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1 | AN ACT concerning elections.
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2 | WHEREAS, The Office of the Secretary of State has | |||||||||||||||||||||||||||||||||||
3 | determined that from July 2, 2018 through December 13, 2019 its | |||||||||||||||||||||||||||||||||||
4 | system allowed for 574, individuals identified as non-citizens | |||||||||||||||||||||||||||||||||||
5 | to have their information sent to the State Board of Elections; | |||||||||||||||||||||||||||||||||||
6 | and | |||||||||||||||||||||||||||||||||||
7 | WHEREAS, Those individuals were added to the State's voter | |||||||||||||||||||||||||||||||||||
8 | rolls;
it was later determined by the State Board of Elections | |||||||||||||||||||||||||||||||||||
9 | that at least 15 of those 547 individuals voted in the 2018 | |||||||||||||||||||||||||||||||||||
10 | general election; at least one of those 15 was a non-citizen; | |||||||||||||||||||||||||||||||||||
11 | and | |||||||||||||||||||||||||||||||||||
12 | WHEREAS, This grave error calls into question the integrity | |||||||||||||||||||||||||||||||||||
13 | of the automatic voter registration system; and | |||||||||||||||||||||||||||||||||||
14 | WHEREAS, The General Assembly finds there is a need to | |||||||||||||||||||||||||||||||||||
15 | conduct a comprehensive examination of the automatic voter | |||||||||||||||||||||||||||||||||||
16 | registration system; therefore | |||||||||||||||||||||||||||||||||||
17 | Be it enacted by the People of the State of Illinois,
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18 | represented in the General Assembly:
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19 | Section 10. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||
20 | Sections 1A-16.1, 1A-16.2, 1A-16.5, 1A-16.6, 1A-16.7, 1A-16.8, |
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1 | 1A-16.9, and 1A-45 and by adding Section 1A-60 as follows: | ||||||
2 | (10 ILCS 5/1A-16.1) | ||||||
3 | Sec. 1A-16.1. Automatic voter registration; Secretary of | ||||||
4 | State. | ||||||
5 | (a) The Office of the Secretary of State and the State | ||||||
6 | Board of Elections, pursuant to an interagency contract and | ||||||
7 | jointly-adopted rules, shall establish an automatic voter | ||||||
8 | registration program that satisfies the requirements of this | ||||||
9 | Section and other applicable law. | ||||||
10 | (b) If an application, an application for renewal, a change | ||||||
11 | of address form, or a recertification form for a driver's | ||||||
12 | license, other than a temporary visitor's driver's license, or | ||||||
13 | a State identification card issued by the Office of the | ||||||
14 | Secretary of State meets the requirements of the federal REAL | ||||||
15 | ID Act of 2005, then that application shall serve as a | ||||||
16 | dual-purpose application. The dual-purpose application shall: | ||||||
17 | (1) also serve as an application to register to vote in | ||||||
18 | Illinois; | ||||||
19 | (2) allow an applicant to change his or her registered | ||||||
20 | residence address or name as it appears on the voter | ||||||
21 | registration rolls; | ||||||
22 | (3) provide the applicant with an opportunity to | ||||||
23 | affirmatively decline to register to vote or to change his | ||||||
24 | or her registered residence address or name by providing a | ||||||
25 | check box on the application form without requiring the |
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1 | applicant to state the reason; and | ||||||
2 | (4) unless the applicant declines to register to vote | ||||||
3 | or change his or her registered residence address or name, | ||||||
4 | require the applicant to attest, by signature under penalty | ||||||
5 | of perjury as described in subsection (e) of this Section, | ||||||
6 | to meeting the qualifications to register to vote in | ||||||
7 | Illinois at his or her residence address as indicated on | ||||||
8 | his or her driver's license or identification card | ||||||
9 | dual-purpose application. | ||||||
10 | (b-5) If an application, an application for renewal, a | ||||||
11 | change of address form, or a recertification form for a | ||||||
12 | driver's license, other than a temporary visitor's driver's | ||||||
13 | license, or a State identification card issued by the Office of | ||||||
14 | the Secretary of State does not meet the requirements of the | ||||||
15 | federal REAL ID Act of 2005, then that application shall serve | ||||||
16 | as a dual-purpose application. The dual-purpose application | ||||||
17 | shall: | ||||||
18 | (1) also serve as an application to register to vote in | ||||||
19 | Illinois; | ||||||
20 | (2) allow an applicant to change his or her registered | ||||||
21 | residence address or name as it appears on the voter | ||||||
22 | registration rolls; and | ||||||
23 | (3) if the applicant chooses to register to vote or to | ||||||
24 | change his or her registered residence address or name, | ||||||
25 | then require the applicant to attest, by a separate | ||||||
26 | signature under penalty of perjury, to meeting the |
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1 | qualifications to register to vote in Illinois at his or | ||||||
2 | her residence address as indicated on his or her | ||||||
3 | dual-purpose application. | ||||||
4 | (b-10) The Office of the Secretary of State shall clearly | ||||||
5 | and conspicuously inform each applicant in writing: (i) of the | ||||||
6 | qualifications to register to vote in Illinois, (ii) of the | ||||||
7 | penalties provided by law for submission of a false voter | ||||||
8 | registration application, (iii) that, unless the applicant | ||||||
9 | declines to register to vote or update his or her voter | ||||||
10 | registration, his or her dual-purpose application shall also | ||||||
11 | serve as both an application to register to vote and his or her | ||||||
12 | attestation that he or she meets the eligibility requirements | ||||||
13 | for voter registration, and that his or her application to | ||||||
14 | register to vote or update his or her registration will be | ||||||
15 | transmitted to the State Board of Elections for the purpose of | ||||||
16 | registering the person to vote at the residence address to be | ||||||
17 | indicated on his or her driver's license or identification | ||||||
18 | card, and (iv) that declining to register to vote is | ||||||
19 | confidential and will not affect any services the person may be | ||||||
20 | seeking from the Office of the Secretary of State. | ||||||
21 | (c) The Office of the Secretary of State shall review | ||||||
22 | information provided to the Office of the Secretary of State by | ||||||
23 | the State Board of Elections to inform each applicant for a | ||||||
24 | driver's license or permit, other than a temporary visitor's | ||||||
25 | driver's license, or a State identification card issued by the | ||||||
26 | Office of the Secretary of State whether the applicant is |
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1 | currently registered to vote in Illinois and, if registered, at | ||||||
2 | what address. | ||||||
3 | (d) The Office of the Secretary of State shall not require | ||||||
4 | an applicant for a driver's license or State identification | ||||||
5 | card to provide duplicate identification or information in | ||||||
6 | order to complete an application to register to vote or change | ||||||
7 | his or her registered residence address or name. Before | ||||||
8 | transmitting any personal information about an applicant to the | ||||||
9 | State Board of Elections, the Office of the Secretary of State | ||||||
10 | shall review its records of the identification documents the | ||||||
11 | applicant provided in order to complete the application for a | ||||||
12 | driver's license or State identification card, to confirm that | ||||||
13 | nothing in those documents indicates that the applicant does | ||||||
14 | not satisfy the qualifications to register to vote in Illinois | ||||||
15 | at his or her residence address. | ||||||
16 | (e) A completed, signed application for (i) a driver's | ||||||
17 | license or permit, other than a temporary visitor's driver's | ||||||
18 | license, or a State identification card issued by the Office of | ||||||
19 | the Secretary of State, that meets the requirements of the | ||||||
20 | federal REAL ID Act of 2005; or (ii) a completed application | ||||||
21 | under subsection (b-5) of this Section with a separate | ||||||
22 | signature attesting the applicant meets the qualifications to | ||||||
23 | register to vote in Illinois at his or her residence address as | ||||||
24 | indicated on his or her application shall constitute a signed | ||||||
25 | application to register to vote in Illinois at the residence | ||||||
26 | address indicated in the application unless the person |
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1 | affirmatively declined in the application to register to vote | ||||||
2 | or to change his or her registered residence address or name. | ||||||
3 | If the identification documents provided to complete the | ||||||
4 | dual-purpose application indicate that he or she does not | ||||||
5 | satisfy the qualifications to register to vote in Illinois at | ||||||
6 | his or her residence address, the application shall be marked | ||||||
7 | as incomplete. | ||||||
8 | (f) For each completed and signed application that | ||||||
9 | constitutes an application to register to vote in Illinois or | ||||||
10 | provides for a change in the applicant's registered residence | ||||||
11 | address or name, the Office of the Secretary of State shall | ||||||
12 | electronically transmit to the State Board of Elections | ||||||
13 | personal information needed to complete the person's | ||||||
14 | registration to vote in Illinois at his or her residence | ||||||
15 | address. The application to register to vote shall be processed | ||||||
16 | in accordance with Section 1A-16.7. | ||||||
17 | (g) If the federal REAL ID Act of 2005 is repealed, | ||||||
18 | abrogated, superseded, or otherwise no longer in effect, then | ||||||
19 | the State Board of Elections shall establish criteria for | ||||||
20 | determining reliable personal information indicating | ||||||
21 | citizenship status and shall adopt rules as necessary for the | ||||||
22 | Secretary of State to continue processing dual-purpose | ||||||
23 | applications under this Section. | ||||||
24 | (h) As used in this Section, "dual-purpose application" | ||||||
25 | means an application, an application for renewal, a change of | ||||||
26 | address form, or a recertification form for driver's license or |
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1 | permit, other than a temporary visitor's driver's license, or a | ||||||
2 | State identification card offered by the Secretary of State | ||||||
3 | that also serves as an application to register to vote in | ||||||
4 | Illinois. "Dual-purpose application" does not mean an | ||||||
5 | application under subsection (c) of Section 6-109 of the | ||||||
6 | Illinois Vehicle Code. | ||||||
7 | (i) Notwithstanding any provision of law to the contrary, | ||||||
8 | the operation and effect of this Section is suspended on the | ||||||
9 | effective date of this amendatory Act of the 101st General | ||||||
10 | Assembly through December 31, 2021.
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11 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
12 | (10 ILCS 5/1A-16.2) | ||||||
13 | Sec. 1A-16.2. Automatic voter registration; designated | ||||||
14 | automatic voter registration agencies. | ||||||
15 | (a) Each designated automatic voter registration agency | ||||||
16 | shall, pursuant to an interagency contract and jointly-adopted | ||||||
17 | rules with the State Board of Elections, agree to participate | ||||||
18 | in an automatic voter registration program established by the | ||||||
19 | State Board of Elections that satisfies the requirements of | ||||||
20 | this Section and other applicable law. If the designated | ||||||
21 | automatic voter registration agency provides applications, | ||||||
22 | applications for renewal, change of address forms, or | ||||||
23 | recertification forms to individuals for services offered by | ||||||
24 | another agency, then the State Board of Elections and the | ||||||
25 | designated automatic voter agency shall consult with the other |
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1 | agency. The State Board of Elections shall consider the current | ||||||
2 | technological capabilities of the designated voter | ||||||
3 | registration agency when drafting interagency contracts and | ||||||
4 | jointly-adopted rules. The State Board of Elections and the | ||||||
5 | designated automatic voter registration agency shall amend | ||||||
6 | these contracts and rules as the technological capabilities of | ||||||
7 | the designated voter registration agencies improve. | ||||||
8 | (b) As provided in subsection (a) of this Section, each | ||||||
9 | designated automatic voter registration agency that collects | ||||||
10 | or cross-references reliable personal information indicating | ||||||
11 | citizenship status may provide that an application for a | ||||||
12 | license, permit, program, or service shall serve as a | ||||||
13 | dual-purpose application. The dual-purpose application shall: | ||||||
14 | (1) also serve as an application to register to vote in | ||||||
15 | Illinois; | ||||||
16 | (2) allow an applicant to change his or her registered | ||||||
17 | residence address or name as it appears on the voter | ||||||
18 | registration rolls; | ||||||
19 | (3) provide the applicant with an opportunity to | ||||||
20 | affirmatively decline to register to vote or change his or | ||||||
21 | her registered residence address or name by providing a | ||||||
22 | check box on the application form without requiring the | ||||||
23 | applicant to state the reason; and | ||||||
24 | (4) unless the applicant declines to register to vote | ||||||
25 | or to change his or her registered residence address or | ||||||
26 | name, require the applicant to attest, by signature under |
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1 | penalty of perjury, to meeting the qualifications to | ||||||
2 | register to vote in Illinois at his or her residence | ||||||
3 | address as indicated on his or her dual-purpose | ||||||
4 | application. | ||||||
5 | (c) As provided in subsection (a) of this Section, each | ||||||
6 | designated automatic voter registration agency that does not | ||||||
7 | collect or cross-reference records containing reliable | ||||||
8 | personal information indicating citizenship status may provide | ||||||
9 | that an application, an application for renewal, a change of | ||||||
10 | address form, or a recertification form for a license, permit, | ||||||
11 | program, or service shall serve as a dual-purpose application. | ||||||
12 | The dual-purpose application shall: | ||||||
13 | (1) also serve as an application to register to vote in | ||||||
14 | Illinois; | ||||||
15 | (2) allow an applicant to change his or her registered | ||||||
16 | residence address or name as it appears on the voter | ||||||
17 | registration rolls; and | ||||||
18 | (3) if the applicant chooses to register to vote or to | ||||||
19 | change his or her registered residence address or name, | ||||||
20 | then require the applicant to attest, by a separate | ||||||
21 | signature under penalty of perjury, to meeting the | ||||||
22 | qualifications to register to vote in Illinois at his or | ||||||
23 | her residence address as indicated on his or her | ||||||
24 | dual-purpose application. | ||||||
25 | (c-5) The designated automatic voter registration agency | ||||||
26 | shall clearly and conspicuously inform each 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 submission | ||||||
3 | of a false voter registration application, (iii) that, unless | ||||||
4 | the applicant declines to register to vote or update his or her | ||||||
5 | voter registration, his or her application shall also serve as | ||||||
6 | both an application to register to vote and his or her | ||||||
7 | attestation that he or she meets the eligibility requirements | ||||||
8 | for voter registration, and that his or her application to | ||||||
9 | register to vote or update his or her registration will be | ||||||
10 | transmitted to the State Board of Elections for the purpose of | ||||||
11 | registering the person to vote at the residence address to be | ||||||
12 | indicated on the dual-purpose application, (iv) that | ||||||
13 | information identifying the agency at which he or she applied | ||||||
14 | to register to vote is confidential, (v) that declining to | ||||||
15 | register to vote is confidential and will not affect any | ||||||
16 | services the person may be seeking from the agency, and (vi) | ||||||
17 | any additional information needed in order to comply with | ||||||
18 | Section 7 of the federal National Voter Registration Act of | ||||||
19 | 1993. | ||||||
20 | (d) The designated automatic voter registration agency | ||||||
21 | shall review information provided to the agency by the State | ||||||
22 | Board of Elections to inform each applicant whether the | ||||||
23 | applicant is currently registered to vote in Illinois and, if | ||||||
24 | registered, at what address. | ||||||
25 | (e) The designated automatic voter registration agency | ||||||
26 | shall not require an applicant for a dual-purpose application |
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1 | to provide duplicate identification or information in order to | ||||||
2 | complete an application to register to vote or change his or | ||||||
3 | her registered residence address or name. Before transmitting | ||||||
4 | any personal information about an applicant to the State Board | ||||||
5 | of Elections, the agency shall review its records of the | ||||||
6 | identification documents the applicant provided or that the | ||||||
7 | agency cross-references in order to complete the dual-purpose | ||||||
8 | application, to confirm that nothing in those documents | ||||||
9 | indicates that the applicant does not satisfy the | ||||||
10 | qualifications to register to vote in Illinois at his or her | ||||||
11 | residence address. A completed and signed dual-purpose | ||||||
12 | application, including a completed application under | ||||||
13 | subsection (c) of this Section with a separate signature | ||||||
14 | attesting that the applicant meets the qualifications to | ||||||
15 | register to vote in Illinois at his or her residence address as | ||||||
16 | indicated on his or her application, shall constitute an | ||||||
17 | application to register to vote in Illinois at the residence | ||||||
18 | address indicated in the application unless the person | ||||||
19 | affirmatively declined in the application to register to vote | ||||||
20 | or to change his or her registered residence address or name. | ||||||
21 | If the identification documents provided to complete the | ||||||
22 | dual-purpose application, or that the agency cross-references, | ||||||
23 | indicate that he or she does not satisfy the qualifications to | ||||||
24 | register to vote in Illinois at his or her residence address, | ||||||
25 | the application shall be marked as incomplete. | ||||||
26 | (f) For each completed and signed dual-purpose application |
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1 | that constitutes an application to register to vote in Illinois | ||||||
2 | or provides for a change in the applicant's registered | ||||||
3 | residence address or name, the designated automatic voter | ||||||
4 | registration agency shall electronically transmit to the State | ||||||
5 | Board of Elections personal information needed to complete the | ||||||
6 | person's registration to vote in Illinois at his or her | ||||||
7 | residence address. The application to register to vote shall be | ||||||
8 | processed in accordance with Section 1A-16.7. | ||||||
9 | (g) As used in this Section: | ||||||
10 | "Designated automatic voter registration agency" or | ||||||
11 | "agency" means the divisions of Family and Community | ||||||
12 | Services and Rehabilitation Services of the Department of | ||||||
13 | Human Services, the Department of Employment Security, the | ||||||
14 | Department of Financial and Professional Regulation, the | ||||||
15 | Department of Natural Resources, or an agency of the State | ||||||
16 | or federal government that has been determined by the State | ||||||
17 | Board of Elections to have access to reliable personal | ||||||
18 | information and has entered into an interagency contract | ||||||
19 | with the State Board of Elections to participate in the | ||||||
20 | automatic voter registration program under this Section. | ||||||
21 | "Dual-purpose application" means an application, an | ||||||
22 | application for renewal, a change of address form, or a | ||||||
23 | recertification form for a license, permit, program, or | ||||||
24 | service offered by a designated automatic voter | ||||||
25 | registration agency that also serves as an application to | ||||||
26 | register to vote in Illinois. |
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1 | "Reliable personal information" means information | ||||||
2 | about individuals obtained from government sources that | ||||||
3 | may be used to verify whether an individual is eligible to | ||||||
4 | register to vote. | ||||||
5 | (h) This Section shall be implemented no later than July 1, | ||||||
6 | 2019.
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7 | (i) Notwithstanding any provision of law to the contrary, | ||||||
8 | the operation and effect of this Section is suspended on the | ||||||
9 | effective date of this amendatory Act of the 101st General | ||||||
10 | Assembly through December 31, 2021. | ||||||
11 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
12 | (10 ILCS 5/1A-16.5) | ||||||
13 | Sec. 1A-16.5. Online voter registration. | ||||||
14 | (a) The State Board of Elections shall establish and | ||||||
15 | maintain a system for online voter registration that permits a | ||||||
16 | person to apply to register to vote or to update his or her | ||||||
17 | existing voter registration. In accordance with technical | ||||||
18 | specifications provided by the State Board of Elections, each | ||||||
19 | election authority shall maintain a voter registration system | ||||||
20 | capable of receiving and processing voter registration | ||||||
21 | application information, including electronic signatures, from | ||||||
22 | the online voter registration system established by the State | ||||||
23 | Board of Elections. | ||||||
24 | (b) The online voter registration system shall employ | ||||||
25 | security measures to ensure the accuracy and integrity of voter |
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1 | registration applications submitted electronically pursuant to | ||||||
2 | this Section. | ||||||
3 | (c) The Board may receive voter registration information | ||||||
4 | provided by applicants using the State Board of Elections' | ||||||
5 | website, may cross reference that information with data or | ||||||
6 | information contained in the Secretary of State's database in | ||||||
7 | order to match the information submitted by applicants, and may | ||||||
8 | receive from the Secretary of State the applicant's digitized | ||||||
9 | signature upon a successful match of that applicant's | ||||||
10 | information with that contained in the Secretary of State's | ||||||
11 | database. | ||||||
12 | (d) Notwithstanding any other provision of law, a person | ||||||
13 | who is qualified to register to vote and who has an authentic | ||||||
14 | Illinois driver's license or State identification card issued | ||||||
15 | by the Secretary of State may submit an application to register | ||||||
16 | to vote electronically on a website maintained by the State | ||||||
17 | Board of Elections. | ||||||
18 | (e) An online voter registration application shall contain | ||||||
19 | all of the information that is required for a paper application | ||||||
20 | as provided in Section 1A-16 of this Code, except that the | ||||||
21 | applicant shall be required to provide: | ||||||
22 | (1) the applicant's full Illinois driver's license or | ||||||
23 | State identification card number; | ||||||
24 | (2) the last 4 digits of the applicant's social | ||||||
25 | security number; and | ||||||
26 | (3) the date the Illinois driver's license or State |
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1 | identification card was issued. | ||||||
2 | (f) For an applicant's registration or change in | ||||||
3 | registration to be accepted, the applicant shall mark the box | ||||||
4 | associated with the following statement included as part of the | ||||||
5 | online voter registration application: | ||||||
6 | "By clicking on the box below, I swear or affirm all of the | ||||||
7 | following: | ||||||
8 | (1) I am the person whose name and identifying information | ||||||
9 | is provided on this form, and I desire to register to vote in | ||||||
10 | the State of Illinois. | ||||||
11 | (2) All the information I have provided on this form is | ||||||
12 | true and correct as of the date I am submitting this form. | ||||||
13 | (3) I authorize the Secretary of State to transmit to the | ||||||
14 | State Board of Elections my signature that is on file with the | ||||||
15 | Secretary of State and understand that such signature will be | ||||||
16 | used by my local election authority on this online voter | ||||||
17 | registration application for admission as an elector as if I | ||||||
18 | had signed this form personally.". | ||||||
19 | (g) Immediately upon receiving a completed online voter | ||||||
20 | registration application, the online voter registration system | ||||||
21 | shall send, by electronic mail, a confirmation notice that the | ||||||
22 | application has been received. Within 48 hours of receiving | ||||||
23 | such an application, the online voter registration system shall | ||||||
24 | send by electronic mail, a notice informing the applicant of | ||||||
25 | whether the following information has been matched with the | ||||||
26 | Secretary of State database: |
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1 | (1) that the applicant has an authentic Illinois | ||||||
2 | driver's license or State identification card issued by the | ||||||
3 | Secretary of State and that the driver's license or State | ||||||
4 | identification number provided by the applicant matches | ||||||
5 | the driver's license or State identification card number | ||||||
6 | for that person on file with the Secretary of State; | ||||||
7 | (2) that the date of issuance of the Illinois driver's | ||||||
8 | license or State identification card listed on the | ||||||
9 | application matches the date of issuance of that card for | ||||||
10 | that person on file with the Secretary of State; | ||||||
11 | (3) that the date of birth provided by the applicant | ||||||
12 | matches the date of birth for that person on file with the | ||||||
13 | Secretary of State; and | ||||||
14 | (4) that the last 4 digits of the applicant's social | ||||||
15 | security number matches the last 4 digits for that person | ||||||
16 | on file with the Secretary of State. | ||||||
17 | (h) If the information provided by the applicant matches | ||||||
18 | the information on the Secretary of State's databases for any | ||||||
19 | driver's license and State identification card holder and is | ||||||
20 | matched as provided in subsection (g) above, the online voter | ||||||
21 | registration system shall: | ||||||
22 | (1) retrieve from the Secretary of State's database | ||||||
23 | files an electronic copy of the applicant's signature from | ||||||
24 | his or her Illinois driver's license or State | ||||||
25 | identification card and such signature shall be deemed to | ||||||
26 | be the applicant's signature on his or her online voter |
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1 | registration application; | ||||||
2 | (2) within 2 days of receiving the application, forward | ||||||
3 | to the county clerk or board of election commissioners | ||||||
4 | having jurisdiction over the applicant's voter | ||||||
5 | registration: (i) the application, along with the | ||||||
6 | applicant's relevant data that can be directly loaded into | ||||||
7 | the jurisdiction's voter registration system and (ii) a | ||||||
8 | copy of the applicant's electronic signature and a | ||||||
9 | certification from the State Board of Elections that the | ||||||
10 | applicant's driver's license or State identification card | ||||||
11 | number, driver's license or State identification card date | ||||||
12 | of issuance, and date of birth and social security | ||||||
13 | information have been successfully matched. | ||||||
14 | (i) Upon receipt of the online voter registration | ||||||
15 | application, the county clerk or board of election | ||||||
16 | commissioners having jurisdiction over the applicant's voter | ||||||
17 | registration shall promptly search its voter registration | ||||||
18 | database to determine whether the applicant is already | ||||||
19 | registered to vote at the address on the application and | ||||||
20 | whether the new registration would create a duplicate | ||||||
21 | registration. If the applicant is already registered to vote at | ||||||
22 | the address on the application, the clerk or board, as the case | ||||||
23 | may be, shall send the applicant by first class mail, and | ||||||
24 | electronic mail if the applicant has provided an electronic | ||||||
25 | mail address on the original voter registration form for that | ||||||
26 | address, a disposition notice as otherwise required by law |
| |||||||
| |||||||
1 | informing the applicant that he or she is already registered to | ||||||
2 | vote at such address. If the applicant is not already | ||||||
3 | registered to vote at the address on the application and the | ||||||
4 | applicant is otherwise eligible to register to vote, the clerk | ||||||
5 | or board, as the case may be, shall: | ||||||
6 | (1) enter the name and address of the applicant on the | ||||||
7 | list of registered voters in the jurisdiction; and | ||||||
8 | (2) send by mail, and electronic mail if the applicant | ||||||
9 | has provided an electronic mail address on the voter | ||||||
10 | registration form, a disposition notice to the applicant as | ||||||
11 | otherwise provided by law setting forth the applicant's | ||||||
12 | name and address as it appears on the application and | ||||||
13 | stating that the person is registered to vote. | ||||||
14 | (j) An electronic signature of the person submitting a | ||||||
15 | duplicate registration application or a change of address form | ||||||
16 | that is retrieved and imported from the Secretary of State's | ||||||
17 | driver's license or State identification card database as | ||||||
18 | provided herein may, in the discretion of the clerk or board, | ||||||
19 | be substituted for and replace any existing signature for that | ||||||
20 | individual in the voter registration database of the county | ||||||
21 | clerk or board of election commissioners. | ||||||
22 | (k) Any new registration or change of address submitted | ||||||
23 | electronically as provided in this Section shall become | ||||||
24 | effective as of the date it is received by the county clerk or | ||||||
25 | board of election commissioners having jurisdiction over said | ||||||
26 | registration. Disposition notices prescribed in this Section |
| |||||||
| |||||||
1 | shall be sent within 5 business days of receipt of the online | ||||||
2 | application or change of address by the county clerk or board | ||||||
3 | of election commissioners. | ||||||
4 | (l) All provisions of this Code governing voter | ||||||
5 | registration and applicable thereto and not inconsistent with | ||||||
6 | this Section shall apply to online voter registration under | ||||||
7 | this Section. All applications submitted on a website | ||||||
8 | maintained by the State Board of Elections shall be deemed | ||||||
9 | timely filed if they are submitted no later than 11:59 p.m. on | ||||||
10 | the 16th day prior to an election. After the registration | ||||||
11 | period for an upcoming election has ended and until the 2nd day | ||||||
12 | following such election, the web page containing the online | ||||||
13 | voter registration form on the State Board of Elections website | ||||||
14 | shall inform users of the procedure for grace period voting. | ||||||
15 | (m) The State Board of Elections shall maintain a list of | ||||||
16 | the name, street address, e-mail address, and likely precinct, | ||||||
17 | ward, township, and district numbers, as the case may be, of | ||||||
18 | people who apply to vote online through the voter registration | ||||||
19 | system and those names and that information shall be stored in | ||||||
20 | an electronic format on its website, arranged by county and | ||||||
21 | accessible to State and local political committees. | ||||||
22 | (n) The Illinois State Board of Elections shall develop or | ||||||
23 | cause to be developed an online voter registration system able | ||||||
24 | to be accessed by at least the top two most used mobile | ||||||
25 | electronic operating systems by January 1, 2016. | ||||||
26 | (o) (Blank).
|
| |||||||
| |||||||
1 | (p) Each State department that maintains an Internet | ||||||
2 | website must include a hypertext link to the homepage website | ||||||
3 | maintained and operated pursuant to this Section 1A-16.5. For | ||||||
4 | the purposes of this Section, "State department" means the | ||||||
5 | departments of State Government listed in Section 5-15 of the | ||||||
6 | Civil Administrative Code of Illinois (General Provisions and | ||||||
7 | Departments of State Government). | ||||||
8 | (q) Notwithstanding any provision of law to the contrary, | ||||||
9 | the operation and effect of this Section is suspended on the | ||||||
10 | effective date of this amendatory Act of the 101st General | ||||||
11 | Assembly through December 31, 2021. | ||||||
12 | (Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; | ||||||
13 | 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) | ||||||
14 | (10 ILCS 5/1A-16.6) | ||||||
15 | Sec. 1A-16.6. Government agency voter registration. | ||||||
16 | (a) By April 1, 2016, the State Board of Elections shall | ||||||
17 | establish and maintain a portal for government agency | ||||||
18 | registration that permits an eligible person to electronically | ||||||
19 | apply to register to vote or to update his or her existing | ||||||
20 | voter registration whenever he or she conducts business, either | ||||||
21 | online or in person, with a designated government agency. The | ||||||
22 | portal shall interface with the online voter registration | ||||||
23 | system established in Section 1A-16.5 of this Code and shall be | ||||||
24 | capable of receiving and processing voter registration | ||||||
25 | application information, including electronic signatures, from |
| |||||||
| |||||||
1 | a designated government agency. The State Board of Elections | ||||||
2 | shall modify the online voter registration system as necessary | ||||||
3 | to implement this Section. | ||||||
4 | Voter registration data received from a designated | ||||||
5 | government agency through the online registration system shall | ||||||
6 | be processed as provided for in Section 1A-16.5 of this Code. | ||||||
7 | Whenever the registration interface is accessible to the | ||||||
8 | general public, including, but not limited to, online | ||||||
9 | transactions, the interface shall allow the applicant to | ||||||
10 | complete the process as provided for in Section 1A-16.5 of this | ||||||
11 | Code. The online interface shall be capable of providing the | ||||||
12 | applicant with the applicant's voter registration status with | ||||||
13 | the State Board of Elections and, if registered, the | ||||||
14 | applicant's current registration address. The applicant shall | ||||||
15 | not be required to re-enter any registration data, such as | ||||||
16 | name, address, and birth date, if the designated government | ||||||
17 | agency already has that information on file. The applicant | ||||||
18 | shall be informed that by choosing to register to vote or to | ||||||
19 | update his or her existing voter registration, the applicant | ||||||
20 | consents to the transfer of the applicant's personal | ||||||
21 | information to the State Board of Elections. | ||||||
22 | Whenever a government employee is accessing the | ||||||
23 | registration system while servicing the applicant, the | ||||||
24 | government employee shall notify the applicant of the | ||||||
25 | applicant's registration status with the State Board of | ||||||
26 | Elections and, if registered, the applicant's current |
| |||||||
| |||||||
1 | registration address. If the applicant elects to register to | ||||||
2 | vote or to update his or her existing voter registration, the | ||||||
3 | government employee shall collect the needed information and | ||||||
4 | assist the applicant with his or her registration. The | ||||||
5 | applicant shall be informed that by choosing to register to | ||||||
6 | vote or to update his or her existing voter registration, the | ||||||
7 | applicant consents to the transfer of the applicant's personal | ||||||
8 | information to the State Board of Elections. | ||||||
9 | In accordance with technical specifications provided by | ||||||
10 | the State Board of Elections, each designated government agency | ||||||
11 | shall maintain a data transfer mechanism capable of | ||||||
12 | transmitting voter registration application information, | ||||||
13 | including electronic signatures where available, to the online | ||||||
14 | voter registration system established in Section 1A-16.5 of | ||||||
15 | this Code. Each designated government agency shall establish | ||||||
16 | and operate a voter registration system capable of transmitting | ||||||
17 | voter registration application information to the portal as | ||||||
18 | described in this Section by July 1, 2016. | ||||||
19 | (b) Whenever an applicant's data is transferred from a | ||||||
20 | designated government agency, the agency must transmit a | ||||||
21 | signature image if available. If no signature image was | ||||||
22 | provided by the agency or if no signature image is available in | ||||||
23 | the Secretary of State's database or the statewide voter | ||||||
24 | registration database, the applicant must be notified that | ||||||
25 | their registration will remain in a pending status and the | ||||||
26 | applicant will be required to provide identification and a |
| |||||||
| |||||||
1 | signature to the election authority on Election Day in the | ||||||
2 | polling place or during early voting. | ||||||
3 | (c) The State Board of Elections shall track registration | ||||||
4 | data received through the online registration system that | ||||||
5 | originated from a designated government agency for the purposes | ||||||
6 | of maintaining statistics required by the federal National | ||||||
7 | Voter Registration Act of 1993, as amended. | ||||||
8 | (d) The State Board of Elections shall submit a report to | ||||||
9 | the General Assembly and the Governor by December 1, 2015 | ||||||
10 | detailing the progress made to implement the government agency | ||||||
11 | voter registration portal described in this Section. | ||||||
12 | (e) The Board shall adopt rules, in consultation with the | ||||||
13 | impacted agencies. | ||||||
14 | (f) As used in this Section, a "designated government | ||||||
15 | agency" means the Secretary of State's Driver Services and | ||||||
16 | Vehicle Services Departments, the Department of Human | ||||||
17 | Services, the Department of Healthcare and Family Services, the | ||||||
18 | Department of Employment Security, and the Department on Aging; | ||||||
19 | however, if the designated government agency becomes a | ||||||
20 | designated automatic voter registration agency under Section | ||||||
21 | 1A-16.1 or Section 1A-16.2 of this Code, that agency shall | ||||||
22 | cease to be a designated government agency under this Section.
| ||||||
23 | (g) Notwithstanding any provision of law to the contrary, | ||||||
24 | the operation and effect of this Section is suspended on the | ||||||
25 | effective date of this amendatory Act of the 101st General | ||||||
26 | Assembly through December 31, 2021. |
| |||||||
| |||||||
1 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
2 | (10 ILCS 5/1A-16.7) | ||||||
3 | Sec. 1A-16.7. Automatic voter registration. | ||||||
4 | (a) The State Board of Elections shall establish and | ||||||
5 | maintain a portal for automatic government agency voter | ||||||
6 | registration that permits an eligible person to electronically | ||||||
7 | apply to register to vote or to update his or her existing | ||||||
8 | voter registration as provided in Section 1A-16.1 or Section | ||||||
9 | 1A-16.2. The portal shall interface with the online voter | ||||||
10 | registration system established in Section 1A-16.5 of this Code | ||||||
11 | and shall be capable of receiving and processing voter | ||||||
12 | registration application information, including electronic | ||||||
13 | signatures, from the Office of the Secretary of State and each | ||||||
14 | designated automatic voter registration agency, as defined in | ||||||
15 | Section 1A-16.2. The State Board of Elections may | ||||||
16 | cross-reference voter registration information from any | ||||||
17 | designated automatic voter registration agency, as defined | ||||||
18 | under Section 1A-16.2 of this Code, with information contained | ||||||
19 | in the database of the Secretary of State as provided under | ||||||
20 | subsection (c) of Section 1A-16.5 of this Code. The State Board | ||||||
21 | of Elections shall modify the online voter registration system | ||||||
22 | as necessary to implement this Section. | ||||||
23 | (b) Voter registration data received from the Office of the | ||||||
24 | Secretary of State or a designated automatic voter registration | ||||||
25 | agency through the online registration application system |
| |||||||
| |||||||
1 | shall be processed as provided in Section 1A-16.5 of this Code. | ||||||
2 | (c) The State Board of Elections shall establish technical | ||||||
3 | specifications applicable to each automatic government | ||||||
4 | registration program, including data format and transmission | ||||||
5 | specifications. The Office of the Secretary of State and each | ||||||
6 | designated automatic voter registration agency shall maintain | ||||||
7 | a data transfer mechanism capable of transmitting voter | ||||||
8 | registration application information, including electronic | ||||||
9 | signatures where available, to the online voter registration | ||||||
10 | system established in Section 1A-16.5 of this Code. | ||||||
11 | (d) The State Board of Elections shall, by rule, establish | ||||||
12 | criteria and procedures for determining whether an agency of | ||||||
13 | the State or federal government seeking to become a designated | ||||||
14 | automatic voter registration agency has access to reliable | ||||||
15 | personal information, as defined under this subsection (d) and | ||||||
16 | subsection (f) of Section 1A-16.2 of this Code, and otherwise | ||||||
17 | meets the requirements to enter into an interagency contract | ||||||
18 | and to operate as a designated automatic voter registration | ||||||
19 | agency. The State Board of Elections shall approve each | ||||||
20 | interagency contract upon affirmative vote of a majority of its | ||||||
21 | members. | ||||||
22 | As used in this subsection (d), "reliable personal | ||||||
23 | information" means information about individuals obtained from | ||||||
24 | government sources that may be used to verify whether an | ||||||
25 | individual is eligible to register to vote. | ||||||
26 | (e) Whenever an applicant's data is transferred from the |
| |||||||
| |||||||
1 | Office of the Secretary of State or a designated automatic | ||||||
2 | voter registration agency, the agency must transmit a signature | ||||||
3 | image if available. If no signature image was provided by the | ||||||
4 | agency, or if no signature image is available in the Office of | ||||||
5 | the Secretary of State's database or the statewide voter | ||||||
6 | registration database, the applicant must be notified that his | ||||||
7 | or her registration will remain in a pending status, and the | ||||||
8 | applicant will be required to provide identification that | ||||||
9 | complies with the federal Help America Vote Act of 2002 and a | ||||||
10 | signature to the election authority on election day in the | ||||||
11 | polling place or during early voting. | ||||||
12 | (f) Upon receipt of personal information collected and | ||||||
13 | transferred by the Office of the Secretary of State or a | ||||||
14 | designated automatic voter registration agency, the State | ||||||
15 | Board of Elections shall check the information against the | ||||||
16 | statewide voter registration database. The State Board of | ||||||
17 | Elections shall create and electronically transmit to the | ||||||
18 | appropriate election authority a voter registration | ||||||
19 | application for any individual who is not registered to vote in | ||||||
20 | Illinois and is not disqualified as provided in this Section or | ||||||
21 | whose information reliably indicates a more recent update to | ||||||
22 | the name or address of a person already included in the | ||||||
23 | statewide voter database. The election authority shall process | ||||||
24 | the application accordingly. | ||||||
25 | (g) The appropriate election authority shall ensure that | ||||||
26 | any applicant who is registered to vote or whose existing voter |
| |||||||
| |||||||
1 | registration is updated under this Section is promptly sent | ||||||
2 | written notice of the change. The notice required by this | ||||||
3 | subsection (g) may be sent or combined with other notices | ||||||
4 | required or permitted by law, including, but not limited to, | ||||||
5 | any notices sent pursuant to Section 1A-16.5 of this Code. Any | ||||||
6 | notice required by this subsection (g) shall contain, at a | ||||||
7 | minimum: (i) the applicant's name and residential address as | ||||||
8 | reflected on the voter registration list; (ii) a statement | ||||||
9 | notifying the applicant to contact the appropriate election | ||||||
10 | authority if his or her voter registration has been updated in | ||||||
11 | error; (iii) the qualifications to register to vote in | ||||||
12 | Illinois; (iv) a statement notifying the applicant that he or | ||||||
13 | she may opt out of voter registration or request a change to | ||||||
14 | his or her registration information at any time by contacting | ||||||
15 | an election official; and (v) contact information for the | ||||||
16 | appropriate election authority, including a phone number, | ||||||
17 | address, electronic mail address, and website 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 required by this | ||||||
22 | subsection may be sent or combined with other notices required | ||||||
23 | or permitted by law, including, but not limited to, any notices | ||||||
24 | sent pursuant to Section 1A-16.5 of this Code. Any notice | ||||||
25 | required by this subsection (h) shall contain, at a minimum, | ||||||
26 | the reason the application was not accepted or deemed |
| |||||||
| |||||||
1 | incomplete and contact information for the appropriate | ||||||
2 | election authority, including a phone number, address, | ||||||
3 | electronic mail address, and website address. | ||||||
4 | (i) If the Office of the Secretary of State or a designated | ||||||
5 | automatic voter registration agency transfers information, or | ||||||
6 | if the State Board of Elections creates and transmits a voter | ||||||
7 | registration application, for a person who does not qualify as | ||||||
8 | an eligible voter, then it shall not constitute a completed | ||||||
9 | voter registration form, and the person shall not be considered | ||||||
10 | to have registered to vote. | ||||||
11 | (j) If the registration is processed by any election | ||||||
12 | authority, then it shall be presumed to have been effected and | ||||||
13 | officially authorized by the State, and that person shall not | ||||||
14 | be found on that basis to have made a false claim to | ||||||
15 | citizenship or to have committed an act of moral turpitude, nor | ||||||
16 | shall that person be subject to penalty under any relevant | ||||||
17 | laws, including, but not limited to, Sections 29-10 and 29-19 | ||||||
18 | of this Code. This subsection (j) does not apply to a person | ||||||
19 | who knows that he or she is not entitled to register to vote | ||||||
20 | and who willfully votes, registers to vote, or attests under | ||||||
21 | penalty of perjury that he or she is eligible to register to | ||||||
22 | vote or willfully attempts to vote or to register to vote. | ||||||
23 | (k) The State Board of Elections, the Office of the | ||||||
24 | Secretary of State, and each designated automatic voter | ||||||
25 | registration agency shall implement policies and procedures to | ||||||
26 | protect the privacy and security of voter information as it is |
| |||||||
| |||||||
1 | acquired, stored, and transmitted among agencies, including | ||||||
2 | policies for the retention and preservation of voter | ||||||
3 | information. Information designated as confidential under this | ||||||
4 | Section may be recorded and shared among the State Board of | ||||||
5 | Elections, election authorities, the Office of the Secretary of | ||||||
6 | State, and designated automatic voter registration agencies, | ||||||
7 | but shall be used only for voter registration purposes, shall | ||||||
8 | not be disclosed to the public except in the aggregate as | ||||||
9 | required by subsection (m) of this Section, and shall not be | ||||||
10 | subject to the Freedom of Information Act. The following | ||||||
11 | information shall be designated as confidential: | ||||||
12 | (1) any portion of an applicant's Social Security | ||||||
13 | number; | ||||||
14 | (2) any portion of an applicant's driver's license | ||||||
15 | number or State identification number; | ||||||
16 | (3) an applicant's decision to decline voter | ||||||
17 | registration; | ||||||
18 | (4) the identity of the person providing information | ||||||
19 | relating to a specific applicant; and | ||||||
20 | (5) the personal residence and contact information of | ||||||
21 | any applicant for whom notice has been given by an | ||||||
22 | appropriate legal authority. | ||||||
23 | This subsection (k) shall not apply to information the | ||||||
24 | State Board of Elections is required to share with the | ||||||
25 | Electronic Registration Information Center. | ||||||
26 | (l) The voter registration procedures implemented under |
| |||||||
| |||||||
1 | this Section shall comport with the federal National Voter | ||||||
2 | Registration Act of 1993, as amended, and shall specifically | ||||||
3 | require that the State Board of Elections track registration | ||||||
4 | data received through the online registration system that | ||||||
5 | originated from a designated automatic voter registration | ||||||
6 | agency for the purposes of maintaining statistics. | ||||||
7 | Nothing in this Code shall require designated voter | ||||||
8 | registration agencies to transmit information that is | ||||||
9 | confidential client information under State or federal law | ||||||
10 | without the consent of the applicant. | ||||||
11 | (m) The State Board of Elections, each election authority | ||||||
12 | that maintains a website, the Office of the Secretary of State, | ||||||
13 | and each designated automatic voter registration agency that | ||||||
14 | maintains a website shall provide information on their websites | ||||||
15 | informing the public about the new registration procedures | ||||||
16 | described in this Section. The Office of the Secretary of State | ||||||
17 | and each designated automatic voter registration agency shall | ||||||
18 | display signage or provide literature for the public containing | ||||||
19 | information about the new registration procedures described in | ||||||
20 | this Section. | ||||||
21 | (n) No later than 6 months after the effective date of this | ||||||
22 | amendatory Act of the 100th General Assembly, the State Board | ||||||
23 | of Elections shall hold at least one public hearing on | ||||||
24 | implementing this amendatory Act of the 100th General Assembly | ||||||
25 | at which the public may provide input. | ||||||
26 | (o) The State Board of Elections shall submit an annual |
| |||||||
| |||||||
1 | public report to the General Assembly and the Governor | ||||||
2 | detailing the progress made to implement this Section. The | ||||||
3 | report shall include all of the following: the number of | ||||||
4 | records transferred under this Section by agency, the number of | ||||||
5 | voters newly added to the statewide voter registration list | ||||||
6 | because of records transferred under this Section by agency, | ||||||
7 | the number of updated registrations under this Section by | ||||||
8 | agency, the number of persons who opted out of voter | ||||||
9 | registration, and the number of voters who submitted voter | ||||||
10 | registration forms using the online procedure described in | ||||||
11 | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports | ||||||
12 | may include less detail if election authorities are not | ||||||
13 | equipped to provide complete information to the State Board of | ||||||
14 | Elections. Any report produced under this subsection (o) shall | ||||||
15 | exclude any information that identifies any individual | ||||||
16 | personally. | ||||||
17 | (p) The State Board of Elections, in consultation with | ||||||
18 | election authorities, the Office of the Secretary of State, | ||||||
19 | designated automatic voter registration agencies, and | ||||||
20 | community organizations, shall adopt rules as necessary to | ||||||
21 | implement the provisions of this Section.
| ||||||
22 | (q) Notwithstanding any provision of law to the contrary, | ||||||
23 | the operation and effect of this Section is suspended on the | ||||||
24 | effective date of this amendatory Act of the 101st General | ||||||
25 | Assembly through December 31, 2021. | ||||||
26 | (Source: P.A. 100-464, eff. 8-28-17.) |
| |||||||
| |||||||
1 | (10 ILCS 5/1A-16.8) | ||||||
2 | Sec. 1A-16.8. Automatic transfer of registration based | ||||||
3 | upon information from the National Change of Address database | ||||||
4 | and designated automatic voter registration agencies. | ||||||
5 | (a) The State Board of Elections shall cross-reference the | ||||||
6 | statewide voter registration database against the United | ||||||
7 | States Postal Service's National Change of Address database | ||||||
8 | twice each calendar year, April 15 and October 1 in | ||||||
9 | odd-numbered years and April 15 and December 1 in even-numbered | ||||||
10 | years or with the same frequency as in subsection (b) of this | ||||||
11 | Section, and shall share the findings with the election | ||||||
12 | authorities. | ||||||
13 | (b) In addition, beginning no later than September 1, 2017, | ||||||
14 | the State Board of Elections shall utilize data provided as | ||||||
15 | part of its membership in the Electronic Registration | ||||||
16 | Information Center in order to cross-reference the statewide | ||||||
17 | voter registration database against databases of relevant | ||||||
18 | personal information kept by designated automatic voter | ||||||
19 | registration agencies, including, but not limited to, driver's | ||||||
20 | license information kept by the Secretary of State, at least 6 | ||||||
21 | times each calendar year and shall share the findings with | ||||||
22 | election authorities. | ||||||
23 | This subsection (b) shall no longer apply once Sections | ||||||
24 | 1A-16.1 and 1A-16.2 of this Code are fully implemented as | ||||||
25 | determined by the State Board of Elections. Upon a |
| |||||||
| |||||||
1 | determination by the State Board of Elections of full | ||||||
2 | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, | ||||||
3 | the State Board of Elections shall file notice of full | ||||||
4 | implementation and the inapplicability of this subsection (b) | ||||||
5 | with the Index Department of the Office of the Secretary of | ||||||
6 | State, the Governor, the General Assembly, and the Legislative | ||||||
7 | Reference Bureau. | ||||||
8 | (b-5) The State Board of Elections shall not be required to | ||||||
9 | share any data on any voter attained using the National Change | ||||||
10 | of Address database under subsection (a) of this Section if | ||||||
11 | that voter has a more recent government transaction indicated | ||||||
12 | using the cross-reference under subsection (b) of this Section. | ||||||
13 | If there is contradictory or unclear data between data obtained | ||||||
14 | under subsections (a) and (b) of this Section, then data | ||||||
15 | obtained under subsection (b) of this Section shall take | ||||||
16 | priority. | ||||||
17 | (c) An election authority shall automatically register any | ||||||
18 | voter who has moved into its jurisdiction from another | ||||||
19 | jurisdiction in Illinois or has moved within its jurisdiction | ||||||
20 | provided that: | ||||||
21 | (1) the election authority whose jurisdiction includes | ||||||
22 | the new registration address provides the voter an | ||||||
23 | opportunity to reject the change in registration address | ||||||
24 | through a mailing, sent by non-forwardable mail, to the new | ||||||
25 | registration address, and | ||||||
26 | (2) when the election authority whose jurisdiction |
| |||||||
| |||||||
1 | includes the previous registration address is a different | ||||||
2 | election authority, then that election authority provides | ||||||
3 | the same opportunity through a mailing, sent by forwardable | ||||||
4 | mail, to the previous registration address. | ||||||
5 | This change in registration shall trigger the same | ||||||
6 | inter-jurisdictional or intra-jurisdictional workflows as if | ||||||
7 | the voter completed a new registration card, including the | ||||||
8 | cancellation of the voter's previous registration. Should the | ||||||
9 | registration of a voter be changed from one address to another | ||||||
10 | within the State and should the voter appear at the polls and | ||||||
11 | offer to vote from the prior registration address, attesting | ||||||
12 | that the prior registration address is the true current | ||||||
13 | address, the voter, if confirmed by the election authority as | ||||||
14 | having been registered at the prior registration address and | ||||||
15 | canceled only by the process authorized by this Section, shall | ||||||
16 | be issued a regular ballot, and the change of registration | ||||||
17 | address shall be canceled. If the election authority is unable | ||||||
18 | to immediately confirm the registration, the voter shall be | ||||||
19 | permitted to register and vote a regular ballot, provided that | ||||||
20 | he or she meets the documentary requirements for same-day | ||||||
21 | registration. If the election authority is unable to confirm | ||||||
22 | the registration and the voter does not meet the requirements | ||||||
23 | for same-day registration, the voter shall be issued a | ||||||
24 | provisional ballot.
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25 | (d) No voter shall be disqualified from voting due to an | ||||||
26 | error relating to an update of registration under this Section. |
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1 | (e) Notwithstanding any provision of law to the contrary, | ||||||
2 | the operation and effect of this Section is suspended on the | ||||||
3 | effective date of this amendatory Act of the 101st General | ||||||
4 | Assembly through December 31, 2021. | ||||||
5 | (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.) | ||||||
6 | (10 ILCS 5/1A-16.9) | ||||||
7 | Sec. 1A-16.9. Implementation. Except as otherwise provided | ||||||
8 | by this amendatory Act of the 101st General Assembly, the The | ||||||
9 | changes made by Public Act 100-464 this amendatory Act of the | ||||||
10 | 100th General Assembly shall be implemented no later than July | ||||||
11 | 1, 2018, except for the changes made to Section 1A-16.2 of this | ||||||
12 | Code.
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13 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
14 | (10 ILCS 5/1A-45) | ||||||
15 | Sec. 1A-45. Electronic Registration Information Center. | ||||||
16 | (a) The State Board of Elections shall enter into an | ||||||
17 | agreement with the Electronic Registration Information Center | ||||||
18 | effective no later than January 1, 2016, for the purpose of | ||||||
19 | maintaining a statewide voter registration database. The State | ||||||
20 | Board of Elections shall comply with the requirements of the | ||||||
21 | Electronic Registration Information Center Membership | ||||||
22 | Agreement. The State Board of Elections shall require a term in | ||||||
23 | the Electronic Registration Information Center Membership | ||||||
24 | Agreement that requires the State to share identification |
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1 | records contained in the Secretary of State's Driver Services | ||||||
2 | Department and Vehicle Services Department, the Department of | ||||||
3 | Human Services, the Department of Healthcare and Family | ||||||
4 | Services, the Department on of Aging, and the Department of | ||||||
5 | Employment Security databases (excluding those fields | ||||||
6 | unrelated to voter eligibility, such as income or health | ||||||
7 | information). | ||||||
8 | (b) The Secretary of State and the State Board of Elections | ||||||
9 | shall enter into an agreement to permit the Secretary of State | ||||||
10 | to provide the State Board of Elections with any information | ||||||
11 | required for compliance with the Electronic Registration | ||||||
12 | Information Center Membership Agreement. The Secretary of | ||||||
13 | State shall deliver this information as frequently as necessary | ||||||
14 | for the State Board of Elections to comply with the Electronic | ||||||
15 | Registration Information Center Membership Agreement. | ||||||
16 | (b-5) The State Board of Elections and the Department of | ||||||
17 | Human Services, the Department of Healthcare and Family | ||||||
18 | Services, the Department on Aging, and the Department of | ||||||
19 | Employment Security shall enter into an agreement to require | ||||||
20 | each department to provide the State Board of Elections with | ||||||
21 | any information necessary to transmit member data under the | ||||||
22 | Electronic Registration Information Center Membership | ||||||
23 | Agreement. The director or secretary, as applicable, of each | ||||||
24 | agency shall deliver this information on an annual basis to the | ||||||
25 | State Board of Elections pursuant to the agreement between the | ||||||
26 | entities. |
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1 | (c) Any communication required to be delivered to a | ||||||
2 | registrant or potential registrant pursuant to the Electronic | ||||||
3 | Registration Information Center Membership Agreement shall | ||||||
4 | include at least the following message: | ||||||
5 | "Our records show people at this address may not be | ||||||
6 | registered to vote at this address, but you may be eligible | ||||||
7 | to register to vote or re-register to vote at this address. | ||||||
8 | If you are a U.S. Citizen, a resident of Illinois, and will | ||||||
9 | be 18 years old or older before the next general election | ||||||
10 | in November, you are qualified to vote. | ||||||
11 | We invite you to check your registration online at | ||||||
12 | (enter URL) or register to vote online at (enter URL), by | ||||||
13 | requesting a mail-in voter registration form by (enter | ||||||
14 | instructions for requesting a mail-in voter registration | ||||||
15 | form), or visiting the (name of election authority) office | ||||||
16 | at (address of election authority)." | ||||||
17 | The words "register to vote online at (enter URL)" shall be | ||||||
18 | bolded and of a distinct nature from the other words in the | ||||||
19 | message required by this subsection (c). | ||||||
20 | (d) Any communication required to be delivered to a | ||||||
21 | potential registrant that has been identified by the Electronic | ||||||
22 | Registration Information Center as eligible to vote but who is | ||||||
23 | not registered to vote in Illinois shall be prepared and | ||||||
24 | disseminated at the direction of the State Board of Elections. | ||||||
25 | All other communications with potential registrants or | ||||||
26 | re-registrants pursuant to the Electronic Registration |
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1 | Information Center Membership Agreement shall be prepared and | ||||||
2 | disseminated at the direction of the appropriate election | ||||||
3 | authority. | ||||||
4 | (e) The Executive Director of the State Board of Elections | ||||||
5 | or his or her designee shall serve as the Member Representative | ||||||
6 | to the Electronic Registration Information Center. | ||||||
7 | (f) The State Board of Elections may adopt any rules | ||||||
8 | necessary to enforce this Section or comply with the Electronic | ||||||
9 | Registration Information Center Membership Agreement.
| ||||||
10 | (g) Notwithstanding any provision of law to the contrary, | ||||||
11 | the operation and effect of this Section is suspended on the | ||||||
12 | effective date of this amendatory Act of the 101st General | ||||||
13 | Assembly through December 31, 2021. | ||||||
14 | (Source: P.A. 98-1171, eff. 6-1-15; revised 7-17-19.) | ||||||
15 | (10 ILCS 5/1A-60 new) | ||||||
16 | Sec. 1A-60. Review of automatic voter registration; | ||||||
17 | removal of improperly registered voters. | ||||||
18 | (a) The State Board of Elections, in consultation with the | ||||||
19 | Secretary of State, other designated government agencies, and a | ||||||
20 | statewide association representing county clerks and | ||||||
21 | recorders, shall review voter registration and voter | ||||||
22 | registration-related information acquired by the Board under | ||||||
23 | the provisions of Sections 1A-16.1, 1A-16.2, 1A-16.5, 1A-16.6, | ||||||
24 | 1A-16.7, or 1A-16.8 from July 2, 2018 through the effective | ||||||
25 | date of this amendatory Act of the 101st General Assembly in |
| |||||||
| |||||||
1 | order to determine whether any persons were improperly | ||||||
2 | registered to vote. Any improperly registered persons so | ||||||
3 | identified shall be removed from the centralized statewide | ||||||
4 | voter registration list maintained under Section 1A-25, and the | ||||||
5 | Board shall direct the appropriate local election authorities | ||||||
6 | to remove those improperly registered persons from their rolls | ||||||
7 | of registered voters. | ||||||
8 | (b) The State Board of Elections, in consultation with the | ||||||
9 | Secretary of State, other designated government agencies, and a | ||||||
10 | statewide association representing county clerks and | ||||||
11 | recorders, shall conduct a comprehensive examination of the | ||||||
12 | automatic voter registration process to determine the cause or | ||||||
13 | causes that allowed individuals to improperly register to vote | ||||||
14 | under the Sections identified in subsection (a) from July 2, | ||||||
15 | 2018 through the effective date of this amendatory Act of the | ||||||
16 | 101st General Assembly, including, but not limited to, | ||||||
17 | programming errors. | ||||||
18 | (c) The State Board of Elections, in consultation with the | ||||||
19 | Secretary of State, other designated government agencies, and a | ||||||
20 | statewide association representing county clerks and | ||||||
21 | recorders, shall determine the corrective measures needed to | ||||||
22 | prevent the improper registrations identified under subsection | ||||||
23 | (b), together with future improper registrations and shall | ||||||
24 | implement those corrective measures in a timely manner so that | ||||||
25 | voter registration under the Sections identified in subsection | ||||||
26 | (a) may resume on January 1, 2022. |
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1 | (d) The State Board of Elections shall report to the | ||||||
2 | Governor and the General Assembly on the cause or causes | ||||||
3 | identified under subsection (b) and the corrective measures | ||||||
4 | taken under subsection (c), together with its recommendations | ||||||
5 | for future improvements to prevent the recurrence of improper | ||||||
6 | voter registration under the Sections identified in subsection | ||||||
7 | (a) on or before December 31, 2021. | ||||||
8 | (e) The State Board of Elections shall adopt such rules as | ||||||
9 | it deems necessary to carry out the requirements of this | ||||||
10 | Section.
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|