Bill Text: IL HB3405 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the State Finance Act. Creates the Election Integrity Fund as a special fund in the State treasury. 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3405 Detail]

Download: Illinois-2015-HB3405-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3405 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED:
See Index
Amends the State Finance Act. Creates the Election Integrity Fund as a special fund in the State treasury. 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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 19A-75, 24B-2, 24B-16, 24C-2, 24C-9, and 24C-16 and by
adding Article 21B as follows:
(10 ILCS 5/19A-75)
(Text of Section before amendment by P.A. 98-1171)
Sec. 19A-75. Early voting in jurisdictions using Direct
Recording Electronic Voting Systems under Article 24C.
Election authorities that have adopted for use Direct Recording
Electronic Voting Systems under Article 24C may (i) either use
those voting systems to conduct early voting, provided that
each early voting polling place shall have available sufficient
paper ballots for those voters who request them, consistent
with the limitations set forth in subsection (b) of Section
19A-10, or (ii) , so long as at least one Direct Recording
Electronic Voting System device is available at each early
voting polling place, use whatever method the election
authority uses for absentee balloting conducted by mail;
provided that no early ballots are counted before the polls
close on election day.
(Source: P.A. 94-645, eff. 8-22-05.)

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(Text of Section after amendment by P.A. 98-1171)
Sec. 19A-75. Early voting in jurisdictions using Direct
Recording Electronic Voting Systems under Article 24C.
Election authorities that have adopted for use Direct Recording
Electronic Voting Systems under Article 24C may (i) either use
those voting systems to conduct early voting, provided that
each early voting polling place shall have available sufficient
paper ballots for those voters who request them, consistent
with the limitations set forth in subsection (b) of Section
19A-10, or (ii) , so long as at least one Direct Recording
Electronic Voting System device is available at each early
voting polling place, use whatever method the election
authority uses for vote by mail balloting; provided that no
early ballots are counted before the polls close on election
day.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/Art. 21B heading new)
ARTICLE 21B. AUDITS
(10 ILCS 5/21B-5 new)
Sec. 21B-5. Election day audit. There shall be conducted a
10% election day audit of all votes cast for each designated
race or proposition on election day.

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(10 ILCS 5/21B-10 new)
Sec. 21B-10. Scope of the audit. The 10% audit shall be
conducted for all races or propositions that meet the following
criteria:
(1) all statewide offices and propositions;
(2) all countywide offices and propositions;
(3) all federal races; and
(4) any municipal or other political sub-division or
taxing entity races where the number of registered voters
eligible to vote on that race or proposition exceeds 50,000
voters.
(10 ILCS 5/21B-15 new)
Sec. 21B-15. Time and place of the audit. The 10% audits
shall take place on election day as soon as practicable after
the close of the polls and shall take place at the location
where votes are originally counted (in-precinct for all votes
cast on election day and at the central counting location for
early voting, grace, and absentee ballots), provided that the
10% hand count shall be subordinate to and not interfere with
the reporting of election results.
(10 ILCS 5/21B-20 new)
Sec. 21B-20. Conduct. The election day audit shall be
conducted by election judges selected and appointed in the same
manner as set forth in Sections 13-1, 13-2, 14-1, 14-2, and

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14-3 of this Code. Election authorities may implement the
appointment of part-time judges, job-sharing, split shifts, or
other methods of allocating election judge resources to ensure
that sufficient judges are available to conduct the election
day audits in a timely and efficient manner.
(10 ILCS 5/21B-25 new)
Sec. 21B-25. Random selection of ballots to be examined.
(a) The election authority shall provide to each polling
place, precinct, or central counting location as appropriate
one set of 10 plastic disks, each imprinted on one or both
sides with a number from 1 to 10. Each disk shall have one such
number imprinted, with the same number on each side, and no 2
disks shall have the same number. In addition, a suitable
opaque container shall be provided sufficient to contain the
set.
(b) After the close of the polls and prior to the
commencement of the election day audit, the election judges
present shall select one of their number to place the numbered
disk in the container and shake the container sufficiently so
that the disks shall be in random order. The judges shall
select another of their number to select one such disk from the
container in such a manner that the selecting judge has no
knowledge of which disk he or she is selecting. The disk drawn
from the container shall be examined and the number of the disk
chosen publicly announced. That result shall indicate which

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ballots are to be examined, e.g. a result of 7 shall require
that the seventh and every tenth ballot thereafter be examined
(7, 17, 27, etc.). The result of the drawing shall be recorded
on the summary report section set forth in Section 21B-35.
(10 ILCS 5/21B-30 new)
Sec. 21B-30. Ballots or paper records to be examined.
(a) The election authority shall provide to each polling
place, precinct, or central counting location as appropriate
one self-inked consecutive numbering stamp capable of
numbering from 1 to 999,999.
(b) All paper ballots shall be placed in a single stack in
a random order as retrieved from the ballot boxes and each
ballot shall be stamped with a consecutive number, starting
with the number 1 until all ballots have been numbered.
(c) The starting number and tenth ballot thereafter shall
be examined in accordance with the selection number resulting
from the operation of Section 21B-25.
(d) For paper records printed by Direct Recording
Electronic (DRE) voting machines, the paper records shall be
examined in the order printed on the DRE produced paper records
selecting each starting and tenth paper record thereafter in
accordance with the selection number resulting from the
operation of Section 21B-25.
(e) For paper records printed by Direct Recording
Electronic (DRE) voting machines, only the human-readable

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portion of the paper record shall be used in the election day
audit. The use of bar codes or other human unreadable records
of votes shall not be permitted.
(10 ILCS 5/21B-35 new)
Sec. 21B-35. Reports.
(a) Prior to election day, the appropriate election
authority shall cause to be created and printed an audit
summary form that shall state the races and propositions to be
audited in accordance with Section 21B-10 and shall have
pre-printed spaces, boxes, or both in which the results of the
election day audit shall be recorded. This form shall also
include a reconciliation of all ballots counted by category,
such as provisional, federal only, standard, etc., and shall be
provided in sufficient number to all auditing locations to
facilitate the required distribution.
(b) Upon completion of the audit, 6 copies of the election
day audit summary shall be signed by all the judges
participating in the election day audit and shall be
distributed as follows:
(1) One copy shall be posted in the polling or counting
location in a manner that the election day audit summary is
clearly visible and available for public inspection for a
period of not less than one hour.
(2) Two copies shall be placed in the ballot box or
designated envelope or envelopes and transported to the

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election authority in the same manner as ballots.
(3) Three copies shall be made available on request to
pollwatchers or members of the public in that order of
preference.
(4) Pollwatchers and other observers in the polls may
take photographs of the posted copies without restriction.
(c) The audit reports from all in-precinct and central
counting locations shall be received by the election authority
and a consolidated report shall be prepared. The consolidated
reports shall be published by the election authority within 24
hours after the closing of the polls, and the authorities shall
certify the election day audit results and maintain both
consolidated and individual location reports in the same manner
and for the same period of time as ballots, except that copies
of consolidated and individual location reports shall be
available to the public upon request. If that election
authority maintains a public website, then the copies shall
also be made freely available to the public via the Internet
for a period of not less than 60 days.
(d) The certified Consolidated and individual location
reports shall be deemed admissible as evidence to the extent
permitted by law in any action for discovery or other recount.
(10 ILCS 5/21B-40 new)
Sec. 21B-40. Parallel, independent audits. There shall be
conducted an independent parallel tabulation and audit for each

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race or proposition in every election.
(10 ILCS 5/21B-45 new)
Sec. 21B-45. Authority. Each election authority shall be
empowered on behalf of all voters in that jurisdiction to
contract for, employ, or both contract for and employ one or
more independent auditors to conduct a parallel count and
tabulation of the results of every election conducted by the
election authority for every race and proposition in the
election.
(10 ILCS 5/21B-50 new)
Sec. 21B-50. Independent election audit committee. Each
election authority shall cause to be constituted an independent
election audit committee (EAC) of not less than 5 members, that
shall have as its primary duties: (1) the preparation of a
request for proposal (RFP) for the parallel election tabulation
and audit (PETA) and (2) the selection of the independent
auditor or auditors to perform such audit.
(10 ILCS 5/21B-55 new)
Sec. 21B-55. Time of convening. The election audit
committee for each jurisdiction shall convene at least 120 days
prior to election day and meet thereafter as often as shall be
deemed necessary and proper by its membership.

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(10 ILCS 5/21B-60 new)
Sec. 21B-60. Committee composition. The election audit
committee shall consist of the following members:
(1) One member appointed by each political party that
shall have had a candidate for jurisdiction-wide public
office in that jurisdiction on the ballot for the previous
general election, provided that the party shall have had at
least one candidate who received 10% of the ballots cast in
that election.
(2) Two members appointed by the election authority for
the jurisdiction.
(3) One election judge from each of the political
parties qualifying under paragraph (1) who has served as an
election judge in the most recent election conducted in
that jurisdiction and at least 2 previous elections. The
election judge members shall be selected by lot from among
the pool of available judges from the most recent election
conducted in that jurisdiction.
(10 ILCS 5/21B-65 new)
Sec. 21B-65. Request for proposal. Each election authority
shall issue a request for proposal (RFP) for a parallel
election tabulation and audit as prepared by the independent
election audit committee not less than 90 days before election
day. The proposals shall be examined and reviewed by the EAC,
and the election authority (or other governmental body with

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appropriation and contracting authority for the jurisdiction)
shall award the contract for the audit not less than 45 days
before each election.
(10 ILCS 5/21B-70 new)
Sec. 21B-70. Funding. The public accounting firm
conducting the PETA shall be paid from public funds
appropriated by each election jurisdiction and designated for
that purposes.
(10 ILCS 5/21B-75 new)
Sec. 21B-75. Contractor qualifications. To qualify to
submit a proposal, a potential PETA contractor shall include in
its response to the RFP:
(1) Evidence that it is a public accounting firm
licensed by the State of Illinois to perform financial audits.
(2) Provide evidence that upon awarding of a contract
to conduct the parallel election tabulation, the firm can post
a performance bond equal to $1 for every registered voter in
that jurisdiction.
(3) An agreement to submit a response to the RFP that
shall limit the aggregate amount to be paid the contractor to
not more than (i) $75 per precinct audited, (ii) $0.075 per
ballot or paper record counted and tallied at central counting
locations, or (iii) both (i) and (ii).
(4) A statement of performance secured by the

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performance bond in item (2) that above the parallel election
tabulation and audit shall be completed and public reports
submitted within the time limitations set forth in Section
21B-85.
(10 ILCS 5/21B-80 new)
Sec. 21B-80. Award. The public accounting firm awarded the
contract shall be granted access to any and all records of the
election, including but not limited to paper ballots, portable
computer memory devices from DREs, scanning devices, central
count devices, paper records, ballot generating software,
counting and tabulation software, computer logs and error
reports of all voting machines and central tabulation devices,
servers, communications protocols, databases of all types
including registration databases, pollwatcher and election
judge logs and reports, and any other records deemed relevant
to the conduct of the election as the auditing entity shall
deem necessary and reasonable for the conduct of the parallel
election tabulation and audit.
(10 ILCS 5/21B-85 new)
Sec. 21B-85. Reports.
(a) The public accounting firm shall produce an initial
results report within 72 hours after the close of the polls
that shall examine and comment on at least, but not limited to,
the following:

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(1) Whether proper procedures were used in the
compilation and tabulation of the 10% election day audit.
(2) Whether each voter's choices were accurately
summarized in the precinct or central count tallying.
(3) To the extent possible to determine from the
records available, that the central tabulation procedures,
equipment, and software functioned correctly and that the
totals reflected in the internal and public tabulation of
votes was consistent and accurate.
The auditing entity shall certify, with any exceptions
noted thereto, the tabulated results of each race or
proposition of the election as being accurate to the extent
that the winner of each race or the prevailing result for each
proposition is correct. For each and every race for which the
auditing entity is unable to certify, it shall state the
reasons therefore, citing specific circumstances as to why it
is unable to certify the outcome.
(b) The public accounting firm shall produce an operational
report within 21 days after the close of the polls that shall
examine and comment on at least, but not limited to, the
following:
(1) Pre-election preparation including the compiling
and production of registration and eligible voter lists,
including printed ballot applications and voter records in
electronic poll books, and candidate, voter, and
pollworker accessible records of eligibility.

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(2) Proper compiling and production of ballots, both
paper and electronic, as to completeness and accuracy for
each ballot style produced.
(3) Adequacy and completeness of training manuals,
election judge's manuals, voter instruction materials, and
other internal and public documents related to the
election.
(4) The election process during the time the polls were
open, including reports of machine failures, election
problems of all varieties, pollworkers and pollwatchers,
reports in order to determine and express an opinion of the
efficacy of the election process and to determine to the
extent possible that:
(A) All eligible voters were given an opportunity
to vote.
(B) Each voter received a proper and complete
ballot.
(C) Each voter's choices were properly recorded by
the electronic or mechanical machines used in the
voting process.
(b-5) The auditors of the parallel election tabulation
shall examine the processes used after the polls closed to
determine, to the extent possible from the records available,
if:
(1) All election materials were properly secured and
that a complete and unbroken chain of custody exists for

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all election materials.
(2) In the case where election authorities gather
election results through electronic transmission, either
through land lines or wireless networks, the transmissions
were secure, reliable, and accurate.
(c) The auditing entity shall produce a report that
adequately describes all problems associated with the election
process and to the extent possible the causes of those
problems.
(d) To the extent possible within the time constraints
imposed by the 21-day requirement, the auditing entity shall
include in its report recommendations for modifications to
procedures, equipment, or software that would eliminate
problems or improve the efficiency and accuracy of the process
in whatever stage examined or reported.
(10 ILCS 5/21B-90 new)
Sec. 21B-90. Availability and ownership of parallel
election tabulation and audit reports.
(a) The report of the auditing entity shall be public
property, in the public domain, and available to anyone upon
request and payment of a reasonable fee, subject to the
provisions of the Freedom of Information Act (5 ILCS 140/).
(b) If the election authority contracting for the parallel
election tabulation and audit report maintains a website, the
Report shall be posted on the publicly accessible portion of

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the website in an appropriate format for downloading and
printing by the public.
(10 ILCS 5/21B-95 new)
Sec. 21B-95. Legal effect. The parallel election
tabulation and audit reports shall be deemed admissible as
evidence to the extent permitted by law in any action for
discovery or other recount.
(10 ILCS 5/21B-100 new)
Sec. 21B-100. Illinois Election Integrity Fund. The
Illinois Election Integrity Fund is created as a special fund
in the State treasury. All voluntary citizen contributions
shall be deposited into the Fund. All moneys deposited into the
Fund shall be used by the Illinois Board of Elections to
administer this Fund and to use Fund proceeds for all required
election audits. Approximately $2,000,000 in funding shall be
required for the first election cycle covered under this Act.
The Department must print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Election Integrity Fund, he or she may do so
by stating the amount of the contribution on the return and
that the contribution will reduce the taxpayer's refund or
increase the amount of payment to accompany the return. Failure
to remit any amount of increase payment shall reduce the
contribution accordingly. This Section does not apply to any

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amended return. All proceeds from voluntary taxpayer checkoffs
shall provide additional funding to cover the administration of
this Act and the costs of required election audits.
(10 ILCS 5/24B-2)
Sec. 24B-2. Definitions. As used in this Article:
"Approved independent testing authority" means an
independent laboratory or authority certified by the federal
Election Assistance Commission (EAC).
"Computer", "automatic tabulating equipment" or
"equipment" includes apparatus necessary to automatically
examine and count votes as designated on ballots, and data
processing machines which can be used for counting ballots and
tabulating results.
"Ballot" means paper ballot sheets.
"Ballot configuration" means the particular combination of
political subdivision ballots including, for each political
subdivision, the particular combination of offices, candidate
names and questions as it appears for each group of voters who
may cast the same ballot.
"Ballot sheet" means a paper ballot printed on one or both
sides which is (1) designed and prepared so that the voter may
indicate his or her votes in designated areas, which must be
areas clearly printed or otherwise delineated for such purpose,
and (2) capable of having votes marked in the designated areas
automatically examined, counted, and tabulated by an

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electronic scanning process.
"Central counting" means the counting of ballots in one or
more locations selected by the election authority for the
processing or counting, or both, of ballots. A location for
central counting shall be within the territorial jurisdiction
of the election authority unless there is no suitable
tabulating equipment available within his territorial
jurisdiction. However, in any event a counting location shall
be within this State.
"Computer operator" means any person or persons designated
by the election authority to operate the automatic tabulating
equipment during any portion of the vote tallying process in an
election, but shall not include judges of election operating
vote tabulating equipment in the precinct.
"Computer program" or "program" means the set of operating
instructions for the automatic tabulating equipment that
examines, counts, tabulates, canvasses and prints votes
recorded by a voter on a ballot.
"Edit listing" means a computer generated listing of the
names of each candidate and proposition as they appear in the
program for each precinct.
"Header sheet" means a data processing document which is
coded to indicate to the computer the precinct identity of the
ballots that will follow immediately and may indicate to the
computer how such ballots are to be tabulated.
"In-precinct counting" means the counting of ballots on

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automatic tabulating equipment provided by the election
authority in the same precinct polling place in which those
ballots have been cast.
"Marking device" means a pen, computer, or other device
approved by the State Board of Elections for marking, or
causing to be marked, a paper ballot with ink or other
substance which will enable the ballot to be tabulated by
automatic tabulating equipment or by an electronic scanning
process.
"Precinct Tabulation Optical Scan Technology" means the
capability to examine a ballot through electronic means and
tabulate the votes at one or more counting places.
"Redundant count" means a verification of the original
computer count by another count using compatible equipment or
by hand as part of a discovery recount.
"Security designation" means a printed designation placed
on a ballot to identify to the computer program the offices and
propositions for which votes may be cast and to indicate the
manner in which votes cast should be tabulated while negating
any inadmissible votes.
"Separate ballot", with respect to ballot sheets, means a
separate portion of the ballot sheet which is clearly defined
by a border or borders or shading.
"Specimen ballot" means a representation of names of
offices and candidates and statements of measures to be voted
on which will appear on the official ballot or marking device

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on election day. The specimen ballot also contains the party
and position number where applicable.
"Voting defect identification" means the capability to
detect overvoted ballots or ballots which cannot be read by the
automatic tabulating equipment.
"Voting defects" means an overvoted ballot, or a ballot
which cannot be read by the automatic tabulating equipment.
"Voting system" or "electronic voting system" means that
combination of equipment and programs used in the casting,
examination and tabulation of ballots and the cumulation and
reporting of results by electronic means.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24B-16)
Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
Technology Voting Systems; Requisites. The State Board of
Elections shall approve all Precinct Tabulation Optical Scan
Technology voting systems provided by this Article that fulfill
the voluntary provisions and mandatory requirements of the
federal voting system standards pertaining to Precinct
Tabulation Optical Scan Technology voting systems promulgated
by the Federal Election Commission or the Election Assistance
Commission and that fulfill the testing requirements of an
approved independent testing authority.
No Precinct Tabulation Optical Scan Technology voting
system shall be approved unless it has been certified by the

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Federal Election Commission or the Election Assistance
Commission and fulfills the following requirements:
(a) It enables a voter to vote in absolute secrecy;
(b) (Blank);
(c) It enables a voter to vote a ticket selected in
part from the nominees of one party, and in part from the
nominees of any or all parties, and in part from
independent candidates, and in part of candidates whose
names are written in by the voter;
(d) It enables a voter to vote a written or printed
ticket of his or her own selection for any person for any
office for whom he or she may desire to vote;
(e) It will reject all votes for an office or upon a
proposition when the voter has cast more votes for the
office or upon the proposition than he or she is entitled
to cast;
(e-5) It will identify when a voter has not voted for
all statewide constitutional offices; and
(f) It will accommodate all propositions to be
submitted to the voters in the form provided by law or,
where no form is provided, then in brief form, not to
exceed 75 words.
The State Board of Elections shall not approve any voting
equipment or system that includes an external Infrared Data
Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its

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approval of a Precinct Tabulation Optical Scan Technology
voting system if the system fails to fulfill the above
requirements.
The vendor, person, or other private entity shall be solely
responsible for the production and cost of: all application
fees; all ballots; additional temporary workers; and other
equipment or facilities needed and used in the testing of the
vendor's, person's, or other private entity's respective
equipment and software.
Any voting system vendor, person, or other private entity
seeking the State Board of Elections' approval of a voting
system shall, as part of the approval application, submit to
the State Board a non-refundable fee. The State Board of
Elections by rule shall establish an appropriate fee structure,
taking into account the type of voting system approval that is
requested (such as approval of a new system, a modification of
an existing system, the size of the modification, etc.). No
voting system or modification of a voting system shall be
approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or
loan, or have a written contract, including a contract
contingent upon State Board approval of the voting system or
voting system component, to sell, lease, or loan, a voting
system or Precinct Tabulation Optical Scan Technology voting
system component to any election jurisdiction unless the voting
system or voting system component is first approved by the

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State Board of Elections pursuant to this Section.
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
(10 ILCS 5/24C-2)
Sec. 24C-2. Definitions. As used in this Article:
"Approved independent testing authority" means an
independent laboratory or authority certified by the federal
Election Assistance Commission (EAC).
"Audit trail" or "audit capacity" means a continuous trail
of evidence linking individual transactions related to the
casting of a vote, the vote count and the summary record of
vote totals, but which shall not allow for the identification
of the voter. It shall permit verification of the accuracy of
the count and detection and correction of problems and shall
provide a record of each step taken in: defining and producing
ballots and generating related software for specific
elections; installing ballots and software; testing system
readiness; casting and tabulating ballots; and producing
images of votes cast and reports of vote totals. The record
shall incorporate system status and error messages generated
during election processing, including a log of machine
activities and routine and unusual intervention by authorized
and unauthorized individuals. Also part of an audit trail is
the documentation of such items as ballots delivered and
collected, administrative procedures for system security,
pre-election testing of voting systems, and maintenance

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performed on voting equipment. All test plans, test results,
documentation, and other records used to plan, execute, and
record the results of the testing and verification, including
all material prepared or used by independent testing
authorities or other third parties, shall be made part of the
public record and shall be freely available via the Internet
and paper copy to anyone. "Audit trail" or "audit capacity"
also means that the voting system is capable of producing and
shall produce immediately after a ballot is cast a permanent
paper record of each ballot cast that shall be available as an
official record for any recount, redundant count, or
verification or retabulation of the vote count conducted with
respect to any election in which the voting system is used.
"Ballot" means an electronic audio or video display or any
other medium, including paper, used to record a voter's choices
for the candidates of their preference and for or against
public questions.
"Ballot configuration" means the particular combination of
political subdivision or district ballots including, for each
political subdivision or district, the particular combination
of offices, candidate names and public questions as it appears
for each group of voters who may cast the same ballot.
"Ballot image" means a corresponding representation in
electronic or paper form of the mark or vote position of a
ballot.
"Ballot label" or "ballot screen" means the display of

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material containing the names of offices and candidates and
public questions to be voted on.
"Central counting" means the counting of ballots in one or
more locations selected by the election authority for the
processing or counting, or both, of ballots. A location for
central counting shall be within the territorial jurisdiction
of the election authority unless there is no suitable
tabulating equipment available within his territorial
jurisdiction. However, in any event a counting location shall
be within this State.
"Computer", "automatic tabulating equipment" or
"equipment" includes apparatus necessary to automatically
examine and count votes as designated on ballots, and data
processing machines which can be used for counting ballots and
tabulating results.
"Computer operator" means any person or persons designated
by the election authority to operate the automatic tabulating
equipment during any portion of the vote tallying process in an
election, but shall not include judges of election operating
vote tabulating equipment in the precinct.
"Computer program" or "program" means the set of operating
instructions for the automatic tabulating equipment that
examines, records, displays, counts, tabulates, canvasses, or
prints votes recorded by a voter on a ballot or that displays
any and all information, graphics, or other visual or audio
information or images used in presenting voting information,

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instructions, or voter choices.
"Direct recording electronic voting system", "voting
system" or "system" means the total combination of mechanical,
electromechanical or electronic equipment, programs and
practices used to define ballots, cast and count votes, report
or display election results, maintain or produce any audit
trail information, identify all system components, test the
system during development, maintenance and operation, maintain
records of system errors and defects, determine specific system
changes to be made to a system after initial qualification, and
make available any materials to the voter such as notices,
instructions, forms or paper ballots.
"Edit listing" means a computer generated listing of the
names of each candidate and public question as they appear in
the program for each precinct.
"In-precinct counting" means the recording and counting of
ballots on automatic tabulating equipment provided by the
election authority in the same precinct polling place in which
those ballots have been cast.
"Marking device" means any device approved by the State
Board of Elections for marking a ballot so as to enable the
ballot to be recorded, counted and tabulated by automatic
tabulating equipment.
"Permanent paper record" means a paper record upon which
shall be printed in human readable form the votes cast for each
candidate and for or against each public question on each

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ballot recorded in the voting system. Each permanent paper
record shall be printed by the voting device upon activation of
the marking device by the voter and shall contain a unique,
randomly assigned identifying number that shall correspond to
the number randomly assigned by the voting system to each
ballot as it is electronically recorded.
"Redundant count" means a verification of the original
computer count of ballots by another count using compatible
equipment or other means as part of a discovery recount,
including a count of the permanent paper record of each ballot
cast by using compatible equipment, different equipment
approved by the State Board of Elections for that purpose, or
by hand.
"Separate ballot" means a separate page or display screen
of the ballot that is clearly defined and distinguishable from
other portions of the ballot.
"Voting device" or "voting machine" means an apparatus that
contains the ballot label or ballot screen and allows the voter
to record his or her vote.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
(10 ILCS 5/24C-9)
Sec. 24C-9. Testing of Direct Recording Electronic Voting
System Equipment and Programs; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the election
authority shall conduct an errorless pre-test of the Direct

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Recording Electronic Voting System equipment and programs to
determine that they will correctly detect voting defects and
count the votes cast for all offices and all public questions.
On any day not less than 5 days prior to use in an the election
day, the election authority shall publicly test the Direct
Recording Electronic Voting System equipment and programs to
determine that they will correctly detect voting errors and
accurately count the votes legally cast for all offices and on
all public questions. Public notice of the time and place of
the test shall be given at least 48 hours before the test by
publishing the notice in one or more newspapers within the
election jurisdiction of the election authority, if a newspaper
is published in that jurisdiction. If a newspaper is not
published in that jurisdiction, notice shall be published in a
newspaper of general circulation in that jurisdiction. Timely
written notice stating the date, time, and location of the
public test shall also be provided to the State Board of
Elections. The test shall be open to representatives of the
political parties, the press, representatives of the State
Board of Elections, and the public. The test shall be conducted
by entering a pre- audited group of votes designed to record a
predetermined number of valid votes for each candidate and on
each public question, and shall include for each office one or
more ballots having votes exceeding the number allowed by law
to test the ability of the automatic tabulating equipment to
reject the votes. The test shall also include producing an edit

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listing. In those election jurisdictions where in-precinct
counting equipment is used, a public test of both the equipment
and program shall be conducted as nearly as possible in the
manner prescribed above. The State Board of Elections may
select as many election jurisdictions as the Board deems
advisable in the interests of the election process of this
State, to order a special test of the automatic tabulating
equipment and program before any regular election. The Board
may order a special test in any election jurisdiction where,
during the preceding 12 months, computer programming errors or
other errors in the use of System resulted in vote tabulation
errors. Not less than 30 days before any election, the State
Board of Elections shall provide written notice to those
selected jurisdictions of their intent to conduct a test.
Within 5 days of receipt of the State Board of Elections'
written notice of intent to conduct a test, the selected
jurisdictions shall forward to the principal office of the
State Board of Elections a copy of all specimen ballots. The
State Board of Elections' tests shall be conducted and
completed not less than 2 days before the public test and under
the supervision of the Board. The vendor, person, or other
private entity shall be solely responsible for the production
and cost of: all ballots; additional temporary workers; and
other equipment or facilities needed and used in the testing of
the vendor's, person's, or other private entity's respective
equipment and software. After an errorless test, materials used

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in the public test, including the program, if appropriate,
shall be sealed and remain sealed until the test is run again
on election day. If any error is detected, the cause of the
error shall be determined and corrected, and an errorless
public test shall be made before the automatic tabulating
equipment is approved. Each election authority shall file a
sealed copy of each tested program to be used within its
jurisdiction at an election with the State Board of Elections
before the election. The Board shall secure the program or
programs of each election jurisdiction so filed in its office
until the next election of the same type (general primary,
general election, consolidated primary, or consolidated
election) for which the program or programs were filed. At the
expiration of that time, if no election contest or appeal is
pending in an election jurisdiction, the Board shall destroy
the sealed program or programs. Except where in-precinct
counting equipment is used, the test shall be repeated
immediately before the start of the official counting of the
ballots, in the same manner as set forth above. After the
completion of the count, the test shall be re-run using the
same program. Immediately after the re-run, all material used
in testing the program and the programs shall be sealed and
retained under the custody of the election authority for a
period of 60 days. At the expiration of that time the election
authority shall destroy the voted ballots, together with all
unused ballots returned from the precincts. Provided, if any

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contest of election is pending at the time in which the ballots
may be required as evidence and the election authority has
notice of the contest, the same shall not be destroyed until
after the contest is finally determined. If the use of back-up
equipment becomes necessary, the same testing required for the
original equipment shall be conducted.
(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
(10 ILCS 5/24C-16)
Sec. 24C-16. Approval of Direct Recording Electronic
Voting Systems; Requisites. The State Board of Elections shall
approve all Direct Recording Electronic Voting Systems that
fulfill the functional requirements provided by Section 24C-11
of this Code, voluntary provisions and the mandatory
requirements of the federal voting system standards pertaining
to Direct Recording Electronic Voting Systems promulgated by
the Federal Election Commission or the Election Assistance
Commission, the testing requirements of an approved
independent testing authority and the rules of the State Board
of Elections.
The State Board of Elections shall not approve any Direct
Recording Electronic Voting System that (i) has not been
certified by the Federal Election Commission or the Election
Assistance Commission or (ii) includes an external Infrared
Data Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its

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approval of a Direct Recording Electronic Voting System if the
System, once approved, fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely
responsible for the production and cost of: all application
fees; all ballots; additional temporary workers; and other
equipment or facilities needed and used in the testing of the
vendor's, person's, or other private entity's respective
equipment and software.
Any voting system vendor, person, or other private entity
seeking the State Board of Elections' approval of a voting
system shall, as part of the approval application, submit to
the State Board a non-refundable fee. The State Board of
Elections by rule shall establish an appropriate fee structure,
taking into account the type of voting system approval that is
requested (such as approval of a new system, a modification of
an existing system, the size of the modification, etc.). No
voting system or modification of a voting system shall be
approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or
loan, or have a written contract, including a contract
contingent upon State Board approval of the voting system or
voting system component, to sell, lease, or loan, a Direct
Recording Electronic Voting System or system component to any
election jurisdiction unless the system or system component is
first approved by the State Board of Elections pursuant to this
Section.

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(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
Section 10. The State Finance Act is amended by adding
Section 5.866 as follows:
(30 ILCS 105/5.866 new)
Sec. 5.866. The Election Integrity Fund.
HB3405 - 33 - LRB099 09054 SXM 29243 b
INDEX
Statutes amended in order of appearance
10 ILCS 5/19A-75
10 ILCS 5/Art. 21B heading
new
10 ILCS 5/21B-5 new
10 ILCS 5/21B-10 new
10 ILCS 5/21B-15 new
10 ILCS 5/21B-20 new
10 ILCS 5/21B-25 new
10 ILCS 5/21B-30 new
10 ILCS 5/21B-35 new
10 ILCS 5/21B-40 new
10 ILCS 5/21B-45 new
10 ILCS 5/21B-50 new
10 ILCS 5/21B-55 new
10 ILCS 5/21B-60 new
10 ILCS 5/21B-65 new
10 ILCS 5/21B-70 new
10 ILCS 5/21B-75 new
10 ILCS 5/21B-80 new
10 ILCS 5/21B-85 new
10 ILCS 5/21B-90 new
10 ILCS 5/21B-95 new
10 ILCS 5/21B-100 new
HB3405 - 34 - LRB099 09054 SXM 29243 b