Full Text of SB1188 95th General Assembly
SB1188 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1188
Introduced 2/8/2007, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
|
|
Amends the Election Code. With respect to electronic voting systems, provides for the availability to the public by the vendor of the system's ballot counting technology information.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB1188 |
|
LRB095 10840 JAM 31104 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 Section | 5 |
| 23-15.1 as follows:
| 6 |
| (10 ILCS 5/23-15.1)
| 7 |
| Sec. 23-15.1. Production of ballot counting code and | 8 |
| attendance of
witnesses . Citizens have the right to know how | 9 |
| their votes are counted. Technology shall not be used in a | 10 |
| voting system that interferes with this right to know. | 11 |
| "Publicly disclosed" technology refers to hardware and | 12 |
| software whose design details have been made public and are | 13 |
| freely available for public inspection. In addition, the vendor | 14 |
| of publicly disclosed technology grants to the public the right | 15 |
| to test the technology and publish the test results. | 16 |
| The technology disclosure package is an electronic file | 17 |
| that contains all the documents required to show exactly how | 18 |
| the system works. | 19 |
| Voting system technology includes components specifically | 20 |
| designed or modified for the voting application, as well as | 21 |
| components that are general purpose commodity items (sometimes | 22 |
| called COTS for "commercial-off-the-shelf"). The vendor is not | 23 |
| expected to reveal the inner workings of unmodified COTS |
|
|
|
SB1188 |
- 2 - |
LRB095 10840 JAM 31104 b |
|
| 1 |
| components. However, all unmodified COTS components must be | 2 |
| identified by manufacturer, model, and revision. In addition, | 3 |
| all product data sheets, manuals, and other publicly available | 4 |
| documentation should be included for unmodified COTS | 5 |
| components in the technology disclosure package. | 6 |
| All hardware and software components created or modified | 7 |
| for the voting application must have complete documentation, | 8 |
| including software source code, in the technology disclosure | 9 |
| package. | 10 |
| The vendor is not required to freely provide hardware to | 11 |
| the public for testing purposes, but the technology disclosure | 12 |
| package shall be sufficiently detailed such that competent | 13 |
| engineers with the correct tools can fully recreate the | 14 |
| hardware and software systems. | 15 |
| All contracts executed by any election authority within the | 16 |
| State of Illinois that include the purchase of voting equipment | 17 |
| shall include the following provisions for public disclosure of | 18 |
| technology as described in this Section; the vendor must make | 19 |
| arrangements to have a complete technology disclosure package | 20 |
| available for free public download on a public disclosure | 21 |
| website, which may be operated by a government or private | 22 |
| entity, to make publicly disclosed technology available for | 23 |
| free download to the public. In the event that the public | 24 |
| disclosure service becomes unavailable from the vendor's | 25 |
| chosen provider, the vendor must agree to make arrangements for | 26 |
| public disclosure with another entity within 30 days from the |
|
|
|
SB1188 |
- 3 - |
LRB095 10840 JAM 31104 b |
|
| 1 |
| time the service becomes unavailable from the original public | 2 |
| disclosure service provider.
| 3 |
| All voting-system vendors shall, within 90 days after the | 4 |
| adoption
of rules or upon application for voting-system | 5 |
| approval, place in escrow all
computer code for its voting | 6 |
| system with the State Board of Elections. The
State Board of | 7 |
| Elections shall promulgate rules to implement this Section. For
| 8 |
| purposes of this Section, the term "computer code" includes, | 9 |
| but is not limited
to, ballot counting source code, table | 10 |
| structures, modules, program narratives,
and other human | 11 |
| readable computer instructions used to count ballots.
Any | 12 |
| computer code submitted by vendors to the State Board of | 13 |
| Elections shall be
considered strictly confidential and the | 14 |
| intellectual property of the vendors
and shall not be subject | 15 |
| to public disclosure under the Freedom of
Information Act.
| 16 |
| The State Board of Elections shall determine which software | 17 |
| components of a
voting system it deems necessary to enable the | 18 |
| review and verification of the
computer. The State Board of | 19 |
| Elections shall secure and
maintain all
proprietary computer | 20 |
| codes in strict confidence and shall make a
computer code | 21 |
| available to authorized persons in
connection with an election | 22 |
| contest or pursuant to any State or federal court
order.
| 23 |
| In an election contest, each party to the contest may | 24 |
| designate one or more
persons who are authorized to receive the | 25 |
| computer code of the
relevant voting systems. The person or | 26 |
| persons authorized to receive the
relevant computer code shall |
|
|
|
SB1188 |
- 4 - |
LRB095 10840 JAM 31104 b |
|
| 1 |
| enter into a confidentiality
agreement with the State Board of | 2 |
| Elections and must exercise the highest
degree of reasonable | 3 |
| care to maintain the confidentiality of all proprietary
| 4 |
| information.
| 5 |
| The State Board of Elections shall promulgate rules to | 6 |
| provide for the
security, review, and verification of computer | 7 |
| codes.
Verification
includes, but is not limited to, | 8 |
| determining that the computer
code corresponds to computer | 9 |
| instructions actually in use to count ballots.
The State Board | 10 |
| of Elections shall hire, contract with, or otherwise provide | 11 |
| sufficiently qualified resources, both human and capital, to | 12 |
| conduct the reviews with the greatest possible expectation of | 13 |
| thoroughness, completeness, and effectiveness. The resources | 14 |
| shall be independent of and have no business, personal, | 15 |
| professional, or other affiliation with any of the system | 16 |
| vendors currently or prospectively supplying voting systems to | 17 |
| any county in the State of Illinois. Nothing in this Section | 18 |
| shall impair the obligation of any contract between a
| 19 |
| voting-systems vendor and an election authority that provides | 20 |
| access to
computer code that is equal to or greater than that | 21 |
| provided by
this Section.
| 22 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
|
|