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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||||||||
5 | changing Section 7.5 as follows: | |||||||||||||||||||||||||||||
6 | (5 ILCS 140/7.5) | |||||||||||||||||||||||||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | |||||||||||||||||||||||||||||
8 | by the statutes referenced below, the following shall be exempt | |||||||||||||||||||||||||||||
9 | from inspection and copying: | |||||||||||||||||||||||||||||
10 | (a) All information determined to be confidential | |||||||||||||||||||||||||||||
11 | under Section 4002 of the Technology Advancement and | |||||||||||||||||||||||||||||
12 | Development Act. | |||||||||||||||||||||||||||||
13 | (b) Library circulation and order records identifying | |||||||||||||||||||||||||||||
14 | library users with specific materials under the Library | |||||||||||||||||||||||||||||
15 | Records Confidentiality Act. | |||||||||||||||||||||||||||||
16 | (c) Applications, related documents, and medical | |||||||||||||||||||||||||||||
17 | records received by the Experimental Organ Transplantation | |||||||||||||||||||||||||||||
18 | Procedures Board and any and all documents or other records | |||||||||||||||||||||||||||||
19 | prepared by the Experimental Organ Transplantation | |||||||||||||||||||||||||||||
20 | Procedures Board or its staff relating to applications it | |||||||||||||||||||||||||||||
21 | has received. | |||||||||||||||||||||||||||||
22 | (d) Information and records held by the Department of | |||||||||||||||||||||||||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under | ||||||
22 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by wireless | ||||||
25 | carriers under the Wireless Emergency Telephone Safety | ||||||
26 | Act. |
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1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death | ||||||
7 | review team or the Executive Council under the Abuse | ||||||
8 | Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
16 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
17 | until the conclusion of the trial of the case, even if the | ||||||
18 | prosecution chooses not to pursue the death penalty prior | ||||||
19 | to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Regional Transportation Authority under Section 2.11 of |
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1 | the Regional Transportation Authority Act or the St. Clair | ||||||
2 | County Transit District under the Bi-State Transit Safety | ||||||
3 | Act. | ||||||
4 | (q) Information prohibited from being disclosed by the | ||||||
5 | Personnel Records Review Act. | ||||||
6 | (r) Information prohibited from being disclosed by the | ||||||
7 | Illinois School Student Records Act. | ||||||
8 | (s) Information the disclosure of which is restricted | ||||||
9 | under Section 5-108 of the Public Utilities Act.
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10 | (t) All identified or deidentified health information | ||||||
11 | in the form of health data or medical records contained in, | ||||||
12 | stored in, submitted to, transferred by, or released from | ||||||
13 | the Illinois Health Information Exchange, and identified | ||||||
14 | or deidentified health information in the form of health | ||||||
15 | data and medical records of the Illinois Health Information | ||||||
16 | Exchange in the possession of the Illinois Health | ||||||
17 | Information Exchange Authority due to its administration | ||||||
18 | of the Illinois Health Information Exchange. The terms | ||||||
19 | "identified" and "deidentified" shall be given the same | ||||||
20 | meaning as in the Health Insurance Portability and | ||||||
21 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
22 | subsequent amendments thereto, and any regulations | ||||||
23 | promulgated thereunder. | ||||||
24 | (u) Records and information provided to an independent | ||||||
25 | team of experts under Brian's Law. | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
7 | Licensing Review Board under the Firearm Concealed Carry | ||||||
8 | Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of an | ||||||
22 | eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
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1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) (dd) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (ff) Records that are exempt from disclosure under | ||||||
15 | Section 1A-16.7 of the Election Code. | ||||||
16 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
17 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
18 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
19 | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||||||
20 | 8-19-16; revised 9-1-16.) | ||||||
21 | Section 10. The Election Code is amended by changing | ||||||
22 | Section 1A-16.6 and by adding Sections 1-16, 1A-16.1, 1A-16.2, | ||||||
23 | and 1A-16.7 as follows: | ||||||
24 | (10 ILCS 5/1-16 new) |
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1 | Sec. 1-16. Election authorities; notices by electronic | ||||||
2 | mail. If an election authority is required by law to send an | ||||||
3 | election-related notice to an individual, that election | ||||||
4 | authority may send that notice solely by electronic mail if the | ||||||
5 | individual provides a current e-mail address to the election | ||||||
6 | authority and authorizes the election authority to send notices | ||||||
7 | by electronic mail. For the purposes of this Section, the term | ||||||
8 | "notice" does not include a ballot. | ||||||
9 | (10 ILCS 5/1A-16.1 new) | ||||||
10 | Sec. 1A-16.1. Automatic voter registration; Secretary of | ||||||
11 | State. | ||||||
12 | (a) The Office of the Secretary of State and the State | ||||||
13 | Board of Elections, pursuant to an interagency contract and | ||||||
14 | jointly-adopted rules, shall establish an automatic voter | ||||||
15 | registration program that satisfies the requirements of this | ||||||
16 | Section and other applicable law. | ||||||
17 | (b) An application for a driver's license, other than a | ||||||
18 | temporary visitor's driver's license, or a State | ||||||
19 | identification card issued by the Office of the Secretary of | ||||||
20 | State shall: | ||||||
21 | (1) also serve as an application to register to vote in | ||||||
22 | Illinois; | ||||||
23 | (2) allow an applicant to change his or her registered | ||||||
24 | residence address; | ||||||
25 | (3) clearly and conspicuously inform the applicant in |
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1 | writing (i) of the qualifications to register to vote in | ||||||
2 | Illinois, (ii) of the penalties provided by law for | ||||||
3 | submission of a false voter registration application, | ||||||
4 | (iii) that the application is also an application to | ||||||
5 | register to vote in Illinois, (iv) that, unless he or she | ||||||
6 | declines to register to vote or to change his or her | ||||||
7 | registered residence address, the applicant's personal | ||||||
8 | information will be transmitted to the State Board of | ||||||
9 | Elections for the purpose of registering the person to vote | ||||||
10 | at the residence address to be indicated on his or her | ||||||
11 | driver's license or identification card, and (v) that | ||||||
12 | declining to register to vote is confidential and will not | ||||||
13 | affect any services the person may be seeking from the | ||||||
14 | Office of the Secretary of State; | ||||||
15 | (4) provide the applicant with an opportunity to | ||||||
16 | affirmatively decline to register to vote or to change his | ||||||
17 | or her registered residence address without requiring the | ||||||
18 | applicant to state the reason; and | ||||||
19 | (5) unless the applicant declines to register to vote | ||||||
20 | or change his or her registered residence address, require | ||||||
21 | the applicant to attest, by signature under penalty of | ||||||
22 | perjury, to meeting the qualifications to register to vote | ||||||
23 | in Illinois at his or her residence address as indicated on | ||||||
24 | his or her driver's license or identification card | ||||||
25 | application. | ||||||
26 | (c) The Office of the Secretary of State shall inform each |
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1 | applicant for a driver's license, other than a temporary | ||||||
2 | visitor's driver's license, or a State identification card | ||||||
3 | issued by the Office of the Secretary of State whether the | ||||||
4 | applicant is currently registered to vote in Illinois and, if | ||||||
5 | registered, at what address. | ||||||
6 | (d) The Office of the Secretary of State shall not require | ||||||
7 | an applicant for a driver's license or State identification | ||||||
8 | card to provide duplicate identification or information in | ||||||
9 | order to complete an application to register to vote or change | ||||||
10 | his or her registered residence address. Before transmitting | ||||||
11 | any personal information about an applicant to the State Board | ||||||
12 | of Elections, the Office of the Secretary of State shall review | ||||||
13 | its records regarding the applicant, including identification | ||||||
14 | documents that may have been provided in order to complete the | ||||||
15 | application for a driver's license or State identification | ||||||
16 | card, to confirm that the Office of the Secretary of State is | ||||||
17 | not in possession of any information that indicates that the | ||||||
18 | applicant does not satisfy the qualifications to register to | ||||||
19 | vote in Illinois at his or her residence address. A completed, | ||||||
20 | signed application for a driver's license or permit, other than | ||||||
21 | a temporary visitor's driver's license, shall constitute an | ||||||
22 | application to register to vote in Illinois at the residence | ||||||
23 | address indicated in the application unless (i) the person | ||||||
24 | affirmatively declined in the application to register to vote | ||||||
25 | or to change his or her registered residence address or (ii) | ||||||
26 | the records of the Office of the Secretary of State regarding |
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1 | the applicant indicate that he or she does not satisfy the | ||||||
2 | qualifications to register to vote in Illinois at his or her | ||||||
3 | residence address. | ||||||
4 | (e) For each completed and signed application that | ||||||
5 | constitutes an application to register to vote in Illinois or | ||||||
6 | provides for a change in the applicant's registered residence | ||||||
7 | address, the Office of the Secretary of State shall | ||||||
8 | electronically transmit to the State Board of Elections | ||||||
9 | personal information needed to complete the person's | ||||||
10 | registration to vote in Illinois at his or her residence | ||||||
11 | address. The application to register to vote shall be processed | ||||||
12 | in accordance with Section 1A-16.7. | ||||||
13 | (10 ILCS 5/1A-16.2 new) | ||||||
14 | Sec. 1A-16.2. Automatic voter registration; designated | ||||||
15 | automatic voter registration agencies. | ||||||
16 | (a) Each designated automatic voter registration agency | ||||||
17 | may, pursuant to an interagency contract and jointly-adopted | ||||||
18 | rules with the State Board of Elections, agree to participate | ||||||
19 | in an automatic voter registration program established by the | ||||||
20 | State Board of Elections that satisfies the requirements of | ||||||
21 | this Section and other applicable law. | ||||||
22 | (b) As provided in subsection (a), each designated | ||||||
23 | automatic voter registration agency may provide that an | ||||||
24 | application for a license, permit, program, or service offered | ||||||
25 | by that agency shall serve as dual-purpose application. The |
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1 | dual-purpose application shall: | ||||||
2 | (1) also serve as an application to register to vote in | ||||||
3 | Illinois; | ||||||
4 | (2) allow an applicant to change his or her registered | ||||||
5 | residence address; | ||||||
6 | (3) clearly and conspicuously inform the applicant in | ||||||
7 | writing (i) of the qualifications to register to vote in | ||||||
8 | Illinois, (ii) of the penalties provided by law for | ||||||
9 | submission of a false voter registration application, | ||||||
10 | (iii) that the dual-purpose application is also an | ||||||
11 | application to register to vote in Illinois, (iv) that, | ||||||
12 | unless he or she declines to register to vote or to change | ||||||
13 | his or her registered residence address, the applicant's | ||||||
14 | personal information will be transmitted to the State Board | ||||||
15 | of Elections for the purpose of registering the person to | ||||||
16 | vote at the residence address to be indicated on the | ||||||
17 | dual-purpose application, and (v) that declining to | ||||||
18 | register to vote is confidential and will not affect any | ||||||
19 | services the person may be seeking from the agency; | ||||||
20 | (4) provide the applicant with an opportunity to | ||||||
21 | affirmatively decline to register to vote or change his or | ||||||
22 | her registered residence address without requiring the | ||||||
23 | applicant to state the reason; and | ||||||
24 | (5) unless the applicant declines to register to vote | ||||||
25 | or to change his or her registered residence address, | ||||||
26 | require the applicant to attest, by signature under penalty |
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1 | of perjury, to meeting the qualifications to register to | ||||||
2 | vote in Illinois at his or her residence address as | ||||||
3 | indicated on his or her dual-purpose application. | ||||||
4 | (c) The designated automatic voter registration agency | ||||||
5 | shall inform each applicant whether the applicant is currently | ||||||
6 | registered to vote in Illinois and, if registered, at what | ||||||
7 | address. | ||||||
8 | (d) The designated automatic voter registration agency | ||||||
9 | shall not require an applicant for a dual-purpose application | ||||||
10 | to provide duplicate identification or information in order to | ||||||
11 | complete an application to register to vote or change his or | ||||||
12 | her registered residence address. Before transmitting any | ||||||
13 | personal information about an applicant to the State Board of | ||||||
14 | Elections, the agency shall review its records regarding the | ||||||
15 | applicant, including identification documents that may have | ||||||
16 | been provided in order to complete the dual-purpose | ||||||
17 | application, to confirm that the agency is not in possession of | ||||||
18 | any information that indicates that the applicant does not | ||||||
19 | satisfy the qualifications to register to vote in Illinois at | ||||||
20 | his or her residence address. A completed and signed | ||||||
21 | dual-purpose application shall constitute an application to | ||||||
22 | register to vote in Illinois at the residence address indicated | ||||||
23 | in the application unless (i) the person affirmatively declined | ||||||
24 | in the application to register to vote or to change his or her | ||||||
25 | registered residence address or (ii) the agency's records | ||||||
26 | regarding the applicant indicate that he or she does not |
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1 | satisfy the qualifications to register to vote in Illinois at | ||||||
2 | his or her residence address. | ||||||
3 | (e) For each completed and signed dual-purpose application | ||||||
4 | that constitutes an application to register to vote in Illinois | ||||||
5 | or provides for a change in the applicant's registered | ||||||
6 | residence address, the designated automatic voter registration | ||||||
7 | agency shall electronically transmit to the State Board of | ||||||
8 | Elections personal information needed to complete the person's | ||||||
9 | registration to vote in Illinois at his or her residence | ||||||
10 | address. The application to register to vote shall be processed | ||||||
11 | in accordance with Section 1A-16.7. | ||||||
12 | (f) As used in this Section: | ||||||
13 | "Designated automatic voter registration agency" or | ||||||
14 | "agency" means an agency of the State or federal government | ||||||
15 | that has been determined by the State Board of Elections to | ||||||
16 | have access to reliable personal information and has | ||||||
17 | entered into an interagency contract with the State Board | ||||||
18 | of Elections to participate in the automatic voter | ||||||
19 | registration program under this Section. | ||||||
20 | "Dual-purpose application" means an application for a | ||||||
21 | license, permit, program, or service offered by a | ||||||
22 | designated automatic voter registration agency that also | ||||||
23 | serves as an application to register to vote in Illinois. | ||||||
24 | (10 ILCS 5/1A-16.6) | ||||||
25 | Sec. 1A-16.6. Government agency voter registration. |
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1 | (a) By April 1, 2016, the State Board of Elections shall | ||||||
2 | establish and maintain a portal for government agency | ||||||
3 | registration that permits an eligible person to electronically | ||||||
4 | apply to register to vote or to update his or her existing | ||||||
5 | voter registration whenever he or she conducts business, either | ||||||
6 | online or in person, with a designated government agency. The | ||||||
7 | portal shall interface with the online voter registration | ||||||
8 | system established in Section 1A-16.5 of this Code and shall be | ||||||
9 | capable of receiving and processing voter registration | ||||||
10 | application information, including electronic signatures, from | ||||||
11 | a designated government agency. The State Board of Elections | ||||||
12 | shall modify the online voter registration system as necessary | ||||||
13 | to implement this Section. | ||||||
14 | Voter registration data received from a designated | ||||||
15 | government agency through the online registration system shall | ||||||
16 | be processed as provided for in Section 1A-16.5 of this Code. | ||||||
17 | Whenever the registration interface is accessible to the | ||||||
18 | general public, including, but not limited to, online | ||||||
19 | transactions, the interface shall allow the applicant to | ||||||
20 | complete the process as provided for in Section 1A-16.5 of this | ||||||
21 | Code. The online interface shall be capable of providing the | ||||||
22 | applicant with the applicant's voter registration status with | ||||||
23 | the State Board of Elections and, if registered, the | ||||||
24 | applicant's current registration address. The applicant shall | ||||||
25 | not be required to re-enter any registration data, such as | ||||||
26 | name, address, and birth date, if the designated government |
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1 | agency already has that information on file. The applicant | ||||||
2 | shall be informed that by choosing to register to vote or to | ||||||
3 | update his or her existing voter registration, the applicant | ||||||
4 | consents to the transfer of the applicant's personal | ||||||
5 | information to the State Board of Elections. | ||||||
6 | Whenever a government employee is accessing the | ||||||
7 | registration system while servicing the applicant, the | ||||||
8 | government employee shall notify the applicant of the | ||||||
9 | applicant's registration status with the State Board of | ||||||
10 | Elections and, if registered, the applicant's current | ||||||
11 | registration address. If the applicant elects to register to | ||||||
12 | vote or to update his or her existing voter registration, the | ||||||
13 | government employee shall collect the needed information and | ||||||
14 | assist the applicant with his or her registration. The | ||||||
15 | applicant shall be informed that by choosing to register to | ||||||
16 | vote or to update his or her existing voter registration, the | ||||||
17 | applicant consents to the transfer of the applicant's personal | ||||||
18 | information to the State Board of Elections. | ||||||
19 | In accordance with technical specifications provided by | ||||||
20 | the State Board of Elections, each designated government agency | ||||||
21 | shall maintain a data transfer mechanism capable of | ||||||
22 | transmitting voter registration application information, | ||||||
23 | including electronic signatures where available, to the online | ||||||
24 | voter registration system established in Section 1A-16.5 of | ||||||
25 | this Code. Each designated government agency shall establish | ||||||
26 | and operate a voter registration system capable of transmitting |
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1 | voter registration application information to the portal as | ||||||
2 | described in this Section by July 1, 2016. | ||||||
3 | (b) Whenever an applicant's data is transferred from a | ||||||
4 | designated government agency, the agency must transmit a | ||||||
5 | signature image if available. If no signature image was | ||||||
6 | provided by the agency or if no signature image is available in | ||||||
7 | the Secretary of State's database or the statewide voter | ||||||
8 | registration database, the applicant must be notified that | ||||||
9 | their registration will remain in a pending status and the | ||||||
10 | applicant will be required to provide identification and a | ||||||
11 | signature to the election authority on Election Day in the | ||||||
12 | polling place or during early voting. | ||||||
13 | (c) The State Board of Elections shall track registration | ||||||
14 | data received through the online registration system that | ||||||
15 | originated from a designated government agency for the purposes | ||||||
16 | of maintaining statistics required by the federal National | ||||||
17 | Voter Registration Act of 1993, as amended. | ||||||
18 | (d) The State Board of Elections shall submit a report to | ||||||
19 | the General Assembly and the Governor by December 1, 2015 | ||||||
20 | detailing the progress made to implement the government agency | ||||||
21 | voter registration portal described in this Section. | ||||||
22 | (e) The Board shall adopt rules, in consultation with the | ||||||
23 | impacted agencies. | ||||||
24 | (f) As used in this Section, a "designated government | ||||||
25 | agency" means the Secretary of State's Driver Services and | ||||||
26 | Vehicle Services Departments, the Department of Human |
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1 | Services, the Department of Healthcare and Family Services, the | ||||||
2 | Department of Employment Security, and the Department on Aging ; | ||||||
3 | however, if the designated government agency becomes a | ||||||
4 | designated automatic voter registration agency under Section | ||||||
5 | 1A-16.1 or Section 1A-16.2, that agency shall cease to be a | ||||||
6 | designated government agency under this Section .
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7 | (Source: P.A. 98-1171, eff. 6-1-15 .) | ||||||
8 | (10 ILCS 5/1A-16.7 new) | ||||||
9 | Sec. 1A-16.7. Automatic voter registration. | ||||||
10 | (a) The State Board of Elections shall establish and | ||||||
11 | maintain a portal for automatic government agency voter | ||||||
12 | registration that permits an eligible person to electronically | ||||||
13 | apply to register to vote or to update his or her existing | ||||||
14 | voter registration as provided in Section 1A-16.1 or Section | ||||||
15 | 1A-16.2. The portal shall interface with the online voter | ||||||
16 | registration system established in Section 1A-16.5 of this Code | ||||||
17 | and shall be capable of receiving and processing voter | ||||||
18 | registration application information, including electronic | ||||||
19 | signatures, from the Office of the Secretary of State and each | ||||||
20 | designated automatic voter registration agency, as defined in | ||||||
21 | Section 1A-16.2. The State Board of Elections shall modify the | ||||||
22 | online voter registration system as necessary to implement this | ||||||
23 | Section. | ||||||
24 | (b) Voter registration data received from the Office of the | ||||||
25 | Secretary of State or a designated automatic voter registration |
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1 | agency through the online registration application system | ||||||
2 | shall be processed as provided in Section 1A-16.5 of this Code. | ||||||
3 | (c) The State Board of Elections shall establish technical | ||||||
4 | specifications applicable to each automatic government | ||||||
5 | registration program. The Office of the Secretary of State and | ||||||
6 | each designated automatic voter registration agency shall | ||||||
7 | maintain a data transfer mechanism capable of transmitting | ||||||
8 | voter registration application information, including | ||||||
9 | electronic signatures where available, to the online voter | ||||||
10 | registration system established in Section 1A-16.5 of this | ||||||
11 | Code. | ||||||
12 | (d) The State Board of Elections shall, by rule, establish | ||||||
13 | criteria and procedures for determining whether an agency of | ||||||
14 | the State or federal government seeking to become a designated | ||||||
15 | automatic voter registration agency has access to reliable | ||||||
16 | personal information and otherwise meets the requirements to | ||||||
17 | enter into an interagency contract and to operate as a | ||||||
18 | designated automatic voter registration agency. "Reliable | ||||||
19 | personal information" means information about individuals | ||||||
20 | obtained from government sources that may be used to verify | ||||||
21 | whether an individual is eligible to register to vote. The | ||||||
22 | State Board of Elections shall approve each interagency | ||||||
23 | contract upon affirmative vote of a majority of its members. | ||||||
24 | (e) Whenever an applicant's data is transferred from the | ||||||
25 | Office of the Secretary of State or a designated automatic | ||||||
26 | voter registration agency, the agency must transmit a signature |
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1 | image if available. If no signature image was provided by the | ||||||
2 | agency, or if no signature image is available in the Office of | ||||||
3 | the Secretary of State's database or the statewide voter | ||||||
4 | registration database, the applicant must be notified that his | ||||||
5 | or her registration will remain in a pending status, and the | ||||||
6 | applicant will be required to provide identification that | ||||||
7 | complies with the federal Help America Vote Act of 2002 and a | ||||||
8 | signature to the election authority on election day in the | ||||||
9 | polling place or during early voting. | ||||||
10 | (f) Upon receipt of personal information collected and | ||||||
11 | transferred by the Office of the Secretary of State or a | ||||||
12 | designated automatic voter registration agency, the State | ||||||
13 | Board of Elections shall check the information against the | ||||||
14 | statewide voter registration database. The State Board of | ||||||
15 | Elections shall create and electronically transmit to the | ||||||
16 | appropriate election authority a voter registration | ||||||
17 | application for any individual who is not registered to vote in | ||||||
18 | Illinois and is not disqualified as provided in this Section or | ||||||
19 | whose information reliably indicates a more recent update to | ||||||
20 | the name or address of a person already included in the | ||||||
21 | statewide voter database. The election authority shall process | ||||||
22 | the application accordingly. | ||||||
23 | (g) The appropriate election authority shall ensure that | ||||||
24 | any applicant who is registered to vote or whose existing voter | ||||||
25 | registration is updated under this Section is promptly sent | ||||||
26 | written notice of the change. The notice may be sent by |
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1 | electronic mail if the applicant has provided an electronic | ||||||
2 | mail address on the voter registration form. The notice | ||||||
3 | required by this subsection may be sent or combined with other | ||||||
4 | notices required or permitted by law, including, but not | ||||||
5 | limited to, any notices sent pursuant to Section 1A-16.5 of | ||||||
6 | this Code. Any notice required by this subsection shall | ||||||
7 | contain, at a minimum: (i) the applicant's name, date of birth, | ||||||
8 | and residential address as reflected on the voter registration | ||||||
9 | list; (ii) a statement notifying the applicant to contact the | ||||||
10 | appropriate election authority if his or her voter registration | ||||||
11 | has been updated in error; (iii) a statement notifying the | ||||||
12 | applicant that he or she may opt out of voter registration or | ||||||
13 | request a change to his or her registration information at any | ||||||
14 | time by contacting an election official; and (iv) contact | ||||||
15 | information for the appropriate election authority, including | ||||||
16 | a phone number, address, electronic mail address, and website | ||||||
17 | address. | ||||||
18 | (h) The appropriate election authority shall ensure that | ||||||
19 | any applicant whose voter registration application is not | ||||||
20 | accepted or deemed incomplete is promptly sent written notice | ||||||
21 | of the application's status. The notice may be sent by | ||||||
22 | electronic mail if the applicant has provided an electronic | ||||||
23 | mail address on the voter registration form. The notice | ||||||
24 | required by this subsection may be sent or combined with other | ||||||
25 | notices required or permitted by law, including, but not | ||||||
26 | limited to, any notices sent pursuant to Section 1A-16.5 of |
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1 | this Code. Any notice required by this subsection shall | ||||||
2 | contain, at a minimum, the reason the application was not | ||||||
3 | accepted or deemed incomplete and contact information for the | ||||||
4 | appropriate election authority, including a phone number, | ||||||
5 | address, electronic mail address, and website address. | ||||||
6 | (i) If the State Board of Elections or a local election | ||||||
7 | authority determines that personal information collected and | ||||||
8 | transferred by the Office of the Secretary of State or a | ||||||
9 | designated automatic voter registration agency of an | ||||||
10 | individual who attested to his or her eligibility to register | ||||||
11 | to vote includes a green card or other legal proof that the | ||||||
12 | person is not a United States citizen or is not otherwise | ||||||
13 | eligible to register to vote, then the State Board of Elections | ||||||
14 | shall not create a voter registration application and shall | ||||||
15 | notify the person of the reason his or her voter registration | ||||||
16 | application is incomplete. | ||||||
17 | (j) If the Office of the Secretary of State or a designated | ||||||
18 | automatic voter registration agency transfers information, or | ||||||
19 | if the State Board of Elections creates and transmits a voter | ||||||
20 | registration application, for a person who does not qualify as | ||||||
21 | an eligible voter, then it shall not constitute a completed | ||||||
22 | voter registration form, and the person shall not be considered | ||||||
23 | to have registered to vote. | ||||||
24 | (k) If the registration is processed by any election | ||||||
25 | authority, then it shall be presumed to have been effected and | ||||||
26 | officially authorized by the State, and that person shall not |
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1 | be found on that basis to have made a false claim to | ||||||
2 | citizenship or to have committed an act of moral turpitude, nor | ||||||
3 | shall that person be subject to penalty under any relevant | ||||||
4 | laws, including, but not limited to, Sections 29-10 and 29-19 | ||||||
5 | of this Code. This subsection does not apply to a person who | ||||||
6 | knows that he or she is not entitled to register to vote and | ||||||
7 | who willfully votes, registers to vote, or attests under | ||||||
8 | penalty of perjury that he or she is eligible to register to | ||||||
9 | vote or willfully attempts to vote or to register to vote. | ||||||
10 | (l) The State Board of Elections, the Office of the | ||||||
11 | Secretary of State, and each designated automatic voter | ||||||
12 | registration agency shall implement policies and procedures to | ||||||
13 | protect the privacy and security of voter information as it is | ||||||
14 | acquired, stored, and transmitted among agencies, including | ||||||
15 | policies for the retention and preservation of voter | ||||||
16 | information. Information designated as confidential under this | ||||||
17 | Section may be recorded and shared among the State Board of | ||||||
18 | Elections, election authorities, the Office of the Secretary of | ||||||
19 | State, and designated automatic voter registration agencies, | ||||||
20 | but shall be used only for voter registration purposes, shall | ||||||
21 | not be disclosed to the public except in the aggregate as | ||||||
22 | required by subsection (n) of this Section, and shall not be | ||||||
23 | subject to the Freedom of Information Act. The following | ||||||
24 | information shall be designated as confidential: | ||||||
25 | (1) any portion of an applicant's Social Security | ||||||
26 | number; |
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1 | (2) any portion of an applicant's driver's license | ||||||
2 | number or State identification number; | ||||||
3 | (3) an applicant's decision to decline voter | ||||||
4 | registration; | ||||||
5 | (4) the identity of the person providing information | ||||||
6 | relating to a specific applicant; and | ||||||
7 | (5) the personal residence and contact information of | ||||||
8 | any applicant for whom local, State, or federal law | ||||||
9 | requires confidentiality, including, but not limited to, a | ||||||
10 | victim of domestic violence pursuant to the Address | ||||||
11 | Confidentiality for Victims of Domestic Violence Act or a | ||||||
12 | victim of stalking pursuant to the Stalking No Contact | ||||||
13 | Order Act. | ||||||
14 | This subsection (l) shall not apply to information the | ||||||
15 | State Board of Elections is required to share with the | ||||||
16 | Electronic Registration Information Center. | ||||||
17 | (m) The voter registration procedures implemented under | ||||||
18 | this Section shall comport with the federal National Voter | ||||||
19 | Registration Act of 1993, as amended, and shall specifically | ||||||
20 | require that the State Board of Elections track registration | ||||||
21 | data received through the online registration system that | ||||||
22 | originated from a designated automatic voter registration | ||||||
23 | agency for the purposes of maintaining statistics. | ||||||
24 | (n) The State Board of Elections, each election authority | ||||||
25 | that maintains a website, the Office of the Secretary of State, | ||||||
26 | and each designated automatic voter registration agency that |
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| |||||||
1 | maintains a website shall provide information on their websites | ||||||
2 | informing the public about the new registration procedures | ||||||
3 | described in this Section. The Office of the Secretary of State | ||||||
4 | and each designated automatic voter registration agency shall | ||||||
5 | display signage or provide literature for the public containing | ||||||
6 | information about the new registration procedures described in | ||||||
7 | this Section. | ||||||
8 | (o) No later than July 1, 2018, the State Board of | ||||||
9 | Elections shall hold at least one public hearing on | ||||||
10 | implementing this amendatory Act of the 100th General Assembly | ||||||
11 | at which the public may provide input. | ||||||
12 | (p) The State Board of Elections shall submit an annual | ||||||
13 | public report to the General Assembly and the Governor | ||||||
14 | detailing the progress made to implement this Section. The | ||||||
15 | report shall include all of the following: the number of | ||||||
16 | records transferred under this Section by agency, the number of | ||||||
17 | voters newly added to the statewide voter registration list | ||||||
18 | because of records transferred under this Section by agency, | ||||||
19 | the number of updated registrations under this Section by | ||||||
20 | agency, the number of persons who opted out of voter | ||||||
21 | registration, and the number of voters who submitted voter | ||||||
22 | registration forms using the online procedure described in | ||||||
23 | Section 1A-16.5 of this Code. Any report produced under this | ||||||
24 | subsection shall exclude any information that identifies any | ||||||
25 | individual personally. | ||||||
26 | (q) The State Board of Elections, in consultation with |
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| |||||||
1 | election authorities, the Office of the Secretary of State, | ||||||
2 | designated automatic voter registration agencies, and | ||||||
3 | community organizations, shall adopt rules as necessary to | ||||||
4 | implement the provisions of this Section.
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
|