104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3047 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: 10 ILCS 5/Art. 3A heading new10 ILCS 5/3A-1 new10 ILCS 5/3A-5 new10 ILCS 5/3A-10 new10 ILCS 5/3A-15 new10 ILCS 5/3A-20 new10 ILCS 5/3A-25 new10 ILCS 5/3A-30 new10 ILCS 5/3A-35 new10 ILCS 5/3A-50 new10 ILCS 5/3A-55 new10 ILCS 5/3A-60 new10 ILCS 5/3A-65 new10 ILCS 5/3A-70 new10 ILCS 5/3A-80 new10 ILCS 5/Art. 3B heading new10 ILCS 5/3B-1 new10 ILCS 5/3B-5 new10 ILCS 5/3B-10 new10 ILCS 5/3B-15 new10 ILCS 5/3B-20 new10 ILCS 5/3B-25 new30 ILCS 105/5.1030 new Amends the Election Code. Provides that the amendatory Act may be referred to as the Voting Rights Act of 2025. Creates the Voting Rights Act of 2025 Article. Provides that a political subdivision, State agency, or any other government official or entity responsible for election administration shall not implement or enforce any election policy or practice, or take any other action or fail to take any action that results in, is likely to result in, or is intended to result in disparate outcomes. Creates the Language Access in Elections Article. Provides that a local election authority shall provide language assistance for elections conducted in a political subdivision if that political subdivision meets specified conditions. Creates the Voting Rights Act of 2025 and the Language Access in Elections Articles in the Code. Effective July 1, 2025. LRB104 11050 SPS 21132 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3047 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: 10 ILCS 5/Art. 3A heading new10 ILCS 5/3A-1 new10 ILCS 5/3A-5 new10 ILCS 5/3A-10 new10 ILCS 5/3A-15 new10 ILCS 5/3A-20 new10 ILCS 5/3A-25 new10 ILCS 5/3A-30 new10 ILCS 5/3A-35 new10 ILCS 5/3A-50 new10 ILCS 5/3A-55 new10 ILCS 5/3A-60 new10 ILCS 5/3A-65 new10 ILCS 5/3A-70 new10 ILCS 5/3A-80 new10 ILCS 5/Art. 3B heading new10 ILCS 5/3B-1 new10 ILCS 5/3B-5 new10 ILCS 5/3B-10 new10 ILCS 5/3B-15 new10 ILCS 5/3B-20 new10 ILCS 5/3B-25 new30 ILCS 105/5.1030 new 10 ILCS 5/Art. 3A heading new 10 ILCS 5/3A-1 new 10 ILCS 5/3A-5 new 10 ILCS 5/3A-10 new 10 ILCS 5/3A-15 new 10 ILCS 5/3A-20 new 10 ILCS 5/3A-25 new 10 ILCS 5/3A-30 new 10 ILCS 5/3A-35 new 10 ILCS 5/3A-50 new 10 ILCS 5/3A-55 new 10 ILCS 5/3A-60 new 10 ILCS 5/3A-65 new 10 ILCS 5/3A-70 new 10 ILCS 5/3A-80 new 10 ILCS 5/Art. 3B heading new 10 ILCS 5/3B-1 new 10 ILCS 5/3B-5 new 10 ILCS 5/3B-10 new 10 ILCS 5/3B-15 new 10 ILCS 5/3B-20 new 10 ILCS 5/3B-25 new 30 ILCS 105/5.1030 new Amends the Election Code. Provides that the amendatory Act may be referred to as the Voting Rights Act of 2025. Creates the Voting Rights Act of 2025 Article. Provides that a political subdivision, State agency, or any other government official or entity responsible for election administration shall not implement or enforce any election policy or practice, or take any other action or fail to take any action that results in, is likely to result in, or is intended to result in disparate outcomes. Creates the Language Access in Elections Article. Provides that a local election authority shall provide language assistance for elections conducted in a political subdivision if that political subdivision meets specified conditions. Creates the Voting Rights Act of 2025 and the Language Access in Elections Articles in the Code. Effective July 1, 2025. LRB104 11050 SPS 21132 b LRB104 11050 SPS 21132 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3047 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
10 ILCS 5/Art. 3A heading new10 ILCS 5/3A-1 new10 ILCS 5/3A-5 new10 ILCS 5/3A-10 new10 ILCS 5/3A-15 new10 ILCS 5/3A-20 new10 ILCS 5/3A-25 new10 ILCS 5/3A-30 new10 ILCS 5/3A-35 new10 ILCS 5/3A-50 new10 ILCS 5/3A-55 new10 ILCS 5/3A-60 new10 ILCS 5/3A-65 new10 ILCS 5/3A-70 new10 ILCS 5/3A-80 new10 ILCS 5/Art. 3B heading new10 ILCS 5/3B-1 new10 ILCS 5/3B-5 new10 ILCS 5/3B-10 new10 ILCS 5/3B-15 new10 ILCS 5/3B-20 new10 ILCS 5/3B-25 new30 ILCS 105/5.1030 new 10 ILCS 5/Art. 3A heading new 10 ILCS 5/3A-1 new 10 ILCS 5/3A-5 new 10 ILCS 5/3A-10 new 10 ILCS 5/3A-15 new 10 ILCS 5/3A-20 new 10 ILCS 5/3A-25 new 10 ILCS 5/3A-30 new 10 ILCS 5/3A-35 new 10 ILCS 5/3A-50 new 10 ILCS 5/3A-55 new 10 ILCS 5/3A-60 new 10 ILCS 5/3A-65 new 10 ILCS 5/3A-70 new 10 ILCS 5/3A-80 new 10 ILCS 5/Art. 3B heading new 10 ILCS 5/3B-1 new 10 ILCS 5/3B-5 new 10 ILCS 5/3B-10 new 10 ILCS 5/3B-15 new 10 ILCS 5/3B-20 new 10 ILCS 5/3B-25 new 30 ILCS 105/5.1030 new
10 ILCS 5/Art. 3A heading new
10 ILCS 5/3A-1 new
10 ILCS 5/3A-5 new
10 ILCS 5/3A-10 new
10 ILCS 5/3A-15 new
10 ILCS 5/3A-20 new
10 ILCS 5/3A-25 new
10 ILCS 5/3A-30 new
10 ILCS 5/3A-35 new
10 ILCS 5/3A-50 new
10 ILCS 5/3A-55 new
10 ILCS 5/3A-60 new
10 ILCS 5/3A-65 new
10 ILCS 5/3A-70 new
10 ILCS 5/3A-80 new
10 ILCS 5/Art. 3B heading new
10 ILCS 5/3B-1 new
10 ILCS 5/3B-5 new
10 ILCS 5/3B-10 new
10 ILCS 5/3B-15 new
10 ILCS 5/3B-20 new
10 ILCS 5/3B-25 new
30 ILCS 105/5.1030 new
Amends the Election Code. Provides that the amendatory Act may be referred to as the Voting Rights Act of 2025. Creates the Voting Rights Act of 2025 Article. Provides that a political subdivision, State agency, or any other government official or entity responsible for election administration shall not implement or enforce any election policy or practice, or take any other action or fail to take any action that results in, is likely to result in, or is intended to result in disparate outcomes. Creates the Language Access in Elections Article. Provides that a local election authority shall provide language assistance for elections conducted in a political subdivision if that political subdivision meets specified conditions. Creates the Voting Rights Act of 2025 and the Language Access in Elections Articles in the Code. Effective July 1, 2025.
LRB104 11050 SPS 21132 b LRB104 11050 SPS 21132 b
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A BILL FOR
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HB3047 LRB104 11050 SPS 21132 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 1. This Act may be referred to as the Illinois
5 Voting Rights Act of 2025.
6 Section 5. The Election Code is amended by adding Article
7 3A and Article 3B as follows:
8 (10 ILCS 5/Art. 3A heading new)
9 ARTICLE 3A. VOTING RIGHTS ACT OF 2025
10 (10 ILCS 5/3A-1 new)
11 Sec. 3A-1. Purpose. In order to advance the protections
12 for the right to vote under Section 1 of Article III of the
13 Illinois Constitution; the right to free and equal elections
14 under Section 3 of Article III of the Illinois Constitution;
15 the protections against voter suppression and discrimination
16 provided under Section 8 of Article III of the Illinois
17 Constitution; the guarantees of equal protection, freedom of
18 expression, and freedom of association under the Illinois
19 Constitution and United States Constitution; and to protect
20 against the suppression, dilution, and abridgment of voting
21 rights on account of race, color, or membership in a language
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3047 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
10 ILCS 5/Art. 3A heading new10 ILCS 5/3A-1 new10 ILCS 5/3A-5 new10 ILCS 5/3A-10 new10 ILCS 5/3A-15 new10 ILCS 5/3A-20 new10 ILCS 5/3A-25 new10 ILCS 5/3A-30 new10 ILCS 5/3A-35 new10 ILCS 5/3A-50 new10 ILCS 5/3A-55 new10 ILCS 5/3A-60 new10 ILCS 5/3A-65 new10 ILCS 5/3A-70 new10 ILCS 5/3A-80 new10 ILCS 5/Art. 3B heading new10 ILCS 5/3B-1 new10 ILCS 5/3B-5 new10 ILCS 5/3B-10 new10 ILCS 5/3B-15 new10 ILCS 5/3B-20 new10 ILCS 5/3B-25 new30 ILCS 105/5.1030 new 10 ILCS 5/Art. 3A heading new 10 ILCS 5/3A-1 new 10 ILCS 5/3A-5 new 10 ILCS 5/3A-10 new 10 ILCS 5/3A-15 new 10 ILCS 5/3A-20 new 10 ILCS 5/3A-25 new 10 ILCS 5/3A-30 new 10 ILCS 5/3A-35 new 10 ILCS 5/3A-50 new 10 ILCS 5/3A-55 new 10 ILCS 5/3A-60 new 10 ILCS 5/3A-65 new 10 ILCS 5/3A-70 new 10 ILCS 5/3A-80 new 10 ILCS 5/Art. 3B heading new 10 ILCS 5/3B-1 new 10 ILCS 5/3B-5 new 10 ILCS 5/3B-10 new 10 ILCS 5/3B-15 new 10 ILCS 5/3B-20 new 10 ILCS 5/3B-25 new 30 ILCS 105/5.1030 new
10 ILCS 5/Art. 3A heading new
10 ILCS 5/3A-1 new
10 ILCS 5/3A-5 new
10 ILCS 5/3A-10 new
10 ILCS 5/3A-15 new
10 ILCS 5/3A-20 new
10 ILCS 5/3A-25 new
10 ILCS 5/3A-30 new
10 ILCS 5/3A-35 new
10 ILCS 5/3A-50 new
10 ILCS 5/3A-55 new
10 ILCS 5/3A-60 new
10 ILCS 5/3A-65 new
10 ILCS 5/3A-70 new
10 ILCS 5/3A-80 new
10 ILCS 5/Art. 3B heading new
10 ILCS 5/3B-1 new
10 ILCS 5/3B-5 new
10 ILCS 5/3B-10 new
10 ILCS 5/3B-15 new
10 ILCS 5/3B-20 new
10 ILCS 5/3B-25 new
30 ILCS 105/5.1030 new
Amends the Election Code. Provides that the amendatory Act may be referred to as the Voting Rights Act of 2025. Creates the Voting Rights Act of 2025 Article. Provides that a political subdivision, State agency, or any other government official or entity responsible for election administration shall not implement or enforce any election policy or practice, or take any other action or fail to take any action that results in, is likely to result in, or is intended to result in disparate outcomes. Creates the Language Access in Elections Article. Provides that a local election authority shall provide language assistance for elections conducted in a political subdivision if that political subdivision meets specified conditions. Creates the Voting Rights Act of 2025 and the Language Access in Elections Articles in the Code. Effective July 1, 2025.
LRB104 11050 SPS 21132 b LRB104 11050 SPS 21132 b
LRB104 11050 SPS 21132 b
A BILL FOR
10 ILCS 5/Art. 3A heading new
10 ILCS 5/3A-1 new
10 ILCS 5/3A-5 new
10 ILCS 5/3A-10 new
10 ILCS 5/3A-15 new
10 ILCS 5/3A-20 new
10 ILCS 5/3A-25 new
10 ILCS 5/3A-30 new
10 ILCS 5/3A-35 new
10 ILCS 5/3A-50 new
10 ILCS 5/3A-55 new
10 ILCS 5/3A-60 new
10 ILCS 5/3A-65 new
10 ILCS 5/3A-70 new
10 ILCS 5/3A-80 new
10 ILCS 5/Art. 3B heading new
10 ILCS 5/3B-1 new
10 ILCS 5/3B-5 new
10 ILCS 5/3B-10 new
10 ILCS 5/3B-15 new
10 ILCS 5/3B-20 new
10 ILCS 5/3B-25 new
30 ILCS 105/5.1030 new
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1 minority group, it is the public policy of this State to:
2 (1) encourage participation in the elective franchise
3 by all eligible voters to the maximum extent; and
4 (2) ensure that eligible voters have an equal
5 opportunity to participate in the political processes of
6 this State and to exercise the elective franchise without
7 denying or abridging that opportunity on account of race,
8 color, or membership in a language minority group.
9 (10 ILCS 5/3A-5 new)
10 Sec. 3A-5. Definitions. As used in this Article:
11 "At-large method of election" means a method of election
12 in which candidates are voted on by all voters in the political
13 subdivision, voters are allowed or required to cast as many
14 votes as there are seats to fill, and voters cannot cast more
15 than one vote for a given candidate.
16 "District-based method of election" means a method of
17 election in which the political subdivision is divided into
18 districts, each district is represented by a single
19 representative, and candidates are voted on by only voters
20 residing in the district.
21 "Election policy or practice" includes any qualification
22 to be a voter, prerequisite to voting, or method of election,
23 as well as any law, statute, ordinance, resolution, charter or
24 code provision, regulation, rule, policy, practice, procedure,
25 standard, or action with respect to voting or the
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1 administration or schedule of elections.
2 "Method of election" means the method by which candidates
3 are elected to a governmental body of a political subdivision,
4 and includes any at-large, district-based, share-based, or
5 other method of election, as well as any districting or
6 redistricting plan used to elect candidates to the
7 governmental body.
8 "Other method of election" means a method of election
9 other than an at-large, district-based, or share-based method
10 of election, or any combination of methods of election.
11 "Political subdivision" means a geographic area, which is
12 organized under State or local law for the provision of
13 government or other services, and which conducts elections
14 administered by a local election authority, including, but not
15 limited to, a county, city, town, village, school district,
16 any other district organized under State or local law, a
17 county clerk, or board of election commissioners.
18 "Protected class" means a class of eligible voters who are
19 members of a racial, color, or language minority group and
20 includes members of a reporting category that has ever been
21 established by the U.S. Office of Management and Budget
22 Statistical Policy Directive No. 15: Standards for
23 Maintaining, Collecting, and Presenting Federal Data on Race
24 and Ethnicity, and may include a class of two or more such
25 groups.
26 "Share-based method of election" means a method of
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1 election in which more than one candidate is to be elected and
2 different groups of voters may each elect their preferred
3 candidates to the seats to fill based on their relative share
4 of the votes cast. "Share-based method of election" includes,
5 but is not limited to, the single transferable vote,
6 cumulative voting, limited voting, and party-list or
7 slate-list systems.
8 "Voting eligible population" and "eligible voters" means
9 individuals who are eligible to register and vote, regardless
10 of whether the individuals are registered to vote.
11 (10 ILCS 5/3A-10 new)
12 Sec. 3A-10. Construction in favor of the right to vote.
13 Any provision of this Article, any regulation, charter, home
14 rule ordinance, or other enactment of the State or any local
15 government relating to the right to vote shall be liberally
16 construed or applied in favor of the rights enumerated in
17 paragraphs (1) through (5). To the extent a court is afforded
18 discretion on an issue, including, but not limited to,
19 discovery, procedure, admissibility of evidence, or remedies,
20 the court shall exercise that discretion and weigh other
21 equitable discretion in favor of the rights enumerated in
22 paragraphs (1) through (5) as follows:
23 (1) protecting the right to cast a ballot and make the
24 ballot valid;
25 (2) ensuring eligible individuals seeking voter
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1 registration are not impaired in being registered;
2 (3) ensuring eligible voters are not impaired in
3 voting, including, but not limited to, having their votes
4 counted;
5 (4) making the fundamental right to vote more
6 accessible to eligible voters; and
7 (5) ensuring equitable access for protected class
8 members to opportunities to be registered to vote and to
9 vote.
10 (10 ILCS 5/3A-15 new)
11 Sec. 3A-15. Prohibiting voter suppression.
12 (a) A political subdivision, State agency, or any other
13 government official or entity responsible for election
14 administration shall not implement or enforce any election
15 policy or practice, or take any other action or fail to take
16 any action that results in, is likely to result in, or is
17 intended to result in, either of the following:
18 (1) a material disparity in voter participation,
19 access to voting opportunities, or the opportunity or
20 ability to participate in any stage of the political
21 process between members of a protected class and other
22 members of the electorate; or
23 (2) based on the totality of the circumstances, the
24 opportunity or ability of members of a protected class to
25 participate in any stage of the political process is
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1 impaired.
2 (b) There shall be no violation under paragraph (1) of
3 subsection (a) if the political subdivision, State agency, or
4 any other government official or entity demonstrates by clear
5 and convincing evidence that (i) the election policy or
6 practice is necessary to significantly further an important
7 and particularized governmental interest and (ii) there is no
8 alternative election policy or practice that results in a
9 smaller disparity between protected class members and other
10 members of the electorate.
11 (c) Notwithstanding subsection (b), a violation exists
12 under paragraph (2) of subsection (a) in circumstances that
13 include, but are not limited to, any of the following:
14 (1) a political subdivision closes, moves, or
15 consolidates one or more precincts, polling places, early
16 voting sites, or ballot drop boxes or reassigns precincts
17 to polling places in a manner that makes it more difficult
18 for members of a protected class to cast their ballot or
19 results in a disparity in geographic access between
20 members of a protected class and other members of the
21 electorate;
22 (2) a political subdivision provides or changes the
23 hours or date of an election or for early voting in a
24 manner that impairs the right to vote of members of a
25 protected class, including, but not limited to, making the
26 change without proper notice as required by law; and
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1 (3) a political subdivision or State agency fails to
2 provide voting or election materials in languages other
3 than English as required by federal, State, county, or
4 other local law.
5 (d) Implementing a reorganization of a political
6 subdivision, including, but not limited to, an annexation,
7 incorporation, dissolution, consolidation, or division of a
8 political subdivision, violates subsection (a) if, based on
9 the totality of the circumstances, the reorganization impairs
10 the opportunity of protected class members to nominate or
11 elect candidates of the protected class member's choice, or
12 otherwise influence the outcome of elections.
13 (10 ILCS 5/3A-20 new)
14 Sec. 3A-20. Prohibiting vote dilution in political
15 subdivisions.
16 (a) No political subdivision shall employ (i) an at-large
17 method of election, (ii) a district-based method of election,
18 (iii) a share-based method of election, or (iv) any other
19 method of election for any office that has the effect, will
20 likely have the effect, or is motivated in part by the intent,
21 of diluting the vote of protected class members.
22 (b) A political subdivision violates subsection (a) if:
23 (1) either: (A) elections in the political subdivision
24 exhibit racially polarized voting resulting in an
25 impairment of the equal opportunity or ability of
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1 protected class members to nominate or elect candidates of
2 their choice; or (B) based on the totality of the
3 circumstances, the equal opportunity or ability of members
4 of a protected class to nominate or elect candidates of
5 their choice or influence the outcome of elections is
6 impaired; and
7 (2) one or more modifications to the existing method
8 of election or one or more new methods of election exist
9 which would cure or mitigate the impairment described in
10 subparagraph (1). For the purpose of satisfying this
11 requirement, it is not necessary for the total number or
12 share of protected class members to exceed any numerical
13 threshold in any district or in the political subdivision
14 as a whole.
15 (c) Members of different protected classes may jointly
16 file an action under this Section if that they demonstrate
17 that the combined voting preferences of the multiple protected
18 classes are polarized against the rest of the electorate.
19 (10 ILCS 5/3A-25 new)
20 Sec. 3A-25. Prohibiting vote dilution in Legislative and
21 Representative Districts.
22 (a) As required by Section 3 of Article III of the Illinois
23 Constitution which declares that "All elections shall be free
24 and equal," in any redistricting plan under Section 3 of
25 Article IV of the Illinois Constitution, the districts shall
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1 be configured in such a way as to provide adequate
2 representation to protected classes protected by federal and
3 State law. Therefore, as explained in subsection (b), no
4 Legislative Districts and Representative Districts shall be
5 drawn such that the redistricting plan has the effect, or is
6 motived in part by the intent, of impairing the opportunity or
7 ability of members of a protected class to participate in the
8 political process and elect or nominate candidates of their
9 choice or otherwise influence the outcome of elections as a
10 result of diluting the vote of such protected class members.
11 The requirements imposed by this subsection (a) are in
12 addition and subordinate to any requirements or obligations
13 imposed by the United States Constitution, any federal law
14 regarding redistricting Legislative Districts or
15 Representative Districts, including, but not limited to, the
16 federal Voting Rights Act of 1965, and the Illinois
17 Constitution.
18 (b) A redistricting plan under Section 3 of Article IV of
19 the Illinois Constitution for Legislative Districts and
20 Representative Districts violates this subsection if:
21 (1) either: (A) elections in one or more Legislative
22 or Representative districts exhibit racially polarized
23 voting resulting in an impairment of the equal opportunity
24 or ability of protected class members to nominate or elect
25 candidates of their choice; or (B) based on the totality
26 of the circumstances, the equal opportunity or ability of
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1 protected class members to nominate or elect candidates of
2 their choice or otherwise influence the outcome of
3 elections is impaired; and
4 (2) one or more reasonably configured alternative
5 redistricting plans exist which would cure or mitigate the
6 impairment described in sub-subparagraph (1) by providing
7 members of a protected class an equal opportunity or
8 ability to nominate and elect candidates of their choice.
9 For any such reasonably configured alternative
10 redistricting plan, it is not necessary to show that members
11 of a protected class comprise a majority in any such
12 districts.
13 (c) A civil action to cure a violation of this Section may
14 be brought by the Attorney General or any individual or entity
15 aggrieved by a violation of this Section in the Illinois
16 Supreme Court, which holds exclusive jurisdiction over
17 redistricting matters.
18 (d) An entity aggrieved by a violation of this Section
19 includes, but is not limited to, any entity (1) whose
20 membership includes individuals aggrieved by a violation of
21 this Section; or (2) whose mission would be frustrated by a
22 violation of this Section, including, but not limited to, an
23 entity who would expend or divert resources to fulfill its
24 mission as a result of such violation or who shall expend
25 greater resources or efforts to advocate before an elected
26 body that is less responsive to the entity or its members due
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1 to the alleged violation. An entity shall not be compelled to
2 disclose the identity of any specific member to pursue a claim
3 on behalf of its members.
4 (e) In an action involving a districting plan, any
5 individual who resides in the defendant jurisdiction and is a
6 member of the affected protected class or classes, whether
7 they reside in any particular district, may challenge the
8 districting plan as a whole.
9 (f) A person whose rights have been violated under this
10 Section is entitled to injunctive relief against district maps
11 that constitute a violation of subsection (b).
12 (g) This Section is intended to benefit and protect the
13 rights of individual voters and to provide a remedy for
14 infringing on the rights granted under this Section. This
15 Section shall be construed liberally to confer standing as
16 broadly as the Illinois Constitution permits.
17 (10 ILCS 5/3A-30 new)
18 Sec. 3A-30. Guidelines and relevant circumstances to
19 evaluate compliance.
20 (a) To evaluate the totality of the circumstances
21 paragraph (2) of subsection (a) of Section 3A-15, subparagraph
22 (B) of paragraph (1) of subsection (b) of Section 3A-20, and
23 subparagraph (B) of paragraph (1) of subsection (b) of Section
24 3A-25:
25 (1) the following factors may be relevant:
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1 (A) whether members of the protected class vote at
2 a lower rate than other voters;
3 (B) the history of discrimination affecting
4 members of the protected class;
5 (C) the extent to which members of a protected
6 class are disadvantaged, or otherwise bear the effects
7 of past public or private discrimination, in any areas
8 that may hinder the member's ability to participate
9 effectively in any stage of the political process,
10 including education, employment, health, criminal
11 justice involvement, housing, transportation, land
12 use, or environmental protection;
13 (D) the use of overt or subtle racial appeals in
14 political campaigns or by government officials, or in
15 connection with the adoption or maintenance of the
16 election policy or practice;
17 (E) the extent to which members of a protected
18 class have been elected to office;
19 (F) the extent to which members of a protected
20 class have faced barriers with respect to accessing
21 the ballot, receiving financial support, or receiving
22 any other support for an election;
23 (G) the extent to which members of a protected
24 class contribute to political campaigns at lower
25 rates;
26 (H) the extent to which candidates face hostility
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1 or barriers while campaigning due to their membership
2 in a protected class;
3 (I) the use of any election policy or practice
4 that may enhance the dilutive effects of a method of
5 election in the local government;
6 (J) the lack of responsiveness by elected
7 officials to the particularized needs of protected
8 class members or a community of protected class
9 members;
10 (K) whether the election policy or practice was
11 designed to advance, and does materially advance, a
12 valid and substantial State interest; and
13 (L) other factors deemed relevant;
14 (2) no set number or combination of these factors
15 shall be required to determine that a violation occurred;
16 and
17 (3) evidence of these factors is most probative if it
18 relates to the political subdivision in which the alleged
19 violation occurred, but is still probative if it relates
20 to the geographic region in which that political
21 subdivision is located or to this State.
22 (b) When evaluating whether a violation of Section 3A-15,
23 Section 3A-20, or Section 3A-25 has occurred:
24 (1) the following circumstances are never relevant:
25 (A) the total number or share of members of a
26 protected class on whom the election policy or
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1 practice does not impose a material burden;
2 (B) the degree to which the election policy or
3 practice has a long pedigree or was in widespread use
4 at some earlier date;
5 (C) the use of an identical or similar election
6 policy or practice in another political subdivision;
7 and
8 (D) the availability of other forms of voting not
9 impacted by the election policy or practice;
10 (2) evidence concerning the intent of voters, elected
11 officials, or public officials to discriminate against
12 protected class members is never required;
13 (3) a State interest in preventing voter fraud or
14 bolstering voter confidence in the integrity of elections
15 is not relevant unless there is substantial evidence that
16 criminal activity by individual voters has occurred in the
17 local government in substantial numbers and the connection
18 between the election policy or practice and a State
19 interest in preventing voter fraud or bolstering voter
20 confidence in the integrity of elections is supported by
21 substantial evidence;
22 (4) whether protected class members typically elect
23 candidates of their choice to the governing body in
24 approximate proportion to their total number or share of
25 the population may be relevant under Sections 3A-20 or
26 3A-25.
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1 (c) For the purposes of demonstrating that a violation of
2 subparagraph (A) of paragraph (1) of subsection (b) of Section
3 3A-20 or subparagraph (B) of paragraph (1) of subsection (A)
4 of Section 3A-25 has occurred, including for the purposes of
5 demonstrating that racially polarized voting exists:
6 (1) racially polarized voting shall be assessed based
7 on relevant election results, which may include, but are
8 not limited to, elections for offices of the political
9 subdivision; elections held in the political subdivision
10 for other offices, such as State or federal offices;
11 ballot measures; and other electoral choices that bear on
12 the rights and privileges of the protected class;
13 (A) no set number or combination of elections
14 shall be required to establish the existence of
15 racially polarized voting;
16 (B) evidence of non-polarized voting in elections
17 for offices outside the political subdivision shall
18 not preclude a finding of racially polarized voting
19 based on elections for offices of the political
20 subdivision;
21 (C) non-statistical or non-quantitative evidence
22 shall not preclude a finding of racially polarized
23 voting based on statistical or quantitative evidence;
24 and
25 (D) low turnout or registration rates among
26 protected class members shall not preclude a finding
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1 of racially polarized voting;
2 (2) racially polarized voting shall be assessed based
3 only on the combined electoral preferences of members of a
4 protected class or classes. There is no requirement that
5 the electoral preferences of each protected class or any
6 subgroup within a protected class be separately polarized
7 from those of other voters; and
8 (3) the causes of or reasons for racially polarized
9 voting, including partisan explanations or discriminatory
10 intent, are not relevant.
11 (10 ILCS 5/3A-35 new)
12 Sec. 3A-35. Pre-litigation notification letter for
13 political subdivisions.
14 (a) Before commencing legal action alleging a violation of
15 Sections 3A-15 or 3A-20, a prospective plaintiff shall send a
16 notification letter to the political subdivision or State
17 agency asserting that the political subdivision or State
18 agency may be in violation of Sections 3A-15 or 3A-20. The
19 prospective plaintiff shall not commence an action against
20 that political subdivision or State agency within 60 days
21 after sending that notification letter. If a political
22 subdivision or State agency passes a resolution, ordinance, or
23 takes other official action approved by its legislative or
24 governing body or its chief executive that indicates a good
25 faith intention to seek a remedy to the alleged violation, a
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1 prospective plaintiff shall not commence an action against
2 that political subdivision or State agency for 60 days from
3 the approval date of such resolution, ordinance or other
4 official action.
5 (b) Notwithstanding subsection (a), a pre-litigation
6 notice letter is not required if:
7 (1) the prospect of obtaining relief would be futile;
8 (2) another party has already submitted a notification
9 letter alleging a substantially similar violation and that
10 party is eligible to bring a cause of action;
11 (3) the prospective plaintiff is seeking preliminary
12 injunctive relief;
13 (4) the prospective plaintiff is seeking preliminary
14 relief with respect to an upcoming election;
15 (5) the prospective plaintiff is seeking to intervene
16 in or join an existing action;
17 (6) following the prospective plaintiff's submission
18 of a notice letter, the political subdivision or State
19 agency enacted a remedy that would not remedy the
20 violation identified in the letter;
21 (7) the prospective plaintiff is challenging an action
22 taken by the political subdivision or State agency in the
23 past year; or
24 (8) the prospective plaintiff is facing other exigent
25 circumstances.
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1 (10 ILCS 5/3A-50 new)
2 Sec. 3A-50. Civil actions.
3 (a) A civil action to cure a violation of Sections 3A-15 or
4 3A-20 may be brought by the Attorney General or any individual
5 or entity aggrieved by a violation of these Sections in any
6 State or federal court of competent jurisdiction.
7 (b) An entity aggrieved by a violation of these Sections
8 includes, but is not limited to, any entity (1) whose
9 membership includes individuals aggrieved by a violation of
10 these Sections, or (2) whose mission would be frustrated by a
11 violation of these Sections, including, but not limited to, an
12 entity who would expend or divert resources to fulfill its
13 mission as a result of such violation or who shall expend
14 greater resources or efforts to advocate before an elected
15 body that is less responsive to the entity or its members due
16 to the alleged violation. An entity shall not be compelled to
17 disclose the identity of any specific member to pursue a claim
18 on behalf of its members.
19 (c) In an action involving a districting plan, any
20 individual who resides in the defendant jurisdiction and is a
21 member of the affected protected class or classes, whether
22 they reside in any particular district, may challenge the
23 districting plan as a whole.
24 (d) This Section is intended to benefit and protect the
25 rights of individual voters and to provide a remedy for
26 infringing on the rights granted under this Section. This
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1 Section shall be construed liberally to confer standing as
2 broadly as the Illinois Constitution permits.
3 (10 ILCS 5/3A-55 new)
4 Sec. 3A-55. Remedies.
5 (a) In any action brought under this Article, except for
6 Section 3A-25, the court has broad authority to order adequate
7 remedies that are tailored to address the violation,
8 notwithstanding any other provisions of State or local law.
9 Unless otherwise prohibited by law, adequate remedies include,
10 but are not limited to, any of the following:
11 (1) drawing new or revised districting or
12 redistricting plans;
13 (2) adopting a different method of election or
14 reasonably increasing the size of the elected legislative
15 or governing body of a political subdivision;
16 (3) adding or changing voting days or hours;
17 (4) adding or moving polling places or ballot drop
18 boxes;
19 (5) eliminating staggered elections so that all
20 members of the elected legislative or governing body are
21 elected at the same time;
22 (6) ordering a special election;
23 (7) restoring or adding individuals to a voter
24 registration list or requiring expanded opportunities for
25 admitting voters;
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1 (8) reorganizing a political subdivision, including,
2 but not limited to, an annexation, incorporation,
3 dissolution, consolidation, or division of a political
4 subdivision;
5 (9) imposing nominal or compensatory damages;
6 (10) imposing punitive damages in the form of a civil
7 fine that shall be deposited into the Voter Outreach and
8 Education Fund;
9 (11) any other form of declaratory or injunctive
10 relief that, in the court's judgment, is tailored to
11 address the violation; and
12 (12) retaining jurisdiction for a period of time the
13 court considers appropriate.
14 (b) In any action in which a court finds a violation of
15 this Article, the federal Voting Rights Act of 1965, the
16 Illinois Constitution, the Fourteenth Amendment of the United
17 States Constitution concerning the right to vote, the
18 Fifteenth Amendment of the United States Constitution, or any
19 other State or federal law concerning the right to vote for
20 protected class members, in addition to the remedies available
21 under subsection (a), the court may retain jurisdiction and
22 require that, for a period of 10 years, the local government
23 obtain a court order before enacting any election policy or
24 practice as follows:
25 (1) a court shall retain jurisdiction following a
26 violation described in subsection (b) if the violation is
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1 susceptible to repetition, the remedy is susceptible to
2 circumvention, there is evidence of intentional
3 discrimination by the local government, or the local
4 government failed to adopt broad prophylactic measures
5 that prevent any future violations. Otherwise, the court
6 may retain jurisdiction following a violation described in
7 subsection (b) based on the severity of the violation and
8 whether the local government has any previous violations;
9 and
10 (2) a request for judicial preapproval submitted to a
11 court under this subsection may be granted only if the
12 court concludes that:
13 (A) the proposed election policy or practice will
14 not diminish, in relation to the status quo before the
15 enactment or implementation of the election policy or
16 practice, the equal opportunity or ability of members
17 of a protected class whose voting rights are
18 implicated by the election policy or practice to
19 participate in any stage of the political process or
20 to nominate or elect candidates of their choice; and
21 (B) that the proposed election policy or practice
22 is unlikely to violate any of the provisions of this
23 Article.
24 (c) In any action brought under this Article, the court
25 may order a remedy only if the remedy will not impair the
26 ability of protected class members to participate in the
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1 political process and elect the protected class member's
2 preferred candidates, or otherwise influence the outcome of
3 elections.
4 (d) In any action brought under this Article, the court
5 shall consider remedies proposed by any parties and interested
6 non-parties and shall not provide deference or priority to a
7 proposed remedy offered by the defendant or the political
8 subdivision simply because the remedy has been proposed by the
9 defendant or the political subdivision.
10 (10 ILCS 5/3A-60 new)
11 Sec. 3A-60. Attorney's fees. A court shall award
12 reasonable attorney's fees and costs, including expert witness
13 fees and other litigation expenses, to a plaintiff who is a
14 prevailing party in any action brought under this Article or
15 under procedures under Section 3A-35. In awarding reasonable
16 attorney's fees, the court shall consider the degree to which
17 the relief obtained relates to the relief sought.
18 For the purpose of this Section, the term "prevailing
19 party" includes any party:
20 (1) who obtains some of their requested relief through
21 a judicial judgment in their favor;
22 (2) who obtains some of their requested relief through
23 any settlement agreement approved by the court; or
24 (3) whose pursuit of a non-frivolous claim or notice
25 of a claim following the procedure under Section 3A-35 was
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1 a catalyst for a unilateral change in position by the
2 opposing party relative to the relief sought.
3 To the extent parties are unable to come to mutual
4 agreement, any party may file a motion or action for
5 clarification of rights.
6 (10 ILCS 5/3A-65 new)
7 Sec. 3A-65. Expedient litigation and preliminary relief.
8 Because of the frequency of elections, the severe consequences
9 and irreparable harm of holding elections under unlawful
10 conditions, and the expenditure to defend potentially unlawful
11 conditions that benefit incumbent officials, actions brought
12 under this Article are subject to expedited pretrial and trial
13 proceedings and shall receive an automatic calendar
14 preference. In any action alleging a violation of this Article
15 or any other law concerning voting rights or elections in
16 which a plaintiff party seeks preliminary relief with respect
17 to an upcoming election, the court shall grant relief if the
18 court determines that the plaintiffs are more likely than not
19 to succeed on the merits, and it is possible to implement an
20 adequate remedy before an upcoming primary or general election
21 that would resolve the alleged violation.
22 (10 ILCS 5/3A-70 new)
23 Sec. 3A-70. Voter Outreach and Education Fund. There is
24 created in the State treasury a special fund to be known as the
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1 Voter Outreach and Education Fund. All penalties and charges
2 directed to the Fund by Section 3A-55 and all other funds from
3 any public or private source directed to the Fund shall be paid
4 into the Fund. Interest earned on moneys in the Fund shall
5 remain in the Fund and be credited to it. Moneys in the Fund
6 shall be used solely for the purposes of educating voters and
7 persons qualified to be voters on the rights ensured to them
8 under federal and State constitutional and statutory law and
9 remedies.
10 (10 ILCS 5/3A-80 new)
11 Sec. 3A-80. Construction and severability.
12 (a) No act of the General Assembly shall be construed to
13 supersede, amend, abrogate, or limit the applicability or
14 scope of this Article, unless it explicitly states that it
15 supersedes, amends, abrogates, or limits the applicability or
16 scope of the Illinois Voting Rights Act, even if the act may be
17 construed as contradicting, conflicting with, or interpreting
18 this Article or violating any of its provisions. When
19 evaluating whether a political subdivision or government
20 official or entity responsible for election administration has
21 violated Section 3A-20, other acts of the General Assembly
22 shall not be considered.
23 (b) The provisions of this Article shall be severable and
24 if any section, subsection, paragraph, subparagraph, sentence,
25 or other portion of this Article is for any reason held or
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1 declared by any court of competent jurisdiction to be
2 unconstitutional or preempted by federal law, or the
3 applicability of that portion to any person or facility is
4 held invalid, the remainder of this Article shall not thereby
5 be deemed to be unconstitutional, preempted, or invalid.
6 (10 ILCS 5/Art. 3B heading new)
7 ARTICLE 3B. LANGUAGE ACCESS IN ELECTIONS
8 (10 ILCS 5/3B-1 new)
9 Sec. 3B-1. Definitions. As used in this Article:
10 "Limited-English proficiency" is defined as unable to
11 speak, read, write or understand English adequately enough to
12 participate in the electoral process.
13 "Local election authority" means a county clerk or board
14 of election commissioners.
15 "Political subdivision" means a geographic area which is
16 organized under State or local law for the provision of
17 government or other services, and which conducts elections
18 administered by a local election authority, including, but not
19 limited to, a county, city, town, village, school district,
20 any other district organized under State or local law, county
21 clerk, or board of election commissioners.
22 (10 ILCS 5/3B-5 new)
23 Sec. 3B-5. Language access assistance.
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1 (a) A local election authority shall provide language
2 assistance for elections conducted in a political subdivision
3 if that political subdivision meets any of the following
4 conditions:
5 (1) has a voting-eligible population of at least 600
6 individuals in that political subdivision who speak 1
7 language other than English and have limited English
8 proficiency; and
9 (2) has a voting-eligible population of at least 100
10 individuals in that political subdivision who speak 1
11 language other than English and have limited English
12 proficiency and also comprise 2.5% or more of the
13 voting-eligible population in the local government.
14 (b) On at least a biannual basis, the State Board of
15 Elections shall post on its website both of the following
16 based on data made available by the United States Census
17 Bureau, American Community Survey, or data of comparable
18 quality collected by a public office:
19 (1) a list of each political subdivision that is
20 required under this Section to provide language assistance
21 for elections under subsection (a); and
22 (2) a list of each language in which the political
23 subdivisions listed in paragraph (1) of subsection (b) are
24 required to provide language assistance for elections.
25 (c) The State Board of Elections shall provide the
26 information posted on its website under subsection (b) to each
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1 local election authority in this State.
2 (d) If the State Board of Elections determines under this
3 Section that language assistance for elections shall be
4 provided in a political subdivision, the local election
5 authority shall do the following:
6 (1) provide effective language assistance for
7 elections in each designated language and provide related
8 materials in English, and in each designated language as
9 translated by a certified translator, including
10 registration or voting notices, forms, instructions,
11 assistance, ballots, absent voter ballot applications,
12 signage at polling places, and other materials or
13 information relating to the electoral process;
14 (2) for a language that is oral or unwritten,
15 including historically unwritten as may be the case for
16 some Native Americans, provide only oral instructions,
17 assistance, or other information relating to the electoral
18 process in that language; and
19 (3) ensure that all materials provided in a designated
20 language are of an equal quality to the corresponding
21 English materials, ensure that all provided translations
22 convey the intent and essential meaning of the original
23 text or communication and do not rely solely on any
24 automatic translation service, and ensure the accuracy of
25 the translated voting or election materials, including any
26 varying dialects.
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1 (e) If available, language assistance for elections shall
2 include live interpretation. In addition to the other
3 requirements of this Section, each local election authority
4 that meets any of the conditions in paragraphs (1) or (2) of
5 subsection (a) shall make a good faith effort to provide
6 bilingual election judges.
7 (f) The State Board of Elections shall produce electronic
8 copies of any election materials that the State Board of
9 Elections makes public in each language that has been
10 designated under subsection (a).
11 (g) Nothing in this Section prohibits a political
12 subdivision or local election authority from voluntarily
13 providing language assistance for elections beyond that
14 language assistance for elections required in this Section or
15 passing laws requiring additional language assistance for
16 elections than required in this Section if the political
17 subdivision or local election authority determines that
18 language assistance for elections would be beneficial for the
19 limited English proficiency residents in that political
20 subdivision.
21 (h) This Section takes effect January 1, 2026.
22 (10 ILCS 5/3B-10 new)
23 Sec. 3B-10. Public and private right of action. The
24 Attorney General, any individual aggrieved by a violation of
25 Section 3B-5, any entity whose membership includes individuals
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1 aggrieved by a violation of Section 3B-5, any entity whose
2 mission would be frustrated by a violation of Section 3B-5, or
3 any entity that would expend resources in order to fulfill its
4 mission as a result of a violation of Section 3B-5 may bring a
5 civil lawsuit, in a federal district court or State circuit
6 court, against the offending unit of government. Any State
7 claim brought in federal district court shall be a
8 supplemental claim to a federal claim. This Article is
9 intended to benefit and protect the rights of individual,
10 eligible voters and to provide a remedy for infringing on the
11 rights granted under this Article.
12 (10 ILCS 5/3B-15 new)
13 Sec. 3B-15. Remedies.
14 (a) In any action brought under Section 3B-10, the court
15 has broad authority to order adequate remedies that are
16 tailored to address the violation. Unless otherwise prohibited
17 by law, adequate remedies include, but are not limited to, any
18 of the following:
19 (1) adding voting days or hours;
20 (2) adding polling places or absent voter ballot drop
21 boxes;
22 (3) ordering a special election;
23 (4) imposing nominal or compensatory damages;
24 (5) imposing punitive damages in the form of a civil
25 fine that shall be deposited into the Voter Outreach and
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1 Education Fund;
2 (6) any other form of declaratory or injunctive relief
3 that, in the court's judgment, is tailored to address the
4 violation; or
5 (7) retaining jurisdiction for a period of time the
6 court considers appropriate.
7 (b) In any action brought under Section 3B-10, the court
8 may order a remedy only if the remedy will not impair the
9 ability of limited English proficient voters to participate in
10 the political process and elect the limited English proficient
11 voter's preferred candidates, or otherwise influence the
12 outcome of elections.
13 (c) In any action brought under Section 3B-10, the court
14 shall consider remedies proposed by any parties and interested
15 non-parties and shall not provide deference or priority to a
16 proposed remedy offered by the defendant or the political
17 subdivision simply because the remedy has been proposed by the
18 defendant or the political subdivision.
19 (d) In any action brought under Section 3B-10, the court
20 has the authority to order remedies that may be inconsistent
21 with other provisions of State or local law, when the
22 inconsistent provisions of law would otherwise preclude the
23 court from ordering an adequate remedy.
24 (10 ILCS 5/3B-20 new)
25 Sec. 3B-20. Attorney's fees. Upon motion, a court shall
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1 award reasonable attorney's fees and costs, including expert
2 witness fees and other litigation expenses, to a plaintiff who
3 is a prevailing party in any action brought under this
4 Article. In awarding reasonable attorney's fees, the court
5 shall consider the degree to which the relief obtained relates
6 to the relief sought.
7 For the purpose of this Section, the term "prevailing
8 party" includes any party:
9 (1) who obtains some of their requested relief through
10 a judicial judgment in their favor;
11 (2) who obtains some of their requested relief through
12 any settlement agreement approved by the court; or
13 (3) whose pursuit of a non-frivolous claim was a
14 catalyst for a unilateral change in position by the
15 opposing party relative to the relief sought.
16 (10 ILCS 5/3B-25 new)
17 Sec. 3B-25. Expedient litigation. Because of the frequency
18 of elections, the severe consequences and irreparable harm of
19 holding elections under unlawful conditions, and the
20 expenditure to defend potentially unlawful conditions that
21 benefit incumbent officials, actions brought under this
22 Article are subject to expedited pretrial and trial
23 proceedings and shall receive an automatic calendar
24 preference.
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1 Section 10. The State Finance Act is amended by adding
2 Section 5.1030 as follows:
3 (30 ILCS 105/5.1030 new)
4 Sec. 5.1030. The Voter Outreach and Education Fund.
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