sheet.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-8
(10 ILCS 5/24B-8)
Sec. 24B-8.
Preparation for Use; Comparison of Ballots; Operational Checks
of Automatic Precinct Tabulation Optical Scan
Technology Tabulating Equipment; Pollwatchers. The county clerk
or board of election commissioners shall
cause the approved marking devices to be delivered to the polling
places. Before the opening of the polls the judges of election
shall compare the ballots or displays on the marking device used with the
specimen ballots
furnished and see that the names, numbers and letters thereon
agree and shall certify thereto on forms provided by the county
clerk or board of election commissioners.
In addition, in those polling places where in-precinct
Precinct Tabulation Optical Scan Technology counting equipment is
utilized, the judges of election shall make an operational check
of the automatic Precinct Tabulation Optical Scan Technology
tabulating equipment before the opening of the polls. The judges
of election shall ensure that the totals are all zeroes in the
count column on the Precinct Tabulation Optical Scan Technology
unit.
Pollwatchers as provided by law shall be permitted to
closely observe the judges in these procedures and to
periodically inspect the Precinct Tabulation Optical Scan
Technology equipment when not in use by the voters.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24B-9
(10 ILCS 5/24B-9)
Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
Technology Equipment and Program; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the election
authority shall conduct an errorless pre-test of the automatic
Precinct Tabulation Optical Scan Technology tabulating equipment
and program and marking device to determine that they will correctly detect
Voting
Defects and count the votes cast for all offices and all
measures. On any day not less than 5 days prior to the election
day, the election authority shall publicly test the automatic
Precinct Tabulation Optical Scan Technology tabulating equipment
and program to determine that they will correctly detect Voting
Defects and count the votes cast for all offices and on all
measures. Public notice of the time and place of the test shall
be given at least 48 hours before the test by publishing the notice in
one or more newspapers within the election jurisdiction
of the election authority, if a newspaper is published in that jurisdiction.
If a newspaper is not published in that jurisdiction, notice shall be published
in a newspaper of general circulation in that jurisdiction. Timely
written notice stating the date, time, and location of the public
test shall also be provided to the State Board of Elections. The
test shall be open to representatives of the political parties,
the press, representatives of the State Board of Elections, and
the public. The test shall be conducted by processing a
preaudited group of ballots marked to record a
predetermined number of valid votes for each candidate and on
each measure, and shall include for each office one or more
ballots having votes exceeding the number allowed by law
to test the ability of the automatic tabulating
equipment or marking device to reject the votes. The test shall also
include
producing an edit listing. In those election jurisdictions
where in-precinct counting equipment is used, a public test
of both the equipment and program shall be conducted as nearly
as possible in the manner prescribed above. The State Board of
Elections may select as many election jurisdictions as the Board
deems advisable in the interests of the election process of this
State, to order a special test of the automatic
tabulating equipment and program before any regular election.
The Board may order a special test in any election jurisdiction
where, during the preceding 12 months, computer programming
errors or other errors in the use of electronic voting systems
resulted in vote tabulation errors. Not
less than 30 days before any election, the State Board of
Elections shall provide written notice to those selected
jurisdictions of their intent to conduct a test. Within 5 days
of receipt of the State Board of Elections' written notice of
intent to conduct a test, the selected jurisdictions shall
forward to the principal office of the State Board of Elections a
copy of all specimen ballots. The State Board of Elections'
tests shall be conducted and completed not less than 2 days before
the public test and under the supervision of the Board. The vendor, person, or other private entity shall be solely responsible for the production and cost of: all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software. After an
errorless test, materials used in the public test, including the
program, if appropriate, shall be sealed and remain sealed until the
test is run again on election day. If any error is detected, the
cause of the error shall be determined and corrected, and an
errorless public test shall be made before the automatic
tabulating equipment is approved. Each election authority shall
file a sealed copy of each tested program to be used within its
jurisdiction at an election with the State Board of Elections
before the election. The Board shall secure the program or
programs of each election jurisdiction so filed in its office until the next election of the same type (general primary, general election, consolidated primary, or consolidated election) for which the program or programs were filed. At the expiration of that time, if no election
contest or appeal is pending in an election
jurisdiction, the Board shall destroy the sealed program or
programs. Except
where in-precinct counting equipment is used, the test shall
be repeated immediately before the start of the official counting
of the ballots, in the same manner as set forth above. After the
completion of the count, the test shall be re-run using the same
program. Immediately after the re-run, all material
used in testing the program and the programs shall be sealed
and retained under the custody of the election authority for a
period of 60 days. At the expiration of that time the election
authority shall destroy the voted ballots, together with all
unused ballots returned from the precincts. Provided, if any
contest of election is pending at the time in which the ballots
may be required as evidence and the election authority has
notice of the contest, the same shall not be destroyed until after the
contest is finally determined. If the use of back-up equipment
becomes necessary, the same testing required for the original
equipment shall be conducted.
(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
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