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92_HB3147eng
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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 7-19, 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
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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
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1 from congressional districts to National nominating
2 conventions, member or members of the State central
3 committee, trustees of sanitary districts, county offices,
4 judicial officers, city, village and incorporated town
5 offices, town offices, or of such of the said offices as
6 candidates are to be nominated for at such primary, and
7 precinct, township or ward committeemen. If two or more
8 columns are used, the foregoing offices to and including
9 member of the State central committee shall be listed in the
10 left-hand column and Senatorial offices, as defined in
11 Section 8-3, shall be the first offices listed in the second
12 column.
13 Below the name of each office shall be printed in small
14 letters the directions to voters: "Vote for one"; "Vote for
15 two"; "Vote for three"; or a spelled number designating how
16 many persons under that head are to be voted for.
17 Next to the name of each candidate for delegate or
18 alternate delegate to a national nominating convention shall
19 appear either (a) the name of the candidate's preference for
20 President of the United States or the word "uncommitted" or
21 (b) no official designation, depending upon the action taken
22 by the State central committee pursuant to Section 7-10.3 of
23 this Act.
24 Below the name of each office shall be printed in capital
25 letters the names of all candidates, arranged in the order in
26 which their petitions for nominations were filed, except as
27 otherwise provided in Sections 7-14 and 7-17 of this Article.
28 Opposite and in front of the name of each candidate shall be
29 printed a square and all squares upon the primary ballot
30 shall be of uniform size. Spaces between the names of
31 candidates under each office shall be uniform and sufficient
32 spaces shall separate the names of candidates for one office
33 from the names of candidates for another office, to avoid
34 confusion and to permit the writing in of the names of other
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1 candidates.
2 Where voting machines or electronic voting systems are
3 used, the provisions of this Section may be modified as
4 required or authorized by Article 24, or Article 24A, 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, or Article 24A, or
31 Article 24B, whichever is applicable.
32 (Source: Laws 1965, p. 2220.)
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1 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
2 Sec. 7-47. Before leaving the booth, the primary elector
3 shall fold his primary ballot in such manner as to conceal
4 the marks thereon. Such voter shall then vote forthwith by
5 handing the primary judge the primary ballot received by such
6 voter. Thereupon the primary judge shall deposit such primary
7 ballot in the ballot box. One of the judges shall thereupon
8 enter in the primary poll book the name of the primary
9 elector, his residence and his party affiliation or shall
10 make the entries on the official poll record as required by
11 articles 4, 5 and 6, if any one of them is applicable.
12 Where voting machines or electronic voting systems are
13 used, the provisions of this section may be modified as
14 required or authorized by Article 24, or Article 24A, 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, or Article 24A, or
25 Article 24B, whichever is applicable.
26 (Source: Laws 1965, p. 2220.)
27 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
28 Sec. 7-52. Immediately upon closing the polls, the
29 primary judges shall proceed to canvass the votes in the
30 manner following:
31 (1) They shall separate and count the ballots of each
32 political party.
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1 (2) They shall then proceed to ascertain the number of
2 names entered on the applications for ballot under each party
3 affiliation.
4 (3) If the primary ballots of any political party exceed
5 the number of applications for ballot by voters of such
6 political party, the primary ballots of such political party
7 shall be folded and replaced in the ballot box, the box
8 closed, well shaken and again opened and one of the primary
9 judges, who shall be blindfolded, shall draw out so many of
10 the primary ballots of such political party as shall be equal
11 to such excess. Such excess ballots shall be marked
12 "Excess-Not Counted" and signed by a majority of the judges
13 and shall be placed in the "After 6:00 p.m. Defective Ballots
14 Envelope". The number of excess ballots shall be noted in the
15 remarks section of the Certificate of Results. "Excess"
16 ballots shall not be counted in the total of "defective"
17 ballots;
18 (4) The primary judges shall then proceed to count the
19 primary ballots of each political party separately; and as
20 the primary judges shall open and read the primary ballots, 3
21 of the judges shall carefully and correctly mark upon
22 separate tally sheets the votes which each candidate of the
23 party whose name is written or printed on the primary ballot
24 has received, in a separate column for that purpose, with the
25 name of such candidate, the name of his political party and
26 the name of the office for which he is a candidate for
27 nomination at the head of such column.
28 Where voting machines or electronic voting systems are
29 used, the provisions of this section may be modified as
30 required or authorized by Article 24, or Article 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)
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1 Sec. 7-53. As soon as the ballots of a political party
2 shall have been read and the votes of the political party
3 counted, as provided in the last above section, the 3 judges
4 in charge of the tally sheets shall foot up the tally sheets
5 so as to show the total number of votes cast for each
6 candidate of the political party and for each candidate for
7 State Central committeeman and precinct committeeman,
8 township committeeman or ward committeeman, and delegate and
9 alternate delegate to National nominating conventions, and
10 certify the same to be correct. Thereupon, the primary judges
11 shall set down in a certificate of results on the tally
12 sheet, under the name of the political party, the name of
13 each candidate voted for upon the primary ballot, written at
14 full length, the name of the office for which he is a
15 candidate for nomination or for committeeman, or delegate or
16 alternate delegate to National nominating conventions, the
17 total number of votes which the candidate received, and they
18 shall also set down the total number of ballots voted by the
19 primary electors of the political party in the precinct. The
20 certificate of results shall be made substantially in the
21 following form:
22 ................ Party
23 At the primary election held in the .... precinct of the
24 (1) *township of ...., or (2) *City of ...., or (3) *....
25 ward in the city of .... on (insert date), the primary
26 electors of the .... party voted .... ballots, and the
27 respective candidates whose names were written or printed on
28 the primary ballot of the .... party, received respectively
29 the following votes:
30 Name of No. of
31 Candidate, Title of Office, Votes
32 John Jones Governor 100
33 Sam Smith Governor 70
34 Frank Martin Attorney General 150
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1 William Preston Rep. in Congress 200
2 Frederick John Circuit Judge 50
3 *Fill in either (1), (2) or (3).
4 And so on for each candidate.
5 We hereby certify the above and foregoing to be true and
6 correct.
7 Dated (insert date).
8 ...................................
9 Name Address
10 ...................................
11 Name Address
12 ...................................
13 Name Address
14 ...................................
15 Name Address
16 ...................................
17 Name Address
18 Judges of Primary
19 Where voting machines or electronic voting systems are
20 used, the provisions of this Section may be modified as
21 required or authorized by Article 24, and Article 24A, 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
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1 sealed in an envelope, which envelope shall be endorsed as
2 follows:
3 "Primary ballots of the.... party of the.... precinct of
4 the county of.... and State of Illinois."
5 Below each endorsement, each primary judge shall write
6 his name.
7 Immediately thereafter the judges shall designate one of
8 their number to go to the nearest telephone and report to the
9 office of the county clerk or board of election commissioners
10 (as the case may be) the results of such primary. Such clerk
11 or board shall keep his or its office open after the close of
12 the polls until he or it has received from each precinct
13 under his or its jurisdiction the report above provided for.
14 Immediately upon receiving such report such clerk or board
15 shall cause the same to be posted in a public place in his or
16 its office for inspection by the public. Immediately after
17 making such report such judge shall return to the polling
18 place.
19 Where voting machines or electronic voting systems are
20 used, the provisions of this section may be modified as
21 required or authorized by Article 24, or Article 24A, 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
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1 primary ballots were obtained, which clerk shall safely keep
2 the same for 2 months, and thereafter shall safely keep the
3 poll books until the next primary. Each election authority
4 shall keep the office of the election authority, or any
5 receiving stations designated by such authority, open for at
6 least 12 consecutive hours after the polls close, or until
7 the judges of each precinct under the jurisdiction of the
8 election authority have delivered to the election authority
9 all the above materials sealed up together and properly
10 endorsed as provided herein. Materials delivered to the
11 election authority which are not in the condition required by
12 this Section shall not be accepted by the election authority
13 until the judges delivering the same make and sign the
14 necessary corrections. Upon acceptance of the materials by
15 the election authority, the judges delivering the same shall
16 take a receipt signed by the election authority and stamped
17 with the time and date of such delivery. The election judges
18 whose duty it is to deliver any materials as above provided
19 shall, in the event such materials cannot be found when
20 needed, on proper request, produce the receipt which they are
21 to take as above provided.
22 The county clerk or board of election commissioners shall
23 deliver a copy of each tally sheet to the county chairmen of
24 the two largest political parties.
25 Where voting machines or electronic voting systems are
26 used, the provisions of this section may be modified as
27 required or authorized by Article 24, and Article 24A, 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
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1 electronic voting systems pursuant to Article 24A of this
2 Code or Precinct Tabulation Optical Scan Technology voting
3 equipment pursuant to Article 24B of this Code, and the
4 provisions of those Articles the Article are in conflict with
5 the provisions of this Article 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, either Article
15 24B, or the administrative rules of the State Board of
16 Elections.
17 (Source: P.A. 89-394, eff. 1-1-97.)
18 (10 ILCS 5/15-6)
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 Articles the Article are 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
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1 authorized by the State Board of Elections as long as the
2 procedure is not in conflict with Article 24A, either Article
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 Articles the Article are 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, either Article
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
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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
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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 Articles the Article are 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
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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 with either Article 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 Articles the Article are 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 with either Article 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.)
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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 Articles the Article are 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, either Article
19 24B, or the administrative rules of the State Board of
20 Elections.
21 (Source: P.A. 89-394, eff. 1-1-97.)
22 (10 ILCS 5/20-15)
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 Articles the Article are 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
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1 provisions of Article 24A or Article 24B, the election
2 authority is authorized to develop and implement procedures
3 to fully utilize electronic voting systems or Precinct
4 Tabulation Optical Scan Technology voting equipment
5 authorized by the State Board of Elections as long as the
6 procedure is not in conflict with Article 24A, either Article
7 24B, or the administrative rules of the State Board of
8 Elections.
9 (Source: P.A. 89-394, eff. 1-1-97.)
10 (10 ILCS 5/24A-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.
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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
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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
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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
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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, security or envelope, or security sleeve in which the
9 elector places his ballot card after voting, shall be
10 designated and provided by the election authority if
11 necessary to permit electors to write in the names of persons
12 whose names are not on the ballot. The ballots, ballot cards,
13 and security ballot card envelopes 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
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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
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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
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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
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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 tabulating counting equipment is
11 utilized, the following procedures for counting and tallying
12 the ballots 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
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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
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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.
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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
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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 Code Act.
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
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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 separating the remaining
13 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
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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.
28 Before the ballots are entered into the automatic
29 tabulating equipment, a precinct identification card
30 provided by the election authority shall be entered into
31 the device to ensure that the totals are all zeroes in
32 the count column on the printing unit. A precinct judge
33 of election shall then count the ballots by entering each
34 ballot card into the automatic tabulating equipment, and
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1 if any ballot or ballot card is damaged or defective so
2 that it cannot properly be counted by the automatic
3 tabulating equipment, the judges of election, consisting
4 in each case of at least one judge of election of each of
5 the 2 major political parties, shall make a true
6 duplicate ballot of all votes on such ballot card by
7 using the ballot label booklet of the precinct and one of
8 the marking devices of the precinct. The original ballot
9 or ballot card and envelope shall be clearly labeled
10 "Damaged Ballot" and the ballot or ballot card so
11 produced shall be clearly labeled "Duplicate Damaged
12 Ballot", and each shall contain the same serial number
13 which shall be placed thereon by the judges of election,
14 commencing with number 1 and continuing consecutively for
15 the ballots of that kind in the precinct. The judges of
16 election shall initial the "Duplicate Damaged Ballot"
17 ballot or ballot cards and shall enter the duplicate
18 damaged cards into the automatic tabulating equipment.
19 The "Damaged Ballot" cards shall be placed in the
20 "Duplicated Ballots" envelope; after all ballot cards
21 have been successfully read, the judges of election shall
22 check to make certain that the last number printed by the
23 printing unit is the same as the number of voters making
24 application for ballot in that precinct. The number
25 shall be listed on the "Statement of Ballots" form
26 provided 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
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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 tabulating counting equipment
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
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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 it
20 cannot properly be counted by the automatic tabulating
21 equipment, a true duplicate copy shall be made of the damaged
22 ballot in the presence of witnesses and substituted for the
23 damaged ballot. Likewise, a duplicate ballot shall be made of
24 a defective ballot which shall not include the invalid votes.
25 All duplicate ballots shall be clearly labeled "duplicate",
26 shall bear a serial number which shall be registered on the
27 damaged or defective ballot, and shall be counted in lieu of
28 the 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
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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.
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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.
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1 "Voting defect identification" means the capability to
2 detect overvoted ballots that contain a voting defect or
3 ballots which cannot be read by the automatic tabulating
4 equipment.
5 "Voting defects" means an overvoted ballot, an undervoted
6 ballot, or a 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 zero shall be sure that the totals are all
31 zeros in the counting column. Ballots may then be counted by
32 entering each ballot into the automatic tabulating equipment.
33 After the polls have been declared open, each ballot
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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 to may check for any vote
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
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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 be
5 programmed so that no person may reset the equipment for
6 refeeding of ballots unless provided a code from an
7 authorized representative of the election authority. At the
8 option of the election authority, the ballots may be fed into
9 the Precinct Tabulation Optical Scan Technology equipment by
10 the voters under the direct supervision of the judges of
11 elections.
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
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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
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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
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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
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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
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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
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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 tabulating counting
17 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.)
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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 so
11 that it cannot properly be counted by the automatic Precinct
12 Tabulation Optical Scan Technology tabulating equipment, a
13 true duplicate copy shall be made of the damaged ballot in
14 the presence of witnesses and substituted for the damaged
15 ballot. Likewise, a duplicate ballot shall be made of a
16 defective ballot which shall not include the invalid votes.
17 All duplicate ballots shall be clearly labeled "Duplicate",
18 shall bear a serial number which shall be registered on the
19 damaged or defective ballot, and shall be counted in lieu of
20 the 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.
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