AUTHORITY: Implementing the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) and authorized by Sections 1A-8(4), (9) and (12) of the Election Code [10 ILCS 5/1A-8(4), (9) and (12)].
SOURCE: Adopted by emergency rule at 21 Ill. Reg. 14247, effective October 22, 1996, for a maximum of 150 days; emergency expired March 21, 1997; adopted at 21 Ill. Reg. 4610, effective March 31, 1997; amended at 22 Ill. Reg. 19330, effective October 15, 1998; amended at 23 Ill. Reg. 3948, effective March 19, 1999.
Section 216.10 Applicability
a) This Part implements the National Voter Registration Act of 1993 (42 U.S.C. Sections 1973gg et seq.) and the order of the Circuit Court of Cook County entered May 1, 1996 in Or, et al., v. Edgar, et al. 95 CO 246 and 95 CO 248 (Consolidated).
b) The requirements and procedures contained in this Part apply to election authorities accepting or transmitting Voter Registration Applications under the provisions of the National Voter Registration Act of 1993 and/or maintaining voter registration records under the provisions of Articles 4, 5, 6, and 6A of the Election Code.
c) The provisions of this Part are additional to any other method or provision for registration to vote contained in the Illinois Election Code [10 ILCS 5].
d) Unless a provision to the contrary is made by this Part, the requirements of the Election Code remain applicable to voter registration cards and to Voter Registration Applications.
Section 216.20 Definitions
"Applicant" – An applicant for purposes of this Part is a person who:
appears in person to request the Secretary of State of Illinois to issue a driver's license, including renewals and change of address or an identification card;
appears in person to sign a request to receive public assistance or to renew a request for public assistance, or certify that he or she remains eligible for public assistance from a township government in counties under township organization, or from the county commissioners of a county not under township organization;
meets the definition of an applicant under the statutes or rules which govern the administration of certain social services programs administered by designated agencies of the State of Illinois; or
submits directly to an election authority a Voter Registration Application designed by the Illinois State Board of Elections or the National Mail Voter Registration Booklet designed by the United States Federal Election Commission.
"Application" or "Voter Registration Application" – An application or Voter Registration Application for the purposes of this Part is an Illinois Voter Registration Application designed by the Illinois State Board of Elections or the National Mail Voter Registration Booklet designed by the United States Federal Election Commission or a document with identical purpose and conforming to the requirements of the National Voter Registration Act of 1993 and this Part generated by the Illinois Secretary of State, a designated agency, or an election authority.
"Deputy registrar" – A deputy registrar is a person appointed by an election authority for the limited and particular purpose of registering persons to vote in all elections in Illinois by use of the triplicate registration card. For purposes of this Part deputy registrar does not include an employee or contractor of the Secretary of State, designated agency, or township supervisor or county commissioner who accepts Voter Registration Applications but who is not so appointed, or any armed forces personnel designated by the United States Department of Defense to accept Voter Registration Applications not so appointed.
"Designated agency" – A designated agency is an agency of the State of Illinois or its contractors selected by the Governor of the State of Illinois to provide an opportunity to its clients to register to vote at the time the client applies for, reapplies for, or is recertified for services from one or more programs administered by the agency.
"Election authority" – An election authority is a city board of elections commissioners, a county board of elections commissioners, or a county clerk in counties not under the management of a county board of elections commissioners.
"Federal election" – For purposes of voter registration and voting by voters on inactive status, a federal election is a general or special election, including primary elections, for any federal office and a presidential preference primary election. For purposes of maintaining on inactive status voters who have registered to vote once transferred to inactive status and for keeping statistics required by Section 216.80 of this Part with respect to Voter Registration Applications, a federal election is a general election, excluding the general primary election.
"Federal office" – Federal office includes electors to elect the President and Vice-President of the United States, United States Senators and Members of the United States Congress.
"Inactive voter" – An inactive voter is a person who, having once submitted a Voter Registration Application subsequently acknowledged by the election authority having jurisdiction over the voter's place of residence, or a registration card, has not responded to a notice to confirm his or her address, but whose authority to vote has not yet been canceled.
"Non-discriminatory" – Non-discriminatory means without intentionally differing treatment of an individual by reason of his or her racial, religious, ethnic, political party, gender, or linguistic characteristics, or without intentional or unintentional disparate impact upon a group of persons identified by racial, religious, ethnic, political party, gender or linguistic characteristics.
"Record" – A record is a Voter Registration Application which has been accepted and acknowledged by an election authority. Record includes Voter Registration Applications which have been placed in a file of inactive voters, but does not include rejected or unacknowledged Voter Registration Applications.
"Secretary of State" – Secretary of State means the Division of Driver Services of the Office of the Illinois Secretary of State.
"Voter Registration Card" – A Voter Registration Card is a voter registration card authorized by the Illinois Election Code and used by election authorities to enroll voters to vote prior to the enactment of the National Voter Registration Act of 1993 and presently.