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