(10 ILCS 5/24C-15)
Sec. 24C-15. Official return of precinct; check of totals;
audit. The precinct return printed by the Direct Recording
Electronic Voting System tabulating equipment shall include the
number of ballots cast and votes cast for each candidate and
public question and shall constitute the official return of each
precinct. In addition to the precinct return, the election
authority shall provide the number of applications for ballots
in each precinct, the total number of ballots and vote by mail
ballots counted in each precinct for each political subdivision
and district and the number of registered voters in each
precinct. However, the election authority shall check the
totals shown by the precinct return and, if there is an obvious
discrepancy regarding the total number of votes cast in any
precinct, shall have the ballots for that precinct audited to
correct the return. The procedures for this audit shall apply
prior to and after the proclamation is completed; however, after
the proclamation of results, the election authority must obtain
a court order to unseal voted ballots or voting devices except
for election contests and discovery recounts. The certificate
of results, which has been prepared and signed by the judges of
election after the ballots have been
tabulated, shall be the document used for the canvass of votes
for such precinct. Whenever a discrepancy exists during the
canvass of votes between the unofficial results and the
certificate of results, or whenever a discrepancy exists during
the canvass of votes between the certificate of results and the
set of totals reflected on the certificate of results, the
ballots for that precinct shall be audited to correct the
return.
Prior to the proclamation, the election authority shall
test the voting devices and equipment in 5% of the precincts
within the election jurisdiction, as well as 5% of the voting devices used in early voting. The precincts and the voting devices to be tested
shall be selected after election day on a random basis by the
State Board of Elections, so that every precinct and every device used in early voting in the election
jurisdiction has an equal mathematical chance of being selected.
The State Board of Elections shall design a standard and
scientific random method of selecting the precincts and voting devices that are to
be tested. The State central committee chair
of each established political party shall be given prior written notice of the time
and place of the random selection procedure and may be
represented at the procedure.
The test shall be conducted by counting the votes marked on
the permanent paper record of each ballot cast in the tested
precinct printed by the voting system at the time that each
ballot was cast and comparing the results of this count with the
results shown by the certificate of results prepared by the
Direct Recording Electronic Voting System in the test precinct.
The election authority shall test count these votes either by
hand or by using an automatic tabulating device other than a
Direct Recording Electronic voting device that has been approved
by the State Board of Elections for that purpose and tested
before use to ensure accuracy. The election authority shall
print the results of each test count. If any error is detected,
the cause shall be determined and corrected, and an errorless
count shall be made prior to the official canvass and
proclamation of election results. If an errorless count cannot
be conducted and there continues to be difference in vote
results between the certificate of results produced by the
Direct Recording Electronic Voting System and the count of the
permanent paper records or if an error was detected and
corrected, the election authority shall immediately prepare and
forward to the appropriate canvassing board a written report
explaining the results of the test and any errors encountered
and the report shall be made available for public inspection.
The State Board of Elections, the State's Attorney and
other appropriate law enforcement agencies, the county chair
of each established political party and qualified civic
organizations shall be given prior written notice of the time
and place of the test and may be represented at the test.
The results of this post-election test shall be treated in
the same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Code.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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