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91_HB1841
LRB9103030MWgc
1 AN ACT to amend the Election Code by changing Sections
2 24A-2, 24A-5, 24A-5.1, 24A-5.2, 24A-6, 24A-7, 24A-8, 24A-9,
3 24A-9.1, 24A-10.1, 24A-15.01, and 24A-15.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Election Code is amended by changing
7 Sections 24A-2, 24A-5, 24A-5.1, 24A-5.2, 24A-6, 24A-7, 24A-8,
8 24A-9, 24A-9.1, 24A-10.1, 24A-15.01, and 24A-15.1 as follows:
9 (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
10 Sec. 24A-2. As used in this Article: "Computer",
11 "Automatic tabulating equipment" or "equipment" includes
12 apparatus necessary to automatically examine and count votes
13 as designated on ballots, and data processing machines which
14 can be used for counting ballots and tabulating results.
15 "Ballot card" means a ballot which is voted by the
16 process of punching.
17 "Ballot configuration" means the particular combination
18 of political subdivision ballots including, for each
19 political subdivision, the particular combination of offices,
20 candidate names and ballot position numbers for each
21 candidate and question as it appears for each group of voters
22 who may cast the same ballot.
23 "Ballot labels" means the cards, papers, booklet, pages
24 or other material containing the names of officers and
25 candidates and statements of measures to be voted on.
26 "Ballot sheet" means a paper ballot printed on one or
27 both sides which is (1) designed and prepared so that the
28 voter may indicate his or her votes in designated areas,
29 which must be enclosed areas clearly printed or otherwise
30 delineated for such purpose, and (2) capable of having votes
31 marked in the designated areas automatically examined,
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1 counted, and tabulated by an electronic scanning process.
2 "Ballot" may include ballot cards, ballot labels and
3 paper ballots and electronic ballot forms.
4 "Separate ballot", with respect to ballot sheets, means a
5 separate portion of the ballot sheet in which the color of
6 the ink used in printing that portion of the ballot sheet is
7 distinct from the color of the ink used in printing any other
8 portion of the ballot sheet.
9 "Column" in an electronic voting system which utilizes a
10 ballot card means a space on a ballot card for punching the
11 voter's vote arranged in a row running lengthwise on the
12 ballot card.
13 "Central Counting" means the counting of ballots in one
14 or more locations selected by the election authority for the
15 processing or counting, or both, of ballots. A location for
16 central counting shall be within the territorial jurisdiction
17 of such election authority unless there is no suitable
18 tabulating equipment available within his territorial
19 jurisdiction. However, in any event a counting location shall
20 be within this State.
21 "In-precinct counting" means the counting of ballots on
22 automatic tabulating equipment provided by the election
23 authority in the same precinct polling place in which those
24 ballots have been cast.
25 "Data pack" means an electronic media container upon
26 which electronic data processing instructions and vote
27 results are stored.
28 "Electronic ballot form" means a ballot that may be
29 displayed upon a video terminal screen.
30 "Computer operator" means any person or persons
31 designated by the election authority to operate the automatic
32 tabulating equipment during any portion of the vote tallying
33 process in an election, but shall not include judges of
34 election operating vote tabulating equipment in the precinct.
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1 "Computer program" or "program" means the set of
2 operating instructions for the automatic tabulating equipment
3 by which it examines, counts, tabulates, canvasses and prints
4 votes recorded by a voter on a ballot card or other medium.
5 "Edit listing" means a computer generated listing of the
6 names and ballot position numbers for each candidate and
7 proposition as they appear in the program for each precinct.
8 "Voting System" or "Electronic Voting System" means that
9 combination of equipment and programs used in the casting,
10 examination and tabulation of ballots and the cumulation and
11 reporting of results by electronic means.
12 "Header card" means a data processing card which is coded
13 to indicate to the computer the precinct identity of the
14 ballot cards that will follow immediately and may indicate to
15 the computer how such ballot cards are to be tabulated.
16 "Marking device" means either an apparatus in which
17 ballots or ballot cards are inserted and used in connection
18 with a punch apparatus for the piercing of ballots by the
19 voter, or any approved device for marking a paper ballot with
20 ink or other substance which will enable the ballot to be
21 tabulated by means of automatic tabulating equipment or by an
22 electronic scanning process.
23 "Redundant count" means a verification of the original
24 computer count by another count using compatible equipment or
25 by hand as part of a discovery recount.
26 "Security punch" means a punch placed on a ballot card to
27 identify to the computer program the offices and propositions
28 for which votes may be cast and to indicate the manner in
29 which votes cast should be tabulated while negating any
30 inadmissable votes.
31 (Source: P.A. 86-867.)
32 (10 ILCS 5/24A-5) (from Ch. 46, par. 24A-5)
33 Sec. 24A-5. In precincts where an electronic voting
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1 system is used, a sufficient number of voting booths shall be
2 provided for the use of such systems according to the
3 requirements determined by the State Board of Elections, and
4 the booths shall be arranged in the same manner as provided
5 for use with paper ballots. Each such booth shall be placed
6 so that the entrance to each booth faces a wall in such a
7 manner that no judge of election or pollwatcher is able to
8 observe a voter casting a ballot.
9 Whenever at a primary election at which an electronic
10 voting system is used there is also an election for officers
11 or on propositions in which qualified voters have the right
12 to vote without participating in the primary of any party, a
13 separate voting booth may be provided for those voters who do
14 not wish to participate in the primary of any party. Such
15 determination shall be made by resolution of the county
16 board, municipal board of election commissioners or county
17 board of election commissioners, whichever is applicable.
18 Unless paper ballots or electronic ballot forms are used for
19 such other election, such separate voting booth shall contain
20 a ballot label booklet containing only those officers and
21 propositions on which such voters are entitled to vote.
22 (Source: P.A. 84-659.)
23 (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
24 Sec. 24A-5.1. For the instruction of voters on election
25 day, the election official in charge of the election shall
26 provide at each polling place one instruction-model
27 electronic voting system marking device. Each such
28 instruction-model shall show the arrangement of party rows,
29 office columns and questions. Such model shall be located at
30 a place which voters must pass to reach the official marking
31 device used in the actual casting of votes.
32 Before entering the voting booth each voter shall be
33 offered instruction in the operation of the marking device by
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1 use of the instruction-model and the voter shall be given
2 ample opportunity to operate the model by himself. In
3 instructing voters, no precinct official may show partiality
4 to any political party. The duties of instruction shall be
5 discharged by a judge from each of the political parties
6 represented and they shall alternate serving as instructor so
7 that each judge shall serve a like time at such duties. No
8 instructions may be given after the voter has entered the
9 voting booth, except when an electronic ballot form is
10 utilized.
11 When an electronic ballot form is utilized, instruction
12 may be offered on the voting terminal, provided the terminal
13 is set to display an instruction mode ballot using fictitious
14 names, parties, and questions of public policy.
15 No precinct official, or person assisting a voter may in
16 any manner request, suggest, or seek to persuade or induce
17 any voter to cast his vote for any particular ticket,
18 candidate, amendment, question or proposition. All
19 instructions shall be given by precinct officials in such a
20 manner that it may be observed by other persons in the
21 polling place.
22 (Source: P.A. 89-700, eff. 1-17-97.)
23 (10 ILCS 5/24A-5.2) (from Ch. 46, par. 24A-5.2)
24 Sec. 24A-5.2. When an electronic voting system is used in
25 a forthcoming election, the election authority may provide,
26 for the purpose of instructing voters in such election, one
27 demonstrator electronic voting system marking device or
28 voting terminal for placement in any public library within
29 the political subdivision in which the election occurs. If
30 such placement of a demonstrator takes place it shall be made
31 available at least 30 days before the election.
32 (Source: P.A. 80-1469.)
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1 (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
2 Sec. 24A-6. The ballot information, whether placed on the
3 ballot or on the marking device, shall, as far as
4 practicable, be in the order of arrangement provided for
5 paper ballots, except that such information may be in
6 vertical or horizontal rows, or in a number of separate
7 pages. Ballots for all questions or propositions to be voted
8 on must be provided in the same manner and must be arranged
9 on the electronic ballot form, on or in the marking device,
10 or on the ballot sheet in the places provided for such
11 purposes. Color distinctions provided by law for paper
12 ballots shall be required of electronic ballot forms.
13 When an electronic voting system utilizes a ballot label
14 booklet and ballot card, ballots for candidates, ballots
15 calling for a constitutional convention, constitutional
16 amendment ballots, judicial retention ballots, public
17 measures, and all propositions to be voted upon may be placed
18 on the electronic voting device by providing in the ballot
19 booklet separate ballot label pages or series of pages
20 distinguished by differing colors as provided below. When an
21 electronic voting system utilizes a ballot sheet, ballots
22 calling for a constitutional convention, constitutional
23 amendment ballots and judicial retention ballots shall be
24 placed on the ballot sheet by providing a separate portion of
25 the ballot sheet for each such kind of ballot which shall be
26 printed in ink of a color distinct from the color of ink used
27 in printing any other portion of the ballot sheet. Ballots
28 for candidates, public measures and all other propositions to
29 be voted upon shall be placed on the ballot sheet by
30 providing a separate portion of the ballot sheet for each
31 such kind of ballot. Below the name of the last candidate
32 listed for an office shall be printed a line on which the
33 name of a candidate may be written by the voter, and
34 immediately to the left of such line an area shall be
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1 provided for marking a vote for such write-in candidate.
2 More than one amendment to the constitution may be placed on
3 the same ballot page or series of pages or on the same
4 portion of the ballot sheet, as the case may be. Ballot
5 label pages for constitutional conventions or constitutional
6 amendments shall be on paper of blue color and shall precede
7 all other ballot label pages in the ballot label booklet.
8 More than one public measure or proposition may be placed on
9 the same ballot label page or series of pages or on the same
10 portion of the ballot sheet, as the case may be. More than
11 one proposition for retention of judges in office may be
12 placed on the same ballot label page or series of pages or on
13 the same portion of the ballot sheet, as the case may be.
14 Ballot label pages for candidates shall be on paper of white
15 color, except that in primary elections the ballot label page
16 or pages for the candidates of each respective political
17 party shall be of the color designated by the election
18 official in charge of the election for that political party's
19 candidates; provided that the ballot label pages or pages for
20 candidates for use at the nonpartisan and consolidated
21 elections may be on paper of different colors, except blue,
22 whenever necessary or desirable to facilitate distinguishing
23 between the pages for different political subdivisions. On
24 each page of the candidate booklet, where the election is
25 made to list ballot information vertically, the party
26 affiliation of each candidate or the word "independent" shall
27 appear immediately to the left of the candidate's name, and
28 the name of candidates for the same office shall be listed
29 vertically under the title of that office. In the case of
30 nonpartisan elections for officers of political subdivisions,
31 unless the statute or an ordinance adopted pursuant to
32 Article VII of the Constitution requires otherwise, the
33 listing of such nonpartisan candidates shall not include any
34 party or "independent" designation. Ballot label pages for
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1 judicial retention ballots shall be on paper of green color,
2 and ballot label pages for all public measures and other
3 propositions shall be on paper of some other distinct and
4 different color. In primary elections, a separate ballot
5 label booklet, marking device and voting booth shall be used
6 for each political party holding a primary, with the ballot
7 label booklet arranged to include ballot label pages of the
8 candidates of the party and public measures and other
9 propositions to be voted upon on the day of the primary
10 election. One ballot card may be used for recording the
11 voter's vote or choice on all such ballots, proposals, public
12 measures or propositions, and such ballot card shall be
13 arranged so as to record the voter's vote or choice in a
14 separate column or columns for each such kind of ballot,
15 proposal, public measure or proposition.
16 If the ballot label booklet includes both candidates for
17 office and public measures or propositions to be voted on,
18 the election official in charge of the election shall divide
19 the pages by protruding tabs identifying the division of the
20 pages, and printing on such tabs "Candidates" and
21 "Propositions".
22 The ballot card and all of its columns and, when
23 required, the ballot card envelope shall be of the color
24 prescribed for candidate's ballots at the general or primary
25 election, whichever is being held. At an election where no
26 candidates are being nominated or elected, the ballot card,
27 its columns, and the ballot card envelope shall be of a color
28 designated by the election official in charge of the
29 election.
30 The ballot cards, ballot card envelopes and ballot sheets
31 may, at the discretion of the election authority, be printed
32 on white paper and then striped with the appropriate colors.
33 When ballot sheets are used, the various portions thereof
34 shall be arranged to conform to the foregoing format.
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1 Absentee ballots may consist of electronic ballot forms,
2 ballot cards, envelopes, paper ballots or ballot sheets voted
3 in person in the office of the election official in charge of
4 the election or voted by mail. Where a ballot card is used
5 for voting by mail it must be accompanied by a punching tool
6 or other appropriate marking device, voter instructions and a
7 specimen ballot showing the proper positions to vote on the
8 ballot card or ballot sheet for each party, candidate,
9 proposal, public measure or proposition, and in the case of a
10 ballot card must be mounted on a suitable material to receive
11 the punched out chip.
12 Any voter who spoils his ballot or makes an error may
13 return the ballot to the judges of election and secure
14 another. However, the protruding identifying tab for
15 proposals for a constitutional convention or constitutional
16 amendments shall have printed thereon "Constitutional
17 Ballot", and the ballot label page or pages for such
18 proposals shall precede the ballot label pages for candidates
19 in the ballot label booklet.
20 (Source: P.A. 89-700, eff. 1-17-97.)
21 (10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7)
22 Sec. 24A-7. A separate write-in ballot, which may be in
23 the form of a paper ballot, card or envelope in which the
24 elector places his ballot card after voting, shall be
25 provided if necessary to permit electors to write in the
26 names of persons whose names are not on the ballot. The
27 ballots, ballot cards and ballot card envelopes may, at the
28 discretion of the election authority, be printed on white
29 paper and then striped with the appropriate colors. When an
30 electronic voting system is used which utilizes a ballot
31 card, each ballot card envelope shall contain the write-in
32 form and information required by Section 16-3 of this Act;
33 except that when an electronic ballot form is utilized, the
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1 voting terminal shall contain a write in mode option to allow
2 a voter to write in a name or names equal in number to the
3 names of candidates to be elected for an office on a line or
4 lines below the list of candidates for the office.
5 (Source: P.A. 83-110.)
6 (10 ILCS 5/24A-8) (from Ch. 46, par. 24A-8)
7 Sec. 24A-8. The county clerk or board of election
8 commissioners, as the case may be, shall cause the voting
9 terminals and marking devices to be put in order, set,
10 adjusted and made ready for voting when delivered to the
11 polling places. Before the opening of the polls the judges of
12 election shall compare the ballots used in the marking
13 devices with the specimen ballots furnished and see that the
14 names, numbers and letters thereon agree and shall certify
15 thereto on forms provided by the county clerk or board of
16 election commissioners, as the case may be.
17 In addition, in those polling places where in-precinct
18 counting equipment is utilized, the judges of election shall
19 make an operational check of the automatic tabulating
20 equipment before the opening of the polls and shall ensure
21 that all zeroes appear on the count column of the voting
22 terminal. A precinct identification card provided by the
23 election authority shall be entered into the automatic
24 tabulating equipment, except when voting terminals are used,
25 to ensure that the totals are all zeroes in the count column
26 on the printing unit.
27 Pollwatchers as provided by law shall be permitted to
28 closely observe the judges in these procedures and to
29 periodically inspect the equipment when not in use by the
30 voters to see that the ballot labels are in proper position
31 and have not been marked upon or mutilated.
32 (Source: P.A. 82-1014.)
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1 (10 ILCS 5/24A-9) (from Ch. 46, par. 24A-9)
2 Sec. 24A-9. Prior to the public test, the election
3 authority shall conduct an errorless pre-test of the
4 automatic tabulating equipment and program to ascertain that
5 they will correctly count the votes cast for all offices and
6 all measures. On any day not less than 5 days prior to the
7 election day, the election authority shall publicly test the
8 automatic tabulating equipment and program to ascertain that
9 they will correctly count the votes cast for all offices and
10 on all measures. Public notice of the time and place of the
11 test shall be given at least 48 hours prior thereto by
12 publication once in one or more newspapers published within
13 the election jurisdiction of the election authority if a
14 newspaper is published therein, otherwise in a newspaper of
15 general circulation therein. Timely written notice stating
16 the date, time and location of the public test shall also be
17 provided to the State Board of Elections. The test shall be
18 open to representatives of the political parties, the press,
19 representatives of the State Board of Elections, and the
20 public. The test shall be conducted by casting a preaudited
21 series of votes on a voting terminal or by processing a
22 preaudited group of ballots cast so punched or marked as to
23 record a predetermined number of valid votes for each
24 candidate and on each measure, and shall include for each
25 office one or more ballots which have votes in excess of the
26 number allowed by law in order to test the ability of the
27 automatic tabulating equipment to reject such votes. Such
28 test shall also include the use of precinct header cards and
29 may include the production of an edit listing. In those
30 election jurisdictions where in-precinct counting equipment
31 is utilized, a public test of both such equipment and program
32 shall be conducted as nearly as possible in the manner
33 prescribed above. The State Board of Elections may select as
34 many election jurisdictions as the Board deems advisable in
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1 the interests of the election process of this State in which
2 to order a special test of the automatic tabulating equipment
3 and program prior to any regular election. The Board may
4 order a special test in any election jurisdiction where,
5 during the preceding twelve months, computer programming
6 errors or other errors in the use of electronic voting
7 systems resulted in vote tabulation errors. Not less than 30
8 days prior to any election, the State Board of Elections
9 shall provide written notice to those selected jurisdictions
10 of their intent to conduct a test. Within 5 days of receipt
11 of the State Board of Elections' written notice of intent to
12 conduct a test, the selected jurisdictions shall forward to
13 the principal office of the State Board of Elections a copy
14 of all specimen ballots. The State Board of Elections' tests
15 shall be conducted and completed not less than 2 days prior
16 to the public test utilizing testing materials supplied by
17 the Board and under the supervision of the Board, and the
18 Board shall reimburse the election authority for the
19 reasonable cost of computer time required to conduct the
20 special test. After an errorless test, materials used in
21 the public test, including the program, if appropriate, shall
22 be sealed and remain so until the test is run again on
23 election day. If any error is detected, the cause therefor
24 shall be ascertained and corrected and an errorless public
25 test shall be made before the automatic tabulating equipment
26 is approved. Each election authority shall file a sealed
27 copy of each tested program to be used within its
28 jurisdiction at an election with the State Board of Elections
29 prior to the election. The Board shall secure the program
30 or programs of each election jurisdiction so filed in its
31 office for the 60 days following the canvass and proclamation
32 of election results. Upon the expiration of that time, if no
33 election contest or appeal therefrom is pending in an
34 election jurisdiction, the Board shall return the sealed
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1 program or programs to the election authority of the
2 jurisdiction. Except where in-precinct counting equipment is
3 utilized, the test shall be repeated immediately before the
4 start of the official count of the ballots, in the same
5 manner as set forth above. After the completion of the count,
6 the test shall be re-run using the same program. An election
7 jurisdiction that was employing, as of January 1, 1983, an
8 electronic voting system that, because of its design, is not
9 technically capable of compliance with such a post-tabulation
10 testing requirement shall satisfy the post-tabulation testing
11 requirement by conducting the post-tabulation test on a
12 duplicate program until such electronic voting system is
13 replaced or until November 1, 1992, whichever is earlier.
14 Immediately thereafter the ballots, all material employed in
15 testing the program and the program shall be sealed and
16 retained under the custody of the election authority for a
17 period of 60 days. At the expiration of that time the
18 election authority shall destroy the voted ballot cards,
19 together with all unused ballots returned from the precincts.
20 Provided, if any contest of election is pending at such time
21 in which such ballots may be required as evidence and such
22 election authority has notice thereof, the same shall not be
23 destroyed until after such contest is finally determined. If
24 the use of back-up equipment becomes necessary, the same
25 testing required for the original equipment shall be
26 conducted.
27 (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.)
28 (10 ILCS 5/24A-9.1) (from Ch. 46, par. 24A-9.1)
29 Sec. 24A-9.1. Whenever an electronic scanning process is
30 utilized to automatically examine and count the votes on
31 ballot sheets, the provisions of this Section shall apply. A
32 voter shall cast a proper vote on a ballot sheet by making a
33 mark in the designated area for the casting of a vote for any
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1 party or candidate or for or against any proposition. For
2 this purpose, a mark is an intentional darkening of the
3 designated area on the ballot sheet, and shall not be an "X",
4 a check mark, or any other recognizable letter of the
5 alphabet, number, or other symbol which can be recognized as
6 an identifying mark.
7 Whenever the ballot sheet includes designated areas on
8 both sides, the election authority shall provide an envelope,
9 sleeve or other device to each voter by means of which the
10 voter can deliver the voted ballot sheet to the ballot box
11 without the votes indicated on the ballot sheet being visible
12 to other persons in the polling place.
13 (Source: P.A. 81-1433.)
14 (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
15 Sec. 24A-10.1. In an election jurisdiction where
16 in-precinct counting equipment is utilized, the following
17 procedures for counting and tallying the ballots shall apply:
18 Immediately after the closing of the polls, the absentee
19 ballots delivered to the precinct judges of election by the
20 election authority shall be examined to determine that such
21 ballots comply with Sections 19-9 and 20-9 of this Act and
22 are entitled to be deposited in the ballot box; those
23 entitled to be deposited in the ballot box shall be initialed
24 by the precinct judges of election and deposited in the
25 ballot box. Those not entitled to be deposited in the ballot
26 box shall be marked "Rejected" and disposed of as provided in
27 said Sections 19-9 and 20-9.
28 The precinct judges of election shall open the ballot box
29 and count the number of ballots therein to determine if such
30 number agrees with the number of voters voting as shown by
31 the applications for ballot or, if the same do not agree, the
32 judges of election shall make such ballots agree with the
33 applications for ballot in the manner provided by Section
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1 17-18 of this Act. The judges of election shall then examine
2 all ballot cards and ballot card envelopes which are in the
3 ballot box to determine whether the ballot cards and ballot
4 card envelopes contain the initials of a precinct judge of
5 election. If any ballot card or ballot card envelope is not
6 initialed, it shall be marked on the back "Defective",
7 initialed as to such label by all judges immediately under
8 the word "Defective" and not counted. The judges of election
9 shall place an initialed blank official ballot card in the
10 place of the defective ballot card, so that the count of the
11 ballot cards to be counted on the automatic tabulating
12 equipment will be the same, and each "Defective Ballot" card
13 and "Replacement" card shall contain the same serial number
14 which shall be placed thereon by the judges of election,
15 commencing with number 1 and continuing consecutively for the
16 ballots of that kind in that precinct. The original
17 "Defective" card shall be placed in the "Defective Ballot
18 Envelope" provided for that purpose.
19 When an electronic voting system is used which utilizes a
20 ballot card, before separating the remaining ballot cards
21 from their respective covering envelopes, the judges of
22 election shall examine the ballot card envelopes for write-in
23 votes. When the voter has cast a write-in vote, the judges
24 of election shall compare the write-in vote with the votes on
25 the ballot card to determine whether such write-in results in
26 an overvote for any office. In case of an overvote for any
27 office, the judges of election, consisting in each case of at
28 least 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 card except for the office which is overvoted, by
31 using the ballot label booklet of the precinct and one of the
32 marking devices of the precinct so as to transfer all votes
33 of the voter, except for the office overvoted, to a duplicate
34 card. The original ballot card and envelope upon which there
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1 is an overvote shall be clearly labeled "Overvoted Ballot",
2 and each such "Overvoted Ballot" as well as its "Replacement"
3 shall contain the same serial number which shall be placed
4 thereon by the judges of election, commencing with number 1
5 and continuing consecutively for the ballots of that kind in
6 that precinct. The "Overvoted Ballot" card and ballot
7 envelope shall be placed in an envelope provided for that
8 purpose labeled "Duplicate Ballot" envelope, and the judges
9 of election shall initial the "Replacement" ballot cards and
10 shall place them with the other ballot cards to be counted on
11 the automatic tabulating equipment. Envelopes containing
12 write-in votes marked in the place designated therefor and
13 containing the initials of a precinct judge of election and
14 not resulting in an overvote and otherwise complying with the
15 election laws as to marking shall be counted and tallied and
16 their votes recorded on a tally sheet provided by the
17 election authority.
18 The ballot cards and ballot card envelopes shall be
19 separated in preparation for counting by the automatic
20 tabulating equipment provided for that purpose by the
21 election authority.
22 Before the ballots are entered into the automatic
23 tabulating equipment, a precinct identification card provided
24 by the election authority, except when electronic ballot
25 forms are used, shall be entered into the device to ensure
26 that the totals are all zeroes in the count column on the
27 printing unit. When electronic ballot forms are used, a
28 certificate of results showing zero votes shall be generated.
29 A precinct judge of election shall then count the ballots,
30 except when electronic ballot forms are used, by entering
31 each ballot card into the automatic tabulating equipment, and
32 if any ballot or ballot card is damaged or defective so that
33 it cannot properly be counted by the automatic tabulating
34 equipment, the judges of election, consisting in each case of
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1 at least one judge of election of each of the 2 major
2 political parties, shall make a true duplicate ballot of all
3 votes on such ballot card by using the ballot label booklet
4 of the precinct and one of the marking devices of the
5 precinct. The original ballot or ballot card and envelope
6 shall be clearly labeled "Damaged Ballot" and the ballot or
7 ballot card so produced shall be clearly labeled "Duplicate
8 Damaged Ballot", and each shall contain the same serial
9 number which shall be placed thereon by the judges of
10 election, commencing with number 1 and continuing
11 consecutively for the ballots of that kind in the precinct.
12 The judges of election shall initial the "Duplicate Damaged
13 Ballot" ballot or ballot cards and shall enter the duplicate
14 damaged cards into the automatic tabulating equipment. The
15 "Damaged Ballot" cards shall be placed in the "Duplicated
16 Ballots" envelope; after all ballot cards have been
17 successfully read, the judges of election shall check to make
18 certain that the last number printed by the printing unit is
19 the same as the number of voters making application for
20 ballot in that precinct. The number shall be listed on the
21 "Statement of Ballots" form provided by the election
22 authority.
23 The totals for all candidates and propositions shall be
24 tabulated; 4 sets shall be attached to the 4 sets of
25 "Certificate of Results" provided by the election authority;
26 one set shall be posted in a conspicuous place inside the
27 polling place; and every effort shall be made by the judges
28 of election to provide a set for each authorized pollwatcher
29 or other official authorized to be present in the polling
30 place to observe the counting of ballots; but in no case
31 shall the number of sets to be made available to pollwatchers
32 be fewer than 4, chosen by lot by the judges of election. In
33 addition, sufficient time shall be provided by the judges of
34 election to the pollwatchers to allow them to copy
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1 information from the set which has been posted.
2 The judges of election shall count all unused ballot
3 cards and enter the number on the "Statement of Ballots".
4 All "Spoiled", "Defective" and "Duplicated" ballot cards
5 shall be counted and the number entered on the "Statement of
6 Ballots".
7 The precinct judges of election shall select a
8 bi-partisan team of 2 judges, who shall immediately return
9 the data packs or ballots in a sealed container, along with
10 all other election materials as instructed by the election
11 authority; provided, however, that such container, if not
12 sealed with a lock that must be broken to remove it, must
13 first be sealed by the election judges with filament tape
14 provided for such purpose which shall be wrapped around the
15 container lengthwise and crosswise, at least twice each way,
16 in such manner that the ballots cannot be removed from such
17 container without breaking the seal and filament tape and
18 disturbing any signatures affixed by the election judges to
19 the container. The election authority shall keep the office
20 of the election authority, or any receiving stations
21 designated by such authority, open for at least 12
22 consecutive hours after the polls close or until the ballots
23 or data packs from all precincts with in-precinct counting
24 equipment within the jurisdiction of the election authority
25 have been returned to the election authority. Ballots or data
26 packs returned to the office of the election authority which
27 are not signed and sealed as required by law shall not be
28 accepted by the election authority until the judges returning
29 the same make and sign the necessary corrections. Upon
30 acceptance of the ballots or data packs by the election
31 authority, the judges returning the same shall take a receipt
32 signed by the election authority and stamped with the time
33 and date of such return. The election judges whose duty it is
34 to return any ballots or data packs as herein provided shall,
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1 in the event such ballots or data packs cannot be found when
2 needed, on proper request, produce the receipt which they are
3 to take as above provided.
4 (Source: P.A. 83-1362.)
5 (10 ILCS 5/24A-15.01) (from Ch. 46, par. 24A-15.01)
6 Sec. 24A-15.01. Upon completion of the tabulation and
7 retabulation of votes pursuant to Sections 24A-11 through
8 24A-15, the ballots, or data packs when voting terminals are
9 used, from each precinct shall be replaced in the container
10 in which they were transported to the central counting
11 station. If such container is not a type which may be
12 securely sealed locked, then each such container - before
13 being transferred from the counting station to storage -
14 shall be sealed with filament tape wrapped around such
15 container lengthwise and crosswise, at least twice each way,
16 and in such manner that the ballots cannot be removed from
17 the container without breaking the tape.
18 (Source: P.A. 88-45.)
19 (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
20 Sec. 24A-15.1. Except as herein provided, discovery
21 recounts and election contests shall be conducted as
22 otherwise provided for in "The Election Code", as amended.
23 The automatic tabulating equipment shall be tested prior to
24 the discovery recount or election contest as provided in
25 Section 24A-9, and then the official ballots or ballot cards
26 shall be recounted on the automatic tabulating equipment. In
27 addition, except when electronic ballot forms are being
28 recounted, (1) the ballot or ballot cards shall be checked
29 for the presence or absence of judges' initials and other
30 distinguishing marks, and (2) the ballots marked "Rejected",
31 "Defective", Objected to" and "Absentee Ballot" shall be
32 examined to determine the propriety of the such labels, and
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1 (3) the "Duplicate Absentee Ballots", "Duplicate Overvoted
2 Ballots" and "Duplicate Damaged Ballots" shall be compared
3 with their respective originals to determine the correctness
4 of the duplicates.
5 Any person who has filed a petition for discovery recount
6 may request that a redundant count be conducted in those
7 precincts in which the discovery recount is being conducted.
8 The additional costs of such a redundant count shall be borne
9 by the requesting party.
10 The log of the computer operator and all materials
11 retained by the election authority in relation to vote
12 tabulation and canvass shall be made available for any
13 discovery recount or election contest.
14 (Source: P.A. 82-1014.)