Illinois General Assembly - Full Text of SB0250
Illinois General Assembly

Previous General Assemblies

Full Text of SB0250  99th General Assembly

SB0250enr 99TH GENERAL ASSEMBLY



 


 
SB0250 EnrolledLRB099 02958 MGM 22966 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-16.6 and 1A-16.8 as follows:
 
6    (10 ILCS 5/1A-16.6)
7    Sec. 1A-16.6. Government agency voter registration.
8    (a) The By April 1, 2016, the State Board of Elections
9shall establish and maintain a portal for automatic government
10agency registration that permits an eligible person to
11electronically apply to register to vote or to update his or
12her existing voter registration whenever he or she conducts
13business, either online or in person, with a designated
14government agency. The portal shall interface with the online
15voter registration system established in Section 1A-16.5 of
16this Code and shall be capable of receiving and processing
17voter registration application information, including
18electronic signatures, from a designated government agency.
19The State Board of Elections shall modify the online voter
20registration system as necessary to implement this Section.
21    Voter registration data received from a designated
22government agency through the online registration application
23system shall be processed as provided for in Section 1A-16.5 of

 

 

SB0250 Enrolled- 2 -LRB099 02958 MGM 22966 b

1this Code.
2    Whenever the registration interface is accessible to the
3general public, including, but not limited to, online
4transactions, the interface shall allow the applicant to
5complete the process as provided for in Section 1A-16.5 of this
6Code. The online interface shall be capable of providing the
7applicant with the applicant's voter registration status with
8the State Board of Elections and, if registered, the
9applicant's current registration address. The applicant shall
10not be required to re-enter any registration data, such as
11name, address, and birth date, if the designated government
12agency already has that information on file. The applicant
13shall be informed that by choosing to register to vote or to
14update his or her existing voter registration, the applicant
15consents to the transfer of the applicant's personal
16information to the State Board of Elections.
17    (a-5) Whenever an employee of a designated government
18agency serves a member of the public a government employee is
19accessing the registration system while servicing the
20applicant, the agency shall inform the individual in writing of
21the qualifications to register to vote in Illinois and of the
22penalties provided by law for submission of a false voter
23registration application and shall provide an opportunity to
24attest to meeting those qualifications under penalty of
25perjury. The agency shall notify the individual that his or her
26personal information shall be transferred to the State Board of

 

 

SB0250 Enrolled- 3 -LRB099 02958 MGM 22966 b

1Elections for the purpose of creating an electronic voter
2registration application, and that the individual will only be
3registered to vote if he or she meets the qualifications to
4register to vote in Illinois. The agency shall not require the
5individual to provide duplicate information, including, but
6not limited to, any information he or she has already provided
7as part of the underlying service transaction, except for a
8signature. The agency shall inform the individual in writing
9that declining to transfer his or her personal information for
10voter registration purposes is confidential and will not affect
11any services the individual may be seeking from the agency. The
12agency shall inform the individual that the identity of the
13designated government agency transferring voter registration
14information is confidential. The individual shall not be
15required to disclose the reason for declining, including his or
16her citizenship status. The agency shall collect all needed
17information for voter registration. After each transaction,
18the agency shall electronically transfer to the State Board of
19Elections personal information relevant to voter registration,
20including all records of documents relating to identity,
21address, and citizenship. The Secretary of State's Driver
22Services Department shall send this information to the State
23Board of Elections for every applicant, regardless of whether
24or not the individual attested to his or her eligibility to
25register to vote. All other designated government agencies
26shall send this information to the State Board of Elections

 

 

SB0250 Enrolled- 4 -LRB099 02958 MGM 22966 b

1only if the individual attested that he or she is eligible to
2register to vote. The State Board of Elections shall
3electronically transfer to the appropriate election authority
4all voter registration information required for each voter
5registration application it creates government employee shall
6notify the applicant of the applicant's registration status
7with the State Board of Elections and, if registered, the
8applicant's current registration address. If the applicant
9elects to register to vote or to update his or her existing
10voter registration, the government employee shall collect the
11needed information and assist the applicant with his or her
12registration. The applicant shall be informed that by choosing
13to register to vote or to update his or her existing voter
14registration, the applicant consents to the transfer of the
15applicant's personal information to the State Board of
16Elections.
17    (a-10) Upon receipt of personal information collected and
18transferred by a designated government agency, the State Board
19of Elections shall check the information against the statewide
20voter registration database. The State Board of Elections shall
21create and electronically transmit to the appropriate election
22authority a voter registration application for any individual
23who is not registered to vote in Illinois and is not
24disqualified as provided in subsection (a-15) of this Section
25or whose information reliably indicates a more recent update to
26the name or address of a person already included in the

 

 

SB0250 Enrolled- 5 -LRB099 02958 MGM 22966 b

1statewide voter database, regardless of whether the individual
2attested to his or her eligibility to register to vote during
3the agency transaction. The election authority shall process
4the application accordingly.
5    (a-15) If the State Board of Elections determines that
6personal information collected and transferred by the
7designated government agency of an individual who attested to
8his or her eligibility to register to vote includes a green
9card or other legal proof that the person is not a United
10States citizen, then the State Board of Elections shall not
11create a voter registration application and shall notify the
12person of the reason his or her voter registration application
13is incomplete.
14    (a-20) Unless the application is incomplete pursuant to
15subsection (a-15), the State Board of Elections shall create
16and electronically transmit to the appropriate election
17authority a voter registration application for any individual
18who has attested to meeting voter eligibility requirements. If
19the personal information collected and transferred by the
20designated government agency does not make it clear whether or
21not a person is qualified to register to vote in Illinois, then
22the person's attestation that he or she is so qualified shall
23be deemed sufficient evidence of meeting qualifications to
24register to vote and the election authority shall process the
25application accordingly.
26    (a-25) The appropriate election authority shall ensure

 

 

SB0250 Enrolled- 6 -LRB099 02958 MGM 22966 b

1that any applicant who is registered to vote or whose existing
2voter registration is updated under this Section is promptly
3sent written notice of the change. The notice may be sent by
4electronic mail if the applicant has provided an electronic
5mail address on the voter registration form. The notice
6required by this subsection (a-25) may be sent or combined with
7other notices required or permitted by law, including, but not
8limited to, any notices sent pursuant to Section 1A-16.5 of
9this Code. Any notice required by this subsection (a-25) shall
10contain, at a minimum:
11        (1) the applicant's name, date of birth, and
12    residential address as reflected on the voter registration
13    list;
14        (2) a statement that the applicant will be registered
15    to vote or will have his or her voter registration updated
16    unless he or she declines registration;
17        (3) a statement of the qualifications to be a voter;
18        (4) a statement that it is illegal for a person who is
19    not qualified to be a voter to vote in an election, which
20    shall be printed in larger text than the rest of the
21    notice;
22        (5) a statement (i) notifying the applicant to opt out
23    if he or she does not meet the qualifications to be a voter
24    by returning a prepaid postcard, opting out online, or
25    otherwise contacting the appropriate election authority
26    and (ii) stating that the applicant does not have to

 

 

SB0250 Enrolled- 7 -LRB099 02958 MGM 22966 b

1    provide a reason he or she is declining voter registration
2    or disclose citizenship status.
3        (6) a statement notifying the applicant to contact the
4    appropriate election authority if his or her voter
5    registration has been updated in error;
6        (7) a statement notifying the applicant that he or she
7    may opt out of voter registration, or request a change to
8    registration information, at any time by contacting an
9    election official;
10        (8) a prepaid postcard allowing the applicant to opt
11    out of voter registration or update his or her voter
12    registration information, or directions for opting out of
13    voter registration or updating voter registration
14    information online;
15        (9) contact information for the appropriate election
16    authority, including a phone number, address, electronic
17    mail address, and website address;
18        (10) a statement notifying the applicant that some
19    personal information related to voter registration may be
20    subject to public disclosure for purposes related to the
21    electoral process unless protected under an address
22    confidentiality program; and
23        (11) any other information necessary to fulfill the
24    obligations of this Section or local, State, or federal
25    law.
26    (a-30) The appropriate election authority shall ensure

 

 

SB0250 Enrolled- 8 -LRB099 02958 MGM 22966 b

1that any applicant whose voter registration application is not
2accepted or deemed incomplete is promptly sent written notice
3of the application's status. The notice may be sent by
4electronic mail if the applicant has provided an electronic
5mail address on the voter registration form. The notice
6required by this subsection (a-30) may be sent or combined with
7other notices required or permitted by law, including, but not
8limited to, any notices sent pursuant to Section 1A-16.5 of
9this Code. Any notice required by this subsection (a-30) shall
10contain, at a minimum, the reason the application was not
11accepted or deemed incomplete and contact information for the
12appropriate election authority including a phone number,
13address, electronic mail address, and website address.
14    (a-35) If a designated government agency transfers
15information, or if the State Board of Elections creates and
16transmits a voter registration application, for a person who
17does not qualify as an eligible voter, then it shall not
18constitute a completed voter registration form, and the person
19shall not be considered to have registered to vote. If the
20registration is processed by any election authority, then it
21shall be presumed to have been effected and officially
22authorized by the State and that person shall not be found on
23that basis to have made a false claim to citizenship or to have
24committed an act of moral turpitude, nor shall that person be
25subject to penalty under any relevant laws, including, but not
26limited to, Sections 29-10 and 29-19 of this Code. This

 

 

SB0250 Enrolled- 9 -LRB099 02958 MGM 22966 b

1subsection (a-35) does not apply to any person who knows that
2he or she is ineligible to register to vote but who knowingly
3and willfully registers to vote or attests under penalty of
4perjury that he or she is eligible to register to vote.
5    (a-40) No employee of a designated government agency shall
6transmit to the State Board of Elections personal information
7for any person who applies for or is issued a temporary
8visitor's driver's license pursuant to Section 6-105.1 of the
9Illinois Vehicle Code.
10    (a-45) In the event that the registration of a voter is
11changed from one address to another within the State and the
12voter appears at the polls and offers to vote from the prior
13registration address, attesting that the prior registration
14address is the true current address, the voter, if confirmed by
15the election authority as having been registered at the prior
16registration address and canceled only by the process
17authorized by this Section, shall be issued a regular ballot,
18and the change of registration address shall be canceled. If
19the election authority is unable to immediately confirm the
20registration, then the voter shall be permitted to register and
21vote a regular ballot, provided that he or she meets the
22documentary requirements for same-day registration. If the
23election authority is unable to confirm the registration and
24the voter does not meet the requirements for same-day
25registration, then the voter shall be issued a provisional
26ballot and the provisional ballot shall be counted as provided

 

 

SB0250 Enrolled- 10 -LRB099 02958 MGM 22966 b

1for under Article 18A of this Code. No voter shall be
2disqualified from voting due to an error relating to an update
3of registration made under this Section.
4    (a-50) In accordance with technical specifications
5provided by the State Board of Elections, each designated
6government agency shall maintain a data transfer mechanism
7capable of transmitting voter registration application
8information, including electronic signatures where available,
9to the online voter registration system established in Section
101A-16.5 of this Code. Each designated government agency shall
11establish and operate a voter registration system capable of
12transmitting voter registration application information to the
13portal as described in this Section by July 1, 2016.
14    (b) Whenever an applicant's data is transferred from a
15designated government agency, the agency must transmit a
16signature image if available. If no signature image was
17provided by the agency or if no signature image is available in
18the Secretary of State's database or the statewide voter
19registration database, the applicant must be notified that his
20or her their registration will remain in a pending status and
21the applicant will be required to provide identification that
22complies with the federal Help America Vote Act of 2002 and a
23signature to the election authority on Election Day in the
24polling place or during early voting.
25    (b-5) The State Board of Elections and designated
26government agencies shall implement policies and procedures to

 

 

SB0250 Enrolled- 11 -LRB099 02958 MGM 22966 b

1protect the privacy and security of voter information as it is
2acquired, stored, and transmitted among agencies, including
3policies for the retention and preservation of voter
4information. Information designated as confidential under this
5Section may be recorded and shared among the State Board of
6Elections, election authorities, and designated government
7agencies, but shall be used only for voter registration
8purposes, shall not be disclosed to the public except in the
9aggregate as required by subsection (d) of this Section, and
10shall not be subject to the Freedom of Information Act. The
11following information shall be designated as confidential: any
12portion of an applicant's Social Security number, any portion
13of an applicant's motor vehicle driver's license number or
14State identification number, an applicant's decision to
15decline voter registration, the identity of the designated
16government agency providing information relating to a specific
17applicant, and the personal residence and contact information
18of any applicant for whom local, State, or federal law requires
19confidentiality, including, but not limited to, a victim of
20domestic violence pursuant to the Address Confidentiality for
21Victims of Domestic Violence Act or a victim of stalking
22pursuant to the Stalking No Contact Order Act. This subsection
23(b-5) shall not apply to information the State Board of
24Elections is required to share with the Electronic Registration
25Information Center.
26    (c) The voter registration procedures implemented under

 

 

SB0250 Enrolled- 12 -LRB099 02958 MGM 22966 b

1this Section shall comport with the federal National Voter
2Registration Act of 1993, as amended, and shall specifically
3require that the The State Board of Elections shall track
4registration data received through the online registration
5system that originated from a designated government agency for
6the purposes of maintaining statistics required by the federal
7National Voter Registration Act of 1993, as amended.
8    (d) The State Board of Elections shall submit an annual
9public a report to the General Assembly and the Governor by
10December 1, 2015 detailing the progress made to implement the
11government agency voter registration portal described in this
12Section. The report shall include all of the following: the
13number of records transferred under this Section by agency, the
14number of voters newly added to the statewide voter
15registration list because of records transferred under this
16Section by agency, the number of updated registrations under
17this Section by agency, the number of persons who opted out of
18voter registration, and the number of voters who submitted
19voter registration forms using the online procedure described
20in Section 1A-16.5 of this Code. Any report produced under this
21subsection (d) shall exclude any information that identifies
22any individual personally.
23    (d-5) The State Board of Elections, each election authority
24that maintains a website, and each designated government agency
25that maintains a website shall provide information on their
26websites informing the public about the new registration

 

 

SB0250 Enrolled- 13 -LRB099 02958 MGM 22966 b

1procedures described in this Section. Each designated
2government agency shall display signage or provide literature
3for the public containing information about the new
4registration procedures described in this Section.
5    (d-10) No later than January 1, 2017, the State Board of
6Elections shall hold at least one public hearing on
7implementing this amendatory Act of the 99th General Assembly
8at which the public may provide input.
9    (e) The State Board of Elections, in consultation with
10election authorities, the Secretary of State, designated
11government agencies, and community organizations, shall adopt
12rules as necessary to implement the provisions of this Section
13, in consultation with the impacted agencies.
14    (e-5) Subsections (a-5) through (a-45) and subsection
15(b-5) of this Section shall be implemented no later than
16January 1, 2018.
17    (f) As used in this Section, a "designated government
18agency" means the Secretary of State's Driver Services and
19Vehicle Services Departments, the Department of Human
20Services, the Department of Healthcare and Family Services, the
21Department of Employment Security, and the Department on Aging,
22any federal source that agrees to submit personal
23identification information to the State for voter registration
24purposes, and any other reliable State government source the
25State Board of Elections may designate.
26(Source: P.A. 98-1171, eff. 6-1-15.)
 

 

 

SB0250 Enrolled- 14 -LRB099 02958 MGM 22966 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 government agencies, as defined in Section
51A-16.6 of this Code. The State Board of Elections shall
6cross-reference the statewide voter registration database
7against the United States Postal Service's National Change of
8Address database twice each calendar year, April 15 and October
91 in odd-numbered years and April 15 and December 1 in
10even-numbered years, and shall share the findings with the
11election authorities. In addition, beginning no later than
12September 1, 2016, the State Board of Elections shall utilize
13data provided as part of its membership in the Electronic
14Registration Information Center in order to cross-reference
15the statewide voter registration database against databases of
16relevant personal information kept by designated government
17agencies, including, but not limited to, driver's license
18information kept by the Secretary of State, at least 6 times
19each calendar year and shall share the findings with election
20authorities. An election authority shall automatically
21register any voter who has moved into its jurisdiction from
22another jurisdiction in Illinois or has moved within its
23jurisdiction provided that:
24        (1) the election authority whose jurisdiction includes
25    the new registration address provides the voter an

 

 

SB0250 Enrolled- 15 -LRB099 02958 MGM 22966 b

1    opportunity to reject the change in registration address
2    through a mailing, sent by non-forwardable mail, to the new
3    registration address, and
4        (2) when the election authority whose jurisdiction
5    includes the previous registration address is a different
6    election authority, then that election authority provides
7    the same opportunity through a mailing, sent by forwardable
8    mail, to the previous registration address.
9    This change in registration shall trigger the same
10inter-jurisdictional or intra-jurisdictional workflows as if
11the voter completed a new registration card, including the
12cancellation of the voter's previous registration. Should the
13registration of a voter be changed from one address to another
14within the State and should the voter appear at the polls and
15offer to vote from the prior registration address, attesting
16that the prior registration address is the true current
17address, the voter, if confirmed by the election authority as
18having been registered at the prior registration address and
19canceled only by the process authorized by this Section, shall
20be issued a regular ballot, and the change of registration
21address shall be canceled. If the election authority is unable
22to immediately confirm the registration, the voter shall be
23permitted to register and vote a regular ballot, provided that
24he or she meets the documentary requirements for same-day
25registration. If the election authority is unable to confirm
26the registration and the voter does not meet the requirements

 

 

SB0250 Enrolled- 16 -LRB099 02958 MGM 22966 b

1for same-day registration, the voter shall be issued a
2provisional ballot and the provisional ballot shall be counted
3as provided under Article 18A of this Code. No voter shall be
4disqualified from voting due to an error relating to an update
5of registration under this Section.
6(Source: P.A. 98-1171, eff. 6-1-15.)
 
7    Section 10. The Illinois Vehicle Code is amended by
8changing Section 2-105 as follows:
 
9    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
10    Sec. 2-105. Offices of Secretary of State.
11    (a) The Secretary of State shall maintain offices in the
12State capital and in such other places in the State as he may
13deem necessary to properly carry out the powers and duties
14vested in him.
15    (b) The Secretary of State may construct and equip one or
16more buildings in the State of Illinois outside of the County
17of Sangamon as he deems necessary to properly carry out the
18powers and duties vested in him. The Secretary of State may, on
19behalf of the State of Illinois, acquire public or private
20property needed therefor by lease, purchase or eminent domain.
21The care, custody and control of such sites and buildings
22constructed thereon shall be vested in the Secretary of State.
23Expenditures for the construction and equipping of any of such
24buildings upon premises owned by another public entity shall

 

 

SB0250 Enrolled- 17 -LRB099 02958 MGM 22966 b

1not be subject to the provisions of any State law requiring
2that the State be vested with absolute fee title to the
3premises. The exercise of the authority vested in the Secretary
4of State by this Section is subject to the appropriation of the
5necessary funds.
6    (c) Pursuant to Sections 1A-16.6 and Section 1A-25 of the
7Election Code, the Secretary of State shall make driver
8services facilities available for use as places of accepting
9applications for voter registration.
10    (d) (Blank).
11    (e) Each person applying at a driver services facility for
12a driver's license or permit, a corrected driver's license or
13permit, an Illinois identification card or a corrected Illinois
14identification card shall be notified, under the procedures set
15forth in Section 1A-16.6 of the Election Code, that his or her
16personal information shall be transferred to the State Board of
17Elections for the purpose of creating an electronic voter
18registration application, and that the individual will only be
19registered to vote if he or she meets the qualifications to
20register to vote in Illinois. that the person may apply to
21register to vote at such station and may also apply to transfer
22his or her voter registration at such station to a different
23address in the State. Such notification may be made in writing
24or verbally issued by an employee or the Secretary of State.
25    The Secretary of State shall promulgate such rules as may
26be necessary for the efficient execution of his duties and the

 

 

SB0250 Enrolled- 18 -LRB099 02958 MGM 22966 b

1duties of his employees under this Section.
2    (f) Any person applying at a driver services facility for
3issuance or renewal of a driver's license or Illinois
4Identification Card shall be provided, without charge, with a
5brochure warning the person of the dangers of financial
6identity theft. The Department of Financial and Professional
7Regulation shall prepare these brochures and provide them to
8the Secretary of State for distribution. The brochures shall
9(i) identify signs warning the reader that he or she might be
10an intended victim of the crime of financial identity theft,
11(ii) instruct the reader in how to proceed if the reader
12believes that he or she is the victim of the crime of identity
13theft, and (iii) provide the reader with names and telephone
14numbers of law enforcement and other governmental agencies that
15provide assistance to victims of financial identity theft.
16(Source: P.A. 97-81, eff. 7-5-11.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.