HB2835 103RD GENERAL ASSEMBLY

LRB103 27728 BMS 54105 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2835

Introduced 2/16/2023, by Rep. Mary Beth Canty

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.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by adding Section 22-19 as follows:

(10 ILCS 5/22-19 new)

Sec. 22-19. Risk-limiting election audits.

(a) Notwithstanding any other provision of law, an election authority is authorized to conduct a risk-limiting audit before the certification of the results of an election as provided under Section 22-18. 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. The provisions of the law regarding the anonymity of the ballot and chain of custody shall be observed in any process conducted under this subsection (a).

(b) Notwithstanding any other provision of law, an election authority is authorized to conduct a risk-limiting audit after the results of an election have been certified and the period for filing an election contest has expired. 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.

(c) The State Board of Elections shall adopt rules to create a certification process for certifying that the procedure to be used by an election authority comports with the requirements of this Section, uses generally-accepted statistical methods, and meets the standards for best practices to insure statistically sound results. Upon application by an election authority, accompanied by a sufficient showing of the statistical soundness of an election authority's risk-limiting audit methods, the State Board of Elections may waive the certification process requirement for that election authority, notwithstanding the rules adopted under this subsection (c).

(d) For the purposes of this Section, "risk-limiting audit" means a process of examining election materials, including ballots, under an audit protocol that makes use of statistical methods and is designed to limit the risk of the certification of an incorrect election outcome. The method used in a risk-limiting audit shall be capable of producing an outcome that demonstrates a strong statistical likelihood that the outcome of an election is correct.

Section 99. Effective date. This Act takes effect upon becoming law.