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| | SB0496 Engrossed | | LRB103 02947 AWJ 47953 b |
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1 | | AN ACT concerning elections. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Election Code is amended by changing |
5 | | Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding |
6 | | Section 1A-16.3 as follows: |
7 | | (10 ILCS 5/1A-16.1) |
8 | | (Text of Section before amendment by P.A. 103-210 ) |
9 | | Sec. 1A-16.1. Automatic voter registration; Secretary of |
10 | | State. |
11 | | (a) The Office of the Secretary of State and the State |
12 | | Board of Elections, pursuant to an interagency contract and |
13 | | jointly adopted jointly-adopted rules, shall establish an |
14 | | automatic voter registration program that satisfies the |
15 | | requirements of this Section and other applicable law. |
16 | | (b) If , as part of an application, an application for |
17 | | renewal, or a change of address form, or a recertification |
18 | | form for a driver's license , other than a temporary visitor's |
19 | | driver's license, or a State identification card issued by the |
20 | | Office of the Secretary of State , an applicant presents |
21 | | documentation that establishes that the applicant is a United |
22 | | States citizen, as described in subsection (g), and is of age |
23 | | to register to vote or if the information provided to the |
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1 | | Office of the Secretary of State under subsection (c) |
2 | | indicates that the applicant is currently registered to vote |
3 | | in Illinois and, upon reviewing the documents and information |
4 | | submitted by the applicant, the Office of the Secretary of |
5 | | State determines that the name or residence address |
6 | | documentation submitted by the applicant differs from the |
7 | | information regarding the applicant provided under subsection |
8 | | (c) meets the requirements of the federal REAL ID Act of 2005 , |
9 | | then that application shall serve as a dual-purpose |
10 | | application , unless the applicant declines in accordance with |
11 | | subsection (g) of Section 1A-16.7 . The dual-purpose |
12 | | application shall: |
13 | | (1) also serve as an application to register to vote |
14 | | in Illinois; |
15 | | (2) allow an applicant to change the applicant's his |
16 | | or her registered residence address or name as it appears |
17 | | on the voter registration rolls; |
18 | | (3) in a single affirmation, including the affirmation |
19 | | required for a driver's license or State identification |
20 | | card, allow the applicant to affirm, under penalty of |
21 | | perjury, to the truth and correctness of the information |
22 | | submitted in the dual-purpose application that is |
23 | | necessary to assess the applicant's eligibility to |
24 | | register to vote or to change the applicant's registered |
25 | | residence address or name as it appears on the voter |
26 | | registration rolls provide the applicant with an |
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1 | | opportunity to affirmatively decline to register to vote |
2 | | or to change his or her registered residence address or |
3 | | name by providing a check box on the application form |
4 | | without requiring the applicant to state the reason ; and |
5 | | (4) allow the applicant to notify the Office of the |
6 | | Secretary of State of the applicant's preferred language |
7 | | unless the applicant declines to register to vote or |
8 | | change his or her registered residence address or name, |
9 | | require the applicant to attest, by signature under |
10 | | penalty of perjury as described in subsection (e) of this |
11 | | Section, to meeting the qualifications to register to vote |
12 | | in Illinois at his or her residence address as indicated |
13 | | on his or her driver's license or identification card |
14 | | dual-purpose application . |
15 | | The Office of the Secretary of State shall record the type |
16 | | of documents presented by the applicant that establishes the |
17 | | applicant is a United States citizen as described in |
18 | | subsection (g) and shall enter United States citizenship in a |
19 | | designated field. Based on the entry of United States |
20 | | citizenship in the designated field, the Office of the |
21 | | Secretary of State shall initiate a dual-purpose application |
22 | | through an automated process that is not subject to the |
23 | | discretion of individual employees of the Office of the |
24 | | Secretary of State. |
25 | | (b-5) If , as part of an application, an application for |
26 | | renewal, or a change of address form, or a recertification |
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1 | | form for a driver's license , other than a temporary visitor's |
2 | | driver's license, or a State identification card issued by the |
3 | | Office of the Secretary of State , other than an application or |
4 | | form that pertains to a standard driver's license or |
5 | | identification card for an applicant who does not have and is |
6 | | not eligible for a social security number, an applicant |
7 | | presents documentation that neither establishes that the |
8 | | applicant is a United States citizen nor establishes that the |
9 | | applicant is not a United States citizen and the information |
10 | | provided to the Office of the Secretary of State under |
11 | | subsection (c) does not indicate that the applicant is |
12 | | currently registered to vote in Illinois does not meet the |
13 | | requirements of the federal REAL ID Act of 2005 , then that |
14 | | application shall serve as a dual-purpose application . The |
15 | | dual-purpose application that, shall: (1) also serve as an |
16 | | application to register to vote in Illinois; (2) allow an |
17 | | applicant to change his or her registered residence address or |
18 | | name as it appears on the voter registration rolls; and (3) if |
19 | | the applicant chooses to register to vote , shall also serve as |
20 | | an application to register to vote in Illinois. If the |
21 | | applicant chooses to register to vote, the applicant shall be |
22 | | required or to change his or her registered residence address |
23 | | or name, then require the applicant to attest, by a separate |
24 | | signature under penalty of perjury, to meeting the |
25 | | qualifications to register to vote in Illinois at the |
26 | | applicant's his or her residence address as indicated on the |
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1 | | his or her dual-purpose application. The dual-purpose |
2 | | application shall allow the applicant to notify the Office of |
3 | | the Secretary of State of the applicant's preferred language. |
4 | | (b-8) If an applicant presents to the Secretary of State |
5 | | documentation that establishes the applicant is not a United |
6 | | States citizen, no application submitted by that applicant |
7 | | shall serve as a dual-purpose application under this Section. |
8 | | (b-10) Before asking any applicant described in subsection |
9 | | (b) to provide the written affirmation described in that |
10 | | subsection, the The Office of the Secretary of State shall |
11 | | clearly and conspicuously inform each applicant in writing: |
12 | | (i) of the qualifications to register to vote in Illinois ; , |
13 | | (ii) of the penalties provided by law for submission of a false |
14 | | voter registration application, including the |
15 | | immigration-related consequences of incorrectly claiming |
16 | | United States citizenship and of the applicant's opportunity |
17 | | not to proceed in order to avoid the penalties; and (iii) that |
18 | | the , unless the applicant declines to register to vote or |
19 | | update his or her voter registration, his or her dual-purpose |
20 | | application shall also serve as both an application to |
21 | | register to vote and his or her attestation that he or she |
22 | | meets the eligibility requirements for voter registration, and |
23 | | that the his or her application to register to vote or update |
24 | | voter his or her registration will be transmitted to the State |
25 | | Board of Elections for the purpose of registering the person |
26 | | to vote at the residence address to be indicated on the |
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1 | | applicant's his or her driver's license or identification |
2 | | card , and (iv) that declining to register to vote is |
3 | | confidential and will not affect any services the person may |
4 | | be seeking from the Office of the Secretary of State . |
5 | | The Office of the Secretary of State may provide |
6 | | additional instructions specific to applicants under |
7 | | subsection (b). |
8 | | (b-15) Before asking any applicant described in subsection |
9 | | (b-5) to provide the attestation described in that subsection, |
10 | | the Office of the Secretary of State shall clearly and |
11 | | conspicuously inform each applicant in writing: (i) of the |
12 | | qualifications to register to vote in Illinois; (ii) of the |
13 | | penalties provided by law for submission of a false voter |
14 | | registration application, including the immigration-related |
15 | | consequences of incorrectly claiming United States citizenship |
16 | | and of the applicant's opportunity to withdraw an application |
17 | | to avoid the penalties; (iii) that the application shall also |
18 | | serve as an application to register to vote and that the |
19 | | application to register to vote or update voter registration |
20 | | will be transmitted to the State Board of Elections for the |
21 | | purpose of registering the person to vote at the residence |
22 | | address to be indicated on the applicant's driver's license or |
23 | | identification card, unless the applicant withdraws the |
24 | | application or declines to register to vote or update the |
25 | | applicant's voter registration; and (iv) that declining to |
26 | | register to vote or withdrawing a voter application is |
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1 | | confidential and will not affect any services the person may |
2 | | be seeking from the Office of the Secretary of State. The |
3 | | Office of the Secretary of State may provide additional |
4 | | instructions specific to applicants under subsection (b-5). |
5 | | (c) The Office of the Secretary of State shall review |
6 | | information provided to the Office of the Secretary of State |
7 | | by the State Board of Elections to determine inform each |
8 | | applicant for a driver's license or permit, other than a |
9 | | temporary visitor's driver's license, or a State |
10 | | identification card issued by the Office of the Secretary of |
11 | | State whether each the applicant under subsections (b) and |
12 | | (b-5) is currently registered to vote in Illinois and, if |
13 | | registered, at what address , and shall inform each applicant |
14 | | described in subsection (b-5) for a driver's license or permit |
15 | | or State identification card issued by the Office of the |
16 | | Secretary of State whether the applicant is currently |
17 | | registered and, if registered, at what address . |
18 | | (d) The Office of the Secretary of State shall not require |
19 | | an applicant for a driver's license or State identification |
20 | | card to provide duplicate identification or information in |
21 | | order to complete an application to register to vote or change |
22 | | his or her registered residence address or name. Before |
23 | | transmitting any personal information about an applicant to |
24 | | the State Board of Elections, the Office of the Secretary of |
25 | | State shall review its records of the identification documents |
26 | | the applicant provided in order to complete the application |
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1 | | for a driver's license or State identification card , to |
2 | | confirm that nothing in those documents indicates that the |
3 | | applicant does not satisfy the qualifications to register to |
4 | | vote in Illinois at his or her residence address. If the |
5 | | applicant provides the Office of the Secretary of State with |
6 | | an address designated by the Attorney General as a substitute |
7 | | mailing address under Section 15 of the Address |
8 | | Confidentiality for Victims of Domestic Violence, Sexual |
9 | | Assault, Human Trafficking, or Stalking Act or is a judicial |
10 | | officer of peace officer who provides the Office of the |
11 | | Secretary of State with a work address instead of a residence |
12 | | address, as authorized by subsection (a) of Section 6-106 of |
13 | | the Illinois Vehicle Code, the applicant shall not be offered |
14 | | voter registration by the Office of the Secretary of State. |
15 | | (e) A completed, signed application for (i) a driver's |
16 | | license or permit , other than a temporary visitor's driver's |
17 | | license, or a State identification card issued by the Office |
18 | | of the Secretary of State that includes the presentation of |
19 | | documentation that establishes that the applicant is a United |
20 | | States citizen and is of age to register to vote or for which |
21 | | the information provided to the Office of the Secretary of |
22 | | State under subsection (c) indicates that the applicant is |
23 | | currently registered to vote in Illinois , that meets the |
24 | | requirements of the federal REAL ID Act of 2005 ; or (ii) a |
25 | | completed application under subsection (b-5) of this Section |
26 | | with a separate signature attesting the applicant meets the |
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1 | | qualifications to register to vote in Illinois at his or her |
2 | | residence address as indicated on his or her application shall |
3 | | constitute a signed application to register to vote in |
4 | | Illinois at the residence address indicated in the application |
5 | | unless the person affirmatively declined in the application to |
6 | | register to vote or to change his or her registered residence |
7 | | address or name . If the identification documents provided to |
8 | | complete the dual-purpose application indicate that the |
9 | | applicant he or she does not satisfy the qualifications to |
10 | | register to vote in Illinois at the specified his or her |
11 | | residence address, the application shall be marked as |
12 | | incomplete. |
13 | | (f) For each completed and signed application that |
14 | | constitutes an application to register to vote in Illinois or |
15 | | provides for a change in the applicant's registered residence |
16 | | address or name, the Office of the Secretary of State shall |
17 | | electronically transmit to the State Board of Elections |
18 | | personal information needed to complete the person's |
19 | | registration to vote in Illinois at the specified his or her |
20 | | residence address , including the applicant's choice language |
21 | | preference as indicated by the applicant or as otherwise |
22 | | collected by the Office of the Secretary of State during the |
23 | | permitting, licensing, or identification card transaction . The |
24 | | application to register to vote shall be processed in |
25 | | accordance with Section 1A-16.7. |
26 | | (g) Documentation that establishes that the applicant is a |
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1 | | United States citizen shall include: |
2 | | (1) a valid, unexpired United States passport or |
3 | | passport card or a United States passport or passport card |
4 | | that has been expired for no more than 2 years; |
5 | | (2) a certified copy of a birth certificate filed with |
6 | | the Division of Vital Records or an equivalent agency in |
7 | | the individual's state of birth; |
8 | | (3) a Consular Report of Birth Abroad issued by the |
9 | | United States Department of State, Form FS-240, DS-1350, |
10 | | or FS-545; and |
11 | | (4) a Certificate of Citizenship issued by the United |
12 | | States Department of Homeland Security, Form N-560 or form |
13 | | N-561. If the federal REAL ID Act of 2005 is repealed, |
14 | | abrogated, superseded, or otherwise no longer in effect, |
15 | | then the State Board of Elections shall establish criteria |
16 | | for determining reliable personal information indicating |
17 | | citizenship status and shall adopt rules as necessary for |
18 | | the Secretary of State to continue processing dual-purpose |
19 | | applications under this Section. |
20 | | (h) As used in this Section, "dual-purpose application" |
21 | | means an application, an application for renewal or , a change |
22 | | of address form, or a recertification form for driver's |
23 | | license or permit, other than a temporary visitor's driver's |
24 | | license, or a State identification card offered by the |
25 | | Secretary of State that also serves as an application to |
26 | | register to vote in Illinois. "Dual-purpose application" does |
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1 | | not mean an application under subsection (c) of Section 6-109 |
2 | | of the Illinois Vehicle Code. |
3 | | (i) The changes made to this Section by this amendatory |
4 | | Act of the 103rd General Assembly shall be implemented no |
5 | | later than January 1, 2026. |
6 | | (Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.) |
7 | | (Text of Section after amendment by P.A. 103-210 ) |
8 | | Sec. 1A-16.1. Automatic voter registration; Secretary of |
9 | | State. |
10 | | (a) The Office of the Secretary of State and the State |
11 | | Board of Elections, pursuant to an interagency contract and |
12 | | jointly adopted jointly-adopted rules, shall establish an |
13 | | automatic voter registration program that satisfies the |
14 | | requirements of this Section and other applicable law. |
15 | | (b) If , as part of an application, an application for |
16 | | renewal, or a change of address form, or a recertification |
17 | | form for a driver's license or a State identification card |
18 | | issued by the Office of the Secretary of State , an applicant |
19 | | presents documentation that establishes that the applicant is |
20 | | a United States citizen, as described in subsection (g), and |
21 | | is of age to register to vote or if the information provided to |
22 | | the Office of the Secretary of State under subsection (c) |
23 | | indicates that the applicant is currently registered to vote |
24 | | in Illinois and, upon reviewing the documents and information |
25 | | submitted by the applicant, the Office of the Secretary of |
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1 | | State determines that the name or residence address |
2 | | documentation submitted by the applicant differs from the |
3 | | information regarding the applicant provided under subsection |
4 | | (c) meets the requirements of the federal REAL ID Act of 2005 , |
5 | | then that application shall serve as a dual-purpose |
6 | | application , unless the applicant declines in accordance with |
7 | | subsection (g) of Section 1A-16.7 . The dual-purpose |
8 | | application shall: |
9 | | (1) also serve as an application to register to vote |
10 | | in Illinois; |
11 | | (2) allow an applicant to change the applicant's his |
12 | | or her registered residence address or name as it appears |
13 | | on the voter registration rolls; |
14 | | (3) in a single affirmation, including the affirmation |
15 | | required for a driver's license or State identification |
16 | | card, allow the applicant to affirm, under penalty of |
17 | | perjury, to the truth and correctness of the information |
18 | | submitted in the dual-purpose application that is |
19 | | necessary to assess the applicant's eligibility to |
20 | | register to vote or to change the applicant's registered |
21 | | residence address or name as it appears on the voter |
22 | | registration rolls provide the applicant with an |
23 | | opportunity to affirmatively decline to register to vote |
24 | | or to change his or her registered residence address or |
25 | | name by providing a check box on the application form |
26 | | without requiring the applicant to state the reason ; and |
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1 | | (4) allow the applicant to notify the Office of the |
2 | | Secretary of State of the applicant's preferred language |
3 | | unless the applicant declines to register to vote or |
4 | | change his or her registered residence address or name, |
5 | | require the applicant to attest, by signature under |
6 | | penalty of perjury as described in subsection (e) of this |
7 | | Section, to meeting the qualifications to register to vote |
8 | | in Illinois at his or her residence address as indicated |
9 | | on his or her driver's license or identification card |
10 | | dual-purpose application . |
11 | | The Office of the Secretary of State shall record the type |
12 | | of documents presented by the applicant that establishes the |
13 | | applicant is a United States citizen as described in |
14 | | subsection (g) and shall enter United States citizenship in a |
15 | | designated field. Based on the entry of United States |
16 | | citizenship in the designated field, the Office of the |
17 | | Secretary of State shall initiate a dual-purpose application |
18 | | through an automated process that is not subject to the |
19 | | discretion of individual employees of the Office of the |
20 | | Secretary of State. |
21 | | (b-5) If , as part of an application, an application for |
22 | | renewal, or a change of address form, or a recertification |
23 | | form for a driver's license or a State identification card |
24 | | issued by the Office of the Secretary of State, other than an |
25 | | application or form that pertains to a standard driver's |
26 | | license or identification card for an applicant who does not |
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1 | | have and is not eligible for and does not list a social |
2 | | security number , an applicant presents documentation that |
3 | | neither establishes that the applicant is a United States |
4 | | citizen nor establishes that the applicant is not a United |
5 | | States citizen and the information provided to the Office of |
6 | | the Secretary of State under subsection (c) does not indicate |
7 | | that the applicant is currently registered to vote in Illinois |
8 | | for the applicant, does not meet the requirements of the |
9 | | federal REAL ID Act of 2005 , then that application shall serve |
10 | | as a dual-purpose application . The dual-purpose application |
11 | | that, shall: (1) also serve as an application to register to |
12 | | vote in Illinois; (2) allow an applicant to change his or her |
13 | | registered residence address or name as it appears on the |
14 | | voter registration rolls; and (3) if the applicant chooses to |
15 | | register to vote , shall also serve as an application to |
16 | | register to vote in Illinois. If the applicant chooses to |
17 | | register to vote, the applicant shall be required or to change |
18 | | his or her registered residence address or name, then require |
19 | | the applicant to attest, by a separate signature under penalty |
20 | | of perjury, to meeting the qualifications to register to vote |
21 | | in Illinois at the applicant's his or her residence address as |
22 | | indicated on the his or her dual-purpose application. |
23 | | The dual-purpose application shall allow the applicant to |
24 | | notify the Office of the Secretary of State of the applicant's |
25 | | preferred language. |
26 | | (b-8) If an applicant presents to the Secretary of State |
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1 | | documentation that establishes the applicant is not a United |
2 | | States citizen, no application submitted by that applicant |
3 | | shall serve as a dual-purpose application under this Section. |
4 | | (b-10) Before asking any applicant described in subsection |
5 | | (b) to provide the written affirmation described in that |
6 | | subsection, the The Office of the Secretary of State shall |
7 | | clearly and conspicuously inform each applicant in writing: |
8 | | (i) of the qualifications to register to vote in Illinois ; , |
9 | | (ii) of the penalties provided by law for submission of a false |
10 | | voter registration application , including the |
11 | | immigration-related consequences of incorrectly claiming |
12 | | United States citizenship and of the applicant's opportunity |
13 | | not to proceed in order to avoid the penalties; and , (iii) that |
14 | | the , unless the applicant declines to register to vote or |
15 | | update his or her voter registration, his or her dual-purpose |
16 | | application shall also serve as both an application to |
17 | | register to vote and his or her attestation that he or she |
18 | | meets the eligibility requirements for voter registration, and |
19 | | that the his or her application to register to vote or update |
20 | | voter his or her registration will be transmitted to the State |
21 | | Board of Elections for the purpose of registering the person |
22 | | to vote at the residence address to be indicated on the |
23 | | applicant's his or her driver's license or identification |
24 | | card , and (iv) that declining to register to vote is |
25 | | confidential and will not affect any services the person may |
26 | | be seeking from the Office of the Secretary of State . The |
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1 | | Office of the Secretary of State may provide additional |
2 | | instructions specific to applicants under subsection (b). |
3 | | (b-15) Before asking any applicant described in subsection |
4 | | (b-5) to provide the attestation described in that subsection, |
5 | | the Office of the Secretary of State shall clearly and |
6 | | conspicuously inform each applicant in writing: (i) of the |
7 | | qualifications to register to vote in Illinois; (ii) of the |
8 | | penalties provided by law for submission of a false voter |
9 | | registration application, including the immigration-related |
10 | | consequences of incorrectly claiming United States citizenship |
11 | | and of the applicant's opportunity to withdraw an application |
12 | | to avoid the penalties; (iii) that the application shall also |
13 | | serve as an application to register to vote and that the |
14 | | application to register to vote or update voter registration |
15 | | will be transmitted to the State Board of Elections for the |
16 | | purpose of registering the person to vote at the residence |
17 | | address to be indicated on the applicant's driver's license or |
18 | | identification card, unless the applicant withdraws the |
19 | | application or declines to register to vote or update the |
20 | | applicant's voter registration; and (iv) that declining to |
21 | | register to vote or withdrawing a voter application is |
22 | | confidential and will not affect any services the person may |
23 | | be seeking from the Office of the Secretary of State. The |
24 | | Office of the Secretary of State may provide additional |
25 | | instructions specific to applicants under subsection (b-5). |
26 | | (c) The Office of the Secretary of State shall review |
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1 | | information provided to the Office of the Secretary of State |
2 | | by the State Board of Elections to determine whether each |
3 | | inform each applicant for a driver's license or permit or a |
4 | | State identification card issued by the Office of the |
5 | | Secretary of State, other than an application or form that |
6 | | pertains to a standard driver's license or identification card |
7 | | and does not list a social security number for the applicant, |
8 | | whether the applicant under subsections (b) and (b-5) is |
9 | | currently registered to vote in Illinois and, if registered, |
10 | | at what address , and shall inform each applicant described in |
11 | | subsection (b-5) for a driver's license or permit or State |
12 | | identification card issued by the Office of the Secretary of |
13 | | State whether the applicant is currently registered and, if |
14 | | registered, at what address . |
15 | | (d) The Office of the Secretary of State shall not require |
16 | | an applicant for a driver's license or State identification |
17 | | card to provide duplicate identification or information in |
18 | | order to complete an application to register to vote or change |
19 | | his or her registered residence address or name. Before |
20 | | transmitting any personal information about an applicant to |
21 | | the State Board of Elections, the Office of the Secretary of |
22 | | State shall review its records of the identification documents |
23 | | the applicant provided in order to complete the application |
24 | | for a driver's license or State identification card , to |
25 | | confirm that nothing in those documents indicates that the |
26 | | applicant does not satisfy the qualifications to register to |
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1 | | vote in Illinois at his or her residence address. If the |
2 | | applicant provides the Office of the Secretary of State with |
3 | | an address designated by the Attorney General as a substitute |
4 | | mailing address under Section 15 of the Address |
5 | | Confidentiality for Victims of Domestic Violence, Sexual |
6 | | Assault, Human Trafficking, or Stalking Act or is a judicial |
7 | | officer of peace officer who provides the Office of the |
8 | | Secretary of State with a work address instead of a residence |
9 | | address, as authorized by subsection (a) of Section 6-106 of |
10 | | the Illinois Vehicle Code, the applicant shall not be offered |
11 | | voter registration by the Office of the Secretary of State. |
12 | | (e) A completed, signed application for (i) a driver's |
13 | | license or permit or a State identification card issued by the |
14 | | Office of the Secretary of State that includes the |
15 | | presentation of documentation that establishes that the |
16 | | applicant is a United States citizen and is of age to register |
17 | | to vote or for which the information provided to the Office of |
18 | | the Secretary of State under subsection (c) indicates that the |
19 | | applicant is currently registered to vote in Illinois , that |
20 | | meets the requirements of the federal REAL ID Act of 2005 ; or |
21 | | (ii) a completed application under subsection (b-5) of this |
22 | | Section with a separate signature attesting the applicant |
23 | | meets the qualifications to register to vote in Illinois at |
24 | | his or her residence address as indicated on his or her |
25 | | application shall constitute a signed application to register |
26 | | to vote in Illinois at the residence address indicated in the |
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1 | | application unless the person affirmatively declined in the |
2 | | application to register to vote or to change his or her |
3 | | registered residence address or name . If the identification |
4 | | documents provided to complete the dual-purpose application |
5 | | indicate that the applicant he or she does not satisfy the |
6 | | qualifications to register to vote in Illinois at the |
7 | | specified his or her residence address, the application shall |
8 | | be marked as incomplete. |
9 | | (f) For each completed and signed application that |
10 | | constitutes an application to register to vote in Illinois or |
11 | | provides for a change in the applicant's registered residence |
12 | | address or name, the Office of the Secretary of State shall |
13 | | electronically transmit to the State Board of Elections |
14 | | personal information needed to complete the person's |
15 | | registration to vote in Illinois at the specified his or her |
16 | | residence address , including the applicant's choice language |
17 | | preference as indicated by the applicant or as otherwise |
18 | | collected by the Office of the Secretary of State during the |
19 | | permitting, licensing, or identification card transaction . The |
20 | | application to register to vote shall be processed in |
21 | | accordance with Section 1A-16.7. |
22 | | (g) Documentation that establishes that the applicant is a |
23 | | United States citizen shall include: |
24 | | (1) a valid, unexpired United States passport or |
25 | | passport card or a United States passport or passport card |
26 | | that has been expired for no more than 2 years; |
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1 | | (2) a certified copy of a birth certificate filed with |
2 | | the Division of Vital Records or an equivalent agency in |
3 | | the individual's state of birth; |
4 | | (3) a Consular Report of Birth Abroad issued by the |
5 | | United States Department of State, Form FS-240, DS-1350, |
6 | | or FS-545; and |
7 | | (4) a Certificate of Citizenship issued by the United |
8 | | States Department of Homeland Security, Form N-560 or form |
9 | | N-561. If the federal REAL ID Act of 2005 is repealed, |
10 | | abrogated, superseded, or otherwise no longer in effect, |
11 | | then the State Board of Elections shall establish criteria |
12 | | for determining reliable personal information indicating |
13 | | citizenship status and shall adopt rules as necessary for |
14 | | the Secretary of State to continue processing dual-purpose |
15 | | applications under this Section. |
16 | | (h) As used in this Section, "dual-purpose application" |
17 | | means an application, an application for renewal or , a change |
18 | | of address form, or a recertification form for driver's |
19 | | license or permit or a State identification card offered by |
20 | | the Secretary of State, other than an application or form that |
21 | | pertains to a standard driver's license or identification card |
22 | | for an applicant who does not have and is not eligible for, a |
23 | | social security number and does not list a social security |
24 | | number for the applicant , that also serves as an application |
25 | | to register to vote in Illinois. "Dual-purpose application" |
26 | | does not mean an application under subsection (c) of Section |
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1 | | 6-109 of the Illinois Vehicle Code. |
2 | | (i) The changes made to this Section by this amendatory |
3 | | Act of the 103rd General Assembly shall be implemented no |
4 | | later than January 1, 2026. |
5 | | (Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.) |
6 | | (10 ILCS 5/1A-16.2) |
7 | | Sec. 1A-16.2. Automatic voter registration; designated |
8 | | automatic voter registration agencies. |
9 | | (a) Each designated automatic voter registration agency |
10 | | shall, pursuant to an interagency contract and jointly adopted |
11 | | jointly-adopted rules with the State Board of Elections, agree |
12 | | to participate in an automatic voter registration program |
13 | | established by the State Board of Elections that satisfies the |
14 | | requirements of this Section and other applicable law. If the |
15 | | designated automatic voter registration agency provides |
16 | | applications, applications for renewal, change of address |
17 | | forms, filing, or recertification forms to individuals for |
18 | | services offered by another agency, then the State Board of |
19 | | Elections and the designated automatic voter agency shall |
20 | | consult with the other agency. The State Board of Elections |
21 | | shall consider the current technological capabilities of the |
22 | | designated voter registration agency when drafting interagency |
23 | | contracts and jointly adopted jointly-adopted rules. The State |
24 | | Board of Elections and the designated automatic voter |
25 | | registration agency shall amend these contracts and rules as |
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1 | | the technological capabilities of the designated voter |
2 | | registration agencies improve. |
3 | | (b) As provided in subsection (a) of this Section, when |
4 | | each designated automatic voter registration agency provides |
5 | | that collects or cross-references reliable personal |
6 | | information indicating citizenship status may provide that an |
7 | | application or form for a license, permit, program, or service |
8 | | described in subsection (a) that, as part of the application |
9 | | or form, the applicant presents documentation that establishes |
10 | | that the applicant is a United States citizen as described in |
11 | | subsection (g) of Section 1A-16.1, the application or form |
12 | | shall serve as a dual-purpose application , unless the |
13 | | applicant declines in accordance with subsection (g) of |
14 | | Section 1A-16.7 . The dual-purpose application shall: |
15 | | (1) also serve as an application to register to vote |
16 | | in Illinois; |
17 | | (2) allow an applicant to change the applicant's his |
18 | | or her registered residence address or name as it appears |
19 | | on the voter registration rolls; |
20 | | (3) in a single affirmation including the affirmation |
21 | | required for the designated automatic voter registration |
22 | | agency's application, allow the applicant to affirm, under |
23 | | penalty of perjury, to the truth and correctness of |
24 | | information submitted in the dual-purpose application that |
25 | | is necessary to assess the applicant's eligibility to |
26 | | register to vote or to change the applicant's registered |
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1 | | residence address or name as it appears on the voter |
2 | | registration rolls provide the applicant with an |
3 | | opportunity to affirmatively decline to register to vote |
4 | | or change his or her registered residence address or name |
5 | | by providing a check box on the application form without |
6 | | requiring the applicant to state the reason ; and |
7 | | (4) allow the applicant to notify the agency of the |
8 | | applicant's preferred language unless the applicant |
9 | | declines to register to vote or to change his or her |
10 | | registered residence address or name, require the |
11 | | applicant to attest, by signature under penalty of |
12 | | perjury, to meeting the qualifications to register to vote |
13 | | in Illinois at his or her residence address as indicated |
14 | | on his or her dual-purpose application . |
15 | | The agency shall record the type of document presented by |
16 | | the applicant that establishes that the applicant is a United |
17 | | States citizen as described in subsection (g) of Section |
18 | | 1A-16.1. |
19 | | (c) As provided in subsection (a) of this Section, when |
20 | | each designated automatic voter registration agency provides |
21 | | that does not collect or cross-reference records containing |
22 | | reliable personal information indicating citizenship status |
23 | | may provide that an application or , an application for |
24 | | renewal, a change of address form, or a recertification form |
25 | | for a license, permit, program, or service described in |
26 | | subsection (a) that, as part of the application of form, the |
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1 | | applicant presents documentation that neither establishes that |
2 | | the applicant is a United States citizen nor establishes that |
3 | | the applicant is not a United States citizen, the application |
4 | | or form shall serve as a dual-purpose application if the |
5 | | applicant chooses to register to vote . The dual-purpose |
6 | | application shall: |
7 | | (1) also serve as an application to register to vote |
8 | | in Illinois; |
9 | | (2) allow an applicant to change his or her registered |
10 | | residence address or name as it appears on the voter |
11 | | registration rolls; and |
12 | | (3) if the applicant chooses to register to vote or to |
13 | | change the applicant's his or her registered residence |
14 | | address or name, then require the applicant to attest, by |
15 | | a separate signature under penalty of perjury, to meeting |
16 | | the qualifications to register to vote in Illinois at his |
17 | | or her residence address as indicated on his or her |
18 | | dual-purpose application ; and . |
19 | | (4) allow the applicant to notify the agency of the |
20 | | applicant's preferred language. |
21 | | (c-1) If an applicant presents documentation to the |
22 | | designated automatic voter registration agency that |
23 | | establishes that the applicant is not a United States citizen |
24 | | or the applicant attests that the applicant is not a United |
25 | | States citizen, no application submitted by that applicant |
26 | | shall serve as a dual-purpose application under this Section. |
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1 | | (c-5) Before asking any applicant described in subsection |
2 | | (b) of this Section to provide the affirmation described in |
3 | | that subsection, the The designated automatic voter |
4 | | registration agency shall clearly and conspicuously inform |
5 | | each applicant in writing: (i) of the qualifications to |
6 | | register to vote in Illinois ; , (ii) of the penalties provided |
7 | | by law for submission of a false voter registration |
8 | | application, including the immigration-related consequences of |
9 | | incorrectly claiming United States citizenship and of the |
10 | | applicant's opportunity not to proceed in order to avoid the |
11 | | penalties; (iii) that the application shall serve as an |
12 | | application to register to vote or change the applicant's |
13 | | voter registration, and that the application , unless the |
14 | | applicant declines to register to vote or update his or her |
15 | | voter registration, his or her application shall also serve as |
16 | | both an application to register to vote and his or her |
17 | | attestation that he or she meets the eligibility requirements |
18 | | for voter registration, and that his or her application to |
19 | | register to vote or update his or her registration will be |
20 | | transmitted to the State Board of Elections for the purpose of |
21 | | registering the person to vote at the residence address to be |
22 | | indicated on the dual-purpose application ; , (iv) that |
23 | | information identifying the agency at which he or she applied |
24 | | to register to vote is confidential ; , (v) that declining to |
25 | | register to vote is confidential and will not affect any |
26 | | services the person may be seeking from the agency, and (v) |
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1 | | (vi) any additional information needed in order to comply with |
2 | | Section 7 of the federal National Voter Registration Act of |
3 | | 1993. The designated automatic voter registration agency may |
4 | | provide additional instructions specific to applicants under |
5 | | subsection (b). |
6 | | (c-10) Before asking any applicant described in subsection |
7 | | (c) to provide the attestation described in that subsection, |
8 | | the designated automatic voter registration agency shall |
9 | | clearly and conspicuously inform each applicant in writing: |
10 | | (i) of the qualifications to register to vote in Illinois; |
11 | | (ii) of the penalties provided by law for submission of a false |
12 | | voter registration application, including the |
13 | | immigration-related consequences of incorrectly claiming |
14 | | United States citizenship, and of the applicant's opportunity |
15 | | to withdraw an application to avoid the penalties; (iii) that |
16 | | the application shall also serve as an application to register |
17 | | to vote or update the applicant's voter registration and that |
18 | | the application to register to vote or update voter |
19 | | registration will be transmitted to the State Board of |
20 | | Elections for the purpose of registering the person to vote at |
21 | | the residence address to be indicated on the dual-purpose |
22 | | application, unless the applicant withdraws the application or |
23 | | declines to register to vote or update the applicant's voter |
24 | | registration; (iv) that information identifying the agency at |
25 | | which the applicant applied to register to vote is |
26 | | confidential; (v) that withdrawing a voter registration |
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1 | | application or otherwise declining to register to vote is |
2 | | confidential and will not affect any services the person may |
3 | | be seeking from the agency; and (vi) any additional |
4 | | information needed in order to comply with Section 7 of the |
5 | | federal National Voter Registration Act of 1993. The |
6 | | designated automatic voter registration agency may provide |
7 | | additional instructions specific to applicants under |
8 | | subsection (c). |
9 | | (d) The designated automatic voter registration agency |
10 | | shall review information provided to the agency by the State |
11 | | Board of Elections to inform each applicant covered by |
12 | | subsection (c) whether the applicant is currently registered |
13 | | to vote in Illinois and, if registered, at what address. |
14 | | (e) The designated automatic voter registration agency |
15 | | shall not require an applicant for a dual-purpose application |
16 | | to provide duplicate identification or information in order to |
17 | | complete an application to register to vote or change the |
18 | | applicant's his or her registered residence address or name. |
19 | | Before transmitting any personal information about an |
20 | | applicant to the State Board of Elections, the agency shall |
21 | | review its records of the identification documents the |
22 | | applicant provided or that the agency cross-references in |
23 | | order to complete the dual-purpose application, to confirm |
24 | | that nothing in those documents indicates that the applicant |
25 | | does not satisfy the qualifications to register to vote in |
26 | | Illinois at the applicant's his or her residence address. A |
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1 | | completed and signed dual-purpose application, including a |
2 | | completed application under subsection (c) of this Section |
3 | | with a separate signature attesting that the applicant meets |
4 | | the qualifications to register to vote in Illinois at the his |
5 | | or her residence address as indicated on the his or her |
6 | | application, shall constitute an application to register to |
7 | | vote in Illinois at the residence address indicated in the |
8 | | application unless the person affirmatively declined in the |
9 | | application to register to vote or to change his or her |
10 | | registered residence address or name . If the identification |
11 | | documents provided to complete the dual-purpose application, |
12 | | or that the agency cross-references, indicate that the |
13 | | applicant he or she does not satisfy the qualifications to |
14 | | register to vote in Illinois at his or her residence address, |
15 | | the application shall be marked as incomplete. If the |
16 | | applicant provides the designated automatic voter registration |
17 | | agency with an address designated by the Attorney General as a |
18 | | substitute mailing address under Section 15 of the Address |
19 | | Confidentiality for Victims of Domestic Violence, Sexual |
20 | | Assault, Human Trafficking, or Stalking Act, or is a judicial |
21 | | officer or peace officer who provides the designated automatic |
22 | | voter registration agency with a work address instead of a |
23 | | residence address, the applicant shall not be offered voter |
24 | | registration by the designated automatic voter registration |
25 | | agency. |
26 | | (f) For each completed and signed dual-purpose application |
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1 | | that constitutes an application to register to vote in |
2 | | Illinois or provides for a change in the applicant's |
3 | | registered residence address or name, the designated automatic |
4 | | voter registration agency shall electronically transmit to the |
5 | | State Board of Elections personal information needed to |
6 | | complete the person's registration to vote in Illinois at his |
7 | | or her residence address , including the applicant's language |
8 | | preference as indicated by the applicant or as otherwise |
9 | | collected by the designated automatic voter registration |
10 | | agency in the course of receiving applications and other forms |
11 | | regarding licenses, permits, programs, and services offered by |
12 | | the designated automatic voter registration agency . The |
13 | | application to register to vote shall be processed in |
14 | | accordance with Section 1A-16.7. |
15 | | (g) As used in this Section: |
16 | | "Designated automatic voter registration agency" or |
17 | | "agency" means the divisions of Family and Community |
18 | | Services and Rehabilitation Services of the Department of |
19 | | Human Services, the Department of Employment Security, the |
20 | | Department of Financial and Professional Regulation, the |
21 | | Department of Natural Resources, or an agency of the |
22 | | local, tribal, State , or federal government that has been |
23 | | determined by the State Board of Elections to have access |
24 | | to reliable personal information and has entered into an |
25 | | interagency contract with the State Board of Elections to |
26 | | participate in the automatic voter registration program |
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1 | | under this Section. |
2 | | "Dual-purpose application" means an application, an |
3 | | application for renewal, a change of address form, or a |
4 | | recertification form for a license, permit, program, or |
5 | | service offered by a designated automatic voter |
6 | | registration agency that also serves as an application to |
7 | | register to vote in Illinois. |
8 | | "Reliable personal information" means information |
9 | | about individuals obtained from government sources that |
10 | | may be used to verify whether an individual is eligible to |
11 | | register to vote. |
12 | | (h) (Blank). This Section shall be implemented no later |
13 | | than July 1, 2019. |
14 | | (i) If an agency under this Section receives documentation |
15 | | that an applicant is a United States citizen, as described in |
16 | | subsection (g) of Section 1A-16.1 for more than one person |
17 | | listed on an application for a license, permit, program, or |
18 | | service, each person for whom the agency receives the |
19 | | documentation may be considered an applicant under this |
20 | | Section and the application may serve as a dual-purpose |
21 | | application for each person. |
22 | | (j) The changes made to this Section by this amendatory |
23 | | Act of the 103rd General Assembly shall be implemented no |
24 | | later than January 1, 2026. |
25 | | (Source: P.A. 100-464, eff. 8-28-17.) |
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1 | | (10 ILCS 5/1A-16.3 new) |
2 | | Sec. 1A-16.3. Language assistance. |
3 | | (a) Every facility operated by the Driver Services |
4 | | Department of the Office of the Secretary of State and all |
5 | | facilities of a designated voter registration agency located |
6 | | in a political subdivision covered by Section 203 of the |
7 | | federal Voting Rights Act shall display and make plainly |
8 | | visible signage informing applicants about the type of |
9 | | language assistance available. The signage shall be in the |
10 | | covered languages applicable for the political subdivision. |
11 | | (b) Every facility operated by the Driver Services |
12 | | Department of the Office of the Secretary of State and all |
13 | | facilities of a designated voter registration agency located |
14 | | in a political subdivision covered by Section 203 of the |
15 | | federal Voting Rights Act shall make available, in the covered |
16 | | languages, all written materials and verbal communication |
17 | | regarding voter registration for the purpose of processing the |
18 | | applicant's dual-purpose application described in Sections |
19 | | 1A-16.1 and 1A-16.2. Every facility operated by the Driver |
20 | | Services Department of the Office of the Secretary of State |
21 | | and all facilities of a designated voter registration agency |
22 | | shall make available, in the 5 most common non-English |
23 | | languages in this State, all written materials and verbal |
24 | | communications regarding voter registration for the purpose of |
25 | | processing an applicant's dual-purpose application described |
26 | | in Sections 1A-16.1 and 1A-16.2. These materials shall include |
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1 | | the notices described in subsection (b-10) of Section 1A-16.1 |
2 | | and subsection (e) of Section 2-105 of the Illinois Vehicle |
3 | | Code, the affirmations described in paragraph (3) of |
4 | | subsection (b) of Section 1A-16.1 and paragraph (3) of |
5 | | subsection (b) of Section 1A-16.2, and the attestations |
6 | | described in subsection (b-5) of Section 1A-16.1 and paragraph |
7 | | (3) of subsection (c) of Section 1A-16.2. |
8 | | (c) In addition to the requirements under subsections (a) |
9 | | and (b), the Driver Services Department of the Office of the |
10 | | Secretary of State, as part of every transaction described in |
11 | | subsections (b) and (b-5) of Section 1A-16.1 completed through |
12 | | its website, and each designated automatic voter registration |
13 | | agency, as defined in subsection (g) of Section 1A-16.2, as |
14 | | part of every transaction described in subsections (b) and (c) |
15 | | of Section 1A-16.2 completed through its website, shall make |
16 | | available, in the covered languages required in any |
17 | | jurisdiction in this State by Section 203 of the federal |
18 | | Voting Rights Act and in the 5 most common non-English |
19 | | languages in this State, all information and questions |
20 | | provided to an applicant regarding voter registration for the |
21 | | purpose of processing the applicant's dual-purpose application |
22 | | as described in Sections 1A-16.1 and 1A-16.2. These materials |
23 | | shall include, but not be limited to, the notices described in |
24 | | subsection (b-10) of Section 1A-16.1 and subsection (e) of |
25 | | Section 2-105 of the Illinois Vehicle Code, the affirmations |
26 | | described in paragraph (3) of subsection (b) of Section |
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1 | | 1A-16.1 and paragraph (3) of subsection (b) of Section |
2 | | 1A-16.2, and the attestations described in subsection (b-5) of |
3 | | Section 1A-16.1 and paragraph (3) of subsection (c) of Section |
4 | | 1A-16.2. The Office of the Secretary of the State shall |
5 | | determine the 5 most common non-English languages in this |
6 | | State by referring to the best available data from the United |
7 | | States Census Bureau or other sources that the Office of the |
8 | | Secretary of the State considers relevant and reliable. |
9 | | (10 ILCS 5/1A-16.7) |
10 | | Sec. 1A-16.7. Automatic voter registration. |
11 | | (a) The State Board of Elections shall establish and |
12 | | maintain a portal for automatic government agency voter |
13 | | registration that permits an eligible person to electronically |
14 | | apply to register to vote or to update his or her existing |
15 | | voter registration as provided in Section 1A-16.1 or Section |
16 | | 1A-16.2. The portal shall interface with the online voter |
17 | | registration system established in Section 1A-16.5 of this |
18 | | Code and shall be capable of receiving and processing voter |
19 | | registration application information, including electronic |
20 | | signatures, from the Office of the Secretary of State and each |
21 | | designated automatic voter registration agency, as defined in |
22 | | Section 1A-16.2. The State Board of Elections may |
23 | | cross-reference voter registration information from any |
24 | | designated automatic voter registration agency, as defined |
25 | | under Section 1A-16.2 of this Code, with information contained |
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1 | | in the database of the Secretary of State as provided under |
2 | | subsection (c) of Section 1A-16.5 of this Code. The State |
3 | | Board of Elections shall modify the online voter registration |
4 | | system as necessary to implement this Section. |
5 | | (b) Voter registration data received from the Office of |
6 | | the Secretary of State or a designated automatic voter |
7 | | registration agency through the online registration |
8 | | application system shall be processed as provided in Section |
9 | | 1A-16.5 of this Code. |
10 | | (c) The State Board of Elections shall establish technical |
11 | | specifications applicable to each automatic government |
12 | | registration program, including data format and transmission |
13 | | specifications. The Office of the Secretary of State and each |
14 | | designated automatic voter registration agency shall maintain |
15 | | a data transfer mechanism capable of transmitting voter |
16 | | registration application information, including electronic |
17 | | signatures where available, to the online voter registration |
18 | | system established in Section 1A-16.5 of this Code. |
19 | | (d) The State Board of Elections shall, by rule, establish |
20 | | criteria and procedures for determining whether an agency of |
21 | | the State or federal government seeking to become a designated |
22 | | automatic voter registration agency in the course of receiving |
23 | | applications and other forms regarding licenses, permits, |
24 | | programs, and services offered by the agency, receives |
25 | | documentation that an applicant is a United States citizen, as |
26 | | described in subsection (g) of Section 1A-16.1 has access to |
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1 | | reliable personal information, as defined under this |
2 | | subsection (d) and subsection (f) of Section 1A-16.2 of this |
3 | | Code , and otherwise meets the requirements to enter into an |
4 | | interagency contract and to operate as a designated automatic |
5 | | voter registration agency. The State Board of Elections shall |
6 | | approve each interagency contract upon affirmative vote of a |
7 | | majority of its members. |
8 | | As used in this subsection (d), "reliable personal |
9 | | information" means information about individuals obtained from |
10 | | government sources that may be used to verify whether an |
11 | | individual is eligible to register to vote. |
12 | | (e) Whenever an applicant's data is transferred from the |
13 | | Office of the Secretary of State or a designated automatic |
14 | | voter registration agency, the agency must transmit a |
15 | | signature image if available. If no signature image was |
16 | | provided by the agency and , or if no signature image is |
17 | | available in the Office of the Secretary of State's database |
18 | | or the statewide voter registration database, or other |
19 | | database available to the State Board of Elections, the |
20 | | applicant must be notified that voter his or her registration |
21 | | will remain in a pending status until the applicant: , and the |
22 | | applicant will be required to |
23 | | (1) provides provide identification that complies with |
24 | | the federal Help America Vote Act of 2002 and a signature |
25 | | to the election authority on election day in the polling |
26 | | place or during early voting ; . |
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1 | | (2) provides identification that complies with the |
2 | | federal Help America Vote Act of 2002 and a signature with |
3 | | a mail ballot, or provides a signature in accordance with |
4 | | the procedures described in subsection (g-5) of Section |
5 | | 19-8; or |
6 | | (3) provides a signature in response to the notice |
7 | | described in subsection (g) or by other paper or |
8 | | electronic means determined by the State Board of |
9 | | Elections. |
10 | | (f) Upon receipt of personal information collected and |
11 | | transferred by the Office of the Secretary of State or a |
12 | | designated automatic voter registration agency, the State |
13 | | Board of Elections shall check the information against the |
14 | | statewide voter registration database. The State Board of |
15 | | Elections shall create and electronically transmit to the |
16 | | appropriate election authority a voter registration |
17 | | application for any individual who is not registered to vote |
18 | | in Illinois and is not disqualified as provided in this |
19 | | Section or whose information reliably indicates a more recent |
20 | | update to the name or address of a person already included in |
21 | | the statewide voter database. The election authority shall |
22 | | process the application accordingly. If the individual |
23 | | provides the Office of the Secretary of State or a designated |
24 | | automatic voter registration agency with an address designated |
25 | | by the Attorney General as a substitute mailing address under |
26 | | Section 15 of the Address Confidentiality for Victims of |
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1 | | Domestic Violence, Sexual Assault, Human Trafficking, or |
2 | | Stalking Act or if the State Board of Elections otherwise |
3 | | determines that the individual is a program participant under |
4 | | Section 10 of the Address Confidentiality for Victims of |
5 | | Domestic Violence, Sexual Assault, Human Trafficking, or |
6 | | Stalking Act, the State Board of Elections shall not create or |
7 | | electronically transmit to an election authority a voter |
8 | | registration the application for the individual. The State |
9 | | Board of Elections may provide alternative voter registration |
10 | | procedures for the individuals described in this subsection. |
11 | | (g) The appropriate election authority shall ensure that |
12 | | any applicant about whom it receives information from the |
13 | | State Board of Elections under subsection (f) who is |
14 | | registered to vote or whose existing voter registration is |
15 | | updated under this Section is promptly sent written notice of |
16 | | the change. The notice required by this subsection (g) may be |
17 | | sent or combined with other notices required or permitted by |
18 | | law, including, but not limited to, any notices sent pursuant |
19 | | to Section 1A-16.5 of this Code. Any notice required by this |
20 | | subsection (g) shall contain, at a minimum: (i) the |
21 | | applicant's name and residential address as reflected on the |
22 | | voter registration list; (ii) a statement notifying the |
23 | | applicant to contact the appropriate election authority if his |
24 | | or her voter registration has been updated in error; (iii) the |
25 | | qualifications to register to vote in Illinois; (iv) a |
26 | | statement notifying the applicant that he or she may opt out of |
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1 | | voter registration or request a change to his or her |
2 | | registration information at any time by contacting an election |
3 | | official; and (iii) (v) contact information for the |
4 | | appropriate election authority, including a phone number, |
5 | | address, electronic mail address, and website address. |
6 | | For an applicant under subsection (b) of Section 1A-16.1 |
7 | | or subsection (b) of Section 1A-16.2 who is not currently |
8 | | registered to vote in Illinois, the notice shall be sent |
9 | | within 5 business days after the transmission of the voter |
10 | | registration application to the election authority and shall |
11 | | contain: |
12 | | (1) the following statement: "After your recent visit |
13 | | to [an Illinois Secretary of State Driver Services |
14 | | Facility, or designated automatic voter registration |
15 | | agency] we started an automatic voter registration process |
16 | | for you. You will be registered to vote unless you |
17 | | complete, sign, and return this card by [deadline date]."; |
18 | | (2) the notices required by Section 5(c)(2) of the |
19 | | National Voter Registration Act of 1993; and |
20 | | (3) an opportunity to provide a signature as described |
21 | | in subsection (e) and to select a language for election |
22 | | materials if applicable to the jurisdiction, by prepaid |
23 | | postage. |
24 | | For an applicant under subsection (b) of Section 1A-16.1 |
25 | | or subsections (b) of Section 1A-16.2 who is currently |
26 | | registered to vote in Illinois and whose application contains |
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1 | | a change in the applicant's registered residence address or |
2 | | name, the notice shall be sent within 5 business days after the |
3 | | transmission of the voter registration application to the |
4 | | election authority and shall contain: |
5 | | (1) the following statement: "After your recent visit |
6 | | to [an Illinois Secretary of State Driver Services |
7 | | Facility or designated automatic voter registration |
8 | | agency], we started an update to your voter registration. |
9 | | Your voter registration will be updated unless you |
10 | | complete, sign and return this card by [deadline date]."; |
11 | | (2) the notices required by Section 5(c)(2) of the |
12 | | National Voter Registration Act of 1993; and |
13 | | (3) an opportunity to provide a signature as described |
14 | | in subsection (e), and to select a language for election |
15 | | materials if applicable to the jurisdiction, by prepaid |
16 | | postage. |
17 | | Any notice required by this subsection shall, at a |
18 | | minimum, be provided in languages for which there is coverage |
19 | | for the jurisdiction of the election authority under Section |
20 | | 203 of the federal Voting Rights Act, as identified by the |
21 | | United States Census Bureau in the Federal Register. Any |
22 | | notice required by this subsection must also comply with all |
23 | | applicable, federal, State, and local laws, regulations, and |
24 | | ordinances that relate to providing language access to |
25 | | individuals with limited English proficiency. If the State |
26 | | Board of Elections has received language preference |
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1 | | information regarding the applicant and has transmitted that |
2 | | information to the appropriate election authority, the |
3 | | appropriate election authority shall take all practicable |
4 | | measures to send the notice to the applicant in the |
5 | | applicant's preferred language. |
6 | | (g-5) If an applicant under subsection (b) of Section |
7 | | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the |
8 | | notice described in subsection (g) declining to be registered |
9 | | within 23 days after the mailing of the notice, the applicant |
10 | | shall not be registered to vote and the applicant shall be |
11 | | deemed not to have attempted to register to vote. If an |
12 | | applicant under subsection (b) of Section 1A-16.1 or |
13 | | subsection (b) of Section 1A-16.2 returns the notice described |
14 | | in subsection (g) declining or correcting the update within 23 |
15 | | days after the mailing of the notice, the applicant's update |
16 | | shall be declined or corrected in the statewide voter |
17 | | registration database. If an applicant returns the notice |
18 | | described in subsection (g) but does not do so within 23 days |
19 | | after the mailing of the notice, then the applicant shall be |
20 | | registered to vote under the name and address contained in the |
21 | | dual-purpose application. If an applicant returns the notice |
22 | | described in subsection (g) declining to be registered or |
23 | | declining or correcting the update more than 23 days after the |
24 | | mailing of the notice, then the notice shall be processed as a |
25 | | request to cancel or update the applicant's registration. |
26 | | During the 23-day period specified in this subsection, an |
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1 | | applicant's voter registration or updated voter registration |
2 | | shall be in a pending status. |
3 | | (g-6) If an applicant under subsection (b) of Section |
4 | | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the |
5 | | notice indicating a language preference, the language |
6 | | preference shall be retained as part of the person's |
7 | | registration information. |
8 | | (h) The appropriate election authority shall ensure that |
9 | | any applicant whose voter registration application is not |
10 | | accepted or deemed incomplete is promptly sent written notice |
11 | | of the application's status. The notice required by this |
12 | | subsection may be sent or combined with other notices required |
13 | | or permitted by law, including, but not limited to, any |
14 | | notices sent pursuant to Section 1A-16.5 of this Code. Any |
15 | | notice required by this subsection (h) shall contain, at a |
16 | | minimum, the reason the application was not accepted or deemed |
17 | | incomplete and contact information for the appropriate |
18 | | election authority, including a phone number, address, |
19 | | electronic mail address, and website address. |
20 | | (i) If the Office of the Secretary of State or a designated |
21 | | automatic voter registration agency transfers information, or |
22 | | if the State Board of Elections creates and transmits a voter |
23 | | registration application, for a person who does not qualify as |
24 | | an eligible voter, then it shall not constitute a completed |
25 | | voter registration form, and the person shall not be |
26 | | considered to have registered to vote. |
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1 | | (j) If the registration is processed by any election |
2 | | authority, then it shall be presumed to have been effected and |
3 | | officially authorized by the State, and that person shall not |
4 | | be found on that basis to have made a false claim to |
5 | | citizenship or to have committed an act of moral turpitude, |
6 | | nor shall that person be subject to penalty under any relevant |
7 | | laws, including, but not limited to, Sections 29-10 and 29-19 |
8 | | of this Code. This subsection (j) does not apply to a person |
9 | | who knows that he or she is not entitled to register to vote |
10 | | and who willfully votes, registers to vote, or attests under |
11 | | penalty of perjury that he or she is eligible to register to |
12 | | vote or willfully attempts to vote or to register to vote. |
13 | | (k) The State Board of Elections, the Office of the |
14 | | Secretary of State, and each designated automatic voter |
15 | | registration agency shall implement policies and procedures to |
16 | | protect the privacy and security of voter information as it is |
17 | | acquired, stored, and transmitted among agencies, including |
18 | | policies for the retention and preservation of voter |
19 | | information. Information designated as confidential under this |
20 | | Section may be recorded and shared among the State Board of |
21 | | Elections, election authorities, the Office of the Secretary |
22 | | of State, and designated automatic voter registration |
23 | | agencies, but shall be used only for voter registration |
24 | | purposes, shall not be disclosed to the public except in the |
25 | | aggregate as required by subsection (m) of this Section, and |
26 | | shall not be subject to the Freedom of Information Act. The |
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1 | | following information shall be designated as confidential: |
2 | | (1) any portion of an applicant's Social Security |
3 | | number; |
4 | | (2) any portion of an applicant's driver's license |
5 | | number or State identification number; |
6 | | (3) an applicant's decision to decline voter |
7 | | registration; |
8 | | (4) the identity of the person providing information |
9 | | relating to a specific applicant; and |
10 | | (5) the personal residence and contact information of |
11 | | any applicant for whom notice has been given by an |
12 | | appropriate legal authority ; and . |
13 | | (6) the personal residence and contact information |
14 | | relating to an applicant who returns a notice described |
15 | | subsection (g) declining to register to vote that was |
16 | | received by the election authority within 23 days after |
17 | | mailing the notice or for whom the 23-day period has not |
18 | | passed. |
19 | | This subsection (k) shall not apply to information the |
20 | | State Board of Elections is required to share with the |
21 | | Electronic Registration Information Center. |
22 | | (l) The voter registration procedures implemented under |
23 | | this Section shall comport with the federal National Voter |
24 | | Registration Act of 1993, as amended, and shall specifically |
25 | | require that the State Board of Elections track registration |
26 | | data received through the online registration system that |
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1 | | originated from a designated automatic voter registration |
2 | | agency for the purposes of maintaining statistics. |
3 | | Nothing in this Code shall require designated voter |
4 | | registration agencies to transmit information that is |
5 | | confidential client information under State or federal law |
6 | | without the consent of the applicant. |
7 | | (m) The State Board of Elections, each election authority |
8 | | that maintains a website, the Office of the Secretary of |
9 | | State, and each designated automatic voter registration agency |
10 | | that maintains a website shall provide information on their |
11 | | websites informing the public about the new registration |
12 | | procedures described in this Section. The Office of the |
13 | | Secretary of State and each designated automatic voter |
14 | | registration agency shall display signage or provide |
15 | | literature for the public containing information about the new |
16 | | registration procedures described in this Section. |
17 | | (n) No later than 6 months after the effective date of this |
18 | | amendatory Act of the 100th General Assembly, the State Board |
19 | | of Elections shall hold at least one public hearing on |
20 | | implementing this amendatory Act of the 100th General Assembly |
21 | | at which the public may provide input. |
22 | | (o) The State Board of Elections shall submit an annual |
23 | | public report to the General Assembly and the Governor |
24 | | detailing the progress made to implement this Section. The |
25 | | report shall include all of the following: the number of |
26 | | records transferred under this Section by agency, the number |
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1 | | of voters newly added to the statewide voter registration list |
2 | | because of records transferred under this Section by agency, |
3 | | the number of updated registrations under this Section by |
4 | | agency, the number of persons who opted out of voter |
5 | | registration, and the number of voters who submitted voter |
6 | | registration forms using the online procedure described in |
7 | | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports |
8 | | may include less detail if election authorities are not |
9 | | equipped to provide complete information to the State Board of |
10 | | Elections. Any report produced under this subsection (o) shall |
11 | | exclude any information that identifies any individual |
12 | | personally. |
13 | | (p) The State Board of Elections, in consultation with |
14 | | election authorities, the Office of the Secretary of State, |
15 | | designated automatic voter registration agencies, and |
16 | | community organizations, shall adopt rules as necessary to |
17 | | implement the provisions of this Section. |
18 | | (q) The changes made to this Section by this amendatory |
19 | | Act of the 103rd General Assembly shall be implemented no |
20 | | later than January 1, 2026. |
21 | | (Source: P.A. 100-464, eff. 8-28-17.) |
22 | | (10 ILCS 5/1A-16.8) |
23 | | Sec. 1A-16.8. Automatic transfer of registration based |
24 | | upon information from the National Change of Address database |
25 | | and designated automatic voter registration agencies. |
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1 | | (a) The State Board of Elections shall cross-reference the |
2 | | statewide voter registration database against the United |
3 | | States Postal Service's National Change of Address database |
4 | | twice each calendar year, April 15 and October 1 in |
5 | | odd-numbered years and April 15 and December 1 in |
6 | | even-numbered years or with the same frequency as in |
7 | | subsection (b) of this Section, and shall share the findings |
8 | | with the election authorities. |
9 | | (b) In addition, beginning no later than September 1, |
10 | | 2017, the State Board of Elections shall utilize data provided |
11 | | as part of its membership in the Electronic Registration |
12 | | Information Center in order to cross-reference the statewide |
13 | | voter registration database against databases of relevant |
14 | | personal information kept by designated automatic voter |
15 | | registration agencies, including, but not limited to, driver's |
16 | | license information kept by the Secretary of State, at least 6 |
17 | | times each calendar year and shall share the findings with |
18 | | election authorities. |
19 | | This subsection (b) shall no longer apply once Sections |
20 | | 1A-16.1 and 1A-16.2 of this Code are fully implemented as |
21 | | determined by the State Board of Elections. Upon a |
22 | | determination by the State Board of Elections of full |
23 | | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, |
24 | | the State Board of Elections shall file notice of full |
25 | | implementation and the inapplicability of this subsection (b) |
26 | | with the Index Department of the Office of the Secretary of |
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1 | | State, the Governor, the General Assembly, and the Legislative |
2 | | Reference Bureau. |
3 | | (b-5) The State Board of Elections shall not be required |
4 | | to share any data on any voter attained using the National |
5 | | Change of Address database under subsection (a) of this |
6 | | Section if that voter has a more recent government transaction |
7 | | indicated using the cross-reference under subsection (b) of |
8 | | this Section. If there is contradictory or unclear data |
9 | | between data obtained under subsections (a) and (b) of this |
10 | | Section, then data obtained under subsection (b) of this |
11 | | Section shall take priority. |
12 | | (c) An election authority shall automatically register any |
13 | | voter who has moved into its jurisdiction from another |
14 | | jurisdiction in Illinois or has moved within its jurisdiction |
15 | | provided that: |
16 | | (1) the election authority whose jurisdiction includes |
17 | | the new registration address provides the voter an |
18 | | opportunity to reject the change in registration address |
19 | | through a mailing, sent by non-forwardable mail, to the |
20 | | new registration address, and |
21 | | (2) when the election authority whose jurisdiction |
22 | | includes the previous registration address is a different |
23 | | election authority, then that election authority provides |
24 | | the same opportunity through a mailing, sent by |
25 | | forwardable mail, to the previous registration address. |
26 | | This change in registration shall trigger the same |
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1 | | inter-jurisdictional or intra-jurisdictional workflows as if |
2 | | the voter completed a new registration card, including the |
3 | | cancellation of the voter's previous registration. Should the |
4 | | registration of a voter be changed from one address to another |
5 | | within the State and should the voter appear at the polls and |
6 | | offer to vote from the prior registration address, attesting |
7 | | that the prior registration address is the true current |
8 | | address, the voter, if confirmed by the election authority as |
9 | | having been registered at the prior registration address and |
10 | | canceled only by the process authorized by this Section, shall |
11 | | be issued a regular ballot, and the change of registration |
12 | | address shall be canceled. If the election authority is unable |
13 | | to immediately confirm the registration, the voter shall be |
14 | | permitted to register and vote a regular ballot, provided that |
15 | | he or she meets the documentary requirements for same-day |
16 | | registration. If the election authority is unable to confirm |
17 | | the registration and the voter does not meet the requirements |
18 | | for same-day registration, the voter shall be issued a |
19 | | provisional ballot. |
20 | | (c-5) An agency that does not receive documentation that |
21 | | an applicant is a United States citizen, as described in |
22 | | subsection (g) of Section 1A-16.1, may enter into an agreement |
23 | | with the State Board of Elections to transmit information that |
24 | | shall serve only to update an applicant's existing voter |
25 | | registration record. Under the agreement, the agency shall |
26 | | transmit information on all clients who may be registered to |
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1 | | vote with a clear indication that the information shall be |
2 | | used only for updates. The State Board of Elections shall |
3 | | determine which applicants are already registered to vote and, |
4 | | for any voter whose information provided to the agency differs |
5 | | from that on the voter registration record, provide that |
6 | | information to the voter's local election authority who shall |
7 | | update a registered voter's records in accordance with the |
8 | | procedures described in Section 1A-16.7. The State Board of |
9 | | Election and local election authority shall take no action |
10 | | under this subsection for any applicant not already registered |
11 | | to vote. |
12 | | This subsection shall be implemented no later than January |
13 | | 1, 2026. |
14 | | (d) No voter shall be disqualified from voting due to an |
15 | | error relating to an update of registration under this |
16 | | Section. |
17 | | (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.) |
18 | | Section 10. The Illinois Vehicle Code is amended by |
19 | | changing Section 2-105 as follows: |
20 | | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105) |
21 | | Sec. 2-105. Offices of Secretary of State. |
22 | | (a) The Secretary of State shall maintain offices in the |
23 | | State capital and in such other places in the State as he may |
24 | | deem necessary to properly carry out the powers and duties |
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1 | | vested in him. |
2 | | (b) The Secretary of State may construct and equip one or |
3 | | more buildings in the State of Illinois outside of the County |
4 | | of Sangamon as he deems necessary to properly carry out the |
5 | | powers and duties vested in him. The Secretary of State may, on |
6 | | behalf of the State of Illinois, acquire public or private |
7 | | property needed therefor by lease, purchase or eminent domain. |
8 | | The care, custody and control of such sites and buildings |
9 | | constructed thereon shall be vested in the Secretary of State. |
10 | | Expenditures for the construction and equipping of any of such |
11 | | buildings upon premises owned by another public entity shall |
12 | | not be subject to the provisions of any State law requiring |
13 | | that the State be vested with absolute fee title to the |
14 | | premises. The exercise of the authority vested in the |
15 | | Secretary of State by this Section is subject to the |
16 | | appropriation of the necessary funds. |
17 | | (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of |
18 | | the Election Code, the Secretary of State shall make driver |
19 | | services facilities available for use as places of accepting |
20 | | applications for voter registration. |
21 | | (d) (Blank). |
22 | | (e) Each applicant person applying at a driver services |
23 | | facility for a driver's license or permit, a corrected |
24 | | driver's license or permit, an Illinois Identification Card |
25 | | identification card or a corrected Illinois Identification |
26 | | Card who has presented documentation establishing United |
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1 | | States citizenship as set forth in subsection (g) of Section |
2 | | 1A-16.1 of the Election Code identification card shall be |
3 | | notified, under the procedures set forth in Sections 1A-16.1 |
4 | | and 1A-16.7 of the Election Code, that the applicant's unless |
5 | | he or she affirmatively declines, his or her personal |
6 | | information shall be transferred to the State Board of |
7 | | Elections for the purpose of creating an electronic voter |
8 | | registration application. Each applicant applying at a driver |
9 | | services facility for a driver's license or permit, a |
10 | | corrected driver's license or permit or a State identification |
11 | | card or a corrected Illinois Identification Card who presented |
12 | | documentation that neither establishes that the applicant is a |
13 | | United States citizen nor establishes that the applicant is |
14 | | not a United States citizen, but who affirmatively indicated |
15 | | they wished to apply to register to vote and attested, in |
16 | | writing, to United States citizenship, shall be notified, |
17 | | under the procedures set forth in Sections 1A-16.1 and 1A-16.7 |
18 | | of the Election Code that the applicant's personal information |
19 | | will be transmitted to the State Board of Elections for the |
20 | | purpose of creating an electronic voter registration |
21 | | application. Such notification may be made in writing or |
22 | | verbally issued by an employee or the Secretary of State. |
23 | | The Secretary of State shall promulgate such rules as may |
24 | | be necessary for the efficient execution of his duties and the |
25 | | duties of his employees under this Section. |
26 | | (f) Any person applying at a driver services facility for |
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1 | | issuance or renewal of a driver's license or Illinois |
2 | | Identification Card shall be provided, without charge, with a |
3 | | brochure warning the person of the dangers of financial |
4 | | identity theft. The Department of Financial and Professional |
5 | | Regulation shall prepare these brochures and provide them to |
6 | | the Secretary of State for distribution. The brochures shall |
7 | | (i) identify signs warning the reader that he or she might be |
8 | | an intended victim of the crime of financial identity theft, |
9 | | (ii) instruct the reader in how to proceed if the reader |
10 | | believes that he or she is the victim of the crime of identity |
11 | | theft, and (iii) provide the reader with names and telephone |
12 | | numbers of law enforcement and other governmental agencies |
13 | | that provide assistance to victims of financial identity |
14 | | theft. |
15 | | (g) (Blank). The changes made by this amendatory Act of |
16 | | the 100th General Assembly shall be implemented no later than |
17 | | July 1, 2018. |
18 | | (h) The changes made to this Section by this amendatory |
19 | | Act of the 103rd General Assembly shall be implemented no |
20 | | later than January 1, 2026. |
21 | | (Source: P.A. 100-464, eff. 8-28-17.) |
22 | | Section 95. No acceleration or delay. Where this Act makes |
23 | | changes in a statute that is represented in this Act by text |
24 | | that is not yet or no longer in effect (for example, a Section |
25 | | represented by multiple versions), the use of that text does |