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Illinois Compiled Statutes
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ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/24C-9
(10 ILCS 5/24C-9)
Sec. 24C-9. Testing of Direct Recording Electronic Voting
System Equipment and Programs; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the election
authority shall conduct an errorless pre-test of the Direct
Recording Electronic Voting System equipment and programs to
determine that they will correctly detect voting defects and
count the votes cast for all offices and all public questions.
On any day not less than 5 days prior to the election day, the
election authority shall publicly test the Direct Recording
Electronic Voting System equipment and programs to determine
that they will correctly detect voting errors and accurately
count the votes legally cast for all offices and on all public
questions. Public notice of the time and place of the test
shall be given at least 48 hours before the test by publishing
the notice in one or more newspapers within the election
jurisdiction of the election authority, if a newspaper is
published in that jurisdiction. If a newspaper is not published
in that jurisdiction, notice shall be published in a newspaper
of general circulation in that jurisdiction. Timely written
notice stating the date, time, and location of the public test
shall also be provided to the State Board of Elections. The
test shall be open to representatives of the political parties,
the press, representatives of the State Board of Elections, and
the public. The test shall be conducted by entering a pre-
audited group of votes designed to record a predetermined number
of valid votes for each candidate and on each public question,
and shall include for each office one or more ballots having
votes exceeding the number allowed by law to test the ability of
the automatic tabulating equipment to reject the votes. The
test shall also include producing an edit listing. In those
election jurisdictions where in-precinct counting equipment is
used, a public test of both the equipment and program shall be
conducted as nearly as possible in the manner prescribed above.
The State Board of Elections may select as many election
jurisdictions as the Board deems advisable in the interests of
the election process of this State, to order a special test of
the automatic tabulating equipment and program before any
regular election. The Board may order a special test in any
election jurisdiction where, during the preceding 12 months,
computer programming errors or other errors in the use of System
resulted in vote tabulation errors. Not less than 30 days
before any election, the State Board of Elections shall provide
written notice to those selected jurisdictions of their intent
to conduct a test. Within 5 days of receipt of the State Board
of Elections' written notice of intent to conduct a test, the
selected jurisdictions shall forward to the principal office of
the State Board of Elections a copy of all specimen ballots.
The State Board of Elections' tests shall be conducted and
completed not less than 2 days before the public test and under the
supervision of the Board. The vendor, person, or other private entity shall be solely responsible for the production and cost of: all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software. After an errorless test,
materials used in the public test, including the program, if
appropriate, shall be sealed and remain sealed until the test is
run again on election day. If any error is detected, the cause
of the error shall be determined and corrected, and an errorless
public test shall be made before the automatic tabulating
equipment is approved. Each election authority shall file a
sealed copy of each tested program to be used within its
jurisdiction at an election with the State Board of Elections
before the election. The Board shall secure the program or
programs of each election jurisdiction so filed in its office
until the next election of the same type (general primary, general election, consolidated primary, or consolidated election) for which the program or programs were filed. At the expiration of that time, if no
election contest or appeal is pending in an election
jurisdiction, the Board shall destroy the sealed program or
programs. Except
where in-precinct counting equipment is used, the test shall be
repeated immediately before the start of the official counting
of the ballots, in the same manner as set forth above. After
the completion of the count, the test shall be re-run using the
same program. Immediately after the re-run, all material used
in testing the program and the programs shall be sealed and
retained under the custody of the election authority for a
period of 60 days. At the expiration of that time the election
authority shall destroy the voted ballots, together with all
unused ballots returned from the precincts. Provided, if any
contest of election is pending at the time in which the ballots
may be required as evidence and the election authority has
notice of the contest, the same shall not be destroyed until
after the contest is finally determined. If the use of back-up
equipment becomes necessary, the same testing required for the
original equipment shall be conducted.
(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
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10 ILCS 5/24C-10
(10 ILCS 5/24C-10)
Sec. 24C-10.
Recording of votes by Direct Recording
Electronic Voting Systems.
Whenever a Direct Recording Electronic Voting System is
used to automatically record and count the votes on ballots, the
provisions of this Section shall apply. A voter shall cast a
proper vote on a ballot by marking the designated area for the
casting of a vote for any party or candidate or for or against
any public question. For this purpose, a mark is an intentional
selection of the designated area on the ballot by appropriate
means and which is not otherwise an identifying mark.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-11
(10 ILCS 5/24C-11)
Sec. 24C-11. Functional requirements. A Direct Recording Electronic Voting System shall, in
addition to satisfying the other requirements of this Article,
fulfill the following functional requirements:
(a) Provide a voter in a primary election with the means
of casting a ballot containing votes for any and all candidates
of the party or parties of his or her choice, and for any and
all non-partisan candidates and public questions and preclude
the voter from voting for any candidate of any other political
party except when legally permitted. In a general election, the
system shall provide the voter with means of selecting the
appropriate number of candidates for any office, and of voting
on any public question on the ballot to which he or she is
entitled to vote.
(b) If a voter is not entitled to vote for particular
candidates or public questions appearing on the ballot, the
system shall prevent the selection of the prohibited votes.
(c) Once the proper ballot has been selected, the
system devices shall provide a means of enabling the recording
of votes and the casting of said ballot.
(d) System voting devices shall provide voting choices
that are clear to the voter and labels indicating the names of
every candidate and the text of every public question on the
voter's ballot. Each label shall identify the selection button
or switch, or the active area of the ballot associated with it.
The system shall be able to incorporate minimal, easy-to-follow
on-screen instruction for the voter on how to cast a ballot.
(e) Voting devices shall (i) enable the voter to vote for
any and all candidates and public questions appearing on the
ballot for which the voter is lawfully entitled to vote, in any
legal number and combination; (ii) detect and reject all votes
for an office or upon a public question when the voter has cast
more votes for the office or upon the public question than the
voter is entitled to cast; (iii) notify the voter if the voter's
choices as recorded on the ballot for an office or public
question are fewer than or exceed the number that the voter is
entitled to vote for on that office or public question and the
effect of casting more or fewer votes than legally permitted; (iv) notify
the voter if the voter has failed to completely cast a vote for
an office or public question appearing on the ballot; and (v)
permit the voter, in a private and independent manner, to verify
the votes selected by the voter, to change the ballot or to
correct any error on the ballot before the ballot is completely cast and
counted. A means shall be provided to indicate each selection
after it has been made or canceled.
(f) System voting devices shall provide a means for the
voter to signify that the selection of candidates and public
questions has been completed. Upon activation, the system shall
record an image of the completed ballot, increment the proper
ballot position registers, and shall signify to the voter that
the ballot has been cast. The system shall then prevent any
further attempt to vote until it has been reset or re-enabled by
a judge of election.
(g) Each system voting device shall be equipped with a
public counter that can be set to zero prior to the opening of
the polling place, and that records the number of ballots cast
at a particular election. The counter shall be incremented only
by the casting of a ballot. The counter shall be designed to
prevent disabling or resetting by other than authorized persons
after the polls close. The counter shall be visible to all
judges of election so long as the device is installed at the
polling place.
(h) Each system voting device shall be equipped with a
protective counter that records all of the testing and election
ballots cast since the unit was built. This counter shall be
designed so that its reading cannot be changed by any cause
other than the casting of a ballot. The protective counter
shall be incapable of ever being reset and it shall be visible
at all times when the device is configured for testing,
maintenance, or election use.
(i) All system devices shall provide a means of preventing
further voting once the polling place has closed and after all
eligible voters have voted. Such means of control shall
incorporate a visible indication of system status. Each device
shall prevent any unauthorized use, prevent tampering with
ballot labels and preclude its re-opening once the poll closing
has been completed for that election.
(j) The system shall produce a printed summary report of
the votes cast upon each voting device. Until the proper
sequence of events associated with closing the polling place has
been completed, the system shall not allow the printing of a
report or the extraction of data. The printed report shall also
contain all system audit information to be required by the
election authority. Data shall not be altered or otherwise
destroyed by report generation and the system shall ensure the
integrity and security of data for a period of at least 6 months
after the polls close.
(k) If more than one voting device is used in a polling
place, the system shall provide a means to manually or
electronically consolidate the data from all such units into a
single report even if different voting systems are used to
record ballots. The system shall also be capable of
merging the vote tabulation results produced by other vote
tabulation systems, if necessary.
(l) System functions shall be implemented such that
unauthorized access to them is prevented and the execution of
authorized functions in an improper sequence is precluded.
System functions shall be executable only in the intended manner
and order, and only under the intended conditions. If the
preconditions to a system function have not been met, the
function shall be precluded from executing by the system's
control logic.
(m) All system voting devices shall incorporate at least 3
memories in the machine itself and in its programmable memory
devices.
(n) The system shall include capabilities of recording and
reporting the date and time of normal and abnormal events and of
maintaining a permanent record of audit information that cannot
be turned off. Provisions shall be made to detect and record
significant events (e.g., casting a ballot, error conditions
that cannot be disposed of by the system itself, time-dependent
or programmed events that occur without the intervention of the
voter or a judge of election).
(o) The system and each system voting device must be
capable of creating, printing and maintaining a permanent paper
record and an electronic image of each ballot that is cast such
that records of individual ballots are maintained by a subsystem
independent and distinct from the main vote detection,
interpretation, processing and reporting path. The electronic
images of each ballot must protect the integrity of the data and
the anonymity of each voter, for example, by means of storage
location scrambling. The ballot image records may be either
machine-readable or manually transcribed, or both, at the
discretion of the election authority.
(p) The system shall include built-in test, measurement
and diagnostic software and hardware for detecting and reporting
the system's status and degree of operability.
(q) The system shall contain provisions for maintaining
the integrity of memory voting and audit data during an election
and for a period of at least 6 months thereafter and shall
provide the means for creating an audit trail.
(r) The system shall be fully accessible so as to permit blind or
visually impaired voters as well as voters with physical disabilities
to exercise their right to vote in private and without
assistance.
(s) The system shall provide alternative language
accessibility if required pursuant to Section 203 of the Voting
Rights Act of 1965.
(t) Each voting device shall enable a voter to vote for a
person whose name does not appear on the ballot.
(u) The system shall record and count accurately each vote
properly cast for or against any candidate and for or against
any public question, including the names of all candidates whose
names are written in by the voters.
(v) The system shall allow for accepting provisional
ballots and for separating such provisional ballots from
precinct totals until authorized by the election authority.
(w) The system shall provide an effective audit trail as
defined in Section 24C-2 in this Code.
(x) The system shall be suitably designed for the purpose
used, be durably constructed, and be designed for safety,
accuracy and efficiency.
(y) The system shall comply with all provisions of
federal, State and local election laws and regulations and any
future modifications to those laws and regulations.
(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
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10 ILCS 5/24C-12
(10 ILCS 5/24C-12)
Sec. 24C-12. Procedures for counting and tallying of
ballots. In an election jurisdiction where a Direct Recording
Electronic Voting System is used, the following procedures for
counting and tallying the ballots shall apply:
Before the opening of the polls, the judges of elections
shall assemble the voting equipment and devices and turn the
equipment on. The judges shall, if necessary, take steps to
activate the voting devices and counting equipment by inserting
into the equipment and voting devices appropriate data cards
containing passwords and data codes that will select the proper
ballot formats selected for that polling place and that will
prevent inadvertent or unauthorized activation of the poll-opening function.
Before voting begins and before ballots are
entered into the voting devices, the judges of election shall
cause to be printed a record of the following: the election's
identification data, the device's unit identification, the
ballot's format identification, the contents of each active
candidate register by office and of each active public question
register showing that they contain all zero votes, all ballot
fields that can be used to invoke special voting options, and
other information needed to ensure the readiness of the
equipment and to accommodate administrative reporting
requirements. The judges must also check to be sure that the
totals are all zeros in the counting columns and in the public
counter affixed to the voting devices.
After the judges have determined that a person is qualified
to vote, a voting device with the proper ballot to which the
voter is entitled shall be enabled to be used by the voter. The
ballot may then be cast by the voter by marking by appropriate
means the designated area of the ballot for the casting of a
vote for any candidate or for or against any public question.
The voter shall be able to vote for any and all candidates and
public measures appearing on the ballot in any legal number and
combination and the voter shall be able to delete, change or
correct his or her selections before the ballot is cast. The
voter shall be able to select candidates whose names do not
appear upon the ballot for any office by entering electronically
as many names of candidates as the voter is entitled to select
for each office.
Upon completing his or her selection of candidates or
public questions, the voter shall signify that voting has been
completed by activating the appropriate button, switch or active
area of the ballot screen associated with end of voting. Upon
activation, the voting system shall record an image of the
completed ballot, increment the proper ballot position
registers, and shall signify to the voter that the ballot has
been cast. Upon activation, the voting system shall also print
a permanent paper record of each ballot cast as defined in
Section 24C-2 of this Code. This permanent paper record shall
(i) be printed in a clear, readily readable format that can be easily reviewed by the voter for completeness and accuracy and (ii) either be self-contained within the voting device or be
deposited by the voter into a secure ballot box. No permanent
paper record shall be removed from the polling place except by
election officials as authorized by this Article. All permanent
paper records shall be preserved and secured by election
officials in the same manner as paper ballots and shall be
available as an official record for any recount, redundant
count, or verification or retabulation of the vote count
conducted with respect to any election in which the voting
system is used. The voter shall exit the voting station and
the voting system shall prevent any further attempt to vote
until it has been properly re-activated. If a voting device has
been enabled for voting but the voter leaves the polling place
without casting a ballot, 2 judges of election, one from each of
the 2 major political parties, shall spoil the ballot.
Throughout the election day and before the closing of the
polls, no person may check any vote totals for any candidate or
public question on the voting or counting equipment. Such
equipment shall be programmed so that no person may reset the
equipment for reentry of ballots unless provided the proper code
from an authorized representative of the election authority.
The precinct judges of election shall check the public
register to determine whether the number of ballots counted by
the voting equipment agrees with the number of voters voting as
shown by the applications for ballot. If the same do not agree,
the judges of election shall immediately contact the offices of
the election authority in charge of the election for further
instructions. If the number of ballots counted by the voting
equipment agrees with the number of voters voting as shown by
the application for ballot, the number shall be listed on the
"Statement of Ballots" form provided by the election authority.
The totals for all candidates and propositions shall be tabulated. One copy of an "In-Precinct Totals Report" shall be generated by the automatic tabulating equipment for return to the election authority. One copy of an "In-Precinct Totals Report" shall be generated and posted in a conspicuous place inside the polling place, provided that any authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots is present. The judges of election shall provide, if requested, a set for each authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots.
In addition, sufficient time
shall be provided by the judges of election to the pollwatchers
to allow them to copy information from the copy which has been
posted.
Until December 31, 2019, in elections at which fractional cumulative votes are cast for candidates, the tabulation of those fractional cumulative votes may be made by the election authority at its central office location, and 4 copies of a "Certificate of Results" shall be printed by the automatic tabulation equipment and shall be posted in 4 conspicuous places at the central office location where those fractional cumulative votes have been tabulated.
If instructed by the election authority, the judges of
election shall cause the tabulated returns to be transmitted
electronically to the offices of the election authority via
modem or other electronic medium.
The precinct judges of election shall select a bi-partisan
team of 2 judges, who shall immediately return the ballots in a
sealed container, along with all other election materials and
equipment as instructed by the election authority; provided,
however, that such container must first be sealed by the
election judges with filament tape or other approved sealing
devices provided for the purpose in a manner that the ballots
cannot be removed from the container without breaking the seal
or filament tape and disturbing any signatures affixed by the
election judges to the container. The election authority shall
keep the office of the election authority, or any receiving
stations designated by the authority, open for at least 12
consecutive hours after the polls close or until the ballots and
election material and equipment from all precincts within the
jurisdiction of the election authority have been returned to the
election authority. Ballots and election materials and
equipment returned to the office of the election authority which
are not signed and sealed as required by law shall not be
accepted by the election authority until the judges returning
the ballots make and sign the necessary corrections. Upon
acceptance of the ballots and election materials and equipment
by the election authority, the judges returning the ballots
shall take a receipt signed by the election authority and
stamped with the time and date of the return. The election
judges whose duty it is to return any ballots and election
materials and equipment as provided shall, in the event the
ballots, materials or equipment cannot be found when needed, on
proper request, produce the receipt which they are to take as
above provided.
(Source: P.A. 99-522, eff. 6-30-16; 99-701, eff. 7-29-16.)
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