Illinois General Assembly - Full Text of HB1138
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Full Text of HB1138  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 1/12/2023, by Rep. Blaine Wilhour


10 ILCS 5/24A-15  from Ch. 46, par. 24A-15

    Amends the Election Code. Provides that the State Board of Elections shall develop procedures for conducting audits of affidavit signatures on ballots cast in each regular election. Provides that each election authority shall select at random 1% of the ballots cast within the jurisdiction of the election authority to be audited in accordance with those procedures. Effective January 1, 2024.

LRB103 05321 AWJ 50339 b





HB1138LRB103 05321 AWJ 50339 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
5Sections 24A-15 as follows:
6    (10 ILCS 5/24A-15)  (from Ch. 46, par. 24A-15)
7    Sec. 24A-15. The precinct return printed by the automatic
8tabulating equipment shall include the number of ballots cast
9and votes cast for each candidate and proposition and shall
10constitute the official return of each precinct. In addition
11to the precinct return, the election authority shall provide
12the number of applications for ballots in each precinct, the
13write-in votes, the total number of ballots counted in each
14precinct for each political subdivision and district and the
15number of registered voters in each precinct. However, the
16election authority shall check the totals shown by the
17precinct return and, if there is an obvious discrepancy with
18respect to the total number of votes cast in any precinct,
19shall have the ballots for such precinct retabulated to
20correct the return. The procedures for retabulation shall
21apply prior to and after the proclamation is completed;
22however, after the proclamation of results, the election
23authority must obtain a court order to unseal voted ballots



HB1138- 2 -LRB103 05321 AWJ 50339 b

1except for election contests and discovery recounts. In those
2election jurisdictions that utilize in-precinct counting
3equipment, the certificate of results, which has been prepared
4by the judges of election after the ballots have been
5tabulated, shall be the document used for the canvass of votes
6for such precinct. Whenever a discrepancy exists during the
7canvass of votes between the unofficial results and the
8certificate of results, or whenever a discrepancy exists
9during the canvass of votes between the certificate of results
10and the set of totals which has been affixed to such
11certificate of results, the ballots for such precinct shall be
12retabulated to correct the return. As an additional part of
13this check prior to the proclamation, in those jurisdictions
14where in-precinct counting equipment is utilized, the election
15authority shall retabulate the total number of votes cast in
165% of the precincts within the election jurisdiction, as well
17as 5% of the voting devices used in early voting. The precincts
18and the voting devices to be retabulated shall be selected
19after election day on a random basis by the State Board of
20Elections, so that every precinct in the election jurisdiction
21and every voting device used in early voting has an equal
22mathematical chance of being selected. The State Board of
23Elections shall design a standard and scientific random method
24of selecting the precincts and voting devices which are to be
25retabulated. The State central committee chair of each
26established political party shall be given prior written



HB1138- 3 -LRB103 05321 AWJ 50339 b

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



HB1138- 4 -LRB103 05321 AWJ 50339 b

2    The results of this retabulation shall be treated in the
3same manner and have the same effect as the results of the
4discovery procedures set forth in Section 22-9.1 of this Act.
5Upon completion of the retabulation, the election authority
6shall print a comparison of the results of the retabulation
7with the original precinct return printed by the automatic
8tabulating equipment. Such comparison shall be done for each
9precinct and for each early voting device selected for testing
10and for each office voted upon within that precinct or on that
11voting device, and the comparisons shall be open to the
13    In addition to the retabulation under this Section,
14beginning with the general election held in calendar year
152024, the State Board of Elections shall develop procedures
16for conducting audits of affidavit signatures on ballots cast
17in each regular election. Each election authority shall select
18at random 1% of the ballots cast within the jurisdiction of the
19election authority to be audited in accordance with the
20procedures developed by the State Board of Elections under
21this paragraph.
22(Source: P.A. 100-1027, eff. 1-1-19.)
23    Section 99. Effective date. This Act takes effect January
241, 2024.