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Full Text of HB3405  99th General Assembly

HB3405 99TH GENERAL ASSEMBLY


 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3405

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Finance Act. Creates the Election Integrity Fund as a special fund in the State treasury. Amends the Election Code. Requires that each election authority (i) conduct an election day audit of a random sample of 10% of votes cast and (ii) provide by contract or employment for the performance by one or more independent auditors of post-election parallel tabulations and audits. Provides for the scope of the audits and the resulting reports. Requires that optical scan technology and direct recording electronic voting systems meet certain federal and independent testing standards. Creates a voluntary tax checkoff for the Fund. With respect to early voting, requires that an election authority using only direct recording electronic voting systems have paper ballots available for voters wishing to use them.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 19A-75, 24B-2, 24B-16, 24C-2, 24C-9, and 24C-16 and by
6adding Article 21B as follows:
 
7    (10 ILCS 5/19A-75)
8    (Text of Section before amendment by P.A. 98-1171)
9    Sec. 19A-75. Early voting in jurisdictions using Direct
10Recording Electronic Voting Systems under Article 24C.
11Election authorities that have adopted for use Direct Recording
12Electronic Voting Systems under Article 24C may (i) either use
13those voting systems to conduct early voting, provided that
14each early voting polling place shall have available sufficient
15paper ballots for those voters who request them, consistent
16with the limitations set forth in subsection (b) of Section
1719A-10, or (ii) , so long as at least one Direct Recording
18Electronic Voting System device is available at each early
19voting polling place, use whatever method the election
20authority uses for absentee balloting conducted by mail;
21provided that no early ballots are counted before the polls
22close on election day.
23(Source: P.A. 94-645, eff. 8-22-05.)
 

 

 

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1    (Text of Section after amendment by P.A. 98-1171)
2    Sec. 19A-75. Early voting in jurisdictions using Direct
3Recording Electronic Voting Systems under Article 24C.
4Election authorities that have adopted for use Direct Recording
5Electronic Voting Systems under Article 24C may (i) either use
6those voting systems to conduct early voting, provided that
7each early voting polling place shall have available sufficient
8paper ballots for those voters who request them, consistent
9with the limitations set forth in subsection (b) of Section
1019A-10, or (ii) , so long as at least one Direct Recording
11Electronic Voting System device is available at each early
12voting polling place, use whatever method the election
13authority uses for vote by mail balloting; provided that no
14early ballots are counted before the polls close on election
15day.
16(Source: P.A. 98-1171, eff. 6-1-15.)
 
17    (10 ILCS 5/Art. 21B heading new)
18
ARTICLE 21B. AUDITS

 
19    (10 ILCS 5/21B-5 new)
20    Sec. 21B-5. Election day audit. There shall be conducted a
2110% election day audit of all votes cast for each designated
22race or proposition on election day.
 

 

 

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1    (10 ILCS 5/21B-10 new)
2    Sec. 21B-10. Scope of the audit. The 10% audit shall be
3conducted for all races or propositions that meet the following
4criteria:
5        (1) all statewide offices and propositions;
6        (2) all countywide offices and propositions;
7        (3) all federal races; and
8        (4) any municipal or other political sub-division or
9    taxing entity races where the number of registered voters
10    eligible to vote on that race or proposition exceeds 50,000
11    voters.
 
12    (10 ILCS 5/21B-15 new)
13    Sec. 21B-15. Time and place of the audit. The 10% audits
14shall take place on election day as soon as practicable after
15the close of the polls and shall take place at the location
16where votes are originally counted (in-precinct for all votes
17cast on election day and at the central counting location for
18early voting, grace, and absentee ballots), provided that the
1910% hand count shall be subordinate to and not interfere with
20the reporting of election results.
 
21    (10 ILCS 5/21B-20 new)
22    Sec. 21B-20. Conduct. The election day audit shall be
23conducted by election judges selected and appointed in the same
24manner as set forth in Sections 13-1, 13-2, 14-1, 14-2, and

 

 

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114-3 of this Code. Election authorities may implement the
2appointment of part-time judges, job-sharing, split shifts, or
3other methods of allocating election judge resources to ensure
4that sufficient judges are available to conduct the election
5day audits in a timely and efficient manner.
 
6    (10 ILCS 5/21B-25 new)
7    Sec. 21B-25. Random selection of ballots to be examined.
8    (a) The election authority shall provide to each polling
9place, precinct, or central counting location as appropriate
10one set of 10 plastic disks, each imprinted on one or both
11sides with a number from 1 to 10. Each disk shall have one such
12number imprinted, with the same number on each side, and no 2
13disks shall have the same number. In addition, a suitable
14opaque container shall be provided sufficient to contain the
15set.
16    (b) After the close of the polls and prior to the
17commencement of the election day audit, the election judges
18present shall select one of their number to place the numbered
19disk in the container and shake the container sufficiently so
20that the disks shall be in random order. The judges shall
21select another of their number to select one such disk from the
22container in such a manner that the selecting judge has no
23knowledge of which disk he or she is selecting. The disk drawn
24from the container shall be examined and the number of the disk
25chosen publicly announced. That result shall indicate which

 

 

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1ballots are to be examined, e.g. a result of 7 shall require
2that the seventh and every tenth ballot thereafter be examined
3(7, 17, 27, etc.). The result of the drawing shall be recorded
4on the summary report section set forth in Section 21B-35.
 
5    (10 ILCS 5/21B-30 new)
6    Sec. 21B-30. Ballots or paper records to be examined.
7    (a) The election authority shall provide to each polling
8place, precinct, or central counting location as appropriate
9one self-inked consecutive numbering stamp capable of
10numbering from 1 to 999,999.
11    (b) All paper ballots shall be placed in a single stack in
12a random order as retrieved from the ballot boxes and each
13ballot shall be stamped with a consecutive number, starting
14with the number 1 until all ballots have been numbered.
15    (c) The starting number and tenth ballot thereafter shall
16be examined in accordance with the selection number resulting
17from the operation of Section 21B-25.
18    (d) For paper records printed by Direct Recording
19Electronic (DRE) voting machines, the paper records shall be
20examined in the order printed on the DRE produced paper records
21selecting each starting and tenth paper record thereafter in
22accordance with the selection number resulting from the
23operation of Section 21B-25.
24    (e) For paper records printed by Direct Recording
25Electronic (DRE) voting machines, only the human-readable

 

 

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1portion of the paper record shall be used in the election day
2audit. The use of bar codes or other human unreadable records
3of votes shall not be permitted.
 
4    (10 ILCS 5/21B-35 new)
5    Sec. 21B-35. Reports.
6    (a) Prior to election day, the appropriate election
7authority shall cause to be created and printed an audit
8summary form that shall state the races and propositions to be
9audited in accordance with Section 21B-10 and shall have
10pre-printed spaces, boxes, or both in which the results of the
11election day audit shall be recorded. This form shall also
12include a reconciliation of all ballots counted by category,
13such as provisional, federal only, standard, etc., and shall be
14provided in sufficient number to all auditing locations to
15facilitate the required distribution.
16    (b) Upon completion of the audit, 6 copies of the election
17day audit summary shall be signed by all the judges
18participating in the election day audit and shall be
19distributed as follows:
20        (1) One copy shall be posted in the polling or counting
21    location in a manner that the election day audit summary is
22    clearly visible and available for public inspection for a
23    period of not less than one hour.
24        (2) Two copies shall be placed in the ballot box or
25    designated envelope or envelopes and transported to the

 

 

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1    election authority in the same manner as ballots.
2        (3) Three copies shall be made available on request to
3    pollwatchers or members of the public in that order of
4    preference.
5        (4) Pollwatchers and other observers in the polls may
6    take photographs of the posted copies without restriction.
7    (c) The audit reports from all in-precinct and central
8counting locations shall be received by the election authority
9and a consolidated report shall be prepared. The consolidated
10reports shall be published by the election authority within 24
11hours after the closing of the polls, and the authorities shall
12certify the election day audit results and maintain both
13consolidated and individual location reports in the same manner
14and for the same period of time as ballots, except that copies
15of consolidated and individual location reports shall be
16available to the public upon request. If that election
17authority maintains a public website, then the copies shall
18also be made freely available to the public via the Internet
19for a period of not less than 60 days.
20    (d) The certified Consolidated and individual location
21reports shall be deemed admissible as evidence to the extent
22permitted by law in any action for discovery or other recount.
 
23    (10 ILCS 5/21B-40 new)
24    Sec. 21B-40. Parallel, independent audits. There shall be
25conducted an independent parallel tabulation and audit for each

 

 

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1race or proposition in every election.
 
2    (10 ILCS 5/21B-45 new)
3    Sec. 21B-45. Authority. Each election authority shall be
4empowered on behalf of all voters in that jurisdiction to
5contract for, employ, or both contract for and employ one or
6more independent auditors to conduct a parallel count and
7tabulation of the results of every election conducted by the
8election authority for every race and proposition in the
9election.
 
10    (10 ILCS 5/21B-50 new)
11    Sec. 21B-50. Independent election audit committee. Each
12election authority shall cause to be constituted an independent
13election audit committee (EAC) of not less than 5 members, that
14shall have as its primary duties: (1) the preparation of a
15request for proposal (RFP) for the parallel election tabulation
16and audit (PETA) and (2) the selection of the independent
17auditor or auditors to perform such audit.
 
18    (10 ILCS 5/21B-55 new)
19    Sec. 21B-55. Time of convening. The election audit
20committee for each jurisdiction shall convene at least 120 days
21prior to election day and meet thereafter as often as shall be
22deemed necessary and proper by its membership.
 

 

 

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1    (10 ILCS 5/21B-60 new)
2    Sec. 21B-60. Committee composition. The election audit
3committee shall consist of the following members:
4        (1) One member appointed by each political party that
5    shall have had a candidate for jurisdiction-wide public
6    office in that jurisdiction on the ballot for the previous
7    general election, provided that the party shall have had at
8    least one candidate who received 10% of the ballots cast in
9    that election.
10        (2) Two members appointed by the election authority for
11    the jurisdiction.
12        (3) One election judge from each of the political
13    parties qualifying under paragraph (1) who has served as an
14    election judge in the most recent election conducted in
15    that jurisdiction and at least 2 previous elections. The
16    election judge members shall be selected by lot from among
17    the pool of available judges from the most recent election
18    conducted in that jurisdiction.
 
19    (10 ILCS 5/21B-65 new)
20    Sec. 21B-65. Request for proposal. Each election authority
21shall issue a request for proposal (RFP) for a parallel
22election tabulation and audit as prepared by the independent
23election audit committee not less than 90 days before election
24day. The proposals shall be examined and reviewed by the EAC,
25and the election authority (or other governmental body with

 

 

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1appropriation and contracting authority for the jurisdiction)
2shall award the contract for the audit not less than 45 days
3before each election.
 
4    (10 ILCS 5/21B-70 new)
5    Sec. 21B-70. Funding. The public accounting firm
6conducting the PETA shall be paid from public funds
7appropriated by each election jurisdiction and designated for
8that purposes.
 
9    (10 ILCS 5/21B-75 new)
10    Sec. 21B-75. Contractor qualifications. To qualify to
11submit a proposal, a potential PETA contractor shall include in
12its response to the RFP:
13        (1) Evidence that it is a public accounting firm
14licensed by the State of Illinois to perform financial audits.
15        (2) Provide evidence that upon awarding of a contract
16to conduct the parallel election tabulation, the firm can post
17a performance bond equal to $1 for every registered voter in
18that jurisdiction.
19        (3) An agreement to submit a response to the RFP that
20shall limit the aggregate amount to be paid the contractor to
21not more than (i) $75 per precinct audited, (ii) $0.075 per
22ballot or paper record counted and tallied at central counting
23locations, or (iii) both (i) and (ii).
24        (4) A statement of performance secured by the

 

 

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1performance bond in item (2) that above the parallel election
2tabulation and audit shall be completed and public reports
3submitted within the time limitations set forth in Section
421B-85.
 
5    (10 ILCS 5/21B-80 new)
6    Sec. 21B-80. Award. The public accounting firm awarded the
7contract shall be granted access to any and all records of the
8election, including but not limited to paper ballots, portable
9computer memory devices from DREs, scanning devices, central
10count devices, paper records, ballot generating software,
11counting and tabulation software, computer logs and error
12reports of all voting machines and central tabulation devices,
13servers, communications protocols, databases of all types
14including registration databases, pollwatcher and election
15judge logs and reports, and any other records deemed relevant
16to the conduct of the election as the auditing entity shall
17deem necessary and reasonable for the conduct of the parallel
18election tabulation and audit.
 
19    (10 ILCS 5/21B-85 new)
20    Sec. 21B-85. Reports.
21    (a) The public accounting firm shall produce an initial
22results report within 72 hours after the close of the polls
23that shall examine and comment on at least, but not limited to,
24the following:

 

 

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1        (1) Whether proper procedures were used in the
2    compilation and tabulation of the 10% election day audit.
3        (2) Whether each voter's choices were accurately
4    summarized in the precinct or central count tallying.
5        (3) To the extent possible to determine from the
6    records available, that the central tabulation procedures,
7    equipment, and software functioned correctly and that the
8    totals reflected in the internal and public tabulation of
9    votes was consistent and accurate.
10    The auditing entity shall certify, with any exceptions
11noted thereto, the tabulated results of each race or
12proposition of the election as being accurate to the extent
13that the winner of each race or the prevailing result for each
14proposition is correct. For each and every race for which the
15auditing entity is unable to certify, it shall state the
16reasons therefore, citing specific circumstances as to why it
17is unable to certify the outcome.
18    (b) The public accounting firm shall produce an operational
19report within 21 days after the close of the polls that shall
20examine and comment on at least, but not limited to, the
21following:
22        (1) Pre-election preparation including the compiling
23    and production of registration and eligible voter lists,
24    including printed ballot applications and voter records in
25    electronic poll books, and candidate, voter, and
26    pollworker accessible records of eligibility.

 

 

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1        (2) Proper compiling and production of ballots, both
2    paper and electronic, as to completeness and accuracy for
3    each ballot style produced.
4        (3) Adequacy and completeness of training manuals,
5    election judge's manuals, voter instruction materials, and
6    other internal and public documents related to the
7    election.
8        (4) The election process during the time the polls were
9    open, including reports of machine failures, election
10    problems of all varieties, pollworkers and pollwatchers,
11    reports in order to determine and express an opinion of the
12    efficacy of the election process and to determine to the
13    extent possible that:
14            (A) All eligible voters were given an opportunity
15        to vote.
16            (B) Each voter received a proper and complete
17        ballot.
18            (C) Each voter's choices were properly recorded by
19        the electronic or mechanical machines used in the
20        voting process.
21    (b-5) The auditors of the parallel election tabulation
22shall examine the processes used after the polls closed to
23determine, to the extent possible from the records available,
24if:
25        (1) All election materials were properly secured and
26    that a complete and unbroken chain of custody exists for

 

 

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1    all election materials.
2        (2) In the case where election authorities gather
3    election results through electronic transmission, either
4    through land lines or wireless networks, the transmissions
5    were secure, reliable, and accurate.
6    (c) The auditing entity shall produce a report that
7adequately describes all problems associated with the election
8process and to the extent possible the causes of those
9problems.
10    (d) To the extent possible within the time constraints
11imposed by the 21-day requirement, the auditing entity shall
12include in its report recommendations for modifications to
13procedures, equipment, or software that would eliminate
14problems or improve the efficiency and accuracy of the process
15in whatever stage examined or reported.
 
16    (10 ILCS 5/21B-90 new)
17    Sec. 21B-90. Availability and ownership of parallel
18election tabulation and audit reports.
19    (a) The report of the auditing entity shall be public
20property, in the public domain, and available to anyone upon
21request and payment of a reasonable fee, subject to the
22provisions of the Freedom of Information Act (5 ILCS 140/).
23    (b) If the election authority contracting for the parallel
24election tabulation and audit report maintains a website, the
25Report shall be posted on the publicly accessible portion of

 

 

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1the website in an appropriate format for downloading and
2printing by the public.
 
3    (10 ILCS 5/21B-95 new)
4    Sec. 21B-95. Legal effect. The parallel election
5tabulation and audit reports shall be deemed admissible as
6evidence to the extent permitted by law in any action for
7discovery or other recount.
 
8    (10 ILCS 5/21B-100 new)
9    Sec. 21B-100. Illinois Election Integrity Fund. The
10Illinois Election Integrity Fund is created as a special fund
11in the State treasury. All voluntary citizen contributions
12shall be deposited into the Fund. All moneys deposited into the
13Fund shall be used by the Illinois Board of Elections to
14administer this Fund and to use Fund proceeds for all required
15election audits. Approximately $2,000,000 in funding shall be
16required for the first election cycle covered under this Act.
17The Department must print on its standard individual income tax
18form a provision indicating that if the taxpayer wishes to
19contribute to the Election Integrity Fund, he or she may do so
20by stating the amount of the contribution on the return and
21that the contribution will reduce the taxpayer's refund or
22increase the amount of payment to accompany the return. Failure
23to remit any amount of increase payment shall reduce the
24contribution accordingly. This Section does not apply to any

 

 

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1amended return. All proceeds from voluntary taxpayer checkoffs
2shall provide additional funding to cover the administration of
3this Act and the costs of required election audits.
 
4    (10 ILCS 5/24B-2)
5    Sec. 24B-2. Definitions. As used in this Article:
6    "Approved independent testing authority" means an
7independent laboratory or authority certified by the federal
8Election Assistance Commission (EAC).
9    "Computer", "automatic tabulating equipment" or
10"equipment" includes apparatus necessary to automatically
11examine and count votes as designated on ballots, and data
12processing machines which can be used for counting ballots and
13tabulating results.
14    "Ballot" means paper ballot sheets.
15    "Ballot configuration" means the particular combination of
16political subdivision ballots including, for each political
17subdivision, the particular combination of offices, candidate
18names and questions as it appears for each group of voters who
19may cast the same ballot.
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
23areas clearly printed or otherwise delineated for such purpose,
24and (2) capable of having votes marked in the designated areas
25automatically examined, counted, and tabulated by an

 

 

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1electronic scanning process.
2    "Central counting" means the counting of ballots in one or
3more locations selected by the election authority for the
4processing or counting, or both, of ballots. A location for
5central counting shall be within the territorial jurisdiction
6of the election authority unless there is no suitable
7tabulating equipment available within his territorial
8jurisdiction. However, in any event a counting location shall
9be within this State.
10    "Computer operator" means any person or persons designated
11by the election authority to operate the automatic tabulating
12equipment during any portion of the vote tallying process in an
13election, but shall not include judges of election operating
14vote tabulating equipment in the precinct.
15    "Computer program" or "program" means the set of operating
16instructions for the automatic tabulating equipment that
17examines, counts, tabulates, canvasses and prints votes
18recorded by a voter on a ballot.
19    "Edit listing" means a computer generated listing of the
20names of each candidate and proposition as they appear in the
21program for each precinct.
22    "Header sheet" means a data processing document which is
23coded to indicate to the computer the precinct identity of the
24ballots that will follow immediately and may indicate to the
25computer how such ballots are to be tabulated.
26    "In-precinct counting" means the counting of ballots on

 

 

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1automatic tabulating equipment provided by the election
2authority in the same precinct polling place in which those
3ballots have been cast.
4    "Marking device" means a pen, computer, or other device
5approved by the State Board of Elections for marking, or
6causing to be marked, a paper ballot with ink or other
7substance which will enable the ballot to be tabulated by
8automatic tabulating equipment or by an electronic scanning
9process.
10    "Precinct Tabulation Optical Scan Technology" means the
11capability to examine a ballot through electronic means and
12tabulate the votes at one or more counting places.
13    "Redundant count" means a verification of the original
14computer count by another count using compatible equipment or
15by hand as part of a discovery recount.
16    "Security designation" means a printed designation placed
17on a ballot to identify to the computer program the offices and
18propositions for which votes may be cast and to indicate the
19manner in which votes cast should be tabulated while negating
20any inadmissible votes.
21    "Separate ballot", with respect to ballot sheets, means a
22separate portion of the ballot sheet which is clearly defined
23by a border or borders or shading.
24    "Specimen ballot" means a representation of names of
25offices and candidates and statements of measures to be voted
26on which will appear on the official ballot or marking device

 

 

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1on election day. The specimen ballot also contains the party
2and position number where applicable.
3    "Voting defect identification" means the capability to
4detect overvoted ballots or ballots which cannot be read by the
5automatic tabulating equipment.
6    "Voting defects" means an overvoted ballot, or a ballot
7which cannot be read by the automatic tabulating equipment.
8    "Voting system" or "electronic voting system" means that
9combination of equipment and programs used in the casting,
10examination and tabulation of ballots and the cumulation and
11reporting of results by electronic means.
12(Source: P.A. 93-574, eff. 8-21-03.)
 
13    (10 ILCS 5/24B-16)
14    Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
15Technology Voting Systems; Requisites. The State Board of
16Elections shall approve all Precinct Tabulation Optical Scan
17Technology voting systems provided by this Article that fulfill
18the voluntary provisions and mandatory requirements of the
19federal voting system standards pertaining to Precinct
20Tabulation Optical Scan Technology voting systems promulgated
21by the Federal Election Commission or the Election Assistance
22Commission and that fulfill the testing requirements of an
23approved independent testing authority.
24    No Precinct Tabulation Optical Scan Technology voting
25system shall be approved unless it has been certified by the

 

 

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1Federal Election Commission or the Election Assistance
2Commission and fulfills the following requirements:
3        (a) It enables a voter to vote in absolute secrecy;
4        (b) (Blank);
5        (c) It enables a voter to vote a ticket selected in
6    part from the nominees of one party, and in part from the
7    nominees of any or all parties, and in part from
8    independent candidates, and in part of candidates whose
9    names are written in by the voter;
10        (d) It enables a voter to vote a written or printed
11    ticket of his or her own selection for any person for any
12    office for whom he or she may desire to vote;
13        (e) It will reject all votes for an office or upon a
14    proposition when the voter has cast more votes for the
15    office or upon the proposition than he or she is entitled
16    to cast;
17        (e-5) It will identify when a voter has not voted for
18    all statewide constitutional offices; and
19        (f) It will accommodate all propositions to be
20    submitted to the voters in the form provided by law or,
21    where no form is provided, then in brief form, not to
22    exceed 75 words.
23    The State Board of Elections shall not approve any voting
24equipment or system that includes an external Infrared Data
25Association (IrDA) communications port.
26    The State Board of Elections is authorized to withdraw its

 

 

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1approval of a Precinct Tabulation Optical Scan Technology
2voting system if the system fails to fulfill the above
3requirements.
4    The vendor, person, or other private entity shall be solely
5responsible for the production and cost of: all application
6fees; all ballots; additional temporary workers; and other
7equipment or facilities needed and used in the testing of the
8vendor's, person's, or other private entity's respective
9equipment and software.
10    Any voting system vendor, person, or other private entity
11seeking the State Board of Elections' approval of a voting
12system shall, as part of the approval application, submit to
13the State Board a non-refundable fee. The State Board of
14Elections by rule shall establish an appropriate fee structure,
15taking into account the type of voting system approval that is
16requested (such as approval of a new system, a modification of
17an existing system, the size of the modification, etc.). No
18voting system or modification of a voting system shall be
19approved unless the fee is paid.
20    No vendor, person, or other entity may sell, lease, or
21loan, or have a written contract, including a contract
22contingent upon State Board approval of the voting system or
23voting system component, to sell, lease, or loan, a voting
24system or Precinct Tabulation Optical Scan Technology voting
25system component to any election jurisdiction unless the voting
26system or voting system component is first approved by the

 

 

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1State Board of Elections pursuant to this Section.
2(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
3    (10 ILCS 5/24C-2)
4    Sec. 24C-2. Definitions. As used in this Article:
5    "Approved independent testing authority" means an
6independent laboratory or authority certified by the federal
7Election Assistance Commission (EAC).
8    "Audit trail" or "audit capacity" means a continuous trail
9of evidence linking individual transactions related to the
10casting of a vote, the vote count and the summary record of
11vote totals, but which shall not allow for the identification
12of the voter. It shall permit verification of the accuracy of
13the count and detection and correction of problems and shall
14provide a record of each step taken in: defining and producing
15ballots and generating related software for specific
16elections; installing ballots and software; testing system
17readiness; casting and tabulating ballots; and producing
18images of votes cast and reports of vote totals. The record
19shall incorporate system status and error messages generated
20during election processing, including a log of machine
21activities and routine and unusual intervention by authorized
22and unauthorized individuals. Also part of an audit trail is
23the documentation of such items as ballots delivered and
24collected, administrative procedures for system security,
25pre-election testing of voting systems, and maintenance

 

 

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1performed on voting equipment. All test plans, test results,
2documentation, and other records used to plan, execute, and
3record the results of the testing and verification, including
4all material prepared or used by independent testing
5authorities or other third parties, shall be made part of the
6public record and shall be freely available via the Internet
7and paper copy to anyone. "Audit trail" or "audit capacity"
8also means that the voting system is capable of producing and
9shall produce immediately after a ballot is cast a permanent
10paper record of each ballot cast that shall be available as an
11official record for any recount, redundant count, or
12verification or retabulation of the vote count conducted with
13respect to any election in which the voting system is used.
14    "Ballot" means an electronic audio or video display or any
15other medium, including paper, used to record a voter's choices
16for the candidates of their preference and for or against
17public questions.
18    "Ballot configuration" means the particular combination of
19political subdivision or district ballots including, for each
20political subdivision or district, the particular combination
21of offices, candidate names and public questions as it appears
22for each group of voters who may cast the same ballot.
23    "Ballot image" means a corresponding representation in
24electronic or paper form of the mark or vote position of a
25ballot.
26    "Ballot label" or "ballot screen" means the display of

 

 

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1material containing the names of offices and candidates and
2public questions to be voted on.
3    "Central counting" means the counting of ballots in one or
4more locations selected by the election authority for the
5processing or counting, or both, of ballots. A location for
6central counting shall be within the territorial jurisdiction
7of the election authority unless there is no suitable
8tabulating equipment available within his territorial
9jurisdiction. However, in any event a counting location shall
10be within this State.
11    "Computer", "automatic tabulating equipment" or
12"equipment" includes apparatus necessary to automatically
13examine and count votes as designated on ballots, and data
14processing machines which can be used for counting ballots and
15tabulating results.
16    "Computer operator" means any person or persons designated
17by the election authority to operate the automatic tabulating
18equipment during any portion of the vote tallying process in an
19election, but shall not include judges of election operating
20vote tabulating equipment in the precinct.
21    "Computer program" or "program" means the set of operating
22instructions for the automatic tabulating equipment that
23examines, records, displays, counts, tabulates, canvasses, or
24prints votes recorded by a voter on a ballot or that displays
25any and all information, graphics, or other visual or audio
26information or images used in presenting voting information,

 

 

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1instructions, or voter choices.
2    "Direct recording electronic voting system", "voting
3system" or "system" means the total combination of mechanical,
4electromechanical or electronic equipment, programs and
5practices used to define ballots, cast and count votes, report
6or display election results, maintain or produce any audit
7trail information, identify all system components, test the
8system during development, maintenance and operation, maintain
9records of system errors and defects, determine specific system
10changes to be made to a system after initial qualification, and
11make available any materials to the voter such as notices,
12instructions, forms or paper ballots.
13    "Edit listing" means a computer generated listing of the
14names of each candidate and public question as they appear in
15the program for each precinct.
16    "In-precinct counting" means the recording and counting of
17ballots on automatic tabulating equipment provided by the
18election authority in the same precinct polling place in which
19those ballots have been cast.
20    "Marking device" means any device approved by the State
21Board of Elections for marking a ballot so as to enable the
22ballot to be recorded, counted and tabulated by automatic
23tabulating equipment.
24    "Permanent paper record" means a paper record upon which
25shall be printed in human readable form the votes cast for each
26candidate and for or against each public question on each

 

 

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1ballot recorded in the voting system. Each permanent paper
2record shall be printed by the voting device upon activation of
3the marking device by the voter and shall contain a unique,
4randomly assigned identifying number that shall correspond to
5the number randomly assigned by the voting system to each
6ballot as it is electronically recorded.
7    "Redundant count" means a verification of the original
8computer count of ballots by another count using compatible
9equipment or other means as part of a discovery recount,
10including a count of the permanent paper record of each ballot
11cast by using compatible equipment, different equipment
12approved by the State Board of Elections for that purpose, or
13by hand.
14    "Separate ballot" means a separate page or display screen
15of the ballot that is clearly defined and distinguishable from
16other portions of the ballot.
17    "Voting device" or "voting machine" means an apparatus that
18contains the ballot label or ballot screen and allows the voter
19to record his or her vote.
20(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
21    (10 ILCS 5/24C-9)
22    Sec. 24C-9. Testing of Direct Recording Electronic Voting
23System Equipment and Programs; Custody of Programs, Test
24Materials and Ballots. Prior to the public test, the election
25authority shall conduct an errorless pre-test of the Direct

 

 

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1Recording Electronic Voting System equipment and programs to
2determine that they will correctly detect voting defects and
3count the votes cast for all offices and all public questions.
4On any day not less than 5 days prior to use in an the election
5day, the election authority shall publicly test the Direct
6Recording Electronic Voting System equipment and programs to
7determine that they will correctly detect voting errors and
8accurately count the votes legally cast for all offices and on
9all public questions. Public notice of the time and place of
10the test shall be given at least 48 hours before the test by
11publishing the notice in one or more newspapers within the
12election jurisdiction of the election authority, if a newspaper
13is published in that jurisdiction. If a newspaper is not
14published in that jurisdiction, notice shall be published in a
15newspaper of general circulation in that jurisdiction. Timely
16written notice stating the date, time, and location of the
17public test shall also be provided to the State Board of
18Elections. The test shall be open to representatives of the
19political parties, the press, representatives of the State
20Board of Elections, and the public. The test shall be conducted
21by entering a pre- audited group of votes designed to record a
22predetermined number of valid votes for each candidate and on
23each public question, and shall include for each office one or
24more ballots having votes exceeding the number allowed by law
25to test the ability of the automatic tabulating equipment to
26reject the votes. The test shall also include producing an edit

 

 

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1listing. In those election jurisdictions where in-precinct
2counting equipment is used, a public test of both the equipment
3and program shall be conducted as nearly as possible in the
4manner prescribed above. The State Board of Elections may
5select as many election jurisdictions as the Board deems
6advisable in the interests of the election process of this
7State, to order a special test of the automatic tabulating
8equipment and program before any regular election. The Board
9may order a special test in any election jurisdiction where,
10during the preceding 12 months, computer programming errors or
11other errors in the use of System resulted in vote tabulation
12errors. Not less than 30 days before any election, the State
13Board of Elections shall provide written notice to those
14selected jurisdictions of their intent to conduct a test.
15Within 5 days of receipt of the State Board of Elections'
16written notice of intent to conduct a test, the selected
17jurisdictions shall forward to the principal office of the
18State Board of Elections a copy of all specimen ballots. The
19State Board of Elections' tests shall be conducted and
20completed not less than 2 days before the public test and under
21the supervision of the Board. The vendor, person, or other
22private entity shall be solely responsible for the production
23and cost of: all ballots; additional temporary workers; and
24other equipment or facilities needed and used in the testing of
25the vendor's, person's, or other private entity's respective
26equipment and software. After an errorless test, materials used

 

 

HB3405- 29 -LRB099 09054 SXM 29243 b

1in the public test, including the program, if appropriate,
2shall be sealed and remain sealed until the test is run again
3on election day. If any error is detected, the cause of the
4error shall be determined and corrected, and an errorless
5public test shall be made before the automatic tabulating
6equipment is approved. Each election authority shall file a
7sealed copy of each tested program to be used within its
8jurisdiction at an election with the State Board of Elections
9before the election. The Board shall secure the program or
10programs of each election jurisdiction so filed in its office
11until the next election of the same type (general primary,
12general election, consolidated primary, or consolidated
13election) for which the program or programs were filed. At the
14expiration of that time, if no election contest or appeal is
15pending in an election jurisdiction, the Board shall destroy
16the sealed program or programs. Except where in-precinct
17counting equipment is used, the test shall be repeated
18immediately before the start of the official counting of the
19ballots, in the same manner as set forth above. After the
20completion of the count, the test shall be re-run using the
21same program. Immediately after the re-run, all material used
22in testing the program and the programs shall be sealed and
23retained under the custody of the election authority for a
24period of 60 days. At the expiration of that time the election
25authority shall destroy the voted ballots, together with all
26unused ballots returned from the precincts. Provided, if any

 

 

HB3405- 30 -LRB099 09054 SXM 29243 b

1contest of election is pending at the time in which the ballots
2may be required as evidence and the election authority has
3notice of the contest, the same shall not be destroyed until
4after the contest is finally determined. If the use of back-up
5equipment becomes necessary, the same testing required for the
6original equipment shall be conducted.
7(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
 
8    (10 ILCS 5/24C-16)
9    Sec. 24C-16. Approval of Direct Recording Electronic
10Voting Systems; Requisites. The State Board of Elections shall
11approve all Direct Recording Electronic Voting Systems that
12fulfill the functional requirements provided by Section 24C-11
13of this Code, voluntary provisions and the mandatory
14requirements of the federal voting system standards pertaining
15to Direct Recording Electronic Voting Systems promulgated by
16the Federal Election Commission or the Election Assistance
17Commission, the testing requirements of an approved
18independent testing authority and the rules of the State Board
19of Elections.
20    The State Board of Elections shall not approve any Direct
21Recording Electronic Voting System that (i) has not been
22certified by the Federal Election Commission or the Election
23Assistance Commission or (ii) includes an external Infrared
24Data Association (IrDA) communications port.
25    The State Board of Elections is authorized to withdraw its

 

 

HB3405- 31 -LRB099 09054 SXM 29243 b

1approval of a Direct Recording Electronic Voting System if the
2System, once approved, fails to fulfill the above requirements.
3    The vendor, person, or other private entity shall be solely
4responsible for the production and cost of: all application
5fees; all ballots; additional temporary workers; and other
6equipment or facilities needed and used in the testing of the
7vendor's, person's, or other private entity's respective
8equipment and software.
9    Any voting system vendor, person, or other private entity
10seeking the State Board of Elections' approval of a voting
11system shall, as part of the approval application, submit to
12the State Board a non-refundable fee. The State Board of
13Elections by rule shall establish an appropriate fee structure,
14taking into account the type of voting system approval that is
15requested (such as approval of a new system, a modification of
16an existing system, the size of the modification, etc.). No
17voting system or modification of a voting system shall be
18approved unless the fee is paid.
19    No vendor, person, or other entity may sell, lease, or
20loan, or have a written contract, including a contract
21contingent upon State Board approval of the voting system or
22voting system component, to sell, lease, or loan, a Direct
23Recording Electronic Voting System or system component to any
24election jurisdiction unless the system or system component is
25first approved by the State Board of Elections pursuant to this
26Section.

 

 

HB3405- 32 -LRB099 09054 SXM 29243 b

1(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
2    Section 10. The State Finance Act is amended by adding
3Section 5.866 as follows:
 
4    (30 ILCS 105/5.866 new)
5    Sec. 5.866. The Election Integrity Fund.

 

 

HB3405- 33 -LRB099 09054 SXM 29243 b

1 INDEX
2 Statutes amended in order of appearance
3    10 ILCS 5/19A-75
4    10 ILCS 5/Art. 21B heading
5    new
6    10 ILCS 5/21B-5 new
7    10 ILCS 5/21B-10 new
8    10 ILCS 5/21B-15 new
9    10 ILCS 5/21B-20 new
10    10 ILCS 5/21B-25 new
11    10 ILCS 5/21B-30 new
12    10 ILCS 5/21B-35 new
13    10 ILCS 5/21B-40 new
14    10 ILCS 5/21B-45 new
15    10 ILCS 5/21B-50 new
16    10 ILCS 5/21B-55 new
17    10 ILCS 5/21B-60 new
18    10 ILCS 5/21B-65 new
19    10 ILCS 5/21B-70 new
20    10 ILCS 5/21B-75 new
21    10 ILCS 5/21B-80 new
22    10 ILCS 5/21B-85 new
23    10 ILCS 5/21B-90 new
24    10 ILCS 5/21B-95 new
25    10 ILCS 5/21B-100 new

 

 

HB3405- 34 -LRB099 09054 SXM 29243 b

1    10 ILCS 5/24B-2
2    10 ILCS 5/24B-16
3    10 ILCS 5/24C-2
4    10 ILCS 5/24C-9
5    10 ILCS 5/24C-16
6    30 ILCS 105/5.866 new