Illinois General Assembly - Full Text of HB6050
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Full Text of HB6050  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/11/2016, by Rep. Jaime M. Andrade, Jr.


New Act
5 ILCS 140/7.5

    Creates the Illinois New Motor Voter Act. Provides that the Secretary of State shall establish the Illinois New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to vote. Requires the Secretary of State to provide specified information to the State Board of Elections. Establishes requirements for keeping records, disclosure of information, cancelling registration, confidentiality of voter registration information, and rulemaking. Amends the Freedom of Information Act. Exempts specified information from inspection and copying. Effective immediately.

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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 1. Short title. This Act may be cited as the
5Illinois New Motor Voter Act.
6    Section 5. Intent.
7    (a) Voter registration is one of the biggest barriers to
8participation in our democracy.
9    (b) In 1993, Congress enacted the federal National Voter
10Registration Act of 1993 (52 U.S.C. Sec. 20501 et. seq.),
11commonly known as the "Motor Voter Law", with findings
12recognizing that the right of citizens to vote is a fundamental
13right; it is the duty of the federal, state, and local
14governments to promote the exercise of the right to vote and
15the primary purpose of the act is to increase the number of
16eligible citizens who register to vote.
17    (c) It is the intent of the General Assembly to enact the
18Illinois New Motor Voter Program to provide Illinois citizens
19additional opportunities to participate in democracy through
20the exercise of their fundamental right to vote.
21    Section 10. Illinois New Motor Voter Program.
22    (a) The Secretary of State shall establish the Illinois New



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1Motor Voter Program for the purpose of increasing opportunities
2for voter registration by any person who is qualified to be a
3voter under Article 3, Section 1 of the Illinois Constitution.
4    (b) This Section shall not be construed as requiring the
5Secretary of State to determine eligibility for voter
6registration and voting. The State Board of Elections is solely
7responsible for determining eligibility for voter registration
8and voting.
9    Section 15. Implementation of the program.
10    (a) The Secretary of State, in consultation with the State
11Board of Elections, shall establish a schedule and method to
12electronically provide to the State Board of Elections the
13records specified in this Section.
14    (b) The Secretary of State shall provide to the State Board
15of Elections, in a manner and method consistent with Section
161A-16.5 of the Election Code, the following information
17associated with each person who submits an application for a
18driver's license or State identification card, renews a
19driver's license or State identification card, or who notifies
20the Secretary of State of a change of address:
21        (1) Name.
22        (2) Date of birth.
23        (3) Either or both of the following, as contained in
24    the Department's records:
25            (A) residence address; or



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1            (B) mailing address.
2        (4) Electronic signature, as defined in Section 3-100
3    of the Illinois Vehicle Code.
4        (5) Telephone number, if available.
5        (6) Email address, if available.
6        (7) Language preference.
7        (8) Political party preference.
8        (9) Whether the person chooses to become a permanent
9    "vote by mail" voter.
10        (10) Whether the person affirmatively declined to
11    become registered to vote during a transaction with the
12    Secretary of State.
13        (11) A notation that the applicant has attested that he
14    or she meets all voter eligibility requirements, including
15    United States citizenship, specified in paragraph (6) of
16    subsection (d) of Section 1A-16 of the Election Code.
17        (12) Other information specified in regulations
18    implementing this Act.
19    (c) The Secretary of State may provide the records
20described in subsection (b) of this Section to the State Board
21of Elections before the State Board of Elections certifies that
22all the conditions set forth in subdivision (g) of this Section
23have been satisfied. Records provided under this subsection (c)
24shall only be used for the purposes of outreach to and
25education of eligible voters under Section 1A-17 of the
26Election Code.



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1    (d) The State Board of Elections shall provide materials
2created for purposes of outreach and education as described in
3this paragraph in languages other than English, as required by
4the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
5    (e) The State Board of Elections shall not sell, transfer,
6or allow any third party access to the information acquired
7from the Secretary of State under this Act without the approval
8of the Secretary of State, except as permitted by this Act and
9Section 1A-25 of the Election Code.
10    (f) The Secretary of State shall not electronically provide
11records of a person who applies for or is issued a temporary
12visitor's driver's license because he or she is unable to
13submit satisfactory proof that his or her presence in the
14United States is authorized under federal law.
15    (g) The Secretary of State shall implement this Act within
16one year after the State Board of Elections certifies the
18        (1) The State has a statewide voter registration
19    database that complies with the requirements of the federal
20    Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et.
21    seq.).
22        (2) The General Assembly has appropriated the funds
23    necessary for the Secretary of State and the State Board of
24    Elections to implement and maintain the Illinois New Motor
25    Voter Program.
26        (3) The rules required by this Act have been adopted.



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1    (h) The Secretary of State shall not electronically provide
2records pursuant to this Section that contain a home address
3designated as confidential pursuant to any other federal or
4State law or court order.
5    Section 20. Disclosure of information.
6    (a) The willful, unauthorized disclosure of information
7obtained from the Secretary of State pursuant to Section 15 of
8this Act to any person, or the use of any false representation
9to obtain any of that information or the use of any of that
10information for a purpose other than as stated in Section 15 is
11a misdemeanor punishable by a fine not exceeding $5,000 or
12imprisonment not exceeding one year, or both fine and
14    (b) The State Board of Elections shall establish procedures
15to protect the confidentiality of the information acquired from
16the Secretary of State under Section 15 of this Act. The
17disclosure of this information shall be governed by the
18Personal Information Protection Act, and the State Board of
19Elections shall account for any disclosures, including those
20due to security breaches, in accordance with the Personal
21Information Protection Act.
22    Section 25. Records.
23    (a) The records of a person designated in subsection (b) of
24Section 15 shall constitute a completed affidavit of



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1registration and the State Board of Elections shall register
2the person vote, unless any of the following conditions is
4        (1) The person's records, as described in Section 15,
5    reflect that he or she affirmatively declined to register
6    to vote during a transaction with the Secretary of State.
7        (2) The person's records, as described in Section 15,
8    do not reflect that he or she has attested to meeting all
9    voter eligibility requirements specified in Section 3-1 of
10    the Election Code; in such case, the State Board of
11    Elections must mail a notice to the address of residence or
12    mailing address that the person's voter registration is
13    incomplete with directions to complete the registration
14    process.
15        (3) The State Board of Elections determines that the
16    person is ineligible to vote.
17    (b) If a person who is registered to vote under this Act
18does not provide a party preference, his or her party
19preference shall be designated as "Unknown" and he or she shall
20be treated as a "No Party Preference" voter.
21    (c) A person whose party preference is designated as
22"Unknown" pursuant to this Section shall not be counted for
23purposes of determining the total number of voters registered
24on the specified day preceding an election, as required by
25Sections 4-9, 5-8, and 6-36 of the Election Code.



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1    Section 30. Cancelling registration. A person registered
2to vote under this Act may cancel his or her voter registration
3at any time by any method available to any other registered
5    Section 35. Confidentiality of voter registration
6information. This Act does not affect the confidentiality of a
7person's voter registration information.
8    Section 40. Improper registration.
9    (a) If a person who is ineligible to vote becomes
10registered to vote under this Act in the absence of a violation
11by that person of a provision of Article 29 of the Election
12Code, that person's registration shall be presumed to have been
13effected with official authorization and not the fault of that
15    (b) If a person who is ineligible to vote becomes
16registered to vote under this Act and votes or attempts to vote
17in an election held after the effective date of the person's
18registration, that person shall be presumed to have acted with
19official authorization and shall not be guilty of fraudulently
20voting or attempting to vote pursuant to Section 29-10 of the
21Election Code unless that person willfully votes or attempts to
22vote knowing that he or she is not entitled to vote.
23    Section 45. Rules. The State Board of Elections shall adopt



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1rules to implement this Act, including regulations addressing
2both of the following:
3    (a) A process for canceling the registration of a person
4who is ineligible to vote, but became registered under the
5Illinois New Motor Voter Program in the absence of any
6violation by that person of Article 29 of the Election Code.
7    (b) An education and outreach campaign informing voters
8about the Illinois New Motor Voter Program that the State Board
9of Elections will conduct to implement this Act. The State
10Board of Elections may use any public and private funds
11available for this and shall provide materials created for this
12outreach and education campaign in languages other than
13English, as required by the federal Voting Rights Act of 1965
14(52 U.S.C. Sec. 10503).
15    Section 900. The Freedom of Information Act is amended by
16changing Section 7.5 as follows:
17    (5 ILCS 140/7.5)
18    Sec. 7.5. Statutory exemptions. To the extent provided for
19by the statutes referenced below, the following shall be exempt
20from inspection and copying:
21        (a) All information determined to be confidential
22    under Section 4002 of the Technology Advancement and
23    Development Act.
24        (b) Library circulation and order records identifying



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1    library users with specific materials under the Library
2    Records Confidentiality Act.
3        (c) Applications, related documents, and medical
4    records received by the Experimental Organ Transplantation
5    Procedures Board and any and all documents or other records
6    prepared by the Experimental Organ Transplantation
7    Procedures Board or its staff relating to applications it
8    has received.
9        (d) Information and records held by the Department of
10    Public Health and its authorized representatives relating
11    to known or suspected cases of sexually transmissible
12    disease or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmissible
14    Disease Control Act.
15        (e) Information the disclosure of which is exempted
16    under Section 30 of the Radon Industry Licensing Act.
17        (f) Firm performance evaluations under Section 55 of
18    the Architectural, Engineering, and Land Surveying
19    Qualifications Based Selection Act.
20        (g) Information the disclosure of which is restricted
21    and exempted under Section 50 of the Illinois Prepaid
22    Tuition Act.
23        (h) Information the disclosure of which is exempted
24    under the State Officials and Employees Ethics Act, and
25    records of any lawfully created State or local inspector
26    general's office that would be exempt if created or



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1    obtained by an Executive Inspector General's office under
2    that Act.
3        (i) Information contained in a local emergency energy
4    plan submitted to a municipality in accordance with a local
5    emergency energy plan ordinance that is adopted under
6    Section 11-21.5-5 of the Illinois Municipal Code.
7        (j) Information and data concerning the distribution
8    of surcharge moneys collected and remitted by wireless
9    carriers under the Wireless Emergency Telephone Safety
10    Act.
11        (k) Law enforcement officer identification information
12    or driver identification information compiled by a law
13    enforcement agency or the Department of Transportation
14    under Section 11-212 of the Illinois Vehicle Code.
15        (l) Records and information provided to a residential
16    health care facility resident sexual assault and death
17    review team or the Executive Council under the Abuse
18    Prevention Review Team Act.
19        (m) Information provided to the predatory lending
20    database created pursuant to Article 3 of the Residential
21    Real Property Disclosure Act, except to the extent
22    authorized under that Article.
23        (n) Defense budgets and petitions for certification of
24    compensation and expenses for court appointed trial
25    counsel as provided under Sections 10 and 15 of the Capital
26    Crimes Litigation Act. This subsection (n) shall apply



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1    until the conclusion of the trial of the case, even if the
2    prosecution chooses not to pursue the death penalty prior
3    to trial or sentencing.
4        (o) Information that is prohibited from being
5    disclosed under Section 4 of the Illinois Health and
6    Hazardous Substances Registry Act.
7        (p) Security portions of system safety program plans,
8    investigation reports, surveys, schedules, lists, data, or
9    information compiled, collected, or prepared by or for the
10    Regional Transportation Authority under Section 2.11 of
11    the Regional Transportation Authority Act or the St. Clair
12    County Transit District under the Bi-State Transit Safety
13    Act.
14        (q) Information prohibited from being disclosed by the
15    Personnel Records Review Act.
16        (r) Information prohibited from being disclosed by the
17    Illinois School Student Records Act.
18        (s) Information the disclosure of which is restricted
19    under Section 5-108 of the Public Utilities Act.
20        (t) All identified or deidentified health information
21    in the form of health data or medical records contained in,
22    stored in, submitted to, transferred by, or released from
23    the Illinois Health Information Exchange, and identified
24    or deidentified health information in the form of health
25    data and medical records of the Illinois Health Information
26    Exchange in the possession of the Illinois Health



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1    Information Exchange Authority due to its administration
2    of the Illinois Health Information Exchange. The terms
3    "identified" and "deidentified" shall be given the same
4    meaning as in the Health Insurance Portability and
5    Accountability and Portability Act of 1996, Public Law
6    104-191, or any subsequent amendments thereto, and any
7    regulations promulgated thereunder.
8        (u) Records and information provided to an independent
9    team of experts under Brian's Law.
10        (v) Names and information of people who have applied
11    for or received Firearm Owner's Identification Cards under
12    the Firearm Owners Identification Card Act or applied for
13    or received a concealed carry license under the Firearm
14    Concealed Carry Act, unless otherwise authorized by the
15    Firearm Concealed Carry Act; and databases under the
16    Firearm Concealed Carry Act, records of the Concealed Carry
17    Licensing Review Board under the Firearm Concealed Carry
18    Act, and law enforcement agency objections under the
19    Firearm Concealed Carry Act.
20        (w) Personally identifiable information which is
21    exempted from disclosure under subsection (g) of Section
22    19.1 of the Toll Highway Act.
23        (x) Information which is exempted from disclosure
24    under Section 5-1014.3 of the Counties Code or Section
25    8-11-21 of the Illinois Municipal Code.
26        (y) Confidential information under the Adult



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1    Protective Services Act and its predecessor enabling
2    statute, the Elder Abuse and Neglect Act, including
3    information about the identity and administrative finding
4    against any caregiver of a verified and substantiated
5    decision of abuse, neglect, or financial exploitation of an
6    eligible adult maintained in the Registry established
7    under Section 7.5 of the Adult Protective Services Act.
8        (z) Records and information provided to a fatality
9    review team or the Illinois Fatality Review Team Advisory
10    Council under Section 15 of the Adult Protective Services
11    Act.
12        (aa) Information which is exempted from disclosure
13    under Section 2.37 of the Wildlife Code.
14        (bb) Information which is or was prohibited from
15    disclosure by the Juvenile Court Act of 1987.
16        (cc) (bb) Recordings made under the Law Enforcement
17    Officer-Worn Body Camera Act, except to the extent
18    authorized under that Act.
19        (dd) Information that is exempted from disclosure
20    under Section 15 of the Illinois New Motor Voter Act.
21(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
22eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2399-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
24revised 10-14-15.)
25    Section 999. Effective date. This Act takes effect upon
26becoming law.