2023 Illinois Compiled Statutes › Chapter 10 - ELECTIONS › 10 ILCS 5/ - Election Code. › Article 24C - Direct Recording Electronic Voting Systems

(10 ILCS 5/Art. 24C heading)
ARTICLE 24C.  
		DIRECT RECORDING ELECTRONIC VOTING SYSTEMS
(10 ILCS 5/24C-1)
Sec. 24C-1. Purpose. The purpose of this Article is to
authorize the use of Direct Recording Electronic Voting Systems
approved by the State Board of Elections.  In a Direct Recording
Electronic Voting System, voters cast votes by means of a ballot
display provided with mechanical or electro-optical devices that
can be activated by the voters to mark their choices for the
candidates of their preference and for or against public
questions.  Such voting devices shall be capable of
instantaneously recording such votes, storing such votes,
producing a permanent paper record and tabulating such votes at
the precinct or at one or more counting stations.  This Article
authorizes the use of Direct Recording Electronic Voting Systems
for in-precinct counting applications and for early 
voting in the office of the election authority and in the
offices of local officials authorized by the election authority
to conduct such early voting.  All other early ballots
must be counted at the office of the election authority.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/24C-2)
Sec. 24C-2. Definitions. As used in this Article:
"Audit trail" or "audit capacity" means a continuous trail
of evidence linking individual transactions related to the
casting of a vote, the vote count and the summary record of vote
totals, but which shall not allow for the identification of the
voter.  It shall permit verification of the accuracy of the
count and detection and correction of problems and shall provide
a record of each step taken in: defining and producing ballots
and generating related software for specific elections;
installing ballots and software; testing system readiness;
casting and tabulating ballots; and producing images of votes
cast and reports of vote totals.  The record shall incorporate
system status and error messages generated during election
processing, including a log of machine activities and routine
and unusual intervention by authorized and unauthorized
individuals.  Also part of an audit trail is the documentation
of such items as ballots delivered and collected, administrative
procedures for system security, pre-election testing of voting
systems, and maintenance performed on voting equipment.  All test plans, test results, documentation, and other records used to plan, execute, and record the results of the testing and verification, including all material prepared or used by independent testing authorities or other third parties, shall be made part of the public record and shall be freely available via the Internet and paper copy to anyone. "Audit trail" or "audit capacity" also
means that the voting system is capable of producing and shall
produce immediately after a ballot is cast a permanent paper
record of each ballot cast that shall be available as an
official record for any recount, redundant count, or
verification or retabulation of the vote count conducted with
respect to any election in which the voting system is used.
"Ballot" means an electronic audio or video display or any
other medium, including paper, used to record a voter's choices
for the candidates of their preference and for or against public
questions.
"Ballot configuration" means the particular combination of
political subdivision or district ballots including, for each
political subdivision or district, the particular combination of
offices, candidate names and public questions as it appears for
each group of voters who may cast the same ballot.
"Ballot image" means a corresponding representation in
electronic or paper form of the mark or vote position of a
ballot.
"Ballot label" or "ballot screen" means the display of
material containing the names of offices and candidates and
public questions to be voted on.
"Central counting" means the counting of ballots in one or
more locations selected by the election authority for the
processing or counting, or both, of ballots.  A location for
central counting shall be within the territorial jurisdiction of
the election authority unless there is no suitable tabulating
equipment available within his territorial jurisdiction.
However, in any event a counting location shall be within this
State.
"Computer", "automatic tabulating equipment" or "equipment"
includes apparatus necessary to automatically examine and count
votes as designated on ballots, and data processing machines
which can be used for counting ballots and tabulating results.
"Computer operator" means any person or persons designated
by the election authority to operate the automatic tabulating
equipment during any portion of the vote tallying process in an
election, but shall not include judges of election operating
vote tabulating equipment in the precinct.
"Computer program" or "program" means the set of operating
instructions for the automatic tabulating equipment that
examines, records, displays, counts, tabulates, canvasses, or prints votes
recorded by a voter on a ballot or that displays any and all information, graphics, or other visual or audio information or images used in presenting voting information, instructions, or voter choices.
"Direct recording electronic voting system", "voting
system" or "system" means the total combination of mechanical,
electromechanical or electronic equipment, programs and
practices used to define ballots, cast and count votes, report
or display election results, maintain or produce any audit trail
information, identify all system components, test the system
during development, maintenance and operation, maintain records
of system errors and defects, determine specific system changes
to be made to a system after initial qualification, and make
available any materials to the voter such as notices,
instructions, forms or paper ballots.
"Edit listing" means a computer generated listing of the
names of each candidate and public question as they appear in
the program for each precinct.
"In-precinct counting" means the recording and counting of
ballots on automatic tabulating equipment provided by the
election authority in the same precinct polling place in which
those ballots have been cast.
"Marking device" means any device approved by the State
Board of Elections for marking a ballot so as to enable the
ballot to be recorded, counted and tabulated by automatic
tabulating equipment.
"Permanent paper record" means a paper record upon which
shall be printed in human readable form the votes cast for each
candidate and for or against each public question on each ballot
recorded in the voting system.  Each permanent paper record
shall be printed by the voting device upon activation of the
marking device by the voter and shall contain a unique, randomly
assigned identifying number that shall correspond to the number
randomly assigned by the voting system to each ballot as it is
electronically recorded.
"Redundant count" means a verification of the original
computer count of ballots by another count using compatible
equipment or other means as part of a discovery recount,
including a count of the permanent paper record of each ballot
cast by using compatible equipment, different equipment approved
by the State Board of Elections for that purpose, or by hand.
"Separate ballot" means a separate page or display screen
of the ballot that is clearly defined and distinguishable from
other portions of the ballot.
"Voting device" or "voting machine" means an apparatus that
contains the ballot label or ballot screen and allows the voter
to record his or her vote.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
(10 ILCS 5/24C-3)
Sec. 24C-3. 
		
		Adoption, experimentation or abandonment of
Direct Recording Electronic Voting System; Boundaries of
precincts; Notice.  Except as otherwise provided in this
Section, any county board, board of county commissioners and any
board of election commissioners, with respect to territory
within its jurisdiction, may adopt, experiment with, or abandon
a Direct Recording Electronic Voting System approved for use by
the State Board of Elections and may use such System in all or
some of the precincts within its jurisdiction, or in combination
with paper ballots or other voting systems.  Any county board,
board of county commissioners or board of election commissioners
may contract for the tabulation of votes at a location outside
its territorial jurisdiction when there is no suitable
tabulating equipment available within its territorial
jurisdiction.  In no case may a county board, board of county
commissioners or board of election commissioners contract or
arrange for the purchase, lease or loan of a Direct Recording
Electronic Voting System or System component without the
approval of the State Board of Elections as provided by Section
24C-16.
Before any Direct Recording Electronic Voting System is
introduced, adopted or used in any precinct or territory at
least 2 months public notice must be given before the date of
the first election where the System is to be used.  The election
authority shall publish the notice at least once in one or more
newspapers published within the county or other jurisdiction,
where the election is held.  If there is no such newspaper, the
notice shall be published in a newspaper published in the county
and having a general circulation within such jurisdiction.  The
notice shall be substantially as follows:
"Notice is hereby given that on ... (give date) ..., at ...
(give place where election is held) ... in the county of ..., an
election will be held for ... (give name of offices to be
filled) ... at which a Direct Recording Electronic Voting System
will be used."
Dated at ... this ... day of ... 20....?
This notice referred to shall be given only at the first
election at which the Direct Recording Electronic Voting System
is used.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-3.1)
Sec. 24C-3.1. 
		
		Retention or consolidation or alteration of
existing precincts; Change of location.  When a Direct Recording
Electronic Voting System is used, the county board or board of
election commissioners may retain existing precincts or may
consolidate, combine, alter, decrease or enlarge the boundaries
of the precincts to change the number of registered voters of
the precincts using the System, establishing the number of
registered voters within each precinct at a number not to exceed
800 as the appropriate county board or board of election
commissioners determines will afford adequate voting facilities
and efficient and economical elections.
Except in the event of a fire, flood or total loss of heat
in a place fixed or established pursuant to law by any county
board or board of election commissioners as a polling place for
an election, no election authority shall change the location of
a polling place established for any precinct after notice of the
place of holding the election for that precinct has been given
as required under Article 12 unless the election authority
notifies all registered voters in the precinct of the change in
location by first class mail in sufficient time for the notice
to be received by the registered voters in the precinct at least
one day prior to the date of the election.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-4)
Sec. 24C-4. 
		
		Use of Direct Recording Electronic Voting
System; Requisites; Applicable procedure.  Direct Recording
Electronic Voting Systems may be used in elections provided that
such Systems are approved for use by the State Board of
Elections.  So far as applicable, the procedure provided for
voting paper ballots shall apply when Direct Recording
Electronic Voting Systems are used.  However, the provisions of
this Article 24C will govern when there are conflicts.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-5)
Sec. 24C-5. 
		Voting Stations. 
		In precincts where a Direct
Recording Electronic Voting System is used, a sufficient number
of voting stations shall be provided for the use of the System
according to the requirements determined by the State Board of
Elections.  Each station shall be placed in a manner so that no
judge of election or pollwatcher is able to observe a voter
casting a ballot.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-5.1)
Sec. 24C-5.1. 
		
		Instruction of Voters; Instruction Model;
Partiality to Political Party; Manner of Instruction.  Before
entering the voting booth each voter shall be offered
instruction in using the Direct Recording Electronic Voting
System.  In instructing voters, no precinct official may show
partiality to any political party or candidate.  The duties of
instruction shall be discharged by a judge from each of the
political parties represented and they shall alternate serving
as instructor so that each judge shall serve a like time at such
duties.  No instructions may be given inside a voting booth
after the voter has entered the voting booth.
No precinct official or person assisting a voter may in any
manner request, suggest, or seek to persuade or induce any voter
to cast his or her vote for any particular ticket, candidate,
amendment, question or proposition.  All instructions shall be
given by precinct officials in a manner that it may be observed
by other persons in the polling place.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-5.2)
Sec. 24C-5.2. 
		
		Demonstration of Direct Recording Electronic
Voting System; Placement in Public Library.  When a Direct
Recording Electronic Voting System is used in a forthcoming
election, the election authority may provide, for the purpose of
instructing voters in the election, one demonstrator Direct
Recording Electronic Voting System unit for placement in any
public library or in any other public or private building within
the political subdivision where the election occurs.  If the
placement of a demonstrator takes place it shall be made
available at least 30 days before the election.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-6)
Sec. 24C-6. Ballot Information; Arrangement; Direct
Recording Electronic Voting System; Vote by Mail Ballots; Spoiled
Ballots.   The ballot information, shall, as far as practicable,
be in the order of arrangement provided for paper ballots,
except that the information may be in vertical or horizontal
rows, or on a number of separate pages or display screens.
Ballots for all public questions to be voted on should be
provided in a similar manner and must be arranged on the ballot
in the places provided for such purposes.  All public questions,
including but not limited to public questions calling for a
constitutional convention, constitutional amendment, or judicial
retention, shall be placed on the ballot separate and apart from
candidates.  Ballots for all public questions shall be clearly
designated by borders or different color screens.  More than one
amendment to the constitution may be placed on the same portion
of the ballot sheet.  Constitutional convention or
constitutional amendment propositions shall be placed on a
separate portion of the ballot and designated by borders or
unique color screens, unless otherwise provided by
administrative rule of the State Board of Elections.  More than
one public question may be placed on the same portion of the
ballot.  More than one proposition for retention of judges in
office may be placed on the same portion of the ballot.
The party affiliation, if any, of each candidate or the
word "independent", where applicable, shall appear near or under
the candidate's name, and the names of candidates for the same
office shall be listed vertically under the title of that
office.  In the case of nonpartisan elections for officers of
political subdivisions, unless the statute or an ordinance
adopted pursuant to Article VII of the Constitution requires
otherwise, the listing of nonpartisan candidates shall not
include any party or "independent" designation. If no candidate or candidates  file for an office and if no person or persons  file a declaration as a write-in candidate for that office, then below the title of that office the election authority shall print "No Candidate". In primary
elections, a separate ballot shall be used for each political
party holding a primary, with the ballot arranged to include
names of the candidates of the party and public questions and
other propositions to be voted upon on the day of the primary
election.
If the ballot includes both candidates for office and
public questions or propositions to be voted on, the election
official in charge of the election shall divide the ballot in
sections for "Candidates" and "Public Questions", or separate
ballots may be used.
Any voter who spoils his or her ballot, makes an error, or
has a ballot rejected by the automatic tabulating equipment
shall be provided a means of correcting the ballot or obtaining
a new ballot prior to casting his or her ballot.
Any election authority using a Direct Recording Electronic
Voting System may use voting systems approved for use under
Articles 24A or 24B of this Code in conducting vote by mail or early voting.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/24C-6.1)
Sec. 24C-6.1. 
		Security Designation. 
		In all elections
conducted under this Article, ballots shall have a security
designation.  In precincts where more than one ballot
configuration may be voted upon, ballots shall have a different
security designation for each ballot configuration.  If a
precinct has only one possible ballot configuration, the ballots
must have a security designation to identify the precinct and
the election.  Where ballots from more than one precinct are
being tabulated, the ballots from each precinct must be clearly
identified; official results shall not be generated unless the
precinct identification for any precinct corresponds.  When the
tabulating equipment being used requires entering the program
immediately before tabulating the ballots for each precinct, the
precinct program may be used.
The Direct Recording Electronic Voting System shall be designed
to ensure that the proper ballot is selected for each polling
place and for each ballot configuration and that the format can
be matched to the software or firmware required to interpret it
correctly.  The system shall provide a means of programming each
piece of equipment to reflect the ballot requirements of the
election and shall include a means for validating the
correctness of the program and of the program's installation in
the equipment or in a programmable memory device.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-6.2)
Sec. 24C-6.2. Programming of automatic tabulating equipment.  Beginning with the 2014 general election and all primary, consolidated, general, and special elections thereafter, automatic tabulating equipment authorized by this Section and programmed for a primary, consolidated, general, or special election conducted pursuant to general election law shall be programmed using the unique race and candidate ID numbers assigned by the State Board of Elections. The unique race and candidate ID numbers will be provided to the county clerk or election authority, as the case may be, with the candidate certification prepared by the State Board of Elections. In addition, any new voting system approved by the State after the 2014 general election shall have the capability to export the election results by ballot style and group them by precinct in an electronic format prescribed by the State Board of Elections.
(Source: P.A. 98-115, eff. 7-29-13.)
(10 ILCS 5/24C-7)
Sec. 24C-7. Write-In Ballots. A Direct Recording
Electronic Voting System shall provide an acceptable method for
a voter to vote for a person whose name does not appear on the
ballot using the same apparatus used to record votes for
candidates whose names do appear on the ballot.  Election
authorities utilizing Direct Recording Electronic Voting Systems
shall not use separate write-in ballots.
Whenever a person has submitted a declaration of intent to be a write-in candidate as required in Sections 17-16.1 and 18-9.1, a space or spaces in which the name of a candidate or
candidates may be written in or recorded by the voter shall appear below the name of the last candidate nominated for such office. The
number of write-in lines for an office shall equal the number of
persons who have filed declarations of intent to be write-in candidates plus an additional line or lines for write-in candidates who qualify to file declarations to be write-in candidates under Section 17-16.1 or 18-9.1 when the certification of ballot contains the words "OBJECTION PENDING" next to the name of the candidate, up to the number of candidates for which a voter may vote.
(Source: P.A. 95-862, eff. 8-19-08.)
(10 ILCS 5/24C-8)
Sec. 24C-8. 
		
		Preparation for Use; Comparison of Ballots;
Operational Checks of Direct Recording Electronic Voting Systems
Equipment; Pollwatchers.  The county clerk or board of election
commissioners shall cause the approved Direct Recording
Electronic Voting System equipment to be delivered to the
polling places. Before the opening of the polls, all Direct
Recording Voting System devices shall provide a printed record
of the following, upon verification of the authenticity of the
commands by a judge of election: the election's identification
data, the equipment's unit identification, the ballot's format
identification, the contents of each active candidate register
by office and of each active public question register showing
that they contain all zeros, all ballot fields that can be used
to invoke special voting options, and other information needed
to ensure the readiness of the equipment, and to accommodate
administrative reporting requirements.
The Direct Recording Electronic Voting System shall provide
a means of opening the polling place and readying the equipment
for the casting of ballots.  Such means shall incorporate a
security seal, a password, or a data code recognition capability
to prevent inadvertent or unauthorized actuation of the poll-opening function.
If more than one step is required, it shall
enforce their execution in the proper sequence.
Pollwatchers as provided by law shall be permitted to
closely observe the judges in these procedures and to
periodically inspect the Direct Recording Electronic Voting
System equipment when not in use by the voters.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-9)
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.)
(10 ILCS 5/24C-10)
Sec. 24C-10. 
		
		Recording of votes by Direct Recording
Electronic Voting Systems.
Whenever a Direct Recording Electronic Voting System is
used to automatically record and count the votes on ballots, the
provisions of this Section shall apply.  A voter shall cast a
proper vote on a ballot by marking the designated area for the
casting of a vote for any party or candidate or for or against
any public question.  For this purpose, a mark is an intentional
selection of the designated area on the ballot by appropriate
means and which is not otherwise an identifying mark.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-11)
Sec. 24C-11. Functional requirements. A Direct Recording Electronic Voting System shall, in
addition to satisfying the other requirements of this Article,
fulfill the following functional requirements:
(a) Provide a voter in a primary election with the means
of casting a ballot containing votes for any and all candidates
of the party or parties of his or her choice, and for any and
all non-partisan candidates and public questions and preclude
the voter from voting for any candidate of any other political
party except when legally permitted.  In a general election, the
system shall provide the voter with means of selecting the
appropriate number of candidates for any office, and of voting
on any public question on the ballot to which he or she is
entitled to vote.
(b) If a voter is not entitled to vote for particular
candidates or public questions appearing on the ballot, the
system shall prevent the selection of the prohibited votes.
(c) Once the proper ballot has been selected, the
system devices shall provide a means of enabling the recording
of votes and the casting of said ballot.
(d) System voting devices shall provide voting choices
that are clear to the voter and labels indicating the names of
every candidate and the text of every public question on the
voter's ballot.  Each label shall identify the selection button
or switch, or the active area of the ballot associated with it.
The system shall be able to incorporate minimal, easy-to-follow
on-screen instruction for the voter on how to cast a ballot.
(e) Voting devices shall (i) enable the voter to vote for
any and all candidates and public questions appearing on the
ballot for which the voter is lawfully entitled to vote, in any
legal number and combination; (ii) detect and reject all votes
for an office or upon a public question when the voter has cast
more votes for the office or upon the public question than the
voter is entitled to cast; (iii) notify the voter if the voter's
choices as recorded on the ballot for an office or public
question are fewer than or exceed the number that the voter is
entitled to vote for on that office or public question and the
effect of casting more or fewer votes than legally permitted; (iv) notify
the voter if the voter has failed to completely cast a vote for
an office or public question appearing on the ballot; and (v)
permit the voter, in a private and independent manner, to verify
the votes selected by the voter, to change the ballot or to
correct any error on the ballot before the ballot is completely cast and
counted.  A means shall be provided to indicate each selection
after it has been made or canceled.
(f) System voting devices shall provide a means for the
voter to signify that the selection of candidates and public
questions has been completed.  Upon activation, the system shall
record an image of the completed ballot, increment the proper
ballot position registers, and shall signify to the voter that
the ballot has been cast.  The system shall then prevent any
further attempt to vote until it has been reset or re-enabled by
a judge of election.
(g) Each system voting device shall be equipped with a
public counter that can be set to zero prior to the opening of
the polling place, and that records the number of ballots cast
at a particular election.  The counter shall be incremented only
by the casting of a ballot.  The counter shall be designed to
prevent disabling or resetting by other than authorized persons
after the polls close.  The counter shall be visible to all
judges of election so long as the device is installed at the
polling place.
(h) Each system voting device shall be equipped with a
protective counter that records all of the testing and election
ballots cast since the unit was built.  This counter shall be
designed so that its reading cannot be changed by any cause
other than the casting of a ballot.  The protective counter
shall be incapable of ever being reset and it shall be visible
at all times when the device is configured for testing,
maintenance, or election use.
(i) All system devices shall provide a means of preventing
further voting once the polling place has closed and after all
eligible voters have voted.  Such means of control shall
incorporate a visible indication of system status.  Each device
shall prevent any unauthorized use, prevent tampering with
ballot labels and preclude its re-opening once the poll closing
has been completed for that election.
(j) The system shall produce a printed summary report of
the votes cast upon each voting device.  Until the proper
sequence of events associated with closing the polling place has
been completed, the system shall not allow the printing of a
report or the extraction of data.  The printed report shall also
contain all system audit information to be required by the
election authority.  Data shall not be altered or otherwise
destroyed by report generation and the system shall ensure the
integrity and security of data for a period of at least 6 months
after the polls close.
(k) If more than one voting device is used in a polling
place, the system shall provide a means to manually or
electronically consolidate the data from all such units into a
single report even if different voting systems are used to
record ballots.  The system shall also be capable of
merging the vote tabulation results produced by other vote
tabulation systems, if necessary.
(l) System functions shall be implemented such that
unauthorized access to them is prevented and the execution of
authorized functions in an improper sequence is precluded.
System functions shall be executable only in the intended manner
and order, and only under the intended conditions.  If the
preconditions to a system function have not been met, the
function shall be precluded from executing by the system's
control logic.
(m) All system voting devices shall incorporate at least 3
memories in the machine itself and in its programmable memory
devices.
(n) The system shall include capabilities of recording and
reporting the date and time of normal and abnormal events and of
maintaining a permanent record of audit information that cannot
be turned off.  Provisions shall be made to detect and record
significant events (e.g., casting a ballot, error conditions
that cannot be disposed of by the system itself, time-dependent
or programmed events that occur without the intervention of the
voter or a judge of election).
(o) The system and each system voting device must be
capable of creating, printing and maintaining a permanent paper
record and an electronic image of each ballot that is cast such
that records of individual ballots are maintained by a subsystem
independent and distinct from the main vote detection,
interpretation, processing and reporting path.  The electronic
images of each ballot must protect the integrity of the data and
the anonymity of each voter, for example, by means of storage
location scrambling.  The ballot image records may be either
machine-readable or manually transcribed, or both, at the
discretion of the election authority.
(p) The system shall include built-in test, measurement
and diagnostic software and hardware for detecting and reporting
the system's status and degree of operability.
(q) The system shall contain provisions for maintaining
the integrity of memory voting and audit data during an election
and for a period of at least 6 months thereafter and shall
provide the means for creating an audit trail.
(r) The system shall be fully accessible so as to permit blind or
visually impaired voters as well as voters with physical disabilities 
to exercise their right to vote in private and without
assistance.
(s) The system shall provide alternative language
accessibility if required pursuant to Section 203 of the Voting
Rights Act of 1965.
(t) Each voting device shall enable a voter to vote for a
person whose name does not appear on the ballot.
(u) The system shall record and count accurately each vote
properly cast for or against any candidate and for or against
any public question, including the names of all candidates whose
names are written in by the voters.
(v) The system shall allow for accepting provisional
ballots and for separating such provisional ballots from
precinct totals until authorized by the election authority.
(w) The system shall provide an effective audit trail as
defined in Section 24C-2 in this Code.
(x) The system shall be suitably designed for the purpose
used, be durably constructed, and be designed for safety,
accuracy and efficiency.
(y) The system shall comply with all provisions of
federal, State and local election laws and regulations and any
future modifications to those laws and regulations.
(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
(10 ILCS 5/24C-12)
Sec. 24C-12. Procedures for counting and tallying of
ballots. In an election jurisdiction where a Direct Recording
Electronic Voting System is used, the following procedures for
counting and tallying the ballots shall apply:
Before the opening of the polls, the judges of elections
shall assemble the voting equipment and devices and turn the
equipment on.  The judges shall, if necessary, take steps to
activate the voting devices and counting equipment by inserting
into the equipment and voting devices appropriate data cards
containing passwords and data codes that will select the proper
ballot formats selected for that polling place and that will
prevent inadvertent or unauthorized activation of the poll-opening function.
Before voting begins and before ballots are
entered into the voting devices, the judges of election shall
cause to be printed a record of the following: the election's
identification data, the device's unit identification, the
ballot's format identification, the contents of each active
candidate register by office and of each active public question
register showing that they contain all zero votes, all ballot
fields that can be used to invoke special voting options, and
other information needed to ensure the readiness of the
equipment and to accommodate administrative reporting
requirements.  The judges must also check to be sure that the
totals are all zeros in the counting columns and in the public
counter affixed to the voting devices.
After the judges have determined that a person is qualified
to vote, a voting device with the proper ballot to which the
voter is entitled shall be enabled to be used by the voter.  The
ballot may then be cast by the voter by marking by appropriate
means the designated area of the ballot for the casting of a
vote for any candidate or for or against any public question.
The voter shall be able to vote for any and all candidates and
public measures appearing on the ballot in any legal number and
combination and the voter shall be able to delete, change or
correct his or her selections before the ballot is cast.  The
voter shall be able to select candidates whose names do not
appear upon the ballot for any office by entering electronically
as many names of candidates as the voter is entitled to select
for each office.
Upon completing his or her selection of candidates or
public questions, the voter shall signify that voting has been
completed by activating the appropriate button, switch or active
area of the ballot screen associated with end of voting.  Upon
activation, the voting system shall record an image of the
completed ballot, increment the proper ballot position
registers, and shall signify to the voter that the ballot has
been cast.  Upon activation, the voting system shall also print
a permanent paper record of each ballot cast as defined in
Section 24C-2 of this Code.  This permanent paper record shall
(i) be printed in a clear, readily readable format that can be easily reviewed by the voter for completeness and accuracy and (ii) either be self-contained within the voting device or be
deposited by the voter into a secure ballot box.  No permanent
paper record shall be removed from the polling place except by
election officials as authorized by this Article.  All permanent
paper records shall be preserved and secured by election
officials in the same manner as paper ballots and shall be
available as an official record for any recount, redundant
count, or verification or retabulation of the vote count
conducted with respect to any election in which the voting
system is used.    The voter shall exit the voting station and
the voting system shall prevent any further attempt to vote
until it has been properly re-activated.  If a voting device has
been enabled for voting but the voter leaves the polling place
without casting a ballot, 2 judges of election, one from each of
the 2 major political parties, shall spoil the ballot.
Throughout the election day and before the closing of the
polls, no person may check any vote totals for any candidate or
public question on the voting or counting equipment.  Such
equipment shall be programmed so that no person may reset the
equipment for reentry of ballots unless provided the proper code
from an authorized representative of the election authority.
The precinct judges of election shall check the public
register to determine whether the number of ballots counted by
the voting equipment agrees with the number of voters voting as
shown by the applications for ballot.  If the same do not agree,
the judges of election shall immediately contact the offices of
the election authority in charge of the election for further
instructions.  If the number of ballots counted by the voting
equipment agrees with the number of voters voting as shown by
the application for ballot, the number shall be listed on the
"Statement of Ballots" form provided by the election authority.
The totals for all candidates and propositions shall be tabulated. One copy of an "In-Precinct Totals Report" shall be generated by the automatic tabulating equipment for return to the election authority. One copy of an "In-Precinct Totals Report" shall be generated and posted in a conspicuous place inside the polling place, provided that any authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots is present. The judges of election shall provide, if requested, a set for each authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots.
  In addition, sufficient time
shall be provided by the judges of election to the pollwatchers
to allow them to copy information from the copy which has been
posted.
Until December 31, 2019, in elections at which fractional cumulative votes are cast for candidates, the tabulation of those fractional cumulative votes may be made by the election authority at its central office location, and 4 copies of a "Certificate of Results" shall be printed by the automatic tabulation equipment and shall be posted in 4 conspicuous places at the central office location where those fractional cumulative votes have been tabulated.
If instructed by the election authority, the judges of
election shall cause the tabulated returns to be transmitted
electronically to the offices of the election authority via
modem or other electronic medium.
The precinct judges of election shall select a bi-partisan
team of 2 judges, who shall immediately return the ballots in a
sealed container, along with all other election materials and
equipment as instructed by the election authority; provided,
however, that such container must first be sealed by the
election judges with filament tape or other approved sealing
devices provided for the purpose in a manner that the ballots
cannot be removed from the container without breaking the seal
or filament tape and disturbing any signatures affixed by the
election judges to the container.  The election authority shall
keep the office of the election authority, or any receiving
stations designated by the authority, open for at least 12
consecutive hours after the polls close or until the ballots and
election material and equipment from all precincts within the
jurisdiction of the election authority have been returned to the
election authority.  Ballots and election materials and
equipment returned to the office of the election authority which
are not signed and sealed as required by law shall not be
accepted by the election authority until the judges returning
the ballots make and sign the necessary corrections.  Upon
acceptance of the ballots and election materials and equipment
by the election authority, the judges returning the ballots
shall take a receipt signed by the election authority and
stamped with the time and date of the return.  The election
judges whose duty it is to return any ballots and election
materials and equipment as provided shall, in the event the
ballots, materials or equipment cannot be found when needed, on
proper request, produce the receipt which they are to take as
above provided.
(Source: P.A. 99-522, eff. 6-30-16; 99-701, eff. 7-29-16.)
(10 ILCS 5/24C-13)
Sec. 24C-13. Vote by mail ballots; early voting ballots; proceedings at location for
central counting; employees; approval of list.
(a) All jurisdictions using Direct Recording Electronic
Voting Systems shall use paper ballots or paper ballot sheets
approved for use under Articles 16, 24A or 24B of this Code when
conducting vote by mail voting.  All vote by mail
 ballots shall be counted at the central ballot counting location of the election
authority.  The provisions of Section 24A-9, 24B-9 and 24C-9 of
this Code shall apply to the testing and notice requirements for
central count tabulation equipment, including comparing the
signature on the ballot envelope with the signature of the voter
on the permanent voter registration record card taken from the
master file.  Vote results shall be recorded by precinct and shall
be added to the vote results for the precinct in which the vote by mail
 voter was eligible to vote prior to completion of the
official canvass.
(b) All proceedings at the location for central counting
shall be under the direction of the county clerk or board of
election commissioners. Except for any specially trained
technicians required for the operation of the Direct Recording
Electronic Voting System, the employees at the counting station
shall be equally divided between members of the 2 leading
political parties and all duties performed by the employees
shall be by teams consisting of an equal number of members of
each political party.  Thirty days before an election the county
clerk or board of election commissioners shall submit to the chair
 of each political party, for his or her approval or
disapproval, a list of persons of his or her party proposed to
be employed.  If a chair fails to notify the election
authority of his or her disapproval of any proposed employee
within a period of 10 days thereafter the list shall be deemed
approved.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/24C-14)
Sec. 24C-14. 
		
		Tabulating Votes; Direction;
Presence of
Public; Computer Operator's Log and Canvass.  The procedure for
tabulating the votes by the Direct Recording Electronic Voting
System shall be under the direction of the election authority
and shall conform to the requirements of the Direct Recording
Electronic Voting System. During any election-related activity
using the automatic Direct Recording Electronic Voting System
equipment, the election authority shall make a reasonable effort
to dedicate the equipment to vote processing to ensure the
security and integrity of the system.
A reasonable number of pollwatchers shall be admitted to
the counting location.  Such persons may observe the tabulating
process at the discretion of the election authority; however, at
least one representative of each established political party and
authorized agents of the State Board of Elections shall be
permitted to observe this process at all times.  No persons
except those employed and authorized for the purpose shall touch
any ballot, ballot box, return, or equipment.
The computer operator shall be designated by the election
authority and shall be sworn as a deputy of the election
authority.  In conducting the vote tabulation and canvass, the
computer operator must maintain a log which shall include the
following information:
(a) alterations made to programs associated with the     vote counting process;
(b) if applicable, console messages relating to the     program and the respective responses made by the operator;
(c) the starting time for each precinct counted, the     number of ballots counted for each precinct, any equipment problems and, insofar as practicable, the number of invalid security designations encountered during that count; and
(d) changes and repairs made to the equipment during     the vote tabulation and canvass.
The computer operator's log and canvass shall be available
for public inspection in the office of the election authority
for a period of 60 days following the proclamation of election
results.  A copy of the computer operator's log and the canvass
shall be transmitted to the State Board of Elections upon its
request and at its expense.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-15)
Sec. 24C-15. Official return of precinct; check of totals;
audit. The precinct return printed by the Direct Recording
Electronic Voting System tabulating equipment shall include the
number of ballots cast and votes cast for each candidate and
public question and shall constitute the official return of each
precinct.  In addition to the precinct return, the election
authority shall provide the number of applications for ballots
in each precinct, the total number of ballots and vote by mail
ballots counted in each precinct for each political subdivision
and district and the number of registered voters in each
precinct.  However, the election authority shall check the
totals shown by the precinct return and, if there is an obvious
discrepancy regarding the total number of votes cast in any
precinct, shall have the ballots for that precinct audited to
correct the return.  The procedures for this audit shall apply
prior to and after the proclamation is completed; however, after
the proclamation of results, the election authority must obtain
a court order to unseal voted ballots or voting devices except
for election contests and discovery recounts.  The certificate
of results, which has been prepared and signed by the judges of
election after the ballots have been
tabulated, shall be the document used for the canvass of votes
for such precinct.  Whenever a discrepancy exists during the
canvass of votes between the unofficial results and the
certificate of results, or whenever a discrepancy exists during
the canvass of votes between the certificate of results and the
set of totals reflected on the certificate of results, the
ballots for that precinct shall be audited to correct the
return.
Prior to the proclamation, the election authority shall
test the voting devices and equipment in 5% of the precincts
within the election jurisdiction, as well as 5% of the voting devices used in early voting.  The precincts and the voting devices to be tested
shall be selected after election day on a random basis by the
State Board of Elections, so that every precinct and every device used in early voting in the election
jurisdiction has an equal mathematical chance of being selected.
The State Board of Elections shall design a standard and
scientific random method of selecting the precincts and voting devices that are to
be tested.  The State central committee chair

 of each established political party shall be given prior written notice of the time
and place of the random selection procedure and may be
represented at the procedure.
The test shall be conducted by counting the votes marked on
the permanent paper record of each ballot cast in the tested
precinct printed by the voting system at the time that each
ballot was cast and comparing the results of this count with the
results shown by the certificate of results prepared by the
Direct Recording Electronic Voting System in the test precinct.
The election authority shall test count these votes either by
hand or by using an automatic tabulating device other than a
Direct Recording Electronic voting device that has been approved
by the State Board of Elections for that purpose and tested
before use to ensure accuracy. The election authority shall
print the results of each test count.  If any error is detected,
the cause shall be determined and corrected, and an errorless
count shall be made prior to the official canvass and
proclamation of election results.  If an errorless count cannot
be conducted and there continues to be difference in vote
results between the certificate of results produced by the
Direct Recording Electronic Voting System and the count of the
permanent paper records or if an error was detected and
corrected, the election authority shall immediately prepare and
forward to the appropriate canvassing board a written report
explaining the results of the test and any errors encountered
and the report shall be made available for public inspection.
The State Board of Elections, the State's Attorney and
other appropriate law enforcement agencies, the county chair 
of each established political party and qualified civic
organizations shall be given prior written notice of the time
and place of the test and may be represented at the test.
The results of this post-election test shall be treated in
the same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Code.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/24C-15.01)
Sec. 24C-15.01. 
		
		Transporting Ballots to Central Counting
Station; Container.  Upon completion of the tabulation, audit or
test of voting equipment pursuant to Sections 24C-11 through
24C-15, the ballots and the medium containing the ballots from
each precinct shall be replaced in the container in which they
were transported to the central counting station.  If the
container is not a type which may be securely locked, then each
container, before being transferred from the counting station to
storage, shall be securely sealed.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-15.1)
Sec. 24C-15.1. 
		Discovery, Recounts and Election Contests. 
		Except as provided, discovery recounts and election contests
shall be conducted as otherwise provided for in this Code.  The
Direct Recording Electronic Voting System equipment shall be
tested prior to the discovery recount or election contest as
provided in Section 24C-9, and then the official ballots shall
be audited.
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted.
The additional costs of a redundant count shall be borne by the
requesting party.
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
election contest.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-16)
Sec. 24C-16. Approval of Direct Recording Electronic Voting
Systems; Requisites.   The State Board of Elections shall approve
all Direct Recording Electronic Voting Systems that fulfill the
functional requirements provided by Section 24C-11 of this Code,
the mandatory requirements of the federal voting system
standards pertaining to Direct Recording Electronic Voting
Systems promulgated by the Federal Election Commission or the
Election Assistance Commission, the testing requirements of an
approved independent testing authority and the rules of the
State Board of Elections.
The State Board of Elections shall not approve any Direct Recording Electronic Voting System that includes an external Infrared Data Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its
approval of a Direct Recording Electronic Voting System if the
System, once approved, fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely responsible for the production and cost of: all application fees;  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.
Any voting system vendor, person, or other private entity seeking the State Board of Elections' approval of a voting system shall, as part of the approval application, submit to the State Board a non-refundable fee.  The State Board of Elections by rule shall establish an appropriate fee structure, taking into account the type of voting system approval that is requested (such as approval of a new system, a modification of an existing system, the size of the modification, etc.).  No voting system or modification of a voting system shall be approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or loan, or have a written contract, including a contract contingent upon State Board approval of the voting system or voting system component, to sell, lease, or loan, a
Direct Recording Electronic Voting System or system component to
any election jurisdiction unless the system or system component
is first approved by the State Board of Elections pursuant to
this Section.
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
(10 ILCS 5/24C-17)
Sec. 24C-17. 
		Rules; Number of Voting Stations. 
		The State
Board of Elections may make reasonable rules for the
administration of this Article and may prescribe the number of
voting stations required for the various types of voting
systems.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-18)
Sec. 24C-18. 
		Specimen Ballots; Publication. 
		When a
Direct Recording Electronic Voting System is used, the
election authority shall cause to be published, at least 5
days before the day of each general and general primary
election, in 2 or more newspapers published in and having a
general circulation in the county, a true and legible copy
of the specimen ballot containing the names of offices and
candidates and public questions to be voted on, as near as
may be, in the form in which they will appear on the
official ballot on election day.  A true legible copy may
be in the form of an actual size ballot and shall be
published as required by this Section if distributed in 2
or more newspapers published and having a general
circulation in the county as an insert.  For each election
prescribed in Article 2A of this Code, specimen ballots
shall be made available for public distribution and shall
be supplied to the judges of election for posting in the
polling place on the day of election.  Notice for the
consolidated elections shall be given as provided in
Article 12.
(Source: P.A. 93-574, eff. 8-21-03.)
(10 ILCS 5/24C-19)
Sec. 24C-19. 
		Additional Method of Voting. 
		The
foregoing Sections of this Article shall be deemed to
provide a method of voting in addition to the methods
otherwise provided in this Code.
(Source: P.A. 93-574, eff. 8-21-03.)