[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
| [ House Amendment 003 ] |
92_HB3147eng HB3147 Engrossed LRB9204365JMmbD 1 AN ACT concerning elections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Election Code is amended by changing 5 Sections 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55, 6 7-66, 15-6, 16-11, 17-14, 17-43, 18-40, 19-15, 20-15, 24A-2, 7 24A-6.1, 24A-7, 24A-8, 24A-9, 24A-10.1, 24A-14, 24B-2, 8 24B-10.1, and 24B-14 and adding Section 1A-20 as follows: 9 (10 ILCS 5/1A-20 new) 10 Sec. 1A-20. In-precinct automatic tabulating equipment 11 grants. The State Board of Elections, from moneys 12 appropriated for this purpose, shall develop and administer a 13 program of grants to election authorities for the costs of 14 acquiring, leasing, or upgrading in-precinct automatic 15 tabulating equipment with voting defect identification as 16 provided in Articles 24A and 24B of this Code and the costs 17 of training an election authority's employees in the use of 18 such equipment. An election authority may apply to the State 19 Board for reimbursement, subject to appropriation, of up to 20 100% of the election authority's cost of acquiring or leasing 21 new equipment or upgrading existing equipment owned or leased 22 by the election authority in order to implement voting defect 23 identification technology, except that the amount of 24 reimbursement shall not include any amount reimbursed or paid 25 for by federal funds. For the purpose of this program, 26 acquisition or lease of new equipment includes, but is not 27 limited to, acquisition or lease before the effective date of 28 this amendatory Act of the 92nd General Assembly of equipment 29 used after the effective date of this amendatory Act of the 30 92nd General Assembly. 31 Grants shall be awarded annually. If appropriations are HB3147 Engrossed -2- LRB9204365JMmbD 1 insufficient to fully fund all grants in the first year that 2 grants are awarded, the State Board shall give each approved 3 applicant a pro rata share of the funds appropriated that 4 fiscal year for the grant program. In subsequent years that 5 grants are awarded, the State Board shall use that year's 6 appropriation first to give grant recipients from previous 7 years, whose grant payments have not completely reimbursed 8 approved costs, a pro rata share of the appropriation and 9 then, to the extent any of the appropriation remains, to give 10 each of the current year's approved applicants a pro rata 11 share of the remaining appropriation. 12 The State Board of Elections shall adopt rules necessary 13 for the implementation of this Section. 14 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19) 15 Sec. 7-19. The primary ballot of each political party for 16 each precinct shall be arranged and printed substantially in 17 the manner following: 18 1. Designating words. At the top of the ballot shall be 19 printed in large capital letters, words designating the 20 ballot, if a Republican ballot, the designating words shall 21 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the 22 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and 23 in like manner for each political party. 24 2. Order of Names, Directions to Voters, etc. Beginning 25 not less than one inch below designating words, the name of 26 each office to be filled shall be printed in capital letters. 27 Such names may be printed on the ballot either in a single 28 column or in 2 or more columns and in the following order, 29 to-wit: 30 President of the United States, State offices, 31 congressional offices, delegates and alternate delegates to 32 be elected from the State at large to National nominating 33 conventions, delegates and alternate delegates to be elected HB3147 Engrossed -3- LRB9204365JMmbD 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 HB3147 Engrossed -4- LRB9204365JMmbD 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,orArticle 24A, or 5 Article 24B, 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,orArticle 24A, or 31 Article 24B, whichever is applicable. 32 (Source: Laws 1965, p. 2220.) HB3147 Engrossed -5- LRB9204365JMmbD 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,orArticle 24A, or 15 Article 24B, 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,orArticle 24A, or 25 Article 24B, whichever is applicable. 26 (Source: Laws 1965, p. 2220.) 27 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52) 28 Sec. 7-52. Immediately upon closing the polls, the 29 primary judges shall proceed to canvass the votes in the 30 manner following: 31 (1) They shall separate and count the ballots of each 32 political party. HB3147 Engrossed -6- LRB9204365JMmbD 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,orArticle 24A, or 31 Article 24B, whichever is applicable. 32 (Source: P.A. 80-484.) 33 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53) HB3147 Engrossed -7- LRB9204365JMmbD 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 HB3147 Engrossed -8- LRB9204365JMmbD 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,andArticle 24A, or 22 Article 24B, 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 HB3147 Engrossed -9- LRB9204365JMmbD 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,orArticle 24A, or 22 Article 24B, 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 HB3147 Engrossed -10- LRB9204365JMmbD 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,andArticle 24A, or 28 Article 24B, whichever is applicable. 29 (Source: P.A. 83-764.) 30 (10 ILCS 5/7-66) 31 Sec. 7-66. Electronic voting systems; precinct 32 tabulation optical scan technology voting equipment. 33 If the election authority has adopted the use of HB3147 Engrossed -11- LRB9204365JMmbD 1 electronic voting systems pursuant to Article 24A of this 2 Code or Precinct Tabulation Optical Scan Technology voting 3 equipment pursuant to Article 24B of this Code, and the 4 provisions of those Articlesthe Articleare in conflict with 5 the provisions of this Article 7, the provisions of Article 6 24A or Article 24B, as the case may be, shall govern the 7 procedures followed by the election authority, its judges of 8 elections, and all employees and agents. In following the 9 provisions of Article 24A or Article 24B, the election 10 authority is authorized to develop and implement procedures 11 to fully utilize electronic voting systems or Precinct 12 Tabulation Optical Scan Technology voting equipment 13 authorized by the State Board of Elections as long as the 14 procedure is not in conflict with Article 24A,eitherArticle 15 24B, or the administrative rules of the State Board of 16 Elections. 17 (Source: P.A. 89-394, eff. 1-1-97.) 18 (10 ILCS 5/15-6) 19 Sec. 15-6. Electronic voting systems; precinct 20 tabulation optical scan technology voting equipment. 21 If the election authority has adopted the use of 22 electronic voting systems pursuant to Article 24A of this 23 Code or Precinct Tabulation Optical Scan Technology voting 24 equipment pursuant to Article 24B of this Code, and the 25 provisions of those Articlesthe Articleare in conflict with 26 the provisions of this Article 15, the provisions of Article 27 24A or Article 24B, as the case may be, shall govern the 28 procedures followed by the election authority, its judges of 29 elections, and all employees and agents. In following the 30 provisions of Article 24A or Article 24B, the election 31 authority is authorized to develop and implement procedures 32 to fully utilize electronic voting systems or Precinct 33 Tabulation Optical Scan Technology voting equipment HB3147 Engrossed -12- LRB9204365JMmbD 1 authorized by the State Board of Elections as long as the 2 procedure is not in conflict with Article 24A,eitherArticle 3 24B, or the administrative rules of the State Board of 4 Elections. 5 (Source: P.A. 89-394, eff. 1-1-97.) 6 (10 ILCS 5/16-11) 7 Sec. 16-11. Electronic voting systems; precinct 8 tabulation optical scan technology voting equipment. 9 If the election authority has adopted the use of 10 electronic voting systems pursuant to Article 24A of this 11 Code or Precinct Tabulation Optical Scan Technology voting 12 equipment pursuant to Article 24B of this Code, and the 13 provisions of those Articlesthe Articleare in conflict with 14 the provisions of this Article 16, the provisions of Article 15 24A or Article 24B, as the case may be, shall govern the 16 procedures followed by the election authority, its judges of 17 elections, and all employees and agents. In following the 18 provisions of Article 24A or Article 24B, the election 19 authority is authorized to develop and implement procedures 20 to fully utilize electronic voting systems or Precinct 21 Tabulation Optical Scan Technology voting equipment 22 authorized by the State Board of Elections as long as the 23 procedure is not in conflict with Article 24A,eitherArticle 24 24B, or the administrative rules of the State Board of 25 Elections. 26 (Source: P.A. 89-394, eff. 1-1-97.) 27 (10 ILCS 5/17-14) (from Ch. 46, par. 17-14) 28 Sec. 17-14. Any voter who declares upon oath, properly 29 witnessed and with his or her signature or mark affixed, that 30 he or she requires assistance to vote by reason of blindness, 31 physical disability or inability to read, write or speak the 32 English language shall, upon request, be assisted in marking HB3147 Engrossed -13- LRB9204365JMmbD 1 his or her ballot, by 2 judges of election of different 2 political parties, to be selected by all judges of election 3 of each precinct at the opening of the polls or by a person 4 of the voter's choice, other than the voter's employer or 5 agent of that employer or officer or agent of the voter's 6 union. A voter who presents an Illinois Disabled Person 7 Identification Card, issued to that person under the 8 provisions of the Illinois Identification Card Act, 9 indicating that such voter has a Class 1A or Class 2 10 disability under the provisions of Section 4A of the Illinois 11 Identification Card Act, or a voter who declares upon oath, 12 properly witnessed, that by reason of any physical disability 13 he is unable to mark his ballot shall, upon request, be 14 assisted in marking his ballot by 2 of the election officers 15 of different parties as provided above in this Section or by 16 a person of the voter's choice other than the voter's 17 employer or agent of that employer or officer or agent of the 18 voter's union. Such voter shall state specifically the reason 19 why he cannot vote without assistance and, in the case of a 20 physically disabled voter, what his physical disability is 21 and whether or not the disability is permanent. Prior to 22 entering the voting booth, the person providing the 23 assistance, if other than 2 judges of election, shall be 24 presented with written instructions on how assistance shall 25 be provided. This instruction shall be prescribed by the 26 State Board of Elections and shall include the penalties for 27 attempting to influence the voter's choice of candidates, 28 party, or votes in relation to any question on the ballot and 29 for not marking the ballot as directed by the voter. 30 Additionally, the person providing the assistance shall sign 31 an oath, swearing not to influence the voter's choice of 32 candidates, party, or votes in relation to any question on 33 the ballot and to cast the ballot as directed by the voter. 34 The oath shall be prescribed by the State Board of Elections HB3147 Engrossed -14- LRB9204365JMmbD 1 and shall include the penalty for violating this Section. In 2 the voting booth, such person shall mark the ballot as 3 directed by the voter, and shall thereafter give no 4 information regarding the same. The judges of election shall 5 enter upon the poll lists or official poll record after the 6 name of any elector who received such assistance in marking 7 his ballot a memorandum of the fact and if the disability is 8 permanent. Intoxication shall not be regarded as a physical 9 disability, and no intoxicated person shall be entitled to 10 assistance in marking his ballot. 11 The assistance a voter may receive under this Section 12 includes assistance with inserting his or her ballot in any 13 in-precinct automatic tabulating equipment as provided in 14 Articles 24A and 24B. Any prohibition in those Articles 15 against a person other than the voter inserting his or her 16 ballot in the in-precinct automatic tabulating equipment does 17 not apply to assistance received by the voter under this 18 Section. 19 No person shall secure or attempt to secure assistance in 20 voting who is not blind, physically disabled or illiterate as 21 herein provided, nor shall any person knowingly assist a 22 voter in voting contrary to the provisions of this Section. 23 (Source: P.A. 90-101, eff. 7-11-97.) 24 (10 ILCS 5/17-43) 25 Sec. 17-43. Electronic voting systems; precinct 26 tabulation optical scan technology voting equipment. 27 If the election authority has adopted the use of 28 electronic voting systems pursuant to Article 24A of this 29 Code or Precinct Tabulation Optical Scan Technology voting 30 equipment pursuant to Article 24B of this Code, and the 31 provisions of those Articlesthe Articleare in conflict with 32 the provisions of this Article 17, the provisions of Article 33 24A or Article 24B, as the case may be, shall govern the HB3147 Engrossed -15- LRB9204365JMmbD 1 procedures followed by the election authority, its judges of 2 elections, and all employees and agents. In following the 3 provisions of Article 24A or Article 24B, the election 4 authority is authorized to develop and implement procedures 5 to fully utilize electronic voting systems or Precinct 6 Tabulation Optical Scan Technology voting equipment 7 authorized by the State Board of Elections as long as the 8 procedure is not in conflict witheitherArticle 24A, Article 9 24B, or the administrative rules of the State Board of 10 Elections. 11 (Source: P.A. 89-394, eff. 1-1-97.) 12 (10 ILCS 5/18-40) 13 Sec. 18-40. Electronic voting systems; precinct 14 tabulation optical scan technology voting equipment. 15 If the election authority has adopted the use of 16 electronic voting systems pursuant to Article 24A of this 17 Code or Precinct Tabulation Optical Scan Technology voting 18 equipment pursuant to Article 24B of this Code, and the 19 provisions of those Articlesthe Articleare in conflict with 20 the provisions of this Article 18, the provisions of Article 21 24A or Article 24B, as the case may be, shall govern the 22 procedures followed by the election authority, its judges of 23 elections, and all employees and agents. In following the 24 provisions of Article 24A or Article 24B, the election 25 authority is authorized to develop and implement procedures 26 to fully utilize electronic voting systems or Precinct 27 Tabulation Optical Scan Technology voting equipment 28 authorized by the State Board of Elections as long as the 29 procedure is not in conflict witheitherArticle 24A, Article 30 24B, or the administrative rules of the State Board of 31 Elections. 32 (Source: P.A. 89-394, eff. 1-1-97.) HB3147 Engrossed -16- LRB9204365JMmbD 1 (10 ILCS 5/19-15) 2 Sec. 19-15. Electronic voting systems; precinct 3 tabulation optical scan technology voting equipment. 4 If the election authority has adopted the use of 5 electronic voting systems pursuant to Article 24A of this 6 Code or Precinct Tabulation Optical Scan Technology voting 7 equipment pursuant to Article 24B of this Code, and the 8 provisions of those Articlesthe Articleare in conflict with 9 the provisions of this Article 19, the provisions of Article 10 24A or Article 24B, as the case may be, shall govern the 11 procedures followed by the election authority, its judges of 12 elections, and all employees and agents. In following the 13 provisions of Article 24A or Article 24B, the election 14 authority is authorized to develop and implement procedures 15 to fully utilize electronic voting systems or Precinct 16 Tabulation Optical Scan Technology voting equipment 17 authorized by the State Board of Elections as long as the 18 procedure is not in conflict with Article 24A,eitherArticle 19 24B, or the administrative rules of the State Board of 20 Elections. 21 (Source: P.A. 89-394, eff. 1-1-97.) 22 (10 ILCS 5/20-15) 23 Sec. 20-15. Electronic voting systems; precinct 24 tabulation optical scan technology voting equipment. 25 If the election authority has adopted the use of 26 electronic voting systems pursuant to Article 24A of this 27 Code or Precinct Tabulation Optical Scan Technology voting 28 equipment pursuant to Article 24B of this Code, and the 29 provisions of those Articlesthe Articleare in conflict with 30 the provisions of this Article 20, the provisions of Article 31 24A or Article 24B, as the case may be, shall govern the 32 procedures followed by the election authority, its judges of 33 elections, and all employees and agents. In following the HB3147 Engrossed -17- LRB9204365JMmbD 1 provisions of Article 24A or Article 24B, the election 2 authority is authorized to develop and implement procedures 3 to fully utilize electronic voting systems or Precinct 4 Tabulation Optical Scan Technology voting equipment 5 authorized by the State Board of Elections as long as the 6 procedure is not in conflict with Article 24A,eitherArticle 7 24B, or the administrative rules of the State Board of 8 Elections. 9 (Source: P.A. 89-394, eff. 1-1-97.) 10 (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2) 11 Sec. 24A-2. As used in this Article: "Computer", 12 "Automatic tabulating equipment" or "equipment" includes 13 apparatus necessary to automatically examine and count votes 14 as designated on ballots, and data processing machines which 15 can be used for counting ballots and tabulating results. 16 "Ballot card" means a ballot which is voted by the 17 process of punching. 18 "Ballot configuration" means the particular combination 19 of political subdivision ballots including, for each 20 political subdivision, the particular combination of offices, 21 candidate names and ballot position numbers for each 22 candidate and question as it appears for each group of voters 23 who may cast the same ballot. 24 "Ballot labels" means the cards, papers, booklet, pages 25 or other material containing the names of officers and 26 candidates and statements of measures to be voted on. 27 "Ballot sheet" means a paper ballot printed on one or 28 both sides which is (1) designed and prepared so that the 29 voter may indicate his or her votes in designated areas, 30 which must be enclosed areas clearly printed or otherwise 31 delineated for such purpose, and (2) capable of having votes 32 marked in the designated areas automatically examined, 33 counted, and tabulated by an electronic scanning process. HB3147 Engrossed -18- LRB9204365JMmbD 1 "Ballot" may include ballot cards, ballot labels and 2 paper ballots. 3 "Separate ballot", with respect to ballot sheets, means a 4 separate portion of the ballot sheet in which the color of 5 the ink used in printing that portion of the ballot sheet is 6 distinct from the color of the ink used in printing any other 7 portion of the ballot sheet. 8 "Column" in an electronic voting system which utilizes a 9 ballot card means a space on a ballot card for punching the 10 voter's vote arranged in a row running lengthwise on the 11 ballot card. 12 "Central Counting" means the counting of ballots in one 13 or more locations selected by the election authority for the 14 processing or counting, or both, of ballots. A location for 15 central counting shall be within the territorial jurisdiction 16 of such election authority unless there is no suitable 17 tabulating equipment available within his territorial 18 jurisdiction. However, in any event a counting location shall 19 be within this State. 20 "In-precinct automatic tabulating equipment" means the 21 automatic equipment provided by the election authority that 22 is capable of counting ballots in the same precinct polling 23 place in which those ballots are cast. 24 "In-precinct counting" means the counting of ballots on 25 automatic tabulating equipment provided by the election 26 authority in the same precinct polling place in which those 27 ballots have been cast. 28 "Computer operator" means any person or persons 29 designated by the election authority to operate the automatic 30 tabulating equipment during any portion of the vote tallying 31 process in an election, but shall not include judges of 32 election operating vote tabulating equipment in the precinct. 33 "Computer program" or "program" means the set of 34 operating instructions for the automatic tabulating equipment HB3147 Engrossed -19- LRB9204365JMmbD 1 by which it examines, counts, tabulates, canvasses and prints 2 votes recorded by a voter on a ballot card or other medium. 3 "Edit listing" means a computer generated listing of the 4 names and ballot position numbers for each candidate and 5 proposition as they appear in the program for each precinct. 6 "Voting System" or "Electronic Voting System" means that 7 combination of equipment and programs used in the casting, 8 examination and tabulation of ballots and the cumulation and 9 reporting of results by electronic means. 10 "Header card" or "program card" means a data processing 11 card which is coded to indicate to the computer the precinct 12 identity of the ballot cards that will follow immediately and 13 may indicate to the computer how such ballot cards are to be 14 tabulated. 15 "Marking device" means either an apparatus in which 16 ballots or ballot cards are inserted and used in connection 17 with a punch apparatus for the piercing of ballots by the 18 voter, or any approved device for marking a paper ballot with 19 ink or other substance which will enable the ballot to be 20 tabulated by means of automatic tabulating equipment or by an 21 electronic scanning process. 22 "Precinct program memory medium" or "PPMM" means the 23 program disc or pack of an in-precinct computer tabulator 24 that is programmed for a single precinct and that may be 25 activated by means other than a header card or precinct 26 identifier card to indicate to the automatic tabulating 27 equipment the precinct identity of the ballot cards to be 28 counted by the tabulator and how such ballot cards are to be 29 counted. 30 "Public counter" means a mechanical or electronic display 31 on in-precinct automatic tabulating equipment that displays 32 the number of ballots counted by the equipment. Public 33 counters shall not display any vote totals. 34 "Redundant count" means a verification of the original HB3147 Engrossed -20- LRB9204365JMmbD 1 computer count by another count using compatible equipment or 2 by hand as part of a discovery recount. 3 "Security punch" means a punch placed on a ballot card to 4 identify to the computer program the offices and propositions 5 for which votes may be cast and to indicate the manner in 6 which votes cast should be tabulated while negating any 7 inadmissable votes. 8 "Security sleeve" or "security envelope" means an opaque 9 envelope or sleeve into which a voted ballot card shall be 10 inserted that fully covers all votes cast on the ballot and 11 that permits the ballot to be inserted into the automatic 12 tabulating equipment from within the envelope or sleeve 13 without public observation of the votes cast on the ballot. 14 "Voting defect" means an overvoted ballot, an undervoted 15 ballot, a ballot that cannot be read by automatic tabulating 16 equipment, or a ballot that does not contain the initials of 17 a judge of election. 18 "Voting defect identification" means the capability to 19 detect ballots that contain a voting defect. 20 (Source: P.A. 86-867.) 21 (10 ILCS 5/24A-6.1) (from Ch. 46, par. 24A-6.1) 22 Sec. 24A-6.1. In all elections conducted pursuant to 23 this Article, ballot cards shall have a security punch. In 24 precincts where more than one ballot configuration may be 25 voted upon, ballot cards shall have a different security 26 punch for each ballot configuration. If a precinct has only 27 one possible ballot configuration, the ballot cards must have 28 a security punch to identify the election. Where ballot 29 cards from more than one precinct are being tabulated, 30 precinct header cards or program cards shall also be used: 31 official results shall not be generated unless the precinct 32 identification of the header cards or program cards for any 33 precinct correspond. Where the tabulating equipment being HB3147 Engrossed -21- LRB9204365JMmbD 1 used requires entering the program immediately prior to 2 tabulating the ballot cards for each precinct, the precinct 3 program may be used in lieu of header cards. 4 (Source: P.A. 82-1014.) 5 (10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7) 6 Sec. 24A-7. A separate write-in ballot, which may be in 7 the form of a paper ballot, card, extended stub of a ballot 8 card, securityorenvelope, or security sleeve in which the 9 elector places his ballot card after voting, shall be 10 designated and provided by the election authorityif11necessaryto permit electors to write in the names of persons 12 whose names are not on the ballot. The ballots, ballot cards, 13 and securityballot cardenvelopes or sleeves may, at the 14 discretion of the election authority, be printed on white 15 paper and then striped with the appropriate colors. When an 16 electronic voting system is used which utilizes a ballot stub 17 of the ballot card, each ballot card envelope shall contain 18 the write-in form and information required by Section 16-3 of 19 this Act. 20 (Source: P.A. 83-110.) 21 (10 ILCS 5/24A-8) (from Ch. 46, par. 24A-8) 22 Sec. 24A-8. The county clerk or board of election 23 commissioners, as the case may be, shall cause the marking 24 devices to be put in order, set, adjusted and made ready for 25 voting when delivered to the polling places. Before the 26 opening of the polls the judges of election shall compare the 27 ballots used in the marking devices with the specimen ballots 28 furnished and see that the names, numbers and letters thereon 29 agree and shall certify thereto on forms provided by the 30 county clerk or board of election commissioners, as the case 31 may be. 32 In addition, in those polling places where in-precinct HB3147 Engrossed -22- LRB9204365JMmbD 1 counting equipment is utilized, the judges of election shall 2 make an operational check of the automatic tabulating 3 equipment before the opening of the polls. Either 4 instructions for activating the precincts program memory 5 medium or a precinct identification card provided by the 6 election authority shall be entered into the automatic 7 tabulating equipment to ensure that the totals are all zeroes 8 in the count column on the printing unit. 9 Pollwatchers as provided by law shall be permitted to 10 closely observe the judges in these procedures and to 11 periodically inspect the equipment when not in use by the 12 voters to see that the ballot labels are in proper position 13 and have not been marked upon or mutilated. 14 (Source: P.A. 82-1014.) 15 (10 ILCS 5/24A-9) (from Ch. 46, par. 24A-9) 16 Sec. 24A-9. Prior to the public test, the election 17 authority shall conduct an errorless pre-test of the 18 automatic tabulating equipment and program to ascertain that 19 they will correctly count the votes cast for all offices and 20 all measures. On any day not less than 5 days prior to the 21 election day, the election authority shall publicly test the 22 automatic tabulating equipment and program to ascertain that 23 they will correctly count the votes cast for all offices and 24 on all measures. Public notice of the time and place of the 25 test shall be given at least 48 hours prior thereto by 26 publication once in one or more newspapers published within 27 the election jurisdiction of the election authority if a 28 newspaper is published therein, otherwise in a newspaper of 29 general circulation therein. Timely written notice stating 30 the date, time and location of the public test shall also be 31 provided to the State Board of Elections. The test shall be 32 open to representatives of the political parties, the press, 33 representatives of the State Board of Elections, and the HB3147 Engrossed -23- LRB9204365JMmbD 1 public. The test shall be conducted by processing a 2 preaudited group of ballots so punched or marked as to record 3 a predetermined number of valid votes for each candidate and 4 on each measure, and shall include for each office one or 5 more ballots which have votes in excess of the number allowed 6 by law in order to test the ability of the automatic 7 tabulating equipment to reject such votes. Such test shall 8 also include the use of precinct header cards or precinct 9 program memory medium and may include the production of an 10 edit listing. In those election jurisdictions where 11 in-precinct counting equipment is utilized, a public test of 12 both such equipment and program shall be conducted as nearly 13 as possible in the manner prescribed above. The State Board 14 of Elections may select as many election jurisdictions as the 15 Board deems advisable in the interests of the election 16 process of this State in which to order a special test of the 17 automatic tabulating equipment and program prior to any 18 regular election. The Board may order a special test in any 19 election jurisdiction where, during the preceding twelve 20 months, computer programming errors or other errors in the 21 use of electronic voting systems resulted in vote tabulation 22 errors. Not less than 30 days prior to any election, the 23 State Board of Elections shall provide written notice to 24 those selected jurisdictions of their intent to conduct a 25 test. Within 5 days of receipt of the State Board of 26 Elections' written notice of intent to conduct a test, the 27 selected jurisdictions shall forward to the principal office 28 of the State Board of Elections a copy of all specimen 29 ballots. The State Board of Elections' tests shall be 30 conducted and completed not less than 2 days prior to the 31 public test utilizing testing materials supplied by the Board 32 and under the supervision of the Board, and the Board shall 33 reimburse the election authority for the reasonable cost of 34 computer time required to conduct the special test. After HB3147 Engrossed -24- LRB9204365JMmbD 1 an errorless test, materials used in the public test, 2 including the program, if appropriate, shall be sealed and 3 remain so until the test is run again on election day. If any 4 error is detected, the cause therefor shall be ascertained 5 and corrected and an errorless public test shall be made 6 before the automatic tabulating equipment is approved. Each 7 election authority shall file a sealed copy of each tested 8 program to be used within its jurisdiction at an election 9 with the State Board of Elections prior to the election. The 10 Board shall secure the program or programs of each election 11 jurisdiction so filed in its office for the 60 days following 12 the canvass and proclamation of election results. Upon the 13 expiration of that time, if no election contest or appeal 14 therefrom is pending in an election jurisdiction, the Board 15 shall return the sealed program or programs to the election 16 authority of the jurisdiction. Except where in-precinct 17 counting equipment is utilized, the test shall be repeated 18 immediately before the start of the official count of the 19 ballots, in the same manner as set forth above. After the 20 completion of the count, the test shall be re-run using the 21 same program. An election jurisdiction that was employing, 22 as of January 1, 1983, an electronic voting system that, 23 because of its design, is not technically capable of 24 compliance with such a post-tabulation testing requirement 25 shall satisfy the post-tabulation testing requirement by 26 conducting the post-tabulation test on a duplicate program 27 until such electronic voting system is replaced or until 28 November 1, 1992, whichever is earlier. Immediately 29 thereafter the ballots, all material employed in testing the 30 program and the program shall be sealed and retained under 31 the custody of the election authority for a period of 60 32 days. At the expiration of that time the election authority 33 shall destroy the voted ballot cards, together with all 34 unused ballots returned from the precincts. Provided, if any HB3147 Engrossed -25- LRB9204365JMmbD 1 contest of election is pending at such time in which such 2 ballots may be required as evidence and such election 3 authority has notice thereof, the same shall not be destroyed 4 until after such contest is finally determined. If the use of 5 back-up equipment becomes necessary, the same testing 6 required for the original equipment shall be conducted. 7 (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.) 8 (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1) 9 Sec. 24A-10.1. In an election jurisdiction where 10 in-precinct automatic tabulatingcountingequipment is 11 utilized, thefollowingprocedures for counting and tallying 12theballots set forth in this Section and in Section 24A-14 13 shall apply: 14 (a) Voter ballot insertion during poll hours. 15 (1) The in-precinct automatic tabulating equipment 16 shall be set to count each ballot for candidates and for 17 or against propositions to be voted upon as the ballot is 18 inserted into the automatic tabulating equipment, and the 19 equipment shall internally tally accurate vote totals for 20 all such candidates and for and against all such 21 propositions. Before the opening of the polls and before 22 ballots are entered into the counting equipment, the 23 judges of election shall turn on the automatic tabulating 24 equipment, activate the precinct program memory medium, 25 and verify that the public counter is set at zero. 26 (2) After the polls have been declared open, each 27 ballot shall be inserted into the automatic tabulating 28 equipment by the voter immediately after the voter has 29 completed marking his or her ballot and placing it in a 30 security envelope or sleeve. The ballot shall be 31 inserted into the automatic tabulating equipment from 32 within the security envelope or sleeve without public 33 observation of the votes cast on the ballot. The judges HB3147 Engrossed -26- LRB9204365JMmbD 1 of election shall not handle any voted ballot except as 2 provided in this Code for uninitialed, spoiled, and 3 defective and damaged ballots. Each voted ballot shall 4 be deposited into a secure ballot box immediately after 5 it has been counted by the automatic tabulating 6 equipment. 7 (3) The automatic tabulating equipment shall have 8 voting defect identification capability, and the 9 equipment shall be set to automatically return to the 10 voter any ballot that does not contain a judge's initial 11 in the area required by this Code. If the judges of 12 election reasonably believe that the failure to initial 13 the ballot was due to an error by the judges and that no 14 fraud or other irregularity has occurred affecting the 15 integrity of the ballots, the ballot shall then be 16 initialed by one of the judges of election and 17 re-inserted by the voter into the automatic tabulating 18 equipment. Otherwise, the ballot shall be marked 19 "Spoiled Ballot", initialed by all judges immediately 20 under the words "Spoiled Ballot", and not counted. The 21 judges shall initial and issue a new ballot to the voter 22 in lieu of the original "Spoiled Ballot" and the voter 23 shall then be permitted to vote the new ballot. 24 (4) The automatic tabulating equipment shall be set 25 to automatically return to the voter any ballot on which 26 the number of votes for an office or proposition exceeds 27 the number of votes that the voter is entitled to cast. 28 If the voter, after being informed that an overvote has 29 occurred, determines to have the ballot counted despite 30 containing an overvote, the automatic tabulating 31 equipment shall be set to accept the ballot and count the 32 votes for or against propositions and for candidates for 33 offices for which there is no overvote. If the overvoted 34 ballot was also rejected because it lacks a judge's HB3147 Engrossed -27- LRB9204365JMmbD 1 initials, the voter may request that a judge initial the 2 ballot before the voter re-inserts the ballot into the 3 automatic tabulating equipment. If the voter determines 4 to have the overvoted ballot rejected and to vote a new 5 ballot, the original ballot shall be marked "Spoiled 6 Ballot", initialed by all judges immediately under the 7 words "Spoiled Ballot", and not counted. The judges 8 shall issue a new ballot to the voter in lieu of the 9 original "Spoiled Ballot" and the voter shall then be 10 permitted to vote the new ballot. 11 (5) The automatic tabulating equipment, to the 12 extent the equipment is capable, shall be set to 13 automatically return to the voter any ballot on which the 14 number of votes for an office or proposition is less than 15 the number of votes that the voter is entitled to cast. 16 The voter, after being informed that an undervote has 17 occurred, may return to the voting area and complete 18 voting that ballot. If the voter, after being informed 19 that an undervote has occurred, determines to have the 20 ballot counted despite containing an undervote, the 21 automatic tabulating equipment shall be set to accept the 22 ballot and count the votes for or against propositions 23 and for candidates for offices. If the undervoted ballot 24 was also rejected because it lacks a judge's initials, 25 the voter may request that a judge initial the ballot 26 before the voter re-inserts the ballot into the automatic 27 tabulating equipment. If the voter determines to have the 28 undervoted ballot rejected and to vote a new ballot, the 29 original ballot shall be marked "Spoiled Ballot", 30 initialed by all judges immediately under the words 31 "Spoiled Ballot", and not counted. The judges shall 32 issue a new ballot to the voter in lieu of the original 33 "Spoiled Ballot" and the voter shall then be permitted to 34 vote the new ballot. HB3147 Engrossed -28- LRB9204365JMmbD 1 (6) The automatic tabulating equipment shall be set 2 to return any ballot that is damaged or defective and 3 cannot properly be read by the automatic tabulating 4 equipment. The ballot shall be marked "Spoiled Ballot", 5 initialed by all judges immediately under the words 6 "Spoiled Ballot", and not counted. The judges shall 7 initial and issue a new ballot to the voter in lieu of 8 the original "Spoiled Ballot" and the voter shall then be 9 permitted to vote the new ballot. 10 (7) Immediately after the closing of the polls and 11 after the insertion of absentee ballots entitled to be 12 counted, the automatic tabulating equipment shall be 13 locked against further processing of ballots and the vote 14 totals shall be displayed and read. 15 (8) Throughout the election day and before the 16 close of the polls, no person shall be permitted to check 17 for vote totals for any candidate or proposition on the 18 automatic tabulating equipment. However, any voter, 19 judge of election, or poll watcher may examine the number 20 of counted ballots shown on the public counter of the 21 automatic tabulating equipment when the polls are open. 22 During the time that polling places are open for voting, 23 no person may reset the equipment for re-insertion of 24 ballots except upon the specific authorization of the 25 election authority; the automatic tabulating equipment 26 shall be programmed to prevent such re-insertion unless 27 provided a code by an authorized representative of the 28 election authority. If the automatic tabulating 29 equipment becomes inoperative during voting hours, until 30 such time as it is repaired and restarted by a 31 representative of the election authority, the voters 32 shall deposit their voted ballots into the secure portion 33 of the supply carrier case or other secure ballot 34 container supplied by the election authority and the HB3147 Engrossed -29- LRB9204365JMmbD 1 judges of election shall open the container used for this 2 purpose only after the close of the polls and shall then 3 insert each of the deposited ballots into the automatic 4 tabulating equipment to be tallied. 5 (b) Procedures after the close of the polls. 6 (1) Immediately after the closing of the polls, the 7 absentee ballots delivered to the precinct judges of 8 election by the election authority shall be examined to 9 determine that such ballots comply with Sections 19-9 and 10 20-9 of this Act and are entitled to be deposited in the 11 ballot box; those entitled to be deposited in the ballot 12 box shall be initialed by the precinct judges of election 13 and deposited in the ballot box. Those not entitled to 14 be deposited in the ballot box shall be marked "Rejected" 15 and disposed of as provided in said Sections 19-9 and 16 20-9. 17 (2) The precinct judges of election shall open the 18 ballot box and count the number of ballots therein to 19 determine if such number agrees with the number of voters 20 voting as shown by the automatic tabulating equipment, by 21 the public counter on the automatic tabulating equipment 22 where available, and by applications for ballot.or,If 23 the same do not agree, the judges of election shall make 24 such ballots agree with the applications for ballot in 25 the manner provided by Section 17-18 of this CodeAct. 26 (3) The judges of election shall then examine all 27 ballot cards and ballot card envelopes which are in the 28 ballot box to determine whether the ballot cards and 29 ballot card envelopes contain the initials of a precinct 30 judge of election. If any ballot card or ballot card 31 envelope is not initialed, it shall be marked on the back 32 "Defective", initialed as to such label by all judges 33 immediately under the word "Defective" and not counted. 34 The judges of election shall place an initialed blank HB3147 Engrossed -30- LRB9204365JMmbD 1 official ballot card in the place of the defective ballot 2 card, so that the count of the ballot cards to be counted 3 on the automatic tabulating equipment will be the same, 4 and each "Defective Ballot" card and "Replacement" card 5 shall contain the same serial number which shall be 6 placed thereon by the judges of election, commencing with 7 number 1 and continuing consecutively for the ballots of 8 that kind in that precinct. The original "Defective" card 9 shall be placed in the "Defective Ballot Envelope" 10 provided for that purpose. 11 (4) When an electronic voting system is used which 12 utilizes a ballot card, before separatingthe remaining13 ballot cards from their respective covering envelopes or 14 sleeves, the judges of election shall examine the ballot 15 cards, ballot card envelopes, ballot card stubs, or 16 security sleeves for write-in votes. When the voter has 17 cast a write-in vote, the judges of election shall 18 compare the write-in vote with the votes on the ballot 19 card to determine whether such write-in results in an 20 overvote for any office unless the automatic tabulating 21 equipment has already done so. In case of an overvote 22 for any office, the judges of election, consisting in 23 each case of at least one judge of election of each of 24 the 2 major political parties, shall make a true 25 duplicate ballot of all votes on such ballot card except 26 for the office which is overvoted, by using the ballot 27 label booklet of the precinct and one of the marking 28 devices of the precinct so as to transfer all votes of 29 the voter, except for the office overvoted, to a 30 duplicate card. The original ballot card and envelope 31 upon which there is an overvote shall be clearly labeled 32 "Overvoted Ballot", and each such "Overvoted Ballot" as 33 well as its "Replacement" shall contain the same serial 34 number which shall be placed thereon by the judges of HB3147 Engrossed -31- LRB9204365JMmbD 1 election, commencing with number 1 and continuing 2 consecutively for the ballots of that kind in that 3 precinct. The "Overvoted Ballot" card and ballot 4 envelope shall be placed in an envelope provided for that 5 purpose labeled "Duplicate Ballot" envelope, and the 6 judges of election shall initial the "Replacement" ballot 7 cards and shall place them with the other ballot cards to 8 be counted on the automatic tabulating equipment. 9 Envelopes, ballot cards, ballot card stubs, or security 10 envelopes or sleeves containing write-in votes marked in 11 the place designated therefor and containing the initials 12 of a precinct judge of election and not resulting in an 13 overvote and otherwise complying with the election laws 14 as to marking shall be counted and tallied and their 15 votes recorded on a tally sheet provided by the election 16 authority. 17 The ballot cards and ballot card envelopes or 18 sleeves shall be separated in preparation for counting by 19 the automatic tabulating equipment provided for that 20 purpose by the election authority. 21 (5) After closing the polls and examining the 22 absentee ballots pursuant to subsection (c)(1) of this 23 Section, the judges of election shall insert into the 24 automatic tabulating equipment all absentee ballots 25 entitled to be counted. Thereafter, the judges of 26 election shall generate vote totals for all candidates 27 and propositions. 28Before the ballots are entered into the automatic29tabulating equipment, a precinct identification card30provided by the election authority shall be entered into31the device to ensure that the totals are all zeroes in32the count column on the printing unit. A precinct judge33of election shall then count the ballots by entering each34ballot card into the automatic tabulating equipment, andHB3147 Engrossed -32- LRB9204365JMmbD 1if any ballot or ballot card is damaged or defective so2that it cannot properly be counted by the automatic3tabulating equipment, the judges of election, consisting4in each case of at least one judge of election of each of5the 2 major political parties, shall make a true6duplicate ballot of all votes on such ballot card by7using the ballot label booklet of the precinct and one of8the marking devices of the precinct. The original ballot9or ballot card and envelope shall be clearly labeled10"Damaged Ballot" and the ballot or ballot card so11produced shall be clearly labeled "Duplicate Damaged12Ballot", and each shall contain the same serial number13which shall be placed thereon by the judges of election,14commencing with number 1 and continuing consecutively for15the ballots of that kind in the precinct. The judges of16election shall initial the "Duplicate Damaged Ballot"17ballot or ballot cards and shall enter the duplicate18damaged cards into the automatic tabulating equipment.19The "Damaged Ballot" cards shall be placed in the20"Duplicated Ballots" envelope; after all ballot cards21have been successfully read, the judges of election shall22check to make certain that the last number printed by the23printing unit is the same as the number of voters making24application for ballot in that precinct. The number25shall be listed on the "Statement of Ballots" form26provided by the election authority.27 (6) The totals for all candidates and propositions 28 shall be tabulated; 4 sets shall be attached to the 4 29 sets of "Certificate of Results", which may be generated 30 by the automatic tabulating equipment, provided by the 31 election authority; one set shall be posted in a 32 conspicuous place inside the polling place; and every 33 effort shall be made by the judges of election to provide 34 a set for each authorized pollwatcher or other official HB3147 Engrossed -33- LRB9204365JMmbD 1 authorized to be present in the polling place to observe 2 the counting of ballots; but in no case shall the number 3 of sets to be made available to pollwatchers be fewer 4 than 4, chosen by lot by the judges of election. In 5 addition, sufficient time shall be provided by the judges 6 of election to the pollwatchers to allow them to copy 7 information from the set which has been posted. 8 (7) The judges of election shall count all unused 9 ballot cards and enter the number on the "Statement of 10 Ballots". All "Spoiled", "Defective" and "Duplicated" 11 ballot cards shall be counted and the number entered on 12 the "Statement of Ballots". 13 (8) The precinct judges of election shall select a 14 bi-partisan team of 2 judges, who shall immediately 15 return the ballots in a sealed container, along with all 16 other election materials as instructed by the election 17 authority; provided, however, that such container must 18 first be sealed by the election judges with filament tape 19 provided for such purpose which shall be wrapped around 20 the container lengthwise and crosswise, at least twice 21 each way, in such manner that the ballots cannot be 22 removed from such container without breaking the seal and 23 filament tape and disturbing any signatures affixed by 24 the election judges to the container. The election 25 authority shall keep the office of the election 26 authority, or any receiving stations designated by such 27 authority, open for at least 12 consecutive hours after 28 the polls close or until the ballots from all precincts 29 with in-precinct automatic tabulatingcountingequipment 30 within the jurisdiction of the election authority have 31 been returned to the election authority. Ballots returned 32 to the office of the election authority which are not 33 signed and sealed as required by law shall not be 34 accepted by the election authority until the judges HB3147 Engrossed -34- LRB9204365JMmbD 1 returning the same make and sign the necessary 2 corrections. Upon acceptance of the ballots by the 3 election authority, the judges returning the same shall 4 take a receipt signed by the election authority and 5 stamped with the time and date of such return. The 6 election judges whose duty it is to return any ballots as 7 herein provided shall, in the event such ballots cannot 8 be found when needed, on proper request, produce the 9 receipt which they are to take as above provided. 10 (Source: P.A. 83-1362.) 11 (10 ILCS 5/24A-14) (from Ch. 46, par. 24A-14) 12 Sec. 24A-14. Damaged ballots. In precincts that utilize 13 in-precinct automatic tabulating equipment having voting 14 defect identification capability and in which voters insert 15 their ballots into the automatic tabulating equipment, if any 16 ballot is damaged or defective so that it cannot properly be 17 counted by the automatic tabulating equipment, that ballot 18 shall be treated as a spoiled ballot as provided in Section 19 24A-10.1.If any ballot is damaged or defective so that it20cannot properly be counted by the automatic tabulating21equipment, a true duplicate copy shall be made of the damaged22ballot in the presence of witnesses and substituted for the23damaged ballot. Likewise, a duplicate ballot shall be made of24a defective ballot which shall not include the invalid votes.25All duplicate ballots shall be clearly labeled "duplicate",26shall bear a serial number which shall be registered on the27damaged or defective ballot, and shall be counted in lieu of28the damaged or defective ballot.29 (Source: Laws 1965, p. 2220.) 30 (10 ILCS 5/24B-2) 31 Sec. 24B-2. Definitions. As used in this Article: 32 "Computer", "automatic tabulating equipment" or HB3147 Engrossed -35- LRB9204365JMmbD 1 "equipment" includes apparatus necessary to automatically 2 examine and count votes as designated on ballots, and data 3 processing machines which can be used for counting ballots 4 and tabulating results. 5 "Ballot" means paper ballot sheets. 6 "Ballot configuration" means the particular combination 7 of political subdivision ballots including, for each 8 political subdivision, the particular combination of offices, 9 candidate names and questions as it appears for each group of 10 voters who may cast the same ballot. 11 "Ballot sheet" means a paper ballot printed on one or 12 both sides which is (1) designed and prepared so that the 13 voter may indicate his or her votes in designated areas, 14 which must be areas clearly printed or otherwise delineated 15 for such purpose, and (2) capable of having votes marked in 16 the designated areas automatically examined, counted, and 17 tabulated by an electronic scanning process. 18 "Central counting" means the counting of ballots in one 19 or more locations selected by the election authority for the 20 processing or counting, or both, of ballots. A location for 21 central counting shall be within the territorial jurisdiction 22 of the election authority unless there is no suitable 23 tabulating equipment available within his territorial 24 jurisdiction. However, in any event a counting location 25 shall be within this State. 26 "Computer operator" means any person or persons 27 designated by the election authority to operate the automatic 28 tabulating equipment during any portion of the vote tallying 29 process in an election, but shall not include judges of 30 election operating vote tabulating equipment in the precinct. 31 "Computer program" or "program" means the set of 32 operating instructions for the automatic tabulating equipment 33 that examines, counts, tabulates, canvasses and prints votes 34 recorded by a voter on a ballot. HB3147 Engrossed -36- LRB9204365JMmbD 1 "Edit listing" means a computer generated listing of the 2 names of each candidate and proposition as they appear in the 3 program for each precinct. 4 "Header sheet" means a data processing document which is 5 coded to indicate to the computer the precinct identity of 6 the ballots that will follow immediately and may indicate to 7 the computer how such ballots are to be tabulated. 8 "In-precinct automatic tabulating equipment" means the 9 automatic equipment provided by the election authority that 10 is capable of counting ballots in the same precinct polling 11 place in which those ballots are cast. 12 "In-precinct counting" means the counting of ballots on 13 automatic tabulating equipment provided by the election 14 authority in the same precinct polling place in which those 15 ballots have been cast. 16 "Marking device" means a pen or similar device approved 17 by the State Board of Elections for marking a paper ballot 18 with ink or other substance which will enable the ballot to 19 be tabulated by automatic tabulating equipment or by an 20 electronic scanning process. 21 "Precinct Tabulation Optical Scan Technology" means the 22 capability to examine a ballot through electronic means and 23 tabulate the votes at one or more counting places. 24 "Redundant count" means a verification of the original 25 computer count by another count using compatible equipment or 26 by hand as part of a discovery recount. 27 "Security designation" means a printed designation placed 28 on a ballot to identify to the computer program the offices 29 and propositions for which votes may be cast and to indicate 30 the manner in which votes cast should be tabulated while 31 negating any inadmissible votes. 32 "Separate ballot", with respect to ballot sheets, means a 33 separate portion of the ballot sheet which is clearly defined 34 by a border or borders or shading. HB3147 Engrossed -37- LRB9204365JMmbD 1 "Voting defect identification" means the capability to 2 detectovervotedballots that contain a voting defector3ballots which cannot be read by the automatic tabulating4equipment. 5 "Voting defects" means an overvoted ballot, an undervoted 6 ballot,ora ballot which cannot be read by the automatic 7 tabulating equipment, or a ballot that does not contain the 8 initials of a judge of election. 9 "Voting system" or "electronic voting system" means that 10 combination of equipment and programs used in the casting, 11 examination and tabulation of ballots and the cumulation and 12 reporting of results by electronic means. 13 (Source: P.A. 89-394, eff. 1-1-97.) 14 (10 ILCS 5/24B-10.1) 15 Sec. 24B-10.1. In-Precinct Counting Equipment; 16 Procedures for Counting and Tallying Ballots. In an election 17 jurisdiction where Precinct Tabulation Optical Scan 18 Technology counting equipment is used, the following 19 procedures for counting and tallying the ballots shall apply: 20 (a) The in-precinct automatic tabulating equipment shall 21 be set to count each ballot for candidates and for or against 22 propositions to be voted upon as the ballot is inserted into 23 the automatic tabulating equipment, and the equipment shall 24 internally tally accurate vote totals for all such candidates 25 and for and against all such propositions. Before the opening 26 of the polls, and before the ballots are entered into the 27 automatic tabulating equipment, the judges of election shall 28 turn on the automatic tabulating equipment, activate the 29 precinct program memory medium, and verify that the public 30 counter is set at zeroshall be sure that the totals are all31zeros in the counting column.Ballots may then be counted by32entering each ballot into the automatic tabulating equipment.33 After the polls have been declared open, each ballot HB3147 Engrossed -38- LRB9204365JMmbD 1 shall be inserted into the automatic tabulating equipment by 2 the voter immediately after the voter has completed marking 3 his or her ballot. The ballot shall be inserted into the 4 automatic tabulating equipment without public observation of 5 the votes cast on the ballot. The judges of election shall 6 not handle any voted ballot except as provided in this Code 7 for uninitialed, spoiled, and defective and damaged ballots. 8 Each voted ballot shall be deposited into a secure ballot box 9 immediately after it has been counted by the automatic 10 tabulating equipment. 11 Immediately after the closing of the polls and after the 12 insertion of absentee ballots entitled to be counted, the 13 automatic tabulating equipment shall be locked against 14 further processing of ballots and the vote totals shall be 15 displayed and read. 16 Throughout the election day and before the closing of the 17 polls, no person shall be permitted tomaycheck foranyvote 18 totals for any candidate or proposition on the automatic 19 tabulating equipment. However, any voter, judge of election, 20 or poll watcher may examine the number of counted ballots 21 shown on the public counter of the automatic tabulating 22 equipment when the polls are open. During the time that 23 polling places are open for voting, no person may reset the 24 equipment for re-insertion of ballots except upon the 25 specific authorization of the election authority; the 26 automatic tabulating equipment shall be programmed to prevent 27 such re-insertion unless provided a code by an authorized 28 representative of the election authority. If the automatic 29 tabulating equipment becomes inoperative during voting hours, 30 until such time as it is repaired and restarted by a 31 representative of the election authority, the voters shall 32 deposit their voted ballots into the secure portion of the 33 supply carrier case or other secure ballot container supplied 34 by the election authority and the judges of election shall HB3147 Engrossed -39- LRB9204365JMmbD 1 open the container used for this purpose only after the close 2 of the polls and shall then insert each of the deposited 3 ballots into the automatic tabulating equipment to be 4 tallied.Such automatic tabulating equipment shall be5programmed so that no person may reset the equipment for6refeeding of ballots unless provided a code from an7authorized representative of the election authority. At the8option of the election authority, the ballots may be fed into9the Precinct Tabulation Optical Scan Technology equipment by10the voters under the direct supervision of the judges of11elections.12 (b) The in-precinct automatic tabulating equipment shall 13 have the capability to identify voting defects. The election 14 authority shall develop and implement procedures for the 15 following: 16 (1) The equipment shall be set to automatically 17 return to the voter any ballot that does not contain a 18 judge's initial in the area required by this Code. If 19 the judges of election reasonably believe that the 20 failure to initial the ballot was due to an error by the 21 judges and that no fraud or other irregularity has 22 occurred affecting the integrity of the ballots, the 23 ballot shall then be initialed by one of the judges of 24 election and re-inserted by the voter into the automatic 25 tabulating equipment. Otherwise, the ballot shall be 26 marked "Spoiled Ballot", initialed by all judges 27 immediately under the words "Spoiled Ballot", and not 28 counted. The judges shall initial and issue a new ballot 29 to the voter in lieu of the original "Spoiled Ballot" and 30 the voter shall then be permitted to vote the new ballot. 31 (2) The counting equipment shall be set to 32 automatically return to the voter any ballot on which the 33 number of votes for an office or proposition exceeds the 34 number of votes that the voter is entitled to cast. If HB3147 Engrossed -40- LRB9204365JMmbD 1 the voter, after being informed that an overvote has 2 occurred, determines to have the ballot counted despite 3 containing an overvote, the automatic tabulating 4 equipment shall be set to accept the ballot and count the 5 votes for or against propositions and for candidates for 6 offices for which there is no overvote. If the overvoted 7 ballot was also rejected because it lacks a judge's 8 initials, the voter may request that a judge initial the 9 ballot before the voter re-inserts the ballot into the 10 automatic tabulating equipment. If the voter determines 11 to have the overvoted ballot rejected and to vote a new 12 ballot, the original ballot shall be marked "Spoiled 13 Ballot", initialed by all judges immediately under the 14 words "Spoiled Ballot", and not counted. The judges 15 shall issue a new ballot to the voter in lieu of the 16 original "Spoiled Ballot" and the voter shall then be 17 permitted to vote the new ballot. 18 (3) The counting equipment, to the extent the 19 equipment is capable, shall be set to automatically 20 return to the voter any ballot on which the number of 21 votes for an office or proposition is less than the 22 number of votes that the voter is entitled to cast. The 23 voter, after being informed that an undervote has 24 occurred, may return to the voting area and complete 25 voting that ballot. If the voter, after being informed 26 that an undervote has occurred, determines to have the 27 ballot counted despite containing an undervote, the 28 automatic tabulating equipment shall be set to accept the 29 ballot and count the votes for or against propositions 30 and for candidates for offices. If the undervoted ballot 31 was also rejected because it lacks a judge's initials, 32 the voter may request that a judge initial the ballot 33 before the voter re-inserts the ballot into the automatic 34 tabulating equipment. If the voter determines to have the HB3147 Engrossed -41- LRB9204365JMmbD 1 undervoted ballot rejected and to vote a new ballot, the 2 original ballot shall be marked "Spoiled Ballot", 3 initialed by all judges immediately under the words 4 "Spoiled Ballot", and not counted. The judges shall 5 issue a new ballot to the voter in lieu of the original 6 "Spoiled Ballot" and the voter shall then be permitted to 7 vote the new ballot. 8 (4) The equipment shall be set to return any ballot 9 that is damaged or defective and cannot properly be read 10 by the automatic tabulating equipment. The ballot shall 11 be marked "Spoiled Ballot", initialed by all judges 12 immediately under the words "Spoiled Ballot", and not 13 counted. The judges shall initial and issue a new ballot 14 to the voter in lieu of the original "Spoiled Ballot" and 15 the voter shall then be permitted to vote the new ballot. 16 (c) Immediately after the closing of the polls, the 17 absentee ballots delivered to the precinct judges of election 18 by the election authority shall be examined to determine that 19 the ballots comply with Sections 19-9 and 20-9 of this Code 20 and are entitled to be scanned by the Precinct Tabulation 21 Optical Scan Technology equipment and then deposited in the 22 ballot box; those entitled to be scanned and deposited in the 23 ballot box shall be initialed by the precinct judges of 24 election and then scanned and deposited in the ballot box. 25 Those not entitled to be deposited in the ballot box shall be 26 marked "Rejected" and disposed of as provided in said 27 Sections 19-9 and 20-9. 28 The precinct judges of election shall open the ballot box 29 and count the number of ballots to determine if the number 30 agrees with the number of voters voting as shown on the 31 Precinct Tabulation Optical Scan Technology equipment and by 32 the applications for ballot or, if the same do not agree, the 33 judges of election shall make the ballots agree with the 34 applications for ballot in the manner provided by Section HB3147 Engrossed -42- LRB9204365JMmbD 1 17-18 of this Code. The judges of election shall then 2 examine all ballots which are in the ballot box to determine 3 whether the ballots contain the initials of a precinct judge 4 of election. If any ballot is not initialed, it shall be 5 marked on the back "Defective", initialed as to such label by 6 all judges immediately under the word "Defective" and not 7 counted. The judges of election shall place an initialed 8 blank official ballot in the place of the defective ballot, 9 so that the count of the ballots to be counted on the 10 automatic tabulating equipment will be the same, and each 11 "Defective Ballot" and "Replacement" ballot shall contain the 12 same serial number which shall be placed thereon by the 13 judges of election, beginning with number 1 and continuing 14 consecutively for the ballots of that kind in that precinct. 15 The original "Defective" ballot shall be placed in the 16 "Defective Ballot Envelope" provided for that purpose. 17 If the judges of election have removed a ballot pursuant 18 to Section 17-18, have labeled "Defective" a ballot which is 19 not initialed, or have otherwise determined under this Code 20 to not count a ballot originally deposited into a ballot box, 21 the judges of election shall be sure that the totals on the 22 automatic tabulating equipment are reset to all zeros in the 23 counting column. Thereafter the judges of election shall 24 enter each ballot to be counted in the automatic tabulating 25 equipment. Resetting the automatic tabulating equipment to 26 all zeros and re-entering of ballots to be counted may occur 27 at the precinct polling place, the office of the election 28 authority, or any receiving station designated by the 29 election authority. The election authority shall designate 30 the place for resetting and re-entering. 31 When a Precinct Tabulation Optical Scan Technology 32 electronic voting system is used which uses a paper ballot, 33 the judges of election shall examine the ballot for write-in 34 votes. When the voter has cast a write-in vote, the judges HB3147 Engrossed -43- LRB9204365JMmbD 1 of election shall compare the write-in vote with the votes on 2 the ballot to determine whether the write-in results in an 3 overvote for any office, unless the Precinct Tabulation 4 Optical Scan Technology equipment has already done so. In 5 case of an overvote for any office, the judges of election, 6 consisting in each case of at least one judge of election of 7 each of the 2 major political parties, shall make a true 8 duplicate ballot of all votes on such ballot except for the 9 office which is overvoted, by using the ballot of the 10 precinct and one of the marking devices of the precinct so as 11 to transfer all votes of the voter, except for the office 12 overvoted, to a duplicate ballot. The original ballot upon 13 which there is an overvote shall be clearly labeled 14 "Overvoted Ballot", and each such "Overvoted Ballot" as well 15 as its "Replacement" shall contain the same serial number 16 which shall be placed thereon by the judges of election, 17 beginning with number 1 and continuing consecutively for the 18 ballots of that kind in that precinct. The "Overvoted 19 Ballot" shall be placed in an envelope provided for that 20 purpose labeled "Duplicate Ballot" envelope, and the judges 21 of election shall initial the "Replacement" ballots and shall 22 place them with the other ballots to be counted on the 23 automatic tabulating equipment. 24 If any ballot is damaged or defective, or if any ballot 25 contains a Voting Defect, so that it cannot properly be 26 counted by the automatic tabulating equipment, the voter or 27 the judges of election, consisting in each case of at least 28 one judge of election of each of the 2 major political 29 parties, shall make a true duplicate ballot of all votes on 30 such ballot by using the ballot of the precinct and one of 31 the marking devices of the precinct. If a damaged ballot, 32 the original ballot shall be clearly labeled "Damaged Ballot" 33 and the ballot so produced shall be clearly labeled "Damaged 34 Ballot" and the ballot so produced shall be clearly labeled HB3147 Engrossed -44- LRB9204365JMmbD 1 "Duplicate Damaged Ballot", and each shall contain the same 2 serial number which shall be placed by the judges of 3 election, beginning with number 1 and continuing 4 consecutively for the ballots of that kind in the precinct. 5 The judges of election shall initial the "Duplicate Damaged 6 Ballot" ballot and shall enter the duplicate damaged ballot 7 into the automatic tabulating equipment. The "Damaged 8 Ballots" shall be placed in the "Duplicated Ballots" 9 envelope; after all ballots have been successfully read, the 10 judges of election shall check to make certain that the 11 Precinct Tabulation Optical Scan Technology equipment readout 12 agrees with the number of voters making application for 13 ballot in that precinct. The number shall be listed on the 14 "Statement of Ballots" form provided by the election 15 authority. 16 The totals for all candidates and propositions shall be 17 tabulated; and 4 copies of a "Certificate of Results" shall 18 be generated by the automatic tabulating equipment; one copy 19 shall be posted in a conspicuous place inside the polling 20 place; and every effort shall be made by the judges of 21 election to provide a copy for each authorized pollwatcher or 22 other official authorized to be present in the polling place 23 to observe the counting of ballots; but in no case shall the 24 number of copies to be made available to pollwatchers be 25 fewer than 4, chosen by lot by the judges of election. In 26 addition, sufficient time shall be provided by the judges of 27 election to the pollwatchers to allow them to copy 28 information from the copy which has been posted. 29 The judges of election shall count all unused ballots and 30 enter the number on the "Statement of Ballots". All 31 "Spoiled", "Defective" and "Duplicated" ballots shall be 32 counted and the number entered on the "Statement of Ballots". 33 The precinct judges of election shall select a 34 bi-partisan team of 2 judges, who shall immediately return HB3147 Engrossed -45- LRB9204365JMmbD 1 the ballots in a sealed container, along with all other 2 election materials as instructed by the election authority; 3 provided, however, that such container must first be sealed 4 by the election judges with filament tape or other approved 5 sealing devices provided for the purpose which shall be 6 wrapped around the container lengthwise and crosswise, at 7 least twice each way, in a manner that the ballots cannot be 8 removed from the container without breaking the seal and 9 filament tape and disturbing any signatures affixed by the 10 election judges to the container, or which other approved 11 sealing devices are affixed in a manner approved by the 12 election authority. The election authority shall keep the 13 office of the election authority or any receiving stations 14 designated by the authority, open for at least 12 consecutive 15 hours after the polls close or until the ballots from all 16 precincts with in-precinct automatic tabulatingcounting17 equipment within the jurisdiction of the election authority 18 have been returned to the election authority. Ballots 19 returned to the office of the election authority which are 20 not signed and sealed as required by law shall not be 21 accepted by the election authority until the judges returning 22 the ballots make and sign the necessary corrections. Upon 23 acceptance of the ballots by the election authority, the 24 judges returning the ballots shall take a receipt signed by 25 the election authority and stamped with the time and date of 26 the return. The election judges whose duty it is to return 27 any ballots as provided shall, in the event the ballots 28 cannot be found when needed, on proper request, produce the 29 receipt which they are to take as above provided. The 30 precinct judges of election shall also deliver the Precinct 31 Tabulation Optical Scan Technology equipment to the election 32 authority. 33 (Source: P.A. 89-394, eff. 1-1-97.) HB3147 Engrossed -46- LRB9204365JMmbD 1 (10 ILCS 5/24B-14) 2 Sec. 24B-14. Damaged Ballots; Duplicates. In precincts 3 that utilize in-precinct automatic tabulating equipment 4 having voting defect identification capability and in which 5 voters insert their ballots into the automatic tabulating 6 equipment, if any ballot is damaged or defective so that it 7 cannot properly be counted by the automatic Precinct 8 Tabulation Optical Scan Technology tabulating equipment, that 9 ballot shall be treated as a spoiled ballot as provided in 10 Section 24B-10.1.If any ballot is damaged or defective so11that it cannot properly be counted by the automatic Precinct12Tabulation Optical Scan Technology tabulating equipment, a13true duplicate copy shall be made of the damaged ballot in14the presence of witnesses and substituted for the damaged15ballot. Likewise, a duplicate ballot shall be made of a16defective ballot which shall not include the invalid votes.17All duplicate ballots shall be clearly labeled "Duplicate",18shall bear a serial number which shall be registered on the19damaged or defective ballot, and shall be counted in lieu of20the damaged or defective ballot.21 (Source: P.A. 89-394, eff. 1-1-97.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.