103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2555 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: See Index Creates the Illinois Election Integrity Act. Amends the Election Code. Requires that each election authority (i) conduct an election day audit of a random sample of 10% of votes cast and (ii) provide by contract or employment for the performance by one or more independent auditors of post-election parallel tabulations and audits. Provides for the scope of the audits and the resulting reports. Requires that optical scan technology and direct recording electronic voting systems meet certain federal and independent testing standards. Creates a voluntary tax checkoff for the Fund. With respect to early voting, requires that an election authority using only direct recording electronic voting systems have paper ballots available for voters wishing to use them. Amends the State Finance Act. Creates the Election Integrity Fund as a special fund in the State treasury. LRB103 30254 BMS 56682 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2555 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: See Index See Index Creates the Illinois Election Integrity Act. Amends the Election Code. Requires that each election authority (i) conduct an election day audit of a random sample of 10% of votes cast and (ii) provide by contract or employment for the performance by one or more independent auditors of post-election parallel tabulations and audits. Provides for the scope of the audits and the resulting reports. Requires that optical scan technology and direct recording electronic voting systems meet certain federal and independent testing standards. Creates a voluntary tax checkoff for the Fund. With respect to early voting, requires that an election authority using only direct recording electronic voting systems have paper ballots available for voters wishing to use them. Amends the State Finance Act. Creates the Election Integrity Fund as a special fund in the State treasury. LRB103 30254 BMS 56682 b LRB103 30254 BMS 56682 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2555 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Creates the Illinois Election Integrity Act. Amends the Election Code. Requires that each election authority (i) conduct an election day audit of a random sample of 10% of votes cast and (ii) provide by contract or employment for the performance by one or more independent auditors of post-election parallel tabulations and audits. Provides for the scope of the audits and the resulting reports. Requires that optical scan technology and direct recording electronic voting systems meet certain federal and independent testing standards. Creates a voluntary tax checkoff for the Fund. With respect to early voting, requires that an election authority using only direct recording electronic voting systems have paper ballots available for voters wishing to use them. Amends the State Finance Act. Creates the Election Integrity Fund as a special fund in the State treasury.
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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 1. Short title. This Act may be referred to as the
5 Illinois Election Integrity Act.
6 Section 5. The Election Code is amended by changing
7 Sections 19A-75, 24B-2, 24B-16, 24C-2, 24C-9, and 24C-16 and
8 by adding Article 17A as follows:
9 (10 ILCS 5/19A-75)
10 Sec. 19A-75. Early voting in jurisdictions using Direct
11 Recording Electronic Voting Systems under Article 24C.
12 Election authorities that have adopted for use Direct
13 Recording Electronic Voting Systems under Article 24C may (i)
14 either use those voting systems to conduct early voting,
15 provided that each early voting polling place shall have
16 available sufficient paper ballots for those voters who
17 request them, consistent with the limitations set forth in
18 subsection (b) of Section 19A-10, or (ii) , so long as at least
19 one Direct Recording Electronic Voting System device is
20 available at each early voting polling place, use whatever
21 method the election authority uses for vote by mail balloting;
22 provided that no early ballots are counted before the polls
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2555 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Creates the Illinois Election Integrity Act. Amends the Election Code. Requires that each election authority (i) conduct an election day audit of a random sample of 10% of votes cast and (ii) provide by contract or employment for the performance by one or more independent auditors of post-election parallel tabulations and audits. Provides for the scope of the audits and the resulting reports. Requires that optical scan technology and direct recording electronic voting systems meet certain federal and independent testing standards. Creates a voluntary tax checkoff for the Fund. With respect to early voting, requires that an election authority using only direct recording electronic voting systems have paper ballots available for voters wishing to use them. Amends the State Finance Act. Creates the Election Integrity Fund as a special fund in the State treasury.
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A BILL FOR
See Index
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1 close on election day.
2 (Source: P.A. 98-1171, eff. 6-1-15.)
3 (10 ILCS 5/Art. 17A heading new)
4 ARTICLE 17A. AUDITS
5 (10 ILCS 5/17A-5 new)
6 Sec. 17A-5. Election day audit. There shall be conducted
7 a 10% election day audit of all votes cast for each designated
8 race or proposition on election day.
9 (10 ILCS 5/17A-10 new)
10 Sec. 17A-10. Scope of the audit. The 10% audit shall be
11 conducted for all races or propositions that meet the
12 following criteria:
13 (1) all statewide offices and propositions;
14 (2) all countywide offices and propositions;
15 (3) all federal races; and
16 (4) any municipal or other political sub-division or
17 taxing entity races where the number of registered voters
18 eligible to vote on that race or proposition exceeds
19 50,000 voters.
20 (10 ILCS 5/17A-15 new)
21 Sec. 17A-15. Time and place of the audit. The 10% audits
22 shall take place on election day as soon as practicable after
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1 the close of the polls and shall take place at the location
2 where votes are originally counted (in-precinct for all votes
3 cast on election day and at the central counting location for
4 early voting, grace, and absentee ballots), provided that the
5 10% hand count shall be subordinate to and not interfere with
6 the reporting of election results.
7 (10 ILCS 5/17A-20 new)
8 Sec. 17A-20. Conduct. The election day audit shall be
9 conducted by election judges selected and appointed in the
10 same manner as set forth in Sections 13-1, 13-2, 14-1, 14-2,
11 and 14-3 of this Code. Election authorities may implement the
12 appointment of part-time judges, job-sharing, split shifts, or
13 other methods of allocating election judge resources to ensure
14 that sufficient judges are available to conduct the election
15 day audits in a timely and efficient manner.
16 (10 ILCS 5/17A-25 new)
17 Sec. 17A-25. Random selection of ballots to be examined.
18 (a) The election authority shall provide to each polling
19 place, precinct, or central counting location as appropriate
20 one set of 10 plastic disks, each imprinted on one or both
21 sides with a number from 1 to 10. Each disk shall have one such
22 number imprinted, with the same number on each side, and no 2
23 disks shall have the same number. In addition, a suitable
24 opaque container shall be provided sufficient to contain the
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1 set.
2 (b) After the close of the polls and prior to the
3 commencement of the election day audit, the election judges
4 present shall select one of their number to place the numbered
5 disk in the container and shake the container sufficiently so
6 that the disks shall be in random order. The judges shall
7 select another of their number to select one such disk from the
8 container in such a manner that the selecting judge has no
9 knowledge of which disk he or she is selecting. The disk drawn
10 from the container shall be examined and the number of the disk
11 chosen publicly announced. That result shall indicate which
12 ballots are to be examined, e.g. a result of 7 shall require
13 that the seventh and every tenth ballot thereafter be examined
14 (7, 17, 27, etc.). The result of the drawing shall be recorded
15 on the summary report section set forth in Section 17A-35.
16 (10 ILCS 5/17A-30 new)
17 Sec. 17A-30. Ballots or paper records to be examined.
18 (a) The election authority shall provide to each polling
19 place, precinct, or central counting location as appropriate
20 one self-inked consecutive numbering stamp capable of
21 numbering from 1 to 999,999.
22 (b) All paper ballots shall be placed in a single stack in
23 a random order as retrieved from the ballot boxes and each
24 ballot shall be stamped with a consecutive number, starting
25 with the number 1 until all ballots have been numbered.
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1 (c) The starting number and tenth ballot thereafter shall
2 be examined in accordance with the selection number resulting
3 from the operation of Section 17A-25.
4 (d) For paper records printed by Direct Recording
5 Electronic voting machines, the paper records shall be
6 examined in the order printed on the Direct Recording
7 Electronic-produced paper records selecting each starting and
8 tenth paper record thereafter in accordance with the selection
9 number resulting from the operation of Section 17A-25.
10 (e) For paper records printed by Direct Recording
11 Electronic voting machines, only the human-readable portion of
12 the paper record shall be used in the election day audit. The
13 use of bar codes or other human unreadable records of votes
14 shall not be permitted.
15 (10 ILCS 5/17A-35 new)
16 Sec. 17A-35. Reports.
17 (a) Prior to election day, the appropriate election
18 authority shall cause to be created and printed an audit
19 summary form that shall state the races and propositions to be
20 audited in accordance with Section 17A-10 and shall have
21 pre-printed spaces, boxes, or both in which the results of the
22 election day audit shall be recorded. This form shall also
23 include a reconciliation of all ballots counted by category,
24 such as provisional, federal only, standard, etc., and shall
25 be provided in sufficient number to all auditing locations to
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1 facilitate the required distribution.
2 (b) Upon completion of the audit, 6 copies of the election
3 day audit summary shall be signed by all the judges
4 participating in the election day audit and shall be
5 distributed as follows:
6 (1) One copy shall be posted in the polling or
7 counting location in a manner that the election day audit
8 summary is clearly visible and available for public
9 inspection for a period of not less than one hour.
10 (2) Two copies shall be placed in the ballot box or
11 designated envelope or envelopes and transported to the
12 election authority in the same manner as ballots.
13 (3) Three copies shall be made available on request to
14 pollwatchers or members of the public in that order of
15 preference.
16 (4) Pollwatchers and other observers in the polls may
17 take photographs of the posted copies without restriction.
18 (c) The audit reports from all in-precinct and central
19 counting locations shall be received by the election authority
20 and a consolidated report shall be prepared. The consolidated
21 reports shall be published by the election authority within 24
22 hours after the closing of the polls, and the authorities
23 shall certify the election day audit results and maintain both
24 consolidated and individual location reports in the same
25 manner and for the same period of time as ballots, except that
26 copies of consolidated and individual location reports shall
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1 be available to the public upon request. If that election
2 authority maintains a public website, then the copies shall
3 also be made freely available to the public via the Internet
4 for a period of not less than 60 days.
5 (d) The certified consolidated and individual location
6 reports shall be deemed admissible as evidence to the extent
7 permitted by law in any action for discovery or other recount.
8 (10 ILCS 5/17A-40 new)
9 Sec. 17A-40. Parallel, independent audits. There shall be
10 conducted an independent parallel tabulation and audit for
11 each race or proposition in every election.
12 (10 ILCS 5/17A-45 new)
13 Sec. 17A-45. Authority. Each election authority shall be
14 empowered on behalf of all voters in that jurisdiction to
15 contract for, employ, or both contract for and employ one or
16 more independent auditors to conduct a parallel count and
17 tabulation of the results of every election conducted by the
18 election authority for every race and proposition in the
19 election.
20 (10 ILCS 5/17A-50 new)
21 Sec. 17A-50. Independent election audit committee. Each
22 election authority shall cause to be constituted an
23 independent election audit committee of not less than 5
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1 members, that shall have as its primary duties: (1) the
2 preparation of a request for proposal for the parallel
3 election tabulation and audit and (2) the selection of the
4 independent auditor or auditors to perform such audit.
5 (10 ILCS 5/17A-55 new)
6 Sec. 17A-55. Time of convening. The election audit
7 committee for each jurisdiction shall convene at least 120
8 days prior to election day and meet thereafter as often as
9 shall be deemed necessary and proper by its membership.
10 (10 ILCS 5/17A-60 new)
11 Sec. 17A-60. Committee composition. The election audit
12 committee shall consist of the following members:
13 (1) One member appointed by each political party that
14 shall have had a candidate for jurisdiction-wide public
15 office in that jurisdiction on the ballot for the previous
16 general election, provided that the party shall have had
17 at least one candidate who received 10% of the ballots
18 cast in that election.
19 (2) Two members appointed by the election authority
20 for the jurisdiction.
21 (3) One election judge from each of the political
22 parties qualifying under paragraph (1) who has served as
23 an election judge in the most recent election conducted in
24 that jurisdiction and at least 2 previous elections. The
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1 election judge members shall be selected by lot from among
2 the pool of available judges from the most recent election
3 conducted in that jurisdiction.
4 (10 ILCS 5/17A-65 new)
5 Sec. 17A-65. Request for proposal. Each election authority
6 shall issue a request for proposal for a parallel election
7 tabulation and audit as prepared by the independent election
8 audit committee not less than 90 days before election day. The
9 proposals shall be examined and reviewed by the election audit
10 committee, and the election authority (or other governmental
11 body with appropriation and contracting authority for the
12 jurisdiction) shall award the contract for the audit not less
13 than 45 days before each election.
14 (10 ILCS 5/17A-70 new)
15 Sec. 17A-70. Funding. The public accounting firm
16 conducting the parallel election tabulation and audit shall be
17 paid from public funds appropriated by each election
18 jurisdiction and designated for that purposes.
19 (10 ILCS 5/17A-75 new)
20 Sec. 17A-75. Contractor qualifications. To qualify to
21 submit a proposal, a potential parallel election tabulation
22 and audit contractor shall include in its response to the
23 request for proposal:
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1 (1) Evidence that it is a public accounting firm
2 licensed by the State of Illinois to perform financial
3 audits.
4 (2) Provide evidence that upon awarding of a contract
5 to conduct the parallel election tabulation, the firm can
6 post a performance bond equal to $1 for every registered
7 voter in that jurisdiction.
8 (3) An agreement to submit a response to the request
9 for proposal that shall limit the aggregate amount to be
10 paid the contractor to not more than (i) $75 per precinct
11 audited, (ii) $0.075 per ballot or paper record counted
12 and tallied at central counting locations, or (iii) both
13 (i) and (ii).
14 (4) A statement of performance secured by the
15 performance bond in item (2) that above the parallel
16 election tabulation and audit shall be completed and
17 public reports submitted within the time limitations set
18 forth in Section 17A-85.
19 (10 ILCS 5/17A-80 new)
20 Sec. 17A-80. Award. The public accounting firm awarded the
21 contract shall be granted access to any and all records of the
22 election, including, but not limited to, paper ballots,
23 portable computer memory devices from Direct Recording
24 Electronics, scanning devices, central count devices, paper
25 records, ballot generating software, counting and tabulation
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1 software, computer logs and error reports of all voting
2 machines and central tabulation devices, servers,
3 communications protocols, databases of all types including
4 registration databases, pollwatcher and election judge logs
5 and reports, and any other records deemed relevant to the
6 conduct of the election as the auditing entity shall deem
7 necessary and reasonable for the conduct of the parallel
8 election tabulation and audit.
9 (10 ILCS 5/17A-85 new)
10 Sec. 17A-85. Reports.
11 (a) The public accounting firm shall produce an initial
12 results report within 72 hours after the close of the polls
13 that shall examine and comment on at least, but not limited to,
14 the following:
15 (1) Whether proper procedures were used in the
16 compilation and tabulation of the 10% election day audit.
17 (2) Whether each voter's choices were accurately
18 summarized in the precinct or central count tallying.
19 (3) To the extent possible to determine from the
20 records available, that the central tabulation procedures,
21 equipment, and software functioned correctly and that the
22 totals reflected in the internal and public tabulation of
23 votes was consistent and accurate.
24 The auditing entity shall certify, with any exceptions
25 noted thereto, the tabulated results of each race or
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1 proposition of the election as being accurate to the extent
2 that the winner of each race or the prevailing result for each
3 proposition is correct. For each and every race for which the
4 auditing entity is unable to certify, it shall state the
5 reasons therefore, citing specific circumstances as to why it
6 is unable to certify the outcome.
7 (b) The public accounting firm shall produce an
8 operational report within 21 days after the close of the polls
9 that shall examine and comment on at least, but not limited to,
10 the following:
11 (1) Pre-election preparation including the compiling
12 and production of registration and eligible voter lists,
13 including printed ballot applications and voter records in
14 electronic poll books, and candidate, voter, and poll
15 worker accessible records of eligibility.
16 (2) Proper compiling and production of ballots, both
17 paper and electronic, as to completeness and accuracy for
18 each ballot style produced.
19 (3) Adequacy and completeness of training manuals,
20 election judge's manuals, voter instruction materials, and
21 other internal and public documents related to the
22 election.
23 (4) The election process during the time the polls
24 were open, including reports of machine failures, election
25 problems of all varieties, poll workers and pollwatchers,
26 reports in order to determine and express an opinion of
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1 the efficacy of the election process and to determine to
2 the extent possible that:
3 (A) All eligible voters were given an opportunity
4 to vote.
5 (B) Each voter received a proper and complete
6 ballot.
7 (C) Each voter's choices were properly recorded by
8 the electronic or mechanical machines used in the
9 voting process.
10 (b-5) The auditors of the parallel election tabulation
11 shall examine the processes used after the polls closed to
12 determine, to the extent possible from the records available,
13 if:
14 (1) All election materials were properly secured and
15 that a complete and unbroken chain of custody exists for
16 all election materials.
17 (2) In the case where election authorities gather
18 election results through electronic transmission, either
19 through land lines or wireless networks, the transmissions
20 were secure, reliable, and accurate.
21 (c) The auditing entity shall produce a report that
22 adequately describes all problems associated with the election
23 process and to the extent possible the causes of those
24 problems.
25 (d) To the extent possible within the time constraints
26 imposed by the 21-day requirement, the auditing entity shall
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1 include in its report recommendations for modifications to
2 procedures, equipment, or software that would eliminate
3 problems or improve the efficiency and accuracy of the process
4 in whatever stage examined or reported.
5 (10 ILCS 5/17A-90 new)
6 Sec. 17A-90. Availability and ownership of parallel
7 election tabulation and audit reports.
8 (a) The report of the auditing entity shall be public
9 property, in the public domain, and available to anyone upon
10 request and payment of a reasonable fee, subject to the
11 provisions of the Freedom of Information Act.
12 (b) If the election authority contracting for the parallel
13 election tabulation and audit report maintains a website, the
14 Report shall be posted on the publicly accessible portion of
15 the website in an appropriate format for downloading and
16 printing by the public.
17 (10 ILCS 5/17A-95 new)
18 Sec. 17A-95. Legal effect. The parallel election
19 tabulation and audit reports shall be deemed admissible as
20 evidence to the extent permitted by law in any action for
21 discovery or other recount.
22 (10 ILCS 5/17A-100 new)
23 Sec. 17A-100. Illinois Election Integrity Fund. The
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1 Illinois Election Integrity Fund is created as a special fund
2 in the State treasury. All voluntary citizen contributions
3 shall be deposited into the Fund. All moneys deposited into
4 the Fund shall be used by the Illinois Board of Elections to
5 administer this Fund and to use Fund proceeds for all required
6 election audits. Approximately $2,000,000 in funding shall be
7 required for the first election cycle covered under this Act.
8 The Department must print on its standard individual income
9 tax form a provision indicating that if the taxpayer wishes to
10 contribute to the Election Integrity Fund, he or she may do so
11 by stating the amount of the contribution on the return and
12 that the contribution will reduce the taxpayer's refund or
13 increase the amount of payment to accompany the return.
14 Failure to remit any amount of increase payment shall reduce
15 the contribution accordingly. This Section does not apply to
16 any amended return. All proceeds from voluntary taxpayer
17 checkoffs shall provide additional funding to cover the
18 administration of this Act and the costs of required election
19 audits.
20 (10 ILCS 5/24B-2)
21 Sec. 24B-2. Definitions. As used in this Article:
22 "Approved independent testing authority" means an
23 independent laboratory or authority certified by the federal
24 Election Assistance Commission.
25 "Computer", "automatic tabulating equipment" or
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1 "equipment" includes apparatus necessary to automatically
2 examine and count votes as designated on ballots, and data
3 processing machines which can be used for counting ballots and
4 tabulating results.
5 "Ballot" means paper ballot sheets.
6 "Ballot configuration" means the particular combination of
7 political subdivision ballots including, for each political
8 subdivision, the particular combination of offices, candidate
9 names and questions as it appears for each group of voters who
10 may cast the same ballot.
11 "Ballot sheet" means a paper ballot printed on one or both
12 sides which is (1) designed and prepared so that the voter may
13 indicate his or her votes in designated areas, which must be
14 areas clearly printed or otherwise delineated for such
15 purpose, and (2) capable of having votes marked in the
16 designated areas automatically examined, counted, and
17 tabulated by an electronic scanning process.
18 "Central counting" means the counting of ballots in one or
19 more locations selected by the election authority for the
20 processing or counting, or both, of ballots. A location for
21 central counting shall be within the territorial jurisdiction
22 of the election authority unless there is no suitable
23 tabulating equipment available within his territorial
24 jurisdiction. However, in any event a counting location shall
25 be within this State.
26 "Computer operator" means any person or persons designated
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1 by the election authority to operate the automatic tabulating
2 equipment during any portion of the vote tallying process in
3 an election, but shall not include judges of election
4 operating vote tabulating equipment in the precinct.
5 "Computer program" or "program" means the set of operating
6 instructions for the automatic tabulating equipment that
7 examines, counts, tabulates, canvasses and prints votes
8 recorded by a voter on a ballot.
9 "Edit listing" means a computer generated listing of the
10 names of each candidate and proposition as they appear in the
11 program for each precinct.
12 "Header sheet" means a data processing document which is
13 coded to indicate to the computer the precinct identity of the
14 ballots that will follow immediately and may indicate to the
15 computer how such ballots are to be tabulated.
16 "In-precinct counting" means the counting of ballots on
17 automatic tabulating equipment provided by the election
18 authority in the same precinct polling place in which those
19 ballots have been cast.
20 "Marking device" means a pen, computer, or other device
21 approved by the State Board of Elections for marking, or
22 causing to be marked, a paper ballot with ink or other
23 substance which will enable the ballot to be tabulated by
24 automatic tabulating equipment or by an electronic scanning
25 process.
26 "Precinct Tabulation Optical Scan Technology" means the
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1 capability to examine a ballot through electronic means and
2 tabulate the votes at one or more counting places.
3 "Redundant count" means a verification of the original
4 computer count by another count using compatible equipment or
5 by hand as part of a discovery recount.
6 "Security designation" means a printed designation placed
7 on a ballot to identify to the computer program the offices and
8 propositions for which votes may be cast and to indicate the
9 manner in which votes cast should be tabulated while negating
10 any inadmissible votes.
11 "Separate ballot", with respect to ballot sheets, means a
12 separate portion of the ballot sheet which is clearly defined
13 by a border or borders or shading.
14 "Specimen ballot" means a representation of names of
15 offices and candidates and statements of measures to be voted
16 on which will appear on the official ballot or marking device
17 on election day. The specimen ballot also contains the party
18 and position number where applicable.
19 "Voting defect identification" means the capability to
20 detect overvoted ballots or ballots which cannot be read by
21 the automatic tabulating equipment.
22 "Voting defects" means an overvoted ballot, or a ballot
23 which cannot be read by the automatic tabulating equipment.
24 "Voting system" or "electronic voting system" means that
25 combination of equipment and programs used in the casting,
26 examination and tabulation of ballots and the cumulation and
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1 reporting of results by electronic means.
2 (Source: P.A. 93-574, eff. 8-21-03.)
3 (10 ILCS 5/24B-16)
4 Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
5 Technology Voting Systems; Requisites. The State Board of
6 Elections shall approve all Precinct Tabulation Optical Scan
7 Technology voting systems provided by this Article that
8 fulfill the voluntary provisions and mandatory requirements of
9 the federal voting system standards pertaining to Precinct
10 Tabulation Optical Scan Technology voting systems promulgated
11 by the Federal Election Commission or the Election Assistance
12 Commission and that fulfill the testing requirements of an
13 approved independent testing authority.
14 No Precinct Tabulation Optical Scan Technology voting
15 system shall be approved unless it has been certified by the
16 Federal Election Commission or the Election Assistance
17 Commission and fulfills the following requirements:
18 (a) It enables a voter to vote in absolute secrecy;
19 (b) (Blank);
20 (c) It enables a voter to vote a ticket selected in
21 part from the nominees of one party, and in part from the
22 nominees of any or all parties, and in part from
23 independent candidates, and in part of candidates whose
24 names are written in by the voter;
25 (d) It enables a voter to vote a written or printed
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1 ticket of his or her own selection for any person for any
2 office for whom he or she may desire to vote;
3 (e) It will reject all votes for an office or upon a
4 proposition when the voter has cast more votes for the
5 office or upon the proposition than he or she is entitled
6 to cast;
7 (e-5) It will identify when a voter has not voted for
8 all statewide constitutional offices; and
9 (f) It will accommodate all propositions to be
10 submitted to the voters in the form provided by law or,
11 where no form is provided, then in brief form, not to
12 exceed 75 words.
13 The State Board of Elections shall not approve any voting
14 equipment or system that includes an external Infrared Data
15 Association (IrDA) communications port.
16 The State Board of Elections is authorized to withdraw its
17 approval of a Precinct Tabulation Optical Scan Technology
18 voting system if the system fails to fulfill the above
19 requirements.
20 The vendor, person, or other private entity shall be
21 solely responsible for the production and cost of: all
22 application fees; all ballots; additional temporary workers;
23 and other equipment or facilities needed and used in the
24 testing of the vendor's, person's, or other private entity's
25 respective equipment and software.
26 Any voting system vendor, person, or other private entity
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1 seeking the State Board of Elections' approval of a voting
2 system shall, as part of the approval application, submit to
3 the State Board a non-refundable fee. The State Board of
4 Elections by rule shall establish an appropriate fee
5 structure, taking into account the type of voting system
6 approval that is requested (such as approval of a new system, a
7 modification of an existing system, the size of the
8 modification, etc.). No voting system or modification of a
9 voting system shall be approved unless the fee is paid.
10 No vendor, person, or other entity may sell, lease, or
11 loan, or have a written contract, including a contract
12 contingent upon State Board approval of the voting system or
13 voting system component, to sell, lease, or loan, a voting
14 system or Precinct Tabulation Optical Scan Technology voting
15 system component to any election jurisdiction unless the
16 voting system or voting system component is first approved by
17 the State Board of Elections pursuant to this Section.
18 (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
19 (10 ILCS 5/24C-2)
20 Sec. 24C-2. Definitions. As used in this Article:
21 "Approved independent testing authority" means an
22 independent laboratory or authority certified by the federal
23 Election Assistance Commission.
24 "Audit trail" or "audit capacity" means a continuous trail
25 of evidence linking individual transactions related to the
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1 casting of a vote, the vote count and the summary record of
2 vote totals, but which shall not allow for the identification
3 of the voter. It shall permit verification of the accuracy of
4 the count and detection and correction of problems and shall
5 provide a record of each step taken in: defining and producing
6 ballots and generating related software for specific
7 elections; installing ballots and software; testing system
8 readiness; casting and tabulating ballots; and producing
9 images of votes cast and reports of vote totals. The record
10 shall incorporate system status and error messages generated
11 during election processing, including a log of machine
12 activities and routine and unusual intervention by authorized
13 and unauthorized individuals. Also part of an audit trail is
14 the documentation of such items as ballots delivered and
15 collected, administrative procedures for system security,
16 pre-election testing of voting systems, and maintenance
17 performed on voting equipment. All test plans, test results,
18 documentation, and other records used to plan, execute, and
19 record the results of the testing and verification, including
20 all material prepared or used by independent testing
21 authorities or other third parties, shall be made part of the
22 public record and shall be freely available via the Internet
23 and paper copy to anyone. "Audit trail" or "audit capacity"
24 also means that the voting system is capable of producing and
25 shall produce immediately after a ballot is cast a permanent
26 paper record of each ballot cast that shall be available as an
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1 official record for any recount, redundant count, or
2 verification or retabulation of the vote count conducted with
3 respect to any election in which the voting system is used.
4 "Ballot" means an electronic audio or video display or any
5 other medium, including paper, used to record a voter's
6 choices for the candidates of their preference and for or
7 against public questions.
8 "Ballot configuration" means the particular combination of
9 political subdivision or district ballots including, for each
10 political subdivision or district, the particular combination
11 of offices, candidate names and public questions as it appears
12 for each group of voters who may cast the same ballot.
13 "Ballot image" means a corresponding representation in
14 electronic or paper form of the mark or vote position of a
15 ballot.
16 "Ballot label" or "ballot screen" means the display of
17 material containing the names of offices and candidates and
18 public questions to be voted on.
19 "Central counting" means the counting of ballots in one or
20 more locations selected by the election authority for the
21 processing or counting, or both, of ballots. A location for
22 central counting shall be within the territorial jurisdiction
23 of the election authority unless there is no suitable
24 tabulating equipment available within his territorial
25 jurisdiction. However, in any event a counting location shall
26 be within this State.
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1 "Computer", "automatic tabulating equipment" or
2 "equipment" includes apparatus necessary to automatically
3 examine and count votes as designated on ballots, and data
4 processing machines which can be used for counting ballots and
5 tabulating results.
6 "Computer operator" means any person or persons designated
7 by the election authority to operate the automatic tabulating
8 equipment during any portion of the vote tallying process in
9 an election, but shall not include judges of election
10 operating vote tabulating equipment in the precinct.
11 "Computer program" or "program" means the set of operating
12 instructions for the automatic tabulating equipment that
13 examines, records, displays, counts, tabulates, canvasses, or
14 prints votes recorded by a voter on a ballot or that displays
15 any and all information, graphics, or other visual or audio
16 information or images used in presenting voting information,
17 instructions, or voter choices.
18 "Direct recording electronic voting system", "voting
19 system" or "system" means the total combination of mechanical,
20 electromechanical or electronic equipment, programs and
21 practices used to define ballots, cast and count votes, report
22 or display election results, maintain or produce any audit
23 trail information, identify all system components, test the
24 system during development, maintenance and operation, maintain
25 records of system errors and defects, determine specific
26 system changes to be made to a system after initial
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1 qualification, and make available any materials to the voter
2 such as notices, instructions, forms or paper ballots.
3 "Edit listing" means a computer generated listing of the
4 names of each candidate and public question as they appear in
5 the program for each precinct.
6 "In-precinct counting" means the recording and counting of
7 ballots on automatic tabulating equipment provided by the
8 election authority in the same precinct polling place in which
9 those ballots have been cast.
10 "Marking device" means any device approved by the State
11 Board of Elections for marking a ballot so as to enable the
12 ballot to be recorded, counted and tabulated by automatic
13 tabulating equipment.
14 "Permanent paper record" means a paper record upon which
15 shall be printed in human readable form the votes cast for each
16 candidate and for or against each public question on each
17 ballot recorded in the voting system. Each permanent paper
18 record shall be printed by the voting device upon activation
19 of the marking device by the voter and shall contain a unique,
20 randomly assigned identifying number that shall correspond to
21 the number randomly assigned by the voting system to each
22 ballot as it is electronically recorded.
23 "Redundant count" means a verification of the original
24 computer count of ballots by another count using compatible
25 equipment or other means as part of a discovery recount,
26 including a count of the permanent paper record of each ballot
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1 cast by using compatible equipment, different equipment
2 approved by the State Board of Elections for that purpose, or
3 by hand.
4 "Separate ballot" means a separate page or display screen
5 of the ballot that is clearly defined and distinguishable from
6 other portions of the ballot.
7 "Voting device" or "voting machine" means an apparatus
8 that contains the ballot label or ballot screen and allows the
9 voter to record his or her vote.
10 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
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 use in an the election
20 day, the election authority shall publicly test the Direct
21 Recording Electronic Voting System equipment and programs to
22 determine that they will correctly detect voting errors and
23 accurately count the votes legally cast for all offices and on
24 all public questions. Public notice of the time and place of
25 the test shall be given at least 48 hours before the test by
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1 publishing the notice in one or more newspapers within the
2 election jurisdiction of the election authority, if a
3 newspaper is published in that jurisdiction. If a newspaper is
4 not published in that jurisdiction, notice shall be published
5 in a newspaper of general circulation in that jurisdiction.
6 Timely written notice stating the date, time, and location of
7 the public test shall also be provided to the State Board of
8 Elections. The test shall be open to representatives of the
9 political parties, the press, representatives of the State
10 Board of Elections, and the public. The test shall be
11 conducted by entering a pre- audited group of votes designed
12 to record a predetermined number of valid votes for each
13 candidate and on each public question, and shall include for
14 each office one or more ballots having votes exceeding the
15 number allowed by law to test the ability of the automatic
16 tabulating equipment to reject the votes. The test shall also
17 include producing an edit listing. In those election
18 jurisdictions where in-precinct counting equipment is used, a
19 public test of both the equipment and program shall be
20 conducted as nearly as possible in the manner prescribed
21 above. The State Board of Elections may select as many
22 election jurisdictions as the Board deems advisable in the
23 interests of the election process of this State, to order a
24 special test of the automatic tabulating equipment and program
25 before any regular election. The Board may order a special
26 test in any election jurisdiction where, during the preceding
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1 12 months, computer programming errors or other errors in the
2 use of System resulted in vote tabulation errors. Not less
3 than 30 days before any election, the State Board of Elections
4 shall provide written notice to those selected jurisdictions
5 of their intent to conduct a test. Within 5 days of receipt of
6 the State Board of Elections' written notice of intent to
7 conduct a test, the selected jurisdictions shall forward to
8 the principal office of the State Board of Elections a copy of
9 all specimen ballots. The State Board of Elections' tests
10 shall be conducted and completed not less than 2 days before
11 the public test and under the supervision of the Board. The
12 vendor, person, or other private entity shall be solely
13 responsible for the production and cost of: all ballots;
14 additional temporary workers; and other equipment or
15 facilities needed and used in the testing of the vendor's,
16 person's, or other private entity's respective equipment and
17 software. After an errorless test, materials used in the
18 public test, including the program, if appropriate, shall be
19 sealed and remain sealed until the test is run again on
20 election day. If any error is detected, the cause of the error
21 shall be determined and corrected, and an errorless public
22 test shall be made before the automatic tabulating equipment
23 is approved. Each election authority shall file a sealed copy
24 of each tested program to be used within its jurisdiction at an
25 election with the State Board of Elections before the
26 election. The Board shall secure the program or programs of
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1 each election jurisdiction so filed in its office until the
2 next election of the same type (general primary, general
3 election, consolidated primary, or consolidated election) for
4 which the program or programs were filed. At the expiration of
5 that time, if no election contest or appeal is pending in an
6 election jurisdiction, the Board shall destroy the sealed
7 program or programs. Except where in-precinct counting
8 equipment is used, the test shall be repeated immediately
9 before the start of the official counting of the ballots, in
10 the same manner as set forth above. After the completion of the
11 count, the test shall be re-run using the same program.
12 Immediately after the re-run, all material used in testing the
13 program and the programs shall be sealed and retained under
14 the custody of the election authority for a period of 60 days.
15 At the expiration of that time the election authority shall
16 destroy the voted ballots, together with all unused ballots
17 returned from the precincts. Provided, if any contest of
18 election is pending at the time in which the ballots may be
19 required as evidence and the election authority has notice of
20 the contest, the same shall not be destroyed until after the
21 contest is finally determined. If the use of back-up equipment
22 becomes necessary, the same testing required for the original
23 equipment shall be conducted.
24 (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
25 (10 ILCS 5/24C-16)
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1 Sec. 24C-16. Approval of Direct Recording Electronic
2 Voting Systems; Requisites. The State Board of Elections
3 shall approve all Direct Recording Electronic Voting Systems
4 that fulfill the functional requirements provided by Section
5 24C-11 of this Code, voluntary provisions and the mandatory
6 requirements of the federal voting system standards pertaining
7 to Direct Recording Electronic Voting Systems promulgated by
8 the Federal Election Commission or the Election Assistance
9 Commission, the testing requirements of an approved
10 independent testing authority and the rules of the State Board
11 of Elections.
12 The State Board of Elections shall not approve any Direct
13 Recording Electronic Voting System that (i) has not been
14 certified by the Federal Election Commission or the Election
15 Assistance Commission or (ii) includes an external Infrared
16 Data Association (IrDA) communications port.
17 The State Board of Elections is authorized to withdraw its
18 approval of a Direct Recording Electronic Voting System if the
19 System, once approved, fails to fulfill the above
20 requirements.
21 The vendor, person, or other private entity shall be
22 solely responsible for the production and cost of: all
23 application fees; all ballots; additional temporary workers;
24 and other equipment or facilities needed and used in the
25 testing of the vendor's, person's, or other private entity's
26 respective equipment and software.
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1 Any voting system vendor, person, or other private entity
2 seeking the State Board of Elections' approval of a voting
3 system shall, as part of the approval application, submit to
4 the State Board a non-refundable fee. The State Board of
5 Elections by rule shall establish an appropriate fee
6 structure, taking into account the type of voting system
7 approval that is requested (such as approval of a new system, a
8 modification of an existing system, the size of the
9 modification, etc.). No voting system or modification of a
10 voting system shall be approved unless the fee is paid.
11 No vendor, person, or other entity may sell, lease, or
12 loan, or have a written contract, including a contract
13 contingent upon State Board approval of the voting system or
14 voting system component, to sell, lease, or loan, a Direct
15 Recording Electronic Voting System or system component to any
16 election jurisdiction unless the system or system component is
17 first approved by the State Board of Elections pursuant to
18 this Section.
19 (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
20 Section 10. The State Finance Act is amended by adding
21 Section 5.990 as follows:
22 (30 ILCS 105/5.990 new)
23 Sec. 5.990. The Election Integrity Fund.
HB2555- 32 -LRB103 30254 BMS 56682 b 1 INDEX 2 Statutes amended in order of appearance 3 10 ILCS 5/19A-754 10 ILCS 5/Art. 17A heading 5 new6 10 ILCS 5/17A-5 new7 10 ILCS 5/17A-10 new8 10 ILCS 5/17A-15 new9 10 ILCS 5/17A-20 new10 10 ILCS 5/17A-25 new11 10 ILCS 5/17A-30 new12 10 ILCS 5/17A-35 new13 10 ILCS 5/17A-40 new14 10 ILCS 5/17A-45 new15 10 ILCS 5/17A-50 new16 10 ILCS 5/17A-55 new17 10 ILCS 5/17A-60 new18 10 ILCS 5/17A-65 new19 10 ILCS 5/17A-70 new20 10 ILCS 5/17A-75 new21 10 ILCS 5/17A-80 new22 10 ILCS 5/17A-85 new23 10 ILCS 5/17A-90 new24 10 ILCS 5/17A-95 new25 10 ILCS 5/17A-100 new HB2555- 33 -LRB103 30254 BMS 56682 b HB2555- 32 -LRB103 30254 BMS 56682 b HB2555 - 32 - LRB103 30254 BMS 56682 b 1 INDEX 2 Statutes amended in order of appearance 3 10 ILCS 5/19A-75 4 10 ILCS 5/Art. 17A heading 5 new 6 10 ILCS 5/17A-5 new 7 10 ILCS 5/17A-10 new 8 10 ILCS 5/17A-15 new 9 10 ILCS 5/17A-20 new 10 10 ILCS 5/17A-25 new 11 10 ILCS 5/17A-30 new 12 10 ILCS 5/17A-35 new 13 10 ILCS 5/17A-40 new 14 10 ILCS 5/17A-45 new 15 10 ILCS 5/17A-50 new 16 10 ILCS 5/17A-55 new 17 10 ILCS 5/17A-60 new 18 10 ILCS 5/17A-65 new 19 10 ILCS 5/17A-70 new 20 10 ILCS 5/17A-75 new 21 10 ILCS 5/17A-80 new 22 10 ILCS 5/17A-85 new 23 10 ILCS 5/17A-90 new 24 10 ILCS 5/17A-95 new 25 10 ILCS 5/17A-100 new HB2555- 33 -LRB103 30254 BMS 56682 b HB2555 - 33 - LRB103 30254 BMS 56682 b
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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/19A-75
4 10 ILCS 5/Art. 17A heading
5 new
6 10 ILCS 5/17A-5 new
7 10 ILCS 5/17A-10 new
8 10 ILCS 5/17A-15 new
9 10 ILCS 5/17A-20 new
10 10 ILCS 5/17A-25 new
11 10 ILCS 5/17A-30 new
12 10 ILCS 5/17A-35 new
13 10 ILCS 5/17A-40 new
14 10 ILCS 5/17A-45 new
15 10 ILCS 5/17A-50 new
16 10 ILCS 5/17A-55 new
17 10 ILCS 5/17A-60 new
18 10 ILCS 5/17A-65 new
19 10 ILCS 5/17A-70 new
20 10 ILCS 5/17A-75 new
21 10 ILCS 5/17A-80 new
22 10 ILCS 5/17A-85 new
23 10 ILCS 5/17A-90 new
24 10 ILCS 5/17A-95 new
25 10 ILCS 5/17A-100 new
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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/19A-75
4 10 ILCS 5/Art. 17A heading
5 new
6 10 ILCS 5/17A-5 new
7 10 ILCS 5/17A-10 new
8 10 ILCS 5/17A-15 new
9 10 ILCS 5/17A-20 new
10 10 ILCS 5/17A-25 new
11 10 ILCS 5/17A-30 new
12 10 ILCS 5/17A-35 new
13 10 ILCS 5/17A-40 new
14 10 ILCS 5/17A-45 new
15 10 ILCS 5/17A-50 new
16 10 ILCS 5/17A-55 new
17 10 ILCS 5/17A-60 new
18 10 ILCS 5/17A-65 new
19 10 ILCS 5/17A-70 new
20 10 ILCS 5/17A-75 new
21 10 ILCS 5/17A-80 new
22 10 ILCS 5/17A-85 new
23 10 ILCS 5/17A-90 new
24 10 ILCS 5/17A-95 new
25 10 ILCS 5/17A-100 new
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