Bill Text: IL SB1933 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Election Code. Provides that the State Board of Elections and the Office of the Secretary of State shall establish an automatic voter registration program pursuant to an interagency contract and jointly-adopted rules. Provides that an application for a driver's license, other than a temporary visitor's driver's license or a State identification card, shall also serve as an application to register to vote; allow an update to registration; and perform other specified functions. Requires specified agencies to provide certain information regarding registration. Establishes designated automatic voter registration agencies; and requires the establishment of dual-purpose applications to register to vote. Sets forth provisions and requirements for the State Board of Elections regarding the program. Amends the Freedom of Information Act to exempt certain information. Amends the Illinois Vehicle Code to make conforming changes. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 70-5)

Status: (Passed) 2017-08-28 - Public Act . . . . . . . . . 100-0464 [SB1933 Detail]

Download: Illinois-2017-SB1933-Chaptered.html



Public Act 100-0464
SB1933 EnrolledLRB100 11359 MLM 21744 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) (dd) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
8-19-16; revised 9-1-16.)
Section 10. The Election Code is amended by changing
Sections 1A-16.6 and 1A-16.8 and by adding Sections 1-16,
1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.9 as follows:
(10 ILCS 5/1-16 new)
Sec. 1-16. Election authorities; notices by electronic
mail. 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. For the purposes of this Section, the term
"notice" does not include a ballot or any notice required under
Sections 1A-16.5 or 1A-16.7 of this Code.
(10 ILCS 5/1A-16.1 new)
Sec. 1A-16.1. Automatic voter registration; Secretary of
State.
(a) The Office of the Secretary of State and the State
Board of Elections, pursuant to an interagency contract and
jointly-adopted rules, shall establish an automatic voter
registration program that satisfies the requirements of this
Section and other applicable law.
(b) If an application, an application for renewal, a change
of address form, or a recertification form for a driver's
license, other than a temporary visitor's driver's license, or
a State identification card issued by the Office of the
Secretary of State meets the requirements of the federal REAL
ID Act of 2005, then that application shall serve as a
dual-purpose application. The dual-purpose application shall:
(1) also serve as an application to register to vote in
Illinois;
(2) allow an applicant to change his or her registered
residence address or name as it appears on the voter
registration rolls;
(3) provide the applicant with an opportunity to
affirmatively decline to register to vote or to change his
or her registered residence address or name by providing a
check box on the application form without requiring the
applicant to state the reason; and
(4) unless the applicant declines to register to vote
or change his or her registered residence address or name,
require the applicant to attest, by signature under penalty
of perjury as described in subsection (e) of this Section,
to meeting the qualifications to register to vote in
Illinois at his or her residence address as indicated on
his or her driver's license or identification card
dual-purpose application.
(b-5) If an application, an application for renewal, a
change of address form, or a recertification form for a
driver's license, other than a temporary visitor's driver's
license, or a State identification card issued by the Office of
the Secretary of State does not meet the requirements of the
federal REAL ID Act of 2005, then that application shall serve
as a dual-purpose application. The dual-purpose application
shall:
(1) also serve as an application to register to vote in
Illinois;
(2) allow an applicant to change his or her registered
residence address or name as it appears on the voter
registration rolls; and
(3) if the applicant chooses to register to vote or to
change his or her registered residence address or name,
then require the applicant to attest, by a separate
signature under penalty of perjury, to meeting the
qualifications to register to vote in Illinois at his or
her residence address as indicated on his or her
dual-purpose application.
(b-10) The Office of the Secretary of State shall clearly
and conspicuously inform each applicant in writing: (i) of the
qualifications to register to vote in Illinois, (ii) of the
penalties provided by law for submission of a false voter
registration application, (iii) that, unless the applicant
declines to register to vote or update his or her voter
registration, his or her dual-purpose application shall also
serve as both an application to register to vote and his or her
attestation that he or she meets the eligibility requirements
for voter registration, and that his or her application to
register to vote or update his or her registration will be
transmitted to the State Board of Elections for the purpose of
registering the person to vote at the residence address to be
indicated on his or her driver's license or identification
card, and (iv) that declining to register to vote is
confidential and will not affect any services the person may be
seeking from the Office of the Secretary of State.
(c) The Office of the Secretary of State shall review
information provided to the Office of the Secretary of State by
the State Board of Elections to inform each applicant for a
driver's license or permit, other than a temporary visitor's
driver's license, or a State identification card issued by the
Office of the Secretary of State whether the applicant is
currently registered to vote in Illinois and, if registered, at
what address.
(d) The Office of the Secretary of State shall not require
an applicant for a driver's license or State identification
card to provide duplicate identification or information in
order to complete an application to register to vote or change
his or her registered residence address or name. Before
transmitting any personal information about an applicant to the
State Board of Elections, the Office of the Secretary of State
shall review its records of the identification documents the
applicant provided in order to complete the application for a
driver's license or State identification card, to confirm that
nothing in those documents indicates that the applicant does
not satisfy the qualifications to register to vote in Illinois
at his or her residence address.
(e) A completed, signed application for (i) a driver's
license or permit, other than a temporary visitor's driver's
license, or a State identification card issued by the Office of
the Secretary of State, that meets the requirements of the
federal REAL ID Act of 2005; or (ii) a completed application
under subsection (b-5) of this Section with a separate
signature attesting the applicant meets the qualifications to
register to vote in Illinois at his or her residence address as
indicated on his or her application shall constitute a signed
application to register to vote in Illinois at the residence
address indicated in the application unless the person
affirmatively declined in the application to register to vote
or to change his or her registered residence address or name.
If the identification documents provided to complete the
dual-purpose application indicate that he or she does not
satisfy the qualifications to register to vote in Illinois at
his or her residence address, the application shall be marked
as incomplete.
(f) For each completed and signed application that
constitutes an application to register to vote in Illinois or
provides for a change in the applicant's registered residence
address or name, the Office of the Secretary of State shall
electronically transmit to the State Board of Elections
personal information needed to complete the person's
registration to vote in Illinois at his or her residence
address. The application to register to vote shall be processed
in accordance with Section 1A-16.7.
(g) If the federal REAL ID Act of 2005 is repealed,
abrogated, superseded, or otherwise no longer in effect, then
the State Board of Elections shall establish criteria for
determining reliable personal information indicating
citizenship status and shall adopt rules as necessary for the
Secretary of State to continue processing dual-purpose
applications under this Section.
(h) As used in this Section, "dual-purpose application"
means an application, an application for renewal, a change of
address form, or a recertification form for driver's license or
permit, other than a temporary visitor's driver's license, or a
State identification card offered by the Secretary of State
that also serves as an application to register to vote in
Illinois. "Dual-purpose application" does not mean an
application under subsection (c) of Section 6-109 of the
Illinois Vehicle Code.
(10 ILCS 5/1A-16.2 new)
Sec. 1A-16.2. Automatic voter registration; designated
automatic voter registration agencies.
(a) Each designated automatic voter registration agency
shall, pursuant to an interagency contract and jointly-adopted
rules with the State Board of Elections, agree to participate
in an automatic voter registration program established by the
State Board of Elections that satisfies the requirements of
this Section and other applicable law. If the designated
automatic voter registration agency provides applications,
applications for renewal, change of address forms, or
recertification forms to individuals for services offered by
another agency, then the State Board of Elections and the
designated automatic voter agency shall consult with the other
agency. The State Board of Elections shall consider the current
technological capabilities of the designated voter
registration agency when drafting interagency contracts and
jointly-adopted rules. The State Board of Elections and the
designated automatic voter registration agency shall amend
these contracts and rules as the technological capabilities of
the designated voter registration agencies improve.
(b) As provided in subsection (a) of this Section, each
designated automatic voter registration agency that collects
or cross-references reliable personal information indicating
citizenship status may provide that an application for a
license, permit, program, or service shall serve as a
dual-purpose application. The dual-purpose application shall:
(1) also serve as an application to register to vote in
Illinois;
(2) allow an applicant to change his or her registered
residence address or name as it appears on the voter
registration rolls;
(3) provide the applicant with an opportunity to
affirmatively decline to register to vote or change his or
her registered residence address or name by providing a
check box on the application form without requiring the
applicant to state the reason; and
(4) unless the applicant declines to register to vote
or to change his or her registered residence address or
name, require the applicant to attest, by signature under
penalty of perjury, to meeting the qualifications to
register to vote in Illinois at his or her residence
address as indicated on his or her dual-purpose
application.
(c) As provided in subsection (a) of this Section, each
designated automatic voter registration agency that does not
collect or cross-reference records containing reliable
personal information indicating citizenship status may provide
that an application, an application for renewal, a change of
address form, or a recertification form for a license, permit,
program, or service shall serve as a dual-purpose application.
The dual-purpose application shall:
(1) also serve as an application to register to vote in
Illinois;
(2) allow an applicant to change his or her registered
residence address or name as it appears on the voter
registration rolls; and
(3) if the applicant chooses to register to vote or to
change his or her registered residence address or name,
then require the applicant to attest, by a separate
signature under penalty of perjury, to meeting the
qualifications to register to vote in Illinois at his or
her residence address as indicated on his or her
dual-purpose application.
(c-5) The designated automatic voter registration agency
shall clearly and conspicuously inform each applicant in
writing: (i) of the qualifications to register to vote in
Illinois, (ii) of the penalties provided by law for submission
of a false voter registration application, (iii) that, unless
the applicant declines to register to vote or update his or her
voter registration, his or her application shall also serve as
both an application to register to vote and his or her
attestation that he or she meets the eligibility requirements
for voter registration, and that his or her application to
register to vote or update his or her registration will be
transmitted to the State Board of Elections for the purpose of
registering the person to vote at the residence address to be
indicated on the dual-purpose application, (iv) that
information identifying the agency at which he or she applied
to register to vote is confidential, (v) that declining to
register to vote is confidential and will not affect any
services the person may be seeking from the agency, and (vi)
any additional information needed in order to comply with
Section 7 of the federal National Voter Registration Act of
1993.
(d) The designated automatic voter registration agency
shall review information provided to the agency by the State
Board of Elections to inform each applicant whether the
applicant is currently registered to vote in Illinois and, if
registered, at what address.
(e) The designated automatic voter registration agency
shall not require an applicant for a dual-purpose application
to provide duplicate identification or information in order to
complete an application to register to vote or change his or
her registered residence address or name. Before transmitting
any personal information about an applicant to the State Board
of Elections, the agency shall review its records of the
identification documents the applicant provided or that the
agency cross-references in order to complete the dual-purpose
application, to confirm that nothing in those documents
indicates that the applicant does not satisfy the
qualifications to register to vote in Illinois at his or her
residence address. A completed and signed dual-purpose
application, including a completed application under
subsection (c) of this Section with a separate signature
attesting that the applicant meets the qualifications to
register to vote in Illinois at his or her residence address as
indicated on his or her application, shall constitute an
application to register to vote in Illinois at the residence
address indicated in the application unless the person
affirmatively declined in the application to register to vote
or to change his or her registered residence address or name.
If the identification documents provided to complete the
dual-purpose application, or that the agency cross-references,
indicate that he or she does not satisfy the qualifications to
register to vote in Illinois at his or her residence address,
the application shall be marked as incomplete.
(f) For each completed and signed dual-purpose application
that constitutes an application to register to vote in Illinois
or provides for a change in the applicant's registered
residence address or name, the designated automatic voter
registration agency shall electronically transmit to the State
Board of Elections personal information needed to complete the
person's registration to vote in Illinois at his or her
residence address. The application to register to vote shall be
processed in accordance with Section 1A-16.7.
(g) As used in this Section:
"Designated automatic voter registration agency" or
"agency" means the divisions of Family and Community
Services and Rehabilitation Services of the Department of
Human Services, the Department of Employment Security, the
Department of Financial and Professional Regulation, the
Department of Natural Resources, or 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 under this Section.
"Dual-purpose application" means an application, an
application for renewal, a change of address form, or a
recertification form for a license, permit, program, or
service offered by a designated automatic voter
registration agency that also serves as an application to
register to vote in Illinois.
"Reliable personal information" means information
about individuals obtained from government sources that
may be used to verify whether an individual is eligible to
register to vote.
(h) This Section shall be implemented no later than July 1,
2019.
(10 ILCS 5/1A-16.6)
Sec. 1A-16.6. Government agency voter registration.
(a) By April 1, 2016, the State Board of Elections shall
establish and maintain a portal for government agency
registration that permits an eligible person to electronically
apply to register to vote or to update his or her existing
voter registration whenever he or she conducts business, either
online or in person, with a designated government agency. The
portal shall interface with the online voter registration
system established in Section 1A-16.5 of this Code and shall be
capable of receiving and processing voter registration
application information, including electronic signatures, from
a designated government agency. The State Board of Elections
shall modify the online voter registration system as necessary
to implement this Section.
Voter registration data received from a designated
government agency through the online registration system shall
be processed as provided for in Section 1A-16.5 of this Code.
Whenever the registration interface is accessible to the
general public, including, but not limited to, online
transactions, the interface shall allow the applicant to
complete the process as provided for in Section 1A-16.5 of this
Code. The online interface shall be capable of providing the
applicant with the applicant's voter registration status with
the State Board of Elections and, if registered, the
applicant's current registration address. The applicant shall
not be required to re-enter any registration data, such as
name, address, and birth date, if the designated government
agency already has that information on file. The applicant
shall be informed that by choosing to register to vote or to
update his or her existing voter registration, the applicant
consents to the transfer of the applicant's personal
information to the State Board of Elections.
Whenever a government employee is accessing the
registration system while servicing the applicant, the
government employee shall notify the applicant of the
applicant's registration status with the State Board of
Elections and, if registered, the applicant's current
registration address. If the applicant elects to register to
vote or to update his or her existing voter registration, the
government employee shall collect the needed information and
assist the applicant with his or her registration. The
applicant shall be informed that by choosing to register to
vote or to update his or her existing voter registration, the
applicant consents to the transfer of the applicant's personal
information to the State Board of Elections.
In accordance with technical specifications provided by
the State Board of Elections, each designated government agency
shall maintain a data transfer mechanism capable of
transmitting voter registration application information,
including electronic signatures where available, to the online
voter registration system established in Section 1A-16.5 of
this Code. Each designated government agency shall establish
and operate a voter registration system capable of transmitting
voter registration application information to the portal as
described in this Section by July 1, 2016.
(b) Whenever an applicant's data is transferred from a
designated government agency, the agency must transmit a
signature image if available. If no signature image was
provided by the agency or if no signature image is available in
the Secretary of State's database or the statewide voter
registration database, the applicant must be notified that
their registration will remain in a pending status and the
applicant will be required to provide identification and a
signature to the election authority on Election Day in the
polling place or during early voting.
(c) The State Board of Elections shall track registration
data received through the online registration system that
originated from a designated government agency for the purposes
of maintaining statistics required by the federal National
Voter Registration Act of 1993, as amended.
(d) The State Board of Elections shall submit a report to
the General Assembly and the Governor by December 1, 2015
detailing the progress made to implement the government agency
voter registration portal described in this Section.
(e) The Board shall adopt rules, in consultation with the
impacted agencies.
(f) As used in this Section, a "designated government
agency" means the Secretary of State's Driver Services and
Vehicle Services Departments, the Department of Human
Services, the Department of Healthcare and Family Services, the
Department of Employment Security, and the Department on Aging;
however, if the designated government agency becomes a
designated automatic voter registration agency under Section
1A-16.1 or Section 1A-16.2 of this Code, that agency shall
cease to be a designated government agency under this Section.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/1A-16.7 new)
Sec. 1A-16.7. Automatic voter registration.
(a) The State Board of Elections shall establish and
maintain a portal for automatic government agency voter
registration that permits an eligible person to electronically
apply to register to vote or to update his or her existing
voter registration as provided in Section 1A-16.1 or Section
1A-16.2. The portal shall interface with the online voter
registration system established in Section 1A-16.5 of this Code
and shall be capable of receiving and processing voter
registration application information, including electronic
signatures, from the Office of the Secretary of State and each
designated automatic voter registration agency, as defined in
Section 1A-16.2. The State Board of Elections may
cross-reference voter registration information from any
designated automatic voter registration agency, as defined
under Section 1A-16.2 of this Code, with information contained
in the database of the Secretary of State as provided under
subsection (c) of Section 1A-16.5 of this Code. The State Board
of Elections shall modify the online voter registration system
as necessary to implement this Section.
(b) Voter registration data received from the Office of the
Secretary of State or a designated automatic voter registration
agency through the online registration application system
shall be processed as provided in Section 1A-16.5 of this Code.
(c) The State Board of Elections shall establish technical
specifications applicable to each automatic government
registration program, including data format and transmission
specifications. The Office of the Secretary of State and each
designated automatic voter registration agency shall maintain
a data transfer mechanism capable of transmitting voter
registration application information, including electronic
signatures where available, to the online voter registration
system established in Section 1A-16.5 of this Code.
(d) The State Board of Elections shall, by rule, establish
criteria and procedures for determining whether an agency of
the State or federal government seeking to become a designated
automatic voter registration agency has access to reliable
personal information, as defined under this subsection (d) and
subsection (f) of Section 1A-16.2 of this Code, and otherwise
meets the requirements to enter into an interagency contract
and to operate as a designated automatic voter registration
agency. The State Board of Elections shall approve each
interagency contract upon affirmative vote of a majority of its
members.
As used in this subsection (d), "reliable personal
information" means information about individuals obtained from
government sources that may be used to verify whether an
individual is eligible to register to vote.
(e) Whenever an applicant's data is transferred from the
Office of the Secretary of State or a designated automatic
voter registration agency, the agency must transmit a signature
image if available. If no signature image was provided by the
agency, or if no signature image is available in the Office of
the Secretary of State's database or the statewide voter
registration database, the applicant must be notified that his
or her registration will remain in a pending status, and the
applicant will be required to provide identification that
complies with the federal Help America Vote Act of 2002 and a
signature to the election authority on election day in the
polling place or during early voting.
(f) Upon receipt of personal information collected and
transferred by the Office of the Secretary of State or a
designated automatic voter registration agency, the State
Board of Elections shall check the information against the
statewide voter registration database. The State Board of
Elections shall create and electronically transmit to the
appropriate election authority a voter registration
application for any individual who is not registered to vote in
Illinois and is not disqualified as provided in this Section or
whose information reliably indicates a more recent update to
the name or address of a person already included in the
statewide voter database. The election authority shall process
the application accordingly.
(g) The appropriate election authority shall ensure that
any applicant who is registered to vote or whose existing voter
registration is updated under this Section is promptly sent
written notice of the change. The notice required by this
subsection (g) may be sent or combined with other notices
required or permitted by law, including, but not limited to,
any notices sent pursuant to Section 1A-16.5 of this Code. Any
notice required by this subsection (g) shall contain, at a
minimum: (i) the applicant's name and residential address as
reflected on the voter registration list; (ii) a statement
notifying the applicant to contact the appropriate election
authority if his or her voter registration has been updated in
error; (iii) the qualifications to register to vote in
Illinois; (iv) a statement notifying the applicant that he or
she may opt out of voter registration or request a change to
his or her registration information at any time by contacting
an election official; and (v) contact information for the
appropriate election authority, including a phone number,
address, electronic mail address, and website address.
(h) The appropriate election authority shall ensure that
any applicant whose voter registration application is not
accepted or deemed incomplete is promptly sent written notice
of the application's status. The notice required by this
subsection may be sent or combined with other notices required
or permitted by law, including, but not limited to, any notices
sent pursuant to Section 1A-16.5 of this Code. Any notice
required by this subsection (h) shall contain, at a minimum,
the reason the application was not accepted or deemed
incomplete and contact information for the appropriate
election authority, including a phone number, address,
electronic mail address, and website address.
(i) If the Office of the Secretary of State or a designated
automatic voter registration agency transfers information, or
if the State Board of Elections creates and transmits a voter
registration application, for a person who does not qualify as
an eligible voter, then it shall not constitute a completed
voter registration form, and the person shall not be considered
to have registered to vote.
(j) If the registration is processed by any election
authority, then it shall be presumed to have been effected and
officially authorized by the State, and that person shall not
be found on that basis to have made a false claim to
citizenship or to have committed an act of moral turpitude, nor
shall that person be subject to penalty under any relevant
laws, including, but not limited to, Sections 29-10 and 29-19
of this Code. This subsection (j) does not apply to a person
who knows that he or she is not entitled to register to vote
and who willfully votes, registers to vote, or attests under
penalty of perjury that he or she is eligible to register to
vote or willfully attempts to vote or to register to vote.
(k) The State Board of Elections, the Office of the
Secretary of State, and each designated automatic voter
registration agency shall implement policies and procedures to
protect the privacy and security of voter information as it is
acquired, stored, and transmitted among agencies, including
policies for the retention and preservation of voter
information. Information designated as confidential under this
Section may be recorded and shared among the State Board of
Elections, election authorities, the Office of the Secretary of
State, and designated automatic voter registration agencies,
but shall be used only for voter registration purposes, shall
not be disclosed to the public except in the aggregate as
required by subsection (m) of this Section, and shall not be
subject to the Freedom of Information Act. The following
information shall be designated as confidential:
(1) any portion of an applicant's Social Security
number;
(2) any portion of an applicant's driver's license
number or State identification number;
(3) an applicant's decision to decline voter
registration;
(4) the identity of the person providing information
relating to a specific applicant; and
(5) the personal residence and contact information of
any applicant for whom notice has been given by an
appropriate legal authority.
This subsection (k) shall not apply to information the
State Board of Elections is required to share with the
Electronic Registration Information Center.
(l) The voter registration procedures implemented under
this Section shall comport with the federal National Voter
Registration Act of 1993, as amended, and shall specifically
require that the State Board of Elections track registration
data received through the online registration system that
originated from a designated automatic voter registration
agency for the purposes of maintaining statistics.
Nothing in this Code shall require designated voter
registration agencies to transmit information that is
confidential client information under State or federal law
without the consent of the applicant.
(m) The State Board of Elections, each election authority
that maintains a website, the Office of the Secretary of State,
and each designated automatic voter registration agency that
maintains a website shall provide information on their websites
informing the public about the new registration procedures
described in this Section. The Office of the Secretary of State
and each designated automatic voter registration agency shall
display signage or provide literature for the public containing
information about the new registration procedures described in
this Section.
(n) No later than 6 months after the effective date of this
amendatory Act of the 100th General Assembly, the State Board
of Elections shall hold at least one public hearing on
implementing this amendatory Act of the 100th General Assembly
at which the public may provide input.
(o) The State Board of Elections shall submit an annual
public report to the General Assembly and the Governor
detailing the progress made to implement this Section. The
report shall include all of the following: the number of
records transferred under this Section by agency, the number of
voters newly added to the statewide voter registration list
because of records transferred under this Section by agency,
the number of updated registrations under this Section by
agency, the number of persons who opted out of voter
registration, and the number of voters who submitted voter
registration forms using the online procedure described in
Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
may include less detail if election authorities are not
equipped to provide complete information to the State Board of
Elections. Any report produced under this subsection (o) shall
exclude any information that identifies any individual
personally.
(p) The State Board of Elections, in consultation with
election authorities, the Office of the Secretary of State,
designated automatic voter registration agencies, and
community organizations, shall adopt rules as necessary to
implement the provisions of this Section.
(10 ILCS 5/1A-16.8)
Sec. 1A-16.8. Automatic transfer of registration based
upon information from the National Change of Address database
and designated automatic voter registration agencies.
(a) The State Board of Elections shall cross-reference the
statewide voter registration database against the United
States Postal Service's National Change of Address database
twice each calendar year, April 15 and October 1 in
odd-numbered years and April 15 and December 1 in even-numbered
years or with the same frequency as in subsection (b) of this
Section, and shall share the findings with the election
authorities.
(b) In addition, beginning no later than September 1, 2017,
the State Board of Elections shall utilize data provided as
part of its membership in the Electronic Registration
Information Center in order to cross-reference the statewide
voter registration database against databases of relevant
personal information kept by designated automatic voter
registration agencies, including, but not limited to, driver's
license information kept by the Secretary of State, at least 6
times each calendar year and shall share the findings with
election authorities.
This subsection (b) shall no longer apply once Sections
1A-16.1 and 1A-16.2 of this Code are fully implemented as
determined by the State Board of Elections. Upon a
determination by the State Board of Elections of full
implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
the State Board of Elections shall file notice of full
implementation and the inapplicability of this subsection (b)
with the Index Department of the Office of the Secretary of
State, the Governor, the General Assembly, and the Legislative
Reference Bureau.
(b-5) The State Board of Elections shall not be required to
share any data on any voter attained using the National Change
of Address database under subsection (a) of this Section if
that voter has a more recent government transaction indicated
using the cross-reference under subsection (b) of this Section.
If there is contradictory or unclear data between data obtained
under subsections (a) and (b) of this Section, then data
obtained under subsection (b) of this Section shall take
priority.
(c) An election authority shall automatically register any
voter who has moved into its jurisdiction from another
jurisdiction in Illinois or has moved within its jurisdiction
provided that:
(1) the election authority whose jurisdiction includes
the new registration address provides the voter an
opportunity to reject the change in registration address
through a mailing, sent by non-forwardable mail, to the new
registration address, and
(2) when the election authority whose jurisdiction
includes the previous registration address is a different
election authority, then that election authority provides
the same opportunity through a mailing, sent by forwardable
mail, to the previous registration address.
This change in registration shall trigger the same
inter-jurisdictional or intra-jurisdictional workflows as if
the voter completed a new registration card, including the
cancellation of the voter's previous registration. Should the
registration of a voter be changed from one address to another
within the State and should the voter appear at the polls and
offer to vote from the prior registration address, attesting
that the prior registration address is the true current
address, the voter, if confirmed by the election authority as
having been registered at the prior registration address and
canceled only by the process authorized by this Section, shall
be issued a regular ballot, and the change of registration
address shall be canceled. If the election authority is unable
to immediately confirm the registration, the voter shall be
permitted to register and vote a regular ballot, provided that
he or she meets the documentary requirements for same-day
registration. If the election authority is unable to confirm
the registration and the voter does not meet the requirements
for same-day registration, the voter shall be issued a
provisional ballot.
(d) No voter shall be disqualified from voting due to an
error relating to an update of registration under this Section.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
(10 ILCS 5/1A-16.9 new)
Sec. 1A-16.9. Implementation. The changes made by this
amendatory Act of the 100th General Assembly shall be
implemented no later than July 1, 2018, except for the changes
made to Section 1A-16.2 of this Code.
Section 15. The Illinois Vehicle Code is amended by
changing Section 2-105 as follows:
(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
Sec. 2-105. Offices of Secretary of State.
(a) The Secretary of State shall maintain offices in the
State capital and in such other places in the State as he may
deem necessary to properly carry out the powers and duties
vested in him.
(b) The Secretary of State may construct and equip one or
more buildings in the State of Illinois outside of the County
of Sangamon as he deems necessary to properly carry out the
powers and duties vested in him. The Secretary of State may, on
behalf of the State of Illinois, acquire public or private
property needed therefor by lease, purchase or eminent domain.
The care, custody and control of such sites and buildings
constructed thereon shall be vested in the Secretary of State.
Expenditures for the construction and equipping of any of such
buildings upon premises owned by another public entity shall
not be subject to the provisions of any State law requiring
that the State be vested with absolute fee title to the
premises. The exercise of the authority vested in the Secretary
of State by this Section is subject to the appropriation of the
necessary funds.
(c) Pursuant to Sections 1A-16.1, 1A-16.7, and Section
1A-25 of the Election Code, the Secretary of State shall make
driver services facilities available for use as places of
accepting applications for voter registration.
(d) (Blank).
(e) Each person applying at a driver services facility for
a driver's license or permit, a corrected driver's license or
permit, an Illinois identification card or a corrected Illinois
identification card shall be notified, under the procedures set
forth in Sections 1A-16.1 and 1A-16.7 of the Election Code,
that unless he or she affirmatively declines, his or her
personal information shall be transferred to the State Board of
Elections for the purpose of creating an electronic voter
registration application that the person may apply to register
to vote at such station and may also apply to transfer his or
her voter registration at such station to a different address
in the State. Such notification may be made in writing or
verbally issued by an employee or the Secretary of State.
The Secretary of State shall promulgate such rules as may
be necessary for the efficient execution of his duties and the
duties of his employees under this Section.
(f) Any person applying at a driver services facility for
issuance or renewal of a driver's license or Illinois
Identification Card shall be provided, without charge, with a
brochure warning the person of the dangers of financial
identity theft. The Department of Financial and Professional
Regulation shall prepare these brochures and provide them to
the Secretary of State for distribution. The brochures shall
(i) identify signs warning the reader that he or she might be
an intended victim of the crime of financial identity theft,
(ii) instruct the reader in how to proceed if the reader
believes that he or she is the victim of the crime of identity
theft, and (iii) provide the reader with names and telephone
numbers of law enforcement and other governmental agencies that
provide assistance to victims of financial identity theft.
(g) The changes made by this amendatory Act of the 100th
General Assembly shall be implemented no later than July 1,
2018.
(Source: P.A. 97-81, eff. 7-5-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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