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Full Text of SB3060
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SB3060 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3060
Introduced 1/28/2026, by Sen. Sally J. Turner
SYNOPSIS AS INTRODUCED:
10 ILCS 5/24B-15
10 ILCS 5/24C-15
Amends the Election Code. Provides that, in jurisdictions where
in-precinct counting equipment is used, the election authority shall
retabulate the total number of votes cast on 5% of the election day
equipment used within the election jurisdiction (rather than votes cast in
5% of precincts within the election jurisdiction). Provides that the
precincts and voting devices to be retabulated shall be selected after
election day on a random basis by the State Board of Elections so that
every device used in early voting and all equipment used on election day in
the election jurisdiction has an equal mathematical chance of being
selected (rather than providing that every precinct and every device used
in early voting shall have an equal mathematical chance of being selected
for retabulated).
LRB104 16955 SPS 30369 b
A BILL FOR
SB3060
LRB104 16955 SPS 30369 b
1
AN ACT concerning elections.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Election Code is amended by changing
5
Sections 24B-15 and 24C-15 as follows:
6
(10 ILCS 5/24B-15)
7
Sec. 24B-15.
Official return of precinct; check of totals;
8
retabulation.
The precinct return printed by the automatic
9
Precinct Tabulation Optical Scan Technology tabulating
10
equipment shall include the number of ballots cast and votes
11
cast for each candidate and proposition and shall constitute
12
the official return of each precinct. In addition to the
13
precinct return, the election authority shall provide the
14
number of applications for ballots in each precinct, the
15
write-in votes, the total number of ballots counted in each
16
precinct for each political subdivision and district and the
17
number of registered voters in each precinct. However, the
18
election authority shall check the totals shown by the
19
precinct return and, if there is an obvious discrepancy
20
regarding the total number of votes cast in any precinct,
21
shall have the ballots for that precinct retabulated to
22
correct the return. The procedures for retabulation shall
23
apply prior to and after the proclamation is completed;
SB3060
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LRB104 16955 SPS 30369 b
1
however, after the proclamation of results, the election
2
authority must obtain a court order to unseal voted ballots
3
except for election contests and discovery recounts. In those
4
election jurisdictions that use in-precinct counting
5
equipment, the certificate of results, which has been prepared
6
by the judges of election after the ballots have been
7
tabulated, shall be the document used for the canvass of votes
8
for such precinct. Whenever a discrepancy exists during the
9
canvass of votes between the unofficial results and the
10
certificate of results, or whenever a discrepancy exists
11
during the canvass of votes between the certificate of results
12
and the set of totals which has been affixed to the certificate
13
of results, the ballots for that precinct shall be retabulated
14
to correct the return. As an additional part of this check
15
prior to the proclamation, in those jurisdictions where
16
in-precinct counting equipment is used, the election authority
17
shall retabulate the total number of votes cast
on
in
5% of the
18
election day equipment used
precincts
within the election
19
jurisdiction, as well as 5% of the voting devices used in early
20
voting. The precincts and the voting devices to be retabulated
21
shall be selected after election day on a random basis by the
22
State Board of Elections, so that every
precinct in the
23
election jurisdiction and every voting
device used in early
24
voting
and all equipment used on election day in the election
25
jurisdiction
has an equal mathematical chance of being
26
selected. The State Board of Elections shall design a standard
SB3060
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LRB104 16955 SPS 30369 b
1
and scientific random method of selecting the precincts and
2
voting devices which are to be retabulated. The State central
3
committee chair of each established political party shall be
4
given prior written notice of the time and place of the random
5
selection procedure and may be represented at the procedure.
6
The retabulation shall consist of counting the ballots which
7
were originally counted and shall not involve any
8
determination of which ballots were, in fact, properly
9
counted. The ballots from the precincts selected for the
10
retabulation shall remain at all times under the custody and
11
control of the election authority and shall be transported and
12
retabulated by the designated staff of the election authority.
13
As part of the retabulation, the election authority shall
14
test the computer program in the selected precincts and on the
15
selected early voting devices. The test shall be conducted by
16
processing a preaudited group of ballots marked to record a
17
predetermined number of valid votes for each candidate and on
18
each public question, and shall include for each office one or
19
more ballots which have votes in excess of the number allowed
20
by law to test the ability of the equipment and the marking
21
device to reject such votes. If any error is detected, the
22
cause shall be determined and corrected, and an errorless
23
count shall be made prior to the official canvass and
24
proclamation of election results.
25
The State Board of Elections, the State's Attorney and
26
other appropriate law enforcement agencies, the county chair
SB3060
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LRB104 16955 SPS 30369 b
1
of each established political party and qualified civic
2
organizations shall be given prior written notice of the time
3
and place of the retabulation and may be represented at the
4
retabulation.
5
The results of this retabulation shall be treated in the
6
same manner and have the same effect as the results of the
7
discovery procedures set forth in Section 22-9.1 of this Code.
8
Upon completion of the retabulation, the election authority
9
shall print a comparison of the results of the retabulation
10
with the original precinct return printed by the automatic
11
tabulating equipment. The comparison shall be done for each
12
precinct and for each early voting device selected for testing
13
and for each office voted upon within that precinct or on that
14
voting device, and the comparisons shall be open to the
15
public. Upon completion of the retabulation, the returns shall
16
be open to the public.
17
(Source: P.A. 100-1027, eff. 1-1-19
.)
18
(10 ILCS 5/24C-15)
19
Sec. 24C-15.
Official return of precinct; check of totals;
20
audit.
The precinct return printed by the Direct Recording
21
Electronic Voting System tabulating equipment shall include
22
the number of ballots cast and votes cast for each candidate
23
and public question and shall constitute the official return
24
of each precinct. In addition to the precinct return, the
25
election authority shall provide the number of applications
SB3060
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LRB104 16955 SPS 30369 b
1
for ballots in each precinct, the total number of ballots and
2
vote by mail ballots counted in each precinct for each
3
political subdivision and district and the number of
4
registered voters in each precinct. However, the election
5
authority shall check the totals shown by the precinct return
6
and, if there is an obvious discrepancy regarding the total
7
number of votes cast in any precinct, shall have the ballots
8
for that precinct audited to correct the return. The
9
procedures for this audit shall apply prior to and after the
10
proclamation is completed; however, after the proclamation of
11
results, the election authority must obtain a court order to
12
unseal voted ballots or voting devices except for election
13
contests and discovery recounts. The certificate of results,
14
which has been prepared and signed by the judges of election
15
after the ballots have been tabulated, shall be the document
16
used for the canvass of votes for such precinct. Whenever a
17
discrepancy exists during the canvass of votes between the
18
unofficial results and the certificate of results, or whenever
19
a discrepancy exists during the canvass of votes between the
20
certificate of results and the set of totals reflected on the
21
certificate of results, the ballots for that precinct shall be
22
audited to correct the return.
23
Prior to the proclamation, the election authority shall
24
test the voting devices and equipment
on
in
5% of the
election
25
day equipment used
precincts
within the election jurisdiction,
26
as well as 5% of the voting devices used in early voting. The
SB3060
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LRB104 16955 SPS 30369 b
1
precincts and the voting devices to be tested shall be
2
selected after election day on a random basis by the State
3
Board of Elections, so that
every precinct and
every device
4
used in early voting
and all equipment used on election day
in
5
the election jurisdiction has an equal mathematical chance of
6
being selected. The State Board of Elections shall design a
7
standard and scientific random method of selecting the
8
precincts and voting devices that are to be tested. The State
9
central committee chair of each established political party
10
shall be given prior written notice of the time and place of
11
the random selection procedure and may be represented at the
12
procedure.
13
The test shall be conducted by counting the votes marked
14
on the permanent paper record of each ballot cast in the tested
15
precinct printed by the voting system at the time that each
16
ballot was cast and comparing the results of this count with
17
the results shown by the certificate of results prepared by
18
the Direct Recording Electronic Voting System in the test
19
precinct. The election authority shall test count these votes
20
either by hand or by using an automatic tabulating device
21
other than a Direct Recording Electronic voting device that
22
has been approved by the State Board of Elections for that
23
purpose and tested before use to ensure accuracy. The election
24
authority shall print the results of each test count. If any
25
error is detected, the cause shall be determined and
26
corrected, and an errorless count shall be made prior to the
SB3060
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LRB104 16955 SPS 30369 b
1
official canvass and proclamation of election results. If an
2
errorless count cannot be conducted and there continues to be
3
difference in vote results between the certificate of results
4
produced by the Direct Recording Electronic Voting System and
5
the count of the permanent paper records or if an error was
6
detected and corrected, the election authority shall
7
immediately prepare and forward to the appropriate canvassing
8
board a written report explaining the results of the test and
9
any errors encountered and the report shall be made available
10
for public inspection.
11
The State Board of Elections, the State's Attorney and
12
other appropriate law enforcement agencies, the county chair
13
of each established political party and qualified civic
14
organizations shall be given prior written notice of the time
15
and place of the test and may be represented at the test.
16
The results of this post-election test shall be treated in
17
the same manner and have the same effect as the results of the
18
discovery procedures set forth in Section 22-9.1 of this Code.
19
(Source: P.A. 100-1027, eff. 1-1-19
.)
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