TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.10 GENERAL PROVISIONS
Section 204.10 General
Provisions
Pursuant to Sections 24A-16 and
24A-17 of the Election Code [10 ILCS 5/24A-16 and 24A-17], no voting system
shall be used in this State unless approved for use by the State Board of
Elections in accordance with this Part.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
 | TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.20 DEFINITIONS
Section 204.20 Definitions
"Applicant"
is any individual, public official, public body, trust, partnership, committee,
association, corporation, vendor, user or any other organization or group of
persons seeking to use or market any voting system or voting system component.
"Commercial Off the Shelf"
or "COTS" is any commercial, readily available hardware devices (such
as printers or personal computers) or software products (such as operating
systems, programming language compilers, or database management systems).
"Computer Code" consists
of, but is not limited to, ballot counting source code, table structures,
modules (compiled source code), program narratives, installation instructions,
operations instructions, data flows, deployment platforms, compatibility
considerations for hardware, software and firmware, and any other documentation
relevant to the structure and operation of the ballot counting system.
"Preliminary
Review" shall consist of a full technical and procedural review of the
proposed voting system component and of no more than three different and
separate preaudited ballot counting tests created by the Board's staff. The
purpose of the review and testing is to determine the proposed system's ability
to adhere to ballot management procedures required by statute and rule and to
tabulate ballots and report results as prescribed by the Election Code [10 ILCS
5].
"User"
is any individual, public official, public body, trust, partnership, committee,
association, corporation or any other organization or group of persons owning,
using, or contracting for the purchase or use of any voting system or voting
system component involved in the election process.
"Vendor"
is any individual, trust, partnership, committee, association, corporation or
any other organization or group of persons contracting to supply any voting
system or voting system component involved in the election process.
"Voting
System" or "Electronic Voting System" means that combination of
equipment and programs used in the casting, examination and tabulation of
ballots and the cumulation and reporting of results by electronic means.
(Source: Amended at 33 Ill.
Reg. 13937, effective September 16, 2009)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.30 JURISDICTION PROFILE
Section 204.30 Jurisdiction
Profile
The Board shall develop and
maintain for each election jurisdiction a jurisdiction profile that will be
used to assess a voting system's capability to be utilized and maintained in
the proposed election jurisdiction. The profile shall consist of information
such as:
a) Demographic characteristics that shall specify at a minimum
the population size, densities, and characteristics.
b) Jurisdiction characteristics that shall specify at a minimum
the number of registered voters; geographical size; computer facilities;
availability of support functions; polling place locations and facilities;
number of precincts; registered voters per precinct; average voter turnout; a
record of voting system performance for each election; ratio of voters to
machines/devices; type of tabulation activity; ballot size; complexity and
configurations; number of qualified parties; number of primaries; number of
elections per year; turnaround time between elections; and ballot rotation
sequence difference.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.40 CRITERIA FOR APPROVAL OF VOTING SYSTEMS
Section 204.40 Criteria for
Approval of Voting Systems
a) A full review of each voting system shall be conducted to
ensure that no voting system shall be approved unless it fulfills the following
requirements as set forth in Section 24A-16 of the Election Code:
1) It enables a voter to vote in absolute secrecy;
2) 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;
3) 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;
4) 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;
5) 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.
b) Any review of a voting system shall consist of an evaluation
of the characteristics of the system in order to determine what set of
characteristics are needed to enable the system to fulfill the requirements set
forth in subsection (a), such as:
1) Physical characteristics, including design, engineering,
materials and ability to communicate;
2) Software performance, including, to the maximum extent
possible, a review of application programs, audit trails of overvotes and
undervotes, duplicate programs, object code, source code, support software, data
integrity, media security, and multi-programming;
3) Ballot and voting characteristics, such as the capacity of the
ballot to contain multiple configurations;
4) Ballot processing characteristics, including the preparation,
accurate tabulation for both primary and general election ballots and
transportation of ballots;
5) Function and service characteristics, including the
interaction and relationship, if any, of non-election related system functions
with election related functions;
6) Human performance standards, such as extent of training and
degree of manual dexterity needed;
7) Management standards, including setup, maintenance and
security procedures.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.50 APPLICATION FOR APPROVAL OF VOTING SYSTEMS
Section 204.50 Application
for Approval of Voting Systems
a) In order to obtain Board approval of a voting system, a
written application must be made to the Board. The application shall, at a
minimum, contain the following:
1) A general description of the proposed system.
2) The description, nomenclature, specifications and intended use
or uses of all voting system components comprising the proposed voting system.
3) A description of all contemplated and possible uses of the
voting system software components.
4) A description of support services provided for the proposed
voting system.
5) Applicant's primary address, telephone number and e-mail
address and the names, addresses, e-mail addresses and telephone numbers of individuals
and/or corporations who will be responsible for marketing the proposed voting
system.
6) The time period in which the applicant has actively engaged in
marketing the proposed voting system.
7) A complete list of election jurisdictions currently using the
proposed voting system, including the size of the jurisdiction and the names
and addresses of the election authorities.
8) A complete list of jurisdictions currently contracting with
the applicant for voting system components.
9) A complete list of election jurisdictions in Illinois in which
the applicant is seeking to market the proposed voting system.
10) If known, a complete list of election jurisdictions in
Illinois in which the applicant proposes to experimentally use the proposed
voting system.
b) Application Fee
1) The
non-refundable application fee shall be allocated pursuant to the following:
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A)
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New system approval
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$750
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B)
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Software modification of a previously approved system
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$500
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C)
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Hardware modification of a previously approved system
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$250
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D)
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Hardware modification limited to "Commercial Off the
Shelf" hardware for a previously approved system such as printers and
personal computers
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$100
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2) Failure
to submit the application fee will cause the application to be incomplete and
prevent the approval of the voting system or system modification. No State
testing may begin prior to the Board's receipt of the fee and a complete
application. Staff will notify the applicant in writing of the receipt of the
application and the fee. Any incomplete application or incorrect fee will be
returned to the applicant with a request for correction.
c) The Computer Code as defined in Section 204.20 shall be submitted
as part of the completed application for approval.
d) No vendor or user shall offer to sell, lease, loan, give or
otherwise supply to any user or potential user any voting system or voting
system component, and no user shall place in operation any voting system or
voting system component, without first submitting to the Illinois State Board
of Elections the application for approval identified in subsection (a). A
completed application for approval shall be submitted not less than six months
prior to any election in which a voting system or support component is proposed
for use.
e) Failure to provide the application in accordance with
subsection (c) shall result in the denial of any application or request for
emergency approval of an electronic voting system that might otherwise be
appropriate under Section 204.160 of this Part.
f) The reasonable expenses incurred, except those expenses
related to escrow of submitted Computer Code, by the State Board of Elections
in conducting the approval process of the voting system shall be borne by the
applicant for approval of the voting system or system component. Expenses for
which the applicant shall be liable shall be limited to goods and materials
necessary for the review process, necessary travel in accord with State travel
regulations (80 Ill. Adm. Code 2800), use of contract consultants, and the
actual cost of any computer support. Expenses shall be documented and
submitted to the applicant at the end of full review prior to interim approval
as defined in Section 204.90, and within 10 days after the completion of any
testing conducted between interim and final approval as defined in Section 204.100.
Payment of the costs shall be made by the applicant within 10 days after
receipt. The Board shall not grant interim approval or full approval of a
voting system or system component until the applicant has fully satisfied the
monetary obligation incurred by the Board during the review process. Reasonable
expenses are those customary and usual charges for goods and services of value
and quality acceptable in the computer science industry. Board staff shall
determine in the first instance what expenses are reasonable, and an applicant
who believes that the staff determination is incorrect may ask for review of
the determination by the State Board of Elections.
(Source: Amended at 33 Ill.
Reg. 13937, effective September 16, 2009)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.55 PROVISION OF THE VOTING SYSTEM COMPUTER CODE
Section 204.55 Provision of the Voting System Computer
Code
a) All
voting system vendors, whether currently providing an election authority with a
voting system already approved by the State Board of Elections, submitting an
application for approval of a voting system for the first time, or submitting
for approval a modification, update or change in an existing voting system,
shall provide to the Board the Computer Code associated with the voting system,
to be placed in escrow with the Board. Failure to submit the code by December 1, 2005 or as part of an application for approval shall be cause for withdrawal
of the approval subject to Section 204.120 or for rejection of the application
for failure to submit a completed application for approval.
b) The Computer
Code shall be placed in a safety deposit box located at a secure facility
chosen by the State Board of Elections, with access limited to designated staff
of the State Board of Elections and those persons specifically authorized by
Section 23-15.1 of the Election Code to have access to the code in conjunction
with the proceedings of an election contest. The safety deposit box shall at
all times contain a log of its current contents. This log shall be a printed
copy of an electronic document on file at the State Board of Elections. Access
to this document shall be limited to designated staff of the State Board of
Elections.
c) To
maintain a chain of custody for the Computer Code, a log shall be maintained by
the State Board of Elections tracking the whereabouts, handling and movement of
any kind of the medium containing the code from the moment it comes into
possession of the State Board of Elections until its return to the vendor who
submitted it.
1) The
log for the Computer Code shall include but not be limited to the following:
A) The
name of the vendor submitting the code;
B) the
name of the voting system containing the code;
C) whether
the submission is for an approved or existing system, a proposed system or a
modification of an existing system (if it is a modification of an existing
system, the reason for the modification, along with the new version number,
shall also be included);
D) the
date the code was received, opened and examined by the designated State Board
of Elections staff member, along with that staff member's name;
E) the
date and initials of the designated staff person who delivered the medium to
the safety deposit box; and
F) the
date the old version of the Computer Code (if a newer source code is provided)
was returned to the vendor.
2) The log
shall also list any problems with the Computer Code medium, including but not
limited to any non-compliant or unreadable media, along with the date that the medium
was returned to the vendor.
3) A
separate log shall be created in the event that a Computer Code is required to
be copied and delivered to a judge or tribunal overseeing an election contest
in which the Computer Code is a subject of the contest. This separate log
shall indicate:
A) the date the code was
requested and provided;
B) to whom it was provided;
C) the jurisdiction in
which the voting system was used;
D) the election that was
contested;
E) the
name of the judge or tribunal presiding over the case, along with the venue and
docket or case number;
F) the
date of the order;
G) the
date of the return of the Computer Code to the State Board of Elections; and
H) the
designated staff persons who were responsible for the copying, delivery and
receipt of the affected Computer Code medium.
d) Representatives
of the voting system and vendors providing the Computer Code in question shall
have access to the logs described in this subsection (c)(3) provided that the
representatives make prior arrangements with the SBE in consideration of mutual
convenience.
e) In
the proceedings of an election contest, access to a vendor's Computer Code is
limited to the particular code being used by the voting systems actually
utilized in the election being contested and will only be released pursuant to
an order of a judge or tribunal hearing the contest. In the event that an
order is issued to provide the Computer Code, written notice will be given to
the vendor as soon as practicable, but in no case shall it be given less than
two business days from the date of receipt of the order by the State Board of
Elections. Any authorized recipients of the Computer Code must enter into a
nondisclosure agreement with the Board. The Board will provide the agreement
to all authorized voting system vendors upon receipt of the code.
f) All Computer
Code shall be provided in a medium chosen by the State Board of Elections and
shall not be password protected. The Computer Code provided by each vendor
shall be accompanied by a list describing what is being provided and, if
necessary, instructions detailing the proper method for its reproduction. The
list shall include the file names, file types, and file versions, a brief file
description, and a reference to the corresponding object or Computer Code
files. The vendor shall provide to the Board, at least 60 days prior to an
election, a list of the names of all the Illinois election authorities who are
using the approved Computer Code and, if more than one is being used in a
jurisdiction, the versions being used. The lists required by this subsection shall
be updated and submitted to the Board, upon any changes in the users or changes
to the Computer Code, within 10 business days after the change, but in no case
less than 5 days prior to an election. The Computer Code shall at no time be
copied, reproduced, published, divulged or publicly disseminated in any way by
the State Board of Elections unless a judge or tribunal overseeing an election
contest orders its production.
g) Any
staff member of the State Board of Elections who intends to handle or otherwise
have access to a vendor's Computer Code required to be provided by Section
23-15.1 of the Election Code must be so designated by the Executive Director of
the State Board of Elections.
h) Return
of Escrowed Computer Code to Vendor
1) The
State Board of Elections shall return all escrowed Computer Code to the vendor
when:
A) the
Board refuses to grant approval subject to Section 204.110 of this Part; or
B) the
Board withdraws approval subject to Section 204.120 of this Part and at least
23 months have elapsed since the last election in which the Computer Code was
used to tabulate ballots in the State, if no election contest is pending
involving the code.
2) To
insure the receipt of the returned escrowed Computer Code by the vendor, the
State Board of Elections shall place the code in a suitable envelope or other
appropriate container and send it to the vendor by registered mail, return
receipt requested. If the code is returned to the State Board of Elections as
non-deliverable, or the return of the code to the vendor is otherwise unable to
be accomplished, it shall be destroyed by the State Board of Elections in a
suitable manner.
(Source: Added at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.60 PRELIMINARY DETERMINATION AND REVIEW OF THE PROPOSED VOTING SYSTEMS
Section 204.60 Preliminary
Determination and Review of the Proposed Voting Systems
a) Upon the Board's receipt of a completed application requesting
approval of a voting system and the appropriate application fee, a preliminary
determination shall be made as to whether the proposed voting system has the
capability of fulfilling the criteria prescribed in Section 204.40.
b) If the preliminary determination indicates that the proposed
voting system appears to fulfill the criteria prescribed in Section 204.40,
then the staff of the Board will conduct a preliminary review of the proposed
voting system.
c) Insofar as practical, the preliminary review of the proposed
voting system will consist of the creation of a pre-audited ballot counting
test by the Board's staff that will be delivered to the applicant. The
applicant shall tabulate the ballots contained within the pre-audited ballot
counting test and generate, at a minimum, individual precinct result total
reports and cumulative result total reports that, along with the pre-audited
ballot counting test, will be delivered to the Board. The Board's staff shall
review the reports submitted by the applicant and submit a preliminary review
findings and conclusions report to the Board and the applicant.
d) If the preliminary review report indicates that the proposed
voting system appears to demonstrate the capability to fulfill the criteria
prescribed in Section 204.40, the staff of the Board shall continue with the full
review process to demonstrate satisfactory performance of the proposed voting
system as prescribed in Section 204.70. A system fails preliminary review when
it fails to fulfill the criteria of Section 204.40 by the conclusion of the
third ballot counting test.
e) If the preliminary review report indicates that the proposed
system fails to demonstrate the capability to fulfill the criteria prescribed
in Section 204.40, the staff of the Board shall cease any further review of the
system. Any application for system approval offered by an applicant who has
previously failed during the preliminary review or full review process shall
not be considered by staff for a period of one year from the date of
determination by the Board.
(Source: Amended at 33 Ill.
Reg. 13937, effective September 16, 2009)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.70 FULL REVIEW PROCEDURES
Section 204.70 Full Review
Procedures
a) Board staff shall, after giving written notice, make an
on-site inspection to review production and testing of equipment and to
interview personnel involved in the development of the proposed voting system.
b) Board staff shall prepare and perform a test of the proposed
voting system to determine whether the system fulfills the criteria and
requirements of Section 204.40. The test shall be conducted under conditions
that, to the maximum extent possible, simulate election-day conditions.
c) Board staff shall prepare a profile showing:
1) The past performance experience and reliability of the
proposed voting system as demonstrated in other election jurisdictions;
2) The reputation of the vendor's reliability in performing
service and maintenance agreements.
d) Board staff shall prepare and submit a report to the Board
stating the findings and conclusions of their review of the proposed voting
system. A copy of the report shall be transmitted to the applicant.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.75 REVIEW AND VERIFICATION OF COMPUTER CODE
Section 204.75 Review and Verification of Computer Code
The State Board of Elections shall conduct a review in each
jurisdiction in which it conducts a test of the vote counting equipment
pursuant to Section 207.40 to verify that the Computer Code being utilized by
the voting system in that jurisdiction is consistent with the most recent Computer
Code submitted by the vendor for use in that jurisdiction. A written record of
the review shall be produced and maintained by the State Board of Elections for
a period of 2 years following the review.
(Source: Added at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.80 HEARING TO CONSIDER STAFF REVIEW REPORT
Section 204.80 Hearing to
Consider Staff Review Report
a) The Board shall conduct a hearing to consider the staff's
review report.
b) The applicant shall be given 21 days written notice of the
date, time and location of the hearing.
c) The Board shall provide the applicant the opportunity to
attend the hearing and present any additional evidence or material relevant to
the staff review report that would assist the Board in making a preliminary
determination, on the basis of the staff review report, as to whether to
approve the proposed voting system.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.90 INTERIM APPROVAL OF VOTING SYSTEMS
Section 204.90 Interim
Approval of Voting Systems
a) If the Board, based upon the staff review report or any
additional data submitted to it by the applicant pursuant to Section 204.80(c),
preliminarily determines that the proposed voting system demonstrates the
capability to fulfill all of the requirements set forth in Sections 24A-16 of
the Election Code and Section 204.40(a) of this Part, the Board shall approve
the use of the system on an interim basis. Approval shall limit the use of the
system to specific election jurisdictions or precincts, to specific elections,
and to specific procedural functions if the Board determines the limitation to
be necessary due to inability of the applicant to furnish system components
and/or the ability of the system to address characteristics of the particular
elections.
b) Any interim approval granted by the Board shall be for a
period not to exceed 2 years.
c) During the interim approval period, the Board staff shall
monitor the performance of the proposed voting system and shall, at the
expiration of the interim approval period, submit a written report to the Board
indicating staff's findings, conclusions, and final recommendations.
d) Within 30 days following the expiration of the interim
approval period, the applicant shall submit to the Board a written request for
final approval of the proposed voting system. The applicant shall also submit
at the same time its own report identifying what problems, if any, were
encountered by the proposed voting system during the interim approval period.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.100 FINAL APPROVAL OF VOTING SYSTEMS
Section 204.100 Final
Approval of Voting Systems
a) The Board, on the basis of the application on file before it,
the findings, conclusions and recommendations of the staff, any reports or
additional documentation submitted by the applicant, and the demonstrated
performance of the proposed voting system during the interim approval period,
shall make its determination whether to grant final approval of the proposed
voting system for use in one or more election jurisdictions in Illinois.
b) The Board's final approval shall specify, at a minimum, the
following:
1) The description, nomenclature, specifications and intended use
or uses of all voting system components used in the proposed voting system.
2) Identification, size, and nature of the type of election
jurisdiction where the proposed voting system may be employed.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.110 REFUSAL TO GRANT APPROVAL OF VOTING SYSTEMS
Section 204.110 Refusal to
Grant Approval of Voting Systems
Whenever the applicant fails to
demonstrate, after the preliminary determination, the preliminary review or the
full review, that the proposed voting system has the capability to fulfill the
criteria prescribed in Section 204.40, the Board shall notify the applicant in
writing that the Board will not grant approval of the proposed voting system
and that the application is denied. Denial of the application shall prevent
the applicant from submitting a new application for approval of the same voting
system or system component to the Board within one year from the date of the
Board's decision.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.120 WITHDRAWAL OF APPROVAL OF VOTING SYSTEMS
Section 204.120 Withdrawal
of Approval of Voting Systems
a) If, at any time subsequent to the Board's approval or interim
approval of a voting system, the Board determines that the approved voting
system fails to fulfill the criteria prescribed in Section 204.40, or the
vendor failed to submit or use the proper Computer Code or the Computer Code
has not been used for at least 23 months to tabulate ballots in an election, the
Board shall notify any users or vendors of that particular voting system that
the Board's approval of that system is to be withdrawn. The notice shall be in
writing, shall specify the reasons why approval of the system is being
withdrawn, and shall specify the date on which the withdrawal is to become
effective.
b) Any vendor or user of a voting system may request, in writing,
that the Board reconsider its decision to withdraw approval of the voting
system. Upon receipt of a request, the Board shall hold a public hearing for
the purpose of reconsidering the decision to withdraw approval and any
interested person shall be given an opportunity to make a presentation either
in support of or in opposition to the Board's decision.
c) The Board shall, on the basis of the record before it, either
affirm or reverse its decision to withdraw approval. In the alternative, the
Board may also order that the voting system be given further review by the
Board's staff in accordance with this Part and also, if appropriate, order that
the voting system be subject to interim approval as determined by the Board.
(Source: Amended
at 29 Ill. Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.130 SUBSEQUENT MODIFICATION OF VOTING SYSTEMS
Section 204.130 Subsequent
Modification of Voting Systems
Any modification or change in
the description, nomenclature, specifications, characteristics or use of any
voting system components that relates to the election process shall constitute
a change in the approved voting system and shall require submission and
approval of an application and the appropriate application fee, as prescribed
in Section 204.50, and submission of the Computer Code for the modification or
change. However, modifications or changes that normally occur as a result of
the election process, which shall include but not be limited to object code
programming, instruction manual revisions, and ballot printing, shall not
constitute a modification or change in the approved system.
(Source: Amended at 33 Ill.
Reg. 13937, effective September 16, 2009)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.140 MONITORING OF VOTING SYSTEMS
Section 204.140 Monitoring
of Voting Systems
a) The staff of the Board shall have the authority and
responsibility to test and monitor the use of approved voting systems to ensure
that the system is operating according to specifications. Monitoring shall be
conducted at times when the voting system is normally engaged by the election
authority.
b) The State Board of Elections may select, on a rotation basis,
election jurisdictions in which to order a special test of the automatic
tabulating equipment and program prior to any regular election. In addition,
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 more than
35 days nor less than 30 days prior to any election, the State Board of
Elections shall provide 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 Board's tests shall be
conducted and completed not less than 2 days prior to the public test. The
Board will provide testing materials, will supervise the test, and will cover
reasonable costs of computer time required to conduct the special test.
c) Testing may be conducted at other times upon the request of
the Board and with the agreement of the election authority.
d) Each election authority shall send to the State Board of
Elections written notice of the type of voting system it will use for any
regular or special election. The notice shall be on a form prescribed and
supplied by the Board and shall include, but not be limited to, the hardware
components and respective serial numbers, software vendors, hardware vendors,
ballot card/sheet vendor, ballot card type, staff personnel authorized to
operate the system, location where system shall operate, and backup support
procedures if the system fails. The notice must arrive at the Board at least
45 days prior to any regular or special election. The Board shall supply the
election authorities with sufficient copies of the notice form.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.150 VOTING SYSTEMS IN USE ON THE EFFECTIVE DATE OF THIS PART (REPEALED)
Section 204.150 Voting
Systems in Use on the Effective Date of this Part (Repealed)
(Source: Repealed at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.160 EMERGENCY APPROVAL OF A VOTING SYSTEM
Section 204.160 Emergency
Approval of a Voting System
a) The Board shall have the authority, upon written request, to
grant emergency approval of a voting system limited to one election. The emergency
approval shall specify, at a minimum, the following:
1) The reason for the emergency approval;
2) The description of the voting system prepared for use in the
emergency; and
3) The specific election jurisdiction and specific election in
that the voting system will be employed.
b) The Board shall approve the application for emergency approval
if the following conditions are met:
1) Error-free completion of a staff-prepared ballot tabulation
test that demonstrates the system fulfills the provisions of Section 204.40(a);
2) Demonstration that an approved system is not available for use
in the election in question; and
3) Demonstration that the requirements specified in Section
204.100(c)(1), (2), and (3) have, to the maximum extent possible, been complied
with in connection with this emergency approval.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.170 JURISDICTION OF ELECTION AUTHORITY OVER VOTING SYSTEM'S PERSONNEL
Section 204.170 Jurisdiction
of Election Authority over Voting System's Personnel
All persons, including
programmers, systems analysts and machine operators, engaged in the counting of
the ballots or in the planning for usage of tabulating or electronic equipment
shall be deputized by, and under the jurisdiction of, the county clerk or board
of election commissioners, as the case may be.
(Source: Amended at 29 Ill.
Reg. 13734, effective August 25, 2005)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 204
APPROVAL OF VOTING SYSTEMS
SECTION 204.180 NUMBER OF VOTING BOOTHS
Section 204.180 Number of
Voting Booths
The number of voting booths
shall remain under the jurisdiction of the local election authority.
(Source: Section 204.180 renumbered from Section 204.40 at 9 Ill. Reg.
10733, effective July 1, 1985)
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