SB 2340 — ELEC CD-VOTING EQUIPMENT
Last action — Public Act . . . . . . . . . 94-1073
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2006. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Election Code. With respect to voting equipment, (i) requires that vendors pay the costs of ballots and temporary workers for equipment tests; (ii) after an election, authorizes the State Board of Elections to destroy programs (now, return them to election authorities) when there is no election contest; and (iii) authorizes the State Board to select an election jurisdiction's precincts for random retabulation of votes after election day.
Bill Text
What changed in the latest version
149 added · 649 removedPlain-language change summary
The recent amendment to SB 2340 introduces new procedures for counting and tallying ballots using Direct Recording Electronic Voting Systems. Specifically, it requires election judges to ensure that voting equipment is activated and that an initial record is printed before voting begins, showing that all vote counts start at zero. This change is significant because it aims to enhance transparency and security in the election process, helping to prevent any unauthorized tampering before the polls open.
SB2340 EngrossedEnrolled LRB094 16578 JAM 51839 b AN ACT concerning elections.
The Election Code is amended by changing SectionsSection 24A-9,24C-12 24A-15, 24A-16, 24B-9, 24B-15, 24B-16, 24C-9, 24C-15, and 24C-16 as follows:
(10 ILCS 5/24A-9)5/24C-12) (fromSec. Ch.
46,24C-12. par.
24A-9)Procedures Sec.for Counting and Tallying of Ballots.
24A-9.In an election jurisdiction where a Direct Recording Electronic Voting System is used, the following procedures for counting and tallying the ballots shall apply:
PriorBefore to the publicopening test,of the electionpolls, authoritythe shalljudges conductof anelections errorlessshall pre-testassemble of the automaticvoting tabulating equipment and programdevices toand ascertainturn that they will correctly count the votesequipment caston. for all offices and all measures.
OnThe anyjudges dayshall, notif lessnecessary, thantake 5steps days prior to activate the electionvoting day,devices theand electioncounting authorityequipment shallby publiclyinserting testinto the automatic tabulating equipment and programvoting todevices ascertainappropriate thatdata theycards willcontaining correctlypasswords countand data codes that will select the votesproper castballot formats selected for allthat officespolling place and onthat allwill measures.prevent inadvertent or unauthorized activation of the poll-opening function.
PublicBefore noticevoting ofbegins the time and placebefore ofballots theare testentered shallinto bethe givenvoting atdevices, least 48 hours prior thereto by publication once in one or more newspapers published within the electionjudges jurisdiction of the election authorityshall ifcause ato newspaperbe isprinted published therein, otherwise in a newspaperrecord of generalthe circulationfollowing: therein.
Timelythe writtenelection’s noticeidentification statingdata, the date,device’s timeunit andidentification, locationthe ofballot’s format identification, the contents of each active candidate register by office and of each active public testquestion shallregister alsoshowing that they contain all zero votes, all ballot fields that can be providedused to theinvoke Statespecial Boardvoting options, and other information needed to ensure the readiness of Elections.the equipment and to accommodate administrative reporting requirements.
The testjudges shallmust bealso opencheck to representativesbe ofsure that the politicaltotals parties,are all zeros in the press,counting representativescolumns ofand in the Statepublic Boardcounter ofaffixed Elections,to and the public.voting devices.
TheSB2340 testEnrolled shall- be2 conducted- byLRB094 processing16578 aJAM preaudited51839 groupb ofAfter ballotsthe sojudges punchedhave ordetermined markedthat as to record a predeterminedperson numberis ofqualified validto votesvote, fora eachvoting candidatedevice andwith onthe eachproper measure,ballot andto shall include for each office one or more ballots which have votes in excess of the numbervoter allowedis byentitled lawshall inbe orderenabled to testbe theused abilityby of the automaticvoter. tabulating equipment to reject such votes.
SuchThe testballot shallmay alsothen includebe SB2340cast Engrossedby -the 2voter -by LRB094marking 16578by JAMappropriate 51839means bthe designated area of the useballot for the casting of precincta headervote cardsfor andany maycandidate includeor thefor productionor ofagainst anany editpublic listing.question.
InThe thosevoter electionshall jurisdictionsbe whereable in-precinctto countingvote equipmentfor isany utilized,and aall candidates and public testmeasures ofappearing bothon suchthe equipmentballot in any legal number and programcombination and the voter shall be conductedable asto nearlydelete, aschange possibleor incorrect his or her selections before the mannerballot prescribedis above.cast.
The Statevoter Boardshall ofbe Electionsable mayto select ascandidates manywhose electionnames jurisdictionsdo asnot theappear Boardupon deems advisable in the interestsballot offor theany electionoffice processby ofentering thiselectronically Stateas inmany whichnames toof ordercandidates aas special test of the automaticvoter tabulatingis equipmententitled and program prior to anyselect regularfor election.each office.
TheUpon Boardcompleting mayhis orderor aher specialselection testof incandidates anyor electionpublic jurisdictionquestions, where, during the precedingvoter twelveshall months,signify computerthat programmingvoting errorshas orbeen othercompleted errorsby inactivating the useappropriate button, switch or active area of electronicthe votingballot systemsscreen resultedassociated inwith voteend tabulationof errors.voting.
NotUpon lessactivation, thanthe 30voting dayssystem priorshall torecord anyan election,image of the Statecompleted Boardballot, ofincrement Electionsthe shallproper provideballot writtenposition noticeregisters, toand thoseshall selectedsignify jurisdictionsto ofthe theirvoter intentthat tothe conductballot ahas test.been cast.
WithinUpon 5activation, days of receipt of the Statevoting Boardsystem ofshall Elections’also writtenprint notice of intent to conduct a test,permanent thepaper selectedrecord jurisdictionsof shalleach forwardballot tocast theas principaldefined officein ofSection the24C-2 State Board of Electionsthis aCode. copy of all specimen ballots.
TheThis Statepermanent Boardpaper ofrecord Elections’ tests shall (i) be conductedprinted andin completeda notclear, lessreadily thanreadable 2format daysthat priorcan tobe easily reviewed by the publicvoter testfor utilizingcompleteness testingand materialsaccuracy suppliedand by(ii) theeither Boardbe andself-contained underwithin the supervisionvoting ofdevice or be deposited by the Board.voter into a secure ballot box.
TheNo vendor,permanent person,paper orrecord othershall privatebe entityremoved shallfrom bethe solelypolling responsibleplace forexcept theby productionelection andofficials costas of:authorized by this Article.
allAll ballots;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.
additionalThe temporaryvoter workers;shall exit the voting station and the SB2340 Enrolled - 3 - LRB094 16578 JAM 51839 b voting system shall prevent any further attempt to vote until it has been properly re-activated.
andIf othera equipmentvoting ordevice facilitieshas neededbeen andenabled usedfor invoting but the testingvoter ofleaves the vendor’s,polling person’s,place orwithout othercasting privatea entity’sballot, respective2 equipmentjudges andof software.,election, andone thefrom Boardeach shallof reimburse the election2 authoritymajor forpolitical theparties, reasonableshall costspoil of computer time required to conduct the specialballot. test.
AfterThroughout anthe errorlesselection test,day materialsand usedbefore in the publicclosing test,of including the program,polls, ifno appropriate,person shallmay becheck sealedany andvote remaintotals sofor untilany thecandidate testor ispublic runquestion again on electionthe day.voting or counting equipment.
IfSuch anyequipment errorshall isbe detected,programmed theso causethat thereforno shallperson bemay ascertainedreset andthe correctedequipment andfor anreentry errorlessof publicballots testunless shallprovided bethe madeproper beforecode thefrom automatican tabulatingauthorized equipmentrepresentative isof approved.the election authority.
SB2340The Engrossedprecinct -judges 3of - LRB094 16578 JAM 51839 b Each election authority shall filecheck athe sealedpublic copyregister ofto eachdetermine testedwhether programthe tonumber beof usedballots withincounted itsby jurisdictionthe atvoting anequipment electionagrees with the Statenumber Board of Electionsvoters priorvoting toas shown by the election.applications for ballot.
TheIf Boardthe shallsame securedo thenot programagree, orthe programsjudges of each election jurisdictionshall soimmediately filedcontact inthe itsoffices officeof for the 60election daysauthority followingin thecharge canvassof andthe proclamationelection offor electionfurther results.instructions.
UponIf the expirationnumber of thatballots time,counted ifby nothe electionvoting contestequipment oragrees appealwith therefromthe isnumber pendingof invoters anvoting electionas jurisdiction,shown by the Boardapplication shallfor destroyballot, return the sealednumber programshall orbe programslisted toon the election"Statement authority of Ballots" form provided by the jurisdiction.election authority.
Except whereas in-precinctotherwise countingprovided equipmentin isthis utilized,Section, the testThe shalltotals befor repeatedall immediatelycandidates beforeand thepropositions startshall ofbe thetabulated; official count of the ballots, in the same manner as set forth above.
Afterand the4 completioncopies of thea count,"Certificate theof testResults" shall be re-runprinted usingby the sameautomatic program.tabulating equipment;
Anone electioncopy jurisdictionshall thatbe wasposted employing,in as of January 1, 1983, an electronic voting system that, because of its design, is not technically capable of compliance with such a post-tabulationconspicuous testingplace requirementinside shall satisfy the post-tabulationpolling testingplace; requirement by conducting the post-tabulation test on a duplicate program until such electronic voting system is replaced or until November 1, 1992, whichever is earlier.
Immediatelyand thereafterevery theeffort ballots,shall allbe materialmade employedby inthe testingjudges theof programelection andto theprovide programa shallcopy befor sealedeach andauthorized retainedpollwatcher underor theother custodyofficial ofauthorized to be present in the electionpolling authorityplace forto aobserve periodthe counting of 60ballots; days.
Atbut thein expirationno ofcase thatshall time the electionnumber authorityof shallcopies destroyto thebe votedmade ballotavailable cards,to togetherpollwatchers withbe allfewer unusedthan ballots4, returnedchosen fromby lot by the precincts.judges of election.
Provided,In ifaddition, anysufficient contest of election is pending at such time inshall which such ballots may be requiredprovided asby evidencethe andjudges suchof election authorityto hasthe noticepollwatchers thereof,to theallow samethem shallto notcopy beinformation destroyedfrom untilthe aftercopy suchwhich contesthas isbeen finallyposted. determined.
IfUntil December 31, 2007, in elections at which fractional SB2340 Enrolled - 4 - LRB094 16578 JAM 51839 b cumulative votes are cast for candidates, the usetabulation of back-upthose equipmentfractional becomescumulative necessary,votes may be made by the sameelection testingauthority requiredat forits central office location, and 4 copies of a "Certificate of Results" shall be printed by the originalautomatic tabulation equipment and shall be conducted.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 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.
Show all 257 changed lines (217 more)
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 SB2340 Enrolled - 5 - LRB094 16578 JAM 51839 b 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.
86-873;
86-874;
86-1028;
87-1052.) (10 ILCS 5/24A-15) (from Ch.
46, par.
24A-15) SB2340 Engrossed - 4 - LRB094 16578 JAM 51839 b Sec.
24A-15.
The precinct return printed by the automatic tabulating equipment shall include the number of ballots cast and votes cast for each candidate and proposition 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 write-in votes, the total number of 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 with respect to the total number of votes cast in any precinct, shall have the ballots for such precinct retabulated to correct the return.
The procedures for retabulation 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 except for election contests and discovery recounts.
In those election jurisdictions that utilize in-precinct counting equipment, the certificate of results, which has been prepared by the judges of election in the polling place after the ballots have been tabulated, shall be the 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 which has been affixed to such certificate of results, the ballots for such precinct shall be retabulated to correct the return.
As an additional part of this check prior to the proclamation, in those jurisdictions where in-precinct counting equipment is utilized, the election authority shall retabulate the total number of votes cast in 5% of the precincts within the election jurisdiction.
The precincts to be retabulated shall be selected after election day on a random basis by the State Board of Elections election authority, so that every precinct in the election jurisdiction has an equal mathematical chance of being SB2340 Engrossed - 5 - LRB094 16578 JAM 51839 b selected.
The State Board of Elections shall design a standard and scientific random method of selecting the precincts which are to be retabulated, and the election authority shall be required to utilize such method.
The State Board of Elections, the State’s Attorney and other appropriate law enforcement agencies, the county chairman of each established political party and qualified civic organizations shall be given prior written notice of the time and place of such random selection procedure and may be represented at such procedure.
Such retabulation shall consist of counting the ballot cards which were originally counted and shall not involve any determination as to which ballot cards were, in fact, properly counted.
The ballots from the precincts selected for such retabulation shall remain at all times under the custody and control of the election authority and shall be transported and retabulated by the designated staff of the election authority.
As part of such retabulation, the election authority shall test the computer program in the selected precincts.
Such test shall be conducted by processing a preaudited group of ballots so punched so as 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 which have votes in excess of the number allowed by law in order to test the ability of the equipment to reject such votes.
If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made prior to the official canvass and proclamation of election results.
The State Board of Elections, the State’s Attorney and other appropriate law enforcement agencies, the county chairman of each established political party and qualified civic organizations shall be given prior written notice of the time and place of such retabulation and may be represented at such retabulation.
The results of this retabulation 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 Act.
SB2340 Engrossed - 6 - LRB094 16578 JAM 51839 b Upon completion of the retabulation, the election authority shall print a comparison of the results of the retabulation with the original precinct return printed by the automatic tabulating equipment.
Such comparison shall be done for each precinct and for each office voted upon within that precinct, and the comparisons shall be open to the public.
(Source:
P.A.
89-700, eff.
1-17-97.) (10 ILCS 5/24A-16) (from Ch.
46, par.
24A-16) Sec.
24A-16.
The State Board of Elections shall approve all voting systems provided by this Article.
No voting system shall be approved unless it fulfills the following requirements:
(1) It enables a voter to vote in absolute secrecy;
(2) (Blank);
(3) It enables a voter to vote a ticket selected in part from the nominees of one party, and in part from the nominees of any or all parties, and in part from independent candidates and in part of candidates whose names are written in by the voter;
(4) It enables a voter to vote a written or printed ticket of his own selection for any person for any office for whom he may desire to vote;
(5) It will reject all votes for an office or upon a proposition when the voter has cast more votes for such office or upon such proposition than he is entitled to cast;
(6) It will accommodate all propositions to be submitted to the voters in the form provided by law or, where no such form is provided, then in brief form, not to exceed 75 words.
The State Board of Elections is authorized to withdraw its approval of a voting system if the system fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely responsible for the production and cost of:
all ballots;
additional temporary workers;
and other equipment or facilities needed and used in the testing of the vendor’s, SB2340 Engrossed - 7 - LRB094 16578 JAM 51839 b person’s, or other private entity’s respective equipment and software.
No vendor, person or other entity may sell, lease or loan a voting system or voting system component to any election jurisdiction unless the voting system or voting system component is first approved by the State Board of Elections pursuant to this Section.
(Source:
P.A.
89-700, eff.
1-17-97.) (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 for all offices and all 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 and on all 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 SB2340 Engrossed - 8 - LRB094 16578 JAM 51839 b and on each 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 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 30 days before any election, the State Board of Elections shall provide written notice to those selected jurisdictions of their intent to conduct a test.
Within 5 days of receipt of the State Board of Elections’ written notice of intent to conduct a test, the selected jurisdictions shall forward to the principal office of the State Board of Elections a copy of all specimen ballots.
The State Board of Elections’ tests shall be conducted and completed not less than 2 days before the public test utilizing testing materials supplied by the Board 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., and the Board shall reimburse the election authority for the reasonable cost of computer time required to conduct the special test.
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 SB2340 Engrossed - 9 - LRB094 16578 JAM 51839 b 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 for the 60 days following the canvass and proclamation of election results.
At the expiration of that time, if no election contest or appeal is pending in an election jurisdiction, the Board shall destroy return the sealed program or programs to the election authority of the jurisdiction.
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.
8-21-03.) (10 ILCS 5/24B-15) Sec.
24B-15.
Official Return of Precinct;
Check of Totals;
Retabulation.
The precinct return printed by the automatic Precinct Tabulation Optical Scan Technology tabulating equipment shall include the number of ballots cast and votes SB2340 Engrossed - 10 - LRB094 16578 JAM 51839 b cast for each candidate and proposition 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 write-in votes, the total number of 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 retabulated to correct the return.
The procedures for retabulation 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 except for election contests and discovery recounts.
In those election jurisdictions that use in-precinct counting equipment, the certificate of results, which has been prepared by the judges of election in the polling place after the ballots have been tabulated, shall be the 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 which has been affixed to the certificate of results, the ballots for that precinct shall be retabulated to correct the return.
As an additional part of this check prior to the proclamation, in those jurisdictions where in-precinct counting equipment is used, the election authority shall retabulate the total number of votes cast in 5% of the precincts within the election jurisdiction.
The precincts to be retabulated shall be selected after election day on a random basis by the State Board of Elections election authority, so that every precinct 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 which SB2340 Engrossed - 11 - LRB094 16578 JAM 51839 b are to be retabulated, and the election authority shall be required to use that method.
The State Board of Elections, the State’s Attorney and other appropriate law enforcement agencies, the county chairman of each established political party and qualified civic organizations shall be given prior written notice of the time and place of the random selection procedure and may be represented at the procedure.
The retabulation shall consist of counting the ballots which were originally counted and shall not involve any determination of which ballots were, in fact, properly counted.
The ballots from the precincts selected for the retabulation shall remain at all times under the custody and control of the election authority and shall be transported and retabulated by the designated staff of the election authority.
As part of the retabulation, the election authority shall test the computer program in the selected precincts.
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, and shall include for each office one or more ballots which have votes in excess of the number allowed by law to test the ability of the equipment and the marking device to reject such votes.
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.
The State Board of Elections, the State’s Attorney and other appropriate law enforcement agencies, the county chairman of each established political party and qualified civic organizations shall be given prior written notice of the time and place of the retabulation and may be represented at the retabulation.
The results of this retabulation 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.
Upon completion of the retabulation, the election authority shall print a comparison of the results of the retabulation SB2340 Engrossed - 12 - LRB094 16578 JAM 51839 b with the original precinct return printed by the automatic tabulating equipment.
The comparison shall be done for each precinct and for each office voted upon within that precinct, and the comparisons shall be open to the public.
Upon completion of the retabulation, the returns shall be open to the public.
(Source:
P.A.
93-574, eff.
8-21-03.) (10 ILCS 5/24B-16) Sec.
24B-16.
Approval of Precinct Tabulation Optical Scan Technology Voting Systems;
Requisites.
The State Board of Elections shall approve all Precinct Tabulation Optical Scan Technology voting systems provided by this Article.
No Precinct Tabulation Optical Scan Technology voting system shall be approved unless it fulfills the following requirements:
(a) It enables a voter to vote in absolute secrecy;
(b) (Blank);
(c) It enables a voter to vote a ticket selected in part from the nominees of one party, and in part from the nominees of any or all parties, and in part from independent candidates, and in part of candidates whose names are written in by the voter;
(d) It enables a voter to vote a written or printed ticket of his or her own selection for any person for any office for whom he or she may desire to vote;
(e) It will reject all votes for an office or upon a proposition when the voter has cast more votes for the office or upon the proposition than he or she is entitled to cast;
and (f) It will accommodate all propositions to be submitted to the voters in the form provided by law or, where no form is provided, then in brief form, not to exceed 75 words.
The State Board of Elections is authorized to withdraw its approval of a Precinct Tabulation Optical Scan Technology SB2340 Engrossed - 13 - LRB094 16578 JAM 51839 b voting system if the system fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely responsible for the production and cost of:
all 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.
No vendor, person or other entity may sell, lease or loan a voting system or Precinct Tabulation Optical Scan Technology voting system component to any election jurisdiction unless the voting system or voting system component is first approved by the State Board of Elections pursuant to this Section.
(Source:
P.A.
89-394, eff.
1-1-97;
89-700, eff.
1-17-97.) (10 ILCS 5/24C-9) Sec.
24C-9.
Testing of Direct Recording Electronic Voting System Equipment and Programs;
Custody of Programs, Test Materials and Ballots.
Prior to the public test, the election authority shall conduct an errorless pre-test of the Direct Recording Electronic Voting System equipment and programs to determine that they will correctly detect voting defects and count the votes cast for all offices and all public questions.
On any day not less than 5 days prior to the election day, the election authority shall publicly test the Direct Recording Electronic Voting System equipment and programs to determine that they will correctly detect voting errors and accurately count the votes legally cast for all offices and on all public questions.
Public notice of the time and place of the test shall be given at least 48 hours before the test by publishing the notice in one or more newspapers within the election jurisdiction of the election authority, if a newspaper is published in that jurisdiction.
If a newspaper is not published in that jurisdiction, notice shall be published in a newspaper of general circulation in that jurisdiction.
Timely written notice stating the date, time, and location of the public test SB2340 Engrossed - 14 - LRB094 16578 JAM 51839 b 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 of System resulted in vote tabulation errors.
Not less than 30 days before any election, the State Board of Elections shall provide written notice to those selected jurisdictions of their intent to conduct a test.
Within 5 days of receipt of the State Board of Elections’ written notice of intent to conduct a test, the selected jurisdictions shall forward to the principal office of the State Board of Elections a copy of all specimen ballots.
The State Board of Elections’ tests shall be conducted and completed not less than 2 days before the public test utilizing testing materials supplied by the Board 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., and the Board shall reimburse the SB2340 Engrossed - 15 - LRB094 16578 JAM 51839 b election authority for the reasonable cost of computer time required to conduct the special test.
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 for the 60 days following the canvass and proclamation of election results.
At the expiration of that time, if no election contest or appeal is pending in an election jurisdiction, the Board shall destroy return the sealed program or programs to the election authority of the jurisdiction.
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.) SB2340 Engrossed - 16 - LRB094 16578 JAM 51839 b (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 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 absentee 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 in the polling place after the ballots have been tabulated, shall be the 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.
The precincts to be tested shall be selected after election day on a random basis by the State Board of Elections election authority, so that every precinct in the election jurisdiction has an equal mathematical SB2340 Engrossed - 17 - LRB094 16578 JAM 51839 b chance of being selected.
The State Board of Elections shall design a standard and scientific random method of selecting the precincts that are to be tested, and the election authority shall be required to use that method.
The State Board of Elections, the State’s Attorney and other appropriate law enforcement agencies, the county chairman of each established political party and qualified civic organizations 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 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 voting device that has been approved by the State Board of Elections for that purpose and tested before use to ensure accuracy.
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 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 other appropriate law enforcement agencies, the county chairman of each established political party and qualified SB2340 Engrossed - 18 - LRB094 16578 JAM 51839 b 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.
93-574, eff.
8-22-05.) (10Section ILCS99. 5/24C-16) Sec.
24C-16.Effective date.
ApprovalThis ofAct Directtakes Recordingeffect Electronicupon Votingbecoming Systems;law.
Requisites.
The State Board of Elections shall approve all Direct Recording Electronic Voting Systems that fulfill the functional requirements provided by Section 24C-11 of this Code, the mandatory requirements of the federal voting system standards pertaining to Direct Recording Electronic Voting Systems promulgated by the Federal Election Commission or the Election Assistance Commission, the testing requirements of an approved independent testing authority and the rules of the State Board of Elections.
The State Board of Elections is authorized to withdraw its approval of a Direct Recording Electronic Voting System if the System, once approved, fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely responsible for the production and cost of:
all 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.
No vendor, person or other entity may sell, lease or loan a Direct Recording Electronic Voting System or system component to any election jurisdiction unless the system or system component is first approved by the State Board of Elections pursuant to this Section.
(Source:
P.A.
93-574, eff.
8-21-03.)
Show all 257 changed rows (217 more)
Action History
-
Public Act . . . . . . . . . 94-1073
-
Effective Date December 26, 2006
-
Governor Approved
-
Sent to the Governor
-
Passed Both Houses
-
House Committee Amendment No. 1 Senate Concurs 058-000-000
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House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Local Government; 007-000-000
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Added as Co-Sponsor Sen. George P. Shadid
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House Committee Amendment No. 1 Motion to Concur Rules Referred to Local Government
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House Committee Amendment No. 1 Motion to Concur Referred to Rules
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House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. M. Maggie Crotty
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Placed on Calendar Order of Concurrence House Amendment(s) 01-November 28, 2006
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Secretary's Desk - Concurrence House Amendment(s) 01
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Third Reading - Short Debate - Passed 111-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Alternate Chief Sponsor Changed to Rep. Michael K. Smith
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Elections & Campaign Reform Committee; 007-000-000
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House Committee Amendment No. 1 Adopted in Elections & Campaign Reform Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Elections & Campaign Reform Committee
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Assigned to Elections & Campaign Reform Committee
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Final Action Deadline Extended-9(b) January 9, 2007
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Added Alternate Chief Co-Sponsor Rep. Charles E. Jefferson
-
Referred to Rules Committee
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Chief House Sponsor Rep. Harry Osterman
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First Reading
-
Placed on Calendar Order of First Reading
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Arrived in House
-
Third Reading - Passed; 059-000-000
-
Placed on Calendar Order of 3rd Reading February 23, 2006
-
Second Reading
-
Placed on Calendar Order of 2nd Reading February 16, 2006
-
Do Pass as Amended Local Government; 010-000-000
-
Senate Committee Amendment No. 1 Adopted
-
Added as Co-Sponsor Sen. Cheryl Axley
-
Senate Committee Amendment No. 1 Rules Refers to Local Government
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Senate Committee Amendment No. 1 Referred to Rules
-
Senate Committee Amendment No. 1 Filed with Secretary by Sen. M. Maggie Crotty
-
Assigned to Local Government
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Added as Chief Co-Sponsor Sen. Pamela J. Althoff
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Added as Co-Sponsor Sen. Martin A. Sandoval
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Referred to Rules
-
First Reading
-
Filed with Secretary by Sen. M. Maggie Crotty
Sponsors
- M. Maggie Crotty · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- M. Maggie Crotty
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 0 | 0 | 1 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Axley | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Cronin | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Geo-Karis | — | Yea |
| Halvorson | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Peterson | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Brady | — | Yea |
| Munoz | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Sullivan | — | Yea |
| Petka | — | Yea |
| Jacobs | — | Yea |
| Jones, J. | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Forby | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Jones, W. | — | Yea |
| Demuzio | — | Yea |
| Luechtefeld | — | Yea |
| Wilhelmi | — | Yea |
| Winkel | — | Yea |
| Dillard | — | Yea |
| Pankau | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Not Voting |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 6 |
| Democrat | 8 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 111 | 0 | 0 | 7 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Schock | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Washington | — | Yea |
| Younge | — | Yea |
| Leitch | — | Yea |
| Krause | — | Yea |
| Acevedo | — | Yea |
| Bassi | — | Not Voting |
| Mathias | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Churchill | — | Yea |
| Colvin | — | Not Voting |
| Coulson | — | Yea |
| Durkin | — | Not Voting |
| Munson | — | Yea |
| Granberg | — | Yea |
| Jakobsson | — | Yea |
| Jefferies | — | Yea |
| Jefferson | — | Yea |
| Jenisch | — | Yea |
| Osmond | — | Yea |
| Lang | — | Yea |
| Lindner | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Reitz | — | Yea |
| Lyons | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Madigan | — | Yea |
| Bradley, Richard | — | Yea |
| McKeon | — | Yea |
| Brady | — | Yea |
| Mendoza | — | Yea |
| Meyer | — | Yea |
| Moffitt | — | Yea |
| Molaro | — | Yea |
| Mitchell, Bill | — | Yea |
| Mulligan | — | Yea |
| Burke | — | Yea |
| Mitchell, Jerry | — | Yea |
| Myers | — | Yea |
| Nekritz | — | Yea |
| Sullivan | — | Yea |
| Hannig | — | Yea |
| Patterson | — | Not Voting |
| Pihos | — | Yea |
| Scully | — | Yea |
| Howard | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Watson | — | Yea |
| Wait | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Davis, Monique | — | Yea |
| Chavez | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Daniels | — | Yea |
| Dunn | — | Not Voting |
| Giles | — | Yea |
| Golar | — | Yea |
| Gordon | — | Yea |
| Graham | — | Yea |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Holbrook | — | Yea |
| Hultgren | — | Yea |
| Kosel | — | Yea |
| Parke | — | Not Voting |
| Osterman | — | Yea |
| Phelps | — | Yea |
| Ramey | — | Yea |
| Reis | — | Yea |
| Ryg | — | Yea |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Not Voting |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democrat | 5 | 0 | 0 | 0 |
| Total | 59 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Lauzen | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Axley | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| DeLeo | — | Yea |
| Geo-Karis | — | Yea |
| Halvorson | — | Yea |
| Maloney | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Peterson | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Sieben | — | Yea |
| Brady | — | Yea |
| Munoz | — | Yea |
| Sullivan | — | Yea |
| Petka | — | Yea |
| Clayborne | — | Yea |
| Forby | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Jacobs | — | Yea |
| Link | — | Yea |
| Jones, J. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Jones, W. | — | Yea |
| Luechtefeld | — | Yea |
| Demuzio | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Winkel | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| Dillard | — | Yea |
| Pankau | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Yea |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 2340 do?
- Amends the Election Code. With respect to voting equipment, (i) requires that vendors pay the costs of ballots and temporary workers for equipment tests; (ii) after an election, authorizes the State Board of Elections to destroy programs (now, return them to election authorities) when there is no election contest; and (iii) authorizes the State Board to select an election jurisdiction's precincts for random retabulation of votes after election day.
- Who sponsors SB 2340?
- SB 2340 is sponsored by M. Maggie Crotty.
- What is the current status of SB 2340?
- This bill has been enacted into law. Introduced January 12, 2006. Enacted.
- Where can I track SB 2340?
- Track SB 2340 free on One Click Politics — get push/email alerts when it moves.
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