Bill Text: IL SB1565 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-06-15 - Rule 3-9(a) / Re-referred to Assignments [SB1565 Detail]

Download: Illinois-2021-SB1565-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1565 Introduced 2/26/2021, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
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.
LRB102 12941 CMG 18284 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1565 LRB102 12941 CMG 18284 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
9-2 and by adding Section 9-3 as follows:
(105 ILCS 5/9-2) (from Ch. 122, par. 9-2)
Sec. 9-2. Election Definitions. As used in this Act in
connection with elections of school officials and referenda:
(a) "Voter" or "Legal voter" or "elector" means a person
qualified to vote under the general election law or a person
qualified to vote under Section 9-3.
(b) "Certify" and "certification", when used in connection
with elections of officers or referenda, refers to the
certification in accordance with the general election law of
offices, candidates or propositions to county clerks and
boards of election commissioners for inclusion on the ballot
at an election.
(c) "Submit" and "submission" when used in connection with
a referendum on a proposition or question refers to the
submission to the voters in accordance with the general
election law of the proposition or question by county clerks
and boards of election commissioners.
(d) "Local election official" means the secretary of a

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board of education, the secretary or clerk of a board of school
directors, the treasurer of a township board of school
trustees, the secretary of township land commissioners and the
regional superintendent of schools with respect to the various
school officer elections and school referenda for which the
regional superintendent is assigned election duties pursuant
to this Code.
(Source: P.A. 84-1338.)
(105 ILCS 5/9-3 new)
Sec. 9-3. Noncitizen registration for school board
elections.
(a) The State Board of Education shall 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. Registration affidavits shall be filed
with the local school board.
(1) Elections conducted under this Section, for the
purpose of Section 1, Article III of the Illinois
Constitution, are considered non-State elections and are
not subject to the citizenship requirement of that
Section.
(2) Upon request, a voter may obtain a ballot listing
only offices to be elected under this Section.
(b) The voter registration affidavit shall, in addition to
any other information required by the State Board of

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Education, require the individual to attest under penalty of
perjury that:
(1) the individual is not a United States citizen;
(2) the individual is a resident within the boundaries
of a school district and intends to remain a resident
within those boundaries until the next school board
election;
(3) the individual is a parent, legal guardian, or
caregiver of a child who, at the time of the next school
board election, will be under age 19 and resides within
the boundaries of a school district;
(4) at the time of the next school board election, the
individual will be at least 18 years old; and
(5) the individual is not otherwise disqualified from
voting under Section 2, Article III of the Illinois
Constitution.
The voter registration affidavit shall also state that it
does not entitle an individual to vote in elections other than
school board elections.
(c) An individual's voter registration affidavit shall be
valid for one school board election. An individual must submit
a new voter registration affidavit prior to voting in each
school board election.
(d) The voter registration affidavit shall include the
following notice:
"IMPORTANT NOTICE FOR NONCITIZENS OF THE UNITED STATES.

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