Full Text of SB2340 94th General Assembly
SB2340sam001 94TH GENERAL ASSEMBLY
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Sen. M. Maggie Crotty
Filed: 2/9/2006
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09400SB2340sam001 |
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LRB094 16578 JAM 55298 a |
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| AMENDMENT TO SENATE BILL 2340
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| AMENDMENT NO. ______. Amend Senate Bill 2340 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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, |
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| representatives of the
State Board of Elections, and the | 2 |
| public. The test shall be conducted by
processing a preaudited | 3 |
| group of ballots so punched or marked as to record
a | 4 |
| predetermined number of valid votes for each candidate and on | 5 |
| each
measure, and shall include for each office one or more | 6 |
| ballots which have
votes in excess of the number allowed by law | 7 |
| in order to test the
ability of the automatic tabulating | 8 |
| equipment to reject such votes.
Such test shall also include | 9 |
| the use of precinct header cards and may include
the production | 10 |
| of an edit listing. In those election jurisdictions
where | 11 |
| in-precinct counting equipment is utilized, a public test of | 12 |
| both
such equipment and program shall be conducted as nearly as | 13 |
| possible in the
manner prescribed above. The State Board of | 14 |
| Elections may select as
many election jurisdictions as the | 15 |
| Board deems advisable in the interests of
the election process | 16 |
| of this State in which to order a special test of the
automatic | 17 |
| tabulating equipment and program prior to any regular election. | 18 |
| The
Board may order a special test in any election jurisdiction | 19 |
| where, during
the preceding twelve months, computer | 20 |
| programming errors or other errors
in the use of electronic | 21 |
| voting systems resulted in vote tabulation errors.
Not less | 22 |
| than 30 days prior to any election, the State Board of | 23 |
| Elections shall
provide written notice to those selected | 24 |
| jurisdictions of their intent to
conduct a test. Within 5 days | 25 |
| of receipt of the State Board of Elections'
written notice of | 26 |
| intent to conduct a test, the selected jurisdictions shall
| 27 |
| forward to the principal office of the State Board of Elections | 28 |
| a copy of all
specimen ballots. The State Board of Elections' | 29 |
| tests shall be conducted and
completed not less than 2 days | 30 |
| prior to the public test utilizing testing
materials supplied | 31 |
| by the Board and under the supervision of the Board . The | 32 |
| vendor, person, or other private entity shall be solely | 33 |
| responsible for the production and cost of: all ballots; | 34 |
| additional temporary workers; and other equipment or |
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| facilities needed and used in the testing of the vendor's, | 2 |
| person's, or other private entity's respective equipment and | 3 |
| software. , and the
Board shall reimburse the election authority | 4 |
| for the reasonable cost of
computer time required to conduct | 5 |
| the special test. After an errorless test,
materials used in | 6 |
| the public test, including the program, if appropriate, shall
| 7 |
| be sealed and remain so until the test is run again on election | 8 |
| day. If any
error is detected, the cause therefor shall be | 9 |
| ascertained and corrected and an
errorless public test shall be | 10 |
| made before the automatic tabulating equipment
is approved. | 11 |
| Each election authority shall file a sealed copy of each tested
| 12 |
| program to be used within its jurisdiction at an election with | 13 |
| the State
Board of Elections prior to the election. The Board | 14 |
| shall secure the program
or programs of each election | 15 |
| jurisdiction so filed in its office for
the 60 days following | 16 |
| the canvass and proclamation of election results. Upon
the | 17 |
| expiration of that time, if no election contest or appeal | 18 |
| therefrom is
pending in an election jurisdiction, the Board | 19 |
| shall destroy
return the sealed program
or programs to the | 20 |
| election authority of the jurisdiction . Except where
| 21 |
| in-precinct counting equipment is utilized, the test shall be | 22 |
| repeated
immediately before the start of the official count of | 23 |
| the ballots, in the same
manner as set forth above. After the | 24 |
| completion of the count, the test shall be
re-run using the | 25 |
| same program. An election jurisdiction that was employing, as
| 26 |
| of January 1, 1983, an electronic voting system that, because | 27 |
| of its design, is
not technically capable of compliance with | 28 |
| such a post-tabulation testing
requirement shall satisfy the | 29 |
| post-tabulation testing requirement by conducting
the | 30 |
| post-tabulation test on a duplicate program until such | 31 |
| electronic voting
system is replaced or until November 1, 1992, | 32 |
| whichever is earlier.
Immediately thereafter the ballots, all | 33 |
| material employed in testing the
program and the program shall | 34 |
| be sealed and retained under the custody of the
election |
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| authority for a period of 60 days. At the expiration of that | 2 |
| time the
election authority shall destroy the voted ballot | 3 |
| cards, together with all
unused ballots returned from the | 4 |
| precincts. Provided, if any contest of
election is pending at | 5 |
| such time in which such ballots may be required as
evidence and | 6 |
| such election authority has notice thereof, the same shall not | 7 |
| be
destroyed until after such contest is finally determined. If | 8 |
| the use of back-up
equipment becomes necessary, the same | 9 |
| testing required for the original
equipment shall be conducted.
| 10 |
| (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.)
| 11 |
| (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
| 12 |
| Sec. 24A-15. The precinct return printed by the automatic | 13 |
| tabulating
equipment shall include the number of ballots cast
| 14 |
| and votes cast for each candidate and proposition and shall | 15 |
| constitute the
official return of each precinct. In addition to | 16 |
| the precinct return, the
election authority shall provide the | 17 |
| number of applications for ballots
in each precinct, the | 18 |
| write-in votes, the total number of ballots counted in
each | 19 |
| precinct for each political subdivision and district and the | 20 |
| number
of registered voters in each precinct. However, the | 21 |
| election authority
shall check the totals shown by the precinct | 22 |
| return and, if there is an
obvious discrepancy with respect to | 23 |
| the total number of votes cast in any
precinct, shall have the | 24 |
| ballots for such precinct retabulated to correct
the return. | 25 |
| The procedures for retabulation shall apply prior to and
after | 26 |
| the proclamation is completed; however, after the proclamation | 27 |
| of
results, the election authority must obtain a court order to | 28 |
| unseal voted
ballots except for election contests and discovery | 29 |
| recounts.
In those election jurisdictions that utilize | 30 |
| in-precinct counting
equipment, the certificate of results, | 31 |
| which has been prepared by the
judges of election in the | 32 |
| polling place after the ballots have been
tabulated, shall be | 33 |
| the document used for the canvass of votes for such
precinct. |
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| Whenever a discrepancy exists during the canvass of votes
| 2 |
| between the unofficial results and the certificate of results, | 3 |
| or whenever
a discrepancy exists during the canvass of votes | 4 |
| between the certificate of
results and the set of totals which | 5 |
| has been affixed to such certificate of
results, the ballots | 6 |
| for such precinct shall be retabulated to correct the
return. | 7 |
| As an additional part of this check prior to the proclamation, | 8 |
| in
those jurisdictions where in-precinct counting equipment is | 9 |
| utilized, the
election authority shall retabulate the total | 10 |
| number of votes cast in 5% of
the precincts within the election | 11 |
| jurisdiction. The precincts to be
retabulated shall be selected | 12 |
| after election day on a random basis by the
State Board of | 13 |
| Elections
election authority , so that every precinct in the | 14 |
| election jurisdiction has
an equal mathematical chance of being | 15 |
| selected. The State Board of
Elections shall design a standard | 16 |
| and scientific random method of selecting
the precincts which | 17 |
| are to be retabulated, and the election authority shall
be | 18 |
| required to utilize such method. The State Board of Elections, | 19 |
| the
State's Attorney and other appropriate law enforcement | 20 |
| agencies, the county
chairman of each established political | 21 |
| party and qualified civic
organizations shall be given prior | 22 |
| written notice of the time and place of
such random selection | 23 |
| procedure and may be represented at such procedure.
Such | 24 |
| retabulation shall consist of counting the ballot cards which | 25 |
| were
originally counted and shall not involve any determination | 26 |
| as to which
ballot cards were, in fact, properly counted. The | 27 |
| ballots from the
precincts selected for such retabulation shall | 28 |
| remain at all times under
the custody and control of the | 29 |
| election authority and shall be transported
and retabulated by | 30 |
| the designated staff of the election authority.
| 31 |
| As part of such retabulation, the election authority shall | 32 |
| test the
computer program in the selected precincts. Such test
| 33 |
| shall be conducted by processing a preaudited group of ballots | 34 |
| so punched
so as to record a predetermined number of valid |
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| votes for each candidate
and on each public question, and shall | 2 |
| include for each office one or more
ballots which have votes in | 3 |
| excess of the number allowed by law in order
to test the | 4 |
| ability of the equipment to reject such votes. If any error
is | 5 |
| detected, the cause therefor shall be ascertained and corrected | 6 |
| and an
errorless count shall be made prior to the official | 7 |
| canvass and proclamation
of election results.
| 8 |
| The State Board of Elections, the State's Attorney and | 9 |
| other appropriate
law enforcement agencies, the county | 10 |
| chairman of each established political
party and qualified | 11 |
| civic organizations shall be given prior written notice
of the | 12 |
| time and place of such retabulation and may be represented at | 13 |
| such
retabulation.
| 14 |
| The results of this retabulation shall be treated in the | 15 |
| same manner and
have the same effect as the results of the | 16 |
| discovery procedures set forth
in Section 22-9.1 of this Act. | 17 |
| Upon completion of the retabulation, the
election authority | 18 |
| shall print a comparison of the results of the
retabulation | 19 |
| with the original precinct return printed by the automatic
| 20 |
| tabulating equipment. Such comparison shall be done for each | 21 |
| precinct and
for each office voted upon within that precinct, | 22 |
| and the comparisons shall
be open to the public.
| 23 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 24 |
| (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| 25 |
| Sec. 24A-16. The State Board of Elections shall approve all | 26 |
| voting
systems provided by this Article.
| 27 |
| No voting system shall be approved
unless it fulfills the | 28 |
| following requirements:
| 29 |
| (1) It enables a voter to vote in absolute secrecy;
| 30 |
| (2) (Blank);
| 31 |
| (3) It enables a voter to vote a ticket selected in part | 32 |
| from the
nominees of one party, and in part from the nominees | 33 |
| of any or all parties,
and in part from independent candidates |
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| and in part of candidates whose
names are written in by the | 2 |
| voter;
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| (4) It enables a voter to vote a written or printed ticket | 4 |
| of his own
selection for any person for any office for whom he | 5 |
| may desire to vote;
| 6 |
| (5) It will reject all votes for an office or upon a | 7 |
| proposition when
the voter has cast more votes for such office | 8 |
| or upon such proposition than
he is entitled to cast;
| 9 |
| (6) It will accommodate all propositions to be submitted to | 10 |
| the voters
in the form provided by law or, where no such form | 11 |
| is provided, then in
brief form, not to exceed 75 words.
| 12 |
| The State Board of Elections is authorized to withdraw its | 13 |
| approval of a
voting system if the system fails to fulfill the | 14 |
| above requirements.
| 15 |
| The vendor, person, or other private entity shall be solely | 16 |
| responsible for the production and cost of: all ballots; | 17 |
| additional temporary workers; and other equipment or | 18 |
| facilities needed and used in the testing of the vendor's, | 19 |
| person's, or other private entity's respective equipment and | 20 |
| software.
| 21 |
| No vendor, person or other entity may sell, lease or loan a | 22 |
| voting
system or voting system component to any election | 23 |
| jurisdiction unless the
voting system or voting system | 24 |
| component is first approved by the State
Board of Elections | 25 |
| pursuant to this Section.
| 26 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 27 |
| (10 ILCS 5/24B-9)
| 28 |
| Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
| 29 |
| Technology Equipment and Program; Custody of Programs, Test
| 30 |
| Materials and Ballots. Prior to the public test, the election
| 31 |
| authority shall conduct an errorless pre-test of the automatic
| 32 |
| Precinct Tabulation Optical Scan Technology tabulating | 33 |
| equipment
and program and marking device to determine that they |
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|
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| will correctly detect
Voting
Defects and count the votes cast | 2 |
| for all offices and all
measures. On any day not less than 5 | 3 |
| days prior to the election
day, the election authority shall | 4 |
| publicly test the automatic
Precinct Tabulation Optical Scan | 5 |
| Technology tabulating equipment
and program to determine that | 6 |
| they will correctly detect Voting
Defects and count the votes | 7 |
| cast for all offices and on all
measures. Public notice of the | 8 |
| time and place of the test shall
be given at least 48 hours | 9 |
| before the test by publishing the notice in
one or more | 10 |
| newspapers within the election jurisdiction
of the election | 11 |
| authority, if a newspaper is published in that jurisdiction.
If | 12 |
| a newspaper is not published in that jurisdiction, notice shall | 13 |
| be published
in a newspaper of general circulation in that | 14 |
| jurisdiction. Timely
written notice stating the date, time, and | 15 |
| location of the public
test shall also be provided to the State | 16 |
| Board of Elections. The
test shall be open to representatives | 17 |
| of the political parties,
the press, representatives of the | 18 |
| State Board of Elections, and
the public. The test shall be | 19 |
| conducted by processing a
preaudited group of ballots marked to | 20 |
| record a
predetermined number of valid votes for each candidate | 21 |
| and on
each measure, and shall include for each office one or | 22 |
| more
ballots having votes exceeding the number allowed by law
| 23 |
| to test the ability of the automatic tabulating
equipment or | 24 |
| marking device to reject the votes. The test shall also
include
| 25 |
| producing an edit listing. In those election jurisdictions
| 26 |
| where in-precinct counting equipment is used, a public test
of | 27 |
| both the equipment and program shall be conducted as nearly
as | 28 |
| possible in the manner prescribed above. The State Board of
| 29 |
| Elections may select as many election jurisdictions as the | 30 |
| Board
deems advisable in the interests of the election process | 31 |
| of this
State, to order a special test of the automatic
| 32 |
| tabulating equipment and program before any regular election.
| 33 |
| The Board may order a special test in any election jurisdiction
| 34 |
| where, during the preceding 12 months, computer programming
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09400SB2340sam001 |
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| errors or other errors in the use of electronic voting systems
| 2 |
| resulted in vote tabulation errors. Not
less than 30 days | 3 |
| before any election, the State Board of
Elections shall provide | 4 |
| written notice to those selected
jurisdictions of their intent | 5 |
| to conduct a test. Within 5 days
of receipt of the State Board | 6 |
| of Elections' written notice of
intent to conduct a test, the | 7 |
| selected jurisdictions shall
forward to the principal office of | 8 |
| the State Board of Elections a
copy of all specimen ballots. | 9 |
| The State Board of Elections'
tests shall be conducted and | 10 |
| completed not less than 2 days before
the public test utilizing | 11 |
| testing materials supplied by the
Board and under the | 12 |
| supervision of the Board . The vendor, person, or other private | 13 |
| entity shall be solely responsible for the production and cost | 14 |
| of: all ballots; additional temporary workers; and other | 15 |
| equipment or facilities needed and used in the testing of the | 16 |
| vendor's, person's, or other private entity's respective | 17 |
| equipment and software. , and the Board shall
reimburse the | 18 |
| election authority for the reasonable cost of
computer time | 19 |
| required to conduct the special test. After an
errorless test, | 20 |
| materials used in the public test, including the
program, if | 21 |
| appropriate, shall be sealed and remain sealed until the
test | 22 |
| is run again on election day. If any error is detected, the
| 23 |
| cause of the error shall be determined and corrected, and an
| 24 |
| errorless public test shall be made before the automatic
| 25 |
| tabulating equipment is approved. Each election authority | 26 |
| shall
file a sealed copy of each tested program to be used | 27 |
| within its
jurisdiction at an election with the State Board of | 28 |
| Elections
before the election. The Board shall secure the | 29 |
| program or
programs of each election jurisdiction so filed in | 30 |
| its office for
the 60 days following the canvass and | 31 |
| proclamation of election
results. At the expiration of that | 32 |
| time, if no election
contest or appeal is pending in an | 33 |
| election
jurisdiction, the Board shall destroy
return the | 34 |
| sealed program or
programs to the election authority of the |
|
|
|
09400SB2340sam001 |
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| jurisdiction . Except
where in-precinct counting equipment is | 2 |
| used, the test shall
be repeated immediately before the start | 3 |
| of the official counting
of the ballots, in the same manner as | 4 |
| set forth above. After the
completion of the count, the test | 5 |
| shall be re-run using the same
program. Immediately after the | 6 |
| re-run, all material
used in testing the program and the | 7 |
| programs shall be sealed
and retained under the custody of the | 8 |
| election authority for a
period of 60 days. At the expiration | 9 |
| of that time the election
authority shall destroy the voted | 10 |
| ballots, together with all
unused ballots returned from the | 11 |
| precincts. Provided, if any
contest of election is pending at | 12 |
| the time in which the ballots
may be required as evidence and | 13 |
| the election authority has
notice of the contest, the same | 14 |
| shall not be destroyed until after the
contest is finally | 15 |
| determined. If the use of back-up equipment
becomes necessary, | 16 |
| the same testing required for the original
equipment shall be | 17 |
| conducted.
| 18 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 19 |
| (10 ILCS 5/24B-15)
| 20 |
| Sec. 24B-15. Official Return of Precinct; Check of Totals; | 21 |
| Retabulation. The precinct return printed by the automatic
| 22 |
| Precinct Tabulation Optical Scan Technology tabulating | 23 |
| equipment
shall include the number of ballots cast
and votes | 24 |
| cast for each candidate and proposition and shall
constitute | 25 |
| the official return of each precinct. In addition to the | 26 |
| precinct
return, the election
authority shall provide the | 27 |
| number of applications for ballots in
each precinct, the | 28 |
| write-in votes, the total number of ballots
counted in each | 29 |
| precinct for each political subdivision and
district and the | 30 |
| number of registered voters in each precinct.
However, the | 31 |
| election authority shall check the totals shown by
the precinct | 32 |
| return and, if there is an obvious discrepancy regarding
the | 33 |
| total number of votes cast in any precinct, shall
have the |
|
|
|
09400SB2340sam001 |
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LRB094 16578 JAM 55298 a |
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| 1 |
| ballots for that precinct retabulated to correct the
return.
| 2 |
| The procedures for retabulation shall apply prior to and after | 3 |
| the
proclamation is completed; however, after the proclamation | 4 |
| of results, the
election authority must obtain a court order to | 5 |
| unseal voted ballots except for
election contests and discovery | 6 |
| recounts.
In those election jurisdictions that use in-precinct
| 7 |
| counting equipment, the certificate of results, which has been
| 8 |
| prepared by the judges of election in the polling place after | 9 |
| the
ballots have been tabulated, shall be the document used for | 10 |
| the
canvass of votes for such precinct. Whenever a discrepancy
| 11 |
| exists during the canvass of votes between the unofficial | 12 |
| results
and the certificate of results, or whenever a | 13 |
| discrepancy exists
during the canvass of votes between the | 14 |
| certificate of results
and the set of totals which has been | 15 |
| affixed to the certificate
of results, the ballots for that | 16 |
| precinct shall be retabulated to
correct the return. As an | 17 |
| additional part of this check prior to
the proclamation, in | 18 |
| those jurisdictions where in-precinct
counting equipment is | 19 |
| used, the election authority shall
retabulate the total number | 20 |
| of votes cast in 5% of the precincts
within the election | 21 |
| jurisdiction. The precincts to be
retabulated shall be selected | 22 |
| after election day on a random
basis by the State Board of | 23 |
| Elections
election authority , so that every precinct in the
| 24 |
| election jurisdiction has an equal mathematical chance of being
| 25 |
| selected. The State Board of Elections shall design a standard
| 26 |
| and scientific random method of selecting the precincts which | 27 |
| are
to be retabulated, and the election authority shall be | 28 |
| required
to use that method. The State Board of Elections, the
| 29 |
| State's Attorney and other appropriate law enforcement | 30 |
| agencies,
the county chairman of each established political | 31 |
| party and
qualified civic organizations shall be given prior | 32 |
| written notice
of the time and place of the random selection | 33 |
| procedure and may
be represented at the procedure. The | 34 |
| retabulation shall
consist of counting the ballots which were |
|
|
|
09400SB2340sam001 |
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LRB094 16578 JAM 55298 a |
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| 1 |
| originally counted and
shall not involve any determination of | 2 |
| which ballots were, in
fact, properly counted. The ballots from | 3 |
| the precincts selected
for the retabulation shall remain at all | 4 |
| times under the custody
and control of the election authority | 5 |
| and shall be transported
and retabulated by the designated | 6 |
| staff of the election
authority.
| 7 |
| As part of the retabulation, the election authority shall
| 8 |
| test the computer program in the selected precincts. The test
| 9 |
| shall be conducted by processing a preaudited group of ballots
| 10 |
| marked to record a predetermined number of valid votes for
each | 11 |
| candidate and on each public question, and shall include for
| 12 |
| each office one or more ballots which have votes in excess of | 13 |
| the
number allowed by law to test the ability of the
equipment | 14 |
| and the marking device to reject such votes. If any error is
| 15 |
| detected, the
cause shall be determined and corrected, and an
| 16 |
| errorless count shall be made prior to the official canvass and
| 17 |
| proclamation of election results.
| 18 |
| The State Board of Elections, the State's Attorney and | 19 |
| other
appropriate law enforcement agencies, the county | 20 |
| chairman of each
established political party and qualified | 21 |
| civic organizations
shall be given prior written notice of the | 22 |
| time and place of the
retabulation and may be represented at | 23 |
| the retabulation.
| 24 |
| The results of this retabulation shall be treated in the
| 25 |
| same manner and have the same effect as the results of the
| 26 |
| discovery procedures set forth in Section 22-9.1 of this Code.
| 27 |
| Upon completion of the retabulation, the election authority | 28 |
| shall
print a comparison of the results of the retabulation | 29 |
| with the
original precinct return printed by the automatic | 30 |
| tabulating
equipment. The comparison shall be done for each | 31 |
| precinct and
for each office voted upon within that precinct, | 32 |
| and the
comparisons shall be open to the public. Upon | 33 |
| completion of the
retabulation, the returns shall be open to | 34 |
| the public.
|
|
|
|
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|
| 1 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 2 |
| (10 ILCS 5/24B-16)
| 3 |
| Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
| 4 |
| Technology Voting Systems; Requisites. The State Board of
| 5 |
| Elections shall approve all Precinct Tabulation Optical Scan
| 6 |
| Technology voting systems provided by this Article.
| 7 |
| No Precinct Tabulation Optical Scan Technology voting | 8 |
| system
shall be approved unless it fulfills the following | 9 |
| requirements:
| 10 |
| (a) It enables a voter to vote in absolute secrecy;
| 11 |
| (b) (Blank);
| 12 |
| (c) It enables a voter to vote a ticket selected in | 13 |
| part
from the nominees of one party, and in part from the | 14 |
| nominees of
any or all parties, and in part from | 15 |
| independent candidates, and
in part of candidates whose | 16 |
| names are written in by the voter;
| 17 |
| (d) It enables a voter to vote a written or printed | 18 |
| ticket
of his or her own selection for any person for any | 19 |
| office for whom he or she
may desire to vote;
| 20 |
| (e) It will reject all votes for an office or upon a
| 21 |
| proposition when the voter has cast more votes for the | 22 |
| office or
upon the proposition than he or she is entitled | 23 |
| to cast; and
| 24 |
| (f) It will accommodate all propositions to be | 25 |
| submitted to
the voters in the form provided by law or, | 26 |
| where no form is
provided, then in brief form, not to | 27 |
| exceed 75 words.
| 28 |
| The State Board of Elections is authorized to withdraw its
| 29 |
| approval of a Precinct Tabulation Optical Scan Technology | 30 |
| voting
system if the system fails to fulfill the above | 31 |
| requirements.
| 32 |
| The vendor, person, or other private entity shall be solely | 33 |
| responsible for the production and cost of: all ballots; |
|
|
|
09400SB2340sam001 |
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| 1 |
| additional temporary workers; and other equipment or | 2 |
| facilities needed and used in the testing of the vendor's, | 3 |
| person's, or other private entity's respective equipment and | 4 |
| software.
| 5 |
| No vendor, person or other entity may sell, lease or loan a
| 6 |
| voting system or Precinct Tabulation Optical Scan Technology
| 7 |
| voting system component to any election jurisdiction unless the
| 8 |
| voting system or voting system component is first approved by | 9 |
| the
State Board of Elections pursuant to this Section.
| 10 |
| (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
| 11 |
| (10 ILCS 5/24C-9)
| 12 |
| Sec. 24C-9. Testing of Direct Recording Electronic Voting
| 13 |
| System Equipment and Programs; Custody of Programs, Test
| 14 |
| Materials and Ballots. Prior to the public test, the election
| 15 |
| authority shall conduct an errorless pre-test of the Direct
| 16 |
| Recording Electronic Voting System equipment and programs to
| 17 |
| determine that they will correctly detect voting defects and
| 18 |
| count the votes cast for all offices and all public questions.
| 19 |
| On any day not less than 5 days prior to the election day, the
| 20 |
| election authority shall publicly test the Direct Recording
| 21 |
| Electronic Voting System equipment and programs to determine
| 22 |
| that they will correctly detect voting errors and accurately
| 23 |
| count the votes legally cast for all offices and on all public
| 24 |
| questions. Public notice of the time and place of the test
| 25 |
| shall be given at least 48 hours before the test by publishing
| 26 |
| the notice in one or more newspapers within the election
| 27 |
| jurisdiction of the election authority, if a newspaper is
| 28 |
| published in that jurisdiction. If a newspaper is not published
| 29 |
| in that jurisdiction, notice shall be published in a newspaper
| 30 |
| of general circulation in that jurisdiction. Timely written
| 31 |
| notice stating the date, time, and location of the public test
| 32 |
| shall also be provided to the State Board of Elections. The
| 33 |
| test shall be open to representatives of the political parties,
|
|
|
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| 1 |
| the press, representatives of the State Board of Elections, and
| 2 |
| the public. The test shall be conducted by entering a pre-
| 3 |
| audited group of votes designed to record a predetermined | 4 |
| number
of valid votes for each candidate and on each public | 5 |
| question,
and shall include for each office one or more ballots | 6 |
| having
votes exceeding the number allowed by law to test the | 7 |
| ability of
the automatic tabulating equipment to reject the | 8 |
| votes. The
test shall also include producing an edit listing. | 9 |
| In those
election jurisdictions where in-precinct counting | 10 |
| equipment is
used, a public test of both the equipment and | 11 |
| program shall be
conducted as nearly as possible in the manner | 12 |
| prescribed above.
The State Board of Elections may select as | 13 |
| many election
jurisdictions as the Board deems advisable in the | 14 |
| interests of
the election process of this State, to order a | 15 |
| special test of
the automatic tabulating equipment and program | 16 |
| before any
regular election. The Board may order a special test | 17 |
| in any
election jurisdiction where, during the preceding 12 | 18 |
| months,
computer programming errors or other errors in the use | 19 |
| of System
resulted in vote tabulation errors. Not less than 30 | 20 |
| days
before any election, the State Board of Elections shall | 21 |
| provide
written notice to those selected jurisdictions of their | 22 |
| intent
to conduct a test. Within 5 days of receipt of the State | 23 |
| Board
of Elections' written notice of intent to conduct a test, | 24 |
| the
selected jurisdictions shall forward to the principal | 25 |
| office of
the State Board of Elections a copy of all specimen | 26 |
| ballots.
The State Board of Elections' tests shall be conducted | 27 |
| and
completed not less than 2 days before the public test | 28 |
| utilizing
testing materials supplied by the Board and under the
| 29 |
| supervision of the Board . The vendor, person, or other private | 30 |
| entity shall be solely responsible for the production and cost | 31 |
| of: all ballots; additional temporary workers; and other | 32 |
| equipment or facilities needed and used in the testing of the | 33 |
| vendor's, person's, or other private entity's respective | 34 |
| equipment and software. , and the Board shall reimburse the
|
|
|
|
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| 1 |
| election authority for the reasonable cost of computer time
| 2 |
| required to conduct the special test. After an errorless test,
| 3 |
| materials used in the public test, including the program, if
| 4 |
| appropriate, shall be sealed and remain sealed until the test | 5 |
| is
run again on election day. If any error is detected, the | 6 |
| cause
of the error shall be determined and corrected, and an | 7 |
| errorless
public test shall be made before the automatic | 8 |
| tabulating
equipment is approved. Each election authority | 9 |
| shall file a
sealed copy of each tested program to be used | 10 |
| within its
jurisdiction at an election with the State Board of | 11 |
| Elections
before the election. The Board shall secure the | 12 |
| program or
programs of each election jurisdiction so filed in | 13 |
| its office
for the 60 days following the canvass and | 14 |
| proclamation of
election results. At the expiration of that | 15 |
| time, if no
election contest or appeal is pending in an | 16 |
| election
jurisdiction, the Board shall destroy
return the | 17 |
| sealed program or
programs to the election authority of the | 18 |
| jurisdiction . Except
where in-precinct counting equipment is | 19 |
| used, the test shall be
repeated immediately before the start | 20 |
| of the official counting
of the ballots, in the same manner as | 21 |
| set forth above. After
the completion of the count, the test | 22 |
| shall be re-run using the
same program. Immediately after the | 23 |
| re-run, all material used
in testing the program and the | 24 |
| programs shall be sealed and
retained under the custody of the | 25 |
| election authority for a
period of 60 days. At the expiration | 26 |
| of that time the election
authority shall destroy the voted | 27 |
| ballots, together with all
unused ballots returned from the | 28 |
| precincts. Provided, if any
contest of election is pending at | 29 |
| the time in which the ballots
may be required as evidence and | 30 |
| the election authority has
notice of the contest, the same | 31 |
| shall not be destroyed until
after the contest is finally | 32 |
| determined. If the use of back-up
equipment becomes necessary, | 33 |
| the same testing required for the
original equipment shall be | 34 |
| conducted.
|
|
|
|
09400SB2340sam001 |
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|
| 1 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 2 |
| (10 ILCS 5/24C-15)
| 3 |
| Sec. 24C-15. Official Return of Precinct; Check of Totals;
| 4 |
| Audit. The precinct return printed by the Direct Recording
| 5 |
| Electronic Voting System tabulating equipment shall include | 6 |
| the
number of ballots cast and votes cast for each candidate | 7 |
| and
public question and shall constitute the official return of | 8 |
| each
precinct. In addition to the precinct return, the election
| 9 |
| authority shall provide the number of applications for ballots
| 10 |
| in each precinct, the total number of ballots and absentee
| 11 |
| ballots counted in each precinct for each political subdivision
| 12 |
| and district and the number of registered voters in each
| 13 |
| precinct. However, the election authority shall check the
| 14 |
| totals shown by the precinct return and, if there is an obvious
| 15 |
| discrepancy regarding the total number of votes cast in any
| 16 |
| precinct, shall have the ballots for that precinct audited to
| 17 |
| correct the return. The procedures for this audit shall apply
| 18 |
| prior to and after the proclamation is completed; however, | 19 |
| after
the proclamation of results, the election authority must | 20 |
| obtain
a court order to unseal voted ballots or voting devices | 21 |
| except
for election contests and discovery recounts. The | 22 |
| certificate
of results, which has been prepared and signed by | 23 |
| the judges of
election in the polling place after the ballots | 24 |
| have been
tabulated, shall be the document used for the canvass | 25 |
| of votes
for such precinct. Whenever a discrepancy exists | 26 |
| during the
canvass of votes between the unofficial results and | 27 |
| the
certificate of results, or whenever a discrepancy exists | 28 |
| during
the canvass of votes between the certificate of results | 29 |
| and the
set of totals reflected on the certificate of results, | 30 |
| the
ballots for that precinct shall be audited to correct the
| 31 |
| return.
| 32 |
| Prior to the proclamation, the election authority shall
| 33 |
| test the voting devices and equipment in 5% of the precincts
|
|
|
|
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| 1 |
| within the election jurisdiction. The precincts to be tested
| 2 |
| shall be selected after election day on a random basis by the
| 3 |
| State Board of Elections
election authority , so that every | 4 |
| precinct in the election
jurisdiction has an equal mathematical | 5 |
| chance of being selected.
The State Board of Elections shall | 6 |
| design a standard and
scientific random method of selecting the | 7 |
| precincts that are to
be tested, and the election authority | 8 |
| shall be required to use
that method. The State Board of | 9 |
| Elections, the State's Attorney
and other appropriate law | 10 |
| enforcement agencies, the county
chairman of each established | 11 |
| political party and qualified civic
organizations shall be | 12 |
| given prior written notice of the time
and place of the random | 13 |
| selection procedure and may be
represented at the procedure.
| 14 |
| The test shall be conducted by counting the votes marked on
| 15 |
| the permanent paper record of each ballot cast in the tested
| 16 |
| precinct printed by the voting system at the time that each
| 17 |
| ballot was cast and comparing the results of this count with | 18 |
| the
results shown by the certificate of results prepared by the
| 19 |
| Direct Recording Electronic Voting System in the test precinct.
| 20 |
| The election authority shall test count these votes either by
| 21 |
| hand or by using an automatic tabulating device other than a
| 22 |
| Direct Recording Electronic voting device that has been | 23 |
| approved
by the State Board of Elections for that purpose and | 24 |
| tested
before use to ensure accuracy. The election authority | 25 |
| shall
print the results of each test count. If any error is | 26 |
| detected,
the cause shall be determined and corrected, and an | 27 |
| errorless
count shall be made prior to the official canvass and
| 28 |
| proclamation of election results. If an errorless count cannot
| 29 |
| be conducted and there continues to be difference in vote
| 30 |
| results between the certificate of results produced by the
| 31 |
| Direct Recording Electronic Voting System and the count of the
| 32 |
| permanent paper records or if an error was detected and
| 33 |
| corrected, the election authority shall immediately prepare | 34 |
| and
forward to the appropriate canvassing board a written |
|
|
|
09400SB2340sam001 |
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|
| 1 |
| report
explaining the results of the test and any errors | 2 |
| encountered
and the report shall be made available for public | 3 |
| inspection.
| 4 |
| The State Board of Elections, the State's Attorney and
| 5 |
| other appropriate law enforcement agencies, the county | 6 |
| chairman
of each established political party and qualified | 7 |
| civic
organizations shall be given prior written notice of the | 8 |
| time
and place of the test and may be represented at the test.
| 9 |
| The results of this post-election test shall be treated in
| 10 |
| the same manner and have the same effect as the results of the
| 11 |
| discovery procedures set forth in Section 22-9.1 of this Code.
| 12 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| 13 |
| (10 ILCS 5/24C-16)
| 14 |
| Sec. 24C-16. Approval of Direct Recording Electronic | 15 |
| Voting
Systems; Requisites. The State Board of Elections shall | 16 |
| approve
all Direct Recording Electronic Voting Systems that | 17 |
| fulfill the
functional requirements provided by Section 24C-11 | 18 |
| of this Code,
the mandatory requirements of the federal voting | 19 |
| system
standards pertaining to Direct Recording Electronic | 20 |
| Voting
Systems promulgated by the Federal Election Commission | 21 |
| or the
Election Assistance Commission, the testing | 22 |
| requirements of an
approved independent testing authority and | 23 |
| the rules of the
State Board of Elections.
| 24 |
| The State Board of Elections is authorized to withdraw its
| 25 |
| approval of a Direct Recording Electronic Voting System if the
| 26 |
| System, once approved, fails to fulfill the above requirements.
| 27 |
| The vendor, person, or other private entity shall be solely | 28 |
| responsible for the production and cost of: all ballots; | 29 |
| additional temporary workers; and other equipment or | 30 |
| facilities needed and used in the testing of the vendor's, | 31 |
| person's, or other private entity's respective equipment and | 32 |
| software.
| 33 |
| No vendor, person or other entity may sell, lease or loan a
|
|
|
|
09400SB2340sam001 |
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LRB094 16578 JAM 55298 a |
|
| 1 |
| Direct Recording Electronic Voting System or system component | 2 |
| to
any election jurisdiction unless the system or system | 3 |
| component
is first approved by the State Board of Elections | 4 |
| pursuant to
this Section.
| 5 |
| (Source: P.A. 93-574, eff. 8-21-03.)".
|
|