Illinois General Assembly

Previous General Assemblies

Full Text of SB1519  99th General Assembly

SB1519 99TH GENERAL ASSEMBLY


 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1519

 

Introduced 2/20/2015, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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. 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. Creates the Illinois Election Integrity Act. Provides that the fund shall be administered by the State Board of Elections and, in addition to contributions from income tax checkoffs, the fund shall accept voluntary contributions. Provides that the State Board of Elections shall use the moneys in the fund to perform election audits. Creates the Illinois Election Integrity Fund as a special fund in the State Treasury. Makes a corresponding change to the State Finance Act. Amends the Illinois Income Tax Act. Provides that, for taxable years ending on or after December 31, 2014, the Department of Revenue must print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Election Integrity Fund, he or she may do so by stating the amount of the contribution (not less than $3) on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return.


LRB099 09373 MGM 29579 b

 

 

A BILL FOR

 

SB1519LRB099 09373 MGM 29579 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Election Integrity Act.
 
6    Section 5. The Illinois Election Integrity Fund. The
7Illinois Election Integrity Fund is hereby created as a special
8fund in the State Treasury. The fund shall be administered by
9the State Board of Elections and, in addition to contributions
10from income tax checkoffs, the fund shall accept voluntary
11contributions. The State Board of Elections shall use the
12moneys in the fund to perform election audits.
 
13    Section 900. The Election Code is amended by changing
14Sections 19A-75, 24B-2, 24B-16, 24C-2, 24C-9, and 24C-16 and by
15adding the heading of Article 21B and Sections 21B-5, 21B-10,
1621B-15, 21B-20, 21B-25, 21B-30, 21B-35, 21B-40, 21B-45,
1721B-50, 21B-55, 21B-60, 21B-65, 21B-70, 21B-75, 21B-80,
1821B-85, 21B-90, and 21B-95 as follows:
 
19    (10 ILCS 5/19A-75)
20    (Text of Section before amendment by P.A. 98-1171)
21    Sec. 19A-75. Early voting in jurisdictions using Direct

 

 

SB1519- 2 -LRB099 09373 MGM 29579 b

1Recording Electronic Voting Systems under Article 24C.
2Election authorities that have adopted for use Direct Recording
3Electronic Voting Systems under Article 24C may (i) either use
4those voting systems to conduct early voting, provided that
5each early voting polling place shall have available sufficient
6paper ballots for those voters who request them, consistent
7with the limitations set forth in subsection (b) of Section
819A-10, or (ii) , so long as at least one Direct Recording
9Electronic Voting System device is available at each early
10voting polling place, use whatever method the election
11authority uses for absentee balloting conducted by mail;
12provided that no early ballots are counted before the polls
13close on election day.
14(Source: P.A. 94-645, eff. 8-22-05.)
 
15    (Text of Section after amendment by P.A. 98-1171)
16    Sec. 19A-75. Early voting in jurisdictions using Direct
17Recording Electronic Voting Systems under Article 24C.
18Election authorities that have adopted for use Direct Recording
19Electronic Voting Systems under Article 24C may (i) either use
20those voting systems to conduct early voting, provided that
21each early voting polling place shall have available sufficient
22paper ballots for those voters who request them, consistent
23with the limitations set forth in subsection (b) of Section
2419A-10, or (ii) , so long as at least one Direct Recording
25Electronic Voting System device is available at each early

 

 

SB1519- 3 -LRB099 09373 MGM 29579 b

1voting polling place, use whatever method the election
2authority uses for vote by mail balloting; provided that no
3early ballots are counted before the polls close on election
4day.
5(Source: P.A. 98-1171, eff. 6-1-15.)
 
6    (10 ILCS 5/Art. 21B heading new)
7
ARTICLE 21B. AUDITS

 
8    (10 ILCS 5/21B-5 new)
9    Sec. 21B-5. Election day audit. There shall be conducted a
1010% election day audit of all votes cast for each designated
11race or proposition on election day.
 
12    (10 ILCS 5/21B-10 new)
13    Sec. 21B-10. Scope of the audit. The 10% audit shall be
14conducted for all races or propositions that meet the following
15criteria:
16        (1) all statewide offices and propositions;
17        (2) all countywide offices and propositions;
18        (3) all federal races; and
19        (4) any municipal or other political sub-division or
20    taxing entity races where the number of registered voters
21    eligible to vote on that race or proposition exceeds 50,000
22    voters.
 

 

 

SB1519- 4 -LRB099 09373 MGM 29579 b

1    (10 ILCS 5/21B-15 new)
2    Sec. 21B-15. Time and place of the audit. The 10% audits
3shall take place on election day as soon as practicable after
4the close of the polls and shall take place at the location
5where votes are originally counted (in-precinct for all votes
6cast on election day and at the central counting location for
7early voting, grace, and absentee ballots), provided that the
810% hand count shall be subordinate to and not interfere with
9the reporting of election results.
 
10    (10 ILCS 5/21B-20 new)
11    Sec. 21B-20. Conduct. The election day audit shall be
12conducted by election judges selected and appointed in the same
13manner as set forth in Sections 13-1, 13-2, 14-1, 14-2, and
1414-3 of this Code. Election authorities may implement the
15appointment of part-time judges, job-sharing, split shifts, or
16other methods of allocating election judge resources to ensure
17that sufficient judges are available to conduct the election
18day audits in a timely and efficient manner.
 
19    (10 ILCS 5/21B-25 new)
20    Sec. 21B-25. Random selection of ballots to be examined.
21    (a) The election authority shall provide to each polling
22place, precinct, or central counting location as appropriate
23one set of 10 plastic disks, each imprinted on one or both
24sides with a number from 1 to 10. Each disk shall have one such

 

 

SB1519- 5 -LRB099 09373 MGM 29579 b

1number imprinted, with the same number on each side, and no 2
2disks shall have the same number. In addition, a suitable
3opaque container shall be provided sufficient to contain the
4set.
5    (b) After the close of the polls and prior to the
6commencement of the election day audit, the election judges
7present shall select one of their number to place the numbered
8disk in the container and shake the container sufficiently so
9that the disks shall be in random order. The judges shall
10select another of their number to select one such disk from the
11container in such a manner that the selecting judge has no
12knowledge of which disk he or she is selecting. The disk drawn
13from the container shall be examined and the number of the disk
14chosen publicly announced. That result shall indicate which
15ballots are to be examined, e.g. a result of 7 shall require
16that the seventh and every tenth ballot thereafter be examined
17(7, 17, 27, etc.). The result of the drawing shall be recorded
18on the summary report section set forth in Section 21B-35.
 
19    (10 ILCS 5/21B-30 new)
20    Sec. 21B-30. Ballots or paper records to be examined.
21    (a) The election authority shall provide to each polling
22place, precinct, or central counting location as appropriate
23one self-inked consecutive numbering stamp capable of
24numbering from 1 to 999,999.
25    (b) All paper ballots shall be placed in a single stack in

 

 

SB1519- 6 -LRB099 09373 MGM 29579 b

1a random order as retrieved from the ballot boxes and each
2ballot shall be stamped with a consecutive number, starting
3with the number 1 until all ballots have been numbered.
4    (c) The starting number and tenth ballot thereafter shall
5be examined in accordance with the selection number resulting
6from the operation of Section 21B-25.
7    (d) For paper records printed by Direct Recording
8Electronic (DRE) voting machines, the paper records shall be
9examined in the order printed on the DRE produced paper records
10selecting each starting and tenth paper record thereafter in
11accordance with the selection number resulting from the
12operation of Section 21B-25.
13    (e) For paper records printed by Direct Recording
14Electronic (DRE) voting machines, only the human-readable
15portion of the paper record shall be used in the election day
16audit. The use of bar codes or other human unreadable records
17of votes shall not be permitted.
 
18    (10 ILCS 5/21B-35 new)
19    Sec. 21B-35. Reports.
20    (a) Prior to election day, the appropriate election
21authority shall cause to be created and printed an audit
22summary form that shall state the races and propositions to be
23audited in accordance with Section 21B-10 and shall have
24pre-printed spaces, boxes, or both in which the results of the
25election day audit shall be recorded. This form shall also

 

 

SB1519- 7 -LRB099 09373 MGM 29579 b

1include a reconciliation of all ballots counted by category,
2such as provisional, federal only, standard, etc., and shall be
3provided in sufficient number to all auditing locations to
4facilitate the required distribution.
5    (b) Upon completion of the audit, 6 copies of the election
6day audit summary shall be signed by all the judges
7participating in the election day audit and shall be
8distributed as follows:
9        (1) One copy shall be posted in the polling or counting
10    location in a manner that the election day audit summary is
11    clearly visible and available for public inspection for a
12    period of not less than one hour.
13        (2) Two copies shall be placed in the ballot box or
14    designated envelope or envelopes and transported to the
15    election authority in the same manner as ballots.
16        (3) Three copies shall be made available on request to
17    pollwatchers or members of the public in that order of
18    preference.
19        (4) Pollwatchers and other observers in the polls may
20    take photographs of the posted copies without restriction.
21    (c) The audit reports from all in-precinct and central
22counting locations shall be received by the election authority
23and a consolidated report shall be prepared. The consolidated
24reports shall be published by the election authority within 24
25hours after the closing of the polls, and the authorities shall
26certify the election day audit results and maintain both

 

 

SB1519- 8 -LRB099 09373 MGM 29579 b

1consolidated and individual location reports in the same manner
2and for the same period of time as ballots, except that copies
3of consolidated and individual location reports shall be
4available to the public upon request. If that election
5authority maintains a public website, then the copies shall
6also be made freely available to the public via the Internet
7for a period of not less than 60 days.
8    (d) The certified Consolidated and individual location
9reports shall be deemed admissible as evidence to the extent
10permitted by law in any action for discovery or other recount.
 
11    (10 ILCS 5/21B-40 new)
12    Sec. 21B-40. Parallel, independent audits. There shall be
13conducted an independent parallel tabulation and audit for each
14race or proposition in every election.
 
15    (10 ILCS 5/21B-45 new)
16    Sec. 21B-45. Authority. Each election authority shall be
17empowered on behalf of all voters in that jurisdiction to
18contract for, employ, or both contract for and employ one or
19more independent auditors to conduct a parallel count and
20tabulation of the results of every election conducted by the
21election authority for every race and proposition in the
22election.
 
23    (10 ILCS 5/21B-50 new)

 

 

SB1519- 9 -LRB099 09373 MGM 29579 b

1    Sec. 21B-50. Independent election audit committee. Each
2election authority shall cause to be constituted an independent
3election audit committee (EAC) of not less than 5 members, that
4shall have as its primary duties: (1) the preparation of a
5request for proposal (RFP) for the parallel election tabulation
6and audit (PETA) and (2) the selection of the independent
7auditor or auditors to perform such audit.
 
8    (10 ILCS 5/21B-55 new)
9    Sec. 21B-55. Time of convening. The election audit
10committee for each jurisdiction shall convene at least 120 days
11prior to election day and meet thereafter as often as shall be
12deemed necessary and proper by its membership.
 
13    (10 ILCS 5/21B-60 new)
14    Sec. 21B-60. Committee composition. The election audit
15committee shall consist of the following members:
16        (1) One member appointed by each political party that
17    shall have had a candidate for jurisdiction-wide public
18    office in that jurisdiction on the ballot for the previous
19    general election, provided that the party shall have had at
20    least one candidate who received 10% of the ballots cast in
21    that election.
22        (2) Two members appointed by the election authority for
23    the jurisdiction.
24        (3) One election judge from each of the political

 

 

SB1519- 10 -LRB099 09373 MGM 29579 b

1    parties qualifying under paragraph (1) who has served as an
2    election judge in the most recent election conducted in
3    that jurisdiction and at least 2 previous elections. The
4    election judge members shall be selected by lot from among
5    the pool of available judges from the most recent election
6    conducted in that jurisdiction.
 
7    (10 ILCS 5/21B-65 new)
8    Sec. 21B-65. Request for proposal. Each election authority
9shall issue a request for proposal (RFP) for a parallel
10election tabulation and audit as prepared by the independent
11election audit committee not less than 90 days before election
12day. The proposals shall be examined and reviewed by the EAC,
13and the election authority (or other governmental body with
14appropriation and contracting authority for the jurisdiction)
15shall award the contract for the audit not less than 45 days
16before each election.
 
17    (10 ILCS 5/21B-70 new)
18    Sec. 21B-70. Funding. The public accounting firm
19conducting the PETA shall be paid from public funds
20appropriated by each election jurisdiction and designated for
21that purposes.
 
22    (10 ILCS 5/21B-75 new)
23    Sec. 21B-75. Contractor qualifications. To qualify to

 

 

SB1519- 11 -LRB099 09373 MGM 29579 b

1submit a proposal, a potential PETA contractor shall include in
2its response to the RFP:
3        (1) Evidence that it is a public accounting firm
4licensed by the State of Illinois to perform financial audits.
5        (2) Provide evidence that upon awarding of a contract
6to conduct the parallel election tabulation, the firm can post
7a performance bond equal to $1 for every registered voter in
8that jurisdiction.
9        (3) An agreement to submit a response to the RFP that
10shall limit the aggregate amount to be paid the contractor to
11not more than (i) $75 per precinct audited, (ii) $0.075 per
12ballot or paper record counted and tallied at central counting
13locations, or (iii) both (i) and (ii).
14        (4) A statement of performance secured by the
15performance bond in item (2) that above the parallel election
16tabulation and audit shall be completed and public reports
17submitted within the time limitations set forth in Section
1821B-85.
 
19    (10 ILCS 5/21B-80 new)
20    Sec. 21B-80. Award. The public accounting firm awarded the
21contract shall be granted access to any and all records of the
22election, including but not limited to paper ballots, portable
23computer memory devices from DREs, scanning devices, central
24count devices, paper records, ballot generating software,
25counting and tabulation software, computer logs and error

 

 

SB1519- 12 -LRB099 09373 MGM 29579 b

1reports of all voting machines and central tabulation devices,
2servers, communications protocols, databases of all types
3including registration databases, pollwatcher and election
4judge logs and reports, and any other records deemed relevant
5to the conduct of the election as the auditing entity shall
6deem necessary and reasonable for the conduct of the parallel
7election tabulation and audit.
 
8    (10 ILCS 5/21B-85 new)
9    Sec. 21B-85. Reports.
10    (a) The public accounting firm shall produce an initial
11results report within 72 hours after the close of the polls
12that shall examine and comment on at least, but not limited to,
13the following:
14        (1) Whether proper procedures were used in the
15    compilation and tabulation of the 10% election day audit.
16        (2) Whether each voter's choices were accurately
17    summarized in the precinct or central count tallying.
18        (3) To the extent possible to determine from the
19    records available, that the central tabulation procedures,
20    equipment, and software functioned correctly and that the
21    totals reflected in the internal and public tabulation of
22    votes was consistent and accurate.
23    The auditing entity shall certify, with any exceptions
24noted thereto, the tabulated results of each race or
25proposition of the election as being accurate to the extent

 

 

SB1519- 13 -LRB099 09373 MGM 29579 b

1that the winner of each race or the prevailing result for each
2proposition is correct. For each and every race for which the
3auditing entity is unable to certify, it shall state the
4reasons therefore, citing specific circumstances as to why it
5is unable to certify the outcome.
6    (b) The public accounting firm shall produce an operational
7report within 21 days after the close of the polls that shall
8examine and comment on at least, but not limited to, the
9following:
10        (1) Pre-election preparation including the compiling
11    and production of registration and eligible voter lists,
12    including printed ballot applications and voter records in
13    electronic poll books, and candidate, voter, and
14    pollworker accessible records of eligibility.
15        (2) Proper compiling and production of ballots, both
16    paper and electronic, as to completeness and accuracy for
17    each ballot style produced.
18        (3) Adequacy and completeness of training manuals,
19    election judge's manuals, voter instruction materials, and
20    other internal and public documents related to the
21    election.
22        (4) The election process during the time the polls were
23    open, including reports of machine failures, election
24    problems of all varieties, pollworkers and pollwatchers,
25    reports in order to determine and express an opinion of the
26    efficacy of the election process and to determine to the

 

 

SB1519- 14 -LRB099 09373 MGM 29579 b

1    extent possible that:
2            (A) All eligible voters were given an opportunity
3        to vote.
4            (B) Each voter received a proper and complete
5        ballot.
6            (C) Each voter's choices were properly recorded by
7        the electronic or mechanical machines used in the
8        voting process.
9        (b-5) The auditors of the parallel election tabulation
10    shall examine the processes used after the polls closed to
11    determine, to the extent possible from the records
12    available, if:
13            (1) All election materials were properly secured
14        and that a complete and unbroken chain of custody
15        exists for all election materials.
16            (2) In the case where election authorities gather
17        election results through electronic transmission,
18        either through land lines or wireless networks, the
19        transmissions were secure, reliable, and accurate.
20    (c) The auditing entity shall produce a report that
21adequately describes all problems associated with the election
22process and to the extent possible the causes of those
23problems.
24    (d) To the extent possible within the time constraints
25imposed by the 21-day requirement, the auditing entity shall
26include in its report recommendations for modifications to

 

 

SB1519- 15 -LRB099 09373 MGM 29579 b

1procedures, equipment, or software that would eliminate
2problems or improve the efficiency and accuracy of the process
3in whatever stage examined or reported.
 
4    (10 ILCS 5/21B-90 new)
5    Sec. 21B-90. Availability and ownership of parallel
6election tabulation and audit reports.
7    (a) The report of the auditing entity shall be public
8property, in the public domain, and available to anyone upon
9request and payment of a reasonable fee, subject to the
10provisions of the Freedom of Information Act (5 ILCS 140/).
11    (b) If the election authority contracting for the parallel
12election tabulation and audit report maintains a website, the
13Report shall be posted on the publicly accessible portion of
14the website in an appropriate format for downloading and
15printing by the public.
 
16    (10 ILCS 5/21B-95 new)
17    Sec. 21B-95. Legal effect. The parallel election
18tabulation and audit reports shall be deemed admissible as
19evidence to the extent permitted by law in any action for
20discovery or other recount.
 
21    (10 ILCS 5/24B-2)
22    Sec. 24B-2. Definitions. As used in this Article:
23    "Approved independent testing authority" means an

 

 

SB1519- 16 -LRB099 09373 MGM 29579 b

1independent laboratory or authority certified by the federal
2Election Assistance Commission (EAC).
3    "Computer", "automatic tabulating equipment" or
4"equipment" includes apparatus necessary to automatically
5examine and count votes as designated on ballots, and data
6processing machines which can be used for counting ballots and
7tabulating results.
8    "Ballot" means paper ballot sheets.
9    "Ballot configuration" means the particular combination of
10political subdivision ballots including, for each political
11subdivision, the particular combination of offices, candidate
12names and questions as it appears for each group of voters who
13may cast the same ballot.
14    "Ballot sheet" means a paper ballot printed on one or both
15sides which is (1) designed and prepared so that the voter may
16indicate his or her votes in designated areas, which must be
17areas clearly printed or otherwise delineated for such purpose,
18and (2) capable of having votes marked in the designated areas
19automatically examined, counted, and tabulated by an
20electronic scanning process.
21    "Central counting" means the counting of ballots in one or
22more locations selected by the election authority for the
23processing or counting, or both, of ballots. A location for
24central counting shall be within the territorial jurisdiction
25of the election authority unless there is no suitable
26tabulating equipment available within his territorial

 

 

SB1519- 17 -LRB099 09373 MGM 29579 b

1jurisdiction. However, in any event a counting location shall
2be within this State.
3    "Computer operator" means any person or persons designated
4by the election authority to operate the automatic tabulating
5equipment during any portion of the vote tallying process in an
6election, but shall not include judges of election operating
7vote tabulating equipment in the precinct.
8    "Computer program" or "program" means the set of operating
9instructions for the automatic tabulating equipment that
10examines, counts, tabulates, canvasses and prints votes
11recorded by a voter on a ballot.
12    "Edit listing" means a computer generated listing of the
13names of each candidate and proposition as they appear in the
14program for each precinct.
15    "Header sheet" means a data processing document which is
16coded to indicate to the computer the precinct identity of the
17ballots that will follow immediately and may indicate to the
18computer how such ballots are to be tabulated.
19    "In-precinct counting" means the counting of ballots on
20automatic tabulating equipment provided by the election
21authority in the same precinct polling place in which those
22ballots have been cast.
23    "Marking device" means a pen, computer, or other device
24approved by the State Board of Elections for marking, or
25causing to be marked, a paper ballot with ink or other
26substance which will enable the ballot to be tabulated by

 

 

SB1519- 18 -LRB099 09373 MGM 29579 b

1automatic tabulating equipment or by an electronic scanning
2process.
3    "Precinct Tabulation Optical Scan Technology" means the
4capability to examine a ballot through electronic means and
5tabulate the votes at one or more counting places.
6    "Redundant count" means a verification of the original
7computer count by another count using compatible equipment or
8by hand as part of a discovery recount.
9    "Security designation" means a printed designation placed
10on a ballot to identify to the computer program the offices and
11propositions for which votes may be cast and to indicate the
12manner in which votes cast should be tabulated while negating
13any inadmissible votes.
14    "Separate ballot", with respect to ballot sheets, means a
15separate portion of the ballot sheet which is clearly defined
16by a border or borders or shading.
17    "Specimen ballot" means a representation of names of
18offices and candidates and statements of measures to be voted
19on which will appear on the official ballot or marking device
20on election day. The specimen ballot also contains the party
21and position number where applicable.
22    "Voting defect identification" means the capability to
23detect overvoted ballots or ballots which cannot be read by the
24automatic tabulating equipment.
25    "Voting defects" means an overvoted ballot, or a ballot
26which cannot be read by the automatic tabulating equipment.

 

 

SB1519- 19 -LRB099 09373 MGM 29579 b

1    "Voting system" or "electronic voting system" means that
2combination of equipment and programs used in the casting,
3examination and tabulation of ballots and the cumulation and
4reporting of results by electronic means.
5(Source: P.A. 93-574, eff. 8-21-03.)
 
6    (10 ILCS 5/24B-16)
7    Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
8Technology Voting Systems; Requisites. The State Board of
9Elections shall approve all Precinct Tabulation Optical Scan
10Technology voting systems provided by this Article that fulfill
11the voluntary provisions and mandatory requirements of the
12federal voting system standards pertaining to Precinct
13Tabulation Optical Scan Technology voting systems promulgated
14by the Federal Election Commission or the Election Assistance
15Commission and that fulfill the testing requirements of an
16approved independent testing authority.
17    No Precinct Tabulation Optical Scan Technology voting
18system shall be approved unless it has been certified by the
19Federal Election Commission or the Election Assistance
20Commission and fulfills the following requirements:
21        (a) It enables a voter to vote in absolute secrecy;
22        (b) (Blank);
23        (c) It enables a voter to vote a ticket selected in
24    part from the nominees of one party, and in part from the
25    nominees of any or all parties, and in part from

 

 

SB1519- 20 -LRB099 09373 MGM 29579 b

1    independent candidates, and in part of candidates whose
2    names are written in by the voter;
3        (d) It enables a voter to vote a written or printed
4    ticket of his or her own selection for any person for any
5    office for whom he or she may desire to vote;
6        (e) It will reject all votes for an office or upon a
7    proposition when the voter has cast more votes for the
8    office or upon the proposition than he or she is entitled
9    to cast;
10        (e-5) It will identify when a voter has not voted for
11    all statewide constitutional offices; and
12        (f) It will accommodate all propositions to be
13    submitted to the voters in the form provided by law or,
14    where no form is provided, then in brief form, not to
15    exceed 75 words.
16    The State Board of Elections shall not approve any voting
17equipment or system that includes an external Infrared Data
18Association (IrDA) communications port.
19    The State Board of Elections is authorized to withdraw its
20approval of a Precinct Tabulation Optical Scan Technology
21voting system if the system fails to fulfill the above
22requirements.
23    The vendor, person, or other private entity shall be solely
24responsible for the production and cost of: all application
25fees; all ballots; additional temporary workers; and other
26equipment or facilities needed and used in the testing of the

 

 

SB1519- 21 -LRB099 09373 MGM 29579 b

1vendor's, person's, or other private entity's respective
2equipment and software.
3    Any voting system vendor, person, or other private entity
4seeking the State Board of Elections' approval of a voting
5system shall, as part of the approval application, submit to
6the State Board a non-refundable fee. The State Board of
7Elections by rule shall establish an appropriate fee structure,
8taking into account the type of voting system approval that is
9requested (such as approval of a new system, a modification of
10an existing system, the size of the modification, etc.). No
11voting system or modification of a voting system shall be
12approved unless the fee is paid.
13    No vendor, person, or other entity may sell, lease, or
14loan, or have a written contract, including a contract
15contingent upon State Board approval of the voting system or
16voting system component, to sell, lease, or loan, a voting
17system or Precinct Tabulation Optical Scan Technology voting
18system component to any election jurisdiction unless the voting
19system or voting system component is first approved by the
20State Board of Elections pursuant to this Section.
21(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
22    (10 ILCS 5/24C-2)
23    Sec. 24C-2. Definitions. As used in this Article:
24    "Approved independent testing authority" means an
25independent laboratory or authority certified by the federal

 

 

SB1519- 22 -LRB099 09373 MGM 29579 b

1Election Assistance Commission (EAC).
2    "Audit trail" or "audit capacity" means a continuous trail
3of evidence linking individual transactions related to the
4casting of a vote, the vote count and the summary record of
5vote totals, but which shall not allow for the identification
6of the voter. It shall permit verification of the accuracy of
7the count and detection and correction of problems and shall
8provide a record of each step taken in: defining and producing
9ballots and generating related software for specific
10elections; installing ballots and software; testing system
11readiness; casting and tabulating ballots; and producing
12images of votes cast and reports of vote totals. The record
13shall incorporate system status and error messages generated
14during election processing, including a log of machine
15activities and routine and unusual intervention by authorized
16and unauthorized individuals. Also part of an audit trail is
17the documentation of such items as ballots delivered and
18collected, administrative procedures for system security,
19pre-election testing of voting systems, and maintenance
20performed on voting equipment. All test plans, test results,
21documentation, and other records used to plan, execute, and
22record the results of the testing and verification, including
23all material prepared or used by independent testing
24authorities or other third parties, shall be made part of the
25public record and shall be freely available via the Internet
26and paper copy to anyone. "Audit trail" or "audit capacity"

 

 

SB1519- 23 -LRB099 09373 MGM 29579 b

1also means that the voting system is capable of producing and
2shall produce immediately after a ballot is cast a permanent
3paper record of each ballot cast that shall be available as an
4official record for any recount, redundant count, or
5verification or retabulation of the vote count conducted with
6respect to any election in which the voting system is used.
7    "Ballot" means an electronic audio or video display or any
8other medium, including paper, used to record a voter's choices
9for the candidates of their preference and for or against
10public questions.
11    "Ballot configuration" means the particular combination of
12political subdivision or district ballots including, for each
13political subdivision or district, the particular combination
14of offices, candidate names and public questions as it appears
15for each group of voters who may cast the same ballot.
16    "Ballot image" means a corresponding representation in
17electronic or paper form of the mark or vote position of a
18ballot.
19    "Ballot label" or "ballot screen" means the display of
20material containing the names of offices and candidates and
21public questions to be voted on.
22    "Central counting" means the counting of ballots in one or
23more locations selected by the election authority for the
24processing or counting, or both, of ballots. A location for
25central counting shall be within the territorial jurisdiction
26of the election authority unless there is no suitable

 

 

SB1519- 24 -LRB099 09373 MGM 29579 b

1tabulating equipment available within his territorial
2jurisdiction. However, in any event a counting location shall
3be within this State.
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    "Computer operator" means any person or persons designated
10by the election authority to operate the automatic tabulating
11equipment during any portion of the vote tallying process in an
12election, but shall not include judges of election operating
13vote tabulating equipment in the precinct.
14    "Computer program" or "program" means the set of operating
15instructions for the automatic tabulating equipment that
16examines, records, displays, counts, tabulates, canvasses, or
17prints votes recorded by a voter on a ballot or that displays
18any and all information, graphics, or other visual or audio
19information or images used in presenting voting information,
20instructions, or voter choices.
21    "Direct recording electronic voting system", "voting
22system" or "system" means the total combination of mechanical,
23electromechanical or electronic equipment, programs and
24practices used to define ballots, cast and count votes, report
25or display election results, maintain or produce any audit
26trail information, identify all system components, test the

 

 

SB1519- 25 -LRB099 09373 MGM 29579 b

1system during development, maintenance and operation, maintain
2records of system errors and defects, determine specific system
3changes to be made to a system after initial qualification, and
4make available any materials to the voter such as notices,
5instructions, forms or paper ballots.
6    "Edit listing" means a computer generated listing of the
7names of each candidate and public question as they appear in
8the program for each precinct.
9    "In-precinct counting" means the recording and counting of
10ballots on automatic tabulating equipment provided by the
11election authority in the same precinct polling place in which
12those ballots have been cast.
13    "Marking device" means any device approved by the State
14Board of Elections for marking a ballot so as to enable the
15ballot to be recorded, counted and tabulated by automatic
16tabulating equipment.
17    "Permanent paper record" means a paper record upon which
18shall be printed in human readable form the votes cast for each
19candidate and for or against each public question on each
20ballot recorded in the voting system. Each permanent paper
21record shall be printed by the voting device upon activation of
22the marking device by the voter and shall contain a unique,
23randomly assigned identifying number that shall correspond to
24the number randomly assigned by the voting system to each
25ballot as it is electronically recorded.
26    "Redundant count" means a verification of the original

 

 

SB1519- 26 -LRB099 09373 MGM 29579 b

1computer count of ballots by another count using compatible
2equipment or other means as part of a discovery recount,
3including a count of the permanent paper record of each ballot
4cast by using compatible equipment, different equipment
5approved by the State Board of Elections for that purpose, or
6by hand.
7    "Separate ballot" means a separate page or display screen
8of the ballot that is clearly defined and distinguishable from
9other portions of the ballot.
10    "Voting device" or "voting machine" means an apparatus that
11contains the ballot label or ballot screen and allows the voter
12to record his or her vote.
13(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
14    (10 ILCS 5/24C-9)
15    Sec. 24C-9. Testing of Direct Recording Electronic Voting
16System Equipment and Programs; Custody of Programs, Test
17Materials and Ballots. Prior to the public test, the election
18authority shall conduct an errorless pre-test of the Direct
19Recording Electronic Voting System equipment and programs to
20determine that they will correctly detect voting defects and
21count the votes cast for all offices and all public questions.
22On any day not less than 5 days prior to use in an the election
23day, the election authority shall publicly test the Direct
24Recording Electronic Voting System equipment and programs to
25determine that they will correctly detect voting errors and

 

 

SB1519- 27 -LRB099 09373 MGM 29579 b

1accurately count the votes legally cast for all offices and on
2all public questions. Public notice of the time and place of
3the test shall be given at least 48 hours before the test by
4publishing the notice in one or more newspapers within the
5election jurisdiction of the election authority, if a newspaper
6is published in that jurisdiction. If a newspaper is not
7published in that jurisdiction, notice shall be published in a
8newspaper of general circulation in that jurisdiction. Timely
9written notice stating the date, time, and location of the
10public test shall also be provided to the State Board of
11Elections. The test shall be open to representatives of the
12political parties, the press, representatives of the State
13Board of Elections, and the public. The test shall be conducted
14by entering a pre- audited group of votes designed to record a
15predetermined number of valid votes for each candidate and on
16each public question, and shall include for each office one or
17more ballots having votes exceeding the number allowed by law
18to test the ability of the automatic tabulating equipment to
19reject the votes. The test shall also include producing an edit
20listing. In those election jurisdictions where in-precinct
21counting equipment is used, a public test of both the equipment
22and program shall be conducted as nearly as possible in the
23manner prescribed above. The State Board of Elections may
24select as many election jurisdictions as the Board deems
25advisable in the interests of the election process of this
26State, to order a special test of the automatic tabulating

 

 

SB1519- 28 -LRB099 09373 MGM 29579 b

1equipment and program before any regular election. The Board
2may order a special test in any election jurisdiction where,
3during the preceding 12 months, computer programming errors or
4other errors in the use of System resulted in vote tabulation
5errors. Not less than 30 days before any election, the State
6Board of Elections shall provide written notice to those
7selected jurisdictions of their intent to conduct a test.
8Within 5 days of receipt of the State Board of Elections'
9written notice of intent to conduct a test, the selected
10jurisdictions shall forward to the principal office of the
11State Board of Elections a copy of all specimen ballots. The
12State Board of Elections' tests shall be conducted and
13completed not less than 2 days before the public test and under
14the supervision of the Board. The vendor, person, or other
15private entity shall be solely responsible for the production
16and cost of: all ballots; additional temporary workers; and
17other equipment or facilities needed and used in the testing of
18the vendor's, person's, or other private entity's respective
19equipment and software. After an errorless test, materials used
20in the public test, including the program, if appropriate,
21shall be sealed and remain sealed until the test is run again
22on election day. If any error is detected, the cause of the
23error shall be determined and corrected, and an errorless
24public test shall be made before the automatic tabulating
25equipment is approved. Each election authority shall file a
26sealed copy of each tested program to be used within its

 

 

SB1519- 29 -LRB099 09373 MGM 29579 b

1jurisdiction at an election with the State Board of Elections
2before the election. The Board shall secure the program or
3programs of each election jurisdiction so filed in its office
4until the next election of the same type (general primary,
5general election, consolidated primary, or consolidated
6election) for which the program or programs were filed. At the
7expiration of that time, if no election contest or appeal is
8pending in an election jurisdiction, the Board shall destroy
9the sealed program or programs. Except where in-precinct
10counting equipment is used, the test shall be repeated
11immediately before the start of the official counting of the
12ballots, in the same manner as set forth above. After the
13completion of the count, the test shall be re-run using the
14same program. Immediately after the re-run, all material used
15in testing the program and the programs shall be sealed and
16retained under the custody of the election authority for a
17period of 60 days. At the expiration of that time the election
18authority shall destroy the voted ballots, together with all
19unused ballots returned from the precincts. Provided, if any
20contest of election is pending at the time in which the ballots
21may be required as evidence and the election authority has
22notice of the contest, the same shall not be destroyed until
23after the contest is finally determined. If the use of back-up
24equipment becomes necessary, the same testing required for the
25original equipment shall be conducted.
26(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
 

 

 

SB1519- 30 -LRB099 09373 MGM 29579 b

1    (10 ILCS 5/24C-16)
2    Sec. 24C-16. Approval of Direct Recording Electronic
3Voting Systems; Requisites. The State Board of Elections shall
4approve all Direct Recording Electronic Voting Systems that
5fulfill the functional requirements provided by Section 24C-11
6of this Code, voluntary provisions and the mandatory
7requirements of the federal voting system standards pertaining
8to Direct Recording Electronic Voting Systems promulgated by
9the Federal Election Commission or the Election Assistance
10Commission, the testing requirements of an approved
11independent testing authority and the rules of the State Board
12of Elections.
13    The State Board of Elections shall not approve any Direct
14Recording Electronic Voting System that (i) has not been
15certified by the Federal Election Commission or the Election
16Assistance Commission or (ii) includes an external Infrared
17Data Association (IrDA) communications port.
18    The State Board of Elections is authorized to withdraw its
19approval of a Direct Recording Electronic Voting System if the
20System, once approved, fails to fulfill the above requirements.
21    The vendor, person, or other private entity shall be solely
22responsible for the production and cost of: all application
23fees; all ballots; additional temporary workers; and other
24equipment or facilities needed and used in the testing of the
25vendor's, person's, or other private entity's respective

 

 

SB1519- 31 -LRB099 09373 MGM 29579 b

1equipment and software.
2    Any voting system vendor, person, or other private entity
3seeking the State Board of Elections' approval of a voting
4system shall, as part of the approval application, submit to
5the State Board a non-refundable fee. The State Board of
6Elections by rule shall establish an appropriate fee structure,
7taking into account the type of voting system approval that is
8requested (such as approval of a new system, a modification of
9an existing system, the size of the modification, etc.). No
10voting system or modification of a voting system shall be
11approved unless the fee is paid.
12    No vendor, person, or other entity may sell, lease, or
13loan, or have a written contract, including a contract
14contingent upon State Board approval of the voting system or
15voting system component, to sell, lease, or loan, a Direct
16Recording Electronic Voting System or system component to any
17election jurisdiction unless the system or system component is
18first approved by the State Board of Elections pursuant to this
19Section.
20(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
21    Section 905. The State Finance Act is amended by adding
22Section 5.866 as follows:
 
23    (30 ILCS 105/5.866 new)
24    Sec. 5.866. The Illinois Election Integrity Fund.
 

 

 

SB1519- 32 -LRB099 09373 MGM 29579 b

1    Section 910. The Illinois Income Tax Act is amended by
2adding Section 507DDD as follows:
 
3    (35 ILCS 5/507DDD new)
4    Sec. 507DDD. The Illinois Election Integrity Fund
5checkoff. For taxable years ending on or after December 31,
62015, the Department must print on its standard individual
7income tax form a provision indicating that if the taxpayer
8wishes to contribute to the Illinois Election Integrity Fund,
9as authorized by the Illinois Election Integrity Act, he or she
10may do so by stating the amount of the contribution (not less
11than $3) on the return and that the contribution will reduce
12the taxpayer's refund or increase the amount of payment to
13accompany the return. Failure to remit any amount of increased
14payment shall reduce the contribution accordingly. This
15Section does not apply to any amended return.
 
16    Section 995. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.

 

 

SB1519- 33 -LRB099 09373 MGM 29579 b

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

 

 

SB1519- 34 -LRB099 09373 MGM 29579 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
7    35 ILCS 5/507DDD new