102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2038

 

Introduced 2/26/2021, by Sen. Darren Bailey

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/24-0.5 new
10 ILCS 5/24A-0.5 new
10 ILCS 5/24B-0.5 new
10 ILCS 5/24C-0.5 new

    Amends the Election Code. Provides that certain Articles of the Code are subject to specified voting limitations. Requires election authorities to use hand-marked paper ballots that may be counted by hand or read through optical scan technology. Requires election authorities to implement strict chain of command procedures for ballots, voter registration polls, and tabulation results. Requires the State Board of Elections to implement software that monitors and detects vulnerabilities to the security of the voter registration rolls. Provides the State Board of Elections with rulemaking authority to adopt rules necessary to implement the provisions. Makes other changes.


LRB102 15885 SMS 21254 b

 

 

A BILL FOR

 

SB2038LRB102 15885 SMS 21254 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 Sections
524-0.5, 24A-0.5, 24B-0.5, and 24C-0.5 as follows:
 
6    (10 ILCS 5/24-0.5 new)
7    Sec. 24-0.5. Voting security.
8    (a) As used in this Section, "hand-marked paper ballot"
9means a paper ballot marked by the voter by hand.
10    (b) Notwithstanding any other law to the contrary, the
11provisions of this Article are subject to the following
12limitations:
13        (1) An election authority shall use a voting system
14    that requires the use of a hand-marked paper ballot of the
15    voter's vote that shall be marked and made available for
16    inspection and verification by the voter before the
17    voter's vote is cast and counted and which shall be
18    counted by hand or read by precinct tabulation optical
19    scan technology voting equipment or another counting
20    device.
21        (2) The election judges shall advise each voter that
22    he or she has the opportunity to correct any error on the
23    hand-marked paper ballot before the permanent hand-marked

 

 

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1    paper ballot is counted and preserved.
2        (3) The voting system shall not preserve the
3    hand-marked paper ballots in any manner that makes it
4    possible, at any time after the ballot has been cast, to
5    associate a voter with the record of the voter's vote
6    without the voter's consent.
7        (4) The hand-marked paper ballot shall constitute the
8    official ballot and shall be preserved and used as the
9    official ballot for purposes of any recount or audit
10    conducted.
11        (5) Each hand-marked paper ballot used shall be
12    suitable for a manual audit and shall be counted by hand in
13    any recount or audit conducted.
14        (6) If any inconsistencies or irregularities between
15    any electronic vote tallies and the vote tallies
16    determined by counting by hand the hand-marked paper
17    ballots, the hand-marked paper ballots shall be the true
18    and correct record of the votes cast.
19        (7) If there is any inconsistency between any
20    electronic vote tallies and the vote tallies determined by
21    counting by hand the hand-marked paper and it is
22    demonstrated by clear and convincing evidence in any
23    recount, audit, or contest of the result of the election
24    that the hand-marked paper ballots have been compromised
25    (by damage or mischief or otherwise) and that a sufficient
26    number of the ballots have been so compromised that the

 

 

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1    result of the election could be changed, the determination
2    of the appropriate remedy with respect to the election
3    shall be made in accordance with this Code, except that
4    the electronic tally shall not be used as the exclusive
5    basis for determining the official certified result.
6        (8) The State Board of Elections shall implement
7    software that monitors vulnerabilities to the security of
8    the voter registration rolls and detects intrusions to the
9    voter registration rolls and the origins of such
10    intrusions.
11        (9) Election authorities shall implement strict chain
12    of custody procedures for ballots, ballot boxes, poll
13    lists and poll books, and memory from voting tabulators.
14        (10) An election authority may not use an electronic
15    device to tabulate votes or determine voter registration
16    that has remote access or that can otherwise access the
17    Internet.
18        (11) The requirements of this subsection (b) apply to
19    all ballots cast in elections under this Code, including
20    ballots pursuant to Articles 19, 19A, and 20.
21    (c) The State Board of Elections shall adopt any rules for
22the necessary implementation of this Section, including its
23impact on the provisions of this Article.
 
24    (10 ILCS 5/24A-0.5 new)
25    Sec. 24A-0.5. Voting security.

 

 

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1    (a) As used in this Section, "hand-marked paper ballot"
2means a paper ballot marked by the voter by hand.
3    (b) Notwithstanding any other law to the contrary, the
4provisions of this Article are subject to the following
5limitations:
6        (1) An election authority shall use a voting system
7    that requires the use of a hand-marked paper ballot of the
8    voter's vote that shall be marked and made available for
9    inspection and verification by the voter before the
10    voter's vote is cast and counted and which shall be
11    counted by hand or read by precinct tabulation optical
12    scan technology voting equipment or another counting
13    device.
14        (2) The election judges shall advise each voter that
15    he or she has the opportunity to correct any error on the
16    hand-marked paper ballot before the permanent hand-marked
17    paper ballot is counted and preserved.
18        (3) The voting system shall not preserve the
19    hand-marked paper ballots in any manner that makes it
20    possible, at any time after the ballot has been cast, to
21    associate a voter with the record of the voter's vote
22    without the voter's consent.
23        (4) The hand-marked paper ballot shall constitute the
24    official ballot and shall be preserved and used as the
25    official ballot for purposes of any recount or audit
26    conducted.

 

 

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1        (5) Each hand-marked paper ballot used shall be
2    suitable for a manual audit and shall be counted by hand in
3    any recount or audit conducted.
4        (6) If any inconsistencies or irregularities between
5    any electronic vote tallies and the vote tallies
6    determined by counting by hand the hand-marked paper
7    ballots, the hand-marked paper ballots shall be the true
8    and correct record of the votes cast.
9        (7) If there is any inconsistency between any
10    electronic vote tallies and the vote tallies determined by
11    counting by hand the hand-marked paper and it is
12    demonstrated by clear and convincing evidence in any
13    recount, audit, or contest of the result of the election
14    that the hand-marked paper ballots have been compromised
15    (by damage or mischief or otherwise) and that a sufficient
16    number of the ballots have been so compromised that the
17    result of the election could be changed, the determination
18    of the appropriate remedy with respect to the election
19    shall be made in accordance with this Code, except that
20    the electronic tally shall not be used as the exclusive
21    basis for determining the official certified result.
22        (8) The State Board of Elections shall implement
23    software that monitors vulnerabilities to the security of
24    the voter registration rolls and detects intrusions to the
25    voter registration rolls and the origins of such
26    intrusions.

 

 

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1        (9) Election authorities shall implement strict chain
2    of custody procedures for ballots, ballot boxes, poll
3    lists and poll books, and memory from voting tabulators.
4        (10) An election authority may not use an electronic
5    device to tabulate votes or determine voter registration
6    that has remote access or that can otherwise access the
7    Internet.
8        (11) The requirements of this subsection (b) apply to
9    all ballots cast in elections under this Code, including
10    ballots pursuant to Articles 19, 19A, and 20.
11    (c) The State Board of Elections shall adopt any rules for
12the necessary implementation of this Section, including its
13impact on the provisions of this Article.
 
14    (10 ILCS 5/24B-0.5 new)
15    Sec. 24B-0.5. Voting security.
16    (a) As used in this Section, "hand-marked paper ballot"
17means a paper ballot marked by the voter by hand.
18    (b) Notwithstanding any other law to the contrary, the
19provisions of this Article are subject to the following
20limitations:
21        (1) An election authority shall use a voting system
22    that requires the use of a hand-marked paper ballot of the
23    voter's vote that shall be marked and made available for
24    inspection and verification by the voter before the
25    voter's vote is cast and counted and which shall be

 

 

SB2038- 7 -LRB102 15885 SMS 21254 b

1    counted by hand or read by precinct tabulation optical
2    scan technology voting equipment or another counting
3    device.
4        (2) The election judges shall advise each voter that
5    he or she has the opportunity to correct any error on the
6    hand-marked paper ballot before the permanent hand-marked
7    paper ballot is counted and preserved.
8        (3) The voting system shall not preserve the
9    hand-marked paper ballots in any manner that makes it
10    possible, at any time after the ballot has been cast, to
11    associate a voter with the record of the voter's vote
12    without the voter's consent.
13        (4) The hand-marked paper ballot shall constitute the
14    official ballot and shall be preserved and used as the
15    official ballot for purposes of any recount or audit
16    conducted.
17        (5) Each hand-marked paper ballot used shall be
18    suitable for a manual audit and shall be counted by hand in
19    any recount or audit conducted.
20        (6) If any inconsistencies or irregularities between
21    any electronic vote tallies and the vote tallies
22    determined by counting by hand the hand-marked paper
23    ballots, the hand-marked paper ballots shall be the true
24    and correct record of the votes cast.
25        (7) If there is any inconsistency between any
26    electronic vote tallies and the vote tallies determined by

 

 

SB2038- 8 -LRB102 15885 SMS 21254 b

1    counting by hand the hand-marked paper and it is
2    demonstrated by clear and convincing evidence in any
3    recount, audit, or contest of the result of the election
4    that the hand-marked paper ballots have been compromised
5    (by damage or mischief or otherwise) and that a sufficient
6    number of the ballots have been so compromised that the
7    result of the election could be changed, the determination
8    of the appropriate remedy with respect to the election
9    shall be made in accordance with this Code, except that
10    the electronic tally shall not be used as the exclusive
11    basis for determining the official certified result.
12        (8) The State Board of Elections shall implement
13    software that monitors vulnerabilities to the security of
14    the voter registration rolls and detects intrusions to the
15    voter registration rolls and the origins of such
16    intrusions.
17        (9) Election authorities shall implement strict chain
18    of custody procedures for ballots, ballot boxes, poll
19    lists and poll books, and memory from voting tabulators.
20        (10) An election authority may not use an electronic
21    device to tabulate votes or determine voter registration
22    that has remote access or that can otherwise access the
23    Internet.
24        (11) The requirements of this subsection (b) apply to
25    all ballots cast in elections under this Code, including
26    ballots pursuant to Articles 19, 19A, and 20.

 

 

SB2038- 9 -LRB102 15885 SMS 21254 b

1    (c) The State Board of Elections shall adopt any rules for
2the necessary implementation of this Section, including its
3impact on the provisions of this Article.
 
4    (10 ILCS 5/24C-0.5 new)
5    Sec. 24C-0.5. Voting security.
6    (a) As used in this Section, "hand-marked paper ballot"
7means a paper ballot marked by the voter by hand.
8    (b) Notwithstanding any other law to the contrary, the
9provisions of this Article are subject to the following
10limitations:
11        (1) An election authority shall use a voting system
12    that requires the use of a hand-marked paper ballot of the
13    voter's vote that shall be marked and made available for
14    inspection and verification by the voter before the
15    voter's vote is cast and counted and which shall be
16    counted by hand or read by precinct tabulation optical
17    scan technology voting equipment or another counting
18    device.
19        (2) The election judges shall advise each voter that
20    he or she has the opportunity to correct any error on the
21    hand-marked paper ballot before the permanent hand-marked
22    paper ballot is counted and preserved.
23        (3) The voting system shall not preserve the
24    hand-marked paper ballots in any manner that makes it
25    possible, at any time after the ballot has been cast, to

 

 

SB2038- 10 -LRB102 15885 SMS 21254 b

1    associate a voter with the record of the voter's vote
2    without the voter's consent.
3        (4) The hand-marked paper ballot shall constitute the
4    official ballot and shall be preserved and used as the
5    official ballot for purposes of any recount or audit
6    conducted.
7        (5) Each hand-marked paper ballot used shall be
8    suitable for a manual audit and shall be counted by hand in
9    any recount or audit conducted.
10        (6) If any inconsistencies or irregularities between
11    any electronic vote tallies and the vote tallies
12    determined by counting by hand the hand-marked paper
13    ballots, the hand-marked paper ballots shall be the true
14    and correct record of the votes cast.
15        (7) If there is any inconsistency between any
16    electronic vote tallies and the vote tallies determined by
17    counting by hand the hand-marked paper and it is
18    demonstrated by clear and convincing evidence in any
19    recount, audit, or contest of the result of the election
20    that the hand-marked paper ballots have been compromised
21    (by damage or mischief or otherwise) and that a sufficient
22    number of the ballots have been so compromised that the
23    result of the election could be changed, the determination
24    of the appropriate remedy with respect to the election
25    shall be made in accordance with this Code, except that
26    the electronic tally shall not be used as the exclusive

 

 

SB2038- 11 -LRB102 15885 SMS 21254 b

1    basis for determining the official certified result.
2        (8) The State Board of Elections shall implement
3    software that monitors vulnerabilities to the security of
4    the voter registration rolls and detects intrusions to the
5    voter registration rolls and the origins of such
6    intrusions.
7        (9) Election authorities shall implement strict chain
8    of custody procedures for ballots, ballot boxes, poll
9    lists and poll books, and memory from voting tabulators.
10        (10) An election authority may not use an electronic
11    device to tabulate votes or determine voter registration
12    that has remote access or that can otherwise access the
13    Internet.
14        (11) The requirements of this subsection (b) apply to
15    all ballots cast in elections under this Code, including
16    ballots pursuant to Articles 19, 19A, and 20.
17    (c) The State Board of Elections shall adopt any rules for
18the necessary implementation of this Section, including its
19impact on the provisions of this Article.