Full Text of SB1933 100th General Assembly
SB1933eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other records | 19 | | prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a local | 21 | | emergency energy plan ordinance that is adopted under | 22 | | Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by wireless | 25 | | carriers under the Wireless Emergency Telephone Safety | 26 | | Act. |
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| 1 | | (k) Law enforcement officer identification information | 2 | | or driver identification information compiled by a law | 3 | | enforcement agency or the Department of Transportation | 4 | | under Section 11-212 of the Illinois Vehicle Code. | 5 | | (l) Records and information provided to a residential | 6 | | health care facility resident sexual assault and death | 7 | | review team or the Executive Council under the Abuse | 8 | | Prevention Review Team Act. | 9 | | (m) Information provided to the predatory lending | 10 | | database created pursuant to Article 3 of the Residential | 11 | | Real Property Disclosure Act, except to the extent | 12 | | authorized under that Article. | 13 | | (n) Defense budgets and petitions for certification of | 14 | | compensation and expenses for court appointed trial | 15 | | counsel as provided under Sections 10 and 15 of the Capital | 16 | | Crimes Litigation Act. This subsection (n) shall apply | 17 | | until the conclusion of the trial of the case, even if the | 18 | | prosecution chooses not to pursue the death penalty prior | 19 | | to trial or sentencing. | 20 | | (o) Information that is prohibited from being | 21 | | disclosed under Section 4 of the Illinois Health and | 22 | | Hazardous Substances Registry Act. | 23 | | (p) Security portions of system safety program plans, | 24 | | investigation reports, surveys, schedules, lists, data, or | 25 | | information compiled, collected, or prepared by or for the | 26 | | Regional Transportation Authority under Section 2.11 of |
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| 1 | | the Regional Transportation Authority Act or the St. Clair | 2 | | County Transit District under the Bi-State Transit Safety | 3 | | Act. | 4 | | (q) Information prohibited from being disclosed by the | 5 | | Personnel Records Review Act. | 6 | | (r) Information prohibited from being disclosed by the | 7 | | Illinois School Student Records Act. | 8 | | (s) Information the disclosure of which is restricted | 9 | | under Section 5-108 of the Public Utilities Act.
| 10 | | (t) All identified or deidentified health information | 11 | | in the form of health data or medical records contained in, | 12 | | stored in, submitted to, transferred by, or released from | 13 | | the Illinois Health Information Exchange, and identified | 14 | | or deidentified health information in the form of health | 15 | | data and medical records of the Illinois Health Information | 16 | | Exchange in the possession of the Illinois Health | 17 | | Information Exchange Authority due to its administration | 18 | | of the Illinois Health Information Exchange. The terms | 19 | | "identified" and "deidentified" shall be given the same | 20 | | meaning as in the Health Insurance Portability and | 21 | | Accountability Act of 1996, Public Law 104-191, or any | 22 | | subsequent amendments thereto, and any regulations | 23 | | promulgated thereunder. | 24 | | (u) Records and information provided to an independent | 25 | | team of experts under Brian's Law. | 26 | | (v) Names and information of people who have applied |
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| 1 | | for or received Firearm Owner's Identification Cards under | 2 | | the Firearm Owners Identification Card Act or applied for | 3 | | or received a concealed carry license under the Firearm | 4 | | Concealed Carry Act, unless otherwise authorized by the | 5 | | Firearm Concealed Carry Act; and databases under the | 6 | | Firearm Concealed Carry Act, records of the Concealed Carry | 7 | | Licensing Review Board under the Firearm Concealed Carry | 8 | | Act, and law enforcement agency objections under the | 9 | | Firearm Concealed Carry Act. | 10 | | (w) Personally identifiable information which is | 11 | | exempted from disclosure under subsection (g) of Section | 12 | | 19.1 of the Toll Highway Act. | 13 | | (x) Information which is exempted from disclosure | 14 | | under Section 5-1014.3 of the Counties Code or Section | 15 | | 8-11-21 of the Illinois Municipal Code. | 16 | | (y) Confidential information under the Adult | 17 | | Protective Services Act and its predecessor enabling | 18 | | statute, the Elder Abuse and Neglect Act, including | 19 | | information about the identity and administrative finding | 20 | | against any caregiver of a verified and substantiated | 21 | | decision of abuse, neglect, or financial exploitation of an | 22 | | eligible adult maintained in the Registry established | 23 | | under Section 7.5 of the Adult Protective Services Act. | 24 | | (z) Records and information provided to a fatality | 25 | | review team or the Illinois Fatality Review Team Advisory | 26 | | Council under Section 15 of the Adult Protective Services |
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| 1 | | Act. | 2 | | (aa) Information which is exempted from disclosure | 3 | | under Section 2.37 of the Wildlife Code. | 4 | | (bb) Information which is or was prohibited from | 5 | | disclosure by the Juvenile Court Act of 1987. | 6 | | (cc) Recordings made under the Law Enforcement | 7 | | Officer-Worn Body Camera Act, except to the extent | 8 | | authorized under that Act. | 9 | | (dd) Information that is prohibited from being | 10 | | disclosed under Section 45 of the Condominium and Common | 11 | | Interest Community Ombudsperson Act. | 12 | | (ee) (dd) Information that is exempted from disclosure | 13 | | under Section 30.1 of the Pharmacy Practice Act. | 14 | | (ff) Records that are exempt from disclosure under | 15 | | Section 1A-16.6 of the Election Code. | 16 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 17 | | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | 18 | | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | 19 | | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | 20 | | 8-19-16; revised 9-1-16.) | 21 | | Section 10. The Election Code is amended by changing | 22 | | Sections 1A-16.6 and 1A-16.8 and by adding Sections 1-16, | 23 | | 1A-16.1, 1A-16.2, and 1A-16.9 as follows: | 24 | | (10 ILCS 5/1-16 new) |
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| 1 | | Sec. 1-16. Election authorities; notices by electronic | 2 | | mail. If an election authority is required by law to send an | 3 | | election-related notice to an individual, that election | 4 | | authority may send that notice solely by electronic mail if the | 5 | | individual provides a current e-mail address to the election | 6 | | authority and authorizes the election authority to send notices | 7 | | by electronic mail. For the purposes of this Section, the term | 8 | | "notice" does not include a ballot or any notice required under | 9 | | Sections 16.5 or 16.6 of this Code. | 10 | | (10 ILCS 5/1A-16.1 new) | 11 | | Sec. 1A-16.1. Automatic voter registration; Secretary of | 12 | | State. | 13 | | (a) The Office of the Secretary of State and the State | 14 | | Board of Elections, pursuant to an interagency contract and | 15 | | jointly-adopted rules, shall establish an automatic voter | 16 | | registration program that satisfies the requirements of this | 17 | | Section and other applicable law. | 18 | | (b) If an application for a driver's license, other than a | 19 | | temporary visitor's driver's license, or a State | 20 | | identification card issued by the Office of the Secretary of | 21 | | State meets the requirements of the federal REAL ID Act of | 22 | | 2005, then that application shall serve as a dual-purpose | 23 | | application. The dual-purpose application shall: | 24 | | (1) also serve as an application to register to vote in | 25 | | Illinois; |
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| 1 | | (2) allow an applicant to change his or her registered | 2 | | residence address or name as it appears on the voter | 3 | | registration rolls; | 4 | | (3) provide the applicant with an opportunity to | 5 | | affirmatively decline to register to vote or to change his | 6 | | or her registered residence address or name by providing a | 7 | | check box on the application form without requiring the | 8 | | applicant to state the reason; and | 9 | | (4) unless the applicant declines to register to vote | 10 | | or change his or her registered residence address or name, | 11 | | require the applicant to attest, by signature under penalty | 12 | | of perjury as described in subsection (e) of this Section, | 13 | | to meeting the qualifications to register to vote in | 14 | | Illinois at his or her residence address as indicated on | 15 | | his or her driver's license or identification card | 16 | | dual-purpose application. | 17 | | (b-5) If an application for a driver's license, other than | 18 | | a temporary visitor's driver's license, or a State | 19 | | identification card issued by the Office of the Secretary of | 20 | | State does not meet the requirements of the federal REAL ID Act | 21 | | of 2005, then that application shall serve as a dual-purpose | 22 | | application. The dual-purpose application shall: | 23 | | (1) also serve as an application to register to vote in | 24 | | Illinois; | 25 | | (2) allow an applicant to change his or her registered | 26 | | residence address or name as it appears on the voter |
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| 1 | | registration rolls; and | 2 | | (3) if the applicant chooses to register to vote or to | 3 | | change his or her registered residence address or name, | 4 | | then require the applicant to attest, by a separate | 5 | | signature under penalty of perjury, to meeting the | 6 | | qualifications to register to vote in Illinois at his or | 7 | | her residence address as indicated on his or her | 8 | | dual-purpose application. | 9 | | (b-10) The Office of the Secretary of State shall clearly | 10 | | and conspicuously inform each applicant in writing: (i) of the | 11 | | qualifications to register to vote in Illinois, (ii) of the | 12 | | penalties provided by law for submission of a false voter | 13 | | registration application, (iii) that, unless the applicant | 14 | | declines to register to vote or update his or her voter | 15 | | registration, his or her dual-purpose application shall also | 16 | | serve as both an application to register to vote and his or her | 17 | | attestation that he or she meets the eligibility requirements | 18 | | for voter registration, and that his or her application to | 19 | | register to vote or update his or her registration will be | 20 | | transmitted to the State Board of Elections for the purpose of | 21 | | registering the person to vote at the residence address to be | 22 | | indicated on his or her driver's license or identification | 23 | | card, and (iv) that declining to register to vote is | 24 | | confidential and will not affect any services the person may be | 25 | | seeking from the Office of the Secretary of State. | 26 | | (c) The Office of the Secretary of State shall review |
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| 1 | | information provided to the Office of the Secretary of State by | 2 | | the State Board of Elections to inform each applicant for a | 3 | | driver's license or permit, other than a temporary visitor's | 4 | | driver's license, or a State identification card issued by the | 5 | | Office of the Secretary of State whether the applicant is | 6 | | currently registered to vote in Illinois and, if registered, at | 7 | | what address. | 8 | | (d) The Office of the Secretary of State shall not require | 9 | | an applicant for a driver's license or State identification | 10 | | card to provide duplicate identification or information in | 11 | | order to complete an application to register to vote or change | 12 | | his or her registered residence address or name. Before | 13 | | transmitting any personal information about an applicant to the | 14 | | State Board of Elections, the Office of the Secretary of State | 15 | | shall review its records of the identification documents the | 16 | | applicant provided in order to complete the application for a | 17 | | driver's license or State identification card, to confirm that | 18 | | nothing in those documents indicates that the applicant does | 19 | | not satisfy the qualifications to register to vote in Illinois | 20 | | at his or her residence address. | 21 | | (e) A completed, signed application for (i) a driver's | 22 | | license or permit, other than a temporary visitor's driver's | 23 | | license, or a State identification card issued by the Office of | 24 | | the Secretary of State, that meets the requirements of the | 25 | | federal REAL ID Act of 2005; or (ii) a completed application | 26 | | under subsection (b-5) of this Section with a separate |
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| 1 | | signature attesting the applicant meets the qualifications to | 2 | | register to vote in Illinois at his or her residence address as | 3 | | indicated on his or her application shall constitute a signed | 4 | | application to register to vote in Illinois at the residence | 5 | | address indicated in the application unless the person | 6 | | affirmatively declined in the application to register to vote | 7 | | or to change his or her registered residence address or name. | 8 | | If the identification documents provided to complete the | 9 | | dual-purpose application indicate that he or she does not | 10 | | satisfy the qualifications to register to vote in Illinois at | 11 | | his or her residence address, the application shall be marked | 12 | | as incomplete and the Office of the Secretary of State shall | 13 | | transmit all such records to the State Board of Elections. | 14 | | (f) For each completed and signed application that | 15 | | constitutes an application to register to vote in Illinois or | 16 | | provides for a change in the applicant's registered residence | 17 | | address or name, the Office of the Secretary of State shall | 18 | | electronically transmit to the State Board of Elections | 19 | | personal information needed to complete the person's | 20 | | registration to vote in Illinois at his or her residence | 21 | | address. The application to register to vote shall be processed | 22 | | in accordance with Section 1A-16.6. | 23 | | (g) If the federal REAL ID Act of 2005 is repealed, | 24 | | abrogated, superseded, or otherwise no longer in effect, then | 25 | | the State Board of Elections shall establish criteria for | 26 | | determining reliable personal information indicating |
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| 1 | | citizenship status and shall adopt rules as necessary for the | 2 | | Secretary of State to continue processing dual-purpose | 3 | | applications under this Section. | 4 | | (h) As used in this Section, "dual-purpose application" | 5 | | means an application for driver's license or permit, other than | 6 | | a temporary visitor's driver's license, or a State | 7 | | identification card offered by the Secretary of State that also | 8 | | serves as an application to register to vote in Illinois. | 9 | | (10 ILCS 5/1A-16.2 new) | 10 | | Sec. 1A-16.2. Automatic voter registration; designated | 11 | | automatic voter registration agencies. | 12 | | (a) Each designated automatic voter registration agency | 13 | | may, pursuant to an interagency contract and jointly-adopted | 14 | | rules with the State Board of Elections, agree to participate | 15 | | in an automatic voter registration program established by the | 16 | | State Board of Elections that satisfies the requirements of | 17 | | this Section and other applicable law. | 18 | | (b) As provided in subsection (a), each designated | 19 | | automatic voter registration agency that collects or | 20 | | cross-references reliable personal information indicating | 21 | | citizenship status may provide that an application for a | 22 | | license, permit, program, or service offered by that agency | 23 | | shall serve as a dual-purpose application. The dual-purpose | 24 | | application shall: | 25 | | (1) also serve as an application to register to vote in |
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| 1 | | Illinois; | 2 | | (2) allow an applicant to change his or her registered | 3 | | residence address or name as it appears on the voter | 4 | | registration rolls; | 5 | | (3) provide the applicant with an opportunity to | 6 | | affirmatively decline to register to vote or change his or | 7 | | her registered residence address or name by providing a | 8 | | check box on the application form without requiring the | 9 | | applicant to state the reason; and | 10 | | (4) unless the applicant declines to register to vote | 11 | | or to change his or her registered residence address or | 12 | | name, require the applicant to attest, by signature under | 13 | | penalty of perjury, to meeting the qualifications to | 14 | | register to vote in Illinois at his or her residence | 15 | | address as indicated on his or her dual-purpose | 16 | | application. | 17 | | (c) As provided in subsection (a) of this Section, each | 18 | | designated automatic voter registration agency that does not | 19 | | collect or cross-reference records containing reliable | 20 | | personal information indicating citizenship status may provide | 21 | | that an application for a license, permit, program, or service | 22 | | offered by that agency shall serve as a dual-purpose | 23 | | application. The dual-purpose application shall: | 24 | | (1) also serve as an application to register to vote in | 25 | | Illinois; | 26 | | (2) allow an applicant to change his or her registered |
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| 1 | | residence address; and | 2 | | (3) if the applicant chooses to register to vote or to | 3 | | change his or her registered residence address or name, | 4 | | then require the applicant to attest, by a separate | 5 | | signature under penalty of perjury, to meeting the | 6 | | qualifications to register to vote in Illinois at his or | 7 | | her residence address as indicated on his or her | 8 | | dual-purpose application. | 9 | | (c-5) The designated automatic voter registration agency | 10 | | shall clearly and conspicuously inform each applicant in | 11 | | writing: (i) of the qualifications to register to vote in | 12 | | Illinois, (ii) of the penalties provided by law for submission | 13 | | of a false voter registration application, (iii) that, unless | 14 | | the applicant declines to register to vote or update his or her | 15 | | voter registration, his or her application shall also serve as | 16 | | both an application to register to vote and his or her | 17 | | attestation that he or she meets the eligibility requirements | 18 | | for voter registration, and that his or her application to | 19 | | register to vote or update his or her registration will be | 20 | | transmitted to the State Board of Elections for the purpose of | 21 | | registering the person to vote at the residence address to be | 22 | | indicated on the dual-purpose application, (iv) that | 23 | | information identifying the agency at which he or she applied | 24 | | to register to vote is confidential, (v) that declining to | 25 | | register to vote is confidential and will not affect any | 26 | | services the person may be seeking from the agency, and (vi) |
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| 1 | | any additional information needed in order to comply with | 2 | | Section 7 of the federal National Voter Registration Act of | 3 | | 1993. | 4 | | (d) The designated automatic voter registration agency | 5 | | shall review information provided to the agency by the State | 6 | | Board of Elections to inform each applicant whether the | 7 | | applicant is currently registered to vote in Illinois and, if | 8 | | registered, at what address. | 9 | | (e) The designated automatic voter registration agency | 10 | | shall not require an applicant for a dual-purpose application | 11 | | to provide duplicate identification or information in order to | 12 | | complete an application to register to vote or change his or | 13 | | her registered residence address or name. Before transmitting | 14 | | any personal information about an applicant to the State Board | 15 | | of Elections, the agency shall review its records of the | 16 | | identification documents the applicant provided or that the | 17 | | agency cross-references in order to complete the dual-purpose | 18 | | application, to confirm that nothing in those documents | 19 | | indicates that the applicant does not satisfy the | 20 | | qualifications to register to vote in Illinois at his or her | 21 | | residence address. A completed and signed dual-purpose | 22 | | application, including a completed application under | 23 | | subsection (c) of this Section with a separate signature | 24 | | attesting that the applicant meets the qualifications to | 25 | | register to vote in Illinois at his or her residence address as | 26 | | indicated on his or her application, shall constitute an |
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| 1 | | application to register to vote in Illinois at the residence | 2 | | address indicated in the application unless the person | 3 | | affirmatively declined in the application to register to vote | 4 | | or to change his or her registered residence address or name. | 5 | | If the identification documents provided to complete the | 6 | | dual-purpose application, or that the agency cross-references, | 7 | | indicate that he or she does not satisfy the qualifications to | 8 | | register to vote in Illinois at his or her residence address, | 9 | | the application shall be marked as incomplete and the agency | 10 | | shall transmit all such records to the State Board of | 11 | | Elections. | 12 | | (f) For each completed and signed dual-purpose application | 13 | | that constitutes an application to register to vote in Illinois | 14 | | or provides for a change in the applicant's registered | 15 | | residence address or name, the designated automatic voter | 16 | | registration agency shall electronically transmit to the State | 17 | | Board of Elections personal information needed to complete the | 18 | | person's registration to vote in Illinois at his or her | 19 | | residence address. The application to register to vote shall be | 20 | | processed in accordance with Section 1A-16.6. | 21 | | (g) As used in this Section: | 22 | | "Designated automatic voter registration agency" or | 23 | | "agency" means the Department of Human Services, the | 24 | | Department of Healthcare and Family Services, the | 25 | | Department of Employment Security, the Department on | 26 | | Aging, the Department of Financial and Professional |
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| 1 | | Regulation, the Department of Natural Resources, or an | 2 | | agency of the State or federal government that has been | 3 | | determined by the State Board of Elections to have access | 4 | | to reliable personal information and has entered into an | 5 | | interagency contract with the State Board of Elections to | 6 | | participate in the automatic voter registration program | 7 | | under this Section. | 8 | | "Dual-purpose application" means an application for a | 9 | | license, permit, program, or service offered by a | 10 | | designated automatic voter registration agency that also | 11 | | serves as an application to register to vote in Illinois. | 12 | | "Reliable personal information" means information | 13 | | about individuals obtained from government sources that | 14 | | may be used to verify whether an individual is eligible to | 15 | | register to vote. | 16 | | (10 ILCS 5/1A-16.6) | 17 | | Sec. 1A-16.6. Automatic Government agency voter | 18 | | registration. | 19 | | (a) The State Board of Elections shall establish and | 20 | | maintain a portal for automatic government agency voter | 21 | | registration that permits an eligible person to electronically | 22 | | apply to register to vote or to update his or her existing | 23 | | voter registration as provided in Section 1A-16.1 or Section | 24 | | 1A-16.2. The portal shall interface with the online voter | 25 | | registration system established in Section 1A-16.5 of this Code |
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| 1 | | and shall be capable of receiving and processing voter | 2 | | registration application information, including electronic | 3 | | signatures, from the Office of the Secretary of State and each | 4 | | designated automatic voter registration agency, as defined in | 5 | | Section 1A-16.2. The State Board of Elections may | 6 | | cross-reference voter registration information from any | 7 | | designated automatic voter registration agency, as defined | 8 | | under Section 1A-16.2 of this Code, with information contained | 9 | | in the database of the Secretary of State as provided under | 10 | | subsection (c) of Section 1A-16.5 of this Code. The State Board | 11 | | of Elections shall modify the online voter registration system | 12 | | as necessary to implement this Section. By April 1, 2016, the | 13 | | State Board of Elections shall establish and maintain a portal | 14 | | for government agency registration that permits an eligible | 15 | | person to electronically apply to register to vote or to update | 16 | | his or her existing voter registration whenever he or she | 17 | | conducts business, either online or in person, with a | 18 | | designated government agency. The portal shall interface with | 19 | | the online voter registration system established in Section | 20 | | 1A-16.5 of this Code and shall be capable of receiving and | 21 | | processing voter registration application information, | 22 | | including electronic signatures, from a designated government | 23 | | agency. The State Board of Elections shall modify the online | 24 | | voter registration system as necessary to implement this | 25 | | Section. | 26 | | Voter registration data received from a designated |
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| 1 | | government agency through the online registration system shall | 2 | | be processed as provided for in Section 1A-16.5 of this Code. | 3 | | Whenever the registration interface is accessible to the | 4 | | general public, including, but not limited to, online | 5 | | transactions, the interface shall allow the applicant to | 6 | | complete the process as provided for in Section 1A-16.5 of this | 7 | | Code. The online interface shall be capable of providing the | 8 | | applicant with the applicant's voter registration status with | 9 | | the State Board of Elections and, if registered, the | 10 | | applicant's current registration address. The applicant shall | 11 | | not be required to re-enter any registration data, such as | 12 | | name, address, and birth date, if the designated government | 13 | | agency already has that information on file. The applicant | 14 | | shall be informed that by choosing to register to vote or to | 15 | | update his or her existing voter registration, the applicant | 16 | | consents to the transfer of the applicant's personal | 17 | | information to the State Board of Elections. | 18 | | Whenever a government employee is accessing the | 19 | | registration system while servicing the applicant, the | 20 | | government employee shall notify the applicant of the | 21 | | applicant's registration status with the State Board of | 22 | | Elections and, if registered, the applicant's current | 23 | | registration address. If the applicant elects to register to | 24 | | vote or to update his or her existing voter registration, the | 25 | | government employee shall collect the needed information and | 26 | | assist the applicant with his or her registration. The |
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| 1 | | applicant shall be informed that by choosing to register to | 2 | | vote or to update his or her existing voter registration, the | 3 | | applicant consents to the transfer of the applicant's personal | 4 | | information to the State Board of Elections. | 5 | | In accordance with technical specifications provided by | 6 | | the State Board of Elections, each designated government agency | 7 | | shall maintain a data transfer mechanism capable of | 8 | | transmitting voter registration application information, | 9 | | including electronic signatures where available, to the online | 10 | | voter registration system established in Section 1A-16.5 of | 11 | | this Code. Each designated government agency shall establish | 12 | | and operate a voter registration system capable of transmitting | 13 | | voter registration application information to the portal as | 14 | | described in this Section by July 1, 2016. | 15 | | (b) Voter registration data received from the Office of the | 16 | | Secretary of State or a designated automatic voter registration | 17 | | agency through the online registration application system | 18 | | shall be processed as provided in Section 1A-16.5 of this Code. | 19 | | Whenever an applicant's data is transferred from a designated | 20 | | government agency, the agency must transmit a signature image | 21 | | if available. If no signature image was provided by the agency | 22 | | or if no signature image is available in the Secretary of | 23 | | State's database or the statewide voter registration database, | 24 | | the applicant must be notified that their registration will | 25 | | remain in a pending status and the applicant will be required | 26 | | to provide identification and a signature to the election |
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| 1 | | authority on Election Day in the polling place or during early | 2 | | voting. | 3 | | (c) The State Board of Elections shall establish technical | 4 | | specifications applicable to each automatic government | 5 | | registration program. The Office of the Secretary of State and | 6 | | each designated automatic voter registration agency shall | 7 | | maintain a data transfer mechanism capable of transmitting | 8 | | voter registration application information, including | 9 | | electronic signatures where available, to the online voter | 10 | | registration system established in Section 1A-16.5 of this | 11 | | Code. The State Board of Elections shall track registration | 12 | | data received through the online registration system that | 13 | | originated from a designated government agency for the purposes | 14 | | of maintaining statistics required by the federal National | 15 | | Voter Registration Act of 1993, as amended. | 16 | | (d) The State Board of Elections shall, by rule, establish | 17 | | criteria and procedures for determining whether an agency of | 18 | | the State or federal government seeking to become a designated | 19 | | automatic voter registration agency has access to reliable | 20 | | personal information, as defined under this subsection (d) and | 21 | | subsection (f) of Section 1A-16.2 of this Code, and otherwise | 22 | | meets the requirements to enter into an interagency contract | 23 | | and to operate as a designated automatic voter registration | 24 | | agency. The State Board of Elections shall approve each | 25 | | interagency contract upon affirmative vote of a majority of its | 26 | | members. The State Board of Elections shall submit a report to |
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| 1 | | the General Assembly and the Governor by December 1, 2015 | 2 | | detailing the progress made to implement the government agency | 3 | | voter registration portal described in this Section. | 4 | | As used in this subsection (d), "reliable personal | 5 | | information" means information about individuals obtained from | 6 | | government sources that may be used to verify whether an | 7 | | individual is eligible to register to vote. | 8 | | (e) Whenever an applicant's data is transferred from the | 9 | | Office of the Secretary of State or a designated automatic | 10 | | voter registration agency, the agency must transmit a signature | 11 | | image if available. If no signature image was provided by the | 12 | | agency, or if no signature image is available in the Office of | 13 | | the Secretary of State's database or the statewide voter | 14 | | registration database, the applicant must be notified that his | 15 | | or her registration will remain in a pending status, and the | 16 | | applicant will be required to provide identification that | 17 | | complies with the federal Help America Vote Act of 2002 and a | 18 | | signature to the election authority on election day in the | 19 | | polling place or during early voting. The Board shall adopt | 20 | | rules, in consultation with the impacted agencies. | 21 | | (f) Upon receipt of personal information collected and | 22 | | transferred by the Office of the Secretary of State or a | 23 | | designated automatic voter registration agency, the State | 24 | | Board of Elections shall check the information against the | 25 | | statewide voter registration database. The State Board of | 26 | | Elections shall create and electronically transmit to the |
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| 1 | | appropriate election authority a voter registration | 2 | | application for any individual who is not registered to vote in | 3 | | Illinois and is not disqualified as provided in this Section or | 4 | | whose information reliably indicates a more recent update to | 5 | | the name or address of a person already included in the | 6 | | statewide voter database. The election authority shall process | 7 | | the application accordingly. As used in this Section, a | 8 | | "designated government agency" means the Secretary of State's | 9 | | Driver Services and Vehicle Services Departments, the | 10 | | Department of Human Services, the Department of Healthcare and | 11 | | Family Services, the Department of Employment Security, and the | 12 | | Department on Aging.
| 13 | | (g) The appropriate election authority shall ensure that | 14 | | any applicant who is registered to vote or whose existing voter | 15 | | registration is updated under this Section is promptly sent | 16 | | written notice of the change. The notice required by this | 17 | | subsection (g) may be sent or combined with other notices | 18 | | required or permitted by law, including, but not limited to, | 19 | | any notices sent pursuant to Section 1A-16.5 of this Code. Any | 20 | | notice required by this subsection (g) shall contain, at a | 21 | | minimum: (i) the applicant's name and residential address as | 22 | | reflected on the voter registration list; (ii) a statement | 23 | | notifying the applicant to contact the appropriate election | 24 | | authority if his or her voter registration has been updated in | 25 | | error; (iii) the qualifications to register to vote in | 26 | | Illinois; (iv) a statement notifying the applicant that he or |
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| 1 | | she may opt out of voter registration or request a change to | 2 | | his or her registration information at any time by contacting | 3 | | an election official; and (v) contact information for the | 4 | | appropriate election authority, including a phone number, | 5 | | address, electronic mail address, and website address. | 6 | | (h) The appropriate election authority shall ensure that | 7 | | any applicant whose voter registration application is not | 8 | | accepted or deemed incomplete is promptly sent written notice | 9 | | of the application's status. The notice required by this | 10 | | subsection may be sent or combined with other notices required | 11 | | or permitted by law, including, but not limited to, any notices | 12 | | sent pursuant to Section 1A-16.5 of this Code. Any notice | 13 | | required by this subsection (h) shall contain, at a minimum, | 14 | | the reason the application was not accepted or deemed | 15 | | incomplete and contact information for the appropriate | 16 | | election authority, including a phone number, address, | 17 | | electronic mail address, and website address. | 18 | | (i) If the Office of the Secretary of State or a designated | 19 | | automatic voter registration agency transfers information, or | 20 | | if the State Board of Elections creates and transmits a voter | 21 | | registration application, for a person who does not qualify as | 22 | | an eligible voter, then it shall not constitute a completed | 23 | | voter registration form, and the person shall not be considered | 24 | | to have registered to vote. | 25 | | (j) If the registration is processed by any election | 26 | | authority, then it shall be presumed to have been effected and |
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| 1 | | officially authorized by the State, and that person shall not | 2 | | be found on that basis to have made a false claim to | 3 | | citizenship or to have committed an act of moral turpitude, nor | 4 | | shall that person be subject to penalty under any relevant | 5 | | laws, including, but not limited to, Sections 29-10 and 29-19 | 6 | | of this Code. This subsection (j) does not apply to a person | 7 | | who knows that he or she is not entitled to register to vote | 8 | | and who willfully votes, registers to vote, or attests under | 9 | | penalty of perjury that he or she is eligible to register to | 10 | | vote or willfully attempts to vote or to register to vote. | 11 | | (k) The State Board of Elections, the Office of the | 12 | | Secretary of State, and each designated automatic voter | 13 | | registration agency shall implement policies and procedures to | 14 | | protect the privacy and security of voter information as it is | 15 | | acquired, stored, and transmitted among agencies, including | 16 | | policies for the retention and preservation of voter | 17 | | information. Information designated as confidential under this | 18 | | Section may be recorded and shared among the State Board of | 19 | | Elections, election authorities, the Office of the Secretary of | 20 | | State, and designated automatic voter registration agencies, | 21 | | but shall be used only for voter registration purposes, shall | 22 | | not be disclosed to the public except in the aggregate as | 23 | | required by subsection (m) of this Section, and shall not be | 24 | | subject to the Freedom of Information Act. The following | 25 | | information shall be designated as confidential: | 26 | | (1) any portion of an applicant's Social Security |
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| 1 | | number; | 2 | | (2) any portion of an applicant's driver's license | 3 | | number or State identification number; | 4 | | (3) an applicant's decision to decline voter | 5 | | registration; | 6 | | (4) the identity of the person providing information | 7 | | relating to a specific applicant; and | 8 | | (5) the personal residence and contact information of | 9 | | any applicant for whom local, State, or federal law | 10 | | requires confidentiality, including, but not limited to, a | 11 | | victim of domestic violence pursuant to the Address | 12 | | Confidentiality for Victims of Domestic Violence Act or a | 13 | | victim of stalking pursuant to the Stalking No Contact | 14 | | Order Act. | 15 | | This subsection (k) shall not apply to information the | 16 | | State Board of Elections is required to share with the | 17 | | Electronic Registration Information Center. | 18 | | (l) The voter registration procedures implemented under | 19 | | this Section shall comport with the federal National Voter | 20 | | Registration Act of 1993, as amended, and shall specifically | 21 | | require that the State Board of Elections track registration | 22 | | data received through the online registration system that | 23 | | originated from a designated automatic voter registration | 24 | | agency for the purposes of maintaining statistics. | 25 | | (m) The State Board of Elections, each election authority | 26 | | that maintains a website, the Office of the Secretary of State, |
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| 1 | | and each designated automatic voter registration agency that | 2 | | maintains a website shall provide information on their websites | 3 | | informing the public about the new registration procedures | 4 | | described in this Section. The Office of the Secretary of State | 5 | | and each designated automatic voter registration agency shall | 6 | | display signage or provide literature for the public containing | 7 | | information about the new registration procedures described in | 8 | | this Section. | 9 | | (n) No later than 6 months after the effective date of this | 10 | | amendatory Act of the 100th General Assembly, the State Board | 11 | | of Elections shall hold at least one public hearing on | 12 | | implementing this amendatory Act of the 100th General Assembly | 13 | | at which the public may provide input. | 14 | | (o) The State Board of Elections shall submit an annual | 15 | | public report to the General Assembly and the Governor | 16 | | detailing the progress made to implement this Section. The | 17 | | report shall include all of the following: the number of | 18 | | records transferred under this Section by agency, the number of | 19 | | voters newly added to the statewide voter registration list | 20 | | because of records transferred under this Section by agency, | 21 | | the number of updated registrations under this Section by | 22 | | agency, the number of persons who opted out of voter | 23 | | registration, and the number of voters who submitted voter | 24 | | registration forms using the online procedure described in | 25 | | Section 1A-16.5 of this Code. Any report produced under this | 26 | | subsection shall exclude any information that identifies any |
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| 1 | | individual personally. | 2 | | (p) The State Board of Elections, in consultation with | 3 | | election authorities, the Office of the Secretary of State, | 4 | | designated automatic voter registration agencies, and | 5 | | community organizations, shall adopt rules as necessary to | 6 | | implement the provisions of this Section. | 7 | | (Source: P.A. 98-1171, eff. 6-1-15 .) | 8 | | (10 ILCS 5/1A-16.8) | 9 | | Sec. 1A-16.8. Automatic transfer of registration based | 10 | | upon information from the National Change of Address database | 11 | | and designated automatic voter registration agencies . | 12 | | (a) The State Board of Elections shall cross-reference the | 13 | | statewide voter registration database against the United | 14 | | States Postal Service's National Change of Address database | 15 | | twice each calendar year, April 15 and October 1 in | 16 | | odd-numbered years and April 15 and December 1 in even-numbered | 17 | | years, and shall share the findings with the election | 18 | | authorities. | 19 | | (b) In addition, beginning no later than September 1, 2017, | 20 | | the State Board of Elections shall utilize data provided as | 21 | | part of its membership in the Electronic Registration | 22 | | Information Center in order to cross-reference the statewide | 23 | | voter registration database against databases of relevant | 24 | | personal information kept by designated automatic voter | 25 | | registration agencies, including, but not limited to, driver's |
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| 1 | | license information kept by the Secretary of State, at least 6 | 2 | | times each calendar year and shall share the findings with | 3 | | election authorities. | 4 | | This subsection (b) shall no longer apply once Sections | 5 | | 1A-16.1 and 1A-16.2 of this Code are fully implemented as | 6 | | determined by the State Board of Elections. Upon a | 7 | | determination by the State Board of Elections of full | 8 | | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, | 9 | | the State Board of Elections shall file notice of full | 10 | | implementation and the inapplicability of this subsection (b) | 11 | | with the Index Department of the Office of the Secretary of | 12 | | State, the Governor, the General Assembly, and the Legislative | 13 | | Reference Bureau. | 14 | | (c) An election authority shall automatically register any | 15 | | voter who has moved into its jurisdiction from another | 16 | | jurisdiction in Illinois or has moved within its jurisdiction | 17 | | provided that: | 18 | | (1) the election authority whose jurisdiction includes | 19 | | the new registration address provides the voter an | 20 | | opportunity to reject the change in registration address | 21 | | through a mailing, sent by non-forwardable mail, to the new | 22 | | registration address, and | 23 | | (2) when the election authority whose jurisdiction | 24 | | includes the previous registration address is a different | 25 | | election authority, then that election authority provides | 26 | | the same opportunity through a mailing, sent by forwardable |
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| 1 | | mail, to the previous registration address. | 2 | | This change in registration shall trigger the same | 3 | | inter-jurisdictional or intra-jurisdictional workflows as if | 4 | | the voter completed a new registration card, including the | 5 | | cancellation of the voter's previous registration. Should the | 6 | | registration of a voter be changed from one address to another | 7 | | within the State and should the voter appear at the polls and | 8 | | offer to vote from the prior registration address, attesting | 9 | | that the prior registration address is the true current | 10 | | address, the voter, if confirmed by the election authority as | 11 | | having been registered at the prior registration address and | 12 | | canceled only by the process authorized by this Section, shall | 13 | | be issued a regular ballot, and the change of registration | 14 | | address shall be canceled. If the election authority is unable | 15 | | to immediately confirm the registration, the voter shall be | 16 | | permitted to register and vote a regular ballot, provided that | 17 | | he or she meets the documentary requirements for same-day | 18 | | registration. If the election authority is unable to confirm | 19 | | the registration and the voter does not meet the requirements | 20 | | for same-day registration, the voter shall be issued a | 21 | | provisional ballot.
| 22 | | (d) No voter shall be disqualified from voting due to an | 23 | | error relating to an update of registration under this Section. | 24 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) | 25 | | (10 ILCS 5/1A-16.9 new) |
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| 1 | | Sec. 1A-16.9. Implementation. The changes made by this | 2 | | amendatory Act of the 100th General Assembly shall be | 3 | | implemented no later than July 1, 2018. | 4 | | Section 15. The Illinois Vehicle Code is amended by | 5 | | changing Section 2-105 as follows:
| 6 | | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
| 7 | | Sec. 2-105. Offices of Secretary of State. | 8 | | (a) The Secretary of State shall maintain offices in the | 9 | | State capital and
in such other places in the State as he may | 10 | | deem necessary to properly
carry out the powers and duties | 11 | | vested in him.
| 12 | | (b) The Secretary of State may construct and equip one or | 13 | | more buildings in
the State of Illinois outside of the County | 14 | | of Sangamon as he deems
necessary to properly carry out the | 15 | | powers and duties vested in him. The
Secretary of State may, on | 16 | | behalf of the State of Illinois, acquire public
or private | 17 | | property needed therefor by lease, purchase or eminent domain.
| 18 | | The care, custody and control of such sites and buildings | 19 | | constructed
thereon shall be vested in the Secretary of State. | 20 | | Expenditures for the
construction and equipping of any of such | 21 | | buildings upon premises owned by
another public entity shall | 22 | | not be subject to the provisions of any State
law requiring | 23 | | that the State be vested with absolute fee title to the
| 24 | | premises. The exercise of the authority vested in the Secretary |
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| 1 | | of State by
this Section is subject to the appropriation of the | 2 | | necessary funds.
| 3 | | (c) Pursuant to Sections 1A-16.1, 1A-16.6, and Section | 4 | | 1A-25 of the Election Code,
the Secretary of State shall make | 5 | | driver services facilities available for use as places of | 6 | | accepting applications for voter registration.
| 7 | | (d) (Blank).
| 8 | | (e) Each person applying at a driver services facility for | 9 | | a driver's
license or permit, a corrected driver's license or | 10 | | permit, an Illinois
identification card or a corrected Illinois | 11 | | identification card
shall be notified , under the procedures set | 12 | | forth in Sections 1A-16.1 and 1A-16.6 of the Election Code, | 13 | | that unless he or she affirmatively declines, his or her | 14 | | personal information shall be transferred to the State Board of | 15 | | Elections for the purpose of creating an electronic voter | 16 | | registration application that the person may apply to register | 17 | | to vote at such station and may also apply to
transfer his or | 18 | | her voter registration at such station to a different address | 19 | | in the
State . Such notification may be made in
writing or | 20 | | verbally issued by an employee or the Secretary of State.
| 21 | | The Secretary of State shall promulgate such rules as may | 22 | | be necessary
for the efficient execution of his duties and the | 23 | | duties of his employees
under this Section.
| 24 | | (f) Any person applying at a driver services facility for | 25 | | issuance or renewal of a driver's license or Illinois | 26 | | Identification Card shall be provided, without charge, with a |
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| 1 | | brochure warning the person of the dangers of financial | 2 | | identity theft. The Department of Financial and Professional | 3 | | Regulation shall prepare these brochures and provide them to | 4 | | the Secretary of State for distribution. The brochures shall | 5 | | (i) identify signs warning the reader that he or she might be | 6 | | an intended victim of the crime of financial identity theft, | 7 | | (ii) instruct the reader in how to proceed if the reader | 8 | | believes that he or she is the victim of the crime of identity | 9 | | theft, and (iii) provide the reader with names and telephone | 10 | | numbers of law enforcement and other governmental agencies that | 11 | | provide assistance to victims of financial identity theft. | 12 | | (g) The changes made by this amendatory Act of the 100th | 13 | | General Assembly shall be implemented no later than July 1, | 14 | | 2018. | 15 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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