Bill Amendment: IL SB0250 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GOVT AGENCY VOTER REGISTRATION
Status: 2016-12-01 - Total Veto Stands [SB0250 Detail]
Download: Illinois-2015-SB0250-Senate_Amendment_001.html
Bill Title: GOVT AGENCY VOTER REGISTRATION
Status: 2016-12-01 - Total Veto Stands [SB0250 Detail]
Download: Illinois-2015-SB0250-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 250
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2 | AMENDMENT NO. ______. Amend Senate Bill 250 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 1A-16.5 and 1A-16.6 as follows:
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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 | ||||||
9 | maintain a system for online voter registration that permits a | ||||||
10 | person to apply to register to vote or to update his or her | ||||||
11 | existing voter registration. In accordance with technical | ||||||
12 | specifications provided by the State Board of Elections, each | ||||||
13 | election authority shall maintain a voter registration system | ||||||
14 | capable of receiving and processing voter registration | ||||||
15 | application information, including electronic signatures, from | ||||||
16 | the online voter registration system established by the State |
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1 | Board of Elections. | ||||||
2 | (b) The online voter registration system shall employ | ||||||
3 | security measures to ensure the accuracy and integrity of voter | ||||||
4 | registration applications submitted electronically pursuant to | ||||||
5 | this Section. | ||||||
6 | (c) The Board may receive voter registration information | ||||||
7 | provided by applicants using the State Board of Elections' | ||||||
8 | website, may cross reference that information with data or | ||||||
9 | information contained in the Secretary of State's database in | ||||||
10 | order to match the information submitted by applicants, and may | ||||||
11 | receive from the Secretary of State the applicant's digitized | ||||||
12 | signature upon a successful match of that applicant's | ||||||
13 | information with that contained in the Secretary of State's | ||||||
14 | database. | ||||||
15 | (d) Notwithstanding any other provision of law, a person | ||||||
16 | who is qualified to register to vote and who has an authentic | ||||||
17 | Illinois driver's license or State identification card issued | ||||||
18 | by the Secretary of State may submit an application to register | ||||||
19 | to vote electronically on a website maintained by the State | ||||||
20 | Board of Elections. | ||||||
21 | (e) An online voter registration application shall contain | ||||||
22 | all of the information that is required for a paper application | ||||||
23 | as provided in Section 1A-16 of this Code, except that the | ||||||
24 | applicant shall be required to provide: | ||||||
25 | (1) the applicant's full Illinois driver's license or | ||||||
26 | State identification card number; |
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1 | (2) the last 4 digits of the applicant's social | ||||||
2 | security number; and | ||||||
3 | (3) the date the Illinois driver's license or State | ||||||
4 | identification card was issued. | ||||||
5 | (f) For an applicant's registration or change in | ||||||
6 | registration to be accepted, the applicant shall mark the box | ||||||
7 | associated with the following statement included as part of the | ||||||
8 | online voter registration application: | ||||||
9 | "By clicking on the box below, I swear or affirm all of the | ||||||
10 | following: | ||||||
11 | (1) I am the person whose name and identifying information | ||||||
12 | is provided on this form, and I desire to register to vote in | ||||||
13 | the State of Illinois. | ||||||
14 | (2) All the information I have provided on this form is | ||||||
15 | true and correct as of the date I am submitting this form. | ||||||
16 | (3) I authorize the Secretary of State to transmit to the | ||||||
17 | State Board of Elections my signature that is on file with the | ||||||
18 | Secretary of State and understand that such signature will be | ||||||
19 | used by my local election authority on this online voter | ||||||
20 | registration application for admission as an elector as if I | ||||||
21 | had signed this form personally.". | ||||||
22 | (g) Immediately upon receiving a completed online voter | ||||||
23 | registration application, the online voter registration system | ||||||
24 | shall send, by electronic mail, a confirmation notice that the | ||||||
25 | application has been received. Within 48 hours of receiving | ||||||
26 | such an application, the online voter registration system shall |
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1 | send by electronic mail, a notice informing the applicant of | ||||||
2 | whether the following information has been matched with the | ||||||
3 | Secretary of State database: | ||||||
4 | (1) that the applicant has an authentic Illinois | ||||||
5 | driver's license or State identification card issued by the | ||||||
6 | Secretary of State and that the driver's license or State | ||||||
7 | identification number provided by the applicant matches | ||||||
8 | the driver's license or State identification card number | ||||||
9 | for that person on file with the Secretary of State; | ||||||
10 | (2) that the date of issuance of the Illinois driver's | ||||||
11 | license or State identification card listed on the | ||||||
12 | application matches the date of issuance of that card for | ||||||
13 | that person on file with the Secretary of State; | ||||||
14 | (3) that the date of birth provided by the applicant | ||||||
15 | matches the date of birth for that person on file with the | ||||||
16 | Secretary of State; and | ||||||
17 | (4) that the last 4 digits of the applicant's social | ||||||
18 | security number matches the last 4 digits for that person | ||||||
19 | on file with the Secretary of State. | ||||||
20 | (h) If the information provided by the applicant matches | ||||||
21 | the information on the Secretary of State's databases for any | ||||||
22 | driver's license and State identification card holder and is | ||||||
23 | matched as provided in subsection (g) above, the online voter | ||||||
24 | registration system shall: | ||||||
25 | (1) retrieve from the Secretary of State's database | ||||||
26 | files an electronic copy of the applicant's signature from |
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1 | his or her Illinois driver's license or State | ||||||
2 | identification card and such signature shall be deemed to | ||||||
3 | be the applicant's signature on his or her online voter | ||||||
4 | registration application; | ||||||
5 | (2) within 2 days of receiving the application, forward | ||||||
6 | to the county clerk or board of election commissioners | ||||||
7 | having jurisdiction over the applicant's voter | ||||||
8 | registration: (i) the application, along with the | ||||||
9 | applicant's relevant data that can be directly loaded into | ||||||
10 | the jurisdiction's voter registration system and (ii) a | ||||||
11 | copy of the applicant's electronic signature and a | ||||||
12 | certification from the State Board of Elections that the | ||||||
13 | applicant's driver's license or State identification card | ||||||
14 | number, driver's license or State identification card date | ||||||
15 | of issuance, and date of birth and social security | ||||||
16 | information have been successfully matched. | ||||||
17 | (i) Upon receipt of the online voter registration | ||||||
18 | application, the county clerk or board of election | ||||||
19 | commissioners having jurisdiction over the applicant's voter | ||||||
20 | registration shall promptly search its voter registration | ||||||
21 | database to determine whether the applicant is already | ||||||
22 | registered to vote at the address on the application and | ||||||
23 | whether the new registration would create a duplicate | ||||||
24 | registration. If the applicant is already registered to vote at | ||||||
25 | the address on the application, the clerk or board, as the case | ||||||
26 | may be, shall send the applicant by first class mail, and |
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1 | electronic mail if the applicant has provided an electronic | ||||||
2 | mail address on the original voter registration form for that | ||||||
3 | address, a disposition notice as otherwise required by law | ||||||
4 | informing the applicant that he or she is already registered to | ||||||
5 | vote at such address. If the applicant is not already | ||||||
6 | registered to vote at the address on the application and the | ||||||
7 | applicant is otherwise eligible to register to vote, the clerk | ||||||
8 | or board, as the case may be, shall: | ||||||
9 | (1) enter the name and address of the applicant on the | ||||||
10 | list of registered voters in the jurisdiction; and | ||||||
11 | (2) send by mail, and electronic mail if the applicant | ||||||
12 | has provided an electronic mail address on the voter | ||||||
13 | registration form, a disposition notice to the applicant as | ||||||
14 | otherwise provided by law setting forth the applicant's | ||||||
15 | name and address as it appears on the application and | ||||||
16 | stating that the person is registered to vote. | ||||||
17 | (j) An electronic signature of the person submitting a | ||||||
18 | duplicate registration application or a change of address form | ||||||
19 | that is retrieved and imported from the Secretary of State's | ||||||
20 | driver's license or State identification card database as | ||||||
21 | provided herein may, in the discretion of the clerk or board, | ||||||
22 | be substituted for and replace any existing signature for that | ||||||
23 | individual in the voter registration database of the county | ||||||
24 | clerk or board of election commissioners. | ||||||
25 | (k) Any new registration or change of address submitted | ||||||
26 | electronically as provided in this Section shall become |
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1 | effective as of the date it is received by the county clerk or | ||||||
2 | board of election commissioners having jurisdiction over said | ||||||
3 | registration. Disposition notices prescribed in this Section | ||||||
4 | shall be sent within 5 business days of receipt of the online | ||||||
5 | application or change of address by the county clerk or board | ||||||
6 | of election commissioners. | ||||||
7 | (l) All provisions of this Code governing voter | ||||||
8 | registration and applicable thereto and not inconsistent with | ||||||
9 | this Section shall apply to online voter registration under | ||||||
10 | this Section. All applications submitted on a website | ||||||
11 | maintained by the State Board of Elections shall be deemed | ||||||
12 | timely filed if they are submitted no later than 11:59 p.m. on | ||||||
13 | the final day for voter registration prior to an election. | ||||||
14 | After the registration period for an upcoming election has | ||||||
15 | ended and until the 2nd day following such election, the web | ||||||
16 | page containing the online voter registration form on the State | ||||||
17 | Board of Elections website shall inform users of the procedure | ||||||
18 | for grace period voting. | ||||||
19 | (m) The State Board of Elections shall maintain a list of | ||||||
20 | the name, street address, e-mail address, and likely precinct, | ||||||
21 | ward, township, and district numbers, as the case may be, of | ||||||
22 | people who apply to vote online through the voter registration | ||||||
23 | system and those names and that information shall be stored in | ||||||
24 | an electronic format on its website, arranged by county and | ||||||
25 | accessible to State and local political committees. | ||||||
26 | (n) The Illinois State Board of Elections shall develop or |
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1 | cause to be developed an online voter registration system able | ||||||
2 | to be accessed by at least the top two most used mobile | ||||||
3 | electronic operating systems by January 1, 2016. | ||||||
4 | (o) (Blank).
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5 | (p) Each State department that maintains an Internet | ||||||
6 | website must include a hypertext link to the homepage website | ||||||
7 | maintained and operated pursuant to this Section 1A-16.5. For | ||||||
8 | the purposes of this Section, "State department" means the | ||||||
9 | departments of State Government listed in Section 5-15 of the | ||||||
10 | Civil Administrative Code of Illinois (General Provisions and | ||||||
11 | Departments of State Government). | ||||||
12 | (q) The State Board of Elections shall allow the online | ||||||
13 | voter registration system to receive data from designated | ||||||
14 | government agencies as defined in Section 1A-16.6 of this Code. | ||||||
15 | (Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; | ||||||
16 | 98-1171, eff. 6-1-15 .)
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17 | (10 ILCS 5/1A-16.6) | ||||||
18 | Sec. 1A-16.6. Government agency voter registration. | ||||||
19 | (a) By April 1, 2016, the State Board of Elections shall | ||||||
20 | establish and maintain a portal for government agency | ||||||
21 | registration that permits an eligible person to electronically | ||||||
22 | apply to register to vote or to update his or her existing | ||||||
23 | voter registration whenever he or she conducts business, either | ||||||
24 | online or in person, with a designated government agency. The | ||||||
25 | portal shall interface with the online voter registration |
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1 | system established in Section 1A-16.5 of this Code and shall be | ||||||
2 | capable of receiving and processing voter registration | ||||||
3 | application information, including electronic signatures, from | ||||||
4 | a designated government agency. The State Board of Elections | ||||||
5 | shall modify the online voter registration system as necessary | ||||||
6 | to implement this Section. | ||||||
7 | Voter registration data received from a designated | ||||||
8 | government agency through the online registration system shall | ||||||
9 | be processed as provided for in Section 1A-16.5 of this Code. | ||||||
10 | Whenever the registration interface is accessible to the | ||||||
11 | general public, including, but not limited to, online | ||||||
12 | transactions, the interface shall allow the applicant to | ||||||
13 | complete the process as provided for in Section 1A-16.5 of this | ||||||
14 | Code. The online interface shall be capable of providing the | ||||||
15 | applicant with the applicant's voter registration status with | ||||||
16 | the State Board of Elections and, if registered, the | ||||||
17 | applicant's current registration address. The applicant shall | ||||||
18 | not be required to re-enter any registration data, such as | ||||||
19 | name, address, and birth date, if the designated government | ||||||
20 | agency already has that information on file. The applicant | ||||||
21 | shall be informed that by choosing to register to vote or to | ||||||
22 | update his or her existing voter registration, the applicant | ||||||
23 | consents to the transfer of the applicant's personal | ||||||
24 | information to the State Board of Elections. | ||||||
25 | (a-5) Whenever a government employee serves a member of the | ||||||
26 | public in an interaction that simultaneously serves as a voter |
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1 | registration application is accessing the registration system | ||||||
2 | while servicing the applicant , except as provided in | ||||||
3 | subsections (a-15) and (a-50) of this Section, the government | ||||||
4 | employee shall notify the applicant of the applicant's | ||||||
5 | registration status with the State Board of Elections and, if | ||||||
6 | registered, the applicant's current registration address. The | ||||||
7 | government employee shall inform the applicant of the | ||||||
8 | eligibility requirements for voter registration including | ||||||
9 | citizenship, of the penalties for submitting a false voter | ||||||
10 | registration application, that the agency at which he or she | ||||||
11 | applies to register to vote shall be confidential, that | ||||||
12 | declining to register to vote shall be confidential, and that | ||||||
13 | registering to vote or declining to register to vote shall not | ||||||
14 | affect an applicant's entitlement to any benefits. The | ||||||
15 | government employee shall not request duplicative information | ||||||
16 | other than a signature and shall request additional information | ||||||
17 | only if necessary to prevent duplicate voter registrations and | ||||||
18 | enable the government employee to assess the eligibility of the | ||||||
19 | applicant or to administer the election process. The government | ||||||
20 | employee shall provide the applicant with the opportunity to | ||||||
21 | attest under penalty of perjury that he or she meets the | ||||||
22 | eligibility requirements for voter registration. The applicant | ||||||
23 | shall not be required to disclose his or her citizenship status | ||||||
24 | or provide a reason for declining to attest that he or she | ||||||
25 | meets the eligibility requirements for voter registration. If | ||||||
26 | the applicant elects to register to vote or to update his or |
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1 | her existing voter registration, the government employee shall | ||||||
2 | collect the needed information and assist the applicant with | ||||||
3 | his or her registration. The applicant shall be informed that | ||||||
4 | by choosing to register to vote or to update his or her | ||||||
5 | existing voter registration, the applicant consents to the | ||||||
6 | transfer of the applicant's personal information to the State | ||||||
7 | Board of Elections. | ||||||
8 | (a-10) If the applicant's voter registration application | ||||||
9 | information collected by the designated government agency | ||||||
10 | during the transaction indicates that the applicant is | ||||||
11 | qualified to register to vote in Illinois and the applicant has | ||||||
12 | attested that he or she is so qualified, then the designated | ||||||
13 | government agency shall electronically transmit the | ||||||
14 | applicant's voter registration application information to the | ||||||
15 | State Board of Elections for voter registration purposes as | ||||||
16 | provided for under Section 1A-16.5 of this Code. If the | ||||||
17 | applicant's voter registration application information | ||||||
18 | indicates that the applicant is qualified to register to vote | ||||||
19 | in Illinois but the applicant has not attested to his or her | ||||||
20 | qualifications under penalty of perjury, the designated | ||||||
21 | government agency shall electronically transmit all | ||||||
22 | information relevant to voter registration to the State Board | ||||||
23 | of Elections for identification and registration of additional | ||||||
24 | eligible but unregistered persons. | ||||||
25 | (a-15) If the applicant's voter registration application | ||||||
26 | information collected by the designated government agency |
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1 | during the transaction reliably indicates that the applicant is | ||||||
2 | not qualified to vote as shown by a current green card or other | ||||||
3 | legal proof that the applicant is not a citizen, then the | ||||||
4 | designated government agency need not provide the applicant | ||||||
5 | with voter registration information and shall not | ||||||
6 | electronically transmit the applicant's voter registration | ||||||
7 | application information to the State Board of Elections for | ||||||
8 | voter registration purposes. | ||||||
9 | (a-20) If the applicant's voter registration application | ||||||
10 | information collected by the designated government agency | ||||||
11 | during the transaction does not make it clear whether or not | ||||||
12 | the applicant is qualified to register to vote in Illinois, the | ||||||
13 | applicant's attestation under penalty of perjury that he or she | ||||||
14 | meets the eligibility requirements for voter registration | ||||||
15 | shall be deemed sufficient to qualify the applicant to register | ||||||
16 | to vote and the designated government agency shall | ||||||
17 | electronically transmit the applicant's voter registration | ||||||
18 | application information to the State Board of Elections for | ||||||
19 | voter registration purposes as provided for under Section | ||||||
20 | 1A-16.5 of this Code. | ||||||
21 | (a-25) If information transferred pursuant to this Section | ||||||
22 | reflects a person not included on the statewide voter | ||||||
23 | registration list, and if the available information reliably | ||||||
24 | indicates that the person meets the qualifications to vote in | ||||||
25 | Illinois, the State Board of Elections shall ensure that the | ||||||
26 | applicant is registered as a voter and added to the statewide |
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1 | voter registration list as provided for in Section 1A-16.5 of | ||||||
2 | this Code. | ||||||
3 | (a-30) If the information transferred pursuant to this | ||||||
4 | Section reflects a person already included on the statewide | ||||||
5 | voter registration list, and if the information reliably | ||||||
6 | indicates a more recent update to the person's name or address, | ||||||
7 | the State Board of Elections shall ensure that the person's | ||||||
8 | records on the statewide voter registration list are updated | ||||||
9 | accordingly as provided for in Section 1A-16.5 of this Code. | ||||||
10 | (a-35) The State Board of Elections shall ensure that any | ||||||
11 | applicant who is registered to vote or whose existing voter | ||||||
12 | registration is updated under this Section is promptly sent | ||||||
13 | written notice of the change. The notice may be sent by | ||||||
14 | electronic mail if the applicant has provided an electronic | ||||||
15 | mail address on the voter registration form. The notice | ||||||
16 | required by this subsection (a-35) may be sent or combined with | ||||||
17 | other notices required or permitted by law, including, but not | ||||||
18 | limited to, any notices sent pursuant to Section 1A-16.5 of | ||||||
19 | this Code. Any notice required by this subsection (a-35) shall | ||||||
20 | contain, at a minimum: | ||||||
21 | (1) the voter's name, date of birth, and residential | ||||||
22 | address as reflected on the voter registration list; | ||||||
23 | (2) a statement that the voter's registration | ||||||
24 | information has been updated automatically; | ||||||
25 | (3) a statement of the qualifications to be a voter; | ||||||
26 | (4) a statement that it is illegal for a person who is |
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1 | not qualified to be a voter to vote in an election, which | ||||||
2 | shall be printed in larger text than the rest of the | ||||||
3 | notice; | ||||||
4 | (5) a statement notifying the voter to contact the | ||||||
5 | State Board of Elections or the local election authority if | ||||||
6 | he or she does not meet the qualifications to be a voter; | ||||||
7 | (6) a statement notifying the voter to contact the | ||||||
8 | State Board of Elections or the local election authority if | ||||||
9 | his or her voter registration has been updated in error; | ||||||
10 | (7) a statement notifying the voter that he or she may | ||||||
11 | opt out of voter registration, or request a change to | ||||||
12 | registration information, at any time by contacting an | ||||||
13 | election official; | ||||||
14 | (8) contact information for the State Board of | ||||||
15 | Elections, including a phone number, address, electronic | ||||||
16 | mail address, and website address; | ||||||
17 | (9) contact information for the local election | ||||||
18 | authority, if applicable, including a phone number, | ||||||
19 | address, electronic mail address, and website address; and | ||||||
20 | (10) any other information that the State Board of | ||||||
21 | Elections deems necessary to fulfill the obligations of | ||||||
22 | this Section or local, State, or federal law. | ||||||
23 | (a-40) The State Board of Elections shall ensure that any | ||||||
24 | applicant whose voter registration application is not accepted | ||||||
25 | or deemed incomplete, even though his or her information was | ||||||
26 | transmitted by a designated government agency, is promptly sent |
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1 | written notice of the application's status. The notice may be | ||||||
2 | sent by electronic mail if the applicant has provided an | ||||||
3 | electronic mail address on the voter registration form. The | ||||||
4 | notice required by this subsection (a-40) may be sent or | ||||||
5 | combined with other notices required or permitted by law, | ||||||
6 | including, but not limited to, any notices sent pursuant to | ||||||
7 | Section 1A-16.5 of this Code. Any notice required by this | ||||||
8 | subsection (a-40) shall contain, at a minimum, the reason the | ||||||
9 | application was not accepted or deemed incomplete and contact | ||||||
10 | information for the State Board of Elections, including a phone | ||||||
11 | number, address, electronic mail address, and website address. | ||||||
12 | (a-45) If a designated government agency electronically | ||||||
13 | transmits to the State Board of Elections or any other election | ||||||
14 | authority the record and signature of a person who does not | ||||||
15 | qualify as an eligible voter, it shall not constitute a | ||||||
16 | completed voter registration form, and the person shall not be | ||||||
17 | considered to have registered to vote. If such registration is | ||||||
18 | processed by the State Board of Elections or other election | ||||||
19 | authority, it shall be presumed to have been effected and | ||||||
20 | officially authorized by the State and that person shall not be | ||||||
21 | found on that basis to have made a false claim to citizenship | ||||||
22 | or to have committed an act of moral turpitude, nor shall that | ||||||
23 | person be subject to penalty under any relevant laws, | ||||||
24 | including, but not limited to, Sections 29-10 and 29-19 of this | ||||||
25 | Code. | ||||||
26 | (a-50) No employee of a designated government agency shall |
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1 | transmit to the State Board of Elections voter registration | ||||||
2 | application information for any person who applies for or is | ||||||
3 | issued a temporary visitor's driver's license pursuant to | ||||||
4 | Section 6-105.1 of the Illinois Vehicle Code. | ||||||
5 | (a-55) Notwithstanding any other provision of law to the | ||||||
6 | contrary, a person who is at least 16 years of age and | ||||||
7 | otherwise meets all eligibility requirements for voters may | ||||||
8 | pre-register to vote. Applicants who are at least 16 years of | ||||||
9 | age shall be deemed competent to execute and attest to any | ||||||
10 | voter registration forms. A registration made pursuant to this | ||||||
11 | subsection (a-55) shall be deemed effective as of the date the | ||||||
12 | applicant is qualified to vote pursuant to Section 3-6 of this | ||||||
13 | Code. When the pre-registrant is qualified to vote, the State | ||||||
14 | Board of Elections shall automatically generate a notice and | ||||||
15 | mail it to the pre-registrant at the address at which he or she | ||||||
16 | pre-registered or any updated address to notify the | ||||||
17 | pre-registrant of his or her eligibility to vote in the next | ||||||
18 | election. The notice may be sent by electronic mail if the | ||||||
19 | pre-registrant has provided an electronic mail address on the | ||||||
20 | voter registration form. | ||||||
21 | (a-60) In the event that the registration of a voter is | ||||||
22 | changed from one address to another within the State and the | ||||||
23 | voter appears at the polls and offers to vote from the prior | ||||||
24 | registration address, attesting that the prior registration | ||||||
25 | address is the true current address, the voter, if confirmed by | ||||||
26 | the election authority as having been registered at the prior |
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1 | registration address and canceled only by the process | ||||||
2 | authorized by this Section, shall be issued a regular ballot, | ||||||
3 | and the change of registration address shall be canceled. If | ||||||
4 | the election authority is unable to immediately confirm the | ||||||
5 | registration, the voter shall be permitted to register at the | ||||||
6 | polling place if he or she meets the requirements for same-day | ||||||
7 | registration. If the election authority is unable to confirm | ||||||
8 | the registration and the voter does not meet the requirements | ||||||
9 | for same-day registration, the voter shall be issued a | ||||||
10 | provisional ballot and the provisional ballot shall be counted | ||||||
11 | as provided for under Article 18A of this Code. No voter shall | ||||||
12 | be disqualified from voting due to an error relating to an | ||||||
13 | update of registration made under this Section. | ||||||
14 | (a-65) In accordance with technical specifications | ||||||
15 | provided by the State Board of Elections, each designated | ||||||
16 | government agency shall maintain a data transfer mechanism | ||||||
17 | capable of transmitting voter registration application | ||||||
18 | information, including electronic signatures where available, | ||||||
19 | to the online voter registration system established in Section | ||||||
20 | 1A-16.5 of this Code. Each designated government agency shall | ||||||
21 | establish and operate a voter registration system capable of | ||||||
22 | transmitting voter registration application information to the | ||||||
23 | portal as described in this Section by July 1, 2016. | ||||||
24 | (b) Whenever an applicant's data is transferred from a | ||||||
25 | designated government agency, the agency must transmit a | ||||||
26 | signature image if available. If no signature image was |
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1 | provided by the agency or if no signature image is available in | ||||||
2 | the Secretary of State's database or the statewide voter | ||||||
3 | registration database, the applicant must be notified that | ||||||
4 | their registration will remain in a pending status and the | ||||||
5 | applicant will be required to provide identification and a | ||||||
6 | signature to the election authority on Election Day in the | ||||||
7 | polling place or during early voting. | ||||||
8 | (b-5) The State Board of Elections shall establish | ||||||
9 | procedures to protect the confidentiality of voter information | ||||||
10 | acquired from designated government agencies. The following | ||||||
11 | items shall be designated as confidential: any portion of an | ||||||
12 | applicant's Social Security number, any portion of an | ||||||
13 | applicant's motor vehicle driver's license number or State | ||||||
14 | identification card number, any applicant's signature, and the | ||||||
15 | personal residence and contact information of any applicant for | ||||||
16 | whom local, State, or federal law requires confidentiality, | ||||||
17 | including, but not limited to, a victim of domestic violence | ||||||
18 | pursuant to the Address Confidentiality for Victims of Domestic | ||||||
19 | Violence Act or a victim of stalking pursuant to the Stalking | ||||||
20 | No Contact Order Act. The identity of the designated government | ||||||
21 | agency providing information under this Section relating to any | ||||||
22 | applicant shall not be disclosed to the public and shall be | ||||||
23 | used only for voter registration purposes. | ||||||
24 | (c) The voter registration procedures implemented under | ||||||
25 | this Section shall comport with the federal National Voter | ||||||
26 | Registration Act of 1993, as amended, and shall specifically |
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1 | require that the The State Board of Elections shall track | ||||||
2 | registration data received through the online registration | ||||||
3 | system that originated from a designated government agency for | ||||||
4 | the purposes of maintaining statistics required by the federal | ||||||
5 | National Voter Registration Act of 1993, as amended . | ||||||
6 | (c-5) Once annually, all designated government agencies | ||||||
7 | under this Section shall cross-reference records containing | ||||||
8 | voter registration information for the purpose of updating the | ||||||
9 | statewide voter registration list and registering individuals | ||||||
10 | whose records show that they are qualified to vote in Illinois. | ||||||
11 | Each agency shall electronically submit any updated voter | ||||||
12 | registration records or voter registration applications to the | ||||||
13 | State Board of Elections for voter registration purposes as | ||||||
14 | provided for under Section 1A-16.5 of this Code. The State | ||||||
15 | Board of Elections shall ensure that any applicant who is | ||||||
16 | registered to vote or whose voter registration is updated under | ||||||
17 | this subsection (c-5) is promptly sent written notice of the | ||||||
18 | change as provided in subsection (a-35). The State Board of | ||||||
19 | Elections, in consultation with designated government | ||||||
20 | agencies, shall adopt such rules and regulations as necessary | ||||||
21 | to establish procedures for cross-referencing and updating | ||||||
22 | records containing voter registration information. | ||||||
23 | (d) The State Board of Elections shall submit an annual | ||||||
24 | public a report to the General Assembly and the Governor by | ||||||
25 | December 1, 2015 detailing the progress made to implement the | ||||||
26 | government agency voter registration portal described in this |
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1 | Section. The report shall include all of the following: the | ||||||
2 | number of records transferred under this Section by agency, the | ||||||
3 | number of voters newly added to the statewide voter | ||||||
4 | registration list because of records transferred under this | ||||||
5 | Section by agency, the number of updated registrations under | ||||||
6 | this Section by agency, the number of persons who opted out of | ||||||
7 | voter registration, and the number of voters who submitted | ||||||
8 | voter registration forms using the online procedure described | ||||||
9 | in Section 1A-16.5 of this Code. Any report produced under this | ||||||
10 | subsection (d) shall exclude any information that identifies | ||||||
11 | any individual personally. | ||||||
12 | (d-5) The State Board of Elections shall, in consultation | ||||||
13 | with community organizations and local election authorities, | ||||||
14 | develop and implement a plan for educating the public about the | ||||||
15 | new registration procedures described in this Section. All | ||||||
16 | written materials may meet, but shall not exceed, the sixth | ||||||
17 | grade literacy level and shall be provided in English and | ||||||
18 | Spanish. Components of the voter education plan may include: | ||||||
19 | mailings to all known citizens; use of social media; emails to | ||||||
20 | voters with known email addresses; newspaper, radio, and | ||||||
21 | television advertisements, including ethnic media and outlets | ||||||
22 | with a wide public reach; production of educational brochures | ||||||
23 | and flyers to be made available for dissemination by local | ||||||
24 | elections officials, community organizations, civic groups, | ||||||
25 | religious institutions, institutions of higher learning, | ||||||
26 | including community colleges, and political parties; and an |
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1 | informational section on the website of the State Board of | ||||||
2 | Elections describing new laws and regulations and providing | ||||||
3 | copies of any educational materials produced under this | ||||||
4 | subsection (d-5). | ||||||
5 | (d-10) No later than 3 months after the effective date of | ||||||
6 | this amendatory Act of the 99th General Assembly, and during | ||||||
7 | the 2-year period beginning on the effective date of this | ||||||
8 | amendatory Act of the 99th General Assembly, the State Board of | ||||||
9 | Elections shall establish and convene for a meeting the | ||||||
10 | Automatic Voter Registration Implementation Advisory | ||||||
11 | Committee. The State Board of Elections shall meet on a | ||||||
12 | quarterly basis with the Advisory Committee, and each | ||||||
13 | designated government agency under this Section shall report to | ||||||
14 | the Advisory Committee on a quarterly basis. The Advisory | ||||||
15 | Committee shall be responsible for evaluating agency progress | ||||||
16 | in implementing this amendatory Act of the 99th General | ||||||
17 | Assembly, advising the State Board of Elections and designated | ||||||
18 | government agencies on implementation procedures, reviewing | ||||||
19 | and making recommendations on rulemaking under this Section, | ||||||
20 | and reviewing the annual report prepared under subsection (d) | ||||||
21 | of this Section. Advisory Committee meetings shall be subject | ||||||
22 | to the requirements of the Open Meetings Act. The Advisory | ||||||
23 | Committee shall consist of the following members, who shall | ||||||
24 | serve without compensation: | ||||||
25 | (1) two members appointed by the President of the | ||||||
26 | Senate, one of whom shall be a representative of a |
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1 | non-profit organization that advocates on behalf of | ||||||
2 | immigrants or New Americans; racial or ethnic minorities; | ||||||
3 | individuals with disabilities; women; or government reform | ||||||
4 | or civic engagement; | ||||||
5 | (2) two members appointed by the Minority Leader of the | ||||||
6 | Senate, one of whom shall be a representative of a | ||||||
7 | non-profit organization that advocates on behalf of | ||||||
8 | immigrants or New Americans; racial or ethnic minorities; | ||||||
9 | individuals with disabilities; women; or government reform | ||||||
10 | or civic engagement; | ||||||
11 | (3) one member appointed by the Speaker of the House of | ||||||
12 | Representatives; | ||||||
13 | (4) one member appointed by the Minority Leader of the | ||||||
14 | House of Representatives; | ||||||
15 | (5) one member appointed by the Attorney General; | ||||||
16 | (6) one member appointed by the Secretary of State; | ||||||
17 | (7) one member appointed by and agreed upon by a | ||||||
18 | majority of other designated government agencies under | ||||||
19 | this Section, including, but not limited to, the Department | ||||||
20 | of Human Services, the Department of Healthcare and Family | ||||||
21 | Services, the Department of Employment Security, and the | ||||||
22 | Department of Aging; and | ||||||
23 | (8) one member appointed by the Illinois Association of | ||||||
24 | County Clerks and Recorders. | ||||||
25 | The Advisory Committee shall elect a chairperson by | ||||||
26 | majority vote from among its members. |
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1 | (e) The State Board of Elections, in consultation with the | ||||||
2 | designated government agencies, shall adopt rules as necessary | ||||||
3 | to implement the provisions of this Section , in consultation | ||||||
4 | with the impacted agencies . | ||||||
5 | (e-5) Subsections (a-5) through (a-60) and subsections | ||||||
6 | (b-5) and (c-5) of this Section shall be implemented no later | ||||||
7 | than September 1, 2016 for all designated government agencies | ||||||
8 | maintained by the Secretary of State and no later than March 1, | ||||||
9 | 2017 for all other designated government agencies maintained by | ||||||
10 | the State. | ||||||
11 | (f) As used in this Section, a "designated government | ||||||
12 | agency" means the Secretary of State's Driver Services and | ||||||
13 | Vehicle Services Departments, the Department of Human | ||||||
14 | Services, the Department of Healthcare and Family Services, the | ||||||
15 | Department of Employment Security, and the Department on Aging , | ||||||
16 | any federal source that agrees to submit personal | ||||||
17 | identification information to the State for voter registration | ||||||
18 | purposes, and any other reliable State government source the | ||||||
19 | State Board of Elections may designate .
| ||||||
20 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
21 | Section 10. The Illinois Vehicle Code is amended by | ||||||
22 | changing Section 2-105 as follows:
| ||||||
23 | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
| ||||||
24 | Sec. 2-105. Offices of Secretary of State. |
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| |||||||
1 | (a) The Secretary of State shall maintain offices in the | ||||||
2 | State capital and
in such other places in the State as he may | ||||||
3 | deem necessary to properly
carry out the powers and duties | ||||||
4 | vested in him.
| ||||||
5 | (b) The Secretary of State may construct and equip one or | ||||||
6 | more buildings in
the State of Illinois outside of the County | ||||||
7 | of Sangamon as he deems
necessary to properly carry out the | ||||||
8 | powers and duties vested in him. The
Secretary of State may, on | ||||||
9 | behalf of the State of Illinois, acquire public
or private | ||||||
10 | property needed therefor by lease, purchase or eminent domain.
| ||||||
11 | The care, custody and control of such sites and buildings | ||||||
12 | constructed
thereon shall be vested in the Secretary of State. | ||||||
13 | Expenditures for the
construction and equipping of any of such | ||||||
14 | buildings upon premises owned by
another public entity shall | ||||||
15 | not be subject to the provisions of any State
law requiring | ||||||
16 | that the State be vested with absolute fee title to the
| ||||||
17 | premises. The exercise of the authority vested in the Secretary | ||||||
18 | of State by
this Section is subject to the appropriation of the | ||||||
19 | necessary funds.
| ||||||
20 | (c) Pursuant to Sections 1A-16.6 and Section 1A-25 of the | ||||||
21 | Election Code,
the Secretary of State shall make driver | ||||||
22 | services facilities available for use as places of accepting | ||||||
23 | applications for voter registration.
| ||||||
24 | (d) (Blank).
| ||||||
25 | (e) Each person applying at a driver services facility for | ||||||
26 | a driver's
license or permit, a corrected driver's license or |
| |||||||
| |||||||
1 | permit, an Illinois
identification card or a corrected Illinois | ||||||
2 | identification card
shall be notified , under the procedures set | ||||||
3 | forth in Section 1A-16.6 of the Election Code, that unless he | ||||||
4 | or she opts out that the person shall be registered may apply | ||||||
5 | to register to vote , and if his or her address has changed, his | ||||||
6 | or her voter registration information shall be updated to the | ||||||
7 | new address within this State at such station and may also | ||||||
8 | apply to
transfer his or her voter registration at such station | ||||||
9 | to a different address in the
State . Such notification may be | ||||||
10 | made in
writing or verbally issued by an employee or the | ||||||
11 | Secretary of State.
| ||||||
12 | The Secretary of State shall promulgate such rules as may | ||||||
13 | be necessary
for the efficient execution of his duties and the | ||||||
14 | duties of his employees
under this Section.
| ||||||
15 | (f) Any person applying at a driver services facility for | ||||||
16 | issuance or renewal of a driver's license or Illinois | ||||||
17 | Identification Card shall be provided, without charge, with a | ||||||
18 | brochure warning the person of the dangers of financial | ||||||
19 | identity theft. The Department of Financial and Professional | ||||||
20 | Regulation shall prepare these brochures and provide them to | ||||||
21 | the Secretary of State for distribution. The brochures shall | ||||||
22 | (i) identify signs warning the reader that he or she might be | ||||||
23 | an intended victim of the crime of financial identity theft, | ||||||
24 | (ii) instruct the reader in how to proceed if the reader | ||||||
25 | believes that he or she is the victim of the crime of identity | ||||||
26 | theft, and (iii) provide the reader with names and telephone |
| |||||||
| |||||||
1 | numbers of law enforcement and other governmental agencies that | ||||||
2 | provide assistance to victims of financial identity theft. | ||||||
3 | (Source: P.A. 97-81, eff. 7-5-11.)".
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