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