Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0496 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0496 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: 10 ILCS 20/1 Amends the Agreement Among the States to Elect the President by National Popular Vote Act. Makes a technical change in a Section concerning the short title. LRB103 02947 AWJ 47953 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0496 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: 10 ILCS 20/1 10 ILCS 20/1 Amends the Agreement Among the States to Elect the President by National Popular Vote Act. Makes a technical change in a Section concerning the short title. LRB103 02947 AWJ 47953 b LRB103 02947 AWJ 47953 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0496 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
3+10 ILCS 20/1 10 ILCS 20/1
4+10 ILCS 20/1
5+Amends the Agreement Among the States to Elect the President by National Popular Vote Act. Makes a technical change in a Section concerning the short title.
6+LRB103 02947 AWJ 47953 b LRB103 02947 AWJ 47953 b
7+ LRB103 02947 AWJ 47953 b
8+A BILL FOR
9+SB0496LRB103 02947 AWJ 47953 b SB0496 LRB103 02947 AWJ 47953 b
10+ SB0496 LRB103 02947 AWJ 47953 b
311 1 AN ACT concerning elections.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
6-4 Section 5. The Election Code is amended by changing
7-5 Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding
8-6 Section 1A-16.3 as follows:
9-7 (10 ILCS 5/1A-16.1)
10-8 (Text of Section before amendment by P.A. 103-210)
11-9 Sec. 1A-16.1. Automatic voter registration; Secretary of
12-10 State.
13-11 (a) The Office of the Secretary of State and the State
14-12 Board of Elections, pursuant to an interagency contract and
15-13 jointly adopted jointly-adopted rules, shall establish an
16-14 automatic voter registration program that satisfies the
17-15 requirements of this Section and other applicable law.
18-16 (b) If, as part of an application, an application for
19-17 renewal, or a change of address form, or a recertification
20-18 form for a driver's license, other than a temporary visitor's
21-19 driver's license, or a State identification card issued by the
22-20 Office of the Secretary of State, an applicant presents
23-21 documentation that establishes that the applicant is a United
24-22 States citizen, as described in subsection (g), and is of age
25-23 to register to vote or if the information provided to the
14+4 Section 5. The Agreement Among the States to Elect the
15+5 President by National Popular Vote Act is amended by changing
16+6 Section 1 as follows:
17+7 (10 ILCS 20/1)
18+8 Sec. 1. Short title. This Act may be cited as the the
19+9 Agreement Among the States to Elect the President by National
20+10 Popular Vote Act.
21+11 (Source: P.A. 95-714, eff. 1-1-09.)
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34-1 Office of the Secretary of State under subsection (c)
35-2 indicates that the applicant is currently registered to vote
36-3 in Illinois and, upon reviewing the documents and information
37-4 submitted by the applicant, the Office of the Secretary of
38-5 State determines that the name or residence address
39-6 documentation submitted by the applicant differs from the
40-7 information regarding the applicant provided under subsection
41-8 (c) meets the requirements of the federal REAL ID Act of 2005,
42-9 then that application shall serve as a dual-purpose
43-10 application, unless the applicant declines in accordance with
44-11 subsection (g) of Section 1A-16.7. The dual-purpose
45-12 application shall:
46-13 (1) also serve as an application to register to vote
47-14 in Illinois;
48-15 (2) allow an applicant to change the applicant's his
49-16 or her registered residence address or name as it appears
50-17 on the voter registration rolls;
51-18 (3) in a single affirmation, including the affirmation
52-19 required for a driver's license or State identification
53-20 card, allow the applicant to affirm, under penalty of
54-21 perjury, to the truth and correctness of the information
55-22 submitted in the dual-purpose application that is
56-23 necessary to assess the applicant's eligibility to
57-24 register to vote or to change the applicant's registered
58-25 residence address or name as it appears on the voter
59-26 registration rolls provide the applicant with an
25+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0496 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
26+10 ILCS 20/1 10 ILCS 20/1
27+10 ILCS 20/1
28+Amends the Agreement Among the States to Elect the President by National Popular Vote Act. Makes a technical change in a Section concerning the short title.
29+LRB103 02947 AWJ 47953 b LRB103 02947 AWJ 47953 b
30+ LRB103 02947 AWJ 47953 b
31+A BILL FOR
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70-1 opportunity to affirmatively decline to register to vote
71-2 or to change his or her registered residence address or
72-3 name by providing a check box on the application form
73-4 without requiring the applicant to state the reason; and
74-5 (4) allow the applicant to notify the Office of the
75-6 Secretary of State of the applicant's preferred language
76-7 unless the applicant declines to register to vote or
77-8 change his or her registered residence address or name,
78-9 require the applicant to attest, by signature under
79-10 penalty of perjury as described in subsection (e) of this
80-11 Section, to meeting the qualifications to register to vote
81-12 in Illinois at his or her residence address as indicated
82-13 on his or her driver's license or identification card
83-14 dual-purpose application.
84-15 The Office of the Secretary of State shall record the type
85-16 of documents presented by the applicant that establishes the
86-17 applicant is a United States citizen as described in
87-18 subsection (g) and shall enter United States citizenship in a
88-19 designated field. Based on the entry of United States
89-20 citizenship in the designated field, the Office of the
90-21 Secretary of State shall initiate a dual-purpose application
91-22 through an automated process that is not subject to the
92-23 discretion of individual employees of the Office of the
93-24 Secretary of State.
94-25 (b-5) If, as part of an application, an application for
95-26 renewal, or a change of address form, or a recertification
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106-1 form for a driver's license, other than a temporary visitor's
107-2 driver's license, or a State identification card issued by the
108-3 Office of the Secretary of State, other than an application or
109-4 form that pertains to a standard driver's license or
110-5 identification card for an applicant who does not have and is
111-6 not eligible for a social security number, an applicant
112-7 presents documentation that neither establishes that the
113-8 applicant is a United States citizen nor establishes that the
114-9 applicant is not a United States citizen and the information
115-10 provided to the Office of the Secretary of State under
116-11 subsection (c) does not indicate that the applicant is
117-12 currently registered to vote in Illinois does not meet the
118-13 requirements of the federal REAL ID Act of 2005, then that
119-14 application shall serve as a dual-purpose application. The
120-15 dual-purpose application that, shall: (1) also serve as an
121-16 application to register to vote in Illinois; (2) allow an
122-17 applicant to change his or her registered residence address or
123-18 name as it appears on the voter registration rolls; and (3) if
124-19 the applicant chooses to register to vote, shall also serve as
125-20 an application to register to vote in Illinois. If the
126-21 applicant chooses to register to vote, the applicant shall be
127-22 required or to change his or her registered residence address
128-23 or name, then require the applicant to attest, by a separate
129-24 signature under penalty of perjury, to meeting the
130-25 qualifications to register to vote in Illinois at the
131-26 applicant's his or her residence address as indicated on the
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142-1 his or her dual-purpose application. The dual-purpose
143-2 application shall allow the applicant to notify the Office of
144-3 the Secretary of State of the applicant's preferred language.
145-4 (b-8) If an applicant presents to the Secretary of State
146-5 documentation that establishes the applicant is not a United
147-6 States citizen, no application submitted by that applicant
148-7 shall serve as a dual-purpose application under this Section.
149-8 (b-10) Before asking any applicant described in subsection
150-9 (b) to provide the written affirmation described in that
151-10 subsection, the The Office of the Secretary of State shall
152-11 clearly and conspicuously inform each applicant in writing:
153-12 (i) of the qualifications to register to vote in Illinois; ,
154-13 (ii) of the penalties provided by law for submission of a false
155-14 voter registration application, including the
156-15 immigration-related consequences of incorrectly claiming
157-16 United States citizenship and of the applicant's opportunity
158-17 not to proceed in order to avoid the penalties; and (iii) that
159-18 the , unless the applicant declines to register to vote or
160-19 update his or her voter registration, his or her dual-purpose
161-20 application shall also serve as both an application to
162-21 register to vote and his or her attestation that he or she
163-22 meets the eligibility requirements for voter registration, and
164-23 that the his or her application to register to vote or update
165-24 voter his or her registration will be transmitted to the State
166-25 Board of Elections for the purpose of registering the person
167-26 to vote at the residence address to be indicated on the
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178-1 applicant's his or her driver's license or identification
179-2 card, and (iv) that declining to register to vote is
180-3 confidential and will not affect any services the person may
181-4 be seeking from the Office of the Secretary of State.
182-5 The Office of the Secretary of State may provide
183-6 additional instructions specific to applicants under
184-7 subsection (b).
185-8 (b-15) Before asking any applicant described in subsection
186-9 (b-5) to provide the attestation described in that subsection,
187-10 the Office of the Secretary of State shall clearly and
188-11 conspicuously inform each applicant in writing: (i) of the
189-12 qualifications to register to vote in Illinois; (ii) of the
190-13 penalties provided by law for submission of a false voter
191-14 registration application, including the immigration-related
192-15 consequences of incorrectly claiming United States citizenship
193-16 and of the applicant's opportunity to withdraw an application
194-17 to avoid the penalties; (iii) that the application shall also
195-18 serve as an application to register to vote and that the
196-19 application to register to vote or update voter registration
197-20 will be transmitted to the State Board of Elections for the
198-21 purpose of registering the person to vote at the residence
199-22 address to be indicated on the applicant's driver's license or
200-23 identification card, unless the applicant withdraws the
201-24 application or declines to register to vote or update the
202-25 applicant's voter registration; and (iv) that declining to
203-26 register to vote or withdrawing a voter application is
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214-1 confidential and will not affect any services the person may
215-2 be seeking from the Office of the Secretary of State. The
216-3 Office of the Secretary of State may provide additional
217-4 instructions specific to applicants under subsection (b-5).
218-5 (c) The Office of the Secretary of State shall review
219-6 information provided to the Office of the Secretary of State
220-7 by the State Board of Elections to determine inform each
221-8 applicant for a driver's license or permit, other than a
222-9 temporary visitor's driver's license, or a State
223-10 identification card issued by the Office of the Secretary of
224-11 State whether each the applicant under subsections (b) and
225-12 (b-5) is currently registered to vote in Illinois and, if
226-13 registered, at what address, and shall inform each applicant
227-14 described in subsection (b-5) for a driver's license or permit
228-15 or State identification card issued by the Office of the
229-16 Secretary of State whether the applicant is currently
230-17 registered and, if registered, at what address.
231-18 (d) The Office of the Secretary of State shall not require
232-19 an applicant for a driver's license or State identification
233-20 card to provide duplicate identification or information in
234-21 order to complete an application to register to vote or change
235-22 his or her registered residence address or name. Before
236-23 transmitting any personal information about an applicant to
237-24 the State Board of Elections, the Office of the Secretary of
238-25 State shall review its records of the identification documents
239-26 the applicant provided in order to complete the application
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250-1 for a driver's license or State identification card, to
251-2 confirm that nothing in those documents indicates that the
252-3 applicant does not satisfy the qualifications to register to
253-4 vote in Illinois at his or her residence address. If the
254-5 applicant provides the Office of the Secretary of State with
255-6 an address designated by the Attorney General as a substitute
256-7 mailing address under Section 15 of the Address
257-8 Confidentiality for Victims of Domestic Violence, Sexual
258-9 Assault, Human Trafficking, or Stalking Act or is a judicial
259-10 officer of peace officer who provides the Office of the
260-11 Secretary of State with a work address instead of a residence
261-12 address, as authorized by subsection (a) of Section 6-106 of
262-13 the Illinois Vehicle Code, the applicant shall not be offered
263-14 voter registration by the Office of the Secretary of State.
264-15 (e) A completed, signed application for (i) a driver's
265-16 license or permit, other than a temporary visitor's driver's
266-17 license, or a State identification card issued by the Office
267-18 of the Secretary of State that includes the presentation of
268-19 documentation that establishes that the applicant is a United
269-20 States citizen and is of age to register to vote or for which
270-21 the information provided to the Office of the Secretary of
271-22 State under subsection (c) indicates that the applicant is
272-23 currently registered to vote in Illinois , that meets the
273-24 requirements of the federal REAL ID Act of 2005; or (ii) a
274-25 completed application under subsection (b-5) of this Section
275-26 with a separate signature attesting the applicant meets the
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286-1 qualifications to register to vote in Illinois at his or her
287-2 residence address as indicated on his or her application shall
288-3 constitute a signed application to register to vote in
289-4 Illinois at the residence address indicated in the application
290-5 unless the person affirmatively declined in the application to
291-6 register to vote or to change his or her registered residence
292-7 address or name. If the identification documents provided to
293-8 complete the dual-purpose application indicate that the
294-9 applicant he or she does not satisfy the qualifications to
295-10 register to vote in Illinois at the specified his or her
296-11 residence address, the application shall be marked as
297-12 incomplete.
298-13 (f) For each completed and signed application that
299-14 constitutes an application to register to vote in Illinois or
300-15 provides for a change in the applicant's registered residence
301-16 address or name, the Office of the Secretary of State shall
302-17 electronically transmit to the State Board of Elections
303-18 personal information needed to complete the person's
304-19 registration to vote in Illinois at the specified his or her
305-20 residence address, including the applicant's choice language
306-21 preference as indicated by the applicant or as otherwise
307-22 collected by the Office of the Secretary of State during the
308-23 permitting, licensing, or identification card transaction. The
309-24 application to register to vote shall be processed in
310-25 accordance with Section 1A-16.7.
311-26 (g) Documentation that establishes that the applicant is a
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322-1 United States citizen shall include:
323-2 (1) a valid, unexpired United States passport or
324-3 passport card or a United States passport or passport card
325-4 that has been expired for no more than 2 years;
326-5 (2) a certified copy of a birth certificate filed with
327-6 the Division of Vital Records or an equivalent agency in
328-7 the individual's state of birth;
329-8 (3) a Consular Report of Birth Abroad issued by the
330-9 United States Department of State, Form FS-240, DS-1350,
331-10 or FS-545; and
332-11 (4) a Certificate of Citizenship issued by the United
333-12 States Department of Homeland Security, Form N-560 or form
334-13 N-561. If the federal REAL ID Act of 2005 is repealed,
335-14 abrogated, superseded, or otherwise no longer in effect,
336-15 then the State Board of Elections shall establish criteria
337-16 for determining reliable personal information indicating
338-17 citizenship status and shall adopt rules as necessary for
339-18 the Secretary of State to continue processing dual-purpose
340-19 applications under this Section.
341-20 (h) As used in this Section, "dual-purpose application"
342-21 means an application, an application for renewal or , a change
343-22 of address form, or a recertification form for driver's
344-23 license or permit, other than a temporary visitor's driver's
345-24 license, or a State identification card offered by the
346-25 Secretary of State that also serves as an application to
347-26 register to vote in Illinois. "Dual-purpose application" does
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358-1 not mean an application under subsection (c) of Section 6-109
359-2 of the Illinois Vehicle Code.
360-3 (i) The changes made to this Section by this amendatory
361-4 Act of the 103rd General Assembly shall be implemented no
362-5 later than January 1, 2026.
363-6 (Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
364-7 (Text of Section after amendment by P.A. 103-210)
365-8 Sec. 1A-16.1. Automatic voter registration; Secretary of
366-9 State.
367-10 (a) The Office of the Secretary of State and the State
368-11 Board of Elections, pursuant to an interagency contract and
369-12 jointly adopted jointly-adopted rules, shall establish an
370-13 automatic voter registration program that satisfies the
371-14 requirements of this Section and other applicable law.
372-15 (b) If, as part of an application, an application for
373-16 renewal, or a change of address form, or a recertification
374-17 form for a driver's license or a State identification card
375-18 issued by the Office of the Secretary of State, an applicant
376-19 presents documentation that establishes that the applicant is
377-20 a United States citizen, as described in subsection (g), and
378-21 is of age to register to vote or if the information provided to
379-22 the Office of the Secretary of State under subsection (c)
380-23 indicates that the applicant is currently registered to vote
381-24 in Illinois and, upon reviewing the documents and information
382-25 submitted by the applicant, the Office of the Secretary of
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393-1 State determines that the name or residence address
394-2 documentation submitted by the applicant differs from the
395-3 information regarding the applicant provided under subsection
396-4 (c) meets the requirements of the federal REAL ID Act of 2005,
397-5 then that application shall serve as a dual-purpose
398-6 application, unless the applicant declines in accordance with
399-7 subsection (g) of Section 1A-16.7. The dual-purpose
400-8 application shall:
401-9 (1) also serve as an application to register to vote
402-10 in Illinois;
403-11 (2) allow an applicant to change the applicant's his
404-12 or her registered residence address or name as it appears
405-13 on the voter registration rolls;
406-14 (3) in a single affirmation, including the affirmation
407-15 required for a driver's license or State identification
408-16 card, allow the applicant to affirm, under penalty of
409-17 perjury, to the truth and correctness of the information
410-18 submitted in the dual-purpose application that is
411-19 necessary to assess the applicant's eligibility to
412-20 register to vote or to change the applicant's registered
413-21 residence address or name as it appears on the voter
414-22 registration rolls provide the applicant with an
415-23 opportunity to affirmatively decline to register to vote
416-24 or to change his or her registered residence address or
417-25 name by providing a check box on the application form
418-26 without requiring the applicant to state the reason; and
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429-1 (4) allow the applicant to notify the Office of the
430-2 Secretary of State of the applicant's preferred language
431-3 unless the applicant declines to register to vote or
432-4 change his or her registered residence address or name,
433-5 require the applicant to attest, by signature under
434-6 penalty of perjury as described in subsection (e) of this
435-7 Section, to meeting the qualifications to register to vote
436-8 in Illinois at his or her residence address as indicated
437-9 on his or her driver's license or identification card
438-10 dual-purpose application.
439-11 The Office of the Secretary of State shall record the type
440-12 of documents presented by the applicant that establishes the
441-13 applicant is a United States citizen as described in
442-14 subsection (g) and shall enter United States citizenship in a
443-15 designated field. Based on the entry of United States
444-16 citizenship in the designated field, the Office of the
445-17 Secretary of State shall initiate a dual-purpose application
446-18 through an automated process that is not subject to the
447-19 discretion of individual employees of the Office of the
448-20 Secretary of State.
449-21 (b-5) If, as part of an application, an application for
450-22 renewal, or a change of address form, or a recertification
451-23 form for a driver's license or a State identification card
452-24 issued by the Office of the Secretary of State, other than an
453-25 application or form that pertains to a standard driver's
454-26 license or identification card for an applicant who does not
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465-1 have and is not eligible for and does not list a social
466-2 security number, an applicant presents documentation that
467-3 neither establishes that the applicant is a United States
468-4 citizen nor establishes that the applicant is not a United
469-5 States citizen and the information provided to the Office of
470-6 the Secretary of State under subsection (c) does not indicate
471-7 that the applicant is currently registered to vote in Illinois
472-8 for the applicant, does not meet the requirements of the
473-9 federal REAL ID Act of 2005, then that application shall serve
474-10 as a dual-purpose application. The dual-purpose application
475-11 that, shall: (1) also serve as an application to register to
476-12 vote in Illinois; (2) allow an applicant to change his or her
477-13 registered residence address or name as it appears on the
478-14 voter registration rolls; and (3) if the applicant chooses to
479-15 register to vote, shall also serve as an application to
480-16 register to vote in Illinois. If the applicant chooses to
481-17 register to vote, the applicant shall be required or to change
482-18 his or her registered residence address or name, then require
483-19 the applicant to attest, by a separate signature under penalty
484-20 of perjury, to meeting the qualifications to register to vote
485-21 in Illinois at the applicant's his or her residence address as
486-22 indicated on the his or her dual-purpose application.
487-23 The dual-purpose application shall allow the applicant to
488-24 notify the Office of the Secretary of State of the applicant's
489-25 preferred language.
490-26 (b-8) If an applicant presents to the Secretary of State
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501-1 documentation that establishes the applicant is not a United
502-2 States citizen, no application submitted by that applicant
503-3 shall serve as a dual-purpose application under this Section.
504-4 (b-10) Before asking any applicant described in subsection
505-5 (b) to provide the written affirmation described in that
506-6 subsection, the The Office of the Secretary of State shall
507-7 clearly and conspicuously inform each applicant in writing:
508-8 (i) of the qualifications to register to vote in Illinois; ,
509-9 (ii) of the penalties provided by law for submission of a false
510-10 voter registration application, including the
511-11 immigration-related consequences of incorrectly claiming
512-12 United States citizenship and of the applicant's opportunity
513-13 not to proceed in order to avoid the penalties; and , (iii) that
514-14 the , unless the applicant declines to register to vote or
515-15 update his or her voter registration, his or her dual-purpose
516-16 application shall also serve as both an application to
517-17 register to vote and his or her attestation that he or she
518-18 meets the eligibility requirements for voter registration, and
519-19 that the his or her application to register to vote or update
520-20 voter his or her registration will be transmitted to the State
521-21 Board of Elections for the purpose of registering the person
522-22 to vote at the residence address to be indicated on the
523-23 applicant's his or her driver's license or identification
524-24 card, and (iv) that declining to register to vote is
525-25 confidential and will not affect any services the person may
526-26 be seeking from the Office of the Secretary of State. The
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537-1 Office of the Secretary of State may provide additional
538-2 instructions specific to applicants under subsection (b).
539-3 (b-15) Before asking any applicant described in subsection
540-4 (b-5) to provide the attestation described in that subsection,
541-5 the Office of the Secretary of State shall clearly and
542-6 conspicuously inform each applicant in writing: (i) of the
543-7 qualifications to register to vote in Illinois; (ii) of the
544-8 penalties provided by law for submission of a false voter
545-9 registration application, including the immigration-related
546-10 consequences of incorrectly claiming United States citizenship
547-11 and of the applicant's opportunity to withdraw an application
548-12 to avoid the penalties; (iii) that the application shall also
549-13 serve as an application to register to vote and that the
550-14 application to register to vote or update voter registration
551-15 will be transmitted to the State Board of Elections for the
552-16 purpose of registering the person to vote at the residence
553-17 address to be indicated on the applicant's driver's license or
554-18 identification card, unless the applicant withdraws the
555-19 application or declines to register to vote or update the
556-20 applicant's voter registration; and (iv) that declining to
557-21 register to vote or withdrawing a voter application is
558-22 confidential and will not affect any services the person may
559-23 be seeking from the Office of the Secretary of State. The
560-24 Office of the Secretary of State may provide additional
561-25 instructions specific to applicants under subsection (b-5).
562-26 (c) The Office of the Secretary of State shall review
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573-1 information provided to the Office of the Secretary of State
574-2 by the State Board of Elections to determine whether each
575-3 inform each applicant for a driver's license or permit or a
576-4 State identification card issued by the Office of the
577-5 Secretary of State, other than an application or form that
578-6 pertains to a standard driver's license or identification card
579-7 and does not list a social security number for the applicant,
580-8 whether the applicant under subsections (b) and (b-5) is
581-9 currently registered to vote in Illinois and, if registered,
582-10 at what address, and shall inform each applicant described in
583-11 subsection (b-5) for a driver's license or permit or State
584-12 identification card issued by the Office of the Secretary of
585-13 State whether the applicant is currently registered and, if
586-14 registered, at what address.
587-15 (d) The Office of the Secretary of State shall not require
588-16 an applicant for a driver's license or State identification
589-17 card to provide duplicate identification or information in
590-18 order to complete an application to register to vote or change
591-19 his or her registered residence address or name. Before
592-20 transmitting any personal information about an applicant to
593-21 the State Board of Elections, the Office of the Secretary of
594-22 State shall review its records of the identification documents
595-23 the applicant provided in order to complete the application
596-24 for a driver's license or State identification card, to
597-25 confirm that nothing in those documents indicates that the
598-26 applicant does not satisfy the qualifications to register to
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609-1 vote in Illinois at his or her residence address. If the
610-2 applicant provides the Office of the Secretary of State with
611-3 an address designated by the Attorney General as a substitute
612-4 mailing address under Section 15 of the Address
613-5 Confidentiality for Victims of Domestic Violence, Sexual
614-6 Assault, Human Trafficking, or Stalking Act or is a judicial
615-7 officer of peace officer who provides the Office of the
616-8 Secretary of State with a work address instead of a residence
617-9 address, as authorized by subsection (a) of Section 6-106 of
618-10 the Illinois Vehicle Code, the applicant shall not be offered
619-11 voter registration by the Office of the Secretary of State.
620-12 (e) A completed, signed application for (i) a driver's
621-13 license or permit or a State identification card issued by the
622-14 Office of the Secretary of State that includes the
623-15 presentation of documentation that establishes that the
624-16 applicant is a United States citizen and is of age to register
625-17 to vote or for which the information provided to the Office of
626-18 the Secretary of State under subsection (c) indicates that the
627-19 applicant is currently registered to vote in Illinois , that
628-20 meets the requirements of the federal REAL ID Act of 2005; or
629-21 (ii) a completed application under subsection (b-5) of this
630-22 Section with a separate signature attesting the applicant
631-23 meets the qualifications to register to vote in Illinois at
632-24 his or her residence address as indicated on his or her
633-25 application shall constitute a signed application to register
634-26 to vote in Illinois at the residence address indicated in the
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645-1 application unless the person affirmatively declined in the
646-2 application to register to vote or to change his or her
647-3 registered residence address or name. If the identification
648-4 documents provided to complete the dual-purpose application
649-5 indicate that the applicant he or she does not satisfy the
650-6 qualifications to register to vote in Illinois at the
651-7 specified his or her residence address, the application shall
652-8 be marked as incomplete.
653-9 (f) For each completed and signed application that
654-10 constitutes an application to register to vote in Illinois or
655-11 provides for a change in the applicant's registered residence
656-12 address or name, the Office of the Secretary of State shall
657-13 electronically transmit to the State Board of Elections
658-14 personal information needed to complete the person's
659-15 registration to vote in Illinois at the specified his or her
660-16 residence address, including the applicant's choice language
661-17 preference as indicated by the applicant or as otherwise
662-18 collected by the Office of the Secretary of State during the
663-19 permitting, licensing, or identification card transaction. The
664-20 application to register to vote shall be processed in
665-21 accordance with Section 1A-16.7.
666-22 (g) Documentation that establishes that the applicant is a
667-23 United States citizen shall include:
668-24 (1) a valid, unexpired United States passport or
669-25 passport card or a United States passport or passport card
670-26 that has been expired for no more than 2 years;
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681-1 (2) a certified copy of a birth certificate filed with
682-2 the Division of Vital Records or an equivalent agency in
683-3 the individual's state of birth;
684-4 (3) a Consular Report of Birth Abroad issued by the
685-5 United States Department of State, Form FS-240, DS-1350,
686-6 or FS-545; and
687-7 (4) a Certificate of Citizenship issued by the United
688-8 States Department of Homeland Security, Form N-560 or form
689-9 N-561. If the federal REAL ID Act of 2005 is repealed,
690-10 abrogated, superseded, or otherwise no longer in effect,
691-11 then the State Board of Elections shall establish criteria
692-12 for determining reliable personal information indicating
693-13 citizenship status and shall adopt rules as necessary for
694-14 the Secretary of State to continue processing dual-purpose
695-15 applications under this Section.
696-16 (h) As used in this Section, "dual-purpose application"
697-17 means an application, an application for renewal or , a change
698-18 of address form, or a recertification form for driver's
699-19 license or permit or a State identification card offered by
700-20 the Secretary of State, other than an application or form that
701-21 pertains to a standard driver's license or identification card
702-22 for an applicant who does not have and is not eligible for, a
703-23 social security number and does not list a social security
704-24 number for the applicant, that also serves as an application
705-25 to register to vote in Illinois. "Dual-purpose application"
706-26 does not mean an application under subsection (c) of Section
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717-1 6-109 of the Illinois Vehicle Code.
718-2 (i) The changes made to this Section by this amendatory
719-3 Act of the 103rd General Assembly shall be implemented no
720-4 later than January 1, 2026.
721-5 (Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
722-6 (10 ILCS 5/1A-16.2)
723-7 Sec. 1A-16.2. Automatic voter registration; designated
724-8 automatic voter registration agencies.
725-9 (a) Each designated automatic voter registration agency
726-10 shall, pursuant to an interagency contract and jointly adopted
727-11 jointly-adopted rules with the State Board of Elections, agree
728-12 to participate in an automatic voter registration program
729-13 established by the State Board of Elections that satisfies the
730-14 requirements of this Section and other applicable law. If the
731-15 designated automatic voter registration agency provides
732-16 applications, applications for renewal, change of address
733-17 forms, filing, or recertification forms to individuals for
734-18 services offered by another agency, then the State Board of
735-19 Elections and the designated automatic voter agency shall
736-20 consult with the other agency. The State Board of Elections
737-21 shall consider the current technological capabilities of the
738-22 designated voter registration agency when drafting interagency
739-23 contracts and jointly adopted jointly-adopted rules. The State
740-24 Board of Elections and the designated automatic voter
741-25 registration agency shall amend these contracts and rules as
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752-1 the technological capabilities of the designated voter
753-2 registration agencies improve.
754-3 (b) As provided in subsection (a) of this Section, when
755-4 each designated automatic voter registration agency provides
756-5 that collects or cross-references reliable personal
757-6 information indicating citizenship status may provide that an
758-7 application or form for a license, permit, program, or service
759-8 described in subsection (a) that, as part of the application
760-9 or form, the applicant presents documentation that establishes
761-10 that the applicant is a United States citizen as described in
762-11 subsection (g) of Section 1A-16.1, the application or form
763-12 shall serve as a dual-purpose application, unless the
764-13 applicant declines in accordance with subsection (g) of
765-14 Section 1A-16.7. The dual-purpose application shall:
766-15 (1) also serve as an application to register to vote
767-16 in Illinois;
768-17 (2) allow an applicant to change the applicant's his
769-18 or her registered residence address or name as it appears
770-19 on the voter registration rolls;
771-20 (3) in a single affirmation including the affirmation
772-21 required for the designated automatic voter registration
773-22 agency's application, allow the applicant to affirm, under
774-23 penalty of perjury, to the truth and correctness of
775-24 information submitted in the dual-purpose application that
776-25 is necessary to assess the applicant's eligibility to
777-26 register to vote or to change the applicant's registered
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788-1 residence address or name as it appears on the voter
789-2 registration rolls provide the applicant with an
790-3 opportunity to affirmatively decline to register to vote
791-4 or change his or her registered residence address or name
792-5 by providing a check box on the application form without
793-6 requiring the applicant to state the reason; and
794-7 (4) allow the applicant to notify the agency of the
795-8 applicant's preferred language unless the applicant
796-9 declines to register to vote or to change his or her
797-10 registered residence address or name, require the
798-11 applicant to attest, by signature under penalty of
799-12 perjury, to meeting the qualifications to register to vote
800-13 in Illinois at his or her residence address as indicated
801-14 on his or her dual-purpose application.
802-15 The agency shall record the type of document presented by
803-16 the applicant that establishes that the applicant is a United
804-17 States citizen as described in subsection (g) of Section
805-18 1A-16.1.
806-19 (c) As provided in subsection (a) of this Section, when
807-20 each designated automatic voter registration agency provides
808-21 that does not collect or cross-reference records containing
809-22 reliable personal information indicating citizenship status
810-23 may provide that an application or , an application for
811-24 renewal, a change of address form, or a recertification form
812-25 for a license, permit, program, or service described in
813-26 subsection (a) that, as part of the application of form, the
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824-1 applicant presents documentation that neither establishes that
825-2 the applicant is a United States citizen nor establishes that
826-3 the applicant is not a United States citizen, the application
827-4 or form shall serve as a dual-purpose application if the
828-5 applicant chooses to register to vote. The dual-purpose
829-6 application shall:
830-7 (1) also serve as an application to register to vote
831-8 in Illinois;
832-9 (2) allow an applicant to change his or her registered
833-10 residence address or name as it appears on the voter
834-11 registration rolls; and
835-12 (3) if the applicant chooses to register to vote or to
836-13 change the applicant's his or her registered residence
837-14 address or name, then require the applicant to attest, by
838-15 a separate signature under penalty of perjury, to meeting
839-16 the qualifications to register to vote in Illinois at his
840-17 or her residence address as indicated on his or her
841-18 dual-purpose application; and .
842-19 (4) allow the applicant to notify the agency of the
843-20 applicant's preferred language.
844-21 (c-1) If an applicant presents documentation to the
845-22 designated automatic voter registration agency that
846-23 establishes that the applicant is not a United States citizen
847-24 or the applicant attests that the applicant is not a United
848-25 States citizen, no application submitted by that applicant
849-26 shall serve as a dual-purpose application under this Section.
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860-1 (c-5) Before asking any applicant described in subsection
861-2 (b) of this Section to provide the affirmation described in
862-3 that subsection, the The designated automatic voter
863-4 registration agency shall clearly and conspicuously inform
864-5 each applicant in writing: (i) of the qualifications to
865-6 register to vote in Illinois; , (ii) of the penalties provided
866-7 by law for submission of a false voter registration
867-8 application, including the immigration-related consequences of
868-9 incorrectly claiming United States citizenship and of the
869-10 applicant's opportunity not to proceed in order to avoid the
870-11 penalties; (iii) that the application shall serve as an
871-12 application to register to vote or change the applicant's
872-13 voter registration, and that the application , unless the
873-14 applicant declines to register to vote or update his or her
874-15 voter registration, his or her application shall also serve as
875-16 both an application to register to vote and his or her
876-17 attestation that he or she meets the eligibility requirements
877-18 for voter registration, and that his or her application to
878-19 register to vote or update his or her registration will be
879-20 transmitted to the State Board of Elections for the purpose of
880-21 registering the person to vote at the residence address to be
881-22 indicated on the dual-purpose application; , (iv) that
882-23 information identifying the agency at which he or she applied
883-24 to register to vote is confidential; , (v) that declining to
884-25 register to vote is confidential and will not affect any
885-26 services the person may be seeking from the agency, and (v)
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896-1 (vi) any additional information needed in order to comply with
897-2 Section 7 of the federal National Voter Registration Act of
898-3 1993. The designated automatic voter registration agency may
899-4 provide additional instructions specific to applicants under
900-5 subsection (b).
901-6 (c-10) Before asking any applicant described in subsection
902-7 (c) to provide the attestation described in that subsection,
903-8 the designated automatic voter registration agency shall
904-9 clearly and conspicuously inform each applicant in writing:
905-10 (i) of the qualifications to register to vote in Illinois;
906-11 (ii) of the penalties provided by law for submission of a false
907-12 voter registration application, including the
908-13 immigration-related consequences of incorrectly claiming
909-14 United States citizenship, and of the applicant's opportunity
910-15 to withdraw an application to avoid the penalties; (iii) that
911-16 the application shall also serve as an application to register
912-17 to vote or update the applicant's voter registration and that
913-18 the application to register to vote or update voter
914-19 registration will be transmitted to the State Board of
915-20 Elections for the purpose of registering the person to vote at
916-21 the residence address to be indicated on the dual-purpose
917-22 application, unless the applicant withdraws the application or
918-23 declines to register to vote or update the applicant's voter
919-24 registration; (iv) that information identifying the agency at
920-25 which the applicant applied to register to vote is
921-26 confidential; (v) that withdrawing a voter registration
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932-1 application or otherwise declining to register to vote is
933-2 confidential and will not affect any services the person may
934-3 be seeking from the agency; and (vi) any additional
935-4 information needed in order to comply with Section 7 of the
936-5 federal National Voter Registration Act of 1993. The
937-6 designated automatic voter registration agency may provide
938-7 additional instructions specific to applicants under
939-8 subsection (c).
940-9 (d) The designated automatic voter registration agency
941-10 shall review information provided to the agency by the State
942-11 Board of Elections to inform each applicant covered by
943-12 subsection (c) whether the applicant is currently registered
944-13 to vote in Illinois and, if registered, at what address.
945-14 (e) The designated automatic voter registration agency
946-15 shall not require an applicant for a dual-purpose application
947-16 to provide duplicate identification or information in order to
948-17 complete an application to register to vote or change the
949-18 applicant's his or her registered residence address or name.
950-19 Before transmitting any personal information about an
951-20 applicant to the State Board of Elections, the agency shall
952-21 review its records of the identification documents the
953-22 applicant provided or that the agency cross-references in
954-23 order to complete the dual-purpose application, to confirm
955-24 that nothing in those documents indicates that the applicant
956-25 does not satisfy the qualifications to register to vote in
957-26 Illinois at the applicant's his or her residence address. A
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968-1 completed and signed dual-purpose application, including a
969-2 completed application under subsection (c) of this Section
970-3 with a separate signature attesting that the applicant meets
971-4 the qualifications to register to vote in Illinois at the his
972-5 or her residence address as indicated on the his or her
973-6 application, shall constitute an application to register to
974-7 vote in Illinois at the residence address indicated in the
975-8 application unless the person affirmatively declined in the
976-9 application to register to vote or to change his or her
977-10 registered residence address or name. If the identification
978-11 documents provided to complete the dual-purpose application,
979-12 or that the agency cross-references, indicate that the
980-13 applicant he or she does not satisfy the qualifications to
981-14 register to vote in Illinois at his or her residence address,
982-15 the application shall be marked as incomplete. If the
983-16 applicant provides the designated automatic voter registration
984-17 agency with an address designated by the Attorney General as a
985-18 substitute mailing address under Section 15 of the Address
986-19 Confidentiality for Victims of Domestic Violence, Sexual
987-20 Assault, Human Trafficking, or Stalking Act, or is a judicial
988-21 officer or peace officer who provides the designated automatic
989-22 voter registration agency with a work address instead of a
990-23 residence address, the applicant shall not be offered voter
991-24 registration by the designated automatic voter registration
992-25 agency.
993-26 (f) For each completed and signed dual-purpose application
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1004-1 that constitutes an application to register to vote in
1005-2 Illinois or provides for a change in the applicant's
1006-3 registered residence address or name, the designated automatic
1007-4 voter registration agency shall electronically transmit to the
1008-5 State Board of Elections personal information needed to
1009-6 complete the person's registration to vote in Illinois at his
1010-7 or her residence address, including the applicant's language
1011-8 preference as indicated by the applicant or as otherwise
1012-9 collected by the designated automatic voter registration
1013-10 agency in the course of receiving applications and other forms
1014-11 regarding licenses, permits, programs, and services offered by
1015-12 the designated automatic voter registration agency. The
1016-13 application to register to vote shall be processed in
1017-14 accordance with Section 1A-16.7.
1018-15 (g) As used in this Section:
1019-16 "Designated automatic voter registration agency" or
1020-17 "agency" means the divisions of Family and Community
1021-18 Services and Rehabilitation Services of the Department of
1022-19 Human Services, the Department of Employment Security, the
1023-20 Department of Financial and Professional Regulation, the
1024-21 Department of Natural Resources, or an agency of the
1025-22 local, tribal, State, or federal government that has been
1026-23 determined by the State Board of Elections to have access
1027-24 to reliable personal information and has entered into an
1028-25 interagency contract with the State Board of Elections to
1029-26 participate in the automatic voter registration program
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1040-1 under this Section.
1041-2 "Dual-purpose application" means an application, an
1042-3 application for renewal, a change of address form, or a
1043-4 recertification form for a license, permit, program, or
1044-5 service offered by a designated automatic voter
1045-6 registration agency that also serves as an application to
1046-7 register to vote in Illinois.
1047-8 "Reliable personal information" means information
1048-9 about individuals obtained from government sources that
1049-10 may be used to verify whether an individual is eligible to
1050-11 register to vote.
1051-12 (h) (Blank). This Section shall be implemented no later
1052-13 than July 1, 2019.
1053-14 (i) If an agency under this Section receives documentation
1054-15 that an applicant is a United States citizen, as described in
1055-16 subsection (g) of Section 1A-16.1 for more than one person
1056-17 listed on an application for a license, permit, program, or
1057-18 service, each person for whom the agency receives the
1058-19 documentation may be considered an applicant under this
1059-20 Section and the application may serve as a dual-purpose
1060-21 application for each person.
1061-22 (j) The changes made to this Section by this amendatory
1062-23 Act of the 103rd General Assembly shall be implemented no
1063-24 later than January 1, 2026.
1064-25 (Source: P.A. 100-464, eff. 8-28-17.)
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1075-1 (10 ILCS 5/1A-16.3 new)
1076-2 Sec. 1A-16.3. Language assistance.
1077-3 (a) Every facility operated by the Driver Services
1078-4 Department of the Office of the Secretary of State and all
1079-5 facilities of a designated voter registration agency located
1080-6 in a political subdivision covered by Section 203 of the
1081-7 federal Voting Rights Act shall display and make plainly
1082-8 visible signage informing applicants about the type of
1083-9 language assistance available. The signage shall be in the
1084-10 covered languages applicable for the political subdivision.
1085-11 (b) Every facility operated by the Driver Services
1086-12 Department of the Office of the Secretary of State and all
1087-13 facilities of a designated voter registration agency located
1088-14 in a political subdivision covered by Section 203 of the
1089-15 federal Voting Rights Act shall make available, in the covered
1090-16 languages, all written materials and verbal communication
1091-17 regarding voter registration for the purpose of processing the
1092-18 applicant's dual-purpose application described in Sections
1093-19 1A-16.1 and 1A-16.2. Every facility operated by the Driver
1094-20 Services Department of the Office of the Secretary of State
1095-21 and all facilities of a designated voter registration agency
1096-22 shall make available, in the 5 most common non-English
1097-23 languages in this State, all written materials and verbal
1098-24 communications regarding voter registration for the purpose of
1099-25 processing an applicant's dual-purpose application described
1100-26 in Sections 1A-16.1 and 1A-16.2. These materials shall include
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1111-1 the notices described in subsection (b-10) of Section 1A-16.1
1112-2 and subsection (e) of Section 2-105 of the Illinois Vehicle
1113-3 Code, the affirmations described in paragraph (3) of
1114-4 subsection (b) of Section 1A-16.1 and paragraph (3) of
1115-5 subsection (b) of Section 1A-16.2, and the attestations
1116-6 described in subsection (b-5) of Section 1A-16.1 and paragraph
1117-7 (3) of subsection (c) of Section 1A-16.2.
1118-8 (c) In addition to the requirements under subsections (a)
1119-9 and (b), the Driver Services Department of the Office of the
1120-10 Secretary of State, as part of every transaction described in
1121-11 subsections (b) and (b-5) of Section 1A-16.1 completed through
1122-12 its website, and each designated automatic voter registration
1123-13 agency, as defined in subsection (g) of Section 1A-16.2, as
1124-14 part of every transaction described in subsections (b) and (c)
1125-15 of Section 1A-16.2 completed through its website, shall make
1126-16 available, in the covered languages required in any
1127-17 jurisdiction in this State by Section 203 of the federal
1128-18 Voting Rights Act and in the 5 most common non-English
1129-19 languages in this State, all information and questions
1130-20 provided to an applicant regarding voter registration for the
1131-21 purpose of processing the applicant's dual-purpose application
1132-22 as described in Sections 1A-16.1 and 1A-16.2. These materials
1133-23 shall include, but not be limited to, the notices described in
1134-24 subsection (b-10) of Section 1A-16.1 and subsection (e) of
1135-25 Section 2-105 of the Illinois Vehicle Code, the affirmations
1136-26 described in paragraph (3) of subsection (b) of Section
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1147-1 1A-16.1 and paragraph (3) of subsection (b) of Section
1148-2 1A-16.2, and the attestations described in subsection (b-5) of
1149-3 Section 1A-16.1 and paragraph (3) of subsection (c) of Section
1150-4 1A-16.2. The Office of the Secretary of the State shall
1151-5 determine the 5 most common non-English languages in this
1152-6 State by referring to the best available data from the United
1153-7 States Census Bureau or other sources that the Office of the
1154-8 Secretary of the State considers relevant and reliable.
1155-9 (10 ILCS 5/1A-16.7)
1156-10 Sec. 1A-16.7. Automatic voter registration.
1157-11 (a) The State Board of Elections shall establish and
1158-12 maintain a portal for automatic government agency voter
1159-13 registration that permits an eligible person to electronically
1160-14 apply to register to vote or to update his or her existing
1161-15 voter registration as provided in Section 1A-16.1 or Section
1162-16 1A-16.2. The portal shall interface with the online voter
1163-17 registration system established in Section 1A-16.5 of this
1164-18 Code and shall be capable of receiving and processing voter
1165-19 registration application information, including electronic
1166-20 signatures, from the Office of the Secretary of State and each
1167-21 designated automatic voter registration agency, as defined in
1168-22 Section 1A-16.2. The State Board of Elections may
1169-23 cross-reference voter registration information from any
1170-24 designated automatic voter registration agency, as defined
1171-25 under Section 1A-16.2 of this Code, with information contained
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1182-1 in the database of the Secretary of State as provided under
1183-2 subsection (c) of Section 1A-16.5 of this Code. The State
1184-3 Board of Elections shall modify the online voter registration
1185-4 system as necessary to implement this Section.
1186-5 (b) Voter registration data received from the Office of
1187-6 the Secretary of State or a designated automatic voter
1188-7 registration agency through the online registration
1189-8 application system shall be processed as provided in Section
1190-9 1A-16.5 of this Code.
1191-10 (c) The State Board of Elections shall establish technical
1192-11 specifications applicable to each automatic government
1193-12 registration program, including data format and transmission
1194-13 specifications. The Office of the Secretary of State and each
1195-14 designated automatic voter registration agency shall maintain
1196-15 a data transfer mechanism capable of transmitting voter
1197-16 registration application information, including electronic
1198-17 signatures where available, to the online voter registration
1199-18 system established in Section 1A-16.5 of this Code.
1200-19 (d) The State Board of Elections shall, by rule, establish
1201-20 criteria and procedures for determining whether an agency of
1202-21 the State or federal government seeking to become a designated
1203-22 automatic voter registration agency in the course of receiving
1204-23 applications and other forms regarding licenses, permits,
1205-24 programs, and services offered by the agency, receives
1206-25 documentation that an applicant is a United States citizen, as
1207-26 described in subsection (g) of Section 1A-16.1 has access to
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1218-1 reliable personal information, as defined under this
1219-2 subsection (d) and subsection (f) of Section 1A-16.2 of this
1220-3 Code, and otherwise meets the requirements to enter into an
1221-4 interagency contract and to operate as a designated automatic
1222-5 voter registration agency. The State Board of Elections shall
1223-6 approve each interagency contract upon affirmative vote of a
1224-7 majority of its members.
1225-8 As used in this subsection (d), "reliable personal
1226-9 information" means information about individuals obtained from
1227-10 government sources that may be used to verify whether an
1228-11 individual is eligible to register to vote.
1229-12 (e) Whenever an applicant's data is transferred from the
1230-13 Office of the Secretary of State or a designated automatic
1231-14 voter registration agency, the agency must transmit a
1232-15 signature image if available. If no signature image was
1233-16 provided by the agency and , or if no signature image is
1234-17 available in the Office of the Secretary of State's database
1235-18 or the statewide voter registration database, or other
1236-19 database available to the State Board of Elections, the
1237-20 applicant must be notified that voter his or her registration
1238-21 will remain in a pending status until the applicant: , and the
1239-22 applicant will be required to
1240-23 (1) provides provide identification that complies with
1241-24 the federal Help America Vote Act of 2002 and a signature
1242-25 to the election authority on election day in the polling
1243-26 place or during early voting; .
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1254-1 (2) provides identification that complies with the
1255-2 federal Help America Vote Act of 2002 and a signature with
1256-3 a mail ballot, or provides a signature in accordance with
1257-4 the procedures described in subsection (g-5) of Section
1258-5 19-8; or
1259-6 (3) provides a signature in response to the notice
1260-7 described in subsection (g) or by other paper or
1261-8 electronic means determined by the State Board of
1262-9 Elections.
1263-10 (f) Upon receipt of personal information collected and
1264-11 transferred by the Office of the Secretary of State or a
1265-12 designated automatic voter registration agency, the State
1266-13 Board of Elections shall check the information against the
1267-14 statewide voter registration database. The State Board of
1268-15 Elections shall create and electronically transmit to the
1269-16 appropriate election authority a voter registration
1270-17 application for any individual who is not registered to vote
1271-18 in Illinois and is not disqualified as provided in this
1272-19 Section or whose information reliably indicates a more recent
1273-20 update to the name or address of a person already included in
1274-21 the statewide voter database. The election authority shall
1275-22 process the application accordingly. If the individual
1276-23 provides the Office of the Secretary of State or a designated
1277-24 automatic voter registration agency with an address designated
1278-25 by the Attorney General as a substitute mailing address under
1279-26 Section 15 of the Address Confidentiality for Victims of
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1290-1 Domestic Violence, Sexual Assault, Human Trafficking, or
1291-2 Stalking Act or if the State Board of Elections otherwise
1292-3 determines that the individual is a program participant under
1293-4 Section 10 of the Address Confidentiality for Victims of
1294-5 Domestic Violence, Sexual Assault, Human Trafficking, or
1295-6 Stalking Act, the State Board of Elections shall not create or
1296-7 electronically transmit to an election authority a voter
1297-8 registration the application for the individual. The State
1298-9 Board of Elections may provide alternative voter registration
1299-10 procedures for the individuals described in this subsection.
1300-11 (g) The appropriate election authority shall ensure that
1301-12 any applicant about whom it receives information from the
1302-13 State Board of Elections under subsection (f) who is
1303-14 registered to vote or whose existing voter registration is
1304-15 updated under this Section is promptly sent written notice of
1305-16 the change. The notice required by this subsection (g) may be
1306-17 sent or combined with other notices required or permitted by
1307-18 law, including, but not limited to, any notices sent pursuant
1308-19 to Section 1A-16.5 of this Code. Any notice required by this
1309-20 subsection (g) shall contain, at a minimum: (i) the
1310-21 applicant's name and residential address as reflected on the
1311-22 voter registration list; (ii) a statement notifying the
1312-23 applicant to contact the appropriate election authority if his
1313-24 or her voter registration has been updated in error; (iii) the
1314-25 qualifications to register to vote in Illinois; (iv) a
1315-26 statement notifying the applicant that he or she may opt out of
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1326-1 voter registration or request a change to his or her
1327-2 registration information at any time by contacting an election
1328-3 official; and (iii) (v) contact information for the
1329-4 appropriate election authority, including a phone number,
1330-5 address, electronic mail address, and website address.
1331-6 For an applicant under subsection (b) of Section 1A-16.1
1332-7 or subsection (b) of Section 1A-16.2 who is not currently
1333-8 registered to vote in Illinois, the notice shall be sent
1334-9 within 5 business days after the transmission of the voter
1335-10 registration application to the election authority and shall
1336-11 contain:
1337-12 (1) the following statement: "After your recent visit
1338-13 to [an Illinois Secretary of State Driver Services
1339-14 Facility, or designated automatic voter registration
1340-15 agency] we started an automatic voter registration process
1341-16 for you. You will be registered to vote unless you
1342-17 complete, sign, and return this card by [deadline date].";
1343-18 (2) the notices required by Section 5(c)(2) of the
1344-19 National Voter Registration Act of 1993; and
1345-20 (3) an opportunity to provide a signature as described
1346-21 in subsection (e) and to select a language for election
1347-22 materials if applicable to the jurisdiction, by prepaid
1348-23 postage.
1349-24 For an applicant under subsection (b) of Section 1A-16.1
1350-25 or subsections (b) of Section 1A-16.2 who is currently
1351-26 registered to vote in Illinois and whose application contains
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1362-1 a change in the applicant's registered residence address or
1363-2 name, the notice shall be sent within 5 business days after the
1364-3 transmission of the voter registration application to the
1365-4 election authority and shall contain:
1366-5 (1) the following statement: "After your recent visit
1367-6 to [an Illinois Secretary of State Driver Services
1368-7 Facility or designated automatic voter registration
1369-8 agency], we started an update to your voter registration.
1370-9 Your voter registration will be updated unless you
1371-10 complete, sign and return this card by [deadline date].";
1372-11 (2) the notices required by Section 5(c)(2) of the
1373-12 National Voter Registration Act of 1993; and
1374-13 (3) an opportunity to provide a signature as described
1375-14 in subsection (e), and to select a language for election
1376-15 materials if applicable to the jurisdiction, by prepaid
1377-16 postage.
1378-17 Any notice required by this subsection shall, at a
1379-18 minimum, be provided in languages for which there is coverage
1380-19 for the jurisdiction of the election authority under Section
1381-20 203 of the federal Voting Rights Act, as identified by the
1382-21 United States Census Bureau in the Federal Register. Any
1383-22 notice required by this subsection must also comply with all
1384-23 applicable, federal, State, and local laws, regulations, and
1385-24 ordinances that relate to providing language access to
1386-25 individuals with limited English proficiency. If the State
1387-26 Board of Elections has received language preference
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1398-1 information regarding the applicant and has transmitted that
1399-2 information to the appropriate election authority, the
1400-3 appropriate election authority shall take all practicable
1401-4 measures to send the notice to the applicant in the
1402-5 applicant's preferred language.
1403-6 (g-5) If an applicant under subsection (b) of Section
1404-7 1A-16.1 or subsection (b) of Section 1A-16.2 returns the
1405-8 notice described in subsection (g) declining to be registered
1406-9 within 23 days after the mailing of the notice, the applicant
1407-10 shall not be registered to vote and the applicant shall be
1408-11 deemed not to have attempted to register to vote. If an
1409-12 applicant under subsection (b) of Section 1A-16.1 or
1410-13 subsection (b) of Section 1A-16.2 returns the notice described
1411-14 in subsection (g) declining or correcting the update within 23
1412-15 days after the mailing of the notice, the applicant's update
1413-16 shall be declined or corrected in the statewide voter
1414-17 registration database. If an applicant returns the notice
1415-18 described in subsection (g) but does not do so within 23 days
1416-19 after the mailing of the notice, then the applicant shall be
1417-20 registered to vote under the name and address contained in the
1418-21 dual-purpose application. If an applicant returns the notice
1419-22 described in subsection (g) declining to be registered or
1420-23 declining or correcting the update more than 23 days after the
1421-24 mailing of the notice, then the notice shall be processed as a
1422-25 request to cancel or update the applicant's registration.
1423-26 During the 23-day period specified in this subsection, an
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1434-1 applicant's voter registration or updated voter registration
1435-2 shall be in a pending status.
1436-3 (g-6) If an applicant under subsection (b) of Section
1437-4 1A-16.1 or subsection (b) of Section 1A-16.2 returns the
1438-5 notice indicating a language preference, the language
1439-6 preference shall be retained as part of the person's
1440-7 registration information.
1441-8 (h) The appropriate election authority shall ensure that
1442-9 any applicant whose voter registration application is not
1443-10 accepted or deemed incomplete is promptly sent written notice
1444-11 of the application's status. The notice required by this
1445-12 subsection may be sent or combined with other notices required
1446-13 or permitted by law, including, but not limited to, any
1447-14 notices sent pursuant to Section 1A-16.5 of this Code. Any
1448-15 notice required by this subsection (h) shall contain, at a
1449-16 minimum, the reason the application was not accepted or deemed
1450-17 incomplete and contact information for the appropriate
1451-18 election authority, including a phone number, address,
1452-19 electronic mail address, and website address.
1453-20 (i) If the Office of the Secretary of State or a designated
1454-21 automatic voter registration agency transfers information, or
1455-22 if the State Board of Elections creates and transmits a voter
1456-23 registration application, for a person who does not qualify as
1457-24 an eligible voter, then it shall not constitute a completed
1458-25 voter registration form, and the person shall not be
1459-26 considered to have registered to vote.
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1470-1 (j) If the registration is processed by any election
1471-2 authority, then it shall be presumed to have been effected and
1472-3 officially authorized by the State, and that person shall not
1473-4 be found on that basis to have made a false claim to
1474-5 citizenship or to have committed an act of moral turpitude,
1475-6 nor shall that person be subject to penalty under any relevant
1476-7 laws, including, but not limited to, Sections 29-10 and 29-19
1477-8 of this Code. This subsection (j) does not apply to a person
1478-9 who knows that he or she is not entitled to register to vote
1479-10 and who willfully votes, registers to vote, or attests under
1480-11 penalty of perjury that he or she is eligible to register to
1481-12 vote or willfully attempts to vote or to register to vote.
1482-13 (k) The State Board of Elections, the Office of the
1483-14 Secretary of State, and each designated automatic voter
1484-15 registration agency shall implement policies and procedures to
1485-16 protect the privacy and security of voter information as it is
1486-17 acquired, stored, and transmitted among agencies, including
1487-18 policies for the retention and preservation of voter
1488-19 information. Information designated as confidential under this
1489-20 Section may be recorded and shared among the State Board of
1490-21 Elections, election authorities, the Office of the Secretary
1491-22 of State, and designated automatic voter registration
1492-23 agencies, but shall be used only for voter registration
1493-24 purposes, shall not be disclosed to the public except in the
1494-25 aggregate as required by subsection (m) of this Section, and
1495-26 shall not be subject to the Freedom of Information Act. The
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1506-1 following information shall be designated as confidential:
1507-2 (1) any portion of an applicant's Social Security
1508-3 number;
1509-4 (2) any portion of an applicant's driver's license
1510-5 number or State identification number;
1511-6 (3) an applicant's decision to decline voter
1512-7 registration;
1513-8 (4) the identity of the person providing information
1514-9 relating to a specific applicant; and
1515-10 (5) the personal residence and contact information of
1516-11 any applicant for whom notice has been given by an
1517-12 appropriate legal authority; and .
1518-13 (6) the personal residence and contact information
1519-14 relating to an applicant who returns a notice described
1520-15 subsection (g) declining to register to vote that was
1521-16 received by the election authority within 23 days after
1522-17 mailing the notice or for whom the 23-day period has not
1523-18 passed.
1524-19 This subsection (k) shall not apply to information the
1525-20 State Board of Elections is required to share with the
1526-21 Electronic Registration Information Center.
1527-22 (l) The voter registration procedures implemented under
1528-23 this Section shall comport with the federal National Voter
1529-24 Registration Act of 1993, as amended, and shall specifically
1530-25 require that the State Board of Elections track registration
1531-26 data received through the online registration system that
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1542-1 originated from a designated automatic voter registration
1543-2 agency for the purposes of maintaining statistics.
1544-3 Nothing in this Code shall require designated voter
1545-4 registration agencies to transmit information that is
1546-5 confidential client information under State or federal law
1547-6 without the consent of the applicant.
1548-7 (m) The State Board of Elections, each election authority
1549-8 that maintains a website, the Office of the Secretary of
1550-9 State, and each designated automatic voter registration agency
1551-10 that maintains a website shall provide information on their
1552-11 websites informing the public about the new registration
1553-12 procedures described in this Section. The Office of the
1554-13 Secretary of State and each designated automatic voter
1555-14 registration agency shall display signage or provide
1556-15 literature for the public containing information about the new
1557-16 registration procedures described in this Section.
1558-17 (n) No later than 6 months after the effective date of this
1559-18 amendatory Act of the 100th General Assembly, the State Board
1560-19 of Elections shall hold at least one public hearing on
1561-20 implementing this amendatory Act of the 100th General Assembly
1562-21 at which the public may provide input.
1563-22 (o) The State Board of Elections shall submit an annual
1564-23 public report to the General Assembly and the Governor
1565-24 detailing the progress made to implement this Section. The
1566-25 report shall include all of the following: the number of
1567-26 records transferred under this Section by agency, the number
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1578-1 of voters newly added to the statewide voter registration list
1579-2 because of records transferred under this Section by agency,
1580-3 the number of updated registrations under this Section by
1581-4 agency, the number of persons who opted out of voter
1582-5 registration, and the number of voters who submitted voter
1583-6 registration forms using the online procedure described in
1584-7 Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
1585-8 may include less detail if election authorities are not
1586-9 equipped to provide complete information to the State Board of
1587-10 Elections. Any report produced under this subsection (o) shall
1588-11 exclude any information that identifies any individual
1589-12 personally.
1590-13 (p) The State Board of Elections, in consultation with
1591-14 election authorities, the Office of the Secretary of State,
1592-15 designated automatic voter registration agencies, and
1593-16 community organizations, shall adopt rules as necessary to
1594-17 implement the provisions of this Section.
1595-18 (q) The changes made to this Section by this amendatory
1596-19 Act of the 103rd General Assembly shall be implemented no
1597-20 later than January 1, 2026.
1598-21 (Source: P.A. 100-464, eff. 8-28-17.)
1599-22 (10 ILCS 5/1A-16.8)
1600-23 Sec. 1A-16.8. Automatic transfer of registration based
1601-24 upon information from the National Change of Address database
1602-25 and designated automatic voter registration agencies.
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1613-1 (a) The State Board of Elections shall cross-reference the
1614-2 statewide voter registration database against the United
1615-3 States Postal Service's National Change of Address database
1616-4 twice each calendar year, April 15 and October 1 in
1617-5 odd-numbered years and April 15 and December 1 in
1618-6 even-numbered years or with the same frequency as in
1619-7 subsection (b) of this Section, and shall share the findings
1620-8 with the election authorities.
1621-9 (b) In addition, beginning no later than September 1,
1622-10 2017, the State Board of Elections shall utilize data provided
1623-11 as part of its membership in the Electronic Registration
1624-12 Information Center in order to cross-reference the statewide
1625-13 voter registration database against databases of relevant
1626-14 personal information kept by designated automatic voter
1627-15 registration agencies, including, but not limited to, driver's
1628-16 license information kept by the Secretary of State, at least 6
1629-17 times each calendar year and shall share the findings with
1630-18 election authorities.
1631-19 This subsection (b) shall no longer apply once Sections
1632-20 1A-16.1 and 1A-16.2 of this Code are fully implemented as
1633-21 determined by the State Board of Elections. Upon a
1634-22 determination by the State Board of Elections of full
1635-23 implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
1636-24 the State Board of Elections shall file notice of full
1637-25 implementation and the inapplicability of this subsection (b)
1638-26 with the Index Department of the Office of the Secretary of
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1649-1 State, the Governor, the General Assembly, and the Legislative
1650-2 Reference Bureau.
1651-3 (b-5) The State Board of Elections shall not be required
1652-4 to share any data on any voter attained using the National
1653-5 Change of Address database under subsection (a) of this
1654-6 Section if that voter has a more recent government transaction
1655-7 indicated using the cross-reference under subsection (b) of
1656-8 this Section. If there is contradictory or unclear data
1657-9 between data obtained under subsections (a) and (b) of this
1658-10 Section, then data obtained under subsection (b) of this
1659-11 Section shall take priority.
1660-12 (c) An election authority shall automatically register any
1661-13 voter who has moved into its jurisdiction from another
1662-14 jurisdiction in Illinois or has moved within its jurisdiction
1663-15 provided that:
1664-16 (1) the election authority whose jurisdiction includes
1665-17 the new registration address provides the voter an
1666-18 opportunity to reject the change in registration address
1667-19 through a mailing, sent by non-forwardable mail, to the
1668-20 new registration address, and
1669-21 (2) when the election authority whose jurisdiction
1670-22 includes the previous registration address is a different
1671-23 election authority, then that election authority provides
1672-24 the same opportunity through a mailing, sent by
1673-25 forwardable mail, to the previous registration address.
1674-26 This change in registration shall trigger the same
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1685-1 inter-jurisdictional or intra-jurisdictional workflows as if
1686-2 the voter completed a new registration card, including the
1687-3 cancellation of the voter's previous registration. Should the
1688-4 registration of a voter be changed from one address to another
1689-5 within the State and should the voter appear at the polls and
1690-6 offer to vote from the prior registration address, attesting
1691-7 that the prior registration address is the true current
1692-8 address, the voter, if confirmed by the election authority as
1693-9 having been registered at the prior registration address and
1694-10 canceled only by the process authorized by this Section, shall
1695-11 be issued a regular ballot, and the change of registration
1696-12 address shall be canceled. If the election authority is unable
1697-13 to immediately confirm the registration, the voter shall be
1698-14 permitted to register and vote a regular ballot, provided that
1699-15 he or she meets the documentary requirements for same-day
1700-16 registration. If the election authority is unable to confirm
1701-17 the registration and the voter does not meet the requirements
1702-18 for same-day registration, the voter shall be issued a
1703-19 provisional ballot.
1704-20 (c-5) An agency that does not receive documentation that
1705-21 an applicant is a United States citizen, as described in
1706-22 subsection (g) of Section 1A-16.1, may enter into an agreement
1707-23 with the State Board of Elections to transmit information that
1708-24 shall serve only to update an applicant's existing voter
1709-25 registration record. Under the agreement, the agency shall
1710-26 transmit information on all clients who may be registered to
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1721-1 vote with a clear indication that the information shall be
1722-2 used only for updates. The State Board of Elections shall
1723-3 determine which applicants are already registered to vote and,
1724-4 for any voter whose information provided to the agency differs
1725-5 from that on the voter registration record, provide that
1726-6 information to the voter's local election authority who shall
1727-7 update a registered voter's records in accordance with the
1728-8 procedures described in Section 1A-16.7. The State Board of
1729-9 Election and local election authority shall take no action
1730-10 under this subsection for any applicant not already registered
1731-11 to vote.
1732-12 This subsection shall be implemented no later than January
1733-13 1, 2026.
1734-14 (d) No voter shall be disqualified from voting due to an
1735-15 error relating to an update of registration under this
1736-16 Section.
1737-17 (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
1738-18 Section 10. The Illinois Vehicle Code is amended by
1739-19 changing Section 2-105 as follows:
1740-20 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
1741-21 Sec. 2-105. Offices of Secretary of State.
1742-22 (a) The Secretary of State shall maintain offices in the
1743-23 State capital and in such other places in the State as he may
1744-24 deem necessary to properly carry out the powers and duties
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1755-1 vested in him.
1756-2 (b) The Secretary of State may construct and equip one or
1757-3 more buildings in the State of Illinois outside of the County
1758-4 of Sangamon as he deems necessary to properly carry out the
1759-5 powers and duties vested in him. The Secretary of State may, on
1760-6 behalf of the State of Illinois, acquire public or private
1761-7 property needed therefor by lease, purchase or eminent domain.
1762-8 The care, custody and control of such sites and buildings
1763-9 constructed thereon shall be vested in the Secretary of State.
1764-10 Expenditures for the construction and equipping of any of such
1765-11 buildings upon premises owned by another public entity shall
1766-12 not be subject to the provisions of any State law requiring
1767-13 that the State be vested with absolute fee title to the
1768-14 premises. The exercise of the authority vested in the
1769-15 Secretary of State by this Section is subject to the
1770-16 appropriation of the necessary funds.
1771-17 (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
1772-18 the Election Code, the Secretary of State shall make driver
1773-19 services facilities available for use as places of accepting
1774-20 applications for voter registration.
1775-21 (d) (Blank).
1776-22 (e) Each applicant person applying at a driver services
1777-23 facility for a driver's license or permit, a corrected
1778-24 driver's license or permit, an Illinois Identification Card
1779-25 identification card or a corrected Illinois Identification
1780-26 Card who has presented documentation establishing United
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1791-1 States citizenship as set forth in subsection (g) of Section
1792-2 1A-16.1 of the Election Code identification card shall be
1793-3 notified, under the procedures set forth in Sections 1A-16.1
1794-4 and 1A-16.7 of the Election Code, that the applicant's unless
1795-5 he or she affirmatively declines, his or her personal
1796-6 information shall be transferred to the State Board of
1797-7 Elections for the purpose of creating an electronic voter
1798-8 registration application. Each applicant applying at a driver
1799-9 services facility for a driver's license or permit, a
1800-10 corrected driver's license or permit or a State identification
1801-11 card or a corrected Illinois Identification Card who presented
1802-12 documentation that neither establishes that the applicant is a
1803-13 United States citizen nor establishes that the applicant is
1804-14 not a United States citizen, but who affirmatively indicated
1805-15 they wished to apply to register to vote and attested, in
1806-16 writing, to United States citizenship, shall be notified,
1807-17 under the procedures set forth in Sections 1A-16.1 and 1A-16.7
1808-18 of the Election Code that the applicant's personal information
1809-19 will be transmitted to the State Board of Elections for the
1810-20 purpose of creating an electronic voter registration
1811-21 application. Such notification may be made in writing or
1812-22 verbally issued by an employee or the Secretary of State.
1813-23 The Secretary of State shall promulgate such rules as may
1814-24 be necessary for the efficient execution of his duties and the
1815-25 duties of his employees under this Section.
1816-26 (f) Any person applying at a driver services facility for
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1827-1 issuance or renewal of a driver's license or Illinois
1828-2 Identification Card shall be provided, without charge, with a
1829-3 brochure warning the person of the dangers of financial
1830-4 identity theft. The Department of Financial and Professional
1831-5 Regulation shall prepare these brochures and provide them to
1832-6 the Secretary of State for distribution. The brochures shall
1833-7 (i) identify signs warning the reader that he or she might be
1834-8 an intended victim of the crime of financial identity theft,
1835-9 (ii) instruct the reader in how to proceed if the reader
1836-10 believes that he or she is the victim of the crime of identity
1837-11 theft, and (iii) provide the reader with names and telephone
1838-12 numbers of law enforcement and other governmental agencies
1839-13 that provide assistance to victims of financial identity
1840-14 theft.
1841-15 (g) (Blank). The changes made by this amendatory Act of
1842-16 the 100th General Assembly shall be implemented no later than
1843-17 July 1, 2018.
1844-18 (h) The changes made to this Section by this amendatory
1845-19 Act of the 103rd General Assembly shall be implemented no
1846-20 later than January 1, 2026.
1847-21 (Source: P.A. 100-464, eff. 8-28-17.)
1848-22 Section 95. No acceleration or delay. Where this Act makes
1849-23 changes in a statute that is represented in this Act by text
1850-24 that is not yet or no longer in effect (for example, a Section
1851-25 represented by multiple versions), the use of that text does
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1862-1 not accelerate or delay the taking effect of (i) the changes
1863-2 made by this Act or (ii) provisions derived from any other
1864-3 Public Act.
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