Illinois 2025-2026 Regular Session

Illinois House Bill HB1313 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1313 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. LRB104 08031 SPS 18077 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1313 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. LRB104 08031 SPS 18077 b LRB104 08031 SPS 18077 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1313 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
33 See Index See Index
44 See Index
55 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.
66 LRB104 08031 SPS 18077 b LRB104 08031 SPS 18077 b
77 LRB104 08031 SPS 18077 b
88 A BILL FOR
99 HB1313LRB104 08031 SPS 18077 b HB1313 LRB104 08031 SPS 18077 b
1010 HB1313 LRB104 08031 SPS 18077 b
1111 1 AN ACT concerning elections.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be referred to as the
1515 5 Illinois Election Integrity Act.
1616 6 Section 5. The Election Code is amended by changing
1717 7 Sections 19A-75, 24B-2, 24B-16, 24C-2, 24C-9, and 24C-16 and
1818 8 by adding Article 17A as follows:
1919 9 (10 ILCS 5/19A-75)
2020 10 Sec. 19A-75. Early voting in jurisdictions using Direct
2121 11 Recording Electronic Voting Systems under Article 24C.
2222 12 Election authorities that have adopted for use Direct
2323 13 Recording Electronic Voting Systems under Article 24C may (i)
2424 14 either use those voting systems to conduct early voting,
2525 15 provided that each early voting polling place shall have
2626 16 available sufficient paper ballots for those voters who
2727 17 request them, consistent with the limitations set forth in
2828 18 subsection (b) of Section 19A-10, or (ii) , so long as at least
2929 19 one Direct Recording Electronic Voting System device is
3030 20 available at each early voting polling place, use whatever
3131 21 method the election authority uses for vote by mail balloting;
3232 22 provided that no early ballots are counted before the polls
3333
3434
3535
3636 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1313 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
3737 See Index See Index
3838 See Index
3939 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.
4040 LRB104 08031 SPS 18077 b LRB104 08031 SPS 18077 b
4141 LRB104 08031 SPS 18077 b
4242 A BILL FOR
4343
4444
4545
4646
4747
4848 See Index
4949
5050
5151
5252 LRB104 08031 SPS 18077 b
5353
5454
5555
5656
5757
5858
5959
6060
6161
6262 HB1313 LRB104 08031 SPS 18077 b
6363
6464
6565 HB1313- 2 -LRB104 08031 SPS 18077 b HB1313 - 2 - LRB104 08031 SPS 18077 b
6666 HB1313 - 2 - LRB104 08031 SPS 18077 b
6767 1 close on election day.
6868 2 (Source: P.A. 98-1171, eff. 6-1-15.)
6969 3 (10 ILCS 5/Art. 17A heading new)
7070 4 ARTICLE 17A. AUDITS
7171 5 (10 ILCS 5/17A-5 new)
7272 6 Sec. 17A-5. Election day audit. There shall be conducted
7373 7 a 10% election day audit of all votes cast for each designated
7474 8 race or proposition on election day.
7575 9 (10 ILCS 5/17A-10 new)
7676 10 Sec. 17A-10. Scope of the audit. The 10% audit shall be
7777 11 conducted for all races or propositions that meet the
7878 12 following criteria:
7979 13 (1) all statewide offices and propositions;
8080 14 (2) all countywide offices and propositions;
8181 15 (3) all federal races; and
8282 16 (4) any municipal or other political sub-division or
8383 17 taxing entity races where the number of registered voters
8484 18 eligible to vote on that race or proposition exceeds
8585 19 50,000 voters.
8686 20 (10 ILCS 5/17A-15 new)
8787 21 Sec. 17A-15. Time and place of the audit. The 10% audits
8888 22 shall take place on election day as soon as practicable after
8989
9090
9191
9292
9393
9494 HB1313 - 2 - LRB104 08031 SPS 18077 b
9595
9696
9797 HB1313- 3 -LRB104 08031 SPS 18077 b HB1313 - 3 - LRB104 08031 SPS 18077 b
9898 HB1313 - 3 - LRB104 08031 SPS 18077 b
9999 1 the close of the polls and shall take place at the location
100100 2 where votes are originally counted (in-precinct for all votes
101101 3 cast on election day and at the central counting location for
102102 4 early voting, grace, and absentee ballots), provided that the
103103 5 10% hand count shall be subordinate to and not interfere with
104104 6 the reporting of election results.
105105 7 (10 ILCS 5/17A-20 new)
106106 8 Sec. 17A-20. Conduct. The election day audit shall be
107107 9 conducted by election judges selected and appointed in the
108108 10 same manner as set forth in Sections 13-1, 13-2, 14-1, 14-2,
109109 11 and 14-3 of this Code. Election authorities may implement the
110110 12 appointment of part-time judges, job-sharing, split shifts, or
111111 13 other methods of allocating election judge resources to ensure
112112 14 that sufficient judges are available to conduct the election
113113 15 day audits in a timely and efficient manner.
114114 16 (10 ILCS 5/17A-25 new)
115115 17 Sec. 17A-25. Random selection of ballots to be examined.
116116 18 (a) The election authority shall provide to each polling
117117 19 place, precinct, or central counting location as appropriate
118118 20 one set of 10 plastic disks, each imprinted on one or both
119119 21 sides with a number from 1 to 10. Each disk shall have one such
120120 22 number imprinted, with the same number on each side, and no 2
121121 23 disks shall have the same number. In addition, a suitable
122122 24 opaque container shall be provided sufficient to contain the
123123
124124
125125
126126
127127
128128 HB1313 - 3 - LRB104 08031 SPS 18077 b
129129
130130
131131 HB1313- 4 -LRB104 08031 SPS 18077 b HB1313 - 4 - LRB104 08031 SPS 18077 b
132132 HB1313 - 4 - LRB104 08031 SPS 18077 b
133133 1 set.
134134 2 (b) After the close of the polls and prior to the
135135 3 commencement of the election day audit, the election judges
136136 4 present shall select one of their number to place the numbered
137137 5 disk in the container and shake the container sufficiently so
138138 6 that the disks shall be in random order. The judges shall
139139 7 select another of their number to select one such disk from the
140140 8 container in such a manner that the selecting judge has no
141141 9 knowledge of which disk he or she is selecting. The disk drawn
142142 10 from the container shall be examined and the number of the disk
143143 11 chosen publicly announced. That result shall indicate which
144144 12 ballots are to be examined, e.g. a result of 7 shall require
145145 13 that the seventh and every tenth ballot thereafter be examined
146146 14 (7, 17, 27, etc.). The result of the drawing shall be recorded
147147 15 on the summary report section set forth in Section 17A-35.
148148 16 (10 ILCS 5/17A-30 new)
149149 17 Sec. 17A-30. Ballots or paper records to be examined.
150150 18 (a) The election authority shall provide to each polling
151151 19 place, precinct, or central counting location as appropriate
152152 20 one self-inked consecutive numbering stamp capable of
153153 21 numbering from 1 to 999,999.
154154 22 (b) All paper ballots shall be placed in a single stack in
155155 23 a random order as retrieved from the ballot boxes and each
156156 24 ballot shall be stamped with a consecutive number, starting
157157 25 with the number 1 until all ballots have been numbered.
158158
159159
160160
161161
162162
163163 HB1313 - 4 - LRB104 08031 SPS 18077 b
164164
165165
166166 HB1313- 5 -LRB104 08031 SPS 18077 b HB1313 - 5 - LRB104 08031 SPS 18077 b
167167 HB1313 - 5 - LRB104 08031 SPS 18077 b
168168 1 (c) The starting number and tenth ballot thereafter shall
169169 2 be examined in accordance with the selection number resulting
170170 3 from the operation of Section 17A-25.
171171 4 (d) For paper records printed by Direct Recording
172172 5 Electronic voting machines, the paper records shall be
173173 6 examined in the order printed on the Direct Recording
174174 7 Electronic-produced paper records selecting each starting and
175175 8 tenth paper record thereafter in accordance with the selection
176176 9 number resulting from the operation of Section 17A-25.
177177 10 (e) For paper records printed by Direct Recording
178178 11 Electronic voting machines, only the human-readable portion of
179179 12 the paper record shall be used in the election day audit. The
180180 13 use of bar codes or other human unreadable records of votes
181181 14 shall not be permitted.
182182 15 (10 ILCS 5/17A-35 new)
183183 16 Sec. 17A-35. Reports.
184184 17 (a) Prior to election day, the appropriate election
185185 18 authority shall cause to be created and printed an audit
186186 19 summary form that shall state the races and propositions to be
187187 20 audited in accordance with Section 17A-10 and shall have
188188 21 pre-printed spaces, boxes, or both in which the results of the
189189 22 election day audit shall be recorded. This form shall also
190190 23 include a reconciliation of all ballots counted by category,
191191 24 such as provisional, federal only, standard, etc., and shall
192192 25 be provided in sufficient number to all auditing locations to
193193
194194
195195
196196
197197
198198 HB1313 - 5 - LRB104 08031 SPS 18077 b
199199
200200
201201 HB1313- 6 -LRB104 08031 SPS 18077 b HB1313 - 6 - LRB104 08031 SPS 18077 b
202202 HB1313 - 6 - LRB104 08031 SPS 18077 b
203203 1 facilitate the required distribution.
204204 2 (b) Upon completion of the audit, 6 copies of the election
205205 3 day audit summary shall be signed by all the judges
206206 4 participating in the election day audit and shall be
207207 5 distributed as follows:
208208 6 (1) One copy shall be posted in the polling or
209209 7 counting location in a manner that the election day audit
210210 8 summary is clearly visible and available for public
211211 9 inspection for a period of not less than one hour.
212212 10 (2) Two copies shall be placed in the ballot box or
213213 11 designated envelope or envelopes and transported to the
214214 12 election authority in the same manner as ballots.
215215 13 (3) Three copies shall be made available on request to
216216 14 pollwatchers or members of the public in that order of
217217 15 preference.
218218 16 (4) Pollwatchers and other observers in the polls may
219219 17 take photographs of the posted copies without restriction.
220220 18 (c) The audit reports from all in-precinct and central
221221 19 counting locations shall be received by the election authority
222222 20 and a consolidated report shall be prepared. The consolidated
223223 21 reports shall be published by the election authority within 24
224224 22 hours after the closing of the polls, and the authorities
225225 23 shall certify the election day audit results and maintain both
226226 24 consolidated and individual location reports in the same
227227 25 manner and for the same period of time as ballots, except that
228228 26 copies of consolidated and individual location reports shall
229229
230230
231231
232232
233233
234234 HB1313 - 6 - LRB104 08031 SPS 18077 b
235235
236236
237237 HB1313- 7 -LRB104 08031 SPS 18077 b HB1313 - 7 - LRB104 08031 SPS 18077 b
238238 HB1313 - 7 - LRB104 08031 SPS 18077 b
239239 1 be available to the public upon request. If that election
240240 2 authority maintains a public website, then the copies shall
241241 3 also be made freely available to the public via the Internet
242242 4 for a period of not less than 60 days.
243243 5 (d) The certified consolidated and individual location
244244 6 reports shall be deemed admissible as evidence to the extent
245245 7 permitted by law in any action for discovery or other recount.
246246 8 (10 ILCS 5/17A-40 new)
247247 9 Sec. 17A-40. Parallel, independent audits. There shall be
248248 10 conducted an independent parallel tabulation and audit for
249249 11 each race or proposition in every election.
250250 12 (10 ILCS 5/17A-45 new)
251251 13 Sec. 17A-45. Authority. Each election authority shall be
252252 14 empowered on behalf of all voters in that jurisdiction to
253253 15 contract for, employ, or both contract for and employ one or
254254 16 more independent auditors to conduct a parallel count and
255255 17 tabulation of the results of every election conducted by the
256256 18 election authority for every race and proposition in the
257257 19 election.
258258 20 (10 ILCS 5/17A-50 new)
259259 21 Sec. 17A-50. Independent election audit committee. Each
260260 22 election authority shall cause to be constituted an
261261 23 independent election audit committee of not less than 5
262262
263263
264264
265265
266266
267267 HB1313 - 7 - LRB104 08031 SPS 18077 b
268268
269269
270270 HB1313- 8 -LRB104 08031 SPS 18077 b HB1313 - 8 - LRB104 08031 SPS 18077 b
271271 HB1313 - 8 - LRB104 08031 SPS 18077 b
272272 1 members, that shall have as its primary duties: (1) the
273273 2 preparation of a request for proposal for the parallel
274274 3 election tabulation and audit and (2) the selection of the
275275 4 independent auditor or auditors to perform such audit.
276276 5 (10 ILCS 5/17A-55 new)
277277 6 Sec. 17A-55. Time of convening. The election audit
278278 7 committee for each jurisdiction shall convene at least 120
279279 8 days prior to election day and meet thereafter as often as
280280 9 shall be deemed necessary and proper by its membership.
281281 10 (10 ILCS 5/17A-60 new)
282282 11 Sec. 17A-60. Committee composition. The election audit
283283 12 committee shall consist of the following members:
284284 13 (1) One member appointed by each political party that
285285 14 shall have had a candidate for jurisdiction-wide public
286286 15 office in that jurisdiction on the ballot for the previous
287287 16 general election, provided that the party shall have had
288288 17 at least one candidate who received 10% of the ballots
289289 18 cast in that election.
290290 19 (2) Two members appointed by the election authority
291291 20 for the jurisdiction.
292292 21 (3) One election judge from each of the political
293293 22 parties qualifying under paragraph (1) who has served as
294294 23 an election judge in the most recent election conducted in
295295 24 that jurisdiction and at least 2 previous elections. The
296296
297297
298298
299299
300300
301301 HB1313 - 8 - LRB104 08031 SPS 18077 b
302302
303303
304304 HB1313- 9 -LRB104 08031 SPS 18077 b HB1313 - 9 - LRB104 08031 SPS 18077 b
305305 HB1313 - 9 - LRB104 08031 SPS 18077 b
306306 1 election judge members shall be selected by lot from among
307307 2 the pool of available judges from the most recent election
308308 3 conducted in that jurisdiction.
309309 4 (10 ILCS 5/17A-65 new)
310310 5 Sec. 17A-65. Request for proposal. Each election authority
311311 6 shall issue a request for proposal for a parallel election
312312 7 tabulation and audit as prepared by the independent election
313313 8 audit committee not less than 90 days before election day. The
314314 9 proposals shall be examined and reviewed by the election audit
315315 10 committee, and the election authority (or other governmental
316316 11 body with appropriation and contracting authority for the
317317 12 jurisdiction) shall award the contract for the audit not less
318318 13 than 45 days before each election.
319319 14 (10 ILCS 5/17A-70 new)
320320 15 Sec. 17A-70. Funding. The public accounting firm
321321 16 conducting the parallel election tabulation and audit shall be
322322 17 paid from public funds appropriated by each election
323323 18 jurisdiction and designated for that purposes.
324324 19 (10 ILCS 5/17A-75 new)
325325 20 Sec. 17A-75. Contractor qualifications. To qualify to
326326 21 submit a proposal, a potential parallel election tabulation
327327 22 and audit contractor shall include in its response to the
328328 23 request for proposal:
329329
330330
331331
332332
333333
334334 HB1313 - 9 - LRB104 08031 SPS 18077 b
335335
336336
337337 HB1313- 10 -LRB104 08031 SPS 18077 b HB1313 - 10 - LRB104 08031 SPS 18077 b
338338 HB1313 - 10 - LRB104 08031 SPS 18077 b
339339 1 (1) Evidence that it is a public accounting firm
340340 2 licensed by the State of Illinois to perform financial
341341 3 audits.
342342 4 (2) Provide evidence that upon awarding of a contract
343343 5 to conduct the parallel election tabulation, the firm can
344344 6 post a performance bond equal to $1 for every registered
345345 7 voter in that jurisdiction.
346346 8 (3) An agreement to submit a response to the request
347347 9 for proposal that shall limit the aggregate amount to be
348348 10 paid the contractor to not more than (i) $75 per precinct
349349 11 audited, (ii) $0.075 per ballot or paper record counted
350350 12 and tallied at central counting locations, or (iii) both
351351 13 (i) and (ii).
352352 14 (4) A statement of performance secured by the
353353 15 performance bond in item (2) that above the parallel
354354 16 election tabulation and audit shall be completed and
355355 17 public reports submitted within the time limitations set
356356 18 forth in Section 17A-85.
357357 19 (10 ILCS 5/17A-80 new)
358358 20 Sec. 17A-80. Award. The public accounting firm awarded the
359359 21 contract shall be granted access to any and all records of the
360360 22 election, including, but not limited to, paper ballots,
361361 23 portable computer memory devices from Direct Recording
362362 24 Electronics, scanning devices, central count devices, paper
363363 25 records, ballot generating software, counting and tabulation
364364
365365
366366
367367
368368
369369 HB1313 - 10 - LRB104 08031 SPS 18077 b
370370
371371
372372 HB1313- 11 -LRB104 08031 SPS 18077 b HB1313 - 11 - LRB104 08031 SPS 18077 b
373373 HB1313 - 11 - LRB104 08031 SPS 18077 b
374374 1 software, computer logs and error reports of all voting
375375 2 machines and central tabulation devices, servers,
376376 3 communications protocols, databases of all types including
377377 4 registration databases, pollwatcher and election judge logs
378378 5 and reports, and any other records deemed relevant to the
379379 6 conduct of the election as the auditing entity shall deem
380380 7 necessary and reasonable for the conduct of the parallel
381381 8 election tabulation and audit.
382382 9 (10 ILCS 5/17A-85 new)
383383 10 Sec. 17A-85. Reports.
384384 11 (a) The public accounting firm shall produce an initial
385385 12 results report within 72 hours after the close of the polls
386386 13 that shall examine and comment on at least, but not limited to,
387387 14 the following:
388388 15 (1) Whether proper procedures were used in the
389389 16 compilation and tabulation of the 10% election day audit.
390390 17 (2) Whether each voter's choices were accurately
391391 18 summarized in the precinct or central count tallying.
392392 19 (3) To the extent possible to determine from the
393393 20 records available, that the central tabulation procedures,
394394 21 equipment, and software functioned correctly and that the
395395 22 totals reflected in the internal and public tabulation of
396396 23 votes was consistent and accurate.
397397 24 The auditing entity shall certify, with any exceptions
398398 25 noted thereto, the tabulated results of each race or
399399
400400
401401
402402
403403
404404 HB1313 - 11 - LRB104 08031 SPS 18077 b
405405
406406
407407 HB1313- 12 -LRB104 08031 SPS 18077 b HB1313 - 12 - LRB104 08031 SPS 18077 b
408408 HB1313 - 12 - LRB104 08031 SPS 18077 b
409409 1 proposition of the election as being accurate to the extent
410410 2 that the winner of each race or the prevailing result for each
411411 3 proposition is correct. For each and every race for which the
412412 4 auditing entity is unable to certify, it shall state the
413413 5 reasons therefore, citing specific circumstances as to why it
414414 6 is unable to certify the outcome.
415415 7 (b) The public accounting firm shall produce an
416416 8 operational report within 21 days after the close of the polls
417417 9 that shall examine and comment on at least, but not limited to,
418418 10 the following:
419419 11 (1) Pre-election preparation including the compiling
420420 12 and production of registration and eligible voter lists,
421421 13 including printed ballot applications and voter records in
422422 14 electronic poll books, and candidate, voter, and poll
423423 15 worker accessible records of eligibility.
424424 16 (2) Proper compiling and production of ballots, both
425425 17 paper and electronic, as to completeness and accuracy for
426426 18 each ballot style produced.
427427 19 (3) Adequacy and completeness of training manuals,
428428 20 election judge's manuals, voter instruction materials, and
429429 21 other internal and public documents related to the
430430 22 election.
431431 23 (4) The election process during the time the polls
432432 24 were open, including reports of machine failures, election
433433 25 problems of all varieties, poll workers and pollwatchers,
434434 26 reports in order to determine and express an opinion of
435435
436436
437437
438438
439439
440440 HB1313 - 12 - LRB104 08031 SPS 18077 b
441441
442442
443443 HB1313- 13 -LRB104 08031 SPS 18077 b HB1313 - 13 - LRB104 08031 SPS 18077 b
444444 HB1313 - 13 - LRB104 08031 SPS 18077 b
445445 1 the efficacy of the election process and to determine to
446446 2 the extent possible that:
447447 3 (A) All eligible voters were given an opportunity
448448 4 to vote.
449449 5 (B) Each voter received a proper and complete
450450 6 ballot.
451451 7 (C) Each voter's choices were properly recorded by
452452 8 the electronic or mechanical machines used in the
453453 9 voting process.
454454 10 (b-5) The auditors of the parallel election tabulation
455455 11 shall examine the processes used after the polls closed to
456456 12 determine, to the extent possible from the records available,
457457 13 if:
458458 14 (1) All election materials were properly secured and
459459 15 that a complete and unbroken chain of custody exists for
460460 16 all election materials.
461461 17 (2) In the case where election authorities gather
462462 18 election results through electronic transmission, either
463463 19 through land lines or wireless networks, the transmissions
464464 20 were secure, reliable, and accurate.
465465 21 (c) The auditing entity shall produce a report that
466466 22 adequately describes all problems associated with the election
467467 23 process and to the extent possible the causes of those
468468 24 problems.
469469 25 (d) To the extent possible within the time constraints
470470 26 imposed by the 21-day requirement, the auditing entity shall
471471
472472
473473
474474
475475
476476 HB1313 - 13 - LRB104 08031 SPS 18077 b
477477
478478
479479 HB1313- 14 -LRB104 08031 SPS 18077 b HB1313 - 14 - LRB104 08031 SPS 18077 b
480480 HB1313 - 14 - LRB104 08031 SPS 18077 b
481481 1 include in its report recommendations for modifications to
482482 2 procedures, equipment, or software that would eliminate
483483 3 problems or improve the efficiency and accuracy of the process
484484 4 in whatever stage examined or reported.
485485 5 (10 ILCS 5/17A-90 new)
486486 6 Sec. 17A-90. Availability and ownership of parallel
487487 7 election tabulation and audit reports.
488488 8 (a) The report of the auditing entity shall be public
489489 9 property, in the public domain, and available to anyone upon
490490 10 request and payment of a reasonable fee, subject to the
491491 11 provisions of the Freedom of Information Act.
492492 12 (b) If the election authority contracting for the parallel
493493 13 election tabulation and audit report maintains a website, the
494494 14 Report shall be posted on the publicly accessible portion of
495495 15 the website in an appropriate format for downloading and
496496 16 printing by the public.
497497 17 (10 ILCS 5/17A-95 new)
498498 18 Sec. 17A-95. Legal effect. The parallel election
499499 19 tabulation and audit reports shall be deemed admissible as
500500 20 evidence to the extent permitted by law in any action for
501501 21 discovery or other recount.
502502 22 (10 ILCS 5/17A-100 new)
503503 23 Sec. 17A-100. Illinois Election Integrity Fund. The
504504
505505
506506
507507
508508
509509 HB1313 - 14 - LRB104 08031 SPS 18077 b
510510
511511
512512 HB1313- 15 -LRB104 08031 SPS 18077 b HB1313 - 15 - LRB104 08031 SPS 18077 b
513513 HB1313 - 15 - LRB104 08031 SPS 18077 b
514514 1 Illinois Election Integrity Fund is created as a special fund
515515 2 in the State treasury. All voluntary citizen contributions
516516 3 shall be deposited into the Fund. All moneys deposited into
517517 4 the Fund shall be used by the Illinois Board of Elections to
518518 5 administer this Fund and to use Fund proceeds for all required
519519 6 election audits. Approximately $2,000,000 in funding shall be
520520 7 required for the first election cycle covered under this Act.
521521 8 The Department must print on its standard individual income
522522 9 tax form a provision indicating that if the taxpayer wishes to
523523 10 contribute to the Election Integrity Fund, he or she may do so
524524 11 by stating the amount of the contribution on the return and
525525 12 that the contribution will reduce the taxpayer's refund or
526526 13 increase the amount of payment to accompany the return.
527527 14 Failure to remit any amount of increase payment shall reduce
528528 15 the contribution accordingly. This Section does not apply to
529529 16 any amended return. All proceeds from voluntary taxpayer
530530 17 checkoffs shall provide additional funding to cover the
531531 18 administration of this Act and the costs of required election
532532 19 audits.
533533 20 (10 ILCS 5/24B-2)
534534 21 Sec. 24B-2. Definitions. As used in this Article:
535535 22 "Approved independent testing authority" means an
536536 23 independent laboratory or authority certified by the federal
537537 24 Election Assistance Commission.
538538 25 "Computer", "automatic tabulating equipment" or
539539
540540
541541
542542
543543
544544 HB1313 - 15 - LRB104 08031 SPS 18077 b
545545
546546
547547 HB1313- 16 -LRB104 08031 SPS 18077 b HB1313 - 16 - LRB104 08031 SPS 18077 b
548548 HB1313 - 16 - LRB104 08031 SPS 18077 b
549549 1 "equipment" includes apparatus necessary to automatically
550550 2 examine and count votes as designated on ballots, and data
551551 3 processing machines which can be used for counting ballots and
552552 4 tabulating results.
553553 5 "Ballot" means paper ballot sheets.
554554 6 "Ballot configuration" means the particular combination of
555555 7 political subdivision ballots including, for each political
556556 8 subdivision, the particular combination of offices, candidate
557557 9 names and questions as it appears for each group of voters who
558558 10 may cast the same ballot.
559559 11 "Ballot sheet" means a paper ballot printed on one or both
560560 12 sides which is (1) designed and prepared so that the voter may
561561 13 indicate his or her votes in designated areas, which must be
562562 14 areas clearly printed or otherwise delineated for such
563563 15 purpose, and (2) capable of having votes marked in the
564564 16 designated areas automatically examined, counted, and
565565 17 tabulated by an electronic scanning process.
566566 18 "Central counting" means the counting of ballots in one or
567567 19 more locations selected by the election authority for the
568568 20 processing or counting, or both, of ballots. A location for
569569 21 central counting shall be within the territorial jurisdiction
570570 22 of the election authority unless there is no suitable
571571 23 tabulating equipment available within his territorial
572572 24 jurisdiction. However, in any event a counting location shall
573573 25 be within this State.
574574 26 "Computer operator" means any person or persons designated
575575
576576
577577
578578
579579
580580 HB1313 - 16 - LRB104 08031 SPS 18077 b
581581
582582
583583 HB1313- 17 -LRB104 08031 SPS 18077 b HB1313 - 17 - LRB104 08031 SPS 18077 b
584584 HB1313 - 17 - LRB104 08031 SPS 18077 b
585585 1 by the election authority to operate the automatic tabulating
586586 2 equipment during any portion of the vote tallying process in
587587 3 an election, but shall not include judges of election
588588 4 operating vote tabulating equipment in the precinct.
589589 5 "Computer program" or "program" means the set of operating
590590 6 instructions for the automatic tabulating equipment that
591591 7 examines, counts, tabulates, canvasses and prints votes
592592 8 recorded by a voter on a ballot.
593593 9 "Edit listing" means a computer generated listing of the
594594 10 names of each candidate and proposition as they appear in the
595595 11 program for each precinct.
596596 12 "Header sheet" means a data processing document which is
597597 13 coded to indicate to the computer the precinct identity of the
598598 14 ballots that will follow immediately and may indicate to the
599599 15 computer how such ballots are to be tabulated.
600600 16 "In-precinct counting" means the counting of ballots on
601601 17 automatic tabulating equipment provided by the election
602602 18 authority in the same precinct polling place in which those
603603 19 ballots have been cast.
604604 20 "Marking device" means a pen, computer, or other device
605605 21 approved by the State Board of Elections for marking, or
606606 22 causing to be marked, a paper ballot with ink or other
607607 23 substance which will enable the ballot to be tabulated by
608608 24 automatic tabulating equipment or by an electronic scanning
609609 25 process.
610610 26 "Precinct Tabulation Optical Scan Technology" means the
611611
612612
613613
614614
615615
616616 HB1313 - 17 - LRB104 08031 SPS 18077 b
617617
618618
619619 HB1313- 18 -LRB104 08031 SPS 18077 b HB1313 - 18 - LRB104 08031 SPS 18077 b
620620 HB1313 - 18 - LRB104 08031 SPS 18077 b
621621 1 capability to examine a ballot through electronic means and
622622 2 tabulate the votes at one or more counting places.
623623 3 "Redundant count" means a verification of the original
624624 4 computer count by another count using compatible equipment or
625625 5 by hand as part of a discovery recount.
626626 6 "Security designation" means a printed designation placed
627627 7 on a ballot to identify to the computer program the offices and
628628 8 propositions for which votes may be cast and to indicate the
629629 9 manner in which votes cast should be tabulated while negating
630630 10 any inadmissible votes.
631631 11 "Separate ballot", with respect to ballot sheets, means a
632632 12 separate portion of the ballot sheet which is clearly defined
633633 13 by a border or borders or shading.
634634 14 "Specimen ballot" means a representation of names of
635635 15 offices and candidates and statements of measures to be voted
636636 16 on which will appear on the official ballot or marking device
637637 17 on election day. The specimen ballot also contains the party
638638 18 and position number where applicable.
639639 19 "Voting defect identification" means the capability to
640640 20 detect overvoted ballots or ballots which cannot be read by
641641 21 the automatic tabulating equipment.
642642 22 "Voting defects" means an overvoted ballot, or a ballot
643643 23 which cannot be read by the automatic tabulating equipment.
644644 24 "Voting system" or "electronic voting system" means that
645645 25 combination of equipment and programs used in the casting,
646646 26 examination and tabulation of ballots and the cumulation and
647647
648648
649649
650650
651651
652652 HB1313 - 18 - LRB104 08031 SPS 18077 b
653653
654654
655655 HB1313- 19 -LRB104 08031 SPS 18077 b HB1313 - 19 - LRB104 08031 SPS 18077 b
656656 HB1313 - 19 - LRB104 08031 SPS 18077 b
657657 1 reporting of results by electronic means.
658658 2 (Source: P.A. 93-574, eff. 8-21-03.)
659659 3 (10 ILCS 5/24B-16)
660660 4 Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
661661 5 Technology Voting Systems; Requisites. The State Board of
662662 6 Elections shall approve all Precinct Tabulation Optical Scan
663663 7 Technology voting systems provided by this Article that
664664 8 fulfill the voluntary provisions and mandatory requirements of
665665 9 the federal voting system standards pertaining to Precinct
666666 10 Tabulation Optical Scan Technology voting systems promulgated
667667 11 by the Federal Election Commission or the Election Assistance
668668 12 Commission and that fulfill the testing requirements of an
669669 13 approved independent testing authority.
670670 14 No Precinct Tabulation Optical Scan Technology voting
671671 15 system shall be approved unless it has been certified by the
672672 16 Federal Election Commission or the Election Assistance
673673 17 Commission and fulfills the following requirements:
674674 18 (a) It enables a voter to vote in absolute secrecy;
675675 19 (b) (Blank);
676676 20 (c) It enables a voter to vote a ticket selected in
677677 21 part from the nominees of one party, and in part from the
678678 22 nominees of any or all parties, and in part from
679679 23 independent candidates, and in part of candidates whose
680680 24 names are written in by the voter;
681681 25 (d) It enables a voter to vote a written or printed
682682
683683
684684
685685
686686
687687 HB1313 - 19 - LRB104 08031 SPS 18077 b
688688
689689
690690 HB1313- 20 -LRB104 08031 SPS 18077 b HB1313 - 20 - LRB104 08031 SPS 18077 b
691691 HB1313 - 20 - LRB104 08031 SPS 18077 b
692692 1 ticket of his or her own selection for any person for any
693693 2 office for whom he or she may desire to vote;
694694 3 (e) It will reject all votes for an office or upon a
695695 4 proposition when the voter has cast more votes for the
696696 5 office or upon the proposition than he or she is entitled
697697 6 to cast;
698698 7 (e-5) It will identify when a voter has not voted for
699699 8 all statewide constitutional offices; and
700700 9 (f) It will accommodate all propositions to be
701701 10 submitted to the voters in the form provided by law or,
702702 11 where no form is provided, then in brief form, not to
703703 12 exceed 75 words.
704704 13 The State Board of Elections shall not approve any voting
705705 14 equipment or system that includes an external Infrared Data
706706 15 Association (IrDA) communications port.
707707 16 The State Board of Elections is authorized to withdraw its
708708 17 approval of a Precinct Tabulation Optical Scan Technology
709709 18 voting system if the system fails to fulfill the above
710710 19 requirements.
711711 20 The vendor, person, or other private entity shall be
712712 21 solely responsible for the production and cost of: all
713713 22 application fees; all ballots; additional temporary workers;
714714 23 and other equipment or facilities needed and used in the
715715 24 testing of the vendor's, person's, or other private entity's
716716 25 respective equipment and software.
717717 26 Any voting system vendor, person, or other private entity
718718
719719
720720
721721
722722
723723 HB1313 - 20 - LRB104 08031 SPS 18077 b
724724
725725
726726 HB1313- 21 -LRB104 08031 SPS 18077 b HB1313 - 21 - LRB104 08031 SPS 18077 b
727727 HB1313 - 21 - LRB104 08031 SPS 18077 b
728728 1 seeking the State Board of Elections' approval of a voting
729729 2 system shall, as part of the approval application, submit to
730730 3 the State Board a non-refundable fee. The State Board of
731731 4 Elections by rule shall establish an appropriate fee
732732 5 structure, taking into account the type of voting system
733733 6 approval that is requested (such as approval of a new system, a
734734 7 modification of an existing system, the size of the
735735 8 modification, etc.). No voting system or modification of a
736736 9 voting system shall be approved unless the fee is paid.
737737 10 No vendor, person, or other entity may sell, lease, or
738738 11 loan, or have a written contract, including a contract
739739 12 contingent upon State Board approval of the voting system or
740740 13 voting system component, to sell, lease, or loan, a voting
741741 14 system or Precinct Tabulation Optical Scan Technology voting
742742 15 system component to any election jurisdiction unless the
743743 16 voting system or voting system component is first approved by
744744 17 the State Board of Elections pursuant to this Section.
745745 18 (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
746746 19 (10 ILCS 5/24C-2)
747747 20 Sec. 24C-2. Definitions. As used in this Article:
748748 21 "Approved independent testing authority" means an
749749 22 independent laboratory or authority certified by the federal
750750 23 Election Assistance Commission.
751751 24 "Audit trail" or "audit capacity" means a continuous trail
752752 25 of evidence linking individual transactions related to the
753753
754754
755755
756756
757757
758758 HB1313 - 21 - LRB104 08031 SPS 18077 b
759759
760760
761761 HB1313- 22 -LRB104 08031 SPS 18077 b HB1313 - 22 - LRB104 08031 SPS 18077 b
762762 HB1313 - 22 - LRB104 08031 SPS 18077 b
763763 1 casting of a vote, the vote count and the summary record of
764764 2 vote totals, but which shall not allow for the identification
765765 3 of the voter. It shall permit verification of the accuracy of
766766 4 the count and detection and correction of problems and shall
767767 5 provide a record of each step taken in: defining and producing
768768 6 ballots and generating related software for specific
769769 7 elections; installing ballots and software; testing system
770770 8 readiness; casting and tabulating ballots; and producing
771771 9 images of votes cast and reports of vote totals. The record
772772 10 shall incorporate system status and error messages generated
773773 11 during election processing, including a log of machine
774774 12 activities and routine and unusual intervention by authorized
775775 13 and unauthorized individuals. Also part of an audit trail is
776776 14 the documentation of such items as ballots delivered and
777777 15 collected, administrative procedures for system security,
778778 16 pre-election testing of voting systems, and maintenance
779779 17 performed on voting equipment. All test plans, test results,
780780 18 documentation, and other records used to plan, execute, and
781781 19 record the results of the testing and verification, including
782782 20 all material prepared or used by independent testing
783783 21 authorities or other third parties, shall be made part of the
784784 22 public record and shall be freely available via the Internet
785785 23 and paper copy to anyone. "Audit trail" or "audit capacity"
786786 24 also means that the voting system is capable of producing and
787787 25 shall produce immediately after a ballot is cast a permanent
788788 26 paper record of each ballot cast that shall be available as an
789789
790790
791791
792792
793793
794794 HB1313 - 22 - LRB104 08031 SPS 18077 b
795795
796796
797797 HB1313- 23 -LRB104 08031 SPS 18077 b HB1313 - 23 - LRB104 08031 SPS 18077 b
798798 HB1313 - 23 - LRB104 08031 SPS 18077 b
799799 1 official record for any recount, redundant count, or
800800 2 verification or retabulation of the vote count conducted with
801801 3 respect to any election in which the voting system is used.
802802 4 "Ballot" means an electronic audio or video display or any
803803 5 other medium, including paper, used to record a voter's
804804 6 choices for the candidates of their preference and for or
805805 7 against public questions.
806806 8 "Ballot configuration" means the particular combination of
807807 9 political subdivision or district ballots including, for each
808808 10 political subdivision or district, the particular combination
809809 11 of offices, candidate names and public questions as it appears
810810 12 for each group of voters who may cast the same ballot.
811811 13 "Ballot image" means a corresponding representation in
812812 14 electronic or paper form of the mark or vote position of a
813813 15 ballot.
814814 16 "Ballot label" or "ballot screen" means the display of
815815 17 material containing the names of offices and candidates and
816816 18 public questions to be voted on.
817817 19 "Central counting" means the counting of ballots in one or
818818 20 more locations selected by the election authority for the
819819 21 processing or counting, or both, of ballots. A location for
820820 22 central counting shall be within the territorial jurisdiction
821821 23 of the election authority unless there is no suitable
822822 24 tabulating equipment available within his territorial
823823 25 jurisdiction. However, in any event a counting location shall
824824 26 be within this State.
825825
826826
827827
828828
829829
830830 HB1313 - 23 - LRB104 08031 SPS 18077 b
831831
832832
833833 HB1313- 24 -LRB104 08031 SPS 18077 b HB1313 - 24 - LRB104 08031 SPS 18077 b
834834 HB1313 - 24 - LRB104 08031 SPS 18077 b
835835 1 "Computer", "automatic tabulating equipment" or
836836 2 "equipment" includes apparatus necessary to automatically
837837 3 examine and count votes as designated on ballots, and data
838838 4 processing machines which can be used for counting ballots and
839839 5 tabulating results.
840840 6 "Computer operator" means any person or persons designated
841841 7 by the election authority to operate the automatic tabulating
842842 8 equipment during any portion of the vote tallying process in
843843 9 an election, but shall not include judges of election
844844 10 operating vote tabulating equipment in the precinct.
845845 11 "Computer program" or "program" means the set of operating
846846 12 instructions for the automatic tabulating equipment that
847847 13 examines, records, displays, counts, tabulates, canvasses, or
848848 14 prints votes recorded by a voter on a ballot or that displays
849849 15 any and all information, graphics, or other visual or audio
850850 16 information or images used in presenting voting information,
851851 17 instructions, or voter choices.
852852 18 "Direct recording electronic voting system", "voting
853853 19 system" or "system" means the total combination of mechanical,
854854 20 electromechanical or electronic equipment, programs and
855855 21 practices used to define ballots, cast and count votes, report
856856 22 or display election results, maintain or produce any audit
857857 23 trail information, identify all system components, test the
858858 24 system during development, maintenance and operation, maintain
859859 25 records of system errors and defects, determine specific
860860 26 system changes to be made to a system after initial
861861
862862
863863
864864
865865
866866 HB1313 - 24 - LRB104 08031 SPS 18077 b
867867
868868
869869 HB1313- 25 -LRB104 08031 SPS 18077 b HB1313 - 25 - LRB104 08031 SPS 18077 b
870870 HB1313 - 25 - LRB104 08031 SPS 18077 b
871871 1 qualification, and make available any materials to the voter
872872 2 such as notices, instructions, forms or paper ballots.
873873 3 "Edit listing" means a computer generated listing of the
874874 4 names of each candidate and public question as they appear in
875875 5 the program for each precinct.
876876 6 "In-precinct counting" means the recording and counting of
877877 7 ballots on automatic tabulating equipment provided by the
878878 8 election authority in the same precinct polling place in which
879879 9 those ballots have been cast.
880880 10 "Marking device" means any device approved by the State
881881 11 Board of Elections for marking a ballot so as to enable the
882882 12 ballot to be recorded, counted and tabulated by automatic
883883 13 tabulating equipment.
884884 14 "Permanent paper record" means a paper record upon which
885885 15 shall be printed in human readable form the votes cast for each
886886 16 candidate and for or against each public question on each
887887 17 ballot recorded in the voting system. Each permanent paper
888888 18 record shall be printed by the voting device upon activation
889889 19 of the marking device by the voter and shall contain a unique,
890890 20 randomly assigned identifying number that shall correspond to
891891 21 the number randomly assigned by the voting system to each
892892 22 ballot as it is electronically recorded.
893893 23 "Redundant count" means a verification of the original
894894 24 computer count of ballots by another count using compatible
895895 25 equipment or other means as part of a discovery recount,
896896 26 including a count of the permanent paper record of each ballot
897897
898898
899899
900900
901901
902902 HB1313 - 25 - LRB104 08031 SPS 18077 b
903903
904904
905905 HB1313- 26 -LRB104 08031 SPS 18077 b HB1313 - 26 - LRB104 08031 SPS 18077 b
906906 HB1313 - 26 - LRB104 08031 SPS 18077 b
907907 1 cast by using compatible equipment, different equipment
908908 2 approved by the State Board of Elections for that purpose, or
909909 3 by hand.
910910 4 "Separate ballot" means a separate page or display screen
911911 5 of the ballot that is clearly defined and distinguishable from
912912 6 other portions of the ballot.
913913 7 "Voting device" or "voting machine" means an apparatus
914914 8 that contains the ballot label or ballot screen and allows the
915915 9 voter to record his or her vote.
916916 10 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
917917 11 (10 ILCS 5/24C-9)
918918 12 Sec. 24C-9. Testing of Direct Recording Electronic Voting
919919 13 System Equipment and Programs; Custody of Programs, Test
920920 14 Materials and Ballots. Prior to the public test, the election
921921 15 authority shall conduct an errorless pre-test of the Direct
922922 16 Recording Electronic Voting System equipment and programs to
923923 17 determine that they will correctly detect voting defects and
924924 18 count the votes cast for all offices and all public questions.
925925 19 On any day not less than 5 days prior to use in an the election
926926 20 day, the election authority shall publicly test the Direct
927927 21 Recording Electronic Voting System equipment and programs to
928928 22 determine that they will correctly detect voting errors and
929929 23 accurately count the votes legally cast for all offices and on
930930 24 all public questions. Public notice of the time and place of
931931 25 the test shall be given at least 48 hours before the test by
932932
933933
934934
935935
936936
937937 HB1313 - 26 - LRB104 08031 SPS 18077 b
938938
939939
940940 HB1313- 27 -LRB104 08031 SPS 18077 b HB1313 - 27 - LRB104 08031 SPS 18077 b
941941 HB1313 - 27 - LRB104 08031 SPS 18077 b
942942 1 publishing the notice in one or more newspapers within the
943943 2 election jurisdiction of the election authority, if a
944944 3 newspaper is published in that jurisdiction. If a newspaper is
945945 4 not published in that jurisdiction, notice shall be published
946946 5 in a newspaper of general circulation in that jurisdiction.
947947 6 Timely written notice stating the date, time, and location of
948948 7 the public test shall also be provided to the State Board of
949949 8 Elections. The test shall be open to representatives of the
950950 9 political parties, the press, representatives of the State
951951 10 Board of Elections, and the public. The test shall be
952952 11 conducted by entering a pre- audited group of votes designed
953953 12 to record a predetermined number of valid votes for each
954954 13 candidate and on each public question, and shall include for
955955 14 each office one or more ballots having votes exceeding the
956956 15 number allowed by law to test the ability of the automatic
957957 16 tabulating equipment to reject the votes. The test shall also
958958 17 include producing an edit listing. In those election
959959 18 jurisdictions where in-precinct counting equipment is used, a
960960 19 public test of both the equipment and program shall be
961961 20 conducted as nearly as possible in the manner prescribed
962962 21 above. The State Board of Elections may select as many
963963 22 election jurisdictions as the Board deems advisable in the
964964 23 interests of the election process of this State, to order a
965965 24 special test of the automatic tabulating equipment and program
966966 25 before any regular election. The Board may order a special
967967 26 test in any election jurisdiction where, during the preceding
968968
969969
970970
971971
972972
973973 HB1313 - 27 - LRB104 08031 SPS 18077 b
974974
975975
976976 HB1313- 28 -LRB104 08031 SPS 18077 b HB1313 - 28 - LRB104 08031 SPS 18077 b
977977 HB1313 - 28 - LRB104 08031 SPS 18077 b
978978 1 12 months, computer programming errors or other errors in the
979979 2 use of System resulted in vote tabulation errors. Not less
980980 3 than 30 days before any election, the State Board of Elections
981981 4 shall provide written notice to those selected jurisdictions
982982 5 of their intent to conduct a test. Within 5 days of receipt of
983983 6 the State Board of Elections' written notice of intent to
984984 7 conduct a test, the selected jurisdictions shall forward to
985985 8 the principal office of the State Board of Elections a copy of
986986 9 all specimen ballots. The State Board of Elections' tests
987987 10 shall be conducted and completed not less than 2 days before
988988 11 the public test and under the supervision of the Board. The
989989 12 vendor, person, or other private entity shall be solely
990990 13 responsible for the production and cost of: all ballots;
991991 14 additional temporary workers; and other equipment or
992992 15 facilities needed and used in the testing of the vendor's,
993993 16 person's, or other private entity's respective equipment and
994994 17 software. After an errorless test, materials used in the
995995 18 public test, including the program, if appropriate, shall be
996996 19 sealed and remain sealed until the test is run again on
997997 20 election day. If any error is detected, the cause of the error
998998 21 shall be determined and corrected, and an errorless public
999999 22 test shall be made before the automatic tabulating equipment
10001000 23 is approved. Each election authority shall file a sealed copy
10011001 24 of each tested program to be used within its jurisdiction at an
10021002 25 election with the State Board of Elections before the
10031003 26 election. The Board shall secure the program or programs of
10041004
10051005
10061006
10071007
10081008
10091009 HB1313 - 28 - LRB104 08031 SPS 18077 b
10101010
10111011
10121012 HB1313- 29 -LRB104 08031 SPS 18077 b HB1313 - 29 - LRB104 08031 SPS 18077 b
10131013 HB1313 - 29 - LRB104 08031 SPS 18077 b
10141014 1 each election jurisdiction so filed in its office until the
10151015 2 next election of the same type (general primary, general
10161016 3 election, consolidated primary, or consolidated election) for
10171017 4 which the program or programs were filed. At the expiration of
10181018 5 that time, if no election contest or appeal is pending in an
10191019 6 election jurisdiction, the Board shall destroy the sealed
10201020 7 program or programs. Except where in-precinct counting
10211021 8 equipment is used, the test shall be repeated immediately
10221022 9 before the start of the official counting of the ballots, in
10231023 10 the same manner as set forth above. After the completion of the
10241024 11 count, the test shall be re-run using the same program.
10251025 12 Immediately after the re-run, all material used in testing the
10261026 13 program and the programs shall be sealed and retained under
10271027 14 the custody of the election authority for a period of 60 days.
10281028 15 At the expiration of that time the election authority shall
10291029 16 destroy the voted ballots, together with all unused ballots
10301030 17 returned from the precincts. Provided, if any contest of
10311031 18 election is pending at the time in which the ballots may be
10321032 19 required as evidence and the election authority has notice of
10331033 20 the contest, the same shall not be destroyed until after the
10341034 21 contest is finally determined. If the use of back-up equipment
10351035 22 becomes necessary, the same testing required for the original
10361036 23 equipment shall be conducted.
10371037 24 (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
10381038 25 (10 ILCS 5/24C-16)
10391039
10401040
10411041
10421042
10431043
10441044 HB1313 - 29 - LRB104 08031 SPS 18077 b
10451045
10461046
10471047 HB1313- 30 -LRB104 08031 SPS 18077 b HB1313 - 30 - LRB104 08031 SPS 18077 b
10481048 HB1313 - 30 - LRB104 08031 SPS 18077 b
10491049 1 Sec. 24C-16. Approval of Direct Recording Electronic
10501050 2 Voting Systems; Requisites. The State Board of Elections
10511051 3 shall approve all Direct Recording Electronic Voting Systems
10521052 4 that fulfill the functional requirements provided by Section
10531053 5 24C-11 of this Code, voluntary provisions and the mandatory
10541054 6 requirements of the federal voting system standards pertaining
10551055 7 to Direct Recording Electronic Voting Systems promulgated by
10561056 8 the Federal Election Commission or the Election Assistance
10571057 9 Commission, the testing requirements of an approved
10581058 10 independent testing authority and the rules of the State Board
10591059 11 of Elections.
10601060 12 The State Board of Elections shall not approve any Direct
10611061 13 Recording Electronic Voting System that (i) has not been
10621062 14 certified by the Federal Election Commission or the Election
10631063 15 Assistance Commission or (ii) includes an external Infrared
10641064 16 Data Association (IrDA) communications port.
10651065 17 The State Board of Elections is authorized to withdraw its
10661066 18 approval of a Direct Recording Electronic Voting System if the
10671067 19 System, once approved, fails to fulfill the above
10681068 20 requirements.
10691069 21 The vendor, person, or other private entity shall be
10701070 22 solely responsible for the production and cost of: all
10711071 23 application fees; all ballots; additional temporary workers;
10721072 24 and other equipment or facilities needed and used in the
10731073 25 testing of the vendor's, person's, or other private entity's
10741074 26 respective equipment and software.
10751075
10761076
10771077
10781078
10791079
10801080 HB1313 - 30 - LRB104 08031 SPS 18077 b
10811081
10821082
10831083 HB1313- 31 -LRB104 08031 SPS 18077 b HB1313 - 31 - LRB104 08031 SPS 18077 b
10841084 HB1313 - 31 - LRB104 08031 SPS 18077 b
10851085 1 Any voting system vendor, person, or other private entity
10861086 2 seeking the State Board of Elections' approval of a voting
10871087 3 system shall, as part of the approval application, submit to
10881088 4 the State Board a non-refundable fee. The State Board of
10891089 5 Elections by rule shall establish an appropriate fee
10901090 6 structure, taking into account the type of voting system
10911091 7 approval that is requested (such as approval of a new system, a
10921092 8 modification of an existing system, the size of the
10931093 9 modification, etc.). No voting system or modification of a
10941094 10 voting system shall be approved unless the fee is paid.
10951095 11 No vendor, person, or other entity may sell, lease, or
10961096 12 loan, or have a written contract, including a contract
10971097 13 contingent upon State Board approval of the voting system or
10981098 14 voting system component, to sell, lease, or loan, a Direct
10991099 15 Recording Electronic Voting System or system component to any
11001100 16 election jurisdiction unless the system or system component is
11011101 17 first approved by the State Board of Elections pursuant to
11021102 18 this Section.
11031103 19 (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
11041104 20 Section 10. The State Finance Act is amended by adding
11051105 21 Section 5.1030 as follows:
11061106 22 (30 ILCS 105/5.1030 new)
11071107 23 Sec. 5.1030. The Election Integrity Fund.
11081108 HB1313- 32 -LRB104 08031 SPS 18077 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 HB1313- 33 -LRB104 08031 SPS 18077 b HB1313- 32 -LRB104 08031 SPS 18077 b HB1313 - 32 - LRB104 08031 SPS 18077 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 HB1313- 33 -LRB104 08031 SPS 18077 b HB1313 - 33 - LRB104 08031 SPS 18077 b
11091109 HB1313- 32 -LRB104 08031 SPS 18077 b HB1313 - 32 - LRB104 08031 SPS 18077 b
11101110 HB1313 - 32 - LRB104 08031 SPS 18077 b
11111111 1 INDEX
11121112 2 Statutes amended in order of appearance
11131113 3 10 ILCS 5/19A-75
11141114 4 10 ILCS 5/Art. 17A heading
11151115 5 new
11161116 6 10 ILCS 5/17A-5 new
11171117 7 10 ILCS 5/17A-10 new
11181118 8 10 ILCS 5/17A-15 new
11191119 9 10 ILCS 5/17A-20 new
11201120 10 10 ILCS 5/17A-25 new
11211121 11 10 ILCS 5/17A-30 new
11221122 12 10 ILCS 5/17A-35 new
11231123 13 10 ILCS 5/17A-40 new
11241124 14 10 ILCS 5/17A-45 new
11251125 15 10 ILCS 5/17A-50 new
11261126 16 10 ILCS 5/17A-55 new
11271127 17 10 ILCS 5/17A-60 new
11281128 18 10 ILCS 5/17A-65 new
11291129 19 10 ILCS 5/17A-70 new
11301130 20 10 ILCS 5/17A-75 new
11311131 21 10 ILCS 5/17A-80 new
11321132 22 10 ILCS 5/17A-85 new
11331133 23 10 ILCS 5/17A-90 new
11341134 24 10 ILCS 5/17A-95 new
11351135 25 10 ILCS 5/17A-100 new
11361136 HB1313- 33 -LRB104 08031 SPS 18077 b HB1313 - 33 - LRB104 08031 SPS 18077 b
11371137 HB1313 - 33 - LRB104 08031 SPS 18077 b
11381138
11391139
11401140
11411141
11421142
11431143 HB1313 - 31 - LRB104 08031 SPS 18077 b
11441144
11451145
11461146
11471147 HB1313- 32 -LRB104 08031 SPS 18077 b HB1313 - 32 - LRB104 08031 SPS 18077 b
11481148 HB1313 - 32 - LRB104 08031 SPS 18077 b
11491149 1 INDEX
11501150 2 Statutes amended in order of appearance
11511151 3 10 ILCS 5/19A-75
11521152 4 10 ILCS 5/Art. 17A heading
11531153 5 new
11541154 6 10 ILCS 5/17A-5 new
11551155 7 10 ILCS 5/17A-10 new
11561156 8 10 ILCS 5/17A-15 new
11571157 9 10 ILCS 5/17A-20 new
11581158 10 10 ILCS 5/17A-25 new
11591159 11 10 ILCS 5/17A-30 new
11601160 12 10 ILCS 5/17A-35 new
11611161 13 10 ILCS 5/17A-40 new
11621162 14 10 ILCS 5/17A-45 new
11631163 15 10 ILCS 5/17A-50 new
11641164 16 10 ILCS 5/17A-55 new
11651165 17 10 ILCS 5/17A-60 new
11661166 18 10 ILCS 5/17A-65 new
11671167 19 10 ILCS 5/17A-70 new
11681168 20 10 ILCS 5/17A-75 new
11691169 21 10 ILCS 5/17A-80 new
11701170 22 10 ILCS 5/17A-85 new
11711171 23 10 ILCS 5/17A-90 new
11721172 24 10 ILCS 5/17A-95 new
11731173 25 10 ILCS 5/17A-100 new
11741174
11751175
11761176
11771177
11781178
11791179 HB1313 - 32 - LRB104 08031 SPS 18077 b
11801180
11811181
11821182 HB1313- 33 -LRB104 08031 SPS 18077 b HB1313 - 33 - LRB104 08031 SPS 18077 b
11831183 HB1313 - 33 - LRB104 08031 SPS 18077 b
11841184
11851185
11861186
11871187
11881188
11891189 HB1313 - 33 - LRB104 08031 SPS 18077 b