HB5999 99TH GENERAL ASSEMBLY

LRB099 19098 MGM 43487 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5999

Introduced , by Rep. Christian L. Mitchell

SYNOPSIS AS INTRODUCED:

10 ILCS 5/1A-16.6
10 ILCS 5/1A-16.6A new

Amends the Election Code. Provides that the Secretary of State shall create by rule an automatic voter registration pilot program. Contains a provision allowing individuals to opt-out of the automatic registration. Establishes requirements for the program. Effective immediately.

A BILL FOR

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 Section 1A-16.6 and by adding Section 1A-16.6A as follows:

(10 ILCS 5/1A-16.6)

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

(a) By April 1, 2016, the State Board of Elections shall establish and maintain a portal for 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 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.

Except for Secretary of State employees automatically registering applicants to vote under Section 1A-16.6A, whenever Whenever a government employee is accessing the registration system while servicing the applicant, the 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.

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.

(c) 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.

(d) The State Board of Elections shall submit 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.

(e) The Board shall adopt rules, in consultation with the impacted 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.

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

(10 ILCS 5/1A-16.6A new)

Sec. 1A-16.6A. Automatic voter registration pilot program.

(a) As soon as practicable, the Secretary of State shall create by rule an automatic voter registration pilot program. Except as provided in subsection (b), the automatic voter registration program shall automatically register every citizen of Illinois that is 17 years of age or older and a resident of Cook County to vote at the time the individual applies for or renews a driver's license, other than a temporary visitor's driver's license, or registers a motor vehicle, provided that the applicant is not already registered. The automatic voter registration pilot program shall be conducted by Secretary of State employees using the online voter registration portal pursuant to Section 1A-16.6 of the Election Code.

(b) The Secretary of State shall include on every form for a driver's license renewal or application or vehicle registration, excluding applications or other forms relating to temporary visitor's drivers licenses, the opportunity for applicants to opt-out of this automatic voter registration. These forms shall include, in bold-face font, a box for the person to check yes or no that asks, "If you want to opt-out of the Secretary of State's automatic voter registration program, check this box. IF YOU ARE NOT A CITIZEN OF THE UNITED STATES, YOU MUST CHECK THE BOX". Individuals that check the box shall not be automatically registered.

(c) Notwithstanding any other provision of law to the contrary, any individual that is unknowingly or unintentionally registered to vote under this Section shall not be liable if his or her registration violates any provision of State law.

(d) This Section is repealed on January 1, 2018.

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