Illinois 2023-2024 Regular Session

Illinois House Bill HB1138 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1138 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 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 A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1138 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 10 ILCS 5/24A-15 from Ch. 46, par. 24A-15 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 LRB103 05321 AWJ 50339 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1138 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/24A-15 from Ch. 46, par. 24A-15 10 ILCS 5/24A-15 from Ch. 46, par. 24A-15
4	4	10 ILCS 5/24A-15 from Ch. 46, par. 24A-15
5	5	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.
6	6	LRB103 05321 AWJ 50339 b LRB103 05321 AWJ 50339 b
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8	8	A BILL FOR
9	9	HB1138LRB103 05321 AWJ 50339 b HB1138 LRB103 05321 AWJ 50339 b
10	10	HB1138 LRB103 05321 AWJ 50339 b
11	11	1 AN ACT concerning elections.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Election Code is amended by changing
15	15	5 Sections 24A-15 as follows:
16	16	6 (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
17	17	7 Sec. 24A-15. The precinct return printed by the automatic
18	18	8 tabulating equipment shall include the number of ballots cast
19	19	9 and votes cast for each candidate and proposition and shall
20	20	10 constitute the official return of each precinct. In addition
21	21	11 to the precinct return, the election authority shall provide
22	22	12 the number of applications for ballots in each precinct, the
23	23	13 write-in votes, the total number of ballots counted in each
24	24	14 precinct for each political subdivision and district and the
25	25	15 number of registered voters in each precinct. However, the
26	26	16 election authority shall check the totals shown by the
27	27	17 precinct return and, if there is an obvious discrepancy with
28	28	18 respect to the total number of votes cast in any precinct,
29	29	19 shall have the ballots for such precinct retabulated to
30	30	20 correct the return. The procedures for retabulation shall
31	31	21 apply prior to and after the proclamation is completed;
32	32	22 however, after the proclamation of results, the election
33	33	23 authority must obtain a court order to unseal voted ballots
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1138 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
38	38	10 ILCS 5/24A-15 from Ch. 46, par. 24A-15 10 ILCS 5/24A-15 from Ch. 46, par. 24A-15
39	39	10 ILCS 5/24A-15 from Ch. 46, par. 24A-15
40	40	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.
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42	42	LRB103 05321 AWJ 50339 b
43	43	A BILL FOR
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49	49	10 ILCS 5/24A-15 from Ch. 46, par. 24A-15
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68	68	1 except for election contests and discovery recounts. In those
69	69	2 election jurisdictions that utilize in-precinct counting
70	70	3 equipment, the certificate of results, which has been prepared
71	71	4 by the judges of election after the ballots have been
72	72	5 tabulated, shall be the document used for the canvass of votes
73	73	6 for such precinct. Whenever a discrepancy exists during the
74	74	7 canvass of votes between the unofficial results and the
75	75	8 certificate of results, or whenever a discrepancy exists
76	76	9 during the canvass of votes between the certificate of results
77	77	10 and the set of totals which has been affixed to such
78	78	11 certificate of results, the ballots for such precinct shall be
79	79	12 retabulated to correct the return. As an additional part of
80	80	13 this check prior to the proclamation, in those jurisdictions
81	81	14 where in-precinct counting equipment is utilized, the election
82	82	15 authority shall retabulate the total number of votes cast in
83	83	16 5% of the precincts within the election jurisdiction, as well
84	84	17 as 5% of the voting devices used in early voting. The precincts
85	85	18 and the voting devices to be retabulated shall be selected
86	86	19 after election day on a random basis by the State Board of
87	87	20 Elections, so that every precinct in the election jurisdiction
88	88	21 and every voting device used in early voting has an equal
89	89	22 mathematical chance of being selected. The State Board of
90	90	23 Elections shall design a standard and scientific random method
91	91	24 of selecting the precincts and voting devices which are to be
92	92	25 retabulated. The State central committee chair of each
93	93	26 established political party shall be given prior written
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104	104	1 notice of the time and place of such random selection
105	105	2 procedure and may be represented at such procedure. Such
106	106	3 retabulation shall consist of counting the ballot cards which
107	107	4 were originally counted and shall not involve any
108	108	5 determination as to which ballot cards were, in fact, properly
109	109	6 counted. The ballots from the precincts selected for such
110	110	7 retabulation shall remain at all times under the custody and
111	111	8 control of the election authority and shall be transported and
112	112	9 retabulated by the designated staff of the election authority.
113	113	10 As part of such retabulation, the election authority shall
114	114	11 test the computer program in the selected precincts and on the
115	115	12 selected early voting devices. Such test shall be conducted by
116	116	13 processing a preaudited group of ballots so punched so as to
117	117	14 record a predetermined number of valid votes for each
118	118	15 candidate and on each public question, and shall include for
119	119	16 each office one or more ballots which have votes in excess of
120	120	17 the number allowed by law in order to test the ability of the
121	121	18 equipment to reject such votes. If any error is detected, the
122	122	19 cause therefor shall be ascertained and corrected and an
123	123	20 errorless count shall be made prior to the official canvass
124	124	21 and proclamation of election results.
125	125	22 The State Board of Elections, the State's Attorney and
126	126	23 other appropriate law enforcement agencies, the county chair
127	127	24 of each established political party and qualified civic
128	128	25 organizations shall be given prior written notice of the time
129	129	26 and place of such retabulation and may be represented at such
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140	140	1 retabulation.
141	141	2 The results of this retabulation shall be treated in the
142	142	3 same manner and have the same effect as the results of the
143	143	4 discovery procedures set forth in Section 22-9.1 of this Act.
144	144	5 Upon completion of the retabulation, the election authority
145	145	6 shall print a comparison of the results of the retabulation
146	146	7 with the original precinct return printed by the automatic
147	147	8 tabulating equipment. Such comparison shall be done for each
148	148	9 precinct and for each early voting device selected for testing
149	149	10 and for each office voted upon within that precinct or on that
150	150	11 voting device, and the comparisons shall be open to the
151	151	12 public.
152	152	13 In addition to the retabulation under this Section,
153	153	14 beginning with the general election held in calendar year
154	154	15 2024, the State Board of Elections shall develop procedures
155	155	16 for conducting audits of affidavit signatures on ballots cast
156	156	17 in each regular election. Each election authority shall select
157	157	18 at random 1% of the ballots cast within the jurisdiction of the
158	158	19 election authority to be audited in accordance with the
159	159	20 procedures developed by the State Board of Elections under
160	160	21 this paragraph.
161	161	22 (Source: P.A. 100-1027, eff. 1-1-19.)
162	162	23 Section 99. Effective date. This Act takes effect January
163	163	24 1, 2024.
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