State of Illinois
2023 and 2024


Introduced 2/6/2023, by Sen. Celina Villanueva


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

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

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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
59-2 and by adding Section 9-3 as follows:
6    (105 ILCS 5/9-2)  (from Ch. 122, par. 9-2)
7    Sec. 9-2. Election Definitions. As used in this Act in
8connection with elections of school officials and referenda:
9    (a) "Voter" or "Legal voter" or "elector" means a person
10qualified to vote under the general election law or a person
11qualified to vote under Section 9-3.
12    (b) "Certify" and "certification", when used in connection
13with elections of officers or referenda, refers to the
14certification in accordance with the general election law of
15offices, candidates or propositions to county clerks and
16boards of election commissioners for inclusion on the ballot
17at an election.
18    (c) "Submit" and "submission" when used in connection with
19a referendum on a proposition or question refers to the
20submission to the voters in accordance with the general
21election law of the proposition or question by county clerks
22and boards of election commissioners.
23    (d) "Local election official" means the secretary of a



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



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



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1Any information you provide to the local school board,
2including your name and address, may be obtained by
3Immigration and Customs Enforcement (ICE) and other agencies,
4organizations, and individuals. In addition, if you apply for
5naturalization, you will be asked whether you have ever
6registered or voted in a federal, state, or local election in
7the United States. You may wish to consult with an immigration
8attorney, an organization that protects immigrant rights, or
9other knowledgeable source before registering to vote in a
10local school board election.".
11    (e) The notice in subsection (d) shall appear in
12conspicuous type in contrast by typography, layout, or color
13with all other words on each document or website where the
14notice appears. The words "IMPORTANT NOTICE FOR NONCITIZENS OF
15THE UNITED STATES" shall appear in capital letters. The notice
16shall be included on both the State Board of Education's and
17the local school board's Internet websites.