§ 1A-16.1 — Automatic voter registration; Secretary of State

Illinois § 1A-16.1

• Jurisdiction: Illinois
• Topic: GOVERNMENT
• Ch. 10: ELECTIONS
• Act 10 ILCS 5/: Election Code.
• Art.: Article 1A - State Board Of Elections

Text

(a) The Office of the Secretary of State and the State Board of Elections, pursuant to an interagency contract and jointly adopted rules, shall establish an automatic voter registration program that satisfies the requirements of this Section and other applicable law. (b) If an application, an application for renewal, a change of address form, or a recertification form for a driver's license or a State identification card issued by the Office of the Secretary of State meets the requirements of the federal REAL ID Act of 2005, then that application shall serve as a dual-purpose application. The dual-purpose application shall: (1) also serve as an application to register to vote in Illinois; (2) allow an applicant to change his or her registered residence address or name as it appears on the voter registration rolls; (3) provide the applicant with an opportunity to affirmatively decline to register to vote or to change his or her registered residence address or name by providing a check box on the application form without requiring the applicant to state the reason; and (4) unless the applicant declines to register to vote or change his or her registered residence address or name, require the applicant to attest, by signature under penalty of perjury as described in subsection (e) of this Section, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her driver's license or identification card dual-purpose application. (b-5) If an application, an application for renewal, a change of address form, or a recertification form for a driver's license or a State identification card issued by the Office of the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card and does not list a social security number for the applicant, does not meet the requirements of the federal REAL ID Act of 2005, then that application shall serve as a dual-purpose application. The dual-purpose application shall: (1) also serve as an application to register to vote in Illinois; (2) allow an applicant to change his or her registered residence address or name as it appears on the voter registration rolls; and (3) if the applicant chooses to register to vote or to change his or her registered residence address or name, then require the applicant to attest, by a separate signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application. (b-10) The Office of the Secretary of State shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois, (ii) of the penalties provided by law for submission of a false voter registration application, (iii) that, unless the applicant declines to register to vote or update his or her voter registration, his or her dual-purpose application shall also serve as both an application to register to vote and his or her attestation that he or she meets the eligibility requirements for voter registration, and that his or her application to register to vote or update his or her registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on his or her driver's license or identification card, and (iv) that declining to register to vote is confidential and will not affect any services the person may be seeking from the Office of the Secretary of State. (c) The Office of the Secretary of State shall review information provided to the Office of the Secretary of State by the State Board of Elections to inform each applicant for a driver's license or permit or a State identification card issued by the Office of the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card and does not list a social security number for the applicant, whether the applicant is currently registered to vote in Illinois and, if registered, at what address. (d) The Office of the Secretary of State shall not require an applicant for a driver's license or State identification card to provide duplicate identification or information in order to complete an application to register to vote or change his or her registered residence address or name. Before transmitting any personal information about an applicant to the State Board of Elections, the Office of the Secretary of State shall review its records of the identification documents the applicant provided in order to complete the application for a driver's license or State identification card to confirm that nothing in those documents indicates that the applicant does not satisfy the qualifications to register to vote in Illinois at his or her residence address. (e) A completed, signed application for (i) a driver's license or permit or a State identification card issued by the Office of the Secretary of State, that meets the requirements of the federal REAL ID Act of 2005; or (ii) a completed application under subsection (b-5) of this Section with a separate signature attesting the applicant meets the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her application shall constitute a signed application to register to vote in Illinois at the residence address indicated in the application unless the person affirmatively declined in the application to register to vote or to change his or her registered residence address or name. If the identification documents provided to complete the dual-purpose application indicate that he or she does not satisfy the qualifications to register to vote in Illinois at his or her residence address, the application shall be marked as incomplete. (f) For each completed and signed application that constitutes an application to register to vote in Illinois or provides for a change in the applicant's registered residence address or name, the Office of the Secretary of State shall electronically transmit to the State Board of Elections personal information needed to complete the person's registration to vote in Illinois at his or her residence address. The application to register to vote shall be processed in accordance with Section 1A-16.7. (g) If the federal REAL ID Act of 2005 is repealed, abrogated, superseded, or otherwise no longer in effect, then the State Board of Elections shall establish criteria for determining reliable personal information indicating citizenship status and shall adopt rules as necessary for the Secretary of State to continue processing dual-purpose applications under this Section. (h) As used in this Section, "dual-purpose application" means an application, an application for renewal, a change of address form, or a recertification form for driver's license or permit or a State identification card offered by the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card and does not list a social security number for the applicant, that also serves as an application to register to vote in Illinois. "Dual-purpose application" does not mean an application under subsection (c) of Section 6-109 of the Illinois Vehicle Code.

Legislative History

(Source: P.A. 103-210, eff. 7-1-24; 103-605, eff. 7-1-24.)