Sen. Neil Anderson
Filed: 2/23/2023
 
 


 




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1
AMENDMENT TO SENATE BILL 127 




2 AMENDMENT NO. ______. Amend Senate Bill 127 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Election Code is amended by changing 
5Sections 17-11, 18A-218.20, 19A-25.5, 23-50, 24A-2, 24A-16, 
624B-2, and 24B-9.1 and by adding Sections 1-22 and 24-0.5 as 
7follows:

8 (10 ILCS 5/1-22 new)
9 Sec. 1-22. Voting machines and voting systems. Only voting 
10machines or voting systems approved by the State Board of 
11Elections, as allowed under this Code, may be used by an 
12election authority.




13 (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)



14 Sec. 17-11. On receipt of his ballot the voter shall 
15forthwith, and
without leaving the inclosed space, retire 
 
 
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1alone, or accompanied by children as provided in Section 17-8,

2to one of the voting
booths so provided and shall prepare his 
3ballot by making in the
appropriate margin or place a cross (X) 
4opposite the name of the
candidate of his choice for each 
5office to be filled, or by writing in
the name of the candidate 
6of his choice in a blank space on said ticket,
making a cross 
7(X) opposite thereto; and in case of a question submitted
to 
8the vote of the people, by making in the appropriate margin or 
9place
a cross (X) against the answer he desires to give. A 
10cross (X) in the
square in front of the bracket enclosing the 
11names of a team of
candidates for Governor and Lieutenant 
12Governor counts as one vote for
each of such candidates. 
13Before leaving the voting booth the voter shall fold
his

14ballot in such manner as to conceal the marks thereon. He shall 
15then
vote forthwith in the manner herein provided, except that 
16the number
corresponding to the number of the voter on the poll 
17books shall not be
indorsed on the back of his ballot. He shall 
18mark and deliver his ballot
without undue delay, and shall 
19quit said inclosed space as soon as he
has voted; except that 
20immediately after voting, the voter shall be instructed 
21whether the voting equipment, if used, accepted or rejected 
22the ballot or identified the ballot as under-voted for a 
23statewide constitutional office. A voter whose ballot is 
24identified as under-voted may return to the voting booth and 
25complete the voting of that ballot. A voter whose ballot is not 
26accepted by the voting equipment may, upon surrendering the 
 
 
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1ballot, request and vote another ballot. The voter's 
2surrendered ballot shall be initialed by the election judge 
3and handled as provided in the appropriate Article governing 
4that voting equipment. 
5 No voter shall be allowed to occupy a voting booth already

6occupied by another, nor remain within said inclosed space 
7more than ten
minutes, nor to occupy a voting booth more than 
8five minutes in case all
of said voting booths are in use and 
9other voters waiting to occupy the
same. No voter not an 
10election officer, shall, after having voted, be
allowed to 
11re-enter said inclosed space during said election. No person

12shall take or remove any ballot from the polling place before 
13the close
of the poll. No voter shall vote or offer to vote any 
14ballot except such
as he has received from the judges of 
15election in charge of the ballots.
Any voter who shall, by 
16accident or mistake, spoil his ballot, may, on
returning said 
17spoiled ballot, receive another in place thereof only after

18the word "spoiled" has been written in ink diagonally across 
19the entire
face of the ballot returned by the voter.

20 Where voting machines or electronic voting systems are 
21used, the
provisions of this section may be modified as 
22required or authorized by
Article 24,
24A, or 24B, or 24C, 
23whichever is applicable, except that the requirements of this 
24Section that (i) the voter must be notified of the voting 
25equipment's acceptance or rejection of the voter's ballot or 
26identification of an under-vote for a statewide constitutional 
 
 
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1office and (ii) the voter shall have the opportunity to 
2correct an under-vote or surrender the ballot that was not 
3accepted and vote another ballot shall not be modified.

4(Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)


5 (10 ILCS 5/18A-218.20)
6 Sec. 18A-218.20. Counting procedures for provisional 
7ballots cast in an incorrect precinct within the same election 
8authority's jurisdiction.
9 (a) The election authority shall:
10  (1) transmit to the State Board of Elections the 
11 provisional voter's identifying information and voting 
12 jurisdiction within 2 calendar days. Following that, and 
13 subject to paragraph (2) below, if the election authority 
14 having jurisdiction over the provisional voter determines 
15 that the voter has cast a provisional ballot in an 
16 incorrect precinct, the ballot shall still be counted 
17 using the procedures established in subsection (b) of this 
18 Section or Section 18A-218.30 if applicable. Jurisdictions 
19 that use election machines authorized pursuant to Article 
20 24C of this Code for casting provisional ballots may vary 
21 procedures of this Section and Section 18A-218.30 as 
22 appropriate for the counting of provisional ballots cast 
23 on those machines.
24  (2) determine whether the voter was entitled to cast a 
25 provisional ballot. The voter is entitled to cast a 
 
 
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1 provisional ballot if:
2   (A) the affidavit executed by the voter contains, 
3 at a minimum, the provisional voter's first and last 
4 name, house number and street name, and signature or 
5 mark;
6   (B) the provisional voter is a registered voter 
7 based on information available to the county clerk or 
8 board of election commissioners provided by or 
9 obtained from the provisional voter, an election 
10 judge, the Statewide voter registration database 
11 maintained by the State Board of Elections, the 
12 records of the county clerk or board of election 
13 commissioners' database, or the records of the 
14 Secretary of State or the voter is attempting to 
15 register but lacks the necessary documentation; and
16   (C) the provisional voter did not vote using the 
17 vote by mail ballot and did not vote during the period 
18 for early voting.
19 (b) Once it has been determined by the election authority 
20that the voter was entitled to vote a provisional ballot, even 
21though it had been cast in an incorrect precinct, the election 
22authority shall select a team or teams of 2 duly commissioned 
23election judges, one from each of the two leading established 
24political parties in Illinois, to count the votes that are 
25eligible to be cast on the provisional ballot. In those 
26jurisdictions that use election officials as defined in 
 
 
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1subsection (h) of Section 18A-15 of this Code, these duties 
2may be performed by those election officials.
3  (1) Votes cast for Statewide offices, the Office of 
4 President of the United States (including votes cast in 
5 the Presidential Preference Primary), and United States 
6 Senate shall be counted on all provisional ballots cast in 
7 the incorrect precinct.
8  (2) Votes cast for Representative in Congress, 
9 delegate or alternate delegate to a national nominating 
10 convention, State Senator, State Representative, or 
11 countywide, citywide, villagewide, or township office 
12 shall be counted if it is determined by the election 
13 judges or officials that the voter would have been 
14 entitled to vote for one or more of these offices had the 
15 voter voted in the precinct in which he or she is 
16 registered to vote (the correct precinct) and had the 
17 voter voted a ballot of the correct ballot style 
18 containing all the offices and candidates for which the 
19 voter was entitled to cast a ballot (the correct ballot 
20 style). This determination shall be made by comparing a 
21 sample ballot of the correct ballot style with the actual 
22 provisional ballot cast by the voter. If the same office 
23 (including the same district number for a Congressional, 
24 Legislative or Representative district) appears on both 
25 the correct ballot style sample ballot and the provisional 
26 ballot cast by the voter, votes for that office shall be 
 
 
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1 counted. All votes cast for any remaining offices (offices 
2 for which the voter would not have been entitled to vote 
3 had he or she voted in the correct precinct) shall not be 
4 counted.
5  (3) No votes shall be counted for an office when the 
6 voter voted for more candidates than he or she was 
7 allowed.
8  (4) Once it has been determined which offices are to 
9 be counted and the provisional ballot contains no other 
10 votes, the provisional ballot shall be counted pursuant to 
11 the procedures set forth in this subsection (b).
12  (5) If a provisional ballot does not contain any valid 
13 votes, the provisional ballot shall be marked invalid and 
14 shall not be counted.
15  (6) Any provisional voting verification system 
16 established by an election authority shall inform the 
17 provisional voter that his or her provisional ballot was 
18 partially counted because it was cast in an incorrect 
19 precinct.
20  (7) If a provisional ballot only contains votes cast 
21 for eligible offices, and does not contain any votes cast 
22 for ineligible offices, the ballot may be tabulated 
23 without having to be remade.
24  (8) If a provisional ballot contains both valid votes 
25 that must be counted and invalid votes that cannot be 
26 counted, : (A) the election judges, consisting in each 
 
 
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1 case of at least one of each of the 2 leading political 
2 parties, shall, if the provisional ballot was cast on a 
3 paper ballot sheet, proceed to remake the voted ballot 
4 onto a blank ballot that includes all of the offices for 
5 which valid votes were cast, transferring only valid 
6 votes. The original provisional ballot shall be marked 
7 "Original Provisional Ballot" with a serial number 
8 commencing at "1" and continuing consecutively for ballots 
9 of that kind in the precinct. The duplicate provisional 
10 ballot shall be marked "Duplicate Provisional Ballot" and 
11 be given the same serial number as the original ballot 
12 from which it was duplicated. The duplicate provisional 
13 ballot shall then be treated in the same manner as other 
14 provisional ballots.
15   (B) if the provisional ballot was cast on a direct 
16 recording electronic voting device, the election 
17 judges shall mark the original provisional ballot as a 
18 partially counted defective electronic provisional 
19 ballot because it was cast in the incorrect precinct 
20 (or bear some similar notation) and proceed to either:
21    (i) remake the voted ballot by transferring 
22 all valid votes to a duplicate paper ballot sheet 
23 of the correct ballot style, marking the duplicate 
24 ballot "Duplicate Electronic Provisional Ballot" 
25 and then counting the duplicate provisional ballot 
26 in the same manner as the other provisional 
 
 
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1 ballots marked on paper ballot sheets; or
2    (ii) transfer, or cause to be transferred, all 
3 valid votes electronically to the correct 
4 precinct, which shall be counted and added to the 
5 vote totals for the correct precinct, excluding 
6 any votes that cannot be counted. If this method 
7 is used, a permanent paper record must be 
8 generated for both the defective provisional 
9 ballot and the duplicate electronic provisional 
10 ballot.
11 (c) For provisional ballots cast at a partisan primary 
12election, the judges shall use a duplicate ballot of the 
13correct ballot style for the same political party as the 
14ballot chosen by the voter.
15 (d) At least one qualified pollwatcher for each candidate, 
16political party, and civic organization, as authorized by 
17Section 17-23 of this Code, shall be permitted to observe the 
18ballot remaking process. 

19(Source: P.A. 98-1171, eff. 6-1-15.)

20 (10 ILCS 5/19A-25.5)

21 Sec. 19A-25.5. Voting machines, automatic tabulating 
22equipment, and
precinct
tabulation optical scan technology 
23voting equipment.
24 (a) In all jurisdictions in which voting machines are 
25used, the provisions
of this Code that are not inconsistent 
 
 
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1with this Article relating to the
furnishing of ballot boxes, 
2printing and furnishing ballots and supplies, the
canvassing 
3of ballots, and the making of returns, apply with full force 
4and
effect to the extent necessary to make this Article 
5effective, provided that
the number of ballots to be printed 
6shall be in the discretion of the election
authority, and 
7provided further that early ballots shall not be counted until 
8after the polls are closed on election day.

9 (b) If the election authority has adopted the use of 
10automatic tabulating
equipment under Article 24A of this Code, 
11and the provisions of that Article
are in conflict with the

12provisions of this Article 19A, the provisions of Article 24A 
13shall govern the
procedures followed by the election 
14authority, its judges of election, and all
employees and 
15agents; provided that early ballots shall be counted at the 
16election authority's central ballot counting location and 
17shall not be counted until after the polls are closed on 
18election day.

19 (c) If the election authority has adopted the use of 
20tabulation
optical scan technology voting equipment under 
21Article 24B of this Code, and
the provisions of that Article 
22are in conflict with the provisions of this
Article 19A, the 
23provisions of Article 24B shall govern the procedures followed

24by the election authority, its judges of election, and all 
25employees and
agents; provided that early ballots shall be 
26counted at the election authority's central ballot counting 
 
 
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1location and shall not be counted until after the polls are 
2closed on election day.


3 (d) (Blank). If the election authority has adopted the use 
4of Direct Recording Electronic Voting Systems under Article 
524C of this Code, and the provisions of that Article are in 
6conflict with the provisions of this Article 19A, the 
7provisions of Article 24C shall govern the procedures followed 
8by the election authority, its judges of election, and all 
9employees and agents; provided that early ballots shall be 
10counted at the election authority's central ballot counting 
11location and
shall not be counted until after the polls are 
12closed on election day.


13(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)

14 (10 ILCS 5/23-50)

15 Sec. 23-50. Definition of a vote. For the purpose of any 
16recount of votes under this Code, a vote is defined as provided 
17in Sections 7-100, 17-100, 18-100, 24A-22, or 24B-9.1, or 
1824C-10, depending upon the type of voting equipment or system 
19used to cast the vote.

20(Source: P.A. 94-645, eff. 8-22-05.)

21 (10 ILCS 5/24-0.5 new)
22 Sec. 24-0.5. Definition. As used in this Article, "voting 
23machine" does not mean a direct recording electronic voting 
24machine or a machine that uses a computer as the marking device 
 
 
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1to mark a ballot sheet.




2 (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)



3 Sec. 24A-2. As used in this Article: 
4 "Computer", "Automatic tabulating
equipment" or 
5"equipment" includes apparatus necessary to automatically

6examine and count votes as designated on ballots, and data 
7processing
machines which can be used for counting ballots and 
8tabulating results.

9 "Ballot card" means a ballot which is voted by the process 
10of
punching.

11 "Ballot configuration" means the particular combination of 
12political
subdivision ballots including, for each political 
13subdivision, the particular
combination of offices, candidate 
14names and ballot position
numbers for each candidate and 
15question as it appears for each group of
voters who may cast 
16the same ballot.

17 "Ballot labels" means the cards, papers, booklet, pages or 
18other
material containing the names of officers and candidates 
19and statements
of measures to be voted on.

20 "Ballot sheet" means a paper ballot printed on one or both 
21sides which
is (1) designed and prepared so that the voter may 
22indicate his or her votes
in designated areas, which must be 
23enclosed areas clearly printed or otherwise
delineated for 
24such purpose, and (2) capable of having votes marked in the

25designated areas automatically examined, counted, and 
 
 
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1tabulated by an
electronic scanning process.

2 "Ballot" may include ballot cards, ballot labels and paper 
3ballots.

4 "Separate ballot", with respect to ballot sheets, means a 
5separate portion
of the ballot sheet in which the color of the 
6ink used in printing that
portion of the ballot sheet is 
7distinct from the color of the ink used in
printing any other 
8portion of the ballot sheet.

9 "Column" in an electronic voting system which utilizes a 
10ballot card
means a space on a ballot card for punching the 
11voter's vote arranged in
a row running lengthwise on the 
12ballot card.

13 "Central Counting" means the counting of
ballots in one or 
14more locations selected by the
election authority for the 
15processing or counting, or both, of
ballots. A location for 
16central counting shall be within the territorial
jurisdiction 
17of such election authority unless there is no suitable

18tabulating equipment available within his territorial 
19jurisdiction.
However, in any event a counting location shall 
20be within this State.

21 "In-precinct counting" means the counting of ballots on 
22automatic tabulating
equipment provided by the election 
23authority in the same precinct polling
place in which those 
24ballots have been cast.

25 "Computer operator" means any person or persons designated 
26by the election
authority to operate the automatic tabulating 
 
 
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1equipment during any portion
of the vote tallying process in 
2an election, but shall not include judges
of election 
3operating vote tabulating equipment in the precinct.

4 "Computer program" or "program" means the set of operating 
5instructions
for the automatic tabulating equipment by which 
6it examines, counts,
tabulates, canvasses and prints votes 
7recorded by a voter on a ballot
card or other medium.

8 "Edit listing" means a computer generated listing of the 
9names and ballot
position numbers for each candidate and 
10proposition
as they appear in the program for each precinct.

11 "Voting System" or "Electronic Voting System" means that 
12combination of
equipment and programs used in the casting, 
13examination and tabulation of
ballots and the cumulation and 
14reporting of results by electronic means. "Voting System" or 
15"Electronic Voting System" does not mean a direct recording 
16electronic voting system or a system that uses a computer as 
17the marking device to mark a ballot sheet. 

18 "Header card" means a data processing card which is coded 
19to indicate
to the computer the precinct identity of the 
20ballot cards that will follow
immediately and may indicate to 
21the computer how such ballot cards are to
be tabulated.

22 "Marking device" means either an apparatus in which 
23ballots or ballot
cards are inserted and used in connection 
24with a punch apparatus for the
piercing of ballots by the 
25voter, or any approved device for marking a
paper ballot with 
26ink or other substance which will enable the ballot to
be 
 
 
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1tabulated by means of automatic tabulating equipment or by an 
2electronic
scanning process.

3 "Redundant count" means a verification of the original 
4computer count by
another count using compatible equipment or 
5by hand as part of a discovery recount.

6 "Security punch" means a punch placed on a ballot card to 
7identify to the
computer program the offices and propositions 
8for which votes may be cast
and to indicate the manner in which 
9votes cast should be tabulated
while negating any inadmissible 
10votes.

11(Source: P.A. 95-331, eff. 8-21-07.)





12 (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)



13 Sec. 24A-16. The State Board of Elections shall approve 
14all voting
systems provided by this Article.
15 No voting system shall be approved
unless it fulfills the 
16following requirements:

17  (1) It enables a voter to vote in absolute secrecy;

18  (2) (Blank);

19  (3) It enables a voter to vote a ticket selected in 
20 part from the
nominees of one party, and in part from the 
21 nominees of any or all parties,
and in part from 
22 independent candidates and in part of candidates whose

23 names are written in by the voter;

24  (4) It enables a voter to vote a written or printed 
25 ticket of his own
selection for any person for any office 
 
 
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1 for whom he may desire to vote;

2  (5) It will reject all votes for an office or upon a 
3 proposition when
the voter has cast more votes for such 
4 office or upon such proposition than
he is entitled to 
5 cast;

6  (5.5) It will identify when a voter has not voted for 
7 all statewide constitutional offices;

8  (6) It will accommodate all propositions to be 
9 submitted to the voters
in the form provided by law or, 
10 where no such form is provided, then in
brief form, not to 
11 exceed 75 words;

12  (7) It will accommodate the tabulation programming 
13 requirements of Sections 24A-6.2, and 24B-6.2, and 
14 24C-6.2. 
15 The State Board of Elections shall not approve any voting 
16equipment or system that includes an external Infrared Data 
17Association (IrDA) communications port.

18 The State Board of Elections is authorized to withdraw its 
19approval of a
voting system if the system fails to fulfill the 
20above requirements.

21 The vendor, person, or other private entity shall be 
22solely responsible for the production and cost of: all 
23application fees; all ballots; additional temporary workers; 
24and other equipment or facilities needed and used in the 
25testing of the vendor's, person's, or other private entity's 
26respective equipment and software.

 
 
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1 Any voting system vendor, person, or other private entity 
2seeking the State Board of Elections' approval of a voting 
3system shall, as part of the approval application, submit to 
4the State Board a non-refundable fee. The State Board of 
5Elections by rule shall establish an appropriate fee 
6structure, taking into account the type of voting system 
7approval that is requested (such as approval of a new system, a 
8modification of an existing system, the size of the 
9modification, etc.). No voting system or modification of a 
10voting system shall be approved unless the fee is paid.

11 No vendor, person, or other entity may sell, lease, or 
12loan, or have a written contract, including a contract 
13contingent upon State Board approval of the voting system or 
14voting system component, to sell, lease, or loan, a voting

15system or voting system component to any election jurisdiction 
16unless the
voting system or voting system component is first 
17approved by the State
Board of Elections pursuant to this 
18Section.

19(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)





20 (10 ILCS 5/24B-2)



21 Sec. 24B-2. Definitions. As used in this Article:

22 "Computer", "automatic tabulating equipment" or 
23"equipment"
includes apparatus necessary to automatically 
24examine and count
votes as designated on ballots, and data 
25processing machines
which can be used for counting ballots and 
 
 
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1tabulating results.

2 "Ballot" means paper ballot sheets.

3 "Ballot configuration" means the particular combination of

4political subdivision ballots including, for each political

5subdivision, the particular combination of offices, candidate

6names and questions as it appears for each group of voters who

7may cast the same ballot.

8 "Ballot sheet" means a paper ballot printed on one or both

9sides which is (1) designed and prepared so that the voter may

10indicate his or her votes in designated areas, which must be

11areas clearly printed or otherwise delineated for such 
12purpose,
and (2) capable of having votes marked in the 
13designated areas
automatically examined, counted, and 
14tabulated by an electronic
scanning process.

15 "Central counting" means the counting of ballots in one or

16more locations selected by the election authority for the

17processing or counting, or both, of ballots. A location for

18central counting shall be within the territorial jurisdiction 
19of
the election authority unless there is no suitable 
20tabulating
equipment available within his territorial 
21jurisdiction.
However, in any event a counting location shall 
22be within this
State.

23 "Computer operator" means any person or persons designated

24by the election authority to operate the automatic tabulating

25equipment during any portion of the vote tallying process in 
26an
election, but shall not include judges of election 
 
 
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1operating vote
tabulating equipment in the precinct.

2 "Computer program" or "program" means the set of operating

3instructions for the automatic tabulating equipment that

4examines, counts, tabulates, canvasses and prints votes 
5recorded
by a voter on a ballot.

6 "Edit listing" means a computer generated listing of the

7names of each candidate and proposition as they appear in the

8program for each precinct.

9 "Header sheet" means a data processing document which is

10coded to indicate to the computer the precinct identity of the

11ballots that will follow immediately and may indicate to the

12computer how such ballots are to be tabulated.

13 "In-precinct counting" means the counting of ballots on

14automatic tabulating equipment provided by the election 
15authority
in the same precinct polling place in which those 
16ballots have
been cast.

17 "Marking device" means a pen, computer, or other device 
18approved by
the State Board of Elections for marking, or 
19causing to be marked, a paper
ballot with ink
or other 
20substance which will enable the ballot to be tabulated
by 
21automatic tabulating equipment or by an electronic
scanning 
22process.

23 "Precinct Tabulation Optical Scan Technology" means the

24capability to examine a ballot through electronic means and

25tabulate the votes at one or more counting places.

26 "Redundant count" means a verification of the original

 
 
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1computer count by another count using compatible equipment or 
2by
hand as part of a discovery recount.

3 "Security designation" means a printed designation placed 
4on
a ballot to identify to the computer program the offices and

5propositions for which votes may be cast and to indicate the

6manner in which votes cast should be tabulated while negating 
7any
inadmissible votes.

8 "Separate ballot", with respect to ballot sheets, means a

9separate portion of the ballot sheet which is clearly defined 
10by
a border or borders or shading.

11 "Specimen ballot" means a representation of names of 
12offices and candidates
and statements of measures to be voted 
13on which will appear on the official
ballot or marking device 
14on election day. The specimen ballot also contains the
party 
15and position number where applicable.

16 "Voting defect identification" means the capability to

17detect overvoted ballots or ballots which cannot be read by 
18the automatic
tabulating equipment.

19 "Voting defects" means an overvoted ballot, or a ballot

20which cannot be read by the automatic tabulating equipment.

21 "Voting system" or "electronic voting system" means that

22combination of equipment and programs used in the casting,

23examination and tabulation of ballots and the cumulation and

24reporting of results by electronic means. "Voting System" or 
25"Electronic Voting System" does not mean a direct recording 
26electronic voting system or a system that uses a computer as 
 
 
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1the marking device to mark a ballot sheet. 

2(Source: P.A. 93-574, eff. 8-21-03.)





3 (10 ILCS 5/24B-9.1)



4 Sec. 24B-9.1. Examination of Votes by Electronic Precinct

5Tabulation Optical Scan Technology Scanning Process or other 
6authorized
electronic process; definition of a vote.
7 (a) Examination of Votes by Electronic Precinct Tabulation 
8Optical Scan
Technology Scanning Process. Whenever a
Precinct 
9Tabulation Optical Scan Technology process is used
to 
10automatically examine and count the votes on ballot sheets,

11the provisions of this Section shall apply. A voter shall cast 
12a
proper vote on a ballot sheet by making a mark, or causing a 
13mark to be
made, in the designated
area for the casting of a 
14vote for any party or candidate or for
or against any 
15proposition. For this purpose, a mark is an
intentional 
16darkening of the designated area on the ballot,
and not an 
17identifying mark.

18 (b) For any ballot sheet that does not register a vote for 
19one or more
ballot positions on the ballot sheet on a 
20Electronic Precinct Tabulation
Optical Scan Technology 
21Scanning Process, the following shall constitute a vote
on the 
22ballot sheet:


23  (1) the designated area for casting a vote for a 
24 particular ballot
position on the ballot sheet is fully 
25 darkened or shaded in;


 
 
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1  (2) the designated area for casting a vote for a 
2 particular ballot
position on the ballot sheet is 
3 partially darkened or shaded in;


4  (3) the designated area for casting a vote for a 
5 particular ballot
position on the ballot sheet contains a 
6 dot or ".", a check, or a
plus or "+";


7  (4) the designated area for casting a vote for a 
8 particular ballot
position on the ballot sheet contains 
9 some other type of mark that
indicates the clearly 
10 ascertainable intent of the voter to vote based
on the 
11 totality of the circumstances, including but not limited 
12 to
any pattern or frequency of marks on other ballot

13 positions from the same ballot sheet; or


14  (5) the designated area for casting a vote for a 
15 particular ballot
position on the ballot sheet is not 
16 marked, but the ballot sheet contains other
markings 
17 associated with a particular ballot position, such as 
18 circling a
candidate's name, that indicates the clearly 
19 ascertainable intent of the voter
to vote, based on the 
20 totality of the circumstances, including but not limited

21 to, any pattern or frequency of markings on other ballot 
22 positions from the
same ballot sheet.

23 (c) (Blank). For other electronic voting systems that use 
24a computer as the marking
device to mark a ballot sheet, the 
25bar code found on the ballot sheet shall
constitute the votes 
26found on the ballot. If, however, the county clerk or
board of 
 
 
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1election commissioners determines that the votes
represented 
2by the tally on the bar code for one or more ballot positions 
3is
inconsistent with the votes represented by numerical ballot 
4positions
identified on the ballot sheet produced using a 
5computer as the marking device,
then the numerical ballot 
6positions identified on the ballot sheet shall
constitute the 
7votes for purposes of any official canvass or recount

8proceeding. An electronic voting system that uses a computer 
9as the marking
device to mark a ballot sheet shall be capable 
10of producing a ballot sheet that
contains all numerical ballot 
11positions selected by the voter,
and provides a place for the 
12voter to cast a write-in vote for a candidate
for a particular 
13numerical ballot position.

14 (d) The election authority shall provide an envelope, 
15sleeve or
other device to each voter so the voter can
deliver 
16the voted ballot sheet to the counting equipment and
ballot 
17box without the votes indicated on the ballot sheet being

18visible to other persons in the polling place.

19(Source: P.A. 95-331, eff. 8-21-07.)


20 (10 ILCS 5/19A-75 rep.)

21 (10 ILCS 5/24A-20 rep.)

22 (10 ILCS 5/Art. 24C rep.)
23 Section 10. The Election Code is amended by repealing 
24Sections 19A-75 and 24A-20 and Article 24C.


 
 
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1 Section 99. Effective date. This Act takes effect January 
21, 2024.".