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


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: Partisan Bill (Democrat 20-0)

Status: (Introduced) 2017-03-23 - Added as Co-Sponsor Sen. John J. Cullerton [SB1933 Detail]

Download: Illinois-2017-SB1933-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1933

Introduced 2/10/2017, by Sen. Andy Manar - Don Harmon

SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
10 ILCS 5/1-16 new
10 ILCS 5/1A-16.1 new
10 ILCS 5/1A-16.2 new
10 ILCS 5/1A-16.6
10 ILCS 5/1A-16.8
10 ILCS 5/1A-16.9 new
625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105

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.
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A BILL FOR

SB1933LRB100 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

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

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

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

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

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1 Act.
2 (aa) Information which is exempted from disclosure
3 under Section 2.37 of the Wildlife Code.
4 (bb) Information which is or was prohibited from
5 disclosure by the Juvenile Court Act of 1987.
6 (cc) Recordings made under the Law Enforcement
7 Officer-Worn Body Camera Act, except to the extent
8 authorized under that Act.
9 (dd) Information that is prohibited from being
10 disclosed under Section 45 of the Condominium and Common
11 Interest Community Ombudsperson Act.
12 (ee) (dd) Information that is exempted from disclosure
13 under Section 30.1 of the Pharmacy Practice Act.
14 (ff) Records that are exempt from disclosure under
15 Section 1A-16.6 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, and 1A-16.9 as follows:
24 (10 ILCS 5/1-16 new)

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

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

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

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1register to vote in Illinois at the residence address indicated
2in the application unless (i) the person affirmatively declined
3in the application to register to vote or to change his or her
4registered residence address or (ii) the records of the Office
5of the Secretary of State regarding the applicant indicate that
6he or she does not satisfy the qualifications to register to
7vote in Illinois at his or her residence address.
8 (f) For each completed and signed application that
9constitutes an application to register to vote in Illinois or
10provides for a change in the applicant's registered residence
11address, the Office of the Secretary of State shall
12electronically transmit to the State Board of Elections
13personal information needed to complete the person's
14registration to vote in Illinois at his or her residence
15address. The application to register to vote shall be processed
16in accordance with Section 1A-16.6.
17 (10 ILCS 5/1A-16.2 new)
18 Sec. 1A-16.2. Automatic voter registration; designated
19automatic voter registration agencies.
20 (a) Each designated automatic voter registration agency
21may, pursuant to an interagency contract and jointly-adopted
22rules with the State Board of Elections, agree to participate
23in an automatic voter registration program established by the
24State Board of Elections that satisfies the requirements of
25this Section and other applicable law.

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1 (b) As provided in subsection (a), each designated
2automatic voter registration agency that collects or
3cross-references reliable personal information indicating
4citizenship status may provide that an application for a
5license, permit, program, or service offered by that agency
6shall serve as a dual-purpose application. The dual-purpose
7application shall:
8 (1) also serve as an application to register to vote in
9 Illinois;
10 (2) allow an applicant to change his or her registered
11 residence address;
12 (3) clearly and conspicuously inform the applicant in
13 writing (i) of the qualifications to register to vote in
14 Illinois, (ii) of the penalties provided by law for
15 submission of a false voter registration application,
16 (iii) that, unless the applicant declines to register to
17 vote or update his or her voter registration, his or her
18 application shall also serve as both an application to
19 register to vote and his or her attestation that he or she
20 meets the eligibility requirements for voter registration,
21 and that his or her application to register to vote or
22 update his or her registration will be transmitted to the
23 State Board of Elections for the purpose of registering the
24 person to vote at the residence address to be indicated on
25 the dual-purpose application, (iv) that information
26 identifying the agency at which he or she applied to

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1 register to vote is confidential, (vi) that declining to
2 register to vote is confidential and will not affect any
3 services the person may be seeking from the agency, and
4 (vii) any additional information needed in order to comply
5 with Section 7 of the federal National Voter Registration
6 Act of 1993;
7 (4) provide the applicant with an opportunity to
8 affirmatively decline to register to vote or change his or
9 her registered residence address by providing a check box
10 on the application form without requiring the applicant to
11 state the reason; and
12 (5) unless the applicant declines to register to vote
13 or to change his or her registered residence address,
14 require the applicant to attest, by signature under penalty
15 of perjury, to meeting the qualifications to register to
16 vote in Illinois at his or her residence address as
17 indicated on his or her dual-purpose application.
18 (c) As provided in subsection (a) of this Section, each
19designated automatic voter registration agency that does not
20collect or cross-reference records containing reliable
21personal information indicating citizenship status may provide
22that an application for a license, permit, program, or service
23offered by that agency shall serve as a dual-purpose
24application. The dual-purpose application shall:
25 (1) also serve as an application to register to vote in
26 Illinois;

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1 (2) allow an applicant to change his or her registered
2 residence address;
3 (3) require the applicant to attest, by a separate
4 signature under penalty of perjury, to meeting the
5 qualifications to register to vote in Illinois at his or
6 her residence address as indicated on his or her
7 dual-purpose application;
8 (4) clearly and conspicuously inform the applicant in
9 writing (i) of the qualifications to register to vote in
10 Illinois, (ii) of the penalties provided by law for
11 submission of a false voter registration application,
12 (iii) that the dual-purpose application is also an
13 application to register to vote in Illinois, (iv) that, if
14 he or she decides to register to vote or to change his or
15 her registered residence address, the applicant's personal
16 information will be transmitted to the State Board of
17 Elections for the purpose of registering the person to vote
18 at the residence address to be indicated on the
19 dual-purpose application, (v) that information identifying
20 the agency at which he or she applied to register to vote
21 is confidential, (vi) that his or her decision on whether
22 to register to vote is confidential and will not affect any
23 services the person may be seeking from the agency; and
24 (vii) any additional information needed in order to comply
25 with Section 7 of the federal National Voter Registration
26 Act of 1993.

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

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1the agency's records regarding the applicant indicate that he
2or she does not satisfy the qualifications to register to vote
3in Illinois at his or her residence address.
4 (f) For each completed and signed dual-purpose application
5that constitutes an application to register to vote in Illinois
6or provides for a change in the applicant's registered
7residence address, the designated automatic voter registration
8agency shall electronically transmit to the State Board of
9Elections personal information needed to complete the person's
10registration to vote in Illinois at his or her residence
11address. The application to register to vote shall be processed
12in accordance with Section 1A-16.7.
13 (g) As used in this Section:
14 "Designated automatic voter registration agency" or
15 "agency" means the Department of Human Services, the
16 Department of Healthcare and Family Services, the
17 Department of Employment Security, the Department on
18 Aging, or an agency of the State or federal government that
19 has been determined by the State Board of Elections to have
20 access to reliable personal information and has entered
21 into an interagency contract with the State Board of
22 Elections to participate in the automatic voter
23 registration program under this Section.
24 "Dual-purpose application" means an application for a
25 license, permit, program, or service offered by a
26 designated automatic voter registration agency that also

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1 serves as an application to register to vote in Illinois.
2 "Reliable personal information" means information
3 about individuals obtained from government sources that
4 may be used to verify whether an individual is eligible to
5 register to vote.
6 (10 ILCS 5/1A-16.6)
7 Sec. 1A-16.6. Automatic Government agency voter
8registration.
9 (a) The State Board of Elections shall establish and
10maintain a portal for automatic government agency voter
11registration that permits an eligible person to electronically
12apply to register to vote or to update his or her existing
13voter registration as provided in Section 1A-16.1 or Section
141A-16.2. The portal shall interface with the online voter
15registration system established in Section 1A-16.5 of this Code
16and shall be capable of receiving and processing voter
17registration application information, including electronic
18signatures, from the Office of the Secretary of State and each
19designated automatic voter registration agency, as defined in
20Section 1A-16.2. The State Board of Elections shall modify the
21online voter registration system as necessary to implement this
22Section. By April 1, 2016, the State Board of Elections shall
23establish and maintain a portal for government agency
24registration that permits an eligible person to electronically
25apply to register to vote or to update his or her existing

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

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1information to the State Board of Elections.
2 Whenever a government employee is accessing the
3registration system while servicing the applicant, the
4government employee shall notify the applicant of the
5applicant's registration status with the State Board of
6Elections and, if registered, the applicant's current
7registration address. If the applicant elects to register to
8vote or to update his or her existing voter registration, the
9government employee shall collect the needed information and
10assist the applicant with his or her registration. The
11applicant shall be informed that by choosing to register to
12vote or to update his or her existing voter registration, the
13applicant consents to the transfer of the applicant's personal
14information to the State Board of Elections.
15 In accordance with technical specifications provided by
16the State Board of Elections, each designated government agency
17shall maintain a data transfer mechanism capable of
18transmitting voter registration application information,
19including electronic signatures where available, to the online
20voter registration system established in Section 1A-16.5 of
21this Code. Each designated government agency shall establish
22and operate a voter registration system capable of transmitting
23voter registration application information to the portal as
24described in this Section by July 1, 2016.
25 (b) Voter registration data received from the Office of the
26Secretary of State or a designated automatic voter registration

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1agency through the online registration application system
2shall be processed as provided in Section 1A-16.5 of this Code.
3Whenever an applicant's data is transferred from a designated
4government agency, the agency must transmit a signature image
5if available. If no signature image was provided by the agency
6or if no signature image is available in the Secretary of
7State's database or the statewide voter registration database,
8the applicant must be notified that their registration will
9remain in a pending status and the applicant will be required
10to provide identification and a signature to the election
11authority on Election Day in the polling place or during early
12voting.
13 (c) The State Board of Elections shall establish technical
14specifications applicable to each automatic government
15registration program. The Office of the Secretary of State and
16each designated automatic voter registration agency shall
17maintain a data transfer mechanism capable of transmitting
18voter registration application information, including
19electronic signatures where available, to the online voter
20registration system established in Section 1A-16.5 of this
21Code. The State Board of Elections shall track registration
22data received through the online registration system that
23originated from a designated government agency for the purposes
24of maintaining statistics required by the federal National
25Voter Registration Act of 1993, as amended.
26 (d) The State Board of Elections shall, by rule, establish

SB1933- 20 -LRB100 11359 MLM 21744 b
1criteria and procedures for determining whether an agency of
2the State or federal government seeking to become a designated
3automatic voter registration agency has access to reliable
4personal information, as defined under this subsection (d) and
5subsection (f) of Section 1A-16.2 of this Code, and otherwise
6meets the requirements to enter into an interagency contract
7and to operate as a designated automatic voter registration
8agency. The State Board of Elections shall approve each
9interagency contract upon affirmative vote of a majority of its
10members. The State Board of Elections shall submit a report to
11the General Assembly and the Governor by December 1, 2015
12detailing the progress made to implement the government agency
13voter registration portal described in this Section.
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- 21 -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. The Board shall adopt
4rules, in consultation with the impacted agencies.
5 (f) Upon receipt of personal information collected and
6transferred by the Office of the Secretary of State or a
7designated automatic voter registration agency, the State
8Board of Elections shall check the information against the
9statewide voter registration database. The State Board of
10Elections shall create and electronically transmit to the
11appropriate election authority a voter registration
12application for any individual who is not registered to vote in
13Illinois and is not disqualified as provided in this Section or
14whose information reliably indicates a more recent update to
15the name or address of a person already included in the
16statewide voter database. The election authority shall process
17the application accordingly. As used in this Section, a
18"designated government agency" means the Secretary of State's
19Driver Services and Vehicle Services Departments, the
20Department of Human Services, the Department of Healthcare and
21Family Services, the Department of Employment Security, and the
22Department on Aging.
23 (g) The appropriate election authority shall ensure that
24any applicant who is registered to vote or whose existing voter
25registration is updated under this Section is promptly sent
26written notice of the change. The notice may be sent by

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

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

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1registration agency shall implement policies and procedures to
2protect the privacy and security of voter information as it is
3acquired, stored, and transmitted among agencies, including
4policies for the retention and preservation of voter
5information. Information designated as confidential under this
6Section may be recorded and shared among the State Board of
7Elections, election authorities, the Office of the Secretary of
8State, and designated automatic voter registration agencies,
9but shall be used only for voter registration purposes, shall
10not be disclosed to the public except in the aggregate as
11required by subsection (m) of this Section, and shall not be
12subject to the Freedom of Information Act. The following
13information shall be designated as confidential:
14 (1) any portion of an applicant's Social Security
15 number;
16 (2) any portion of an applicant's driver's license
17 number or State identification number;
18 (3) an applicant's decision to decline voter
19 registration;
20 (4) the identity of the person providing information
21 relating to a specific applicant; and
22 (5) the personal residence and contact information of
23 any applicant for whom local, State, or federal law
24 requires confidentiality, including, but not limited to, a
25 victim of domestic violence pursuant to the Address
26 Confidentiality for Victims of Domestic Violence Act or a

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1 victim of stalking pursuant to the Stalking No Contact
2 Order Act.
3 This subsection (k) shall not apply to information the
4State Board of Elections is required to share with the
5Electronic Registration Information Center.
6 (l) The voter registration procedures implemented under
7this Section shall comport with the federal National Voter
8Registration Act of 1993, as amended, and shall specifically
9require that the State Board of Elections track registration
10data received through the online registration system that
11originated from a designated automatic voter registration
12agency for the purposes of maintaining statistics.
13 (m) The State Board of Elections, each election authority
14that maintains a website, the Office of the Secretary of State,
15and each designated automatic voter registration agency that
16maintains a website shall provide information on their websites
17informing the public about the new registration procedures
18described in this Section. The Office of the Secretary of State
19and each designated automatic voter registration agency shall
20display signage or provide literature for the public containing
21information about the new registration procedures described in
22this Section.
23 (n) No later than 6 months after the effective date of this
24amendatory Act of the 100th General Assembly, the State Board
25of Elections shall hold at least one public hearing on
26implementing this amendatory Act of the 100th General Assembly

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1at which the public may provide input.
2 (o) The State Board of Elections shall submit an annual
3public report to the General Assembly and the Governor
4detailing the progress made to implement this Section. The
5report shall include all of the following: the number of
6records transferred under this Section by agency, the number of
7voters newly added to the statewide voter registration list
8because of records transferred under this Section by agency,
9the number of updated registrations under this Section by
10agency, the number of persons who opted out of voter
11registration, and the number of voters who submitted voter
12registration forms using the online procedure described in
13Section 1A-16.5 of this Code. Any report produced under this
14subsection shall exclude any information that identifies any
15individual personally.
16 (p) The State Board of Elections, in consultation with
17election authorities, the Office of the Secretary of State,
18designated automatic voter registration agencies, and
19community organizations, shall adopt rules as necessary to
20implement the provisions of this Section.
21(Source: P.A. 98-1171, eff. 6-1-15.)
22 (10 ILCS 5/1A-16.8)
23 Sec. 1A-16.8. Automatic transfer of registration based
24upon information from the National Change of Address database
25and designated automatic voter registration agencies.

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

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

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1be issued a regular ballot, and the change of registration
2address shall be canceled. If the election authority is unable
3to immediately confirm the registration, the voter shall be
4permitted to register and vote a regular ballot, provided that
5he or she meets the documentary requirements for same-day
6registration. If the election authority is unable to confirm
7the registration and the voter does not meet the requirements
8for same-day registration, the voter shall be issued a
9provisional ballot.
10 (d) No voter shall be disqualified from voting due to an
11error relating to an update of registration under this Section.
12(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
13 (10 ILCS 5/1A-16.9 new)
14 Sec. 1A-16.9. Implementation. The changes made by this
15amendatory Act of the 100th General Assembly shall be
16implemented no later than July 1, 2018.
17 Section 15. The Illinois Vehicle Code is amended by
18changing Section 2-105 as follows:
19 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
20 Sec. 2-105. Offices of Secretary of State.
21 (a) The Secretary of State shall maintain offices in the
22State capital and in such other places in the State as he may
23deem necessary to properly carry out the powers and duties

SB1933- 30 -LRB100 11359 MLM 21744 b
1vested in him.
2 (b) The Secretary of State may construct and equip one or
3more buildings in the State of Illinois outside of the County
4of Sangamon as he deems necessary to properly carry out the
5powers and duties vested in him. The Secretary of State may, on
6behalf of the State of Illinois, acquire public or private
7property needed therefor by lease, purchase or eminent domain.
8The care, custody and control of such sites and buildings
9constructed thereon shall be vested in the Secretary of State.
10Expenditures for the construction and equipping of any of such
11buildings upon premises owned by another public entity shall
12not be subject to the provisions of any State law requiring
13that the State be vested with absolute fee title to the
14premises. The exercise of the authority vested in the Secretary
15of State by this Section is subject to the appropriation of the
16necessary funds.
17 (c) Pursuant to Sections 1A-16.1, 1A-16.6, and Section
181A-25 of the Election Code, the Secretary of State shall make
19driver services facilities available for use as places of
20accepting applications for voter registration.
21 (d) (Blank).
22 (e) Each person applying at a driver services facility for
23a driver's license or permit, a corrected driver's license or
24permit, an Illinois identification card or a corrected Illinois
25identification card shall be notified, under the procedures set
26forth in Sections 1A-16.1 and 1A-16.6 of the Election Code,

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1that unless he or she affirmatively declines, his or her
2personal information shall be transferred to the State Board of
3Elections for the purpose of creating an electronic voter
4registration application that the person may apply to register
5to vote at such station and may also apply to transfer his or
6her voter registration at such station to a different address
7in the State. Such notification may be made in writing or
8verbally issued by an employee or the Secretary of State.
9 The Secretary of State shall promulgate such rules as may
10be necessary for the efficient execution of his duties and the
11duties of his employees under this Section.
12 (f) Any person applying at a driver services facility for
13issuance or renewal of a driver's license or Illinois
14Identification Card shall be provided, without charge, with a
15brochure warning the person of the dangers of financial
16identity theft. The Department of Financial and Professional
17Regulation shall prepare these brochures and provide them to
18the Secretary of State for distribution. The brochures shall
19(i) identify signs warning the reader that he or she might be
20an intended victim of the crime of financial identity theft,
21(ii) instruct the reader in how to proceed if the reader
22believes that he or she is the victim of the crime of identity
23theft, and (iii) provide the reader with names and telephone
24numbers of law enforcement and other governmental agencies that
25provide assistance to victims of financial identity theft.
26 (g) The changes made by this amendatory Act of the 100th

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1General Assembly shall be implemented no later than July 1,
22018.
3(Source: P.A. 97-81, eff. 7-5-11.)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.
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