Bill Text: IL SB2948 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that the State Board of Elections shall develop procedures for conducting audits of affidavit signatures on ballots cast in each regular election. Provides that each election authority shall select at random 1% of the ballots cast within the jurisdiction of the election authority to be audited in accordance with those procedures. Effective January 1, 2022.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-10-26 - Referred to Assignments [SB2948 Detail]

Download: Illinois-2021-SB2948-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2948 Introduced 10/26/2021, by Sen. Darren Bailey SYNOPSIS AS INTRODUCED:
10 ILCS 5/24A-15 from Ch. 46, par. 24A-15
Amends the Election Code. Provides that the State Board of Elections shall develop procedures for conducting audits of affidavit signatures on ballots cast in each regular election. Provides that each election authority shall select at random 1% of the ballots cast within the jurisdiction of the election authority to be audited in accordance with the those procedures. Effective January 1, 2022.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 24A-15 as follows:
(10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
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

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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 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, as well
as 5% of the voting devices used in early voting. The precincts
and the voting devices to be retabulated shall be selected
after election day on a random basis by the State Board of
Elections, so that every precinct in the election jurisdiction
and every voting device used in early voting has an equal
mathematical chance of being selected. The State Board of
Elections shall design a standard and scientific random method
of selecting the precincts and voting devices which are to be
retabulated. The State central committee chair of each
established political party shall be given prior written

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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 and on the
selected early voting devices. 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 chair
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

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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.
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 early voting device selected for testing
and for each office voted upon within that precinct or on that
voting device, and the comparisons shall be open to the
public.
In addition to the retabulation under this Section,
beginning with the general election held in calendar year
2022, the State Board of Elections shall develop procedures
for conducting audits of affidavit signatures on ballots cast
in each regular election. Each election authority shall select
at random 1% of the ballots cast within the jurisdiction of the
election authority to be audited in accordance with the
procedures developed by the State Board of Elections under
this paragraph.
(Source: P.A. 100-1027, eff. 1-1-19.)
Section 99. Effective date. This Act takes effect January
1, 2022.