Illinois Compiled Statutes
10 ILCS 5/ - Election Code.
Article 24 - Voting Machines

(10 ILCS 5/Art. 24 heading)

 
(10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
Sec. 24-1. The election authority in all jurisdictions when voting machines
are used shall, except as otherwise provided in this Code,
provide a voting machine or voting
machines for any or all of the election precincts or election districts,
as the case may be, for which the election authority is by law charged with the
duty of conducting an election or
elections.
A voting machine or machines sufficient in number to provide a machine for each
400 voters or fraction thereof shall be supplied for use at all
elections. However, no such voting machine shall be used,
purchased, or adopted, and no person or entity may have a written contract, including a contract contingent upon certification of the voting machines, to sell, lease, or loan voting machines to an election authority, until the board of voting machine commissioners
hereinafter provided for, or a majority thereof, shall have made and
filed a report certifying that they have examined such machine; that it
affords each elector an opportunity to vote in absolute secrecy; that it
enables
each elector to vote a ticket selected in part from the nominees of one
party, and in part from the nominees of any or all other parties, and in
part from independent nominees printed in the columns of candidates for
public office, and in part of persons not in nomination by any party or
upon any independent ticket; that it enables each elector to vote a
written or printed ballot of his own selection, for any person for any
office for whom he may desire to vote; that it enables each elector to
vote for all candidates for whom he is entitled to vote, and prevents
him from voting for any candidate for any office more than once, unless
he is lawfully entitled to cast more than one vote for one candidate,
and in that event permits him to cast only as many votes for that
candidate as he is by law entitled, and no more; that it prevents the
elector from voting for more than one person for the same office, unless
he is lawfully entitled to vote for more than one person therefor, and
in that event permits him to vote for as many persons for that office as
he is by law entitled, and no more; that it identifies when an elector has not voted for all statewide constitutional offices; and that such machine will register
correctly by means of exact counters every vote cast for the regular
tickets thereon; and has the capacity to contain the tickets of at least
5 political parties with the names of all the candidates thereon,
together with all propositions in the form provided by law, where such
form is prescribed, and where no such provision is made for the form
thereof, then in brief form, not to exceed 75 words; that all votes cast
on the machine on a regular ballot or ballots shall be registered; that
voters may, by means of irregular ballots or otherwise vote for any
person for any office, although such person may not have been nominated
by any party and his name may not appear on such machine; that when a
vote is cast for any person for any such office, when his name does not
appear on the machine, the elector cannot vote for any other name on the
machine for the same office; that each elector can, understandingly and
within the period of 4 minutes cast his vote for all candidates of his
choice; that the machine is so constructed that the candidates for
presidential electors of any party can be voted for only by voting for
the ballot label containing a bracket within which are the names of the
candidates for President and Vice-President of the party or group; that
the machine is provided with a lock or locks by the use of which any
movement of the voting or registering mechanism is absolutely prevented
so that it cannot be tampered with or manipulated for any purpose; that
the machine is susceptible of being closed during the progress of the
voting so that no person can see or know the number of votes registered
for any candidate; that each elector is permitted to vote for or against
any question, proposition or amendment upon which he is entitled to
vote, and is prevented from voting for or against any question,
proposition or amendment upon which he is not entitled to vote; that the
machine is capable of adjustment by the election authority,
so as to permit
the elector, at a party primary election, to vote only for the
candidates seeking nomination by the political party in which primary he
is entitled to vote: Provided, also that no such machine or machines
shall be purchased, unless the party or parties making the sale shall
guarantee in writing to keep the machine or machines in good working
order for 5 years without additional cost and shall give a sufficient
bond conditioned to that effect.

(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
(10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1)
Sec. 24-1.1.

The county board of each county having a population of
35,000 or more, with respect to all elections for which the county board
or the county clerk is charged with the duty of providing materials and
supplies, and each board of election commissioners in a municipality
having a population of 35,000 or more with respect to elections under
its jurisdiction, must provide either voting machines in accordance with
this Article or electronic voting systems in accordance with Article 24A
for each precinct for all such elections except as provided in Section
24-1.2 except in elections held pursuant to the provisions of Section 12
of Article VI of the Constitution relating to retention of judges in
office, in which event, the special ballot containing the propositions
on the retention of judges may be placed on the voting machines or
devices. For purposes of this Section 24-1.1, the term "population" does
not include persons prohibited from voting by Section 3-5 of this Act.
Before voting machines or electronic voting systems are introduced,
adopted or used in any precinct or territory at least 2 months public
notice must be given before the date of the first election wherein such
machines are to be used. The election authority shall publish the notice
at least once in one or more newspapers published within its
jurisdiction in which the election is held. If there is no such
newspaper, the notice shall be published in a newspaper published in the
county and having a general circulation within such political
subdivision of this State. The notice shall be substantially as follows:
Notice is hereby given that on (give date), at (give
place where election is held) in the county of .... an election will
be held for (give name of office to be filled) at which voting
machines will be used.
Dated at .... on (insert date).
The notice referred to herein shall be given only at the first election at
which such voting machines or electronic voting systems are used.

(Source: P.A. 91-357, eff. 7-29-99.)
 
(10 ILCS 5/24-1.2) (from Ch. 46, par. 24-1.2)
Sec. 24-1.2.

Paper ballots may be used for the conduct of the consolidated election in odd-numbered
years, the special
municipal primary in even-numbered years, and emergency referenda held at
any time, except in regular elections in which the only offices or propositions
on the ballot are for political subdivisions for which offices have heretofore
been voted on using voting machines or electronic voting systems and except
as otherwise provided by regulation of the State Board of Elections adopted
pursuant to this Section.
The State Board of Elections may adopt regulations requiring the use of
voting machines or electronic voting devices, as are available in the
jurisdiction
of the election authority, in such elections. Such regulations shall be
applicable uniformly statewide, and shall require the use of such voting
equipment only in those elections and only in those precincts where (1)
the ballots to be voted are complex, due to large numbers of offices,
candidates,
or public questions required to be on the ballot, (2) the number of political
subdivisions whose officers or public questions are to be included on the
ballot is substantial, and (3) the use of such voting equipment is efficient,
cost effective, and does not result in unjustified election expenses to
be reimbursed by the political subdivisions that will share such expenses
pursuant to Sections 17-30 through 17-33. Such regulations may provide
reasonable classifications based on the above factors.

(Source: P.A. 90-358, eff. 1-1-98.)
 
(10 ILCS 5/24-2) (from Ch. 46, par. 24-2)
Sec. 24-2.

The voting machine or machines to be used, adopted, purchased as
herein provided must be so constructed as to meet all requirements
specified in this Article.

(Source: Laws 1943, vol. 2, p. 1.)
 
(10 ILCS 5/24-3) (from Ch. 46, par. 24-3)
Sec. 24-3.

The State Board of Elections shall appoint 2 mechanical experts to
examine voting machines. No member of the board nor their appointees shall
have any interest in any voting machine. Any person or corporation owning
or being interested in any voting machine may apply to said board to
examine such machine and report on its accuracy, efficiency, capacity and
safety. The experts shall examine the machine and make full report thereon
in the office of the State Board of Elections. They shall state in the
report whether or not the kind of machine so examined complies with the
requirements of this Article and can be safely used by voters at elections
under the conditions prescribed in this Article. If the report be in the
affirmative upon said questions, the machine shall be deemed approved by
the board and the machines of its kind may be adopted for use at elections
as herein provided. When the machine has been so approved any improvement
or change that does not impair its accuracy, efficiency, capacity or safety
shall not render necessary a re-examination or re-approval thereof. Any
form of voting machine not so approved cannot be used at any election. Each
of the 2 mechanical experts shall be entitled to $100 for his compensation
and expenses in making such examination and report, to be paid by the
person or corporation applying for such examination, which sum may be
demanded in advance of making the examination, and which shall be the sole
compensation to be received by any such expert. The board may, if it
consents to do so, go to any point in the state for the purpose of
examining a machine, but it shall not be compelled to make such examination
at any place other than the capital of the state; Provided, that each of
the 2 mechanical experts shall not receive and retain to exceed $1500 and
reasonable expenses in any one year, and all sums collected for such
examinations over and above said maximum salaries and reasonable expenses
shall be turned into the State Treasury.

(Source: P.A. 78-918.)
 
(10 ILCS 5/24-4) (from Ch. 46, par. 24-4)
Sec. 24-4.

The election authorities may
provide for the experimental use, at any election or elections, in one
or more election precincts, of a machine or machines which it might
lawfully adopt, without a formal adoption thereof, and their use at such
elections shall be as valid for all purposes as if they had been
lawfully adopted.

(Source: P.A. 80-1469.)
 
(10 ILCS 5/24-5) (from Ch. 46, par. 24-5)
Sec. 24-5.

The local authorities may for the purpose of paying for such
voting machines issue bonds, certificates of indebtedness, or other
obligations, which shall be a charge on the city, village, incorporated
town, county or other governmental taxing division. Such bonds,
certificates or other obligations may be issued with or without interest,
payable at such time or times as the authorities may determine, but shall
not be issued or sold at less than par.

(Source: Laws 1967, p. 2702.)
 
(10 ILCS 5/24-6) (from Ch. 46, par. 24-6)
Sec. 24-6.

For any election in which voting machines are to be used, the
election precincts in which such
voting machines are to be used may be created or consolidated into one
area by the election authority so as to contain as near as may be five hundred
voters for
each voting machine to be used therein. The said consolidated precincts
to consist of no more than four and to be contiguous and to be known as
Consolidated Areas. When voting machines are used in contiguous
precincts as now or hereafter established, they shall be consolidated in
such manner as to provide for the efficient and economical use thereof.
Such consolidation shall be made under
such regulations as
to time and manner as are now provided by law, shall be for the purpose
of more efficient conduct of an election and shall not constitute a change
in precinct boundaries.

(Source: P.A. 80-1469.)
 
(10 ILCS 5/24-7) (from Ch. 46, par. 24-7)
Sec. 24-7.

The election authority
shall preserve and keep the
voting machine or voting machines in repair, and shall have the custody
thereof, and of the furniture and equipment of the polling place when
not in use at an election. No person shall be employed or allowed to
perform any mechanical services in connection with any voting machine
which is used or to be used at any election or primary in which such
person is a candidate.

(Source: P.A. 80-1469.)
 
(10 ILCS 5/24-8) (from Ch. 46, par. 24-8)
Sec. 24-8.

Location of voting machines; time allowed for voting;
pollwatchers. The exterior of the voting machines, and every part of
the polling place shall be in plain view of the election officials. The
voting machine or voting machines shall be placed at least one foot from
every wall and partition of the polling place and at least three (3)
feet from any election officials or table used by them, and it shall be
so placed that no person can see or determine how the voter casts his
vote. After the opening of the polls, the election judges shall permit within
the
proximity of the voting machine or machines at any one
time, not more than twice as many voters
waiting to vote, as there are voting machines in use in that election
precinct or district. They shall not themselves remain or permit any
other person to remain in any position or near any position that would
permit one to see or ascertain how a voter votes, or how he has voted.
No voter shall remain within the voting booth or compartment longer than
four (4) minutes, and if any voter shall refuse to leave after the
expiration of four (4) minutes, he shall at once be removed by the
election officials, or upon their order; provided, however, that one
election judge may station himself at the side of the machine or
machines for the express purpose of actuating the entrance knob, or
other device so the voter can operate the voting machine and also in a
primary, to set the primary lever or device, so as to enable the voter
to vote in the party of which he is a member and to prevent the voter
from voting for the candidate or candidates in any other party. The voting
machine or machines shall be so placed in the polling place that
the ballot labels on the face of the machine can be seen plainly by the
precinct election officials and
pollwatchers when not in use by the
voters. The election precinct officials having charge of each machine
shall inspect the face of the voting machine after each voter has
completed the casting of his vote to see that the ballot labels are in
proper position and that the machine has not been injured or tampered
with, and after any voter has voted, the precinct election officials
having charge of the machine shall, upon request, permit any
pollwatcher to inspect the face
of the voting machine to see that the ballot labels are in proper
position and have not been injured or marked upon and that the machine
has not been tampered with. If it shall be found that such mutilation or
marking shall have occurred, the election board shall immediately notify
the custodian of the voting machines, or the officer or board having
charge of the preparation of the machines, and such custodian or officer
or board shall forthwith replace such ballot labels with new ones.
Pollwatchers as provided by law shall be permitted to carefully check
the voting machine
and its protective devices, and ballot labels and registering counters,
before the polls may be declared open on election morning, and they
shall be permitted to remain in the polling place at all times
throughout the conduct of the election if desired, and after the close
of the polls, to be present and check the protective devices and
registering counters of each voting machine, and the official return
sheets thereof.

(Source: P.A. 89-653, eff. 8-14-96.)
 
(10 ILCS 5/24-8.1) (from Ch. 46, par. 24-8.1)
Sec. 24-8.1.

Whenever on the same day as a primary election there
is also an election for officers or on propositions in which qualified voters
have the right to vote without participating in the primary of any party, either
a separate voting machine or a voting booth and paper ballots may be provided
for those voters who do not wish to participate in the primary of any party.
Such determination shall be made by resolution of the county board, municipal board
of election commissioners or county board of election commissioners, whichever
is applicable.

(Source: P.A. 79-200.)
 
(10 ILCS 5/24-9) (from Ch. 46, par. 24-9)
Sec. 24-9.
Assistance to illiterate voters and voters with disabilities shall be given in
accordance with the provisions in Section 17-14 of this Act.

(Source: P.A. 99-143, eff. 7-27-15.)
 
(10 ILCS 5/24-10) (from Ch. 46, par. 24-10)
Sec. 24-10.

For the instruction of the voters on election day, there shall
be provided for each polling place, one mechanically operated instruction
model for each machine, showing a portion of the face of the voting
machine. Each such instruction model shall show the arrangement of party
rows, office columns and questions, but only fictitious candidates' names
shall be used. Such model shall be located on the election officials'
table, or in some other place which the voters must pass to reach the
machine, and each voter, upon request, before entering the machine, shall
be offered instruction in its operation by use of the instruction model,
and the voter shall be given ample opportunity to operate the model
himself. Each voter shall also have called to his attention the facsimile
diagrams at least two of which shall be posted on the walls of the polling
place, which facsimile diagrams shall be exact facsimiles, including the
color of the ballot labels, as near as may be, of the face of the voting
machine, so that the voter can become familiar with the location of the
questions, parties, officers and candidates. In case any voter after
entering the voting machine booth shall ask for further instructions
concerning the manner of voting, two judges of opposite political parties
shall give such instructions to him; but no precinct election official, or
person assisting a voter shall in any manner request, suggest or seek to
persuade, or induce any voter to vote any particular ticket, or for any
particular candidate, or for or against any particular amendment, question
or proposition. During such instruction, the curtains shall be thrown aside
so that the instruction may be observed by persons in the polling place.
After giving such instructions such precinct election officials shall
retire from the machine booth, and the voter shall thereafter, with the
curtains closed around him, proceed to vote as in the case of an unassisted
voter.

(Source: Laws 1949, p. 817.)
 
(10 ILCS 5/24-11) (from Ch. 46, par. 24-11)
Sec. 24-11.
That portion of cardboard, paper or other material,
placed on the front of the machine and containing the names of the
candidates shall be known in this Article as a ballot label. The ballot
labels shall be supplied by the election authority, and shall be printed
in black ink on clear white
material of such size as will fit the machine and in plain, clear type,
and shall provide space, not less than one-half inch in height and one
and one-half inches in width for the printing of each candidate's name
with such other wording as is required by law. However, ballot labels
for use at the nonpartisan and consolidated elections may be printed on
different color material, except blue material, whenever necessary or desirable
to facilitate distinguishing between different political subdivisions on
the machine. The names of all
candidates shall be printed in uniform size in boldface type. The party
name or other designation shall be prefixed to the list of the
candidates of such party. The order of the lists of candidates of the
several parties shall be arranged as is in this Act provided, except
that the lists may be placed in horizontal rows or vertical columns,
which parties may, if desired be divided into parallel and contiguous
rows or columns. Where presidential electors are to be voted for at any
election, then there may be placed on the ballot labels a bracket in
which are the names of the candidates for President and Vice President
of the party or group. Each question or other proposition, to be
submitted to a vote of the electors shall appear on the ballot labels,
in the form prescribed therefor, but if no such form is prescribed then
they shall be in brief form, not to exceed 75 words. The ballot label
for each candidate or group of candidates nominated or seeking
nomination by a political party shall contain the name of the political
party.
In any election in which there is submitted a proposal or proposals
for a constitutional amendment or amendments or for calling of a
constitutional convention the ballot label for the separate ballot for
such proposals shall be printed on blue, rather than white, material.
In elections held pursuant to the provisions of Section 12 of Article
VI of the Constitution relating to retention of judges in office, the
ballot label for the judicial retention propositions shall be printed on
green, rather than white, material.
If any voting machine being used in an election or primary shall
become out of order during such election or primary, it shall, if
possible, be repaired or another machine substituted by the custodian or
election authority, for which purpose the proper authorities
may purchase as
many extra voting machines as they may deem necessary, but in case such
necessary repairs or substitution cannot be made immediately, paper
ballots, printed or written and of suitable form, shall be used for the
taking of votes. The paper ballots to be used in such event shall be
prepared and distributed to the various precincts in the manner provided
for in Sections 16-3 and 16-4 of this Election Code; except that the
election authority shall
supply a number of ballots to each precinct equal to at least 20% of the
number of voters registered to vote in that precinct. If a method of
election for any candidates is prescribed by law, in which the use of
voting machines is not possible or practicable, or in case, at any
election the number of candidates nominated or seeking nomination for
any office renders the use of the voting machine for such office at such
election impracticable, or if for any reason, at any election the use of
voting machines is not practicable or possible, the proper officer or
officers having charge of the preparation of the ballot labels for the
machines may arrange to have the voting for such or all candidates for offices
conducted by paper ballots. In such cases ballots shall be
printed for such or all candidates, and the election conducted by the
election officers herein provided for, and the ballots counted and
return thereof made in the manner required by law for such candidate or
candidates or offices, insofar as paper ballots are used.

(Source: P.A. 97-813, eff. 7-13-12.)
 
(10 ILCS 5/24-12) (from Ch. 46, par. 24-12)
Sec. 24-12.

The election authority shall provide at least 4 facsimile
diagrams which shall be arranged in the form of a diagram showing the
entire front of the voting machine as it will appear after the official
ballot labels are arranged for voting purposes on election day. Where
colored ballot labels are required to be used, the facsimile diagrams
shall be appropriately colored to indicate such ballot labels. Such
diagrams shall be displayed for public inspection, 2 on the outside of
the polling place, and 2 on the inside thereof, at such polling place
during the day preceding election or primary day and throughout election
day. At each election where voting machines are to be used, the election
authority shall, not less than 10 days before the election, provide for
each election precinct in which a voting machine is to be used,
facsimile diagrams, printed on tinted paper, in an amount equal to at
least 1/5 of the number of votes cast in such precinct at the last
preceding general election. Such facsimile diagrams shall be made
available for public distribution except that
ten per cent (10%) of the number of the ballots printed shall be
supplied to the judges of election on election day for use in instructing
the voters and for distribution to the voters by them in their
discretion. Such facsimile diagrams may be of reduced size and shall
provide complete instructions for operating the voting machine in that
election.

(Source: P.A. 81-1433.)
 
(10 ILCS 5/24-13) (from Ch. 46, par. 24-13)
Sec. 24-13.
Four sets of ballot labels for use in each voting
machine shall be provided for each polling place for each election by
the election authority.
There shall also be furnished all other necessary materials or supplies
for the proper use of the voting machines, including durable transparent
noninflammable covering at least 1/16 inch thick with which all the
ballot labels shall be securely covered to prevent shifting, tampering
with or mutilations of the ballot labels, facsimile diagrams, return
sheets, certificates, forms and materials of all kinds provided for in
this Article. The election authority shall before the
day of election, cause the proper ballot labels, together with the
transparent protective covering for same, to be put upon each machine,
corresponding with the sample ballot labels herein provided for, and the
machine in every way to be put in order, set and adjusted, ready for use
in voting when delivered at the precinct polling places and for the
purpose of so labeling the machine, putting in order, setting and
adjusting the same, they may employ one competent person to be known as
the voting machine custodian and additional deputy custodians as
required. The election authority
shall, preceding each
election day, holding a meeting or meetings for the purpose of
instructing all election precinct officials who are to serve in an
election precinct where voting machines are to be used. Before preparing
any voting machines for any election, the election authority shall cause written
notices to be sent to the chair of the county central committee of
each political party having a candidate or candidates on the ballot, or
the chair of each municipal or township
committee of each political
party having candidates on the ballot, in the case of a municipal or township
election, stating the times when, and the place
or places where,
the voting machines will be prepared for the election; they shall also
cause written notices to be sent to the chair or presiding officer of
any organization of citizens within the county, or other political subdivision,
having as its purpose, or among its purposes or interests, the
prevention, investigation or prosecution of election frauds, which has
registered its name and address and the names of its principal officers
with the officer, officers or board having charge of the preparation of
the machines for the election, at least 40 days before such
election, stating the times when, and the place or places where, the
voting machines will be prepared for the election, at which times and
place or places, one representative of each such political party,
certified by the respective chair of the county managing committee of
each such political party, or the chair of the municipal or township
committee in the case of a municipal or township
election, and one
representative of each such candidate, certified by such candidate, and
one representative of each organization of citizens, certified by the
respective chair or presiding officers of such organizations shall be
entitled to be present and see that the machines are properly prepared
and tested and placed in proper condition and order for use at the
election. The custodian or custodians of voting machines and the party
representatives shall take the constitutional oath of office. It shall
be the privilege of such party and organization representatives to be
present at the preparation of the voting machines for the election and
to see that each machine is tested for accuracy and is properly prepared
and that all registering counters are set at zero. The custodian shall,
in the presence of the party and candidate and organization
representatives, prepare the voting machine for the election and set all
registering counters at zero, and he shall then, assisted by the
watchers, test each such registering counter for accuracy by casting
votes upon it, and such testing shall be done in the presence of the
watchers, until each such registering counter is correctly registering
each vote cast upon it, and each certificate for each machine shall
state that this has been done, and the custodians shall then, in the
presence of the party and candidate and organization representatives,
reset each registering counter to zero, and shall then immediately seal
the voting machine with a numbered metal seal, and a record of the
number on the seal shall then and there be made by the custodian on the
certificate for that machine and the seal shall be so placed as to
prevent operation of the machine or its registering counters without
breaking the seal, and the custodian shall then immediately make a
record on the certificate for that machine of the reading shown on the
protective counter. Immediately after each machine has been so tested
and prepared for the election, it shall be the duty of such custodian or
custodians to make a certificate in writing which shall be filed in the
office of the election authority, stating the serial
number of each voting
machine, whether or not such machine has all the registering counters
set at zero, whether or not such machine has been tested by voting on
each registering counter so as to prove that each such registering
counter is in perfect and accurate working condition, the number
registered on the protective counter, and the number on the metal seal
with which the machine is sealed against operation. Unless objection is
filed, within 2 days, with the election authority, to the use
of a particular machine or
machines, such voting machine or machines when certified to be correct
by the custodian shall be conclusively presumed to have been properly
prepared for use at the election for which they were prepared. Any
objection filed shall particularly set forth the number of the machine
objected to, and the particulars or basis for the objection. The machine
shall then be locked so that it cannot be operated or voted upon without
first unlocking it and the keys shall be at once returned to the custody
of the election authority, and the election authority shall cause the
machine so labeled in order, set and adjusted, to be delivered at the
polling place, together with all necessary furniture and appliances that
go with the same, not later than one hour before the hour at which the
polls are to be opened. The election authority shall deliver the keys,
which unlock the
voting mechanism and the registering counters or counter compartment of
the voting machine, to the precinct election board, not earlier than
noon on the Saturday preceding the election day, nor later than one hour
before the opening of the polls, and shall receive and file a receipt
therefor. The keys shall be enclosed in a sealed envelope on which shall
be written or printed: (1) The name, number of or designation of the
election precinct or district; (2) The number of the voting machine; (3)
The number of the seal with which the machine is sealed; (4) The number
registered on the protective counter or device as reported by the
custodian. No precinct election official shall break the seal of such
envelope except in the presence of all members of the precinct election
board, and such envelope shall not be opened until it shall have been
examined by each member of the precinct election board to see that it
has not been previously opened. Such envelope shall not be opened until
it shall have been found that the numbers and records recorded thereon
are correct and agree in every respect with the numbers and records as
shown on the machine. If any such number is found not to agree with the
numbers on the machine, the envelope shall not be opened until the
precinct election officials shall have notified the
election authority, and until the election authority
or some other person authorized by the election authority shall have
presented himself at the polling place for
the purpose of re-examining the machine, and shall have certified that
it is properly arranged after testing and examining it. On the morning
of the election the precinct election officials shall meet in the
polling place at least one hour before the time for opening the polls.
They shall see that the sample ballot labels and instructions for voting
are posted properly, and prominently so that the voters can have easy
access to them and that the instruction model is placed on the precinct
election officials' table and that everything is in readiness for voting
at the hour of opening the polls. They shall also see that the voting
machine is properly illuminated in accordance with the equipment
furnished. The precinct election officials shall compare the ballot
labels on the machine with the sample ballots and return sheets, see
that they are correct, examine and see that all the registering counters
in the machine are set at zero (0) or if the machine is equipped with a
device which will automatically record the number on the registering
columns on the back of the machine to recording sheets of paper and the
said paper can be removed without opening the back of the machine, that
all of the said registering counters for each candidate as appears on
the said recording sheet registers (0) and that the public counter is
also set at zero (0) and that the machine is otherwise in perfect order
and they shall compare and record the number on the metal seal with
which the voting machine is sealed, with the number furnished them as
recorded on the envelope containing the keys, by the election authority,
and if the number on the seal and the number on the protective
counter do not agree with the numbers supplied to them, they shall not
open the polls, but shall notify the election authority, and the election
authority or its authorized representatives or
custodian, shall, as soon as may be, test, examine and set the machine
in the same manner as is provided in this section for the testing,
setting and preparation of voting machines for an election. If, after
being so tested and examined, it is found that such voting machine is in
perfect working order, all registering counters shall be set at zero
(0), the reading of the protective counter shall be read and recorded
and the precinct election officials may proceed with the opening of the
polls. If such machine be found not to be in perfect working order as
hereinbefore provided, it shall not be used in the election, but shall
be replaced with another machine which is in perfect working order,
properly set, tested and sealed, and the election board shall then
proceed to examine such machine in the same manner as is provided in
this section for the examination of each voting machine by the election
board before the opening of the polls. They shall not thereafter permit
the counters to be operated or moved except by electors in voting, and
they shall also see that all necessary arrangements and adjustments are
made for voting irregular ballots on the machine. Each precinct election
official shall sign a certificate which shall certify that he has
complied with all the provisions of this Article, and that, before the
polls were declared open, he found the ballot labels to be in their
proper places and to exactly agree with the facsimile diagrams and
return or recording sheet belonging to that precinct; all registering
counters set at zero (0); the number on the metal seal and the number on
the protective counter exactly agree with the records furnished by the
election authority; the metal seal actually was sealed so as to prevent
movement of the voting machine mechanism without first breaking the
seal; all ballot labels were clean and without marks of any kind upon
them and they were in no way defaced or mutilated. When voting machines
are used in an election precinct, the watchers or challengers
representing the various political parties, candidates and citizens'
organizations, provided by law to be present shall be permitted to be
present from the time the precinct election board convenes on election
morning until the completion of the canvass after the close of the
polls. Such watchers shall be permitted to carefully examine each voting
machine before the polls are declared open and to compare the number of
the metal seal and the number on the protective counter with their own
records, and to see that all ballot labels are in their proper places,
and that the machine registering counters are all set at zero (0), and
that the machine or machines are in every way ready for voting at the
opening of the polls. If it is found that the ballot labels are not in
their proper places on the machine, or that they fail to conform in any
respect, with the facsimile diagrams and return sheets belonging to the
precinct, the precinct election officials shall not use such machine but
shall at once notify the proper election authority,
and such machine shall not be used until the election authority or person
authorized by it, shall have
supplied the proper ballot labels, and shall have placed such proper
ballot labels in their proper places, and they shall have been found to
be correct by the precinct election officials and watchers. If any
registering counter shall be found not to be set at zero (0), the
precinct election officials shall immediately notify the custodian or
officer or officers or board having charge of the preparation of the
voting machines for the election or primary, and the election authority
or person authorized by him or them
or it shall adjust
such registering counter or counters to zero (0), in the presence of all
the precinct election officials and watchers serving in such election
district.

(Source: P.A. 100-1027, eff. 1-1-19.)
 
(10 ILCS 5/24-14) (from Ch. 46, par. 24-14)
Sec. 24-14.

Ballots voted for any person whose name does not appear on the
ballot label on the machine as a candidate for office are herein referred
to as irregular ballots.
Such irregular ballot shall be deposited, written or affixed in or upon
the receptacle or device provided on the machine for that purpose.

(Source: Laws 1943, vol. 2, p. 288.)
 
(10 ILCS 5/24-15) (from Ch. 46, par. 24-15)
Sec. 24-15.
As soon as the polls are closed, the voting machine or machines
shall be locked in order to prevent further voting and each machine shall
be sealed against voting and tampering, with a numbered metal seal, and the
number of such metal seal shall be recorded at once on the certificate
provided for that purpose, and the number on the protective counter of each
voting machine shall also be recorded on the certificate in the space
provided for that purpose, and the number on the public counter shall be
recorded in the space provided for that purpose. The counting compartment
shall then be opened in the presence of all the precinct election officials
and all watchers and other persons who may be lawfully within the room,
giving full view of the numbers announcing the votes cast for each
candidate, and the vote for and against each of the questions or other
propositions. Provided, however, when a machine is equipped with a device
which will automatically record the number on the registering columns for
each candidate, question or proposition on the back of the machine to a
paper recording sheet then the recording sheet shall be removed and the
vote cast shall be announced from the recording sheet for each candidate
and the vote for and against each question or proposition. When voting
machines are used in an election precinct, the watchers provided by law to
be present in the polling place on election day shall be permitted to make
a record of the number on the metal seal with which each voting machine is
sealed, and to also record the number shown on the protective counter of
each voting machine, and such watchers shall also be permitted to examine
the counters of the voting machines as the totals are being announced for
transcription to the return sheets or from the recording sheets and also to
examine the return sheets or the recording sheets as the totals are being
recorded or checked thereon. In voting machine precincts where the voting
machine is not equipped with the automatic recording sheet the officer,
officers board or boards charged by law to furnish the ballot labels for
the voting machines shall also furnish for each election precinct in which
a voting machine is to be used, at least two duplicate return sheets which
shall be used by the precinct election board of such election precinct for
recording the results of the election. Such return sheets shall be printed
in the form of a diagram exactly corresponding, in arrangement, with the
face of the voting machine, and such return sheets shall also correspond,
in as far as arrangement is concerned, with the sample ballots, and each
return sheet shall provide printed instructions for the exact procedure
which the precinct election board shall follow when making the canvass of
the results of the election, and such return sheets shall also provide the
office titles, party names, candidates' names and code letters and number,
arranged in the same manner as on the ballot labels, and there shall be
provided a space for inserting the serial number of each voting machine, so
that the totals recorded from each voting machine may be identified as
being from a certain voting machine, and there shall be provided a space
for recording such separate total for each candidate and constitutional
amendment, or other question or proposition, from each separate voting
machine, and a space for recording the total of the vote by mail and early vote
in the same manner, so that the final total for each candidate,
constitutional amendment, question or other proposition, may be totaled by
adding all the figures in a column. Totals on the return sheets shall be
recorded in figures only, in ink. The same authorities shall also furnish
to each such election precinct suitable printed forms for use by the
precinct election board, in making out the certificates provided for in
this Article. Such certificates shall be made a part of the return sheets
if practicable, or may be on separate sheets.

(Source: P.A. 98-1171, eff. 6-1-15.)
 
(10 ILCS 5/24-16) (from Ch. 46, par. 24-16)
Sec. 24-16.
The precinct election officers shall then ascertain the
number of votes which the candidates received both on the machine or
machines, and by the voting of irregular ballots, if any. Except when
the machine is equipped with a device which will automatically record
the registering column on the back of the machine to sheets of paper
giving the accurate vote cast for each candidate. Two precinct election
officials, not members of the same political party, shall write the
totals in figures, in ink, for such candidate on the duplicate return
sheets provided for that purpose, while one election officer announces
in a distinct voice the total vote cast for each candidate thus
ascertained in the order of the offices as their titles are arranged on
the ballot label, and the remaining precinct election official or
officials, if any, shall be stationed at the counter compartment of the
voting machine being canvassed and shall watch each total as it is being
called out from the registering counters. Each precinct election
official who is recording the totals on the return sheets shall
distinctly repeat each total as it is announced from the counter of the
voting machine. The totals of each machine for each candidate shall be
recorded on the return sheets in such a manner that they may be
identified by the serial number of the voting machine. The vote both for
and against each question or other proposition shall also be announced
and recorded in the same manner as the vote for the candidates. When the
machine is equipped with a device which will automatically record the
registering column on the back of the machine to recording sheets of
paper giving the accurate vote cast for each candidate then the totals
cast for each candidate or each question or proposition shall be called
out the same as if they were being read from the Counter Compartment of
the voting machine, provided however the paper recording sheet shall
constitute the return sheet for the precinct or consolidated area and no
return sheets shall be required. When more than one voting machine is
used in the same election precinct, the canvass of the first machine
shall be completed before the second and so on. When the canvass of all
totals shall have been completed, the precinct election board shall
canvass all vote by mail ballots in the same manner provided by law for
canvassing paper ballots. The totals of the vote by mail votes for each
candidate and for each question or other proposition shall be recorded
on the return sheets under the totals from the voting machines and the
final total of the votes received by each candidate, and each
constitutional amendment, question or other proposition, shall be
ascertained and recorded in the space provided for that purpose on the
return sheets. Upon the completion of the canvass as hereinbefore
provided, one of the precinct election officials shall, in a loud and
distinct voice announce the total votes received by each candidate, and
the total votes cast both for and against each constitutional amendment,
question or other proposition, and such proclamation shall be made
slowly enough so as to enable anyone desiring to do so, to record each
such result as it is announced. Except where a voting machine is
equipped with an automatic recording sheet when the proclamation is
completed, the election official who announced the totals from the
counters of the machine or machines, shall take his place at one of the
return sheets and one of the election officials of the opposite party
who has completed the recording of the returns on the return sheets
shall take his place at the counter compartment of the voting machine
first canvassed, and he shall then proceed to announce each total on
each registering counter in the same manner as it was done for the first
canvass. Before the recheck of the voting machine is begun, the two
precinct election officials who are to recheck the totals on the return
sheets shall exchange return sheets and each election official shall
then, as the canvass proceeds, check each total as it is announced from
the registering counters of the voting machine or machines for the
second time. As each total is announced each precinct election official
who is checking the totals on the return sheets shall repeat in a loud
and distinct voice each total as it is announced. If any errors in the
original canvass are discovered they shall be corrected at once in the
presence of all the precinct election officials and a certificate shall
be prepared and signed by each such election official, setting forth
which errors were discovered and what corrections were made, and such
certificate shall be made in duplicate and one filed with each return
sheet. During the process of rechecking each total on the machines, the
precinct election official or officials, if any, who at the original
canvass acted as watcher or watchers at the registering counters of the
machines, shall in the same manner verify the accuracy of each total as
it is announced from the machine or machines and is repeated by the two
precinct election officials who are rechecking the totals as written on
the return sheets. When this recheck is completed the entire precinct
election board shall take one of the return sheets and fold it in
accordion pleats approximately ten inches wide with the face of the
return sheet out, in such a manner that each pleat can easily be turned
as the final recheck proceeds. The entire precinct election board shall
then begin at the voting machine first canvassed and each such election
official shall, simultaneously with the other such election officials,
and in the presence of each other, examine each registering counter on
the voting machine, and immediately examine the corresponding record for
that counter, as it is written on the return sheet, and shall satisfy
himself that both numbers are the same. Each total on each voting
machine shall be as examined and when such examination has been
completed, the entire precinct election board shall then compare each
total on such return sheet with the corresponding total on the duplicate
return sheet and each precinct election official shall satisfy himself
that all totals are the same on both return sheets. Each precinct
election official shall sign a certificate stating that each step in the
canvass of the voting machines, as provided herein, has been carefully
and faithfully carried out in every detail. If any errors are discovered
during the final recheck of the registering counters and comparison of
the duplicate return sheets, such errors shall be corrected at once, and
each precinct election official shall sign a certificate stating which
errors were found and what corrections were made and such corrections
shall be made in the presence of all the precinct election officials.
The precinct election board shall then canvass the irregular ballot in
substantially the same manner as the law provides for canvassing the
returns for paper ballots, and shall record the results thereof on the
return sheets in the space provided for that purpose. Before leaving the
room and before closing and locking the counting compartment, each
precinct election official shall make and sign the certificate and
written statements and the return sheets of such election as provided by
law. In precincts where the voting machines are equipped with the
automatic recording sheet and two or more machines the total vote cast
for each candidate, question or proposition from each machine shall be
recorded separately on the statement of votes as provided for in Section
18-14, and the grand total of all votes appearing on the recording
sheets shall be recorded on the statement of votes and proclaimed by the
judges in the same manner as is herein provided for proclamation of
votes from the return sheets. All vote by mail ballots and irregular ballots
of each voting machine shall be returned to the proper officer together
with the return sheets and certificates and supplies and such vote by mail
ballots and irregular machine ballots shall be preserved and finally
destroyed as is now provided by law when paper ballots are used. The
written statements or returns so made, after having been properly
signed, shall be distinctly and clearly read in the hearing of all
persons present in the polling place, and ample opportunity shall be
given to compare the results so certified with the counter dials of the
machine. After such comparison and correction, if any is made, the
precinct election officials shall then close the counting compartment
and lock the same. Thereafter the voting machine shall remain locked and
sealed against voting for a period of at least 30 days, after the
results of the election have been declared, unless otherwise ordered by
the circuit court: provided, however, upon application to the circuit
court, the circuit judge may order the said machines opened prior to the
thirty day period herein required to be closed. The circuit court in its
order shall specify the manner in which the count recorded on the
machines shall be taken and preserved: provided, however, when the
machines are equipped with any recording or photographic device on which
votes registered on the mechanical counters will be separately recorded
or photographed, as provided in Section 24-18 hereof, and it is
necessary to use said machines at an election occurring within said 30
days, then after the machines have remained locked for a period of 48
hours they may be prepared for such subsequent election as herein
provided. Whenever it is necessary to reset the machines for another
election prior to the time limit for the filing of election contests, it
shall be the duty of the proper officials to make a photographic record
of the machines involved to be used in case of an election contest,
whereupon the machines may be set back to zero and arranged for the next
election.

(Source: P.A. 98-1171, eff. 6-1-15.)
 
(10 ILCS 5/24-17) (from Ch. 46, par. 24-17)
Sec. 24-17.

All of the keys of the machine or machines other than those
automatically sealed in the machine, shall be placed in the envelopes
provided for that purpose, and the envelopes shall be sealed and the
envelopes shall designate the serial number of the voting machine to which
such keys belong, and the number of the precinct and ward in which such
voting machine was used at such election, and such keys shall be returned
along with the written statements or returns of such election.

(Source: Laws 1943, vol. 2, p. 1.)
 
(10 ILCS 5/24-18) (from Ch. 46, par. 24-18)
Sec. 24-18.

A voting machine which passes all of the qualities
required by this Article may be supplied, in addition, with any
recording or photographic device on which the votes registered on the
mechanical counters will be separately recorded or photographed. When a
machine is supplied with a recording device which automatically
registers the votes cast for candidates, questions or propositions, on
separate recording sheets one copy shall be removed at the close of the
polls to record the vote cast for each candidate, question or
proposition and the other recording device shall not be taken out or
examined by the election officers who make returns from the precinct,
but such machine shall be locked with such device therein and so remain
until the record made by such photographic or other device is removed
and prepared for examination by the official canvassing board having
charge of canvassing the returns of such election or primary, and the
official canvassing board shall compare the totals as shown on the
official return sheets with the totals as shown on the photographic or
other device, and see that both such totals are the same. In case such
totals are found not to be the same, such canvassing board shall summon
the precinct election board which made the returns and together these
two official bodies shall make the necessary investigation to ascertain
the true facts and shall then correct the official return sheets as
necessary. The record provided by such photographic or other device
shall be filed along with the official return sheets by the officials
now charged by law with filing and preserving the official return
sheets, and shall be kept so filed for the same length of time as the
law now provides for the filing and preservations of the official return
sheets.

(Source: P.A. 80-1031.)
 
(10 ILCS 5/24-19) (from Ch. 46, par. 24-19)
Sec. 24-19.

No person not an election officer or other public official
shall tamper or attempt to tamper with such voting machine or voting
machines, or in any way intentionally impair or attempt to impair its use,
or attempt any dishonest practice upon any such voting machine, or with or
by its use.

(Source: Laws 1963, p. 2532.)
 
(10 ILCS 5/24-20) (from Ch. 46, par. 24-20)
Sec. 24-20.

No judge of an election or inspector, or any custodian or other
public official authorized to take part in the holding of an election or in
preparing for an election, shall, with intent to cause or permit any voting
machine to fail to register correctly all votes cast thereon; or tamper
with or disarrange such machine in any way or any part or appliance
thereof, or cause or consent to said machine being used for voting at any
election with knowledge of the fact that the same is not in order, or not
perfectly set and adjusted so that it will correctly register all votes
cast thereon; or, with the purpose of defrauding or deceiving any voter or
of causing it to be doubtful for what ticket or candidate or candidates or
proposition any vote is cast, or of causing it to appear on said machine
that the votes cast for one ticket, candidate or proposition, were cast for
another ticket, candidate or proposition, remove, change or mutilate any
ballot label on said machine or any part thereof; or do any other thing
intended to interfere with the validity or accuracy of the election, and
the results thereof, or fraudulently cause an incorrect return of the
election.

(Source: Laws 1963, p. 2532.)
 
(10 ILCS 5/24-22) (from Ch. 46, par. 24-22)
Sec. 24-22.

All the provisions of this Act, not inconsistent with this
Article, shall apply to all the elections in the precincts where such
voting machines are used. Any provisions of law which conflict with the use
of such machine or machines as set forth in this Article, shall not apply
to the precinct or precincts in which an election is conducted by the use
of such machine or machines.

(Source: Laws 1943, vol. 2, p. 1.)
 
(10 ILCS 5/24-23) (from Ch. 46, par. 24-23)
Sec. 24-23.

If any section, paragraph, sentence, or clause of this Article
is for any reason held invalid or to be unconstitutional, such decision
shall not affect the remaining portion of this Article, or any section or
part thereof; if this entire article is held invalid, such invalidity shall
not affect any other article of this Act.

(Source: Laws 1943, vol. 2, p. 1.)

Structure Illinois Compiled Statutes