SB1565 102ND GENERAL ASSEMBLY

LRB102 12941 CMG 18284 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1565

Introduced 2/26/2021, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

105 ILCS 5/9-2	from Ch. 122, par. 9-2
105 ILCS 5/9-3 new

Amends the School Code. Requires the State Board of Education to create a voter registration affidavit that shall be the exclusive means by which a noncitizen of the United States may register to vote in school board elections. Provides that the elections conducted under the provisions are considered non-State elections and are not subject to the citizenship requirement in the Illinois Constitution. Provides for what the individual shall attest to in the voter registration affidavit. Provides that the voter registration affidavit shall be valid for one school board election. Provides for the notice that shall appear in the voter registration affidavit.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 9-2 and by adding Section 9-3 as follows:

(105 ILCS 5/9-2) (from Ch. 122, par. 9-2)

Sec. 9-2. Election Definitions. As used in this Act in connection with elections of school officials and referenda:

(a) "Voter" or "Legal voter" or "elector" means a person qualified to vote under the general election law or a person qualified to vote under Section 9-3.

(b) "Certify" and "certification", when used in connection with elections of officers or referenda, refers to the certification in accordance with the general election law of offices, candidates or propositions to county clerks and boards of election commissioners for inclusion on the ballot at an election.

(c) "Submit" and "submission" when used in connection with a referendum on a proposition or question refers to the submission to the voters in accordance with the general election law of the proposition or question by county clerks and boards of election commissioners.

(d) "Local election official" means the secretary of a board of education, the secretary or clerk of a board of school directors, the treasurer of a township board of school trustees, the secretary of township land commissioners and the regional superintendent of schools with respect to the various school officer elections and school referenda for which the regional superintendent is assigned election duties pursuant to this Code.

(Source: P.A. 84-1338.)

(105 ILCS 5/9-3 new)

Sec. 9-3. Noncitizen registration for school board elections.

(a) The State Board of Education shall create a voter registration affidavit that shall be the exclusive means by which a noncitizen of the United States may register to vote in school board elections. Registration affidavits shall be filed with the local school board.

(1) Elections conducted under this Section, for the purpose of Section 1, Article III of the Illinois Constitution, are considered non-State elections and are not subject to the citizenship requirement of that Section.

(2) Upon request, a voter may obtain a ballot listing only offices to be elected under this Section.

(b) The voter registration affidavit shall, in addition to any other information required by the State Board of Education, require the individual to attest under penalty of perjury that:

(1) the individual is not a United States citizen;

(2) the individual is a resident within the boundaries of a school district and intends to remain a resident within those boundaries until the next school board election;

(3) the individual is a parent, legal guardian, or caregiver of a child who, at the time of the next school board election, will be under age 19 and resides within the boundaries of a school district;

(4) at the time of the next school board election, the individual will be at least 18 years old; and

(5) the individual is not otherwise disqualified from voting under Section 2, Article III of the Illinois Constitution.

The voter registration affidavit shall also state that it does not entitle an individual to vote in elections other than school board elections.

(c) An individual's voter registration affidavit shall be valid for one school board election. An individual must submit a new voter registration affidavit prior to voting in each school board election.

(d) The voter registration affidavit shall include the following notice:

"IMPORTANT NOTICE FOR NONCITIZENS OF THE UNITED STATES. Any information you provide to the local school board, including your name and address, may be obtained by Immigration and Customs Enforcement (ICE) and other agencies, organizations, and individuals. In addition, if you apply for naturalization, you will be asked whether you have ever registered or voted in a federal, state, or local election in the United States. You may wish to consult with an immigration attorney, an organization that protects immigrant rights, or other knowledgeable source before registering to vote in a local school board election.".

(e) The notice in subsection (d) shall appear in conspicuous type in contrast by typography, layout, or color with all other words on each document or website where the notice appears. The words "IMPORTANT NOTICE FOR NONCITIZENS OF THE UNITED STATES" shall appear in capital letters. The notice shall be included on both the State Board of Education's and the local school board's Internet websites.