Illinois Compiled Statutes
10 ILCS 5/ - Election Code.
Article 24B - Electronic, Mechanical Or Electric Voting Systems With Precinct Tabulation Optical Scan Technology Capability

(10 ILCS 5/Art. 24B heading)

 
(10 ILCS 5/24B-1)
Sec. 24B-1.
Purpose.
The purpose of this Article is to
authorize the use of Precinct Tabulation Optical Scan Technology
voting systems approved by the State Board of Elections. In
using Precinct Tabulation Optical Scan Technology, the voters or precinct
judges record votes by means of inserting marked ballots in
scanning and tabulating machines, which machines have voting defect
identification capability, and are so designed that ballots will be counted by
such machines at one or
more counting places. This Article does not apply to voting systems without
voting defect identification technology capability. This Article authorizes
the use of Precinct Tabulation
Optical Scan Technology voting systems for both central counting and
in-precinct counting applications.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-2)
Sec. 24B-2.
Definitions.
As used in this Article:
"Computer", "automatic tabulating equipment" or "equipment"
includes apparatus necessary to automatically examine and count
votes as designated on ballots, and data processing machines
which can be used for counting ballots and tabulating results.
"Ballot" means paper ballot sheets.
"Ballot configuration" means the particular combination of
political subdivision ballots including, for each political
subdivision, the particular combination of offices, candidate
names and questions as it appears for each group of voters who
may cast the same ballot.
"Ballot sheet" means a paper ballot printed on one or both
sides which is (1) designed and prepared so that the voter may
indicate his or her votes in designated areas, which must be
areas clearly printed or otherwise delineated for such purpose,
and (2) capable of having votes marked in the designated areas
automatically examined, counted, and tabulated by an electronic
scanning process.
"Central counting" means the counting of ballots in one or
more locations selected by the election authority for the
processing or counting, or both, of ballots. A location for
central counting shall be within the territorial jurisdiction of
the election authority unless there is no suitable tabulating
equipment available within his territorial jurisdiction.
However, in any event a counting location shall be within this
State.
"Computer operator" means any person or persons designated
by the election authority to operate the automatic tabulating
equipment during any portion of the vote tallying process in an
election, but shall not include judges of election operating vote
tabulating equipment in the precinct.
"Computer program" or "program" means the set of operating
instructions for the automatic tabulating equipment that
examines, counts, tabulates, canvasses and prints votes recorded
by a voter on a ballot.
"Edit listing" means a computer generated listing of the
names of each candidate and proposition as they appear in the
program for each precinct.
"Header sheet" means a data processing document which is
coded to indicate to the computer the precinct identity of the
ballots that will follow immediately and may indicate to the
computer how such ballots are to be tabulated.
"In-precinct counting" means the counting of ballots on
automatic tabulating equipment provided by the election authority
in the same precinct polling place in which those ballots have
been cast.
"Marking device" means a pen, computer, or other device approved by
the State Board of Elections for marking, or causing to be marked, a paper
ballot with ink
or other substance which will enable the ballot to be tabulated
by automatic tabulating equipment or by an electronic
scanning process.
"Precinct Tabulation Optical Scan Technology" means the
capability to examine a ballot through electronic means and
tabulate the votes at one or more counting places.
"Redundant count" means a verification of the original
computer count by another count using compatible equipment or by
hand as part of a discovery recount.
"Security designation" means a printed designation placed on
a ballot to identify to the computer program the offices and
propositions for which votes may be cast and to indicate the
manner in which votes cast should be tabulated while negating any
inadmissible votes.
"Separate ballot", with respect to ballot sheets, means a
separate portion of the ballot sheet which is clearly defined by
a border or borders or shading.
"Specimen ballot" means a representation of names of offices and candidates
and statements of measures to be voted on which will appear on the official
ballot or marking device on election day. The specimen ballot also contains the
party and position number where applicable.
"Voting defect identification" means the capability to
detect overvoted ballots or ballots which cannot be read by the automatic
tabulating equipment.
"Voting defects" means an overvoted ballot, or a ballot
which cannot be read by the automatic tabulating equipment.
"Voting system" or "electronic voting system" means that
combination of equipment and programs used in the casting,
examination and tabulation of ballots and the cumulation and
reporting of results by electronic means.

(Source: P.A. 93-574, eff. 8-21-03.)
 
(10 ILCS 5/24B-3)
Sec. 24B-3.

Adoption, experimentation or abandonment of
Precinct Tabulation Optical Scan Technology system; Boundaries of
precincts; Notice. Except as otherwise provided in this Section,
any county board, board of county commissioners and any board of
election commissioners, with respect to territory within its
jurisdiction, may adopt, experiment with, or abandon a Precinct
Tabulation Optical Scan Technology voting system approved for use
by the State Board of Elections and may use the Precinct
Tabulation Optical Scan Technology voting system in all or some
of the precincts within its jurisdiction, or in combination with
paper ballots or voting machines. Any county board, board
of county commissioners or board of election commissioners may
contract for the tabulation of votes at a location outside its
territorial jurisdiction when there is no suitable tabulating
equipment available within its territorial jurisdiction. In no
case may a county board, board of county commissioners or board
of election commissioners contract or arrange for the purchase,
lease or loan of an electronic Precinct Tabulation Optical Scan
Technology voting system or Precinct Tabulation Optical Scan
Technology voting system component without the approval of the
State Board of Elections as provided by Section 24B-16. However,
the county board and board of county commissioners of each county
having a population of 40,000 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 40,000 or more, with respect to elections under its
jurisdiction, must provide either Precinct Tabulation Optical
Scan Technology voting systems approved for use by the State
Board of Elections under this Article or voting systems under
Article 24A or Article 24 for each precinct for all such
elections except as provided in Section 24-1.2. For purposes of
this Section 24B-3, the term "population" does not include
persons prohibited from voting by Section 3-5 of this Code.
Before any such Precinct Tabulation Optical Scan Technology
system is 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 where the Precinct Tabulation
Optical Scan Technology voting system is to be used. The
election authority shall publish the notice at least once in one
or more newspapers published within the county, or other
jurisdiction, where 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 jurisdiction. 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 offices to
be filled) at which a Precinct Tabulation Optical Scan
Technology electronic voting system will be used.
Dated at.... on (insert date).
This notice referred to shall be given only at the
first election at which the Precinct Tabulation Optical Scan
Technology voting machines or Precinct Tabulation Optical Scan
Technology voting systems are used.

(Source: P.A. 91-357, eff. 7-29-99.)
 
(10 ILCS 5/24B-3.1)
Sec. 24B-3.1.

Retention or consolidation or alteration of
existing precincts; Change of location. When a Precinct
Tabulation Optical Scan Technology electronic voting system is
used, the county board or board of election commissioners may
retain existing precincts or may consolidate, combine, alter,
decrease or enlarge the boundaries of the precincts to
change the number of registered voters of the precincts using the
electronic Precinct Tabulation Optical Scan Technology voting
system, establishing the number of registered voters within each
precinct at a number not to exceed 800 as the appropriate
county board or board of election commissioners determines will
afford adequate voting facilities and efficient and economical
elections.
Except in the event of a fire, flood or total loss of heat
in a place fixed or established pursuant to law by any county
board or board of election commissioners as a polling place for
an election, no election authority shall change the location of a
polling place established for any precinct after notice of the
place of holding the election for that precinct has been given as
required under Article 12 unless the election authority notifies
all registered voters in the precinct of the change in location
by first class mail in sufficient time for the notice to be
received by the registered voters in the precinct at least one
day prior to the date of the election.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-4)
Sec. 24B-4.

Use of Precinct Tabulation Optical Scan Technology
System; Requisites; Applicable procedure. Precinct Tabulation
Optical Scan Technology voting systems may be used in elections
provided that the Precinct Tabulation Optical Scan Technology
systems enable the voter to cast a vote for all offices and on
all measures on which he or she is entitled to vote, and that the
automatic Precinct Tabulation Optical Scan Technology tabulating
equipment may be set to return any ballot sheet on which the number of votes
for an office or proposition exceeds the number of votes which the voter is
entitled to cast, or any ballot sheet which cannot be read by the automatic
tabulating equipment, and provided that such
systems are approved for use by the State Board of Elections.
So far as applicable, the procedure provided for voting
paper ballots shall apply when Precinct Tabulation Optical Scan
Technology electronic voting systems are used. However, the
provisions of this Article 24B will govern when there are
conflicts.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-5)
Sec. 24B-5.
Voting Booths.
In precincts where an electronic
Precinct Tabulation Optical Scan Technology voting system is
used, a sufficient number of voting booths shall be provided for
the use of the systems according to the requirements determined
by the State Board of Elections, and the booths shall be arranged
in the same manner as provided for use with paper ballots. Each
booth shall be placed so that the entrance to each booth
faces a wall in a manner that no judge of election or
pollwatcher is able to observe a voter casting a ballot.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-5.1)
Sec. 24B-5.1.

Instruction of Voters; Instruction
Model; Partiality to Political Party; Manner of Instruction.
Before entering the voting booth each voter shall be offered
instruction in the marking of the Precinct Tabulation Optical
Scan Technology ballot sheet. In instructing voters, no precinct
official may show partiality to any political party. The duties of
instruction shall be discharged by a judge from each of the
political parties represented and they shall alternate serving as
instructor so that each judge shall serve a like time at such
duties. No instructions may be given after the voter has entered
the voting booth.
No precinct official, or person assisting a voter may in any
manner request, suggest, or seek to persuade or induce any voter
to cast his or her vote for any particular ticket, candidate, amendment,
question or proposition. All instructions shall be given by
precinct officials in a manner that it may be observed by
other persons in the polling place.

(Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
 
(10 ILCS 5/24B-5.2)
Sec. 24B-5.2.

Demonstrator Precinct Tabulation Optical Scan
Technology Electronic Voting System; Placement in Public Library.
When an electronic Precinct Tabulation Optical Scan Technology
voting system is used in a forthcoming election, the election
authority may provide, for the purpose of instructing voters in
the election, one demonstrator electronic Precinct Tabulation
Optical Scan Technology voting system for placement in any public
library within the political subdivision where the election
occurs. If the placement of a demonstrator takes place it shall
be made available at least 30 days before the election.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-6)
Sec. 24B-6. Ballot Information; Arrangement; Electronic Precinct
Tabulation Optical Scan Technology Voting System; Vote by Mail
Ballots; Spoiled Ballots. The ballot information, shall, as far
as practicable, be in the order of arrangement provided for paper
ballots, except that the information may be in vertical or
horizontal rows, or on a number of separate pages or displays on the marking
device. Ballots for
all questions or propositions to be voted on should be provided
in a similar manner and must be arranged on the ballot sheet or marking
device in
the places provided for such purposes. Ballots shall be of white
paper unless provided otherwise by administrative rule of the State Board of
Elections or otherwise specified.
All propositions, including but not limited to propositions
calling for a constitutional convention, constitutional
amendment, judicial retention, and public measures to be voted
upon shall be placed on separate portions of the ballot sheet or marking
device by
utilizing borders or grey screens. Candidates shall be listed on
a separate portion of the ballot sheet or marking device by utilizing
borders or
grey screens. Whenever a person has submitted a declaration of intent to be a write-in candidate as required in Sections 17-16.1 and 18-9.1,
a line or lines on which the voter
may select a
write-in candidate shall be printed below the name of the last candidate nominated for such office. Such line or lines shall be proximate to an area provided for marking
votes for the write-in candidate or
candidates. The number of write-in lines for an office shall equal the number
of persons who have filed declarations of intent to be write-in candidates plus an additional line or lines for write-in candidates who qualify to file declarations to be write-in candidates under Sections 17-16.1 and 18-9.1 when the certification of ballot contains the words "OBJECTION PENDING" next to the name of that candidate, up to the number of
candidates
for which a voter may vote. In the case of write-in lines for the offices of Governor and Lieutenant Governor, 2 lines shall be printed within a bracket and a single square shall be printed in front of the bracket. More than one amendment to the constitution may be
placed on the
same portion of the ballot sheet or marking device.
Constitutional convention or constitutional amendment
propositions shall be printed or displayed on a separate portion of the
ballot
sheet or marking device and designated by borders or grey screens, unless
otherwise
provided by administrative rule of the State Board of Elections.
More than one public measure or proposition may be placed on the
same portion of the ballot sheet or marking device. More than
one proposition for retention of judges in office may be placed
on the same portion of the ballot sheet or marking device.
Names of candidates shall be printed in black. The party
affiliation of each candidate or the word "independent" shall
appear near or under the candidate's name, and the names of
candidates for the same office shall be listed vertically under
the title of that office, on separate pages of the marking device, or as
otherwise approved by the State Board of Elections. If no candidate or candidates file for an office and if no person or persons file a declaration as a write-in candidate for that office, then below the title of that office the election authority instead shall print "No Candidate". In the case of
nonpartisan elections
for officers of political subdivisions, unless the statute or an
ordinance adopted pursuant to Article VII of the Constitution
requires otherwise, the listing of nonpartisan candidates
shall not include any party or "independent" designation.
Judicial retention
questions and ballot questions for all public measures and other propositions
shall be designated by borders or grey screens on the ballot or marking
device.
In primary
elections, a separate ballot, or displays on the marking device, shall be
used for each political
party holding a primary, with the ballot or marking device arranged to
include
names of the candidates of the party and public measures and
other propositions to be voted upon on the day of the primary
election.
If the ballot includes both candidates for office and public
measures or propositions to be voted on, the election official in
charge of the election shall divide the ballot or displays on the marking
device in sections for
"Candidates" and "Propositions", or separate ballots may be used.
Vote by Mail ballots may consist of envelopes, paper ballots, or
ballot sheets. Where a
Precinct Tabulation Optical Scan Technology ballot is used for
voting by mail it must be accompanied by voter instructions.
Any voter who spoils his or her ballot, makes an error, or has a ballot
returned by the automatic tabulating equipment may return
the ballot to the judges of election and get another ballot.
(Source: P.A. 98-1171, eff. 6-1-15.)
 
(10 ILCS 5/24B-6.1)
Sec. 24B-6.1.

Ballots; Security Designation; Header
Cards; Precinct Programs. In all elections conducted under
this Article, ballots shall have a security designation. In
precincts where more than one ballot configuration may be voted
upon, ballots shall have a different security designation for
each ballot configuration. If a precinct has only one possible
ballot configuration, the ballots must have a security
designation to identify the election. Where ballots from more
than one precinct are being tabulated, the ballots from each
precinct must be clearly identified; official results shall not be
generated unless the precinct identification for any precinct
corresponds. When the tabulating equipment being used requires
entering the program immediately before tabulating the ballots
for each precinct, the precinct program may be used.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-6.2)
Sec. 24B-6.2. Programming of automatic tabulating equipment. Beginning with the 2014 general election and all primary, consolidated, general, and special elections thereafter, automatic tabulating equipment authorized by this Section and programmed for a primary, consolidated, general, or special election conducted pursuant to general election law shall be programmed using the unique race and candidate ID numbers assigned by the State Board of Elections. The unique race and candidate ID numbers will be provided to the county clerk or election authority, as the case may be, with the candidate certification prepared by the State Board of Elections. In addition, any new voting system approved by the State after the 2014 general election shall have the capability to export the election results by ballot style and group them by precinct in an electronic format prescribed by the State Board of Elections.

(Source: P.A. 98-115, eff. 7-29-13.)
 
(10 ILCS 5/24B-7)
Sec. 24B-7.
Separate Write-In Ballots.
Election authorities
utilizing Precinct Tabulation Optical Scan Technology shall not use
separate write-in ballots. All write-in votes are to be cast on
the ballot sheet.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-8)
Sec. 24B-8.

Preparation for Use; Comparison of Ballots; Operational Checks
of Automatic Precinct Tabulation Optical Scan
Technology Tabulating Equipment; Pollwatchers. The county clerk
or board of election commissioners shall
cause the approved marking devices to be delivered to the polling
places. Before the opening of the polls the judges of election
shall compare the ballots or displays on the marking device used with the
specimen ballots
furnished and see that the names, numbers and letters thereon
agree and shall certify thereto on forms provided by the county
clerk or board of election commissioners.
In addition, in those polling places where in-precinct
Precinct Tabulation Optical Scan Technology counting equipment is
utilized, the judges of election shall make an operational check
of the automatic Precinct Tabulation Optical Scan Technology
tabulating equipment before the opening of the polls. The judges
of election shall ensure that the totals are all zeroes in the
count column on the Precinct Tabulation Optical Scan Technology
unit.
Pollwatchers as provided by law shall be permitted to
closely observe the judges in these procedures and to
periodically inspect the Precinct Tabulation Optical Scan
Technology equipment when not in use by the voters.

(Source: P.A. 93-574, eff. 8-21-03.)
 
(10 ILCS 5/24B-9)
Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
Technology Equipment and Program; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the election
authority shall conduct an errorless pre-test of the automatic
Precinct Tabulation Optical Scan Technology tabulating equipment
and program and marking device to determine that they will correctly detect
Voting
Defects and count the votes cast for all offices and all
measures. On any day not less than 5 days prior to the election
day, the election authority shall publicly test the automatic
Precinct Tabulation Optical Scan Technology tabulating equipment
and program to determine that they will correctly detect Voting
Defects and count the votes cast for all offices and on all
measures. Public notice of the time and place of the test shall
be given at least 48 hours before the test by publishing the notice in
one or more newspapers within the election jurisdiction
of the election authority, if a newspaper is published in that jurisdiction.
If a newspaper is not published in that jurisdiction, notice shall be published
in a newspaper of general circulation in that jurisdiction. Timely
written notice stating the date, time, and location of the public
test shall also be provided to the State Board of Elections. The
test shall be open to representatives of the political parties,
the press, representatives of the State Board of Elections, and
the public. The test shall be conducted by processing a
preaudited group of ballots marked to record a
predetermined number of valid votes for each candidate and on
each measure, and shall include for each office one or more
ballots having votes exceeding the number allowed by law
to test the ability of the automatic tabulating
equipment or marking device to reject the votes. The test shall also
include
producing an edit listing. In those election jurisdictions
where in-precinct counting equipment is used, a public test
of both the equipment and program shall be conducted as nearly
as possible in the manner prescribed above. The State Board of
Elections may select as many election jurisdictions as the Board
deems advisable in the interests of the election process of this
State, to order a special test of the automatic
tabulating equipment and program before any regular election.
The Board may order a special test in any election jurisdiction
where, during the preceding 12 months, computer programming
errors or other errors in the use of electronic voting systems
resulted in vote tabulation errors. Not
less than 30 days before any election, the State Board of
Elections shall provide written notice to those selected
jurisdictions of their intent to conduct a test. Within 5 days
of receipt of the State Board of Elections' written notice of
intent to conduct a test, the selected jurisdictions shall
forward to the principal office of the State Board of Elections a
copy of all specimen ballots. The State Board of Elections'
tests shall be conducted and completed not less than 2 days before
the public test and under the supervision of the Board. The vendor, person, or other private entity shall be solely responsible for the production and cost of: all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software. After an
errorless test, materials used in the public test, including the
program, if appropriate, shall be sealed and remain sealed until the
test is run again on election day. If any error is detected, the
cause of the error shall be determined and corrected, and an
errorless public test shall be made before the automatic
tabulating equipment is approved. Each election authority shall
file a sealed copy of each tested program to be used within its
jurisdiction at an election with the State Board of Elections
before the election. The Board shall secure the program or
programs of each election jurisdiction so filed in its office until the next election of the same type (general primary, general election, consolidated primary, or consolidated election) for which the program or programs were filed. At the expiration of that time, if no election
contest or appeal is pending in an election
jurisdiction, the Board shall destroy the sealed program or
programs. Except
where in-precinct counting equipment is used, the test shall
be repeated immediately before the start of the official counting
of the ballots, in the same manner as set forth above. After the
completion of the count, the test shall be re-run using the same
program. Immediately after the re-run, all material
used in testing the program and the programs shall be sealed
and retained under the custody of the election authority for a
period of 60 days. At the expiration of that time the election
authority shall destroy the voted ballots, together with all
unused ballots returned from the precincts. Provided, if any
contest of election is pending at the time in which the ballots
may be required as evidence and the election authority has
notice of the contest, the same shall not be destroyed until after the
contest is finally determined. If the use of back-up equipment
becomes necessary, the same testing required for the original
equipment shall be conducted.

(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
 
(10 ILCS 5/24B-9.1)
Sec. 24B-9.1. Examination of Votes by Electronic Precinct
Tabulation Optical Scan Technology Scanning Process or other authorized
electronic process; definition of a vote.
(a) Examination of Votes by Electronic Precinct Tabulation Optical Scan
Technology Scanning Process. Whenever a
Precinct Tabulation Optical Scan Technology process is used
to automatically examine and count the votes on ballot sheets,
the provisions of this Section shall apply. A voter shall cast a
proper vote on a ballot sheet by making a mark, or causing a mark to be
made, in the designated
area for the casting of a vote for any party or candidate or for
or against any proposition. For this purpose, a mark is an
intentional darkening of the designated area on the ballot,
and not an identifying mark.
(b) For any ballot sheet that does not register a vote for one or more
ballot positions on the ballot sheet on a Electronic Precinct Tabulation
Optical Scan Technology Scanning Process, the following shall constitute a vote
on the ballot sheet:
(c) For other electronic voting systems that use a computer as the marking
device to mark a ballot sheet, the bar code found on the ballot sheet shall
constitute the votes found on the ballot. If, however, the county clerk or
board of election commissioners determines that the votes
represented by the tally on the bar code for one or more ballot positions is
inconsistent with the votes represented by numerical ballot positions
identified on the ballot sheet produced using a computer as the marking device,
then the numerical ballot positions identified on the ballot sheet shall
constitute the votes for purposes of any official canvass or recount
proceeding. An electronic voting system that uses a computer as the marking
device to mark a ballot sheet shall be capable of producing a ballot sheet that
contains all numerical ballot positions selected by the voter,
and provides a place for the voter to cast a write-in vote for a candidate
for a particular numerical ballot position.
(d) The election authority shall provide an envelope, sleeve or
other device to each voter so the voter can
deliver the voted ballot sheet to the counting equipment and
ballot box without the votes indicated on the ballot sheet being
visible to other persons in the polling place.

(Source: P.A. 95-331, eff. 8-21-07.)
 
(10 ILCS 5/24B-10)
Sec. 24B-10. Receiving, counting, tallying and return of
ballots; acceptance of ballots by election authority.
(a) In an election jurisdiction which has adopted an electronic Precinct
Tabulation Optical Scan Technology voting system, the election
official in charge of the election shall select one of the 3
following procedures for receiving, counting, tallying, and
return of the ballots:
(b) Regardless of which procedure described in subsection
(a) of this Section is used, the judges of election designated to
transport the ballots properly signed and sealed,
shall ensure that the ballots are delivered to the
central counting station no later than 12 hours after the polls
close. At the central counting station, a team of tally judges
designated by the election official in charge of the election
shall examine the ballots so transported and shall not accept
ballots for tabulating which are not signed and sealed as
provided in subsection (a) of this Section until the judges
transporting the ballots make and sign the necessary corrections.
Upon acceptance of the ballots by a team of tally judges at the
central counting station, the election judges transporting the
ballots shall take a receipt signed by the election official in
charge of the election and stamped with the date and time of
acceptance. The election judges whose duty it is to transport
any ballots shall, in the event the ballots cannot be found when
needed, on proper request, produce the receipt which they are to
take as above provided.

(Source: P.A. 102-819, eff. 5-13-22.)
 
(10 ILCS 5/24B-10.1)
Sec. 24B-10.1. In-precinct counting equipment; procedures for counting and
tallying ballots. In an election
jurisdiction where Precinct Tabulation Optical Scan Technology
counting equipment is used, the following procedures for
counting and tallying the ballots shall apply:
Before the opening of the polls, and before the ballots are
entered into the automatic tabulating equipment, the judges of
election shall be sure that the totals are all zeros in the
counting column. Ballots may then be counted by entering or scanning
each ballot into the automatic tabulating equipment.
Throughout the election day and before the closing of the polls, no person
may check any vote totals for any candidate or proposition on the automatic
tabulating equipment. Such automatic tabulating equipment shall be programmed
so that no person may reset the equipment for refeeding of ballots unless
provided a code from an authorized representative of the election
authority.
At the option of the election authority, the ballots may be fed into the
Precinct Tabulation Optical Scan Technology
equipment by the voters under the direct
supervision of the judges of elections.
Immediately after the closing of the polls, the precinct judges of election shall open the ballot box
and count the number of ballots to determine if the
number agrees with the number of voters voting as shown on the
Precinct Tabulation Optical Scan Technology equipment and by the
applications for ballot or, if the same do not agree, the judges
of election shall make the ballots agree with the applications
for ballot in the manner provided by Section 17-18 of this Code.
The judges of election shall then examine all ballots which are
in the ballot box to determine whether the ballots contain the
initials of a precinct judge of election. If any ballot is not
initialed, it shall be marked on the back "Defective", initialed
as to such label by all judges immediately under the word
"Defective" and not counted. The judges of election shall place
an initialed blank official ballot in the place of the defective
ballot, so that the count of the ballots to be counted
on the automatic tabulating equipment will be the same, and each
"Defective Ballot" and "Replacement" ballot shall contain the
same serial number which shall be placed thereon by the judges of
election, beginning with number 1 and continuing consecutively
for the ballots of that kind in that precinct. The original
"Defective" ballot shall be placed in the "Defective Ballot
Envelope" provided for that purpose.
If the judges of election have removed a ballot pursuant to Section 17-18,
have labeled "Defective" a ballot which is not initialed, or have otherwise
determined under this Code to not count a ballot originally deposited into a
ballot box, the judges of election shall be sure that the totals on the
automatic tabulating equipment are reset to all zeros in the counting column.
Thereafter the judges of election shall enter or otherwise scan each ballot
to be counted in the
automatic tabulating equipment. Resetting the automatic tabulating equipment
to all zeros and re-entering of ballots to be counted may occur at the precinct
polling place, the office of the election authority, or any receiving station
designated by the election authority. The election authority shall designate
the place for resetting and re-entering or re-scanning.
When a Precinct Tabulation Optical Scan Technology
electronic voting system is used which uses a paper ballot,
the judges of election shall examine the ballot for write-in
votes. When the voter has cast a write-in vote, the judges of
election shall compare the write-in vote with the votes on the
ballot to determine whether the write-in results in an overvote
for any office, unless the Precinct Tabulation Optical Scan
Technology equipment has already done so. In case of an overvote
for any office, the judges of election, consisting in each case
of at least one judge of election of each of the 2 major
political parties, shall make a true duplicate ballot of all
votes on such ballot except for the office which is
overvoted, by using the ballot of the precinct and one of the
marking devices, or equivalent ballot, of the precinct so as to transfer
all votes
of
the voter, except for the office overvoted, to a duplicate
ballot. The original ballot upon which there is an overvote
shall be clearly labeled "Overvoted Ballot", and each such
"Overvoted Ballot" as well as its "Replacement" shall contain the
same serial number which shall be placed thereon by the judges of
election, beginning with number 1 and continuing consecutively
for the ballots of that kind in that precinct. The "Overvoted
Ballot" shall be placed in an envelope provided for that purpose
labeled "Duplicate Ballot" envelope, and the judges of election
shall initial the "Replacement" ballots and shall place them with
the other ballots to be counted on the automatic tabulating
equipment.
If any ballot is damaged, defective, or if any ballot
otherwise contains a Voting Defect, so that it cannot properly be counted
by the automatic tabulating equipment, the voter or the judges of
election, consisting in each case of at least one judge of
election of each of the 2 major political parties, shall make a
true duplicate ballot of all votes on such ballot by using the
ballot of the precinct and one of the marking devices of the
precinct, or equivalent. If a damaged ballot, the original ballot shall be
clearly labeled "Damaged Ballot" and the ballot so produced shall
be clearly labeled "Damaged Ballot" and the ballot
so produced shall be clearly labeled "Duplicate Damaged Ballot", and each
shall contain the same serial number which shall be placed
by the judges of election, beginning with number 1 and
continuing consecutively for the ballots of that kind in the
precinct. The judges of election shall initial the "Duplicate
Damaged Ballot" ballot and shall enter or otherwise scan the duplicate
damaged
ballot into the automatic tabulating equipment. The "Damaged
Ballots" shall be placed in the "Duplicated Ballots" envelope;
after all ballots have been successfully read, the judges of
election shall check to make certain that the Precinct Tabulation
Optical Scan Technology equipment readout agrees with the number
of voters making application for ballot in that precinct. The
number shall be listed on the "Statement of Ballots" form
provided by the election authority.
The totals for all candidates and propositions shall be tabulated. One copy of an "In-Precinct Totals Report" shall be generated by the automatic tabulating equipment for return to the election authority. One copy of an "In-Precinct Totals Report" shall be generated and posted in a conspicuous place inside the polling place, provided that any authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots is present.
The judges of election shall
provide, if requested, a copy
for each authorized pollwatcher or other official authorized to
be present in the polling place to observe the counting of
ballots. In addition, sufficient time shall be
provided by the judges of election to the pollwatchers to allow
them to copy information from the copy which has been posted.
The judges of election shall count all unused ballots and
enter the number on the "Statement of Ballots". All "Spoiled",
"Defective" and "Duplicated" ballots shall be counted and the
number entered on the "Statement of Ballots".
The precinct judges of election shall select a bi-partisan
team of 2 judges, who shall immediately return the ballots in a
sealed container, along with all other election materials as
instructed by the election authority; provided, however, that
such container must first be sealed by the election judges with
filament tape or other approved sealing devices provided for the
purpose which shall be wrapped around the container lengthwise
and crosswise, at least twice each way, in a manner that the
ballots cannot be removed from the container without breaking
the seal and filament tape and disturbing any signatures affixed
by the election judges to the container, or which other approved
sealing devices are affixed in a manner approved by the election
authority. The election authority shall keep the office of the
election authority or any receiving stations designated by the
authority, open for at least 12 consecutive hours after the polls
close or until the ballots from all precincts with in-precinct
counting equipment within the jurisdiction of the election
authority have been returned to the election authority. Ballots
returned to the office of the election authority which are not
signed and sealed as required by law shall not be accepted by the
election authority until the judges returning the ballots make and
sign the necessary corrections. Upon acceptance of the ballots
by the election authority, the judges returning the ballots shall
take a receipt signed by the election authority and stamped with
the time and date of the return. The election judges whose duty
it is to return any ballots as provided shall, in the
event the ballots cannot be found when needed, on proper
request, produce the receipt which they are to take as above
provided. The precinct judges of election shall also deliver
the Precinct Tabulation Optical Scan Technology equipment to the
election authority.

(Source: P.A. 102-819, eff. 5-13-22.)
 
(10 ILCS 5/24B-11)
Sec. 24B-11. Proceedings at location for central
counting; employees; approval of list. All proceedings at the location for
central counting shall be under the direction of the county clerk
or board of election commissioners. Except
for any specially trained technicians required for the operation
of the automatic Precinct Tabulation Optical Scan Technology
tabulating equipment, the employees at the counting station shall
be equally divided between members of the 2 leading political
parties and all duties performed by the employees shall be by
teams consisting of an equal number of members of each political
party. Thirty days before an election the county clerk or board
of election commissioners shall submit to the chair of each
political party, for his or her approval or disapproval, a list of
persons of his or her party proposed to be employed. If a chair
fails to notify the election authority of his or her disapproval of any
proposed employee within a period of 10 days thereafter the list
shall be deemed approved.

(Source: P.A. 100-1027, eff. 1-1-19.)
 
(10 ILCS 5/24B-13)
Sec. 24B-13.

Tabulating Votes; Direction; Presence of Public; Computer
Operator's Log and Canvass. The procedure for
tabulating the votes by the automatic Precinct Tabulation Optical
Scan Technology tabulating equipment shall be under the direction
of the election authority and shall conform to the requirements
of the automatic Precinct Tabulation Optical Scan Technology
tabulating equipment. During any election-related activity
using the automatic Precinct Tabulation Optical Scan
Technology tabulating equipment, the election authority shall
make a reasonable effort to dedicate the equipment to vote
processing to ensure the security and integrity of the
system.
A reasonable number of pollwatchers shall be admitted to the
counting location. Persons may observe the tabulating process at
the discretion of the election authority; however, at least one
representative of each established political party and authorized
agents of the State Board of Elections shall be permitted to
observe this process at all times. No persons except those
employed and authorized for the purpose shall touch any ballot,
ballot box, return, or equipment.
The computer operator shall be designated by the election
authority and shall be sworn as a deputy of the election
authority. In conducting the vote tabulation and canvass, the
computer operator must maintain a log which shall include the
following information:
The computer operator's log and canvass shall be available
for public inspection in the office of the election authority for
a period of 60 days following the proclamation of election
results. A copy of the computer operator's log and the canvass
shall be transmitted to the State Board of Elections upon its
request and at its expense.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-14)
Sec. 24B-14. Damaged, defective, or unreadable ballots; duplicates. If any ballot is
damaged, defective, or cannot otherwise properly be counted by the
automatic Precinct Tabulation Optical Scan Technology tabulating
equipment, a true duplicate copy shall be made of the
ballot in the presence of witnesses and substituted for the
original ballot. Likewise, a duplicate ballot shall not include the invalid votes appearing on the original ballot. All
duplicate ballots shall be clearly labeled "Duplicate", shall
bear a serial number which shall be registered on the damaged,
defective, or otherwise unreadable ballot, and shall be counted in lieu of the damaged,
defective, or otherwise unreadable ballot.

(Source: P.A. 102-819, eff. 5-13-22.)
 
(10 ILCS 5/24B-15)
Sec. 24B-15. Official return of precinct; check of totals; retabulation. The precinct return printed by the automatic
Precinct Tabulation Optical Scan Technology tabulating equipment
shall include the number of ballots cast
and votes cast for each candidate and proposition and shall
constitute the official return of each precinct. In addition to the precinct
return, the election
authority shall provide the number of applications for ballots in
each precinct, the write-in votes, the total number of ballots
counted in each precinct for each political subdivision and
district and the number of registered voters in each precinct.
However, the election authority shall check the totals shown by
the precinct return and, if there is an obvious discrepancy regarding
the total number of votes cast in any precinct, shall
have the ballots for that precinct retabulated to correct the
return.
The procedures for retabulation shall apply prior to and after the
proclamation is completed; however, after the proclamation of results, the
election authority must obtain a court order to unseal voted ballots except for
election contests and discovery recounts.
In those election jurisdictions that use in-precinct
counting equipment, the certificate of results, which has been
prepared by the judges of election after the
ballots have been tabulated, shall be the document used for the
canvass of votes for such precinct. Whenever a discrepancy
exists during the canvass of votes between the unofficial results
and the certificate of results, or whenever a discrepancy exists
during the canvass of votes between the certificate of results
and the set of totals which has been affixed to the certificate
of results, the ballots for that precinct shall be retabulated to
correct the return. As an additional part of this check prior to
the proclamation, in those jurisdictions where in-precinct
counting equipment is used, the election authority shall
retabulate the total number of votes cast in 5% of the precincts
within the election jurisdiction, as well as 5% of the voting devices used in early voting. The precincts and the voting devices to be
retabulated shall be selected after election day on a random
basis by the State Board of Elections, so that every precinct in the
election jurisdiction and every voting device used in early voting has an equal mathematical chance of being
selected. The State Board of Elections shall design a standard
and scientific random method of selecting the precincts and voting devices which are
to be retabulated. The State central committee chair of each established political party
shall be given prior written notice
of the time and place of the random selection procedure and may
be represented at the procedure. The retabulation shall
consist of counting the ballots which were originally counted and
shall not involve any determination of which ballots were, in
fact, properly counted. The ballots from the precincts selected
for the retabulation shall remain at all times under the custody
and control of the election authority and shall be transported
and retabulated by the designated staff of the election
authority.
As part of the retabulation, the election authority shall
test the computer program in the selected precincts and on the selected early voting devices. The test
shall be conducted by processing a preaudited group of ballots
marked to record a predetermined number of valid votes for
each candidate and on each public question, and shall include for
each office one or more ballots which have votes in excess of the
number allowed by law to test the ability of the
equipment and the marking device to reject such votes. If any error is
detected, the
cause shall be determined and corrected, and an
errorless count shall be made prior to the official canvass and
proclamation of election results.
The State Board of Elections, the State's Attorney and other
appropriate law enforcement agencies, the county chair of each
established political party and qualified civic organizations
shall be given prior written notice of the time and place of the
retabulation and may be represented at the retabulation.
The results of this retabulation shall be treated in the
same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Code.
Upon completion of the retabulation, the election authority shall
print a comparison of the results of the retabulation with the
original precinct return printed by the automatic tabulating
equipment. The comparison shall be done for each precinct and for each early voting device selected for testing and
for each office voted upon within that precinct or on that voting device, and the
comparisons shall be open to the public. Upon completion of the
retabulation, the returns shall be open to the public.

(Source: P.A. 100-1027, eff. 1-1-19.)
 
(10 ILCS 5/24B-15.01)
Sec. 24B-15.01.

Transporting Ballots to Central Counting
Station; Container. Upon completion of the tabulation and
retabulation of votes pursuant to Sections 24B-11 through 24B-15,
the ballots from each precinct shall be replaced in the container
in which they were transported to the central counting station.
If the container is not a type which may be securely locked,
then each container, before being transferred from the
counting station to storage, shall be sealed with filament tape
wrapped around the container lengthwise and crosswise, at least
twice each way, and in a manner that the ballots cannot be
removed from the container without breaking the tape.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-15.1)
Sec. 24B-15.1. Discovery recounts and election contests.
Except as provided, discovery recounts and election
contests shall be conducted as otherwise provided for in
this Code. The automatic Precinct Tabulation
Optical Scan Technology tabulating equipment shall be tested
prior to the discovery recount or election contest as provided in
Section 24B-9, and then the official ballots shall be recounted
on the automatic tabulating equipment. In addition, (a) the
ballots shall be checked for the presence or absence of judges'
initials and other distinguishing marks, and (b) the ballots
marked "Rejected", "Defective", "Objected To", "Early Ballot", and "Vote by Mail
Ballot" shall be examined to determine the propriety of the
labels, and (c) the "Duplicate Vote by Mail Ballots", "Duplicate
Overvoted Ballots", "Duplicate Early Ballot", and "Duplicate Damaged Ballots" shall be
compared with their respective originals to determine the
correctness of the duplicates.
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted. The
additional costs of a redundant count shall be borne by the
requesting party.
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
election contest.

(Source: P.A. 98-1171, eff. 6-1-15.)
 
(10 ILCS 5/24B-16)
Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
Technology Voting Systems; Requisites. The State Board of
Elections shall approve all Precinct Tabulation Optical Scan
Technology voting systems provided by this Article.
No Precinct Tabulation Optical Scan Technology voting system
shall be approved unless it fulfills the following requirements:
The State Board of Elections shall not approve any voting equipment or system that includes an external Infrared Data Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its
approval of a Precinct Tabulation Optical Scan Technology voting
system if the system fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely responsible for the production and cost of: all application fees; all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software.
Any voting system vendor, person, or other private entity seeking the State Board of Elections' approval of a voting system shall, as part of the approval application, submit to the State Board a non-refundable fee. The State Board of Elections by rule shall establish an appropriate fee structure, taking into account the type of voting system approval that is requested (such as approval of a new system, a modification of an existing system, the size of the modification, etc.). No voting system or modification of a voting system shall be approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or loan, or have a written contract, including a contract contingent upon State Board approval of the voting system or voting system component, to sell, lease, or loan, a
voting system or Precinct Tabulation Optical Scan Technology
voting system component to any election jurisdiction unless the
voting system or voting system component is first approved by the
State Board of Elections pursuant to this Section.

(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
(10 ILCS 5/24B-17)
Sec. 24B-17.
Rules; Number of Voting Booths.
The State Board
of Elections may make reasonable rules for the administration of
this Article and may prescribe the number of voting booths
required for the various types of voting systems.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-18)
Sec. 24B-18.
Specimen Ballots; Publication.
When an
electronic Precinct Tabulation Optical Scan Technology voting
system is used, the election authority shall cause to be
published, at least 5 days before the day of each general and
general primary election, in 2 or more newspapers published in
and having a general circulation in the county, a true and
legible copy of the specimen ballot. A true legible copy may be
in the form of an actual size ballot and shall be published as
required by this Section if distributed in 2 or more newspapers
published and having a general circulation in the county as an
insert. For each election prescribed in Article 2A of
this Code, specimen ballots shall be made available for
public distribution and shall be supplied to the judges of
election for posting in the polling place on the day of election.
Notice for the nonpartisan and consolidated elections shall be
given as provided in Article 12.

(Source: P.A. 93-574, eff. 8-21-03.)
 
(10 ILCS 5/24B-19)
Sec. 24B-19.
Additional Method of Voting.
The foregoing
Sections of this Article shall be deemed to provide a method of
voting in addition to the methods otherwise provided in this
Code.

(Source: P.A. 89-394, eff. 1-1-97.)
 
(10 ILCS 5/24B-20)
Sec. 24B-20. Voting Defect Identification
Capabilities. An election authority is
required to use the Voting Defect Identification capabilities of
the
automatic tabulating equipment when used in-precinct, including both the capability of identifying an under-vote and the capability of identifying an over-vote.

(Source: P.A. 95-699, eff. 11-9-07.)

Structure Illinois Compiled Statutes