103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3736

 

Introduced 2/9/2024, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-16.1
10 ILCS 5/1A-16.2
10 ILCS 5/1A-16.3 new
10 ILCS 5/1A-16.7
10 ILCS 5/1A-16.8
625 ILCS 5/2-105  from Ch. 95 1/2, par. 2-105

    Amends the Election Code. For specified applications, change of address forms, or recertifications of a driver's license or State identification card, provides that the application, form, or recertification shall serve as a dual-purpose application when the applicant presents specified identification (rather than meets the requirements of the federal REAL ID Act of 2005). Modifies requirements of the dual-purpose application. Modifies the content of the written notice required to be given by the Office of the Secretary of State to each applicant and requires the Office of the Secretary of State to determine whether each applicant is currently registered to vote in Illinois and the applicant's registration address. Provides that, if an applicant provides the Secretary of State with an identification document which demonstrates that the applicant is not a United States citizen, the application shall not serve as a dual-purpose application. Amends the Illinois Vehicle Code to make conforming changes. Provides that changes made by the amendatory Act that require implementation shall be implemented no later than January 1, 2025. Effective immediately.


LRB103 38253 SPS 68388 b

 

 

A BILL FOR

 

SB3736LRB103 38253 SPS 68388 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17renewal, or a change of address form, or a recertification
18form for a driver's license, other than a temporary visitor's
19driver's license, or a State identification card issued by the
20Office of the Secretary of State, an applicant presents
21documentation that establishes that the applicant is a United
22States citizen, as described in subsection (g), and is of age
23to register to vote or if the information provided to the

 

 

SB3736- 2 -LRB103 38253 SPS 68388 b

1Office of the Secretary of State under subsection (c)
2indicates that the applicant is currently registered to vote
3in Illinois and, upon reviewing the documents and information
4submitted by the applicant, the Office of the Secretary of
5State determines that the name or residence address
6documentation submitted by the applicant differs from the
7information regarding the applicant provided under subsection
8(c) meets the requirements of the federal REAL ID Act of 2005,
9then that application shall serve as a dual-purpose
10application, unless the applicant declines in accordance with
11subsection (g) of Section 1A-16.7. The dual-purpose
12application 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

 

 

SB3736- 3 -LRB103 38253 SPS 68388 b

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
16of documents presented by the applicant that establishes that
17the applicant is a United States citizen as described in
18subsection (g). The initiation of a dual-purpose application
19based on documentation establishing United States citizenship
20shall be automated and not subjected to the discretion of
21individual employees of the Office of the Secretary of State.
22    (b-5) 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, other than a temporary visitor's
25driver's license, or a State identification card issued by the
26Office of the Secretary of State, other than an application or

 

 

SB3736- 4 -LRB103 38253 SPS 68388 b

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

 

 

SB3736- 5 -LRB103 38253 SPS 68388 b

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

 

 

SB3736- 6 -LRB103 38253 SPS 68388 b

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

 

 

SB3736- 7 -LRB103 38253 SPS 68388 b

1    (c) The Office of the Secretary of State shall review
2information provided to the Office of the Secretary of State
3by the State Board of Elections to determine inform each
4applicant for a driver's license or permit, other than a
5temporary visitor's driver's license, or a State
6identification card issued by the Office of the Secretary of
7State whether each the applicant under subsections (b) and
8(b-5) is currently registered to vote in Illinois and, if
9registered, at what address, and shall inform each applicant
10described in subsection (b-5) for a driver's license or permit
11or State identification card issued by the Office of the
12Secretary of State, whether the applicant is currently
13registered and, if registered, at what address.
14    (d) The Office of the Secretary of State shall not require
15an applicant for a driver's license or State identification
16card to provide duplicate identification or information in
17order to complete an application to register to vote or change
18his or her registered residence address or name. Before
19transmitting any personal information about an applicant to
20the State Board of Elections, the Office of the Secretary of
21State shall review its records of the identification documents
22the applicant provided in order to complete the application
23for a driver's license or State identification card, to
24confirm that nothing in those documents indicates that the
25applicant does not satisfy the qualifications to register to
26vote in Illinois at his or her residence address. If the

 

 

SB3736- 8 -LRB103 38253 SPS 68388 b

1applicant provides the Office of the Secretary of State with
2an address designated by the Attorney General as a substitute
3mailing address under Section 15 of the Address
4Confidentiality for Victims of Domestic Violence, Sexual
5Assault, Human Trafficking, or Stalking Act or is a judicial
6officer of peace officer who provides the Office of the
7Secretary of State with a work address instead of a residence
8address, as authorized by subsection (a) of Section 6-106 of
9the Illinois Vehicle Code, the applicant shall not be offered
10voter registration by the Office of the Secretary of State.
11    (e) A completed, signed application for (i) a driver's
12license or permit, other than a temporary visitor's driver's
13license, or a State identification card issued by the Office
14of the Secretary of State that includes the presentation of
15documentation that establishes that the applicant is a United
16States citizen and is of age to register to vote or for which
17the information provided to the Office of the Secretary of
18State under subsection (c) indicates that the applicant is
19currently registered to vote in Illinois , that meets the
20requirements of the federal REAL ID Act of 2005; or (ii) a
21completed application under subsection (b-5) of this Section
22with a separate signature attesting the applicant meets the
23qualifications to register to vote in Illinois at his or her
24residence address as indicated on his or her application shall
25constitute a signed application to register to vote in
26Illinois at the residence address indicated in the application

 

 

SB3736- 9 -LRB103 38253 SPS 68388 b

1unless the person affirmatively declined in the application to
2register to vote or to change his or her registered residence
3address or name. If the identification documents provided to
4complete the dual-purpose application indicate that the
5applicant he or she does not satisfy the qualifications to
6register to vote in Illinois at the specified his or her
7residence address, the application shall be marked as
8incomplete.
9    (f) For each completed and signed application that
10constitutes an application to register to vote in Illinois or
11provides for a change in the applicant's registered residence
12address or name, the Office of the Secretary of State shall
13electronically transmit to the State Board of Elections
14personal information needed to complete the person's
15registration to vote in Illinois at the specified his or her
16residence address, including the applicant's choice language
17preference as indicated by the applicant or as otherwise
18collected by the Office of the Secretary of State during the
19permitting, licensing, or identification card transaction. The
20application to register to vote shall be processed in
21accordance with Section 1A-16.7.
22    (g) Documentation that establishes that the applicant is a
23United 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;

 

 

SB3736- 10 -LRB103 38253 SPS 68388 b

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"
17means an application, an application for renewal or , a change
18of address form, or a recertification form for driver's
19license or permit, other than a temporary visitor's driver's
20license, or a State identification card offered by the
21Secretary of State that also serves as an application to
22register to vote in Illinois. "Dual-purpose application" does
23not mean an application under subsection (c) of Section 6-109
24of the Illinois Vehicle Code.
25    (i) The changes made to this Section by this amendatory
26Act of the 103rd General Assembly shall be implemented no

 

 

SB3736- 11 -LRB103 38253 SPS 68388 b

1later than January 1, 2026.
2(Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
 
3    (Text of Section after amendment by P.A. 103-210)
4    Sec. 1A-16.1. Automatic voter registration; Secretary of
5State.
6    (a) The Office of the Secretary of State and the State
7Board of Elections, pursuant to an interagency contract and
8jointly adopted jointly-adopted rules, shall establish an
9automatic voter registration program that satisfies the
10requirements of this Section and other applicable law.
11    (b) If, as part of an application, an application for
12renewal, or a change of address form, or a recertification
13form for a driver's license or a State identification card
14issued by the Office of the Secretary of State, an applicant
15presents documentation that establishes that the applicant is
16a United States citizen, as described in subsection (g), and
17is of age to register to vote or if the information provided to
18the Office of the Secretary of State under subsection (c)
19indicates that the applicant is currently registered to vote
20in Illinois and, upon reviewing the documents and information
21submitted by the applicant, the Office of the Secretary of
22State determines that the name or residence address
23documentation submitted by the applicant differs from the
24information regarding the applicant provided under subsection
25(c) meets the requirements of the federal REAL ID Act of 2005,

 

 

SB3736- 12 -LRB103 38253 SPS 68388 b

1then that application shall serve as a dual-purpose
2application, unless the applicant declines in accordance with
3subsection (g) of Section 1A-16.7. The dual-purpose
4application shall:
5        (1) also serve as an application to register to vote
6    in Illinois;
7        (2) allow an applicant to change the applicant's his
8    or her registered residence address or name as it appears
9    on the voter registration rolls;
10        (3) in a single affirmation, including the affirmation
11    required for a driver's license or State identification
12    card, allow the applicant to affirm, under penalty of
13    perjury, to the truth and correctness of the information
14    submitted in the dual-purpose application that is
15    necessary to assess the applicant's eligibility to
16    register to vote or to change the applicant's registered
17    residence address or name as it appears on the voter
18    registration rolls provide the applicant with an
19    opportunity to affirmatively decline to register to vote
20    or to change his or her registered residence address or
21    name by providing a check box on the application form
22    without requiring the applicant to state the reason; and
23        (4) allow the applicant to notify the Office of the
24    Secretary of State of the applicant's preferred language
25    unless the applicant declines to register to vote or
26    change his or her registered residence address or name,

 

 

SB3736- 13 -LRB103 38253 SPS 68388 b

1    require the applicant to attest, by signature under
2    penalty of perjury as described in subsection (e) of this
3    Section, to meeting the qualifications to register to vote
4    in Illinois at his or her residence address as indicated
5    on his or her driver's license or identification card
6    dual-purpose application.
7    The Office of the Secretary of State shall record the type
8of documents presented by the applicant that establish that
9the applicant is a United States citizen as described in
10subsection (g). The initiation of a dual-purpose application
11based on documentation establishing United States citizenship
12shall be automated and not subjected to the discretion of
13individual employees of the Office of the Secretary of State.
14    (b-5) If, as part of an application, an application for
15renewal, or a change of address form, or a recertification
16form for a driver's license or a State identification card
17issued by the Office of the Secretary of State, other than an
18application or form that pertains to a standard driver's
19license or identification card for an applicant who does not
20have and is not eligible for and does not list a social
21security number, an applicant presents documentation that
22neither establishes that the applicant is a United States
23citizen nor establishes that the applicant is not a United
24States citizen and the information provided to the Office of
25the Secretary of State under subsection (c) does not indicate
26that the applicant is currently registered to vote in Illinois

 

 

SB3736- 14 -LRB103 38253 SPS 68388 b

1for the applicant, does not meet the requirements of the
2federal REAL ID Act of 2005, then that application shall serve
3as a dual-purpose application. The dual-purpose application
4that, shall: (1) also serve as an application to register to
5vote in Illinois; (2) allow an applicant to change his or her
6registered residence address or name as it appears on the
7voter registration rolls; and (3) if the applicant chooses to
8register to vote, shall also serve as an application to
9register to vote in Illinois. If the applicant chooses to
10register to vote, the applicant shall be required or to change
11his or her registered residence address or name, then require
12the applicant to attest, by a separate signature under penalty
13of perjury, to meeting the qualifications to register to vote
14in Illinois at the applicant's his or her residence address as
15indicated on the his or her dual-purpose application.
16    The dual-purpose application shall allow the applicant to
17notify the Office of the Secretary of State of the applicant's
18preferred language.
19    (b-8) If an applicant presents to the Secretary of State
20documentation that establishes the applicant is not a United
21States citizen, no application submitted by that applicant
22shall serve as a dual-purpose application under this Section.
23    (b-10) Before asking any applicant described in subsection
24(b) to provide the written affirmation described in that
25subsection, the The Office of the Secretary of State shall
26clearly and conspicuously inform each applicant in writing:

 

 

SB3736- 15 -LRB103 38253 SPS 68388 b

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

 

 

SB3736- 16 -LRB103 38253 SPS 68388 b

1registration application, including the immigration-related
2consequences of incorrectly claiming United States citizenship
3and the opportunity to withdraw an application to avoid the
4penalties; (iii) that the application shall also serve as an
5application to register to vote and that the application to
6register to vote or update voter registration will be
7transmitted to the State Board of Elections for the purpose of
8registering the person to vote at the residence address to be
9indicated on the applicant's driver's license or State
10identification card, unless the applicant withdraws the
11application or declines to register to vote or update the
12applicant's voter registration; and (iv) that declining to
13register to vote or withdrawing a voter application is
14confidential and will not affect any services the person may
15be seeking from the Office of the Secretary of State. The
16Office of the Secretary of State may provide additional
17instructions specific to applicants under subsection (b-5).
18    (c) The Office of the Secretary of State shall review
19information provided to the Office of the Secretary of State
20by the State Board of Elections to determine whether each
21inform each applicant for a driver's license or permit or a
22State identification card issued by the Office of the
23Secretary of State, other than an application or form that
24pertains to a standard driver's license or identification card
25and does not list a social security number for the applicant,
26whether the applicant under subsections (b) and (b-5) is

 

 

SB3736- 17 -LRB103 38253 SPS 68388 b

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

 

 

SB3736- 18 -LRB103 38253 SPS 68388 b

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

 

 

SB3736- 19 -LRB103 38253 SPS 68388 b

1constitutes an application to register to vote in Illinois or
2provides for a change in the applicant's registered residence
3address or name, the Office of the Secretary of State shall
4electronically transmit to the State Board of Elections
5personal information needed to complete the person's
6registration to vote in Illinois at the specified his or her
7residence address, including the applicant's choice language
8preference as indicated by the applicant or as otherwise
9collected by the Office of the Secretary of State during the
10licensing, or identification card transaction. The application
11to register to vote shall be processed in accordance with
12Section 1A-16.7.
13    (g) Documentation that establishes that the applicant is a
14United States citizen shall include:
15        (1) a valid, unexpired United States passport or
16    passport card or a United States passport or passport card
17    that has been expired for no more than 2 years;
18        (2) a certified copy of a birth certificate filed with
19    the Division of Vital Records or an equivalent agency in
20    the individual's state of birth;
21        (3) a Consular Report of Birth Abroad issued by the
22    United States Department of State, Form FS-240, DS-1350,
23    or FS-545; and
24        (4) a Certificate of Citizenship issued by the United
25    States Department of Homeland Security, Form N-560 or form
26    N-561. If the federal REAL ID Act of 2005 is repealed,

 

 

SB3736- 20 -LRB103 38253 SPS 68388 b

1    abrogated, superseded, or otherwise no longer in effect,
2    then the State Board of Elections shall establish criteria
3    for determining reliable personal information indicating
4    citizenship status and shall adopt rules as necessary for
5    the Secretary of State to continue processing dual-purpose
6    applications under this Section.
7    (h) As used in this Section, "dual-purpose application"
8means an application, an application for renewal or , a change
9of address form, or a recertification form for driver's
10license or permit or a State identification card offered by
11the Secretary of State, other than an application or form that
12pertains to a standard driver's license or identification card
13for an applicant who does not have and is not eligible for, a
14social security number and does not list a social security
15number for the applicant, that also serves as an application
16to register to vote in Illinois. "Dual-purpose application"
17does not mean an application under subsection (c) of Section
186-109 of the Illinois Vehicle Code.
19    (i) The changes made to this Section by this amendatory
20Act of the 103rd General Assembly shall be implemented no
21later than January 1, 2026.
22(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
 
23    (10 ILCS 5/1A-16.2)
24    Sec. 1A-16.2. Automatic voter registration; designated
25automatic voter registration agencies.

 

 

SB3736- 21 -LRB103 38253 SPS 68388 b

1    (a) Each designated automatic voter registration agency
2shall, pursuant to an interagency contract and jointly adopted
3jointly-adopted rules with the State Board of Elections, agree
4to participate in an automatic voter registration program
5established by the State Board of Elections that satisfies the
6requirements of this Section and other applicable law. If the
7designated automatic voter registration agency provides
8applications, applications for renewal, change of address
9forms, filing, or recertification forms to individuals for
10services offered by another agency, then the State Board of
11Elections and the designated automatic voter agency shall
12consult with the other agency. The State Board of Elections
13shall consider the current technological capabilities of the
14designated voter registration agency when drafting interagency
15contracts and jointly adopted jointly-adopted rules. The State
16Board of Elections and the designated automatic voter
17registration agency shall amend these contracts and rules as
18the technological capabilities of the designated voter
19registration agencies improve.
20    (b) As provided in subsection (a) of this Section, each
21designated automatic voter registration agency that collects
22or cross-references reliable personal information indicating
23citizenship status may provide that an application or form for
24a license, permit, program, or service described in subsection
25(a) for which, as part of the application, the applicant
26presents documentation that establishes that the applicant is

 

 

SB3736- 22 -LRB103 38253 SPS 68388 b

1a United States citizen as described in subsection (g) of
2Section 1A-16.1, or for which, as part of the application, the
3agency cross-references reliable personal information that
4establishes that the applicant is a United States citizen
5shall serve as a dual-purpose application, unless the
6applicant declines in accordance with subsection (g) of
7Section 1A-16.7. The dual-purpose application shall:
8        (1) also serve as an application to register to vote
9    in Illinois;
10        (2) allow an applicant to change the applicant's his
11    or her registered residence address or name as it appears
12    on the voter registration rolls;
13        (3) in a single affirmation including the affirmation
14    required for the designated automatic voter registration
15    agency's application, allow the applicant to affirm, under
16    penalty of perjury, to the truth and correctness of
17    information submitted in the dual-purpose application that
18    is necessary to assess the applicant's eligibility to
19    register to vote or to change the applicant's registered
20    residence address or name as it appears on the voter
21    registration rolls provide the applicant with an
22    opportunity to affirmatively decline to register to vote
23    or change his or her registered residence address or name
24    by providing a check box on the application form without
25    requiring the applicant to state the reason; and
26        (4) allow the applicant to notify the agency of the

 

 

SB3736- 23 -LRB103 38253 SPS 68388 b

1    applicant's preferred language unless the applicant
2    declines to register to vote or to change his or her
3    registered residence address or name, require the
4    applicant to attest, by signature under penalty of
5    perjury, to meeting the qualifications to register to vote
6    in Illinois at his or her residence address as indicated
7    on his or her dual-purpose application.
8    The agency shall record the type of document presented by
9the applicant that establishes that the applicant is a United
10States citizen as described in subsection (g) of Section
111A-16.1.
12    (c) As provided in subsection (a) of this Section, each
13designated automatic voter registration agency that does not
14collect or cross-reference records containing reliable
15personal information indicating citizenship status may provide
16that an application or , an application for renewal, a change
17of address form, or a recertification form for a license,
18permit, program, or service described in subsection (a), other
19than applications or forms described in subsection (b), shall
20serve as a dual-purpose application. The dual-purpose
21application shall:
22        (1) also serve as an application to register to vote
23    in Illinois;
24        (2) allow an applicant to change his or her registered
25    residence address or name as it appears on the voter
26    registration rolls; and

 

 

SB3736- 24 -LRB103 38253 SPS 68388 b

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

 

 

SB3736- 25 -LRB103 38253 SPS 68388 b

1application , unless the applicant declines to register to
2vote or update his or her voter registration, his or her
3application shall also serve as both an application to
4register to vote and his or her attestation that he or she
5meets the eligibility requirements for voter registration, and
6that his or her application to register to vote or update his
7or her registration will be transmitted to the State Board of
8Elections for the purpose of registering the person to vote at
9the residence address to be indicated on the dual-purpose
10application; , (iv) that information identifying the agency at
11which he or she applied to register to vote is confidential; ,
12(v) that declining to register to vote is confidential and
13will not affect any services the person may be seeking from the
14agency, and (v) (vi) any additional information needed in
15order to comply with Section 7 of the federal National Voter
16Registration Act of 1993. The designated automatic voter
17registration agency may provide additional instructions
18specific to applicants under subsection (b).
19    (c-10) Before asking any applicant described in subsection
20(c) to provide the attestation described in that subsection,
21the designated automatic voter registration agency shall
22clearly and conspicuously inform each applicant in writing:
23(i) of the qualifications to register to vote in Illinois;
24(ii) of the penalties provided by law for submission of a false
25voter registration application, including the
26immigration-related consequences of incorrectly claiming

 

 

SB3736- 26 -LRB103 38253 SPS 68388 b

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

 

 

SB3736- 27 -LRB103 38253 SPS 68388 b

1shall not require an applicant for a dual-purpose application
2to provide duplicate identification or information in order to
3complete an application to register to vote or change the
4applicant's his or her registered residence address or name.
5Before transmitting any personal information about an
6applicant to the State Board of Elections, the agency shall
7review its records of the identification documents the
8applicant provided or that the agency cross-references in
9order to complete the dual-purpose application, to confirm
10that nothing in those documents indicates that the applicant
11does not satisfy the qualifications to register to vote in
12Illinois at the applicant's his or her residence address. A
13completed and signed dual-purpose application, including a
14completed application under subsection (c) of this Section
15with a separate signature attesting that the applicant meets
16the qualifications to register to vote in Illinois at the his
17or her residence address as indicated on the his or her
18application, shall constitute an application to register to
19vote in Illinois at the residence address indicated in the
20application unless the person affirmatively declined in the
21application to register to vote or to change his or her
22registered residence address or name. If the identification
23documents provided to complete the dual-purpose application,
24or that the agency cross-references, indicate that the
25applicant he or she does not satisfy the qualifications to
26register to vote in Illinois at his or her residence address,

 

 

SB3736- 28 -LRB103 38253 SPS 68388 b

1the application shall be marked as incomplete. If the
2applicant provides the Office of the Secretary of State with
3an address designated by the Attorney General as a substitute
4mailing address under Section 15 of the Address
5Confidentiality for Victims of Domestic Violence, Sexual
6Assault, Human Trafficking, or Stalking Act or is a judicial
7officer of peace officer who provides the Office of the
8Secretary of State with a work address instead of a residence
9address, as authorized by subsection (a) of Section 6-106 of
10the Illinois Vehicle Code, the applicant shall not be offered
11voter registration by the Office of the Secretary of State.
12    (f) For each completed and signed dual-purpose application
13that constitutes an application to register to vote in
14Illinois or provides for a change in the applicant's
15registered residence address or name, the designated automatic
16voter registration agency shall electronically transmit to the
17State Board of Elections personal information needed to
18complete the person's registration to vote in Illinois at his
19or her residence address, including the applicant's language
20preference as indicated by the applicant or as otherwise
21collected by the designated automatic voter registration
22agency in the course of receiving applications and other forms
23regarding licenses, permits, programs, and services offered by
24the designated automatic voter registration agency. The
25application to register to vote shall be processed in
26accordance with Section 1A-16.7.

 

 

SB3736- 29 -LRB103 38253 SPS 68388 b

1    (g) As used in this Section:
2        "Designated automatic voter registration agency" or
3    "agency" means the divisions of Family and Community
4    Services and Rehabilitation Services of the Department of
5    Human Services, the Department of Employment Security, the
6    Department of Financial and Professional Regulation, the
7    Department of Natural Resources, or an agency of the
8    local, tribal, State, or federal government that has been
9    determined by the State Board of Elections to have access
10    to reliable personal information and has entered into an
11    interagency contract with the State Board of Elections to
12    participate in the automatic voter registration program
13    under this Section.
14        "Dual-purpose application" means an application, an
15    application for renewal, a change of address form, or a
16    recertification form for a license, permit, program, or
17    service offered by a designated automatic voter
18    registration agency that also serves as an application to
19    register to vote in Illinois.
20        "Reliable personal information" means information
21    about individuals obtained from government sources that
22    may be used to verify whether an individual is eligible to
23    register to vote.
24    (h) (Blank). This Section shall be implemented no later
25than July 1, 2019.
26    (i) The Department of Healthcare and Family Services shall

 

 

SB3736- 30 -LRB103 38253 SPS 68388 b

1implement, as permitted by applicable federal law, an
2automatic voter registration system under this Section for
3applicants for Illinois Medicaid no later than July 1, 2026.
4The Department of Healthcare and Family Services, or its
5agent, may perform the procedures described in subsections
6(f), (g), and (g-5) of Section 1A-16.7 and electronically
7transmit to the State Board of Elections the personal
8information needed to complete an applicant's registration to
9vote in Illinois at his or her residence address for each
10applicant who does not decline to be registered or decline an
11update. The procedures and notices described in subsections
12(f), (g), and (g-5) of Section 1A- 16.7 may be modified to the
13extent necessary to comply with applicable federal law. For
14purposes of this subsection, the State Board of Elections may
15serve as the agent of the Department of Healthcare and Family
16Services.
17    (j) If an agency under this Section receives documentation
18that an applicant is a United States citizen, as described in
19subsection (g) of Section 1A-16.1, or the agency
20cross-references reliable personal information that
21establishes that the applicant is a United States citizen for
22more than one person listed on an application for a license,
23permit, program, or service, each person for whom the agency
24receives the documentation or reliable personal information
25may be considered an applicant under this Section and the
26application may serve as a dual-purpose application for each

 

 

SB3736- 31 -LRB103 38253 SPS 68388 b

1person.
2    (k) The changes made to this Section by this amendatory
3Act of the 103rd General Assembly shall be implemented no
4later than January 1, 2026.
5(Source: P.A. 100-464, eff. 8-28-17.)
 
6    (10 ILCS 5/1A-16.3 new)
7    Sec. 1A-16.3. Language assistance.
8    (a) Every facility operated by the Driver Services
9Department of the Office of the Secretary of State and all
10facilities of a designated voter registration agency located
11in a political subdivision covered by Section 203 of the
12federal Voting Rights Act shall display and make plainly
13visible signage informing applicants about the type of
14language assistance available. The signage shall be in the
15covered languages applicable for the political subdivision.
16    (b) Every facility operated by the Driver Services
17Department of the Office of the Secretary of State and all
18facilities of a designated voter registration agency located
19in a political subdivision covered by Section 203 of the
20federal Voting Rights Act shall make available, in the covered
21languages, all written materials and verbal communication
22regarding voter registration for the purpose of processing the
23applicant's dual-purpose application described in Sections
241A-16.1 and 1A-16.2. These materials shall include the notices
25described in subsection (b-10) of Section 1A-16.1 and

 

 

SB3736- 32 -LRB103 38253 SPS 68388 b

1subsection (e) of Section 2-105 of the Illinois Vehicle Code,
2the affirmations described in paragraph (3) of subsection (b)
3of Section 1A-16.1 and paragraph (3) of subsection (b) of
4Section 1A-16.2, and the attestations described in subsection
5(b-5) of Section 1A-16.1 and paragraph (3) of subsection (c)
6of Section 1A-16.2.
7    (c) In addition to the requirements under subsections (a)
8and (b), every facility operated by the Driver Services
9Department of the Office of the Secretary of State and all
10designated automatic voter registration agencies as defined in
11subsection (g) of Section 1A-16.2 shall make available, in the
125 most common non-English languages in this State, all written
13materials provided to an applicant for the purpose of
14processing the applicant's dual-purpose application as
15described in Sections 1A-16.1 and 1A-16.2. These materials
16shall include, but not be limited to, the notices described in
17subsection (b-10) of Section 1A-16.1 and subsection (e) of
18Section 2-105 of the Illinois Vehicle Code, the affirmations
19described in paragraph (3) of subsection (b) of Section
201A-16.1 and paragraph (3) of subsection (b) of Section
211A-16.2, and the attestations described in subsection (b-5) of
22Section 1A-16.1 and paragraph (3) of subsection (c) of Section
231A-16.2. The Office of the Secretary of the State shall
24determine the 5 most common non-English languages in this
25State by referring to the best available data from the United
26States Census Bureau or other sources that the Office of the

 

 

SB3736- 33 -LRB103 38253 SPS 68388 b

1Secretary of the State considers relevant and reliable.
 
2    (10 ILCS 5/1A-16.7)
3    Sec. 1A-16.7. Automatic voter registration.
4    (a) The State Board of Elections shall establish and
5maintain a portal for automatic government agency voter
6registration that permits an eligible person to electronically
7apply to register to vote or to update his or her existing
8voter registration as provided in Section 1A-16.1 or Section
91A-16.2. The portal shall interface with the online voter
10registration system established in Section 1A-16.5 of this
11Code and shall be capable of receiving and processing voter
12registration application information, including electronic
13signatures, from the Office of the Secretary of State and each
14designated automatic voter registration agency, as defined in
15Section 1A-16.2. The State Board of Elections may
16cross-reference voter registration information from any
17designated automatic voter registration agency, as defined
18under Section 1A-16.2 of this Code, with information contained
19in the database of the Secretary of State as provided under
20subsection (c) of Section 1A-16.5 of this Code. The State
21Board of Elections shall modify the online voter registration
22system as necessary to implement this Section.
23    (b) Voter registration data received from the Office of
24the Secretary of State or a designated automatic voter
25registration agency through the online registration

 

 

SB3736- 34 -LRB103 38253 SPS 68388 b

1application system shall be processed as provided in Section
21A-16.5 of this Code.
3    (c) The State Board of Elections shall establish technical
4specifications applicable to each automatic government
5registration program, including data format and transmission
6specifications. The Office of the Secretary of State and each
7designated automatic voter registration agency shall maintain
8a data transfer mechanism capable of transmitting voter
9registration application information, including electronic
10signatures where available, to the online voter registration
11system established in Section 1A-16.5 of this Code.
12    (d) The State Board of Elections shall, by rule, establish
13criteria and procedures for determining whether an agency of
14the State or federal government seeking to become a designated
15automatic voter registration agency in the course of receiving
16applications and other forms regarding licenses, permits,
17programs, and services offered by the agency, receives
18documentation that an applicant is a United States citizen, as
19described in subsection (g) of Section 1A-16.1, or has access
20to reliable personal information, as defined under this
21subsection (d) and subsection (f) of Section 1A-16.2 of this
22Code, and otherwise meets the requirements to enter into an
23interagency contract and to operate as a designated automatic
24voter registration agency. The State Board of Elections shall
25approve each interagency contract upon affirmative vote of a
26majority of its members.

 

 

SB3736- 35 -LRB103 38253 SPS 68388 b

1    As used in this subsection (d), "reliable personal
2information" means information about individuals obtained from
3government sources that may be used to verify whether an
4individual is eligible to register to vote.
5    (e) Whenever an applicant's data is transferred from the
6Office of the Secretary of State or a designated automatic
7voter registration agency, the agency must transmit a
8signature image if available. If no signature image was
9provided by the agency and , or if no signature image is
10available in the Office of the Secretary of State's database
11or the statewide voter registration database, or other
12database available to the State Board of Elections, the
13applicant must be notified that voter his or her registration
14will remain in a pending status until the applicant: , and the
15applicant will be required to
16        (1) provides provide identification that complies with
17    the federal Help America Vote Act of 2002 and a signature
18    to the election authority on election day in the polling
19    place or during early voting; .
20        (2) provides identification that complies with the
21    federal Help America Vote Act of 2002 and a signature with
22    a mail ballot, or provides a signature in accordance with
23    the procedures described in subsection (g-5) of Section
24    19-8; or
25        (3) provides a signature in response to the notice
26    described in subsection (g) or by other paper or

 

 

SB3736- 36 -LRB103 38253 SPS 68388 b

1    electronic means determined by the State Board of
2    Elections.
3    (f) Upon receipt of personal information collected and
4transferred by the Office of the Secretary of State or a
5designated automatic voter registration agency, the State
6Board of Elections shall check the information against the
7statewide voter registration database. The State Board of
8Elections shall create and electronically transmit to the
9appropriate election authority a voter registration
10application for any individual who is not registered to vote
11in Illinois and is not disqualified as provided in this
12Section or whose information reliably indicates a more recent
13update to the name or address of a person already included in
14the statewide voter database. The election authority shall
15process the application accordingly. If the individual
16provides the Office of the Secretary of State or a designated
17automatic voter registration agency with an address designated
18by the Attorney General as a substitute mailing address under
19Section 15 of the Address Confidentiality for Victims of
20Domestic Violence, Sexual Assault, Human Trafficking, or
21Stalking Act or if the State Board of Elections otherwise
22determines that the individual is a program participant under
23Section 10 of the Address Confidentiality for Victims of
24Domestic Violence, Sexual Assault, Human Trafficking, or
25Stalking Act, the State Board of Elections shall not create or
26electronically transmit to an election authority a voter

 

 

SB3736- 37 -LRB103 38253 SPS 68388 b

1registration the application for the individual. If a judicial
2officer or peace officers provides the Office of the Secretary
3of State with a work address instead of a residence address as
4authorized by paragraph (a) of Section 6-109 of the Illinois
5Vehicle Code, the State Board of elections shall not create or
6electronically transmit to an election authority a voter
7registration application for the individual. The State Board
8of Elections may provide alternative voter registration
9procedures for the individuals described in this subsection.
10    (g) The appropriate election authority shall ensure that
11any applicant about whom it receives information from the
12State Board of Elections under subsection (f) who is
13registered to vote or whose existing voter registration is
14updated under this Section is promptly sent written notice of
15the change. The notice required by this subsection (g) may be
16sent or combined with other notices required or permitted by
17law, including, but not limited to, any notices sent pursuant
18to Section 1A-16.5 of this Code. Any notice required by this
19subsection (g) shall contain, at a minimum: (i) the
20applicant's name and residential address as reflected on the
21voter registration list; (ii) a statement notifying the
22applicant to contact the appropriate election authority if his
23or her voter registration has been updated in error; (iii) the
24qualifications to register to vote in Illinois; (iv) a
25statement notifying the applicant that he or she may opt out of
26voter registration or request a change to his or her

 

 

SB3736- 38 -LRB103 38253 SPS 68388 b

1registration information at any time by contacting an election
2official; and (iii) (v) contact information for the
3appropriate election authority, including a phone number,
4address, electronic mail address, and website address.
5    For an applicant under subsection (b) of Section 1A-16.1
6or subsection (b) of Section 1A-16.2 who is not currently
7registered to vote in Illinois, the notice shall be sent
8within 5 business days after the transmission of the voter
9registration application to the election authority and shall
10contain:
11        (1) the following statement: "After your recent visit
12    to [an Illinois Secretary of State Driver Services
13    Facility, or designated automatic voter registration
14    agency] we started an automatic voter registration process
15    for you. You will be registered to vote unless you
16    complete, sign, and return this card by [deadline date].";
17        (2) the notices required by Section 5(c)(2) of the
18    National Voter Registration Act of 1993; and
19        (3) an opportunity to provide a signature as described
20    in subsection (e) and to select a language for election
21    materials if applicable to the jurisdiction, by prepaid
22    postage.
23    For an applicant under subsection (b) of Section 1A-16.1
24or subsections (b) of Section 1A-16.2 who is currently
25registered to vote in Illinois and whose application contains
26a change in the applicant's registered residence address or

 

 

SB3736- 39 -LRB103 38253 SPS 68388 b

1name, the notice shall be sent within 5 business days after the
2transmission of the voter registration application to the
3election authority and shall contain:
4        (1) the following statement: "After your recent visit
5    to [an Illinois Secretary of State Driver Services
6    Facility or designated automatic voter registration
7    agency], we started an update to your voter registration.
8    Your voter registration will be updated unless you
9    complete, sign and return this card by [deadline date].";
10        (2) the notices required by Section 5(c)(2) of the
11    National Voter Registration Act of 1993; and
12        (3) an opportunity to provide a signature as described
13    in subsection (e), and to select a language for election
14    materials if applicable to the jurisdiction, by prepaid
15    postage.
16    Any notice required by this subsection shall, at a
17minimum, be provided in languages for which there is coverage
18for the jurisdiction of the election authority under Section
19203 of the federal Voting Rights Act, as identified by the
20United States Census Bureau in the Federal Register. Any
21notice required by this subsection must also comply with all
22applicable, federal, State, and local laws, regulations, and
23ordinances that relate to providing language access to
24individuals with limited English proficiency. If the State
25Board of Elections has received language preference
26information regarding the applicant and has transmitted that

 

 

SB3736- 40 -LRB103 38253 SPS 68388 b

1information to the appropriate election authority, the
2appropriate election authority shall take all practicable
3measures to send the notice to the applicant in the
4applicant's preferred language.
5    (g-5) If an applicant under subsection (b) of Section
61A-16.1 or subsection (b) of Section 1A-16.2 returns the
7notice described in subsection (g) declining to be registered
8within 23 days after the mailing of the notice, the applicant
9shall not be registered to vote and the applicant shall be
10deemed not to have attempted to register to vote. If an
11applicant under subsection (b) of Section 1A-16.1 or
12subsection (b) of Section 1A-16.2 returns the notice described
13in subsection (g) declining or correcting the update within 23
14days after the mailing of the notice, the applicant's update
15shall be declined or corrected in the statewide voter
16registration database. If an applicant returns the notice
17described in subsection (g) but does not do so within 23 days
18after the mailing of the notice, then the applicant shall be
19registered to vote under the name and address contained in the
20dual-purpose application. If an applicant returns the notice
21described in subsection (g) declining to be registered or
22declining or correcting the update more than 23 days after the
23mailing of the notice, then the notice shall be processed as a
24request to cancel or update the applicant's registration.
25During the 23-day period specified in this subsection, an
26applicant's voter registration or updated voter registration

 

 

SB3736- 41 -LRB103 38253 SPS 68388 b

1shall be in a pending status.
2    (g-6) If an applicant under subsection (b) of Section
31A-16.1 or subsection (b) of Section 1A-16.2 returns the
4notice indicating a language preference, the language
5preference shall be retained as part of the person's
6registration information.
7    (h) The appropriate election authority shall ensure that
8any applicant whose voter registration application is not
9accepted or deemed incomplete is promptly sent written notice
10of the application's status. The notice required by this
11subsection may be sent or combined with other notices required
12or permitted by law, including, but not limited to, any
13notices sent pursuant to Section 1A-16.5 of this Code. Any
14notice required by this subsection (h) shall contain, at a
15minimum, the reason the application was not accepted or deemed
16incomplete and contact information for the appropriate
17election authority, including a phone number, address,
18electronic mail address, and website address.
19    (i) If the Office of the Secretary of State or a designated
20automatic voter registration agency transfers information, or
21if the State Board of Elections creates and transmits a voter
22registration application, for a person who does not qualify as
23an eligible voter, then it shall not constitute a completed
24voter registration form, and the person shall not be
25considered to have registered to vote. The Office of the
26Secretary of State, a designated automatic voter registration

 

 

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

 

 

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

 

 

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

 

 

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1    (o) The State Board of Elections shall submit an annual
2public report to the General Assembly and the Governor
3detailing the progress made to implement this Section. The
4report shall include all of the following: the number of
5records transferred under this Section by agency, the number
6of voters newly added to the statewide voter registration list
7because of records transferred under this Section by agency,
8the number of updated registrations under this Section by
9agency, the number of persons who opted out of voter
10registration, and the number of voters who submitted voter
11registration forms using the online procedure described in
12Section 1A-16.5 of this Code. The 2018 and 2019 annual reports
13may include less detail if election authorities are not
14equipped to provide complete information to the State Board of
15Elections. Any report produced under this subsection (o) shall
16exclude any information that identifies any individual
17personally.
18    (p) The State Board of Elections, in consultation with
19election authorities, the Office of the Secretary of State,
20designated automatic voter registration agencies, and
21community organizations, shall adopt rules as necessary to
22implement the provisions of this Section.
23    (q) The changes made to this Section by this amendatory
24Act of the 103rd General Assembly shall be implemented no
25later than January 1, 2026.
26(Source: P.A. 100-464, eff. 8-28-17.)
 

 

 

SB3736- 46 -LRB103 38253 SPS 68388 b

1    (10 ILCS 5/1A-16.8)
2    Sec. 1A-16.8. Automatic transfer of registration based
3upon information from the National Change of Address database
4and designated automatic voter registration agencies.
5    (a) The State Board of Elections shall cross-reference the
6statewide voter registration database against the United
7States Postal Service's National Change of Address database
8twice each calendar year, April 15 and October 1 in
9odd-numbered years and April 15 and December 1 in
10even-numbered years or with the same frequency as in
11subsection (b) of this Section, and shall share the findings
12with the election authorities.
13    (b) In addition, beginning no later than September 1,
142017, the State Board of Elections shall utilize data provided
15as part of its membership in the Electronic Registration
16Information Center in order to cross-reference the statewide
17voter registration database against databases of relevant
18personal information kept by designated automatic voter
19registration agencies, including, but not limited to, driver's
20license information kept by the Secretary of State, at least 6
21times each calendar year and shall share the findings with
22election authorities.
23    This subsection (b) shall no longer apply once Sections
241A-16.1 and 1A-16.2 of this Code are fully implemented as
25determined by the State Board of Elections. Upon a

 

 

SB3736- 47 -LRB103 38253 SPS 68388 b

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

 

 

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

 

 

SB3736- 49 -LRB103 38253 SPS 68388 b

1subsection (g) of Section 1A-16.1, may enter into an agreement
2with the State Board of Elections to transmit information that
3shall serve only to update an applicant's existing voter
4registration record. Under the agreement, the agency shall
5transmit information on all clients who may be registered to
6vote with a clear indication that the information shall be
7used only for updates. The State Board of Elections shall
8determine which applicants are already registered to vote and,
9for any voter whose information provided to the agency differs
10from that on the voter registration record, provide that
11information to the voter's local election authority who shall
12update a registered voter's records in accordance with the
13procedures described in Section 1A-16.7. The State Board of
14Election and local election authority shall take no action
15under this subsection for any applicant not already registered
16to vote.
17    This subsection shall be implemented no later than January
181, 2026.
19    (d) No voter shall be disqualified from voting due to an
20error relating to an update of registration under this
21Section.
22(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
 
23    Section 10. The Illinois Vehicle Code is amended by
24changing Section 2-105 as follows:
 

 

 

SB3736- 50 -LRB103 38253 SPS 68388 b

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

 

 

SB3736- 51 -LRB103 38253 SPS 68388 b

1    (e) Each applicant person applying at a driver services
2facility for a driver's license or permit, a corrected
3driver's license or permit, an Illinois Identification Card
4identification card or a corrected Illinois Identification
5Card who has presented documentation establishing United
6States citizenship as set forth in subsection (g) of Section
71A-16.1 of the Election Code identification card shall be
8notified, under the procedures set forth in Sections 1A-16.1
9and 1A-16.7 of the Election Code, that the applicant's unless
10he or she affirmatively declines, his or her personal
11information shall be transferred to the State Board of
12Elections for the purpose of creating an electronic voter
13registration application. Each applicant applying at a driver
14services facility for a driver's license or permit, a
15corrected driver's license or permit or a State Identification
16Card or a corrected Illinois Identification Card who presented
17documentation that neither establishes that the applicant is a
18United States citizen nor establishes that the applicant is
19not a United States citizen, but who affirmatively indicated
20they wished to apply to register to vote and attested, in
21writing, to United States citizenship, shall be notified,
22under the procedures set forth in Sections 1A-16.1 and 1A-16.7
23of the Election Code that the applicant's personal information
24will be transmitted to the State Board of Elections for the
25purpose of creating an electronic voter registration
26application. Such notification may be made in writing or

 

 

SB3736- 52 -LRB103 38253 SPS 68388 b

1verbally issued by an employee or the Secretary of State.
2    The Secretary of State shall promulgate
such rules as may
3be necessary for the efficient execution of his duties and the
4duties of his employees under this Section.
5    (f) Any person applying at a driver services facility for
6issuance or renewal of a driver's license or Illinois
7Identification Card shall be provided, without charge, with a
8brochure warning the person of the dangers of financial
9identity theft. The Department of Financial and Professional
10Regulation shall prepare these brochures and provide them to
11the Secretary of State for distribution. The brochures shall
12(i) identify signs warning the reader that he or she might be
13an intended victim of the crime of financial identity theft,
14(ii) instruct the reader in how to proceed if the reader
15believes that he or she is the victim of the crime of identity
16theft, and (iii) provide the reader with names and telephone
17numbers of law enforcement and other governmental agencies
18that provide assistance to victims of financial identity
19theft.
20    (g) (Blank). The changes made by this amendatory Act of
21the 100th General Assembly shall be implemented no later than
22July 1, 2018.
23    (h) The changes made to this Section by this amendatory
24Act of the 103rd General Assembly shall be implemented no
25later than January 1, 2026.
26(Source: P.A. 100-464, eff. 8-28-17.)
 

 

 

SB3736- 53 -LRB103 38253 SPS 68388 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.