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91_HB1841eng HB1841 Engrossed 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, HB1841 Engrossed -2- LRB9103030MWgc 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. HB1841 Engrossed -3- LRB9103030MWgc 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 HB1841 Engrossed -4- LRB9103030MWgc 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 systemmarkingdevice. 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 officialmarking31 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 themarkingdevice by HB1841 Engrossed -5- LRB9103030MWgc 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.) HB1841 Engrossed -6- LRB9103030MWgc 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 HB1841 Engrossed -7- LRB9103030MWgc 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 HB1841 Engrossed -8- LRB9103030MWgc 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 ballotcardand 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 ballotcard, 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. HB1841 Engrossed -9- LRB9103030MWgc 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 HB1841 Engrossed -10- LRB9103030MWgc 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 usedin the marking13deviceswith 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.) HB1841 Engrossed -11- LRB9103030MWgc 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 sopunched or markedas 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 HB1841 Engrossed -12- LRB9103030MWgc 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 HB1841 Engrossed -13- LRB9103030MWgc 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 HB1841 Engrossed -14- LRB9103030MWgc 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",4a check mark, or any other recognizable letter of the5alphabet, number, or other symbol which can be recognized as6an 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 HB1841 Engrossed -15- LRB9103030MWgc 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 HB1841 Engrossed -16- LRB9103030MWgc 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 HB1841 Engrossed -17- LRB9103030MWgc 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 HB1841 Engrossed -18- LRB9103030MWgc 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 makeand signthe 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, HB1841 Engrossed -19- LRB9103030MWgc 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 sealedlocked, 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 HB1841 Engrossed -20- LRB9103030MWgc 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.)