Bill Text: IL HB0626 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Election Code. Provides that the Office of the Secretary of State and the State Board of Elections shall jointly establish an automatic voter registration program. Provides that designated automatic voter registration agencies may agree to participate in an automatic voter registration program established by the State Board of Elections. Provides that the term "designated automatic voter registration agency" means an agency of the State or federal government that has been determined by the State Board of Elections to have access to reliable personal information and has entered into an interagency contract with the State Board of Elections to participate in the automatic voter registration program. Provides for dual purpose applications, and provides that an application for a driver's license or a State identification card shall be a dual-purpose application. Provides that if an election authority is required by law to send an election-related notice to an individual, that election authority may send that notice solely by electronic mail if the individual provides a current e-mail address to the election authority and authorizes the election authority to send notices by electronic mail. Amends the Freedom of Information Act. Provides that certain information specified in the amendatory Act is exempt from inspection and copying. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2017-03-06 - To Voter Education & Registration Subcommittee [HB0626 Detail]

Download: Illinois-2017-HB0626-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0626

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
10 ILCS 5/1-16 new
10 ILCS 5/1A-16.1 new
10 ILCS 5/1A-16.2 new
10 ILCS 5/1A-16.6
10 ILCS 5/1A-16.7 new

Amends the Election Code. Provides that the Office of the Secretary of State and the State Board of Elections shall jointly establish an automatic voter registration program. Provides that designated automatic voter registration agencies may agree to participate in an automatic voter registration program established by the State Board of Elections. Provides that the term "designated automatic voter registration agency" means an agency of the State or federal government that has been determined by the State Board of Elections to have access to reliable personal information and has entered into an interagency contract with the State Board of Elections to participate in the automatic voter registration program. Provides for dual purpose applications, and provides that an application for a driver's license or a State identification card shall be a dual-purpose application. Provides that if an election authority is required by law to send an election-related notice to an individual, that election authority may send that notice solely by electronic mail if the individual provides a current e-mail address to the election authority and authorizes the election authority to send notices by electronic mail. Amends the Freedom of Information Act. Provides that certain information specified in the amendatory Act is exempt from inspection and copying. Effective immediately.
LRB100 06992 MLM 17045 b

A BILL FOR

HB0626LRB100 06992 MLM 17045 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a local
21 emergency energy plan ordinance that is adopted under
22 Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by wireless
25 carriers under the Wireless Emergency Telephone Safety
26 Act.

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1 (k) Law enforcement officer identification information
2 or driver identification information compiled by a law
3 enforcement agency or the Department of Transportation
4 under Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential
6 health care facility resident sexual assault and death
7 review team or the Executive Council under the Abuse
8 Prevention Review Team Act.
9 (m) Information provided to the predatory lending
10 database created pursuant to Article 3 of the Residential
11 Real Property Disclosure Act, except to the extent
12 authorized under that Article.
13 (n) Defense budgets and petitions for certification of
14 compensation and expenses for court appointed trial
15 counsel as provided under Sections 10 and 15 of the Capital
16 Crimes Litigation Act. This subsection (n) shall apply
17 until the conclusion of the trial of the case, even if the
18 prosecution chooses not to pursue the death penalty prior
19 to trial or sentencing.
20 (o) Information that is prohibited from being
21 disclosed under Section 4 of the Illinois Health and
22 Hazardous Substances Registry Act.
23 (p) Security portions of system safety program plans,
24 investigation reports, surveys, schedules, lists, data, or
25 information compiled, collected, or prepared by or for the
26 Regional Transportation Authority under Section 2.11 of

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1 the Regional Transportation Authority Act or the St. Clair
2 County Transit District under the Bi-State Transit Safety
3 Act.
4 (q) Information prohibited from being disclosed by the
5 Personnel Records Review Act.
6 (r) Information prohibited from being disclosed by the
7 Illinois School Student Records Act.
8 (s) Information the disclosure of which is restricted
9 under Section 5-108 of the Public Utilities Act.
10 (t) All identified or deidentified health information
11 in the form of health data or medical records contained in,
12 stored in, submitted to, transferred by, or released from
13 the Illinois Health Information Exchange, and identified
14 or deidentified health information in the form of health
15 data and medical records of the Illinois Health Information
16 Exchange in the possession of the Illinois Health
17 Information Exchange Authority due to its administration
18 of the Illinois Health Information Exchange. The terms
19 "identified" and "deidentified" shall be given the same
20 meaning as in the Health Insurance Portability and
21 Accountability Act of 1996, Public Law 104-191, or any
22 subsequent amendments thereto, and any regulations
23 promulgated thereunder.
24 (u) Records and information provided to an independent
25 team of experts under Brian's Law.
26 (v) Names and information of people who have applied

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1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act or applied for
3 or received a concealed carry license under the Firearm
4 Concealed Carry Act, unless otherwise authorized by the
5 Firearm Concealed Carry Act; and databases under the
6 Firearm Concealed Carry Act, records of the Concealed Carry
7 Licensing Review Board under the Firearm Concealed Carry
8 Act, and law enforcement agency objections under the
9 Firearm Concealed Carry Act.
10 (w) Personally identifiable information which is
11 exempted from disclosure under subsection (g) of Section
12 19.1 of the Toll Highway Act.
13 (x) Information which is exempted from disclosure
14 under Section 5-1014.3 of the Counties Code or Section
15 8-11-21 of the Illinois Municipal Code.
16 (y) Confidential information under the Adult
17 Protective Services Act and its predecessor enabling
18 statute, the Elder Abuse and Neglect Act, including
19 information about the identity and administrative finding
20 against any caregiver of a verified and substantiated
21 decision of abuse, neglect, or financial exploitation of an
22 eligible adult maintained in the Registry established
23 under Section 7.5 of the Adult Protective Services Act.
24 (z) Records and information provided to a fatality
25 review team or the Illinois Fatality Review Team Advisory
26 Council under Section 15 of the Adult Protective Services

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1 Act.
2 (aa) Information which is exempted from disclosure
3 under Section 2.37 of the Wildlife Code.
4 (bb) Information which is or was prohibited from
5 disclosure by the Juvenile Court Act of 1987.
6 (cc) Recordings made under the Law Enforcement
7 Officer-Worn Body Camera Act, except to the extent
8 authorized under that Act.
9 (dd) Information that is prohibited from being
10 disclosed under Section 45 of the Condominium and Common
11 Interest Community Ombudsperson Act.
12 (ee) (dd) Information that is exempted from disclosure
13 under Section 30.1 of the Pharmacy Practice Act.
14 (ff) Records that are exempt from disclosure under
15 Section 1A-16.7 of the Election Code.
16(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
17eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1899-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
1999-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
208-19-16; revised 9-1-16.)
21 Section 10. The Election Code is amended by changing
22Section 1A-16.6 and by adding Sections 1-16, 1A-16.1, 1A-16.2,
23and 1A-16.7 as follows:
24 (10 ILCS 5/1-16 new)

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1 Sec. 1-16. Election authorities; notices by electronic
2mail. If an election authority is required by law to send an
3election-related notice to an individual, that election
4authority may send that notice solely by electronic mail if the
5individual provides a current e-mail address to the election
6authority and authorizes the election authority to send notices
7by electronic mail. For the purposes of this Section, the term
8"notice" does not include a ballot.
9 (10 ILCS 5/1A-16.1 new)
10 Sec. 1A-16.1. Automatic voter registration; Secretary of
11State.
12 (a) The Office of the Secretary of State and the State
13Board of Elections, pursuant to an interagency contract and
14jointly-adopted rules, shall establish an automatic voter
15registration program that satisfies the requirements of this
16Section and other applicable law.
17 (b) An application for a driver's license, other than a
18temporary visitor's driver's license, or a State
19identification card issued by the Office of the Secretary of
20State shall:
21 (1) also serve as an application to register to vote in
22 Illinois;
23 (2) allow an applicant to change his or her registered
24 residence address;
25 (3) clearly and conspicuously inform the applicant in

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1 writing (i) of the qualifications to register to vote in
2 Illinois, (ii) of the penalties provided by law for
3 submission of a false voter registration application,
4 (iii) that the application is also an application to
5 register to vote in Illinois, (iv) that, unless he or she
6 declines to register to vote or to change his or her
7 registered residence address, the applicant's personal
8 information will be transmitted to the State Board of
9 Elections for the purpose of registering the person to vote
10 at the residence address to be indicated on his or her
11 driver's license or identification card, and (v) that
12 declining to register to vote is confidential and will not
13 affect any services the person may be seeking from the
14 Office of the Secretary of State;
15 (4) provide the applicant with an opportunity to
16 affirmatively decline to register to vote or to change his
17 or her registered residence address without requiring the
18 applicant to state the reason; and
19 (5) unless the applicant declines to register to vote
20 or change his or her registered residence address, require
21 the applicant to attest, by signature under penalty of
22 perjury, to meeting the qualifications to register to vote
23 in Illinois at his or her residence address as indicated on
24 his or her driver's license or identification card
25 application.
26 (c) The Office of the Secretary of State shall inform each

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1applicant for a driver's license, other than a temporary
2visitor's driver's license, or a State identification card
3issued by the Office of the Secretary of State whether the
4applicant is currently registered to vote in Illinois and, if
5registered, at what address.
6 (d) The Office of the Secretary of State shall not require
7an applicant for a driver's license or State identification
8card to provide duplicate identification or information in
9order to complete an application to register to vote or change
10his or her registered residence address. Before transmitting
11any personal information about an applicant to the State Board
12of Elections, the Office of the Secretary of State shall review
13its records regarding the applicant, including identification
14documents that may have been provided in order to complete the
15application for a driver's license or State identification
16card, to confirm that the Office of the Secretary of State is
17not in possession of any information that indicates that the
18applicant does not satisfy the qualifications to register to
19vote in Illinois at his or her residence address. A completed,
20signed application for a driver's license or permit, other than
21a temporary visitor's driver's license, shall constitute an
22application to register to vote in Illinois at the residence
23address indicated in the application unless (i) the person
24affirmatively declined in the application to register to vote
25or to change his or her registered residence address or (ii)
26the records of the Office of the Secretary of State regarding

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1the applicant indicate that he or she does not satisfy the
2qualifications to register to vote in Illinois at his or her
3residence address.
4 (e) For each completed and signed application that
5constitutes an application to register to vote in Illinois or
6provides for a change in the applicant's registered residence
7address, the Office of the Secretary of State shall
8electronically transmit to the State Board of Elections
9personal information needed to complete the person's
10registration to vote in Illinois at his or her residence
11address. The application to register to vote shall be processed
12in accordance with Section 1A-16.7.
13 (10 ILCS 5/1A-16.2 new)
14 Sec. 1A-16.2. Automatic voter registration; designated
15automatic voter registration agencies.
16 (a) Each designated automatic voter registration agency
17may, pursuant to an interagency contract and jointly-adopted
18rules with the State Board of Elections, agree to participate
19in an automatic voter registration program established by the
20State Board of Elections that satisfies the requirements of
21this Section and other applicable law.
22 (b) As provided in subsection (a), each designated
23automatic voter registration agency may provide that an
24application for a license, permit, program, or service offered
25by that agency shall serve as dual-purpose application. The

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1dual-purpose application shall:
2 (1) also serve as an application to register to vote in
3 Illinois;
4 (2) allow an applicant to change his or her registered
5 residence address;
6 (3) clearly and conspicuously inform the applicant in
7 writing (i) of the qualifications to register to vote in
8 Illinois, (ii) of the penalties provided by law for
9 submission of a false voter registration application,
10 (iii) that the dual-purpose application is also an
11 application to register to vote in Illinois, (iv) that,
12 unless he or she declines to register to vote or to change
13 his or her registered residence address, the applicant's
14 personal information will be transmitted to the State Board
15 of Elections for the purpose of registering the person to
16 vote at the residence address to be indicated on the
17 dual-purpose application, and (v) that declining to
18 register to vote is confidential and will not affect any
19 services the person may be seeking from the agency;
20 (4) provide the applicant with an opportunity to
21 affirmatively decline to register to vote or change his or
22 her registered residence address without requiring the
23 applicant to state the reason; and
24 (5) unless the applicant declines to register to vote
25 or to change his or her registered residence address,
26 require the applicant to attest, by signature under penalty

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1 of perjury, to meeting the qualifications to register to
2 vote in Illinois at his or her residence address as
3 indicated on his or her dual-purpose application.
4 (c) The designated automatic voter registration agency
5shall inform each applicant whether the applicant is currently
6registered to vote in Illinois and, if registered, at what
7address.
8 (d) The designated automatic voter registration agency
9shall not require an applicant for a dual-purpose application
10to provide duplicate identification or information in order to
11complete an application to register to vote or change his or
12her registered residence address. Before transmitting any
13personal information about an applicant to the State Board of
14Elections, the agency shall review its records regarding the
15applicant, including identification documents that may have
16been provided in order to complete the dual-purpose
17application, to confirm that the agency is not in possession of
18any information that indicates that the applicant does not
19satisfy the qualifications to register to vote in Illinois at
20his or her residence address. A completed and signed
21dual-purpose application shall constitute an application to
22register to vote in Illinois at the residence address indicated
23in the application unless (i) the person affirmatively declined
24in the application to register to vote or to change his or her
25registered residence address or (ii) the agency's records
26regarding the applicant indicate that he or she does not

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1satisfy the qualifications to register to vote in Illinois at
2his or her residence address.
3 (e) For each completed and signed dual-purpose application
4that constitutes an application to register to vote in Illinois
5or provides for a change in the applicant's registered
6residence address, the designated automatic voter registration
7agency shall electronically transmit to the State Board of
8Elections personal information needed to complete the person's
9registration to vote in Illinois at his or her residence
10address. The application to register to vote shall be processed
11in accordance with Section 1A-16.7.
12 (f) As used in this Section:
13 "Designated automatic voter registration agency" or
14 "agency" means an agency of the State or federal government
15 that has been determined by the State Board of Elections to
16 have access to reliable personal information and has
17 entered into an interagency contract with the State Board
18 of Elections to participate in the automatic voter
19 registration program under this Section.
20 "Dual-purpose application" means an application for a
21 license, permit, program, or service offered by a
22 designated automatic voter registration agency that also
23 serves as an application to register to vote in Illinois.
24 (10 ILCS 5/1A-16.6)
25 Sec. 1A-16.6. Government agency voter registration.

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1 (a) By April 1, 2016, the State Board of Elections shall
2establish and maintain a portal for government agency
3registration that permits an eligible person to electronically
4apply to register to vote or to update his or her existing
5voter registration whenever he or she conducts business, either
6online or in person, with a designated government agency. The
7portal shall interface with the online voter registration
8system established in Section 1A-16.5 of this Code and shall be
9capable of receiving and processing voter registration
10application information, including electronic signatures, from
11a designated government agency. The State Board of Elections
12shall modify the online voter registration system as necessary
13to implement this Section.
14 Voter registration data received from a designated
15government agency through the online registration system shall
16be processed as provided for in Section 1A-16.5 of this Code.
17 Whenever the registration interface is accessible to the
18general public, including, but not limited to, online
19transactions, the interface shall allow the applicant to
20complete the process as provided for in Section 1A-16.5 of this
21Code. The online interface shall be capable of providing the
22applicant with the applicant's voter registration status with
23the State Board of Elections and, if registered, the
24applicant's current registration address. The applicant shall
25not be required to re-enter any registration data, such as
26name, address, and birth date, if the designated government

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1agency already has that information on file. The applicant
2shall be informed that by choosing to register to vote or to
3update his or her existing voter registration, the applicant
4consents to the transfer of the applicant's personal
5information to the State Board of Elections.
6 Whenever a government employee is accessing the
7registration system while servicing the applicant, the
8government employee shall notify the applicant of the
9applicant's registration status with the State Board of
10Elections and, if registered, the applicant's current
11registration address. If the applicant elects to register to
12vote or to update his or her existing voter registration, the
13government employee shall collect the needed information and
14assist the applicant with his or her registration. The
15applicant shall be informed that by choosing to register to
16vote or to update his or her existing voter registration, the
17applicant consents to the transfer of the applicant's personal
18information to the State Board of Elections.
19 In accordance with technical specifications provided by
20the State Board of Elections, each designated government agency
21shall maintain a data transfer mechanism capable of
22transmitting voter registration application information,
23including electronic signatures where available, to the online
24voter registration system established in Section 1A-16.5 of
25this Code. Each designated government agency shall establish
26and operate a voter registration system capable of transmitting

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1voter registration application information to the portal as
2described in this Section by July 1, 2016.
3 (b) Whenever an applicant's data is transferred from a
4designated government agency, the agency must transmit a
5signature image if available. If no signature image was
6provided by the agency or if no signature image is available in
7the Secretary of State's database or the statewide voter
8registration database, the applicant must be notified that
9their registration will remain in a pending status and the
10applicant will be required to provide identification and a
11signature to the election authority on Election Day in the
12polling place or during early voting.
13 (c) The State Board of Elections shall track registration
14data received through the online registration system that
15originated from a designated government agency for the purposes
16of maintaining statistics required by the federal National
17Voter Registration Act of 1993, as amended.
18 (d) The State Board of Elections shall submit a report to
19the General Assembly and the Governor by December 1, 2015
20detailing the progress made to implement the government agency
21voter registration portal described in this Section.
22 (e) The Board shall adopt rules, in consultation with the
23impacted agencies.
24 (f) As used in this Section, a "designated government
25agency" means the Secretary of State's Driver Services and
26Vehicle Services Departments, the Department of Human

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1Services, the Department of Healthcare and Family Services, the
2Department of Employment Security, and the Department on Aging;
3however, if the designated government agency becomes a
4designated automatic voter registration agency under Section
51A-16.1 or Section 1A-16.2, that agency shall cease to be a
6designated government agency under this Section.
7(Source: P.A. 98-1171, eff. 6-1-15.)
8 (10 ILCS 5/1A-16.7 new)
9 Sec. 1A-16.7. Automatic voter registration.
10 (a) The State Board of Elections shall establish and
11maintain a portal for automatic government agency voter
12registration that permits an eligible person to electronically
13apply to register to vote or to update his or her existing
14voter registration as provided in Section 1A-16.1 or Section
151A-16.2. The portal shall interface with the online voter
16registration system established in Section 1A-16.5 of this Code
17and shall be capable of receiving and processing voter
18registration application information, including electronic
19signatures, from the Office of the Secretary of State and each
20designated automatic voter registration agency, as defined in
21Section 1A-16.2. The State Board of Elections shall modify the
22online voter registration system as necessary to implement this
23Section.
24 (b) Voter registration data received from the Office of the
25Secretary of State or a designated automatic voter registration

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

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

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

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1this Code. Any notice required by this subsection shall
2contain, at a minimum, the reason the application was not
3accepted or deemed incomplete and contact information for the
4appropriate election authority, including a phone number,
5address, electronic mail address, and website address.
6 (i) If the State Board of Elections or a local election
7authority determines that personal information collected and
8transferred by the Office of the Secretary of State or a
9designated automatic voter registration agency of an
10individual who attested to his or her eligibility to register
11to vote includes a green card or other legal proof that the
12person is not a United States citizen or is not otherwise
13eligible to register to vote, then the State Board of Elections
14shall not create a voter registration application and shall
15notify the person of the reason his or her voter registration
16application is incomplete.
17 (j) If the Office of the Secretary of State or a designated
18automatic voter registration agency transfers information, or
19if the State Board of Elections creates and transmits a voter
20registration application, for a person who does not qualify as
21an eligible voter, then it shall not constitute a completed
22voter registration form, and the person shall not be considered
23to have registered to vote.
24 (k) If the registration is processed by any election
25authority, then it shall be presumed to have been effected and
26officially authorized by the State, and that person shall not

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1be found on that basis to have made a false claim to
2citizenship or to have committed an act of moral turpitude, nor
3shall that person be subject to penalty under any relevant
4laws, including, but not limited to, Sections 29-10 and 29-19
5of this Code. This subsection does not apply to a person who
6knows that he or she is not entitled to register to vote and
7who willfully votes, registers to vote, or attests under
8penalty of perjury that he or she is eligible to register to
9vote or willfully attempts to vote or to register to vote.
10 (l) The State Board of Elections, the Office of the
11Secretary of State, and each designated automatic voter
12registration agency shall implement policies and procedures to
13protect the privacy and security of voter information as it is
14acquired, stored, and transmitted among agencies, including
15policies for the retention and preservation of voter
16information. Information designated as confidential under this
17Section may be recorded and shared among the State Board of
18Elections, election authorities, the Office of the Secretary of
19State, and designated automatic voter registration agencies,
20but shall be used only for voter registration purposes, shall
21not be disclosed to the public except in the aggregate as
22required by subsection (n) of this Section, and shall not be
23subject to the Freedom of Information Act. The following
24information shall be designated as confidential:
25 (1) any portion of an applicant's Social Security
26 number;

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1 (2) any portion of an applicant's driver's license
2 number or State identification number;
3 (3) an applicant's decision to decline voter
4 registration;
5 (4) the identity of the person providing information
6 relating to a specific applicant; and
7 (5) the personal residence and contact information of
8 any applicant for whom local, State, or federal law
9 requires confidentiality, including, but not limited to, a
10 victim of domestic violence pursuant to the Address
11 Confidentiality for Victims of Domestic Violence Act or a
12 victim of stalking pursuant to the Stalking No Contact
13 Order Act.
14 This subsection (l) shall not apply to information the
15State Board of Elections is required to share with the
16Electronic Registration Information Center.
17 (m) The voter registration procedures implemented under
18this Section shall comport with the federal National Voter
19Registration Act of 1993, as amended, and shall specifically
20require that the State Board of Elections track registration
21data received through the online registration system that
22originated from a designated automatic voter registration
23agency for the purposes of maintaining statistics.
24 (n) The State Board of Elections, each election authority
25that maintains a website, the Office of the Secretary of State,
26and each designated automatic voter registration agency that

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1maintains a website shall provide information on their websites
2informing the public about the new registration procedures
3described in this Section. The Office of the Secretary of State
4and each designated automatic voter registration agency shall
5display signage or provide literature for the public containing
6information about the new registration procedures described in
7this Section.
8 (o) No later than July 1, 2018, the State Board of
9Elections shall hold at least one public hearing on
10implementing this amendatory Act of the 100th General Assembly
11at which the public may provide input.
12 (p) The State Board of Elections shall submit an annual
13public report to the General Assembly and the Governor
14detailing the progress made to implement this Section. The
15report shall include all of the following: the number of
16records transferred under this Section by agency, the number of
17voters newly added to the statewide voter registration list
18because of records transferred under this Section by agency,
19the number of updated registrations under this Section by
20agency, the number of persons who opted out of voter
21registration, and the number of voters who submitted voter
22registration forms using the online procedure described in
23Section 1A-16.5 of this Code. Any report produced under this
24subsection shall exclude any information that identifies any
25individual personally.
26 (q) The State Board of Elections, in consultation with

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1election authorities, the Office of the Secretary of State,
2designated automatic voter registration agencies, and
3community organizations, shall adopt rules as necessary to
4implement the provisions of this Section.
5 Section 99. Effective date. This Act takes effect upon
6becoming law.
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