SB1933ham002 100TH GENERAL ASSEMBLY

Rep. Mike Fortner

Filed: 5/24/2017

 

 


 

 


 
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AMENDMENT TO SENATE BILL 1933

2    AMENDMENT NO. ______. Amend Senate Bill 1933 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from 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

 

 

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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other records
3    prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

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1    plan submitted to a municipality in accordance with a local
2    emergency energy plan ordinance that is adopted under
3    Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by wireless
6    carriers under the Wireless Emergency Telephone Safety
7    Act.
8        (k) Law enforcement officer identification information
9    or driver identification information compiled by a law
10    enforcement agency or the Department of Transportation
11    under Section 11-212 of the Illinois Vehicle Code.
12        (l) Records and information provided to a residential
13    health care facility resident sexual assault and death
14    review team or the Executive Council under the Abuse
15    Prevention Review Team Act.
16        (m) Information provided to the predatory lending
17    database created pursuant to Article 3 of the Residential
18    Real Property Disclosure Act, except to the extent
19    authorized under that Article.
20        (n) Defense budgets and petitions for certification of
21    compensation and expenses for court appointed trial
22    counsel as provided under Sections 10 and 15 of the Capital
23    Crimes Litigation Act. This subsection (n) shall apply
24    until the conclusion of the trial of the case, even if the
25    prosecution chooses not to pursue the death penalty prior
26    to trial or sentencing.

 

 

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1        (o) Information that is prohibited from being
2    disclosed under Section 4 of the Illinois Health and
3    Hazardous Substances Registry Act.
4        (p) Security portions of system safety program plans,
5    investigation reports, surveys, schedules, lists, data, or
6    information compiled, collected, or prepared by or for the
7    Regional Transportation Authority under Section 2.11 of
8    the Regional Transportation Authority Act or the St. Clair
9    County Transit District under the Bi-State Transit Safety
10    Act.
11        (q) Information prohibited from being disclosed by the
12    Personnel Records Review Act.
13        (r) Information prohibited from being disclosed by the
14    Illinois School Student Records Act.
15        (s) Information the disclosure of which is restricted
16    under Section 5-108 of the Public Utilities Act.
17        (t) All identified or deidentified health information
18    in the form of health data or medical records contained in,
19    stored in, submitted to, transferred by, or released from
20    the Illinois Health Information Exchange, and identified
21    or deidentified health information in the form of health
22    data and medical records of the Illinois Health Information
23    Exchange in the possession of the Illinois Health
24    Information Exchange Authority due to its administration
25    of the Illinois Health Information Exchange. The terms
26    "identified" and "deidentified" shall be given the same

 

 

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1    meaning as in the Health Insurance Portability and
2    Accountability Act of 1996, Public Law 104-191, or any
3    subsequent amendments thereto, and any regulations
4    promulgated thereunder.
5        (u) Records and information provided to an independent
6    team of experts under Brian's Law.
7        (v) Names and information of people who have applied
8    for or received Firearm Owner's Identification Cards under
9    the Firearm Owners Identification Card Act or applied for
10    or received a concealed carry license under the Firearm
11    Concealed Carry Act, unless otherwise authorized by the
12    Firearm Concealed Carry Act; and databases under the
13    Firearm Concealed Carry Act, records of the Concealed Carry
14    Licensing Review Board under the Firearm Concealed Carry
15    Act, and law enforcement agency objections under the
16    Firearm Concealed Carry Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

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1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of an
3    eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) (dd) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Records that are exempt from disclosure under
22    Section 1A-16.7 of the Election Code.
23(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
24eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2599-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
2699-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.

 

 

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18-19-16; revised 9-1-16.)
 
2    Section 10. The Election Code is amended by changing
3Sections 1A-16.6 and 1A-16.8 and by adding Sections 1-16,
41A-16.1, 1A-16.2, 1A-16.7, and 1A-16.9 as follows:
 
5    (10 ILCS 5/1-16 new)
6    Sec. 1-16. Election authorities; notices by electronic
7mail. If an election authority is required by law to send an
8election-related notice to an individual, that election
9authority may send that notice solely by electronic mail if the
10individual provides a current e-mail address to the election
11authority and authorizes the election authority to send notices
12by electronic mail. For the purposes of this Section, the term
13"notice" does not include a ballot or any notice required under
14Sections 1A-16.5 or 1A-16.7 of this Code.
 
15    (10 ILCS 5/1A-16.1 new)
16    Sec. 1A-16.1. Automatic voter registration; Secretary of
17State.
18    (a) The Office of the Secretary of State and the State
19Board of Elections, pursuant to an interagency contract and
20jointly-adopted rules, shall establish an automatic voter
21registration program that satisfies the requirements of this
22Section and other applicable law.
23    (b) If an application, an application for renewal, a change

 

 

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

 

 

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

 

 

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

 

 

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1driver's license or State identification card, to confirm that
2nothing in those documents indicates that the applicant does
3not satisfy the qualifications to register to vote in Illinois
4at his or her residence address.
5    (e) A completed, signed application for (i) a driver's
6license or permit, other than a temporary visitor's driver's
7license, or a State identification card issued by the Office of
8the Secretary of State, that meets the requirements of the
9federal REAL ID Act of 2005; or (ii) a completed application
10under subsection (b-5) of this Section with a separate
11signature attesting the applicant meets the qualifications to
12register to vote in Illinois at his or her residence address as
13indicated on his or her application shall constitute a signed
14application to register to vote in Illinois at the residence
15address indicated in the application unless the person
16affirmatively declined in the application to register to vote
17or to change his or her registered residence address or name.
18If the identification documents provided to complete the
19dual-purpose application indicate that he or she does not
20satisfy the qualifications to register to vote in Illinois at
21his or her residence address, the application shall be marked
22as incomplete.
23    (f) For each completed and signed application that
24constitutes an application to register to vote in Illinois or
25provides for a change in the applicant's registered residence
26address or name, the Office of the Secretary of State shall

 

 

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1electronically transmit to the State Board of Elections
2personal information needed to complete the person's
3registration to vote in Illinois at his or her residence
4address. The application to register to vote shall be processed
5in accordance with Section 1A-16.7.
6    (g) If the federal REAL ID Act of 2005 is repealed,
7abrogated, superseded, or otherwise no longer in effect, then
8the State Board of Elections shall establish criteria for
9determining reliable personal information indicating
10citizenship status and shall adopt rules as necessary for the
11Secretary of State to continue processing dual-purpose
12applications under this Section.
13    (h) As used in this Section, "dual-purpose application"
14means an application, an application for renewal, a change of
15address form, or a recertification form for driver's license or
16permit, other than a temporary visitor's driver's license, or a
17State identification card offered by the Secretary of State
18that also serves as an application to register to vote in
19Illinois. "Dual-purpose application" does not mean an
20application under subsection (c) of Section 6-109 of the
21Illinois Vehicle Code.
 
22    (10 ILCS 5/1A-16.2 new)
23    Sec. 1A-16.2. Automatic voter registration; designated
24automatic voter registration agencies.
25    (a) Each designated automatic voter registration agency

 

 

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1shall, pursuant to an interagency contract and jointly-adopted
2rules with the State Board of Elections, agree to participate
3in an automatic voter registration program established by the
4State Board of Elections that satisfies the requirements of
5this Section and other applicable law. If the designated
6automatic voter registration agency provides applications,
7applications for renewal, change of address forms, or
8recertification forms to individuals for services offered by
9another agency, then the State Board of Elections and the
10designated automatic voter agency shall consult with the other
11agency. The State Board of Elections shall consider the current
12technological capabilities of the designated voter
13registration agency when drafting interagency contracts and
14jointly-adopted rules. The State Board of Elections and the
15designated automatic voter registration agency shall amend
16these contracts and rules as the technological capabilities of
17the designated voter registration agencies improve.
18    (b) As provided in subsection (a) of this Section, each
19designated automatic voter registration agency that collects
20or cross-references reliable personal information indicating
21citizenship status may provide that an application for a
22license, permit, program, or service shall serve as a
23dual-purpose 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 or name as it appears on the voter
2    registration rolls;
3        (3) provide the applicant with an opportunity to
4    affirmatively decline to register to vote or change his or
5    her registered residence address or name by providing a
6    check box on the application form without requiring the
7    applicant to state the reason; and
8        (4) unless the applicant declines to register to vote
9    or to change his or her registered residence address or
10    name, require the applicant to attest, by signature under
11    penalty of perjury, to meeting the qualifications to
12    register to vote in Illinois at his or her residence
13    address as indicated on his or her dual-purpose
14    application.
15    (c) As provided in subsection (a) of this Section, each
16designated automatic voter registration agency that does not
17collect or cross-reference records containing reliable
18personal information indicating citizenship status may provide
19that an application, an application for renewal, a change of
20address form, or a recertification form for a license, permit,
21program, or service shall serve as a dual-purpose application.
22The 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    (c-5) The designated automatic voter registration agency
10shall clearly and conspicuously inform each applicant in
11writing: (i) of the qualifications to register to vote in
12Illinois, (ii) of the penalties provided by law for submission
13of a false voter registration application, (iii) that, unless
14the applicant declines to register to vote or update his or her
15voter registration, his or her application shall also serve as
16both an application to register to vote and his or her
17attestation that he or she meets the eligibility requirements
18for voter registration, and that his or her application to
19register to vote or update his or her registration will be
20transmitted to the State Board of Elections for the purpose of
21registering the person to vote at the residence address to be
22indicated on the dual-purpose application, (iv) that
23information identifying the agency at which he or she applied
24to register to vote is confidential, (v) that declining to
25register to vote is confidential and will not affect any
26services the person may be seeking from the agency, and (vi)

 

 

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1any additional information needed in order to comply with
2Section 7 of the federal National Voter Registration Act of
31993.
4    (d) The designated automatic voter registration agency
5shall review information provided to the agency by the State
6Board of Elections to inform each applicant whether the
7applicant is currently registered to vote in Illinois and, if
8registered, at what address.
9    (e) The designated automatic voter registration agency
10shall not require an applicant for a dual-purpose application
11to provide duplicate identification or information in order to
12complete an application to register to vote or change his or
13her registered residence address or name. Before transmitting
14any personal information about an applicant to the State Board
15of Elections, the agency shall review its records of the
16identification documents the applicant provided or that the
17agency cross-references in order to complete the dual-purpose
18application, to confirm that nothing in those documents
19indicates that the applicant does not satisfy the
20qualifications to register to vote in Illinois at his or her
21residence address. A completed and signed dual-purpose
22application, including a completed application under
23subsection (c) of this Section with a separate signature
24attesting that the applicant meets the qualifications to
25register to vote in Illinois at his or her residence address as
26indicated on his or her application, shall constitute an

 

 

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1application to register to vote in Illinois at the residence
2address indicated in the application unless the person
3affirmatively declined in the application to register to vote
4or to change his or her registered residence address or name.
5If the identification documents provided to complete the
6dual-purpose application, or that the agency cross-references,
7indicate that he or she does not satisfy the qualifications to
8register to vote in Illinois at his or her residence address,
9the application shall be marked as incomplete.
10    (f) For each completed and signed dual-purpose application
11that constitutes an application to register to vote in Illinois
12or provides for a change in the applicant's registered
13residence address or name, the designated automatic voter
14registration agency shall electronically transmit to the State
15Board of Elections personal information needed to complete the
16person's registration to vote in Illinois at his or her
17residence address. The application to register to vote shall be
18processed in accordance with Section 1A-16.7.
19    (g) As used in this Section:
20        "Designated automatic voter registration agency" or
21    "agency" means the divisions of Family and Community
22    Services and Rehabilitation Services of the Department of
23    Human Services, the Department of Employment Security, the
24    Department of Financial and Professional Regulation, the
25    Department of Natural Resources, or an agency of the State
26    or federal government that has been determined by the State

 

 

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1    Board of Elections to have access to reliable personal
2    information and has entered into an interagency contract
3    with the State Board of Elections to participate in the
4    automatic voter registration program under this Section.
5        "Dual-purpose application" means an application, an
6    application for renewal, a change of address form, or a
7    recertification form for a license, permit, program, or
8    service offered by a designated automatic voter
9    registration agency that also serves as an application to
10    register to vote in Illinois.
11        "Reliable personal information" means information
12    about individuals obtained from government sources that
13    may be used to verify whether an individual is eligible to
14    register to vote.
15    (h) This Section shall be implemented no later than July,
161, 2019.
 
17    (10 ILCS 5/1A-16.6)
18    Sec. 1A-16.6. Government agency voter registration.
19    (a) By April 1, 2016, the State Board of Elections shall
20establish and maintain a portal for government agency
21registration that permits an eligible person to electronically
22apply to register to vote or to update his or her existing
23voter registration whenever he or she conducts business, either
24online or in person, with a designated government agency. The
25portal shall interface with the online voter registration

 

 

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1system established in Section 1A-16.5 of this Code and shall be
2capable of receiving and processing voter registration
3application information, including electronic signatures, from
4a designated government agency. The State Board of Elections
5shall modify the online voter registration system as necessary
6to implement this Section.
7    Voter registration data received from a designated
8government agency through the online registration system shall
9be processed as provided for in Section 1A-16.5 of this Code.
10    Whenever the registration interface is accessible to the
11general public, including, but not limited to, online
12transactions, the interface shall allow the applicant to
13complete the process as provided for in Section 1A-16.5 of this
14Code. The online interface shall be capable of providing the
15applicant with the applicant's voter registration status with
16the State Board of Elections and, if registered, the
17applicant's current registration address. The applicant shall
18not be required to re-enter any registration data, such as
19name, address, and birth date, if the designated government
20agency already has that information on file. The applicant
21shall be informed that by choosing to register to vote or to
22update his or her existing voter registration, the applicant
23consents to the transfer of the applicant's personal
24information to the State Board of Elections.
25    Whenever a government employee is accessing the
26registration system while servicing the applicant, the

 

 

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1government employee shall notify the applicant of the
2applicant's registration status with the State Board of
3Elections and, if registered, the applicant's current
4registration address. If the applicant elects to register to
5vote or to update his or her existing voter registration, the
6government employee shall collect the needed information and
7assist the applicant with his or her registration. The
8applicant shall be informed that by choosing to register to
9vote or to update his or her existing voter registration, the
10applicant consents to the transfer of the applicant's personal
11information to the State Board of Elections.
12    In accordance with technical specifications provided by
13the State Board of Elections, each designated government agency
14shall maintain a data transfer mechanism capable of
15transmitting voter registration application information,
16including electronic signatures where available, to the online
17voter registration system established in Section 1A-16.5 of
18this Code. Each designated government agency shall establish
19and operate a voter registration system capable of transmitting
20voter registration application information to the portal as
21described in this Section by July 1, 2016.
22    (b) Whenever an applicant's data is transferred from a
23designated government agency, the agency must transmit a
24signature image if available. If no signature image was
25provided by the agency or if no signature image is available in
26the Secretary of State's database or the statewide voter

 

 

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1registration database, the applicant must be notified that
2their registration will remain in a pending status and the
3applicant will be required to provide identification and a
4signature to the election authority on Election Day in the
5polling place or during early voting.
6    (c) The State Board of Elections shall track registration
7data received through the online registration system that
8originated from a designated government agency for the purposes
9of maintaining statistics required by the federal National
10Voter Registration Act of 1993, as amended.
11    (d) The State Board of Elections shall submit a report to
12the General Assembly and the Governor by December 1, 2015
13detailing the progress made to implement the government agency
14voter registration portal described in this Section.
15    (e) The Board shall adopt rules, in consultation with the
16impacted agencies.
17    (f) As used in this Section, a "designated government
18agency" means the Secretary of State's Driver Services and
19Vehicle Services Departments, the Department of Human
20Services, the Department of Healthcare and Family Services, the
21Department of Employment Security, and the Department on Aging;
22however, if the designated government agency becomes a
23designated automatic voter registration agency under Section
241A-16.1 or Section 1A-16.2 of this Code, that agency shall
25cease to be a designated government agency under this Section.
26(Source: P.A. 98-1171, eff. 6-1-15.)
 

 

 

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1    (10 ILCS 5/1A-16.7 new)
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 Code
10and 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 Board
20of Elections shall modify the online voter registration system
21as necessary to implement this Section.
22    (b) Voter registration data received from the Office of the
23Secretary of State or a designated automatic voter registration
24agency through the online registration application system
25shall be processed as provided in Section 1A-16.5 of this Code.

 

 

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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 its
20members.
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

 

 

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1voter registration agency, the agency must transmit a signature
2image if available. If no signature image was provided by the
3agency, or if no signature image is available in the Office of
4the Secretary of State's database or the statewide voter
5registration database, the applicant must be notified that his
6or her registration will remain in a pending status, and the
7applicant will be required to provide identification that
8complies with the federal Help America Vote Act of 2002 and a
9signature to the election authority on election day in the
10polling place or during early voting.
11    (f) Upon receipt of personal information collected and
12transferred by the Office of the Secretary of State or a
13designated automatic voter registration agency, the State
14Board of Elections shall check the information against the
15statewide voter registration database. The State Board of
16Elections shall create and electronically transmit to the
17appropriate election authority a voter registration
18application for any individual who is not registered to vote in
19Illinois and is not disqualified as provided in this Section or
20whose information reliably indicates a more recent update to
21the name or address of a person already included in the
22statewide voter database. The election authority shall process
23the application accordingly.
24    (g) The appropriate election authority shall ensure that
25any applicant who is registered to vote or whose existing voter
26registration is updated under this Section is promptly sent

 

 

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

 

 

10000SB1933ham002- 26 -LRB100 11359 MLM 27017 a

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

 

 

10000SB1933ham002- 27 -LRB100 11359 MLM 27017 a

1policies for the retention and preservation of voter
2information. Information designated as confidential under this
3Section may be recorded and shared among the State Board of
4Elections, election authorities, the Office of the Secretary of
5State, and designated automatic voter registration agencies,
6but shall be used only for voter registration purposes, shall
7not be disclosed to the public except in the aggregate as
8required by subsection (m) of this Section, and shall not be
9subject to the Freedom of Information Act. The following
10information shall be designated as confidential:
11        (1) any portion of an applicant's Social Security
12    number;
13        (2) any portion of an applicant's driver's license
14    number or State identification number;
15        (3) an applicant's decision to decline voter
16    registration;
17        (4) the identity of the person providing information
18    relating to a specific applicant; and
19        (5) the personal residence and contact information of
20    any applicant for whom notice has been given by an
21    appropriate legal authority.
22    This subsection (k) shall not apply to information the
23State Board of Elections is required to share with the
24Electronic Registration Information Center.
25    (l) The voter registration procedures implemented under
26this Section shall comport with the federal National Voter

 

 

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1Registration Act of 1993, as amended, and shall specifically
2require that the State Board of Elections track registration
3data received through the online registration system that
4originated from a designated automatic voter registration
5agency for the purposes of maintaining statistics.
6    Nothing in this Code shall require designated voter
7registration agencies to transmit information that is
8confidential client information under State or federal law
9without the consent of the applicant.
10    (m) The State Board of Elections, each election authority
11that maintains a website, the Office of the Secretary of State,
12and each designated automatic voter registration agency that
13maintains a website shall provide information on their websites
14informing the public about the new registration procedures
15described in this Section. The Office of the Secretary of State
16and each designated automatic voter registration agency shall
17display signage or provide literature for the public containing
18information about the new registration procedures described in
19this Section.
20    (n) No later than 6 months after the effective date of this
21amendatory Act of the 100th General Assembly, the State Board
22of Elections shall hold at least one public hearing on
23implementing this amendatory Act of the 100th General Assembly
24at which the public may provide input.
25    (o) The State Board of Elections shall submit an annual
26public report to the General Assembly and the Governor

 

 

10000SB1933ham002- 29 -LRB100 11359 MLM 27017 a

1detailing the progress made to implement this Section. The
2report shall include all of the following: the number of
3records transferred under this Section by agency, the number of
4voters newly added to the statewide voter registration list
5because of records transferred under this Section by agency,
6the number of updated registrations under this Section by
7agency, the number of persons who opted out of voter
8registration, and the number of voters who submitted voter
9registration forms using the online procedure described in
10Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
11may include less detail if election authorities are not
12equipped to provide complete information to the State Board of
13Elections. Any report produced under this subsection (o) shall
14exclude any information that identifies any individual
15personally.
16    (p) The State Board of Elections, in consultation with
17election authorities, the Office of the Secretary of State,
18designated automatic voter registration agencies, and
19community organizations, shall adopt rules as necessary to
20implement the provisions of this Section.
 
21    (10 ILCS 5/1A-16.8)
22    Sec. 1A-16.8. Automatic transfer of registration based
23upon information from the National Change of Address database
24and designated automatic voter registration agencies.
25    (a) The State Board of Elections shall cross-reference the

 

 

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1statewide voter registration database against the United
2States Postal Service's National Change of Address database
3twice each calendar year, April 15 and October 1 in
4odd-numbered years and April 15 and December 1 in even-numbered
5years or with the same frequency as in subsection (b) of this
6Section, and shall share the findings with the election
7authorities.
8    (b) In addition, beginning no later than September 1, 2017,
9the State Board of Elections shall utilize data provided as
10part of its membership in the Electronic Registration
11Information Center in order to cross-reference the statewide
12voter registration database against databases of relevant
13personal information kept by designated automatic voter
14registration agencies, including, but not limited to, driver's
15license information kept by the Secretary of State, at least 6
16times each calendar year and shall share the findings with
17election authorities.
18    This subsection (b) shall no longer apply once Sections
191A-16.1 and 1A-16.2 of this Code are fully implemented as
20determined by the State Board of Elections. Upon a
21determination by the State Board of Elections of full
22implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
23the State Board of Elections shall file notice of full
24implementation and the inapplicability of this subsection (b)
25with the Index Department of the Office of the Secretary of
26State, the Governor, the General Assembly, and the Legislative

 

 

10000SB1933ham002- 31 -LRB100 11359 MLM 27017 a

1Reference Bureau.
2    (b-5) The State Board of Elections shall not be required to
3share any data on any voter attained using the National Change
4of Address database under subsection (a) of this Section if
5that voter has a more recent government transaction indicated
6using the cross-reference under subsection (b) of this Section.
7If there is contradictory or unclear data between data obtained
8under subsections (a) and (b) of this Section, then data
9obtained under subsection (b) of this Section shall take
10priority.
11    (c) An election authority shall automatically register any
12voter who has moved into its jurisdiction from another
13jurisdiction in Illinois or has moved within its jurisdiction
14provided that:
15        (1) the election authority whose jurisdiction includes
16    the new registration address provides the voter an
17    opportunity to reject the change in registration address
18    through a mailing, sent by non-forwardable mail, to the new
19    registration address, and
20        (2) when the election authority whose jurisdiction
21    includes the previous registration address is a different
22    election authority, then that election authority provides
23    the same opportunity through a mailing, sent by forwardable
24    mail, to the previous registration address.
25    This change in registration shall trigger the same
26inter-jurisdictional or intra-jurisdictional workflows as if

 

 

10000SB1933ham002- 32 -LRB100 11359 MLM 27017 a

1the voter completed a new registration card, including the
2cancellation of the voter's previous registration. Should the
3registration of a voter be changed from one address to another
4within the State and should the voter appear at the polls and
5offer to vote from the prior registration address, attesting
6that the prior registration address is the true current
7address, the voter, if confirmed by the election authority as
8having been registered at the prior registration address and
9canceled only by the process authorized by this Section, shall
10be issued a regular ballot, and the change of registration
11address shall be canceled. If the election authority is unable
12to immediately confirm the registration, the voter shall be
13permitted to register and vote a regular ballot, provided that
14he or she meets the documentary requirements for same-day
15registration. If the election authority is unable to confirm
16the registration and the voter does not meet the requirements
17for same-day registration, the voter shall be issued a
18provisional ballot.
19    (d) No voter shall be disqualified from voting due to an
20error relating to an update of registration under this Section.
21(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
22    (10 ILCS 5/1A-16.9 new)
23    Sec. 1A-16.9. Implementation. The changes made by this
24amendatory Act of the 100th General Assembly shall be
25implemented no later than July 1, 2018, except for the changes

 

 

10000SB1933ham002- 33 -LRB100 11359 MLM 27017 a

1made to Section 1A-16.2 of this Code.
 
2    Section 15. The Illinois Vehicle Code is amended by
3changing Section 2-105 as follows:
 
4    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
5    Sec. 2-105. Offices of Secretary of State.
6    (a) The Secretary of State shall maintain offices in the
7State capital and in such other places in the State as he may
8deem necessary to properly carry out the powers and duties
9vested in him.
10    (b) The Secretary of State may construct and equip one or
11more buildings in the State of Illinois outside of the County
12of Sangamon as he deems necessary to properly carry out the
13powers and duties vested in him. The Secretary of State may, on
14behalf of the State of Illinois, acquire public or private
15property needed therefor by lease, purchase or eminent domain.
16The care, custody and control of such sites and buildings
17constructed thereon shall be vested in the Secretary of State.
18Expenditures for the construction and equipping of any of such
19buildings upon premises owned by another public entity shall
20not be subject to the provisions of any State law requiring
21that the State be vested with absolute fee title to the
22premises. The exercise of the authority vested in the Secretary
23of State by this Section is subject to the appropriation of the
24necessary funds.

 

 

10000SB1933ham002- 34 -LRB100 11359 MLM 27017 a

1    (c) Pursuant to Sections 1A-16.1, 1A-16.7, and Section
21A-25 of the Election Code, the Secretary of State shall make
3driver services facilities available for use as places of
4accepting applications for voter registration.
5    (d) (Blank).
6    (e) Each person applying at a driver services facility for
7a driver's license or permit, a corrected driver's license or
8permit, an Illinois identification card or a corrected Illinois
9identification card shall be notified, under the procedures set
10forth in Sections 1A-16.1 and 1A-16.7 of the Election Code,
11that unless he or she affirmatively declines, his or her
12personal information shall be transferred to the State Board of
13Elections for the purpose of creating an electronic voter
14registration application that the person may apply to register
15to vote at such station and may also apply to transfer his or
16her voter registration at such station to a different address
17in the State. Such notification may be made in writing or
18verbally issued by an employee or the Secretary of State.
19    The Secretary of State shall promulgate such rules as may
20be necessary for the efficient execution of his duties and the
21duties of his employees under this Section.
22    (f) Any person applying at a driver services facility for
23issuance or renewal of a driver's license or Illinois
24Identification Card shall be provided, without charge, with a
25brochure warning the person of the dangers of financial
26identity theft. The Department of Financial and Professional

 

 

10000SB1933ham002- 35 -LRB100 11359 MLM 27017 a

1Regulation shall prepare these brochures and provide them to
2the Secretary of State for distribution. The brochures shall
3(i) identify signs warning the reader that he or she might be
4an intended victim of the crime of financial identity theft,
5(ii) instruct the reader in how to proceed if the reader
6believes that he or she is the victim of the crime of identity
7theft, and (iii) provide the reader with names and telephone
8numbers of law enforcement and other governmental agencies that
9provide assistance to victims of financial identity theft.
10    (g) The changes made by this amendatory Act of the 100th
11General Assembly shall be implemented no later than July 1,
122018.
13(Source: P.A. 97-81, eff. 7-5-11.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".