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92_HB3124
LRB9205957JMmb
1 AN ACT to amend the Election Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55,
6 7-66, 11-7, 15-6, 16-3, 16-6, 16-6.1, 16-7, 16-11, 17-9,
7 17-11, 17-17, 17-18, 17-20, 17-22, 17-43, 18-5, 18-8, 18-9,
8 18-10, 18-11, 18-13, 18-14, 18-16, 18-40, 19-15, 20-15, and
9 24-1 and adding Sections 24-1.12, 24-2.5, 24-2.10, 24-2.15,
10 24-2.20, 24-2.25, 24-2.30, 24-2.35, 24-2.40, 24-2.45,
11 24-2.50, and 24-2.55 as follows:
12 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
13 Sec. 7-19. The primary ballot of each political party for
14 each precinct shall be arranged and printed substantially in
15 the manner following:
16 1. Designating words. At the top of the ballot shall be
17 printed in large capital letters, words designating the
18 ballot, if a Republican ballot, the designating words shall
19 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the
20 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and
21 in like manner for each political party.
22 2. Order of Names, Directions to Voters, etc. Beginning
23 not less than one inch below designating words, the name of
24 each office to be filled shall be printed in capital letters.
25 Such names may be printed on the ballot either in a single
26 column or in 2 or more columns and in the following order,
27 to-wit:
28 President of the United States, State offices,
29 congressional offices, delegates and alternate delegates to
30 be elected from the State at large to National nominating
31 conventions, delegates and alternate delegates to be elected
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1 from congressional districts to National nominating
2 conventions, member or members of the State central
3 committee, trustees of sanitary districts, county offices,
4 judicial officers, city, village and incorporated town
5 offices, town offices, or of such of the said offices as
6 candidates are to be nominated for at such primary, and
7 precinct, township or ward committeemen. If two or more
8 columns are used, the foregoing offices to and including
9 member of the State central committee shall be listed in the
10 left-hand column and Senatorial offices, as defined in
11 Section 8-3, shall be the first offices listed in the second
12 column.
13 Below the name of each office shall be printed in small
14 letters the directions to voters: "Vote for one"; "Vote for
15 two"; "Vote for three"; or a spelled number designating how
16 many persons under that head are to be voted for.
17 Next to the name of each candidate for delegate or
18 alternate delegate to a national nominating convention shall
19 appear either (a) the name of the candidate's preference for
20 President of the United States or the word "uncommitted" or
21 (b) no official designation, depending upon the action taken
22 by the State central committee pursuant to Section 7-10.3 of
23 this Act.
24 Below the name of each office shall be printed in capital
25 letters the names of all candidates, arranged in the order in
26 which their petitions for nominations were filed, except as
27 otherwise provided in Sections 7-14 and 7-17 of this Article.
28 Opposite and in front of the name of each candidate shall be
29 printed a square and all squares upon the primary ballot
30 shall be of uniform size. Spaces between the names of
31 candidates under each office shall be uniform and sufficient
32 spaces shall separate the names of candidates for one office
33 from the names of candidates for another office, to avoid
34 confusion and to permit the writing in of the names of other
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1 candidates.
2 Where voting machines or electronic voting systems are
3 used, the provisions of this Section may be modified as
4 required or authorized by Article 24 or Article 24A,
5 whichever is applicable.
6 (Source: P.A. 83-33.)
7 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
8 Sec. 7-46. On receiving from the primary judges a primary
9 ballot of his party, the primary elector shall forthwith and
10 without leaving the polling place, retire alone to one of the
11 voting booths and prepare such primary ballot by marking a
12 cross (X) in the square in front of and opposite the name of
13 each candidate of his choice for each office to be filled,
14 and for delegates and alternate delegates to national
15 nominating conventions, and for committeemen, if committeemen
16 are being elected at such primary.
17 Any primary elector may, instead of voting for any
18 candidate for nomination or for committeeman or for delegate
19 or alternate delegate to national nominating conventions,
20 whose name is printed on the primary ballot, write in the
21 name of any other person affiliated with such party as a
22 candidate for the nomination for any office, or for
23 committeeman, or for delegates or alternate delegates to
24 national nominating conventions, and indicate his choice of
25 such candidate or committeeman or delegate or alternate
26 delegate, by placing to the left of and opposite the name
27 thus written a square and placing in the square a cross (X).
28 Where voting machines or electronic voting systems are
29 used, the provisions of this section may be modified as
30 required or authorized by Article 24 or Article 24A,
31 whichever is applicable.
32 (Source: Laws 1965, p. 2220.)
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1 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
2 Sec. 7-47. Before leaving the booth, the primary elector
3 shall fold his primary ballot in such manner as to conceal
4 the marks thereon. Such voter shall then vote forthwith by
5 handing the primary judge the primary ballot received by such
6 voter. Thereupon the primary judge shall deposit such primary
7 ballot in the ballot box. One of the judges shall thereupon
8 enter in the primary poll book the name of the primary
9 elector, his residence and his party affiliation or shall
10 make the entries on the official poll record as required by
11 articles 4, 5 and 6, if any one of them is applicable.
12 Where voting machines or electronic voting systems are
13 used, the provisions of this section may be modified as
14 required or authorized by Article 24 or Article 24A,
15 whichever is applicable.
16 (Source: Laws 1965, p. 2220.)
17 (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
18 Sec. 7-49. After the opening of the polls at a primary no
19 adjournment shall be had nor recess taken until the canvass
20 of all the votes is completed and the returns carefully
21 enveloped and sealed.
22 Where voting machines or electronic voting systems are
23 used, the provisions of this section may be modified as
24 required or authorized by Article 24 or Article 24A,
25 whichever is applicable.
26 (Source: Laws 1965, p. 2220.)
27 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
28 Sec. 7-52. Immediately upon closing the polls, the
29 primary judges shall proceed to canvass the votes in the
30 manner following:
31 (1) They shall separate and count the ballots of each
32 political party.
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1 (2) They shall then proceed to ascertain the number of
2 names entered on the applications for ballot under each party
3 affiliation.
4 (3) If the primary ballots of any political party exceed
5 the number of applications for ballot by voters of such
6 political party, the primary ballots of such political party
7 shall be folded and replaced in the ballot box, the box
8 closed, well shaken and again opened and one of the primary
9 judges, who shall be blindfolded, shall draw out so many of
10 the primary ballots of such political party as shall be equal
11 to such excess. Such excess ballots shall be marked
12 "Excess-Not Counted" and signed by a majority of the judges
13 and shall be placed in the "After 6:00 p.m. Defective Ballots
14 Envelope". The number of excess ballots shall be noted in the
15 remarks section of the Certificate of Results. "Excess"
16 ballots shall not be counted in the total of "defective"
17 ballots;
18 (4) The primary judges shall then proceed to count the
19 primary ballots of each political party separately; and as
20 the primary judges shall open and read the primary ballots, 3
21 of the judges shall carefully and correctly mark upon
22 separate tally sheets the votes which each candidate of the
23 party whose name is written or printed on the primary ballot
24 has received, in a separate column for that purpose, with the
25 name of such candidate, the name of his political party and
26 the name of the office for which he is a candidate for
27 nomination at the head of such column.
28 Where voting machines or electronic voting systems are
29 used, the provisions of this section may be modified as
30 required or authorized by Article 24 or Article 24A,
31 whichever is applicable.
32 (Source: P.A. 80-484.)
33 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
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1 Sec. 7-53. As soon as the ballots of a political party
2 shall have been read and the votes of the political party
3 counted, as provided in the last above section, the 3 judges
4 in charge of the tally sheets shall foot up the tally sheets
5 so as to show the total number of votes cast for each
6 candidate of the political party and for each candidate for
7 State Central committeeman and precinct committeeman,
8 township committeeman or ward committeeman, and delegate and
9 alternate delegate to National nominating conventions, and
10 certify the same to be correct. Thereupon, the primary judges
11 shall set down in a certificate of results on the tally
12 sheet, under the name of the political party, the name of
13 each candidate voted for upon the primary ballot, written at
14 full length, the name of the office for which he is a
15 candidate for nomination or for committeeman, or delegate or
16 alternate delegate to National nominating conventions, the
17 total number of votes which the candidate received, and they
18 shall also set down the total number of ballots voted by the
19 primary electors of the political party in the precinct. The
20 certificate of results shall be made substantially in the
21 following form:
22 ................ Party
23 At the primary election held in the .... precinct of the
24 (1) *township of ...., or (2) *City of ...., or (3) *....
25 ward in the city of .... on (insert date), the primary
26 electors of the .... party voted .... ballots, and the
27 respective candidates whose names were written or printed on
28 the primary ballot of the .... party, received respectively
29 the following votes:
30 Name of No. of
31 Candidate, Title of Office, Votes
32 John Jones Governor 100
33 Sam Smith Governor 70
34 Frank Martin Attorney General 150
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1 William Preston Rep. in Congress 200
2 Frederick John Circuit Judge 50
3 *Fill in either (1), (2) or (3).
4 And so on for each candidate.
5 We hereby certify the above and foregoing to be true and
6 correct.
7 Dated (insert date).
8 ...................................
9 Name Address
10 ...................................
11 Name Address
12 ...................................
13 Name Address
14 ...................................
15 Name Address
16 ...................................
17 Name Address
18 Judges of Primary
19 Where voting machines or electronic voting systems are
20 used, the provisions of this Section may be modified as
21 required or authorized by Article 24 and Article 24A,
22 whichever is applicable.
23 (Source: P.A. 91-357, eff. 7-29-99.)
24 (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
25 Sec. 7-54. After the votes of a political party have been
26 counted and set down and the tally sheets footed and the
27 entry made in the primary poll books or return, as above
28 provided, all the primary ballots of said political party,
29 except those marked "defective" or "objected to" shall be
30 securely bound, lengthwise and in width, with a soft cord
31 having a minimum tensile strength of 60 pounds separately for
32 each political party in the order in which said primary
33 ballots have been read, and shall thereupon be carefully
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1 sealed in an envelope, which envelope shall be endorsed as
2 follows:
3 "Primary ballots of the.... party of the.... precinct of
4 the county of.... and State of Illinois."
5 Below each endorsement, each primary judge shall write
6 his name.
7 Immediately thereafter the judges shall designate one of
8 their number to go to the nearest telephone and report to the
9 office of the county clerk or board of election commissioners
10 (as the case may be) the results of such primary. Such clerk
11 or board shall keep his or its office open after the close of
12 the polls until he or it has received from each precinct
13 under his or its jurisdiction the report above provided for.
14 Immediately upon receiving such report such clerk or board
15 shall cause the same to be posted in a public place in his or
16 its office for inspection by the public. Immediately after
17 making such report such judge shall return to the polling
18 place.
19 Where voting machines or electronic voting systems are
20 used, the provisions of this section may be modified as
21 required or authorized by Article 24 or Article 24A,
22 whichever is applicable.
23 (Source: P.A. 81-1433.)
24 (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
25 Sec. 7-55. The primary poll books or the official poll
26 record, and the tally sheets with the certificates of the
27 primary judges written thereon, together with the envelopes
28 containing the ballots, including the envelope containing the
29 ballots marked "defective" or "objected to", shall be
30 carefully enveloped and sealed up together, properly
31 endorsed, and the primary judges shall elect 2 judges (one
32 from each of the major political parties), who shall
33 immediately deliver the same to the clerk from whom the
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1 primary ballots were obtained, which clerk shall safely keep
2 the same for 2 months, and thereafter shall safely keep the
3 poll books until the next primary. Each election authority
4 shall keep the office of the election authority, or any
5 receiving stations designated by such authority, open for at
6 least 12 consecutive hours after the polls close, or until
7 the judges of each precinct under the jurisdiction of the
8 election authority have delivered to the election authority
9 all the above materials sealed up together and properly
10 endorsed as provided herein. Materials delivered to the
11 election authority which are not in the condition required by
12 this Section shall not be accepted by the election authority
13 until the judges delivering the same make and sign the
14 necessary corrections. Upon acceptance of the materials by
15 the election authority, the judges delivering the same shall
16 take a receipt signed by the election authority and stamped
17 with the time and date of such delivery. The election judges
18 whose duty it is to deliver any materials as above provided
19 shall, in the event such materials cannot be found when
20 needed, on proper request, produce the receipt which they are
21 to take as above provided.
22 The county clerk or board of election commissioners shall
23 deliver a copy of each tally sheet to the county chairmen of
24 the two largest political parties.
25 Where voting machines or electronic voting systems are
26 used, the provisions of this section may be modified as
27 required or authorized by Article 24 and Article 24A,
28 whichever is applicable.
29 (Source: P.A. 83-764.)
30 (10 ILCS 5/7-66)
31 Sec. 7-66. Precinct tabulation optical scan technology
32 voting equipment.
33 If the election authority has adopted the use of Precinct
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1 Tabulation Optical Scan Technology voting equipment pursuant
2 to Article 24 Article 24B of this Code, and the provisions of
3 the Article are in conflict with the provisions of this
4 Article 7, the provisions of Article 24 Article 24B shall
5 govern the procedures followed by the election authority, its
6 judges of elections, and all employees and agents. In
7 following the provisions of Article 24 Article 24B, the
8 election authority is authorized to develop and implement
9 procedures to fully utilize Precinct Tabulation Optical Scan
10 Technology voting equipment authorized by the State Board of
11 Elections as long as the procedure is not in conflict with
12 either Article 24 Article 24B or the administrative rules of
13 the State Board of Elections.
14 (Source: P.A. 89-394, eff. 1-1-97.)
15 (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
16 Sec. 11-7. For the purpose of the conduct of any
17 consolidated election, consolidated primary election, special
18 municipal primary election or emergency referendum, an
19 election authority may cluster up to four contiguous
20 precincts as provided in this Section, which shall constitute
21 a clustered voting zone. The common polling place for the
22 clustered voting zone shall be located within the territory
23 comprising the clustered precincts. Unless the election
24 authority specifies a larger number, only one election judge
25 shall be appointed for each of the precincts in each
26 clustered voting zone.
27 The judges so appointed may not all be affiliated with
28 the same political party.
29 The conduct of an election in a clustered voting zone
30 shall be under the general supervision of all the judges of
31 election designated to serve in the clustered voting zone.
32 The designated judges may perform the duties of election
33 judges for the entire clustered voting zone. However, the
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1 requirements of Section 17-14 shall apply to voter
2 assistance, the requirements of Article 24 Section 24-10
3 shall apply to voter instruction, the requirement of Article
4 24 Section 24A-10 shall apply to examination of absentee
5 ballots, and any disputes as to entitlement to vote,
6 challenges, counting of ballots or other matters pertaining
7 directly to voting shall be decided by those designated
8 judges appointed for the precinct in which the affected voter
9 resides or the disputed vote is to be counted.
10 This Section does not apply to any elections in
11 municipalities with more than 1,000,000 inhabitants.
12 (Source: P.A. 90-358, eff. 1-1-98.)
13 (10 ILCS 5/15-6)
14 Sec. 15-6. Precinct tabulation optical scan technology
15 voting equipment.
16 If the election authority has adopted the use of Precinct
17 Tabulation Optical Scan Technology voting equipment pursuant
18 to Article 24 Article 24B of this Code, and the provisions of
19 the Article are in conflict with the provisions of this
20 Article 15, the provisions of Article 24 Article 24B shall
21 govern the procedures followed by the election authority, its
22 judges of elections, and all employees and agents. In
23 following the provisions of Article 24 Article 24B, the
24 election authority is authorized to develop and implement
25 procedures to fully utilize Precinct Tabulation Optical Scan
26 Technology voting equipment authorized by the State Board of
27 Elections as long as the procedure is not in conflict with
28 either Article 24 Article 24B or the administrative rules of
29 the State Board of Elections.
30 (Source: P.A. 89-394, eff. 1-1-97.)
31 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
32 Sec. 16-3. The names of all candidates to be voted for
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1 in each election district or precinct shall be printed on one
2 ballot, except as is provided in Sections 16-6.1 and 21-1.01
3 of this Act and except as otherwise provided in this Act with
4 respect to the odd year regular elections and the emergency
5 referenda; all nominations of any political party being
6 placed under the party appellation or title of such party as
7 designated in the certificates of nomination or petitions.
8 The names of all independent candidates shall be printed upon
9 the ballot in a column or columns under the heading
10 "independent" arranged under the names or titles of the
11 respective offices for which such independent candidates
12 shall have been nominated and so far as practicable, the name
13 or names of any independent candidate or candidates for any
14 office shall be printed upon the ballot opposite the name or
15 names of any candidate or candidates for the same office
16 contained in any party column or columns upon said ballot.
17 The ballot shall contain no other names, except that in cases
18 of electors for President and Vice-President of the United
19 States, the names of the candidates for President and
20 Vice-President may be added to the party designation and
21 words calculated to aid the voter in his choice of candidates
22 may be added, such as "Vote for one," "Vote for three." When
23 an electronic voting system is used which utilizes a ballot
24 label booklet, the candidates and questions shall appear on
25 the pages of such booklet in the order provided by this Code;
26 and, in any case where candidates for an office appear on a
27 page which does not contain the name of any candidate for
28 another office, and where less than 50% of the page is
29 utilized, the name of no candidate shall be printed on the
30 lowest 25% of such page. On the back or outside of the
31 ballot, so as to appear when folded, shall be printed the
32 words "Official Ballot", followed by the designation of the
33 polling place for which the ballot is prepared, the date of
34 the election and a facsimile of the signature of the election
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1 authority who has caused the ballots to be printed. The
2 ballots shall be of plain white paper, through which the
3 printing or writing cannot be read. However, ballots for use
4 at the nonpartisan and consolidated election elections may be
5 printed on different color paper, except blue paper, whenever
6 necessary or desirable to facilitate distinguishing between
7 ballots for different political subdivisions. In the case of
8 nonpartisan elections for officers of a political
9 subdivision, unless the statute or an ordinance adopted
10 pursuant to Article VII of the Constitution providing the
11 form of government therefor requires otherwise, the column
12 listing such nonpartisan candidates shall be printed with no
13 appellation or circle at its head. The party appellation or
14 title, or the word "independent" at the head of any column
15 provided for independent candidates, shall be printed in
16 capital letters not less than one-fourth of an inch in height
17 and a circle one-half inch in diameter shall be printed at
18 the beginning of the line in which such appellation or title
19 is printed, provided, however, that no such circle shall be
20 printed at the head of any column or columns provided for
21 such independent candidates. The names of candidates shall be
22 printed in capital letters not less than one-eighth nor more
23 than one-fourth of an inch in height, and at the beginning of
24 each line in which a name of a candidate is printed a square
25 shall be printed, the sides of which shall be not less than
26 one-fourth of an inch in length. However, the names of the
27 candidates for Governor and Lieutenant Governor on the same
28 ticket shall be printed within a bracket and a single square
29 shall be printed in front of the bracket. The list of
30 candidates of the several parties and any such list of
31 independent candidates shall be placed in separate columns on
32 the ballot in such order as the election authorities charged
33 with the printing of the ballots shall decide; provided, that
34 the names of the candidates of the several political parties,
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1 certified by the State Board of Elections to the several
2 county clerks shall be printed by the county clerk of the
3 proper county on the official ballot in the order certified
4 by the State Board of Elections. Any county clerk refusing,
5 neglecting or failing to print on the official ballot the
6 names of candidates of the several political parties in the
7 order certified by the State Board of Elections, and any
8 county clerk who prints or causes to be printed upon the
9 official ballot the name of a candidate, for an office to be
10 filled by the Electors of the entire State, whose name has
11 not been duly certified to him upon a certificate signed by
12 the State Board of Elections shall be guilty of a Class C
13 misdemeanor.
14 When an electronic voting system is used which utilizes a
15 ballot card, on the inside flap of each ballot card envelope
16 there shall be printed a form for write-in voting which shall
17 be substantially as follows:
18 WRITE-IN VOTES
19 (See card of instructions for specific information.
20 Duplicate form below by hand for additional write-in votes.)
21 _____________________________
22 Title of Office
23 ( ) ____________________________
24 Name of Candidate
25 When an electronic voting system is used which uses a
26 ballot sheet, the instructions to voters on the ballot sheet
27 shall refer the voter to the card of instructions for
28 specific information on write-in voting. Below each office
29 appearing on such ballot sheet there shall be a provision for
30 the casting of a write-in vote.
31 When such electronic system is used, there shall be
32 printed on the back of each ballot card, each ballot card
33 envelope, and the first page of the ballot label when a
34 ballot label is used, the words "Official Ballot," followed
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1 by the number of the precinct or other precinct
2 identification, which may be stamped, in lieu thereof and, as
3 applicable, the number and name of the township, ward or
4 other election district for which the ballot card, ballot
5 card envelope, and ballot label are prepared, the date of the
6 election and a facsimile of the signature of the election
7 authority who has caused the ballots to be printed. The back
8 of the ballot card shall also include a method of identifying
9 the ballot configuration such as a listing of the political
10 subdivisions and districts for which votes may be cast on
11 that ballot, or a number code identifying the ballot
12 configuration or color coded ballots, except that where there
13 is only one ballot configuration in a precinct, the precinct
14 identification, and any applicable ward identification, shall
15 be sufficient. Ballot card envelopes used in punch card
16 systems shall be of paper through which no writing or punches
17 may be discerned and shall be of sufficient length to enclose
18 all voting positions. However, the election authority may
19 provide ballot card envelopes on which no precinct number or
20 township, ward or other election district designation, or
21 election date are preprinted, if space and a preprinted form
22 are provided below the space provided for the names of
23 write-in candidates where such information may be entered by
24 the judges of election. Whenever an election authority
25 utilizes ballot card envelopes on which the election date and
26 precinct is not preprinted, a judge of election shall mark
27 such information for the particular precinct and election on
28 the envelope in ink before tallying and counting any write-in
29 vote written thereon. If some method of insuring ballot
30 secrecy other than an envelope is used, such information must
31 be provided on the ballot itself.
32 In the designation of the name of a candidate on the
33 ballot, the candidate's given name or names, initial or
34 initials, a nickname by which the candidate is commonly
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1 known, or a combination thereof, may be used in addition to
2 the candidate's surname. No other designation such as a title
3 or degree or nickname suggesting or implying possession of a
4 title, degree or professional status, or similar information
5 may be used in connection with the candidate's surname,
6 except that the title "Mrs." may be used in the case of a
7 married woman.
8 Where voting machines or electronic voting systems are
9 used, the provisions of this Section may be modified as
10 required or authorized by Article 24 or Article 24A,
11 whichever is applicable.
12 Nothing in this Section shall prohibit election
13 authorities from using or reusing ballot card envelopes which
14 were printed before the effective date of this amendatory Act
15 of 1985.
16 (Source: P.A. 84-1308.)
17 (10 ILCS 5/16-6) (from Ch. 46, par. 16-6)
18 Sec. 16-6. Whenever one or more proposals for amendment
19 of the constitution or the calling of a constitutional
20 convention or any combination thereof is or are to be voted
21 upon by the people, the proposition or propositions for the
22 adoption or rejection of such amendment or amendments or
23 convention shall be submitted upon a ballot separate from the
24 "Official Ballot" containing the names of candidates for
25 State and other offices to be voted at such election. Such
26 separate ballot shall be printed upon paper of a distinctly
27 blue color and shall, as near as may be practicable, be of
28 uniform size and blue color, but any variation in the size of
29 such ballots or in the tincture of blue employed shall not
30 affect or impair the validity thereof. Preceding each
31 proposal to amend the constitution shall be printed the brief
32 explanation of the amendment, prepared by the General
33 Assembly, or in the case of a proposed amendment initiated by
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1 petition pursuant to Section 3 of Article XIV of the
2 Constitution of the State of Illinois by the principal
3 proponents of the amendment as approved by the Attorney
4 General, and immediately below the explanation, the
5 proposition shall be printed in substantially the following
6 form:
7 -------------------------------------------------------------
8 YES For the proposed amendment
9 to Article ______ (or Section
10 _______ of Article ______ of
11 NO the Constitution.
12 -------------------------------------------------------------
13 In the case of a proposition for the calling of a
14 constitutional convention, such proposition shall be printed
15 in substantially the following form:
16 -------------------------------------------------------------
17 YES For the calling of a Constitutional
18 Convention.
19 NO
20 -------------------------------------------------------------
21 On the back or outside of the ballot so as to appear when
22 folded, shall be printed the words "CONSTITUTION BALLOT",
23 followed by the designation of the polling place for which
24 the ballot is prepared, the date of the election and a
25 facsimile of the signature of the clerk or other officer who
26 has caused the ballots to be printed. Immediately above the
27 words "CONSTITUTION BALLOT" in the case of a proposition for
28 the calling of a constitutional convention the following
29 legend shall be printed in bold face type:
30 "NOTICE
31 THE FAILURE TO VOTE THIS BALLOT IS THE EQUIVALENT OF A
32 NEGATIVE VOTE. (THIS IS NOT TO BE CONSTRUED AS A DIRECTION
33 THAT YOUR VOTE IS REQUIRED TO BE CAST EITHER IN FAVOR OF OR
34 IN OPPOSITION TO THE PROPOSITION HEREIN CONTAINED.)
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1 WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
2 THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
3 Immediately above the words "CONSTITUTION BALLOT" in the
4 case of a proposition to amend the Constitution the following
5 legend shall be printed in bold face type:
6 "NOTICE
7 WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
8 THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
9 If a proposition for the calling of a constitutional
10 convention is submitted at the same election as one or more
11 propositions to amend the constitution, the proposition for
12 the calling of a constitutional convention shall be printed
13 at the top of the ballot. In such case, the back or outside
14 of the ballot shall be printed the same as if it were a
15 proposal solely to amend the constitution.
16 Where voting machines or electronic voting systems are
17 used, the provisions of this Section may be modified as
18 required or authorized by Article 24 or Article 24A,
19 whichever is applicable.
20 (Source: P.A. 81-163.)
21 (10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
22 Sec. 16-6.1. In elections held pursuant to the
23 provisions of Section 12 of Article VI of the Constitution
24 relating to retention of judges in office, the form of the
25 proposition to be submitted for each candidate shall be
26 substantially as follows:
27 _____________________________________________________________
28 Shall ....... (insert name YES
29 of candidate) be retained in
30 office as ..... (insert name
31 of office and Court)? NO
32 _____________________________________________________________
33 The names of all candidates thus submitting their names
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1 for retention in office in any particular judicial district
2 or circuit shall appear on the same ballot which shall be
3 separate from all other ballots voted on at the general
4 election.
5 Propositions on Supreme Court judges, if any are seeking
6 retention, shall appear on the ballot in the first group, for
7 judges of the Appellate Court in the second group immediately
8 under the first, and for circuit judges in the last group.
9 The grouping of candidates for the same office shall be
10 preceded by a heading describing the office and the court.
11 If there are two or more candidates for each office, the
12 names of such candidates in each group shall be listed in the
13 order determined as follows: The name of the person with the
14 greatest length of time served in the specified office of the
15 specified court shall be listed first in each group. The
16 rest of the names shall be listed in the appropriate order
17 based on the same seniority standard. If two or more
18 candidates for each office have served identical periods of
19 time in the specified office, such candidates shall be listed
20 alphabetically at the appropriate place in the order of names
21 based on seniority in the office as described. Circuit
22 judges shall be credited for the purposes of this section
23 with service as associate judges prior to July 1, 1971 and
24 with service on any court the judges of which were made
25 associate judges on January 1, 1964 by virtue of Paragraph 4,
26 subparagraphs (c) and (d) of the Schedule to Article VI of
27 the former Illinois Constitution.
28 At the top of the ballot on the same side as the
29 propositions on the candidates are listed shall be printed an
30 explanation to read substantially as follows: "Vote on the
31 proposition with respect to all or any of the judges listed
32 on this ballot. No judge listed is running against any other
33 judge. The sole question is whether each judge shall be
34 retained in his present office".
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1 Such separate ballot shall be printed on paper of
2 sufficient size so that when folded once it shall be large
3 enough to contain the following words, which shall be printed
4 on the back, "Ballot for judicial candidates seeking
5 retention in office". Such ballot shall be handed to the
6 elector at the same time as the ballot containing the names
7 of other candidates for the general election and shall be
8 returned therewith by the elector to the proper officer in
9 the manner designated by this Act. All provisions of this
10 Act relating to ballots shall apply to such separate ballot,
11 except as otherwise specifically provided in this section.
12 Such separate ballot shall be printed upon paper of a green
13 color. No other ballot at the same election shall be green
14 in color.
15 In precincts in which voting machines are used, the
16 special ballot containing the propositions on the retention
17 of judges may be placed on the voting machines if such voting
18 machines permit the casting of votes on such propositions.
19 An electronic voting system authorized by Article 24
20 Article 24A may be used in voting and tabulating the judicial
21 retention ballots. When an electronic voting system is used
22 which utilizes a ballot label booklet and ballot card, there
23 shall be used in the label booklet a separate ballot label
24 page or pages as required for such proposition, which page or
25 pages for such proposition shall be of a green color separate
26 and distinct from the ballot label page or pages used for any
27 other proposition or candidates.
28 (Source: P.A. 79-201.)
29 (10 ILCS 5/16-7) (from Ch. 46, par. 16-7)
30 Sec. 16-7. Whenever a public question is to be submitted
31 to be voted upon and has been initiated and certified in
32 accordance with Article 28 of this Code, the election
33 authorities to whom the question is certified shall print the
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1 question on the ballot for the proper election, and shall
2 cause it to be submitted in the proper precincts to those
3 electors entitled by reason of their residency to vote on
4 such question.
5 The substance of such public measure shall be clearly
6 indicated on a separate ballot, and two spaces shall be left
7 upon the right-hand margin thereof, one for the votes
8 favoring the public measure, to be designated by the word,
9 "Yes", and one for the votes opposing the measure, to be
10 designated by the word, "No", as in the form herein given:
11 -------------------------------------------------------------
12 Shall (here print YES
13 the substance of the ------------------------------
14 public measure). NO
15 -------------------------------------------------------------
16 The elector shall designate his vote by a cross mark,
17 thus: (X). Any such separate ballot shall be printed on
18 paper of sufficient size so that when folded once it shall be
19 large enough to contain the following words, which shall be
20 printed on the back, "Ballot for (name of public measure to
21 be voted on)." Such ballot shall be handed to the elector at
22 the same time as the ballot containing the names of the
23 candidates, and returned therewith by the elector to the
24 proper office in the manner designated by this Act. All
25 provisions of this Act relating to ballots shall apply to
26 such separate ballot, except as herein otherwise provided.
27 Such separate ballot or ballots shall be printed upon paper
28 of a distinctly different color from any other ballot for
29 candidates used at such election and from those for the
30 question of retention in office of judges and of
31 constitutional amendments and as near as may be practicable,
32 be of uniform size. Any variation in the size of such ballots
33 shall not impair their validity.
34 In the case of a public question described in subsection
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1 (b) of Section 28-6, the election authority shall include on
2 the ballot the description of the territory concerning which
3 the question is to be submitted, as set forth in the
4 certification of the public question or, where the question
5 is initiated by petition filed with the authority, as set
6 forth in such petition. If the election authority determines
7 the description cannot be included within the space
8 limitations of the ballot, the election authority shall
9 prepare large printed copies of a notice of the public
10 question, which shall include the description. The notice
11 shall be prominently displayed in the polling place of each
12 precinct in which the question is to be submitted.
13 In precincts in which voting machines are used, separate
14 ballots shall not be required if such voting machines permit
15 the casting of votes on such proposition.
16 An electronic voting system authorized by Article 24
17 Article 24A may be used in voting and tabulating the ballots
18 on a public measure. When an electronic voting system is
19 used, which utilizes a ballot label booklet and ballot card,
20 there shall be used in the ballot label booklet a separate
21 ballot label page or pages as required for such public
22 measures or propositions. The page or pages for such public
23 measures or propositions shall be of a color separate and
24 distinct from the ballot label page or pages used for
25 candidates and from those used for the propositions of
26 retention in office of judges and of constitutional
27 amendments. The ballot card provided for recording the
28 voter's vote or choice on public measures or propositions may
29 be the same card as is used for recording his vote for
30 candidates. More than one public measure or proposition may
31 be placed on the same ballot label page or series of pages
32 and may be voted or recorded on the same column or series of
33 columns on the same ballot card, and all columns on the
34 ballot card may be of the same color.
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1 However, at the nonpartisan, consolidated primary, and
2 consolidated elections, the proposition for a public question
3 relating to a political subdivision shall be placed on the
4 ballot together with the ballot for the nomination or
5 election of officers of such political subdivision to be
6 voted upon at the same election, unless such placement is not
7 feasible.
8 (Source: P.A. 84-1467.)
9 (10 ILCS 5/16-11)
10 Sec. 16-11. Precinct tabulation optical scan technology
11 voting equipment.
12 If the election authority has adopted the use of Precinct
13 Tabulation Optical Scan Technology voting equipment pursuant
14 to Article 24 Article 24B of this Code, and the provisions of
15 the Article are in conflict with the provisions of this
16 Article 16, the provisions of Article 24 Article 24B shall
17 govern the procedures followed by the election authority, its
18 judges of elections, and all employees and agents. In
19 following the provisions of Article 24 Article 24B, the
20 election authority is authorized to develop and implement
21 procedures to fully utilize Precinct Tabulation Optical Scan
22 Technology voting equipment authorized by the State Board of
23 Elections as long as the procedure is not in conflict with
24 either Article 24 Article 24B or the administrative rules of
25 the State Board of Elections.
26 (Source: P.A. 89-394, eff. 1-1-97.)
27 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
28 Sec. 17-9. Any person desiring to vote shall give his
29 name and, if required to do so, his residence to the judges
30 of election, one of whom shall thereupon announce the same in
31 a loud and distinct tone of voice, clear, and audible; the
32 judges of elections shall check each application for ballot
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1 against the list of voters registered in that precinct to
2 whom absentee ballots have been issued for that election,
3 which shall be provided by the election authority and which
4 list shall be available for inspection by pollwatchers. A
5 voter applying to vote in the precinct on election day whose
6 name appears on the list as having been issued an absentee
7 ballot shall not be permitted to vote in the precinct unless
8 that voter submits to the judges of election, for
9 cancellation or revocation, his absentee ballot. In the case
10 that the voter's absentee ballot is not present in the
11 polling place, it shall be sufficient for any such voter to
12 submit to the judges of election in lieu of his absentee
13 ballot, either a portion of such ballot if torn or mutilated
14 or, an affidavit executed before the judges of election
15 specifying that the voter never received an absentee ballot,
16 or an affidavit executed before the judges of election
17 specifying that the voter desires to cancel or revoke any
18 absentee ballot that may have been cast in the voter's name.
19 All applicable provisions of Articles 4, 5 or 6 shall be
20 complied with and if such name is found on the register of
21 voters by the officer having charge thereof, he shall
22 likewise repeat said name, and the voter shall be allowed to
23 enter within the proximity of the voting booths, as above
24 provided. One of the judges shall give the voter one, and
25 only one of each ballot to be voted at the election, on the
26 back of which ballots such judge shall indorse his initials
27 in such manner that they may be seen when each such ballot is
28 properly folded, and the voter's name shall be immediately
29 checked on the register list. In those election jurisdictions
30 where perforated ballot cards are utilized of the type on
31 which write-in votes can be cast above the perforation, the
32 election authority shall provide a space both above and below
33 the perforation for the judge's initials, and the judge shall
34 endorse his or her initials in both spaces. Whenever a
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1 proposal for a constitutional amendment or for the calling of
2 a constitutional convention is to be voted upon at the
3 election, the separate blue ballot or ballots pertaining
4 thereto shall, when being handed to the voter, be placed on
5 top of the other ballots to be voted at the election in such
6 manner that the legend appearing on the back thereof, as
7 prescribed in Section 16-6 of this Act, shall be plainly
8 visible to the voter. At all elections, when a registry may
9 be required, if the name of any person so desiring to vote at
10 such election is not found on the register of voters, he or
11 she shall not receive a ballot until he or she shall have
12 complied with the law prescribing the manner and conditions
13 of voting by unregistered voters. If any person desiring to
14 vote at any election shall be challenged, he or she shall not
15 receive a ballot until he or she shall have established his
16 right to vote in the manner provided hereinafter; and if he
17 or she shall be challenged after he has received his ballot,
18 he shall not be permitted to vote until he or she has fully
19 complied with such requirements of the law upon being
20 challenged. Besides the election officer, not more than 2
21 voters in excess of the whole number of voting booths
22 provided shall be allowed within the proximity of the voting
23 booths at one time. The provisions of this Act, so far as
24 they require the registration of voters as a condition to
25 their being allowed to vote shall not apply to persons
26 otherwise entitled to vote, who are, at the time of the
27 election, or at any time within 60 days prior to such
28 election have been engaged in the military or naval service
29 of the United States, and who appear personally at the
30 polling place on election day and produce to the judges of
31 election satisfactory evidence thereof, but such persons, if
32 otherwise qualified to vote, shall be permitted to vote at
33 such election without previous registration.
34 All such persons shall also make an affidavit which shall
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1 be in substantially the following form:
2 State of Illinois,)
3 ) ss.
4 County of ........)
5 ............... Precinct .......... Ward
6 I, ...., do solemnly swear (or affirm) that I am a
7 citizen of the United States, of the age of 18 years or over,
8 and that within the past 60 days prior to the date of this
9 election at which I am applying to vote, I have been engaged
10 in the .... (military or naval) service of the United States;
11 and I am qualified to vote under and by virtue of the
12 Constitution and laws of the State of Illinois, and that I am
13 a legally qualified voter of this precinct and ward except
14 that I have, because of such service, been unable to register
15 as a voter; that I now reside at .... (insert street and
16 number, if any) in this precinct and ward; that I have
17 maintained a legal residence in this precinct and ward for 30
18 days and in this State 30 days next preceding this election.
19 .........................
20 Subscribed and sworn to before me on (insert date).
21 .........................
22 Judge of Election.
23 The affidavit of any such person shall be supported by
24 the affidavit of a resident and qualified voter of any such
25 precinct and ward, which affidavit shall be in substantially
26 the following form:
27 State of Illinois,)
28 ) ss.
29 County of ........)
30 ........... Precinct ........... Ward
31 I, ...., do solemnly swear (or affirm), that I am a
32 resident of this precinct and ward and entitled to vote at
33 this election; that I am acquainted with .... (name of the
34 applicant); that I verily believe him to be an actual bona
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1 fide resident of this precinct and ward and that I verily
2 believe that he or she has maintained a legal residence
3 therein 30 days and in this State 30 days next preceding this
4 election.
5 .........................
6 Subscribed and sworn to before me on (insert date).
7 .........................
8 Judge of Election.
9 All affidavits made under the provisions of this Section
10 shall be enclosed in a separate envelope securely sealed, and
11 shall be transmitted with the returns of the elections to the
12 county clerk or to the board of election commissioners, who
13 shall preserve the said affidavits for the period of 6
14 months, during which period such affidavits shall be deemed
15 public records and shall be freely open to examination as
16 such.
17 (Source: P.A. 91-357, eff. 7-29-99.)
18 (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
19 Sec. 17-11. On receipt of his ballot the voter shall
20 forthwith, and without leaving the inclosed space, retire
21 alone to one of the voting booths so provided and shall
22 prepare his ballot by making in the appropriate margin or
23 place a cross (X) opposite the name of the candidate of his
24 choice for each office to be filled, or by writing in the
25 name of the candidate of his choice in a blank space on said
26 ticket, making a cross (X) opposite thereto; and in case of a
27 question submitted to the vote of the people, by making in
28 the appropriate margin or place a cross (X) against the
29 answer he desires to give. A cross (X) in the square in front
30 of the bracket enclosing the names of a team of candidates
31 for Governor and Lieutenant Governor counts as one vote for
32 each of such candidates. Before leaving the voting booth the
33 voter shall fold his ballot in such manner as to conceal the
-28- LRB9205957JMmb
1 marks thereon. He shall then vote forthwith in the manner
2 herein provided, except that the number corresponding to the
3 number of the voter on the poll books shall not be indorsed
4 on the back of his ballot. He shall mark and deliver his
5 ballot without undue delay, and shall quit said inclosed
6 space as soon as he has voted. No voter shall be allowed to
7 occupy a voting booth already occupied by another, nor remain
8 within said inclosed space more than ten minutes, nor to
9 occupy a voting booth more than five minutes in case all of
10 said voting booths are in use and other voters waiting to
11 occupy the same. No voter not an election officer, shall,
12 after having voted, be allowed to re-enter said inclosed
13 space during said election. No person shall take or remove
14 any ballot from the polling place before the close of the
15 poll. No voter shall vote or offer to vote any ballot except
16 such as he has received from the judges of election in charge
17 of the ballots. Any voter who shall, by accident or mistake,
18 spoil his ballot, may, on returning said spoiled ballot,
19 receive another in place thereof only after the word
20 "spoiled" has been written in ink diagonally across the
21 entire face of the ballot returned by the voter.
22 Where voting machines or electronic voting systems are
23 used, the provisions of this section may be modified as
24 required or authorized by Article 24 or Article 24A,
25 whichever is applicable.
26 (Source: P.A. 89-700, eff. 1-17-97.)
27 (10 ILCS 5/17-17) (from Ch. 46, par. 17-17)
28 Sec. 17-17. After the opening of the polls no
29 adjournment shall be had nor shall any recess be taken, until
30 all the votes cast at such election have been counted and the
31 result publicly announced, except that when necessary one
32 judge at a time may leave the polling place for a reasonable
33 time during the casting of ballots, and except that when a
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1 polling place is inaccessible to a disabled voter, one team
2 of 2 judges of opposite party affiliation may leave the
3 polling place to deliver a ballot to such voter, as provided
4 in Sections 7-47.1 and 17-13 of this Code. When a judge
5 leaves and returns, such judge shall sign a time sheet
6 indicating the length of the period such judge is absent from
7 his duties. When absent, the judge shall authorize someone
8 of the same political party as himself to act for him until
9 he returns.
10 Where voting machines or electronic voting systems are
11 used, the provisions of this section may be modified as
12 required or authorized by Article 24 or Article 24A,
13 whichever is applicable.
14 (Source: P.A. 91-357, eff. 7-29-99.)
15 (10 ILCS 5/17-18) (from Ch. 46, par. 17-18)
16 Sec. 17-18. Immediately upon closing the polls the
17 judges shall proceed to canvass the votes polled. They shall
18 first count the whole number of ballots in the box. If 2 or
19 more ballots are folded together so as to appear to have been
20 cast by the same person, all of the ballots so folded
21 together shall be marked and returned with the other ballots
22 in the same conditions, as near as may be, in which they were
23 found when first opened, but shall not be counted. If the
24 remaining ballots shall be found to exceed the number of
25 applications for ballot, the ballots shall be replaced in
26 the box, and the box closed and well shaken and again opened
27 and one of the judges shall publicly draw out so many ballots
28 unopened as shall be equal to such excess; and the number of
29 the ballots agreeing with the poll lists, or being made to
30 agree. Such excess ballots shall be marked "Excess-Not
31 Counted" and signed by a majority of the judges and shall be
32 placed in the "After 6:00 p.m. Defective Ballots Envelope".
33 The number of excess ballots shall be noted in the remarks
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1 section of the Certificate of Results. "Excess" ballots shall
2 not be counted in the total of "defective" ballots.
3 The judges shall then proceed to count and record the
4 votes; and when the judges of election shall open and read
5 the ballots, 3 judges, with at least one from each political
6 party from which the precinct judges were chosen, shall
7 carefully and correctly mark down upon the three tally sheets
8 the vote each candidate has received, in a separate box
9 prepared for that purpose, with the name of such candidate at
10 the head of such box, and the office designated by the votes
11 such candidate shall fill. Whenever a proposition is
12 submitted to the electors at the same election, the ballots
13 for or against such proposition shall always be canvassed,
14 counted or tallied. The votes shall be canvassed in the room
15 or place where the election is held, and the judges shall not
16 allow the ballot box, or any of the ballots, or the
17 applications for ballot, or any of the tally sheets to be
18 removed or carried away from such room or place, until the
19 canvass of the vote is completed, and the returns carefully
20 enveloped and sealed up as provided by law.
21 Where voting machines or electronic voting systems are
22 used, the provisions of this section may be modified as
23 required or authorized by Article 24 or Article 24A,
24 whichever is applicable.
25 (Source: P.A. 83-333.)
26 (10 ILCS 5/17-20) (from Ch. 46, par. 17-20)
27 Sec. 17-20. When the canvass of the ballots has been
28 completed, the tally judges shall announce to the judges the
29 total number of votes received by each candidate; each judge
30 of the election shall proclaim in a loud voice the total
31 number of votes received by each of the persons voted for and
32 the office for which he is designated, and the number of
33 votes for and number of votes against any proposition which
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1 has been submitted to a vote of the people; such proclamation
2 shall be prima facie evidence of the result of such canvass
3 of the ballots.
4 Immediately after making such proclamation the judges
5 shall designate one of their number to go to the nearest
6 telephone and report to the office of the county clerk the
7 results announced in such proclamation. The county clerk in
8 such counties shall keep his office open after the close of
9 the polls on the day of any election and thereafter until he
10 has received from each precinct in such county the report
11 above provided for. Immediately upon receiving such report
12 the county clerk shall cause the same to be posted in a
13 public place in his office for inspection by the public.
14 Immediately after making such report such judge shall return
15 to the polling place.
16 After making such proclamation and before separating, the
17 judges of all counties shall fold or roll all of the ballots
18 which have been counted by them, except those ballots which
19 have been in the ballot box but have not been counted and
20 marked "defective" or "objected to", securely bind them,
21 lengthwise and in width, with a soft cord having a minimum
22 tensile strength of 60 pounds, and wrap the same with heavy
23 wrapping paper on which the judges of election shall write
24 their signature and seal the package with filament over the
25 signatures and around the package lengthwise and crosswise,
26 at least twice each way, so that the ballots cannot be
27 removed from the package without breaking the seal and the
28 filament tape and disturbing the signatures, and enclose the
29 ballots so wrapped, together with the envelope containing the
30 ballots marked "defective" or "objected to", in a secure
31 canvass covering, which the judges of election shall sign and
32 seal with filament tape as above specified. The precinct
33 judges of election shall elect 2 judges (one from each of the
34 major political parties), who shall immediately return the
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1 ballots, in such sealed canvass covering, to the election
2 authority who shall keep their respective offices, or any
3 receiving stations designated by them, open for at least 12
4 consecutive hours after the polls close, or until the ballots
5 from all precincts within the jurisdiction of any such
6 election authority are returned to the office of such
7 election authority, signed and sealed as above specified.
8 Ballots returned to the office of an election authority which
9 are not signed and sealed as above specified shall not be
10 accepted until the judges returning the same sign and
11 properly seal the same. Upon acceptance of the returned
12 ballots by the election authority, the judges returning the
13 same shall take a receipt signed by the election authority
14 and stamped with the time and date of such return. The
15 election judges whose duty it is to return any ballots as
16 above provided shall, in the event such ballots cannot be
17 found when needed, on proper request, produce the receipt
18 which they are to take as above provided. Upon receiving the
19 ballots so returned, the election authority shall carefully
20 preserve the ballots for 2 months, subject to their
21 examination in a discovery recount proceeding in accordance
22 with law. However, where electronic voting systems are used,
23 the apparatus or frame in which the ballot booklet is
24 contained shall not be subject to the 2 month preservation
25 requirement. At the expiration of that time such election
26 authority shall remove the same from original package and
27 shall destroy the same, together with all unused ballots
28 returned from the polling places. If any contest of election
29 is pending at such time in which such ballots may be required
30 as evidence, and such election authority has notice thereof
31 the same shall not be destroyed until after such contest is
32 finally determined.
33 Where voting machines or electronic voting systems are
34 used, the provisions of this section may be modified as
-33- LRB9205957JMmb
1 required or authorized by Article 24 or Article 24A,
2 whichever is applicable.
3 (Source: P.A. 83-1362.)
4 (10 ILCS 5/17-22) (from Ch. 46, par. 17-22)
5 Sec. 17-22. The judges of election shall make the tally
6 sheet and certificate of results in triplicate. If, however,
7 the number of established political parties, as defined in
8 Section 10-2, exceeds 2, one additional copy shall be made
9 for each established political party in excess of 2. One list
10 of voters, or other proper return with such certificate
11 written thereon, and accompanying tally sheet footed up so as
12 to show the correct number of votes cast for each person
13 voted for, shall be carefully enveloped and sealed up by the
14 judges of election, 2 of whom (one from each of the 2 major
15 political parties) shall immediately deliver same to the
16 county clerk, or his deputy, at the office of the county
17 clerk, or to an officially designated receiving station
18 established by the county clerk where a duly authorized
19 representative of the county clerk shall receive said
20 envelopes for immediate transmission to the office of county
21 clerk, who shall safely keep them. The other certificates of
22 results and accompanying tally sheet shall be carefully
23 enveloped and sealed up and duly directed, respectively, to
24 the chairman of the county central committee of each then
25 existing established political party, and by another of the
26 judges of election deposited immediately in the nearest
27 United States letter deposit. However, if any county chairman
28 notifies the county clerk not later than 10 days before the
29 election of his desire to receive the envelope addressed to
30 him at the point and at the time same are delivered to the
31 county clerk, his deputy or receiving station designee the
32 envelopes shall be delivered to such county chairman or his
33 designee immediately upon receipt thereof by the county
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1 clerk, his deputy or his receiving station designee. The
2 person or persons so designated by a county chairman shall
3 sign an official receipt acknowledging receipt of said
4 envelopes. The poll book and tally list filed with the county
5 clerk shall be kept one year, and certified copies thereof
6 shall be evidence in all courts, proceedings and election
7 contests. Before the returns are sealed up, as aforesaid, the
8 judges shall compare the tally papers, footings and
9 certificates and see that they are correct and duplicates of
10 each other, and certify to the correctness of the same.
11 At the nonpartisan and consolidated election elections,
12 the judges of election shall make a tally sheet and
13 certificate of results for each political subdivision for
14 which candidates or public questions are on the ballot at
15 such election, and shall sign, seal in a marked envelope and
16 deliver them to the county clerk with the other certificates
17 of results herein required. Such tally sheets and
18 certificates of results may be duplicates of the tally sheet
19 and certificate of results otherwise required by this
20 Section, showing all votes for all candidates and public
21 questions voted for or upon in the precinct, or may be on
22 separate forms prepared by the election authority and showing
23 only those votes cast for candidates and public questions of
24 each such political subdivision.
25 Within 2 days of delivery of complete returns of the
26 consolidated election and nonpartisan elections, the county
27 clerk shall transmit an original, sealed tally sheet and
28 certificate of results from each precinct in his jurisdiction
29 in which candidates or public questions of a political
30 subdivision were on the ballot to the local election official
31 of such political subdivision. Each local election official,
32 within 24 hours of receipt of all of the tally sheets and
33 certificates of results for all precincts in which candidates
34 or public questions of his political subdivision were on the
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1 ballot, shall transmit such sealed tally sheets and
2 certificates of results to the canvassing board for that
3 political subdivision.
4 In the case of referenda for the formation of a political
5 subdivision, the tally sheets and certificates of results
6 shall be transmitted by the county clerk to the circuit court
7 that ordered the proposition submitted or to the officials
8 designated by the court to conduct the canvass of votes. In
9 the case of school referenda for which a regional
10 superintendent of schools is responsible for the canvass of
11 votes, the county clerk shall transmit the tally sheets and
12 certificates of results to the regional superintendent of
13 schools.
14 Where voting machines or electronic voting systems are
15 used, the provisions of this section may be modified as
16 required or authorized by Article 24 or Article 24A,
17 whichever is applicable.
18 (Source: P.A. 80-1469.)
19 (10 ILCS 5/17-43)
20 Sec. 17-43. Precinct tabulation optical scan technology
21 voting equipment.
22 If the election authority has adopted the use of Precinct
23 Tabulation Optical Scan Technology voting equipment pursuant
24 to Article 24 Article 24B of this Code, and the provisions of
25 the Article are in conflict with the provisions of this
26 Article 17, the provisions of Article 24 Article 24B shall
27 govern the procedures followed by the election authority, its
28 judges of elections, and all employees and agents. In
29 following the provisions of Article 24 Article 24B, the
30 election authority is authorized to develop and implement
31 procedures to fully utilize Precinct Tabulation Optical Scan
32 Technology voting equipment authorized by the State Board of
33 Elections as long as the procedure is not in conflict with
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1 either Article 24 Article 24B or the administrative rules of
2 the State Board of Elections.
3 (Source: P.A. 89-394, eff. 1-1-97.)
4 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
5 Sec. 18-5. Questioning of person desiring to vote;
6 receipt of ballots. Any person desiring to vote and whose
7 name is found upon the register of voters by the person
8 having charge thereof, shall then be questioned by one of the
9 judges as to his nativity, his term of residence at present
10 address, precinct, State and United States, his age, whether
11 naturalized and if so the date of naturalization papers and
12 court from which secured, and he shall be asked to state his
13 residence when last previously registered and the date of the
14 election for which he then registered. The judges of
15 elections shall check each application for ballot against the
16 list of voters registered in that precinct to whom absentee
17 ballots have been issued for that election, which shall be
18 provided by the election authority and which list shall be
19 available for inspection by pollwatchers. A voter applying to
20 vote in the precinct on election day whose name appears on
21 the list as having been issued an absentee ballot shall not
22 be permitted to vote in the precinct unless that voter
23 submits to the judges of election, for cancellation or
24 revocation, his absentee ballot. In the case that the
25 voter's absentee ballot is not present in the polling place,
26 it shall be sufficient for any such voter to submit to the
27 judges of election in lieu of his absentee ballot, either a
28 portion of such ballot if torn or mutilated or, an affidavit
29 executed before the judges of election specifying that the
30 voter never received an absentee ballot, or an affidavit
31 executed before the judges of election specifying that the
32 voter desires to cancel or revoke any absentee ballot that
33 may have been cast in the voter's name. If such person so
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1 registered shall be challenged as disqualified, the party
2 challenging shall assign his reasons therefor, and thereupon
3 one of the judges shall administer to him an oath to answer
4 questions, and if he shall take the oath he shall then be
5 questioned by the judge or judges touching such cause of
6 challenge, and touching any other cause of disqualification.
7 And he may also be questioned by the person challenging him
8 in regard to his qualifications and identity. But if a
9 majority of the judges are of the opinion that he is the
10 person so registered and a qualified voter, his vote shall
11 then be received accordingly. But if his vote be rejected by
12 such judges, such person may afterward produce and deliver an
13 affidavit to such judges, subscribed and sworn to by him
14 before one of the judges, in which it shall be stated how
15 long he has resided in such precinct, and state; that he is a
16 citizen of the United States, and is a duly qualified voter
17 in such precinct, and that he is the identical person so
18 registered. In addition to such an affidavit, the person so
19 challenged shall provide to the judges of election proof of
20 residence by producing 2 forms of identification showing the
21 person's current residence address, provided that such
22 identification to the person at his current residence address
23 and postmarked not earlier than 30 days prior to the date of
24 the election, or the person shall procure a witness
25 personally known to the judges of election, and resident in
26 the precinct (or district), or who shall be proved by some
27 legal voter of such precinct or district, known to the judges
28 to be such, who shall take the oath following, viz:
29 I do solemnly swear (or affirm) that I am a resident of
30 this election precinct (or district), and entitled to vote at
31 this election, and that I have been a resident of this State
32 for 30 days last past, and am well acquainted with the person
33 whose vote is now offered; that he is an actual and bona fide
34 resident of this election precinct (or district), and has
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1 resided herein 30 days, and as I verily believe, in this
2 State, 30 days next preceding this election.
3 The oath in each case may be administered by one of the
4 judges of election, or by any officer, resident in the
5 precinct or district, authorized by law to administer oaths.
6 Also supported by an affidavit by a registered voter residing
7 in such precinct, stating his own residence, and that he
8 knows such person; and that he does reside at the place
9 mentioned and has resided in such precinct and state for the
10 length of time as stated by such person, which shall be
11 subscribed and sworn to in the same way. Whereupon the vote
12 of such person shall be received, and entered as other votes.
13 But such judges, having charge of such registers, shall state
14 in their respective books the facts in such case, and the
15 affidavits, so delivered to the judges, shall be preserved
16 and returned to the office of the commissioners of election.
17 Blank affidavits of the character aforesaid shall be sent out
18 to the judges of all the precincts, and the judges of
19 election shall furnish the same on demand and administer the
20 oaths without criticism. Such oaths, if administered by any
21 other officer than such judge of election, shall not be
22 received. Whenever a proposal for a constitutional amendment
23 or for the calling of a constitutional convention is to be
24 voted upon at the election, the separate blue ballot or
25 ballots pertaining thereto shall be placed on top of the
26 other ballots to be voted at the election in such manner that
27 the legend appearing on the back thereof, as prescribed in
28 Section 16-6 of this Act, shall be plainly visible to the
29 voter, and in this fashion the ballots shall be handed to the
30 voter by the judge.
31 The voter shall, upon quitting the voting booth, deliver
32 to one of the judges of election all of the ballots, properly
33 folded, which he received. The judge of election to whom the
34 voter delivers his ballots shall not accept the same unless
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1 all of the ballots given to the voter are returned by him. If
2 a voter delivers less than all of the ballots given to him,
3 the judge to whom the same are offered shall advise him in a
4 voice clearly audible to the other judges of election that
5 the voter must return the remainder of the ballots. The
6 statement of the judge to the voter shall clearly express the
7 fact that the voter is not required to vote such remaining
8 ballots but that whether or not he votes them he must fold
9 and deliver them to the judge. In making such statement the
10 judge of election shall not indicate by word, gesture or
11 intonation of voice that the unreturned ballots shall be
12 voted in any particular manner. No new voter shall be
13 permitted to enter the voting booth of a voter who has failed
14 to deliver the total number of ballots received by him until
15 such voter has returned to the voting booth pursuant to the
16 judge's request and again quit the booth with all of the
17 ballots required to be returned by him. Upon receipt of all
18 such ballots the judges of election shall enter the name of
19 the voter, and his number, as above provided in this section,
20 and the judge to whom the ballots are delivered shall
21 immediately put the ballots into the ballot box. If any voter
22 who has failed to deliver all the ballots received by him
23 refuses to return to the voting booth after being advised by
24 the judge of election as herein provided, the judge shall
25 inform the other judges of such refusal, and thereupon the
26 ballot or ballots returned to the judge shall be deposited in
27 the ballot box, the voter shall be permitted to depart from
28 the polling place, and a new voter shall be permitted to
29 enter the voting booth.
30 The judge of election who receives the ballot or ballots
31 from the voter shall announce the residence and name of such
32 voter in a loud voice. The judge shall put the ballot or
33 ballots received from the voter into the ballot box in the
34 presence of the voter and the judges of election, and in
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1 plain view of the public. The judges having charge of such
2 registers shall then, in a column prepared thereon, in the
3 same line of, the name of the voter, mark "Voted" or the
4 letter "V".
5 No judge of election shall accept from any voter less
6 than the full number of ballots received by such voter
7 without first advising the voter in the manner above provided
8 of the necessity of returning all of the ballots, nor shall
9 any such judge advise such voter in a manner contrary to that
10 which is herein permitted, or in any other manner violate the
11 provisions of this section; provided, that the acceptance by
12 a judge of election of less than the full number of ballots
13 delivered to a voter who refuses to return to the voting
14 booth after being properly advised by such judge shall not be
15 a violation of this Section.
16 (Source: P.A. 89-653, eff. 8-14-96.)
17 (10 ILCS 5/18-8) (from Ch. 46, par. 18-8)
18 Sec. 18-8. As soon as the poll of an election shall have
19 been finally closed, the judges of election, in their several
20 precincts, shall immediately, and at the place of the poll,
21 proceed to canvass the vote so cast. Such canvass shall not
22 be adjourned or postponed until it shall have been fully
23 completed, nor until the several statements herein required
24 to be made by the judges shall have been made out and signed
25 by them. The judges of election shall have the right to
26 station one or more police officers or officers of the peace,
27 at such entrance to the room where such canvass is begun, or
28 about to take place, to exclude disorderly persons, and to
29 keep the peace.
30 Where voting machines or electronic voting systems are
31 used, the provisions of this section may be modified as
32 required or authorized by Article 24 or Article 24A,
33 whichever is applicable.
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1 (Source: P.A. 83-333.)
2 (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
3 Sec. 18-9. The judges of election shall first count the
4 whole number of ballots in the box. If the ballots shall be
5 found to exceed the number of applications for ballot, they
6 shall reject the ballots, if any, found folded inside of a
7 ballot. And if the ballots and the applications for ballot
8 still do not agree after such rejection, the ballots shall
9 be replaced in the box and the box closed and well shaken,
10 and again opened; and one of the judges shall publicly draw
11 out so many ballots unopened as shall be equal to such
12 excess. Such excess ballots shall be marked "Excess-Not
13 Counted" and signed by a majority of judges and shall be
14 placed in the "After 6:00 p.m. Defective Ballots Envelope".
15 The number of excess ballots shall be noted in the remarks
16 section of the Certificate of Results. "Excess" ballots
17 shall not be counted in the total of "defective" ballots.
18 And the ballots and applications for ballot being made to
19 agree in this way, the judges shall proceed to count the
20 votes in the following manner: The judges shall open the
21 ballots and place those which contain the same names
22 together, so that the several kinds shall be in separate
23 piles or on separate files. Each of the judges shall examine
24 the separate files which are, or are supposed to be, alike,
25 and exclude from such files any which may have a name or an
26 erasure, or in any manner shall be different from the others
27 of such file. One of the judges shall then take one file of
28 the kind of ballots which contain the same names, and count
29 them by tens, carefully examining each name on each of the
30 ballots. Such judge shall then pass the ten ballots aforesaid
31 to the judge sitting next to him, who shall count them in the
32 same manner, who shall then pass them to a third judge, who
33 shall also count them in the same manner. Then the third
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1 judge shall call the names of the persons named in the ten
2 ballots, and the offices for which they are designated, and 2
3 of the judges, who did not assist in the counting shall tally
4 ten votes for each of such persons, except as herein
5 otherwise provided. When the judges shall have gone through
6 such file of ballots, containing the same names, and shall
7 count them by tens in the same way, and shall call the names
8 of the persons named in the ballots and the office for which
9 they are designated, the tally judges shall tally the votes
10 by tens for each of such persons in the same manner as in the
11 first instance. When the counting of each file of ballots
12 which contain the same names shall be completed, the tally
13 judges shall compare their tallies together and ascertain the
14 total number of ballots of that kind so canvassed; and when
15 they agree upon the number, one of them shall announce it in
16 a loud voice to the other judges. The judges shall then
17 canvass the other kinds of ballots which do not correspond,
18 those containing names partly from one kind of ballots and
19 partly from another, being those from which the name of the
20 person proper to be voted for on such ballots has been
21 omitted or erased, usually called "scratched tickets". They
22 shall be canvassed separately by one of the judges sitting
23 between 2 other judges, which judge shall call each name to
24 the tally judges and the office for which it is designated,
25 and the other judges looking at the ballot at the same time,
26 and the tally judges making tally of the same. When all the
27 ballots have been canvassed in this manner, the tally judges
28 shall compare their tallies together, and ascertain the total
29 number of votes received by each candidate and when they
30 agree upon the numbers one of them shall announce in a loud
31 voice to the judges the number of votes received by each
32 candidate on each of the kinds of ballots containing his
33 name, the number received by him on scratch tickets, and the
34 total number of votes received by him.
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1 The votes for the offices of Governor and Lieutenant
2 Governor shall be counted and tallied jointly.
3 Where voting machines or electronic voting systems are
4 used, the provisions of this section may be modified as
5 required or authorized by Article 24 or Article 24A,
6 whichever is applicable.
7 (Source: P.A. 89-700, eff. 1-17-97.)
8 (10 ILCS 5/18-10) (from Ch. 46, par. 18-10)
9 Sec. 18-10. Each batch of ten ballots counted by the
10 judges of election shall, as soon as counted, read and
11 tallied, be strung upon a strong string, thread or twine in
12 the order in which they have been read; and each batch shall
13 thus be disposed of before the commencement of the count as
14 to the next batch.
15 Where voting machines or electronic voting systems are
16 used, the provisions of this section may be modified as
17 required or authorized by Article 24 or Article 24A,
18 whichever is applicable.
19 (Source: Laws 1965, p. 2220.)
20 (10 ILCS 5/18-11) (from Ch. 46, par. 18-11)
21 Sec. 18-11. Whenever any proposition is submitted to a
22 vote of the people and is printed or written upon the same
23 ticket, with the names of candidates for office, the names,
24 together with such proposition, shall be canvassed in the
25 following manner: All the ballots shall be first separated
26 into 3 piles; the first pile containing all the ballots in
27 favor of such proposition; the second pile containing all the
28 ballots against such proposition, and the third pile
29 containing all the ballots not mentioning such proposition,
30 or being neither for nor against such proposition. Each of
31 the judges shall then examine each pile and see that the
32 separation has been properly made. Then the first pile shall
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1 be counted by tens, and the result announced to the tally
2 judges who shall tally the same by tens. And so the second
3 pile shall be counted, announced and tallied, and likewise
4 the third pile, if necessary. Whereupon the tally judges
5 shall announce to the judges the number of votes for and the
6 number of votes against such proposition. The ballots for or
7 against any proposition submitted shall always be canvassed,
8 counted and tallied after the names of candidates for any
9 office are canvassed, counted or tallied.
10 Where voting machines or electronic voting systems are
11 used, the provisions of this section may be modified as
12 required or authorized by Article 24 or Article 24A,
13 whichever is applicable.
14 (Source: Laws 1965, p. 2220.)
15 (10 ILCS 5/18-13) (from Ch. 46, par. 18-13)
16 Sec. 18-13. When the canvass of the ballots has been
17 completed, and the tally judges have announced to the judges
18 the total number of votes received by each candidate, each of
19 the judges of the election in turn shall then proclaim, in a
20 loud voice, the total number of votes received by each of the
21 persons voted for in such precinct, and the office for which
22 he is designated, and the number of votes for and the number
23 of votes against any proposition which shall have been
24 submitted to a vote of the people. Such proclamation shall be
25 prima facie evidence of the result of the canvass of such
26 ballots.
27 Immediately after making such proclamation the judges
28 shall designate one of their number to go to the nearest
29 telephone and report to the office of the board of election
30 commissioners the result announced in such proclamation. The
31 board of election commissioners shall keep its office open
32 after the close of the polls on the day of any election until
33 it has received from each precinct in the county the report
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1 above provided for. Immediately upon receiving such report
2 the board of election commissioners shall cause the same to
3 be posted in a public place in its office for inspection by
4 the public. Immediately after making such report such judge
5 shall return to the polling place and the judges shall
6 proceed with their duties prescribed in this Code.
7 Where voting machines or electronic voting systems are
8 used, the provisions of this section may be modified as
9 required or authorized by Article 24 or Article 24A,
10 whichever is applicable.
11 (Source: P.A. 81-1433.)
12 (10 ILCS 5/18-14) (from Ch. 46, par. 18-14)
13 Sec. 18-14. The judges of election shall make duplicate
14 statements of the result of the canvass, which shall be
15 written or partly written and partly printed. Each of the
16 statements shall contain a caption stating the day on which,
17 and the number of the election precinct and the ward, city
18 and county, in relation to which such statements shall be
19 made, and the time of opening and closing of the polls of
20 such election precinct. It shall also contain a statement
21 showing the whole number of votes given for each person,
22 designating the office for which they were given, which
23 statement shall be written, or partly written and partly
24 printed, in words at length; and in case a proposition of any
25 kind has been submitted to a vote at such election, such
26 statements shall also show the whole number of votes cast for
27 or against such proposition, written out or partly written
28 and partly printed, in words at length, and at the end
29 thereof a certificate that such statement is correct in all
30 respects; which certificate, and each sheet of paper forming
31 part of the statement, shall be subscribed by the judges. If
32 any judge shall decline to sign such return, he shall state
33 his reason therefor in writing, and a copy thereof, signed by
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1 himself, shall be enclosed with each return. Each of the
2 statements shall be enclosed in an envelope, which shall then
3 be securely sealed with sealing wax or other adhesive
4 material; and each of the judges shall write his name across
5 every fold at which the envelope, if unfastened, could be
6 opened. One of the envelopes shall be directed to the county
7 clerk and one to the comptroller of the city, or to the
8 officer of such city whose duties correspond with those of
9 comptroller. The judges of election shall make quadruplicate
10 sets of tallies, and each set of tallies shall also be signed
11 by the judges of the election. If, however, the number of
12 established political parties, as defined in Section 10-2,
13 exceeds 2, one additional set of tallies shall be made and
14 signed for each established political party in excess of 2.
15 Each set shall be enclosed in an envelope, securely sealed
16 and signed in like manner; and one of the envelopes shall be
17 directed on the outside to the election commissioners and the
18 other to the city, village or town clerk; the other two
19 envelopes shall be addressed, respectively, to the chairmen
20 of the county central committees of the established political
21 parties. On the outside of every envelope shall be endorsed
22 whether it contains the statements of the votes cast or the
23 tallies, and for what precinct and ward, village or town.
24 However, in those jurisdictions where electronic voting
25 systems utilizing in-precinct counting equipment are used,
26 one such envelope shall be transmitted to the chairman of the
27 county central committee of each established political party
28 and 2 such envelopes shall be transmitted to the board of
29 election commissioners.
30 Where voting machines or electronic voting systems are
31 used, the provisions of this Section may be modified as
32 required or authorized by Article 24 or Article 24A,
33 whichever is applicable.
34 At the nonpartisan and consolidated election elections,
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1 the judges of election shall make a tally sheet and
2 certificate of results for each political subdivision as to
3 which candidates or public questions are on the ballot at
4 such election, except where such votes are to be canvassed by
5 the board of election commissioners or by the city canvassing
6 board provided in Section 22-8. The judges shall sign, seal
7 in a marked envelope and deliver them to the county clerk
8 with the other certificates of results herein required. Such
9 tally sheets and certificates of results may be duplicates of
10 the tally sheet and certificate of results otherwise required
11 by this Section, showing all votes for all candidates and
12 public questions voted for or upon in the precinct, or may be
13 on separate forms prepared by the election authority and
14 showing only those votes cast for candidates and public
15 questions of each such political subdivision.
16 Within 2 days of delivery of complete returns of the
17 consolidated election and nonpartisan elections, the board of
18 election commissioners shall transmit an original, sealed
19 tally sheet and certificate of results from each precinct in
20 its jurisdiction in which candidates or public questions of a
21 political subdivision were on the ballot to the local
22 election official of such political subdivision where a local
23 canvassing board is designated to canvass such votes. Each
24 local election official, within 24 hours of receipt of all of
25 the tally sheets and certificates of results for all
26 precincts in which candidates or public questions of his
27 political subdivision were on the ballot, shall transmit such
28 sealed tally sheets and certificates of results to the
29 canvassing board for that political subdivision.
30 In the case of referenda for the formation of a political
31 subdivision the tally sheets and certificates of results
32 shall be transmitted by the board of election commissioners
33 to the circuit court that ordered the proposition submitted
34 or to the officials designated by the court to conduct the
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1 canvass of votes. In the case of school referenda for which a
2 regional superintendent of schools is responsible for the
3 canvass of votes, the board of election commissioners shall
4 transmit the tally sheets and certificates of results to the
5 regional superintendent.
6 (Source: P.A. 82-1014.)
7 (10 ILCS 5/18-16) (from Ch. 46, par. 18-16)
8 Sec. 18-16. Thereupon one of the judges of election shall
9 take charge of the poll books and the key to the ballot box.
10 Two of the judges shall each take one of the statements of
11 the votes cast into his possession sealed up in the envelopes
12 as aforesaid, and each of the remaining 2 judges shall take
13 one of the tally sheets sealed up in the envelopes as
14 aforesaid. Thereupon the judge having possession of such poll
15 books shall immediately deliver the poll books to the Board
16 of Election Commissioners, or to the person or persons
17 delegated by the board to receive such envelopes, and at such
18 place or places within the area served by the board as
19 pre-determined by the board, with the seal unbroken and shall
20 receive a receipt therefor; and the other judges shall
21 immediately deliver the statements and tallies so in their
22 possession respectively, to the respective officers to whom
23 addressed as aforesaid and who, by this Act, are entitled to
24 receive the same, and when delivered, each one shall take a
25 receipt from the officer to whom delivered. Such envelopes
26 shall be delivered to such officers or their duly authorized
27 and appointed representatives, at the time and place where
28 such envelopes are delivered to the Board of Election
29 Commissioners or its designated receiving stations as
30 pre-determined by the board, as hereinabove provided for. And
31 none of them shall receive pay for their services as such
32 judges without the production of the receipts so given them
33 by the officers as aforesaid. It shall be the duty of the
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1 respective officers so designated, to whom such statements
2 and tallies are ordered to be delivered, to receive the same,
3 and to safely keep under lock and key until ordered to be
4 surrendered as herein provided; and the Board of Election
5 Commissioners shall safely keep such poll books under lock
6 and key for one year.
7 Where voting machines or electronic voting systems are
8 used, the provisions of this Section may be modified as
9 required or authorized by Article 24 or Article 24A,
10 whichever is applicable.
11 (Source: P.A. 76-1309.)
12 (10 ILCS 5/18-40)
13 Sec. 18-40. Precinct tabulation optical scan technology
14 voting equipment.
15 If the election authority has adopted the use of Precinct
16 Tabulation Optical Scan Technology voting equipment pursuant
17 to Article 24 Article 24B of this Code, and the provisions of
18 the Article are in conflict with the provisions of this
19 Article 18, the provisions of Article 24 Article 24B shall
20 govern the procedures followed by the election authority, its
21 judges of elections, and all employees and agents. In
22 following the provisions of Article 24 Article 24B, the
23 election authority is authorized to develop and implement
24 procedures to fully utilize Precinct Tabulation Optical Scan
25 Technology voting equipment authorized by the State Board of
26 Elections as long as the procedure is not in conflict with
27 either Article 24 Article 24B or the administrative rules of
28 the State Board of Elections.
29 (Source: P.A. 89-394, eff. 1-1-97.)
30 (10 ILCS 5/19-15)
31 Sec. 19-15. Precinct tabulation optical scan technology
32 voting equipment.
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1 If the election authority has adopted the use of Precinct
2 Tabulation Optical Scan Technology voting equipment pursuant
3 to Article 24 Article 24B of this Code, and the provisions of
4 the Article are in conflict with the provisions of this
5 Article 19, the provisions of Article 24 Article 24B shall
6 govern the procedures followed by the election authority, its
7 judges of elections, and all employees and agents. In
8 following the provisions of Article 24 Article 24B, the
9 election authority is authorized to develop and implement
10 procedures to fully utilize Precinct Tabulation Optical Scan
11 Technology voting equipment authorized by the State Board of
12 Elections as long as the procedure is not in conflict with
13 either Article 24 Article 24B or the administrative rules of
14 the State Board of Elections.
15 (Source: P.A. 89-394, eff. 1-1-97.)
16 (10 ILCS 5/20-15)
17 Sec. 20-15. Precinct tabulation optical scan technology
18 voting equipment.
19 If the election authority has adopted the use of Precinct
20 Tabulation Optical Scan Technology voting equipment pursuant
21 to Article 24 Article 24B of this Code, and the provisions of
22 the Article are in conflict with the provisions of this
23 Article 20, the provisions of Article 24 Article 24B shall
24 govern the procedures followed by the election authority, its
25 judges of elections, and all employees and agents. In
26 following the provisions of Article 24 Article 24B, the
27 election authority is authorized to develop and implement
28 procedures to fully utilize Precinct Tabulation Optical Scan
29 Technology voting equipment authorized by the State Board of
30 Elections as long as the procedure is not in conflict with
31 either Article 24 Article 24B or the administrative rules of
32 the State Board of Elections.
33 (Source: P.A. 89-394, eff. 1-1-97.)
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1 (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
2 Sec. 24-1. Election authorities may employ, for the
3 purpose of casting and counting votes, mechanical or
4 electronic voting systems, or both, without limit as to kind
5 but only in accordance with the provisions of this Code and
6 as approved by the State Board of Elections. The election
7 authority in all jurisdictions when voting systems machines
8 are used shall, except as otherwise provided in this Code,
9 provide a voting machine or voting system machines for any or
10 all of the election precincts or election districts, as the
11 case may be, for which the election authority is by law
12 charged with the duty of conducting an election or elections;
13 provided that paper ballots may be used in accordance with
14 rules of the State Board of Elections. Voting systems A
15 voting machine or machines sufficient in number to provide a
16 machine for each 400 voters or fraction thereof shall be
17 supplied for use at all elections in numbers that shall be
18 prescribed by rule of the State Board of Elections. However,
19 no such voting system or part of a system machine shall be
20 offered for sale, used, purchased, or adopted until the State
21 Board of Elections has approved the system or part of a
22 system for use in accordance with rules prescribed by the
23 State Board of Elections. The State Board of Elections shall
24 not accept for testing or approve any system or part of a
25 system that has not first been evaluated by an independent
26 testing laboratory or laboratories for performance and
27 reliability using the standards that may from time to time
28 be promulgated by the United States Federal Election
29 Commission. Voting systems must afford board of voting
30 machine commissioners hereinafter provided for, or a majority
31 thereof, shall have made and filed a report certifying that
32 they have examined such machine; that it affords each elector
33 an opportunity to vote: (1) in absolute secrecy; (2) for that
34 it enables each elector to vote a ticket that represents the
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1 voter's choices and only those choices, whether they are from
2 the candidates of a single party, candidates of multiple
3 parties, or independent candidates, or any mix thereof; (3)
4 for a person whose name does not appear on the ballot but
5 selected in part from the nominees of one party, and in part
6 from the nominees of any or all other parties, and in part
7 from independent nominees printed in the columns of
8 candidates for public office, and in part of persons not in
9 nomination by any party or upon any independent ticket; that
10 it enables each elector to vote a written or printed ballot
11 of his own selection, for any person for any office for whom
12 he may desire to vote; (4) that it enables each elector to
13 vote for all candidates for whom he is entitled to vote but
14 must prevent either the casting or the counting of a vote,
15 and prevents him from voting for any candidate for any office
16 more than once, unless the voter he is lawfully entitled to
17 cast more than one vote for one candidate, and in that event
18 permits him to cast only as many votes for that candidate as
19 he is by law entitled, and no more; and (5) that it prevents
20 the elector from voting for no more than one person for the
21 same office, unless the voter he is lawfully entitled to vote
22 for more than one person therefore, and in that event must
23 permit permits him to vote for as many persons for that
24 office as he is by law entitled, and no more. Each voting
25 system must: ; and that such machine will register correctly
26 by means of exact counters every vote cast for the regular
27 tickets thereon; must possess and has the capacity to contain
28 the tickets of at least 12 5 political parties for a single
29 office with the names of all the candidates thereon, together
30 with all propositions in the form provided by law, where such
31 form is prescribed, and where no such provision is made for
32 the form thereof, then in brief form, not to exceed 75 words;
33 that all votes cast on the machine on a regular ballot or
34 ballots shall be registered; that voters may, by means of
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1 irregular ballots or otherwise vote for any person for any
2 office, although such person may not have been nominated by
3 any party and his name may not appear on such machine; that
4 when a vote is cast for any person for any such office, when
5 his name does not appear on the machine, the elector cannot
6 vote for any other name on the machine for the same office;
7 that each elector can, understandingly and within the period
8 of 4 minutes cast his vote for all candidates of his choice;
9 that the machine is so constructed that the candidates for
10 presidential electors of any party can be voted for only by
11 voting for the ballot label containing a bracket within which
12 are the names of the candidates for President and
13 Vice-President of the party or group; that the machine is
14 provided with a lock or locks by the use of which any
15 movement of the voting or registering mechanism is absolutely
16 prevented so that it cannot be tampered with or manipulated
17 for any purpose; that the machine is susceptible of being
18 closed during the progress of the voting so that no person
19 can see or know the number of votes registered for any
20 candidate; and must allow that each voter elector is
21 permitted to vote for or against any question, proposition or
22 amendment upon which he is entitled to vote, and either
23 prevent is prevented the voter from voting for or against any
24 question, proposition or amendment upon which he is not
25 entitled to vote or disregard the vote if the voter attempts
26 to cast it. Voting systems that do not use ballot cards or
27 ballot sheets must be capable of producing at least one paper
28 copy of the votes cast verified by each voter using the
29 system and must be equipped with either a ballot simulation
30 system or a port for the connection of other electronic data
31 processing components that will provide ballot simulation for
32 the purpose of testing large numbers of preaudited test
33 ballots.; that the machine is capable of adjustment by the
34 election authority, so as to permit the elector, at a party
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1 primary election, to vote only for the candidates seeking
2 nomination by the political party in which primary he is
3 entitled to vote: Provided, also that no such machine or
4 machines shall be purchased, unless the party or parties
5 making the sale shall guarantee in writing to keep the
6 machine or machines in good working order for 5 years without
7 additional cost and shall give a sufficient bond conditioned
8 to that effect.
9 (Source: P.A. 89-700, eff. 1-17-97.)
10 (10 ILCS 5/24-1.12 new)
11 Sec. 24-1.12. Definitions. As used in this Act, unless
12 the context requires otherwise:
13 "Ballot card" means an electronically or mechanically
14 readable card on which voter choices are recorded by punching
15 out a portion of the card.
16 "Ballot label page" means the printed page upon which the
17 candidates and propositions to be voted on appear in voting
18 devices that employ a separate card for the recording of
19 votes.
20 "Ballot sheet" means the card or paper upon which the
21 candidates and propositions to be voted on appear in devices
22 that require the voter to mark his or her choice directly on
23 the card or paper.
24 "Central counting" means the counting of ballots in one
25 or more locations selected by the election authority for the
26 processing or counting, or both, of ballots. A location for
27 central counting shall be within the territorial jurisdiction
28 of the election authority unless there is no suitable vote
29 tabulating equipment available within the jurisdiction's
30 territory. However, in any event a counting location shall
31 be within this State.
32 "Computer log" means the record of all actions performed
33 on the voting system programs that prepare, cast, examine,
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1 tabulate, secure, canvass, report, and print the votes
2 recorded by a voter on a ballot.
3 "Computer operator" means any person or persons
4 designated by the election authority to operate the vote
5 tabulation device during any portion of the vote tallying
6 process in an election but shall not include judges of
7 election operating a vote tabulation device in the precinct
8 polling place.
9 "Computer operator's log" or "tabulation log" means the
10 record of all actions performed during the vote counting and
11 canvass process and shall include but not be limited to: (1)
12 alterations made to programs associated with the counting or
13 canvass process; (2) console messages relating to the program
14 or programs and respective responses; (3) the starting time
15 for each precinct counted, the number of ballots counted, any
16 vote tabulation device or counting problems, and, insofar as
17 possible, the number of unprocessable ballots and invalid
18 security codes; and (4) changes or repairs, or both, made to
19 the vote tabulation device during the counting and canvass
20 process.
21 "Computer program" or "program" means the set or sets of
22 operating instructions used within a voting system to
23 prepare, cast, examine, tabulate, secure, canvass, report,
24 and print the votes recorded by a voter on a ballot.
25 "Device" or "voting device" means a self-contained
26 electronically or mechanically operated piece of equipment
27 used for the casting and tabulating of votes, whether or not
28 connected to a central data collection or tabulation point.
29 "Display" means the screen or surface upon which appear
30 the names of candidates and the propositions to be voted on
31 in systems that do not use ballot cards or ballot sheets.
32 "In-precinct" means the tabulating of votes and the
33 public announcement of vote totals in the polling place
34 where the votes were cast, irrespective of whether vote
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1 totals may be cumulated or the official proclamation of
2 results made.
3 "Redundant count" means a verification of the original
4 vote tabulation device count by another compatible vote
5 tabulation device or by hand as part of a discovery recount.
6 "Security designation" means a punched or printed
7 designation on a ballot card or ballot sheet or an
8 electronically readable code otherwise incorporated into a
9 device to identify to the voting device or vote tabulation
10 device, or both, the officers and propositions for which
11 votes may be cast and to indicate the manner in which votes
12 cast should be tabulated while negating and accounting for
13 any inadmissable votes.
14 "System" or "voting system" means a voting device or a
15 combination of manually, mechanically, and electronically
16 operated pieces of equipment used for the preparing, casting,
17 examining, counting, securing, and tabulating of votes or
18 ballots and for cumulating and reporting election results.
19 "Vote tabulation device" means the combination of the
20 mechanical or electrical equipment and programs used to
21 count, tabulate, cumulate, canvass, secure, and report the
22 votes cast by a voter and shall include but not be limited to
23 ballot card and ballot sheet in-precinct tabulators, voting
24 device tabulators that are either connected to or contained
25 within the device, and central counting tabulators or a
26 combination thereof.
27 "Voting system component" means an element serving as one
28 of the parts of a voting system, including but not limited to
29 the ballots, voting devices, ballot booths, electronic and
30 mechanical tabulators, ballot boxes, display screens,
31 programs, and marking or punching instruments.
32 (10 ILCS 5/24-2.5 new)
33 Sec. 24-2.5. Approval of existing devices; approval of
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1 new devices. Mechanical and electronic voting systems in use
2 on the effective date of this amendatory Act of the 92nd
3 General Assembly shall be deemed to conform to the
4 requirements of this Code for those jurisdictions in which
5 they are in use on that effective date so long as they remain
6 in use and unmodified.
7 The State Board of Elections shall examine and test each
8 device proposed for sale to election authorities in Illinois
9 to determine if it meets the requirements of this Article.
10 (10 ILCS 5/24-2.10 new)
11 Sec. 24-2.10. Voting booths. In precincts where a voting
12 system is used, a sufficient number of voting booths shall be
13 provided for the use of the systems according to the
14 requirements determined by the State Board of Elections, and
15 the booths shall be arranged in the same manner as provided
16 for use with paper ballots. Each booth shall be placed so
17 that the entrance to each booth faces a wall in such a manner
18 that no judge of election, pollwatcher, or other voter is
19 able to observe a voter casting a ballot.
20 Whenever at a primary election at which a voting system
21 is used there is also an election for officers or on
22 propositions in which qualified voters have the right to vote
23 without participating in the primary of any party, a separate
24 voting booth may be provided for those voters who do not wish
25 to participate in the primary of any party. The separate
26 voting booth shall contain a voting device containing only
27 those offices and propositions on which voters are entitled
28 to vote. Nothing in this Section shall require the use of a
29 separate voting booth for such voters if the voting system is
30 capable of presenting the voter a proper ballot upon
31 instruction or programming to do so by a judge of election.
32 (10 ILCS 5/24-2.15 new)
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1 Sec. 24-2.15. Instruction of voters; instruction-model;
2 partiality to political party; manner of instruction. For the
3 instruction of voters on election day, the election authority
4 in charge of the election shall provide at each polling place
5 one instruction-model voting system or the part of the system
6 used for the casting of votes. Each instruction-model shall
7 show the arrangement of party rows, office columns, and
8 questions. The model shall be located at a place that voters
9 must pass to reach an official voting booth used in the
10 actual casting of votes.
11 Before entering the voting booth each voter shall be
12 offered instruction in the operation of the device by use of
13 the instruction-model, and the voter shall be given ample
14 opportunity to operate the model by himself or herself. In
15 instructing voters, no judge of election or other person
16 present may show partiality to any political party. The
17 duties of instruction shall be discharged by a judge from
18 each of the political parties represented, and they shall
19 alternate serving as instructor so that each judge shall
20 serve a like time at those duties. No instructions may be
21 given while the voter is in the voting booth.
22 No judge of election, or person instructing or assisting
23 a voter may in any manner request, suggest, or seek to
24 persuade or induce any voter to cast a vote for any
25 particular ticket, candidate, amendment, or proposition. All
26 instructions shall be given by judges of election in such a
27 manner that it may be observed by other persons in the
28 polling place.
29 (10 ILCS 5/24-2.20 new)
30 Sec. 24-2.20. Ballot information; arrangement;
31 electronic voting device; absentee ballots; spoiled ballots.
32 The ballot information on the device shall, as far as
33 possible, be in the order of arrangement provided for paper
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1 ballots, except that the information may be in vertical or
2 horizontal rows or on a number of separate pages or screens.
3 Ballots for all propositions to be voted on must be provided
4 in the same manner and must be arranged within the device in
5 places provided for those purposes.
6 Where the voting system employs any form of visual
7 presentation of candidates and issues to be voted on, ballot
8 label pages, ballot sheets, or displays for candidates shall
9 be set against a white background, except that in primary
10 elections the background for the candidates of each
11 respective political party shall be of the colors designated
12 by the election authority in charge of the election for that
13 political party's candidates; provided that blue may be used
14 as the background color only of constitutional amendment
15 referenda. The background color for judicial retention
16 ballots on all systems using a visual presentation shall be
17 green, and the background for all propositions shall be of
18 some other distinct and different color. Nothing in this
19 Section shall require that a voting system employ a visual
20 presentation of the ballot of any kind.
21 If the system permits the voter to vote both for
22 candidates for office and for propositions, the election
23 authority in charge of the election shall cause the portion
24 of the system that presents the ballot to be apportioned
25 between the candidates and propositions and shall plainly
26 indicate by means appropriate to the nature of the system the
27 division between "Candidates" and "Propositions". However,
28 the portion of the ballot concerning the calling of a
29 constitutional convention or constitutional amendments shall
30 be identified by the words "Constitutional Ballot", and the
31 presentation of the constitutional ballot shall precede the
32 presentation of candidates by the system.
33 Absentee ballots may be cast on ballot cards, ballot
34 sheets, or, when in accordance with rules of the State Board
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1 of Elections, on paper ballots. When a ballot card is used
2 for voting by mail, it must be accompanied by a punching tool
3 or other appropriate marking device, voter instructions, and
4 a specimen ballot showing the proper positions to vote on the
5 ballot card or ballot sheet for each party, candidate, and
6 proposition, and the ballot card must be mounted on a
7 suitable material to receive the punched out card. When a
8 ballot sheet is used, it must be accompanied by a specimen
9 ballot, an approved marking instrument, and voter
10 instructions. Absentee ballots shall be counted centrally.
11 (10 ILCS 5/24-2.25 new)
12 Sec. 24-2.25. Preparation for use; operational checks of
13 devices; pollwatchers. The election authority shall cause
14 the systems or vote casting parts of systems to be put in
15 order, set, adjusted, tested, and made ready for voting when
16 delivered to the polling places.
17 In addition, in those polling places where systems are
18 used to cast and count votes in the precinct polling place,
19 the judges of election shall make an operational check of the
20 systems before the opening of the polls. The judges shall
21 determine that the totals are all zeroes in the count column
22 on the printing unit.
23 Pollwatchers as provided by law shall be permitted to
24 closely observe the judges in these procedures and to
25 periodically inspect the voting system when not in use by the
26 voters.
27 (10 ILCS 5/24-2.30 new)
28 Sec. 24-2.30. Testing of equipment and program; custody
29 of programs, test materials, and ballots. Prior to the public
30 test, the election authority shall conduct an errorless
31 pre-test of the voting system, including all devices, to
32 ascertain that it or they will correctly count the votes cast
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1 for all offices and propositions. On any day not less than 5
2 days prior to the election day, the election authority shall
3 publicly test the voting system to demonstrate that it will
4 correctly count the votes cast for all offices and on all
5 propositions. Public notice of the time and place of the
6 test shall be given at least 48 hours prior thereto by
7 publication once in one or more newspapers published within
8 the election jurisdiction of the election authority if a
9 newspaper is published therein, otherwise in a newspaper of
10 general circulation therein. Timely written notice stating
11 the date, time, and location of the public test shall also be
12 provided to the State Board of Elections. The test shall be
13 open to representatives of the political parties, the press,
14 representatives of the State Board of Elections, and the
15 public. The test shall be conducted by processing a
16 preaudited group of ballots so punched or marked, where
17 applicable, as to record a predetermined number of valid
18 votes for each candidate and on each proposition and shall
19 include for each office one or more ballots that have votes
20 in excess of the number allowed by law in order to test the
21 ability of the voting system to prevent or reject such
22 votes. In those election jurisdictions where in-precinct
23 devices are utilized, a public test of the voting devices
24 shall be conducted as nearly as possible in the manner
25 prescribed in this Section. The State Board of Elections may
26 select as many election jurisdictions as the Board deems
27 advisable in the interests of the election process of this
28 State in which to order a special test of the voting systems
29 prior to any regular election. The Board may order a special
30 test in any election jurisdiction where, during the preceding
31 12 months, computer programming errors or other errors in the
32 use of voting systems resulted in vote tabulation errors.
33 Not less than 30 days prior to any election, the State Board
34 of Elections shall provide written notice to those selected
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1 jurisdictions of its intent to conduct a test. Within 5 days
2 after receipt of the State Board of Elections' written notice
3 of intent to conduct a test, the selected jurisdictions shall
4 forward to the principal office of the State Board of
5 Elections a copy of all specimen ballots. The State Board of
6 Elections' tests shall be conducted and completed not less
7 than one day prior to the public test utilizing testing
8 materials supplied by the Board and under the supervision of
9 the Board. After an errorless public test, materials used in
10 the public test, including the program, if appropriate, shall
11 be sealed and remain sealed until the test is conducted again
12 on election day. If any error is detected, the cause
13 therefor shall be ascertained and corrected and an errorless
14 public test shall be made before the system may be used at
15 the election. Each election authority shall file a sealed
16 copy of each tested program to be used within its
17 jurisdiction at an election with the State Board of Elections
18 prior to the election. The Board shall secure the program or
19 programs of each election jurisdiction so filed in its office
20 for the 60 days following the canvass and proclamation of
21 election results. Upon the expiration of that time, if no
22 election contest or appeal therefrom is pending in an
23 election jurisdiction, the Board shall return the sealed
24 program or programs to the election authority of the
25 jurisdiction. Except where in-precinct vote tabulation
26 devices are utilized, the test shall be repeated immediately
27 before the start of the official count of the ballots, in the
28 same manner as set forth in this Section. After the
29 completion of the count, the test shall be re-run using the
30 same program and materials. Immediately thereafter the
31 ballots, all materials employed in testing the program, and
32 the program shall be sealed and retained under the custody of
33 the election authority for a period of time specified by
34 State Board of Elections rule. At the expiration of that
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1 time the election authority shall destroy the voted paper
2 copies, ballot cards, ballot sheets, and data files
3 generated by the voting system, together with all unused
4 ballots returned from the precincts. If any contest of
5 election is pending at that time in which the ballots may be
6 required as evidence and the election authority has notice
7 thereof, the same shall not be destroyed until after the
8 contest is finally determined. If the use of back-up
9 equipment becomes necessary at any time during counting of
10 ballots, the same testing required for the original equipment
11 shall be conducted.
12 (10 ILCS 5/24-2.35 new)
13 Sec. 24-2.35. Counting of ballots by the election
14 authority. The procedure for tabulating the votes by the
15 voting system shall be under the direction of the election
16 authority and shall conform to the requirements of the voting
17 system. During any election-related activity utilizing the
18 voting system, the election authority shall make a reasonable
19 effort to dedicate the equipment to vote processing so as to
20 ensure the security and integrity of the system.
21 A reasonable number of pollwatchers shall be admitted to
22 the counting location. Persons may observe the tabulating
23 process at the discretion of the election authority;
24 however, at least one representative of each established
25 political party and authorized agents of the State Board of
26 Elections shall be permitted to observe this process at all
27 times. No persons except those employed and authorized for
28 the purpose shall touch any ballot, ballot box, return, or
29 equipment.
30 The computer operator shall be designated by the election
31 authority and shall be sworn as a deputy of the election
32 authority. In conducting the vote tabulation and canvass,
33 the computer operator must maintain a log that shall include
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1 the following information:
2 (1) alterations made to programs associated with
3 the vote counting or canvassing process;
4 (2) if applicable, console messages relating to the
5 program and the respective responses made by the
6 operator;
7 (3) the starting time for each precinct counted,
8 the number of ballots counted for each precinct, any
9 equipment problems, vote tabulation or counting problems,
10 and, insofar as possible, the number of invalid security
11 codes or unprocessable ballots encountered during that
12 count; and
13 (4) changes and repairs made to the equipment
14 during the vote tabulation and canvass.
15 The computer operator's log and canvass shall be
16 available for public inspection in the office of the election
17 authority for a period of 60 days following the proclamation
18 of election results. A copy of the computer operator's log
19 and the canvass shall be transmitted to the State Board of
20 Elections upon its request and at its expense.
21 Election authorities may count ballots at one or more
22 central locations or in the precinct where the votes are
23 cast. If ballots are to be counted at a central location, the
24 device, or a data medium bearing the file of the votes cast,
25 ballot cards, or ballot sheets, as the case may be, shall be
26 secured and sealed by the election judges and transported by
27 them to the central counting location. Prior to transporting
28 the materials, the election judges of the precinct shall
29 examine ballot cards and ballot sheets for signatures of the
30 judges, count the number of ballots, and reconcile the number
31 of ballots with the number of ballot applications. Two
32 election judges, not of the same political party, shall
33 transport the device or its data medium, ballot cards, or
34 ballot sheets to the central location.
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1 At the central location, one or more teams of election
2 judges equally divided between members of the 2 leading
3 political parties, appointed for the purpose or recruited
4 from among the election judges working in the polling places,
5 shall (i) open the ballot materials; (ii) examine the ballot
6 cards or sheets for write-in votes; (iii) where the voter's
7 intent is discernible, remake the ballots that are damaged or
8 unable to be counted; and (iv) process the ballots, devices,
9 or data media through the tabulating equipment. Pollwatchers
10 as provided by law from each precinct whose ballots are to be
11 counted shall be permitted to closely observe the judges in
12 these procedures while the ballots of the precinct in which
13 they serve are being counted. Devices may be linked by a
14 secure telephone line for tabulation at a central location.
15 In those cases, pollwatchers may observe the transmission and
16 tabulating procedures both at the polling place and in the
17 central counting location.
18 When ballots are to be counted in the precinct where they
19 are cast, the judges of election shall (i) open the ballot
20 box, if one has been used; (ii) examine the ballot cards or
21 sheets, if any are used, for write-in votes; (iii) where the
22 voter's intent is discernible, remake ballots that are
23 damaged or unable to be counted; and (iv) process the ballots
24 through the tabulating equipment, if that is required by the
25 device used by the election authority. Devices that do not
26 require the use of a ballot box shall be operated by the
27 judges of election to produce printed totals of the votes
28 cast on the device. Judges of election shall identify and
29 examine write-in votes as part of the procedure. Pollwatchers
30 as provided by law from each precinct whose ballots are to be
31 counted shall be permitted to closely observe the judges in
32 these procedures.
33 All absentee ballots shall be counted at a central
34 location pursuant to Sections 19-8 and 20-8.
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1 Each election authority shall ensure that voting systems
2 are operated in accordance with law and the rules adopted for
3 the security and integrity of the electoral process. The
4 State Board of Elections shall prescribe standards and
5 procedures for the use of the system, including the casting
6 and counting of ballots, the tabulation of vote totals, and
7 the care and security of the device as part of the process
8 for approval of the voting device.
9 (10 ILCS 5/24-2.40 new)
10 Sec. 24-2.40. Official return of precinct; check of
11 totals; retabulation. The precinct return printed by the
12 vote tabulation device shall include the number of ballots
13 cast and votes cast for each candidate and proposition and
14 shall constitute the official return of each precinct. In
15 addition to the precinct return, the election authority shall
16 provide the number of applications for ballots in each
17 precinct, the write-in votes, the total number of ballots
18 counted in each precinct for each political subdivision and
19 district, and the number of registered voters in each
20 precinct. However, the election authority shall check the
21 totals shown by the precinct return and, if there is an
22 obvious discrepancy with respect to the total number of votes
23 cast in any precinct, shall have the ballots for that
24 precinct retabulated to correct the return. The procedures
25 for retabulation shall apply prior to and after the
26 proclamation is completed; however, after the proclamation
27 of results, the election authority must obtain a court order
28 to unseal voted ballots except for election contests and
29 discovery recounts. Whenever a discrepancy exists during the
30 canvass of votes between the unofficial results and the
31 certificate of results, or whenever a discrepancy exists
32 during the canvass of votes between the certificate of
33 results and the set of totals that has been affixed to the
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1 certificate of results, the ballots for that precinct shall
2 be retabulated to correct the return. In jurisdictions where
3 ballots are counted in-precinct, prior to the proclamation of
4 the results of the election the election authority shall
5 retabulate the total number of votes cast in 5% of the
6 precincts within the election jurisdiction. The State Board
7 of Elections shall design a standard and scientific random
8 method of selecting the precincts that are to be retabulated.
9 Retabulation shall consist of counting the votes that were
10 originally counted or examining the paper copy of votes cast
11 in cases when voting systems are used that produce a paper
12 copy and shall not involve any determination as to which
13 votes were, in fact, properly counted. The ballots from the
14 precincts selected for the retabulation shall remain at all
15 times under the custody and control of the election authority
16 and shall be transported and retabulated by the designated
17 staff of the election authority.
18 As part of the retabulation, the election authority shall
19 test the computer program in the selected precincts. The
20 test shall be conducted by processing or simulating a
21 preaudited group of ballots consisting of a predetermined
22 number of valid votes for each candidate and on each
23 proposition and shall include for each office one or more
24 ballots that have votes in excess of the number allowed by
25 law in order to test the ability of the equipment to reject
26 those votes. If any error is detected, the cause therefor
27 shall be ascertained and an official retabulation shall be
28 made prior to the official canvass and proclamation of
29 election results.
30 The State Board of Elections, the State's Attorney, other
31 appropriate law enforcement agencies, the county chairman of
32 each established political party, and qualified civic
33 organizations shall be given prior written notice of the time
34 and place of the retabulation and may be represented at the
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1 retabulation.
2 (10 ILCS 5/24-2.45 new)
3 Sec. 24-2.45. Discovery recounts and election contests.
4 Except as provided in this Section, discovery recounts and
5 election contests shall be conducted as otherwise provided in
6 this Code. The voting devices shall be tested prior to the
7 discovery recount or election contest as provided in Section
8 24-2.30, and then the official ballots or ballot cards shall
9 be recounted on the device if the device uses ballot cards or
10 sheets. The ballot cards or sheets shall be checked for the
11 presence or absence of judges' initials and other
12 distinguishing marks. The ballot card or sheets marked
13 "Rejected", "Defective", "Objected to", and "Absentee Ballot"
14 shall be examined to determine the propriety of the labels
15 and shall be compared with their respective originals to
16 determine the correctness of the duplicates. The "Duplicate
17 Absentee Ballots", "Duplicate Overvoted Ballots", and
18 "Duplicate Damaged Ballots" shall be compared with their
19 respective originals to determine the correctness of the
20 duplicates. Where devices that do not use ballot cards or
21 sheets have been used, the paper copies of votes cast shall
22 be examined and compared with printed vote totals produced by
23 the device.
24 Any person who has filed a petition for discovery recount
25 may request that a redundant count be conducted in those
26 precincts in which the discovery recount is being conducted.
27 The additional costs of a redundant count shall be borne by
28 the requesting party.
29 The log of the computer operator and all materials
30 retained by the election authority in relation to vote
31 tabulation and canvass shall be made available for any
32 discovery recount or election contest.
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1 (10 ILCS 5/24-2.50 new)
2 Sec. 24-2.50. Rules; number of voting booths. The State
3 Board of Elections may make reasonable rules for the
4 administration of this Article and may prescribe the number
5 of voting booths required for the various types of voting
6 devices.
7 (10 ILCS 5/24-2.55 new)
8 Sec. 24-2.55. Specimen ballot labels; publication. When
9 a mechanical or electronic voting device is used, the
10 election authority shall cause to be published, at least 5
11 days before the day of each general and general primary
12 election, in 2 or more newspapers published in and having a
13 general circulation in the county, a true and legible copy of
14 the specimen ballot label containing the offices, names of
15 candidates, and propositions to be voted on, as near as may
16 be, in the form in which they will appear on the device on
17 election day. The true legible copy may be in the form of an
18 actual duplicate of the ballot as it will appear on the
19 device and shall be published as required by this Section if
20 distributed as an insert in 2 or more newspapers published in
21 and having a general circulation in the county. For each
22 election prescribed in Article 2A, the specimen ballots shall
23 be made available for public distribution and shall be
24 supplied to the judges of election for posting in the polling
25 place on the day of election. Notice for the consolidated
26 election shall be given as provided in Article 12.
27 (10 ILCS 5/24-1.1 rep.)
28 (10 ILCS 5/24-1.2 rep.)
29 (10 ILCS 5/24-2 rep.)
30 (10 ILCS 5/24-3 rep.)
31 (10 ILCS 5/24-4 rep.)
32 (10 ILCS 5/24-5 rep.)
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1 (10 ILCS 5/24-6 rep.)
2 (10 ILCS 5/24-7 rep.)
3 (10 ILCS 5/24-8 rep.)
4 (10 ILCS 5/24-8.1 rep.)
5 (10 ILCS 5/24-9 rep.)
6 (10 ILCS 5/24-10 rep.)
7 (10 ILCS 5/24-11 rep.)
8 (10 ILCS 5/24-12 rep.)
9 (10 ILCS 5/24-13 rep.)
10 (10 ILCS 5/24-14 rep.)
11 (10 ILCS 5/24-15 rep.)
12 (10 ILCS 5/24-16 rep.)
13 (10 ILCS 5/24-17 rep.)
14 (10 ILCS 5/24-18 rep.)
15 (10 ILCS 5/24-19 rep.)
16 (10 ILCS 5/24-20 rep.)
17 (10 ILCS 5/24-22 rep.)
18 (10 ILCS 5/24-23 rep.)
19 (10 ILCS 5/Art. 24A rep.)
20 (10 ILCS 5/Art. 24B rep.)
21 Section 90. The Election Code is amended by repealing
22 Sections 24-1.1, 24-1.2, 24-2, 24-3, 24-4, 24-5, 24-6, 24-7,
23 24-8, 24-8.1, 24-9, 24-10, 24-11, 24-12, 24-13, 24-14, 24-15,
24 24-16, 24-17, 24-18, 24-19, 24-20, 24-22, and 24-23 and
25 Articles 24A and 24B.
26 Section 99. Effective date. This Act takes effect
27 January 1, 2003.
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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/7-19 from Ch. 46, par. 7-19
4 10 ILCS 5/7-46 from Ch. 46, par. 7-46
5 10 ILCS 5/7-47 from Ch. 46, par. 7-47
6 10 ILCS 5/7-49 from Ch. 46, par. 7-49
7 10 ILCS 5/7-52 from Ch. 46, par. 7-52
8 10 ILCS 5/7-53 from Ch. 46, par. 7-53
9 10 ILCS 5/7-54 from Ch. 46, par. 7-54
10 10 ILCS 5/7-55 from Ch. 46, par. 7-55
11 10 ILCS 5/7-66
12 10 ILCS 5/11-7 from Ch. 46, par. 11-7
13 10 ILCS 5/15-6
14 10 ILCS 5/16-3 from Ch. 46, par. 16-3
15 10 ILCS 5/16-6 from Ch. 46, par. 16-6
16 10 ILCS 5/16-6.1 from Ch. 46, par. 16-6.1
17 10 ILCS 5/16-7 from Ch. 46, par. 16-7
18 10 ILCS 5/16-11
19 10 ILCS 5/17-9 from Ch. 46, par. 17-9
20 10 ILCS 5/17-11 from Ch. 46, par. 17-11
21 10 ILCS 5/17-17 from Ch. 46, par. 17-17
22 10 ILCS 5/17-18 from Ch. 46, par. 17-18
23 10 ILCS 5/17-20 from Ch. 46, par. 17-20
24 10 ILCS 5/17-22 from Ch. 46, par. 17-22
25 10 ILCS 5/17-43
26 10 ILCS 5/18-5 from Ch. 46, par. 18-5
27 10 ILCS 5/18-8 from Ch. 46, par. 18-8
28 10 ILCS 5/18-9 from Ch. 46, par. 18-9
29 10 ILCS 5/18-10 from Ch. 46, par. 18-10
30 10 ILCS 5/18-11 from Ch. 46, par. 18-11
31 10 ILCS 5/18-13 from Ch. 46, par. 18-13
32 10 ILCS 5/18-14 from Ch. 46, par. 18-14
33 10 ILCS 5/18-16 from Ch. 46, par. 18-16
34 10 ILCS 5/18-40
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1 10 ILCS 5/19-15
2 10 ILCS 5/20-15
3 10 ILCS 5/24-1 from Ch. 46, par. 24-1
4 10 ILCS 5/24-1.12 new
5 10 ILCS 5/24-2.5 new
6 10 ILCS 5/24-2.10 new
7 10 ILCS 5/24-2.15 new
8 10 ILCS 5/24-2.20 new
9 10 ILCS 5/24-2.25 new
10 10 ILCS 5/24-2.30 new
11 10 ILCS 5/24-2.35 new
12 10 ILCS 5/24-2.40 new
13 10 ILCS 5/24-2.45 new
14 10 ILCS 5/24-2.50 new
15 10 ILCS 5/24-2.55 new
16 10 ILCS 5/24-1.1 rep.
17 10 ILCS 5/24-1.2 rep.
18 10 ILCS 5/24-2 rep.
19 10 ILCS 5/24-3 rep.
20 10 ILCS 5/24-4 rep.
21 10 ILCS 5/24-5 rep.
22 10 ILCS 5/24-6 rep.
23 10 ILCS 5/24-7 rep.
24 10 ILCS 5/24-8 rep.
25 10 ILCS 5/24-8.1 rep.
26 10 ILCS 5/24-9 rep.
27 10 ILCS 5/24-10 rep.
28 10 ILCS 5/24-11 rep.
29 10 ILCS 5/24-12 rep.
30 10 ILCS 5/24-13 rep.
31 10 ILCS 5/24-14 rep.
32 10 ILCS 5/24-15 rep.
33 10 ILCS 5/24-16 rep.
34 10 ILCS 5/24-17 rep.
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1 10 ILCS 5/24-18 rep.
2 10 ILCS 5/24-19 rep.
3 10 ILCS 5/24-20 rep.
4 10 ILCS 5/24-22 rep.
5 10 ILCS 5/24-23 rep.
6 10 ILCS 5/Art. 24A rep.
7 10 ILCS 5/Art. 24B rep.