99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1452

 

Introduced 2/6/2015, by Rep. Lawrence M. Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/17-14.1 new
10 ILCS 5/24C-11

    Amends the Election Code. Provides that, if at least 5,000 voting-age citizens of a municipality are members of a single minority group and are limited-English proficient, and the 5,000 voting-age citizens constitute at least 5 percent of the voting-age citizens of that municipality, as determined by the United States Bureau of the Census by use of the most recent American Community Survey data available before the ballots for an election are certified by the State Board of Elections, then the election authority with jurisdiction of that municipality shall make a sufficient number of ballots in the language spoken by that single minority group available to voters of that municipality. Provides that, if a municipality lies within 2 or more counties and does not have a board of election commissioners that is coterminous with its borders, then each election authority shall provide the non-English ballots for the precincts in that municipality lying within the election authority's jurisdiction. Provides that the State Board of Elections shall adopt any rules necessary for the implementation of these provisions.


LRB099 05752 MGM 25796 b

 

 

A BILL FOR

 

HB1452LRB099 05752 MGM 25796 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 Section
524C-11 and by adding Section 17-14.1 as follows:
 
6    (10 ILCS 5/17-14.1 new)
7    Sec. 17-14.1. Foreign language ballots. If at least 5,000
8voting-age citizens of a municipality are members of a single
9minority group and are limited-English proficient, and the
105,000 voting-age citizens constitute at least 5 percent of the
11voting-age citizens of that municipality, as determined by the
12United States Bureau of the Census by use of the most recent
13American Community Survey data available before the ballots for
14an election are certified by the State Board of Elections, then
15the election authority with jurisdiction of that municipality
16shall make a sufficient number of ballots in the language
17spoken by that single minority group available to voters of
18that municipality. If a municipality lies within 2 or more
19counties and does not have a board of election commissioners
20that is coterminous with its borders, then each election
21authority shall provide the non-English ballots for the
22precincts in that municipality lying within the election
23authority's jurisdiction. The State Board of Elections shall

 

 

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1adopt any rules necessary for the implementation of this
2Section.
 
3    (10 ILCS 5/24C-11)
4    (Text of Section before amendment by P.A. 98-1171)
5    Sec. 24C-11. Functional requirements. A Direct Recording
6Electronic Voting System shall, in addition to satisfying the
7other requirements of this Article, fulfill the following
8functional requirements:
9    (a) Provide a voter in a primary election with the means of
10casting a ballot containing votes for any and all candidates of
11the party or parties of his or her choice, and for any and all
12non-partisan candidates and public questions and preclude the
13voter from voting for any candidate of any other political
14party except when legally permitted. In a general election, the
15system shall provide the voter with means of selecting the
16appropriate number of candidates for any office, and of voting
17on any public question on the ballot to which he or she is
18entitled to vote.
19    (b) If a voter is not entitled to vote for particular
20candidates or public questions appearing on the ballot, the
21system shall prevent the selection of the prohibited votes.
22    (c) Once the proper ballot has been selected, the system
23devices shall provide a means of enabling the recording of
24votes and the casting of said ballot.
25    (d) System voting devices shall provide voting choices that

 

 

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1are clear to the voter and labels indicating the names of every
2candidate and the text of every public question on the voter's
3ballot. Each label shall identify the selection button or
4switch, or the active area of the ballot associated with it.
5The system shall be able to incorporate minimal, easy-to-follow
6on-screen instruction for the voter on how to cast a ballot.
7    (e) Voting devices shall (i) enable the voter to vote for
8any and all candidates and public questions appearing on the
9ballot for which the voter is lawfully entitled to vote, in any
10legal number and combination; (ii) detect and reject all votes
11for an office or upon a public question when the voter has cast
12more votes for the office or upon the public question than the
13voter is entitled to cast; (iii) notify the voter if the
14voter's choices as recorded on the ballot for an office or
15public question are fewer than or exceed the number that the
16voter is entitled to vote for on that office or public question
17and the effect of casting more or fewer votes than legally
18permitted; (iv) notify the voter if the voter has failed to
19completely cast a vote for an office or public question
20appearing on the ballot; and (v) permit the voter, in a private
21and independent manner, to verify the votes selected by the
22voter, to change the ballot or to correct any error on the
23ballot before the ballot is completely cast and counted. A
24means shall be provided to indicate each selection after it has
25been made or canceled.
26    (f) System voting devices shall provide a means for the

 

 

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1voter to signify that the selection of candidates and public
2questions has been completed. Upon activation, the system shall
3record an image of the completed ballot, increment the proper
4ballot position registers, and shall signify to the voter that
5the ballot has been cast. The system shall then prevent any
6further attempt to vote until it has been reset or re-enabled
7by a judge of election.
8    (g) Each system voting device shall be equipped with a
9public counter that can be set to zero prior to the opening of
10the polling place, and that records the number of ballots cast
11at a particular election. The counter shall be incremented only
12by the casting of a ballot. The counter shall be designed to
13prevent disabling or resetting by other than authorized persons
14after the polls close. The counter shall be visible to all
15judges of election so long as the device is installed at the
16polling place.
17    (h) Each system voting device shall be equipped with a
18protective counter that records all of the testing and election
19ballots cast since the unit was built. This counter shall be
20designed so that its reading cannot be changed by any cause
21other than the casting of a ballot. The protective counter
22shall be incapable of ever being reset and it shall be visible
23at all times when the device is configured for testing,
24maintenance, or election use.
25    (i) All system devices shall provide a means of preventing
26further voting once the polling place has closed and after all

 

 

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1eligible voters have voted. Such means of control shall
2incorporate a visible indication of system status. Each device
3shall prevent any unauthorized use, prevent tampering with
4ballot labels and preclude its re-opening once the poll closing
5has been completed for that election.
6    (j) The system shall produce a printed summary report of
7the votes cast upon each voting device. Until the proper
8sequence of events associated with closing the polling place
9has been completed, the system shall not allow the printing of
10a report or the extraction of data. The printed report shall
11also contain all system audit information to be required by the
12election authority. Data shall not be altered or otherwise
13destroyed by report generation and the system shall ensure the
14integrity and security of data for a period of at least 6
15months after the polls close.
16    (k) If more than one voting device is used in a polling
17place, the system shall provide a means to manually or
18electronically consolidate the data from all such units into a
19single report even if different voting systems are used to
20record absentee ballots. The system shall also be capable of
21merging the vote tabulation results produced by other vote
22tabulation systems, if necessary.
23    (l) System functions shall be implemented such that
24unauthorized access to them is prevented and the execution of
25authorized functions in an improper sequence is precluded.
26System functions shall be executable only in the intended

 

 

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1manner and order, and only under the intended conditions. If
2the preconditions to a system function have not been met, the
3function shall be precluded from executing by the system's
4control logic.
5    (m) All system voting devices shall incorporate at least 3
6memories in the machine itself and in its programmable memory
7devices.
8    (n) The system shall include capabilities of recording and
9reporting the date and time of normal and abnormal events and
10of maintaining a permanent record of audit information that
11cannot be turned off. Provisions shall be made to detect and
12record significant events (e.g., casting a ballot, error
13conditions that cannot be disposed of by the system itself,
14time-dependent or programmed events that occur without the
15intervention of the voter or a judge of election).
16    (o) The system and each system voting device must be
17capable of creating, printing and maintaining a permanent paper
18record and an electronic image of each ballot that is cast such
19that records of individual ballots are maintained by a
20subsystem independent and distinct from the main vote
21detection, interpretation, processing and reporting path. The
22electronic images of each ballot must protect the integrity of
23the data and the anonymity of each voter, for example, by means
24of storage location scrambling. The ballot image records may be
25either machine-readable or manually transcribed, or both, at
26the discretion of the election authority.

 

 

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1    (p) The system shall include built-in test, measurement and
2diagnostic software and hardware for detecting and reporting
3the system's status and degree of operability.
4    (q) The system shall contain provisions for maintaining the
5integrity of memory voting and audit data during an election
6and for a period of at least 6 months thereafter and shall
7provide the means for creating an audit trail.
8    (r) The system shall be fully accessible so as to permit
9blind or visually impaired voters as well as physically
10disabled voters to exercise their right to vote in private and
11without assistance.
12    (s) The system shall provide alternative language
13accessibility if required pursuant to Section 203 of the Voting
14Rights Act of 1965 and Section 17-14.1 of this Code.
15    (t) Each voting device shall enable a voter to vote for a
16person whose name does not appear on the ballot.
17    (u) The system shall record and count accurately each vote
18properly cast for or against any candidate and for or against
19any public question, including the names of all candidates
20whose names are written in by the voters.
21    (v) The system shall allow for accepting provisional
22ballots and for separating such provisional ballots from
23precinct totals until authorized by the election authority.
24    (w) The system shall provide an effective audit trail as
25defined in Section 24C-2 in this Code.
26    (x) The system shall be suitably designed for the purpose

 

 

HB1452- 8 -LRB099 05752 MGM 25796 b

1used, be durably constructed, and be designed for safety,
2accuracy and efficiency.
3    (y) The system shall comply with all provisions of federal,
4State and local election laws and regulations and any future
5modifications to those laws and regulations.
6(Source: P.A. 95-699, eff. 11-9-07.)
 
7    (Text of Section after amendment by P.A. 98-1171)
8    Sec. 24C-11. Functional requirements. A Direct Recording
9Electronic Voting System shall, in addition to satisfying the
10other requirements of this Article, fulfill the following
11functional requirements:
12    (a) Provide a voter in a primary election with the means of
13casting a ballot containing votes for any and all candidates of
14the party or parties of his or her choice, and for any and all
15non-partisan candidates and public questions and preclude the
16voter from voting for any candidate of any other political
17party except when legally permitted. In a general election, the
18system shall provide the voter with means of selecting the
19appropriate number of candidates for any office, and of voting
20on any public question on the ballot to which he or she is
21entitled to vote.
22    (b) If a voter is not entitled to vote for particular
23candidates or public questions appearing on the ballot, the
24system shall prevent the selection of the prohibited votes.
25    (c) Once the proper ballot has been selected, the system

 

 

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1devices shall provide a means of enabling the recording of
2votes and the casting of said ballot.
3    (d) System voting devices shall provide voting choices that
4are clear to the voter and labels indicating the names of every
5candidate and the text of every public question on the voter's
6ballot. Each label shall identify the selection button or
7switch, or the active area of the ballot associated with it.
8The system shall be able to incorporate minimal, easy-to-follow
9on-screen instruction for the voter on how to cast a ballot.
10    (e) Voting devices shall (i) enable the voter to vote for
11any and all candidates and public questions appearing on the
12ballot for which the voter is lawfully entitled to vote, in any
13legal number and combination; (ii) detect and reject all votes
14for an office or upon a public question when the voter has cast
15more votes for the office or upon the public question than the
16voter is entitled to cast; (iii) notify the voter if the
17voter's choices as recorded on the ballot for an office or
18public question are fewer than or exceed the number that the
19voter is entitled to vote for on that office or public question
20and the effect of casting more or fewer votes than legally
21permitted; (iv) notify the voter if the voter has failed to
22completely cast a vote for an office or public question
23appearing on the ballot; and (v) permit the voter, in a private
24and independent manner, to verify the votes selected by the
25voter, to change the ballot or to correct any error on the
26ballot before the ballot is completely cast and counted. A

 

 

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1means shall be provided to indicate each selection after it has
2been made or canceled.
3    (f) System voting devices shall provide a means for the
4voter to signify that the selection of candidates and public
5questions has been completed. Upon activation, the system shall
6record an image of the completed ballot, increment the proper
7ballot position registers, and shall signify to the voter that
8the ballot has been cast. The system shall then prevent any
9further attempt to vote until it has been reset or re-enabled
10by a judge of election.
11    (g) Each system voting device shall be equipped with a
12public counter that can be set to zero prior to the opening of
13the polling place, and that records the number of ballots cast
14at a particular election. The counter shall be incremented only
15by the casting of a ballot. The counter shall be designed to
16prevent disabling or resetting by other than authorized persons
17after the polls close. The counter shall be visible to all
18judges of election so long as the device is installed at the
19polling place.
20    (h) Each system voting device shall be equipped with a
21protective counter that records all of the testing and election
22ballots cast since the unit was built. This counter shall be
23designed so that its reading cannot be changed by any cause
24other than the casting of a ballot. The protective counter
25shall be incapable of ever being reset and it shall be visible
26at all times when the device is configured for testing,

 

 

HB1452- 11 -LRB099 05752 MGM 25796 b

1maintenance, or election use.
2    (i) All system devices shall provide a means of preventing
3further voting once the polling place has closed and after all
4eligible voters have voted. Such means of control shall
5incorporate a visible indication of system status. Each device
6shall prevent any unauthorized use, prevent tampering with
7ballot labels and preclude its re-opening once the poll closing
8has been completed for that election.
9    (j) The system shall produce a printed summary report of
10the votes cast upon each voting device. Until the proper
11sequence of events associated with closing the polling place
12has been completed, the system shall not allow the printing of
13a report or the extraction of data. The printed report shall
14also contain all system audit information to be required by the
15election authority. Data shall not be altered or otherwise
16destroyed by report generation and the system shall ensure the
17integrity and security of data for a period of at least 6
18months after the polls close.
19    (k) If more than one voting device is used in a polling
20place, the system shall provide a means to manually or
21electronically consolidate the data from all such units into a
22single report even if different voting systems are used to
23record ballots. The system shall also be capable of merging the
24vote tabulation results produced by other vote tabulation
25systems, if necessary.
26    (l) System functions shall be implemented such that

 

 

HB1452- 12 -LRB099 05752 MGM 25796 b

1unauthorized access to them is prevented and the execution of
2authorized functions in an improper sequence is precluded.
3System functions shall be executable only in the intended
4manner and order, and only under the intended conditions. If
5the preconditions to a system function have not been met, the
6function shall be precluded from executing by the system's
7control logic.
8    (m) All system voting devices shall incorporate at least 3
9memories in the machine itself and in its programmable memory
10devices.
11    (n) The system shall include capabilities of recording and
12reporting the date and time of normal and abnormal events and
13of maintaining a permanent record of audit information that
14cannot be turned off. Provisions shall be made to detect and
15record significant events (e.g., casting a ballot, error
16conditions that cannot be disposed of by the system itself,
17time-dependent or programmed events that occur without the
18intervention of the voter or a judge of election).
19    (o) The system and each system voting device must be
20capable of creating, printing and maintaining a permanent paper
21record and an electronic image of each ballot that is cast such
22that records of individual ballots are maintained by a
23subsystem independent and distinct from the main vote
24detection, interpretation, processing and reporting path. The
25electronic images of each ballot must protect the integrity of
26the data and the anonymity of each voter, for example, by means

 

 

HB1452- 13 -LRB099 05752 MGM 25796 b

1of storage location scrambling. The ballot image records may be
2either machine-readable or manually transcribed, or both, at
3the discretion of the election authority.
4    (p) The system shall include built-in test, measurement and
5diagnostic software and hardware for detecting and reporting
6the system's status and degree of operability.
7    (q) The system shall contain provisions for maintaining the
8integrity of memory voting and audit data during an election
9and for a period of at least 6 months thereafter and shall
10provide the means for creating an audit trail.
11    (r) The system shall be fully accessible so as to permit
12blind or visually impaired voters as well as physically
13disabled voters to exercise their right to vote in private and
14without assistance.
15    (s) The system shall provide alternative language
16accessibility if required pursuant to Section 203 of the Voting
17Rights Act of 1965 and Section 17-14.1 of this Code.
18    (t) Each voting device shall enable a voter to vote for a
19person whose name does not appear on the ballot.
20    (u) The system shall record and count accurately each vote
21properly cast for or against any candidate and for or against
22any public question, including the names of all candidates
23whose names are written in by the voters.
24    (v) The system shall allow for accepting provisional
25ballots and for separating such provisional ballots from
26precinct totals until authorized by the election authority.

 

 

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1    (w) The system shall provide an effective audit trail as
2defined in Section 24C-2 in this Code.
3    (x) The system shall be suitably designed for the purpose
4used, be durably constructed, and be designed for safety,
5accuracy and efficiency.
6    (y) The system shall comply with all provisions of federal,
7State and local election laws and regulations and any future
8modifications to those laws and regulations.
9(Source: P.A. 98-1171, eff. 6-1-15.)