Public Act 094-1073
 		





SB2340 Enrolled
LRB094 16578 JAM 51839 b






    AN ACT concerning elections.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Election Code is amended  by changing Section 
24C-12 as follows:
 



    (10 ILCS 5/24C-12)



    Sec. 24C-12. Procedures for Counting and Tallying of

Ballots. In an election jurisdiction where a Direct Recording

Electronic Voting System is used, the following procedures for

counting and tallying the ballots shall apply:

    Before the opening of the polls, the judges of elections

shall assemble the voting equipment and devices and turn the

equipment on.  The judges shall, if necessary, take steps to

activate the voting devices and counting equipment by inserting

into the equipment and voting devices appropriate data cards

containing passwords and data codes that will select the proper

ballot formats selected for that polling place and that will

prevent inadvertent or unauthorized activation of the 
poll-opening function.
Before voting begins and before ballots 
are
entered into the voting devices, the judges of election 
shall
cause to be printed a record of the following: the 
election's
identification data, the device's unit 
identification, the
ballot's format identification, the 
contents of each active
candidate register by office and of 
each active public question
register showing that they contain 
all zero votes, all ballot
fields that can be used to invoke 
special voting options, and
other information needed to ensure 
the readiness of the
equipment and to accommodate 
administrative reporting
requirements.  The judges must also 
check to be sure that the
totals are all zeros in the counting 
columns and in the public
counter affixed to the voting 
devices.

    After the judges have determined that a person is qualified

to vote, a voting device with the proper ballot to which the

voter is entitled shall be enabled to be used by the voter.  The

ballot may then be cast by the voter by marking by appropriate

means the designated area of the ballot for the casting of a

vote for any candidate or for or against any public question.

The voter shall be able to vote for any and all candidates and

public measures appearing on the ballot in any legal number and

combination and the voter shall be able to delete, change or

correct his or her selections before the ballot is cast.  The

voter shall be able to select candidates whose names do not

appear upon the ballot for any office by entering 
electronically
as many names of candidates as the voter is 
entitled to select
for each office.

    Upon completing his or her selection of candidates or

public questions, the voter shall signify that voting has been

completed by activating the appropriate button, switch or 
active
area of the ballot screen associated with end of voting.  
Upon
activation, the voting system shall record an image of the

completed ballot, increment the proper ballot position

registers, and shall signify to the voter that the ballot has

been cast.  Upon activation, the voting system shall also print

a permanent paper record of each ballot cast as defined in

Section 24C-2 of this Code.  This permanent paper record shall

(i) be printed in a clear, readily readable format that can be 
easily reviewed by the voter for completeness and accuracy and 
(ii) either be self-contained within the voting device or be

deposited by the voter into a secure ballot box.  No permanent

paper record shall be removed from the polling place except by

election officials as authorized by this Article.  All permanent

paper records shall be preserved and secured by election

officials in the same manner as paper ballots and shall be

available as an official record for any recount, redundant

count, or verification or retabulation of the vote count

conducted with respect to any election in which the voting

system is used.    The voter shall exit the voting station and
the 
voting system shall prevent any further attempt to vote
until 
it has been properly re-activated.  If a voting device has
been 
enabled for voting but the voter leaves the polling place

without casting a ballot, 2 judges of election, one from each 
of
the 2 major political parties, shall spoil the ballot.

    Throughout the election day and before the closing of the

polls, no person may check any vote totals for any candidate or

public question on the voting or counting equipment.  Such

equipment shall be programmed so that no person may reset the

equipment for reentry of ballots unless provided the proper 
code
from an authorized representative of the election 
authority.

    The precinct judges of election shall check the public

register to determine whether the number of ballots counted by

the voting equipment agrees with the number of voters voting as

shown by the applications for ballot.  If the same do not agree,

the judges of election shall immediately contact the offices of

the election authority in charge of the election for further

instructions.  If the number of ballots counted by the voting

equipment agrees with the number of voters voting as shown by

the application for ballot, the number shall be listed on the

"Statement of Ballots" form provided by the election authority.

    Except as otherwise provided in this Section, the
The

totals for all candidates and propositions shall be
tabulated; 
and 4 copies of a "Certificate of Results" shall be
printed by 
the automatic tabulating equipment; one copy shall be
posted in 
a conspicuous place inside the polling place; and
every effort 
shall be made by the judges of election to provide
a copy for 
each authorized pollwatcher or other official
authorized to be 
present in the polling place to observe the
counting of 
ballots; but in no case shall the number of copies
to be made 
available to pollwatchers be fewer than 4, chosen by
lot by the 
judges of election.  In addition, sufficient time
shall be 
provided by the judges of election to the pollwatchers
to allow 
them to copy information from the copy which has been
posted.

    Until December 31, 2007, in elections at which fractional 
cumulative votes are cast for candidates, the tabulation of 
those fractional cumulative votes may be made by the election 
authority at its central office location, and 4 copies of a 
"Certificate of Results" shall be printed by the automatic 
tabulation equipment and shall be posted in 4 conspicuous 
places at the central office location where those fractional 
cumulative votes have been tabulated.

    If instructed by the election authority, the judges of

election shall cause the tabulated returns to be transmitted

electronically to the offices of the election authority via

modem or other electronic medium.

    The precinct judges of election shall select a bi-partisan

team of 2 judges, who shall immediately return the ballots in a

sealed container, along with all other election materials and

equipment as instructed by the election authority; provided,

however, that such container must first be sealed by the

election judges with filament tape or other approved sealing

devices provided for the purpose in a manner that the ballots

cannot be removed from the container without breaking the seal

or filament tape and disturbing any signatures affixed by the

election judges to the container.  The election authority shall

keep the office of the election authority, or any receiving

stations designated by the authority, open for at least 12

consecutive hours after the polls close or until the ballots 
and
election material and equipment from all precincts within 
the
jurisdiction of the election authority have been returned 
to the
election authority.  Ballots and election materials and

equipment returned to the office of the election authority 
which
are not signed and sealed as required by law shall not be

accepted by the election authority until the judges returning

the ballots make and sign the necessary corrections.  Upon

acceptance of the ballots and election materials and equipment

by the election authority, the judges returning the ballots

shall take a receipt signed by the election authority and

stamped with the time and date of the return.  The election

judges whose duty it is to return any ballots and election

materials and equipment as provided shall, in the event the

ballots, materials or equipment cannot be found when needed, on

proper request, produce the receipt which they are to take as

above provided.

(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.