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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding
6 Section 1A-16.3 as follows:
7 (10 ILCS 5/1A-16.1)
8 (Text of Section before amendment by P.A. 103-210)
9 Sec. 1A-16.1. Automatic voter registration; Secretary of
10 State.
11 (a) The Office of the Secretary of State and the State
12 Board of Elections, pursuant to an interagency contract and
13 jointly adopted jointly-adopted rules, shall establish an
14 automatic voter registration program that satisfies the
15 requirements of this Section and other applicable law.
16 (b) If, as part of an application, an application for
17 renewal, or a change of address form, or a recertification
18 form for a driver's license, other than a temporary visitor's
19 driver's license, or a State identification card issued by the
20 Office of the Secretary of State, an applicant presents
21 documentation that establishes that the applicant is a United
22 States citizen, as described in subsection (g), and is of age
23 to register to vote or if the information provided to the
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1 Office of the Secretary of State under subsection (c)
2 indicates that the applicant is currently registered to vote
3 in Illinois and, upon reviewing the documents and information
4 submitted by the applicant, the Office of the Secretary of
5 State determines that the name or residence address
6 documentation submitted by the applicant differs from the
7 information regarding the applicant provided under subsection
8 (c) meets the requirements of the federal REAL ID Act of 2005,
9 then that application shall serve as a dual-purpose
10 application, unless the applicant declines in accordance with
11 subsection (g) of Section 1A-16.7. The dual-purpose
12 application shall:
13 (1) also serve as an application to register to vote
14 in Illinois;
15 (2) allow an applicant to change the applicant's his
16 or her registered residence address or name as it appears
17 on the voter registration rolls;
18 (3) in a single affirmation, including the affirmation
19 required for a driver's license or State identification
20 card, allow the applicant to affirm, under penalty of
21 perjury, to the truth and correctness of the information
22 submitted in the dual-purpose application that is
23 necessary to assess the applicant's eligibility to
24 register to vote or to change the applicant's registered
25 residence address or name as it appears on the voter
26 registration rolls provide the applicant with an
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1 opportunity to affirmatively decline to register to vote
2 or to change his or her registered residence address or
3 name by providing a check box on the application form
4 without requiring the applicant to state the reason; and
5 (4) allow the applicant to notify the Office of the
6 Secretary of State of the applicant's preferred language
7 unless the applicant declines to register to vote or
8 change his or her registered residence address or name,
9 require the applicant to attest, by signature under
10 penalty of perjury as described in subsection (e) of this
11 Section, to meeting the qualifications to register to vote
12 in Illinois at his or her residence address as indicated
13 on his or her driver's license or identification card
14 dual-purpose application.
15 The Office of the Secretary of State shall record the type
16 of documents presented by the applicant that establishes the
17 applicant is a United States citizen as described in
18 subsection (g) and shall enter United States citizenship in a
19 designated field. Based on the entry of United States
20 citizenship in the designated field, the Office of the
21 Secretary of State shall initiate a dual-purpose application
22 through an automated process that is not subject to the
23 discretion of individual employees of the Office of the
24 Secretary of State.
25 (b-5) If, as part of an application, an application for
26 renewal, or a change of address form, or a recertification
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1 form for a driver's license, other than a temporary visitor's
2 driver's license, or a State identification card issued by the
3 Office of the Secretary of State, other than an application or
4 form that pertains to a standard driver's license or
5 identification card for an applicant who does not have and is
6 not eligible for a social security number, an applicant
7 presents documentation that neither establishes that the
8 applicant is a United States citizen nor establishes that the
9 applicant is not a United States citizen and the information
10 provided to the Office of the Secretary of State under
11 subsection (c) does not indicate that the applicant is
12 currently registered to vote in Illinois does not meet the
13 requirements of the federal REAL ID Act of 2005, then that
14 application shall serve as a dual-purpose application. The
15 dual-purpose application that, shall: (1) also serve as an
16 application to register to vote in Illinois; (2) allow an
17 applicant to change his or her registered residence address or
18 name as it appears on the voter registration rolls; and (3) if
19 the applicant chooses to register to vote, shall also serve as
20 an application to register to vote in Illinois. If the
21 applicant chooses to register to vote, the applicant shall be
22 required or to change his or her registered residence address
23 or name, then require the applicant to attest, by a separate
24 signature under penalty of perjury, to meeting the
25 qualifications to register to vote in Illinois at the
26 applicant's his or her residence address as indicated on the
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1 his or her dual-purpose application. The dual-purpose
2 application shall allow the applicant to notify the Office of
3 the Secretary of State of the applicant's preferred language.
4 (b-8) If an applicant presents to the Secretary of State
5 documentation that establishes the applicant is not a United
6 States citizen, no application submitted by that applicant
7 shall serve as a dual-purpose application under this Section.
8 (b-10) Before asking any applicant described in subsection
9 (b) to provide the written affirmation described in that
10 subsection, the The Office of the Secretary of State shall
11 clearly and conspicuously inform each applicant in writing:
12 (i) of the qualifications to register to vote in Illinois; ,
13 (ii) of the penalties provided by law for submission of a false
14 voter registration application, including the
15 immigration-related consequences of incorrectly claiming
16 United States citizenship and of the applicant's opportunity
17 not to proceed in order to avoid the penalties; and (iii) that
18 the , unless the applicant declines to register to vote or
19 update his or her voter registration, his or her dual-purpose
20 application shall also serve as both an application to
21 register to vote and his or her attestation that he or she
22 meets the eligibility requirements for voter registration, and
23 that the his or her application to register to vote or update
24 voter his or her registration will be transmitted to the State
25 Board of Elections for the purpose of registering the person
26 to vote at the residence address to be indicated on the
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1 applicant's his or her driver's license or identification
2 card, and (iv) that declining to register to vote is
3 confidential and will not affect any services the person may
4 be seeking from the Office of the Secretary of State.
5 The Office of the Secretary of State may provide
6 additional instructions specific to applicants under
7 subsection (b).
8 (b-15) Before asking any applicant described in subsection
9 (b-5) to provide the attestation described in that subsection,
10 the Office of the Secretary of State shall clearly and
11 conspicuously inform each applicant in writing: (i) of the
12 qualifications to register to vote in Illinois; (ii) of the
13 penalties provided by law for submission of a false voter
14 registration application, including the immigration-related
15 consequences of incorrectly claiming United States citizenship
16 and of the applicant's opportunity to withdraw an application
17 to avoid the penalties; (iii) that the application shall also
18 serve as an application to register to vote and that the
19 application to register to vote or update voter registration
20 will be transmitted to the State Board of Elections for the
21 purpose of registering the person to vote at the residence
22 address to be indicated on the applicant's driver's license or
23 identification card, unless the applicant withdraws the
24 application or declines to register to vote or update the
25 applicant's voter registration; and (iv) that declining to
26 register to vote or withdrawing a voter application is
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1 confidential and will not affect any services the person may
2 be seeking from the Office of the Secretary of State. The
3 Office of the Secretary of State may provide additional
4 instructions specific to applicants under subsection (b-5).
5 (c) The Office of the Secretary of State shall review
6 information provided to the Office of the Secretary of State
7 by the State Board of Elections to determine inform each
8 applicant for a driver's license or permit, other than a
9 temporary visitor's driver's license, or a State
10 identification card issued by the Office of the Secretary of
11 State whether each the applicant under subsections (b) and
12 (b-5) is currently registered to vote in Illinois and, if
13 registered, at what address, and shall inform each applicant
14 described in subsection (b-5) for a driver's license or permit
15 or State identification card issued by the Office of the
16 Secretary of State whether the applicant is currently
17 registered and, if registered, at what address.
18 (d) The Office of the Secretary of State shall not require
19 an applicant for a driver's license or State identification
20 card to provide duplicate identification or information in
21 order to complete an application to register to vote or change
22 his or her registered residence address or name. Before
23 transmitting any personal information about an applicant to
24 the State Board of Elections, the Office of the Secretary of
25 State shall review its records of the identification documents
26 the applicant provided in order to complete the application
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1 for a driver's license or State identification card, to
2 confirm that nothing in those documents indicates that the
3 applicant does not satisfy the qualifications to register to
4 vote in Illinois at his or her residence address. If the
5 applicant provides the Office of the Secretary of State with
6 an address designated by the Attorney General as a substitute
7 mailing address under Section 15 of the Address
8 Confidentiality for Victims of Domestic Violence, Sexual
9 Assault, Human Trafficking, or Stalking Act or is a judicial
10 officer of peace officer who provides the Office of the
11 Secretary of State with a work address instead of a residence
12 address, as authorized by subsection (a) of Section 6-106 of
13 the Illinois Vehicle Code, the applicant shall not be offered
14 voter registration by the Office of the Secretary of State.
15 (e) A completed, signed application for (i) a driver's
16 license or permit, other than a temporary visitor's driver's
17 license, or a State identification card issued by the Office
18 of the Secretary of State that includes the presentation of
19 documentation that establishes that the applicant is a United
20 States citizen and is of age to register to vote or for which
21 the information provided to the Office of the Secretary of
22 State under subsection (c) indicates that the applicant is
23 currently registered to vote in Illinois , that meets the
24 requirements of the federal REAL ID Act of 2005; or (ii) a
25 completed application under subsection (b-5) of this Section
26 with a separate signature attesting the applicant meets the
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1 qualifications to register to vote in Illinois at his or her
2 residence address as indicated on his or her application shall
3 constitute a signed application to register to vote in
4 Illinois at the residence address indicated in the application
5 unless the person affirmatively declined in the application to
6 register to vote or to change his or her registered residence
7 address or name. If the identification documents provided to
8 complete the dual-purpose application indicate that the
9 applicant he or she does not satisfy the qualifications to
10 register to vote in Illinois at the specified his or her
11 residence address, the application shall be marked as
12 incomplete.
13 (f) For each completed and signed application that
14 constitutes an application to register to vote in Illinois or
15 provides for a change in the applicant's registered residence
16 address or name, the Office of the Secretary of State shall
17 electronically transmit to the State Board of Elections
18 personal information needed to complete the person's
19 registration to vote in Illinois at the specified his or her
20 residence address, including the applicant's choice language
21 preference as indicated by the applicant or as otherwise
22 collected by the Office of the Secretary of State during the
23 permitting, licensing, or identification card transaction. The
24 application to register to vote shall be processed in
25 accordance with Section 1A-16.7.
26 (g) Documentation that establishes that the applicant is a
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1 United States citizen shall include:
2 (1) a valid, unexpired United States passport or
3 passport card or a United States passport or passport card
4 that has been expired for no more than 2 years;
5 (2) a certified copy of a birth certificate filed with
6 the Division of Vital Records or an equivalent agency in
7 the individual's state of birth;
8 (3) a Consular Report of Birth Abroad issued by the
9 United States Department of State, Form FS-240, DS-1350,
10 or FS-545; and
11 (4) a Certificate of Citizenship issued by the United
12 States Department of Homeland Security, Form N-560 or form
13 N-561. If the federal REAL ID Act of 2005 is repealed,
14 abrogated, superseded, or otherwise no longer in effect,
15 then the State Board of Elections shall establish criteria
16 for determining reliable personal information indicating
17 citizenship status and shall adopt rules as necessary for
18 the Secretary of State to continue processing dual-purpose
19 applications under this Section.
20 (h) As used in this Section, "dual-purpose application"
21 means an application, an application for renewal or , a change
22 of address form, or a recertification form for driver's
23 license or permit, other than a temporary visitor's driver's
24 license, or a State identification card offered by the
25 Secretary of State that also serves as an application to
26 register to vote in Illinois. "Dual-purpose application" does
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1 not mean an application under subsection (c) of Section 6-109
2 of the Illinois Vehicle Code.
3 (i) The changes made to this Section by this amendatory
4 Act of the 103rd General Assembly shall be implemented no
5 later than January 1, 2026.
6 (Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
7 (Text of Section after amendment by P.A. 103-210)
8 Sec. 1A-16.1. Automatic voter registration; Secretary of
9 State.
10 (a) The Office of the Secretary of State and the State
11 Board of Elections, pursuant to an interagency contract and
12 jointly adopted jointly-adopted rules, shall establish an
13 automatic voter registration program that satisfies the
14 requirements of this Section and other applicable law.
15 (b) If, as part of an application, an application for
16 renewal, or a change of address form, or a recertification
17 form for a driver's license or a State identification card
18 issued by the Office of the Secretary of State, an applicant
19 presents documentation that establishes that the applicant is
20 a United States citizen, as described in subsection (g), and
21 is of age to register to vote or if the information provided to
22 the Office of the Secretary of State under subsection (c)
23 indicates that the applicant is currently registered to vote
24 in Illinois and, upon reviewing the documents and information
25 submitted by the applicant, the Office of the Secretary of
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1 State determines that the name or residence address
2 documentation submitted by the applicant differs from the
3 information regarding the applicant provided under subsection
4 (c) meets the requirements of the federal REAL ID Act of 2005,
5 then that application shall serve as a dual-purpose
6 application, unless the applicant declines in accordance with
7 subsection (g) of Section 1A-16.7. The dual-purpose
8 application shall:
9 (1) also serve as an application to register to vote
10 in Illinois;
11 (2) allow an applicant to change the applicant's his
12 or her registered residence address or name as it appears
13 on the voter registration rolls;
14 (3) in a single affirmation, including the affirmation
15 required for a driver's license or State identification
16 card, allow the applicant to affirm, under penalty of
17 perjury, to the truth and correctness of the information
18 submitted in the dual-purpose application that is
19 necessary to assess the applicant's eligibility to
20 register to vote or to change the applicant's registered
21 residence address or name as it appears on the voter
22 registration rolls provide the applicant with an
23 opportunity to affirmatively decline to register to vote
24 or to change his or her registered residence address or
25 name by providing a check box on the application form
26 without requiring the applicant to state the reason; and
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1 (4) allow the applicant to notify the Office of the
2 Secretary of State of the applicant's preferred language
3 unless the applicant declines to register to vote or
4 change his or her registered residence address or name,
5 require the applicant to attest, by signature under
6 penalty of perjury as described in subsection (e) of this
7 Section, to meeting the qualifications to register to vote
8 in Illinois at his or her residence address as indicated
9 on his or her driver's license or identification card
10 dual-purpose application.
11 The Office of the Secretary of State shall record the type
12 of documents presented by the applicant that establishes the
13 applicant is a United States citizen as described in
14 subsection (g) and shall enter United States citizenship in a
15 designated field. Based on the entry of United States
16 citizenship in the designated field, the Office of the
17 Secretary of State shall initiate a dual-purpose application
18 through an automated process that is not subject to the
19 discretion of individual employees of the Office of the
20 Secretary of State.
21 (b-5) If, as part of an application, an application for
22 renewal, or a change of address form, or a recertification
23 form for a driver's license or a State identification card
24 issued by the Office of the Secretary of State, other than an
25 application or form that pertains to a standard driver's
26 license or identification card for an applicant who does not
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1 have and is not eligible for and does not list a social
2 security number, an applicant presents documentation that
3 neither establishes that the applicant is a United States
4 citizen nor establishes that the applicant is not a United
5 States citizen and the information provided to the Office of
6 the Secretary of State under subsection (c) does not indicate
7 that the applicant is currently registered to vote in Illinois
8 for the applicant, does not meet the requirements of the
9 federal REAL ID Act of 2005, then that application shall serve
10 as a dual-purpose application. The dual-purpose application
11 that, shall: (1) also serve as an application to register to
12 vote in Illinois; (2) allow an applicant to change his or her
13 registered residence address or name as it appears on the
14 voter registration rolls; and (3) if the applicant chooses to
15 register to vote, shall also serve as an application to
16 register to vote in Illinois. If the applicant chooses to
17 register to vote, the applicant shall be required or to change
18 his or her registered residence address or name, then require
19 the applicant to attest, by a separate signature under penalty
20 of perjury, to meeting the qualifications to register to vote
21 in Illinois at the applicant's his or her residence address as
22 indicated on the his or her dual-purpose application.
23 The dual-purpose application shall allow the applicant to
24 notify the Office of the Secretary of State of the applicant's
25 preferred language.
26 (b-8) If an applicant presents to the Secretary of State
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1 documentation that establishes the applicant is not a United
2 States citizen, no application submitted by that applicant
3 shall serve as a dual-purpose application under this Section.
4 (b-10) Before asking any applicant described in subsection
5 (b) to provide the written affirmation described in that
6 subsection, the The Office of the Secretary of State shall
7 clearly and conspicuously inform each applicant in writing:
8 (i) of the qualifications to register to vote in Illinois; ,
9 (ii) of the penalties provided by law for submission of a false
10 voter registration application, including the
11 immigration-related consequences of incorrectly claiming
12 United States citizenship and of the applicant's opportunity
13 not to proceed in order to avoid the penalties; and , (iii) that
14 the , unless the applicant declines to register to vote or
15 update his or her voter registration, his or her dual-purpose
16 application shall also serve as both an application to
17 register to vote and his or her attestation that he or she
18 meets the eligibility requirements for voter registration, and
19 that the his or her application to register to vote or update
20 voter his or her registration will be transmitted to the State
21 Board of Elections for the purpose of registering the person
22 to vote at the residence address to be indicated on the
23 applicant's his or her driver's license or identification
24 card, and (iv) that declining to register to vote is
25 confidential and will not affect any services the person may
26 be seeking from the Office of the Secretary of State. The
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1 Office of the Secretary of State may provide additional
2 instructions specific to applicants under subsection (b).
3 (b-15) Before asking any applicant described in subsection
4 (b-5) to provide the attestation described in that subsection,
5 the Office of the Secretary of State shall clearly and
6 conspicuously inform each applicant in writing: (i) of the
7 qualifications to register to vote in Illinois; (ii) of the
8 penalties provided by law for submission of a false voter
9 registration application, including the immigration-related
10 consequences of incorrectly claiming United States citizenship
11 and of the applicant's opportunity to withdraw an application
12 to avoid the penalties; (iii) that the application shall also
13 serve as an application to register to vote and that the
14 application to register to vote or update voter registration
15 will be transmitted to the State Board of Elections for the
16 purpose of registering the person to vote at the residence
17 address to be indicated on the applicant's driver's license or
18 identification card, unless the applicant withdraws the
19 application or declines to register to vote or update the
20 applicant's voter registration; and (iv) that declining to
21 register to vote or withdrawing a voter application is
22 confidential and will not affect any services the person may
23 be seeking from the Office of the Secretary of State. The
24 Office of the Secretary of State may provide additional
25 instructions specific to applicants under subsection (b-5).
26 (c) The Office of the Secretary of State shall review
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1 information provided to the Office of the Secretary of State
2 by the State Board of Elections to determine whether each
3 inform each applicant for a driver's license or permit or a
4 State identification card issued by the Office of the
5 Secretary of State, other than an application or form that
6 pertains to a standard driver's license or identification card
7 and does not list a social security number for the applicant,
8 whether the applicant under subsections (b) and (b-5) is
9 currently registered to vote in Illinois and, if registered,
10 at what address, and shall inform each applicant described in
11 subsection (b-5) for a driver's license or permit or State
12 identification card issued by the Office of the Secretary of
13 State whether the applicant is currently registered and, if
14 registered, at what address.
15 (d) The Office of the Secretary of State shall not require
16 an applicant for a driver's license or State identification
17 card to provide duplicate identification or information in
18 order to complete an application to register to vote or change
19 his or her registered residence address or name. Before
20 transmitting any personal information about an applicant to
21 the State Board of Elections, the Office of the Secretary of
22 State shall review its records of the identification documents
23 the applicant provided in order to complete the application
24 for a driver's license or State identification card, to
25 confirm that nothing in those documents indicates that the
26 applicant does not satisfy the qualifications to register to
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1 vote in Illinois at his or her residence address. If the
2 applicant provides the Office of the Secretary of State with
3 an address designated by the Attorney General as a substitute
4 mailing address under Section 15 of the Address
5 Confidentiality for Victims of Domestic Violence, Sexual
6 Assault, Human Trafficking, or Stalking Act or is a judicial
7 officer of peace officer who provides the Office of the
8 Secretary of State with a work address instead of a residence
9 address, as authorized by subsection (a) of Section 6-106 of
10 the Illinois Vehicle Code, the applicant shall not be offered
11 voter registration by the Office of the Secretary of State.
12 (e) A completed, signed application for (i) a driver's
13 license or permit or a State identification card issued by the
14 Office of the Secretary of State that includes the
15 presentation of documentation that establishes that the
16 applicant is a United States citizen and is of age to register
17 to vote or for which the information provided to the Office of
18 the Secretary of State under subsection (c) indicates that the
19 applicant is currently registered to vote in Illinois , that
20 meets the requirements of the federal REAL ID Act of 2005; or
21 (ii) a completed application under subsection (b-5) of this
22 Section with a separate signature attesting the applicant
23 meets the qualifications to register to vote in Illinois at
24 his or her residence address as indicated on his or her
25 application shall constitute a signed application to register
26 to vote in Illinois at the residence address indicated in the
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1 application unless the person affirmatively declined in the
2 application to register to vote or to change his or her
3 registered residence address or name. If the identification
4 documents provided to complete the dual-purpose application
5 indicate that the applicant he or she does not satisfy the
6 qualifications to register to vote in Illinois at the
7 specified his or her residence address, the application shall
8 be marked as incomplete.
9 (f) For each completed and signed application that
10 constitutes an application to register to vote in Illinois or
11 provides for a change in the applicant's registered residence
12 address or name, the Office of the Secretary of State shall
13 electronically transmit to the State Board of Elections
14 personal information needed to complete the person's
15 registration to vote in Illinois at the specified his or her
16 residence address, including the applicant's choice language
17 preference as indicated by the applicant or as otherwise
18 collected by the Office of the Secretary of State during the
19 permitting, licensing, or identification card transaction. The
20 application to register to vote shall be processed in
21 accordance with Section 1A-16.7.
22 (g) Documentation that establishes that the applicant is a
23 United States citizen shall include:
24 (1) a valid, unexpired United States passport or
25 passport card or a United States passport or passport card
26 that has been expired for no more than 2 years;
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1 (2) a certified copy of a birth certificate filed with
2 the Division of Vital Records or an equivalent agency in
3 the individual's state of birth;
4 (3) a Consular Report of Birth Abroad issued by the
5 United States Department of State, Form FS-240, DS-1350,
6 or FS-545; and
7 (4) a Certificate of Citizenship issued by the United
8 States Department of Homeland Security, Form N-560 or form
9 N-561. If the federal REAL ID Act of 2005 is repealed,
10 abrogated, superseded, or otherwise no longer in effect,
11 then the State Board of Elections shall establish criteria
12 for determining reliable personal information indicating
13 citizenship status and shall adopt rules as necessary for
14 the Secretary of State to continue processing dual-purpose
15 applications under this Section.
16 (h) As used in this Section, "dual-purpose application"
17 means an application, an application for renewal or , a change
18 of address form, or a recertification form for driver's
19 license or permit or a State identification card offered by
20 the Secretary of State, other than an application or form that
21 pertains to a standard driver's license or identification card
22 for an applicant who does not have and is not eligible for, a
23 social security number and does not list a social security
24 number for the applicant, that also serves as an application
25 to register to vote in Illinois. "Dual-purpose application"
26 does not mean an application under subsection (c) of Section
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1 6-109 of the Illinois Vehicle Code.
2 (i) The changes made to this Section by this amendatory
3 Act of the 103rd General Assembly shall be implemented no
4 later than January 1, 2026.
5 (Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
6 (10 ILCS 5/1A-16.2)
7 Sec. 1A-16.2. Automatic voter registration; designated
8 automatic voter registration agencies.
9 (a) Each designated automatic voter registration agency
10 shall, pursuant to an interagency contract and jointly adopted
11 jointly-adopted rules with the State Board of Elections, agree
12 to participate in an automatic voter registration program
13 established by the State Board of Elections that satisfies the
14 requirements of this Section and other applicable law. If the
15 designated automatic voter registration agency provides
16 applications, applications for renewal, change of address
17 forms, filing, or recertification forms to individuals for
18 services offered by another agency, then the State Board of
19 Elections and the designated automatic voter agency shall
20 consult with the other agency. The State Board of Elections
21 shall consider the current technological capabilities of the
22 designated voter registration agency when drafting interagency
23 contracts and jointly adopted jointly-adopted rules. The State
24 Board of Elections and the designated automatic voter
25 registration agency shall amend these contracts and rules as
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1 the technological capabilities of the designated voter
2 registration agencies improve.
3 (b) As provided in subsection (a) of this Section, when
4 each designated automatic voter registration agency provides
5 that collects or cross-references reliable personal
6 information indicating citizenship status may provide that an
7 application or form for a license, permit, program, or service
8 described in subsection (a) that, as part of the application
9 or form, the applicant presents documentation that establishes
10 that the applicant is a United States citizen as described in
11 subsection (g) of Section 1A-16.1, the application or form
12 shall serve as a dual-purpose application, unless the
13 applicant declines in accordance with subsection (g) of
14 Section 1A-16.7. The dual-purpose application shall:
15 (1) also serve as an application to register to vote
16 in Illinois;
17 (2) allow an applicant to change the applicant's his
18 or her registered residence address or name as it appears
19 on the voter registration rolls;
20 (3) in a single affirmation including the affirmation
21 required for the designated automatic voter registration
22 agency's application, allow the applicant to affirm, under
23 penalty of perjury, to the truth and correctness of
24 information submitted in the dual-purpose application that
25 is necessary to assess the applicant's eligibility to
26 register to vote or to change the applicant's registered
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1 residence address or name as it appears on the voter
2 registration rolls provide the applicant with an
3 opportunity to affirmatively decline to register to vote
4 or change his or her registered residence address or name
5 by providing a check box on the application form without
6 requiring the applicant to state the reason; and
7 (4) allow the applicant to notify the agency of the
8 applicant's preferred language unless the applicant
9 declines to register to vote or to change his or her
10 registered residence address or name, require the
11 applicant to attest, by signature under penalty of
12 perjury, to meeting the qualifications to register to vote
13 in Illinois at his or her residence address as indicated
14 on his or her dual-purpose application.
15 The agency shall record the type of document presented by
16 the applicant that establishes that the applicant is a United
17 States citizen as described in subsection (g) of Section
18 1A-16.1.
19 (c) As provided in subsection (a) of this Section, when
20 each designated automatic voter registration agency provides
21 that does not collect or cross-reference records containing
22 reliable personal information indicating citizenship status
23 may provide that an application or , an application for
24 renewal, a change of address form, or a recertification form
25 for a license, permit, program, or service described in
26 subsection (a) that, as part of the application of form, the
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1 applicant presents documentation that neither establishes that
2 the applicant is a United States citizen nor establishes that
3 the applicant is not a United States citizen, the application
4 or form shall serve as a dual-purpose application if the
5 applicant chooses to register to vote. The dual-purpose
6 application shall:
7 (1) also serve as an application to register to vote
8 in Illinois;
9 (2) allow an applicant to change his or her registered
10 residence address or name as it appears on the voter
11 registration rolls; and
12 (3) if the applicant chooses to register to vote or to
13 change the applicant's his or her registered residence
14 address or name, then require the applicant to attest, by
15 a separate signature under penalty of perjury, to meeting
16 the qualifications to register to vote in Illinois at his
17 or her residence address as indicated on his or her
18 dual-purpose application; and .
19 (4) allow the applicant to notify the agency of the
20 applicant's preferred language.
21 (c-1) If an applicant presents documentation to the
22 designated automatic voter registration agency that
23 establishes that the applicant is not a United States citizen
24 or the applicant attests that the applicant is not a United
25 States citizen, no application submitted by that applicant
26 shall serve as a dual-purpose application under this Section.
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1 (c-5) Before asking any applicant described in subsection
2 (b) of this Section to provide the affirmation described in
3 that subsection, the The designated automatic voter
4 registration agency shall clearly and conspicuously inform
5 each applicant in writing: (i) of the qualifications to
6 register to vote in Illinois; , (ii) of the penalties provided
7 by law for submission of a false voter registration
8 application, including the immigration-related consequences of
9 incorrectly claiming United States citizenship and of the
10 applicant's opportunity not to proceed in order to avoid the
11 penalties; (iii) that the application shall serve as an
12 application to register to vote or change the applicant's
13 voter registration, and that the application , unless the
14 applicant declines to register to vote or update his or her
15 voter registration, his or her application shall also serve as
16 both an application to register to vote and his or her
17 attestation that he or she meets the eligibility requirements
18 for voter registration, and that his or her application to
19 register to vote or update his or her registration will be
20 transmitted to the State Board of Elections for the purpose of
21 registering the person to vote at the residence address to be
22 indicated on the dual-purpose application; , (iv) that
23 information identifying the agency at which he or she applied
24 to register to vote is confidential; , (v) that declining to
25 register to vote is confidential and will not affect any
26 services the person may be seeking from the agency, and (v)
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1 (vi) any additional information needed in order to comply with
2 Section 7 of the federal National Voter Registration Act of
3 1993. The designated automatic voter registration agency may
4 provide additional instructions specific to applicants under
5 subsection (b).
6 (c-10) Before asking any applicant described in subsection
7 (c) to provide the attestation described in that subsection,
8 the designated automatic voter registration agency shall
9 clearly and conspicuously inform each applicant in writing:
10 (i) of the qualifications to register to vote in Illinois;
11 (ii) of the penalties provided by law for submission of a false
12 voter registration application, including the
13 immigration-related consequences of incorrectly claiming
14 United States citizenship, and of the applicant's opportunity
15 to withdraw an application to avoid the penalties; (iii) that
16 the application shall also serve as an application to register
17 to vote or update the applicant's voter registration and that
18 the application to register to vote or update voter
19 registration will be transmitted to the State Board of
20 Elections for the purpose of registering the person to vote at
21 the residence address to be indicated on the dual-purpose
22 application, unless the applicant withdraws the application or
23 declines to register to vote or update the applicant's voter
24 registration; (iv) that information identifying the agency at
25 which the applicant applied to register to vote is
26 confidential; (v) that withdrawing a voter registration
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1 application or otherwise declining to register to vote is
2 confidential and will not affect any services the person may
3 be seeking from the agency; and (vi) any additional
4 information needed in order to comply with Section 7 of the
5 federal National Voter Registration Act of 1993. The
6 designated automatic voter registration agency may provide
7 additional instructions specific to applicants under
8 subsection (c).
9 (d) The designated automatic voter registration agency
10 shall review information provided to the agency by the State
11 Board of Elections to inform each applicant covered by
12 subsection (c) whether the applicant is currently registered
13 to vote in Illinois and, if registered, at what address.
14 (e) The designated automatic voter registration agency
15 shall not require an applicant for a dual-purpose application
16 to provide duplicate identification or information in order to
17 complete an application to register to vote or change the
18 applicant's his or her registered residence address or name.
19 Before transmitting any personal information about an
20 applicant to the State Board of Elections, the agency shall
21 review its records of the identification documents the
22 applicant provided or that the agency cross-references in
23 order to complete the dual-purpose application, to confirm
24 that nothing in those documents indicates that the applicant
25 does not satisfy the qualifications to register to vote in
26 Illinois at the applicant's his or her residence address. A
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1 completed and signed dual-purpose application, including a
2 completed application under subsection (c) of this Section
3 with a separate signature attesting that the applicant meets
4 the qualifications to register to vote in Illinois at the his
5 or her residence address as indicated on the his or her
6 application, shall constitute an application to register to
7 vote in Illinois at the residence address indicated in the
8 application unless the person affirmatively declined in the
9 application to register to vote or to change his or her
10 registered residence address or name. If the identification
11 documents provided to complete the dual-purpose application,
12 or that the agency cross-references, indicate that the
13 applicant he or she does not satisfy the qualifications to
14 register to vote in Illinois at his or her residence address,
15 the application shall be marked as incomplete. If the
16 applicant provides the designated automatic voter registration
17 agency with an address designated by the Attorney General as a
18 substitute mailing address under Section 15 of the Address
19 Confidentiality for Victims of Domestic Violence, Sexual
20 Assault, Human Trafficking, or Stalking Act, or is a judicial
21 officer or peace officer who provides the designated automatic
22 voter registration agency with a work address instead of a
23 residence address, the applicant shall not be offered voter
24 registration by the designated automatic voter registration
25 agency.
26 (f) For each completed and signed dual-purpose application
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1 that constitutes an application to register to vote in
2 Illinois or provides for a change in the applicant's
3 registered residence address or name, the designated automatic
4 voter registration agency shall electronically transmit to the
5 State Board of Elections personal information needed to
6 complete the person's registration to vote in Illinois at his
7 or her residence address, including the applicant's language
8 preference as indicated by the applicant or as otherwise
9 collected by the designated automatic voter registration
10 agency in the course of receiving applications and other forms
11 regarding licenses, permits, programs, and services offered by
12 the designated automatic voter registration agency. The
13 application to register to vote shall be processed in
14 accordance with Section 1A-16.7.
15 (g) As used in this Section:
16 "Designated automatic voter registration agency" or
17 "agency" means the divisions of Family and Community
18 Services and Rehabilitation Services of the Department of
19 Human Services, the Department of Employment Security, the
20 Department of Financial and Professional Regulation, the
21 Department of Natural Resources, or an agency of the
22 local, tribal, State, or federal government that has been
23 determined by the State Board of Elections to have access
24 to reliable personal information and has entered into an
25 interagency contract with the State Board of Elections to
26 participate in the automatic voter registration program
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1 under this Section.
2 "Dual-purpose application" means an application, an
3 application for renewal, a change of address form, or a
4 recertification form for a license, permit, program, or
5 service offered by a designated automatic voter
6 registration agency that also serves as an application to
7 register to vote in Illinois.
8 "Reliable personal information" means information
9 about individuals obtained from government sources that
10 may be used to verify whether an individual is eligible to
11 register to vote.
12 (h) (Blank). This Section shall be implemented no later
13 than July 1, 2019.
14 (i) If an agency under this Section receives documentation
15 that an applicant is a United States citizen, as described in
16 subsection (g) of Section 1A-16.1 for more than one person
17 listed on an application for a license, permit, program, or
18 service, each person for whom the agency receives the
19 documentation may be considered an applicant under this
20 Section and the application may serve as a dual-purpose
21 application for each person.
22 (j) The changes made to this Section by this amendatory
23 Act of the 103rd General Assembly shall be implemented no
24 later than January 1, 2026.
25 (Source: P.A. 100-464, eff. 8-28-17.)
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1 (10 ILCS 5/1A-16.3 new)
2 Sec. 1A-16.3. Language assistance.
3 (a) Every facility operated by the Driver Services
4 Department of the Office of the Secretary of State and all
5 facilities of a designated voter registration agency located
6 in a political subdivision covered by Section 203 of the
7 federal Voting Rights Act shall display and make plainly
8 visible signage informing applicants about the type of
9 language assistance available. The signage shall be in the
10 covered languages applicable for the political subdivision.
11 (b) Every facility operated by the Driver Services
12 Department of the Office of the Secretary of State and all
13 facilities of a designated voter registration agency located
14 in a political subdivision covered by Section 203 of the
15 federal Voting Rights Act shall make available, in the covered
16 languages, all written materials and verbal communication
17 regarding voter registration for the purpose of processing the
18 applicant's dual-purpose application described in Sections
19 1A-16.1 and 1A-16.2. Every facility operated by the Driver
20 Services Department of the Office of the Secretary of State
21 and all facilities of a designated voter registration agency
22 shall make available, in the 5 most common non-English
23 languages in this State, all written materials and verbal
24 communications regarding voter registration for the purpose of
25 processing an applicant's dual-purpose application described
26 in Sections 1A-16.1 and 1A-16.2. These materials shall include
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1 the notices described in subsection (b-10) of Section 1A-16.1
2 and subsection (e) of Section 2-105 of the Illinois Vehicle
3 Code, the affirmations described in paragraph (3) of
4 subsection (b) of Section 1A-16.1 and paragraph (3) of
5 subsection (b) of Section 1A-16.2, and the attestations
6 described in subsection (b-5) of Section 1A-16.1 and paragraph
7 (3) of subsection (c) of Section 1A-16.2.
8 (c) In addition to the requirements under subsections (a)
9 and (b), the Driver Services Department of the Office of the
10 Secretary of State, as part of every transaction described in
11 subsections (b) and (b-5) of Section 1A-16.1 completed through
12 its website, and each designated automatic voter registration
13 agency, as defined in subsection (g) of Section 1A-16.2, as
14 part of every transaction described in subsections (b) and (c)
15 of Section 1A-16.2 completed through its website, shall make
16 available, in the covered languages required in any
17 jurisdiction in this State by Section 203 of the federal
18 Voting Rights Act and in the 5 most common non-English
19 languages in this State, all information and questions
20 provided to an applicant regarding voter registration for the
21 purpose of processing the applicant's dual-purpose application
22 as described in Sections 1A-16.1 and 1A-16.2. These materials
23 shall include, but not be limited to, the notices described in
24 subsection (b-10) of Section 1A-16.1 and subsection (e) of
25 Section 2-105 of the Illinois Vehicle Code, the affirmations
26 described in paragraph (3) of subsection (b) of Section
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1 1A-16.1 and paragraph (3) of subsection (b) of Section
2 1A-16.2, and the attestations described in subsection (b-5) of
3 Section 1A-16.1 and paragraph (3) of subsection (c) of Section
4 1A-16.2. The Office of the Secretary of the State shall
5 determine the 5 most common non-English languages in this
6 State by referring to the best available data from the United
7 States Census Bureau or other sources that the Office of the
8 Secretary of the State considers relevant and reliable.
9 (10 ILCS 5/1A-16.7)
10 Sec. 1A-16.7. Automatic voter registration.
11 (a) The State Board of Elections shall establish and
12 maintain a portal for automatic government agency voter
13 registration that permits an eligible person to electronically
14 apply to register to vote or to update his or her existing
15 voter registration as provided in Section 1A-16.1 or Section
16 1A-16.2. The portal shall interface with the online voter
17 registration system established in Section 1A-16.5 of this
18 Code and shall be capable of receiving and processing voter
19 registration application information, including electronic
20 signatures, from the Office of the Secretary of State and each
21 designated automatic voter registration agency, as defined in
22 Section 1A-16.2. The State Board of Elections may
23 cross-reference voter registration information from any
24 designated automatic voter registration agency, as defined
25 under Section 1A-16.2 of this Code, with information contained
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1 in the database of the Secretary of State as provided under
2 subsection (c) of Section 1A-16.5 of this Code. The State
3 Board of Elections shall modify the online voter registration
4 system as necessary to implement this Section.
5 (b) Voter registration data received from the Office of
6 the Secretary of State or a designated automatic voter
7 registration agency through the online registration
8 application system shall be processed as provided in Section
9 1A-16.5 of this Code.
10 (c) The State Board of Elections shall establish technical
11 specifications applicable to each automatic government
12 registration program, including data format and transmission
13 specifications. The Office of the Secretary of State and each
14 designated automatic voter registration agency shall maintain
15 a data transfer mechanism capable of transmitting voter
16 registration application information, including electronic
17 signatures where available, to the online voter registration
18 system established in Section 1A-16.5 of this Code.
19 (d) The State Board of Elections shall, by rule, establish
20 criteria and procedures for determining whether an agency of
21 the State or federal government seeking to become a designated
22 automatic voter registration agency in the course of receiving
23 applications and other forms regarding licenses, permits,
24 programs, and services offered by the agency, receives
25 documentation that an applicant is a United States citizen, as
26 described in subsection (g) of Section 1A-16.1 has access to
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1 reliable personal information, as defined under this
2 subsection (d) and subsection (f) of Section 1A-16.2 of this
3 Code, and otherwise meets the requirements to enter into an
4 interagency contract and to operate as a designated automatic
5 voter registration agency. The State Board of Elections shall
6 approve each interagency contract upon affirmative vote of a
7 majority of its members.
8 As used in this subsection (d), "reliable personal
9 information" means information about individuals obtained from
10 government sources that may be used to verify whether an
11 individual is eligible to register to vote.
12 (e) Whenever an applicant's data is transferred from the
13 Office of the Secretary of State or a designated automatic
14 voter registration agency, the agency must transmit a
15 signature image if available. If no signature image was
16 provided by the agency and , or if no signature image is
17 available in the Office of the Secretary of State's database
18 or the statewide voter registration database, or other
19 database available to the State Board of Elections, the
20 applicant must be notified that voter his or her registration
21 will remain in a pending status until the applicant: , and the
22 applicant will be required to
23 (1) provides provide identification that complies with
24 the federal Help America Vote Act of 2002 and a signature
25 to the election authority on election day in the polling
26 place or during early voting; .
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1 (2) provides identification that complies with the
2 federal Help America Vote Act of 2002 and a signature with
3 a mail ballot, or provides a signature in accordance with
4 the procedures described in subsection (g-5) of Section
5 19-8; or
6 (3) provides a signature in response to the notice
7 described in subsection (g) or by other paper or
8 electronic means determined by the State Board of
9 Elections.
10 (f) Upon receipt of personal information collected and
11 transferred by the Office of the Secretary of State or a
12 designated automatic voter registration agency, the State
13 Board of Elections shall check the information against the
14 statewide voter registration database. The State Board of
15 Elections shall create and electronically transmit to the
16 appropriate election authority a voter registration
17 application for any individual who is not registered to vote
18 in Illinois and is not disqualified as provided in this
19 Section or whose information reliably indicates a more recent
20 update to the name or address of a person already included in
21 the statewide voter database. The election authority shall
22 process the application accordingly. If the individual
23 provides the Office of the Secretary of State or a designated
24 automatic voter registration agency with an address designated
25 by the Attorney General as a substitute mailing address under
26 Section 15 of the Address Confidentiality for Victims of
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1 Domestic Violence, Sexual Assault, Human Trafficking, or
2 Stalking Act or if the State Board of Elections otherwise
3 determines that the individual is a program participant under
4 Section 10 of the Address Confidentiality for Victims of
5 Domestic Violence, Sexual Assault, Human Trafficking, or
6 Stalking Act, the State Board of Elections shall not create or
7 electronically transmit to an election authority a voter
8 registration the application for the individual. The State
9 Board of Elections may provide alternative voter registration
10 procedures for the individuals described in this subsection.
11 (g) The appropriate election authority shall ensure that
12 any applicant about whom it receives information from the
13 State Board of Elections under subsection (f) who is
14 registered to vote or whose existing voter registration is
15 updated under this Section is promptly sent written notice of
16 the change. The notice required by this subsection (g) may be
17 sent or combined with other notices required or permitted by
18 law, including, but not limited to, any notices sent pursuant
19 to Section 1A-16.5 of this Code. Any notice required by this
20 subsection (g) shall contain, at a minimum: (i) the
21 applicant's name and residential address as reflected on the
22 voter registration list; (ii) a statement notifying the
23 applicant to contact the appropriate election authority if his
24 or her voter registration has been updated in error; (iii) the
25 qualifications to register to vote in Illinois; (iv) a
26 statement notifying the applicant that he or she may opt out of
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1 voter registration or request a change to his or her
2 registration information at any time by contacting an election
3 official; and (iii) (v) contact information for the
4 appropriate election authority, including a phone number,
5 address, electronic mail address, and website address.
6 For an applicant under subsection (b) of Section 1A-16.1
7 or subsection (b) of Section 1A-16.2 who is not currently
8 registered to vote in Illinois, the notice shall be sent
9 within 5 business days after the transmission of the voter
10 registration application to the election authority and shall
11 contain:
12 (1) the following statement: "After your recent visit
13 to [an Illinois Secretary of State Driver Services
14 Facility, or designated automatic voter registration
15 agency] we started an automatic voter registration process
16 for you. You will be registered to vote unless you
17 complete, sign, and return this card by [deadline date].";
18 (2) the notices required by Section 5(c)(2) of the
19 National Voter Registration Act of 1993; and
20 (3) an opportunity to provide a signature as described
21 in subsection (e) and to select a language for election
22 materials if applicable to the jurisdiction, by prepaid
23 postage.
24 For an applicant under subsection (b) of Section 1A-16.1
25 or subsections (b) of Section 1A-16.2 who is currently
26 registered to vote in Illinois and whose application contains
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1 a change in the applicant's registered residence address or
2 name, the notice shall be sent within 5 business days after the
3 transmission of the voter registration application to the
4 election authority and shall contain:
5 (1) the following statement: "After your recent visit
6 to [an Illinois Secretary of State Driver Services
7 Facility or designated automatic voter registration
8 agency], we started an update to your voter registration.
9 Your voter registration will be updated unless you
10 complete, sign and return this card by [deadline date].";
11 (2) the notices required by Section 5(c)(2) of the
12 National Voter Registration Act of 1993; and
13 (3) an opportunity to provide a signature as described
14 in subsection (e), and to select a language for election
15 materials if applicable to the jurisdiction, by prepaid
16 postage.
17 Any notice required by this subsection shall, at a
18 minimum, be provided in languages for which there is coverage
19 for the jurisdiction of the election authority under Section
20 203 of the federal Voting Rights Act, as identified by the
21 United States Census Bureau in the Federal Register. Any
22 notice required by this subsection must also comply with all
23 applicable, federal, State, and local laws, regulations, and
24 ordinances that relate to providing language access to
25 individuals with limited English proficiency. If the State
26 Board of Elections has received language preference
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1 information regarding the applicant and has transmitted that
2 information to the appropriate election authority, the
3 appropriate election authority shall take all practicable
4 measures to send the notice to the applicant in the
5 applicant's preferred language.
6 (g-5) If an applicant under subsection (b) of Section
7 1A-16.1 or subsection (b) of Section 1A-16.2 returns the
8 notice described in subsection (g) declining to be registered
9 within 23 days after the mailing of the notice, the applicant
10 shall not be registered to vote and the applicant shall be
11 deemed not to have attempted to register to vote. If an
12 applicant under subsection (b) of Section 1A-16.1 or
13 subsection (b) of Section 1A-16.2 returns the notice described
14 in subsection (g) declining or correcting the update within 23
15 days after the mailing of the notice, the applicant's update
16 shall be declined or corrected in the statewide voter
17 registration database. If an applicant returns the notice
18 described in subsection (g) but does not do so within 23 days
19 after the mailing of the notice, then the applicant shall be
20 registered to vote under the name and address contained in the
21 dual-purpose application. If an applicant returns the notice
22 described in subsection (g) declining to be registered or
23 declining or correcting the update more than 23 days after the
24 mailing of the notice, then the notice shall be processed as a
25 request to cancel or update the applicant's registration.
26 During the 23-day period specified in this subsection, an
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1 applicant's voter registration or updated voter registration
2 shall be in a pending status.
3 (g-6) If an applicant under subsection (b) of Section
4 1A-16.1 or subsection (b) of Section 1A-16.2 returns the
5 notice indicating a language preference, the language
6 preference shall be retained as part of the person's
7 registration information.
8 (h) The appropriate election authority shall ensure that
9 any applicant whose voter registration application is not
10 accepted or deemed incomplete is promptly sent written notice
11 of the application's status. The notice required by this
12 subsection may be sent or combined with other notices required
13 or permitted by law, including, but not limited to, any
14 notices sent pursuant to Section 1A-16.5 of this Code. Any
15 notice required by this subsection (h) shall contain, at a
16 minimum, the reason the application was not accepted or deemed
17 incomplete and contact information for the appropriate
18 election authority, including a phone number, address,
19 electronic mail address, and website address.
20 (i) If the Office of the Secretary of State or a designated
21 automatic voter registration agency transfers information, or
22 if the State Board of Elections creates and transmits a voter
23 registration application, for a person who does not qualify as
24 an eligible voter, then it shall not constitute a completed
25 voter registration form, and the person shall not be
26 considered to have registered to vote.
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1 (j) If the registration is processed by any election
2 authority, then it shall be presumed to have been effected and
3 officially authorized by the State, and that person shall not
4 be found on that basis to have made a false claim to
5 citizenship or to have committed an act of moral turpitude,
6 nor shall that person be subject to penalty under any relevant
7 laws, including, but not limited to, Sections 29-10 and 29-19
8 of this Code. This subsection (j) does not apply to a person
9 who knows that he or she is not entitled to register to vote
10 and who willfully votes, registers to vote, or attests under
11 penalty of perjury that he or she is eligible to register to
12 vote or willfully attempts to vote or to register to vote.
13 (k) The State Board of Elections, the Office of the
14 Secretary of State, and each designated automatic voter
15 registration agency shall implement policies and procedures to
16 protect the privacy and security of voter information as it is
17 acquired, stored, and transmitted among agencies, including
18 policies for the retention and preservation of voter
19 information. Information designated as confidential under this
20 Section may be recorded and shared among the State Board of
21 Elections, election authorities, the Office of the Secretary
22 of State, and designated automatic voter registration
23 agencies, but shall be used only for voter registration
24 purposes, shall not be disclosed to the public except in the
25 aggregate as required by subsection (m) of this Section, and
26 shall not be subject to the Freedom of Information Act. The
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1 following information shall be designated as confidential:
2 (1) any portion of an applicant's Social Security
3 number;
4 (2) any portion of an applicant's driver's license
5 number or State identification number;
6 (3) an applicant's decision to decline voter
7 registration;
8 (4) the identity of the person providing information
9 relating to a specific applicant; and
10 (5) the personal residence and contact information of
11 any applicant for whom notice has been given by an
12 appropriate legal authority; and .
13 (6) the personal residence and contact information
14 relating to an applicant who returns a notice described
15 subsection (g) declining to register to vote that was
16 received by the election authority within 23 days after
17 mailing the notice or for whom the 23-day period has not
18 passed.
19 This subsection (k) shall not apply to information the
20 State Board of Elections is required to share with the
21 Electronic Registration Information Center.
22 (l) The voter registration procedures implemented under
23 this Section shall comport with the federal National Voter
24 Registration Act of 1993, as amended, and shall specifically
25 require that the State Board of Elections track registration
26 data received through the online registration system that
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1 originated from a designated automatic voter registration
2 agency for the purposes of maintaining statistics.
3 Nothing in this Code shall require designated voter
4 registration agencies to transmit information that is
5 confidential client information under State or federal law
6 without the consent of the applicant.
7 (m) The State Board of Elections, each election authority
8 that maintains a website, the Office of the Secretary of
9 State, and each designated automatic voter registration agency
10 that maintains a website shall provide information on their
11 websites informing the public about the new registration
12 procedures described in this Section. The Office of the
13 Secretary of State and each designated automatic voter
14 registration agency shall display signage or provide
15 literature for the public containing information about the new
16 registration procedures described in this Section.
17 (n) No later than 6 months after the effective date of this
18 amendatory Act of the 100th General Assembly, the State Board
19 of Elections shall hold at least one public hearing on
20 implementing this amendatory Act of the 100th General Assembly
21 at which the public may provide input.
22 (o) The State Board of Elections shall submit an annual
23 public report to the General Assembly and the Governor
24 detailing the progress made to implement this Section. The
25 report shall include all of the following: the number of
26 records transferred under this Section by agency, the number
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1 of voters newly added to the statewide voter registration list
2 because of records transferred under this Section by agency,
3 the number of updated registrations under this Section by
4 agency, the number of persons who opted out of voter
5 registration, and the number of voters who submitted voter
6 registration forms using the online procedure described in
7 Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
8 may include less detail if election authorities are not
9 equipped to provide complete information to the State Board of
10 Elections. Any report produced under this subsection (o) shall
11 exclude any information that identifies any individual
12 personally.
13 (p) The State Board of Elections, in consultation with
14 election authorities, the Office of the Secretary of State,
15 designated automatic voter registration agencies, and
16 community organizations, shall adopt rules as necessary to
17 implement the provisions of this Section.
18 (q) The changes made to this Section by this amendatory
19 Act of the 103rd General Assembly shall be implemented no
20 later than January 1, 2026.
21 (Source: P.A. 100-464, eff. 8-28-17.)
22 (10 ILCS 5/1A-16.8)
23 Sec. 1A-16.8. Automatic transfer of registration based
24 upon information from the National Change of Address database
25 and designated automatic voter registration agencies.
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1 (a) The State Board of Elections shall cross-reference the
2 statewide voter registration database against the United
3 States Postal Service's National Change of Address database
4 twice each calendar year, April 15 and October 1 in
5 odd-numbered years and April 15 and December 1 in
6 even-numbered years or with the same frequency as in
7 subsection (b) of this Section, and shall share the findings
8 with the election authorities.
9 (b) In addition, beginning no later than September 1,
10 2017, the State Board of Elections shall utilize data provided
11 as part of its membership in the Electronic Registration
12 Information Center in order to cross-reference the statewide
13 voter registration database against databases of relevant
14 personal information kept by designated automatic voter
15 registration agencies, including, but not limited to, driver's
16 license information kept by the Secretary of State, at least 6
17 times each calendar year and shall share the findings with
18 election authorities.
19 This subsection (b) shall no longer apply once Sections
20 1A-16.1 and 1A-16.2 of this Code are fully implemented as
21 determined by the State Board of Elections. Upon a
22 determination by the State Board of Elections of full
23 implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
24 the State Board of Elections shall file notice of full
25 implementation and the inapplicability of this subsection (b)
26 with the Index Department of the Office of the Secretary of
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1 State, the Governor, the General Assembly, and the Legislative
2 Reference Bureau.
3 (b-5) The State Board of Elections shall not be required
4 to share any data on any voter attained using the National
5 Change of Address database under subsection (a) of this
6 Section if that voter has a more recent government transaction
7 indicated using the cross-reference under subsection (b) of
8 this Section. If there is contradictory or unclear data
9 between data obtained under subsections (a) and (b) of this
10 Section, then data obtained under subsection (b) of this
11 Section shall take priority.
12 (c) An election authority shall automatically register any
13 voter who has moved into its jurisdiction from another
14 jurisdiction in Illinois or has moved within its jurisdiction
15 provided that:
16 (1) the election authority whose jurisdiction includes
17 the new registration address provides the voter an
18 opportunity to reject the change in registration address
19 through a mailing, sent by non-forwardable mail, to the
20 new registration address, and
21 (2) when the election authority whose jurisdiction
22 includes the previous registration address is a different
23 election authority, then that election authority provides
24 the same opportunity through a mailing, sent by
25 forwardable mail, to the previous registration address.
26 This change in registration shall trigger the same
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1 inter-jurisdictional or intra-jurisdictional workflows as if
2 the voter completed a new registration card, including the
3 cancellation of the voter's previous registration. Should the
4 registration of a voter be changed from one address to another
5 within the State and should the voter appear at the polls and
6 offer to vote from the prior registration address, attesting
7 that the prior registration address is the true current
8 address, the voter, if confirmed by the election authority as
9 having been registered at the prior registration address and
10 canceled only by the process authorized by this Section, shall
11 be issued a regular ballot, and the change of registration
12 address shall be canceled. If the election authority is unable
13 to immediately confirm the registration, the voter shall be
14 permitted to register and vote a regular ballot, provided that
15 he or she meets the documentary requirements for same-day
16 registration. If the election authority is unable to confirm
17 the registration and the voter does not meet the requirements
18 for same-day registration, the voter shall be issued a
19 provisional ballot.
20 (c-5) An agency that does not receive documentation that
21 an applicant is a United States citizen, as described in
22 subsection (g) of Section 1A-16.1, may enter into an agreement
23 with the State Board of Elections to transmit information that
24 shall serve only to update an applicant's existing voter
25 registration record. Under the agreement, the agency shall
26 transmit information on all clients who may be registered to
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1 vote with a clear indication that the information shall be
2 used only for updates. The State Board of Elections shall
3 determine which applicants are already registered to vote and,
4 for any voter whose information provided to the agency differs
5 from that on the voter registration record, provide that
6 information to the voter's local election authority who shall
7 update a registered voter's records in accordance with the
8 procedures described in Section 1A-16.7. The State Board of
9 Election and local election authority shall take no action
10 under this subsection for any applicant not already registered
11 to vote.
12 This subsection shall be implemented no later than January
13 1, 2026.
14 (d) No voter shall be disqualified from voting due to an
15 error relating to an update of registration under this
16 Section.
17 (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
18 Section 10. The Illinois Vehicle Code is amended by
19 changing Section 2-105 as follows:
20 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
21 Sec. 2-105. Offices of Secretary of State.
22 (a) The Secretary of State shall maintain offices in the
23 State capital and in such other places in the State as he may
24 deem necessary to properly carry out the powers and duties
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1 vested in him.
2 (b) The Secretary of State may construct and equip one or
3 more buildings in the State of Illinois outside of the County
4 of Sangamon as he deems necessary to properly carry out the
5 powers and duties vested in him. The Secretary of State may, on
6 behalf of the State of Illinois, acquire public or private
7 property needed therefor by lease, purchase or eminent domain.
8 The care, custody and control of such sites and buildings
9 constructed thereon shall be vested in the Secretary of State.
10 Expenditures for the construction and equipping of any of such
11 buildings upon premises owned by another public entity shall
12 not be subject to the provisions of any State law requiring
13 that the State be vested with absolute fee title to the
14 premises. The exercise of the authority vested in the
15 Secretary of State by this Section is subject to the
16 appropriation of the necessary funds.
17 (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
18 the Election Code, the Secretary of State shall make driver
19 services facilities available for use as places of accepting
20 applications for voter registration.
21 (d) (Blank).
22 (e) Each applicant person applying at a driver services
23 facility for a driver's license or permit, a corrected
24 driver's license or permit, an Illinois Identification Card
25 identification card or a corrected Illinois Identification
26 Card who has presented documentation establishing United
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1 States citizenship as set forth in subsection (g) of Section
2 1A-16.1 of the Election Code identification card shall be
3 notified, under the procedures set forth in Sections 1A-16.1
4 and 1A-16.7 of the Election Code, that the applicant's unless
5 he or she affirmatively declines, his or her personal
6 information shall be transferred to the State Board of
7 Elections for the purpose of creating an electronic voter
8 registration application. Each applicant applying at a driver
9 services facility for a driver's license or permit, a
10 corrected driver's license or permit or a State identification
11 card or a corrected Illinois Identification Card who presented
12 documentation that neither establishes that the applicant is a
13 United States citizen nor establishes that the applicant is
14 not a United States citizen, but who affirmatively indicated
15 they wished to apply to register to vote and attested, in
16 writing, to United States citizenship, shall be notified,
17 under the procedures set forth in Sections 1A-16.1 and 1A-16.7
18 of the Election Code that the applicant's personal information
19 will be transmitted to the State Board of Elections for the
20 purpose of creating an electronic voter registration
21 application. Such notification may be made in writing or
22 verbally issued by an employee or the Secretary of State.
23 The Secretary of State shall promulgate such rules as may
24 be necessary for the efficient execution of his duties and the
25 duties of his employees under this Section.
26 (f) Any person applying at a driver services facility for
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1 issuance or renewal of a driver's license or Illinois
2 Identification Card shall be provided, without charge, with a
3 brochure warning the person of the dangers of financial
4 identity theft. The Department of Financial and Professional
5 Regulation shall prepare these brochures and provide them to
6 the Secretary of State for distribution. The brochures shall
7 (i) identify signs warning the reader that he or she might be
8 an intended victim of the crime of financial identity theft,
9 (ii) instruct the reader in how to proceed if the reader
10 believes that he or she is the victim of the crime of identity
11 theft, and (iii) provide the reader with names and telephone
12 numbers of law enforcement and other governmental agencies
13 that provide assistance to victims of financial identity
14 theft.
15 (g) (Blank). The changes made by this amendatory Act of
16 the 100th General Assembly shall be implemented no later than
17 July 1, 2018.
18 (h) The changes made to this Section by this amendatory
19 Act of the 103rd General Assembly shall be implemented no
20 later than January 1, 2026.
21 (Source: P.A. 100-464, eff. 8-28-17.)
22 Section 95. No acceleration or delay. Where this Act makes
23 changes in a statute that is represented in this Act by text
24 that is not yet or no longer in effect (for example, a Section
25 represented by multiple versions), the use of that text does
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1 not accelerate or delay the taking effect of (i) the changes
2 made by this Act or (ii) provisions derived from any other
3 Public Act.
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