[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 004 ] |
91_HB1841sam001
LRB9103030MWgcam01
1 AMENDMENT TO HOUSE BILL 1841
2 AMENDMENT NO. . Amend House Bill 1841 by replacing
3 the title with the following:
4 "AN ACT concerning voting at elections."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Election Code is amended by changing
8 Sections 7-66, 15-6, 16-11, 17-43, 18-40, 19-2.1, 19-7, 19-8,
9 19-9, 19-10, 19-12.2, 19-15, 20-2, 20-2.1, 20-2.2, 20-7,
10 20-8, 20-9, 20-15, and 24B-3 and by adding Article 24C as
11 follows:
12 (10 ILCS 5/7-66)
13 Sec. 7-66. Precinct tabulation optical scan technology
14 voting equipment and direct recording electronic voting
15 systems equipment.
16 If the election authority has adopted the use of Precinct
17 Tabulation Optical Scan Technology voting equipment pursuant
18 to Article 24B of this Code or Direct Recording Electronic
19 Voting Systems equipment under Article 24C of this Code, and
20 the provisions of those Articles the Article are in conflict
21 with the provisions of this Article 7, the provisions of
-2- LRB9103030MWgcam01
1 Article 24B or Article 24C, as the case may be, shall govern
2 the procedures followed by the election authority, its judges
3 of elections, and all employees and agents. In following the
4 provisions of Article 24B or Article 24C, the election
5 authority is authorized to develop and implement procedures
6 to fully utilize Precinct Tabulation Optical Scan Technology
7 voting equipment or Direct Recording Electronic Voting
8 Systems equipment authorized by the State Board of Elections
9 as long as the procedure is not in conflict with either
10 Article 24B, Article 24C, or the administrative rules of the
11 State Board of Elections.
12 (Source: P.A. 89-394, eff. 1-1-97.)
13 (10 ILCS 5/15-6)
14 Sec. 15-6. Precinct tabulation optical scan technology
15 voting equipment and direct recording electronic voting
16 systems equipment.
17 If the election authority has adopted the use of Precinct
18 Tabulation Optical Scan Technology voting equipment pursuant
19 to Article 24B of this Code or Direct Recording Electronic
20 Voting Systems equipment under Article 24C of this Code, and
21 the provisions of those Articles the Article are in conflict
22 with the provisions of this Article 15, the provisions of
23 Article 24B or Article 24C, as the case may be, shall govern
24 the procedures followed by the election authority, its judges
25 of elections, and all employees and agents. In following the
26 provisions of Article 24B or Article 24C, the election
27 authority is authorized to develop and implement procedures
28 to fully utilize Precinct Tabulation Optical Scan Technology
29 voting equipment or Direct Recording Electronic Voting
30 Systems equipment authorized by the State Board of Elections
31 as long as the procedure is not in conflict with either
32 Article 24B, Article 24C, or the administrative rules of the
33 State Board of Elections.
-3- LRB9103030MWgcam01
1 (Source: P.A. 89-394, eff. 1-1-97.)
2 (10 ILCS 5/16-11)
3 Sec. 16-11. Precinct tabulation optical scan technology
4 voting equipment and direct recording electronic voting
5 systems equipment.
6 If the election authority has adopted the use of Precinct
7 Tabulation Optical Scan Technology voting equipment pursuant
8 to Article 24B of this Code or Direct Recording Electronic
9 Voting Systems equipment under Article 24C of this Code, and
10 the provisions of those Articles the Article are in conflict
11 with the provisions of this Article 16, the provisions of
12 Article 24B or Article 24C, as the case may be, shall govern
13 the procedures followed by the election authority, its judges
14 of elections, and all employees and agents. In following the
15 provisions of Article 24B or Article 24C, the election
16 authority is authorized to develop and implement procedures
17 to fully utilize Precinct Tabulation Optical Scan Technology
18 voting equipment or Direct Recording Electronic Voting
19 Systems equipment authorized by the State Board of Elections
20 as long as the procedure is not in conflict with either
21 Article 24B, Article 24C, or the administrative rules of the
22 State Board of Elections.
23 (Source: P.A. 89-394, eff. 1-1-97.)
24 (10 ILCS 5/17-43)
25 Sec. 17-43. Precinct tabulation optical scan technology
26 voting equipment and direct recording electronic voting
27 systems equipment.
28 If the election authority has adopted the use of Precinct
29 Tabulation Optical Scan Technology voting equipment pursuant
30 to Article 24B of this Code or Direct Recording Electronic
31 Voting Systems equipment under Article 24C of this Code, and
32 the provisions of those Articles the Article are in conflict
-4- LRB9103030MWgcam01
1 with the provisions of this Article 17, the provisions of
2 Article 24B or Article 24C, as the case may be, shall govern
3 the procedures followed by the election authority, its judges
4 of elections, and all employees and agents. In following the
5 provisions of Article 24B or Article 24C, the election
6 authority is authorized to develop and implement procedures
7 to fully utilize Precinct Tabulation Optical Scan Technology
8 voting equipment or Direct Recording Electronic Voting
9 Systems equipment authorized by the State Board of Elections
10 as long as the procedure is not in conflict with either
11 Article 24B, Article 24C, or the administrative rules of the
12 State Board of Elections.
13 (Source: P.A. 89-394, eff. 1-1-97.)
14 (10 ILCS 5/18-40)
15 Sec. 18-40. Precinct tabulation optical scan technology
16 voting equipment and direct recording electronic voting
17 systems equipment.
18 If the election authority has adopted the use of Precinct
19 Tabulation Optical Scan Technology voting equipment pursuant
20 to Article 24B of this Code or Direct Recording Electronic
21 Voting Systems equipment under Article 24C, and the
22 provisions of those Articles the Article are in conflict with
23 the provisions of this Article 18, the provisions of Article
24 24B or Article 24C, as the case may be, shall govern the
25 procedures followed by the election authority, its judges of
26 elections, and all employees and agents. In following the
27 provisions of Article 24B or Article 24C, the election
28 authority is authorized to develop and implement procedures
29 to fully utilize Precinct Tabulation Optical Scan Technology
30 voting equipment or Direct Recording Electronic Voting
31 Systems equipment authorized by the State Board of Elections
32 as long as the procedure is not in conflict with either
33 Article 24B, Article 24C, or the administrative rules of the
-5- LRB9103030MWgcam01
1 State Board of Elections.
2 (Source: P.A. 89-394, eff. 1-1-97.)
3 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
4 Sec. 19-2.1. At the consolidated primary, general
5 primary, consolidated, and general and nonpartisan elections,
6 electors entitled to vote by absentee ballot under the
7 provisions of Section 19-1 may vote in person at the office
8 of the municipal clerk, if the elector is a resident of a
9 municipality not having a board of election commissioners, or
10 at the office of the township clerk or, in counties not under
11 township organization, at the office of the road district
12 clerk if the elector is not a resident of a municipality;
13 provided, in each case that the municipal, township or road
14 district clerk, as the case may be, is authorized to conduct
15 in-person absentee voting pursuant to this Section. Absentee
16 voting in such municipal and township clerk's offices under
17 this Section shall be conducted from the 22nd day through the
18 day before the election.
19 Municipal and township clerks (or road district clerks)
20 who have regularly scheduled working hours at regularly
21 designated offices other than a place of residence and whose
22 offices are open for business during the same hours as the
23 office of the election authority shall conduct in-person
24 absentee voting for said elections. Municipal and township
25 clerks (or road district clerks) who have no regularly
26 scheduled working hours but who have regularly designated
27 offices other than a place of residence shall conduct
28 in-person absentee voting for said elections during the hours
29 of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m.,
30 weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not
31 during such hours as the office of the election authority is
32 closed, unless the clerk files a written waiver with the
33 election authority not later than July 1 of each year stating
-6- LRB9103030MWgcam01
1 that he or she is unable to conduct such voting and the
2 reasons therefor. Such clerks who conduct in-person absentee
3 voting may extend their hours for that purpose to include any
4 hours in which the election authority's office is open.
5 Municipal and township clerks (or road district clerks) who
6 have no regularly scheduled office hours and no regularly
7 designated offices other than a place of residence may not
8 conduct in-person absentee voting for said elections. The
9 election authority may devise alternative methods for
10 in-person absentee voting before said elections for those
11 precincts located within the territorial area of a
12 municipality or township (or road district) wherein the clerk
13 of such municipality or township (or road district) has
14 waived or is not entitled to conduct such voting. In
15 addition, electors may vote by absentee ballot under the
16 provisions of Section 19-1 at the office of the election
17 authority having jurisdiction over their residence.
18 In conducting absentee voting under this Section, the
19 respective clerks shall not be required to verify the
20 signature of the absentee voter by comparison with the
21 signature on the official registration record card. However,
22 the clerk shall reasonably ascertain the identity of such
23 applicant, shall verify that each such applicant is a
24 registered voter, and shall verify the precinct in which he
25 or she is registered and the proper ballots of the political
26 subdivisions in which the applicant resides and is entitled
27 to vote, prior to providing any absentee ballot to such
28 applicant. The clerk shall verify the applicant's
29 registration and from the most recent poll list provided by
30 the county clerk, and if the applicant is not listed on that
31 poll list then by telephoning the office of the county clerk.
32 Absentee voting procedures in the office of the
33 municipal, township and road district clerks shall be subject
34 to all of the applicable provisions of this Article 19.
-7- LRB9103030MWgcam01
1 Pollwatchers may be appointed to observe in-person absentee
2 voting procedures at the office of the municipal, township or
3 road district clerks' offices where such absentee voting is
4 conducted. Such pollwatchers shall qualify and be appointed
5 in the same manner as provided in Sections 7-34 and 17-23,
6 except each candidate, political party or organization of
7 citizens may appoint only one pollwatcher for each location
8 where in-person absentee voting is conducted. Pollwatchers
9 shall be residents of the county and possess valid
10 pollwatcher credentials. All requirements in this Article
11 applicable to election authorities shall apply to the
12 respective local clerks, except where inconsistent with this
13 Section.
14 In election jurisdictions that deliver absentee ballots
15 to the polling place to be counted by the precinct judges on
16 election day, the sealed absentee ballots in their carrier
17 envelope shall be delivered by the respective clerks to the
18 proper polling place before the close of the polls on the day
19 of the nonpartisan, general primary, consolidated primary,
20 consolidated, or general election.
21 In election jurisdictions that count absentee ballots in
22 the office of the election authority on election day, the
23 sealed absentee ballots in their carrier envelope shall be
24 delivered to the office of the election authority by the
25 respective clerks before the close of the polls on the day of
26 the general primary, consolidated primary, consolidated, or
27 general election.
28 Not more than 23 days before the nonpartisan, general and
29 consolidated elections, the county clerk shall make available
30 to those municipal, township and road district clerks
31 conducting in-person absentee voting within such county, a
32 sufficient number of applications, absentee ballots,
33 envelopes, and printed voting instruction slips for use by
34 absentee voters in the offices of such clerks. The respective
-8- LRB9103030MWgcam01
1 clerks shall receipt for all ballots received, shall return
2 all unused or spoiled ballots to the county clerk on the day
3 of the election and shall strictly account for all ballots
4 received.
5 The ballots delivered to the respective clerks shall
6 include absentee ballots for each precinct in the
7 municipality, township or road district, or shall include
8 such separate ballots for each political subdivision
9 conducting an election of officers or a referendum on that
10 election day as will permit any resident of the municipality,
11 township or road district to vote absentee in the office of
12 the proper clerk.
13 The clerks of all municipalities, townships and road
14 districts may distribute applications for absentee ballot for
15 the use of voters who wish to mail such applications to the
16 appropriate election authority. Such applications for
17 absentee ballots shall be made on forms provided by the
18 election authority. Duplication of such forms by the
19 municipal, township or road district clerk is prohibited.
20 (Source: P.A. 86-875.)
21 (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
22 Sec. 19-7. Upon receipt of such absent voter's ballot,
23 the election authority shall forthwith enclose the same
24 unopened, together with the application made by said absent
25 voter in a large or carrier envelope which shall be securely
26 sealed and endorsed with the name and official title of such
27 officer and the words, "This envelope contains an absent
28 voter's ballot and must be opened on election day," together
29 with the number and description of the precinct in which said
30 ballot is to be voted, and such officer shall thereafter
31 safely keep the same in his office until counted by him as
32 provided in this Article the next section.
33 The election authority may choose (i) to have the
-9- LRB9103030MWgcam01
1 absentee ballots delivered before the closing of the polls to
2 their proper polling places for counting by the precinct
3 judges or (ii) to have the absentee ballots counted in the
4 office of the election authority by one or more panels of
5 election judges appointed in the manner provided for in this
6 Code and consisting of one judge from each of the 2 leading
7 established political parties in this State.
8 (Source: P.A. 81-155.)
9 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
10 Sec. 19-8. In election jurisdictions that deliver
11 absentee ballots to the polling place to be counted by the
12 precinct judges, the provisions of this Section shall apply.
13 In case an absent voter's ballot is received by the
14 election authority prior to the delivery of the official
15 ballots to the judges of election of the precinct in which
16 said elector resides, such ballot envelope and application,
17 sealed in the carrier envelope, shall be enclosed in such
18 package and therewith delivered to the judges of such
19 precinct. In case the official ballots for such precinct have
20 been delivered to the judges of election at the time of the
21 receipt by the election authority of such absent voter's
22 ballot, such authority shall immediately enclose said
23 envelope containing the absent voter's ballot, together with
24 his application therefor, in a larger or carrier envelope
25 which shall be securely sealed and addressed on the face to
26 the judges of election, giving the name or number of
27 precinct, street and number of polling place, city or town in
28 which such absent voter is a qualified elector, and the words
29 , "This envelope contains an absent voter's ballot and must
30 be opened only on election day at the polls immediately after
31 the polls are closed," "mailing the same, postage prepaid, to
32 such judges of election, or if more convenient, such officer
33 may deliver such absent voter's ballot to the judges of
-10- LRB9103030MWgcam01
1 election in person or by duly deputized agent, said officer
2 to secure his receipt for delivery of such ballot or ballots.
3 Absent voters' ballots returned by absentee voters to the
4 election authority after the closing of the polls on an
5 election day shall be endorsed by the election authority
6 receiving the same with the day and hour of receipt and shall
7 be safely kept unopened by such election authority for the
8 period of time required for the preservation of ballots used
9 at such election, and shall then, without being opened, be
10 destroyed in like manner as the used ballots of such
11 election.
12 All absent voters' ballots received by the election
13 authority after 12:00 noon on election day or too late for
14 delivery to the proper polling place before the closing of
15 the polls on election day, and Special Write-In Absentee
16 Voter's Blank Ballots, except ballots returned by mail
17 postmarked after midnight preceding the opening of the polls
18 on election day, shall be endorsed by the election authority
19 receiving the same with the day and hour of receipt and shall
20 be counted in the office of the election authority on the day
21 of the election after 7:00 p.m. All absent voters' ballots
22 delivered in error to the wrong precinct polling place shall
23 be returned to the election authority and counted under this
24 provision; however, all absentee ballots received by the
25 election authority by the close of absentee voting in the
26 office of the election authority on the day preceding the day
27 of election shall be delivered to the proper precinct polling
28 places in time to be counted by the judges of election.
29 Such counting shall commence no later than 8:00 p.m. and
30 shall be conducted by a panel or panels of election judges
31 appointed in the manner provided by law. Such counting shall
32 continue until all absent voters' ballots received as
33 aforesaid have been counted.
34 The procedures set forth in Section 19-9 of this Act and
-11- LRB9103030MWgcam01
1 Articles 17 and 18 of this Code, shall apply to all absent
2 voters' ballots counted under this provision, including
3 comparing the signature on the ballot envelope with the
4 signature of the voter on the permanent voter registration
5 record card taken from the master file; except that votes
6 shall be recorded without regard to precinct designation,
7 except for precinct offices.
8 (Source: P.A. 86-875; revised 10-31-98.)
9 (10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
10 Sec. 19-9. At the close of the regular balloting and at
11 the close of the polls the judges of election of each voting
12 precinct or the panel or panels of judges in the office of
13 the election authority, as the case may be, shall proceed to
14 cast the absent voter's ballot separately, and as each absent
15 voter's ballot is taken shall open the outer or carrier
16 envelope, announce the absent voter's name, and compare the
17 signature upon the application with the signature upon the
18 certification on the ballot envelope and the signature of the
19 voter on the permanent voter registration record card. In
20 case the judges find the certifications properly executed,
21 that the signatures correspond, that the applicant is a duly
22 qualified elector in the precinct and the applicant has not
23 been present and voted within the county where he represents
24 himself to be a qualified elector on such election day, they
25 shall open the envelope containing the absent voter's ballot
26 in such manner as not to deface or destroy the certification
27 thereon, or mark or tear the ballots therein and take out the
28 ballot or ballots therein contained without unfolding or
29 permitting the same to be unfolded or examined, and having
30 endorsed the ballot in like manner as other ballots are
31 required to be endorsed, shall deposit the same in the proper
32 ballot box or boxes and enter the absent voter's name in the
33 poll book the same as if he had been present and voted in
-12- LRB9103030MWgcam01
1 person. The judges shall place the absentee ballot
2 certification envelopes in a separate envelope as per the
3 direction of the election authority. Such envelope containing
4 the absentee ballot certification envelopes shall be returned
5 to the election authority and preserved in like manner as the
6 official poll record.
7 In case such signatures do not correspond, or that the
8 applicant is not a duly qualified elector in such precinct or
9 that the ballot envelope is open or has been opened and
10 resealed, or that said voter is present and has voted within
11 the county where he represents himself to be a qualified
12 elector on the day of such election at such election such
13 previously cast vote shall not be allowed, but without
14 opening the absent voter's envelope the judge of such
15 election shall mark across the face thereof, "Rejected",
16 giving the reason therefor.
17 In case the ballot envelope contains more than one ballot
18 of any kind, said ballots shall not be counted, but shall be
19 marked "Rejected", giving the reason therefor.
20 The absent voters' envelopes and affidavits and the
21 absent voters' envelope with its contents unopened, when such
22 absent vote is rejected shall be retained and preserved in
23 the manner as now provided for the retention and preservation
24 of official ballots rejected at such election.
25 As applied to an absentee ballot of a permanently
26 disabled voter who has complied with Section 19-12.1, the
27 word "certification" as used in this Section shall be
28 construed to refer to the unsworn statement subscribed to by
29 the voter pursuant to Section 19-12.1.
30 (Source: P.A. 87-1052.)
31 (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
32 Sec. 19-10. Pollwatchers may be appointed to observe
33 in-person absentee voting procedures at the office of the
-13- LRB9103030MWgcam01
1 election authority as well as at municipal, township or road
2 district clerks' offices where such absentee voting is
3 conducted. Such pollwatchers shall qualify and be appointed
4 in the same manner as provided in Sections 7-34 and 17-23,
5 except each candidate, political party or organization of
6 citizens may appoint only one pollwatcher for each location
7 where in-person absentee voting is conducted. Pollwatchers
8 shall be residents of the county and possess valid
9 pollwatcher credentials.
10 In the polling place on election day, pollwatchers shall
11 be permitted to be present during the casting of the absent
12 voters' ballots and the vote of any absent voter may be
13 challenged for cause the same as if he were present and voted
14 in person, and the judges of the election or a majority
15 thereof shall have power and authority to hear and determine
16 the legality of such ballot; Provided, however, that if a
17 challenge to any absent voter's right to vote is sustained,
18 notice of the same must be given by the judges of election by
19 mail addressed to the voter's place of residence.
20 Where certain absent voters' ballots are counted on the
21 day of the election in the office of the election authority
22 as provided in this Article Section 19-8 of this Act, each
23 political party, candidate and qualified civic organization
24 shall be entitled to have present one pollwatcher for each
25 panel of election judges therein assigned. Such pollwatchers
26 shall be subject to the same provisions as are provided for
27 pollwatchers in Sections 7-34 and 17-23 of this Code, and
28 shall be permitted to observe the election judges making the
29 signature comparison between that which is on the absentee
30 ballot application and that which is on the ballot envelope
31 and that which is on the permanent voter registration record
32 card taken from the master file.
33 (Source: P.A. 86-875.)
-14- LRB9103030MWgcam01
1 (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
2 Sec. 19-12.2. Voting by physically incapacitated
3 electors who have made proper application to the election
4 authority not later than 5 days before the regular primary
5 and general election of 1980 and before each election
6 thereafter shall be conducted on the premises of facilities
7 licensed or certified pursuant to the Nursing Home Care Act
8 for the sole benefit of residents of such facilities. Such
9 voting shall be conducted during any continuous period
10 sufficient to allow all applicants to cast their ballots
11 between the hours of 9 a.m. and 7 p.m. either on the Friday,
12 Saturday, Sunday or Monday immediately preceding the regular
13 election. This absentee voting on one of said days designated
14 by the election authority shall be supervised by two election
15 judges who must be selected by the election authority in the
16 following order of priority: (1) from the panel of judges
17 appointed for the precinct in which such facility is located,
18 or from a panel of judges appointed for any other precinct
19 within the jurisdiction of the election authority in the same
20 ward or township, as the case may be, in which the facility
21 is located or, only in the case where a judge or judges from
22 the precinct, township or ward are unavailable to serve, (3)
23 from a panel of judges appointed for any other precinct
24 within the jurisdiction of the election authority. The two
25 judges shall be from different political parties. Not less
26 than 30 days before each regular election, the election
27 authority shall have arranged with the chief administrative
28 officer of each facility in his or its election jurisdiction
29 a mutually convenient time period on the Friday, Saturday,
30 Sunday or Monday immediately preceding the election for such
31 voting on the premises of the facility and shall post in a
32 prominent place in his or its office a notice of the agreed
33 day and time period for conducting such voting at each
34 facility; provided that the election authority shall not
-15- LRB9103030MWgcam01
1 later than noon on the Thursday before the election also post
2 the names and addresses of those facilities from which no
3 applications were received and in which no supervised
4 absentee voting will be conducted. All provisions of this
5 Code applicable to pollwatchers shall be applicable herein.
6 To the maximum extent feasible, voting booths or screens
7 shall be provided to insure the privacy of the voter. Voting
8 procedures shall be as described in Article 17 of this Code,
9 except that ballots shall be treated as absentee ballots and
10 shall not be counted until the close of the polls on the
11 following day. After the last voter has concluded voting, the
12 judges shall seal the ballots in an envelope and affix their
13 signatures across the flap of the envelope. Immediately
14 thereafter, the judges shall bring the sealed envelope to the
15 office of the election authority who shall preserve the
16 ballots in the office of the election authority in those
17 jurisdictions that count absentee ballots in the office of
18 the election authority or shall deliver the such ballots to
19 the proper precinct polling places prior to the closing of
20 the polls on the day of election in election jurisdictions
21 that count absentee ballots in the polling place. Provided,
22 that in election jurisdictions that count absentee ballots in
23 the polling place the election authority may arrange for the
24 judges who conduct such voting on the Monday before the
25 election to deliver the sealed envelope directly to the
26 proper precinct polling place on the day of election and
27 shall announce such procedure in the 30 day notice heretofore
28 prescribed. The judges of election shall also report to the
29 election authority the name of any applicant in the facility
30 who, due to unforeseen circumstance or condition or because
31 of a religious holiday, was unable to vote. In this event,
32 the election authority may appoint a qualified person from
33 his or its staff to deliver the ballot to such applicant on
34 the day of election. This staff person shall follow the same
-16- LRB9103030MWgcam01
1 procedures prescribed for judges conducting absentee voting
2 in such facilities; but shall return the ballot to the proper
3 precinct polling place before the polls close. However, if
4 the facility from which the application was made is also used
5 as a regular precinct polling place for that voter, voting
6 procedures heretofore prescribed may be implemented by 2 of
7 the election judges of opposite party affiliation assigned to
8 that polling place during the hours of voting on the day of
9 the election. Judges of election shall be compensated not
10 less than $25.00 for conducting absentee voting in such
11 facilities.
12 Not less than 120 days before each regular election, the
13 Department of Public Health shall certify to the State Board
14 of Elections a list of the facilities licensed or certified
15 pursuant to the Nursing Home Care Act, and shall indicate the
16 approved bed capacity and the name of the chief
17 administrative officer of each such facility, and the State
18 Board of Elections shall certify the same to the appropriate
19 election authority within 20 days thereafter.
20 (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)
21 (10 ILCS 5/19-15)
22 Sec. 19-15. Precinct tabulation optical scan technology
23 voting equipment and direct recording electronic voting
24 systems equipment.
25 If the election authority has adopted the use of Precinct
26 Tabulation Optical Scan Technology voting equipment pursuant
27 to Article 24B of this Code or Direct Recording Electronic
28 Voting Systems equipment under Article 24C, and the
29 provisions of those Articles the Article are in conflict with
30 the provisions of this Article 19, the provisions of Article
31 24B or Article 24C, as the case may be, shall govern the
32 procedures followed by the election authority, its judges of
33 elections, and all employees and agents. In following the
-17- LRB9103030MWgcam01
1 provisions of Article 24B or Article 24C, the election
2 authority is authorized to develop and implement procedures
3 to fully utilize Precinct Tabulation Optical Scan Technology
4 voting equipment or Direct Recording Electronic Voting
5 Systems equipment authorized by the State Board of Elections
6 as long as the procedure is not in conflict with either
7 Article 24B, Article 24C, or the administrative rules of the
8 State Board of Elections.
9 (Source: P.A. 89-394, eff. 1-1-97.)
10 (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
11 Sec. 20-2. Any member of the United States Service,
12 otherwise qualified to vote, who expects in the course of his
13 duties to be absent from the county in which he resides on
14 the day of holding any election may make application for an
15 absentee ballot to the election authority having jurisdiction
16 over his precinct of residence on the official postcard or on
17 a form furnished by the election authority as prescribed by
18 Section 20-3 of this Article not less than 10 days before the
19 election. A request pursuant to this Section shall entitle
20 the applicant to an absentee ballot for every election in one
21 calendar year. The original application for ballot shall be
22 kept in the office of the election authority for one year as
23 authorization to send a ballot to the voter for each election
24 to be held within that calendar year. A certified copy of
25 such application for ballot shall be sent each election with
26 the absentee ballot to the polling place to be used in lieu
27 of the original application for ballot. No registration shall
28 be required in order to vote pursuant to this Section.
29 Ballots under this Section shall be mailed by the
30 election authority in the manner prescribed by Section 20-5
31 of this Article and not otherwise. Ballots voted under this
32 Section must be returned to the election authority in
33 sufficient time for delivery (i) to the proper precinct
-18- LRB9103030MWgcam01
1 polling place before the closing of the polls on the day of
2 the election in jurisdictions that count absentee ballots in
3 the polling place or (ii) to the office of the election
4 authority before the closing of the polls in those
5 jurisdictions that count absentee ballots in the office of
6 the election authority.
7 (Source: P.A. 86-875.)
8 (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
9 Sec. 20-2.1. Citizens of the United States temporarily
10 residing outside the territorial limits of the United States
11 who are not registered but otherwise qualified to vote and
12 who expect to be absent from their county of residence during
13 the periods of voter registration provided for in Articles 4,
14 5 or 6 of this Code and on the day of holding any election,
15 may make simultaneous application to the election authority
16 having jurisdiction over their precinct of residence for an
17 absentee registration and absentee ballot not less than 30
18 days before the election. Such application may be made on the
19 official postcard or on a form furnished by the election
20 authority as prescribed by Section 20-3 of this Article. A
21 request pursuant to this Section shall entitle the applicant
22 to an absentee ballot for every election in one calendar
23 year. The original application for ballot shall be kept in
24 the office of the election authority for one year as
25 authorization to send a ballot to the voter for each election
26 to be held within that calendar year. A certified copy of
27 such application for ballot shall be sent each election with
28 the absentee ballot to the polling place to be used in lieu
29 of the original application for ballot.
30 Registration shall be required in order to vote pursuant
31 to this Section. However, if the election authority receives
32 one of such applications after 30 days but not less than 10
33 days before a Federal election, said applicant shall be sent
-19- LRB9103030MWgcam01
1 a ballot containing the Federal offices only and registration
2 for that election shall be waived.
3 Ballots under this Section shall be mailed by the
4 election authority in the manner prescribed by Section 20-5
5 of this Article and not otherwise.
6 Ballots under this Section must be returned to the
7 election authority in sufficient time for delivery (i) to the
8 proper precinct polling place before the closing of the polls
9 on the day of the election in those jurisdictions that count
10 absentee ballots in the polling place or (ii) to the office
11 of the election authority before the closing of the polls on
12 election day in those jurisdictions that count absentee
13 ballots in the office of the election authority.
14 (Source: P.A. 86-875.)
15 (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
16 Sec. 20-2.2. Any non-resident civilian citizen,
17 otherwise qualified to vote, may make application to the
18 election authority having jurisdiction over his precinct of
19 former residence for an absentee ballot containing the
20 Federal offices only not less than 10 days before a Federal
21 election. Such application may be made only on the official
22 postcard. A request pursuant to this Section shall entitle
23 the applicant to an absentee ballot for every election in one
24 calendar year at which Federal offices are filled. The
25 original application for ballot shall be kept in the office
26 of the election authority for one year as authorization to
27 send a ballot to the voter for each election to be held
28 within that calendar year at which Federal offices are
29 filled. A certified copy of such application for ballot
30 shall be sent each election with the absentee ballot to the
31 polling place to be used in lieu of the original application
32 for ballot. No registration shall be required in order to
33 vote pursuant to this Section. Ballots under this Section
-20- LRB9103030MWgcam01
1 shall be mailed by the election authority in the manner
2 prescribed by Section 20-5 of this Article and not otherwise.
3 Ballots under this Section must be returned to the election
4 authority in sufficient time for delivery (i) to the proper
5 precinct polling place before the closing of the polls on the
6 day of the election in those jurisdictions that count
7 absentee ballots in the polling place or (ii) to the office
8 of the election authority before the closing of the polls on
9 election day in those jurisdictions that count absentee
10 ballots in the office of the election authority.
11 (Source: P.A. 86-875.)
12 (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
13 Sec. 20-7. Upon receipt of such absent voter's ballot,
14 the officer or officers above described shall forthwith
15 enclose the same unopened, together with the application made
16 by said absent voter in a large or carrier envelope which
17 shall be securely sealed and endorsed with the name and
18 official title of such officer and the words, "This envelope
19 contains an absent voter's ballot and must be opened on
20 election day," together with the number and description of
21 the precinct in which said ballot is to be voted, and such
22 officer shall thereafter safely keep the same in his office
23 until counted by him as provided in this Article the next
24 section.
25 The election authority may choose (i) to deliver the
26 absentee ballots to the proper precinct polling place before
27 the close of the polls on the election day to be counted by
28 the precinct judges or (ii) to have the absentee ballots
29 counted in the office of the election authority by one or
30 more panels of election judges appointed in the manner
31 provided for in this Code and consisting of one judge from
32 each of the 2 leading established political parties in this
33 State.
-21- LRB9103030MWgcam01
1 (Source: P.A. 81-155.)
2 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
3 Sec. 20-8. (a) In election jurisdictions that count
4 absentee ballots in the polling place, this subsection shall
5 apply.
6 In case any such ballot is received by the election
7 authority prior to the delivery of the official ballots to
8 the judges of election of the precinct in which said elector
9 resides, such ballot envelope and application, sealed in the
10 carrier envelope, shall be enclosed in the same package with
11 the other official ballots and therewith delivered to the
12 judges of such precinct. In case the official ballots for
13 such precinct have been delivered to the judges of election
14 at the time of the receipt by the election authority of such
15 absent voter's ballot, it shall immediately enclose said
16 envelope containing the absent voter's ballot, together with
17 his application therefor, in a larger or carrier envelope
18 which shall be securely sealed and addressed on the face to
19 the judges of election, giving the name or number of
20 precinct, street and number of polling place, city or town in
21 which such absent voter is a qualified elector, and the
22 words, "This envelope contains an absent voter's ballot and
23 must be opened only on election day at the polls immediately
24 after the polls are closed," mailing the same, postage
25 prepaid, to such judges of election, or if more convenient he
26 or it may deliver such absent voter's ballot to the judges of
27 election in person or by duly deputized agent and secure his
28 receipt for delivery of such ballot or ballots. Absent
29 voter's ballots postmarked after 11:59 p.m. of the day
30 immediately preceding the election returned to the election
31 authority too late to be delivered to the proper polling
32 place before the closing of the polls on the day of election
33 shall be endorsed by the person receiving the same with the
-22- LRB9103030MWgcam01
1 day and hour of receipt and shall be safely kept unopened by
2 the election authority for the period of time required for
3 the preservation of ballots used at such election, and shall
4 then, without being opened, be destroyed in like manner as
5 the used ballots of such election.
6 (b) All absent voters' ballots received by the election
7 authority after 12:00 noon on election day or too late for
8 delivery to the proper polling place before the closing of
9 the polls on election day, except ballots returned by mail
10 postmarked after midnight preceding the opening of the polls
11 on election day, shall be counted in the office of the
12 election authority on the day of the election after 7:00 p.m.
13 All absent voters' ballots delivered in error to the wrong
14 precinct polling place shall be returned to the election
15 authority and counted under this provision.
16 Such counting shall commence no later than 8:00 p.m. and
17 shall be conducted by a panel or panels of election judges
18 appointed in the manner provided by law. Such counting shall
19 continue until all absent voters' ballots received as
20 aforesaid have been counted.
21 The procedures set forth in Section 19-9 of this Act and
22 Articles 17 and 18 of this Code, shall apply to all absent
23 voters' ballots counted under this provision; except that
24 votes shall be recorded without regard to precinct
25 designation.
26 Where certain absent voters' ballots are counted in the
27 office of the election authority as provided in this Section,
28 each political party, candidate and qualified civic
29 organization shall be entitled to have present one
30 pollwatcher for each panel of election judges therein
31 assigned.
32 (Source: P.A. 84-861.)
33 (10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
-23- LRB9103030MWgcam01
1 Sec. 20-9. At the close of the regular balloting and at
2 the close of the polls the judges of election of each voting
3 precinct or the panel or panels of judges in the office of
4 the election authority, as the case may be, shall proceed to
5 cast the absent voter's ballot separately, and as each absent
6 voter's ballot is taken shall open the outer or carrier
7 envelope, announce the absent voter's name, and compare the
8 signature upon the application with the signature upon the
9 registration record card if the voter is registered or upon
10 the certification on the ballot envelope if there is no
11 registration card. In case the judges find the certifications
12 properly executed, that the signatures correspond, that the
13 applicant is a duly qualified elector in the precinct and the
14 applicant has not been present and voted within the county
15 where he represents himself to be a qualified elector on such
16 election day, they shall open the envelope containing the
17 absent voter's ballot in such manner as not to deface or
18 destroy the certification thereon, or mark or tear the
19 ballots therein and take out the ballot or ballots therein
20 contained without unfolding or permitting the same to be
21 unfolded or examined, and having endorsed or initialed the
22 ballot in like manner as other ballots are required to be
23 endorsed, shall deposit the same in the proper ballot box or
24 boxes and mark the voter's registration record card
25 accordingly or file the application in lieu thereof. The
26 judges shall place the absentee ballot certification
27 envelopes in a separate envelope as per the direction of the
28 election authority. Such envelope containing the absentee
29 ballot certification envelopes shall be returned to the
30 election authority and preserved in like manner as the
31 official poll record.
32 In case the signatures do not correspond, or that the
33 applicant is not a duly qualified elector in such precinct or
34 that the ballot envelope is open or has been opened and
-24- LRB9103030MWgcam01
1 resealed (except for the purpose of military censorship), or
2 that said voter is present and has voted within the county
3 where he represents himself to be a qualified elector on the
4 day of such election at such election such previously cast
5 vote shall not be allowed, but without opening the absent
6 voter's envelope the judge of such election shall mark across
7 the face thereof, "Rejected", giving the reason therefor.
8 In case the ballot envelope contains duplicate ballots,
9 said ballots shall not be counted, but shall be marked
10 "Rejected", giving the reason therefor.
11 The absent voters' envelopes and certifications and the
12 absent voters' envelope with its contents unopened, when such
13 absent vote is rejected shall be retained and preserved in
14 the manner as now provided for the retention and preservation
15 of official ballots rejected at such election.
16 (Source: P.A. 87-1052.)
17 (10 ILCS 5/20-15)
18 Sec. 20-15. Precinct tabulation optical scan technology
19 voting equipment and direct recording electronic voting
20 systems equipment.
21 If the election authority has adopted the use of Precinct
22 Tabulation Optical Scan Technology voting equipment pursuant
23 to Article 24B of this Code or Direct Recording Electronic
24 Voting Systems equipment under Article 24C of this Code, and
25 the provisions of those Articles the Article are in conflict
26 with the provisions of this Article 20, the provisions of
27 Article 24B or Article 24C, as the case may be, shall govern
28 the procedures followed by the election authority, its judges
29 of elections, and all employees and agents. In following the
30 provisions of Article 24B or Article 24C, the election
31 authority is authorized to develop and implement procedures
32 to fully utilize Precinct Tabulation Optical Scan Technology
33 voting equipment or Direct Recording Electronic Voting
-25- LRB9103030MWgcam01
1 Systems equipment authorized by the State Board of Elections
2 as long as the procedure is not in conflict with either
3 Article 24B, Article 24C, or the administrative rules of the
4 State Board of Elections.
5 (Source: P.A. 89-394, eff. 1-1-97.)
6 (10 ILCS 5/24B-3)
7 Sec. 24B-3. Adoption, experimentation or abandonment of
8 Precinct Tabulation Optical Scan Technology system;
9 Boundaries of precincts; Notice. Except as otherwise
10 provided in this Section, any county board, board of county
11 commissioners and any board of election commissioners, with
12 respect to territory within its jurisdiction, may adopt,
13 experiment with, or abandon a Precinct Tabulation Optical
14 Scan Technology voting system approved for use by the State
15 Board of Elections and may use the Precinct Tabulation
16 Optical Scan Technology voting system in all or some of the
17 precincts within its jurisdiction, or in combination with
18 paper ballots or voting machines. Any county board, board of
19 county commissioners or board of election commissioners may
20 contract for the tabulation of votes at a location outside
21 its territorial jurisdiction when there is no suitable
22 tabulating equipment available within its territorial
23 jurisdiction. In no case may a county board, board of county
24 commissioners or board of election commissioners contract or
25 arrange for the purchase, lease or loan of an electronic
26 Precinct Tabulation Optical Scan Technology voting system or
27 Precinct Tabulation Optical Scan Technology voting system
28 component without the approval of the State Board of
29 Elections as provided by Section 24B-16. However, the county
30 board and board of county commissioners of each county having
31 a population of 40,000 or more, with respect to all elections
32 for which the county board or the county clerk is charged
33 with the duty of providing materials and supplies, and each
-26- LRB9103030MWgcam01
1 board of election commissioners in a municipality having a
2 population of 40,000 or more, with respect to elections under
3 its jurisdiction, must provide either Precinct Tabulation
4 Optical Scan Technology voting systems approved for use by
5 the State Board of Elections under this Article or voting
6 systems under Article 24A, Article 24C, or Article 24 for
7 each precinct for all such elections except as provided in
8 Section 24-1.2. For purposes of this Section 24B-3, the term
9 "population" does not include persons prohibited from voting
10 by Section 3-5 of this Code.
11 Before any such Precinct Tabulation Optical Scan
12 Technology system is introduced, adopted or used in any
13 precinct or territory at least 2 months public notice must be
14 given before the date of the first election where the
15 Precinct Tabulation Optical Scan Technology voting system is
16 to be used. The election authority shall publish the notice
17 at least once in one or more newspapers published within the
18 county, or other jurisdiction, where the election is held.
19 If there is no such newspaper, the notice shall be published
20 in a newspaper published in the county and having a general
21 circulation within such jurisdiction. The notice shall be
22 substantially as follows:
23 Notice is hereby given that on ....(give date)...., at
24 ....(give place where election is held).... in the county of
25 ...., an election will be held for ....(give name of offices
26 to be filled).... at which a Precinct Tabulation Optical Scan
27 Technology electronic voting system will be used.
28 Dated at.... on (insert date). this .... day of ....
29 19....
30 This notice referred to shall be given only at the first
31 election at which the Precinct Tabulation Optical Scan
32 Technology voting machines or Precinct Tabulation Optical
33 Scan Technology voting systems are used.
34 (Source: P.A. 89-394, eff. 1-1-97; revised 10-20-98.)
-27- LRB9103030MWgcam01
1 (10 ILCS 5/Art. 24C heading new)
2 ARTICLE 24C. DIRECT RECORDING
3 ELECTRONIC VOTING SYSTEMS
4 (10 ILCS 5/24C-1 new)
5 Sec. 24C-1. Purpose. The purpose of this Article is to
6 authorize the use of Direct Recording Electronic Voting
7 Systems approved by the State Board of Elections. In a
8 Direct Recording Electronic Voting System, voters cast votes
9 by means of a ballot display provided with mechanical or
10 electro-optical devices that can be activated by the voters
11 to mark their choices for the candidates of their preference
12 and for or against public questions. The voting devices shall
13 be capable of instantaneously recording the votes, storing
14 the votes, and tabulating the votes at the precinct or at one
15 or more counting stations. This Article does not apply to
16 voting systems without voting defect identification
17 technology capability. This Article authorizes the use of
18 Direct Recording Electronic Voting Systems for both central
19 counting and in-precinct counting applications.
20 (10 ILCS 5/24C-2 new)
21 Sec. 24C-2. Definitions. As used in this Article:
22 "Audit trail" means a continuous trail of evidence
23 linking individual transactions related to the vote count
24 with the summary record of vote totals, but that shall not
25 allow for the identification of the voter. It shall permit
26 verification of the accuracy of the count and detection and
27 correction of problems and shall provide a record of each
28 step taken in: defining and producing ballots and generating
29 related software for specific elections; installing ballots
30 and software; testing system readiness; casting and
31 tabulating ballots; and producing reports of vote totals.
32 The record shall incorporate system status and error messages
-28- LRB9103030MWgcam01
1 generated during election processing, including a log of
2 machine activities and routine and unusual intervention by
3 authorized and unauthorized individuals. Also part of an
4 election audit trail is the documentation of such items as
5 ballots delivered and collected, administrative procedures
6 for system security, pre-election testing of voting systems,
7 and maintenance performed on voting equipment.
8 "Ballot" means an electronic audio or video display or
9 any other medium used to record a voter's choices for the
10 candidates of his or her preference and for or against public
11 questions.
12 "Ballot configuration" means the particular combination
13 of political subdivision or district ballots including, for
14 each political subdivision or district, the particular
15 combination of offices, candidate names, and public questions
16 as they appear for each group of voters who may cast the same
17 ballot.
18 "Ballot image" means a corresponding representation in
19 electronic form of the mark or vote position of a ballot.
20 "Ballot label" or "ballot screen" means the display of
21 material containing the names of offices and candidates and
22 public questions to be voted on.
23 "Central counting" means the counting of ballots in one
24 or more locations selected by the election authority for the
25 processing, counting, or both, of ballots. A location for
26 central counting shall be within the territorial jurisdiction
27 of the election authority unless there is no suitable
28 tabulating equipment available within its territorial
29 jurisdiction, provided, that in any event a counting location
30 shall be within this State.
31 "Computer", "automatic tabulating equipment", or
32 "equipment" includes (i) apparatus necessary to automatically
33 examine and count votes as designated on ballots and (ii)
34 data processing machines that can be used for counting
-29- LRB9103030MWgcam01
1 ballots and tabulating results.
2 "Computer operator" means any person or persons
3 designated by the election authority to operate the automatic
4 tabulating equipment during any portion of the vote tallying
5 process in an election, but shall not include judges of
6 election operating vote tabulating equipment in the precinct.
7 "Computer program" or "program" means the set of
8 operating instructions for the automatic tabulating equipment
9 that examines, records, counts, tabulates, canvasses, and
10 prints votes recorded by a voter on a ballot.
11 "Direct recording electronic voting system", "voting
12 system", or "system" means the combination of equipment and
13 programs that records votes by means of a ballot display
14 provided with mechanical or electro-optical devices that can
15 be activated by the voter, that processes the data by means
16 of a computer program, that records voting data and ballot
17 images in internal memory devices, and that produces a
18 tabulation of the voting data as hard copy or stored in a
19 removable memory device.
20 "Edit listing" means a computer generated listing of the
21 names of each candidate and public question as they appear in
22 the program for each precinct.
23 "In-precinct counting" means the recording and counting
24 of ballots on automatic tabulating equipment provided by the
25 election authority in the same precinct polling place in
26 which those ballots have been cast.
27 "Marking device" means a pen or similar device approved
28 by the State Board of Elections for marking a ballot so as to
29 enable the ballot to be recorded, counted, and tabulated by
30 automatic tabulating equipment.
31 "Redundant count" means a verification of the original
32 computer count of ballots by another count using compatible
33 equipment or other means as part of a discovery recount.
34 "Separate ballot" means a separate page or display screen
-30- LRB9103030MWgcam01
1 of the ballot that is clearly defined and distinguishable
2 from other portions of the ballot.
3 "Voting defect identification" means the capability to
4 detect overvoted ballots or ballots that cannot be read by
5 the automatic tabulating equipment.
6 "Voting defect" means an overvoted ballot or a ballot
7 that cannot be read by the automatic tabulating equipment.
8 "Voting device" or "voting machine" means an apparatus
9 that contains the ballot label or ballot screen and allows
10 the voter to record his or her vote.
11 (10 ILCS 5/24C-3 new)
12 Sec. 24C-3. Adoption, experimentation, or abandonment of
13 Direct Recording Electronic Voting System; boundaries of
14 precincts; notice. Except as otherwise provided in this
15 Section, any county board, board of county commissioners, or
16 board of election commissioners, with respect to territory
17 within its jurisdiction, may adopt, experiment with, or
18 abandon a Direct Recording Electronic Voting System approved
19 for use by the State Board of Elections and may use the
20 system in all or some of the precincts within its
21 jurisdiction, or in combination with paper ballots or voting
22 machines. Any county board, board of county commissioners,
23 or board of election commissioners may contract for the
24 tabulation of votes at a location outside its territorial
25 jurisdiction when there is no suitable tabulating equipment
26 available within its territorial jurisdiction. In no case
27 may a county board, board of county commissioners, or board
28 of election commissioners contract or arrange for the
29 purchase, lease, or loan of a Direct Recording Electronic
30 Voting System or system component without the approval of the
31 State Board of Elections as provided by Section 24C-16. The
32 county board and board of county commissioners of each county
33 having a population of 40,000 or more, with respect to all
-31- LRB9103030MWgcam01
1 elections for which the county board or the county clerk is
2 charged with the duty of providing materials and supplies,
3 and each board of election commissioners in a municipality
4 having a population of 40,000 or more, with respect to
5 elections under its jurisdiction, must provide either a
6 Direct Recording Electronic Voting System approved for use by
7 the State Board of Elections under this Article or voting
8 systems under Article 24, Article 24A, or Article 24B for
9 each precinct for all elections, except as provided in
10 Section 24-1.2. For purposes of this Section "population"
11 does not include persons prohibited from voting by Section
12 3-5 of this Code.
13 Before any Direct Recording Electronic Voting System is
14 introduced, adopted, or used in any precinct or territory, at
15 least 2 months public notice must be given before the date of
16 the first election when the system is to be used. The
17 election authority shall publish the notice at least once in
18 one or more newspapers published within the county, or other
19 jurisdiction, where the election is held. If there is no
20 such newspaper, the notice shall be published in a newspaper
21 published in the county and having a general circulation
22 within the jurisdiction. The notice shall be substantially
23 as follows:
24 "Notice is hereby given that on (give date), at (insert
25 place where election is held) in the county of (insert
26 county) an election will be held for (insert name of offices
27 to be filled) at which a Direct Recording Electronic Voting
28 System will be used."
29 Dated at ... (insert date)"
30 This notice referred to shall be given only at the first
31 election at which the Direct Recording Electronic Voting
32 System is used.
33 (10 ILCS 5/24C-3.1 new)
-32- LRB9103030MWgcam01
1 Sec. 24C-3.1. Retention, consolidation, or alteration of
2 existing precincts; change of location. When a Direct
3 Recording Electronic Voting System is used, the county board
4 or board of election commissioners may retain existing
5 precincts or may consolidate, combine, alter, decrease, or
6 enlarge the boundaries of the precincts to change the number
7 of registered voters of the precincts using the system,
8 establishing the number of registered voters within each
9 precinct at a number not to exceed 800 as the appropriate
10 county board or board of election commissioners determines
11 will afford adequate voting facilities and efficient and
12 economical elections.
13 Except in the event of a fire, flood, or total loss of
14 heat in a place fixed or established pursuant to law by any
15 county board or board of election commissioners as a polling
16 place for an election, no election authority shall change the
17 location of a polling place established for any precinct
18 after notice of the place of holding the election for that
19 precinct has been given as required under Article 12, unless
20 the election authority notifies all registered voters in the
21 precinct of the change in location by first class mail in
22 sufficient time for the notice to be received by the
23 registered voters in the precinct at least one day prior to
24 the date of the election.
25 (10 ILCS 5/24C-4 new)
26 Sec. 24C-4. Use of Direct Recording Electronic Voting
27 System; requisites; applicable procedure. Direct Recording
28 Electronic Voting Systems may be used in elections provided
29 that the systems enable the voter to cast a vote for all
30 offices and on all public questions for which he or she is
31 entitled to vote, and that the systems have the capability to
32 detect and identify voting defects and to notify the voter of
33 any defects, and provided further that the systems are
-33- LRB9103030MWgcam01
1 approved for use by the State Board of Elections.
2 So far as applicable, the procedure provided for voting
3 paper ballots shall apply when Direct Recording Electronic
4 Voting Systems are used. The provisions of this Article 24C
5 will govern when there are conflicts.
6 (10 ILCS 5/24C-5 new)
7 Sec. 24C-5. Voting booths. In precincts where a Direct
8 Recording Electronic Voting System is used, a sufficient
9 number of voting booths shall be provided for the use of the
10 system according to the requirements determined by the State
11 Board of Elections. Each booth shall be placed so that the
12 entrance to each booth faces a wall in a manner that no judge
13 of election or pollwatcher is able to observe a voter casting
14 a ballot.
15 (10 ILCS 5/24C-5.1 new)
16 Sec. 24C-5.1. Instruction of voters. Before entering the
17 voting booth each voter shall be offered instruction in using
18 the Direct Recording Electronic Voting System. In
19 instructing voters, no precinct official may show partiality
20 to any political party or candidate. The duties of
21 instruction shall be discharged by a judge from each of the
22 political parties represented and they shall alternate
23 serving as instructor so that each judge shall serve a like
24 time at those duties. No instructions may be given after the
25 voter has entered the voting booth.
26 No precinct official or person assisting a voter may in
27 any manner request, suggest, or seek to persuade or induce
28 any voter to cast his or her vote for any particular ticket,
29 candidate, amendment, question, or proposition. All
30 instructions shall be given by precinct officials in a manner
31 that it may be observed by other persons in the polling
32 place.
-34- LRB9103030MWgcam01
1 (10 ILCS 5/24C-5.2 new)
2 Sec. 24C-5.2. Demonstration of Direct Recording
3 Electronic Voting System; placement in public library. When
4 a Direct Recording Electronic Voting System is to be used in
5 a forthcoming election, the election authority may provide,
6 for the purpose of instructing voters in the election, one
7 demonstrator Direct Recording Electronic Voting System unit
8 for placement in any public library within the political
9 subdivision where the election occurs. If the placement of a
10 demonstrator takes place it shall be made available at least
11 30 days before the election.
12 (10 ILCS 5/24C-6 new)
13 Sec. 24C-6. Ballot information; arrangement; absentee
14 ballots; spoiled ballots. The ballot information shall, as
15 far as practicable, be in the order of arrangement provided
16 for paper ballots, except that the information may be in
17 vertical or horizontal rows or on a number of separate pages
18 or display screens.
19 Ballots for all public questions to be voted on should be
20 provided in a similar manner and must be arranged on the
21 ballot in the places provided for those purposes. All public
22 questions, including but not limited to public questions
23 calling for a constitutional convention, constitutional
24 amendment, or judicial retention, shall be placed on the
25 ballot separate and apart from candidates. Ballots for all
26 public questions shall be clearly designated by borders or
27 different color screens. More than one amendment to the
28 constitution may be placed on the same portion of the ballot
29 sheet. Constitutional convention or constitutional amendment
30 propositions shall be placed on a separate portion of the
31 ballot and designated by borders or unique color screens,
32 unless otherwise provided by administrative rule of the State
33 Board of Elections. More than one public question may be
-35- LRB9103030MWgcam01
1 placed on the same portion of the ballot. More than one
2 proposition for retention of judges in office may be placed
3 on the same portion of the ballot.
4 Below the name of the last candidate listed for an office
5 shall be a space or spaces in which the name of a candidate
6 or candidates may be written in or recorded by the voter. The
7 number of write-in lines for an office shall equal the number
8 of candidates for which a voter may vote.
9 The party affiliation, if any, of each candidate or the
10 word "independent", where applicable, shall appear near or
11 under the candidate's name, and the names of candidates for
12 the same office shall be listed vertically under the title of
13 that office. In the case of nonpartisan elections for
14 officers of political subdivisions, unless the statute or an
15 ordinance adopted pursuant to Article VII of the Illinois
16 Constitution requires otherwise, the listing of nonpartisan
17 candidates shall not include any party or "independent"
18 designation. In primary elections, a separate ballot, shall
19 be used for each political party holding a primary, with the
20 ballot arranged to include names of the candidates of the
21 party and public questions and other propositions to be voted
22 upon on the day of the primary election.
23 If the ballot includes both candidates for office and
24 public questions or propositions to be voted on, the election
25 official in charge of the election shall divide the ballot in
26 sections for "Candidates" and "Public Questions", or separate
27 ballots may be used.
28 Any election authority using a Direct Recording
29 Electronic Voting System may use voting systems approved for
30 use under Articles 24A or 24B of this Code in conducting
31 absentee voting in the office of the election authority or
32 voted by mail.
33 Any voter who spoils his or her ballot, makes an error,
34 or has a ballot rejected by the automatic tabulating
-36- LRB9103030MWgcam01
1 equipment shall be provided a means of correcting the ballot
2 or obtaining a new ballot prior to leaving the polling place.
3
4 (10 ILCS 5/24C-6.1 new)
5 Sec. 24C-6.1. Security designation. In all elections
6 conducted under this Article, ballots shall have a security
7 designation. In precincts where more than one ballot
8 configuration may be voted upon, ballots shall have a
9 different security designation for each ballot configuration.
10 If a precinct has only one possible ballot configuration, the
11 ballots must have a security designation to identify the
12 precinct and the election. Where ballots from more than one
13 precinct are being tabulated, the ballots from each precinct
14 must be clearly identified; official results shall not be
15 generated unless the precinct identification for any precinct
16 corresponds. When the tabulating equipment being used
17 requires entering the program immediately before tabulating
18 the ballots for each precinct, the precinct program may be
19 used. The Direct Recording Electronic Voting System shall be
20 designed to ensure that the proper ballot is selected for
21 each polling place and that the format can be matched to the
22 software or firmware required to interpret it correctly. The
23 system shall provide a means of programming each piece of
24 equipment to reflect the ballot requirements of the election
25 and shall include a means for validating the correctness of
26 the program and of the program's installation in the
27 equipment or in a programmable memory devide.
28 (10 ILCS 5/24C-7 new)
29 Sec. 24C-7. Write-in ballots. A Direct Recording
30 Electronic Voting System shall provide an acceptable method
31 for a voter to vote for a person whose name does not appear
32 on the ballot using the same apparatus used to record votes
-37- LRB9103030MWgcam01
1 for candidates whose name do appear on the ballot. Election
2 authorities utilizing Direct Recording Electronic Voting
3 Systems shall not use separate write-in ballots.
4 (10 ILCS 5/24C-8 new)
5 Sec. 24C-8. Preparation for use; comparison of ballots;
6 operational checks of Direct Recording Electronic Voting
7 Systems equipment; pollwatchers. The county clerk or board
8 of election commissioners shall cause the approved Direct
9 Recording Electronic Voting System equipment to be delivered
10 to the polling places. Before the opening of the polls, all
11 Direct Recording Electronic Voting System devices shall
12 provide a printed record of the following, upon verification
13 of the authenticity of the commands by a judge of election:
14 the election's identification data, the equipment's unit
15 identification, the ballot's format identification, the
16 contents of each active candidate register by office and of
17 each active public question register showing that they
18 contain all zeros, all ballot fields that can be used to
19 invoke special voting options, and other information needed
20 to ensure the readiness of the equipment, and to accommodate
21 administrative reporting requirements.
22 The Direct Recording Electronic Voting System shall
23 provide a means of opening the polling place and readying the
24 equipment for the casting of ballots. Those means shall
25 incorporate a security seal, a password, or a data code
26 recognition capability to prevent inadvertent or unauthorized
27 actuation of the poll-opening function. If more than one
28 step is required, it shall enforce their execution in the
29 proper sequence.
30 Pollwatchers as provided by law shall be permitted to
31 closely observe the judges in these procedures and to
32 periodically inspect the Direct Recording Electronic Voting
33 System equipment when not in use by the voters.
-38- LRB9103030MWgcam01
1 (10 ILCS 5/24C-9 new)
2 Sec. 24C-9. Testing of Direct Recording Electronic Voting
3 System equipment and programs; custody of programs, test
4 materials, and ballots. Prior to the public test, the
5 election authority shall conduct an errorless pre-test of the
6 Direct Recording Electronic Voting System equipment and
7 programs to determine that they will correctly detect voting
8 defects and count the votes cast for all offices and all
9 public questions. On any day not less than 5 days prior to
10 the election day, the election authority shall publicly test
11 the Direct Recording Electronic Voting System equipment and
12 programs to determine that they will correctly detect voting
13 defects and count the votes cast for all offices and on all
14 public questions. Public notice of the time and place of the
15 test shall be given at least 48 hours before the test by
16 publishing the notice in one or more newspapers within the
17 election jurisdiction of the election authority, if a
18 newspaper is published in that jurisdiction. If a newspaper
19 is not published in that jurisdiction, notice shall be
20 published in a newspaper of general circulation in that
21 jurisdiction. Timely written notice stating the date, time,
22 and location of the public test shall also be provided to the
23 State Board of Elections. The test shall be open to
24 representatives of the political parties, the press,
25 representatives of the State Board of Elections, and the
26 public. The test shall be conducted by entering a preaudited
27 group of ballots marked to record a predetermined number of
28 valid votes for each candidate and on each public question,
29 and shall include for each office one or more ballots having
30 votes exceeding the number allowed by law to test the ability
31 of the automatic tabulating equipment to reject the votes.
32 The test shall also include producing an edit listing. In
33 those election jurisdictions where in-precinct counting
34 equipment is used, a public test of both the equipment and
-39- LRB9103030MWgcam01
1 program shall be conducted as nearly as possible in the
2 manner prescribed above.
3 The State Board of Elections may select as many election
4 jurisdictions that the Board deems advisable in the interests
5 of the election process of this State to order a special test
6 of the automatic tabulating equipment and program before any
7 regular election. The Board may order a special test in any
8 election jurisdiction where, during the preceding 12 months,
9 computer programming errors or other errors in the use of the
10 system resulted in vote tabulation errors. Not less than 30
11 days before any election, the State Board of Elections shall
12 provide written notice to those selected jurisdictions of its
13 intent to conduct a test. Within 5 days of receipt of the
14 State Board of Elections' written notice of intent to conduct
15 a test, the selected jurisdictions shall forward to the
16 principal office of the State Board of Elections a copy of
17 all specimen ballots. The State Board of Elections' tests
18 shall be conducted and completed not less than 2 days before
19 the public test using testing materials supplied by the Board
20 and under the supervision of the Board, and the Board shall
21 reimburse the election authority for the reasonable cost of
22 computer time required to conduct the special test. After an
23 errorless test, materials used in the public test, including
24 the program, if appropriate, shall be sealed and remain
25 sealed until the test is run again on election day. If any
26 error is detected, the cause of the error shall be determined
27 and corrected, and an errorless public test shall be made
28 before the automatic tabulating equipment is approved. Each
29 election authority shall file a sealed copy of each tested
30 program to be used within its jurisdiction at an election
31 with the State Board of Elections before the election. The
32 Board shall secure the program or programs of each election
33 jurisdiction so filed in its office for the 60 days following
34 the canvass and proclamation of election results. At the
-40- LRB9103030MWgcam01
1 expiration of that time, if no election contest or appeal is
2 pending in an election jurisdiction, the Board shall return
3 the sealed program or programs to the election authority of
4 the jurisdiction. Except where in-precinct counting
5 equipment is used, the test shall be repeated immediately
6 before the start of the official counting of the ballots, in
7 the same manner as set forth above. After the completion of
8 the count, the test shall be re-run using the same program.
9 Immediately after the re-run, all material used in testing
10 the program and the programs shall be sealed and retained
11 under the custody of the election authority for a period of
12 60 days. At the expiration of that time the election
13 authority shall destroy the voted ballots, together with all
14 unused ballots returned from the precincts, provided, that if
15 any contest of election is pending at the time in which the
16 ballots may be required as evidence and the election
17 authority has notice of the contest, the ballots shall not be
18 destroyed until after the contest is finally determined. If
19 the use of back-up equipment becomes necessary, the same
20 testing required for the original equipment shall be
21 conducted.
22 (10 ILCS 5/24C-10 new)
23 Sec. 24C-10. Recording of votes by Direct Recording
24 Electronic Voting Systems. Whenever a Direct Recording
25 Electronic Voting System is used to automatically record and
26 count the votes on ballots, the provisions of this Section
27 shall apply. A voter shall cast a proper vote on a ballot by
28 marking the designated area for the casting of a vote for any
29 party or candidate or for or against any public question.
30 For this purpose, a mark is an intentional selection of the
31 designated area on the ballot by appropriate means and that
32 is not otherwise an identifying mark.
-41- LRB9103030MWgcam01
1 (10 ILCS 5/24C-11 new)
2 Sec. 24C-11. Functional requirements. In an election
3 jurisdiction which has adopted a Direct Recording Electronic
4 Voting System, the system shall, in addition to satisfying
5 the other requirements of this Article, perform the following
6 functions:
7 (1) Provide a voter in a primary election with the
8 means of casting a ballot containing votes for any and
9 all candidates of the party or parties of his or her
10 choice, and for any and all non-partisan candidates and
11 public questions. In a general election, the system
12 shall provide the voter with means of selecting the
13 appropriate number of candidates for any office and of
14 voting on any public question on the ballot for which he
15 or she is entitled to vote.
16 (2) If a voter is not entitled to vote for
17 particular candidates or public questions appearing on
18 the ballot, the system shall prevent the selections of
19 the prohibited votes.
20 (3) Once the voter has selected a proper ballot,
21 the system devices shall provide a means of enabling the
22 recording of votes and the casting of the ballot.
23 (4) System voting devices shall provide labels
24 indicating the names of every candidate and the text of
25 every public question on the voter's ballot. Each label
26 shall identify the selection button or switch or the
27 active area of the ballot associated with it. The
28 devices shall enable the voter to vote for any and all
29 candidates and public questions appearing on the ballot
30 in any legal number and combination. The voter shall be
31 able to delete or change his or her selections before the
32 ballot is cast. A means shall be provided to indicate
33 each selection after it has been made or canceled.
34 (5) System voting devices shall provide a means for
-42- LRB9103030MWgcam01
1 the voter to signify that the selection of candidates and
2 public questions has been completed. Upon activation,
3 the system shall record an image of the completed ballot,
4 shall increment the proper ballot position registers, and
5 shall signify to the voter that the ballot has been cast.
6 The system shall then prevent any further attempt to vote
7 until it has been reset or re-enabled by a judge of
8 election.
9 (6) Each system voting device shall be equipped
10 with a public counter that can be set to zero prior to
11 the opening of the polling place and that records the
12 number of ballots cast during that particular election.
13 The counter shall be incremented only by the casting of a
14 ballot. The counter shall be designed to prevent
15 disabling or resetting by other than authorized persons
16 after the polls close. The counter shall be visible to
17 all judges of election so long as the device is installed
18 at the polling place.
19 (7) Each system voting device shall be equipped
20 with a protective counter that records all of the testing
21 and election ballots cast since the unit was built. This
22 counter shall be designed so that its reading cannot be
23 changed by any cause other than the casting of a ballot.
24 The protective counter shall be incapable of ever being
25 reset and shall be visible at all times when the device
26 is configured for testing, maintenance, or election use.
27 (8) All system devices shall provide a means of
28 preventing further voting once the polling place has
29 closed and after all eligible voters have voted. The
30 means of control shall incorporate a visible indication
31 of system status. The device shall preclude the
32 re-opening once the poll closing has been completed for
33 that election.
34 (9) The system shall produce a printed summary
-43- LRB9103030MWgcam01
1 report of the votes cast upon each voting device. Until
2 the proper sequence of events associated with closing the
3 polling place has been completed, the system shall not
4 allow the printing of a report or the extraction of data.
5 The printed report shall also contain all system audit
6 information required by the election authority. Data
7 shall not be altered or otherwise destroyed by report
8 generation and the system shall ensure the integrity and
9 security of data for a period of at least 6 months after
10 the polls close.
11 (10) If more than one voting device is used in a
12 polling place, the system shall provide a means to
13 manually or electronically consolidate the data from all
14 such units into a single report even if different voting
15 systems are used to record absentee ballots.
16 (11) System functions shall be implemented such
17 that unauthorized access to them is prevented and the
18 execution of authorized functions in an improper sequence
19 is precluded. System functions shall be executable only
20 in the intended manner and order and only under the
21 intended conditions. If the preconditions to a system
22 function have not been met, the function shall be
23 precluded from executing by the system's control logic.
24 (12) All system voting devices shall incorporate at
25 least 3 memories in the machine itself and in its
26 programmable memory devices.
27 (13) The system shall include capabilities of
28 recording and reporting the date and time of normal and
29 abnormal events and of maintaining a permanent record of
30 audit information that cannot be turned off. Provisions
31 shall be made to detect and record significant events
32 (e.g., casting a ballot, error conditions that cannot be
33 disposed of by the system itself, time-dependent or
34 programmed events that occur without the intervention of
-44- LRB9103030MWgcam01
1 the voter or a judge of election).
2 (14) The system must maintain an image of each
3 ballot that is cast such that records of individual
4 ballots are maintained by a subsystem independent and
5 distinct from the main vote detection, interpretation,
6 processing, and reporting path. The electronic images of
7 each ballot must protect the integrity of the data and
8 the anonymity of each voter, for example, by means of
9 storage location scrambling. The ballot image records
10 may be either machine-readable, manually transcribed, or
11 both, at the discretion of the election authority.
12 (15) The system shall include built-in test,
13 measurement, and diagnostic software and hardware for
14 detecting and reporting the system's status and degree of
15 operability.
16 (16) The system shall contain provisions for
17 maintaining the integrity of memory voting and audit data
18 during an election and for a period of at least 6 months
19 thereafter and shall provide the means for creating an
20 audit trail.
21 (17) The system shall be designed to permit blind
22 or visually impaired voters, as well as physically
23 disabled voters, to exercise their right to vote in
24 private and without assistance.
25 (10 ILCS 5/24C-12 new)
26 Sec. 24C-12. Procedures for counting and tallying of
27 ballots. In an election jurisdiction where a Direct Recording
28 Electronic Voting System is used, the procedures in this
29 Section for counting and tallying the ballots shall apply.
30 Before the opening of the polls, the judges of elections
31 shall assemble the voting equipment and devices and turn the
32 equipment on. The judges shall, if necessary, take steps to
33 actuate the voting devices and counting equipment by
-45- LRB9103030MWgcam01
1 inserting into the equipment and voting devices appropriate
2 data cards containing passwords and data codes that will
3 select the proper ballot formats for that polling place and
4 that will prevent inadvertent or unauthorized actuation of
5 the poll-opening function. Before voting begins and before
6 ballots are entered into the voting devices, the judges of
7 election shall cause to be printed a record of the following:
8 (i) the election's identification data, (ii) the device's
9 unit identification, (iii) the ballot's format
10 identification, (iv) the contents of each active candidate
11 register by office and of each active public question
12 register showing that they contain all zeros, (v) all ballot
13 fields that can be used to invoke special voting options, and
14 (vi) other information needed to ensure the readiness of the
15 equipment and to accommodate administrative reporting
16 requirements. The judges must also check to be sure that the
17 totals are all zeros in the counting columns and in the
18 public counter affixed to the voting devices.
19 After the judges have determined that a person is
20 qualified to vote, the judges shall enable a voting device to
21 be used by the voter and the proper ballot to which the voter
22 is entitled shall be selected. The ballot may then be cast
23 by the voter by marking by appropriate means the designated
24 area of the ballot for the casting of a vote for any
25 candidate or for or against any public question. The voter
26 shall be able to vote for any and all candidates and public
27 measures appearing on the ballot in any legal number and
28 combination and the voter shall be able to delete or change
29 his or her selections before the ballot is cast. The voter
30 shall be able to select candidates whose names do not appear
31 upon the ballot for any office by entering electronically as
32 many names of candidates as the voter is entitled to select
33 for each office.
34 Upon completing his or her selection of candidates or
-46- LRB9103030MWgcam01
1 public questions, the voter shall signify that voting has
2 been completed by activating the appropriate button, switch,
3 or active area of the ballot screen associated with end of
4 voting. Upon activation, the voting system shall record an
5 image of the completed ballot, shall increment the proper
6 ballot position registers, and shall signify to the voter
7 that the ballot has been cast. The voter shall exit the
8 voting station and the voting system shall prevent any
9 further attempt to vote until it has been re-activated by the
10 judges of election.
11 Throughout the election day and before the closing of the
12 polls, no person may check any vote totals for any candidate
13 or public question on the voting or counting equipment. The
14 equipment shall be programmed so that no person may reset the
15 equipment for reentry of ballots unless provided a code from
16 an authorized representative of the election authority.
17 In election jurisdictions that deliver absentee ballots
18 to the precinct polling place to be counted by the precinct
19 judges of election, the absentee ballots shall be examined
20 immediately after the closing of the polls by the precinct
21 judges of election to determine that the ballots comply with
22 Sections 19-9 and 20-9 of this Code and are entitled to be
23 counted and deposited in the ballot box. Those ballots
24 entitled to be counted shall be initialed by the precinct
25 judges of election and deposited in the ballot box. Those
26 not entitled to be counted and deposited in the ballot box
27 shall be marked "Rejected" and disposed of as provided in
28 Sections 19-9 and 20-9.
29 The precinct judges of election shall then open the
30 ballot box and count the number of absentee ballots therein
31 to determine if the number agrees with the number of absent
32 voters voting as shown by the applications for absentee
33 ballot or, if the same do not agree, the judges shall make
34 the ballots agree with the applications for absentee ballot
-47- LRB9103030MWgcam01
1 in the manner provided by Section 17-18 of the Code. The
2 judges of election shall then examine all absentee ballots in
3 the ballot box to determine whether the ballots, including
4 ballot card envelopes where applicable, contain the initials
5 of a precinct judge of election. If any ballot or ballot
6 card envelope is not initialed, it shall be marked on the
7 back "Defective", initialed by all judges immediately under
8 the word "Defective", and not counted. The judges of
9 election shall place an initialed blank official ballot in
10 the place of the defective ballot so that the count of the
11 ballots to be counted will be the same, and each "Defective
12 Ballot" and "Replacement" ballot shall contain the same
13 serial number which shall be placed thereon by the judges of
14 election, commencing with number 1 and continuing
15 consecutively for the ballots of that kind in that precinct.
16 The original "Defective" ballot shall be placed in the
17 "Defective Ballot Envelope" provided for that purpose.
18 The judges of election shall then examine all absentee
19 ballots entitled to be counted for write-in votes. When the
20 voter has cast a write-in vote, the judges of election shall
21 compare the write-in vote with the votes on the ballot to
22 determine whether the write-in results in an overvote for any
23 office. In case of an overvote for any office, the judges of
24 election, consisting in each case of at least one judge of
25 election of each of the 2 major political parties, shall make
26 a true duplicate ballot of all votes on the ballot except for
27 the office which is overvoted. The original ballot upon
28 which there is an overvote shall be clearly labeled
29 "Overvoted Ballot", and each such "Overvoted Ballot" as well
30 as its "Replacement" shall contain the same serial number
31 which shall be placed thereon by the judges of election,
32 commencing with number 1 and continuing consecutively for the
33 ballots of that kind in that precinct. The "Overvoted Ballot"
34 shall be placed in an envelope provided for that purpose
-48- LRB9103030MWgcam01
1 labeled "Duplicate Ballot" envelope and the judges of
2 election shall initial the "Replacement" ballots and shall
3 place them with the other ballots to be counted. Absentee
4 ballots containing write-in votes marked in the place
5 designated therefor and containing the initials of a precinct
6 judge of election and not resulting in an overvote and
7 otherwise complying with the election laws as to marking
8 shall be counted.
9 If the election jurisdiction chooses to count absentee
10 ballots using Direct Recording Electronic Voting System
11 voting devices, the judges of election, consisting in each
12 case of at least one judge of election of each of the 2 major
13 political parties, shall make the true duplicate of the
14 ballot by transferring all votes other than overvotes into
15 the Direct Recording Electronic Voting System voting devices.
16 If the election jurisdiction chooses to count absentee
17 ballots using equipment of a system other than a Direct
18 Recording Electronic Voting System, the judges of election
19 shall count those ballots in accordance with the provisions
20 of Article 24A or 24B of this Code, as the case may be. The
21 judges of election shall then deposit such absentee ballots
22 in the ballot box.
23 If any absentee ballot is to be counted using equipment
24 of a system other than a Direct Recording Electronic Voting
25 System and is damaged or defective so that it cannot properly
26 be counted by the equipment, the judges of election,
27 consisting in each case of at least one judge of election of
28 each of the 2 major political parties, shall make a true
29 duplicate ballot of all votes on the ballot in accordance
30 with the provisions of Article 24A or Article 24B, as the
31 case may be. If a damaged ballot, the original ballot shall
32 be clearly labeled "Damaged Ballot" and the ballot so
33 produced shall be clearly labeled "Duplicate Damaged Ballot",
34 and each shall contain the same serial number which shall be
-49- LRB9103030MWgcam01
1 placed by the judges of election, beginning with number 1 and
2 continuing consecutively for the ballots of that kind in the
3 precinct. The judges of election shall initial the
4 "Duplicate Damaged Ballot" ballot and shall enter the
5 duplicate damaged ballot into the automatic tabulating
6 equipment. The "Damaged Ballots" shall be placed in the
7 "Duplicated Ballots" envelope.
8 The precinct judges of election shall check the public
9 register to determine whether the number of ballots counted
10 by the voting equipment agrees with the number of voters
11 voting as shown by the applications for ballot. If the same
12 do not agree, the judges of election shall immediately
13 contact the offices of the election authority in charge of
14 the election for further instructions. If the number of
15 ballots counted by the voting equipment agrees with the
16 number of voters voting as shown by the application for
17 ballot, the number shall be listed on the "Statement of
18 Ballots" form provided by the election authority.
19 The totals for all candidates and propositions shall be
20 tabulated and 4 copies of a "Certificate of Results" shall be
21 printed by the automatic tabulating equipment. One copy
22 shall be posted in a conspicuous place inside the polling
23 place and every effort shall be made by the judges of
24 election to provide a copy for each authorized pollwatcher or
25 other official authorized to be present in the polling place
26 to observe the counting of ballots. In no case shall the
27 number of copies to be made available to pollwatchers be
28 fewer than 4 chosen by lot by the judges of election. In
29 addition, sufficient time shall be provided by the judges of
30 election to the pollwatchers to allow them to copy
31 information from the copy that has been posted.
32 If instructed by the election authority, the judges of
33 election shall cause the tabulated returns to be transmitted
34 electronically to the offices of the election authority via
-50- LRB9103030MWgcam01
1 modem or other electronic medium.
2 The precinct judges of election shall select a
3 bi-partisan team of 2 judges, who shall immediately return
4 the ballots in a sealed container, along with all other
5 election materials and equipment as instructed by the
6 election authority; provided, however, that the container
7 must first be sealed by the election judges with filament
8 tape or other approved sealing devices provided for the
9 purpose in a manner that the ballots cannot be removed from
10 the container without breaking the seal or filament tape and
11 disturbing any signatures affixed by the election judges to
12 the container. The election authority shall keep the office
13 of the election authority, or any receiving stations
14 designated by the authority, open for at least 12 consecutive
15 hours after the polls close or until the ballots and election
16 material and equipment from all precincts within the
17 jurisdiction of the election authority have been returned to
18 the election authority. Ballots and election materials and
19 equipment returned to the office of the election authority
20 that are not signed and sealed as required by law shall not
21 be accepted by the election authority until the judges
22 returning the ballots make and sign the necessary
23 corrections. Upon acceptance of the ballots and election
24 materials and equipment by the election authority, the judges
25 returning the ballots shall take a receipt signed by the
26 election authority and stamped with the time and date of the
27 return. The election judges whose duty it is to return any
28 ballots and election materials and equipment as provided
29 shall, in the event the ballots, materials, or equipment
30 cannot be found when needed, on proper request, produce the
31 receipt that they are to take as above provided.
32 (10 ILCS 5/24C-13 new)
33 Sec. 24C-13. Proceedings at location for central
-51- LRB9103030MWgcam01
1 counting; employees; approval of list. All proceedings at
2 the location for central counting shall be under the
3 direction of the county clerk or board of election
4 commissioners. Except for any specially trained technicians
5 required for the operation of the Direct Recording Electronic
6 Voting System, the employees at the counting station shall be
7 equally divided between members of the 2 major political
8 parties and all duties performed by the employees shall be by
9 teams consisting of an equal number of members of each
10 political party. Thirty days before an election the county
11 clerk or board of election commissioners shall submit to the
12 county chairman of the county central committee of each
13 political party, for his or her approval or disapproval, a
14 list of persons of his or her party proposed to be employed.
15 If a chairman fails to notify the election authority of his
16 or her disapproval of any proposed employee within a period
17 of 10 days thereafter, the list shall be deemed approved.
18 (10 ILCS 5/24C-14 new)
19 Sec. 24C-14. Tabulating votes; direction; presence of
20 public; computer operator's log and canvass. The procedure
21 for tabulating the votes by the Direct Recording Electronic
22 Voting System shall be under the direction of the election
23 authority and shall conform to the requirements of the Direct
24 Recording Electronic Voting System. During any
25 election-related activity using the automatic Direct
26 Recording Electronic Voting System equipment, the election
27 authority shall make a reasonable effort to dedicate the
28 equipment to vote processing to ensure the security and
29 integrity of the system.
30 A reasonable number of pollwatchers shall be admitted to
31 the counting location. Persons may observe the tabulating
32 process at the discretion of the election authority; however,
33 at least one representative of each established political
-52- LRB9103030MWgcam01
1 party and authorized agents of the State Board of Elections
2 shall be permitted to observe this process at all times. No
3 persons except those employed and authorized for the purpose
4 shall touch any ballot, ballot box, return, or equipment.
5 The computer operator shall be designated by the election
6 authority and shall be sworn as a deputy of the election
7 authority. In conducting the vote tabulation and canvass, the
8 computer operator must maintain a log which shall include the
9 following information:
10 (1) alterations made to programs associated with
11 the vote counting process;
12 (2) if applicable, console messages relating to the
13 program and the respective responses made by the
14 operator;
15 (3) the starting time for each precinct counted,
16 the number of ballots counted for each precinct, any
17 equipment problems and, insofar as practicable, the
18 number of invalid security designations encountered
19 during that count; and
20 (4) changes and repairs made to the equipment
21 during the vote tabulation and canvass.
22 The computer operator's log and canvass shall be
23 available for public inspection in the office of the election
24 authority for a period of 60 days following the proclamation
25 of election results. A copy of the computer operator's log
26 and the canvass shall be transmitted to the State Board of
27 Elections upon its request and at its expense.
28 (10 ILCS 5/24C-15 new)
29 Sec. 24C-15. Official return of precinct; check of
30 totals; audit. The precinct return printed by the Direct
31 Recording Electronic Voting System tabulating equipment shall
32 include the number of ballots cast and votes cast for each
33 candidate and public question and shall constitute the
-53- LRB9103030MWgcam01
1 official return of each precinct. In those election
2 jurisdictions that choose to count absent voter's ballots in
3 the office of the election authority, absentee ballots may be
4 tabulated with or without a precinct designation. In
5 addition to the precinct return, the election authority shall
6 provide the number of applications for ballots in each
7 precinct, the total number of ballots counted in each
8 precinct for each political subdivision and district, and the
9 number of registered voters in each precinct. The election
10 authority shall check the totals shown by the precinct return
11 and, if there is an obvious discrepancy regarding the total
12 number of votes cast in any precinct, shall have the ballots
13 for that precinct audited to correct the return. The
14 procedures for this audit shall apply prior to and after the
15 proclamation is completed; however, after the proclamation of
16 results, the election authority must obtain a court order to
17 unseal voted ballots except for election contests and
18 discovery recounts. The certificate of results, that has
19 been prepared and signed by the judges of election in the
20 polling place after the ballots have been tabulated, shall be
21 the document used for the canvass of votes for the precinct.
22 Whenever a discrepancy exists during the canvass of votes
23 between the unofficial results and the certificate of
24 results, or whenever a discrepancy exists during the canvass
25 of votes between the certificate of results and the set of
26 totals reflected on the certificate of results, the ballots
27 for that precinct shall be audited to correct the return.
28 Prior to the proclamation, the election authority shall
29 test the voting devices and equipment in 5% of the precincts
30 within the election jurisdiction. The precincts to be tested
31 shall be selected after election day on a random basis by the
32 election authority, so that every precinct in the election
33 jurisdiction has an equal mathematical chance of being
34 selected. The State Board of Elections shall design a
-54- LRB9103030MWgcam01
1 standard and scientific random method of selecting the
2 precincts that are to be tested, and the election authority
3 shall be required to use that method. The State Board of
4 Elections, the State's Attorney and other appropriate law
5 enforcement agencies, the chairman of the county central
6 committee of each established political party, and qualified
7 civic organizations shall be given prior written notice of
8 the time and place of the random selection procedure and may
9 be represented at the procedure.
10 The test shall be conducted by entering a preaudited
11 group of ballots marked to record a predetermined number of
12 valid votes for each candidate and on each public question,
13 and shall include for each office one or more ballots that
14 have votes in excess of the number allowed by law to test the
15 ability of the equipment to reject those votes. If any error
16 is detected, the cause shall be determined and corrected, and
17 an errorless count shall be made prior to the official
18 canvass and proclamation of election results.
19 The State Board of Elections, the State's Attorney and
20 other appropriate law enforcement agencies, the chairman of
21 the county central committee of each established political
22 party, and qualified civic organizations shall be given prior
23 written notice of the time and place of the test and may be
24 represented at the test.
25 The results of this post-election test shall be treated
26 in the same manner and have the same effect as the results of
27 the discovery procedures set forth in Section 22-9.1 of this
28 Code. Upon completion of the test, the election authority
29 shall print a report showing the results of the test and any
30 errors encountered and the report shall be made available for
31 public inspection.
32 (10 ILCS 5/24C-15.01 new)
33 Sec. 24C-15.01. Transporting ballots to central counting
-55- LRB9103030MWgcam01
1 station; container. Upon completion of the tabulation,
2 audit, or test of voting equipment pursuant to Sections
3 24C-11 through 24C-15, the voting equipment and ballots from
4 each precinct shall be replaced in the container in which
5 they were transported to the central counting station. If
6 the container is not a type that may be securely locked, then
7 each container, before being transferred from the counting
8 station to storage, shall be sealed with filament tape
9 wrapped around the container lengthwise and crosswise, at
10 least twice each way, and in a manner that the equipment and
11 ballots cannot be removed from the container without breaking
12 the tape.
13 (10 ILCS 5/24C-15.1 new)
14 Sec. 24B-15.1. Discovery recounts and election contests.
15 Discovery recounts and election contests shall be conducted
16 as otherwise provided for in this Code. The Direct Recording
17 Electronic Voting System equipment shall be tested prior to
18 the discovery recount or election contest as provided in
19 Section 24C-9 and then the official ballots shall be audited.
20 Any person who has filed a petition for discovery recount
21 may request that a redundant count be conducted in those
22 precincts in which the discovery recount is being conducted.
23 The additional costs of a redundant count shall be borne by
24 the requesting party.
25 The log of the computer operator and all materials
26 retained by the election authority in relation to vote
27 tabulation and canvass shall be made available for any
28 discovery recount or election contest.
29 (10 ILCS 5/24C-16 new)
30 Sec. 24C-16. Approval of Direct Recording Electronic
31 Voting Systems; requisites. The State Board of Elections
32 shall approve all Direct Recording Electronic Voting Systems
-56- LRB9103030MWgcam01
1 provided by this Article.
2 No Direct Recording Electronic Voting System shall be
3 approved unless it fulfills the following requirements:
4 (1) It enables a voter to vote in absolute secrecy,
5 except in the case of voters who receive assistance as
6 provided in this Code.
7 (2) It enables each voter to vote at an election
8 for all persons and offices for whom and for which the
9 voter is lawfully entitled to vote, to vote for as many
10 persons for an office as the voter is entitled to vote
11 for, and to vote for or against any public question upon
12 which the voter is entitled to vote, but no other.
13 (3) It will detect and reject all votes for an
14 office or upon a public question when the voter has cast
15 more votes for the office or upon the public question
16 than he or she is entitled to cast; provided, however,
17 that it will inform a voter that the voter's choices as
18 recorded on the ballot for an office or public question
19 exceeds the number that the voter is entitled to vote for
20 on that office or public question and will offer the
21 voter an opportunity to correct the error before
22 rejecting the choices recorded on the voter's ballot.
23 (4) It will enable each voter in primary elections
24 to vote only for the candidates of the political party
25 with which he or she had declared affiliation and
26 preclude the voter from voting for any candidate of any
27 other political party.
28 (5) It enables a voter to vote a split ticket
29 selected in part from the nominees of one party, in part
30 from the nominees of any or all parties, in part from
31 independent candidates, and in part of candidates whose
32 names are written in by the voter.
33 (6) It enables a voter, at a Presidential election,
34 by a single selection to vote for the candidates of a
-57- LRB9103030MWgcam01
1 political party for Presidential electors.
2 (7) It will prevent anyone voting for the same
3 person more than once for the same office.
4 (8) It will record and count accurately each vote
5 properly cast for or against any candidate and for or
6 against any public question, including the names of all
7 candidates whose names are written in by the voters.
8 (9) It will be capable of merging the vote
9 tabulation results produced by other vote tabulation
10 systems, if necessary.
11 (10) It will provide a means for sealing and
12 resealing the vote recording devices to prevent their
13 unauthorized use and to prevent tampering with ballot
14 labels.
15 (11) It will be suitably designed for the purpose
16 used, be durably constructed, and be designed for safety,
17 accuracy, and efficiency.
18 (12) It will be designed to accommodate the needs
19 of elderly, handicapped, and disabled voters.
20 (13) It will enable a voter to vote for a person
21 whose name does not appear on the ballot.
22 (14) It will be designed to ensure that vote
23 recording devices or electronic tabulating equipment that
24 count votes at the precinct will not be capable of
25 reporting vote totals before the close of the polls.
26 (15) It will provide an audit trail.
27 The State Board of Elections is authorized to withdraw
28 its approval of a Direct Recording Electronic Voting System
29 if the system fails to fulfill the above requirements.
30 No vendor, person, or other entity may sell, lease, or
31 loan a Direct Recording Electronic Voting System or system
32 component to any election jurisdiction unless the system or
33 system component is first approved by the State Board of
34 Elections pursuant to this Section.
-58- LRB9103030MWgcam01
1 (10 ILCS 5/24C-17 new)
2 Sec. 24C-17. Rules; number of voting booths. The State
3 Board of Elections may make reasonable rules for the
4 administration of this Article and may prescribe the number
5 of voting booths required for the various types of voting
6 systems.
7 (10 ILCS 5/24C-18 new)
8 Sec. 24C-18. Specimen ballots; publication. When a
9 Direct Recording Electronic Voting System is used, the
10 election authority shall cause to be published, at least 5
11 days before the day of each general and general primary
12 election, in 2 or more newspapers published in and having a
13 general circulation in the county, a true and legible copy of
14 the specimen ballot containing the names of offices,
15 candidates, and public questions to be voted on, as near as
16 may be, in the form in which they will appear on the official
17 ballot on election day. A true legible copy may be in the
18 form of an actual size ballot and shall be published as
19 required by this Section if distributed in 2 or more
20 newspapers published and having a general circulation in the
21 county as an insert. For each election prescribed in Article
22 2A of this Code, specimen ballots shall be made available for
23 public distribution and shall be supplied to the judges of
24 election for posting in the polling place on the day of
25 election. Notice for the consolidated primary and
26 consolidated elections shall be given as provided in Article
27 12.
28 (10 ILCS 5/24C-19 new)
29 Sec. 24C-19. Additional method of voting. This Article
30 shall be deemed to provide a method of voting in addition to
31 the methods otherwise provided in this Code.
-59- LRB9103030MWgcam01
1 (10 ILCS 5/24C-20 new)
2 Sec. 24C-20. Voting defect identification capabilities.
3 An election authority is required to use the voting defect
4 identification capabilities of the automatic tabulating
5 equipment.".