Bill Text: IL SB3432 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Election Code. Makes changes to identification requirements for certain applications with the Secretary of State to serve as a dual-purpose application (to allow the applicant to register to vote or change the applicant's registered residence address or name as it appears on voter registration rolls). Provides that if an applicant provides the Secretary of State with an identification document demonstrating a lack of United States citizenship, the application shall not serve as a dual-purpose application. Provides that an agency that does not collect or cross-references 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. Allows the agency to transmit information on all clients who may be registered to vote with a clear indication that the information shall be used only for updates. Requires the Department of Healthcare and Family Services to, as permitted by applicable federal law, implement an automatic voter registration system for applicants for Illinois Medicaid no later than July 1, 2023. Makes other and conforming changes throughout the Code and in the Illinois Vehicle Code. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-03-30 - Added as Co-Sponsor Sen. Omar Aquino [SB3432 Detail]

Download: Illinois-2021-SB3432-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3432

Introduced 1/18/2022, 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. Makes changes to identification requirements for certain applications with the Secretary of State to serve as a dual-purpose application (to allow the applicant to register to vote or change the applicant's registered residence address or name as it appears on voter registration rolls). Provides that if an applicant provides the Secretary of State with an identification document demonstrating a lack of United States citizenship, the application shall not serve as a dual-purpose application. Provides that an agency that does not collect or cross-references 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. Allows the agency to transmit information on all clients who may be registered to vote with a clear indication that the information shall be used only for updates. Requires the Department of Healthcare and Family Services to, as permitted by applicable federal law, implement an automatic voter registration system for applicants for Illinois Medicaid no later than July 1, 2023. Makes other and conforming changes throughout the Code and in the Illinois Vehicle Code. Effective immediately.
LRB102 24618 AWJ 33855 b

A BILL FOR

SB3432LRB102 24618 AWJ 33855 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 as follows:
6 (10 ILCS 5/1A-16.1)
7 Sec. 1A-16.1. Automatic voter registration; Secretary of
8State.
9 (a) The Office of the Secretary of State and the State
10Board of Elections, pursuant to an interagency contract and
11jointly-adopted rules, shall establish an automatic voter
12registration program that satisfies the requirements of this
13Section and other applicable law.
14 (b) If, as part of an application, an application for
15renewal, a change of address form, or a recertification form
16for a driver's license, other than a temporary visitor's
17driver's license, or a State identification card issued by the
18Office of the Secretary of State, an applicant presents an
19identification document that demonstrates United States
20citizenship and is of age to register to vote, meets the
21requirements of the federal REAL ID Act of 2005, then that
22application shall serve as a dual-purpose application unless
23the applicant declines in accordance with subsection (g) of

SB3432- 2 -LRB102 24618 AWJ 33855 b
1Section 1A-16.7. The dual-purpose application shall:
2 (1) also serve as an application to register to vote
3 in Illinois; and
4 (2) allow an applicant to change the applicant's his
5 or her registered residence address or name as it appears
6 on the voter registration rolls. ;
7 (3) provide the applicant with an opportunity to
8 affirmatively decline to register to vote or to change his
9 or her registered residence address or name by providing a
10 check box on the application form without requiring the
11 applicant to state the reason; and
12 (4) unless the applicant declines to register to vote
13 or change his or her registered residence address or name,
14 require the applicant to attest, by signature under
15 penalty of perjury as described in subsection (e) of this
16 Section, to meeting the qualifications to register to vote
17 in Illinois at his or her residence address as indicated
18 on his or her driver's license or identification card
19 dual-purpose application.
20 (b-5) If, as part of an application, an application for
21renewal, a change of address form, or a recertification form
22for a driver's license, other than a temporary visitor's
23driver's license, or a State identification card issued by the
24Office of the Secretary of State, an applicant presents an
25identification document that neither demonstrates United
26States citizenship nor demonstrates lack of United States

SB3432- 3 -LRB102 24618 AWJ 33855 b
1citizenship, does not meet the requirements of the federal
2REAL ID Act of 2005, then that application shall serve as a
3dual-purpose application. The dual-purpose application shall:
4 (1) also serve as an application to register to vote
5 in Illinois;
6 (2) allow an applicant to change his or her registered
7 residence address or name as it appears on the voter
8 registration rolls; and
9 (3) if the applicant chooses to register to vote or to
10 change his or her registered residence address or name,
11 then require the applicant to attest, by a separate
12 signature under penalty of perjury, to meeting the
13 qualifications to register to vote in Illinois at his or
14 her residence address as indicated on his or her
15 dual-purpose application.
16 (b-10) (Blank). The Office of the Secretary of State shall
17clearly and conspicuously inform each applicant in writing:
18(i) of the qualifications to register to vote in Illinois,
19(ii) of the penalties provided by law for submission of a false
20voter registration application, (iii) that, unless the
21applicant declines to register to vote or update his or her
22voter registration, his or her dual-purpose application shall
23also serve as both an application to register to vote and his
24or her attestation that he or she meets the eligibility
25requirements for voter registration, and that his or her
26application to register to vote or update his or her

SB3432- 4 -LRB102 24618 AWJ 33855 b
1registration will be transmitted to the State Board of
2Elections for the purpose of registering the person to vote at
3the residence address to be indicated on his or her driver's
4license or identification card, and (iv) that declining to
5register to vote is confidential and will not affect any
6services the person may be seeking from the Office of the
7Secretary of State.
8 (c) The Office of the Secretary of State shall review
9information provided to the Office of the Secretary of State
10by the State Board of Elections to inform each applicant under
11subsection (b-5) for a driver's license or permit, other than
12a temporary visitor's driver's license, or a State
13identification card issued by the Office of the Secretary of
14State whether the applicant is currently registered to vote in
15Illinois and, if registered, at what address.
16 (d) The Office of the Secretary of State shall not require
17an applicant for a driver's license or State identification
18card to provide duplicate identification or information in
19order to complete an application to register to vote or change
20his or her registered residence address or name. Before
21transmitting any personal information about an applicant to
22the State Board of Elections, the Office of the Secretary of
23State shall review its records of the identification documents
24the applicant provided in order to complete the application
25for a driver's license or State identification card, to
26confirm that nothing in those documents indicates that the

SB3432- 5 -LRB102 24618 AWJ 33855 b
1applicant does not satisfy the qualifications to register to
2vote in Illinois at his or her residence address. If an
3applicant provides the Secretary of State with an
4identification document demonstrating a lack of United States
5citizenship, the application shall not serve as a dual-purpose
6application under this Section.
7 (e) A completed, signed application for (i) a driver's
8license or permit, other than a temporary visitor's driver's
9license, or a State identification card issued by the Office
10of the Secretary of State as part of which an applicant
11presents an identification document that demonstrates that the
12applicant is a United States citizen and is of age to register
13to vote, that meets the requirements of the federal REAL ID Act
14of 2005; or (ii) a completed application under subsection
15(b-5) of this Section with a separate signature attesting the
16applicant meets the qualifications to register to vote in
17Illinois at his or her residence address as indicated on his or
18her application shall constitute a signed application to
19register to vote in Illinois at the residence address
20indicated in the application unless the person affirmatively
21declined in the application to register to vote or to change
22his or her registered residence address or name. If the
23identification documents provided to complete the dual-purpose
24application indicate that he or she does not satisfy the
25qualifications to register to vote in Illinois at his or her
26residence address, the application shall be marked as

SB3432- 6 -LRB102 24618 AWJ 33855 b
1incomplete.
2 (f) For each completed and signed application that
3constitutes an application to register to vote in Illinois or
4provides for a change in the applicant's registered residence
5address or name, the Office of the Secretary of State shall
6electronically transmit to the State Board of Elections
7personal information needed to complete the person's
8registration to vote in Illinois at his or her residence
9address, including the applicant's choice of language other
10than English during the licensing transaction. The application
11to register to vote shall be processed in accordance with
12Section 1A-16.7.
13 (g) (Blank). If the federal REAL ID Act of 2005 is
14repealed, abrogated, superseded, or otherwise no longer in
15effect, then the State Board of Elections shall establish
16criteria for determining reliable personal information
17indicating citizenship status and shall adopt rules as
18necessary for the Secretary of State to continue processing
19dual-purpose applications under this Section.
20 (h) As used in this Section, "dual-purpose application"
21means an application, an application for renewal, a change of
22address form, or a recertification form for driver's license
23or permit, other than a temporary visitor's driver's license,
24or a State identification card offered by the Secretary of
25State that also serves as an application to register to vote in
26Illinois. "Dual-purpose application" does not mean an

SB3432- 7 -LRB102 24618 AWJ 33855 b
1application under subsection (c) of Section 6-109 of the
2Illinois Vehicle Code.
3(Source: P.A. 100-464, eff. 8-28-17.)
4 (10 ILCS 5/1A-16.2)
5 Sec. 1A-16.2. Automatic voter registration; designated
6automatic voter registration agencies.
7 (a) Each designated automatic voter registration agency
8shall, pursuant to an interagency contract and jointly-adopted
9rules with the State Board of Elections, agree to participate
10in an automatic voter registration program established by the
11State Board of Elections that satisfies the requirements of
12this Section and other applicable law. If the designated
13automatic voter registration agency provides applications,
14applications for renewal, change of address forms, filing, or
15recertification forms to individuals for services offered by
16another agency, then the State Board of Elections and the
17designated automatic voter agency shall consult with the other
18agency. The State Board of Elections shall consider the
19current technological capabilities of the designated voter
20registration agency when drafting interagency contracts and
21jointly-adopted rules. The State Board of Elections and the
22designated automatic voter registration agency shall amend
23these contracts and rules as the technological capabilities of
24the designated voter registration agencies improve.
25 (b) As provided in subsection (a) of this Section, each

SB3432- 8 -LRB102 24618 AWJ 33855 b
1designated automatic voter registration agency that collects
2or cross-references reliable personal information indicating
3citizenship status may provide that an application for a
4license, permit, program, or service shall serve as a
5dual-purpose application. The dual-purpose application shall:
6 (1) also serve as an application to register to vote
7 in Illinois; and
8 (2) allow an applicant to change the applicant's his
9 or her registered residence address or name as it appears
10 on the voter registration rolls. ;
11 (3) provide the applicant with an opportunity to
12 affirmatively decline to register to vote or change his or
13 her registered residence address or name by providing a
14 check box on the application form without requiring the
15 applicant to state the reason; and
16 (4) unless the applicant declines to register to vote
17 or to change his or her registered residence address or
18 name, require the applicant to attest, by signature under
19 penalty of perjury, to meeting the qualifications to
20 register to vote in Illinois at his or her residence
21 address as indicated on his or her dual-purpose
22 application.
23 (c) As provided in subsection (a) of this Section, each
24designated automatic voter registration agency that does not
25collect or cross-reference records containing reliable
26personal information indicating citizenship status may provide

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1that an application, an application for renewal, a change of
2address form, or a recertification form for a license, permit,
3program, or service shall serve as a dual-purpose application.
4The dual-purpose application shall:
5 (1) also serve as an application to register to vote
6 in Illinois;
7 (2) allow an applicant to change his or her registered
8 residence address or name as it appears on the voter
9 registration rolls; and
10 (3) if the applicant chooses to register to vote or to
11 change his or her registered residence address or name,
12 then require the applicant to attest, by a separate
13 signature under penalty of perjury, to meeting the
14 qualifications to register to vote in Illinois at his or
15 her residence address as indicated on his or her
16 dual-purpose application.
17 (c-5) (Blank). The designated automatic voter registration
18agency shall clearly and conspicuously inform each applicant
19in writing: (i) of the qualifications to register to vote in
20Illinois, (ii) of the penalties provided by law for submission
21of a false voter registration application, (iii) that, unless
22the applicant declines to register to vote or update his or her
23voter registration, his or her application shall also serve as
24both an application to register to vote and his or her
25attestation that he or she meets the eligibility requirements
26for voter registration, and that his or her application to

SB3432- 10 -LRB102 24618 AWJ 33855 b
1register to vote or update his or her registration will be
2transmitted to the State Board of Elections for the purpose of
3registering the person to vote at the residence address to be
4indicated on the dual-purpose application, (iv) that
5information identifying the agency at which he or she applied
6to register to vote is confidential, (v) that declining to
7register to vote is confidential and will not affect any
8services the person may be seeking from the agency, and (vi)
9any additional information needed in order to comply with
10Section 7 of the federal National Voter Registration Act of
111993.
12 (d) The designated automatic voter registration agency
13shall review information provided to the agency by the State
14Board of Elections to inform each applicant covered by
15subsection (c) whether the applicant is currently registered
16to vote in Illinois and, if registered, at what address.
17 (e) The designated automatic voter registration agency
18shall not require an applicant for a dual-purpose application
19to provide duplicate identification or information in order to
20complete an application to register to vote or change his or
21her registered residence address or name. Before transmitting
22any personal information about an applicant to the State Board
23of Elections, the agency shall review its records of the
24identification documents the applicant provided or that the
25agency cross-references in order to complete the dual-purpose
26application, to confirm that nothing in those documents

SB3432- 11 -LRB102 24618 AWJ 33855 b
1indicates that the applicant does not satisfy the
2qualifications to register to vote in Illinois at his or her
3residence address. A completed and signed dual-purpose
4application, including a completed application under
5subsection (c) of this Section with a separate signature
6attesting that the applicant meets the qualifications to
7register to vote in Illinois at his or her residence address as
8indicated on his or her application, shall constitute an
9application to register to vote in Illinois at the residence
10address indicated in the application unless the person
11affirmatively declined in the application to register to vote
12or to change his or her registered residence address or name.
13If the identification documents provided to complete the
14dual-purpose application, or that the agency cross-references,
15indicate that he or she does not satisfy the qualifications to
16register to vote in Illinois at his or her residence address,
17the application shall be marked as incomplete.
18 (f) For each completed and signed dual-purpose application
19that constitutes an application to register to vote in
20Illinois or provides for a change in the applicant's
21registered residence address or name, the designated automatic
22voter registration agency shall electronically transmit to the
23State Board of Elections personal information needed to
24complete the person's registration to vote in Illinois at his
25or her residence address. The application to register to vote
26shall be processed in accordance with Section 1A-16.7.

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1 (g) As used in this Section:
2 "Designated automatic voter registration agency" or
3 "agency" means the divisions of Family and Community
4 Services and Rehabilitation Services of the Department of
5 Human Services, the Department of Employment Security, the
6 Department of Financial and Professional Regulation, the
7 Department of Natural Resources, or an agency of the
8 State, local, tribal, or federal government that has been
9 determined by the State Board of Elections to have access
10 to reliable personal information and has entered into an
11 interagency contract with the State Board of Elections to
12 participate in the automatic voter registration program
13 under this Section. If an agency under this Section
14 collects or cross-references reliable personal information
15 indicating citizenship status for more than one person
16 listed on an application for a license, permit, program,
17 or service, each person for whom the agency collects or
18 cross-references reliable personal information indicating
19 citizenship status shall be considered an applicant under
20 this Section and the application shall serve as a
21 dual-purpose application for each such person.
22 "Dual-purpose application" means an application, an
23 application for renewal, a change of address form, or a
24 recertification form for a license, permit, program, or
25 service offered by a designated automatic voter
26 registration agency that also serves as an application to

SB3432- 13 -LRB102 24618 AWJ 33855 b
1 register to vote in Illinois.
2 "Reliable personal information" means information
3 about individuals obtained from government sources that
4 may be used to verify whether an individual is eligible to
5 register to vote.
6 (h) This Section shall be implemented no later than July
71, 2019.
8 (i) The Department of Healthcare and Family Services shall
9implement, as permitted by applicable federal law, an
10automatic voter registration system under this Section for
11applicants for Illinois Medicaid no later than July 1, 2023.
12(Source: P.A. 100-464, eff. 8-28-17.)
13 (10 ILCS 5/1A-16.7)
14 Sec. 1A-16.7. Automatic voter registration.
15 (a) The State Board of Elections shall establish and
16maintain a portal for automatic government agency voter
17registration that permits an eligible person to electronically
18apply to register to vote or to update his or her existing
19voter registration as provided in Section 1A-16.1 or Section
201A-16.2. The portal shall interface with the online voter
21registration system established in Section 1A-16.5 of this
22Code and shall be capable of receiving and processing voter
23registration application information, including electronic
24signatures, from the Office of the Secretary of State and each
25designated automatic voter registration agency, as defined in

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1Section 1A-16.2. The State Board of Elections may
2cross-reference voter registration information from any
3designated automatic voter registration agency, as defined
4under Section 1A-16.2 of this Code, with information contained
5in the database of the Secretary of State as provided under
6subsection (c) of Section 1A-16.5 of this Code. The State
7Board of Elections shall modify the online voter registration
8system as necessary to implement this Section.
9 (b) Voter registration data received from the Office of
10the Secretary of State or a designated automatic voter
11registration agency through the online registration
12application system shall be processed as provided in Section
131A-16.5 of this Code.
14 (c) The State Board of Elections shall establish technical
15specifications applicable to each automatic government
16registration program, including data format and transmission
17specifications. The Office of the Secretary of State and each
18designated automatic voter registration agency shall maintain
19a data transfer mechanism capable of transmitting voter
20registration application information, including electronic
21signatures where available, to the online voter registration
22system established in Section 1A-16.5 of this Code.
23 (d) The State Board of Elections shall, by rule, establish
24criteria and procedures for determining whether an agency of
25the State or federal government seeking to become a designated
26automatic voter registration agency has access to reliable

SB3432- 15 -LRB102 24618 AWJ 33855 b
1personal information, as defined under this subsection (d) and
2subsection (f) of Section 1A-16.2 of this Code, and otherwise
3meets the requirements to enter into an interagency contract
4and to operate as a designated automatic voter registration
5agency. The State Board of Elections shall approve each
6interagency contract upon affirmative vote of a majority of
7its members.
8 As used in this subsection (d), "reliable personal
9information" means information about individuals obtained from
10government sources that may be used to verify whether an
11individual is eligible to register to vote.
12 (e) Whenever an applicant's data is transferred from the
13Office of the Secretary of State or a designated automatic
14voter registration agency, the agency must transmit a
15signature image if available. If no signature image was
16provided by the agency, and or if no signature image is
17available in the Office of the Secretary of State's database,
18or the statewide voter registration database, or other
19database available to the State Board of Elections, the
20applicant must be notified that his or her registration will
21remain in a pending status until the applicant: , and the
22applicant will be required to
23 (i) provides provide identification that
24 complies with the federal Help America Vote Act of
25 2002 and a signature to the election authority on
26 election day in the polling place or during early

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1 voting; .
2 (ii) provides identification that complies
3 with the federal Help America Vote Act of 2002 and
4 a signature with a mail ballot, or provides a
5 signature according to the procedures in
6 subsection (g-5) of Section 19-8; or
7 (iii) provides a signature in response to the
8 notice described in subsection (g) or by other
9 paper or electronic means determined by the State
10 Board of Elections.
11 (f) Upon receipt of personal information collected and
12transferred by the Office of the Secretary of State or a
13designated automatic voter registration agency, the State
14Board of Elections shall check the information against the
15statewide voter registration database. The State Board of
16Elections shall create and electronically transmit to the
17appropriate election authority a voter registration
18application for any individual who is not registered to vote
19in Illinois and is not disqualified as provided in this
20Section or whose information reliably indicates a more recent
21update to the name or address of a person already included in
22the statewide voter database. The election authority shall
23process the application accordingly.
24 (g) The appropriate election authority shall ensure that
25any applicant who is registered to vote or whose existing
26voter registration is updated under this Section is promptly

SB3432- 17 -LRB102 24618 AWJ 33855 b
1sent written notice of the change. The notice required by this
2subsection (g) may be sent or combined with other notices
3required or permitted by law, including, but not limited to,
4any notices sent pursuant to Section 1A-16.5 of this Code. Any
5notice required by this subsection (g) shall contain, at a
6minimum: (i) the applicant's name and residential address as
7reflected on the voter registration list; (ii) a statement
8notifying the applicant to contact the appropriate election
9authority if his or her voter registration has been updated in
10error; (ii) (iii) the qualifications to register to vote in
11Illinois; (iv) a statement notifying the applicant that he or
12she may opt out of voter registration or request a change to
13his or her registration information at any time by contacting
14an election official; and (iii) (v) contact information for
15the appropriate election authority, including a phone number,
16address, electronic mail address, and website address. For an
17applicant newly registered pursuant to subsection (b) of
18Section 1A-16.1 or subsection (b) Section 1A-16.2, the notice
19shall contain: (i) a notice that the individual is registered
20to vote unless the individual declines to be registered and
21that if the person wishes to decline to be registered, he or
22she may return a postage-prepaid notice of declination; and
23(ii) the notices required by Section 5(c)(2) of the National
24Voter Registration Act of 1993, provide a signature pursuant
25to subsection (e), and select a language for election
26materials if applicable to the jurisdiction. For an existing

SB3432- 18 -LRB102 24618 AWJ 33855 b
1registrant whose information has been updated, the notice
2shall include a postage-prepaid opportunity to indicate his or
3her voter registration has been updated in error.
4 (g-5) If an applicant newly registered pursuant to
5subsection (b) of Section 1A-16.1 or subsection (b) of Section
61A-16.2 returns the notice described in subsection (g)
7declining to be registered, the applicant's voter registration
8record shall be cancelled in the statewide voter registration
9database and if such declination form is received back to the
10election authority within 21 days after mailing the notice,
11the applicant shall be deemed never to have been registered.
12If a person sent a notice required under subsection (g) casts a
13ballot or makes an application for a vote by mail ballot
14between the date of the automatic voter registration agency
15transaction and the 21st day after the mailing of such a
16notice, then the person shall be deemed not to have declined to
17register to vote pursuant to the subsection.
18 (h) The appropriate election authority shall ensure that
19any applicant whose voter registration application is not
20accepted or deemed incomplete is promptly sent written notice
21of the application's status. The notice required by this
22subsection may be sent or combined with other notices required
23or permitted by law, including, but not limited to, any
24notices sent pursuant to Section 1A-16.5 of this Code. Any
25notice required by this subsection (h) shall contain, at a
26minimum, the reason the application was not accepted or deemed

SB3432- 19 -LRB102 24618 AWJ 33855 b
1incomplete and contact information for the appropriate
2election authority, including a phone number, address,
3electronic mail address, and website address.
4 (i) If the Office of the Secretary of State or a designated
5automatic voter registration agency transfers information, or
6if the State Board of Elections creates and transmits a voter
7registration application, for a person who does not qualify as
8an eligible voter, then it shall not constitute a completed
9voter registration form, and the person shall not be
10considered to have registered to vote.
11 (j) If the registration is processed by any election
12authority, then it shall be presumed to have been effected and
13officially authorized by the State, and that person shall not
14be found on that basis to have made a false claim to
15citizenship or to have committed an act of moral turpitude,
16nor shall that person be subject to penalty under any relevant
17laws, including, but not limited to, Sections 29-10 and 29-19
18of this Code. This subsection (j) does not apply to a person
19who knows that he or she is not entitled to register to vote
20and who willfully votes, registers to vote, or attests under
21penalty of perjury that he or she is eligible to register to
22vote or willfully attempts to vote or to register to vote.
23 (k) The State Board of Elections, the Office of the
24Secretary of State, and each designated automatic voter
25registration agency shall implement policies and procedures to
26protect the privacy and security of voter information as it is

SB3432- 20 -LRB102 24618 AWJ 33855 b
1acquired, stored, and transmitted among agencies, including
2policies for the retention and preservation of voter
3information. Information designated as confidential under this
4Section may be recorded and shared among the State Board of
5Elections, election authorities, the Office of the Secretary
6of State, and designated automatic voter registration
7agencies, but shall be used only for voter registration
8purposes, shall not be disclosed to the public except in the
9aggregate as required by subsection (m) of this Section, and
10shall not be subject to the Freedom of Information Act. The
11following information shall be designated as confidential:
12 (1) any portion of an applicant's Social Security
13 number;
14 (2) any portion of an applicant's driver's license
15 number or State identification number;
16 (3) an applicant's decision to decline voter
17 registration;
18 (4) the identity of the person providing information
19 relating to a specific applicant; and
20 (5) the personal residence and contact information of
21 any applicant for whom notice has been given by an
22 appropriate legal authority; and .
23 (6) the personal residence and contact information
24 relating to an applicant who returns a notice under
25 subsection (g) declining to register to vote and received
26 back to the election authority within 21 days after

SB3432- 21 -LRB102 24618 AWJ 33855 b
1 mailing such a notice or for whom such a 21-day period has
2 not passed.
3 This subsection (k) shall not apply to information the
4State Board of Elections is required to share with the
5Electronic Registration Information Center.
6 (l) The voter registration procedures implemented under
7this Section shall comport with the federal National Voter
8Registration Act of 1993, as amended, and shall specifically
9require that the State Board of Elections track registration
10data received through the online registration system that
11originated from a designated automatic voter registration
12agency for the purposes of maintaining statistics.
13 Nothing in this Code shall require designated voter
14registration agencies to transmit information that is
15confidential client information under State or federal law
16without the consent of the applicant.
17 (m) The State Board of Elections, each election authority
18that maintains a website, the Office of the Secretary of
19State, and each designated automatic voter registration agency
20that maintains a website shall provide information on their
21websites informing the public about the new registration
22procedures described in this Section. The Office of the
23Secretary of State and each designated automatic voter
24registration agency shall display signage or provide
25literature for the public containing information about the new
26registration procedures described in this Section.

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1 (n) No later than 6 months after the effective date of this
2amendatory Act of the 100th General Assembly, the State Board
3of Elections shall hold at least one public hearing on
4implementing this amendatory Act of the 100th General Assembly
5at which the public may provide input.
6 (o) The State Board of Elections shall submit an annual
7public report to the General Assembly and the Governor
8detailing the progress made to implement this Section. The
9report shall include all of the following: the number of
10records transferred under this Section by agency, the number
11of voters newly added to the statewide voter registration list
12because of records transferred under this Section by agency,
13the number of updated registrations under this Section by
14agency, the number of persons who opted out of voter
15registration, and the number of voters who submitted voter
16registration forms using the online procedure described in
17Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
18may include less detail if election authorities are not
19equipped to provide complete information to the State Board of
20Elections. Any report produced under this subsection (o) shall
21exclude any information that identifies any individual
22personally.
23 (p) The State Board of Elections, in consultation with
24election authorities, the Office of the Secretary of State,
25designated automatic voter registration agencies, and
26community organizations, shall adopt rules as necessary to

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1implement the provisions of this Section.
2(Source: P.A. 100-464, eff. 8-28-17.)
3 (10 ILCS 5/1A-16.8)
4 Sec. 1A-16.8. Automatic transfer of registration based
5upon information from the National Change of Address database
6and designated automatic voter registration agencies.
7 (a) The State Board of Elections shall cross-reference the
8statewide voter registration database against the United
9States Postal Service's National Change of Address database
10twice each calendar year, April 15 and October 1 in
11odd-numbered years and April 15 and December 1 in
12even-numbered years or with the same frequency as in
13subsection (b) of this Section, and shall share the findings
14with the election authorities.
15 (b) In addition, beginning no later than September 1,
162017, the State Board of Elections shall utilize data provided
17as part of its membership in the Electronic Registration
18Information Center in order to cross-reference the statewide
19voter registration database against databases of relevant
20personal information kept by designated automatic voter
21registration agencies, including, but not limited to, driver's
22license information kept by the Secretary of State, at least 6
23times each calendar year and shall share the findings with
24election authorities.
25 This subsection (b) shall no longer apply once Sections

SB3432- 24 -LRB102 24618 AWJ 33855 b
11A-16.1 and 1A-16.2 of this Code are fully implemented as
2determined by the State Board of Elections. Upon a
3determination by the State Board of Elections of full
4implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
5the State Board of Elections shall file notice of full
6implementation and the inapplicability of this subsection (b)
7with the Index Department of the Office of the Secretary of
8State, the Governor, the General Assembly, and the Legislative
9Reference Bureau.
10 (b-5) The State Board of Elections shall not be required
11to share any data on any voter attained using the National
12Change of Address database under subsection (a) of this
13Section if that voter has a more recent government transaction
14indicated using the cross-reference under subsection (b) of
15this Section. If there is contradictory or unclear data
16between data obtained under subsections (a) and (b) of this
17Section, then data obtained under subsection (b) of this
18Section shall take priority.
19 (c) An election authority shall automatically register any
20voter who has moved into its jurisdiction from another
21jurisdiction in Illinois or has moved within its jurisdiction
22provided that:
23 (1) the election authority whose jurisdiction includes
24 the new registration address provides the voter an
25 opportunity to reject the change in registration address
26 through a mailing, sent by non-forwardable mail, to the

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1 new registration address, and
2 (2) when the election authority whose jurisdiction
3 includes the previous registration address is a different
4 election authority, then that election authority provides
5 the same opportunity through a mailing, sent by
6 forwardable mail, to the previous registration address.
7 This change in registration shall trigger the same
8inter-jurisdictional or intra-jurisdictional workflows as if
9the voter completed a new registration card, including the
10cancellation of the voter's previous registration. Should the
11registration of a voter be changed from one address to another
12within the State and should the voter appear at the polls and
13offer to vote from the prior registration address, attesting
14that the prior registration address is the true current
15address, the voter, if confirmed by the election authority as
16having been registered at the prior registration address and
17canceled only by the process authorized by this Section, shall
18be issued a regular ballot, and the change of registration
19address shall be canceled. If the election authority is unable
20to immediately confirm the registration, the voter shall be
21permitted to register and vote a regular ballot, provided that
22he or she meets the documentary requirements for same-day
23registration. If the election authority is unable to confirm
24the registration and the voter does not meet the requirements
25for same-day registration, the voter shall be issued a
26provisional ballot.

SB3432- 26 -LRB102 24618 AWJ 33855 b
1 (c-5) An agency that does not collect or cross-reference
2reliable personal information indicating citizenship status
3may enter into an agreement with the State Board of Elections
4to transmit information that shall serve only to update an
5applicant's existing voter registration record. The agency
6shall transmit information on all clients who may be
7registered to vote with a clear indication that the
8information shall be used only for updates. The State Board of
9Elections shall determine which applicants are already
10registered to vote and, for any voter whose information
11provided to the agency differs from that on the voter
12registration record, provide that information to the voter's
13local election authority who shall update a registered voter's
14records in accordance with the procedures in Section 1A-16.7.
15The State Board of Election and local election authority shall
16take no action under this subsection for any applicant not
17already registered to vote.
18 (d) No voter shall be disqualified from voting due to an
19error relating to an update of registration under this
20Section.
21(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
22 Section 10. The Illinois Vehicle Code is amended by
23changing Section 2-105 as follows:
24 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)

SB3432- 27 -LRB102 24618 AWJ 33855 b
1 Sec. 2-105. Offices of Secretary of State.
2 (a) The Secretary of State shall maintain offices in the
3State capital and in such other places in the State as he may
4deem necessary to properly carry out the powers and duties
5vested in him.
6 (b) The Secretary of State may construct and equip one or
7more buildings in the State of Illinois outside of the County
8of Sangamon as he deems necessary to properly carry out the
9powers and duties vested in him. The Secretary of State may, on
10behalf of the State of Illinois, acquire public or private
11property needed therefor by lease, purchase or eminent domain.
12The care, custody and control of such sites and buildings
13constructed thereon shall be vested in the Secretary of State.
14Expenditures for the construction and equipping of any of such
15buildings upon premises owned by another public entity shall
16not be subject to the provisions of any State law requiring
17that the State be vested with absolute fee title to the
18premises. The exercise of the authority vested in the
19Secretary of State by this Section is subject to the
20appropriation of the necessary funds.
21 (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
22the Election Code, the Secretary of State shall make driver
23services facilities available for use as places of accepting
24applications for voter registration.
25 (d) (Blank).
26 (e) Each person applying at a driver services facility for

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

SB3432- 29 -LRB102 24618 AWJ 33855 b
1that provide assistance to victims of financial identity
2theft.
3 (g) The changes made by this amendatory Act of the 100th
4General Assembly shall be implemented no later than July 1,
52018.
6(Source: P.A. 100-464, eff. 8-28-17.)
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
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