Illinois General Assembly - Full Text of SB2431
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Full Text of SB2431  102nd General Assembly

SB2431 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2431

 

Introduced 2/26/2021, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-16.1
10 ILCS 5/1A-16.2
10 ILCS 5/1A-16.7
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 (to allow the applicant to register to vote or change the applicant's registered residence address or name as it appears on voter registration rolls). 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, 2022. Makes other and conforming changes throughout the Code and in the Illinois Vehicle Code. Effective immediately.


LRB102 16392 SMS 21781 b

 

 

A BILL FOR

 

SB2431LRB102 16392 SMS 21781 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, and 1A-16.7 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, meets the
21requirements of the federal REAL ID Act of 2005, then that
22application shall serve as a dual-purpose application unless
23the applicant declines in accordance with subsection (g) of

 

 

SB2431- 2 -LRB102 16392 SMS 21781 b

1Section 1A-16.7. The dual-purpose application shall:
2        (1) also serve as an application to register to vote
3    in Illinois; and
4        (2) allow an applicant to change the applicant's his
5    or her registered residence address or name as it appears
6    on the voter registration rolls. ;
7        (3) provide the applicant with an opportunity to
8    affirmatively decline to register to vote or to change his
9    or her registered residence address or name by providing a
10    check box on the application form without requiring the
11    applicant to state the reason; and
12        (4) unless the applicant declines to register to vote
13    or change his or her registered residence address or name,
14    require the applicant to attest, by signature under
15    penalty of perjury as described in subsection (e) of this
16    Section, to meeting the qualifications to register to vote
17    in Illinois at his or her residence address as indicated
18    on his or her driver's license or identification card
19    dual-purpose application.
20    (b-5) If, as part of an application, an application for
21renewal, a change of address form, or a recertification form
22for a driver's license, other than a temporary visitor's
23driver's license, or a State identification card issued by the
24Office of the Secretary of State, an applicant presents an
25identification document that neither demonstrates United
26States citizenship nor demonstrates lack of United States

 

 

SB2431- 3 -LRB102 16392 SMS 21781 b

1citizenship, does not meet the requirements of the federal
2REAL ID Act of 2005, then that application shall serve as a
3dual-purpose application. The dual-purpose application shall:
4        (1) also serve as an application to register to vote
5    in Illinois;
6        (2) allow an applicant to change his or her registered
7    residence address or name as it appears on the voter
8    registration rolls; and
9        (3) if the applicant chooses to register to vote or to
10    change his or her registered residence address or name,
11    then require the applicant to attest, by a separate
12    signature under penalty of perjury, to meeting the
13    qualifications to register to vote in Illinois at his or
14    her residence address as indicated on his or her
15    dual-purpose application.
16    (b-10) (Blank). The Office of the Secretary of State shall
17clearly and conspicuously inform each applicant in writing:
18(i) of the qualifications to register to vote in Illinois,
19(ii) of the penalties provided by law for submission of a false
20voter registration application, (iii) that, unless the
21applicant declines to register to vote or update his or her
22voter registration, his or her dual-purpose application shall
23also serve as both an application to register to vote and his
24or her attestation that he or she meets the eligibility
25requirements for voter registration, and that his or her
26application to register to vote or update his or her

 

 

SB2431- 4 -LRB102 16392 SMS 21781 b

1registration will be transmitted to the State Board of
2Elections for the purpose of registering the person to vote at
3the residence address to be indicated on his or her driver's
4license or identification card, and (iv) that declining to
5register to vote is confidential and will not affect any
6services the person may be seeking from the Office of the
7Secretary of State.
8    (c) The Office of the Secretary of State shall review
9information provided to the Office of the Secretary of State
10by the State Board of Elections to inform each applicant under
11subsection (b-5) for a driver's license or permit, other than
12a temporary visitor's driver's license, or a State
13identification card issued by the Office of the Secretary of
14State whether the applicant is currently registered to vote in
15Illinois and, if registered, at what address.
16    (d) The Office of the Secretary of State shall not require
17an applicant for a driver's license or State identification
18card to provide duplicate identification or information in
19order to complete an application to register to vote or change
20his or her registered residence address or name. Before
21transmitting any personal information about an applicant to
22the State Board of Elections, the Office of the Secretary of
23State shall review its records of the identification documents
24the applicant provided in order to complete the application
25for a driver's license or State identification card, to
26confirm that nothing in those documents indicates that the

 

 

SB2431- 5 -LRB102 16392 SMS 21781 b

1applicant does not satisfy the qualifications to register to
2vote in Illinois at his or her residence address. If an
3applicant provides the Secretary of State with an
4identification document demonstrating a lack of United States
5citizenship, the application shall not serve as a dual-purpose
6application under this Section.
7    (e) A completed, signed application for (i) a driver's
8license or permit, other than a temporary visitor's driver's
9license, or a State identification card issued by the Office
10of the Secretary of State as part of which an applicant
11presents an identification document that demonstrates that the
12applicant is a United States citizen and is of age to register
13to vote, that meets the requirements of the federal REAL ID Act
14of 2005; or (ii) a completed application under subsection
15(b-5) of this Section with a separate signature attesting the
16applicant meets the qualifications to register to vote in
17Illinois at his or her residence address as indicated on his or
18her application shall constitute a signed application to
19register to vote in Illinois at the residence address
20indicated in the application unless the person affirmatively
21declined in the application to register to vote or to change
22his or her registered residence address or name. If the
23identification documents provided to complete the dual-purpose
24application indicate that he or she does not satisfy the
25qualifications to register to vote in Illinois at his or her
26residence address, the application shall be marked as

 

 

SB2431- 6 -LRB102 16392 SMS 21781 b

1incomplete.
2    (f) For each completed and signed application that
3constitutes an application to register to vote in Illinois or
4provides for a change in the applicant's registered residence
5address or name, the Office of the Secretary of State shall
6electronically transmit to the State Board of Elections
7personal information needed to complete the person's
8registration to vote in Illinois at his or her residence
9address, including the applicant's choice of language other
10than English during the licensing transaction. The application
11to register to vote shall be processed in accordance with
12Section 1A-16.7.
13    (g) (Blank). If the federal REAL ID Act of 2005 is
14repealed, abrogated, superseded, or otherwise no longer in
15effect, then the State Board of Elections shall establish
16criteria for determining reliable personal information
17indicating citizenship status and shall adopt rules as
18necessary for the Secretary of State to continue processing
19dual-purpose applications under this Section.
20    (h) As used in this Section, "dual-purpose application"
21means an application, an application for renewal, a change of
22address form, or a recertification form for driver's license
23or permit, other than a temporary visitor's driver's license,
24or a State identification card offered by the Secretary of
25State that also serves as an application to register to vote in
26Illinois. "Dual-purpose application" does not mean an

 

 

SB2431- 7 -LRB102 16392 SMS 21781 b

1application under subsection (c) of Section 6-109 of the
2Illinois Vehicle Code.
3(Source: P.A. 100-464, eff. 8-28-17.)
 
4    (10 ILCS 5/1A-16.2)
5    Sec. 1A-16.2. Automatic voter registration; designated
6automatic voter registration agencies.
7    (a) Each designated automatic voter registration agency
8shall, pursuant to an interagency contract and jointly-adopted
9rules with the State Board of Elections, agree to participate
10in an automatic voter registration program established by the
11State Board of Elections that satisfies the requirements of
12this Section and other applicable law. If the designated
13automatic voter registration agency provides applications,
14applications for renewal, change of address forms, filing, or
15recertification forms to individuals for services offered by
16another agency, then the State Board of Elections and the
17designated automatic voter agency shall consult with the other
18agency. The State Board of Elections shall consider the
19current technological capabilities of the designated voter
20registration agency when drafting interagency contracts and
21jointly-adopted rules. The State Board of Elections and the
22designated automatic voter registration agency shall amend
23these contracts and rules as the technological capabilities of
24the designated voter registration agencies improve.
25    (b) As provided in subsection (a) of this Section, each

 

 

SB2431- 8 -LRB102 16392 SMS 21781 b

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

 

 

SB2431- 9 -LRB102 16392 SMS 21781 b

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

 

 

SB2431- 10 -LRB102 16392 SMS 21781 b

1register to vote or update his or her registration will be
2transmitted to the State Board of Elections for the purpose of
3registering the person to vote at the residence address to be
4indicated on the dual-purpose application, (iv) that
5information identifying the agency at which he or she applied
6to register to vote is confidential, (v) that declining to
7register to vote is confidential and will not affect any
8services the person may be seeking from the agency, and (vi)
9any additional information needed in order to comply with
10Section 7 of the federal National Voter Registration Act of
111993.
12    (d) The designated automatic voter registration agency
13shall review information provided to the agency by the State
14Board of Elections to inform each applicant covered by
15subsection (c) whether the applicant is currently registered
16to vote in Illinois and, if registered, at what address.
17    (e) The designated automatic voter registration agency
18shall not require an applicant for a dual-purpose application
19to provide duplicate identification or information in order to
20complete an application to register to vote or change his or
21her registered residence address or name. Before transmitting
22any personal information about an applicant to the State Board
23of Elections, the agency shall review its records of the
24identification documents the applicant provided or that the
25agency cross-references in order to complete the dual-purpose
26application, to confirm that nothing in those documents

 

 

SB2431- 11 -LRB102 16392 SMS 21781 b

1indicates that the applicant does not satisfy the
2qualifications to register to vote in Illinois at his or her
3residence address. A completed and signed dual-purpose
4application, including a completed application under
5subsection (c) of this Section with a separate signature
6attesting that the applicant meets the qualifications to
7register to vote in Illinois at his or her residence address as
8indicated on his or her application, shall constitute an
9application to register to vote in Illinois at the residence
10address indicated in the application unless the person
11affirmatively declined in the application to register to vote
12or to change his or her registered residence address or name.
13If the identification documents provided to complete the
14dual-purpose application, or that the agency cross-references,
15indicate that he or she does not satisfy the qualifications to
16register to vote in Illinois at his or her residence address,
17the application shall be marked as incomplete.
18    (f) For each completed and signed dual-purpose application
19that constitutes an application to register to vote in
20Illinois or provides for a change in the applicant's
21registered residence address or name, the designated automatic
22voter registration agency shall electronically transmit to the
23State Board of Elections personal information needed to
24complete the person's registration to vote in Illinois at his
25or her residence address. The application to register to vote
26shall be processed in accordance with Section 1A-16.7.

 

 

SB2431- 12 -LRB102 16392 SMS 21781 b

1    (f-5) An agency that does not collect or cross-references
2reliable personal information indicating citizenship status
3may enter into an agreement with the State Board of Elections
4to transmit information that shall serve only to update an
5applicant's existing voter registration record. The agency
6shall transmit information on all clients who may be
7registered to vote with a clear indication that the
8information shall be used only for updates. The State Board of
9Elections shall determine which applicants are already
10registered to vote and update a registered voter's records in
11accordance with the procedures in Section 1A-16.7 but shall
12take no action for any applicant not already registered to
13vote.
14    (g) As used in this Section:
15        "Designated automatic voter registration agency" or
16    "agency" means the divisions of Family and Community
17    Services and Rehabilitation Services of the Department of
18    Human Services, the Department of Employment Security, the
19    Department of Financial and Professional Regulation, the
20    Department of Natural Resources, or an agency of the
21    State, local, tribal, or federal government that has been
22    determined by the State Board of Elections to have access
23    to reliable personal information and has entered into an
24    interagency contract with the State Board of Elections to
25    participate in the automatic voter registration program
26    under this Section. If an agency under this Section

 

 

SB2431- 13 -LRB102 16392 SMS 21781 b

1    collects or cross-references reliable personal information
2    indicating citizenship status for more than one person
3    listed on an application for a license, permit, program,
4    or service, each person for whom the agency collects or
5    cross-references reliable personal information indicating
6    citizenship status shall be considered an applicant under
7    this Section and the application shall serve as a
8    dual-purpose application for each such person.
9        "Dual-purpose application" means an application, an
10    application for renewal, a change of address form, or a
11    recertification form for a license, permit, program, or
12    service offered by a designated automatic voter
13    registration agency that also serves as an application to
14    register to vote in Illinois.
15        "Reliable personal information" means information
16    about individuals obtained from government sources that
17    may be used to verify whether an individual is eligible to
18    register to vote.
19    (h) This Section shall be implemented no later than July
201, 2019.
21    (i) The Department of Healthcare and Family Services shall
22implement, as permitted by applicable federal law, an
23automatic voter registration system under this Section for
24applicants for Illinois Medicaid no later than July 1, 2022.
25(Source: P.A. 100-464, eff. 8-28-17.)
 

 

 

SB2431- 14 -LRB102 16392 SMS 21781 b

1    (10 ILCS 5/1A-16.7)
2    Sec. 1A-16.7. Automatic voter registration.
3    (a) The State Board of Elections shall establish and
4maintain a portal for automatic government agency voter
5registration that permits an eligible person to electronically
6apply to register to vote or to update his or her existing
7voter registration as provided in Section 1A-16.1 or Section
81A-16.2. The portal shall interface with the online voter
9registration system established in Section 1A-16.5 of this
10Code and shall be capable of receiving and processing voter
11registration application information, including electronic
12signatures, from the Office of the Secretary of State and each
13designated automatic voter registration agency, as defined in
14Section 1A-16.2. The State Board of Elections may
15cross-reference voter registration information from any
16designated automatic voter registration agency, as defined
17under Section 1A-16.2 of this Code, with information contained
18in the database of the Secretary of State as provided under
19subsection (c) of Section 1A-16.5 of this Code. The State
20Board of Elections shall modify the online voter registration
21system as necessary to implement this Section.
22    (b) Voter registration data received from the Office of
23the Secretary of State or a designated automatic voter
24registration agency through the online registration
25application system shall be processed as provided in Section
261A-16.5 of this Code.

 

 

SB2431- 15 -LRB102 16392 SMS 21781 b

1    (c) The State Board of Elections shall establish technical
2specifications applicable to each automatic government
3registration program, including data format and transmission
4specifications. The Office of the Secretary of State and each
5designated automatic voter registration agency shall maintain
6a data transfer mechanism capable of transmitting voter
7registration application information, including electronic
8signatures where available, to the online voter registration
9system established in Section 1A-16.5 of this Code.
10    (d) The State Board of Elections shall, by rule, establish
11criteria and procedures for determining whether an agency of
12the State or federal government seeking to become a designated
13automatic voter registration agency has access to reliable
14personal information, as defined under this subsection (d) and
15subsection (f) of Section 1A-16.2 of this Code, and otherwise
16meets the requirements to enter into an interagency contract
17and to operate as a designated automatic voter registration
18agency. The State Board of Elections shall approve each
19interagency contract upon affirmative vote of a majority of
20its members.
21    As used in this subsection (d), "reliable personal
22information" means information about individuals obtained from
23government sources that may be used to verify whether an
24individual is eligible to register to vote.
25    (e) Whenever an applicant's data is transferred from the
26Office of the Secretary of State or a designated automatic

 

 

SB2431- 16 -LRB102 16392 SMS 21781 b

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

 

 

SB2431- 17 -LRB102 16392 SMS 21781 b

1Board of Elections shall check the information against the
2statewide voter registration database. The State Board of
3Elections shall create and electronically transmit to the
4appropriate election authority a voter registration
5application for any individual who is not registered to vote
6in Illinois and is not disqualified as provided in this
7Section or whose information reliably indicates a more recent
8update to the name or address of a person already included in
9the statewide voter database. The election authority shall
10process the application accordingly.
11    (g) The appropriate election authority shall ensure that
12any applicant who is registered to vote or whose existing
13voter registration is updated under this Section is promptly
14sent written notice of the change. The notice required by this
15subsection (g) may be sent or combined with other notices
16required or permitted by law, including, but not limited to,
17any notices sent pursuant to Section 1A-16.5 of this Code. Any
18notice required by this subsection (g) shall contain, at a
19minimum: (i) the applicant's name and residential address as
20reflected on the voter registration list; (ii) a statement
21notifying the applicant to contact the appropriate election
22authority if his or her voter registration has been updated in
23error; (ii) (iii) the qualifications to register to vote in
24Illinois; (iv) a statement notifying the applicant that he or
25she may opt out of voter registration or request a change to
26his or her registration information at any time by contacting

 

 

SB2431- 18 -LRB102 16392 SMS 21781 b

1an election official; and (iii) (v) contact information for
2the appropriate election authority, including a phone number,
3address, electronic mail address, and website address. For an
4applicant newly registered pursuant to subsection (b) of
5Section 1A-16.1 or subsection (b) Section 1A-16.2, the notice
6shall contain: (i) a notice that the individual is registered
7to vote unless the individual declines to be registered and
8that if the person wishes to decline to be registered, he or
9she may return a postage-prepaid notice of declination; (ii)
10the notices required by Section 5(c)(2) of the National Voter
11Registration Act of 1993; and (iii) a postage-prepaid
12opportunity to affiliate with a political party, provide a
13signature pursuant to subsection (e), and select a language
14for election materials if applicable to the jurisdiction. For
15an existing registrant whose information has been updated, the
16notice shall include a postage-prepaid opportunity to indicate
17his or her voter registration has been updated in error.
18    (g-5) If an applicant newly registered pursuant to
19subsection (b) of Section 1A-16.1 or subsection (b) of Section
201A-16.2 returns the notice described in subsection (g)
21declining to be registered, the applicant's information shall
22be removed from the statewide voter registration database and
23if such declination form is received back to the election
24authority within 21 days after mailing the notice, the
25applicant shall be deemed never to have been registered.
26    (h) The appropriate election authority shall ensure that

 

 

SB2431- 19 -LRB102 16392 SMS 21781 b

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

 

 

SB2431- 20 -LRB102 16392 SMS 21781 b

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

 

 

SB2431- 21 -LRB102 16392 SMS 21781 b

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

 

 

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

 

 

SB2431- 23 -LRB102 16392 SMS 21781 b

1equipped to provide complete information to the State Board of
2Elections. Any report produced under this subsection (o) shall
3exclude any information that identifies any individual
4personally.
5    (p) The State Board of Elections, in consultation with
6election authorities, the Office of the Secretary of State,
7designated automatic voter registration agencies, and
8community organizations, shall adopt rules as necessary to
9implement the provisions of this Section.
10(Source: P.A. 100-464, eff. 8-28-17.)
 
11    Section 10. The Illinois Vehicle Code is amended by
12changing Section 2-105 as follows:
 
13    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
14    Sec. 2-105. Offices of Secretary of State.
15    (a) The Secretary of State shall maintain offices in the
16State capital and in such other places in the State as he may
17deem necessary to properly carry out the powers and duties
18vested in him.
19    (b) The Secretary of State may construct and equip one or
20more buildings in the State of Illinois outside of the County
21of Sangamon as he deems necessary to properly carry out the
22powers and duties vested in him. The Secretary of State may, on
23behalf of the State of Illinois, acquire public or private
24property needed therefor by lease, purchase or eminent domain.

 

 

SB2431- 24 -LRB102 16392 SMS 21781 b

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

 

 

SB2431- 25 -LRB102 16392 SMS 21781 b

1be necessary for the efficient execution of his duties and the
2duties of his employees under this Section.
3    (f) Any person applying at a driver services facility for
4issuance or renewal of a driver's license or Illinois
5Identification Card shall be provided, without charge, with a
6brochure warning the person of the dangers of financial
7identity theft. The Department of Financial and Professional
8Regulation shall prepare these brochures and provide them to
9the Secretary of State for distribution. The brochures shall
10(i) identify signs warning the reader that he or she might be
11an intended victim of the crime of financial identity theft,
12(ii) instruct the reader in how to proceed if the reader
13believes that he or she is the victim of the crime of identity
14theft, and (iii) provide the reader with names and telephone
15numbers of law enforcement and other governmental agencies
16that provide assistance to victims of financial identity
17theft.
18    (g) The changes made by this amendatory Act of the 100th
19General Assembly shall be implemented no later than July 1,
202018.
21(Source: P.A. 100-464, eff. 8-28-17.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.