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91_HB1841sam004 LRB9103030MWgcam06 1 AMENDMENT TO HOUSE BILL 1841 2 AMENDMENT NO. . Amend House Bill 1841, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Election Code is amended by changing 6 Sections 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55, 7 7-66, 15-6, 16-11, 17-9, 17-43, 18-5, 18-40, 19-2.1, 19-7, 8 19-8, 19-9, 19-10, 19-12.2, 19-15, 20-2, 20-2.1, 20-2.2, 9 20-7, 20-8, 20-9, and 20-15 and by adding Article 24C as 10 follows: 11 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19) 12 Sec. 7-19. Arrangement and printing of primary ballot. 13 The primary ballot of each political party for each precinct 14 shall be arranged and printed substantially in the manner 15 following: 16 1. Designating words. At the top of the ballot shall be 17 printed in large capital letters, words designating the 18 ballot, if a Republican ballot, the designating words shall 19 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the 20 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and 21 in like manner for each political party. 22 2. Order of Names, Directions to Voters, etc. Beginning -2- LRB9103030MWgcam06 1 not less than one inch below designating words, the name of 2 each office to be filled shall be printed in capital letters. 3 Such names may be printed on the ballot either in a single 4 column or in 2 or more columns and in the following order, 5 to-wit: 6 President of the United States, State offices, 7 congressional offices, delegates and alternate delegates to 8 be elected from the State at large to National nominating 9 conventions, delegates and alternate delegates to be elected 10 from congressional districts to National nominating 11 conventions, member or members of the State central 12 committee, trustees of sanitary districts, county offices, 13 judicial officers, city, village and incorporated town 14 offices, town offices, or of such of the said offices as 15 candidates are to be nominated for at such primary, and 16 precinct, township or ward committeemen. If two or more 17 columns are used, the foregoing offices to and including 18 member of the State central committee shall be listed in the 19 left-hand column and Senatorial offices, as defined in 20 Section 8-3, shall be the first offices listed in the second 21 column. 22 Below the name of each office shall be printed in small 23 letters the directions to voters: "Vote for one"; "Vote for 24 two"; "Vote for three"; or a spelled number designating how 25 many persons under that head are to be voted for. 26 Next to the name of each candidate for delegate or 27 alternate delegate to a national nominating convention shall 28 appear either (a) the name of the candidate's preference for 29 President of the United States or the word "uncommitted" or 30 (b) no official designation, depending upon the action taken 31 by the State central committee pursuant to Section 7-10.3 of 32 this Act. 33 Below the name of each office shall be printed in capital 34 letters the names of all candidates, arranged in the order in -3- LRB9103030MWgcam06 1 which their petitions for nominations were filed, except as 2 otherwise provided in Sections 7-14 and 7-17 of this Article. 3 Opposite and in front of the name of each candidate shall be 4 printed a square and all squares upon the primary ballot 5 shall be of uniform size. Spaces between the names of 6 candidates under each office shall be uniform and sufficient 7 spaces shall separate the names of candidates for one office 8 from the names of candidates for another office, to avoid 9 confusion and to permit the writing in of the names of other 10 candidates. 11 Where voting machines,orelectronic voting systems, or 12 Direct Recording Electronic Voting Systems are used, the 13 provisions of this ArticleSectionmay be modified as 14 required or authorized by Article 24,orArticle 24A, or 15 Article 24C, whichever is applicable. 16 (Source: P.A. 83-33.) 17 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46) 18 Sec. 7-46. Voting of ballot; writing in names. On 19 receiving from the primary judges a primary ballot of his 20 party, the primary elector shall forthwith and without 21 leaving the polling place, retire alone to one of the voting 22 booths and prepare such primary ballot by marking a cross (X) 23 in the square in front of and opposite the name of each 24 candidate of his choice for each office to be filled, and for 25 delegates and alternate delegates to national nominating 26 conventions, and for committeemen, if committeemen are being 27 elected at such primary. 28 Any primary elector may, instead of voting for any 29 candidate for nomination or for committeeman or for delegate 30 or alternate delegate to national nominating conventions, 31 whose name is printed on the primary ballot, write in the 32 name of any other person affiliated with such party as a 33 candidate for the nomination for any office, or for -4- LRB9103030MWgcam06 1 committeeman, or for delegates or alternate delegates to 2 national nominating conventions, and indicate his choice of 3 such candidate or committeeman or delegate or alternate 4 delegate, by placing to the left of and opposite the name 5 thus written a square and placing in the square a cross (X). 6 Where voting machines,orelectronic voting systems, or 7 Direct Recording Electronic Voting Systems are used, the 8 provisions of this Articlesectionmay be modified as 9 required or authorized by Article 24,orArticle 24A, or 10 Article 24C, whichever is applicable. 11 (Source: Laws 1965, p. 2220.) 12 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47) 13 Sec. 7-47. Folding and delivery of ballot; entry in poll 14 book. Before leaving the booth, the primary elector shall 15 fold his primary ballot in such manner as to conceal the 16 marks thereon. Such voter shall then vote forthwith by 17 handing the primary judge the primary ballot received by such 18 voter. Thereupon the primary judge shall deposit such primary 19 ballot in the ballot box. One of the judges shall thereupon 20 enter in the primary poll book the name of the primary 21 elector, his residence and his party affiliation or shall 22 make the entries on the official poll record as required by 23 articles 4, 5 and 6, if any one of them is applicable. 24 Where voting machines,orelectronic voting systems, or 25 Direct Recording Electronic Voting Systems are used, the 26 provisions of this Articlesectionmay be modified as 27 required or authorized by Article 24,orArticle 24A, or 28 Article 24C, whichever is applicable. 29 (Source: Laws 1965, p. 2220.) 30 (10 ILCS 5/7-49) (from Ch. 46, par. 7-49) 31 Sec. 7-49. No adjournment or recess after opening of 32 polls. After the opening of the polls at a primary no -5- LRB9103030MWgcam06 1 adjournment shall be had nor recess taken until the canvass 2 of all the votes is completed and the returns carefully 3 enveloped and sealed. 4 Where voting machines,orelectronic voting systems, or 5 Direct Recording Electronic Voting Systems are used, the 6 provisions of this Articlesectionmay be modified as 7 required or authorized by Article 24,orArticle 24A, or 8 Article 24C, whichever is applicable. 9 (Source: Laws 1965, p. 2220.) 10 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52) 11 Sec. 7-52. Precinct canvass of votes. Immediately upon 12 closing the polls, the primary judges shall proceed to 13 canvass the votes in the manner following: 14 (1) They shall separate and count the ballots of each 15 political party. 16 (2) They shall then proceed to ascertain the number of 17 names entered on the applications for ballot under each party 18 affiliation. 19 (3) If the primary ballots of any political party exceed 20 the number of applications for ballot by voters of such 21 political party, the primary ballots of such political party 22 shall be folded and replaced in the ballot box, the box 23 closed, well shaken and again opened and one of the primary 24 judges, who shall be blindfolded, shall draw out so many of 25 the primary ballots of such political party as shall be equal 26 to such excess. Such excess ballots shall be marked 27 "Excess-Not Counted" and signed by a majority of the judges 28 and shall be placed in the "After 6:00 p.m. Defective Ballots 29 Envelope". The number of excess ballots shall be noted in the 30 remarks section of the Certificate of Results. "Excess" 31 ballots shall not be counted in the total of "defective" 32 ballots; 33 (4) The primary judges shall then proceed to count the -6- LRB9103030MWgcam06 1 primary ballots of each political party separately; and as 2 the primary judges shall open and read the primary ballots, 3 3 of the judges shall carefully and correctly mark upon 4 separate tally sheets the votes which each candidate of the 5 party whose name is written or printed on the primary ballot 6 has received, in a separate column for that purpose, with the 7 name of such candidate, the name of his political party and 8 the name of the office for which he is a candidate for 9 nomination at the head of such column. 10 Where voting machines,orelectronic voting systems, or 11 Direct Recording Electronic Voting Systems are used, the 12 provisions of this Articlesectionmay be modified as 13 required or authorized by Article 24,orArticle 24A, or 14 Article 24C, whichever is applicable. 15 (Source: P.A. 80-484.) 16 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53) 17 Sec. 7-53. Tally sheets; certificate of results. As 18 soon as the ballots of a political party shall have been read 19 and the votes of the political party counted, as provided in 20 the last above Section, the 3 judges in charge of the tally 21 sheets shall foot up the tally sheets so as to show the total 22 number of votes cast for each candidate of the political 23 party and for each candidate for State Central committeeman 24 and precinct committeeman, township committeeman or ward 25 committeeman, and delegate and alternate delegate to National 26 nominating conventions, and certify the same to be correct. 27 Thereupon, the primary judges shall set down in a certificate 28 of results on the tally sheet, under the name of the 29 political party, the name of each candidate voted for upon 30 the primary ballot, written at full length, the name of the 31 office for which he is a candidate for nomination or for 32 committeeman, or delegate or alternate delegate to National 33 nominating conventions, the total number of votes which the -7- LRB9103030MWgcam06 1 candidate received, and they shall also set down the total 2 number of ballots voted by the primary electors of the 3 political party in the precinct. The certificate of results 4 shall be made substantially in the following form: 5 ................ Party 6 At the primary election held in the .... precinct of the 7 (1) *township of ...., or (2) *City of ...., or (3) *.... 8 ward in the city of .... on (insert date), the primary 9 electors of the .... party voted .... ballots, and the 10 respective candidates whose names were written or printed on 11 the primary ballot of the .... party, received respectively 12 the following votes: 13 Name of No. of 14 Candidate, Title of Office, Votes 15 John Jones Governor 100 16 Sam Smith Governor 70 17 Frank Martin Attorney General 150 18 William Preston Rep. in Congress 200 19 Frederick John Circuit Judge 50 20 *Fill in either (1), (2) or (3). 21 And so on for each candidate. 22 We hereby certify the above and foregoing to be true and 23 correct. 24 Dated (insert date). 25 ................................... 26 Name Address 27 ................................... 28 Name Address 29 ................................... 30 Name Address 31 ................................... 32 Name Address 33 ................................... 34 Name Address -8- LRB9103030MWgcam06 1 Judges of Primary 2 Where voting machines,orelectronic voting systems, or 3 Direct Recording Electronic Voting Systems are used, the 4 provisions of this ArticleSectionmay be modified as 5 required or authorized by Article 24,andArticle 24A, or 6 Article 24C, whichever is applicable. 7 (Source: P.A. 91-357, eff. 7-29-99.) 8 (10 ILCS 5/7-54) (from Ch. 46, par. 7-54) 9 Sec. 7-54. Binding and sealing ballots; report of 10 results. After the votes of a political party have been 11 counted and set down and the tally sheets footed and the 12 entry made in the primary poll books or return, as above 13 provided, all the primary ballots of said political party, 14 except those marked "defective" or "objected to" shall be 15 securely bound, lengthwise and in width, with a soft cord 16 having a minimum tensile strength of 60 pounds separately for 17 each political party in the order in which said primary 18 ballots have been read, and shall thereupon be carefully 19 sealed in an envelope, which envelope shall be endorsed as 20 follows: 21 "Primary ballots of the.... party of the.... precinct of 22 the county of.... and State of Illinois." 23 Below each endorsement, each primary judge shall write 24 his name. 25 Immediately thereafter the judges shall designate one of 26 their number to go to the nearest telephone and report to the 27 office of the county clerk or board of election commissioners 28 (as the case may be) the results of such primary. Such clerk 29 or board shall keep his or its office open after the close of 30 the polls until he or it has received from each precinct 31 under his or its jurisdiction the report above provided for. 32 Immediately upon receiving such report such clerk or board 33 shall cause the same to be posted in a public place in his or -9- LRB9103030MWgcam06 1 its office for inspection by the public. Immediately after 2 making such report such judge shall return to the polling 3 place. 4 Where voting machines,orelectronic voting systems, or 5 Direct Recording Electronic Voting Systems are used, the 6 provisions of this Articlesectionmay be modified as 7 required or authorized by Article 24,orArticle 24A, or 8 Article 24C, whichever is applicable. 9 (Source: P.A. 81-1433.) 10 (10 ILCS 5/7-55) (from Ch. 46, par. 7-55) 11 Sec. 7-55. Delivery and acceptance of election 12 materials. The primary poll books or the official poll 13 record, and the tally sheets with the certificates of the 14 primary judges written thereon, together with the envelopes 15 containing the ballots, including the envelope containing the 16 ballots marked "defective" or "objected to", shall be 17 carefully enveloped and sealed up together, properly 18 endorsed, and the primary judges shall elect 2 judges (one 19 from each of the major political parties), who shall 20 immediately deliver the same to the clerk from whom the 21 primary ballots were obtained, which clerk shall safely keep 22 the same for 2 months, and thereafter shall safely keep the 23 poll books until the next primary. Each election authority 24 shall keep the office of the election authority, or any 25 receiving stations designated by such authority, open for at 26 least 12 consecutive hours after the polls close, or until 27 the judges of each precinct under the jurisdiction of the 28 election authority have delivered to the election authority 29 all the above materials sealed up together and properly 30 endorsed as provided herein. Materials delivered to the 31 election authority which are not in the condition required by 32 this Section shall not be accepted by the election authority 33 until the judges delivering the same make and sign the -10- LRB9103030MWgcam06 1 necessary corrections. Upon acceptance of the materials by 2 the election authority, the judges delivering the same shall 3 take a receipt signed by the election authority and stamped 4 with the time and date of such delivery. The election judges 5 whose duty it is to deliver any materials as above provided 6 shall, in the event such materials cannot be found when 7 needed, on proper request, produce the receipt which they are 8 to take as above provided. 9 The county clerk or board of election commissioners shall 10 deliver a copy of each tally sheet to the county chairmen of 11 the two largest political parties. 12 Where voting machines,orelectronic voting systems, or 13 Direct Recording Electronic Voting Systems are used, the 14 provisions of this Articlesectionmay be modified as 15 required or authorized by Article 24,andArticle 24A, or 16 Article 24C, whichever is applicable. 17 (Source: P.A. 83-764.) 18 (10 ILCS 5/7-66) 19 Sec. 7-66. Precinct tabulation optical scan technology 20 voting equipment and direct recording electronic voting 21 systems equipment. 22 If the election authority has adopted the use of Precinct 23 Tabulation Optical Scan Technology voting equipment pursuant 24 to Article 24B of this Code or Direct Recording Electronic 25 Voting Systems equipment under Article 24C of this Code, and 26 the provisions of those Articlesthe Articleare in conflict 27 with the provisions of this Article 7, the provisions of 28 Article 24B or Article 24C, as the case may be, shall govern 29 the procedures followed by the election authority, its judges 30 of elections, and all employees and agents. In following the 31 provisions of Article 24B or Article 24C, the election 32 authority is authorized to develop and implement procedures 33 to fully utilize Precinct Tabulation Optical Scan Technology -11- LRB9103030MWgcam06 1 voting equipment or Direct Recording Electronic Voting 2 Systems equipment authorized by the State Board of Elections 3 as long as the procedure is not in conflict witheither4 Article 24B, Article 24C, or the administrative rules of the 5 State Board of Elections. 6 (Source: P.A. 89-394, eff. 1-1-97.) 7 (10 ILCS 5/15-6) 8 Sec. 15-6. Precinct tabulation optical scan technology 9 voting equipment and direct recording electronic voting 10 systems equipment. 11 If the election authority has adopted the use of Precinct 12 Tabulation Optical Scan Technology voting equipment pursuant 13 to Article 24B of this Code or Direct Recording Electronic 14 Voting Systems equipment under Article 24C of this Code, and 15 the provisions of those Articlesthe Articleare in conflict 16 with the provisions of this Article 15, the provisions of 17 Article 24B or Article 24C, as the case may be, shall govern 18 the procedures followed by the election authority, its judges 19 of elections, and all employees and agents. In following the 20 provisions of Article 24B or Article 24C, the election 21 authority is authorized to develop and implement procedures 22 to fully utilize Precinct Tabulation Optical Scan Technology 23 voting equipment or Direct Recording Electronic Voting 24 Systems equipment authorized by the State Board of Elections 25 as long as the procedure is not in conflict witheither26 Article 24B, Article 24C, or the administrative rules of the 27 State Board of Elections. 28 (Source: P.A. 89-394, eff. 1-1-97.) 29 (10 ILCS 5/16-11) 30 Sec. 16-11. Precinct tabulation optical scan technology 31 voting equipment and direct recording electronic voting 32 systems equipment. -12- LRB9103030MWgcam06 1 If the election authority has adopted the use of Precinct 2 Tabulation Optical Scan Technology voting equipment pursuant 3 to Article 24B of this Code or Direct Recording Electronic 4 Voting Systems equipment under Article 24C of this Code, and 5 the provisions of those Articlesthe Articleare in conflict 6 with the provisions of this Article 16, the provisions of 7 Article 24B or Article 24C, as the case may be, shall govern 8 the procedures followed by the election authority, its judges 9 of elections, and all employees and agents. In following the 10 provisions of Article 24B or Article 24C, the election 11 authority is authorized to develop and implement procedures 12 to fully utilize Precinct Tabulation Optical Scan Technology 13 voting equipment or Direct Recording Electronic Voting 14 Systems equipment authorized by the State Board of Elections 15 as long as the procedure is not in conflict witheither16 Article 24B, Article 24C, or the administrative rules of the 17 State Board of Elections. 18 (Source: P.A. 89-394, eff. 1-1-97.) 19 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) 20 Sec. 17-9. Any person desiring to vote shall give his 21 name and, if required to do so, his residence to the judges 22 of election, one of whom shall thereupon announce the same in 23 a loud and distinct tone of voice, clear, and audible; the 24 judges of elections shall check each application for ballot 25 against the list of voters registered in that precinct to 26 whom absentee ballots have been issued for that election, 27 which shall be provided by the election authority and which 28 list shall be available for inspection by pollwatchers. A 29 voter applying to vote in the precinct on election day whose 30 name appears on the list as having been issued an absentee 31 ballot shall not be permitted to vote in the precinct unless 32 that voter submits to the judges of election, for33cancellation or revocation,his absentee ballot. In the case -13- LRB9103030MWgcam06 1 that the voter's absentee ballot is not present in the 2 polling place, it shall be sufficient for any such voter to 3 submit to the judges of election in lieu of his absentee 4 ballot, either a portion of such ballot if torn or mutilated, 5 or an affidavit executed before the judges of election 6 specifying that the voter never received an absentee ballot,7or an affidavit executed before the judges of election8specifying that the voter desires to cancel or revoke any9absentee ballot that may have been cast in the voter's name. 10 All applicable provisions of Articles 4, 5 or 6 shall be 11 complied with and if such name is found on the register of 12 voters by the officer having charge thereof, he shall 13 likewise repeat said name, and the voter shall be allowed to 14 enter within the proximity of the voting booths, as above 15 provided. One of the judges shall give the voter one, and 16 only one of each ballot to be voted at the election, on the 17 back of which ballots such judge shall indorse his initials 18 in such manner that they may be seen when each such ballot is 19 properly folded, and the voter's name shall be immediately 20 checked on the register list. In those election jurisdictions 21 where perforated ballot cards are utilized of the type on 22 which write-in votes can be cast above the perforation, the 23 election authority shall provide a space both above and below 24 the perforation for the judge's initials, and the judge shall 25 endorse his or her initials in both spaces. Whenever a 26 proposal for a constitutional amendment or for the calling of 27 a constitutional convention is to be voted upon at the 28 election, the separate blue ballot or ballots pertaining 29 thereto shall, when being handed to the voter, be placed on 30 top of the other ballots to be voted at the election in such 31 manner that the legend appearing on the back thereof, as 32 prescribed in Section 16-6 of this Act, shall be plainly 33 visible to the voter. At all elections, when a registry may 34 be required, if the name of any person so desiring to vote at -14- LRB9103030MWgcam06 1 such election is not found on the register of voters, he or 2 she shall not receive a ballot until he or she shall have 3 complied with the law prescribing the manner and conditions 4 of voting by unregistered voters. If any person desiring to 5 vote at any election shall be challenged, he or she shall not 6 receive a ballot until he or she shall have established his 7 right to vote in the manner provided hereinafter; and if he 8 or she shall be challenged after he has received his ballot, 9 he shall not be permitted to vote until he or she has fully 10 complied with such requirements of the law upon being 11 challenged. Besides the election officer, not more than 2 12 voters in excess of the whole number of voting booths 13 provided shall be allowed within the proximity of the voting 14 booths at one time. The provisions of this Act, so far as 15 they require the registration of voters as a condition to 16 their being allowed to vote shall not apply to persons 17 otherwise entitled to vote, who are, at the time of the 18 election, or at any time within 60 days prior to such 19 election have been engaged in the military or naval service 20 of the United States, and who appear personally at the 21 polling place on election day and produce to the judges of 22 election satisfactory evidence thereof, but such persons, if 23 otherwise qualified to vote, shall be permitted to vote at 24 such election without previous registration. 25 All such persons shall also make an affidavit which shall 26 be in substantially the following form: 27 State of Illinois,) 28 ) ss. 29 County of ........) 30 ............... Precinct .......... Ward 31 I, ...., do solemnly swear (or affirm) that I am a 32 citizen of the United States, of the age of 18 years or over, 33 and that within the past 60 days prior to the date of this 34 election at which I am applying to vote, I have been engaged -15- LRB9103030MWgcam06 1 in the .... (military or naval) service of the United States; 2 and I am qualified to vote under and by virtue of the 3 Constitution and laws of the State of Illinois, and that I am 4 a legally qualified voter of this precinct and ward except 5 that I have, because of such service, been unable to register 6 as a voter; that I now reside at .... (insert street and 7 number, if any) in this precinct and ward; that I have 8 maintained a legal residence in this precinct and ward for 30 9 days and in this State 30 days next preceding this election. 10 ......................... 11 Subscribed and sworn to before me on (insert date). 12 ......................... 13 Judge of Election. 14 The affidavit of any such person shall be supported by 15 the affidavit of a resident and qualified voter of any such 16 precinct and ward, which affidavit shall be in substantially 17 the following form: 18 State of Illinois,) 19 ) ss. 20 County of ........) 21 ........... Precinct ........... Ward 22 I, ...., do solemnly swear (or affirm), that I am a 23 resident of this precinct and ward and entitled to vote at 24 this election; that I am acquainted with .... (name of the 25 applicant); that I verily believe him to be an actual bona 26 fide resident of this precinct and ward and that I verily 27 believe that he or she has maintained a legal residence 28 therein 30 days and in this State 30 days next preceding this 29 election. 30 ......................... 31 Subscribed and sworn to before me on (insert date). 32 ......................... 33 Judge of Election. -16- LRB9103030MWgcam06 1 All affidavits made under the provisions of this Section 2 shall be enclosed in a separate envelope securely sealed, and 3 shall be transmitted with the returns of the elections to the 4 county clerk or to the board of election commissioners, who 5 shall preserve the said affidavits for the period of 6 6 months, during which period such affidavits shall be deemed 7 public records and shall be freely open to examination as 8 such. 9 (Source: P.A. 91-357, eff. 7-29-99.) 10 (10 ILCS 5/17-43) 11 Sec. 17-43. Precinct tabulation optical scan technology 12 voting equipment and direct recording electronic voting 13 systems equipment. 14 If the election authority has adopted the use of Precinct 15 Tabulation Optical Scan Technology voting equipment pursuant 16 to Article 24B of this Code or Direct Recording Electronic 17 Voting Systems equipment under Article 24C of this Code, and 18 the provisions of those Articlesthe Articleare in conflict 19 with the provisions of this Article 17, the provisions of 20 Article 24B or Article 24C, as the case may be, shall govern 21 the procedures followed by the election authority, its judges 22 of elections, and all employees and agents. In following the 23 provisions of Article 24B or Article 24C, the election 24 authority is authorized to develop and implement procedures 25 to fully utilize Precinct Tabulation Optical Scan Technology 26 voting equipment or Direct Recording Electronic Voting 27 Systems equipment authorized by the State Board of Elections 28 as long as the procedure is not in conflict witheither29 Article 24B, Article 24C, or the administrative rules of the 30 State Board of Elections. 31 (Source: P.A. 89-394, eff. 1-1-97.) 32 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) -17- LRB9103030MWgcam06 1 Sec. 18-5. Questioning of person desiring to vote; 2 receipt of ballots. Any person desiring to vote and whose 3 name is found upon the register of voters by the person 4 having charge thereof, shall then be questioned by one of the 5 judges as to his nativity, his term of residence at present 6 address, precinct, State and United States, his age, whether 7 naturalized and if so the date of naturalization papers and 8 court from which secured, and he shall be asked to state his 9 residence when last previously registered and the date of the 10 election for which he then registered. The judges of 11 elections shall check each application for ballot against the 12 list of voters registered in that precinct to whom absentee 13 ballots have been issued for that election, which shall be 14 provided by the election authority and which list shall be 15 available for inspection by pollwatchers. A voter applying to 16 vote in the precinct on election day whose name appears on 17 the list as having been issued an absentee ballot shall not 18 be permitted to vote in the precinct unless that voter 19 submits to the judges of election, for cancellation or20revocation,his absentee ballot. In the case that the 21 voter's absentee ballot is not present in the polling place, 22 it shall be sufficient for any such voter to submit to the 23 judges of election in lieu of his absentee ballot, either a 24 portion of such ballot if torn or mutilated, or an affidavit 25 executed before the judges of election specifying that the 26 voter never received an absentee ballot, or an affidavit27executed before the judges of election specifying that the28voter desires to cancel or revoke any absentee ballot that29may have been cast in the voter's name. If such person so 30 registered shall be challenged as disqualified, the party 31 challenging shall assign his reasons therefor, and thereupon 32 one of the judges shall administer to him an oath to answer 33 questions, and if he shall take the oath he shall then be 34 questioned by the judge or judges touching such cause of -18- LRB9103030MWgcam06 1 challenge, and touching any other cause of disqualification. 2 And he may also be questioned by the person challenging him 3 in regard to his qualifications and identity. But if a 4 majority of the judges are of the opinion that he is the 5 person so registered and a qualified voter, his vote shall 6 then be received accordingly. But if his vote be rejected by 7 such judges, such person may afterward produce and deliver an 8 affidavit to such judges, subscribed and sworn to by him 9 before one of the judges, in which it shall be stated how 10 long he has resided in such precinct, and state; that he is a 11 citizen of the United States, and is a duly qualified voter 12 in such precinct, and that he is the identical person so 13 registered. In addition to such an affidavit, the person so 14 challenged shall provide to the judges of election proof of 15 residence by producing 2 forms of identification showing the 16 person's current residence address, provided that such 17 identification to the person at his current residence address 18 and postmarked not earlier than 30 days prior to the date of 19 the election, or the person shall procure a witness 20 personally known to the judges of election, and resident in 21 the precinct (or district), or who shall be proved by some 22 legal voter of such precinct or district, known to the judges 23 to be such, who shall take the oath following, viz: 24 I do solemnly swear (or affirm) that I am a resident of 25 this election precinct (or district), and entitled to vote at 26 this election, and that I have been a resident of this State 27 for 30 days last past, and am well acquainted with the person 28 whose vote is now offered; that he is an actual and bona fide 29 resident of this election precinct (or district), and has 30 resided herein 30 days, and as I verily believe, in this 31 State, 30 days next preceding this election. 32 The oath in each case may be administered by one of the 33 judges of election, or by any officer, resident in the 34 precinct or district, authorized by law to administer oaths. -19- LRB9103030MWgcam06 1 Also supported by an affidavit by a registered voter residing 2 in such precinct, stating his own residence, and that he 3 knows such person; and that he does reside at the place 4 mentioned and has resided in such precinct and state for the 5 length of time as stated by such person, which shall be 6 subscribed and sworn to in the same way. Whereupon the vote 7 of such person shall be received, and entered as other votes. 8 But such judges, having charge of such registers, shall state 9 in their respective books the facts in such case, and the 10 affidavits, so delivered to the judges, shall be preserved 11 and returned to the office of the commissioners of election. 12 Blank affidavits of the character aforesaid shall be sent out 13 to the judges of all the precincts, and the judges of 14 election shall furnish the same on demand and administer the 15 oaths without criticism. Such oaths, if administered by any 16 other officer than such judge of election, shall not be 17 received. Whenever a proposal for a constitutional amendment 18 or for the calling of a constitutional convention is to be 19 voted upon at the election, the separate blue ballot or 20 ballots pertaining thereto shall be placed on top of the 21 other ballots to be voted at the election in such manner that 22 the legend appearing on the back thereof, as prescribed in 23 Section 16-6 of this Act, shall be plainly visible to the 24 voter, and in this fashion the ballots shall be handed to the 25 voter by the judge. 26 The voter shall, upon quitting the voting booth, deliver 27 to one of the judges of election all of the ballots, properly 28 folded, which he received. The judge of election to whom the 29 voter delivers his ballots shall not accept the same unless 30 all of the ballots given to the voter are returned by him. If 31 a voter delivers less than all of the ballots given to him, 32 the judge to whom the same are offered shall advise him in a 33 voice clearly audible to the other judges of election that 34 the voter must return the remainder of the ballots. The -20- LRB9103030MWgcam06 1 statement of the judge to the voter shall clearly express the 2 fact that the voter is not required to vote such remaining 3 ballots but that whether or not he votes them he must fold 4 and deliver them to the judge. In making such statement the 5 judge of election shall not indicate by word, gesture or 6 intonation of voice that the unreturned ballots shall be 7 voted in any particular manner. No new voter shall be 8 permitted to enter the voting booth of a voter who has failed 9 to deliver the total number of ballots received by him until 10 such voter has returned to the voting booth pursuant to the 11 judge's request and again quit the booth with all of the 12 ballots required to be returned by him. Upon receipt of all 13 such ballots the judges of election shall enter the name of 14 the voter, and his number, as above provided in this section, 15 and the judge to whom the ballots are delivered shall 16 immediately put the ballots into the ballot box. If any voter 17 who has failed to deliver all the ballots received by him 18 refuses to return to the voting booth after being advised by 19 the judge of election as herein provided, the judge shall 20 inform the other judges of such refusal, and thereupon the 21 ballot or ballots returned to the judge shall be deposited in 22 the ballot box, the voter shall be permitted to depart from 23 the polling place, and a new voter shall be permitted to 24 enter the voting booth. 25 The judge of election who receives the ballot or ballots 26 from the voter shall announce the residence and name of such 27 voter in a loud voice. The judge shall put the ballot or 28 ballots received from the voter into the ballot box in the 29 presence of the voter and the judges of election, and in 30 plain view of the public. The judges having charge of such 31 registers shall then, in a column prepared thereon, in the 32 same line of, the name of the voter, mark "Voted" or the 33 letter "V". 34 No judge of election shall accept from any voter less -21- LRB9103030MWgcam06 1 than the full number of ballots received by such voter 2 without first advising the voter in the manner above provided 3 of the necessity of returning all of the ballots, nor shall 4 any such judge advise such voter in a manner contrary to that 5 which is herein permitted, or in any other manner violate the 6 provisions of this section; provided, that the acceptance by 7 a judge of election of less than the full number of ballots 8 delivered to a voter who refuses to return to the voting 9 booth after being properly advised by such judge shall not be 10 a violation of this Section. 11 (Source: P.A. 89-653, eff. 8-14-96.) 12 (10 ILCS 5/18-40) 13 Sec. 18-40. Precinct tabulation optical scan technology 14 voting equipment and direct recording electronic voting 15 systems equipment. 16 If the election authority has adopted the use of Precinct 17 Tabulation Optical Scan Technology voting equipment pursuant 18 to Article 24B of this Code or Direct Recording Electronic 19 Voting Systems equipment under Article 24C, and the 20 provisions of those Articlesthe Articleare in conflict with 21 the provisions of this Article 18, the provisions of Article 22 24B or Article 24C, as the case may be, shall govern the 23 procedures followed by the election authority, its judges of 24 elections, and all employees and agents. In following the 25 provisions of Article 24B or Article 24C, the election 26 authority is authorized to develop and implement procedures 27 to fully utilize Precinct Tabulation Optical Scan Technology 28 voting equipment or Direct Recording Electronic Voting 29 Systems equipment authorized by the State Board of Elections 30 as long as the procedure is not in conflict witheither31 Article 24B, Article 24C, or the administrative rules of the 32 State Board of Elections. 33 (Source: P.A. 89-394, eff. 1-1-97.) -22- LRB9103030MWgcam06 1 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) 2 Sec. 19-2.1. At the consolidated primary, general 3 primary, consolidated, and general elections, electors 4 entitled to vote by absentee ballot under the provisions of 5 Section 19-1 may vote in person at the office of the 6 municipal clerk, if the elector is a resident of a 7 municipality not having a board of election commissioners, or 8 at the office of the township clerk or, in counties not under 9 township organization, at the office of the road district 10 clerk if the elector is not a resident of a municipality; 11 provided, in each case that the municipal, township or road 12 district clerk, as the case may be, is authorized to conduct 13 in-person absentee voting pursuant to this Section. Absentee 14 voting in such municipal and township clerk's offices under 15 this Section shall be conducted from the 22nd day through the 16 day before the election. 17 Municipal and township clerks (or road district clerks) 18 who have regularly scheduled working hours at regularly 19 designated offices other than a place of residence and whose 20 offices are open for business during the same hours as the 21 office of the election authority shall conduct in-person 22 absentee voting for said elections. Municipal and township 23 clerks (or road district clerks) who have no regularly 24 scheduled working hours but who have regularly designated 25 offices other than a place of residence shall conduct 26 in-person absentee voting for said elections during the hours 27 of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m., 28 weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not 29 during such hours as the office of the election authority is 30 closed, unless the clerk files a written waiver with the 31 election authority not later than July 1 of each year stating 32 that he or she is unable to conduct such voting and the 33 reasons therefor. Such clerks who conduct in-person absentee 34 voting may extend their hours for that purpose to include any -23- LRB9103030MWgcam06 1 hours in which the election authority's office is open. 2 Municipal and township clerks (or road district clerks) who 3 have no regularly scheduled office hours and no regularly 4 designated offices other than a place of residence may not 5 conduct in-person absentee voting for said elections. The 6 election authority may devise alternative methods for 7 in-person absentee voting before said elections for those 8 precincts located within the territorial area of a 9 municipality or township (or road district) wherein the clerk 10 of such municipality or township (or road district) has 11 waived or is not entitled to conduct such voting. In 12 addition, electors may vote by absentee ballot under the 13 provisions of Section 19-1 at the office of the election 14 authority having jurisdiction over their residence. 15 In conducting absentee voting under this Section, the 16 respective clerks shall not be required to verify the 17 signature of the absentee voter by comparison with the 18 signature on the official registration record card. However, 19 the clerk shall reasonably ascertain the identity of such 20 applicant, shall verify that each such applicant is a 21 registered voter, and shall verify the precinct in which he 22 or she is registered and the proper ballots of the political 23 subdivisions in which the applicant resides and is entitled 24 to vote, prior to providing any absentee ballot to such 25 applicant. The clerk shall verify the applicant's 26 registration and from the most recent poll list provided by 27 the county clerk, and if the applicant is not listed on that 28 poll list then by telephoning the office of the county clerk. 29 Absentee voting procedures in the office of the 30 municipal, township and road district clerks shall be subject 31 to all of the applicable provisions of this Article 19. 32 Pollwatchers may be appointed to observe in-person absentee 33 voting procedures at the office of the municipal, township or 34 road district clerks' offices where such absentee voting is -24- LRB9103030MWgcam06 1 conducted. Such pollwatchers shall qualify and be appointed 2 in the same manner as provided in Sections 7-34 and 17-23, 3 except each candidate, political party or organization of 4 citizens may appoint only one pollwatcher for each location 5 where in-person absentee voting is conducted. Pollwatchers 6 shall be residents of the county and possess valid 7 pollwatcher credentials. All requirements in this Article 8 applicable to election authorities shall apply to the 9 respective local clerks, except where inconsistent with this 10 Section. 11 In election jurisdictions that deliver absentee ballots 12 to the polling place to be counted by the precinct judges on 13 election day, the sealed absentee ballots in their carrier 14 envelope shall be delivered by the respective clerks, or by 15 the election authority on behalf of a clerk if the clerk and 16 the election authority agree, to the proper polling place 17 before the close of the polls on the day of the general 18 primary, consolidated primary, consolidated, or general 19 election. 20 In election jurisdictions that have adopted a Direct 21 Recording Electronic Voting System under Article 24C and that 22 count absentee ballots in the office of the election 23 authority on election day, the sealed absentee ballots in 24 their carrier envelope shall be delivered to the office of 25 the election authority by the respective clerks before the 26 close of the polls on the day of the general primary, 27 consolidated primary, consolidated, or general election. 28 Not more than 23 days before thenonpartisan,general and 29 consolidated elections, the county clerk shall make available 30 to those municipal, township and road district clerks 31 conducting in-person absentee voting within such county, a 32 sufficient number of applications, absentee ballots, 33 envelopes, and printed voting instruction slips for use by 34 absentee voters in the offices of such clerks. The respective -25- LRB9103030MWgcam06 1 clerks shall receipt for all ballots received, shall return 2 all unused or spoiled ballots to the county clerk on the day 3 of the election and shall strictly account for all ballots 4 received. 5 The ballots delivered to the respective clerks shall 6 include absentee ballots for each precinct in the 7 municipality, township or road district, or shall include 8 such separate ballots for each political subdivision 9 conducting an election of officers or a referendum on that 10 election day as will permit any resident of the municipality, 11 township or road district to vote absentee in the office of 12 the proper clerk. 13 The clerks of all municipalities, townships and road 14 districts may distribute applications for absentee ballot for 15 the use of voters who wish to mail such applications to the 16 appropriate election authority. Such applications for 17 absentee ballots shall be made on forms provided by the 18 election authority. Duplication of such forms by the 19 municipal, township or road district clerk is prohibited. 20 (Source: P.A. 91-210, eff. 1-1-00.) 21 (10 ILCS 5/19-7) (from Ch. 46, par. 19-7) 22 Sec. 19-7. Upon receipt of such absent voter's ballot, 23 the election authority shall forthwith enclose the same 24 unopened, together with the application made by said absent 25 voter in a large or carrier envelope which shall be securely 26 sealed and endorsed with the name and official title of such 27 officer and the words, "This envelope contains an absent 28 voter's ballot and must be opened on election day," together 29 with the number and description of the precinct in which said 30 ballot is to be voted, and such officer shall thereafter 31 safely keep the same in his office until counted by him as 32 provided in this Articlethe next section. 33 Except as provided in Article 24C, the election authority -26- LRB9103030MWgcam06 1 may choose (i) to have the absentee ballots delivered before 2 the closing of the polls to their proper polling places for 3 counting by the precinct judges or (ii) to have the absentee 4 ballots received after 12:00 noon on election day or too late 5 for delivery before the closing of the polls on election day 6 counted in the office of the election authority by one or 7 more panels of election judges appointed in the manner 8 provided for in this Code. 9 (Source: P.A. 81-155.) 10 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) 11 Sec. 19-8. In election jurisdictions that deliver 12 absentee ballots to the polling place to be counted by the 13 precinct judges, the provisions of this Section shall apply. 14 In case an absent voter's ballot is received by the 15 election authority prior to the delivery of the official 16 ballots to the judges of election of the precinct in which 17 said elector resides, such ballot envelope and application, 18 sealed in the carrier envelope, shall be enclosed in such 19 package and therewith delivered to the judges of such 20 precinct. In case the official ballots for such precinct have 21 been delivered to the judges of election at the time of the 22 receipt by the election authority of such absent voter's 23 ballot, such authority shall immediately enclose said 24 envelope containing the absent voter's ballot, together with 25 his application therefor, in a larger or carrier envelope 26 which shall be securely sealed and addressed on the face to 27 the judges of election, giving the name or number of 28 precinct, street and number of polling place, city or town in 29 which such absent voter is a qualified elector, and the words 30 "This envelope contains an absent voter's ballot and must be 31 opened only on election day at the polls immediately after 32 the polls are closed," mailing the same, postage prepaid, to 33 such judges of election, or if more convenient, such officer -27- LRB9103030MWgcam06 1 may deliver such absent voter's ballot to the judges of 2 election in person or by duly deputized agent, said officer 3 to secure his receipt for delivery of such ballot or ballots. 4 Absent voters' ballots returned by absentee voters to the 5 election authority after the closing of the polls on an 6 election day shall be endorsed by the election authority 7 receiving the same with the day and hour of receipt and shall 8 be safely kept unopened by such election authority for the 9 period of time required for the preservation of ballots used 10 at such election, and shall then, without being opened, be 11 destroyed in like manner as the used ballots of such 12 election. 13 All absent voters' ballots received by the election 14 authority after 12:00 noon on election day or too late for 15 delivery to the proper polling place before the closing of 16 the polls on election day, and Special Write-In Absentee 17 Voter's Blank Ballots, except ballots returned by mail 18 postmarked after midnight preceding the opening of the polls 19 on election day, and all absent voters' ballots in election 20 jurisdictions that use voting systems authorized by Article 21 24C shall be endorsed by the election authority receiving the 22 same with the day and hour of receipt and shall be counted in 23 the office of the election authority on the day of the 24 election after 7:00 p.m. All absent voters' ballots 25 delivered in error to the wrong precinct polling place shall 26 be returned to the election authority and counted under this 27 provision; however, all absentee ballots received by the 28 election authority by the close of absentee voting in the 29 office of the election authority on the day preceding the day 30 of election shall be delivered to the proper precinct polling 31 places in time to be counted by the judges of election. 32 Such counting shall commence no later than 8:00 p.m. and 33 shall be conducted by a panel or panels of election judges 34 appointed in the manner provided by law. Such counting shall -28- LRB9103030MWgcam06 1 continue until all absent voters' ballots received as 2 aforesaid have been counted. 3 The procedures set forth in Section 19-9 of this Act and 4 Articles 17 and 18 of this Code, shall apply to all absent 5 voters' ballots counted under this provision, including 6 comparing the signature on the ballot envelope with the 7 signature of the voter on the permanent voter registration 8 record card taken from the master file; except that votes 9 shall be recorded bywithout regard toprecinctdesignation,10except for precinct offices. 11 (Source: P.A. 91-357, eff. 7-29-99.) 12 (10 ILCS 5/19-9) (from Ch. 46, par. 19-9) 13 Sec. 19-9. At the close of the regular balloting and at 14 the close of the polls the judges of election of each voting 15 precinct or the panel or panels of judges in the office of 16 the election authority, as the case may be, shall proceed to 17 cast the absent voter's ballot separately, and as each absent 18 voter's ballot is taken shall open the outer or carrier 19 envelope, announce the absent voter's name, and compare the 20 signature upon the application with the signature upon the 21 certification on the ballot envelope and the signature of the 22 voter on the permanent voter registration record card. In 23 case the judges find the certifications properly executed, 24 that the signatures correspond, that the applicant is a duly 25 qualified elector in the precinct and the applicant has not 26 been present and voted within the county where he represents 27 himself to be a qualified elector on such election day, they 28 shall open the envelope containing the absent voter's ballot 29 in such manner as not to deface or destroy the certification 30 thereon, or mark or tear the ballots therein and take out the 31 ballot or ballots therein contained without unfolding or 32 permitting the same to be unfolded or examined, and having 33 endorsed the ballot in like manner as other ballots are -29- LRB9103030MWgcam06 1 required to be endorsed, shall deposit the same in the proper 2 ballot box or boxes and enter the absent voter's name in the 3 poll book the same as if he had been present and voted in 4 person. The judges shall place the absentee ballot 5 certification envelopes in a separate envelope as per the 6 direction of the election authority. Such envelope containing 7 the absentee ballot certification envelopes shall be returned 8 to the election authority and preserved in like manner as the 9 official poll record. 10 In case such signatures do not correspond, or that the 11 applicant is not a duly qualified elector in such precinct or 12 that the ballot envelope is open or has been opened and 13 resealed, or that said voter is present and has voted within 14 the county where he represents himself to be a qualified 15 elector on the day of such election at such election such 16 previously cast vote shall not be allowed, but without 17 opening the absent voter's envelope the judge of such 18 election shall mark across the face thereof, "Rejected", 19 giving the reason therefor. 20 In case the ballot envelope contains more than one ballot 21 of any kind, said ballots shall not be counted, but shall be 22 marked "Rejected", giving the reason therefor. 23 The absent voters' envelopes and affidavits and the 24 absent voters' envelope with its contents unopened, when such 25 absent vote is rejected shall be retained and preserved in 26 the manner as now provided for the retention and preservation 27 of official ballots rejected at such election. 28 As applied to an absentee ballot of a permanently 29 disabled voter who has complied with Section 19-12.1, the 30 word "certification" as used in this Section shall be 31 construed to refer to the unsworn statement subscribed to by 32 the voter pursuant to Section 19-12.1. 33 (Source: P.A. 87-1052.) -30- LRB9103030MWgcam06 1 (10 ILCS 5/19-10) (from Ch. 46, par. 19-10) 2 Sec. 19-10. Pollwatchers may be appointed to observe 3 in-person absentee voting procedures at the office of the 4 election authority as well as at municipal, township or road 5 district clerks' offices where such absentee voting is 6 conducted. Such pollwatchers shall qualify and be appointed 7 in the same manner as provided in Sections 7-34 and 17-23, 8 except each candidate, political party or organization of 9 citizens may appoint only one pollwatcher for each location 10 where in-person absentee voting is conducted. Pollwatchers 11 shall be residents of the county and possess valid 12 pollwatcher credentials. 13 In the polling place on election day, pollwatchers shall 14 be permitted to be present during the casting of the absent 15 voters' ballots and the vote of any absent voter may be 16 challenged for cause the same as if he were present and voted 17 in person, and the judges of the election or a majority 18 thereof shall have power and authority to hear and determine 19 the legality of such ballot; Provided, however, that if a 20 challenge to any absent voter's right to vote is sustained, 21 notice of the same must be given by the judges of election by 22 mail addressed to the voter's place of residence. 23 Wherecertainabsent voters' ballots are counted on the 24 day of the election in the office of the election authority 25 as provided in this ArticleSection 19-8 of this Act, each 26 political party, candidate and qualified civic organization 27 shall be entitled to have present one pollwatcher for each 28 panel of election judges therein assigned. Such pollwatchers 29 shall be subject to the same provisions as are provided for 30 pollwatchers in Sections 7-34 and 17-23 of this Code, and 31 shall be permitted to observe the election judges making the 32 signature comparison between that which is on the absentee 33 ballot application and that which is on the ballot envelope 34 andthat which is onthe permanent voter registration record -31- LRB9103030MWgcam06 1 card taken from the master file. 2 (Source: P.A. 86-875.) 3 (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2) 4 Sec. 19-12.2. Voting by physically incapacitated 5 electors who have made proper application to the election 6 authority not later than 5 days before the regular primary 7 and general election of 1980 and before each election 8 thereafter shall be conducted on the premises of facilities 9 licensed or certified pursuant to the Nursing Home Care Act 10 for the sole benefit of residents of such facilities. Such 11 voting shall be conducted during any continuous period 12 sufficient to allow all applicants to cast their ballots 13 between the hours of 9 a.m. and 7 p.m. either on the Friday, 14 Saturday, Sunday or Monday immediately preceding the regular 15 election. This absentee voting on one of said days designated 16 by the election authority shall be supervised by two election 17 judges who must be selected by the election authority in the 18 following order of priority: (1) from the panel of judges 19 appointed for the precinct in which such facility is located, 20 or from a panel of judges appointed for any other precinct 21 within the jurisdiction of the election authority in the same 22 ward or township, as the case may be, in which the facility 23 is located or, only in the case where a judge or judges from 24 the precinct, township or ward are unavailable to serve, (3) 25 from a panel of judges appointed for any other precinct 26 within the jurisdiction of the election authority. The two 27 judges shall be from different political parties. Not less 28 than 30 days before each regular election, the election 29 authority shall have arranged with the chief administrative 30 officer of each facility in his or its election jurisdiction 31 a mutually convenient time period on the Friday, Saturday, 32 Sunday or Monday immediately preceding the election for such 33 voting on the premises of the facility and shall post in a -32- LRB9103030MWgcam06 1 prominent place in his or its office a notice of the agreed 2 day and time period for conducting such voting at each 3 facility; provided that the election authority shall not 4 later than noon on the Thursday before the election also post 5 the names and addresses of those facilities from which no 6 applications were received and in which no supervised 7 absentee voting will be conducted. All provisions of this 8 Code applicable to pollwatchers shall be applicable herein. 9 To the maximum extent feasible, voting booths or screens 10 shall be provided to insure the privacy of the voter. Voting 11 procedures shall be as described in Article 17 of this Code, 12 except that ballots shall be treated as absentee ballots and 13 shall not be counted until the close of the polls on the 14 following day. After the last voter has concluded voting, the 15 judges shall seal the ballots in an envelope and affix their 16 signatures across the flap of the envelope. Immediately 17 thereafter, the judges shall bring the sealed envelope to the 18 office of the election authority who shall preserve the 19 ballots in the office of the election authority in those 20 jurisdictions that have adopted a Direct Recording Electronic 21 Voting System under Article 24C and that count absentee 22 ballots in the office of the election authority or shall 23 deliver thesuchballots to the proper precinct polling 24 places prior to the closing of the polls on the day of 25 election in election jurisdictions that count absentee 26 ballots in the polling place. Provided, that in election 27 jurisdictions that count absentee ballots in the polling 28 place the election authority may arrange for the judges who 29 conduct such voting on the Monday before the election to 30 deliver the sealed envelope directly to the proper precinct 31 polling place on the day of election and shall announce such 32 procedure in the 30 day notice heretofore prescribed. The 33 judges of election shall also report to the election 34 authority the name of any applicant in the facility who, due -33- LRB9103030MWgcam06 1 to unforeseen circumstance or condition or because of a 2 religious holiday, was unable to vote. In this event, the 3 election authority may appoint a qualified person from his or 4 its staff to deliver the ballot to such applicant on the day 5 of election. This staff person shall follow the same 6 procedures prescribed for judges conducting absentee voting 7 in such facilities; but shall return the ballot to the proper 8 precinct polling place before the polls close. However, if 9 the facility from which the application was made is also used 10 as a regular precinct polling place for that voter, voting 11 procedures heretofore prescribed may be implemented by 2 of 12 the election judges of opposite party affiliation assigned to 13 that polling place during the hours of voting on the day of 14 the election. Judges of election shall be compensated not 15 less than $25.00 for conducting absentee voting in such 16 facilities. 17 Not less than 120 days before each regular election, the 18 Department of Public Health shall certify to the State Board 19 of Elections a list of the facilities licensed or certified 20 pursuant to the Nursing Home Care Act, and shall indicate the 21 approved bed capacity and the name of the chief 22 administrative officer of each such facility, and the State 23 Board of Elections shall certify the same to the appropriate 24 election authority within 20 days thereafter. 25 (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.) 26 (10 ILCS 5/19-15) 27 Sec. 19-15. Precinct tabulation optical scan technology 28 voting equipment and direct recording electronic voting 29 systems equipment. 30 If the election authority has adopted the use of Precinct 31 Tabulation Optical Scan Technology voting equipment pursuant 32 to Article 24B of this Code or Direct Recording Electronic 33 Voting Systems equipment under Article 24C, and the -34- LRB9103030MWgcam06 1 provisions of those Articlesthe Articleare in conflict with 2 the provisions of this Article 19, the provisions of Article 3 24B or Article 24C, as the case may be, shall govern the 4 procedures followed by the election authority, its judges of 5 elections, and all employees and agents. In following the 6 provisions of Article 24B or Article 24C, the election 7 authority is authorized to develop and implement procedures 8 to fully utilize Precinct Tabulation Optical Scan Technology 9 voting equipment or Direct Recording Electronic Voting 10 Systems equipment authorized by the State Board of Elections 11 as long as the procedure is not in conflict witheither12 Article 24B, Article 24C, or the administrative rules of the 13 State Board of Elections. 14 (Source: P.A. 89-394, eff. 1-1-97.) 15 (10 ILCS 5/20-2) (from Ch. 46, par. 20-2) 16 Sec. 20-2. Any member of the United States Service, 17 otherwise qualified to vote, who expects in the course of his 18 duties to be absent from the county in which he resides on 19 the day of holding any election may make application for an 20 absentee ballot to the election authority having jurisdiction 21 over his precinct of residence on the official postcard or on 22 a form furnished by the election authority as prescribed by 23 Section 20-3 of this Article not less than 10 days before the 24 election. A request pursuant to this Section shall entitle 25 the applicant to an absentee ballot for every election in one 26 calendar year. The original application for ballot shall be 27 kept in the office of the election authority for one year as 28 authorization to send a ballot to the voter for each election 29 to be held within that calendar year. A certified copy of 30 such application for ballot shall be sent each election with 31 the absentee ballot to the polling place to be used in lieu 32 of the original application for ballot. No registration shall 33 be required in order to vote pursuant to this Section. -35- LRB9103030MWgcam06 1 Ballots under this Section shall be mailed by the 2 election authority in the manner prescribed by Section 20-5 3 of this Article and not otherwise. Ballots voted under this 4 Section must be returnedto the election authorityin 5 sufficient time for delivery (i) to the proper precinct 6 polling place before the closing of the polls on the day of 7 the election in jurisdictions that count absentee ballots in 8 the polling place or (ii) to the office of the election 9 authority before the closing of the polls in those 10 jurisdictions that have adopted a Direct Recording Electronic 11 Voting System under Article 24C and that count absentee 12 ballots in the office of the election authority. 13 (Source: P.A. 86-875.) 14 (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1) 15 Sec. 20-2.1. Citizens of the United States temporarily 16 residing outside the territorial limits of the United States 17 who are not registered but otherwise qualified to vote and 18 who expect to be absent from their county of residence during 19 the periods of voter registration provided for in Articles 4, 20 5 or 6 of this Code and on the day of holding any election, 21 may make simultaneous application to the election authority 22 having jurisdiction over their precinct of residence for an 23 absentee registration and absentee ballot not less than 30 24 days before the election. Such application may be made on the 25 official postcard or on a form furnished by the election 26 authority as prescribed by Section 20-3 of this Article. A 27 request pursuant to this Section shall entitle the applicant 28 to an absentee ballot for every election in one calendar 29 year. The original application for ballot shall be kept in 30 the office of the election authority for one year as 31 authorization to send a ballot to the voter for each election 32 to be held within that calendar year. A certified copy of 33 such application for ballot shall be sent each election with -36- LRB9103030MWgcam06 1 the absentee ballot to the polling place to be used in lieu 2 of the original application for ballot. 3 Registration shall be required in order to vote pursuant 4 to this Section. However, if the election authority receives 5 one of such applications after 30 days but not less than 10 6 days before a Federal election, said applicant shall be sent 7 a ballot containing the Federal offices only and registration 8 for that election shall be waived. 9 Ballots under this Section shall be mailed by the 10 election authority in the manner prescribed by Section 20-5 11 of this Article and not otherwise. 12 Ballots under this Section must be returnedto the13election authorityin sufficient time for delivery (i) to the 14 proper precinct polling place before the closing of the polls 15 on the day of the election in those jurisdictions that count 16 absentee ballots in the polling place or (ii) to the office 17 of the election authority before the closing of the polls on 18 election day in those jurisdictions that have adopted a 19 Direct Recording Electronic Voting System under Article 24C 20 and that count absentee ballots in the office of the election 21 authority. 22 (Source: P.A. 86-875.) 23 (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2) 24 Sec. 20-2.2. Any non-resident civilian citizen, 25 otherwise qualified to vote, may make application to the 26 election authority having jurisdiction over his precinct of 27 former residence for an absentee ballot containing the 28 Federal offices only not less than 10 days before a Federal 29 election. Such application may be made only on the official 30 postcard. A request pursuant to this Section shall entitle 31 the applicant to an absentee ballot for every election in one 32 calendar year at which Federal offices are filled. The 33 original application for ballot shall be kept in the office -37- LRB9103030MWgcam06 1 of the election authority for one year as authorization to 2 send a ballot to the voter for each election to be held 3 within that calendar year at which Federal offices are 4 filled. A certified copy of such application for ballot 5 shall be sent each election with the absentee ballot to the 6 polling place to be used in lieu of the original application 7 for ballot. No registration shall be required in order to 8 vote pursuant to this Section. Ballots under this Section 9 shall be mailed by the election authority in the manner 10 prescribed by Section 20-5 of this Article and not otherwise. 11 Ballots under this Section must be returnedto the election12authorityin sufficient time for delivery (i) to the proper 13 precinct polling place before the closing of the polls on the 14 day of the election in those jurisdictions that count 15 absentee ballots in the polling place or (ii) to the office 16 of the election authority before the closing of the polls on 17 election day in those jurisdictions that have adopted a 18 Direct Recording Electronic Voting System under Article 24C 19 and that count absentee ballots in the office of the election 20 authority. 21 (Source: P.A. 86-875.) 22 (10 ILCS 5/20-7) (from Ch. 46, par. 20-7) 23 Sec. 20-7. Upon receipt of such absent voter's ballot, 24 the officer or officers above described shall forthwith 25 enclose the same unopened, together with the application made 26 by said absent voter in a large or carrier envelope which 27 shall be securely sealed and endorsed with the name and 28 official title of such officer and the words, "This envelope 29 contains an absent voter's ballot and must be opened on 30 election day," together with the number and description of 31 the precinct in which said ballot is to be voted, and such 32 officer shall thereafter safely keep the same in his office 33 until counted by him as provided in this Articlethe next-38- LRB9103030MWgcam06 1section. 2 Except as provided in Article 24C, the election authority 3 may choose (i) to deliver the absentee ballots to the proper 4 precinct polling place before the close of the polls on the 5 election day to be counted by the precinct judges or (ii) to 6 have the absentee ballots received after 12:00 noon on 7 election day or too late for delivery before the closing of 8 the polls on election day counted in the office of the 9 election authority by one or more panels of election judges 10 appointed in the manner provided for in this Code. 11 (Source: P.A. 81-155.) 12 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8) 13 Sec. 20-8. (a) In election jurisdictions that count 14 absentee ballots in the polling place, this subsection shall 15 apply. 16 In case any such ballot is received by the election 17 authority prior to the delivery of the official ballots to 18 the judges of election of the precinct in which said elector 19 resides, such ballot envelope and application, sealed in the 20 carrier envelope, shall be enclosed in the same package with 21 the other official ballots and therewith delivered to the 22 judges of such precinct. In case the official ballots for 23 such precinct have been delivered to the judges of election 24 at the time of the receipt by the election authority of such 25 absent voter's ballot, it shall immediately enclose said 26 envelope containing the absent voter's ballot, together with 27 his application therefor, in a larger or carrier envelope 28 which shall be securely sealed and addressed on the face to 29 the judges of election, giving the name or number of 30 precinct, street and number of polling place, city or town in 31 which such absent voter is a qualified elector, and the 32 words, "This envelope contains an absent voter's ballot and 33 must be opened only on election day at the polls immediately -39- LRB9103030MWgcam06 1 after the polls are closed," mailing the same, postage 2 prepaid, to such judges of election, or if more convenient he 3 or it may deliver such absent voter's ballot to the judges of 4 election in person or by duly deputized agent and secure his 5 receipt for delivery of such ballot or ballots. Absent 6 voter's ballots postmarked after 11:59 p.m. of the day 7 immediately preceding the election returned to the election 8 authority too late to be delivered to the proper polling 9 place before the closing of the polls on the day of election 10 shall be endorsed by the person receiving the same with the 11 day and hour of receipt and shall be safely kept unopened by 12 the election authority for the period of time required for 13 the preservation of ballots used at such election, and shall 14 then, without being opened, be destroyed in like manner as 15 the used ballots of such election. 16 (b) All absent voters' ballots received by the election 17 authority after 12:00 noon on election day or too late for 18 delivery to the proper polling place before the closing of 19 the polls on election day, except ballots returned by mail 20 postmarked after midnight preceding the opening of the polls 21 on election day, and all absent voters' ballots in election 22 jurisdictions that use voting systems authorized by Article 23 24C shall be counted in the office of the election authority 24 on the day of the election after 7:00 p.m. All absent voters' 25 ballots delivered in error to the wrong precinct polling 26 place shall be returned to the election authority and counted 27 under this provision. 28 Such counting shall commence no later than 8:00 p.m. and 29 shall be conducted by a panel or panels of election judges 30 appointed in the manner provided by law. Such counting shall 31 continue until all absent voters' ballots received as 32 aforesaid have been counted. 33 The procedures set forth in Section 19-9 of this Act and 34 Articles 17 and 18 of this Code, shall apply to all absent -40- LRB9103030MWgcam06 1 voters' ballots counted under this provision; except that 2 votes shall be recorded bywithout regard toprecinct 3designation. 4 Wherecertainabsent voters' ballots are counted in the 5 office of the election authority as provided in this Section, 6 each political party, candidate and qualified civic 7 organization shall be entitled to have present one 8 pollwatcher for each panel of election judges therein 9 assigned. 10 (Source: P.A. 84-861.) 11 (10 ILCS 5/20-9) (from Ch. 46, par. 20-9) 12 Sec. 20-9. At the close of the regular balloting and at 13 the close of the polls the judges of election of each voting 14 precinct or the panel or panels of judges in the office of 15 the election authority, as the case may be, shall proceed to 16 cast the absent voter's ballot separately, and as each absent 17 voter's ballot is taken shall open the outer or carrier 18 envelope, announce the absent voter's name, and compare the 19 signature upon the application with the signature upon the 20 registration record card if the voter is registered or upon 21 the certification on the ballot envelope if there is no 22 registration card. In case the judges find the certifications 23 properly executed, that the signatures correspond, that the 24 applicant is a duly qualified elector in the precinct and the 25 applicant has not been present and voted within the county 26 where he represents himself to be a qualified elector on such 27 election day, they shall open the envelope containing the 28 absent voter's ballot in such manner as not to deface or 29 destroy the certification thereon, or mark or tear the 30 ballots therein and take out the ballot or ballots therein 31 contained without unfolding or permitting the same to be 32 unfolded or examined, and having endorsed or initialed the 33 ballot in like manner as other ballots are required to be -41- LRB9103030MWgcam06 1 endorsed, shall deposit the same in the proper ballot box or 2 boxes and mark the voter's registration record card 3 accordingly or file the application in lieu thereof. The 4 judges shall place the absentee ballot certification 5 envelopes in a separate envelope as per the direction of the 6 election authority. Such envelope containing the absentee 7 ballot certification envelopes shall be returned to the 8 election authority and preserved in like manner as the 9 official poll record. 10 In case the signatures do not correspond, or that the 11 applicant is not a duly qualified elector in such precinct or 12 that the ballot envelope is open or has been opened and 13 resealed (except for the purpose of military censorship), or 14 that said voter is present and has voted within the county 15 where he represents himself to be a qualified elector on the 16 day of such election at such election such previously cast 17 vote shall not be allowed, but without opening the absent 18 voter's envelope the judge of such election shall mark across 19 the face thereof, "Rejected", giving the reason therefor. 20 In case the ballot envelope contains duplicate ballots, 21 said ballots shall not be counted, but shall be marked 22 "Rejected", giving the reason therefor. 23 The absent voters' envelopes and certifications and the 24 absent voters' envelope with its contents unopened, when such 25 absent vote is rejected shall be retained and preserved in 26 the manner as now provided for the retention and preservation 27 of official ballots rejected at such election. 28 (Source: P.A. 87-1052.) 29 (10 ILCS 5/20-15) 30 Sec. 20-15. Precinct tabulation optical scan technology 31 voting equipment and direct recording electronic voting 32 systems equipment. 33 If the election authority has adopted the use of Precinct -42- LRB9103030MWgcam06 1 Tabulation Optical Scan Technology voting equipment pursuant 2 to Article 24B of this Code or Direct Recording Electronic 3 Voting Systems equipment under Article 24C of this Code, and 4 the provisions of those Articlesthe Articleare in conflict 5 with the provisions of this Article 20, the provisions of 6 Article 24B or Article 24C, as the case may be, shall govern 7 the procedures followed by the election authority, its judges 8 of elections, and all employees and agents. In following the 9 provisions of Article 24B or Article 24C, the election 10 authority is authorized to develop and implement procedures 11 to fully utilize Precinct Tabulation Optical Scan Technology 12 voting equipment or Direct Recording Electronic Voting 13 Systems equipment authorized by the State Board of Elections 14 as long as the procedure is not in conflict witheither15 Article 24B, Article 24C, or the administrative rules of the 16 State Board of Elections. 17 (Source: P.A. 89-394, eff. 1-1-97.) 18 (10 ILCS 5/Art. 24C heading new) 19 ARTICLE 24C. DIRECT RECORDING 20 ELECTRONIC VOTING SYSTEMS 21 (10 ILCS 5/24C-1 new) 22 Sec. 24C-1. Purpose. The purpose of this Article is to 23 authorize the use of Direct Recording Electronic Voting 24 Systems approved by the State Board of Elections. In a 25 Direct Recording Electronic Voting System, voters cast votes 26 by means of a ballot display provided with mechanical or 27 electro-optical devices that can be activated by the voters 28 to mark their choices for the candidates of their preference 29 and for or against public questions. The voting devices shall 30 be capable of instantaneously recording the votes, storing 31 the votes, and tabulating the votes at the precinct. This 32 Article authorizes the use of Direct Recording Electronic -43- LRB9103030MWgcam06 1 Voting Systems for in-precinct counting applications, except 2 that absentee ballots must be counted at the office of the 3 election authority. 4 (10 ILCS 5/24C-2 new) 5 Sec. 24C-2. Definitions. As used in this Article: 6 "Audit trail" means a continuous trail of evidence 7 linking individual transactions related to the vote count 8 with the summary record of vote totals, but that shall not 9 allow for the identification of the voter. It shall permit 10 verification of the accuracy of the count and detection and 11 correction of problems and shall provide a record of each 12 step taken in: defining and producing ballots and generating 13 related software for specific elections; installing ballots 14 and software; testing system readiness; casting and 15 tabulating ballots; and producing reports of vote totals. 16 The record shall incorporate system status and error messages 17 generated during election processing, including a log of 18 machine activities and routine and unusual intervention by 19 authorized and unauthorized individuals. Also part of an 20 election audit trail is the documentation of such items as 21 ballots delivered and collected, administrative procedures 22 for system security, pre-election testing of voting systems, 23 and maintenance performed on voting equipment. 24 "Ballot" means an electronic audio or video display or 25 any other medium used to record a voter's choices for the 26 candidates of his or her preference and for or against public 27 questions. 28 "Ballot configuration" means the particular combination 29 of political subdivision or district ballots including, for 30 each political subdivision or district, the particular 31 combination of offices, candidate names, and public questions 32 as they appear for each group of voters who may cast the same 33 ballot. -44- LRB9103030MWgcam06 1 "Ballot image" means a corresponding representation in 2 electronic form of the mark or vote position of a ballot. 3 "Ballot label" or "ballot screen" means the display of 4 material containing the names of offices and candidates and 5 public questions to be voted on. 6 "Computer", "automatic and electronic tabulating 7 equipment", or "equipment" includes (i) apparatus necessary 8 to automatically or electronically examine and count votes as 9 designated on ballots and (ii) data processing machines that 10 can be used for counting ballots and tabulating results. 11 "Computer operator" means any person or persons 12 designated by the election authority to operate the automatic 13 tabulating equipment during any portion of the vote tallying 14 process in an election, but shall not include judges of 15 election operating vote tabulating equipment in the precinct. 16 "Computer program" or "program" means the set of 17 operating instructions for the automatic or electronic 18 tabulating equipment that examines, records, counts, 19 tabulates, canvasses, and prints votes recorded by a voter on 20 a ballot. 21 "Direct recording electronic voting system", "voting 22 system", or "system" means the combination of equipment and 23 programs that records votes by means of a ballot display 24 provided with mechanical or electro-optical devices that can 25 be activated by the voter, that processes the data by means 26 of a computer program, that records voting data and ballot 27 images in internal memory devices, and that produces a 28 tabulation of the voting data as hard copy or stored in a 29 removable memory device. 30 "Edit listing" means a computer generated listing of the 31 names of each candidate and public question as they appear in 32 the program for each precinct. 33 "In-precinct counting" means the recording and counting 34 of ballots on automatic or electronic tabulating equipment -45- LRB9103030MWgcam06 1 provided by the election authority in the same precinct 2 polling place in which those ballots have been cast. 3 "Separate ballot" means a separate page or display screen 4 of the ballot that is clearly defined and distinguishable 5 from other portions of the ballot. 6 "Voting device" or "voting machine" means a Direct 7 Recording Voting System apparatus. 8 (10 ILCS 5/24C-3 new) 9 Sec. 24C-3. Adoption, experimentation, or abandonment of 10 Direct Recording Electronic Voting System; boundaries of 11 precincts; notice. Except as otherwise provided in Section 12 24C-20, any county board or board of county commissioners, 13 with respect to territory within its jurisdiction, may adopt, 14 experiment with, or abandon a Direct Recording Electronic 15 Voting System approved for use by the State Board of 16 Elections and may use the system in all or some of the 17 precincts within its jurisdiction, or in combination with 18 punch cards, paper ballots, or ballot sheets. In no case may 19 a county board, board of county commissioners, or board of 20 election commissioners contract or arrange for the purchase, 21 lease, or loan of a Direct Recording Electronic Voting System 22 or system component without the approval of the State Board 23 of Elections as provided by Section 24C-16. The county board 24 and board of county commissioners of each county having a 25 population of 40,000 or more, with respect to all elections 26 for which an election authority is charged with the duty of 27 providing materials and supplies, must provide either a 28 Direct Recording Electronic Voting System approved for use by 29 the State Board of Elections under this Article or voting 30 systems under Article 24, Article 24A, or Article 24B for 31 each precinct for all elections, except as provided in 32 Section 24-1.2. For purposes of this Section "population" 33 does not include persons prohibited from voting by Section -46- LRB9103030MWgcam06 1 3-5 of this Code. 2 Before any Direct Recording Electronic Voting System is 3 introduced, adopted, or used in any precinct or territory, at 4 least 2 months public notice must be given before the date of 5 the first election when the system is to be used. The 6 election authority shall publish the notice at least once in 7 one or more newspapers published within the county, or other 8 jurisdiction, where the election is held. If there is no 9 such newspaper, the notice shall be published in a newspaper 10 published in the county and having a general circulation 11 within the jurisdiction. The notice shall be substantially 12 as follows: 13 "Notice is hereby given that on (give date), at (insert 14 place where election is held) in the county of (insert 15 county) an election will be held for (insert name of offices 16 to be filled) at which a Direct Recording Electronic Voting 17 System will be used." 18 Dated at ... (insert date)" 19 This notice referred to shall be given only at the first 20 election at which the Direct Recording Electronic Voting 21 System is used. 22 (10 ILCS 5/24C-3.1 new) 23 Sec. 24C-3.1. Retention, consolidation, or alteration of 24 existing precincts; change of location. When a Direct 25 Recording Electronic Voting System is used, the county board 26 or board of election commissioners may retain existing 27 precincts or may consolidate, combine, alter, decrease, or 28 enlarge the boundaries of the precincts to change the number 29 of registered voters of the precincts using the system, 30 establishing the number of registered voters within each 31 precinct at a number not to exceed 800 as the appropriate 32 county board or board of election commissioners determines 33 will afford adequate voting facilities and efficient and -47- LRB9103030MWgcam06 1 economical elections. 2 Except in the event of a fire, flood, or total loss of 3 heat in a place fixed or established pursuant to law by any 4 county board or board of election commissioners as a polling 5 place for an election, no election authority shall change the 6 location of a polling place established for any precinct 7 after notice of the place of holding the election for that 8 precinct has been given as required under Article 12, unless 9 the election authority notifies all registered voters in the 10 precinct of the change in location by first class mail in 11 sufficient time for the notice to be received by the 12 registered voters in the precinct at least one day prior to 13 the date of the election. 14 (10 ILCS 5/24C-4 new) 15 Sec. 24C-4. Use of Direct Recording Electronic Voting 16 System; requisites; applicable procedure. Direct Recording 17 Electronic Voting Systems may be used in elections provided 18 that the systems enable the voter to cast a vote for all 19 offices and on all public questions for which he or she is 20 entitled to vote, and that the systems are approved for use 21 by the State Board of Elections. 22 So far as applicable, the procedure provided for voting 23 paper ballots shall apply when Direct Recording Electronic 24 Voting Systems are used. The provisions of this Article 24C 25 will govern when there are conflicts. 26 (10 ILCS 5/24C-5 new) 27 Sec. 24C-5. Voting booths. In precincts where a Direct 28 Recording Electronic Voting System is used, a sufficient 29 number of voting booths shall be provided for the use of the 30 system according to the requirements determined by the State 31 Board of Elections. Each booth shall be placed so that the 32 entrance to each booth faces a wall in a manner that no judge -48- LRB9103030MWgcam06 1 of election or pollwatcher is able to observe a voter casting 2 a ballot. 3 (10 ILCS 5/24C-5.1 new) 4 Sec. 24C-5.1. Instruction of voters. Before entering the 5 voting booth each voter shall be offered instruction in using 6 the Direct Recording Electronic Voting System. In 7 instructing voters, no election judge may show partiality to 8 any political party or candidate. The duties of instruction 9 shall be discharged by a judge from each of the political 10 parties represented and they shall alternate serving as 11 instructor so that each judge shall serve a like time at 12 those duties. No instructions may be given after the voter 13 has entered the voting booth. 14 No election judge or person assisting a voter may in any 15 manner request, suggest, or seek to persuade or induce any 16 voter to cast his or her vote for any particular ticket, 17 candidate, amendment, question, or proposition. All 18 instructions shall be given by election judges in a manner 19 that it may be observed by other persons in the polling 20 place. 21 (10 ILCS 5/24C-5.2 new) 22 Sec. 24C-5.2. Demonstration of Direct Recording 23 Electronic Voting System; placement in public library. When 24 a Direct Recording Electronic Voting System is to be used in 25 a forthcoming election, the election authority may provide, 26 for the purpose of instructing voters in the election, one 27 demonstrator Direct Recording Electronic Voting System unit 28 for placement in any public library within the political 29 subdivision where the election occurs. If the placement of a 30 demonstrator takes place it shall be made available at least 31 30 days before the election. -49- LRB9103030MWgcam06 1 (10 ILCS 5/24C-6 new) 2 Sec. 24C-6. Ballot information; arrangement; absentee 3 ballots; spoiled ballots. The ballot information shall, as 4 far as practicable, be in the order of arrangement provided 5 for paper ballots, except that the information may be in 6 vertical or horizontal rows or on a number of separate pages 7 or display screens. 8 All public questions, including but not limited to public 9 questions calling for a constitutional convention, 10 constitutional amendment, or judicial retention, shall be 11 placed on the ballot separate and apart from candidates. 12 Ballots for all public questions shall be clearly designated 13 pursuant to administrative rule of the State Board of 14 Elections. More than one amendment to the constitution may 15 be placed on the same portion of the ballot screen. 16 Constitutional convention or constitutional amendment 17 propositions shall precede all candidates and other 18 propositions and shall be placed on a separate portion of the 19 ballot and designated by borders or unique color screens, 20 unless otherwise provided by administrative rule of the State 21 Board of Elections. More than one public question may be 22 placed on the same portion of the ballot. Judicial retention 23 propositions shall be placed on a separate portion of the 24 ballot designated pursuant to administrative rule of the 25 State Board of Elections. More than one proposition for 26 retention of judges in office may be placed on the same 27 portion of the ballot. 28 The party affiliation, if any, of each candidate or the 29 word "independent", where applicable, shall appear near or 30 under the candidate's name, and the names of candidates for 31 the same office shall be listed vertically under the title of 32 that office. In the case of nonpartisan elections for 33 officers of political subdivisions, unless the statute or an 34 ordinance adopted pursuant to Article VII of the Illinois -50- LRB9103030MWgcam06 1 Constitution requires otherwise, the listing of nonpartisan 2 candidates shall not include any party or "independent" 3 designation. In primary elections, a separate ballot, shall 4 be used for each political party holding a primary, with the 5 ballot arranged to include names of the candidates of the 6 party and public questions and other propositions to be voted 7 upon on the day of the primary election. 8 If the ballot includes both candidates for office and 9 public questions or propositions to be voted on, the election 10 official in charge of the election shall divide the ballot in 11 sections for "Candidates" and "Public Questions", or separate 12 ballots may be used. 13 Any voter who spoils his or her ballot or makes an error 14 shall be provided a means of correcting the ballot or 15 obtaining a new ballot prior to casting his or her ballot. 16 (10 ILCS 5/24C-6.1 new) 17 Sec. 24C-6.1. Security designation. In all elections 18 conducted under this Article, ballots shall have a security 19 designation. In precincts where more than one ballot 20 configuration may be voted upon, ballots shall have a 21 different security designation for each ballot configuration. 22 If a precinct has only one possible ballot configuration, the 23 ballots must have a security designation to identify the 24 precinct and the election. Where ballots from more than one 25 precinct are being tabulated, the ballots from each precinct 26 must be clearly identified; official results shall not be 27 generated unless the precinct identification for any precinct 28 corresponds. The Direct Recording Electronic Voting System 29 shall be designed to ensure that the proper ballot is 30 selected for each polling place and that the format can be 31 matched to the software or firmware required to interpret it 32 correctly. The system shall provide a means of programming 33 each piece of equipment to reflect the ballot requirements of -51- LRB9103030MWgcam06 1 the election and shall include a means for validating the 2 correctness of the program and of the program's installation 3 in the equipment or in a programmable memory device. 4 (10 ILCS 5/24C-7 new) 5 Sec. 24C-7. Write-in ballots. Pursuant to administrative 6 rule of the State Board of Elections, a Direct Recording 7 Electronic Voting System shall provide an acceptable method 8 for a voter to vote for a person whose name does not appear 9 on the ballot using the same Direct Recording Electronic 10 Voting System used to record votes for candidates whose name 11 do appear on the ballot. 12 (10 ILCS 5/24C-8 new) 13 Sec. 24C-8. Preparation for use; comparison of ballots; 14 operational checks of Direct Recording Electronic Voting 15 Systems equipment; pollwatchers. The election authority 16 shall cause the approved Direct Recording Electronic Voting 17 System equipment to be delivered to the polling places. 18 Before the opening of the polls, all Direct Recording 19 Electronic Voting System devices shall provide a printed 20 record of the following, upon verification of the 21 authenticity of the commands by a judge of election: the 22 election's identification data, the equipment's unit 23 identification, the ballot's format identification, the 24 contents of each active candidate register by office and of 25 each active public question register showing that they 26 contain all zeros, all ballot fields that can be used to 27 invoke special voting options, and other information needed 28 to ensure the readiness of the equipment, and to accommodate 29 administrative reporting requirements. 30 The Direct Recording Electronic Voting System shall 31 provide a means for the election judges to open the polling 32 place and ready the equipment for the casting of ballots. -52- LRB9103030MWgcam06 1 Those means shall incorporate a security seal, a password, or 2 a data code recognition capability to prevent inadvertent or 3 unauthorized actuation of the poll-opening function. If more 4 than one step is required, it shall enforce their execution 5 in the proper sequence. 6 Pollwatchers, as provided by law, shall be permitted to 7 closely observe the judges in these procedures and to 8 periodically inspect the Direct Recording Electronic Voting 9 System equipment when not in use by the voters. 10 (10 ILCS 5/24C-9 new) 11 Sec. 24C-9. Testing of Direct Recording Electronic Voting 12 System equipment and programs; custody of programs, test 13 materials, and ballots. Prior to the public test, the 14 election authority shall conduct an errorless pre-test of the 15 Direct Recording Electronic Voting System equipment and 16 programs to determine that they will correctly detect voting 17 defects and count the votes cast for all offices and all 18 public questions. On any day not less than 5 days prior to 19 the election day, the election authority shall publicly test 20 the Direct Recording Electronic Voting System equipment and 21 programs to determine that they will correctly count the 22 votes cast for all offices and on all public questions. 23 Public notice of the time and place of the test shall be 24 given at least 48 hours before the test by publishing the 25 notice in one or more newspapers within the election 26 jurisdiction of the election authority, if a newspaper is 27 published in that jurisdiction. If a newspaper is not 28 published in that jurisdiction, notice shall be published in 29 a newspaper of general circulation in that jurisdiction. 30 Timely written notice stating the date, time, and location of 31 the public test shall also be provided to the State Board of 32 Elections. The test shall be open to representatives of the 33 political parties, the press, representatives of the State -53- LRB9103030MWgcam06 1 Board of Elections, and the public. The test shall be 2 conducted by entering a preaudited group of ballots marked to 3 record a predetermined number of valid votes for each 4 candidate and on each public question, and shall include for 5 each office one or more ballots having votes exceeding the 6 number allowed by law to test the ability of the electronic 7 tabulating equipment to reject the votes. The test shall 8 also include producing an edit listing. 9 The State Board of Elections may select as many election 10 jurisdictions that the Board deems advisable in the interests 11 of the election process of this State to order a special test 12 of the electronic tabulating equipment and program before any 13 regular election. The Board may order a special test in any 14 election jurisdiction where, during the preceding 12 months, 15 computer programming errors or other errors in the use of the 16 system resulted in vote tabulation errors. Not less than 30 17 days before any election, the State Board of Elections shall 18 provide written notice to those selected jurisdictions of its 19 intent to conduct a test. Within 5 days of receipt of the 20 State Board of Elections' written notice of intent to conduct 21 a test, the selected jurisdictions shall forward to the 22 principal office of the State Board of Elections a copy of 23 all specimen ballots. The State Board of Elections' tests 24 shall be conducted and completed not less than 2 days before 25 the public test using testing materials supplied by the Board 26 and under the supervision of the Board, and the Board shall 27 reimburse the election authority for the reasonable cost of 28 computer time required to conduct the special test. After an 29 errorless test, materials used in the public test, including 30 the program, if appropriate, shall be sealed and remain 31 sealed until the test is run again on election day. If any 32 error is detected, the cause of the error shall be determined 33 and corrected, and an errorless public test shall be made 34 before the automatic tabulating equipment is approved. Each -54- LRB9103030MWgcam06 1 election authority shall file a sealed copy of each tested 2 program to be used within its jurisdiction at an election 3 with the State Board of Elections before the election. The 4 Board shall secure the program or programs of each election 5 jurisdiction so filed in its office for the 60 days following 6 the canvass and proclamation of election results. At the 7 expiration of that time, if no election contest or appeal is 8 pending in an election jurisdiction, the Board shall return 9 the sealed program or programs to the election authority of 10 the jurisdiction. After the completion of the count, the test 11 shall be re-run using the same program. Immediately after 12 the re-run, all material used in testing the program and the 13 programs shall be sealed and retained under the custody of 14 the election authority for a period of 60 days. At the 15 expiration of that time the election authority shall destroy 16 the voted ballots, together with all unused ballots returned 17 from the precincts, provided, that if any contest of election 18 is pending at the time in which the ballots may be required 19 as evidence and the election authority has notice of the 20 contest, the ballots shall not be destroyed until after the 21 contest is finally determined. If the use of back-up 22 equipment becomes necessary, the same testing required for 23 the original equipment shall be conducted. 24 (10 ILCS 5/24C-10 new) 25 Sec. 24C-10. Recording of votes by Direct Recording 26 Electronic Voting Systems. Whenever a Direct Recording 27 Electronic Voting System is used to electronically record and 28 count the votes of ballots, the provisions of this Section 29 shall apply. A voter shall cast a proper vote on a ballot 30 pursuant to the instructions provided on the screen or 31 labels. 32 (10 ILCS 5/24C-11 new) -55- LRB9103030MWgcam06 1 Sec. 24C-11. Functional requirements. The functional 2 requirements of a Direct Recording Electronic Voting System 3 shall be specified by the administrative rules of the State 4 Board of Elections. 5 (10 ILCS 5/24C-12 new) 6 Sec. 24C-12. Procedures for counting and tallying of 7 ballots. In an election jurisdiction where a Direct Recording 8 Electronic Voting System is used, the procedures in this 9 Section for counting and tallying the ballots shall apply. 10 Before the opening of the polls, the judges of elections 11 shall assemble the voting equipment and devices and turn the 12 equipment on. The judges shall, if necessary, take steps to 13 actuate the voting devices and counting equipment by 14 inserting into the equipment and voting devices appropriate 15 electronic media containing passwords and data codes that 16 will select the proper ballot formats for that polling place 17 and that will prevent inadvertent or unauthorized actuation 18 of the poll-opening function. Before voting begins and 19 before ballots are entered into the voting devices, the 20 judges of election shall cause to be printed a record of the 21 following: (i) the election's identification data, (ii) the 22 device's unit identification, (iii) the ballot's format 23 identification, (iv) the contents of each active candidate 24 register by office and of each active public question 25 register showing that they contain all zeros, (v) all ballot 26 fields that can be used to invoke special voting options, and 27 (vi) other information needed to ensure the readiness of the 28 equipment and to accommodate administrative reporting 29 requirements. The judges must also check to be sure that the 30 totals are all zeros in the counting columns and in the 31 public counter affixed to the voting devices. 32 After the judges have determined that a person is 33 qualified to vote, the judges shall enable a voting device to -56- LRB9103030MWgcam06 1 be used by the voter and the proper ballot to which the voter 2 is entitled shall be selected. The ballot may then be cast 3 by the voter by marking by appropriate means the designated 4 area of the ballot for the casting of a vote for any 5 candidate or for or against any public question. The voter 6 shall be able to vote for any and all candidates and public 7 measures appearing on the ballot in any legal number and 8 combination and the voter shall be able to delete or change 9 his or her selections before the ballot is cast. The voter 10 shall be able to select candidates whose names do not appear 11 upon the ballot for any office by following the instructions 12 provided on the screen or labels as many names of candidates 13 as the voter is entitled to select for each office. 14 Upon completing his or her selection of candidates or 15 public questions, the voter shall signify that voting has 16 been completed by activating the appropriate button, switch, 17 or active area of the ballot screen associated with end of 18 voting. Upon activation, the voting system shall record an 19 image of the completed ballot, shall increment the proper 20 ballot position registers, and shall signify to the voter 21 that the ballot has been cast. The voter shall exit the 22 voting station and the voting system shall prevent any 23 further attempt to vote until it has been re-activated by the 24 judges of election. If the voter fails to cast his or her 25 ballot and leaves the polling place, 2 judges of election, 26 one from each of the 2 major political parties, shall spoil 27 the ballot. 28 Throughout the election day and before the closing of the 29 polls, no person may check any vote totals for any candidate 30 or public question on the voting or counting equipment. 31 The precinct judges of election shall check the public 32 register to determine whether the number of ballots counted 33 by the voting equipment agrees with the number of voters 34 voting as shown by the applications for ballot. If the same -57- LRB9103030MWgcam06 1 do not agree, the judges of election shall immediately 2 contact the offices of the election authority in charge of 3 the election for further instructions. If the number of 4 ballots counted by the voting equipment agrees with the 5 number of voters voting as shown by the application for 6 ballot, the number shall be listed on the "Statement of 7 Ballots" form provided by the election authority. 8 The totals for all candidates and propositions shall be 9 tabulated and 4 copies of a "Certificate of Results" shall be 10 printed by the electronic tabulating equipment. In addition, 11 one copy shall be posted in a conspicuous place inside the 12 polling place and every effort shall be made by the judges of 13 election to provide a copy for each authorized pollwatcher or 14 other official authorized to be present in the polling place 15 to observe the counting of ballots. Additional copies shall 16 be made available to pollwatchers, but in no case shall there 17 be fewer than 4 chosen by lot by the judges of election. In 18 addition, sufficient time shall be provided by the judges of 19 election to the pollwatchers to allow them to copy 20 information from the copy that has been posted. 21 If instructed by the election authority, the judges of 22 election shall cause the tabulated returns to be transmitted 23 electronically to the offices of the election authority via 24 modem or other electronic medium. 25 The precinct judges of election shall select a 26 bi-partisan team of 2 judges, who shall immediately return 27 the ballots in a sealed container, along with all other 28 election materials and equipment as instructed by the 29 election authority; provided, however, that the container 30 must first be sealed by the election judges with filament 31 tape or other approved sealing devices provided for the 32 purpose in a manner that the ballots cannot be removed from 33 the container without breaking the seal or filament tape and 34 disturbing any signatures affixed by the election judges to -58- LRB9103030MWgcam06 1 the container. The election authority shall keep the office 2 of the election authority, or any receiving stations 3 designated by the authority, open for at least 12 consecutive 4 hours after the polls close or until the ballots and election 5 material and equipment, as instructed by the election 6 authority, from all precincts within the jurisdiction of the 7 election authority have been returned to the election 8 authority. Ballots and election materials and equipment 9 returned to the office of the election authority that are not 10 signed and sealed as required by law shall not be accepted by 11 the election authority until the judges returning the ballots 12 make and sign the necessary corrections. Upon acceptance of 13 the ballots and election materials and equipment by the 14 election authority, the judges returning the ballots shall 15 take a receipt signed by the election authority and stamped 16 with the time and date of the return. The election judges 17 whose duty it is to return any ballots and election materials 18 and equipment as provided shall, in the event the ballots, 19 materials, or equipment cannot be found when needed, on 20 proper request, produce the receipt that they are to take as 21 above provided. 22 (10 ILCS 5/24C-13 new) 23 Sec. 24C-13. Counting of absentee ballots. All 24 jurisdictions using Direct Recording Electronic Voting 25 Systems shall count absentee ballots at the office of the 26 election authority. The provisions of Sections 24A-9 and 27 24B-9 shall apply to the testing and notice requirements for 28 central count tabulation equipment, including comparing the 29 signature on the ballot envelope with the signature of the 30 voter on the permanent voter registration record card taken 31 from the master file; except that votes shall be recorded by 32 precinct. 33 Any election authority using a direct recording -59- LRB9103030MWgcam06 1 electronic voting system shall use voting systems approved 2 for use under Articles 16, 24A, or 24B when conducting 3 absentee voting. The absentee ballots shall be examined and 4 processed pursuant to Sections 19-9 and 20-9. The results 5 shall be recorded by precinct and shall become part of the 6 certificate of results. 7 (10 ILCS 5/24C-14 new) 8 Sec. 24C-14. Tabulating votes; direction; presence of 9 public; computer operator's log and canvass. The procedure 10 for tabulating the votes by the Direct Recording Electronic 11 Voting System shall be under the direction of the election 12 authority and shall conform to the requirements of the Direct 13 Recording Electronic Voting System. During any 14 election-related activity using the Direct Recording 15 Electronic Voting System equipment, the election authority 16 shall dedicate the equipment to vote processing to ensure the 17 security and integrity of the system. 18 A reasonable number of pollwatchers shall be admitted to 19 the counting location. Persons may observe the tabulating 20 process at the discretion of the election authority; however, 21 at least one representative of each established political 22 party and authorized agents of the State Board of Elections 23 shall be permitted to observe this process at all times. No 24 persons except those employed and authorized for the purpose 25 shall touch any ballot, ballot box, return, or equipment. 26 The computer operator shall be designated by the election 27 authority and shall be sworn as a deputy of the election 28 authority. In conducting the vote tabulation and canvass, the 29 computer operator must maintain a log which shall include the 30 following information: 31 (1) alterations made to programs associated with 32 the vote counting process; 33 (2) if applicable, console messages relating to the -60- LRB9103030MWgcam06 1 program and the respective responses made by the 2 operator; 3 (3) the starting time for each precinct counted, 4 the number of ballots counted for each precinct, any 5 equipment problems and, insofar as practicable, the 6 number of invalid security designations encountered 7 during that count; and 8 (4) changes and repairs made to the equipment 9 during the vote tabulation and canvass. 10 The computer operator's log and canvass shall be 11 available for public inspection in the office of the election 12 authority for a period of 60 days following the proclamation 13 of election results. A copy of the computer operator's log 14 and the canvass shall be transmitted to the State Board of 15 Elections upon its request and at its expense. 16 (10 ILCS 5/24C-15 new) 17 Sec. 24C-15. Official return of precinct; check of 18 totals; audit. The precinct return printed by the Direct 19 Recording Electronic Voting System tabulating equipment shall 20 include the number of ballots cast, ballots cast by each 21 political party for a primary election, and votes cast for 22 each candidate and public question and shall constitute the 23 official return of each precinct. In addition to the 24 precinct return, the election authority shall provide the 25 number of applications for ballots in each precinct, the 26 total number of ballots counted in each precinct for each 27 political subdivision and district, and the number of 28 registered voters in each precinct. The election authority 29 shall check the totals shown by the precinct return and, if 30 there is an obvious discrepancy regarding the total number of 31 votes cast in any precinct, shall have the ballots for that 32 precinct audited to correct the return. The procedures for 33 this audit shall apply prior to and after the proclamation is -61- LRB9103030MWgcam06 1 completed; however, after the proclamation of results, the 2 election authority must obtain a court order to unseal voted 3 ballots except for election contests and discovery recounts. 4 The certificate of results, that has been prepared and signed 5 by the judges of election in the polling place and at the 6 election authority's office after the ballots have been 7 tabulated, shall be the document used for the canvass of 8 votes for the precinct. Whenever a discrepancy exists during 9 the canvass of votes between the unofficial results and the 10 certificate of results, or whenever a discrepancy exists 11 during the canvass of votes between the certificate of 12 results and the set of totals reflected on the certificate of 13 results, the ballots for that precinct shall be audited to 14 correct the return. 15 Prior to the proclamation, the election authority shall 16 test the voting devices and equipment in 5% of the precincts 17 within the election jurisdiction. The precincts to be tested 18 shall be selected after election day on a random basis by the 19 State Board of Elections, so that every precinct in the 20 election jurisdiction has an equal mathematical chance of 21 being selected. 22 The test shall be conducted by entering a preaudited 23 group of ballots marked to record a predetermined number of 24 valid votes for each candidate and on each public question, 25 and shall include for each office one or more ballots that 26 have votes in excess of the number allowed by law to test the 27 ability of the equipment to reject those votes. If any error 28 is detected, the cause shall be determined and corrected, and 29 an errorless count shall be made prior to the official 30 canvass and proclamation of election results. 31 The State Board of Elections, the State's Attorney and 32 other appropriate law enforcement agencies, the chairman of 33 the county central committee of each established political 34 party, and qualified civic organizations shall be given prior -62- LRB9103030MWgcam06 1 written notice of the time and place of the test and may be 2 represented at the test. 3 The results of this re-tabulation shall be treated in the 4 same manner and have the same effect as the results of the 5 discovery procedures set forth in Section 22-9.1 of this 6 Code. Upon completion of the test, the election authority 7 shall print a report showing the results of the test and any 8 errors encountered and the report shall be made available for 9 public inspection. 10 (10 ILCS 5/24C-15.01 new) 11 Sec. 24C-15.01. Transporting ballots to central counting 12 station; container. Upon completion of the tabulation, 13 audit, or test of voting equipment, if the election authority 14 so instructs, pursuant to Sections 24C-11 through 24C-15, the 15 voting equipment and ballots from each precinct shall be 16 replaced in the container in which they were transported to 17 the central counting station. If the container is not a type 18 that may be securely locked, then each container, before 19 being transferred from the counting station to storage, shall 20 be sealed with filament tape wrapped around the container 21 lengthwise and crosswise, at least twice each way, and in a 22 manner that the equipment and ballots cannot be removed from 23 the container without breaking the tape. 24 (10 ILCS 5/24C-15.1 new) 25 Sec. 24B-15.1. Discovery recounts and election contests. 26 Discovery recounts and election contests shall be conducted 27 as otherwise provided for in this Code. The Direct Recording 28 Electronic Voting System equipment shall be tested prior to 29 the discovery recount or election contest as provided in 30 Section 24C-9 and then the official ballots shall be audited. 31 The log of the computer operator and all materials 32 retained by the election authority in relation to vote -63- LRB9103030MWgcam06 1 tabulation and canvass shall be made available for any 2 discovery recount or election contest. 3 (10 ILCS 5/24C-16 new) 4 Sec. 24C-16. Approval of Direct Recording Electronic 5 Voting Systems; requisites. The State Board of Elections 6 shall approve all Direct Recording Electronic Voting Systems 7 provided by this Article. 8 No Direct Recording Electronic Voting System shall be 9 approved unless it fulfills the following requirements: 10 (1) It enables a voter to vote in absolute secrecy, 11 except in the case of voters who receive assistance as 12 provided in this Code. 13 (2) It enables each voter to vote at an election 14 for all persons and offices for whom and for which the 15 voter is lawfully entitled to vote, to vote for as many 16 persons for an office as the voter is entitled to vote 17 for, and to vote for or against any public question upon 18 which the voter is entitled to vote, but no other. 19 (3) It will detect and reject all votes for an 20 office or upon a public question when the voter has cast 21 more votes for the office or upon the public question 22 than he or she is entitled to cast; provided, however, 23 that it will inform a voter that the voter's choices as 24 recorded on the ballot for an office or public question 25 exceeds the number that the voter is entitled to vote for 26 on that office or public question and will offer the 27 voter an opportunity to correct the error before 28 rejecting the choices recorded on the voter's ballot. 29 (4) It will enable each voter in primary elections 30 to vote only for the candidates of the political party 31 with which he or she had declared affiliation and 32 preclude the voter from voting for any candidate of any 33 other political party. -64- LRB9103030MWgcam06 1 (5) It enables a voter to vote a split ticket 2 selected in part from the nominees of one party, in part 3 from the nominees of any or all parties, in part from 4 independent candidates, and in part of candidates whose 5 names are written in by the voter. 6 (6) It enables a voter, at a Presidential election, 7 by a single selection to vote for the candidates of a 8 political party for Presidential electors. 9 (7) It will prevent anyone voting for the same 10 person more than once for the same office. 11 (8) It will record and count accurately each vote 12 properly cast for or against any candidate and for or 13 against any public question, including the names of all 14 candidates whose names are written in by the voters. 15 (9) It will be capable of merging the vote 16 tabulation results produced by other vote tabulation 17 systems, if necessary. 18 (10) It will provide a means for sealing and 19 resealing the vote recording devices to prevent their 20 unauthorized use and to prevent tampering with ballot 21 labels. 22 (11) It will be suitably designed for the purpose 23 used, be durably constructed, and be designed for safety, 24 accuracy, and efficiency. 25 (12) It will be designed to accommodate the needs 26 of elderly, handicapped, and disabled voters. 27 (13) It will enable a voter to vote for a person 28 whose name does not appear on the ballot. 29 (14) It will be designed to ensure that vote 30 recording devices or electronic tabulating equipment that 31 count votes at the precinct will not be capable of 32 reporting vote totals before the close of the polls. 33 (15) It will provide an audit trail. 34 The State Board of Elections is authorized to withdraw -65- LRB9103030MWgcam06 1 its approval of a Direct Recording Electronic Voting System 2 if the system fails to fulfill the above requirements. 3 No vendor, person, or other entity may sell, lease, or 4 loan a Direct Recording Electronic Voting System or system 5 component to any election jurisdiction unless the system or 6 system component is first approved by the State Board of 7 Elections pursuant to this Section. The State Board of 8 Elections shall not accept for testing or approval of any 9 system or system component that has not first been evaluated 10 by an independent testing laboratory or laboratories for 11 performance and reliability using the standards that may from 12 time to time be promulgated by the United States Federal 13 Election Commission. When the functional requirements of 14 this Section are in conflict with the standards promulgated 15 by the Federal Election Commission, the standards of the 16 Federal Election Commission shall govern. 17 (10 ILCS 5/24C-17 new) 18 Sec. 24C-17. Rules; number of voting booths. The State 19 Board of Elections may make reasonable rules for the 20 administration of this Article and may prescribe the number 21 of voting booths required for the various types of voting 22 systems. 23 (10 ILCS 5/24C-18 new) 24 Sec. 24C-18. Specimen ballots; publication. When a 25 Direct Recording Electronic Voting System is used, the 26 election authority shall cause to be published, at least 5 27 days before the day of each general and general primary 28 election, in 2 or more newspapers published in and having a 29 general circulation in the county, a true and legible copy of 30 the specimen ballot containing the names of offices, 31 candidates, and public questions to be voted on, as near as 32 may be, in the form in which they will appear on the official -66- LRB9103030MWgcam06 1 ballot on election day. A true legible copy may be in the 2 form of an actual size ballot and shall be published as 3 required by this Section if distributed in 2 or more 4 newspapers published and having a general circulation in the 5 county as an insert. For each election prescribed in Article 6 2A of this Code, specimen ballots shall be made available for 7 public distribution and shall be supplied to the judges of 8 election for posting in the polling place on the day of 9 election. Notice for the consolidated primary and 10 consolidated elections shall be given as provided in Article 11 12. 12 (10 ILCS 5/24C-19 new) 13 Sec. 24C-19. Additional method of voting. This Article 14 shall be deemed to provide a method of voting in addition to 15 the methods otherwise provided in this Code. 16 (10 ILCS 5/24C-20 new) 17 Sec. 24C-20. Application. This amendatory Act of the 18 91st General Assembly applies (i) only to elections conducted 19 on or after January 1, 2001 and (ii) only to election 20 jurisdictions in counties with a population of less than 21 3,000,000 and excluding election commissions created under 22 Article 6 of this Code.".