Illinois General Assembly - Full Text of HB4137
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Full Text of HB4137  102nd General Assembly

HB4137 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4137

 

Introduced 9/3/2021, by Rep. Mark Batinick

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-16.1a new
10 ILCS 5/1A-16.2
10 ILCS 5/1A-16.7
430 ILCS 65/13.5 new
430 ILCS 66/57 new

    Amends the Election Code. Provides that the Illinois State Police and State Board of Elections shall establish an automatic voter registration program that allows an application for, application for renewal of, or change of address form for a Firearm Owner's Identification Card or a concealed carry license to serve as a dual-purpose application to register to vote in Illinois, change his or her registered residence address or name as it appears on the voter registration rolls, affirmatively decline to register to vote, and attest to meting the qualifications to register to vote. Provides that a completed, signed application for a Firearm Owner's Identification Card or concealed carry license shall constitute a signed application to register to vote in Illinois at the residence address indicated in the application unless the person affirmatively declined in the application to register to vote or to change his or her registered residence address or name. Requires the Illinois State Police to electronically transmit to the State Board of Elections personal information needed to complete the person's registration to vote in Illinois at his or her residence address. Makes conforming changes in the Election Code, Firearm Owners Identification Card Act, and the Firearm Concealed Carry Act.


LRB102 19179 SMS 27944 b

 

 

A BILL FOR

 

HB4137LRB102 19179 SMS 27944 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 1A-16.2 and 1A-16.7 and by adding Section 1A-16.1a as
6follows:
 
7    (10 ILCS 5/1A-16.1a new)
8    Sec. 1A-16.1a. Automatic voter registration; Illinois
9State Police.
10    (a) The Illinois State Police and the State Board of
11Elections, pursuant to an interagency contract and
12jointly-adopted rules, shall establish an automatic voter
13registration program that satisfies the requirements of this
14Section and other applicable law.
15    (b) An application, an application for renewal, or a
16change of address form for a Firearm Owner's Identification
17Card under the Firearm Owners Identification Card Act or a
18concealed carry license under the Firearm Concealed Carry Act
19shall serve as a dual-purpose application. The dual-purpose
20application shall:
21        (1) also serve as an application to register to vote
22    in Illinois;
23        (2) allow an applicant to change his or her registered

 

 

HB4137- 2 -LRB102 19179 SMS 27944 b

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 to change his
5    or 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 change his or her registered residence address or name,
10    require the applicant to attest, by signature under
11    penalty of perjury as described in subsection (e) of this
12    Section, to meeting the qualifications to register to vote
13    in Illinois at his or her residence address as indicated
14    on his or her Firearm Owner's Identification Card or
15    concealed carry license dual-purpose application.
16    (c) The Illinois State Police shall clearly and
17conspicuously inform each applicant in writing: (i) of the
18qualifications to register to vote in Illinois, (ii) of the
19penalties provided by law for submission of a false voter
20registration application, (iii) that, unless the applicant
21declines to register to vote or update his or her voter
22registration, his or her dual-purpose application shall also
23serve as both an application to register to vote and his or her
24attestation that he or she meets the eligibility requirements
25for voter registration, and that his or her application to
26register to vote or update his or her registration will be

 

 

HB4137- 3 -LRB102 19179 SMS 27944 b

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

 

 

HB4137- 4 -LRB102 19179 SMS 27944 b

1    (e) A completed, signed application for a Firearm Owner's
2Identification Card or concealed carry license shall
3constitute a signed application to register to vote in
4Illinois at the residence address indicated in the application
5unless the person affirmatively declined in the application to
6register to vote or to change his or her registered residence
7address or name. If the identification documents provided to
8complete the dual-purpose application indicate that he or she
9does not satisfy the qualifications to register to vote in
10Illinois at his or her residence address, the application
11shall be marked as incomplete.
12    (f) For each completed and signed application that
13constitutes an application to register to vote in Illinois or
14provides for a change in the applicant's registered residence
15address or name, the Illinois State Police shall
16electronically transmit to the State Board of Elections
17personal information needed to complete the person's
18registration to vote in Illinois at his or her residence
19address. The application to register to vote shall be
20processed in accordance with Section 1A-16.7.
21    (g) As used in this Section, "dual-purpose application"
22means an application, an application for renewal, or a change
23of address form for a Firearm Owner's Identification Card or
24concealed carry license offered by the Illinois State Police
25that also serves as an application to register to vote in
26Illinois. "Dual-purpose application" does not mean an

 

 

HB4137- 5 -LRB102 19179 SMS 27944 b

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

 

 

HB4137- 6 -LRB102 19179 SMS 27944 b

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

 

 

HB4137- 7 -LRB102 19179 SMS 27944 b

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

 

 

HB4137- 8 -LRB102 19179 SMS 27944 b

1transmitted to the State Board of Elections for the purpose of
2registering the person to vote at the residence address to be
3indicated on the dual-purpose application, (iv) that
4information identifying the agency at which he or she applied
5to register to vote is confidential, (v) that declining to
6register to vote is confidential and will not affect any
7services the person may be seeking from the agency, and (vi)
8any additional information needed in order to comply with
9Section 7 of the federal National Voter Registration Act of
101993.
11    (d) The designated automatic voter registration agency
12shall review information provided to the agency by the State
13Board of Elections to inform each applicant whether the
14applicant is currently registered to vote in Illinois and, if
15registered, at what address.
16    (e) The designated automatic voter registration agency
17shall not require an applicant for a dual-purpose application
18to provide duplicate identification or information in order to
19complete an application to register to vote or change his or
20her registered residence address or name. Before transmitting
21any personal information about an applicant to the State Board
22of Elections, the agency shall review its records of the
23identification documents the applicant provided or that the
24agency cross-references in order to complete the dual-purpose
25application, to confirm that nothing in those documents
26indicates that the applicant does not satisfy the

 

 

HB4137- 9 -LRB102 19179 SMS 27944 b

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

 

 

HB4137- 10 -LRB102 19179 SMS 27944 b

1        "Designated automatic voter registration agency" or
2    "agency" means the divisions of Family and Community
3    Services and Rehabilitation Services of the Department of
4    Human Services, the Department of Employment Security, the
5    Department of Financial and Professional Regulation, the
6    Department of Natural Resources, the Illinois State
7    Police, or an agency of the State or federal government
8    that has been determined by the State Board of Elections
9    to have access to reliable personal information and has
10    entered into an interagency contract with the State Board
11    of Elections to participate in the automatic voter
12    registration program under this Section.
13        "Dual-purpose application" means an application, an
14    application for renewal, a change of address form, or a
15    recertification form for a license, permit, program, or
16    service offered by a designated automatic voter
17    registration agency that also serves as an application to
18    register to vote in Illinois.
19        "Reliable personal information" means information
20    about individuals obtained from government sources that
21    may be used to verify whether an individual is eligible to
22    register to vote.
23    (h) This Section shall be implemented no later than July
241, 2019.
25(Source: P.A. 100-464, eff. 8-28-17.)
 

 

 

HB4137- 11 -LRB102 19179 SMS 27944 b

1    (10 ILCS 5/1A-16.7)
2    Sec. 1A-16.7. Automatic voter registration.
3    (a) The State Board of Elections shall establish and
4maintain a portal for automatic government agency voter
5registration that permits an eligible person to electronically
6apply to register to vote or to update his or her existing
7voter registration as provided in Section 1A-16.1 , 1A-16.1a,
8or Section 1A-16.2. The portal shall interface with the online
9voter registration system established in Section 1A-16.5 of
10this Code and shall be capable of receiving and processing
11voter registration application information, including
12electronic signatures, from the Office of the Secretary of
13State and each designated automatic voter registration agency,
14as defined in Section 1A-16.2. The State Board of Elections
15may cross-reference voter registration information from any
16designated automatic voter registration agency, as defined
17under Section 1A-16.2 of this Code, with information contained
18in the database of the Secretary of State as provided under
19subsection (c) of Section 1A-16.5 of this Code. The State
20Board of Elections shall modify the online voter registration
21system as necessary to implement this Section.
22    (b) Voter registration data received from the Office of
23the Secretary of State or a designated automatic voter
24registration agency through the online registration
25application system shall be processed as provided in Section
261A-16.5 of this Code.

 

 

HB4137- 12 -LRB102 19179 SMS 27944 b

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

 

 

HB4137- 13 -LRB102 19179 SMS 27944 b

1voter registration agency, the agency must transmit a
2signature image if available. If no signature image was
3provided by the agency, or if no signature image is available
4in the Office of the Secretary of State's database or the
5statewide voter registration database, the applicant must be
6notified that his or her registration will remain in a pending
7status, and the applicant will be required to provide
8identification that complies with the federal Help America
9Vote Act of 2002 and a signature to the election authority on
10election day in the polling 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
19in Illinois and is not disqualified as provided in this
20Section or whose information reliably indicates a more recent
21update to the name or address of a person already included in
22the statewide voter database. The election authority shall
23process the application accordingly.
24    (g) The appropriate election authority shall ensure that
25any applicant who is registered to vote or whose existing
26voter registration is updated under this Section is promptly

 

 

HB4137- 14 -LRB102 19179 SMS 27944 b

1sent written 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
23notices sent pursuant to Section 1A-16.5 of this Code. Any
24notice required by this subsection (h) shall contain, at a
25minimum, the reason the application was not accepted or deemed
26incomplete and contact information for the appropriate

 

 

HB4137- 15 -LRB102 19179 SMS 27944 b

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
9considered to 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,
15nor shall 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

 

 

HB4137- 16 -LRB102 19179 SMS 27944 b

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
5of State, and designated automatic voter registration
6agencies, but shall be used only for voter registration
7purposes, shall not be disclosed to the public except in the
8aggregate as required by subsection (m) of this Section, and
9shall not be subject to the Freedom of Information Act. The
10following information 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

 

 

HB4137- 17 -LRB102 19179 SMS 27944 b

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
12State, and each designated automatic voter registration agency
13that maintains a website shall provide information on their
14websites informing the public about the new registration
15procedures described in this Section. The Office of the
16Secretary of State and each designated automatic voter
17registration agency shall display signage or provide
18literature for the public containing information about the new
19registration procedures described in this 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

 

 

HB4137- 18 -LRB102 19179 SMS 27944 b

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
4of voters 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(Source: P.A. 100-464, eff. 8-28-17.)
 
22    Section 10. The Firearm Owners Identification Card Act is
23amended by adding Section 13.5 as follows:
 
24    (430 ILCS 65/13.5 new)

 

 

HB4137- 19 -LRB102 19179 SMS 27944 b

1    Sec. 13.5. State Board of Elections; automatic voter
2registration. Each person applying for a Firearm Owner's
3Identification Card, renewal of a Firearm Owner's
4Identification Card, or a change of address shall be notified,
5under the procedures set forth in Sections 1A-16.1a and
61A-16.7 of the Election Code, that unless he or she
7affirmatively declines, his or her personal information shall
8be transferred to the State Board of Elections for the purpose
9of creating an electronic voter registration application. Such
10notification may be made in writing or verbally issued by an
11employee or the Secretary of State.
12    The Illinois State Police shall adopt rules as may be
13necessary for the efficient execution of duties required under
14this Section.
 
15    Section 15. The Firearm Concealed Carry Act is amended by
16adding Section 57 as follows:
 
17    (430 ILCS 66/57 new)
18    Sec. 57. State Board of Elections; automatic voter
19registration. Each person applying for a concealed carry
20license, renewal of a concealed carry license, or a change of
21address shall be notified, under the procedures set forth in
22Sections 1A-16.1a and 1A-16.7 of the Election Code, that
23unless he or she affirmatively declines, his or her personal
24information shall be transferred to the State Board of

 

 

HB4137- 20 -LRB102 19179 SMS 27944 b

1Elections for the purpose of creating an electronic voter
2registration application. Such notification may be made in
3writing or verbally issued by an employee or the Secretary of
4State.
5    The Illinois State Police shall adopt rules as may be
6necessary for the efficient execution of duties required under
7this Section.