Rep. Mike Fortner
Filed: 5/24/2017
 
 


 




10000SB1933ham002LRB100 11359 MLM 27017 a



1
AMENDMENT TO SENATE BILL 1933




2 AMENDMENT NO. ______. Amend Senate Bill 1933 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be exempt 
9from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
 
 
10000SB1933ham002- 2 -LRB100 11359 MLM 27017 a


1 records received by the Experimental Organ Transplantation 
2 Procedures Board and any and all documents or other records 
3 prepared by the Experimental Organ Transplantation 
4 Procedures Board or its staff relating to applications it 
5 has received.
6  (d) Information and records held by the Department of 
7 Public Health and its authorized representatives relating 
8 to known or suspected cases of sexually transmissible 
9 disease or any information the disclosure of which is 
10 restricted under the Illinois Sexually Transmissible 
11 Disease Control Act.
12  (e) Information the disclosure of which is exempted 
13 under Section 30 of the Radon Industry Licensing Act.
14  (f) Firm performance evaluations under Section 55 of 
15 the Architectural, Engineering, and Land Surveying 
16 Qualifications Based Selection Act.
17  (g) Information the disclosure of which is restricted 
18 and exempted under Section 50 of the Illinois Prepaid 
19 Tuition Act.
20  (h) Information the disclosure of which is exempted 
21 under the State Officials and Employees Ethics Act, and 
22 records of any lawfully created State or local inspector 
23 general's office that would be exempt if created or 
24 obtained by an Executive Inspector General's office under 
25 that Act.
26  (i) Information contained in a local emergency energy 
 
 
10000SB1933ham002- 3 -LRB100 11359 MLM 27017 a


1 plan submitted to a municipality in accordance with a local 
2 emergency energy plan ordinance that is adopted under 
3 Section 11-21.5-5 of the Illinois Municipal Code.
4  (j) Information and data concerning the distribution 
5 of surcharge moneys collected and remitted by wireless 
6 carriers under the Wireless Emergency Telephone Safety 
7 Act.
8  (k) Law enforcement officer identification information 
9 or driver identification information compiled by a law 
10 enforcement agency or the Department of Transportation 
11 under Section 11-212 of the Illinois Vehicle Code.
12  (l) Records and information provided to a residential 
13 health care facility resident sexual assault and death 
14 review team or the Executive Council under the Abuse 
15 Prevention Review Team Act.
16  (m) Information provided to the predatory lending 
17 database created pursuant to Article 3 of the Residential 
18 Real Property Disclosure Act, except to the extent 
19 authorized under that Article.
20  (n) Defense budgets and petitions for certification of 
21 compensation and expenses for court appointed trial 
22 counsel as provided under Sections 10 and 15 of the Capital 
23 Crimes Litigation Act. This subsection (n) shall apply 
24 until the conclusion of the trial of the case, even if the 
25 prosecution chooses not to pursue the death penalty prior 
26 to trial or sentencing.
 
 
10000SB1933ham002- 4 -LRB100 11359 MLM 27017 a


1  (o) Information that is prohibited from being 
2 disclosed under Section 4 of the Illinois Health and 
3 Hazardous Substances Registry Act.
4  (p) Security portions of system safety program plans, 
5 investigation reports, surveys, schedules, lists, data, or 
6 information compiled, collected, or prepared by or for the 
7 Regional Transportation Authority under Section 2.11 of 
8 the Regional Transportation Authority Act or the St. Clair 
9 County Transit District under the Bi-State Transit Safety 
10 Act. 
11  (q) Information prohibited from being disclosed by the 
12 Personnel Records Review Act. 
13  (r) Information prohibited from being disclosed by the 
14 Illinois School Student Records Act. 
15  (s) Information the disclosure of which is restricted 
16 under Section 5-108 of the Public Utilities Act. 

17  (t) All identified or deidentified health information 
18 in the form of health data or medical records contained in, 
19 stored in, submitted to, transferred by, or released from 
20 the Illinois Health Information Exchange, and identified 
21 or deidentified health information in the form of health 
22 data and medical records of the Illinois Health Information 
23 Exchange in the possession of the Illinois Health 
24 Information Exchange Authority due to its administration 
25 of the Illinois Health Information Exchange. The terms 
26 "identified" and "deidentified" shall be given the same 
 
 
10000SB1933ham002- 5 -LRB100 11359 MLM 27017 a


1 meaning as in the Health Insurance Portability and 
2 Accountability Act of 1996, Public Law 104-191, or any 
3 subsequent amendments thereto, and any regulations 
4 promulgated thereunder. 
5  (u) Records and information provided to an independent 
6 team of experts under Brian's Law. 
7  (v) Names and information of people who have applied 
8 for or received Firearm Owner's Identification Cards under 
9 the Firearm Owners Identification Card Act or applied for 
10 or received a concealed carry license under the Firearm 
11 Concealed Carry Act, unless otherwise authorized by the 
12 Firearm Concealed Carry Act; and databases under the 
13 Firearm Concealed Carry Act, records of the Concealed Carry 
14 Licensing Review Board under the Firearm Concealed Carry 
15 Act, and law enforcement agency objections under the 
16 Firearm Concealed Carry Act. 
17  (w) Personally identifiable information which is 
18 exempted from disclosure under subsection (g) of Section 
19 19.1 of the Toll Highway Act.
20  (x) Information which is exempted from disclosure 
21 under Section 5-1014.3 of the Counties Code or Section 
22 8-11-21 of the Illinois Municipal Code. 
23  (y) Confidential information under the Adult 
24 Protective Services Act and its predecessor enabling 
25 statute, the Elder Abuse and Neglect Act, including 
26 information about the identity and administrative finding 
 
 
10000SB1933ham002- 6 -LRB100 11359 MLM 27017 a


1 against any caregiver of a verified and substantiated 
2 decision of abuse, neglect, or financial exploitation of an 
3 eligible adult maintained in the Registry established 
4 under Section 7.5 of the Adult Protective Services Act. 
5  (z) Records and information provided to a fatality 
6 review team or the Illinois Fatality Review Team Advisory 
7 Council under Section 15 of the Adult Protective Services 
8 Act. 
9  (aa) Information which is exempted from disclosure 
10 under Section 2.37 of the Wildlife Code. 
11  (bb) Information which is or was prohibited from 
12 disclosure by the Juvenile Court Act of 1987. 
13  (cc) Recordings made under the Law Enforcement 
14 Officer-Worn Body Camera Act, except to the extent 
15 authorized under that Act.
16  (dd) Information that is prohibited from being 
17 disclosed under Section 45 of the Condominium and Common 
18 Interest Community Ombudsperson Act. 
19  (ee) (dd) Information that is exempted from disclosure 
20 under Section 30.1 of the Pharmacy Practice Act. 
21  (ff) Records that are exempt from disclosure under 
22 Section 1A-16.7 of the Election Code. 
23(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, 
24eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; 
2599-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; 
2699-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. 
 
 
10000SB1933ham002- 7 -LRB100 11359 MLM 27017 a


18-19-16; revised 9-1-16.)

2 Section 10. The Election Code is amended by changing 
3Sections 1A-16.6 and 1A-16.8 and by adding Sections 1-16, 
41A-16.1, 1A-16.2, 1A-16.7, and 1A-16.9 as follows:

5 (10 ILCS 5/1-16 new)
6 Sec. 1-16. Election authorities; notices by electronic 
7mail. If an election authority is required by law to send an 
8election-related notice to an individual, that election 
9authority may send that notice solely by electronic mail if the 
10individual provides a current e-mail address to the election 
11authority and authorizes the election authority to send notices 
12by electronic mail. For the purposes of this Section, the term 
13"notice" does not include a ballot or any notice required under 
14Sections 1A-16.5 or 1A-16.7 of this Code.

15 (10 ILCS 5/1A-16.1 new)
16 Sec. 1A-16.1. Automatic voter registration; Secretary of 
17State.
18 (a) The Office of the Secretary of State and the State 
19Board of Elections, pursuant to an interagency contract and 
20jointly-adopted rules, shall establish an automatic voter 
21registration program that satisfies the requirements of this 
22Section and other applicable law. 
23 (b) If an application, an application for renewal, a change 
 
 
10000SB1933ham002- 8 -LRB100 11359 MLM 27017 a


1of address form, or a recertification form for a driver's 
2license, other than a temporary visitor's driver's license, or 
3a State identification card issued by the Office of the 
4Secretary of State meets the requirements of the federal REAL 
5ID Act of 2005, then that application shall serve as a 
6dual-purpose application. The dual-purpose application shall: 
7  (1) also serve as an application to register to vote in 
8 Illinois; 
9  (2) allow an applicant to change his or her registered 
10 residence address or name as it appears on the voter 
11 registration rolls; 
12  (3) provide the applicant with an opportunity to 
13 affirmatively decline to register to vote or to change his 
14 or her registered residence address or name by providing a 
15 check box on the application form without requiring the 
16 applicant to state the reason; and 
17  (4) unless the applicant declines to register to vote 
18 or change his or her registered residence address or name, 
19 require the applicant to attest, by signature under penalty 
20 of perjury as described in subsection (e) of this Section, 
21 to meeting the qualifications to register to vote in 
22 Illinois at his or her residence address as indicated on 
23 his or her driver's license or identification card 
24 dual-purpose application. 
25 (b-5) If an application, an application for renewal, a 
26change of address form, or a recertification form for a 
 
 
10000SB1933ham002- 9 -LRB100 11359 MLM 27017 a


1driver's license, other than a temporary visitor's driver's 
2license, or a State identification card issued by the Office of 
3the Secretary of State does not meet the requirements of the 
4federal REAL ID Act of 2005, then that application shall serve 
5as a dual-purpose application. The dual-purpose application 
6shall:
7  (1) also serve as an application to register to vote in 
8 Illinois;
9  (2) allow an applicant to change his or her registered 
10 residence address or name as it appears on the voter 
11 registration rolls; and
12  (3) if the applicant chooses to register to vote or to 
13 change his or her registered residence address or name, 
14 then require the applicant to attest, by a separate 
15 signature under penalty of perjury, to meeting the 
16 qualifications to register to vote in Illinois at his or 
17 her residence address as indicated on his or her 
18 dual-purpose application.
19 (b-10) The Office of the Secretary of State shall clearly 
20and conspicuously inform each applicant in writing: (i) of the 
21qualifications to register to vote in Illinois, (ii) of the 
22penalties provided by law for submission of a false voter 
23registration application, (iii) that, unless the applicant 
24declines to register to vote or update his or her voter 
25registration, his or her dual-purpose application shall also 
26serve as both an application to register to vote and his or her 
 
 
10000SB1933ham002- 10 -LRB100 11359 MLM 27017 a


1attestation that he or she meets the eligibility requirements 
2for voter registration, and that his or her application to 
3register to vote or update his or her registration will be 
4transmitted to the State Board of Elections for the purpose of 
5registering the person to vote at the residence address to be 
6indicated on his or her driver's license or identification 
7card, and (iv) that declining to register to vote is 
8confidential and will not affect any services the person may be 
9seeking from the Office of the Secretary of State. 
10 (c) The Office of the Secretary of State shall review 
11information provided to the Office of the Secretary of State by 
12the State Board of Elections to inform each applicant for a 
13driver's license or permit, other than a temporary visitor's 
14driver's license, or a State identification card issued by the 
15Office of the Secretary of State whether the applicant is 
16currently registered to vote in Illinois and, if registered, at 
17what address. 
18 (d) The Office of the Secretary of State shall not require 
19an applicant for a driver's license or State identification 
20card to provide duplicate identification or information in 
21order to complete an application to register to vote or change 
22his or her registered residence address or name. Before 
23transmitting any personal information about an applicant to the 
24State Board of Elections, the Office of the Secretary of State 
25shall review its records of the identification documents the 
26applicant provided in order to complete the application for a 
 
 
10000SB1933ham002- 11 -LRB100 11359 MLM 27017 a


1driver's license or State identification card, to confirm that 
2nothing in those documents indicates that the applicant does 
3not satisfy the qualifications to register to vote in Illinois 
4at his or her residence address.
5 (e) A completed, signed application for (i) a driver's 
6license or permit, other than a temporary visitor's driver's 
7license, or a State identification card issued by the Office of 
8the Secretary of State, that meets the requirements of the 
9federal REAL ID Act of 2005; or (ii) a completed application 
10under subsection (b-5) of this Section with a separate 
11signature attesting the applicant meets the qualifications to 
12register to vote in Illinois at his or her residence address as 
13indicated on his or her application shall constitute a signed 
14application to register to vote in Illinois at the residence 
15address indicated in the application unless the person 
16affirmatively declined in the application to register to vote 
17or to change his or her registered residence address or name. 
18If the identification documents provided to complete the 
19dual-purpose application indicate that he or she does not 
20satisfy the qualifications to register to vote in Illinois at 
21his or her residence address, the application shall be marked 
22as incomplete. 
23 (f) For each completed and signed application that 
24constitutes an application to register to vote in Illinois or 
25provides for a change in the applicant's registered residence 
26address or name, the Office of the Secretary of State shall 
 
 
10000SB1933ham002- 12 -LRB100 11359 MLM 27017 a


1electronically transmit to the State Board of Elections 
2personal information needed to complete the person's 
3registration to vote in Illinois at his or her residence 
4address. The application to register to vote shall be processed 
5in accordance with Section 1A-16.7. 
6 (g) If the federal REAL ID Act of 2005 is repealed, 
7abrogated, superseded, or otherwise no longer in effect, then 
8the State Board of Elections shall establish criteria for 
9determining reliable personal information indicating 
10citizenship status and shall adopt rules as necessary for the 
11Secretary of State to continue processing dual-purpose 
12applications under this Section.
13 (h) As used in this Section, "dual-purpose application" 
14means an application, an application for renewal, a change of 
15address form, or a recertification form for driver's license or 
16permit, other than a temporary visitor's driver's license, or a 
17State identification card offered by the Secretary of State 
18that also serves as an application to register to vote in 
19Illinois. "Dual-purpose application" does not mean an 
20application under subsection (c) of Section 6-109 of the 
21Illinois Vehicle Code.

22 (10 ILCS 5/1A-16.2 new)
23 Sec. 1A-16.2. Automatic voter registration; designated 
24automatic voter registration agencies.
25 (a) Each designated automatic voter registration agency 
 
 
10000SB1933ham002- 13 -LRB100 11359 MLM 27017 a


1shall, pursuant to an interagency contract and jointly-adopted 
2rules with the State Board of Elections, agree to participate 
3in an automatic voter registration program established by the 
4State Board of Elections that satisfies the requirements of 
5this Section and other applicable law. If the designated 
6automatic voter registration agency provides applications, 
7applications for renewal, change of address forms, or 
8recertification forms to individuals for services offered by 
9another agency, then the State Board of Elections and the 
10designated automatic voter agency shall consult with the other 
11agency. The State Board of Elections shall consider the current 
12technological capabilities of the designated voter 
13registration agency when drafting interagency contracts and 
14jointly-adopted rules. The State Board of Elections and the 
15designated automatic voter registration agency shall amend 
16these contracts and rules as the technological capabilities of 
17the designated voter registration agencies improve. 
18 (b) As provided in subsection (a) of this Section, each 
19designated automatic voter registration agency that collects 
20or cross-references reliable personal information indicating 
21citizenship status may provide that an application for a 
22license, permit, program, or service shall serve as a 
23dual-purpose application. The dual-purpose application shall: 
24  (1) also serve as an application to register to vote in 
25 Illinois; 
26  (2) allow an applicant to change his or her registered 
 
 
10000SB1933ham002- 14 -LRB100 11359 MLM 27017 a


1 residence address or name as it appears on the voter 
2 registration rolls; 
3  (3) provide the applicant with an opportunity to 
4 affirmatively decline to register to vote or change his or 
5 her registered residence address or name by providing a 
6 check box on the application form without requiring the 
7 applicant to state the reason; and 
8  (4) unless the applicant declines to register to vote 
9 or to change his or her registered residence address or 
10 name, require the applicant to attest, by signature under 
11 penalty of perjury, to meeting the qualifications to 
12 register to vote in Illinois at his or her residence 
13 address as indicated on his or her dual-purpose 
14 application. 
15 (c) As provided in subsection (a) of this Section, each 
16designated automatic voter registration agency that does not 
17collect or cross-reference records containing reliable 
18personal information indicating citizenship status may provide 
19that an application, an application for renewal, a change of 
20address form, or a recertification form for a license, permit, 
21program, or service shall serve as a dual-purpose application. 
22The dual-purpose application shall: 
23  (1) also serve as an application to register to vote in 
24 Illinois;
25  (2) allow an applicant to change his or her registered 
26 residence address or name as it appears on the voter 
 
 
10000SB1933ham002- 15 -LRB100 11359 MLM 27017 a


1 registration rolls; and
2  (3) if the applicant chooses to register to vote or to 
3 change his or her registered residence address or name, 
4 then require the applicant to attest, by a separate 
5 signature under penalty of perjury, to meeting the 
6 qualifications to register to vote in Illinois at his or 
7 her residence address as indicated on his or her 
8 dual-purpose application.
9 (c-5) The designated automatic voter registration agency 
10shall clearly and conspicuously inform each applicant in 
11writing: (i) of the qualifications to register to vote in 
12Illinois, (ii) of the penalties provided by law for submission 
13of a false voter registration application, (iii) that, unless 
14the applicant declines to register to vote or update his or her 
15voter registration, his or her application shall also serve as 
16both an application to register to vote and his or her 
17attestation that he or she meets the eligibility requirements 
18for voter registration, and that his or her application to 
19register to vote or update his or her registration will be 
20transmitted to the State Board of Elections for the purpose of 
21registering the person to vote at the residence address to be 
22indicated on the dual-purpose application, (iv) that 
23information identifying the agency at which he or she applied 
24to register to vote is confidential, (v) that declining to 
25register to vote is confidential and will not affect any 
26services the person may be seeking from the agency, and (vi) 
 
 
10000SB1933ham002- 16 -LRB100 11359 MLM 27017 a


1any additional information needed in order to comply with 
2Section 7 of the federal National Voter Registration Act of 
31993. 
4 (d) The designated automatic voter registration agency 
5shall review information provided to the agency by the State 
6Board of Elections to inform each applicant whether the 
7applicant is currently registered to vote in Illinois and, if 
8registered, at what address. 
9 (e) The designated automatic voter registration agency 
10shall not require an applicant for a dual-purpose application 
11to provide duplicate identification or information in order to 
12complete an application to register to vote or change his or 
13her registered residence address or name. Before transmitting 
14any personal information about an applicant to the State Board 
15of Elections, the agency shall review its records of the 
16identification documents the applicant provided or that the 
17agency cross-references in order to complete the dual-purpose 
18application, to confirm that nothing in those documents 
19indicates that the applicant does not satisfy the 
20qualifications to register to vote in Illinois at his or her 
21residence address. A completed and signed dual-purpose 
22application, including a completed application under 
23subsection (c) of this Section with a separate signature 
24attesting that the applicant meets the qualifications to 
25register to vote in Illinois at his or her residence address as 
26indicated on his or her application, shall constitute an 
 
 
10000SB1933ham002- 17 -LRB100 11359 MLM 27017 a


1application to register to vote in Illinois at the residence 
2address indicated in the application unless the person 
3affirmatively declined in the application to register to vote 
4or to change his or her registered residence address or name. 
5If the identification documents provided to complete the 
6dual-purpose application, or that the agency cross-references, 
7indicate that he or she does not satisfy the qualifications to 
8register to vote in Illinois at his or her residence address, 
9the application shall be marked as incomplete. 
10 (f) For each completed and signed dual-purpose application 
11that constitutes an application to register to vote in Illinois 
12or provides for a change in the applicant's registered 
13residence address or name, the designated automatic voter 
14registration agency shall electronically transmit to the State 
15Board of Elections personal information needed to complete the 
16person's registration to vote in Illinois at his or her 
17residence address. The application to register to vote shall be 
18processed in accordance with Section 1A-16.7. 
19 (g) As used in this Section: 
20  "Designated automatic voter registration agency" or 
21 "agency" means the divisions of Family and Community 
22 Services and Rehabilitation Services of the Department of 
23 Human Services, the Department of Employment Security, the 
24 Department of Financial and Professional Regulation, the 
25 Department of Natural Resources, or an agency of the State 
26 or federal government that has been determined by the State 
 
 
10000SB1933ham002- 18 -LRB100 11359 MLM 27017 a


1 Board of Elections to have access to reliable personal 
2 information and has entered into an interagency contract 
3 with the State Board of Elections to participate in the 
4 automatic voter registration program under this Section. 
5  "Dual-purpose application" means an application, an 
6 application for renewal, a change of address form, or a 
7 recertification form for a license, permit, program, or 
8 service offered by a designated automatic voter 
9 registration agency that also serves as an application to 
10 register to vote in Illinois. 
11  "Reliable personal information" means information 
12 about individuals obtained from government sources that 
13 may be used to verify whether an individual is eligible to 
14 register to vote. 
15 (h) This Section shall be implemented no later than July, 
161, 2019. 

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 
20establish and maintain a portal for government agency 
21registration that permits an eligible person to electronically 
22apply to register to vote or to update his or her existing 
23voter registration whenever he or she conducts business, either 
24online or in person, with a designated government agency. The 
25portal shall interface with the online voter registration 
 
 
10000SB1933ham002- 19 -LRB100 11359 MLM 27017 a


1system established in Section 1A-16.5 of this Code and shall be 
2capable of receiving and processing voter registration 
3application information, including electronic signatures, from 
4a designated government agency. The State Board of Elections 
5shall modify the online voter registration system as necessary 
6to implement this Section.
7 Voter registration data received from a designated 
8government agency through the online registration system shall 
9be processed as provided for in Section 1A-16.5 of this Code.
10 Whenever the registration interface is accessible to the 
11general public, including, but not limited to, online 
12transactions, the interface shall allow the applicant to 
13complete the process as provided for in Section 1A-16.5 of this 
14Code. The online interface shall be capable of providing the 
15applicant with the applicant's voter registration status with 
16the State Board of Elections and, if registered, the 
17applicant's current registration address. The applicant shall 
18not be required to re-enter any registration data, such as 
19name, address, and birth date, if the designated government 
20agency already has that information on file. The applicant 
21shall be informed that by choosing to register to vote or to 
22update his or her existing voter registration, the applicant 
23consents to the transfer of the applicant's personal 
24information to the State Board of Elections.
25 Whenever a government employee is accessing the 
26registration system while servicing the applicant, the 
 
 
10000SB1933ham002- 20 -LRB100 11359 MLM 27017 a


1government employee shall notify the applicant of the 
2applicant's registration status with the State Board of 
3Elections and, if registered, the applicant's current 
4registration address. If the applicant elects to register to 
5vote or to update his or her existing voter registration, the 
6government employee shall collect the needed information and 
7assist the applicant with his or her registration. The 
8applicant shall be informed that by choosing to register to 
9vote or to update his or her existing voter registration, the 
10applicant consents to the transfer of the applicant's personal 
11information to the State Board of Elections.
12 In accordance with technical specifications provided by 
13the State Board of Elections, each designated government agency 
14shall maintain a data transfer mechanism capable of 
15transmitting voter registration application information, 
16including electronic signatures where available, to the online 
17voter registration system established in Section 1A-16.5 of 
18this Code. Each designated government agency shall establish 
19and operate a voter registration system capable of transmitting 
20voter registration application information to the portal as 
21described in this Section by July 1, 2016.
22 (b) Whenever an applicant's data is transferred from a 
23designated government agency, the agency must transmit a 
24signature image if available. If no signature image was 
25provided by the agency or if no signature image is available in 
26the Secretary of State's database or the statewide voter 
 
 
10000SB1933ham002- 21 -LRB100 11359 MLM 27017 a


1registration database, the applicant must be notified that 
2their registration will remain in a pending status and the 
3applicant will be required to provide identification and a 
4signature to the election authority on Election Day in the 
5polling place or during early voting.
6 (c) The State Board of Elections shall track registration 
7data received through the online registration system that 
8originated from a designated government agency for the purposes 
9of maintaining statistics required by the federal National 
10Voter Registration Act of 1993, as amended.
11 (d) The State Board of Elections shall submit a report to 
12the General Assembly and the Governor by December 1, 2015 
13detailing the progress made to implement the government agency 
14voter registration portal described in this Section.
15 (e) The Board shall adopt rules, in consultation with the 
16impacted agencies. 
17 (f) As used in this Section, a "designated government 
18agency" means the Secretary of State's Driver Services and 
19Vehicle Services Departments, the Department of Human 
20Services, the Department of Healthcare and Family Services, the 
21Department of Employment Security, and the Department on Aging; 
22however, if the designated government agency becomes a 
23designated automatic voter registration agency under Section 
241A-16.1 or Section 1A-16.2 of this Code, that agency shall 
25cease to be a designated government agency under this Section. 

26(Source: P.A. 98-1171, eff. 6-1-15.)

 
 
10000SB1933ham002- 22 -LRB100 11359 MLM 27017 a


1 (10 ILCS 5/1A-16.7 new)
2 Sec. 1A-16.7. Automatic voter registration.
3 (a) The State Board of Elections shall establish and 
4maintain a portal for automatic government agency voter 
5registration that permits an eligible person to electronically 
6apply to register to vote or to update his or her existing 
7voter registration as provided in Section 1A-16.1 or Section 
81A-16.2. The portal shall interface with the online voter 
9registration system established in Section 1A-16.5 of this Code 
10and shall be capable of receiving and processing voter 
11registration application information, including electronic 
12signatures, from the Office of the Secretary of State and each 
13designated automatic voter registration agency, as defined in 
14Section 1A-16.2. The State Board of Elections may 
15cross-reference voter registration information from any 
16designated automatic voter registration agency, as defined 
17under Section 1A-16.2 of this Code, with information contained 
18in the database of the Secretary of State as provided under 
19subsection (c) of Section 1A-16.5 of this Code. The State Board 
20of Elections shall modify the online voter registration system 
21as necessary to implement this Section. 
22 (b) Voter registration data received from the Office of the 
23Secretary of State or a designated automatic voter registration 
24agency through the online registration application system 
25shall be processed as provided in Section 1A-16.5 of this Code. 
 
 
10000SB1933ham002- 23 -LRB100 11359 MLM 27017 a


1 (c) The State Board of Elections shall establish technical 
2specifications applicable to each automatic government 
3registration program, including data format and transmission 
4specifications. The Office of the Secretary of State and each 
5designated automatic voter registration agency shall maintain 
6a data transfer mechanism capable of transmitting voter 
7registration application information, including electronic 
8signatures where available, to the online voter registration 
9system established in Section 1A-16.5 of this Code. 
10 (d) The State Board of Elections shall, by rule, establish 
11criteria and procedures for determining whether an agency of 
12the State or federal government seeking to become a designated 
13automatic voter registration agency has access to reliable 
14personal information, as defined under this subsection (d) and 
15subsection (f) of Section 1A-16.2 of this Code, and otherwise 
16meets the requirements to enter into an interagency contract 
17and to operate as a designated automatic voter registration 
18agency. The State Board of Elections shall approve each 
19interagency contract upon affirmative vote of a majority of its 
20members. 
21 As used in this subsection (d), "reliable personal 
22information" means information about individuals obtained from 
23government sources that may be used to verify whether an 
24individual is eligible to register to vote. 
25 (e) Whenever an applicant's data is transferred from the 
26Office of the Secretary of State or a designated automatic 
 
 
10000SB1933ham002- 24 -LRB100 11359 MLM 27017 a


1voter registration agency, the agency must transmit a signature 
2image if available. If no signature image was provided by the 
3agency, or if no signature image is available in the Office of 
4the Secretary of State's database or the statewide voter 
5registration database, the applicant must be notified that his 
6or her registration will remain in a pending status, and the 
7applicant will be required to provide identification that 
8complies with the federal Help America Vote Act of 2002 and a 
9signature to the election authority on election day in the 
10polling place or during early voting. 
11 (f) Upon receipt of personal information collected and 
12transferred by the Office of the Secretary of State or a 
13designated automatic voter registration agency, the State 
14Board of Elections shall check the information against the 
15statewide voter registration database. The State Board of 
16Elections shall create and electronically transmit to the 
17appropriate election authority a voter registration 
18application for any individual who is not registered to vote in 
19Illinois and is not disqualified as provided in this Section or 
20whose information reliably indicates a more recent update to 
21the name or address of a person already included in the 
22statewide voter database. The election authority shall process 
23the application accordingly. 
24 (g) The appropriate election authority shall ensure that 
25any applicant who is registered to vote or whose existing voter 
26registration is updated under this Section is promptly sent 
 
 
10000SB1933ham002- 25 -LRB100 11359 MLM 27017 a


1written notice of the change. The notice required by this 
2subsection (g) may be sent or combined with other notices 
3required or permitted by law, including, but not limited to, 
4any notices sent pursuant to Section 1A-16.5 of this Code. Any 
5notice required by this subsection (g) shall contain, at a 
6minimum: (i) the applicant's name and residential address as 
7reflected on the voter registration list; (ii) a statement 
8notifying the applicant to contact the appropriate election 
9authority if his or her voter registration has been updated in 
10error; (iii) the qualifications to register to vote in 
11Illinois; (iv) a statement notifying the applicant that he or 
12she may opt out of voter registration or request a change to 
13his or her registration information at any time by contacting 
14an election official; and (v) contact information for the 
15appropriate election authority, including a phone number, 
16address, electronic mail address, and website address.
17 (h) The appropriate election authority shall ensure that 
18any applicant whose voter registration application is not 
19accepted or deemed incomplete is promptly sent written notice 
20of the application's status. The notice required by this 
21subsection may be sent or combined with other notices required 
22or permitted by law, including, but not limited to, any notices 
23sent pursuant to Section 1A-16.5 of this Code. Any notice 
24required by this subsection (h) shall contain, at a minimum, 
25the reason the application was not accepted or deemed 
26incomplete and contact information for the appropriate 
 
 
10000SB1933ham002- 26 -LRB100 11359 MLM 27017 a


1election authority, including a phone number, address, 
2electronic mail address, and website address.
3 (i) If the Office of the Secretary of State or a designated 
4automatic voter registration agency transfers information, or 
5if the State Board of Elections creates and transmits a voter 
6registration application, for a person who does not qualify as 
7an eligible voter, then it shall not constitute a completed 
8voter registration form, and the person shall not be considered 
9to have registered to vote.
10 (j) If the registration is processed by any election 
11authority, then it shall be presumed to have been effected and 
12officially authorized by the State, and that person shall not 
13be found on that basis to have made a false claim to 
14citizenship or to have committed an act of moral turpitude, nor 
15shall that person be subject to penalty under any relevant 
16laws, including, but not limited to, Sections 29-10 and 29-19 
17of this Code. This subsection (j) does not apply to a person 
18who knows that he or she is not entitled to register to vote 
19and who willfully votes, registers to vote, or attests under 
20penalty of perjury that he or she is eligible to register to 
21vote or willfully attempts to vote or to register to vote.
22 (k) The State Board of Elections, the Office of the 
23Secretary of State, and each designated automatic voter 
24registration agency shall implement policies and procedures to 
25protect the privacy and security of voter information as it is 
26acquired, stored, and transmitted among agencies, including 
 
 
10000SB1933ham002- 27 -LRB100 11359 MLM 27017 a


1policies for the retention and preservation of voter 
2information. Information designated as confidential under this 
3Section may be recorded and shared among the State Board of 
4Elections, election authorities, the Office of the Secretary of 
5State, and designated automatic voter registration agencies, 
6but shall be used only for voter registration purposes, shall 
7not be disclosed to the public except in the aggregate as 
8required by subsection (m) of this Section, and shall not be 
9subject to the Freedom of Information Act. The following 
10information shall be designated as confidential: 
11  (1) any portion of an applicant's Social Security 
12 number;
13  (2) any portion of an applicant's driver's license 
14 number or State identification number;
15  (3) an applicant's decision to decline voter 
16 registration;
17  (4) the identity of the person providing information 
18 relating to a specific applicant; and
19  (5) the personal residence and contact information of 
20 any applicant for whom notice has been given by an 
21 appropriate legal authority. 
22 This subsection (k) shall not apply to information the 
23State Board of Elections is required to share with the 
24Electronic Registration Information Center. 
25 (l) The voter registration procedures implemented under 
26this Section shall comport with the federal National Voter 
 
 
10000SB1933ham002- 28 -LRB100 11359 MLM 27017 a


1Registration Act of 1993, as amended, and shall specifically 
2require that the State Board of Elections track registration 
3data received through the online registration system that 
4originated from a designated automatic voter registration 
5agency for the purposes of maintaining statistics.
6 Nothing in this Code shall require designated voter 
7registration agencies to transmit information that is 
8confidential client information under State or federal law 
9without the consent of the applicant. 
10 (m) The State Board of Elections, each election authority 
11that maintains a website, the Office of the Secretary of State, 
12and each designated automatic voter registration agency that 
13maintains a website shall provide information on their websites 
14informing the public about the new registration procedures 
15described in this Section. The Office of the Secretary of State 
16and each designated automatic voter registration agency shall 
17display signage or provide literature for the public containing 
18information about the new registration procedures described in 
19this Section.
20 (n) No later than 6 months after the effective date of this 
21amendatory Act of the 100th General Assembly, the State Board 
22of Elections shall hold at least one public hearing on 
23implementing this amendatory Act of the 100th General Assembly 
24at which the public may provide input.
25 (o) The State Board of Elections shall submit an annual 
26public report to the General Assembly and the Governor 
 
 
10000SB1933ham002- 29 -LRB100 11359 MLM 27017 a


1detailing the progress made to implement this Section. The 
2report shall include all of the following: the number of 
3records transferred under this Section by agency, the number of 
4voters newly added to the statewide voter registration list 
5because of records transferred under this Section by agency, 
6the number of updated registrations under this Section by 
7agency, the number of persons who opted out of voter 
8registration, and the number of voters who submitted voter 
9registration forms using the online procedure described in 
10Section 1A-16.5 of this Code. The 2018 and 2019 annual reports 
11may include less detail if election authorities are not 
12equipped to provide complete information to the State Board of 
13Elections. Any report produced under this subsection (o) shall 
14exclude any information that identifies any individual 
15personally.
16 (p) The State Board of Elections, in consultation with 
17election authorities, the Office of the Secretary of State, 
18designated automatic voter registration agencies, and 
19community organizations, shall adopt rules as necessary to 
20implement the provisions of this Section. 

21 (10 ILCS 5/1A-16.8)
22 Sec. 1A-16.8. Automatic transfer of registration based 
23upon information from the National Change of Address database 
24and designated automatic voter registration agencies. 
25 (a) The State Board of Elections shall cross-reference the 
 
 
10000SB1933ham002- 30 -LRB100 11359 MLM 27017 a


1statewide voter registration database against the United 
2States Postal Service's National Change of Address database 
3twice each calendar year, April 15 and October 1 in 
4odd-numbered years and April 15 and December 1 in even-numbered 
5years or with the same frequency as in subsection (b) of this 
6Section, and shall share the findings with the election 
7authorities.
8 (b) In addition, beginning no later than September 1, 2017, 
9the State Board of Elections shall utilize data provided as 
10part of its membership in the Electronic Registration 
11Information Center in order to cross-reference the statewide 
12voter registration database against databases of relevant 
13personal information kept by designated automatic voter 
14registration agencies, including, but not limited to, driver's 
15license information kept by the Secretary of State, at least 6 
16times each calendar year and shall share the findings with 
17election authorities. 
18 This subsection (b) shall no longer apply once Sections 
191A-16.1 and 1A-16.2 of this Code are fully implemented as 
20determined by the State Board of Elections. Upon a 
21determination by the State Board of Elections of full 
22implementation of Sections 1A-16.1 and 1A-16.2 of this Code, 
23the State Board of Elections shall file notice of full 
24implementation and the inapplicability of this subsection (b) 
25with the Index Department of the Office of the Secretary of 
26State, the Governor, the General Assembly, and the Legislative 
 
 
10000SB1933ham002- 31 -LRB100 11359 MLM 27017 a


1Reference Bureau. 
2 (b-5) The State Board of Elections shall not be required to 
3share any data on any voter attained using the National Change 
4of Address database under subsection (a) of this Section if 
5that voter has a more recent government transaction indicated 
6using the cross-reference under subsection (b) of this Section. 
7If there is contradictory or unclear data between data obtained 
8under subsections (a) and (b) of this Section, then data 
9obtained under subsection (b) of this Section shall take 
10priority. 
11 (c) An election authority shall automatically register any 
12voter who has moved into its jurisdiction from another 
13jurisdiction in Illinois or has moved within its jurisdiction 
14provided that:
15  (1) the election authority whose jurisdiction includes 
16 the new registration address provides the voter an 
17 opportunity to reject the change in registration address 
18 through a mailing, sent by non-forwardable mail, to the new 
19 registration address, and
20  (2) when the election authority whose jurisdiction 
21 includes the previous registration address is a different 
22 election authority, then that election authority provides 
23 the same opportunity through a mailing, sent by forwardable 
24 mail, to the previous registration address.
25 This change in registration shall trigger the same 
26inter-jurisdictional or intra-jurisdictional workflows as if 
 
 
10000SB1933ham002- 32 -LRB100 11359 MLM 27017 a


1the voter completed a new registration card, including the 
2cancellation of the voter's previous registration. Should the 
3registration of a voter be changed from one address to another 
4within the State and should the voter appear at the polls and 
5offer to vote from the prior registration address, attesting 
6that the prior registration address is the true current 
7address, the voter, if confirmed by the election authority as 
8having been registered at the prior registration address and 
9canceled only by the process authorized by this Section, shall 
10be issued a regular ballot, and the change of registration 
11address shall be canceled. If the election authority is unable 
12to immediately confirm the registration, the voter shall be 
13permitted to register and vote a regular ballot, provided that 
14he or she meets the documentary requirements for same-day 
15registration. If the election authority is unable to confirm 
16the registration and the voter does not meet the requirements 
17for same-day registration, the voter shall be issued a 
18provisional ballot.

19 (d) No voter shall be disqualified from voting due to an 
20error relating to an update of registration under this Section. 
21(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)

22 (10 ILCS 5/1A-16.9 new)
23 Sec. 1A-16.9. Implementation. The changes made by this 
24amendatory Act of the 100th General Assembly shall be 
25implemented no later than July 1, 2018, except for the changes 
 
 
10000SB1933ham002- 33 -LRB100 11359 MLM 27017 a


1made to Section 1A-16.2 of this Code.

2 Section 15. The Illinois Vehicle Code is amended by 
3changing 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 
7State capital and
in such other places in the State as he may 
8deem necessary to properly
carry out the powers and duties 
9vested in him.

10 (b) The Secretary of State may construct and equip one or 
11more buildings in
the State of Illinois outside of the County 
12of Sangamon as he deems
necessary to properly carry out the 
13powers and duties vested in him. The
Secretary of State may, on 
14behalf of the State of Illinois, acquire public
or private 
15property needed therefor by lease, purchase or eminent domain.

16The care, custody and control of such sites and buildings 
17constructed
thereon shall be vested in the Secretary of State. 
18Expenditures for the
construction and equipping of any of such 
19buildings upon premises owned by
another public entity shall 
20not be subject to the provisions of any State
law requiring 
21that the State be vested with absolute fee title to the

22premises. The exercise of the authority vested in the Secretary 
23of State by
this Section is subject to the appropriation of the 
24necessary funds.

 
 
10000SB1933ham002- 34 -LRB100 11359 MLM 27017 a


1 (c) Pursuant to Sections 1A-16.1, 1A-16.7, and Section 
21A-25 of the Election Code,
the Secretary of State shall make 
3driver services facilities available for use as places of 
4accepting applications for voter registration.

5 (d) (Blank). 

6 (e) Each person applying at a driver services facility for 
7a driver's
license or permit, a corrected driver's license or 
8permit, an Illinois
identification card or a corrected Illinois 
9identification card
shall be notified, under the procedures set 
10forth in Sections 1A-16.1 and 1A-16.7 of the Election Code, 
11that unless he or she affirmatively declines, his or her 
12personal information shall be transferred to the State Board of 
13Elections for the purpose of creating an electronic voter 
14registration application that the person may apply to register 
15to vote at such station and may also apply to
transfer his or 
16her voter registration at such station to a different address 
17in the
State. Such notification may be made in
writing or 
18verbally issued by an employee or the Secretary of State.

19 The Secretary of State shall promulgate such rules as may 
20be necessary
for the efficient execution of his duties and the 
21duties of his employees
under this Section.

22 (f) Any person applying at a driver services facility for 
23issuance or renewal of a driver's license or Illinois 
24Identification Card shall be provided, without charge, with a 
25brochure warning the person of the dangers of financial 
26identity theft. The Department of Financial and Professional 
 
 
10000SB1933ham002- 35 -LRB100 11359 MLM 27017 a


1Regulation shall prepare these brochures and provide them to 
2the Secretary of State for distribution. The brochures shall 
3(i) identify signs warning the reader that he or she might be 
4an intended victim of the crime of financial identity theft, 
5(ii) instruct the reader in how to proceed if the reader 
6believes that he or she is the victim of the crime of identity 
7theft, and (iii) provide the reader with names and telephone 
8numbers of law enforcement and other governmental agencies that 
9provide assistance to victims of financial identity theft.
10 (g) The changes made by this amendatory Act of the 100th 
11General Assembly shall be implemented no later than July 1, 
122018. 
13(Source: P.A. 97-81, eff. 7-5-11.)



14 Section 99. Effective date. This Act takes effect upon 
15becoming law.".