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Full Text of SB1933  100th General Assembly

SB1933eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB1933 EngrossedLRB100 11359 MLM 21744 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) (dd) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Records that are exempt from disclosure under
15    Section 1A-16.6 of the Election Code.
16(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
17eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1899-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
1999-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
208-19-16; revised 9-1-16.)
 
21    Section 10. The Election Code is amended by changing
22Sections 1A-16.6 and 1A-16.8 and by adding Sections 1-16,
231A-16.1, 1A-16.2, and 1A-16.9 as follows:
 
24    (10 ILCS 5/1-16 new)

 

 

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1    Sec. 1-16. Election authorities; notices by electronic
2mail. If an election authority is required by law to send an
3election-related notice to an individual, that election
4authority may send that notice solely by electronic mail if the
5individual provides a current e-mail address to the election
6authority and authorizes the election authority to send notices
7by electronic mail. For the purposes of this Section, the term
8"notice" does not include a ballot or any notice required under
9Sections 16.5 or 16.6 of this Code.
 
10    (10 ILCS 5/1A-16.1 new)
11    Sec. 1A-16.1. Automatic voter registration; Secretary of
12State.
13    (a) The Office of the Secretary of State and the State
14Board of Elections, pursuant to an interagency contract and
15jointly-adopted rules, shall establish an automatic voter
16registration program that satisfies the requirements of this
17Section and other applicable law.
18    (b) If an application for a driver's license, other than a
19temporary visitor's driver's license, or a State
20identification card issued by the Office of the Secretary of
21State meets the requirements of the federal REAL ID Act of
222005, then that application shall serve as a dual-purpose
23application. The dual-purpose application shall:
24        (1) also serve as an application to register to vote in
25    Illinois;

 

 

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

 

 

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1    registration rolls; and
2        (3) if the applicant chooses to register to vote or to
3    change his or her registered residence address or name,
4    then require the applicant to attest, by a separate
5    signature under penalty of perjury, to meeting the
6    qualifications to register to vote in Illinois at his or
7    her residence address as indicated on his or her
8    dual-purpose application.
9    (b-10) The Office of the Secretary of State shall clearly
10and conspicuously inform each applicant in writing: (i) of the
11qualifications to register to vote in Illinois, (ii) of the
12penalties provided by law for submission of a false voter
13registration application, (iii) that, unless the applicant
14declines to register to vote or update his or her voter
15registration, his or her dual-purpose application shall also
16serve as both an application to register to vote and his or her
17attestation that he or she meets the eligibility requirements
18for voter registration, and that his or her application to
19register to vote or update his or her registration will be
20transmitted to the State Board of Elections for the purpose of
21registering the person to vote at the residence address to be
22indicated on his or her driver's license or identification
23card, and (iv) that declining to register to vote is
24confidential and will not affect any services the person may be
25seeking from the Office of the Secretary of State.
26    (c) The Office of the Secretary of State shall review

 

 

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1information provided to the Office of the Secretary of State by
2the State Board of Elections to inform each applicant for a
3driver's license or permit, other than a temporary visitor's
4driver's license, or a State identification card issued by the
5Office of the Secretary of State whether the applicant is
6currently registered to vote in Illinois and, if registered, at
7what address.
8    (d) The Office of the Secretary of State shall not require
9an applicant for a driver's license or State identification
10card to provide duplicate identification or information in
11order to complete an application to register to vote or change
12his or her registered residence address or name. Before
13transmitting any personal information about an applicant to the
14State Board of Elections, the Office of the Secretary of State
15shall review its records of the identification documents the
16applicant provided in order to complete the application for a
17driver's license or State identification card, to confirm that
18nothing in those documents indicates that the applicant does
19not satisfy the qualifications to register to vote in Illinois
20at his or her residence address.
21    (e) A completed, signed application for (i) a driver's
22license or permit, other than a temporary visitor's driver's
23license, or a State identification card issued by the Office of
24the Secretary of State, that meets the requirements of the
25federal REAL ID Act of 2005; or (ii) a completed application
26under subsection (b-5) of this Section with a separate

 

 

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1signature attesting the applicant meets the qualifications to
2register to vote in Illinois at his or her residence address as
3indicated on his or her application shall constitute a signed
4application to register to vote in Illinois at the residence
5address indicated in the application unless the person
6affirmatively declined in the application to register to vote
7or to change his or her registered residence address or name.
8If the identification documents provided to complete the
9dual-purpose application indicate that he or she does not
10satisfy the qualifications to register to vote in Illinois at
11his or her residence address, the application shall be marked
12as incomplete and the Office of the Secretary of State shall
13transmit all such records to the State Board of Elections.
14    (f) For each completed and signed application that
15constitutes an application to register to vote in Illinois or
16provides for a change in the applicant's registered residence
17address or name, the Office of the Secretary of State shall
18electronically transmit to the State Board of Elections
19personal information needed to complete the person's
20registration to vote in Illinois at his or her residence
21address. The application to register to vote shall be processed
22in accordance with Section 1A-16.6.
23    (g) If the federal REAL ID Act of 2005 is repealed,
24abrogated, superseded, or otherwise no longer in effect, then
25the State Board of Elections shall establish criteria for
26determining reliable personal information indicating

 

 

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1citizenship status and shall adopt rules as necessary for the
2Secretary of State to continue processing dual-purpose
3applications under this Section.
4    (h) As used in this Section, "dual-purpose application"
5means an application for driver's license or permit, other than
6a temporary visitor's driver's license, or a State
7identification card offered by the Secretary of State that also
8serves as an application to register to vote in Illinois.
 
9    (10 ILCS 5/1A-16.2 new)
10    Sec. 1A-16.2. Automatic voter registration; designated
11automatic voter registration agencies.
12    (a) Each designated automatic voter registration agency
13may, pursuant to an interagency contract and jointly-adopted
14rules with the State Board of Elections, agree to participate
15in an automatic voter registration program established by the
16State Board of Elections that satisfies the requirements of
17this Section and other applicable law.
18    (b) As provided in subsection (a), each designated
19automatic voter registration agency that collects or
20cross-references reliable personal information indicating
21citizenship status may provide that an application for a
22license, permit, program, or service offered by that agency
23shall serve as a dual-purpose application. The dual-purpose
24application shall:
25        (1) also serve as an application to register to vote in

 

 

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

 

 

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1    residence address; and
2        (3) if the applicant chooses to register to vote or to
3    change his or her registered residence address or name,
4    then require the applicant to attest, by a separate
5    signature under penalty of perjury, to meeting the
6    qualifications to register to vote in Illinois at his or
7    her residence address as indicated on his or her
8    dual-purpose application.
9    (c-5) The designated automatic voter registration agency
10shall clearly and conspicuously inform each applicant in
11writing: (i) of the qualifications to register to vote in
12Illinois, (ii) of the penalties provided by law for submission
13of a false voter registration application, (iii) that, unless
14the applicant declines to register to vote or update his or her
15voter registration, his or her application shall also serve as
16both an application to register to vote and his or her
17attestation that he or she meets the eligibility requirements
18for voter registration, and that his or her application to
19register to vote or update his or her registration will be
20transmitted to the State Board of Elections for the purpose of
21registering the person to vote at the residence address to be
22indicated on the dual-purpose application, (iv) that
23information identifying the agency at which he or she applied
24to register to vote is confidential, (v) that declining to
25register to vote is confidential and will not affect any
26services the person may be seeking from the agency, and (vi)

 

 

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1any additional information needed in order to comply with
2Section 7 of the federal National Voter Registration Act of
31993.
4    (d) The designated automatic voter registration agency
5shall review information provided to the agency by the State
6Board of Elections to inform each applicant whether the
7applicant is currently registered to vote in Illinois and, if
8registered, at what address.
9    (e) The designated automatic voter registration agency
10shall not require an applicant for a dual-purpose application
11to provide duplicate identification or information in order to
12complete an application to register to vote or change his or
13her registered residence address or name. Before transmitting
14any personal information about an applicant to the State Board
15of Elections, the agency shall review its records of the
16identification documents the applicant provided or that the
17agency cross-references in order to complete the dual-purpose
18application, to confirm that nothing in those documents
19indicates that the applicant does not satisfy the
20qualifications to register to vote in Illinois at his or her
21residence address. A completed and signed dual-purpose
22application, including a completed application under
23subsection (c) of this Section with a separate signature
24attesting that the applicant meets the qualifications to
25register to vote in Illinois at his or her residence address as
26indicated on his or her application, shall constitute an

 

 

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1application to register to vote in Illinois at the residence
2address indicated in the application unless the person
3affirmatively declined in the application to register to vote
4or to change his or her registered residence address or name.
5If the identification documents provided to complete the
6dual-purpose application, or that the agency cross-references,
7indicate that he or she does not satisfy the qualifications to
8register to vote in Illinois at his or her residence address,
9the application shall be marked as incomplete and the agency
10shall transmit all such records to the State Board of
11Elections.
12    (f) For each completed and signed dual-purpose application
13that constitutes an application to register to vote in Illinois
14or provides for a change in the applicant's registered
15residence address or name, the designated automatic voter
16registration agency shall electronically transmit to the State
17Board of Elections personal information needed to complete the
18person's registration to vote in Illinois at his or her
19residence address. The application to register to vote shall be
20processed in accordance with Section 1A-16.6.
21    (g) As used in this Section:
22        "Designated automatic voter registration agency" or
23    "agency" means the Department of Human Services, the
24    Department of Healthcare and Family Services, the
25    Department of Employment Security, the Department on
26    Aging, the Department of Financial and Professional

 

 

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1    Regulation, the Department of Natural Resources, or an
2    agency of the State or federal government that has been
3    determined by the State Board of Elections to have access
4    to reliable personal information and has entered into an
5    interagency contract with the State Board of Elections to
6    participate in the automatic voter registration program
7    under this Section.
8        "Dual-purpose application" means an application for a
9    license, permit, program, or service offered by a
10    designated automatic voter registration agency that also
11    serves as an application to register to vote in Illinois.
12        "Reliable personal information" means information
13    about individuals obtained from government sources that
14    may be used to verify whether an individual is eligible to
15    register to vote.
 
16    (10 ILCS 5/1A-16.6)
17    Sec. 1A-16.6. Automatic Government agency voter
18registration.
19    (a) The State Board of Elections shall establish and
20maintain a portal for automatic government agency voter
21registration that permits an eligible person to electronically
22apply to register to vote or to update his or her existing
23voter registration as provided in Section 1A-16.1 or Section
241A-16.2. The portal shall interface with the online voter
25registration system established in Section 1A-16.5 of this Code

 

 

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1and shall be capable of receiving and processing voter
2registration application information, including electronic
3signatures, from the Office of the Secretary of State and each
4designated automatic voter registration agency, as defined in
5Section 1A-16.2. The State Board of Elections may
6cross-reference voter registration information from any
7designated automatic voter registration agency, as defined
8under Section 1A-16.2 of this Code, with information contained
9in the database of the Secretary of State as provided under
10subsection (c) of Section 1A-16.5 of this Code. The State Board
11of Elections shall modify the online voter registration system
12as necessary to implement this Section. By April 1, 2016, the
13State Board of Elections shall establish and maintain a portal
14for government agency registration that permits an eligible
15person to electronically apply to register to vote or to update
16his or her existing voter registration whenever he or she
17conducts business, either online or in person, with a
18designated government agency. The portal shall interface with
19the online voter registration system established in Section
201A-16.5 of this Code and shall be capable of receiving and
21processing voter registration application information,
22including electronic signatures, from a designated government
23agency. The State Board of Elections shall modify the online
24voter registration system as necessary to implement this
25Section.
26    Voter registration data received from a designated

 

 

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

 

 

SB1933 Engrossed- 20 -LRB100 11359 MLM 21744 b

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

 

 

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1authority on Election Day in the polling place or during early
2voting.
3    (c) The State Board of Elections shall establish technical
4specifications applicable to each automatic government
5registration program. The Office of the Secretary of State and
6each designated automatic voter registration agency shall
7maintain a data transfer mechanism capable of transmitting
8voter registration application information, including
9electronic signatures where available, to the online voter
10registration system established in Section 1A-16.5 of this
11Code. The State Board of Elections shall track registration
12data received through the online registration system that
13originated from a designated government agency for the purposes
14of maintaining statistics required by the federal National
15Voter Registration Act of 1993, as amended.
16    (d) The State Board of Elections shall, by rule, establish
17criteria and procedures for determining whether an agency of
18the State or federal government seeking to become a designated
19automatic voter registration agency has access to reliable
20personal information, as defined under this subsection (d) and
21subsection (f) of Section 1A-16.2 of this Code, and otherwise
22meets the requirements to enter into an interagency contract
23and to operate as a designated automatic voter registration
24agency. The State Board of Elections shall approve each
25interagency contract upon affirmative vote of a majority of its
26members. The State Board of Elections shall submit a report to

 

 

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1the General Assembly and the Governor by December 1, 2015
2detailing the progress made to implement the government agency
3voter registration portal described in this Section.
4    As used in this subsection (d), "reliable personal
5information" means information about individuals obtained from
6government sources that may be used to verify whether an
7individual is eligible to register to vote.
8    (e) Whenever an applicant's data is transferred from the
9Office of the Secretary of State or a designated automatic
10voter registration agency, the agency must transmit a signature
11image if available. If no signature image was provided by the
12agency, or if no signature image is available in the Office of
13the Secretary of State's database or the statewide voter
14registration database, the applicant must be notified that his
15or her registration will remain in a pending status, and the
16applicant will be required to provide identification that
17complies with the federal Help America Vote Act of 2002 and a
18signature to the election authority on election day in the
19polling place or during early voting. The Board shall adopt
20rules, in consultation with the impacted agencies.
21    (f) Upon receipt of personal information collected and
22transferred by the Office of the Secretary of State or a
23designated automatic voter registration agency, the State
24Board of Elections shall check the information against the
25statewide voter registration database. The State Board of
26Elections shall create and electronically transmit to the

 

 

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1appropriate election authority a voter registration
2application for any individual who is not registered to vote in
3Illinois and is not disqualified as provided in this Section or
4whose information reliably indicates a more recent update to
5the name or address of a person already included in the
6statewide voter database. The election authority shall process
7the application accordingly. As used in this Section, a
8"designated government agency" means the Secretary of State's
9Driver Services and Vehicle Services Departments, the
10Department of Human Services, the Department of Healthcare and
11Family Services, the Department of Employment Security, and the
12Department on Aging.
13    (g) The appropriate election authority shall ensure that
14any applicant who is registered to vote or whose existing voter
15registration is updated under this Section is promptly sent
16written notice of the change. The notice required by this
17subsection (g) may be sent or combined with other notices
18required or permitted by law, including, but not limited to,
19any notices sent pursuant to Section 1A-16.5 of this Code. Any
20notice required by this subsection (g) shall contain, at a
21minimum: (i) the applicant's name and residential address as
22reflected on the voter registration list; (ii) a statement
23notifying the applicant to contact the appropriate election
24authority if his or her voter registration has been updated in
25error; (iii) the qualifications to register to vote in
26Illinois; (iv) a statement notifying the applicant that he or

 

 

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

 

 

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

 

 

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1    number;
2        (2) any portion of an applicant's driver's license
3    number or State identification number;
4        (3) an applicant's decision to decline voter
5    registration;
6        (4) the identity of the person providing information
7    relating to a specific applicant; and
8        (5) the personal residence and contact information of
9    any applicant for whom local, State, or federal law
10    requires confidentiality, including, but not limited to, a
11    victim of domestic violence pursuant to the Address
12    Confidentiality for Victims of Domestic Violence Act or a
13    victim of stalking pursuant to the Stalking No Contact
14    Order Act.
15    This subsection (k) shall not apply to information the
16State Board of Elections is required to share with the
17Electronic Registration Information Center.
18    (l) The voter registration procedures implemented under
19this Section shall comport with the federal National Voter
20Registration Act of 1993, as amended, and shall specifically
21require that the State Board of Elections track registration
22data received through the online registration system that
23originated from a designated automatic voter registration
24agency for the purposes of maintaining statistics.
25    (m) The State Board of Elections, each election authority
26that maintains a website, the Office of the Secretary of State,

 

 

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1and each designated automatic voter registration agency that
2maintains a website shall provide information on their websites
3informing the public about the new registration procedures
4described in this Section. The Office of the Secretary of State
5and each designated automatic voter registration agency shall
6display signage or provide literature for the public containing
7information about the new registration procedures described in
8this Section.
9    (n) No later than 6 months after the effective date of this
10amendatory Act of the 100th General Assembly, the State Board
11of Elections shall hold at least one public hearing on
12implementing this amendatory Act of the 100th General Assembly
13at which the public may provide input.
14    (o) The State Board of Elections shall submit an annual
15public report to the General Assembly and the Governor
16detailing the progress made to implement this Section. The
17report shall include all of the following: the number of
18records transferred under this Section by agency, the number of
19voters newly added to the statewide voter registration list
20because of records transferred under this Section by agency,
21the number of updated registrations under this Section by
22agency, the number of persons who opted out of voter
23registration, and the number of voters who submitted voter
24registration forms using the online procedure described in
25Section 1A-16.5 of this Code. Any report produced under this
26subsection shall exclude any information that identifies any

 

 

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1individual personally.
2    (p) The State Board of Elections, in consultation with
3election authorities, the Office of the Secretary of State,
4designated automatic voter registration agencies, and
5community organizations, shall adopt rules as necessary to
6implement the provisions of this Section.
7(Source: P.A. 98-1171, eff. 6-1-15.)
 
8    (10 ILCS 5/1A-16.8)
9    Sec. 1A-16.8. Automatic transfer of registration based
10upon information from the National Change of Address database
11and designated automatic voter registration agencies.
12    (a) The State Board of Elections shall cross-reference the
13statewide voter registration database against the United
14States Postal Service's National Change of Address database
15twice each calendar year, April 15 and October 1 in
16odd-numbered years and April 15 and December 1 in even-numbered
17years, and shall share the findings with the election
18authorities.
19    (b) In addition, beginning no later than September 1, 2017,
20the State Board of Elections shall utilize data provided as
21part of its membership in the Electronic Registration
22Information Center in order to cross-reference the statewide
23voter registration database against databases of relevant
24personal information kept by designated automatic voter
25registration agencies, including, but not limited to, driver's

 

 

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1license information kept by the Secretary of State, at least 6
2times each calendar year and shall share the findings with
3election authorities.
4    This subsection (b) shall no longer apply once Sections
51A-16.1 and 1A-16.2 of this Code are fully implemented as
6determined by the State Board of Elections. Upon a
7determination by the State Board of Elections of full
8implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
9the State Board of Elections shall file notice of full
10implementation and the inapplicability of this subsection (b)
11with the Index Department of the Office of the Secretary of
12State, the Governor, the General Assembly, and the Legislative
13Reference Bureau.
14    (c) An election authority shall automatically register any
15voter who has moved into its jurisdiction from another
16jurisdiction in Illinois or has moved within its jurisdiction
17provided that:
18        (1) the election authority whose jurisdiction includes
19    the new registration address provides the voter an
20    opportunity to reject the change in registration address
21    through a mailing, sent by non-forwardable mail, to the new
22    registration address, and
23        (2) when the election authority whose jurisdiction
24    includes the previous registration address is a different
25    election authority, then that election authority provides
26    the same opportunity through a mailing, sent by forwardable

 

 

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1    mail, to the previous registration address.
2    This change in registration shall trigger the same
3inter-jurisdictional or intra-jurisdictional workflows as if
4the voter completed a new registration card, including the
5cancellation of the voter's previous registration. Should the
6registration of a voter be changed from one address to another
7within the State and should the voter appear at the polls and
8offer to vote from the prior registration address, attesting
9that the prior registration address is the true current
10address, the voter, if confirmed by the election authority as
11having been registered at the prior registration address and
12canceled only by the process authorized by this Section, shall
13be issued a regular ballot, and the change of registration
14address shall be canceled. If the election authority is unable
15to immediately confirm the registration, the voter shall be
16permitted to register and vote a regular ballot, provided that
17he or she meets the documentary requirements for same-day
18registration. If the election authority is unable to confirm
19the registration and the voter does not meet the requirements
20for same-day registration, the voter shall be issued a
21provisional ballot.
22    (d) No voter shall be disqualified from voting due to an
23error relating to an update of registration under this Section.
24(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
25    (10 ILCS 5/1A-16.9 new)

 

 

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1    Sec. 1A-16.9. Implementation. The changes made by this
2amendatory Act of the 100th General Assembly shall be
3implemented no later than July 1, 2018.
 
4    Section 15. The Illinois Vehicle Code is amended by
5changing Section 2-105 as follows:
 
6    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
7    Sec. 2-105. Offices of Secretary of State.
8    (a) The Secretary of State shall maintain offices in the
9State capital and in such other places in the State as he may
10deem necessary to properly carry out the powers and duties
11vested in him.
12    (b) The Secretary of State may construct and equip one or
13more buildings in the State of Illinois outside of the County
14of Sangamon as he deems necessary to properly carry out the
15powers and duties vested in him. The Secretary of State may, on
16behalf of the State of Illinois, acquire public or private
17property needed therefor by lease, purchase or eminent domain.
18The care, custody and control of such sites and buildings
19constructed thereon shall be vested in the Secretary of State.
20Expenditures for the construction and equipping of any of such
21buildings upon premises owned by another public entity shall
22not be subject to the provisions of any State law requiring
23that the State be vested with absolute fee title to the
24premises. The exercise of the authority vested in the Secretary

 

 

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1of State by this Section is subject to the appropriation of the
2necessary funds.
3    (c) Pursuant to Sections 1A-16.1, 1A-16.6, and Section
41A-25 of the Election Code, the Secretary of State shall make
5driver services facilities available for use as places of
6accepting applications for voter registration.
7    (d) (Blank).
8    (e) Each person applying at a driver services facility for
9a driver's license or permit, a corrected driver's license or
10permit, an Illinois identification card or a corrected Illinois
11identification card shall be notified, under the procedures set
12forth in Sections 1A-16.1 and 1A-16.6 of the Election Code,
13that unless he or she affirmatively declines, his or her
14personal information shall be transferred to the State Board of
15Elections for the purpose of creating an electronic voter
16registration application that the person may apply to register
17to vote at such station and may also apply to transfer his or
18her voter registration at such station to a different address
19in the State. Such notification may be made in writing or
20verbally issued by an employee or the Secretary of State.
21    The Secretary of State shall promulgate such rules as may
22be necessary for the efficient execution of his duties and the
23duties of his employees under this Section.
24    (f) Any person applying at a driver services facility for
25issuance or renewal of a driver's license or Illinois
26Identification Card shall be provided, without charge, with a

 

 

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1brochure warning the person of the dangers of financial
2identity theft. The Department of Financial and Professional
3Regulation shall prepare these brochures and provide them to
4the Secretary of State for distribution. The brochures shall
5(i) identify signs warning the reader that he or she might be
6an intended victim of the crime of financial identity theft,
7(ii) instruct the reader in how to proceed if the reader
8believes that he or she is the victim of the crime of identity
9theft, and (iii) provide the reader with names and telephone
10numbers of law enforcement and other governmental agencies that
11provide assistance to victims of financial identity theft.
12    (g) The changes made by this amendatory Act of the 100th
13General Assembly shall be implemented no later than July 1,
142018.
15(Source: P.A. 97-81, eff. 7-5-11.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.