100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4862

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/22-19 new

    Amends the Election Code. Authorizes election authorities to conduct risk-limiting audits before and after the certification of election results. Provides that the determination to conduct a risk-limiting audit, the scope of an audit, and the uses of the results of an audit are entirely within the discretion of the election authority. Requires the State Board of Elections to adopt rules for the creation of a certification process for certifying that the procedure to be used by an election authority comports with the specified requirements. Provides for waiver of the certification process. Defines "risk-limiting audit". Effective immediately.


LRB100 20421 MJP 35752 b

 

 

A BILL FOR

 

HB4862LRB100 20421 MJP 35752 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 adding Section
522-19 as follows:
 
6    (10 ILCS 5/22-19 new)
7    Sec. 22-19. Risk-limiting election audits.
8    (a) Notwithstanding any other provision of law, an election
9authority is authorized to conduct a risk-limiting audit before
10the certification of the results of an election as provided
11under Section 22-18. The determination to conduct a
12risk-limiting audit, the scope of an audit, and the uses of the
13results of an audit are entirely within the discretion of the
14election authority. The provisions of the law regarding the
15anonymity of the ballot and chain of custody shall be observed
16in any process conducted under this subsection (a).
17    (b) Notwithstanding any other provision of law, an election
18authority is authorized to conduct a risk-limiting audit after
19the results of an election have been certified and the period
20for filing an election contest has expired. The determination
21to conduct a risk-limiting audit, the scope of an audit, and
22the uses of the results of an audit are entirely within the
23discretion of the election authority.

 

 

HB4862- 2 -LRB100 20421 MJP 35752 b

1    (c) The State Board of Elections shall adopt rules to
2create a certification process for certifying that the
3procedure to be used by an election authority comports with the
4requirements of this Section, uses generally-accepted
5statistical methods, and meets the standards for best practices
6to insure statistically sound results. Upon application by an
7election authority, accompanied by a sufficient showing of the
8statistical soundness of an election authority's risk-limiting
9audit methods, the State Board of Elections may waive the
10certification process requirement for that election authority,
11notwithstanding the rules adopted under this subsection (c).
12    (d) For the purposes of this Section, "risk-limiting audit"
13means a process of examining election materials, including
14ballots, under an audit protocol that makes use of statistical
15methods and is designed to limit the risk of the certification
16of an incorrect election outcome. The method used in a
17risk-limiting audit shall be capable of producing an outcome
18that demonstrates a strong statistical likelihood that the
19outcome of an election is correct.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.