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
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
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
LRB103 38253 SPS 68388 b
A BILL FOR
SB3736LRB103 38253 SPS 68388 b SB3736 LRB103 38253 SPS 68388 b
SB3736 LRB103 38253 SPS 68388 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding
6 Section 1A-16.3 as follows:
7 (10 ILCS 5/1A-16.1)
8 (Text of Section before amendment by P.A. 103-210)
9 Sec. 1A-16.1. Automatic voter registration; Secretary of
10 State.
11 (a) The Office of the Secretary of State and the State
12 Board of Elections, pursuant to an interagency contract and
13 jointly adopted jointly-adopted rules, shall establish an
14 automatic voter registration program that satisfies the
15 requirements of this Section and other applicable law.
16 (b) If, as part of an application, an application for
17 renewal, or a change of address form, or a recertification
18 form for a driver's license, other than a temporary visitor's
19 driver's license, or a State identification card issued by the
20 Office of the Secretary of State, an applicant presents
21 documentation that establishes that the applicant is a United
22 States citizen, as described in subsection (g), and is of age
23 to register to vote or if the information provided to the
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
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
LRB103 38253 SPS 68388 b
A BILL FOR
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
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1 Office of the Secretary of State under subsection (c)
2 indicates that the applicant is currently registered to vote
3 in Illinois and, upon reviewing the documents and information
4 submitted by the applicant, the Office of the Secretary of
5 State determines that the name or residence address
6 documentation submitted by the applicant differs from the
7 information regarding the applicant provided under subsection
8 (c) meets the requirements of the federal REAL ID Act of 2005,
9 then that application shall serve as a dual-purpose
10 application, unless the applicant declines in accordance with
11 subsection (g) of Section 1A-16.7. The dual-purpose
12 application shall:
13 (1) also serve as an application to register to vote
14 in Illinois;
15 (2) allow an applicant to change the applicant's his
16 or her registered residence address or name as it appears
17 on the voter registration rolls;
18 (3) in a single affirmation, including the affirmation
19 required for a driver's license or State identification
20 card, allow the applicant to affirm, under penalty of
21 perjury, to the truth and correctness of the information
22 submitted in the dual-purpose application that is
23 necessary to assess the applicant's eligibility to
24 register to vote or to change the applicant's registered
25 residence address or name as it appears on the voter
26 registration rolls provide the applicant with an
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1 opportunity to affirmatively decline to register to vote
2 or to change his or her registered residence address or
3 name by providing a check box on the application form
4 without requiring the applicant to state the reason; and
5 (4) allow the applicant to notify the Office of the
6 Secretary of State of the applicant's preferred language
7 unless the applicant declines to register to vote or
8 change his or her registered residence address or name,
9 require the applicant to attest, by signature under
10 penalty of perjury as described in subsection (e) of this
11 Section, to meeting the qualifications to register to vote
12 in Illinois at his or her residence address as indicated
13 on his or her driver's license or identification card
14 dual-purpose application.
15 The Office of the Secretary of State shall record the type
16 of documents presented by the applicant that establishes that
17 the applicant is a United States citizen as described in
18 subsection (g). The initiation of a dual-purpose application
19 based on documentation establishing United States citizenship
20 shall be automated and not subjected to the discretion of
21 individual employees of the Office of the Secretary of State.
22 (b-5) If, as part of an application, an application for
23 renewal, or a change of address form, or a recertification
24 form for a driver's license, other than a temporary visitor's
25 driver's license, or a State identification card issued by the
26 Office of the Secretary of State, other than an application or
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1 form that pertains to a driver's license or State
2 identification card for an applicant who does not have and is
3 not eligible for a social security number, an applicant
4 presents documentation that neither establishes that the
5 applicant is a United States citizen nor establishes that the
6 applicant is not a United States citizen and if the
7 information provided to the Office of the Secretary of State
8 under subsection (c) does not indicate that the applicant is
9 currently registered to vote in Illinois does not meet the
10 requirements of the federal REAL ID Act of 2005, then that
11 application shall serve as a dual-purpose application. The
12 dual-purpose application that, shall: (1) also serve as an
13 application to register to vote in Illinois; (2) allow an
14 applicant to change his or her registered residence address or
15 name as it appears on the voter registration rolls; and (3) if
16 the applicant chooses to register to vote, shall also serve as
17 an application to register to vote in Illinois. If the
18 applicant chooses to register to vote, the applicant shall be
19 required or to change his or her registered residence address
20 or name, then require the applicant to attest, by a separate
21 signature under penalty of perjury, to meeting the
22 qualifications to register to vote in Illinois at the
23 applicant's his or her residence address as indicated on the
24 his or her dual-purpose application. The dual-purpose
25 application shall allow the applicant to notify the Office of
26 the Secretary of State of the applicant's preferred language.
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1 (b-8) If an applicant presents to the Secretary of State
2 documentation that establishes the applicant is not a United
3 States citizen, no application submitted by that applicant
4 shall serve as a dual-purpose application under this Section.
5 (b-10) Before asking any applicant described in subsection
6 (b) to provide the written affirmation described in that
7 subsection, the The Office of the Secretary of State shall
8 clearly and conspicuously inform each applicant in writing:
9 (i) of the qualifications to register to vote in Illinois; ,
10 (ii) of the penalties provided by law for submission of a false
11 voter registration application, including the
12 immigration-related consequences of incorrectly claiming
13 United States citizenship; and (iii) that the , unless the
14 applicant declines to register to vote or update his or her
15 voter registration, his or her dual-purpose application shall
16 also serve as both an application to register to vote and his
17 or her attestation that he or she meets the eligibility
18 requirements for voter registration, and that the his or her
19 application to register to vote or update voter his or her
20 registration will be transmitted to the State Board of
21 Elections for the purpose of registering the person to vote at
22 the residence address to be indicated on the applicant's his
23 or her driver's license or identification card, and (iv) that
24 declining to register to vote is confidential and will not
25 affect any services the person may be seeking from the Office
26 of the Secretary of State.
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1 The Office of the Secretary of State may provide
2 additional instructions specific to applicants under
3 subsection (b).
4 (b-15) Before asking any applicant described in subsection
5 (b-5) to provide the attestation described in that subsection,
6 the Office of the Secretary of State shall clearly and
7 conspicuously inform each applicant in writing: (i) of the
8 qualifications to register to vote in Illinois; (ii) of the
9 penalties provided by law for submission of a false voter
10 registration application, including the immigration-related
11 consequences of incorrectly claiming United States citizenship
12 and the opportunity to withdraw an application to avoid the
13 penalties; (iii) that the application shall also serve as an
14 application to register to vote and that the application to
15 register to vote or update voter registration will be
16 transmitted to the State Board of Elections for the purpose of
17 registering the person to vote at the residence address to be
18 indicated on the applicant's driver's license or
19 identification card, unless the applicant withdraws the
20 application or declines to register to vote or update the
21 applicant's voter registration; and (4) that declining to
22 register to vote or withdrawing a voter application is
23 confidential and will not affect any services the person may
24 be seeking from the Office of the Secretary of State. The
25 Office of the Secretary of State may provide additional
26 instructions specific to applicants under subsection (b-5).
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1 (c) The Office of the Secretary of State shall review
2 information provided to the Office of the Secretary of State
3 by the State Board of Elections to determine inform each
4 applicant for a driver's license or permit, other than a
5 temporary visitor's driver's license, or a State
6 identification card issued by the Office of the Secretary of
7 State whether each the applicant under subsections (b) and
8 (b-5) is currently registered to vote in Illinois and, if
9 registered, at what address, and shall inform each applicant
10 described in subsection (b-5) for a driver's license or permit
11 or State identification card issued by the Office of the
12 Secretary of State, whether the applicant is currently
13 registered and, if registered, at what address.
14 (d) The Office of the Secretary of State shall not require
15 an applicant for a driver's license or State identification
16 card to provide duplicate identification or information in
17 order to complete an application to register to vote or change
18 his or her registered residence address or name. Before
19 transmitting any personal information about an applicant to
20 the State Board of Elections, the Office of the Secretary of
21 State shall review its records of the identification documents
22 the applicant provided in order to complete the application
23 for a driver's license or State identification card, to
24 confirm that nothing in those documents indicates that the
25 applicant does not satisfy the qualifications to register to
26 vote in Illinois at his or her residence address. If the
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1 applicant provides the Office of the Secretary of State with
2 an address designated by the Attorney General as a substitute
3 mailing address under Section 15 of the Address
4 Confidentiality for Victims of Domestic Violence, Sexual
5 Assault, Human Trafficking, or Stalking Act or is a judicial
6 officer of peace officer who provides the Office of the
7 Secretary of State with a work address instead of a residence
8 address, as authorized by subsection (a) of Section 6-106 of
9 the Illinois Vehicle Code, the applicant shall not be offered
10 voter registration by the Office of the Secretary of State.
11 (e) A completed, signed application for (i) a driver's
12 license or permit, other than a temporary visitor's driver's
13 license, or a State identification card issued by the Office
14 of the Secretary of State that includes the presentation of
15 documentation that establishes that the applicant is a United
16 States citizen and is of age to register to vote or for which
17 the information provided to the Office of the Secretary of
18 State under subsection (c) indicates that the applicant is
19 currently registered to vote in Illinois , that meets the
20 requirements of the federal REAL ID Act of 2005; or (ii) a
21 completed application under subsection (b-5) of this Section
22 with a separate signature attesting the applicant meets the
23 qualifications to register to vote in Illinois at his or her
24 residence address as indicated on his or her application shall
25 constitute a signed application to register to vote in
26 Illinois at the residence address indicated in the application
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1 unless the person affirmatively declined in the application to
2 register to vote or to change his or her registered residence
3 address or name. If the identification documents provided to
4 complete the dual-purpose application indicate that the
5 applicant he or she does not satisfy the qualifications to
6 register to vote in Illinois at the specified his or her
7 residence address, the application shall be marked as
8 incomplete.
9 (f) For each completed and signed application that
10 constitutes an application to register to vote in Illinois or
11 provides for a change in the applicant's registered residence
12 address or name, the Office of the Secretary of State shall
13 electronically transmit to the State Board of Elections
14 personal information needed to complete the person's
15 registration to vote in Illinois at the specified his or her
16 residence address, including the applicant's choice language
17 preference as indicated by the applicant or as otherwise
18 collected by the Office of the Secretary of State during the
19 permitting, licensing, or identification card transaction. The
20 application to register to vote shall be processed in
21 accordance with Section 1A-16.7.
22 (g) Documentation that establishes that the applicant is a
23 United States citizen shall include:
24 (1) a valid, unexpired United States passport or
25 passport card or a United States passport or passport card
26 that has been expired for no more than 2 years;
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1 (2) a certified copy of a birth certificate filed with
2 the Division of Vital Records or an equivalent agency in
3 the individual's state of birth;
4 (3) a Consular Report of Birth Abroad issued by the
5 United States Department of State, Form FS-240, DS-1350,
6 or FS-545; and
7 (4) a Certificate of Citizenship issued by the United
8 States Department of Homeland Security, Form N-560 or form
9 N-561. If the federal REAL ID Act of 2005 is repealed,
10 abrogated, superseded, or otherwise no longer in effect,
11 then the State Board of Elections shall establish criteria
12 for determining reliable personal information indicating
13 citizenship status and shall adopt rules as necessary for
14 the Secretary of State to continue processing dual-purpose
15 applications under this Section.
16 (h) As used in this Section, "dual-purpose application"
17 means an application, an application for renewal or , a change
18 of address form, or a recertification form for driver's
19 license or permit, other than a temporary visitor's driver's
20 license, or a State identification card offered by the
21 Secretary of State that also serves as an application to
22 register to vote in Illinois. "Dual-purpose application" does
23 not mean an application under subsection (c) of Section 6-109
24 of the Illinois Vehicle Code.
25 (i) The changes made to this Section by this amendatory
26 Act of the 103rd General Assembly shall be implemented no
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1 later than January 1, 2026.
2 (Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
3 (Text of Section after amendment by P.A. 103-210)
4 Sec. 1A-16.1. Automatic voter registration; Secretary of
5 State.
6 (a) The Office of the Secretary of State and the State
7 Board of Elections, pursuant to an interagency contract and
8 jointly adopted jointly-adopted rules, shall establish an
9 automatic voter registration program that satisfies the
10 requirements of this Section and other applicable law.
11 (b) If, as part of an application, an application for
12 renewal, or a change of address form, or a recertification
13 form for a driver's license or a State identification card
14 issued by the Office of the Secretary of State, an applicant
15 presents documentation that establishes that the applicant is
16 a United States citizen, as described in subsection (g), and
17 is of age to register to vote or if the information provided to
18 the Office of the Secretary of State under subsection (c)
19 indicates that the applicant is currently registered to vote
20 in Illinois and, upon reviewing the documents and information
21 submitted by the applicant, the Office of the Secretary of
22 State determines that the name or residence address
23 documentation submitted by the applicant differs from the
24 information regarding the applicant provided under subsection
25 (c) meets the requirements of the federal REAL ID Act of 2005,
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1 then that application shall serve as a dual-purpose
2 application, unless the applicant declines in accordance with
3 subsection (g) of Section 1A-16.7. The dual-purpose
4 application shall:
5 (1) also serve as an application to register to vote
6 in Illinois;
7 (2) allow an applicant to change the applicant's his
8 or her registered residence address or name as it appears
9 on the voter registration rolls;
10 (3) in a single affirmation, including the affirmation
11 required for a driver's license or State identification
12 card, allow the applicant to affirm, under penalty of
13 perjury, to the truth and correctness of the information
14 submitted in the dual-purpose application that is
15 necessary to assess the applicant's eligibility to
16 register to vote or to change the applicant's registered
17 residence address or name as it appears on the voter
18 registration rolls provide the applicant with an
19 opportunity to affirmatively decline to register to vote
20 or to change his or her registered residence address or
21 name by providing a check box on the application form
22 without requiring the applicant to state the reason; and
23 (4) allow the applicant to notify the Office of the
24 Secretary of State of the applicant's preferred language
25 unless the applicant declines to register to vote or
26 change his or her registered residence address or name,
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1 require the applicant to attest, by signature under
2 penalty of perjury as described in subsection (e) of this
3 Section, to meeting the qualifications to register to vote
4 in Illinois at his or her residence address as indicated
5 on his or her driver's license or identification card
6 dual-purpose application.
7 The Office of the Secretary of State shall record the type
8 of documents presented by the applicant that establish that
9 the applicant is a United States citizen as described in
10 subsection (g). The initiation of a dual-purpose application
11 based on documentation establishing United States citizenship
12 shall be automated and not subjected to the discretion of
13 individual employees of the Office of the Secretary of State.
14 (b-5) If, as part of an application, an application for
15 renewal, or a change of address form, or a recertification
16 form for a driver's license or a State identification card
17 issued by the Office of the Secretary of State, other than an
18 application or form that pertains to a standard driver's
19 license or identification card for an applicant who does not
20 have and is not eligible for and does not list a social
21 security number, an applicant presents documentation that
22 neither establishes that the applicant is a United States
23 citizen nor establishes that the applicant is not a United
24 States citizen and the information provided to the Office of
25 the Secretary of State under subsection (c) does not indicate
26 that the applicant is currently registered to vote in Illinois
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1 for the applicant, does not meet the requirements of the
2 federal REAL ID Act of 2005, then that application shall serve
3 as a dual-purpose application. The dual-purpose application
4 that, shall: (1) also serve as an application to register to
5 vote in Illinois; (2) allow an applicant to change his or her
6 registered residence address or name as it appears on the
7 voter registration rolls; and (3) if the applicant chooses to
8 register to vote, shall also serve as an application to
9 register to vote in Illinois. If the applicant chooses to
10 register to vote, the applicant shall be required or to change
11 his or her registered residence address or name, then require
12 the applicant to attest, by a separate signature under penalty
13 of perjury, to meeting the qualifications to register to vote
14 in Illinois at the applicant's his or her residence address as
15 indicated on the his or her dual-purpose application.
16 The dual-purpose application shall allow the applicant to
17 notify the Office of the Secretary of State of the applicant's
18 preferred language.
19 (b-8) If an applicant presents to the Secretary of State
20 documentation that establishes the applicant is not a United
21 States citizen, no application submitted by that applicant
22 shall serve as a dual-purpose application under this Section.
23 (b-10) Before asking any applicant described in subsection
24 (b) to provide the written affirmation described in that
25 subsection, the The Office of the Secretary of State shall
26 clearly and conspicuously inform each applicant in writing:
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1 (i) of the qualifications to register to vote in Illinois; ,
2 (ii) of the penalties provided by law for submission of a false
3 voter registration application, including the
4 immigration-related consequences of incorrectly claiming
5 United States citizenship; and , (iii) that the , unless the
6 applicant declines to register to vote or update his or her
7 voter registration, his or her dual-purpose application shall
8 also serve as both an application to register to vote and his
9 or her attestation that he or she meets the eligibility
10 requirements for voter registration, and that the his or her
11 application to register to vote or update voter his or her
12 registration will be transmitted to the State Board of
13 Elections for the purpose of registering the person to vote at
14 the residence address to be indicated on the applicant's his
15 or her driver's license or identification card, and (iv) that
16 declining to register to vote is confidential and will not
17 affect any services the person may be seeking from the Office
18 of the Secretary of State. The Office of the Secretary of State
19 may provide additional instructions specific to applicants
20 under subsection (b).
21 (b-15) Before asking any applicant described in subsection
22 (b-5) to provide the attestation described in that subsection,
23 the Office of the Secretary of State shall clearly and
24 conspicuously inform each applicant in writing: (i) of the
25 qualifications to register to vote in Illinois; (ii) of the
26 penalties provided by law for submission of a false voter
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1 registration application, including the immigration-related
2 consequences of incorrectly claiming United States citizenship
3 and the opportunity to withdraw an application to avoid the
4 penalties; (iii) that the application shall also serve as an
5 application to register to vote and that the application to
6 register to vote or update voter registration will be
7 transmitted to the State Board of Elections for the purpose of
8 registering the person to vote at the residence address to be
9 indicated on the applicant's driver's license or State
10 identification card, unless the applicant withdraws the
11 application or declines to register to vote or update the
12 applicant's voter registration; and (iv) that declining to
13 register to vote or withdrawing a voter application is
14 confidential and will not affect any services the person may
15 be seeking from the Office of the Secretary of State. The
16 Office of the Secretary of State may provide additional
17 instructions specific to applicants under subsection (b-5).
18 (c) The Office of the Secretary of State shall review
19 information provided to the Office of the Secretary of State
20 by the State Board of Elections to determine whether each
21 inform each applicant for a driver's license or permit or a
22 State identification card issued by the Office of the
23 Secretary of State, other than an application or form that
24 pertains to a standard driver's license or identification card
25 and does not list a social security number for the applicant,
26 whether the applicant under subsections (b) and (b-5) is
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1 currently registered to vote in Illinois and, if registered,
2 at what address, and shall inform each applicant for a
3 driver's license or permit or State identification card issued
4 by the Office of the Secretary of State whether the applicant
5 is currently registered and, if registered, at what address.
6 (d) The Office of the Secretary of State shall not require
7 an applicant for a driver's license or State identification
8 card to provide duplicate identification or information in
9 order to complete an application to register to vote or change
10 his or her registered residence address or name. Before
11 transmitting any personal information about an applicant to
12 the State Board of Elections, the Office of the Secretary of
13 State shall review its records of the identification documents
14 the applicant provided in order to complete the application
15 for a driver's license or State identification card, to
16 confirm that nothing in those documents indicates that the
17 applicant does not satisfy the qualifications to register to
18 vote in Illinois at his or her residence address. If the
19 applicant provides the Office of the Secretary of State with
20 an address designated by the Attorney General as a substitute
21 mailing address under Section 15 of the Address
22 Confidentiality for Victims of Domestic Violence, Sexual
23 Assault, Human Trafficking, or Stalking Act or is a judicial
24 officer of peace officer who provides the Office of the
25 Secretary of State with a work address instead of a residence
26 address, as authorized by subsection (a) of Section 6-106 of
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1 the Illinois Vehicle Code, the applicant shall not be offered
2 voter registration by the Office of the Secretary of State.
3 (e) A completed, signed application for (i) a driver's
4 license or permit or a State identification card issued by the
5 Office of the Secretary of State that includes the
6 presentation of documentation that establishes that the
7 applicant is a United States citizen and is of age to register
8 to vote or for which the information provided to the Office of
9 the Secretary of State under subsection (c) indicates that the
10 applicant is currently registered to vote in Illinois, that
11 meets the requirements of the federal REAL ID Act of 2005; or
12 (ii) a completed application under subsection (b-5) of this
13 Section with a separate signature attesting the applicant
14 meets the qualifications to register to vote in Illinois at
15 his or her residence address as indicated on his or her
16 application shall constitute a signed application to register
17 to vote in Illinois at the residence address indicated in the
18 application unless the person affirmatively declined in the
19 application to register to vote or to change his or her
20 registered residence address or name. If the identification
21 documents provided to complete the dual-purpose application
22 indicate that the applicant he or she does not satisfy the
23 qualifications to register to vote in Illinois at the
24 specified his or her residence address, the application shall
25 be marked as incomplete.
26 (f) For each completed and signed application that
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1 constitutes an application to register to vote in Illinois or
2 provides for a change in the applicant's registered residence
3 address or name, the Office of the Secretary of State shall
4 electronically transmit to the State Board of Elections
5 personal information needed to complete the person's
6 registration to vote in Illinois at the specified his or her
7 residence address, including the applicant's choice language
8 preference as indicated by the applicant or as otherwise
9 collected by the Office of the Secretary of State during the
10 licensing, or identification card transaction. The application
11 to register to vote shall be processed in accordance with
12 Section 1A-16.7.
13 (g) Documentation that establishes that the applicant is a
14 United States citizen shall include:
15 (1) a valid, unexpired United States passport or
16 passport card or a United States passport or passport card
17 that has been expired for no more than 2 years;
18 (2) a certified copy of a birth certificate filed with
19 the Division of Vital Records or an equivalent agency in
20 the individual's state of birth;
21 (3) a Consular Report of Birth Abroad issued by the
22 United States Department of State, Form FS-240, DS-1350,
23 or FS-545; and
24 (4) a Certificate of Citizenship issued by the United
25 States Department of Homeland Security, Form N-560 or form
26 N-561. If the federal REAL ID Act of 2005 is repealed,
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1 abrogated, superseded, or otherwise no longer in effect,
2 then the State Board of Elections shall establish criteria
3 for determining reliable personal information indicating
4 citizenship status and shall adopt rules as necessary for
5 the Secretary of State to continue processing dual-purpose
6 applications under this Section.
7 (h) As used in this Section, "dual-purpose application"
8 means an application, an application for renewal or , a change
9 of address form, or a recertification form for driver's
10 license or permit or a State identification card offered by
11 the Secretary of State, other than an application or form that
12 pertains to a standard driver's license or identification card
13 for an applicant who does not have and is not eligible for, a
14 social security number and does not list a social security
15 number for the applicant, that also serves as an application
16 to register to vote in Illinois. "Dual-purpose application"
17 does not mean an application under subsection (c) of Section
18 6-109 of the Illinois Vehicle Code.
19 (i) The changes made to this Section by this amendatory
20 Act of the 103rd General Assembly shall be implemented no
21 later than January 1, 2026.
22 (Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
23 (10 ILCS 5/1A-16.2)
24 Sec. 1A-16.2. Automatic voter registration; designated
25 automatic voter registration agencies.
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1 (a) Each designated automatic voter registration agency
2 shall, pursuant to an interagency contract and jointly adopted
3 jointly-adopted rules with the State Board of Elections, agree
4 to participate in an automatic voter registration program
5 established by the State Board of Elections that satisfies the
6 requirements of this Section and other applicable law. If the
7 designated automatic voter registration agency provides
8 applications, applications for renewal, change of address
9 forms, filing, or recertification forms to individuals for
10 services offered by another agency, then the State Board of
11 Elections and the designated automatic voter agency shall
12 consult with the other agency. The State Board of Elections
13 shall consider the current technological capabilities of the
14 designated voter registration agency when drafting interagency
15 contracts and jointly adopted jointly-adopted rules. The State
16 Board of Elections and the designated automatic voter
17 registration agency shall amend these contracts and rules as
18 the technological capabilities of the designated voter
19 registration agencies improve.
20 (b) As provided in subsection (a) of this Section, each
21 designated automatic voter registration agency that collects
22 or cross-references reliable personal information indicating
23 citizenship status may provide that an application or form for
24 a license, permit, program, or service described in subsection
25 (a) for which, as part of the application, the applicant
26 presents documentation that establishes that the applicant is
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1 a United States citizen as described in subsection (g) of
2 Section 1A-16.1, or for which, as part of the application, the
3 agency cross-references reliable personal information that
4 establishes that the applicant is a United States citizen
5 shall serve as a dual-purpose application, unless the
6 applicant declines in accordance with subsection (g) of
7 Section 1A-16.7. The dual-purpose application shall:
8 (1) also serve as an application to register to vote
9 in Illinois;
10 (2) allow an applicant to change the applicant's his
11 or her registered residence address or name as it appears
12 on the voter registration rolls;
13 (3) in a single affirmation including the affirmation
14 required for the designated automatic voter registration
15 agency's application, allow the applicant to affirm, under
16 penalty of perjury, to the truth and correctness of
17 information submitted in the dual-purpose application that
18 is necessary to assess the applicant's eligibility to
19 register to vote or to change the applicant's registered
20 residence address or name as it appears on the voter
21 registration rolls provide the applicant with an
22 opportunity to affirmatively decline to register to vote
23 or change his or her registered residence address or name
24 by providing a check box on the application form without
25 requiring the applicant to state the reason; and
26 (4) allow the applicant to notify the agency of the
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1 applicant's preferred language unless the applicant
2 declines to register to vote or to change his or her
3 registered residence address or name, require the
4 applicant to attest, by signature under penalty of
5 perjury, to meeting the qualifications to register to vote
6 in Illinois at his or her residence address as indicated
7 on his or her dual-purpose application.
8 The agency shall record the type of document presented by
9 the applicant that establishes that the applicant is a United
10 States citizen as described in subsection (g) of Section
11 1A-16.1.
12 (c) As provided in subsection (a) of this Section, each
13 designated automatic voter registration agency that does not
14 collect or cross-reference records containing reliable
15 personal information indicating citizenship status may provide
16 that an application or , an application for renewal, a change
17 of address form, or a recertification form for a license,
18 permit, program, or service described in subsection (a), other
19 than applications or forms described in subsection (b), shall
20 serve as a dual-purpose application. The dual-purpose
21 application shall:
22 (1) also serve as an application to register to vote
23 in Illinois;
24 (2) allow an applicant to change his or her registered
25 residence address or name as it appears on the voter
26 registration rolls; and
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1 (3) if the applicant chooses to register to vote or to
2 change the applicant's his or her registered residence
3 address or name, then require the applicant to attest, by
4 a separate signature under penalty of perjury, to meeting
5 the qualifications to register to vote in Illinois at his
6 or her residence address as indicated on his or her
7 dual-purpose application; and .
8 (4) allow the applicant to notify the agency of the
9 applicant's preferred language.
10 (c-1) If an applicant presents documentation to the
11 designated automatic voter registration agency that
12 establishes that the applicant is not a United States citizen
13 or the applicant attests that the applicant is not a United
14 States citizen, no application submitted by that applicant
15 shall serve as a dual-purpose application under this Section.
16 (c-5) Before asking any applicant described in subsection
17 (b) of this Section to provide the affirmation described in
18 that subsection, the The designated automatic voter
19 registration agency shall clearly and conspicuously inform
20 each applicant in writing: (i) of the qualifications to
21 register to vote in Illinois; , (ii) of the penalties provided
22 by law for submission of a false voter registration
23 application, including the immigration-related consequences of
24 incorrectly claiming United States citizenship; (iii) that the
25 application shall serve as an application to register to vote
26 or change the applicant's voter registration, and that the
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1 application , unless the applicant declines to register to
2 vote or update his or her voter registration, his or her
3 application shall also serve as both an application to
4 register to vote and his or her attestation that he or she
5 meets the eligibility requirements for voter registration, and
6 that his or her application to register to vote or update his
7 or her registration will be transmitted to the State Board of
8 Elections for the purpose of registering the person to vote at
9 the residence address to be indicated on the dual-purpose
10 application; , (iv) that information identifying the agency at
11 which he or she applied to register to vote is confidential; ,
12 (v) that declining to register to vote is confidential and
13 will not affect any services the person may be seeking from the
14 agency, and (v) (vi) any additional information needed in
15 order to comply with Section 7 of the federal National Voter
16 Registration Act of 1993. The designated automatic voter
17 registration agency may provide additional instructions
18 specific to applicants under subsection (b).
19 (c-10) Before asking any applicant described in subsection
20 (c) to provide the attestation described in that subsection,
21 the designated automatic voter registration agency shall
22 clearly and conspicuously inform each applicant in writing:
23 (i) of the qualifications to register to vote in Illinois;
24 (ii) of the penalties provided by law for submission of a false
25 voter registration application, including the
26 immigration-related consequences of incorrectly claiming
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1 United States citizenship, and the opportunity to withdraw an
2 application to avoid the penalties; (iii) that the application
3 shall also serve as an application to register to vote or
4 update the applicant's voter registration and that the
5 application to register to vote or update voter registration
6 will be transmitted to the State Board of Elections for the
7 purpose of registering the person to vote at the residence
8 address to be indicated on the dual-purpose application,
9 unless the applicant withdraws the application or declines to
10 register to vote or update the applicant's voter registration;
11 (iv) that information identifying the agency at which the
12 applicant applied to register to vote is confidential; (v)
13 that withdrawing a voter registration application or otherwise
14 declining to register to vote is confidential and will not
15 affect any services the person may be seeking from the agency;
16 and (vi) any additional information needed in order to comply
17 with Section 7 of the federal National Voter Registration Act
18 of 1993. The designated automatic voter registration agency
19 may provide additional instructions specific to applicants
20 under subsection (c).
21 (d) The designated automatic voter registration agency
22 shall review information provided to the agency by the State
23 Board of Elections to inform each applicant covered by
24 subsection (c) whether the applicant is currently registered
25 to vote in Illinois and, if registered, at what address.
26 (e) The designated automatic voter registration agency
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1 shall not require an applicant for a dual-purpose application
2 to provide duplicate identification or information in order to
3 complete an application to register to vote or change the
4 applicant's his or her registered residence address or name.
5 Before transmitting any personal information about an
6 applicant to the State Board of Elections, the agency shall
7 review its records of the identification documents the
8 applicant provided or that the agency cross-references in
9 order to complete the dual-purpose application, to confirm
10 that nothing in those documents indicates that the applicant
11 does not satisfy the qualifications to register to vote in
12 Illinois at the applicant's his or her residence address. A
13 completed and signed dual-purpose application, including a
14 completed application under subsection (c) of this Section
15 with a separate signature attesting that the applicant meets
16 the qualifications to register to vote in Illinois at the his
17 or her residence address as indicated on the his or her
18 application, shall constitute an application to register to
19 vote in Illinois at the residence address indicated in the
20 application unless the person affirmatively declined in the
21 application to register to vote or to change his or her
22 registered residence address or name. If the identification
23 documents provided to complete the dual-purpose application,
24 or that the agency cross-references, indicate that the
25 applicant he or she does not satisfy the qualifications to
26 register to vote in Illinois at his or her residence address,
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1 the application shall be marked as incomplete. If the
2 applicant provides the Office of the Secretary of State with
3 an address designated by the Attorney General as a substitute
4 mailing address under Section 15 of the Address
5 Confidentiality for Victims of Domestic Violence, Sexual
6 Assault, Human Trafficking, or Stalking Act or is a judicial
7 officer of peace officer who provides the Office of the
8 Secretary of State with a work address instead of a residence
9 address, as authorized by subsection (a) of Section 6-106 of
10 the Illinois Vehicle Code, the applicant shall not be offered
11 voter registration by the Office of the Secretary of State.
12 (f) For each completed and signed dual-purpose application
13 that constitutes an application to register to vote in
14 Illinois or provides for a change in the applicant's
15 registered residence address or name, the designated automatic
16 voter registration agency shall electronically transmit to the
17 State Board of Elections personal information needed to
18 complete the person's registration to vote in Illinois at his
19 or her residence address, including the applicant's language
20 preference as indicated by the applicant or as otherwise
21 collected by the designated automatic voter registration
22 agency in the course of receiving applications and other forms
23 regarding licenses, permits, programs, and services offered by
24 the designated automatic voter registration agency. The
25 application to register to vote shall be processed in
26 accordance with Section 1A-16.7.
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1 (g) As used in this Section:
2 "Designated automatic voter registration agency" or
3 "agency" means the divisions of Family and Community
4 Services and Rehabilitation Services of the Department of
5 Human Services, the Department of Employment Security, the
6 Department of Financial and Professional Regulation, the
7 Department of Natural Resources, or an agency of the
8 local, tribal, State, or federal government that has been
9 determined by the State Board of Elections to have access
10 to reliable personal information and has entered into an
11 interagency contract with the State Board of Elections to
12 participate in the automatic voter registration program
13 under this Section.
14 "Dual-purpose application" means an application, an
15 application for renewal, a change of address form, or a
16 recertification form for a license, permit, program, or
17 service offered by a designated automatic voter
18 registration agency that also serves as an application to
19 register to vote in Illinois.
20 "Reliable personal information" means information
21 about individuals obtained from government sources that
22 may be used to verify whether an individual is eligible to
23 register to vote.
24 (h) (Blank). This Section shall be implemented no later
25 than July 1, 2019.
26 (i) The Department of Healthcare and Family Services shall
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1 implement, as permitted by applicable federal law, an
2 automatic voter registration system under this Section for
3 applicants for Illinois Medicaid no later than July 1, 2026.
4 The Department of Healthcare and Family Services, or its
5 agent, may perform the procedures described in subsections
6 (f), (g), and (g-5) of Section 1A-16.7 and electronically
7 transmit to the State Board of Elections the personal
8 information needed to complete an applicant's registration to
9 vote in Illinois at his or her residence address for each
10 applicant who does not decline to be registered or decline an
11 update. The procedures and notices described in subsections
12 (f), (g), and (g-5) of Section 1A- 16.7 may be modified to the
13 extent necessary to comply with applicable federal law. For
14 purposes of this subsection, the State Board of Elections may
15 serve as the agent of the Department of Healthcare and Family
16 Services.
17 (j) If an agency under this Section receives documentation
18 that an applicant is a United States citizen, as described in
19 subsection (g) of Section 1A-16.1, or the agency
20 cross-references reliable personal information that
21 establishes that the applicant is a United States citizen for
22 more than one person listed on an application for a license,
23 permit, program, or service, each person for whom the agency
24 receives the documentation or reliable personal information
25 may be considered an applicant under this Section and the
26 application may serve as a dual-purpose application for each
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1 person.
2 (k) The changes made to this Section by this amendatory
3 Act of the 103rd General Assembly shall be implemented no
4 later than January 1, 2026.
5 (Source: P.A. 100-464, eff. 8-28-17.)
6 (10 ILCS 5/1A-16.3 new)
7 Sec. 1A-16.3. Language assistance.
8 (a) Every facility operated by the Driver Services
9 Department of the Office of the Secretary of State and all
10 facilities of a designated voter registration agency located
11 in a political subdivision covered by Section 203 of the
12 federal Voting Rights Act shall display and make plainly
13 visible signage informing applicants about the type of
14 language assistance available. The signage shall be in the
15 covered languages applicable for the political subdivision.
16 (b) Every facility operated by the Driver Services
17 Department of the Office of the Secretary of State and all
18 facilities of a designated voter registration agency located
19 in a political subdivision covered by Section 203 of the
20 federal Voting Rights Act shall make available, in the covered
21 languages, all written materials and verbal communication
22 regarding voter registration for the purpose of processing the
23 applicant's dual-purpose application described in Sections
24 1A-16.1 and 1A-16.2. These materials shall include the notices
25 described in subsection (b-10) of Section 1A-16.1 and
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1 subsection (e) of Section 2-105 of the Illinois Vehicle Code,
2 the affirmations described in paragraph (3) of subsection (b)
3 of Section 1A-16.1 and paragraph (3) of subsection (b) of
4 Section 1A-16.2, and the attestations described in subsection
5 (b-5) of Section 1A-16.1 and paragraph (3) of subsection (c)
6 of Section 1A-16.2.
7 (c) In addition to the requirements under subsections (a)
8 and (b), every facility operated by the Driver Services
9 Department of the Office of the Secretary of State and all
10 designated automatic voter registration agencies as defined in
11 subsection (g) of Section 1A-16.2 shall make available, in the
12 5 most common non-English languages in this State, all written
13 materials provided to an applicant for the purpose of
14 processing the applicant's dual-purpose application as
15 described in Sections 1A-16.1 and 1A-16.2. These materials
16 shall include, but not be limited to, the notices described in
17 subsection (b-10) of Section 1A-16.1 and subsection (e) of
18 Section 2-105 of the Illinois Vehicle Code, the affirmations
19 described in paragraph (3) of subsection (b) of Section
20 1A-16.1 and paragraph (3) of subsection (b) of Section
21 1A-16.2, and the attestations described in subsection (b-5) of
22 Section 1A-16.1 and paragraph (3) of subsection (c) of Section
23 1A-16.2. The Office of the Secretary of the State shall
24 determine the 5 most common non-English languages in this
25 State by referring to the best available data from the United
26 States Census Bureau or other sources that the Office of the
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1 Secretary of the State considers relevant and reliable.
2 (10 ILCS 5/1A-16.7)
3 Sec. 1A-16.7. Automatic voter registration.
4 (a) The State Board of Elections shall establish and
5 maintain a portal for automatic government agency voter
6 registration that permits an eligible person to electronically
7 apply to register to vote or to update his or her existing
8 voter registration as provided in Section 1A-16.1 or Section
9 1A-16.2. The portal shall interface with the online voter
10 registration system established in Section 1A-16.5 of this
11 Code and shall be capable of receiving and processing voter
12 registration application information, including electronic
13 signatures, from the Office of the Secretary of State and each
14 designated automatic voter registration agency, as defined in
15 Section 1A-16.2. The State Board of Elections may
16 cross-reference voter registration information from any
17 designated automatic voter registration agency, as defined
18 under Section 1A-16.2 of this Code, with information contained
19 in the database of the Secretary of State as provided under
20 subsection (c) of Section 1A-16.5 of this Code. The State
21 Board of Elections shall modify the online voter registration
22 system as necessary to implement this Section.
23 (b) Voter registration data received from the Office of
24 the Secretary of State or a designated automatic voter
25 registration agency through the online registration
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1 application system shall be processed as provided in Section
2 1A-16.5 of this Code.
3 (c) The State Board of Elections shall establish technical
4 specifications applicable to each automatic government
5 registration program, including data format and transmission
6 specifications. The Office of the Secretary of State and each
7 designated automatic voter registration agency shall maintain
8 a data transfer mechanism capable of transmitting voter
9 registration application information, including electronic
10 signatures where available, to the online voter registration
11 system established in Section 1A-16.5 of this Code.
12 (d) The State Board of Elections shall, by rule, establish
13 criteria and procedures for determining whether an agency of
14 the State or federal government seeking to become a designated
15 automatic voter registration agency in the course of receiving
16 applications and other forms regarding licenses, permits,
17 programs, and services offered by the agency, receives
18 documentation that an applicant is a United States citizen, as
19 described in subsection (g) of Section 1A-16.1, or has access
20 to reliable personal information, as defined under this
21 subsection (d) and subsection (f) of Section 1A-16.2 of this
22 Code, and otherwise meets the requirements to enter into an
23 interagency contract and to operate as a designated automatic
24 voter registration agency. The State Board of Elections shall
25 approve each interagency contract upon affirmative vote of a
26 majority of its members.
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1 As used in this subsection (d), "reliable personal
2 information" means information about individuals obtained from
3 government sources that may be used to verify whether an
4 individual is eligible to register to vote.
5 (e) Whenever an applicant's data is transferred from the
6 Office of the Secretary of State or a designated automatic
7 voter registration agency, the agency must transmit a
8 signature image if available. If no signature image was
9 provided by the agency and , or if no signature image is
10 available in the Office of the Secretary of State's database
11 or the statewide voter registration database, or other
12 database available to the State Board of Elections, the
13 applicant must be notified that voter his or her registration
14 will remain in a pending status until the applicant: , and the
15 applicant will be required to
16 (1) provides provide identification that complies with
17 the federal Help America Vote Act of 2002 and a signature
18 to the election authority on election day in the polling
19 place or during early voting; .
20 (2) provides identification that complies with the
21 federal Help America Vote Act of 2002 and a signature with
22 a mail ballot, or provides a signature in accordance with
23 the procedures described in subsection (g-5) of Section
24 19-8; or
25 (3) provides a signature in response to the notice
26 described in subsection (g) or by other paper or
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1 electronic means determined by the State Board of
2 Elections.
3 (f) Upon receipt of personal information collected and
4 transferred by the Office of the Secretary of State or a
5 designated automatic voter registration agency, the State
6 Board of Elections shall check the information against the
7 statewide voter registration database. The State Board of
8 Elections shall create and electronically transmit to the
9 appropriate election authority a voter registration
10 application for any individual who is not registered to vote
11 in Illinois and is not disqualified as provided in this
12 Section or whose information reliably indicates a more recent
13 update to the name or address of a person already included in
14 the statewide voter database. The election authority shall
15 process the application accordingly. If the individual
16 provides the Office of the Secretary of State or a designated
17 automatic voter registration agency with an address designated
18 by the Attorney General as a substitute mailing address under
19 Section 15 of the Address Confidentiality for Victims of
20 Domestic Violence, Sexual Assault, Human Trafficking, or
21 Stalking Act or if the State Board of Elections otherwise
22 determines that the individual is a program participant under
23 Section 10 of the Address Confidentiality for Victims of
24 Domestic Violence, Sexual Assault, Human Trafficking, or
25 Stalking Act, the State Board of Elections shall not create or
26 electronically transmit to an election authority a voter
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1 registration the application for the individual. If a judicial
2 officer or peace officers provides the Office of the Secretary
3 of State with a work address instead of a residence address as
4 authorized by paragraph (a) of Section 6-109 of the Illinois
5 Vehicle Code, the State Board of elections shall not create or
6 electronically transmit to an election authority a voter
7 registration application for the individual. The State Board
8 of Elections may provide alternative voter registration
9 procedures for the individuals described in this subsection.
10 (g) The appropriate election authority shall ensure that
11 any applicant about whom it receives information from the
12 State Board of Elections under subsection (f) who is
13 registered to vote or whose existing voter registration is
14 updated under this Section is promptly sent written notice of
15 the change. The notice required by this subsection (g) may be
16 sent or combined with other notices required or permitted by
17 law, including, but not limited to, any notices sent pursuant
18 to Section 1A-16.5 of this Code. Any notice required by this
19 subsection (g) shall contain, at a minimum: (i) the
20 applicant's name and residential address as reflected on the
21 voter registration list; (ii) a statement notifying the
22 applicant to contact the appropriate election authority if his
23 or her voter registration has been updated in error; (iii) the
24 qualifications to register to vote in Illinois; (iv) a
25 statement notifying the applicant that he or she may opt out of
26 voter registration or request a change to his or her
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1 registration information at any time by contacting an election
2 official; and (iii) (v) contact information for the
3 appropriate election authority, including a phone number,
4 address, electronic mail address, and website address.
5 For an applicant under subsection (b) of Section 1A-16.1
6 or subsection (b) of Section 1A-16.2 who is not currently
7 registered to vote in Illinois, the notice shall be sent
8 within 5 business days after the transmission of the voter
9 registration application to the election authority and shall
10 contain:
11 (1) the following statement: "After your recent visit
12 to [an Illinois Secretary of State Driver Services
13 Facility, or designated automatic voter registration
14 agency] we started an automatic voter registration process
15 for you. You will be registered to vote unless you
16 complete, sign, and return this card by [deadline date].";
17 (2) the notices required by Section 5(c)(2) of the
18 National Voter Registration Act of 1993; and
19 (3) an opportunity to provide a signature as described
20 in subsection (e) and to select a language for election
21 materials if applicable to the jurisdiction, by prepaid
22 postage.
23 For an applicant under subsection (b) of Section 1A-16.1
24 or subsections (b) of Section 1A-16.2 who is currently
25 registered to vote in Illinois and whose application contains
26 a change in the applicant's registered residence address or
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1 name, the notice shall be sent within 5 business days after the
2 transmission of the voter registration application to the
3 election authority and shall contain:
4 (1) the following statement: "After your recent visit
5 to [an Illinois Secretary of State Driver Services
6 Facility or designated automatic voter registration
7 agency], we started an update to your voter registration.
8 Your voter registration will be updated unless you
9 complete, sign and return this card by [deadline date].";
10 (2) the notices required by Section 5(c)(2) of the
11 National Voter Registration Act of 1993; and
12 (3) an opportunity to provide a signature as described
13 in subsection (e), and to select a language for election
14 materials if applicable to the jurisdiction, by prepaid
15 postage.
16 Any notice required by this subsection shall, at a
17 minimum, be provided in languages for which there is coverage
18 for the jurisdiction of the election authority under Section
19 203 of the federal Voting Rights Act, as identified by the
20 United States Census Bureau in the Federal Register. Any
21 notice required by this subsection must also comply with all
22 applicable, federal, State, and local laws, regulations, and
23 ordinances that relate to providing language access to
24 individuals with limited English proficiency. If the State
25 Board of Elections has received language preference
26 information regarding the applicant and has transmitted that
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1 information to the appropriate election authority, the
2 appropriate election authority shall take all practicable
3 measures to send the notice to the applicant in the
4 applicant's preferred language.
5 (g-5) If an applicant under subsection (b) of Section
6 1A-16.1 or subsection (b) of Section 1A-16.2 returns the
7 notice described in subsection (g) declining to be registered
8 within 23 days after the mailing of the notice, the applicant
9 shall not be registered to vote and the applicant shall be
10 deemed not to have attempted to register to vote. If an
11 applicant under subsection (b) of Section 1A-16.1 or
12 subsection (b) of Section 1A-16.2 returns the notice described
13 in subsection (g) declining or correcting the update within 23
14 days after the mailing of the notice, the applicant's update
15 shall be declined or corrected in the statewide voter
16 registration database. If an applicant returns the notice
17 described in subsection (g) but does not do so within 23 days
18 after the mailing of the notice, then the applicant shall be
19 registered to vote under the name and address contained in the
20 dual-purpose application. If an applicant returns the notice
21 described in subsection (g) declining to be registered or
22 declining or correcting the update more than 23 days after the
23 mailing of the notice, then the notice shall be processed as a
24 request to cancel or update the applicant's registration.
25 During the 23-day period specified in this subsection, an
26 applicant's voter registration or updated voter registration
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1 shall be in a pending status.
2 (g-6) If an applicant under subsection (b) of Section
3 1A-16.1 or subsection (b) of Section 1A-16.2 returns the
4 notice indicating a language preference, the language
5 preference shall be retained as part of the person's
6 registration information.
7 (h) The appropriate election authority shall ensure that
8 any applicant whose voter registration application is not
9 accepted or deemed incomplete is promptly sent written notice
10 of the application's status. The notice required by this
11 subsection may be sent or combined with other notices required
12 or permitted by law, including, but not limited to, any
13 notices sent pursuant to Section 1A-16.5 of this Code. Any
14 notice required by this subsection (h) shall contain, at a
15 minimum, the reason the application was not accepted or deemed
16 incomplete and contact information for the appropriate
17 election authority, including a phone number, address,
18 electronic mail address, and website address.
19 (i) If the Office of the Secretary of State or a designated
20 automatic voter registration agency transfers information, or
21 if the State Board of Elections creates and transmits a voter
22 registration application, for a person who does not qualify as
23 an eligible voter, then it shall not constitute a completed
24 voter registration form, and the person shall not be
25 considered to have registered to vote. The Office of the
26 Secretary of State, a designated automatic voter registration
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1 agency, and the State Board of Elections shall provide a means
2 by which customers may report the potential transfer of
3 information or transmission of a voter registration
4 application for a person who does not meet voter registration
5 qualifications.
6 (j) If the registration is processed by any election
7 authority, then it shall be presumed to have been effected and
8 officially authorized by the State, and that person shall not
9 be found on that basis to have made a false claim to
10 citizenship or to have committed an act of moral turpitude,
11 nor shall that person be subject to penalty under any relevant
12 laws, including, but not limited to, Sections 29-10 and 29-19
13 of this Code. This subsection (j) does not apply to a person
14 who knows that he or she is not entitled to register to vote
15 and who willfully votes, registers to vote, or attests under
16 penalty of perjury that he or she is eligible to register to
17 vote or willfully attempts to vote or to register to vote.
18 (k) The State Board of Elections, the Office of the
19 Secretary of State, and each designated automatic voter
20 registration agency shall implement policies and procedures to
21 protect the privacy and security of voter information as it is
22 acquired, stored, and transmitted among agencies, including
23 policies for the retention and preservation of voter
24 information. Information designated as confidential under this
25 Section may be recorded and shared among the State Board of
26 Elections, election authorities, the Office of the Secretary
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1 of State, and designated automatic voter registration
2 agencies, but shall be used only for voter registration
3 purposes, shall not be disclosed to the public except in the
4 aggregate as required by subsection (m) of this Section, and
5 shall not be subject to the Freedom of Information Act. The
6 following information shall be designated as confidential:
7 (1) any portion of an applicant's Social Security
8 number;
9 (2) any portion of an applicant's driver's license
10 number or State identification number;
11 (3) an applicant's decision to decline voter
12 registration;
13 (4) the identity of the person providing information
14 relating to a specific applicant; and
15 (5) the personal residence and contact information of
16 any applicant for whom notice has been given by an
17 appropriate legal authority; and .
18 (6) the personal residence and contact information
19 relating to an applicant who returns a notice described
20 subsection (g) declining to register to vote that was
21 received by the election authority within 23 days after
22 mailing the notice or for whom the 23-day period has not
23 passed.
24 This subsection (k) shall not apply to information the
25 State Board of Elections is required to share with the
26 Electronic Registration Information Center.
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1 (l) The voter registration procedures implemented under
2 this Section shall comport with the federal National Voter
3 Registration Act of 1993, as amended, and shall specifically
4 require that the State Board of Elections track registration
5 data received through the online registration system that
6 originated from a designated automatic voter registration
7 agency for the purposes of maintaining statistics.
8 Nothing in this Code shall require designated voter
9 registration agencies to transmit information that is
10 confidential client information under State or federal law
11 without the consent of the applicant.
12 (m) The State Board of Elections, each election authority
13 that maintains a website, the Office of the Secretary of
14 State, and each designated automatic voter registration agency
15 that maintains a website shall provide information on their
16 websites informing the public about the new registration
17 procedures described in this Section. The Office of the
18 Secretary of State and each designated automatic voter
19 registration agency shall display signage or provide
20 literature for the public containing information about the new
21 registration procedures described in this Section.
22 (n) No later than 6 months after the effective date of this
23 amendatory Act of the 100th General Assembly, the State Board
24 of Elections shall hold at least one public hearing on
25 implementing this amendatory Act of the 100th General Assembly
26 at which the public may provide input.
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1 (o) The State Board of Elections shall submit an annual
2 public report to the General Assembly and the Governor
3 detailing the progress made to implement this Section. The
4 report shall include all of the following: the number of
5 records transferred under this Section by agency, the number
6 of voters newly added to the statewide voter registration list
7 because of records transferred under this Section by agency,
8 the number of updated registrations under this Section by
9 agency, the number of persons who opted out of voter
10 registration, and the number of voters who submitted voter
11 registration forms using the online procedure described in
12 Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
13 may include less detail if election authorities are not
14 equipped to provide complete information to the State Board of
15 Elections. Any report produced under this subsection (o) shall
16 exclude any information that identifies any individual
17 personally.
18 (p) The State Board of Elections, in consultation with
19 election authorities, the Office of the Secretary of State,
20 designated automatic voter registration agencies, and
21 community organizations, shall adopt rules as necessary to
22 implement the provisions of this Section.
23 (q) The changes made to this Section by this amendatory
24 Act of the 103rd General Assembly shall be implemented no
25 later than January 1, 2026.
26 (Source: P.A. 100-464, eff. 8-28-17.)
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1 (10 ILCS 5/1A-16.8)
2 Sec. 1A-16.8. Automatic transfer of registration based
3 upon information from the National Change of Address database
4 and designated automatic voter registration agencies.
5 (a) The State Board of Elections shall cross-reference the
6 statewide voter registration database against the United
7 States Postal Service's National Change of Address database
8 twice each calendar year, April 15 and October 1 in
9 odd-numbered years and April 15 and December 1 in
10 even-numbered years or with the same frequency as in
11 subsection (b) of this Section, and shall share the findings
12 with the election authorities.
13 (b) In addition, beginning no later than September 1,
14 2017, the State Board of Elections shall utilize data provided
15 as part of its membership in the Electronic Registration
16 Information Center in order to cross-reference the statewide
17 voter registration database against databases of relevant
18 personal information kept by designated automatic voter
19 registration agencies, including, but not limited to, driver's
20 license information kept by the Secretary of State, at least 6
21 times each calendar year and shall share the findings with
22 election authorities.
23 This subsection (b) shall no longer apply once Sections
24 1A-16.1 and 1A-16.2 of this Code are fully implemented as
25 determined by the State Board of Elections. Upon a
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1 determination by the State Board of Elections of full
2 implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
3 the State Board of Elections shall file notice of full
4 implementation and the inapplicability of this subsection (b)
5 with the Index Department of the Office of the Secretary of
6 State, the Governor, the General Assembly, and the Legislative
7 Reference Bureau.
8 (b-5) The State Board of Elections shall not be required
9 to share any data on any voter attained using the National
10 Change of Address database under subsection (a) of this
11 Section if that voter has a more recent government transaction
12 indicated using the cross-reference under subsection (b) of
13 this Section. If there is contradictory or unclear data
14 between data obtained under subsections (a) and (b) of this
15 Section, then data obtained under subsection (b) of this
16 Section shall take priority.
17 (c) An election authority shall automatically register any
18 voter who has moved into its jurisdiction from another
19 jurisdiction in Illinois or has moved within its jurisdiction
20 provided that:
21 (1) the election authority whose jurisdiction includes
22 the new registration address provides the voter an
23 opportunity to reject the change in registration address
24 through a mailing, sent by non-forwardable mail, to the
25 new registration address, and
26 (2) when the election authority whose jurisdiction
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1 includes the previous registration address is a different
2 election authority, then that election authority provides
3 the same opportunity through a mailing, sent by
4 forwardable mail, to the previous registration address.
5 This change in registration shall trigger the same
6 inter-jurisdictional or intra-jurisdictional workflows as if
7 the voter completed a new registration card, including the
8 cancellation of the voter's previous registration. Should the
9 registration of a voter be changed from one address to another
10 within the State and should the voter appear at the polls and
11 offer to vote from the prior registration address, attesting
12 that the prior registration address is the true current
13 address, the voter, if confirmed by the election authority as
14 having been registered at the prior registration address and
15 canceled only by the process authorized by this Section, shall
16 be issued a regular ballot, and the change of registration
17 address shall be canceled. If the election authority is unable
18 to immediately confirm the registration, the voter shall be
19 permitted to register and vote a regular ballot, provided that
20 he or she meets the documentary requirements for same-day
21 registration. If the election authority is unable to confirm
22 the registration and the voter does not meet the requirements
23 for same-day registration, the voter shall be issued a
24 provisional ballot.
25 (c-5) An agency that does not receive documentation that
26 an applicant is a United States citizen, as described in
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1 subsection (g) of Section 1A-16.1, may enter into an agreement
2 with the State Board of Elections to transmit information that
3 shall serve only to update an applicant's existing voter
4 registration record. Under the agreement, the agency shall
5 transmit information on all clients who may be registered to
6 vote with a clear indication that the information shall be
7 used only for updates. The State Board of Elections shall
8 determine which applicants are already registered to vote and,
9 for any voter whose information provided to the agency differs
10 from that on the voter registration record, provide that
11 information to the voter's local election authority who shall
12 update a registered voter's records in accordance with the
13 procedures described in Section 1A-16.7. The State Board of
14 Election and local election authority shall take no action
15 under this subsection for any applicant not already registered
16 to vote.
17 This subsection shall be implemented no later than January
18 1, 2026.
19 (d) No voter shall be disqualified from voting due to an
20 error relating to an update of registration under this
21 Section.
22 (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
23 Section 10. The Illinois Vehicle Code is amended by
24 changing Section 2-105 as follows:
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1 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
2 Sec. 2-105. Offices of Secretary of State.
3 (a) The Secretary of State shall maintain offices in the
4 State capital and in such other places in the State as he may
5 deem necessary to properly carry out the powers and duties
6 vested in him.
7 (b) The Secretary of State may construct and equip one or
8 more buildings in the State of Illinois outside of the County
9 of Sangamon as he deems necessary to properly carry out the
10 powers and duties vested in him. The Secretary of State may, on
11 behalf of the State of Illinois, acquire public or private
12 property needed therefor by lease, purchase or eminent domain.
13 The care, custody and control of such sites and buildings
14 constructed thereon shall be vested in the Secretary of State.
15 Expenditures for the construction and equipping of any of such
16 buildings upon premises owned by another public entity shall
17 not be subject to the provisions of any State law requiring
18 that the State be vested with absolute fee title to the
19 premises. The exercise of the authority vested in the
20 Secretary of State by this Section is subject to the
21 appropriation of the necessary funds.
22 (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
23 the Election Code, the Secretary of State shall make driver
24 services facilities available for use as places of accepting
25 applications for voter registration.
26 (d) (Blank).
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1 (e) Each applicant person applying at a driver services
2 facility for a driver's license or permit, a corrected
3 driver's license or permit, an Illinois Identification Card
4 identification card or a corrected Illinois Identification
5 Card who has presented documentation establishing United
6 States citizenship as set forth in subsection (g) of Section
7 1A-16.1 of the Election Code identification card shall be
8 notified, under the procedures set forth in Sections 1A-16.1
9 and 1A-16.7 of the Election Code, that the applicant's unless
10 he or she affirmatively declines, his or her personal
11 information shall be transferred to the State Board of
12 Elections for the purpose of creating an electronic voter
13 registration application. Each applicant applying at a driver
14 services facility for a driver's license or permit, a
15 corrected driver's license or permit or a State Identification
16 Card or a corrected Illinois Identification Card who presented
17 documentation that neither establishes that the applicant is a
18 United States citizen nor establishes that the applicant is
19 not a United States citizen, but who affirmatively indicated
20 they wished to apply to register to vote and attested, in
21 writing, to United States citizenship, shall be notified,
22 under the procedures set forth in Sections 1A-16.1 and 1A-16.7
23 of the Election Code that the applicant's personal information
24 will be transmitted to the State Board of Elections for the
25 purpose of creating an electronic voter registration
26 application. Such notification may be made in writing or
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1 verbally issued by an employee or the Secretary of State.
2 The Secretary of State shall promulgate
such rules as may
3 be necessary for the efficient execution of his duties and the
4 duties of his employees under this Section.
5 (f) Any person applying at a driver services facility for
6 issuance or renewal of a driver's license or Illinois
7 Identification Card shall be provided, without charge, with a
8 brochure warning the person of the dangers of financial
9 identity theft. The Department of Financial and Professional
10 Regulation shall prepare these brochures and provide them to
11 the Secretary of State for distribution. The brochures shall
12 (i) identify signs warning the reader that he or she might be
13 an intended victim of the crime of financial identity theft,
14 (ii) instruct the reader in how to proceed if the reader
15 believes that he or she is the victim of the crime of identity
16 theft, and (iii) provide the reader with names and telephone
17 numbers of law enforcement and other governmental agencies
18 that provide assistance to victims of financial identity
19 theft.
20 (g) (Blank). The changes made by this amendatory Act of
21 the 100th General Assembly shall be implemented no later than
22 July 1, 2018.
23 (h) The changes made to this Section by this amendatory
24 Act of the 103rd General Assembly shall be implemented no
25 later than January 1, 2026.
26 (Source: P.A. 100-464, eff. 8-28-17.)
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1 Section 95. No acceleration or delay. Where this Act makes
2 changes in a statute that is represented in this Act by text
3 that is not yet or no longer in effect (for example, a Section
4 represented by multiple versions), the use of that text does
5 not accelerate or delay the taking effect of (i) the changes
6 made by this Act or (ii) provisions derived from any other
7 Public Act.
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