SB2038 102ND GENERAL ASSEMBLY

LRB102 15885 SMS 21254 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2038

Introduced 2/26/2021, by Sen. Darren Bailey

SYNOPSIS AS INTRODUCED:

10 ILCS 5/24-0.5 new
10 ILCS 5/24A-0.5 new
10 ILCS 5/24B-0.5 new
10 ILCS 5/24C-0.5 new

Amends the Election Code. Provides that certain Articles of the Code are subject to specified voting limitations. Requires election authorities to use hand-marked paper ballots that may be counted by hand or read through optical scan technology. Requires election authorities to implement strict chain of command procedures for ballots, voter registration polls, and tabulation results. Requires the State Board of Elections to implement software that monitors and detects vulnerabilities to the security of the voter registration rolls. Provides the State Board of Elections with rulemaking authority to adopt rules necessary to implement the provisions. Makes other changes.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by adding Sections 24-0.5, 24A-0.5, 24B-0.5, and 24C-0.5 as follows:

(10 ILCS 5/24-0.5 new)

Sec. 24-0.5. Voting security.

(a) As used in this Section, "hand-marked paper ballot" means a paper ballot marked by the voter by hand.

(b) Notwithstanding any other law to the contrary, the provisions of this Article are subject to the following limitations:

(1) An election authority shall use a voting system that requires the use of a hand-marked paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted and which shall be counted by hand or read by precinct tabulation optical scan technology voting equipment or another counting device.

(2) The election judges shall advise each voter that he or she has the opportunity to correct any error on the hand-marked paper ballot before the permanent hand-marked paper ballot is counted and preserved.

(3) The voting system shall not preserve the hand-marked paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote without the voter's consent.

(4) The hand-marked paper ballot shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted.

(5) Each hand-marked paper ballot used shall be suitable for a manual audit and shall be counted by hand in any recount or audit conducted.

(6) If any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the hand-marked paper ballots, the hand-marked paper ballots shall be the true and correct record of the votes cast.

(7) If there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the hand-marked paper and it is demonstrated by clear and convincing evidence in any recount, audit, or contest of the result of the election that the hand-marked paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with this Code, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result.

(8) The State Board of Elections shall implement software that monitors vulnerabilities to the security of the voter registration rolls and detects intrusions to the voter registration rolls and the origins of such intrusions.

(9) Election authorities shall implement strict chain of custody procedures for ballots, ballot boxes, poll lists and poll books, and memory from voting tabulators.

(10) An election authority may not use an electronic device to tabulate votes or determine voter registration that has remote access or that can otherwise access the Internet.

(11) The requirements of this subsection (b) apply to all ballots cast in elections under this Code, including ballots pursuant to Articles 19, 19A, and 20.

(c) The State Board of Elections shall adopt any rules for the necessary implementation of this Section, including its impact on the provisions of this Article.

(10 ILCS 5/24A-0.5 new)

Sec. 24A-0.5. Voting security.

(a) As used in this Section, "hand-marked paper ballot" means a paper ballot marked by the voter by hand.

(b) Notwithstanding any other law to the contrary, the provisions of this Article are subject to the following limitations:

(1) An election authority shall use a voting system that requires the use of a hand-marked paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted and which shall be counted by hand or read by precinct tabulation optical scan technology voting equipment or another counting device.

(2) The election judges shall advise each voter that he or she has the opportunity to correct any error on the hand-marked paper ballot before the permanent hand-marked paper ballot is counted and preserved.

(3) The voting system shall not preserve the hand-marked paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote without the voter's consent.

(4) The hand-marked paper ballot shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted.

(5) Each hand-marked paper ballot used shall be suitable for a manual audit and shall be counted by hand in any recount or audit conducted.

(6) If any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the hand-marked paper ballots, the hand-marked paper ballots shall be the true and correct record of the votes cast.

(7) If there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the hand-marked paper and it is demonstrated by clear and convincing evidence in any recount, audit, or contest of the result of the election that the hand-marked paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with this Code, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result.

(8) The State Board of Elections shall implement software that monitors vulnerabilities to the security of the voter registration rolls and detects intrusions to the voter registration rolls and the origins of such intrusions.

(9) Election authorities shall implement strict chain of custody procedures for ballots, ballot boxes, poll lists and poll books, and memory from voting tabulators.

(10) An election authority may not use an electronic device to tabulate votes or determine voter registration that has remote access or that can otherwise access the Internet.

(11) The requirements of this subsection (b) apply to all ballots cast in elections under this Code, including ballots pursuant to Articles 19, 19A, and 20.

(c) The State Board of Elections shall adopt any rules for the necessary implementation of this Section, including its impact on the provisions of this Article.

(10 ILCS 5/24B-0.5 new)

Sec. 24B-0.5. Voting security.

(a) As used in this Section, "hand-marked paper ballot" means a paper ballot marked by the voter by hand.

(b) Notwithstanding any other law to the contrary, the provisions of this Article are subject to the following limitations:

(1) An election authority shall use a voting system that requires the use of a hand-marked paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted and which shall be counted by hand or read by precinct tabulation optical scan technology voting equipment or another counting device.

(2) The election judges shall advise each voter that he or she has the opportunity to correct any error on the hand-marked paper ballot before the permanent hand-marked paper ballot is counted and preserved.

(3) The voting system shall not preserve the hand-marked paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote without the voter's consent.

(4) The hand-marked paper ballot shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted.

(5) Each hand-marked paper ballot used shall be suitable for a manual audit and shall be counted by hand in any recount or audit conducted.

(6) If any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the hand-marked paper ballots, the hand-marked paper ballots shall be the true and correct record of the votes cast.

(7) If there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the hand-marked paper and it is demonstrated by clear and convincing evidence in any recount, audit, or contest of the result of the election that the hand-marked paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with this Code, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result.

(8) The State Board of Elections shall implement software that monitors vulnerabilities to the security of the voter registration rolls and detects intrusions to the voter registration rolls and the origins of such intrusions.

(9) Election authorities shall implement strict chain of custody procedures for ballots, ballot boxes, poll lists and poll books, and memory from voting tabulators.

(10) An election authority may not use an electronic device to tabulate votes or determine voter registration that has remote access or that can otherwise access the Internet.

(11) The requirements of this subsection (b) apply to all ballots cast in elections under this Code, including ballots pursuant to Articles 19, 19A, and 20.

(c) The State Board of Elections shall adopt any rules for the necessary implementation of this Section, including its impact on the provisions of this Article.

(10 ILCS 5/24C-0.5 new)

Sec. 24C-0.5. Voting security.

(a) As used in this Section, "hand-marked paper ballot" means a paper ballot marked by the voter by hand.

(b) Notwithstanding any other law to the contrary, the provisions of this Article are subject to the following limitations:

(1) An election authority shall use a voting system that requires the use of a hand-marked paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted and which shall be counted by hand or read by precinct tabulation optical scan technology voting equipment or another counting device.

(2) The election judges shall advise each voter that he or she has the opportunity to correct any error on the hand-marked paper ballot before the permanent hand-marked paper ballot is counted and preserved.

(3) The voting system shall not preserve the hand-marked paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote without the voter's consent.

(4) The hand-marked paper ballot shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted.

(5) Each hand-marked paper ballot used shall be suitable for a manual audit and shall be counted by hand in any recount or audit conducted.

(6) If any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the hand-marked paper ballots, the hand-marked paper ballots shall be the true and correct record of the votes cast.

(7) If there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the hand-marked paper and it is demonstrated by clear and convincing evidence in any recount, audit, or contest of the result of the election that the hand-marked paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with this Code, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result.

(8) The State Board of Elections shall implement software that monitors vulnerabilities to the security of the voter registration rolls and detects intrusions to the voter registration rolls and the origins of such intrusions.

(9) Election authorities shall implement strict chain of custody procedures for ballots, ballot boxes, poll lists and poll books, and memory from voting tabulators.

(10) An election authority may not use an electronic device to tabulate votes or determine voter registration that has remote access or that can otherwise access the Internet.

(11) The requirements of this subsection (b) apply to all ballots cast in elections under this Code, including ballots pursuant to Articles 19, 19A, and 20.

(c) The State Board of Elections shall adopt any rules for the necessary implementation of this Section, including its impact on the provisions of this Article.