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91_HB2877
LRB9107006MWpc
1 AN ACT to amend the Election Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55,
6 7-66, 15-6, 16-11, 17-43, 18-40, 19-15, 20-15, 24A-2 and
7 24A-10.1 as follows:
8 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
9 Sec. 7-19. The primary ballot of each political party for
10 each precinct shall be arranged and printed substantially in
11 the manner following:
12 1. Designating words. At the top of the ballot shall be
13 printed in large capital letters, words designating the
14 ballot, if a Republican ballot, the designating words shall
15 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the
16 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and
17 in like manner for each political party.
18 2. Order of Names, Directions to Voters, etc. Beginning
19 not less than one inch below designating words, the name of
20 each office to be filled shall be printed in capital letters.
21 Such names may be printed on the ballot either in a single
22 column or in 2 or more columns and in the following order,
23 to-wit:
24 President of the United States, State offices,
25 congressional offices, delegates and alternate delegates to
26 be elected from the State at large to National nominating
27 conventions, delegates and alternate delegates to be elected
28 from congressional districts to National nominating
29 conventions, member or members of the State central
30 committee, trustees of sanitary districts, county offices,
31 judicial officers, city, village and incorporated town
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1 offices, town offices, or of such of the said offices as
2 candidates are to be nominated for at such primary, and
3 precinct, township or ward committeemen. If two or more
4 columns are used, the foregoing offices to and including
5 member of the State central committee shall be listed in the
6 left-hand column and Senatorial offices, as defined in
7 Section 8-3, shall be the first offices listed in the second
8 column.
9 Below the name of each office shall be printed in small
10 letters the directions to voters: "Vote for one"; "Vote for
11 two"; "Vote for three"; or a spelled number designating how
12 many persons under that head are to be voted for.
13 Next to the name of each candidate for delegate or
14 alternate delegate to a national nominating convention shall
15 appear either (a) the name of the candidate's preference for
16 President of the United States or the word "uncommitted" or
17 (b) no official designation, depending upon the action taken
18 by the State central committee pursuant to Section 7-10.3 of
19 this Act.
20 Below the name of each office shall be printed in capital
21 letters the names of all candidates, arranged in the order in
22 which their petitions for nominations were filed, except as
23 otherwise provided in Sections 7-14 and 7-17 of this Article.
24 Opposite and in front of the name of each candidate shall be
25 printed a square and all squares upon the primary ballot
26 shall be of uniform size. Spaces between the names of
27 candidates under each office shall be uniform and sufficient
28 spaces shall separate the names of candidates for one office
29 from the names of candidates for another office, to avoid
30 confusion and to permit the writing in of the names of other
31 candidates.
32 Where voting machines, or electronic voting systems, or
33 Precinct Tabulation Optical Scan Technology voting systems
34 are used, the provisions of this Section may be modified as
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1 required or authorized by Article 24, or Article 24A, or
2 Article 24B, whichever is applicable.
3 (Source: P.A. 83-33.)
4 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
5 Sec. 7-46. On receiving from the primary judges a primary
6 ballot of his party, the primary elector shall forthwith and
7 without leaving the polling place, retire alone to one of the
8 voting booths and prepare such primary ballot by marking a
9 cross (X) in the square in front of and opposite the name of
10 each candidate of his choice for each office to be filled,
11 and for delegates and alternate delegates to national
12 nominating conventions, and for committeemen, if committeemen
13 are being elected at such primary.
14 Any primary elector may, instead of voting for any
15 candidate for nomination or for committeeman or for delegate
16 or alternate delegate to national nominating conventions,
17 whose name is printed on the primary ballot, write in the
18 name of any other person affiliated with such party as a
19 candidate for the nomination for any office, or for
20 committeeman, or for delegates or alternate delegates to
21 national nominating conventions, and indicate his choice of
22 such candidate or committeeman or delegate or alternate
23 delegate, by placing to the left of and opposite the name
24 thus written a square and placing in the square a cross (X).
25 Where voting machines, or electronic voting systems, or
26 Precinct Tabulation Optical Scan Technology voting systems
27 are used, the provisions of this Section may be modified as
28 required or authorized by Article 24, or Article 24A, or
29 Article 24B, whichever is applicable.
30 (Source: Laws 1965, p. 2220.)
31 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
32 Sec. 7-47. Before leaving the booth, the primary elector
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1 shall fold his primary ballot in such manner as to conceal
2 the marks thereon. Such voter shall then vote forthwith by
3 handing the primary judge the primary ballot received by such
4 voter. Thereupon the primary judge shall deposit such primary
5 ballot in the ballot box. One of the judges shall thereupon
6 enter in the primary poll book the name of the primary
7 elector, his residence and his party affiliation or shall
8 make the entries on the official poll record as required by
9 articles 4, 5 and 6, if any one of them is applicable.
10 Where voting machines, or electronic voting systems, or
11 Precinct Tabulation Optical Scan Technology voting systems
12 are used, the provisions of this Section may be modified as
13 required or authorized by Article 24, or Article 24A, or
14 Article 24B, whichever is applicable.
15 (Source: Laws 1965, p. 2220.)
16 (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
17 Sec. 7-49. After the opening of the polls at a primary no
18 adjournment shall be had nor recess taken until the canvass
19 of all the votes is completed and the returns carefully
20 enveloped and sealed.
21 Where voting machines, or electronic voting systems, or
22 Precinct Tabulation Optical Scan Technology voting systems
23 are used, the provisions of this Section may be modified as
24 required or authorized by Article 24, or Article 24A, or
25 Article 24B, whichever is applicable.
26 (Source: Laws 1965, p. 2220.)
27 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
28 Sec. 7-52. Immediately upon closing the polls, the
29 primary judges shall proceed to canvass the votes in the
30 manner following:
31 (1) They shall separate and count the ballots of each
32 political party.
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1 (2) They shall then proceed to ascertain the number of
2 names entered on the applications for ballot under each party
3 affiliation.
4 (3) If the primary ballots of any political party exceed
5 the number of applications for ballot by voters of such
6 political party, the primary ballots of such political party
7 shall be folded and replaced in the ballot box, the box
8 closed, well shaken and again opened and one of the primary
9 judges, who shall be blindfolded, shall draw out so many of
10 the primary ballots of such political party as shall be equal
11 to such excess. Such excess ballots shall be marked
12 "Excess-Not Counted" and signed by a majority of the judges
13 and shall be placed in the "After 6:00 p.m. Defective Ballots
14 Envelope". The number of excess ballots shall be noted in the
15 remarks section of the Certificate of Results. "Excess"
16 ballots shall not be counted in the total of "defective"
17 ballots;
18 (4) The primary judges shall then proceed to count the
19 primary ballots of each political party separately; and as
20 the primary judges shall open and read the primary ballots, 3
21 of the judges shall carefully and correctly mark upon
22 separate tally sheets the votes which each candidate of the
23 party whose name is written or printed on the primary ballot
24 has received, in a separate column for that purpose, with the
25 name of such candidate, the name of his political party and
26 the name of the office for which he is a candidate for
27 nomination at the head of such column.
28 Where voting machines, or electronic voting systems, or
29 Precinct Tabulation Optical Technology voting systems are
30 used, the provisions of this Section may be modified as
31 required or authorized by Article 24, or Article 24A, or
32 Article 24B, whichever is applicable.
33 (Source: P.A. 80-484.)
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1 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
2 Sec. 7-53. As soon as the ballots of a political party
3 shall have been read and the votes of the political party
4 counted, as provided in the last above section, the 3 judges
5 in charge of the tally sheets shall foot up the tally sheets
6 so as to show the total number of votes cast for each
7 candidate of the political party and for each candidate for
8 State Central committeeman and precinct committeeman,
9 township committeeman or ward committeeman, and delegate and
10 alternate delegate to National nominating conventions, and
11 certify the same to be correct. Thereupon, the primary judges
12 shall set down in a certificate of results on the tally
13 sheet, under the name of the political party, the name of
14 each candidate voted for upon the primary ballot, written at
15 full length, the name of the office for which he is a
16 candidate for nomination or for committeeman, or delegate or
17 alternate delegate to National nominating conventions, the
18 total number of votes which the candidate received, and they
19 shall also set down the total number of ballots voted by the
20 primary electors of the political party in the precinct. The
21 certificate of results shall be made substantially in the
22 following form:
23 ................ Party
24 At the primary election held in the .... precinct of the
25 (1) *township of ...., or (2) *City of ...., or (3) *....
26 ward in the city of .... on (insert date), the .... day of
27 ...., 19.., the primary electors of the .... party voted ....
28 ballots, and the respective candidates whose names were
29 written or printed on the primary ballot of the .... party,
30 received respectively the following votes:
31 Name of No. of
32 Candidate, Title of Office, Votes
33 John Jones Governor 100
34 Sam Smith Governor 70
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1 Frank Martin Attorney General 150
2 William Preston Rep. in Congress 200
3 Frederick John Circuit Judge 50
4 *Fill in either (1), (2) or (3).
5 And so on for each candidate.
6 We hereby certify the above and foregoing to be true and
7 correct.
8 Dated (insert date). this .... day of ...., 19....
9 ...................................
10 Name Address
11 ...................................
12 Name Address
13 ...................................
14 Name Address
15 ...................................
16 Name Address
17 ...................................
18 Name Address
19 Judges of Primary
20 Where voting machines, or electronic voting systems, or
21 Precinct Tabulation Optical Scan Technology voting systems
22 are used, the provisions of this Section may be modified as
23 required or authorized by Article 24, and Article 24A, or
24 Article 24B, whichever is applicable.
25 (Source: P.A. 84-551; revised 10-20-98.)
26 (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
27 Sec. 7-54. After the votes of a political party have been
28 counted and set down and the tally sheets footed and the
29 entry made in the primary poll books or return, as above
30 provided, all the primary ballots of said political party,
31 except those marked "defective" or "objected to" shall be
32 securely bound, lengthwise and in width, with a soft cord
33 having a minimum tensile strength of 60 pounds separately for
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1 each political party in the order in which said primary
2 ballots have been read, and shall thereupon be carefully
3 sealed in an envelope, which envelope shall be endorsed as
4 follows:
5 "Primary ballots of the.... party of the.... precinct of
6 the county of.... and State of Illinois."
7 Below each endorsement, each primary judge shall write
8 his name.
9 Immediately thereafter the judges shall designate one of
10 their number to go to the nearest telephone and report to the
11 office of the county clerk or board of election commissioners
12 (as the case may be) the results of such primary. Such clerk
13 or board shall keep his or its office open after the close of
14 the polls until he or it has received from each precinct
15 under his or its jurisdiction the report above provided for.
16 Immediately upon receiving such report such clerk or board
17 shall cause the same to be posted in a public place in his or
18 its office for inspection by the public. Immediately after
19 making such report such judge shall return to the polling
20 place.
21 Where voting machines, or electronic voting systems, or
22 Precinct Tabulation Optical Scan Technology voting systems
23 are used, the provisions of this Section may be modified as
24 required or authorized by Article 24, or Article 24A, or
25 Article 24B, whichever is applicable.
26 (Source: P.A. 81-1433.)
27 (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
28 Sec. 7-55. The primary poll books or the official poll
29 record, and the tally sheets with the certificates of the
30 primary judges written thereon, together with the envelopes
31 containing the ballots, including the envelope containing the
32 ballots marked "defective" or "objected to", shall be
33 carefully enveloped and sealed up together, properly
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1 endorsed, and the primary judges shall elect 2 judges (one
2 from each of the major political parties), who shall
3 immediately deliver the same to the clerk from whom the
4 primary ballots were obtained, which clerk shall safely keep
5 the same for 2 months, and thereafter shall safely keep the
6 poll books until the next primary. Each election authority
7 shall keep the office of the election authority, or any
8 receiving stations designated by such authority, open for at
9 least 12 consecutive hours after the polls close, or until
10 the judges of each precinct under the jurisdiction of the
11 election authority have delivered to the election authority
12 all the above materials sealed up together and properly
13 endorsed as provided herein. Materials delivered to the
14 election authority which are not in the condition required by
15 this Section shall not be accepted by the election authority
16 until the judges delivering the same make and sign the
17 necessary corrections. Upon acceptance of the materials by
18 the election authority, the judges delivering the same shall
19 take a receipt signed by the election authority and stamped
20 with the time and date of such delivery. The election judges
21 whose duty it is to deliver any materials as above provided
22 shall, in the event such materials cannot be found when
23 needed, on proper request, produce the receipt which they are
24 to take as above provided.
25 The county clerk or board of election commissioners shall
26 deliver a copy of each tally sheet to the county chairmen of
27 the two largest political parties.
28 Where voting machines, or electronic voting systems, or
29 Precinct Tabulation Optical Scan Technology voting systems
30 are used, the provisions of this Section may be modified as
31 required or authorized by Article 24, and Article 24A, or
32 Article 24B, whichever is applicable.
33 (Source: P.A. 83-764.)
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1 (10 ILCS 5/7-66)
2 Sec. 7-66. Electronic voting systems; precinct
3 tabulation optical scan technology voting equipment.
4 If the election authority has adopted the use of
5 electronic voting systems pursuant to Article 24A of this
6 Code or Precinct Tabulation Optical Scan Technology voting
7 equipment pursuant to Article 24B of this Code, and the
8 provisions of those Articles the Article are in conflict with
9 the provisions of this Article 7, the provisions of Article
10 24A or Article 24B, as the case may be, shall govern the
11 procedures followed by the election authority, its judges of
12 elections, and all employees and agents. In following the
13 provisions of Article 24A or Article 24B, the election
14 authority is authorized to develop and implement procedures
15 to fully utilize electronic voting systems or Precinct
16 Tabulation Optical Scan Technology voting equipment
17 authorized by the State Board of Elections as long as the
18 procedure is not in conflict with either Article 24A, Article
19 24B, or the administrative rules of the State Board of
20 Elections.
21 (Source: P.A. 89-394, eff. 1-1-97.)
22 (10 ILCS 5/15-6)
23 Sec. 15-6. Electronic voting systems; precinct
24 tabulation optical scan technology voting equipment.
25 If the election authority has adopted the use of
26 electronic voting systems pursuant to Article 24A of this
27 Code or Precinct Tabulation Optical Scan Technology voting
28 equipment pursuant to Article 24B of this Code, and the
29 provisions of those Articles the Article are in conflict with
30 the provisions of this Article 15, the provisions of Article
31 24A or Article 24B, as the case may be, shall govern the
32 procedures followed by the election authority, its judges of
33 elections, and all employees and agents. In following the
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1 provisions of Article 24A or Article 24B, the election
2 authority is authorized to develop and implement procedures
3 to fully utilize electronic voting systems or Precinct
4 Tabulation Optical Scan Technology voting equipment
5 authorized by the State Board of Elections as long as the
6 procedure is not in conflict with either Article 24A, Article
7 24B, or the administrative rules of the State Board of
8 Elections.
9 (Source: P.A. 89-394, eff. 1-1-97.)
10 (10 ILCS 5/16-11)
11 Sec. 16-11. Electronic voting systems; precinct
12 tabulation optical scan technology voting equipment.
13 If the election authority has adopted the use of
14 electronic voting systems pursuant to Article 24A of this
15 Code or Precinct Tabulation Optical Scan Technology voting
16 equipment pursuant to Article 24B of this Code, and the
17 provisions of those Articles the Article are in conflict with
18 the provisions of this Article 16, the provisions of Article
19 24A or Article 24B, as the case may be, shall govern the
20 procedures followed by the election authority, its judges of
21 elections, and all employees and agents. In following the
22 provisions of Article 24A or Article 24B, the election
23 authority is authorized to develop and implement procedures
24 to fully utilize electronic voting systems or Precinct
25 Tabulation Optical Scan Technology voting equipment
26 authorized by the State Board of Elections as long as the
27 procedure is not in conflict with either Article 24A, Article
28 24B, or the administrative rules of the State Board of
29 Elections.
30 (Source: P.A. 89-394, eff. 1-1-97.)
31 (10 ILCS 5/17-43)
32 Sec. 17-43. Electronic voting systems; precinct
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1 tabulation optical scan technology voting equipment.
2 If the election authority has adopted the use of
3 electronic voting systems pursuant to Article 24A of this
4 Code or Precinct Tabulation Optical Scan Technology voting
5 equipment pursuant to Article 24B of this Code, and the
6 provisions of those Articles the Article are in conflict with
7 the provisions of this Article 17, the provisions of Article
8 24A or Article 24B, as the case may be, shall govern the
9 procedures followed by the election authority, its judges of
10 elections, and all employees and agents. In following the
11 provisions of Article 24A or Article 24B, the election
12 authority is authorized to develop and implement procedures
13 to fully utilize electronic voting systems or Precinct
14 Tabulation Optical Scan Technology voting equipment
15 authorized by the State Board of Elections as long as the
16 procedure is not in conflict with either Article 24A, Article
17 24B, or the administrative rules of the State Board of
18 Elections.
19 (Source: P.A. 89-394, eff. 1-1-97.)
20 (10 ILCS 5/18-40)
21 Sec. 18-40. Electronic voting systems; precinct
22 tabulation optical scan technology voting equipment.
23 If the election authority has adopted the use of
24 electronic voting systems pursuant to Article 24A of this
25 Code or Precinct Tabulation Optical Scan Technology voting
26 equipment pursuant to Article 24B of this Code, and the
27 provisions of those Articles the Article are in conflict with
28 the provisions of this Article 18, the provisions of Article
29 24A or Article 24B, as the case may be, shall govern the
30 procedures followed by the election authority, its judges of
31 elections, and all employees and agents. In following the
32 provisions of Article 24A or Article 24B, the election
33 authority is authorized to develop and implement procedures
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1 to fully utilize electronic voting systems or Precinct
2 Tabulation Optical Scan Technology voting equipment
3 authorized by the State Board of Elections as long as the
4 procedure is not in conflict with either Article 24A, Article
5 24B, or the administrative rules of the State Board of
6 Elections.
7 (Source: P.A. 89-394, eff. 1-1-97.)
8 (10 ILCS 5/19-15)
9 Sec. 19-15. Electronic voting systems; precinct
10 tabulation optical scan technology voting equipment.
11 If the election authority has adopted the use of
12 electronic voting systems pursuant to Article 24A of this
13 Code or Precinct Tabulation Optical Scan Technology voting
14 equipment pursuant to Article 24B of this Code, and the
15 provisions of those Articles the Article are in conflict with
16 the provisions of this Article 19, the provisions of Article
17 24A or Article 24B, as the case may be, shall govern the
18 procedures followed by the election authority, its judges of
19 elections, and all employees and agents. In following the
20 provisions of Article 24A or Article 24B, the election
21 authority is authorized to develop and implement procedures
22 to fully utilize electronic voting systems or Precinct
23 Tabulation Optical Scan Technology voting equipment
24 authorized by the State Board of Elections as long as the
25 procedure is not in conflict with either Article 24A, Article
26 24B, or the administrative rules of the State Board of
27 Elections.
28 (Source: P.A. 89-394, eff. 1-1-97.)
29 (10 ILCS 5/20-15)
30 Sec. 20-15. Electronic voting systems; precinct
31 tabulation optical scan technology voting equipment.
32 If the election authority has adopted the use of
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1 electronic voting systems pursuant to Article 24A of this
2 Code or Precinct Tabulation Optical Scan Technology voting
3 equipment pursuant to Article 24B of this Code, and the
4 provisions of those Articles the Article are in conflict with
5 the provisions of this Article 20, the provisions of Article
6 24A or Article 24B, as the case may be, shall govern the
7 procedures followed by the election authority, its judges of
8 elections, and all employees and agents. In following the
9 provisions of Article 24A or Article 24B, the election
10 authority is authorized to develop and implement procedures
11 to fully utilize electronic voting systems or Precinct
12 Tabulation Optical Scan Technology voting equipment
13 authorized by the State Board of Elections as long as the
14 procedure is not in conflict with either Article 24A, Article
15 24B, or the administrative rules of the State Board of
16 Elections.
17 (Source: P.A. 89-394, eff. 1-1-97.)
18 (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
19 Sec. 24A-2. As used in this Article: "Computer",
20 "Automatic tabulating equipment" or "equipment" includes
21 apparatus necessary to automatically examine and count votes
22 as designated on ballots, and data processing machines which
23 can be used for counting ballots and tabulating results.
24 "Ballot card" means a ballot which is voted by the
25 process of punching.
26 "Ballot configuration" means the particular combination
27 of political subdivision ballots including, for each
28 political subdivision, the particular combination of offices,
29 candidate names and ballot position numbers for each
30 candidate and question as it appears for each group of voters
31 who may cast the same ballot.
32 "Ballot labels" means the cards, papers, booklet, pages
33 or other material containing the names of officers and
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1 candidates and statements of measures to be voted on.
2 "Ballot sheet" means a paper ballot printed on one or
3 both sides which is (1) designed and prepared so that the
4 voter may indicate his or her votes in designated areas,
5 which must be enclosed areas clearly printed or otherwise
6 delineated for such purpose, and (2) capable of having votes
7 marked in the designated areas automatically examined,
8 counted, and tabulated by an electronic scanning process.
9 "Ballot" may include ballot cards, ballot labels and
10 paper ballots.
11 "Separate ballot", with respect to ballot sheets, means a
12 separate portion of the ballot sheet in which the color of
13 the ink used in printing that portion of the ballot sheet is
14 distinct from the color of the ink used in printing any other
15 portion of the ballot sheet.
16 "Column" in an electronic voting system which utilizes a
17 ballot card means a space on a ballot card for punching the
18 voter's vote arranged in a row running lengthwise on the
19 ballot card.
20 "Central Counting" means the counting of ballots in one
21 or more locations selected by the election authority for the
22 processing or counting, or both, of ballots. A location for
23 central counting shall be within the territorial jurisdiction
24 of such election authority unless there is no suitable
25 tabulating equipment available within his territorial
26 jurisdiction. However, in any event a counting location shall
27 be within this State.
28 "In-precinct counting" means the counting of ballots on
29 automatic tabulating equipment provided by the election
30 authority in the same precinct polling place in which those
31 ballots have been cast.
32 "Computer operator" means any person or persons
33 designated by the election authority to operate the automatic
34 tabulating equipment during any portion of the vote tallying
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1 process in an election, but shall not include judges of
2 election operating vote tabulating equipment in the precinct.
3 "Computer program" or "program" means the set of
4 operating instructions for the automatic tabulating equipment
5 by which it examines, counts, tabulates, canvasses and prints
6 votes recorded by a voter on a ballot card or other medium.
7 "Edit listing" means a computer generated listing of the
8 names and ballot position numbers for each candidate and
9 proposition as they appear in the program for each precinct.
10 "Voting System" or "Electronic Voting System" means that
11 combination of equipment and programs used in the casting,
12 examination and tabulation of ballots and the cumulation and
13 reporting of results by electronic means.
14 "Header card" means a data processing card which is coded
15 to indicate to the computer the precinct identity of the
16 ballot cards that will follow immediately and may indicate to
17 the computer how such ballot cards are to be tabulated.
18 "Marking device" means either an apparatus in which
19 ballots or ballot cards are inserted and used in connection
20 with a punch apparatus for the piercing of ballots by the
21 voter, or any approved device for marking a paper ballot with
22 ink or other substance which will enable the ballot to be
23 tabulated by means of automatic tabulating equipment or by an
24 electronic scanning process.
25 "Redundant count" means a verification of the original
26 computer count by another count using compatible equipment or
27 by hand as part of a discovery recount.
28 "Security punch" means a punch placed on a ballot card to
29 identify to the computer program the offices and propositions
30 for which votes may be cast and to indicate the manner in
31 which votes cast should be tabulated while negating any
32 inadmissable votes.
33 "Voting defect" means an overvoted ballot or a ballot
34 that cannot be read by automatic tabulating equipment.
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1 "Voting defect identification" means the capability to
2 detect ballots that contain a voting defect.
3 (Source: P.A. 86-867.)
4 (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
5 Sec. 24A-10.1. (a) In an election jurisdiction where
6 in-precinct counting equipment is utilized, the following
7 procedures for counting and tallying the ballots shall apply:
8 Immediately after the closing of the polls, the absentee
9 ballots delivered to the precinct judges of election by the
10 election authority shall be examined to determine that such
11 ballots comply with Sections 19-9 and 20-9 of this Act and
12 are entitled to be deposited in the ballot box; those
13 entitled to be deposited in the ballot box shall be initialed
14 by the precinct judges of election and deposited in the
15 ballot box. Those not entitled to be deposited in the ballot
16 box shall be marked "Rejected" and disposed of as provided in
17 said Sections 19-9 and 20-9.
18 The precinct judges of election shall open the ballot box
19 and count the number of ballots therein to determine if such
20 number agrees with the number of voters voting as shown by
21 the applications for ballot or, if the same do not agree, the
22 judges of election shall make such ballots agree with the
23 applications for ballot in the manner provided by Section
24 17-18 of this Act. The judges of election shall then examine
25 all ballot cards and ballot card envelopes which are in the
26 ballot box to determine whether the ballot cards and ballot
27 card envelopes contain the initials of a precinct judge of
28 election. If any ballot card or ballot card envelope is not
29 initialed, it shall be marked on the back "Defective",
30 initialed as to such label by all judges immediately under
31 the word "Defective" and not counted. The judges of election
32 shall place an initialed blank official ballot card in the
33 place of the defective ballot card, so that the count of the
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1 ballot cards to be counted on the automatic tabulating
2 equipment will be the same, and each "Defective Ballot" card
3 and "Replacement" card shall contain the same serial number
4 which shall be placed thereon by the judges of election,
5 commencing with number 1 and continuing consecutively for the
6 ballots of that kind in that precinct. The original
7 "Defective" card shall be placed in the "Defective Ballot
8 Envelope" provided for that purpose.
9 When an electronic voting system is used which utilizes a
10 ballot card, before separating the remaining ballot cards
11 from their respective covering envelopes, the judges of
12 election shall examine the ballot card envelopes for write-in
13 votes. When the voter has cast a write-in vote, the judges
14 of election shall compare the write-in vote with the votes on
15 the ballot card to determine whether such write-in results in
16 an overvote for any office. In case of an overvote for any
17 office, the judges of election, consisting in each case of at
18 least one judge of election of each of the 2 major political
19 parties, shall make a true duplicate ballot of all votes on
20 such ballot card except for the office which is overvoted, by
21 using the ballot label booklet of the precinct and one of the
22 marking devices of the precinct so as to transfer all votes
23 of the voter, except for the office overvoted, to a duplicate
24 card. The original ballot card and envelope upon which there
25 is an overvote shall be clearly labeled "Overvoted Ballot",
26 and each such "Overvoted Ballot" as well as its "Replacement"
27 shall contain the same serial number which shall be placed
28 thereon by the judges of election, commencing with number 1
29 and continuing consecutively for the ballots of that kind in
30 that precinct. The "Overvoted Ballot" card and ballot
31 envelope shall be placed in an envelope provided for that
32 purpose labeled "Duplicate Ballot" envelope, and the judges
33 of election shall initial the "Replacement" ballot cards and
34 shall place them with the other ballot cards to be counted on
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1 the automatic tabulating equipment. Envelopes containing
2 write-in votes marked in the place designated therefor and
3 containing the initials of a precinct judge of election and
4 not resulting in an overvote and otherwise complying with the
5 election laws as to marking shall be counted and tallied and
6 their votes recorded on a tally sheet provided by the
7 election authority.
8 The ballot cards and ballot card envelopes shall be
9 separated in preparation for counting by the automatic
10 tabulating equipment provided for that purpose by the
11 election authority.
12 Before the ballots are entered into the automatic
13 tabulating equipment, a precinct identification card provided
14 by the election authority shall be entered into the device to
15 ensure that the totals are all zeroes in the count column on
16 the printing unit. A precinct judge of election shall then
17 count the ballots by entering each ballot card into the
18 automatic tabulating equipment, and if any ballot or ballot
19 card is damaged or defective so that it cannot properly be
20 counted by the automatic tabulating equipment, the judges of
21 election, consisting in each case of at least one judge of
22 election of each of the 2 major political parties, shall make
23 a true duplicate ballot of all votes on such ballot card by
24 using the ballot label booklet of the precinct and one of the
25 marking devices of the precinct. The original ballot or
26 ballot card and envelope shall be clearly labeled "Damaged
27 Ballot" and the ballot or ballot card so produced shall be
28 clearly labeled "Duplicate Damaged Ballot", and each shall
29 contain the same serial number which shall be placed thereon
30 by the judges of election, commencing with number 1 and
31 continuing consecutively for the ballots of that kind in the
32 precinct. The judges of election shall initial the
33 "Duplicate Damaged Ballot" ballot or ballot cards and shall
34 enter the duplicate damaged cards into the automatic
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1 tabulating equipment. The "Damaged Ballot" cards shall be
2 placed in the "Duplicated Ballots" envelope; after all ballot
3 cards have been successfully read, the judges of election
4 shall check to make certain that the last number printed by
5 the printing unit is the same as the number of voters making
6 application for ballot in that precinct. The number shall be
7 listed on the "Statement of Ballots" form provided by the
8 election authority.
9 The totals for all candidates and propositions shall be
10 tabulated; 4 sets shall be attached to the 4 sets of
11 "Certificate of Results" provided by the election authority;
12 one set shall be posted in a conspicuous place inside the
13 polling place; and every effort shall be made by the judges
14 of election to provide a set for each authorized pollwatcher
15 or other official authorized to be present in the polling
16 place to observe the counting of ballots; but in no case
17 shall the number of sets to be made available to pollwatchers
18 be fewer than 4, chosen by lot by the judges of election. In
19 addition, sufficient time shall be provided by the judges of
20 election to the pollwatchers to allow them to copy
21 information from the set which has been posted.
22 The judges of election shall count all unused ballot
23 cards and enter the number on the "Statement of Ballots".
24 All "Spoiled", "Defective" and "Duplicated" ballot cards
25 shall be counted and the number entered on the "Statement of
26 Ballots".
27 The precinct judges of election shall select a
28 bi-partisan team of 2 judges, who shall immediately return
29 the ballots in a sealed container, along with all other
30 election materials as instructed by the election authority;
31 provided, however, that such container must first be sealed
32 by the election judges with filament tape provided for such
33 purpose which shall be wrapped around the container
34 lengthwise and crosswise, at least twice each way, in such
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1 manner that the ballots cannot be removed from such container
2 without breaking the seal and filament tape and disturbing
3 any signatures affixed by the election judges to the
4 container. The election authority shall keep the office of
5 the election authority, or any receiving stations designated
6 by such authority, open for at least 12 consecutive hours
7 after the polls close or until the ballots from all precincts
8 with in-precinct counting equipment within the jurisdiction
9 of the election authority have been returned to the election
10 authority. Ballots returned to the office of the election
11 authority which are not signed and sealed as required by law
12 shall not be accepted by the election authority until the
13 judges returning the same make and sign the necessary
14 corrections. Upon acceptance of the ballots by the election
15 authority, the judges returning the same shall take a receipt
16 signed by the election authority and stamped with the time
17 and date of such return. The election judges whose duty it is
18 to return any ballots as herein provided shall, in the event
19 such ballots cannot be found when needed, on proper request,
20 produce the receipt which they are to take as above provided.
21 (b) If the in-precinct counting equipment has voting
22 defect identification capability, the election authority may
23 select one or more of the following options:
24 (1) The in-precinct counting equipment may be set
25 to return any ballot on which the number of votes for an
26 office or proposition exceeds the number of votes for
27 which the voter is entitled to cast. If the voter, after
28 being informed that an overvote has occurred, determines
29 to have the ballot counted despite containing an
30 overvote, the counting equipment shall be set to accept
31 the ballot and count the votes for or against public
32 questions and for candidates for offices for which there
33 is no overvote. If the voter determines to have the
34 overvoted ballot rejected and to vote a new ballot, the
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1 original ballot shall be marked "Overvoted Ballot",
2 initialed as to such label by all judges immediately
3 under the words "Overvoted Ballot", and not counted. The
4 original overvoted ballot shall be placed in an envelope
5 labeled "Duplicate Ballot" envelope. The judges shall
6 issue a new ballot to the voter in lieu of the original
7 overvoted ballot and the voter shall then be permitted to
8 vote the new ballot. If the election authority elects not
9 to activate the voting defect identification capability
10 to detect and return an overvoted ballot, the ballots
11 shall be treated in the same manner as provided for
12 overvoted ballots in subsection (a) of this Section.
13 (2) The in-precinct counting equipment may be set
14 to return any ballot that cannot be read by the automatic
15 tabulating equipment. The ballot shall be marked
16 "Damaged", initialed as to such label by all judges
17 immediately under the word "Damaged", and not counted.
18 The original "Damaged" ballot shall be placed in the
19 "Defective Ballot Envelope" provided for that purpose.
20 The judges shall issue a new ballot to the voter in lieu
21 of the original damaged ballot and the voter shall then
22 be permitted to vote the new ballot. If the election
23 authority elects not to activate the voting defect
24 identification capability to detect and return any ballot
25 that is damaged or defective, or if any ballot contains a
26 voting defect so that it cannot properly be counted by
27 the automatic tabulating equipment, the ballots shall be
28 treated in the same manner as provided for damaged and
29 defective ballots in subsection (a) of this Section.
30 (3) The in-precinct counting equipment may be set
31 to count a ballot for a candidate or for or against a
32 proposition as it is inserted into the automatic
33 tabulating equipment and to generate vote totals for all
34 candidates and propositions immediately upon the closing
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1 of the polls and the insertion of absentee ballots
2 entitled to be counted. Before the opening of the polls
3 and before ballots are entered into the automatic
4 tabulating equipment, the judges of election shall turn
5 on the automatic tabulating equipment and verify that the
6 vote totals are all set at zero. After the polls have
7 been declared open, ballots shall be counted by inserting
8 each ballot into the automatic tabulating equipment
9 immediately after the voter has completed marking his or
10 her ballot. At the option of the election authority,
11 ballots may be inserted into the automatic tabulating
12 equipment by the voters under the supervision of the
13 judges of election. Each ballot shall be immediately
14 deposited into the ballot box after it has been inserted
15 into and counted by the automatic tabulating equipment.
16 Before the close of the polls, no person shall be
17 permitted to check for vote totals for any candidate or
18 proposition on the ballot. During the time that polling
19 places are open, no person may reset the equipment for
20 re-insertion of ballots and the automatic tabulating
21 equipment shall be programmed to prevent such reinsertion
22 unless authorized by the election authority or a
23 representative of the election authority.
24 Immediately after the closing of the polls, the
25 absentee ballots delivered to the precinct judges of
26 election by the election authority shall be examined to
27 determine that the ballots comply with Sections 19-9 and
28 20-9 of this Code and are entitled to be counted. Those
29 absentee ballots entitled to be counted shall be inserted
30 into the automatic tabulating equipment by the judges and
31 then deposited into the ballot box. Those absentee
32 ballots not entitled to be counted shall be marked
33 "Rejected" and disposed of as provided in Sections 19-9
34 and 20-9.
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1 The precinct judges of elections shall open the
2 ballot box and count the number of ballots to determine
3 if the number agrees with the number of voters voting as
4 shown by the automatic tabulating equipment and the
5 applications for ballot and if the same do not agree, the
6 judges of election shall make the ballots agree with the
7 applications for ballot in the manner provided by Section
8 17-18 of this Code.
9 The judges of election shall then examine all ballot
10 cards and ballot envelopes that are in the ballot box to
11 determine whether the ballot cards and ballot card
12 envelopes contain the initials of a precinct judge of
13 election. If any ballot card or ballot card envelope is
14 not initialed, it shall be treated in the same manner as
15 provided for uninitialed ballots in subsection (a) of
16 this Section.
17 If the judges of election have removed a ballot
18 pursuant to Section 17-18, have labeled "Defective" a
19 ballot that is not initialed, or have otherwise
20 determined under this Code to not count a ballot
21 originally deposited into a ballot box, the judges of
22 election shall be sure that the totals on the automatic
23 tabulating equipment are reset to all zeros in the
24 counting column. Thereafter, the judges of election shall
25 enter each ballot to be counted in the automatic
26 tabulating equipment and the totals for all candidates
27 and propositions shall be tabulated in the manner set
28 forth in subsection (a) of this Section.
29 If after examining the ballots the number of ballots
30 agrees with the number of voters voting as shown by the
31 applications for ballot and the judges of election have
32 not removed a ballot pursuant to Section 17-18, have not
33 labeled "Defective" a ballot that is not initialed, or
34 have otherwise determined under this Code to count all
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1 ballots originally deposited into a ballot box, then the
2 totals for all candidates and propositions shall be
3 tabulated in the manner set forth in subsection (a) of
4 this Section. If the election authority has opted to
5 provide for the counting of ballots for candidates or for
6 or against propositions as the ballots are inserted into
7 the automatic tabulating equipment, the totals for all
8 candidates and propositions shall be tabulated
9 immediately and without re-inserting the ballots into the
10 automatic tabulating equipment.
11 (Source: P.A. 83-1362.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.