Illinois General Assembly - Full Text of HB5141
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Full Text of HB5141  102nd General Assembly

HB5141 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5141

 

Introduced 1/27/2022, by Rep. Edgar Gonzalez, Jr.

 

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. Makes changes to identification requirements for certain applications with the Secretary of State to serve as a dual-purpose application. Provides that if an applicant provides the Secretary of State with an identification document demonstrating a lack of United States citizenship, the application shall not serve as a dual-purpose application. Provides that an agency that does not collect or cross-references reliable personal information indicating citizenship status may enter into an agreement with the State Board of Elections to transmit information that shall serve only to update an applicant's existing voter registration record. Allows the agency to transmit information on all clients who may be registered to vote with a clear indication that the information shall be used only for updates. Requires the Department of Healthcare and Family Services to, as permitted by applicable federal law, implement an automatic voter registration system for applicants for Illinois Medicaid no later than July 1, 2023. Makes other and conforming changes throughout the Code and in the Illinois Vehicle Code. Effective immediately.


LRB102 24619 AWJ 33856 b

 

 

A BILL FOR

 

HB5141LRB102 24619 AWJ 33856 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 rules, shall establish an automatic voter
12registration program that satisfies the requirements of this
13Section 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 that demonstrates United States
20citizenship and is of age to register to vote or the
21information provided to the Office pursuant to subsection (c)
22indicates that the applicant is currently registered to vote
23in Illinois, meets the requirements of the federal REAL ID Act

 

 

HB5141- 2 -LRB102 24619 AWJ 33856 b

1of 2005, then that application shall serve as a dual-purpose
2application unless the applicant declines in accordance with
3subsection (g) of Section 1A-16.7. The dual-purpose
4application shall:
5        (1) also serve as an application to register to vote
6    in Illinois; and
7        (2) allow an applicant to change the applicant's his
8    or her registered residence address or name as it appears
9    on the voter registration rolls. ;
10        (3) provide the applicant with an opportunity to
11    affirmatively decline to register to vote or to change his
12    or her registered residence address or name by providing a
13    check box on the application form without requiring the
14    applicant to state the reason; and
15        (4) unless the applicant declines to register to vote
16    or change his or her registered residence address or name,
17    require the applicant to attest, by signature under
18    penalty of perjury as described in subsection (e) of this
19    Section, to meeting the qualifications to register to vote
20    in Illinois at his or her residence address as indicated
21    on his or her driver's license or identification card
22    dual-purpose application.
23    (b-5) If, as part of an application, an application for
24renewal, a change of address form, or a recertification form
25for a driver's license, other than a temporary visitor's
26driver's license, or a State identification card issued by the

 

 

HB5141- 3 -LRB102 24619 AWJ 33856 b

1Office of the Secretary of State, an applicant presents an
2identification document that neither demonstrates United
3States citizenship nor demonstrates lack of United States
4citizenship and the information provided to the Office
5pursuant to subsection (c) does not indicate that the
6applicant is currently registered to vote in Illinois, does
7not meet the requirements of the federal REAL ID Act of 2005,
8then that application shall serve as a dual-purpose
9application. The dual-purpose application shall:
10        (1) also serve as an application to register to vote
11    in Illinois;
12        (2) (blank); and allow an applicant to change his or
13    her registered residence address or name as it appears on
14    the voter registration rolls; and
15        (3) if the applicant chooses to register to vote or to
16    change his or her registered residence address or name,
17    then require the applicant to attest, by a separate
18    signature under penalty of perjury, to meeting the
19    qualifications to register to vote in Illinois at his or
20    her residence address as indicated on his or her
21    dual-purpose application.
22    (b-10) (Blank). The Office of the Secretary of State shall
23clearly and conspicuously inform each applicant in writing:
24(i) of the qualifications to register to vote in Illinois,
25(ii) of the penalties provided by law for submission of a false
26voter registration application, (iii) that, unless the

 

 

HB5141- 4 -LRB102 24619 AWJ 33856 b

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

 

 

HB5141- 5 -LRB102 24619 AWJ 33856 b

1his or her registered residence address or name. Before
2transmitting any personal information about an applicant to
3the State Board of Elections, the Office of the Secretary of
4State shall review its records of the identification documents
5the applicant provided in order to complete the application
6for a driver's license or State identification card, to
7confirm that nothing in those documents indicates that the
8applicant does not satisfy the qualifications to register to
9vote in Illinois at his or her residence address. If an
10applicant provides the Secretary of State with an
11identification document demonstrating a lack of United States
12citizenship, the application shall not serve as a dual-purpose
13application under this Section.
14    (e) A completed, signed application for (i) a driver's
15license or permit, other than a temporary visitor's driver's
16license, or a State identification card issued by the Office
17of the Secretary of State as part of which an applicant
18presents an identification document that demonstrates that the
19applicant is a United States citizen and is of age to register
20to vote or for which the information provided to the Office
21pursuant to subsection (c) indicates that the applicant is
22currently registered to vote in Illinois, that meets the
23requirements of the federal REAL ID Act of 2005; or (ii) a
24completed application under subsection (b-5) of this Section
25with a separate signature attesting the applicant meets the
26qualifications to register to vote in Illinois at his or her

 

 

HB5141- 6 -LRB102 24619 AWJ 33856 b

1residence address as indicated on his or her application shall
2constitute a signed application to register to vote in
3Illinois at the residence address indicated in the application
4unless the person affirmatively declined in the application to
5register to vote or to change his or her registered residence
6address or name. If the identification documents provided to
7complete the dual-purpose application indicate that he or she
8does not satisfy the qualifications to register to vote in
9Illinois at his or her residence address, the application
10shall be marked as incomplete.
11    (f) For each completed and signed application that
12constitutes an application to register to vote in Illinois or
13provides for a change in the applicant's registered residence
14address or name, the Office of the Secretary of State shall
15electronically transmit to the State Board of Elections
16personal information needed to complete the person's
17registration to vote in Illinois at his or her residence
18address, including the applicant's choice of language other
19than English during the licensing transaction. The application
20to register to vote shall be processed in accordance with
21Section 1A-16.7.
22    (g) (Blank). If the federal REAL ID Act of 2005 is
23repealed, abrogated, superseded, or otherwise no longer in
24effect, then the State Board of Elections shall establish
25criteria for determining reliable personal information
26indicating citizenship status and shall adopt rules as

 

 

HB5141- 7 -LRB102 24619 AWJ 33856 b

1necessary for the Secretary of State to continue processing
2dual-purpose applications under this Section.
3    (h) As used in this Section, "dual-purpose application"
4means an application, an application for renewal, a change of
5address form, or a recertification form for driver's license
6or permit, other than a temporary visitor's driver's license,
7or a State identification card offered by the Secretary of
8State that also serves as an application to register to vote in
9Illinois. "Dual-purpose application" does not mean an
10application under subsection (c) of Section 6-109 of the
11Illinois Vehicle Code.
12(Source: P.A. 100-464, eff. 8-28-17.)
 
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
18rules with the State Board of Elections, agree to participate
19in an automatic voter registration program established by the
20State Board of Elections that satisfies the requirements of
21this Section and other applicable law. If the designated
22automatic voter registration agency provides applications,
23applications for renewal, change of address forms, filing, or
24recertification forms to individuals for services offered by
25another agency, then the State Board of Elections and the

 

 

HB5141- 8 -LRB102 24619 AWJ 33856 b

1designated automatic voter agency shall consult with the other
2agency. The State Board of Elections shall consider the
3current technological capabilities of the designated voter
4registration agency when drafting interagency contracts and
5jointly-adopted rules. The State Board of Elections and the
6designated automatic voter registration agency shall amend
7these contracts and rules as the technological capabilities of
8the designated voter registration agencies improve.
9    (b) As provided in subsection (a) of this Section, each
10designated automatic voter registration agency that collects
11or cross-references reliable personal information indicating
12citizenship status may provide that an application for a
13license, permit, program, or service shall serve as a
14dual-purpose application. The dual-purpose application shall:
15        (1) also serve as an application to register to vote
16    in Illinois; and
17        (2) allow an applicant to change the applicant's his
18    or her registered residence address or name as it appears
19    on the voter registration rolls. ;
20        (3) provide the applicant with an opportunity to
21    affirmatively decline to register to vote or change his or
22    her registered residence address or name by providing a
23    check box on the application form without requiring the
24    applicant to state the reason; and
25        (4) unless the applicant declines to register to vote
26    or to change his or her registered residence address or

 

 

HB5141- 9 -LRB102 24619 AWJ 33856 b

1    name, require the applicant to attest, by signature under
2    penalty of perjury, to meeting the qualifications to
3    register to vote in Illinois at his or her residence
4    address as indicated on his or her dual-purpose
5    application.
6    (c) As provided in subsection (a) of this Section, each
7designated automatic voter registration agency that does not
8collect or cross-reference records containing reliable
9personal information indicating citizenship status may provide
10that an application, an application for renewal, a change of
11address form, or a recertification form for a license, permit,
12program, or service shall serve as a dual-purpose application.
13The dual-purpose application shall:
14        (1) also serve as an application to register to vote
15    in Illinois;
16        (2) allow an applicant to change his or her registered
17    residence address or name as it appears on the voter
18    registration rolls; and
19        (3) if the applicant chooses to register to vote or to
20    change his or her registered residence address or name,
21    then require the applicant to attest, by a separate
22    signature under penalty of perjury, to meeting the
23    qualifications to register to vote in Illinois at his or
24    her residence address as indicated on his or her
25    dual-purpose application.
26    (c-5) (Blank). The designated automatic voter registration

 

 

HB5141- 10 -LRB102 24619 AWJ 33856 b

1agency shall clearly and conspicuously inform each applicant
2in writing: (i) of the qualifications to register to vote in
3Illinois, (ii) of the penalties provided by law for submission
4of a false voter registration application, (iii) that, unless
5the applicant declines to register to vote or update his or her
6voter registration, his or her application shall also serve as
7both an application to register to vote and his or her
8attestation that he or she meets the eligibility requirements
9for voter registration, and that his or her application to
10register to vote or update his or her registration will be
11transmitted to the State Board of Elections for the purpose of
12registering the person to vote at the residence address to be
13indicated on the dual-purpose application, (iv) that
14information identifying the agency at which he or she applied
15to register to vote is confidential, (v) that declining to
16register to vote is confidential and will not affect any
17services the person may be seeking from the agency, and (vi)
18any additional information needed in order to comply with
19Section 7 of the federal National Voter Registration Act of
201993.
21    (d) The designated automatic voter registration agency
22shall review information provided to the agency by the State
23Board of Elections to inform each applicant covered by
24subsection (c) whether the applicant is currently registered
25to vote in Illinois and, if registered, at what address.
26    (e) The designated automatic voter registration agency

 

 

HB5141- 11 -LRB102 24619 AWJ 33856 b

1shall not require an applicant for a dual-purpose application
2to provide duplicate identification or information in order to
3complete an application to register to vote or change his or
4her registered residence address or name. Before transmitting
5any personal information about an applicant to the State Board
6of Elections, the agency shall review its records of the
7identification documents the applicant provided or that the
8agency cross-references in order to complete the dual-purpose
9application, to confirm that nothing in those documents
10indicates that the applicant does not satisfy the
11qualifications to register to vote in Illinois at his or her
12residence address. A completed and signed dual-purpose
13application, including a completed application under
14subsection (c) of this Section with a separate signature
15attesting that the applicant meets the qualifications to
16register to vote in Illinois at his or her residence address as
17indicated on his or her application, shall constitute an
18application to register to vote in Illinois at the residence
19address indicated in the application unless the person
20affirmatively declined in the application to register to vote
21or to change his or her registered residence address or name.
22If the identification documents provided to complete the
23dual-purpose application, or that the agency cross-references,
24indicate that he or she does not satisfy the qualifications to
25register to vote in Illinois at his or her residence address,
26the application shall be marked as incomplete.

 

 

HB5141- 12 -LRB102 24619 AWJ 33856 b

1    (f) For each completed and signed dual-purpose application
2that constitutes an application to register to vote in
3Illinois or provides for a change in the applicant's
4registered residence address or name, the designated automatic
5voter registration agency shall electronically transmit to the
6State Board of Elections personal information needed to
7complete the person's registration to vote in Illinois at his
8or her residence address. The application to register to vote
9shall be processed in accordance with Section 1A-16.7.
10    (g) As used in this Section:
11        "Designated automatic voter registration agency" or
12    "agency" means the divisions of Family and Community
13    Services and Rehabilitation Services of the Department of
14    Human Services, the Department of Employment Security, the
15    Department of Financial and Professional Regulation, the
16    Department of Natural Resources, or an agency of the
17    State, local, tribal, or federal government that has been
18    determined by the State Board of Elections to have access
19    to reliable personal information and has entered into an
20    interagency contract with the State Board of Elections to
21    participate in the automatic voter registration program
22    under this Section. If an agency under this Section
23    collects or cross-references reliable personal information
24    indicating citizenship status for more than one person
25    listed on an application for a license, permit, program,
26    or service, each person for whom the agency collects or

 

 

HB5141- 13 -LRB102 24619 AWJ 33856 b

1    cross-references reliable personal information indicating
2    citizenship status shall be considered an applicant under
3    this Section and the application shall serve as a
4    dual-purpose application for each such person.
5        "Dual-purpose application" means an application, an
6    application for renewal, a change of address form, or a
7    recertification form for a license, permit, program, or
8    service offered by a designated automatic voter
9    registration agency that also serves as an application to
10    register to vote in Illinois.
11        "Reliable personal information" means information
12    about individuals obtained from government sources that
13    may be used to verify whether an individual is eligible to
14    register to vote.
15    (h) This Section shall be implemented no later than July
161, 2019.
17    (i) The Department of Healthcare and Family Services shall
18implement, as permitted by applicable federal law, an
19automatic voter registration system under this Section for
20applicants for Illinois Medicaid no later than July 1, 2023.
21(Source: P.A. 100-464, eff. 8-28-17.)
 
22    (10 ILCS 5/1A-16.7)
23    Sec. 1A-16.7. Automatic voter registration.
24    (a) The State Board of Elections shall establish and
25maintain a portal for automatic government agency voter

 

 

HB5141- 14 -LRB102 24619 AWJ 33856 b

1registration that permits an eligible person to electronically
2apply to register to vote or to update his or her existing
3voter registration as provided in Section 1A-16.1 or Section
41A-16.2. The portal shall interface with the online voter
5registration system established in Section 1A-16.5 of this
6Code and shall be capable of receiving and processing voter
7registration application information, including electronic
8signatures, from the Office of the Secretary of State and each
9designated automatic voter registration agency, as defined in
10Section 1A-16.2. The State Board of Elections may
11cross-reference voter registration information from any
12designated automatic voter registration agency, as defined
13under Section 1A-16.2 of this Code, with information contained
14in the database of the Secretary of State as provided under
15subsection (c) of Section 1A-16.5 of this Code. The State
16Board of Elections shall modify the online voter registration
17system as necessary to implement this Section.
18    (b) Voter registration data received from the Office of
19the Secretary of State or a designated automatic voter
20registration agency through the online registration
21application system shall be processed as provided in Section
221A-16.5 of this Code.
23    (c) The State Board of Elections shall establish technical
24specifications applicable to each automatic government
25registration program, including data format and transmission
26specifications. The Office of the Secretary of State and each

 

 

HB5141- 15 -LRB102 24619 AWJ 33856 b

1designated automatic voter registration agency shall maintain
2a data transfer mechanism capable of transmitting voter
3registration application information, including electronic
4signatures where available, to the online voter registration
5system established in Section 1A-16.5 of this Code.
6    (d) The State Board of Elections shall, by rule, establish
7criteria and procedures for determining whether an agency of
8the State or federal government seeking to become a designated
9automatic voter registration agency has access to reliable
10personal information, as defined under this subsection (d) and
11subsection (f) of Section 1A-16.2 of this Code, and otherwise
12meets the requirements to enter into an interagency contract
13and to operate as a designated automatic voter registration
14agency. The State Board of Elections shall approve each
15interagency contract upon affirmative vote of a majority of
16its 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,

 

 

HB5141- 16 -LRB102 24619 AWJ 33856 b

1or the statewide voter registration database, or other
2database available to the State Board of Elections, the
3applicant must be notified that his or her registration will
4remain in a pending status until the applicant: , and the
5applicant will be required to
6                (i) provides provide identification that
7            complies with the federal Help America Vote Act of
8            2002 and a signature to the election authority on
9            election day in the polling place or during early
10            voting; .
11                (ii) provides identification that complies
12            with the federal Help America Vote Act of 2002 and
13            a signature with a mail ballot, or provides a
14            signature according to the procedures in
15            subsection (g-5) of Section 19-8; or
16                (iii) provides a signature in response to the
17            notice described in subsection (g) or by other
18            paper or electronic means determined by the State
19            Board of Elections.
20    (f) Upon receipt of personal information collected and
21transferred by the Office of the Secretary of State or a
22designated automatic voter registration agency, the State
23Board of Elections shall check the information against the
24statewide voter registration database. The State Board of
25Elections shall create and electronically transmit to the
26appropriate election authority a voter registration

 

 

HB5141- 17 -LRB102 24619 AWJ 33856 b

1application for any individual who is not registered to vote
2in Illinois and is not disqualified as provided in this
3Section or whose information reliably indicates a more recent
4update to the name or address of a person already included in
5the statewide voter database. The election authority shall
6process the application accordingly. If the individual
7provides the designated automatic voter registration agency
8with an address designated by the Attorney General as a
9substitute mailing address under Section 15 of the Address
10Confidentiality for Victims of Domestic Violence, Sexual
11Assault, Human Trafficking, or Stalking Act, or if the State
12Board of Elections otherwise determines that the individual is
13a program participant under Section 10 of the Address
14Confidentiality for Victims of Domestic Violence, Sexual
15Assault, Human Trafficking, or Stalking Act, the application
16shall be deemed an Illinois Address Confidentiality Program
17Voter Registration Application under Section 30 of the Address
18Confidentiality for Victims of Domestic Violence, Sexual
19Assault, Human Trafficking, or Stalking Act and rules and
20procedures applicable to program participants shall apply to
21the individual and the application.
22    (g) The appropriate election authority shall ensure that
23any applicant who is registered to vote or whose existing
24voter registration is updated under this Section is promptly
25sent written notice of the change. The notice required by this
26subsection (g) may be sent or combined with other notices

 

 

HB5141- 18 -LRB102 24619 AWJ 33856 b

1required or permitted by law, including, but not limited to,
2any notices sent pursuant to Section 1A-16.5 of this Code. Any
3notice required by this subsection (g) shall contain, at a
4minimum: (i) the applicant's name and residential address as
5reflected on the voter registration list; (ii) a statement
6notifying the applicant to contact the appropriate election
7authority if his or her voter registration has been updated in
8error; (ii) (iii) the qualifications to register to vote in
9Illinois; (iv) a statement notifying the applicant that he or
10she may opt out of voter registration or request a change to
11his or her registration information at any time by contacting
12an election official; and (iii) (v) contact information for
13the appropriate election authority, including a phone number,
14address, electronic mail address, and website address. For an
15applicant newly registered pursuant to subsection (b) of
16Section 1A-16.1 or subsection (b) of Section 1A-16.2, the
17notice shall contain: (i) a notice that the individual is
18registered to vote unless the individual declines to be
19registered and that if the person wishes to decline to be
20registered, he or she may return a postage-prepaid notice of
21declination; (ii) the notices required by Section 5(c)(2) of
22the National Voter Registration Act of 1993; and (iii) a
23postage prepaid opportunity to provide a signature pursuant to
24subsection (e), and to select a language for election
25materials if applicable to the jurisdiction. For an existing
26registrant whose information has been updated, the notice

 

 

HB5141- 19 -LRB102 24619 AWJ 33856 b

1shall include a postage-prepaid opportunity to indicate his or
2her voter registration has been updated in error.
3    (g-5) If an applicant newly registered pursuant to
4subsection (b) of Section 1A-16.1 or subsection (b) of Section
51A-16.2 returns the notice described in subsection (g)
6declining to be registered, the applicant's voter registration
7record shall be cancelled in the statewide voter registration
8database and if such declination form is received back to the
9election authority within 21 days after mailing the notice,
10the applicant shall be deemed never to have been registered.
11If a person sent a notice required under subsection (g) casts a
12ballot or makes an application for a vote by mail ballot
13between the date of the automatic voter registration agency
14transaction and the 21st day after the mailing of such a
15notice, then the person shall be deemed not to have declined to
16register to vote pursuant to the subsection.
17    (h) The appropriate election authority shall ensure that
18any applicant whose voter registration application is not
19accepted or deemed incomplete is promptly sent written notice
20of the application's status. The notice required by this
21subsection may be sent or combined with other notices required
22or permitted by law, including, but not limited to, any
23notices sent pursuant to Section 1A-16.5 of this Code. Any
24notice required by this subsection (h) shall contain, at a
25minimum, the reason the application was not accepted or deemed
26incomplete and contact information for the appropriate

 

 

HB5141- 20 -LRB102 24619 AWJ 33856 b

1election authority, including a phone number, address,
2electronic mail address, and website address.
3    (i) If the Office of the Secretary of State or a designated
4automatic voter registration agency transfers information, or
5if the State Board of Elections creates and transmits a voter
6registration application, for a person who does not qualify as
7an eligible voter, then it shall not constitute a completed
8voter registration form, and the person shall not be
9considered to have registered to vote.
10    (j) If the registration is processed by any election
11authority, then it shall be presumed to have been effected and
12officially authorized by the State, and that person shall not
13be found on that basis to have made a false claim to
14citizenship or to have committed an act of moral turpitude,
15nor shall that person be subject to penalty under any relevant
16laws, including, but not limited to, Sections 29-10 and 29-19
17of this Code. This subsection (j) does not apply to a person
18who knows that he or she is not entitled to register to vote
19and who willfully votes, registers to vote, or attests under
20penalty of perjury that he or she is eligible to register to
21vote or willfully attempts to vote or to register to vote.
22    (k) The State Board of Elections, the Office of the
23Secretary of State, and each designated automatic voter
24registration agency shall implement policies and procedures to
25protect the privacy and security of voter information as it is
26acquired, stored, and transmitted among agencies, including

 

 

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1policies for the retention and preservation of voter
2information. Information designated as confidential under this
3Section may be recorded and shared among the State Board of
4Elections, election authorities, the Office of the Secretary
5of State, and designated automatic voter registration
6agencies, but shall be used only for voter registration
7purposes, shall not be disclosed to the public except in the
8aggregate as required by subsection (m) of this Section, and
9shall not be subject to the Freedom of Information Act. The
10following information shall be designated as confidential:
11        (1) any portion of an applicant's Social Security
12    number;
13        (2) any portion of an applicant's driver's license
14    number or State identification number;
15        (3) an applicant's decision to decline voter
16    registration;
17        (4) the identity of the person providing information
18    relating to a specific applicant; and
19        (5) the personal residence and contact information of
20    any applicant for whom notice has been given by an
21    appropriate legal authority; and .
22        (6) the personal residence and contact information
23    relating to an applicant who returns a notice under
24    subsection (g) declining to register to vote and received
25    back to the election authority within 21 days after
26    mailing such a notice or for whom such a 21-day period has

 

 

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1    not passed.
2    This subsection (k) shall not apply to information the
3State Board of Elections is required to share with the
4Electronic Registration Information Center.
5    (l) The voter registration procedures implemented under
6this Section shall comport with the federal National Voter
7Registration Act of 1993, as amended, and shall specifically
8require that the State Board of Elections track registration
9data received through the online registration system that
10originated from a designated automatic voter registration
11agency for the purposes of maintaining statistics.
12    Nothing in this Code shall require designated voter
13registration agencies to transmit information that is
14confidential client information under State or federal law
15without the consent of the applicant.
16    (m) The State Board of Elections, each election authority
17that maintains a website, the Office of the Secretary of
18State, and each designated automatic voter registration agency
19that maintains a website shall provide information on their
20websites informing the public about the new registration
21procedures described in this Section. The Office of the
22Secretary of State and each designated automatic voter
23registration agency shall display signage or provide
24literature for the public containing information about the new
25registration procedures described in this Section.
26    (n) No later than 6 months after the effective date of this

 

 

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1amendatory Act of the 100th General Assembly, the State Board
2of Elections shall hold at least one public hearing on
3implementing this amendatory Act of the 100th General Assembly
4at which the public may provide input.
5    (o) The State Board of Elections shall submit an annual
6public report to the General Assembly and the Governor
7detailing the progress made to implement this Section. The
8report shall include all of the following: the number of
9records transferred under this Section by agency, the number
10of voters newly added to the statewide voter registration list
11because of records transferred under this Section by agency,
12the number of updated registrations under this Section by
13agency, the number of persons who opted out of voter
14registration, and the number of voters who submitted voter
15registration forms using the online procedure described in
16Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
17may include less detail if election authorities are not
18equipped to provide complete information to the State Board of
19Elections. Any report produced under this subsection (o) shall
20exclude any information that identifies any individual
21personally.
22    (p) The State Board of Elections, in consultation with
23election authorities, the Office of the Secretary of State,
24designated automatic voter registration agencies, and
25community organizations, shall adopt rules as necessary to
26implement the provisions of this Section.

 

 

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1(Source: P.A. 100-464, eff. 8-28-17.)
 
2    (10 ILCS 5/1A-16.8)
3    Sec. 1A-16.8. Automatic transfer of registration based
4upon information from the National Change of Address database
5and designated automatic voter registration agencies.
6    (a) The State Board of Elections shall cross-reference the
7statewide voter registration database against the United
8States Postal Service's National Change of Address database
9twice each calendar year, April 15 and October 1 in
10odd-numbered years and April 15 and December 1 in
11even-numbered years or with the same frequency as in
12subsection (b) of this Section, and shall share the findings
13with the election authorities.
14    (b) In addition, beginning no later than September 1,
152017, the State Board of Elections shall utilize data provided
16as part of its membership in the Electronic Registration
17Information Center in order to cross-reference the statewide
18voter registration database against databases of relevant
19personal information kept by designated automatic voter
20registration agencies, including, but not limited to, driver's
21license information kept by the Secretary of State, at least 6
22times each calendar year and shall share the findings with
23election authorities.
24    This subsection (b) shall no longer apply once Sections
251A-16.1 and 1A-16.2 of this Code are fully implemented as

 

 

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1determined by the State Board of Elections. Upon a
2determination by the State Board of Elections of full
3implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
4the State Board of Elections shall file notice of full
5implementation and the inapplicability of this subsection (b)
6with the Index Department of the Office of the Secretary of
7State, the Governor, the General Assembly, and the Legislative
8Reference Bureau.
9    (b-5) The State Board of Elections shall not be required
10to share any data on any voter attained using the National
11Change of Address database under subsection (a) of this
12Section if that voter has a more recent government transaction
13indicated using the cross-reference under subsection (b) of
14this Section. If there is contradictory or unclear data
15between data obtained under subsections (a) and (b) of this
16Section, then data obtained under subsection (b) of this
17Section shall take priority.
18    (c) An election authority shall automatically register any
19voter who has moved into its jurisdiction from another
20jurisdiction in Illinois or has moved within its jurisdiction
21provided that:
22        (1) the election authority whose jurisdiction includes
23    the new registration address provides the voter an
24    opportunity to reject the change in registration address
25    through a mailing, sent by non-forwardable mail, to the
26    new registration address, and

 

 

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1        (2) when the election authority whose jurisdiction
2    includes the previous registration address is a different
3    election authority, then that election authority provides
4    the same opportunity through a mailing, sent by
5    forwardable mail, to the previous registration address.
6    This change in registration shall trigger the same
7inter-jurisdictional or intra-jurisdictional workflows as if
8the voter completed a new registration card, including the
9cancellation of the voter's previous registration. Should the
10registration of a voter be changed from one address to another
11within the State and should the voter appear at the polls and
12offer to vote from the prior registration address, attesting
13that the prior registration address is the true current
14address, the voter, if confirmed by the election authority as
15having been registered at the prior registration address and
16canceled only by the process authorized by this Section, shall
17be issued a regular ballot, and the change of registration
18address shall be canceled. If the election authority is unable
19to immediately confirm the registration, the voter shall be
20permitted to register and vote a regular ballot, provided that
21he or she meets the documentary requirements for same-day
22registration. If the election authority is unable to confirm
23the registration and the voter does not meet the requirements
24for same-day registration, the voter shall be issued a
25provisional ballot.
26    (c-5) An agency that does not collect or cross-reference

 

 

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1reliable personal information indicating citizenship status
2may enter into an agreement with the State Board of Elections
3to transmit information that shall serve only to update an
4applicant's existing voter registration record. The agency
5shall transmit information on all clients who may be
6registered to vote with a clear indication that the
7information shall be used only for updates. The State Board of
8Elections shall determine which applicants are already
9registered to vote and, for any voter whose information
10provided to the agency differs from that on the voter
11registration record, provide that information to the voter's
12local election authority who shall update a registered voter's
13records in accordance with the procedures in Section 1A-16.7.
14The State Board of Election and local election authority shall
15take no action under this subsection for any applicant not
16already registered to vote.
17    (d) No voter shall be disqualified from voting due to an
18error relating to an update of registration under this
19Section.
20(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
 
21    Section 10. The Illinois Vehicle Code is amended by
22changing Section 2-105 as follows:
 
23    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
24    Sec. 2-105. Offices of Secretary of State.

 

 

HB5141- 28 -LRB102 24619 AWJ 33856 b

1    (a) The Secretary of State shall maintain offices in the
2State capital and in such other places in the State as he may
3deem necessary to properly carry out the powers and duties
4vested in him.
5    (b) The Secretary of State may construct and equip one or
6more buildings in the State of Illinois outside of the County
7of Sangamon as he deems necessary to properly carry out the
8powers and duties vested in him. The Secretary of State may, on
9behalf of the State of Illinois, acquire public or private
10property needed therefor by lease, purchase or eminent domain.
11The care, custody and control of such sites and buildings
12constructed thereon shall be vested in the Secretary of State.
13Expenditures for the construction and equipping of any of such
14buildings upon premises owned by another public entity shall
15not be subject to the provisions of any State law requiring
16that the State be vested with absolute fee title to the
17premises. The exercise of the authority vested in the
18Secretary of State by this Section is subject to the
19appropriation of the necessary funds.
20    (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
21the Election Code, the Secretary of State shall make driver
22services facilities available for use as places of accepting
23applications for voter registration.
24    (d) (Blank).
25    (e) Each person applying at a driver services facility for
26a driver's license or permit, a corrected driver's license or

 

 

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1permit, an Illinois identification card or a corrected
2Illinois identification card shall be notified, under the
3procedures set forth in Sections 1A-16.1 and 1A-16.7 of the
4Election Code, that unless he or she affirmatively declines,
5his or her personal information shall be transferred to the
6State Board of Elections for the purpose of creating an
7electronic voter registration application. Such notification
8may be made in writing or verbally issued by an employee or the
9Secretary of State.
10    The Secretary of State shall promulgate such rules as may
11be necessary for the efficient execution of his duties and the
12duties of his employees under this Section.
13    (f) Any person applying at a driver services facility for
14issuance or renewal of a driver's license or Illinois
15Identification Card shall be provided, without charge, with a
16brochure warning the person of the dangers of financial
17identity theft. The Department of Financial and Professional
18Regulation shall prepare these brochures and provide them to
19the Secretary of State for distribution. The brochures shall
20(i) identify signs warning the reader that he or she might be
21an intended victim of the crime of financial identity theft,
22(ii) instruct the reader in how to proceed if the reader
23believes that he or she is the victim of the crime of identity
24theft, and (iii) provide the reader with names and telephone
25numbers of law enforcement and other governmental agencies
26that provide assistance to victims of financial identity

 

 

HB5141- 30 -LRB102 24619 AWJ 33856 b

1theft.
2    (g) The changes made by this amendatory Act of the 100th
3General Assembly shall be implemented no later than July 1,
42018.
5(Source: P.A. 100-464, eff. 8-28-17.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.