Full Text of SB0496 103rd General Assembly
SB0496eng 103RD GENERAL ASSEMBLY | | | SB0496 Engrossed | | LRB103 02947 AWJ 47953 b |
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| 1 | | AN ACT concerning elections. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding | 6 | | Section 1A-16.3 as follows: | 7 | | (10 ILCS 5/1A-16.1) | 8 | | (Text of Section before amendment by P.A. 103-210 ) | 9 | | Sec. 1A-16.1. Automatic voter registration; Secretary of | 10 | | State. | 11 | | (a) The Office of the Secretary of State and the State | 12 | | Board of Elections, pursuant to an interagency contract and | 13 | | jointly adopted jointly-adopted rules, shall establish an | 14 | | automatic voter registration program that satisfies the | 15 | | requirements of this Section and other applicable law. | 16 | | (b) If , as part of an application, an application for | 17 | | renewal, or a change of address form, or a recertification | 18 | | form for a driver's license , other than a temporary visitor's | 19 | | driver's license, or a State identification card issued by the | 20 | | Office of the Secretary of State , an applicant presents | 21 | | documentation that establishes that the applicant is a United | 22 | | States citizen, as described in subsection (g), and is of age | 23 | | to register to vote or if the information provided to the |
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| 1 | | Office of the Secretary of State under subsection (c) | 2 | | indicates that the applicant is currently registered to vote | 3 | | in Illinois and, upon reviewing the documents and information | 4 | | submitted by the applicant, the Office of the Secretary of | 5 | | State determines that the name or residence address | 6 | | documentation submitted by the applicant differs from the | 7 | | information regarding the applicant provided under subsection | 8 | | (c) meets the requirements of the federal REAL ID Act of 2005 , | 9 | | then that application shall serve as a dual-purpose | 10 | | application , unless the applicant declines in accordance with | 11 | | subsection (g) of Section 1A-16.7 . The dual-purpose | 12 | | application shall: | 13 | | (1) also serve as an application to register to vote | 14 | | in Illinois; | 15 | | (2) allow an applicant to change the applicant's his | 16 | | or her registered residence address or name as it appears | 17 | | on the voter registration rolls; | 18 | | (3) in a single affirmation, including the affirmation | 19 | | required for a driver's license or State identification | 20 | | card, allow the applicant to affirm, under penalty of | 21 | | perjury, to the truth and correctness of the information | 22 | | submitted in the dual-purpose application that is | 23 | | necessary to assess the applicant's eligibility to | 24 | | register to vote or to change the applicant's registered | 25 | | residence address or name as it appears on the voter | 26 | | registration rolls provide the applicant with an |
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| 1 | | opportunity to affirmatively decline to register to vote | 2 | | or to change his or her registered residence address or | 3 | | name by providing a check box on the application form | 4 | | without requiring the applicant to state the reason ; and | 5 | | (4) allow the applicant to notify the Office of the | 6 | | Secretary of State of the applicant's preferred language | 7 | | unless the applicant declines to register to vote or | 8 | | change his or her registered residence address or name, | 9 | | require the applicant to attest, by signature under | 10 | | penalty of perjury as described in subsection (e) of this | 11 | | Section, to meeting the qualifications to register to vote | 12 | | in Illinois at his or her residence address as indicated | 13 | | on his or her driver's license or identification card | 14 | | dual-purpose application . | 15 | | The Office of the Secretary of State shall record the type | 16 | | of documents presented by the applicant that establishes the | 17 | | applicant is a United States citizen as described in | 18 | | subsection (g) and shall enter United States citizenship in a | 19 | | designated field. Based on the entry of United States | 20 | | citizenship in the designated field, the Office of the | 21 | | Secretary of State shall initiate a dual-purpose application | 22 | | through an automated process that is not subject to the | 23 | | discretion of individual employees of the Office of the | 24 | | Secretary of State. | 25 | | (b-5) If , as part of an application, an application for | 26 | | renewal, or a change of address form, or a recertification |
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| 1 | | form for a driver's license , other than a temporary visitor's | 2 | | driver's license, or a State identification card issued by the | 3 | | Office of the Secretary of State , other than an application or | 4 | | form that pertains to a standard driver's license or | 5 | | identification card for an applicant who does not have and is | 6 | | not eligible for a social security number, an applicant | 7 | | presents documentation that neither establishes that the | 8 | | applicant is a United States citizen nor establishes that the | 9 | | applicant is not a United States citizen and the information | 10 | | provided to the Office of the Secretary of State under | 11 | | subsection (c) does not indicate that the applicant is | 12 | | currently registered to vote in Illinois does not meet the | 13 | | requirements of the federal REAL ID Act of 2005 , then that | 14 | | application shall serve as a dual-purpose application . The | 15 | | dual-purpose application that, shall: (1) also serve as an | 16 | | application to register to vote in Illinois; (2) allow an | 17 | | applicant to change his or her registered residence address or | 18 | | name as it appears on the voter registration rolls; and (3) if | 19 | | the applicant chooses to register to vote , shall also serve as | 20 | | an application to register to vote in Illinois. If the | 21 | | applicant chooses to register to vote, the applicant shall be | 22 | | required or to change his or her registered residence address | 23 | | or name, then require the applicant to attest, by a separate | 24 | | signature under penalty of perjury, to meeting the | 25 | | qualifications to register to vote in Illinois at the | 26 | | applicant's his or her residence address as indicated on the |
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| 1 | | his or her dual-purpose application. The dual-purpose | 2 | | application shall allow the applicant to notify the Office of | 3 | | the Secretary of State of the applicant's preferred language. | 4 | | (b-8) If an applicant presents to the Secretary of State | 5 | | documentation that establishes the applicant is not a United | 6 | | States citizen, no application submitted by that applicant | 7 | | shall serve as a dual-purpose application under this Section. | 8 | | (b-10) Before asking any applicant described in subsection | 9 | | (b) to provide the written affirmation described in that | 10 | | subsection, the The Office of the Secretary of State shall | 11 | | clearly and conspicuously inform each applicant in writing: | 12 | | (i) of the qualifications to register to vote in Illinois ; , | 13 | | (ii) of the penalties provided by law for submission of a false | 14 | | voter registration application, including the | 15 | | immigration-related consequences of incorrectly claiming | 16 | | United States citizenship and of the applicant's opportunity | 17 | | not to proceed in order to avoid the penalties; and (iii) that | 18 | | the , unless the applicant declines to register to vote or | 19 | | update his or her voter registration, his or her dual-purpose | 20 | | application shall also serve as both an application to | 21 | | register to vote and his or her attestation that he or she | 22 | | meets the eligibility requirements for voter registration, and | 23 | | that the his or her application to register to vote or update | 24 | | voter his or her registration will be transmitted to the State | 25 | | Board of Elections for the purpose of registering the person | 26 | | to vote at the residence address to be indicated on the |
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| 1 | | applicant's his or her driver's license or identification | 2 | | card , and (iv) that declining to register to vote is | 3 | | confidential and will not affect any services the person may | 4 | | be seeking from the Office of the Secretary of State . | 5 | | The Office of the Secretary of State may provide | 6 | | additional instructions specific to applicants under | 7 | | subsection (b). | 8 | | (b-15) Before asking any applicant described in subsection | 9 | | (b-5) to provide the attestation described in that subsection, | 10 | | the Office of the Secretary of State shall clearly and | 11 | | conspicuously inform each applicant in writing: (i) of the | 12 | | qualifications to register to vote in Illinois; (ii) of the | 13 | | penalties provided by law for submission of a false voter | 14 | | registration application, including the immigration-related | 15 | | consequences of incorrectly claiming United States citizenship | 16 | | and of the applicant's opportunity to withdraw an application | 17 | | to avoid the penalties; (iii) that the application shall also | 18 | | serve as an application to register to vote and that the | 19 | | application to register to vote or update voter registration | 20 | | will be transmitted to the State Board of Elections for the | 21 | | purpose of registering the person to vote at the residence | 22 | | address to be indicated on the applicant's driver's license or | 23 | | identification card, unless the applicant withdraws the | 24 | | application or declines to register to vote or update the | 25 | | applicant's voter registration; and (iv) that declining to | 26 | | register to vote or withdrawing a voter application is |
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| 1 | | confidential and will not affect any services the person may | 2 | | be seeking from the Office of the Secretary of State. The | 3 | | Office of the Secretary of State may provide additional | 4 | | instructions specific to applicants under subsection (b-5). | 5 | | (c) The Office of the Secretary of State shall review | 6 | | information provided to the Office of the Secretary of State | 7 | | by the State Board of Elections to determine inform each | 8 | | applicant for a driver's license or permit, other than a | 9 | | temporary visitor's driver's license, or a State | 10 | | identification card issued by the Office of the Secretary of | 11 | | State whether each the applicant under subsections (b) and | 12 | | (b-5) is currently registered to vote in Illinois and, if | 13 | | registered, at what address , and shall inform each applicant | 14 | | described in subsection (b-5) for a driver's license or permit | 15 | | or State identification card issued by the Office of the | 16 | | Secretary of State whether the applicant is currently | 17 | | registered and, if registered, at what address . | 18 | | (d) The Office of the Secretary of State shall not require | 19 | | an applicant for a driver's license or State identification | 20 | | card to provide duplicate identification or information in | 21 | | order to complete an application to register to vote or change | 22 | | his or her registered residence address or name. Before | 23 | | transmitting any personal information about an applicant to | 24 | | the State Board of Elections, the Office of the Secretary of | 25 | | State shall review its records of the identification documents | 26 | | the applicant provided in order to complete the application |
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| 1 | | for a driver's license or State identification card , to | 2 | | confirm that nothing in those documents indicates that the | 3 | | applicant does not satisfy the qualifications to register to | 4 | | vote in Illinois at his or her residence address. If the | 5 | | applicant provides the Office of the Secretary of State with | 6 | | an address designated by the Attorney General as a substitute | 7 | | mailing address under Section 15 of the Address | 8 | | Confidentiality for Victims of Domestic Violence, Sexual | 9 | | Assault, Human Trafficking, or Stalking Act or is a judicial | 10 | | officer of peace officer who provides the Office of the | 11 | | Secretary of State with a work address instead of a residence | 12 | | address, as authorized by subsection (a) of Section 6-106 of | 13 | | the Illinois Vehicle Code, the applicant shall not be offered | 14 | | voter registration by the Office of the Secretary of State. | 15 | | (e) A completed, signed application for (i) a driver's | 16 | | license or permit , other than a temporary visitor's driver's | 17 | | license, or a State identification card issued by the Office | 18 | | of the Secretary of State that includes the presentation of | 19 | | documentation that establishes that the applicant is a United | 20 | | States citizen and is of age to register to vote or for which | 21 | | the information provided to the Office of the Secretary of | 22 | | State under subsection (c) indicates that the applicant is | 23 | | currently registered to vote in Illinois , that meets the | 24 | | requirements of the federal REAL ID Act of 2005 ; or (ii) a | 25 | | completed application under subsection (b-5) of this Section | 26 | | with a separate signature attesting the applicant meets the |
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| 1 | | qualifications to register to vote in Illinois at his or her | 2 | | residence address as indicated on his or her application shall | 3 | | constitute a signed application to register to vote in | 4 | | Illinois at the residence address indicated in the application | 5 | | unless the person affirmatively declined in the application to | 6 | | register to vote or to change his or her registered residence | 7 | | address or name . If the identification documents provided to | 8 | | complete the dual-purpose application indicate that the | 9 | | applicant he or she does not satisfy the qualifications to | 10 | | register to vote in Illinois at the specified his or her | 11 | | residence address, the application shall be marked as | 12 | | incomplete. | 13 | | (f) For each completed and signed application that | 14 | | constitutes an application to register to vote in Illinois or | 15 | | provides for a change in the applicant's registered residence | 16 | | address or name, the Office of the Secretary of State shall | 17 | | electronically transmit to the State Board of Elections | 18 | | personal information needed to complete the person's | 19 | | registration to vote in Illinois at the specified his or her | 20 | | residence address , including the applicant's choice language | 21 | | preference as indicated by the applicant or as otherwise | 22 | | collected by the Office of the Secretary of State during the | 23 | | permitting, licensing, or identification card transaction . The | 24 | | application to register to vote shall be processed in | 25 | | accordance with Section 1A-16.7. | 26 | | (g) Documentation that establishes that the applicant is a |
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| 1 | | United States citizen shall include: | 2 | | (1) a valid, unexpired United States passport or | 3 | | passport card or a United States passport or passport card | 4 | | that has been expired for no more than 2 years; | 5 | | (2) a certified copy of a birth certificate filed with | 6 | | the Division of Vital Records or an equivalent agency in | 7 | | the individual's state of birth; | 8 | | (3) a Consular Report of Birth Abroad issued by the | 9 | | United States Department of State, Form FS-240, DS-1350, | 10 | | or FS-545; and | 11 | | (4) a Certificate of Citizenship issued by the United | 12 | | States Department of Homeland Security, Form N-560 or form | 13 | | N-561. If the federal REAL ID Act of 2005 is repealed, | 14 | | abrogated, superseded, or otherwise no longer in effect, | 15 | | then the State Board of Elections shall establish criteria | 16 | | for determining reliable personal information indicating | 17 | | citizenship status and shall adopt rules as necessary for | 18 | | the Secretary of State to continue processing dual-purpose | 19 | | applications under this Section. | 20 | | (h) As used in this Section, "dual-purpose application" | 21 | | means an application, an application for renewal or , a change | 22 | | of address form, or a recertification form for driver's | 23 | | license or permit, other than a temporary visitor's driver's | 24 | | license, or a State identification card offered by the | 25 | | Secretary of State that also serves as an application to | 26 | | register to vote in Illinois. "Dual-purpose application" does |
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| 1 | | not mean an application under subsection (c) of Section 6-109 | 2 | | of the Illinois Vehicle Code. | 3 | | (i) The changes made to this Section by this amendatory | 4 | | Act of the 103rd General Assembly shall be implemented no | 5 | | later than January 1, 2026. | 6 | | (Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.) | 7 | | (Text of Section after amendment by P.A. 103-210 ) | 8 | | Sec. 1A-16.1. Automatic voter registration; Secretary of | 9 | | State. | 10 | | (a) The Office of the Secretary of State and the State | 11 | | Board of Elections, pursuant to an interagency contract and | 12 | | jointly adopted jointly-adopted rules, shall establish an | 13 | | automatic voter registration program that satisfies the | 14 | | requirements of this Section and other applicable law. | 15 | | (b) If , as part of an application, an application for | 16 | | renewal, or a change of address form, or a recertification | 17 | | form for a driver's license or a State identification card | 18 | | issued by the Office of the Secretary of State , an applicant | 19 | | presents documentation that establishes that the applicant is | 20 | | a United States citizen, as described in subsection (g), and | 21 | | is of age to register to vote or if the information provided to | 22 | | the Office of the Secretary of State under subsection (c) | 23 | | indicates that the applicant is currently registered to vote | 24 | | in Illinois and, upon reviewing the documents and information | 25 | | submitted by the applicant, the Office of the Secretary of |
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| 1 | | State determines that the name or residence address | 2 | | documentation submitted by the applicant differs from the | 3 | | information regarding the applicant provided under subsection | 4 | | (c) meets the requirements of the federal REAL ID Act of 2005 , | 5 | | then that application shall serve as a dual-purpose | 6 | | application , unless the applicant declines in accordance with | 7 | | subsection (g) of Section 1A-16.7 . The dual-purpose | 8 | | application shall: | 9 | | (1) also serve as an application to register to vote | 10 | | in Illinois; | 11 | | (2) allow an applicant to change the applicant's his | 12 | | or her registered residence address or name as it appears | 13 | | on the voter registration rolls; | 14 | | (3) in a single affirmation, including the affirmation | 15 | | required for a driver's license or State identification | 16 | | card, allow the applicant to affirm, under penalty of | 17 | | perjury, to the truth and correctness of the information | 18 | | submitted in the dual-purpose application that is | 19 | | necessary to assess the applicant's eligibility to | 20 | | register to vote or to change the applicant's registered | 21 | | residence address or name as it appears on the voter | 22 | | registration rolls provide the applicant with an | 23 | | opportunity to affirmatively decline to register to vote | 24 | | or to change his or her registered residence address or | 25 | | name by providing a check box on the application form | 26 | | without requiring the applicant to state the reason ; and |
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| 1 | | (4) allow the applicant to notify the Office of the | 2 | | Secretary of State of the applicant's preferred language | 3 | | unless the applicant declines to register to vote or | 4 | | change his or her registered residence address or name, | 5 | | require the applicant to attest, by signature under | 6 | | penalty of perjury as described in subsection (e) of this | 7 | | Section, to meeting the qualifications to register to vote | 8 | | in Illinois at his or her residence address as indicated | 9 | | on his or her driver's license or identification card | 10 | | dual-purpose application . | 11 | | The Office of the Secretary of State shall record the type | 12 | | of documents presented by the applicant that establishes the | 13 | | applicant is a United States citizen as described in | 14 | | subsection (g) and shall enter United States citizenship in a | 15 | | designated field. Based on the entry of United States | 16 | | citizenship in the designated field, the Office of the | 17 | | Secretary of State shall initiate a dual-purpose application | 18 | | through an automated process that is not subject to the | 19 | | discretion of individual employees of the Office of the | 20 | | Secretary of State. | 21 | | (b-5) If , as part of an application, an application for | 22 | | renewal, or a change of address form, or a recertification | 23 | | form for a driver's license or a State identification card | 24 | | issued by the Office of the Secretary of State, other than an | 25 | | application or form that pertains to a standard driver's | 26 | | license or identification card for an applicant who does not |
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| 1 | | have and is not eligible for and does not list a social | 2 | | security number , an applicant presents documentation that | 3 | | neither establishes that the applicant is a United States | 4 | | citizen nor establishes that the applicant is not a United | 5 | | States citizen and the information provided to the Office of | 6 | | the Secretary of State under subsection (c) does not indicate | 7 | | that the applicant is currently registered to vote in Illinois | 8 | | for the applicant, does not meet the requirements of the | 9 | | federal REAL ID Act of 2005 , then that application shall serve | 10 | | as a dual-purpose application . The dual-purpose application | 11 | | that, shall: (1) also serve as an application to register to | 12 | | vote in Illinois; (2) allow an applicant to change his or her | 13 | | registered residence address or name as it appears on the | 14 | | voter registration rolls; and (3) if the applicant chooses to | 15 | | register to vote , shall also serve as an application to | 16 | | register to vote in Illinois. If the applicant chooses to | 17 | | register to vote, the applicant shall be required or to change | 18 | | his or her registered residence address or name, then require | 19 | | the applicant to attest, by a separate signature under penalty | 20 | | of perjury, to meeting the qualifications to register to vote | 21 | | in Illinois at the applicant's his or her residence address as | 22 | | indicated on the his or her dual-purpose application. | 23 | | The dual-purpose application shall allow the applicant to | 24 | | notify the Office of the Secretary of State of the applicant's | 25 | | preferred language. | 26 | | (b-8) If an applicant presents to the Secretary of State |
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| 1 | | documentation that establishes the applicant is not a United | 2 | | States citizen, no application submitted by that applicant | 3 | | shall serve as a dual-purpose application under this Section. | 4 | | (b-10) Before asking any applicant described in subsection | 5 | | (b) to provide the written affirmation described in that | 6 | | subsection, the The Office of the Secretary of State shall | 7 | | clearly and conspicuously inform each applicant in writing: | 8 | | (i) of the qualifications to register to vote in Illinois ; , | 9 | | (ii) of the penalties provided by law for submission of a false | 10 | | voter registration application , including the | 11 | | immigration-related consequences of incorrectly claiming | 12 | | United States citizenship and of the applicant's opportunity | 13 | | not to proceed in order to avoid the penalties; and , (iii) that | 14 | | the , unless the applicant declines to register to vote or | 15 | | update his or her voter registration, his or her dual-purpose | 16 | | application shall also serve as both an application to | 17 | | register to vote and his or her attestation that he or she | 18 | | meets the eligibility requirements for voter registration, and | 19 | | that the his or her application to register to vote or update | 20 | | voter his or her registration will be transmitted to the State | 21 | | Board of Elections for the purpose of registering the person | 22 | | to vote at the residence address to be indicated on the | 23 | | applicant's his or her driver's license or identification | 24 | | card , and (iv) that declining to register to vote is | 25 | | confidential and will not affect any services the person may | 26 | | be seeking from the Office of the Secretary of State . The |
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| 1 | | Office of the Secretary of State may provide additional | 2 | | instructions specific to applicants under subsection (b). | 3 | | (b-15) Before asking any applicant described in subsection | 4 | | (b-5) to provide the attestation described in that subsection, | 5 | | the Office of the Secretary of State shall clearly and | 6 | | conspicuously inform each applicant in writing: (i) of the | 7 | | qualifications to register to vote in Illinois; (ii) of the | 8 | | penalties provided by law for submission of a false voter | 9 | | registration application, including the immigration-related | 10 | | consequences of incorrectly claiming United States citizenship | 11 | | and of the applicant's opportunity to withdraw an application | 12 | | to avoid the penalties; (iii) that the application shall also | 13 | | serve as an application to register to vote and that the | 14 | | application to register to vote or update voter registration | 15 | | will be transmitted to the State Board of Elections for the | 16 | | purpose of registering the person to vote at the residence | 17 | | address to be indicated on the applicant's driver's license or | 18 | | identification card, unless the applicant withdraws the | 19 | | application or declines to register to vote or update the | 20 | | applicant's voter registration; and (iv) that declining to | 21 | | register to vote or withdrawing a voter application is | 22 | | confidential and will not affect any services the person may | 23 | | be seeking from the Office of the Secretary of State. The | 24 | | Office of the Secretary of State may provide additional | 25 | | instructions specific to applicants under subsection (b-5). | 26 | | (c) The Office of the Secretary of State shall review |
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| 1 | | information provided to the Office of the Secretary of State | 2 | | by the State Board of Elections to determine whether each | 3 | | inform each applicant for a driver's license or permit or a | 4 | | State identification card issued by the Office of the | 5 | | Secretary of State, other than an application or form that | 6 | | pertains to a standard driver's license or identification card | 7 | | and does not list a social security number for the applicant, | 8 | | whether the applicant under subsections (b) and (b-5) is | 9 | | currently registered to vote in Illinois and, if registered, | 10 | | at what address , and shall inform each applicant described in | 11 | | subsection (b-5) for a driver's license or permit or State | 12 | | identification card issued by the Office of the Secretary of | 13 | | State whether the applicant is currently registered and, if | 14 | | registered, at what address . | 15 | | (d) The Office of the Secretary of State shall not require | 16 | | an applicant for a driver's license or State identification | 17 | | card to provide duplicate identification or information in | 18 | | order to complete an application to register to vote or change | 19 | | his or her registered residence address or name. Before | 20 | | transmitting any personal information about an applicant to | 21 | | the State Board of Elections, the Office of the Secretary of | 22 | | State shall review its records of the identification documents | 23 | | the applicant provided in order to complete the application | 24 | | for a driver's license or State identification card , to | 25 | | confirm that nothing in those documents indicates that the | 26 | | applicant does not satisfy the qualifications to register to |
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| 1 | | vote in Illinois at his or her residence address. If the | 2 | | applicant provides the Office of the Secretary of State with | 3 | | an address designated by the Attorney General as a substitute | 4 | | mailing address under Section 15 of the Address | 5 | | Confidentiality for Victims of Domestic Violence, Sexual | 6 | | Assault, Human Trafficking, or Stalking Act or is a judicial | 7 | | officer of peace officer who provides the Office of the | 8 | | Secretary of State with a work address instead of a residence | 9 | | address, as authorized by subsection (a) of Section 6-106 of | 10 | | the Illinois Vehicle Code, the applicant shall not be offered | 11 | | voter registration by the Office of the Secretary of State. | 12 | | (e) A completed, signed application for (i) a driver's | 13 | | license or permit or a State identification card issued by the | 14 | | Office of the Secretary of State that includes the | 15 | | presentation of documentation that establishes that the | 16 | | applicant is a United States citizen and is of age to register | 17 | | to vote or for which the information provided to the Office of | 18 | | the Secretary of State under subsection (c) indicates that the | 19 | | applicant is currently registered to vote in Illinois , that | 20 | | meets the requirements of the federal REAL ID Act of 2005 ; or | 21 | | (ii) a completed application under subsection (b-5) of this | 22 | | Section with a separate signature attesting the applicant | 23 | | meets the qualifications to register to vote in Illinois at | 24 | | his or her residence address as indicated on his or her | 25 | | application shall constitute a signed application to register | 26 | | to vote in Illinois at the residence address indicated in the |
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| 1 | | application unless the person affirmatively declined in the | 2 | | application to register to vote or to change his or her | 3 | | registered residence address or name . If the identification | 4 | | documents provided to complete the dual-purpose application | 5 | | indicate that the applicant he or she does not satisfy the | 6 | | qualifications to register to vote in Illinois at the | 7 | | specified his or her residence address, the application shall | 8 | | be marked as incomplete. | 9 | | (f) For each completed and signed application that | 10 | | constitutes an application to register to vote in Illinois or | 11 | | provides for a change in the applicant's registered residence | 12 | | address or name, the Office of the Secretary of State shall | 13 | | electronically transmit to the State Board of Elections | 14 | | personal information needed to complete the person's | 15 | | registration to vote in Illinois at the specified his or her | 16 | | residence address , including the applicant's choice language | 17 | | preference as indicated by the applicant or as otherwise | 18 | | collected by the Office of the Secretary of State during the | 19 | | permitting, licensing, or identification card transaction . The | 20 | | application to register to vote shall be processed in | 21 | | accordance with Section 1A-16.7. | 22 | | (g) Documentation that establishes that the applicant is a | 23 | | United States citizen shall include: | 24 | | (1) a valid, unexpired United States passport or | 25 | | passport card or a United States passport or passport card | 26 | | that has been expired for no more than 2 years; |
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| 1 | | (2) a certified copy of a birth certificate filed with | 2 | | the Division of Vital Records or an equivalent agency in | 3 | | the individual's state of birth; | 4 | | (3) a Consular Report of Birth Abroad issued by the | 5 | | United States Department of State, Form FS-240, DS-1350, | 6 | | or FS-545; and | 7 | | (4) a Certificate of Citizenship issued by the United | 8 | | States Department of Homeland Security, Form N-560 or form | 9 | | N-561. If the federal REAL ID Act of 2005 is repealed, | 10 | | abrogated, superseded, or otherwise no longer in effect, | 11 | | then the State Board of Elections shall establish criteria | 12 | | for determining reliable personal information indicating | 13 | | citizenship status and shall adopt rules as necessary for | 14 | | the Secretary of State to continue processing dual-purpose | 15 | | applications under this Section. | 16 | | (h) As used in this Section, "dual-purpose application" | 17 | | means an application, an application for renewal or , a change | 18 | | of address form, or a recertification form for driver's | 19 | | license or permit or a State identification card offered by | 20 | | the Secretary of State, other than an application or form that | 21 | | pertains to a standard driver's license or identification card | 22 | | for an applicant who does not have and is not eligible for, a | 23 | | social security number and does not list a social security | 24 | | number for the applicant , that also serves as an application | 25 | | to register to vote in Illinois. "Dual-purpose application" | 26 | | does not mean an application under subsection (c) of Section |
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| 1 | | 6-109 of the Illinois Vehicle Code. | 2 | | (i) The changes made to this Section by this amendatory | 3 | | Act of the 103rd General Assembly shall be implemented no | 4 | | later than January 1, 2026. | 5 | | (Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.) | 6 | | (10 ILCS 5/1A-16.2) | 7 | | Sec. 1A-16.2. Automatic voter registration; designated | 8 | | automatic voter registration agencies. | 9 | | (a) Each designated automatic voter registration agency | 10 | | shall, pursuant to an interagency contract and jointly adopted | 11 | | jointly-adopted rules with the State Board of Elections, agree | 12 | | to participate in an automatic voter registration program | 13 | | established by the State Board of Elections that satisfies the | 14 | | requirements of this Section and other applicable law. If the | 15 | | designated automatic voter registration agency provides | 16 | | applications, applications for renewal, change of address | 17 | | forms, filing, or recertification forms to individuals for | 18 | | services offered by another agency, then the State Board of | 19 | | Elections and the designated automatic voter agency shall | 20 | | consult with the other agency. The State Board of Elections | 21 | | shall consider the current technological capabilities of the | 22 | | designated voter registration agency when drafting interagency | 23 | | contracts and jointly adopted jointly-adopted rules. The State | 24 | | Board of Elections and the designated automatic voter | 25 | | registration agency shall amend these contracts and rules as |
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| 1 | | the technological capabilities of the designated voter | 2 | | registration agencies improve. | 3 | | (b) As provided in subsection (a) of this Section, when | 4 | | each designated automatic voter registration agency provides | 5 | | that collects or cross-references reliable personal | 6 | | information indicating citizenship status may provide that an | 7 | | application or form for a license, permit, program, or service | 8 | | described in subsection (a) that, as part of the application | 9 | | or form, the applicant presents documentation that establishes | 10 | | that the applicant is a United States citizen as described in | 11 | | subsection (g) of Section 1A-16.1, the application or form | 12 | | shall serve as a dual-purpose application , unless the | 13 | | applicant declines in accordance with subsection (g) of | 14 | | Section 1A-16.7 . The dual-purpose application shall: | 15 | | (1) also serve as an application to register to vote | 16 | | in Illinois; | 17 | | (2) allow an applicant to change the applicant's his | 18 | | or her registered residence address or name as it appears | 19 | | on the voter registration rolls; | 20 | | (3) in a single affirmation including the affirmation | 21 | | required for the designated automatic voter registration | 22 | | agency's application, allow the applicant to affirm, under | 23 | | penalty of perjury, to the truth and correctness of | 24 | | information submitted in the dual-purpose application that | 25 | | is necessary to assess the applicant's eligibility to | 26 | | register to vote or to change the applicant's registered |
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| 1 | | residence address or name as it appears on the voter | 2 | | registration rolls provide the applicant with an | 3 | | opportunity to affirmatively decline to register to vote | 4 | | or change his or her registered residence address or name | 5 | | by providing a check box on the application form without | 6 | | requiring the applicant to state the reason ; and | 7 | | (4) allow the applicant to notify the agency of the | 8 | | applicant's preferred language unless the applicant | 9 | | declines to register to vote or to change his or her | 10 | | registered residence address or name, require the | 11 | | applicant to attest, by signature under penalty of | 12 | | perjury, to meeting the qualifications to register to vote | 13 | | in Illinois at his or her residence address as indicated | 14 | | on his or her dual-purpose application . | 15 | | The agency shall record the type of document presented by | 16 | | the applicant that establishes that the applicant is a United | 17 | | States citizen as described in subsection (g) of Section | 18 | | 1A-16.1. | 19 | | (c) As provided in subsection (a) of this Section, when | 20 | | each designated automatic voter registration agency provides | 21 | | that does not collect or cross-reference records containing | 22 | | reliable personal information indicating citizenship status | 23 | | may provide that an application or , an application for | 24 | | renewal, a change of address form, or a recertification form | 25 | | for a license, permit, program, or service described in | 26 | | subsection (a) that, as part of the application of form, the |
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| 1 | | applicant presents documentation that neither establishes that | 2 | | the applicant is a United States citizen nor establishes that | 3 | | the applicant is not a United States citizen, the application | 4 | | or form shall serve as a dual-purpose application if the | 5 | | applicant chooses to register to vote . The dual-purpose | 6 | | application shall: | 7 | | (1) also serve as an application to register to vote | 8 | | in Illinois; | 9 | | (2) allow an applicant to change his or her registered | 10 | | residence address or name as it appears on the voter | 11 | | registration rolls; and | 12 | | (3) if the applicant chooses to register to vote or to | 13 | | change the applicant's his or her registered residence | 14 | | address or name, then require the applicant to attest, by | 15 | | a separate signature under penalty of perjury, to meeting | 16 | | the qualifications to register to vote in Illinois at his | 17 | | or her residence address as indicated on his or her | 18 | | dual-purpose application ; and . | 19 | | (4) allow the applicant to notify the agency of the | 20 | | applicant's preferred language. | 21 | | (c-1) If an applicant presents documentation to the | 22 | | designated automatic voter registration agency that | 23 | | establishes that the applicant is not a United States citizen | 24 | | or the applicant attests that the applicant is not a United | 25 | | States citizen, no application submitted by that applicant | 26 | | shall serve as a dual-purpose application under this Section. |
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| 1 | | (c-5) Before asking any applicant described in subsection | 2 | | (b) of this Section to provide the affirmation described in | 3 | | that subsection, the The designated automatic voter | 4 | | registration agency shall clearly and conspicuously inform | 5 | | each applicant in writing: (i) of the qualifications to | 6 | | register to vote in Illinois ; , (ii) of the penalties provided | 7 | | by law for submission of a false voter registration | 8 | | application, including the immigration-related consequences of | 9 | | incorrectly claiming United States citizenship and of the | 10 | | applicant's opportunity not to proceed in order to avoid the | 11 | | penalties; (iii) that the application shall serve as an | 12 | | application to register to vote or change the applicant's | 13 | | voter registration, and that the application , unless the | 14 | | applicant declines to register to vote or update his or her | 15 | | voter registration, his or her application shall also serve as | 16 | | both an application to register to vote and his or her | 17 | | attestation that he or she meets the eligibility requirements | 18 | | for voter registration, and that his or her application to | 19 | | register to vote or update his or her registration will be | 20 | | transmitted to the State Board of Elections for the purpose of | 21 | | registering the person to vote at the residence address to be | 22 | | indicated on the dual-purpose application ; , (iv) that | 23 | | information identifying the agency at which he or she applied | 24 | | to register to vote is confidential ; , (v) that declining to | 25 | | register to vote is confidential and will not affect any | 26 | | services the person may be seeking from the agency, and (v) |
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| 1 | | (vi) any additional information needed in order to comply with | 2 | | Section 7 of the federal National Voter Registration Act of | 3 | | 1993. The designated automatic voter registration agency may | 4 | | provide additional instructions specific to applicants under | 5 | | subsection (b). | 6 | | (c-10) Before asking any applicant described in subsection | 7 | | (c) to provide the attestation described in that subsection, | 8 | | the designated automatic voter registration agency shall | 9 | | clearly and conspicuously inform each applicant in writing: | 10 | | (i) of the qualifications to register to vote in Illinois; | 11 | | (ii) of the penalties provided by law for submission of a false | 12 | | voter registration application, including the | 13 | | immigration-related consequences of incorrectly claiming | 14 | | United States citizenship, and of the applicant's opportunity | 15 | | to withdraw an application to avoid the penalties; (iii) that | 16 | | the application shall also serve as an application to register | 17 | | to vote or update the applicant's voter registration and that | 18 | | the application to register to vote or update voter | 19 | | registration will be transmitted to the State Board of | 20 | | Elections for the purpose of registering the person to vote at | 21 | | the residence address to be indicated on the dual-purpose | 22 | | application, unless the applicant withdraws the application or | 23 | | declines to register to vote or update the applicant's voter | 24 | | registration; (iv) that information identifying the agency at | 25 | | which the applicant applied to register to vote is | 26 | | confidential; (v) that withdrawing a voter registration |
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| 1 | | application or otherwise declining to register to vote is | 2 | | confidential and will not affect any services the person may | 3 | | be seeking from the agency; and (vi) any additional | 4 | | information needed in order to comply with Section 7 of the | 5 | | federal National Voter Registration Act of 1993. The | 6 | | designated automatic voter registration agency may provide | 7 | | additional instructions specific to applicants under | 8 | | subsection (c). | 9 | | (d) The designated automatic voter registration agency | 10 | | shall review information provided to the agency by the State | 11 | | Board of Elections to inform each applicant covered by | 12 | | subsection (c) whether the applicant is currently registered | 13 | | to vote in Illinois and, if registered, at what address. | 14 | | (e) The designated automatic voter registration agency | 15 | | shall not require an applicant for a dual-purpose application | 16 | | to provide duplicate identification or information in order to | 17 | | complete an application to register to vote or change the | 18 | | applicant's his or her registered residence address or name. | 19 | | Before transmitting any personal information about an | 20 | | applicant to the State Board of Elections, the agency shall | 21 | | review its records of the identification documents the | 22 | | applicant provided or that the agency cross-references in | 23 | | order to complete the dual-purpose application, to confirm | 24 | | that nothing in those documents indicates that the applicant | 25 | | does not satisfy the qualifications to register to vote in | 26 | | Illinois at the applicant's his or her residence address. A |
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| 1 | | completed and signed dual-purpose application, including a | 2 | | completed application under subsection (c) of this Section | 3 | | with a separate signature attesting that the applicant meets | 4 | | the qualifications to register to vote in Illinois at the his | 5 | | or her residence address as indicated on the his or her | 6 | | application, shall constitute an application to register to | 7 | | vote in Illinois at the residence address indicated in the | 8 | | application unless the person affirmatively declined in the | 9 | | application to register to vote or to change his or her | 10 | | registered residence address or name . If the identification | 11 | | documents provided to complete the dual-purpose application, | 12 | | or that the agency cross-references, indicate that the | 13 | | applicant he or she does not satisfy the qualifications to | 14 | | register to vote in Illinois at his or her residence address, | 15 | | the application shall be marked as incomplete. If the | 16 | | applicant provides the designated automatic voter registration | 17 | | agency with an address designated by the Attorney General as a | 18 | | substitute mailing address under Section 15 of the Address | 19 | | Confidentiality for Victims of Domestic Violence, Sexual | 20 | | Assault, Human Trafficking, or Stalking Act, or is a judicial | 21 | | officer or peace officer who provides the designated automatic | 22 | | voter registration agency with a work address instead of a | 23 | | residence address, the applicant shall not be offered voter | 24 | | registration by the designated automatic voter registration | 25 | | agency. | 26 | | (f) For each completed and signed dual-purpose application |
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| 1 | | that constitutes an application to register to vote in | 2 | | Illinois or provides for a change in the applicant's | 3 | | registered residence address or name, the designated automatic | 4 | | voter registration agency shall electronically transmit to the | 5 | | State Board of Elections personal information needed to | 6 | | complete the person's registration to vote in Illinois at his | 7 | | or her residence address , including the applicant's language | 8 | | preference as indicated by the applicant or as otherwise | 9 | | collected by the designated automatic voter registration | 10 | | agency in the course of receiving applications and other forms | 11 | | regarding licenses, permits, programs, and services offered by | 12 | | the designated automatic voter registration agency . The | 13 | | application to register to vote shall be processed in | 14 | | accordance with Section 1A-16.7. | 15 | | (g) As used in this Section: | 16 | | "Designated automatic voter registration agency" or | 17 | | "agency" means the divisions of Family and Community | 18 | | Services and Rehabilitation Services of the Department of | 19 | | Human Services, the Department of Employment Security, the | 20 | | Department of Financial and Professional Regulation, the | 21 | | Department of Natural Resources, or an agency of the | 22 | | local, tribal, State , or federal government that has been | 23 | | determined by the State Board of Elections to have access | 24 | | to reliable personal information and has entered into an | 25 | | interagency contract with the State Board of Elections to | 26 | | participate in the automatic voter registration program |
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| 1 | | under this Section. | 2 | | "Dual-purpose application" means an application, an | 3 | | application for renewal, a change of address form, or a | 4 | | recertification form for a license, permit, program, or | 5 | | service offered by a designated automatic voter | 6 | | registration agency that also serves as an application to | 7 | | register to vote in Illinois. | 8 | | "Reliable personal information" means information | 9 | | about individuals obtained from government sources that | 10 | | may be used to verify whether an individual is eligible to | 11 | | register to vote. | 12 | | (h) (Blank). This Section shall be implemented no later | 13 | | than July 1, 2019. | 14 | | (i) If an agency under this Section receives documentation | 15 | | that an applicant is a United States citizen, as described in | 16 | | subsection (g) of Section 1A-16.1 for more than one person | 17 | | listed on an application for a license, permit, program, or | 18 | | service, each person for whom the agency receives the | 19 | | documentation may be considered an applicant under this | 20 | | Section and the application may serve as a dual-purpose | 21 | | application for each person. | 22 | | (j) The changes made to this Section by this amendatory | 23 | | Act of the 103rd General Assembly shall be implemented no | 24 | | later than January 1, 2026. | 25 | | (Source: P.A. 100-464, eff. 8-28-17.) |
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| 1 | | (10 ILCS 5/1A-16.3 new) | 2 | | Sec. 1A-16.3. Language assistance. | 3 | | (a) Every facility operated by the Driver Services | 4 | | Department of the Office of the Secretary of State and all | 5 | | facilities of a designated voter registration agency located | 6 | | in a political subdivision covered by Section 203 of the | 7 | | federal Voting Rights Act shall display and make plainly | 8 | | visible signage informing applicants about the type of | 9 | | language assistance available. The signage shall be in the | 10 | | covered languages applicable for the political subdivision. | 11 | | (b) Every facility operated by the Driver Services | 12 | | Department of the Office of the Secretary of State and all | 13 | | facilities of a designated voter registration agency located | 14 | | in a political subdivision covered by Section 203 of the | 15 | | federal Voting Rights Act shall make available, in the covered | 16 | | languages, all written materials and verbal communication | 17 | | regarding voter registration for the purpose of processing the | 18 | | applicant's dual-purpose application described in Sections | 19 | | 1A-16.1 and 1A-16.2. Every facility operated by the Driver | 20 | | Services Department of the Office of the Secretary of State | 21 | | and all facilities of a designated voter registration agency | 22 | | shall make available, in the 5 most common non-English | 23 | | languages in this State, all written materials and verbal | 24 | | communications regarding voter registration for the purpose of | 25 | | processing an applicant's dual-purpose application described | 26 | | in Sections 1A-16.1 and 1A-16.2. These materials shall include |
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| 1 | | the notices described in subsection (b-10) of Section 1A-16.1 | 2 | | and subsection (e) of Section 2-105 of the Illinois Vehicle | 3 | | Code, the affirmations described in paragraph (3) of | 4 | | subsection (b) of Section 1A-16.1 and paragraph (3) of | 5 | | subsection (b) of Section 1A-16.2, and the attestations | 6 | | described in subsection (b-5) of Section 1A-16.1 and paragraph | 7 | | (3) of subsection (c) of Section 1A-16.2. | 8 | | (c) In addition to the requirements under subsections (a) | 9 | | and (b), the Driver Services Department of the Office of the | 10 | | Secretary of State, as part of every transaction described in | 11 | | subsections (b) and (b-5) of Section 1A-16.1 completed through | 12 | | its website, and each designated automatic voter registration | 13 | | agency, as defined in subsection (g) of Section 1A-16.2, as | 14 | | part of every transaction described in subsections (b) and (c) | 15 | | of Section 1A-16.2 completed through its website, shall make | 16 | | available, in the covered languages required in any | 17 | | jurisdiction in this State by Section 203 of the federal | 18 | | Voting Rights Act and in the 5 most common non-English | 19 | | languages in this State, all information and questions | 20 | | provided to an applicant regarding voter registration for the | 21 | | purpose of processing the applicant's dual-purpose application | 22 | | as described in Sections 1A-16.1 and 1A-16.2. These materials | 23 | | shall include, but not be limited to, the notices described in | 24 | | subsection (b-10) of Section 1A-16.1 and subsection (e) of | 25 | | Section 2-105 of the Illinois Vehicle Code, the affirmations | 26 | | described in paragraph (3) of subsection (b) of Section |
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| 1 | | 1A-16.1 and paragraph (3) of subsection (b) of Section | 2 | | 1A-16.2, and the attestations described in subsection (b-5) of | 3 | | Section 1A-16.1 and paragraph (3) of subsection (c) of Section | 4 | | 1A-16.2. The Office of the Secretary of the State shall | 5 | | determine the 5 most common non-English languages in this | 6 | | State by referring to the best available data from the United | 7 | | States Census Bureau or other sources that the Office of the | 8 | | Secretary of the State considers relevant and reliable. | 9 | | (10 ILCS 5/1A-16.7) | 10 | | Sec. 1A-16.7. Automatic voter registration. | 11 | | (a) The State Board of Elections shall establish and | 12 | | maintain a portal for automatic government agency voter | 13 | | registration that permits an eligible person to electronically | 14 | | apply to register to vote or to update his or her existing | 15 | | voter registration as provided in Section 1A-16.1 or Section | 16 | | 1A-16.2. The portal shall interface with the online voter | 17 | | registration system established in Section 1A-16.5 of this | 18 | | Code and shall be capable of receiving and processing voter | 19 | | registration application information, including electronic | 20 | | signatures, from the Office of the Secretary of State and each | 21 | | designated automatic voter registration agency, as defined in | 22 | | Section 1A-16.2. The State Board of Elections may | 23 | | cross-reference voter registration information from any | 24 | | designated automatic voter registration agency, as defined | 25 | | under Section 1A-16.2 of this Code, with information contained |
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| 1 | | in the database of the Secretary of State as provided under | 2 | | subsection (c) of Section 1A-16.5 of this Code. The State | 3 | | Board of Elections shall modify the online voter registration | 4 | | system as necessary to implement this Section. | 5 | | (b) Voter registration data received from the Office of | 6 | | the Secretary of State or a designated automatic voter | 7 | | registration agency through the online registration | 8 | | application system shall be processed as provided in Section | 9 | | 1A-16.5 of this Code. | 10 | | (c) The State Board of Elections shall establish technical | 11 | | specifications applicable to each automatic government | 12 | | registration program, including data format and transmission | 13 | | specifications. The Office of the Secretary of State and each | 14 | | designated automatic voter registration agency shall maintain | 15 | | a data transfer mechanism capable of transmitting voter | 16 | | registration application information, including electronic | 17 | | signatures where available, to the online voter registration | 18 | | system established in Section 1A-16.5 of this Code. | 19 | | (d) The State Board of Elections shall, by rule, establish | 20 | | criteria and procedures for determining whether an agency of | 21 | | the State or federal government seeking to become a designated | 22 | | automatic voter registration agency in the course of receiving | 23 | | applications and other forms regarding licenses, permits, | 24 | | programs, and services offered by the agency, receives | 25 | | documentation that an applicant is a United States citizen, as | 26 | | described in subsection (g) of Section 1A-16.1 has access to |
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| 1 | | reliable personal information, as defined under this | 2 | | subsection (d) and subsection (f) of Section 1A-16.2 of this | 3 | | Code , and otherwise meets the requirements to enter into an | 4 | | interagency contract and to operate as a designated automatic | 5 | | voter registration agency. The State Board of Elections shall | 6 | | approve each interagency contract upon affirmative vote of a | 7 | | majority of its members. | 8 | | As used in this subsection (d), "reliable personal | 9 | | information" means information about individuals obtained from | 10 | | government sources that may be used to verify whether an | 11 | | individual is eligible to register to vote. | 12 | | (e) Whenever an applicant's data is transferred from the | 13 | | Office of the Secretary of State or a designated automatic | 14 | | voter registration agency, the agency must transmit a | 15 | | signature image if available. If no signature image was | 16 | | provided by the agency and , or if no signature image is | 17 | | available in the Office of the Secretary of State's database | 18 | | or the statewide voter registration database, or other | 19 | | database available to the State Board of Elections, the | 20 | | applicant must be notified that voter his or her registration | 21 | | will remain in a pending status until the applicant: , and the | 22 | | applicant will be required to | 23 | | (1) provides provide identification that complies with | 24 | | the federal Help America Vote Act of 2002 and a signature | 25 | | to the election authority on election day in the polling | 26 | | place or during early voting ; . |
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| 1 | | (2) provides identification that complies with the | 2 | | federal Help America Vote Act of 2002 and a signature with | 3 | | a mail ballot, or provides a signature in accordance with | 4 | | the procedures described in subsection (g-5) of Section | 5 | | 19-8; or | 6 | | (3) provides a signature in response to the notice | 7 | | described in subsection (g) or by other paper or | 8 | | electronic means determined by the State Board of | 9 | | Elections. | 10 | | (f) Upon receipt of personal information collected and | 11 | | transferred by the Office of the Secretary of State or a | 12 | | designated automatic voter registration agency, the State | 13 | | Board of Elections shall check the information against the | 14 | | statewide voter registration database. The State Board of | 15 | | Elections shall create and electronically transmit to the | 16 | | appropriate election authority a voter registration | 17 | | application for any individual who is not registered to vote | 18 | | in Illinois and is not disqualified as provided in this | 19 | | Section or whose information reliably indicates a more recent | 20 | | update to the name or address of a person already included in | 21 | | the statewide voter database. The election authority shall | 22 | | process the application accordingly. If the individual | 23 | | provides the Office of the Secretary of State or a designated | 24 | | automatic voter registration agency with an address designated | 25 | | by the Attorney General as a substitute mailing address under | 26 | | Section 15 of the Address Confidentiality for Victims of |
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| 1 | | Domestic Violence, Sexual Assault, Human Trafficking, or | 2 | | Stalking Act or if the State Board of Elections otherwise | 3 | | determines that the individual is a program participant under | 4 | | Section 10 of the Address Confidentiality for Victims of | 5 | | Domestic Violence, Sexual Assault, Human Trafficking, or | 6 | | Stalking Act, the State Board of Elections shall not create or | 7 | | electronically transmit to an election authority a voter | 8 | | registration the application for the individual. The State | 9 | | Board of Elections may provide alternative voter registration | 10 | | procedures for the individuals described in this subsection. | 11 | | (g) The appropriate election authority shall ensure that | 12 | | any applicant about whom it receives information from the | 13 | | State Board of Elections under subsection (f) who is | 14 | | registered to vote or whose existing voter registration is | 15 | | updated under this Section is promptly sent written notice of | 16 | | the change. The notice required by this subsection (g) may be | 17 | | sent or combined with other notices required or permitted by | 18 | | law, including, but not limited to, any notices sent pursuant | 19 | | to Section 1A-16.5 of this Code. Any notice required by this | 20 | | subsection (g) shall contain, at a minimum: (i) the | 21 | | applicant's name and residential address as reflected on the | 22 | | voter registration list; (ii) a statement notifying the | 23 | | applicant to contact the appropriate election authority if his | 24 | | or her voter registration has been updated in error; (iii) the | 25 | | qualifications to register to vote in Illinois; (iv) a | 26 | | statement notifying the applicant that he or she may opt out of |
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| 1 | | voter registration or request a change to his or her | 2 | | registration information at any time by contacting an election | 3 | | official; and (iii) (v) contact information for the | 4 | | appropriate election authority, including a phone number, | 5 | | address, electronic mail address, and website address. | 6 | | For an applicant under subsection (b) of Section 1A-16.1 | 7 | | or subsection (b) of Section 1A-16.2 who is not currently | 8 | | registered to vote in Illinois, the notice shall be sent | 9 | | within 5 business days after the transmission of the voter | 10 | | registration application to the election authority and shall | 11 | | contain: | 12 | | (1) the following statement: "After your recent visit | 13 | | to [an Illinois Secretary of State Driver Services | 14 | | Facility, or designated automatic voter registration | 15 | | agency] we started an automatic voter registration process | 16 | | for you. You will be registered to vote unless you | 17 | | complete, sign, and return this card by [deadline date]."; | 18 | | (2) the notices required by Section 5(c)(2) of the | 19 | | National Voter Registration Act of 1993; and | 20 | | (3) an opportunity to provide a signature as described | 21 | | in subsection (e) and to select a language for election | 22 | | materials if applicable to the jurisdiction, by prepaid | 23 | | postage. | 24 | | For an applicant under subsection (b) of Section 1A-16.1 | 25 | | or subsections (b) of Section 1A-16.2 who is currently | 26 | | registered to vote in Illinois and whose application contains |
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| 1 | | a change in the applicant's registered residence address or | 2 | | name, the notice shall be sent within 5 business days after the | 3 | | transmission of the voter registration application to the | 4 | | election authority and shall contain: | 5 | | (1) the following statement: "After your recent visit | 6 | | to [an Illinois Secretary of State Driver Services | 7 | | Facility or designated automatic voter registration | 8 | | agency], we started an update to your voter registration. | 9 | | Your voter registration will be updated unless you | 10 | | complete, sign and return this card by [deadline date]."; | 11 | | (2) the notices required by Section 5(c)(2) of the | 12 | | National Voter Registration Act of 1993; and | 13 | | (3) an opportunity to provide a signature as described | 14 | | in subsection (e), and to select a language for election | 15 | | materials if applicable to the jurisdiction, by prepaid | 16 | | postage. | 17 | | Any notice required by this subsection shall, at a | 18 | | minimum, be provided in languages for which there is coverage | 19 | | for the jurisdiction of the election authority under Section | 20 | | 203 of the federal Voting Rights Act, as identified by the | 21 | | United States Census Bureau in the Federal Register. Any | 22 | | notice required by this subsection must also comply with all | 23 | | applicable, federal, State, and local laws, regulations, and | 24 | | ordinances that relate to providing language access to | 25 | | individuals with limited English proficiency. If the State | 26 | | Board of Elections has received language preference |
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| 1 | | information regarding the applicant and has transmitted that | 2 | | information to the appropriate election authority, the | 3 | | appropriate election authority shall take all practicable | 4 | | measures to send the notice to the applicant in the | 5 | | applicant's preferred language. | 6 | | (g-5) If an applicant under subsection (b) of Section | 7 | | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the | 8 | | notice described in subsection (g) declining to be registered | 9 | | within 23 days after the mailing of the notice, the applicant | 10 | | shall not be registered to vote and the applicant shall be | 11 | | deemed not to have attempted to register to vote. If an | 12 | | applicant under subsection (b) of Section 1A-16.1 or | 13 | | subsection (b) of Section 1A-16.2 returns the notice described | 14 | | in subsection (g) declining or correcting the update within 23 | 15 | | days after the mailing of the notice, the applicant's update | 16 | | shall be declined or corrected in the statewide voter | 17 | | registration database. If an applicant returns the notice | 18 | | described in subsection (g) but does not do so within 23 days | 19 | | after the mailing of the notice, then the applicant shall be | 20 | | registered to vote under the name and address contained in the | 21 | | dual-purpose application. If an applicant returns the notice | 22 | | described in subsection (g) declining to be registered or | 23 | | declining or correcting the update more than 23 days after the | 24 | | mailing of the notice, then the notice shall be processed as a | 25 | | request to cancel or update the applicant's registration. | 26 | | During the 23-day period specified in this subsection, an |
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| 1 | | applicant's voter registration or updated voter registration | 2 | | shall be in a pending status. | 3 | | (g-6) If an applicant under subsection (b) of Section | 4 | | 1A-16.1 or subsection (b) of Section 1A-16.2 returns the | 5 | | notice indicating a language preference, the language | 6 | | preference shall be retained as part of the person's | 7 | | registration information. | 8 | | (h) The appropriate election authority shall ensure that | 9 | | any applicant whose voter registration application is not | 10 | | accepted or deemed incomplete is promptly sent written notice | 11 | | of the application's status. The notice required by this | 12 | | subsection may be sent or combined with other notices required | 13 | | or permitted by law, including, but not limited to, any | 14 | | notices sent pursuant to Section 1A-16.5 of this Code. Any | 15 | | notice required by this subsection (h) shall contain, at a | 16 | | minimum, the reason the application was not accepted or deemed | 17 | | incomplete and contact information for the appropriate | 18 | | election authority, including a phone number, address, | 19 | | electronic mail address, and website address. | 20 | | (i) If the Office of the Secretary of State or a designated | 21 | | automatic voter registration agency transfers information, or | 22 | | if the State Board of Elections creates and transmits a voter | 23 | | registration application, for a person who does not qualify as | 24 | | an eligible voter, then it shall not constitute a completed | 25 | | voter registration form, and the person shall not be | 26 | | considered to have registered to vote. |
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| 1 | | (j) If the registration is processed by any election | 2 | | authority, then it shall be presumed to have been effected and | 3 | | officially authorized by the State, and that person shall not | 4 | | be found on that basis to have made a false claim to | 5 | | citizenship or to have committed an act of moral turpitude, | 6 | | nor shall that person be subject to penalty under any relevant | 7 | | laws, including, but not limited to, Sections 29-10 and 29-19 | 8 | | of this Code. This subsection (j) does not apply to a person | 9 | | who knows that he or she is not entitled to register to vote | 10 | | and who willfully votes, registers to vote, or attests under | 11 | | penalty of perjury that he or she is eligible to register to | 12 | | vote or willfully attempts to vote or to register to vote. | 13 | | (k) The State Board of Elections, the Office of the | 14 | | Secretary of State, and each designated automatic voter | 15 | | registration agency shall implement policies and procedures to | 16 | | protect the privacy and security of voter information as it is | 17 | | acquired, stored, and transmitted among agencies, including | 18 | | policies for the retention and preservation of voter | 19 | | information. Information designated as confidential under this | 20 | | Section may be recorded and shared among the State Board of | 21 | | Elections, election authorities, the Office of the Secretary | 22 | | of State, and designated automatic voter registration | 23 | | agencies, but shall be used only for voter registration | 24 | | purposes, shall not be disclosed to the public except in the | 25 | | aggregate as required by subsection (m) of this Section, and | 26 | | shall not be subject to the Freedom of Information Act. The |
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| 1 | | following information shall be designated as confidential: | 2 | | (1) any portion of an applicant's Social Security | 3 | | number; | 4 | | (2) any portion of an applicant's driver's license | 5 | | number or State identification number; | 6 | | (3) an applicant's decision to decline voter | 7 | | registration; | 8 | | (4) the identity of the person providing information | 9 | | relating to a specific applicant; and | 10 | | (5) the personal residence and contact information of | 11 | | any applicant for whom notice has been given by an | 12 | | appropriate legal authority ; and . | 13 | | (6) the personal residence and contact information | 14 | | relating to an applicant who returns a notice described | 15 | | subsection (g) declining to register to vote that was | 16 | | received by the election authority within 23 days after | 17 | | mailing the notice or for whom the 23-day period has not | 18 | | passed. | 19 | | This subsection (k) shall not apply to information the | 20 | | State Board of Elections is required to share with the | 21 | | Electronic Registration Information Center. | 22 | | (l) The voter registration procedures implemented under | 23 | | this Section shall comport with the federal National Voter | 24 | | Registration Act of 1993, as amended, and shall specifically | 25 | | require that the State Board of Elections track registration | 26 | | data received through the online registration system that |
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| 1 | | originated from a designated automatic voter registration | 2 | | agency for the purposes of maintaining statistics. | 3 | | Nothing in this Code shall require designated voter | 4 | | registration agencies to transmit information that is | 5 | | confidential client information under State or federal law | 6 | | without the consent of the applicant. | 7 | | (m) The State Board of Elections, each election authority | 8 | | that maintains a website, the Office of the Secretary of | 9 | | State, and each designated automatic voter registration agency | 10 | | that maintains a website shall provide information on their | 11 | | websites informing the public about the new registration | 12 | | procedures described in this Section. The Office of the | 13 | | Secretary of State and each designated automatic voter | 14 | | registration agency shall display signage or provide | 15 | | literature for the public containing information about the new | 16 | | registration procedures described in this Section. | 17 | | (n) No later than 6 months after the effective date of this | 18 | | amendatory Act of the 100th General Assembly, the State Board | 19 | | of Elections shall hold at least one public hearing on | 20 | | implementing this amendatory Act of the 100th General Assembly | 21 | | at which the public may provide input. | 22 | | (o) The State Board of Elections shall submit an annual | 23 | | public report to the General Assembly and the Governor | 24 | | detailing the progress made to implement this Section. The | 25 | | report shall include all of the following: the number of | 26 | | records transferred under this Section by agency, the number |
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| 1 | | of voters newly added to the statewide voter registration list | 2 | | because of records transferred under this Section by agency, | 3 | | the number of updated registrations under this Section by | 4 | | agency, the number of persons who opted out of voter | 5 | | registration, and the number of voters who submitted voter | 6 | | registration forms using the online procedure described in | 7 | | Section 1A-16.5 of this Code. The 2018 and 2019 annual reports | 8 | | may include less detail if election authorities are not | 9 | | equipped to provide complete information to the State Board of | 10 | | Elections. Any report produced under this subsection (o) shall | 11 | | exclude any information that identifies any individual | 12 | | personally. | 13 | | (p) The State Board of Elections, in consultation with | 14 | | election authorities, the Office of the Secretary of State, | 15 | | designated automatic voter registration agencies, and | 16 | | community organizations, shall adopt rules as necessary to | 17 | | implement the provisions of this Section. | 18 | | (q) The changes made to this Section by this amendatory | 19 | | Act of the 103rd General Assembly shall be implemented no | 20 | | later than January 1, 2026. | 21 | | (Source: P.A. 100-464, eff. 8-28-17.) | 22 | | (10 ILCS 5/1A-16.8) | 23 | | Sec. 1A-16.8. Automatic transfer of registration based | 24 | | upon information from the National Change of Address database | 25 | | and designated automatic voter registration agencies. |
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| 1 | | (a) The State Board of Elections shall cross-reference the | 2 | | statewide voter registration database against the United | 3 | | States Postal Service's National Change of Address database | 4 | | twice each calendar year, April 15 and October 1 in | 5 | | odd-numbered years and April 15 and December 1 in | 6 | | even-numbered years or with the same frequency as in | 7 | | subsection (b) of this Section, and shall share the findings | 8 | | with the election authorities. | 9 | | (b) In addition, beginning no later than September 1, | 10 | | 2017, the State Board of Elections shall utilize data provided | 11 | | as part of its membership in the Electronic Registration | 12 | | Information Center in order to cross-reference the statewide | 13 | | voter registration database against databases of relevant | 14 | | personal information kept by designated automatic voter | 15 | | registration agencies, including, but not limited to, driver's | 16 | | license information kept by the Secretary of State, at least 6 | 17 | | times each calendar year and shall share the findings with | 18 | | election authorities. | 19 | | This subsection (b) shall no longer apply once Sections | 20 | | 1A-16.1 and 1A-16.2 of this Code are fully implemented as | 21 | | determined by the State Board of Elections. Upon a | 22 | | determination by the State Board of Elections of full | 23 | | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, | 24 | | the State Board of Elections shall file notice of full | 25 | | implementation and the inapplicability of this subsection (b) | 26 | | with the Index Department of the Office of the Secretary of |
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| 1 | | State, the Governor, the General Assembly, and the Legislative | 2 | | Reference Bureau. | 3 | | (b-5) The State Board of Elections shall not be required | 4 | | to share any data on any voter attained using the National | 5 | | Change of Address database under subsection (a) of this | 6 | | Section if that voter has a more recent government transaction | 7 | | indicated using the cross-reference under subsection (b) of | 8 | | this Section. If there is contradictory or unclear data | 9 | | between data obtained under subsections (a) and (b) of this | 10 | | Section, then data obtained under subsection (b) of this | 11 | | Section shall take priority. | 12 | | (c) An election authority shall automatically register any | 13 | | voter who has moved into its jurisdiction from another | 14 | | jurisdiction in Illinois or has moved within its jurisdiction | 15 | | provided that: | 16 | | (1) the election authority whose jurisdiction includes | 17 | | the new registration address provides the voter an | 18 | | opportunity to reject the change in registration address | 19 | | through a mailing, sent by non-forwardable mail, to the | 20 | | new registration address, and | 21 | | (2) when the election authority whose jurisdiction | 22 | | includes the previous registration address is a different | 23 | | election authority, then that election authority provides | 24 | | the same opportunity through a mailing, sent by | 25 | | forwardable mail, to the previous registration address. | 26 | | This change in registration shall trigger the same |
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| 1 | | inter-jurisdictional or intra-jurisdictional workflows as if | 2 | | the voter completed a new registration card, including the | 3 | | cancellation of the voter's previous registration. Should the | 4 | | registration of a voter be changed from one address to another | 5 | | within the State and should the voter appear at the polls and | 6 | | offer to vote from the prior registration address, attesting | 7 | | that the prior registration address is the true current | 8 | | address, the voter, if confirmed by the election authority as | 9 | | having been registered at the prior registration address and | 10 | | canceled only by the process authorized by this Section, shall | 11 | | be issued a regular ballot, and the change of registration | 12 | | address shall be canceled. If the election authority is unable | 13 | | to immediately confirm the registration, the voter shall be | 14 | | permitted to register and vote a regular ballot, provided that | 15 | | he or she meets the documentary requirements for same-day | 16 | | registration. If the election authority is unable to confirm | 17 | | the registration and the voter does not meet the requirements | 18 | | for same-day registration, the voter shall be issued a | 19 | | provisional ballot. | 20 | | (c-5) An agency that does not receive documentation that | 21 | | an applicant is a United States citizen, as described in | 22 | | subsection (g) of Section 1A-16.1, may enter into an agreement | 23 | | with the State Board of Elections to transmit information that | 24 | | shall serve only to update an applicant's existing voter | 25 | | registration record. Under the agreement, the agency shall | 26 | | transmit information on all clients who may be registered to |
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| 1 | | vote with a clear indication that the information shall be | 2 | | used only for updates. The State Board of Elections shall | 3 | | determine which applicants are already registered to vote and, | 4 | | for any voter whose information provided to the agency differs | 5 | | from that on the voter registration record, provide that | 6 | | information to the voter's local election authority who shall | 7 | | update a registered voter's records in accordance with the | 8 | | procedures described in Section 1A-16.7. The State Board of | 9 | | Election and local election authority shall take no action | 10 | | under this subsection for any applicant not already registered | 11 | | to vote. | 12 | | This subsection shall be implemented no later than January | 13 | | 1, 2026. | 14 | | (d) No voter shall be disqualified from voting due to an | 15 | | error relating to an update of registration under this | 16 | | Section. | 17 | | (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.) | 18 | | Section 10. The Illinois Vehicle Code is amended by | 19 | | changing Section 2-105 as follows: | 20 | | (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105) | 21 | | Sec. 2-105. Offices of Secretary of State. | 22 | | (a) The Secretary of State shall maintain offices in the | 23 | | State capital and in such other places in the State as he may | 24 | | deem necessary to properly carry out the powers and duties |
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| 1 | | vested in him. | 2 | | (b) The Secretary of State may construct and equip one or | 3 | | more buildings in the State of Illinois outside of the County | 4 | | of Sangamon as he deems necessary to properly carry out the | 5 | | powers and duties vested in him. The Secretary of State may, on | 6 | | behalf of the State of Illinois, acquire public or private | 7 | | property needed therefor by lease, purchase or eminent domain. | 8 | | The care, custody and control of such sites and buildings | 9 | | constructed thereon shall be vested in the Secretary of State. | 10 | | Expenditures for the construction and equipping of any of such | 11 | | buildings upon premises owned by another public entity shall | 12 | | not be subject to the provisions of any State law requiring | 13 | | that the State be vested with absolute fee title to the | 14 | | premises. The exercise of the authority vested in the | 15 | | Secretary of State by this Section is subject to the | 16 | | appropriation of the necessary funds. | 17 | | (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of | 18 | | the Election Code, the Secretary of State shall make driver | 19 | | services facilities available for use as places of accepting | 20 | | applications for voter registration. | 21 | | (d) (Blank). | 22 | | (e) Each applicant person applying at a driver services | 23 | | facility for a driver's license or permit, a corrected | 24 | | driver's license or permit, an Illinois Identification Card | 25 | | identification card or a corrected Illinois Identification | 26 | | Card who has presented documentation establishing United |
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| 1 | | States citizenship as set forth in subsection (g) of Section | 2 | | 1A-16.1 of the Election Code identification card shall be | 3 | | notified, under the procedures set forth in Sections 1A-16.1 | 4 | | and 1A-16.7 of the Election Code, that the applicant's unless | 5 | | he or she affirmatively declines, his or her personal | 6 | | information shall be transferred to the State Board of | 7 | | Elections for the purpose of creating an electronic voter | 8 | | registration application. Each applicant applying at a driver | 9 | | services facility for a driver's license or permit, a | 10 | | corrected driver's license or permit or a State identification | 11 | | card or a corrected Illinois Identification Card who presented | 12 | | documentation that neither establishes that the applicant is a | 13 | | United States citizen nor establishes that the applicant is | 14 | | not a United States citizen, but who affirmatively indicated | 15 | | they wished to apply to register to vote and attested, in | 16 | | writing, to United States citizenship, shall be notified, | 17 | | under the procedures set forth in Sections 1A-16.1 and 1A-16.7 | 18 | | of the Election Code that the applicant's personal information | 19 | | will be transmitted to the State Board of Elections for the | 20 | | purpose of creating an electronic voter registration | 21 | | application. Such notification may be made in writing or | 22 | | verbally issued by an employee or the Secretary of State. | 23 | | The Secretary of State shall promulgate such rules as may | 24 | | be necessary for the efficient execution of his duties and the | 25 | | duties of his employees under this Section. | 26 | | (f) Any person applying at a driver services facility for |
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| 1 | | issuance or renewal of a driver's license or Illinois | 2 | | Identification Card shall be provided, without charge, with a | 3 | | brochure warning the person of the dangers of financial | 4 | | identity theft. The Department of Financial and Professional | 5 | | Regulation shall prepare these brochures and provide them to | 6 | | the Secretary of State for distribution. The brochures shall | 7 | | (i) identify signs warning the reader that he or she might be | 8 | | an intended victim of the crime of financial identity theft, | 9 | | (ii) instruct the reader in how to proceed if the reader | 10 | | believes that he or she is the victim of the crime of identity | 11 | | theft, and (iii) provide the reader with names and telephone | 12 | | numbers of law enforcement and other governmental agencies | 13 | | that provide assistance to victims of financial identity | 14 | | theft. | 15 | | (g) (Blank). The changes made by this amendatory Act of | 16 | | the 100th General Assembly shall be implemented no later than | 17 | | July 1, 2018. | 18 | | (h) The changes made to this Section by this amendatory | 19 | | Act of the 103rd General Assembly shall be implemented no | 20 | | later than January 1, 2026. | 21 | | (Source: P.A. 100-464, eff. 8-28-17.) | 22 | | Section 95. No acceleration or delay. Where this Act makes | 23 | | changes in a statute that is represented in this Act by text | 24 | | that is not yet or no longer in effect (for example, a Section | 25 | | represented by multiple versions), the use of that text does |
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| 1 | | not accelerate or delay the taking effect of (i) the changes | 2 | | made by this Act or (ii) provisions derived from any other | 3 | | Public Act. | 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law. |
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