Section 9-211. Audit of voter verifiable audit records  


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  • 1. Within fifteen
      days after each general or special election, and within seven days after
      every primary or village election conducted by the board  of  elections,
      the board of elections or a bipartisan committee appointed by such board
      shall  manually  audit  the  voter  verifiable  audit records from three
      percent of voting machines or systems within the  jurisdiction  of  such
      board.  Voting machines or systems shall be selected for audit through a
      random, manual process. At least five days prior to the time  fixed  for
      such  selection  process,  the  board  of elections shall send notice by
      first class mail to each candidate, political party and independent body
      entitled to have had watchers present  at  the  polls  in  any  election
      district  in such board's jurisdiction. Such notice shall state the time
      and place fixed for such random selection process. The  audit  shall  be
      conducted  in the same manner, to the extent applicable, as a canvass of
      paper ballots. Each  candidate,  political  party  or  independent  body
      entitled  to  appoint  watchers  to  attend  at a polling place shall be
      entitled to appoint such number of watchers to observe the audit.
        2. The manual audit tallies for each voting machine or system shall be
      compared to the tallies recorded by such voting machine or system, and a
      report shall be made of such comparison which  shall  be  filed  in  the
      office of the state board of elections.
        3.  The state board of elections shall, in accordance with subdivision
      four  of  section  3-100  of  this   chapter,   promulgate   regulations
      establishing  a  uniform  statewide  standard  to  be  used by boards of
      elections to determine when  a  discrepancy  between  the  manual  audit
      tallies and the voting machine or system tallies shall require a further
      voter  verifiable  record audit of additional voting machines or systems
      or a complete manual  audit  of  all  machines  or  systems  within  the
      jurisdiction  of  a  board of elections. Any board of elections shall be
      empowered to order that any such audit shall be conducted  whenever  any
      such discrepancy exists.
        4.  If  a complete audit shall be conducted, the results of such audit
      shall be used by the canvassing board in making the statement of canvass
      and determinations of  persons  elected  and  propositions  rejected  or
      approved.  The  results of a partial voter verifiable record audit shall
      not be used in lieu of voting machine or system tallies.
        5. Notwithstanding subdivision four  of  this  section,  if  a  voting
      machine  or  system  is found to have failed to record votes in a manner
      indicating an operational failure, the board of canvassers shall use the
      voter verifiable audit records to  determine  the  votes  cast  on  such
      machine  or  system, provided such records were not also impaired by the
      operational failure of the voting machine or system.