101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5224

 

Introduced , by Rep. Tim Butler

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-16.1
10 ILCS 5/1A-16.2
10 ILCS 5/1A-16.5
10 ILCS 5/1A-16.6
10 ILCS 5/1A-16.7
10 ILCS 5/1A-16.8
10 ILCS 5/1A-16.9
10 ILCS 5/1A-45
10 ILCS 5/1A-60 new

    Amends the Election Code. Provides that the operation and effect of the provisions of the Election Code authorizing automatic voter registration are suspended from the effective date of the amendatory Act through December 31, 2021. Provides that the State Board of Elections, in consultation with the Secretary of State, other designated government agencies, and a statewide association representing county clerks and recorders, shall review voter registration information acquired by the Board under the automatic voter registration provisions of the Code from July 2, 2018 through the effective date of the amendatory Act in order to determine whether any persons were improperly registered to vote and to remove any improperly registered voters from the rolls. Provides that the Board, in consultation with the Secretary of State, shall conduct a comprehensive examination of the automatic voter registration process to determine the cause or causes that allowed individuals to improperly register to vote and shall determine and implement the corrective measures needed to prevent improper registration so that automatic voter registration can resume on January 1, 2022. Provides that the Board shall report to the Governor and the General Assembly on the cause or causes of improper automatic voter registration and the corrective measures taken, together with its recommendations to prevent the recurrence of improper automatic voter registration on or before December 31, 2021. Provides the Board with rulemaking authority. Effective immediately.


LRB101 20611 SMS 70257 b

 

 

A BILL FOR

 

HB5224LRB101 20611 SMS 70257 b

1    AN ACT concerning elections.
 
2    WHEREAS, The Office of the Secretary of State has
3determined that from July 2, 2018 through December 13, 2019 its
4system allowed for 574, individuals identified as non-citizens
5to have their information sent to the State Board of Elections;
6and
 
7    WHEREAS, Those individuals were added to the State's voter
8rolls; it was later determined by the State Board of Elections
9that at least 15 of those 547 individuals voted in the 2018
10general election; at least one of those 15 was a non-citizen;
11and
 
12    WHEREAS, This grave error calls into question the integrity
13of the automatic voter registration system; and
 
14    WHEREAS, The General Assembly finds there is a need to
15conduct a comprehensive examination of the automatic voter
16registration system; therefore
 
17    Be it enacted by the People of the State of Illinois,
18represented in the General Assembly:
 
19    Section 10. The Election Code is amended by changing
20Sections 1A-16.1, 1A-16.2, 1A-16.5, 1A-16.6, 1A-16.7, 1A-16.8,

 

 

HB5224- 2 -LRB101 20611 SMS 70257 b

11A-16.9, and 1A-45 and by adding Section 1A-60 as follows:
 
2    (10 ILCS 5/1A-16.1)
3    Sec. 1A-16.1. Automatic voter registration; Secretary of
4State.
5    (a) The Office of the Secretary of State and the State
6Board of Elections, pursuant to an interagency contract and
7jointly-adopted rules, shall establish an automatic voter
8registration program that satisfies the requirements of this
9Section and other applicable law.
10    (b) If an application, an application for renewal, a change
11of address form, or a recertification form for a driver's
12license, other than a temporary visitor's driver's license, or
13a State identification card issued by the Office of the
14Secretary of State meets the requirements of the federal REAL
15ID Act of 2005, then that application shall serve as a
16dual-purpose application. The dual-purpose application shall:
17        (1) also serve as an application to register to vote in
18    Illinois;
19        (2) allow an applicant to change his or her registered
20    residence address or name as it appears on the voter
21    registration rolls;
22        (3) provide the applicant with an opportunity to
23    affirmatively decline to register to vote or to change his
24    or her registered residence address or name by providing a
25    check box on the application form without requiring the

 

 

HB5224- 3 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 4 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 5 -LRB101 20611 SMS 70257 b

1currently registered to vote in Illinois and, if registered, at
2what address.
3    (d) The Office of the Secretary of State shall not require
4an applicant for a driver's license or State identification
5card to provide duplicate identification or information in
6order to complete an application to register to vote or change
7his or her registered residence address or name. Before
8transmitting any personal information about an applicant to the
9State Board of Elections, the Office of the Secretary of State
10shall review its records of the identification documents the
11applicant provided in order to complete the application for a
12driver's license or State identification card, to confirm that
13nothing in those documents indicates that the applicant does
14not satisfy the qualifications to register to vote in Illinois
15at his or her residence address.
16    (e) A completed, signed application for (i) a driver's
17license or permit, other than a temporary visitor's driver's
18license, or a State identification card issued by the Office of
19the Secretary of State, that meets the requirements of the
20federal REAL ID Act of 2005; or (ii) a completed application
21under subsection (b-5) of this Section with a separate
22signature attesting the applicant meets the qualifications to
23register to vote in Illinois at his or her residence address as
24indicated on his or her application shall constitute a signed
25application to register to vote in Illinois at the residence
26address indicated in the application unless the person

 

 

HB5224- 6 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 7 -LRB101 20611 SMS 70257 b

1permit, other than a temporary visitor's driver's license, or a
2State identification card offered by the Secretary of State
3that also serves as an application to register to vote in
4Illinois. "Dual-purpose application" does not mean an
5application under subsection (c) of Section 6-109 of the
6Illinois Vehicle Code.
7    (i) Notwithstanding any provision of law to the contrary,
8the operation and effect of this Section is suspended on the
9effective date of this amendatory Act of the 101st General
10Assembly through December 31, 2021.
11(Source: P.A. 100-464, eff. 8-28-17.)
 
12    (10 ILCS 5/1A-16.2)
13    Sec. 1A-16.2. Automatic voter registration; designated
14automatic voter registration agencies.
15    (a) Each designated automatic voter registration agency
16shall, pursuant to an interagency contract and jointly-adopted
17rules with the State Board of Elections, agree to participate
18in an automatic voter registration program established by the
19State Board of Elections that satisfies the requirements of
20this Section and other applicable law. If the designated
21automatic voter registration agency provides applications,
22applications for renewal, change of address forms, or
23recertification forms to individuals for services offered by
24another agency, then the State Board of Elections and the
25designated automatic voter agency shall consult with the other

 

 

HB5224- 8 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 9 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 10 -LRB101 20611 SMS 70257 b

1writing: (i) of the qualifications to register to vote in
2Illinois, (ii) of the penalties provided by law for submission
3of a false voter registration application, (iii) that, unless
4the applicant declines to register to vote or update his or her
5voter registration, his or her application shall also serve as
6both an application to register to vote and his or her
7attestation that he or she meets the eligibility requirements
8for voter registration, and that his or her application to
9register to vote or update his or her registration will be
10transmitted to the State Board of Elections for the purpose of
11registering the person to vote at the residence address to be
12indicated on the dual-purpose application, (iv) that
13information identifying the agency at which he or she applied
14to register to vote is confidential, (v) that declining to
15register to vote is confidential and will not affect any
16services the person may be seeking from the agency, and (vi)
17any additional information needed in order to comply with
18Section 7 of the federal National Voter Registration Act of
191993.
20    (d) The designated automatic voter registration agency
21shall review information provided to the agency by the State
22Board of Elections to inform each applicant whether the
23applicant is currently registered to vote in Illinois and, if
24registered, at what address.
25    (e) The designated automatic voter registration agency
26shall not require an applicant for a dual-purpose application

 

 

HB5224- 11 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 12 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 13 -LRB101 20611 SMS 70257 b

1        "Reliable personal information" means information
2    about individuals obtained from government sources that
3    may be used to verify whether an individual is eligible to
4    register to vote.
5    (h) This Section shall be implemented no later than July 1,
62019.
7    (i) Notwithstanding any provision of law to the contrary,
8the operation and effect of this Section is suspended on the
9effective date of this amendatory Act of the 101st General
10Assembly through December 31, 2021.
11(Source: P.A. 100-464, eff. 8-28-17.)
 
12    (10 ILCS 5/1A-16.5)
13    Sec. 1A-16.5. Online voter registration.
14    (a) The State Board of Elections shall establish and
15maintain a system for online voter registration that permits a
16person to apply to register to vote or to update his or her
17existing voter registration. In accordance with technical
18specifications provided by the State Board of Elections, each
19election authority shall maintain a voter registration system
20capable of receiving and processing voter registration
21application information, including electronic signatures, from
22the online voter registration system established by the State
23Board of Elections.
24    (b) The online voter registration system shall employ
25security measures to ensure the accuracy and integrity of voter

 

 

HB5224- 14 -LRB101 20611 SMS 70257 b

1registration applications submitted electronically pursuant to
2this Section.
3    (c) The Board may receive voter registration information
4provided by applicants using the State Board of Elections'
5website, may cross reference that information with data or
6information contained in the Secretary of State's database in
7order to match the information submitted by applicants, and may
8receive from the Secretary of State the applicant's digitized
9signature upon a successful match of that applicant's
10information with that contained in the Secretary of State's
11database.
12    (d) Notwithstanding any other provision of law, a person
13who is qualified to register to vote and who has an authentic
14Illinois driver's license or State identification card issued
15by the Secretary of State may submit an application to register
16to vote electronically on a website maintained by the State
17Board of Elections.
18    (e) An online voter registration application shall contain
19all of the information that is required for a paper application
20as provided in Section 1A-16 of this Code, except that the
21applicant shall be required to provide:
22        (1) the applicant's full Illinois driver's license or
23    State identification card number;
24        (2) the last 4 digits of the applicant's social
25    security number; and
26        (3) the date the Illinois driver's license or State

 

 

HB5224- 15 -LRB101 20611 SMS 70257 b

1    identification card was issued.
2    (f) For an applicant's registration or change in
3registration to be accepted, the applicant shall mark the box
4associated with the following statement included as part of the
5online voter registration application:
6    "By clicking on the box below, I swear or affirm all of the
7following:
8    (1) I am the person whose name and identifying information
9is provided on this form, and I desire to register to vote in
10the State of Illinois.
11    (2) All the information I have provided on this form is
12true and correct as of the date I am submitting this form.
13    (3) I authorize the Secretary of State to transmit to the
14State Board of Elections my signature that is on file with the
15Secretary of State and understand that such signature will be
16used by my local election authority on this online voter
17registration application for admission as an elector as if I
18had signed this form personally.".
19    (g) Immediately upon receiving a completed online voter
20registration application, the online voter registration system
21shall send, by electronic mail, a confirmation notice that the
22application has been received. Within 48 hours of receiving
23such an application, the online voter registration system shall
24send by electronic mail, a notice informing the applicant of
25whether the following information has been matched with the
26Secretary of State database:

 

 

HB5224- 16 -LRB101 20611 SMS 70257 b

1        (1) that the applicant has an authentic Illinois
2    driver's license or State identification card issued by the
3    Secretary of State and that the driver's license or State
4    identification number provided by the applicant matches
5    the driver's license or State identification card number
6    for that person on file with the Secretary of State;
7        (2) that the date of issuance of the Illinois driver's
8    license or State identification card listed on the
9    application matches the date of issuance of that card for
10    that person on file with the Secretary of State;
11        (3) that the date of birth provided by the applicant
12    matches the date of birth for that person on file with the
13    Secretary of State; and
14        (4) that the last 4 digits of the applicant's social
15    security number matches the last 4 digits for that person
16    on file with the Secretary of State.
17    (h) If the information provided by the applicant matches
18the information on the Secretary of State's databases for any
19driver's license and State identification card holder and is
20matched as provided in subsection (g) above, the online voter
21registration system shall:
22        (1) retrieve from the Secretary of State's database
23    files an electronic copy of the applicant's signature from
24    his or her Illinois driver's license or State
25    identification card and such signature shall be deemed to
26    be the applicant's signature on his or her online voter

 

 

HB5224- 17 -LRB101 20611 SMS 70257 b

1    registration application;
2        (2) within 2 days of receiving the application, forward
3    to the county clerk or board of election commissioners
4    having jurisdiction over the applicant's voter
5    registration: (i) the application, along with the
6    applicant's relevant data that can be directly loaded into
7    the jurisdiction's voter registration system and (ii) a
8    copy of the applicant's electronic signature and a
9    certification from the State Board of Elections that the
10    applicant's driver's license or State identification card
11    number, driver's license or State identification card date
12    of issuance, and date of birth and social security
13    information have been successfully matched.
14    (i) Upon receipt of the online voter registration
15application, the county clerk or board of election
16commissioners having jurisdiction over the applicant's voter
17registration shall promptly search its voter registration
18database to determine whether the applicant is already
19registered to vote at the address on the application and
20whether the new registration would create a duplicate
21registration. If the applicant is already registered to vote at
22the address on the application, the clerk or board, as the case
23may be, shall send the applicant by first class mail, and
24electronic mail if the applicant has provided an electronic
25mail address on the original voter registration form for that
26address, a disposition notice as otherwise required by law

 

 

HB5224- 18 -LRB101 20611 SMS 70257 b

1informing the applicant that he or she is already registered to
2vote at such address. If the applicant is not already
3registered to vote at the address on the application and the
4applicant is otherwise eligible to register to vote, the clerk
5or board, as the case may be, shall:
6        (1) enter the name and address of the applicant on the
7    list of registered voters in the jurisdiction; and
8        (2) send by mail, and electronic mail if the applicant
9    has provided an electronic mail address on the voter
10    registration form, a disposition notice to the applicant as
11    otherwise provided by law setting forth the applicant's
12    name and address as it appears on the application and
13    stating that the person is registered to vote.
14    (j) An electronic signature of the person submitting a
15duplicate registration application or a change of address form
16that is retrieved and imported from the Secretary of State's
17driver's license or State identification card database as
18provided herein may, in the discretion of the clerk or board,
19be substituted for and replace any existing signature for that
20individual in the voter registration database of the county
21clerk or board of election commissioners.
22    (k) Any new registration or change of address submitted
23electronically as provided in this Section shall become
24effective as of the date it is received by the county clerk or
25board of election commissioners having jurisdiction over said
26registration. Disposition notices prescribed in this Section

 

 

HB5224- 19 -LRB101 20611 SMS 70257 b

1shall be sent within 5 business days of receipt of the online
2application or change of address by the county clerk or board
3of election commissioners.
4    (l) All provisions of this Code governing voter
5registration and applicable thereto and not inconsistent with
6this Section shall apply to online voter registration under
7this Section. All applications submitted on a website
8maintained by the State Board of Elections shall be deemed
9timely filed if they are submitted no later than 11:59 p.m. on
10the 16th day prior to an election. After the registration
11period for an upcoming election has ended and until the 2nd day
12following such election, the web page containing the online
13voter registration form on the State Board of Elections website
14shall inform users of the procedure for grace period voting.
15    (m) The State Board of Elections shall maintain a list of
16the name, street address, e-mail address, and likely precinct,
17ward, township, and district numbers, as the case may be, of
18people who apply to vote online through the voter registration
19system and those names and that information shall be stored in
20an electronic format on its website, arranged by county and
21accessible to State and local political committees.
22    (n) The Illinois State Board of Elections shall develop or
23cause to be developed an online voter registration system able
24to be accessed by at least the top two most used mobile
25electronic operating systems by January 1, 2016.
26    (o) (Blank).

 

 

HB5224- 20 -LRB101 20611 SMS 70257 b

1    (p) Each State department that maintains an Internet
2website must include a hypertext link to the homepage website
3maintained and operated pursuant to this Section 1A-16.5. For
4the purposes of this Section, "State department" means the
5departments of State Government listed in Section 5-15 of the
6Civil Administrative Code of Illinois (General Provisions and
7Departments of State Government).
8    (q) Notwithstanding any provision of law to the contrary,
9the operation and effect of this Section is suspended on the
10effective date of this amendatory Act of the 101st General
11Assembly through December 31, 2021.
12(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14;
1398-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
14    (10 ILCS 5/1A-16.6)
15    Sec. 1A-16.6. Government agency voter registration.
16    (a) By April 1, 2016, the State Board of Elections shall
17establish and maintain a portal for government agency
18registration that permits an eligible person to electronically
19apply to register to vote or to update his or her existing
20voter registration whenever he or she conducts business, either
21online or in person, with a designated government agency. The
22portal shall interface with the online voter registration
23system established in Section 1A-16.5 of this Code and shall be
24capable of receiving and processing voter registration
25application information, including electronic signatures, from

 

 

HB5224- 21 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 22 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 23 -LRB101 20611 SMS 70257 b

1signature to the election authority on Election Day in the
2polling place or during early voting.
3    (c) The State Board of Elections shall track registration
4data received through the online registration system that
5originated from a designated government agency for the purposes
6of maintaining statistics required by the federal National
7Voter Registration Act of 1993, as amended.
8    (d) The State Board of Elections shall submit a report to
9the General Assembly and the Governor by December 1, 2015
10detailing the progress made to implement the government agency
11voter registration portal described in this Section.
12    (e) The Board shall adopt rules, in consultation with the
13impacted agencies.
14    (f) As used in this Section, a "designated government
15agency" means the Secretary of State's Driver Services and
16Vehicle Services Departments, the Department of Human
17Services, the Department of Healthcare and Family Services, the
18Department of Employment Security, and the Department on Aging;
19however, if the designated government agency becomes a
20designated automatic voter registration agency under Section
211A-16.1 or Section 1A-16.2 of this Code, that agency shall
22cease to be a designated government agency under this Section.
23    (g) Notwithstanding any provision of law to the contrary,
24the operation and effect of this Section is suspended on the
25effective date of this amendatory Act of the 101st General
26Assembly through December 31, 2021.

 

 

HB5224- 24 -LRB101 20611 SMS 70257 b

1(Source: P.A. 100-464, eff. 8-28-17.)
 
2    (10 ILCS 5/1A-16.7)
3    Sec. 1A-16.7. Automatic voter registration.
4    (a) The State Board of Elections shall establish and
5maintain a portal for automatic government agency voter
6registration that permits an eligible person to electronically
7apply to register to vote or to update his or her existing
8voter registration as provided in Section 1A-16.1 or Section
91A-16.2. The portal shall interface with the online voter
10registration system established in Section 1A-16.5 of this Code
11and shall be capable of receiving and processing voter
12registration application information, including electronic
13signatures, from the Office of the Secretary of State and each
14designated automatic voter registration agency, as defined in
15Section 1A-16.2. The State Board of Elections may
16cross-reference voter registration information from any
17designated automatic voter registration agency, as defined
18under Section 1A-16.2 of this Code, with information contained
19in the database of the Secretary of State as provided under
20subsection (c) of Section 1A-16.5 of this Code. The State Board
21of Elections shall modify the online voter registration system
22as necessary to implement this Section.
23    (b) Voter registration data received from the Office of the
24Secretary of State or a designated automatic voter registration
25agency through the online registration application system

 

 

HB5224- 25 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 26 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 27 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 28 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 29 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 30 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 31 -LRB101 20611 SMS 70257 b

1public report to the General Assembly and the Governor
2detailing the progress made to implement this Section. The
3report shall include all of the following: the number of
4records transferred under this Section by agency, the number of
5voters newly added to the statewide voter registration list
6because of records transferred under this Section by agency,
7the number of updated registrations under this Section by
8agency, the number of persons who opted out of voter
9registration, and the number of voters who submitted voter
10registration forms using the online procedure described in
11Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
12may include less detail if election authorities are not
13equipped to provide complete information to the State Board of
14Elections. Any report produced under this subsection (o) shall
15exclude any information that identifies any individual
16personally.
17    (p) The State Board of Elections, in consultation with
18election authorities, the Office of the Secretary of State,
19designated automatic voter registration agencies, and
20community organizations, shall adopt rules as necessary to
21implement the provisions of this Section.
22    (q) Notwithstanding any provision of law to the contrary,
23the operation and effect of this Section is suspended on the
24effective date of this amendatory Act of the 101st General
25Assembly through December 31, 2021.
26(Source: P.A. 100-464, eff. 8-28-17.)
 

 

 

HB5224- 32 -LRB101 20611 SMS 70257 b

1    (10 ILCS 5/1A-16.8)
2    Sec. 1A-16.8. Automatic transfer of registration based
3upon information from the National Change of Address database
4and designated automatic voter registration agencies.
5    (a) The State Board of Elections shall cross-reference the
6statewide voter registration database against the United
7States Postal Service's National Change of Address database
8twice each calendar year, April 15 and October 1 in
9odd-numbered years and April 15 and December 1 in even-numbered
10years or with the same frequency as in subsection (b) of this
11Section, and shall share the findings with the election
12authorities.
13    (b) In addition, beginning no later than September 1, 2017,
14the State Board of Elections shall utilize data provided as
15part of its membership in the Electronic Registration
16Information Center in order to cross-reference the statewide
17voter registration database against databases of relevant
18personal information kept by designated automatic voter
19registration agencies, including, but not limited to, driver's
20license information kept by the Secretary of State, at least 6
21times each calendar year and shall share the findings with
22election authorities.
23    This subsection (b) shall no longer apply once Sections
241A-16.1 and 1A-16.2 of this Code are fully implemented as
25determined by the State Board of Elections. Upon a

 

 

HB5224- 33 -LRB101 20611 SMS 70257 b

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

 

 

HB5224- 34 -LRB101 20611 SMS 70257 b

1    includes the previous registration address is a different
2    election authority, then that election authority provides
3    the same opportunity through a mailing, sent by forwardable
4    mail, to the previous registration address.
5    This change in registration shall trigger the same
6inter-jurisdictional or intra-jurisdictional workflows as if
7the voter completed a new registration card, including the
8cancellation of the voter's previous registration. Should the
9registration of a voter be changed from one address to another
10within the State and should the voter appear at the polls and
11offer to vote from the prior registration address, attesting
12that the prior registration address is the true current
13address, the voter, if confirmed by the election authority as
14having been registered at the prior registration address and
15canceled only by the process authorized by this Section, shall
16be issued a regular ballot, and the change of registration
17address shall be canceled. If the election authority is unable
18to immediately confirm the registration, the voter shall be
19permitted to register and vote a regular ballot, provided that
20he or she meets the documentary requirements for same-day
21registration. If the election authority is unable to confirm
22the registration and the voter does not meet the requirements
23for same-day registration, the voter shall be issued a
24provisional ballot.
25    (d) No voter shall be disqualified from voting due to an
26error relating to an update of registration under this Section.

 

 

HB5224- 35 -LRB101 20611 SMS 70257 b

1    (e) Notwithstanding any provision of law to the contrary,
2the operation and effect of this Section is suspended on the
3effective date of this amendatory Act of the 101st General
4Assembly through December 31, 2021.
5(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
 
6    (10 ILCS 5/1A-16.9)
7    Sec. 1A-16.9. Implementation. Except as otherwise provided
8by this amendatory Act of the 101st General Assembly, the The
9changes made by Public Act 100-464 this amendatory Act of the
10100th General Assembly shall be implemented no later than July
111, 2018, except for the changes made to Section 1A-16.2 of this
12Code.
13(Source: P.A. 100-464, eff. 8-28-17.)
 
14    (10 ILCS 5/1A-45)
15    Sec. 1A-45. Electronic Registration Information Center.
16    (a) The State Board of Elections shall enter into an
17agreement with the Electronic Registration Information Center
18effective no later than January 1, 2016, for the purpose of
19maintaining a statewide voter registration database. The State
20Board of Elections shall comply with the requirements of the
21Electronic Registration Information Center Membership
22Agreement. The State Board of Elections shall require a term in
23the Electronic Registration Information Center Membership
24Agreement that requires the State to share identification

 

 

HB5224- 36 -LRB101 20611 SMS 70257 b

1records contained in the Secretary of State's Driver Services
2Department and Vehicle Services Department, the Department of
3Human Services, the Department of Healthcare and Family
4Services, the Department on of Aging, and the Department of
5Employment Security databases (excluding those fields
6unrelated to voter eligibility, such as income or health
7information).
8    (b) The Secretary of State and the State Board of Elections
9shall enter into an agreement to permit the Secretary of State
10to provide the State Board of Elections with any information
11required for compliance with the Electronic Registration
12Information Center Membership Agreement. The Secretary of
13State shall deliver this information as frequently as necessary
14for the State Board of Elections to comply with the Electronic
15Registration Information Center Membership Agreement.
16    (b-5) The State Board of Elections and the Department of
17Human Services, the Department of Healthcare and Family
18Services, the Department on Aging, and the Department of
19Employment Security shall enter into an agreement to require
20each department to provide the State Board of Elections with
21any information necessary to transmit member data under the
22Electronic Registration Information Center Membership
23Agreement. The director or secretary, as applicable, of each
24agency shall deliver this information on an annual basis to the
25State Board of Elections pursuant to the agreement between the
26entities.

 

 

HB5224- 37 -LRB101 20611 SMS 70257 b

1    (c) Any communication required to be delivered to a
2registrant or potential registrant pursuant to the Electronic
3Registration Information Center Membership Agreement shall
4include at least the following message:
5        "Our records show people at this address may not be
6    registered to vote at this address, but you may be eligible
7    to register to vote or re-register to vote at this address.
8    If you are a U.S. Citizen, a resident of Illinois, and will
9    be 18 years old or older before the next general election
10    in November, you are qualified to vote.
11        We invite you to check your registration online at
12    (enter URL) or register to vote online at (enter URL), by
13    requesting a mail-in voter registration form by (enter
14    instructions for requesting a mail-in voter registration
15    form), or visiting the (name of election authority) office
16    at (address of election authority)."
17    The words "register to vote online at (enter URL)" shall be
18bolded and of a distinct nature from the other words in the
19message required by this subsection (c).
20    (d) Any communication required to be delivered to a
21potential registrant that has been identified by the Electronic
22Registration Information Center as eligible to vote but who is
23not registered to vote in Illinois shall be prepared and
24disseminated at the direction of the State Board of Elections.
25All other communications with potential registrants or
26re-registrants pursuant to the Electronic Registration

 

 

HB5224- 38 -LRB101 20611 SMS 70257 b

1Information Center Membership Agreement shall be prepared and
2disseminated at the direction of the appropriate election
3authority.
4    (e) The Executive Director of the State Board of Elections
5or his or her designee shall serve as the Member Representative
6to the Electronic Registration Information Center.
7    (f) The State Board of Elections may adopt any rules
8necessary to enforce this Section or comply with the Electronic
9Registration Information Center Membership Agreement.
10    (g) Notwithstanding any provision of law to the contrary,
11the operation and effect of this Section is suspended on the
12effective date of this amendatory Act of the 101st General
13Assembly through December 31, 2021.
14(Source: P.A. 98-1171, eff. 6-1-15; revised 7-17-19.)
 
15    (10 ILCS 5/1A-60 new)
16    Sec. 1A-60. Review of automatic voter registration;
17removal of improperly registered voters.
18    (a) The State Board of Elections, in consultation with the
19Secretary of State, other designated government agencies, and a
20statewide association representing county clerks and
21recorders, shall review voter registration and voter
22registration-related information acquired by the Board under
23the provisions of Sections 1A-16.1, 1A-16.2, 1A-16.5, 1A-16.6,
241A-16.7, or 1A-16.8 from July 2, 2018 through the effective
25date of this amendatory Act of the 101st General Assembly in

 

 

HB5224- 39 -LRB101 20611 SMS 70257 b

1order to determine whether any persons were improperly
2registered to vote. Any improperly registered persons so
3identified shall be removed from the centralized statewide
4voter registration list maintained under Section 1A-25, and the
5Board shall direct the appropriate local election authorities
6to remove those improperly registered persons from their rolls
7of registered voters.
8    (b) The State Board of Elections, in consultation with the
9Secretary of State, other designated government agencies, and a
10statewide association representing county clerks and
11recorders, shall conduct a comprehensive examination of the
12automatic voter registration process to determine the cause or
13causes that allowed individuals to improperly register to vote
14under the Sections identified in subsection (a) from July 2,
152018 through the effective date of this amendatory Act of the
16101st General Assembly, including, but not limited to,
17programming errors.
18    (c) The State Board of Elections, in consultation with the
19Secretary of State, other designated government agencies, and a
20statewide association representing county clerks and
21recorders, shall determine the corrective measures needed to
22prevent the improper registrations identified under subsection
23(b), together with future improper registrations and shall
24implement those corrective measures in a timely manner so that
25voter registration under the Sections identified in subsection
26(a) may resume on January 1, 2022.

 

 

HB5224- 40 -LRB101 20611 SMS 70257 b

1    (d) The State Board of Elections shall report to the
2Governor and the General Assembly on the cause or causes
3identified under subsection (b) and the corrective measures
4taken under subsection (c), together with its recommendations
5for future improvements to prevent the recurrence of improper
6voter registration under the Sections identified in subsection
7(a) on or before December 31, 2021.
8    (e) The State Board of Elections shall adopt such rules as
9it deems necessary to carry out the requirements of this
10Section.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.