10 ILCS 5/24B-9
2021 Illinois Compiled Statutes|Chapter 10 - ELECTIONS|10 ILCS 5/ - Election Code.|Article 24B - Electronic, Mechanical Or Electric Voting Systems With Precinct Tabulation Optical Scan Technology Capability

Sec. 24B-9. Testing of Precinct Tabulation Optical Scan  Technology Equipment and Program; Custody of Programs, Test  Materials and Ballots.  Prior to the public test, the election  authority shall conduct an errorless pre-test of the automatic  Precinct Tabulation Optical Scan Technology tabulating equipment  and program and marking device to determine that they will correctly detect  Voting  Defects and count the votes cast for all offices and all  measures. On any day not less than 5 days prior to the election  day, the election authority shall publicly test the automatic  Precinct Tabulation Optical Scan Technology tabulating equipment  and program to determine that they will correctly detect Voting  Defects and count the votes cast for all offices and on all  measures.  Public notice of the time and place of the test shall  be given at least 48 hours before the test by publishing the notice in  one or more newspapers within the election jurisdiction  of the election authority, if a newspaper is published in that jurisdiction.  If a newspaper is not published in that jurisdiction, notice shall be published  in a newspaper of general circulation in that jurisdiction.  Timely  written notice stating the date, time, and location of the public  test shall also be provided to the State Board of Elections.  The  test shall be open to representatives of the political parties,  the press, representatives of the State Board of Elections, and  the public.  The test shall be conducted by processing a  preaudited group of ballots marked to record a  predetermined number of valid votes for each candidate and on  each measure, and shall include for each office one or more  ballots having votes exceeding the number allowed by law  to test the ability of the automatic tabulating  equipment or marking device to reject the votes.  The test shall also  include  producing an edit listing.  In those election jurisdictions  where in-precinct counting equipment is used, a public test  of both the equipment and program shall be conducted as nearly  as possible in the manner prescribed above.  The State Board of  Elections may select as many election jurisdictions as the Board  deems advisable in the interests of the election process of this  State, to order a special test of the automatic  tabulating equipment and program before any regular election.  The Board may order a special test in any election jurisdiction  where, during the preceding 12 months, computer programming  errors or other errors in the use of electronic voting systems  resulted in vote tabulation errors.  Not  less than 30 days before any election, the State Board of  Elections shall provide written notice to those selected  jurisdictions of their intent to conduct a test.  Within 5 days  of receipt of the State Board of Elections' written notice of  intent to conduct a test, the selected jurisdictions shall  forward to the principal office of the State Board of Elections a  copy of all specimen ballots.  The State Board of Elections'  tests shall be conducted and completed not less than 2 days before  the public test and under the supervision of the Board. The vendor, person, or other private entity shall be solely responsible for the production and cost of:  all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's  respective equipment and software.  After an  errorless test, materials used in the public test, including the  program, if appropriate, shall be sealed and remain sealed  until the  test is run again on election day.  If any error is detected, the  cause of the error shall be determined and corrected, and an  errorless public test shall be made before the automatic  tabulating equipment is approved.  Each election authority shall  file a sealed copy of each tested program to be used within its  jurisdiction at an election with the State Board of Elections  before the election.  The Board shall secure the program or  programs of each election jurisdiction so filed in its office until the next election of the same type (general primary, general election, consolidated primary, or consolidated election) for which the program or programs were filed.  At the expiration of that time, if no election  contest or appeal is pending in an election  jurisdiction, the Board shall destroy the sealed program or  programs.  Except  where in-precinct counting equipment is used, the test shall  be repeated immediately before the start of the official counting  of the ballots, in the same manner as set forth above.  After the  completion of the count, the test shall be re-run using the same  program.  Immediately after the re-run, all material  used in testing the program and the programs shall be sealed  and retained under the custody of the election authority for a  period of 60 days.  At the expiration of that time the election  authority shall destroy the voted ballots, together with all  unused ballots returned from the precincts.  Provided, if any  contest of election is pending at the time in which the ballots  may be required as evidence and the election authority has  notice of the contest, the same shall not be destroyed until after the  contest is finally determined.  If the use of back-up equipment  becomes necessary, the same testing required for the original  equipment shall be conducted.       (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)