SB0250eng 99TH GENERAL ASSEMBLY

SB0250 Engrossed LRB099 02958 MGM 22966 b

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 1A-16.6 and 1A-16.8 as follows:

(10 ILCS 5/1A-16.6)

Sec. 1A-16.6. Government agency voter registration.

(a) The By April 1, 2016, the State Board of Elections shall establish and maintain a portal for automatic government agency registration that permits an eligible person to electronically apply to register to vote or to update his or her existing voter registration whenever he or she conducts business, either online or in person, with a designated government agency. The portal shall interface with the online voter registration system established in Section 1A-16.5 of this Code and shall be capable of receiving and processing voter registration application information, including electronic signatures, from a designated government agency. The State Board of Elections shall modify the online voter registration system as necessary to implement this Section.

Voter registration data received from a designated government agency through the online registration application system shall be processed as provided for in Section 1A-16.5 of this Code.

Whenever the registration interface is accessible to the general public, including, but not limited to, online transactions, the interface shall allow the applicant to complete the process as provided for in Section 1A-16.5 of this Code. The online interface shall be capable of providing the applicant with the applicant's voter registration status with the State Board of Elections and, if registered, the applicant's current registration address. The applicant shall not be required to re-enter any registration data, such as name, address, and birth date, if the designated government agency already has that information on file. The applicant shall be informed that by choosing to register to vote or to update his or her existing voter registration, the applicant consents to the transfer of the applicant's personal information to the State Board of Elections.

(a-5) Whenever an employee of a designated government agency serves a member of the public a government employee is accessing the registration system while servicing the applicant, the agency shall inform the individual in writing of the qualifications to register to vote in Illinois and of the penalties provided by law for submission of a false voter registration application and shall provide an opportunity to attest to meeting those qualifications under penalty of perjury. The agency shall notify the individual that his or her personal information shall be transferred to the State Board of Elections for the purpose of creating an electronic voter registration application, and that the individual will only be registered to vote if he or she meets the qualifications to register to vote in Illinois. The agency shall not require the individual to provide duplicate information, including, but not limited to, any information he or she has already provided as part of the underlying service transaction, except for a signature. The agency shall inform the individual in writing that declining to transfer his or her personal information for voter registration purposes is confidential and will not affect any services the individual may be seeking from the agency. The individual shall not be required to disclose the reason for declining, including his or her citizenship status. After each transaction, the agency shall electronically transfer to the State Board of Elections personal information relevant to voter registration, including all records of documents relating to identity, address, and citizenship, for every applicant, regardless of whether or not the individual executed an attestation. The State Board of Elections shall electronically transfer to the appropriate election authority all voter registration information required for each voter registration application it creates government employee shall notify the applicant of the applicant's registration status with the State Board of Elections and, if registered, the applicant's current registration address. If the applicant elects to register to vote or to update his or her existing voter registration, the government employee shall collect the needed information and assist the applicant with his or her registration. The applicant shall be informed that by choosing to register to vote or to update his or her existing voter registration, the applicant consents to the transfer of the applicant's personal information to the State Board of Elections.

(a-10) Upon receipt of personal information collected and transferred by a designated government agency, the State Board of Elections shall check the information against the statewide voter registration database. The State Board of Elections shall create and electronically transmit to the appropriate election authority a voter registration application for all individuals who are not registered to vote in Illinois and are not disqualified as provided in subsection (a-15) of this Section or whose information reliably indicates a more recent update to the name or address of a person already included in the statewide voter database, regardless of whether they provided an attestation during the agency transaction. The election authority shall process the application accordingly. If an individual did not provide an attestation during the agency transaction, the election authority shall not treat the application as complete or add the individual to the voter registration list until the expiration of a period of time established by rule for declining registration.

(a-15) If the State Board of Elections determines that personal information collected and transferred by the designated government agency includes a green card or other legal proof that the person is not a United States citizen, then the State Board of Elections shall not create a voter registration application and shall notify the person of the reason his or her voter registration application is incomplete.

(a-20) Unless the application is incomplete pursuant to subsection (a-15), the State Board of Elections shall create and electronically transmit to the appropriate election authority a voter registration application for any individual who has attested to meeting voter registration applications. If the personal information collected and transferred by the designated government agency does not make it clear whether or not a person is qualified to register to vote in Illinois, the person's attestation that he or she is so qualified shall be deemed sufficient evidence of meeting qualifications to register to vote and the election authority shall process the application accordingly.

(a-25) The appropriate election authority shall ensure that any applicant who is registered to vote or whose existing voter registration is updated under this Section is promptly sent written notice of the change. The notice may be sent by electronic mail if the applicant has provided an electronic mail address on the voter registration form. The notice required by this subsection (a-25) may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (a-25) shall contain, at a minimum:

(1) the applicant's name, date of birth, and residential address as reflected on the voter registration list;

(2) a statement that the applicant will be registered to vote or will have his or her voter registration updated unless he or she declines registration within a period of time established by rule;

(3) a statement of the qualifications to be a voter;

(4) a statement that it is illegal for a person who is not qualified to be a voter to vote in an election, which shall be printed in larger text than the rest of the notice;

(5) a statement notifying the applicant to contact the appropriate election authority if he or she does not meet the qualifications to be a voter and stating that the applicant does not have to provide a reason he or she is not qualified to vote or disclose citizenship status;

(6) a statement notifying the applicant to contact the appropriate election authority if his or her voter registration has been updated in error;

(7) a statement notifying the applicant that he or she may opt out of voter registration, or request a change to registration information, at any time by contacting an election official;

(8) a prepaid postcard allowing the applicant to opt out of voter registration or update his or her voter registration information, or directions for opting out of voter registration or updating voter registration information online;

(9) contact information for the appropriate election authority, including a phone number, address, electronic mail address, and website address;

(10) a statement notifying the applicant that some personal information related to voter registration may be subject to public disclosure for purposes related to the electoral process unless protected under an address confidentiality program; and

(11) any other information necessary to fulfill the obligations of this Section or local, State, or federal law.

(a-30) The appropriate election authority shall ensure that any applicant whose voter registration application is not accepted or deemed incomplete is promptly sent written notice of the application's status. The notice may be sent by electronic mail if the applicant has provided an electronic mail address on the voter registration form. The notice required by this subsection (a-30) may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (a-30) shall contain, at a minimum, the reason the application was not accepted or deemed incomplete and contact information for the appropriate election authority including a phone number, address, electronic mail address, and website address.

(a-35) If a designated government agency transfers information, or if the State Board of Elections creates and transmits a voter registration application, for a person who does not qualify as an eligible voter, it shall not constitute a completed voter registration form, and the person shall not be considered to have registered to vote. If the registration is processed by any election authority, it shall be presumed to have been effected and officially authorized by the State and that person shall not be found on that basis to have made a false claim to citizenship or to have committed an act of moral turpitude, nor shall that person be subject to penalty under any relevant laws, including, but not limited to, Sections 29-10 and 29-19 of this Code. This subsection (a-35) does not apply to any person who knows that he or she is ineligible to register to vote but who knowingly and willfully registers to vote or attests under penalty of perjury that he or she is eligible to register to vote.

(a-40) No employee of a designated government agency shall transmit to the State Board of Elections personal information for any person who applies for or is issued a temporary visitor's driver's license pursuant to Section 6-105.1 of the Illinois Vehicle Code.

(a-45) In the event that the registration of a voter is changed from one address to another within the State and the voter appears at the polls and offers to vote from the prior registration address, attesting that the prior registration address is the true current address, the voter, if confirmed by the election authority as having been registered at the prior registration address and canceled only by the process authorized by this Section, shall be issued a regular ballot, and the change of registration address shall be canceled. If the election authority is unable to immediately confirm the registration, the voter shall be permitted to register and vote a regular ballot, provided that he or she meets the documentary requirements for same-day registration. If the election authority is unable to confirm the registration and the voter does not meet the requirements for same-day registration, the voter shall be issued a provisional ballot and the provisional ballot shall be counted as provided for under Article 18A of this Code. No voter shall be disqualified from voting due to an error relating to an update of registration made under this Section.

(a-50) In accordance with technical specifications provided by the State Board of Elections, each designated government agency shall maintain a data transfer mechanism capable of transmitting voter registration application information, including electronic signatures where available, to the online voter registration system established in Section 1A-16.5 of this Code. Each designated government agency shall establish and operate a voter registration system capable of transmitting voter registration application information to the portal as described in this Section by July 1, 2016.

(b) Whenever an applicant's data is transferred from a designated government agency, the agency must transmit a signature image if available. If no signature image was provided by the agency or if no signature image is available in the Secretary of State's database or the statewide voter registration database, the applicant must be notified that their registration will remain in a pending status and the applicant will be required to provide identification and a signature to the election authority on Election Day in the polling place or during early voting.

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

(c) The voter registration procedures implemented under this Section shall comport with the federal National Voter Registration Act of 1993, as amended, and shall specifically require that the The State Board of Elections shall track registration data received through the online registration system that originated from a designated government agency for the purposes of maintaining statistics required by the federal National Voter Registration Act of 1993, as amended.

(c-5) No later than September 1, 2016, designated government agencies under this Section shall transfer all personal information contained in relevant agency databases and collected since September 1, 2015 to the State Board of Elections for cross-reference against the statewide voter registration database. The State Board of Elections shall create voter registration applications for all persons who are not registered to vote in Illinois and are not disqualified as provided in subsection (a-15) of this Section or whose records indicate a more recent update to an existing voter registration, and shall transmit these voter registration applications to the appropriate election authorities for processing and registration.

(d) The State Board of Elections shall submit an annual public a report to the General Assembly and the Governor by December 1, 2015 detailing the progress made to implement the government agency voter registration portal described in this Section. The report shall include all of the following: the number of records transferred under this Section by agency, the number of voters newly added to the statewide voter registration list because of records transferred under this Section by agency, the number of updated registrations under this Section by agency, the number of persons who opted out of voter registration, and the number of voters who submitted voter registration forms using the online procedure described in Section 1A-16.5 of this Code. Any report produced under this subsection (d) shall exclude any information that identifies any individual personally.

(d-5) The State Board of Elections, each election authority that maintains a website, and each designated government agency that maintains a website shall provide information on their websites informing the public about the new registration procedures described in this Section. Each designated government agency shall display signage or provide literature for the public containing information about the new registration procedures described in this Section.

(d-10) No later than January 1, 2017, the State Board of Elections shall hold at least one public hearing on implementing this amendatory Act of the 99th General Assembly at which the public may provide input.

(e) The State Board of Elections, in consultation with election authorities, the Secretary of State, designated government agencies, and community organizations, shall adopt rules as necessary to implement the provisions of this Section , in consultation with the impacted agencies.

(e-5) Subsection (c-5) of this Section shall be implemented no later than September 1, 2016. Subsections (a-5) through (a-45) and subsection (b-5) of this Section shall be implemented no later than July 1, 2017 for all designated government agencies maintained by the Secretary of State and no later than January 1, 2018 for all other designated government agencies.

(f) As used in this Section, a "designated government agency" means the Secretary of State's Driver Services and Vehicle Services Departments, the Department of Human Services, the Department of Healthcare and Family Services, the Department of Employment Security, and the Department on Aging, any federal source that agrees to submit personal identification information to the State for voter registration purposes, and any other reliable State government source the State Board of Elections may designate.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/1A-16.8)

Sec. 1A-16.8. Automatic transfer of registration based upon information from the National Change of Address database and designated government agencies, as defined in Section 1A-16.6 of this Code. The State Board of Elections shall cross-reference the statewide voter registration database against the United States Postal Service's National Change of Address database twice each calendar year, April 15 and October 1 in odd-numbered years and April 15 and December 1 in even-numbered years, and shall share the findings with the election authorities. In addition, beginning no later than September 1, 2016, the State Board of Elections shall utilize data provided as part of its membership in the Electronic Registration Information Center in order to cross-reference the statewide voter registration database against databases of relevant personal information kept by designated government agencies, including, but not limited to, driver's license information kept by the Secretary of State, at least 6 times each calendar year and shall share the findings with election authorities. An election authority shall automatically register any voter who has moved into its jurisdiction from another jurisdiction in Illinois or has moved within its jurisdiction provided that:

(1) the election authority whose jurisdiction includes the new registration address provides the voter an opportunity to reject the change in registration address through a mailing, sent by non-forwardable mail, to the new registration address, and

(2) when the election authority whose jurisdiction includes the previous registration address is a different election authority, then that election authority provides the same opportunity through a mailing, sent by forwardable mail, to the previous registration address.

This change in registration shall trigger the same inter-jurisdictional or intra-jurisdictional workflows as if the voter completed a new registration card, including the cancellation of the voter's previous registration. Should the registration of a voter be changed from one address to another within the State and should the voter appear at the polls and offer to vote from the prior registration address, attesting that the prior registration address is the true current address, the voter, if confirmed by the election authority as having been registered at the prior registration address and canceled only by the process authorized by this Section, shall be issued a regular ballot, and the change of registration address shall be canceled. If the election authority is unable to immediately confirm the registration, the voter shall be permitted to register and vote a regular ballot, provided that he or she meets the documentary requirements for same-day registration. If the election authority is unable to confirm the registration and the voter does not meet the requirements for same-day registration, the voter shall be issued a provisional ballot and the provisional ballot shall be counted as provided under Article 18A of this Code. No voter shall be disqualified from voting due to an error relating to an update of registration under this Section.

(Source: P.A. 98-1171, eff. 6-1-15.)

Section 10. The Illinois Vehicle Code is amended by changing Section 2-105 as follows:

(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)

Sec. 2-105. Offices of Secretary of State.

(a) The Secretary of State shall maintain offices in the State capital and in such other places in the State as he may deem necessary to properly carry out the powers and duties vested in him.

(b) The Secretary of State may construct and equip one or more buildings in the State of Illinois outside of the County of Sangamon as he deems necessary to properly carry out the powers and duties vested in him. The Secretary of State may, on behalf of the State of Illinois, acquire public or private property needed therefor by lease, purchase or eminent domain. The care, custody and control of such sites and buildings constructed thereon shall be vested in the Secretary of State. Expenditures for the construction and equipping of any of such buildings upon premises owned by another public entity shall not be subject to the provisions of any State law requiring that the State be vested with absolute fee title to the premises. The exercise of the authority vested in the Secretary of State by this Section is subject to the appropriation of the necessary funds.

(c) Pursuant to Sections 1A-16.6 and Section 1A-25 of the Election Code, the Secretary of State shall make driver services facilities available for use as places of accepting applications for voter registration.

(d) (Blank).

(e) Each person applying at a driver services facility for a driver's license or permit, a corrected driver's license or permit, an Illinois identification card or a corrected Illinois identification card shall be notified, under the procedures set forth in Section 1A-16.6 of the Election Code, that unless he or she opts out that the person shall be registered may apply to register to vote, and if his or her address has changed, his or her voter registration information shall be updated to the new address within this State at such station and may also apply to transfer his or her voter registration at such station to a different address in the State. Such notification may be made in writing or verbally issued by an employee or the Secretary of State.

The Secretary of State shall promulgate such rules as may be necessary for the efficient execution of his duties and the duties of his employees under this Section.

(f) Any person applying at a driver services facility for issuance or renewal of a driver's license or Illinois Identification Card shall be provided, without charge, with a brochure warning the person of the dangers of financial identity theft. The Department of Financial and Professional Regulation shall prepare these brochures and provide them to the Secretary of State for distribution. The brochures shall (i) identify signs warning the reader that he or she might be an intended victim of the crime of financial identity theft, (ii) instruct the reader in how to proceed if the reader believes that he or she is the victim of the crime of identity theft, and (iii) provide the reader with names and telephone numbers of law enforcement and other governmental agencies that provide assistance to victims of financial identity theft.

(Source: P.A. 97-81, eff. 7-5-11.)

Section 99. Effective date. This Act takes effect upon becoming law.