SB3170 104TH GENERAL ASSEMBLY

LRB104 18009 SPS 31446 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3170

Introduced 2/2/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

See Index

Amends the Election Code. Provides that the amendatory Act may be referred to as the Voting Rights Act of 2026. Creates the Voting Rights Act of 2026 Article in the Code. 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 in the Code. Provides that a local election authority shall provide language assistance for elections conducted in a political subdivision if that political subdivision meets specified conditions. Amends the State Finance Act to make a conforming change. Effective July 1, 2026.

A BILL FOR

AN ACT concerning elections.

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

Section 1. This Act may be referred to as the Illinois Voting Rights Act of 2026.

Section 5. The Election Code is amended by adding Article 3A and Article 3B as follows:

(10 ILCS 5/Art. 3A heading new)

ARTICLE 3A. VOTING RIGHTS ACT OF 2026

(10 ILCS 5/3A-1 new)

Sec. 3A-1. Purpose. In order to advance the protections for the right to vote under Section 1 of Article III of the Illinois Constitution; the right to free and equal elections under Section 3 of Article III of the Illinois Constitution; the protections against voter suppression and discrimination provided under Section 8 of Article III of the Illinois Constitution; the guarantees of equal protection, freedom of expression, and freedom of association under the Illinois Constitution and United States Constitution; and to protect against the suppression, dilution, and abridgment of voting rights on account of race, color, or membership in a language minority group, it is the public policy of this State to:

(1) encourage participation in the elective franchise by all eligible voters to the maximum extent; and

(2) ensure that eligible voters have an equal opportunity to participate in the political processes of this State and to exercise the elective franchise without denying or abridging that opportunity on account of race, color, or membership in a language minority group.

(10 ILCS 5/3A-5 new)

Sec. 3A-5. Definitions. As used in this Article:

"At-large method of election" means a method of election in which candidates are voted on by all voters in the political subdivision, voters are allowed or required to cast as many votes as there are seats to fill, and voters cannot cast more than one vote for a given candidate.

"District-based method of election" means a method of election in which the political subdivision is divided into districts, each district is represented by a single representative, and candidates are voted on by only voters residing in the district.

"Election policy or practice" includes any qualification to be a voter, prerequisite to voting, or method of election, as well as any law, statute, ordinance, resolution, charter or code provision, regulation, rule, policy, practice, procedure, standard, or action with respect to voting or the administration or schedule of elections.

"Method of election" means the method by which candidates are elected to a governmental body of a political subdivision, and includes any at-large, district-based, share-based, or other method of election, as well as any districting or redistricting plan used to elect candidates to the governmental body.

"Other method of election" means a method of election other than an at-large, district-based, or share-based method of election, or any combination of methods of election.

"Political subdivision" means a geographic area, which is organized under State or local law for the provision of government or other services, and which conducts elections administered by a local election authority, including, but not limited to, a county, city, town, village, school district, any other district organized under State or local law, a county clerk, or board of election commissioners.

"Protected class" means a class of eligible voters who are members of a racial, color, or language minority group and includes members of a reporting category that has ever been established by the U.S. Office of Management and Budget Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity, and may include a class of 2 or more such groups.

"Share-based method of election" means a method of election in which more than one candidate is to be elected and different groups of voters may each elect their preferred candidates to the seats to fill based on their relative share of the votes cast. "Share-based method of election" includes, but is not limited to, the single transferable vote, cumulative voting, limited voting, and party-list or slate-list systems.

"Voting eligible population" and "eligible voters" means individuals who are eligible to register and vote, regardless of whether the individuals are registered to vote.

(10 ILCS 5/3A-10 new)

Sec. 3A-10. Construction in favor of the right to vote. Any provision of this Article, any regulation, charter, home rule ordinance, or other enactment of the State or any local government relating to the right to vote shall be liberally construed or applied in favor of the rights enumerated in paragraphs (1) through (5). To the extent a court is afforded discretion on an issue, including, but not limited to, discovery, procedure, admissibility of evidence, or remedies, the court shall exercise that discretion and weigh other equitable discretion in favor of the rights enumerated in paragraphs (1) through (5) as follows:

(1) protecting the right to cast a ballot and make the ballot valid;

(2) ensuring eligible individuals seeking voter registration are not impaired in being registered;

(3) ensuring eligible voters are not impaired in voting, including, but not limited to, having their votes counted;

(4) making the fundamental right to vote more accessible to eligible voters; and

(5) ensuring equitable access for protected class members to opportunities to be registered to vote and to vote.

(10 ILCS 5/3A-15 new)

Sec. 3A-15. Prohibiting voter suppression.

(a) 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, either of the following:

(1) a material disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process between members of a protected class and other members of the electorate; or

(2) based on the totality of the circumstances, the opportunity or ability of members of a protected class to participate in any stage of the political process is impaired.

(b) There shall be no violation under paragraph (1) of subsection (a) if the political subdivision, State agency, or any other government official or entity demonstrates by clear and convincing evidence that (i) the election policy or practice is necessary to significantly further an important and particularized governmental interest and (ii) there is no alternative election policy or practice that results in a smaller disparity between protected class members and other members of the electorate.

(c) Notwithstanding subsection (b), a violation exists under paragraph (2) of subsection (a) in circumstances that include, but are not limited to, any of the following:

(1) a political subdivision closes, moves, or consolidates one or more precincts, polling places, early voting sites, or ballot drop boxes or reassigns precincts to polling places in a manner that makes it more difficult for members of a protected class to cast their ballot or results in a disparity in geographic access between members of a protected class and other members of the electorate;

(2) a political subdivision provides or changes the hours or date of an election or for early voting in a manner that impairs the right to vote of members of a protected class, including, but not limited to, making the change without proper notice as required by law; and

(3) a political subdivision or State agency fails to provide voting or election materials in languages other than English as required by federal, State, county, or other local law.

(d) Implementing a reorganization of a political subdivision, including, but not limited to, an annexation, incorporation, dissolution, consolidation, or division of a political subdivision, violates subsection (a) if, based on the totality of the circumstances, the reorganization impairs the opportunity of protected class members to nominate or elect candidates of the protected class member's choice, or otherwise influence the outcome of elections.

(10 ILCS 5/3A-20 new)

Sec. 3A-20. Prohibiting vote dilution in political subdivisions.

(a) No political subdivision shall employ (i) an at-large method of election, (ii) a district-based method of election, (iii) a share-based method of election, or (iv) any other method of election for any office that has the effect, will likely have the effect, or is motivated in part by the intent, of diluting the vote of protected class members.

(b) A political subdivision violates subsection (a) if:

(1) either: (A) elections in the political subdivision exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or (B) based on the totality of the circumstances, the equal opportunity or ability of members of a protected class to nominate or elect candidates of their choice or influence the outcome of elections is impaired; and

(2) one or more modifications to the existing method of election or one or more new methods of election exist which would cure or mitigate the impairment described in subparagraph (1). For the purpose of satisfying this requirement, it is not necessary for the total number or share of protected class members to exceed any numerical threshold in any district or in the political subdivision as a whole.

(c) Members of different protected classes may jointly file an action under this Section if that they demonstrate that the combined voting preferences of the multiple protected classes are polarized against the rest of the electorate.

(10 ILCS 5/3A-25 new)

Sec. 3A-25. Prohibiting vote dilution in Legislative and Representative Districts.

(a) As required by Section 3 of Article III of the Illinois Constitution which declares that "All elections shall be free and equal," in any redistricting plan under Section 3 of Article IV of the Illinois Constitution, the districts shall be configured in such a way as to provide adequate representation to protected classes protected by federal and State law. Therefore, as explained in subsection (b), no Legislative Districts and Representative Districts shall be drawn such that the redistricting plan has the effect, or is motived in part by the intent, of impairing the opportunity or ability of members of a protected class to participate in the political process and elect or nominate candidates of their choice or otherwise influence the outcome of elections as a result of diluting the vote of the protected class members. The requirements imposed by this subsection (a) are in addition and subordinate to any requirements or obligations imposed by the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, including, but not limited to, the federal Voting Rights Act of 1965, and the Illinois Constitution.

(b) A redistricting plan under Section 3 of Article IV of the Illinois Constitution for Legislative Districts and Representative Districts violates this subsection if:

(1) either: (A) elections in one or more Legislative or Representative districts exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or (B) based on the totality of the circumstances, the equal opportunity or ability of protected class members to nominate or elect candidates of their choice or otherwise influence the outcome of elections is impaired; and

(2) one or more reasonably configured alternative redistricting plans exist which would cure or mitigate the impairment described in sub-subparagraph (1) by providing members of a protected class an equal opportunity or ability to nominate and elect candidates of their choice.

For a reasonably configured alternative redistricting plan, it is not necessary to show that members of a protected class comprise a majority in the districts.

(c) A civil action to cure a violation of this Section may be brought by the Attorney General or any individual or entity aggrieved by a violation of this Section in the Illinois Supreme Court, which holds exclusive jurisdiction over redistricting matters.

(d) An entity aggrieved by a violation of this Section includes, but is not limited to, any entity (1) whose membership includes individuals aggrieved by a violation of this Section; or (2) whose mission would be frustrated by a violation of this Section, including, but not limited to, an entity who would expend or divert resources to fulfill its mission as a result of the violation or who shall expend greater resources or efforts to advocate before an elected body that is less responsive to the entity or its members due to the alleged violation. An entity shall not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members.

(e) In an action involving a districting plan, any individual who resides in the defendant jurisdiction and is a member of the affected protected class or classes, whether they reside in any particular district, may challenge the districting plan as a whole.

(f) A person whose rights have been violated under this Section is entitled to injunctive relief against district maps that constitute a violation of subsection (b).

(g) This Section is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Section. This Section shall be construed liberally to confer standing as broadly as the Illinois Constitution permits.

(10 ILCS 5/3A-30 new)

Sec. 3A-30. Guidelines and relevant circumstances to evaluate compliance.

(a) To evaluate the totality of the circumstances under paragraph (2) of subsection (a) of Section 3A-15, subparagraph (B) of paragraph (1) of subsection (b) of Section 3A-20, and subparagraph (B) of paragraph (1) of subsection (b) of Section 3A-25:

(1) the following factors may be relevant:

(A) whether members of the protected class vote at a lower rate than other voters;

(B) the history of discrimination affecting members of the protected class;

(C) the extent to which members of a protected class are disadvantaged, or otherwise bear the effects of past public or private discrimination, in any areas that may hinder the member's ability to participate effectively in any stage of the political process, including education, employment, health, criminal justice involvement, housing, transportation, land use, or environmental protection;

(D) the use of overt or subtle racial appeals in political campaigns or by government officials, or in connection with the adoption or maintenance of the election policy or practice;

(E) the extent to which members of a protected class have been elected to office;

(F) the extent to which members of a protected class have faced barriers with respect to accessing the ballot, receiving financial support, or receiving any other support for an election;

(G) the extent to which members of a protected class contribute to political campaigns at lower rates;

(H) the extent to which candidates face hostility or barriers while campaigning due to their membership in a protected class;

(I) the use of any election policy or practice that may enhance the dilutive effects of a method of election in the local government;

(J) the lack of responsiveness by elected officials to the particularized needs of protected class members or a community of protected class members;

(K) whether the election policy or practice was designed to advance, and does materially advance, a valid and substantial State interest; and

(L) other factors deemed relevant;

(2) no set number or combination of these factors shall be required to determine that a violation occurred; and

(3) evidence of these factors is most probative if it relates to the political subdivision in which the alleged violation occurred, but is still probative if it relates to the geographic region in which that political subdivision is located or to this State.

(b) When evaluating whether a violation of Section 3A-15, Section 3A-20, or Section 3A-25 has occurred:

(1) the following circumstances are never relevant:

(A) the total number or share of members of a protected class on whom the election policy or practice does not impose a material burden;

(B) the degree to which the election policy or practice has a long pedigree or was in widespread use at some earlier date;

(C) the use of an identical or similar election policy or practice in another political subdivision; and

(D) the availability of other forms of voting not impacted by the election policy or practice;

(2) evidence concerning the intent of voters, elected officials, or public officials to discriminate against protected class members is never required;

(3) a State interest in preventing voter fraud or bolstering voter confidence in the integrity of elections is not relevant unless there is substantial evidence that criminal activity by individual voters has occurred in the local government in substantial numbers and the connection between the election policy or practice and a State interest in preventing voter fraud or bolstering voter confidence in the integrity of elections is supported by substantial evidence;

(4) whether protected class members typically elect candidates of their choice to the governing body in approximate proportion to their total number or share of the population may be relevant under Sections 3A-20 or 3A-25.

(c) For the purposes of demonstrating that a violation of subparagraph (A) of paragraph (1) of subsection (b) of Section 3A-20 or subparagraph (A) of paragraph (1) of subsection (b) of Section 3A-25 has occurred, including for the purposes of demonstrating that racially polarized voting exists:

(1) racially polarized voting shall be assessed based on relevant election results, which may include, but are not limited to, elections for offices of the political subdivision; elections held in the political subdivision for other offices, such as State or federal offices; ballot measures; and other electoral choices that bear on the rights and privileges of the protected class;

(A) no set number or combination of elections shall be required to establish the existence of racially polarized voting;

(B) evidence of non-polarized voting in elections for offices outside the political subdivision shall not preclude a finding of racially polarized voting based on elections for offices of the political subdivision;

(C) non-statistical or non-quantitative evidence shall not preclude a finding of racially polarized voting based on statistical or quantitative evidence; and

(D) low turnout or registration rates among protected class members shall not preclude a finding of racially polarized voting;

(2) racially polarized voting shall be assessed based only on the combined electoral preferences of members of a protected class or classes. There is no requirement that the electoral preferences of each protected class or any subgroup within a protected class be separately polarized from those of other voters; and

(3) the causes of or reasons for racially polarized voting, including partisan explanations or discriminatory intent, are not relevant.

(10 ILCS 5/3A-35 new)

Sec. 3A-35. Pre-litigation notification letter for political subdivisions.

(a) Before commencing legal action alleging a violation of Sections 3A-15 or 3A-20, a prospective plaintiff shall send a notification letter to the political subdivision or State agency asserting that the political subdivision or State agency may be in violation of Sections 3A-15 or 3A-20. The prospective plaintiff shall not commence an action against that political subdivision or State agency within 60 days after sending that notification letter. If a political subdivision or State agency passes a resolution, ordinance, or takes other official action approved by its legislative or governing body or its chief executive that indicates a good faith intention to seek a remedy to the alleged violation, a prospective plaintiff shall not commence an action against that political subdivision or State agency for 60 days from the approval date of the resolution, ordinance or other official action.

(b) Notwithstanding subsection (a), a pre-litigation notice letter is not required if:

(1) the prospect of obtaining relief would be futile;

(2) another party has already submitted a notification letter alleging a substantially similar violation and that party is eligible to bring a cause of action;

(3) the prospective plaintiff is seeking preliminary injunctive relief;

(4) the prospective plaintiff is seeking preliminary relief with respect to an upcoming election;

(5) the prospective plaintiff is seeking to intervene in or join an existing action;

(6) following the prospective plaintiff's submission of a notice letter, the political subdivision or State agency enacted a remedy that would not remedy the violation identified in the letter;

(7) the prospective plaintiff is challenging an action taken by the political subdivision or State agency in the past year; or

(8) the prospective plaintiff is facing other exigent circumstances.

(10 ILCS 5/3A-50 new)

Sec. 3A-50. Civil actions.

(a) A civil action to cure a violation of Sections 3A-15 or 3A-20 may be brought by the Attorney General or any individual or entity aggrieved by a violation of these Sections in any State or federal court of competent jurisdiction.

(b) An entity aggrieved by a violation of these Sections includes, but is not limited to, any entity (1) whose membership includes individuals aggrieved by a violation of these Sections, or (2) whose mission would be frustrated by a violation of these Sections, including, but not limited to, an entity who would expend or divert resources to fulfill its mission as a result of the violation or who shall expend greater resources or efforts to advocate before an elected body that is less responsive to the entity or its members due to the alleged violation. An entity shall not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members.

(c) In an action involving a districting plan, any individual who resides in the defendant jurisdiction and is a member of the affected protected class or classes, whether they reside in any particular district, may challenge the districting plan as a whole.

(d) This Article is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Section. This Article shall be construed liberally to confer standing as broadly as the Illinois Constitution permits.

(10 ILCS 5/3A-55 new)

Sec. 3A-55. Remedies.

(a) In any action brought under this Article, except for Section 3A-25, the court has broad authority to order adequate remedies that are tailored to address the violation, notwithstanding any other provisions of State or local law. Unless otherwise prohibited by law, adequate remedies include, but are not limited to, any of the following:

(1) drawing new or revised districting or redistricting plans;

(2) adopting a different method of election or reasonably increasing the size of the elected legislative or governing body of a political subdivision;

(3) adding or changing voting days or hours;

(4) adding or moving polling places or ballot drop boxes;

(5) eliminating staggered elections so that all members of the elected legislative or governing body are elected at the same time;

(6) ordering a special election;

(7) restoring or adding individuals to a voter registration list or requiring expanded opportunities for admitting voters;

(8) reorganizing a political subdivision, including, but not limited to, an annexation, incorporation, dissolution, consolidation, or division of a political subdivision;

(9) imposing nominal or compensatory damages;

(10) imposing punitive damages in the form of a civil fine that shall be deposited into the Voter Outreach and Education Fund;

(11) any other form of declaratory or injunctive relief that, in the court's judgment, is tailored to address the violation; and

(12) retaining jurisdiction for a period of time the court considers appropriate.

(b) In any action in which a court finds a violation of this Article, the federal Voting Rights Act of 1965, the Illinois Constitution, the Fourteenth Amendment of the United States Constitution concerning the right to vote, the Fifteenth Amendment of the United States Constitution, or any other State or federal law concerning the right to vote for protected class members, in addition to the remedies available under subsection (a), the court may retain jurisdiction and require that, for a period of 10 years, the local government obtain a court order before enacting any election policy or practice as follows:

(1) a court shall retain jurisdiction following a violation described in subsection (b) if the violation is susceptible to repetition, the remedy is susceptible to circumvention, there is evidence of intentional discrimination by the local government, or the local government failed to adopt broad prophylactic measures that prevent any future violations. Otherwise, the court may retain jurisdiction following a violation described in subsection (b) based on the severity of the violation and whether the local government has any previous violations; and

(2) a request for judicial preapproval submitted to a court under this subsection may be granted only if the court concludes that:

(A) the proposed election policy or practice will not diminish, in relation to the status quo before the enactment or implementation of the election policy or practice, the equal opportunity or ability of members of a protected class whose voting rights are implicated by the election policy or practice to participate in any stage of the political process or to nominate or elect candidates of their choice; and

(B) that the proposed election policy or practice is unlikely to violate any of the provisions of this Article.

(c) In any action brought under this Article, the court may order a remedy only if the remedy will not impair the ability of protected class members to participate in the political process and elect the protected class member's preferred candidates, or otherwise influence the outcome of elections.

(d) In any action brought under this Article, the court shall consider remedies proposed by any parties and interested non-parties and shall not provide deference or priority to a proposed remedy offered by the defendant or the political subdivision because the remedy has been proposed by the defendant or the political subdivision.

(10 ILCS 5/3A-60 new)

Sec. 3A-60. Attorney's fees. A prevailing party in any action brought under this Article or under Section 3A-35 shall be entitled to reasonable attorney's fees and costs, including expert witness fees and other litigation expenses.

For the purpose of this Section, the term "prevailing party" includes:

(1) a plaintiff who obtains some of its requested relief through a judicial judgment in its favor;

(2) a plaintiff who obtains some of its requested relief through any settlement agreement approved by the court; or

(3) an individual or group whose pursuit of a nonfrivolous claim or notice of a claim following the procedure under Section 3A-35 was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

To the extent parties are unable to come to mutual agreement, any party may file a motion or action for clarification of rights.

(10 ILCS 5/3A-65 new)

Sec. 3A-65. Expedient litigation and preliminary relief. Because of the frequency of elections, the severe consequences and irreparable harm of holding elections under unlawful conditions, and the expenditure to defend potentially unlawful conditions that benefit incumbent officials, actions brought under this Article are subject to expedited pretrial and trial proceedings and shall receive an automatic calendar preference. In any action alleging a violation of this Article or any other law concerning voting rights or elections in which a plaintiff party seeks preliminary relief with respect to an upcoming election, the court shall grant relief if the court determines that the plaintiffs are more likely than not to succeed on the merits, and it is possible to implement an adequate remedy before an upcoming primary or general election that would resolve the alleged violation.

(10 ILCS 5/3A-70 new)

Sec. 3A-70. Voter Outreach and Education Fund. There is created in the State treasury a special fund to be known as the Voter Outreach and Education Fund. All penalties and charges directed to the Fund by Section 3A-55 and all other funds from any public or private source directed to the Fund shall be paid into the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Moneys in the Fund shall be used solely for the purposes of educating voters and persons qualified to be voters on the rights ensured to them under federal and State constitutional and statutory law and remedies.

(10 ILCS 5/3A-80 new)

Sec. 3A-80. Construction and severability.

(a) No act of the General Assembly shall be construed to supersede, amend, abrogate, or limit the applicability or scope of this Article, unless it explicitly states that it supersedes, amends, abrogates, or limits the applicability or scope of the Illinois Voting Rights Act, even if the act may be construed as contradicting, conflicting with, or interpreting this Article or violating any of its provisions. When evaluating whether a political subdivision or government official or entity responsible for election administration has violated Section 3A-20, other acts of the General Assembly shall not be considered.

(b) The provisions of this Article shall be severable and if any section, subsection, paragraph, subparagraph, sentence, or other portion of this Article is for any reason held or declared by any court of competent jurisdiction to be unconstitutional or preempted by federal law, or the applicability of that portion to any person or facility is held invalid, the remainder of this Article shall not thereby be deemed to be unconstitutional, preempted, or invalid.

(10 ILCS 5/Art. 3B heading new)

ARTICLE 3B. LANGUAGE ACCESS IN ELECTIONS

(10 ILCS 5/3B-1 new)

Sec. 3B-1. Definitions. As used in this Article:

"Limited-English proficient individuals" means individuals who self-report speaking, reading, or understanding the English language less than "very well" according to the U.S. Census Bureau data from the American Community Survey or data of comparable quality collected by a governmental entity, including as data self-reported to a governmental entity.

"Local election authority" means a county clerk or board of election commissioners.

"Political subdivision" means a geographic area which is organized under State or local law for the provision of government or other services, and which conducts elections administered by a local election authority, including, but not limited to, a county, city, town, village, school district, any other district organized under State or local law, county clerk, or board of election commissioners.

(10 ILCS 5/3B-5 new)

Sec. 3B-5. Designating language access for political subdivisions and required languages.

(a) By July 1, 2027, and at least every 2 years thereafter, the State Board of Elections shall determine which political subdivisions meet the demographic threshold for language access coverage under Section 3B-10, and no later than 30 days after making the determinations shall post the following information on its website:

(1) a list of each political subdivision that is required under Section 3B-10 to provide language assistance for elections; and

(2) a list of each language in which the political subdivisions listed in paragraph (1) of subsection (a) are required to provide language assistance for elections and the corresponding requirements accompanying the coverage.

(b) All coverage determinations made by the State Board of Elections shall be made based on the most recent U.S. Census Bureau data from the American Community Survey, or data of comparable quality collected by a governmental entity. To the extent that necessary data is not available, the State Board of Elections shall base coverage determinations on estimates derived from available data using validated methodologies.

(c) The State Board of Elections shall provide notice directly to each local election authority responsible for administering elections for a covered political subdivision specifying the language or languages for which the political subdivision is covered, and the corresponding requirements accompanying the coverage.

(d) The State Board of Elections may adopt rules to implement this Section.

(10 ILCS 5/3B-10 new)

Sec. 3B-10. Covered political subdivisions.

(a) Local election authorities responsible for elections in political subdivisions shall implement language assistance programs when found to meet certain demographic thresholds for voting-eligible limited-English proficient individuals in accordance with this Section.

(b) The State Board of Elections shall designate one or more languages, other than English, for which language assistance in voting and elections shall be provided Tier 1 assistance as required by subsection (b) of Section 3B-15 by a State agency or a political subdivision responsible for election administration if:

(1) more than 3%, but in no instance fewer than 100 individuals, of the voting-eligible population of a political subdivision are members of a single language minority and are limited-English proficient individuals; or

(2) more than 5,000 of the voting-eligible population of the political subdivision are members of a single language minority and are limited-English proficient individuals.

(c) If the voting-eligible population in one or more political subdivisions does not meet the criteria necessary for Tier 1 assistance under subsection (b) of this Section, the State Board of Elections shall designate one or more languages, other than English, for which Tier 2 language assistance in voting and elections shall be provided as required by subsection (c) of Section 3B-15 by a State agency or a political subdivision responsible for election administration if:

(1) more than 2%, but in no instance fewer than 100 individuals, of the voting-eligible population of a political subdivision are members of a single language minority and are limited-English proficient individuals; or

(2) more than 2,000 of the voting-eligible population of the political subdivision are members of a single language minority and are limited-English proficient individuals.

(10 ILCS 5/3B-15 new)

Sec. 3B-15. Requirements for covered political subdivisions.

(a) A local election authority responsible for elections for a political subdivision covered under subsection (b) or (c) of Section 3B-10 shall provide language assistance in accordance with the requirements of this Section. In order to comply with this Section, materials and assistance shall be provided in a way designed to allow voters who speak a particular shared language other than English to be effectively informed of and participate effectively in voting-connected activities. A local election authority shall analyze relevant data and shall consult community leaders and non-partisan organizations to determine prioritized precincts where voting materials and assistance shall be provided for the election.

(b) A local election authority responsible for elections for a political subdivision required to provide Tier 1 language assistance in a particular language other than English in accordance with subsection (b) of Section 3B-10 shall ensure that each of the following forms of voting assistance is provided to limited-English proficient individuals:

(1) all official and sample ballots used for the election shall be fully translated into the covered language and made available to voters in all voting locations and online;

(2) all forms used for voter registration, and any explanatory materials shall be provided in the covered language;

(3) all public notices relating to the electoral process, including notices about registration deadlines, polling location changes, voter education materials, and voting instructions that provide direction during the voting process shall be fully translated and disseminated in the covered language to the same extent that English-language notices are made available;

(4) in-language signage identifying the availability of translated ballots, bilingual poll workers, and live over-the-phone interpretation services shall be made available in the covered language on the political subdivision's website, at local elections offices, and at polling locations;

(5) sufficient trained bilingual election judges or interpreters shall be made available at in-person voting sites to provide effective language assistance in the covered language to any voters who need it and shall be easily identifiable to limited-English proficient individuals through prominently displayed badges or other identifying materials indicating their bilingual capabilities;

(6) a bilingual staff member who is trained in election and voting procedures shall be made available year-round to respond to questions, issues, and the needs of covered language speakers within the political subdivision;

(7) live language interpretation services shall be made available by telephone, allowing voters to request and receive real-time assistance in the covered language during early voting, on Election Day, and for any voter-related inquiries year-round; and

(8) any information relating to voter registration, polling locations, official ballots, or other voting-related materials and notifications provided on the website used by a political subdivision to share information related to elections and voting shall be made available in the covered language.

(c) A local election authority responsible for elections for a political subdivision required to provide Tier 2 language assistance in a particular language other than English in accordance with subsection (c) of Section 3B-10 shall provide the following physical and online voting materials in the covered language:

(1) sample ballots shall be translated into the covered language and made available at polling locations and online, if English-language sample ballots are provided online;

(2) voter registration forms and instructions shall be provided in the covered language and instructions shall be provided in the covered language to the same extent and manner as made available in English, including direct mailings requested by a voter;

(3) any notifications about polling location changes or relocations shall be provided in the covered language to the same extent that English-language notices are made available;

(4) in-language signage identifying the availability of covered language sample ballots and live over-the-phone interpretation services shall be made available on the political subdivision's website, a local elections office, and at polling locations during voting periods;

(5) sufficient trained bilingual election judges or interpreters shall be made available at a minimum of one vote center to provide effective language assistance in the covered language to any voters who need it and shall be easily identifiable to limited-English proficient individuals through prominently displayed badges or other identifying materials indicating their bilingual capabilities;

(6) live language interpretation services shall be made available by telephone, allowing voters to request and receive real-time assistance in the covered language during early voting and on Election Day; and

(7) any information relating to voter registration, polling locations, official ballots, or other voting-related materials and notifications provided on the website used by a political subdivision to share information related to elections and voting shall be made available in the covered language.

(d) All materials and notices provided by a election authority responsible for elections for a political subdivision as required by this Section in a particular language other than English shall be of an equal quality to the corresponding English-language materials and produced at the same time or within a reasonable time as the corresponding English-language materials. All provided translated materials shall convey the intent and essential meaning of the original English language text or communication. Translated materials produced solely by automated translation services are presumed to be insufficient to completely convey intent and essential meaning.

(e) A local election authority responsible for elections for a political subdivision providing language services in accordance with this Section shall hold public meetings to solicit feedback about:

(1) the quality of all materials and services provided in a particular language other than English; and

(2) barriers to voting and registration for voters and communities with limited-English proficiency.

The meetings required under this subsection shall be advertised at least 2 months in advance, held at a time and location generally convenient for the majority of the electorate, and include live translation services in any covered language. Local election authorities shall develop effective recruitment practices for bilingual staff and election judges based on community feedback from the meetings. Political subdivisions covered under subsection (b) of Section 3B-10 shall hold such a meeting at least twice a year. Political subdivisions covered under subsection (c) of Section 3B-10 shall hold the meetings following elections in which language services are provided, but shall not be required to hold the meetings more than once per year.

(f) The State Board of Elections shall produce electronic copies of any election materials that the State Board of Elections makes public in each language that has been designated under subsection (a) or (b).

(g) Nothing in this Section prohibits a political subdivision or local election authority from voluntarily providing language assistance for elections beyond what is required under this Section or adopting ordinances requiring additional language assistance for elections beyond what is required under this Section if the political subdivision or local election authority determine that language assistance for elections would be beneficial for the limited-English proficiency residents in that political subdivision.

(h) This Section takes effect January 1, 2028.

(10 ILCS 5/3B-20 new)

Sec. 3B-20. Review process for additional in-language services.

(a) The State Board of Elections shall establish a review process under which the State Board of Elections shall determine, upon receipt of a request submitted under this Section, whether a significant and substantial need exists in a political subdivision for a language to be designated for additional language access and assistance in voting and elections if a need has not been found under Section 3B-10.

(b) The process required under subsection (a) shall include, at a minimum:

(1) an opportunity for any individual or entity who has standing under Section 3B-30 and who has been aggrieved by a failure to provide the assistance to submit a request for the State Board of Elections to consider designating a new language for coverage or providing additional in-language services;

(2) a timeline specifying when requests for additional in-language services may be submitted to be considered timely for the next election; and

(3) consideration of the following:

(A) community-based evidence indicating the need for in-language services including, but not limited to, school enrollment data, public health or social service records, language-specific outreach from community-based organizations, and other reliable evidence;

(B) testimony or affidavits from individuals or entities representing or serving the language minority community, including impacted voters; and

(C) evidence of structural, procedural, or informational barriers that disproportionately impact limited-English proficient individuals in the language group, including low turnout rates, high provisional ballot use, or lack of access to translated materials.

(c) Upon receipt of a request under subsection (a), the State Board of Elections shall:

(1) respond in writing with 60 days of receipt of the request;

(2) provide an opportunity for public comment following the publication of a proposed determination; and

(3) issue a written decision that includes all factors considered and publish that decision on the website of the State Board of Elections.

(d) Implementation of newly granted language services shall correspond to the next scheduled election in the relevant covered political subdivision. If a request is granted too close to an election to allow for meaningful implementation, the designation shall take effect for the following election.

(10 ILCS 5/3B-25 new)

Sec. 3B-25. Pre-litigation notification letter.

(a) Before commencing legal action alleging a violation of this Article, a prospective plaintiff shall send a notification letter to the political subdivision or State agency asserting that the political subdivision or State agency may be in violation of this Article. The prospective plaintiff shall not commence an action against that political subdivision or State agency within 60 days after sending that notification letter. If a political subdivision or State agency passes a resolution, ordinance, or takes other official action approved by its legislative or governing body or its chief executive that indicates a good faith intention to seek a remedy to the alleged violation, a prospective plaintiff shall not commence an action against that political subdivision or State agency for 60 days after the approval date of the resolution, ordinance, or other official action.

(b) Notwithstanding subsection (a), a pre-litigation notice letter is not required if:

(1) the prospect of obtaining relief would be futile;

(2) another party has already submitted a notification letter alleging a substantially similar violation and that party is eligible to bring a cause of action;

(3) the prospective plaintiff is seeking preliminary injunctive relief;

(4) the prospective plaintiff is seeking preliminary relief with respect to an upcoming election;

(5) the prospective plaintiff is seeking to intervene in or join an existing action;

(6) following the prospective plaintiff's submission of a notice letter, the political subdivision or State agency enacted a remedy that would not remedy the violation identified in the letter;

(7) the prospective plaintiff is challenging an action taken by the political subdivision or State agency in the past year; or

(8) the prospective plaintiff is facing other exigent circumstances.

(10 ILCS 5/3B-30 new)

Sec. 3B-30. Civil actions.

(a) A civil action to cure a violation of this Article may be brought by the Attorney General or any individual or entity aggrieved by a violation of this Article in any State or federal court of competent jurisdiction.

(b) An entity aggrieved by a violation of this Article includes, but is not limited to, any entity: (i) whose membership includes individuals aggrieved by a violation of this Article; or (ii) whose mission would be frustrated by a violation of this Article, including, but not limited to, an entity who would expend or divert resources to fulfill its mission as a result of the violation or who shall expend greater resources or efforts to advocate before an elected body that is less responsive to the entity or its members due to the alleged violation. An entity shall not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members.

(c) This Article is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Section. This Article shall be construed liberally to confer standing as broadly as the Illinois Constitution permits.

(10 ILCS 5/3B-35 new)

Sec. 3B-35. Remedies.

(a) In any action brought under this Article, the court has broad authority to order adequate remedies that are tailored to address the violation. Unless otherwise prohibited by law, adequate remedies include, but are not limited to, any of the following:

(1) adding voting days or hours;

(2) adding polling places or absent voter ballot drop boxes;

(3) ordering a special election;

(4) imposing nominal or compensatory damages;

(5) imposing punitive damages in the form of a civil fine that shall be deposited into the Voter Outreach and Education Fund;

(6) any other form of declaratory or injunctive relief that, in the court's judgment, is tailored to address the violation; or

(7) retaining jurisdiction for a period of time the court considers appropriate.

(b) In any action brought under this Article, the court may order a remedy only if the remedy will not impair the ability of limited-English proficient voters to participate in the political process and elect the limited-English proficient voter's preferred candidates or otherwise influence the outcome of elections.

(c) In any action brought under this Article, the court shall consider remedies proposed by any parties and interested non-parties and shall not provide deference or priority to a proposed remedy offered by the defendant or the political subdivision or State agency because the remedy has been proposed by the defendant or the political subdivision or State agency.

(d) In any action brought under this Article, the court has the authority to order remedies that may be inconsistent with other provisions of State or local law, when the inconsistent provisions of law would otherwise preclude the court from ordering an adequate remedy.

(10 ILCS 5/3B-40 new)

Sec. 3B-40. Attorney's fees.

(a) A prevailing party in any action brought under this Article or under procedures under Section 3B-25 shall be entitled to reasonable attorney's fees and costs, including expert witness fees and other litigation expenses.

(b) For the purpose of this Section, the term "prevailing party" includes:

(1) a plaintiff party who obtains some of their requested relief through a judicial judgment in their favor;

(2) a plaintiff party who obtains some of their requested relief through any settlement agreement approved by the court; or

(3) an individual or group whose pursuit of a non-frivolous claim or notice of a claim following the procedure under Section 3B-25 was a catalyst for a unilateral change in position by the opposing party relative to the relief sought. To the extent parties are unable to come to mutual agreement, any party may file a motion or action for clarification of rights.

(10 ILCS 5/3B-45 new)

Sec. 3B-45. Expedient litigation. Because of the frequency of elections, the severe consequences and irreparable harm of holding elections under unlawful conditions, and the expenditure to defend potentially unlawful conditions that benefit incumbent officials, actions brought under this Article are subject to expedited pretrial and trial proceedings and shall receive an automatic calendar preference.

Section 10. The State Finance Act is amended by adding Section 5.1038 as follows:

(30 ILCS 105/5.1038 new)

Sec. 5.1038. The Voter Outreach and Education Fund.

Section 99. Effective date. This Act takes effect July 1, 2026.