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Full Text of SB0834  100th General Assembly

SB0834 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0834

 

Introduced 2/1/2017, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Illinois Election Integrity Act. 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. Amends the State Finance Act. Creates the Election Integrity Fund as a special fund in the State treasury.


LRB100 09229 MLM 19385 b

 

 

A BILL FOR

 

SB0834LRB100 09229 MLM 19385 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 referred to as the
5Illinois Election Integrity Act.
 
6    Section 5. The Election Code is amended by changing
7Sections 19A-75, 24B-2, 24B-16, 24C-2, 24C-9, and 24C-16 and by
8adding Article 17A as follows:
 
9    (10 ILCS 5/19A-75)
10    Sec. 19A-75. Early voting in jurisdictions using Direct
11Recording Electronic Voting Systems under Article 24C.
12Election authorities that have adopted for use Direct Recording
13Electronic Voting Systems under Article 24C may (i) either use
14those voting systems to conduct early voting, provided that
15each early voting polling place shall have available sufficient
16paper ballots for those voters who request them, consistent
17with the limitations set forth in subsection (b) of Section
1819A-10, or (ii) , so long as at least one Direct Recording
19Electronic Voting System device is available at each early
20voting polling place, use whatever method the election
21authority uses for vote by mail balloting; provided that no
22early ballots are counted before the polls close on election

 

 

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1day.
2(Source: P.A. 98-1171, eff. 6-1-15.)
 
3    (10 ILCS 5/Art. 17A heading new)
4
ARTICLE 17A. AUDITS

 
5    (10 ILCS 5/17A-5 new)
6    Sec. 17A-5. Election day audit. There shall be conducted a
710% election day audit of all votes cast for each designated
8race or proposition on election day.
 
9    (10 ILCS 5/17A-10 new)
10    Sec. 17A-10. Scope of the audit. The 10% audit shall be
11conducted for all races or propositions that meet the following
12criteria:
13        (1) all statewide offices and propositions;
14        (2) all countywide offices and propositions;
15        (3) all federal races; and
16        (4) any municipal or other political sub-division or
17    taxing entity races where the number of registered voters
18    eligible to vote on that race or proposition exceeds 50,000
19    voters.
 
20    (10 ILCS 5/17A-15 new)
21    Sec. 17A-15. Time and place of the audit. The 10% audits
22shall take place on election day as soon as practicable after

 

 

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1the close of the polls and shall take place at the location
2where votes are originally counted (in-precinct for all votes
3cast on election day and at the central counting location for
4early voting, grace, and absentee ballots), provided that the
510% hand count shall be subordinate to and not interfere with
6the reporting of election results.
 
7    (10 ILCS 5/17A-20 new)
8    Sec. 17A-20. Conduct. The election day audit shall be
9conducted by election judges selected and appointed in the same
10manner as set forth in Sections 13-1, 13-2, 14-1, 14-2, and
1114-3 of this Code. Election authorities may implement the
12appointment of part-time judges, job-sharing, split shifts, or
13other methods of allocating election judge resources to ensure
14that sufficient judges are available to conduct the election
15day audits in a timely and efficient manner.
 
16    (10 ILCS 5/17A-25 new)
17    Sec. 17A-25. Random selection of ballots to be examined.
18    (a) The election authority shall provide to each polling
19place, precinct, or central counting location as appropriate
20one set of 10 plastic disks, each imprinted on one or both
21sides with a number from 1 to 10. Each disk shall have one such
22number imprinted, with the same number on each side, and no 2
23disks shall have the same number. In addition, a suitable
24opaque container shall be provided sufficient to contain the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1have as its primary duties: (1) the preparation of a request
2for proposal for the parallel election tabulation and audit and
3(2) the selection of the independent auditor or auditors to
4perform such audit.
 
5    (10 ILCS 5/17A-55 new)
6    Sec. 17A-55. Time of convening. The election audit
7committee for each jurisdiction shall convene at least 120 days
8prior to election day and meet thereafter as often as shall be
9deemed necessary and proper by its membership.
 
10    (10 ILCS 5/17A-60 new)
11    Sec. 17A-60. Committee composition. The election audit
12committee shall consist of the following members:
13        (1) One member appointed by each political party that
14    shall have had a candidate for jurisdiction-wide public
15    office in that jurisdiction on the ballot for the previous
16    general election, provided that the party shall have had at
17    least one candidate who received 10% of the ballots cast in
18    that election.
19        (2) Two members appointed by the election authority for
20    the jurisdiction.
21        (3) One election judge from each of the political
22    parties qualifying under paragraph (1) who has served as an
23    election judge in the most recent election conducted in
24    that jurisdiction and at least 2 previous elections. The

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1include in its report recommendations for modifications to
2procedures, equipment, or software that would eliminate
3problems or improve the efficiency and accuracy of the process
4in whatever stage examined or reported.
 
5    (10 ILCS 5/17A-90 new)
6    Sec. 17A-90. Availability and ownership of parallel
7election tabulation and audit reports.
8    (a) The report of the auditing entity shall be public
9property, in the public domain, and available to anyone upon
10request and payment of a reasonable fee, subject to the
11provisions of the Freedom of Information Act.
12    (b) If the election authority contracting for the parallel
13election tabulation and audit report maintains a website, the
14Report shall be posted on the publicly accessible portion of
15the website in an appropriate format for downloading and
16printing by the public.
 
17    (10 ILCS 5/17A-95 new)
18    Sec. 17A-95. Legal effect. The parallel election
19tabulation and audit reports shall be deemed admissible as
20evidence to the extent permitted by law in any action for
21discovery or other recount.
 
22    (10 ILCS 5/17A-100 new)
23    Sec. 17A-100. Illinois Election Integrity Fund. The

 

 

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1Illinois Election Integrity Fund is created as a special fund
2in the State treasury. All voluntary citizen contributions
3shall be deposited into the Fund. All moneys deposited into the
4Fund shall be used by the Illinois Board of Elections to
5administer this Fund and to use Fund proceeds for all required
6election audits. Approximately $2,000,000 in funding shall be
7required for the first election cycle covered under this Act.
8The Department must print on its standard individual income tax
9form a provision indicating that if the taxpayer wishes to
10contribute to the Election Integrity Fund, he or she may do so
11by stating the amount of the contribution on the return and
12that the contribution will reduce the taxpayer's refund or
13increase the amount of payment to accompany the return. Failure
14to remit any amount of increase payment shall reduce the
15contribution accordingly. This Section does not apply to any
16amended return. All proceeds from voluntary taxpayer checkoffs
17shall provide additional funding to cover the administration of
18this Act and the costs of required election audits.
 
19    (10 ILCS 5/24B-2)
20    Sec. 24B-2. Definitions. As used in this Article:
21    "Approved independent testing authority" means an
22independent laboratory or authority certified by the federal
23Election Assistance Commission.
24    "Computer", "automatic tabulating equipment" or
25"equipment" includes apparatus necessary to automatically

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1"equipment" includes apparatus necessary to automatically
2examine and count votes as designated on ballots, and data
3processing machines which can be used for counting ballots and
4tabulating results.
5    "Computer operator" means any person or persons designated
6by the election authority to operate the automatic tabulating
7equipment during any portion of the vote tallying process in an
8election, but shall not include judges of election operating
9vote tabulating equipment in the precinct.
10    "Computer program" or "program" means the set of operating
11instructions for the automatic tabulating equipment that
12examines, records, displays, counts, tabulates, canvasses, or
13prints votes recorded by a voter on a ballot or that displays
14any and all information, graphics, or other visual or audio
15information or images used in presenting voting information,
16instructions, or voter choices.
17    "Direct recording electronic voting system", "voting
18system" or "system" means the total combination of mechanical,
19electromechanical or electronic equipment, programs and
20practices used to define ballots, cast and count votes, report
21or display election results, maintain or produce any audit
22trail information, identify all system components, test the
23system during development, maintenance and operation, maintain
24records of system errors and defects, determine specific system
25changes to be made to a system after initial qualification, and
26make available any materials to the voter such as notices,

 

 

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

 

 

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1approved by the State Board of Elections for that purpose, or
2by hand.
3    "Separate ballot" means a separate page or display screen
4of the ballot that is clearly defined and distinguishable from
5other portions of the ballot.
6    "Voting device" or "voting machine" means an apparatus that
7contains the ballot label or ballot screen and allows the voter
8to record his or her vote.
9(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
10    (10 ILCS 5/24C-9)
11    Sec. 24C-9. Testing of Direct Recording Electronic Voting
12System Equipment and Programs; Custody of Programs, Test
13Materials and Ballots. Prior to the public test, the election
14authority shall conduct an errorless pre-test of the Direct
15Recording Electronic Voting System equipment and programs to
16determine that they will correctly detect voting defects and
17count the votes cast for all offices and all public questions.
18On any day not less than 5 days prior to use in an the election
19day, the election authority shall publicly test the Direct
20Recording Electronic Voting System equipment and programs to
21determine that they will correctly detect voting errors and
22accurately count the votes legally cast for all offices and on
23all public questions. Public notice of the time and place of
24the test shall be given at least 48 hours before the test by
25publishing the notice in one or more newspapers within the

 

 

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

 

 

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

 

 

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

 

 

SB0834- 30 -LRB100 09229 MLM 19385 b

1approve all Direct Recording Electronic Voting Systems that
2fulfill the functional requirements provided by Section 24C-11
3of this Code, voluntary provisions and the mandatory
4requirements of the federal voting system standards pertaining
5to Direct Recording Electronic Voting Systems promulgated by
6the Federal Election Commission or the Election Assistance
7Commission, the testing requirements of an approved
8independent testing authority and the rules of the State Board
9of Elections.
10    The State Board of Elections shall not approve any Direct
11Recording Electronic Voting System that (i) has not been
12certified by the Federal Election Commission or the Election
13Assistance Commission or (ii) includes an external Infrared
14Data Association (IrDA) communications port.
15    The State Board of Elections is authorized to withdraw its
16approval of a Direct Recording Electronic Voting System if the
17System, once approved, fails to fulfill the above requirements.
18    The vendor, person, or other private entity shall be solely
19responsible for the production and cost of: all application
20fees; all ballots; additional temporary workers; and other
21equipment or facilities needed and used in the testing of the
22vendor's, person's, or other private entity's respective
23equipment and software.
24    Any voting system vendor, person, or other private entity
25seeking the State Board of Elections' approval of a voting
26system shall, as part of the approval application, submit to

 

 

SB0834- 31 -LRB100 09229 MLM 19385 b

1the State Board a non-refundable fee. The State Board of
2Elections by rule shall establish an appropriate fee structure,
3taking into account the type of voting system approval that is
4requested (such as approval of a new system, a modification of
5an existing system, the size of the modification, etc.). No
6voting system or modification of a voting system shall be
7approved unless the fee is paid.
8    No vendor, person, or other entity may sell, lease, or
9loan, or have a written contract, including a contract
10contingent upon State Board approval of the voting system or
11voting system component, to sell, lease, or loan, a Direct
12Recording Electronic Voting System or system component to any
13election jurisdiction unless the system or system component is
14first approved by the State Board of Elections pursuant to this
15Section.
16(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
17    Section 10. The State Finance Act is amended by adding
18Section 5.878 as follows:
 
19    (30 ILCS 105/5.878 new)
20    Sec. 5.878. The Election Integrity Fund.

 

 

SB0834- 32 -LRB100 09229 MLM 19385 b

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

 

 

SB0834- 33 -LRB100 09229 MLM 19385 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 105/5.878 new