SB3300 104TH GENERAL ASSEMBLY

LRB104 19823 SPS 33273 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3300

Introduced 2/3/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

10 ILCS 5/11-8
10 ILCS 5/24B-15
10 ILCS 5/24C-15

Amends the Election Code. Provides that, in addition to required vote centers, election authorities may establish additional vote centers under a specified model. Sets forth provisions concerning the number and location of additional vote centers. Provides that, in jurisdictions where in-precinct counting equipment is used, the election authority shall retabulate the total number of votes cast on 5% of the election day equipment used within the election jurisdiction (rather than votes cast in 5% of precincts within the election jurisdiction). Provides that the precincts and voting devices to be retabulated shall be selected after election day on a random basis by the State Board of Elections so that every device used in early voting and all equipment used on election day in the election jurisdiction has an equal mathematical chance of being selected (rather than providing that every precinct and every device used in early voting shall have an equal mathematical chance of being selected for retabulated).

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 changing Sections 11-8, 24B-15, and 24C-15 as follows:

(10 ILCS 5/11-8)

(Section scheduled to be repealed on July 1, 2029)

Sec. 11-8. Vote centers.

(a) Notwithstanding any law to the contrary, election authorities shall establish at least one location to be located at an office of the election authority or in the largest municipality within its jurisdiction where all voters in its jurisdiction are allowed to vote on election day during polling place hours, regardless of the precinct in which they are registered, and that location shall provide curbside voting. Election authorities may establish more than one vote center, but in jurisdictions with a population of more than 500,000 inhabitants, the election authority shall establish at least 2 vote centers. An election authority establishing such a location under this Section shall identify the location and any health and safety requirements by the 40th day preceding an election and certify such to the State Board of Elections.

(b) (Blank). This Section is repealed on July 1, 2029.

(c) In addition to the vote centers established under subsection (a), election authorities may establish additional vote centers under the model described in subsection (d). If an election authority establishes additional vote centers under this Section, the appointment of election judges shall follow the procedures described in Articles 13 and 14, but the requirements for the number of election judges shall apply to each vote center, rather than each election precinct. Otherwise, vote centers have the same authority and responsibilities as election precincts and shall follow the same procedures set forth in this Code.

(d) If an election authority establishes additional vote centers as described under subsection (c), the election authority shall do so in accordance with the following:

(1) For each general primary election and general election, an election authority shall designate a minimum number of vote centers, as follows:

(A) For counties with at least 250,000 registered voters:

(i) during the period from the 15th day before the day of election to the 5th day before the day of election, at least one vote center for each 75,000 registered voters;

(ii) during the period from the 4th day before the day of election to the day before the day of election, at least one vote center for each 20,000 registered voters; and

(iii) on the day of election, at least one vote center for each 12,500 registered voters.

(B) For counties with at least 37,500 registered voters but fewer than 250,000 registered voters:

(i) during the period from the 15th day before the day of election to the 5th day before the day of election, at least one vote center for each 75,000 registered voters, except that there must be at least one vote center in each county;

(ii) during the period from the 5th day before the day of election to the day before the day of election, at least one vote center for each 20,000 registered voters; and

(iii) on the day of election, at least one vote center for each 12,500 registered voters.

(C) For counties with at least 12,500 registered voters but fewer than 37,500 registered voters:

(i) during the period from the 15th day before the day of election to the day before the day of election, at least one vote center; and

(ii) on the day of election, at least 3 vote centers.

(D) For counties with fewer than 12,500 registered voters, from the 15th day before the day of election through day of election, at least one vote center.

For the purposes of this paragraph, the number of registered in a county is the number of voters registered in the county on the date of the preceding presidential election or on the date of the preceding general election, whichever is greater.

(2) Election authorities shall follow the guidelines for locations and hours of early voting as set forth in Article 19A. An election jurisdiction shall not have fewer permanent early voting locations than required under Article 19A.

(3) An election authority may designate a greater number of vote centers than the minimum required by this Section.

(4) In selecting the location for vote centers required under paragraph (1), each election authority shall consider:

(A) proximity to public transportation lines and availability of parking;

(B) geographic features that affect access and convenience;

(C) equitable distribution across the county so as to afford maximally convenient options for voters;

(D) the existence and location of population centers;

(E) access for persons with disabilities;

(F) use of existing voting locations that typically serve a significant number of voters;

(G) use of public buildings that are known to voters in the county, especially to the extent that using the buildings results in cost savings compared to other potential locations;

(H) when private locations are designated as vote centers, methods and standards to ensure the security of voting conducted at the locations;

(I) proximity to historically under-represented communities;

(J) if a proposed location was used in a previous election, the number of electors that used the location in the previous election and the recorded wait times at the location, or the number of electors and recorded wait times at nearby locations; and

(K) the need to locate vote centers in population centers that had lower voter turnout in previous elections.

(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; 102-1109, eff. 12-21-22; 103-467, eff. 8-4-23.)

(10 ILCS 5/24B-15)

Sec. 24B-15. Official return of precinct; check of totals; retabulation. The precinct return printed by the automatic Precinct Tabulation Optical Scan Technology tabulating equipment shall include the number of ballots cast and votes cast for each candidate and proposition and shall constitute the official return of each precinct. In addition to the precinct return, the election authority shall provide the number of applications for ballots in each precinct, the write-in votes, the total number of ballots counted in each precinct for each political subdivision and district and the number of registered voters in each precinct. However, the election authority shall check the totals shown by the precinct return and, if there is an obvious discrepancy regarding the total number of votes cast in any precinct, shall have the ballots for that precinct retabulated to correct the return. The procedures for retabulation shall apply prior to and after the proclamation is completed; however, after the proclamation of results, the election authority must obtain a court order to unseal voted ballots except for election contests and discovery recounts. In those election jurisdictions that use in-precinct counting equipment, the certificate of results, which has been prepared by the judges of election after the ballots have been tabulated, shall be the document used for the canvass of votes for such precinct. Whenever a discrepancy exists during the canvass of votes between the unofficial results and the certificate of results, or whenever a discrepancy exists during the canvass of votes between the certificate of results and the set of totals which has been affixed to the certificate of results, the ballots for that precinct shall be retabulated to correct the return. As an additional part of this check prior to the proclamation, in those jurisdictions where in-precinct counting equipment is used, the election authority shall retabulate the total number of votes cast on in 5% of the election day equipment used precincts within the election jurisdiction, as well as 5% of the voting devices used in early voting. The precincts and the voting devices to be retabulated shall be selected after election day on a random basis by the State Board of Elections, so that every precinct in the election jurisdiction and every voting device used in early voting and all equipment used on election day in the election jurisdiction has an equal mathematical chance of being selected. The State Board of Elections shall design a standard and scientific random method of selecting the precincts and voting devices which are to be retabulated. The State central committee chair of each established political party shall be given prior written notice of the time and place of the random selection procedure and may be represented at the procedure. The retabulation shall consist of counting the ballots which were originally counted and shall not involve any determination of which ballots were, in fact, properly counted. The ballots from the precincts selected for the retabulation shall remain at all times under the custody and control of the election authority and shall be transported and retabulated by the designated staff of the election authority.

As part of the retabulation, the election authority shall test the computer program in the selected precincts and on the selected early voting devices. The test shall be conducted by processing a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each public question, and shall include for each office one or more ballots which have votes in excess of the number allowed by law to test the ability of the equipment and the marking device to reject such votes. If any error is detected, the cause shall be determined and corrected, and an errorless count shall be made prior to the official canvass and proclamation of election results.

The State Board of Elections, the State's Attorney and other appropriate law enforcement agencies, the county chair of each established political party and qualified civic organizations shall be given prior written notice of the time and place of the retabulation and may be represented at the retabulation.

The results of this retabulation shall be treated in the same manner and have the same effect as the results of the discovery procedures set forth in Section 22-9.1 of this Code. Upon completion of the retabulation, the election authority shall print a comparison of the results of the retabulation with the original precinct return printed by the automatic tabulating equipment. The comparison shall be done for each precinct and for each early voting device selected for testing and for each office voted upon within that precinct or on that voting device, and the comparisons shall be open to the public. Upon completion of the retabulation, the returns shall be open to the public.

(Source: P.A. 100-1027, eff. 1-1-19.)

(10 ILCS 5/24C-15)

Sec. 24C-15. Official return of precinct; check of totals; audit. The precinct return printed by the Direct Recording Electronic Voting System tabulating equipment shall include the number of ballots cast and votes cast for each candidate and public question and shall constitute the official return of each precinct. In addition to the precinct return, the election authority shall provide the number of applications for ballots in each precinct, the total number of ballots and vote by mail ballots counted in each precinct for each political subdivision and district and the number of registered voters in each precinct. However, the election authority shall check the totals shown by the precinct return and, if there is an obvious discrepancy regarding the total number of votes cast in any precinct, shall have the ballots for that precinct audited to correct the return. The procedures for this audit shall apply prior to and after the proclamation is completed; however, after the proclamation of results, the election authority must obtain a court order to unseal voted ballots or voting devices except for election contests and discovery recounts. The certificate of results, which has been prepared and signed by the judges of election after the ballots have been tabulated, shall be the document used for the canvass of votes for such precinct. Whenever a discrepancy exists during the canvass of votes between the unofficial results and the certificate of results, or whenever a discrepancy exists during the canvass of votes between the certificate of results and the set of totals reflected on the certificate of results, the ballots for that precinct shall be audited to correct the return.

Prior to the proclamation, the election authority shall test the voting devices and equipment on in 5% of the election day equipment used precincts within the election jurisdiction, as well as 5% of the voting devices used in early voting. The precincts and the voting devices to be tested shall be selected after election day on a random basis by the State Board of Elections, so that every precinct and every device used in early voting and all equipment used on election day in the election jurisdiction has an equal mathematical chance of being selected. The State Board of Elections shall design a standard and scientific random method of selecting the precincts and voting devices that are to be tested. The State central committee chair of each established political party shall be given prior written notice of the time and place of the random selection procedure and may be represented at the procedure.

The test shall be conducted by counting the votes marked on the permanent paper record of each ballot cast in the tested precinct printed by the voting system at the time that each ballot was cast and comparing the results of this count with the results shown by the certificate of results prepared by the Direct Recording Electronic Voting System in the test precinct. The election authority shall test count these votes either by hand or by using an automatic tabulating device other than a Direct Recording Electronic voting device that has been approved by the State Board of Elections for that purpose and tested before use to ensure accuracy. The election authority shall print the results of each test count. If any error is detected, the cause shall be determined and corrected, and an errorless count shall be made prior to the official canvass and proclamation of election results. If an errorless count cannot be conducted and there continues to be difference in vote results between the certificate of results produced by the Direct Recording Electronic Voting System and the count of the permanent paper records or if an error was detected and corrected, the election authority shall immediately prepare and forward to the appropriate canvassing board a written report explaining the results of the test and any errors encountered and the report shall be made available for public inspection.

The State Board of Elections, the State's Attorney and other appropriate law enforcement agencies, the county chair of each established political party and qualified civic organizations shall be given prior written notice of the time and place of the test and may be represented at the test.

The results of this post-election test shall be treated in the same manner and have the same effect as the results of the discovery procedures set forth in Section 22-9.1 of this Code.

(Source: P.A. 100-1027, eff. 1-1-19.)