SB0496 EngrossedLRB103 02947 AWJ 47953 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding
6Section 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
10State.
11    (a) The Office of the Secretary of State and the State
12Board of Elections, pursuant to an interagency contract and
13jointly adopted jointly-adopted rules, shall establish an
14automatic voter registration program that satisfies the
15requirements of this Section and other applicable law.
16    (b) If, as part of an application, an application for
17renewal, or a change of address form, or a recertification
18form for a driver's license, other than a temporary visitor's
19driver's license, or a State identification card issued by the
20Office of the Secretary of State, an applicant presents
21documentation that establishes that the applicant is a United
22States citizen, as described in subsection (g), and is of age
23to register to vote or if the information provided to the

 

 

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1Office of the Secretary of State under subsection (c)
2indicates that the applicant is currently registered to vote
3in Illinois and, upon reviewing the documents and information
4submitted by the applicant, the Office of the Secretary of
5State determines that the name or residence address
6documentation submitted by the applicant differs from the
7information regarding the applicant provided under subsection
8(c) meets the requirements of the federal REAL ID Act of 2005,
9then that application shall serve as a dual-purpose
10application, unless the applicant declines in accordance with
11subsection (g) of Section 1A-16.7. The dual-purpose
12application 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
16of documents presented by the applicant that establishes the
17applicant is a United States citizen as described in
18subsection (g) and shall enter United States citizenship in a
19designated field. Based on the entry of United States
20citizenship in the designated field, the Office of the
21Secretary of State shall initiate a dual-purpose application
22through an automated process that is not subject to the
23discretion of individual employees of the Office of the
24Secretary of State.
25    (b-5) If, as part of an application, an application for
26renewal, or a change of address form, or a recertification

 

 

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1form for a driver's license, other than a temporary visitor's
2driver's license, or a State identification card issued by the
3Office of the Secretary of State, other than an application or
4form that pertains to a standard driver's license or
5identification card for an applicant who does not have and is
6not eligible for a social security number, an applicant
7presents documentation that neither establishes that the
8applicant is a United States citizen nor establishes that the
9applicant is not a United States citizen and the information
10provided to the Office of the Secretary of State under
11subsection (c) does not indicate that the applicant is
12currently registered to vote in Illinois does not meet the
13requirements of the federal REAL ID Act of 2005, then that
14application shall serve as a dual-purpose application. The
15dual-purpose application that, shall: (1) also serve as an
16application to register to vote in Illinois; (2) allow an
17applicant to change his or her registered residence address or
18name as it appears on the voter registration rolls; and (3) if
19the applicant chooses to register to vote, shall also serve as
20an application to register to vote in Illinois. If the
21applicant chooses to register to vote, the applicant shall be
22required or to change his or her registered residence address
23or name, then require the applicant to attest, by a separate
24signature under penalty of perjury, to meeting the
25qualifications to register to vote in Illinois at the
26applicant's his or her residence address as indicated on the

 

 

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1his or her dual-purpose application. The dual-purpose
2application shall allow the applicant to notify the Office of
3the Secretary of State of the applicant's preferred language.
4    (b-8) If an applicant presents to the Secretary of State
5documentation that establishes the applicant is not a United
6States citizen, no application submitted by that applicant
7shall 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
10subsection, the The Office of the Secretary of State shall
11clearly 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
14voter registration application, including the
15immigration-related consequences of incorrectly claiming
16United States citizenship and of the applicant's opportunity
17not to proceed in order to avoid the penalties; and (iii) that
18the , unless the applicant declines to register to vote or
19update his or her voter registration, his or her dual-purpose
20application shall also serve as both an application to
21register to vote and his or her attestation that he or she
22meets the eligibility requirements for voter registration, and
23that the his or her application to register to vote or update
24voter his or her registration will be transmitted to the State
25Board of Elections for the purpose of registering the person
26to vote at the residence address to be indicated on the

 

 

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1applicant's his or her driver's license or identification
2card, and (iv) that declining to register to vote is
3confidential and will not affect any services the person may
4be seeking from the Office of the Secretary of State.
5    The Office of the Secretary of State may provide
6additional instructions specific to applicants under
7subsection (b).
8    (b-15) Before asking any applicant described in subsection
9(b-5) to provide the attestation described in that subsection,
10the Office of the Secretary of State shall clearly and
11conspicuously inform each applicant in writing: (i) of the
12qualifications to register to vote in Illinois; (ii) of the
13penalties provided by law for submission of a false voter
14registration application, including the immigration-related
15consequences of incorrectly claiming United States citizenship
16and of the applicant's opportunity to withdraw an application
17to avoid the penalties; (iii) that the application shall also
18serve as an application to register to vote and that the
19application to register to vote or update voter registration
20will be transmitted to the State Board of Elections for the
21purpose of registering the person to vote at the residence
22address to be indicated on the applicant's driver's license or
23identification card, unless the applicant withdraws the
24application or declines to register to vote or update the
25applicant's voter registration; and (iv) that declining to
26register to vote or withdrawing a voter application is

 

 

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1confidential and will not affect any services the person may
2be seeking from the Office of the Secretary of State. The
3Office of the Secretary of State may provide additional
4instructions specific to applicants under subsection (b-5).
5    (c) The Office of the Secretary of State shall review
6information provided to the Office of the Secretary of State
7by the State Board of Elections to determine inform each
8applicant for a driver's license or permit, other than a
9temporary visitor's driver's license, or a State
10identification card issued by the Office of the Secretary of
11State whether each the applicant under subsections (b) and
12(b-5) is currently registered to vote in Illinois and, if
13registered, at what address, and shall inform each applicant
14described in subsection (b-5) for a driver's license or permit
15or State identification card issued by the Office of the
16Secretary of State whether the applicant is currently
17registered and, if registered, at what address.
18    (d) The Office of the Secretary of State shall not require
19an applicant for a driver's license or State identification
20card to provide duplicate identification or information in
21order to complete an application to register to vote or change
22his or her registered residence address or name. Before
23transmitting any personal information about an applicant to
24the State Board of Elections, the Office of the Secretary of
25State shall review its records of the identification documents
26the applicant provided in order to complete the application

 

 

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1for a driver's license or State identification card, to
2confirm that nothing in those documents indicates that the
3applicant does not satisfy the qualifications to register to
4vote in Illinois at his or her residence address. If the
5applicant provides the Office of the Secretary of State with
6an address designated by the Attorney General as a substitute
7mailing address under Section 15 of the Address
8Confidentiality for Victims of Domestic Violence, Sexual
9Assault, Human Trafficking, or Stalking Act or is a judicial
10officer of peace officer who provides the Office of the
11Secretary of State with a work address instead of a residence
12address, as authorized by subsection (a) of Section 6-106 of
13the Illinois Vehicle Code, the applicant shall not be offered
14voter registration by the Office of the Secretary of State.
15    (e) A completed, signed application for (i) a driver's
16license or permit, other than a temporary visitor's driver's
17license, or a State identification card issued by the Office
18of the Secretary of State that includes the presentation of
19documentation that establishes that the applicant is a United
20States citizen and is of age to register to vote or for which
21the information provided to the Office of the Secretary of
22State under subsection (c) indicates that the applicant is
23currently registered to vote in Illinois , that meets the
24requirements of the federal REAL ID Act of 2005; or (ii) a
25completed application under subsection (b-5) of this Section
26with a separate signature attesting the applicant meets the

 

 

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1qualifications to register to vote in Illinois at his or her
2residence address as indicated on his or her application shall
3constitute a signed application to register to vote in
4Illinois at the residence address indicated in the application
5unless the person affirmatively declined in the application to
6register to vote or to change his or her registered residence
7address or name. If the identification documents provided to
8complete the dual-purpose application indicate that the
9applicant he or she does not satisfy the qualifications to
10register to vote in Illinois at the specified his or her
11residence address, the application shall be marked as
12incomplete.
13    (f) For each completed and signed application that
14constitutes an application to register to vote in Illinois or
15provides for a change in the applicant's registered residence
16address or name, the Office of the Secretary of State shall
17electronically transmit to the State Board of Elections
18personal information needed to complete the person's
19registration to vote in Illinois at the specified his or her
20residence address, including the applicant's choice language
21preference as indicated by the applicant or as otherwise
22collected by the Office of the Secretary of State during the
23permitting, licensing, or identification card transaction. The
24application to register to vote shall be processed in
25accordance with Section 1A-16.7.
26    (g) Documentation that establishes that the applicant is a

 

 

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1United 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"
21means an application, an application for renewal or , a change
22of address form, or a recertification form for driver's
23license or permit, other than a temporary visitor's driver's
24license, or a State identification card offered by the
25Secretary of State that also serves as an application to
26register to vote in Illinois. "Dual-purpose application" does

 

 

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1not mean an application under subsection (c) of Section 6-109
2of the Illinois Vehicle Code.
3    (i) The changes made to this Section by this amendatory
4Act of the 103rd General Assembly shall be implemented no
5later 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
9State.
10    (a) The Office of the Secretary of State and the State
11Board of Elections, pursuant to an interagency contract and
12jointly adopted jointly-adopted rules, shall establish an
13automatic voter registration program that satisfies the
14requirements of this Section and other applicable law.
15    (b) If, as part of an application, an application for
16renewal, or a change of address form, or a recertification
17form for a driver's license or a State identification card
18issued by the Office of the Secretary of State, an applicant
19presents documentation that establishes that the applicant is
20a United States citizen, as described in subsection (g), and
21is of age to register to vote or if the information provided to
22the Office of the Secretary of State under subsection (c)
23indicates that the applicant is currently registered to vote
24in Illinois and, upon reviewing the documents and information
25submitted by the applicant, the Office of the Secretary of

 

 

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1State determines that the name or residence address
2documentation submitted by the applicant differs from the
3information regarding the applicant provided under subsection
4(c) meets the requirements of the federal REAL ID Act of 2005,
5then that application shall serve as a dual-purpose
6application, unless the applicant declines in accordance with
7subsection (g) of Section 1A-16.7. The dual-purpose
8application 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
12of documents presented by the applicant that establishes the
13applicant is a United States citizen as described in
14subsection (g) and shall enter United States citizenship in a
15designated field. Based on the entry of United States
16citizenship in the designated field, the Office of the
17Secretary of State shall initiate a dual-purpose application
18through an automated process that is not subject to the
19discretion of individual employees of the Office of the
20Secretary of State.
21    (b-5) If, as part of an application, an application for
22renewal, or a change of address form, or a recertification
23form for a driver's license or a State identification card
24issued by the Office of the Secretary of State, other than an
25application or form that pertains to a standard driver's
26license or identification card for an applicant who does not

 

 

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1have and is not eligible for and does not list a social
2security number, an applicant presents documentation that
3neither establishes that the applicant is a United States
4citizen nor establishes that the applicant is not a United
5States citizen and the information provided to the Office of
6the Secretary of State under subsection (c) does not indicate
7that the applicant is currently registered to vote in Illinois
8for the applicant, does not meet the requirements of the
9federal REAL ID Act of 2005, then that application shall serve
10as a dual-purpose application. The dual-purpose application
11that, shall: (1) also serve as an application to register to
12vote in Illinois; (2) allow an applicant to change his or her
13registered residence address or name as it appears on the
14voter registration rolls; and (3) if the applicant chooses to
15register to vote, shall also serve as an application to
16register to vote in Illinois. If the applicant chooses to
17register to vote, the applicant shall be required or to change
18his or her registered residence address or name, then require
19the applicant to attest, by a separate signature under penalty
20of perjury, to meeting the qualifications to register to vote
21in Illinois at the applicant's his or her residence address as
22indicated on the his or her dual-purpose application.
23    The dual-purpose application shall allow the applicant to
24notify the Office of the Secretary of State of the applicant's
25preferred language.
26    (b-8) If an applicant presents to the Secretary of State

 

 

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1documentation that establishes the applicant is not a United
2States citizen, no application submitted by that applicant
3shall 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
6subsection, the The Office of the Secretary of State shall
7clearly 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
10voter registration application, including the
11immigration-related consequences of incorrectly claiming
12United States citizenship and of the applicant's opportunity
13not to proceed in order to avoid the penalties; and , (iii) that
14the , unless the applicant declines to register to vote or
15update his or her voter registration, his or her dual-purpose
16application shall also serve as both an application to
17register to vote and his or her attestation that he or she
18meets the eligibility requirements for voter registration, and
19that the his or her application to register to vote or update
20voter his or her registration will be transmitted to the State
21Board of Elections for the purpose of registering the person
22to vote at the residence address to be indicated on the
23applicant's his or her driver's license or identification
24card, and (iv) that declining to register to vote is
25confidential and will not affect any services the person may
26be seeking from the Office of the Secretary of State. The

 

 

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1Office of the Secretary of State may provide additional
2instructions 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,
5the Office of the Secretary of State shall clearly and
6conspicuously inform each applicant in writing: (i) of the
7qualifications to register to vote in Illinois; (ii) of the
8penalties provided by law for submission of a false voter
9registration application, including the immigration-related
10consequences of incorrectly claiming United States citizenship
11and of the applicant's opportunity to withdraw an application
12to avoid the penalties; (iii) that the application shall also
13serve as an application to register to vote and that the
14application to register to vote or update voter registration
15will be transmitted to the State Board of Elections for the
16purpose of registering the person to vote at the residence
17address to be indicated on the applicant's driver's license or
18identification card, unless the applicant withdraws the
19application or declines to register to vote or update the
20applicant's voter registration; and (iv) that declining to
21register to vote or withdrawing a voter application is
22confidential and will not affect any services the person may
23be seeking from the Office of the Secretary of State. The
24Office of the Secretary of State may provide additional
25instructions specific to applicants under subsection (b-5).
26    (c) The Office of the Secretary of State shall review

 

 

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1information provided to the Office of the Secretary of State
2by the State Board of Elections to determine whether each
3inform each applicant for a driver's license or permit or a
4State identification card issued by the Office of the
5Secretary of State, other than an application or form that
6pertains to a standard driver's license or identification card
7and does not list a social security number for the applicant,
8whether the applicant under subsections (b) and (b-5) is
9currently registered to vote in Illinois and, if registered,
10at what address, and shall inform each applicant described in
11subsection (b-5) for a driver's license or permit or State
12identification card issued by the Office of the Secretary of
13State whether the applicant is currently registered and, if
14registered, at what address.
15    (d) The Office of the Secretary of State shall not require
16an applicant for a driver's license or State identification
17card to provide duplicate identification or information in
18order to complete an application to register to vote or change
19his or her registered residence address or name. Before
20transmitting any personal information about an applicant to
21the State Board of Elections, the Office of the Secretary of
22State shall review its records of the identification documents
23the applicant provided in order to complete the application
24for a driver's license or State identification card, to
25confirm that nothing in those documents indicates that the
26applicant does not satisfy the qualifications to register to

 

 

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1vote in Illinois at his or her residence address. If the
2applicant provides the Office of the Secretary of State with
3an address designated by the Attorney General as a substitute
4mailing address under Section 15 of the Address
5Confidentiality for Victims of Domestic Violence, Sexual
6Assault, Human Trafficking, or Stalking Act or is a judicial
7officer of peace officer who provides the Office of the
8Secretary of State with a work address instead of a residence
9address, as authorized by subsection (a) of Section 6-106 of
10the Illinois Vehicle Code, the applicant shall not be offered
11voter registration by the Office of the Secretary of State.
12    (e) A completed, signed application for (i) a driver's
13license or permit or a State identification card issued by the
14Office of the Secretary of State that includes the
15presentation of documentation that establishes that the
16applicant is a United States citizen and is of age to register
17to vote or for which the information provided to the Office of
18the Secretary of State under subsection (c) indicates that the
19applicant is currently registered to vote in Illinois , that
20meets the requirements of the federal REAL ID Act of 2005; or
21(ii) a completed application under subsection (b-5) of this
22Section with a separate signature attesting the applicant
23meets the qualifications to register to vote in Illinois at
24his or her residence address as indicated on his or her
25application shall constitute a signed application to register
26to vote in Illinois at the residence address indicated in the

 

 

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1application unless the person affirmatively declined in the
2application to register to vote or to change his or her
3registered residence address or name. If the identification
4documents provided to complete the dual-purpose application
5indicate that the applicant he or she does not satisfy the
6qualifications to register to vote in Illinois at the
7specified his or her residence address, the application shall
8be marked as incomplete.
9    (f) For each completed and signed application that
10constitutes an application to register to vote in Illinois or
11provides for a change in the applicant's registered residence
12address or name, the Office of the Secretary of State shall
13electronically transmit to the State Board of Elections
14personal information needed to complete the person's
15registration to vote in Illinois at the specified his or her
16residence address, including the applicant's choice language
17preference as indicated by the applicant or as otherwise
18collected by the Office of the Secretary of State during the
19permitting, licensing, or identification card transaction. The
20application to register to vote shall be processed in
21accordance with Section 1A-16.7.
22    (g) Documentation that establishes that the applicant is a
23United 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"
17means an application, an application for renewal or , a change
18of address form, or a recertification form for driver's
19license or permit or a State identification card offered by
20the Secretary of State, other than an application or form that
21pertains to a standard driver's license or identification card
22for an applicant who does not have and is not eligible for, a
23social security number and does not list a social security
24number for the applicant, that also serves as an application
25to register to vote in Illinois. "Dual-purpose application"
26does not mean an application under subsection (c) of Section

 

 

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16-109 of the Illinois Vehicle Code.
2    (i) The changes made to this Section by this amendatory
3Act of the 103rd General Assembly shall be implemented no
4later 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
8automatic voter registration agencies.
9    (a) Each designated automatic voter registration agency
10shall, pursuant to an interagency contract and jointly adopted
11jointly-adopted rules with the State Board of Elections, agree
12to participate in an automatic voter registration program
13established by the State Board of Elections that satisfies the
14requirements of this Section and other applicable law. If the
15designated automatic voter registration agency provides
16applications, applications for renewal, change of address
17forms, filing, or recertification forms to individuals for
18services offered by another agency, then the State Board of
19Elections and the designated automatic voter agency shall
20consult with the other agency. The State Board of Elections
21shall consider the current technological capabilities of the
22designated voter registration agency when drafting interagency
23contracts and jointly adopted jointly-adopted rules. The State
24Board of Elections and the designated automatic voter
25registration agency shall amend these contracts and rules as

 

 

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1the technological capabilities of the designated voter
2registration agencies improve.
3    (b) As provided in subsection (a) of this Section, when
4each designated automatic voter registration agency provides
5that collects or cross-references reliable personal
6information indicating citizenship status may provide that an
7application or form for a license, permit, program, or service
8described in subsection (a) that, as part of the application
9or form, the applicant presents documentation that establishes
10that the applicant is a United States citizen as described in
11subsection (g) of Section 1A-16.1, the application or form
12shall serve as a dual-purpose application, unless the
13applicant declines in accordance with subsection (g) of
14Section 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
16the applicant that establishes that the applicant is a United
17States citizen as described in subsection (g) of Section
181A-16.1.
19    (c) As provided in subsection (a) of this Section, when
20each designated automatic voter registration agency provides
21that does not collect or cross-reference records containing
22reliable personal information indicating citizenship status
23may provide that an application or , an application for
24renewal, a change of address form, or a recertification form
25for a license, permit, program, or service described in
26subsection (a) that, as part of the application of form, the

 

 

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1applicant presents documentation that neither establishes that
2the applicant is a United States citizen nor establishes that
3the applicant is not a United States citizen, the application
4or form shall serve as a dual-purpose application if the
5applicant chooses to register to vote. The dual-purpose
6application 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
22designated automatic voter registration agency that
23establishes that the applicant is not a United States citizen
24or the applicant attests that the applicant is not a United
25States citizen, no application submitted by that applicant
26shall 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
3that subsection, the The designated automatic voter
4registration agency shall clearly and conspicuously inform
5each applicant in writing: (i) of the qualifications to
6register to vote in Illinois; , (ii) of the penalties provided
7by law for submission of a false voter registration
8application, including the immigration-related consequences of
9incorrectly claiming United States citizenship and of the
10applicant's opportunity not to proceed in order to avoid the
11penalties; (iii) that the application shall serve as an
12application to register to vote or change the applicant's
13voter registration, and that the application , unless the
14applicant declines to register to vote or update his or her
15voter registration, his or her application shall also serve as
16both an application to register to vote and his or her
17attestation that he or she meets the eligibility requirements
18for voter registration, and that his or her application to
19register to vote or update his or her registration will be
20transmitted to the State Board of Elections for the purpose of
21registering the person to vote at the residence address to be
22indicated on the dual-purpose application; , (iv) that
23information identifying the agency at which he or she applied
24to register to vote is confidential; , (v) that declining to
25register to vote is confidential and will not affect any
26services 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
2Section 7 of the federal National Voter Registration Act of
31993. The designated automatic voter registration agency may
4provide additional instructions specific to applicants under
5subsection (b).
6    (c-10) Before asking any applicant described in subsection
7(c) to provide the attestation described in that subsection,
8the designated automatic voter registration agency shall
9clearly 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
12voter registration application, including the
13immigration-related consequences of incorrectly claiming
14United States citizenship, and of the applicant's opportunity
15to withdraw an application to avoid the penalties; (iii) that
16the application shall also serve as an application to register
17to vote or update the applicant's voter registration and that
18the application to register to vote or update voter
19registration will be transmitted to the State Board of
20Elections for the purpose of registering the person to vote at
21the residence address to be indicated on the dual-purpose
22application, unless the applicant withdraws the application or
23declines to register to vote or update the applicant's voter
24registration; (iv) that information identifying the agency at
25which the applicant applied to register to vote is
26confidential; (v) that withdrawing a voter registration

 

 

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1application or otherwise declining to register to vote is
2confidential and will not affect any services the person may
3be seeking from the agency; and (vi) any additional
4information needed in order to comply with Section 7 of the
5federal National Voter Registration Act of 1993. The
6designated automatic voter registration agency may provide
7additional instructions specific to applicants under
8subsection (c).
9    (d) The designated automatic voter registration agency
10shall review information provided to the agency by the State
11Board of Elections to inform each applicant covered by
12subsection (c) whether the applicant is currently registered
13to vote in Illinois and, if registered, at what address.
14    (e) The designated automatic voter registration agency
15shall not require an applicant for a dual-purpose application
16to provide duplicate identification or information in order to
17complete an application to register to vote or change the
18applicant's his or her registered residence address or name.
19Before transmitting any personal information about an
20applicant to the State Board of Elections, the agency shall
21review its records of the identification documents the
22applicant provided or that the agency cross-references in
23order to complete the dual-purpose application, to confirm
24that nothing in those documents indicates that the applicant
25does not satisfy the qualifications to register to vote in
26Illinois at the applicant's his or her residence address. A

 

 

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1completed and signed dual-purpose application, including a
2completed application under subsection (c) of this Section
3with a separate signature attesting that the applicant meets
4the qualifications to register to vote in Illinois at the his
5or her residence address as indicated on the his or her
6application, shall constitute an application to register to
7vote in Illinois at the residence address indicated in the
8application unless the person affirmatively declined in the
9application to register to vote or to change his or her
10registered residence address or name. If the identification
11documents provided to complete the dual-purpose application,
12or that the agency cross-references, indicate that the
13applicant he or she does not satisfy the qualifications to
14register to vote in Illinois at his or her residence address,
15the application shall be marked as incomplete. If the
16applicant provides the designated automatic voter registration
17agency with an address designated by the Attorney General as a
18substitute mailing address under Section 15 of the Address
19Confidentiality for Victims of Domestic Violence, Sexual
20Assault, Human Trafficking, or Stalking Act, or is a judicial
21officer or peace officer who provides the designated automatic
22voter registration agency with a work address instead of a
23residence address, the applicant shall not be offered voter
24registration by the designated automatic voter registration
25agency.
26    (f) For each completed and signed dual-purpose application

 

 

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1that constitutes an application to register to vote in
2Illinois or provides for a change in the applicant's
3registered residence address or name, the designated automatic
4voter registration agency shall electronically transmit to the
5State Board of Elections personal information needed to
6complete the person's registration to vote in Illinois at his
7or her residence address, including the applicant's language
8preference as indicated by the applicant or as otherwise
9collected by the designated automatic voter registration
10agency in the course of receiving applications and other forms
11regarding licenses, permits, programs, and services offered by
12the designated automatic voter registration agency. The
13application to register to vote shall be processed in
14accordance 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
13than July 1, 2019.
14    (i) If an agency under this Section receives documentation
15that an applicant is a United States citizen, as described in
16subsection (g) of Section 1A-16.1 for more than one person
17listed on an application for a license, permit, program, or
18service, each person for whom the agency receives the
19documentation may be considered an applicant under this
20Section and the application may serve as a dual-purpose
21application for each person.
22    (j) The changes made to this Section by this amendatory
23Act of the 103rd General Assembly shall be implemented no
24later 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
4Department of the Office of the Secretary of State and all
5facilities of a designated voter registration agency located
6in a political subdivision covered by Section 203 of the
7federal Voting Rights Act shall display and make plainly
8visible signage informing applicants about the type of
9language assistance available. The signage shall be in the
10covered languages applicable for the political subdivision.
11    (b) Every facility operated by the Driver Services
12Department of the Office of the Secretary of State and all
13facilities of a designated voter registration agency located
14in a political subdivision covered by Section 203 of the
15federal Voting Rights Act shall make available, in the covered
16languages, all written materials and verbal communication
17regarding voter registration for the purpose of processing the
18applicant's dual-purpose application described in Sections
191A-16.1 and 1A-16.2. Every facility operated by the Driver
20Services Department of the Office of the Secretary of State
21and all facilities of a designated voter registration agency
22shall make available, in the 5 most common non-English
23languages in this State, all written materials and verbal
24communications regarding voter registration for the purpose of
25processing an applicant's dual-purpose application described
26in Sections 1A-16.1 and 1A-16.2. These materials shall include

 

 

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1the notices described in subsection (b-10) of Section 1A-16.1
2and subsection (e) of Section 2-105 of the Illinois Vehicle
3Code, the affirmations described in paragraph (3) of
4subsection (b) of Section 1A-16.1 and paragraph (3) of
5subsection (b) of Section 1A-16.2, and the attestations
6described 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)
9and (b), the Driver Services Department of the Office of the
10Secretary of State, as part of every transaction described in
11subsections (b) and (b-5) of Section 1A-16.1 completed through
12its website, and each designated automatic voter registration
13agency, as defined in subsection (g) of Section 1A-16.2, as
14part of every transaction described in subsections (b) and (c)
15of Section 1A-16.2 completed through its website, shall make
16available, in the covered languages required in any
17jurisdiction in this State by Section 203 of the federal
18Voting Rights Act and in the 5 most common non-English
19languages in this State, all information and questions
20provided to an applicant regarding voter registration for the
21purpose of processing the applicant's dual-purpose application
22as described in Sections 1A-16.1 and 1A-16.2. These materials
23shall include, but not be limited to, the notices described in
24subsection (b-10) of Section 1A-16.1 and subsection (e) of
25Section 2-105 of the Illinois Vehicle Code, the affirmations
26described in paragraph (3) of subsection (b) of Section

 

 

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11A-16.1 and paragraph (3) of subsection (b) of Section
21A-16.2, and the attestations described in subsection (b-5) of
3Section 1A-16.1 and paragraph (3) of subsection (c) of Section
41A-16.2. The Office of the Secretary of the State shall
5determine the 5 most common non-English languages in this
6State by referring to the best available data from the United
7States Census Bureau or other sources that the Office of the
8Secretary 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
12maintain a portal for automatic government agency voter
13registration that permits an eligible person to electronically
14apply to register to vote or to update his or her existing
15voter registration as provided in Section 1A-16.1 or Section
161A-16.2. The portal shall interface with the online voter
17registration system established in Section 1A-16.5 of this
18Code and shall be capable of receiving and processing voter
19registration application information, including electronic
20signatures, from the Office of the Secretary of State and each
21designated automatic voter registration agency, as defined in
22Section 1A-16.2. The State Board of Elections may
23cross-reference voter registration information from any
24designated automatic voter registration agency, as defined
25under Section 1A-16.2 of this Code, with information contained

 

 

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1in the database of the Secretary of State as provided under
2subsection (c) of Section 1A-16.5 of this Code. The State
3Board of Elections shall modify the online voter registration
4system as necessary to implement this Section.
5    (b) Voter registration data received from the Office of
6the Secretary of State or a designated automatic voter
7registration agency through the online registration
8application system shall be processed as provided in Section
91A-16.5 of this Code.
10    (c) The State Board of Elections shall establish technical
11specifications applicable to each automatic government
12registration program, including data format and transmission
13specifications. The Office of the Secretary of State and each
14designated automatic voter registration agency shall maintain
15a data transfer mechanism capable of transmitting voter
16registration application information, including electronic
17signatures where available, to the online voter registration
18system established in Section 1A-16.5 of this Code.
19    (d) The State Board of Elections shall, by rule, establish
20criteria and procedures for determining whether an agency of
21the State or federal government seeking to become a designated
22automatic voter registration agency in the course of receiving
23applications and other forms regarding licenses, permits,
24programs, and services offered by the agency, receives
25documentation that an applicant is a United States citizen, as
26described in subsection (g) of Section 1A-16.1 has access to

 

 

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1reliable personal information, as defined under this
2subsection (d) and subsection (f) of Section 1A-16.2 of this
3Code, and otherwise meets the requirements to enter into an
4interagency contract and to operate as a designated automatic
5voter registration agency. The State Board of Elections shall
6approve each interagency contract upon affirmative vote of a
7majority of its members.
8    As used in this subsection (d), "reliable personal
9information" means information about individuals obtained from
10government sources that may be used to verify whether an
11individual is eligible to register to vote.
12    (e) Whenever an applicant's data is transferred from the
13Office of the Secretary of State or a designated automatic
14voter registration agency, the agency must transmit a
15signature image if available. If no signature image was
16provided by the agency and , or if no signature image is
17available in the Office of the Secretary of State's database
18or the statewide voter registration database, or other
19database available to the State Board of Elections, the
20applicant must be notified that voter his or her registration
21will remain in a pending status until the applicant: , and the
22applicant 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; .

 

 

SB0496 Engrossed- 36 -LRB103 02947 AWJ 47953 b

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
11transferred by the Office of the Secretary of State or a
12designated automatic voter registration agency, the State
13Board of Elections shall check the information against the
14statewide voter registration database. The State Board of
15Elections shall create and electronically transmit to the
16appropriate election authority a voter registration
17application for any individual who is not registered to vote
18in Illinois and is not disqualified as provided in this
19Section or whose information reliably indicates a more recent
20update to the name or address of a person already included in
21the statewide voter database. The election authority shall
22process the application accordingly. If the individual
23provides the Office of the Secretary of State or a designated
24automatic voter registration agency with an address designated
25by the Attorney General as a substitute mailing address under
26Section 15 of the Address Confidentiality for Victims of

 

 

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1Domestic Violence, Sexual Assault, Human Trafficking, or
2Stalking Act or if the State Board of Elections otherwise
3determines that the individual is a program participant under
4Section 10 of the Address Confidentiality for Victims of
5Domestic Violence, Sexual Assault, Human Trafficking, or
6Stalking Act, the State Board of Elections shall not create or
7electronically transmit to an election authority a voter
8registration the application for the individual. The State
9Board of Elections may provide alternative voter registration
10procedures for the individuals described in this subsection.
11    (g) The appropriate election authority shall ensure that
12any applicant about whom it receives information from the
13State Board of Elections under subsection (f) who is
14registered to vote or whose existing voter registration is
15updated under this Section is promptly sent written notice of
16the change. The notice required by this subsection (g) may be
17sent or combined with other notices required or permitted by
18law, including, but not limited to, any notices sent pursuant
19to Section 1A-16.5 of this Code. Any notice required by this
20subsection (g) shall contain, at a minimum: (i) the
21applicant's name and residential address as reflected on the
22voter registration list; (ii) a statement notifying the
23applicant to contact the appropriate election authority if his
24or her voter registration has been updated in error; (iii) the
25qualifications to register to vote in Illinois; (iv) a
26statement notifying the applicant that he or she may opt out of

 

 

SB0496 Engrossed- 38 -LRB103 02947 AWJ 47953 b

1voter registration or request a change to his or her
2registration information at any time by contacting an election
3official; and (iii) (v) contact information for the
4appropriate election authority, including a phone number,
5address, electronic mail address, and website address.
6    For an applicant under subsection (b) of Section 1A-16.1
7or subsection (b) of Section 1A-16.2 who is not currently
8registered to vote in Illinois, the notice shall be sent
9within 5 business days after the transmission of the voter
10registration application to the election authority and shall
11contain:
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
25or subsections (b) of Section 1A-16.2 who is currently
26registered to vote in Illinois and whose application contains

 

 

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1a change in the applicant's registered residence address or
2name, the notice shall be sent within 5 business days after the
3transmission of the voter registration application to the
4election 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
18minimum, be provided in languages for which there is coverage
19for the jurisdiction of the election authority under Section
20203 of the federal Voting Rights Act, as identified by the
21United States Census Bureau in the Federal Register. Any
22notice required by this subsection must also comply with all
23applicable, federal, State, and local laws, regulations, and
24ordinances that relate to providing language access to
25individuals with limited English proficiency. If the State
26Board of Elections has received language preference

 

 

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1information regarding the applicant and has transmitted that
2information to the appropriate election authority, the
3appropriate election authority shall take all practicable
4measures to send the notice to the applicant in the
5applicant's preferred language.
6    (g-5) If an applicant under subsection (b) of Section
71A-16.1 or subsection (b) of Section 1A-16.2 returns the
8notice described in subsection (g) declining to be registered
9within 23 days after the mailing of the notice, the applicant
10shall not be registered to vote and the applicant shall be
11deemed not to have attempted to register to vote. If an
12applicant under subsection (b) of Section 1A-16.1 or
13subsection (b) of Section 1A-16.2 returns the notice described
14in subsection (g) declining or correcting the update within 23
15days after the mailing of the notice, the applicant's update
16shall be declined or corrected in the statewide voter
17registration database. If an applicant returns the notice
18described in subsection (g) but does not do so within 23 days
19after the mailing of the notice, then the applicant shall be
20registered to vote under the name and address contained in the
21dual-purpose application. If an applicant returns the notice
22described in subsection (g) declining to be registered or
23declining or correcting the update more than 23 days after the
24mailing of the notice, then the notice shall be processed as a
25request to cancel or update the applicant's registration.
26During the 23-day period specified in this subsection, an

 

 

SB0496 Engrossed- 41 -LRB103 02947 AWJ 47953 b

1applicant's voter registration or updated voter registration
2shall be in a pending status.
3    (g-6) If an applicant under subsection (b) of Section
41A-16.1 or subsection (b) of Section 1A-16.2 returns the
5notice indicating a language preference, the language
6preference shall be retained as part of the person's
7registration information.
8    (h) The appropriate election authority shall ensure that
9any applicant whose voter registration application is not
10accepted or deemed incomplete is promptly sent written notice
11of the application's status. The notice required by this
12subsection may be sent or combined with other notices required
13or permitted by law, including, but not limited to, any
14notices sent pursuant to Section 1A-16.5 of this Code. Any
15notice required by this subsection (h) shall contain, at a
16minimum, the reason the application was not accepted or deemed
17incomplete and contact information for the appropriate
18election authority, including a phone number, address,
19electronic mail address, and website address.
20    (i) If the Office of the Secretary of State or a designated
21automatic voter registration agency transfers information, or
22if the State Board of Elections creates and transmits a voter
23registration application, for a person who does not qualify as
24an eligible voter, then it shall not constitute a completed
25voter registration form, and the person shall not be
26considered to have registered to vote.

 

 

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1    (j) If the registration is processed by any election
2authority, then it shall be presumed to have been effected and
3officially authorized by the State, and that person shall not
4be found on that basis to have made a false claim to
5citizenship or to have committed an act of moral turpitude,
6nor shall that person be subject to penalty under any relevant
7laws, including, but not limited to, Sections 29-10 and 29-19
8of this Code. This subsection (j) does not apply to a person
9who knows that he or she is not entitled to register to vote
10and who willfully votes, registers to vote, or attests under
11penalty of perjury that he or she is eligible to register to
12vote or willfully attempts to vote or to register to vote.
13    (k) The State Board of Elections, the Office of the
14Secretary of State, and each designated automatic voter
15registration agency shall implement policies and procedures to
16protect the privacy and security of voter information as it is
17acquired, stored, and transmitted among agencies, including
18policies for the retention and preservation of voter
19information. Information designated as confidential under this
20Section may be recorded and shared among the State Board of
21Elections, election authorities, the Office of the Secretary
22of State, and designated automatic voter registration
23agencies, but shall be used only for voter registration
24purposes, shall not be disclosed to the public except in the
25aggregate as required by subsection (m) of this Section, and
26shall not be subject to the Freedom of Information Act. The

 

 

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1following 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
20State Board of Elections is required to share with the
21Electronic Registration Information Center.
22    (l) The voter registration procedures implemented under
23this Section shall comport with the federal National Voter
24Registration Act of 1993, as amended, and shall specifically
25require that the State Board of Elections track registration
26data received through the online registration system that

 

 

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1originated from a designated automatic voter registration
2agency for the purposes of maintaining statistics.
3    Nothing in this Code shall require designated voter
4registration agencies to transmit information that is
5confidential client information under State or federal law
6without the consent of the applicant.
7    (m) The State Board of Elections, each election authority
8that maintains a website, the Office of the Secretary of
9State, and each designated automatic voter registration agency
10that maintains a website shall provide information on their
11websites informing the public about the new registration
12procedures described in this Section. The Office of the
13Secretary of State and each designated automatic voter
14registration agency shall display signage or provide
15literature for the public containing information about the new
16registration procedures described in this Section.
17    (n) No later than 6 months after the effective date of this
18amendatory Act of the 100th General Assembly, the State Board
19of Elections shall hold at least one public hearing on
20implementing this amendatory Act of the 100th General Assembly
21at which the public may provide input.
22    (o) The State Board of Elections shall submit an annual
23public report to the General Assembly and the Governor
24detailing the progress made to implement this Section. The
25report shall include all of the following: the number of
26records transferred under this Section by agency, the number

 

 

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1of voters newly added to the statewide voter registration list
2because of records transferred under this Section by agency,
3the number of updated registrations under this Section by
4agency, the number of persons who opted out of voter
5registration, and the number of voters who submitted voter
6registration forms using the online procedure described in
7Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
8may include less detail if election authorities are not
9equipped to provide complete information to the State Board of
10Elections. Any report produced under this subsection (o) shall
11exclude any information that identifies any individual
12personally.
13    (p) The State Board of Elections, in consultation with
14election authorities, the Office of the Secretary of State,
15designated automatic voter registration agencies, and
16community organizations, shall adopt rules as necessary to
17implement the provisions of this Section.
18    (q) The changes made to this Section by this amendatory
19Act of the 103rd General Assembly shall be implemented no
20later 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
24upon information from the National Change of Address database
25and designated automatic voter registration agencies.

 

 

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1    (a) The State Board of Elections shall cross-reference the
2statewide voter registration database against the United
3States Postal Service's National Change of Address database
4twice each calendar year, April 15 and October 1 in
5odd-numbered years and April 15 and December 1 in
6even-numbered years or with the same frequency as in
7subsection (b) of this Section, and shall share the findings
8with the election authorities.
9    (b) In addition, beginning no later than September 1,
102017, the State Board of Elections shall utilize data provided
11as part of its membership in the Electronic Registration
12Information Center in order to cross-reference the statewide
13voter registration database against databases of relevant
14personal information kept by designated automatic voter
15registration agencies, including, but not limited to, driver's
16license information kept by the Secretary of State, at least 6
17times each calendar year and shall share the findings with
18election authorities.
19    This subsection (b) shall no longer apply once Sections
201A-16.1 and 1A-16.2 of this Code are fully implemented as
21determined by the State Board of Elections. Upon a
22determination by the State Board of Elections of full
23implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
24the State Board of Elections shall file notice of full
25implementation and the inapplicability of this subsection (b)
26with the Index Department of the Office of the Secretary of

 

 

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1State, the Governor, the General Assembly, and the Legislative
2Reference Bureau.
3    (b-5) The State Board of Elections shall not be required
4to share any data on any voter attained using the National
5Change of Address database under subsection (a) of this
6Section if that voter has a more recent government transaction
7indicated using the cross-reference under subsection (b) of
8this Section. If there is contradictory or unclear data
9between data obtained under subsections (a) and (b) of this
10Section, then data obtained under subsection (b) of this
11Section shall take priority.
12    (c) An election authority shall automatically register any
13voter who has moved into its jurisdiction from another
14jurisdiction in Illinois or has moved within its jurisdiction
15provided 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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1inter-jurisdictional or intra-jurisdictional workflows as if
2the voter completed a new registration card, including the
3cancellation of the voter's previous registration. Should the
4registration of a voter be changed from one address to another
5within the State and should the voter appear at the polls and
6offer to vote from the prior registration address, attesting
7that the prior registration address is the true current
8address, the voter, if confirmed by the election authority as
9having been registered at the prior registration address and
10canceled only by the process authorized by this Section, shall
11be issued a regular ballot, and the change of registration
12address shall be canceled. If the election authority is unable
13to immediately confirm the registration, the voter shall be
14permitted to register and vote a regular ballot, provided that
15he or she meets the documentary requirements for same-day
16registration. If the election authority is unable to confirm
17the registration and the voter does not meet the requirements
18for same-day registration, the voter shall be issued a
19provisional ballot.
20    (c-5) An agency that does not receive documentation that
21an applicant is a United States citizen, as described in
22subsection (g) of Section 1A-16.1, may enter into an agreement
23with the State Board of Elections to transmit information that
24shall serve only to update an applicant's existing voter
25registration record. Under the agreement, the agency shall
26transmit information on all clients who may be registered to

 

 

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1vote with a clear indication that the information shall be
2used only for updates. The State Board of Elections shall
3determine which applicants are already registered to vote and,
4for any voter whose information provided to the agency differs
5from that on the voter registration record, provide that
6information to the voter's local election authority who shall
7update a registered voter's records in accordance with the
8procedures described in Section 1A-16.7. The State Board of
9Election and local election authority shall take no action
10under this subsection for any applicant not already registered
11to vote.
12    This subsection shall be implemented no later than January
131, 2026.
14    (d) No voter shall be disqualified from voting due to an
15error relating to an update of registration under this
16Section.
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
19changing 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
23State capital and in such other places in the State as he may
24deem necessary to properly carry out the powers and duties

 

 

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1vested in him.
2    (b) The Secretary of State may construct and equip one or
3more buildings in the State of Illinois outside of the County
4of Sangamon as he deems necessary to properly carry out the
5powers and duties vested in him. The Secretary of State may, on
6behalf of the State of Illinois, acquire public or private
7property needed therefor by lease, purchase or eminent domain.
8The care, custody and control of such sites and buildings
9constructed thereon shall be vested in the Secretary of State.
10Expenditures for the construction and equipping of any of such
11buildings upon premises owned by another public entity shall
12not be subject to the provisions of any State law requiring
13that the State be vested with absolute fee title to the
14premises. The exercise of the authority vested in the
15Secretary of State by this Section is subject to the
16appropriation of the necessary funds.
17    (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
18the Election Code, the Secretary of State shall make driver
19services facilities available for use as places of accepting
20applications for voter registration.
21    (d) (Blank).
22    (e) Each applicant person applying at a driver services
23facility for a driver's license or permit, a corrected
24driver's license or permit, an Illinois Identification Card
25identification card or a corrected Illinois Identification
26Card who has presented documentation establishing United

 

 

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1States citizenship as set forth in subsection (g) of Section
21A-16.1 of the Election Code identification card shall be
3notified, under the procedures set forth in Sections 1A-16.1
4and 1A-16.7 of the Election Code, that the applicant's unless
5he or she affirmatively declines, his or her personal
6information shall be transferred to the State Board of
7Elections for the purpose of creating an electronic voter
8registration application. Each applicant applying at a driver
9services facility for a driver's license or permit, a
10corrected driver's license or permit or a State identification
11card or a corrected Illinois Identification Card who presented
12documentation that neither establishes that the applicant is a
13United States citizen nor establishes that the applicant is
14not a United States citizen, but who affirmatively indicated
15they wished to apply to register to vote and attested, in
16writing, to United States citizenship, shall be notified,
17under the procedures set forth in Sections 1A-16.1 and 1A-16.7
18of the Election Code that the applicant's personal information
19will be transmitted to the State Board of Elections for the
20purpose of creating an electronic voter registration
21application. Such notification may be made in writing or
22verbally issued by an employee or the Secretary of State.
23    The Secretary of State shall promulgate such rules as may
24be necessary for the efficient execution of his duties and the
25duties of his employees under this Section.
26    (f) Any person applying at a driver services facility for

 

 

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1issuance or renewal of a driver's license or Illinois
2Identification Card shall be provided, without charge, with a
3brochure warning the person of the dangers of financial
4identity theft. The Department of Financial and Professional
5Regulation shall prepare these brochures and provide them to
6the Secretary of State for distribution. The brochures shall
7(i) identify signs warning the reader that he or she might be
8an intended victim of the crime of financial identity theft,
9(ii) instruct the reader in how to proceed if the reader
10believes that he or she is the victim of the crime of identity
11theft, and (iii) provide the reader with names and telephone
12numbers of law enforcement and other governmental agencies
13that provide assistance to victims of financial identity
14theft.
15    (g) (Blank). The changes made by this amendatory Act of
16the 100th General Assembly shall be implemented no later than
17July 1, 2018.
18    (h) The changes made to this Section by this amendatory
19Act of the 103rd General Assembly shall be implemented no
20later 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
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

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1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.