Illinois Administrative Code › Title 26 - ELECTIONS › Part 207 - MISCELLANEOUS › Section 207.120 - Procedures for Election Night Equipment Failure

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a component of an electronic voting
			 system needs to be repaired or replaced during vote tabulation on election
			 night because of a malfunction or failure to operate, or if a sensor of an
			 optical scanning system needs to be adjusted or recalibrated, the election
			 authority shall run the pre-tabulation test required by Section 24A-9 of the
			 Election Code [10
			 ILCS 5/24A-9 ] after the item of equipment has been
			 repaired or replaced or the sensor adjusted or recalibrated, as the case may
			 be. Before resuming vote tabulation the election authority shall retabulate the
			 last precinct successfully tabulated before the failure occurred or the
			 adjustment made. If the results of retabulation agree with the results produced
			 when the precinct was originally tabulated, the election authority may resume
			 tabulation of results with the precinct which was being tabulated when the
			 failure occurred or the adjustment made. If the results of the retabulation of
			 the last precinct successfully tabulated do not agree with the results of the
			 original tabulation of that precinct, the election authority shall retabulate
			 successive precincts in reverse order from the precinct which was being
			 tabulated at the time the equipment failure occurred or the adjustment was made
			 until the retabulation for a precinct agrees with the original tabulation for
			 that same precinct. Tabulation of results shall resume with the precinct
			 immediately following in regular order from the precinct for which retabulation
			 agrees with the original tabulation.
b) If for any reason the pre-tabulation test
			 identified in Section 24A-9 [10
			 ILCS 5/24A-9 ] of the Election Code is required to be
			 run again on election night after vote tabulating begins it must run accurately
			 the first time, or tabulation shall not continue. If it does not run accurately
			 the first time, it may, in the judgment of the election authority, be rerun
			 until it runs accurately but in such case tabulation shall not be resumed until
			 the election authority has determined what caused the test to run inaccurately
			 the first time. If no cause can be identified the entire electronic voting
			 system must be replaced and successfully tested utilizing the pre-tabulation
			 test before tabulation may be resumed. In such latter case all precincts must
			 be retabulated using the new system.
c) If the post-tabulation test of the
			 electronic voting system required by Section 24A-9 of the Election Code [10
			 ILCS 5/24A-9] does not run accurately when it is attempted the election
			 authority shall determine the reason for the failure of the post-tabulation
			 test to run accurately. If no reason can be determined, or if the reason is
			 determined to be the mechanical or electronic failure of a component of the
			 system, the entire electronic voting system shall be replaced and successfully
			 tested utilizing the pre-tabulation test and the entire jurisdiction
			 retabulated.
d) No fewer than 15
			 ballots per ballot style shall be required to constitute any pre-test conducted
			 in satisfaction of the test mandated by Section 24A-9 of the Election Code [10
			 ILCS 5/24A-9].