101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1197

 

Introduced 2/6/2019, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Election Code. Creates a new Article concerning audits. 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. Provides that the amendatory Act may be referred to as the Illinois Election Integrity Act.


LRB101 07943 SMS 52998 b

 

 

A BILL FOR

 

SB1197LRB101 07943 SMS 52998 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    At their discretion, election authorities may exempt
21judicial retention ballots from the 10% audit.
 
22    (10 ILCS 5/17A-15 new)

 

 

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1    Sec. 17A-15. Time and place of the audit. The 10% audits
2shall take place on election day as soon as practicable after
3the close of the polls and shall take place at the location
4where votes are originally counted (in-precinct for all votes
5cast on election day and at the central counting location for
6early voting, grace, and absentee ballots), provided that the
710% hand count shall be subordinate to and not interfere with
8the reporting of election results.
 
9    (10 ILCS 5/17A-20 new)
10    Sec. 17A-20. Conduct. The election day audit shall be
11conducted by election judges selected and appointed in the same
12manner as set forth in Sections 13-1, 13-2, 14-1, 14-2, and
1314-3 of this Code. Election authorities may implement the
14appointment of part-time judges, job-sharing, split shifts, or
15other methods of allocating election judge resources to ensure
16that sufficient judges are available to conduct the election
17day audits in a timely and efficient manner.
 
18    (10 ILCS 5/17A-25 new)
19    Sec. 17A-25. Random selection of ballots to be examined.
20    (a) The election authority shall provide to each polling
21place, precinct, or central counting location as appropriate
22one set of 10 plastic disks, each imprinted on one or both
23sides with a number from 1 to 10. Each disk shall have one such
24number imprinted, with the same number on each side, and no 2

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (10 ILCS 5/17A-100 new)
2    Sec. 17A-100. Illinois Election Integrity Fund. The
3Illinois Election Integrity Fund is created as a special fund
4in the State treasury. All voluntary citizen contributions
5shall be deposited into the Fund. All moneys deposited into the
6Fund shall be used by the State Board of Elections to
7administer this Fund and to use Fund proceeds for all required
8election audits. Approximately $2,000,000 in funding shall be
9required for the first election cycle covered under this Act.
10The Department of Revenue must print on its standard individual
11income tax form a provision indicating that if the taxpayer
12wishes to contribute to the Election Integrity Fund, he or she
13may do so by stating the amount of the contribution on the
14return and that the contribution will reduce the taxpayer's
15refund or increase the amount of payment to accompany the
16return. Failure to remit any amount of increase payment shall
17reduce the contribution accordingly. This Section does not
18apply to any amended return. All proceeds from voluntary
19taxpayer checkoffs shall provide additional funding to cover
20the administration of this Act and the costs of required
21election audits.
 
22    (10 ILCS 5/24B-2)
23    Sec. 24B-2. Definitions. As used in this Article:
24    "Approved independent testing authority" means an
25independent laboratory or authority certified by the federal

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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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 voting
16system or Precinct Tabulation Optical Scan Technology voting
17system component to any election jurisdiction unless the voting
18system or voting system component is first approved by the
19State Board of Elections pursuant to this Section.
20(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
21    (10 ILCS 5/24C-2)
22    Sec. 24C-2. Definitions. As used in this Article:
23    "Approved independent testing authority" means an
24independent laboratory or authority certified by the federal
25Election Assistance Commission.

 

 

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

 

 

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1shall produce immediately after a ballot is cast a permanent
2paper record of each ballot cast that shall be available as an
3official record for any recount, redundant count, or
4verification or retabulation of the vote count conducted with
5respect to any election in which the voting system is used.
6    "Ballot" means an electronic audio or video display or any
7other medium, including paper, used to record a voter's choices
8for the candidates of their preference and for or against
9public questions.
10    "Ballot configuration" means the particular combination of
11political subdivision or district ballots including, for each
12political subdivision or district, the particular combination
13of offices, candidate names and public questions as it appears
14for each group of voters who may cast the same ballot.
15    "Ballot image" means a corresponding representation in
16electronic or paper form of the mark or vote position of a
17ballot.
18    "Ballot label" or "ballot screen" means the display of
19material containing the names of offices and candidates and
20public questions to be voted on.
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

 

 

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1jurisdiction. However, in any event a counting location shall
2be within this State.
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    "Computer operator" means any person or persons designated
9by the election authority to operate the automatic tabulating
10equipment during any portion of the vote tallying process in an
11election, but shall not include judges of election operating
12vote tabulating equipment in the precinct.
13    "Computer program" or "program" means the set of operating
14instructions for the automatic tabulating equipment that
15examines, records, displays, counts, tabulates, canvasses, or
16prints votes recorded by a voter on a ballot or that displays
17any and all information, graphics, or other visual or audio
18information or images used in presenting voting information,
19instructions, or voter choices.
20    "Direct recording electronic voting system", "voting
21system" or "system" means the total combination of mechanical,
22electromechanical or electronic equipment, programs and
23practices used to define ballots, cast and count votes, report
24or display election results, maintain or produce any audit
25trail information, identify all system components, test the
26system during development, maintenance and operation, maintain

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB1197- 30 -LRB101 07943 SMS 52998 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
26equipment and software.

 

 

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1    Any voting system vendor, person, or other private entity
2seeking the State Board of Elections' approval of a voting
3system shall, as part of the approval application, submit to
4the State Board a non-refundable fee. The State Board of
5Elections by rule shall establish an appropriate fee structure,
6taking into account the type of voting system approval that is
7requested (such as approval of a new system, a modification of
8an existing system, the size of the modification, etc.). No
9voting system or modification of a voting system shall be
10approved unless the fee is paid.
11    No vendor, person, or other entity may sell, lease, or
12loan, or have a written contract, including a contract
13contingent upon State Board approval of the voting system or
14voting system component, to sell, lease, or loan, a Direct
15Recording Electronic Voting System or system component to any
16election jurisdiction unless the system or system component is
17first approved by the State Board of Elections pursuant to this
18Section.
19(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
20    Section 10. The State Finance Act is amended by adding
21Section 5.891 as follows:
 
22    (30 ILCS 105/5.891 new)
23    Sec. 5.891. The Election Integrity Fund.

 

 

SB1197- 32 -LRB101 07943 SMS 52998 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

 

 

SB1197- 33 -LRB101 07943 SMS 52998 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 105/5.891 new