Sen. Ram Villivalam
Filed: 5/21/2024
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1 | AMENDMENT TO SENATE BILL 496 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 496 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
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 |
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1 | renewal, or a change of address form, or a recertification | ||||||
2 | form for a driver's license , other than a temporary visitor's | ||||||
3 | driver's license, or a State identification card issued by the | ||||||
4 | Office of the Secretary of State , an applicant presents | ||||||
5 | documentation that establishes that the applicant is a United | ||||||
6 | States citizen, as described in subsection (g), and is of age | ||||||
7 | to register to vote or if the information provided to the | ||||||
8 | Office of the Secretary of State under subsection (c) | ||||||
9 | indicates that the applicant is currently registered to vote | ||||||
10 | in Illinois and, upon reviewing the documents and information | ||||||
11 | submitted by the applicant, the Office of the Secretary of | ||||||
12 | State determines that the name or residence address | ||||||
13 | documentation submitted by the applicant differs from the | ||||||
14 | information regarding the applicant provided under subsection | ||||||
15 | (c) meets the requirements of the federal REAL ID Act of 2005 , | ||||||
16 | then that application shall serve as a dual-purpose | ||||||
17 | application , unless the applicant declines in accordance with | ||||||
18 | subsection (g) of Section 1A-16.7 . The dual-purpose | ||||||
19 | application shall: | ||||||
20 | (1) also serve as an application to register to vote | ||||||
21 | in Illinois; | ||||||
22 | (2) allow an applicant to change the applicant's his | ||||||
23 | or her registered residence address or name as it appears | ||||||
24 | on the voter registration rolls; | ||||||
25 | (3) in a single affirmation, including the affirmation | ||||||
26 | required for a driver's license or State identification |
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1 | card, allow the applicant to affirm, under penalty of | ||||||
2 | perjury, to the truth and correctness of the information | ||||||
3 | submitted in the dual-purpose application that is | ||||||
4 | necessary to assess the applicant's eligibility to | ||||||
5 | register to vote or to change the applicant's registered | ||||||
6 | residence address or name as it appears on the voter | ||||||
7 | registration rolls provide the applicant with an | ||||||
8 | opportunity to affirmatively decline to register to vote | ||||||
9 | or to change his or her registered residence address or | ||||||
10 | name by providing a check box on the application form | ||||||
11 | without requiring the applicant to state the reason ; and | ||||||
12 | (4) allow the applicant to notify the Office of the | ||||||
13 | Secretary of State of the applicant's preferred language | ||||||
14 | unless the applicant declines to register to vote or | ||||||
15 | change his or her registered residence address or name, | ||||||
16 | require the applicant to attest, by signature under | ||||||
17 | penalty of perjury as described in subsection (e) of this | ||||||
18 | Section, to meeting the qualifications to register to vote | ||||||
19 | in Illinois at his or her residence address as indicated | ||||||
20 | on his or her driver's license or identification card | ||||||
21 | dual-purpose application . | ||||||
22 | The Office of the Secretary of State shall record the type | ||||||
23 | of documents presented by the applicant that establishes the | ||||||
24 | applicant is a United States citizen as described in | ||||||
25 | subsection (g) and shall enter United States citizenship in a | ||||||
26 | designated field. Based on the entry of United States |
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1 | citizenship in the designated field, the Office of the | ||||||
2 | Secretary of State shall initiate a dual-purpose application | ||||||
3 | through an automated process that is not subject to the | ||||||
4 | discretion of individual employees of the Office of the | ||||||
5 | Secretary of State. | ||||||
6 | (b-5) If , as part of an application, an application for | ||||||
7 | renewal, or a change of address form, or a recertification | ||||||
8 | form for a driver's license , other than a temporary visitor's | ||||||
9 | driver's license, or a State identification card issued by the | ||||||
10 | Office of the Secretary of State , other than an application or | ||||||
11 | form that pertains to a standard driver's license or | ||||||
12 | identification card for an applicant who does not have and is | ||||||
13 | not eligible for a social security number, an applicant | ||||||
14 | presents documentation that neither establishes that the | ||||||
15 | applicant is a United States citizen nor establishes that the | ||||||
16 | applicant is not a United States citizen and the information | ||||||
17 | provided to the Office of the Secretary of State under | ||||||
18 | subsection (c) does not indicate that the applicant is | ||||||
19 | currently registered to vote in Illinois does not meet the | ||||||
20 | requirements of the federal REAL ID Act of 2005 , then that | ||||||
21 | application shall serve as a dual-purpose application . The | ||||||
22 | dual-purpose application that, shall: (1) also serve as an | ||||||
23 | application to register to vote in Illinois; (2) allow an | ||||||
24 | applicant to change his or her registered residence address or | ||||||
25 | name as it appears on the voter registration rolls; and (3) if | ||||||
26 | the applicant chooses to register to vote , shall also serve as |
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1 | an application to register to vote in Illinois. If the | ||||||
2 | applicant chooses to register to vote, the applicant shall be | ||||||
3 | required or to change his or her registered residence address | ||||||
4 | or name, then require the applicant to attest, by a separate | ||||||
5 | signature under penalty of perjury, to meeting the | ||||||
6 | qualifications to register to vote in Illinois at the | ||||||
7 | applicant's his or her residence address as indicated on the | ||||||
8 | his or her dual-purpose application. The dual-purpose | ||||||
9 | application shall allow the applicant to notify the Office of | ||||||
10 | the Secretary of State of the applicant's preferred language. | ||||||
11 | (b-8) If an applicant presents to the Secretary of State | ||||||
12 | documentation that establishes the applicant is not a United | ||||||
13 | States citizen, no application submitted by that applicant | ||||||
14 | shall serve as a dual-purpose application under this Section. | ||||||
15 | (b-10) Before asking any applicant described in subsection | ||||||
16 | (b) to provide the written affirmation described in that | ||||||
17 | subsection, the The Office of the Secretary of State shall | ||||||
18 | clearly and conspicuously inform each applicant in writing: | ||||||
19 | (i) of the qualifications to register to vote in Illinois ; , | ||||||
20 | (ii) of the penalties provided by law for submission of a false | ||||||
21 | voter registration application, including the | ||||||
22 | immigration-related consequences of incorrectly claiming | ||||||
23 | United States citizenship and of the applicant's opportunity | ||||||
24 | not to proceed in order to avoid the penalties; and (iii) that | ||||||
25 | the , unless the applicant declines to register to vote or | ||||||
26 | update his or her voter registration, his or her dual-purpose |
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1 | application shall also serve as both an application to | ||||||
2 | register to vote and his or her attestation that he or she | ||||||
3 | meets the eligibility requirements for voter registration, and | ||||||
4 | that the his or her application to register to vote or update | ||||||
5 | voter his or her registration will be transmitted to the State | ||||||
6 | Board of Elections for the purpose of registering the person | ||||||
7 | to vote at the residence address to be indicated on the | ||||||
8 | applicant's his or her driver's license or identification | ||||||
9 | card , and (iv) that declining to register to vote is | ||||||
10 | confidential and will not affect any services the person may | ||||||
11 | be seeking from the Office of the Secretary of State . | ||||||
12 | The Office of the Secretary of State may provide | ||||||
13 | additional instructions specific to applicants under | ||||||
14 | subsection (b). | ||||||
15 | (b-15) Before asking any applicant described in subsection | ||||||
16 | (b-5) to provide the attestation described in that subsection, | ||||||
17 | the Office of the Secretary of State shall clearly and | ||||||
18 | conspicuously inform each applicant in writing: (i) of the | ||||||
19 | qualifications to register to vote in Illinois; (ii) of the | ||||||
20 | penalties provided by law for submission of a false voter | ||||||
21 | registration application, including the immigration-related | ||||||
22 | consequences of incorrectly claiming United States citizenship | ||||||
23 | and of the applicant's opportunity to withdraw an application | ||||||
24 | to avoid the penalties; (iii) that the application shall also | ||||||
25 | serve as an application to register to vote and that the | ||||||
26 | application to register to vote or update voter registration |
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1 | will be transmitted to the State Board of Elections for the | ||||||
2 | purpose of registering the person to vote at the residence | ||||||
3 | address to be indicated on the applicant's driver's license or | ||||||
4 | identification card, unless the applicant withdraws the | ||||||
5 | application or declines to register to vote or update the | ||||||
6 | applicant's voter registration; and (iv) that declining to | ||||||
7 | register to vote or withdrawing a voter application is | ||||||
8 | confidential and will not affect any services the person may | ||||||
9 | be seeking from the Office of the Secretary of State. The | ||||||
10 | Office of the Secretary of State may provide additional | ||||||
11 | instructions specific to applicants under subsection (b-5). | ||||||
12 | (c) The Office of the Secretary of State shall review | ||||||
13 | information provided to the Office of the Secretary of State | ||||||
14 | by the State Board of Elections to determine inform each | ||||||
15 | applicant for a driver's license or permit, other than a | ||||||
16 | temporary visitor's driver's license, or a State | ||||||
17 | identification card issued by the Office of the Secretary of | ||||||
18 | State whether each the applicant under subsections (b) and | ||||||
19 | (b-5) is currently registered to vote in Illinois and, if | ||||||
20 | registered, at what address , and shall inform each applicant | ||||||
21 | described in subsection (b-5) for a driver's license or permit | ||||||
22 | or State identification card issued by the Office of the | ||||||
23 | Secretary of State whether the applicant is currently | ||||||
24 | registered and, if registered, at what address . | ||||||
25 | (d) The Office of the Secretary of State shall not require | ||||||
26 | an applicant for a driver's license or State identification |
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1 | card to provide duplicate identification or information in | ||||||
2 | order to complete an application to register to vote or change | ||||||
3 | his or her registered residence address or name. Before | ||||||
4 | transmitting any personal information about an applicant to | ||||||
5 | the State Board of Elections, the Office of the Secretary of | ||||||
6 | State shall review its records of the identification documents | ||||||
7 | the applicant provided in order to complete the application | ||||||
8 | for a driver's license or State identification card , to | ||||||
9 | confirm that nothing in those documents indicates that the | ||||||
10 | applicant does not satisfy the qualifications to register to | ||||||
11 | vote in Illinois at his or her residence address. If the | ||||||
12 | applicant provides the Office of the Secretary of State with | ||||||
13 | an address designated by the Attorney General as a substitute | ||||||
14 | mailing address under Section 15 of the Address | ||||||
15 | Confidentiality for Victims of Domestic Violence, Sexual | ||||||
16 | Assault, Human Trafficking, or Stalking Act or is a judicial | ||||||
17 | officer of peace officer who provides the Office of the | ||||||
18 | Secretary of State with a work address instead of a residence | ||||||
19 | address, as authorized by subsection (a) of Section 6-106 of | ||||||
20 | the Illinois Vehicle Code, the applicant shall not be offered | ||||||
21 | voter registration by the Office of the Secretary of State. | ||||||
22 | (e) A completed, signed application for (i) a driver's | ||||||
23 | license or permit , other than a temporary visitor's driver's | ||||||
24 | license, or a State identification card issued by the Office | ||||||
25 | of the Secretary of State that includes the presentation of | ||||||
26 | documentation that establishes that the applicant is a United |
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1 | States citizen and is of age to register to vote or for which | ||||||
2 | the information provided to the Office of the Secretary of | ||||||
3 | State under subsection (c) indicates that the applicant is | ||||||
4 | currently registered to vote in Illinois , that meets the | ||||||
5 | requirements of the federal REAL ID Act of 2005 ; or (ii) a | ||||||
6 | completed application under subsection (b-5) of this Section | ||||||
7 | with a separate signature attesting the applicant meets the | ||||||
8 | qualifications to register to vote in Illinois at his or her | ||||||
9 | residence address as indicated on his or her application shall | ||||||
10 | constitute a signed application to register to vote in | ||||||
11 | Illinois at the residence address indicated in the application | ||||||
12 | unless the person affirmatively declined in the application to | ||||||
13 | register to vote or to change his or her registered residence | ||||||
14 | address or name . If the identification documents provided to | ||||||
15 | complete the dual-purpose application indicate that the | ||||||
16 | applicant he or she does not satisfy the qualifications to | ||||||
17 | register to vote in Illinois at the specified his or her | ||||||
18 | residence address, the application shall be marked as | ||||||
19 | incomplete. | ||||||
20 | (f) For each completed and signed application that | ||||||
21 | constitutes an application to register to vote in Illinois or | ||||||
22 | provides for a change in the applicant's registered residence | ||||||
23 | address or name, the Office of the Secretary of State shall | ||||||
24 | electronically transmit to the State Board of Elections | ||||||
25 | personal information needed to complete the person's | ||||||
26 | registration to vote in Illinois at the specified his or her |
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1 | residence address , including the applicant's choice language | ||||||
2 | preference as indicated by the applicant or as otherwise | ||||||
3 | collected by the Office of the Secretary of State during the | ||||||
4 | permitting, licensing, or identification card transaction . The | ||||||
5 | application to register to vote shall be processed in | ||||||
6 | accordance with Section 1A-16.7. | ||||||
7 | (g) Documentation that establishes that the applicant is a | ||||||
8 | United States citizen shall include: | ||||||
9 | (1) a valid, unexpired United States passport or | ||||||
10 | passport card or a United States passport or passport card | ||||||
11 | that has been expired for no more than 2 years; | ||||||
12 | (2) a certified copy of a birth certificate filed with | ||||||
13 | the Division of Vital Records or an equivalent agency in | ||||||
14 | the individual's state of birth; | ||||||
15 | (3) a Consular Report of Birth Abroad issued by the | ||||||
16 | United States Department of State, Form FS-240, DS-1350, | ||||||
17 | or FS-545; and | ||||||
18 | (4) a Certificate of Citizenship issued by the United | ||||||
19 | States Department of Homeland Security, Form N-560 or form | ||||||
20 | N-561. If the federal REAL ID Act of 2005 is repealed, | ||||||
21 | abrogated, superseded, or otherwise no longer in effect, | ||||||
22 | then the State Board of Elections shall establish criteria | ||||||
23 | for determining reliable personal information indicating | ||||||
24 | citizenship status and shall adopt rules as necessary for | ||||||
25 | the Secretary of State to continue processing dual-purpose | ||||||
26 | applications under this Section. |
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1 | (h) As used in this Section, "dual-purpose application" | ||||||
2 | means an application, an application for renewal or , a change | ||||||
3 | of address form, or a recertification form for driver's | ||||||
4 | license or permit, other than a temporary visitor's driver's | ||||||
5 | license, or a State identification card offered by the | ||||||
6 | Secretary of State that also serves as an application to | ||||||
7 | register to vote in Illinois. "Dual-purpose application" does | ||||||
8 | not mean an application under subsection (c) of Section 6-109 | ||||||
9 | of the Illinois Vehicle Code. | ||||||
10 | (i) The changes made to this Section by this amendatory | ||||||
11 | Act of the 103rd General Assembly shall be implemented no | ||||||
12 | later than January 1, 2026. | ||||||
13 | (Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.) | ||||||
14 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
15 | Sec. 1A-16.1. Automatic voter registration; Secretary of | ||||||
16 | State. | ||||||
17 | (a) The Office of the Secretary of State and the State | ||||||
18 | Board of Elections, pursuant to an interagency contract and | ||||||
19 | jointly adopted jointly-adopted rules, shall establish an | ||||||
20 | automatic voter registration program that satisfies the | ||||||
21 | requirements of this Section and other applicable law. | ||||||
22 | (b) If , as part of an application, an application for | ||||||
23 | renewal, or a change of address form, or a recertification | ||||||
24 | form for a driver's license or a State identification card | ||||||
25 | issued by the Office of the Secretary of State , an applicant |
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1 | presents documentation that establishes that the applicant is | ||||||
2 | a United States citizen, as described in subsection (g), and | ||||||
3 | is of age to register to vote or if the information provided to | ||||||
4 | the Office of the Secretary of State under subsection (c) | ||||||
5 | indicates that the applicant is currently registered to vote | ||||||
6 | in Illinois and, upon reviewing the documents and information | ||||||
7 | submitted by the applicant, the Office of the Secretary of | ||||||
8 | State determines that the name or residence address | ||||||
9 | documentation submitted by the applicant differs from the | ||||||
10 | information regarding the applicant provided under subsection | ||||||
11 | (c) meets the requirements of the federal REAL ID Act of 2005 , | ||||||
12 | then that application shall serve as a dual-purpose | ||||||
13 | application , unless the applicant declines in accordance with | ||||||
14 | subsection (g) of Section 1A-16.7 . The dual-purpose | ||||||
15 | application shall: | ||||||
16 | (1) also serve as an application to register to vote | ||||||
17 | in Illinois; | ||||||
18 | (2) allow an applicant to change the applicant's his | ||||||
19 | or her registered residence address or name as it appears | ||||||
20 | on the voter registration rolls; | ||||||
21 | (3) in a single affirmation, including the affirmation | ||||||
22 | required for a driver's license or State identification | ||||||
23 | card, allow the applicant to affirm, under penalty of | ||||||
24 | perjury, to the truth and correctness of the information | ||||||
25 | submitted in the dual-purpose application that is | ||||||
26 | necessary to assess the applicant's eligibility to |
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1 | register to vote or to change the applicant's registered | ||||||
2 | residence address or name as it appears on the voter | ||||||
3 | registration rolls provide the applicant with an | ||||||
4 | opportunity to affirmatively decline to register to vote | ||||||
5 | or to change his or her registered residence address or | ||||||
6 | name by providing a check box on the application form | ||||||
7 | without requiring the applicant to state the reason ; and | ||||||
8 | (4) allow the applicant to notify the Office of the | ||||||
9 | Secretary of State of the applicant's preferred language | ||||||
10 | unless the applicant declines to register to vote or | ||||||
11 | change his or her registered residence address or name, | ||||||
12 | require the applicant to attest, by signature under | ||||||
13 | penalty of perjury as described in subsection (e) of this | ||||||
14 | Section, to meeting the qualifications to register to vote | ||||||
15 | in Illinois at his or her residence address as indicated | ||||||
16 | on his or her driver's license or identification card | ||||||
17 | dual-purpose application . | ||||||
18 | The Office of the Secretary of State shall record the type | ||||||
19 | of documents presented by the applicant that establishes the | ||||||
20 | applicant is a United States citizen as described in | ||||||
21 | subsection (g) and shall enter United States citizenship in a | ||||||
22 | designated field. Based on the entry of United States | ||||||
23 | citizenship in the designated field, the Office of the | ||||||
24 | Secretary of State shall initiate a dual-purpose application | ||||||
25 | through an automated process that is not subject to the | ||||||
26 | discretion of individual employees of the Office of the |
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1 | Secretary of State. | ||||||
2 | (b-5) If , as part of an application, an application for | ||||||
3 | renewal, or a change of address form, or a recertification | ||||||
4 | form for a driver's license or a State identification card | ||||||
5 | issued by the Office of the Secretary of State, other than an | ||||||
6 | application or form that pertains to a standard driver's | ||||||
7 | license or identification card for an applicant who does not | ||||||
8 | have and is not eligible for and does not list a social | ||||||
9 | security number , an applicant presents documentation that | ||||||
10 | neither establishes that the applicant is a United States | ||||||
11 | citizen nor establishes that the applicant is not a United | ||||||
12 | States citizen and the information provided to the Office of | ||||||
13 | the Secretary of State under subsection (c) does not indicate | ||||||
14 | that the applicant is currently registered to vote in Illinois | ||||||
15 | for the applicant, does not meet the requirements of the | ||||||
16 | federal REAL ID Act of 2005 , then that application shall serve | ||||||
17 | as a dual-purpose application . The dual-purpose application | ||||||
18 | that, shall: (1) also serve as an application to register to | ||||||
19 | vote in Illinois; (2) allow an applicant to change his or her | ||||||
20 | registered residence address or name as it appears on the | ||||||
21 | voter registration rolls; and (3) if the applicant chooses to | ||||||
22 | register to vote , shall also serve as an application to | ||||||
23 | register to vote in Illinois. If the applicant chooses to | ||||||
24 | register to vote, the applicant shall be required or to change | ||||||
25 | his or her registered residence address or name, then require | ||||||
26 | the applicant to attest, by a separate signature under penalty |
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1 | of perjury, to meeting the qualifications to register to vote | ||||||
2 | in Illinois at the applicant's his or her residence address as | ||||||
3 | indicated on the his or her dual-purpose application. | ||||||
4 | The dual-purpose application shall allow the applicant to | ||||||
5 | notify the Office of the Secretary of State of the applicant's | ||||||
6 | preferred language. | ||||||
7 | (b-8) If an applicant presents to the Secretary of State | ||||||
8 | documentation that establishes the applicant is not a United | ||||||
9 | States citizen, no application submitted by that applicant | ||||||
10 | shall serve as a dual-purpose application under this Section. | ||||||
11 | (b-10) Before asking any applicant described in subsection | ||||||
12 | (b) to provide the written affirmation described in that | ||||||
13 | subsection, the The Office of the Secretary of State shall | ||||||
14 | clearly and conspicuously inform each applicant in writing: | ||||||
15 | (i) of the qualifications to register to vote in Illinois ; , | ||||||
16 | (ii) of the penalties provided by law for submission of a false | ||||||
17 | voter registration application , including the | ||||||
18 | immigration-related consequences of incorrectly claiming | ||||||
19 | United States citizenship and of the applicant's opportunity | ||||||
20 | not to proceed in order to avoid the penalties; and , (iii) that | ||||||
21 | the , unless the applicant declines to register to vote or | ||||||
22 | update his or her voter registration, his or her dual-purpose | ||||||
23 | application shall also serve as both an application to | ||||||
24 | register to vote and his or her attestation that he or she | ||||||
25 | meets the eligibility requirements for voter registration, and | ||||||
26 | that the his or her application to register to vote or update |
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| |||||||
1 | voter his or her registration will be transmitted to the State | ||||||
2 | Board of Elections for the purpose of registering the person | ||||||
3 | to vote at the residence address to be indicated on the | ||||||
4 | applicant's his or her driver's license or identification | ||||||
5 | card , and (iv) that declining to register to vote is | ||||||
6 | confidential and will not affect any services the person may | ||||||
7 | be seeking from the Office of the Secretary of State . The | ||||||
8 | Office of the Secretary of State may provide additional | ||||||
9 | instructions specific to applicants under subsection (b). | ||||||
10 | (b-15) Before asking any applicant described in subsection | ||||||
11 | (b-5) to provide the attestation described in that subsection, | ||||||
12 | the Office of the Secretary of State shall clearly and | ||||||
13 | conspicuously inform each applicant in writing: (i) of the | ||||||
14 | qualifications to register to vote in Illinois; (ii) of the | ||||||
15 | penalties provided by law for submission of a false voter | ||||||
16 | registration application, including the immigration-related | ||||||
17 | consequences of incorrectly claiming United States citizenship | ||||||
18 | and of the applicant's opportunity to withdraw an application | ||||||
19 | to avoid the penalties; (iii) that the application shall also | ||||||
20 | serve as an application to register to vote and that the | ||||||
21 | application to register to vote or update voter registration | ||||||
22 | will be transmitted to the State Board of Elections for the | ||||||
23 | purpose of registering the person to vote at the residence | ||||||
24 | address to be indicated on the applicant's driver's license or | ||||||
25 | identification card, unless the applicant withdraws the | ||||||
26 | application or declines to register to vote or update the |
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| |||||||
1 | applicant's voter registration; and (iv) that declining to | ||||||
2 | register to vote or withdrawing a voter application is | ||||||
3 | confidential and will not affect any services the person may | ||||||
4 | be seeking from the Office of the Secretary of State. The | ||||||
5 | Office of the Secretary of State may provide additional | ||||||
6 | instructions specific to applicants under subsection (b-5). | ||||||
7 | (c) The Office of the Secretary of State shall review | ||||||
8 | information provided to the Office of the Secretary of State | ||||||
9 | by the State Board of Elections to determine whether each | ||||||
10 | inform each applicant for a driver's license or permit or a | ||||||
11 | State identification card issued by the Office of the | ||||||
12 | Secretary of State, other than an application or form that | ||||||
13 | pertains to a standard driver's license or identification card | ||||||
14 | and does not list a social security number for the applicant, | ||||||
15 | whether the applicant under subsections (b) and (b-5) is | ||||||
16 | currently registered to vote in Illinois and, if registered, | ||||||
17 | at what address , and shall inform each applicant described in | ||||||
18 | subsection (b-5) for a driver's license or permit or State | ||||||
19 | identification card issued by the Office of the Secretary of | ||||||
20 | State whether the applicant is currently registered and, if | ||||||
21 | registered, at what address . | ||||||
22 | (d) The Office of the Secretary of State shall not require | ||||||
23 | an applicant for a driver's license or State identification | ||||||
24 | card to provide duplicate identification or information in | ||||||
25 | order to complete an application to register to vote or change | ||||||
26 | his or her registered residence address or name. Before |
| |||||||
| |||||||
1 | transmitting any personal information about an applicant to | ||||||
2 | the State Board of Elections, the Office of the Secretary of | ||||||
3 | State shall review its records of the identification documents | ||||||
4 | the applicant provided in order to complete the application | ||||||
5 | for a driver's license or State identification card , to | ||||||
6 | confirm that nothing in those documents indicates that the | ||||||
7 | applicant does not satisfy the qualifications to register to | ||||||
8 | vote in Illinois at his or her residence address. If the | ||||||
9 | applicant provides the Office of the Secretary of State with | ||||||
10 | an address designated by the Attorney General as a substitute | ||||||
11 | mailing address under Section 15 of the Address | ||||||
12 | Confidentiality for Victims of Domestic Violence, Sexual | ||||||
13 | Assault, Human Trafficking, or Stalking Act or is a judicial | ||||||
14 | officer of peace officer who provides the Office of the | ||||||
15 | Secretary of State with a work address instead of a residence | ||||||
16 | address, as authorized by subsection (a) of Section 6-106 of | ||||||
17 | the Illinois Vehicle Code, the applicant shall not be offered | ||||||
18 | voter registration by the Office of the Secretary of State. | ||||||
19 | (e) A completed, signed application for (i) a driver's | ||||||
20 | license or permit or a State identification card issued by the | ||||||
21 | Office of the Secretary of State that includes the | ||||||
22 | presentation of documentation that establishes that the | ||||||
23 | applicant is a United States citizen and is of age to register | ||||||
24 | to vote or for which the information provided to the Office of | ||||||
25 | the Secretary of State under subsection (c) indicates that the | ||||||
26 | applicant is currently registered to vote in Illinois , that |
| |||||||
| |||||||
1 | meets the requirements of the federal REAL ID Act of 2005 ; or | ||||||
2 | (ii) a completed application under subsection (b-5) of this | ||||||
3 | Section with a separate signature attesting the applicant | ||||||
4 | meets the qualifications to register to vote in Illinois at | ||||||
5 | his or her residence address as indicated on his or her | ||||||
6 | application shall constitute a signed application to register | ||||||
7 | to 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 | indicate that the applicant he or she does not satisfy the | ||||||
13 | qualifications to register to vote in Illinois at the | ||||||
14 | specified his or her residence address, the application shall | ||||||
15 | be marked as incomplete. | ||||||
16 | (f) For each completed and signed application that | ||||||
17 | constitutes an application to register to vote in Illinois or | ||||||
18 | provides for a change in the applicant's registered residence | ||||||
19 | address or name, the Office of the Secretary of State shall | ||||||
20 | electronically transmit to the State Board of Elections | ||||||
21 | personal information needed to complete the person's | ||||||
22 | registration to vote in Illinois at the specified his or her | ||||||
23 | residence address , including the applicant's choice language | ||||||
24 | preference as indicated by the applicant or as otherwise | ||||||
25 | collected by the Office of the Secretary of State during the | ||||||
26 | permitting, licensing, or identification card transaction . The |
| |||||||
| |||||||
1 | application to register to vote shall be processed in | ||||||
2 | accordance with Section 1A-16.7. | ||||||
3 | (g) Documentation that establishes that the applicant is a | ||||||
4 | United States citizen shall include: | ||||||
5 | (1) a valid, unexpired United States passport or | ||||||
6 | passport card or a United States passport or passport card | ||||||
7 | that has been expired for no more than 2 years; | ||||||
8 | (2) a certified copy of a birth certificate filed with | ||||||
9 | the Division of Vital Records or an equivalent agency in | ||||||
10 | the individual's state of birth; | ||||||
11 | (3) a Consular Report of Birth Abroad issued by the | ||||||
12 | United States Department of State, Form FS-240, DS-1350, | ||||||
13 | or FS-545; and | ||||||
14 | (4) a Certificate of Citizenship issued by the United | ||||||
15 | States Department of Homeland Security, Form N-560 or form | ||||||
16 | N-561. If the federal REAL ID Act of 2005 is repealed, | ||||||
17 | abrogated, superseded, or otherwise no longer in effect, | ||||||
18 | then the State Board of Elections shall establish criteria | ||||||
19 | for determining reliable personal information indicating | ||||||
20 | citizenship status and shall adopt rules as necessary for | ||||||
21 | the Secretary of State to continue processing dual-purpose | ||||||
22 | applications under this Section. | ||||||
23 | (h) As used in this Section, "dual-purpose application" | ||||||
24 | means an application, an application for renewal or , a change | ||||||
25 | of address form, or a recertification form for driver's | ||||||
26 | license or permit or a State identification card offered by |
| |||||||
| |||||||
1 | the Secretary of State, other than an application or form that | ||||||
2 | pertains to a standard driver's license or identification card | ||||||
3 | for an applicant who does not have and is not eligible for, a | ||||||
4 | social security number and does not list a social security | ||||||
5 | number for the applicant , that also serves as an application | ||||||
6 | to register to vote in Illinois. "Dual-purpose application" | ||||||
7 | does not mean an application under subsection (c) of Section | ||||||
8 | 6-109 of the Illinois Vehicle Code. | ||||||
9 | (i) The changes made to this Section by this amendatory | ||||||
10 | Act of the 103rd General Assembly shall be implemented no | ||||||
11 | later than January 1, 2026. | ||||||
12 | (Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.) | ||||||
13 | (10 ILCS 5/1A-16.2) | ||||||
14 | Sec. 1A-16.2. Automatic voter registration; designated | ||||||
15 | automatic voter registration agencies. | ||||||
16 | (a) Each designated automatic voter registration agency | ||||||
17 | shall, pursuant to an interagency contract and jointly adopted | ||||||
18 | jointly-adopted rules with the State Board of Elections, agree | ||||||
19 | to participate in an automatic voter registration program | ||||||
20 | established by the State Board of Elections that satisfies the | ||||||
21 | requirements of this Section and other applicable law. If the | ||||||
22 | designated automatic voter registration agency provides | ||||||
23 | applications, applications for renewal, change of address | ||||||
24 | forms, filing, or recertification forms to individuals for | ||||||
25 | services offered by another agency, then the State Board of |
| |||||||
| |||||||
1 | Elections and the designated automatic voter agency shall | ||||||
2 | consult with the other agency. The State Board of Elections | ||||||
3 | shall consider the current technological capabilities of the | ||||||
4 | designated voter registration agency when drafting interagency | ||||||
5 | contracts and jointly adopted jointly-adopted rules. The State | ||||||
6 | Board of Elections and the designated automatic voter | ||||||
7 | registration agency shall amend these contracts and rules as | ||||||
8 | the technological capabilities of the designated voter | ||||||
9 | registration agencies improve. | ||||||
10 | (b) As provided in subsection (a) of this Section, when | ||||||
11 | each designated automatic voter registration agency provides | ||||||
12 | that collects or cross-references reliable personal | ||||||
13 | information indicating citizenship status may provide that an | ||||||
14 | application or form for a license, permit, program, or service | ||||||
15 | described in subsection (a) that, as part of the application | ||||||
16 | or form, the applicant presents documentation that establishes | ||||||
17 | that the applicant is a United States citizen as described in | ||||||
18 | subsection (g) of Section 1A-16.1, the application or form | ||||||
19 | shall serve as a dual-purpose application , unless the | ||||||
20 | applicant declines in accordance with subsection (g) of | ||||||
21 | Section 1A-16.7 . The dual-purpose application shall: | ||||||
22 | (1) also serve as an application to register to vote | ||||||
23 | in Illinois; | ||||||
24 | (2) allow an applicant to change the applicant's his | ||||||
25 | or her registered residence address or name as it appears | ||||||
26 | on the voter registration rolls; |
| |||||||
| |||||||
1 | (3) in a single affirmation including the affirmation | ||||||
2 | required for the designated automatic voter registration | ||||||
3 | agency's application, allow the applicant to affirm, under | ||||||
4 | penalty of perjury, to the truth and correctness of | ||||||
5 | information submitted in the dual-purpose application that | ||||||
6 | is necessary to assess the applicant's eligibility to | ||||||
7 | register to vote or to change the applicant's registered | ||||||
8 | residence address or name as it appears on the voter | ||||||
9 | registration rolls provide the applicant with an | ||||||
10 | opportunity to affirmatively decline to register to vote | ||||||
11 | or change his or her registered residence address or name | ||||||
12 | by providing a check box on the application form without | ||||||
13 | requiring the applicant to state the reason ; and | ||||||
14 | (4) allow the applicant to notify the agency of the | ||||||
15 | applicant's preferred language unless the applicant | ||||||
16 | declines to register to vote or to change his or her | ||||||
17 | registered residence address or name, require the | ||||||
18 | applicant to attest, by signature under penalty of | ||||||
19 | perjury, to meeting the qualifications to register to vote | ||||||
20 | in Illinois at his or her residence address as indicated | ||||||
21 | on his or her dual-purpose application . | ||||||
22 | The agency shall record the type of document presented by | ||||||
23 | the applicant that establishes that the applicant is a United | ||||||
24 | States citizen as described in subsection (g) of Section | ||||||
25 | 1A-16.1. | ||||||
26 | (c) As provided in subsection (a) of this Section, when |
| |||||||
| |||||||
1 | each designated automatic voter registration agency provides | ||||||
2 | that does not collect or cross-reference records containing | ||||||
3 | reliable personal information indicating citizenship status | ||||||
4 | may provide that an application or , an application for | ||||||
5 | renewal, a change of address form, or a recertification form | ||||||
6 | for a license, permit, program, or service described in | ||||||
7 | subsection (a) that, as part of the application of form, the | ||||||
8 | applicant presents documentation that neither establishes that | ||||||
9 | the applicant is a United States citizen nor establishes that | ||||||
10 | the applicant is not a United States citizen, the application | ||||||
11 | or form shall serve as a dual-purpose application if the | ||||||
12 | applicant chooses to register to vote . The dual-purpose | ||||||
13 | application shall: | ||||||
14 | (1) also serve as an application to register to vote | ||||||
15 | in Illinois; | ||||||
16 | (2) allow an applicant to change his or her registered | ||||||
17 | residence address or name as it appears on the voter | ||||||
18 | registration rolls; and | ||||||
19 | (3) if the applicant chooses to register to vote or to | ||||||
20 | change the applicant's his or her registered residence | ||||||
21 | address or name, then require the applicant to attest, by | ||||||
22 | a separate signature under penalty of perjury, to meeting | ||||||
23 | the qualifications to register to vote in Illinois at his | ||||||
24 | or her residence address as indicated on his or her | ||||||
25 | dual-purpose application ; and . | ||||||
26 | (4) allow the applicant to notify the agency of the |
| |||||||
| |||||||
1 | applicant's preferred language. | ||||||
2 | (c-1) If an applicant presents documentation to the | ||||||
3 | designated automatic voter registration agency that | ||||||
4 | establishes that the applicant is not a United States citizen | ||||||
5 | or the applicant attests that 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 | (c-5) Before asking any applicant described in subsection | ||||||
9 | (b) of this Section to provide the affirmation described in | ||||||
10 | that subsection, the The designated automatic voter | ||||||
11 | registration agency shall clearly and conspicuously inform | ||||||
12 | each applicant in writing: (i) of the qualifications to | ||||||
13 | register to vote in Illinois ; , (ii) of the penalties provided | ||||||
14 | by law for submission of a false voter registration | ||||||
15 | application, including the immigration-related consequences of | ||||||
16 | incorrectly claiming United States citizenship and of the | ||||||
17 | applicant's opportunity not to proceed in order to avoid the | ||||||
18 | penalties; (iii) that the application shall serve as an | ||||||
19 | application to register to vote or change the applicant's | ||||||
20 | voter registration, and that the application , unless the | ||||||
21 | applicant declines to register to vote or update his or her | ||||||
22 | voter registration, his or her application shall also serve as | ||||||
23 | both an application to register to vote and his or her | ||||||
24 | attestation that he or she meets the eligibility requirements | ||||||
25 | for voter registration, and that his or her application to | ||||||
26 | register to vote or update his or her registration will be |
| |||||||
| |||||||
1 | transmitted to the State Board of Elections for the purpose of | ||||||
2 | registering the person to vote at the residence address to be | ||||||
3 | indicated on the dual-purpose application ; , (iv) that | ||||||
4 | information identifying the agency at which he or she applied | ||||||
5 | to register to vote is confidential ; , (v) that declining to | ||||||
6 | register to vote is confidential and will not affect any | ||||||
7 | services the person may be seeking from the agency, and (v) | ||||||
8 | (vi) any additional information needed in order to comply with | ||||||
9 | Section 7 of the federal National Voter Registration Act of | ||||||
10 | 1993. The designated automatic voter registration agency may | ||||||
11 | provide additional instructions specific to applicants under | ||||||
12 | subsection (b). | ||||||
13 | (c-10) Before asking any applicant described in subsection | ||||||
14 | (c) to provide the attestation described in that subsection, | ||||||
15 | the designated automatic voter registration agency shall | ||||||
16 | clearly and conspicuously inform each applicant in writing: | ||||||
17 | (i) of the qualifications to register to vote in Illinois; | ||||||
18 | (ii) of the penalties provided by law for submission of a false | ||||||
19 | voter registration application, including the | ||||||
20 | immigration-related consequences of incorrectly claiming | ||||||
21 | United States citizenship, and of the applicant's opportunity | ||||||
22 | to withdraw an application to avoid the penalties; (iii) that | ||||||
23 | the application shall also serve as an application to register | ||||||
24 | to vote or update the applicant's voter registration and that | ||||||
25 | the application to register to vote or update voter | ||||||
26 | registration will be transmitted to the State Board of |
| |||||||
| |||||||
1 | Elections for the purpose of registering the person to vote at | ||||||
2 | the residence address to be indicated on the dual-purpose | ||||||
3 | application, unless the applicant withdraws the application or | ||||||
4 | declines to register to vote or update the applicant's voter | ||||||
5 | registration; (iv) that information identifying the agency at | ||||||
6 | which the applicant applied to register to vote is | ||||||
7 | confidential; (v) that withdrawing a voter registration | ||||||
8 | application or otherwise declining to register to vote is | ||||||
9 | confidential and will not affect any services the person may | ||||||
10 | be seeking from the agency; and (vi) any additional | ||||||
11 | information needed in order to comply with Section 7 of the | ||||||
12 | federal National Voter Registration Act of 1993. The | ||||||
13 | designated automatic voter registration agency may provide | ||||||
14 | additional instructions specific to applicants under | ||||||
15 | subsection (c). | ||||||
16 | (d) The designated automatic voter registration agency | ||||||
17 | shall review information provided to the agency by the State | ||||||
18 | Board of Elections to inform each applicant covered by | ||||||
19 | subsection (c) whether the applicant is currently registered | ||||||
20 | to vote in Illinois and, if registered, at what address. | ||||||
21 | (e) The designated automatic voter registration agency | ||||||
22 | shall not require an applicant for a dual-purpose application | ||||||
23 | to provide duplicate identification or information in order to | ||||||
24 | complete an application to register to vote or change the | ||||||
25 | applicant's his or her registered residence address or name. | ||||||
26 | Before transmitting any personal information about an |
| |||||||
| |||||||
1 | applicant to the State Board of Elections, the agency shall | ||||||
2 | review its records of the identification documents the | ||||||
3 | applicant provided or that the agency cross-references in | ||||||
4 | order to complete the dual-purpose application, to confirm | ||||||
5 | that nothing in those documents indicates that the applicant | ||||||
6 | does not satisfy the qualifications to register to vote in | ||||||
7 | Illinois at the applicant's his or her residence address. A | ||||||
8 | completed and signed dual-purpose application, including a | ||||||
9 | completed application under subsection (c) of this Section | ||||||
10 | with a separate signature attesting that the applicant meets | ||||||
11 | the qualifications to register to vote in Illinois at the his | ||||||
12 | or her residence address as indicated on the his or her | ||||||
13 | application, shall constitute an application to register to | ||||||
14 | vote in Illinois at the residence address indicated in the | ||||||
15 | application unless the person affirmatively declined in the | ||||||
16 | application to register to vote or to change his or her | ||||||
17 | registered residence address or name . If the identification | ||||||
18 | documents provided to complete the dual-purpose application, | ||||||
19 | or that the agency cross-references, indicate that the | ||||||
20 | applicant he or she does not satisfy the qualifications to | ||||||
21 | register to vote in Illinois at his or her residence address, | ||||||
22 | the application shall be marked as incomplete. If the | ||||||
23 | applicant provides the designated automatic voter registration | ||||||
24 | agency with an address designated by the Attorney General as a | ||||||
25 | substitute mailing address under Section 15 of the Address | ||||||
26 | Confidentiality for Victims of Domestic Violence, Sexual |
| |||||||
| |||||||
1 | Assault, Human Trafficking, or Stalking Act, or is a judicial | ||||||
2 | officer or peace officer who provides the designated automatic | ||||||
3 | voter registration agency with a work address instead of a | ||||||
4 | residence address, the applicant shall not be offered voter | ||||||
5 | registration by the designated automatic voter registration | ||||||
6 | agency. | ||||||
7 | (f) For each completed and signed dual-purpose application | ||||||
8 | that constitutes an application to register to vote in | ||||||
9 | Illinois or provides for a change in the applicant's | ||||||
10 | registered residence address or name, the designated automatic | ||||||
11 | voter registration agency shall electronically transmit to the | ||||||
12 | State Board of Elections personal information needed to | ||||||
13 | complete the person's registration to vote in Illinois at his | ||||||
14 | or her residence address , including the applicant's language | ||||||
15 | preference as indicated by the applicant or as otherwise | ||||||
16 | collected by the designated automatic voter registration | ||||||
17 | agency in the course of receiving applications and other forms | ||||||
18 | regarding licenses, permits, programs, and services offered by | ||||||
19 | the designated automatic voter registration agency . The | ||||||
20 | application to register to vote shall be processed in | ||||||
21 | accordance with Section 1A-16.7. | ||||||
22 | (g) As used in this Section: | ||||||
23 | "Designated automatic voter registration agency" or | ||||||
24 | "agency" means the divisions of Family and Community | ||||||
25 | Services and Rehabilitation Services of the Department of | ||||||
26 | Human Services, the Department of Employment Security, the |
| |||||||
| |||||||
1 | Department of Financial and Professional Regulation, the | ||||||
2 | Department of Natural Resources, or an agency of the | ||||||
3 | local, tribal, State , or federal government that has been | ||||||
4 | determined by the State Board of Elections to have access | ||||||
5 | to reliable personal information and has entered into an | ||||||
6 | interagency contract with the State Board of Elections to | ||||||
7 | participate in the automatic voter registration program | ||||||
8 | under this Section. | ||||||
9 | "Dual-purpose application" means an application, an | ||||||
10 | application for renewal, a change of address form, or a | ||||||
11 | recertification form for a license, permit, program, or | ||||||
12 | service offered by a designated automatic voter | ||||||
13 | registration agency that also serves as an application to | ||||||
14 | register to vote in Illinois. | ||||||
15 | "Reliable personal information" means information | ||||||
16 | about individuals obtained from government sources that | ||||||
17 | may be used to verify whether an individual is eligible to | ||||||
18 | register to vote. | ||||||
19 | (h) (Blank). This Section shall be implemented no later | ||||||
20 | than July 1, 2019. | ||||||
21 | (i) If an agency under this Section receives documentation | ||||||
22 | that an applicant is a United States citizen, as described in | ||||||
23 | subsection (g) of Section 1A-16.1 for more than one person | ||||||
24 | listed on an application for a license, permit, program, or | ||||||
25 | service, each person for whom the agency receives the | ||||||
26 | documentation may be considered an applicant under this |
| |||||||
| |||||||
1 | Section and the application may serve as a dual-purpose | ||||||
2 | application for each person. | ||||||
3 | (j) 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.) | ||||||
7 | (10 ILCS 5/1A-16.3 new) | ||||||
8 | Sec. 1A-16.3. Language assistance. | ||||||
9 | (a) Every facility operated by the Driver Services | ||||||
10 | Department of the Office of the Secretary of State and all | ||||||
11 | facilities of a designated voter registration agency located | ||||||
12 | in a political subdivision covered by Section 203 of the | ||||||
13 | federal Voting Rights Act shall display and make plainly | ||||||
14 | visible signage informing applicants about the type of | ||||||
15 | language assistance available. The signage shall be in the | ||||||
16 | covered languages applicable for the political subdivision. | ||||||
17 | (b) Every facility operated by the Driver Services | ||||||
18 | Department of the Office of the Secretary of State and all | ||||||
19 | facilities of a designated voter registration agency located | ||||||
20 | in a political subdivision covered by Section 203 of the | ||||||
21 | federal Voting Rights Act shall make available, in the covered | ||||||
22 | languages, all written materials and verbal communication | ||||||
23 | regarding voter registration for the purpose of processing the | ||||||
24 | applicant's dual-purpose application described in Sections | ||||||
25 | 1A-16.1 and 1A-16.2. Every facility operated by the Driver |
| |||||||
| |||||||
1 | Services Department of the Office of the Secretary of State | ||||||
2 | and all facilities of a designated voter registration agency | ||||||
3 | shall make available, in the 5 most common non-English | ||||||
4 | languages in this State, all written materials and verbal | ||||||
5 | communications regarding voter registration for the purpose of | ||||||
6 | processing an applicant's dual-purpose application described | ||||||
7 | in Sections 1A-16.1 and 1A-16.2. These materials shall include | ||||||
8 | the notices described in subsection (b-10) of Section 1A-16.1 | ||||||
9 | and subsection (e) of Section 2-105 of the Illinois Vehicle | ||||||
10 | Code, the affirmations described in paragraph (3) of | ||||||
11 | subsection (b) of Section 1A-16.1 and paragraph (3) of | ||||||
12 | subsection (b) of Section 1A-16.2, and the attestations | ||||||
13 | described in subsection (b-5) of Section 1A-16.1 and paragraph | ||||||
14 | (3) of subsection (c) of Section 1A-16.2. | ||||||
15 | (c) In addition to the requirements under subsections (a) | ||||||
16 | and (b), the Driver Services Department of the Office of the | ||||||
17 | Secretary of State, as part of every transaction described in | ||||||
18 | subsections (b) and (b-5) of Section 1A-16.1 completed through | ||||||
19 | its website, and each designated automatic voter registration | ||||||
20 | agency, as defined in subsection (g) of Section 1A-16.2, as | ||||||
21 | part of every transaction described in subsections (b) and (c) | ||||||
22 | of Section 1A-16.2 completed through its website, shall make | ||||||
23 | available, in the covered languages required in any | ||||||
24 | jurisdiction in this State by Section 203 of the federal | ||||||
25 | Voting Rights Act and in the 5 most common non-English | ||||||
26 | languages in this State, all information and questions |
| |||||||
| |||||||
1 | provided to an applicant regarding voter registration for the | ||||||
2 | purpose of processing the applicant's dual-purpose application | ||||||
3 | as described in Sections 1A-16.1 and 1A-16.2. These materials | ||||||
4 | shall include, but not be limited to, the notices described in | ||||||
5 | subsection (b-10) of Section 1A-16.1 and subsection (e) of | ||||||
6 | Section 2-105 of the Illinois Vehicle Code, the affirmations | ||||||
7 | described in paragraph (3) of subsection (b) of Section | ||||||
8 | 1A-16.1 and paragraph (3) of subsection (b) of Section | ||||||
9 | 1A-16.2, and the attestations described in subsection (b-5) of | ||||||
10 | Section 1A-16.1 and paragraph (3) of subsection (c) of Section | ||||||
11 | 1A-16.2. The Office of the Secretary of the State shall | ||||||
12 | determine the 5 most common non-English languages in this | ||||||
13 | State by referring to the best available data from the United | ||||||
14 | States Census Bureau or other sources that the Office of the | ||||||
15 | Secretary of the State considers relevant and reliable. | ||||||
16 | (10 ILCS 5/1A-16.7) | ||||||
17 | Sec. 1A-16.7. Automatic voter registration. | ||||||
18 | (a) The State Board of Elections shall establish and | ||||||
19 | maintain a portal for automatic government agency voter | ||||||
20 | registration that permits an eligible person to electronically | ||||||
21 | apply to register to vote or to update his or her existing | ||||||
22 | voter registration as provided in Section 1A-16.1 or Section | ||||||
23 | 1A-16.2. The portal shall interface with the online voter | ||||||
24 | registration system established in Section 1A-16.5 of this | ||||||
25 | Code and shall be capable of receiving and processing voter |
| |||||||
| |||||||
1 | registration application information, including electronic | ||||||
2 | signatures, from the Office of the Secretary of State and each | ||||||
3 | designated automatic voter registration agency, as defined in | ||||||
4 | Section 1A-16.2. The State Board of Elections may | ||||||
5 | cross-reference voter registration information from any | ||||||
6 | designated automatic voter registration agency, as defined | ||||||
7 | under Section 1A-16.2 of this Code, with information contained | ||||||
8 | in the database of the Secretary of State as provided under | ||||||
9 | subsection (c) of Section 1A-16.5 of this Code. The State | ||||||
10 | Board of Elections shall modify the online voter registration | ||||||
11 | system as necessary to implement this Section. | ||||||
12 | (b) Voter registration data received from the Office of | ||||||
13 | the Secretary of State or a designated automatic voter | ||||||
14 | registration agency through the online registration | ||||||
15 | application system shall be processed as provided in Section | ||||||
16 | 1A-16.5 of this Code. | ||||||
17 | (c) The State Board of Elections shall establish technical | ||||||
18 | specifications applicable to each automatic government | ||||||
19 | registration program, including data format and transmission | ||||||
20 | specifications. The Office of the Secretary of State and each | ||||||
21 | designated automatic voter registration agency shall maintain | ||||||
22 | a data transfer mechanism capable of transmitting voter | ||||||
23 | registration application information, including electronic | ||||||
24 | signatures where available, to the online voter registration | ||||||
25 | system established in Section 1A-16.5 of this Code. | ||||||
26 | (d) The State Board of Elections shall, by rule, establish |
| |||||||
| |||||||
1 | criteria and procedures for determining whether an agency of | ||||||
2 | the State or federal government seeking to become a designated | ||||||
3 | automatic voter registration agency in the course of receiving | ||||||
4 | applications and other forms regarding licenses, permits, | ||||||
5 | programs, and services offered by the agency, receives | ||||||
6 | documentation that an applicant is a United States citizen, as | ||||||
7 | described in subsection (g) of Section 1A-16.1 has access to | ||||||
8 | reliable personal information, as defined under this | ||||||
9 | subsection (d) and subsection (f) of Section 1A-16.2 of this | ||||||
10 | Code , and otherwise meets the requirements to enter into an | ||||||
11 | interagency contract and to operate as a designated automatic | ||||||
12 | voter registration agency. The State Board of Elections shall | ||||||
13 | approve each interagency contract upon affirmative vote of a | ||||||
14 | majority of its members. | ||||||
15 | As used in this subsection (d), "reliable personal | ||||||
16 | information" means information about individuals obtained from | ||||||
17 | government sources that may be used to verify whether an | ||||||
18 | individual is eligible to register to vote. | ||||||
19 | (e) Whenever an applicant's data is transferred from the | ||||||
20 | Office of the Secretary of State or a designated automatic | ||||||
21 | voter registration agency, the agency must transmit a | ||||||
22 | signature image if available. If no signature image was | ||||||
23 | provided by the agency and , or if no signature image is | ||||||
24 | available in the Office of the Secretary of State's database | ||||||
25 | or the statewide voter registration database, or other | ||||||
26 | database available to the State Board of Elections, the |
| |||||||
| |||||||
1 | applicant must be notified that voter his or her registration | ||||||
2 | will remain in a pending status until the applicant: , and the | ||||||
3 | applicant will be required to | ||||||
4 | (1) provides provide identification that complies with | ||||||
5 | the federal Help America Vote Act of 2002 and a signature | ||||||
6 | to the election authority on election day in the polling | ||||||
7 | place or during early voting ; . | ||||||
8 | (2) provides identification that complies with the | ||||||
9 | federal Help America Vote Act of 2002 and a signature with | ||||||
10 | a mail ballot, or provides a signature in accordance with | ||||||
11 | the procedures described in subsection (g-5) of Section | ||||||
12 | 19-8; or | ||||||
13 | (3) provides a signature in response to the notice | ||||||
14 | described in subsection (g) or by other paper or | ||||||
15 | electronic means determined by the State Board of | ||||||
16 | Elections. | ||||||
17 | (f) Upon receipt of personal information collected and | ||||||
18 | transferred by the Office of the Secretary of State or a | ||||||
19 | designated automatic voter registration agency, the State | ||||||
20 | Board of Elections shall check the information against the | ||||||
21 | statewide voter registration database. The State Board of | ||||||
22 | Elections shall create and electronically transmit to the | ||||||
23 | appropriate election authority a voter registration | ||||||
24 | application for any individual who is not registered to vote | ||||||
25 | in Illinois and is not disqualified as provided in this | ||||||
26 | Section or whose information reliably indicates a more recent |
| |||||||
| |||||||
1 | update to the name or address of a person already included in | ||||||
2 | the statewide voter database. The election authority shall | ||||||
3 | process the application accordingly. If the individual | ||||||
4 | provides the Office of the Secretary of State or a designated | ||||||
5 | automatic voter registration agency with an address designated | ||||||
6 | by the Attorney General as a substitute mailing address under | ||||||
7 | Section 15 of the Address Confidentiality for Victims of | ||||||
8 | Domestic Violence, Sexual Assault, Human Trafficking, or | ||||||
9 | Stalking Act or if the State Board of Elections otherwise | ||||||
10 | determines that the individual is a program participant under | ||||||
11 | Section 10 of the Address Confidentiality for Victims of | ||||||
12 | Domestic Violence, Sexual Assault, Human Trafficking, or | ||||||
13 | Stalking Act, the State Board of Elections shall not create or | ||||||
14 | electronically transmit to an election authority a voter | ||||||
15 | registration the application for the individual. The State | ||||||
16 | Board of Elections may provide alternative voter registration | ||||||
17 | procedures for the individuals described in this subsection. | ||||||
18 | (g) The appropriate election authority shall ensure that | ||||||
19 | any applicant about whom it receives information from the | ||||||
20 | State Board of Elections under subsection (f) who is | ||||||
21 | registered to vote or whose existing voter registration is | ||||||
22 | updated under this Section is promptly sent written notice of | ||||||
23 | the change. The notice required by this subsection (g) may be | ||||||
24 | sent or combined with other notices required or permitted by | ||||||
25 | law, including, but not limited to, any notices sent pursuant | ||||||
26 | to Section 1A-16.5 of this Code. Any notice required by this |
| |||||||
| |||||||
1 | subsection (g) shall contain, at a minimum: (i) the | ||||||
2 | applicant's name and residential address as reflected on the | ||||||
3 | voter registration list; (ii) a statement notifying the | ||||||
4 | applicant to contact the appropriate election authority if his | ||||||
5 | or her voter registration has been updated in error; (iii) the | ||||||
6 | qualifications to register to vote in Illinois; (iv) a | ||||||
7 | statement notifying the applicant that he or she may opt out of | ||||||
8 | voter registration or request a change to his or her | ||||||
9 | registration information at any time by contacting an election | ||||||
10 | official; and (iii) (v) contact information for the | ||||||
11 | appropriate election authority, including a phone number, | ||||||
12 | address, electronic mail address, and website address. | ||||||
13 | For an applicant under subsection (b) of Section 1A-16.1 | ||||||
14 | or subsection (b) of Section 1A-16.2 who is not currently | ||||||
15 | registered to vote in Illinois, the notice shall be sent | ||||||
16 | within 5 business days after the transmission of the voter | ||||||
17 | registration application to the election authority and shall | ||||||
18 | contain: | ||||||
19 | (1) the following statement: "After your recent visit | ||||||
20 | to [an Illinois Secretary of State Driver Services | ||||||
21 | Facility, or designated automatic voter registration | ||||||
22 | agency] we started an automatic voter registration process | ||||||
23 | for you. You will be registered to vote unless you | ||||||
24 | complete, sign, and return this card by [deadline date]."; | ||||||
25 | (2) the notices required by Section 5(c)(2) of the | ||||||
26 | National Voter Registration Act of 1993; and |
| |||||||
| |||||||
1 | (3) an opportunity to provide a signature as described | ||||||
2 | in subsection (e) and to select a language for election | ||||||
3 | materials if applicable to the jurisdiction, by prepaid | ||||||
4 | postage. | ||||||
5 | For an applicant under subsection (b) of Section 1A-16.1 | ||||||
6 | or subsections (b) of Section 1A-16.2 who is currently | ||||||
7 | registered to vote in Illinois and whose application contains | ||||||
8 | a change in the applicant's registered residence address or | ||||||
9 | name, the notice shall be sent within 5 business days after the | ||||||
10 | transmission of the voter registration application to the | ||||||
11 | election authority and shall 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 update to your voter registration. | ||||||
16 | Your voter registration will be updated 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 | Any notice required by this subsection shall, at a | ||||||
25 | minimum, be provided in languages for which there is coverage | ||||||
26 | for the jurisdiction of the election authority under Section |
| |||||||
| |||||||
1 | 203 of the federal Voting Rights Act, as identified by the | ||||||
2 | United States Census Bureau in the Federal Register. Any | ||||||
3 | notice required by this subsection must also comply with all | ||||||
4 | applicable, federal, State, and local laws, regulations, and | ||||||
5 | ordinances that relate to providing language access to | ||||||
6 | individuals with limited English proficiency. If the State | ||||||
7 | Board of Elections has received language preference | ||||||
8 | information regarding the applicant and has transmitted that | ||||||
9 | information to the appropriate election authority, the | ||||||
10 | appropriate election authority shall take all practicable | ||||||
11 | measures to send the notice to the applicant in the | ||||||
12 | applicant's preferred language. | ||||||
13 | (g-5) If an applicant under subsection (b) of Section | ||||||
14 | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the | ||||||
15 | notice described in subsection (g) declining to be registered | ||||||
16 | within 23 days after the mailing of the notice, the applicant | ||||||
17 | shall not be registered to vote and the applicant shall be | ||||||
18 | deemed not to have attempted to register to vote. If an | ||||||
19 | applicant under subsection (b) of Section 1A-16.1 or | ||||||
20 | subsection (b) of Section 1A-16.2 returns the notice described | ||||||
21 | in subsection (g) declining or correcting the update within 23 | ||||||
22 | days after the mailing of the notice, the applicant's update | ||||||
23 | shall be declined or corrected in the statewide voter | ||||||
24 | registration database. If an applicant returns the notice | ||||||
25 | described in subsection (g) but does not do so within 23 days | ||||||
26 | after the mailing of the notice, then the applicant shall be |
| |||||||
| |||||||
1 | registered to vote under the name and address contained in the | ||||||
2 | dual-purpose application. If an applicant returns the notice | ||||||
3 | described in subsection (g) declining to be registered or | ||||||
4 | declining or correcting the update more than 23 days after the | ||||||
5 | mailing of the notice, then the notice shall be processed as a | ||||||
6 | request to cancel or update the applicant's registration. | ||||||
7 | During the 23-day period specified in this subsection, an | ||||||
8 | applicant's voter registration or updated voter registration | ||||||
9 | shall be in a pending status. | ||||||
10 | (g-6) If an applicant under subsection (b) of Section | ||||||
11 | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the | ||||||
12 | notice indicating a language preference, the language | ||||||
13 | preference shall be retained as part of the person's | ||||||
14 | registration information. | ||||||
15 | (h) The appropriate election authority shall ensure that | ||||||
16 | any applicant whose voter registration application is not | ||||||
17 | accepted or deemed incomplete is promptly sent written notice | ||||||
18 | of the application's status. The notice required by this | ||||||
19 | subsection may be sent or combined with other notices required | ||||||
20 | or permitted by law, including, but not limited to, any | ||||||
21 | notices sent pursuant to Section 1A-16.5 of this Code. Any | ||||||
22 | notice required by this subsection (h) shall contain, at a | ||||||
23 | minimum, the reason the application was not accepted or deemed | ||||||
24 | incomplete and contact information for the appropriate | ||||||
25 | election authority, including a phone number, address, | ||||||
26 | electronic mail address, and website address. |
| |||||||
| |||||||
1 | (i) If the Office of the Secretary of State or a designated | ||||||
2 | automatic voter registration agency transfers information, or | ||||||
3 | if the State Board of Elections creates and transmits a voter | ||||||
4 | registration application, for a person who does not qualify as | ||||||
5 | an eligible voter, then it shall not constitute a completed | ||||||
6 | voter registration form, and the person shall not be | ||||||
7 | considered to have registered to vote. | ||||||
8 | (j) If the registration is processed by any election | ||||||
9 | authority, then it shall be presumed to have been effected and | ||||||
10 | officially authorized by the State, and that person shall not | ||||||
11 | be found on that basis to have made a false claim to | ||||||
12 | citizenship or to have committed an act of moral turpitude, | ||||||
13 | nor shall that person be subject to penalty under any relevant | ||||||
14 | laws, including, but not limited to, Sections 29-10 and 29-19 | ||||||
15 | of this Code. This subsection (j) does not apply to a person | ||||||
16 | who knows that he or she is not entitled to register to vote | ||||||
17 | and who willfully votes, registers to vote, or attests under | ||||||
18 | penalty of perjury that he or she is eligible to register to | ||||||
19 | vote or willfully attempts to vote or to register to vote. | ||||||
20 | (k) The State Board of Elections, the Office of the | ||||||
21 | Secretary of State, and each designated automatic voter | ||||||
22 | registration agency shall implement policies and procedures to | ||||||
23 | protect the privacy and security of voter information as it is | ||||||
24 | acquired, stored, and transmitted among agencies, including | ||||||
25 | policies for the retention and preservation of voter | ||||||
26 | information. Information designated as confidential under this |
| |||||||
| |||||||
1 | Section may be recorded and shared among the State Board of | ||||||
2 | Elections, election authorities, the Office of the Secretary | ||||||
3 | of State, and designated automatic voter registration | ||||||
4 | agencies, but shall be used only for voter registration | ||||||
5 | purposes, shall not be disclosed to the public except in the | ||||||
6 | aggregate as required by subsection (m) of this Section, and | ||||||
7 | shall not be subject to the Freedom of Information Act. The | ||||||
8 | following information shall be designated as confidential: | ||||||
9 | (1) any portion of an applicant's Social Security | ||||||
10 | number; | ||||||
11 | (2) any portion of an applicant's driver's license | ||||||
12 | number or State identification number; | ||||||
13 | (3) an applicant's decision to decline voter | ||||||
14 | registration; | ||||||
15 | (4) the identity of the person providing information | ||||||
16 | relating to a specific applicant; and | ||||||
17 | (5) the personal residence and contact information of | ||||||
18 | any applicant for whom notice has been given by an | ||||||
19 | appropriate legal authority ; and . | ||||||
20 | (6) the personal residence and contact information | ||||||
21 | relating to an applicant who returns a notice described | ||||||
22 | subsection (g) declining to register to vote that was | ||||||
23 | received by the election authority within 23 days after | ||||||
24 | mailing the notice or for whom the 23-day period has not | ||||||
25 | passed. | ||||||
26 | This subsection (k) shall not apply to information the |
| |||||||
| |||||||
1 | State Board of Elections is required to share with the | ||||||
2 | Electronic Registration Information Center. | ||||||
3 | (l) The voter registration procedures implemented under | ||||||
4 | this Section shall comport with the federal National Voter | ||||||
5 | Registration Act of 1993, as amended, and shall specifically | ||||||
6 | require that the State Board of Elections track registration | ||||||
7 | data received through the online registration system that | ||||||
8 | originated from a designated automatic voter registration | ||||||
9 | agency for the purposes of maintaining statistics. | ||||||
10 | Nothing in this Code shall require designated voter | ||||||
11 | registration agencies to transmit information that is | ||||||
12 | confidential client information under State or federal law | ||||||
13 | without the consent of the applicant. | ||||||
14 | (m) The State Board of Elections, each election authority | ||||||
15 | that maintains a website, the Office of the Secretary of | ||||||
16 | State, and each designated automatic voter registration agency | ||||||
17 | that maintains a website shall provide information on their | ||||||
18 | websites informing the public about the new registration | ||||||
19 | procedures described in this Section. The Office of the | ||||||
20 | Secretary of State and each designated automatic voter | ||||||
21 | registration agency shall display signage or provide | ||||||
22 | literature for the public containing information about the new | ||||||
23 | registration procedures described in this Section. | ||||||
24 | (n) No later than 6 months after the effective date of this | ||||||
25 | amendatory Act of the 100th General Assembly, the State Board | ||||||
26 | of Elections shall hold at least one public hearing on |
| |||||||
| |||||||
1 | implementing this amendatory Act of the 100th General Assembly | ||||||
2 | at which the public may provide input. | ||||||
3 | (o) The State Board of Elections shall submit an annual | ||||||
4 | public report to the General Assembly and the Governor | ||||||
5 | detailing the progress made to implement this Section. The | ||||||
6 | report shall include all of the following: the number of | ||||||
7 | records transferred under this Section by agency, the number | ||||||
8 | of voters newly added to the statewide voter registration list | ||||||
9 | because of records transferred under this Section by agency, | ||||||
10 | the number of updated registrations under this Section by | ||||||
11 | agency, the number of persons who opted out of voter | ||||||
12 | registration, and the number of voters who submitted voter | ||||||
13 | registration forms using the online procedure described in | ||||||
14 | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports | ||||||
15 | may include less detail if election authorities are not | ||||||
16 | equipped to provide complete information to the State Board of | ||||||
17 | Elections. Any report produced under this subsection (o) shall | ||||||
18 | exclude any information that identifies any individual | ||||||
19 | personally. | ||||||
20 | (p) The State Board of Elections, in consultation with | ||||||
21 | election authorities, the Office of the Secretary of State, | ||||||
22 | designated automatic voter registration agencies, and | ||||||
23 | community organizations, shall adopt rules as necessary to | ||||||
24 | implement the provisions of this Section. | ||||||
25 | (q) The changes made to this Section by this amendatory | ||||||
26 | Act of the 103rd General Assembly shall be implemented no |
| |||||||
| |||||||
1 | later than January 1, 2026. | ||||||
2 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
3 | (10 ILCS 5/1A-16.8) | ||||||
4 | Sec. 1A-16.8. Automatic transfer of registration based | ||||||
5 | upon information from the National Change of Address database | ||||||
6 | and designated automatic voter registration agencies. | ||||||
7 | (a) The State Board of Elections shall cross-reference the | ||||||
8 | statewide voter registration database against the United | ||||||
9 | States Postal Service's National Change of Address database | ||||||
10 | twice each calendar year, April 15 and October 1 in | ||||||
11 | odd-numbered years and April 15 and December 1 in | ||||||
12 | even-numbered years or with the same frequency as in | ||||||
13 | subsection (b) of this Section, and shall share the findings | ||||||
14 | with the election authorities. | ||||||
15 | (b) In addition, beginning no later than September 1, | ||||||
16 | 2017, the State Board of Elections shall utilize data provided | ||||||
17 | as part of its membership in the Electronic Registration | ||||||
18 | Information Center in order to cross-reference the statewide | ||||||
19 | voter registration database against databases of relevant | ||||||
20 | personal information kept by designated automatic voter | ||||||
21 | registration agencies, including, but not limited to, driver's | ||||||
22 | license information kept by the Secretary of State, at least 6 | ||||||
23 | times each calendar year and shall share the findings with | ||||||
24 | election authorities. | ||||||
25 | This subsection (b) shall no longer apply once Sections |
| |||||||
| |||||||
1 | 1A-16.1 and 1A-16.2 of this Code are fully implemented as | ||||||
2 | determined by the State Board of Elections. Upon a | ||||||
3 | determination by the State Board of Elections of full | ||||||
4 | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, | ||||||
5 | the State Board of Elections shall file notice of full | ||||||
6 | implementation and the inapplicability of this subsection (b) | ||||||
7 | with the Index Department of the Office of the Secretary of | ||||||
8 | State, the Governor, the General Assembly, and the Legislative | ||||||
9 | Reference Bureau. | ||||||
10 | (b-5) The State Board of Elections shall not be required | ||||||
11 | to share any data on any voter attained using the National | ||||||
12 | Change of Address database under subsection (a) of this | ||||||
13 | Section if that voter has a more recent government transaction | ||||||
14 | indicated using the cross-reference under subsection (b) of | ||||||
15 | this Section. If there is contradictory or unclear data | ||||||
16 | between data obtained under subsections (a) and (b) of this | ||||||
17 | Section, then data obtained under subsection (b) of this | ||||||
18 | Section shall take priority. | ||||||
19 | (c) An election authority shall automatically register any | ||||||
20 | voter who has moved into its jurisdiction from another | ||||||
21 | jurisdiction in Illinois or has moved within its jurisdiction | ||||||
22 | provided that: | ||||||
23 | (1) the election authority whose jurisdiction includes | ||||||
24 | the new registration address provides the voter an | ||||||
25 | opportunity to reject the change in registration address | ||||||
26 | through a mailing, sent by non-forwardable mail, to the |
| |||||||
| |||||||
1 | new registration address, and | ||||||
2 | (2) when the election authority whose jurisdiction | ||||||
3 | includes the previous registration address is a different | ||||||
4 | election authority, then that election authority provides | ||||||
5 | the same opportunity through a mailing, sent by | ||||||
6 | forwardable mail, to the previous registration address. | ||||||
7 | This change in registration shall trigger the same | ||||||
8 | inter-jurisdictional or intra-jurisdictional workflows as if | ||||||
9 | the voter completed a new registration card, including the | ||||||
10 | cancellation of the voter's previous registration. Should the | ||||||
11 | registration of a voter be changed from one address to another | ||||||
12 | within the State and should the voter appear at the polls and | ||||||
13 | offer to vote from the prior registration address, attesting | ||||||
14 | that the prior registration address is the true current | ||||||
15 | address, the voter, if confirmed by the election authority as | ||||||
16 | having been registered at the prior registration address and | ||||||
17 | canceled only by the process authorized by this Section, shall | ||||||
18 | be issued a regular ballot, and the change of registration | ||||||
19 | address shall be canceled. If the election authority is unable | ||||||
20 | to immediately confirm the registration, the voter shall be | ||||||
21 | permitted to register and vote a regular ballot, provided that | ||||||
22 | he or she meets the documentary requirements for same-day | ||||||
23 | registration. If the election authority is unable to confirm | ||||||
24 | the registration and the voter does not meet the requirements | ||||||
25 | for same-day registration, the voter shall be issued a | ||||||
26 | provisional ballot. |
| |||||||
| |||||||
1 | (c-5) An agency that does not receive documentation that | ||||||
2 | an applicant is a United States citizen, as described in | ||||||
3 | subsection (g) of Section 1A-16.1, may enter into an agreement | ||||||
4 | with the State Board of Elections to transmit information that | ||||||
5 | shall serve only to update an applicant's existing voter | ||||||
6 | registration record. Under the agreement, the agency shall | ||||||
7 | transmit information on all clients who may be registered to | ||||||
8 | vote with a clear indication that the information shall be | ||||||
9 | used only for updates. The State Board of Elections shall | ||||||
10 | determine which applicants are already registered to vote and, | ||||||
11 | for any voter whose information provided to the agency differs | ||||||
12 | from that on the voter registration record, provide that | ||||||
13 | information to the voter's local election authority who shall | ||||||
14 | update a registered voter's records in accordance with the | ||||||
15 | procedures described in Section 1A-16.7. The State Board of | ||||||
16 | Election and local election authority shall take no action | ||||||
17 | under this subsection for any applicant not already registered | ||||||
18 | to vote. | ||||||
19 | This subsection shall be implemented no later than January | ||||||
20 | 1, 2026. | ||||||
21 | (d) No voter shall be disqualified from voting due to an | ||||||
22 | error relating to an update of registration under this | ||||||
23 | Section. | ||||||
24 | (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.) | ||||||
25 | Section 10. The Illinois Vehicle Code is amended by |
| |||||||
| |||||||
1 | changing Section 2-105 as follows: | ||||||
2 | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105) | ||||||
3 | Sec. 2-105. Offices of Secretary of State. | ||||||
4 | (a) The Secretary of State shall maintain offices in the | ||||||
5 | State capital and in such other places in the State as he may | ||||||
6 | deem necessary to properly carry out the powers and duties | ||||||
7 | vested in him. | ||||||
8 | (b) The Secretary of State may construct and equip one or | ||||||
9 | more buildings in the State of Illinois outside of the County | ||||||
10 | of Sangamon as he deems necessary to properly carry out the | ||||||
11 | powers and duties vested in him. The Secretary of State may, on | ||||||
12 | behalf of the State of Illinois, acquire public or private | ||||||
13 | property needed therefor by lease, purchase or eminent domain. | ||||||
14 | The care, custody and control of such sites and buildings | ||||||
15 | constructed thereon shall be vested in the Secretary of State. | ||||||
16 | Expenditures for the construction and equipping of any of such | ||||||
17 | buildings upon premises owned by another public entity shall | ||||||
18 | not be subject to the provisions of any State law requiring | ||||||
19 | that the State be vested with absolute fee title to the | ||||||
20 | premises. The exercise of the authority vested in the | ||||||
21 | Secretary of State by this Section is subject to the | ||||||
22 | appropriation of the necessary funds. | ||||||
23 | (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of | ||||||
24 | the Election Code, the Secretary of State shall make driver | ||||||
25 | services facilities available for use as places of accepting |
| |||||||
| |||||||
1 | applications for voter registration. | ||||||
2 | (d) (Blank). | ||||||
3 | (e) Each applicant person applying at a driver services | ||||||
4 | facility for a driver's license or permit, a corrected | ||||||
5 | driver's license or permit, an Illinois Identification Card | ||||||
6 | identification card or a corrected Illinois Identification | ||||||
7 | Card who has presented documentation establishing United | ||||||
8 | States citizenship as set forth in subsection (g) of Section | ||||||
9 | 1A-16.1 of the Election Code identification card shall be | ||||||
10 | notified, under the procedures set forth in Sections 1A-16.1 | ||||||
11 | and 1A-16.7 of the Election Code, that the applicant's unless | ||||||
12 | he or she affirmatively declines, his or her personal | ||||||
13 | information shall be transferred to the State Board of | ||||||
14 | Elections for the purpose of creating an electronic voter | ||||||
15 | registration application. Each applicant applying at a driver | ||||||
16 | services facility for a driver's license or permit, a | ||||||
17 | corrected driver's license or permit or a State identification | ||||||
18 | card or a corrected Illinois Identification Card who presented | ||||||
19 | documentation that neither establishes that the applicant is a | ||||||
20 | United States citizen nor establishes that the applicant is | ||||||
21 | not a United States citizen, but who affirmatively indicated | ||||||
22 | they wished to apply to register to vote and attested, in | ||||||
23 | writing, to United States citizenship, shall be notified, | ||||||
24 | under the procedures set forth in Sections 1A-16.1 and 1A-16.7 | ||||||
25 | of the Election Code that the applicant's personal information | ||||||
26 | will be transmitted to the State Board of Elections for the |
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1 | purpose of creating an electronic voter registration | ||||||
2 | application. Such notification may be made in writing or | ||||||
3 | verbally issued by an employee or the Secretary of State. | ||||||
4 | The Secretary of State shall promulgate such rules as may | ||||||
5 | be necessary for the efficient execution of his duties and the | ||||||
6 | duties of his employees under this Section. | ||||||
7 | (f) Any person applying at a driver services facility for | ||||||
8 | issuance or renewal of a driver's license or Illinois | ||||||
9 | Identification Card shall be provided, without charge, with a | ||||||
10 | brochure warning the person of the dangers of financial | ||||||
11 | identity theft. The Department of Financial and Professional | ||||||
12 | Regulation shall prepare these brochures and provide them to | ||||||
13 | the Secretary of State for distribution. The brochures shall | ||||||
14 | (i) identify signs warning the reader that he or she might be | ||||||
15 | an intended victim of the crime of financial identity theft, | ||||||
16 | (ii) instruct the reader in how to proceed if the reader | ||||||
17 | believes that he or she is the victim of the crime of identity | ||||||
18 | theft, and (iii) provide the reader with names and telephone | ||||||
19 | numbers of law enforcement and other governmental agencies | ||||||
20 | that provide assistance to victims of financial identity | ||||||
21 | theft. | ||||||
22 | (g) (Blank). The changes made by this amendatory Act of | ||||||
23 | the 100th General Assembly shall be implemented no later than | ||||||
24 | July 1, 2018. | ||||||
25 | (h) The changes made to this Section by this amendatory | ||||||
26 | Act of the 103rd General Assembly shall be implemented no |
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1 | later than January 1, 2026. | ||||||
2 | (Source: P.A. 100-464, eff. 8-28-17.) | ||||||
3 | Section 95. No acceleration or delay. Where this Act makes | ||||||
4 | changes in a statute that is represented in this Act by text | ||||||
5 | that is not yet or no longer in effect (for example, a Section | ||||||
6 | represented by multiple versions), the use of that text does | ||||||
7 | not accelerate or delay the taking effect of (i) the changes | ||||||
8 | made by this Act or (ii) provisions derived from any other | ||||||
9 | Public Act. | ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.". |