Illinois 94th Regular Session Status: Enacted

SB 2340 — ELEC CD-VOTING EQUIPMENT

Last action — Public Act . . . . . . . . . 94-1073

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2006. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • 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 removed

Plain-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.

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SB2340 Engrossed LRB094 16578 JAM 51839 b AN ACT concerning elections.
SB2340 Enrolled LRB094 16578 JAM 51839 b AN ACT concerning elections.
The Election Code is amended by changing Sections 24A-9, 24A-15, 24A-16, 24B-9, 24B-15, 24B-16, 24C-9, 24C-15, and 24C-16 as follows:
The Election Code is amended by changing Section 24C-12 as follows:
(10 ILCS 5/24A-9) (from Ch.
(10 ILCS 5/24C-12) Sec.
46, par.
24C-12.
24A-9) Sec.
Procedures 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:
Prior to the public test, the election authority shall conduct an errorless pre-test of the automatic tabulating equipment and program to ascertain that they will correctly count the votes cast for all offices and all measures.
Before the opening of the polls, the judges of elections shall assemble the voting equipment and devices and turn the equipment on.
On any day not less than 5 days prior to the election day, the election authority shall publicly test the automatic tabulating equipment and program to ascertain that they will correctly count the votes cast for all offices and on all measures.
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.
Public notice of the time and place of the test shall be given at least 48 hours prior thereto by publication once in one or more newspapers published within the election jurisdiction of the election authority if a newspaper is published therein, otherwise in a newspaper of general circulation therein.
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:
Timely written notice stating the date, time and location of the public test shall also be provided to the State Board of Elections.
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 the readiness of the equipment and to accommodate administrative reporting requirements.
The test shall be open to representatives of the political parties, the press, representatives of the State Board of Elections, and the public.
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.
The test shall be conducted by processing a preaudited group of ballots so punched or marked as to record a predetermined number of valid votes for each candidate and on each measure, 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 automatic tabulating equipment to reject such votes.
SB2340 Enrolled - 2 - LRB094 16578 JAM 51839 b 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.
Such test shall also include SB2340 Engrossed - 2 - LRB094 16578 JAM 51839 b the use of precinct header cards and may include the production of an edit listing.
The ballot may then be cast by the voter by marking by appropriate means the designated area of the ballot for the casting of a vote for any candidate or for or against any public question.
In those election jurisdictions where in-precinct counting equipment is utilized, a public test of both such equipment and program shall be conducted as nearly as possible in the manner prescribed above.
The voter shall be able to vote for any and all candidates and public 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 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 in which to order a special test of the automatic tabulating equipment and program prior to any regular election.
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.
The Board may order a special test in any election jurisdiction where, during the preceding twelve months, computer programming errors or other errors in the use of electronic voting systems resulted in vote tabulation errors.
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.
Not less than 30 days prior to any election, the State Board of Elections shall provide written notice to those selected jurisdictions of their intent to conduct a test.
Upon activation, the voting 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.
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.
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.
The State Board of Elections’ tests shall be conducted and completed not less than 2 days prior to the public test utilizing testing materials supplied by the Board and under the supervision of the Board.
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.
The vendor, person, or other private entity shall be solely responsible for the production and cost of:
No permanent paper record shall be removed from the polling place except by election officials as authorized by this Article.
all ballots;
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.
additional temporary workers;
The voter 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.
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.
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.
After an errorless test, materials used in the public test, including the program, if appropriate, shall be sealed and remain so until the test is run again on election day.
Throughout the election day and before the closing of the polls, no person may check any vote totals for any candidate or public question on the voting or counting equipment.
If any error is detected, the cause therefor shall be ascertained and corrected and an errorless public test shall be made before the automatic tabulating equipment is approved.
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.
SB2340 Engrossed - 3 - LRB094 16578 JAM 51839 b 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 prior to the election.
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.
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.
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.
Upon the expiration of that time, if no election contest or appeal therefrom is pending in an election jurisdiction, the Board shall destroy return the sealed program or programs to the election authority of the jurisdiction.
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.
Except where in-precinct counting equipment is utilized, the test shall be repeated immediately before the start of the official count of the ballots, in the same manner as set forth above.
Except as otherwise provided in this Section, the The totals for all candidates and propositions shall be tabulated;
After the completion of the count, the test shall be re-run using the same program.
and 4 copies of a "Certificate of Results" shall be printed by the automatic tabulating equipment;
An election jurisdiction that was employing, as of January 1, 1983, an electronic voting system that, because of its design, is not technically capable of compliance with such a post-tabulation testing requirement shall satisfy the post-tabulation testing 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.
one copy shall be posted in a conspicuous place inside the polling place;
Immediately thereafter the ballots, all material employed in testing the program and the program shall be sealed and retained under the custody of the election authority for a period of 60 days.
and every effort shall be made by the judges of election to provide a copy for each authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots;
At the expiration of that time the election authority shall destroy the voted ballot cards, together with all unused ballots returned from the precincts.
but in no case shall the number of copies to be made available to pollwatchers be fewer than 4, chosen by lot by the judges of election.
Provided, if any contest of election is pending at such time in which such ballots may be required as evidence and such election authority has notice thereof, the same shall not be destroyed until after such contest is finally determined.
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.
If the use of back-up equipment becomes necessary, the same testing required for the original equipment shall be conducted.
Until December 31, 2007, in elections at which fractional SB2340 Enrolled - 4 - LRB094 16578 JAM 51839 b 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 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.
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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.) (10 ILCS 5/24C-16) Sec.
8-22-05.) Section 99.
24C-16.
Effective date.
Approval of Direct Recording Electronic Voting Systems;
This Act takes effect upon becoming 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.)
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 94-1073

  2. Effective Date December 26, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 058-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Local Government; 007-000-000

  8. Added as Co-Sponsor Sen. George P. Shadid

  9. House Committee Amendment No. 1 Motion to Concur Rules Referred to Local Government

  10. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  11. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. M. Maggie Crotty

  12. Placed on Calendar Order of Concurrence House Amendment(s) 01-November 28, 2006

  13. Secretary's Desk - Concurrence House Amendment(s) 01

  14. Third Reading - Short Debate - Passed 111-000-000

  15. Placed on Calendar Order of 3rd Reading - Short Debate

  16. Second Reading - Short Debate

  17. Alternate Chief Sponsor Changed to Rep. Michael K. Smith

  18. Placed on Calendar 2nd Reading - Short Debate

  19. Do Pass as Amended / Short Debate Elections & Campaign Reform Committee; 007-000-000

  20. House Committee Amendment No. 1 Adopted in Elections & Campaign Reform Committee; by Voice Vote

  21. House Committee Amendment No. 1 Filed with Clerk by Elections & Campaign Reform Committee

  22. Assigned to Elections & Campaign Reform Committee

  23. Final Action Deadline Extended-9(b) January 9, 2007

  24. Added Alternate Chief Co-Sponsor Rep. Charles E. Jefferson

  25. Referred to Rules Committee

  26. Chief House Sponsor Rep. Harry Osterman

  27. First Reading

  28. Placed on Calendar Order of First Reading

  29. Arrived in House

  30. Third Reading - Passed; 059-000-000

  31. Placed on Calendar Order of 3rd Reading February 23, 2006

  32. Second Reading

  33. Placed on Calendar Order of 2nd Reading February 16, 2006

  34. Do Pass as Amended Local Government; 010-000-000

  35. Senate Committee Amendment No. 1 Adopted

  36. Added as Co-Sponsor Sen. Cheryl Axley

  37. Senate Committee Amendment No. 1 Rules Refers to Local Government

  38. Senate Committee Amendment No. 1 Referred to Rules

  39. Senate Committee Amendment No. 1 Filed with Secretary by Sen. M. Maggie Crotty

  40. Assigned to Local Government

  41. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  42. Added as Co-Sponsor Sen. Martin A. Sandoval

  43. Referred to Rules

  44. First Reading

  45. Filed with Secretary by Sen. M. Maggie Crotty

Sponsors

  • M. Maggie Crotty · Cosponsor

Sponsorship breakdown

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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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% 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

Official roll call →

Third Reading

Passed 111 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 99006
Democrat 8001
Republican 4000
Total 111007
% 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

Official roll call →

Third Reading

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 53000
Republican 1000
Democrat 5000
Total 59000
% 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

Official roll call →

Subjects

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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?
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