Illinois General Assembly - Full Text of SB2076
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Full Text of SB2076  102nd General Assembly

SB2076 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2076

 

Introduced 2/26/2021, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-16.5
10 ILCS 5/3-6

    Amends the Election Code. Allows the State Board of Elections to receive voter registration information provided by applicants using electronic voter registration portals (rather than the Board's website). Provides that notwithstanding any other provision of law, a person who is otherwise qualified to vote may preregister to vote on or after that person's 16th birthday, with the registration held in abeyance by the appropriate election authority until that individual attains the required age to vote. Requires preregistration to be completed using the online voter registration system or an electronic voter registration portal. Provides that for the purposes of the Code, an individual who is 16 years of age or older (rather than who is 17 years of age and who will be 18 years of age on the date of the general or consolidated election) shall be deemed competent to execute and attest to any voter registration forms.


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A BILL FOR

 

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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 Election Code is amended by changing
5Sections 1A-16.5 and 3-6 as follows:
 
6    (10 ILCS 5/1A-16.5)
7    Sec. 1A-16.5. Online voter registration.
8    (a) The State Board of Elections shall establish and
9maintain a system for online voter registration that permits a
10person to apply to register to vote or to update his or her
11existing voter registration. In accordance with technical
12specifications provided by the State Board of Elections, each
13election authority shall maintain a voter registration system
14capable of receiving and processing voter registration
15application information, including electronic signatures, from
16the online voter registration system established by the State
17Board of Elections.
18    (b) The online voter registration system shall employ
19security measures to ensure the accuracy and integrity of
20voter registration applications submitted electronically
21pursuant to this Section.
22    (c) The Board may receive voter registration information
23provided by applicants using electronic voter registration

 

 

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1portals the State Board of Elections' website, may cross
2reference that information with data or information contained
3in the Secretary of State's database in order to match the
4information submitted by applicants, and may receive from the
5Secretary of State the applicant's digitized signature upon a
6successful match of that applicant's information with that
7contained in the Secretary of State's database.
8    (d) Notwithstanding any other provision of law, a person
9who is qualified to register to vote and who has an authentic
10Illinois driver's license or State identification card issued
11by the Secretary of State may submit an application to
12register to vote electronically on a website maintained by the
13State Board of Elections.
14    (e) An online voter registration application shall contain
15all of the information that is required for a paper
16application as provided in Section 1A-16 of this Code, except
17that the applicant shall be required to provide:
18        (1) the applicant's full Illinois driver's license or
19    State identification card number;
20        (2) the last 4 digits of the applicant's social
21    security number; and
22        (3) the date the Illinois driver's license or State
23    identification card was issued.
24    (f) For an applicant's registration or change in
25registration to be accepted, the applicant shall mark the box
26associated with the following statement included as part of

 

 

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1the online voter registration application:
2    "By clicking on the box below, I swear or affirm all of the
3following:
4    (1) I am the person whose name and identifying information
5is provided on this form, and I desire to register to vote in
6the State of Illinois.
7    (2) All the information I have provided on this form is
8true and correct as of the date I am submitting this form.
9    (3) I authorize the Secretary of State to transmit to the
10State Board of Elections my signature that is on file with the
11Secretary of State and understand that such signature will be
12used by my local election authority on this online voter
13registration application for admission as an elector as if I
14had signed this form personally.".
15    (g) Immediately upon receiving a completed online voter
16registration application, the online voter registration system
17shall send, by electronic mail, a confirmation notice that the
18application has been received. Within 48 hours of receiving
19such an application, the online voter registration system
20shall send by electronic mail, a notice informing the
21applicant of whether the following information has been
22matched with the Secretary of State database:
23        (1) that the applicant has an authentic Illinois
24    driver's license or State identification card issued by
25    the Secretary of State and that the driver's license or
26    State identification number provided by the applicant

 

 

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1    matches the driver's license or State identification card
2    number for that person on file with the Secretary of
3    State;
4        (2) that the date of issuance of the Illinois driver's
5    license or State identification card listed on the
6    application matches the date of issuance of that card for
7    that person on file with the Secretary of State;
8        (3) that the date of birth provided by the applicant
9    matches the date of birth for that person on file with the
10    Secretary of State; and
11        (4) that the last 4 digits of the applicant's social
12    security number matches the last 4 digits for that person
13    on file with the Secretary of State.
14    (h) If the information provided by the applicant matches
15the information on the Secretary of State's databases for any
16driver's license and State identification card holder and is
17matched as provided in subsection (g) above, the online voter
18registration system shall:
19        (1) retrieve from the Secretary of State's database
20    files an electronic copy of the applicant's signature from
21    his or her Illinois driver's license or State
22    identification card and such signature shall be deemed to
23    be the applicant's signature on his or her online voter
24    registration application;
25        (2) within 2 days of receiving the application,
26    forward to the county clerk or board of election

 

 

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1    commissioners having jurisdiction over the applicant's
2    voter registration: (i) the application, along with the
3    applicant's relevant data that can be directly loaded into
4    the jurisdiction's voter registration system and (ii) a
5    copy of the applicant's electronic signature and a
6    certification from the State Board of Elections that the
7    applicant's driver's license or State identification card
8    number, driver's license or State identification card date
9    of issuance, and date of birth and social security
10    information have been successfully matched.
11    (i) Upon receipt of the online voter registration
12application, the county clerk or board of election
13commissioners having jurisdiction over the applicant's voter
14registration shall promptly search its voter registration
15database to determine whether the applicant is already
16registered to vote at the address on the application and
17whether the new registration would create a duplicate
18registration. If the applicant is already registered to vote
19at the address on the application, the clerk or board, as the
20case may be, shall send the applicant by first class mail, and
21electronic mail if the applicant has provided an electronic
22mail address on the original voter registration form for that
23address, a disposition notice as otherwise required by law
24informing the applicant that he or she is already registered
25to vote at such address. If the applicant is not already
26registered to vote at the address on the application and the

 

 

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1applicant is otherwise eligible to register to vote, the clerk
2or board, as the case may be, shall:
3        (1) enter the name and address of the applicant on the
4    list of registered voters in the jurisdiction; and
5        (2) send by mail, and electronic mail if the applicant
6    has provided an electronic mail address on the voter
7    registration form, a disposition notice to the applicant
8    as otherwise provided by law setting forth the applicant's
9    name and address as it appears on the application and
10    stating that the person is registered to vote.
11    (j) An electronic signature of the person submitting a
12duplicate registration application or a change of address form
13that is retrieved and imported from the Secretary of State's
14driver's license or State identification card database as
15provided herein may, in the discretion of the clerk or board,
16be substituted for and replace any existing signature for that
17individual in the voter registration database of the county
18clerk or board of election commissioners.
19    (k) Any new registration or change of address submitted
20electronically as provided in this Section shall become
21effective as of the date it is received by the county clerk or
22board of election commissioners having jurisdiction over said
23registration. Disposition notices prescribed in this Section
24shall be sent within 5 business days of receipt of the online
25application or change of address by the county clerk or board
26of election commissioners.

 

 

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1    (l) All provisions of this Code governing voter
2registration and applicable thereto and not inconsistent with
3this Section shall apply to online voter registration under
4this Section. All applications submitted on a website
5maintained by the State Board of Elections shall be deemed
6timely filed if they are submitted no later than 11:59 p.m. on
7the 16th day prior to an election. After the registration
8period for an upcoming election has ended and until the 2nd day
9following such election, the web page containing the online
10voter registration form on the State Board of Elections
11website shall inform users of the procedure for grace period
12voting.
13    (m) The State Board of Elections shall maintain a list of
14the name, street address, e-mail address, and likely precinct,
15ward, township, and district numbers, as the case may be, of
16people who apply to vote online through the voter registration
17system and those names and that information shall be stored in
18an electronic format on its website, arranged by county and
19accessible to State and local political committees.
20    (n) The Illinois State Board of Elections shall develop or
21cause to be developed an online voter registration system able
22to be accessed by at least the top two most used mobile
23electronic operating systems by January 1, 2016.
24    (o) (Blank).
25    (p) Each State department that maintains an Internet
26website must include a hypertext link to the homepage website

 

 

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1maintained and operated pursuant to this Section 1A-16.5. For
2the purposes of this Section, "State department" means the
3departments of State Government listed in Section 5-15 of the
4Civil Administrative Code of Illinois (General Provisions and
5Departments of State Government).
6(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14;
798-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
8    (10 ILCS 5/3-6)
9    Sec. 3-6. Voting and registration age.
10    (a) Notwithstanding any other provision of law, a person
11who is otherwise qualified to vote may preregister to vote on
12or after that person's 16th birthday, with the registration
13held in abeyance by the appropriate election authority until
14that individual attains the required age to vote.
15Preregistration under this subsection (a) shall be completed
16using the online voter registration system, as provided in
17Section 16.7, or an electronic voter registration portal, as
18provided in Section 1A-16.5.
19    (b) Notwithstanding any other provision of law, a person
20who is 17 years old on the date of a caucus, general primary
21election, or consolidated primary election and who is
22otherwise qualified to vote is qualified to vote at that
23caucus, general primary, or consolidated primary, including
24voting a vote by mail, grace period, or early voting ballot
25with respect to that general primary or consolidated primary,

 

 

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1if that person will be 18 years old on the date of the
2immediately following general election or consolidated
3election for which candidates are nominated at that primary.
4    (c) Notwithstanding any other provision of law, an
5individual who is 17 years of age, will be 18 years of age on
6the date of the immediately following general or consolidated
7election, and is otherwise qualified to vote shall be deemed
8eligible to circulate a nominating petition or a petition
9proposing a public question.
10    (d) For the purposes of this Code, a person who is 16 years
11of age or older shall be deemed competent to execute and attest
12to any voter registration forms.
13    (e) References in this Code and elsewhere to the
14requirement that a person must be 18 years old to vote shall be
15interpreted in accordance with this Section.
16    For the purposes of this Code, an individual who is 17
17years of age and who will be 18 years of age on the date of the
18general or consolidated election shall be deemed competent to
19execute and attest to any voter registration forms. An
20individual who is 17 years of age, will be 18 years of age on
21the date of the immediately following general or consolidated
22election, and is otherwise qualified to vote shall be deemed
23eligible to circulate a nominating petition or a petition
24proposing a public question.
25(Source: P.A. 99-722, eff. 8-5-16; 100-201, eff. 8-18-17.)