State of Illinois
92nd General Assembly
Legislation

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92_HB1800

 
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 1        AN ACT concerning elections.

 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  7-15,  12-1,  17-9, 18-5, 24A-10, 24A-15.1, 24B-10,
 6    and 24B-15.1 and by adding Article 19A as follows:

 7        (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
 8        Sec. 7-15.  At least 60 days prior to  each  general  and
 9    consolidated  primary,  the  election authority shall provide
10    public notice, calculated to reach  elderly  and  handicapped
11    voters,  of  the availability of registration and voting aids
12    under the Federal Voting Accessibility for  the  Elderly  and
13    Handicapped Act, of the availability of assistance in marking
14    the ballot, and procedures for voting by absentee ballot, and
15    procedures  for early voting by personal appearance. At least
16    20 days before the general primary the county clerk  of  each
17    county, and not more than 30 nor less than 10 days before the
18    consolidated primary the election authority, shall prepare in
19    the  manner  provided  in  this Act, a notice of such primary
20    which notice shall state the time and place  of  holding  the
21    primary,  the  hours during which the polls will be open, the
22    offices for  which  candidates  will  be  nominated  at  such
23    primary  and  the  political  parties entitled to participate
24    therein,  notwithstanding  that  no  candidate  of  any  such
25    political party may be entitled to have his name  printed  on
26    the  primary ballot.  Such notice shall also include the list
27    of addresses of precinct polling places for the  consolidated
28    primary  unless  such  list  is  separately  published by the
29    election  authority  not  less  than  10  days   before   the
30    consolidated primary.
31        In  counties,  municipalities, or towns having fewer than
 
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 1    500,000 inhabitants notice of the general  primary  shall  be
 2    published  once  in  two  or more newspapers published in the
 3    county, municipality or town, as the case may be, or if there
 4    is no such newspaper, then in  any  two  or  more  newspapers
 5    published  in  the  county  and  having a general circulation
 6    throughout the community.
 7        In counties, municipalities, or towns having  500,000  or
 8    more  inhabitants  notice  of  the  general  primary shall be
 9    published at least 15 days prior to the primary by  the  same
10    authorities  and in the same manner as notice of election for
11    general elections are required to be published  in  counties,
12    municipalities  or towns of 500,000 or more inhabitants under
13    this Act.
14        Notice of the consolidated  primary  shall  be  published
15    once  in  one  or more newspapers published in each political
16    subdivision having such primary, and  if  there  is  no  such
17    newspaper,   then   published  once  in  a  local,  community
18    newspaper having general circulation in the subdivision,  and
19    also  once in a newspaper published in the county wherein the
20    political subdivisions,  or  portions  thereof,  having  such
21    primary are situated.
22    (Source: P.A. 84-808.)

23        (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
24        Sec.  12-1.   At  least 60 days prior to each general and
25    consolidated election, the election authority  shall  provide
26    public  notice,  calculated  to reach elderly and handicapped
27    voters, of the availability of registration and  voting  aids
28    under  the  Federal  Voting Accessibility for the Elderly and
29    Handicapped Act, of the availability of assistance in marking
30    the ballot, and procedures for voting by absentee ballot, and
31    procedures for voting early by personal appearance.
32        At least 30 days before  any  general  election,  and  at
33    least  20 days before any special congressional election, the
 
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 1    county clerk shall publish a notice of the election in  2  or
 2    more  newspapers  published  in  the  county,  city, village,
 3    incorporated town or town, as the case may be, or if there is
 4    no such newspaper, then in any 2 or more newspapers published
 5    in the county and having a general circulation throughout the
 6    community. The notice may be substantially as follows:
 7        Notice is hereby given that on (give date), at (give  the
 8    place of holding the election and the name of the precinct or
 9    district) in the county of (name county), an election will be
10    held  for  (give  the  title  of  the  several  offices to be
11    filled), which  election  will  be  open  at  6:00  a.m.  and
12    continued open until 7:00 p.m. of that day.
13        Dated at .... on (insert date).
14    (Source: P.A. 90-358, eff. 1-1-98; 91-357, eff. 7-29-99.)

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

11        The  affidavit  of  any such person shall be supported by
12    the affidavit of a resident and qualified voter of  any  such
13    precinct  and ward, which affidavit shall be in substantially
14    the following form:
15    State of Illinois,)
16                      ) ss.
17    County of ........)
18    ........... Precinct   ........... Ward
19        I, ...., do solemnly swear  (or  affirm),  that  I  am  a
20    resident  of  this  precinct and ward and entitled to vote at
21    this election; that I am acquainted with ....  (name  of  the
22    applicant);  that  I  verily believe him to be an actual bona
23    fide resident of this precinct and ward  and  that  I  verily
24    believe  that  he  or  she  has  maintained a legal residence
25    therein 30 days and in this State 30 days next preceding this
26    election.
27                                        .........................
28        Subscribed and sworn to before me on (insert date).
29                                        .........................
30                                               Judge of Election.

31        All affidavits made under the provisions of this  Section
32    shall be enclosed in a separate envelope securely sealed, and
33    shall be transmitted with the returns of the elections to the
 
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 1    county  clerk  or to the board of election commissioners, who
 2    shall preserve the  said  affidavits  for  the  period  of  6
 3    months,  during  which period such affidavits shall be deemed
 4    public records and shall be freely  open  to  examination  as
 5    such.
 6    (Source: P.A. 91-357, eff. 7-29-99.)

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

20        (10 ILCS 5/Art. 19A heading new)

21          ARTICLE 19A.  EARLY VOTING BY PERSONAL APPEARANCE

22        (10 ILCS 5/19A-5 new)
23        Sec. 19A-5.  Issuance of ballots; voting booth.
24        (a)  If  a  request is made to vote early by a registered
25    voter in person, the election authority shall issue a  ballot
26    for  early  voting  to the voter. The ballot must be voted on
27    the premises of the election authority and  returned  to  the
28    election authority.
29        (b)  On  the dates for early voting prescribed in Section
30    19A-15, each election authority shall provide a voting booth,
31    with suitable equipment for voting, on the  premises  of  the
32    election  authority   for  use  by  registered voters who are
 
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 1    issued ballots for  early  voting  in  accordance  with  this
 2    Section.
 3        (c)  The election authority must maintain a list for each
 4    election  of  the voters to whom it has issued early ballots.
 5    The list must be maintained  for  each  precinct  within  the
 6    election authority's jurisdiction.  Before the opening of the
 7    polls  on  election day, the election authority shall deliver
 8    to the judges of  election  in  each  precinct  the  list  of
 9    registered voters to whom early ballots have been issued.

10        (10 ILCS 5/19A-10 new)
11        Sec. 19A-10.  Permanent polling places for early voting.
12        (a)  An   election   authority  may  establish  permanent
13    polling places for early voting  by  personal  appearance  at
14    locations  throughout  the election authority's jurisdiction.
15    Except as otherwise provided in subsection  (b),  any  person
16    entitled  to  vote  early by personal appearance may do so at
17    any polling place for early voting.
18        (b)  If it is impractical for the election  authority  to
19    provide  at  each  polling place for early voting a ballot in
20    every form required in the election authority's jurisdiction,
21    the election authority  may:
22             (1)  provide appropriate forms  of  ballots  to  the
23        office  of  the  municipal  clerk  in  a municipality not
24        having a board of election  commissioners;  the  township
25        clerk;  or  in  counties not under township organization,
26        the road district clerk; and
27             (2)  limit  voting  at   that   polling   place   to
28        registered voters in that municipality, township, or road
29        district.

30        (10 ILCS 5/19A-15 new)
31        Sec. 19A-15. Period for early voting; hours.
32        (a)  The  period  for early voting by personal appearance
 
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 1    begins  the  third  Saturday  preceding  a  general  primary,
 2    consolidated primary, consolidated, or general  election  and
 3    extends  through  the Friday before election day, Sundays and
 4    holidays excepted.
 5        (b)  The election authority may  include  any  Sunday  or
 6    holiday that falls within the period for  early voting.
 7        (c)  A  permanent  polling  place  for  early voting must
 8    remain open during the hours of 8:30 a.m. to  4:30  p.m.,  or
 9    9:00  a.m.  to  5:00 p.m., on weekdays and 9:00 a.m. to 12:00
10    p.m. on Saturdays.  If  the  election  authority  includes  a
11    Sunday  or  holiday  that  falls  within the period for early
12    voting, the permanent polling place must remain  open  during
13    the  hours  that  the election authority and municipal clerk,
14    township clerk, or road district clerk establish.

15        (10 ILCS 5/19A-20 new)
16        Sec. 19A-20. Temporary branch polling places.
17        (a)  In addition to permanent polling  places  for  early
18    voting, the election authority may establish temporary branch
19    polling places for early voting.
20        (b)  The  provisions  of subsection (c) of Section 19A-15
21    do not apply to  a  temporary  polling  place.  Voting  at  a
22    temporary branch polling place may be conducted on any one or
23    more  days  and  during any hours within the period for early
24    voting by personal appearance  that  are  determined  by  the
25    election authority.
26        (c)  The  schedules  for conducting voting do not need to
27    be uniform among the temporary branch polling places.
28        (d)  The legal rights and remedies  which  inure  to  the
29    owner  or  lessor  of  private  property  are not impaired or
30    otherwise affected by the leasing of the property for use  as
31    a  temporary branch polling place for early voting, except to
32    the  extent  necessary  to  conduct  early  voting  at   that
33    location.
 
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 1        (10 ILCS 5/19A-25 new)
 2        Sec.  19A-25.  Schedule  of locations and times for early
 3    voting.
 4        (a)  The election authority  shall   publish  during  the
 5    week  before  the  period  for early voting and at least once
 6    each week during the period for early voting in  a  newspaper
 7    of   general   circulation   in   the   election  authority's
 8    jurisdiction a schedule stating:
 9             (1)  the location of each  permanent  and  temporary
10        polling  place  for early voting and the precincts served
11        by each location; and
12             (2)  the dates and hours that early voting  will  be
13        conducted at each location.
14        (b)  The  election  authority  shall  post  a copy of the
15    schedule at the office of the municipal clerk,  the  township
16    clerk,  or  road  district clerk. The schedule must be posted
17    continuously for a period beginning not later  than  the  5th
18    day  before  the  first day of the period for early voting by
19    personal appearance and  ending  on  the  last  day  of  that
20    period.
21        (c)  The  election  authority  must  make  copies  of the
22    schedule available to the  public  in  reasonable  quantities
23    without charge during the period of posting.
24        (d)  No additional polling places for early voting may be
25    established  after  the  schedule  is  published  under  this
26    Section.

27        (10 ILCS 5/19A-25 new)
28        Sec.   19A-25.  Voting   machines,  automatic  tabulating
29    equipment, and precinct tabulation  optical  scan  technology
30    voting equipment.
31        (a)  In  all  jurisdictions  in which voting machines are
32    used, the provisions of this Code that are  not  inconsistent
33    with this Article relating to the furnishing of ballot boxes,
 
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 1    printing  and furnishing ballots and supplies, the canvassing
 2    of ballots, and the making of returns, apply with full  force
 3    and  effect  to  the  extent  necessary  to make this Article
 4    effective, provided that the number of ballots to be  printed
 5    shall be in the discretion of the election authority.
 6        (b)  If  the  election  authority  has adopted the use of
 7    automatic tabulating equipment  under  Article  24A  of  this
 8    Code, and the provisions of that Article are in conflict with
 9    the provisions of this Article 19A, the provisions of Article
10    24A  shall  govern  the  procedures  followed by the election
11    authority, its judges of  election,  and  all  employees  and
12    agents.
13        (c)  If  the  election  authority  has adopted the use of
14    precinct tabulation optical scan technology voting  equipment
15    under  Article  24B  of this Code, and the provisions of that
16    Article are in conflict with the provisions of  this  Article
17    19A,   the   provisions  of  Article  24B  shall  govern  the
18    procedures followed by the election authority, its judges  of
19    election, and all employees and agents.

20        (10 ILCS 5/19A-30 new)
21        Sec. 19A-30.  Appointment of election officials.
22        (a)  The  election  authority must appoint an employee to
23    serve as the election official  in  charge  of  each  polling
24    place for early voting.
25        (b)  The  election  authority  may  also  appoint as many
26    addition election officials as it  deems  necessary  for  the
27    proper conduct of the election.

28        (10 ILCS 5/19A-35 new)
29        Sec. 19A-35. Procedure for voting.
30        (a)  Not  more  than  23  days  before the start of early
31    voting, the county clerk shall make available to the election
32    authority conducting early voting by  personal  appearance  a
 
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 1    sufficient  number  of  early ballots, envelopes, and printed
 2    voting instruction slips for the use of  early  voters.   The
 3    election authority shall receipt for all ballots received and
 4    shall  return  unused  or spoiled ballots at the close of the
 5    early voting period to the county  clerk  and  must  strictly
 6    account  for  all ballots received.  The ballots delivered to
 7    the election authority must include early  ballots  for  each
 8    precinct  in  the  election authority's jurisdiction and must
 9    include  separate  ballots  for  each  political  subdivision
10    conducting an election of officers or a  referendum  at  that
11    election.
12        (b)  In  conducting  early voting under this Article, the
13    election official is not required to verify the signature  of
14    the  early  voter  by  comparison  with  the signature on the
15    official registration card, however, the official must verify
16    (i) the identity of the applicant, (ii) that the applicant is
17    a registered voter, (iii) the precinct in which the applicant
18    is registered, and (iv) the proper ballots of  the  political
19    subdivision in which the applicant resides and is entitled to
20    vote  before providing an early ballot to the applicant.  The
21    election official must verify  the  applicant's  registration
22    from  the  most  recent  poll  list  provided by the election
23    authority, and if the applicant is not listed  on  that  poll
24    list, by telephoning the office of the election authority.
25        (c)  The  sealed  early ballots in their carrier envelope
26    shall be delivered by the election officials  to  the  proper
27    polling place before the close of the polls on the day of the
28    election.

29        (10 ILCS 5/19A-40 new)
30        Sec. 19A-40. Enclosure of ballots in envelope.
31        It  is  be the duty of the election authority to fold the
32    ballot or ballots in the manner specified by the statute  for
33    folding ballots prior to their deposit in the ballot box, and
 
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 1    to  enclose  the ballot or ballots in an envelope unsealed to
 2    be furnished by him, which envelope shall bear upon the  face
 3    thereof  the name, official title, and post office address of
 4    the election authority, and upon the  other  side  a  printed
 5    certification in substantially the following form:
 6        I  state that I am a resident of the .... precinct of the
 7    (1) *township of .... (2) *City of .... or (3) *.... ward  in
 8    the city of .... residing at .... in that city or town in the
 9    county  of  ....  and State of Illinois, that I have lived at
10    that address for .... months last past; that  I  am  lawfully
11    entitled  to vote in that precinct at the .... election to be
12    held on .... .
13    *fill in either (1), (2) or (3).
14        I further state that I  personally  marked  the  enclosed
15    ballot in secret.
16        Under penalties of perjury as provided by law pursuant to
17    Section 29-10 of the Election Code, the undersigned certifies
18    that  the statements set forth in this certification are true
19    and correct.
20                                          .......................
21        If the ballot enclosed  is  to  be  voted  at  a  primary
22    election,  the  certification shall designate the name of the
23    political party with which the voter is affiliated.
24        In addition to the above, the  election  authority  shall
25    provide  printed slips giving full instructions regarding the
26    manner of marking and returning the ballot in order that  the
27    same  may  be  counted,  and shall furnish one of the printed
28    slips to each of such applicants at the same time the  ballot
29    is  delivered  to  him or her. The instructions shall include
30    the following statement: "In signing the certification on the
31    early ballot envelope, you are attesting that you  personally
32    marked  this  early  ballot in secret. If your are physically
33    unable to mark the ballot, a friend or  relative  may  assist
34    you.   Federal  and  State  laws prohibit your employer, your
 
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 1    employer's agent, or an officer or agent of your  union  form
 2    assisting physically disabled voters."
 3        In addition to the above, if a ballot to be provided to a
 4    voter  pursuant  to  this  Section contains a public question
 5    described in subsection (b) of Section 28-6 and the territory
 6    concerning which the question  is  to  be  submitted  is  not
 7    described  on  the ballot due to the space limitations of the
 8    ballot, the election authority shall provide a  printed  copy
 9    of  a  notice  of  the public question, which shall include a
10    description of  the  territory  in  the  manner  required  by
11    Section  16-7.  The notice shall be furnished to the voter at
12    the same time the ballot is delivered to the voter.

13        (10 ILCS 5/19A-45 new)
14        Sec. 19A-45.  Certification.  The voter  shall  make  and
15    subscribe  the  certification  provided  for  on  the  return
16    envelope  of  the  ballot, and the ballot or ballots shall be
17    folded by the voter in  the  manner  required  to  be  folded
18    before  depositing the ballot in the ballot box, and shall be
19    deposited in the envelope and the envelope  securely  sealed.
20    The  voter  shall  then endorse his or her certificate on the
21    back of the envelope and the envelope shall  be  returned  to
22    the election official conducting the early voting.

23        (10 ILCS 5/19A-50 new)
24        Sec.  19A-50.  Receipt  of  ballots.  Upon receipt of the
25    voter's ballot,  the  election  official  shall  enclose  the
26    unopened  ballot in a large or carrier envelope that shall be
27    securely sealed and endorsed with the name and official title
28    of the  election  official  and  the  words,  "This  envelope
29    contains  a  ballot  and  must  be  opened  on election day",
30    together with the number and description of the  precinct  in
31    which  the  ballot is to be voted, and the election authority
32    shall safely keep the envelope in its office until  delivered
 
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 1    to the judges of election as provided in Section 19A-35.

 2        (10 ILCS 5/19A-55 new)
 3        Sec. 19A-55.  Casting the ballots.
 4        At the close of the regular balloting and at the close of
 5    the  polls  the  judges  of  election of each voting precinct
 6    shall proceed to cast the early  voter's  ballot  separately,
 7    and  as  each  early  voter's  ballot is taken shall open the
 8    outer or carrier envelope, announce the early  voter's  name,
 9    and compare the signature upon the official registration card
10    with  the  signature  upon  the  certification  on the ballot
11    envelope. In case the judges find the certification  properly
12    executed,  that the signatures correspond, that the applicant
13    is a duly qualified voter in the precinct, and the voter  has
14    not  been  present  and voted on the election day, they shall
15    open the envelope containing the early voter's  ballot  in  a
16    manner  that  does not to deface or destroy the certification
17    thereon, or mark or tear the ballots therein and take out the
18    ballot or ballots  therein  contained  without  unfolding  or
19    permitting  the  same  to be unfolded or examined, and having
20    endorsed the ballot in  like  manner  as  other  ballots  are
21    required to be endorsed, shall deposit the same in the proper
22    ballot  box  or boxes and enter the early voter's name in the
23    poll book the same as if he or she had voted on election day.
24    The  judges  shall  place  the  early  ballot   certification
25    envelopes  in a separate envelope as per the direction of the
26    election authority. The envelope containing the early  ballot
27    certification  envelopes  shall  be  returned to the election
28    authority and preserved in like manner as the  official  poll
29    record.
30        In  case  the  signatures  do not correspond, or that the
31    applicant is not a duly qualified voter in  the  precinct  or
32    that  the  ballot  envelope  is  open  or has been opened and
33    resealed, or that the voter has voted on  election  day,  the
 
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 1    previously  cast  vote  shall  not  be  allowed,  but without
 2    opening the early voter's envelope the judge of the  election
 3    shall  mark  across  the face thereof, "Rejected", giving the
 4    reason therefor.
 5        In case the ballot envelope contains more than one ballot
 6    of any kind, the ballots shall not be counted, but  shall  be
 7    marked "Rejected", giving the reason therefor.
 8        The  early voters' envelopes and affidavits and the early
 9    voters' envelope with its contents unopened, when  the  early
10    vote  is  rejected,  shall  be  retained and preserved in the
11    manner as now provided for the retention and preservation  of
12    official ballots rejected at the election.

13        (10 ILCS 5/19A-60 new)
14        Sec.    19A-60.  Pollwatchers.    Pollwatchers   may   be
15    appointed to observe early voting by personal  appearance  at
16    each permanent and temporary polling place where early voting
17    is   conducted.    The  pollwatchers  shall  qualify  and  be
18    appointed in the same manner as provided in Sections 7-34 and
19    17-23,  except  that  each  candidate,  political  party,  or
20    organization of citizens may appoint only one pollwatcher for
21    each location where early voting by  personal  appearance  is
22    conducted.   Pollwatchers must be residents of the county and
23    possess valid pollwatcher credentials.
24        In the polling place on election  day,  pollwatchers  are
25    permitted  to  be  present  during  the  casting of the early
26    ballots and the vote of an early voter may be challenged  for
27    cause  the  same  as  if  the voter were present and voted on
28    election day.  The judges of election, or a majority of them,
29    have the power  and  authority  to  hear  and  determine  the
30    legality  of  the  early ballot, provided, however, that if a
31    challenge to any early voter's right to  vote  is  sustained,
32    notice  of  the  challenge  must  be  given  by the judges of
33    election by mail addressed to the voter's place of residence.
 
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 1        (10 ILCS 5/19A-65 new)
 2        Sec. 19A-65.  Death of voter  before  opening  of  polls.
 3    Whenever due proof is made to the judges of election that any
 4    voter  who  has  marked  an  early ballot as provided in this
 5    Article has died before the opening of the polls on the  date
 6    of  the  election,  the ballot of the deceased voter shall be
 7    returned by  the  judges  of  election  in  the  same  manner
 8    provided  for rejected ballots; but the casting of the ballot
 9    of a deceased voter shall not invalidate the election.

10        (10 ILCS 5/19A-70 new)
11        Sec. 19A-70.  Advertising or campaigning in proximity  of
12    polling  place;  penalty.   During  the  period prescribed in
13    Section 19A-15 for early voting by  personal  appearance,  no
14    advertising  pertaining to any candidate or proposition to be
15    voted on may be displayed  in  or  within  100  feet  of  any
16    polling  place  used by voters under this Article.  No person
17    may engage in electioneering in or within  100  feet  of  any
18    polling place used by voters under this Article.
19        Any  person who violates this Section may be punished for
20    contempt of court.

21        (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
22        Sec. 24A-10.  (1)  In an election jurisdiction which  has
23    adopted an electronic voting system, the election official in
24    charge  of  the  election shall select one of the 3 following
25    procedures for receiving, counting, tallying, and  return  of
26    the ballots:
27        (a)  Two  ballot boxes shall be provided for each polling
28    place. The first ballot box is for the  depositing  of  votes
29    cast  on  the electronic voting system; and the second ballot
30    box is  for  all  votes  cast  on  paper  ballots,  including
31    absentee  paper  and  early paper ballots and any other paper
32    ballots required to be voted other  than  on  the  electronic
 
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 1    voting system. Ballots, except absentee and early ballots for
 2    candidates   and   propositions   which  are  listed  on  the
 3    electronic voting system, deposited in the second ballot  box
 4    shall  be  counted,  tallied,  and  returned  as is elsewhere
 5    provided in "The Election Code," as amended, for the counting
 6    and handling of paper ballots. Immediately after the  closing
 7    of  the polls the absentee and early ballots delivered to the
 8    precinct judges of  election  by  the  election  official  in
 9    charge  of  the  election shall be examined to determine that
10    such ballots comply with Sections 19-9, 19A-55, and  20-9  of
11    "The  Election  Code,"  as  amended,  and  are entitled to be
12    deposited in the ballot box provided therefor; those entitled
13    to be deposited in this ballot box shall be initialed by  the
14    precinct  judges of election and deposited therein. Those not
15    entitled to be deposited in this ballot box shall  be  marked
16    "Rejected"  and  disposed  of  as  provided in Sections 19-9,
17    19A-55, and 20-9. The precinct judges of election shall  then
18    open the second ballot box and examine all paper absentee and
19    early  ballots  which  are  in  the  ballot  box to determine
20    whether the absentee and early ballots bear the initials of a
21    precinct judge of election. If any absentee or  early  ballot
22    is  not  so  initialed,  it  shall  be  marked  on  the  back
23    "Defective,"  initialed  as  to  such  label  by  all  judges
24    immediately under such word "Defective," and not counted, but
25    placed  in  the  envelope  provided  for that purpose labeled
26    "Defective  Ballots  Envelope."  The  judges   of   election,
27    consisting  in each case of at least one judge of election of
28    each of the two major political parties,  shall  examine  the
29    paper  absentee  and  early ballots which were in such ballot
30    box and properly initialed so as  to  determine  whether  the
31    same  contain  write-in votes. Write-in votes, not causing an
32    overvote for an office  otherwise  voted  for  on  the  paper
33    absentee or early ballot, and otherwise properly voted, shall
34    be  counted, tallied and recorded on the tally sheet provided
 
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 1    for such record. A write-in vote causing an overvote  for  an
 2    office shall not be counted for that office, but the precinct
 3    judges  shall  mark  such  paper  or  early  absentee  ballot
 4    "Objected  To"  on the back thereof and write on its back the
 5    manner in which such ballot is counted and initial the  same.
 6    An  overvote for one office shall invalidate only the vote or
 7    count of that particular office. After counting, tallying and
 8    recording the write-in votes on absentee and  early  ballots,
 9    the  judges  of election, consisting in each case of at least
10    one judge of election of each  of  the  two  major  political
11    parties,  shall make a true duplicate ballot of the remaining
12    valid votes on each paper absentee or early ballot which  was
13    in  the  ballot  box  and  properly  initialed,  by using the
14    electronic voting system used in the precinct and one of  the
15    marking  devices  of  the  precinct  so  as  to  transfer the
16    remaining valid votes of the  voter  on  the  paper  absentee
17    ballot  to  an  official ballot or a ballot card of that kind
18    used in the precinct at that  election.  The  original  paper
19    absentee  or  early ballot shall be clearly labeled "Absentee
20    Ballot" or "Early Ballot", as the case may be, and the ballot
21    card so produced "Duplicate Absentee Ballot,"  or  "Duplicate
22    Early  Ballot",  as  the case may be, and each shall bear the
23    same serial number which  shall  be  placed  thereon  by  the
24    judges  of  election, commencing with number 1 and continuing
25    consecutively for the ballots of that kind in that  precinct.
26    The  judges of election shall initial the "Duplicate Absentee
27    Ballot" and "Duplicate Early Ballot" ballots or ballot  cards
28    and  shall  place  them  in the first ballot box provided for
29    return of the ballots to be counted at the  central  counting
30    location in lieu of the paper absentee and early ballots. The
31    paper  absentee  and  early  ballots  shall  be  placed in an
32    envelope  provided  for  that  purpose   labeled   "Duplicate
33    Ballots."
34        As  soon  as  the  absentee  and  early ballots have been
 
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 1    deposited in the first ballot box,  the  judges  of  election
 2    shall  make  out  a slip indicating the number of persons who
 3    voted in the precinct at the election.  Such  slip  shall  be
 4    signed by all the judges of election and shall be inserted by
 5    them  in  the  first ballot box. The judges of election shall
 6    thereupon immediately lock the first  ballot  box;  provided,
 7    that  if  such  box  is  not  of a type which may be securely
 8    locked, such box shall be sealed with filament tape  provided
 9    for  such  purpose  which  shall  be  wrapped  around the box
10    lengthwise and crosswise, at least twice  each  way,  and  in
11    such  manner  that the seal completely covers the slot in the
12    ballot box, and each of the  judges  shall  sign  such  seal.
13    Thereupon  two  of  the  judges  of  election,  of  different
14    political  parties,  shall  forthwith  and by the most direct
15    route transport both ballot boxes to  the  counting  location
16    designated   by   the  county  clerk  or  board  of  election
17    commissioners.
18        Before  the  ballots  of  a  precinct  are  fed  to   the
19    electronic  tabulating  equipment, the first ballot box shall
20    be opened at the central counting station by the two precinct
21    transport judges. Upon opening a ballot box, such team  shall
22    first  count  the  number of ballots in the box. If 2 or more
23    are folded together so as to appear to have been cast by  the
24    same  person,  all of the ballots so folded together shall be
25    marked and returned  with  the  other  ballots  in  the  same
26    condition,  as  near as may be, in which they were found when
27    first opened, but shall not  be  counted.  If  the  remaining
28    ballots  are  found to exceed the number of persons voting in
29    the precinct as shown by the slip signed  by  the  judges  of
30    election,  the  ballots shall be replaced in the box, and the
31    box closed and well shaken and again opened and  one  of  the
32    precinct  transport  judges  shall  publicly draw out so many
33    ballots unopened as are equal to such excess.
34        Such excess ballots shall be marked "Excess-Not  Counted"
 
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 1    and  signed by the two precinct transport judges and shall be
 2    placed in the "After 7:00 p.m. Defective  Ballots  Envelope".
 3    The  number  of  excess ballots shall be noted in the remarks
 4    section of the Certificate of Results. "Excess" ballots shall
 5    not be counted in the total of  "defective" ballots.
 6        The precinct transport  judges  shall  then  examine  the
 7    remaining  ballots  for  write-in  votes  and shall count and
 8    tabulate the write-in vote; or
 9        (b)  A single ballot box, for the deposit  of  all  votes
10    cast,  shall  be  used.  All  ballots  which  are  not  to be
11    tabulated on the electronic voting system shall  be  counted,
12    tallied,  and returned as elsewhere provided in "The Election
13    Code," as amended, for the counting  and  handling  of  paper
14    ballots.
15        All  ballots  to  be  processed  and  tabulated  with the
16    electronic voting system shall be processed as follows:
17        Immediately after the closing of the polls  the  absentee
18    and  early  ballots  delivered  to  the  precinct  judges  of
19    election  by  the election official in charge of the election
20    shall be examined to determine that such ballots comply  with
21    Sections  19-9,  19A-55,  and 20-9 of "The Election Code," as
22    amended, and are entitled to be deposited in the ballot  box;
23    those  entitled  to  be  deposited in the ballot box shall be
24    initialed by the precinct judges of election and deposited in
25    the ballot box. Those not entitled to  be  deposited  in  the
26    ballot  box  shall  be  marked  "Rejected" and disposed of as
27    provided  in  said  Sections  19-9,  19A-55,  and  20-9.  The
28    precinct judges of election then shall open  the  ballot  box
29    and  canvass the votes polled to determine that the number of
30    ballots therein agree with the number  of  voters  voting  as
31    shown  by  the  applications for ballot or if the same do not
32    agree the judges of election shall make  such  ballots  agree
33    with  the  applications  for ballot in the manner provided by
34    Section 17-18 of "The Election Code." The judges of  election
 
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 1    shall  then  examine  all  paper  absentee and early ballots,
 2    ballot cards and ballot  card  envelopes  which  are  in  the
 3    ballot  box  to  determine  whether the paper ballots, ballot
 4    cards and ballot  card  envelopes  bear  the  initials  of  a
 5    precinct  judge of election. If any paper ballot, ballot card
 6    or ballot card envelope is not initialed, it shall be  marked
 7    on  the  back  "Defective," initialed as to such label by all
 8    judges immediately  under  such  word  "Defective,"  and  not
 9    counted, but placed in the envelope provided for that purpose
10    labeled "Defective Ballots Envelope." The judges of election,
11    consisting  in each case of at least one judge of election of
12    each of the two major political parties,  shall  examine  the
13    paper absentee and early ballots which were in the ballot box
14    and  properly  initialed  so as to determine whether the same
15    contain  write-in  votes.  Write-in  votes,  not  causing  an
16    overvote for an office  otherwise  voted  for  on  the  paper
17    absentee or early ballot, and otherwise properly voted, shall
18    be  counted, tallied and recorded on the tally sheet provided
19    for such record. A write-in vote causing an overvote  for  an
20    office shall not be counted for that office, but the precinct
21    judges  shall  mark  such  paper  absentee  or  early  ballot
22    "Objected  To"  on the back thereof and write on its back the
23    manner in which such ballot is counted and initial the  same.
24    An  overvote for one office shall invalidate only the vote or
25    count of that particular office. After counting, tallying and
26    recording the write-in votes on absentee and  early  ballots,
27    the  judges  of election, consisting in each case of at least
28    one judge of election of each  of  the  two  major  political
29    parties,  shall make a true duplicate ballot of the remaining
30    valid votes on each paper absentee and early ballot which was
31    in the ballot  box  and  properly  initialed,  by  using  the
32    electronic  voting system used in the precinct and one of the
33    marking devices  of  the  precinct  so  as  to  transfer  the
34    remaining  valid  votes of the voter on the paper absentee or
 
                            -27-               LRB9206300MWpc
 1    early ballot to an official ballot or a ballot card  of  that
 2    kind  used  in  the  precinct  at that election. The original
 3    paper absentee ballot  shall  be  clearly  labeled  "Absentee
 4    Ballot" or "Early Ballot", as the case may be, and the ballot
 5    card  so  produced "Duplicate Absentee Ballot," or "Duplicate
 6    Early Ballot", as the case may be, and each  shall  bear  the
 7    same  serial  number  which  shall  be  placed thereon by the
 8    judges of election, commencing with number 1  and  continuing
 9    consecutively  for the ballots of that kind in that precinct.
10    The judges of election shall initial the "Duplicate  Absentee
11    Ballot" and "Duplicate Early Ballot" ballots or ballot cards,
12    and  shall  place  them  in the box for return of the ballots
13    with all other ballots or ballot cards to be counted  at  the
14    central  counting  location in lieu of the paper absentee and
15    early ballots. The paper absentee and early ballots shall  be
16    placed  in  an  envelope  provided  for  that purpose labeled
17    "Duplicate Ballots."
18        When an electronic voting system is used which utilizes a
19    ballot card, before separating  the  remaining  ballot  cards
20    from  their  respective  covering  envelopes,  the  judges of
21    election shall examine the ballot card envelopes for write-in
22    votes. When the voter has voted a write-in vote,  the  judges
23    of election shall compare the write-in vote with the votes on
24    the ballot card to determine whether such write-in results in
25    an  overvote  for  any office. In case of an overvote for any
26    office, the judges of election, consisting in each case of at
27    least one  judge  of  election  of  each  of  the  two  major
28    political  parties, shall make a true duplicate ballot of all
29    votes on such ballot card except  for  the  office  which  is
30    overvoted,  by using the ballot label booklet of the precinct
31    and one of the marking devices  of  the  precinct  so  as  to
32    transfer  all  votes  of  the  voter  except  for  the office
33    overvoted, to an official ballot card of that  kind  used  in
34    the  precinct  at that election. The original ballot card and
 
                            -28-               LRB9206300MWpc
 1    envelope upon which there is an  overvote  shall  be  clearly
 2    labeled  "Overvoted  Ballot",  and  each  shall bear the same
 3    serial number which shall be placed thereon by the judges  of
 4    election,   commencing   with   number   1   and   continuing
 5    consecutively  for the ballots of that kind in that precinct.
 6    The judges of election shall initial the "Duplicate Overvoted
 7    Ballot" ballot cards and shall place  them  in  the  box  for
 8    return  of  the  ballots.  The "Overvoted Ballot" ballots and
 9    their envelopes shall be placed in  the  "Duplicate  Ballots"
10    envelope.  Envelopes  bearing  write-in  votes  marked in the
11    place designated therefor  and  bearing  the  initials  of  a
12    precinct  judge  of election and not resulting in an overvote
13    and otherwise complying with the election laws as to  marking
14    shall  be  counted,  tallied,  and  their votes recorded on a
15    tally sheet provided by the election official  in  charge  of
16    the  election.  The  ballot  cards  and ballot card envelopes
17    shall be separated and all except any defective or  overvoted
18    shall  be  placed  separately  in  the  box for return of the
19    ballots,    along    with     all     "Duplicate     Absentee
20    Ballots,","Duplicate Early Ballots", and "Duplicate Overvoted
21    Ballots."  The  judges  of election shall examine the ballots
22    and ballot cards to determine if any is damaged or  defective
23    so  that  it  cannot  be  counted by the automatic tabulating
24    equipment. If  any  ballot  or  ballot  card  is  damaged  or
25    defective  so  that  it  cannot  properly  be  counted by the
26    automatic  tabulating  equipment,  the  judges  of  election,
27    consisting in each case of at least one judge of election  of
28    each  of  the  two major political parties, shall make a true
29    duplicate ballot of all votes on such ballot  card  by  using
30    the  ballot  label  booklet  of  the  precinct and one of the
31    marking devices of  the  precinct.  The  original  ballot  or
32    ballot  card  and  envelope shall be clearly labeled "Damaged
33    Ballot" and the ballot or ballot card so produced  "Duplicate
34    Damaged  Ballot,"  and  each shall bear the same number which
 
                            -29-               LRB9206300MWpc
 1    shall be placed thereon by the judges of election, commencing
 2    with number 1 and continuing consecutively for the ballots of
 3    that kind in the  precinct.  The  judges  of  election  shall
 4    initial  the  "Duplicate  Damaged  Ballot"  ballot  or ballot
 5    cards, and shall place them in the  box  for  return  of  the
 6    ballots.  The  "Damaged  Ballot"  ballots or ballot cards and
 7    their envelopes shall be placed in the  "Duplicated  Ballots"
 8    envelope.  A  slip  indicating the number of voters voting in
 9    person, number of absentee votes deposited in the ballot box,
10    and the total number of voters of the precinct who  voted  at
11    the  election  shall  be  made  out,  signed by all judges of
12    election, and inserted in the box for return of the  ballots.
13    The tally sheets recording the write-in votes shall be placed
14    in  this  box.  The  judges of election thereupon immediately
15    shall securely lock the ballot  box  or  other  suitable  box
16    furnished  for return of the ballots by the election official
17    in charge of the election; provided that if such box  is  not
18    of  a  type  which  may be securely locked, such box shall be
19    sealed with filament tape provided  for  such  purpose  which
20    shall  be wrapped around the box lengthwise and crosswise, at
21    least twice each way.  A separate adhesive seal label  signed
22    by  each  of  the judges of election of the precinct shall be
23    affixed to the box so as to cover any  slot  therein  and  to
24    identify  the  box of the precinct; and if such box is sealed
25    with filament tape as provided  herein  rather  than  locked,
26    such tape shall be wrapped around the box as provided herein,
27    but  in  such  manner  that  the separate adhesive seal label
28    affixed to the box and  signed  by  the  judges  may  not  be
29    removed without breaking the filament tape and disturbing the
30    signature  of  the  judges.   Thereupon,  2  of the judges of
31    election, of different  major  political  parties,  forthwith
32    shall  by  the most direct route transport the box for return
33    of the ballots  and  enclosed  ballots  and  returns  to  the
34    central counting location designated by the election official
 
                            -30-               LRB9206300MWpc
 1    in  charge  of the election. If, however, because of the lack
 2    of  adequate  parking  facilities  at  the  central  counting
 3    location or  for  any  other  reason,  it  is  impossible  or
 4    impracticable for the boxes from all the polling places to be
 5    delivered  directly  to  the  central  counting location, the
 6    election official in charge of  the  election  may  designate
 7    some  other location to which the boxes shall be delivered by
 8    the 2 precinct judges. While at such other location the boxes
 9    shall be in the care and custody of one or more  teams,  each
10    consisting  of  4  persons,  2  from  each  of  the two major
11    political  parties,  designated  for  such  purpose  by   the
12    election official in charge of elections from recommendations
13    by  the appropriate political party organizations. As soon as
14    possible, the boxes shall  be  transported  from  such  other
15    location  to  the  central  counting  location by one or more
16    teams, each consisting of 4 persons, 2 from  each  of  the  2
17    major  political  parties, designated for such purpose by the
18    election official in charge of elections from recommendations
19    by the appropriate political party organizations.
20        The  "Defective  Ballots"   envelope,   and   "Duplicated
21    Ballots"  envelope each shall be securely sealed and the flap
22    or end thereof of each  signed  by  the  precinct  judges  of
23    election  and  returned to the central counting location with
24    the box for return  of  the  ballots,  enclosed  ballots  and
25    returns.
26        At  the central counting location, a team of tally judges
27    designated by the election official in charge of the election
28    shall check  the  box  returned  containing  the  ballots  to
29    determine that all seals are intact, and thereupon shall open
30    the  box,  check  the  voters' slip and compare the number of
31    ballots so delivered against the total number  of  voters  of
32    the  precinct  who  voted, remove the ballots or ballot cards
33    and deliver them to the technicians operating  the  automatic
34    tabulating  equipment.   Any discrepancies between the number
 
                            -31-               LRB9206300MWpc
 1    of ballots and total number of voters shall  be  noted  on  a
 2    sheet  furnished  for  that  purpose  and signed by the tally
 3    judges; or
 4        (c)  A single ballot box, for the deposit  of  all  votes
 5    cast,  shall  be  used.  Immediately after the closing of the
 6    polls the judges of election shall examine the  absentee  and
 7    early  ballots  received  by  the precinct judges of election
 8    from the election authority of voters  in  that  precinct  to
 9    determine  that  they  comply with the provisions of Sections
10    19-9, 19A-55,  20-8,  and  20-9  of  the  Election  Code,  as
11    amended,  and are entitled to be deposited in the ballot box;
12    those entitled to be deposited in the  ballot  box  shall  be
13    initialed  by the precinct judges and deposited in the ballot
14    box.  Those not entitled to be deposited in the  ballot  box,
15    in  accordance  with Sections 19-9, 19A-55, 20-8, and 20-9 of
16    the Election Code, as amended, shall be marked "Rejected" and
17    preserved in the manner provided in The Election Code for the
18    retention and preservation of official  ballots  rejected  at
19    such  election.   Immediately  upon  the  completion  of  the
20    absentee and early balloting, the precinct judges of election
21    shall securely lock the ballot box; provided that if such box
22    is not of a type which may be securely locked, such box shall
23    be  sealed with filament tape provided for such purpose which
24    shall be wrapped around the box lengthwise and crosswise,  at
25    least  twice  each way. A separate adhesive seal label signed
26    by each of the judges of election of the  precinct  shall  be
27    affixed  to  the  box  so as to cover any slot therein and to
28    identify the box of the precinct; and if such box  is  sealed
29    with  filament  tape  as  provided herein rather than locked,
30    such tape shall be wrapped around the box as provided herein,
31    but in such manner that  the  separate  adhesive  seal  label
32    affixed  to  the  box  and  signed  by  the judges may not be
33    removed without breaking the filament tape and disturbing the
34    signature of the judges.   Thereupon,  2  of  the  judges  of
 
                            -32-               LRB9206300MWpc
 1    election,   of   different  major  political  parties,  shall
 2    forthwith by the most direct  route  transport  the  box  for
 3    return of the ballots and enclosed absentee and early ballots
 4    and  returns  to  the central counting location designated by
 5    the election official in charge of the election.  If however,
 6    because of the lack of adequate  parking  facilities  at  the
 7    central  counting  location  or  for some other reason, it is
 8    impossible or  impracticable  for  the  boxes  from  all  the
 9    polling  places  to  be  delivered  directly  to  the central
10    counting location, the election official  in  charge  of  the
11    election may designate some other location to which the boxes
12    shall  be  delivered by the 2 precinct judges.  While at such
13    other location the boxes shall be in the care and custody  of
14    one  or more teams, each consisting of 4 persons, 2 from each
15    of the two  major  political  parties,  designated  for  such
16    purpose  by the election official in charge of elections from
17    recommendations   by   the   appropriate   political    party
18    organizations.    As  soon  as  possible,  the boxes shall be
19    transported from such other location to the central  counting
20    location  by one or more teams, each consisting of 4 persons,
21    2 from each of the 2 major political parties, designated  for
22    such  purpose  by  the  election  official  in  charge of the
23    election from recommendations by  the  appropriate  political
24    party organizations.
25        At  the  central  counting location there shall be one or
26    more  teams  of   tally   judges   who   possess   the   same
27    qualifications  as  tally  judges  in  election jurisdictions
28    using paper ballots.  The  number  of  such  teams  shall  be
29    determined  by  the  election  authority.   Each  team  shall
30    consist  of  5  tally  judges, 3 selected and approved by the
31    county board from a certified list furnished by the  chairman
32    of  the  county  central  committee  of  the  party  with the
33    majority of members on the county board and  2  selected  and
34    approved  by the county board from a certified list furnished
 
                            -33-               LRB9206300MWpc
 1    by the chairman of the county central committee of the  party
 2    with  the  second  largest  number  of  members on the county
 3    board.  At the central counting  location  a  team  of  tally
 4    judges shall open the ballot box and canvass the votes polled
 5    to  determine  that the number of ballot sheets therein agree
 6    with the number of voters voting as shown by the applications
 7    for ballot and for absentee and early  ballot;  and,  if  the
 8    same  do  not agree, the tally judges shall make such ballots
 9    agree with the number  of  applications  for  ballot  in  the
10    manner  provided  by Section 17-18 of the Election Code.  The
11    tally judges shall then examine all ballot sheets  which  are
12    in the ballot box to determine whether they bear the initials
13    of  the  precinct  judge  of  election.  If any ballot is not
14    initialed, it  shall  be  marked  on  the  back  "Defective",
15    initialed  as  to  such label by all tally judges immediately
16    under such word "Defective", and not counted, but  placed  in
17    the  envelope  provided  for  that purpose labeled "Defective
18    Ballots Envelope".  Write-in votes, not causing  an  overvote
19    for  an  office otherwise voted for on the absentee and early
20    ballot sheet, and otherwise properly voted, shall be counted,
21    tallied and recorded by the central counting location  judges
22    on the tally sheet provided for such record.  A write-in vote
23    causing  an  overvote  for an office shall not be counted for
24    that office, but the tally judges shall  mark  such  absentee
25    ballot  sheet  "Objected To" on the back thereof and write on
26    its back the manner in  which  such  ballot  is  counted  and
27    initial   the   same.   An  overvote  for  one  office  shall
28    invalidate only the vote or count of that particular office.
29        At the central counting location, a team of tally  judges
30    designated by the election official in charge of the election
31    shall  deliver the ballot sheets to the technicians operating
32    the  automatic  tabulating  equipment.    Any   discrepancies
33    between  the  number  of  ballots  and total number of voters
34    shall be noted on a sheet  furnished  for  that  purpose  and
 
                            -34-               LRB9206300MWpc
 1    signed by the tally judges.
 2        (2)  Regardless   of   which   procedure   described   in
 3    subsection  (1)  of  this  Section  is  used,  the  judges of
 4    election designated to transport the ballots, properly signed
 5    and sealed as provided herein, shall ensure that the  ballots
 6    are  delivered  to the central counting station no later than
 7    12 hours after the polls close.    At  the  central  counting
 8    station  a  team  of  tally judges designated by the election
 9    official in charge of the election shall examine the  ballots
10    so  transported  and  shall not accept ballots for tabulating
11    which are not signed and sealed as provided in subsection (1)
12    of this Section until the judges transporting the  same  make
13    and  sign  the necessary corrections.  Upon acceptance of the
14    ballots by a team of tally judges  at  the  central  counting
15    station, the election judges transporting the same shall take
16    a  receipt  signed  by the election official in charge of the
17    election and stamped with the date and  time  of  acceptance.
18    The election judges whose duty it is to transport any ballots
19    shall, in the event such ballots cannot be found when needed,
20    on proper request, produce the receipt which they are to take
21    as above provided.
22    (Source: P.A. 83-1362.)

23        (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
24        Sec.  24A-15.1.  Except  as  herein  provided,  discovery
25    recounts   and   election  contests  shall  be  conducted  as
26    otherwise provided for in "The Election  Code",  as  amended.
27    The  automatic  tabulating equipment shall be tested prior to
28    the discovery recount or  election  contest  as  provided  in
29    Section  24A-9, and then the official ballots or ballot cards
30    shall be recounted on the automatic tabulating equipment.  In
31    addition, (1) the ballot or ballot cards shall be checked for
32    the  presence  or  absence  of  judges'  initials  and  other
33    distinguishing  marks, and (2) the ballots marked "Rejected",
 
                            -35-               LRB9206300MWpc
 1    "Defective", Objected to", and "Absentee Ballot", and  "Early
 2    Ballot"  shall  be examined to determine the propriety of the
 3    such  labels,  and  (3)  the  "Duplicate  Absentee  Ballots",
 4    "Duplicate Early Ballots", "Duplicate Overvoted Ballots"  and
 5    "Duplicate  Damaged  Ballots"  shall  be  compared with their
 6    respective originals to  determine  the  correctness  of  the
 7    duplicates.
 8        Any person who has filed a petition for discovery recount
 9    may  request  that  a  redundant  count be conducted in those
10    precincts in which the discovery recount is being  conducted.
11    The additional costs of such a redundant count shall be borne
12    by the requesting party.
13        The  log  of  the  computer  operator  and  all materials
14    retained by  the  election  authority  in  relation  to  vote
15    tabulation  and  canvass  shall  be  made  available  for any
16    discovery recount or election contest.
17    (Source: P.A. 82-1014.)

18        (10 ILCS 5/24B-10)
19        Sec. 24B-10.  Receiving, Counting, Tallying and Return of
20    Ballots; Acceptance of Ballots by Election Authority.
21        (a)  In an election jurisdiction  which  has  adopted  an
22    electronic Precinct Tabulation Optical Scan Technology voting
23    system, the election official in charge of the election shall
24    select  one  of  the  3  following  procedures for receiving,
25    counting, tallying, and return of the ballots:
26             (1)  Two ballot boxes shall  be  provided  for  each
27        polling   place.    The  first  ballot  box  is  for  the
28        depositing of votes cast on the electronic voting system;
29        and the second ballot box is for all votes cast on  other
30        ballots, including absentee paper and early paper ballots
31        and  any  other  paper ballots required to be voted other
32        than on the Precinct Tabulation Optical  Scan  Technology
33        electronic  voting  system.  Ballots, except absentee and
 
                            -36-               LRB9206300MWpc
 1        early ballots for candidates and propositions  which  are
 2        listed on the Precinct Tabulation Optical Scan Technology
 3        electronic  voting system, deposited in the second ballot
 4        box  shall  be  counted,  tallied,  and  returned  as  is
 5        elsewhere provided in this  Code  for  the  counting  and
 6        handling of paper ballots.  Immediately after the closing
 7        of  the polls the absentee and early ballots delivered to
 8        the precinct judges of election by the election  official
 9        in  charge of the election shall be examined to determine
10        that the ballots comply with Sections 19-9,  19A-55,  and
11        20-9  of  this  Code and are entitled to be inserted into
12        the counting equipment and deposited into the ballot  box
13        provided;  those  entitled to be deposited in this ballot
14        box shall be initialed by the precinct judges of election
15        and deposited. Those not entitled to be deposited in this
16        ballot box shall be marked "Rejected" and disposed of  as
17        provided   in  Sections  19-9,  19A-55,  and  20-9.   The
18        precinct judges of election shall then  open  the  second
19        ballot  box  and  examine  all  paper  absentee and early
20        ballots which are in the ballot box to determine  whether
21        the  absentee  or  early  ballots  bear the initials of a
22        precinct judge of election.  If  any  absentee  or  early
23        ballot  is  not  so  initialed, it shall be marked on the
24        back "Defective", initialed as to the label by all judges
25        immediately under the word "Defective", and not  counted,
26        but  placed  in  the  envelope  provided for that purpose
27        labeled "Defective  Ballots  Envelope".   The  judges  of
28        election,  consisting  in each case of at least one judge
29        of election of each of the  2  major  political  parties,
30        shall  examine the paper absentee and early ballots which
31        were  in  such  ballot  box  and  properly  initialed  to
32        determine  whether  the  same  contain  write-in   votes.
33        Write-in  votes,  not  causing  an overvote for an office
34        otherwise voted  for  on  the  paper  absentee  or  early
 
                            -37-               LRB9206300MWpc
 1        ballot,  and  otherwise properly voted, shall be counted,
 2        tallied and recorded on the tally sheet provided for  the
 3        record.   A  write-in  vote  causing  an  overvote for an
 4        office shall not be counted  for  that  office,  but  the
 5        precinct  judges  shall mark such paper absentee or early
 6        ballot "Objected To" on the back and write  on  its  back
 7        the manner in which the ballot is counted and initial the
 8        same.   An  overvote for one office shall invalidate only
 9        the vote or  count  of  that  particular  office.   After
10        counting,  tallying  and  recording the write-in votes on
11        absentee and  early  ballots,  the  judges  of  election,
12        consisting in each case of at least one judge of election
13        of  each  of  the 2 major political parties, shall make a
14        true duplicate ballot of the  remaining  valid  votes  on
15        each  paper  absentee  and  early ballot which was in the
16        ballot  box  and  properly  initialed,   by   using   the
17        electronic  Precinct  Tabulation  Optical Scan Technology
18        voting system used in the precinct and one of the marking
19        devices of the precinct to transfer the  remaining  valid
20        votes  of the voter on the paper absentee or early ballot
21        to an official ballot or a ballot card of that kind  used
22        in  the  precinct  at  that election.  The original paper
23        absentee  ballot  shall  be  clearly  labeled   "Absentee
24        Ballot"  or  "Early  Ballot", as the case may be, and the
25        ballot card so produced "Duplicate  Absentee  Ballot"  or
26        "Duplicate  Early  Ballot",  as the case may be, and each
27        shall bear the same serial number which shall  be  placed
28        thereon  by the judges of election, beginning with number
29        1 and continuing consecutively for the  ballots  of  that
30        kind  in  that  precinct.   The  judges of election shall
31        initial the "Duplicate Absentee  Ballot"  and  "Duplicate
32        Early  Ballot"  ballots and shall place them in the first
33        ballot box provided for  return  of  the  ballots  to  be
34        counted  at  the central counting location in lieu of the
 
                            -38-               LRB9206300MWpc
 1        paper absentee and early ballots.  The paper absentee and
 2        early ballots shall be placed in an envelope provided for
 3        that purpose labeled "Duplicate Ballots".
 4             As soon as the absentee and early ballots have  been
 5        deposited in the first ballot box, the judges of election
 6        shall  make  out  a slip indicating the number of persons
 7        who voted in the precinct  at  the  election.   The  slip
 8        shall  be  signed by all the judges of election and shall
 9        be inserted by them in the first ballot box.  The  judges
10        of  election  shall  thereupon immediately lock the first
11        ballot box; provided, that if the box is not  of  a  type
12        which  may  be  securely  locked, the box shall be sealed
13        with filament tape provided for the purpose that shall be
14        wrapped around the box lengthwise and crosswise, at least
15        twice each way, and in a manner that the seal  completely
16        covers the slot in the ballot box, and each of the judges
17        shall  sign  the seal.  Two of the judges of election, of
18        different political parties, shall  by  the  most  direct
19        route   transport  both  ballot  boxes  to  the  counting
20        location designated by  the  county  clerk  or  board  of
21        election commissioners.
22             Before  the  ballots  of  a  precinct are fed to the
23        electronic Precinct Tabulation  Optical  Scan  Technology
24        tabulating  equipment,  the  first  ballot  box  shall be
25        opened at the central counting station by the 2  precinct
26        transport  judges.   Upon  opening a ballot box, the team
27        shall first count the number of ballots in the box.  If 2
28        or more are folded together to appear to have  been  cast
29        by  the  same  person, all of the ballots folded together
30        shall be marked and returned with the  other  ballots  in
31        the same condition, as near as may be, in which they were
32        found  when  first  opened, but shall not be counted.  If
33        the remaining ballots are found to exceed the  number  of
34        persons  voting  in  the  precinct  as  shown by the slip
 
                            -39-               LRB9206300MWpc
 1        signed by the judges of election, the  ballots  shall  be
 2        replaced  in  the box, and the box closed and well shaken
 3        and again opened and one of the precinct transport judges
 4        shall publicly draw out so many ballots unopened  as  are
 5        equal to the excess.
 6             The  excess  ballots  shall  be  marked  "Excess-Not
 7        Counted"  and  signed  by the 2 precinct transport judges
 8        and shall be placed in the  "After  7:00  p.m.  Defective
 9        Ballots Envelope".  The number of excess ballots shall be
10        noted  in  the  remarks  section  of  the  Certificate of
11        Results.  "Excess" ballots shall not be  counted  in  the
12        total of "defective" ballots.
13             The precinct transport judges shall then examine the
14        remaining  ballots for write-in votes and shall count and
15        tabulate the write-in vote.
16             (2)  A single ballot box, for  the  deposit  of  all
17        votes  cast, shall be used.  All ballots which are not to
18        be tabulated on the electronic  voting  system  shall  be
19        counted,  tallied,  and returned as elsewhere provided in
20        this Code for the counting and handling of paper ballots.
21             All ballots to be processed and tabulated  with  the
22        electronic  Precinct  Tabulation  Optical Scan Technology
23        voting system shall be processed as follows:
24             Immediately after  the  closing  of  the  polls  the
25        absentee  and  early  ballots  delivered  to the precinct
26        judges of election by the election official in charge  of
27        the  election  shall  be  examined to determine that such
28        ballots comply with Sections 19-9, 19A-55,  and  20-9  of
29        this  Code and are entitled to be deposited in the ballot
30        box; those entitled to be deposited  in  the  ballot  box
31        shall be initialed by the precinct judges of election and
32        deposited  in  the  ballot box.  Those not entitled to be
33        deposited in the ballot box shall  be  marked  "Rejected"
34        and disposed of as provided in Sections 19-9, 19A-55, and
 
                            -40-               LRB9206300MWpc
 1        20-9.   The  precinct  judges of election then shall open
 2        the ballot box and canvass the votes polled to  determine
 3        that  the  number  of  ballots  agree  with the number of
 4        voters voting as shown by the applications for ballot, or
 5        if the same do not agree the  judges  of  election  shall
 6        make  such ballots agree with the applications for ballot
 7        in the manner provided by Section  17-18  of  this  Code.
 8        The  judges  of  election  shall  then  examine all paper
 9        absentee and early ballots and ballot envelopes which are
10        in the ballot box to determine whether  the  ballots  and
11        ballot envelopes bear the initials of a precinct judge of
12        election.   If  any  ballot  or  ballot   envelope is not
13        initialed, it shall be marked on  the  back  "Defective",
14        initialed as to the label by all judges immediately under
15        the  word "Defective", and not counted, but placed in the
16        envelope provided for  that  purpose  labeled  "Defective
17        Ballots Envelope".  The judges of election, consisting in
18        each  case  of  at least one judge of election of each of
19        the 2 major political parties, shall  examine  the  paper
20        absentee  and  early ballots which were in the ballot box
21        and properly initialed  to  determine  whether  the  same
22        contain  write-in  votes.  Write-in votes, not causing an
23        overvote for an office otherwise voted for on  the  paper
24        absentee  or  early ballot, and otherwise properly voted,
25        shall be counted, tallied and recorded on the tally sheet
26        provided for the record.   A  write-in  vote  causing  an
27        overvote  for  an  office  shall  not be counted for that
28        office, but the precinct  judges  shall  mark  the  paper
29        absentee  or  early  ballot "Objected To" on the back and
30        write on its back the manner the ballot  is  counted  and
31        initial  the  same.   An  overvote  for  one office shall
32        invalidate only the vote  or  count  of  that  particular
33        office.   After  counting,  tallying  and  recording  the
34        write-in  votes on absentee and early ballots, the judges
 
                            -41-               LRB9206300MWpc
 1        of election, consisting in each  case  of  at  least  one
 2        judge  of  election  of  each  of  the  2 major political
 3        parties, shall  make  a  true  duplicate  ballot  of  the
 4        remaining  valid  votes  on each paper absentee and early
 5        ballot  which  was  in  the  ballot  box   and   properly
 6        initialed,  by using the electronic voting system used in
 7        the precinct and  one  of  the  marking  devices  of  the
 8        precinct  to  transfer  the  remaining valid votes of the
 9        voter on  the  paper  absentee  or  early  ballot  to  an
10        official  ballot   of  that  kind used in the precinct at
11        that election.  The  original  paper  absentee  or  early
12        ballot  shall  be  clearly  labeled  "Absentee Ballot" or
13        "Early Ballot", as the case may be,  and  the  ballot  so
14        produced  "Duplicate Absentee Ballot" or "Duplicate Early
15        Ballot", as the case may be, and each shall bear the same
16        serial number which shall be placed thereon by the judges
17        of election, commencing  with  number  1  and  continuing
18        consecutively  for  the  ballots  of  that  kind  in that
19        precinct.  The  judges  of  election  shall  initial  the
20        "Duplicate  Absentee Ballot" and "Duplicate Early Ballot"
21        ballots and shall place them in the box for return of the
22        ballots with all other  ballots  to  be  counted  at  the
23        central  counting  location in lieu of the paper absentee
24        and early ballots.  The paper absentee ballots  shall  be
25        placed  in  an envelope provided for that purpose labeled
26        "Duplicate Ballots".
27             In case of an overvote for any office, the judges of
28        election, consisting in each case of at least  one  judge
29        of  election  of  each  of the 2 major political parties,
30        shall make a true duplicate ballot of all  votes  on  the
31        ballot except for the office which is overvoted, by using
32        the ballot of the precinct and one of the marking devices
33        of the precinct to transfer all votes of the voter except
34        for  the  office overvoted, to an official ballot of that
 
                            -42-               LRB9206300MWpc
 1        kind used in the precinct at that election.  The original
 2        ballot upon which there is an overvote shall  be  clearly
 3        labeled  "Overvoted Ballot", and each shall bear the same
 4        serial number which shall be placed thereon by the judges
 5        of election,  beginning  with  number  1  and  continuing
 6        consecutively  for  the  ballots  of  that  kind  in that
 7        precinct.  The  judges  of  election  shall  initial  the
 8        "Duplicate Overvoted Ballot" ballots and shall place them
 9        in  the  box  for  return of the ballots.  The "Overvoted
10        Ballot"  ballots  shall  be  placed  in  the   "Duplicate
11        Ballots"  envelope.   The ballots except any defective or
12        overvoted ballot shall be placed separately  in  the  box
13        for  return  of  the  ballots,  along with all "Duplicate
14        Absentee  Ballots",  "Duplicate   Early   Ballots",   and
15        "Duplicate  Overvoted  Ballots".   The judges of election
16        shall examine the ballots to determine if any is  damaged
17        or  defective  so  that  it  cannot  be  counted  by  the
18        automatic tabulating equipment.  If any ballot is damaged
19        or defective so that it cannot properly be counted by the
20        automatic  tabulating  equipment, the judges of election,
21        consisting in each case of at least one judge of election
22        of each of the 2 major political parties,  shall  make  a
23        true  duplicate  ballot  of  all  votes on such ballot by
24        using the ballot of the precinct and one of  the  marking
25        devices  of the precinct.  The original ballot and ballot
26        envelope shall be clearly labeled  "Damaged  Ballot"  and
27        the  ballot  so  produced "Duplicate Damaged Ballot", and
28        each shall bear the same number  which  shall  be  placed
29        thereon by the judges of election, commencing with number
30        1  and  continuing  consecutively for the ballots of that
31        kind in the  precinct.   The  judges  of  election  shall
32        initial  the "Duplicate Damaged Ballot" ballot  and shall
33        place them in the box for return of  the  ballots.    The
34        "Damaged   Ballot"  ballots    shall  be  placed  in  the
 
                            -43-               LRB9206300MWpc
 1        "Duplicated Ballots" envelope.   A  slip  indicating  the
 2        number of voters voting in person, number of absentee and
 3        early  votes  deposited  in the ballot box, and the total
 4        number of  voters  of  the  precinct  who  voted  at  the
 5        election  shall  be  made  out,  signed  by all judges of
 6        election, and inserted in  the  box  for  return  of  the
 7        ballots.   The  tally sheets recording the write-in votes
 8        shall be placed in this  box.   The  judges  of  election
 9        immediately  shall  securely lock the ballot box or other
10        suitable box furnished for return of the ballots  by  the
11        election  official  in  charge  of the election; provided
12        that if the box is not of a type which  may  be  securely
13        locked,  the  box  shall  be  sealed  with  filament tape
14        provided for the purpose which shall  be  wrapped  around
15        the  box  lengthwise  and  crosswise, at least twice each
16        way.  A separate adhesive seal label signed  by  each  of
17        the  judges  of election of the precinct shall be affixed
18        to the box to cover any slot therein and to identify  the
19        box  of  the  precinct;  and  if  the  box is sealed with
20        filament tape as provided rather than locked,  such  tape
21        shall  be wrapped around the box as provided, but in such
22        manner that the separate adhesive seal label  affixed  to
23        the  box  and  signed  by  the  judges may not be removed
24        without breaking the filament  tape  and  disturbing  the
25        signature  of the judges.  Two of the judges of election,
26        of different major political parties, shall by  the  most
27        direct  route transport the box for return of the ballots
28        and enclosed ballots and returns to the central  counting
29        location designated by the election official in charge of
30        the  election.   If,  however,  because  of  the  lack of
31        adequate  parking  facilities  at  the  central  counting
32        location or for any other reason,  it  is  impossible  or
33        impracticable  for  the boxes from all the polling places
34        to  be  delivered  directly  to  the   central   counting
 
                            -44-               LRB9206300MWpc
 1        location, the election official in charge of the election
 2        may  designate  some  other  location  to which the boxes
 3        shall be delivered by the 2 precinct  judges.   While  at
 4        the  other  location  the  boxes shall be in the care and
 5        custody of one  or  more  teams,  each  consisting  of  4
 6        persons,  2  from  each of the 2 major political parties,
 7        designated for such purpose by the election  official  in
 8        charge   of   elections   from   recommendations  by  the
 9        appropriate political party organizations.   As  soon  as
10        possible,  the  boxes shall be transported from the other
11        location to the central counting location by one or  more
12        teams, each consisting of 4 persons, 2 from each of the 2
13        major  political  parties,  designated for the purpose by
14        the  election  official  in  charge  of  elections   from
15        recommendations   by   the  appropriate  political  party
16        organizations.
17             The "Defective Ballots"  envelope,  and  "Duplicated
18        Ballots"  envelope  each shall be securely sealed and the
19        flap or end of  each  envelope  signed  by  the  precinct
20        judges  of  election and returned to the central counting
21        location with the box for return of the ballots, enclosed
22        ballots and returns.
23             At the central counting location, a  team  of  tally
24        judges  designated  by the election official in charge of
25        the election shall check the box returned containing  the
26        ballots to determine that all seals are intact, and shall
27        open  the  box,  check  the  voters' slip and compare the
28        number of ballots so delivered against the  total  number
29        of  voters  of the precinct who voted, remove the ballots
30        and  deliver  them  to  the  technicians  operating   the
31        automatic   tabulating   equipment.    Any  discrepancies
32        between the number of ballots and total number of  voters
33        shall  be noted on a sheet furnished for that purpose and
34        signed by the tally judges.
 
                            -45-               LRB9206300MWpc
 1             (3)  A single ballot box, for  the  deposit  of  all
 2        votes cast, shall be used.  Immediately after the closing
 3        of  the  polls  the  judges of election shall examine the
 4        absentee and  early  ballots  received  by  the  precinct
 5        judges  of election from the election authority of voters
 6        in that precinct to determine that they comply  with  the
 7        provisions  of  Sections  19-9, 19A-55, 20-8, and 20-9 of
 8        this Code and are entitled to be deposited in the  ballot
 9        box;  those  entitled  to  be deposited in the ballot box
10        shall be initialed by the precinct judges  and  deposited
11        in the ballot box.  Those not entitled to be deposited in
12        the ballot box, in accordance with Sections 19-9, 19A-55,
13        20-8,  and  20-9 of this Code  shall be marked "Rejected"
14        and preserved in the manner provided in this Code for the
15        retention and preservation of official  ballots  rejected
16        at such election.  Immediately upon the completion of the
17        absentee  and  early  balloting,  the  precinct judges of
18        election shall securely lock  the  ballot  box;  provided
19        that  if  such box is not of a type which may be securely
20        locked, the  box  shall  be  sealed  with  filament  tape
21        provided  for  the  purpose which shall be wrapped around
22        the box lengthwise and crosswise,  at  least  twice  each
23        way.   A  separate  adhesive seal label signed by each of
24        the judges of election of the precinct shall  be  affixed
25        to  the box to cover any slot therein and to identify the
26        box of the precinct;  and  if  the  box  is  sealed  with
27        filament  tape  as provided rather than locked, such tape
28        shall be wrapped around the box as  provided,  but  in  a
29        manner  that  the separate adhesive seal label affixed to
30        the box and signed by  the  judges  may  not  be  removed
31        without  breaking  the  filament  tape and disturbing the
32        signature of the judges.  Two of the judges of  election,
33        of  different  major political parties, shall by the most
34        direct route transport the box for return of the  ballots
 
                            -46-               LRB9206300MWpc
 1        and  enclosed  absentee  and early ballots and returns to
 2        the central counting location designated by the  election
 3        official  in charge of the election.  If however, because
 4        of the lack of adequate parking facilities at the central
 5        counting  location  or  for  some  other  reason,  it  is
 6        impossible or impracticable for the boxes  from  all  the
 7        polling  places  to  be delivered directly to the central
 8        counting location, the election official in charge of the
 9        election may designate some other location to  which  the
10        boxes shall be delivered by the 2 precinct judges.  While
11        at  the other location the boxes shall be in the care and
12        custody of one  or  more  teams,  each  consisting  of  4
13        persons,  2  from  each of the 2 major political parties,
14        designated for the purpose by the  election  official  in
15        charge   of   elections   from   recommendations  by  the
16        appropriate political party organizations.   As  soon  as
17        possible,  the  boxes shall be transported from the other
18        location to the central counting location by one or  more
19        teams, each consisting of 4 persons, 2 from each of the 2
20        major  political  parties,  designated for the purpose by
21        the election official in  charge  of  the  election  from
22        recommendations   by   the  appropriate  political  party
23        organizations.
24             At the central counting location there shall be  one
25        or  more  teams  of  tally  judges  who  possess the same
26        qualifications as tally judges in election  jurisdictions
27        using  paper  ballots.   The number of the teams shall be
28        determined by the election authority.   Each  team  shall
29        consist of 5 tally judges, 3 selected and approved by the
30        county  board  from  a  certified  list  furnished by the
31        chairman of the county central  committee  of  the  party
32        with  the  majority  of members on the county board and 2
33        selected  and  approved  by  the  county  board  from   a
34        certified  list  furnished  by the chairman of the county
 
                            -47-               LRB9206300MWpc
 1        central committee of the party with  the  second  largest
 2        number  of  members  on the county board.  At the central
 3        counting location  a team of tally judges shall open  the
 4        ballot box and canvass the votes polled to determine that
 5        the number of ballot sheets therein agree with the number
 6        of  voters voting as shown by the applications for ballot
 7        and for absentee and early ballot; and, if  the  same  do
 8        not agree, the tally judges shall make such ballots agree
 9        with  the number of applications for ballot in the manner
10        provided by Section 17-18 of this Code.  The tally judges
11        shall then examine all ballot  sheets  that  are  in  the
12        ballot box to determine whether they bear the initials of
13        the  precinct  judge  of  election.  If any ballot is not
14        initialed, it shall be marked on  the  back  "Defective",
15        initialed   as   to   that  label  by  all  tally  judges
16        immediately under the word "Defective", and not  counted,
17        but  placed  in  the  envelope  provided for that purpose
18        labeled "Defective Ballots  Envelope".   Write-in  votes,
19        not causing an overvote for an office otherwise voted for
20        on  the  absentee  or  early  ballot sheet, and otherwise
21        properly voted, shall be counted, tallied,  and  recorded
22        by  the  central  counting  location  judges on the tally
23        sheet provided for the record.  A write-in  vote  causing
24        an  overvote  for an office shall not be counted for that
25        office, but the tally judges shall mark the  absentee  or
26        early  ballot sheet "Objected To" and write the manner in
27        which the ballot is counted on its back and  initial  the
28        sheet.   An overvote for one office shall invalidate only
29        the vote or count for that particular office.
30             At the central counting location, a  team  of  tally
31        judges  designated  by the election official in charge of
32        the election shall  deliver  the  ballot  sheets  to  the
33        technicians  operating  the automatic Precinct Tabulation
34        Optical  Scan  Technology  tabulating   equipment.    Any
 
                            -48-               LRB9206300MWpc
 1        discrepancies  between  the  number  of ballots and total
 2        number of voters shall be noted on a sheet furnished  for
 3        that purpose and signed by the tally judges.
 4        (b)  Regardless   of   which   procedure   described   in
 5    subsection  (a)  of  this  Section  is  used,  the  judges of
 6    election designated to transport the ballots properly  signed
 7    and  sealed,  shall  ensure that the ballots are delivered to
 8    the central counting station no later than 12 hours after the
 9    polls close.  At the central  counting  station,  a  team  of
10    tally judges designated by the election official in charge of
11    the  election  shall  examine  the ballots so transported and
12    shall not accept ballots for tabulating which are not  signed
13    and  sealed  as  provided  in  subsection (a) of this Section
14    until the judges transporting the ballots make and  sign  the
15    necessary  corrections.   Upon acceptance of the ballots by a
16    team of tally judges at the  central  counting  station,  the
17    election judges transporting the ballots shall take a receipt
18    signed by the election official in charge of the election and
19    stamped  with  the date and time of acceptance.  The election
20    judges whose duty it is to transport any  ballots  shall,  in
21    the  event the ballots cannot be found when needed, on proper
22    request, produce the receipt which they are to take as  above
23    provided.
24    (Source: P.A. 89-394, eff. 1-1-97.)

25        (10 ILCS 5/24B-15.1)
26        Sec.   24B-15.1.    Discovery,   Recounts   and  Election
27    Contests.    Except  as  provided,  discovery  recounts   and
28    election  contests  shall  be conducted as otherwise provided
29    for in  this Code.  The automatic Precinct Tabulation Optical
30    Scan Technology tabulating equipment shall be tested prior to
31    the discovery recount or  election  contest  as  provided  in
32    Section  24B-9,  and  then  the  official  ballots  shall  be
33    recounted   on   the   automatic  tabulating  equipment.   In
 
                            -49-               LRB9206300MWpc
 1    addition, (a) the ballots shall be checked for  the  presence
 2    or  absence  of  judges'  initials  and  other distinguishing
 3    marks, and (b) the ballots  marked  "Rejected",  "Defective",
 4    "Objected To", "Early Ballot", and "Absentee Ballot" shall be
 5    examined  to  determine  the propriety of the labels, and (c)
 6    the "Duplicate Absentee Ballots", "Duplicate Early  Ballots",
 7    "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots"
 8    shall   be   compared  with  their  respective  originals  to
 9    determine the correctness of the duplicates.
10        Any person who has filed a petition for discovery recount
11    may request that a redundant  count  be  conducted  in  those
12    precincts  in which the discovery recount is being conducted.
13    The additional costs of a redundant count shall be  borne  by
14    the requesting party.
15        The  log  of  the  computer  operator  and  all materials
16    retained by  the  election  authority  in  relation  to  vote
17    tabulation  and  canvass  shall  be  made  available  for any
18    discovery recount or election contest.
19    (Source: P.A. 89-394, eff. 1-1-97.)

20        Section 90.  The State Mandates Act is amended by  adding
21    Section 8.25 as follows:

22        (30 ILCS 805/8.25 new)
23        Sec.  8.25.  Exempt  mandate.  Notwithstanding Sections 6
24    and 8 of this Act, no reimbursement by the State is  required
25    for  the  implementation  of  any  mandate  created  by  this
26    amendatory Act of the 92nd General Assembly.

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