103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2835
 
Introduced 2/16/2023, by Rep. Mary Beth Canty
 
SYNOPSIS AS INTRODUCED:
 

 
10 ILCS 5/22-19 new

     Amends the Election Code. Authorizes election authorities to conduct risk-limiting audits before and after the certification of election results. Provides that the determination to conduct a risk-limiting audit, the scope of an audit, and the uses of the results of an audit are entirely within the discretion of the election authority. Requires the State Board of Elections to adopt rules for the creation of a certification process for certifying that the procedure to be used by an election authority comports with the specified requirements. Provides for waiver of the certification process. Defines "risk-limiting audit". Effective immediately.
  


LRB103 27728 BMS 54105 b

 
 
A BILL FOR
 

  
HB2835LRB103 27728 BMS 54105 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 adding Section 
522-19 as follows:
 
6    (10 ILCS 5/22-19 new)
7    Sec. 22-19. Risk-limiting election audits.
8    (a) Notwithstanding any other provision of law, an 
9election authority is authorized to conduct a risk-limiting 
10audit before the certification of the results of an election 
11as provided under Section 22-18. The determination to conduct 
12a risk-limiting audit, the scope of an audit, and the uses of 
13the results of an audit are entirely within the discretion of 
14the election authority. The provisions of the law regarding 
15the anonymity of the ballot and chain of custody shall be 
16observed in any process conducted under this subsection (a).
17    (b) Notwithstanding any other provision of law, an 
18election authority is authorized to conduct a risk-limiting 
19audit after the results of an election have been certified and 
20the period for filing an election contest has expired. The 
21determination to conduct a risk-limiting audit, the scope of 
22an audit, and the uses of the results of an audit are entirely 
23within the discretion of the election authority.
 
 
HB2835- 2 -LRB103 27728 BMS 54105 b

1    (c) The State Board of Elections shall adopt rules to 
2create a certification process for certifying that the 
3procedure to be used by an election authority comports with 
4the requirements of this Section, uses generally-accepted 
5statistical methods, and meets the standards for best 
6practices to insure statistically sound results. Upon 
7application by an election authority, accompanied by a 
8sufficient showing of the statistical soundness of an election 
9authority's risk-limiting audit methods, the State Board of 
10Elections may waive the certification process requirement for 
11that election authority, notwithstanding the rules adopted 
12under this subsection (c).
13    (d) For the purposes of this Section, "risk-limiting 
14audit" means a process of examining election materials, 
15including ballots, under an audit protocol that makes use of 
16statistical methods and is designed to limit the risk of the 
17certification of an incorrect election outcome. The method 
18used in a risk-limiting audit shall be capable of producing an 
19outcome that demonstrates a strong statistical likelihood that 
20the outcome of an election is correct. 
 
 
21    Section 99. Effective date. This Act takes effect upon 
22becoming law.