State of Illinois
91st General Assembly
Legislation

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91_HB1841eng

 
HB1841 Engrossed                               LRB9103030MWgc

 1        AN ACT to amend the Election Code  by  changing  Sections
 2    24A-2,  24A-5,  24A-5.1, 24A-5.2, 24A-6, 24A-7, 24A-8, 24A-9,
 3    24A-9.1, 24A-10.1, 24A-15.01, and 24A-15.1.

 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6        Section  5.   The  Election  Code  is amended by changing
 7    Sections 24A-2, 24A-5, 24A-5.1, 24A-5.2, 24A-6, 24A-7, 24A-8,
 8    24A-9, 24A-9.1, 24A-10.1, 24A-15.01, and 24A-15.1 as follows:

 9        (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
10        Sec.  24A-2.   As  used  in  this  Article:   "Computer",
11    "Automatic  tabulating  equipment"  or  "equipment"  includes
12    apparatus  necessary to automatically examine and count votes
13    as designated on ballots, and data processing machines  which
14    can be used for counting ballots and tabulating results.
15        "Ballot  card"  means  a  ballot  which  is  voted by the
16    process of punching.
17        "Ballot configuration" means the  particular  combination
18    of   political   subdivision   ballots  including,  for  each
19    political subdivision, the particular combination of offices,
20    candidate  names  and  ballot  position  numbers   for   each
21    candidate and question as it appears for each group of voters
22    who may cast the same ballot.
23        "Ballot  labels"  means the cards, papers, booklet, pages
24    or other  material  containing  the  names  of  officers  and
25    candidates and statements of measures to be voted on.
26        "Ballot  sheet"  means  a  paper ballot printed on one or
27    both sides which is (1) designed and  prepared  so  that  the
28    voter  may  indicate  his  or  her votes in designated areas,
29    which must be enclosed areas  clearly  printed  or  otherwise
30    delineated  for such purpose, and (2) capable of having votes
31    marked  in  the  designated  areas  automatically   examined,
 
HB1841 Engrossed            -2-                LRB9103030MWgc
 1    counted, and tabulated by an electronic scanning process.
 2        "Ballot"  may  include  ballot  cards,  ballot labels and
 3    paper ballots and electronic ballot forms.
 4        "Separate ballot", with respect to ballot sheets, means a
 5    separate portion of the ballot sheet in which  the  color  of
 6    the  ink used in printing that portion of the ballot sheet is
 7    distinct from the color of the ink used in printing any other
 8    portion of the ballot sheet.
 9        "Column" in an electronic voting system which utilizes  a
10    ballot  card  means a space on a ballot card for punching the
11    voter's vote arranged in a  row  running  lengthwise  on  the
12    ballot card.
13        "Central  Counting"  means the counting of ballots in one
14    or more locations selected by the election authority for  the
15    processing  or  counting, or both, of ballots. A location for
16    central counting shall be within the territorial jurisdiction
17    of such  election  authority  unless  there  is  no  suitable
18    tabulating   equipment   available   within  his  territorial
19    jurisdiction. However, in any event a counting location shall
20    be within this State.
21        "In-precinct counting" means the counting of  ballots  on
22    automatic  tabulating  equipment  provided  by  the  election
23    authority  in  the same precinct polling place in which those
24    ballots have been cast.
25        "Data pack" means  an  electronic  media  container  upon
26    which   electronic  data  processing  instructions  and  vote
27    results are stored.
28        "Electronic ballot form"  means  a  ballot  that  may  be
29    displayed upon a video terminal screen.
30        "Computer   operator"   means   any   person  or  persons
31    designated by the election authority to operate the automatic
32    tabulating equipment during any portion of the vote  tallying
33    process  in  an  election,  but  shall  not include judges of
34    election operating vote tabulating equipment in the precinct.
 
HB1841 Engrossed            -3-                LRB9103030MWgc
 1        "Computer  program"  or  "program"  means  the   set   of
 2    operating instructions for the automatic tabulating equipment
 3    by which it examines, counts, tabulates, canvasses and prints
 4    votes recorded by a voter on a ballot card or other medium.
 5        "Edit  listing" means a computer generated listing of the
 6    names and ballot position  numbers  for  each  candidate  and
 7    proposition as they appear in the program for each precinct.
 8        "Voting  System" or "Electronic Voting System" means that
 9    combination of equipment and programs used  in  the  casting,
10    examination  and tabulation of ballots and the cumulation and
11    reporting of results by electronic means.
12        "Header card" means a data processing card which is coded
13    to indicate to the computer  the  precinct  identity  of  the
14    ballot cards that will follow immediately and may indicate to
15    the computer how such ballot cards are to be tabulated.
16        "Marking  device"  means  either  an  apparatus  in which
17    ballots or ballot cards are inserted and used  in  connection
18    with  a  punch  apparatus  for the piercing of ballots by the
19    voter, or any approved device for marking a paper ballot with
20    ink or other substance which will enable  the  ballot  to  be
21    tabulated by means of automatic tabulating equipment or by an
22    electronic scanning process.
23        "Redundant  count"  means  a verification of the original
24    computer count by another count using compatible equipment or
25    by hand as part of a discovery recount.
26        "Security punch" means a punch placed on a ballot card to
27    identify to the computer program the offices and propositions
28    for which votes may be cast and to  indicate  the  manner  in
29    which  votes  cast  should  be  tabulated  while negating any
30    inadmissable votes.
31    (Source: P.A. 86-867.)

32        (10 ILCS 5/24A-5) (from Ch. 46, par. 24A-5)
33        Sec. 24A-5.   In precincts  where  an  electronic  voting
 
HB1841 Engrossed            -4-                LRB9103030MWgc
 1    system is used, a sufficient number of voting booths shall be
 2    provided  for  the  use  of  such  systems  according  to the
 3    requirements determined by the State Board of Elections,  and
 4    the  booths  shall be arranged in the same manner as provided
 5    for use with paper ballots.  Each such booth shall be  placed
 6    so  that  the  entrance  to each booth faces a wall in such a
 7    manner that no judge of election or pollwatcher  is  able  to
 8    observe a voter casting a ballot.
 9        Whenever  at  a  primary  election at which an electronic
10    voting system is used there is also an election for  officers
11    or  on  propositions in which qualified voters have the right
12    to vote without participating in the primary of any party,  a
13    separate voting booth may be provided for those voters who do
14    not  wish  to  participate  in the primary of any party. Such
15    determination shall be  made  by  resolution  of  the  county
16    board,  municipal  board  of election commissioners or county
17    board of election  commissioners,  whichever  is  applicable.
18    Unless  paper ballots or electronic ballot forms are used for
19    such other election, such separate voting booth shall contain
20    a ballot label booklet containing  only  those  officers  and
21    propositions on which such voters are entitled to vote.
22    (Source: P.A. 84-659.)

23        (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
24        Sec.  24A-5.1.  For the instruction of voters on election
25    day, the election official in charge of  the  election  shall
26    provide   at   each   polling   place  one  instruction-model
27    electronic  voting   system   marking   device.   Each   such
28    instruction-model  shall  show the arrangement of party rows,
29    office columns and questions. Such model shall be located  at
30    a  place which voters must pass to reach the official marking
31    device used in the actual casting of votes.
32        Before entering the voting  booth  each  voter  shall  be
33    offered instruction in the operation of the marking device by
 
HB1841 Engrossed            -5-                LRB9103030MWgc
 1    use  of  the  instruction-model  and the voter shall be given
 2    ample  opportunity  to  operate  the  model  by  himself.  In
 3    instructing voters, no precinct official may show  partiality
 4    to  any  political  party. The duties of instruction shall be
 5    discharged by a judge from  each  of  the  political  parties
 6    represented and they shall alternate serving as instructor so
 7    that  each  judge  shall serve a like time at such duties. No
 8    instructions may be given after the  voter  has  entered  the
 9    voting  booth,  except  when  an  electronic  ballot  form is
10    utilized.
11        When an electronic ballot form is  utilized,  instruction
12    may  be offered on the voting terminal, provided the terminal
13    is set to display an instruction mode ballot using fictitious
14    names, parties, and questions of public policy.
15        No precinct official, or person assisting a voter may  in
16    any  manner  request,  suggest, or seek to persuade or induce
17    any voter  to  cast  his  vote  for  any  particular  ticket,
18    candidate,    amendment,   question   or   proposition.   All
19    instructions shall be given by precinct officials in  such  a
20    manner  that  it  may  be  observed  by  other persons in the
21    polling place.
22    (Source: P.A. 89-700, eff. 1-17-97.)

23        (10 ILCS 5/24A-5.2) (from Ch. 46, par. 24A-5.2)
24        Sec. 24A-5.2. When an electronic voting system is used in
25    a forthcoming election, the election authority  may  provide,
26    for  the  purpose of instructing voters in such election, one
27    demonstrator  electronic  voting  system  marking  device  or
28    voting terminal for placement in any  public  library  within
29    the  political  subdivision  in which the election occurs. If
30    such placement of a demonstrator takes place it shall be made
31    available at least 30 days before the election.
32    (Source: P.A. 80-1469.)
 
HB1841 Engrossed            -6-                LRB9103030MWgc
 1        (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
 2        Sec. 24A-6. The ballot information, whether placed on the
 3    ballot  or  on  the  marking  device,  shall,   as   far   as
 4    practicable,  be  in  the  order  of arrangement provided for
 5    paper  ballots,  except  that  such  information  may  be  in
 6    vertical or horizontal rows,  or  in  a  number  of  separate
 7    pages.  Ballots for all questions or propositions to be voted
 8    on must be provided in the same manner and must  be  arranged
 9    on  the  electronic ballot form, on or in the marking device,
10    or on the ballot  sheet  in  the  places  provided  for  such
11    purposes.  Color  distinctions  provided  by  law  for  paper
12    ballots shall be required of electronic ballot forms.
13        When  an electronic voting system utilizes a ballot label
14    booklet and ballot  card,  ballots  for  candidates,  ballots
15    calling   for  a  constitutional  convention,  constitutional
16    amendment  ballots,   judicial  retention   ballots,   public
17    measures, and all propositions to be voted upon may be placed
18    on  the  electronic  voting device by providing in the ballot
19    booklet separate  ballot  label  pages  or  series  of  pages
20    distinguished by differing colors as provided below.  When an
21    electronic  voting  system  utilizes  a ballot sheet, ballots
22    calling  for  a  constitutional  convention,   constitutional
23    amendment  ballots  and  judicial  retention ballots shall be
24    placed on the ballot sheet by providing a separate portion of
25    the ballot sheet for each such kind of ballot which shall  be
26    printed in ink of a color distinct from the color of ink used
27    in  printing  any other portion of the ballot sheet.  Ballots
28    for candidates, public measures and all other propositions to
29    be voted  upon  shall  be  placed  on  the  ballot  sheet  by
30    providing  a  separate  portion  of the ballot sheet for each
31    such kind of ballot.  Below the name of  the  last  candidate
32    listed  for  an  office  shall be printed a line on which the
33    name of  a  candidate  may  be  written  by  the  voter,  and
34    immediately  to  the  left  of  such  line  an  area shall be
 
HB1841 Engrossed            -7-                LRB9103030MWgc
 1    provided for marking a  vote  for  such  write-in  candidate.
 2    More  than one amendment to the constitution may be placed on
 3    the same ballot page or  series  of  pages  or  on  the  same
 4    portion  of  the  ballot  sheet,  as the case may be.  Ballot
 5    label pages for constitutional conventions or  constitutional
 6    amendments  shall be on paper of blue color and shall precede
 7    all other ballot label pages in  the  ballot  label  booklet.
 8    More  than one public measure or proposition may be placed on
 9    the same ballot label page or series of pages or on the  same
10    portion  of  the ballot sheet, as the case may be.  More than
11    one proposition for retention of  judges  in  office  may  be
12    placed on the same ballot label page or series of pages or on
13    the  same  portion  of  the ballot sheet, as the case may be.
14    Ballot label pages for candidates shall be on paper of  white
15    color, except that in primary elections the ballot label page
16    or  pages  for  the  candidates  of each respective political
17    party shall be  of  the  color  designated  by  the  election
18    official in charge of the election for that political party's
19    candidates; provided that the ballot label pages or pages for
20    candidates  for  use  at  the  nonpartisan  and  consolidated
21    elections  may  be on paper of different colors, except blue,
22    whenever necessary or desirable to facilitate  distinguishing
23    between  the pages for different political subdivisions.   On
24    each page of the candidate booklet,  where  the  election  is
25    made   to  list  ballot  information  vertically,  the  party
26    affiliation of each candidate or the word "independent" shall
27    appear immediately to the left of the candidate's  name,  and
28    the  name  of  candidates for the same office shall be listed
29    vertically under the title of that office.  In  the  case  of
30    nonpartisan elections for officers of political subdivisions,
31    unless  the  statute  or  an  ordinance  adopted  pursuant to
32    Article VII  of  the  Constitution  requires  otherwise,  the
33    listing  of such nonpartisan candidates shall not include any
34    party or "independent" designation. Ballot  label  pages  for
 
HB1841 Engrossed            -8-                LRB9103030MWgc
 1    judicial  retention ballots shall be on paper of green color,
 2    and ballot label pages for  all  public  measures  and  other
 3    propositions  shall  be  on  paper of some other distinct and
 4    different color. In  primary  elections,  a  separate  ballot
 5    label  booklet, marking device and voting booth shall be used
 6    for each political party holding a primary, with  the  ballot
 7    label  booklet  arranged to include ballot label pages of the
 8    candidates  of  the  party  and  public  measures  and  other
 9    propositions to be voted upon  on  the  day  of  the  primary
10    election.   One  ballot  card  may  be used for recording the
11    voter's vote or choice on all such ballots, proposals, public
12    measures or propositions,  and  such  ballot  card  shall  be
13    arranged  so  as  to  record  the voter's vote or choice in a
14    separate column or columns for  each  such  kind  of  ballot,
15    proposal, public measure or proposition.
16        If  the ballot label booklet includes both candidates for
17    office and public measures or propositions to  be  voted  on,
18    the  election official in charge of the election shall divide
19    the pages by protruding tabs identifying the division of  the
20    pages,   and   printing   on   such   tabs  "Candidates"  and
21    "Propositions".
22        The  ballot  card  and  all  of  its  columns  and,  when
23    required, the ballot card envelope  shall  be  of  the  color
24    prescribed  for candidate's ballots at the general or primary
25    election, whichever is being held.  At an election  where  no
26    candidates  are  being nominated or elected, the ballot card,
27    its columns, and the ballot card envelope shall be of a color
28    designated  by  the  election  official  in  charge  of   the
29    election.
30        The ballot cards, ballot card envelopes and ballot sheets
31    may,  at the discretion of the election authority, be printed
32    on white paper and then striped with the appropriate colors.
33        When ballot sheets are used, the various portions thereof
34    shall be arranged to conform to the foregoing format.
 
HB1841 Engrossed            -9-                LRB9103030MWgc
 1        Absentee ballots may consist of electronic ballot  forms,
 2    ballot cards, envelopes, paper ballots or ballot sheets voted
 3    in person in the office of the election official in charge of
 4    the  election  or voted by mail.  Where a ballot card is used
 5    for voting by mail it must be accompanied by a punching  tool
 6    or other appropriate marking device, voter instructions and a
 7    specimen  ballot  showing the proper positions to vote on the
 8    ballot card  or  ballot  sheet  for  each  party,  candidate,
 9    proposal, public measure or proposition, and in the case of a
10    ballot card must be mounted on a suitable material to receive
11    the punched out chip.
12        Any  voter  who  spoils  his ballot or makes an error may
13    return the ballot  to  the  judges  of  election  and  secure
14    another.     However,  the  protruding  identifying  tab  for
15    proposals for a constitutional convention  or  constitutional
16    amendments   shall   have   printed  thereon  "Constitutional
17    Ballot",  and  the  ballot  label  page  or  pages  for  such
18    proposals shall precede the ballot label pages for candidates
19    in the ballot label booklet.
20    (Source: P.A. 89-700, eff. 1-17-97.)

21        (10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7)
22        Sec. 24A-7.  A separate write-in ballot, which may be  in
23    the  form  of  a  paper ballot, card or envelope in which the
24    elector  places  his  ballot  card  after  voting,  shall  be
25    provided if necessary to permit  electors  to  write  in  the
26    names  of  persons  whose  names  are  not on the ballot. The
27    ballots, ballot cards and ballot card envelopes may,  at  the
28    discretion  of  the  election  authority, be printed on white
29    paper and then striped with the appropriate colors.  When  an
30    electronic  voting  system  is  used  which utilizes a ballot
31    card, each ballot card envelope shall  contain  the  write-in
32    form  and  information  required by Section 16-3 of this Act;
33    except that when an electronic ballot form is  utilized,  the
 
HB1841 Engrossed            -10-               LRB9103030MWgc
 1    voting terminal shall contain a write in mode option to allow
 2    a  voter  to  write in a name or names equal in number to the
 3    names of candidates to be elected for an office on a line  or
 4    lines below the list of candidates for the office.
 5    (Source: P.A. 83-110.)

 6        (10 ILCS 5/24A-8) (from Ch. 46, par. 24A-8)
 7        Sec.  24A-8.   The  county  clerk  or  board  of election
 8    commissioners, as the case may be,  shall  cause  the  voting
 9    terminals  and  marking  devices  to  be  put  in order, set,
10    adjusted and made ready for  voting  when  delivered  to  the
11    polling places. Before the opening of the polls the judges of
12    election  shall  compare  the  ballots  used  in  the marking
13    devices with the specimen ballots furnished and see that  the
14    names,  numbers  and  letters thereon agree and shall certify
15    thereto on forms provided by the county  clerk  or  board  of
16    election commissioners, as the case may be.
17        In  addition,  in  those polling places where in-precinct
18    counting equipment is utilized, the judges of election  shall
19    make   an  operational  check  of  the  automatic  tabulating
20    equipment before the opening of the polls  and  shall  ensure
21    that  all  zeroes  appear  on  the count column of the voting
22    terminal.  A precinct identification  card  provided  by  the
23    election  authority  shall  be  entered  into  the  automatic
24    tabulating  equipment, except when voting terminals are used,
25    to ensure that the totals are all zeroes in the count  column
26    on the printing unit.
27        Pollwatchers  as  provided  by  law shall be permitted to
28    closely  observe  the  judges  in  these  procedures  and  to
29    periodically inspect the equipment when not  in  use  by  the
30    voters  to  see that the ballot labels are in proper position
31    and have not been marked upon or mutilated.
32    (Source: P.A. 82-1014.)
 
HB1841 Engrossed            -11-               LRB9103030MWgc
 1        (10 ILCS 5/24A-9) (from Ch. 46, par. 24A-9)
 2        Sec. 24A-9.  Prior  to  the  public  test,  the  election
 3    authority   shall   conduct  an  errorless  pre-test  of  the
 4    automatic tabulating equipment and program to ascertain  that
 5    they  will correctly count the votes cast for all offices and
 6    all measures. On any day not less than 5 days  prior  to  the
 7    election  day, the election authority shall publicly test the
 8    automatic tabulating equipment and program to ascertain  that
 9    they  will correctly count the votes cast for all offices and
10    on all measures. Public notice of the time and place  of  the
11    test  shall  be  given  at  least  48  hours prior thereto by
12    publication once in one or more newspapers  published  within
13    the  election  jurisdiction  of  the  election authority if a
14    newspaper is published therein, otherwise in a  newspaper  of
15    general  circulation  therein.  Timely written notice stating
16    the date, time and location of the public test shall also  be
17    provided  to  the State Board of Elections. The test shall be
18    open to representatives of the political parties, the  press,
19    representatives  of  the  State  Board  of Elections, and the
20    public. The test shall be conducted by casting  a  preaudited
21    series  of  votes  on  a  voting  terminal or by processing a
22    preaudited group of ballots cast so punched or marked  as  to
23    record  a  predetermined  number  of  valid  votes  for  each
24    candidate  and  on  each  measure, and shall include for each
25    office one or more ballots which have votes in excess of  the
26    number  allowed  by  law  in order to test the ability of the
27    automatic tabulating equipment to  reject  such  votes.  Such
28    test  shall also include the use of precinct header cards and
29    may include the production  of  an  edit  listing.  In  those
30    election  jurisdictions  where in-precinct counting equipment
31    is utilized, a public test of both such equipment and program
32    shall be conducted  as  nearly  as  possible  in  the  manner
33    prescribed  above. The State Board of Elections may select as
34    many election jurisdictions as the Board deems  advisable  in
 
HB1841 Engrossed            -12-               LRB9103030MWgc
 1    the  interests of the election process of this State in which
 2    to order a special test of the automatic tabulating equipment
 3    and program prior to any  regular  election.  The  Board  may
 4    order  a  special  test  in  any election jurisdiction where,
 5    during the  preceding  twelve  months,  computer  programming
 6    errors  or  other  errors  in  the  use  of electronic voting
 7    systems resulted in vote tabulation errors. Not less than  30
 8    days  prior  to  any  election,  the State Board of Elections
 9    shall provide written notice to those selected  jurisdictions
10    of  their intent to conduct a test.  Within 5 days of receipt
11    of the State Board of Elections' written notice of intent  to
12    conduct  a  test, the selected jurisdictions shall forward to
13    the principal office of the State Board of Elections  a  copy
14    of  all specimen ballots. The State Board of Elections' tests
15    shall be conducted and completed not less than 2  days  prior
16    to  the  public  test utilizing testing materials supplied by
17    the Board and under the supervision of  the  Board,  and  the
18    Board   shall   reimburse  the  election  authority  for  the
19    reasonable cost of computer  time  required  to  conduct  the
20    special  test.   After   an errorless test, materials used in
21    the public test, including the program, if appropriate, shall
22    be sealed and remain so  until  the  test  is  run  again  on
23    election  day.  If  any error is detected, the cause therefor
24    shall be ascertained and corrected and  an  errorless  public
25    test  shall be made before the automatic tabulating equipment
26    is approved.  Each election authority  shall  file  a  sealed
27    copy   of   each   tested  program  to  be  used  within  its
28    jurisdiction at an election with the State Board of Elections
29    prior to the election.  The Board shall  secure  the  program
30    or  programs  of  each  election jurisdiction so filed in its
31    office for the 60 days following the canvass and proclamation
32    of election results. Upon the expiration of that time, if  no
33    election  contest  or  appeal  therefrom  is  pending  in  an
34    election  jurisdiction,  the  Board  shall  return the sealed
 
HB1841 Engrossed            -13-               LRB9103030MWgc
 1    program  or  programs  to  the  election  authority  of   the
 2    jurisdiction.  Except where in-precinct counting equipment is
 3    utilized,  the  test shall be repeated immediately before the
 4    start of the official count  of  the  ballots,  in  the  same
 5    manner as set forth above. After the completion of the count,
 6    the test shall be re-run using the same program.  An election
 7    jurisdiction  that  was  employing, as of January 1, 1983, an
 8    electronic voting system that, because of its design, is  not
 9    technically capable of compliance with such a post-tabulation
10    testing requirement shall satisfy the post-tabulation testing
11    requirement  by  conducting  the  post-tabulation  test  on a
12    duplicate program until  such  electronic  voting  system  is
13    replaced  or  until  November  1, 1992, whichever is earlier.
14    Immediately thereafter the ballots, all material employed  in
15    testing  the  program  and  the  program  shall be sealed and
16    retained under the custody of the election  authority  for  a
17    period  of  60  days.  At  the  expiration  of  that time the
18    election authority shall  destroy  the  voted  ballot  cards,
19    together with all unused ballots returned from the precincts.
20    Provided,  if any contest of election is pending at such time
21    in which such ballots may be required as  evidence  and  such
22    election  authority has notice thereof, the same shall not be
23    destroyed until after such contest is finally determined.  If
24    the  use  of  back-up  equipment  becomes necessary, the same
25    testing  required  for  the  original  equipment   shall   be
26    conducted.
27    (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.)

28        (10 ILCS 5/24A-9.1) (from Ch. 46, par. 24A-9.1)
29        Sec. 24A-9.1.  Whenever an electronic scanning process is
30    utilized  to  automatically  examine  and  count the votes on
31    ballot sheets, the provisions of this Section shall apply.  A
32    voter shall cast a proper vote on a ballot sheet by making  a
33    mark in the designated area for the casting of a vote for any
 
HB1841 Engrossed            -14-               LRB9103030MWgc
 1    party  or  candidate  or for or against any proposition.  For
 2    this purpose, a mark  is  an  intentional  darkening  of  the
 3    designated area on the ballot sheet, and shall not be an "X",
 4    a  check  mark,  or  any  other  recognizable  letter  of the
 5    alphabet, number, or other symbol which can be recognized  as
 6    an identifying mark.
 7        Whenever  the  ballot  sheet includes designated areas on
 8    both sides, the election authority shall provide an envelope,
 9    sleeve or other device to each voter by means  of  which  the
10    voter  can  deliver  the voted ballot sheet to the ballot box
11    without the votes indicated on the ballot sheet being visible
12    to other persons in the polling place.
13    (Source: P.A. 81-1433.)

14        (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
15        Sec.  24A-10.1.   In  an  election   jurisdiction   where
16    in-precinct  counting  equipment  is  utilized, the following
17    procedures for counting and tallying the ballots shall apply:
18        Immediately after the closing of the polls, the  absentee
19    ballots  delivered  to the precinct judges of election by the
20    election authority shall be examined to determine  that  such
21    ballots  comply  with  Sections 19-9 and 20-9 of this Act and
22    are entitled  to  be  deposited  in  the  ballot  box;  those
23    entitled to be deposited in the ballot box shall be initialed
24    by  the  precinct  judges  of  election  and deposited in the
25    ballot box.  Those not entitled to be deposited in the ballot
26    box shall be marked "Rejected" and disposed of as provided in
27    said Sections 19-9 and 20-9.
28        The precinct judges of election shall open the ballot box
29    and count the number of ballots therein to determine if  such
30    number  agrees  with  the number of voters voting as shown by
31    the applications for ballot or, if the same do not agree, the
32    judges of election shall make such  ballots  agree  with  the
33    applications  for  ballot  in  the manner provided by Section
 
HB1841 Engrossed            -15-               LRB9103030MWgc
 1    17-18 of this Act. The judges of election shall then  examine
 2    all  ballot  cards and ballot card envelopes which are in the
 3    ballot box to determine whether the ballot cards  and  ballot
 4    card  envelopes  contain  the initials of a precinct judge of
 5    election.  If any ballot card or ballot card envelope is  not
 6    initialed,  it  shall  be  marked  on  the  back "Defective",
 7    initialed as to such label by all  judges  immediately  under
 8    the word "Defective" and not counted.  The judges of election
 9    shall  place  an  initialed blank official ballot card in the
10    place of the defective ballot card, so that the count of  the
11    ballot  cards  to  be  counted  on  the  automatic tabulating
12    equipment will be the same, and each "Defective Ballot"  card
13    and  "Replacement"  card shall contain the same serial number
14    which shall be placed thereon  by  the  judges  of  election,
15    commencing with number 1 and continuing consecutively for the
16    ballots   of   that  kind  in  that  precinct.  The  original
17    "Defective" card shall be placed  in  the  "Defective  Ballot
18    Envelope" provided for that purpose.
19        When an electronic voting system is used which utilizes a
20    ballot  card,  before  separating  the remaining ballot cards
21    from their  respective  covering  envelopes,  the  judges  of
22    election shall examine the ballot card envelopes for write-in
23    votes.   When  the voter has cast a write-in vote, the judges
24    of election shall compare the write-in vote with the votes on
25    the ballot card to determine whether such write-in results in
26    an overvote for any office.  In case of an overvote  for  any
27    office, the judges of election, consisting in each case of at
28    least  one judge of election of each of the 2 major political
29    parties, shall make a true duplicate ballot of all  votes  on
30    such ballot card except for the office which is overvoted, by
31    using the ballot label booklet of the precinct and one of the
32    marking  devices  of the precinct so as to transfer all votes
33    of the voter, except for the office overvoted, to a duplicate
34    card.  The original ballot card and envelope upon which there
 
HB1841 Engrossed            -16-               LRB9103030MWgc
 1    is an overvote shall be clearly labeled  "Overvoted  Ballot",
 2    and each such "Overvoted Ballot" as well as its "Replacement"
 3    shall  contain  the  same serial number which shall be placed
 4    thereon by the judges of election, commencing with  number  1
 5    and  continuing consecutively for the ballots of that kind in
 6    that precinct.    The  "Overvoted  Ballot"  card  and  ballot
 7    envelope  shall  be  placed  in an envelope provided for that
 8    purpose labeled "Duplicate Ballot" envelope, and  the  judges
 9    of  election shall initial the "Replacement" ballot cards and
10    shall place them with the other ballot cards to be counted on
11    the automatic  tabulating  equipment.   Envelopes  containing
12    write-in  votes  marked  in the place designated therefor and
13    containing the initials of a precinct judge of  election  and
14    not resulting in an overvote and otherwise complying with the
15    election  laws as to marking shall be counted and tallied and
16    their votes  recorded  on  a  tally  sheet  provided  by  the
17    election authority.
18        The  ballot  cards  and  ballot  card  envelopes shall be
19    separated  in  preparation  for  counting  by  the  automatic
20    tabulating  equipment  provided  for  that  purpose  by   the
21    election authority.
22        Before   the  ballots  are  entered  into  the  automatic
23    tabulating equipment, a precinct identification card provided
24    by the election  authority,  except  when  electronic  ballot
25    forms  are  used,  shall be entered into the device to ensure
26    that the totals are all zeroes in the  count  column  on  the
27    printing  unit.  When  electronic  ballot  forms  are used, a
28    certificate of results showing zero votes shall be generated.
29    A precinct judge of election shall then  count  the  ballots,
30    except  when  electronic  ballot  forms are used, by entering
31    each ballot card into the automatic tabulating equipment, and
32    if any ballot or ballot card is damaged or defective so  that
33    it  cannot  properly  be  counted by the automatic tabulating
34    equipment, the judges of election, consisting in each case of
 
HB1841 Engrossed            -17-               LRB9103030MWgc
 1    at least one judge  of  election  of  each  of  the  2  major
 2    political  parties, shall make a true duplicate ballot of all
 3    votes on such ballot card by using the ballot  label  booklet
 4    of  the  precinct  and  one  of  the  marking  devices of the
 5    precinct.  The original ballot or ballot  card  and  envelope
 6    shall  be  clearly labeled "Damaged Ballot" and the ballot or
 7    ballot card so produced shall be clearly  labeled  "Duplicate
 8    Damaged  Ballot",  and  each  shall  contain  the same serial
 9    number which  shall  be  placed  thereon  by  the  judges  of
10    election,   commencing   with   number   1   and   continuing
11    consecutively  for  the ballots of that kind in the precinct.
12    The judges of election shall initial the  "Duplicate  Damaged
13    Ballot"  ballot or ballot cards and shall enter the duplicate
14    damaged cards into the automatic tabulating  equipment.   The
15    "Damaged  Ballot"  cards  shall  be placed in the "Duplicated
16    Ballots"  envelope;  after  all  ballot   cards   have   been
17    successfully read, the judges of election shall check to make
18    certain  that the last number printed by the printing unit is
19    the same as the  number  of  voters  making  application  for
20    ballot  in  that precinct.  The number shall be listed on the
21    "Statement  of  Ballots"  form  provided  by   the   election
22    authority.
23        The  totals  for all candidates and propositions shall be
24    tabulated; 4  sets  shall  be  attached  to  the  4  sets  of
25    "Certificate  of Results" provided by the election authority;
26    one set shall be posted in a  conspicuous  place  inside  the
27    polling  place;  and every effort shall be made by the judges
28    of election to provide a set for each authorized  pollwatcher
29    or  other  official  authorized  to be present in the polling
30    place to observe the counting of  ballots;  but  in  no  case
31    shall the number of sets to be made available to pollwatchers
32    be fewer than 4, chosen by lot by the judges of election.  In
33    addition,  sufficient time shall be provided by the judges of
34    election  to  the  pollwatchers  to  allow   them   to   copy
 
HB1841 Engrossed            -18-               LRB9103030MWgc
 1    information from the set which has been posted.
 2        The  judges  of  election  shall  count all unused ballot
 3    cards and enter the number on  the  "Statement  of  Ballots".
 4    All  "Spoiled",  "Defective"  and  "Duplicated"  ballot cards
 5    shall be counted and the number entered on the "Statement  of
 6    Ballots".
 7        The   precinct   judges   of   election  shall  select  a
 8    bi-partisan team of 2 judges, who  shall  immediately  return
 9    the  data  packs or ballots in a sealed container, along with
10    all other election materials as instructed  by  the  election
11    authority;  provided,  however,  that  such container, if not
12    sealed with a lock that must be broken  to  remove  it,  must
13    first  be  sealed  by  the election judges with filament tape
14    provided for such purpose which shall be wrapped  around  the
15    container  lengthwise and crosswise, at least twice each way,
16    in such manner that the ballots cannot be removed  from  such
17    container  without  breaking  the  seal and filament tape and
18    disturbing any signatures affixed by the election  judges  to
19    the  container.  The election authority shall keep the office
20    of  the  election  authority,  or  any   receiving   stations
21    designated   by   such   authority,  open  for  at  least  12
22    consecutive hours after the polls close or until the  ballots
23    or  data  packs  from all precincts with in-precinct counting
24    equipment within the jurisdiction of the  election  authority
25    have been returned to the election authority. Ballots or data
26    packs  returned to the office of the election authority which
27    are not signed and sealed as required by  law  shall  not  be
28    accepted by the election authority until the judges returning
29    the  same  make  and  sign  the  necessary  corrections. Upon
30    acceptance of the ballots  or  data  packs  by  the  election
31    authority, the judges returning the same shall take a receipt
32    signed  by  the  election authority and stamped with the time
33    and date of such return. The election judges whose duty it is
34    to return any ballots or data packs as herein provided shall,
 
HB1841 Engrossed            -19-               LRB9103030MWgc
 1    in the event such ballots or data packs cannot be found  when
 2    needed, on proper request, produce the receipt which they are
 3    to take as above provided.
 4    (Source: P.A. 83-1362.)

 5        (10 ILCS 5/24A-15.01) (from Ch. 46, par. 24A-15.01)
 6        Sec.  24A-15.01.   Upon  completion of the tabulation and
 7    retabulation of votes pursuant  to  Sections  24A-11  through
 8    24A-15,  the ballots, or data packs when voting terminals are
 9    used, from each precinct shall be replaced in  the  container
10    in  which  they  were  transported  to  the  central counting
11    station.  If such container  is  not  a  type  which  may  be
12    securely  sealed  locked,  then  each such container - before
13    being transferred from the  counting  station  to  storage  -
14    shall  be  sealed  with  filament  tape  wrapped  around such
15    container lengthwise and crosswise, at least twice each  way,
16    and  in  such  manner that the ballots cannot be removed from
17    the container without breaking the tape.
18    (Source: P.A. 88-45.)

19        (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
20        Sec.  24A-15.1.  Except  as  herein  provided,  discovery
21    recounts  and  election  contests  shall  be   conducted   as
22    otherwise  provided  for  in "The Election Code", as amended.
23    The automatic tabulating equipment shall be tested  prior  to
24    the  discovery  recount  or  election  contest as provided in
25    Section 24A-9, and then the official ballots or ballot  cards
26    shall  be recounted on the automatic tabulating equipment. In
27    addition, except  when  electronic  ballot  forms  are  being
28    recounted,  (1)  the  ballot or ballot cards shall be checked
29    for the presence or absence of  judges'  initials  and  other
30    distinguishing  marks, and (2) the ballots marked "Rejected",
31    "Defective", Objected to"  and  "Absentee  Ballot"  shall  be
32    examined  to  determine the propriety of the such labels, and
 
HB1841 Engrossed            -20-               LRB9103030MWgc
 1    (3) the "Duplicate Absentee  Ballots",  "Duplicate  Overvoted
 2    Ballots"  and  "Duplicate  Damaged Ballots" shall be compared
 3    with their respective originals to determine the  correctness
 4    of the duplicates.
 5        Any person who has filed a petition for discovery recount
 6    may  request  that  a  redundant  count be conducted in those
 7    precincts in which the discovery recount is being  conducted.
 8    The additional costs of such a redundant count shall be borne
 9    by the requesting party.
10        The  log  of  the  computer  operator  and  all materials
11    retained by  the  election  authority  in  relation  to  vote
12    tabulation  and  canvass  shall  be  made  available  for any
13    discovery recount or election contest.
14    (Source: P.A. 82-1014.)

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