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


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: (Enrolled) 2017-05-31 - Passed Both Houses [SB1933 Detail]

Download: Illinois-2017-SB1933-Enrolled.html



SB1933 EnrolledLRB100 11359 MLM 21744 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

SB1933 Enrolled- 2 -LRB100 11359 MLM 21744 b
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.

SB1933 Enrolled- 3 -LRB100 11359 MLM 21744 b
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

SB1933 Enrolled- 4 -LRB100 11359 MLM 21744 b
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

SB1933 Enrolled- 5 -LRB100 11359 MLM 21744 b
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

SB1933 Enrolled- 6 -LRB100 11359 MLM 21744 b
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
22Sections 1A-16.6 and 1A-16.8 and by adding Sections 1-16,
231A-16.1, 1A-16.2, 1A-16.7, and 1A-16.9 as follows:
24 (10 ILCS 5/1-16 new)

SB1933 Enrolled- 7 -LRB100 11359 MLM 21744 b
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 or any notice required under
9Sections 1A-16.5 or 1A-16.7 of this Code.
10 (10 ILCS 5/1A-16.1 new)
11 Sec. 1A-16.1. Automatic voter registration; Secretary of
12State.
13 (a) The Office of the Secretary of State and the State
14Board of Elections, pursuant to an interagency contract and
15jointly-adopted rules, shall establish an automatic voter
16registration program that satisfies the requirements of this
17Section and other applicable law.
18 (b) If an application, an application for renewal, a change
19of address form, or a recertification form for a driver's
20license, other than a temporary visitor's driver's license, or
21a State identification card issued by the Office of the
22Secretary of State meets the requirements of the federal REAL
23ID Act of 2005, then that application shall serve as a
24dual-purpose application. The dual-purpose application shall:
25 (1) also serve as an application to register to vote in

SB1933 Enrolled- 8 -LRB100 11359 MLM 21744 b
1 Illinois;
2 (2) allow an applicant to change his or her registered
3 residence address or name as it appears on the voter
4 registration rolls;
5 (3) provide the applicant with an opportunity to
6 affirmatively decline to register to vote or to change his
7 or her registered residence address or name by providing a
8 check box on the application form without requiring the
9 applicant to state the reason; and
10 (4) unless the applicant declines to register to vote
11 or change his or her registered residence address or name,
12 require the applicant to attest, by signature under penalty
13 of perjury as described in subsection (e) of this Section,
14 to meeting the qualifications to register to vote in
15 Illinois at his or her residence address as indicated on
16 his or her driver's license or identification card
17 dual-purpose application.
18 (b-5) If an application, an application for renewal, a
19change of address form, or a recertification form for a
20driver's license, other than a temporary visitor's driver's
21license, or a State identification card issued by the Office of
22the Secretary of State does not meet the requirements of the
23federal REAL ID Act of 2005, then that application shall serve
24as a dual-purpose application. The dual-purpose application
25shall:
26 (1) also serve as an application to register to vote in

SB1933 Enrolled- 9 -LRB100 11359 MLM 21744 b
1 Illinois;
2 (2) allow an applicant to change his or her registered
3 residence address or name as it appears on the voter
4 registration rolls; and
5 (3) if the applicant chooses to register to vote or to
6 change his or her registered residence address or name,
7 then require the applicant to attest, by a separate
8 signature under penalty of perjury, to meeting the
9 qualifications to register to vote in Illinois at his or
10 her residence address as indicated on his or her
11 dual-purpose application.
12 (b-10) The Office of the Secretary of State shall clearly
13and conspicuously inform each applicant in writing: (i) of the
14qualifications to register to vote in Illinois, (ii) of the
15penalties provided by law for submission of a false voter
16registration application, (iii) that, unless the applicant
17declines to register to vote or update his or her voter
18registration, his or her dual-purpose application shall also
19serve as both an application to register to vote and his or her
20attestation that he or she meets the eligibility requirements
21for voter registration, and that his or her application to
22register to vote or update his or her registration will be
23transmitted to the State Board of Elections for the purpose of
24registering the person to vote at the residence address to be
25indicated on his or her driver's license or identification
26card, and (iv) that declining to register to vote is

SB1933 Enrolled- 10 -LRB100 11359 MLM 21744 b
1confidential and will not affect any services the person may be
2seeking from the Office of the Secretary of State.
3 (c) The Office of the Secretary of State shall review
4information provided to the Office of the Secretary of State by
5the State Board of Elections to inform each applicant for a
6driver's license or permit, other than a temporary visitor's
7driver's license, or a State identification card issued by the
8Office of the Secretary of State whether the applicant is
9currently registered to vote in Illinois and, if registered, at
10what address.
11 (d) The Office of the Secretary of State shall not require
12an applicant for a driver's license or State identification
13card to provide duplicate identification or information in
14order to complete an application to register to vote or change
15his or her registered residence address or name. Before
16transmitting any personal information about an applicant to the
17State Board of Elections, the Office of the Secretary of State
18shall review its records of the identification documents the
19applicant provided in order to complete the application for a
20driver's license or State identification card, to confirm that
21nothing in those documents indicates that the applicant does
22not satisfy the qualifications to register to vote in Illinois
23at his or her residence address.
24 (e) A completed, signed application for (i) a driver's
25license or permit, other than a temporary visitor's driver's
26license, or a State identification card issued by the Office of

SB1933 Enrolled- 11 -LRB100 11359 MLM 21744 b
1the Secretary of State, that meets the requirements of the
2federal REAL ID Act of 2005; or (ii) a completed application
3under subsection (b-5) of this Section with a separate
4signature attesting the applicant meets the qualifications to
5register to vote in Illinois at his or her residence address as
6indicated on his or her application shall constitute a signed
7application to register to vote in Illinois at the residence
8address indicated in the application unless the person
9affirmatively declined in the application to register to vote
10or to change his or her registered residence address or name.
11If the identification documents provided to complete the
12dual-purpose application indicate that he or she does not
13satisfy the qualifications to register to vote in Illinois at
14his or her residence address, the application shall be marked
15as incomplete.
16 (f) For each completed and signed application that
17constitutes an application to register to vote in Illinois or
18provides for a change in the applicant's registered residence
19address or name, the Office of the Secretary of State shall
20electronically transmit to the State Board of Elections
21personal information needed to complete the person's
22registration to vote in Illinois at his or her residence
23address. The application to register to vote shall be processed
24in accordance with Section 1A-16.7.
25 (g) If the federal REAL ID Act of 2005 is repealed,
26abrogated, superseded, or otherwise no longer in effect, then

SB1933 Enrolled- 12 -LRB100 11359 MLM 21744 b
1the State Board of Elections shall establish criteria for
2determining reliable personal information indicating
3citizenship status and shall adopt rules as necessary for the
4Secretary of State to continue processing dual-purpose
5applications under this Section.
6 (h) As used in this Section, "dual-purpose application"
7means an application, an application for renewal, a change of
8address form, or a recertification form for driver's license or
9permit, other than a temporary visitor's driver's license, or a
10State identification card offered by the Secretary of State
11that also serves as an application to register to vote in
12Illinois. "Dual-purpose application" does not mean an
13application under subsection (c) of Section 6-109 of the
14Illinois Vehicle Code.
15 (10 ILCS 5/1A-16.2 new)
16 Sec. 1A-16.2. Automatic voter registration; designated
17automatic voter registration agencies.
18 (a) Each designated automatic voter registration agency
19shall, pursuant to an interagency contract and jointly-adopted
20rules with the State Board of Elections, agree to participate
21in an automatic voter registration program established by the
22State Board of Elections that satisfies the requirements of
23this Section and other applicable law. If the designated
24automatic voter registration agency provides applications,
25applications for renewal, change of address forms, or

SB1933 Enrolled- 13 -LRB100 11359 MLM 21744 b
1recertification forms to individuals for services offered by
2another agency, then the State Board of Elections and the
3designated automatic voter agency shall consult with the other
4agency. The State Board of Elections shall consider the current
5technological capabilities of the designated voter
6registration agency when drafting interagency contracts and
7jointly-adopted rules. The State Board of Elections and the
8designated automatic voter registration agency shall amend
9these contracts and rules as the technological capabilities of
10the designated voter registration agencies improve.
11 (b) As provided in subsection (a) of this Section, each
12designated automatic voter registration agency that collects
13or cross-references reliable personal information indicating
14citizenship status may provide that an application for a
15license, permit, program, or service shall serve as a
16dual-purpose application. The dual-purpose application shall:
17 (1) also serve as an application to register to vote in
18 Illinois;
19 (2) allow an applicant to change his or her registered
20 residence address or name as it appears on the voter
21 registration rolls;
22 (3) provide the applicant with an opportunity to
23 affirmatively decline to register to vote or change his or
24 her registered residence address or name by providing a
25 check box on the application form without requiring the
26 applicant to state the reason; and

SB1933 Enrolled- 14 -LRB100 11359 MLM 21744 b
1 (4) unless the applicant declines to register to vote
2 or to change his or her registered residence address or
3 name, require the applicant to attest, by signature under
4 penalty of perjury, to meeting the qualifications to
5 register to vote in Illinois at his or her residence
6 address as indicated on his or her dual-purpose
7 application.
8 (c) As provided in subsection (a) of this Section, each
9designated automatic voter registration agency that does not
10collect or cross-reference records containing reliable
11personal information indicating citizenship status may provide
12that an application, an application for renewal, a change of
13address form, or a recertification form for a license, permit,
14program, or service shall serve as a dual-purpose application.
15The dual-purpose application shall:
16 (1) also serve as an application to register to vote in
17 Illinois;
18 (2) allow an applicant to change his or her registered
19 residence address or name as it appears on the voter
20 registration rolls; and
21 (3) if the applicant chooses to register to vote or to
22 change his or her registered residence address or name,
23 then require the applicant to attest, by a separate
24 signature under penalty of perjury, to meeting the
25 qualifications to register to vote in Illinois at his or
26 her residence address as indicated on his or her

SB1933 Enrolled- 15 -LRB100 11359 MLM 21744 b
1 dual-purpose application.
2 (c-5) The designated automatic voter registration agency
3shall clearly and conspicuously inform each applicant in
4writing: (i) of the qualifications to register to vote in
5Illinois, (ii) of the penalties provided by law for submission
6of a false voter registration application, (iii) that, unless
7the applicant declines to register to vote or update his or her
8voter registration, his or her application shall also serve as
9both an application to register to vote and his or her
10attestation that he or she meets the eligibility requirements
11for voter registration, and that his or her application to
12register to vote or update his or her registration will be
13transmitted to the State Board of Elections for the purpose of
14registering the person to vote at the residence address to be
15indicated on the dual-purpose application, (iv) that
16information identifying the agency at which he or she applied
17to register to vote is confidential, (v) that declining to
18register to vote is confidential and will not affect any
19services the person may be seeking from the agency, and (vi)
20any additional information needed in order to comply with
21Section 7 of the federal National Voter Registration Act of
221993.
23 (d) The designated automatic voter registration agency
24shall review information provided to the agency by the State
25Board of Elections to inform each applicant whether the
26applicant is currently registered to vote in Illinois and, if

SB1933 Enrolled- 16 -LRB100 11359 MLM 21744 b
1registered, at what address.
2 (e) The designated automatic voter registration agency
3shall not require an applicant for a dual-purpose application
4to provide duplicate identification or information in order to
5complete an application to register to vote or change his or
6her registered residence address or name. Before transmitting
7any personal information about an applicant to the State Board
8of Elections, the agency shall review its records of the
9identification documents the applicant provided or that the
10agency cross-references in order to complete the dual-purpose
11application, to confirm that nothing in those documents
12indicates that the applicant does not satisfy the
13qualifications to register to vote in Illinois at his or her
14residence address. A completed and signed dual-purpose
15application, including a completed application under
16subsection (c) of this Section with a separate signature
17attesting that the applicant meets the qualifications to
18register to vote in Illinois at his or her residence address as
19indicated on his or her application, shall constitute an
20application to register to vote in Illinois at the residence
21address indicated in the application unless the person
22affirmatively declined in the application to register to vote
23or to change his or her registered residence address or name.
24If the identification documents provided to complete the
25dual-purpose application, or that the agency cross-references,
26indicate that he or she does not satisfy the qualifications to

SB1933 Enrolled- 17 -LRB100 11359 MLM 21744 b
1register to vote in Illinois at his or her residence address,
2the application shall be marked as incomplete.
3 (f) 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 or name, the designated automatic voter
7registration agency shall electronically transmit to the State
8Board of Elections personal information needed to complete the
9person's registration to vote in Illinois at his or her
10residence address. The application to register to vote shall be
11processed in accordance with Section 1A-16.7.
12 (g) As used in this Section:
13 "Designated automatic voter registration agency" or
14 "agency" means the divisions of Family and Community
15 Services and Rehabilitation Services of the Department of
16 Human Services, the Department of Employment Security, the
17 Department of Financial and Professional Regulation, the
18 Department of Natural Resources, or an agency of the State
19 or federal government that has been determined by the State
20 Board of Elections to have access to reliable personal
21 information and has entered into an interagency contract
22 with the State Board of Elections to participate in the
23 automatic voter registration program under this Section.
24 "Dual-purpose application" means an application, an
25 application for renewal, a change of address form, or a
26 recertification form for a license, permit, program, or

SB1933 Enrolled- 18 -LRB100 11359 MLM 21744 b
1 service offered by a designated automatic voter
2 registration agency that also serves as an application to
3 register to vote in Illinois.
4 "Reliable personal information" means information
5 about individuals obtained from government sources that
6 may be used to verify whether an individual is eligible to
7 register to vote.
8 (h) This Section shall be implemented no later than July 1,
92019.
10 (10 ILCS 5/1A-16.6)
11 Sec. 1A-16.6. Government agency voter registration.
12 (a) By April 1, 2016, the State Board of Elections shall
13establish and maintain a portal for government agency
14registration that permits an eligible person to electronically
15apply to register to vote or to update his or her existing
16voter registration whenever he or she conducts business, either
17online or in person, with a designated government agency. The
18portal shall interface with the online voter registration
19system established in Section 1A-16.5 of this Code and shall be
20capable of receiving and processing voter registration
21application information, including electronic signatures, from
22a designated government agency. The State Board of Elections
23shall modify the online voter registration system as necessary
24to implement this Section.
25 Voter registration data received from a designated

SB1933 Enrolled- 19 -LRB100 11359 MLM 21744 b
1government agency through the online registration system shall
2be processed as provided for in Section 1A-16.5 of this Code.
3 Whenever the registration interface is accessible to the
4general public, including, but not limited to, online
5transactions, the interface shall allow the applicant to
6complete the process as provided for in Section 1A-16.5 of this
7Code. The online interface shall be capable of providing the
8applicant with the applicant's voter registration status with
9the State Board of Elections and, if registered, the
10applicant's current registration address. The applicant shall
11not be required to re-enter any registration data, such as
12name, address, and birth date, if the designated government
13agency already has that information on file. The applicant
14shall be informed that by choosing to register to vote or to
15update his or her existing voter registration, the applicant
16consents to the transfer of the applicant's personal
17information to the State Board of Elections.
18 Whenever a government employee is accessing the
19registration system while servicing the applicant, the
20government employee shall notify the applicant of the
21applicant's registration status with the State Board of
22Elections and, if registered, the applicant's current
23registration address. If the applicant elects to register to
24vote or to update his or her existing voter registration, the
25government employee shall collect the needed information and
26assist the applicant with his or her registration. The

SB1933 Enrolled- 20 -LRB100 11359 MLM 21744 b
1applicant shall be informed that by choosing to register to
2vote or to update his or her existing voter registration, the
3applicant consents to the transfer of the applicant's personal
4information to the State Board of Elections.
5 In accordance with technical specifications provided by
6the State Board of Elections, each designated government agency
7shall maintain a data transfer mechanism capable of
8transmitting voter registration application information,
9including electronic signatures where available, to the online
10voter registration system established in Section 1A-16.5 of
11this Code. Each designated government agency shall establish
12and operate a voter registration system capable of transmitting
13voter registration application information to the portal as
14described in this Section by July 1, 2016.
15 (b) Whenever an applicant's data is transferred from a
16designated government agency, the agency must transmit a
17signature image if available. If no signature image was
18provided by the agency or if no signature image is available in
19the Secretary of State's database or the statewide voter
20registration database, the applicant must be notified that
21their registration will remain in a pending status and the
22applicant will be required to provide identification and a
23signature to the election authority on Election Day in the
24polling place or during early voting.
25 (c) The State Board of Elections shall track registration
26data received through the online registration system that

SB1933 Enrolled- 21 -LRB100 11359 MLM 21744 b
1originated from a designated government agency for the purposes
2of maintaining statistics required by the federal National
3Voter Registration Act of 1993, as amended.
4 (d) The State Board of Elections shall submit a report to
5the General Assembly and the Governor by December 1, 2015
6detailing the progress made to implement the government agency
7voter registration portal described in this Section.
8 (e) The Board shall adopt rules, in consultation with the
9impacted agencies.
10 (f) As used in this Section, a "designated government
11agency" means the Secretary of State's Driver Services and
12Vehicle Services Departments, the Department of Human
13Services, the Department of Healthcare and Family Services, the
14Department of Employment Security, and the Department on Aging;
15however, if the designated government agency becomes a
16designated automatic voter registration agency under Section
171A-16.1 or Section 1A-16.2 of this Code, that agency shall
18cease to be a designated government agency under this Section.
19(Source: P.A. 98-1171, eff. 6-1-15.)
20 (10 ILCS 5/1A-16.7 new)
21 Sec. 1A-16.7. Automatic voter registration.
22 (a) The State Board of Elections shall establish and
23maintain a portal for automatic government agency voter
24registration that permits an eligible person to electronically
25apply to register to vote or to update his or her existing

SB1933 Enrolled- 22 -LRB100 11359 MLM 21744 b
1voter registration as provided in Section 1A-16.1 or Section
21A-16.2. The portal shall interface with the online voter
3registration system established in Section 1A-16.5 of this Code
4and shall be capable of receiving and processing voter
5registration application information, including electronic
6signatures, from the Office of the Secretary of State and each
7designated automatic voter registration agency, as defined in
8Section 1A-16.2. The State Board of Elections may
9cross-reference voter registration information from any
10designated automatic voter registration agency, as defined
11under Section 1A-16.2 of this Code, with information contained
12in the database of the Secretary of State as provided under
13subsection (c) of Section 1A-16.5 of this Code. The State Board
14of Elections shall modify the online voter registration system
15as necessary to implement this Section.
16 (b) Voter registration data received from the Office of the
17Secretary of State or a designated automatic voter registration
18agency through the online registration application system
19shall be processed as provided in Section 1A-16.5 of this Code.
20 (c) The State Board of Elections shall establish technical
21specifications applicable to each automatic government
22registration program, including data format and transmission
23specifications. The Office of the Secretary of State and each
24designated automatic voter registration agency shall maintain
25a data transfer mechanism capable of transmitting voter
26registration application information, including electronic

SB1933 Enrolled- 23 -LRB100 11359 MLM 21744 b
1signatures where available, to the online voter registration
2system established in Section 1A-16.5 of this Code.
3 (d) The State Board of Elections shall, by rule, establish
4criteria and procedures for determining whether an agency of
5the State or federal government seeking to become a designated
6automatic voter registration agency has access to reliable
7personal information, as defined under this subsection (d) and
8subsection (f) of Section 1A-16.2 of this Code, and otherwise
9meets the requirements to enter into an interagency contract
10and to operate as a designated automatic voter registration
11agency. The State Board of Elections shall approve each
12interagency contract upon affirmative vote of a majority of its
13members.
14 As used in this subsection (d), "reliable personal
15information" means information about individuals obtained from
16government sources that may be used to verify whether an
17individual is eligible to register to vote.
18 (e) Whenever an applicant's data is transferred from the
19Office of the Secretary of State or a designated automatic
20voter registration agency, the agency must transmit a signature
21image if available. If no signature image was provided by the
22agency, or if no signature image is available in the Office of
23the Secretary of State's database or the statewide voter
24registration database, the applicant must be notified that his
25or her registration will remain in a pending status, and the
26applicant will be required to provide identification that

SB1933 Enrolled- 24 -LRB100 11359 MLM 21744 b
1complies with the federal Help America Vote Act of 2002 and a
2signature to the election authority on election day in the
3polling place or during early voting.
4 (f) Upon receipt of personal information collected and
5transferred by the Office of the Secretary of State or a
6designated automatic voter registration agency, the State
7Board of Elections shall check the information against the
8statewide voter registration database. The State Board of
9Elections shall create and electronically transmit to the
10appropriate election authority a voter registration
11application for any individual who is not registered to vote in
12Illinois and is not disqualified as provided in this Section or
13whose information reliably indicates a more recent update to
14the name or address of a person already included in the
15statewide voter database. The election authority shall process
16the application accordingly.
17 (g) The appropriate election authority shall ensure that
18any applicant who is registered to vote or whose existing voter
19registration is updated under this Section is promptly sent
20written notice of the change. The notice required by this
21subsection (g) may be sent or combined with other notices
22required or permitted by law, including, but not limited to,
23any notices sent pursuant to Section 1A-16.5 of this Code. Any
24notice required by this subsection (g) shall contain, at a
25minimum: (i) the applicant's name and residential address as
26reflected on the voter registration list; (ii) a statement

SB1933 Enrolled- 25 -LRB100 11359 MLM 21744 b
1notifying the applicant to contact the appropriate election
2authority if his or her voter registration has been updated in
3error; (iii) the qualifications to register to vote in
4Illinois; (iv) a statement notifying the applicant that he or
5she may opt out of voter registration or request a change to
6his or her registration information at any time by contacting
7an election official; and (v) contact information for the
8appropriate election authority, including a phone number,
9address, electronic mail address, and website address.
10 (h) The appropriate election authority shall ensure that
11any applicant whose voter registration application is not
12accepted or deemed incomplete is promptly sent written notice
13of the application's status. The notice required by this
14subsection may be sent or combined with other notices required
15or permitted by law, including, but not limited to, any notices
16sent pursuant to Section 1A-16.5 of this Code. Any notice
17required by this subsection (h) shall contain, at a minimum,
18the reason the application was not accepted or deemed
19incomplete and contact information for the appropriate
20election authority, including a phone number, address,
21electronic mail address, and website address.
22 (i) If the Office of the Secretary of State or a designated
23automatic voter registration agency transfers information, or
24if the State Board of Elections creates and transmits a voter
25registration application, for a person who does not qualify as
26an eligible voter, then it shall not constitute a completed

SB1933 Enrolled- 26 -LRB100 11359 MLM 21744 b
1voter registration form, and the person shall not be considered
2to have registered to vote.
3 (j) If the registration is processed by any election
4authority, then it shall be presumed to have been effected and
5officially authorized by the State, and that person shall not
6be found on that basis to have made a false claim to
7citizenship or to have committed an act of moral turpitude, nor
8shall that person be subject to penalty under any relevant
9laws, including, but not limited to, Sections 29-10 and 29-19
10of this Code. This subsection (j) does not apply to a person
11who knows that he or she is not entitled to register to vote
12and who willfully votes, registers to vote, or attests under
13penalty of perjury that he or she is eligible to register to
14vote or willfully attempts to vote or to register to vote.
15 (k) The State Board of Elections, the Office of the
16Secretary of State, and each designated automatic voter
17registration agency shall implement policies and procedures to
18protect the privacy and security of voter information as it is
19acquired, stored, and transmitted among agencies, including
20policies for the retention and preservation of voter
21information. Information designated as confidential under this
22Section may be recorded and shared among the State Board of
23Elections, election authorities, the Office of the Secretary of
24State, and designated automatic voter registration agencies,
25but shall be used only for voter registration purposes, shall
26not be disclosed to the public except in the aggregate as

SB1933 Enrolled- 27 -LRB100 11359 MLM 21744 b
1required by subsection (m) of this Section, and shall not be
2subject to the Freedom of Information Act. The following
3information shall be designated as confidential:
4 (1) any portion of an applicant's Social Security
5 number;
6 (2) any portion of an applicant's driver's license
7 number or State identification number;
8 (3) an applicant's decision to decline voter
9 registration;
10 (4) the identity of the person providing information
11 relating to a specific applicant; and
12 (5) the personal residence and contact information of
13 any applicant for whom notice has been given by an
14 appropriate legal authority.
15 This subsection (k) shall not apply to information the
16State Board of Elections is required to share with the
17Electronic Registration Information Center.
18 (l) The voter registration procedures implemented under
19this Section shall comport with the federal National Voter
20Registration Act of 1993, as amended, and shall specifically
21require that the State Board of Elections track registration
22data received through the online registration system that
23originated from a designated automatic voter registration
24agency for the purposes of maintaining statistics.
25 Nothing in this Code shall require designated voter
26registration agencies to transmit information that is

SB1933 Enrolled- 28 -LRB100 11359 MLM 21744 b
1confidential client information under State or federal law
2without the consent of the applicant.
3 (m) The State Board of Elections, each election authority
4that maintains a website, the Office of the Secretary of State,
5and each designated automatic voter registration agency that
6maintains a website shall provide information on their websites
7informing the public about the new registration procedures
8described in this Section. The Office of the Secretary of State
9and each designated automatic voter registration agency shall
10display signage or provide literature for the public containing
11information about the new registration procedures described in
12this Section.
13 (n) No later than 6 months after the effective date of this
14amendatory Act of the 100th General Assembly, the State Board
15of Elections shall hold at least one public hearing on
16implementing this amendatory Act of the 100th General Assembly
17at which the public may provide input.
18 (o) The State Board of Elections shall submit an annual
19public report to the General Assembly and the Governor
20detailing the progress made to implement this Section. The
21report shall include all of the following: the number of
22records transferred under this Section by agency, the number of
23voters newly added to the statewide voter registration list
24because of records transferred under this Section by agency,
25the number of updated registrations under this Section by
26agency, the number of persons who opted out of voter

SB1933 Enrolled- 29 -LRB100 11359 MLM 21744 b
1registration, and the number of voters who submitted voter
2registration forms using the online procedure described in
3Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
4may include less detail if election authorities are not
5equipped to provide complete information to the State Board of
6Elections. Any report produced under this subsection (o) shall
7exclude any information that identifies any individual
8personally.
9 (p) The State Board of Elections, in consultation with
10election authorities, the Office of the Secretary of State,
11designated automatic voter registration agencies, and
12community organizations, shall adopt rules as necessary to
13implement the provisions of this Section.
14 (10 ILCS 5/1A-16.8)
15 Sec. 1A-16.8. Automatic transfer of registration based
16upon information from the National Change of Address database
17and designated automatic voter registration agencies.
18 (a) The State Board of Elections shall cross-reference the
19statewide voter registration database against the United
20States Postal Service's National Change of Address database
21twice each calendar year, April 15 and October 1 in
22odd-numbered years and April 15 and December 1 in even-numbered
23years or with the same frequency as in subsection (b) of this
24Section, and shall share the findings with the election
25authorities.

SB1933 Enrolled- 30 -LRB100 11359 MLM 21744 b
1 (b) In addition, beginning no later than September 1, 2017,
2the State Board of Elections shall utilize data provided as
3part of its membership in the Electronic Registration
4Information Center in order to cross-reference the statewide
5voter registration database against databases of relevant
6personal information kept by designated automatic voter
7registration agencies, including, but not limited to, driver's
8license information kept by the Secretary of State, at least 6
9times each calendar year and shall share the findings with
10election authorities.
11 This subsection (b) shall no longer apply once Sections
121A-16.1 and 1A-16.2 of this Code are fully implemented as
13determined by the State Board of Elections. Upon a
14determination by the State Board of Elections of full
15implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
16the State Board of Elections shall file notice of full
17implementation and the inapplicability of this subsection (b)
18with the Index Department of the Office of the Secretary of
19State, the Governor, the General Assembly, and the Legislative
20Reference Bureau.
21 (b-5) The State Board of Elections shall not be required to
22share any data on any voter attained using the National Change
23of Address database under subsection (a) of this Section if
24that voter has a more recent government transaction indicated
25using the cross-reference under subsection (b) of this Section.
26If there is contradictory or unclear data between data obtained

SB1933 Enrolled- 31 -LRB100 11359 MLM 21744 b
1under subsections (a) and (b) of this Section, then data
2obtained under subsection (b) of this Section shall take
3priority.
4 (c) An election authority shall automatically register any
5voter who has moved into its jurisdiction from another
6jurisdiction in Illinois or has moved within its jurisdiction
7provided that:
8 (1) the election authority whose jurisdiction includes
9 the new registration address provides the voter an
10 opportunity to reject the change in registration address
11 through a mailing, sent by non-forwardable mail, to the new
12 registration address, and
13 (2) when the election authority whose jurisdiction
14 includes the previous registration address is a different
15 election authority, then that election authority provides
16 the same opportunity through a mailing, sent by forwardable
17 mail, to the previous registration address.
18 This change in registration shall trigger the same
19inter-jurisdictional or intra-jurisdictional workflows as if
20the voter completed a new registration card, including the
21cancellation of the voter's previous registration. Should the
22registration of a voter be changed from one address to another
23within the State and should the voter appear at the polls and
24offer to vote from the prior registration address, attesting
25that the prior registration address is the true current
26address, the voter, if confirmed by the election authority as

SB1933 Enrolled- 32 -LRB100 11359 MLM 21744 b
1having been registered at the prior registration address and
2canceled only by the process authorized by this Section, shall
3be issued a regular ballot, and the change of registration
4address shall be canceled. If the election authority is unable
5to immediately confirm the registration, the voter shall be
6permitted to register and vote a regular ballot, provided that
7he or she meets the documentary requirements for same-day
8registration. If the election authority is unable to confirm
9the registration and the voter does not meet the requirements
10for same-day registration, the voter shall be issued a
11provisional ballot.
12 (d) No voter shall be disqualified from voting due to an
13error relating to an update of registration under this Section.
14(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
15 (10 ILCS 5/1A-16.9 new)
16 Sec. 1A-16.9. Implementation. The changes made by this
17amendatory Act of the 100th General Assembly shall be
18implemented no later than July 1, 2018, except for the changes
19made to Section 1A-16.2 of this Code.
20 Section 15. The Illinois Vehicle Code is amended by
21changing Section 2-105 as follows:
22 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
23 Sec. 2-105. Offices of Secretary of State.

SB1933 Enrolled- 33 -LRB100 11359 MLM 21744 b
1 (a) The Secretary of State shall maintain offices in the
2State capital and in such other places in the State as he may
3deem necessary to properly carry out the powers and duties
4vested in him.
5 (b) The Secretary of State may construct and equip one or
6more buildings in the State of Illinois outside of the County
7of Sangamon as he deems necessary to properly carry out the
8powers and duties vested in him. The Secretary of State may, on
9behalf of the State of Illinois, acquire public or private
10property needed therefor by lease, purchase or eminent domain.
11The care, custody and control of such sites and buildings
12constructed thereon shall be vested in the Secretary of State.
13Expenditures for the construction and equipping of any of such
14buildings upon premises owned by another public entity shall
15not be subject to the provisions of any State law requiring
16that the State be vested with absolute fee title to the
17premises. The exercise of the authority vested in the Secretary
18of State by this Section is subject to the appropriation of the
19necessary funds.
20 (c) Pursuant to Sections 1A-16.1, 1A-16.7, and Section
211A-25 of the Election Code, the Secretary of State shall make
22driver services facilities available for use as places of
23accepting applications for voter registration.
24 (d) (Blank).
25 (e) Each person applying at a driver services facility for
26a driver's license or permit, a corrected driver's license or

SB1933 Enrolled- 34 -LRB100 11359 MLM 21744 b
1permit, an Illinois identification card or a corrected Illinois
2identification card shall be notified, under the procedures set
3forth in Sections 1A-16.1 and 1A-16.7 of the Election Code,
4that unless he or she affirmatively declines, his or her
5personal information shall be transferred to the State Board of
6Elections for the purpose of creating an electronic voter
7registration application that the person may apply to register
8to vote at such station and may also apply to transfer his or
9her voter registration at such station to a different address
10in the State. Such notification may be made in writing or
11verbally issued by an employee or the Secretary of State.
12 The Secretary of State shall promulgate such rules as may
13be necessary for the efficient execution of his duties and the
14duties of his employees under this Section.
15 (f) Any person applying at a driver services facility for
16issuance or renewal of a driver's license or Illinois
17Identification Card shall be provided, without charge, with a
18brochure warning the person of the dangers of financial
19identity theft. The Department of Financial and Professional
20Regulation shall prepare these brochures and provide them to
21the Secretary of State for distribution. The brochures shall
22(i) identify signs warning the reader that he or she might be
23an intended victim of the crime of financial identity theft,
24(ii) instruct the reader in how to proceed if the reader
25believes that he or she is the victim of the crime of identity
26theft, and (iii) provide the reader with names and telephone

SB1933 Enrolled- 35 -LRB100 11359 MLM 21744 b
1numbers of law enforcement and other governmental agencies that
2provide assistance to victims of financial identity theft.
3 (g) The changes made by this amendatory Act of the 100th
4General Assembly shall be implemented no later than July 1,
52018.
6(Source: P.A. 97-81, eff. 7-5-11.)
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
feedback