Sen. Terry Link
Filed: 3/21/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 662




2
    AMENDMENT NO. ______. Amend Senate Bill 662, AS AMENDED, 
3
with reference to page and line numbers of Senate Amendment No. 
4
1, on page 1, by replacing line 6 with the following:
 
5
"24A-10.1, 24A-15, 24A-16, 24B-6, 24B-10.1, 24B-15, 24B-16, 
6
24C-12, 24C-15, 24C-16, and"; and
 
7
on page 28, by inserting below line 16 the following:

 



8
    "(10 ILCS 5/24A-16)  (from Ch. 46, par. 24A-16)



9
    Sec. 24A-16. The State Board of Elections shall approve all 
10
voting
systems provided by this Article.
11
    No voting system shall be approved
unless it fulfills the 
12
following requirements:

13
        (1) It enables a voter to vote in absolute secrecy;

14
        (2) (Blank);

15
        (3) It enables a voter to vote a ticket selected in 
 


 






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    part from the
nominees of one party, and in part from the 
2
    nominees of any or all parties,
and in part from 
3
    independent candidates and in part of candidates whose

4
    names are written in by the voter;

5
        (4) It enables a voter to vote a written or printed 
6
    ticket of his own
selection for any person for any office 
7
    for whom he may desire to vote;

8
        (5) It will reject all votes for an office or upon a 
9
    proposition when
the voter has cast more votes for such 
10
    office or upon such proposition than
he is entitled to 
11
    cast;

12
        (6) It will accommodate all propositions to be 
13
    submitted to the voters
in the form provided by law or, 
14
    where no such form is provided, then in
brief form, not to 
15
    exceed 75 words.

16
    The State Board of Elections shall not approve any voting 
17
equipment or system that includes an external Infrared Data 
18
Association (IrDA) communications port.

19
    The State Board of Elections is authorized to withdraw its 
20
approval of a
voting system if the system fails to fulfill the 
21
above requirements.

22
    The vendor, person, or other private entity shall be solely 
23
responsible for the production and cost of:  all ballots; 
24
additional temporary workers; and other equipment or 
25
facilities needed and used in the testing of the vendor's, 
26
person's, or other private entity's respective equipment and 
 


 






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1
software.

2
    Any voting system vendor, person, or other private entity 
3
seeking the State Board of Elections' approval of a voting 
4
system shall, as part of the approval application, submit to 
5
the State Board a non-refundable fee.  The State Board of 
6
Elections by rule shall establish an appropriate fee structure, 
7
taking into account the type of voting system approval that is 
8
requested (such as approval of a new system, a modification of 
9
an existing system, the size of the modification, etc.).  No 
10
voting system or modification of a voting system shall be 
11
approved unless the fee is paid.

12
    No vendor, person, or other entity may sell, lease, or 
13
loan, or have a written contract, including a contract 
14
contingent upon State Board approval of the voting system or 
15
voting system component, to sell, lease, or loan, a voting

16
system or voting system component to any election jurisdiction 
17
unless the
voting system or voting system component is first 
18
approved by the State
Board of Elections pursuant to this 
19
Section.

20
(Source: P.A. 94-1000, eff. 7-3-06.)"; and

 
21
on page 41, by inserting below line 8 the following:
 



22
    "(10 ILCS 5/24B-16)



23
    Sec. 24B-16. Approval of Precinct Tabulation Optical Scan

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Technology Voting Systems; Requisites.  The State Board of

 


 






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Elections shall approve all Precinct Tabulation Optical Scan

2
Technology voting systems provided by this Article.

3
    No Precinct Tabulation Optical Scan Technology voting 
4
system
shall be approved unless it fulfills the following 
5
requirements:


6
        (a) It enables a voter to vote in absolute secrecy;


7
        (b) (Blank);


8
        (c) It enables a voter to vote a ticket selected in 
9
    part
from the nominees of one party, and in part from the 
10
    nominees of
any or all parties, and in part from 
11
    independent candidates, and
in part of candidates whose 
12
    names are written in by the voter;


13
        (d) It enables a voter to vote a written or printed 
14
    ticket
of his or her own selection for any person for any 
15
    office for whom he or she
may desire to vote;


16
        (e) It will reject all votes for an office or upon a

17
    proposition when the voter has cast more votes for the 
18
    office or
upon the proposition than he or she is entitled 
19
    to cast; and


20
        (f) It will accommodate all propositions to be 
21
    submitted to
the voters in the form provided by law or, 
22
    where no form is
provided, then in brief form, not to 
23
    exceed 75 words.

24
    The State Board of Elections shall not approve any voting 
25
equipment or system that includes an external Infrared Data 
26
Association (IrDA) communications port.

 


 






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    The State Board of Elections is authorized to withdraw its

2
approval of a Precinct Tabulation Optical Scan Technology 
3
voting
system if the system fails to fulfill the above 
4
requirements.

5
    The vendor, person, or other private entity shall be solely 
6
responsible for the production and cost of:  all ballots; 
7
additional temporary workers; and other equipment or 
8
facilities needed and used in the testing of the vendor's, 
9
person's, or other private entity's respective equipment and 
10
software.

11
    Any voting system vendor, person, or other private entity 
12
seeking the State Board of Elections' approval of a voting 
13
system shall, as part of the approval application, submit to 
14
the State Board a non-refundable fee.  The State Board of 
15
Elections by rule shall establish an appropriate fee structure, 
16
taking into account the type of voting system approval that is 
17
requested (such as approval of a new system, a modification of 
18
an existing system, the size of the modification, etc.).  No 
19
voting system or modification of a voting system shall be 
20
approved unless the fee is paid.

21
    No vendor, person, or other entity may sell, lease, or 
22
loan, or have a written contract, including a contract 
23
contingent upon State Board approval of the voting system or 
24
voting system component, to sell, lease, or loan, a
voting 
25
system or Precinct Tabulation Optical Scan Technology
voting 
26
system component to any election jurisdiction unless the
voting 
 


 






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system or voting system component is first approved by the

2
State Board of Elections pursuant to this Section.

3
(Source: P.A. 94-1000, eff. 7-3-06.)"; and

 

4
on page 50, by inserting below line 1 the following:
 



5
    "(10 ILCS 5/24C-16)



6
    Sec. 24C-16. Approval of Direct Recording Electronic 
7
Voting
Systems; Requisites.  The State Board of Elections shall 
8
approve
all Direct Recording Electronic Voting Systems that 
9
fulfill the
functional requirements provided by Section 24C-11 
10
of this Code,
the mandatory requirements of the federal voting 
11
system
standards pertaining to Direct Recording Electronic 
12
Voting
Systems promulgated by the Federal Election Commission 
13
or the
Election Assistance Commission, the testing 
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requirements of an
approved independent testing authority and 
15
the rules of the
State Board of Elections.

16
    The State Board of Elections shall not approve any Direct 
17
Recording Electronic Voting System that includes an external 
18
Infrared Data Association (IrDA) communications port.

19
    The State Board of Elections is authorized to withdraw its

20
approval of a Direct Recording Electronic Voting System if the

21
System, once approved, fails to fulfill the above requirements.

22
    The vendor, person, or other private entity shall be solely 
23
responsible for the production and cost of:  all ballots; 
24
additional temporary workers; and other equipment or 
 


 






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1
facilities needed and used in the testing of the vendor's, 
2
person's, or other private entity's respective equipment and 
3
software.

4
    Any voting system vendor, person, or other private entity 
5
seeking the State Board of Elections' approval of a voting 
6
system shall, as part of the approval application, submit to 
7
the State Board a non-refundable fee.  The State Board of 
8
Elections by rule shall establish an appropriate fee structure, 
9
taking into account the type of voting system approval that is 
10
requested (such as approval of a new system, a modification of 
11
an existing system, the size of the modification, etc.).  No 
12
voting system or modification of a voting system shall be 
13
approved unless the fee is paid.

14
    No vendor, person, or other entity may sell, lease, or 
15
loan, or have a written contract, including a contract 
16
contingent upon State Board approval of the voting system or 
17
voting system component, to sell, lease, or loan, a
Direct 
18
Recording Electronic Voting System or system component to
any 
19
election jurisdiction unless the system or system component
is 
20
first approved by the State Board of Elections pursuant to
this 
21
Section.

22
(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)".