Section 300.10  General Provisions

 

a)         Sections 1A-16.1, 1A-16.2, 1A-16.5, and 1A-16.7 of the Election Code [10 ILCS 5/1A-16.1, 1A-16.2, 1A-16.5, and 1A-16.7] require the State Board of Elections to establish an automatic voter registration program.

 

b)         This Part, pursuant to the Code, establishes the automatic voter registration program for the State of Illinois. This Part applies equally to any in-person or online transaction involving voter registration.

 

c)         This Part implements the requirements of Code Sections 1A-16.1, 16.2, 16.5, and 16.7, establishes the framework for electronic voter registration, and maintains administrative efficiency while also protecting the integrity of the voter registration system and the legitimate privacy interests of the State Board, local election authorities, and the citizens of the State of Illinois.

 

Section 300.20  Definitions

 

As used in this Part:

 

"Attestation" means a provision included on the voter registration application that meets the requirements of Code Section 1A-16.2, is affirmed by the applicant, and is made under penalty of perjury.

 

"Board", "State Board", or "SBE" means the Illinois State Board of Elections.

 

"Code" means the Election Code [10 ILCS 5].

 

"Duplicate Application" means any application received by the SBE from a designated voter registration agency in which the following data fields are an exact match to a registered voter's information already in the Statewide voter registration database: voter's name, voter's date of birth, voter's driver's license or state identification card number or the last four digits of the voter's social security number, as the case may be, and voter's residence address.

 

"Election Authority" means a county clerk or a Board of Election Commissioners. [10 ILCS 5/1-3(8)]

 

"Individual" means a natural person. "Individual" does not include a corporation, association, organization, partnership, or any other non-natural person.

 

"Mailing Address" means an address, distinct from an individual's residence address, at which the individual receives mail.

 

"Pending Status" means the designation given to a voter registration application that does not contain a signature image as described by Code Section 1A-16.7(e).

 

"Residence Address" means the combination of street number, street, city, state, zip code, and other information that identifies an individual's permanent abode.

 

Section 300.30  State Board of Elections and Local Election Authority Requirements

 

The State Board and election authorities will implement the following procedures in the administration of automatic voter registration:

 

a)         State Board

 

1)         The SBE will not accept, store, or maintain any voter documents unrelated to voter registration, such as birth certificates, passports, or other citizenship documents.

 

2)         Driver's license or state identification numbers, as well as the issue dates thereof, and last four digits of social security numbers will be stored to verify voter eligibility and may be used to obtain signature images.

 

3)         The SBE will not transfer a duplicate application to an election authority if the application is deemed to have been submitted within 30 days after the first application.

 

4)         The SBE will notify any designated voter registration agency of any statutory changes governing the administration of voter registration which impacts the agency's administration of its voter registration program or requires an amendment to the interagency agreement.

 

5)         The SBE will continue to transmit to election authorities all complete voter registration applications received from designated automatic voter registration agencies after the period or periods for voter registration close under Articles 4, 5, and 6 of the Code.

 

b)         Election Authorities

 

1)         Election authorities will maintain a voter registration system capable of interfacing with the Statewide voter registration system for the purpose of receiving electronic voter registration applications.

 

2)         Any written notice required by Code Section 1A-16.7(g) will be sent to the applicant within five days after the disposition of the voter registration application.

 

3)         If the SBE is unable to provide a signature image to the election authority as part of the application, the following procedures, implementing the requirements outlined in Code Section 1A-16.7(e), will apply:

 

A)        election authorities will not reject a voter registration application on the sole basis of a missing signature;

 

B)        if an applicant's signature image cannot be otherwise obtained, an election authority will:

 

i)          maintain the application in a pending status; and

 

ii)         mail the applicant a paper-based voter registration form with a request to sign the application and provide a confirmation of the applicant's driver's license or State identification card number or the last four digits of the applicant's social security number;

 

C)        individuals with an application in a pending status will not be afforded the opportunity to vote until the applicant provides the election authority a signature and identification that complies with Section 303 of the federal Help America Vote Act of 2002 (52 U.S.C. 21083); and

 

D)        election authorities will not remove voters in pending status due to lack of signature from their voter rolls, except according to the procedures enumerated in Section 8(d) of the National Voter Registration Act (52 U.S.C. 20507(d)).

 

4)         Election authorities will set the application date as the applicant's date of registration, and any voter registration application with an application date before the 16^th day prior to an election day will be deemed timely received.

 

Section 300.40  Designated Automatic Voter Registration Agencies

 

a)         When identified in Code Section 1A-16.2(g), an agency is a designated automatic voter registration agency. The agency will implement automatic voter registration in accordance with the applicable section of the jointly adopted rules of the agency and the Board.

 

b)         Pursuant to Code Section 1A-16.2(g), the State Board will enter into an interagency agreement with a governmental agency other than an agency identified therein, allowing the agency to operate as a designated automatic voter registration agency for individuals in the State of Illinois, only if the agency complies with the following requirements:

 

1)         As part of its usual course of business, the agency must provide applications, applications for renewal, change of address forms, or recertification forms to individuals for licenses, permits, or services. The State Board will not enter into an interagency agreement with an agency that offers licenses, permits, or services solely to non-individual applicants (e.g., groups or multi-individual business entities).

 

2)         If the agency offers opt-in automatic voter registration or opt-out automatic voter registration, the applications collected or processed by the agency must contain the individual's:

 

A)        full legal name (first name, last name);

 

B)        residence address;

 

C)        mailing address, if different from residence address;

 

D)        date of birth;

 

E)        sex;

 

F)         Illinois driver's license number, state identification card number, or last 4 digits of the applicant's social security number; and

 

G)        issue date of the individual's Illinois driver's license number or State identification card number, if applicable.

 

3)         Upon implementation of a system for transmitting voter registration applications electronically to the State Board, the designated automatic voter registration agency may not require the applicant to use a paper registration form to complete a voter registration application if the voter can access the electronic voter registration method.

 

c)         Types of Automatic Voter Registration Programs

 

1)         In consideration of the technological capabilities of a designated automatic voter registration agency, the State Board will offer the following types of automatic voter registration programs:

 

A)        Opt-In Automatic Voter Registration, which is an automatic voter registration program wherein an applicant affirmatively elects to register to vote or change an already registered voter's name, residence address, or both, through simultaneous application with a designated voter registration agency.

 

B)        Opt-Out Automatic Voter Registration, which is an automatic voter registration program wherein an applicant's application with a designated automatic voter registration agency serves as simultaneous application to register to vote or to change an already registered voter's name, residence address, or both, unless the applicant affirmatively declines.

 

C)        Website Transfer, which is an automatic voter registration program wherein an applicant affirmatively elects to register to vote or change an already registered voter's name, residence address, or both, by being given the opportunity to complete a website-based application to register or update registration information that has been prefilled with data provided to the designated automatic voter registration agency.

 

2)         Whether an agency collects or cross-references reliable personal information indicating citizenship in the regular course of its application process will determine the type of automatic voter registration program the agency may implement.

 

3)         As used in this Section, "reliable personal information indicating citizenship" means a government-issued source verifying that an individual is a citizen of the United States, and includes the following:

 

A)        a valid, unexpired United States passport or United States passport card;

 

B)        an original or certified copy of a birth certificate filed with the Division of Vital Records or equivalent agency in the applicant's state of birth;

 

C)        a Consular Report of Birth Abroad issued by the United States Department of State, Form FS-240, DS-1350, or FS-545;

 

D)        a Certificate of Naturalization issued by the United States Department of Homeland Security, Form N-550 or Form N-570; and

 

E)        a Certificate of Citizenship issued by the United States Department of Homeland Security, Form N-560 or form N-561.

 

4)         If an agency collects or cross-refences reliable personal information indicating citizenship in the regular course of its application process, the agency may implement opt-in, opt-out, or website transfer automatic voter registration.

 

5)         If an agency does not collect or cross-reference reliable personal information indicating citizenship in the regular course of its application process, it may implement opt-in or website transfer automatic voter registration, but the agency may not implement opt-out automatic voter registration.

 

6)         Under no circumstances will a designated voter registration agency that collects reliable personal information indicating citizenship forward to the SBE original or copies of any documents collected.

 

7)         An agency designated as an automatic voter registration agency under Code Section 1A-16.2 must identify the type of automatic voter registration program in its interagency contract with the State Board.

 

8)         An agency designated as an automatic voter registration agency under Code Section 1A-16.2 must identify specific implementation requirements as required by Code Section 1A-16.2.

 

d)         Every type of automatic voter registration program identified in subsection (b) is subject to the following requirements:

 

1)         The program may not require the applicant to provide duplicate information.

 

2)         The program must incorporate the appropriate attestation under Code Sections 1A-16.2 and 1A-16.5(f) for the type of program implemented and as set forth in the agency's administrative rules jointly adopted with the State Board.

 

3)         Pursuant to Code Section 1A-16.2, the agency must execute a data sharing agreement with the SBE prior to initiating an automatic voter registration program establishing minimum standards for data confidentiality, security, and retention.

 

4)         The agency will produce and provide training to its employees on the requirements to register to vote in Illinois and the processing of voter registration applications.

 

5)         The agency will conspicuously publish requirements to register to vote in Illinois in the location where an individual could complete a dual-purpose application.  (See 10 ILCS 5/1A-16.2.)

 

6)         Within 90 days of executing a data sharing agreement to initiate an automatic voter registration program, if additional rulemaking is required, the agency and SBE must initiate the adoption of jointly adopted rules to implement the automatic voter registration program.