State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_HB1841sam004

 










                                           LRB9103030MWgcam06

 1                    AMENDMENT TO HOUSE BILL 1841

 2        AMENDMENT NO.     .  Amend House Bill 1841,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Election Code  is  amended  by  changing
 6    Sections  7-19,  7-46,  7-47,  7-49,  7-52, 7-53, 7-54, 7-55,
 7    7-66, 15-6, 16-11, 17-9, 17-43, 18-5,  18-40,  19-2.1,  19-7,
 8    19-8,  19-9,  19-10,  19-12.2,  19-15,  20-2, 20-2.1, 20-2.2,
 9    20-7, 20-8, 20-9, and 20-15 and  by  adding  Article  24C  as
10    follows:

11        (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
12        Sec.  7-19.  Arrangement  and printing of primary ballot.
13    The primary ballot of each political party for each  precinct
14    shall  be  arranged  and  printed substantially in the manner
15    following:
16        1.  Designating words. At the top of the ballot shall  be
17    printed  in  large  capital  letters,  words  designating the
18    ballot, if a Republican ballot, the designating  words  shall
19    be:  "REPUBLICAN  PRIMARY BALLOT"; if a Democratic ballot the
20    designating words shall be: "DEMOCRATIC PRIMARY BALLOT";  and
21    in like manner for each political party.
22        2.   Order of Names, Directions to Voters, etc. Beginning
 
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 1    not less than one inch below designating words, the  name  of
 2    each office to be filled shall be printed in capital letters.
 3    Such  names  may  be printed on the ballot either in a single
 4    column or in 2 or more columns and in  the  following  order,
 5    to-wit:
 6        President   of   the   United   States,   State  offices,
 7    congressional offices, delegates and alternate  delegates  to
 8    be  elected  from  the  State at large to National nominating
 9    conventions, delegates and alternate delegates to be  elected
10    from   congressional   districts   to   National   nominating
11    conventions,   member   or   members  of  the  State  central
12    committee, trustees of sanitary  districts,  county  offices,
13    judicial   officers,  city,  village  and  incorporated  town
14    offices, town offices, or of such  of  the  said  offices  as
15    candidates  are  to  be  nominated  for  at such primary, and
16    precinct, township or  ward  committeemen.  If  two  or  more
17    columns  are  used,  the  foregoing  offices to and including
18    member of the State central committee shall be listed in  the
19    left-hand  column  and  Senatorial  offices,  as  defined  in
20    Section  8-3, shall be the first offices listed in the second
21    column.
22        Below the name of each office shall be printed  in  small
23    letters  the  directions to voters: "Vote for one"; "Vote for
24    two"; "Vote for three"; or a spelled number  designating  how
25    many persons under that head are to be voted for.
26        Next  to  the  name  of  each  candidate  for delegate or
27    alternate delegate to a national nominating convention  shall
28    appear  either (a) the name of the candidate's preference for
29    President of the United States or the word  "uncommitted"  or
30    (b)  no official designation, depending upon the action taken
31    by the State central committee pursuant to Section 7-10.3  of
32    this Act.
33        Below the name of each office shall be printed in capital
34    letters the names of all candidates, arranged in the order in
 
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 1    which  their  petitions for nominations were filed, except as
 2    otherwise provided in Sections 7-14 and 7-17 of this Article.
 3    Opposite and in front of the name of each candidate shall  be
 4    printed  a  square  and  all  squares upon the primary ballot
 5    shall be  of  uniform  size.  Spaces  between  the  names  of
 6    candidates  under each office shall be uniform and sufficient
 7    spaces shall separate the names of candidates for one  office
 8    from  the  names  of  candidates for another office, to avoid
 9    confusion and to permit the writing in of the names of  other
10    candidates.
11        Where  voting  machines, or electronic voting systems, or
12    Direct Recording Electronic  Voting  Systems  are  used,  the
13    provisions  of  this  Article  Section  may  be  modified  as
14    required  or  authorized  by  Article  24, or Article 24A, or
15    Article 24C, whichever is applicable.
16    (Source: P.A. 83-33.)

17        (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
18        Sec. 7-46.  Voting  of  ballot;  writing  in  names.   On
19    receiving  from  the  primary  judges a primary ballot of his
20    party,  the  primary  elector  shall  forthwith  and  without
21    leaving the polling place, retire alone to one of the  voting
22    booths and prepare such primary ballot by marking a cross (X)
23    in  the  square  in  front  of  and opposite the name of each
24    candidate of his choice for each office to be filled, and for
25    delegates and  alternate  delegates  to  national  nominating
26    conventions,  and for committeemen, if committeemen are being
27    elected at such primary.
28        Any primary  elector  may,  instead  of  voting  for  any
29    candidate  for nomination or for committeeman or for delegate
30    or alternate delegate  to  national  nominating  conventions,
31    whose  name  is  printed  on the primary ballot, write in the
32    name of any other person affiliated  with  such  party  as  a
33    candidate   for   the  nomination  for  any  office,  or  for
 
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 1    committeeman, or for  delegates  or  alternate  delegates  to
 2    national  nominating  conventions, and indicate his choice of
 3    such candidate  or  committeeman  or  delegate  or  alternate
 4    delegate,  by  placing  to  the left of and opposite the name
 5    thus written a square and placing in the square a cross (X).
 6        Where voting machines, or electronic voting  systems,  or
 7    Direct  Recording  Electronic  Voting  Systems  are used, the
 8    provisions  of  this  Article  section  may  be  modified  as
 9    required or authorized by Article  24,  or  Article  24A,  or
10    Article 24C, whichever is applicable.
11    (Source: Laws 1965, p. 2220.)

12        (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
13        Sec. 7-47.  Folding and delivery of ballot; entry in poll
14    book.  Before  leaving  the  booth, the primary elector shall
15    fold his primary ballot in such  manner  as  to  conceal  the
16    marks  thereon.  Such  voter  shall  then  vote  forthwith by
17    handing the primary judge the primary ballot received by such
18    voter. Thereupon the primary judge shall deposit such primary
19    ballot in the ballot box. One of the judges  shall  thereupon
20    enter  in  the  primary  poll  book  the  name of the primary
21    elector, his residence and his  party  affiliation  or  shall
22    make  the  entries on the official poll record as required by
23    articles 4, 5 and 6, if any one of them is applicable.
24        Where voting machines, or electronic voting  systems,  or
25    Direct  Recording  Electronic  Voting  Systems  are used, the
26    provisions  of  this  Article  section  may  be  modified  as
27    required or authorized by Article  24,  or  Article  24A,  or
28    Article 24C, whichever is applicable.
29    (Source: Laws 1965, p. 2220.)

30        (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
31        Sec.  7-49.  No  adjournment  or  recess after opening of
32    polls.  After the opening  of  the  polls  at  a  primary  no
 
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 1    adjournment  shall  be had nor recess taken until the canvass
 2    of all the votes  is  completed  and  the  returns  carefully
 3    enveloped and sealed.
 4        Where  voting  machines, or electronic voting systems, or
 5    Direct Recording Electronic  Voting  Systems  are  used,  the
 6    provisions  of  this  Article  section  may  be  modified  as
 7    required  or  authorized  by  Article  24, or Article 24A, or
 8    Article 24C, whichever is applicable.
 9    (Source: Laws 1965, p. 2220.)

10        (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
11        Sec. 7-52.  Precinct canvass of votes.  Immediately  upon
12    closing  the  polls,  the  primary  judges  shall  proceed to
13    canvass the votes in the manner following:
14        (1)  They shall separate and count the  ballots  of  each
15    political party.
16        (2)  They  shall  then proceed to ascertain the number of
17    names entered on the applications for ballot under each party
18    affiliation.
19        (3)  If the primary ballots of any political party exceed
20    the number of applications  for  ballot  by  voters  of  such
21    political  party, the primary ballots of such political party
22    shall be folded and replaced  in  the  ballot  box,  the  box
23    closed,  well  shaken and again opened and one of the primary
24    judges, who shall be blindfolded, shall draw out so  many  of
25    the primary ballots of such political party as shall be equal
26    to   such  excess.   Such  excess  ballots  shall  be  marked
27    "Excess-Not Counted" and signed by a majority of  the  judges
28    and shall be placed in the "After 6:00 p.m. Defective Ballots
29    Envelope". The number of excess ballots shall be noted in the
30    remarks  section  of  the  Certificate  of Results.  "Excess"
31    ballots shall not be counted  in  the  total  of  "defective"
32    ballots;
33        (4)  The  primary  judges shall then proceed to count the
 
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 1    primary ballots of each political party  separately;  and  as
 2    the primary judges shall open and read the primary ballots, 3
 3    of  the  judges  shall  carefully  and  correctly  mark  upon
 4    separate  tally  sheets the votes which each candidate of the
 5    party whose name is written or printed on the primary  ballot
 6    has received, in a separate column for that purpose, with the
 7    name  of  such candidate, the name of his political party and
 8    the name of the office  for  which  he  is  a  candidate  for
 9    nomination at the head of such column.
10        Where  voting  machines, or electronic voting systems, or
11    Direct Recording Electronic  Voting  Systems  are  used,  the
12    provisions  of  this  Article  section  may  be  modified  as
13    required  or  authorized  by  Article  24, or Article 24A, or
14    Article 24C, whichever is applicable.
15    (Source: P.A. 80-484.)

16        (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
17        Sec. 7-53.  Tally sheets;  certificate  of  results.   As
18    soon as the ballots of a political party shall have been read
19    and  the votes of the political party counted, as provided in
20    the last above Section, the 3 judges in charge of  the  tally
21    sheets shall foot up the tally sheets so as to show the total
22    number  of  votes  cast  for  each candidate of the political
23    party and for each candidate for State  Central  committeeman
24    and  precinct  committeeman,  township  committeeman  or ward
25    committeeman, and delegate and alternate delegate to National
26    nominating conventions, and certify the same to  be  correct.
27    Thereupon, the primary judges shall set down in a certificate
28    of  results  on  the  tally  sheet,  under  the  name  of the
29    political party, the name of each candidate  voted  for  upon
30    the  primary  ballot, written at full length, the name of the
31    office for which he is a  candidate  for  nomination  or  for
32    committeeman,  or  delegate or alternate delegate to National
33    nominating conventions, the total number of votes  which  the
 
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 1    candidate  received,  and  they shall also set down the total
 2    number of ballots  voted  by  the  primary  electors  of  the
 3    political  party in the precinct.  The certificate of results
 4    shall be made substantially in the following form:
 5                                           ................ Party
 6        At the primary election held in the .... precinct of  the
 7    (1)  *township  of  ....,  or (2) *City of ...., or (3) *....
 8    ward in the city  of  ....  on  (insert  date),  the  primary
 9    electors  of  the  ....  party  voted  ....  ballots, and the
10    respective candidates whose names were written or printed  on
11    the  primary  ballot of the .... party, received respectively
12    the following votes:
13    Name of                                                No. of
14    Candidate,                 Title of Office,             Votes
15    John Jones                 Governor                       100
16    Sam Smith                  Governor                        70
17    Frank Martin               Attorney General               150
18    William Preston            Rep. in Congress               200
19    Frederick John             Circuit Judge                   50
20        *Fill in either (1), (2) or (3).
21        And so on for each candidate.
22        We hereby certify the above and foregoing to be true  and
23    correct.
24        Dated (insert date).
25                              ...................................
26                              Name                        Address
27                              ...................................
28                              Name                        Address
29                              ...................................
30                              Name                        Address
31                              ...................................
32                              Name                        Address
33                              ...................................
34                              Name                        Address
 
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 1                                     Judges of Primary

 2        Where  voting  machines, or electronic voting systems, or
 3    Direct Recording Electronic  Voting  Systems  are  used,  the
 4    provisions  of  this  Article  Section  may  be  modified  as
 5    required  or  authorized  by  Article 24, and Article 24A, or
 6    Article 24C, whichever is applicable.
 7    (Source: P.A. 91-357, eff. 7-29-99.)

 8        (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
 9        Sec.  7-54.  Binding  and  sealing  ballots;  report   of
10    results.   After  the  votes  of  a political party have been
11    counted and set down and the  tally  sheets  footed  and  the
12    entry  made  in  the  primary  poll books or return, as above
13    provided, all the primary ballots of  said  political  party,
14    except  those  marked  "defective"  or "objected to" shall be
15    securely bound, lengthwise and in width,  with  a  soft  cord
16    having a minimum tensile strength of 60 pounds separately for
17    each  political  party  in  the  order  in which said primary
18    ballots have been read,  and  shall  thereupon  be  carefully
19    sealed  in  an  envelope, which envelope shall be endorsed as
20    follows:
21        "Primary ballots of the.... party of the.... precinct  of
22    the county of.... and State of Illinois."
23        Below  each  endorsement,  each primary judge shall write
24    his name.
25        Immediately thereafter the judges shall designate one  of
26    their number to go to the nearest telephone and report to the
27    office of the county clerk or board of election commissioners
28    (as  the case may be) the results of such primary. Such clerk
29    or board shall keep his or its office open after the close of
30    the polls until he or it  has  received  from  each  precinct
31    under  his or its jurisdiction the report above provided for.
32    Immediately upon receiving such report such  clerk  or  board
33    shall cause the same to be posted in a public place in his or
 
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 1    its  office  for  inspection by the public. Immediately after
 2    making such report such judge shall  return  to  the  polling
 3    place.
 4        Where  voting  machines, or electronic voting systems, or
 5    Direct Recording Electronic  Voting  Systems  are  used,  the
 6    provisions  of  this  Article  section  may  be  modified  as
 7    required  or  authorized  by  Article  24, or Article 24A, or
 8    Article 24C, whichever is applicable.
 9    (Source: P.A. 81-1433.)

10        (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
11        Sec.   7-55.  Delivery   and   acceptance   of   election
12    materials.  The primary  poll  books  or  the  official  poll
13    record,  and  the  tally  sheets with the certificates of the
14    primary judges written thereon, together with  the  envelopes
15    containing the ballots, including the envelope containing the
16    ballots   marked  "defective"  or  "objected  to",  shall  be
17    carefully  enveloped  and  sealed   up   together,   properly
18    endorsed,  and  the  primary judges shall elect 2 judges (one
19    from  each  of  the  major  political  parties),  who   shall
20    immediately  deliver  the  same  to  the  clerk from whom the
21    primary ballots were obtained, which clerk shall safely  keep
22    the  same  for 2 months, and thereafter shall safely keep the
23    poll books until the next primary.  Each  election  authority
24    shall  keep  the  office  of  the  election authority, or any
25    receiving stations designated by such authority, open for  at
26    least  12  consecutive  hours after the polls close, or until
27    the judges of each precinct under  the  jurisdiction  of  the
28    election  authority  have delivered to the election authority
29    all the above  materials  sealed  up  together  and  properly
30    endorsed  as  provided  herein.   Materials  delivered to the
31    election authority which are not in the condition required by
32    this Section shall not be accepted by the election  authority
33    until  the  judges  delivering  the  same  make  and sign the
 
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 1    necessary corrections.  Upon acceptance of the  materials  by
 2    the  election authority, the judges delivering the same shall
 3    take a receipt signed by the election authority  and  stamped
 4    with the time and date of such delivery.  The election judges
 5    whose  duty  it is to deliver any materials as above provided
 6    shall, in the event  such  materials  cannot  be  found  when
 7    needed, on proper request, produce the receipt which they are
 8    to take as above provided.
 9        The county clerk or board of election commissioners shall
10    deliver  a copy of each tally sheet to the county chairmen of
11    the two largest political parties.
12        Where voting machines, or electronic voting  systems,  or
13    Direct  Recording  Electronic  Voting  Systems  are used, the
14    provisions  of  this  Article  section  may  be  modified  as
15    required or authorized by Article 24,  and  Article  24A,  or
16    Article 24C, whichever is applicable.
17    (Source: P.A. 83-764.)

18        (10 ILCS 5/7-66)
19        Sec.  7-66.  Precinct  tabulation optical scan technology
20    voting  equipment  and  direct  recording  electronic  voting
21    systems equipment.
22        If the election authority has adopted the use of Precinct
23    Tabulation Optical Scan Technology voting equipment  pursuant
24    to  Article  24B  of this Code or Direct Recording Electronic
25    Voting Systems equipment under Article 24C of this Code,  and
26    the  provisions of those Articles the Article are in conflict
27    with the provisions of this  Article  7,  the  provisions  of
28    Article  24B or Article 24C, as the case may be, shall govern
29    the procedures followed by the election authority, its judges
30    of elections, and all employees and agents.  In following the
31    provisions of  Article  24B  or  Article  24C,  the  election
32    authority  is  authorized to develop and implement procedures
33    to fully utilize Precinct Tabulation Optical Scan  Technology
 
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 1    voting   equipment  or  Direct  Recording  Electronic  Voting
 2    Systems equipment authorized by the State Board of  Elections
 3    as  long  as  the  procedure  is  not in conflict with either
 4    Article 24B, Article 24C, or the administrative rules of  the
 5    State Board of Elections.
 6    (Source: P.A. 89-394, eff. 1-1-97.)

 7        (10 ILCS 5/15-6)
 8        Sec.  15-6.   Precinct tabulation optical scan technology
 9    voting  equipment  and  direct  recording  electronic  voting
10    systems equipment.
11        If the election authority has adopted the use of Precinct
12    Tabulation Optical Scan Technology voting equipment  pursuant
13    to  Article  24B  of this Code or Direct Recording Electronic
14    Voting Systems equipment under Article 24C of this Code,  and
15    the  provisions of those Articles the Article are in conflict
16    with the provisions of this Article  15,  the  provisions  of
17    Article  24B or Article 24C, as the case may be, shall govern
18    the procedures followed by the election authority, its judges
19    of elections, and all employees and agents.  In following the
20    provisions of  Article  24B  or  Article  24C,  the  election
21    authority  is  authorized to develop and implement procedures
22    to fully utilize Precinct Tabulation Optical Scan  Technology
23    voting   equipment  or  Direct  Recording  Electronic  Voting
24    Systems equipment authorized by the State Board of  Elections
25    as  long  as  the  procedure  is  not in conflict with either
26    Article 24B, Article 24C, or the administrative rules of  the
27    State Board of Elections.
28    (Source: P.A. 89-394, eff. 1-1-97.)

29        (10 ILCS 5/16-11)
30        Sec.  16-11.  Precinct tabulation optical scan technology
31    voting  equipment  and  direct  recording  electronic  voting
32    systems equipment.
 
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 1        If the election authority has adopted the use of Precinct
 2    Tabulation Optical Scan Technology voting equipment  pursuant
 3    to  Article  24B  of this Code or Direct Recording Electronic
 4    Voting Systems equipment under Article 24C of this Code,  and
 5    the  provisions of those Articles the Article are in conflict
 6    with the provisions of this Article  16,  the  provisions  of
 7    Article  24B or Article 24C, as the case may be, shall govern
 8    the procedures followed by the election authority, its judges
 9    of elections, and all employees and agents.  In following the
10    provisions of  Article  24B  or  Article  24C,  the  election
11    authority  is  authorized to develop and implement procedures
12    to fully utilize Precinct Tabulation Optical Scan  Technology
13    voting   equipment  or  Direct  Recording  Electronic  Voting
14    Systems equipment authorized by the State Board of  Elections
15    as  long  as  the  procedure  is  not in conflict with either
16    Article 24B, Article 24C, or the administrative rules of  the
17    State Board of Elections.
18    (Source: P.A. 89-394, eff. 1-1-97.)

19        (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
20        Sec.  17-9.   Any  person desiring to vote shall give his
21    name and, if required to do so, his residence to  the  judges
22    of election, one of whom shall thereupon announce the same in
23    a  loud  and  distinct tone of voice, clear, and audible; the
24    judges of elections shall check each application  for  ballot
25    against  the  list  of  voters registered in that precinct to
26    whom absentee ballots have been  issued  for  that  election,
27    which  shall  be provided by the election authority and which
28    list shall be available for inspection  by  pollwatchers.   A
29    voter  applying to vote in the precinct on election day whose
30    name appears on the list as having been  issued  an  absentee
31    ballot  shall not be permitted to vote in the precinct unless
32    that  voter  submits  to  the   judges   of   election,   for
33    cancellation  or revocation, his absentee ballot. In the case
 
                            -13-           LRB9103030MWgcam06
 1    that the voter's  absentee  ballot  is  not  present  in  the
 2    polling  place,  it shall be sufficient for any such voter to
 3    submit to the judges of election  in  lieu  of  his  absentee
 4    ballot, either a portion of such ballot if torn or mutilated,
 5    or  an  affidavit  executed  before  the  judges  of election
 6    specifying that the voter never received an absentee  ballot,
 7    or  an  affidavit  executed  before  the  judges  of election
 8    specifying that the voter desires to  cancel  or  revoke  any
 9    absentee  ballot that may have been cast in the voter's name.
10    All applicable provisions of Articles 4,  5  or  6  shall  be
11    complied  with  and  if such name is found on the register of
12    voters  by  the  officer  having  charge  thereof,  he  shall
13    likewise repeat said name, and the voter shall be allowed  to
14    enter  within  the  proximity  of the voting booths, as above
15    provided.  One of the judges shall give the  voter  one,  and
16    only  one  of each ballot to be voted at the election, on the
17    back of which ballots such judge shall indorse  his  initials
18    in such manner that they may be seen when each such ballot is
19    properly  folded,  and  the voter's name shall be immediately
20    checked on the register list. In those election jurisdictions
21    where perforated ballot cards are utilized  of  the  type  on
22    which  write-in  votes can be cast above the perforation, the
23    election authority shall provide a space both above and below
24    the perforation for the judge's initials, and the judge shall
25    endorse his or her  initials  in  both  spaces.   Whenever  a
26    proposal for a constitutional amendment or for the calling of
27    a  constitutional  convention  is  to  be  voted  upon at the
28    election, the separate  blue  ballot  or  ballots  pertaining
29    thereto  shall,  when being handed to the voter, be placed on
30    top of the other ballots to be voted at the election in  such
31    manner  that  the  legend  appearing  on the back thereof, as
32    prescribed in Section 16-6 of  this  Act,  shall  be  plainly
33    visible  to the voter.  At all elections, when a registry may
34    be required, if the name of any person so desiring to vote at
 
                            -14-           LRB9103030MWgcam06
 1    such election is not found on the register of voters,  he  or
 2    she  shall  not  receive  a ballot until he or she shall have
 3    complied with the law prescribing the manner  and  conditions
 4    of  voting by unregistered voters.  If any person desiring to
 5    vote at any election shall be challenged, he or she shall not
 6    receive a ballot until he or she shall have  established  his
 7    right  to  vote in the manner provided hereinafter; and if he
 8    or she shall be challenged after he has received his  ballot,
 9    he  shall  not be permitted to vote until he or she has fully
10    complied  with  such  requirements  of  the  law  upon  being
11    challenged.  Besides the election officer, not  more  than  2
12    voters  in  excess  of  the  whole  number  of  voting booths
13    provided shall be allowed within the proximity of the  voting
14    booths  at  one  time.  The provisions of this Act, so far as
15    they require the registration of voters  as  a  condition  to
16    their  being  allowed  to  vote  shall  not  apply to persons
17    otherwise entitled to vote, who  are,  at  the  time  of  the
18    election,  or  at  any  time  within  60  days  prior to such
19    election have been engaged in the military or  naval  service
20    of  the  United  States,  and  who  appear  personally at the
21    polling place on election day and produce to  the  judges  of
22    election  satisfactory evidence thereof, but such persons, if
23    otherwise qualified to vote, shall be permitted  to  vote  at
24    such election without previous registration.
25        All such persons shall also make an affidavit which shall
26    be in substantially the following form:
27    State of Illinois,)
28                      ) ss.
29    County of ........)
30    ............... Precinct   .......... Ward
31        I,  ....,  do  solemnly  swear  (or  affirm)  that I am a
32    citizen of the United States, of the age of 18 years or over,
33    and that within the past 60 days prior to the  date  of  this
34    election  at which I am applying to vote, I have been engaged
 
                            -15-           LRB9103030MWgcam06
 1    in the .... (military or naval) service of the United States;
 2    and I am qualified  to  vote  under  and  by  virtue  of  the
 3    Constitution and laws of the State of Illinois, and that I am
 4    a  legally  qualified  voter of this precinct and ward except
 5    that I have, because of such service, been unable to register
 6    as a voter; that I now reside  at  ....  (insert  street  and
 7    number,  if  any)  in  this  precinct  and  ward; that I have
 8    maintained a legal residence in this precinct and ward for 30
 9    days and in this State 30 days next preceding this election.
10                                        .........................
11        Subscribed and sworn to before me on (insert date).
12                                        .........................
13                                               Judge of Election.

14        The affidavit of any such person shall  be  supported  by
15    the  affidavit  of a resident and qualified voter of any such
16    precinct and ward, which affidavit shall be in  substantially
17    the following form:
18    State of Illinois,)
19                      ) ss.
20    County of ........)
21    ........... Precinct   ........... Ward
22        I,  ....,  do  solemnly  swear  (or  affirm), that I am a
23    resident of this precinct and ward and entitled  to  vote  at
24    this  election;  that  I am acquainted with .... (name of the
25    applicant); that I verily believe him to be  an  actual  bona
26    fide  resident  of  this  precinct and ward and that I verily
27    believe that he or  she  has  maintained  a  legal  residence
28    therein 30 days and in this State 30 days next preceding this
29    election.
30                                        .........................
31        Subscribed and sworn to before me on (insert date).
32                                        .........................
33                                               Judge of Election.
 
                            -16-           LRB9103030MWgcam06
 1        All  affidavits made under the provisions of this Section
 2    shall be enclosed in a separate envelope securely sealed, and
 3    shall be transmitted with the returns of the elections to the
 4    county clerk or to the board of election  commissioners,  who
 5    shall  preserve  the  said  affidavits  for  the  period of 6
 6    months, during which period such affidavits shall  be  deemed
 7    public  records  and  shall  be freely open to examination as
 8    such.
 9    (Source: P.A. 91-357, eff. 7-29-99.)

10        (10 ILCS 5/17-43)
11        Sec. 17-43.  Precinct tabulation optical scan  technology
12    voting  equipment  and  direct  recording  electronic  voting
13    systems equipment.
14        If the election authority has adopted the use of Precinct
15    Tabulation  Optical Scan Technology voting equipment pursuant
16    to Article 24B of this Code or  Direct  Recording  Electronic
17    Voting  Systems equipment under Article 24C of this Code, and
18    the provisions of those Articles the Article are in  conflict
19    with  the  provisions  of  this Article 17, the provisions of
20    Article 24B or Article 24C, as the case may be, shall  govern
21    the procedures followed by the election authority, its judges
22    of elections, and all employees and agents.  In following the
23    provisions  of  Article  24B  or  Article  24C,  the election
24    authority is authorized to develop and  implement  procedures
25    to  fully utilize Precinct Tabulation Optical Scan Technology
26    voting  equipment  or  Direct  Recording  Electronic   Voting
27    Systems  equipment authorized by the State Board of Elections
28    as long as the procedure  is  not  in  conflict  with  either
29    Article  24B, Article 24C, or the administrative rules of the
30    State Board of Elections.
31    (Source: P.A. 89-394, eff. 1-1-97.)

32        (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
 
                            -17-           LRB9103030MWgcam06
 1        Sec.  18-5.  Questioning  of  person  desiring  to  vote;
 2    receipt of ballots.    Any person desiring to vote and  whose
 3    name  is  found  upon  the  register  of voters by the person
 4    having charge thereof, shall then be questioned by one of the
 5    judges as to his nativity, his term of residence  at  present
 6    address,  precinct, State and United States, his age, whether
 7    naturalized and if so the date of naturalization  papers  and
 8    court  from which secured, and he shall be asked to state his
 9    residence when last previously registered and the date of the
10    election  for  which  he  then  registered.  The  judges   of
11    elections shall check each application for ballot against the
12    list  of  voters registered in that precinct to whom absentee
13    ballots have been issued for that election,  which  shall  be
14    provided  by  the  election authority and which list shall be
15    available for inspection by pollwatchers. A voter applying to
16    vote in the precinct on election day whose  name  appears  on
17    the  list  as having been issued an absentee ballot shall not
18    be permitted to  vote  in  the  precinct  unless  that  voter
19    submits  to  the  judges  of  election,  for  cancellation or
20    revocation, his  absentee  ballot.   In  the  case  that  the
21    voter's  absentee ballot is not present in the polling place,
22    it shall be sufficient for any such voter to  submit  to  the
23    judges  of  election in lieu of his absentee ballot, either a
24    portion of such ballot if torn or mutilated, or an  affidavit
25    executed  before  the  judges of election specifying that the
26    voter never received an  absentee  ballot,  or  an  affidavit
27    executed  before  the  judges of election specifying that the
28    voter desires to cancel or revoke any  absentee  ballot  that
29    may  have  been  cast  in the voter's name. If such person so
30    registered shall be challenged  as  disqualified,  the  party
31    challenging  shall assign his reasons therefor, and thereupon
32    one of the judges shall administer to him an oath  to  answer
33    questions,  and  if  he  shall take the oath he shall then be
34    questioned by the judge or  judges  touching  such  cause  of
 
                            -18-           LRB9103030MWgcam06
 1    challenge,  and touching any other cause of disqualification.
 2    And he may also be questioned by the person  challenging  him
 3    in  regard  to  his  qualifications  and  identity.  But if a
 4    majority of the judges are of the  opinion  that  he  is  the
 5    person  so  registered  and a qualified voter, his vote shall
 6    then be received accordingly. But if his vote be rejected  by
 7    such judges, such person may afterward produce and deliver an
 8    affidavit  to  such  judges,  subscribed  and sworn to by him
 9    before one of the judges, in which it  shall  be  stated  how
10    long he has resided in such precinct, and state; that he is a
11    citizen  of  the United States, and is a duly qualified voter
12    in such precinct, and that he  is  the  identical  person  so
13    registered.  In  addition to such an affidavit, the person so
14    challenged shall provide to the judges of election  proof  of
15    residence  by producing 2 forms of identification showing the
16    person's  current  residence  address,  provided  that   such
17    identification to the person at his current residence address
18    and  postmarked not earlier than 30 days prior to the date of
19    the  election,  or  the  person  shall  procure   a   witness
20    personally  known  to the judges of election, and resident in
21    the precinct (or district), or who shall be  proved  by  some
22    legal voter of such precinct or district, known to the judges
23    to be such, who shall take the oath following, viz:
24        I  do  solemnly swear (or affirm) that I am a resident of
25    this election precinct (or district), and entitled to vote at
26    this election, and that I have been a resident of this  State
27    for 30 days last past, and am well acquainted with the person
28    whose vote is now offered; that he is an actual and bona fide
29    resident  of  this  election  precinct (or district), and has
30    resided herein 30 days, and as  I  verily  believe,  in  this
31    State, 30 days next preceding this election.
32        The  oath  in each case may be administered by one of the
33    judges of election,  or  by  any  officer,  resident  in  the
34    precinct  or district, authorized by law to administer oaths.
 
                            -19-           LRB9103030MWgcam06
 1    Also supported by an affidavit by a registered voter residing
 2    in such precinct, stating his  own  residence,  and  that  he
 3    knows  such  person;  and  that  he  does reside at the place
 4    mentioned and has resided in such precinct and state for  the
 5    length  of  time  as  stated  by  such person, which shall be
 6    subscribed and sworn to in the same way. Whereupon  the  vote
 7    of such person shall be received, and entered as other votes.
 8    But such judges, having charge of such registers, shall state
 9    in  their  respective  books  the facts in such case, and the
10    affidavits, so delivered to the judges,  shall  be  preserved
11    and  returned to the office of the commissioners of election.
12    Blank affidavits of the character aforesaid shall be sent out
13    to the judges  of  all  the  precincts,  and  the  judges  of
14    election  shall furnish the same on demand and administer the
15    oaths without criticism. Such oaths, if administered  by  any
16    other  officer  than  such  judge  of  election, shall not be
17    received. Whenever a proposal for a constitutional  amendment
18    or  for  the  calling of a constitutional convention is to be
19    voted upon at the  election,  the  separate  blue  ballot  or
20    ballots  pertaining  thereto  shall  be  placed on top of the
21    other ballots to be voted at the election in such manner that
22    the legend appearing on the back thereof,  as  prescribed  in
23    Section  16-6  of  this  Act, shall be plainly visible to the
24    voter, and in this fashion the ballots shall be handed to the
25    voter by the judge.
26        The voter shall, upon quitting the voting booth,  deliver
27    to one of the judges of election all of the ballots, properly
28    folded,  which he received. The judge of election to whom the
29    voter delivers his ballots shall not accept the  same  unless
30    all of the ballots given to the voter are returned by him. If
31    a  voter  delivers less than all of the ballots given to him,
32    the judge to whom the same are offered shall advise him in  a
33    voice  clearly  audible  to the other judges of election that
34    the voter must return  the  remainder  of  the  ballots.  The
 
                            -20-           LRB9103030MWgcam06
 1    statement of the judge to the voter shall clearly express the
 2    fact  that  the  voter is not required to vote such remaining
 3    ballots but that whether or not he votes them  he  must  fold
 4    and  deliver  them to the judge. In making such statement the
 5    judge of election shall not  indicate  by  word,  gesture  or
 6    intonation  of  voice  that  the  unreturned ballots shall be
 7    voted in  any  particular  manner.  No  new  voter  shall  be
 8    permitted to enter the voting booth of a voter who has failed
 9    to  deliver the total number of ballots received by him until
10    such voter has returned to the voting booth pursuant  to  the
11    judge's  request  and  again  quit  the booth with all of the
12    ballots required to be returned by him. Upon receipt  of  all
13    such  ballots  the judges of election shall enter the name of
14    the voter, and his number, as above provided in this section,
15    and the  judge  to  whom  the  ballots  are  delivered  shall
16    immediately put the ballots into the ballot box. If any voter
17    who  has  failed  to  deliver all the ballots received by him
18    refuses to return to the voting booth after being advised  by
19    the  judge  of  election  as herein provided, the judge shall
20    inform the other judges of such refusal,  and  thereupon  the
21    ballot or ballots returned to the judge shall be deposited in
22    the  ballot  box, the voter shall be permitted to depart from
23    the polling place, and a new  voter  shall  be  permitted  to
24    enter the voting booth.
25        The  judge of election who receives the ballot or ballots
26    from the voter shall announce the residence and name of  such
27    voter  in  a  loud  voice.  The judge shall put the ballot or
28    ballots received from the voter into the ballot  box  in  the
29    presence  of  the  voter  and  the judges of election, and in
30    plain view of the public. The judges having  charge  of  such
31    registers  shall  then,  in a column prepared thereon, in the
32    same line of, the name of the  voter,  mark  "Voted"  or  the
33    letter "V".
34        No  judge  of  election  shall accept from any voter less
 
                            -21-           LRB9103030MWgcam06
 1    than the full  number  of  ballots  received  by  such  voter
 2    without first advising the voter in the manner above provided
 3    of  the  necessity of returning all of the ballots, nor shall
 4    any such judge advise such voter in a manner contrary to that
 5    which is herein permitted, or in any other manner violate the
 6    provisions of this section; provided, that the acceptance  by
 7    a  judge  of election of less than the full number of ballots
 8    delivered to a voter who refuses  to  return  to  the  voting
 9    booth after being properly advised by such judge shall not be
10    a violation of this Section.
11    (Source: P.A. 89-653, eff. 8-14-96.)

12        (10 ILCS 5/18-40)
13        Sec.  18-40.  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,   and   the
20    provisions of those Articles the Article are in conflict with
21    the  provisions of this Article 18, the provisions of Article
22    24B or Article 24C, as the case  may  be,  shall  govern  the
23    procedures  followed by the election authority, its judges of
24    elections, and all employees and agents.   In  following  the
25    provisions  of  Article  24B  or  Article  24C,  the election
26    authority is authorized to develop and  implement  procedures
27    to  fully utilize Precinct Tabulation Optical Scan Technology
28    voting  equipment  or  Direct  Recording  Electronic   Voting
29    Systems  equipment authorized by the State Board of Elections
30    as long as the procedure  is  not  in  conflict  with  either
31    Article  24B, Article 24C, or the administrative rules of the
32    State Board of Elections.
33    (Source: P.A. 89-394, eff. 1-1-97.)
 
                            -22-           LRB9103030MWgcam06
 1        (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
 2        Sec.  19-2.1.  At  the  consolidated   primary,   general
 3    primary,   consolidated,   and  general  elections,  electors
 4    entitled to vote by absentee ballot under the  provisions  of
 5    Section  19-1  may  vote  in  person  at  the  office  of the
 6    municipal  clerk,  if  the  elector  is  a  resident   of   a
 7    municipality not having a board of election commissioners, or
 8    at the office of the township clerk or, in counties not under
 9    township  organization,  at  the  office of the road district
10    clerk if the elector is not a  resident  of  a  municipality;
11    provided,  in  each case that the municipal, township or road
12    district clerk, as the case may be, is authorized to  conduct
13    in-person absentee voting pursuant to this Section.  Absentee
14    voting  in  such municipal and township clerk's offices under
15    this Section shall be conducted from the 22nd day through the
16    day before the election.
17        Municipal and township clerks (or road  district  clerks)
18    who  have  regularly  scheduled  working  hours  at regularly
19    designated offices other than a place of residence and  whose
20    offices  are  open  for business during the same hours as the
21    office of the  election  authority  shall  conduct  in-person
22    absentee  voting  for said elections.  Municipal and township
23    clerks (or  road  district  clerks)  who  have  no  regularly
24    scheduled  working  hours  but  who have regularly designated
25    offices  other  than  a  place  of  residence  shall  conduct
26    in-person absentee voting for said elections during the hours
27    of 8:30 a.m.  to  4:30  p.m.  or  9:00  a.m.  to  5:00  p.m.,
28    weekdays,  and  9:00 a.m. to 12:00 noon on Saturdays, but not
29    during such hours as the office of the election authority  is
30    closed,  unless  the  clerk  files  a written waiver with the
31    election authority not later than July 1 of each year stating
32    that he or she is unable  to  conduct  such  voting  and  the
33    reasons  therefor. Such clerks who conduct in-person absentee
34    voting may extend their hours for that purpose to include any
 
                            -23-           LRB9103030MWgcam06
 1    hours in which  the  election  authority's  office  is  open.
 2    Municipal  and  township clerks (or road district clerks) who
 3    have no regularly scheduled office  hours  and  no  regularly
 4    designated  offices  other  than a place of residence may not
 5    conduct in-person absentee voting for  said  elections.   The
 6    election   authority   may  devise  alternative  methods  for
 7    in-person absentee voting before  said  elections  for  those
 8    precincts   located   within   the   territorial  area  of  a
 9    municipality or township (or road district) wherein the clerk
10    of such municipality  or  township  (or  road  district)  has
11    waived  or  is  not  entitled  to  conduct  such  voting.  In
12    addition,  electors  may  vote  by  absentee ballot under the
13    provisions of Section 19-1 at  the  office  of  the  election
14    authority having jurisdiction over their residence.
15        In  conducting  absentee  voting  under this Section, the
16    respective  clerks  shall  not  be  required  to  verify  the
17    signature of  the  absentee  voter  by  comparison  with  the
18    signature  on the official registration record card. However,
19    the clerk shall reasonably ascertain  the  identity  of  such
20    applicant,  shall  verify  that  each  such  applicant  is  a
21    registered  voter,  and shall verify the precinct in which he
22    or she is registered and the proper ballots of the  political
23    subdivisions  in  which the applicant resides and is entitled
24    to vote, prior to  providing  any  absentee  ballot  to  such
25    applicant.   The   clerk   shall   verify   the   applicant's
26    registration  and  from the most recent poll list provided by
27    the county clerk, and if the applicant is not listed on  that
28    poll list then by telephoning the office of the county clerk.
29        Absentee   voting   procedures   in  the  office  of  the
30    municipal, township and road district clerks shall be subject
31    to all of the  applicable  provisions  of  this  Article  19.
32    Pollwatchers  may  be appointed to observe in-person absentee
33    voting procedures at the office of the municipal, township or
34    road district clerks' offices where such absentee  voting  is
 
                            -24-           LRB9103030MWgcam06
 1    conducted.   Such pollwatchers shall qualify and be appointed
 2    in the same manner as provided in Sections  7-34  and  17-23,
 3    except  each  candidate,  political  party or organization of
 4    citizens may appoint only one pollwatcher for  each  location
 5    where  in-person  absentee voting is conducted.  Pollwatchers
 6    shall  be  residents  of  the  county   and   possess   valid
 7    pollwatcher  credentials.  All  requirements  in this Article
 8    applicable  to  election  authorities  shall  apply  to   the
 9    respective  local clerks, except where inconsistent with this
10    Section.
11        In election jurisdictions that deliver  absentee  ballots
12    to  the polling place to be counted by the precinct judges on
13    election day, the sealed absentee ballots  in  their  carrier
14    envelope  shall  be delivered by the respective clerks, or by
15    the election authority on behalf of a clerk if the clerk  and
16    the  election  authority  agree,  to the proper polling place
17    before the close of the polls  on  the  day  of  the  general
18    primary,   consolidated  primary,  consolidated,  or  general
19    election.
20        In election jurisdictions  that  have  adopted  a  Direct
21    Recording Electronic Voting System under Article 24C and that
22    count   absentee  ballots  in  the  office  of  the  election
23    authority on election day, the  sealed  absentee  ballots  in
24    their  carrier  envelope  shall be delivered to the office of
25    the election authority by the respective  clerks  before  the
26    close  of  the  polls  on  the  day  of  the general primary,
27    consolidated primary, consolidated, or 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
 
                            -25-           LRB9103030MWgcam06
 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. 91-210, eff. 1-1-00.)

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        Except as provided in Article 24C, the election authority
 
                            -26-           LRB9103030MWgcam06
 1    may  choose (i) to have the absentee ballots delivered before
 2    the closing of the polls to their proper polling  places  for
 3    counting  by the precinct judges or (ii) to have the absentee
 4    ballots received after 12:00 noon on election day or too late
 5    for delivery before the closing of the polls on election  day
 6    counted  in  the  office  of the election authority by one or
 7    more panels  of  election  judges  appointed  in  the  manner
 8    provided for in this Code.
 9    (Source: P.A. 81-155.)

10        (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
11        Sec.   19-8.  In   election  jurisdictions  that  deliver
12    absentee ballots to the polling place to be  counted  by  the
13    precinct  judges, the provisions of this Section shall apply.
14       In case an  absent  voter's  ballot  is  received  by  the
15    election  authority  prior  to  the  delivery of the official
16    ballots to the judges of election of the  precinct  in  which
17    said  elector  resides, such ballot envelope and application,
18    sealed in the carrier envelope, shall  be  enclosed  in  such
19    package  and  therewith  delivered  to  the  judges  of  such
20    precinct. In case the official ballots for such precinct have
21    been  delivered  to the judges of election at the time of the
22    receipt by the election  authority  of  such  absent  voter's
23    ballot,   such   authority  shall  immediately  enclose  said
24    envelope containing the absent voter's ballot, together  with
25    his  application  therefor,  in  a larger or carrier envelope
26    which shall be securely sealed and addressed on the  face  to
27    the  judges  of  election,  giving  the  name  or  number  of
28    precinct, street and number of polling place, city or town in
29    which such absent voter is a qualified elector, and the words
30    "This  envelope contains an absent voter's ballot and must be
31    opened only on election day at the  polls  immediately  after
32    the  polls are closed," mailing the same, postage prepaid, to
33    such judges of election, or if more convenient, such  officer
 
                            -27-           LRB9103030MWgcam06
 1    may  deliver  such  absent  voter's  ballot  to the judges of
 2    election in person or by duly deputized agent,  said  officer
 3    to secure his receipt for delivery of such ballot or ballots.
 4    Absent  voters'  ballots  returned  by absentee voters to the
 5    election authority after the  closing  of  the  polls  on  an
 6    election  day  shall  be  endorsed  by the election authority
 7    receiving the same with the day and hour of receipt and shall
 8    be safely kept unopened by such election  authority  for  the
 9    period  of time required for the preservation of ballots used
10    at such election, and shall then, without  being  opened,  be
11    destroyed  in  like  manner  as  the  used  ballots  of  such
12    election.
13        All  absent  voters'  ballots  received  by  the election
14    authority after 12:00 noon on election day or  too  late  for
15    delivery  to  the  proper polling place before the closing of
16    the polls on election  day,  and  Special  Write-In  Absentee
17    Voter's  Blank  Ballots,  except  ballots  returned  by  mail
18    postmarked  after midnight preceding the opening of the polls
19    on election day, and all absent voters' ballots  in  election
20    jurisdictions  that  use voting systems authorized by Article
21    24C shall be endorsed by the election authority receiving the
22    same with the day and hour of receipt and shall be counted in
23    the office of the  election  authority  on  the  day  of  the
24    election   after   7:00  p.m.   All  absent  voters'  ballots
25    delivered in error to the wrong precinct polling place  shall
26    be  returned to the election authority and counted under this
27    provision; however, all  absentee  ballots  received  by  the
28    election  authority  by  the  close of absentee voting in the
29    office of the election authority on the day preceding the day
30    of election shall be delivered to the proper precinct polling
31    places in time to be counted by the judges of election.
32        Such counting shall commence no later than 8:00 p.m.  and
33    shall  be  conducted  by a panel or panels of election judges
34    appointed in the manner provided by law. Such counting  shall
 
                            -28-           LRB9103030MWgcam06
 1    continue   until  all  absent  voters'  ballots  received  as
 2    aforesaid have been counted.
 3        The procedures set forth in Section 19-9 of this Act  and
 4    Articles  17  and  18 of this Code, shall apply to all absent
 5    voters'  ballots  counted  under  this  provision,  including
 6    comparing the signature  on  the  ballot  envelope  with  the
 7    signature  of  the  voter on the permanent voter registration
 8    record card taken from the master  file;  except  that  votes
 9    shall  be recorded by without regard to precinct designation,
10    except for precinct offices.
11    (Source: P.A. 91-357, eff. 7-29-99.)

12        (10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
13        Sec. 19-9. At the close of the regular balloting  and  at
14    the  close of the polls the judges of election of each voting
15    precinct or the panel or panels of judges in  the  office  of
16    the  election authority, as the case may be, shall proceed to
17    cast the absent voter's ballot separately, and as each absent
18    voter's ballot is taken  shall  open  the  outer  or  carrier
19    envelope,  announce  the absent voter's name, and compare the
20    signature upon the application with the  signature  upon  the
21    certification on the ballot envelope and the signature of the
22    voter  on  the  permanent  voter registration record card. In
23    case the judges find the  certifications  properly  executed,
24    that  the signatures correspond, that the applicant is a duly
25    qualified elector in the precinct and the applicant  has  not
26    been  present and voted within the county where he represents
27    himself to be a qualified elector on such election day,  they
28    shall  open the envelope containing the absent voter's ballot
29    in such manner as not to deface or destroy the  certification
30    thereon, or mark or tear the ballots therein and take out the
31    ballot  or  ballots  therein  contained  without unfolding or
32    permitting the same to be unfolded or  examined,  and  having
33    endorsed  the  ballot  in  like  manner  as other ballots are
 
                            -29-           LRB9103030MWgcam06
 1    required to be endorsed, shall deposit the same in the proper
 2    ballot box or boxes and enter the absent voter's name in  the
 3    poll  book  the  same  as if he had been present and voted in
 4    person.  The  judges  shall   place   the   absentee   ballot
 5    certification  envelopes  in  a  separate envelope as per the
 6    direction of the election authority. Such envelope containing
 7    the absentee ballot certification envelopes shall be returned
 8    to the election authority and preserved in like manner as the
 9    official poll record.
10        In case such signatures do not correspond,  or  that  the
11    applicant is not a duly qualified elector in such precinct or
12    that  the  ballot  envelope  is  open  or has been opened and
13    resealed, or that said voter is present and has voted  within
14    the  county  where  he  represents  himself to be a qualified
15    elector on the day of such election  at  such  election  such
16    previously  cast  vote  shall  not  be  allowed,  but without
17    opening  the  absent  voter's  envelope  the  judge  of  such
18    election shall mark  across  the  face  thereof,  "Rejected",
19    giving the reason therefor.
20        In case the ballot envelope contains more than one ballot
21    of  any kind, said ballots shall not be counted, but shall be
22    marked "Rejected", giving the reason therefor.
23        The absent  voters'  envelopes  and  affidavits  and  the
24    absent voters' envelope with its contents unopened, when such
25    absent  vote  is  rejected shall be retained and preserved in
26    the manner as now provided for the retention and preservation
27    of official ballots rejected at such election.
28        As  applied  to  an  absentee  ballot  of  a  permanently
29    disabled voter who has complied  with  Section  19-12.1,  the
30    word  "certification"  as  used  in  this  Section  shall  be
31    construed  to refer to the unsworn statement subscribed to by
32    the voter pursuant to Section 19-12.1.
33    (Source: P.A. 87-1052.)
 
                            -30-           LRB9103030MWgcam06
 1        (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
 2        Sec. 19-10. Pollwatchers  may  be  appointed  to  observe
 3    in-person  absentee  voting  procedures  at the office of the
 4    election authority as well as at municipal, township or  road
 5    district  clerks'  offices  where  such  absentee  voting  is
 6    conducted.   Such pollwatchers shall qualify and be appointed
 7    in the same manner as provided in Sections  7-34  and  17-23,
 8    except  each  candidate,  political  party or organization of
 9    citizens may appoint only one pollwatcher for  each  location
10    where  in-person  absentee voting is conducted.  Pollwatchers
11    shall  be  residents  of  the  county   and   possess   valid
12    pollwatcher credentials.
13        In  the polling place on election day, pollwatchers shall
14    be permitted to be present during the casting of  the  absent
15    voters'  ballots  and  the  vote  of  any absent voter may be
16    challenged for cause the same as if he were present and voted
17    in person, and the judges  of  the  election  or  a  majority
18    thereof  shall have power and authority to hear and determine
19    the legality of such ballot; Provided,  however,  that  if  a
20    challenge  to  any absent voter's right to vote is sustained,
21    notice of the same must be given by the judges of election by
22    mail addressed to the voter's place of residence.
23        Where certain absent voters' ballots are counted  on  the
24    day  of  the election in the office of the election authority
25    as provided in this Article Section 19-8 of  this  Act,  each
26    political  party,  candidate and qualified civic organization
27    shall be entitled to have present one  pollwatcher  for  each
28    panel  of election judges therein assigned. Such pollwatchers
29    shall be subject to the same provisions as are  provided  for
30    pollwatchers  in  Sections  7-34  and 17-23 of this Code, and
31    shall be permitted to observe the election judges making  the
32    signature  comparison   between that which is on the absentee
33    ballot application and that which is on the  ballot  envelope
34    and  that which is on the permanent voter registration record
 
                            -31-           LRB9103030MWgcam06
 1    card taken from the master file.
 2    (Source: P.A. 86-875.)

 3        (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
 4        Sec.   19-12.2.  Voting   by   physically   incapacitated
 5    electors who have made proper  application  to  the  election
 6    authority  not  later  than 5 days before the regular primary
 7    and  general  election  of  1980  and  before  each  election
 8    thereafter shall be conducted on the premises  of  facilities
 9    licensed  or  certified pursuant to the Nursing Home Care Act
10    for the sole benefit of residents of  such  facilities.  Such
11    voting  shall  be  conducted  during  any  continuous  period
12    sufficient  to  allow  all  applicants  to cast their ballots
13    between the hours of 9 a.m. and 7 p.m. either on the  Friday,
14    Saturday,  Sunday or Monday immediately preceding the regular
15    election. This absentee voting on one of said days designated
16    by the election authority shall be supervised by two election
17    judges who must be selected by the election authority in  the
18    following  order  of  priority:  (1) from the panel of judges
19    appointed for the precinct in which such facility is located,
20    or from a panel of judges appointed for  any  other  precinct
21    within the jurisdiction of the election authority in the same
22    ward  or  township, as the case may be, in which the facility
23    is located or, only in the case where a judge or judges  from
24    the  precinct, township or ward are unavailable to serve, (3)
25    from a panel of  judges  appointed  for  any  other  precinct
26    within  the  jurisdiction  of the election authority. The two
27    judges shall be from different political  parties.  Not  less
28    than  30  days  before  each  regular  election, the election
29    authority shall have arranged with the  chief  administrative
30    officer  of each facility in his or its election jurisdiction
31    a mutually convenient time period on  the  Friday,  Saturday,
32    Sunday  or Monday immediately preceding the election for such
33    voting on the premises of the facility and shall  post  in  a
 
                            -32-           LRB9103030MWgcam06
 1    prominent  place  in his or its office a notice of the agreed
 2    day and time  period  for  conducting  such  voting  at  each
 3    facility;  provided  that  the  election  authority shall not
 4    later than noon on the Thursday before the election also post
 5    the names and addresses of those  facilities  from  which  no
 6    applications   were  received  and  in  which  no  supervised
 7    absentee voting will be conducted.  All  provisions  of  this
 8    Code  applicable  to pollwatchers shall be applicable herein.
 9    To the maximum extent  feasible,  voting  booths  or  screens
10    shall  be provided to insure the privacy of the voter. Voting
11    procedures shall be as described in Article 17 of this  Code,
12    except  that ballots shall be treated as absentee ballots and
13    shall not be counted until the close  of  the  polls  on  the
14    following day. After the last voter has concluded voting, the
15    judges  shall seal the ballots in an envelope and affix their
16    signatures across  the  flap  of  the  envelope.  Immediately
17    thereafter, the judges shall bring the sealed envelope to the
18    office  of  the  election  authority  who  shall preserve the
19    ballots in the office of  the  election  authority  in  those
20    jurisdictions that have adopted a Direct Recording Electronic
21    Voting  System  under  Article  24C  and  that count absentee
22    ballots in  the office of the  election  authority  or  shall
23    deliver  the  such  ballots  to  the  proper precinct polling
24    places prior to the closing  of  the  polls  on  the  day  of
25    election   in  election  jurisdictions  that  count  absentee
26    ballots in the polling place.   Provided,  that  in  election
27    jurisdictions  that  count  absentee  ballots  in the polling
28    place the election authority may arrange for the  judges  who
29    conduct  such  voting  on  the  Monday before the election to
30    deliver the sealed envelope directly to the  proper  precinct
31    polling  place on the day of election and shall announce such
32    procedure in the 30 day notice  heretofore  prescribed.   The
33    judges   of  election  shall  also  report  to  the  election
34    authority the name of any applicant in the facility who,  due
 
                            -33-           LRB9103030MWgcam06
 1    to  unforeseen  circumstance  or  condition  or  because of a
 2    religious holiday, was unable to vote.  In  this  event,  the
 3    election authority may appoint a qualified person from his or
 4    its  staff to deliver the ballot to such applicant on the day
 5    of  election.   This  staff  person  shall  follow  the  same
 6    procedures prescribed for judges conducting  absentee  voting
 7    in such facilities; but shall return the ballot to the proper
 8    precinct  polling  place  before the polls close. However, if
 9    the facility from which the application was made is also used
10    as a regular precinct polling place for  that  voter,  voting
11    procedures  heretofore  prescribed may be implemented by 2 of
12    the election judges of opposite party affiliation assigned to
13    that polling place during the hours of voting on the  day  of
14    the  election.  Judges  of  election shall be compensated not
15    less than $25.00  for  conducting  absentee  voting  in  such
16    facilities.
17        Not  less than 120 days before each regular election, the
18    Department of Public Health shall certify to the State  Board
19    of  Elections  a list of the facilities licensed or certified
20    pursuant to the Nursing Home Care Act, and shall indicate the
21    approved  bed  capacity   and   the   name   of   the   chief
22    administrative  officer  of each such facility, and the State
23    Board of Elections shall certify the same to the  appropriate
24    election authority within 20 days thereafter.
25    (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)

26        (10 ILCS 5/19-15)
27        Sec.  19-15.  Precinct tabulation optical scan technology
28    voting  equipment  and  direct  recording  electronic  voting
29    systems equipment.
30        If the election authority has adopted the use of Precinct
31    Tabulation Optical Scan Technology voting equipment  pursuant
32    to  Article  24B  of this Code or Direct Recording Electronic
33    Voting  Systems  equipment  under  Article   24C,   and   the
 
                            -34-           LRB9103030MWgcam06
 1    provisions of those Articles the Article are in conflict with
 2    the  provisions of this Article 19, the provisions of Article
 3    24B or Article 24C, as the case  may  be,  shall  govern  the
 4    procedures  followed by the election authority, its judges of
 5    elections, and all employees and agents.   In  following  the
 6    provisions  of  Article  24B  or  Article  24C,  the election
 7    authority is authorized to develop and  implement  procedures
 8    to  fully utilize Precinct Tabulation Optical Scan Technology
 9    voting  equipment  or  Direct  Recording  Electronic   Voting
10    Systems  equipment authorized by the State Board of Elections
11    as long as the procedure  is  not  in  conflict  with  either
12    Article  24B, Article 24C, or the administrative rules of the
13    State Board of Elections.
14    (Source: P.A. 89-394, eff. 1-1-97.)

15        (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
16        Sec. 20-2. Any  member  of  the  United  States  Service,
17    otherwise qualified to vote, who expects in the course of his
18    duties  to  be  absent from the county in which he resides on
19    the day of holding any election may make application  for  an
20    absentee ballot to the election authority having jurisdiction
21    over his precinct of residence on the official postcard or on
22    a  form  furnished by the election authority as prescribed by
23    Section 20-3 of this Article not less than 10 days before the
24    election. A request pursuant to this  Section  shall  entitle
25    the applicant to an absentee ballot for every election in one
26    calendar  year.  The original application for ballot shall be
27    kept in the office of the election authority for one year  as
28    authorization to send a ballot to the voter for each election
29    to  be  held  within that calendar year.  A certified copy of
30    such application for ballot shall be sent each election  with
31    the  absentee  ballot to the polling place to be used in lieu
32    of the original application for ballot. No registration shall
33    be required in order to vote pursuant to this Section.
 
                            -35-           LRB9103030MWgcam06
 1        Ballots  under  this  Section  shall  be  mailed  by  the
 2    election authority in the manner prescribed by  Section  20-5
 3    of  this  Article and not otherwise. Ballots voted under this
 4    Section  must  be  returned  to  the  election  authority  in
 5    sufficient time for  delivery  (i)  to  the  proper  precinct
 6    polling  place  before the closing of the polls on the day of
 7    the election in jurisdictions that count absentee ballots  in
 8    the  polling  place  or  (ii)  to  the office of the election
 9    authority  before  the  closing  of  the   polls   in   those
10    jurisdictions that have adopted a Direct Recording Electronic
11    Voting  System  under  Article  24C  and  that count absentee
12    ballots in the office of the election authority.
13    (Source: P.A. 86-875.)

14        (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
15        Sec. 20-2.1. Citizens of the  United  States  temporarily
16    residing  outside the territorial limits of the United States
17    who are not registered but otherwise qualified  to  vote  and
18    who expect to be absent from their county of residence during
19    the periods of voter registration provided for in Articles 4,
20    5  or  6 of this Code and on the day of holding any election,
21    may make simultaneous application to the  election  authority
22    having  jurisdiction  over their precinct of residence for an
23    absentee registration and absentee ballot not  less  than  30
24    days before the election. Such application may be made on the
25    official  postcard  or  on  a  form furnished by the election
26    authority as prescribed by Section 20-3 of  this  Article.  A
27    request  pursuant to this Section shall entitle the applicant
28    to an absentee ballot for  every  election  in  one  calendar
29    year.  The  original  application for ballot shall be kept in
30    the  office  of  the  election  authority  for  one  year  as
31    authorization to send a ballot to the voter for each election
32    to be held within that calendar year.  A  certified  copy  of
33    such  application for ballot shall be sent each election with
 
                            -36-           LRB9103030MWgcam06
 1    the absentee ballot to the polling place to be used  in  lieu
 2    of the original application for ballot.
 3        Registration  shall be required in order to vote pursuant
 4    to this Section. However, if the election authority  receives
 5    one  of  such applications after 30 days but not less than 10
 6    days before a Federal election, said applicant shall be  sent
 7    a ballot containing the Federal offices only and registration
 8    for that election shall be waived.
 9        Ballots  under  this  Section  shall  be  mailed  by  the
10    election  authority  in the manner prescribed by Section 20-5
11    of this Article and not otherwise.
12        Ballots under  this  Section  must  be  returned  to  the
13    election authority in sufficient time for delivery (i) to the
14    proper precinct polling place before the closing of the polls
15    on  the day of the election in those jurisdictions that count
16    absentee ballots in the polling place or (ii) to  the  office
17    of  the election authority before the closing of the polls on
18    election day in  those  jurisdictions  that  have  adopted  a
19    Direct  Recording  Electronic Voting System under Article 24C
20    and that count absentee ballots in the office of the election
21    authority.
22    (Source: P.A. 86-875.)

23        (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
24        Sec.  20-2.2.    Any   non-resident   civilian   citizen,
25    otherwise  qualified  to  vote,  may  make application to the
26    election authority having jurisdiction over his  precinct  of
27    former  residence  for  an  absentee  ballot  containing  the
28    Federal  offices  only not less than 10 days before a Federal
29    election.  Such application may be made only on the  official
30    postcard.  A  request  pursuant to this Section shall entitle
31    the applicant to an absentee ballot for every election in one
32    calendar year  at  which  Federal  offices  are  filled.  The
33    original  application  for ballot shall be kept in the office
 
                            -37-           LRB9103030MWgcam06
 1    of the election authority for one year  as  authorization  to
 2    send  a  ballot  to  the  voter  for each election to be held
 3    within that  calendar  year  at  which  Federal  offices  are
 4    filled.   A  certified  copy  of  such application for ballot
 5    shall be sent each election with the absentee ballot  to  the
 6    polling  place to be used in lieu of the original application
 7    for ballot. No registration shall be  required  in  order  to
 8    vote  pursuant  to  this Section.  Ballots under this Section
 9    shall be mailed by  the  election  authority  in  the  manner
10    prescribed by Section 20-5 of this Article and not otherwise.
11    Ballots  under  this Section must be returned to the election
12    authority in sufficient time for delivery (i) to  the  proper
13    precinct polling place before the closing of the polls on the
14    day  of  the  election  in  those  jurisdictions  that  count
15    absentee  ballots  in the polling place or (ii) to the office
16    of the election authority before the closing of the polls  on
17    election  day  in  those  jurisdictions  that  have adopted a
18    Direct Recording Electronic Voting System under  Article  24C
19    and that count absentee ballots in the office of the election
20    authority.
21    (Source: P.A. 86-875.)

22        (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
23        Sec.  20-7.  Upon  receipt of such absent voter's ballot,
24    the officer  or  officers  above  described  shall  forthwith
25    enclose the same unopened, together with the application made
26    by  said  absent  voter  in a large or carrier envelope which
27    shall be securely sealed  and  endorsed  with  the  name  and
28    official  title of such officer and the words, "This envelope
29    contains an absent voter's  ballot  and  must  be  opened  on
30    election  day,"  together  with the number and description of
31    the precinct in which said ballot is to be  voted,  and  such
32    officer  shall  thereafter safely keep the same in his office
33    until counted by him as provided in  this  Article  the  next
 
                            -38-           LRB9103030MWgcam06
 1    section.
 2        Except as provided in Article 24C, the election authority
 3    may  choose (i) to deliver the absentee ballots to the proper
 4    precinct polling place before the close of the polls  on  the
 5    election  day to be counted by the precinct judges or (ii) to
 6    have the  absentee  ballots  received  after  12:00  noon  on
 7    election  day  or too late for delivery before the closing of
 8    the polls on election  day  counted  in  the  office  of  the
 9    election  authority  by one or more panels of election judges
10    appointed in the manner provided for in this Code.
11    (Source: P.A. 81-155.)

12        (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
13        Sec.  20-8.  (a) In  election  jurisdictions  that  count
14    absentee ballots in the polling place, this subsection  shall
15    apply.
16        In  case  any  such  ballot  is  received by the election
17    authority  prior to the delivery of the official  ballots  to
18    the  judges of election of the precinct in which said elector
19    resides, such ballot envelope and application, sealed in  the
20    carrier  envelope, shall be enclosed in the same package with
21    the other official ballots and  therewith  delivered  to  the
22    judges  of  such  precinct.  In case the official ballots for
23    such precinct have been delivered to the judges  of  election
24    at  the time of the receipt by the election authority of such
25    absent voter's ballot,  it  shall  immediately  enclose  said
26    envelope  containing the absent voter's ballot, together with
27    his application therefor, in a  larger  or  carrier  envelope
28    which  shall  be securely sealed and addressed on the face to
29    the  judges  of  election,  giving  the  name  or  number  of
30    precinct, street and number of polling place, city or town in
31    which such absent voter  is  a  qualified  elector,  and  the
32    words,  "This  envelope contains an absent voter's ballot and
33    must be opened only on election day at the polls  immediately
 
                            -39-           LRB9103030MWgcam06
 1    after  the  polls  are  closed,"  mailing  the  same, postage
 2    prepaid, to such judges of election, or if more convenient he
 3    or it may deliver such absent voter's ballot to the judges of
 4    election in person or by duly deputized agent and secure  his
 5    receipt  for  delivery  of  such  ballot  or  ballots. Absent
 6    voter's ballots  postmarked  after  11:59  p.m.  of  the  day
 7    immediately  preceding  the election returned to the election
 8    authority too late to be  delivered  to  the  proper  polling
 9    place  before the closing of the polls on the day of election
10    shall be endorsed by the person receiving the same  with  the
11    day  and hour of receipt and shall be safely kept unopened by
12    the election authority for the period of  time  required  for
13    the  preservation of ballots used at such election, and shall
14    then, without being opened, be destroyed in  like  manner  as
15    the used ballots of such election.
16        (b)  All  absent voters' ballots received by the election
17    authority after 12:00 noon on election day or  too  late  for
18    delivery  to  the  proper polling place before the closing of
19    the polls on election day, except ballots  returned  by  mail
20    postmarked  after midnight preceding the opening of the polls
21    on election day, and all absent voters' ballots  in  election
22    jurisdictions  that  use voting systems authorized by Article
23    24C shall be counted in the office of the election  authority
24    on the day of the election after 7:00 p.m. All absent voters'
25    ballots  delivered  in  error  to  the wrong precinct polling
26    place shall be returned to the election authority and counted
27    under this provision.
28        Such counting shall commence no later than 8:00 p.m.  and
29    shall  be  conducted  by a panel or panels of election judges
30    appointed in the manner provided by law. Such counting  shall
31    continue   until  all  absent  voters'  ballots  received  as
32    aforesaid have been counted.
33        The procedures set forth in Section 19-9 of this Act  and
34    Articles  17  and  18 of this Code, shall apply to all absent
 
                            -40-           LRB9103030MWgcam06
 1    voters' ballots counted under  this  provision;  except  that
 2    votes  shall  be  recorded  by  without  regard  to  precinct
 3    designation.
 4        Where  certain  absent voters' ballots are counted in the
 5    office of the election authority as provided in this Section,
 6    each  political  party,   candidate   and   qualified   civic
 7    organization   shall   be   entitled   to  have  present  one
 8    pollwatcher  for  each  panel  of  election  judges   therein
 9    assigned.
10    (Source: P.A. 84-861.)

11        (10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
12        Sec.  20-9.  At the close of the regular balloting and at
13    the close of the polls the judges of election of each  voting
14    precinct  or  the  panel or panels of judges in the office of
15    the election authority, as the case may be, shall proceed  to
16    cast the absent voter's ballot separately, and as each absent
17    voter's  ballot  is  taken  shall  open  the outer or carrier
18    envelope, announce the absent voter's name, and  compare  the
19    signature  upon  the  application with the signature upon the
20    registration record card if the voter is registered  or  upon
21    the  certification  on  the  ballot  envelope  if there is no
22    registration card. In case the judges find the certifications
23    properly executed, that the signatures correspond,  that  the
24    applicant is a duly qualified elector in the precinct and the
25    applicant  has  not  been present and voted within the county
26    where he represents himself to be a qualified elector on such
27    election day, they shall open  the  envelope  containing  the
28    absent  voter's  ballot  in  such  manner as not to deface or
29    destroy the  certification  thereon,  or  mark  or  tear  the
30    ballots  therein  and  take out the ballot or ballots therein
31    contained without unfolding or  permitting  the  same  to  be
32    unfolded  or  examined,  and having endorsed or initialed the
33    ballot in like manner as other ballots  are  required  to  be
 
                            -41-           LRB9103030MWgcam06
 1    endorsed,  shall deposit the same in the proper ballot box or
 2    boxes  and  mark  the  voter's   registration   record   card
 3    accordingly  or  file  the  application  in lieu thereof. The
 4    judges  shall  place  the   absentee   ballot   certification
 5    envelopes  in a separate envelope as per the direction of the
 6    election authority. Such  envelope  containing  the  absentee
 7    ballot  certification  envelopes  shall  be  returned  to the
 8    election authority  and  preserved  in  like  manner  as  the
 9    official poll record.
10        In  case  the  signatures  do not correspond, or that the
11    applicant is not a duly qualified elector in such precinct or
12    that the ballot envelope is  open  or  has  been  opened  and
13    resealed  (except for the purpose of military censorship), or
14    that said voter is present and has voted  within  the  county
15    where  he represents himself to be a qualified elector on the
16    day of such election at such election  such  previously  cast
17    vote  shall  not  be  allowed, but without opening the absent
18    voter's envelope the judge of such election shall mark across
19    the face thereof, "Rejected", giving the reason therefor.
20        In case the ballot envelope contains  duplicate  ballots,
21    said  ballots  shall  not  be  counted,  but  shall be marked
22    "Rejected", giving the reason therefor.
23        The absent voters' envelopes and certifications  and  the
24    absent voters' envelope with its contents unopened, when such
25    absent  vote  is  rejected shall be retained and preserved in
26    the manner as now provided for the retention and preservation
27    of official ballots rejected at such election.
28    (Source: P.A. 87-1052.)

29        (10 ILCS 5/20-15)
30        Sec. 20-15.  Precinct tabulation optical scan  technology
31    voting  equipment  and  direct  recording  electronic  voting
32    systems equipment.
33        If the election authority has adopted the use of Precinct
 
                            -42-           LRB9103030MWgcam06
 1    Tabulation  Optical Scan Technology voting equipment pursuant
 2    to Article 24B of this Code or  Direct  Recording  Electronic
 3    Voting  Systems equipment under Article 24C of this Code, and
 4    the provisions of those Articles the Article are in  conflict
 5    with  the  provisions  of  this Article 20, the provisions of
 6    Article 24B or Article 24C, as the case may be, shall  govern
 7    the procedures followed by the election authority, its judges
 8    of elections, and all employees and agents.  In following the
 9    provisions  of  Article  24B  or  Article  24C,  the election
10    authority is authorized to develop and  implement  procedures
11    to  fully utilize Precinct Tabulation Optical Scan Technology
12    voting  equipment  or  Direct  Recording  Electronic   Voting
13    Systems  equipment authorized by the State Board of Elections
14    as long as the procedure  is  not  in  conflict  with  either
15    Article  24B, Article 24C, or the administrative rules of the
16    State Board of Elections.
17    (Source: P.A. 89-394, eff. 1-1-97.)

18        (10 ILCS 5/Art. 24C heading new)
19                   ARTICLE 24C.  DIRECT RECORDING
20                      ELECTRONIC VOTING SYSTEMS

21        (10 ILCS 5/24C-1 new)
22        Sec. 24C-1. Purpose.  The purpose of this Article  is  to
23    authorize  the  use  of  Direct  Recording  Electronic Voting
24    Systems approved by the  State  Board  of  Elections.   In  a
25    Direct  Recording Electronic Voting System, voters cast votes
26    by means of a ballot  display  provided  with  mechanical  or
27    electro-optical  devices  that can be activated by the voters
28    to mark their choices for the candidates of their  preference
29    and for or against public questions. The voting devices shall
30    be  capable  of  instantaneously recording the votes, storing
31    the votes, and tabulating the votes  at  the  precinct.  This
32    Article  authorizes  the  use  of Direct Recording Electronic
 
                            -43-           LRB9103030MWgcam06
 1    Voting Systems for in-precinct counting applications,  except
 2    that  absentee  ballots  must be counted at the office of the
 3    election authority.

 4        (10 ILCS 5/24C-2 new)
 5        Sec. 24C-2. Definitions.  As used in this Article:
 6        "Audit  trail"  means  a  continuous  trail  of  evidence
 7    linking individual transactions related  to  the  vote  count
 8    with  the  summary  record of vote totals, but that shall not
 9    allow for the identification of the voter.  It  shall  permit
10    verification  of  the accuracy of the count and detection and
11    correction of problems and shall provide  a  record  of  each
12    step  taken in: defining and producing ballots and generating
13    related software for specific elections;  installing  ballots
14    and   software;   testing   system   readiness;  casting  and
15    tabulating ballots; and producing  reports  of  vote  totals.
16    The record shall incorporate system status and error messages
17    generated  during  election  processing,  including  a log of
18    machine activities and routine and  unusual  intervention  by
19    authorized  and  unauthorized  individuals.   Also part of an
20    election audit trail is the documentation of  such  items  as
21    ballots  delivered  and  collected, administrative procedures
22    for system security, pre-election testing of voting  systems,
23    and maintenance performed on voting equipment.
24        "Ballot"  means  an  electronic audio or video display or
25    any other medium used to record a  voter's  choices  for  the
26    candidates of his or her preference and for or against public
27    questions.
28        "Ballot  configuration"  means the particular combination
29    of political subdivision or district ballots  including,  for
30    each   political  subdivision  or  district,  the  particular
31    combination of offices, candidate names, and public questions
32    as they appear for each group of voters who may cast the same
33    ballot.
 
                            -44-           LRB9103030MWgcam06
 1        "Ballot image" means a  corresponding  representation  in
 2    electronic form of the mark or vote position of a ballot.
 3        "Ballot  label"  or  "ballot screen" means the display of
 4    material containing the names of offices and  candidates  and
 5    public questions to be voted on.
 6        "Computer",    "automatic   and   electronic   tabulating
 7    equipment", or "equipment" includes (i)  apparatus  necessary
 8    to automatically or electronically examine and count votes as
 9    designated  on ballots and (ii) data processing machines that
10    can be used for counting ballots and tabulating results.
11        "Computer  operator"  means   any   person   or   persons
12    designated by the election authority to operate the automatic
13    tabulating  equipment during any portion of the vote tallying
14    process in an election,  but  shall  not  include  judges  of
15    election operating vote tabulating equipment in the precinct.
16        "Computer   program"   or  "program"  means  the  set  of
17    operating  instructions  for  the  automatic  or   electronic
18    tabulating   equipment   that   examines,   records,  counts,
19    tabulates, canvasses, and prints votes recorded by a voter on
20    a ballot.
21        "Direct  recording  electronic  voting  system",  "voting
22    system", or "system" means the combination of  equipment  and
23    programs  that  records  votes  by  means of a ballot display
24    provided with mechanical or electro-optical devices that  can
25    be  activated  by the voter, that processes the data by means
26    of a computer program, that records voting  data  and  ballot
27    images  in  internal  memory  devices,  and  that  produces a
28    tabulation of the voting data as hard copy  or  stored  in  a
29    removable memory device.
30        "Edit  listing" means a computer generated listing of the
31    names of each candidate and public question as they appear in
32    the program for each precinct.
33        "In-precinct counting" means the recording  and  counting
34    of  ballots  on  automatic or electronic tabulating equipment
 
                            -45-           LRB9103030MWgcam06
 1    provided by the  election  authority  in  the  same  precinct
 2    polling place in which those ballots have been cast.
 3        "Separate ballot" means a separate page or display screen
 4    of  the  ballot  that  is clearly defined and distinguishable
 5    from other portions of the ballot.
 6        "Voting  device"  or  "voting  machine"  means  a  Direct
 7    Recording Voting System apparatus.

 8        (10 ILCS 5/24C-3 new)
 9        Sec. 24C-3. Adoption, experimentation, or abandonment  of
10    Direct  Recording  Electronic  Voting  System;  boundaries of
11    precincts; notice.  Except as otherwise provided  in  Section
12    24C-20,  any  county  board or board of county commissioners,
13    with respect to territory within its jurisdiction, may adopt,
14    experiment with, or abandon  a  Direct  Recording  Electronic
15    Voting  System  approved  for  use  by  the  State  Board  of
16    Elections  and  may  use  the  system  in  all or some of the
17    precincts within its jurisdiction,  or  in  combination  with
18    punch  cards, paper ballots, or ballot sheets. In no case may
19    a county board, board of county commissioners,  or  board  of
20    election  commissioners contract or arrange for the purchase,
21    lease, or loan of a Direct Recording Electronic Voting System
22    or system component without the approval of the  State  Board
23    of Elections as provided by Section 24C-16.  The county board
24    and  board  of  county  commissioners of each county having a
25    population of 40,000 or more, with respect to  all  elections
26    for  which  an election authority is charged with the duty of
27    providing materials  and  supplies,  must  provide  either  a
28    Direct Recording Electronic Voting System approved for use by
29    the  State  Board  of  Elections under this Article or voting
30    systems under Article 24, Article 24A,  or  Article  24B  for
31    each  precinct  for  all  elections,  except  as  provided in
32    Section 24-1.2.  For purposes of  this  Section  "population"
33    does  not  include  persons prohibited from voting by Section
 
                            -46-           LRB9103030MWgcam06
 1    3-5 of this Code.
 2        Before any Direct Recording Electronic Voting  System  is
 3    introduced, adopted, or used in any precinct or territory, at
 4    least 2 months public notice must be given before the date of
 5    the  first  election  when  the  system  is  to be used.  The
 6    election authority shall publish the notice at least once  in
 7    one  or more newspapers published within the county, or other
 8    jurisdiction, where the election is held.   If  there  is  no
 9    such  newspaper, the notice shall be published in a newspaper
10    published in the county  and  having  a  general  circulation
11    within  the  jurisdiction.  The notice shall be substantially
12    as follows:
13        "Notice is hereby given that on (give date),  at  (insert
14    place  where  election  is  held)  in  the  county of (insert
15    county) an election will be held for (insert name of  offices
16    to  be  filled) at which a Direct Recording Electronic Voting
17    System will be used."
18        Dated at ... (insert date)"
19        This notice referred to shall be given only at the  first
20    election  at  which  the  Direct  Recording Electronic Voting
21    System is used.

22        (10 ILCS 5/24C-3.1 new)
23        Sec. 24C-3.1. Retention, consolidation, or alteration  of
24    existing  precincts;  change  of  location.   When  a  Direct
25    Recording  Electronic Voting System is used, the county board
26    or  board  of  election  commissioners  may  retain  existing
27    precincts or may consolidate, combine,  alter,  decrease,  or
28    enlarge  the boundaries of the precincts to change the number
29    of registered voters  of  the  precincts  using  the  system,
30    establishing  the  number  of  registered  voters within each
31    precinct at a number not to exceed  800  as  the  appropriate
32    county  board  or  board of election commissioners determines
33    will afford adequate  voting  facilities  and  efficient  and
 
                            -47-           LRB9103030MWgcam06
 1    economical elections.
 2        Except  in  the  event of a fire, flood, or total loss of
 3    heat in a place fixed or established pursuant to law  by  any
 4    county  board or board of election commissioners as a polling
 5    place for an election, no election authority shall change the
 6    location of a polling  place  established  for  any  precinct
 7    after  notice  of  the place of holding the election for that
 8    precinct has been given as required under Article 12,  unless
 9    the  election authority notifies all registered voters in the
10    precinct of the change in location by  first  class  mail  in
11    sufficient  time  for  the  notice  to  be  received  by  the
12    registered  voters  in the precinct at least one day prior to
13    the date of the election.

14        (10 ILCS 5/24C-4 new)
15        Sec. 24C-4. Use of  Direct  Recording  Electronic  Voting
16    System;  requisites;  applicable procedure.  Direct Recording
17    Electronic Voting Systems may be used in  elections  provided
18    that  the  systems  enable  the  voter to cast a vote for all
19    offices and on all public questions for which he  or  she  is
20    entitled  to  vote, and that the systems are approved for use
21    by the State Board of Elections.
22        So far as applicable, the procedure provided  for  voting
23    paper  ballots  shall  apply when Direct Recording Electronic
24    Voting Systems are used.  The provisions of this Article  24C
25    will govern when there are conflicts.

26        (10 ILCS 5/24C-5 new)
27        Sec.  24C-5.  Voting booths.  In precincts where a Direct
28    Recording Electronic Voting  System  is  used,  a  sufficient
29    number  of voting booths shall be provided for the use of the
30    system according to the requirements determined by the  State
31    Board  of  Elections.  Each booth shall be placed so that the
32    entrance to each booth faces a wall in a manner that no judge
 
                            -48-           LRB9103030MWgcam06
 1    of election or pollwatcher is able to observe a voter casting
 2    a ballot.

 3        (10 ILCS 5/24C-5.1 new)
 4        Sec. 24C-5.1. Instruction of voters.  Before entering the
 5    voting booth each voter shall be offered instruction in using
 6    the  Direct   Recording   Electronic   Voting   System.    In
 7    instructing  voters, no election judge may show partiality to
 8    any political party or candidate.  The duties of  instruction
 9    shall  be  discharged  by  a judge from each of the political
10    parties represented  and  they  shall  alternate  serving  as
11    instructor  so  that  each  judge  shall serve a like time at
12    those duties.  No instructions may be given after  the  voter
13    has entered the voting booth.
14        No  election judge or person assisting a voter may in any
15    manner request, suggest, or seek to persuade  or  induce  any
16    voter  to  cast  his  or  her vote for any particular ticket,
17    candidate,  amendment,   question,   or   proposition.    All
18    instructions  shall  be  given by election judges in a manner
19    that it may be observed  by  other  persons  in  the  polling
20    place.

21        (10 ILCS 5/24C-5.2 new)
22        Sec.   24C-5.2.   Demonstration   of   Direct   Recording
23    Electronic  Voting System; placement in public library.  When
24    a Direct Recording Electronic Voting System is to be used  in
25    a  forthcoming  election, the election authority may provide,
26    for the purpose of instructing voters in  the  election,  one
27    demonstrator  Direct  Recording Electronic Voting System unit
28    for placement in any  public  library  within  the  political
29    subdivision  where the election occurs. If the placement of a
30    demonstrator takes place it shall be made available at  least
31    30 days before the election.
 
                            -49-           LRB9103030MWgcam06
 1        (10 ILCS 5/24C-6 new)
 2        Sec.  24C-6.  Ballot  information;  arrangement; absentee
 3    ballots; spoiled ballots.  The ballot information  shall,  as
 4    far  as  practicable, be in the order of arrangement provided
 5    for paper ballots, except that  the  information  may  be  in
 6    vertical  or horizontal rows or on a number of separate pages
 7    or display screens.
 8        All public questions, including but not limited to public
 9    questions   calling   for   a   constitutional    convention,
10    constitutional  amendment,  or  judicial  retention, shall be
11    placed on the ballot  separate  and  apart  from  candidates.
12    Ballots  for all public questions shall be clearly designated
13    pursuant  to  administrative  rule  of  the  State  Board  of
14    Elections.  More than one amendment to the  constitution  may
15    be   placed  on  the  same  portion  of  the  ballot  screen.
16    Constitutional   convention   or   constitutional   amendment
17    propositions  shall  precede   all   candidates   and   other
18    propositions and shall be placed on a separate portion of the
19    ballot  and  designated  by  borders or unique color screens,
20    unless otherwise provided by administrative rule of the State
21    Board of Elections.  More than one  public  question  may  be
22    placed  on the same portion of the ballot. Judicial retention
23    propositions shall be placed on a  separate  portion  of  the
24    ballot  designated  pursuant  to  administrative  rule of the
25    State Board of  Elections.  More  than  one  proposition  for
26    retention  of  judges  in  office  may  be placed on the same
27    portion of the ballot.
28        The party affiliation, if any, of each candidate  or  the
29    word  "independent",  where  applicable, shall appear near or
30    under the candidate's name, and the names of  candidates  for
31    the same office shall be listed vertically under the title of
32    that  office.   In  the  case  of  nonpartisan  elections for
33    officers of political subdivisions, unless the statute or  an
34    ordinance  adopted  pursuant  to  Article VII of the Illinois
 
                            -50-           LRB9103030MWgcam06
 1    Constitution requires otherwise, the listing  of  nonpartisan
 2    candidates  shall  not  include  any  party  or "independent"
 3    designation. In primary elections, a separate  ballot,  shall
 4    be  used for each political party holding a primary, with the
 5    ballot arranged to include names of  the  candidates  of  the
 6    party and public questions and other propositions to be voted
 7    upon on the day of the primary election.
 8        If  the  ballot  includes  both candidates for office and
 9    public questions or propositions to be voted on, the election
10    official in charge of the election shall divide the ballot in
11    sections for "Candidates" and "Public Questions", or separate
12    ballots may be used.
13        Any voter who spoils his or her ballot or makes an  error
14    shall  be  provided  a  means  of  correcting  the  ballot or
15    obtaining a new ballot prior to casting his or her ballot.

16        (10 ILCS 5/24C-6.1 new)
17        Sec. 24C-6.1. Security  designation.   In  all  elections
18    conducted  under  this Article, ballots shall have a security
19    designation.   In  precincts  where  more  than  one   ballot
20    configuration  may  be  voted  upon,  ballots  shall  have  a
21    different security designation for each ballot configuration.
22    If a precinct has only one possible ballot configuration, the
23    ballots  must  have  a  security  designation to identify the
24    precinct and the election.  Where ballots from more than  one
25    precinct  are being tabulated, the ballots from each precinct
26    must be clearly identified; official  results  shall  not  be
27    generated unless the precinct identification for any precinct
28    corresponds.   The  Direct Recording Electronic Voting System
29    shall be  designed  to  ensure  that  the  proper  ballot  is
30    selected  for  each  polling place and that the format can be
31    matched to the software or firmware required to interpret  it
32    correctly.   The  system shall provide a means of programming
33    each piece of equipment to reflect the ballot requirements of
 
                            -51-           LRB9103030MWgcam06
 1    the election and shall include a  means  for  validating  the
 2    correctness  of the program and of the program's installation
 3    in the equipment or in a programmable memory device.

 4        (10 ILCS 5/24C-7 new)
 5        Sec. 24C-7. Write-in ballots.  Pursuant to administrative
 6    rule of the State Board  of  Elections,  a  Direct  Recording
 7    Electronic  Voting  System shall provide an acceptable method
 8    for a voter to vote for a person whose name does  not  appear
 9    on  the  ballot  using  the  same Direct Recording Electronic
10    Voting System used to record votes for candidates whose  name
11    do appear on the ballot.

12        (10 ILCS 5/24C-8 new)
13        Sec.  24C-8.  Preparation for use; comparison of ballots;
14    operational checks  of  Direct  Recording  Electronic  Voting
15    Systems  equipment;  pollwatchers.   The  election  authority
16    shall  cause  the approved Direct Recording Electronic Voting
17    System equipment to  be  delivered  to  the  polling  places.
18    Before  the  opening  of  the  polls,  all  Direct  Recording
19    Electronic  Voting  System  devices  shall  provide a printed
20    record  of  the   following,   upon   verification   of   the
21    authenticity  of  the  commands  by  a judge of election: the
22    election's  identification   data,   the   equipment's   unit
23    identification,   the  ballot's  format  identification,  the
24    contents of each active candidate register by office  and  of
25    each  active  public  question  register  showing  that  they
26    contain  all  zeros,  all  ballot  fields that can be used to
27    invoke special voting options, and other  information  needed
28    to  ensure the readiness of the equipment, and to accommodate
29    administrative reporting requirements.
30        The  Direct  Recording  Electronic  Voting  System  shall
31    provide a means for the election judges to open  the  polling
32    place  and  ready  the  equipment for the casting of ballots.
 
                            -52-           LRB9103030MWgcam06
 1    Those means shall incorporate a security seal, a password, or
 2    a data code recognition capability to prevent inadvertent  or
 3    unauthorized actuation of the poll-opening function.  If more
 4    than  one  step is required, it shall enforce their execution
 5    in the proper sequence.
 6        Pollwatchers, as provided by law, shall be  permitted  to
 7    closely  observe  the  judges  in  these  procedures  and  to
 8    periodically  inspect  the Direct Recording Electronic Voting
 9    System equipment when not in use by the voters.

10        (10 ILCS 5/24C-9 new)
11        Sec. 24C-9. Testing of Direct Recording Electronic Voting
12    System equipment and  programs;  custody  of  programs,  test
13    materials,  and  ballots.   Prior  to  the  public  test, the
14    election authority shall conduct an errorless pre-test of the
15    Direct  Recording  Electronic  Voting  System  equipment  and
16    programs to determine that they will correctly detect  voting
17    defects  and  count  the  votes  cast for all offices and all
18    public questions.  On any day not less than 5 days  prior  to
19    the  election day, the election authority shall publicly test
20    the Direct Recording Electronic Voting System  equipment  and
21    programs  to  determine  that  they  will correctly count the
22    votes cast for all  offices  and  on  all  public  questions.
23    Public  notice  of  the  time  and place of the test shall be
24    given at least 48 hours before the  test  by  publishing  the
25    notice   in  one  or  more  newspapers  within  the  election
26    jurisdiction of the election authority,  if  a  newspaper  is
27    published  in  that  jurisdiction.   If  a  newspaper  is not
28    published in that jurisdiction, notice shall be published  in
29    a  newspaper  of  general  circulation  in that jurisdiction.
30    Timely written notice stating the date, time, and location of
31    the public test shall also be provided to the State Board  of
32    Elections.   The test shall be open to representatives of the
33    political parties, the press, representatives  of  the  State
 
                            -53-           LRB9103030MWgcam06
 1    Board  of  Elections,  and  the  public.  The  test  shall be
 2    conducted by entering a preaudited group of ballots marked to
 3    record  a  predetermined  number  of  valid  votes  for  each
 4    candidate and on each public question, and shall include  for
 5    each  office  one  or more ballots having votes exceeding the
 6    number allowed by law to test the ability of  the  electronic
 7    tabulating  equipment  to  reject  the votes.  The test shall
 8    also include producing an edit listing.
 9        The State Board of Elections may select as many  election
10    jurisdictions that the Board deems advisable in the interests
11    of the election process of this State to order a special test
12    of the electronic tabulating equipment and program before any
13    regular  election.  The Board may order a special test in any
14    election jurisdiction where, during the preceding 12  months,
15    computer programming errors or other errors in the use of the
16    system  resulted in vote tabulation errors.  Not less than 30
17    days before any election, the State Board of Elections  shall
18    provide written notice to those selected jurisdictions of its
19    intent  to  conduct  a test.  Within 5 days of receipt of the
20    State Board of Elections' written notice of intent to conduct
21    a test, the  selected  jurisdictions  shall  forward  to  the
22    principal  office  of  the State Board of Elections a copy of
23    all specimen ballots.  The State Board  of  Elections'  tests
24    shall  be conducted and completed not less than 2 days before
25    the public test using testing materials supplied by the Board
26    and under the supervision of the Board, and the  Board  shall
27    reimburse  the  election authority for the reasonable cost of
28    computer time required to conduct the special test.  After an
29    errorless test, materials used in the public test,  including
30    the  program,  if  appropriate,  shall  be  sealed and remain
31    sealed until the test is run again on election day.   If  any
32    error is detected, the cause of the error shall be determined
33    and  corrected,  and  an  errorless public test shall be made
34    before the automatic tabulating equipment is approved.   Each
 
                            -54-           LRB9103030MWgcam06
 1    election  authority  shall  file a sealed copy of each tested
 2    program to be used within its  jurisdiction  at  an  election
 3    with  the  State Board of Elections before the election.  The
 4    Board shall secure the program or programs of  each  election
 5    jurisdiction so filed in its office for the 60 days following
 6    the  canvass  and  proclamation  of election results.  At the
 7    expiration of that time, if no election contest or appeal  is
 8    pending  in  an election jurisdiction, the Board shall return
 9    the sealed program or programs to the election  authority  of
10    the jurisdiction. After the completion of the count, the test
11    shall  be  re-run  using the same program.  Immediately after
12    the re-run, all material used in testing the program and  the
13    programs  shall  be  sealed and retained under the custody of
14    the election authority for a  period  of  60  days.   At  the
15    expiration  of that time the election authority shall destroy
16    the voted ballots, together with all unused ballots  returned
17    from the precincts, provided, that if any contest of election
18    is  pending  at the time in which the ballots may be required
19    as evidence and the election  authority  has  notice  of  the
20    contest,  the  ballots shall not be destroyed until after the
21    contest  is  finally  determined.   If  the  use  of  back-up
22    equipment becomes necessary, the same  testing  required  for
23    the original equipment shall be conducted.

24        (10 ILCS 5/24C-10 new)
25        Sec.  24C-10.  Recording  of  votes  by  Direct Recording
26    Electronic  Voting  Systems.  Whenever  a  Direct   Recording
27    Electronic Voting System is used to electronically record and
28    count  the  votes  of ballots, the provisions of this Section
29    shall apply.  A voter shall cast a proper vote  on  a  ballot
30    pursuant  to  the  instructions  provided  on  the  screen or
31    labels.

32        (10 ILCS 5/24C-11 new)
 
                            -55-           LRB9103030MWgcam06
 1        Sec.  24C-11.  Functional  requirements.  The  functional
 2    requirements of a Direct Recording Electronic  Voting  System
 3    shall  be  specified by the administrative rules of the State
 4    Board of Elections.

 5        (10 ILCS 5/24C-12 new)
 6        Sec. 24C-12. Procedures  for  counting  and  tallying  of
 7    ballots. In an election jurisdiction where a Direct Recording
 8    Electronic  Voting  System  is  used,  the procedures in this
 9    Section for counting and tallying the ballots shall apply.
10        Before the opening of the polls, the judges of  elections
11    shall  assemble the voting equipment and devices and turn the
12    equipment on.  The judges shall, if necessary, take steps  to
13    actuate   the   voting  devices  and  counting  equipment  by
14    inserting into the equipment and voting  devices  appropriate
15    electronic  media  containing  passwords  and data codes that
16    will select the proper ballot formats for that polling  place
17    and  that  will prevent inadvertent or unauthorized actuation
18    of the  poll-opening  function.   Before  voting  begins  and
19    before  ballots  are  entered  into  the  voting devices, the
20    judges of election shall cause to be printed a record of  the
21    following:  (i)  the election's identification data, (ii) the
22    device's  unit  identification,  (iii)  the  ballot's  format
23    identification, (iv) the contents of  each  active  candidate
24    register  by  office  and  of  each  active  public  question
25    register  showing that they contain all zeros, (v) all ballot
26    fields that can be used to invoke special voting options, and
27    (vi) other information needed to ensure the readiness of  the
28    equipment   and   to   accommodate  administrative  reporting
29    requirements.  The judges must also check to be sure that the
30    totals are all zeros in  the  counting  columns  and  in  the
31    public counter affixed to the voting devices.
32        After  the  judges  have  determined  that  a  person  is
33    qualified to vote, the judges shall enable a voting device to
 
                            -56-           LRB9103030MWgcam06
 1    be used by the voter and the proper ballot to which the voter
 2    is  entitled  shall be selected.  The ballot may then be cast
 3    by the voter by marking by appropriate means  the  designated
 4    area  of  the  ballot  for  the  casting  of  a  vote for any
 5    candidate or for or against any public  question.  The  voter
 6    shall  be  able to vote for any and all candidates and public
 7    measures appearing on the ballot  in  any  legal  number  and
 8    combination  and  the voter shall be able to delete or change
 9    his or her selections before the ballot is cast.   The  voter
10    shall  be able to select candidates whose names do not appear
11    upon the ballot for any office by following the  instructions
12    provided  on the screen or labels as many names of candidates
13    as the voter is entitled to select for each office.
14        Upon completing his or her  selection  of  candidates  or
15    public  questions,  the  voter  shall signify that voting has
16    been completed by activating the appropriate button,  switch,
17    or  active  area  of the ballot screen associated with end of
18    voting.  Upon activation, the voting system shall  record  an
19    image  of  the  completed  ballot, shall increment the proper
20    ballot position registers, and shall  signify  to  the  voter
21    that  the  ballot  has  been  cast.  The voter shall exit the
22    voting station  and  the  voting  system  shall  prevent  any
23    further attempt to vote until it has been re-activated by the
24    judges  of  election.  If  the voter fails to cast his or her
25    ballot and leaves the polling place, 2  judges  of  election,
26    one  from  each of the 2 major political parties, shall spoil
27    the ballot.
28        Throughout the election day and before the closing of the
29    polls, no person may check any vote totals for any  candidate
30    or public question on the voting or counting equipment.
31        The  precinct  judges  of election shall check the public
32    register to determine whether the number of  ballots  counted
33    by  the  voting  equipment  agrees  with the number of voters
34    voting as shown by the applications for ballot.  If the  same
 
                            -57-           LRB9103030MWgcam06
 1    do  not  agree,  the  judges  of  election  shall immediately
 2    contact the offices of the election authority  in  charge  of
 3    the  election  for  further  instructions.   If the number of
 4    ballots counted by  the  voting  equipment  agrees  with  the
 5    number  of  voters  voting  as  shown  by the application for
 6    ballot, the number shall  be  listed  on  the  "Statement  of
 7    Ballots" form provided by the election authority.
 8        The  totals  for all candidates and propositions shall be
 9    tabulated and 4 copies of a "Certificate of Results" shall be
10    printed by the electronic tabulating equipment.  In addition,
11    one copy shall be posted in a conspicuous  place  inside  the
12    polling place and every effort shall be made by the judges of
13    election to provide a copy for each authorized pollwatcher or
14    other  official authorized to be present in the polling place
15    to observe the counting of ballots. Additional  copies  shall
16    be made available to pollwatchers, but in no case shall there
17    be  fewer than 4 chosen by lot by the judges of election.  In
18    addition, sufficient time shall be provided by the judges  of
19    election   to   the   pollwatchers  to  allow  them  to  copy
20    information from the copy that has been posted.
21        If instructed by the election authority,  the  judges  of
22    election  shall cause the tabulated returns to be transmitted
23    electronically to the offices of the election  authority  via
24    modem or other electronic medium.
25        The   precinct   judges   of   election  shall  select  a
26    bi-partisan team of 2 judges, who  shall  immediately  return
27    the  ballots  in  a  sealed  container,  along with all other
28    election  materials  and  equipment  as  instructed  by   the
29    election  authority;  provided,  however,  that the container
30    must first be sealed by the  election  judges  with  filament
31    tape  or  other  approved  sealing  devices  provided for the
32    purpose in a manner that the ballots cannot be  removed  from
33    the  container without breaking the seal or filament tape and
34    disturbing any signatures affixed by the election  judges  to
 
                            -58-           LRB9103030MWgcam06
 1    the  container.  The election authority shall keep the office
 2    of  the  election  authority,  or  any   receiving   stations
 3    designated by the authority, open for at least 12 consecutive
 4    hours after the polls close or until the ballots and election
 5    material   and  equipment,  as  instructed  by  the  election
 6    authority, from all precincts within the jurisdiction of  the
 7    election   authority  have  been  returned  to  the  election
 8    authority.  Ballots  and  election  materials  and  equipment
 9    returned to the office of the election authority that are not
10    signed and sealed as required by law shall not be accepted by
11    the election authority until the judges returning the ballots
12    make  and sign the necessary corrections.  Upon acceptance of
13    the ballots and  election  materials  and  equipment  by  the
14    election  authority,  the  judges returning the ballots shall
15    take a receipt signed by the election authority  and  stamped
16    with  the  time  and date of the return.  The election judges
17    whose duty it is to return any ballots and election materials
18    and equipment as provided shall, in the  event  the  ballots,
19    materials,  or  equipment  cannot  be  found  when needed, on
20    proper request, produce the receipt that they are to take  as
21    above provided.

22        (10 ILCS 5/24C-13 new)
23        Sec.   24C-13.  Counting   of   absentee   ballots.   All
24    jurisdictions  using  Direct  Recording   Electronic   Voting
25    Systems  shall  count  absentee  ballots at the office of the
26    election authority.  The provisions  of  Sections  24A-9  and
27    24B-9  shall apply to the testing and notice requirements for
28    central count tabulation equipment, including  comparing  the
29    signature  on  the  ballot envelope with the signature of the
30    voter on the permanent voter registration record  card  taken
31    from  the master file; except that votes shall be recorded by
32    precinct.
33        Any  election  authority   using   a   direct   recording
 
                            -59-           LRB9103030MWgcam06
 1    electronic  voting  system  shall use voting systems approved
 2    for use under  Articles  16,  24A,  or  24B  when  conducting
 3    absentee  voting.  The absentee ballots shall be examined and
 4    processed pursuant to Sections 19-9 and  20-9.   The  results
 5    shall  be  recorded  by precinct and shall become part of the
 6    certificate of results.

 7        (10 ILCS 5/24C-14 new)
 8        Sec. 24C-14. Tabulating  votes;  direction;  presence  of
 9    public;  computer  operator's log and canvass.  The procedure
10    for tabulating the votes by the Direct  Recording  Electronic
11    Voting  System  shall  be under the direction of the election
12    authority and shall conform to the requirements of the Direct
13    Recording   Electronic   Voting   System.       During    any
14    election-related   activity   using   the   Direct  Recording
15    Electronic Voting System equipment,  the  election  authority
16    shall dedicate the equipment to vote processing to ensure the
17    security and integrity of the system.
18        A  reasonable number of pollwatchers shall be admitted to
19    the counting location.  Persons may  observe  the  tabulating
20    process at the discretion of the election authority; however,
21    at  least  one  representative  of each established political
22    party and authorized agents of the State Board  of  Elections
23    shall  be permitted to observe this process at all times.  No
24    persons except those employed and authorized for the  purpose
25    shall touch any ballot, ballot box, return, or equipment.
26        The computer operator shall be designated by the election
27    authority  and  shall  be  sworn  as a deputy of the election
28    authority. In conducting the vote tabulation and canvass, the
29    computer operator must maintain a log which shall include the
30    following information:
31             (1)  alterations made to  programs  associated  with
32        the vote counting process;
33             (2)  if applicable, console messages relating to the
 
                            -60-           LRB9103030MWgcam06
 1        program   and   the  respective  responses  made  by  the
 2        operator;
 3             (3)  the starting time for  each  precinct  counted,
 4        the  number  of  ballots  counted  for each precinct, any
 5        equipment  problems  and,  insofar  as  practicable,  the
 6        number  of  invalid  security  designations   encountered
 7        during that count; and
 8             (4)  changes  and  repairs  made  to  the  equipment
 9        during the vote tabulation and canvass.
10        The   computer   operator's  log  and  canvass  shall  be
11    available for public inspection in the office of the election
12    authority for a period of 60 days following the  proclamation
13    of  election  results.  A copy of the computer operator's log
14    and the canvass shall be transmitted to the  State  Board  of
15    Elections upon its request and at its expense.

16        (10 ILCS 5/24C-15 new)
17        Sec.  24C-15.  Official  return  of  precinct;  check  of
18    totals;  audit.  The  precinct  return  printed by the Direct
19    Recording Electronic Voting System tabulating equipment shall
20    include the number of ballots  cast,  ballots  cast  by  each
21    political  party  for  a primary election, and votes cast for
22    each candidate and public question and shall  constitute  the
23    official  return  of  each  precinct.    In  addition  to the
24    precinct return, the election  authority  shall  provide  the
25    number  of  applications  for  ballots  in each precinct, the
26    total number of ballots counted in  each  precinct  for  each
27    political   subdivision  and  district,  and  the  number  of
28    registered voters in each precinct.  The  election  authority
29    shall  check  the totals shown by the precinct return and, if
30    there is an obvious discrepancy regarding the total number of
31    votes cast in any precinct, shall have the ballots  for  that
32    precinct  audited  to correct the return.  The procedures for
33    this audit shall apply prior to and after the proclamation is
 
                            -61-           LRB9103030MWgcam06
 1    completed; however, after the proclamation  of  results,  the
 2    election  authority must obtain a court order to unseal voted
 3    ballots except for election contests and discovery  recounts.
 4    The certificate of results, that has been prepared and signed
 5    by  the  judges  of  election in the polling place and at the
 6    election authority's  office  after  the  ballots  have  been
 7    tabulated,  shall  be  the  document  used for the canvass of
 8    votes for the precinct.  Whenever a discrepancy exists during
 9    the canvass of votes between the unofficial results  and  the
10    certificate  of  results,  or  whenever  a discrepancy exists
11    during the  canvass  of  votes  between  the  certificate  of
12    results and the set of totals reflected on the certificate of
13    results,  the  ballots  for that precinct shall be audited to
14    correct the return.
15        Prior to the proclamation, the election  authority  shall
16    test  the voting devices and equipment in 5% of the precincts
17    within the election jurisdiction.  The precincts to be tested
18    shall be selected after election day on a random basis by the
19    State Board of Elections,  so  that  every  precinct  in  the
20    election  jurisdiction  has  an  equal mathematical chance of
21    being selected.
22        The test shall be  conducted  by  entering  a  preaudited
23    group  of  ballots marked to record a predetermined number of
24    valid votes for each candidate and on each  public  question,
25    and  shall  include  for each office one or more ballots that
26    have votes in excess of the number allowed by law to test the
27    ability of the equipment to reject those votes.  If any error
28    is detected, the cause shall be determined and corrected, and
29    an errorless count  shall  be  made  prior  to  the  official
30    canvass and proclamation of election results.
31        The  State  Board  of Elections, the State's Attorney and
32    other appropriate law enforcement agencies, the  chairman  of
33    the  county  central  committee of each established political
34    party, and qualified civic organizations shall be given prior
 
                            -62-           LRB9103030MWgcam06
 1    written notice of the time and place of the test and  may  be
 2    represented at the test.
 3        The results of this re-tabulation shall be treated in the
 4    same  manner  and  have the same effect as the results of the
 5    discovery procedures set forth  in  Section  22-9.1  of  this
 6    Code.    Upon  completion of the test, the election authority
 7    shall print a report showing the results of the test and  any
 8    errors encountered and the report shall be made available for
 9    public inspection.

10        (10 ILCS 5/24C-15.01 new)
11        Sec.  24C-15.01. Transporting ballots to central counting
12    station;  container.   Upon  completion  of  the  tabulation,
13    audit, or test of voting equipment, if the election authority
14    so instructs, pursuant to Sections 24C-11 through 24C-15, the
15    voting equipment and ballots  from  each  precinct  shall  be
16    replaced  in  the container in which they were transported to
17    the central counting station.  If the container is not a type
18    that may be securely  locked,  then  each  container,  before
19    being transferred from the counting station to storage, shall
20    be  sealed  with  filament  tape wrapped around the container
21    lengthwise and crosswise, at least twice each way, and  in  a
22    manner  that the equipment and ballots cannot be removed from
23    the container without breaking the tape.

24        (10 ILCS 5/24C-15.1 new)
25        Sec. 24B-15.1. Discovery recounts and election contests.
26    Discovery recounts and election contests shall  be  conducted
27    as otherwise provided for in this Code.  The Direct Recording
28    Electronic  Voting  System equipment shall be tested prior to
29    the discovery recount or  election  contest  as  provided  in
30    Section 24C-9 and then the official ballots shall be audited.
31        The  log  of  the  computer  operator  and  all materials
32    retained by  the  election  authority  in  relation  to  vote
 
                            -63-           LRB9103030MWgcam06
 1    tabulation  and  canvass  shall  be  made  available  for any
 2    discovery recount or election contest.

 3        (10 ILCS 5/24C-16 new)
 4        Sec. 24C-16.  Approval  of  Direct  Recording  Electronic
 5    Voting  Systems;  requisites.   The  State Board of Elections
 6    shall approve all Direct Recording Electronic Voting  Systems
 7    provided by this Article.
 8        No  Direct  Recording  Electronic  Voting System shall be
 9    approved unless it fulfills the following requirements:
10             (1)  It enables a voter to vote in absolute secrecy,
11        except in the case of voters who  receive  assistance  as
12        provided in this Code.
13             (2)  It  enables  each  voter to vote at an election
14        for all persons and offices for whom and  for  which  the
15        voter  is  lawfully entitled to vote, to vote for as many
16        persons for an office as the voter is  entitled  to  vote
17        for,  and to vote for or against any public question upon
18        which the voter is entitled to vote, but no other.
19             (3)  It will detect and  reject  all  votes  for  an
20        office  or upon a public question when the voter has cast
21        more votes for the office or  upon  the  public  question
22        than  he  or  she is entitled to cast; provided, however,
23        that it will inform a voter that the voter's  choices  as
24        recorded  on  the ballot for an office or public question
25        exceeds the number that the voter is entitled to vote for
26        on that office or public  question  and  will  offer  the
27        voter   an   opportunity  to  correct  the  error  before
28        rejecting the choices recorded on the voter's ballot.
29             (4)  It will enable each voter in primary  elections
30        to  vote  only  for the candidates of the political party
31        with  which  he  or  she  had  declared  affiliation  and
32        preclude the voter from voting for any candidate  of  any
33        other political party.
 
                            -64-           LRB9103030MWgcam06
 1             (5)  It  enables  a  voter  to  vote  a split ticket
 2        selected in part from the nominees of one party, in  part
 3        from  the  nominees  of  any or all parties, in part from
 4        independent candidates, and in part of  candidates  whose
 5        names are written in by the voter.
 6             (6)  It enables a voter, at a Presidential election,
 7        by  a  single  selection  to vote for the candidates of a
 8        political party for Presidential electors.
 9             (7)  It will prevent  anyone  voting  for  the  same
10        person more than once for the same office.
11             (8)  It  will  record and count accurately each vote
12        properly cast for or against any  candidate  and  for  or
13        against  any  public question, including the names of all
14        candidates whose names are written in by the voters.
15             (9)  It  will  be  capable  of  merging   the   vote
16        tabulation  results  produced  by  other  vote tabulation
17        systems, if necessary.
18             (10)  It  will  provide  a  means  for  sealing  and
19        resealing the vote recording  devices  to  prevent  their
20        unauthorized  use  and  to  prevent tampering with ballot
21        labels.
22             (11)  It will be suitably designed for  the  purpose
23        used, be durably constructed, and be designed for safety,
24        accuracy, and efficiency.
25             (12)  It  will  be designed to accommodate the needs
26        of elderly, handicapped, and disabled voters.
27             (13)  It will enable a voter to vote  for  a  person
28        whose name does not appear on the ballot.
29             (14)  It  will  be  designed  to  ensure  that  vote
30        recording devices or electronic tabulating equipment that
31        count  votes  at  the  precinct  will  not  be capable of
32        reporting vote totals before the close of the polls.
33             (15)  It will provide an audit trail.
34        The State Board of Elections is  authorized  to  withdraw
 
                            -65-           LRB9103030MWgcam06
 1    its  approval  of a Direct Recording Electronic Voting System
 2    if the system fails to fulfill the above requirements.
 3        No vendor, person, or other entity may  sell,  lease,  or
 4    loan  a  Direct  Recording Electronic Voting System or system
 5    component to any election jurisdiction unless the  system  or
 6    system  component  is  first  approved  by the State Board of
 7    Elections pursuant  to  this  Section.  The  State  Board  of
 8    Elections  shall  not  accept  for testing or approval of any
 9    system or system component that has not first been  evaluated
10    by  an  independent  testing  laboratory  or laboratories for
11    performance and reliability using the standards that may from
12    time to time be promulgated  by  the  United  States  Federal
13    Election  Commission.   When  the  functional requirements of
14    this Section are in conflict with the  standards  promulgated
15    by  the  Federal  Election  Commission,  the standards of the
16    Federal Election Commission shall govern.

17        (10 ILCS 5/24C-17 new)
18        Sec. 24C-17. Rules; number of voting booths.   The  State
19    Board   of  Elections  may  make  reasonable  rules  for  the
20    administration of this Article and may prescribe  the  number
21    of  voting  booths  required  for the various types of voting
22    systems.

23        (10 ILCS 5/24C-18 new)
24        Sec.  24C-18.  Specimen  ballots;  publication.   When  a
25    Direct  Recording  Electronic  Voting  System  is  used,  the
26    election authority shall cause to be published,  at  least  5
27    days  before  the  day  of  each  general and general primary
28    election, in 2 or more newspapers published in and  having  a
29    general circulation in the county, a true and legible copy of
30    the   specimen   ballot  containing  the  names  of  offices,
31    candidates, and public questions to be voted on, as  near  as
32    may be, in the form in which they will appear on the official
 
                            -66-           LRB9103030MWgcam06
 1    ballot  on  election  day.  A true legible copy may be in the
 2    form of an actual size  ballot  and  shall  be  published  as
 3    required  by  this  Section  if  distributed  in  2  or  more
 4    newspapers  published and having a general circulation in the
 5    county as an insert.  For each election prescribed in Article
 6    2A of this Code, specimen ballots shall be made available for
 7    public distribution and shall be supplied to  the  judges  of
 8    election  for  posting  in  the  polling  place on the day of
 9    election.   Notice   for   the   consolidated   primary   and
10    consolidated  elections shall be given as provided in Article
11    12.

12        (10 ILCS 5/24C-19 new)
13        Sec. 24C-19. Additional method of  voting.  This  Article
14    shall  be deemed to provide a method of voting in addition to
15    the methods otherwise provided in this Code.

16        (10 ILCS 5/24C-20 new)
17        Sec. 24C-20.  Application.  This amendatory  Act  of  the
18    91st General Assembly applies (i) only to elections conducted
19    on  or  after  January  1,  2001  and  (ii)  only to election
20    jurisdictions in counties with  a  population  of  less  than
21    3,000,000  and  excluding  election commissions created under
22    Article 6 of this Code.".

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