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92_SB0663eng SB663 Engrossed LRB9207745JMmb 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 16-3, 16-6.1, 24-1, 24A-1 and 24B-2 as follows: 6 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3) 7 Sec. 16-3. The names of all candidates to be voted for 8 in each election district or precinct shall be printed on one 9 ballot, except as is provided in Sections 16-6.1 and 21-1.01 10 of this Act and except as otherwise provided in this Act with 11 respect to the odd year regular elections and the emergency 12 referenda; all nominations of any political party being 13 placed under the party appellation or title of such party as 14 designated in the certificates of nomination or petitions. 15 The names of all independent candidates shall be printed upon 16 the ballot in a column or columns under the heading 17 "independent" arranged under the names or titles of the 18 respective offices for which such independent candidates 19 shall have been nominated and so far as practicable, the name 20 or names of any independent candidate or candidates for any 21 office shall be printed upon the ballot opposite the name or 22 names of any candidate or candidates for the same office 23 contained in any party column or columns upon said ballot. 24 The ballot shall contain no other names, except that in cases 25 of electors for President and Vice-President of the United 26 States, the names of the candidates for President and 27 Vice-President may be added to the party designation and 28 words calculated to aid the voter in his choice of candidates 29 may be added, such as "Vote for one," "Vote for three." When 30 an electronic voting system is used which utilizes a ballot 31 label booklet, the candidates and questions shall appear on SB663 Engrossed -2- LRB9207745JMmb 1 the pages of such booklet in the order provided by this Code; 2 and, in any case where candidates for an office appear on a 3 page which does not contain the name of any candidate for 4 another office, and where less than 50% of the page is 5 utilized, the name of no candidate shall be printed on the 6 lowest 25% of such page. On the back or outside of the 7 ballot, so as to appear when folded, shall be printed the 8 words "Official Ballot", followed by the designation of the 9 polling place for which the ballot is prepared, the date of 10 the election and a facsimile of the signature of the election 11 authority who has caused the ballots to be printed. The 12 ballots shall be of plain white paper, through which the 13 printing or writing cannot be read. However, ballots for use 14 at the nonpartisan and consolidated elections may be printed 15 on different color paper, except blue paper, whenever 16 necessary or desirable to facilitate distinguishing between 17 ballots for different political subdivisions. In the case of 18 nonpartisan elections for officers of a political 19 subdivision, unless the statute or an ordinance adopted 20 pursuant to Article VII of the Constitution providing the 21 form of government therefor requires otherwise, the column 22 listing such nonpartisan candidates shall be printed with no 23 appellation or circle at its head. The party appellation or 24 title, or the word "independent" at the head of any column 25 provided for independent candidates, shall be printed in 26capitalletters not less than one-fourth of an inch in height 27 and a circle one-half inch in diameter shall be printed at 28 the beginning of the line in which such appellation or title 29 is printed, provided, however, that no such circle shall be 30 printed at the head of any column or columns provided for 31 such independent candidates. The names of candidates shall be 32 printed incapitalletters not less than one-eighth nor more 33 than one-fourth of an inch in height, and at the beginning of 34 each line in which a name of a candidate is printed a square SB663 Engrossed -3- LRB9207745JMmb 1 shall be printed, the sides of which shall be not less than 2 one-fourth of an inch in length. However, the names of the 3 candidates for Governor and Lieutenant Governor on the same 4 ticket shall be printed within a bracket and a single square 5 shall be printed in front of the bracket. The list of 6 candidates of the several parties and any such list of 7 independent candidates shall be placed in separate columns on 8 the ballot in such order as the election authorities charged 9 with the printing of the ballots shall decide; provided, that 10 the names of the candidates of the several political parties, 11 certified by the State Board of Elections to the several 12 county clerks shall be printed by the county clerk of the 13 proper county on the official ballot in the order certified 14 by the State Board of Elections. Any county clerk refusing, 15 neglecting or failing to print on the official ballot the 16 names of candidates of the several political parties in the 17 order certified by the State Board of Elections, and any 18 county clerk who prints or causes to be printed upon the 19 official ballot the name of a candidate, for an office to be 20 filled by the Electors of the entire State, whose name has 21 not been duly certified to him upon a certificate signed by 22 the State Board of Elections shall be guilty of a Class C 23 misdemeanor. 24 When an electronic voting system is used which utilizes a 25 ballot card, on the inside flap of each ballot card envelope 26 there shall be printed a form for write-in voting which shall 27 be substantially as follows: 28 WRITE-IN VOTES 29 (See card of instructions for specific information. 30 Duplicate form below by hand for additional write-in votes.) 31 _____________________________ 32 Title of Office 33 ( ) ____________________________ 34 Name of Candidate SB663 Engrossed -4- LRB9207745JMmb 1 When an electronic voting system is used which uses a 2 ballot sheet, the instructions to voters on the ballot sheet 3 shall refer the voter to the card of instructions for 4 specific information on write-in voting. Below each office 5 appearing on such ballot sheet there shall be a provision for 6 the casting of a write-in vote. 7 When such electronic system is used, there shall be 8 printed on the back of each ballot card, each ballot card 9 envelope, and the first page of the ballot label when a 10 ballot label is used, the words "Official Ballot," followed 11 by the number of the precinct or other precinct 12 identification, which may be stamped, in lieu thereof and, as 13 applicable, the number and name of the township, ward or 14 other election district for which the ballot card, ballot 15 card envelope, and ballot label are prepared, the date of the 16 election and a facsimile of the signature of the election 17 authority who has caused the ballots to be printed. The back 18 of the ballot card shall also include a method of identifying 19 the ballot configuration such as a listing of the political 20 subdivisions and districts for which votes may be cast on 21 that ballot, or a number code identifying the ballot 22 configuration or color coded ballots, except that where there 23 is only one ballot configuration in a precinct, the precinct 24 identification, and any applicable ward identification, shall 25 be sufficient. Ballot card envelopes used in punch card 26 systems shall be of paper through which no writing or punches 27 may be discerned and shall be of sufficient length to enclose 28 all voting positions. However, the election authority may 29 provide ballot card envelopes on which no precinct number or 30 township, ward or other election district designation, or 31 election date are preprinted, if space and a preprinted form 32 are provided below the space provided for the names of 33 write-in candidates where such information may be entered by 34 the judges of election. Whenever an election authority SB663 Engrossed -5- LRB9207745JMmb 1 utilizes ballot card envelopes on which the election date and 2 precinct is not preprinted, a judge of election shall mark 3 such information for the particular precinct and election on 4 the envelope in ink before tallying and counting any write-in 5 vote written thereon. If some method of insuring ballot 6 secrecy other than an envelope is used, such information must 7 be provided on the ballot itself. 8 In the designation of the name of a candidate on the 9 ballot, the candidate's given name or names, initial or 10 initials, a nickname by which the candidate is commonly 11 known, or a combination thereof, may be used in addition to 12 the candidate's surname. No other designation such as a title 13 or degree or nickname suggesting or implying possession of a 14 title, degree or professional status, or similar information 15 may be used in connection with the candidate's surname, 16 except that the title "Mrs." may be used in the case of a 17 married woman. 18 Where voting machines or electronic voting systems are 19 used, the provisions of this Section may be modified as 20 required or authorized by Article 24 or Article 24A, 21 whichever is applicable. 22 Nothing in this Section shall prohibit election 23 authorities from using or reusing ballot card envelopes which 24 were printed before the effective date of this amendatory Act 25 of 1985. 26 (Source: P.A. 84-1308.) 27 (10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1) 28 Sec. 16-6.1. In elections held pursuant to the 29 provisions of Section 12 of Article VI of the Constitution 30 relating to retention of judges in office, the form of the 31 proposition to be submitted for each candidate shall be as 32 provided in paragraph (1) or (2), as the election authority 33 may choose. SB663 Engrossed -6- LRB9207745JMmb 1 (1) The names of all persons seeking retention in 2 the same office shall be listed, in the order provided in 3 this Section, with one proposition that reads 4 substantially as follows: "Shall each of the persons 5 listed be retained in office as (insert name of office 6 and court)?". To the right of each candidate's name must 7 be places for the voter to mark "Yes" or "No". If the 8 list of candidates for retention in the same office 9 exceeds one page of the ballot, the proposition must 10 appear on each page upon which the list of candidates 11 continues. 12 (2) The form of the proposition for each candidate 13 shall be substantially as follows: 14 ___________________________________________________ 15 Shall ....... (insert name YES 16 of candidate) be retained in 17 office as ..... (insert name 18 of office and Court)? NO 19 ___________________________________________________ 20 The names of all candidates thus submitting their names 21 for retention in office in any particular judicial district 22 or circuit shall appear on the same ballot which shall be 23 separate from all other ballots voted on at the general 24 election. 25 Propositions on Supreme Court judges, if any are seeking 26 retention, shall appear on the ballot in the first group, for 27 judges of the Appellate Court in the second group immediately 28 under the first, and for circuit judges in the last group. 29 The grouping of candidates for the same office shall be 30 preceded by a heading describing the office and the court. 31 If there are two or more candidates for each office, the 32 names of such candidates in each group shall be listed in the 33 order determined as follows: The name of the person with the 34 greatest length of time served in the specified office of the SB663 Engrossed -7- LRB9207745JMmb 1 specified court shall be listed first in each group. The 2 rest of the names shall be listed in the appropriate order 3 based on the same seniority standard. If two or more 4 candidates for each office have served identical periods of 5 time in the specified office, such candidates shall be listed 6 alphabetically at the appropriate place in the order of names 7 based on seniority in the office as described. Circuit 8 judges shall be credited for the purposes of this section 9 with service as associate judges prior to July 1, 1971 and 10 with service on any court the judges of which were made 11 associate judges on January 1, 1964 by virtue of Paragraph 4, 12 subparagraphs (c) and (d) of the Schedule to Article VI of 13 the former Illinois Constitution. 14 At the top of the ballot on the same side as the 15 propositions on the candidates are listed shall be printed an 16 explanation to read substantially as follows: "Vote on the 17 proposition with respect to all or any of the judges listed 18 on this ballot. No judge listed is running against any other 19 judge. The sole question is whether each judge shall be 20 retained in his present office". 21 Such separate ballot shall be printed on paper of 22 sufficient size so that when folded once it shall be large 23 enough to contain the following words, which shall be printed 24 on the back, "Ballot for judicial candidates seeking 25 retention in office". Such ballot shall be handed to the 26 elector at the same time as the ballot containing the names 27 of other candidates for the general election and shall be 28 returned therewith by the elector to the proper officer in 29 the manner designated by this Act. All provisions of this 30 Act relating to ballots shall apply to such separate ballot, 31 except as otherwise specifically provided in this section. 32 Such separate ballot shall be printed upon paper of a green 33 color. No other ballot at the same election shall be green 34 in color. SB663 Engrossed -8- LRB9207745JMmb 1 In precincts in which voting machines are used, the 2 special ballot containing the propositions on the retention 3 of judges may be placed on the voting machines if such voting 4 machines permit the casting of votes on such propositions. 5 An electronic voting system authorized by Article 24A may 6 be used in voting and tabulating the judicial retention 7 ballots. When an electronic voting system is used which 8 utilizes a ballot label booklet and ballot card, there shall 9 be used in the label booklet a separate ballot label page or 10 pages as required for such proposition, which page or pages 11 for such proposition shall be of a green color separate and 12 distinct from the ballot label page or pages used for any 13 other proposition or candidates. 14 (Source: P.A. 79-201.) 15 (10 ILCS 5/24-1) (from Ch. 46, par. 24-1) 16 Sec. 24-1. The election authority in all jurisdictions 17 when voting machines are used shall, except as otherwise 18 provided in this Code, provide a voting machine or voting 19 machines for any or all of the election precincts or election 20 districts, as the case may be, for which the election 21 authority is by law charged with the duty of conducting an 22 election or elections. A voting machine or machines 23 sufficient in number to provide a machine for each 400 voters 24 or fraction thereof shall be supplied for use at all 25 elections. However, no such voting machine shall be used, 26 purchased, or adopted until the board of voting machine 27 commissioners hereinafter provided for, or a majority 28 thereof, shall have made and filed a report certifying that 29 they have examined such machine; that it affords each elector 30 an opportunity to vote in absolute secrecy; that it enables 31 each elector to vote a ticket selected in part from the 32 nominees of one party, and in part from the nominees of any 33 or all other parties, and in part from independent nominees SB663 Engrossed -9- LRB9207745JMmb 1 printed in the columns of candidates for public office, and 2 in part of persons not in nomination by any party or upon any 3 independent ticket; that it enables each elector to vote a 4 written or printed ballot of his own selection, for any 5 person for any office for whom he may desire to vote; that it 6 enables each elector to vote for all candidates for whom he 7 is entitled to vote, and prevents him from voting for any 8 candidate for any office more than once, unless he is 9 lawfully entitled to cast more than one vote for one 10 candidate, and in that event permits him to cast only as many 11 votes for that candidate as he is by law entitled, and no 12 more; that it prevents the elector from voting for more than 13 one person for the same office, unless he is lawfully 14 entitled to vote for more than one person therefor, and in 15 that event permits him to vote for as many persons for that 16 office as he is by law entitled, and no more; and that such 17 machine will register correctly by means of exact counters 18 every vote cast for the regular tickets thereon; and has the 19 capacity to contain the tickets of at least 5 political 20 parties with the names of all the candidates thereon, 21 together with all propositions in the form provided by law, 22 where such form is prescribed, and where no such provision is 23 made for the form thereof, then in brief form, not to exceed 24 75 words; that all votes cast on the machine on a regular 25 ballot or ballots shall be registered; that voters may, by 26 means of irregular ballots or otherwise vote for any person 27 for any office, although such person may not have been 28 nominated by any party and his name may not appear on such 29 machine; that when a vote is cast for any person for any such 30 office, when his name does not appear on the machine, the 31 elector cannot vote for any other name on the machine for the 32 same office; that each elector can, understandingly and 33 within the period of 4 minutes cast his vote for all 34 candidates of his choice; that the machine is so constructed SB663 Engrossed -10- LRB9207745JMmb 1 that the candidates for presidential electors of any party 2 can be voted for only by voting for the ballot label 3 containing a bracket within which are the names of the 4 candidates for President and Vice-President of the party or 5 group; that the machine is provided with a lock or locks by 6 the use of which any movement of the voting or registering 7 mechanism is absolutely prevented so that it cannot be 8 tampered with or manipulated for any purpose; that the 9 machine is susceptible of being closed during the progress of 10 the voting so that no person can see or know the number of 11 votes registered for any candidate; that each elector is 12 permitted to vote for or against any question, proposition or 13 amendment upon which he is entitled to vote, and is prevented 14 from voting for or against any question, proposition or 15 amendment upon which he is not entitled to vote; that the 16 machine is capable of adjustment by the election authority, 17 so as to permit the elector, at a party primary election, to 18 vote only for the candidates seeking nomination by the 19 political party in which primary he is entitled to vote: 20 Provided, also that no such machine or machines shall be 21 purchased, unless the party or parties making the sale shall 22 guarantee in writing to keep the machine or machines in good 23 working order for 5 years without additional cost and shall 24 give a sufficient bond conditioned to that effect. However, 25 in no case shall a voting machine be authorized by the State 26 Board of Elections or used by an election authority to detect 27 undervoted ballots or ballots that do not contain the 28 initials of a judge of election. Undervoted ballots are 29 ballots in which the voter does not vote for any candidate 30 for an office. 31 (Source: P.A. 89-700, eff. 1-17-97.) 32 (10 ILCS 5/24A-1) (from Ch. 46, par. 24A-1) 33 Sec. 24A-1. The purpose of this Article is to authorize SB663 Engrossed -11- LRB9207745JMmb 1 the use of voting systems approved by the State Board of 2 Elections in which the voter records his votes by means of 3 marking or punching a ballot or one or more ballot cards, 4 which are so designed that votes will be counted by data 5 processing machines at one or more counting places. 6 Notwithstanding any other provision of law to the contrary, 7 no voting system shall be authorized by the State Board of 8 Elections or used by an election authority to detect 9 undervoted ballots or ballots that do not contain the 10 initials of a judge of election. Undervoted ballots are 11 ballots in which the voter does not vote for any candidate 12 for an office. 13 (Source: P.A. 84-862.) 14 (10 ILCS 5/24B-2) 15 Sec. 24B-2. Definitions. As used in this Article: 16 "Computer", "automatic tabulating equipment" or 17 "equipment" includes apparatus necessary to automatically 18 examine and count votes as designated on ballots, and data 19 processing machines which can be used for counting ballots 20 and tabulating results. 21 "Ballot" means paper ballot sheets. 22 "Ballot configuration" means the particular combination 23 of political subdivision ballots including, for each 24 political subdivision, the particular combination of offices, 25 candidate names and questions as it appears for each group of 26 voters who may cast the same ballot. 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 areas clearly printed or otherwise delineated 31 for such purpose, and (2) capable of having votes marked in 32 the designated areas automatically examined, counted, and 33 tabulated by an electronic scanning process. SB663 Engrossed -12- LRB9207745JMmb 1 "Central counting" means the counting of ballots in one 2 or more locations selected by the election authority for the 3 processing or counting, or both, of ballots. A location for 4 central counting shall be within the territorial jurisdiction 5 of the election authority unless there is no suitable 6 tabulating equipment available within his territorial 7 jurisdiction. However, in any event a counting location 8 shall be within this State. 9 "Computer operator" means any person or persons 10 designated by the election authority to operate the automatic 11 tabulating equipment during any portion of the vote tallying 12 process in an election, but shall not include judges of 13 election operating vote tabulating equipment in the precinct. 14 "Computer program" or "program" means the set of 15 operating instructions for the automatic tabulating equipment 16 that examines, counts, tabulates, canvasses and prints votes 17 recorded by a voter on a ballot. 18 "Edit listing" means a computer generated listing of the 19 names of each candidate and proposition as they appear in the 20 program for each precinct. 21 "Header sheet" means a data processing document which is 22 coded to indicate to the computer the precinct identity of 23 the ballots that will follow immediately and may indicate to 24 the computer how such ballots are to be tabulated. 25 "In-precinct counting" means the counting of ballots on 26 automatic tabulating equipment provided by the election 27 authority in the same precinct polling place in which those 28 ballots have been cast. 29 "Marking device" means a pen or similar device approved 30 by the State Board of Elections for marking a paper ballot 31 with ink or other substance which will enable the ballot to 32 be tabulated by automatic tabulating equipment or by an 33 electronic scanning process. 34 "Precinct Tabulation Optical Scan Technology" means the SB663 Engrossed -13- LRB9207745JMmb 1 capability to examine a ballot through electronic means and 2 tabulate the votes at one or more counting places. 3 "Redundant count" means a verification of the original 4 computer count by another count using compatible equipment or 5 by hand as part of a discovery recount. 6 "Security designation" means a printed designation placed 7 on a ballot to identify to the computer program the offices 8 and propositions for which votes may be cast and to indicate 9 the manner in which votes cast should be tabulated while 10 negating any inadmissible votes. 11 "Separate ballot", with respect to ballot sheets, means a 12 separate portion of the ballot sheet which is clearly defined 13 by a border or borders or shading. 14 "Voting defect identification" means the capability to 15 detect overvoted ballots or ballots which cannot be read by 16 the automatic tabulating equipment. In no case shall the 17 voting defect identification be enabled to detect undervoted 18 ballots or ballots that do not contain the initials of a 19 judge of election. 20 "Voting defects" means an overvoted ballot, or a ballot 21 which cannot be read by the automatic tabulating equipment. 22 "Voting system" or "electronic voting system" means that 23 combination of equipment and programs used in the casting, 24 examination and tabulation of ballots and the cumulation and 25 reporting of results by electronic means. 26 (Source: P.A. 89-394, eff. 1-1-97.)