101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1622

 

Introduced 2/15/2019, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/24-2.1 new
10 ILCS 5/24A-16  from Ch. 46, par. 24A-16
10 ILCS 5/24B-16
10 ILCS 5/24C-16

    Amends the Election Code. Provides that no voting machine used, adopted, or purchased by an election authority may be made, manufactured, or assembled outside the United States or constructed with parts made, manufactured, or assembled outside the United States, including, but not limited to, any hardware or software. In provisions concerning voting machines, precinct tabulation optical scan technology voting systems, and direct recording electronic voting systems, provides that the State Board of Elections shall not approve any voting equipment or system that is made, manufactured, or assembled outside the United States or constructed with parts made, manufactured, or assembled outside the United States, including, but not limited to, any hardware or software.


LRB101 10471 SMS 55577 b

 

 

A BILL FOR

 

SB1622LRB101 10471 SMS 55577 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 24A-16, 24B-16, and 24C-16 and by adding Section
624-2.1 as follows:
 
7    (10 ILCS 5/24-2.1 new)
8    Sec. 24-2.1. Foreign voting machines prohibited. No voting
9machine used, adopted, or purchased by an election authority
10may be made, manufactured, or assembled outside the United
11States or constructed with parts made, manufactured, or
12assembled outside the United States, including, but not limited
13to, any hardware or software.
 
14    (10 ILCS 5/24A-16)  (from Ch. 46, par. 24A-16)
15    Sec. 24A-16. The State Board of Elections shall approve all
16voting systems provided by this Article.
17    No voting system shall be approved unless it fulfills the
18following requirements:
19        (1) It enables a voter to vote in absolute secrecy;
20        (2) (Blank);
21        (3) It enables a voter to vote a ticket selected in
22    part from the nominees of one party, and in part from the

 

 

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1    nominees of any or all parties, and in part from
2    independent candidates and in part of candidates whose
3    names are written in by the voter;
4        (4) It enables a voter to vote a written or printed
5    ticket of his own selection for any person for any office
6    for whom he may desire to vote;
7        (5) It will reject all votes for an office or upon a
8    proposition when the voter has cast more votes for such
9    office or upon such proposition than he is entitled to
10    cast;
11        (5.5) It will identify when a voter has not voted for
12    all statewide constitutional offices;
13        (6) It will accommodate all propositions to be
14    submitted to the voters in the form provided by law or,
15    where no such form is provided, then in brief form, not to
16    exceed 75 words;
17        (7) It will accommodate the tabulation programming
18    requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2.
19    The State Board of Elections shall not approve any voting
20equipment or system that includes an external Infrared Data
21Association (IrDA) communications port.
22    The State Board of Elections shall not approve any voting
23equipment or system that is made, manufactured, or assembled
24outside the United States or constructed with parts made,
25manufactured, or assembled outside the United States,
26including, but not limited to, any hardware or software.

 

 

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1    The State Board of Elections is authorized to withdraw its
2approval of a voting system if the system fails to fulfill the
3above requirements.
4    The vendor, person, or other private entity shall be solely
5responsible for the production and cost of: all application
6fees; all ballots; additional temporary workers; and other
7equipment or facilities needed and used in the testing of the
8vendor's, person's, or other private entity's respective
9equipment and software.
10    Any voting system vendor, person, or other private entity
11seeking the State Board of Elections' approval of a voting
12system shall, as part of the approval application, submit to
13the State Board a non-refundable fee. The State Board of
14Elections by rule shall establish an appropriate fee structure,
15taking into account the type of voting system approval that is
16requested (such as approval of a new system, a modification of
17an existing system, the size of the modification, etc.). No
18voting system or modification of a voting system shall be
19approved unless the fee is paid.
20    No vendor, person, or other entity may sell, lease, or
21loan, or have a written contract, including a contract
22contingent upon State Board approval of the voting system or
23voting system component, to sell, lease, or loan, a voting
24system or voting system component to any election jurisdiction
25unless the voting system or voting system component is first
26approved by the State Board of Elections pursuant to this

 

 

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1Section.
2(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)
 
3    (10 ILCS 5/24B-16)
4    Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
5Technology Voting Systems; Requisites. The State Board of
6Elections shall approve all Precinct Tabulation Optical Scan
7Technology voting systems provided by this Article.
8    No Precinct Tabulation Optical Scan Technology voting
9system shall be approved unless it fulfills the following
10requirements:
11        (a) It enables a voter to vote in absolute secrecy;
12        (b) (Blank);
13        (c) It enables a voter to vote a ticket selected in
14    part from the nominees of one party, and in part from the
15    nominees of any or all parties, and in part from
16    independent candidates, and in part of candidates whose
17    names are written in by the voter;
18        (d) It enables a voter to vote a written or printed
19    ticket of his or her own selection for any person for any
20    office for whom he or she may desire to vote;
21        (e) It will reject all votes for an office or upon a
22    proposition when the voter has cast more votes for the
23    office or upon the proposition than he or she is entitled
24    to cast;
25        (e-5) It will identify when a voter has not voted for

 

 

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1    all statewide constitutional offices; and
2        (f) It will accommodate all propositions to be
3    submitted to the voters in the form provided by law or,
4    where no form is provided, then in brief form, not to
5    exceed 75 words.
6    The State Board of Elections shall not approve any voting
7equipment or system that includes an external Infrared Data
8Association (IrDA) communications port.
9    The State Board of Elections shall not approve any voting
10equipment or system that is made, manufactured, or assembled
11outside the United States or constructed with parts made,
12manufactured, or assembled outside the United States,
13including, but not limited to, any hardware or software.
14    The State Board of Elections is authorized to withdraw its
15approval of a Precinct Tabulation Optical Scan Technology
16voting system if the system fails to fulfill the above
17requirements.
18    The vendor, person, or other private entity shall be solely
19responsible for the production and cost of: all application
20fees; all ballots; additional temporary workers; and other
21equipment or facilities needed and used in the testing of the
22vendor's, person's, or other private entity's respective
23equipment and software.
24    Any voting system vendor, person, or other private entity
25seeking the State Board of Elections' approval of a voting
26system shall, as part of the approval application, submit to

 

 

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1the State Board a non-refundable fee. The State Board of
2Elections by rule shall establish an appropriate fee structure,
3taking into account the type of voting system approval that is
4requested (such as approval of a new system, a modification of
5an existing system, the size of the modification, etc.). No
6voting system or modification of a voting system shall be
7approved unless the fee is paid.
8    No vendor, person, or other entity may sell, lease, or
9loan, or have a written contract, including a contract
10contingent upon State Board approval of the voting system or
11voting system component, to sell, lease, or loan, a voting
12system or Precinct Tabulation Optical Scan Technology voting
13system component to any election jurisdiction unless the voting
14system or voting system component is first approved by the
15State Board of Elections pursuant to this Section.
16(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
17    (10 ILCS 5/24C-16)
18    Sec. 24C-16. Approval of Direct Recording Electronic
19Voting Systems; Requisites. The State Board of Elections shall
20approve all Direct Recording Electronic Voting Systems that
21fulfill the functional requirements provided by Section 24C-11
22of this Code, the mandatory requirements of the federal voting
23system standards pertaining to Direct Recording Electronic
24Voting Systems promulgated by the Federal Election Commission
25or the Election Assistance Commission, the testing

 

 

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1requirements of an approved independent testing authority and
2the rules of the State Board of Elections.
3    The State Board of Elections shall not approve any Direct
4Recording Electronic Voting System that includes an external
5Infrared Data Association (IrDA) communications port.
6    The State Board of Elections shall not approve any voting
7equipment or system that is made, manufactured, or assembled
8outside the United States or constructed with parts made,
9manufactured, or assembled outside the United States,
10including, but not limited to, any hardware or software.
11    The State Board of Elections is authorized to withdraw its
12approval of a Direct Recording Electronic Voting System if the
13System, once approved, fails to fulfill the above requirements.
14    The vendor, person, or other private entity shall be solely
15responsible for the production and cost of: all application
16fees; all ballots; additional temporary workers; and other
17equipment or facilities needed and used in the testing of the
18vendor's, person's, or other private entity's respective
19equipment and software.
20    Any voting system vendor, person, or other private entity
21seeking the State Board of Elections' approval of a voting
22system shall, as part of the approval application, submit to
23the State Board a non-refundable fee. The State Board of
24Elections by rule shall establish an appropriate fee structure,
25taking into account the type of voting system approval that is
26requested (such as approval of a new system, a modification of

 

 

SB1622- 8 -LRB101 10471 SMS 55577 b

1an existing system, the size of the modification, etc.). No
2voting system or modification of a voting system shall be
3approved unless the fee is paid.
4    No vendor, person, or other entity may sell, lease, or
5loan, or have a written contract, including a contract
6contingent upon State Board approval of the voting system or
7voting system component, to sell, lease, or loan, a Direct
8Recording Electronic Voting System or system component to any
9election jurisdiction unless the system or system component is
10first approved by the State Board of Elections pursuant to this
11Section.
12(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)