Bill Text: IL HB4862 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Election Code. Authorizes election authorities to conduct risk-limiting audits before and after the certification of election results. Provides that the determination to conduct a risk-limiting audit, the scope of an audit, and the uses of the results of an audit are entirely within the discretion of the election authority. Requires the State Board of Elections to adopt rules for the creation of a certification process for certifying that the procedure to be used by an election authority comports with the specified requirements. Provides for waiver of the certification process. Defines "risk-limiting audit". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4862 Detail]

Download: Illinois-2017-HB4862-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4862 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
10 ILCS 5/22-19 new
Amends the Election Code. Authorizes election authorities to conduct risk-limiting audits before and after the certification of election results. Provides that the determination to conduct a risk-limiting audit, the scope of an audit, and the uses of the results of an audit are entirely within the discretion of the election authority. Requires the State Board of Elections to adopt rules for the creation of a certification process for certifying that the procedure to be used by an election authority comports with the specified requirements. Provides for waiver of the certification process. Defines "risk-limiting audit". Effective immediately.
LRB100 20421 MJP 35752 b
A BILL FOR
HB4862 LRB100 20421 MJP 35752 b
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 adding Section
22-19 as follows:
(10 ILCS 5/22-19 new)
Sec. 22-19. Risk-limiting election audits.
(a) Notwithstanding any other provision of law, an election
authority is authorized to conduct a risk-limiting audit before
the certification of the results of an election as provided
under Section 22-18. The determination to conduct a
risk-limiting audit, the scope of an audit, and the uses of the
results of an audit are entirely within the discretion of the
election authority. The provisions of the law regarding the
anonymity of the ballot and chain of custody shall be observed
in any process conducted under this subsection (a).
(b) Notwithstanding any other provision of law, an election
authority is authorized to conduct a risk-limiting audit after
the results of an election have been certified and the period
for filing an election contest has expired. The determination
to conduct a risk-limiting audit, the scope of an audit, and
the uses of the results of an audit are entirely within the
discretion of the election authority.

HB4862 - 2 - LRB100 20421 MJP 35752 b
(c) The State Board of Elections shall adopt rules to
create a certification process for certifying that the
procedure to be used by an election authority comports with the
requirements of this Section, uses generally-accepted
statistical methods, and meets the standards for best practices
to insure statistically sound results. Upon application by an
election authority, accompanied by a sufficient showing of the
statistical soundness of an election authority's risk-limiting
audit methods, the State Board of Elections may waive the
certification process requirement for that election authority,
notwithstanding the rules adopted under this subsection (c).
(d) For the purposes of this Section, "risk-limiting audit"
means a process of examining election materials, including
ballots, under an audit protocol that makes use of statistical
methods and is designed to limit the risk of the certification
of an incorrect election outcome. The method used in a
risk-limiting audit shall be capable of producing an outcome
that demonstrates a strong statistical likelihood that the
outcome of an election is correct.
Section 99. Effective date. This Act takes effect upon
becoming law.