100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3695

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
10 ILCS 5/1-16 new
10 ILCS 5/1A-16.1 new
10 ILCS 5/1A-16.2 new
10 ILCS 5/1A-16.6
10 ILCS 5/1A-16.8
10 ILCS 5/1A-16.9 new
625 ILCS 5/2-105  from Ch. 95 1/2, par. 2-105

    Amends the Election Code. Provides that the State Board of Elections and the Office of the Secretary of State shall establish an automatic voter registration program pursuant to an interagency contract and jointly-adopted rules. Provides that an application for a driver's license, other than a temporary visitor's driver's license or a State identification card, shall also serve as an application to register to vote; allow an update to registration; and perform other specified functions. Requires specified agencies to provide certain information regarding registration. Establishes designated automatic voter registration agencies; and requires the establishment of dual-purpose applications to register to vote. Sets forth provisions and requirements for the State Board of Elections regarding the program. Amends the Freedom of Information Act to exempt certain information. Amends the Illinois Vehicle Code to make conforming changes. Effective immediately.


LRB100 10914 MLM 21150 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3695LRB100 10914 MLM 21150 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

HB3695- 2 -LRB100 10914 MLM 21150 b

1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a local
21    emergency energy plan ordinance that is adopted under
22    Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by wireless
25    carriers under the Wireless Emergency Telephone Safety
26    Act.

 

 

HB3695- 3 -LRB100 10914 MLM 21150 b

1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of

 

 

HB3695- 4 -LRB100 10914 MLM 21150 b

1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Records Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained in,
12    stored in, submitted to, transferred by, or released from
13    the Illinois Health Information Exchange, and identified
14    or deidentified health information in the form of health
15    data and medical records of the Illinois Health Information
16    Exchange in the possession of the Illinois Health
17    Information Exchange Authority due to its administration
18    of the Illinois Health Information Exchange. The terms
19    "identified" and "deidentified" shall be given the same
20    meaning as in the Health Insurance Portability and
21    Accountability Act of 1996, Public Law 104-191, or any
22    subsequent amendments thereto, and any regulations
23    promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under Brian's Law.
26        (v) Names and information of people who have applied

 

 

HB3695- 5 -LRB100 10914 MLM 21150 b

1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

HB3695- 6 -LRB100 10914 MLM 21150 b

1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) (dd) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Records that are exempt from disclosure under
15    Section 1A-16.6 of the Election Code.
16(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
17eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1899-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
1999-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
208-19-16; revised 9-1-16.)
 
21    Section 10. The Election Code is amended by changing
22Sections 1A-16.6 and 1A-16.8 and by adding Sections 1-16,
231A-16.1, 1A-16.2, and 1A-16.9 as follows:
 
24    (10 ILCS 5/1-16 new)

 

 

HB3695- 7 -LRB100 10914 MLM 21150 b

1    Sec. 1-16. Election authorities; notices by electronic
2mail. If an election authority is required by law to send an
3election-related notice to an individual, that election
4authority may send that notice solely by electronic mail if the
5individual provides a current e-mail address to the election
6authority and authorizes the election authority to send notices
7by electronic mail. For the purposes of this Section, the term
8"notice" does not include a ballot.
 
9    (10 ILCS 5/1A-16.1 new)
10    Sec. 1A-16.1. Automatic voter registration; Secretary of
11State.
12    (a) The Office of the Secretary of State and the State
13Board of Elections, pursuant to an interagency contract and
14jointly-adopted rules, shall establish an automatic voter
15registration program that satisfies the requirements of this
16Section and other applicable law.
17    (b) An application for a driver's license, other than a
18temporary visitor's driver's license, or a State
19identification card issued by the Office of the Secretary of
20State shall:
21        (1) also serve as an application to register to vote in
22    Illinois;
23        (2) allow an applicant to change his or her registered
24    residence address;
25        (3) clearly and conspicuously inform the applicant in

 

 

HB3695- 8 -LRB100 10914 MLM 21150 b

1    writing (i) of the qualifications to register to vote in
2    Illinois, (ii) of the penalties provided by law for
3    submission of a false voter registration application,
4    (iii) that, unless the applicant declines to register to
5    vote or update his or her voter registration, his or her
6    application shall also serve as both an application to
7    register to vote and his or her attestation that he or she
8    meets the eligibility requirements for voter registration,
9    and that his or her application to register to vote or
10    update his or her registration will be transmitted to the
11    State Board of Elections for the purpose of registering the
12    person to vote at the residence address to be indicated on
13    his or her driver's license or identification card, and
14    (iv) that declining to register to vote is confidential and
15    will not affect any services the person may be seeking from
16    the Office of the Secretary of State;
17        (4) provide the applicant with an opportunity to
18    affirmatively decline to register to vote or to change his
19    or her registered residence address by providing a check
20    box on the application form without requiring the applicant
21    to state the reason; and
22        (5) unless the applicant declines to register to vote
23    or change his or her registered residence address, require
24    the applicant to attest, by signature under penalty of
25    perjury as described in subsection (e) of this Section, to
26    meeting the qualifications to register to vote in Illinois

 

 

HB3695- 9 -LRB100 10914 MLM 21150 b

1    at his or her residence address as indicated on his or her
2    driver's license or identification card application.
3    (c) The Office of the Secretary of State shall inform each
4applicant for a driver's license or permit, other than a
5temporary visitor's driver's license, or a State
6identification card issued by the Office of the Secretary of
7State whether the applicant is currently registered to vote in
8Illinois and, if registered, at what address.
9    (d) The Office of the Secretary of State shall not require
10an applicant for a driver's license or State identification
11card to provide duplicate identification or information in
12order to complete an application to register to vote or change
13his or her registered residence address. Before transmitting
14any personal information about an applicant to the State Board
15of Elections, the Office of the Secretary of State shall review
16its records regarding the applicant, including identification
17documents that may have been provided in order to complete the
18application for a driver's license or State identification
19card, to confirm that the Office of the Secretary of State is
20not in possession of any information that indicates that the
21applicant does not satisfy the qualifications to register to
22vote in Illinois at his or her residence address.
23    (e) A completed, signed application for a driver's license
24or permit, other than a temporary visitor's driver's license or
25a State identification card issued by the Office of the
26Secretary of State, shall constitute a signed application to

 

 

HB3695- 10 -LRB100 10914 MLM 21150 b

1register to vote in Illinois at the residence address indicated
2in the application unless (i) the person affirmatively declined
3in the application to register to vote or to change his or her
4registered residence address or (ii) the records of the Office
5of the Secretary of State regarding the applicant indicate that
6he or she does not satisfy the qualifications to register to
7vote in Illinois at his or her residence address.
8    (f) For each completed and signed application that
9constitutes an application to register to vote in Illinois or
10provides for a change in the applicant's registered residence
11address, the Office of the Secretary of State shall
12electronically transmit to the State Board of Elections
13personal information needed to complete the person's
14registration to vote in Illinois at his or her residence
15address. The application to register to vote shall be processed
16in accordance with Section 1A-16.7.
 
17    (10 ILCS 5/1A-16.2 new)
18    Sec. 1A-16.2. Automatic voter registration; designated
19automatic voter registration agencies.
20    (a) Each designated automatic voter registration agency
21may, pursuant to an interagency contract and jointly-adopted
22rules with the State Board of Elections, agree to participate
23in an automatic voter registration program established by the
24State Board of Elections that satisfies the requirements of
25this Section and other applicable law.

 

 

HB3695- 11 -LRB100 10914 MLM 21150 b

1    (b) As provided in subsection (a), each designated
2automatic voter registration agency that collects or
3cross-references reliable personal information indicating
4citizenship status may provide that an application for a
5license, permit, program, or service offered by that agency
6shall serve as a dual-purpose application. The dual-purpose
7application shall:
8        (1) also serve as an application to register to vote in
9    Illinois;
10        (2) allow an applicant to change his or her registered
11    residence address;
12        (3) clearly and conspicuously inform the applicant in
13    writing (i) of the qualifications to register to vote in
14    Illinois, (ii) of the penalties provided by law for
15    submission of a false voter registration application,
16    (iii) that, unless the applicant declines to register to
17    vote or update his or her voter registration, his or her
18    application shall also serve as both an application to
19    register to vote and his or her attestation that he or she
20    meets the eligibility requirements for voter registration,
21    and that his or her application to register to vote or
22    update his or her registration will be transmitted to the
23    State Board of Elections for the purpose of registering the
24    person to vote at the residence address to be indicated on
25    the dual-purpose application, (iv) that information
26    identifying the agency at which he or she applied to

 

 

HB3695- 12 -LRB100 10914 MLM 21150 b

1    register to vote is confidential, (vi) that declining to
2    register to vote is confidential and will not affect any
3    services the person may be seeking from the agency, and
4    (vii) any additional information needed in order to comply
5    with Section 7 of the federal National Voter Registration
6    Act of 1993;
7        (4) provide the applicant with an opportunity to
8    affirmatively decline to register to vote or change his or
9    her registered residence address by providing a check box
10    on the application form without requiring the applicant to
11    state the reason; and
12        (5) unless the applicant declines to register to vote
13    or to change his or her registered residence address,
14    require the applicant to attest, by signature under penalty
15    of perjury, to meeting the qualifications to register to
16    vote in Illinois at his or her residence address as
17    indicated on his or her dual-purpose application.
18    (c) As provided in subsection (a) of this Section, each
19designated automatic voter registration agency that does not
20collect or cross-reference records containing reliable
21personal information indicating citizenship status may provide
22that an application for a license, permit, program, or service
23offered by that agency shall serve as a dual-purpose
24application. The dual-purpose application shall:
25        (1) also serve as an application to register to vote in
26    Illinois;

 

 

HB3695- 13 -LRB100 10914 MLM 21150 b

1        (2) allow an applicant to change his or her registered
2    residence address;
3        (3) require the applicant to attest, by a separate
4    signature under penalty of perjury, to meeting the
5    qualifications to register to vote in Illinois at his or
6    her residence address as indicated on his or her
7    dual-purpose application;
8        (4) clearly and conspicuously inform the applicant in
9    writing (i) of the qualifications to register to vote in
10    Illinois, (ii) of the penalties provided by law for
11    submission of a false voter registration application,
12    (iii) that the dual-purpose application is also an
13    application to register to vote in Illinois, (iv) that, if
14    he or she decides to register to vote or to change his or
15    her registered residence address, the applicant's personal
16    information will be transmitted to the State Board of
17    Elections for the purpose of registering the person to vote
18    at the residence address to be indicated on the
19    dual-purpose application, (v) that information identifying
20    the agency at which he or she applied to register to vote
21    is confidential, and (vi) that their decision on whether to
22    register to vote is confidential and will not affect any
23    services the person may be seeking from the agency.
24    (d) The designated automatic voter registration agency
25shall inform each applicant whether the applicant is currently
26registered to vote in Illinois and, if registered, at what

 

 

HB3695- 14 -LRB100 10914 MLM 21150 b

1address.
2    (e) The designated automatic voter registration agency
3shall not require an applicant for a dual-purpose application
4to provide duplicate identification or information in order to
5complete an application to register to vote or change his or
6her registered residence address. Before transmitting any
7personal information about an applicant to the State Board of
8Elections, the agency shall review its records regarding the
9applicant, including identification documents that may have
10been provided in order to complete the dual-purpose
11application, to confirm that the agency is not in possession of
12any information that indicates that the applicant does not
13satisfy the qualifications to register to vote in Illinois at
14his or her residence address. A completed and signed
15dual-purpose application, including a completed application
16under subsection (c) of this Section with a separate signature
17attesting that the applicant meets the qualifications to
18register to vote in Illinois at his or her residence address as
19indicated on his or her application, shall constitute an
20application to register to vote in Illinois at the residence
21address indicated in the application unless (i) the person
22affirmatively declined in the application to register to vote
23or to change his or her registered residence address or (ii)
24the agency's records regarding the applicant indicate that he
25or she does not satisfy the qualifications to register to vote
26in Illinois at his or her residence address.

 

 

HB3695- 15 -LRB100 10914 MLM 21150 b

1    (f) For each completed and signed dual-purpose application
2that constitutes an application to register to vote in Illinois
3or provides for a change in the applicant's registered
4residence address, the designated automatic voter registration
5agency shall electronically transmit to the State Board of
6Elections personal information needed to complete the person's
7registration to vote in Illinois at his or her residence
8address. The application to register to vote shall be processed
9in accordance with Section 1A-16.7.
10    (g) As used in this Section:
11        "Designated automatic voter registration agency" or
12    "agency" means the Department of Human Services, the
13    Department of Healthcare and Family Services, the
14    Department of Employment Security, the Department on
15    Aging, or an agency of the State or federal government that
16    has been determined by the State Board of Elections to have
17    access to reliable personal information and has entered
18    into an interagency contract with the State Board of
19    Elections to participate in the automatic voter
20    registration program under this Section.
21        "Dual-purpose application" means an application for a
22    license, permit, program, or service offered by a
23    designated automatic voter registration agency that also
24    serves as an application to register to vote in Illinois.
25        "Reliable personal information" means information
26    about individuals obtained from government sources that

 

 

HB3695- 16 -LRB100 10914 MLM 21150 b

1    may be used to verify whether an individual is eligible to
2    register to vote.
 
3    (10 ILCS 5/1A-16.6)
4    Sec. 1A-16.6. Automatic Government agency voter
5registration.
6    (a) The State Board of Elections shall establish and
7maintain a portal for automatic government agency voter
8registration that permits an eligible person to electronically
9apply to register to vote or to update his or her existing
10voter registration as provided in Section 1A-16.1 or Section
111A-16.2. The portal shall interface with the online voter
12registration system established in Section 1A-16.5 of this Code
13and shall be capable of receiving and processing voter
14registration application information, including electronic
15signatures, from the Office of the Secretary of State and each
16designated automatic voter registration agency, as defined in
17Section 1A-16.2. The State Board of Elections shall modify the
18online voter registration system as necessary to implement this
19Section. By April 1, 2016, the State Board of Elections shall
20establish and maintain a portal for government agency
21registration that permits an eligible person to electronically
22apply to register to vote or to update his or her existing
23voter registration whenever he or she conducts business, either
24online or in person, with a designated government agency. The
25portal shall interface with the online voter registration

 

 

HB3695- 17 -LRB100 10914 MLM 21150 b

1system established in Section 1A-16.5 of this Code and shall be
2capable of receiving and processing voter registration
3application information, including electronic signatures, from
4a designated government agency. The State Board of Elections
5shall modify the online voter registration system as necessary
6to implement this Section.
7    Voter registration data received from a designated
8government agency through the online registration system shall
9be processed as provided for in Section 1A-16.5 of this Code.
10    Whenever the registration interface is accessible to the
11general public, including, but not limited to, online
12transactions, the interface shall allow the applicant to
13complete the process as provided for in Section 1A-16.5 of this
14Code. The online interface shall be capable of providing the
15applicant with the applicant's voter registration status with
16the State Board of Elections and, if registered, the
17applicant's current registration address. The applicant shall
18not be required to re-enter any registration data, such as
19name, address, and birth date, if the designated government
20agency already has that information on file. The applicant
21shall be informed that by choosing to register to vote or to
22update his or her existing voter registration, the applicant
23consents to the transfer of the applicant's personal
24information to the State Board of Elections.
25    Whenever a government employee is accessing the
26registration system while servicing the applicant, the

 

 

HB3695- 18 -LRB100 10914 MLM 21150 b

1government employee shall notify the applicant of the
2applicant's registration status with the State Board of
3Elections and, if registered, the applicant's current
4registration address. If the applicant elects to register to
5vote or to update his or her existing voter registration, the
6government employee shall collect the needed information and
7assist the applicant with his or her registration. The
8applicant shall be informed that by choosing to register to
9vote or to update his or her existing voter registration, the
10applicant consents to the transfer of the applicant's personal
11information to the State Board of Elections.
12    In accordance with technical specifications provided by
13the State Board of Elections, each designated government agency
14shall maintain a data transfer mechanism capable of
15transmitting voter registration application information,
16including electronic signatures where available, to the online
17voter registration system established in Section 1A-16.5 of
18this Code. Each designated government agency shall establish
19and operate a voter registration system capable of transmitting
20voter registration application information to the portal as
21described in this Section by July 1, 2016.
22    (b) Voter registration data received from the Office of the
23Secretary of State or a designated automatic voter registration
24agency through the online registration application system
25shall be processed as provided in Section 1A-16.5 of this Code.
26Whenever an applicant's data is transferred from a designated

 

 

HB3695- 19 -LRB100 10914 MLM 21150 b

1government agency, the agency must transmit a signature image
2if available. If no signature image was provided by the agency
3or if no signature image is available in the Secretary of
4State's database or the statewide voter registration database,
5the applicant must be notified that their registration will
6remain in a pending status and the applicant will be required
7to provide identification and a signature to the election
8authority on Election Day in the polling place or during early
9voting.
10    (c) The State Board of Elections shall establish technical
11specifications applicable to each automatic government
12registration program. The Office of the Secretary of State and
13each designated automatic voter registration agency shall
14maintain a data transfer mechanism capable of transmitting
15voter registration application information, including
16electronic signatures where available, to the online voter
17registration system established in Section 1A-16.5 of this
18Code. The State Board of Elections shall track registration
19data received through the online registration system that
20originated from a designated government agency for the purposes
21of maintaining statistics required by the federal National
22Voter Registration Act of 1993, as amended.
23    (d) The State Board of Elections shall, by rule, establish
24criteria and procedures for determining whether an agency of
25the State or federal government seeking to become a designated
26automatic voter registration agency has access to reliable

 

 

HB3695- 20 -LRB100 10914 MLM 21150 b

1personal information, as defined under this subsection (d) and
2subsection (f) of Section 1A-16.2 of this Code, and otherwise
3meets the requirements to enter into an interagency contract
4and to operate as a designated automatic voter registration
5agency. The State Board of Elections shall approve each
6interagency contract upon affirmative vote of a majority of its
7members. The State Board of Elections shall submit a report to
8the General Assembly and the Governor by December 1, 2015
9detailing the progress made to implement the government agency
10voter registration portal described in this Section.
11    As used in this subsection (d), "reliable personal
12information" means information about individuals obtained from
13government sources that may be used to verify whether an
14individual is eligible to register to vote.
15    (e) Whenever an applicant's data is transferred from the
16Office of the Secretary of State or a designated automatic
17voter registration agency, the agency must transmit a signature
18image if available. If no signature image was provided by the
19agency, or if no signature image is available in the Office of
20the Secretary of State's database or the statewide voter
21registration database, the applicant must be notified that his
22or her registration will remain in a pending status, and the
23applicant will be required to provide identification that
24complies with the federal Help America Vote Act of 2002 and a
25signature to the election authority on election day in the
26polling place or during early voting. The Board shall adopt

 

 

HB3695- 21 -LRB100 10914 MLM 21150 b

1rules, in consultation with the impacted agencies.
2    (f) Upon receipt of personal information collected and
3transferred by the Office of the Secretary of State or a
4designated automatic voter registration agency, the State
5Board of Elections shall check the information against the
6statewide voter registration database. The State Board of
7Elections shall create and electronically transmit to the
8appropriate election authority a voter registration
9application for any individual who is not registered to vote in
10Illinois and is not disqualified as provided in this Section or
11whose information reliably indicates a more recent update to
12the name or address of a person already included in the
13statewide voter database. The election authority shall process
14the application accordingly. As used in this Section, a
15"designated government agency" means the Secretary of State's
16Driver Services and Vehicle Services Departments, the
17Department of Human Services, the Department of Healthcare and
18Family Services, the Department of Employment Security, and the
19Department on Aging.
20    (g) The appropriate election authority shall ensure that
21any applicant who is registered to vote or whose existing voter
22registration is updated under this Section is promptly sent
23written notice of the change. The notice may be sent by
24electronic mail if the applicant has provided an electronic
25mail address on the voter registration form. The notice
26required by this subsection (g) may be sent or combined with

 

 

HB3695- 22 -LRB100 10914 MLM 21150 b

1other notices required or permitted by law, including, but not
2limited to, any notices sent pursuant to Section 1A-16.5 of
3this Code. Any notice required by this subsection (g) shall
4contain, at a minimum: (i) the applicant's name, date of birth,
5and residential address as reflected on the voter registration
6list; (ii) a statement notifying the applicant to contact the
7appropriate election authority if his or her voter registration
8has been updated in error; (iii) the qualifications to register
9to vote in Illinois; (iv) a statement notifying the applicant
10that he or she may opt out of voter registration or request a
11change to his or her registration information at any time by
12contacting an election official; and (v) contact information
13for the appropriate election authority, including a phone
14number, address, electronic mail address, and website address.
15    (h) The appropriate election authority shall ensure that
16any applicant whose voter registration application is not
17accepted or deemed incomplete is promptly sent written notice
18of the application's status. The notice may be sent by
19electronic mail if the applicant has provided an electronic
20mail address on the voter registration form. The notice
21required by this subsection may be sent or combined with other
22notices required or permitted by law, including, but not
23limited to, any notices sent pursuant to Section 1A-16.5 of
24this Code. Any notice required by this subsection (h) shall
25contain, at a minimum, the reason the application was not
26accepted or deemed incomplete and contact information for the

 

 

HB3695- 23 -LRB100 10914 MLM 21150 b

1appropriate election authority, including a phone number,
2address, electronic mail address, and website address.
3    (i) If the Office of the Secretary of State or a designated
4automatic voter registration agency transfers information, or
5if the State Board of Elections creates and transmits a voter
6registration application, for a person who does not qualify as
7an eligible voter, then it shall not constitute a completed
8voter registration form, and the person shall not be considered
9to have registered to vote.
10    (j) If the registration is processed by any election
11authority, then it shall be presumed to have been effected and
12officially authorized by the State, and that person shall not
13be found on that basis to have made a false claim to
14citizenship or to have committed an act of moral turpitude, nor
15shall that person be subject to penalty under any relevant
16laws, including, but not limited to, Sections 29-10 and 29-19
17of this Code. This subsection (j) does not apply to a person
18who knows that he or she is not entitled to register to vote
19and who willfully votes, registers to vote, or attests under
20penalty of perjury that he or she is eligible to register to
21vote or willfully attempts to vote or to register to vote.
22    (k) The State Board of Elections, the Office of the
23Secretary of State, and each designated automatic voter
24registration agency shall implement policies and procedures to
25protect the privacy and security of voter information as it is
26acquired, stored, and transmitted among agencies, including

 

 

HB3695- 24 -LRB100 10914 MLM 21150 b

1policies for the retention and preservation of voter
2information. Information designated as confidential under this
3Section may be recorded and shared among the State Board of
4Elections, election authorities, the Office of the Secretary of
5State, and designated automatic voter registration agencies,
6but shall be used only for voter registration purposes, shall
7not be disclosed to the public except in the aggregate as
8required by subsection (m) of this Section, and shall not be
9subject to the Freedom of Information Act. The following
10information shall be designated as confidential:
11        (1) any portion of an applicant's Social Security
12    number;
13        (2) any portion of an applicant's driver's license
14    number or State identification number;
15        (3) an applicant's decision to decline voter
16    registration;
17        (4) the identity of the person providing information
18    relating to a specific applicant; and
19        (5) the personal residence and contact information of
20    any applicant for whom local, State, or federal law
21    requires confidentiality, including, but not limited to, a
22    victim of domestic violence pursuant to the Address
23    Confidentiality for Victims of Domestic Violence Act or a
24    victim of stalking pursuant to the Stalking No Contact
25    Order Act.
26    This subsection (k) shall not apply to information the

 

 

HB3695- 25 -LRB100 10914 MLM 21150 b

1State Board of Elections is required to share with the
2Electronic Registration Information Center.
3    (l) The voter registration procedures implemented under
4this Section shall comport with the federal National Voter
5Registration Act of 1993, as amended, and shall specifically
6require that the State Board of Elections track registration
7data received through the online registration system that
8originated from a designated automatic voter registration
9agency for the purposes of maintaining statistics.
10    (m) The State Board of Elections, each election authority
11that maintains a website, the Office of the Secretary of State,
12and each designated automatic voter registration agency that
13maintains a website shall provide information on their websites
14informing the public about the new registration procedures
15described in this Section. The Office of the Secretary of State
16and each designated automatic voter registration agency shall
17display signage or provide literature for the public containing
18information about the new registration procedures described in
19this Section.
20    (n) No later than 6 months after the effective date of this
21amendatory Act of the 100th General Assembly, the State Board
22of Elections shall hold at least one public hearing on
23implementing this amendatory Act of the 100th General Assembly
24at which the public may provide input.
25    (o) The State Board of Elections shall submit an annual
26public report to the General Assembly and the Governor

 

 

HB3695- 26 -LRB100 10914 MLM 21150 b

1detailing the progress made to implement this Section. The
2report shall include all of the following: the number of
3records transferred under this Section by agency, the number of
4voters newly added to the statewide voter registration list
5because of records transferred under this Section by agency,
6the number of updated registrations under this Section by
7agency, the number of persons who opted out of voter
8registration, and the number of voters who submitted voter
9registration forms using the online procedure described in
10Section 1A-16.5 of this Code. Any report produced under this
11subsection shall exclude any information that identifies any
12individual personally.
13    (p) The State Board of Elections, in consultation with
14election authorities, the Office of the Secretary of State,
15designated automatic voter registration agencies, and
16community organizations, shall adopt rules as necessary to
17implement the provisions of this Section.
18(Source: P.A. 98-1171, eff. 6-1-15.)
 
19    (10 ILCS 5/1A-16.8)
20    Sec. 1A-16.8. Automatic transfer of registration based
21upon information from the National Change of Address database
22and designated automatic voter registration agencies.
23    (a) The State Board of Elections shall cross-reference the
24statewide voter registration database against the United
25States Postal Service's National Change of Address database

 

 

HB3695- 27 -LRB100 10914 MLM 21150 b

1twice each calendar year, April 15 and October 1 in
2odd-numbered years and April 15 and December 1 in even-numbered
3years, and shall share the findings with the election
4authorities.
5    (b) In addition, beginning no later than September 1, 2017,
6the State Board of Elections shall utilize data provided as
7part of its membership in the Electronic Registration
8Information Center in order to cross-reference the statewide
9voter registration database against databases of relevant
10personal information kept by designated automatic voter
11registration agencies, including, but not limited to, driver's
12license information kept by the Secretary of State, at least 6
13times each calendar year and shall share the findings with
14election authorities.
15    This subsection (b) shall no longer apply once Sections
161A-16.1 and 1A-16.2 of this Code are fully implemented as
17determined by the State Board of Elections. Upon a
18determination by the State Board of Elections of full
19implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
20the State Board of Elections shall file notice of full
21implementation and the inapplicability of this subsection (b)
22with the Index Department of the Office of the Secretary of
23State, the Governor, the General Assembly, and the Legislative
24Reference Bureau.
25    (c) An election authority shall automatically register any
26voter who has moved into its jurisdiction from another

 

 

HB3695- 28 -LRB100 10914 MLM 21150 b

1jurisdiction in Illinois or has moved within its jurisdiction
2provided that:
3        (1) the election authority whose jurisdiction includes
4    the new registration address provides the voter an
5    opportunity to reject the change in registration address
6    through a mailing, sent by non-forwardable mail, to the new
7    registration address, and
8        (2) when the election authority whose jurisdiction
9    includes the previous registration address is a different
10    election authority, then that election authority provides
11    the same opportunity through a mailing, sent by forwardable
12    mail, to the previous registration address.
13    This change in registration shall trigger the same
14inter-jurisdictional or intra-jurisdictional workflows as if
15the voter completed a new registration card, including the
16cancellation of the voter's previous registration. Should the
17registration of a voter be changed from one address to another
18within the State and should the voter appear at the polls and
19offer to vote from the prior registration address, attesting
20that the prior registration address is the true current
21address, the voter, if confirmed by the election authority as
22having been registered at the prior registration address and
23canceled only by the process authorized by this Section, shall
24be issued a regular ballot, and the change of registration
25address shall be canceled. If the election authority is unable
26to immediately confirm the registration, the voter shall be

 

 

HB3695- 29 -LRB100 10914 MLM 21150 b

1permitted to register and vote a regular ballot, provided that
2he or she meets the documentary requirements for same-day
3registration. If the election authority is unable to confirm
4the registration and the voter does not meet the requirements
5for same-day registration, the voter shall be issued a
6provisional ballot.
7    (d) No voter shall be disqualified from voting due to an
8error relating to an update of registration under this Section.
9(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
10    (10 ILCS 5/1A-16.9 new)
11    Sec. 1A-16.9. Implementation. The changes made by this
12amendatory Act of the 100th General Assembly shall be
13implemented no later than July 1, 2018.
 
14    Section 15. The Illinois Vehicle Code is amended by
15changing Section 2-105 as follows:
 
16    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
17    Sec. 2-105. Offices of Secretary of State.
18    (a) The Secretary of State shall maintain offices in the
19State capital and in such other places in the State as he may
20deem necessary to properly carry out the powers and duties
21vested in him.
22    (b) The Secretary of State may construct and equip one or
23more buildings in the State of Illinois outside of the County

 

 

HB3695- 30 -LRB100 10914 MLM 21150 b

1of Sangamon as he deems necessary to properly carry out the
2powers and duties vested in him. The Secretary of State may, on
3behalf of the State of Illinois, acquire public or private
4property needed therefor by lease, purchase or eminent domain.
5The care, custody and control of such sites and buildings
6constructed thereon shall be vested in the Secretary of State.
7Expenditures for the construction and equipping of any of such
8buildings upon premises owned by another public entity shall
9not be subject to the provisions of any State law requiring
10that the State be vested with absolute fee title to the
11premises. The exercise of the authority vested in the Secretary
12of State by this Section is subject to the appropriation of the
13necessary funds.
14    (c) Pursuant to Sections 1A-16.1, 1A-16.6, and Section
151A-25 of the Election Code, the Secretary of State shall make
16driver services facilities available for use as places of
17accepting applications for voter registration.
18    (d) (Blank).
19    (e) Each person applying at a driver services facility for
20a driver's license or permit, a corrected driver's license or
21permit, an Illinois identification card or a corrected Illinois
22identification card shall be notified, under the procedures set
23forth in Sections 1A-16.1 and 1A-16.6 of the Election Code,
24that unless he or she affirmatively declines, his or her
25personal information shall be transferred to the State Board of
26Elections for the purpose of creating an electronic voter

 

 

HB3695- 31 -LRB100 10914 MLM 21150 b

1registration application that the person may apply to register
2to vote at such station and may also apply to transfer his or
3her voter registration at such station to a different address
4in the State. Such notification may be made in writing or
5verbally issued by an employee or the Secretary of State.
6    The Secretary of State shall promulgate such rules as may
7be necessary for the efficient execution of his duties and the
8duties of his employees under this Section.
9    (f) Any person applying at a driver services facility for
10issuance or renewal of a driver's license or Illinois
11Identification Card shall be provided, without charge, with a
12brochure warning the person of the dangers of financial
13identity theft. The Department of Financial and Professional
14Regulation shall prepare these brochures and provide them to
15the Secretary of State for distribution. The brochures shall
16(i) identify signs warning the reader that he or she might be
17an intended victim of the crime of financial identity theft,
18(ii) instruct the reader in how to proceed if the reader
19believes that he or she is the victim of the crime of identity
20theft, and (iii) provide the reader with names and telephone
21numbers of law enforcement and other governmental agencies that
22provide assistance to victims of financial identity theft.
23    (g) The changes made by this amendatory Act of the 100th
24General Assembly shall be implemented no later than July 1,
252018.
26(Source: P.A. 97-81, eff. 7-5-11.)
 

 

 

HB3695- 32 -LRB100 10914 MLM 21150 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.