Illinois General Assembly - Full Text of SB1265
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Full Text of SB1265  99th General Assembly

SB1265sam002 99TH GENERAL ASSEMBLY

Sen. Daniel Biss

Filed: 3/17/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1265

2    AMENDMENT NO. ______. Amend Senate Bill 1265 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Section 1A-16.5 as follows:
 
6    (10 ILCS 5/1A-16.5)
7    (Text of Section before amendment by P.A. 98-1171)
8    Sec. 1A-16.5. Online voter registration.
9    (a) The State Board of Elections shall establish and
10maintain a system for online voter registration that permits a
11person to apply to register to vote or to update his or her
12existing voter registration. In accordance with technical
13specifications provided by the State Board of Elections, each
14election authority shall maintain a voter registration system
15capable of receiving and processing voter registration
16application information, including electronic signatures, from

 

 

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1the online voter registration system established by the State
2Board of Elections.
3    (b) The online voter registration system shall employ
4security measures to ensure the accuracy and integrity of voter
5registration applications submitted electronically pursuant to
6this Section.
7    (c) The Board may receive voter registration information
8provided by applicants using the State Board of Elections'
9website, may cross reference that information with data or
10information contained in the Secretary of State's database in
11order to match the information submitted by applicants, and may
12receive from the Secretary of State the applicant's digitized
13signature upon a successful match of that applicant's
14information with that contained in the Secretary of State's
15database.
16    (d) Notwithstanding any other provision of law, a person
17who is qualified to register to vote and who has an authentic
18Illinois driver's license or State identification card issued
19by the Secretary of State may submit an application to register
20to vote electronically on a website maintained by the State
21Board of Elections.
22    (e) An online voter registration application shall contain
23all of the information that is required for a paper application
24as provided in Section 1A-16 of this Code, except that the
25applicant shall be required to provide:
26        (1) the applicant's full Illinois driver's license or

 

 

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

 

 

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1such an application, the online voter registration system shall
2send by electronic mail, a notice informing the applicant of
3whether the following information has been matched with the
4Secretary of State database:
5        (1) that the applicant has an authentic Illinois
6    driver's license or State identification card issued by the
7    Secretary of State and that the driver's license or State
8    identification number provided by the applicant matches
9    the driver's license or State identification card number
10    for that person on file with the Secretary of State;
11        (2) that the date of issuance of the Illinois driver's
12    license or State identification card listed on the
13    application matches the date of issuance of that card for
14    that person on file with the Secretary of State;
15        (3) that the date of birth provided by the applicant
16    matches the date of birth for that person on file with the
17    Secretary of State; and
18        (4) that the last 4 digits of the applicant's social
19    security number matches the last 4 digits for that person
20    on file with the Secretary of State.
21    (h) If the information provided by the applicant matches
22the information on the Secretary of State's databases for any
23driver's license and State identification card holder and is
24matched as provided in subsection (g) above, the online voter
25registration system shall:
26        (1) retrieve from the Secretary of State's database

 

 

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1    files an electronic copy of the applicant's signature from
2    his or her Illinois driver's license or State
3    identification card and such signature shall be deemed to
4    be the applicant's signature on his or her online voter
5    registration application;
6        (2) within 2 days of receiving the application, forward
7    to the county clerk or board of election commissioners
8    having jurisdiction over the applicant's voter
9    registration: (i) the application, along with the
10    applicant's relevant data that can be directly loaded into
11    the jurisdiction's voter registration system and (ii) a
12    copy of the applicant's electronic signature and a
13    certification from the State Board of Elections that the
14    applicant's driver's license or State identification card
15    number, driver's license or State identification card date
16    of issuance, and date of birth and social security
17    information have been successfully matched.
18    (i) Upon receipt of the online voter registration
19application, the county clerk or board of election
20commissioners having jurisdiction over the applicant's voter
21registration shall promptly search its voter registration
22database to determine whether the applicant is already
23registered to vote at the address on the application and
24whether the new registration would create a duplicate
25registration. If the applicant is already registered to vote at
26the address on the application, the clerk or board, as the case

 

 

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1may be, shall send the applicant by first class mail, and
2electronic mail if the applicant has provided an electronic
3mail address on the original voter registration form for that
4address, a disposition notice as otherwise required by law
5informing the applicant that he or she is already registered to
6vote at such address. If the applicant is not already
7registered to vote at the address on the application and the
8applicant is otherwise eligible to register to vote, the clerk
9or board, as the case may be, shall:
10        (1) enter the name and address of the applicant on the
11    list of registered voters in the jurisdiction; and
12        (2) send by mail, and electronic mail if the applicant
13    has provided an electronic mail address on the voter
14    registration form, a disposition notice to the applicant as
15    otherwise provided by law setting forth the applicant's
16    name and address as it appears on the application and
17    stating that the person is registered to vote.
18    (j) An electronic signature of the person submitting a
19duplicate registration application or a change of address form
20that is retrieved and imported from the Secretary of State's
21driver's license or State identification card database as
22provided herein may, in the discretion of the clerk or board,
23be substituted for and replace any existing signature for that
24individual in the voter registration database of the county
25clerk or board of election commissioners.
26    (k) Any new registration or change of address submitted

 

 

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1electronically as provided in this Section shall become
2effective as of the date it is received by the county clerk or
3board of election commissioners having jurisdiction over said
4registration. Disposition notices prescribed in this Section
5shall be sent within 5 business days of receipt of the online
6application or change of address by the county clerk or board
7of election commissioners.
8    (l) All provisions of this Code governing voter
9registration and applicable thereto and not inconsistent with
10this Section shall apply to online voter registration under
11this Section. All applications submitted on a website
12maintained by the State Board of Elections shall be deemed
13timely filed if they are submitted no later than 11:59 p.m. on
14the final day for voter registration prior to an election.
15After the registration period for an upcoming election has
16ended and until the 2nd day following such election, the web
17page containing the online voter registration form on the State
18Board of Elections website shall inform users of the procedure
19for grace period voting.
20    (m) The State Board of Elections shall maintain a list of
21the name, street address, e-mail address, and likely precinct,
22ward, township, and district numbers, as the case may be, of
23people who apply to vote online through the voter registration
24system and those names and that information shall be stored in
25an electronic format on its website, arranged by county and
26accessible to State and local political committees.

 

 

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1    (n) The Illinois State Board of Elections shall submit a
2report to the General Assembly and the Governor by January 31,
32014 detailing the progress made to implement the online voter
4registration system described in this Section.
5    (o) The online voter registration system provided for in
6this Section shall be fully operational by July 1, 2014.
7(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)
 
8    (Text of Section after amendment by P.A. 98-1171)
9    Sec. 1A-16.5. Online voter registration.
10    (a) The State Board of Elections shall establish and
11maintain a system for online voter registration that permits a
12person to apply to register to vote or to update his or her
13existing voter registration. In accordance with technical
14specifications provided by the State Board of Elections, each
15election authority shall maintain a voter registration system
16capable of receiving and processing voter registration
17application information, including electronic signatures, from
18the online voter registration system established by the State
19Board of Elections.
20    (b) The online voter registration system shall employ
21security measures to ensure the accuracy and integrity of voter
22registration applications submitted electronically pursuant to
23this Section.
24    (c) The Board may receive voter registration information
25provided by applicants using the State Board of Elections'

 

 

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1website, may cross reference that information with data or
2information contained in the Secretary of State's database in
3order to match the information submitted by applicants, and may
4receive from the Secretary of State the applicant's digitized
5signature upon a successful match of that applicant's
6information with that contained in the Secretary of State's
7database.
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 register
12to vote electronically on a website maintained by the State
13Board of Elections.
14    (e) An online voter registration application shall contain
15all of the information that is required for a paper application
16as provided in Section 1A-16 of this Code, except that the
17applicant 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 the

 

 

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1online 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 shall
20send by electronic mail, a notice informing the applicant of
21whether the following information has been matched with the
22Secretary of State database:
23        (1) that the applicant has an authentic Illinois
24    driver's license or State identification card issued by the
25    Secretary of State and that the driver's license or State
26    identification number provided by the applicant matches

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1website must include a hypertext link to the homepage website
2maintained and operated pursuant to this Section 1A-16.5. For
3the purposes of this Section, "State department" means the
4departments of State Government listed in Section 5-15 of the
5Civil Administrative Code of Illinois (General Provisions and
6Departments of State Government).
7(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14;
898-1171, eff. 6-1-15.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.".