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This entry was published on 2023-09-22
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Audit of voter verifiable audit records
§ 9-211. Audit of voter verifiable audit records. 1. Within fifteen
days after each general or special election, within thirteen days after
every primary election, and within seven days after every village
election conducted by the board of elections, the board of elections or
a bipartisan committee appointed by such board shall audit the voter
verifiable audit records from three percent of voting machines or
systems within the jurisdiction of such board. Such audits may be
performed manually or via the use of any automated tool authorized for
such use by the state board of elections which is independent from the
voting system it is being used to audit. 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. Within three days of any election, the board of elections or a
bipartisan committee appointed by such board shall audit the central
count ballot scanners by auditing the ballots from three percent of
election districts that were tabulated by such scanners within the
jurisdiction of such board by that time. All provisions of this section
shall otherwise apply to such audit. To the extent additional ballots
are tabulated through central count ballot scanners after the initial
audit, three percent of election districts shall thereafter be audited
as to the additional ballots tabulated. The certification of the canvass
shall not await the completion of such additional audit; provided,
however, if upon the completion of such additional audit the criteria
are met for the results of the audit to replace the canvass then the
board of canvassers shall forthwith reconvene and adjust the canvass as

3. The 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.

4. 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 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 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

5. 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.

6. Notwithstanding subdivision five 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.