103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3117

 

Introduced 2/17/2023, by Rep. Katie Stuart

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-16.1
10 ILCS 5/1A-16.2
10 ILCS 5/1A-16.7
10 ILCS 5/1A-16.8
625 ILCS 5/2-105  from Ch. 95 1/2, par. 2-105

    Amends the Election Code. For specified applications, change of address forms, or recertifications of a driver's license or State identification card, provides that the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Makes conforming and other changes. Provides that changes made by the amendatory Act that require implementation shall be implemented no later than January 1, 2025. Effective immediately.


LRB103 24818 AWJ 51149 b

 

 

A BILL FOR

 

HB3117LRB103 24818 AWJ 51149 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 as follows:
 
6    (10 ILCS 5/1A-16.1)
7    Sec. 1A-16.1. Automatic voter registration; Secretary of
8State.
9    (a) The Office of the Secretary of State and the State
10Board of Elections, pursuant to an interagency contract and
11jointly adopted jointly-adopted rules, shall establish an
12automatic voter registration program that satisfies the
13requirements of this Section and other applicable law.
14    (b) If, as part of an application, an application for
15renewal, a change of address form, or a recertification form
16for a driver's license, other than a temporary visitor's
17driver's license, or a State identification card issued by the
18Office of the Secretary of State, an applicant presents an
19identification document which demonstrates that the applicant
20is a United States citizen and is of age to register to vote or
21if the information provided to the Office of the Secretary of
22State pursuant to subsection (c) indicates that the applicant
23is currently registered to vote in Illinois, meets the

 

 

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1requirements of the federal REAL ID Act of 2005, then that
2application shall serve as a dual-purpose application unless
3the applicant declines in accordance with subsection (g) of
4Section 1A-16.7 or the information provided indicates no
5change in the existing voter registration. The dual-purpose
6application shall:
7        (1) also serve as an application to register to vote
8    in Illinois;
9        (2) allow an applicant to change the applicant's his
10    or her registered residence address or name as it appears
11    on the voter registration rolls; and
12        (3) in a single affirmation including the affirmation
13    required for a driver's license or State identification
14    card, allow the applicant to affirm, under penalty of
15    perjury, to the truth and correctness of information
16    submitted in the dual-purpose application that is
17    necessary to assess the applicant's eligibility to
18    register to vote or to change the applicant's registered
19    residence address or name as it appears on the voter
20    registration rolls. provide the applicant with an
21    opportunity to affirmatively decline to register to vote
22    or to change his or her registered residence address or
23    name by providing a check box on the application form
24    without requiring the applicant to state the reason; and
25        (4) unless the applicant declines to register to vote
26    or change his or her registered residence address or name,

 

 

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1    require the applicant to attest, by signature under
2    penalty of perjury as described in subsection (e) of this
3    Section, to meeting the qualifications to register to vote
4    in Illinois at his or her residence address as indicated
5    on his or her driver's license or identification card
6    dual-purpose application.
7    (b-5) If, as part of an application, an application for
8renewal, a change of address form, or a recertification form
9for a driver's license, other than a temporary visitor's
10driver's license, or a State identification card issued by the
11Office of the Secretary of State, an applicant presents an
12identification document which neither demonstrates that the
13applicant is a United States citizen nor demonstrates that the
14applicant is not a United States citizen and the information
15provided to the Office of the Secretary of State pursuant to
16subsection (c) does not indicate that the applicant is
17currently registered to vote in Illinois, does not meet the
18requirements of the federal REAL ID Act of 2005, then that
19application shall serve as a dual-purpose application. The
20dual-purpose application shall:
21        (1) also serve as an application to register to vote
22    in Illinois;
23        (2) (blank); and allow an applicant to change his or
24    her registered residence address or name as it appears on
25    the voter registration rolls; and
26        (3) if the applicant chooses to register to vote or to

 

 

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1    change his or her registered residence address or name,
2    then require the applicant to attest, by a separate
3    signature under penalty of perjury, to meeting the
4    qualifications to register to vote in Illinois at the
5    applicant's his or her residence address as indicated on
6    the his or her dual-purpose application.
7    (b-10) The Office of the Secretary of State shall clearly
8and conspicuously inform each applicant in writing: (i) of the
9qualifications to register to vote in Illinois, (ii) of the
10penalties provided by law for submission of a false voter
11registration application, and (iii) that, unless the applicant
12declines to register to vote or update his or her voter
13registration, his or her dual-purpose application shall also
14serve as both an application to register to vote and his or her
15attestation that he or she meets the eligibility requirements
16for voter registration, and that his or her application to
17register to vote or update his or her registration will be
18transmitted to the State Board of Elections for the purpose of
19registering the person to vote at the residence address to be
20indicated on his or her driver's license or identification
21card, and (iv) that declining to register to vote is
22confidential and will not affect any services the person may
23be seeking from the Office of the Secretary of State. The
24Office of the Secretary of State may provide additional
25instructions specific to applicants under either subsection
26(b) or subsection (b-5).

 

 

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1    (c) The Office of the Secretary of State shall review
2information provided to the Office of the Secretary of State
3by the State Board of Elections to determine whether each
4inform each applicant for a driver's license or permit, other
5than a temporary visitor's driver's license, or a State
6identification card issued by the Office of the Secretary of
7State whether the applicant under subsections (b) and (b-5) is
8currently registered to vote in Illinois and, if registered,
9at what address.
10    (d) The Office of the Secretary of State shall not require
11an applicant for a driver's license or State identification
12card to provide duplicate identification or information in
13order to complete an application to register to vote or change
14his or her registered residence address or name. Before
15transmitting any personal information about an applicant to
16the State Board of Elections, the Office of the Secretary of
17State shall review its records of the identification documents
18the applicant provided in order to complete the application
19for a driver's license or State identification card, to
20confirm that nothing in those documents indicates that the
21applicant does not satisfy the qualifications to register to
22vote in Illinois at his or her residence address. If an
23applicant provides the Office of the Secretary of State with
24an identification document which demonstrates that the
25applicant is not a United States citizen, the application
26shall not serve as a dual-purpose application under this

 

 

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1Section. If the individual provides the Office of the
2Secretary of State with an address designated by the Attorney
3General as a substitute mailing address under Section 15 of
4the Address Confidentiality for Victims of Domestic Violence,
5Sexual Assault, Human Trafficking, or Stalking Act, that
6information shall not be forwarded to the State Board of
7Elections to electronically transmit a voter registration
8application for the individual.
9    (e) A completed, signed application for (i) a driver's
10license or permit, other than a temporary visitor's driver's
11license, or a State identification card issued by the Office
12of the Secretary of State that includes the presentation of an
13identification document which demonstrates that the applicant
14is a United States citizen and is of age to register to vote or
15for which the information provided to the Office of the
16Secretary of State pursuant to subsection (c) indicates that
17the applicant is currently registered to vote in Illinois,
18that meets the requirements of the federal REAL ID Act of 2005;
19or (ii) a completed application under subsection (b-5) of this
20Section with a separate signature attesting the applicant
21meets the qualifications to register to vote in Illinois at
22his or her residence address as indicated on his or her
23application shall constitute a signed application to register
24to vote in Illinois at the residence address indicated in the
25application unless the person affirmatively declined in the
26application to register to vote or to change his or her

 

 

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1registered residence address or name. If the identification
2documents provided to complete the dual-purpose application
3indicate that he or she does not satisfy the qualifications to
4register to vote in Illinois at his or her residence address,
5the application shall be marked as incomplete.
6    (f) For each completed and signed application that
7constitutes an application to register to vote in Illinois or
8provides for a change in the applicant's registered residence
9address or name, the Office of the Secretary of State shall
10electronically transmit to the State Board of Elections
11personal information needed to complete the person's
12registration to vote in Illinois at his or her residence
13address, including the applicant's choice of a language other
14than English if the Office of the Secretary of State collects
15this information during the permitting, licensing, or
16identification card transaction. The application to register
17to vote shall be processed in accordance with Section 1A-16.7.
18    (g) Documents that demonstrate that the applicant is a
19United States citizen may include, but are not limited to,
20valid, unexpired documents described in the federal REAL ID
21Act of 2005 and in 6 CFR 37.11(c)(1)(i) through (ii) and
22(c)(1)(vii) through (viii).
23    If the federal REAL ID Act of 2005, 6 CFR 37.11(c)(1)(i)
24through (ii), or 6 CFR 37.11(c)(1)(vii) through (viii) are is
25repealed, abrogated, superseded, or otherwise no longer in
26effect, then the State Board of Elections shall establish

 

 

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1criteria for determining reliable personal information
2indicating citizenship status and shall adopt rules as
3necessary for the Secretary of State to continue processing
4dual-purpose applications under this Section.
5    (h) As used in this Section, "dual-purpose application"
6means an application, an application for renewal, a change of
7address form, or a recertification form for driver's license
8or permit, other than a temporary visitor's driver's license,
9or a State identification card offered by the Secretary of
10State that also serves as an application to register to vote in
11Illinois. "Dual-purpose application" does not mean an
12application under subsection (c) of Section 6-109 of the
13Illinois Vehicle Code.
14    (i) The changes made to this Section by this amendatory
15Act of the 103rd General Assembly that require implementation
16shall be implemented no later than January 1, 2025.
17(Source: P.A. 100-464, eff. 8-28-17.)
 
18    (10 ILCS 5/1A-16.2)
19    Sec. 1A-16.2. Automatic voter registration; designated
20automatic voter registration agencies.
21    (a) Each designated automatic voter registration agency
22shall, pursuant to an interagency contract and jointly adopted
23jointly-adopted rules with the State Board of Elections, agree
24to participate in an automatic voter registration program
25established by the State Board of Elections that satisfies the

 

 

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1requirements of this Section and other applicable law. If the
2designated automatic voter registration agency provides
3applications, applications for renewal, change of address
4forms, filing, or recertification forms to individuals for
5services offered by another agency, then the State Board of
6Elections and the designated automatic voter agency shall
7consult with the other agency. The State Board of Elections
8shall consider the current technological capabilities of the
9designated voter registration agency when drafting interagency
10contracts and jointly adopted jointly-adopted rules. The State
11Board of Elections and the designated automatic voter
12registration agency shall amend these contracts and rules as
13the technological capabilities of the designated voter
14registration agencies improve.
15    (b) As provided in subsection (a) of this Section, each
16designated automatic voter registration agency that collects
17or cross-references reliable personal information indicating
18citizenship status may provide that an application for a
19license, permit, program, or service shall serve as a
20dual-purpose application. The dual-purpose application shall:
21        (1) also serve as an application to register to vote
22    in Illinois; and
23        (2) allow an applicant to change the applicant's his
24    or her registered residence address or name as it appears
25    on the voter registration rolls; and
26        (3) in a single affirmation including the affirmation

 

 

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1    required for the designated automatic voter registration
2    agency's application, allow the applicant to affirm, under
3    penalty of perjury, to the truth and correctness of
4    information submitted in the dual-purpose application that
5    is necessary to assess the applicant's eligibility to
6    register to vote or to change the applicant's registered
7    residence address or name as it appears on the voter
8    registration rolls. provide the applicant with an
9    opportunity to affirmatively decline to register to vote
10    or change his or her registered residence address or name
11    by providing a check box on the application form without
12    requiring the applicant to state the reason; and
13        (4) unless the applicant declines to register to vote
14    or to change his or her registered residence address or
15    name, require the applicant to attest, by signature under
16    penalty of perjury, to meeting the qualifications to
17    register to vote in Illinois at his or her residence
18    address as indicated on his or her dual-purpose
19    application.
20    (c) As provided in subsection (a) of this Section, each
21designated automatic voter registration agency that does not
22collect or cross-reference records containing reliable
23personal information indicating citizenship status may provide
24that an application, an application for renewal, a change of
25address form, or a recertification form for a license, permit,
26program, or service shall serve as a dual-purpose application.

 

 

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1The dual-purpose application shall:
2        (1) also serve as an application to register to vote
3    in Illinois;
4        (2) allow an applicant to change his or her registered
5    residence address or name as it appears on the voter
6    registration rolls; and
7        (3) if the applicant chooses to register to vote or to
8    change his or her registered residence address or name,
9    then require the applicant to attest, by a separate
10    signature under penalty of perjury, to meeting the
11    qualifications to register to vote in Illinois at his or
12    her residence address as indicated on his or her
13    dual-purpose application.
14    (c-5) The designated automatic voter registration agency
15shall clearly and conspicuously inform each applicant in
16writing: (i) of the qualifications to register to vote in
17Illinois, (ii) of the penalties provided by law for submission
18of a false voter registration application, (iii) that, unless
19the applicant declines to register to vote or update his or her
20voter registration, his or her application shall also serve as
21both an application to register to vote and his or her
22attestation that he or she meets the eligibility requirements
23for voter registration, and that his or her application to
24register to vote or update his or her registration will be
25transmitted to the State Board of Elections for the purpose of
26registering the person to vote at the residence address to be

 

 

HB3117- 12 -LRB103 24818 AWJ 51149 b

1indicated on the dual-purpose application, (iv) that
2information identifying the agency at which he or she applied
3to register to vote is confidential, (iv) (v) that declining
4to register to vote is confidential and will not affect any
5services the person may be seeking from the agency, and (v)
6(vi) any additional information needed in order to comply with
7Section 7 of the federal National Voter Registration Act of
81993. The designated automatic voter registration agency may
9provide additional instructions specific to applicants under
10either subsection (b) or subsection (c).
11    (d) The designated automatic voter registration agency
12shall review information provided to the agency by the State
13Board of Elections to inform each applicant covered by
14subsection (c) whether the applicant is currently registered
15to vote in Illinois and, if registered, at what address.
16    (e) The designated automatic voter registration agency
17shall not require an applicant for a dual-purpose application
18to provide duplicate identification or information in order to
19complete an application to register to vote or change his or
20her registered residence address or name. Before transmitting
21any personal information about an applicant to the State Board
22of Elections, the agency shall review its records of the
23identification documents the applicant provided or that the
24agency cross-references in order to complete the dual-purpose
25application, to confirm that nothing in those documents
26indicates that the applicant does not satisfy the

 

 

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1qualifications to register to vote in Illinois at his or her
2residence address. A completed and signed dual-purpose
3application, including a completed application under
4subsection (c) of this Section with a separate signature
5attesting that the applicant meets the qualifications to
6register to vote in Illinois at his or her residence address as
7indicated on his or her application, shall constitute an
8application to register to vote in Illinois at the residence
9address indicated in the application unless the person
10affirmatively declined in the application to register to vote
11or to change his or her registered residence address or name.
12If the identification documents provided to complete the
13dual-purpose application, or that the agency cross-references,
14indicate that he or she does not satisfy the qualifications to
15register to vote in Illinois at his or her residence address,
16the application shall be marked as incomplete. If the
17individual provides a designated automatic voter registration
18agency with an address designated by the Attorney General as a
19substitute mailing address under Section 15 of the Address
20Confidentiality for Victims of Domestic Violence, Sexual
21Assault, Human Trafficking, or Stalking Act, that information
22shall not be forwarded to the State Board of Elections to
23electronically transmit a voter registration application for
24said individual.
25    (f) For each completed and signed dual-purpose application
26that constitutes an application to register to vote in

 

 

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1Illinois or provides for a change in the applicant's
2registered residence address or name, the designated automatic
3voter registration agency shall electronically transmit to the
4State Board of Elections personal information needed to
5complete the person's registration to vote in Illinois at his
6or her residence address. The application to register to vote
7shall be processed in accordance with Section 1A-16.7.
8    (g) As used in this Section:
9        "Designated automatic voter registration agency" or
10    "agency" means the divisions of Family and Community
11    Services and Rehabilitation Services of the Department of
12    Human Services, the Department of Employment Security, the
13    Department of Financial and Professional Regulation, the
14    Department of Natural Resources, or an agency of the
15    local, tribal, State, or federal government that has been
16    determined by the State Board of Elections to have access
17    to reliable personal information and has entered into an
18    interagency contract with the State Board of Elections to
19    participate in the automatic voter registration program
20    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) (Blank). This Section shall be implemented no later
6than July 1, 2019.
7    (i) The Department of Healthcare and Family Services shall
8implement, as permitted by applicable federal law, an
9automatic voter registration system under this Section for
10applicants for Illinois Medicaid no later than July 1, 2025.
11    (j) If an agency under this Section collects or
12cross-references reliable personal information indicating
13citizenship status for more than one person listed on an
14application for a license, permit, program, or service, each
15person for whom the agency collects or cross-references
16reliable personal information indicating citizenship status
17may be considered an applicant under this Section and the
18application may serve as a dual-purpose application for each
19such person.
20    (k) The changes made to this Section by this amendatory
21Act of the 103rd General Assembly that require implementation
22shall be implemented no later than January 1, 2025.
23(Source: P.A. 100-464, eff. 8-28-17.)
 
24    (10 ILCS 5/1A-16.7)
25    Sec. 1A-16.7. Automatic voter registration.

 

 

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1    (a) The State Board of Elections shall establish and
2maintain a portal for automatic government agency voter
3registration that permits an eligible person to electronically
4apply to register to vote or to update his or her existing
5voter registration as provided in Section 1A-16.1 or Section
61A-16.2. The portal shall interface with the online voter
7registration system established in Section 1A-16.5 of this
8Code and shall be capable of receiving and processing voter
9registration application information, including electronic
10signatures, from the Office of the Secretary of State and each
11designated automatic voter registration agency, as defined in
12Section 1A-16.2. The State Board of Elections may
13cross-reference voter registration information from any
14designated automatic voter registration agency, as defined
15under Section 1A-16.2 of this Code, with information contained
16in the database of the Secretary of State as provided under
17subsection (c) of Section 1A-16.5 of this Code. The State
18Board of Elections shall modify the online voter registration
19system as necessary to implement this Section.
20    (b) Voter registration data received from the Office of
21the Secretary of State or a designated automatic voter
22registration agency through the online registration
23application system shall be processed as provided in Section
241A-16.5 of this Code.
25    (c) The State Board of Elections shall establish technical
26specifications applicable to each automatic government

 

 

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1registration program, including data format and transmission
2specifications. The Office of the Secretary of State and each
3designated automatic voter registration agency shall maintain
4a data transfer mechanism capable of transmitting voter
5registration application information, including electronic
6signatures where available, to the online voter registration
7system established in Section 1A-16.5 of this Code.
8    (d) The State Board of Elections shall, by rule, establish
9criteria and procedures for determining whether an agency of
10the State or federal government seeking to become a designated
11automatic voter registration agency has access to reliable
12personal information, as defined under this subsection (d) and
13subsection (f) of Section 1A-16.2 of this Code, and otherwise
14meets the requirements to enter into an interagency contract
15and to operate as a designated automatic voter registration
16agency. The State Board of Elections shall approve each
17interagency contract upon affirmative vote of a majority of
18its members.
19    As used in this subsection (d), "reliable personal
20information" means information about individuals obtained from
21government sources that may be used to verify whether an
22individual is eligible to register to vote.
23    (e) Whenever an applicant's data is transferred from the
24Office of the Secretary of State or a designated automatic
25voter registration agency, the agency must transmit a
26signature image if available. If no signature image was

 

 

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1provided by the agency and , or if no signature image is
2available in the Office of the Secretary of State's database,
3or the statewide voter registration database, or other
4database available to the State Board of Elections, the
5applicant must be notified that his or her registration will
6remain in a pending status until the applicant: , and the
7applicant will be required to
8                (i) provides provide identification that
9            complies with the federal Help America Vote Act of
10            2002 and a signature to the election authority on
11            election day in the polling place or during early
12            voting; .
13                (ii) provides identification that complies
14            with the federal Help America Vote Act of 2002 and
15            a signature with a mail ballot, or provides a
16            signature according to the procedures in
17            subsection (g-5) of Section 19-8; or
18                (iii) provides a signature in response to the
19            notice described in subsection (g) or by other
20            paper or electronic means determined by the State
21            Board of Elections.
22    (f) Upon receipt of personal information collected and
23transferred by the Office of the Secretary of State or a
24designated automatic voter registration agency, the State
25Board of Elections shall check the information against the
26statewide voter registration database. The State Board of

 

 

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1Elections shall create and electronically transmit to the
2appropriate election authority a voter registration
3application for any individual who is not registered to vote
4in Illinois and is not disqualified as provided in this
5Section or whose information reliably indicates a more recent
6update to the name or address of a person already included in
7the statewide voter database. The election authority shall
8process the application accordingly. If the individual
9provides the Office of the Secretary of State or a designated
10automatic voter registration agency with an address designated
11by the Attorney General as a substitute mailing address under
12Section 15 of the Address Confidentiality for Victims of
13Domestic Violence, Sexual Assault, Human Trafficking, or
14Stalking Act, or if the State Board of Elections otherwise
15determines that the individual is a program participant under
16Section 10 of the Address Confidentiality for Victims of
17Domestic Violence, Sexual Assault, Human Trafficking, or
18Stalking Act, the State Board of Elections shall not create or
19electronically transmit to an election authority a voter
20registration application for such individual. The State Board
21of Elections may provide alternative voter registration
22procedures for such individuals.
23    (g) The appropriate election authority shall ensure that
24any applicant under subsection (f) who is registered to vote
25or whose existing voter registration is updated under this
26Section is promptly sent written notice of the change. The

 

 

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1notice required by this subsection (g) may be sent or combined
2with other notices required or permitted by law, including,
3but not limited to, any notices sent pursuant to Section
41A-16.5 of this Code. Any notice required by this subsection
5(g) shall contain, at a minimum: (i) the applicant's name and
6residential address as reflected on the voter registration
7list; (ii) a statement notifying the applicant to contact the
8appropriate election authority if his or her voter
9registration has been updated in error; (ii) (iii) the
10qualifications to register to vote in Illinois; (iv) a
11statement notifying the applicant that he or she may opt out of
12voter registration or request a change to his or her
13registration information at any time by contacting an election
14official; and (iii) (v) contact information for the
15appropriate election authority, including a phone number,
16address, electronic mail address, and website address.
17    For an applicant under subsection (b) of Section 1A-16.1
18or subsection (b) of Section 1A-16.2 who is not currently
19registered to vote in Illinois, the notice shall contain: (i)
20a notice that the individual will be registered to vote unless
21the individual declines to be registered and that if the
22individual wishes to decline to be registered, the individual
23may return a postage prepaid notice of declination; (ii) the
24notices required by Section 5(c)(2) of the National Voter
25Registration Act of 1993; and (iii) an opportunity to provide
26a signature pursuant to subsection (e) and to select a

 

 

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1language for election materials if applicable to the
2jurisdiction, by prepaid postage.
3    For an applicant under subsection (b) of Section 1A-16.1
4or subsection (b) of Section 1A-16.2 who is currently
5registered to vote in Illinois and whose application contains
6a change in the applicant's registered residence address or
7name, the notice shall contain: (i) a notice that the
8individual's voter registration will be updated unless the
9individual declines the update and that if the individual
10wishes to decline or correct the update, the individual may
11return a postage prepaid notice declining or correcting the
12update; (ii) the notices required by Section 5(c)(2) of the
13National Voter Registration Act of 1993; and (iii) an
14opportunity to provide a signature pursuant to subsection (e),
15and to select a language for election materials if applicable
16to the jurisdiction, by prepaid postage.
17    (g-5) If an applicant under subsection (b) of Section
181A-16.1 or subsection (b) of Section 1A-16.2 returns the
19notice described in subsection (g) declining to be registered,
20the applicant's voter registration record shall be canceled in
21the statewide voter registration database and if such
22declination form is received back to the election authority
23within 21 days after mailing the notice, the applicant shall
24be deemed not to have attempted to register to vote. If a
25person sent the notice required under subsection (g) does not
26return the postage prepaid notice declining to be registered

 

 

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1or to have the person's registration updated within 21 days
2after the mailing of such a notice, then the person shall be
3registered to vote under the name and address contained in the
4dual-purpose application.
5    (h) The appropriate election authority shall ensure that
6any applicant whose voter registration application is not
7accepted or deemed incomplete is promptly sent written notice
8of the application's status. The notice required by this
9subsection may be sent or combined with other notices required
10or permitted by law, including, but not limited to, any
11notices sent pursuant to Section 1A-16.5 of this Code. Any
12notice required by this subsection (h) shall contain, at a
13minimum, the reason the application was not accepted or deemed
14incomplete and contact information for the appropriate
15election authority, including a phone number, address,
16electronic mail address, and website address.
17    (i) If the Office of the Secretary of State or a designated
18automatic voter registration agency transfers information, or
19if the State Board of Elections creates and transmits a voter
20registration application, for a person who does not qualify as
21an eligible voter, then it shall not constitute a completed
22voter registration form, and the person shall not be
23considered to have registered to vote.
24    (j) If the registration is processed by any election
25authority, then it shall be presumed to have been effected and
26officially authorized by the State, and that person shall not

 

 

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1be found on that basis to have made a false claim to
2citizenship or to have committed an act of moral turpitude,
3nor shall that person be subject to penalty under any relevant
4laws, including, but not limited to, Sections 29-10 and 29-19
5of this Code. This subsection (j) does not apply to a person
6who knows that he or she is not entitled to register to vote
7and who willfully votes, registers to vote, or attests under
8penalty of perjury that he or she is eligible to register to
9vote or willfully attempts to vote or to register to vote.
10    (k) The State Board of Elections, the Office of the
11Secretary of State, and each designated automatic voter
12registration agency shall implement policies and procedures to
13protect the privacy and security of voter information as it is
14acquired, stored, and transmitted among agencies, including
15policies for the retention and preservation of voter
16information. Information designated as confidential under this
17Section may be recorded and shared among the State Board of
18Elections, election authorities, the Office of the Secretary
19of State, and designated automatic voter registration
20agencies, but shall be used only for voter registration
21purposes, shall not be disclosed to the public except in the
22aggregate as required by subsection (m) of this Section, and
23shall not be subject to the Freedom of Information Act. The
24following 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 notice has been given by an
9    appropriate legal authority; and .
10        (6) the personal residence and contact information
11    relating to an applicant who returns a notice under
12    subsection (g) declining to register to vote that was
13    received by the election authority within 21 days after
14    mailing such a notice or for whom such a 21-day period has
15    not passed.
16    This subsection (k) shall not apply to information the
17State Board of Elections is required to share with the
18Electronic Registration Information Center.
19    (l) The voter registration procedures implemented under
20this Section shall comport with the federal National Voter
21Registration Act of 1993, as amended, and shall specifically
22require that the State Board of Elections track registration
23data received through the online registration system that
24originated from a designated automatic voter registration
25agency for the purposes of maintaining statistics.
26    Nothing in this Code shall require designated voter

 

 

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1registration agencies to transmit information that is
2confidential client information under State or federal law
3without the consent of the applicant.
4    (m) The State Board of Elections, each election authority
5that maintains a website, the Office of the Secretary of
6State, and each designated automatic voter registration agency
7that maintains a website shall provide information on their
8websites informing the public about the new registration
9procedures described in this Section. The Office of the
10Secretary of State and each designated automatic voter
11registration agency shall display signage or provide
12literature for the public containing information about the new
13registration procedures described in this Section.
14    (n) No later than 6 months after the effective date of this
15amendatory Act of the 100th General Assembly, the State Board
16of Elections shall hold at least one public hearing on
17implementing this amendatory Act of the 100th General Assembly
18at which the public may provide input.
19    (o) The State Board of Elections shall submit an annual
20public report to the General Assembly and the Governor
21detailing the progress made to implement this Section. The
22report shall include all of the following: the number of
23records transferred under this Section by agency, the number
24of voters newly added to the statewide voter registration list
25because of records transferred under this Section by agency,
26the number of updated registrations under this Section by

 

 

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1agency, the number of persons who opted out of voter
2registration, and the number of voters who submitted voter
3registration forms using the online procedure described in
4Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
5may include less detail if election authorities are not
6equipped to provide complete information to the State Board of
7Elections. Any report produced under this subsection (o) shall
8exclude any information that identifies any individual
9personally.
10    (p) The State Board of Elections, in consultation with
11election authorities, the Office of the Secretary of State,
12designated automatic voter registration agencies, and
13community organizations, shall adopt rules as necessary to
14implement the provisions of this Section.
15    (q) The changes made to this Section by this amendatory
16Act of the 103rd General Assembly that require implementation
17shall be implemented no later than January 1, 2025.
18(Source: P.A. 100-464, eff. 8-28-17.)
 
19    (10 ILCS 5/1A-16.8)
20    Sec. 1A-16.8. Automatic transfer of registration based
21upon information from the National Change of Address database
22and designated automatic voter registration agencies.
23    (a) The State Board of Elections shall cross-reference the
24statewide voter registration database against the United
25States Postal Service's National Change of Address database

 

 

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1twice each calendar year, April 15 and October 1 in
2odd-numbered years and April 15 and December 1 in
3even-numbered years or with the same frequency as in
4subsection (b) of this Section, and shall share the findings
5with the election authorities.
6    (b) In addition, beginning no later than September 1,
72017, the State Board of Elections shall utilize data provided
8as part of its membership in the Electronic Registration
9Information Center in order to cross-reference the statewide
10voter registration database against databases of relevant
11personal information kept by designated automatic voter
12registration agencies, including, but not limited to, driver's
13license information kept by the Secretary of State, at least 6
14times each calendar year and shall share the findings with
15election authorities.
16    This subsection (b) shall no longer apply once Sections
171A-16.1 and 1A-16.2 of this Code are fully implemented as
18determined by the State Board of Elections. Upon a
19determination by the State Board of Elections of full
20implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
21the State Board of Elections shall file notice of full
22implementation and the inapplicability of this subsection (b)
23with the Index Department of the Office of the Secretary of
24State, the Governor, the General Assembly, and the Legislative
25Reference Bureau.
26    (b-5) The State Board of Elections shall not be required

 

 

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1to share any data on any voter attained using the National
2Change of Address database under subsection (a) of this
3Section if that voter has a more recent government transaction
4indicated using the cross-reference under subsection (b) of
5this Section. If there is contradictory or unclear data
6between data obtained under subsections (a) and (b) of this
7Section, then data obtained under subsection (b) of this
8Section shall take priority.
9    (c) An election authority shall automatically register any
10voter who has moved into its jurisdiction from another
11jurisdiction in Illinois or has moved within its jurisdiction
12provided that:
13        (1) the election authority whose jurisdiction includes
14    the new registration address provides the voter an
15    opportunity to reject the change in registration address
16    through a mailing, sent by non-forwardable mail, to the
17    new registration address, and
18        (2) when the election authority whose jurisdiction
19    includes the previous registration address is a different
20    election authority, then that election authority provides
21    the same opportunity through a mailing, sent by
22    forwardable mail, to the previous registration address.
23    This change in registration shall trigger the same
24inter-jurisdictional or intra-jurisdictional workflows as if
25the voter completed a new registration card, including the
26cancellation of the voter's previous registration. Should the

 

 

HB3117- 29 -LRB103 24818 AWJ 51149 b

1registration of a voter be changed from one address to another
2within the State and should the voter appear at the polls and
3offer to vote from the prior registration address, attesting
4that the prior registration address is the true current
5address, the voter, if confirmed by the election authority as
6having been registered at the prior registration address and
7canceled only by the process authorized by this Section, shall
8be issued a regular ballot, and the change of registration
9address shall be canceled. If the election authority is unable
10to immediately confirm the registration, the voter shall be
11permitted to register and vote a regular ballot, provided that
12he or she meets the documentary requirements for same-day
13registration. If the election authority is unable to confirm
14the registration and the voter does not meet the requirements
15for same-day registration, the voter shall be issued a
16provisional ballot.
17    (c-5) An agency that does not collect or cross-reference
18reliable personal information indicating citizenship status
19may enter into an agreement with the State Board of Elections
20to transmit information that shall serve only to update an
21applicant's existing voter registration record. Under such an
22agreement, the agency shall transmit information on all
23clients who may be registered to vote with a clear indication
24that the information shall be used only for updates. The State
25Board of Elections shall determine which applicants are
26already registered to vote and, for any voter whose

 

 

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1information provided to the agency differs from that on the
2voter registration record, provide that information to the
3voter's local election authority who shall update a registered
4voter's records in accordance with the procedures in Section
51A-16.7. The State Board of Election and local election
6authority shall take no action under this subsection for any
7applicant not already registered to vote.
8    This subsection shall be implemented no later than January
91, 2025.
10    (d) No voter shall be disqualified from voting due to an
11error relating to an update of registration under this
12Section.
13(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
 
14    Section 10. The Illinois Vehicle Code is amended by
15changing Section 2-105 as follows:
 
16    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
17    Sec. 2-105. Offices of Secretary of State.
18    (a) The Secretary of State shall maintain offices in the
19State capital and in such other places in the State as he may
20deem necessary to properly carry out the powers and duties
21vested in him.
22    (b) The Secretary of State may construct and equip one or
23more buildings in the State of Illinois outside of the County
24of Sangamon as he deems necessary to properly carry out the

 

 

HB3117- 31 -LRB103 24818 AWJ 51149 b

1powers and duties vested in him. The Secretary of State may, on
2behalf of the State of Illinois, acquire public or private
3property needed therefor by lease, purchase or eminent domain.
4The care, custody and control of such sites and buildings
5constructed thereon shall be vested in the Secretary of State.
6Expenditures for the construction and equipping of any of such
7buildings upon premises owned by another public entity shall
8not be subject to the provisions of any State law requiring
9that the State be vested with absolute fee title to the
10premises. The exercise of the authority vested in the
11Secretary of State by this Section is subject to the
12appropriation of the necessary funds.
13    (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
14the Election Code, the Secretary of State shall make driver
15services facilities available for use as places of accepting
16applications for voter registration.
17    (d) (Blank).
18    (e) Each person applying at a driver services facility for
19a driver's license or permit, a corrected driver's license or
20permit, an Illinois Identification Card Illinois
21identification card or a corrected Illinois Identification
22Card Illinois identification card shall be notified, under the
23procedures set forth in Sections 1A-16.1 and 1A-16.7 of the
24Election Code, that unless he or she affirmatively declines,
25his or her personal information shall be transferred to the
26State Board of Elections for the purpose of creating an

 

 

HB3117- 32 -LRB103 24818 AWJ 51149 b

1electronic voter registration application. Such notification
2may be made in writing or verbally issued by an employee or the
3Secretary of State.
4    The Secretary of State shall promulgate such rules as may
5be necessary for the efficient execution of his duties and the
6duties of his employees under this Section.
7    (f) Any person applying at a driver services facility for
8issuance or renewal of a driver's license or Illinois
9Identification Card shall be provided, without charge, with a
10brochure warning the person of the dangers of financial
11identity theft. The Department of Financial and Professional
12Regulation shall prepare these brochures and provide them to
13the Secretary of State for distribution. The brochures shall
14(i) identify signs warning the reader that he or she might be
15an intended victim of the crime of financial identity theft,
16(ii) instruct the reader in how to proceed if the reader
17believes that he or she is the victim of the crime of identity
18theft, and (iii) provide the reader with names and telephone
19numbers of law enforcement and other governmental agencies
20that provide assistance to victims of financial identity
21theft.
22    (g) (Blank). The changes made by this amendatory Act of
23the 100th General Assembly shall be implemented no later than
24July 1, 2018.
25    (h) The change made to this Section by this amendatory Act
26of the 103rd General Assembly shall be implemented no later

 

 

HB3117- 33 -LRB103 24818 AWJ 51149 b

1than January 1, 2025.
2(Source: P.A. 100-464, eff. 8-28-17.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.