Illinois General Assembly - Full Text of HB3326
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Full Text of HB3326  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Celina Villanueva


105 ILCS 5/9-2  from Ch. 122, par. 9-2
105 ILCS 5/9-3 new

    Amends the School Code. Requires the State Board of Education to create a voter registration affidavit that shall be the exclusive means by which a noncitizen of the United States may register to vote in school board elections. Provides that the elections conducted under the provisions are considered non-State elections and not subject to the citizenship requirement in the Illinois Constitution. Provides what the individual shall attest to in the voter registration affidavit. Provides that the voter registration affidavit shall be valid for one school board election. Provides the notice that shall appear in the voter registration affidavit.

LRB101 08906 SMS 53996 b





HB3326LRB101 08906 SMS 53996 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
59-2 and by adding Section 9-3 as follows:
6    (105 ILCS 5/9-2)  (from Ch. 122, par. 9-2)
7    Sec. 9-2. Election Definitions. As used in this Act in
8connection with elections of school officials and referenda:
9    (a) "Voter" or "Legal voter" or "elector" means a person
10qualified to vote under the general election law or a person
11qualified to vote under Section 9-3.
12    (b) "Certify" and "certification", when used in connection
13with elections of officers or referenda, refers to the
14certification in accordance with the general election law of
15offices, candidates or propositions to county clerks and boards
16of election commissioners for inclusion on the ballot at an
18    (c) "Submit" and "submission" when used in connection with
19a referendum on a proposition or question refers to the
20submission to the voters in accordance with the general
21election law of the proposition or question by county clerks
22and boards of election commissioners.
23    (d) "Local election official" means the secretary of a



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1board of education, the secretary or clerk of a board of school
2directors, the treasurer of a township board of school
3trustees, the secretary of township land commissioners and the
4regional superintendent of schools with respect to the various
5school officer elections and school referenda for which the
6regional superintendent is assigned election duties pursuant
7to this Code.
8(Source: P.A. 84-1338.)
9    (105 ILCS 5/9-3 new)
10    Sec. 9-3. Noncitizen registration for school board
12    (a) The State Board of Education shall create a voter
13registration affidavit that shall be the exclusive means by
14which a noncitizen of the United States may register to vote in
15school board elections. Registration affidavits shall be filed
16with a local board of education.
17        (1) Elections conducted under this Section, for the
18    purpose of Section 1, Article III of the Illinois
19    Constitution, are considered non-State elections and are
20    not subject to the citizenship requirement of that Section.
21        (2) Upon request, a voter may obtain a ballot listing
22    only offices to be elected under this Section.
23    (b) The voter registration affidavit shall, in addition to
24any other information required by the State Board of Education,
25require the individual to attest under penalty of perjury that:



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1        (1) the individual is not a United States citizen;
2        (2) the individual is a resident within the boundaries
3    of a school district and intends to remain a resident
4    within those boundaries until the next school board
5    election;
6        (3) the individual is a parent, legal guardian, or
7    caregiver of a child who, at the time of the next school
8    board election, will be under age 19 and resides within the
9    boundaries of a school district;
10        (4) at the time of the next school board election, the
11    individual will be at least 18 years old; and
12        (5) the individual is not otherwise disqualified from
13    voting under Section 2, Article III of the Illinois
14    Constitution.
15    The voter registration affidavit shall also state that it
16does not entitle an individual to vote in elections other than
17school board elections.
18    (c) An individual's voter registration affidavit shall be
19valid for one school board election. An individual must submit
20a new voter registration affidavit prior to voting in each
21school board election.
22    (d) The voter registration affidavit shall include the
23following notice:
25information you provide to the local board of education,
26including your name and address, may be obtained by Immigration



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1and Customs Enforcement (ICE) and other agencies,
2organizations, and individuals. In addition, if you apply for
3naturalization, you will be asked whether you have ever
4registered or voted in a federal, state, or local election in
5the United States. You may wish to consult with an immigration
6attorney, an organization that protects immigrant rights, or
7other knowledgeable source before registering to vote in a
8local school board election.".
9    (e) The notice in subsection (d) shall appear in
10conspicuous type in contrast by typography, layout, or color
11with all other words on each document or website where the
12notice appears. The words "IMPORTANT NOTICE FOR NONCITIZENS OF
13THE UNITED STATES" shall appear in capital letters. The notice
14shall be included on both the State Board of Education and a
15local school board's internet websites.