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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||
5 | Sections 1A-16.1, 1A-16.2, and 1A-16.7 as follows: | |||||||||||||||||||||||||
6 | (10 ILCS 5/1A-16.1) | |||||||||||||||||||||||||
7 | Sec. 1A-16.1. Automatic voter registration; Secretary of | |||||||||||||||||||||||||
8 | State. | |||||||||||||||||||||||||
9 | (a) The Office of the Secretary of State and the State | |||||||||||||||||||||||||
10 | Board of Elections, pursuant to an interagency contract and | |||||||||||||||||||||||||
11 | jointly-adopted rules, shall establish an automatic voter | |||||||||||||||||||||||||
12 | registration program that satisfies the requirements of this | |||||||||||||||||||||||||
13 | Section and other applicable law. | |||||||||||||||||||||||||
14 | (b) If , as part of an application, an application for | |||||||||||||||||||||||||
15 | renewal, a change of address form, or a recertification form | |||||||||||||||||||||||||
16 | for a driver's license, other than a temporary visitor's | |||||||||||||||||||||||||
17 | driver's license, or a State identification card issued by the | |||||||||||||||||||||||||
18 | Office of the Secretary of State , an applicant presents an | |||||||||||||||||||||||||
19 | identification document that demonstrates United States | |||||||||||||||||||||||||
20 | citizenship and is of age to register to vote, meets the | |||||||||||||||||||||||||
21 | requirements of the federal REAL ID Act of 2005, then that | |||||||||||||||||||||||||
22 | application shall serve as a dual-purpose application unless | |||||||||||||||||||||||||
23 | the applicant declines in accordance with subsection (g) of |
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1 | Section 1A-16.7 . The dual-purpose application shall: | ||||||
2 | (1) also serve as an application to register to vote | ||||||
3 | in Illinois; and | ||||||
4 | (2) allow an applicant to change the applicant's his | ||||||
5 | or her registered residence address or name as it appears | ||||||
6 | on the voter registration rolls . ; | ||||||
7 | (3) provide the applicant with an opportunity to | ||||||
8 | affirmatively decline to register to vote or to change his | ||||||
9 | or her registered residence address or name by providing a | ||||||
10 | check box on the application form without requiring the | ||||||
11 | applicant to state the reason; and | ||||||
12 | (4) unless the applicant declines to register to vote | ||||||
13 | or change his or her registered residence address or name, | ||||||
14 | require the applicant to attest, by signature under | ||||||
15 | penalty of perjury as described in subsection (e) of this | ||||||
16 | Section, to meeting the qualifications to register to vote | ||||||
17 | in Illinois at his or her residence address as indicated | ||||||
18 | on his or her driver's license or identification card | ||||||
19 | dual-purpose application. | ||||||
20 | (b-5) If , as part of an application, an application for | ||||||
21 | renewal, a change of address form, or a recertification form | ||||||
22 | for a driver's license, other than a temporary visitor's | ||||||
23 | driver's license, or a State identification card issued by the | ||||||
24 | Office of the Secretary of State , an applicant presents an | ||||||
25 | identification document that neither demonstrates United | ||||||
26 | States citizenship nor demonstrates lack of United States |
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1 | citizenship, does not meet the requirements of the federal | ||||||
2 | REAL ID Act of 2005, then that application shall serve as a | ||||||
3 | dual-purpose application. The dual-purpose application shall: | ||||||
4 | (1) also serve as an application to register to vote | ||||||
5 | in Illinois; | ||||||
6 | (2) allow an applicant to change his or her registered | ||||||
7 | residence address or name as it appears on the voter | ||||||
8 | registration rolls; and | ||||||
9 | (3) if the applicant chooses to register to vote or to | ||||||
10 | change his or her registered residence address or name, | ||||||
11 | then require the applicant to attest, by a separate | ||||||
12 | signature under penalty of perjury, to meeting the | ||||||
13 | qualifications to register to vote in Illinois at his or | ||||||
14 | her residence address as indicated on his or her | ||||||
15 | dual-purpose application. | ||||||
16 | (b-10) (Blank). The Office of the Secretary of State shall | ||||||
17 | clearly and conspicuously inform each applicant in writing: | ||||||
18 | (i) of the qualifications to register to vote in Illinois, | ||||||
19 | (ii) of the penalties provided by law for submission of a false | ||||||
20 | voter registration application, (iii) that, unless the | ||||||
21 | applicant declines to register to vote or update his or her | ||||||
22 | voter registration, his or her dual-purpose application shall | ||||||
23 | also serve as both an application to register to vote and his | ||||||
24 | or her attestation that he or she meets the eligibility | ||||||
25 | requirements for voter registration, and that his or her | ||||||
26 | application to register to vote or update his or her |
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1 | registration will be transmitted to the State Board of | ||||||
2 | Elections for the purpose of registering the person to vote at | ||||||
3 | the residence address to be indicated on his or her driver's | ||||||
4 | license or identification card, and (iv) that declining to | ||||||
5 | register to vote is confidential and will not affect any | ||||||
6 | services the person may be seeking from the Office of the | ||||||
7 | Secretary of State. | ||||||
8 | (c) The Office of the Secretary of State shall review | ||||||
9 | information provided to the Office of the Secretary of State | ||||||
10 | by the State Board of Elections to inform each applicant under | ||||||
11 | subsection (b-5) for a driver's license or permit, other than | ||||||
12 | a temporary visitor's driver's license, or a State | ||||||
13 | identification card issued by the Office of the Secretary of | ||||||
14 | State whether the applicant is currently registered to vote in | ||||||
15 | Illinois and, if registered, at what address. | ||||||
16 | (d) The Office of the Secretary of State shall not require | ||||||
17 | an applicant for a driver's license or State identification | ||||||
18 | card to provide duplicate identification or information in | ||||||
19 | order to complete an application to register to vote or change | ||||||
20 | his or her registered residence address or name. Before | ||||||
21 | transmitting any personal information about an applicant to | ||||||
22 | the State Board of Elections, the Office of the Secretary of | ||||||
23 | State shall review its records of the identification documents | ||||||
24 | the applicant provided in order to complete the application | ||||||
25 | for a driver's license or State identification card, to | ||||||
26 | confirm that nothing in those documents indicates that the |
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1 | applicant does not satisfy the qualifications to register to | ||||||
2 | vote in Illinois at his or her residence address. If an | ||||||
3 | applicant provides the Secretary of State with an | ||||||
4 | identification document demonstrating a lack of United States | ||||||
5 | citizenship, the application shall not serve as a dual-purpose | ||||||
6 | application under this Section. | ||||||
7 | (e) A completed, signed application for (i) a driver's | ||||||
8 | license or permit, other than a temporary visitor's driver's | ||||||
9 | license, or a State identification card issued by the Office | ||||||
10 | of the Secretary of State as part of which an applicant | ||||||
11 | presents an identification document that demonstrates that the | ||||||
12 | applicant is a United States citizen and is of age to register | ||||||
13 | to vote , that meets the requirements of the federal REAL ID Act | ||||||
14 | of 2005; or (ii) a completed application under subsection | ||||||
15 | (b-5) of this Section with a separate signature attesting the | ||||||
16 | applicant meets the qualifications to register to vote in | ||||||
17 | Illinois at his or her residence address as indicated on his or | ||||||
18 | her application shall constitute a signed application to | ||||||
19 | register to vote in Illinois at the residence address | ||||||
20 | indicated in the application unless the person affirmatively | ||||||
21 | declined in the application to register to vote or to change | ||||||
22 | his or her registered residence address or name . If the | ||||||
23 | identification documents provided to complete the dual-purpose | ||||||
24 | application indicate that he or she does not satisfy the | ||||||
25 | qualifications to register to vote in Illinois at his or her | ||||||
26 | residence address, the application shall be marked as |
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1 | incomplete. | ||||||
2 | (f) For each completed and signed application that | ||||||
3 | constitutes an application to register to vote in Illinois or | ||||||
4 | provides for a change in the applicant's registered residence | ||||||
5 | address or name, the Office of the Secretary of State shall | ||||||
6 | electronically transmit to the State Board of Elections | ||||||
7 | personal information needed to complete the person's | ||||||
8 | registration to vote in Illinois at his or her residence | ||||||
9 | address , including the applicant's choice of language other | ||||||
10 | than English during the licensing transaction . The application | ||||||
11 | to register to vote shall be processed in accordance with | ||||||
12 | Section 1A-16.7. | ||||||
13 | (g) (Blank). If the federal REAL ID Act of 2005 is | ||||||
14 | repealed, abrogated, superseded, or otherwise no longer in | ||||||
15 | effect, then the State Board of Elections shall establish | ||||||
16 | criteria for determining reliable personal information | ||||||
17 | indicating citizenship status and shall adopt rules as | ||||||
18 | necessary for the Secretary of State to continue processing | ||||||
19 | dual-purpose applications under this Section. | ||||||
20 | (h) As used in this Section, "dual-purpose application" | ||||||
21 | means an application, an application for renewal, a change of | ||||||
22 | address form, or a recertification form for driver's license | ||||||
23 | or permit, other than a temporary visitor's driver's license, | ||||||
24 | or a State identification card offered by the Secretary of | ||||||
25 | State that also serves as an application to register to vote in | ||||||
26 | Illinois. "Dual-purpose application" does not mean an |
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1 | application under subsection (c) of Section 6-109 of the | ||||||
2 | Illinois Vehicle Code.
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3 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
4 | (10 ILCS 5/1A-16.2) | ||||||
5 | Sec. 1A-16.2. Automatic voter registration; designated | ||||||
6 | automatic voter registration agencies. | ||||||
7 | (a) Each designated automatic voter registration agency | ||||||
8 | shall, pursuant to an interagency contract and jointly-adopted | ||||||
9 | rules with the State Board of Elections, agree to participate | ||||||
10 | in an automatic voter registration program established by the | ||||||
11 | State Board of Elections that satisfies the requirements of | ||||||
12 | this Section and other applicable law. If the designated | ||||||
13 | automatic voter registration agency provides applications, | ||||||
14 | applications for renewal, change of address forms, filing, or | ||||||
15 | recertification forms to individuals for services offered by | ||||||
16 | another agency, then the State Board of Elections and the | ||||||
17 | designated automatic voter agency shall consult with the other | ||||||
18 | agency. The State Board of Elections shall consider the | ||||||
19 | current technological capabilities of the designated voter | ||||||
20 | registration agency when drafting interagency contracts and | ||||||
21 | jointly-adopted rules. The State Board of Elections and the | ||||||
22 | designated automatic voter registration agency shall amend | ||||||
23 | these contracts and rules as the technological capabilities of | ||||||
24 | the designated voter registration agencies improve. | ||||||
25 | (b) As provided in subsection (a) of this Section, each |
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1 | designated automatic voter registration agency that collects | ||||||
2 | or cross-references reliable personal information indicating | ||||||
3 | citizenship status may provide that an application for a | ||||||
4 | license, permit, program, or service shall serve as a | ||||||
5 | dual-purpose application. The dual-purpose application shall: | ||||||
6 | (1) also serve as an application to register to vote | ||||||
7 | in Illinois; and | ||||||
8 | (2) allow an applicant to change the applicant's his | ||||||
9 | or her registered residence address or name as it appears | ||||||
10 | on the voter registration rolls . ; | ||||||
11 | (3) provide the applicant with an opportunity to | ||||||
12 | affirmatively decline to register to vote or change his or | ||||||
13 | her registered residence address or name by providing a | ||||||
14 | check box on the application form without requiring the | ||||||
15 | applicant to state the reason; and | ||||||
16 | (4) unless the applicant declines to register to vote | ||||||
17 | or to change his or her registered residence address or | ||||||
18 | name, require the applicant to attest, by signature under | ||||||
19 | penalty of perjury, to meeting the qualifications to | ||||||
20 | register to vote in Illinois at his or her residence | ||||||
21 | address as indicated on his or her dual-purpose | ||||||
22 | application. | ||||||
23 | (c) As provided in subsection (a) of this Section, each | ||||||
24 | designated automatic voter registration agency that does not | ||||||
25 | collect or cross-reference records containing reliable | ||||||
26 | personal information indicating citizenship status may provide |
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1 | that an application, an application for renewal, a change of | ||||||
2 | address form, or a recertification form for a license, permit, | ||||||
3 | program, or service shall serve as a dual-purpose application. | ||||||
4 | The dual-purpose application shall: | ||||||
5 | (1) also serve as an application to register to vote | ||||||
6 | in Illinois; | ||||||
7 | (2) allow an applicant to change his or her registered | ||||||
8 | residence address or name as it appears on the voter | ||||||
9 | registration rolls; and | ||||||
10 | (3) if the applicant chooses to register to vote or to | ||||||
11 | change his or her registered residence address or name, | ||||||
12 | then require the applicant to attest, by a separate | ||||||
13 | signature under penalty of perjury, to meeting the | ||||||
14 | qualifications to register to vote in Illinois at his or | ||||||
15 | her residence address as indicated on his or her | ||||||
16 | dual-purpose application. | ||||||
17 | (c-5) (Blank). The designated automatic voter registration | ||||||
18 | agency shall clearly and conspicuously inform each applicant | ||||||
19 | in writing: (i) of the qualifications to register to vote in | ||||||
20 | Illinois, (ii) of the penalties provided by law for submission | ||||||
21 | of a false voter registration application, (iii) that, unless | ||||||
22 | the applicant declines to register to vote or update his or her | ||||||
23 | voter registration, his or her application shall also serve as | ||||||
24 | both an application to register to vote and his or her | ||||||
25 | attestation that he or she meets the eligibility requirements | ||||||
26 | for voter registration, and that his or her application to |
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1 | register to vote or update his or her registration will be | ||||||
2 | transmitted to the State Board of Elections for the purpose of | ||||||
3 | registering the person to vote at the residence address to be | ||||||
4 | indicated on the dual-purpose application, (iv) that | ||||||
5 | information identifying the agency at which he or she applied | ||||||
6 | to register to vote is confidential, (v) that declining to | ||||||
7 | register to vote is confidential and will not affect any | ||||||
8 | services the person may be seeking from the agency, and (vi) | ||||||
9 | any additional information needed in order to comply with | ||||||
10 | Section 7 of the federal National Voter Registration Act of | ||||||
11 | 1993. | ||||||
12 | (d) The designated automatic voter registration agency | ||||||
13 | shall review information provided to the agency by the State | ||||||
14 | Board of Elections to inform each applicant covered by | ||||||
15 | subsection (c) whether the applicant is currently registered | ||||||
16 | to vote in Illinois and, if registered, at what address. | ||||||
17 | (e) The designated automatic voter registration agency | ||||||
18 | shall not require an applicant for a dual-purpose application | ||||||
19 | to provide duplicate identification or information in order to | ||||||
20 | complete an application to register to vote or change his or | ||||||
21 | her registered residence address or name. Before transmitting | ||||||
22 | any personal information about an applicant to the State Board | ||||||
23 | of Elections, the agency shall review its records of the | ||||||
24 | identification documents the applicant provided or that the | ||||||
25 | agency cross-references in order to complete the dual-purpose | ||||||
26 | application, to confirm that nothing in those documents |
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1 | indicates that the applicant does not satisfy the | ||||||
2 | qualifications to register to vote in Illinois at his or her | ||||||
3 | residence address. A completed and signed dual-purpose | ||||||
4 | application, including a completed application under | ||||||
5 | subsection (c) of this Section with a separate signature | ||||||
6 | attesting that the applicant meets the qualifications to | ||||||
7 | register to vote in Illinois at his or her residence address as | ||||||
8 | indicated on his or her application, shall constitute an | ||||||
9 | application to register to vote in Illinois at the residence | ||||||
10 | address indicated in the application unless the person | ||||||
11 | affirmatively declined in the application to register to vote | ||||||
12 | or to change his or her registered residence address or name . | ||||||
13 | If the identification documents provided to complete the | ||||||
14 | dual-purpose application, or that the agency cross-references, | ||||||
15 | indicate that he or she does not satisfy the qualifications to | ||||||
16 | register to vote in Illinois at his or her residence address, | ||||||
17 | the application shall be marked as incomplete. | ||||||
18 | (f) For each completed and signed dual-purpose application | ||||||
19 | that constitutes an application to register to vote in | ||||||
20 | Illinois or provides for a change in the applicant's | ||||||
21 | registered residence address or name, the designated automatic | ||||||
22 | voter registration agency shall electronically transmit to the | ||||||
23 | State Board of Elections personal information needed to | ||||||
24 | complete the person's registration to vote in Illinois at his | ||||||
25 | or her residence address. The application to register to vote | ||||||
26 | shall be processed in accordance with Section 1A-16.7. |
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1 | (f-5) An agency that does not collect or cross-references | ||||||
2 | reliable personal information indicating citizenship status | ||||||
3 | may enter into an agreement with the State Board of Elections | ||||||
4 | to transmit information that shall serve only to update an | ||||||
5 | applicant's existing voter registration record. The agency | ||||||
6 | shall transmit information on all clients who may be | ||||||
7 | registered to vote with a clear indication that the | ||||||
8 | information shall be used only for updates. The State Board of | ||||||
9 | Elections shall determine which applicants are already | ||||||
10 | registered to vote and update a registered voter's records in | ||||||
11 | accordance with the procedures in Section 1A-16.7 but shall | ||||||
12 | take no action for any applicant not already registered to | ||||||
13 | vote. | ||||||
14 | (g) As used in this Section: | ||||||
15 | "Designated automatic voter registration agency" or | ||||||
16 | "agency" means the divisions of Family and Community | ||||||
17 | Services and Rehabilitation Services of the Department of | ||||||
18 | Human Services, the Department of Employment Security, the | ||||||
19 | Department of Financial and Professional Regulation, the | ||||||
20 | Department of Natural Resources, or an agency of the | ||||||
21 | State , local, tribal, or federal government that has been | ||||||
22 | determined by the State Board of Elections to have access | ||||||
23 | to reliable personal information and has entered into an | ||||||
24 | interagency contract with the State Board of Elections to | ||||||
25 | participate in the automatic voter registration program | ||||||
26 | under this Section. If an agency under this Section |
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1 | collects or cross-references reliable personal information | ||||||
2 | indicating citizenship status for more than one person | ||||||
3 | listed on an application for a license, permit, program, | ||||||
4 | or service, each person for whom the agency collects or | ||||||
5 | cross-references reliable personal information indicating | ||||||
6 | citizenship status shall be considered an applicant under | ||||||
7 | this Section and the application shall serve as a | ||||||
8 | dual-purpose application for each such person. | ||||||
9 | "Dual-purpose application" means an application, an | ||||||
10 | application for renewal, a change of address form, or a | ||||||
11 | recertification form for a license, permit, program, or | ||||||
12 | service offered by a designated automatic voter | ||||||
13 | registration agency that also serves as an application to | ||||||
14 | register to vote in Illinois. | ||||||
15 | "Reliable personal information" means information | ||||||
16 | about individuals obtained from government sources that | ||||||
17 | may be used to verify whether an individual is eligible to | ||||||
18 | register to vote. | ||||||
19 | (h) This Section shall be implemented no later than July | ||||||
20 | 1, 2019. | ||||||
21 | (i) The Department of Healthcare and Family Services shall | ||||||
22 | implement, as permitted by applicable federal law, an | ||||||
23 | automatic voter registration system under this Section for | ||||||
24 | applicants for Illinois Medicaid no later than July 1, 2022.
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25 | (Source: P.A. 100-464, eff. 8-28-17.) |
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1 | (10 ILCS 5/1A-16.7) | ||||||
2 | Sec. 1A-16.7. Automatic voter registration. | ||||||
3 | (a) The State Board of Elections shall establish and | ||||||
4 | maintain a portal for automatic government agency voter | ||||||
5 | registration that permits an eligible person to electronically | ||||||
6 | apply to register to vote or to update his or her existing | ||||||
7 | voter registration as provided in Section 1A-16.1 or Section | ||||||
8 | 1A-16.2. The portal shall interface with the online voter | ||||||
9 | registration system established in Section 1A-16.5 of this | ||||||
10 | Code and shall be capable of receiving and processing voter | ||||||
11 | registration application information, including electronic | ||||||
12 | signatures, from the Office of the Secretary of State and each | ||||||
13 | designated automatic voter registration agency, as defined in | ||||||
14 | Section 1A-16.2. The State Board of Elections may | ||||||
15 | cross-reference voter registration information from any | ||||||
16 | designated automatic voter registration agency, as defined | ||||||
17 | under Section 1A-16.2 of this Code, with information contained | ||||||
18 | in the database of the Secretary of State as provided under | ||||||
19 | subsection (c) of Section 1A-16.5 of this Code. The State | ||||||
20 | Board of Elections shall modify the online voter registration | ||||||
21 | system as necessary to implement this Section. | ||||||
22 | (b) Voter registration data received from the Office of | ||||||
23 | the Secretary of State or a designated automatic voter | ||||||
24 | registration agency through the online registration | ||||||
25 | application system shall be processed as provided in Section | ||||||
26 | 1A-16.5 of this Code. |
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1 | (c) The State Board of Elections shall establish technical | ||||||
2 | specifications applicable to each automatic government | ||||||
3 | registration program, including data format and transmission | ||||||
4 | specifications. The Office of the Secretary of State and each | ||||||
5 | designated automatic voter registration agency shall maintain | ||||||
6 | a data transfer mechanism capable of transmitting voter | ||||||
7 | registration application information, including electronic | ||||||
8 | signatures where available, to the online voter registration | ||||||
9 | system established in Section 1A-16.5 of this Code. | ||||||
10 | (d) The State Board of Elections shall, by rule, establish | ||||||
11 | criteria and procedures for determining whether an agency of | ||||||
12 | the State or federal government seeking to become a designated | ||||||
13 | automatic voter registration agency has access to reliable | ||||||
14 | personal information, as defined under this subsection (d) and | ||||||
15 | subsection (f) of Section 1A-16.2 of this Code, and otherwise | ||||||
16 | meets the requirements to enter into an interagency contract | ||||||
17 | and to operate as a designated automatic voter registration | ||||||
18 | agency. The State Board of Elections shall approve each | ||||||
19 | interagency contract upon affirmative vote of a majority of | ||||||
20 | its members. | ||||||
21 | As used in this subsection (d), "reliable personal | ||||||
22 | information" means information about individuals obtained from | ||||||
23 | government sources that may be used to verify whether an | ||||||
24 | individual is eligible to register to vote. | ||||||
25 | (e) Whenever an applicant's data is transferred from the | ||||||
26 | Office of the Secretary of State or a designated automatic |
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1 | voter registration agency, the agency must transmit a | ||||||
2 | signature image if available. If no signature image was | ||||||
3 | provided by the agency, and or if no signature image is | ||||||
4 | available in the Office of the Secretary of State's database , | ||||||
5 | or the statewide voter registration database, or other | ||||||
6 | database available to the State Board of Elections, the | ||||||
7 | applicant must be notified that his or her registration will | ||||||
8 | remain in a pending status until the applicant: , and the | ||||||
9 | applicant will be required to | ||||||
10 | (i) provides provide identification that | ||||||
11 | complies with the federal Help America Vote Act of | ||||||
12 | 2002 and a signature to the election authority on | ||||||
13 | election day in the polling place or during early | ||||||
14 | voting ; . | ||||||
15 | (ii) provides identification that complies | ||||||
16 | with the federal Help America Vote Act of 2002 and | ||||||
17 | a signature with a mail ballot, or provides a | ||||||
18 | signature according to the procedures in | ||||||
19 | subsection (g-5) of Section 19-8; or | ||||||
20 | (iii) provides a signature in response to the | ||||||
21 | notice described in subsection (g) or by other | ||||||
22 | paper or electronic means determined by the State | ||||||
23 | Board of Elections. | ||||||
24 | (f) Upon receipt of personal information collected and | ||||||
25 | transferred by the Office of the Secretary of State or a | ||||||
26 | designated automatic voter registration agency, the State |
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1 | Board of Elections shall check the information against the | ||||||
2 | statewide voter registration database. The State Board of | ||||||
3 | Elections shall create and electronically transmit to the | ||||||
4 | appropriate election authority a voter registration | ||||||
5 | application for any individual who is not registered to vote | ||||||
6 | in Illinois and is not disqualified as provided in this | ||||||
7 | Section or whose information reliably indicates a more recent | ||||||
8 | update to the name or address of a person already included in | ||||||
9 | the statewide voter database. The election authority shall | ||||||
10 | process the application accordingly. | ||||||
11 | (g) The appropriate election authority shall ensure that | ||||||
12 | any applicant who is registered to vote or whose existing | ||||||
13 | voter registration is updated under this Section is promptly | ||||||
14 | sent written notice of the change. The notice required by this | ||||||
15 | subsection (g) may be sent or combined with other notices | ||||||
16 | required or permitted by law, including, but not limited to, | ||||||
17 | any notices sent pursuant to Section 1A-16.5 of this Code. Any | ||||||
18 | notice required by this subsection (g) shall contain, at a | ||||||
19 | minimum: (i) the applicant's name and residential address as | ||||||
20 | reflected on the voter registration list; (ii) a statement | ||||||
21 | notifying the applicant to contact the appropriate election | ||||||
22 | authority if his or her voter registration has been updated in | ||||||
23 | error; (ii) (iii) the qualifications to register to vote in | ||||||
24 | Illinois; (iv) a statement notifying the applicant that he or | ||||||
25 | she may opt out of voter registration or request a change to | ||||||
26 | his or her registration information at any time by contacting |
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1 | an election official; and (iii) (v) contact information for | ||||||
2 | the appropriate election authority, including a phone number, | ||||||
3 | address, electronic mail address, and website address. For an | ||||||
4 | applicant newly registered pursuant to subsection (b) of | ||||||
5 | Section 1A-16.1 or subsection (b) Section 1A-16.2, the notice | ||||||
6 | shall contain: (i) a notice that the individual is registered | ||||||
7 | to vote unless the individual declines to be registered and | ||||||
8 | that if the person wishes to decline to be registered, he or | ||||||
9 | she may return a postage-prepaid notice of declination; (ii) | ||||||
10 | the notices required by Section 5(c)(2) of the National Voter | ||||||
11 | Registration Act of 1993; and (iii) a postage-prepaid | ||||||
12 | opportunity to affiliate with a political party, provide a | ||||||
13 | signature pursuant to subsection (e), and select a language | ||||||
14 | for election materials if applicable to the jurisdiction. For | ||||||
15 | an existing registrant whose information has been updated, the | ||||||
16 | notice shall include a postage-prepaid opportunity to indicate | ||||||
17 | his or her voter registration has been updated in error. | ||||||
18 | (g-5) If an applicant newly registered pursuant to | ||||||
19 | subsection (b) of Section 1A-16.1 or subsection (b) of Section | ||||||
20 | 1A-16.2 returns the notice described in subsection (g) | ||||||
21 | declining to be registered, the applicant's information shall | ||||||
22 | be removed from the statewide voter registration database and | ||||||
23 | if such declination form is received back to the election | ||||||
24 | authority within 21 days after mailing the notice, the | ||||||
25 | applicant shall be deemed never to have been registered. | ||||||
26 | (h) The appropriate election authority shall ensure that |
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1 | any applicant whose voter registration application is not | ||||||
2 | accepted or deemed incomplete is promptly sent written notice | ||||||
3 | of the application's status. The notice required by this | ||||||
4 | subsection may be sent or combined with other notices required | ||||||
5 | or permitted by law, including, but not limited to, any | ||||||
6 | notices sent pursuant to Section 1A-16.5 of this Code. Any | ||||||
7 | notice required by this subsection (h) shall contain, at a | ||||||
8 | minimum, the reason the application was not accepted or deemed | ||||||
9 | incomplete and contact information for the appropriate | ||||||
10 | election authority, including a phone number, address, | ||||||
11 | electronic mail address, and website address. | ||||||
12 | (i) If the Office of the Secretary of State or a designated | ||||||
13 | automatic voter registration agency transfers information, or | ||||||
14 | if the State Board of Elections creates and transmits a voter | ||||||
15 | registration application, for a person who does not qualify as | ||||||
16 | an eligible voter, then it shall not constitute a completed | ||||||
17 | voter registration form, and the person shall not be | ||||||
18 | considered to have registered to vote. | ||||||
19 | (j) If the registration is processed by any election | ||||||
20 | authority, then it shall be presumed to have been effected and | ||||||
21 | officially authorized by the State, and that person shall not | ||||||
22 | be found on that basis to have made a false claim to | ||||||
23 | citizenship or to have committed an act of moral turpitude, | ||||||
24 | nor shall that person be subject to penalty under any relevant | ||||||
25 | laws, including, but not limited to, Sections 29-10 and 29-19 | ||||||
26 | of this Code. This subsection (j) does not apply to a person |
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| |||||||
1 | who knows that he or she is not entitled to register to vote | ||||||
2 | and who willfully votes, registers to vote, or attests under | ||||||
3 | penalty of perjury that he or she is eligible to register to | ||||||
4 | vote or willfully attempts to vote or to register to vote. | ||||||
5 | (k) The State Board of Elections, the Office of the | ||||||
6 | Secretary of State, and each designated automatic voter | ||||||
7 | registration agency shall implement policies and procedures to | ||||||
8 | protect the privacy and security of voter information as it is | ||||||
9 | acquired, stored, and transmitted among agencies, including | ||||||
10 | policies for the retention and preservation of voter | ||||||
11 | information. Information designated as confidential under this | ||||||
12 | Section may be recorded and shared among the State Board of | ||||||
13 | Elections, election authorities, the Office of the Secretary | ||||||
14 | of State, and designated automatic voter registration | ||||||
15 | agencies, but shall be used only for voter registration | ||||||
16 | purposes, shall not be disclosed to the public except in the | ||||||
17 | aggregate as required by subsection (m) of this Section, and | ||||||
18 | shall not be subject to the Freedom of Information Act. The | ||||||
19 | following information shall be designated as confidential: | ||||||
20 | (1) any portion of an applicant's Social Security | ||||||
21 | number; | ||||||
22 | (2) any portion of an applicant's driver's license | ||||||
23 | number or State identification number; | ||||||
24 | (3) an applicant's decision to decline voter | ||||||
25 | registration; | ||||||
26 | (4) the identity of the person providing information |
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| |||||||
1 | relating to a specific applicant; and | ||||||
2 | (5) the personal residence and contact information of | ||||||
3 | any applicant for whom notice has been given by an | ||||||
4 | appropriate legal authority ; and . | ||||||
5 | (6) the personal residence and contact information | ||||||
6 | relating to an applicant who returns a notice under | ||||||
7 | subsection (g) declining to register to vote and received | ||||||
8 | back to the election authority within 21 days after | ||||||
9 | mailing such a notice or for whom such a 21-day period has | ||||||
10 | not passed. | ||||||
11 | This subsection (k) shall not apply to information the | ||||||
12 | State Board of Elections is required to share with the | ||||||
13 | Electronic Registration Information Center. | ||||||
14 | (l) The voter registration procedures implemented under | ||||||
15 | this Section shall comport with the federal National Voter | ||||||
16 | Registration Act of 1993, as amended, and shall specifically | ||||||
17 | require that the State Board of Elections track registration | ||||||
18 | data received through the online registration system that | ||||||
19 | originated from a designated automatic voter registration | ||||||
20 | agency for the purposes of maintaining statistics. | ||||||
21 | Nothing in this Code shall require designated voter | ||||||
22 | registration agencies to transmit information that is | ||||||
23 | confidential client information under State or federal law | ||||||
24 | without the consent of the applicant. | ||||||
25 | (m) The State Board of Elections, each election authority | ||||||
26 | that maintains a website, the Office of the Secretary of |
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| |||||||
1 | State, and each designated automatic voter registration agency | ||||||
2 | that maintains a website shall provide information on their | ||||||
3 | websites informing the public about the new registration | ||||||
4 | procedures described in this Section. The Office of the | ||||||
5 | Secretary of State and each designated automatic voter | ||||||
6 | registration agency shall display signage or provide | ||||||
7 | literature for the public containing information about the new | ||||||
8 | registration procedures described in this Section. | ||||||
9 | (n) No later than 6 months after the effective date of this | ||||||
10 | amendatory Act of the 100th General Assembly, the State Board | ||||||
11 | of Elections shall hold at least one public hearing on | ||||||
12 | implementing this amendatory Act of the 100th General Assembly | ||||||
13 | at which the public may provide input. | ||||||
14 | (o) The State Board of Elections shall submit an annual | ||||||
15 | public report to the General Assembly and the Governor | ||||||
16 | detailing the progress made to implement this Section. The | ||||||
17 | report shall include all of the following: the number of | ||||||
18 | records transferred under this Section by agency, the number | ||||||
19 | of voters newly added to the statewide voter registration list | ||||||
20 | because of records transferred under this Section by agency, | ||||||
21 | the number of updated registrations under this Section by | ||||||
22 | agency, the number of persons who opted out of voter | ||||||
23 | registration, and the number of voters who submitted voter | ||||||
24 | registration forms using the online procedure described in | ||||||
25 | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports | ||||||
26 | may include less detail if election authorities are not |
| |||||||
| |||||||
1 | equipped to provide complete information to the State Board of | ||||||
2 | Elections. Any report produced under this subsection (o) shall | ||||||
3 | exclude any information that identifies any individual | ||||||
4 | personally. | ||||||
5 | (p) The State Board of Elections, in consultation with | ||||||
6 | election authorities, the Office of the Secretary of State, | ||||||
7 | designated automatic voter registration agencies, and | ||||||
8 | community organizations, shall adopt rules as necessary to | ||||||
9 | implement the provisions of this Section.
| ||||||
10 | (Source: P.A. 100-464, eff. 8-28-17.)
| ||||||
11 | Section 10. The Illinois Vehicle Code is amended by | ||||||
12 | changing Section 2-105 as follows:
| ||||||
13 | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
| ||||||
14 | Sec. 2-105. Offices of Secretary of State. | ||||||
15 | (a) The Secretary of State shall maintain offices in the | ||||||
16 | State capital and
in such other places in the State as he may | ||||||
17 | deem necessary to properly
carry out the powers and duties | ||||||
18 | vested in him.
| ||||||
19 | (b) The Secretary of State may construct and equip one or | ||||||
20 | more buildings in
the State of Illinois outside of the County | ||||||
21 | of Sangamon as he deems
necessary to properly carry out the | ||||||
22 | powers and duties vested in him. The
Secretary of State may, on | ||||||
23 | behalf of the State of Illinois, acquire public
or private | ||||||
24 | property needed therefor by lease, purchase or eminent domain.
|
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| |||||||
1 | The care, custody and control of such sites and buildings | ||||||
2 | constructed
thereon shall be vested in the Secretary of State. | ||||||
3 | Expenditures for the
construction and equipping of any of such | ||||||
4 | buildings upon premises owned by
another public entity shall | ||||||
5 | not be subject to the provisions of any State
law requiring | ||||||
6 | that the State be vested with absolute fee title to the
| ||||||
7 | premises. The exercise of the authority vested in the | ||||||
8 | Secretary of State by
this Section is subject to the | ||||||
9 | appropriation of the necessary funds.
| ||||||
10 | (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of | ||||||
11 | the Election Code,
the Secretary of State shall make driver | ||||||
12 | services facilities available for use as places of accepting | ||||||
13 | applications for voter registration.
| ||||||
14 | (d) (Blank).
| ||||||
15 | (e) Each person applying at a driver services facility for | ||||||
16 | a driver's
license or permit, a corrected driver's license or | ||||||
17 | permit, an Illinois
identification card or a corrected | ||||||
18 | Illinois identification card
shall be notified, under the | ||||||
19 | procedures set forth in Sections 1A-16.1 and 1A-16.7 of the | ||||||
20 | Election Code, that unless he or she affirmatively declines, | ||||||
21 | his or her personal information shall be transferred to the | ||||||
22 | State Board of Elections for the purpose of creating an | ||||||
23 | electronic voter registration application. Such notification | ||||||
24 | may be made in
writing or verbally issued by an employee or the | ||||||
25 | Secretary of State.
| ||||||
26 | The Secretary of State shall promulgate such rules as may |
| |||||||
| |||||||
1 | be necessary
for the efficient execution of his duties and the | ||||||
2 | duties of his employees
under this Section.
| ||||||
3 | (f) Any person applying at a driver services facility for | ||||||
4 | issuance or renewal of a driver's license or Illinois | ||||||
5 | Identification Card shall be provided, without charge, with a | ||||||
6 | brochure warning the person of the dangers of financial | ||||||
7 | identity theft. The Department of Financial and Professional | ||||||
8 | Regulation shall prepare these brochures and provide them to | ||||||
9 | the Secretary of State for distribution. The brochures shall | ||||||
10 | (i) identify signs warning the reader that he or she might be | ||||||
11 | an intended victim of the crime of financial identity theft, | ||||||
12 | (ii) instruct the reader in how to proceed if the reader | ||||||
13 | believes that he or she is the victim of the crime of identity | ||||||
14 | theft, and (iii) provide the reader with names and telephone | ||||||
15 | numbers of law enforcement and other governmental agencies | ||||||
16 | that provide assistance to victims of financial identity | ||||||
17 | theft. | ||||||
18 | (g) The changes made by this amendatory Act of the 100th | ||||||
19 | General Assembly shall be implemented no later than July 1, | ||||||
20 | 2018. | ||||||
21 | (Source: P.A. 100-464, eff. 8-28-17.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|