Illinois General Assembly - Full Text of HB2911

LRB104 09972 SPS 20042 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2911

Introduced 2/6/2025, by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

10 ILCS 5/1A-16.1
10 ILCS 5/1A-16.2
10 ILCS 5/1A-16.3 new
10 ILCS 5/1A-16.7
10 ILCS 5/1A-16.8
625 ILCS 5/2-105	from Ch. 95 1/2, par. 2-105

Amends the Election Code. For specified applications, change of address forms, or recertifications of a driver's license or State identification card, provides that the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Amends the Illinois Vehicle Code to make conforming changes. Provides that changes made by the amendatory Act that require implementation shall be implemented no later than January 1, 2027. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding Section 1A-16.3 as follows:

(10 ILCS 5/1A-16.1)

Sec. 1A-16.1. Automatic voter registration; Secretary of State.

(a) The Office of the Secretary of State and the State Board of Elections, pursuant to an interagency contract and jointly adopted rules, shall establish an automatic voter registration program that satisfies the requirements of this Section and other applicable law.

(b) If, as part of an application, an application for renewal, or a change of address form, or a recertification form for a driver's license or a State identification card issued by the Office of the Secretary of State, an applicant presents documentation that establishes that the applicant is a United States citizen, as described in subsection (g), and is of age to register to vote or if the information provided to the Office of the Secretary of State under subsection (c) indicates that the applicant is currently registered to vote in Illinois and, upon reviewing the documents and information submitted by the applicant, the Office of the Secretary of State determines that the name or residence address documentation submitted by the applicant differs from the information regarding the applicant provided under subsection (c) meets the requirements of the federal REAL ID Act of 2005, then that application, unless the applicant declines in accordance with subsection (g) of Section 1A-16.7 shall serve as a dual-purpose application. The dual-purpose application shall:

(1) also serve as an application to register to vote in Illinois;

(2) allow an applicant to change the applicant's his or her registered residence address or name as it appears on the voter registration rolls;

(3) in a single affirmation, including the affirmation required for a driver's license or State identification card, allow the applicant to affirm, under penalty of perjury, to the truth and correctness of the information submitted in the dual-purpose application that is necessary to assess the applicant's eligibility to register to vote or to change the applicant's registered residence address or name as it appears on the voter registration rolls provide the applicant with an opportunity to affirmatively decline to register to vote or to change his or her registered residence address or name by providing a check box on the application form without requiring the applicant to state the reason; and

(4) allow the applicant to notify the Office of the Secretary of State of the applicant's preferred language unless the applicant declines to register to vote or change his or her registered residence address or name, require the applicant to attest, by signature under penalty of perjury as described in subsection (e) of this Section, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her driver's license or identification card dual-purpose application.

The Office of the Secretary of State shall record the type of documents presented by the applicant that establishes the applicant is a United States citizen as described in subsection (g) and shall enter United States citizenship in a designated field. Based on the entry of United States citizenship in the designated field, the Office of the Secretary of State shall initiate a dual-purpose application through an automated process that is not subject to the discretion of individual employees of the Office of the Secretary of State.

(b-5) If, as part of an application, an application for renewal, or a change of address form, or a recertification form for a driver's license or a State identification card issued by the Office of the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card for an applicant who does not have and is not eligible for and does not list a social security number, an applicant presents documentation that neither establishes that the applicant is a United States citizen nor establishes that the applicant is not a United States citizen and the information provided to the Office of the Secretary of State under subsection (c) does not indicate that the applicant is currently registered to vote in Illinois for the applicant, does not meet the requirements of the federal REAL ID Act of 2005, then that application shall serve as a dual-purpose application that, . The dual-purpose application shall: (1) also serve as an application to register to vote in Illinois; (2) allow an applicant to change his or her registered residence address or name as it appears on the voter registration rolls; and (3) if the applicant chooses to register to vote, shall also serve as an application to register to vote in Illinois. If the applicant chooses to register to vote, the applicant shall be required or to change his or her registered residence address or name, then require the applicant to attest, by a separate signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at the applicant's his or her residence address as indicated on the his or her dual-purpose application.

The dual-purpose application shall allow the applicant to notify the Office of the Secretary of State of the applicant's preferred language.

(b-8) If an applicant presents to the Secretary of State documentation that establishes the applicant is not a United States citizen, no application submitted by that applicant shall serve as a dual-purpose application under this Section.

(b-10) Before asking any applicant described in subsection (b) to provide the written affirmation described in that subsection, the The Office of the Secretary of State shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois; , (ii) of the penalties provided by law for submission of a false voter registration application, including the immigration-related consequences of incorrectly claiming United States citizenship and of the applicant's opportunity not to proceed in order to avoid the penalties; and , (iii) that the , unless the applicant declines to register to vote or update his or her voter registration, his or her dual-purpose application shall also serve as both an application to register to vote and his or her attestation that he or she meets the eligibility requirements for voter registration, and that the his or her application to register to vote or update voter his or her registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on the applicant's his or her driver's license or identification card, and (iv) that declining to register to vote is confidential and will not affect any services the person may be seeking from the Office of the Secretary of State. The Office of the Secretary of State may provide additional instructions specific to applicants under subsection (b).

(b-15) Before asking any applicant described in subsection (b-5) to provide the attestation described in that subsection, the Office of the Secretary of State shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois; (ii) of the penalties provided by law for submission of a false voter registration application, including the immigration-related consequences of incorrectly claiming United States citizenship and of the applicant's opportunity to withdraw an application to avoid the penalties; (iii) that the application shall also serve as an application to register to vote and that the application to register to vote or update voter registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on the applicant's driver's license or identification card, unless the applicant withdraws the application or declines to register to vote or update the applicant's voter registration; and (iv) that declining to register to vote or withdrawing a voter application is confidential and will not affect any services the person may be seeking from the Office of the Secretary of State. The Office of the Secretary of State may provide additional instructions specific to applicants under subsection (b-5).

(c) The Office of the Secretary of State shall review information provided to the Office of the Secretary of State by the State Board of Elections to determine whether each inform each applicant for a driver's license or permit or a State identification card issued by the Office of the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card and does not list a social security number for the applicant, whether the applicant under subsections (b) and (b-5) is currently registered to vote in Illinois and, if registered, at what address, and shall inform each applicant described in subsection (b-5) for a driver's license or permit or State identification card issued by the Office of the Secretary of State whether the applicant is currently registered and, if registered, at what address.

(d) The Office of the Secretary of State shall not require an applicant for a driver's license or State identification card to provide duplicate identification or information in order to complete an application to register to vote or change his or her registered residence address or name. Before transmitting any personal information about an applicant to the State Board of Elections, the Office of the Secretary of State shall review its records of the identification documents the applicant provided in order to complete the application for a driver's license or State identification card to confirm that nothing in those documents indicates that the applicant does not satisfy the qualifications to register to vote in Illinois at his or her residence address. If the applicant provides the Office of the Secretary of State with an address designated by the Attorney General as a substitute mailing address under Section 15 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act or is a judicial officer of peace officer who provides the Office of the Secretary of State with a work address instead of a residence address, as authorized by subsection (a) of Section 6-106 of the Illinois Vehicle Code, the applicant shall not be offered voter registration by the Office of the Secretary of State.

(e) A completed, signed application for (i) a driver's license or permit or a State identification card issued by the Office of the Secretary of State that includes the presentation of documentation that establishes that the applicant is a United States citizen and is of age to register to vote or for which the information provided to the Office of the Secretary of State under subsection (c) indicates that the applicant is currently registered to vote in Illinois , that meets the requirements of the federal REAL ID Act of 2005; or (ii) a completed application under subsection (b-5) of this Section with a separate signature attesting the applicant meets the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her application shall constitute a signed application to register to vote in Illinois at the residence address indicated in the application unless the person affirmatively declined in the application to register to vote or to change his or her registered residence address or name. If the identification documents provided to complete the dual-purpose application indicate that the applicant he or she does not satisfy the qualifications to register to vote in Illinois at the specified his or her residence address, the application shall be marked as incomplete.

(f) For each completed and signed application that constitutes an application to register to vote in Illinois or provides for a change in the applicant's registered residence address or name, the Office of the Secretary of State shall electronically transmit to the State Board of Elections personal information needed to complete the person's registration to vote in Illinois at the specified his or her residence address, including the applicant's choice language preference as indicated by the applicant or as otherwise collected by the Office of the Secretary of State during the permitting, licensing, or identification card transaction. The application to register to vote shall be processed in accordance with Section 1A-16.7.

(g) Documentation that establishes that the applicant is a United States citizen shall include:

(1) a valid, unexpired United States passport or passport card or a United States passport or passport card that has been expired for no more than 2 years;

(2) a certified copy of a birth certificate filed with the Division of Vital Records or an equivalent agency in the individual's state of birth;

(3) a Consular Report of Birth Abroad issued by the United States Department of State, Form FS-240, DS-1350, or FS-545; and

(4) a Certificate of Citizenship issued by the United States Department of Homeland Security, Form N-560 or form N-561. If the federal REAL ID Act of 2005 is repealed, abrogated, superseded, or otherwise no longer in effect, then the State Board of Elections shall establish criteria for determining reliable personal information indicating citizenship status and shall adopt rules as necessary for the Secretary of State to continue processing dual-purpose applications under this Section.

(h) As used in this Section, "dual-purpose application" means an application, an application for renewal or , a change of address form, or a recertification form for driver's license or permit or a State identification card offered by the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card for an applicant who does not have and is not eligible for, a social security number and does not list a social security number for the applicant, that also serves as an application to register to vote in Illinois. "Dual-purpose application" does not mean an application under subsection (c) of Section 6-109 of the Illinois Vehicle Code.

(i) The changes made to this Section by this amendatory Act of the 104th General Assembly shall be implemented no later than January 1, 2027.

(Source: P.A. 103-210, eff. 7-1-24; 103-605, eff. 7-1-24.)

(10 ILCS 5/1A-16.2)

Sec. 1A-16.2. Automatic voter registration; designated automatic voter registration agencies.

(a) Each designated automatic voter registration agency shall, pursuant to an interagency contract and jointly adopted jointly-adopted rules with the State Board of Elections, agree to participate in an automatic voter registration program established by the State Board of Elections that satisfies the requirements of this Section and other applicable law. If the designated automatic voter registration agency provides applications, applications for renewal, change of address forms, filing, or recertification forms to individuals for services offered by another agency, then the State Board of Elections and the designated automatic voter agency shall consult with the other agency. The State Board of Elections shall consider the current technological capabilities of the designated voter registration agency when drafting interagency contracts and jointly adopted jointly-adopted rules. The State Board of Elections and the designated automatic voter registration agency shall amend these contracts and rules as the technological capabilities of the designated voter registration agencies improve.

(b) As provided in subsection (a) of this Section, when each designated automatic voter registration agency provides that collects or cross-references reliable personal information indicating citizenship status may provide that an application or form for a license, permit, program, or service described in subsection (a) that, as part of the application or form, the applicant presents documentation that establishes that the applicant is a United States citizen as described in subsection (g) of Section 1A-16.1, the application or form shall serve as a dual-purpose application, unless the applicant declines in accordance with subsection (g) of Section 1A-16.7. The dual-purpose application shall:

(1) also serve as an application to register to vote in Illinois;

(2) allow an applicant to change the applicant's his or her registered residence address or name as it appears on the voter registration rolls;

(3) in a single affirmation including the affirmation required for the designated automatic voter registration agency's application, allow the applicant to affirm, under penalty of perjury, to the truth and correctness of information submitted in the dual-purpose application that is necessary to assess the applicant's eligibility to register to vote or to change the applicant's registered residence address or name as it appears on the voter registration rolls provide the applicant with an opportunity to affirmatively decline to register to vote or change his or her registered residence address or name by providing a check box on the application form without requiring the applicant to state the reason; and

(4) allow the applicant to notify the agency of the applicant's preferred language unless the applicant declines to register to vote or to change his or her registered residence address or name, require the applicant to attest, by signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application.

The agency shall record the type of document presented by the applicant that establishes that the applicant is a United States citizen as described in subsection (g) of Section 1A-16.1.

(c) As provided in subsection (a) of this Section, when each designated automatic voter registration agency provides that does not collect or cross-reference records containing reliable personal information indicating citizenship status may provide that an application or , an application for renewal, a change of address form, or a recertification form for a license, permit, program, or service described in subsection (a) that, as part of the application of form, the applicant presents documentation that neither establishes that the applicant is a United States citizen nor establishes that the applicant is not a United States citizen, the application or form shall serve as a dual-purpose application if the applicant chooses to register to vote. The dual-purpose application shall:

(1) also serve as an application to register to vote in Illinois;

(2) allow an applicant to change his or her registered residence address or name as it appears on the voter registration rolls; and

(3) if the applicant chooses to register to vote or to change the applicant's his or her registered residence address or name, then require the applicant to attest, by a separate signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application; and .

(4) allow the applicant to notify the agency of the applicant's preferred language.

(c-1) If an applicant presents documentation to the designated automatic voter registration agency that establishes that the applicant is not a United States citizen or the applicant attests that the applicant is not a United States citizen, no application submitted by that applicant shall serve as a dual-purpose application under this Section.

(c-5) Before asking any applicant described in subsection (b) of this Section to provide the affirmation described in that subsection, the The designated automatic voter registration agency shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois; , (ii) of the penalties provided by law for submission of a false voter registration application, including the immigration-related consequences of incorrectly claiming United States citizenship and of the applicant's opportunity not to proceed in order to avoid the penalties; (iii) that the application shall serve as an application to register to vote or change the applicant's voter registration, and that the application , unless the applicant declines to register to vote or update his or her voter registration, his or her application shall also serve as both an application to register to vote and his or her attestation that he or she meets the eligibility requirements for voter registration, and that his or her application to register to vote or update his or her registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on the dual-purpose application; , (iv) that information identifying the agency at which he or she applied to register to vote is confidential; , (v) that declining to register to vote is confidential and will not affect any services the person may be seeking from the agency, and (v) (vi) any additional information needed in order to comply with Section 7 of the federal National Voter Registration Act of 1993. The designated automatic voter registration agency may provide additional instructions specific to applicants under subsection (b).

(c-10) Before asking any applicant described in subsection (c) to provide the attestation described in that subsection, the designated automatic voter registration agency shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois; (ii) of the penalties provided by law for submission of a false voter registration application, including the immigration-related consequences of incorrectly claiming United States citizenship, and of the applicant's opportunity to withdraw an application to avoid the penalties; (iii) that the application shall also serve as an application to register to vote or update the applicant's voter registration and that the application to register to vote or update voter registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on the dual-purpose application, unless the applicant withdraws the application or declines to register to vote or update the applicant's voter registration; (iv) that information identifying the agency at which the applicant applied to register to vote is confidential; (v) that withdrawing a voter registration application or otherwise declining to register to vote is confidential and will not affect any services the person may be seeking from the agency; and (vi) any additional information needed in order to comply with Section 7 of the federal National Voter Registration Act of 1993. The designated automatic voter registration agency may provide additional instructions specific to applicants under subsection (c).

(d) The designated automatic voter registration agency shall review information provided to the agency by the State Board of Elections to inform each applicant covered by subsection (c) whether the applicant is currently registered to vote in Illinois and, if registered, at what address.

(e) The designated automatic voter registration agency shall not require an applicant for a dual-purpose application to provide duplicate identification or information in order to complete an application to register to vote or change the applicant's his or her registered residence address or name. Before transmitting any personal information about an applicant to the State Board of Elections, the agency shall review its records of the identification documents the applicant provided or that the agency cross-references in order to complete the dual-purpose application, to confirm that nothing in those documents indicates that the applicant does not satisfy the qualifications to register to vote in Illinois at the applicant's his or her residence address. A completed and signed dual-purpose application, including a completed application under subsection (c) of this Section with a separate signature attesting that the applicant meets the qualifications to register to vote in Illinois at the his or her residence address as indicated on the his or her application, shall constitute an application to register to vote in Illinois at the residence address indicated in the application unless the person affirmatively declined in the application to register to vote or to change his or her registered residence address or name. If the identification documents provided to complete the dual-purpose application, or that the agency cross-references, indicate that the applicant he or she does not satisfy the qualifications to register to vote in Illinois at his or her residence address, the application shall be marked as incomplete. If the applicant provides the designated automatic voter registration agency with an address designated by the Attorney General as a substitute mailing address under Section 15 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act, or is a judicial officer or peace officer who provides the designated automatic voter registration agency with a work address instead of a residence address, the applicant shall not be offered voter registration by the designated automatic voter registration agency.

(f) For each completed and signed dual-purpose application that constitutes an application to register to vote in Illinois or provides for a change in the applicant's registered residence address or name, the designated automatic voter registration agency shall electronically transmit to the State Board of Elections personal information needed to complete the person's registration to vote in Illinois at his or her residence address, including the applicant's language preference as indicated by the applicant or as otherwise collected by the designated automatic voter registration agency in the course of receiving applications and other forms regarding licenses, permits, programs, and services offered by the designated automatic voter registration agency. The application to register to vote shall be processed in accordance with Section 1A-16.7.

(g) As used in this Section:

"Designated automatic voter registration agency" or "agency" means the divisions of Family and Community Services and Rehabilitation Services of the Department of Human Services, the Department of Employment Security, the Department of Financial and Professional Regulation, the Department of Natural Resources, or an agency of the local, tribal, State, or federal government that has been determined by the State Board of Elections to have access to reliable personal information and has entered into an interagency contract with the State Board of Elections to participate in the automatic voter registration program under this Section.

"Dual-purpose application" means an application, an application for renewal, a change of address form, or a recertification form for a license, permit, program, or service offered by a designated automatic voter registration agency that also serves as an application to register to vote in Illinois.

"Reliable personal information" means information about individuals obtained from government sources that may be used to verify whether an individual is eligible to register to vote.

(h) (Blank). This Section shall be implemented no later than July 1, 2019.

(i) If an agency under this Section receives documentation that an applicant is a United States citizen, as described in subsection (g) of Section 1A-16.1 for more than one person listed on an application for a license, permit, program, or service, each person for whom the agency receives the documentation may be considered an applicant under this Section and the application may serve as a dual-purpose application for each person.

(j) The changes made to this Section by this amendatory Act of the 104th General Assembly shall be implemented no later than January 1, 2027.

(Source: P.A. 100-464, eff. 8-28-17.)

(10 ILCS 5/1A-16.3 new)

Sec. 1A-16.3. Language assistance.

(a) Every facility operated by the Driver Services Department of the Office of the Secretary of State and all facilities of a designated voter registration agency located in a political subdivision covered by Section 203 of the federal Voting Rights Act shall display and make plainly visible signage informing applicants about the type of language assistance available. The signage shall be in the covered languages applicable for the political subdivision.

(b) Every facility operated by the Driver Services Department of the Office of the Secretary of State and all facilities of a designated voter registration agency located in a political subdivision covered by Section 203 of the federal Voting Rights Act shall make available, in the covered languages, all written materials and verbal communication regarding voter registration for the purpose of processing the applicant's dual-purpose application described in Sections 1A-16.1 and 1A-16.2. Every facility operated by the Driver Services Department of the Office of the Secretary of State and all facilities of a designated voter registration agency shall make available, in the 5 most common non-English languages in this State, all written materials and verbal communications regarding voter registration for the purpose of processing an applicant's dual-purpose application described in Sections 1A-16.1 and 1A-16.2. These materials shall include the notices described in subsection (b-10) of Section 1A-16.1 and subsection (e) of Section 2-105 of the Illinois Vehicle Code, the affirmations described in paragraph (3) of subsection (b) of Section 1A-16.1 and paragraph (3) of subsection (b) of Section 1A-16.2, and the attestations described in subsection (b-5) of Section 1A-16.1 and paragraph (3) of subsection (c) of Section 1A-16.2.

(c) In addition to the requirements under subsections (a) and (b), the Driver Services Department of the Office of the Secretary of State, as part of every transaction described in subsections (b) and (b-5) of Section 1A-16.1 completed through its website, and each designated automatic voter registration agency, as defined in subsection (g) of Section 1A-16.2, as part of every transaction described in subsections (b) and (c) of Section 1A-16.2 completed through its website, shall make available, in the covered languages required in any jurisdiction in this State by Section 203 of the federal Voting Rights Act and in the 5 most common non-English languages in this State, all information and questions provided to an applicant regarding voter registration for the purpose of processing the applicant's dual-purpose application as described in Sections 1A-16.1 and 1A-16.2. These materials shall include, but not be limited to, the notices described in subsection (b-10) of Section 1A-16.1 and subsection (e) of Section 2-105 of the Illinois Vehicle Code, the affirmations described in paragraph (3) of subsection (b) of Section 1A-16.1 and paragraph (3) of subsection (b) of Section 1A-16.2, and the attestations described in subsection (b-5) of Section 1A-16.1 and paragraph (3) of subsection (c) of Section 1A-16.2. The Office of the Secretary of the State shall determine the 5 most common non-English languages in this State by referring to the best available data from the United States Census Bureau or other sources that the Office of the Secretary of the State considers relevant and reliable.

(10 ILCS 5/1A-16.7)

Sec. 1A-16.7. Automatic voter registration.

(a) The State Board of Elections shall establish and maintain a portal for automatic government agency voter registration that permits an eligible person to electronically apply to register to vote or to update his or her existing voter registration as provided in Section 1A-16.1 or Section 1A-16.2. The portal shall interface with the online voter registration system established in Section 1A-16.5 of this Code and shall be capable of receiving and processing voter registration application information, including electronic signatures, from the Office of the Secretary of State and each designated automatic voter registration agency, as defined in Section 1A-16.2. The State Board of Elections may cross-reference voter registration information from any designated automatic voter registration agency, as defined under Section 1A-16.2 of this Code, with information contained in the database of the Secretary of State as provided under subsection (c) of Section 1A-16.5 of this Code. The State Board of Elections shall modify the online voter registration system as necessary to implement this Section.

(b) Voter registration data received from the Office of the Secretary of State or a designated automatic voter registration agency through the online registration application system shall be processed as provided in Section 1A-16.5 of this Code.

(c) The State Board of Elections shall establish technical specifications applicable to each automatic government registration program, including data format and transmission specifications. The Office of the Secretary of State and each designated automatic voter registration agency shall maintain a data transfer mechanism capable of transmitting voter registration application information, including electronic signatures where available, to the online voter registration system established in Section 1A-16.5 of this Code.

(d) The State Board of Elections shall, by rule, establish criteria and procedures for determining whether an agency of the State or federal government seeking to become a designated automatic voter registration agency in the course of receiving applications and other forms regarding licenses, permits, programs, and services offered by the agency, receives documentation that an applicant is a United States citizen, as described in subsection (g) of Section 1A-16.1 has access to reliable personal information, as defined under this subsection (d) and subsection (f) of Section 1A-16.2 of this Code, and otherwise meets the requirements to enter into an interagency contract and to operate as a designated automatic voter registration agency. The State Board of Elections shall approve each interagency contract upon affirmative vote of a majority of its members.

As used in this subsection (d), "reliable personal information" means information about individuals obtained from government sources that may be used to verify whether an individual is eligible to register to vote.

(e) Whenever an applicant's data is transferred from the Office of the Secretary of State or a designated automatic voter registration agency, the agency must transmit a signature image if available. If no signature image was provided by the agency and , or if no signature image is available in the Office of the Secretary of State's database or the statewide voter registration database, or other database available to the State Board of Elections, the applicant must be notified that voter his or her registration will remain in a pending status until the applicant: , and the applicant will be required to

(1) provides provide identification that complies with the federal Help America Vote Act of 2002 and a signature to the election authority on election day in the polling place or during early voting; .

(2) provides identification that complies with the federal Help America Vote Act of 2002 and a signature with a mail ballot, or provides a signature in accordance with the procedures described in subsection (g-5) of Section 19-8; or

(3) provides a signature in response to the notice described in subsection (g) or by other paper or electronic means determined by the State Board of Elections.

(f) Upon receipt of personal information collected and transferred by the Office of the Secretary of State or a designated automatic voter registration agency, the State Board of Elections shall check the information against the statewide voter registration database. The State Board of Elections shall create and electronically transmit to the appropriate election authority a voter registration application for any individual who is not registered to vote in Illinois and is not disqualified as provided in this Section or whose information reliably indicates a more recent update to the name or address of a person already included in the statewide voter database. The election authority shall process the application accordingly. If the individual provides the Office of the Secretary of State or a designated automatic voter registration agency with an address designated by the Attorney General as a substitute mailing address under Section 15 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act or if the State Board of Elections otherwise determines that the individual is a program participant under Section 10 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act, the State Board of Elections shall not create or electronically transmit to an election authority a voter registration the application for the individual. The State Board of Elections may provide alternative voter registration procedures for the individuals described in this subsection.

(g) The appropriate election authority shall ensure that any applicant about whom it receives information from the State Board of Elections under subsection (f) who is registered to vote or whose existing voter registration is updated under this Section is promptly sent written notice of the change. The notice required by this subsection (g) may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (g) shall contain, at a minimum: (i) the applicant's name and residential address as reflected on the voter registration list; (ii) a statement notifying the applicant to contact the appropriate election authority if his or her voter registration has been updated in error; (iii) the qualifications to register to vote in Illinois; (iv) a statement notifying the applicant that he or she may opt out of voter registration or request a change to his or her registration information at any time by contacting an election official; and (iii) (v) contact information for the appropriate election authority, including a phone number, address, electronic mail address, and website address.

For an applicant under subsection (b) of Section 1A-16.1 or subsection (b) of Section 1A-16.2 who is not currently registered to vote in Illinois, the notice shall be sent within 5 business days after the transmission of the voter registration application to the election authority and shall contain:

(1) the following statement: "After your recent visit to [an Illinois Secretary of State Driver Services Facility, or designated automatic voter registration agency] we started an automatic voter registration process for you. You will be registered to vote unless you complete, sign, and return this card by [deadline date].";

(2) the notices required by Section 5(c)(2) of the National Voter Registration Act of 1993; and

(3) an opportunity to provide a signature as described in subsection (e) and to select a language for election materials if applicable to the jurisdiction, by prepaid postage.

For an applicant under subsection (b) of Section 1A-16.1 or subsections (b) of Section 1A-16.2 who is currently registered to vote in Illinois and whose application contains a change in the applicant's registered residence address or name, the notice shall be sent within 5 business days after the transmission of the voter registration application to the election authority and shall contain:

(1) the following statement: "After your recent visit to [an Illinois Secretary of State Driver Services Facility or designated automatic voter registration agency], we started an update to your voter registration. Your voter registration will be updated unless you complete, sign and return this card by [deadline date].";

(2) the notices required by Section 5(c)(2) of the National Voter Registration Act of 1993; and

(3) an opportunity to provide a signature as described in subsection (e), and to select a language for election materials if applicable to the jurisdiction, by prepaid postage.

Any notice required by this subsection shall, at a minimum, be provided in languages for which there is coverage for the jurisdiction of the election authority under Section 203 of the federal Voting Rights Act, as identified by the United States Census Bureau in the Federal Register. Any notice required by this subsection must also comply with all applicable, federal, State, and local laws, regulations, and ordinances that relate to providing language access to individuals with limited English proficiency. If the State Board of Elections has received language preference information regarding the applicant and has transmitted that information to the appropriate election authority, the appropriate election authority shall take all practicable measures to send the notice to the applicant in the applicant's preferred language.

(g-5) If an applicant under subsection (b) of Section 1A-16.1 or subsection (b) of Section 1A-16.2 returns the notice described in subsection (g) declining to be registered within 23 days after the mailing of the notice, the applicant shall not be registered to vote and the applicant shall be deemed not to have attempted to register to vote. If an applicant under subsection (b) of Section 1A-16.1 or subsection (b) of Section 1A-16.2 returns the notice described in subsection (g) declining or correcting the update within 23 days after the mailing of the notice, the applicant's update shall be declined or corrected in the statewide voter registration database. If an applicant returns the notice described in subsection (g) but does not do so within 23 days after the mailing of the notice, then the applicant shall be registered to vote under the name and address contained in the dual-purpose application. If an applicant returns the notice described in subsection (g) declining to be registered or declining or correcting the update more than 23 days after the mailing of the notice, then the notice shall be processed as a request to cancel or update the applicant's registration. During the 23-day period specified in this subsection, an applicant's voter registration or updated voter registration shall be in a pending status.

(g-6) If an applicant under subsection (b) of Section 1A-16.1 or subsection (b) of Section 1A-16.2 returns the notice indicating a language preference, the language preference shall be retained as part of the person's registration information.

(h) The appropriate election authority shall ensure that any applicant whose voter registration application is not accepted or deemed incomplete is promptly sent written notice of the application's status. The notice required by this subsection may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (h) shall contain, at a minimum, the reason the application was not accepted or deemed incomplete and contact information for the appropriate election authority, including a phone number, address, electronic mail address, and website address.

(i) If the Office of the Secretary of State or a designated automatic voter registration agency transfers information, or if the State Board of Elections creates and transmits a voter registration application, for a person who does not qualify as an eligible voter, then it shall not constitute a completed voter registration form, and the person shall not be considered to have registered to vote.

(j) If the registration is processed by any election authority, then it shall be presumed to have been effected and officially authorized by the State, and that person shall not be found on that basis to have made a false claim to citizenship or to have committed an act of moral turpitude, nor shall that person be subject to penalty under any relevant laws, including, but not limited to, Sections 29-10 and 29-19 of this Code. This subsection (j) does not apply to a person who knows that he or she is not entitled to register to vote and who willfully votes, registers to vote, or attests under penalty of perjury that he or she is eligible to register to vote or willfully attempts to vote or to register to vote.

(k) The State Board of Elections, the Office of the Secretary of State, and each designated automatic voter registration agency shall implement policies and procedures to protect the privacy and security of voter information as it is acquired, stored, and transmitted among agencies, including policies for the retention and preservation of voter information. Information designated as confidential under this Section may be recorded and shared among the State Board of Elections, election authorities, the Office of the Secretary of State, and designated automatic voter registration agencies, but shall be used only for voter registration purposes, shall not be disclosed to the public except in the aggregate as required by subsection (m) of this Section, and shall not be subject to the Freedom of Information Act. The following information shall be designated as confidential:

(1) any portion of an applicant's Social Security number;

(2) any portion of an applicant's driver's license number or State identification number;

(3) an applicant's decision to decline voter registration;

(4) the identity of the person providing information relating to a specific applicant; and

(5) the personal residence and contact information of any applicant for whom notice has been given by an appropriate legal authority; and .

(6) the personal residence and contact information relating to an applicant who returns a notice described subsection (g) declining to register to vote that was received by the election authority within 23 days after mailing the notice or for whom the 23-day period has not passed.

This subsection (k) shall not apply to information the State Board of Elections is required to share with the Electronic Registration Information Center.

(l) The voter registration procedures implemented under this Section shall comport with the federal National Voter Registration Act of 1993, as amended, and shall specifically require that the State Board of Elections track registration data received through the online registration system that originated from a designated automatic voter registration agency for the purposes of maintaining statistics.

Nothing in this Code shall require designated voter registration agencies to transmit information that is confidential client information under State or federal law without the consent of the applicant.

(m) The State Board of Elections, each election authority that maintains a website, the Office of the Secretary of State, and each designated automatic voter registration agency that maintains a website shall provide information on their websites informing the public about the new registration procedures described in this Section. The Office of the Secretary of State and each designated automatic voter registration agency shall display signage or provide literature for the public containing information about the new registration procedures described in this Section.

(n) No later than 6 months after the effective date of this amendatory Act of the 100th General Assembly, the State Board of Elections shall hold at least one public hearing on implementing this amendatory Act of the 100th General Assembly at which the public may provide input.

(o) The State Board of Elections shall submit an annual public report to the General Assembly and the Governor detailing the progress made to implement this Section. The report shall include all of the following: the number of records transferred under this Section by agency, the number of voters newly added to the statewide voter registration list because of records transferred under this Section by agency, the number of updated registrations under this Section by agency, the number of persons who opted out of voter registration, and the number of voters who submitted voter registration forms using the online procedure described in Section 1A-16.5 of this Code. The 2018 and 2019 annual reports may include less detail if election authorities are not equipped to provide complete information to the State Board of Elections. Any report produced under this subsection (o) shall exclude any information that identifies any individual personally.

(p) The State Board of Elections, in consultation with election authorities, the Office of the Secretary of State, designated automatic voter registration agencies, and community organizations, shall adopt rules as necessary to implement the provisions of this Section.

(q) The changes made to this Section by this amendatory Act of the 104th General Assembly shall be implemented no later than January 1, 2027.

(Source: P.A. 100-464, eff. 8-28-17.)

(10 ILCS 5/1A-16.8)

Sec. 1A-16.8. Automatic transfer of registration based upon information from the National Change of Address database and designated automatic voter registration agencies.

(a) The State Board of Elections shall cross-reference the statewide voter registration database against the United States Postal Service's National Change of Address database twice each calendar year, April 15 and October 1 in odd-numbered years and April 15 and December 1 in even-numbered years or with the same frequency as in subsection (b) of this Section, and shall share the findings with the election authorities.

(b) In addition, beginning no later than September 1, 2017, the State Board of Elections shall utilize data provided as part of its membership in the Electronic Registration Information Center in order to cross-reference the statewide voter registration database against databases of relevant personal information kept by designated automatic voter registration agencies, including, but not limited to, driver's license information kept by the Secretary of State, at least 6 times each calendar year and shall share the findings with election authorities.

This subsection (b) shall no longer apply once Sections 1A-16.1 and 1A-16.2 of this Code are fully implemented as determined by the State Board of Elections. Upon a determination by the State Board of Elections of full implementation of Sections 1A-16.1 and 1A-16.2 of this Code, the State Board of Elections shall file notice of full implementation and the inapplicability of this subsection (b) with the Index Department of the Office of the Secretary of State, the Governor, the General Assembly, and the Legislative Reference Bureau.

(b-5) The State Board of Elections shall not be required to share any data on any voter attained using the National Change of Address database under subsection (a) of this Section if that voter has a more recent government transaction indicated using the cross-reference under subsection (b) of this Section. If there is contradictory or unclear data between data obtained under subsections (a) and (b) of this Section, then data obtained under subsection (b) of this Section shall take priority.

(c) An election authority shall automatically register any voter who has moved into its jurisdiction from another jurisdiction in Illinois or has moved within its jurisdiction provided that:

(1) the election authority whose jurisdiction includes the new registration address provides the voter an opportunity to reject the change in registration address through a mailing, sent by non-forwardable mail, to the new registration address, and

(2) when the election authority whose jurisdiction includes the previous registration address is a different election authority, then that election authority provides the same opportunity through a mailing, sent by forwardable mail, to the previous registration address.

This change in registration shall trigger the same inter-jurisdictional or intra-jurisdictional workflows as if the voter completed a new registration card, including the cancellation of the voter's previous registration. Should the registration of a voter be changed from one address to another within the State and should the voter appear at the polls and offer to vote from the prior registration address, attesting that the prior registration address is the true current address, the voter, if confirmed by the election authority as having been registered at the prior registration address and canceled only by the process authorized by this Section, shall be issued a regular ballot, and the change of registration address shall be canceled. If the election authority is unable to immediately confirm the registration, the voter shall be permitted to register and vote a regular ballot, provided that he or she meets the documentary requirements for same-day registration. If the election authority is unable to confirm the registration and the voter does not meet the requirements for same-day registration, the voter shall be issued a provisional ballot.

(c-5) An agency that does not receive documentation that an applicant is a United States citizen, as described in subsection (g) of Section 1A-16.1, may enter into an agreement with the State Board of Elections to transmit information that shall serve only to update an applicant's existing voter registration record. Under the agreement, the agency shall transmit information on all clients who may be registered to vote with a clear indication that the information shall be used only for updates. The State Board of Elections shall determine which applicants are already registered to vote and, for any voter whose information provided to the agency differs from that on the voter registration record, provide that information to the voter's local election authority who shall update a registered voter's records in accordance with the procedures described in Section 1A-16.7. The State Board of Election and local election authority shall take no action under this subsection for any applicant not already registered to vote.

This subsection shall be implemented no later than January 1, 2027.

(d) No voter shall be disqualified from voting due to an error relating to an update of registration under this Section.

(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)

Section 10. The Illinois Vehicle Code is amended by changing Section 2-105 as follows:

(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)

Sec. 2-105. Offices of Secretary of State.

(a) The Secretary of State shall maintain offices in the State capital and in such other places in the State as he may deem necessary to properly carry out the powers and duties vested in him.

(b) The Secretary of State may construct and equip one or more buildings in the State of Illinois outside of the County of Sangamon as he deems necessary to properly carry out the powers and duties vested in him. The Secretary of State may, on behalf of the State of Illinois, acquire public or private property needed therefor by lease, purchase or eminent domain. The care, custody and control of such sites and buildings constructed thereon shall be vested in the Secretary of State. Expenditures for the construction and equipping of any of such buildings upon premises owned by another public entity shall not be subject to the provisions of any State law requiring that the State be vested with absolute fee title to the premises. The exercise of the authority vested in the Secretary of State by this Section is subject to the appropriation of the necessary funds.

(c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of the Election Code, the Secretary of State shall make driver services facilities available for use as places of accepting applications for voter registration.

(d) (Blank).

(e) Each applicant person applying at a driver services facility for a driver's license or permit, a corrected driver's license or permit, an Illinois Identification Card identification card or a corrected Illinois Identification Card who has presented documentation establishing United States citizenship as set forth in subsection (g) of Section 1A-16.1 of the Election Code identification card shall be notified, under the procedures set forth in Sections 1A-16.1 and 1A-16.7 of the Election Code, that the applicant's unless he or she affirmatively declines, his or her personal information shall be transferred to the State Board of Elections for the purpose of creating an electronic voter registration application. Each applicant applying at a driver services facility for a driver's license or permit, a corrected driver's license or permit or a State identification card or a corrected Illinois Identification Card who presented documentation that neither establishes that the applicant is a United States citizen nor establishes that the applicant is not a United States citizen, but who affirmatively indicated they wished to apply to register to vote and attested, in writing, to United States citizenship, shall be notified, under the procedures set forth in Sections 1A-16.1 and 1A-16.7 of the Election Code that the applicant's personal information will be transmitted to the State Board of Elections for the purpose of creating an electronic voter registration application. Such notification may be made in writing or verbally issued by an employee or the Secretary of State.

The Secretary of State shall promulgate such rules as may be necessary for the efficient execution of his duties and the duties of his employees under this Section.

(f) Any person applying at a driver services facility for issuance or renewal of a driver's license or Illinois Identification Card shall be provided, without charge, with a brochure warning the person of the dangers of financial identity theft. The Department of Financial and Professional Regulation shall prepare these brochures and provide them to the Secretary of State for distribution. The brochures shall (i) identify signs warning the reader that he or she might be an intended victim of the crime of financial identity theft, (ii) instruct the reader in how to proceed if the reader believes that he or she is the victim of the crime of identity theft, and (iii) provide the reader with names and telephone numbers of law enforcement and other governmental agencies that provide assistance to victims of financial identity theft.

(g) (Blank). The changes made by this amendatory Act of the 100th General Assembly shall be implemented no later than July 1, 2018.

(h) The changes made to this Section by this amendatory Act of the 104th General Assembly shall be implemented no later than January 1, 2027.

(Source: P.A. 100-464, eff. 8-28-17.)

Section 99. Effective date. This Act takes effect upon becoming law.