Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3736 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3736 Introduced 2/9/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 10 ILCS 5/1A-16.110 ILCS 5/1A-16.210 ILCS 5/1A-16.3 new10 ILCS 5/1A-16.710 ILCS 5/1A-16.8625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105 Amends the Election Code. For specified applications, change of address forms, or recertifications of a driver's license or State identification card, provides that the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Amends the Illinois Vehicle Code to make conforming changes. Provides that changes made by the amendatory Act that require implementation shall be implemented no later than January 1, 2025. Effective immediately. LRB103 38253 SPS 68388 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3736 Introduced 2/9/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 10 ILCS 5/1A-16.110 ILCS 5/1A-16.210 ILCS 5/1A-16.3 new10 ILCS 5/1A-16.710 ILCS 5/1A-16.8625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105 10 ILCS 5/1A-16.1 10 ILCS 5/1A-16.2 10 ILCS 5/1A-16.3 new 10 ILCS 5/1A-16.7 10 ILCS 5/1A-16.8 625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105 Amends the Election Code. For specified applications, change of address forms, or recertifications of a driver's license or State identification card, provides that the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Amends the Illinois Vehicle Code to make conforming changes. Provides that changes made by the amendatory Act that require implementation shall be implemented no later than January 1, 2025. Effective immediately. LRB103 38253 SPS 68388 b LRB103 38253 SPS 68388 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3736 Introduced 2/9/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/1A-16.110 ILCS 5/1A-16.210 ILCS 5/1A-16.3 new10 ILCS 5/1A-16.710 ILCS 5/1A-16.8625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105 10 ILCS 5/1A-16.1 10 ILCS 5/1A-16.2 10 ILCS 5/1A-16.3 new 10 ILCS 5/1A-16.7 10 ILCS 5/1A-16.8 625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
44 10 ILCS 5/1A-16.1
55 10 ILCS 5/1A-16.2
66 10 ILCS 5/1A-16.3 new
77 10 ILCS 5/1A-16.7
88 10 ILCS 5/1A-16.8
99 625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
1010 Amends the Election Code. For specified applications, change of address forms, or recertifications of a driver's license or State identification card, provides that the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Amends the Illinois Vehicle Code to make conforming changes. Provides that changes made by the amendatory Act that require implementation shall be implemented no later than January 1, 2025. Effective immediately.
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1616 1 AN ACT concerning elections.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 5. The Election Code is amended by changing
2020 5 Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding
2121 6 Section 1A-16.3 as follows:
2222 7 (10 ILCS 5/1A-16.1)
2323 8 (Text of Section before amendment by P.A. 103-210)
2424 9 Sec. 1A-16.1. Automatic voter registration; Secretary of
2525 10 State.
2626 11 (a) The Office of the Secretary of State and the State
2727 12 Board of Elections, pursuant to an interagency contract and
2828 13 jointly adopted jointly-adopted rules, shall establish an
2929 14 automatic voter registration program that satisfies the
3030 15 requirements of this Section and other applicable law.
3131 16 (b) If, as part of an application, an application for
3232 17 renewal, or a change of address form, or a recertification
3333 18 form for a driver's license, other than a temporary visitor's
3434 19 driver's license, or a State identification card issued by the
3535 20 Office of the Secretary of State, an applicant presents
3636 21 documentation that establishes that the applicant is a United
3737 22 States citizen, as described in subsection (g), and is of age
3838 23 to register to vote or if the information provided to the
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4242 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3736 Introduced 2/9/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
4343 10 ILCS 5/1A-16.110 ILCS 5/1A-16.210 ILCS 5/1A-16.3 new10 ILCS 5/1A-16.710 ILCS 5/1A-16.8625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105 10 ILCS 5/1A-16.1 10 ILCS 5/1A-16.2 10 ILCS 5/1A-16.3 new 10 ILCS 5/1A-16.7 10 ILCS 5/1A-16.8 625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
4444 10 ILCS 5/1A-16.1
4545 10 ILCS 5/1A-16.2
4646 10 ILCS 5/1A-16.3 new
4747 10 ILCS 5/1A-16.7
4848 10 ILCS 5/1A-16.8
4949 625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
5050 Amends the Election Code. For specified applications, change of address forms, or recertifications of a driver's license or State identification card, provides that the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Amends the Illinois Vehicle Code to make conforming changes. Provides that changes made by the amendatory Act that require implementation shall be implemented no later than January 1, 2025. Effective immediately.
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6161 10 ILCS 5/1A-16.3 new
6262 10 ILCS 5/1A-16.7
6363 10 ILCS 5/1A-16.8
6464 625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
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8383 1 Office of the Secretary of State under subsection (c)
8484 2 indicates that the applicant is currently registered to vote
8585 3 in Illinois and, upon reviewing the documents and information
8686 4 submitted by the applicant, the Office of the Secretary of
8787 5 State determines that the name or residence address
8888 6 documentation submitted by the applicant differs from the
8989 7 information regarding the applicant provided under subsection
9090 8 (c) meets the requirements of the federal REAL ID Act of 2005,
9191 9 then that application shall serve as a dual-purpose
9292 10 application, unless the applicant declines in accordance with
9393 11 subsection (g) of Section 1A-16.7. The dual-purpose
9494 12 application shall:
9595 13 (1) also serve as an application to register to vote
9696 14 in Illinois;
9797 15 (2) allow an applicant to change the applicant's his
9898 16 or her registered residence address or name as it appears
9999 17 on the voter registration rolls;
100100 18 (3) in a single affirmation, including the affirmation
101101 19 required for a driver's license or State identification
102102 20 card, allow the applicant to affirm, under penalty of
103103 21 perjury, to the truth and correctness of the information
104104 22 submitted in the dual-purpose application that is
105105 23 necessary to assess the applicant's eligibility to
106106 24 register to vote or to change the applicant's registered
107107 25 residence address or name as it appears on the voter
108108 26 registration rolls provide the applicant with an
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119119 1 opportunity to affirmatively decline to register to vote
120120 2 or to change his or her registered residence address or
121121 3 name by providing a check box on the application form
122122 4 without requiring the applicant to state the reason; and
123123 5 (4) allow the applicant to notify the Office of the
124124 6 Secretary of State of the applicant's preferred language
125125 7 unless the applicant declines to register to vote or
126126 8 change his or her registered residence address or name,
127127 9 require the applicant to attest, by signature under
128128 10 penalty of perjury as described in subsection (e) of this
129129 11 Section, to meeting the qualifications to register to vote
130130 12 in Illinois at his or her residence address as indicated
131131 13 on his or her driver's license or identification card
132132 14 dual-purpose application.
133133 15 The Office of the Secretary of State shall record the type
134134 16 of documents presented by the applicant that establishes that
135135 17 the applicant is a United States citizen as described in
136136 18 subsection (g). The initiation of a dual-purpose application
137137 19 based on documentation establishing United States citizenship
138138 20 shall be automated and not subjected to the discretion of
139139 21 individual employees of the Office of the Secretary of State.
140140 22 (b-5) If, as part of an application, an application for
141141 23 renewal, or a change of address form, or a recertification
142142 24 form for a driver's license, other than a temporary visitor's
143143 25 driver's license, or a State identification card issued by the
144144 26 Office of the Secretary of State, other than an application or
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155155 1 form that pertains to a driver's license or State
156156 2 identification card for an applicant who does not have and is
157157 3 not eligible for a social security number, an applicant
158158 4 presents documentation that neither establishes that the
159159 5 applicant is a United States citizen nor establishes that the
160160 6 applicant is not a United States citizen and if the
161161 7 information provided to the Office of the Secretary of State
162162 8 under subsection (c) does not indicate that the applicant is
163163 9 currently registered to vote in Illinois does not meet the
164164 10 requirements of the federal REAL ID Act of 2005, then that
165165 11 application shall serve as a dual-purpose application. The
166166 12 dual-purpose application that, shall: (1) also serve as an
167167 13 application to register to vote in Illinois; (2) allow an
168168 14 applicant to change his or her registered residence address or
169169 15 name as it appears on the voter registration rolls; and (3) if
170170 16 the applicant chooses to register to vote, shall also serve as
171171 17 an application to register to vote in Illinois. If the
172172 18 applicant chooses to register to vote, the applicant shall be
173173 19 required or to change his or her registered residence address
174174 20 or name, then require the applicant to attest, by a separate
175175 21 signature under penalty of perjury, to meeting the
176176 22 qualifications to register to vote in Illinois at the
177177 23 applicant's his or her residence address as indicated on the
178178 24 his or her dual-purpose application. The dual-purpose
179179 25 application shall allow the applicant to notify the Office of
180180 26 the Secretary of State of the applicant's preferred language.
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191191 1 (b-8) If an applicant presents to the Secretary of State
192192 2 documentation that establishes the applicant is not a United
193193 3 States citizen, no application submitted by that applicant
194194 4 shall serve as a dual-purpose application under this Section.
195195 5 (b-10) Before asking any applicant described in subsection
196196 6 (b) to provide the written affirmation described in that
197197 7 subsection, the The Office of the Secretary of State shall
198198 8 clearly and conspicuously inform each applicant in writing:
199199 9 (i) of the qualifications to register to vote in Illinois; ,
200200 10 (ii) of the penalties provided by law for submission of a false
201201 11 voter registration application, including the
202202 12 immigration-related consequences of incorrectly claiming
203203 13 United States citizenship; and (iii) that the , unless the
204204 14 applicant declines to register to vote or update his or her
205205 15 voter registration, his or her dual-purpose application shall
206206 16 also serve as both an application to register to vote and his
207207 17 or her attestation that he or she meets the eligibility
208208 18 requirements for voter registration, and that the his or her
209209 19 application to register to vote or update voter his or her
210210 20 registration will be transmitted to the State Board of
211211 21 Elections for the purpose of registering the person to vote at
212212 22 the residence address to be indicated on the applicant's his
213213 23 or her driver's license or identification card, and (iv) that
214214 24 declining to register to vote is confidential and will not
215215 25 affect any services the person may be seeking from the Office
216216 26 of the Secretary of State.
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227227 1 The Office of the Secretary of State may provide
228228 2 additional instructions specific to applicants under
229229 3 subsection (b).
230230 4 (b-15) Before asking any applicant described in subsection
231231 5 (b-5) to provide the attestation described in that subsection,
232232 6 the Office of the Secretary of State shall clearly and
233233 7 conspicuously inform each applicant in writing: (i) of the
234234 8 qualifications to register to vote in Illinois; (ii) of the
235235 9 penalties provided by law for submission of a false voter
236236 10 registration application, including the immigration-related
237237 11 consequences of incorrectly claiming United States citizenship
238238 12 and the opportunity to withdraw an application to avoid the
239239 13 penalties; (iii) that the application shall also serve as an
240240 14 application to register to vote and that the application to
241241 15 register to vote or update voter registration will be
242242 16 transmitted to the State Board of Elections for the purpose of
243243 17 registering the person to vote at the residence address to be
244244 18 indicated on the applicant's driver's license or
245245 19 identification card, unless the applicant withdraws the
246246 20 application or declines to register to vote or update the
247247 21 applicant's voter registration; and (4) that declining to
248248 22 register to vote or withdrawing a voter application is
249249 23 confidential and will not affect any services the person may
250250 24 be seeking from the Office of the Secretary of State. The
251251 25 Office of the Secretary of State may provide additional
252252 26 instructions specific to applicants under subsection (b-5).
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263263 1 (c) The Office of the Secretary of State shall review
264264 2 information provided to the Office of the Secretary of State
265265 3 by the State Board of Elections to determine inform each
266266 4 applicant for a driver's license or permit, other than a
267267 5 temporary visitor's driver's license, or a State
268268 6 identification card issued by the Office of the Secretary of
269269 7 State whether each the applicant under subsections (b) and
270270 8 (b-5) is currently registered to vote in Illinois and, if
271271 9 registered, at what address, and shall inform each applicant
272272 10 described in subsection (b-5) for a driver's license or permit
273273 11 or State identification card issued by the Office of the
274274 12 Secretary of State, whether the applicant is currently
275275 13 registered and, if registered, at what address.
276276 14 (d) The Office of the Secretary of State shall not require
277277 15 an applicant for a driver's license or State identification
278278 16 card to provide duplicate identification or information in
279279 17 order to complete an application to register to vote or change
280280 18 his or her registered residence address or name. Before
281281 19 transmitting any personal information about an applicant to
282282 20 the State Board of Elections, the Office of the Secretary of
283283 21 State shall review its records of the identification documents
284284 22 the applicant provided in order to complete the application
285285 23 for a driver's license or State identification card, to
286286 24 confirm that nothing in those documents indicates that the
287287 25 applicant does not satisfy the qualifications to register to
288288 26 vote in Illinois at his or her residence address. If the
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299299 1 applicant provides the Office of the Secretary of State with
300300 2 an address designated by the Attorney General as a substitute
301301 3 mailing address under Section 15 of the Address
302302 4 Confidentiality for Victims of Domestic Violence, Sexual
303303 5 Assault, Human Trafficking, or Stalking Act or is a judicial
304304 6 officer of peace officer who provides the Office of the
305305 7 Secretary of State with a work address instead of a residence
306306 8 address, as authorized by subsection (a) of Section 6-106 of
307307 9 the Illinois Vehicle Code, the applicant shall not be offered
308308 10 voter registration by the Office of the Secretary of State.
309309 11 (e) A completed, signed application for (i) a driver's
310310 12 license or permit, other than a temporary visitor's driver's
311311 13 license, or a State identification card issued by the Office
312312 14 of the Secretary of State that includes the presentation of
313313 15 documentation that establishes that the applicant is a United
314314 16 States citizen and is of age to register to vote or for which
315315 17 the information provided to the Office of the Secretary of
316316 18 State under subsection (c) indicates that the applicant is
317317 19 currently registered to vote in Illinois , that meets the
318318 20 requirements of the federal REAL ID Act of 2005; or (ii) a
319319 21 completed application under subsection (b-5) of this Section
320320 22 with a separate signature attesting the applicant meets the
321321 23 qualifications to register to vote in Illinois at his or her
322322 24 residence address as indicated on his or her application shall
323323 25 constitute a signed application to register to vote in
324324 26 Illinois at the residence address indicated in the application
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335335 1 unless the person affirmatively declined in the application to
336336 2 register to vote or to change his or her registered residence
337337 3 address or name. If the identification documents provided to
338338 4 complete the dual-purpose application indicate that the
339339 5 applicant he or she does not satisfy the qualifications to
340340 6 register to vote in Illinois at the specified his or her
341341 7 residence address, the application shall be marked as
342342 8 incomplete.
343343 9 (f) For each completed and signed application that
344344 10 constitutes an application to register to vote in Illinois or
345345 11 provides for a change in the applicant's registered residence
346346 12 address or name, the Office of the Secretary of State shall
347347 13 electronically transmit to the State Board of Elections
348348 14 personal information needed to complete the person's
349349 15 registration to vote in Illinois at the specified his or her
350350 16 residence address, including the applicant's choice language
351351 17 preference as indicated by the applicant or as otherwise
352352 18 collected by the Office of the Secretary of State during the
353353 19 permitting, licensing, or identification card transaction. The
354354 20 application to register to vote shall be processed in
355355 21 accordance with Section 1A-16.7.
356356 22 (g) Documentation that establishes that the applicant is a
357357 23 United States citizen shall include:
358358 24 (1) a valid, unexpired United States passport or
359359 25 passport card or a United States passport or passport card
360360 26 that has been expired for no more than 2 years;
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371371 1 (2) a certified copy of a birth certificate filed with
372372 2 the Division of Vital Records or an equivalent agency in
373373 3 the individual's state of birth;
374374 4 (3) a Consular Report of Birth Abroad issued by the
375375 5 United States Department of State, Form FS-240, DS-1350,
376376 6 or FS-545; and
377377 7 (4) a Certificate of Citizenship issued by the United
378378 8 States Department of Homeland Security, Form N-560 or form
379379 9 N-561. If the federal REAL ID Act of 2005 is repealed,
380380 10 abrogated, superseded, or otherwise no longer in effect,
381381 11 then the State Board of Elections shall establish criteria
382382 12 for determining reliable personal information indicating
383383 13 citizenship status and shall adopt rules as necessary for
384384 14 the Secretary of State to continue processing dual-purpose
385385 15 applications under this Section.
386386 16 (h) As used in this Section, "dual-purpose application"
387387 17 means an application, an application for renewal or , a change
388388 18 of address form, or a recertification form for driver's
389389 19 license or permit, other than a temporary visitor's driver's
390390 20 license, or a State identification card offered by the
391391 21 Secretary of State that also serves as an application to
392392 22 register to vote in Illinois. "Dual-purpose application" does
393393 23 not mean an application under subsection (c) of Section 6-109
394394 24 of the Illinois Vehicle Code.
395395 25 (i) The changes made to this Section by this amendatory
396396 26 Act of the 103rd General Assembly shall be implemented no
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407407 1 later than January 1, 2026.
408408 2 (Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
409409 3 (Text of Section after amendment by P.A. 103-210)
410410 4 Sec. 1A-16.1. Automatic voter registration; Secretary of
411411 5 State.
412412 6 (a) The Office of the Secretary of State and the State
413413 7 Board of Elections, pursuant to an interagency contract and
414414 8 jointly adopted jointly-adopted rules, shall establish an
415415 9 automatic voter registration program that satisfies the
416416 10 requirements of this Section and other applicable law.
417417 11 (b) If, as part of an application, an application for
418418 12 renewal, or a change of address form, or a recertification
419419 13 form for a driver's license or a State identification card
420420 14 issued by the Office of the Secretary of State, an applicant
421421 15 presents documentation that establishes that the applicant is
422422 16 a United States citizen, as described in subsection (g), and
423423 17 is of age to register to vote or if the information provided to
424424 18 the Office of the Secretary of State under subsection (c)
425425 19 indicates that the applicant is currently registered to vote
426426 20 in Illinois and, upon reviewing the documents and information
427427 21 submitted by the applicant, the Office of the Secretary of
428428 22 State determines that the name or residence address
429429 23 documentation submitted by the applicant differs from the
430430 24 information regarding the applicant provided under subsection
431431 25 (c) meets the requirements of the federal REAL ID Act of 2005,
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442442 1 then that application shall serve as a dual-purpose
443443 2 application, unless the applicant declines in accordance with
444444 3 subsection (g) of Section 1A-16.7. The dual-purpose
445445 4 application shall:
446446 5 (1) also serve as an application to register to vote
447447 6 in Illinois;
448448 7 (2) allow an applicant to change the applicant's his
449449 8 or her registered residence address or name as it appears
450450 9 on the voter registration rolls;
451451 10 (3) in a single affirmation, including the affirmation
452452 11 required for a driver's license or State identification
453453 12 card, allow the applicant to affirm, under penalty of
454454 13 perjury, to the truth and correctness of the information
455455 14 submitted in the dual-purpose application that is
456456 15 necessary to assess the applicant's eligibility to
457457 16 register to vote or to change the applicant's registered
458458 17 residence address or name as it appears on the voter
459459 18 registration rolls provide the applicant with an
460460 19 opportunity to affirmatively decline to register to vote
461461 20 or to change his or her registered residence address or
462462 21 name by providing a check box on the application form
463463 22 without requiring the applicant to state the reason; and
464464 23 (4) allow the applicant to notify the Office of the
465465 24 Secretary of State of the applicant's preferred language
466466 25 unless the applicant declines to register to vote or
467467 26 change his or her registered residence address or name,
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478478 1 require the applicant to attest, by signature under
479479 2 penalty of perjury as described in subsection (e) of this
480480 3 Section, to meeting the qualifications to register to vote
481481 4 in Illinois at his or her residence address as indicated
482482 5 on his or her driver's license or identification card
483483 6 dual-purpose application.
484484 7 The Office of the Secretary of State shall record the type
485485 8 of documents presented by the applicant that establish that
486486 9 the applicant is a United States citizen as described in
487487 10 subsection (g). The initiation of a dual-purpose application
488488 11 based on documentation establishing United States citizenship
489489 12 shall be automated and not subjected to the discretion of
490490 13 individual employees of the Office of the Secretary of State.
491491 14 (b-5) If, as part of an application, an application for
492492 15 renewal, or a change of address form, or a recertification
493493 16 form for a driver's license or a State identification card
494494 17 issued by the Office of the Secretary of State, other than an
495495 18 application or form that pertains to a standard driver's
496496 19 license or identification card for an applicant who does not
497497 20 have and is not eligible for and does not list a social
498498 21 security number, an applicant presents documentation that
499499 22 neither establishes that the applicant is a United States
500500 23 citizen nor establishes that the applicant is not a United
501501 24 States citizen and the information provided to the Office of
502502 25 the Secretary of State under subsection (c) does not indicate
503503 26 that the applicant is currently registered to vote in Illinois
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514514 1 for the applicant, does not meet the requirements of the
515515 2 federal REAL ID Act of 2005, then that application shall serve
516516 3 as a dual-purpose application. The dual-purpose application
517517 4 that, shall: (1) also serve as an application to register to
518518 5 vote in Illinois; (2) allow an applicant to change his or her
519519 6 registered residence address or name as it appears on the
520520 7 voter registration rolls; and (3) if the applicant chooses to
521521 8 register to vote, shall also serve as an application to
522522 9 register to vote in Illinois. If the applicant chooses to
523523 10 register to vote, the applicant shall be required or to change
524524 11 his or her registered residence address or name, then require
525525 12 the applicant to attest, by a separate signature under penalty
526526 13 of perjury, to meeting the qualifications to register to vote
527527 14 in Illinois at the applicant's his or her residence address as
528528 15 indicated on the his or her dual-purpose application.
529529 16 The dual-purpose application shall allow the applicant to
530530 17 notify the Office of the Secretary of State of the applicant's
531531 18 preferred language.
532532 19 (b-8) If an applicant presents to the Secretary of State
533533 20 documentation that establishes the applicant is not a United
534534 21 States citizen, no application submitted by that applicant
535535 22 shall serve as a dual-purpose application under this Section.
536536 23 (b-10) Before asking any applicant described in subsection
537537 24 (b) to provide the written affirmation described in that
538538 25 subsection, the The Office of the Secretary of State shall
539539 26 clearly and conspicuously inform each applicant in writing:
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550550 1 (i) of the qualifications to register to vote in Illinois; ,
551551 2 (ii) of the penalties provided by law for submission of a false
552552 3 voter registration application, including the
553553 4 immigration-related consequences of incorrectly claiming
554554 5 United States citizenship; and , (iii) that the , unless the
555555 6 applicant declines to register to vote or update his or her
556556 7 voter registration, his or her dual-purpose application shall
557557 8 also serve as both an application to register to vote and his
558558 9 or her attestation that he or she meets the eligibility
559559 10 requirements for voter registration, and that the his or her
560560 11 application to register to vote or update voter his or her
561561 12 registration will be transmitted to the State Board of
562562 13 Elections for the purpose of registering the person to vote at
563563 14 the residence address to be indicated on the applicant's his
564564 15 or her driver's license or identification card, and (iv) that
565565 16 declining to register to vote is confidential and will not
566566 17 affect any services the person may be seeking from the Office
567567 18 of the Secretary of State. The Office of the Secretary of State
568568 19 may provide additional instructions specific to applicants
569569 20 under subsection (b).
570570 21 (b-15) Before asking any applicant described in subsection
571571 22 (b-5) to provide the attestation described in that subsection,
572572 23 the Office of the Secretary of State shall clearly and
573573 24 conspicuously inform each applicant in writing: (i) of the
574574 25 qualifications to register to vote in Illinois; (ii) of the
575575 26 penalties provided by law for submission of a false voter
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586586 1 registration application, including the immigration-related
587587 2 consequences of incorrectly claiming United States citizenship
588588 3 and the opportunity to withdraw an application to avoid the
589589 4 penalties; (iii) that the application shall also serve as an
590590 5 application to register to vote and that the application to
591591 6 register to vote or update voter registration will be
592592 7 transmitted to the State Board of Elections for the purpose of
593593 8 registering the person to vote at the residence address to be
594594 9 indicated on the applicant's driver's license or State
595595 10 identification card, unless the applicant withdraws the
596596 11 application or declines to register to vote or update the
597597 12 applicant's voter registration; and (iv) that declining to
598598 13 register to vote or withdrawing a voter application is
599599 14 confidential and will not affect any services the person may
600600 15 be seeking from the Office of the Secretary of State. The
601601 16 Office of the Secretary of State may provide additional
602602 17 instructions specific to applicants under subsection (b-5).
603603 18 (c) The Office of the Secretary of State shall review
604604 19 information provided to the Office of the Secretary of State
605605 20 by the State Board of Elections to determine whether each
606606 21 inform each applicant for a driver's license or permit or a
607607 22 State identification card issued by the Office of the
608608 23 Secretary of State, other than an application or form that
609609 24 pertains to a standard driver's license or identification card
610610 25 and does not list a social security number for the applicant,
611611 26 whether the applicant under subsections (b) and (b-5) is
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622622 1 currently registered to vote in Illinois and, if registered,
623623 2 at what address, and shall inform each applicant for a
624624 3 driver's license or permit or State identification card issued
625625 4 by the Office of the Secretary of State whether the applicant
626626 5 is currently registered and, if registered, at what address.
627627 6 (d) The Office of the Secretary of State shall not require
628628 7 an applicant for a driver's license or State identification
629629 8 card to provide duplicate identification or information in
630630 9 order to complete an application to register to vote or change
631631 10 his or her registered residence address or name. Before
632632 11 transmitting any personal information about an applicant to
633633 12 the State Board of Elections, the Office of the Secretary of
634634 13 State shall review its records of the identification documents
635635 14 the applicant provided in order to complete the application
636636 15 for a driver's license or State identification card, to
637637 16 confirm that nothing in those documents indicates that the
638638 17 applicant does not satisfy the qualifications to register to
639639 18 vote in Illinois at his or her residence address. If the
640640 19 applicant provides the Office of the Secretary of State with
641641 20 an address designated by the Attorney General as a substitute
642642 21 mailing address under Section 15 of the Address
643643 22 Confidentiality for Victims of Domestic Violence, Sexual
644644 23 Assault, Human Trafficking, or Stalking Act or is a judicial
645645 24 officer of peace officer who provides the Office of the
646646 25 Secretary of State with a work address instead of a residence
647647 26 address, as authorized by subsection (a) of Section 6-106 of
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658658 1 the Illinois Vehicle Code, the applicant shall not be offered
659659 2 voter registration by the Office of the Secretary of State.
660660 3 (e) A completed, signed application for (i) a driver's
661661 4 license or permit or a State identification card issued by the
662662 5 Office of the Secretary of State that includes the
663663 6 presentation of documentation that establishes that the
664664 7 applicant is a United States citizen and is of age to register
665665 8 to vote or for which the information provided to the Office of
666666 9 the Secretary of State under subsection (c) indicates that the
667667 10 applicant is currently registered to vote in Illinois, that
668668 11 meets the requirements of the federal REAL ID Act of 2005; or
669669 12 (ii) a completed application under subsection (b-5) of this
670670 13 Section with a separate signature attesting the applicant
671671 14 meets the qualifications to register to vote in Illinois at
672672 15 his or her residence address as indicated on his or her
673673 16 application shall constitute a signed application to register
674674 17 to vote in Illinois at the residence address indicated in the
675675 18 application unless the person affirmatively declined in the
676676 19 application to register to vote or to change his or her
677677 20 registered residence address or name. If the identification
678678 21 documents provided to complete the dual-purpose application
679679 22 indicate that the applicant he or she does not satisfy the
680680 23 qualifications to register to vote in Illinois at the
681681 24 specified his or her residence address, the application shall
682682 25 be marked as incomplete.
683683 26 (f) For each completed and signed application that
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694694 1 constitutes an application to register to vote in Illinois or
695695 2 provides for a change in the applicant's registered residence
696696 3 address or name, the Office of the Secretary of State shall
697697 4 electronically transmit to the State Board of Elections
698698 5 personal information needed to complete the person's
699699 6 registration to vote in Illinois at the specified his or her
700700 7 residence address, including the applicant's choice language
701701 8 preference as indicated by the applicant or as otherwise
702702 9 collected by the Office of the Secretary of State during the
703703 10 licensing, or identification card transaction. The application
704704 11 to register to vote shall be processed in accordance with
705705 12 Section 1A-16.7.
706706 13 (g) Documentation that establishes that the applicant is a
707707 14 United States citizen shall include:
708708 15 (1) a valid, unexpired United States passport or
709709 16 passport card or a United States passport or passport card
710710 17 that has been expired for no more than 2 years;
711711 18 (2) a certified copy of a birth certificate filed with
712712 19 the Division of Vital Records or an equivalent agency in
713713 20 the individual's state of birth;
714714 21 (3) a Consular Report of Birth Abroad issued by the
715715 22 United States Department of State, Form FS-240, DS-1350,
716716 23 or FS-545; and
717717 24 (4) a Certificate of Citizenship issued by the United
718718 25 States Department of Homeland Security, Form N-560 or form
719719 26 N-561. If the federal REAL ID Act of 2005 is repealed,
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730730 1 abrogated, superseded, or otherwise no longer in effect,
731731 2 then the State Board of Elections shall establish criteria
732732 3 for determining reliable personal information indicating
733733 4 citizenship status and shall adopt rules as necessary for
734734 5 the Secretary of State to continue processing dual-purpose
735735 6 applications under this Section.
736736 7 (h) As used in this Section, "dual-purpose application"
737737 8 means an application, an application for renewal or , a change
738738 9 of address form, or a recertification form for driver's
739739 10 license or permit or a State identification card offered by
740740 11 the Secretary of State, other than an application or form that
741741 12 pertains to a standard driver's license or identification card
742742 13 for an applicant who does not have and is not eligible for, a
743743 14 social security number and does not list a social security
744744 15 number for the applicant, that also serves as an application
745745 16 to register to vote in Illinois. "Dual-purpose application"
746746 17 does not mean an application under subsection (c) of Section
747747 18 6-109 of the Illinois Vehicle Code.
748748 19 (i) The changes made to this Section by this amendatory
749749 20 Act of the 103rd General Assembly shall be implemented no
750750 21 later than January 1, 2026.
751751 22 (Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
752752 23 (10 ILCS 5/1A-16.2)
753753 24 Sec. 1A-16.2. Automatic voter registration; designated
754754 25 automatic voter registration agencies.
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765765 1 (a) Each designated automatic voter registration agency
766766 2 shall, pursuant to an interagency contract and jointly adopted
767767 3 jointly-adopted rules with the State Board of Elections, agree
768768 4 to participate in an automatic voter registration program
769769 5 established by the State Board of Elections that satisfies the
770770 6 requirements of this Section and other applicable law. If the
771771 7 designated automatic voter registration agency provides
772772 8 applications, applications for renewal, change of address
773773 9 forms, filing, or recertification forms to individuals for
774774 10 services offered by another agency, then the State Board of
775775 11 Elections and the designated automatic voter agency shall
776776 12 consult with the other agency. The State Board of Elections
777777 13 shall consider the current technological capabilities of the
778778 14 designated voter registration agency when drafting interagency
779779 15 contracts and jointly adopted jointly-adopted rules. The State
780780 16 Board of Elections and the designated automatic voter
781781 17 registration agency shall amend these contracts and rules as
782782 18 the technological capabilities of the designated voter
783783 19 registration agencies improve.
784784 20 (b) As provided in subsection (a) of this Section, each
785785 21 designated automatic voter registration agency that collects
786786 22 or cross-references reliable personal information indicating
787787 23 citizenship status may provide that an application or form for
788788 24 a license, permit, program, or service described in subsection
789789 25 (a) for which, as part of the application, the applicant
790790 26 presents documentation that establishes that the applicant is
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801801 1 a United States citizen as described in subsection (g) of
802802 2 Section 1A-16.1, or for which, as part of the application, the
803803 3 agency cross-references reliable personal information that
804804 4 establishes that the applicant is a United States citizen
805805 5 shall serve as a dual-purpose application, unless the
806806 6 applicant declines in accordance with subsection (g) of
807807 7 Section 1A-16.7. The dual-purpose application shall:
808808 8 (1) also serve as an application to register to vote
809809 9 in Illinois;
810810 10 (2) allow an applicant to change the applicant's his
811811 11 or her registered residence address or name as it appears
812812 12 on the voter registration rolls;
813813 13 (3) in a single affirmation including the affirmation
814814 14 required for the designated automatic voter registration
815815 15 agency's application, allow the applicant to affirm, under
816816 16 penalty of perjury, to the truth and correctness of
817817 17 information submitted in the dual-purpose application that
818818 18 is necessary to assess the applicant's eligibility to
819819 19 register to vote or to change the applicant's registered
820820 20 residence address or name as it appears on the voter
821821 21 registration rolls provide the applicant with an
822822 22 opportunity to affirmatively decline to register to vote
823823 23 or change his or her registered residence address or name
824824 24 by providing a check box on the application form without
825825 25 requiring the applicant to state the reason; and
826826 26 (4) allow the applicant to notify the agency of the
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837837 1 applicant's preferred language unless the applicant
838838 2 declines to register to vote or to change his or her
839839 3 registered residence address or name, require the
840840 4 applicant to attest, by signature under penalty of
841841 5 perjury, to meeting the qualifications to register to vote
842842 6 in Illinois at his or her residence address as indicated
843843 7 on his or her dual-purpose application.
844844 8 The agency shall record the type of document presented by
845845 9 the applicant that establishes that the applicant is a United
846846 10 States citizen as described in subsection (g) of Section
847847 11 1A-16.1.
848848 12 (c) As provided in subsection (a) of this Section, each
849849 13 designated automatic voter registration agency that does not
850850 14 collect or cross-reference records containing reliable
851851 15 personal information indicating citizenship status may provide
852852 16 that an application or , an application for renewal, a change
853853 17 of address form, or a recertification form for a license,
854854 18 permit, program, or service described in subsection (a), other
855855 19 than applications or forms described in subsection (b), shall
856856 20 serve as a dual-purpose application. The dual-purpose
857857 21 application shall:
858858 22 (1) also serve as an application to register to vote
859859 23 in Illinois;
860860 24 (2) allow an applicant to change his or her registered
861861 25 residence address or name as it appears on the voter
862862 26 registration rolls; and
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873873 1 (3) if the applicant chooses to register to vote or to
874874 2 change the applicant's his or her registered residence
875875 3 address or name, then require the applicant to attest, by
876876 4 a separate signature under penalty of perjury, to meeting
877877 5 the qualifications to register to vote in Illinois at his
878878 6 or her residence address as indicated on his or her
879879 7 dual-purpose application; and .
880880 8 (4) allow the applicant to notify the agency of the
881881 9 applicant's preferred language.
882882 10 (c-1) If an applicant presents documentation to the
883883 11 designated automatic voter registration agency that
884884 12 establishes that the applicant is not a United States citizen
885885 13 or the applicant attests that the applicant is not a United
886886 14 States citizen, no application submitted by that applicant
887887 15 shall serve as a dual-purpose application under this Section.
888888 16 (c-5) Before asking any applicant described in subsection
889889 17 (b) of this Section to provide the affirmation described in
890890 18 that subsection, the The designated automatic voter
891891 19 registration agency shall clearly and conspicuously inform
892892 20 each applicant in writing: (i) of the qualifications to
893893 21 register to vote in Illinois; , (ii) of the penalties provided
894894 22 by law for submission of a false voter registration
895895 23 application, including the immigration-related consequences of
896896 24 incorrectly claiming United States citizenship; (iii) that the
897897 25 application shall serve as an application to register to vote
898898 26 or change the applicant's voter registration, and that the
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909909 1 application , unless the applicant declines to register to
910910 2 vote or update his or her voter registration, his or her
911911 3 application shall also serve as both an application to
912912 4 register to vote and his or her attestation that he or she
913913 5 meets the eligibility requirements for voter registration, and
914914 6 that his or her application to register to vote or update his
915915 7 or her registration will be transmitted to the State Board of
916916 8 Elections for the purpose of registering the person to vote at
917917 9 the residence address to be indicated on the dual-purpose
918918 10 application; , (iv) that information identifying the agency at
919919 11 which he or she applied to register to vote is confidential; ,
920920 12 (v) that declining to register to vote is confidential and
921921 13 will not affect any services the person may be seeking from the
922922 14 agency, and (v) (vi) any additional information needed in
923923 15 order to comply with Section 7 of the federal National Voter
924924 16 Registration Act of 1993. The designated automatic voter
925925 17 registration agency may provide additional instructions
926926 18 specific to applicants under subsection (b).
927927 19 (c-10) Before asking any applicant described in subsection
928928 20 (c) to provide the attestation described in that subsection,
929929 21 the designated automatic voter registration agency shall
930930 22 clearly and conspicuously inform each applicant in writing:
931931 23 (i) of the qualifications to register to vote in Illinois;
932932 24 (ii) of the penalties provided by law for submission of a false
933933 25 voter registration application, including the
934934 26 immigration-related consequences of incorrectly claiming
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945945 1 United States citizenship, and the opportunity to withdraw an
946946 2 application to avoid the penalties; (iii) that the application
947947 3 shall also serve as an application to register to vote or
948948 4 update the applicant's voter registration and that the
949949 5 application to register to vote or update voter registration
950950 6 will be transmitted to the State Board of Elections for the
951951 7 purpose of registering the person to vote at the residence
952952 8 address to be indicated on the dual-purpose application,
953953 9 unless the applicant withdraws the application or declines to
954954 10 register to vote or update the applicant's voter registration;
955955 11 (iv) that information identifying the agency at which the
956956 12 applicant applied to register to vote is confidential; (v)
957957 13 that withdrawing a voter registration application or otherwise
958958 14 declining to register to vote is confidential and will not
959959 15 affect any services the person may be seeking from the agency;
960960 16 and (vi) any additional information needed in order to comply
961961 17 with Section 7 of the federal National Voter Registration Act
962962 18 of 1993. The designated automatic voter registration agency
963963 19 may provide additional instructions specific to applicants
964964 20 under subsection (c).
965965 21 (d) The designated automatic voter registration agency
966966 22 shall review information provided to the agency by the State
967967 23 Board of Elections to inform each applicant covered by
968968 24 subsection (c) whether the applicant is currently registered
969969 25 to vote in Illinois and, if registered, at what address.
970970 26 (e) The designated automatic voter registration agency
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981981 1 shall not require an applicant for a dual-purpose application
982982 2 to provide duplicate identification or information in order to
983983 3 complete an application to register to vote or change the
984984 4 applicant's his or her registered residence address or name.
985985 5 Before transmitting any personal information about an
986986 6 applicant to the State Board of Elections, the agency shall
987987 7 review its records of the identification documents the
988988 8 applicant provided or that the agency cross-references in
989989 9 order to complete the dual-purpose application, to confirm
990990 10 that nothing in those documents indicates that the applicant
991991 11 does not satisfy the qualifications to register to vote in
992992 12 Illinois at the applicant's his or her residence address. A
993993 13 completed and signed dual-purpose application, including a
994994 14 completed application under subsection (c) of this Section
995995 15 with a separate signature attesting that the applicant meets
996996 16 the qualifications to register to vote in Illinois at the his
997997 17 or her residence address as indicated on the his or her
998998 18 application, shall constitute an application to register to
999999 19 vote in Illinois at the residence address indicated in the
10001000 20 application unless the person affirmatively declined in the
10011001 21 application to register to vote or to change his or her
10021002 22 registered residence address or name. If the identification
10031003 23 documents provided to complete the dual-purpose application,
10041004 24 or that the agency cross-references, indicate that the
10051005 25 applicant he or she does not satisfy the qualifications to
10061006 26 register to vote in Illinois at his or her residence address,
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10171017 1 the application shall be marked as incomplete. If the
10181018 2 applicant provides the Office of the Secretary of State with
10191019 3 an address designated by the Attorney General as a substitute
10201020 4 mailing address under Section 15 of the Address
10211021 5 Confidentiality for Victims of Domestic Violence, Sexual
10221022 6 Assault, Human Trafficking, or Stalking Act or is a judicial
10231023 7 officer of peace officer who provides the Office of the
10241024 8 Secretary of State with a work address instead of a residence
10251025 9 address, as authorized by subsection (a) of Section 6-106 of
10261026 10 the Illinois Vehicle Code, the applicant shall not be offered
10271027 11 voter registration by the Office of the Secretary of State.
10281028 12 (f) For each completed and signed dual-purpose application
10291029 13 that constitutes an application to register to vote in
10301030 14 Illinois or provides for a change in the applicant's
10311031 15 registered residence address or name, the designated automatic
10321032 16 voter registration agency shall electronically transmit to the
10331033 17 State Board of Elections personal information needed to
10341034 18 complete the person's registration to vote in Illinois at his
10351035 19 or her residence address, including the applicant's language
10361036 20 preference as indicated by the applicant or as otherwise
10371037 21 collected by the designated automatic voter registration
10381038 22 agency in the course of receiving applications and other forms
10391039 23 regarding licenses, permits, programs, and services offered by
10401040 24 the designated automatic voter registration agency. The
10411041 25 application to register to vote shall be processed in
10421042 26 accordance with Section 1A-16.7.
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10531053 1 (g) As used in this Section:
10541054 2 "Designated automatic voter registration agency" or
10551055 3 "agency" means the divisions of Family and Community
10561056 4 Services and Rehabilitation Services of the Department of
10571057 5 Human Services, the Department of Employment Security, the
10581058 6 Department of Financial and Professional Regulation, the
10591059 7 Department of Natural Resources, or an agency of the
10601060 8 local, tribal, State, or federal government that has been
10611061 9 determined by the State Board of Elections to have access
10621062 10 to reliable personal information and has entered into an
10631063 11 interagency contract with the State Board of Elections to
10641064 12 participate in the automatic voter registration program
10651065 13 under this Section.
10661066 14 "Dual-purpose application" means an application, an
10671067 15 application for renewal, a change of address form, or a
10681068 16 recertification form for a license, permit, program, or
10691069 17 service offered by a designated automatic voter
10701070 18 registration agency that also serves as an application to
10711071 19 register to vote in Illinois.
10721072 20 "Reliable personal information" means information
10731073 21 about individuals obtained from government sources that
10741074 22 may be used to verify whether an individual is eligible to
10751075 23 register to vote.
10761076 24 (h) (Blank). This Section shall be implemented no later
10771077 25 than July 1, 2019.
10781078 26 (i) The Department of Healthcare and Family Services shall
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10891089 1 implement, as permitted by applicable federal law, an
10901090 2 automatic voter registration system under this Section for
10911091 3 applicants for Illinois Medicaid no later than July 1, 2026.
10921092 4 The Department of Healthcare and Family Services, or its
10931093 5 agent, may perform the procedures described in subsections
10941094 6 (f), (g), and (g-5) of Section 1A-16.7 and electronically
10951095 7 transmit to the State Board of Elections the personal
10961096 8 information needed to complete an applicant's registration to
10971097 9 vote in Illinois at his or her residence address for each
10981098 10 applicant who does not decline to be registered or decline an
10991099 11 update. The procedures and notices described in subsections
11001100 12 (f), (g), and (g-5) of Section 1A- 16.7 may be modified to the
11011101 13 extent necessary to comply with applicable federal law. For
11021102 14 purposes of this subsection, the State Board of Elections may
11031103 15 serve as the agent of the Department of Healthcare and Family
11041104 16 Services.
11051105 17 (j) If an agency under this Section receives documentation
11061106 18 that an applicant is a United States citizen, as described in
11071107 19 subsection (g) of Section 1A-16.1, or the agency
11081108 20 cross-references reliable personal information that
11091109 21 establishes that the applicant is a United States citizen for
11101110 22 more than one person listed on an application for a license,
11111111 23 permit, program, or service, each person for whom the agency
11121112 24 receives the documentation or reliable personal information
11131113 25 may be considered an applicant under this Section and the
11141114 26 application may serve as a dual-purpose application for each
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11251125 1 person.
11261126 2 (k) The changes made to this Section by this amendatory
11271127 3 Act of the 103rd General Assembly shall be implemented no
11281128 4 later than January 1, 2026.
11291129 5 (Source: P.A. 100-464, eff. 8-28-17.)
11301130 6 (10 ILCS 5/1A-16.3 new)
11311131 7 Sec. 1A-16.3. Language assistance.
11321132 8 (a) Every facility operated by the Driver Services
11331133 9 Department of the Office of the Secretary of State and all
11341134 10 facilities of a designated voter registration agency located
11351135 11 in a political subdivision covered by Section 203 of the
11361136 12 federal Voting Rights Act shall display and make plainly
11371137 13 visible signage informing applicants about the type of
11381138 14 language assistance available. The signage shall be in the
11391139 15 covered languages applicable for the political subdivision.
11401140 16 (b) Every facility operated by the Driver Services
11411141 17 Department of the Office of the Secretary of State and all
11421142 18 facilities of a designated voter registration agency located
11431143 19 in a political subdivision covered by Section 203 of the
11441144 20 federal Voting Rights Act shall make available, in the covered
11451145 21 languages, all written materials and verbal communication
11461146 22 regarding voter registration for the purpose of processing the
11471147 23 applicant's dual-purpose application described in Sections
11481148 24 1A-16.1 and 1A-16.2. These materials shall include the notices
11491149 25 described in subsection (b-10) of Section 1A-16.1 and
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11601160 1 subsection (e) of Section 2-105 of the Illinois Vehicle Code,
11611161 2 the affirmations described in paragraph (3) of subsection (b)
11621162 3 of Section 1A-16.1 and paragraph (3) of subsection (b) of
11631163 4 Section 1A-16.2, and the attestations described in subsection
11641164 5 (b-5) of Section 1A-16.1 and paragraph (3) of subsection (c)
11651165 6 of Section 1A-16.2.
11661166 7 (c) In addition to the requirements under subsections (a)
11671167 8 and (b), every facility operated by the Driver Services
11681168 9 Department of the Office of the Secretary of State and all
11691169 10 designated automatic voter registration agencies as defined in
11701170 11 subsection (g) of Section 1A-16.2 shall make available, in the
11711171 12 5 most common non-English languages in this State, all written
11721172 13 materials provided to an applicant for the purpose of
11731173 14 processing the applicant's dual-purpose application as
11741174 15 described in Sections 1A-16.1 and 1A-16.2. These materials
11751175 16 shall include, but not be limited to, the notices described in
11761176 17 subsection (b-10) of Section 1A-16.1 and subsection (e) of
11771177 18 Section 2-105 of the Illinois Vehicle Code, the affirmations
11781178 19 described in paragraph (3) of subsection (b) of Section
11791179 20 1A-16.1 and paragraph (3) of subsection (b) of Section
11801180 21 1A-16.2, and the attestations described in subsection (b-5) of
11811181 22 Section 1A-16.1 and paragraph (3) of subsection (c) of Section
11821182 23 1A-16.2. The Office of the Secretary of the State shall
11831183 24 determine the 5 most common non-English languages in this
11841184 25 State by referring to the best available data from the United
11851185 26 States Census Bureau or other sources that the Office of the
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11961196 1 Secretary of the State considers relevant and reliable.
11971197 2 (10 ILCS 5/1A-16.7)
11981198 3 Sec. 1A-16.7. Automatic voter registration.
11991199 4 (a) The State Board of Elections shall establish and
12001200 5 maintain a portal for automatic government agency voter
12011201 6 registration that permits an eligible person to electronically
12021202 7 apply to register to vote or to update his or her existing
12031203 8 voter registration as provided in Section 1A-16.1 or Section
12041204 9 1A-16.2. The portal shall interface with the online voter
12051205 10 registration system established in Section 1A-16.5 of this
12061206 11 Code and shall be capable of receiving and processing voter
12071207 12 registration application information, including electronic
12081208 13 signatures, from the Office of the Secretary of State and each
12091209 14 designated automatic voter registration agency, as defined in
12101210 15 Section 1A-16.2. The State Board of Elections may
12111211 16 cross-reference voter registration information from any
12121212 17 designated automatic voter registration agency, as defined
12131213 18 under Section 1A-16.2 of this Code, with information contained
12141214 19 in the database of the Secretary of State as provided under
12151215 20 subsection (c) of Section 1A-16.5 of this Code. The State
12161216 21 Board of Elections shall modify the online voter registration
12171217 22 system as necessary to implement this Section.
12181218 23 (b) Voter registration data received from the Office of
12191219 24 the Secretary of State or a designated automatic voter
12201220 25 registration agency through the online registration
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12311231 1 application system shall be processed as provided in Section
12321232 2 1A-16.5 of this Code.
12331233 3 (c) The State Board of Elections shall establish technical
12341234 4 specifications applicable to each automatic government
12351235 5 registration program, including data format and transmission
12361236 6 specifications. The Office of the Secretary of State and each
12371237 7 designated automatic voter registration agency shall maintain
12381238 8 a data transfer mechanism capable of transmitting voter
12391239 9 registration application information, including electronic
12401240 10 signatures where available, to the online voter registration
12411241 11 system established in Section 1A-16.5 of this Code.
12421242 12 (d) The State Board of Elections shall, by rule, establish
12431243 13 criteria and procedures for determining whether an agency of
12441244 14 the State or federal government seeking to become a designated
12451245 15 automatic voter registration agency in the course of receiving
12461246 16 applications and other forms regarding licenses, permits,
12471247 17 programs, and services offered by the agency, receives
12481248 18 documentation that an applicant is a United States citizen, as
12491249 19 described in subsection (g) of Section 1A-16.1, or has access
12501250 20 to reliable personal information, as defined under this
12511251 21 subsection (d) and subsection (f) of Section 1A-16.2 of this
12521252 22 Code, and otherwise meets the requirements to enter into an
12531253 23 interagency contract and to operate as a designated automatic
12541254 24 voter registration agency. The State Board of Elections shall
12551255 25 approve each interagency contract upon affirmative vote of a
12561256 26 majority of its members.
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12671267 1 As used in this subsection (d), "reliable personal
12681268 2 information" means information about individuals obtained from
12691269 3 government sources that may be used to verify whether an
12701270 4 individual is eligible to register to vote.
12711271 5 (e) Whenever an applicant's data is transferred from the
12721272 6 Office of the Secretary of State or a designated automatic
12731273 7 voter registration agency, the agency must transmit a
12741274 8 signature image if available. If no signature image was
12751275 9 provided by the agency and , or if no signature image is
12761276 10 available in the Office of the Secretary of State's database
12771277 11 or the statewide voter registration database, or other
12781278 12 database available to the State Board of Elections, the
12791279 13 applicant must be notified that voter his or her registration
12801280 14 will remain in a pending status until the applicant: , and the
12811281 15 applicant will be required to
12821282 16 (1) provides provide identification that complies with
12831283 17 the federal Help America Vote Act of 2002 and a signature
12841284 18 to the election authority on election day in the polling
12851285 19 place or during early voting; .
12861286 20 (2) provides identification that complies with the
12871287 21 federal Help America Vote Act of 2002 and a signature with
12881288 22 a mail ballot, or provides a signature in accordance with
12891289 23 the procedures described in subsection (g-5) of Section
12901290 24 19-8; or
12911291 25 (3) provides a signature in response to the notice
12921292 26 described in subsection (g) or by other paper or
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13031303 1 electronic means determined by the State Board of
13041304 2 Elections.
13051305 3 (f) Upon receipt of personal information collected and
13061306 4 transferred by the Office of the Secretary of State or a
13071307 5 designated automatic voter registration agency, the State
13081308 6 Board of Elections shall check the information against the
13091309 7 statewide voter registration database. The State Board of
13101310 8 Elections shall create and electronically transmit to the
13111311 9 appropriate election authority a voter registration
13121312 10 application for any individual who is not registered to vote
13131313 11 in Illinois and is not disqualified as provided in this
13141314 12 Section or whose information reliably indicates a more recent
13151315 13 update to the name or address of a person already included in
13161316 14 the statewide voter database. The election authority shall
13171317 15 process the application accordingly. If the individual
13181318 16 provides the Office of the Secretary of State or a designated
13191319 17 automatic voter registration agency with an address designated
13201320 18 by the Attorney General as a substitute mailing address under
13211321 19 Section 15 of the Address Confidentiality for Victims of
13221322 20 Domestic Violence, Sexual Assault, Human Trafficking, or
13231323 21 Stalking Act or if the State Board of Elections otherwise
13241324 22 determines that the individual is a program participant under
13251325 23 Section 10 of the Address Confidentiality for Victims of
13261326 24 Domestic Violence, Sexual Assault, Human Trafficking, or
13271327 25 Stalking Act, the State Board of Elections shall not create or
13281328 26 electronically transmit to an election authority a voter
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13391339 1 registration the application for the individual. If a judicial
13401340 2 officer or peace officers provides the Office of the Secretary
13411341 3 of State with a work address instead of a residence address as
13421342 4 authorized by paragraph (a) of Section 6-109 of the Illinois
13431343 5 Vehicle Code, the State Board of elections shall not create or
13441344 6 electronically transmit to an election authority a voter
13451345 7 registration application for the individual. The State Board
13461346 8 of Elections may provide alternative voter registration
13471347 9 procedures for the individuals described in this subsection.
13481348 10 (g) The appropriate election authority shall ensure that
13491349 11 any applicant about whom it receives information from the
13501350 12 State Board of Elections under subsection (f) who is
13511351 13 registered to vote or whose existing voter registration is
13521352 14 updated under this Section is promptly sent written notice of
13531353 15 the change. The notice required by this subsection (g) may be
13541354 16 sent or combined with other notices required or permitted by
13551355 17 law, including, but not limited to, any notices sent pursuant
13561356 18 to Section 1A-16.5 of this Code. Any notice required by this
13571357 19 subsection (g) shall contain, at a minimum: (i) the
13581358 20 applicant's name and residential address as reflected on the
13591359 21 voter registration list; (ii) a statement notifying the
13601360 22 applicant to contact the appropriate election authority if his
13611361 23 or her voter registration has been updated in error; (iii) the
13621362 24 qualifications to register to vote in Illinois; (iv) a
13631363 25 statement notifying the applicant that he or she may opt out of
13641364 26 voter registration or request a change to his or her
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13751375 1 registration information at any time by contacting an election
13761376 2 official; and (iii) (v) contact information for the
13771377 3 appropriate election authority, including a phone number,
13781378 4 address, electronic mail address, and website address.
13791379 5 For an applicant under subsection (b) of Section 1A-16.1
13801380 6 or subsection (b) of Section 1A-16.2 who is not currently
13811381 7 registered to vote in Illinois, the notice shall be sent
13821382 8 within 5 business days after the transmission of the voter
13831383 9 registration application to the election authority and shall
13841384 10 contain:
13851385 11 (1) the following statement: "After your recent visit
13861386 12 to [an Illinois Secretary of State Driver Services
13871387 13 Facility, or designated automatic voter registration
13881388 14 agency] we started an automatic voter registration process
13891389 15 for you. You will be registered to vote unless you
13901390 16 complete, sign, and return this card by [deadline date].";
13911391 17 (2) the notices required by Section 5(c)(2) of the
13921392 18 National Voter Registration Act of 1993; and
13931393 19 (3) an opportunity to provide a signature as described
13941394 20 in subsection (e) and to select a language for election
13951395 21 materials if applicable to the jurisdiction, by prepaid
13961396 22 postage.
13971397 23 For an applicant under subsection (b) of Section 1A-16.1
13981398 24 or subsections (b) of Section 1A-16.2 who is currently
13991399 25 registered to vote in Illinois and whose application contains
14001400 26 a change in the applicant's registered residence address or
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14111411 1 name, the notice shall be sent within 5 business days after the
14121412 2 transmission of the voter registration application to the
14131413 3 election authority and shall contain:
14141414 4 (1) the following statement: "After your recent visit
14151415 5 to [an Illinois Secretary of State Driver Services
14161416 6 Facility or designated automatic voter registration
14171417 7 agency], we started an update to your voter registration.
14181418 8 Your voter registration will be updated unless you
14191419 9 complete, sign and return this card by [deadline date].";
14201420 10 (2) the notices required by Section 5(c)(2) of the
14211421 11 National Voter Registration Act of 1993; and
14221422 12 (3) an opportunity to provide a signature as described
14231423 13 in subsection (e), and to select a language for election
14241424 14 materials if applicable to the jurisdiction, by prepaid
14251425 15 postage.
14261426 16 Any notice required by this subsection shall, at a
14271427 17 minimum, be provided in languages for which there is coverage
14281428 18 for the jurisdiction of the election authority under Section
14291429 19 203 of the federal Voting Rights Act, as identified by the
14301430 20 United States Census Bureau in the Federal Register. Any
14311431 21 notice required by this subsection must also comply with all
14321432 22 applicable, federal, State, and local laws, regulations, and
14331433 23 ordinances that relate to providing language access to
14341434 24 individuals with limited English proficiency. If the State
14351435 25 Board of Elections has received language preference
14361436 26 information regarding the applicant and has transmitted that
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14471447 1 information to the appropriate election authority, the
14481448 2 appropriate election authority shall take all practicable
14491449 3 measures to send the notice to the applicant in the
14501450 4 applicant's preferred language.
14511451 5 (g-5) If an applicant under subsection (b) of Section
14521452 6 1A-16.1 or subsection (b) of Section 1A-16.2 returns the
14531453 7 notice described in subsection (g) declining to be registered
14541454 8 within 23 days after the mailing of the notice, the applicant
14551455 9 shall not be registered to vote and the applicant shall be
14561456 10 deemed not to have attempted to register to vote. If an
14571457 11 applicant under subsection (b) of Section 1A-16.1 or
14581458 12 subsection (b) of Section 1A-16.2 returns the notice described
14591459 13 in subsection (g) declining or correcting the update within 23
14601460 14 days after the mailing of the notice, the applicant's update
14611461 15 shall be declined or corrected in the statewide voter
14621462 16 registration database. If an applicant returns the notice
14631463 17 described in subsection (g) but does not do so within 23 days
14641464 18 after the mailing of the notice, then the applicant shall be
14651465 19 registered to vote under the name and address contained in the
14661466 20 dual-purpose application. If an applicant returns the notice
14671467 21 described in subsection (g) declining to be registered or
14681468 22 declining or correcting the update more than 23 days after the
14691469 23 mailing of the notice, then the notice shall be processed as a
14701470 24 request to cancel or update the applicant's registration.
14711471 25 During the 23-day period specified in this subsection, an
14721472 26 applicant's voter registration or updated voter registration
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14831483 1 shall be in a pending status.
14841484 2 (g-6) If an applicant under subsection (b) of Section
14851485 3 1A-16.1 or subsection (b) of Section 1A-16.2 returns the
14861486 4 notice indicating a language preference, the language
14871487 5 preference shall be retained as part of the person's
14881488 6 registration information.
14891489 7 (h) The appropriate election authority shall ensure that
14901490 8 any applicant whose voter registration application is not
14911491 9 accepted or deemed incomplete is promptly sent written notice
14921492 10 of the application's status. The notice required by this
14931493 11 subsection may be sent or combined with other notices required
14941494 12 or permitted by law, including, but not limited to, any
14951495 13 notices sent pursuant to Section 1A-16.5 of this Code. Any
14961496 14 notice required by this subsection (h) shall contain, at a
14971497 15 minimum, the reason the application was not accepted or deemed
14981498 16 incomplete and contact information for the appropriate
14991499 17 election authority, including a phone number, address,
15001500 18 electronic mail address, and website address.
15011501 19 (i) If the Office of the Secretary of State or a designated
15021502 20 automatic voter registration agency transfers information, or
15031503 21 if the State Board of Elections creates and transmits a voter
15041504 22 registration application, for a person who does not qualify as
15051505 23 an eligible voter, then it shall not constitute a completed
15061506 24 voter registration form, and the person shall not be
15071507 25 considered to have registered to vote. The Office of the
15081508 26 Secretary of State, a designated automatic voter registration
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15191519 1 agency, and the State Board of Elections shall provide a means
15201520 2 by which customers may report the potential transfer of
15211521 3 information or transmission of a voter registration
15221522 4 application for a person who does not meet voter registration
15231523 5 qualifications.
15241524 6 (j) If the registration is processed by any election
15251525 7 authority, then it shall be presumed to have been effected and
15261526 8 officially authorized by the State, and that person shall not
15271527 9 be found on that basis to have made a false claim to
15281528 10 citizenship or to have committed an act of moral turpitude,
15291529 11 nor shall that person be subject to penalty under any relevant
15301530 12 laws, including, but not limited to, Sections 29-10 and 29-19
15311531 13 of this Code. This subsection (j) does not apply to a person
15321532 14 who knows that he or she is not entitled to register to vote
15331533 15 and who willfully votes, registers to vote, or attests under
15341534 16 penalty of perjury that he or she is eligible to register to
15351535 17 vote or willfully attempts to vote or to register to vote.
15361536 18 (k) The State Board of Elections, the Office of the
15371537 19 Secretary of State, and each designated automatic voter
15381538 20 registration agency shall implement policies and procedures to
15391539 21 protect the privacy and security of voter information as it is
15401540 22 acquired, stored, and transmitted among agencies, including
15411541 23 policies for the retention and preservation of voter
15421542 24 information. Information designated as confidential under this
15431543 25 Section may be recorded and shared among the State Board of
15441544 26 Elections, election authorities, the Office of the Secretary
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15551555 1 of State, and designated automatic voter registration
15561556 2 agencies, but shall be used only for voter registration
15571557 3 purposes, shall not be disclosed to the public except in the
15581558 4 aggregate as required by subsection (m) of this Section, and
15591559 5 shall not be subject to the Freedom of Information Act. The
15601560 6 following information shall be designated as confidential:
15611561 7 (1) any portion of an applicant's Social Security
15621562 8 number;
15631563 9 (2) any portion of an applicant's driver's license
15641564 10 number or State identification number;
15651565 11 (3) an applicant's decision to decline voter
15661566 12 registration;
15671567 13 (4) the identity of the person providing information
15681568 14 relating to a specific applicant; and
15691569 15 (5) the personal residence and contact information of
15701570 16 any applicant for whom notice has been given by an
15711571 17 appropriate legal authority; and .
15721572 18 (6) the personal residence and contact information
15731573 19 relating to an applicant who returns a notice described
15741574 20 subsection (g) declining to register to vote that was
15751575 21 received by the election authority within 23 days after
15761576 22 mailing the notice or for whom the 23-day period has not
15771577 23 passed.
15781578 24 This subsection (k) shall not apply to information the
15791579 25 State Board of Elections is required to share with the
15801580 26 Electronic Registration Information Center.
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15911591 1 (l) The voter registration procedures implemented under
15921592 2 this Section shall comport with the federal National Voter
15931593 3 Registration Act of 1993, as amended, and shall specifically
15941594 4 require that the State Board of Elections track registration
15951595 5 data received through the online registration system that
15961596 6 originated from a designated automatic voter registration
15971597 7 agency for the purposes of maintaining statistics.
15981598 8 Nothing in this Code shall require designated voter
15991599 9 registration agencies to transmit information that is
16001600 10 confidential client information under State or federal law
16011601 11 without the consent of the applicant.
16021602 12 (m) The State Board of Elections, each election authority
16031603 13 that maintains a website, the Office of the Secretary of
16041604 14 State, and each designated automatic voter registration agency
16051605 15 that maintains a website shall provide information on their
16061606 16 websites informing the public about the new registration
16071607 17 procedures described in this Section. The Office of the
16081608 18 Secretary of State and each designated automatic voter
16091609 19 registration agency shall display signage or provide
16101610 20 literature for the public containing information about the new
16111611 21 registration procedures described in this Section.
16121612 22 (n) No later than 6 months after the effective date of this
16131613 23 amendatory Act of the 100th General Assembly, the State Board
16141614 24 of Elections shall hold at least one public hearing on
16151615 25 implementing this amendatory Act of the 100th General Assembly
16161616 26 at which the public may provide input.
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16271627 1 (o) The State Board of Elections shall submit an annual
16281628 2 public report to the General Assembly and the Governor
16291629 3 detailing the progress made to implement this Section. The
16301630 4 report shall include all of the following: the number of
16311631 5 records transferred under this Section by agency, the number
16321632 6 of voters newly added to the statewide voter registration list
16331633 7 because of records transferred under this Section by agency,
16341634 8 the number of updated registrations under this Section by
16351635 9 agency, the number of persons who opted out of voter
16361636 10 registration, and the number of voters who submitted voter
16371637 11 registration forms using the online procedure described in
16381638 12 Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
16391639 13 may include less detail if election authorities are not
16401640 14 equipped to provide complete information to the State Board of
16411641 15 Elections. Any report produced under this subsection (o) shall
16421642 16 exclude any information that identifies any individual
16431643 17 personally.
16441644 18 (p) The State Board of Elections, in consultation with
16451645 19 election authorities, the Office of the Secretary of State,
16461646 20 designated automatic voter registration agencies, and
16471647 21 community organizations, shall adopt rules as necessary to
16481648 22 implement the provisions of this Section.
16491649 23 (q) The changes made to this Section by this amendatory
16501650 24 Act of the 103rd General Assembly shall be implemented no
16511651 25 later than January 1, 2026.
16521652 26 (Source: P.A. 100-464, eff. 8-28-17.)
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16631663 1 (10 ILCS 5/1A-16.8)
16641664 2 Sec. 1A-16.8. Automatic transfer of registration based
16651665 3 upon information from the National Change of Address database
16661666 4 and designated automatic voter registration agencies.
16671667 5 (a) The State Board of Elections shall cross-reference the
16681668 6 statewide voter registration database against the United
16691669 7 States Postal Service's National Change of Address database
16701670 8 twice each calendar year, April 15 and October 1 in
16711671 9 odd-numbered years and April 15 and December 1 in
16721672 10 even-numbered years or with the same frequency as in
16731673 11 subsection (b) of this Section, and shall share the findings
16741674 12 with the election authorities.
16751675 13 (b) In addition, beginning no later than September 1,
16761676 14 2017, the State Board of Elections shall utilize data provided
16771677 15 as part of its membership in the Electronic Registration
16781678 16 Information Center in order to cross-reference the statewide
16791679 17 voter registration database against databases of relevant
16801680 18 personal information kept by designated automatic voter
16811681 19 registration agencies, including, but not limited to, driver's
16821682 20 license information kept by the Secretary of State, at least 6
16831683 21 times each calendar year and shall share the findings with
16841684 22 election authorities.
16851685 23 This subsection (b) shall no longer apply once Sections
16861686 24 1A-16.1 and 1A-16.2 of this Code are fully implemented as
16871687 25 determined by the State Board of Elections. Upon a
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16981698 1 determination by the State Board of Elections of full
16991699 2 implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
17001700 3 the State Board of Elections shall file notice of full
17011701 4 implementation and the inapplicability of this subsection (b)
17021702 5 with the Index Department of the Office of the Secretary of
17031703 6 State, the Governor, the General Assembly, and the Legislative
17041704 7 Reference Bureau.
17051705 8 (b-5) The State Board of Elections shall not be required
17061706 9 to share any data on any voter attained using the National
17071707 10 Change of Address database under subsection (a) of this
17081708 11 Section if that voter has a more recent government transaction
17091709 12 indicated using the cross-reference under subsection (b) of
17101710 13 this Section. If there is contradictory or unclear data
17111711 14 between data obtained under subsections (a) and (b) of this
17121712 15 Section, then data obtained under subsection (b) of this
17131713 16 Section shall take priority.
17141714 17 (c) An election authority shall automatically register any
17151715 18 voter who has moved into its jurisdiction from another
17161716 19 jurisdiction in Illinois or has moved within its jurisdiction
17171717 20 provided that:
17181718 21 (1) the election authority whose jurisdiction includes
17191719 22 the new registration address provides the voter an
17201720 23 opportunity to reject the change in registration address
17211721 24 through a mailing, sent by non-forwardable mail, to the
17221722 25 new registration address, and
17231723 26 (2) when the election authority whose jurisdiction
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17341734 1 includes the previous registration address is a different
17351735 2 election authority, then that election authority provides
17361736 3 the same opportunity through a mailing, sent by
17371737 4 forwardable mail, to the previous registration address.
17381738 5 This change in registration shall trigger the same
17391739 6 inter-jurisdictional or intra-jurisdictional workflows as if
17401740 7 the voter completed a new registration card, including the
17411741 8 cancellation of the voter's previous registration. Should the
17421742 9 registration of a voter be changed from one address to another
17431743 10 within the State and should the voter appear at the polls and
17441744 11 offer to vote from the prior registration address, attesting
17451745 12 that the prior registration address is the true current
17461746 13 address, the voter, if confirmed by the election authority as
17471747 14 having been registered at the prior registration address and
17481748 15 canceled only by the process authorized by this Section, shall
17491749 16 be issued a regular ballot, and the change of registration
17501750 17 address shall be canceled. If the election authority is unable
17511751 18 to immediately confirm the registration, the voter shall be
17521752 19 permitted to register and vote a regular ballot, provided that
17531753 20 he or she meets the documentary requirements for same-day
17541754 21 registration. If the election authority is unable to confirm
17551755 22 the registration and the voter does not meet the requirements
17561756 23 for same-day registration, the voter shall be issued a
17571757 24 provisional ballot.
17581758 25 (c-5) An agency that does not receive documentation that
17591759 26 an applicant is a United States citizen, as described in
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17701770 1 subsection (g) of Section 1A-16.1, may enter into an agreement
17711771 2 with the State Board of Elections to transmit information that
17721772 3 shall serve only to update an applicant's existing voter
17731773 4 registration record. Under the agreement, the agency shall
17741774 5 transmit information on all clients who may be registered to
17751775 6 vote with a clear indication that the information shall be
17761776 7 used only for updates. The State Board of Elections shall
17771777 8 determine which applicants are already registered to vote and,
17781778 9 for any voter whose information provided to the agency differs
17791779 10 from that on the voter registration record, provide that
17801780 11 information to the voter's local election authority who shall
17811781 12 update a registered voter's records in accordance with the
17821782 13 procedures described in Section 1A-16.7. The State Board of
17831783 14 Election and local election authority shall take no action
17841784 15 under this subsection for any applicant not already registered
17851785 16 to vote.
17861786 17 This subsection shall be implemented no later than January
17871787 18 1, 2026.
17881788 19 (d) No voter shall be disqualified from voting due to an
17891789 20 error relating to an update of registration under this
17901790 21 Section.
17911791 22 (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
17921792 23 Section 10. The Illinois Vehicle Code is amended by
17931793 24 changing Section 2-105 as follows:
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18041804 1 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
18051805 2 Sec. 2-105. Offices of Secretary of State.
18061806 3 (a) The Secretary of State shall maintain offices in the
18071807 4 State capital and in such other places in the State as he may
18081808 5 deem necessary to properly carry out the powers and duties
18091809 6 vested in him.
18101810 7 (b) The Secretary of State may construct and equip one or
18111811 8 more buildings in the State of Illinois outside of the County
18121812 9 of Sangamon as he deems necessary to properly carry out the
18131813 10 powers and duties vested in him. The Secretary of State may, on
18141814 11 behalf of the State of Illinois, acquire public or private
18151815 12 property needed therefor by lease, purchase or eminent domain.
18161816 13 The care, custody and control of such sites and buildings
18171817 14 constructed thereon shall be vested in the Secretary of State.
18181818 15 Expenditures for the construction and equipping of any of such
18191819 16 buildings upon premises owned by another public entity shall
18201820 17 not be subject to the provisions of any State law requiring
18211821 18 that the State be vested with absolute fee title to the
18221822 19 premises. The exercise of the authority vested in the
18231823 20 Secretary of State by this Section is subject to the
18241824 21 appropriation of the necessary funds.
18251825 22 (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
18261826 23 the Election Code, the Secretary of State shall make driver
18271827 24 services facilities available for use as places of accepting
18281828 25 applications for voter registration.
18291829 26 (d) (Blank).
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18401840 1 (e) Each applicant person applying at a driver services
18411841 2 facility for a driver's license or permit, a corrected
18421842 3 driver's license or permit, an Illinois Identification Card
18431843 4 identification card or a corrected Illinois Identification
18441844 5 Card who has presented documentation establishing United
18451845 6 States citizenship as set forth in subsection (g) of Section
18461846 7 1A-16.1 of the Election Code identification card shall be
18471847 8 notified, under the procedures set forth in Sections 1A-16.1
18481848 9 and 1A-16.7 of the Election Code, that the applicant's unless
18491849 10 he or she affirmatively declines, his or her personal
18501850 11 information shall be transferred to the State Board of
18511851 12 Elections for the purpose of creating an electronic voter
18521852 13 registration application. Each applicant applying at a driver
18531853 14 services facility for a driver's license or permit, a
18541854 15 corrected driver's license or permit or a State Identification
18551855 16 Card or a corrected Illinois Identification Card who presented
18561856 17 documentation that neither establishes that the applicant is a
18571857 18 United States citizen nor establishes that the applicant is
18581858 19 not a United States citizen, but who affirmatively indicated
18591859 20 they wished to apply to register to vote and attested, in
18601860 21 writing, to United States citizenship, shall be notified,
18611861 22 under the procedures set forth in Sections 1A-16.1 and 1A-16.7
18621862 23 of the Election Code that the applicant's personal information
18631863 24 will be transmitted to the State Board of Elections for the
18641864 25 purpose of creating an electronic voter registration
18651865 26 application. Such notification may be made in writing or
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18761876 1 verbally issued by an employee or the Secretary of State.
18771877 2 The Secretary of State shall promulgate
18781878 such rules as may
18791879 3 be necessary for the efficient execution of his duties and the
18801880 4 duties of his employees under this Section.
18811881 5 (f) Any person applying at a driver services facility for
18821882 6 issuance or renewal of a driver's license or Illinois
18831883 7 Identification Card shall be provided, without charge, with a
18841884 8 brochure warning the person of the dangers of financial
18851885 9 identity theft. The Department of Financial and Professional
18861886 10 Regulation shall prepare these brochures and provide them to
18871887 11 the Secretary of State for distribution. The brochures shall
18881888 12 (i) identify signs warning the reader that he or she might be
18891889 13 an intended victim of the crime of financial identity theft,
18901890 14 (ii) instruct the reader in how to proceed if the reader
18911891 15 believes that he or she is the victim of the crime of identity
18921892 16 theft, and (iii) provide the reader with names and telephone
18931893 17 numbers of law enforcement and other governmental agencies
18941894 18 that provide assistance to victims of financial identity
18951895 19 theft.
18961896 20 (g) (Blank). The changes made by this amendatory Act of
18971897 21 the 100th General Assembly shall be implemented no later than
18981898 22 July 1, 2018.
18991899 23 (h) The changes made to this Section by this amendatory
19001900 24 Act of the 103rd General Assembly shall be implemented no
19011901 25 later than January 1, 2026.
19021902 26 (Source: P.A. 100-464, eff. 8-28-17.)
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19131913 1 Section 95. No acceleration or delay. Where this Act makes
19141914 2 changes in a statute that is represented in this Act by text
19151915 3 that is not yet or no longer in effect (for example, a Section
19161916 4 represented by multiple versions), the use of that text does
19171917 5 not accelerate or delay the taking effect of (i) the changes
19181918 6 made by this Act or (ii) provisions derived from any other
19191919 7 Public Act.
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