Full Text of SB3047 101st General Assembly
SB3047 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3047 Introduced 2/5/2020, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/1A-16.6 | | 10 ILCS 5/1A-16.7 | |
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Amends the Election Code. Provides that when a voter registration applicant's data is transferred from a designated government agency or the Office of the Secretary of State, the applicant may be required to provide a signature to the election authority before the election day or before applying for a vote by mail ballot. Effective immediately.
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| | A BILL FOR |
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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 Election Code is amended by changing | 5 | | Sections 1A-16.6 and 1A-16.7 as follows: | 6 | | (10 ILCS 5/1A-16.6) | 7 | | Sec. 1A-16.6. Government agency voter registration. | 8 | | (a) By April 1, 2016, the State Board of Elections shall | 9 | | establish and maintain a portal for government agency | 10 | | registration that permits an eligible person to electronically | 11 | | apply to register to vote or to update his or her existing | 12 | | voter registration whenever he or she conducts business, either | 13 | | online or in person, with a designated government agency. The | 14 | | portal shall interface with the online voter registration | 15 | | system established in Section 1A-16.5 of this Code and shall be | 16 | | capable of receiving and processing voter registration | 17 | | application information, including electronic signatures, from | 18 | | a designated government agency. The State Board of Elections | 19 | | shall modify the online voter registration system as necessary | 20 | | to implement this Section. | 21 | | Voter registration data received from a designated | 22 | | government agency through the online registration system shall | 23 | | be processed as provided for in Section 1A-16.5 of this Code. |
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| 1 | | Whenever the registration interface is accessible to the | 2 | | general public, including, but not limited to, online | 3 | | transactions, the interface shall allow the applicant to | 4 | | complete the process as provided for in Section 1A-16.5 of this | 5 | | Code. The online interface shall be capable of providing the | 6 | | applicant with the applicant's voter registration status with | 7 | | the State Board of Elections and, if registered, the | 8 | | applicant's current registration address. The applicant shall | 9 | | not be required to re-enter any registration data, such as | 10 | | name, address, and birth date, if the designated government | 11 | | agency already has that information on file. The applicant | 12 | | shall be informed that by choosing to register to vote or to | 13 | | update his or her existing voter registration, the applicant | 14 | | consents to the transfer of the applicant's personal | 15 | | information to the State Board of Elections. | 16 | | Whenever a government employee is accessing the | 17 | | registration system while servicing the applicant, the | 18 | | government employee shall notify the applicant of the | 19 | | applicant's registration status with the State Board of | 20 | | Elections and, if registered, the applicant's current | 21 | | registration address. If the applicant elects to register to | 22 | | vote or to update his or her existing voter registration, the | 23 | | government employee shall collect the needed information and | 24 | | assist the applicant with his or her registration. The | 25 | | applicant shall be informed that by choosing to register to | 26 | | vote or to update his or her existing voter registration, the |
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| 1 | | applicant consents to the transfer of the applicant's personal | 2 | | information to the State Board of Elections. | 3 | | In accordance with technical specifications provided by | 4 | | the State Board of Elections, each designated government agency | 5 | | shall maintain a data transfer mechanism capable of | 6 | | transmitting voter registration application information, | 7 | | including electronic signatures where available, to the online | 8 | | voter registration system established in Section 1A-16.5 of | 9 | | this Code. Each designated government agency shall establish | 10 | | and operate a voter registration system capable of transmitting | 11 | | voter registration application information to the portal as | 12 | | described in this Section by July 1, 2016. | 13 | | (b) Whenever an applicant's data is transferred from a | 14 | | designated government agency, the agency must transmit a | 15 | | signature image if available. If no signature image was | 16 | | provided by the agency or if no signature image is available in | 17 | | the Secretary of State's database or the statewide voter | 18 | | registration database, the applicant must be notified that | 19 | | their registration will remain in a pending status and the | 20 | | applicant will be required to provide identification and a | 21 | | signature to the election authority before or on Election Day | 22 | | in the polling place or during early voting or before applying | 23 | | for a vote by mail ballot . | 24 | | (c) The State Board of Elections shall track registration | 25 | | data received through the online registration system that | 26 | | originated from a designated government agency for the purposes |
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| 1 | | of maintaining statistics required by the federal National | 2 | | Voter Registration Act of 1993, as amended. | 3 | | (d) The State Board of Elections shall submit a report to | 4 | | the General Assembly and the Governor by December 1, 2015 | 5 | | detailing the progress made to implement the government agency | 6 | | voter registration portal described in this Section. | 7 | | (e) The Board shall adopt rules, in consultation with the | 8 | | impacted agencies. | 9 | | (f) As used in this Section, a "designated government | 10 | | agency" means the Secretary of State's Driver Services and | 11 | | Vehicle Services Departments, the Department of Human | 12 | | Services, the Department of Healthcare and Family Services, the | 13 | | Department of Employment Security, and the Department on Aging; | 14 | | however, if the designated government agency becomes a | 15 | | designated automatic voter registration agency under Section | 16 | | 1A-16.1 or Section 1A-16.2 of this Code, that agency shall | 17 | | cease to be a designated government agency under this Section.
| 18 | | (Source: P.A. 100-464, eff. 8-28-17.) | 19 | | (10 ILCS 5/1A-16.7) | 20 | | Sec. 1A-16.7. Automatic voter registration. | 21 | | (a) The State Board of Elections shall establish and | 22 | | maintain a portal for automatic government agency voter | 23 | | registration that permits an eligible person to electronically | 24 | | apply to register to vote or to update his or her existing | 25 | | voter registration as provided in Section 1A-16.1 or Section |
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| 1 | | 1A-16.2. The portal shall interface with the online voter | 2 | | registration system established in Section 1A-16.5 of this Code | 3 | | and shall be capable of receiving and processing voter | 4 | | registration application information, including electronic | 5 | | signatures, from the Office of the Secretary of State and each | 6 | | designated automatic voter registration agency, as defined in | 7 | | Section 1A-16.2. The State Board of Elections may | 8 | | cross-reference voter registration information from any | 9 | | designated automatic voter registration agency, as defined | 10 | | under Section 1A-16.2 of this Code, with information contained | 11 | | in the database of the Secretary of State as provided under | 12 | | subsection (c) of Section 1A-16.5 of this Code. The State Board | 13 | | of Elections shall modify the online voter registration system | 14 | | as necessary to implement this Section. | 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 | | (c) The State Board of Elections shall establish technical | 20 | | specifications applicable to each automatic government | 21 | | registration program, including data format and transmission | 22 | | specifications. The Office of the Secretary of State and each | 23 | | designated automatic voter registration agency shall maintain | 24 | | a data transfer mechanism capable of transmitting voter | 25 | | registration application information, including electronic | 26 | | signatures where available, to the online voter registration |
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| 1 | | system established in Section 1A-16.5 of this Code. | 2 | | (d) The State Board of Elections shall, by rule, establish | 3 | | criteria and procedures for determining whether an agency of | 4 | | the State or federal government seeking to become a designated | 5 | | automatic voter registration agency has access to reliable | 6 | | personal information, as defined under this subsection (d) and | 7 | | subsection (f) of Section 1A-16.2 of this Code, and otherwise | 8 | | meets the requirements to enter into an interagency contract | 9 | | and to operate as a designated automatic voter registration | 10 | | agency. The State Board of Elections shall approve each | 11 | | interagency contract upon affirmative vote of a majority of its | 12 | | members. | 13 | | As used in this subsection (d), "reliable personal | 14 | | information" means information about individuals obtained from | 15 | | government sources that may be used to verify whether an | 16 | | individual is eligible to register to vote. | 17 | | (e) Whenever an applicant's data is transferred from the | 18 | | Office of the Secretary of State or a designated automatic | 19 | | voter registration agency, the agency must transmit a signature | 20 | | image if available. If no signature image was provided by the | 21 | | agency, or if no signature image is available in the Office of | 22 | | the Secretary of State's database or the statewide voter | 23 | | registration database, the applicant must be notified that his | 24 | | or her registration will remain in a pending status, and the | 25 | | applicant will be required to provide identification that | 26 | | complies with the federal Help America Vote Act of 2002 and a |
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| 1 | | signature to the election authority before or on election day | 2 | | in the polling place or during early voting or before applying | 3 | | for a vote by mail ballot . | 4 | | (f) Upon receipt of personal information collected and | 5 | | transferred by the Office of the Secretary of State or a | 6 | | designated automatic voter registration agency, the State | 7 | | Board of Elections shall check the information against the | 8 | | statewide voter registration database. The State Board of | 9 | | Elections shall create and electronically transmit to the | 10 | | appropriate election authority a voter registration | 11 | | application for any individual who is not registered to vote in | 12 | | Illinois and is not disqualified as provided in this Section or | 13 | | whose information reliably indicates a more recent update to | 14 | | the name or address of a person already included in the | 15 | | statewide voter database. The election authority shall process | 16 | | the application accordingly. | 17 | | (g) The appropriate election authority shall ensure that | 18 | | any applicant who is registered to vote or whose existing voter | 19 | | registration is updated under this Section is promptly sent | 20 | | written notice of the change. The notice required by this | 21 | | subsection (g) may be sent or combined with other notices | 22 | | required or permitted by law, including, but not limited to, | 23 | | any notices sent pursuant to Section 1A-16.5 of this Code. Any | 24 | | notice required by this subsection (g) shall contain, at a | 25 | | minimum: (i) the applicant's name and residential address as | 26 | | reflected on the voter registration list; (ii) a statement |
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| 1 | | notifying the applicant to contact the appropriate election | 2 | | authority if his or her voter registration has been updated in | 3 | | error; (iii) the qualifications to register to vote in | 4 | | Illinois; (iv) a statement notifying the applicant that he or | 5 | | she may opt out of voter registration or request a change to | 6 | | his or her registration information at any time by contacting | 7 | | an election official; and (v) contact information for the | 8 | | appropriate election authority, including a phone number, | 9 | | address, electronic mail address, and website address. | 10 | | (h) The appropriate election authority shall ensure that | 11 | | any applicant whose voter registration application is not | 12 | | accepted or deemed incomplete is promptly sent written notice | 13 | | of the application's status. The notice required by this | 14 | | subsection may be sent or combined with other notices required | 15 | | or permitted by law, including, but not limited to, any notices | 16 | | sent pursuant to Section 1A-16.5 of this Code. Any notice | 17 | | required by this subsection (h) shall contain, at a minimum, | 18 | | the reason the application was not accepted or deemed | 19 | | incomplete and contact information for the appropriate | 20 | | election authority, including a phone number, address, | 21 | | electronic mail address, and website address. | 22 | | (i) If the Office of the Secretary of State or a designated | 23 | | automatic voter registration agency transfers information, or | 24 | | if the State Board of Elections creates and transmits a voter | 25 | | registration application, for a person who does not qualify as | 26 | | an eligible voter, then it shall not constitute a completed |
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| 1 | | voter registration form, and the person shall not be considered | 2 | | to have registered to vote. | 3 | | (j) If the registration is processed by any election | 4 | | authority, then it shall be presumed to have been effected and | 5 | | officially authorized by the State, and that person shall not | 6 | | be found on that basis to have made a false claim to | 7 | | citizenship or to have committed an act of moral turpitude, nor | 8 | | shall that person be subject to penalty under any relevant | 9 | | laws, including, but not limited to, Sections 29-10 and 29-19 | 10 | | of this Code. This subsection (j) does not apply to a person | 11 | | who knows that he or she is not entitled to register to vote | 12 | | and who willfully votes, registers to vote, or attests under | 13 | | penalty of perjury that he or she is eligible to register to | 14 | | vote or willfully attempts to vote or to register to vote. | 15 | | (k) The State Board of Elections, the Office of the | 16 | | Secretary of State, and each designated automatic voter | 17 | | registration agency shall implement policies and procedures to | 18 | | protect the privacy and security of voter information as it is | 19 | | acquired, stored, and transmitted among agencies, including | 20 | | policies for the retention and preservation of voter | 21 | | information. Information designated as confidential under this | 22 | | Section may be recorded and shared among the State Board of | 23 | | Elections, election authorities, the Office of the Secretary of | 24 | | State, and designated automatic voter registration agencies, | 25 | | but shall be used only for voter registration purposes, shall | 26 | | not be disclosed to the public except in the aggregate as |
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| 1 | | required by subsection (m) of this Section, and shall not be | 2 | | subject to the Freedom of Information Act. The following | 3 | | information shall be designated as confidential: | 4 | | (1) any portion of an applicant's Social Security | 5 | | number; | 6 | | (2) any portion of an applicant's driver's license | 7 | | number or State identification number; | 8 | | (3) an applicant's decision to decline voter | 9 | | registration; | 10 | | (4) the identity of the person providing information | 11 | | relating to a specific applicant; and | 12 | | (5) the personal residence and contact information of | 13 | | any applicant for whom notice has been given by an | 14 | | appropriate legal authority. | 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 | | Nothing in this Code shall require designated voter | 26 | | registration agencies to transmit information that is |
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| 1 | | confidential client information under State or federal law | 2 | | without the consent of the applicant. | 3 | | (m) The State Board of Elections, each election authority | 4 | | that maintains a website, the Office of the Secretary of State, | 5 | | and each designated automatic voter registration agency that | 6 | | maintains a website shall provide information on their websites | 7 | | informing the public about the new registration procedures | 8 | | described in this Section. The Office of the Secretary of State | 9 | | and each designated automatic voter registration agency shall | 10 | | display signage or provide literature for the public containing | 11 | | information about the new registration procedures described in | 12 | | this Section. | 13 | | (n) No later than 6 months after the effective date of this | 14 | | amendatory Act of the 100th General Assembly, the State Board | 15 | | of Elections shall hold at least one public hearing on | 16 | | implementing this amendatory Act of the 100th General Assembly | 17 | | at which the public may provide input. | 18 | | (o) The State Board of Elections shall submit an annual | 19 | | public report to the General Assembly and the Governor | 20 | | detailing the progress made to implement this Section. The | 21 | | report shall include all of the following: the number of | 22 | | records transferred under this Section by agency, the number of | 23 | | voters newly added to the statewide voter registration list | 24 | | because of records transferred under this Section by agency, | 25 | | the number of updated registrations under this Section by | 26 | | agency, the number of persons who opted out of voter |
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| 1 | | registration, and the number of voters who submitted voter | 2 | | registration forms using the online procedure described in | 3 | | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports | 4 | | may include less detail if election authorities are not | 5 | | equipped to provide complete information to the State Board of | 6 | | Elections. Any report produced under this subsection (o) shall | 7 | | exclude any information that identifies any individual | 8 | | personally. | 9 | | (p) The State Board of Elections, in consultation with | 10 | | election authorities, the Office of the Secretary of State, | 11 | | designated automatic voter registration agencies, and | 12 | | community organizations, shall adopt rules as necessary to | 13 | | implement the provisions of this Section.
| 14 | | (Source: P.A. 100-464, eff. 8-28-17.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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