98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3234

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB098 09997 JDS 40155 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3234LRB098 09997 JDS 40155 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 5. The Election Code is amended by changing
5Sections 19A-75, 24B-2, 24B-16, 24C-2, 24C-9, and 24C-16 and by
6adding Article 21B as follows:
 
7    (10 ILCS 5/19A-75)
8    Sec. 19A-75. Early voting in jurisdictions using Direct
9Recording Electronic Voting Systems under Article 24C.
10Election authorities that have adopted for use Direct Recording
11Electronic Voting Systems under Article 24C may (i) either use
12those voting systems to conduct early voting, provided that
13each early voting polling place shall have available sufficient
14paper ballots for those voters who request them, consistent
15with the limitations set forth in subsection (b) of Section
1619A-10, or (ii) , so long as at least one Direct Recording
17Electronic Voting System device is available at each early
18voting polling place, use whatever method the election
19authority uses for absentee balloting conducted by mail;
20provided that no early ballots are counted before the polls
21close on election day.
22(Source: P.A. 94-645, eff. 8-22-05.)
 

 

 

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1    (10 ILCS 5/Art. 21B heading new)
2
ARTICLE 21B. AUDITS

 
3    (10 ILCS 5/21B-5 new)
4    Sec. 21B-5. Election day audit. There shall be conducted a
510% election day audit of all votes cast for each designated
6race or proposition on election day.
 
7    (10 ILCS 5/21B-10 new)
8    Sec. 21B-10. Scope of the audit. The 10% audit shall be
9conducted for all races or propositions that meet the following
10criteria:
11        (1) all statewide offices and propositions;
12        (2) all countywide offices and propositions;
13        (3) all federal races; and
14        (4) any municipal or other political sub-division or
15    taxing entity races where the number of registered voters
16    eligible to vote on that race or proposition exceeds 50,000
17    voters.
 
18    (10 ILCS 5/21B-15 new)
19    Sec. 21B-15. Time and place of the audit. The 10% audits
20shall take place on election day as soon as practicable after
21the close of the polls and shall take place at the location
22where votes are originally counted (in-precinct for all votes
23cast on election day and at the central counting location for

 

 

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1early voting, grace, and absentee ballots), provided that the
210% hand count shall be subordinate to and not interfere with
3the reporting of election results.
 
4    (10 ILCS 5/21B-20 new)
5    Sec. 21B-20. Conduct. The election day audit shall be
6conducted by election judges selected and appointed in the same
7manner as set forth in Sections 13-1, 13-2, 14-1, 14-2, and
814-3 of this Code. Election authorities may implement the
9appointment of part-time judges, job-sharing, split shifts, or
10other methods of allocating election judge resources to ensure
11that sufficient judges are available to conduct the election
12day audits in a timely and efficient manner.
 
13    (10 ILCS 5/21B-25 new)
14    Sec. 21B-25. Random selection of ballots to be examined.
15    (a) The election authority shall provide to each polling
16place, precinct, or central counting location as appropriate
17one set of 10 plastic disks, each imprinted on one or both
18sides with a number from 1 to 10. Each disk shall have one such
19number imprinted, with the same number on each side, and no 2
20disks shall have the same number. In addition, a suitable
21opaque container shall be provided sufficient to contain the
22set.
23    (b) After the close of the polls and prior to the
24commencement of the election day audit, the election judges

 

 

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

 

 

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

 

 

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

 

 

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1for a period of not less than 60 days.
2    (d) The certified Consolidated and individual location
3reports shall be deemed admissible as evidence to the extent
4permitted by law in any action for discovery or other recount.
 
5    (10 ILCS 5/21B-40 new)
6    Sec. 21B-40. Parallel, independent audits. There shall be
7conducted an independent parallel tabulation and audit for each
8race or proposition in every election.
 
9    (10 ILCS 5/21B-45 new)
10    Sec. 21B-45. Authority. Each election authority shall be
11empowered on behalf of all voters in that jurisdiction to
12contract for, employ, or both contract for and employ one or
13more independent auditors to conduct a parallel count and
14tabulation of the results of every election conducted by the
15election authority for every race and proposition in the
16election.
 
17    (10 ILCS 5/21B-50 new)
18    Sec. 21B-50. Independent election audit committee. Each
19election authority shall cause to be constituted an independent
20election audit committee (EAC) of not less than 5 members, that
21shall have as its primary duties: (1) the preparation of a
22request for proposal (RFP) for the parallel election tabulation
23and audit (PETA) and (2) the selection of the independent

 

 

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

 

 

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1    (10 ILCS 5/21B-65 new)
2    Sec. 21B-65. Request for proposal. Each election authority
3shall issue a request for proposal (RFP) for a parallel
4election tabulation and audit as prepared by the independent
5election audit committee not less than 90 days before election
6day. The proposals shall be examined and reviewed by the EAC,
7and the election authority (or other governmental body with
8appropriation and contracting authority for the jurisdiction)
9shall award the contract for the audit not less than 45 days
10before each election.
 
11    (10 ILCS 5/21B-70 new)
12    Sec. 21B-70. Funding. The public accounting firm
13conducting the PETA shall be paid from public funds
14appropriated by each election jurisdiction and designated for
15that purposes.
 
16    (10 ILCS 5/21B-75 new)
17    Sec. 21B-75. Contractor qualifications. To qualify to
18submit a proposal, a potential PETA contractor shall include in
19its response to the RFP:
20        (1) Evidence that it is a public accounting firm
21licensed by the State of Illinois to perform financial audits.
22        (2) Provide evidence that upon awarding of a contract
23to conduct the parallel election tabulation, the firm can post

 

 

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1a performance bond equal to $1 for every registered voter in
2that jurisdiction.
3        (3) An agreement to submit a response to the RFP that
4shall limit the aggregate amount to be paid the contractor to
5not more than (i) $75 per precinct audited, (ii) $0.075 per
6ballot or paper record counted and tallied at central counting
7locations, or (iii) both (i) and (ii).
8        (4) A statement of performance secured by the
9performance bond in item (2) that above the parallel election
10tabulation and audit shall be completed and public reports
11submitted within the time limitations set forth in Section
1221B-85.
 
13    (10 ILCS 5/21B-80 new)
14    Sec. 21B-80. Award. The public accounting firm awarded the
15contract shall be granted access to any and all records of the
16election, including but not limited to paper ballots, portable
17computer memory devices from DREs, scanning devices, central
18count devices, paper records, ballot generating software,
19counting and tabulation software, computer logs and error
20reports of all voting machines and central tabulation devices,
21servers, communications protocols, databases of all types
22including registration databases, pollwatcher and election
23judge logs and reports, and any other records deemed relevant
24to the conduct of the election as the auditing entity shall
25deem necessary and reasonable for the conduct of the parallel

 

 

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1election tabulation and audit.
 
2    (10 ILCS 5/21B-85 new)
3    Sec. 21B-85. Reports.
4    (a) The public accounting firm shall produce an initial
5results report within 72 hours after the close of the polls
6that shall examine and comment on at least, but not limited to,
7the following:
8        (1) Whether proper procedures were used in the
9    compilation and tabulation of the 10% election day audit.
10        (2) Whether each voter's choices were accurately
11    summarized in the precinct or central count tallying.
12        (3) To the extent possible to determine from the
13    records available, that the central tabulation procedures,
14    equipment, and software functioned correctly and that the
15    totals reflected in the internal and public tabulation of
16    votes was consistent and accurate.
17    The auditing entity shall certify, with any exceptions
18noted thereto, the tabulated results of each race or
19proposition of the election as being accurate to the extent
20that the winner of each race or the prevailing result for each
21proposition is correct. For each and every race for which the
22auditing entity is unable to certify, it shall state the
23reasons therefore, citing specific circumstances as to why it
24is unable to certify the outcome.
25    (b) The public accounting firm shall produce an operational

 

 

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1report within 21 days after the close of the polls that shall
2examine and comment on at least, but not limited to, the
3following:
4        (1) Pre-election preparation including the compiling
5    and production of registration and eligible voter lists,
6    including printed ballot applications and voter records in
7    electronic poll books, and candidate, voter, and
8    pollworker accessible records of eligibility.
9        (2) Proper compiling and production of ballots, both
10    paper and electronic, as to completeness and accuracy for
11    each ballot style produced.
12        (3) Adequacy and completeness of training manuals,
13    election judge's manuals, voter instruction materials, and
14    other internal and public documents related to the
15    election.
16        (4) The election process during the time the polls were
17    open, including reports of machine failures, election
18    problems of all varieties, pollworkers and pollwatchers,
19    reports in order to determine and express an opinion of the
20    efficacy of the election process and to determine to the
21    extent possible that:
22            (A) All eligible voters were given an opportunity
23        to vote.
24            (B) Each voter received a proper and complete
25        ballot.
26            (C) Each voter's choices were properly recorded by

 

 

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1        the electronic or mechanical machines used in the
2        voting process.
3    (b-5) The auditors of the parallel election tabulation
4shall examine the processes used after the polls closed to
5determine, to the extent possible from the records available,
6if:
7        (1) All election materials were properly secured and
8    that a complete and unbroken chain of custody exists for
9    all election materials.
10        (2) In the case where election authorities gather
11    election results through electronic transmission, either
12    through land lines or wireless networks, the transmissions
13    were secure, reliable, and accurate.
14    (c) The auditing entity shall produce a report that
15adequately describes all problems associated with the election
16process and to the extent possible the causes of those
17problems.
18    (d) To the extent possible within the time constraints
19imposed by the 21-day requirement, the auditing entity shall
20include in its report recommendations for modifications to
21procedures, equipment, or software that would eliminate
22problems or improve the efficiency and accuracy of the process
23in whatever stage examined or reported.
 
24    (10 ILCS 5/21B-90 new)
25    Sec. 21B-90. Availability and ownership of parallel

 

 

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1election tabulation and audit reports.
2    (a) The report of the auditing entity shall be public
3property, in the public domain, and available to anyone upon
4request and payment of a reasonable fee, subject to the
5provisions of the Freedom of Information Act (5 ILCS 140/).
6    (b) If the election authority contracting for the parallel
7election tabulation and audit report maintains a website, the
8Report shall be posted on the publicly accessible portion of
9the website in an appropriate format for downloading and
10printing by the public.
 
11    (10 ILCS 5/21B-95 new)
12    Sec. 21B-95. Legal effect. The parallel election
13tabulation and audit reports shall be deemed admissible as
14evidence to the extent permitted by law in any action for
15discovery or other recount.
 
16    (10 ILCS 5/24B-2)
17    Sec. 24B-2. Definitions. As used in this Article:
18    "Approved independent testing authority" means an
19independent laboratory or authority certified by the federal
20Election Assistance Commission (EAC).
21    "Computer", "automatic tabulating equipment" or
22"equipment" includes apparatus necessary to automatically
23examine and count votes as designated on ballots, and data
24processing machines which can be used for counting ballots and

 

 

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1tabulating results.
2    "Ballot" means paper ballot sheets.
3    "Ballot configuration" means the particular combination of
4political subdivision ballots including, for each political
5subdivision, the particular combination of offices, candidate
6names and questions as it appears for each group of voters who
7may cast the same ballot.
8    "Ballot sheet" means a paper ballot printed on one or both
9sides which is (1) designed and prepared so that the voter may
10indicate his or her votes in designated areas, which must be
11areas clearly printed or otherwise delineated for such purpose,
12and (2) capable of having votes marked in the designated areas
13automatically examined, counted, and tabulated by an
14electronic scanning process.
15    "Central counting" means the counting of ballots in one or
16more locations selected by the election authority for the
17processing or counting, or both, of ballots. A location for
18central counting shall be within the territorial jurisdiction
19of the election authority unless there is no suitable
20tabulating equipment available within his territorial
21jurisdiction. However, in any event a counting location shall
22be within this State.
23    "Computer operator" means any person or persons designated
24by the election authority to operate the automatic tabulating
25equipment during any portion of the vote tallying process in an
26election, but shall not include judges of election operating

 

 

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1vote tabulating equipment in the precinct.
2    "Computer program" or "program" means the set of operating
3instructions for the automatic tabulating equipment that
4examines, counts, tabulates, canvasses and prints votes
5recorded by a voter on a ballot.
6    "Edit listing" means a computer generated listing of the
7names of each candidate and proposition as they appear in the
8program for each precinct.
9    "Header sheet" means a data processing document which is
10coded to indicate to the computer the precinct identity of the
11ballots that will follow immediately and may indicate to the
12computer how such ballots are to be tabulated.
13    "In-precinct counting" means the counting of ballots on
14automatic tabulating equipment provided by the election
15authority in the same precinct polling place in which those
16ballots have been cast.
17    "Marking device" means a pen, computer, or other device
18approved by the State Board of Elections for marking, or
19causing to be marked, a paper ballot with ink or other
20substance which will enable the ballot to be tabulated by
21automatic tabulating equipment or by an electronic scanning
22process.
23    "Precinct Tabulation Optical Scan Technology" means the
24capability to examine a ballot through electronic means and
25tabulate the votes at one or more counting places.
26    "Redundant count" means a verification of the original

 

 

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1computer count by another count using compatible equipment or
2by hand as part of a discovery recount.
3    "Security designation" means a printed designation placed
4on a ballot to identify to the computer program the offices and
5propositions for which votes may be cast and to indicate the
6manner in which votes cast should be tabulated while negating
7any inadmissible votes.
8    "Separate ballot", with respect to ballot sheets, means a
9separate portion of the ballot sheet which is clearly defined
10by a border or borders or shading.
11    "Specimen ballot" means a representation of names of
12offices and candidates and statements of measures to be voted
13on which will appear on the official ballot or marking device
14on election day. The specimen ballot also contains the party
15and position number where applicable.
16    "Voting defect identification" means the capability to
17detect overvoted ballots or ballots which cannot be read by the
18automatic tabulating equipment.
19    "Voting defects" means an overvoted ballot, or a ballot
20which cannot be read by the automatic tabulating equipment.
21    "Voting system" or "electronic voting system" means that
22combination of equipment and programs used in the casting,
23examination and tabulation of ballots and the cumulation and
24reporting of results by electronic means.
25(Source: P.A. 93-574, eff. 8-21-03.)
 

 

 

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

 

 

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

 

 

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1Elections by rule shall establish an appropriate fee structure,
2taking into account the type of voting system approval that is
3requested (such as approval of a new system, a modification of
4an existing system, the size of the modification, etc.). No
5voting system or modification of a voting system shall be
6approved unless the fee is paid.
7    No vendor, person, or other entity may sell, lease, or
8loan, or have a written contract, including a contract
9contingent upon State Board approval of the voting system or
10voting system component, to sell, lease, or loan, a voting
11system or Precinct Tabulation Optical Scan Technology voting
12system component to any election jurisdiction unless the voting
13system or voting system component is first approved by the
14State Board of Elections pursuant to this Section.
15(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
16    (10 ILCS 5/24C-2)
17    Sec. 24C-2. Definitions. As used in this Article:
18    "Approved independent testing authority" means an
19independent laboratory or authority certified by the federal
20Election Assistance Commission (EAC).
21    "Audit trail" or "audit capacity" means a continuous trail
22of evidence linking individual transactions related to the
23casting of a vote, the vote count and the summary record of
24vote totals, but which shall not allow for the identification
25of the voter. It shall permit verification of the accuracy of

 

 

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1the count and detection and correction of problems and shall
2provide a record of each step taken in: defining and producing
3ballots and generating related software for specific
4elections; installing ballots and software; testing system
5readiness; casting and tabulating ballots; and producing
6images of votes cast and reports of vote totals. The record
7shall incorporate system status and error messages generated
8during election processing, including a log of machine
9activities and routine and unusual intervention by authorized
10and unauthorized individuals. Also part of an audit trail is
11the documentation of such items as ballots delivered and
12collected, administrative procedures for system security,
13pre-election testing of voting systems, and maintenance
14performed on voting equipment. All test plans, test results,
15documentation, and other records used to plan, execute, and
16record the results of the testing and verification, including
17all material prepared or used by independent testing
18authorities or other third parties, shall be made part of the
19public record and shall be freely available via the Internet
20and paper copy to anyone. "Audit trail" or "audit capacity"
21also means that the voting system is capable of producing and
22shall produce immediately after a ballot is cast a permanent
23paper record of each ballot cast that shall be available as an
24official record for any recount, redundant count, or
25verification or retabulation of the vote count conducted with
26respect to any election in which the voting system is used.

 

 

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

 

 

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

 

 

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

 

 

HB3234- 25 -LRB098 09997 JDS 40155 b

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

 

 

HB3234- 26 -LRB098 09997 JDS 40155 b

1published in that jurisdiction, notice shall be published in a
2newspaper of general circulation in that jurisdiction. Timely
3written notice stating the date, time, and location of the
4public test shall also be provided to the State Board of
5Elections. The test shall be open to representatives of the
6political parties, the press, representatives of the State
7Board of Elections, and the public. The test shall be conducted
8by entering a pre- audited group of votes designed to record a
9predetermined number of valid votes for each candidate and on
10each public question, and shall include for each office one or
11more ballots having votes exceeding the number allowed by law
12to test the ability of the automatic tabulating equipment to
13reject the votes. The test shall also include producing an edit
14listing. In those election jurisdictions where in-precinct
15counting equipment is used, a public test of both the equipment
16and program shall be conducted as nearly as possible in the
17manner prescribed above. The State Board of Elections may
18select as many election jurisdictions as the Board deems
19advisable in the interests of the election process of this
20State, to order a special test of the automatic tabulating
21equipment and program before any regular election. The Board
22may order a special test in any election jurisdiction where,
23during the preceding 12 months, computer programming errors or
24other errors in the use of System resulted in vote tabulation
25errors. Not less than 30 days before any election, the State
26Board of Elections shall provide written notice to those

 

 

HB3234- 27 -LRB098 09997 JDS 40155 b

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

 

 

HB3234- 28 -LRB098 09997 JDS 40155 b

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

 

 

HB3234- 29 -LRB098 09997 JDS 40155 b

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

 

 

HB3234- 30 -LRB098 09997 JDS 40155 b

1taking into account the type of voting system approval that is
2requested (such as approval of a new system, a modification of
3an existing system, the size of the modification, etc.). No
4voting system or modification of a voting system shall be
5approved unless the fee is paid.
6    No vendor, person, or other entity may sell, lease, or
7loan, or have a written contract, including a contract
8contingent upon State Board approval of the voting system or
9voting system component, to sell, lease, or loan, a Direct
10Recording Electronic Voting System or system component to any
11election jurisdiction unless the system or system component is
12first approved by the State Board of Elections pursuant to this
13Section.
14(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)

 

 

HB3234- 31 -LRB098 09997 JDS 40155 b

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

 

 

HB3234- 32 -LRB098 09997 JDS 40155 b

1    10 ILCS 5/24B-16
2    10 ILCS 5/24C-2
3    10 ILCS 5/24C-9
4    10 ILCS 5/24C-16