Sen. Ram Villivalam

Filed: 4/3/2024

 

 


 

 


 
10300SB3736sam001LRB103 38253 SPS 71211 a

1
AMENDMENT TO SENATE BILL 3736

2    AMENDMENT NO. ______. Amend Senate Bill 3736 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding
6Section 1A-16.3 as follows:
 
7    (10 ILCS 5/1A-16.1)
8    (Text of Section before amendment by P.A. 103-210)
9    Sec. 1A-16.1. Automatic voter registration; Secretary of
10State.
11    (a) The Office of the Secretary of State and the State
12Board of Elections, pursuant to an interagency contract and
13jointly adopted jointly-adopted rules, shall establish an
14automatic voter registration program that satisfies the
15requirements of this Section and other applicable law.
16    (b) If, as part of an application, an application for

 

 

10300SB3736sam001- 2 -LRB103 38253 SPS 71211 a

1renewal, or a change of address form, or a recertification
2form for a driver's license, other than a temporary visitor's
3driver's license, or a State identification card issued by the
4Office of the Secretary of State, an applicant presents
5documentation that establishes that the applicant is a United
6States citizen, as described in subsection (g), and is of age
7to register to vote or if the information provided to the
8Office of the Secretary of State under subsection (c)
9indicates that the applicant is currently registered to vote
10in Illinois and, upon reviewing the documents and information
11submitted by the applicant, the Office of the Secretary of
12State determines that the name or residence address
13documentation submitted by the applicant differs from the
14information regarding the applicant provided under subsection
15(c) meets the requirements of the federal REAL ID Act of 2005,
16then that application shall serve as a dual-purpose
17application, unless the applicant declines in accordance with
18subsection (g) of Section 1A-16.7. The dual-purpose
19application shall:
20        (1) also serve as an application to register to vote
21    in Illinois;
22        (2) allow an applicant to change the applicant's his
23    or her registered residence address or name as it appears
24    on the voter registration rolls;
25        (3) in a single affirmation, including the affirmation
26    required for a driver's license or State identification

 

 

10300SB3736sam001- 3 -LRB103 38253 SPS 71211 a

1    card, allow the applicant to affirm, under penalty of
2    perjury, to the truth and correctness of the information
3    submitted in the dual-purpose application that is
4    necessary to assess the applicant's eligibility to
5    register to vote or to change the applicant's registered
6    residence address or name as it appears on the voter
7    registration rolls provide the applicant with an
8    opportunity to affirmatively decline to register to vote
9    or to change his or her registered residence address or
10    name by providing a check box on the application form
11    without requiring the applicant to state the reason; and
12        (4) allow the applicant to notify the Office of the
13    Secretary of State of the applicant's preferred language
14    unless the applicant declines to register to vote or
15    change his or her registered residence address or name,
16    require the applicant to attest, by signature under
17    penalty of perjury as described in subsection (e) of this
18    Section, to meeting the qualifications to register to vote
19    in Illinois at his or her residence address as indicated
20    on his or her driver's license or identification card
21    dual-purpose application.
22    The Office of the Secretary of State shall record the type
23of documents presented by the applicant that establishes the
24applicant is a United States citizen as described in
25subsection (g) and shall enter United States citizenship in a
26designated field. Based on the entry of United States

 

 

10300SB3736sam001- 4 -LRB103 38253 SPS 71211 a

1citizenship in the designated field, the Office of the
2Secretary of State shall initiate a dual-purpose application
3through an automated process that is not subject to the
4discretion of individual employees of the Office of the
5Secretary of State.
6    (b-5) If, as part of an application, an application for
7renewal, or a change of address form, or a recertification
8form for a driver's license, other than a temporary visitor's
9driver's license, or a State identification card issued by the
10Office of the Secretary of State, other than an application or
11form that pertains to a standard driver's license or
12identification card for an applicant who does not have and is
13not eligible for a social security number, an applicant
14presents documentation that neither establishes that the
15applicant is a United States citizen nor establishes that the
16applicant is not a United States citizen and the information
17provided to the Office of the Secretary of State under
18subsection (c) does not indicate that the applicant is
19currently registered to vote in Illinois does not meet the
20requirements of the federal REAL ID Act of 2005, then that
21application shall serve as a dual-purpose application. The
22dual-purpose application that, shall: (1) also serve as an
23application to register to vote in Illinois; (2) allow an
24applicant to change his or her registered residence address or
25name as it appears on the voter registration rolls; and (3) if
26the applicant chooses to register to vote, shall also serve as

 

 

10300SB3736sam001- 5 -LRB103 38253 SPS 71211 a

1an application to register to vote in Illinois. If the
2applicant chooses to register to vote, the applicant shall be
3required or to change his or her registered residence address
4or name, then require the applicant to attest, by a separate
5signature under penalty of perjury, to meeting the
6qualifications to register to vote in Illinois at the
7applicant's his or her residence address as indicated on the
8his or her dual-purpose application. The dual-purpose
9application shall allow the applicant to notify the Office of
10the Secretary of State of the applicant's preferred language.
11    (b-8) If an applicant presents to the Secretary of State
12documentation that establishes the applicant is not a United
13States citizen, no application submitted by that applicant
14shall serve as a dual-purpose application under this Section.
15    (b-10) Before asking any applicant described in subsection
16(b) to provide the written affirmation described in that
17subsection, the The Office of the Secretary of State shall
18clearly and conspicuously inform each applicant in writing:
19(i) of the qualifications to register to vote in Illinois; ,
20(ii) of the penalties provided by law for submission of a false
21voter registration application, including the
22immigration-related consequences of incorrectly claiming
23United States citizenship and of the applicant's opportunity
24not to proceed in order to avoid the penalties; and (iii) that
25the , unless the applicant declines to register to vote or
26update his or her voter registration, his or her dual-purpose

 

 

10300SB3736sam001- 6 -LRB103 38253 SPS 71211 a

1application shall also serve as both an application to
2register to vote and his or her attestation that he or she
3meets the eligibility requirements for voter registration, and
4that the his or her application to register to vote or update
5voter his or her registration will be transmitted to the State
6Board of Elections for the purpose of registering the person
7to vote at the residence address to be indicated on the
8applicant's his or her driver's license or identification
9card, and (iv) that declining to register to vote is
10confidential and will not affect any services the person may
11be seeking from the Office of the Secretary of State.
12    The Office of the Secretary of State may provide
13additional instructions specific to applicants under
14subsection (b).
15    (b-15) Before asking any applicant described in subsection
16(b-5) to provide the attestation described in that subsection,
17the Office of the Secretary of State shall clearly and
18conspicuously inform each applicant in writing: (i) of the
19qualifications to register to vote in Illinois; (ii) of the
20penalties provided by law for submission of a false voter
21registration application, including the immigration-related
22consequences of incorrectly claiming United States citizenship
23and of the applicant's opportunity to withdraw an application
24to avoid the penalties; (iii) that the application shall also
25serve as an application to register to vote and that the
26application to register to vote or update voter registration

 

 

10300SB3736sam001- 7 -LRB103 38253 SPS 71211 a

1will be transmitted to the State Board of Elections for the
2purpose of registering the person to vote at the residence
3address to be indicated on the applicant's driver's license or
4identification card, unless the applicant withdraws the
5application or declines to register to vote or update the
6applicant's voter registration; and (iv) that declining to
7register to vote or withdrawing a voter application is
8confidential and will not affect any services the person may
9be seeking from the Office of the Secretary of State. The
10Office of the Secretary of State may provide additional
11instructions specific to applicants under subsection (b-5).
12    (c) The Office of the Secretary of State shall review
13information provided to the Office of the Secretary of State
14by the State Board of Elections to determine inform each
15applicant for a driver's license or permit, other than a
16temporary visitor's driver's license, or a State
17identification card issued by the Office of the Secretary of
18State whether each the applicant under subsections (b) and
19(b-5) is currently registered to vote in Illinois and, if
20registered, at what address, and shall inform each applicant
21described in subsection (b-5) for a driver's license or permit
22or State identification card issued by the Office of the
23Secretary of State whether the applicant is currently
24registered and, if registered, at what address.
25    (d) The Office of the Secretary of State shall not require
26an applicant for a driver's license or State identification

 

 

10300SB3736sam001- 8 -LRB103 38253 SPS 71211 a

1card to provide duplicate identification or information in
2order to complete an application to register to vote or change
3his or her registered residence address or name. Before
4transmitting any personal information about an applicant to
5the State Board of Elections, the Office of the Secretary of
6State shall review its records of the identification documents
7the applicant provided in order to complete the application
8for a driver's license or State identification card, to
9confirm that nothing in those documents indicates that the
10applicant does not satisfy the qualifications to register to
11vote in Illinois at his or her residence address. If the
12applicant provides the Office of the Secretary of State with
13an address designated by the Attorney General as a substitute
14mailing address under Section 15 of the Address
15Confidentiality for Victims of Domestic Violence, Sexual
16Assault, Human Trafficking, or Stalking Act or is a judicial
17officer of peace officer who provides the Office of the
18Secretary of State with a work address instead of a residence
19address, as authorized by subsection (a) of Section 6-106 of
20the Illinois Vehicle Code, the applicant shall not be offered
21voter registration by the Office of the Secretary of State.
22    (e) A completed, signed application for (i) a driver's
23license or permit, other than a temporary visitor's driver's
24license, or a State identification card issued by the Office
25of the Secretary of State that includes the presentation of
26documentation that establishes that the applicant is a United

 

 

10300SB3736sam001- 9 -LRB103 38253 SPS 71211 a

1States citizen and is of age to register to vote or for which
2the information provided to the Office of the Secretary of
3State under subsection (c) indicates that the applicant is
4currently registered to vote in Illinois , that meets the
5requirements of the federal REAL ID Act of 2005; or (ii) a
6completed application under subsection (b-5) of this Section
7with a separate signature attesting the applicant meets the
8qualifications to register to vote in Illinois at his or her
9residence address as indicated on his or her application shall
10constitute a signed application to register to vote in
11Illinois at the residence address indicated in the application
12unless the person affirmatively declined in the application to
13register to vote or to change his or her registered residence
14address or name. If the identification documents provided to
15complete the dual-purpose application indicate that the
16applicant he or she does not satisfy the qualifications to
17register to vote in Illinois at the specified his or her
18residence address, the application shall be marked as
19incomplete.
20    (f) For each completed and signed application that
21constitutes an application to register to vote in Illinois or
22provides for a change in the applicant's registered residence
23address or name, the Office of the Secretary of State shall
24electronically transmit to the State Board of Elections
25personal information needed to complete the person's
26registration to vote in Illinois at the specified his or her

 

 

10300SB3736sam001- 10 -LRB103 38253 SPS 71211 a

1residence address, including the applicant's choice language
2preference as indicated by the applicant or as otherwise
3collected by the Office of the Secretary of State during the
4permitting, licensing, or identification card transaction. The
5application to register to vote shall be processed in
6accordance with Section 1A-16.7.
7    (g) Documentation that establishes that the applicant is a
8United States citizen shall include:
9        (1) a valid, unexpired United States passport or
10    passport card or a United States passport or passport card
11    that has been expired for no more than 2 years;
12        (2) a certified copy of a birth certificate filed with
13    the Division of Vital Records or an equivalent agency in
14    the individual's state of birth;
15        (3) a Consular Report of Birth Abroad issued by the
16    United States Department of State, Form FS-240, DS-1350,
17    or FS-545; and
18        (4) a Certificate of Citizenship issued by the United
19    States Department of Homeland Security, Form N-560 or form
20    N-561. If the federal REAL ID Act of 2005 is repealed,
21    abrogated, superseded, or otherwise no longer in effect,
22    then the State Board of Elections shall establish criteria
23    for determining reliable personal information indicating
24    citizenship status and shall adopt rules as necessary for
25    the Secretary of State to continue processing dual-purpose
26    applications under this Section.

 

 

10300SB3736sam001- 11 -LRB103 38253 SPS 71211 a

1    (h) As used in this Section, "dual-purpose application"
2means an application, an application for renewal or , a change
3of address form, or a recertification form for driver's
4license or permit, other than a temporary visitor's driver's
5license, or a State identification card offered by the
6Secretary of State that also serves as an application to
7register to vote in Illinois. "Dual-purpose application" does
8not mean an application under subsection (c) of Section 6-109
9of the Illinois Vehicle Code.
10    (i) The changes made to this Section by this amendatory
11Act of the 103rd General Assembly shall be implemented no
12later than January 1, 2026.
13(Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
 
14    (Text of Section after amendment by P.A. 103-210)
15    Sec. 1A-16.1. Automatic voter registration; Secretary of
16State.
17    (a) The Office of the Secretary of State and the State
18Board of Elections, pursuant to an interagency contract and
19jointly adopted jointly-adopted rules, shall establish an
20automatic voter registration program that satisfies the
21requirements of this Section and other applicable law.
22    (b) If, as part of an application, an application for
23renewal, or a change of address form, or a recertification
24form for a driver's license or a State identification card
25issued by the Office of the Secretary of State, an applicant

 

 

10300SB3736sam001- 12 -LRB103 38253 SPS 71211 a

1presents documentation that establishes that the applicant is
2a United States citizen, as described in subsection (g), and
3is of age to register to vote or if the information provided to
4the Office of the Secretary of State under subsection (c)
5indicates that the applicant is currently registered to vote
6in Illinois and, upon reviewing the documents and information
7submitted by the applicant, the Office of the Secretary of
8State determines that the name or residence address
9documentation submitted by the applicant differs from the
10information regarding the applicant provided under subsection
11(c) meets the requirements of the federal REAL ID Act of 2005,
12then that application shall serve as a dual-purpose
13application, unless the applicant declines in accordance with
14subsection (g) of Section 1A-16.7. The dual-purpose
15application shall:
16        (1) also serve as an application to register to vote
17    in Illinois;
18        (2) allow an applicant to change the applicant's his
19    or her registered residence address or name as it appears
20    on the voter registration rolls;
21        (3) in a single affirmation, including the affirmation
22    required for a driver's license or State identification
23    card, allow the applicant to affirm, under penalty of
24    perjury, to the truth and correctness of the information
25    submitted in the dual-purpose application that is
26    necessary to assess the applicant's eligibility to

 

 

10300SB3736sam001- 13 -LRB103 38253 SPS 71211 a

1    register to vote or to change the applicant's registered
2    residence address or name as it appears on the voter
3    registration rolls provide the applicant with an
4    opportunity to affirmatively decline to register to vote
5    or to change his or her registered residence address or
6    name by providing a check box on the application form
7    without requiring the applicant to state the reason; and
8        (4) allow the applicant to notify the Office of the
9    Secretary of State of the applicant's preferred language
10    unless the applicant declines to register to vote or
11    change his or her registered residence address or name,
12    require the applicant to attest, by signature under
13    penalty of perjury as described in subsection (e) of this
14    Section, to meeting the qualifications to register to vote
15    in Illinois at his or her residence address as indicated
16    on his or her driver's license or identification card
17    dual-purpose application.
18    The Office of the Secretary of State shall record the type
19of documents presented by the applicant that establishes the
20applicant is a United States citizen as described in
21subsection (g) and shall enter United States citizenship in a
22designated field. Based on the entry of United States
23citizenship in the designated field, the Office of the
24Secretary of State shall initiate a dual-purpose application
25through an automated process that is not subject to the
26discretion of individual employees of the Office of the

 

 

10300SB3736sam001- 14 -LRB103 38253 SPS 71211 a

1Secretary of State.
2    (b-5) If, as part of an application, an application for
3renewal, or a change of address form, or a recertification
4form for a driver's license or a State identification card
5issued by the Office of the Secretary of State, other than an
6application or form that pertains to a standard driver's
7license or identification card for an applicant who does not
8have and is not eligible for and does not list a social
9security number, an applicant presents documentation that
10neither establishes that the applicant is a United States
11citizen nor establishes that the applicant is not a United
12States citizen and the information provided to the Office of
13the Secretary of State under subsection (c) does not indicate
14that the applicant is currently registered to vote in Illinois
15for the applicant, does not meet the requirements of the
16federal REAL ID Act of 2005, then that application shall serve
17as a dual-purpose application. The dual-purpose application
18that, shall: (1) also serve as an application to register to
19vote in Illinois; (2) allow an applicant to change his or her
20registered residence address or name as it appears on the
21voter registration rolls; and (3) if the applicant chooses to
22register to vote, shall also serve as an application to
23register to vote in Illinois. If the applicant chooses to
24register to vote, the applicant shall be required or to change
25his or her registered residence address or name, then require
26the applicant to attest, by a separate signature under penalty

 

 

10300SB3736sam001- 15 -LRB103 38253 SPS 71211 a

1of perjury, to meeting the qualifications to register to vote
2in Illinois at the applicant's his or her residence address as
3indicated on the his or her dual-purpose application.
4    The dual-purpose application shall allow the applicant to
5notify the Office of the Secretary of State of the applicant's
6preferred language.
7    (b-8) If an applicant presents to the Secretary of State
8documentation that establishes the applicant is not a United
9States citizen, no application submitted by that applicant
10shall serve as a dual-purpose application under this Section.
11    (b-10) Before asking any applicant described in subsection
12(b) to provide the written affirmation described in that
13subsection, the The Office of the Secretary of State shall
14clearly and conspicuously inform each applicant in writing:
15(i) of the qualifications to register to vote in Illinois; ,
16(ii) of the penalties provided by law for submission of a false
17voter registration application, including the
18immigration-related consequences of incorrectly claiming
19United States citizenship and of the applicant's opportunity
20not to proceed in order to avoid the penalties; and , (iii) that
21the , unless the applicant declines to register to vote or
22update his or her voter registration, his or her dual-purpose
23application shall also serve as both an application to
24register to vote and his or her attestation that he or she
25meets the eligibility requirements for voter registration, and
26that the his or her application to register to vote or update

 

 

10300SB3736sam001- 16 -LRB103 38253 SPS 71211 a

1voter his or her registration will be transmitted to the State
2Board of Elections for the purpose of registering the person
3to vote at the residence address to be indicated on the
4applicant's his or her driver's license or identification
5card, and (iv) that declining to register to vote is
6confidential and will not affect any services the person may
7be seeking from the Office of the Secretary of State. The
8Office of the Secretary of State may provide additional
9instructions specific to applicants under subsection (b).
10    (b-15) Before asking any applicant described in subsection
11(b-5) to provide the attestation described in that subsection,
12the Office of the Secretary of State shall clearly and
13conspicuously inform each applicant in writing: (i) of the
14qualifications to register to vote in Illinois; (ii) of the
15penalties provided by law for submission of a false voter
16registration application, including the immigration-related
17consequences of incorrectly claiming United States citizenship
18and of the applicant's opportunity to withdraw an application
19to avoid the penalties; (iii) that the application shall also
20serve as an application to register to vote and that the
21application to register to vote or update voter registration
22will be transmitted to the State Board of Elections for the
23purpose of registering the person to vote at the residence
24address to be indicated on the applicant's driver's license or
25identification card, unless the applicant withdraws the
26application or declines to register to vote or update the

 

 

10300SB3736sam001- 17 -LRB103 38253 SPS 71211 a

1applicant's voter registration; and (iv) that declining to
2register to vote or withdrawing a voter application is
3confidential and will not affect any services the person may
4be seeking from the Office of the Secretary of State. The
5Office of the Secretary of State may provide additional
6instructions specific to applicants under subsection (b-5).
7    (c) The Office of the Secretary of State shall review
8information provided to the Office of the Secretary of State
9by the State Board of Elections to determine whether each
10inform each applicant for a driver's license or permit or a
11State identification card issued by the Office of the
12Secretary of State, other than an application or form that
13pertains to a standard driver's license or identification card
14and does not list a social security number for the applicant,
15whether the applicant under subsections (b) and (b-5) is
16currently registered to vote in Illinois and, if registered,
17at what address, and shall inform each applicant described in
18subsection (b-5) for a driver's license or permit or State
19identification card issued by the Office of the Secretary of
20State whether the applicant is currently registered and, if
21registered, at what address.
22    (d) The Office of the Secretary of State shall not require
23an applicant for a driver's license or State identification
24card to provide duplicate identification or information in
25order to complete an application to register to vote or change
26his or her registered residence address or name. Before

 

 

10300SB3736sam001- 18 -LRB103 38253 SPS 71211 a

1transmitting any personal information about an applicant to
2the State Board of Elections, the Office of the Secretary of
3State shall review its records of the identification documents
4the applicant provided in order to complete the application
5for a driver's license or State identification card, to
6confirm that nothing in those documents indicates that the
7applicant does not satisfy the qualifications to register to
8vote in Illinois at his or her residence address. If the
9applicant provides the Office of the Secretary of State with
10an address designated by the Attorney General as a substitute
11mailing address under Section 15 of the Address
12Confidentiality for Victims of Domestic Violence, Sexual
13Assault, Human Trafficking, or Stalking Act or is a judicial
14officer of peace officer who provides the Office of the
15Secretary of State with a work address instead of a residence
16address, as authorized by subsection (a) of Section 6-106 of
17the Illinois Vehicle Code, the applicant shall not be offered
18voter registration by the Office of the Secretary of State.
19    (e) A completed, signed application for (i) a driver's
20license or permit or a State identification card issued by the
21Office of the Secretary of State that includes the
22presentation of documentation that establishes that the
23applicant is a United States citizen and is of age to register
24to vote or for which the information provided to the Office of
25the Secretary of State under subsection (c) indicates that the
26applicant is currently registered to vote in Illinois , that

 

 

10300SB3736sam001- 19 -LRB103 38253 SPS 71211 a

1meets the requirements of the federal REAL ID Act of 2005; or
2(ii) a completed application under subsection (b-5) of this
3Section with a separate signature attesting the applicant
4meets the qualifications to register to vote in Illinois at
5his or her residence address as indicated on his or her
6application shall constitute a signed application to register
7to vote in Illinois at the residence address indicated in the
8application unless the person affirmatively declined in the
9application to register to vote or to change his or her
10registered residence address or name. If the identification
11documents provided to complete the dual-purpose application
12indicate that the applicant he or she does not satisfy the
13qualifications to register to vote in Illinois at the
14specified his or her residence address, the application shall
15be marked as incomplete.
16    (f) For each completed and signed application that
17constitutes an application to register to vote in Illinois or
18provides for a change in the applicant's registered residence
19address or name, the Office of the Secretary of State shall
20electronically transmit to the State Board of Elections
21personal information needed to complete the person's
22registration to vote in Illinois at the specified his or her
23residence address, including the applicant's choice language
24preference as indicated by the applicant or as otherwise
25collected by the Office of the Secretary of State during the
26permitting, licensing, or identification card transaction. The

 

 

10300SB3736sam001- 20 -LRB103 38253 SPS 71211 a

1application to register to vote shall be processed in
2accordance with Section 1A-16.7.
3    (g) Documentation that establishes that the applicant is a
4United States citizen shall include:
5        (1) a valid, unexpired United States passport or
6    passport card or a United States passport or passport card
7    that has been expired for no more than 2 years;
8        (2) a certified copy of a birth certificate filed with
9    the Division of Vital Records or an equivalent agency in
10    the individual's state of birth;
11        (3) a Consular Report of Birth Abroad issued by the
12    United States Department of State, Form FS-240, DS-1350,
13    or FS-545; and
14        (4) a Certificate of Citizenship issued by the United
15    States Department of Homeland Security, Form N-560 or form
16    N-561. If the federal REAL ID Act of 2005 is repealed,
17    abrogated, superseded, or otherwise no longer in effect,
18    then the State Board of Elections shall establish criteria
19    for determining reliable personal information indicating
20    citizenship status and shall adopt rules as necessary for
21    the Secretary of State to continue processing dual-purpose
22    applications under this Section.
23    (h) As used in this Section, "dual-purpose application"
24means an application, an application for renewal or , a change
25of address form, or a recertification form for driver's
26license or permit or a State identification card offered by

 

 

10300SB3736sam001- 21 -LRB103 38253 SPS 71211 a

1the Secretary of State, other than an application or form that
2pertains to a standard driver's license or identification card
3for an applicant who does not have and is not eligible for, a
4social security number and does not list a social security
5number for the applicant, that also serves as an application
6to register to vote in Illinois. "Dual-purpose application"
7does not mean an application under subsection (c) of Section
86-109 of the Illinois Vehicle Code.
9    (i) The changes made to this Section by this amendatory
10Act of the 103rd General Assembly shall be implemented no
11later than January 1, 2026.
12(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
 
13    (10 ILCS 5/1A-16.2)
14    Sec. 1A-16.2. Automatic voter registration; designated
15automatic voter registration agencies.
16    (a) Each designated automatic voter registration agency
17shall, pursuant to an interagency contract and jointly adopted
18jointly-adopted rules with the State Board of Elections, agree
19to participate in an automatic voter registration program
20established by the State Board of Elections that satisfies the
21requirements of this Section and other applicable law. If the
22designated automatic voter registration agency provides
23applications, applications for renewal, change of address
24forms, filing, or recertification forms to individuals for
25services offered by another agency, then the State Board of

 

 

10300SB3736sam001- 22 -LRB103 38253 SPS 71211 a

1Elections and the designated automatic voter agency shall
2consult with the other agency. The State Board of Elections
3shall consider the current technological capabilities of the
4designated voter registration agency when drafting interagency
5contracts and jointly adopted jointly-adopted rules. The State
6Board of Elections and the designated automatic voter
7registration agency shall amend these contracts and rules as
8the technological capabilities of the designated voter
9registration agencies improve.
10    (b) As provided in subsection (a) of this Section, each
11designated automatic voter registration agency that collects
12or cross-references reliable personal information indicating
13citizenship status may provide that an application or form for
14a license, permit, program, or service described in subsection
15(a) for which, as part of the application, the applicant
16presents documentation that establishes that the applicant is
17a United States citizen as described in subsection (g) of
18Section 1A-16.1 shall serve as a dual-purpose application,
19unless the applicant declines in accordance with subsection
20(g) of Section 1A-16.7. The dual-purpose application shall:
21        (1) also serve as an application to register to vote
22    in Illinois;
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;
26        (3) in a single affirmation including the affirmation

 

 

10300SB3736sam001- 23 -LRB103 38253 SPS 71211 a

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) allow the applicant to notify the agency of the
14    applicant's preferred language unless the applicant
15    declines to register to vote or to change his or her
16    registered residence address or name, require the
17    applicant to attest, by signature under penalty of
18    perjury, to meeting the qualifications to register to vote
19    in Illinois at his or her residence address as indicated
20    on his or her dual-purpose application.
21    The agency shall record the type of document presented by
22the applicant that establishes that the applicant is a United
23States citizen as described in subsection (g) of Section
241A-16.1.
25    (c) As provided in subsection (a) of this Section, each
26designated automatic voter registration agency that does not

 

 

10300SB3736sam001- 24 -LRB103 38253 SPS 71211 a

1collect or cross-reference records containing reliable
2personal information indicating citizenship status may provide
3that an application or , an application for renewal, a change
4of address form, or a recertification form for a license,
5permit, program, or service described in subsection (a), for
6which the applicant presents documentation that neither
7establishes that the applicant is a United States citizen nor
8establishes that the applicant is not a United States citizen,
9shall serve as a dual-purpose application if the applicant
10chooses to register to vote. The dual-purpose application
11shall:
12        (1) also serve as an application to register to vote
13    in Illinois;
14        (2) allow an applicant to change his or her registered
15    residence address or name as it appears on the voter
16    registration rolls; and
17        (3) if the applicant chooses to register to vote or to
18    change the applicant's his or her registered residence
19    address or name, then require the applicant to attest, by
20    a separate signature under penalty of perjury, to meeting
21    the qualifications to register to vote in Illinois at his
22    or her residence address as indicated on his or her
23    dual-purpose application; and .
24        (4) allow the applicant to notify the agency of the
25    applicant's preferred language.
26    (c-1) If an applicant presents documentation to the

 

 

10300SB3736sam001- 25 -LRB103 38253 SPS 71211 a

1designated automatic voter registration agency that
2establishes that the applicant is not a United States citizen
3or the applicant attests that the applicant is not a United
4States citizen, no application submitted by that applicant
5shall serve as a dual-purpose application under this Section.
6    (c-5) Before asking any applicant described in subsection
7(b) of this Section to provide the affirmation described in
8that subsection, the The designated automatic voter
9registration agency shall clearly and conspicuously inform
10each applicant in writing: (i) of the qualifications to
11register to vote in Illinois; , (ii) of the penalties provided
12by law for submission of a false voter registration
13application, including the immigration-related consequences of
14incorrectly claiming United States citizenship and of the
15applicant's opportunity not to proceed in order to avoid the
16penalties; (iii) that the application shall serve as an
17application to register to vote or change the applicant's
18voter registration, and that the application , unless the
19applicant 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

 

 

10300SB3736sam001- 26 -LRB103 38253 SPS 71211 a

1indicated on the dual-purpose application; , (iv) that
2information identifying the agency at which he or she applied
3to register to vote is confidential; , (v) that declining to
4register 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
10subsection (b).
11    (c-10) Before asking any applicant described in subsection
12(c) to provide the attestation described in that subsection,
13the designated automatic voter registration agency shall
14clearly and conspicuously inform each applicant in writing:
15(i) of the qualifications to register to vote in Illinois;
16(ii) of the penalties provided by law for submission of a false
17voter registration application, including the
18immigration-related consequences of incorrectly claiming
19United States citizenship, and of the applicant's opportunity
20to withdraw an application to avoid the penalties; (iii) that
21the application shall also serve as an application to register
22to vote or update the applicant's voter registration and that
23the application to register to vote or update voter
24registration will be transmitted to the State Board of
25Elections for the purpose of registering the person to vote at
26the residence address to be indicated on the dual-purpose

 

 

10300SB3736sam001- 27 -LRB103 38253 SPS 71211 a

1application, unless the applicant withdraws the application or
2declines to register to vote or update the applicant's voter
3registration; (iv) that information identifying the agency at
4which the applicant applied to register to vote is
5confidential; (v) that withdrawing a voter registration
6application or otherwise declining to register to vote is
7confidential and will not affect any services the person may
8be seeking from the agency; and (vi) any additional
9information needed in order to comply with Section 7 of the
10federal National Voter Registration Act of 1993. The
11designated automatic voter registration agency may provide
12additional instructions specific to applicants under
13subsection (c).
14    (d) The designated automatic voter registration agency
15shall review information provided to the agency by the State
16Board of Elections to inform each applicant covered by
17subsection (c) whether the applicant is currently registered
18to vote in Illinois and, if registered, at what address.
19    (e) The designated automatic voter registration agency
20shall not require an applicant for a dual-purpose application
21to provide duplicate identification or information in order to
22complete an application to register to vote or change the
23applicant's his or her registered residence address or name.
24Before transmitting any personal information about an
25applicant to the State Board of Elections, the agency shall
26review its records of the identification documents the

 

 

10300SB3736sam001- 28 -LRB103 38253 SPS 71211 a

1applicant provided or that the agency cross-references in
2order to complete the dual-purpose application, to confirm
3that nothing in those documents indicates that the applicant
4does not satisfy the qualifications to register to vote in
5Illinois at the applicant's his or her residence address. A
6completed and signed dual-purpose application, including a
7completed application under subsection (c) of this Section
8with a separate signature attesting that the applicant meets
9the qualifications to register to vote in Illinois at the his
10or her residence address as indicated on the his or her
11application, shall constitute an application to register to
12vote in Illinois at the residence address indicated in the
13application unless the person affirmatively declined in the
14application to register to vote or to change his or her
15registered residence address or name. If the identification
16documents provided to complete the dual-purpose application,
17or that the agency cross-references, indicate that the
18applicant he or she does not satisfy the qualifications to
19register to vote in Illinois at his or her residence address,
20the application shall be marked as incomplete. If the
21applicant provides the Office of the Secretary of State with
22an address designated by the Attorney General as a substitute
23mailing address under Section 15 of the Address
24Confidentiality for Victims of Domestic Violence, Sexual
25Assault, Human Trafficking, or Stalking Act or is a judicial
26officer of peace officer who provides the Office of the

 

 

10300SB3736sam001- 29 -LRB103 38253 SPS 71211 a

1Secretary of State with a work address instead of a residence
2address, as authorized by subsection (a) of Section 6-106 of
3the Illinois Vehicle Code, the applicant shall not be offered
4voter registration by the Office of the Secretary of State.
5    (f) For each completed and signed dual-purpose application
6that constitutes an application to register to vote in
7Illinois or provides for a change in the applicant's
8registered residence address or name, the designated automatic
9voter registration agency shall electronically transmit to the
10State Board of Elections personal information needed to
11complete the person's registration to vote in Illinois at his
12or her residence address, including the applicant's language
13preference as indicated by the applicant or as otherwise
14collected by the designated automatic voter registration
15agency in the course of receiving applications and other forms
16regarding licenses, permits, programs, and services offered by
17the designated automatic voter registration agency. The
18application to register to vote shall be processed in
19accordance with Section 1A-16.7.
20    (g) As used in this Section:
21        "Designated automatic voter registration agency" or
22    "agency" means the divisions of Family and Community
23    Services and Rehabilitation Services of the Department of
24    Human Services, the Department of Employment Security, the
25    Department of Financial and Professional Regulation, the
26    Department of Natural Resources, or an agency of the

 

 

10300SB3736sam001- 30 -LRB103 38253 SPS 71211 a

1    local, tribal, State, or federal government that has been
2    determined by the State Board of Elections to have access
3    to reliable personal information and has entered into an
4    interagency contract with the State Board of Elections to
5    participate in the automatic voter registration program
6    under this Section.
7        "Dual-purpose application" means an application, an
8    application for renewal, a change of address form, or a
9    recertification form for a license, permit, program, or
10    service offered by a designated automatic voter
11    registration agency that also serves as an application to
12    register to vote in Illinois.
13        "Reliable personal information" means information
14    about individuals obtained from government sources that
15    may be used to verify whether an individual is eligible to
16    register to vote.
17    (h) (Blank). This Section shall be implemented no later
18than July 1, 2019.
19    (i) The Department of Healthcare and Family Services shall
20implement, as permitted by applicable federal law, an
21automatic voter registration system under this Section for
22applicants for Illinois Medicaid no later than July 1, 2026.
23The Department of Healthcare and Family Services, or its
24agent, may perform the procedures described in subsections
25(f), (g), and (g-5) of Section 1A-16.7 and electronically
26transmit to the State Board of Elections the personal

 

 

10300SB3736sam001- 31 -LRB103 38253 SPS 71211 a

1information needed to complete an applicant's registration to
2vote in Illinois at his or her residence address for each
3applicant who does not decline to be registered or decline an
4update. The procedures and notices described in subsections
5(f), (g), and (g-5) of Section 1A- 16.7 may be modified to the
6extent necessary to comply with applicable federal law. For
7purposes of this subsection, the State Board of Elections may
8serve as the agent of the Department of Healthcare and Family
9Services.
10    (j) If an agency under this Section receives documentation
11that an applicant is a United States citizen, as described in
12subsection (g) of Section 1A-16.1 for more than one person
13listed on an application for a license, permit, program, or
14service, each person for whom the agency receives the
15documentation may be considered an applicant under this
16Section and the application may serve as a dual-purpose
17application for each person.
18    (k) The changes made to this Section by this amendatory
19Act of the 103rd General Assembly shall be implemented no
20later than January 1, 2026.
21(Source: P.A. 100-464, eff. 8-28-17.)
 
22    (10 ILCS 5/1A-16.3 new)
23    Sec. 1A-16.3. Language assistance.
24    (a) Every facility operated by the Driver Services
25Department of the Office of the Secretary of State and all

 

 

10300SB3736sam001- 32 -LRB103 38253 SPS 71211 a

1facilities of a designated voter registration agency located
2in a political subdivision covered by Section 203 of the
3federal Voting Rights Act shall display and make plainly
4visible signage informing applicants about the type of
5language assistance available. The signage shall be in the
6covered languages applicable for the political subdivision.
7    (b) Every facility operated by the Driver Services
8Department of the Office of the Secretary of State and all
9facilities of a designated voter registration agency located
10in a political subdivision covered by Section 203 of the
11federal Voting Rights Act shall make available, in the covered
12languages, all written materials and verbal communication
13regarding voter registration for the purpose of processing the
14applicant's dual-purpose application described in Sections
151A-16.1 and 1A-16.2. These materials shall include the notices
16described in subsection (b-10) of Section 1A-16.1 and
17subsection (e) of Section 2-105 of the Illinois Vehicle Code,
18the affirmations described in paragraph (3) of subsection (b)
19of Section 1A-16.1 and paragraph (3) of subsection (b) of
20Section 1A-16.2, and the attestations described in subsection
21(b-5) of Section 1A-16.1 and paragraph (3) of subsection (c)
22of Section 1A-16.2.
23    (c) In addition to the requirements under subsections (a)
24and (b), every facility operated by the Driver Services
25Department of the Office of the Secretary of State and all
26designated automatic voter registration agencies as defined in

 

 

10300SB3736sam001- 33 -LRB103 38253 SPS 71211 a

1subsection (g) of Section 1A-16.2 shall make available, in the
25 most common non-English languages in this State, all written
3materials provided to an applicant for the purpose of
4processing the applicant's dual-purpose application as
5described in Sections 1A-16.1 and 1A-16.2. These materials
6shall include, but not be limited to, the notices described in
7subsection (b-10) of Section 1A-16.1 and subsection (e) of
8Section 2-105 of the Illinois Vehicle Code, the affirmations
9described in paragraph (3) of subsection (b) of Section
101A-16.1 and paragraph (3) of subsection (b) of Section
111A-16.2, and the attestations described in subsection (b-5) of
12Section 1A-16.1 and paragraph (3) of subsection (c) of Section
131A-16.2. The Office of the Secretary of the State shall
14determine the 5 most common non-English languages in this
15State by referring to the best available data from the United
16States Census Bureau or other sources that the Office of the
17Secretary of the State considers relevant and reliable.
 
18    (10 ILCS 5/1A-16.7)
19    Sec. 1A-16.7. Automatic voter registration.
20    (a) The State Board of Elections shall establish and
21maintain a portal for automatic government agency voter
22registration that permits an eligible person to electronically
23apply to register to vote or to update his or her existing
24voter registration as provided in Section 1A-16.1 or Section
251A-16.2. The portal shall interface with the online voter

 

 

10300SB3736sam001- 34 -LRB103 38253 SPS 71211 a

1registration system established in Section 1A-16.5 of this
2Code and shall be capable of receiving and processing voter
3registration application information, including electronic
4signatures, from the Office of the Secretary of State and each
5designated automatic voter registration agency, as defined in
6Section 1A-16.2. The State Board of Elections may
7cross-reference voter registration information from any
8designated automatic voter registration agency, as defined
9under Section 1A-16.2 of this Code, with information contained
10in the database of the Secretary of State as provided under
11subsection (c) of Section 1A-16.5 of this Code. The State
12Board of Elections shall modify the online voter registration
13system as necessary to implement this Section.
14    (b) Voter registration data received from the Office of
15the Secretary of State or a designated automatic voter
16registration agency through the online registration
17application system shall be processed as provided in Section
181A-16.5 of this Code.
19    (c) The State Board of Elections shall establish technical
20specifications applicable to each automatic government
21registration program, including data format and transmission
22specifications. The Office of the Secretary of State and each
23designated automatic voter registration agency shall maintain
24a data transfer mechanism capable of transmitting voter
25registration application information, including electronic
26signatures where available, to the online voter registration

 

 

10300SB3736sam001- 35 -LRB103 38253 SPS 71211 a

1system established in Section 1A-16.5 of this Code.
2    (d) The State Board of Elections shall, by rule, establish
3criteria and procedures for determining whether an agency of
4the State or federal government seeking to become a designated
5automatic voter registration agency in the course of receiving
6applications and other forms regarding licenses, permits,
7programs, and services offered by the agency, receives
8documentation that an applicant is a United States citizen, as
9described in subsection (g) of Section 1A-16.1 has access to
10reliable personal information, as defined under this
11subsection (d) and subsection (f) of Section 1A-16.2 of this
12Code, and otherwise meets the requirements to enter into an
13interagency contract and to operate as a designated automatic
14voter registration agency. The State Board of Elections shall
15approve each interagency contract upon affirmative vote of a
16majority of its members.
17    As used in this subsection (d), "reliable personal
18information" means information about individuals obtained from
19government sources that may be used to verify whether an
20individual is eligible to register to vote.
21    (e) Whenever an applicant's data is transferred from the
22Office of the Secretary of State or a designated automatic
23voter registration agency, the agency must transmit a
24signature image if available. If no signature image was
25provided by the agency and , or if no signature image is
26available in the Office of the Secretary of State's database

 

 

10300SB3736sam001- 36 -LRB103 38253 SPS 71211 a

1or the statewide voter registration database, or other
2database available to the State Board of Elections, the
3applicant must be notified that voter his or her registration
4will remain in a pending status until the applicant: , and the
5applicant will be required to
6        (1) provides provide identification that complies with
7    the federal Help America Vote Act of 2002 and a signature
8    to the election authority on election day in the polling
9    place or during early voting; .
10        (2) provides identification that complies with the
11    federal Help America Vote Act of 2002 and a signature with
12    a mail ballot, or provides a signature in accordance with
13    the procedures described in subsection (g-5) of Section
14    19-8; or
15        (3) provides a signature in response to the notice
16    described in subsection (g) or by other paper or
17    electronic means determined by the State Board of
18    Elections.
19    (f) Upon receipt of personal information collected and
20transferred by the Office of the Secretary of State or a
21designated automatic voter registration agency, the State
22Board of Elections shall check the information against the
23statewide voter registration database. The State Board of
24Elections shall create and electronically transmit to the
25appropriate election authority a voter registration
26application for any individual who is not registered to vote

 

 

10300SB3736sam001- 37 -LRB103 38253 SPS 71211 a

1in Illinois and is not disqualified as provided in this
2Section or whose information reliably indicates a more recent
3update to the name or address of a person already included in
4the statewide voter database. The election authority shall
5process the application accordingly. If the individual
6provides the Office of the Secretary of State or a designated
7automatic voter registration agency with an address designated
8by the Attorney General as a substitute mailing address under
9Section 15 of the Address Confidentiality for Victims of
10Domestic Violence, Sexual Assault, Human Trafficking, or
11Stalking Act or if the State Board of Elections otherwise
12determines that the individual is a program participant under
13Section 10 of the Address Confidentiality for Victims of
14Domestic Violence, Sexual Assault, Human Trafficking, or
15Stalking Act, the State Board of Elections shall not create or
16electronically transmit to an election authority a voter
17registration the application for the individual. If a judicial
18officer or peace officers provides the Office of the Secretary
19of State with a work address instead of a residence address as
20authorized by paragraph (a) of Section 6-109 of the Illinois
21Vehicle Code, the State Board of elections shall not create or
22electronically transmit to an election authority a voter
23registration application for the individual. The State Board
24of Elections may provide alternative voter registration
25procedures for the individuals described in this subsection.
26    (g) The appropriate election authority shall ensure that

 

 

10300SB3736sam001- 38 -LRB103 38253 SPS 71211 a

1any applicant about whom it receives information from the
2State Board of Elections under subsection (f) who is
3registered to vote or whose existing voter registration is
4updated under this Section is promptly sent written notice of
5the change. The notice required by this subsection (g) may be
6sent or combined with other notices required or permitted by
7law, including, but not limited to, any notices sent pursuant
8to Section 1A-16.5 of this Code. Any notice required by this
9subsection (g) shall contain, at a minimum: (i) the
10applicant's name and residential address as reflected on the
11voter registration list; (ii) a statement notifying the
12applicant to contact the appropriate election authority if his
13or her voter registration has been updated in error; (iii) the
14qualifications to register to vote in Illinois; (iv) a
15statement notifying the applicant that he or she may opt out of
16voter registration or request a change to his or her
17registration information at any time by contacting an election
18official; and (iii) (v) contact information for the
19appropriate election authority, including a phone number,
20address, electronic mail address, and website address.
21    For an applicant under subsection (b) of Section 1A-16.1
22or subsection (b) of Section 1A-16.2 who is not currently
23registered to vote in Illinois, the notice shall be sent
24within 5 business days after the transmission of the voter
25registration application to the election authority and shall
26contain:

 

 

10300SB3736sam001- 39 -LRB103 38253 SPS 71211 a

1        (1) the following statement: "After your recent visit
2    to [an Illinois Secretary of State Driver Services
3    Facility, or designated automatic voter registration
4    agency] we started an automatic voter registration process
5    for you. You will be registered to vote unless you
6    complete, sign, and return this card by [deadline date].";
7        (2) the notices required by Section 5(c)(2) of the
8    National Voter Registration Act of 1993; and
9        (3) an opportunity to provide a signature as described
10    in subsection (e) and to select a language for election
11    materials if applicable to the jurisdiction, by prepaid
12    postage.
13    For an applicant under subsection (b) of Section 1A-16.1
14or subsections (b) of Section 1A-16.2 who is currently
15registered to vote in Illinois and whose application contains
16a change in the applicant's registered residence address or
17name, the notice shall be sent within 5 business days after the
18transmission of the voter registration application to the
19election authority and shall contain:
20        (1) the following statement: "After your recent visit
21    to [an Illinois Secretary of State Driver Services
22    Facility or designated automatic voter registration
23    agency], we started an update to your voter registration.
24    Your voter registration will be updated unless you
25    complete, sign and return this card by [deadline date].";
26        (2) the notices required by Section 5(c)(2) of the

 

 

10300SB3736sam001- 40 -LRB103 38253 SPS 71211 a

1    National Voter Registration Act of 1993; and
2        (3) an opportunity to provide a signature as described
3    in subsection (e), and to select a language for election
4    materials if applicable to the jurisdiction, by prepaid
5    postage.
6    Any notice required by this subsection shall, at a
7minimum, be provided in languages for which there is coverage
8for the jurisdiction of the election authority under Section
9203 of the federal Voting Rights Act, as identified by the
10United States Census Bureau in the Federal Register. Any
11notice required by this subsection must also comply with all
12applicable, federal, State, and local laws, regulations, and
13ordinances that relate to providing language access to
14individuals with limited English proficiency. If the State
15Board of Elections has received language preference
16information regarding the applicant and has transmitted that
17information to the appropriate election authority, the
18appropriate election authority shall take all practicable
19measures to send the notice to the applicant in the
20applicant's preferred language.
21    (g-5) If an applicant under subsection (b) of Section
221A-16.1 or subsection (b) of Section 1A-16.2 returns the
23notice described in subsection (g) declining to be registered
24within 23 days after the mailing of the notice, the applicant
25shall not be registered to vote and the applicant shall be
26deemed not to have attempted to register to vote. If an

 

 

10300SB3736sam001- 41 -LRB103 38253 SPS 71211 a

1applicant under subsection (b) of Section 1A-16.1 or
2subsection (b) of Section 1A-16.2 returns the notice described
3in subsection (g) declining or correcting the update within 23
4days after the mailing of the notice, the applicant's update
5shall be declined or corrected in the statewide voter
6registration database. If an applicant returns the notice
7described in subsection (g) but does not do so within 23 days
8after the mailing of the notice, then the applicant shall be
9registered to vote under the name and address contained in the
10dual-purpose application. If an applicant returns the notice
11described in subsection (g) declining to be registered or
12declining or correcting the update more than 23 days after the
13mailing of the notice, then the notice shall be processed as a
14request to cancel or update the applicant's registration.
15During the 23-day period specified in this subsection, an
16applicant's voter registration or updated voter registration
17shall be in a pending status.
18    (g-6) If an applicant under subsection (b) of Section
191A-16.1 or subsection (b) of Section 1A-16.2 returns the
20notice indicating a language preference, the language
21preference shall be retained as part of the person's
22registration information.
23    (h) The appropriate election authority shall ensure that
24any applicant whose voter registration application is not
25accepted or deemed incomplete is promptly sent written notice
26of the application's status. The notice required by this

 

 

10300SB3736sam001- 42 -LRB103 38253 SPS 71211 a

1subsection may be sent or combined with other notices required
2or permitted by law, including, but not limited to, any
3notices sent pursuant to Section 1A-16.5 of this Code. Any
4notice required by this subsection (h) shall contain, at a
5minimum, the reason the application was not accepted or deemed
6incomplete and contact information for the appropriate
7election authority, including a phone number, address,
8electronic mail address, and website address.
9    (i) If the Office of the Secretary of State or a designated
10automatic voter registration agency transfers information, or
11if the State Board of Elections creates and transmits a voter
12registration application, for a person who does not qualify as
13an eligible voter, then it shall not constitute a completed
14voter registration form, and the person shall not be
15considered to have registered to vote.
16    (j) If the registration is processed by any election
17authority, then it shall be presumed to have been effected and
18officially authorized by the State, and that person shall not
19be found on that basis to have made a false claim to
20citizenship or to have committed an act of moral turpitude,
21nor shall that person be subject to penalty under any relevant
22laws, including, but not limited to, Sections 29-10 and 29-19
23of this Code. This subsection (j) does not apply to a person
24who knows that he or she is not entitled to register to vote
25and who willfully votes, registers to vote, or attests under
26penalty of perjury that he or she is eligible to register to

 

 

10300SB3736sam001- 43 -LRB103 38253 SPS 71211 a

1vote or willfully attempts to vote or to register to vote.
2    (k) The State Board of Elections, the Office of the
3Secretary of State, and each designated automatic voter
4registration agency shall implement policies and procedures to
5protect the privacy and security of voter information as it is
6acquired, stored, and transmitted among agencies, including
7policies for the retention and preservation of voter
8information. Information designated as confidential under this
9Section may be recorded and shared among the State Board of
10Elections, election authorities, the Office of the Secretary
11of State, and designated automatic voter registration
12agencies, but shall be used only for voter registration
13purposes, shall not be disclosed to the public except in the
14aggregate as required by subsection (m) of this Section, and
15shall not be subject to the Freedom of Information Act. The
16following information shall be designated as confidential:
17        (1) any portion of an applicant's Social Security
18    number;
19        (2) any portion of an applicant's driver's license
20    number or State identification number;
21        (3) an applicant's decision to decline voter
22    registration;
23        (4) the identity of the person providing information
24    relating to a specific applicant; and
25        (5) the personal residence and contact information of
26    any applicant for whom notice has been given by an

 

 

10300SB3736sam001- 44 -LRB103 38253 SPS 71211 a

1    appropriate legal authority; and .
2        (6) the personal residence and contact information
3    relating to an applicant who returns a notice described
4    subsection (g) declining to register to vote that was
5    received by the election authority within 23 days after
6    mailing the notice or for whom the 23-day period has not
7    passed.
8    This subsection (k) shall not apply to information the
9State Board of Elections is required to share with the
10Electronic Registration Information Center.
11    (l) The voter registration procedures implemented under
12this Section shall comport with the federal National Voter
13Registration Act of 1993, as amended, and shall specifically
14require that the State Board of Elections track registration
15data received through the online registration system that
16originated from a designated automatic voter registration
17agency for the purposes of maintaining statistics.
18    Nothing in this Code shall require designated voter
19registration agencies to transmit information that is
20confidential client information under State or federal law
21without the consent of the applicant.
22    (m) The State Board of Elections, each election authority
23that maintains a website, the Office of the Secretary of
24State, and each designated automatic voter registration agency
25that maintains a website shall provide information on their
26websites informing the public about the new registration

 

 

10300SB3736sam001- 45 -LRB103 38253 SPS 71211 a

1procedures described in this Section. The Office of the
2Secretary of State and each designated automatic voter
3registration agency shall display signage or provide
4literature for the public containing information about the new
5registration procedures described in this Section.
6    (n) No later than 6 months after the effective date of this
7amendatory Act of the 100th General Assembly, the State Board
8of Elections shall hold at least one public hearing on
9implementing this amendatory Act of the 100th General Assembly
10at which the public may provide input.
11    (o) The State Board of Elections shall submit an annual
12public report to the General Assembly and the Governor
13detailing the progress made to implement this Section. The
14report shall include all of the following: the number of
15records transferred under this Section by agency, the number
16of voters newly added to the statewide voter registration list
17because of records transferred under this Section by agency,
18the number of updated registrations under this Section by
19agency, the number of persons who opted out of voter
20registration, and the number of voters who submitted voter
21registration forms using the online procedure described in
22Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
23may include less detail if election authorities are not
24equipped to provide complete information to the State Board of
25Elections. Any report produced under this subsection (o) shall
26exclude any information that identifies any individual

 

 

10300SB3736sam001- 46 -LRB103 38253 SPS 71211 a

1personally.
2    (p) The State Board of Elections, in consultation with
3election authorities, the Office of the Secretary of State,
4designated automatic voter registration agencies, and
5community organizations, shall adopt rules as necessary to
6implement the provisions of this Section.
7    (q) The changes made to this Section by this amendatory
8Act of the 103rd General Assembly shall be implemented no
9later than January 1, 2026.
10(Source: P.A. 100-464, eff. 8-28-17.)
 
11    (10 ILCS 5/1A-16.8)
12    Sec. 1A-16.8. Automatic transfer of registration based
13upon information from the National Change of Address database
14and designated automatic voter registration agencies.
15    (a) The State Board of Elections shall cross-reference the
16statewide voter registration database against the United
17States Postal Service's National Change of Address database
18twice each calendar year, April 15 and October 1 in
19odd-numbered years and April 15 and December 1 in
20even-numbered years or with the same frequency as in
21subsection (b) of this Section, and shall share the findings
22with the election authorities.
23    (b) In addition, beginning no later than September 1,
242017, the State Board of Elections shall utilize data provided
25as part of its membership in the Electronic Registration

 

 

10300SB3736sam001- 47 -LRB103 38253 SPS 71211 a

1Information Center in order to cross-reference the statewide
2voter registration database against databases of relevant
3personal information kept by designated automatic voter
4registration agencies, including, but not limited to, driver's
5license information kept by the Secretary of State, at least 6
6times each calendar year and shall share the findings with
7election authorities.
8    This subsection (b) shall no longer apply once Sections
91A-16.1 and 1A-16.2 of this Code are fully implemented as
10determined by the State Board of Elections. Upon a
11determination by the State Board of Elections of full
12implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
13the State Board of Elections shall file notice of full
14implementation and the inapplicability of this subsection (b)
15with the Index Department of the Office of the Secretary of
16State, the Governor, the General Assembly, and the Legislative
17Reference Bureau.
18    (b-5) The State Board of Elections shall not be required
19to share any data on any voter attained using the National
20Change of Address database under subsection (a) of this
21Section if that voter has a more recent government transaction
22indicated using the cross-reference under subsection (b) of
23this Section. If there is contradictory or unclear data
24between data obtained under subsections (a) and (b) of this
25Section, then data obtained under subsection (b) of this
26Section shall take priority.

 

 

10300SB3736sam001- 48 -LRB103 38253 SPS 71211 a

1    (c) An election authority shall automatically register any
2voter who has moved into its jurisdiction from another
3jurisdiction in Illinois or has moved within its jurisdiction
4provided that:
5        (1) the election authority whose jurisdiction includes
6    the new registration address provides the voter an
7    opportunity to reject the change in registration address
8    through a mailing, sent by non-forwardable mail, to the
9    new registration address, and
10        (2) when the election authority whose jurisdiction
11    includes the previous registration address is a different
12    election authority, then that election authority provides
13    the same opportunity through a mailing, sent by
14    forwardable mail, to the previous registration address.
15    This change in registration shall trigger the same
16inter-jurisdictional or intra-jurisdictional workflows as if
17the voter completed a new registration card, including the
18cancellation of the voter's previous registration. Should the
19registration of a voter be changed from one address to another
20within the State and should the voter appear at the polls and
21offer to vote from the prior registration address, attesting
22that the prior registration address is the true current
23address, the voter, if confirmed by the election authority as
24having been registered at the prior registration address and
25canceled only by the process authorized by this Section, shall
26be issued a regular ballot, and the change of registration

 

 

10300SB3736sam001- 49 -LRB103 38253 SPS 71211 a

1address shall be canceled. If the election authority is unable
2to immediately confirm the registration, the voter shall be
3permitted to register and vote a regular ballot, provided that
4he or she meets the documentary requirements for same-day
5registration. If the election authority is unable to confirm
6the registration and the voter does not meet the requirements
7for same-day registration, the voter shall be issued a
8provisional ballot.
9    (c-5) An agency that does not receive documentation that
10an applicant is a United States citizen, as described in
11subsection (g) of Section 1A-16.1, may enter into an agreement
12with the State Board of Elections to transmit information that
13shall serve only to update an applicant's existing voter
14registration record. Under the agreement, the agency shall
15transmit information on all clients who may be registered to
16vote with a clear indication that the information shall be
17used only for updates. The State Board of Elections shall
18determine which applicants are already registered to vote and,
19for any voter whose information provided to the agency differs
20from that on the voter registration record, provide that
21information to the voter's local election authority who shall
22update a registered voter's records in accordance with the
23procedures described in Section 1A-16.7. The State Board of
24Election and local election authority shall take no action
25under this subsection for any applicant not already registered
26to vote.

 

 

10300SB3736sam001- 50 -LRB103 38253 SPS 71211 a

1    This subsection shall be implemented no later than January
21, 2026.
3    (d) No voter shall be disqualified from voting due to an
4error relating to an update of registration under this
5Section.
6(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
 
7    Section 10. The Illinois Vehicle Code is amended by
8changing Section 2-105 as follows:
 
9    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
10    Sec. 2-105. Offices of Secretary of State.
11    (a) The Secretary of State shall maintain offices in the
12State capital and in such other places in the State as he may
13deem necessary to properly carry out the powers and duties
14vested in him.
15    (b) The Secretary of State may construct and equip one or
16more buildings in the State of Illinois outside of the County
17of Sangamon as he deems necessary to properly carry out the
18powers and duties vested in him. The Secretary of State may, on
19behalf of the State of Illinois, acquire public or private
20property needed therefor by lease, purchase or eminent domain.
21The care, custody and control of such sites and buildings
22constructed thereon shall be vested in the Secretary of State.
23Expenditures for the construction and equipping of any of such
24buildings upon premises owned by another public entity shall

 

 

10300SB3736sam001- 51 -LRB103 38253 SPS 71211 a

1not be subject to the provisions of any State law requiring
2that the State be vested with absolute fee title to the
3premises. The exercise of the authority vested in the
4Secretary of State by this Section is subject to the
5appropriation of the necessary funds.
6    (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
7the Election Code, the Secretary of State shall make driver
8services facilities available for use as places of accepting
9applications for voter registration.
10    (d) (Blank).
11    (e) Each applicant person applying at a driver services
12facility for a driver's license or permit, a corrected
13driver's license or permit, an Illinois Identification Card
14identification card or a corrected Illinois Identification
15Card who has presented documentation establishing United
16States citizenship as set forth in subsection (g) of Section
171A-16.1 of the Election Code identification card shall be
18notified, under the procedures set forth in Sections 1A-16.1
19and 1A-16.7 of the Election Code, that the applicant's unless
20he or she affirmatively declines, his or her personal
21information shall be transferred to the State Board of
22Elections for the purpose of creating an electronic voter
23registration application. Each applicant applying at a driver
24services facility for a driver's license or permit, a
25corrected driver's license or permit or a State Identification
26Card or a corrected Illinois Identification Card who presented

 

 

10300SB3736sam001- 52 -LRB103 38253 SPS 71211 a

1documentation that neither establishes that the applicant is a
2United States citizen nor establishes that the applicant is
3not a United States citizen, but who affirmatively indicated
4they wished to apply to register to vote and attested, in
5writing, to United States citizenship, shall be notified,
6under the procedures set forth in Sections 1A-16.1 and 1A-16.7
7of the Election Code that the applicant's personal information
8will be transmitted to the State Board of Elections for the
9purpose of creating an electronic voter registration
10application. Such notification may be made in writing or
11verbally issued by an employee or the Secretary of State.
12    The Secretary of State shall promulgate
such rules as may
13be necessary for the efficient execution of his duties and the
14duties of his employees under this Section.
15    (f) Any person applying at a driver services facility for
16issuance or renewal of a driver's license or Illinois
17Identification Card shall be provided, without charge, with a
18brochure warning the person of the dangers of financial
19identity theft. The Department of Financial and Professional
20Regulation shall prepare these brochures and provide them to
21the Secretary of State for distribution. The brochures shall
22(i) identify signs warning the reader that he or she might be
23an intended victim of the crime of financial identity theft,
24(ii) instruct the reader in how to proceed if the reader
25believes that he or she is the victim of the crime of identity
26theft, and (iii) provide the reader with names and telephone

 

 

10300SB3736sam001- 53 -LRB103 38253 SPS 71211 a

1numbers of law enforcement and other governmental agencies
2that provide assistance to victims of financial identity
3theft.
4    (g) (Blank). The changes made by this amendatory Act of
5the 100th General Assembly shall be implemented no later than
6July 1, 2018.
7    (h) The changes made to this Section by this amendatory
8Act of the 103rd General Assembly shall be implemented no
9later than January 1, 2026.
10(Source: P.A. 100-464, eff. 8-28-17.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".