99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1519

Introduced 2/20/2015, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

See Index

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. 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. Creates the Illinois Election Integrity Act. Provides that the fund shall be administered by the State Board of Elections and, in addition to contributions from income tax checkoffs, the fund shall accept voluntary contributions. Provides that the State Board of Elections shall use the moneys in the fund to perform election audits. Creates the Illinois Election Integrity Fund as a special fund in the State Treasury. Makes a corresponding change to the State Finance Act. Amends the Illinois Income Tax Act. Provides that, for taxable years ending on or after December 31, 2014, the Department of Revenue must print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Election Integrity Fund, he or she may do so by stating the amount of the contribution (not less than $3) on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return.

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A BILL FOR

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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 cited as the

5 Illinois Election Integrity Act.

6 Section 5. The Illinois Election Integrity Fund. The

7 Illinois Election Integrity Fund is hereby created as a special

8 fund in the State Treasury. The fund shall be administered by

9 the State Board of Elections and, in addition to contributions

10 from income tax checkoffs, the fund shall accept voluntary

11 contributions. The State Board of Elections shall use the

12 moneys in the fund to perform election audits.

13 Section 900. The Election Code is amended by changing

14 Sections 19A-75, 24B-2, 24B-16, 24C-2, 24C-9, and 24C-16 and by

15 adding the heading of Article 21B and Sections 21B-5, 21B-10,

16 21B-15, 21B-20, 21B-25, 21B-30, 21B-35, 21B-40, 21B-45,

17 21B-50, 21B-55, 21B-60, 21B-65, 21B-70, 21B-75, 21B-80,

18 21B-85, 21B-90, and 21B-95 as follows:

19 (10 ILCS 5/19A-75)

20 (Text of Section before amendment by P.A. 98-1171)

21 Sec. 19A-75. Early voting in jurisdictions using Direct

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1 Recording Electronic Voting Systems under Article 24C.

2 Election authorities that have adopted for use Direct Recording

3 Electronic Voting Systems under Article 24C may (i) ~~either~~ use

4 those voting systems to conduct early voting, provided that

5 each early voting polling place shall have available sufficient

6 paper ballots for those voters who request them, consistent

7 with the limitations set forth in subsection (b) of Section

8 19A-10, or (ii) ~~,~~ so long as at least one Direct Recording

9 Electronic Voting System device is available at each early

10 voting polling place, use whatever method the election

11 authority uses for absentee balloting conducted by mail;

12 provided that no early ballots are counted before the polls

13 close on election day.

14 (Source: P.A. 94-645, eff. 8-22-05.)

15 (Text of Section after amendment by P.A. 98-1171)

16 Sec. 19A-75. Early voting in jurisdictions using Direct

17 Recording Electronic Voting Systems under Article 24C.

18 Election authorities that have adopted for use Direct Recording

19 Electronic Voting Systems under Article 24C may (i) ~~either~~ use

20 those voting systems to conduct early voting, provided that

21 each early voting polling place shall have available sufficient

22 paper ballots for those voters who request them, consistent

23 with the limitations set forth in subsection (b) of Section

24 19A-10, or (ii) ~~,~~ so long as at least one Direct Recording

25 Electronic Voting System device is available at each early

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1 voting polling place, use whatever method the election

2 authority uses for vote by mail balloting; provided that no

3 early ballots are counted before the polls close on election

4 day.

5 (Source: P.A. 98-1171, eff. 6-1-15.)

6 (10 ILCS 5/Art. 21B heading new)

7 ARTICLE 21B. AUDITS

8 (10 ILCS 5/21B-5 new)

9 Sec. 21B-5. Election day audit. There shall be conducted a

10 10% election day audit of all votes cast for each designated

11 race or proposition on election day.

12 (10 ILCS 5/21B-10 new)

13 Sec. 21B-10. Scope of the audit. The 10% audit shall be

14 conducted for all races or propositions that meet the following

15 criteria:

16 (1) all statewide offices and propositions;

17 (2) all countywide offices and propositions;

18 (3) all federal races; and

19 (4) any municipal or other political sub-division or

20 taxing entity races where the number of registered voters

21 eligible to vote on that race or proposition exceeds 50,000

22 voters.

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1 (10 ILCS 5/21B-15 new)

2 Sec. 21B-15. Time and place of the audit. The 10% audits

3 shall take place on election day as soon as practicable after

4 the close of the polls and shall take place at the location

5 where votes are originally counted (in-precinct for all votes

6 cast on election day and at the central counting location for

7 early voting, grace, and absentee ballots), provided that the

8 10% hand count shall be subordinate to and not interfere with

9 the reporting of election results.

10 (10 ILCS 5/21B-20 new)

11 Sec. 21B-20. Conduct. The election day audit shall be

12 conducted by election judges selected and appointed in the same

13 manner as set forth in Sections 13-1, 13-2, 14-1, 14-2, and

14 14-3 of this Code. Election authorities may implement the

15 appointment of part-time judges, job-sharing, split shifts, or

16 other methods of allocating election judge resources to ensure

17 that sufficient judges are available to conduct the election

18 day audits in a timely and efficient manner.

19 (10 ILCS 5/21B-25 new)

20 Sec. 21B-25. Random selection of ballots to be examined.

21 (a) The election authority shall provide to each polling

22 place, precinct, or central counting location as appropriate

23 one set of 10 plastic disks, each imprinted on one or both

24 sides with a number from 1 to 10. Each disk shall have one such

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1 number imprinted, with the same number on each side, and no 2

2 disks shall have the same number. In addition, a suitable

3 opaque container shall be provided sufficient to contain the

4 set.

5 (b) After the close of the polls and prior to the

6 commencement of the election day audit, the election judges

7 present shall select one of their number to place the numbered

8 disk in the container and shake the container sufficiently so

9 that the disks shall be in random order. The judges shall

10 select another of their number to select one such disk from the

11 container in such a manner that the selecting judge has no

12 knowledge of which disk he or she is selecting. The disk drawn

13 from the container shall be examined and the number of the disk

14 chosen publicly announced. That result shall indicate which

15 ballots are to be examined, e.g. a result of 7 shall require

16 that the seventh and every tenth ballot thereafter be examined

17 (7, 17, 27, etc.). The result of the drawing shall be recorded

18 on the summary report section set forth in Section 21B-35.

19 (10 ILCS 5/21B-30 new)

20 Sec. 21B-30. Ballots or paper records to be examined.

21 (a) The election authority shall provide to each polling

22 place, precinct, or central counting location as appropriate

23 one self-inked consecutive numbering stamp capable of

24 numbering from 1 to 999,999.

25 (b) All paper ballots shall be placed in a single stack in

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1 a random order as retrieved from the ballot boxes and each

2 ballot shall be stamped with a consecutive number, starting

3 with the number 1 until all ballots have been numbered.

4 (c) The starting number and tenth ballot thereafter shall

5 be examined in accordance with the selection number resulting

6 from the operation of Section 21B-25.

7 (d) For paper records printed by Direct Recording

8 Electronic (DRE) voting machines, the paper records shall be

9 examined in the order printed on the DRE produced paper records

10 selecting each starting and tenth paper record thereafter in

11 accordance with the selection number resulting from the

12 operation of Section 21B-25.

13 (e) For paper records printed by Direct Recording

14 Electronic (DRE) voting machines, only the human-readable

15 portion of the paper record shall be used in the election day

16 audit. The use of bar codes or other human unreadable records

17 of votes shall not be permitted.

18 (10 ILCS 5/21B-35 new)

19 Sec. 21B-35. Reports.

20 (a) Prior to election day, the appropriate election

21 authority shall cause to be created and printed an audit

22 summary form that shall state the races and propositions to be

23 audited in accordance with Section 21B-10 and shall have

24 pre-printed spaces, boxes, or both in which the results of the

25 election day audit shall be recorded. This form shall also

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1 include a reconciliation of all ballots counted by category,

2 such as provisional, federal only, standard, etc., and shall be

3 provided in sufficient number to all auditing locations to

4 facilitate the required distribution.

5 (b) Upon completion of the audit, 6 copies of the election

6 day audit summary shall be signed by all the judges

7 participating in the election day audit and shall be

8 distributed as follows:

9 (1) One copy shall be posted in the polling or counting

10 location in a manner that the election day audit summary is

11 clearly visible and available for public inspection for a

12 period of not less than one hour.

13 (2) Two copies shall be placed in the ballot box or

14 designated envelope or envelopes and transported to the

15 election authority in the same manner as ballots.

16 (3) Three copies shall be made available on request to

17 pollwatchers or members of the public in that order of

18 preference.

19 (4) Pollwatchers and other observers in the polls may

20 take photographs of the posted copies without restriction.

21 (c) The audit reports from all in-precinct and central

22 counting locations shall be received by the election authority

23 and a consolidated report shall be prepared. The consolidated

24 reports shall be published by the election authority within 24

25 hours after the closing of the polls, and the authorities shall

26 certify the election day audit results and maintain both

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1 consolidated and individual location reports in the same manner

2 and for the same period of time as ballots, except that copies

3 of consolidated and individual location reports shall be

4 available to the public upon request. If that election

5 authority maintains a public website, then the copies shall

6 also be made freely available to the public via the Internet

7 for a period of not less than 60 days.

8 (d) The certified Consolidated and individual location

9 reports shall be deemed admissible as evidence to the extent

10 permitted by law in any action for discovery or other recount.

11 (10 ILCS 5/21B-40 new)

12 Sec. 21B-40. Parallel, independent audits. There shall be

13 conducted an independent parallel tabulation and audit for each

14 race or proposition in every election.

15 (10 ILCS 5/21B-45 new)

16 Sec. 21B-45. Authority. Each election authority shall be

17 empowered on behalf of all voters in that jurisdiction to

18 contract for, employ, or both contract for and employ one or

19 more independent auditors to conduct a parallel count and

20 tabulation of the results of every election conducted by the

21 election authority for every race and proposition in the

22 election.

23 (10 ILCS 5/21B-50 new)

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1 Sec. 21B-50. Independent election audit committee. Each

2 election authority shall cause to be constituted an independent

3 election audit committee (EAC) of not less than 5 members, that

4 shall have as its primary duties: (1) the preparation of a

5 request for proposal (RFP) for the parallel election tabulation

6 and audit (PETA) and (2) the selection of the independent

7 auditor or auditors to perform such audit.

8 (10 ILCS 5/21B-55 new)

9 Sec. 21B-55. Time of convening. The election audit

10 committee for each jurisdiction shall convene at least 120 days

11 prior to election day and meet thereafter as often as shall be

12 deemed necessary and proper by its membership.

13 (10 ILCS 5/21B-60 new)

14 Sec. 21B-60. Committee composition. The election audit

15 committee shall consist of the following members:

16 (1) One member appointed by each political party that

17 shall have had a candidate for jurisdiction-wide public

18 office in that jurisdiction on the ballot for the previous

19 general election, provided that the party shall have had at

20 least one candidate who received 10% of the ballots cast in

21 that election.

22 (2) Two members appointed by the election authority for

23 the jurisdiction.

24 (3) One election judge from each of the political

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1 parties qualifying under paragraph (1) who has served as an

2 election judge in the most recent election conducted in

3 that jurisdiction and at least 2 previous elections. The

4 election judge members shall be selected by lot from among

5 the pool of available judges from the most recent election

6 conducted in that jurisdiction.

7 (10 ILCS 5/21B-65 new)

8 Sec. 21B-65. Request for proposal. Each election authority

9 shall issue a request for proposal (RFP) for a parallel

10 election tabulation and audit as prepared by the independent

11 election audit committee not less than 90 days before election

12 day. The proposals shall be examined and reviewed by the EAC,

13 and the election authority (or other governmental body with

14 appropriation and contracting authority for the jurisdiction)

15 shall award the contract for the audit not less than 45 days

16 before each election.

17 (10 ILCS 5/21B-70 new)

18 Sec. 21B-70. Funding. The public accounting firm

19 conducting the PETA shall be paid from public funds

20 appropriated by each election jurisdiction and designated for

21 that purposes.

22 (10 ILCS 5/21B-75 new)

23 Sec. 21B-75. Contractor qualifications. To qualify to

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1 submit a proposal, a potential PETA contractor shall include in

2 its response to the RFP:

3 (1) Evidence that it is a public accounting firm

4 licensed by the State of Illinois to perform financial audits.

5 (2) Provide evidence that upon awarding of a contract

6 to conduct the parallel election tabulation, the firm can post

7 a performance bond equal to $1 for every registered voter in

8 that jurisdiction.

9 (3) An agreement to submit a response to the RFP that

10 shall limit the aggregate amount to be paid the contractor to

11 not more than (i) $75 per precinct audited, (ii) $0.075 per

12 ballot or paper record counted and tallied at central counting

13 locations, or (iii) both (i) and (ii).

14 (4) A statement of performance secured by the

15 performance bond in item (2) that above the parallel election

16 tabulation and audit shall be completed and public reports

17 submitted within the time limitations set forth in Section

18 21B-85.

19 (10 ILCS 5/21B-80 new)

20 Sec. 21B-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, portable

23 computer memory devices from DREs, scanning devices, central

24 count devices, paper records, ballot generating software,

25 counting and tabulation software, computer logs and error

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1 reports of all voting machines and central tabulation devices,

2 servers, communications protocols, databases of all types

3 including registration databases, pollwatcher and election

4 judge logs and reports, and any other records deemed relevant

5 to the conduct of the election as the auditing entity shall

6 deem necessary and reasonable for the conduct of the parallel

7 election tabulation and audit.

8 (10 ILCS 5/21B-85 new)

9 Sec. 21B-85. Reports.

10 (a) The public accounting firm shall produce an initial

11 results report within 72 hours after the close of the polls

12 that shall examine and comment on at least, but not limited to,

13 the following:

14 (1) Whether proper procedures were used in the

15 compilation and tabulation of the 10% election day audit.

16 (2) Whether each voter's choices were accurately

17 summarized in the precinct or central count tallying.

18 (3) To the extent possible to determine from the

19 records available, that the central tabulation procedures,

20 equipment, and software functioned correctly and that the

21 totals reflected in the internal and public tabulation of

22 votes was consistent and accurate.

23 The auditing entity shall certify, with any exceptions

24 noted thereto, the tabulated results of each race or

25 proposition of the election as being accurate to the extent

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1 that the winner of each race or the prevailing result for each

2 proposition is correct. For each and every race for which the

3 auditing entity is unable to certify, it shall state the

4 reasons therefore, citing specific circumstances as to why it

5 is unable to certify the outcome.

6 (b) The public accounting firm shall produce an operational

7 report within 21 days after the close of the polls that shall

8 examine and comment on at least, but not limited to, the

9 following:

10 (1) Pre-election preparation including the compiling

11 and production of registration and eligible voter lists,

12 including printed ballot applications and voter records in

13 electronic poll books, and candidate, voter, and

14 pollworker accessible records of eligibility.

15 (2) Proper compiling and production of ballots, both

16 paper and electronic, as to completeness and accuracy for

17 each ballot style produced.

18 (3) Adequacy and completeness of training manuals,

19 election judge's manuals, voter instruction materials, and

20 other internal and public documents related to the

21 election.

22 (4) The election process during the time the polls were

23 open, including reports of machine failures, election

24 problems of all varieties, pollworkers and pollwatchers,

25 reports in order to determine and express an opinion of the

26 efficacy of the election process and to determine to the

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1 extent possible that:

2 (A) All eligible voters were given an opportunity

3 to vote.

4 (B) Each voter received a proper and complete

5 ballot.

6 (C) Each voter's choices were properly recorded by

7 the electronic or mechanical machines used in the

8 voting process.

9 (b-5) The auditors of the parallel election tabulation

10 shall examine the processes used after the polls closed to

11 determine, to the extent possible from the records

12 available, if:

13 (1) All election materials were properly secured

14 and that a complete and unbroken chain of custody

15 exists for all election materials.

16 (2) In the case where election authorities gather

17 election results through electronic transmission,

18 either through land lines or wireless networks, the

19 transmissions were secure, reliable, and accurate.

20 (c) The auditing entity shall produce a report that

21 adequately describes all problems associated with the election

22 process and to the extent possible the causes of those

23 problems.

24 (d) To the extent possible within the time constraints

25 imposed by the 21-day requirement, the auditing entity shall

26 include in its report recommendations for modifications to

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1 procedures, equipment, or software that would eliminate

2 problems or improve the efficiency and accuracy of the process

3 in whatever stage examined or reported.

4 (10 ILCS 5/21B-90 new)

5 Sec. 21B-90. Availability and ownership of parallel

6 election tabulation and audit reports.

7 (a) The report of the auditing entity shall be public

8 property, in the public domain, and available to anyone upon

9 request and payment of a reasonable fee, subject to the

10 provisions of the Freedom of Information Act (5 ILCS 140/).

11 (b) If the election authority contracting for the parallel

12 election tabulation and audit report maintains a website, the

13 Report shall be posted on the publicly accessible portion of

14 the website in an appropriate format for downloading and

15 printing by the public.

16 (10 ILCS 5/21B-95 new)

17 Sec. 21B-95. Legal effect. The parallel election

18 tabulation and audit reports shall be deemed admissible as

19 evidence to the extent permitted by law in any action for

20 discovery or other recount.

21 (10 ILCS 5/24B-2)

22 Sec. 24B-2. Definitions. As used in this Article:

23 "Approved independent testing authority" means an

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1 independent laboratory or authority certified by the federal

2 Election Assistance Commission (EAC).

3 "Computer", "automatic tabulating equipment" or

4 "equipment" includes apparatus necessary to automatically

5 examine and count votes as designated on ballots, and data

6 processing machines which can be used for counting ballots and

7 tabulating results.

8 "Ballot" means paper ballot sheets.

9 "Ballot configuration" means the particular combination of

10 political subdivision ballots including, for each political

11 subdivision, the particular combination of offices, candidate

12 names and questions as it appears for each group of voters who

13 may cast the same ballot.

14 "Ballot sheet" means a paper ballot printed on one or both

15 sides which is (1) designed and prepared so that the voter may

16 indicate his or her votes in designated areas, which must be

17 areas clearly printed or otherwise delineated for such purpose,

18 and (2) capable of having votes marked in the designated areas

19 automatically examined, counted, and tabulated by an

20 electronic scanning process.

21 "Central counting" means the counting of ballots in one or

22 more locations selected by the election authority for the

23 processing or counting, or both, of ballots. A location for

24 central counting shall be within the territorial jurisdiction

25 of the election authority unless there is no suitable

26 tabulating equipment available within his territorial

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1 jurisdiction. However, in any event a counting location shall

2 be within this State.

3 "Computer operator" means any person or persons designated

4 by the election authority to operate the automatic tabulating

5 equipment during any portion of the vote tallying process in an

6 election, but shall not include judges of election operating

7 vote tabulating equipment in the precinct.

8 "Computer program" or "program" means the set of operating

9 instructions for the automatic tabulating equipment that

10 examines, counts, tabulates, canvasses and prints votes

11 recorded by a voter on a ballot.

12 "Edit listing" means a computer generated listing of the

13 names of each candidate and proposition as they appear in the

14 program for each precinct.

15 "Header sheet" means a data processing document which is

16 coded to indicate to the computer the precinct identity of the

17 ballots that will follow immediately and may indicate to the

18 computer how such ballots are to be tabulated.

19 "In-precinct counting" means the counting of ballots on

20 automatic tabulating equipment provided by the election

21 authority in the same precinct polling place in which those

22 ballots have been cast.

23 "Marking device" means a pen, computer, or other device

24 approved by the State Board of Elections for marking, or

25 causing to be marked, a paper ballot with ink or other

26 substance which will enable the ballot to be tabulated by

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1 automatic tabulating equipment or by an electronic scanning

2 process.

3 "Precinct Tabulation Optical Scan Technology" means the

4 capability to examine a ballot through electronic means and

5 tabulate the votes at one or more counting places.

6 "Redundant count" means a verification of the original

7 computer count by another count using compatible equipment or

8 by hand as part of a discovery recount.

9 "Security designation" means a printed designation placed

10 on a ballot to identify to the computer program the offices and

11 propositions for which votes may be cast and to indicate the

12 manner in which votes cast should be tabulated while negating

13 any inadmissible votes.

14 "Separate ballot", with respect to ballot sheets, means a

15 separate portion of the ballot sheet which is clearly defined

16 by a border or borders or shading.

17 "Specimen ballot" means a representation of names of

18 offices and candidates and statements of measures to be voted

19 on which will appear on the official ballot or marking device

20 on election day. The specimen ballot also contains the party

21 and position number where applicable.

22 "Voting defect identification" means the capability to

23 detect overvoted ballots or ballots which cannot be read by the

24 automatic tabulating equipment.

25 "Voting defects" means an overvoted ballot, or a ballot

26 which cannot be read by the automatic tabulating equipment.

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1 "Voting system" or "electronic voting system" means that

2 combination of equipment and programs used in the casting,

3 examination and tabulation of ballots and the cumulation and

4 reporting of results by electronic means.

5 (Source: P.A. 93-574, eff. 8-21-03.)

6 (10 ILCS 5/24B-16)

7 Sec. 24B-16. Approval of Precinct Tabulation Optical Scan

8 Technology Voting Systems; Requisites. The State Board of

9 Elections shall approve all Precinct Tabulation Optical Scan

10 Technology voting systems provided by this Article that fulfill

11 the voluntary provisions and mandatory requirements of the

12 federal voting system standards pertaining to Precinct

13 Tabulation Optical Scan Technology voting systems promulgated

14 by the Federal Election Commission or the Election Assistance

15 Commission and that fulfill the testing requirements of an

16 approved independent testing authority.

17 No Precinct Tabulation Optical Scan Technology voting

18 system shall be approved unless ithas been certified by the

19 Federal Election Commission or the Election Assistance

20 Commission and fulfills the following requirements:

21 (a) It enables a voter to vote in absolute secrecy;

22 (b) (Blank);

23 (c) It enables a voter to vote a ticket selected in

24 part from the nominees of one party, and in part from the

25 nominees of any or all parties, and in part from

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1 independent candidates, and in part of candidates whose

2 names are written in by the voter;

3 (d) It enables a voter to vote a written or printed

4 ticket of his or her own selection for any person for any

5 office for whom he or she may desire to vote;

6 (e) It will reject all votes for an office or upon a

7 proposition when the voter has cast more votes for the

8 office or upon the proposition than he or she is entitled

9 to cast;

10 (e-5) It will identify when a voter has not voted for

11 all statewide constitutional offices; and

12 (f) It will accommodate all propositions to be

13 submitted to the voters in the form provided by law or,

14 where no form is provided, then in brief form, not to

15 exceed 75 words.

16 The State Board of Elections shall not approve any voting

17 equipment or system that includes an external Infrared Data

18 Association (IrDA) communications port.

19 The State Board of Elections is authorized to withdraw its

20 approval of a Precinct Tabulation Optical Scan Technology

21 voting system if the system fails to fulfill the above

22 requirements.

23 The vendor, person, or other private entity shall be solely

24 responsible for the production and cost of: all application

25 fees; all ballots; additional temporary workers; and other

26 equipment or facilities needed and used in the testing of the

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1 vendor's, person's, or other private entity's respective

2 equipment and software.

3 Any voting system vendor, person, or other private entity

4 seeking the State Board of Elections' approval of a voting

5 system shall, as part of the approval application, submit to

6 the State Board a non-refundable fee. The State Board of

7 Elections by rule shall establish an appropriate fee structure,

8 taking into account the type of voting system approval that is

9 requested (such as approval of a new system, a modification of

10 an existing system, the size of the modification, etc.). No

11 voting system or modification of a voting system shall be

12 approved unless the fee is paid.

13 No vendor, person, or other entity may sell, lease, or

14 loan, or have a written contract, including a contract

15 contingent upon State Board approval of the voting system or

16 voting system component, to sell, lease, or loan, a voting

17 system or Precinct Tabulation Optical Scan Technology voting

18 system component to any election jurisdiction unless the voting

19 system or voting system component is first approved by the

20 State Board of Elections pursuant to this Section.

21 (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)

22 (10 ILCS 5/24C-2)

23 Sec. 24C-2. Definitions. As used in this Article:

24 "Approved independent testing authority" means an

25 independent laboratory or authority certified by the federal

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1 Election Assistance Commission (EAC).

2 "Audit trail" or "audit capacity" means a continuous trail

3 of evidence linking individual transactions related to the

4 casting of a vote, the vote count and the summary record of

5 vote totals, but which shall not allow for the identification

6 of the voter. It shall permit verification of the accuracy of

7 the count and detection and correction of problems and shall

8 provide a record of each step taken in: defining and producing

9 ballots and generating related software for specific

10 elections; installing ballots and software; testing system

11 readiness; casting and tabulating ballots; and producing

12 images of votes cast and reports of vote totals. The record

13 shall incorporate system status and error messages generated

14 during election processing, including a log of machine

15 activities and routine and unusual intervention by authorized

16 and unauthorized individuals. Also part of an audit trail is

17 the documentation of such items as ballots delivered and

18 collected, administrative procedures for system security,

19 pre-election testing of voting systems, and maintenance

20 performed on voting equipment. All test plans, test results,

21 documentation, and other records used to plan, execute, and

22 record the results of the testing and verification, including

23 all material prepared or used by independent testing

24 authorities or other third parties, shall be made part of the

25 public record and shall be freely available via the Internet

26 and paper copy to anyone. "Audit trail" or "audit capacity"

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1 also means that the voting system is capable of producing and

2 shall produce immediately after a ballot is cast a permanent

3 paper record of each ballot cast that shall be available as an

4 official record for any recount, redundant count, or

5 verification or retabulation of the vote count conducted with

6 respect to any election in which the voting system is used.

7 "Ballot" means an electronic audio or video display or any

8 other medium, including paper, used to record a voter's choices

9 for the candidates of their preference and for or against

10 public questions.

11 "Ballot configuration" means the particular combination of

12 political subdivision or district ballots including, for each

13 political subdivision or district, the particular combination

14 of offices, candidate names and public questions as it appears

15 for each group of voters who may cast the same ballot.

16 "Ballot image" means a corresponding representation in

17 electronic or paper form of the mark or vote position of a

18 ballot.

19 "Ballot label" or "ballot screen" means the display of

20 material containing the names of offices and candidates and

21 public questions to be voted on.

22 "Central counting" means the counting of ballots in one or

23 more locations selected by the election authority for the

24 processing or counting, or both, of ballots. A location for

25 central counting shall be within the territorial jurisdiction

26 of the election authority unless there is no suitable

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1 tabulating equipment available within his territorial

2 jurisdiction. However, in any event a counting location shall

3 be within this State.

4 "Computer", "automatic tabulating equipment" or

5 "equipment" includes apparatus necessary to automatically

6 examine and count votes as designated on ballots, and data

7 processing machines which can be used for counting ballots and

8 tabulating results.

9 "Computer operator" means any person or persons designated

10 by the election authority to operate the automatic tabulating

11 equipment during any portion of the vote tallying process in an

12 election, but shall not include judges of election operating

13 vote tabulating equipment in the precinct.

14 "Computer program" or "program" means the set of operating

15 instructions for the automatic tabulating equipment that

16 examines, records, displays, counts, tabulates, canvasses, or

17 prints votes recorded by a voter on a ballot or that displays

18 any and all information, graphics, or other visual or audio

19 information or images used in presenting voting information,

20 instructions, or voter choices.

21 "Direct recording electronic voting system", "voting

22 system" or "system" means the total combination of mechanical,

23 electromechanical or electronic equipment, programs and

24 practices used to define ballots, cast and count votes, report

25 or display election results, maintain or produce any audit

26 trail information, identify all system components, test the

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1 system during development, maintenance and operation, maintain

2 records of system errors and defects, determine specific system

3 changes to be made to a system after initial qualification, and

4 make available any materials to the voter such as notices,

5 instructions, forms or paper ballots.

6 "Edit listing" means a computer generated listing of the

7 names of each candidate and public question as they appear in

8 the program for each precinct.

9 "In-precinct counting" means the recording and counting of

10 ballots on automatic tabulating equipment provided by the

11 election authority in the same precinct polling place in which

12 those ballots have been cast.

13 "Marking device" means any device approved by the State

14 Board of Elections for marking a ballot so as to enable the

15 ballot to be recorded, counted and tabulated by automatic

16 tabulating equipment.

17 "Permanent paper record" means a paper record upon which

18 shall be printed in human readable form the votes cast for each

19 candidate and for or against each public question on each

20 ballot recorded in the voting system. Each permanent paper

21 record shall be printed by the voting device upon activation of

22 the marking device by the voter and shall contain a unique,

23 randomly assigned identifying number that shall correspond to

24 the number randomly assigned by the voting system to each

25 ballot as it is electronically recorded.

26 "Redundant count" means a verification of the original

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1 computer count of ballots by another count using compatible

2 equipment or other means as part of a discovery recount,

3 including a count of the permanent paper record of each ballot

4 cast by using compatible equipment, different equipment

5 approved by the State Board of Elections for that purpose, or

6 by hand.

7 "Separate ballot" means a separate page or display screen

8 of the ballot that is clearly defined and distinguishable from

9 other portions of the ballot.

10 "Voting device" or "voting machine" means an apparatus that

11 contains the ballot label or ballot screen and allows the voter

12 to record his or her vote.

13 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)

14 (10 ILCS 5/24C-9)

15 Sec. 24C-9. Testing of Direct Recording Electronic Voting

16 System Equipment and Programs; Custody of Programs, Test

17 Materials and Ballots. Prior to the public test, the election

18 authority shall conduct an errorless pre-test of the Direct

19 Recording Electronic Voting System equipment and programs to

20 determine that they will correctly detect voting defects and

21 count the votes cast for all offices and all public questions.

22 On any day not less than 5 days prior to use in an~~the~~ election

23 ~~day~~, the election authority shall publicly test the Direct

24 Recording Electronic Voting System equipment and programs to

25 determine that they will correctly detect voting errors and

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1 accurately count the votes legally cast for all offices and on

2 all public questions. Public notice of the time and place of

3 the test shall be given at least 48 hours before the test by

4 publishing the notice in one or more newspapers within the

5 election jurisdiction of the election authority, if a newspaper

6 is published in that jurisdiction. If a newspaper is not

7 published in that jurisdiction, notice shall be published in a

8 newspaper of general circulation in that jurisdiction. Timely

9 written notice stating the date, time, and location of the

10 public test shall also be provided to the State Board of

11 Elections. The test shall be open to representatives of the

12 political parties, the press, representatives of the State

13 Board of Elections, and the public. The test shall be conducted

14 by entering a pre- audited group of votes designed to record a

15 predetermined number of valid votes for each candidate and on

16 each public question, and shall include for each office one or

17 more ballots having votes exceeding the number allowed by law

18 to test the ability of the automatic tabulating equipment to

19 reject the votes. The test shall also include producing an edit

20 listing. In those election jurisdictions where in-precinct

21 counting equipment is used, a public test of both the equipment

22 and program shall be conducted as nearly as possible in the

23 manner prescribed above. The State Board of Elections may

24 select as many election jurisdictions as the Board deems

25 advisable in the interests of the election process of this

26 State, to order a special test of the automatic tabulating

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1 equipment and program before any regular election. The Board

2 may order a special test in any election jurisdiction where,

3 during the preceding 12 months, computer programming errors or

4 other errors in the use of System resulted in vote tabulation

5 errors. Not less than 30 days before any election, the State

6 Board of Elections shall provide written notice to those

7 selected jurisdictions of their intent to conduct a test.

8 Within 5 days of receipt of the State Board of Elections'

9 written notice of intent to conduct a test, the selected

10 jurisdictions shall forward to the principal office of the

11 State Board of Elections a copy of all specimen ballots. The

12 State Board of Elections' tests shall be conducted and

13 completed not less than 2 days before the public test and under

14 the supervision of the Board. The vendor, person, or other

15 private entity shall be solely responsible for the production

16 and cost of: all ballots; additional temporary workers; and

17 other equipment or facilities needed and used in the testing of

18 the vendor's, person's, or other private entity's respective

19 equipment and software. After an errorless test, materials used

20 in the public test, including the program, if appropriate,

21 shall be sealed and remain sealed until the test is run again

22 on election day. If any error is detected, the cause of the

23 error shall be determined and corrected, and an errorless

24 public test shall be made before the automatic tabulating

25 equipment is approved. Each election authority shall file a

26 sealed copy of each tested program to be used within its

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1 jurisdiction at an election with the State Board of Elections

2 before the election. The Board shall secure the program or

3 programs of each election jurisdiction so filed in its office

4 until the next election of the same type (general primary,

5 general election, consolidated primary, or consolidated

6 election) for which the program or programs were filed. At the

7 expiration of that time, if no election contest or appeal is

8 pending in an election jurisdiction, the Board shall destroy

9 the sealed program or programs. Except where in-precinct

10 counting equipment is used, the test shall be repeated

11 immediately before the start of the official counting of the

12 ballots, in the same manner as set forth above. After the

13 completion of the count, the test shall be re-run using the

14 same program. Immediately after the re-run, all material used

15 in testing the program and the programs shall be sealed and

16 retained under the custody of the election authority for a

17 period of 60 days. At the expiration of that time the election

18 authority shall destroy the voted ballots, together with all

19 unused ballots returned from the precincts. Provided, if any

20 contest of election is pending at the time in which the ballots

21 may be required as evidence and the election authority has

22 notice of the contest, the same shall not be destroyed until

23 after the contest is finally determined. If the use of back-up

24 equipment becomes necessary, the same testing required for the

25 original equipment shall be conducted.

26 (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)

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1 (10 ILCS 5/24C-16)

2 Sec. 24C-16. Approval of Direct Recording Electronic

3 Voting Systems; Requisites. The State Board of Elections shall

4 approve all Direct Recording Electronic Voting Systems that

5 fulfill the functional requirements provided by Section 24C-11

6 of this Code, voluntary provisions andthe mandatory

7 requirements of the federal voting system standards pertaining

8 to Direct Recording Electronic Voting Systems promulgated by

9 the Federal Election Commission or the Election Assistance

10 Commission, the testing requirements of an approved

11 independent testing authority and the rules of the State Board

12 of Elections.

13 The State Board of Elections shall not approve any Direct

14 Recording Electronic Voting System that (i) has not been

15 certified by the Federal Election Commission or the Election

16 Assistance Commission or (ii) includes an external Infrared

17 Data Association (IrDA) communications port.

18 The State Board of Elections is authorized to withdraw its

19 approval of a Direct Recording Electronic Voting System if the

20 System, once approved, fails to fulfill the above requirements.

21 The vendor, person, or other private entity shall be solely

22 responsible for the production and cost of: all application

23 fees; all ballots; additional temporary workers; and other

24 equipment or facilities needed and used in the testing of the

25 vendor's, person's, or other private entity's respective

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1 equipment and software.

2 Any voting system vendor, person, or other private entity

3 seeking the State Board of Elections' approval of a voting

4 system shall, as part of the approval application, submit to

5 the State Board a non-refundable fee. The State Board of

6 Elections by rule shall establish an appropriate fee structure,

7 taking into account the type of voting system approval that is

8 requested (such as approval of a new system, a modification of

9 an existing system, the size of the modification, etc.). No

10 voting system or modification of a voting system shall be

11 approved unless the fee is paid.

12 No vendor, person, or other entity may sell, lease, or

13 loan, or have a written contract, including a contract

14 contingent upon State Board approval of the voting system or

15 voting system component, to sell, lease, or loan, a Direct

16 Recording Electronic Voting System or system component to any

17 election jurisdiction unless the system or system component is

18 first approved by the State Board of Elections pursuant to this

19 Section.

20 (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)

21 Section 905. The State Finance Act is amended by adding

22 Section 5.866 as follows:

23 (30 ILCS 105/5.866 new)

24 Sec. 5.866. The Illinois Election Integrity Fund.

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1 Section 910. The Illinois Income Tax Act is amended by

2 adding Section 507DDD as follows:

3 (35 ILCS 5/507DDD new)

4 Sec. 507DDD. The Illinois Election Integrity Fund

5 checkoff. For taxable years ending on or after December 31,

6 2015, the Department must print on its standard individual

7 income tax form a provision indicating that if the taxpayer

8 wishes to contribute to the Illinois Election Integrity Fund,

9 as authorized by the Illinois Election Integrity Act, he or she

10 may do so by stating the amount of the contribution (not less

11 than $3) on the return and that the contribution will reduce

12 the taxpayer's refund or increase the amount of payment to

13 accompany the return. Failure to remit any amount of increased

14 payment shall reduce the contribution accordingly. This

15 Section does not apply to any amended return.

16 Section 995. No acceleration or delay. Where this Act makes

17 changes in a statute that is represented in this Act by text

18 that is not yet or no longer in effect (for example, a Section

19 represented by multiple versions), the use of that text does

20 not accelerate or delay the taking effect of (i) the changes

21 made by this Act or (ii) provisions derived from any other

22 Public Act.

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1 INDEX

2 Statutes amended in order of appearance

3 New Act

4 10 ILCS 5/19A-75

5 10 ILCS 5/Art. 21B heading

6 new

7 10 ILCS 5/21B-5 new

8 10 ILCS 5/21B-10 new

9 10 ILCS 5/21B-15 new

10 10 ILCS 5/21B-20 new

11 10 ILCS 5/21B-25 new

12 10 ILCS 5/21B-30 new

13 10 ILCS 5/21B-35 new

14 10 ILCS 5/21B-40 new

15 10 ILCS 5/21B-45 new

16 10 ILCS 5/21B-50 new

17 10 ILCS 5/21B-55 new

18 10 ILCS 5/21B-60 new

19 10 ILCS 5/21B-65 new

20 10 ILCS 5/21B-70 new

21 10 ILCS 5/21B-75 new

22 10 ILCS 5/21B-80 new

23 10 ILCS 5/21B-85 new

24 10 ILCS 5/21B-90 new

25 10 ILCS 5/21B-95 new

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