Bill Text: IL SB2023 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. For specified applications, change of address forms, or recertifications of a driver's license or State identification card, provides that the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Makes conforming and other changes. Provides that changes made by the amendatory Act that require implementation shall be implemented no later than January 1, 2025. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2023 Detail]

Download: Illinois-2023-SB2023-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2023 Introduced 2/9/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
10 ILCS 5/1A-16.1
10 ILCS 5/1A-16.2
10 ILCS 5/1A-16.7
10 ILCS 5/1A-16.8
625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
Amends the Election Code. For specified applications, change of address forms, or recertifications of a driver's license or State identification card, provides that the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Makes conforming and other changes. Provides that changes made by the amendatory Act that require implementation shall be implemented no later than January 1, 2025. Effective immediately.
LRB103 24817 AWJ 51148 b
A BILL FOR
SB2023 LRB103 24817 AWJ 51148 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 as follows:
(10 ILCS 5/1A-16.1)
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 jointly-adopted rules, shall establish an
automatic voter registration program that satisfies the
requirements of this Section and other applicable law.
(b) If, as part of 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, an applicant presents an
identification document which demonstrates that the applicant
is a United States citizen and is of age to register to vote or
if the information provided to the Office of the Secretary of
State pursuant to subsection (c) indicates that the applicant
is currently registered to vote in Illinois, meets the

SB2023 - 2 - LRB103 24817 AWJ 51148 b
requirements of the federal REAL ID Act of 2005, then that
application shall serve as a dual-purpose application unless
the applicant declines in accordance with subsection (g) of
Section 1A-16.7 or the information provided indicates no
change in the existing voter registration. The dual-purpose
application shall:
(1) also serve as an application to register to vote
in Illinois;
(2) allow an applicant to change the applicant's his
or her registered residence address or name as it appears
on the voter registration rolls; and
(3) in a single affirmation including the affirmation
required for a driver's license or State identification
card, allow the applicant to affirm, under penalty of
perjury, to the truth and correctness of information
submitted in the dual-purpose application that is
necessary to assess the applicant's eligibility to
register to vote or to change the applicant's registered
residence address or name as it appears on the voter
registration rolls. 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,

SB2023 - 3 - LRB103 24817 AWJ 51148 b
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, as part of 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, an applicant presents an
identification document which neither demonstrates that the
applicant is a United States citizen nor demonstrates that the
applicant is not a United States citizen and the information
provided to the Office of the Secretary of State pursuant to
subsection (c) does not indicate that the applicant is
currently registered to vote in Illinois, 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) (blank); and 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

SB2023 - 4 - LRB103 24817 AWJ 51148 b
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 the
applicant's his or her residence address as indicated on
the 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, and (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. The
Office of the Secretary of State may provide additional
instructions specific to applicants under either subsection
(b) or subsection (b-5).

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(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 determine whether each
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 under subsections (b) and (b-5) 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. If an
applicant provides the Office of the Secretary of State with
an identification document which demonstrates that the
applicant is not a United States citizen, the application
shall not serve as a dual-purpose application under this

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Section. If the individual provides the Office of the
Secretary of State with an address designated by the Attorney
General as a substitute mailing address under Section 15 of
the Address Confidentiality for Victims of Domestic Violence,
Sexual Assault, Human Trafficking, or Stalking Act, that
information shall not be forwarded to the State Board of
Elections to electronically transmit a voter registration
application for the individual.
(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 includes the presentation of an
identification document which demonstrates that the applicant
is a United States citizen and is of age to register to vote or
for which the information provided to the Office of the
Secretary of State pursuant to subsection (c) indicates that
the applicant is currently registered to vote in Illinois,
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

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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, including the applicant's choice of a language other
than English if the Office of the Secretary of State collects
this information during the permitting, licensing, or
identification card transaction. The application to register
to vote shall be processed in accordance with Section 1A-16.7.
(g) Documents that demonstrate that the applicant is a
United States citizen may include, but are not limited to,
valid, unexpired documents described in the federal REAL ID
Act of 2005 and in 6 CFR 37.11(c)(1)(i) through (ii) and
(c)(1)(vii) through (viii).
If the federal REAL ID Act of 2005, 6 CFR 37.11(c)(1)(i)
through (ii), or 6 CFR 37.11(c)(1)(vii) through (viii) are is
repealed, abrogated, superseded, or otherwise no longer in
effect, then the State Board of Elections shall establish

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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.
(i) The changes made to this Section by this amendatory
Act of the 103rd General Assembly that require implementation
shall be implemented no later than January 1, 2025.
(Source: P.A. 100-464, eff. 8-28-17.)
(10 ILCS 5/1A-16.2)
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
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

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requirements of this Section and other applicable law. If the
designated automatic voter registration agency provides
applications, applications for renewal, change of address
forms, filing, 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 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; and
(2) allow an applicant to change the applicant's his
or her registered residence address or name as it appears
on the voter registration rolls; and
(3) in a single affirmation including the affirmation

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required for the designated automatic voter registration
agency's application, allow the applicant to affirm, under
penalty of perjury, to the truth and correctness of
information submitted in the dual-purpose application that
is necessary to assess the applicant's eligibility to
register to vote or to change the applicant's registered
residence address or name as it appears on the voter
registration rolls. 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.

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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

SB2023 - 12 - LRB103 24817 AWJ 51148 b
indicated on the dual-purpose application, (iv) that
information identifying the agency at which he or she applied
to register to vote is confidential, (iv) (v) that declining
to register to vote is confidential and will not affect any
services the person may be seeking from the agency, and (v)
(vi) any additional information needed in order to comply with
Section 7 of the federal National Voter Registration Act of
1993. The designated automatic voter registration agency may
provide additional instructions specific to applicants under
either subsection (b) or subsection (c).
(d) The designated automatic voter registration agency
shall review information provided to the agency by the State
Board of Elections to inform each applicant covered by
subsection (c) 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

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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. If the
individual provides a designated automatic voter registration
agency with an address designated by the Attorney General as a
substitute mailing address under Section 15 of the Address
Confidentiality for Victims of Domestic Violence, Sexual
Assault, Human Trafficking, or Stalking Act, that information
shall not be forwarded to the State Board of Elections to
electronically transmit a voter registration application for
said individual.
(f) For each completed and signed dual-purpose application
that constitutes an application to register to vote in

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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
local, tribal, 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.

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"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) (Blank). This Section shall be implemented no later
than July 1, 2019.
(i) The Department of Healthcare and Family Services shall
implement, as permitted by applicable federal law, an
automatic voter registration system under this Section for
applicants for Illinois Medicaid no later than July 1, 2025.
(j) If an agency under this Section collects or
cross-references reliable personal information indicating
citizenship status for more than one person listed on an
application for a license, permit, program, or service, each
person for whom the agency collects or cross-references
reliable personal information indicating citizenship status
may be considered an applicant under this Section and the
application may serve as a dual-purpose application for each
such person.
(k) The changes made to this Section by this amendatory
Act of the 103rd General Assembly that require implementation
shall be implemented no later than January 1, 2025.
(Source: P.A. 100-464, eff. 8-28-17.)
(10 ILCS 5/1A-16.7)
Sec. 1A-16.7. Automatic voter registration.

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(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

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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

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provided by the agency and , or if no signature image is
available in the Office of the Secretary of State's database,
or the statewide voter registration database, or other
database available to the State Board of Elections, the
applicant must be notified that his or her registration will
remain in a pending status until the applicant: , and the
applicant will be required to
(i) provides 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; .
(ii) provides identification that complies
with the federal Help America Vote Act of 2002 and
a signature with a mail ballot, or provides a
signature according to the procedures in
subsection (g-5) of Section 19-8; or
(iii) provides a signature in response to the
notice described in subsection (g) or by other
paper or electronic means determined by the State
Board of Elections.
(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

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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. If the individual
provides the Office of the Secretary of State or a designated
automatic voter registration agency with an address designated
by the Attorney General as a substitute mailing address under
Section 15 of the Address Confidentiality for Victims of
Domestic Violence, Sexual Assault, Human Trafficking, or
Stalking Act, or if the State Board of Elections otherwise
determines that the individual is a program participant under
Section 10 of the Address Confidentiality for Victims of
Domestic Violence, Sexual Assault, Human Trafficking, or
Stalking Act, the State Board of Elections shall not create or
electronically transmit to an election authority a voter
registration application for such individual. The State Board
of Elections may provide alternative voter registration
procedures for such individuals.
(g) The appropriate election authority shall ensure that
any applicant under subsection (f) who is registered to vote
or whose existing voter registration is updated under this
Section is promptly sent written notice of the change. The

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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; (ii) (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 (iii) (v) contact information for the
appropriate election authority, including a phone number,
address, electronic mail address, and website address.
For an applicant under subsection (b) of Section 1A-16.1
or subsection (b) of Section 1A-16.2 who is not currently
registered to vote in Illinois, the notice shall contain: (i)
a notice that the individual will be registered to vote unless
the individual declines to be registered and that if the
individual wishes to decline to be registered, the individual
may return a postage prepaid notice of declination; (ii) the
notices required by Section 5(c)(2) of the National Voter
Registration Act of 1993; and (iii) an opportunity to provide
a signature pursuant to subsection (e) and to select a

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language for election materials if applicable to the
jurisdiction, by prepaid postage.
For an applicant under subsection (b) of Section 1A-16.1
or subsection (b) of Section 1A-16.2 who is currently
registered to vote in Illinois and whose application contains
a change in the applicant's registered residence address or
name, the notice shall contain: (i) a notice that the
individual's voter registration will be updated unless the
individual declines the update and that if the individual
wishes to decline or correct the update, the individual may
return a postage prepaid notice declining or correcting the
update; (ii) the notices required by Section 5(c)(2) of the
National Voter Registration Act of 1993; and (iii) an
opportunity to provide a signature pursuant to subsection (e),
and to select a language for election materials if applicable
to the jurisdiction, by prepaid postage.
(g-5) If an applicant under subsection (b) of Section
1A-16.1 or subsection (b) of Section 1A-16.2 returns the
notice described in subsection (g) declining to be registered,
the applicant's voter registration record shall be canceled in
the statewide voter registration database and if such
declination form is received back to the election authority
within 21 days after mailing the notice, the applicant shall
be deemed not to have attempted to register to vote. If a
person sent the notice required under subsection (g) does not
return the postage prepaid notice declining to be registered

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or to have the person's registration updated within 21 days
after the mailing of such a notice, then the person shall be
registered to vote under the name and address contained in the
dual-purpose application.
(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

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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;

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(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; and .
(6) the personal residence and contact information
relating to an applicant who returns a notice under
subsection (g) declining to register to vote that was
received by the election authority within 21 days after
mailing such a notice or for whom such a 21-day period has
not passed.
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

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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

SB2023 - 26 - LRB103 24817 AWJ 51148 b
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.
(q) The changes made to this Section by this amendatory
Act of the 103rd General Assembly that require implementation
shall be implemented no later than January 1, 2025.
(Source: P.A. 100-464, eff. 8-28-17.)
(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

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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

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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

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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.
(c-5) An agency that does not collect or cross-reference
reliable personal information indicating citizenship status
may enter into an agreement with the State Board of Elections
to transmit information that shall serve only to update an
applicant's existing voter registration record. Under such an
agreement, the agency shall transmit information on all
clients who may be registered to vote with a clear indication
that the information shall be used only for updates. The State
Board of Elections shall determine which applicants are
already registered to vote and, for any voter whose

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information provided to the agency differs from that on the
voter registration record, provide that information to the
voter's local election authority who shall update a registered
voter's records in accordance with the procedures in Section
1A-16.7. The State Board of Election and local election
authority shall take no action under this subsection for any
applicant not already registered to vote.
This subsection shall be implemented no later than January
1, 2025.
(d) No voter shall be disqualified from voting due to an
error relating to an update of registration under this
Section.
(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
Section 10. 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

SB2023 - 31 - LRB103 24817 AWJ 51148 b
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 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 Illinois
identification card or a corrected Illinois Identification
Card 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

SB2023 - 32 - LRB103 24817 AWJ 51148 b
electronic voter registration application. Such notification
may be made in writing or verbally issued by an employee or the
Secretary of State.
The Secretary of State shall promulgate such rules as may
be necessary for the efficient execution of his duties and the
duties of his employees under this Section.
(f) Any person applying at a driver services facility for
issuance or renewal of a driver's license or Illinois
Identification Card shall be provided, without charge, with a
brochure warning the person of the dangers of financial
identity theft. The Department of Financial and Professional
Regulation shall prepare these brochures and provide them to
the Secretary of State for distribution. The brochures shall
(i) identify signs warning the reader that he or she might be
an intended victim of the crime of financial identity theft,
(ii) instruct the reader in how to proceed if the reader
believes that he or she is the victim of the crime of identity
theft, and (iii) provide the reader with names and telephone
numbers of law enforcement and other governmental agencies
that provide assistance to victims of financial identity
theft.
(g) (Blank). The changes made by this amendatory Act of
the 100th General Assembly shall be implemented no later than
July 1, 2018.
(h) The change made to this Section by this amendatory Act
of the 103rd General Assembly shall be implemented no later

SB2023 - 33 - LRB103 24817 AWJ 51148 b
than January 1, 2025.
(Source: P.A. 100-464, eff. 8-28-17.)