10 ILCS 5/24C-9
2021 Illinois Compiled Statutes|Chapter 10 - ELECTIONS|10 ILCS 5/ - Election Code.|Article 24C - Direct Recording Electronic Voting Systems

Sec. 24C-9. Testing of Direct Recording Electronic Voting  System Equipment and Programs; Custody of Programs, Test  Materials and Ballots.  Prior to the public test, the election  authority shall conduct an errorless pre-test of the Direct  Recording Electronic Voting System equipment and programs to  determine that they will correctly detect voting defects and  count the votes cast for all offices and all public questions.  On any day not less than 5 days prior to the election day, the  election authority shall publicly test the Direct Recording  Electronic Voting System equipment and programs to determine  that they will correctly detect voting errors and accurately  count the votes legally cast for all offices and on all public  questions.  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 entering a pre-  audited group of votes designed to record a predetermined number  of valid votes for each candidate and on each public question,  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 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 System  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.)