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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,
3
represented in the General Assembly:

4

Section 5.
The Election Code is amended by changing
5
Sections 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
8
registered, unless he applies in person to a registration
9
officer, answers such relevant questions as may be asked of
10
him by the registration officer, and executes the affidavit of
11
registration. The registration officer shall require the
12
applicant to furnish two forms of identification, and except
13
in the case of a homeless individual, one of which must include
14
his or her residence address. These forms of identification
15
shall include, but not be limited to, any of the following:
16
driver's license, social security card, public aid
17
identification card, utility bill, employee or student
18
identification card, lease or contract for a residence, credit
19
card, or a civic, union or professional association membership
20
card. The registration officer shall require a homeless
21
individual to furnish evidence of his or her use of the mailing
22
address stated. This use may be demonstrated by a piece of mail
23
addressed to that individual and received at that address or

HB5788
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LRB104 22064 SPS 38189 b
1
by a statement from a person authorizing use of the mailing
2
address. The registration officer shall require each applicant
3
for registration to read or have read to him the affidavit of
4
registration before permitting him to execute the affidavit.
5

One of the registration officers or a deputy registration
6
officer, county clerk, or clerk in the office of the county
7
clerk, shall administer to all persons who shall personally
8
apply to register the following oath or affirmation:
9

"You do solemnly swear (or affirm) that you will fully and
10
truly answer all such questions as shall be put to you touching
11
your name, place of residence, place of birth, your
12
qualifications as an elector and your right as such to
13
register and vote under the laws of the State of Illinois."
14

The registration officer shall satisfy himself that each
15
applicant for registration is qualified to register before
16
registering him. If the registration officer has reason to
17
believe that the applicant is a resident of a Soldiers' and
18
Sailors' Home or any facility which is licensed or certified
19
pursuant to the Nursing Home Care Act, the Specialized Mental
20
Health Rehabilitation Act of 2013, the ID/DD Community Care
21
Act, or the MC/DD Act, the following question shall be put,
22
"When you entered the home which is your present address, was
23
it your bona fide intention to become a resident thereof?" Any
24
voter of a township, city, village or incorporated town in
25
which such applicant resides, shall be permitted to be present
26
at the place of any precinct registration and shall have the

HB5788
- 3 -
LRB104 22064 SPS 38189 b
1
right to challenge any applicant who applies to be registered.
2

In case the officer is not satisfied that the applicant is
3
qualified he shall forthwith notify such applicant in writing
4
to appear before the county clerk to complete his
5
registration. Upon the card of such applicant shall be written
6
the word "incomplete" and no such applicant shall be permitted
7
to vote unless such registration is satisfactorily completed
8
as hereinafter provided. No registration shall be taken and
9
marked as incomplete if information to complete it can be
10
furnished on the date of the original application.
11

Any person claiming to be an elector in any election
12
precinct and whose registration card is marked "Incomplete"
13
may make and sign an application in writing, under oath, to the
14
county clerk in substance in the following form:
15

"I do solemnly swear that I, ...., did on (insert date)
16
make application to the board of registry of the .... precinct
17
of the township of .... (or to the county clerk of .... county)
18
and that said board or clerk refused to complete my
19
registration as a qualified voter in said precinct. That I
20
reside in said precinct, that I intend to reside in said
21
precinct, and am a duly qualified voter of said precinct and am
22
entitled to be registered to vote in said precinct at the next
23
election.
24
(Signature of applicant) ............................."

25

All such applications shall be presented to the county

HB5788
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LRB104 22064 SPS 38189 b
1
clerk or to his duly authorized representative by the
2
applicant, in person between the hours of 9:00 a.m. and 5:00
3
p.m. on any day after the days on which the 1969 and 1970
4
precinct re-registrations are held but not on any day within
5
27 days preceding the ensuing general election and thereafter
6
for the registration provided in Section 4-7 all such
7
applications shall be presented to the county clerk or his
8
duly authorized representative by the applicant in person
9
between the hours of 9:00 a.m. and 5:00 p.m. on any day prior
10
to 27 days preceding the ensuing general election. Such
11
application shall be heard by the county clerk or his duly
12
authorized representative at the time the application is
13
presented. If the applicant for registration has registered
14
with the county clerk, such application may be presented to
15
and heard by the county clerk or by his duly authorized
16
representative upon the dates specified above or at any time
17
prior thereto designated by the county clerk.
18

Any otherwise qualified person who is absent from his
19
county of residence either due to business of the United
20
States or because he is temporarily outside the territorial
21
limits of the United States may become registered by mailing
22
an application to the county clerk within the periods of
23
registration provided for in this Article, or by simultaneous
24
application for registration by mail and vote by mail ballot
25
as provided in Article 20 of this Code.
26

Upon receipt of such application the county clerk shall

HB5788
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LRB104 22064 SPS 38189 b
1
immediately mail an affidavit of registration in duplicate,
2
which affidavit shall contain the following and such other
3
information as the State Board of Elections may think it
4
proper to require for the identification of the applicant:
5

Name. The name of the applicant, giving surname and first
6
or Christian name in full, and the middle name or the initial
7
for such middle name, if any.
8

Sex.
9

Residence. The name and number of the street, avenue or
10
other location of the dwelling, and such additional clear and
11
definite description as may be necessary to determine the
12
exact location of the dwelling of the applicant. Where the
13
location cannot be determined by street and number, then the
14
Section, congressional township and range number may be used,
15
or such other information as may be necessary, including post
16
office mailing address.
17

Electronic mail address, if the registrant has provided
18
this information.
19

Term of residence in the State of Illinois and the
20
precinct.
21

Nativity. The State or country in which the applicant was
22
born.
23

Citizenship. Whether the applicant is native born or
24
naturalized. If naturalized, the court, place and date of
25
naturalization.
26

Age. Date of birth, by month, day and year.

HB5788
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LRB104 22064 SPS 38189 b
1

Out of State address of ..........................
2
AFFIDAVIT OF REGISTRATION
3
State of ...........)

4

)ss

5
County of ..........)
6

I hereby swear (or affirm) that I am a citizen of the
7
United States; that on the day of the next election I shall
8
have resided in the State of Illinois and in the election
9
precinct 30 days; that I am fully qualified to vote, that I am
10
not registered to vote anywhere else in the United States,
11
that I intend to remain a resident of the State of Illinois and
12
of the election precinct, that I intend to return to the State
13
of 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
17
administer oaths, on (insert date).
18
........................................
19
Signature of officer administering oath.
20

Upon receipt of the executed duplicate affidavit of
21
Registration, the county clerk shall transfer the information
22
contained thereon to duplicate Registration Cards provided for
23
in Section 4-8 of this Article and shall attach thereto a copy
24
of each of the duplicate affidavit of registration and
25
thereafter such registration card and affidavit shall
26
constitute the registration of such person the same as if he

HB5788
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LRB104 22064 SPS 38189 b
1
had applied for registration in person.
2

Notwithstanding any other provision of law, on and after
3
January 1, 2027, before an applicant is registered under this
4
Section, the registration officer shall verify the applicant's
5
citizenship status using the secure database maintained by the
6
Secretary of State under Section 38 of the Secretary of State
7
Act. If the information in the database indicates that the
8
applicant is not a United States citizen, then the applicant's
9
card shall be marked with the word "incomplete", and the
10
registration officer shall notify the applicant in writing
11
that (i) the application is incomplete and (ii) the applicant
12
may not vote unless the applicant appears before the county
13
clerk to present evidence that the applicant is a United
14
States citizen.

15
(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
16
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
17
7-29-15.)

18

(10 ILCS 5/5-9)

(from Ch. 46, par. 5-9)
19

Sec. 5-9.
Except as herein provided, no person shall be
20
registered unless he applies in person to registration
21
officer, answers such relevant questions as may be asked of
22
him by the registration officer, and executes the affidavit of
23
registration. The registration officer shall require the
24
applicant to furnish two forms of identification, and except
25
in the case of a homeless individual, one of which must include

HB5788
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LRB104 22064 SPS 38189 b
1
his or her residence address. These forms of identification
2
shall include, but not be limited to, any of the following:
3
driver's license, social security card, public aid
4
identification card, utility bill, employee or student
5
identification card, lease or contract for a residence, credit
6
card, or a civic, union or professional association membership
7
card. The registration officer shall require a homeless
8
individual to furnish evidence of his or her use of the mailing
9
address stated. This use may be demonstrated by a piece of mail
10
addressed to that individual and received at that address or
11
by a statement from a person authorizing use of the mailing
12
address. The registration officer shall require each applicant
13
for registration to read or have read to him the affidavit of
14
registration before permitting him to execute the affidavit.
15

One of the Deputy Registrars, the Judge of Registration,
16
or an Officer of Registration, County Clerk, or clerk in the
17
office of the County Clerk, shall administer to all persons
18
who shall personally apply to register the following oath or
19
affirmation:
20

"You do solemnly swear (or affirm) that you will fully and
21
truly answer all such questions as shall be put to you touching
22
your place of residence, name, place of birth, your
23
qualifications as an elector and your right as such to
24
register and vote under the laws of the State of Illinois."
25

The Registration Officer shall satisfy himself that each
26
applicant for registration is qualified to register before

HB5788
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LRB104 22064 SPS 38189 b
1
registering him. If the registration officer has reason to
2
believe that the applicant is a resident of a Soldiers' and
3
Sailors' Home or any facility which is licensed or certified
4
pursuant to the Nursing Home Care Act, the Specialized Mental
5
Health Rehabilitation Act of 2013, the ID/DD Community Care
6
Act, or the MC/DD Act, the following question shall be put,
7
"When you entered the home which is your present address, was
8
it your bona fide intention to become a resident thereof?" Any
9
voter of a township, city, village or incorporated town in
10
which such applicant resides, shall be permitted to be present
11
at the place of precinct registration, and shall have the
12
right to challenge any applicant who applies to be registered.
13

In case the officer is not satisfied that the applicant is
14
qualified, he shall forthwith in writing notify such applicant
15
to appear before the County Clerk to furnish further proof of
16
his qualifications. Upon the card of such applicant shall be
17
written the word "Incomplete" and no such applicant shall be
18
permitted to vote unless such registration is satisfactorily
19
completed as hereinafter provided. No registration shall be
20
taken and marked as "incomplete" if information to complete it
21
can be furnished on the date of the original application.
22

Any person claiming to be an elector in any election
23
precinct in such township, city, village or incorporated town
24
and whose registration is marked "Incomplete" may make and
25
sign an application in writing, under oath, to the County
26
Clerk in substance in the following form:

HB5788
- 10 -
LRB104 22064 SPS 38189 b
1

"I do solemnly swear that I, .........., did on (insert
2
date) make application to the Board of Registry of the
3
........ precinct of ........ ward of the City of .... or of
4
the ......... District ......... Town of .......... (or to the
5
County Clerk of .............) and ............ County; that
6
said Board or Clerk refused to complete my registration as a
7
qualified voter in said precinct, that I reside in said
8
precinct (or that I intend to reside in said precinct), am a
9
duly qualified voter and entitled to vote in said precinct at
10
the next election.
11
...........................
12
(Signature of Applicant)"
13

All such applications shall be presented to the County
14
Clerk by the applicant, in person between the hours of nine
15
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
16
the third week subsequent to the weeks in which the 1961 and
17
1962 precinct re-registrations are to be held, and thereafter
18
for the registration provided in Section 5-17 of this Article,
19
all such applications shall be presented to the County Clerk
20
by the applicant in person between the hours of nine o'clock
21
a.m. and nine o'clock p.m. on Monday and Tuesday of the third
22
week prior to the date on which such election is to be held.
23

Any otherwise qualified person who is absent from his
24
county of residence either due to business of the United
25
States or because he is temporarily outside the territorial
26
limits of the United States may become registered by mailing

HB5788
- 11 -
LRB104 22064 SPS 38189 b
1
an application to the county clerk within the periods of
2
registration provided for in this Article or by simultaneous
3
application for registration by mail and vote by mail ballot
4
as provided in Article 20 of this Code.
5

Upon receipt of such application the county clerk shall
6
immediately mail an affidavit of registration in duplicate,
7
which affidavit shall contain the following and such other
8
information as the State Board of Elections may think it
9
proper to require for the identification of the applicant:
10

Name. The name of the applicant, giving surname and first
11
or Christian name in full, and the middle name or the initial
12
for such middle name, if any.
13

Sex.
14

Residence. The name and number of the street, avenue or
15
other location of the dwelling, and such additional clear and
16
definite description as may be necessary to determine the
17
exact location of the dwelling of the applicant. Where the
18
location cannot be determined by street and number, then the
19
Section, congressional township and range number may be used,
20
or such other information as may be necessary, including post
21
office mailing address.
22

Electronic mail address, if the registrant has provided
23
this information.
24

Term of residence in the State of Illinois and the
25
precinct.
26

Nativity. The State or country in which the applicant was

HB5788
- 12 -
LRB104 22064 SPS 38189 b
1
born.
2

Citizenship. Whether the applicant is native born or
3
naturalized. If naturalized, the court, place and date of
4
naturalization.
5

Age. Date of birth, by month, day and year.
6

Out of State address of ..........................
7
AFFIDAVIT OF REGISTRATION
8
State of .........)

9

)ss

10
County of ........)
11

I hereby swear (or affirm) that I am a citizen of the
12
United States; that on the day of the next election I shall
13
have resided in the State of Illinois for 6 months and in the
14
election precinct 30 days; that I am fully qualified to vote,
15
that I am not registered to vote anywhere else in the United
16
States, that I intend to remain a resident of the State of
17
Illinois and of the election precinct, that I intend to return
18
to the State of Illinois, and that the above statements are
19
true.
20
..............................
21
(His or her signature or mark)
22

Subscribed and sworn to before me, an officer qualified to
23
administer 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
2
Registration, the county clerk shall transfer the information
3
contained thereon to duplicate Registration Cards provided for
4
in Section 5-7 of this Article and shall attach thereto a copy
5
of each of the duplicate affidavit of registration and
6
thereafter such registration card and affidavit shall
7
constitute the registration of such person the same as if he
8
had applied for registration in person.
9

Notwithstanding any other provision of law, on and after
10
January 1, 2027, before an applicant is registered under this
11
Section, the registration officer shall verify the applicant's
12
citizenship status using the secure database maintained by the
13
Secretary of State under Section 38 of the Secretary of State
14
Act. If the information in the database indicates that the
15
applicant is not a United States citizen, then the applicant's
16
card shall be marked with the word "incomplete", and the
17
registration officer shall notify the applicant in writing
18
that (i) the application is incomplete and (ii) the applicant
19
may not vote unless the applicant appears before the county
20
clerk to present evidence that the applicant is a United
21
States citizen.

22
(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
23
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
24
7-29-15.)

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
2
6-29 of this Article, no person shall be registered unless he
3
applies in person to a registration officer, answers such
4
relevant questions as may be asked of him by the registration
5
officer, and executes the affidavit of registration. The
6
registration officer shall require the applicant to furnish
7
two forms of identification, and except in the case of a
8
homeless individual, one of which must include his or her
9
residence address. These forms of identification shall
10
include, but not be limited to, any of the following: driver's
11
license, social security card, public aid identification card,
12
utility bill, employee or student identification card, lease
13
or contract for a residence, credit card, or a civic, union or
14
professional association membership card. The registration
15
officer shall require a homeless individual to furnish
16
evidence of his or her use of the mailing address stated. This
17
use may be demonstrated by a piece of mail addressed to that
18
individual and received at that address or by a statement from
19
a person authorizing use of the mailing address. The
20
registration officer shall require each applicant for
21
registration to read or have read to him the affidavit of
22
registration before permitting him to execute the affidavit.
23

The registration officer shall satisfy himself that each
24
applicant for registration is qualified to register before
25
registering him. Any voter of the ward, village or
26
incorporated town in which such applicant resides, shall be

HB5788
- 15 -
LRB104 22064 SPS 38189 b
1
permitted to be present at the place of registration, and
2
shall have the right to challenge any applicant who applies to
3
be registered.
4

In case the officer is not satisfied that the applicant is
5
qualified he shall forthwith in writing notify such applicant
6
to appear before the board of election commissioners to
7
furnish further proof of his qualification. Upon the card of
8
such applicant shall be written the word "incomplete" and no
9
such applicant shall be permitted to vote unless such
10
registration is satisfactorily completed as hereinafter
11
provided.
12

Any person claiming to be an elector in any election
13
precinct in such city, village or incorporated town and whose
14
registration is marked "incomplete" may make and sign an
15
application in writing, under oath, to the board of election
16
commissioners in substance in the following form:
17

"I do solemnly swear that I,.... did on .... make
18
application to the board of registry of the .... precinct of
19
.... ward of the city of ....(or to the board of election
20
commissioners of ....) and that said board refused to complete
21
my registration as a qualified voter in said precinct, that I
22
reside in said precinct, am a duly qualified voter and
23
entitled to vote in said precinct at the next election.
24
....(Signature of Applicant)"
25

In all cities, villages or incorporated towns having a
26
population of less than 200,000 all such applications shall be

HB5788
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LRB104 22064 SPS 38189 b
1
presented to the board of election commissioners by the
2
applicant, in person, between the hours of nine o'clock a.m.,
3
and five o'clock p.m. on Tuesday or Wednesday of the second
4
week prior to the week in which such election is to be held,
5
and in all municipalities having a population of more than
6
200,000 and having a board of election commissioners and in
7
all cities, villages and incorporated towns within the
8
jurisdiction of such board, all such applications shall be
9
presented to the board of election commissioners by the
10
applicant, in person between the hours of nine o'clock a.m.
11
and five o'clock p.m., on Monday and Tuesday of the third week
12
prior to the week in which such election is to be held.
13

Notwithstanding any other provision of law, on and after
14
January 1, 2027, before an applicant is registered under this
15
Section, the registration officer shall verify the applicant's
16
citizenship status using the secure database maintained by the
17
Secretary of State under Section 38 of the Secretary of State
18
Act. If the information in the database indicates that the
19
applicant is not a United States citizen, then the applicant's
20
card shall be marked with the word "incomplete", and the
21
registration officer shall notify the applicant in writing
22
that (i) the application is incomplete and (ii) the applicant
23
may not vote unless the applicant appears before the county
24
clerk to present evidence that the applicant is a United
25
States 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
2
adding Section 38 as follows:

3

(15 ILCS 305/38 new)
4

Sec. 38.
Secure voter registration database.
By January 1,
5
2027, the Secretary of State shall establish and maintain a
6
secure database that is accessible to local election officials
7
and that indicates whether the particular person to whom a
8
driver's license or State identification card has been issued
9
is a United States citizen.

10

Section 99.
Effective date.
This Act takes effect upon
11
becoming law.

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