94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2340

 

Introduced 1/12/2006, by Sen. M. Maggie Crotty

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/24A-9   from Ch. 46, par. 24A-9
10 ILCS 5/24A-15   from Ch. 46, par. 24A-15
10 ILCS 5/24A-16   from Ch. 46, par. 24A-16
10 ILCS 5/24B-9
10 ILCS 5/24B-15
10 ILCS 5/24B-16
10 ILCS 5/24C-9
10 ILCS 5/24C-15
10 ILCS 5/24C-16

    Amends the Election Code. With respect to voting equipment, (i) requires that vendors pay the costs of ballots and temporary workers for equipment tests; (ii) after an election, authorizes the State Board of Elections to destroy programs (now, return them to election authorities) when there is no election contest; and (iii) authorizes the State Board to select an election jurisdiction's precincts for random retabulation of votes after election day.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2340 LRB094 16578 JAM 51839 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 24A-9, 24A-15, 24A-16, 24B-9, 24B-15, 24B-16, 24C-9,
6 24C-15, and 24C-16 as follows:
 
7     (10 ILCS 5/24A-9)  (from Ch. 46, par. 24A-9)
8     Sec. 24A-9. Prior to the public test, the election
9 authority shall conduct an errorless pre-test of the automatic
10 tabulating equipment and program to ascertain that they will
11 correctly count the votes cast for all offices and all
12 measures. On any day not less than 5 days prior to the election
13 day, the election authority shall publicly test the automatic
14 tabulating equipment and program to ascertain that they will
15 correctly count the votes cast for all offices and on all
16 measures. Public notice of the time and place of the test shall
17 be given at least 48 hours prior thereto by publication once in
18 one or more newspapers published within the election
19 jurisdiction of the election authority if a newspaper is
20 published therein, otherwise in a newspaper of general
21 circulation therein. Timely written notice stating the date,
22 time and location of the public test shall also be provided to
23 the State Board of Elections. The test shall be open to
24 representatives of the political parties, the press,
25 representatives of the State Board of Elections, and the
26 public. The test shall be conducted by processing a preaudited
27 group of ballots so punched or marked as to record a
28 predetermined number of valid votes for each candidate and on
29 each measure, and shall include for each office one or more
30 ballots which have votes in excess of the number allowed by law
31 in order to test the ability of the automatic tabulating
32 equipment to reject such votes. Such test shall also include

 

 

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1 the use of precinct header cards and may include the production
2 of an edit listing. In those election jurisdictions where
3 in-precinct counting equipment is utilized, a public test of
4 both such equipment and program shall be conducted as nearly as
5 possible in the manner prescribed above. The State Board of
6 Elections may select as many election jurisdictions as the
7 Board deems advisable in the interests of the election process
8 of this State in which to order a special test of the automatic
9 tabulating equipment and program prior to any regular election.
10 The Board may order a special test in any election jurisdiction
11 where, during the preceding twelve months, computer
12 programming errors or other errors in the use of electronic
13 voting systems resulted in vote tabulation errors. Not less
14 than 30 days prior to any election, the State Board of
15 Elections shall provide written notice to those selected
16 jurisdictions of their intent to conduct a test. Within 5 days
17 of receipt of the State Board of Elections' written notice of
18 intent to conduct a test, the selected jurisdictions shall
19 forward to the principal office of the State Board of Elections
20 a copy of all specimen ballots. The State Board of Elections'
21 tests shall be conducted and completed not less than 2 days
22 prior to the public test utilizing testing materials supplied
23 by the Board and under the supervision of the Board. The
24 vendor, person, or other entity shall be responsible for the
25 production and cost of: all ballots; additional temporary
26 workers; and other equipment or facilities needed and used in
27 the testing of the vendor's, person's, or other entity's
28 respective equipment and software. , and the Board shall
29 reimburse the election authority for the reasonable cost of
30 computer time required to conduct the special test. After an
31 errorless test, materials used in the public test, including
32 the program, if appropriate, shall be sealed and remain so
33 until the test is run again on election day. If any error is
34 detected, the cause therefor shall be ascertained and corrected
35 and an errorless public test shall be made before the automatic
36 tabulating equipment is approved. Each election authority

 

 

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1 shall file a sealed copy of each tested program to be used
2 within its jurisdiction at an election with the State Board of
3 Elections prior to the election. The Board shall secure the
4 program or programs of each election jurisdiction so filed in
5 its office for the 60 days following the canvass and
6 proclamation of election results. Upon the expiration of that
7 time, if no election contest or appeal therefrom is pending in
8 an election jurisdiction, the Board shall destroy return the
9 sealed program or programs to the election authority of the
10 jurisdiction. Except where in-precinct counting equipment is
11 utilized, the test shall be repeated immediately before the
12 start of the official count of the ballots, in the same manner
13 as set forth above. After the completion of the count, the test
14 shall be re-run using the same program. An election
15 jurisdiction that was employing, as of January 1, 1983, an
16 electronic voting system that, because of its design, is not
17 technically capable of compliance with such a post-tabulation
18 testing requirement shall satisfy the post-tabulation testing
19 requirement by conducting the post-tabulation test on a
20 duplicate program until such electronic voting system is
21 replaced or until November 1, 1992, whichever is earlier.
22 Immediately thereafter the ballots, all material employed in
23 testing the program and the program shall be sealed and
24 retained under the custody of the election authority for a
25 period of 60 days. At the expiration of that time the election
26 authority shall destroy the voted ballot cards, together with
27 all unused ballots returned from the precincts. Provided, if
28 any contest of election is pending at such time in which such
29 ballots may be required as evidence and such election authority
30 has notice thereof, the same shall not be destroyed until after
31 such contest is finally determined. If the use of back-up
32 equipment becomes necessary, the same testing required for the
33 original equipment shall be conducted.
34 (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.)
 
35     (10 ILCS 5/24A-15)  (from Ch. 46, par. 24A-15)

 

 

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1     Sec. 24A-15. The precinct return printed by the automatic
2 tabulating equipment shall include the number of ballots cast
3 and votes cast for each candidate and proposition and shall
4 constitute the official return of each precinct. In addition to
5 the precinct return, the election authority shall provide the
6 number of applications for ballots in each precinct, the
7 write-in votes, the total number of ballots counted in each
8 precinct for each political subdivision and district and the
9 number of registered voters in each precinct. However, the
10 election authority shall check the totals shown by the precinct
11 return and, if there is an obvious discrepancy with respect to
12 the total number of votes cast in any precinct, shall have the
13 ballots for such precinct retabulated to correct the return.
14 The procedures for retabulation shall apply prior to and after
15 the proclamation is completed; however, after the proclamation
16 of results, the election authority must obtain a court order to
17 unseal voted ballots except for election contests and discovery
18 recounts. In those election jurisdictions that utilize
19 in-precinct counting equipment, the certificate of results,
20 which has been prepared by the judges of election in the
21 polling place after the ballots have been tabulated, shall be
22 the document used for the canvass of votes for such precinct.
23 Whenever a discrepancy exists during the canvass of votes
24 between the unofficial results and the certificate of results,
25 or whenever a discrepancy exists during the canvass of votes
26 between the certificate of results and the set of totals which
27 has been affixed to such certificate of results, the ballots
28 for such precinct shall be retabulated to correct the return.
29 As an additional part of this check prior to the proclamation,
30 in those jurisdictions where in-precinct counting equipment is
31 utilized, the election authority shall retabulate the total
32 number of votes cast in 5% of the precincts within the election
33 jurisdiction. The precincts to be retabulated shall be selected
34 after election day on a random basis by the State Board of
35 Elections election authority, so that every precinct in the
36 election jurisdiction has an equal mathematical chance of being

 

 

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1 selected. The State Board of Elections shall design a standard
2 and scientific random method of selecting the precincts which
3 are to be retabulated, and the election authority shall be
4 required to utilize such method. The State Board of Elections,
5 the State's Attorney and other appropriate law enforcement
6 agencies, the county chairman of each established political
7 party and qualified civic organizations shall be given prior
8 written notice of the time and place of such random selection
9 procedure and may be represented at such procedure. Such
10 retabulation shall consist of counting the ballot cards which
11 were originally counted and shall not involve any determination
12 as to which ballot cards were, in fact, properly counted. The
13 ballots from the precincts selected for such retabulation shall
14 remain at all times under the custody and control of the
15 election authority and shall be transported and retabulated by
16 the designated staff of the election authority.
17     As part of such retabulation, the election authority shall
18 test the computer program in the selected precincts. Such test
19 shall be conducted by processing a preaudited group of ballots
20 so punched so as to record a predetermined number of valid
21 votes for each candidate and on each public question, and shall
22 include for each office one or more ballots which have votes in
23 excess of the number allowed by law in order to test the
24 ability of the equipment to reject such votes. If any error is
25 detected, the cause therefor shall be ascertained and corrected
26 and an errorless count shall be made prior to the official
27 canvass and proclamation of election results.
28     The State Board of Elections, the State's Attorney and
29 other appropriate law enforcement agencies, the county
30 chairman of each established political party and qualified
31 civic organizations shall be given prior written notice of the
32 time and place of such retabulation and may be represented at
33 such retabulation.
34     The results of this retabulation shall be treated in the
35 same manner and have the same effect as the results of the
36 discovery procedures set forth in Section 22-9.1 of this Act.

 

 

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1 Upon completion of the retabulation, the election authority
2 shall print a comparison of the results of the retabulation
3 with the original precinct return printed by the automatic
4 tabulating equipment. Such comparison shall be done for each
5 precinct and for each office voted upon within that precinct,
6 and the comparisons shall be open to the public.
7 (Source: P.A. 89-700, eff. 1-17-97.)
 
8     (10 ILCS 5/24A-16)  (from Ch. 46, par. 24A-16)
9     Sec. 24A-16. The State Board of Elections shall approve all
10 voting systems provided by this Article.
11     No voting system shall be approved unless it fulfills the
12 following requirements:
13     (1) It enables a voter to vote in absolute secrecy;
14     (2) (Blank);
15     (3) It enables a voter to vote a ticket selected in part
16 from the nominees of one party, and in part from the nominees
17 of any or all parties, and in part from independent candidates
18 and in part of candidates whose names are written in by the
19 voter;
20     (4) It enables a voter to vote a written or printed ticket
21 of his own selection for any person for any office for whom he
22 may desire to vote;
23     (5) It will reject all votes for an office or upon a
24 proposition when the voter has cast more votes for such office
25 or upon such proposition than he is entitled to cast;
26     (6) It will accommodate all propositions to be submitted to
27 the voters in the form provided by law or, where no such form
28 is provided, then in brief form, not to exceed 75 words.
29     The State Board of Elections is authorized to withdraw its
30 approval of a voting system if the system fails to fulfill the
31 above requirements.
32     The vendor, person, or other entity shall be responsible
33 for the production and cost of: all ballots; additional
34 temporary workers; and other equipment or facilities needed and
35 used in the testing of the vendor's, person's, or other

 

 

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1 entity's respective equipment and software.
2     No vendor, person or other entity may sell, lease or loan a
3 voting system or voting system component to any election
4 jurisdiction unless the voting system or voting system
5 component is first approved by the State Board of Elections
6 pursuant to this Section.
7 (Source: P.A. 89-700, eff. 1-17-97.)
 
8     (10 ILCS 5/24B-9)
9     Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
10 Technology Equipment and Program; Custody of Programs, Test
11 Materials and Ballots. Prior to the public test, the election
12 authority shall conduct an errorless pre-test of the automatic
13 Precinct Tabulation Optical Scan Technology tabulating
14 equipment and program and marking device to determine that they
15 will correctly detect Voting Defects and count the votes cast
16 for all offices and all measures. On any day not less than 5
17 days prior to the election day, the election authority shall
18 publicly test the automatic Precinct Tabulation Optical Scan
19 Technology tabulating equipment and program to determine that
20 they will correctly detect Voting Defects and count the votes
21 cast for all offices and on all measures. Public notice of the
22 time and place of the test shall be given at least 48 hours
23 before the test by publishing the notice in one or more
24 newspapers within the election jurisdiction of the election
25 authority, if a newspaper is published in that jurisdiction. If
26 a newspaper is not published in that jurisdiction, notice shall
27 be published in a newspaper of general circulation in that
28 jurisdiction. Timely written notice stating the date, time, and
29 location of the public test shall also be provided to the State
30 Board of Elections. The test shall be open to representatives
31 of the political parties, the press, representatives of the
32 State Board of Elections, and the public. The test shall be
33 conducted by processing a preaudited group of ballots marked to
34 record a predetermined number of valid votes for each candidate
35 and on each measure, and shall include for each office one or

 

 

SB2340 - 8 - LRB094 16578 JAM 51839 b

1 more ballots having votes exceeding the number allowed by law
2 to test the ability of the automatic tabulating equipment or
3 marking device to reject the votes. The test shall also include
4 producing an edit listing. In those election jurisdictions
5 where in-precinct counting equipment is used, a public test of
6 both the equipment and program shall be conducted as nearly as
7 possible in the manner prescribed above. The State Board of
8 Elections may select as many election jurisdictions as the
9 Board deems advisable in the interests of the election process
10 of this State, to order a special test of the automatic
11 tabulating equipment and program before any regular election.
12 The Board may order a special test in any election jurisdiction
13 where, during the preceding 12 months, computer programming
14 errors or other errors in the use of electronic voting systems
15 resulted in vote tabulation errors. Not less than 30 days
16 before any election, the State Board of Elections shall provide
17 written notice to those selected jurisdictions of their intent
18 to conduct a test. Within 5 days of receipt of the State Board
19 of Elections' written notice of intent to conduct a test, the
20 selected jurisdictions shall forward to the principal office of
21 the State Board of Elections a copy of all specimen ballots.
22 The State Board of Elections' tests shall be conducted and
23 completed not less than 2 days before the public test utilizing
24 testing materials supplied by the Board and under the
25 supervision of the Board. The vendor, person, or other entity
26 shall be responsible for the production and cost of: all
27 ballots; additional temporary workers; and other equipment or
28 facilities needed and used in the testing of the vendor's,
29 person's, or other entity's respective equipment and
30 software. , and the Board shall reimburse the election authority
31 for the reasonable cost of computer time required to conduct
32 the special test. After an errorless test, materials used in
33 the public test, including the program, if appropriate, shall
34 be sealed and remain sealed until the test is run again on
35 election day. If any error is detected, the cause of the error
36 shall be determined and corrected, and an errorless public test

 

 

SB2340 - 9 - LRB094 16578 JAM 51839 b

1 shall be made before the automatic tabulating equipment is
2 approved. Each election authority shall file a sealed copy of
3 each tested program to be used within its jurisdiction at an
4 election with the State Board of Elections before the election.
5 The Board shall secure the program or programs of each election
6 jurisdiction so filed in its office for the 60 days following
7 the canvass and proclamation of election results. At the
8 expiration of that time, if no election contest or appeal is
9 pending in an election jurisdiction, the Board shall destroy
10 return the sealed program or programs to the election authority
11 of the jurisdiction. Except where in-precinct counting
12 equipment is used, the test shall be repeated immediately
13 before the start of the official counting of the ballots, in
14 the same manner as set forth above. After the completion of the
15 count, the test shall be re-run using the same program.
16 Immediately after the re-run, all material used in testing the
17 program and the programs shall be sealed and retained under the
18 custody of the election authority for a period of 60 days. At
19 the expiration of that time the election authority shall
20 destroy the voted ballots, together with all unused ballots
21 returned from the precincts. Provided, if any contest of
22 election is pending at the time in which the ballots may be
23 required as evidence and the election authority has notice of
24 the contest, the same shall not be destroyed until after the
25 contest is finally determined. If the use of back-up equipment
26 becomes necessary, the same testing required for the original
27 equipment shall be conducted.
28 (Source: P.A. 93-574, eff. 8-21-03.)
 
29     (10 ILCS 5/24B-15)
30     Sec. 24B-15. Official Return of Precinct; Check of Totals;
31 Retabulation. The precinct return printed by the automatic
32 Precinct Tabulation Optical Scan Technology tabulating
33 equipment shall include the number of ballots cast and votes
34 cast for each candidate and proposition and shall constitute
35 the official return of each precinct. In addition to the

 

 

SB2340 - 10 - LRB094 16578 JAM 51839 b

1 precinct return, the election authority shall provide the
2 number of applications for ballots in each precinct, the
3 write-in votes, the total number of ballots counted in each
4 precinct for each political subdivision and district and the
5 number of registered voters in each precinct. However, the
6 election authority shall check the totals shown by the precinct
7 return and, if there is an obvious discrepancy regarding the
8 total number of votes cast in any precinct, shall have the
9 ballots for that precinct retabulated to correct the return.
10 The procedures for retabulation shall apply prior to and after
11 the proclamation is completed; however, after the proclamation
12 of results, the election authority must obtain a court order to
13 unseal voted ballots except for election contests and discovery
14 recounts. In those election jurisdictions that use in-precinct
15 counting equipment, the certificate of results, which has been
16 prepared by the judges of election in the polling place after
17 the ballots have been tabulated, shall be the document used for
18 the canvass of votes for such precinct. Whenever a discrepancy
19 exists during the canvass of votes between the unofficial
20 results and the certificate of results, or whenever a
21 discrepancy exists during the canvass of votes between the
22 certificate of results and the set of totals which has been
23 affixed to the certificate of results, the ballots for that
24 precinct shall be retabulated to correct the return. As an
25 additional part of this check prior to the proclamation, in
26 those jurisdictions where in-precinct counting equipment is
27 used, the election authority shall retabulate the total number
28 of votes cast in 5% of the precincts within the election
29 jurisdiction. The precincts to be retabulated shall be selected
30 after election day on a random basis by the State Board of
31 Elections election authority, so that every precinct in the
32 election jurisdiction has an equal mathematical chance of being
33 selected. The State Board of Elections shall design a standard
34 and scientific random method of selecting the precincts which
35 are to be retabulated, and the election authority shall be
36 required to use that method. The State Board of Elections, the

 

 

SB2340 - 11 - LRB094 16578 JAM 51839 b

1 State's Attorney and other appropriate law enforcement
2 agencies, the county chairman of each established political
3 party and qualified civic organizations shall be given prior
4 written notice of the time and place of the random selection
5 procedure and may be represented at the procedure. The
6 retabulation shall consist of counting the ballots which were
7 originally counted and shall not involve any determination of
8 which ballots were, in fact, properly counted. The ballots from
9 the precincts selected for the retabulation shall remain at all
10 times under the custody and control of the election authority
11 and shall be transported and retabulated by the designated
12 staff of the election authority.
13     As part of the retabulation, the election authority shall
14 test the computer program in the selected precincts. The test
15 shall be conducted by processing a preaudited group of ballots
16 marked to record a predetermined number of valid votes for each
17 candidate and on each public question, and shall include for
18 each office one or more ballots which have votes in excess of
19 the number allowed by law to test the ability of the equipment
20 and the marking device to reject such votes. If any error is
21 detected, the cause shall be determined and corrected, and an
22 errorless count shall be made prior to the official canvass and
23 proclamation of election results.
24     The State Board of Elections, the State's Attorney and
25 other appropriate law enforcement agencies, the county
26 chairman of each established political party and qualified
27 civic organizations shall be given prior written notice of the
28 time and place of the retabulation and may be represented at
29 the retabulation.
30     The results of this retabulation shall be treated in the
31 same manner and have the same effect as the results of the
32 discovery procedures set forth in Section 22-9.1 of this Code.
33 Upon completion of the retabulation, the election authority
34 shall print a comparison of the results of the retabulation
35 with the original precinct return printed by the automatic
36 tabulating equipment. The comparison shall be done for each

 

 

SB2340 - 12 - LRB094 16578 JAM 51839 b

1 precinct and for each office voted upon within that precinct,
2 and the comparisons shall be open to the public. Upon
3 completion of the retabulation, the returns shall be open to
4 the public.
5 (Source: P.A. 93-574, eff. 8-21-03.)
 
6     (10 ILCS 5/24B-16)
7     Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
8 Technology Voting Systems; Requisites. The State Board of
9 Elections shall approve all Precinct Tabulation Optical Scan
10 Technology voting systems provided by this Article.
11     No Precinct Tabulation Optical Scan Technology voting
12 system shall be approved unless it fulfills the following
13 requirements:
14         (a) It enables a voter to vote in absolute secrecy;
15         (b) (Blank);
16         (c) It enables a voter to vote a ticket selected in
17     part from the nominees of one party, and in part from the
18     nominees of any or all parties, and in part from
19     independent candidates, and in part of candidates whose
20     names are written in by the voter;
21         (d) It enables a voter to vote a written or printed
22     ticket of his or her own selection for any person for any
23     office for whom he or she may desire to vote;
24         (e) It will reject all votes for an office or upon a
25     proposition when the voter has cast more votes for the
26     office or upon the proposition than he or she is entitled
27     to cast; and
28         (f) It will accommodate all propositions to be
29     submitted to the voters in the form provided by law or,
30     where no form is provided, then in brief form, not to
31     exceed 75 words.
32     The State Board of Elections is authorized to withdraw its
33 approval of a Precinct Tabulation Optical Scan Technology
34 voting system if the system fails to fulfill the above
35 requirements.

 

 

SB2340 - 13 - LRB094 16578 JAM 51839 b

1     The vendor, person, or other entity shall be responsible
2 for the production and cost of: all ballots; additional
3 temporary workers; and other equipment or facilities needed and
4 used in the testing of the vendor's, person's, or other
5 entity's respective equipment and software.
6     No vendor, person or other entity may sell, lease or loan a
7 voting system or Precinct Tabulation Optical Scan Technology
8 voting system component to any election jurisdiction unless the
9 voting system or voting system component is first approved by
10 the State Board of Elections pursuant to this Section.
11 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
 
12     (10 ILCS 5/24C-9)
13     Sec. 24C-9. Testing of Direct Recording Electronic Voting
14 System Equipment and Programs; Custody of Programs, Test
15 Materials and Ballots. Prior to the public test, the election
16 authority shall conduct an errorless pre-test of the Direct
17 Recording Electronic Voting System equipment and programs to
18 determine that they will correctly detect voting defects and
19 count the votes cast for all offices and all public questions.
20 On any day not less than 5 days prior to the election day, the
21 election authority shall publicly test the Direct Recording
22 Electronic Voting System equipment and programs to determine
23 that they will correctly detect voting errors and accurately
24 count the votes legally cast for all offices and on all public
25 questions. Public notice of the time and place of the test
26 shall be given at least 48 hours before the test by publishing
27 the notice in one or more newspapers within the election
28 jurisdiction of the election authority, if a newspaper is
29 published in that jurisdiction. If a newspaper is not published
30 in that jurisdiction, notice shall be published in a newspaper
31 of general circulation in that jurisdiction. Timely written
32 notice stating the date, time, and location of the public test
33 shall also be provided to the State Board of Elections. The
34 test shall be open to representatives of the political parties,
35 the press, representatives of the State Board of Elections, and

 

 

SB2340 - 14 - LRB094 16578 JAM 51839 b

1 the public. The test shall be conducted by entering a pre-
2 audited group of votes designed to record a predetermined
3 number of valid votes for each candidate and on each public
4 question, and shall include for each office one or more ballots
5 having votes exceeding the number allowed by law to test the
6 ability of the automatic tabulating equipment to reject the
7 votes. The test shall also include producing an edit listing.
8 In those election jurisdictions where in-precinct counting
9 equipment is used, a public test of both the equipment and
10 program shall be conducted as nearly as possible in the manner
11 prescribed above. The State Board of Elections may select as
12 many election jurisdictions as the Board deems advisable in the
13 interests of the election process of this State, to order a
14 special test of the automatic tabulating equipment and program
15 before any regular election. The Board may order a special test
16 in any election jurisdiction where, during the preceding 12
17 months, computer programming errors or other errors in the use
18 of System resulted in vote tabulation errors. Not less than 30
19 days before any election, the State Board of Elections shall
20 provide written notice to those selected jurisdictions of their
21 intent to conduct a test. Within 5 days of receipt of the State
22 Board of Elections' written notice of intent to conduct a test,
23 the selected jurisdictions shall forward to the principal
24 office of the State Board of Elections a copy of all specimen
25 ballots. The State Board of Elections' tests shall be conducted
26 and completed not less than 2 days before the public test
27 utilizing testing materials supplied by the Board and under the
28 supervision of the Board. The vendor, person, or other entity
29 shall be responsible for the production and cost of: all
30 ballots; additional temporary workers; and other equipment or
31 facilities needed and used in the testing of the vendor's,
32 person's, or other entity's respective equipment and
33 software. , and the Board shall reimburse the election authority
34 for the reasonable cost of computer time required to conduct
35 the special test. After an errorless test, materials used in
36 the public test, including the program, if appropriate, shall

 

 

SB2340 - 15 - LRB094 16578 JAM 51839 b

1 be sealed and remain sealed until the test is run again on
2 election day. If any error is detected, the cause of the error
3 shall be determined and corrected, and an errorless public test
4 shall be made before the automatic tabulating equipment is
5 approved. Each election authority shall file a sealed copy of
6 each tested program to be used within its jurisdiction at an
7 election with the State Board of Elections before the election.
8 The Board shall secure the program or programs of each election
9 jurisdiction so filed in its office for the 60 days following
10 the canvass and proclamation of election results. At the
11 expiration of that time, if no election contest or appeal is
12 pending in an election jurisdiction, the Board shall destroy
13 return the sealed program or programs to the election authority
14 of the jurisdiction. Except where in-precinct counting
15 equipment is used, the test shall be repeated immediately
16 before the start of the official counting of the ballots, in
17 the same manner as set forth above. After the completion of the
18 count, the test shall be re-run using the same program.
19 Immediately after the re-run, all material used in testing the
20 program and the programs shall be sealed and retained under the
21 custody of the election authority for a period of 60 days. At
22 the expiration of that time the election authority shall
23 destroy the voted ballots, together with all unused ballots
24 returned from the precincts. Provided, if any contest of
25 election is pending at the time in which the ballots may be
26 required as evidence and the election authority has notice of
27 the contest, the same shall not be destroyed until after the
28 contest is finally determined. If the use of back-up equipment
29 becomes necessary, the same testing required for the original
30 equipment shall be conducted.
31 (Source: P.A. 93-574, eff. 8-21-03.)
 
32     (10 ILCS 5/24C-15)
33     Sec. 24C-15. Official Return of Precinct; Check of Totals;
34 Audit. The precinct return printed by the Direct Recording
35 Electronic Voting System tabulating equipment shall include

 

 

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1 the number of ballots cast and votes cast for each candidate
2 and public question and shall constitute the official return of
3 each precinct. In addition to the precinct return, the election
4 authority shall provide the number of applications for ballots
5 in each precinct, the total number of ballots and absentee
6 ballots counted in each precinct for each political subdivision
7 and district and the number of registered voters in each
8 precinct. However, the election authority shall check the
9 totals shown by the precinct return and, if there is an obvious
10 discrepancy regarding the total number of votes cast in any
11 precinct, shall have the ballots for that precinct audited to
12 correct the return. The procedures for this audit shall apply
13 prior to and after the proclamation is completed; however,
14 after the proclamation of results, the election authority must
15 obtain a court order to unseal voted ballots or voting devices
16 except for election contests and discovery recounts. The
17 certificate of results, which has been prepared and signed by
18 the judges of election in the polling place after the ballots
19 have been tabulated, shall be the document used for the canvass
20 of votes for such precinct. Whenever a discrepancy exists
21 during the canvass of votes between the unofficial results and
22 the certificate of results, or whenever a discrepancy exists
23 during the canvass of votes between the certificate of results
24 and the set of totals reflected on the certificate of results,
25 the ballots for that precinct shall be audited to correct the
26 return.
27     Prior to the proclamation, the election authority shall
28 test the voting devices and equipment in 5% of the precincts
29 within the election jurisdiction. The precincts to be tested
30 shall be selected after election day on a random basis by the
31 State Board of Elections election authority, so that every
32 precinct in the election jurisdiction has an equal mathematical
33 chance of being selected. The State Board of Elections shall
34 design a standard and scientific random method of selecting the
35 precincts that are to be tested, and the election authority
36 shall be required to use that method. The State Board of

 

 

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1 Elections, the State's Attorney and other appropriate law
2 enforcement agencies, the county chairman of each established
3 political party and qualified civic organizations shall be
4 given prior written notice of the time and place of the random
5 selection procedure and may be represented at the procedure.
6     The test shall be conducted by counting the votes marked on
7 the permanent paper record of each ballot cast in the tested
8 precinct printed by the voting system at the time that each
9 ballot was cast and comparing the results of this count with
10 the results shown by the certificate of results prepared by the
11 Direct Recording Electronic Voting System in the test precinct.
12 The election authority shall test count these votes either by
13 hand or by using an automatic tabulating device other than a
14 Direct Recording Electronic voting device that has been
15 approved by the State Board of Elections for that purpose and
16 tested before use to ensure accuracy. The election authority
17 shall print the results of each test count. If any error is
18 detected, the cause shall be determined and corrected, and an
19 errorless count shall be made prior to the official canvass and
20 proclamation of election results. If an errorless count cannot
21 be conducted and there continues to be difference in vote
22 results between the certificate of results produced by the
23 Direct Recording Electronic Voting System and the count of the
24 permanent paper records or if an error was detected and
25 corrected, the election authority shall immediately prepare
26 and forward to the appropriate canvassing board a written
27 report explaining the results of the test and any errors
28 encountered and the report shall be made available for public
29 inspection.
30     The State Board of Elections, the State's Attorney and
31 other appropriate law enforcement agencies, the county
32 chairman of each established political party and qualified
33 civic organizations shall be given prior written notice of the
34 time and place of the test and may be represented at the test.
35     The results of this post-election test shall be treated in
36 the same manner and have the same effect as the results of the

 

 

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1 discovery procedures set forth in Section 22-9.1 of this Code.
2 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
3     (10 ILCS 5/24C-16)
4     Sec. 24C-16. Approval of Direct Recording Electronic
5 Voting Systems; Requisites. The State Board of Elections shall
6 approve all Direct Recording Electronic Voting Systems that
7 fulfill the functional requirements provided by Section 24C-11
8 of this Code, the mandatory requirements of the federal voting
9 system standards pertaining to Direct Recording Electronic
10 Voting Systems promulgated by the Federal Election Commission
11 or the Election Assistance Commission, the testing
12 requirements of an approved independent testing authority and
13 the rules of the State Board of Elections.
14     The State Board of Elections is authorized to withdraw its
15 approval of a Direct Recording Electronic Voting System if the
16 System, once approved, fails to fulfill the above requirements.
17     The vendor, person, or other entity shall be responsible
18 for the production and cost of: all ballots; additional
19 temporary workers; and other equipment or facilities needed and
20 used in the testing of the vendor's, person's, or other
21 entity's respective equipment and software.
22     No vendor, person or other entity may sell, lease or loan a
23 Direct Recording Electronic Voting System or system component
24 to any election jurisdiction unless the system or system
25 component is first approved by the State Board of Elections
26 pursuant to this Section.
27 (Source: P.A. 93-574, eff. 8-21-03.)