HB 5788

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Full Text of HB5788
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	HB5788 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5788
Introduced , by Rep. Christopher "C.D." Davidsmeyer
SYNOPSIS AS INTRODUCED:
10 ILCS 5/4-10	  from Ch. 46, par. 4-10
10 ILCS 5/5-9	  from Ch. 46, par. 5-9
10 ILCS 5/6-37	  from Ch. 46, par. 6-37
15 ILCS 305/38 new
Amends the Secretary of State Act. Provides that, by January 1, 2027, the Secretary of State shall establish and maintain a secure database that is accessible to local election officials and that indicates whether the particular person to whom a driver's license or State identification card has been issued is a United States citizen. Amends the Election Code. Provides that, on and after January 1, 2027, before an applicant is registered to vote, the registration officer shall verify the applicant's citizenship status using the secure database maintained by the Secretary of State. Provides that, if the information in the database indicates that the applicant is not a United States citizen, then the applicant's card shall be marked with the word "incomplete", and the registration officer shall notify the applicant in writing that (i) the application is incomplete and (ii) the applicant may not vote unless the applicant appears before the county clerk to present evidence that the applicant is a United States citizen. Effective immediately.
LRB104 22064 SPS 38189 b
A BILL FOR
		HB5788		LRB104 22064 SPS 38189 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 4-10, 5-9, and 6-37 as follows:
6    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
7    Sec. 4-10. Except as herein provided, no person shall be
8registered, unless he applies in person to a registration
9officer, answers such relevant questions as may be asked of
10him by the registration officer, and executes the affidavit of
11registration. The registration officer shall require the
12applicant to furnish two forms of identification, and except
13in the case of a homeless individual, one of which must include
14his or her residence address. These forms of identification
15shall include, but not be limited to, any of the following:
16driver's license, social security card, public aid
17identification card, utility bill, employee or student
18identification card, lease or contract for a residence, credit
19card, or a civic, union or professional association membership
20card. The registration officer shall require a homeless
21individual to furnish evidence of his or her use of the mailing
22address stated. This use may be demonstrated by a piece of mail
23addressed to that individual and received at that address or
		HB5788	- 2 -	LRB104 22064 SPS 38189 b
1by a statement from a person authorizing use of the mailing
2address. The registration officer shall require each applicant
3for registration to read or have read to him the affidavit of
4registration before permitting him to execute the affidavit.
5    One of the registration officers or a deputy registration
6officer, county clerk, or clerk in the office of the county
7clerk, shall administer to all persons who shall personally
8apply to register the following oath or affirmation:
9    "You do solemnly swear (or affirm) that you will fully and
10truly answer all such questions as shall be put to you touching
11your name, place of residence, place of birth, your
12qualifications as an elector and your right as such to
13register and vote under the laws of the State of Illinois."
14    The registration officer shall satisfy himself that each
15applicant for registration is qualified to register before
16registering him. If the registration officer has reason to
17believe that the applicant is a resident of a Soldiers' and
18Sailors' Home or any facility which is licensed or certified
19pursuant to the Nursing Home Care Act, the Specialized Mental
20Health Rehabilitation Act of 2013, the ID/DD Community Care
21Act, or the MC/DD Act, the following question shall be put,
22"When you entered the home which is your present address, was
23it your bona fide intention to become a resident thereof?" Any
24voter of a township, city, village or incorporated town in
25which such applicant resides, shall be permitted to be present
26at the place of any precinct registration and shall have the
		HB5788	- 3 -	LRB104 22064 SPS 38189 b
1right to challenge any applicant who applies to be registered.
2    In case the officer is not satisfied that the applicant is
3qualified he shall forthwith notify such applicant in writing
4to appear before the county clerk to complete his
5registration. Upon the card of such applicant shall be written
6the word "incomplete" and no such applicant shall be permitted
7to vote unless such registration is satisfactorily completed
8as hereinafter provided. No registration shall be taken and
9marked as incomplete if information to complete it can be
10furnished on the date of the original application.
11    Any person claiming to be an elector in any election
12precinct and whose registration card is marked "Incomplete"
13may make and sign an application in writing, under oath, to the
14county clerk in substance in the following form:
15    "I do solemnly swear that I, ...., did on (insert date)
16make application to the board of registry of the .... precinct
17of the township of .... (or to the county clerk of .... county)
18and that said board or clerk refused to complete my
19registration as a qualified voter in said precinct. That I
20reside in said precinct, that I intend to reside in said
21precinct, and am a duly qualified voter of said precinct and am
22entitled to be registered to vote in said precinct at the next
23election.
24(Signature of applicant) ............................."
25    All such applications shall be presented to the county
		HB5788	- 4 -	LRB104 22064 SPS 38189 b
1clerk or to his duly authorized representative by the
2applicant, in person between the hours of 9:00 a.m. and 5:00
3p.m. on any day after the days on which the 1969 and 1970
4precinct re-registrations are held but not on any day within
527 days preceding the ensuing general election and thereafter
6for the registration provided in Section 4-7 all such
7applications shall be presented to the county clerk or his
8duly authorized representative by the applicant in person
9between the hours of 9:00 a.m. and 5:00 p.m. on any day prior
10to 27 days preceding the ensuing general election. Such
11application shall be heard by the county clerk or his duly
12authorized representative at the time the application is
13presented. If the applicant for registration has registered
14with the county clerk, such application may be presented to
15and heard by the county clerk or by his duly authorized
16representative upon the dates specified above or at any time
17prior thereto designated by the county clerk.
18    Any otherwise qualified person who is absent from his
19county of residence either due to business of the United
20States or because he is temporarily outside the territorial
21limits of the United States may become registered by mailing
22an application to the county clerk within the periods of
23registration provided for in this Article, or by simultaneous
24application for registration by mail and vote by mail ballot
25as provided in Article 20 of this Code.
26    Upon receipt of such application the county clerk shall
		HB5788	- 5 -	LRB104 22064 SPS 38189 b
1immediately mail an affidavit of registration in duplicate,
2which affidavit shall contain the following and such other
3information as the State Board of Elections may think it
4proper to require for the identification of the applicant:
5    Name. The name of the applicant, giving surname and first
6or Christian name in full, and the middle name or the initial
7for such middle name, if any.
8    Sex.
9    Residence. The name and number of the street, avenue or
10other location of the dwelling, and such additional clear and
11definite description as may be necessary to determine the
12exact location of the dwelling of the applicant. Where the
13location cannot be determined by street and number, then the
14Section, congressional township and range number may be used,
15or such other information as may be necessary, including post
16office mailing address.
17    Electronic mail address, if the registrant has provided
18this information.
19    Term of residence in the State of Illinois and the
20precinct.
21    Nativity. The State or country in which the applicant was
22born.
23    Citizenship. Whether the applicant is native born or
24naturalized. If naturalized, the court, place and date of
25naturalization.
26    Age. Date of birth, by month, day and year.
		HB5788	- 6 -	LRB104 22064 SPS 38189 b
1    Out of State address of ..........................
2AFFIDAVIT OF REGISTRATION
3State of ...........)
4                   )ss
5County of ..........)
6    I hereby swear (or affirm) that I am a citizen of the
7United States; that on the day of the next election I shall
8have resided in the State of Illinois and in the election
9precinct 30 days; that I am fully qualified to vote, that I am
10not registered to vote anywhere else in the United States,
11that I intend to remain a resident of the State of Illinois and
12of the election precinct, that I intend to return to the State
13of Illinois, and that the above statements are true.
14
..............................
15
(His or her signature or mark)
16    Subscribed and sworn to before me, an officer qualified to
17administer oaths, on (insert date).
18
........................................
19
Signature of officer administering oath.
20    Upon receipt of the executed duplicate affidavit of
21Registration, the county clerk shall transfer the information
22contained thereon to duplicate Registration Cards provided for
23in Section 4-8 of this Article and shall attach thereto a copy
24of each of the duplicate affidavit of registration and
25thereafter such registration card and affidavit shall
26constitute the registration of such person the same as if he
		HB5788	- 7 -	LRB104 22064 SPS 38189 b
1had applied for registration in person.
2    Notwithstanding any other provision of law, on and after 
3January 1, 2027, before an applicant is registered under this 
4Section, the registration officer shall verify the applicant's 
5citizenship status using the secure database maintained by the 
6Secretary of State under Section 38 of the Secretary of State 
7Act. If the information in the database indicates that the 
8applicant is not a United States citizen, then the applicant's 
9card shall be marked with the word "incomplete", and the 
10registration officer shall notify the applicant in writing 
11that (i) the application is incomplete and (ii) the applicant 
12may not vote unless the applicant appears before the county 
13clerk to present evidence that the applicant is a United 
14States citizen.
15(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
1698-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
177-29-15.)
18    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
19    Sec. 5-9. Except as herein provided, no person shall be
20registered unless he applies in person to registration
21officer, answers such relevant questions as may be asked of
22him by the registration officer, and executes the affidavit of
23registration. The registration officer shall require the
24applicant to furnish two forms of identification, and except
25in the case of a homeless individual, one of which must include
		HB5788	- 8 -	LRB104 22064 SPS 38189 b
1his or her residence address. These forms of identification
2shall include, but not be limited to, any of the following:
3driver's license, social security card, public aid
4identification card, utility bill, employee or student
5identification card, lease or contract for a residence, credit
6card, or a civic, union or professional association membership
7card. The registration officer shall require a homeless
8individual to furnish evidence of his or her use of the mailing
9address stated. This use may be demonstrated by a piece of mail
10addressed to that individual and received at that address or
11by a statement from a person authorizing use of the mailing
12address. The registration officer shall require each applicant
13for registration to read or have read to him the affidavit of
14registration before permitting him to execute the affidavit.
15    One of the Deputy Registrars, the Judge of Registration,
16or an Officer of Registration, County Clerk, or clerk in the
17office of the County Clerk, shall administer to all persons
18who shall personally apply to register the following oath or
19affirmation:
20    "You do solemnly swear (or affirm) that you will fully and
21truly answer all such questions as shall be put to you touching
22your place of residence, name, place of birth, your
23qualifications as an elector and your right as such to
24register and vote under the laws of the State of Illinois."
25    The Registration Officer shall satisfy himself that each
26applicant for registration is qualified to register before
		HB5788	- 9 -	LRB104 22064 SPS 38189 b
1registering him. If the registration officer has reason to
2believe that the applicant is a resident of a Soldiers' and
3Sailors' Home or any facility which is licensed or certified
4pursuant to the Nursing Home Care Act, the Specialized Mental
5Health Rehabilitation Act of 2013, the ID/DD Community Care
6Act, or the MC/DD Act, the following question shall be put,
7"When you entered the home which is your present address, was
8it your bona fide intention to become a resident thereof?" Any
9voter of a township, city, village or incorporated town in
10which such applicant resides, shall be permitted to be present
11at the place of precinct registration, and shall have the
12right to challenge any applicant who applies to be registered.
13    In case the officer is not satisfied that the applicant is
14qualified, he shall forthwith in writing notify such applicant
15to appear before the County Clerk to furnish further proof of
16his qualifications. Upon the card of such applicant shall be
17written the word "Incomplete" and no such applicant shall be
18permitted to vote unless such registration is satisfactorily
19completed as hereinafter provided. No registration shall be
20taken and marked as "incomplete" if information to complete it
21can be furnished on the date of the original application.
22    Any person claiming to be an elector in any election
23precinct in such township, city, village or incorporated town
24and whose registration is marked "Incomplete" may make and
25sign an application in writing, under oath, to the County
26Clerk in substance in the following form:
		HB5788	- 10 -	LRB104 22064 SPS 38189 b
1    "I do solemnly swear that I, .........., did on (insert
2date) make application to the Board of Registry of the
3........ precinct of ........ ward of the City of .... or of
4the ......... District ......... Town of .......... (or to the
5County Clerk of .............) and ............ County; that
6said Board or Clerk refused to complete my registration as a
7qualified voter in said precinct, that I reside in said
8precinct (or that I intend to reside in said precinct), am a
9duly qualified voter and entitled to vote in said precinct at
10the next election.
11
...........................
12
(Signature of Applicant)"
13    All such applications shall be presented to the County
14Clerk by the applicant, in person between the hours of nine
15o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
16the third week subsequent to the weeks in which the 1961 and
171962 precinct re-registrations are to be held, and thereafter
18for the registration provided in Section 5-17 of this Article,
19all such applications shall be presented to the County Clerk
20by the applicant in person between the hours of nine o'clock
21a.m. and nine o'clock p.m. on Monday and Tuesday of the third
22week prior to the date on which such election is to be held.
23    Any otherwise qualified person who is absent from his
24county of residence either due to business of the United
25States or because he is temporarily outside the territorial
26limits of the United States may become registered by mailing
		HB5788	- 11 -	LRB104 22064 SPS 38189 b
1an application to the county clerk within the periods of
2registration provided for in this Article or by simultaneous
3application for registration by mail and vote by mail ballot
4as provided in Article 20 of this Code.
5    Upon receipt of such application the county clerk shall
6immediately mail an affidavit of registration in duplicate,
7which affidavit shall contain the following and such other
8information as the State Board of Elections may think it
9proper to require for the identification of the applicant:
10    Name. The name of the applicant, giving surname and first
11or Christian name in full, and the middle name or the initial
12for such middle name, if any.
13    Sex.
14    Residence. The name and number of the street, avenue or
15other location of the dwelling, and such additional clear and
16definite description as may be necessary to determine the
17exact location of the dwelling of the applicant. Where the
18location cannot be determined by street and number, then the
19Section, congressional township and range number may be used,
20or such other information as may be necessary, including post
21office mailing address.
22    Electronic mail address, if the registrant has provided
23this information.
24    Term of residence in the State of Illinois and the
25precinct.
26    Nativity. The State or country in which the applicant was
		HB5788	- 12 -	LRB104 22064 SPS 38189 b
1born.
2    Citizenship. Whether the applicant is native born or
3naturalized. If naturalized, the court, place and date of
4naturalization.
5    Age. Date of birth, by month, day and year.
6    Out of State address of ..........................
7AFFIDAVIT OF REGISTRATION
8State of .........)
9                 )ss
10County of ........)
11    I hereby swear (or affirm) that I am a citizen of the
12United States; that on the day of the next election I shall
13have resided in the State of Illinois for 6 months and in the
14election precinct 30 days; that I am fully qualified to vote,
15that I am not registered to vote anywhere else in the United
16States, that I intend to remain a resident of the State of
17Illinois and of the election precinct, that I intend to return
18to the State of Illinois, and that the above statements are
19true.
20
..............................
21
(His or her signature or mark)
22    Subscribed and sworn to before me, an officer qualified to
23administer oaths, on (insert date).
24
........................................
25
Signature of officer administering oath.
		HB5788	- 13 -	LRB104 22064 SPS 38189 b
1    Upon receipt of the executed duplicate affidavit of
2Registration, the county clerk shall transfer the information
3contained thereon to duplicate Registration Cards provided for
4in Section 5-7 of this Article and shall attach thereto a copy
5of each of the duplicate affidavit of registration and
6thereafter such registration card and affidavit shall
7constitute the registration of such person the same as if he
8had applied for registration in person.
9    Notwithstanding any other provision of law, on and after 
10January 1, 2027, before an applicant is registered under this 
11Section, the registration officer shall verify the applicant's 
12citizenship status using the secure database maintained by the 
13Secretary of State under Section 38 of the Secretary of State 
14Act. If the information in the database indicates that the 
15applicant is not a United States citizen, then the applicant's 
16card shall be marked with the word "incomplete", and the 
17registration officer shall notify the applicant in writing 
18that (i) the application is incomplete and (ii) the applicant 
19may not vote unless the applicant appears before the county 
20clerk to present evidence that the applicant is a United 
21States citizen.
22(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
2398-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
247-29-15.)
25    (10 ILCS 5/6-37)  (from Ch. 46, par. 6-37)
		HB5788	- 14 -	LRB104 22064 SPS 38189 b
1    Sec. 6-37. Except as otherwise provided for in Section
26-29 of this Article, no person shall be registered unless he
3applies in person to a registration officer, answers such
4relevant questions as may be asked of him by the registration
5officer, and executes the affidavit of registration. The
6registration officer shall require the applicant to furnish
7two forms of identification, and except in the case of a
8homeless individual, one of which must include his or her
9residence address. These forms of identification shall
10include, but not be limited to, any of the following: driver's
11license, social security card, public aid identification card,
12utility bill, employee or student identification card, lease
13or contract for a residence, credit card, or a civic, union or
14professional association membership card. The registration
15officer shall require a homeless individual to furnish
16evidence of his or her use of the mailing address stated. This
17use may be demonstrated by a piece of mail addressed to that
18individual and received at that address or by a statement from
19a person authorizing use of the mailing address. The
20registration officer shall require each applicant for
21registration to read or have read to him the affidavit of
22registration before permitting him to execute the affidavit.
23    The registration officer shall satisfy himself that each
24applicant for registration is qualified to register before
25registering him. Any voter of the ward, village or
26incorporated town in which such applicant resides, shall be
		HB5788	- 15 -	LRB104 22064 SPS 38189 b
1permitted to be present at the place of registration, and
2shall have the right to challenge any applicant who applies to
3be registered.
4    In case the officer is not satisfied that the applicant is
5qualified he shall forthwith in writing notify such applicant
6to appear before the board of election commissioners to
7furnish further proof of his qualification. Upon the card of
8such applicant shall be written the word "incomplete" and no
9such applicant shall be permitted to vote unless such
10registration is satisfactorily completed as hereinafter
11provided.
12    Any person claiming to be an elector in any election
13precinct in such city, village or incorporated town and whose
14registration is marked "incomplete" may make and sign an
15application in writing, under oath, to the board of election
16commissioners in substance in the following form:
17    "I do solemnly swear that I,.... did on .... make
18application to the board of registry of the .... precinct of
19.... ward of the city of ....(or to the board of election
20commissioners of ....) and that said board refused to complete
21my registration as a qualified voter in said precinct, that I
22reside in said precinct, am a duly qualified voter and
23entitled to vote in said precinct at the next election.
24....(Signature of Applicant)"
25    In all cities, villages or incorporated towns having a
26population of less than 200,000 all such applications shall be
		HB5788	- 16 -	LRB104 22064 SPS 38189 b
1presented to the board of election commissioners by the
2applicant, in person, between the hours of nine o'clock a.m.,
3and five o'clock p.m. on Tuesday or Wednesday of the second
4week prior to the week in which such election is to be held,
5and in all municipalities having a population of more than
6200,000 and having a board of election commissioners and in
7all cities, villages and incorporated towns within the
8jurisdiction of such board, all such applications shall be
9presented to the board of election commissioners by the
10applicant, in person between the hours of nine o'clock a.m.
11and five o'clock p.m., on Monday and Tuesday of the third week
12prior to the week in which such election is to be held.
13    Notwithstanding any other provision of law, on and after 
14January 1, 2027, before an applicant is registered under this 
15Section, the registration officer shall verify the applicant's 
16citizenship status using the secure database maintained by the 
17Secretary of State under Section 38 of the Secretary of State 
18Act. If the information in the database indicates that the 
19applicant is not a United States citizen, then the applicant's 
20card shall be marked with the word "incomplete", and the 
21registration officer shall notify the applicant in writing 
22that (i) the application is incomplete and (ii) the applicant 
23may not vote unless the applicant appears before the county 
24clerk to present evidence that the applicant is a United 
25States citizen.
26(Source: P.A. 96-317, eff. 1-1-10.)
		HB5788	- 17 -	LRB104 22064 SPS 38189 b
1    Section 10. The Secretary of State Act is amended by
2adding Section 38 as follows:
3    (15 ILCS 305/38 new)
4    Sec. 38. Secure voter registration database. By January 1, 
52027, the Secretary of State shall establish and maintain a 
6secure database that is accessible to local election officials 
7and that indicates whether the particular person to whom a 
8driver's license or State identification card has been issued 
9is a United States citizen.
10    Section 99. Effective date. This Act takes effect upon
11becoming law.