Full Text of SB3432 102nd General Assembly
SB3432sam001 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 1/26/2022
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| 1 | | AMENDMENT TO SENATE BILL 3432
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3432 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 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 |
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| 1 | | driver's license, or a State identification card issued by the | 2 | | Office of the Secretary of State , an applicant presents an | 3 | | identification document that demonstrates United States | 4 | | citizenship and is of age to register to vote or the | 5 | | information provided to the Office pursuant to subsection (c) | 6 | | indicates that the applicant is currently registered to vote | 7 | | in Illinois, meets the requirements of the federal REAL ID Act | 8 | | of 2005, then that application shall serve as a dual-purpose | 9 | | application unless the applicant declines in accordance with | 10 | | subsection (g) of Section 1A-16.7 . The dual-purpose | 11 | | application shall: | 12 | | (1) also serve as an application to register to vote | 13 | | in Illinois; and | 14 | | (2) allow an applicant to change the applicant's his | 15 | | or her registered residence address or name as it appears | 16 | | on the voter registration rolls . ; | 17 | | (3) provide the applicant with an opportunity to | 18 | | affirmatively decline to register to vote or to change his | 19 | | or her registered residence address or name by providing a | 20 | | check box on the application form without requiring the | 21 | | applicant to state the reason; and | 22 | | (4) unless the applicant declines to register to vote | 23 | | or change his or her registered residence address or name, | 24 | | require the applicant to attest, by signature under | 25 | | penalty of perjury as described in subsection (e) of this | 26 | | Section, to meeting the qualifications to register to vote |
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| 1 | | in Illinois at his or her residence address as indicated | 2 | | on his or her driver's license or identification card | 3 | | dual-purpose application. | 4 | | (b-5) If , as part of an application, an application for | 5 | | renewal, a change of address form, or a recertification form | 6 | | for a driver's license, other than a temporary visitor's | 7 | | driver's license, or a State identification card issued by the | 8 | | Office of the Secretary of State , an applicant presents an | 9 | | identification document that neither demonstrates United | 10 | | States citizenship nor demonstrates lack of United States | 11 | | citizenship and the information provided to the Office | 12 | | pursuant to subsection (c) does not indicate that the | 13 | | applicant is currently registered to vote in Illinois, does | 14 | | not meet the requirements of the federal REAL ID Act of 2005, | 15 | | then that application shall serve as a dual-purpose | 16 | | application. The dual-purpose application shall: | 17 | | (1) also serve as an application to register to vote | 18 | | in Illinois; | 19 | | (2) (blank); and allow an applicant to change his or | 20 | | her registered residence address or name as it appears on | 21 | | the voter registration rolls; and | 22 | | (3) if the applicant chooses to register to vote or to | 23 | | change his or her registered residence address or name , | 24 | | then require the applicant to attest, by a separate | 25 | | signature under penalty of perjury, to meeting the | 26 | | qualifications to register to vote in Illinois at his or |
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| 1 | | her residence address as indicated on his or her | 2 | | dual-purpose application. | 3 | | (b-10) (Blank). The Office of the Secretary of State shall | 4 | | clearly and conspicuously inform each applicant in writing: | 5 | | (i) of the qualifications to register to vote in Illinois, | 6 | | (ii) of the penalties provided by law for submission of a false | 7 | | voter registration application, (iii) that, unless the | 8 | | applicant declines to register to vote or update his or her | 9 | | voter registration, his or her dual-purpose application shall | 10 | | also serve as both an application to register to vote and his | 11 | | or her attestation that he or she meets the eligibility | 12 | | requirements for voter registration, and that his or her | 13 | | application to register to vote or update his or her | 14 | | registration will be transmitted to the State Board of | 15 | | Elections for the purpose of registering the person to vote at | 16 | | the residence address to be indicated on his or her driver's | 17 | | license or identification card, and (iv) that declining to | 18 | | register to vote is confidential and will not affect any | 19 | | services the person may be seeking from the Office of the | 20 | | Secretary of State. | 21 | | (c) The Office of the Secretary of State shall review | 22 | | information provided to the Office of the Secretary of State | 23 | | by the State Board of Elections to determine whether each | 24 | | inform each applicant for a driver's license or permit, other | 25 | | than a temporary visitor's driver's license, or a State | 26 | | identification card issued by the Office of the Secretary of |
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| 1 | | State whether the applicant under subsections (b) and (b-5) is | 2 | | currently registered to vote in Illinois and, if registered, | 3 | | at what address. | 4 | | (d) The Office of the Secretary of State shall not require | 5 | | an applicant for a driver's license or State identification | 6 | | card to provide duplicate identification or information in | 7 | | order to complete an application to register to vote or change | 8 | | his or her registered residence address or name. Before | 9 | | transmitting any personal information about an applicant to | 10 | | the State Board of Elections, the Office of the Secretary of | 11 | | State shall review its records of the identification documents | 12 | | the applicant provided in order to complete the application | 13 | | for a driver's license or State identification card, to | 14 | | confirm that nothing in those documents indicates that the | 15 | | applicant does not satisfy the qualifications to register to | 16 | | vote in Illinois at his or her residence address. If an | 17 | | applicant provides the Secretary of State with an | 18 | | identification document demonstrating a lack of United States | 19 | | citizenship, the application shall not serve as a dual-purpose | 20 | | application under this Section. | 21 | | (e) A completed, signed application for (i) a driver's | 22 | | license or permit, other than a temporary visitor's driver's | 23 | | license, or a State identification card issued by the Office | 24 | | of the Secretary of State as part of which an applicant | 25 | | presents an identification document that demonstrates that the | 26 | | applicant is a United States citizen and is of age to register |
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| 1 | | to vote or for which the information provided to the Office | 2 | | pursuant to subsection (c) indicates that the applicant is | 3 | | currently registered to vote in Illinois , that meets the | 4 | | requirements of the federal REAL ID Act of 2005; or (ii) a | 5 | | completed application under subsection (b-5) of this Section | 6 | | with a separate signature attesting the applicant meets the | 7 | | qualifications to register to vote in Illinois at his or her | 8 | | residence address as indicated on his or her application shall | 9 | | constitute a signed application to register to vote in | 10 | | Illinois at the residence address indicated in the application | 11 | | unless the person affirmatively declined in the application to | 12 | | register to vote or to change his or her registered residence | 13 | | address or name . If the identification documents provided to | 14 | | complete the dual-purpose application indicate that he or she | 15 | | does not satisfy the qualifications to register to vote in | 16 | | Illinois at his or her residence address, the application | 17 | | shall be marked as incomplete. | 18 | | (f) For each completed and signed application that | 19 | | constitutes an application to register to vote in Illinois or | 20 | | provides for a change in the applicant's registered residence | 21 | | address or name, the Office of the Secretary of State shall | 22 | | electronically transmit to the State Board of Elections | 23 | | personal information needed to complete the person's | 24 | | registration to vote in Illinois at his or her residence | 25 | | address , including the applicant's choice of language other | 26 | | than English during the licensing transaction . The application |
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| 1 | | to register to vote shall be processed in accordance with | 2 | | Section 1A-16.7. | 3 | | (g) (Blank). If the federal REAL ID Act of 2005 is | 4 | | repealed, abrogated, superseded, or otherwise no longer in | 5 | | effect, then the State Board of Elections shall establish | 6 | | criteria for determining reliable personal information | 7 | | indicating citizenship status and shall adopt rules as | 8 | | necessary for the Secretary of State to continue processing | 9 | | dual-purpose applications under this Section. | 10 | | (h) As used in this Section, "dual-purpose application" | 11 | | means an application, an application for renewal, a change of | 12 | | address form, or a recertification form for driver's license | 13 | | or permit, other than a temporary visitor's driver's license, | 14 | | or a State identification card offered by the Secretary of | 15 | | State that also serves as an application to register to vote in | 16 | | Illinois. "Dual-purpose application" does not mean an | 17 | | application under subsection (c) of Section 6-109 of the | 18 | | Illinois Vehicle Code.
| 19 | | (Source: P.A. 100-464, eff. 8-28-17.) | 20 | | (10 ILCS 5/1A-16.2) | 21 | | Sec. 1A-16.2. Automatic voter registration; designated | 22 | | automatic voter registration agencies. | 23 | | (a) Each designated automatic voter registration agency | 24 | | shall, pursuant to an interagency contract and jointly-adopted | 25 | | rules with the State Board of Elections, agree to participate |
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| 1 | | in an automatic voter registration program established by the | 2 | | State Board of Elections that satisfies the requirements of | 3 | | this Section and other applicable law. If the designated | 4 | | automatic voter registration agency provides applications, | 5 | | applications for renewal, change of address forms, filing, or | 6 | | recertification forms to individuals for services offered by | 7 | | another agency, then the State Board of Elections and the | 8 | | designated automatic voter agency shall consult with the other | 9 | | agency. The State Board of Elections shall consider the | 10 | | current technological capabilities of the designated voter | 11 | | registration agency when drafting interagency contracts and | 12 | | jointly-adopted rules. The State Board of Elections and the | 13 | | designated automatic voter registration agency shall amend | 14 | | these contracts and rules as the technological capabilities of | 15 | | the designated voter registration agencies improve. | 16 | | (b) As provided in subsection (a) of this Section, each | 17 | | designated automatic voter registration agency that collects | 18 | | or cross-references reliable personal information indicating | 19 | | citizenship status may provide that an application for a | 20 | | license, permit, program, or service shall serve as a | 21 | | dual-purpose application. The dual-purpose application shall: | 22 | | (1) also serve as an application to register to vote | 23 | | in Illinois; and | 24 | | (2) allow an applicant to change the applicant's his | 25 | | or her registered residence address or name as it appears | 26 | | on the voter registration rolls . ; |
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| 1 | | (3) provide the applicant with an opportunity to | 2 | | affirmatively decline to register to vote or change his or | 3 | | her registered residence address or name by providing a | 4 | | check box on the application form without requiring the | 5 | | applicant to state the reason; and | 6 | | (4) unless the applicant declines to register to vote | 7 | | or to change his or her registered residence address or | 8 | | name, require the applicant to attest, by signature under | 9 | | penalty of perjury, to meeting the qualifications to | 10 | | register to vote in Illinois at his or her residence | 11 | | address as indicated on his or her dual-purpose | 12 | | application. | 13 | | (c) As provided in subsection (a) of this Section, each | 14 | | designated automatic voter registration agency that does not | 15 | | collect or cross-reference records containing reliable | 16 | | personal information indicating citizenship status may provide | 17 | | that an application, an application for renewal, a change of | 18 | | address form, or a recertification form for a license, permit, | 19 | | program, or service shall serve as a dual-purpose application. | 20 | | The dual-purpose application shall: | 21 | | (1) also serve as an application to register to vote | 22 | | in Illinois; | 23 | | (2) allow an applicant to change his or her registered | 24 | | residence address or name as it appears on the voter | 25 | | registration rolls; and | 26 | | (3) if the applicant chooses to register to vote or to |
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| 1 | | change his or her registered residence address or name, | 2 | | then require the applicant to attest, by a separate | 3 | | signature under penalty of perjury, to meeting the | 4 | | qualifications to register to vote in Illinois at his or | 5 | | her residence address as indicated on his or her | 6 | | dual-purpose application. | 7 | | (c-5) (Blank). The designated automatic voter registration | 8 | | agency shall clearly and conspicuously inform each applicant | 9 | | in writing: (i) of the qualifications to register to vote in | 10 | | Illinois, (ii) of the penalties provided by law for submission | 11 | | of a false voter registration application, (iii) that, unless | 12 | | the applicant declines to register to vote or update his or her | 13 | | voter registration, his or her application shall also serve as | 14 | | both an application to register to vote and his or her | 15 | | attestation that he or she meets the eligibility requirements | 16 | | for voter registration, and that his or her application to | 17 | | register to vote or update his or her registration will be | 18 | | transmitted to the State Board of Elections for the purpose of | 19 | | registering the person to vote at the residence address to be | 20 | | indicated on the dual-purpose application, (iv) that | 21 | | information identifying the agency at which he or she applied | 22 | | to register to vote is confidential, (v) that declining to | 23 | | register to vote is confidential and will not affect any | 24 | | services the person may be seeking from the agency, and (vi) | 25 | | any additional information needed in order to comply with | 26 | | Section 7 of the federal National Voter Registration Act of |
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| 1 | | 1993. | 2 | | (d) The designated automatic voter registration agency | 3 | | shall review information provided to the agency by the State | 4 | | Board of Elections to inform each applicant covered by | 5 | | subsection (c) whether the applicant is currently registered | 6 | | to vote in Illinois and, if registered, at what address. | 7 | | (e) The designated automatic voter registration agency | 8 | | shall not require an applicant for a dual-purpose application | 9 | | to provide duplicate identification or information in order to | 10 | | complete an application to register to vote or change his or | 11 | | her registered residence address or name. Before transmitting | 12 | | any personal information about an applicant to the State Board | 13 | | of Elections, the agency shall review its records of the | 14 | | identification documents the applicant provided or that the | 15 | | agency cross-references in order to complete the dual-purpose | 16 | | application, to confirm that nothing in those documents | 17 | | indicates that the applicant does not satisfy the | 18 | | qualifications to register to vote in Illinois at his or her | 19 | | residence address. A completed and signed dual-purpose | 20 | | application, including a completed application under | 21 | | subsection (c) of this Section with a separate signature | 22 | | attesting that the applicant meets the qualifications to | 23 | | register to vote in Illinois at his or her residence address as | 24 | | indicated on his or her application, shall constitute an | 25 | | application to register to vote in Illinois at the residence | 26 | | address indicated in the application unless the person |
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| 1 | | affirmatively declined in the application to register to vote | 2 | | or to change his or her registered residence address or name . | 3 | | If the identification documents provided to complete the | 4 | | dual-purpose application, or that the agency cross-references, | 5 | | indicate that he or she does not satisfy the qualifications to | 6 | | register to vote in Illinois at his or her residence address, | 7 | | the application shall be marked as incomplete. | 8 | | (f) For each completed and signed dual-purpose application | 9 | | that constitutes an application to register to vote in | 10 | | Illinois or provides for a change in the applicant's | 11 | | registered residence address or name, the designated automatic | 12 | | voter registration agency shall electronically transmit to the | 13 | | State Board of Elections personal information needed to | 14 | | complete the person's registration to vote in Illinois at his | 15 | | or her residence address. The application to register to vote | 16 | | shall be processed in accordance with Section 1A-16.7. | 17 | | (g) As used in this Section: | 18 | | "Designated automatic voter registration agency" or | 19 | | "agency" means the divisions of Family and Community | 20 | | Services and Rehabilitation Services of the Department of | 21 | | Human Services, the Department of Employment Security, the | 22 | | Department of Financial and Professional Regulation, the | 23 | | Department of Natural Resources, or an agency of the | 24 | | State , local, tribal, or federal government that has been | 25 | | determined by the State Board of Elections to have access | 26 | | to reliable personal information and has entered into an |
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| 1 | | interagency contract with the State Board of Elections to | 2 | | participate in the automatic voter registration program | 3 | | under this Section. If an agency under this Section | 4 | | collects or cross-references reliable personal information | 5 | | indicating citizenship status for more than one person | 6 | | listed on an application for a license, permit, program, | 7 | | or service, each person for whom the agency collects or | 8 | | cross-references reliable personal information indicating | 9 | | citizenship status shall be considered an applicant under | 10 | | this Section and the application shall serve as a | 11 | | dual-purpose application for each such person. | 12 | | "Dual-purpose application" means an application, an | 13 | | application for renewal, a change of address form, or a | 14 | | recertification form for a license, permit, program, or | 15 | | service offered by a designated automatic voter | 16 | | registration agency that also serves as an application to | 17 | | register to vote in Illinois. | 18 | | "Reliable personal information" means information | 19 | | about individuals obtained from government sources that | 20 | | may be used to verify whether an individual is eligible to | 21 | | register to vote. | 22 | | (h) This Section shall be implemented no later than July | 23 | | 1, 2019. | 24 | | (i) The Department of Healthcare and Family Services shall | 25 | | implement, as permitted by applicable federal law, an | 26 | | automatic voter registration system under this Section for |
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| 1 | | applicants for Illinois Medicaid no later than July 1, 2023.
| 2 | | (Source: P.A. 100-464, eff. 8-28-17.) | 3 | | (10 ILCS 5/1A-16.7) | 4 | | Sec. 1A-16.7. Automatic voter registration. | 5 | | (a) The State Board of Elections shall establish and | 6 | | maintain a portal for automatic government agency voter | 7 | | registration that permits an eligible person to electronically | 8 | | apply to register to vote or to update his or her existing | 9 | | voter registration as provided in Section 1A-16.1 or Section | 10 | | 1A-16.2. The portal shall interface with the online voter | 11 | | registration system established in Section 1A-16.5 of this | 12 | | Code and shall be capable of receiving and processing voter | 13 | | registration application information, including electronic | 14 | | signatures, from the Office of the Secretary of State and each | 15 | | designated automatic voter registration agency, as defined in | 16 | | Section 1A-16.2. The State Board of Elections may | 17 | | cross-reference voter registration information from any | 18 | | designated automatic voter registration agency, as defined | 19 | | under Section 1A-16.2 of this Code, with information contained | 20 | | in the database of the Secretary of State as provided under | 21 | | subsection (c) of Section 1A-16.5 of this Code. The State | 22 | | Board of Elections shall modify the online voter registration | 23 | | system as necessary to implement this Section. | 24 | | (b) Voter registration data received from the Office of | 25 | | the Secretary of State or a designated automatic voter |
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| 1 | | registration agency through the online registration | 2 | | application system shall be processed as provided in Section | 3 | | 1A-16.5 of this Code. | 4 | | (c) The State Board of Elections shall establish technical | 5 | | specifications applicable to each automatic government | 6 | | registration program, including data format and transmission | 7 | | specifications. The Office of the Secretary of State and each | 8 | | designated automatic voter registration agency shall maintain | 9 | | a data transfer mechanism capable of transmitting voter | 10 | | registration application information, including electronic | 11 | | signatures where available, to the online voter registration | 12 | | system established in Section 1A-16.5 of this Code. | 13 | | (d) The State Board of Elections shall, by rule, establish | 14 | | criteria and procedures for determining whether an agency of | 15 | | the State or federal government seeking to become a designated | 16 | | automatic voter registration agency has access to reliable | 17 | | personal information, as defined under this subsection (d) and | 18 | | subsection (f) of Section 1A-16.2 of this Code, and otherwise | 19 | | meets the requirements to enter into an interagency contract | 20 | | and to operate as a designated automatic voter registration | 21 | | agency. The State Board of Elections shall approve each | 22 | | interagency contract upon affirmative vote of a majority of | 23 | | its members. | 24 | | As used in this subsection (d), "reliable personal | 25 | | information" means information about individuals obtained from | 26 | | government sources that may be used to verify whether an |
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| 1 | | individual is eligible to register to vote. | 2 | | (e) Whenever an applicant's data is transferred from the | 3 | | Office of the Secretary of State or a designated automatic | 4 | | voter registration agency, the agency must transmit a | 5 | | signature image if available. If no signature image was | 6 | | provided by the agency, and or if no signature image is | 7 | | available in the Office of the Secretary of State's database , | 8 | | or the statewide voter registration database, or other | 9 | | database available to the State Board of Elections, the | 10 | | applicant must be notified that his or her registration will | 11 | | remain in a pending status until the applicant: , and the | 12 | | applicant will be required to | 13 | | (i) provides provide identification that | 14 | | complies with the federal Help America Vote Act of | 15 | | 2002 and a signature to the election authority on | 16 | | election day in the polling place or during early | 17 | | voting ; . | 18 | | (ii) provides identification that complies | 19 | | with the federal Help America Vote Act of 2002 and | 20 | | a signature with a mail ballot, or provides a | 21 | | signature according to the procedures in | 22 | | subsection (g-5) of Section 19-8; or | 23 | | (iii) provides a signature in response to the | 24 | | notice described in subsection (g) or by other | 25 | | paper or electronic means determined by the State | 26 | | Board of Elections. |
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| 1 | | (f) Upon receipt of personal information collected and | 2 | | transferred by the Office of the Secretary of State or a | 3 | | designated automatic voter registration agency, the State | 4 | | Board of Elections shall check the information against the | 5 | | statewide voter registration database. The State Board of | 6 | | Elections shall create and electronically transmit to the | 7 | | appropriate election authority a voter registration | 8 | | application for any individual who is not registered to vote | 9 | | in Illinois and is not disqualified as provided in this | 10 | | Section or whose information reliably indicates a more recent | 11 | | update to the name or address of a person already included in | 12 | | the statewide voter database. The election authority shall | 13 | | process the application accordingly. If the individual | 14 | | provides the designated automatic voter registration agency | 15 | | with an address designated by the Attorney General as a | 16 | | substitute mailing address under Section 15 of the Address | 17 | | Confidentiality for Victims of Domestic Violence, Sexual | 18 | | Assault, Human Trafficking, or Stalking Act, or if the State | 19 | | Board of Elections otherwise determines that the individual is | 20 | | a program participant under Section 10 of the Address | 21 | | Confidentiality for Victims of Domestic Violence, Sexual | 22 | | Assault, Human Trafficking, or Stalking Act, the application | 23 | | shall be deemed an Illinois Address Confidentiality Program | 24 | | Voter Registration Application under Section 30 of the Address | 25 | | Confidentiality for Victims of Domestic Violence, Sexual | 26 | | Assault, Human Trafficking, or Stalking Act and rules and |
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| 1 | | procedures applicable to program participants shall apply to | 2 | | the individual and the application. | 3 | | (g) The appropriate election authority shall ensure that | 4 | | any applicant who is registered to vote or whose existing | 5 | | voter registration is updated under this Section is promptly | 6 | | sent written notice of the change. The notice required by this | 7 | | subsection (g) may be sent or combined with other notices | 8 | | required or permitted by law, including, but not limited to, | 9 | | any notices sent pursuant to Section 1A-16.5 of this Code. Any | 10 | | notice required by this subsection (g) shall contain, at a | 11 | | minimum: (i) the applicant's name and residential address as | 12 | | reflected on the voter registration list; (ii) a statement | 13 | | notifying the applicant to contact the appropriate election | 14 | | authority if his or her voter registration has been updated in | 15 | | error; (ii) (iii) the qualifications to register to vote in | 16 | | Illinois; (iv) a statement notifying the applicant that he or | 17 | | she may opt out of voter registration or request a change to | 18 | | his or her registration information at any time by contacting | 19 | | an election official; and (iii) (v) contact information for | 20 | | the appropriate election authority, including a phone number, | 21 | | address, electronic mail address, and website address. For an | 22 | | applicant newly registered pursuant to subsection (b) of | 23 | | Section 1A-16.1 or subsection (b) of Section 1A-16.2, the | 24 | | notice shall contain: (i) a notice that the individual is | 25 | | registered to vote unless the individual declines to be | 26 | | registered and that if the person wishes to decline to be |
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| 1 | | registered, he or she may return a postage-prepaid notice of | 2 | | declination; (ii) the notices required by Section 5(c)(2) of | 3 | | the National Voter Registration Act of 1993; and (iii) a | 4 | | postage prepaid opportunity to provide a signature pursuant to | 5 | | subsection (e), and to select a language for election | 6 | | materials if applicable to the jurisdiction. For an existing | 7 | | registrant whose information has been updated, the notice | 8 | | shall include a postage-prepaid opportunity to indicate his or | 9 | | her voter registration has been updated in error. | 10 | | (g-5) If an applicant newly registered pursuant to | 11 | | subsection (b) of Section 1A-16.1 or subsection (b) of Section | 12 | | 1A-16.2 returns the notice described in subsection (g) | 13 | | declining to be registered, the applicant's voter registration | 14 | | record shall be cancelled in the statewide voter registration | 15 | | database and if such declination form is received back to the | 16 | | election authority within 21 days after mailing the notice, | 17 | | the applicant shall be deemed never to have been registered. | 18 | | If a person
sent a notice required under subsection (g) casts a | 19 | | ballot or makes an
application for a vote by mail ballot | 20 | | between the date of the
automatic voter registration agency | 21 | | transaction and the 21st day after
the mailing of such a | 22 | | notice, then the person shall be deemed not to
have declined to | 23 | | register to vote pursuant to the subsection. | 24 | | (h) The appropriate election authority shall ensure that | 25 | | any applicant whose voter registration application is not | 26 | | accepted or deemed incomplete is promptly sent written notice |
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| 1 | | of the application's status. The notice required by this | 2 | | subsection may be sent or combined with other notices required | 3 | | or permitted by law, including, but not limited to, any | 4 | | notices sent pursuant to Section 1A-16.5 of this Code. Any | 5 | | notice required by this subsection (h) shall contain, at a | 6 | | minimum, the reason the application was not accepted or deemed | 7 | | incomplete and contact information for the appropriate | 8 | | election authority, including a phone number, address, | 9 | | electronic mail address, and website address. | 10 | | (i) If the Office of the Secretary of State or a designated | 11 | | automatic voter registration agency transfers information, or | 12 | | if the State Board of Elections creates and transmits a voter | 13 | | registration application, for a person who does not qualify as | 14 | | an eligible voter, then it shall not constitute a completed | 15 | | voter registration form, and the person shall not be | 16 | | considered to have registered to vote. | 17 | | (j) If the registration is processed by any election | 18 | | authority, then it shall be presumed to have been effected and | 19 | | officially authorized by the State, and that person shall not | 20 | | be found on that basis to have made a false claim to | 21 | | citizenship or to have committed an act of moral turpitude, | 22 | | nor shall that person be subject to penalty under any relevant | 23 | | laws, including, but not limited to, Sections 29-10 and 29-19 | 24 | | of this Code. This subsection (j) does not apply to a person | 25 | | who knows that he or she is not entitled to register to vote | 26 | | and who willfully votes, registers to vote, or attests under |
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| 1 | | penalty of perjury that he or she is eligible to register to | 2 | | vote or willfully attempts to vote or to register to vote. | 3 | | (k) The State Board of Elections, the Office of the | 4 | | Secretary of State, and each designated automatic voter | 5 | | registration agency shall implement policies and procedures to | 6 | | protect the privacy and security of voter information as it is | 7 | | acquired, stored, and transmitted among agencies, including | 8 | | policies for the retention and preservation of voter | 9 | | information. Information designated as confidential under this | 10 | | Section may be recorded and shared among the State Board of | 11 | | Elections, election authorities, the Office of the Secretary | 12 | | of State, and designated automatic voter registration | 13 | | agencies, but shall be used only for voter registration | 14 | | purposes, shall not be disclosed to the public except in the | 15 | | aggregate as required by subsection (m) of this Section, and | 16 | | shall not be subject to the Freedom of Information Act. The | 17 | | following information shall be designated as confidential: | 18 | | (1) any portion of an applicant's Social Security | 19 | | number; | 20 | | (2) any portion of an applicant's driver's license | 21 | | number or State identification number; | 22 | | (3) an applicant's decision to decline voter | 23 | | registration; | 24 | | (4) the identity of the person providing information | 25 | | relating to a specific applicant; and | 26 | | (5) the personal residence and contact information of |
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| 1 | | any applicant for whom notice has been given by an | 2 | | appropriate legal authority ; and . | 3 | | (6) the personal residence and contact information | 4 | | relating to an applicant who returns a notice under | 5 | | subsection (g) declining to register to vote and received | 6 | | back to the election authority within 21 days after | 7 | | mailing such a notice or for whom such a 21-day period has | 8 | | not passed. | 9 | | This subsection (k) shall not apply to information the | 10 | | State Board of Elections is required to share with the | 11 | | Electronic Registration Information Center. | 12 | | (l) The voter registration procedures implemented under | 13 | | this Section shall comport with the federal National Voter | 14 | | Registration Act of 1993, as amended, and shall specifically | 15 | | require that the State Board of Elections track registration | 16 | | data received through the online registration system that | 17 | | originated from a designated automatic voter registration | 18 | | agency for the purposes of maintaining statistics. | 19 | | Nothing in this Code shall require designated voter | 20 | | registration agencies to transmit information that is | 21 | | confidential client information under State or federal law | 22 | | without the consent of the applicant. | 23 | | (m) The State Board of Elections, each election authority | 24 | | that maintains a website, the Office of the Secretary of | 25 | | State, and each designated automatic voter registration agency | 26 | | that maintains a website shall provide information on their |
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| 1 | | websites informing the public about the new registration | 2 | | procedures described in this Section. The Office of the | 3 | | Secretary of State and each designated automatic voter | 4 | | registration agency shall display signage or provide | 5 | | literature for the public containing information about the new | 6 | | registration procedures described in this Section. | 7 | | (n) No later than 6 months after the effective date of this | 8 | | amendatory Act of the 100th General Assembly, the State Board | 9 | | of Elections shall hold at least one public hearing on | 10 | | implementing this amendatory Act of the 100th General Assembly | 11 | | at which the public may provide input. | 12 | | (o) The State Board of Elections shall submit an annual | 13 | | public report to the General Assembly and the Governor | 14 | | detailing the progress made to implement this Section. The | 15 | | report shall include all of the following: the number of | 16 | | records transferred under this Section by agency, the number | 17 | | of voters newly added to the statewide voter registration list | 18 | | because of records transferred under this Section by agency, | 19 | | the number of updated registrations under this Section by | 20 | | agency, the number of persons who opted out of voter | 21 | | registration, and the number of voters who submitted voter | 22 | | registration forms using the online procedure described in | 23 | | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports | 24 | | may include less detail if election authorities are not | 25 | | equipped to provide complete information to the State Board of | 26 | | Elections. Any report produced under this subsection (o) shall |
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| 1 | | exclude any information that identifies any individual | 2 | | personally. | 3 | | (p) The State Board of Elections, in consultation with | 4 | | election authorities, the Office of the Secretary of State, | 5 | | designated automatic voter registration agencies, and | 6 | | community organizations, shall adopt rules as necessary to | 7 | | implement the provisions of this Section.
| 8 | | (Source: P.A. 100-464, eff. 8-28-17.) | 9 | | (10 ILCS 5/1A-16.8) | 10 | | Sec. 1A-16.8. Automatic transfer of registration based | 11 | | upon information from the National Change of Address database | 12 | | and designated automatic voter registration agencies. | 13 | | (a) The State Board of Elections shall cross-reference the | 14 | | statewide voter registration database against the United | 15 | | States Postal Service's National Change of Address database | 16 | | twice each calendar year, April 15 and October 1 in | 17 | | odd-numbered years and April 15 and December 1 in | 18 | | even-numbered years or with the same frequency as in | 19 | | subsection (b) of this Section, and shall share the findings | 20 | | with the election authorities. | 21 | | (b) In addition, beginning no later than September 1, | 22 | | 2017, the State Board of Elections shall utilize data provided | 23 | | as part of its membership in the Electronic Registration | 24 | | Information Center in order to cross-reference the statewide | 25 | | voter registration database against databases of relevant |
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| 1 | | personal information kept by designated automatic voter | 2 | | registration agencies, including, but not limited to, driver's | 3 | | license information kept by the Secretary of State, at least 6 | 4 | | times each calendar year and shall share the findings with | 5 | | election authorities. | 6 | | This subsection (b) shall no longer apply once Sections | 7 | | 1A-16.1 and 1A-16.2 of this Code are fully implemented as | 8 | | determined by the State Board of Elections. Upon a | 9 | | determination by the State Board of Elections of full | 10 | | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, | 11 | | the State Board of Elections shall file notice of full | 12 | | implementation and the inapplicability of this subsection (b) | 13 | | with the Index Department of the Office of the Secretary of | 14 | | State, the Governor, the General Assembly, and the Legislative | 15 | | Reference Bureau. | 16 | | (b-5) The State Board of Elections shall not be required | 17 | | to share any data on any voter attained using the National | 18 | | Change of Address database under subsection (a) of this | 19 | | Section if that voter has a more recent government transaction | 20 | | indicated using the cross-reference under subsection (b) of | 21 | | this Section. If there is contradictory or unclear data | 22 | | between data obtained under subsections (a) and (b) of this | 23 | | Section, then data obtained under subsection (b) of this | 24 | | Section shall take priority. | 25 | | (c) An election authority shall automatically register any | 26 | | voter who has moved into its jurisdiction from another |
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| 1 | | jurisdiction in Illinois or has moved within its jurisdiction | 2 | | provided that: | 3 | | (1) the election authority whose jurisdiction includes | 4 | | the new registration address provides the voter an | 5 | | opportunity to reject the change in registration address | 6 | | through a mailing, sent by non-forwardable mail, to the | 7 | | new registration address, and | 8 | | (2) when the election authority whose jurisdiction | 9 | | includes the previous registration address is a different | 10 | | election authority, then that election authority provides | 11 | | the same opportunity through a mailing, sent by | 12 | | forwardable mail, to the previous registration address. | 13 | | This change in registration shall trigger the same | 14 | | inter-jurisdictional or intra-jurisdictional workflows as if | 15 | | the voter completed a new registration card, including the | 16 | | cancellation of the voter's previous registration. Should the | 17 | | registration of a voter be changed from one address to another | 18 | | within the State and should the voter appear at the polls and | 19 | | offer to vote from the prior registration address, attesting | 20 | | that the prior registration address is the true current | 21 | | address, the voter, if confirmed by the election authority as | 22 | | having been registered at the prior registration address and | 23 | | canceled only by the process authorized by this Section, shall | 24 | | be issued a regular ballot, and the change of registration | 25 | | address shall be canceled. If the election authority is unable | 26 | | to immediately confirm the registration, the voter shall be |
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| 1 | | permitted to register and vote a regular ballot, provided that | 2 | | he or she meets the documentary requirements for same-day | 3 | | registration. If the election authority is unable to confirm | 4 | | the registration and the voter does not meet the requirements | 5 | | for same-day registration, the voter shall be issued a | 6 | | provisional ballot. | 7 | | (c-5) An agency that does not collect or cross-reference
| 8 | | reliable personal information indicating citizenship status | 9 | | may enter into an agreement with the State Board of Elections | 10 | | to transmit information that shall serve only to update an | 11 | | applicant's existing voter registration record. The agency | 12 | | shall transmit information on all clients who may be | 13 | | registered to vote with a clear indication that the | 14 | | information shall be used only for updates. The State Board of | 15 | | Elections shall determine which applicants are already | 16 | | registered to vote and, for any voter whose information | 17 | | provided to the agency differs from that on the voter | 18 | | registration record, provide that information to the voter's | 19 | | local election authority who shall update a registered voter's | 20 | | records in accordance with the procedures in Section 1A-16.7. | 21 | | The State Board of Election and local election authority shall | 22 | | take no action under this subsection for any applicant not | 23 | | already registered to vote.
| 24 | | (d) No voter shall be disqualified from voting due to an | 25 | | error relating to an update of registration under this | 26 | | Section. |
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| 1 | | (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
| 2 | | Section 10. The Illinois Vehicle Code is amended by | 3 | | changing Section 2-105 as follows:
| 4 | | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
| 5 | | Sec. 2-105. Offices of Secretary of State. | 6 | | (a) The Secretary of State shall maintain offices in the | 7 | | State capital and
in such other places in the State as he may | 8 | | deem necessary to properly
carry out the powers and duties | 9 | | vested in him.
| 10 | | (b) The Secretary of State may construct and equip one or | 11 | | more buildings in
the State of Illinois outside of the County | 12 | | of Sangamon as he deems
necessary to properly carry out the | 13 | | powers and duties vested in him. The
Secretary of State may, on | 14 | | behalf of the State of Illinois, acquire public
or private | 15 | | property needed therefor by lease, purchase or eminent domain.
| 16 | | The care, custody and control of such sites and buildings | 17 | | constructed
thereon shall be vested in the Secretary of State. | 18 | | Expenditures for the
construction and equipping of any of such | 19 | | buildings upon premises owned by
another public entity shall | 20 | | not be subject to the provisions of any State
law requiring | 21 | | that the State be vested with absolute fee title to the
| 22 | | premises. The exercise of the authority vested in the | 23 | | Secretary of State by
this Section is subject to the | 24 | | appropriation of the necessary funds.
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| 1 | | (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of | 2 | | the Election Code,
the Secretary of State shall make driver | 3 | | services facilities available for use as places of accepting | 4 | | applications for voter registration.
| 5 | | (d) (Blank).
| 6 | | (e) Each person applying at a driver services facility for | 7 | | a driver's
license or permit, a corrected driver's license or | 8 | | permit, an Illinois
identification card or a corrected | 9 | | Illinois identification card
shall be notified, under the | 10 | | procedures set forth in Sections 1A-16.1 and 1A-16.7 of the | 11 | | Election Code, that unless he or she affirmatively declines, | 12 | | his or her personal information shall be transferred to the | 13 | | State Board of Elections for the purpose of creating an | 14 | | electronic voter registration application. Such notification | 15 | | may be made in
writing or verbally issued by an employee or the | 16 | | Secretary of State.
| 17 | | The Secretary of State shall promulgate such rules as may | 18 | | be necessary
for the efficient execution of his duties and the | 19 | | duties of his employees
under this Section.
| 20 | | (f) Any person applying at a driver services facility for | 21 | | issuance or renewal of a driver's license or Illinois | 22 | | Identification Card shall be provided, without charge, with a | 23 | | brochure warning the person of the dangers of financial | 24 | | identity theft. The Department of Financial and Professional | 25 | | Regulation shall prepare these brochures and provide them to | 26 | | the Secretary of State for distribution. The brochures shall |
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| 1 | | (i) identify signs warning the reader that he or she might be | 2 | | an intended victim of the crime of financial identity theft, | 3 | | (ii) instruct the reader in how to proceed if the reader | 4 | | believes that he or she is the victim of the crime of identity | 5 | | theft, and (iii) provide the reader with names and telephone | 6 | | numbers of law enforcement and other governmental agencies | 7 | | that provide assistance to victims of financial identity | 8 | | theft. | 9 | | (g) The changes made by this amendatory Act of the 100th | 10 | | General Assembly shall be implemented no later than July 1, | 11 | | 2018. | 12 | | (Source: P.A. 100-464, eff. 8-28-17.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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