Section 300.40  Designated Automatic Voter Registration Agencies

a)         When identified in Code Section 1A-16.2(g), an agency is a designated automatic voter registration agency. The agency will implement automatic voter registration in accordance with the applicable section of the jointly adopted rules of the agency and the Board.

b)         Pursuant to Code Section 1A-16.2(g), the State Board will enter into an interagency agreement with a governmental agency other than an agency identified therein, allowing the agency to operate as a designated automatic voter registration agency for individuals in the State of Illinois, only if the agency complies with the following requirements:

1)         As part of its usual course of business, the agency must provide applications, applications for renewal, change of address forms, or recertification forms to individuals for licenses, permits, or services. The State Board will not enter into an interagency agreement with an agency that offers licenses, permits, or services solely to non-individual applicants (e.g., groups or multi-individual business entities).

2)         If the agency offers opt-in automatic voter registration or opt-out automatic voter registration, the applications collected or processed by the agency must contain the individual's:

A)        full legal name (first name, last name);

B)        residence address;

C)        mailing address, if different from residence address;

D)        date of birth;

E)        sex;

F)         Illinois driver's license number, state identification card number, or last 4 digits of the applicant's social security number; and

G)        issue date of the individual's Illinois driver's license number or State identification card number, if applicable.

3)         Upon implementation of a system for transmitting voter registration applications electronically to the State Board, the designated automatic voter registration agency may not require the applicant to use a paper registration form to complete a voter registration application if the voter can access the electronic voter registration method.

c)         Types of Automatic Voter Registration Programs

1)         In consideration of the technological capabilities of a designated automatic voter registration agency, the State Board will offer the following types of automatic voter registration programs:

A)        Opt-In Automatic Voter Registration, which is an automatic voter registration program wherein an applicant affirmatively elects to register to vote or change an already registered voter's name, residence address, or both, through simultaneous application with a designated voter registration agency.

B)        Opt-Out Automatic Voter Registration, which is an automatic voter registration program wherein an applicant's application with a designated automatic voter registration agency serves as simultaneous application to register to vote or to change an already registered voter's name, residence address, or both, unless the applicant affirmatively declines.

C)        Website Transfer, which is an automatic voter registration program wherein an applicant affirmatively elects to register to vote or change an already registered voter's name, residence address, or both, by being given the opportunity to complete a website-based application to register or update registration information that has been prefilled with data provided to the designated automatic voter registration agency.

2)         Whether an agency collects or cross-references reliable personal information indicating citizenship in the regular course of its application process will determine the type of automatic voter registration program the agency may implement.

3)         As used in this Section, "reliable personal information indicating citizenship" means a government-issued source verifying that an individual is a citizen of the United States, and includes the following:

A)        a valid, unexpired United States passport or United States passport card;

B)        an original or certified copy of a birth certificate filed with the Division of Vital Records or equivalent agency in the applicant's state of birth;

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

D)        a Certificate of Naturalization issued by the United States Department of Homeland Security, Form N-550 or Form N-570; and

E)        a Certificate of Citizenship issued by the United States Department of Homeland Security, Form N-560 or form N-561.

4)         If an agency collects or cross-refences reliable personal information indicating citizenship in the regular course of its application process, the agency may implement opt-in, opt-out, or website transfer automatic voter registration.

5)         If an agency does not collect or cross-reference reliable personal information indicating citizenship in the regular course of its application process, it may implement opt-in or website transfer automatic voter registration, but the agency may not implement opt-out automatic voter registration.

6)         Under no circumstances will a designated voter registration agency that collects reliable personal information indicating citizenship forward to the SBE original or copies of any documents collected.

7)         An agency designated as an automatic voter registration agency under Code Section 1A-16.2 must identify the type of automatic voter registration program in its interagency contract with the State Board.

8)         An agency designated as an automatic voter registration agency under Code Section 1A-16.2 must identify specific implementation requirements as required by Code Section 1A-16.2.

d)         Every type of automatic voter registration program identified in subsection (b) is subject to the following requirements:

1)         The program may not require the applicant to provide duplicate information.

2)         The program must incorporate the appropriate attestation under Code Sections 1A-16.2 and 1A-16.5(f) for the type of program implemented and as set forth in the agency's administrative rules jointly adopted with the State Board.

3)         Pursuant to Code Section 1A-16.2, the agency must execute a data sharing agreement with the SBE prior to initiating an automatic voter registration program establishing minimum standards for data confidentiality, security, and retention.

4)         The agency will produce and provide training to its employees on the requirements to register to vote in Illinois and the processing of voter registration applications.

5)         The agency will conspicuously publish requirements to register to vote in Illinois in the location where an individual could complete a dual-purpose application.  (See 10 ILCS 5/1A-16.2.)

6)         Within 90 days of executing a data sharing agreement to initiate an automatic voter registration program, if additional rulemaking is required, the agency and SBE must initiate the adoption of jointly adopted rules to implement the automatic voter registration program.