Sen. Ram Villivalam

Filed: 5/21/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 496

2    AMENDMENT NO. ______. Amend Senate Bill 496 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 1A-16.1, 1A-16.2, 1A-16.7, and 1A-16.8 and by adding
6Section 1A-16.3 as follows:
 
7    (10 ILCS 5/1A-16.1)
8    (Text of Section before amendment by P.A. 103-210)
9    Sec. 1A-16.1. Automatic voter registration; Secretary of
10State.
11    (a) The Office of the Secretary of State and the State
12Board of Elections, pursuant to an interagency contract and
13jointly adopted jointly-adopted rules, shall establish an
14automatic voter registration program that satisfies the
15requirements of this Section and other applicable law.
16    (b) If, as part of an application, an application for

 

 

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1renewal, or a change of address form, or a recertification
2form for a driver's license, other than a temporary visitor's
3driver's license, or a State identification card issued by the
4Office of the Secretary of State, an applicant presents
5documentation that establishes that the applicant is a United
6States citizen, as described in subsection (g), and is of age
7to register to vote or if the information provided to the
8Office of the Secretary of State under subsection (c)
9indicates that the applicant is currently registered to vote
10in Illinois and, upon reviewing the documents and information
11submitted by the applicant, the Office of the Secretary of
12State determines that the name or residence address
13documentation submitted by the applicant differs from the
14information regarding the applicant provided under subsection
15(c) meets the requirements of the federal REAL ID Act of 2005,
16then that application shall serve as a dual-purpose
17application, unless the applicant declines in accordance with
18subsection (g) of Section 1A-16.7. The dual-purpose
19application shall:
20        (1) also serve as an application to register to vote
21    in Illinois;
22        (2) allow an applicant to change the applicant's his
23    or her registered residence address or name as it appears
24    on the voter registration rolls;
25        (3) in a single affirmation, including the affirmation
26    required for a driver's license or State identification

 

 

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1    card, allow the applicant to affirm, under penalty of
2    perjury, to the truth and correctness of the information
3    submitted in the dual-purpose application that is
4    necessary to assess the applicant's eligibility to
5    register to vote or to change the applicant's registered
6    residence address or name as it appears on the voter
7    registration rolls provide the applicant with an
8    opportunity to affirmatively decline to register to vote
9    or to change his or her registered residence address or
10    name by providing a check box on the application form
11    without requiring the applicant to state the reason; and
12        (4) allow the applicant to notify the Office of the
13    Secretary of State of the applicant's preferred language
14    unless the applicant declines to register to vote or
15    change his or her registered residence address or name,
16    require the applicant to attest, by signature under
17    penalty of perjury as described in subsection (e) of this
18    Section, to meeting the qualifications to register to vote
19    in Illinois at his or her residence address as indicated
20    on his or her driver's license or identification card
21    dual-purpose application.
22    The Office of the Secretary of State shall record the type
23of documents presented by the applicant that establishes the
24applicant is a United States citizen as described in
25subsection (g) and shall enter United States citizenship in a
26designated field. Based on the entry of United States

 

 

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

 

 

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1an application to register to vote in Illinois. If the
2applicant chooses to register to vote, the applicant shall be
3required or to change his or her registered residence address
4or name, then require the applicant to attest, by a separate
5signature under penalty of perjury, to meeting the
6qualifications to register to vote in Illinois at the
7applicant's his or her residence address as indicated on the
8his or her dual-purpose application. The dual-purpose
9application shall allow the applicant to notify the Office of
10the Secretary of State of the applicant's preferred language.
11    (b-8) If an applicant presents to the Secretary of State
12documentation that establishes the applicant is not a United
13States citizen, no application submitted by that applicant
14shall serve as a dual-purpose application under this Section.
15    (b-10) Before asking any applicant described in subsection
16(b) to provide the written affirmation described in that
17subsection, the The Office of the Secretary of State shall
18clearly and conspicuously inform each applicant in writing:
19(i) of the qualifications to register to vote in Illinois; ,
20(ii) of the penalties provided by law for submission of a false
21voter registration application, including the
22immigration-related consequences of incorrectly claiming
23United States citizenship and of the applicant's opportunity
24not to proceed in order to avoid the penalties; and (iii) that
25the , unless the applicant declines to register to vote or
26update his or her voter registration, his or her dual-purpose

 

 

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

 

 

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1will be transmitted to the State Board of Elections for the
2purpose of registering the person to vote at the residence
3address to be indicated on the applicant's driver's license or
4identification card, unless the applicant withdraws the
5application or declines to register to vote or update the
6applicant's voter registration; and (iv) that declining to
7register to vote or withdrawing a voter application is
8confidential and will not affect any services the person may
9be seeking from the Office of the Secretary of State. The
10Office of the Secretary of State may provide additional
11instructions specific to applicants under subsection (b-5).
12    (c) The Office of the Secretary of State shall review
13information provided to the Office of the Secretary of State
14by the State Board of Elections to determine inform each
15applicant for a driver's license or permit, other than a
16temporary visitor's driver's license, or a State
17identification card issued by the Office of the Secretary of
18State whether each the applicant under subsections (b) and
19(b-5) is currently registered to vote in Illinois and, if
20registered, at what address, and shall inform each applicant
21described in subsection (b-5) for a driver's license or permit
22or State identification card issued by the Office of the
23Secretary of State whether the applicant is currently
24registered and, if registered, at what address.
25    (d) The Office of the Secretary of State shall not require
26an applicant for a driver's license or State identification

 

 

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1card to provide duplicate identification or information in
2order to complete an application to register to vote or change
3his or her registered residence address or name. Before
4transmitting any personal information about an applicant to
5the State Board of Elections, the Office of the Secretary of
6State shall review its records of the identification documents
7the applicant provided in order to complete the application
8for a driver's license or State identification card, to
9confirm that nothing in those documents indicates that the
10applicant does not satisfy the qualifications to register to
11vote in Illinois at his or her residence address. If the
12applicant provides the Office of the Secretary of State with
13an address designated by the Attorney General as a substitute
14mailing address under Section 15 of the Address
15Confidentiality for Victims of Domestic Violence, Sexual
16Assault, Human Trafficking, or Stalking Act or is a judicial
17officer of peace officer who provides the Office of the
18Secretary of State with a work address instead of a residence
19address, as authorized by subsection (a) of Section 6-106 of
20the Illinois Vehicle Code, the applicant shall not be offered
21voter registration by the Office of the Secretary of State.
22    (e) A completed, signed application for (i) a driver's
23license or permit, other than a temporary visitor's driver's
24license, or a State identification card issued by the Office
25of the Secretary of State that includes the presentation of
26documentation that establishes that the applicant is a United

 

 

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1States citizen and is of age to register to vote or for which
2the information provided to the Office of the Secretary of
3State under subsection (c) indicates that the applicant is
4currently registered to vote in Illinois , that meets the
5requirements of the federal REAL ID Act of 2005; or (ii) a
6completed application under subsection (b-5) of this Section
7with a separate signature attesting the applicant meets the
8qualifications to register to vote in Illinois at his or her
9residence address as indicated on his or her application shall
10constitute a signed application to register to vote in
11Illinois at the residence address indicated in the application
12unless the person affirmatively declined in the application to
13register to vote or to change his or her registered residence
14address or name. If the identification documents provided to
15complete the dual-purpose application indicate that the
16applicant he or she does not satisfy the qualifications to
17register to vote in Illinois at the specified his or her
18residence address, the application shall be marked as
19incomplete.
20    (f) For each completed and signed application that
21constitutes an application to register to vote in Illinois or
22provides for a change in the applicant's registered residence
23address or name, the Office of the Secretary of State shall
24electronically transmit to the State Board of Elections
25personal information needed to complete the person's
26registration to vote in Illinois at the specified his or her

 

 

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1residence address, including the applicant's choice language
2preference as indicated by the applicant or as otherwise
3collected by the Office of the Secretary of State during the
4permitting, licensing, or identification card transaction. The
5application to register to vote shall be processed in
6accordance with Section 1A-16.7.
7    (g) Documentation that establishes that the applicant is a
8United States citizen shall include:
9        (1) a valid, unexpired United States passport or
10    passport card or a United States passport or passport card
11    that has been expired for no more than 2 years;
12        (2) a certified copy of a birth certificate filed with
13    the Division of Vital Records or an equivalent agency in
14    the individual's state of birth;
15        (3) a Consular Report of Birth Abroad issued by the
16    United States Department of State, Form FS-240, DS-1350,
17    or FS-545; and
18        (4) a Certificate of Citizenship issued by the United
19    States Department of Homeland Security, Form N-560 or form
20    N-561. If the federal REAL ID Act of 2005 is repealed,
21    abrogated, superseded, or otherwise no longer in effect,
22    then the State Board of Elections shall establish criteria
23    for determining reliable personal information indicating
24    citizenship status and shall adopt rules as necessary for
25    the Secretary of State to continue processing dual-purpose
26    applications under this Section.

 

 

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1    (h) As used in this Section, "dual-purpose application"
2means an application, an application for renewal or , a change
3of address form, or a recertification form for driver's
4license or permit, other than a temporary visitor's driver's
5license, or a State identification card offered by the
6Secretary of State that also serves as an application to
7register to vote in Illinois. "Dual-purpose application" does
8not mean an application under subsection (c) of Section 6-109
9of the Illinois Vehicle Code.
10    (i) The changes made to this Section by this amendatory
11Act of the 103rd General Assembly shall be implemented no
12later than January 1, 2026.
13(Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
 
14    (Text of Section after amendment by P.A. 103-210)
15    Sec. 1A-16.1. Automatic voter registration; Secretary of
16State.
17    (a) The Office of the Secretary of State and the State
18Board of Elections, pursuant to an interagency contract and
19jointly adopted jointly-adopted rules, shall establish an
20automatic voter registration program that satisfies the
21requirements of this Section and other applicable law.
22    (b) If, as part of an application, an application for
23renewal, or a change of address form, or a recertification
24form for a driver's license or a State identification card
25issued by the Office of the Secretary of State, an applicant

 

 

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1presents documentation that establishes that the applicant is
2a United States citizen, as described in subsection (g), and
3is of age to register to vote or if the information provided to
4the Office of the Secretary of State under subsection (c)
5indicates that the applicant is currently registered to vote
6in Illinois and, upon reviewing the documents and information
7submitted by the applicant, the Office of the Secretary of
8State determines that the name or residence address
9documentation submitted by the applicant differs from the
10information regarding the applicant provided under subsection
11(c) meets the requirements of the federal REAL ID Act of 2005,
12then that application shall serve as a dual-purpose
13application, unless the applicant declines in accordance with
14subsection (g) of Section 1A-16.7. The dual-purpose
15application shall:
16        (1) also serve as an application to register to vote
17    in Illinois;
18        (2) allow an applicant to change the applicant's his
19    or her registered residence address or name as it appears
20    on the voter registration rolls;
21        (3) in a single affirmation, including the affirmation
22    required for a driver's license or State identification
23    card, allow the applicant to affirm, under penalty of
24    perjury, to the truth and correctness of the information
25    submitted in the dual-purpose application that is
26    necessary to assess the applicant's eligibility to

 

 

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1    register to vote or to change the applicant's registered
2    residence address or name as it appears on the voter
3    registration rolls provide the applicant with an
4    opportunity to affirmatively decline to register to vote
5    or to change his or her registered residence address or
6    name by providing a check box on the application form
7    without requiring the applicant to state the reason; and
8        (4) allow the applicant to notify the Office of the
9    Secretary of State of the applicant's preferred language
10    unless the applicant declines to register to vote or
11    change his or her registered residence address or name,
12    require the applicant to attest, by signature under
13    penalty of perjury as described in subsection (e) of this
14    Section, to meeting the qualifications to register to vote
15    in Illinois at his or her residence address as indicated
16    on his or her driver's license or identification card
17    dual-purpose application.
18    The Office of the Secretary of State shall record the type
19of documents presented by the applicant that establishes the
20applicant is a United States citizen as described in
21subsection (g) and shall enter United States citizenship in a
22designated field. Based on the entry of United States
23citizenship in the designated field, the Office of the
24Secretary of State shall initiate a dual-purpose application
25through an automated process that is not subject to the
26discretion of individual employees of the Office of the

 

 

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

 

 

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1of perjury, to meeting the qualifications to register to vote
2in Illinois at the applicant's his or her residence address as
3indicated on the his or her dual-purpose application.
4    The dual-purpose application shall allow the applicant to
5notify the Office of the Secretary of State of the applicant's
6preferred language.
7    (b-8) If an applicant presents to the Secretary of State
8documentation that establishes the applicant is not a United
9States citizen, no application submitted by that applicant
10shall serve as a dual-purpose application under this Section.
11    (b-10) Before asking any applicant described in subsection
12(b) to provide the written affirmation described in that
13subsection, the The Office of the Secretary of State shall
14clearly and conspicuously inform each applicant in writing:
15(i) of the qualifications to register to vote in Illinois; ,
16(ii) of the penalties provided by law for submission of a false
17voter registration application, including the
18immigration-related consequences of incorrectly claiming
19United States citizenship and of the applicant's opportunity
20not to proceed in order to avoid the penalties; and , (iii) that
21the , unless the applicant declines to register to vote or
22update his or her voter registration, his or her dual-purpose
23application shall also serve as both an application to
24register to vote and his or her attestation that he or she
25meets the eligibility requirements for voter registration, and
26that the his or her application to register to vote or update

 

 

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

 

 

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

 

 

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

 

 

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1meets the requirements of the federal REAL ID Act of 2005; or
2(ii) a completed application under subsection (b-5) of this
3Section with a separate signature attesting the applicant
4meets the qualifications to register to vote in Illinois at
5his or her residence address as indicated on his or her
6application shall constitute a signed application to register
7to vote in Illinois at the residence address indicated in the
8application unless the person affirmatively declined in the
9application to register to vote or to change his or her
10registered residence address or name. If the identification
11documents provided to complete the dual-purpose application
12indicate that the applicant he or she does not satisfy the
13qualifications to register to vote in Illinois at the
14specified his or her residence address, the application shall
15be marked as incomplete.
16    (f) For each completed and signed application that
17constitutes an application to register to vote in Illinois or
18provides for a change in the applicant's registered residence
19address or name, the Office of the Secretary of State shall
20electronically transmit to the State Board of Elections
21personal information needed to complete the person's
22registration to vote in Illinois at the specified his or her
23residence address, including the applicant's choice language
24preference as indicated by the applicant or as otherwise
25collected by the Office of the Secretary of State during the
26permitting, licensing, or identification card transaction. The

 

 

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1application to register to vote shall be processed in
2accordance with Section 1A-16.7.
3    (g) Documentation that establishes that the applicant is a
4United States citizen shall include:
5        (1) a valid, unexpired United States passport or
6    passport card or a United States passport or passport card
7    that has been expired for no more than 2 years;
8        (2) a certified copy of a birth certificate filed with
9    the Division of Vital Records or an equivalent agency in
10    the individual's state of birth;
11        (3) a Consular Report of Birth Abroad issued by the
12    United States Department of State, Form FS-240, DS-1350,
13    or FS-545; and
14        (4) a Certificate of Citizenship issued by the United
15    States Department of Homeland Security, Form N-560 or form
16    N-561. If the federal REAL ID Act of 2005 is repealed,
17    abrogated, superseded, or otherwise no longer in effect,
18    then the State Board of Elections shall establish criteria
19    for determining reliable personal information indicating
20    citizenship status and shall adopt rules as necessary for
21    the Secretary of State to continue processing dual-purpose
22    applications under this Section.
23    (h) As used in this Section, "dual-purpose application"
24means an application, an application for renewal or , a change
25of address form, or a recertification form for driver's
26license or permit or a State identification card offered by

 

 

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1the Secretary of State, other than an application or form that
2pertains to a standard driver's license or identification card
3for an applicant who does not have and is not eligible for, a
4social security number and does not list a social security
5number for the applicant, that also serves as an application
6to register to vote in Illinois. "Dual-purpose application"
7does not mean an application under subsection (c) of Section
86-109 of the Illinois Vehicle Code.
9    (i) The changes made to this Section by this amendatory
10Act of the 103rd General Assembly shall be implemented no
11later than January 1, 2026.
12(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
 
13    (10 ILCS 5/1A-16.2)
14    Sec. 1A-16.2. Automatic voter registration; designated
15automatic voter registration agencies.
16    (a) Each designated automatic voter registration agency
17shall, pursuant to an interagency contract and jointly adopted
18jointly-adopted rules with the State Board of Elections, agree
19to participate in an automatic voter registration program
20established by the State Board of Elections that satisfies the
21requirements of this Section and other applicable law. If the
22designated automatic voter registration agency provides
23applications, applications for renewal, change of address
24forms, filing, or recertification forms to individuals for
25services offered by another agency, then the State Board of

 

 

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1Elections and the designated automatic voter agency shall
2consult with the other agency. The State Board of Elections
3shall consider the current technological capabilities of the
4designated voter registration agency when drafting interagency
5contracts and jointly adopted jointly-adopted rules. The State
6Board of Elections and the designated automatic voter
7registration agency shall amend these contracts and rules as
8the technological capabilities of the designated voter
9registration agencies improve.
10    (b) As provided in subsection (a) of this Section, when
11each designated automatic voter registration agency provides
12that collects or cross-references reliable personal
13information indicating citizenship status may provide that an
14application or form for a license, permit, program, or service
15described in subsection (a) that, as part of the application
16or form, the applicant presents documentation that establishes
17that the applicant is a United States citizen as described in
18subsection (g) of Section 1A-16.1, the application or form
19shall serve as a dual-purpose application, unless the
20applicant declines in accordance with subsection (g) of
21Section 1A-16.7. The dual-purpose application shall:
22        (1) also serve as an application to register to vote
23    in Illinois;
24        (2) allow an applicant to change the applicant's his
25    or her registered residence address or name as it appears
26    on the voter registration rolls;

 

 

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1        (3) in a single affirmation including the affirmation
2    required for the designated automatic voter registration
3    agency's application, allow the applicant to affirm, under
4    penalty of perjury, to the truth and correctness of
5    information submitted in the dual-purpose application that
6    is necessary to assess the applicant's eligibility to
7    register to vote or to change the applicant's registered
8    residence address or name as it appears on the voter
9    registration rolls provide the applicant with an
10    opportunity to affirmatively decline to register to vote
11    or change his or her registered residence address or name
12    by providing a check box on the application form without
13    requiring the applicant to state the reason; and
14        (4) allow the applicant to notify the agency of the
15    applicant's preferred language unless the applicant
16    declines to register to vote or to change his or her
17    registered residence address or name, require the
18    applicant to attest, by signature under penalty of
19    perjury, to meeting the qualifications to register to vote
20    in Illinois at his or her residence address as indicated
21    on his or her dual-purpose application.
22    The agency shall record the type of document presented by
23the applicant that establishes that the applicant is a United
24States citizen as described in subsection (g) of Section
251A-16.1.
26    (c) As provided in subsection (a) of this Section, when

 

 

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1each designated automatic voter registration agency provides
2that does not collect or cross-reference records containing
3reliable personal information indicating citizenship status
4may provide that an application or , an application for
5renewal, a change of address form, or a recertification form
6for a license, permit, program, or service described in
7subsection (a) that, as part of the application of form, the
8applicant presents documentation that neither establishes that
9the applicant is a United States citizen nor establishes that
10the applicant is not a United States citizen, the application
11or form shall serve as a dual-purpose application if the
12applicant chooses to register to vote. The dual-purpose
13application shall:
14        (1) also serve as an application to register to vote
15    in Illinois;
16        (2) allow an applicant to change his or her registered
17    residence address or name as it appears on the voter
18    registration rolls; and
19        (3) if the applicant chooses to register to vote or to
20    change the applicant's his or her registered residence
21    address or name, then require the applicant to attest, by
22    a separate signature under penalty of perjury, to meeting
23    the qualifications to register to vote in Illinois at his
24    or her residence address as indicated on his or her
25    dual-purpose application; and .
26        (4) allow the applicant to notify the agency of the

 

 

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1    applicant's preferred language.
2    (c-1) If an applicant presents documentation to the
3designated automatic voter registration agency that
4establishes that the applicant is not a United States citizen
5or the applicant attests that the applicant is not a United
6States citizen, no application submitted by that applicant
7shall serve as a dual-purpose application under this Section.
8    (c-5) Before asking any applicant described in subsection
9(b) of this Section to provide the affirmation described in
10that subsection, the The designated automatic voter
11registration agency shall clearly and conspicuously inform
12each applicant in writing: (i) of the qualifications to
13register to vote in Illinois; , (ii) of the penalties provided
14by law for submission of a false voter registration
15application, including the immigration-related consequences of
16incorrectly claiming United States citizenship and of the
17applicant's opportunity not to proceed in order to avoid the
18penalties; (iii) that the application shall serve as an
19application to register to vote or change the applicant's
20voter registration, and that the application , unless the
21applicant declines to register to vote or update his or her
22voter registration, his or her application shall also serve as
23both an application to register to vote and his or her
24attestation that he or she meets the eligibility requirements
25for voter registration, and that his or her application to
26register to vote or update his or her registration will be

 

 

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1transmitted to the State Board of Elections for the purpose of
2registering the person to vote at the residence address to be
3indicated on the dual-purpose application; , (iv) that
4information identifying the agency at which he or she applied
5to register to vote is confidential; , (v) that declining to
6register to vote is confidential and will not affect any
7services the person may be seeking from the agency, and (v)
8(vi) any additional information needed in order to comply with
9Section 7 of the federal National Voter Registration Act of
101993. The designated automatic voter registration agency may
11provide additional instructions specific to applicants under
12subsection (b).
13    (c-10) Before asking any applicant described in subsection
14(c) to provide the attestation described in that subsection,
15the designated automatic voter registration agency shall
16clearly and conspicuously inform each applicant in writing:
17(i) of the qualifications to register to vote in Illinois;
18(ii) of the penalties provided by law for submission of a false
19voter registration application, including the
20immigration-related consequences of incorrectly claiming
21United States citizenship, and of the applicant's opportunity
22to withdraw an application to avoid the penalties; (iii) that
23the application shall also serve as an application to register
24to vote or update the applicant's voter registration and that
25the application to register to vote or update voter
26registration will be transmitted to the State Board of

 

 

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1Elections for the purpose of registering the person to vote at
2the residence address to be indicated on the dual-purpose
3application, unless the applicant withdraws the application or
4declines to register to vote or update the applicant's voter
5registration; (iv) that information identifying the agency at
6which the applicant applied to register to vote is
7confidential; (v) that withdrawing a voter registration
8application or otherwise declining to register to vote is
9confidential and will not affect any services the person may
10be seeking from the agency; and (vi) any additional
11information needed in order to comply with Section 7 of the
12federal National Voter Registration Act of 1993. The
13designated automatic voter registration agency may provide
14additional instructions specific to applicants under
15subsection (c).
16    (d) The designated automatic voter registration agency
17shall review information provided to the agency by the State
18Board of Elections to inform each applicant covered by
19subsection (c) whether the applicant is currently registered
20to vote in Illinois and, if registered, at what address.
21    (e) The designated automatic voter registration agency
22shall not require an applicant for a dual-purpose application
23to provide duplicate identification or information in order to
24complete an application to register to vote or change the
25applicant's his or her registered residence address or name.
26Before transmitting any personal information about an

 

 

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1applicant to the State Board of Elections, the agency shall
2review its records of the identification documents the
3applicant provided or that the agency cross-references in
4order to complete the dual-purpose application, to confirm
5that nothing in those documents indicates that the applicant
6does not satisfy the qualifications to register to vote in
7Illinois at the applicant's his or her residence address. A
8completed and signed dual-purpose application, including a
9completed application under subsection (c) of this Section
10with a separate signature attesting that the applicant meets
11the qualifications to register to vote in Illinois at the his
12or her residence address as indicated on the his or her
13application, shall constitute an application to register to
14vote in Illinois at the residence address indicated in the
15application unless the person affirmatively declined in the
16application to register to vote or to change his or her
17registered residence address or name. If the identification
18documents provided to complete the dual-purpose application,
19or that the agency cross-references, indicate that the
20applicant he or she does not satisfy the qualifications to
21register to vote in Illinois at his or her residence address,
22the application shall be marked as incomplete. If the
23applicant provides the designated automatic voter registration
24agency with an address designated by the Attorney General as a
25substitute mailing address under Section 15 of the Address
26Confidentiality for Victims of Domestic Violence, Sexual

 

 

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1Assault, Human Trafficking, or Stalking Act, or is a judicial
2officer or peace officer who provides the designated automatic
3voter registration agency with a work address instead of a
4residence address, the applicant shall not be offered voter
5registration by the designated automatic voter registration
6agency.
7    (f) For each completed and signed dual-purpose application
8that constitutes an application to register to vote in
9Illinois or provides for a change in the applicant's
10registered residence address or name, the designated automatic
11voter registration agency shall electronically transmit to the
12State Board of Elections personal information needed to
13complete the person's registration to vote in Illinois at his
14or her residence address, including the applicant's language
15preference as indicated by the applicant or as otherwise
16collected by the designated automatic voter registration
17agency in the course of receiving applications and other forms
18regarding licenses, permits, programs, and services offered by
19the designated automatic voter registration agency. The
20application to register to vote shall be processed in
21accordance with Section 1A-16.7.
22    (g) As used in this Section:
23        "Designated automatic voter registration agency" or
24    "agency" means the divisions of Family and Community
25    Services and Rehabilitation Services of the Department of
26    Human Services, the Department of Employment Security, the

 

 

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1    Department of Financial and Professional Regulation, the
2    Department of Natural Resources, or an agency of the
3    local, tribal, State, or federal government that has been
4    determined by the State Board of Elections to have access
5    to reliable personal information and has entered into an
6    interagency contract with the State Board of Elections to
7    participate in the automatic voter registration program
8    under this Section.
9        "Dual-purpose application" means an application, an
10    application for renewal, a change of address form, or a
11    recertification form for a license, permit, program, or
12    service offered by a designated automatic voter
13    registration agency that also serves as an application to
14    register to vote in Illinois.
15        "Reliable personal information" means information
16    about individuals obtained from government sources that
17    may be used to verify whether an individual is eligible to
18    register to vote.
19    (h) (Blank). This Section shall be implemented no later
20than July 1, 2019.
21    (i) If an agency under this Section receives documentation
22that an applicant is a United States citizen, as described in
23subsection (g) of Section 1A-16.1 for more than one person
24listed on an application for a license, permit, program, or
25service, each person for whom the agency receives the
26documentation may be considered an applicant under this

 

 

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1Section and the application may serve as a dual-purpose
2application for each person.
3    (j) The changes made to this Section by this amendatory
4Act of the 103rd General Assembly shall be implemented no
5later than January 1, 2026.
6(Source: P.A. 100-464, eff. 8-28-17.)
 
7    (10 ILCS 5/1A-16.3 new)
8    Sec. 1A-16.3. Language assistance.
9    (a) Every facility operated by the Driver Services
10Department of the Office of the Secretary of State and all
11facilities of a designated voter registration agency located
12in a political subdivision covered by Section 203 of the
13federal Voting Rights Act shall display and make plainly
14visible signage informing applicants about the type of
15language assistance available. The signage shall be in the
16covered languages applicable for the political subdivision.
17    (b) Every facility operated by the Driver Services
18Department of the Office of the Secretary of State and all
19facilities of a designated voter registration agency located
20in a political subdivision covered by Section 203 of the
21federal Voting Rights Act shall make available, in the covered
22languages, all written materials and verbal communication
23regarding voter registration for the purpose of processing the
24applicant's dual-purpose application described in Sections
251A-16.1 and 1A-16.2. Every facility operated by the Driver

 

 

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1Services Department of the Office of the Secretary of State
2and all facilities of a designated voter registration agency
3shall make available, in the 5 most common non-English
4languages in this State, all written materials and verbal
5communications regarding voter registration for the purpose of
6processing an applicant's dual-purpose application described
7in Sections 1A-16.1 and 1A-16.2. These materials shall include
8the notices described in subsection (b-10) of Section 1A-16.1
9and subsection (e) of Section 2-105 of the Illinois Vehicle
10Code, the affirmations described in paragraph (3) of
11subsection (b) of Section 1A-16.1 and paragraph (3) of
12subsection (b) of Section 1A-16.2, and the attestations
13described in subsection (b-5) of Section 1A-16.1 and paragraph
14(3) of subsection (c) of Section 1A-16.2.
15    (c) In addition to the requirements under subsections (a)
16and (b), the Driver Services Department of the Office of the
17Secretary of State, as part of every transaction described in
18subsections (b) and (b-5) of Section 1A-16.1 completed through
19its website, and each designated automatic voter registration
20agency, as defined in subsection (g) of Section 1A-16.2, as
21part of every transaction described in subsections (b) and (c)
22of Section 1A-16.2 completed through its website, shall make
23available, in the covered languages required in any
24jurisdiction in this State by Section 203 of the federal
25Voting Rights Act and in the 5 most common non-English
26languages in this State, all information and questions

 

 

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1provided to an applicant regarding voter registration for the
2purpose of processing the applicant's dual-purpose application
3as described in Sections 1A-16.1 and 1A-16.2. These materials
4shall include, but not be limited to, the notices described in
5subsection (b-10) of Section 1A-16.1 and subsection (e) of
6Section 2-105 of the Illinois Vehicle Code, the affirmations
7described in paragraph (3) of subsection (b) of Section
81A-16.1 and paragraph (3) of subsection (b) of Section
91A-16.2, and the attestations described in subsection (b-5) of
10Section 1A-16.1 and paragraph (3) of subsection (c) of Section
111A-16.2. The Office of the Secretary of the State shall
12determine the 5 most common non-English languages in this
13State by referring to the best available data from the United
14States Census Bureau or other sources that the Office of the
15Secretary of the State considers relevant and reliable.
 
16    (10 ILCS 5/1A-16.7)
17    Sec. 1A-16.7. Automatic voter registration.
18    (a) The State Board of Elections shall establish and
19maintain a portal for automatic government agency voter
20registration that permits an eligible person to electronically
21apply to register to vote or to update his or her existing
22voter registration as provided in Section 1A-16.1 or Section
231A-16.2. The portal shall interface with the online voter
24registration system established in Section 1A-16.5 of this
25Code and shall be capable of receiving and processing voter

 

 

10300SB0496sam001- 34 -LRB103 02947 SPS 73827 a

1registration application information, including electronic
2signatures, from the Office of the Secretary of State and each
3designated automatic voter registration agency, as defined in
4Section 1A-16.2. The State Board of Elections may
5cross-reference voter registration information from any
6designated automatic voter registration agency, as defined
7under Section 1A-16.2 of this Code, with information contained
8in the database of the Secretary of State as provided under
9subsection (c) of Section 1A-16.5 of this Code. The State
10Board of Elections shall modify the online voter registration
11system as necessary to implement this Section.
12    (b) Voter registration data received from the Office of
13the Secretary of State or a designated automatic voter
14registration agency through the online registration
15application system shall be processed as provided in Section
161A-16.5 of this Code.
17    (c) The State Board of Elections shall establish technical
18specifications applicable to each automatic government
19registration program, including data format and transmission
20specifications. The Office of the Secretary of State and each
21designated automatic voter registration agency shall maintain
22a data transfer mechanism capable of transmitting voter
23registration application information, including electronic
24signatures where available, to the online voter registration
25system established in Section 1A-16.5 of this Code.
26    (d) The State Board of Elections shall, by rule, establish

 

 

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1criteria and procedures for determining whether an agency of
2the State or federal government seeking to become a designated
3automatic voter registration agency in the course of receiving
4applications and other forms regarding licenses, permits,
5programs, and services offered by the agency, receives
6documentation that an applicant is a United States citizen, as
7described in subsection (g) of Section 1A-16.1 has access to
8reliable personal information, as defined under this
9subsection (d) and subsection (f) of Section 1A-16.2 of this
10Code, and otherwise meets the requirements to enter into an
11interagency contract and to operate as a designated automatic
12voter registration agency. The State Board of Elections shall
13approve each interagency contract upon affirmative vote of a
14majority of its members.
15    As used in this subsection (d), "reliable personal
16information" means information about individuals obtained from
17government sources that may be used to verify whether an
18individual is eligible to register to vote.
19    (e) Whenever an applicant's data is transferred from the
20Office of the Secretary of State or a designated automatic
21voter registration agency, the agency must transmit a
22signature image if available. If no signature image was
23provided by the agency and , or if no signature image is
24available in the Office of the Secretary of State's database
25or the statewide voter registration database, or other
26database available to the State Board of Elections, the

 

 

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1applicant must be notified that voter his or her registration
2will remain in a pending status until the applicant: , and the
3applicant will be required to
4        (1) provides provide identification that complies with
5    the federal Help America Vote Act of 2002 and a signature
6    to the election authority on election day in the polling
7    place or during early voting; .
8        (2) provides identification that complies with the
9    federal Help America Vote Act of 2002 and a signature with
10    a mail ballot, or provides a signature in accordance with
11    the procedures described in subsection (g-5) of Section
12    19-8; or
13        (3) provides a signature in response to the notice
14    described in subsection (g) or by other paper or
15    electronic means determined by the State Board of
16    Elections.
17    (f) Upon receipt of personal information collected and
18transferred by the Office of the Secretary of State or a
19designated automatic voter registration agency, the State
20Board of Elections shall check the information against the
21statewide voter registration database. The State Board of
22Elections shall create and electronically transmit to the
23appropriate election authority a voter registration
24application for any individual who is not registered to vote
25in Illinois and is not disqualified as provided in this
26Section or whose information reliably indicates a more recent

 

 

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1update to the name or address of a person already included in
2the statewide voter database. The election authority shall
3process the application accordingly. If the individual
4provides the Office of the Secretary of State or a designated
5automatic voter registration agency with an address designated
6by the Attorney General as a substitute mailing address under
7Section 15 of the Address Confidentiality for Victims of
8Domestic Violence, Sexual Assault, Human Trafficking, or
9Stalking Act or if the State Board of Elections otherwise
10determines that the individual is a program participant under
11Section 10 of the Address Confidentiality for Victims of
12Domestic Violence, Sexual Assault, Human Trafficking, or
13Stalking Act, the State Board of Elections shall not create or
14electronically transmit to an election authority a voter
15registration the application for the individual. The State
16Board of Elections may provide alternative voter registration
17procedures for the individuals described in this subsection.
18    (g) The appropriate election authority shall ensure that
19any applicant about whom it receives information from the
20State Board of Elections under subsection (f) who is
21registered to vote or whose existing voter registration is
22updated under this Section is promptly sent written notice of
23the change. The notice required by this subsection (g) may be
24sent or combined with other notices required or permitted by
25law, including, but not limited to, any notices sent pursuant
26to Section 1A-16.5 of this Code. Any notice required by this

 

 

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1subsection (g) shall contain, at a minimum: (i) the
2applicant's name and residential address as reflected on the
3voter registration list; (ii) a statement notifying the
4applicant to contact the appropriate election authority if his
5or her voter registration has been updated in error; (iii) the
6qualifications to register to vote in Illinois; (iv) a
7statement notifying the applicant that he or she may opt out of
8voter registration or request a change to his or her
9registration information at any time by contacting an election
10official; and (iii) (v) contact information for the
11appropriate election authority, including a phone number,
12address, electronic mail address, and website address.
13    For an applicant under subsection (b) of Section 1A-16.1
14or subsection (b) of Section 1A-16.2 who is not currently
15registered to vote in Illinois, the notice shall be sent
16within 5 business days after the transmission of the voter
17registration application to the election authority and shall
18contain:
19        (1) the following statement: "After your recent visit
20    to [an Illinois Secretary of State Driver Services
21    Facility, or designated automatic voter registration
22    agency] we started an automatic voter registration process
23    for you. You will be registered to vote unless you
24    complete, sign, and return this card by [deadline date].";
25        (2) the notices required by Section 5(c)(2) of the
26    National Voter Registration Act of 1993; and

 

 

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1        (3) an opportunity to provide a signature as described
2    in subsection (e) and to select a language for election
3    materials if applicable to the jurisdiction, by prepaid
4    postage.
5    For an applicant under subsection (b) of Section 1A-16.1
6or subsections (b) of Section 1A-16.2 who is currently
7registered to vote in Illinois and whose application contains
8a change in the applicant's registered residence address or
9name, the notice shall be sent within 5 business days after the
10transmission of the voter registration application to the
11election authority and shall contain:
12        (1) the following statement: "After your recent visit
13    to [an Illinois Secretary of State Driver Services
14    Facility or designated automatic voter registration
15    agency], we started an update to your voter registration.
16    Your voter registration will be updated unless you
17    complete, sign and return this card by [deadline date].";
18        (2) the notices required by Section 5(c)(2) of the
19    National Voter Registration Act of 1993; and
20        (3) an opportunity to provide a signature as described
21    in subsection (e), and to select a language for election
22    materials if applicable to the jurisdiction, by prepaid
23    postage.
24    Any notice required by this subsection shall, at a
25minimum, be provided in languages for which there is coverage
26for the jurisdiction of the election authority under Section

 

 

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1203 of the federal Voting Rights Act, as identified by the
2United States Census Bureau in the Federal Register. Any
3notice required by this subsection must also comply with all
4applicable, federal, State, and local laws, regulations, and
5ordinances that relate to providing language access to
6individuals with limited English proficiency. If the State
7Board of Elections has received language preference
8information regarding the applicant and has transmitted that
9information to the appropriate election authority, the
10appropriate election authority shall take all practicable
11measures to send the notice to the applicant in the
12applicant's preferred language.
13    (g-5) If an applicant under subsection (b) of Section
141A-16.1 or subsection (b) of Section 1A-16.2 returns the
15notice described in subsection (g) declining to be registered
16within 23 days after the mailing of the notice, the applicant
17shall not be registered to vote and the applicant shall be
18deemed not to have attempted to register to vote. If an
19applicant under subsection (b) of Section 1A-16.1 or
20subsection (b) of Section 1A-16.2 returns the notice described
21in subsection (g) declining or correcting the update within 23
22days after the mailing of the notice, the applicant's update
23shall be declined or corrected in the statewide voter
24registration database. If an applicant returns the notice
25described in subsection (g) but does not do so within 23 days
26after the mailing of the notice, then the applicant shall be

 

 

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1registered to vote under the name and address contained in the
2dual-purpose application. If an applicant returns the notice
3described in subsection (g) declining to be registered or
4declining or correcting the update more than 23 days after the
5mailing of the notice, then the notice shall be processed as a
6request to cancel or update the applicant's registration.
7During the 23-day period specified in this subsection, an
8applicant's voter registration or updated voter registration
9shall be in a pending status.
10    (g-6) If an applicant under subsection (b) of Section
111A-16.1 or subsection (b) of Section 1A-16.2 returns the
12notice indicating a language preference, the language
13preference shall be retained as part of the person's
14registration information.
15    (h) The appropriate election authority shall ensure that
16any applicant whose voter registration application is not
17accepted or deemed incomplete is promptly sent written notice
18of the application's status. The notice required by this
19subsection may be sent or combined with other notices required
20or permitted by law, including, but not limited to, any
21notices sent pursuant to Section 1A-16.5 of this Code. Any
22notice required by this subsection (h) shall contain, at a
23minimum, the reason the application was not accepted or deemed
24incomplete and contact information for the appropriate
25election authority, including a phone number, address,
26electronic mail address, and website address.

 

 

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

 

 

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1Section may be recorded and shared among the State Board of
2Elections, election authorities, the Office of the Secretary
3of State, and designated automatic voter registration
4agencies, but shall be used only for voter registration
5purposes, shall not be disclosed to the public except in the
6aggregate as required by subsection (m) of this Section, and
7shall not be subject to the Freedom of Information Act. The
8following information shall be designated as confidential:
9        (1) any portion of an applicant's Social Security
10    number;
11        (2) any portion of an applicant's driver's license
12    number or State identification number;
13        (3) an applicant's decision to decline voter
14    registration;
15        (4) the identity of the person providing information
16    relating to a specific applicant; and
17        (5) the personal residence and contact information of
18    any applicant for whom notice has been given by an
19    appropriate legal authority; and .
20        (6) the personal residence and contact information
21    relating to an applicant who returns a notice described
22    subsection (g) declining to register to vote that was
23    received by the election authority within 23 days after
24    mailing the notice or for whom the 23-day period has not
25    passed.
26    This subsection (k) shall not apply to information the

 

 

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1State Board of Elections is required to share with the
2Electronic Registration Information Center.
3    (l) The voter registration procedures implemented under
4this Section shall comport with the federal National Voter
5Registration Act of 1993, as amended, and shall specifically
6require that the State Board of Elections track registration
7data received through the online registration system that
8originated from a designated automatic voter registration
9agency for the purposes of maintaining statistics.
10    Nothing in this Code shall require designated voter
11registration agencies to transmit information that is
12confidential client information under State or federal law
13without the consent of the applicant.
14    (m) The State Board of Elections, each election authority
15that maintains a website, the Office of the Secretary of
16State, and each designated automatic voter registration agency
17that maintains a website shall provide information on their
18websites informing the public about the new registration
19procedures described in this Section. The Office of the
20Secretary of State and each designated automatic voter
21registration agency shall display signage or provide
22literature for the public containing information about the new
23registration procedures described in this Section.
24    (n) No later than 6 months after the effective date of this
25amendatory Act of the 100th General Assembly, the State Board
26of Elections shall hold at least one public hearing on

 

 

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1implementing this amendatory Act of the 100th General Assembly
2at which the public may provide input.
3    (o) The State Board of Elections shall submit an annual
4public report to the General Assembly and the Governor
5detailing the progress made to implement this Section. The
6report shall include all of the following: the number of
7records transferred under this Section by agency, the number
8of voters newly added to the statewide voter registration list
9because of records transferred under this Section by agency,
10the number of updated registrations under this Section by
11agency, the number of persons who opted out of voter
12registration, and the number of voters who submitted voter
13registration forms using the online procedure described in
14Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
15may include less detail if election authorities are not
16equipped to provide complete information to the State Board of
17Elections. Any report produced under this subsection (o) shall
18exclude any information that identifies any individual
19personally.
20    (p) The State Board of Elections, in consultation with
21election authorities, the Office of the Secretary of State,
22designated automatic voter registration agencies, and
23community organizations, shall adopt rules as necessary to
24implement the provisions of this Section.
25    (q) The changes made to this Section by this amendatory
26Act of the 103rd General Assembly shall be implemented no

 

 

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1later than January 1, 2026.
2(Source: P.A. 100-464, eff. 8-28-17.)
 
3    (10 ILCS 5/1A-16.8)
4    Sec. 1A-16.8. Automatic transfer of registration based
5upon information from the National Change of Address database
6and designated automatic voter registration agencies.
7    (a) The State Board of Elections shall cross-reference the
8statewide voter registration database against the United
9States Postal Service's National Change of Address database
10twice each calendar year, April 15 and October 1 in
11odd-numbered years and April 15 and December 1 in
12even-numbered years or with the same frequency as in
13subsection (b) of this Section, and shall share the findings
14with the election authorities.
15    (b) In addition, beginning no later than September 1,
162017, the State Board of Elections shall utilize data provided
17as part of its membership in the Electronic Registration
18Information Center in order to cross-reference the statewide
19voter registration database against databases of relevant
20personal information kept by designated automatic voter
21registration agencies, including, but not limited to, driver's
22license information kept by the Secretary of State, at least 6
23times each calendar year and shall share the findings with
24election authorities.
25    This subsection (b) shall no longer apply once Sections

 

 

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11A-16.1 and 1A-16.2 of this Code are fully implemented as
2determined by the State Board of Elections. Upon a
3determination by the State Board of Elections of full
4implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
5the State Board of Elections shall file notice of full
6implementation and the inapplicability of this subsection (b)
7with the Index Department of the Office of the Secretary of
8State, the Governor, the General Assembly, and the Legislative
9Reference Bureau.
10    (b-5) The State Board of Elections shall not be required
11to share any data on any voter attained using the National
12Change of Address database under subsection (a) of this
13Section if that voter has a more recent government transaction
14indicated using the cross-reference under subsection (b) of
15this Section. If there is contradictory or unclear data
16between data obtained under subsections (a) and (b) of this
17Section, then data obtained under subsection (b) of this
18Section shall take priority.
19    (c) An election authority shall automatically register any
20voter who has moved into its jurisdiction from another
21jurisdiction in Illinois or has moved within its jurisdiction
22provided that:
23        (1) the election authority whose jurisdiction includes
24    the new registration address provides the voter an
25    opportunity to reject the change in registration address
26    through a mailing, sent by non-forwardable mail, to the

 

 

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1    new registration address, and
2        (2) when the election authority whose jurisdiction
3    includes the previous registration address is a different
4    election authority, then that election authority provides
5    the same opportunity through a mailing, sent by
6    forwardable mail, to the previous registration address.
7    This change in registration shall trigger the same
8inter-jurisdictional or intra-jurisdictional workflows as if
9the voter completed a new registration card, including the
10cancellation of the voter's previous registration. Should the
11registration of a voter be changed from one address to another
12within the State and should the voter appear at the polls and
13offer to vote from the prior registration address, attesting
14that the prior registration address is the true current
15address, the voter, if confirmed by the election authority as
16having been registered at the prior registration address and
17canceled only by the process authorized by this Section, shall
18be issued a regular ballot, and the change of registration
19address shall be canceled. If the election authority is unable
20to immediately confirm the registration, the voter shall be
21permitted to register and vote a regular ballot, provided that
22he or she meets the documentary requirements for same-day
23registration. If the election authority is unable to confirm
24the registration and the voter does not meet the requirements
25for same-day registration, the voter shall be issued a
26provisional ballot.

 

 

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1    (c-5) An agency that does not receive documentation that
2an applicant is a United States citizen, as described in
3subsection (g) of Section 1A-16.1, may enter into an agreement
4with the State Board of Elections to transmit information that
5shall serve only to update an applicant's existing voter
6registration record. Under the agreement, the agency shall
7transmit information on all clients who may be registered to
8vote with a clear indication that the information shall be
9used only for updates. The State Board of Elections shall
10determine which applicants are already registered to vote and,
11for any voter whose information provided to the agency differs
12from that on the voter registration record, provide that
13information to the voter's local election authority who shall
14update a registered voter's records in accordance with the
15procedures described in Section 1A-16.7. The State Board of
16Election and local election authority shall take no action
17under this subsection for any applicant not already registered
18to vote.
19    This subsection shall be implemented no later than January
201, 2026.
21    (d) No voter shall be disqualified from voting due to an
22error relating to an update of registration under this
23Section.
24(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
 
25    Section 10. The Illinois Vehicle Code is amended by

 

 

10300SB0496sam001- 50 -LRB103 02947 SPS 73827 a

1changing Section 2-105 as follows:
 
2    (625 ILCS 5/2-105)  (from Ch. 95 1/2, par. 2-105)
3    Sec. 2-105. Offices of Secretary of State.
4    (a) The Secretary of State shall maintain offices in the
5State capital and in such other places in the State as he may
6deem necessary to properly carry out the powers and duties
7vested in him.
8    (b) The Secretary of State may construct and equip one or
9more buildings in the State of Illinois outside of the County
10of Sangamon as he deems necessary to properly carry out the
11powers and duties vested in him. The Secretary of State may, on
12behalf of the State of Illinois, acquire public or private
13property needed therefor by lease, purchase or eminent domain.
14The care, custody and control of such sites and buildings
15constructed thereon shall be vested in the Secretary of State.
16Expenditures for the construction and equipping of any of such
17buildings upon premises owned by another public entity shall
18not be subject to the provisions of any State law requiring
19that the State be vested with absolute fee title to the
20premises. The exercise of the authority vested in the
21Secretary of State by this Section is subject to the
22appropriation of the necessary funds.
23    (c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of
24the Election Code, the Secretary of State shall make driver
25services facilities available for use as places of accepting

 

 

10300SB0496sam001- 51 -LRB103 02947 SPS 73827 a

1applications for voter registration.
2    (d) (Blank).
3    (e) Each applicant person applying at a driver services
4facility for a driver's license or permit, a corrected
5driver's license or permit, an Illinois Identification Card
6identification card or a corrected Illinois Identification
7Card who has presented documentation establishing United
8States citizenship as set forth in subsection (g) of Section
91A-16.1 of the Election Code identification card shall be
10notified, under the procedures set forth in Sections 1A-16.1
11and 1A-16.7 of the Election Code, that the applicant's unless
12he or she affirmatively declines, his or her personal
13information shall be transferred to the State Board of
14Elections for the purpose of creating an electronic voter
15registration application. Each applicant applying at a driver
16services facility for a driver's license or permit, a
17corrected driver's license or permit or a State identification
18card or a corrected Illinois Identification Card who presented
19documentation that neither establishes that the applicant is a
20United States citizen nor establishes that the applicant is
21not a United States citizen, but who affirmatively indicated
22they wished to apply to register to vote and attested, in
23writing, to United States citizenship, shall be notified,
24under the procedures set forth in Sections 1A-16.1 and 1A-16.7
25of the Election Code that the applicant's personal information
26will be transmitted to the State Board of Elections for the

 

 

10300SB0496sam001- 52 -LRB103 02947 SPS 73827 a

1purpose of creating an electronic voter registration
2application. Such notification may be made in writing or
3verbally issued by an employee or the Secretary of State.
4    The Secretary of State shall promulgate such rules as may
5be necessary for the efficient execution of his duties and the
6duties of his employees under this Section.
7    (f) Any person applying at a driver services facility for
8issuance or renewal of a driver's license or Illinois
9Identification Card shall be provided, without charge, with a
10brochure warning the person of the dangers of financial
11identity theft. The Department of Financial and Professional
12Regulation shall prepare these brochures and provide them to
13the Secretary of State for distribution. The brochures shall
14(i) identify signs warning the reader that he or she might be
15an intended victim of the crime of financial identity theft,
16(ii) instruct the reader in how to proceed if the reader
17believes that he or she is the victim of the crime of identity
18theft, and (iii) provide the reader with names and telephone
19numbers of law enforcement and other governmental agencies
20that provide assistance to victims of financial identity
21theft.
22    (g) (Blank). The changes made by this amendatory Act of
23the 100th General Assembly shall be implemented no later than
24July 1, 2018.
25    (h) The changes made to this Section by this amendatory
26Act of the 103rd General Assembly shall be implemented no

 

 

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1later than January 1, 2026.
2(Source: P.A. 100-464, eff. 8-28-17.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".