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92_HB1800 LRB9206300MWpc 1 AN ACT concerning elections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Election Code is amended by changing 5 Sections 7-15, 12-1, 17-9, 18-5, 24A-10, 24A-15.1, 24B-10, 6 and 24B-15.1 and by adding Article 19A as follows: 7 (10 ILCS 5/7-15) (from Ch. 46, par. 7-15) 8 Sec. 7-15. At least 60 days prior to each general and 9 consolidated primary, the election authority shall provide 10 public notice, calculated to reach elderly and handicapped 11 voters, of the availability of registration and voting aids 12 under the Federal Voting Accessibility for the Elderly and 13 Handicapped Act, of the availability of assistance in marking 14 the ballot,andprocedures for voting by absentee ballot, and 15 procedures for early voting by personal appearance. At least 16 20 days before the general primary the county clerk of each 17 county, and not more than 30 nor less than 10 days before the 18 consolidated primary the election authority, shall prepare in 19 the manner provided in this Act, a notice of such primary 20 which notice shall state the time and place of holding the 21 primary, the hours during which the polls will be open, the 22 offices for which candidates will be nominated at such 23 primary and the political parties entitled to participate 24 therein, notwithstanding that no candidate of any such 25 political party may be entitled to have his name printed on 26 the primary ballot. Such notice shall also include the list 27 of addresses of precinct polling places for the consolidated 28 primary unless such list is separately published by the 29 election authority not less than 10 days before the 30 consolidated primary. 31 In counties, municipalities, or towns having fewer than -2- LRB9206300MWpc 1 500,000 inhabitants notice of the general primary shall be 2 published once in two or more newspapers published in the 3 county, municipality or town, as the case may be, or if there 4 is no such newspaper, then in any two or more newspapers 5 published in the county and having a general circulation 6 throughout the community. 7 In counties, municipalities, or towns having 500,000 or 8 more inhabitants notice of the general primary shall be 9 published at least 15 days prior to the primary by the same 10 authorities and in the same manner as notice of election for 11 general elections are required to be published in counties, 12 municipalities or towns of 500,000 or more inhabitants under 13 this Act. 14 Notice of the consolidated primary shall be published 15 once in one or more newspapers published in each political 16 subdivision having such primary, and if there is no such 17 newspaper, then published once in a local, community 18 newspaper having general circulation in the subdivision, and 19 also once in a newspaper published in the county wherein the 20 political subdivisions, or portions thereof, having such 21 primary are situated. 22 (Source: P.A. 84-808.) 23 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1) 24 Sec. 12-1. At least 60 days prior to each general and 25 consolidated election, the election authority shall provide 26 public notice, calculated to reach elderly and handicapped 27 voters, of the availability of registration and voting aids 28 under the Federal Voting Accessibility for the Elderly and 29 Handicapped Act, of the availability of assistance in marking 30 the ballot,andprocedures for voting by absentee ballot, and 31 procedures for voting early by personal appearance. 32 At least 30 days before any general election, and at 33 least 20 days before any special congressional election, the -3- LRB9206300MWpc 1 county clerk shall publish a notice of the election in 2 or 2 more newspapers published in the county, city, village, 3 incorporated town or town, as the case may be, or if there is 4 no such newspaper, then in any 2 or more newspapers published 5 in the county and having a general circulation throughout the 6 community. The notice may be substantially as follows: 7 Notice is hereby given that on (give date), at (give the 8 place of holding the election and the name of the precinct or 9 district) in the county of (name county), an election will be 10 held for (give the title of the several offices to be 11 filled), which election will be open at 6:00 a.m. and 12 continued open until 7:00 p.m. of that day. 13 Dated at .... on (insert date). 14 (Source: P.A. 90-358, eff. 1-1-98; 91-357, eff. 7-29-99.) 15 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) 16 Sec. 17-9. Any person desiring to vote shall give his 17 name and, if required to do so, his residence to the judges 18 of election, one of whom shall thereupon announce the same in 19 a loud and distinct tone of voice, clear, and audible; the 20 judges of elections shall check each application for ballot 21 against the list of voters registered in that precinct to 22 whom absentee or early ballots have been issued for that 23 election, which shall be provided by the election authority 24 and which list shall be available for inspection by 25 pollwatchers. A voter applying to vote in the precinct on 26 election day whose name appears on the list as having been 27 issued an absentee or early ballot shall not be permitted to 28 vote in the precinct unless that voter submits to the judges 29 of election, for cancellation or revocation, his absentee or 30 early ballot. In the case that the voter's absentee or early 31 ballot is not present in the polling place, it shall be 32 sufficient for any such voter to submit to the judges of 33 election in lieu of his absentee or early ballot, either a -4- LRB9206300MWpc 1 portion of such ballot if torn or mutilated, an affidavit 2 executed before the judges of election specifying that the 3 voter never received an absentee or early ballot, or an 4 affidavit executed before the judges of election specifying 5 that the voter desires to cancel or revoke any absentee or 6 early ballot that may have been cast in the voter's name. All 7 applicable provisions of Articles 4, 5 or 6 shall be complied 8 with and if such name is found on the register of voters by 9 the officer having charge thereof, he shall likewise repeat 10 said name, and the voter shall be allowed to enter within the 11 proximity of the voting booths, as above provided. One of 12 the judges shall give the voter one, and only one of each 13 ballot to be voted at the election, on the back of which 14 ballots such judge shall indorse his initials in such manner 15 that they may be seen when each such ballot is properly 16 folded, and the voter's name shall be immediately checked on 17 the register list. In those election jurisdictions where 18 perforated ballot cards are utilized of the type on which 19 write-in votes can be cast above the perforation, the 20 election authority shall provide a space both above and below 21 the perforation for the judge's initials, and the judge shall 22 endorse his or her initials in both spaces. Whenever a 23 proposal for a constitutional amendment or for the calling of 24 a constitutional convention is to be voted upon at the 25 election, the separate blue ballot or ballots pertaining 26 thereto shall, when being handed to the voter, be placed on 27 top of the other ballots to be voted at the election in such 28 manner that the legend appearing on the back thereof, as 29 prescribed in Section 16-6 of this Act, shall be plainly 30 visible to the voter. At all elections, when a registry may 31 be required, if the name of any person so desiring to vote at 32 such election is not found on the register of voters, he or 33 she shall not receive a ballot until he or she shall have 34 complied with the law prescribing the manner and conditions -5- LRB9206300MWpc 1 of voting by unregistered voters. If any person desiring to 2 vote at any election shall be challenged, he or she shall not 3 receive a ballot until he or she shall have established his 4 right to vote in the manner provided hereinafter; and if he 5 or she shall be challenged after he has received his ballot, 6 he shall not be permitted to vote until he or she has fully 7 complied with such requirements of the law upon being 8 challenged. Besides the election officer, not more than 2 9 voters in excess of the whole number of voting booths 10 provided shall be allowed within the proximity of the voting 11 booths at one time. The provisions of this Act, so far as 12 they require the registration of voters as a condition to 13 their being allowed to vote shall not apply to persons 14 otherwise entitled to vote, who are, at the time of the 15 election, or at any time within 60 days prior to such 16 election have been engaged in the military or naval service 17 of the United States, and who appear personally at the 18 polling place on election day and produce to the judges of 19 election satisfactory evidence thereof, but such persons, if 20 otherwise qualified to vote, shall be permitted to vote at 21 such election without previous registration. 22 All such persons shall also make an affidavit which shall 23 be in substantially the following form: 24 State of Illinois,) 25 ) ss. 26 County of ........) 27 ............... Precinct .......... Ward 28 I, ...., do solemnly swear (or affirm) that I am a 29 citizen of the United States, of the age of 18 years or over, 30 and that within the past 60 days prior to the date of this 31 election at which I am applying to vote, I have been engaged 32 in the .... (military or naval) service of the United States; 33 and I am qualified to vote under and by virtue of the 34 Constitution and laws of the State of Illinois, and that I am -6- LRB9206300MWpc 1 a legally qualified voter of this precinct and ward except 2 that I have, because of such service, been unable to register 3 as a voter; that I now reside at .... (insert street and 4 number, if any) in this precinct and ward; that I have 5 maintained a legal residence in this precinct and ward for 30 6 days and in this State 30 days next preceding this election. 7 ......................... 8 Subscribed and sworn to before me on (insert date). 9 ......................... 10 Judge of Election. 11 The affidavit of any such person shall be supported by 12 the affidavit of a resident and qualified voter of any such 13 precinct and ward, which affidavit shall be in substantially 14 the following form: 15 State of Illinois,) 16 ) ss. 17 County of ........) 18 ........... Precinct ........... Ward 19 I, ...., do solemnly swear (or affirm), that I am a 20 resident of this precinct and ward and entitled to vote at 21 this election; that I am acquainted with .... (name of the 22 applicant); that I verily believe him to be an actual bona 23 fide resident of this precinct and ward and that I verily 24 believe that he or she has maintained a legal residence 25 therein 30 days and in this State 30 days next preceding this 26 election. 27 ......................... 28 Subscribed and sworn to before me on (insert date). 29 ......................... 30 Judge of Election. 31 All affidavits made under the provisions of this Section 32 shall be enclosed in a separate envelope securely sealed, and 33 shall be transmitted with the returns of the elections to the -7- LRB9206300MWpc 1 county clerk or to the board of election commissioners, who 2 shall preserve the said affidavits for the period of 6 3 months, during which period such affidavits shall be deemed 4 public records and shall be freely open to examination as 5 such. 6 (Source: P.A. 91-357, eff. 7-29-99.) 7 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) 8 Sec. 18-5. Any person desiring to vote and whose name is 9 found upon the register of voters by the person having charge 10 thereof, shall then be questioned by one of the judges as to 11 his nativity, his term of residence at present address, 12 precinct, State and United States, his age, whether 13 naturalized and if so the date of naturalization papers and 14 court from which secured, and he shall be asked to state his 15 residence when last previously registered and the date of the 16 election for which he then registered. The judges of 17 elections shall check each application for ballot against the 18 list of voters registered in that precinct to whom absentee 19 and early ballots have been issued for that election, which 20 shall be provided by the election authority and which list 21 shall be available for inspection by pollwatchers. A voter 22 applying to vote in the precinct on election day whose name 23 appears on the list as having been issued an absentee or 24 early ballot shall not be permitted to vote in the precinct 25 unless that voter submits to the judges of election, for 26 cancellation or revocation, his absentee or early ballot. In 27 the case that the voter's absentee or early ballot is not 28 present in the polling place, it shall be sufficient for any 29 such voter to submit to the judges of election in lieu of his 30 absentee or early ballot, either a portion of such ballot if 31 torn or mutilated, an affidavit executed before the judges of 32 election specifying that the voter never received an absentee 33 or early ballot, or an affidavit executed before the judges -8- LRB9206300MWpc 1 of election specifying that the voter desires to cancel or 2 revoke any absentee or early ballot that may have been cast 3 in the voter's name. If such person so registered shall be 4 challenged as disqualified, the party challenging shall 5 assign his reasons therefor, and thereupon one of the judges 6 shall administer to him an oath to answer questions, and if 7 he shall take the oath he shall then be questioned by the 8 judge or judges touching such cause of challenge, and 9 touching any other cause of disqualification. And he may also 10 be questioned by the person challenging him in regard to his 11 qualifications and identity. But if a majority of the judges 12 are of the opinion that he is the person so registered and a 13 qualified voter, his vote shall then be received accordingly. 14 But if his vote be rejected by such judges, such person may 15 afterward produce and deliver an affidavit to such judges, 16 subscribed and sworn to by him before one of the judges, in 17 which it shall be stated how long he has resided in such 18 precinct, and state; that he is a citizen of the United 19 States, and is a duly qualified voter in such precinct, and 20 that he is the identical person so registered. In addition to 21 such an affidavit, the person so challenged shall provide to 22 the judges of election proof of residence by producing 2 23 forms of identification showing the person's current 24 residence address, provided that such identification to the 25 person at his current residence address and postmarked not 26 earlier than 30 days prior to the date of the election, or 27 the person shall procure a witness personally known to the 28 judges of election, and resident in the precinct (or 29 district), or who shall be proved by some legal voter of such 30 precinct or district, known to the judges to be such, who 31 shall take the oath following, viz: 32 I do solemnly swear (or affirm) that I am a resident of 33 this election precinct (or district), and entitled to vote at 34 this election, and that I have been a resident of this State -9- LRB9206300MWpc 1 for 30 days last past, and am well acquainted with the person 2 whose vote is now offered; that he is an actual and bona fide 3 resident of this election precinct (or district), and has 4 resided herein 30 days, and as I verily believe, in this 5 State, 30 days next preceding this election. 6 The oath in each case may be administered by one of the 7 judges of election, or by any officer, resident in the 8 precinct or district, authorized by law to administer oaths. 9 Also supported by an affidavit by a registered voter residing 10 in such precinct, stating his own residence, and that he 11 knows such person; and that he does reside at the place 12 mentioned and has resided in such precinct and state for the 13 length of time as stated by such person, which shall be 14 subscribed and sworn to in the same way. Whereupon the vote 15 of such person shall be received, and entered as other votes. 16 But such judges, having charge of such registers, shall state 17 in their respective books the facts in such case, and the 18 affidavits, so delivered to the judges, shall be preserved 19 and returned to the office of the commissioners of election. 20 Blank affidavits of the character aforesaid shall be sent out 21 to the judges of all the precincts, and the judges of 22 election shall furnish the same on demand and administer the 23 oaths without criticism. Such oaths, if administered by any 24 other officer than such judge of election, shall not be 25 received. Whenever a proposal for a constitutional amendment 26 or for the calling of a constitutional convention is to be 27 voted upon at the election, the separate blue ballot or 28 ballots pertaining thereto shall be placed on top of the 29 other ballots to be voted at the election in such manner that 30 the legend appearing on the back thereof, as prescribed in 31 Section 16-6 of this Act, shall be plainly visible to the 32 voter, and in this fashion the ballots shall be handed to the 33 voter by the judge. 34 The voter shall, upon quitting the voting booth, deliver -10- LRB9206300MWpc 1 to one of the judges of election all of the ballots, properly 2 folded, which he received. The judge of election to whom the 3 voter delivers his ballots shall not accept the same unless 4 all of the ballots given to the voter are returned by him. If 5 a voter delivers less than all of the ballots given to him, 6 the judge to whom the same are offered shall advise him in a 7 voice clearly audible to the other judges of election that 8 the voter must return the remainder of the ballots. The 9 statement of the judge to the voter shall clearly express the 10 fact that the voter is not required to vote such remaining 11 ballots but that whether or not he votes them he must fold 12 and deliver them to the judge. In making such statement the 13 judge of election shall not indicate by word, gesture or 14 intonation of voice that the unreturned ballots shall be 15 voted in any particular manner. No new voter shall be 16 permitted to enter the voting booth of a voter who has failed 17 to deliver the total number of ballots received by him until 18 such voter has returned to the voting booth pursuant to the 19 judge's request and again quit the booth with all of the 20 ballots required to be returned by him. Upon receipt of all 21 such ballots the judges of election shall enter the name of 22 the voter, and his number, as above provided in this section, 23 and the judge to whom the ballots are delivered shall 24 immediately put the ballots into the ballot box. If any voter 25 who has failed to deliver all the ballots received by him 26 refuses to return to the voting booth after being advised by 27 the judge of election as herein provided, the judge shall 28 inform the other judges of such refusal, and thereupon the 29 ballot or ballots returned to the judge shall be deposited in 30 the ballot box, the voter shall be permitted to depart from 31 the polling place, and a new voter shall be permitted to 32 enter the voting booth. 33 The judge of election who receives the ballot or ballots 34 from the voter shall announce the residence and name of such -11- LRB9206300MWpc 1 voter in a loud voice. The judge shall put the ballot or 2 ballots received from the voter into the ballot box in the 3 presence of the voter and the judges of election, and in 4 plain view of the public. The judges having charge of such 5 registers shall then, in a column prepared thereon, in the 6 same line of, the name of the voter, mark "Voted" or the 7 letter "V". 8 No judge of election shall accept from any voter less 9 than the full number of ballots received by such voter 10 without first advising the voter in the manner above provided 11 of the necessity of returning all of the ballots, nor shall 12 any such judge advise such voter in a manner contrary to that 13 which is herein permitted, or in any other manner violate the 14 provisions of this section; provided, that the acceptance by 15 a judge of election of less than the full number of ballots 16 delivered to a voter who refuses to return to the voting 17 booth after being properly advised by such judge shall not be 18 a violation of this Section. 19 (Source: P.A. 89-653, eff. 8-14-96.) 20 (10 ILCS 5/Art. 19A heading new) 21 ARTICLE 19A. EARLY VOTING BY PERSONAL APPEARANCE 22 (10 ILCS 5/19A-5 new) 23 Sec. 19A-5. Issuance of ballots; voting booth. 24 (a) If a request is made to vote early by a registered 25 voter in person, the election authority shall issue a ballot 26 for early voting to the voter. The ballot must be voted on 27 the premises of the election authority and returned to the 28 election authority. 29 (b) On the dates for early voting prescribed in Section 30 19A-15, each election authority shall provide a voting booth, 31 with suitable equipment for voting, on the premises of the 32 election authority for use by registered voters who are -12- LRB9206300MWpc 1 issued ballots for early voting in accordance with this 2 Section. 3 (c) The election authority must maintain a list for each 4 election of the voters to whom it has issued early ballots. 5 The list must be maintained for each precinct within the 6 election authority's jurisdiction. Before the opening of the 7 polls on election day, the election authority shall deliver 8 to the judges of election in each precinct the list of 9 registered voters to whom early ballots have been issued. 10 (10 ILCS 5/19A-10 new) 11 Sec. 19A-10. Permanent polling places for early voting. 12 (a) An election authority may establish permanent 13 polling places for early voting by personal appearance at 14 locations throughout the election authority's jurisdiction. 15 Except as otherwise provided in subsection (b), any person 16 entitled to vote early by personal appearance may do so at 17 any polling place for early voting. 18 (b) If it is impractical for the election authority to 19 provide at each polling place for early voting a ballot in 20 every form required in the election authority's jurisdiction, 21 the election authority may: 22 (1) provide appropriate forms of ballots to the 23 office of the municipal clerk in a municipality not 24 having a board of election commissioners; the township 25 clerk; or in counties not under township organization, 26 the road district clerk; and 27 (2) limit voting at that polling place to 28 registered voters in that municipality, township, or road 29 district. 30 (10 ILCS 5/19A-15 new) 31 Sec. 19A-15. Period for early voting; hours. 32 (a) The period for early voting by personal appearance -13- LRB9206300MWpc 1 begins the third Saturday preceding a general primary, 2 consolidated primary, consolidated, or general election and 3 extends through the Friday before election day, Sundays and 4 holidays excepted. 5 (b) The election authority may include any Sunday or 6 holiday that falls within the period for early voting. 7 (c) A permanent polling place for early voting must 8 remain open during the hours of 8:30 a.m. to 4:30 p.m., or 9 9:00 a.m. to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 10 p.m. on Saturdays. If the election authority includes a 11 Sunday or holiday that falls within the period for early 12 voting, the permanent polling place must remain open during 13 the hours that the election authority and municipal clerk, 14 township clerk, or road district clerk establish. 15 (10 ILCS 5/19A-20 new) 16 Sec. 19A-20. Temporary branch polling places. 17 (a) In addition to permanent polling places for early 18 voting, the election authority may establish temporary branch 19 polling places for early voting. 20 (b) The provisions of subsection (c) of Section 19A-15 21 do not apply to a temporary polling place. Voting at a 22 temporary branch polling place may be conducted on any one or 23 more days and during any hours within the period for early 24 voting by personal appearance that are determined by the 25 election authority. 26 (c) The schedules for conducting voting do not need to 27 be uniform among the temporary branch polling places. 28 (d) The legal rights and remedies which inure to the 29 owner or lessor of private property are not impaired or 30 otherwise affected by the leasing of the property for use as 31 a temporary branch polling place for early voting, except to 32 the extent necessary to conduct early voting at that 33 location. -14- LRB9206300MWpc 1 (10 ILCS 5/19A-25 new) 2 Sec. 19A-25. Schedule of locations and times for early 3 voting. 4 (a) The election authority shall publish during the 5 week before the period for early voting and at least once 6 each week during the period for early voting in a newspaper 7 of general circulation in the election authority's 8 jurisdiction a schedule stating: 9 (1) the location of each permanent and temporary 10 polling place for early voting and the precincts served 11 by each location; and 12 (2) the dates and hours that early voting will be 13 conducted at each location. 14 (b) The election authority shall post a copy of the 15 schedule at the office of the municipal clerk, the township 16 clerk, or road district clerk. The schedule must be posted 17 continuously for a period beginning not later than the 5th 18 day before the first day of the period for early voting by 19 personal appearance and ending on the last day of that 20 period. 21 (c) The election authority must make copies of the 22 schedule available to the public in reasonable quantities 23 without charge during the period of posting. 24 (d) No additional polling places for early voting may be 25 established after the schedule is published under this 26 Section. 27 (10 ILCS 5/19A-25 new) 28 Sec. 19A-25. Voting machines, automatic tabulating 29 equipment, and precinct tabulation optical scan technology 30 voting equipment. 31 (a) In all jurisdictions in which voting machines are 32 used, the provisions of this Code that are not inconsistent 33 with this Article relating to the furnishing of ballot boxes, -15- LRB9206300MWpc 1 printing and furnishing ballots and supplies, the canvassing 2 of ballots, and the making of returns, apply with full force 3 and effect to the extent necessary to make this Article 4 effective, provided that the number of ballots to be printed 5 shall be in the discretion of the election authority. 6 (b) If the election authority has adopted the use of 7 automatic tabulating equipment under Article 24A of this 8 Code, and the provisions of that Article are in conflict with 9 the provisions of this Article 19A, the provisions of Article 10 24A shall govern the procedures followed by the election 11 authority, its judges of election, and all employees and 12 agents. 13 (c) If the election authority has adopted the use of 14 precinct tabulation optical scan technology voting equipment 15 under Article 24B of this Code, and the provisions of that 16 Article are in conflict with the provisions of this Article 17 19A, the provisions of Article 24B shall govern the 18 procedures followed by the election authority, its judges of 19 election, and all employees and agents. 20 (10 ILCS 5/19A-30 new) 21 Sec. 19A-30. Appointment of election officials. 22 (a) The election authority must appoint an employee to 23 serve as the election official in charge of each polling 24 place for early voting. 25 (b) The election authority may also appoint as many 26 addition election officials as it deems necessary for the 27 proper conduct of the election. 28 (10 ILCS 5/19A-35 new) 29 Sec. 19A-35. Procedure for voting. 30 (a) Not more than 23 days before the start of early 31 voting, the county clerk shall make available to the election 32 authority conducting early voting by personal appearance a -16- LRB9206300MWpc 1 sufficient number of early ballots, envelopes, and printed 2 voting instruction slips for the use of early voters. The 3 election authority shall receipt for all ballots received and 4 shall return unused or spoiled ballots at the close of the 5 early voting period to the county clerk and must strictly 6 account for all ballots received. The ballots delivered to 7 the election authority must include early ballots for each 8 precinct in the election authority's jurisdiction and must 9 include separate ballots for each political subdivision 10 conducting an election of officers or a referendum at that 11 election. 12 (b) In conducting early voting under this Article, the 13 election official is not required to verify the signature of 14 the early voter by comparison with the signature on the 15 official registration card, however, the official must verify 16 (i) the identity of the applicant, (ii) that the applicant is 17 a registered voter, (iii) the precinct in which the applicant 18 is registered, and (iv) the proper ballots of the political 19 subdivision in which the applicant resides and is entitled to 20 vote before providing an early ballot to the applicant. The 21 election official must verify the applicant's registration 22 from the most recent poll list provided by the election 23 authority, and if the applicant is not listed on that poll 24 list, by telephoning the office of the election authority. 25 (c) The sealed early ballots in their carrier envelope 26 shall be delivered by the election officials to the proper 27 polling place before the close of the polls on the day of the 28 election. 29 (10 ILCS 5/19A-40 new) 30 Sec. 19A-40. Enclosure of ballots in envelope. 31 It is be the duty of the election authority to fold the 32 ballot or ballots in the manner specified by the statute for 33 folding ballots prior to their deposit in the ballot box, and -17- LRB9206300MWpc 1 to enclose the ballot or ballots in an envelope unsealed to 2 be furnished by him, which envelope shall bear upon the face 3 thereof the name, official title, and post office address of 4 the election authority, and upon the other side a printed 5 certification in substantially the following form: 6 I state that I am a resident of the .... precinct of the 7 (1) *township of .... (2) *City of .... or (3) *.... ward in 8 the city of .... residing at .... in that city or town in the 9 county of .... and State of Illinois, that I have lived at 10 that address for .... months last past; that I am lawfully 11 entitled to vote in that precinct at the .... election to be 12 held on .... . 13 *fill in either (1), (2) or (3). 14 I further state that I personally marked the enclosed 15 ballot in secret. 16 Under penalties of perjury as provided by law pursuant to 17 Section 29-10 of the Election Code, the undersigned certifies 18 that the statements set forth in this certification are true 19 and correct. 20 ....................... 21 If the ballot enclosed is to be voted at a primary 22 election, the certification shall designate the name of the 23 political party with which the voter is affiliated. 24 In addition to the above, the election authority shall 25 provide printed slips giving full instructions regarding the 26 manner of marking and returning the ballot in order that the 27 same may be counted, and shall furnish one of the printed 28 slips to each of such applicants at the same time the ballot 29 is delivered to him or her. The instructions shall include 30 the following statement: "In signing the certification on the 31 early ballot envelope, you are attesting that you personally 32 marked this early ballot in secret. If your are physically 33 unable to mark the ballot, a friend or relative may assist 34 you. Federal and State laws prohibit your employer, your -18- LRB9206300MWpc 1 employer's agent, or an officer or agent of your union form 2 assisting physically disabled voters." 3 In addition to the above, if a ballot to be provided to a 4 voter pursuant to this Section contains a public question 5 described in subsection (b) of Section 28-6 and the territory 6 concerning which the question is to be submitted is not 7 described on the ballot due to the space limitations of the 8 ballot, the election authority shall provide a printed copy 9 of a notice of the public question, which shall include a 10 description of the territory in the manner required by 11 Section 16-7. The notice shall be furnished to the voter at 12 the same time the ballot is delivered to the voter. 13 (10 ILCS 5/19A-45 new) 14 Sec. 19A-45. Certification. The voter shall make and 15 subscribe the certification provided for on the return 16 envelope of the ballot, and the ballot or ballots shall be 17 folded by the voter in the manner required to be folded 18 before depositing the ballot in the ballot box, and shall be 19 deposited in the envelope and the envelope securely sealed. 20 The voter shall then endorse his or her certificate on the 21 back of the envelope and the envelope shall be returned to 22 the election official conducting the early voting. 23 (10 ILCS 5/19A-50 new) 24 Sec. 19A-50. Receipt of ballots. Upon receipt of the 25 voter's ballot, the election official shall enclose the 26 unopened ballot in a large or carrier envelope that shall be 27 securely sealed and endorsed with the name and official title 28 of the election official and the words, "This envelope 29 contains a ballot and must be opened on election day", 30 together with the number and description of the precinct in 31 which the ballot is to be voted, and the election authority 32 shall safely keep the envelope in its office until delivered -19- LRB9206300MWpc 1 to the judges of election as provided in Section 19A-35. 2 (10 ILCS 5/19A-55 new) 3 Sec. 19A-55. Casting the ballots. 4 At the close of the regular balloting and at the close of 5 the polls the judges of election of each voting precinct 6 shall proceed to cast the early voter's ballot separately, 7 and as each early voter's ballot is taken shall open the 8 outer or carrier envelope, announce the early voter's name, 9 and compare the signature upon the official registration card 10 with the signature upon the certification on the ballot 11 envelope. In case the judges find the certification properly 12 executed, that the signatures correspond, that the applicant 13 is a duly qualified voter in the precinct, and the voter has 14 not been present and voted on the election day, they shall 15 open the envelope containing the early voter's ballot in a 16 manner that does not to deface or destroy the certification 17 thereon, or mark or tear the ballots therein and take out the 18 ballot or ballots therein contained without unfolding or 19 permitting the same to be unfolded or examined, and having 20 endorsed the ballot in like manner as other ballots are 21 required to be endorsed, shall deposit the same in the proper 22 ballot box or boxes and enter the early voter's name in the 23 poll book the same as if he or she had voted on election day. 24 The judges shall place the early ballot certification 25 envelopes in a separate envelope as per the direction of the 26 election authority. The envelope containing the early ballot 27 certification envelopes shall be returned to the election 28 authority and preserved in like manner as the official poll 29 record. 30 In case the signatures do not correspond, or that the 31 applicant is not a duly qualified voter in the precinct or 32 that the ballot envelope is open or has been opened and 33 resealed, or that the voter has voted on election day, the -20- LRB9206300MWpc 1 previously cast vote shall not be allowed, but without 2 opening the early voter's envelope the judge of the election 3 shall mark across the face thereof, "Rejected", giving the 4 reason therefor. 5 In case the ballot envelope contains more than one ballot 6 of any kind, the ballots shall not be counted, but shall be 7 marked "Rejected", giving the reason therefor. 8 The early voters' envelopes and affidavits and the early 9 voters' envelope with its contents unopened, when the early 10 vote is rejected, shall be retained and preserved in the 11 manner as now provided for the retention and preservation of 12 official ballots rejected at the election. 13 (10 ILCS 5/19A-60 new) 14 Sec. 19A-60. Pollwatchers. Pollwatchers may be 15 appointed to observe early voting by personal appearance at 16 each permanent and temporary polling place where early voting 17 is conducted. The pollwatchers shall qualify and be 18 appointed in the same manner as provided in Sections 7-34 and 19 17-23, except that each candidate, political party, or 20 organization of citizens may appoint only one pollwatcher for 21 each location where early voting by personal appearance is 22 conducted. Pollwatchers must be residents of the county and 23 possess valid pollwatcher credentials. 24 In the polling place on election day, pollwatchers are 25 permitted to be present during the casting of the early 26 ballots and the vote of an early voter may be challenged for 27 cause the same as if the voter were present and voted on 28 election day. The judges of election, or a majority of them, 29 have the power and authority to hear and determine the 30 legality of the early ballot, provided, however, that if a 31 challenge to any early voter's right to vote is sustained, 32 notice of the challenge must be given by the judges of 33 election by mail addressed to the voter's place of residence. -21- LRB9206300MWpc 1 (10 ILCS 5/19A-65 new) 2 Sec. 19A-65. Death of voter before opening of polls. 3 Whenever due proof is made to the judges of election that any 4 voter who has marked an early ballot as provided in this 5 Article has died before the opening of the polls on the date 6 of the election, the ballot of the deceased voter shall be 7 returned by the judges of election in the same manner 8 provided for rejected ballots; but the casting of the ballot 9 of a deceased voter shall not invalidate the election. 10 (10 ILCS 5/19A-70 new) 11 Sec. 19A-70. Advertising or campaigning in proximity of 12 polling place; penalty. During the period prescribed in 13 Section 19A-15 for early voting by personal appearance, no 14 advertising pertaining to any candidate or proposition to be 15 voted on may be displayed in or within 100 feet of any 16 polling place used by voters under this Article. No person 17 may engage in electioneering in or within 100 feet of any 18 polling place used by voters under this Article. 19 Any person who violates this Section may be punished for 20 contempt of court. 21 (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10) 22 Sec. 24A-10. (1) In an election jurisdiction which has 23 adopted an electronic voting system, the election official in 24 charge of the election shall select one of the 3 following 25 procedures for receiving, counting, tallying, and return of 26 the ballots: 27 (a) Two ballot boxes shall be provided for each polling 28 place. The first ballot box is for the depositing of votes 29 cast on the electronic voting system; and the second ballot 30 box is for all votes cast on paper ballots, including 31 absentee paper and early paper ballots and any other paper 32 ballots required to be voted other than on the electronic -22- LRB9206300MWpc 1 voting system. Ballots, except absentee and early ballots for 2 candidates and propositions which are listed on the 3 electronic voting system, deposited in the second ballot box 4 shall be counted, tallied, and returned as is elsewhere 5 provided in "The Election Code," as amended, for the counting 6 and handling of paper ballots. Immediately after the closing 7 of the polls the absentee and early ballots delivered to the 8 precinct judges of election by the election official in 9 charge of the election shall be examined to determine that 10 such ballots comply with Sections 19-9, 19A-55, and 20-9 of 11 "The Election Code," as amended, and are entitled to be 12 deposited in the ballot box provided therefor; those entitled 13 to be deposited in this ballot box shall be initialed by the 14 precinct judges of election and deposited therein. Those not 15 entitled to be deposited in this ballot box shall be marked 16 "Rejected" and disposed of as provided in Sections 19-9, 17 19A-55, and 20-9. The precinct judges of election shall then 18 open the second ballot box and examine all paper absentee and 19 early ballots which are in the ballot box to determine 20 whether the absentee and early ballots bear the initials of a 21 precinct judge of election. If any absentee or early ballot 22 is not so initialed, it shall be marked on the back 23 "Defective," initialed as to such label by all judges 24 immediately under such word "Defective," and not counted, but 25 placed in the envelope provided for that purpose labeled 26 "Defective Ballots Envelope." The judges of election, 27 consisting in each case of at least one judge of election of 28 each of the two major political parties, shall examine the 29 paper absentee and early ballots which were in such ballot 30 box and properly initialed so as to determine whether the 31 same contain write-in votes. Write-in votes, not causing an 32 overvote for an office otherwise voted for on the paper 33 absentee or early ballot, and otherwise properly voted, shall 34 be counted, tallied and recorded on the tally sheet provided -23- LRB9206300MWpc 1 for such record. A write-in vote causing an overvote for an 2 office shall not be counted for that office, but the precinct 3 judges shall mark such paper or early absentee ballot 4 "Objected To" on the back thereof and write on its back the 5 manner in which such ballot is counted and initial the same. 6 An overvote for one office shall invalidate only the vote or 7 count of that particular office. After counting, tallying and 8 recording the write-in votes on absentee and early ballots, 9 the judges of election, consisting in each case of at least 10 one judge of election of each of the two major political 11 parties, shall make a true duplicate ballot of the remaining 12 valid votes on each paper absentee or early ballot which was 13 in the ballot box and properly initialed, by using the 14 electronic voting system used in the precinct and one of the 15 marking devices of the precinct so as to transfer the 16 remaining valid votes of the voter on the paper absentee 17 ballot to an official ballot or a ballot card of that kind 18 used in the precinct at that election. The original paper 19 absentee or early ballot shall be clearly labeled "Absentee 20 Ballot" or "Early Ballot", as the case may be, and the ballot 21 card so produced "Duplicate Absentee Ballot," or "Duplicate 22 Early Ballot", as the case may be, and each shall bear the 23 same serial number which shall be placed thereon by the 24 judges of election, commencing with number 1 and continuing 25 consecutively for the ballots of that kind in that precinct. 26 The judges of election shall initial the "Duplicate Absentee 27 Ballot" and "Duplicate Early Ballot" ballots or ballot cards 28 and shall place them in the first ballot box provided for 29 return of the ballots to be counted at the central counting 30 location in lieu of the paper absentee and early ballots. The 31 paper absentee and early ballots shall be placed in an 32 envelope provided for that purpose labeled "Duplicate 33 Ballots." 34 As soon as the absentee and early ballots have been -24- LRB9206300MWpc 1 deposited in the first ballot box, the judges of election 2 shall make out a slip indicating the number of persons who 3 voted in the precinct at the election. Such slip shall be 4 signed by all the judges of election and shall be inserted by 5 them in the first ballot box. The judges of election shall 6 thereupon immediately lock the first ballot box; provided, 7 that if such box is not of a type which may be securely 8 locked, such box shall be sealed with filament tape provided 9 for such purpose which shall be wrapped around the box 10 lengthwise and crosswise, at least twice each way, and in 11 such manner that the seal completely covers the slot in the 12 ballot box, and each of the judges shall sign such seal. 13 Thereupon two of the judges of election, of different 14 political parties, shall forthwith and by the most direct 15 route transport both ballot boxes to the counting location 16 designated by the county clerk or board of election 17 commissioners. 18 Before the ballots of a precinct are fed to the 19 electronic tabulating equipment, the first ballot box shall 20 be opened at the central counting station by the two precinct 21 transport judges. Upon opening a ballot box, such team shall 22 first count the number of ballots in the box. If 2 or more 23 are folded together so as to appear to have been cast by the 24 same person, all of the ballots so folded together shall be 25 marked and returned with the other ballots in the same 26 condition, as near as may be, in which they were found when 27 first opened, but shall not be counted. If the remaining 28 ballots are found to exceed the number of persons voting in 29 the precinct as shown by the slip signed by the judges of 30 election, the ballots shall be replaced in the box, and the 31 box closed and well shaken and again opened and one of the 32 precinct transport judges shall publicly draw out so many 33 ballots unopened as are equal to such excess. 34 Such excess ballots shall be marked "Excess-Not Counted" -25- LRB9206300MWpc 1 and signed by the two precinct transport judges and shall be 2 placed in the "After 7:00 p.m. Defective Ballots Envelope". 3 The number of excess ballots shall be noted in the remarks 4 section of the Certificate of Results. "Excess" ballots shall 5 not be counted in the total of "defective" ballots. 6 The precinct transport judges shall then examine the 7 remaining ballots for write-in votes and shall count and 8 tabulate the write-in vote; or 9 (b) A single ballot box, for the deposit of all votes 10 cast, shall be used. All ballots which are not to be 11 tabulated on the electronic voting system shall be counted, 12 tallied, and returned as elsewhere provided in "The Election 13 Code," as amended, for the counting and handling of paper 14 ballots. 15 All ballots to be processed and tabulated with the 16 electronic voting system shall be processed as follows: 17 Immediately after the closing of the polls the absentee 18 and early ballots delivered to the precinct judges of 19 election by the election official in charge of the election 20 shall be examined to determine that such ballots comply with 21 Sections 19-9, 19A-55, and 20-9 of "The Election Code," as 22 amended, and are entitled to be deposited in the ballot box; 23 those entitled to be deposited in the ballot box shall be 24 initialed by the precinct judges of election and deposited in 25 the ballot box. Those not entitled to be deposited in the 26 ballot box shall be marked "Rejected" and disposed of as 27 provided in said Sections 19-9, 19A-55, and 20-9. The 28 precinct judges of election then shall open the ballot box 29 and canvass the votes polled to determine that the number of 30 ballots therein agree with the number of voters voting as 31 shown by the applications for ballot or if the same do not 32 agree the judges of election shall make such ballots agree 33 with the applications for ballot in the manner provided by 34 Section 17-18 of "The Election Code." The judges of election -26- LRB9206300MWpc 1 shall then examine all paper absentee and early ballots, 2 ballot cards and ballot card envelopes which are in the 3 ballot box to determine whether the paper ballots, ballot 4 cards and ballot card envelopes bear the initials of a 5 precinct judge of election. If any paper ballot, ballot card 6 or ballot card envelope is not initialed, it shall be marked 7 on the back "Defective," initialed as to such label by all 8 judges immediately under such word "Defective," and not 9 counted, but placed in the envelope provided for that purpose 10 labeled "Defective Ballots Envelope." The judges of election, 11 consisting in each case of at least one judge of election of 12 each of the two major political parties, shall examine the 13 paper absentee and early ballots which were in the ballot box 14 and properly initialed so as to determine whether the same 15 contain write-in votes. Write-in votes, not causing an 16 overvote for an office otherwise voted for on the paper 17 absentee or early ballot, and otherwise properly voted, shall 18 be counted, tallied and recorded on the tally sheet provided 19 for such record. A write-in vote causing an overvote for an 20 office shall not be counted for that office, but the precinct 21 judges shall mark such paper absentee or early ballot 22 "Objected To" on the back thereof and write on its back the 23 manner in which such ballot is counted and initial the same. 24 An overvote for one office shall invalidate only the vote or 25 count of that particular office. After counting, tallying and 26 recording the write-in votes on absentee and early ballots, 27 the judges of election, consisting in each case of at least 28 one judge of election of each of the two major political 29 parties, shall make a true duplicate ballot of the remaining 30 valid votes on each paper absentee and early ballot which was 31 in the ballot box and properly initialed, by using the 32 electronic voting system used in the precinct and one of the 33 marking devices of the precinct so as to transfer the 34 remaining valid votes of the voter on the paper absentee or -27- LRB9206300MWpc 1 early ballot to an official ballot or a ballot card of that 2 kind used in the precinct at that election. The original 3 paper absentee ballot shall be clearly labeled "Absentee 4 Ballot" or "Early Ballot", as the case may be, and the ballot 5 card so produced "Duplicate Absentee Ballot," or "Duplicate 6 Early Ballot", as the case may be, and each shall bear the 7 same serial number which shall be placed thereon by the 8 judges of election, commencing with number 1 and continuing 9 consecutively for the ballots of that kind in that precinct. 10 The judges of election shall initial the "Duplicate Absentee 11 Ballot" and "Duplicate Early Ballot" ballots or ballot cards, 12 and shall place them in the box for return of the ballots 13 with all other ballots or ballot cards to be counted at the 14 central counting location in lieu of the paper absentee and 15 early ballots. The paper absentee and early ballots shall be 16 placed in an envelope provided for that purpose labeled 17 "Duplicate Ballots." 18 When an electronic voting system is used which utilizes a 19 ballot card, before separating the remaining ballot cards 20 from their respective covering envelopes, the judges of 21 election shall examine the ballot card envelopes for write-in 22 votes. When the voter has voted a write-in vote, the judges 23 of election shall compare the write-in vote with the votes on 24 the ballot card to determine whether such write-in results in 25 an overvote for any office. In case of an overvote for any 26 office, the judges of election, consisting in each case of at 27 least one judge of election of each of the two major 28 political parties, shall make a true duplicate ballot of all 29 votes on such ballot card except for the office which is 30 overvoted, by using the ballot label booklet of the precinct 31 and one of the marking devices of the precinct so as to 32 transfer all votes of the voter except for the office 33 overvoted, to an official ballot card of that kind used in 34 the precinct at that election. The original ballot card and -28- LRB9206300MWpc 1 envelope upon which there is an overvote shall be clearly 2 labeled "Overvoted Ballot", and each shall bear the same 3 serial number which shall be placed thereon by the judges of 4 election, commencing with number 1 and continuing 5 consecutively for the ballots of that kind in that precinct. 6 The judges of election shall initial the "Duplicate Overvoted 7 Ballot" ballot cards and shall place them in the box for 8 return of the ballots. The "Overvoted Ballot" ballots and 9 their envelopes shall be placed in the "Duplicate Ballots" 10 envelope. Envelopes bearing write-in votes marked in the 11 place designated therefor and bearing the initials of a 12 precinct judge of election and not resulting in an overvote 13 and otherwise complying with the election laws as to marking 14 shall be counted, tallied, and their votes recorded on a 15 tally sheet provided by the election official in charge of 16 the election. The ballot cards and ballot card envelopes 17 shall be separated and all except any defective or overvoted 18 shall be placed separately in the box for return of the 19 ballots, along with all "Duplicate Absentee 20 Ballots,","Duplicate Early Ballots", and "Duplicate Overvoted 21 Ballots." The judges of election shall examine the ballots 22 and ballot cards to determine if any is damaged or defective 23 so that it cannot be counted by the automatic tabulating 24 equipment. If any ballot or ballot card is damaged or 25 defective so that it cannot properly be counted by the 26 automatic tabulating equipment, the judges of election, 27 consisting in each case of at least one judge of election of 28 each of the two major political parties, shall make a true 29 duplicate ballot of all votes on such ballot card by using 30 the ballot label booklet of the precinct and one of the 31 marking devices of the precinct. The original ballot or 32 ballot card and envelope shall be clearly labeled "Damaged 33 Ballot" and the ballot or ballot card so produced "Duplicate 34 Damaged Ballot," and each shall bear the same number which -29- LRB9206300MWpc 1 shall be placed thereon by the judges of election, commencing 2 with number 1 and continuing consecutively for the ballots of 3 that kind in the precinct. The judges of election shall 4 initial the "Duplicate Damaged Ballot" ballot or ballot 5 cards, and shall place them in the box for return of the 6 ballots. The "Damaged Ballot" ballots or ballot cards and 7 their envelopes shall be placed in the "Duplicated Ballots" 8 envelope. A slip indicating the number of voters voting in 9 person, number of absentee votes deposited in the ballot box, 10 and the total number of voters of the precinct who voted at 11 the election shall be made out, signed by all judges of 12 election, and inserted in the box for return of the ballots. 13 The tally sheets recording the write-in votes shall be placed 14 in this box. The judges of election thereupon immediately 15 shall securely lock the ballot box or other suitable box 16 furnished for return of the ballots by the election official 17 in charge of the election; provided that if such box is not 18 of a type which may be securely locked, such box shall be 19 sealed with filament tape provided for such purpose which 20 shall be wrapped around the box lengthwise and crosswise, at 21 least twice each way. A separate adhesive seal label signed 22 by each of the judges of election of the precinct shall be 23 affixed to the box so as to cover any slot therein and to 24 identify the box of the precinct; and if such box is sealed 25 with filament tape as provided herein rather than locked, 26 such tape shall be wrapped around the box as provided herein, 27 but in such manner that the separate adhesive seal label 28 affixed to the box and signed by the judges may not be 29 removed without breaking the filament tape and disturbing the 30 signature of the judges. Thereupon, 2 of the judges of 31 election, of different major political parties, forthwith 32 shall by the most direct route transport the box for return 33 of the ballots and enclosed ballots and returns to the 34 central counting location designated by the election official -30- LRB9206300MWpc 1 in charge of the election. If, however, because of the lack 2 of adequate parking facilities at the central counting 3 location or for any other reason, it is impossible or 4 impracticable for the boxes from all the polling places to be 5 delivered directly to the central counting location, the 6 election official in charge of the election may designate 7 some other location to which the boxes shall be delivered by 8 the 2 precinct judges. While at such other location the boxes 9 shall be in the care and custody of one or more teams, each 10 consisting of 4 persons, 2 from each of the two major 11 political parties, designated for such purpose by the 12 election official in charge of elections from recommendations 13 by the appropriate political party organizations. As soon as 14 possible, the boxes shall be transported from such other 15 location to the central counting location by one or more 16 teams, each consisting of 4 persons, 2 from each of the 2 17 major political parties, designated for such purpose by the 18 election official in charge of elections from recommendations 19 by the appropriate political party organizations. 20 The "Defective Ballots" envelope, and "Duplicated 21 Ballots" envelope each shall be securely sealed and the flap 22 or end thereof of each signed by the precinct judges of 23 election and returned to the central counting location with 24 the box for return of the ballots, enclosed ballots and 25 returns. 26 At the central counting location, a team of tally judges 27 designated by the election official in charge of the election 28 shall check the box returned containing the ballots to 29 determine that all seals are intact, and thereupon shall open 30 the box, check the voters' slip and compare the number of 31 ballots so delivered against the total number of voters of 32 the precinct who voted, remove the ballots or ballot cards 33 and deliver them to the technicians operating the automatic 34 tabulating equipment. Any discrepancies between the number -31- LRB9206300MWpc 1 of ballots and total number of voters shall be noted on a 2 sheet furnished for that purpose and signed by the tally 3 judges; or 4 (c) A single ballot box, for the deposit of all votes 5 cast, shall be used. Immediately after the closing of the 6 polls the judges of election shall examine the absentee and 7 early ballots received by the precinct judges of election 8 from the election authority of voters in that precinct to 9 determine that they comply with the provisions of Sections 10 19-9, 19A-55, 20-8, and 20-9 of the Election Code, as 11 amended, and are entitled to be deposited in the ballot box; 12 those entitled to be deposited in the ballot box shall be 13 initialed by the precinct judges and deposited in the ballot 14 box. Those not entitled to be deposited in the ballot box, 15 in accordance with Sections 19-9, 19A-55, 20-8, and 20-9 of 16 the Election Code, as amended, shall be marked "Rejected" and 17 preserved in the manner provided in The Election Code for the 18 retention and preservation of official ballots rejected at 19 such election. Immediately upon the completion of the 20 absentee and early balloting, the precinct judges of election 21 shall securely lock the ballot box; provided that if such box 22 is not of a type which may be securely locked, such box shall 23 be sealed with filament tape provided for such purpose which 24 shall be wrapped around the box lengthwise and crosswise, at 25 least twice each way. A separate adhesive seal label signed 26 by each of the judges of election of the precinct shall be 27 affixed to the box so as to cover any slot therein and to 28 identify the box of the precinct; and if such box is sealed 29 with filament tape as provided herein rather than locked, 30 such tape shall be wrapped around the box as provided herein, 31 but in such manner that the separate adhesive seal label 32 affixed to the box and signed by the judges may not be 33 removed without breaking the filament tape and disturbing the 34 signature of the judges. Thereupon, 2 of the judges of -32- LRB9206300MWpc 1 election, of different major political parties, shall 2 forthwith by the most direct route transport the box for 3 return of the ballots and enclosed absentee and early ballots 4 and returns to the central counting location designated by 5 the election official in charge of the election. If however, 6 because of the lack of adequate parking facilities at the 7 central counting location or for some other reason, it is 8 impossible or impracticable for the boxes from all the 9 polling places to be delivered directly to the central 10 counting location, the election official in charge of the 11 election may designate some other location to which the boxes 12 shall be delivered by the 2 precinct judges. While at such 13 other location the boxes shall be in the care and custody of 14 one or more teams, each consisting of 4 persons, 2 from each 15 of the two major political parties, designated for such 16 purpose by the election official in charge of elections from 17 recommendations by the appropriate political party 18 organizations. As soon as possible, the boxes shall be 19 transported from such other location to the central counting 20 location by one or more teams, each consisting of 4 persons, 21 2 from each of the 2 major political parties, designated for 22 such purpose by the election official in charge of the 23 election from recommendations by the appropriate political 24 party organizations. 25 At the central counting location there shall be one or 26 more teams of tally judges who possess the same 27 qualifications as tally judges in election jurisdictions 28 using paper ballots. The number of such teams shall be 29 determined by the election authority. Each team shall 30 consist of 5 tally judges, 3 selected and approved by the 31 county board from a certified list furnished by the chairman 32 of the county central committee of the party with the 33 majority of members on the county board and 2 selected and 34 approved by the county board from a certified list furnished -33- LRB9206300MWpc 1 by the chairman of the county central committee of the party 2 with the second largest number of members on the county 3 board. At the central counting location a team of tally 4 judges shall open the ballot box and canvass the votes polled 5 to determine that the number of ballot sheets therein agree 6 with the number of voters voting as shown by the applications 7 for ballot and for absentee and early ballot; and, if the 8 same do not agree, the tally judges shall make such ballots 9 agree with the number of applications for ballot in the 10 manner provided by Section 17-18 of the Election Code. The 11 tally judges shall then examine all ballot sheets which are 12 in the ballot box to determine whether they bear the initials 13 of the precinct judge of election. If any ballot is not 14 initialed, it shall be marked on the back "Defective", 15 initialed as to such label by all tally judges immediately 16 under such word "Defective", and not counted, but placed in 17 the envelope provided for that purpose labeled "Defective 18 Ballots Envelope". Write-in votes, not causing an overvote 19 for an office otherwise voted for on the absentee and early 20 ballot sheet, and otherwise properly voted, shall be counted, 21 tallied and recorded by the central counting location judges 22 on the tally sheet provided for such record. A write-in vote 23 causing an overvote for an office shall not be counted for 24 that office, but the tally judges shall mark such absentee 25 ballot sheet "Objected To" on the back thereof and write on 26 its back the manner in which such ballot is counted and 27 initial the same. An overvote for one office shall 28 invalidate only the vote or count of that particular office. 29 At the central counting location, a team of tally judges 30 designated by the election official in charge of the election 31 shall deliver the ballot sheets to the technicians operating 32 the automatic tabulating equipment. Any discrepancies 33 between the number of ballots and total number of voters 34 shall be noted on a sheet furnished for that purpose and -34- LRB9206300MWpc 1 signed by the tally judges. 2 (2) Regardless of which procedure described in 3 subsection (1) of this Section is used, the judges of 4 election designated to transport the ballots, properly signed 5 and sealed as provided herein, shall ensure that the ballots 6 are delivered to the central counting station no later than 7 12 hours after the polls close. At the central counting 8 station a team of tally judges designated by the election 9 official in charge of the election shall examine the ballots 10 so transported and shall not accept ballots for tabulating 11 which are not signed and sealed as provided in subsection (1) 12 of this Section until the judges transporting the same make 13 and sign the necessary corrections. Upon acceptance of the 14 ballots by a team of tally judges at the central counting 15 station, the election judges transporting the same shall take 16 a receipt signed by the election official in charge of the 17 election and stamped with the date and time of acceptance. 18 The election judges whose duty it is to transport any ballots 19 shall, in the event such ballots cannot be found when needed, 20 on proper request, produce the receipt which they are to take 21 as above provided. 22 (Source: P.A. 83-1362.) 23 (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1) 24 Sec. 24A-15.1. Except as herein provided, discovery 25 recounts and election contests shall be conducted as 26 otherwise provided for in "The Election Code", as amended. 27 The automatic tabulating equipment shall be tested prior to 28 the discovery recount or election contest as provided in 29 Section 24A-9, and then the official ballots or ballot cards 30 shall be recounted on the automatic tabulating equipment. In 31 addition, (1) the ballot or ballot cards shall be checked for 32 the presence or absence of judges' initials and other 33 distinguishing marks, and (2) the ballots marked "Rejected", -35- LRB9206300MWpc 1 "Defective", Objected to",and"Absentee Ballot", and "Early 2 Ballot" shall be examined to determine the propriety of the 3 such labels, and (3) the "Duplicate Absentee Ballots", 4 "Duplicate Early Ballots", "Duplicate Overvoted Ballots" and 5 "Duplicate Damaged Ballots" shall be compared with their 6 respective originals to determine the correctness of the 7 duplicates. 8 Any person who has filed a petition for discovery recount 9 may request that a redundant count be conducted in those 10 precincts in which the discovery recount is being conducted. 11 The additional costs of such a redundant count shall be borne 12 by the requesting party. 13 The log of the computer operator and all materials 14 retained by the election authority in relation to vote 15 tabulation and canvass shall be made available for any 16 discovery recount or election contest. 17 (Source: P.A. 82-1014.) 18 (10 ILCS 5/24B-10) 19 Sec. 24B-10. Receiving, Counting, Tallying and Return of 20 Ballots; Acceptance of Ballots by Election Authority. 21 (a) In an election jurisdiction which has adopted an 22 electronic Precinct Tabulation Optical Scan Technology voting 23 system, the election official in charge of the election shall 24 select one of the 3 following procedures for receiving, 25 counting, tallying, and return of the ballots: 26 (1) Two ballot boxes shall be provided for each 27 polling place. The first ballot box is for the 28 depositing of votes cast on the electronic voting system; 29 and the second ballot box is for all votes cast on other 30 ballots, including absentee paper and early paper ballots 31 and any other paper ballots required to be voted other 32 than on the Precinct Tabulation Optical Scan Technology 33 electronic voting system. Ballots, except absentee and -36- LRB9206300MWpc 1 early ballots for candidates and propositions which are 2 listed on the Precinct Tabulation Optical Scan Technology 3 electronic voting system, deposited in the second ballot 4 box shall be counted, tallied, and returned as is 5 elsewhere provided in this Code for the counting and 6 handling of paper ballots. Immediately after the closing 7 of the polls the absentee and early ballots delivered to 8 the precinct judges of election by the election official 9 in charge of the election shall be examined to determine 10 that the ballots comply with Sections 19-9, 19A-55, and 11 20-9 of this Code and are entitled to be inserted into 12 the counting equipment and deposited into the ballot box 13 provided; those entitled to be deposited in this ballot 14 box shall be initialed by the precinct judges of election 15 and deposited. Those not entitled to be deposited in this 16 ballot box shall be marked "Rejected" and disposed of as 17 provided in Sections 19-9, 19A-55, and 20-9. The 18 precinct judges of election shall then open the second 19 ballot box and examine all paper absentee and early 20 ballots which are in the ballot box to determine whether 21 the absentee or early ballots bear the initials of a 22 precinct judge of election. If any absentee or early 23 ballot is not so initialed, it shall be marked on the 24 back "Defective", initialed as to the label by all judges 25 immediately under the word "Defective", and not counted, 26 but placed in the envelope provided for that purpose 27 labeled "Defective Ballots Envelope". The judges of 28 election, consisting in each case of at least one judge 29 of election of each of the 2 major political parties, 30 shall examine the paper absentee and early ballots which 31 were in such ballot box and properly initialed to 32 determine whether the same contain write-in votes. 33 Write-in votes, not causing an overvote for an office 34 otherwise voted for on the paper absentee or early -37- LRB9206300MWpc 1 ballot, and otherwise properly voted, shall be counted, 2 tallied and recorded on the tally sheet provided for the 3 record. A write-in vote causing an overvote for an 4 office shall not be counted for that office, but the 5 precinct judges shall mark such paper absentee or early 6 ballot "Objected To" on the back and write on its back 7 the manner in which the ballot is counted and initial the 8 same. An overvote for one office shall invalidate only 9 the vote or count of that particular office. After 10 counting, tallying and recording the write-in votes on 11 absentee and early ballots, the judges of election, 12 consisting in each case of at least one judge of election 13 of each of the 2 major political parties, shall make a 14 true duplicate ballot of the remaining valid votes on 15 each paper absentee and early ballot which was in the 16 ballot box and properly initialed, by using the 17 electronic Precinct Tabulation Optical Scan Technology 18 voting system used in the precinct and one of the marking 19 devices of the precinct to transfer the remaining valid 20 votes of the voter on the paper absentee or early ballot 21 to an official ballot or a ballot card of that kind used 22 in the precinct at that election. The original paper 23 absentee ballot shall be clearly labeled "Absentee 24 Ballot" or "Early Ballot", as the case may be, and the 25 ballot card so produced "Duplicate Absentee Ballot" or 26 "Duplicate Early Ballot", as the case may be, and each 27 shall bear the same serial number which shall be placed 28 thereon by the judges of election, beginning with number 29 1 and continuing consecutively for the ballots of that 30 kind in that precinct. The judges of election shall 31 initial the "Duplicate Absentee Ballot" and "Duplicate 32 Early Ballot" ballots and shall place them in the first 33 ballot box provided for return of the ballots to be 34 counted at the central counting location in lieu of the -38- LRB9206300MWpc 1 paper absentee and early ballots. The paper absentee and 2 early ballots shall be placed in an envelope provided for 3 that purpose labeled "Duplicate Ballots". 4 As soon as the absentee and early ballots have been 5 deposited in the first ballot box, the judges of election 6 shall make out a slip indicating the number of persons 7 who voted in the precinct at the election. The slip 8 shall be signed by all the judges of election and shall 9 be inserted by them in the first ballot box. The judges 10 of election shall thereupon immediately lock the first 11 ballot box; provided, that if the box is not of a type 12 which may be securely locked, the box shall be sealed 13 with filament tape provided for the purpose that shall be 14 wrapped around the box lengthwise and crosswise, at least 15 twice each way, and in a manner that the seal completely 16 covers the slot in the ballot box, and each of the judges 17 shall sign the seal. Two of the judges of election, of 18 different political parties, shall by the most direct 19 route transport both ballot boxes to the counting 20 location designated by the county clerk or board of 21 election commissioners. 22 Before the ballots of a precinct are fed to the 23 electronic Precinct Tabulation Optical Scan Technology 24 tabulating equipment, the first ballot box shall be 25 opened at the central counting station by the 2 precinct 26 transport judges. Upon opening a ballot box, the team 27 shall first count the number of ballots in the box. If 2 28 or more are folded together to appear to have been cast 29 by the same person, all of the ballots folded together 30 shall be marked and returned with the other ballots in 31 the same condition, as near as may be, in which they were 32 found when first opened, but shall not be counted. If 33 the remaining ballots are found to exceed the number of 34 persons voting in the precinct as shown by the slip -39- LRB9206300MWpc 1 signed by the judges of election, the ballots shall be 2 replaced in the box, and the box closed and well shaken 3 and again opened and one of the precinct transport judges 4 shall publicly draw out so many ballots unopened as are 5 equal to the excess. 6 The excess ballots shall be marked "Excess-Not 7 Counted" and signed by the 2 precinct transport judges 8 and shall be placed in the "After 7:00 p.m. Defective 9 Ballots Envelope". The number of excess ballots shall be 10 noted in the remarks section of the Certificate of 11 Results. "Excess" ballots shall not be counted in the 12 total of "defective" ballots. 13 The precinct transport judges shall then examine the 14 remaining ballots for write-in votes and shall count and 15 tabulate the write-in vote. 16 (2) A single ballot box, for the deposit of all 17 votes cast, shall be used. All ballots which are not to 18 be tabulated on the electronic voting system shall be 19 counted, tallied, and returned as elsewhere provided in 20 this Code for the counting and handling of paper ballots. 21 All ballots to be processed and tabulated with the 22 electronic Precinct Tabulation Optical Scan Technology 23 voting system shall be processed as follows: 24 Immediately after the closing of the polls the 25 absentee and early ballots delivered to the precinct 26 judges of election by the election official in charge of 27 the election shall be examined to determine that such 28 ballots comply with Sections 19-9, 19A-55, and 20-9 of 29 this Code and are entitled to be deposited in the ballot 30 box; those entitled to be deposited in the ballot box 31 shall be initialed by the precinct judges of election and 32 deposited in the ballot box. Those not entitled to be 33 deposited in the ballot box shall be marked "Rejected" 34 and disposed of as provided in Sections 19-9, 19A-55, and -40- LRB9206300MWpc 1 20-9. The precinct judges of election then shall open 2 the ballot box and canvass the votes polled to determine 3 that the number of ballots agree with the number of 4 voters voting as shown by the applications for ballot, or 5 if the same do not agree the judges of election shall 6 make such ballots agree with the applications for ballot 7 in the manner provided by Section 17-18 of this Code. 8 The judges of election shall then examine all paper 9 absentee and early ballots and ballot envelopes which are 10 in the ballot box to determine whether the ballots and 11 ballot envelopes bear the initials of a precinct judge of 12 election. If any ballot or ballot envelope is not 13 initialed, it shall be marked on the back "Defective", 14 initialed as to the label by all judges immediately under 15 the word "Defective", and not counted, but placed in the 16 envelope provided for that purpose labeled "Defective 17 Ballots Envelope". The judges of election, consisting in 18 each case of at least one judge of election of each of 19 the 2 major political parties, shall examine the paper 20 absentee and early ballots which were in the ballot box 21 and properly initialed to determine whether the same 22 contain write-in votes. Write-in votes, not causing an 23 overvote for an office otherwise voted for on the paper 24 absentee or early ballot, and otherwise properly voted, 25 shall be counted, tallied and recorded on the tally sheet 26 provided for the record. A write-in vote causing an 27 overvote for an office shall not be counted for that 28 office, but the precinct judges shall mark the paper 29 absentee or early ballot "Objected To" on the back and 30 write on its back the manner the ballot is counted and 31 initial the same. An overvote for one office shall 32 invalidate only the vote or count of that particular 33 office. After counting, tallying and recording the 34 write-in votes on absentee and early ballots, the judges -41- LRB9206300MWpc 1 of election, consisting in each case of at least one 2 judge of election of each of the 2 major political 3 parties, shall make a true duplicate ballot of the 4 remaining valid votes on each paper absentee and early 5 ballot which was in the ballot box and properly 6 initialed, by using the electronic voting system used in 7 the precinct and one of the marking devices of the 8 precinct to transfer the remaining valid votes of the 9 voter on the paper absentee or early ballot to an 10 official ballot of that kind used in the precinct at 11 that election. The original paper absentee or early 12 ballot shall be clearly labeled "Absentee Ballot" or 13 "Early Ballot", as the case may be, and the ballot so 14 produced "Duplicate Absentee Ballot" or "Duplicate Early 15 Ballot", as the case may be, and each shall bear the same 16 serial number which shall be placed thereon by the judges 17 of election, commencing with number 1 and continuing 18 consecutively for the ballots of that kind in that 19 precinct. The judges of election shall initial the 20 "Duplicate Absentee Ballot" and "Duplicate Early Ballot" 21 ballots and shall place them in the box for return of the 22 ballots with all other ballots to be counted at the 23 central counting location in lieu of the paper absentee 24 and early ballots. The paper absentee ballots shall be 25 placed in an envelope provided for that purpose labeled 26 "Duplicate Ballots". 27 In case of an overvote for any office, the judges of 28 election, consisting in each case of at least one judge 29 of election of each of the 2 major political parties, 30 shall make a true duplicate ballot of all votes on the 31 ballot except for the office which is overvoted, by using 32 the ballot of the precinct and one of the marking devices 33 of the precinct to transfer all votes of the voter except 34 for the office overvoted, to an official ballot of that -42- LRB9206300MWpc 1 kind used in the precinct at that election. The original 2 ballot upon which there is an overvote shall be clearly 3 labeled "Overvoted Ballot", and each shall bear the same 4 serial number which shall be placed thereon by the judges 5 of election, beginning with number 1 and continuing 6 consecutively for the ballots of that kind in that 7 precinct. The judges of election shall initial the 8 "Duplicate Overvoted Ballot" ballots and shall place them 9 in the box for return of the ballots. The "Overvoted 10 Ballot" ballots shall be placed in the "Duplicate 11 Ballots" envelope. The ballots except any defective or 12 overvoted ballot shall be placed separately in the box 13 for return of the ballots, along with all "Duplicate 14 Absentee Ballots", "Duplicate Early Ballots", and 15 "Duplicate Overvoted Ballots". The judges of election 16 shall examine the ballots to determine if any is damaged 17 or defective so that it cannot be counted by the 18 automatic tabulating equipment. If any ballot is damaged 19 or defective so that it cannot properly be counted by the 20 automatic tabulating equipment, the judges of election, 21 consisting in each case of at least one judge of election 22 of each of the 2 major political parties, shall make a 23 true duplicate ballot of all votes on such ballot by 24 using the ballot of the precinct and one of the marking 25 devices of the precinct. The original ballot and ballot 26 envelope shall be clearly labeled "Damaged Ballot" and 27 the ballot so produced "Duplicate Damaged Ballot", and 28 each shall bear the same number which shall be placed 29 thereon by the judges of election, commencing with number 30 1 and continuing consecutively for the ballots of that 31 kind in the precinct. The judges of election shall 32 initial the "Duplicate Damaged Ballot" ballot and shall 33 place them in the box for return of the ballots. The 34 "Damaged Ballot" ballots shall be placed in the -43- LRB9206300MWpc 1 "Duplicated Ballots" envelope. A slip indicating the 2 number of voters voting in person, number of absentee and 3 early votes deposited in the ballot box, and the total 4 number of voters of the precinct who voted at the 5 election shall be made out, signed by all judges of 6 election, and inserted in the box for return of the 7 ballots. The tally sheets recording the write-in votes 8 shall be placed in this box. The judges of election 9 immediately shall securely lock the ballot box or other 10 suitable box furnished for return of the ballots by the 11 election official in charge of the election; provided 12 that if the box is not of a type which may be securely 13 locked, the box shall be sealed with filament tape 14 provided for the purpose which shall be wrapped around 15 the box lengthwise and crosswise, at least twice each 16 way. A separate adhesive seal label signed by each of 17 the judges of election of the precinct shall be affixed 18 to the box to cover any slot therein and to identify the 19 box of the precinct; and if the box is sealed with 20 filament tape as provided rather than locked, such tape 21 shall be wrapped around the box as provided, but in such 22 manner that the separate adhesive seal label affixed to 23 the box and signed by the judges may not be removed 24 without breaking the filament tape and disturbing the 25 signature of the judges. Two of the judges of election, 26 of different major political parties, shall by the most 27 direct route transport the box for return of the ballots 28 and enclosed ballots and returns to the central counting 29 location designated by the election official in charge of 30 the election. If, however, because of the lack of 31 adequate parking facilities at the central counting 32 location or for any other reason, it is impossible or 33 impracticable for the boxes from all the polling places 34 to be delivered directly to the central counting -44- LRB9206300MWpc 1 location, the election official in charge of the election 2 may designate some other location to which the boxes 3 shall be delivered by the 2 precinct judges. While at 4 the other location the boxes shall be in the care and 5 custody of one or more teams, each consisting of 4 6 persons, 2 from each of the 2 major political parties, 7 designated for such purpose by the election official in 8 charge of elections from recommendations by the 9 appropriate political party organizations. As soon as 10 possible, the boxes shall be transported from the other 11 location to the central counting location by one or more 12 teams, each consisting of 4 persons, 2 from each of the 2 13 major political parties, designated for the purpose by 14 the election official in charge of elections from 15 recommendations by the appropriate political party 16 organizations. 17 The "Defective Ballots" envelope, and "Duplicated 18 Ballots" envelope each shall be securely sealed and the 19 flap or end of each envelope signed by the precinct 20 judges of election and returned to the central counting 21 location with the box for return of the ballots, enclosed 22 ballots and returns. 23 At the central counting location, a team of tally 24 judges designated by the election official in charge of 25 the election shall check the box returned containing the 26 ballots to determine that all seals are intact, and shall 27 open the box, check the voters' slip and compare the 28 number of ballots so delivered against the total number 29 of voters of the precinct who voted, remove the ballots 30 and deliver them to the technicians operating the 31 automatic tabulating equipment. Any discrepancies 32 between the number of ballots and total number of voters 33 shall be noted on a sheet furnished for that purpose and 34 signed by the tally judges. -45- LRB9206300MWpc 1 (3) A single ballot box, for the deposit of all 2 votes cast, shall be used. Immediately after the closing 3 of the polls the judges of election shall examine the 4 absentee and early ballots received by the precinct 5 judges of election from the election authority of voters 6 in that precinct to determine that they comply with the 7 provisions of Sections 19-9, 19A-55, 20-8, and 20-9 of 8 this Code and are entitled to be deposited in the ballot 9 box; those entitled to be deposited in the ballot box 10 shall be initialed by the precinct judges and deposited 11 in the ballot box. Those not entitled to be deposited in 12 the ballot box, in accordance with Sections 19-9, 19A-55, 13 20-8, and 20-9 of this Code shall be marked "Rejected" 14 and preserved in the manner provided in this Code for the 15 retention and preservation of official ballots rejected 16 at such election. Immediately upon the completion of the 17 absentee and early balloting, the precinct judges of 18 election shall securely lock the ballot box; provided 19 that if such box is not of a type which may be securely 20 locked, the box shall be sealed with filament tape 21 provided for the purpose which shall be wrapped around 22 the box lengthwise and crosswise, at least twice each 23 way. A separate adhesive seal label signed by each of 24 the judges of election of the precinct shall be affixed 25 to the box to cover any slot therein and to identify the 26 box of the precinct; and if the box is sealed with 27 filament tape as provided rather than locked, such tape 28 shall be wrapped around the box as provided, but in a 29 manner that the separate adhesive seal label affixed to 30 the box and signed by the judges may not be removed 31 without breaking the filament tape and disturbing the 32 signature of the judges. Two of the judges of election, 33 of different major political parties, shall by the most 34 direct route transport the box for return of the ballots -46- LRB9206300MWpc 1 and enclosed absentee and early ballots and returns to 2 the central counting location designated by the election 3 official in charge of the election. If however, because 4 of the lack of adequate parking facilities at the central 5 counting location or for some other reason, it is 6 impossible or impracticable for the boxes from all the 7 polling places to be delivered directly to the central 8 counting location, the election official in charge of the 9 election may designate some other location to which the 10 boxes shall be delivered by the 2 precinct judges. While 11 at the other location the boxes shall be in the care and 12 custody of one or more teams, each consisting of 4 13 persons, 2 from each of the 2 major political parties, 14 designated for the purpose by the election official in 15 charge of elections from recommendations by the 16 appropriate political party organizations. As soon as 17 possible, the boxes shall be transported from the other 18 location to the central counting location by one or more 19 teams, each consisting of 4 persons, 2 from each of the 2 20 major political parties, designated for the purpose by 21 the election official in charge of the election from 22 recommendations by the appropriate political party 23 organizations. 24 At the central counting location there shall be one 25 or more teams of tally judges who possess the same 26 qualifications as tally judges in election jurisdictions 27 using paper ballots. The number of the teams shall be 28 determined by the election authority. Each team shall 29 consist of 5 tally judges, 3 selected and approved by the 30 county board from a certified list furnished by the 31 chairman of the county central committee of the party 32 with the majority of members on the county board and 2 33 selected and approved by the county board from a 34 certified list furnished by the chairman of the county -47- LRB9206300MWpc 1 central committee of the party with the second largest 2 number of members on the county board. At the central 3 counting location a team of tally judges shall open the 4 ballot box and canvass the votes polled to determine that 5 the number of ballot sheets therein agree with the number 6 of voters voting as shown by the applications for ballot 7 and for absentee and early ballot; and, if the same do 8 not agree, the tally judges shall make such ballots agree 9 with the number of applications for ballot in the manner 10 provided by Section 17-18 of this Code. The tally judges 11 shall then examine all ballot sheets that are in the 12 ballot box to determine whether they bear the initials of 13 the precinct judge of election. If any ballot is not 14 initialed, it shall be marked on the back "Defective", 15 initialed as to that label by all tally judges 16 immediately under the word "Defective", and not counted, 17 but placed in the envelope provided for that purpose 18 labeled "Defective Ballots Envelope". Write-in votes, 19 not causing an overvote for an office otherwise voted for 20 on the absentee or early ballot sheet, and otherwise 21 properly voted, shall be counted, tallied, and recorded 22 by the central counting location judges on the tally 23 sheet provided for the record. A write-in vote causing 24 an overvote for an office shall not be counted for that 25 office, but the tally judges shall mark the absentee or 26 early ballot sheet "Objected To" and write the manner in 27 which the ballot is counted on its back and initial the 28 sheet. An overvote for one office shall invalidate only 29 the vote or count for that particular office. 30 At the central counting location, a team of tally 31 judges designated by the election official in charge of 32 the election shall deliver the ballot sheets to the 33 technicians operating the automatic Precinct Tabulation 34 Optical Scan Technology tabulating equipment. Any -48- LRB9206300MWpc 1 discrepancies between the number of ballots and total 2 number of voters shall be noted on a sheet furnished for 3 that purpose and signed by the tally judges. 4 (b) Regardless of which procedure described in 5 subsection (a) of this Section is used, the judges of 6 election designated to transport the ballots properly signed 7 and sealed, shall ensure that the ballots are delivered to 8 the central counting station no later than 12 hours after the 9 polls close. At the central counting station, a team of 10 tally judges designated by the election official in charge of 11 the election shall examine the ballots so transported and 12 shall not accept ballots for tabulating which are not signed 13 and sealed as provided in subsection (a) of this Section 14 until the judges transporting the ballots make and sign the 15 necessary corrections. Upon acceptance of the ballots by a 16 team of tally judges at the central counting station, the 17 election judges transporting the ballots shall take a receipt 18 signed by the election official in charge of the election and 19 stamped with the date and time of acceptance. The election 20 judges whose duty it is to transport any ballots shall, in 21 the event the ballots cannot be found when needed, on proper 22 request, produce the receipt which they are to take as above 23 provided. 24 (Source: P.A. 89-394, eff. 1-1-97.) 25 (10 ILCS 5/24B-15.1) 26 Sec. 24B-15.1. Discovery, Recounts and Election 27 Contests. Except as provided, discovery recounts and 28 election contests shall be conducted as otherwise provided 29 for in this Code. The automatic Precinct Tabulation Optical 30 Scan Technology tabulating equipment shall be tested prior to 31 the discovery recount or election contest as provided in 32 Section 24B-9, and then the official ballots shall be 33 recounted on the automatic tabulating equipment. In -49- LRB9206300MWpc 1 addition, (a) the ballots shall be checked for the presence 2 or absence of judges' initials and other distinguishing 3 marks, and (b) the ballots marked "Rejected", "Defective", 4 "Objected To", "Early Ballot", and "Absentee Ballot" shall be 5 examined to determine the propriety of the labels, and (c) 6 the "Duplicate Absentee Ballots", "Duplicate Early Ballots", 7 "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" 8 shall be compared with their respective originals to 9 determine the correctness of the duplicates. 10 Any person who has filed a petition for discovery recount 11 may request that a redundant count be conducted in those 12 precincts in which the discovery recount is being conducted. 13 The additional costs of a redundant count shall be borne by 14 the requesting party. 15 The log of the computer operator and all materials 16 retained by the election authority in relation to vote 17 tabulation and canvass shall be made available for any 18 discovery recount or election contest. 19 (Source: P.A. 89-394, eff. 1-1-97.) 20 Section 90. The State Mandates Act is amended by adding 21 Section 8.25 as follows: 22 (30 ILCS 805/8.25 new) 23 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 24 and 8 of this Act, no reimbursement by the State is required 25 for the implementation of any mandate created by this 26 amendatory Act of the 92nd General Assembly.