Full Text of SB1265 99th General Assembly
SB1265eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 1A-16.5 as follows: | 6 | | (10 ILCS 5/1A-16.5) | 7 | | (Text of Section before amendment by P.A. 98-1171 ) | 8 | | Sec. 1A-16.5. Online voter registration. | 9 | | (a) The State Board of Elections shall establish and | 10 | | maintain a system for online voter registration that permits a | 11 | | person to apply to register to vote or to update his or her | 12 | | existing voter registration. In accordance with technical | 13 | | specifications provided by the State Board of Elections, each | 14 | | election authority shall maintain a voter registration system | 15 | | capable of receiving and processing voter registration | 16 | | application information, including electronic signatures, from | 17 | | the online voter registration system established by the State | 18 | | Board of Elections. | 19 | | (b) The online voter registration system shall employ | 20 | | security measures to ensure the accuracy and integrity of voter | 21 | | registration applications submitted electronically pursuant to | 22 | | this Section. | 23 | | (c) The Board may receive voter registration information |
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| 1 | | provided by applicants using the State Board of Elections' | 2 | | website, may cross reference that information with data or | 3 | | information contained in the Secretary of State's database in | 4 | | order to match the information submitted by applicants, and may | 5 | | receive from the Secretary of State the applicant's digitized | 6 | | signature upon a successful match of that applicant's | 7 | | information with that contained in the Secretary of State's | 8 | | database. | 9 | | (d) Notwithstanding any other provision of law, a person | 10 | | who is qualified to register to vote and who has an authentic | 11 | | Illinois driver's license or State identification card issued | 12 | | by the Secretary of State may submit an application to register | 13 | | to vote electronically on a website maintained by the State | 14 | | Board of Elections. | 15 | | (e) An online voter registration application shall contain | 16 | | all of the information that is required for a paper application | 17 | | as provided in Section 1A-16 of this Code, except that the | 18 | | applicant shall be required to provide: | 19 | | (1) the applicant's full Illinois driver's license or | 20 | | State identification card number; | 21 | | (2) the last 4 digits of the applicant's social | 22 | | security number; and | 23 | | (3) the date the Illinois driver's license or State | 24 | | identification card was issued. | 25 | | (f) For an applicant's registration or change in | 26 | | registration to be accepted, the applicant shall mark the box |
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| 1 | | associated with the following statement included as part of the | 2 | | online voter registration application: | 3 | | "By clicking on the box below, I swear or affirm all of the | 4 | | following: | 5 | | (1) I am the person whose name and identifying information | 6 | | is provided on this form, and I desire to register to vote in | 7 | | the State of Illinois. | 8 | | (2) All the information I have provided on this form is | 9 | | true and correct as of the date I am submitting this form. | 10 | | (3) I authorize the Secretary of State to transmit to the | 11 | | State Board of Elections my signature that is on file with the | 12 | | Secretary of State and understand that such signature will be | 13 | | used by my local election authority on this online voter | 14 | | registration application for admission as an elector as if I | 15 | | had signed this form personally.". | 16 | | (g) Immediately upon receiving a completed online voter | 17 | | registration application, the online voter registration system | 18 | | shall send, by electronic mail, a confirmation notice that the | 19 | | application has been received. Within 48 hours of receiving | 20 | | such an application, the online voter registration system shall | 21 | | send by electronic mail, a notice informing the applicant of | 22 | | whether the following information has been matched with the | 23 | | Secretary of State database: | 24 | | (1) that the applicant has an authentic Illinois | 25 | | driver's license or State identification card issued by the | 26 | | Secretary of State and that the driver's license or State |
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| 1 | | identification number provided by the applicant matches | 2 | | the driver's license or State identification card number | 3 | | for that person on file with the Secretary of State; | 4 | | (2) that the date of issuance of the Illinois driver's | 5 | | license or State identification card listed on the | 6 | | application matches the date of issuance of that card for | 7 | | that person on file with the Secretary of State; | 8 | | (3) that the date of birth provided by the applicant | 9 | | matches the date of birth for that person on file with the | 10 | | Secretary of State; and | 11 | | (4) that the last 4 digits of the applicant's social | 12 | | security number matches the last 4 digits for that person | 13 | | on file with the Secretary of State. | 14 | | (h) If the information provided by the applicant matches | 15 | | the information on the Secretary of State's databases for any | 16 | | driver's license and State identification card holder and is | 17 | | matched as provided in subsection (g) above, the online voter | 18 | | registration system shall: | 19 | | (1) retrieve from the Secretary of State's database | 20 | | files an electronic copy of the applicant's signature from | 21 | | his or her Illinois driver's license or State | 22 | | identification card and such signature shall be deemed to | 23 | | be the applicant's signature on his or her online voter | 24 | | registration application; | 25 | | (2) within 2 days of receiving the application, forward | 26 | | to the county clerk or board of election commissioners |
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| 1 | | having jurisdiction over the applicant's voter | 2 | | registration: (i) the application, along with the | 3 | | applicant's relevant data that can be directly loaded into | 4 | | the jurisdiction's voter registration system and (ii) a | 5 | | copy of the applicant's electronic signature and a | 6 | | certification from the State Board of Elections that the | 7 | | applicant's driver's license or State identification card | 8 | | number, driver's license or State identification card date | 9 | | of issuance, and date of birth and social security | 10 | | information have been successfully matched. | 11 | | (i) Upon receipt of the online voter registration | 12 | | application, the county clerk or board of election | 13 | | commissioners having jurisdiction over the applicant's voter | 14 | | registration shall promptly search its voter registration | 15 | | database to determine whether the applicant is already | 16 | | registered to vote at the address on the application and | 17 | | whether the new registration would create a duplicate | 18 | | registration. If the applicant is already registered to vote at | 19 | | the address on the application, the clerk or board, as the case | 20 | | may be, shall send the applicant by first class mail, and | 21 | | electronic mail if the applicant has provided an electronic | 22 | | mail address on the original voter registration form for that | 23 | | address, a disposition notice as otherwise required by law | 24 | | informing the applicant that he or she is already registered to | 25 | | vote at such address. If the applicant is not already | 26 | | registered to vote at the address on the application and the |
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| 1 | | applicant is otherwise eligible to register to vote, the clerk | 2 | | or board, as the case may be, shall: | 3 | | (1) enter the name and address of the applicant on the | 4 | | list of registered voters in the jurisdiction; and | 5 | | (2) send by mail, and electronic mail if the applicant | 6 | | has provided an electronic mail address on the voter | 7 | | registration form, a disposition notice to the applicant as | 8 | | otherwise provided by law setting forth the applicant's | 9 | | name and address as it appears on the application and | 10 | | stating that the person is registered to vote. | 11 | | (j) An electronic signature of the person submitting a | 12 | | duplicate registration application or a change of address form | 13 | | that is retrieved and imported from the Secretary of State's | 14 | | driver's license or State identification card database as | 15 | | provided herein may, in the discretion of the clerk or board, | 16 | | be substituted for and replace any existing signature for that | 17 | | individual in the voter registration database of the county | 18 | | clerk or board of election commissioners. | 19 | | (k) Any new registration or change of address submitted | 20 | | electronically as provided in this Section shall become | 21 | | effective as of the date it is received by the county clerk or | 22 | | board of election commissioners having jurisdiction over said | 23 | | registration. Disposition notices prescribed in this Section | 24 | | shall be sent within 5 business days of receipt of the online | 25 | | application or change of address by the county clerk or board | 26 | | of election commissioners. |
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| 1 | | (l) All provisions of this Code governing voter | 2 | | registration and applicable thereto and not inconsistent with | 3 | | this Section shall apply to online voter registration under | 4 | | this Section. All applications submitted on a website | 5 | | maintained by the State Board of Elections shall be deemed | 6 | | timely filed if they are submitted no later than 11:59 p.m. on | 7 | | the final day for voter registration prior to an election. | 8 | | After the registration period for an upcoming election has | 9 | | ended and until the 2nd day following such election, the web | 10 | | page containing the online voter registration form on the State | 11 | | Board of Elections website shall inform users of the procedure | 12 | | for grace period voting. | 13 | | (m) The State Board of Elections shall maintain a list of | 14 | | the name, street address, e-mail address, and likely precinct, | 15 | | ward, township, and district numbers, as the case may be, of | 16 | | people who apply to vote online through the voter registration | 17 | | system and those names and that information shall be stored in | 18 | | an electronic format on its website, arranged by county and | 19 | | accessible to State and local political committees. | 20 | | (n) The Illinois State Board of Elections shall submit a | 21 | | report to the General Assembly and the Governor by January 31, | 22 | | 2014 detailing the progress made to implement the online voter | 23 | | registration system described in this Section. | 24 | | (o) The online voter registration system provided for in | 25 | | this Section shall be fully operational by July 1, 2014.
| 26 | | (Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.) |
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| 1 | | (Text of Section after amendment by P.A. 98-1171 ) | 2 | | Sec. 1A-16.5. Online voter registration. | 3 | | (a) The State Board of Elections shall establish and | 4 | | maintain a system for online voter registration that permits a | 5 | | person to apply to register to vote or to update his or her | 6 | | existing voter registration. In accordance with technical | 7 | | specifications provided by the State Board of Elections, each | 8 | | election authority shall maintain a voter registration system | 9 | | capable of receiving and processing voter registration | 10 | | application information, including electronic signatures, from | 11 | | the online voter registration system established by the State | 12 | | Board of Elections. | 13 | | (b) The online voter registration system shall employ | 14 | | security measures to ensure the accuracy and integrity of voter | 15 | | registration applications submitted electronically pursuant to | 16 | | this Section. | 17 | | (c) The Board may receive voter registration information | 18 | | provided by applicants using the State Board of Elections' | 19 | | website, may cross reference that information with data or | 20 | | information contained in the Secretary of State's database in | 21 | | order to match the information submitted by applicants, and may | 22 | | receive from the Secretary of State the applicant's digitized | 23 | | signature upon a successful match of that applicant's | 24 | | information with that contained in the Secretary of State's | 25 | | database. |
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| 1 | | (d) Notwithstanding any other provision of law, a person | 2 | | who is qualified to register to vote and who has an authentic | 3 | | Illinois driver's license or State identification card issued | 4 | | by the Secretary of State may submit an application to register | 5 | | to vote electronically on a website maintained by the State | 6 | | Board of Elections. | 7 | | (e) An online voter registration application shall contain | 8 | | all of the information that is required for a paper application | 9 | | as provided in Section 1A-16 of this Code, except that the | 10 | | applicant shall be required to provide: | 11 | | (1) the applicant's full Illinois driver's license or | 12 | | State identification card number; | 13 | | (2) the last 4 digits of the applicant's social | 14 | | security number; and | 15 | | (3) the date the Illinois driver's license or State | 16 | | identification card was issued. | 17 | | (f) For an applicant's registration or change in | 18 | | registration to be accepted, the applicant shall mark the box | 19 | | associated with the following statement included as part of the | 20 | | online voter registration application: | 21 | | "By clicking on the box below, I swear or affirm all of the | 22 | | following: | 23 | | (1) I am the person whose name and identifying information | 24 | | is provided on this form, and I desire to register to vote in | 25 | | the State of Illinois. | 26 | | (2) All the information I have provided on this form is |
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| 1 | | true and correct as of the date I am submitting this form. | 2 | | (3) I authorize the Secretary of State to transmit to the | 3 | | State Board of Elections my signature that is on file with the | 4 | | Secretary of State and understand that such signature will be | 5 | | used by my local election authority on this online voter | 6 | | registration application for admission as an elector as if I | 7 | | had signed this form personally.". | 8 | | (g) Immediately upon receiving a completed online voter | 9 | | registration application, the online voter registration system | 10 | | shall send, by electronic mail, a confirmation notice that the | 11 | | application has been received. Within 48 hours of receiving | 12 | | such an application, the online voter registration system shall | 13 | | send by electronic mail, a notice informing the applicant of | 14 | | whether the following information has been matched with the | 15 | | Secretary of State database: | 16 | | (1) that the applicant has an authentic Illinois | 17 | | driver's license or State identification card issued by the | 18 | | Secretary of State and that the driver's license or State | 19 | | identification number provided by the applicant matches | 20 | | the driver's license or State identification card number | 21 | | for that person on file with the Secretary of State; | 22 | | (2) that the date of issuance of the Illinois driver's | 23 | | license or State identification card listed on the | 24 | | application matches the date of issuance of that card for | 25 | | that person on file with the Secretary of State; | 26 | | (3) that the date of birth provided by the applicant |
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| 1 | | matches the date of birth for that person on file with the | 2 | | Secretary of State; and | 3 | | (4) that the last 4 digits of the applicant's social | 4 | | security number matches the last 4 digits for that person | 5 | | on file with the Secretary of State. | 6 | | (h) If the information provided by the applicant matches | 7 | | the information on the Secretary of State's databases for any | 8 | | driver's license and State identification card holder and is | 9 | | matched as provided in subsection (g) above, the online voter | 10 | | registration system shall: | 11 | | (1) retrieve from the Secretary of State's database | 12 | | files an electronic copy of the applicant's signature from | 13 | | his or her Illinois driver's license or State | 14 | | identification card and such signature shall be deemed to | 15 | | be the applicant's signature on his or her online voter | 16 | | registration application; | 17 | | (2) within 2 days of receiving the application, forward | 18 | | to the county clerk or board of election commissioners | 19 | | having jurisdiction over the applicant's voter | 20 | | registration: (i) the application, along with the | 21 | | applicant's relevant data that can be directly loaded into | 22 | | the jurisdiction's voter registration system and (ii) a | 23 | | copy of the applicant's electronic signature and a | 24 | | certification from the State Board of Elections that the | 25 | | applicant's driver's license or State identification card | 26 | | number, driver's license or State identification card date |
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| 1 | | of issuance, and date of birth and social security | 2 | | information have been successfully matched. | 3 | | (i) Upon receipt of the online voter registration | 4 | | application, the county clerk or board of election | 5 | | commissioners having jurisdiction over the applicant's voter | 6 | | registration shall promptly search its voter registration | 7 | | database to determine whether the applicant is already | 8 | | registered to vote at the address on the application and | 9 | | whether the new registration would create a duplicate | 10 | | registration. If the applicant is already registered to vote at | 11 | | the address on the application, the clerk or board, as the case | 12 | | may be, shall send the applicant by first class mail, and | 13 | | electronic mail if the applicant has provided an electronic | 14 | | mail address on the original voter registration form for that | 15 | | address, a disposition notice as otherwise required by law | 16 | | informing the applicant that he or she is already registered to | 17 | | vote at such address. If the applicant is not already | 18 | | registered to vote at the address on the application and the | 19 | | applicant is otherwise eligible to register to vote, the clerk | 20 | | or board, as the case may be, shall: | 21 | | (1) enter the name and address of the applicant on the | 22 | | list of registered voters in the jurisdiction; and | 23 | | (2) send by mail, and electronic mail if the applicant | 24 | | has provided an electronic mail address on the voter | 25 | | registration form, a disposition notice to the applicant as | 26 | | otherwise provided by law setting forth the applicant's |
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| 1 | | name and address as it appears on the application and | 2 | | stating that the person is registered to vote. | 3 | | (j) An electronic signature of the person submitting a | 4 | | duplicate registration application or a change of address form | 5 | | that is retrieved and imported from the Secretary of State's | 6 | | driver's license or State identification card database as | 7 | | provided herein may, in the discretion of the clerk or board, | 8 | | be substituted for and replace any existing signature for that | 9 | | individual in the voter registration database of the county | 10 | | clerk or board of election commissioners. | 11 | | (k) Any new registration or change of address submitted | 12 | | electronically as provided in this Section shall become | 13 | | effective as of the date it is received by the county clerk or | 14 | | board of election commissioners having jurisdiction over said | 15 | | registration. Disposition notices prescribed in this Section | 16 | | shall be sent within 5 business days of receipt of the online | 17 | | application or change of address by the county clerk or board | 18 | | of election commissioners. | 19 | | (l) All provisions of this Code governing voter | 20 | | registration and applicable thereto and not inconsistent with | 21 | | this Section shall apply to online voter registration under | 22 | | this Section. Notwithstanding any other deadlines for voter | 23 | | registration or grace period registrations, all All | 24 | | applications submitted on a website maintained by the State | 25 | | Board of Elections shall be deemed timely filed if they are | 26 | | submitted no later than 11:59 p.m. on the 16th day final day |
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| 1 | | for voter registration prior to an election. After the online | 2 | | registration period for an upcoming election has ended and | 3 | | until the 2nd day following such election, the web page | 4 | | containing the online voter registration form on the State | 5 | | Board of Elections website shall inform users of the procedure | 6 | | for grace period voting. | 7 | | (m) The State Board of Elections shall maintain a list of | 8 | | the name, street address, e-mail address, and likely precinct, | 9 | | ward, township, and district numbers, as the case may be, of | 10 | | people who apply to vote online through the voter registration | 11 | | system and those names and that information shall be stored in | 12 | | an electronic format on its website, arranged by county and | 13 | | accessible to State and local political committees. | 14 | | (n) The Illinois State Board of Elections shall develop or | 15 | | cause to be developed an online voter registration system able | 16 | | to be accessed by at least the top two most used mobile | 17 | | electronic operating systems by January 1, 2016. | 18 | | (o) (Blank).
| 19 | | (p) Each State department that maintains an Internet | 20 | | website must include a hypertext link to the homepage website | 21 | | maintained and operated pursuant to this Section 1A-16.5. For | 22 | | the purposes of this Section, "State department" means the | 23 | | departments of State Government listed in Section 5-15 of the | 24 | | Civil Administrative Code of Illinois (General Provisions and | 25 | | Departments of State Government). | 26 | | (Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; |
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| 1 | | 98-1171, eff. 6-1-15.)
| 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
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