Bill Status of SB 1683   94th General Assembly


Short Description:  ELECTIONS-PROVISIONAL BALLOTS

Senate Sponsors
Sen. Don Harmon-Jacqueline Y. Collins-Kwame Raoul-Mattie Hunter

House Sponsors
(Rep. Julie Hamos and Robin Kelly)


Last Action  View All Actions

DateChamber Action
  1/9/2007SenateSession Sine Die

Statutes Amended In Order of Appearance
10 ILCS 5/18A-15
10 ILCS 5/23-15.1
10 ILCS 5/24C-2
10 ILCS 5/24C-12

Synopsis As Introduced
Amends the Election Code. Provides that casting a provisional ballot in the incorrect precinct does not invalidate that ballot's votes. Requires the State Board of Elections to adopt rules for the counting of those votes. Provides that the provisional voter's affidavit serves as a change of address request for registration purposes if it bears an address different from the election authority's record. With respect to electronic voting systems, removes the requirement that a vendor's computer codes must be kept confidential. Makes those codes public records but permits a vendor to retain copyrights. With respect to reviewing the computer codes of electronic voting systems, requires that the State Board of Elections shall provide sufficiently qualified human and capital resources for conducting reviews and that the resources shall have no affiliation with voting systems vendors. With respect to audit trails of direct recording electronic voting systems, requires that all test results, documentation, and other records used to plan, execute, and review the results of testing and verification shall be public records. With respect to direct recording electronic voting systems, removes the option that the permanent paper record of a vote may be self-contained within the voting device and requires that the paper record be printed in a clear and readily readable format that can be easily reviewed by the voter.

Senate Floor Amendment No. 2
Adds reference to:
10 ILCS 5/18A-5
10 ILCS 5/24C-2.5 new

Deletes everything after the enacting clause. Reinserts Senate Bill 1683 with the following changes: Requires that computer codes of commercial, off the shelf software be placed in escrow with the State Board and that all codes placed in escrow also be available via the Internet. With respect to direct recording electronic voting systems, requires that a voter-verifiable paper ballot be produced and that the paper ballot is the official ballot that must be counted by means other than the equipment that produces it. Requires a random audit of the system consisting of a recount of the ballots in 5% of an election authority's precincts. Requires that the test plans, as well as the test results, pertaining to the system are public records and must be available on the Internet. Redefines a "computer program" to include displays of information or graphics. With respect to provisional ballots, removes the bill's provisions that the State Board of Elections must adopt rules for counting ballots cast in the incorrect precinct. Requires that a person cast a provisional ballot if the person (i) registered by mail and (ii) is required by law to produce identification when voting but fails to do so. Provides that the first procedure for a person to obtain and cast a provisional ballot is verification by an election judge that the person's address is within the precinct's boundaries. If the address is outside the precinct boundaries, requires that the judge (i) inform the person of that fact, (ii) provide the person with the election authority's telephone number to determine the proper polling place, and (iii) instruct the person to go to that polling place to vote. Specifies that a provisional voter's affidavit must include only those items of requires information that are available. Changes the form of the provisional voter's affidavit. Requires that provisional ballots cast after 7 p.m. by court order must be kept separate from other provisional ballots. When an election authority is determining the validity of a provisional ballot, provides that the affidavit must include at least the voter's (i) first and last names, (ii) house number and street name, and (iii) signature or mark. Provides that when an election authority determines that one of the specified source of information yields relevant information, the election authority need not obtain information from all the other sources but may obtain information until satisfied that the provisional voter is registered and entitled to vote. Adds an immediate effective date.

 Fiscal Note (State Board of Elections)
 The fiscal impact of this bill is difficult to estimate. The way the bill is currently written, it mandates that the SBE test every voting machine (NOT the program that is loaded on to these machines. For example, in Cook County and Chicago alone, there are over 5,000 machines; we would need over 100 people working around the clock for years, not just prior to an election, to satisfy this mandate.

Actions 
DateChamber Action
  2/24/2005SenateFiled with Secretary by Sen. Don Harmon
  2/24/2005SenateFirst Reading
  2/24/2005SenateReferred to Rules
  3/2/2005SenateAssigned to Local Government
  3/9/2005SenatePostponed - Local Government
  3/16/2005SenateDo Pass Local Government; 006-004-000
  3/16/2005SenatePlaced on Calendar Order of 2nd Reading March 17, 2005
  4/6/2005SenateFiscal Note Requested by Sen. Wendell E. Jones
  4/7/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  4/7/2005SenateSenate Floor Amendment No. 1 Referred to Rules
  4/8/2005SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  4/8/2005SenateSenate Floor Amendment No. 2 Referred to Rules
  4/8/2005SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/11/2005SenateSenate Floor Amendment No. 1 Rules Refers to Local Government
  4/11/2005SenateSenate Floor Amendment No. 2 Rules Refers to Local Government
  4/11/2005SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  4/12/2005SenateSenate Floor Amendment No. 1 Tabled in Local Government; by Harmon
  4/12/2005SenateSenate Floor Amendment No. 2 Recommend Do Adopt Local Government; 010-000-000
  4/12/2005SenateFiscal Note Filed from the State Board of Elections.
  4/13/2005SenateSecond Reading
  4/13/2005SenateSenate Floor Amendment No. 2 Adopted; Harmon
  4/13/2005SenatePlaced on Calendar Order of 3rd Reading April 14, 2005
  4/15/2005SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  4/15/2005SenateThird Reading - Passed; 059-000-000
  4/15/2005HouseArrived in House
  4/15/2005HousePlaced on Calendar Order of First Reading
  4/15/2005HouseChief House Sponsor Rep. Julie Hamos
  4/15/2005HouseFirst Reading
  4/15/2005HouseReferred to Rules Committee
  4/27/2005HouseAssigned to Executive Committee
  4/28/2005HouseAdded Alternate Co-Sponsor Rep. Robin Kelly
  5/13/2005HouseRule 19(a) / Re-referred to Rules Committee
  1/9/2007SenateSession Sine Die

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