SB0250sam001 99TH GENERAL ASSEMBLY

Sen. Andy Manar

Filed: 4/15/2016

09900SB0250sam001 LRB099 02958 MLM 47420 a

AMENDMENT TO SENATE BILL 250

AMENDMENT NO. ______. Amend Senate Bill 250 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by changing Sections 1A-16.5 and 1A-16.6 as follows:

(10 ILCS 5/1A-16.5)

Sec. 1A-16.5. Online voter registration.

(a) The State Board of Elections shall establish and maintain a system for online voter registration that permits a person to apply to register to vote or to update his or her existing voter registration. In accordance with technical specifications provided by the State Board of Elections, each election authority shall maintain a voter registration system capable of receiving and processing voter registration application information, including electronic signatures, from the online voter registration system established by the State Board of Elections.

(b) The online voter registration system shall employ security measures to ensure the accuracy and integrity of voter registration applications submitted electronically pursuant to this Section.

(c) The Board may receive voter registration information provided by applicants using the State Board of Elections' website, may cross reference that information with data or information contained in the Secretary of State's database in order to match the information submitted by applicants, and may receive from the Secretary of State the applicant's digitized signature upon a successful match of that applicant's information with that contained in the Secretary of State's database.

(d) Notwithstanding any other provision of law, a person who is qualified to register to vote and who has an authentic Illinois driver's license or State identification card issued by the Secretary of State may submit an application to register to vote electronically on a website maintained by the State Board of Elections.

(e) An online voter registration application shall contain all of the information that is required for a paper application as provided in Section 1A-16 of this Code, except that the applicant shall be required to provide:

(1) the applicant's full Illinois driver's license or State identification card number;

(2) the last 4 digits of the applicant's social security number; and

(3) the date the Illinois driver's license or State identification card was issued.

(f) For an applicant's registration or change in registration to be accepted, the applicant shall mark the box associated with the following statement included as part of the online voter registration application:

"By clicking on the box below, I swear or affirm all of the following:

(1) I am the person whose name and identifying information is provided on this form, and I desire to register to vote in the State of Illinois.

(2) All the information I have provided on this form is true and correct as of the date I am submitting this form.

(3) I authorize the Secretary of State to transmit to the State Board of Elections my signature that is on file with the Secretary of State and understand that such signature will be used by my local election authority on this online voter registration application for admission as an elector as if I had signed this form personally.".

(g) Immediately upon receiving a completed online voter registration application, the online voter registration system shall send, by electronic mail, a confirmation notice that the application has been received. Within 48 hours of receiving such an application, the online voter registration system shall send by electronic mail, a notice informing the applicant of whether the following information has been matched with the Secretary of State database:

(1) that the applicant has an authentic Illinois driver's license or State identification card issued by the Secretary of State and that the driver's license or State identification number provided by the applicant matches the driver's license or State identification card number for that person on file with the Secretary of State;

(2) that the date of issuance of the Illinois driver's license or State identification card listed on the application matches the date of issuance of that card for that person on file with the Secretary of State;

(3) that the date of birth provided by the applicant matches the date of birth for that person on file with the Secretary of State; and

(4) that the last 4 digits of the applicant's social security number matches the last 4 digits for that person on file with the Secretary of State.

(h) If the information provided by the applicant matches the information on the Secretary of State's databases for any driver's license and State identification card holder and is matched as provided in subsection (g) above, the online voter registration system shall:

(1) retrieve from the Secretary of State's database files an electronic copy of the applicant's signature from his or her Illinois driver's license or State identification card and such signature shall be deemed to be the applicant's signature on his or her online voter registration application;

(2) within 2 days of receiving the application, forward to the county clerk or board of election commissioners having jurisdiction over the applicant's voter registration: (i) the application, along with the applicant's relevant data that can be directly loaded into the jurisdiction's voter registration system and (ii) a copy of the applicant's electronic signature and a certification from the State Board of Elections that the applicant's driver's license or State identification card number, driver's license or State identification card date of issuance, and date of birth and social security information have been successfully matched.

(i) Upon receipt of the online voter registration application, the county clerk or board of election commissioners having jurisdiction over the applicant's voter registration shall promptly search its voter registration database to determine whether the applicant is already registered to vote at the address on the application and whether the new registration would create a duplicate registration. If the applicant is already registered to vote at the address on the application, the clerk or board, as the case may be, shall send the applicant by first class mail, and electronic mail if the applicant has provided an electronic mail address on the original voter registration form for that address, a disposition notice as otherwise required by law informing the applicant that he or she is already registered to vote at such address. If the applicant is not already registered to vote at the address on the application and the applicant is otherwise eligible to register to vote, the clerk or board, as the case may be, shall:

(1) enter the name and address of the applicant on the list of registered voters in the jurisdiction; and

(2) send by mail, and electronic mail if the applicant has provided an electronic mail address on the voter registration form, a disposition notice to the applicant as otherwise provided by law setting forth the applicant's name and address as it appears on the application and stating that the person is registered to vote.

(j) An electronic signature of the person submitting a duplicate registration application or a change of address form that is retrieved and imported from the Secretary of State's driver's license or State identification card database as provided herein may, in the discretion of the clerk or board, be substituted for and replace any existing signature for that individual in the voter registration database of the county clerk or board of election commissioners.

(k) Any new registration or change of address submitted electronically as provided in this Section shall become effective as of the date it is received by the county clerk or board of election commissioners having jurisdiction over said registration. Disposition notices prescribed in this Section shall be sent within 5 business days of receipt of the online application or change of address by the county clerk or board of election commissioners.

(l) All provisions of this Code governing voter registration and applicable thereto and not inconsistent with this Section shall apply to online voter registration under this Section. All applications submitted on a website maintained by the State Board of Elections shall be deemed timely filed if they are submitted no later than 11:59 p.m. on the final day for voter registration prior to an election. After the registration period for an upcoming election has ended and until the 2nd day following such election, the web page containing the online voter registration form on the State Board of Elections website shall inform users of the procedure for grace period voting.

(m) The State Board of Elections shall maintain a list of the name, street address, e-mail address, and likely precinct, ward, township, and district numbers, as the case may be, of people who apply to vote online through the voter registration system and those names and that information shall be stored in an electronic format on its website, arranged by county and accessible to State and local political committees.

(n) The Illinois State Board of Elections shall develop or cause to be developed an online voter registration system able to be accessed by at least the top two most used mobile electronic operating systems by January 1, 2016.

(o) (Blank).

(p) Each State department that maintains an Internet website must include a hypertext link to the homepage website maintained and operated pursuant to this Section 1A-16.5. For the purposes of this Section, "State department" means the departments of State Government listed in Section 5-15 of the Civil Administrative Code of Illinois (General Provisions and Departments of State Government).

(q) The State Board of Elections shall allow the online voter registration system to receive data from designated government agencies as defined in Section 1A-16.6 of this Code.

(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15.)

(10 ILCS 5/1A-16.6)

Sec. 1A-16.6. Government agency voter registration.

(a) By April 1, 2016, the State Board of Elections shall establish and maintain a portal for government agency registration that permits an eligible person to electronically apply to register to vote or to update his or her existing voter registration whenever he or she conducts business, either online or in person, with a designated government agency. 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 a designated government agency. The State Board of Elections shall modify the online voter registration system as necessary to implement this Section.

Voter registration data received from a designated government agency through the online registration system shall be processed as provided for in Section 1A-16.5 of this Code.

Whenever the registration interface is accessible to the general public, including, but not limited to, online transactions, the interface shall allow the applicant to complete the process as provided for in Section 1A-16.5 of this Code. The online interface shall be capable of providing the applicant with the applicant's voter registration status with the State Board of Elections and, if registered, the applicant's current registration address. The applicant shall not be required to re-enter any registration data, such as name, address, and birth date, if the designated government agency already has that information on file. The applicant shall be informed that by choosing to register to vote or to update his or her existing voter registration, the applicant consents to the transfer of the applicant's personal information to the State Board of Elections.

(a-5) Whenever a government employee serves a member of the public in an interaction that simultaneously serves as a voter registration application is accessing the registration system while servicing the applicant, except as provided in subsections (a-15) and (a-50) of this Section, the government employee shall notify the applicant of the applicant's registration status with the State Board of Elections and, if registered, the applicant's current registration address. The government employee shall inform the applicant of the eligibility requirements for voter registration including citizenship, of the penalties for submitting a false voter registration application, that the agency at which he or she applies to register to vote shall be confidential, that declining to register to vote shall be confidential, and that registering to vote or declining to register to vote shall not affect an applicant's entitlement to any benefits. The government employee shall not request duplicative information other than a signature and shall request additional information only if necessary to prevent duplicate voter registrations and enable the government employee to assess the eligibility of the applicant or to administer the election process. The government employee shall provide the applicant with the opportunity to attest under penalty of perjury that he or she meets the eligibility requirements for voter registration. The applicant shall not be required to disclose his or her citizenship status or provide a reason for declining to attest that he or she meets the eligibility requirements for voter registration. If the applicant elects to register to vote or to update his or her existing voter registration, the government employee shall collect the needed information and assist the applicant with his or her registration. The applicant shall be informed that by choosing to register to vote or to update his or her existing voter registration, the applicant consents to the transfer of the applicant's personal information to the State Board of Elections.

(a-10) If the applicant's voter registration application information collected by the designated government agency during the transaction indicates that the applicant is qualified to register to vote in Illinois and the applicant has attested that he or she is so qualified, then the designated government agency shall electronically transmit the applicant's voter registration application information to the State Board of Elections for voter registration purposes as provided for under Section 1A-16.5 of this Code. If the applicant's voter registration application information indicates that the applicant is qualified to register to vote in Illinois but the applicant has not attested to his or her qualifications under penalty of perjury, the designated government agency shall electronically transmit all information relevant to voter registration to the State Board of Elections for identification and registration of additional eligible but unregistered persons.

(a-15) If the applicant's voter registration application information collected by the designated government agency during the transaction reliably indicates that the applicant is not qualified to vote as shown by a current green card or other legal proof that the applicant is not a citizen, then the designated government agency need not provide the applicant with voter registration information and shall not electronically transmit the applicant's voter registration application information to the State Board of Elections for voter registration purposes.

(a-20) If the applicant's voter registration application information collected by the designated government agency during the transaction does not make it clear whether or not the applicant is qualified to register to vote in Illinois, the applicant's attestation under penalty of perjury that he or she meets the eligibility requirements for voter registration shall be deemed sufficient to qualify the applicant to register to vote and the designated government agency shall electronically transmit the applicant's voter registration application information to the State Board of Elections for voter registration purposes as provided for under Section 1A-16.5 of this Code.

(a-25) If information transferred pursuant to this Section reflects a person not included on the statewide voter registration list, and if the available information reliably indicates that the person meets the qualifications to vote in Illinois, the State Board of Elections shall ensure that the applicant is registered as a voter and added to the statewide voter registration list as provided for in Section 1A-16.5 of this Code.

(a-30) If the information transferred pursuant to this Section reflects a person already included on the statewide voter registration list, and if the information reliably indicates a more recent update to the person's name or address, the State Board of Elections shall ensure that the person's records on the statewide voter registration list are updated accordingly as provided for in Section 1A-16.5 of this Code.

(a-35) The State Board of Elections shall ensure that any applicant 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 may be sent by electronic mail if the applicant has provided an electronic mail address on the voter registration form. The notice required by this subsection (a-35) 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 (a-35) shall contain, at a minimum:

(1) the voter's name, date of birth, and residential address as reflected on the voter registration list;

(2) a statement that the voter's registration information has been updated automatically;

(3) a statement of the qualifications to be a voter;

(4) a statement that it is illegal for a person who is not qualified to be a voter to vote in an election, which shall be printed in larger text than the rest of the notice;

(5) a statement notifying the voter to contact the State Board of Elections or the local election authority if he or she does not meet the qualifications to be a voter;

(6) a statement notifying the voter to contact the State Board of Elections or the local election authority if his or her voter registration has been updated in error;

(7) a statement notifying the voter that he or she may opt out of voter registration, or request a change to registration information, at any time by contacting an election official;

(8) contact information for the State Board of Elections, including a phone number, address, electronic mail address, and website address;

(9) contact information for the local election authority, if applicable, including a phone number, address, electronic mail address, and website address; and

(10) any other information that the State Board of Elections deems necessary to fulfill the obligations of this Section or local, State, or federal law.

(a-40) The State Board of Elections shall ensure that any applicant whose voter registration application is not accepted or deemed incomplete, even though his or her information was transmitted by a designated government agency, is promptly sent written notice of the application's status. The notice may be sent by electronic mail if the applicant has provided an electronic mail address on the voter registration form. The notice required by this subsection (a-40) 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 (a-40) shall contain, at a minimum, the reason the application was not accepted or deemed incomplete and contact information for the State Board of Elections, including a phone number, address, electronic mail address, and website address.

(a-45) If a designated government agency electronically transmits to the State Board of Elections or any other election authority the record and signature of a person who does not qualify as an eligible voter, it shall not constitute a completed voter registration form, and the person shall not be considered to have registered to vote. If such registration is processed by the State Board of Elections or other election authority, 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.

(a-50) No employee of a designated government agency shall transmit to the State Board of Elections voter registration application information for any person who applies for or is issued a temporary visitor's driver's license pursuant to Section 6-105.1 of the Illinois Vehicle Code.

(a-55) Notwithstanding any other provision of law to the contrary, a person who is at least 16 years of age and otherwise meets all eligibility requirements for voters may pre-register to vote. Applicants who are at least 16 years of age shall be deemed competent to execute and attest to any voter registration forms. A registration made pursuant to this subsection (a-55) shall be deemed effective as of the date the applicant is qualified to vote pursuant to Section 3-6 of this Code. When the pre-registrant is qualified to vote, the State Board of Elections shall automatically generate a notice and mail it to the pre-registrant at the address at which he or she pre-registered or any updated address to notify the pre-registrant of his or her eligibility to vote in the next election. The notice may be sent by electronic mail if the pre-registrant has provided an electronic mail address on the voter registration form.

(a-60) In the event that the registration of a voter is changed from one address to another within the State and the voter appears at the polls and offers 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 at the polling place if he or she meets the 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 and the provisional ballot shall be counted as provided for under Article 18A of this Code. No voter shall be disqualified from voting due to an error relating to an update of registration made under this Section.

(a-65) In accordance with technical specifications provided by the State Board of Elections, each designated government 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. Each designated government agency shall establish and operate a voter registration system capable of transmitting voter registration application information to the portal as described in this Section by July 1, 2016.

(b) Whenever an applicant's data is transferred from a designated government agency, the agency must transmit a signature image if available. If no signature image was provided by the agency or if no signature image is available in the Secretary of State's database or the statewide voter registration database, the applicant must be notified that their registration will remain in a pending status and the applicant will be required to provide identification and a signature to the election authority on Election Day in the polling place or during early voting.

(b-5) The State Board of Elections shall establish procedures to protect the confidentiality of voter information acquired from designated government agencies. The following items shall be designated as confidential: any portion of an applicant's Social Security number, any portion of an applicant's motor vehicle driver's license number or State identification card number, any applicant's signature, and the personal residence and contact information of any applicant for whom local, State, or federal law requires confidentiality, including, but not limited to, a victim of domestic violence pursuant to the Address Confidentiality for Victims of Domestic Violence Act or a victim of stalking pursuant to the Stalking No Contact Order Act. The identity of the designated government agency providing information under this Section relating to any applicant shall not be disclosed to the public and shall be used only for voter registration purposes.

(c) 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 The State Board of Elections shall track registration data received through the online registration system that originated from a designated government agency for the purposes of maintaining statistics required by the federal National Voter Registration Act of 1993, as amended.

(c-5) Once annually, all designated government agencies under this Section shall cross-reference records containing voter registration information for the purpose of updating the statewide voter registration list and registering individuals whose records show that they are qualified to vote in Illinois. Each agency shall electronically submit any updated voter registration records or voter registration applications to the State Board of Elections for voter registration purposes as provided for under Section 1A-16.5 of this Code. The State Board of Elections shall ensure that any applicant who is registered to vote or whose voter registration is updated under this subsection (c-5) is promptly sent written notice of the change as provided in subsection (a-35). The State Board of Elections, in consultation with designated government agencies, shall adopt such rules and regulations as necessary to establish procedures for cross-referencing and updating records containing voter registration information.

(d) The State Board of Elections shall submit an annual public a report to the General Assembly and the Governor by December 1, 2015 detailing the progress made to implement the government agency voter registration portal described in 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. Any report produced under this subsection (d) shall exclude any information that identifies any individual personally.

(d-5) The State Board of Elections shall, in consultation with community organizations and local election authorities, develop and implement a plan for educating the public about the new registration procedures described in this Section. All written materials may meet, but shall not exceed, the sixth grade literacy level and shall be provided in English and Spanish. Components of the voter education plan may include: mailings to all known citizens; use of social media; emails to voters with known email addresses; newspaper, radio, and television advertisements, including ethnic media and outlets with a wide public reach; production of educational brochures and flyers to be made available for dissemination by local elections officials, community organizations, civic groups, religious institutions, institutions of higher learning, including community colleges, and political parties; and an informational section on the website of the State Board of Elections describing new laws and regulations and providing copies of any educational materials produced under this subsection (d-5).

(d-10) No later than 3 months after the effective date of this amendatory Act of the 99th General Assembly, and during the 2-year period beginning on the effective date of this amendatory Act of the 99th General Assembly, the State Board of Elections shall establish and convene for a meeting the Automatic Voter Registration Implementation Advisory Committee. The State Board of Elections shall meet on a quarterly basis with the Advisory Committee, and each designated government agency under this Section shall report to the Advisory Committee on a quarterly basis. The Advisory Committee shall be responsible for evaluating agency progress in implementing this amendatory Act of the 99th General Assembly, advising the State Board of Elections and designated government agencies on implementation procedures, reviewing and making recommendations on rulemaking under this Section, and reviewing the annual report prepared under subsection (d) of this Section. Advisory Committee meetings shall be subject to the requirements of the Open Meetings Act. The Advisory Committee shall consist of the following members, who shall serve without compensation:

(1) two members appointed by the President of the Senate, one of whom shall be a representative of a non-profit organization that advocates on behalf of immigrants or New Americans; racial or ethnic minorities; individuals with disabilities; women; or government reform or civic engagement;

(2) two members appointed by the Minority Leader of the Senate, one of whom shall be a representative of a non-profit organization that advocates on behalf of immigrants or New Americans; racial or ethnic minorities; individuals with disabilities; women; or government reform or civic engagement;

(3) one member appointed by the Speaker of the House of Representatives;

(4) one member appointed by the Minority Leader of the House of Representatives;

(5) one member appointed by the Attorney General;

(6) one member appointed by the Secretary of State;

(7) one member appointed by and agreed upon by a majority of other designated government agencies under this Section, including, but not limited to, the Department of Human Services, the Department of Healthcare and Family Services, the Department of Employment Security, and the Department of Aging; and

(8) one member appointed by the Illinois Association of County Clerks and Recorders.

The Advisory Committee shall elect a chairperson by majority vote from among its members.

(e) The State Board of Elections, in consultation with the designated government agencies, shall adopt rules as necessary to implement the provisions of this Section , in consultation with the impacted agencies.

(e-5) Subsections (a-5) through (a-60) and subsections (b-5) and (c-5) of this Section shall be implemented no later than September 1, 2016 for all designated government agencies maintained by the Secretary of State and no later than March 1, 2017 for all other designated government agencies maintained by the State.

(f) As used in this Section, a "designated government agency" means the Secretary of State's Driver Services and Vehicle Services Departments, the Department of Human Services, the Department of Healthcare and Family Services, the Department of Employment Security, and the Department on Aging, any federal source that agrees to submit personal identification information to the State for voter registration purposes, and any other reliable State government source the State Board of Elections may designate.

(Source: P.A. 98-1171, eff. 6-1-15.)

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-16.6 and Section 1A-25 of the Election Code, the Secretary of State shall make driver services facilities available for use as places of accepting applications for voter registration.

(d) (Blank).

(e) Each person applying at a driver services facility for a driver's license or permit, a corrected driver's license or permit, an Illinois identification card or a corrected Illinois identification card shall be notified, under the procedures set forth in Section 1A-16.6 of the Election Code, that unless he or she opts out that the person shall be registered may apply to register to vote, and if his or her address has changed, his or her voter registration information shall be updated to the new address within this State at such station and may also apply to transfer his or her voter registration at such station to a different address in the State. 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.

(Source: P.A. 97-81, eff. 7-5-11.)".