Bill Text: IL SB3486 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that the State Board of Elections shall provide written notice not less than 60 days (rather than 30 days) before an election to selected jurisdictions of its intent to conduct a test of the automatic tabulating equipment and program. Provides that within 15 days (rather than 5 days) of receipt of the State Board of Elections' written notice of intent to conduct a test, the selected jurisdictions shall forward a copy of all specimen ballots to the State Board of Elections. Changes the title of the Direct Recording Electronic Voting Systems Article to the Direct Recording Electronic Tabulators and Electronic Ballot Marking Devices Article. Changes references to "direct recording voting system" to "direct recording electronic tabulator" throughout the Article. Changes references to "marking device" to "electronic ballot marking device" throughout the Article. Changes references to "public measures" to "public questions" throughout the Act. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3486 Detail]

Download: Illinois-2019-SB3486-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3486 Introduced 2/13/2020, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
See Index
Amends the Election Code. Provides that the State Board of Elections shall provide written notice not less than 60 days (rather than 30 days) before an election to selected jurisdictions of its intent to conduct a test of the automatic tabulating equipment and program. Provides that within 15 days (rather than 5 days) of receipt of the State Board of Elections' written notice of intent to conduct a test, the selected jurisdictions shall forward a copy of all specimen ballots to the State Board of Elections. Changes the title of the Direct Recording Electronic Voting Systems Article to the Direct Recording Electronic Tabulators and Electronic Ballot Marking Devices Article. Changes references to "direct recording voting system" to "direct recording electronic tabulator" throughout the Article. Changes references to "marking device" to "electronic ballot marking device" throughout the Article. Changes references to "public measures" to "public questions" throughout the Act. Makes other changes. Effective immediately.
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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 the
heading of Article 24C and Sections 24B-2, 24B-4, 24B-6, 24B-9,
24C-1, 24C-2, 24C-3, 24C-3.1, 24C-4, 24C-5, 24C-5.1, 24C-5.2,
24C-6, 24C-6.1, 24C-7, 24C-8, 24C-9, 24C-10, 24C-11, 24C-12,
24C-13, 24C-14, 24C-15, 24C-15.01, 24C-15.1, 24C-16, 24C-17,
24C-18, 24C-19, and 28-9 as follows:
(10 ILCS 5/24B-2)
Sec. 24B-2. Definitions. As used in this Article:
"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

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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
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.
"Direct recording electronic tabulator" means an
electronic tabulator that provides a ballot display provided
with mechanical or electro-optical devices that can be

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activated by the voters to mark their choices for the
candidates of their preference and for or against public
questions and be capable of instantaneously recording such
votes, storing such votes, producing a permanent paper record,
and tabulating such votes at the precinct or at one or more
counting stations.
"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
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.

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"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
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 the
total that combination of mechanical, electromechanical, or
electronic equipment, and programs, and practices used to
define ballots; cast and count votes; report or display
election results; maintain and produce any audit trail

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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. 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-4)
Sec. 24B-4. Use of Precinct Tabulation Optical Scan
Technology System; Requisites; Applicable procedure. Precinct
Tabulation Optical Scan Technology voting systems may be used
in elections provided that the Precinct Tabulation Optical Scan
Technology systems enable the voter to cast a vote for all
offices and on all public questions measures on which he or she
is entitled to vote, and that the automatic Precinct Tabulation
Optical Scan Technology tabulating equipment may be set to
return any ballot sheet on which the number of votes for an
office or proposition exceeds the number of votes which the
voter is entitled to cast, or any ballot sheet which cannot be
read by the automatic tabulating equipment, and provided that
such systems are approved for use by the State Board of
Elections.
So far as applicable, the procedure provided for voting

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paper ballots shall apply when Precinct Tabulation Optical Scan
Technology electronic voting systems are used. However, the
provisions of this Article 24B will govern when there are
conflicts.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/24B-6)
Sec. 24B-6. Ballot Information; Arrangement; Electronic
Precinct Tabulation Optical Scan Technology Voting System;
Vote by Mail Ballots; Spoiled Ballots. The ballot information,
shall, as far as practicable, be in the order of arrangement
provided for paper ballots, except that the information may be
in vertical or horizontal rows, or on a number of separate
pages or displays on the marking device. Ballots for all
questions or propositions to be voted on should be provided in
a similar manner and must be arranged on the ballot sheet or
marking device in the places provided for such purposes.
Ballots shall be of white paper unless provided otherwise by
administrative rule of the State Board of Elections or
otherwise specified.
All propositions, including but not limited to
propositions calling for a constitutional convention,
constitutional amendment, judicial retention, and public
questions measures to be voted upon shall be placed on separate
portions of the ballot sheet or marking device by utilizing
borders or grey screens. Candidates shall be listed on a

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separate portion of the ballot sheet or marking device by
utilizing borders or grey screens. Whenever a person has
submitted a declaration of intent to be a write-in candidate as
required in Sections 17-16.1 and 18-9.1, a line or lines on
which the voter may select a write-in candidate shall be
printed below the name of the last candidate nominated for such
office. Such line or lines shall be proximate to an area
provided for marking votes for the write-in candidate or
candidates. The number of write-in lines for an office shall
equal the number of persons who have filed declarations of
intent to be write-in candidates plus an additional line or
lines for write-in candidates who qualify to file declarations
to be write-in candidates under Sections 17-16.1 and 18-9.1
when the certification of ballot contains the words "OBJECTION
PENDING" next to the name of that candidate, up to the number
of candidates for which a voter may vote. In the case of
write-in lines for the offices of Governor and Lieutenant
Governor, 2 lines shall be printed within a bracket and a
single square shall be printed in front of the bracket. More
than one amendment to the constitution may be placed on the
same portion of the ballot sheet or marking device.
Constitutional convention or constitutional amendment
propositions shall be printed or displayed on a separate
portion of the ballot sheet or marking device and designated by
borders or grey screens, unless otherwise provided by
administrative rule of the State Board of Elections. More than

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one public question measure or proposition may be placed on the
same portion of the ballot sheet or marking device. More than
one proposition for retention of judges in office may be placed
on the same portion of the ballot sheet or marking device.
Names of candidates shall be printed in black. The party
affiliation of each candidate or the word "independent" shall
appear near or under the candidate's name, and the names of
candidates for the same office shall be listed vertically under
the title of that office, on separate pages of the marking
device, or as otherwise approved by the State Board of
Elections. If no candidate or candidates file for an office and
if no person or persons file a declaration as a write-in
candidate for that office, then below the title of that office
the election authority instead shall print "No Candidate". In
the case of nonpartisan elections for officers of political
subdivisions, unless the statute or an ordinance adopted
pursuant to Article VII of the Constitution requires otherwise,
the listing of nonpartisan candidates shall not include any
party or "independent" designation. Judicial retention
questions and ballot questions for all public questions
measures and other propositions shall be designated by borders
or grey screens on the ballot or marking device. In primary
elections, a separate ballot, or displays on the marking
device, shall be used for each political party holding a
primary, with the ballot or marking device arranged to include
names of the candidates of the party and public questions

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measures and other propositions to be voted upon on the day of
the primary election.
If the ballot includes both candidates for office and
public questions measures or propositions to be voted on, the
election official in charge of the election shall divide the
ballot or displays on the marking device in sections for
"Candidates" and "Propositions", or separate ballots may be
used.
Vote by Mail ballots may consist of envelopes, paper
ballots, or ballot sheets. Where a Precinct Tabulation Optical
Scan Technology ballot is used for voting by mail it must be
accompanied by voter instructions.
Any voter who spoils his or her ballot, makes an error, or
has a ballot returned by the automatic tabulating equipment may
return the ballot to the judges of election and get another
ballot.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/24B-9)
Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
Technology Equipment and Program; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the election
authority shall conduct an errorless pre-test of the automatic
Precinct Tabulation Optical Scan Technology tabulating
equipment and program and marking device to determine that they
will correctly detect Voting Defects and count the votes cast

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for all offices, candidates, and all public questions measures.
On any day not less than 5 days prior to the election day, the
election authority shall publicly test the automatic Precinct
Tabulation Optical Scan Technology tabulating equipment and
program to determine that they will correctly detect Voting
Defects and count the votes cast for all offices, candidates,
and on all public questions measures. 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 processing a preaudited group of ballots marked to
record a predetermined number of valid votes for each candidate
and on each public question measure, 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 or marking device to reject the votes. The test shall
also include producing an edit listing. In those election
jurisdictions where in-precinct counting equipment is used, a

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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
electronic voting systems resulted in vote tabulation errors.
Not less than 60 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 15 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 in the public
test, including the program, if appropriate, shall be sealed

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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 contest of election is pending at the time in
which the ballots may be required as evidence and the election

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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/Art. 24C heading)
ARTICLE 24C. DIRECT RECORDING ELECTRONIC TABULATORS AND
ELECTRONIC BALLOT MARKING DEVICES VOTING SYSTEMS
(10 ILCS 5/24C-1)
Sec. 24C-1. Purpose. The purpose of this Article is to
authorize the use of direct recording electronic tabulators and
electronic ballot marking devices Direct Recording Electronic
Voting Systems approved by the State Board of Elections. In a
Direct Recording Electronic direct recording electronic
tabulator or electronic ballot marking device Voting System,
voters cast votes by means of a ballot display provided with
mechanical or electro-optical devices that can be activated by
the voters to mark their choices for the candidates of their
preference and for or against public questions. Direct
recording electronic tabulators Such voting devices shall be
capable of instantaneously recording such votes, storing such
votes, producing a permanent paper record and tabulating such
votes at the precinct or at one or more counting stations.
Electronic ballot marking devices shall be capable of

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instantaneously marking such votes, producing a permanent
paper record, and enabling such votes to be tabulated at the
precinct or at one or more counting stations. This Article
authorizes the use of direct recording electronic tabulators
and electronic ballot marking devices Direct Recording
Electronic Voting Systems for in-precinct counting
applications and for early voting in the office of the election
authority and in the offices of local officials authorized by
the election authority to conduct such early voting. All other
early ballots must be counted at the office of the election
authority.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/24C-2)
Sec. 24C-2. Definitions. As used in this Article:
"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

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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
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

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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
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

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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,
instructions, or voter choices.
"Direct recording electronic tabulator voting system",
"voting system" or "system" means an electronic tabulator that
provides a ballot display provided with mechanical or
electro-optical devices that can be activated by the voters to
mark their choices for the candidates of their preference and
for or against public questions and be capable of
instantaneously recording such votes, storing such votes,
producing a permanent paper record, and tabulating such votes
at the precinct or at one or more counting stations. 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.

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"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.
"Electronic ballot marking device Marking device" means
any electronic 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
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

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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.
"Voting system" or "system" means the total combination of
mechanical, electro-mechanical, 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.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
(10 ILCS 5/24C-3)
Sec. 24C-3. Adoption, experimentation or abandonment of
direct recording electronic tabulators and electronic ballot
marking devices Direct Recording Electronic Voting System;
boundaries Boundaries of precincts; notice Notice. Except as
otherwise provided in this Section, any county board, board of
county commissioners and any board of election commissioners,

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with respect to territory within its jurisdiction, may adopt,
experiment with, or abandon a direct electronic tabulator or
electronic ballot marking device Direct Recording Electronic
Voting System approved for use by the State Board of Elections
and may use such System in all or some of the precincts within
its jurisdiction, or in combination with paper ballots or other
voting systems. Any county board, board of county commissioners
or board of election commissioners may contract for the
tabulation of votes at a location outside its territorial
jurisdiction when there is no suitable tabulating equipment
available within its territorial jurisdiction. In no case may a
county board, board of county commissioners or board of
election commissioners contract or arrange for the purchase,
lease or loan of a direct recording electronic tabulator,
electronic ballot marking device, Direct Recording Electronic
Voting System or system System component without the approval
of the State Board of Elections as provided by Section 24C-16.
Before any direct recording electronic tabulator or
electronic ballot marking device Direct Recording Electronic
Voting System is introduced, adopted or used in any precinct or
territory at least 2 months public notice must be given before
the date of the first election where the system System is to be
used. The election authority shall publish the notice at least
once in one or more newspapers published within the county or
other jurisdiction, where the election is held. If there is no
such newspaper, the notice shall be published in a newspaper

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published in the county and having a general circulation within
such jurisdiction. The notice shall be substantially as
follows:
"Notice is hereby given that on ... (give date) ..., at ...
(give place where election is held) ... in the county of ...,
an election will be held for ... (give name of offices to be
filled) ... at which a direct recording electronic tabulator or
electronic ballot marking device Direct Recording Electronic
Voting System will be used."
Dated at ... this ... day of ... 20....?
This notice referred to shall be given only at the first
election at which the direct recording electronic tabulator or
electronic ballot marking device Direct Recording Electronic
Voting System is used.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-3.1)
Sec. 24C-3.1. Retention or consolidation or alteration of
existing precincts; change Change of location. When a direct
recording electronic tabulator or electronic ballot marking
device Direct Recording Electronic Voting System is used, the
county board or board of election commissioners may retain
existing precincts or may consolidate, combine, alter,
decrease or enlarge the boundaries of the precincts to change
the number of registered voters of the precincts using the
System, establishing the number of registered voters within

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each precinct at a number not to exceed 800 as the appropriate
county board or board of election commissioners determines will
afford adequate voting facilities and efficient and economical
elections.
Except in the event of a fire, flood or total loss of heat
in a place fixed or established pursuant to law by any county
board or board of election commissioners as a polling place for
an election, no election authority shall change the location of
a polling place established for any precinct after notice of
the place of holding the election for that precinct has been
given as required under Article 12 unless the election
authority notifies all registered voters in the precinct of the
change in location by first class mail in sufficient time for
the notice to be received by the registered voters in the
precinct at least one day prior to the date of the election.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-4)
Sec. 24C-4. Use of direct recording electronic tabulators
and electronic ballot marking devices Direct Recording
Electronic Voting System; requisites Requisites; applicable
procedure Applicable procedure. Direct recording electronic
tabulators and electronic ballot marking devices Recording
Electronic Voting Systems may be used in elections provided
that such systems Systems are approved for use by the State
Board of Elections. So far as applicable, the procedure

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provided for voting paper ballots shall apply when direct
recording electronic tabulators or electronic ballot marking
devices Direct Recording Electronic Voting Systems are used.
However, the provisions of this Article 24C will govern when
there are conflicts.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-5)
Sec. 24C-5. Voting stations Stations. In precincts where a
direct recording electronic tabulator or electronic ballot
marking device Direct Recording Electronic Voting System is
used, a sufficient number of voting stations shall be provided
for the use of the system System according to the requirements
determined by the State Board of Elections. Each station shall
be placed in a manner so that no judge of election or
pollwatcher is able to observe a voter casting a ballot.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-5.1)
Sec. 24C-5.1. Instruction of voters Voters; instruction
model Instruction Model; partiality Partiality to political
party Political Party; manner Manner of instruction
Instruction. Before entering the voting booth each voter shall
be offered instruction in using the direct recording electronic
tabulator or electronic ballot marking device Direct Recording
Electronic Voting System. In instructing voters, no precinct

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official may show partiality to any political party or
candidate. The duties of instruction shall be discharged by a
judge from each of the political parties represented and they
shall alternate serving as instructor so that each judge shall
serve a like time at such duties. No instructions may be given
inside a voting booth after the voter has entered the voting
booth.
No precinct official or person assisting a voter may in any
manner request, suggest, or seek to persuade or induce any
voter to cast his or her vote for any particular ticket,
candidate, amendment, question or proposition. All
instructions shall be given by precinct officials in a manner
that it may be observed by other persons in the polling place.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-5.2)
Sec. 24C-5.2. Demonstration of direct recording electronic
tabulators and electronic ballot marking devices Direct
Recording Electronic Voting System; placement Placement in
public library Public Library. When a direct recording
electronic tabulator or electronic ballot marking device
Direct Recording Electronic Voting System is used in a
forthcoming election, the election authority may provide, for
the purpose of instructing voters in the election, one
demonstrator direct recording electronic tabulator or
electronic ballot marking device Direct Recording Electronic

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Voting System unit for placement in any public library or in
any other public or private building within the political
subdivision where the election occurs. If the placement of a
demonstrator takes place it shall be made available at least 30
days before the election.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-6)
Sec. 24C-6. Ballot information Information; arrangement
Arrangement; direct recording electronic tabulators Direct
Recording Electronic Voting System; electronic ballot marking
devices; vote Vote by mail ballots Mail Ballots; spoiled
ballots Spoiled Ballots. The ballot information, shall, as far
as practicable, be in the order of arrangement provided for
paper ballots, except that the information may be in vertical
or horizontal rows, or on a number of separate pages or display
screens.
Ballots for all public questions to be voted on should be
provided in a similar manner and must be arranged on the ballot
in the places provided for such purposes. All public questions,
including but not limited to public questions calling for a
constitutional convention, constitutional amendment, or
judicial retention, shall be placed on the ballot separate and
apart from candidates. Ballots for all public questions shall
be clearly designated by borders or different color screens.
More than one amendment to the constitution may be placed on

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the same portion of the ballot sheet. Constitutional convention
or constitutional amendment propositions shall be placed on a
separate portion of the ballot and designated by borders or
unique color screens, unless otherwise provided by
administrative rule of the State Board of Elections. More than
one public question may be placed on the same portion of the
ballot. More than one proposition for retention of judges in
office may be placed on the same portion of the ballot.
The party affiliation, if any, of each candidate or the
word "independent", where applicable, shall appear near or
under the candidate's name, and the names of candidates for the
same office shall be listed vertically under the title of that
office. In the case of nonpartisan elections for officers of
political subdivisions, unless the statute or an ordinance
adopted pursuant to Article VII of the Constitution requires
otherwise, the listing of nonpartisan candidates shall not
include any party or "independent" designation. If no candidate
or candidates file for an office and if no person or persons
file a declaration as a write-in candidate for that office,
then below the title of that office the election authority
shall print "No Candidate". In primary elections, a separate
ballot shall be used for each political party holding a
primary, with the ballot arranged to include names of the
candidates of the party and public questions and other
propositions to be voted upon on the day of the primary
election.

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If the ballot includes both candidates for office and
public questions or propositions to be voted on, the election
official in charge of the election shall divide the ballot in
sections for "Candidates" and "Public Questions", or separate
ballots may be used.
Any voter who spoils his or her ballot, makes an error, or
has a ballot rejected by the automatic tabulating equipment
shall be provided a means of correcting the ballot or obtaining
a new ballot prior to casting his or her ballot.
Any election authority using a direct recording electronic
tabulator or electronic ballot marking device Direct Recording
Electronic Voting System may use voting systems approved for
use under Articles 24A or 24B of this Code in conducting vote
by mail or early voting.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/24C-6.1)
Sec. 24C-6.1. Security designation Designation. In all
elections conducted under this Article, ballots shall have a
security designation. In precincts where more than one ballot
configuration may be voted upon, ballots shall have a different
security designation for each ballot configuration. If a
precinct has only one possible ballot configuration, the
ballots must have a security designation to identify the
precinct and the election. Where ballots from more than one
precinct are being tabulated, the ballots from each precinct

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must be clearly identified; official results shall not be
generated unless the precinct identification for any precinct
corresponds. When the tabulating equipment being used requires
entering the program immediately before tabulating the ballots
for each precinct, the precinct program may be used. The direct
recording electronic tabulator or electronic ballot marking
device Direct Recording Electronic Voting System shall be
designed to ensure that the proper ballot is selected for each
polling place and for each ballot configuration and that the
format can be matched to the software or firmware required to
interpret it correctly. The system shall provide a means of
programming each piece of equipment to reflect the ballot
requirements of the election and shall include a means for
validating the correctness of the program and of the program's
installation in the equipment or in a programmable memory
device.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-7)
Sec. 24C-7. Write-in ballots Write-In Ballots. A direct
recording electronic tabulator or electronic ballot marking
device Direct Recording Electronic Voting System shall provide
an acceptable method for a voter to vote for a person whose
name does not appear on the ballot using the same apparatus
used to record votes for candidates whose names do appear on
the ballot. Election authorities utilizing direct recording

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electronic tabulators or electronic ballot marking devices
Direct Recording Electronic Voting Systems shall not use
separate write-in ballots.
Whenever a person has submitted a declaration of intent to
be a write-in candidate as required in Sections 17-16.1 and
18-9.1, a space or spaces in which the name of a candidate or
candidates may be written in or recorded by the voter shall
appear below the name of the last candidate nominated for such
office. The number of write-in lines for an office shall equal
the number of persons who have filed declarations of intent to
be write-in candidates plus an additional line or lines for
write-in candidates who qualify to file declarations to be
write-in candidates under Section 17-16.1 or 18-9.1 when the
certification of ballot contains the words "OBJECTION PENDING"
next to the name of the candidate, up to the number of
candidates for which a voter may vote.
(Source: P.A. 95-862, eff. 8-19-08.)
(10 ILCS 5/24C-8)
Sec. 24C-8. Preparation for use Use; comparison of ballots
Comparison of Ballots; operational checks Operational Checks
of direct recording electronic tabulators and electronic
ballot marking devices Direct Recording Electronic Voting
Systems Equipment; pollwatchers Pollwatchers. The county clerk
or board of election commissioners shall cause the approved
direct recording tabulator Direct Recording Electronic Voting

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System equipment or electronic ballot marking devices to be
delivered to the polling places. Before the opening of the
polls, all direct recording electronic tabulators or
electronic ballot marking device utilized as a tabulator Direct
Recording Voting System devices shall provide a printed record
of the following, upon verification of the authenticity of the
commands by a judge of election: the election's identification
data, the equipment's unit identification, the ballot's format
identification, the contents of each active candidate register
by office and of each active public question register showing
that they contain all zeros, all ballot fields that can be used
to invoke special voting options, and other information needed
to ensure the readiness of the equipment, and to accommodate
administrative reporting requirements.
The direct recording electronic tabulator or electronic
ballot marking device utilized as a tabulator Direct Recording
Electronic Voting System shall provide a means of opening the
polling place and readying the equipment for the casting of
ballots. Such means shall incorporate a security seal, a
password, or a data code recognition capability to prevent
inadvertent or unauthorized actuation of the poll-opening
function. If more than one step is required, it shall enforce
their execution in the proper sequence.
Pollwatchers as provided by law shall be permitted to
closely observe the judges in these procedures and to
periodically inspect the direct recording electronic tabulator

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or electronic ballot marking device Direct Recording
Electronic Voting System equipment when not in use by the
voters.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-9)
Sec. 24C-9. Testing of direct recording electronic
tabulators and electronic ballot marking device equipment and
programs Direct Recording Electronic Voting System Equipment
and Programs; custody of programs Custody of Programs, test
materials and ballots Test Materials and Ballots. Prior to the
public test, the election authority shall conduct an errorless
pre-test of the direct recording electronic tabulator or
electronic ballot marking device Direct Recording Electronic
Voting System equipment and programs to determine that they
will correctly detect voting defects and count the votes cast
for all offices, candidates and all public questions. On any
day not less than 5 days prior to the election day, the
election authority shall publicly test the direct recording
electronic tabulator or electronic ballot marking device
Direct Recording Electronic Voting System equipment and
programs to determine that it they will correctly detect voting
errors and accurately count the votes legally cast for all
offices and candidates 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

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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 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

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of System resulted in vote tabulation errors. Not less than 60
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 15 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 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

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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
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-10)
Sec. 24C-10. Recording of votes by direct recording
electronic tabulators and electronic ballot marking devices

SB3486 - 35 - LRB101 20148 SMS 69687 b
Direct Recording Electronic Voting Systems.
Whenever a direct recording electronic tabulator Direct
Recording Electronic Voting System is used to automatically
record and count the votes on ballots or, in the case of an
electronic ballot marking device, mark the votes on a ballot,
the provisions of this Section shall apply. A voter shall cast
a proper vote on a ballot by marking the designated area for
the casting of a vote for any party or candidate or for or
against any public question. For this purpose, a mark is an
intentional selection of the designated area on the ballot by
appropriate means and which is not otherwise an identifying
mark.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-11)
Sec. 24C-11. Functional requirements. A direct recording
electronic tabulator or electronic ballot marking device
Direct Recording Electronic Voting System shall, in addition to
satisfying the other requirements of this Article, fulfill the
following functional requirements:
(a) Provide a voter in a primary election with the means of
casting a ballot containing votes for any and all candidates of
the party or parties of his or her choice, and for any and all
non-partisan candidates and public questions and preclude the
voter from voting for any candidate of any other political
party except when legally permitted. In a general election, the

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system shall provide the voter with means of selecting the
appropriate number of candidates for any office, and of voting
on any public question on the ballot to which he or she is
entitled to vote.
(b) If a voter is not entitled to vote for particular
candidates or public questions appearing on the ballot, the
system shall prevent the selection of the prohibited votes.
(c) Once the proper ballot has been selected, the system
devices shall provide a means of enabling the recording of
votes and the casting of said ballot or, in the case of an
electronic ballot marking device, enable the recording of votes
in order to be cast on an electronic tabulating device.
(d) System voting devices shall provide voting choices that
are clear to the voter and labels indicating the names of every
candidate and the text of every public question on the voter's
ballot. Each label shall identify the selection button or
switch, or the active area of the ballot associated with it.
The system shall be able to incorporate minimal, easy-to-follow
on-screen instruction for the voter on how to cast a ballot.
(e) Voting devices shall (i) enable the voter to vote for
any and all candidates and public questions appearing on the
ballot for which the voter is lawfully entitled to vote, in any
legal number and combination; (ii) detect and reject all votes
for an office or upon a public question when the voter has cast
more votes for the office or upon the public question than the
voter is entitled to cast; (iii) notify the voter if the

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voter's choices as recorded on the ballot for an office or
public question are fewer than or exceed the number that the
voter is entitled to vote for on that office or public question
and the effect of casting more or fewer votes than legally
permitted; (iv) notify the voter if the voter has failed to
completely cast a vote for an office or public question
appearing on the ballot; and (v) permit the voter, in a private
and independent manner, to verify the votes selected by the
voter, to change the ballot or to correct any error on the
ballot before the ballot is completely cast and counted. A
means shall be provided to indicate each selection after it has
been made or canceled.
(f) System voting devices shall provide a means for the
voter to signify that the selection of candidates and public
questions has been completed. Upon activation, a direct
recording electronic tabulator the system shall record an image
of the completed ballot, increment the proper ballot position
registers, and shall signify to the voter that the ballot has
been cast or, in the case of an electronic ballot marking
device, the system shall record all votes and signify to the
voter that the ballot has been marked. The system shall then
prevent any further attempt to vote until it has been reset or
re-enabled by a judge of election.
(g) Each direct recording electronic tabulator or
electronic ballot marking device utilized as a tabulator system
voting device shall be equipped with a public counter that can

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be set to zero prior to the opening of the polling place, and
that records the number of ballots cast at a particular
election. The counter shall be incremented only by the casting
of a ballot. The counter shall be designed to prevent disabling
or resetting by other than authorized persons after the polls
close. The counter shall be visible to all judges of election
so long as the device is installed at the polling place.
(h) Each system voting device shall be equipped with a
protective counter that records all of the testing and election
ballots cast since the unit was built. This counter shall be
designed so that its reading cannot be changed by any cause
other than the casting of a ballot. The protective counter
shall be incapable of ever being reset and it shall be visible
at all times when the device is configured for testing,
maintenance, or election use.
(i) All system devices shall provide a means of preventing
further voting once the polling place has closed and after all
eligible voters have voted. Such means of control shall
incorporate a visible indication of system status. Each device
shall prevent any unauthorized use, prevent tampering with
ballot labels and preclude its re-opening once the poll closing
has been completed for that election.
(j) Each direct recording electronic tabulator or
electronic ballot marking device utilized as a tabulator The
system shall produce a printed summary report of the votes cast
upon each voting device. Until the proper sequence of events

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associated with closing the polling place has been completed,
the system shall not allow the printing of a report or the
extraction of data. The printed report shall also contain all
system audit information to be required by the election
authority. Data shall not be altered or otherwise destroyed by
report generation and the system shall ensure the integrity and
security of data for a period of at least 6 months after the
polls close.
(k) If more than one voting device is used in a polling
place, the system shall provide a means to manually or
electronically consolidate the data from all such units into a
single report even if different voting systems are used to
record ballots. The system shall also be capable of merging the
vote tabulation results produced by other vote tabulation
systems, if necessary.
(l) System functions shall be implemented such that
unauthorized access to them is prevented and the execution of
authorized functions in an improper sequence is precluded.
System functions shall be executable only in the intended
manner and order, and only under the intended conditions. If
the preconditions to a system function have not been met, the
function shall be precluded from executing by the system's
control logic.
(m) All system voting devices shall incorporate at least 3
memories in the machine itself and in its programmable memory
devices.

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(n) The system shall include capabilities of recording and
reporting the date and time of normal and abnormal events and
of maintaining a permanent record of audit information that
cannot be turned off. Provisions shall be made to detect and
record significant events (e.g., casting a ballot, error
conditions that cannot be disposed of by the system itself,
time-dependent or programmed events that occur without the
intervention of the voter or a judge of election).
(o) The system and each system voting device must be
capable of creating, printing and maintaining a permanent paper
record and an electronic image of each ballot that is cast such
that records of individual ballots are maintained by a
subsystem independent and distinct from the main vote
detection, interpretation, processing and reporting path. The
electronic images of each ballot must protect the integrity of
the data and the anonymity of each voter, for example, by means
of storage location scrambling. The ballot image records may be
either machine-readable or manually transcribed, or both, at
the discretion of the election authority.
(p) The system shall include built-in test, measurement and
diagnostic software and hardware for detecting and reporting
the system's status and degree of operability.
(q) The system shall contain provisions for maintaining the
integrity of memory voting and audit data during an election
and for a period of at least 6 months thereafter and shall
provide the means for creating an audit trail.

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(r) The system shall be fully accessible so as to permit
blind or visually impaired voters as well as voters with
physical disabilities to exercise their right to vote in
private and without assistance.
(s) The system shall provide alternative language
accessibility if required pursuant to Section 203 of the Voting
Rights Act of 1965.
(t) Each voting device shall enable a voter to vote for a
person whose name does not appear on the ballot.
(u) Each direct recording electronic tabulator The system
shall record and count accurately and, in the case of an
electronic ballot marking devices, accurately mark each vote
properly cast for or against any candidate and for or against
any public question, including the names of all candidates
whose names are written in by the voters.
(v) The system shall allow for accepting provisional
ballots and for separating such provisional ballots from
precinct totals until authorized by the election authority.
(w) The system shall provide an effective audit trail as
defined in Section 24C-2 in this Code.
(x) The system shall be suitably designed for the purpose
used, be durably constructed, and be designed for safety,
accuracy and efficiency.
(y) The system shall comply with all provisions of federal,
State and local election laws and regulations and any future
modifications to those laws and regulations.

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(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
(10 ILCS 5/24C-12)
Sec. 24C-12. Procedures for counting and tallying of
ballots. In an election jurisdiction where a direct recording
electronic tabulator or electronic ballot marking device
Direct Recording Electronic Voting System is used, the
following procedures for counting and tallying the ballots
shall apply:
Before the opening of the polls, the judges of elections
shall assemble the voting equipment and devices and turn the
equipment on. The judges shall, if necessary, take steps to
activate the voting devices and counting equipment by inserting
into the equipment and voting devices appropriate data cards
containing passwords and data codes that will select the proper
ballot formats selected for that polling place and that will
prevent inadvertent or unauthorized activation of the
poll-opening function. Before voting begins and before ballots
are entered into the voting devices, the judges of election
shall cause to be printed a record of the following: the
election's identification data, the device's unit
identification, the ballot's format identification, the
contents of each active candidate register by office and of
each active public question register showing that they contain
all zero votes, all ballot fields that can be used to invoke
special voting options, and other information needed to ensure

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the readiness of the equipment and to accommodate
administrative reporting requirements. The judges must also
check to be sure that the totals are all zeros in the counting
columns and in the public counter affixed to the voting
devices.
After the judges have determined that a person is qualified
to vote, a voting device with the proper ballot to which the
voter is entitled shall be enabled to be used by the voter. The
ballot may then be cast by the voter by marking by appropriate
means the designated area of the ballot for the casting or, in
the case of an electronic ballot marking device, marking of a
vote for any candidate or for or against any public question.
The voter shall be able to vote for any and all candidates and
public questions measures appearing on the ballot in any legal
number and combination and the voter shall be able to delete,
change or correct his or her selections before the ballot is
cast. The voter shall be able to select candidates whose names
do not appear upon the ballot for any office by entering
electronically as many names of candidates as the voter is
entitled to select for each office.
Upon completing his or her selection of candidates or
public questions, the voter shall signify that voting has been
completed by activating the appropriate button, switch or
active area of the ballot screen associated with end of voting.
Upon activation, the voting system shall record an image of the
completed ballot, increment the proper ballot position

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registers, and shall signify to the voter that the ballot has
been cast or, in the case of an electronic ballot marking
device, has been marked in order to be cast on an electronic
tabulating device. Upon activation, the voting system shall
also print a permanent paper record of each ballot cast as
defined in Section 24C-2 of this Code. This permanent paper
record shall (i) be printed in a clear, readily readable format
that can be easily reviewed by the voter for completeness and
accuracy and (ii) either be self-contained within the voting
device or be deposited by the voter into a secure ballot box.
No permanent paper record shall be removed from the polling
place except by election officials as authorized by this
Article. All permanent paper records shall be preserved and
secured by election officials in the same manner as paper
ballots and 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. The voter shall exit the voting
station and the voting system shall prevent any further attempt
to vote until it has been properly re-activated. If a voting
device has been enabled for voting but the voter leaves the
polling place without casting a ballot, 2 judges of election,
one from each of the 2 major political parties, shall spoil the
ballot.
Throughout the election day and before the closing of the
polls, no person may check any vote totals for any candidate or

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public question on the voting or counting equipment. Such
equipment shall be programmed so that no person may reset the
equipment for reentry of ballots unless provided the proper
code from an authorized representative of the election
authority.
The precinct judges of election shall check the public
register to determine whether the number of ballots counted by
the voting equipment agrees with the number of voters voting as
shown by the applications for ballot. If the same do not agree,
the judges of election shall immediately contact the offices of
the election authority in charge of the election for further
instructions. If the number of ballots counted by the voting
equipment agrees with the number of voters voting as shown by
the application for ballot, the number shall be listed on the
"Statement of Ballots" form provided by the election authority.
The totals for all candidates and propositions shall be
tabulated. One copy of an "In-Precinct Totals Report" shall be
generated by the automatic tabulating equipment for return to
the election authority. One copy of an "In-Precinct Totals
Report" shall be generated and posted in a conspicuous place
inside the polling place, provided that any authorized
pollwatcher or other official authorized to be present in the
polling place to observe the counting of ballots is present.
The judges of election shall provide, if requested, a set for
each authorized pollwatcher or other official authorized to be
present in the polling place to observe the counting of

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ballots. In addition, sufficient time shall be provided by the
judges of election to the pollwatchers to allow them to copy
information from the copy which has been posted.
Until December 31, 2019, in elections at which fractional
cumulative votes are cast for candidates, the tabulation of
those fractional cumulative votes may be made by the election
authority at its central office location, and 4 copies of a
"Certificate of Results" shall be printed by the automatic
tabulation equipment and shall be posted in 4 conspicuous
places at the central office location where those fractional
cumulative votes have been tabulated.
If instructed by the election authority, the judges of
election shall cause the tabulated returns to be transmitted
electronically to the offices of the election authority via
modem or other electronic medium.
The precinct judges of election shall select a bi-partisan
team of 2 judges, who shall immediately return the ballots in a
sealed container, along with all other election materials and
equipment as instructed by the election authority; provided,
however, that such container must first be sealed by the
election judges with filament tape or other approved sealing
devices provided for the purpose in a manner that the ballots
cannot be removed from the container without breaking the seal
or filament tape and disturbing any signatures affixed by the
election judges to the container. The election authority shall
keep the office of the election authority, or any receiving

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stations designated by the authority, open for at least 12
consecutive hours after the polls close or until the ballots
and election material and equipment from all precincts within
the jurisdiction of the election authority have been returned
to the election authority. Ballots and election materials and
equipment returned to the office of the election authority
which are not signed and sealed as required by law shall not be
accepted by the election authority until the judges returning
the ballots make and sign the necessary corrections. Upon
acceptance of the ballots and election materials and equipment
by the election authority, the judges returning the ballots
shall take a receipt signed by the election authority and
stamped with the time and date of the return. The election
judges whose duty it is to return any ballots and election
materials and equipment as provided shall, in the event the
ballots, materials or equipment cannot be found when needed, on
proper request, produce the receipt which they are to take as
above provided.
(Source: P.A. 99-522, eff. 6-30-16; 99-701, eff. 7-29-16.)
(10 ILCS 5/24C-13)
Sec. 24C-13. Vote by mail ballots; early voting ballots;
proceedings at location for central counting; employees;
approval of list.
(a) All jurisdictions using direct recording electronic
tabulators or electronic ballot marking devices Direct

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Recording Electronic Voting Systems shall use paper ballots or
paper ballot sheets approved for use under Articles 16, 24A, or
24B of this Code when conducting vote by mail voting. All vote
by mail ballots shall be counted at the central ballot counting
location of the election authority. Sections The provisions of
Section 24A-9, 24B-9, and 24C-9 of this Code shall apply to the
testing and notice requirements for central count tabulation
equipment, including comparing the signature on the ballot
envelope with the signature of the voter on the permanent voter
registration record card taken from the master file. Vote
results shall be recorded by precinct and shall be added to the
vote results for the precinct in which the vote by mail voter
was eligible to vote prior to completion of the official
canvass.
(b) All proceedings at the location for central counting
shall be under the direction of the county clerk or board of
election commissioners. Except for any specially trained
technicians required for the operation of the direct recording
electronic tabulator or electronic ballot marking device
Direct Recording Electronic Voting System, the employees at the
counting station shall be equally divided between members of
the 2 leading political parties and all duties performed by the
employees shall be by teams consisting of an equal number of
members of each political party. Thirty days before an election
the county clerk or board of election commissioners shall
submit to the chair of each political party, for his or her

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approval or disapproval, a list of persons of his or her party
proposed to be employed. If a chair fails to notify the
election authority of his or her disapproval of any proposed
employee within a period of 10 days thereafter the list shall
be deemed approved.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/24C-14)
Sec. 24C-14. Tabulating votes Votes; direction Direction;
presence of public Presence of Public; computer operator's log
and canvass Computer Operator's Log and Canvass. The procedure
for tabulating the votes by the direct recording electronic
tabulator or electronic ballot marking device Direct Recording
Electronic Voting System shall be under the direction of the
election authority and shall conform to the requirements of the
direct recording electronic tabulator or electronic ballot
marking device Direct Recording Electronic Voting System.
During any election-related activity using the automatic
direct recording electronic tabulator or electronic ballot
marking device Direct Recording Electronic Voting System
equipment, the election authority shall make a reasonable
effort to dedicate the equipment to vote processing to ensure
the security and integrity of the system.
A reasonable number of pollwatchers shall be admitted to
the counting location. Such persons may observe the tabulating
process at the discretion of the election authority; however,

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at least one representative of each established political party
and authorized agents of the State Board of Elections shall be
permitted to observe this process at all times. No persons
except those employed and authorized for the purpose shall
touch any ballot, ballot box, return, or equipment.
The computer operator shall be designated by the election
authority and shall be sworn as a deputy of the election
authority. In conducting the vote tabulation and canvass, the
computer operator must maintain a log which shall include the
following information:
(a) alterations made to programs associated with the
vote counting process;
(b) if applicable, console messages relating to the
program and the respective responses made by the operator;
(c) the starting time for each precinct counted, the
number of ballots counted for each precinct, any equipment
problems and, insofar as practicable, the number of invalid
security designations encountered during that count; and
(d) changes and repairs made to the equipment during
the vote tabulation and canvass.
The computer operator's log and canvass shall be available
for public inspection in the office of the election authority
for a period of 60 days following the proclamation of election
results. A copy of the computer operator's log and the canvass
shall be transmitted to the State Board of Elections upon its
request and at its expense.

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(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-15)
Sec. 24C-15. Official return of precinct; check of totals;
audit. The precinct return printed by the direct recording
electronic tabulator or electronic ballot marking device
utilized as a tabulator Direct Recording Electronic Voting
System tabulating equipment shall include the number of ballots
cast and votes cast for each candidate and public question and
shall constitute the official return of each precinct. In
addition to the precinct return, the election authority shall
provide the number of applications for ballots in each
precinct, the total number of ballots and vote by mail ballots
counted in each precinct for each political subdivision and
district and the number of registered voters in each precinct.
However, the election authority shall check the totals shown by
the precinct return and, if there is an obvious discrepancy
regarding the total number of votes cast in any precinct, shall
have the ballots for that precinct audited to correct the
return. The procedures for this audit shall apply prior to and
after the proclamation is completed; however, after the
proclamation of results, the election authority must obtain a
court order to unseal voted ballots or voting devices except
for election contests and discovery recounts. The certificate
of results, which has been prepared and signed by the judges of
election after the ballots have been tabulated, shall be the

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document used for the canvass of votes for such precinct.
Whenever a discrepancy exists during the canvass of votes
between the unofficial results and the certificate of results,
or whenever a discrepancy exists during the canvass of votes
between the certificate of results and the set of totals
reflected on the certificate of results, the ballots for that
precinct shall be audited to correct the return.
Prior to the proclamation, the election authority shall
test the voting devices and equipment in 5% of the precincts
within the election jurisdiction, as well as 5% of the voting
devices used in early voting. The precincts and the voting
devices to be tested shall be selected after election day on a
random basis by the State Board of Elections, so that every
precinct and every device used in early voting in the election
jurisdiction has an equal mathematical chance of being
selected. The State Board of Elections shall design a standard
and scientific random method of selecting the precincts and
voting devices that are to be tested. The State central
committee chair of each established political party shall be
given prior written notice of the time and place of the random
selection procedure and may be represented at the procedure.
The test shall be conducted by counting the votes marked on
the permanent paper record of each ballot cast in the tested
precinct printed by the voting system at the time that each
ballot was cast and comparing the results of this count with
the results shown by the certificate of results prepared by the

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direct recording electronic tabulator or electronic ballot
marking device utilized as a tabulator Direct Recording
Electronic Voting System in the test precinct. The election
authority shall test count these votes either by hand or by
using an automatic tabulating device other than a direct
recording electronic tabulator or electronic ballot marking
device Direct Recording Electronic voting device that has been
approved by the State Board of Elections for that purpose and
tested before use to ensure accuracy. A ballot marking device
utilizing a bar code or quick response code shall also have its
ballots audited by a hand count. The election authority shall
print the results of each test count. If any error is detected,
the cause shall be determined and corrected, and an errorless
count shall be made prior to the official canvass and
proclamation of election results. If an errorless count cannot
be conducted and there continues to be difference in vote
results between the certificate of results produced by the
direct recording electronic tabulator or electronic ballot
marking device utilized as a tabulator Direct Recording
Electronic Voting System and the count of the permanent paper
records or if an error was detected and corrected, the election
authority shall immediately prepare and forward to the
appropriate canvassing board a written report explaining the
results of the test and any errors encountered and the report
shall be made available for public inspection.
The State Board of Elections, the State's Attorney and

SB3486 - 54 - LRB101 20148 SMS 69687 b
other appropriate law enforcement agencies, the county chair of
each established political party and qualified civic
organizations shall be given prior written notice of the time
and place of the test and may be represented at the test.
The results of this post-election test shall be treated in
the same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Code.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/24C-15.01)
Sec. 24C-15.01. Transporting ballots to central counting
station Ballots to Central Counting Station; container
Container. Upon completion of the tabulation, audit or test of
voting equipment pursuant to Sections 24C-11 through 24C-15,
the ballots and the medium containing the ballots from each
precinct shall be replaced in the container in which they were
transported to the central counting station. If the container
is not a type which may be securely locked, then each
container, before being transferred from the counting station
to storage, shall be securely sealed.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-15.1)
Sec. 24C-15.1. Discovery, recounts, and election contests
Recounts and Election Contests. Except as provided, discovery
recounts and election contests shall be conducted as otherwise

SB3486 - 55 - LRB101 20148 SMS 69687 b
provided for in this Code. The direct recording electronic
tabulator or electronic ballot marking device Direct Recording
Electronic Voting System equipment shall be tested prior to the
discovery recount or election contest as provided in Section
24C-9, and then the official ballots shall be audited.
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted.
The additional costs of a redundant count shall be borne by the
requesting party.
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
election contest.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-16)
Sec. 24C-16. Approval of direct recording electronic
tabulator or electronic ballot marking device Direct Recording
Electronic Voting Systems; requisites Requisites. The State
Board of Elections shall approve all direct recording
electronic tabulators and electronic ballot marking devices
Direct Recording Electronic Voting Systems that fulfill the
functional requirements provided by Section 24C-11 of this
Code, the mandatory requirements of the federal voting system
standards pertaining to direct recording electronic tabulators

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and electronic ballot marking devices 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 tabulator or electronic ballot marking
device Direct Recording Electronic Voting System that includes
an external Infrared Data Association (IrDA) communications
port.
The State Board of Elections is authorized to withdraw its
approval of a direct recording electronic tabulator or
electronic ballot marking device Direct Recording Electronic
Voting System if the system 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,

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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 tabulator, electronic ballot marking
device 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.
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
(10 ILCS 5/24C-17)
Sec. 24C-17. Rules; number of voting stations Number of
Voting Stations. The State Board of Elections may make
reasonable rules for the administration of this Article and may
prescribe the number of voting stations required for the
various types of voting systems.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-18)
Sec. 24C-18. Specimen ballots Ballots; publication

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Publication. When a direct recording electronic tabulator or
electronic ballot marking device Direct Recording Electronic
Voting System is used, the election authority shall cause to be
published, at least 5 days before the day of each general and
general primary election, in 2 or more newspapers published in
and having a general circulation in the county, a true and
legible copy of the specimen ballot containing the names of
offices and candidates and public questions to be voted on, as
near as may be, in the form in which they will appear on the
official ballot on election day. A true legible copy may be in
the form of an actual size ballot and shall be published as
required by this Section if distributed in 2 or more newspapers
published and having a general circulation in the county as an
insert. For each election prescribed in Article 2A of this
Code, specimen ballots shall be made available for public
distribution and shall be supplied to the judges of election
for posting in the polling place on the day of election. Notice
for the consolidated elections shall be given as provided in
Article 12.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-19)
Sec. 24C-19. Additional method of voting Method of Voting.
The foregoing Sections of this Article shall be deemed to
provide a method of voting in addition to the methods otherwise
provided in this Code.

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(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
Sec. 28-9. Proposed constitutional amendments and advisory
questions of public policy; petition; filing. Petitions for
proposed amendments to Article IV of the Constitution pursuant
to Section 3, Article XIV of the Constitution shall be signed
by a number of electors equal in number to at least 8% of the
total votes cast for candidates for Governor in the preceding
gubernatorial election. Such petition shall have been signed by
the petitioning electors not more than 24 months preceding the
general election at which the proposed amendment is to be
submitted and shall be filed with the Secretary of State at
least 6 months before that general election.
Upon receipt of a petition for a proposed Constitutional
amendment, the Secretary of State shall, as soon as is
practicable, but no later than the close of the next business
day, deliver such petition to the State Board of Elections.
Petitions for advisory questions of public policy to be
submitted to the voters of the entire State shall be signed by
a number of voters equal in number to 8% of the total votes
cast for candidates for Governor in the preceding gubernatorial
election. Such petition shall have been signed by said
petitioners not more than 24 months preceding the date of the
general election at which the question is to be submitted and
shall be filed with the State Board of Elections at least 6

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months before that general election.
The proponents of the proposed statewide advisory public
question shall file the original petition for a proposed
Constitutional amendment or a statewide advisory public
question in bound sections. Each section shall be composed of
consecutively numbered petition sheets bound in sections,
containing only the original signatures of registered voters in
the State. Any petition sheets not consecutively numbered or
which contain duplicate page numbers already used on other
sheets, or are photocopies or duplicates of the original
sheets, shall not be considered part of the petition for the
purpose of the random sampling verification and shall not be
counted toward the minimum number of signatures required to
qualify the proposed statewide advisory public question for the
ballot.
Within 7 business days following the last day for filing
the original petition, the proponents shall also file copies of
the petition sheets with each proper election authority and
obtain a receipt therefor.
For purposes of this Act, the following terms shall be
defined and construed as follows:
1. "Board" means the State Board of Elections.
2. "Election Authority" means a county clerk or city or
county board of election commissioners.
3. (Blank).
4. "Proponents" means any person, association, committee,

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organization or other group, or their designated
representatives, who advocate and cause the circulation and
filing of petitions for a statewide advisory question of public
policy or a proposed constitutional amendment for submission at
a general election and who has registered with the Board as
provided in this Act.
5. "Opponents" means any person, association, committee,
organization or other group, or their designated
representatives, who oppose a statewide advisory question of
public policy or a proposed constitutional amendment for
submission at a general election and who have registered with
the Board as provided in this Act.
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.
SB3486 - 62 - LRB101 20148 SMS 69687 b
INDEX
Statutes amended in order of appearance
10 ILCS 5/24B-2
10 ILCS 5/24B-4
10 ILCS 5/24B-6
10 ILCS 5/24B-9
10 ILCS 5/Art. 24C heading
10 ILCS 5/24C-1
10 ILCS 5/24C-2
10 ILCS 5/24C-3
10 ILCS 5/24C-3.1
10 ILCS 5/24C-4
10 ILCS 5/24C-5
10 ILCS 5/24C-5.1
10 ILCS 5/24C-5.2
10 ILCS 5/24C-6
10 ILCS 5/24C-6.1
10 ILCS 5/24C-7
10 ILCS 5/24C-8
10 ILCS 5/24C-9
10 ILCS 5/24C-10
10 ILCS 5/24C-11
10 ILCS 5/24C-12
10 ILCS 5/24C-13
10 ILCS 5/24C-14
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