VOTING RIGHTS ACT OF 2026

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3170

Introduced 2/2/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

See Index

Amends the Election Code. Provides that the amendatory Act may be
referred to as the Voting Rights Act of 2026. Creates the Voting Rights Act
of 2026 Article in the Code. Provides that a political subdivision, State
agency, or any other government official or entity responsible for
election administration shall not implement or enforce any election policy
or practice or take any other action or fail to take any action that
results in, is likely to result in, or is intended to result in disparate
outcomes. Creates the Language Access in Elections Article in the Code.
Provides that a local election authority shall provide language assistance
for elections conducted in a political subdivision if that political
subdivision meets specified conditions. Amends the State Finance Act to
make a conforming change. Effective July 1, 2026.
LRB104 18009 SPS 31446 b

A BILL FOR

SB3170
LRB104 18009 SPS 31446 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 1.
This Act may be referred to as the Illinois
5
Voting Rights Act of 2026.

6

Section 5.
The Election Code is amended by adding Article
7
3A and Article 3B as follows:

8

(10 ILCS 5/Art. 3A heading new)
9
ARTICLE 3A.

VOTING RIGHTS ACT OF 2026

10

(10 ILCS 5/3A-1 new)
11

Sec. 3A-1.
Purpose.
In order to advance the protections
12
for the right to vote under Section 1 of Article III of the
13
Illinois Constitution; the right to free and equal elections
14
under Section 3 of Article III of the Illinois Constitution;
15
the protections against voter suppression and discrimination
16
provided under Section 8 of Article III of the Illinois
17
Constitution; the guarantees of equal protection, freedom of
18
expression, and freedom of association under the Illinois
19
Constitution and United States Constitution; and to protect
20
against the suppression, dilution, and abridgment of voting
21
rights on account of race, color, or membership in a language

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1
minority group, it is the public policy of this State to:
2

(1) encourage participation in the elective franchise
3

by all eligible voters to the maximum extent; and
4

(2) ensure that eligible voters have an equal
5

opportunity to participate in the political processes of
6

this State and to exercise the elective franchise without
7

denying or abridging that opportunity on account of race,
8

color, or membership in a language minority group.

9

(10 ILCS 5/3A-5 new)
10

Sec. 3A-5.
Definitions.
As used in this Article:
11

"At-large method of election" means a method of election
12
in which candidates are voted on by all voters in the political
13
subdivision, voters are allowed or required to cast as many
14
votes as there are seats to fill, and voters cannot cast more
15
than one vote for a given candidate.
16

"District-based method of election" means a method of
17
election in which the political subdivision is divided into
18
districts, each district is represented by a single
19
representative, and candidates are voted on by only voters
20
residing in the district.
21

"Election policy or practice" includes any qualification
22
to be a voter, prerequisite to voting, or method of election,
23
as well as any law, statute, ordinance, resolution, charter or
24
code provision, regulation, rule, policy, practice, procedure,
25
standard, or action with respect to voting or the

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1
administration or schedule of elections.
2

"Method of election" means the method by which candidates
3
are elected to a governmental body of a political subdivision,
4
and includes any at-large, district-based, share-based, or
5
other method of election, as well as any districting or
6
redistricting plan used to elect candidates to the
7
governmental body.
8

"Other method of election" means a method of election
9
other than an at-large, district-based, or share-based method
10
of election, or any combination of methods of election.
11

"Political subdivision" means a geographic area, which is
12
organized under State or local law for the provision of
13
government or other services, and which conducts elections
14
administered by a local election authority, including, but not
15
limited to, a county, city, town, village, school district,
16
any other district organized under State or local law, a
17
county clerk, or board of election commissioners.
18

"Protected class" means a class of eligible voters who are
19
members of a racial, color, or language minority group and
20
includes members of a reporting category that has ever been
21
established by the U.S. Office of Management and Budget
22
Statistical Policy Directive No. 15: Standards for
23
Maintaining, Collecting, and Presenting Federal Data on Race
24
and Ethnicity, and may include a class of 2 or more such
25
groups.
26

"Share-based method of election" means a method of

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1
election in which more than one candidate is to be elected and
2
different groups of voters may each elect their preferred
3
candidates to the seats to fill based on their relative share
4
of the votes cast. "Share-based method of election" includes,
5
but is not limited to, the single transferable vote,
6
cumulative voting, limited voting, and party-list or
7
slate-list systems.
8

"Voting eligible population" and "eligible voters" means
9
individuals who are eligible to register and vote, regardless
10
of whether the individuals are registered to vote.

11

(10 ILCS 5/3A-10 new)
12

Sec. 3A-10.
Construction in favor of the right to vote.
13
Any provision of this Article, any regulation, charter, home
14
rule ordinance, or other enactment of the State or any local
15
government relating to the right to vote shall be liberally
16
construed or applied in favor of the rights enumerated in
17
paragraphs (1) through (5). To the extent a court is afforded
18
discretion on an issue, including, but not limited to,
19
discovery, procedure, admissibility of evidence, or remedies,
20
the court shall exercise that discretion and weigh other
21
equitable discretion in favor of the rights enumerated in
22
paragraphs (1) through (5) as follows:
23

(1) protecting the right to cast a ballot and make the
24

ballot valid;
25

(2) ensuring eligible individuals seeking voter

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1

registration are not impaired in being registered;
2

(3) ensuring eligible voters are not impaired in
3

voting, including, but not limited to, having their votes
4

counted;
5

(4) making the fundamental right to vote more
6

accessible to eligible voters; and
7

(5) ensuring equitable access for protected class
8

members to opportunities to be registered to vote and to
9

vote.

10

(10 ILCS 5/3A-15 new)
11

Sec. 3A-15.
Prohibiting voter suppression.

12

(a) A political subdivision, State agency, or any other
13
government official or entity responsible for election
14
administration shall not implement or enforce any election
15
policy or practice, or take any other action or fail to take
16
any action that results in, is likely to result in, or is
17
intended to result in, either of the following:
18

(1) a material disparity in voter participation,
19

access to voting opportunities, or the opportunity or
20

ability to participate in any stage of the political
21

process between members of a protected class and other
22

members of the electorate; or
23

(2) based on the totality of the circumstances, the
24

opportunity or ability of members of a protected class to
25

participate in any stage of the political process is

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1

impaired.
2

(b) There shall be no violation under paragraph (1) of
3
subsection (a) if the political subdivision, State agency, or
4
any other government official or entity demonstrates by clear
5
and convincing evidence that (i) the election policy or
6
practice is necessary to significantly further an important
7
and particularized governmental interest and (ii) there is no
8
alternative election policy or practice that results in a
9
smaller disparity between protected class members and other
10
members of the electorate.
11

(c) Notwithstanding subsection (b), a violation exists
12
under paragraph (2) of subsection (a) in circumstances that
13
include, but are not limited to, any of the following:
14

(1) a political subdivision closes, moves, or
15

consolidates one or more precincts, polling places, early
16

voting sites, or ballot drop boxes or reassigns precincts
17

to polling places in a manner that makes it more difficult
18

for members of a protected class to cast their ballot or
19

results in a disparity in geographic access between
20

members of a protected class and other members of the
21

electorate;
22

(2) a political subdivision provides or changes the
23

hours or date of an election or for early voting in a
24

manner that impairs the right to vote of members of a
25

protected class, including, but not limited to, making the
26

change without proper notice as required by law; and

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(3) a political subdivision or State agency fails to
2

provide voting or election materials in languages other
3

than English as required by federal, State, county, or
4

other local law.
5

(d) Implementing a reorganization of a political
6
subdivision, including, but not limited to, an annexation,
7
incorporation, dissolution, consolidation, or division of a
8
political subdivision, violates subsection (a) if, based on
9
the totality of the circumstances, the reorganization impairs
10
the opportunity of protected class members to nominate or
11
elect candidates of the protected class member's choice, or
12
otherwise influence the outcome of elections.

13

(10 ILCS 5/3A-20 new)
14

Sec. 3A-20.
Prohibiting vote dilution in political
15
subdivisions.

16

(a) No political subdivision shall employ (i) an at-large
17
method of election, (ii) a district-based method of election,
18
(iii) a share-based method of election, or (iv) any other
19
method of election for any office that has the effect, will
20
likely have the effect, or is motivated in part by the intent,
21
of diluting the vote of protected class members.
22

(b) A political subdivision violates subsection (a) if:
23

(1) either: (A) elections in the political subdivision
24

exhibit racially polarized voting resulting in an
25

impairment of the equal opportunity or ability of

SB3170
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1

protected class members to nominate or elect candidates of
2

their choice; or (B) based on the totality of the
3

circumstances, the equal opportunity or ability of members
4

of a protected class to nominate or elect candidates of
5

their choice or influence the outcome of elections is
6

impaired; and
7

(2) one or more modifications to the existing method
8

of election or one or more new methods of election exist
9

which would cure or mitigate the impairment described in
10

subparagraph (1). For the purpose of satisfying this
11

requirement, it is not necessary for the total number or
12

share of protected class members to exceed any numerical
13

threshold in any district or in the political subdivision
14

as a whole.
15

(c) Members of different protected classes may jointly
16
file an action under this Section if that they demonstrate
17
that the combined voting preferences of the multiple protected
18
classes are polarized against the rest of the electorate.

19

(10 ILCS 5/3A-25 new)
20

Sec. 3A-25.
Prohibiting vote dilution in Legislative and
21
Representative Districts.

22

(a) As required by Section 3 of Article III of the Illinois
23
Constitution which declares that "All elections shall be free
24
and equal," in any redistricting plan under Section 3 of
25
Article IV of the Illinois Constitution, the districts shall

SB3170
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1
be configured in such a way as to provide adequate
2
representation to protected classes protected by federal and
3
State law. Therefore, as explained in subsection (b), no
4
Legislative Districts and Representative Districts shall be
5
drawn such that the redistricting plan has the effect, or is
6
motived in part by the intent, of impairing the opportunity or
7
ability of members of a protected class to participate in the
8
political process and elect or nominate candidates of their
9
choice or otherwise influence the outcome of elections as a
10
result of diluting the vote of the protected class members.
11
The requirements imposed by this subsection (a) are in
12
addition and subordinate to any requirements or obligations
13
imposed by the United States Constitution, any federal law
14
regarding redistricting Legislative Districts or
15
Representative Districts, including, but not limited to, the
16
federal Voting Rights Act of 1965, and the Illinois
17
Constitution.
18

(b) A redistricting plan under Section 3 of Article IV of
19
the Illinois Constitution for Legislative Districts and
20
Representative Districts violates this subsection if:
21

(1) either: (A) elections in one or more Legislative
22

or Representative districts exhibit racially polarized
23

voting resulting in an impairment of the equal opportunity
24

or ability of protected class members to nominate or elect
25

candidates of their choice; or (B) based on the totality
26

of the circumstances, the equal opportunity or ability of

SB3170
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LRB104 18009 SPS 31446 b
1

protected class members to nominate or elect candidates of
2

their choice or otherwise influence the outcome of
3

elections is impaired; and
4

(2) one or more reasonably configured alternative
5

redistricting plans exist which would cure or mitigate the
6

impairment described in sub-subparagraph (1) by providing
7

members of a protected class an equal opportunity or
8

ability to nominate and elect candidates of their choice.
9

For a reasonably configured alternative redistricting
10
plan, it is not necessary to show that members of a protected
11
class comprise a majority in the districts.
12

(c) A civil action to cure a violation of this Section may
13
be brought by the Attorney General or any individual or entity
14
aggrieved by a violation of this Section in the Illinois
15
Supreme Court, which holds exclusive jurisdiction over
16
redistricting matters.
17

(d) An entity aggrieved by a violation of this Section
18
includes, but is not limited to, any entity (1) whose
19
membership includes individuals aggrieved by a violation of
20
this Section; or (2) whose mission would be frustrated by a
21
violation of this Section, including, but not limited to, an
22
entity who would expend or divert resources to fulfill its
23
mission as a result of the violation or who shall expend
24
greater resources or efforts to advocate before an elected
25
body that is less responsive to the entity or its members due
26
to the alleged violation. An entity shall not be compelled to

SB3170
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1
disclose the identity of any specific member to pursue a claim
2
on behalf of its members.
3

(e) In an action involving a districting plan, any
4
individual who resides in the defendant jurisdiction and is a
5
member of the affected protected class or classes, whether
6
they reside in any particular district, may challenge the
7
districting plan as a whole.
8

(f) A person whose rights have been violated under this
9
Section is entitled to injunctive relief against district maps
10
that constitute a violation of subsection (b).
11

(g) This Section is intended to benefit and protect the
12
rights of individual voters and to provide a remedy for
13
infringing on the rights granted under this Section. This
14
Section shall be construed liberally to confer standing as
15
broadly as the Illinois Constitution permits.

16

(10 ILCS 5/3A-30 new)
17

Sec. 3A-30.
Guidelines and relevant circumstances to
18
evaluate compliance.

19

(a) To evaluate the totality of the circumstances under
20
paragraph (2) of subsection (a) of Section 3A-15, subparagraph
21
(B) of paragraph (1) of subsection (b) of Section 3A-20, and
22
subparagraph (B) of paragraph (1) of subsection (b) of Section
23
3A-25:
24

(1) the following factors may be relevant:
25

(A) whether members of the protected class vote at

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1

a lower rate than other voters;
2

(B) the history of discrimination affecting
3

members of the protected class;
4

(C) the extent to which members of a protected
5

class are disadvantaged, or otherwise bear the effects
6

of past public or private discrimination, in any areas
7

that may hinder the member's ability to participate
8

effectively in any stage of the political process,
9

including education, employment, health, criminal
10

justice involvement, housing, transportation, land
11

use, or environmental protection;
12

(D) the use of overt or subtle racial appeals in
13

political campaigns or by government officials, or in
14

connection with the adoption or maintenance of the
15

election policy or practice;
16

(E) the extent to which members of a protected
17

class have been elected to office;
18

(F) the extent to which members of a protected
19

class have faced barriers with respect to accessing
20

the ballot, receiving financial support, or receiving
21

any other support for an election;
22

(G) the extent to which members of a protected
23

class contribute to political campaigns at lower
24

rates;
25

(H) the extent to which candidates face hostility
26

or barriers while campaigning due to their membership

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1

in a protected class;
2

(I) the use of any election policy or practice
3

that may enhance the dilutive effects of a method of
4

election in the local government;
5

(J) the lack of responsiveness by elected
6

officials to the particularized needs of protected
7

class members or a community of protected class
8

members;
9

(K) whether the election policy or practice was
10

designed to advance, and does materially advance, a
11

valid and substantial State interest; and
12

(L) other factors deemed relevant;
13

(2) no set number or combination of these factors
14

shall be required to determine that a violation occurred;
15

and
16

(3) evidence of these factors is most probative if it
17

relates to the political subdivision in which the alleged
18

violation occurred, but is still probative if it relates
19

to the geographic region in which that political
20

subdivision is located or to this State.
21

(b) When evaluating whether a violation of Section 3A-15,
22
Section 3A-20, or Section 3A-25 has occurred:
23

(1) the following circumstances are never relevant:
24

(A) the total number or share of members of a
25

protected class on whom the election policy or
26

practice does not impose a material burden;

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(B) the degree to which the election policy or
2

practice has a long pedigree or was in widespread use
3

at some earlier date;
4

(C) the use of an identical or similar election
5

policy or practice in another political subdivision;
6

and
7

(D) the availability of other forms of voting not
8

impacted by the election policy or practice;
9

(2) evidence concerning the intent of voters, elected
10

officials, or public officials to discriminate against
11

protected class members is never required;
12

(3) a State interest in preventing voter fraud or
13

bolstering voter confidence in the integrity of elections
14

is not relevant unless there is substantial evidence that
15

criminal activity by individual voters has occurred in the
16

local government in substantial numbers and the connection
17

between the election policy or practice and a State
18

interest in preventing voter fraud or bolstering voter
19

confidence in the integrity of elections is supported by
20

substantial evidence;
21

(4) whether protected class members typically elect
22

candidates of their choice to the governing body in
23

approximate proportion to their total number or share of
24

the population may be relevant under Sections 3A-20 or
25

3A-25.
26

(c) For the purposes of demonstrating that a violation of

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1
subparagraph (A) of paragraph (1) of subsection (b) of Section
2
3A-20 or subparagraph (A) of paragraph (1) of subsection (b)
3
of Section 3A-25 has occurred, including for the purposes of
4
demonstrating that racially polarized voting exists:
5

(1) racially polarized voting shall be assessed based
6

on relevant election results, which may include, but are
7

not limited to, elections for offices of the political
8

subdivision; elections held in the political subdivision
9

for other offices, such as State or federal offices;
10

ballot measures; and other electoral choices that bear on
11

the rights and privileges of the protected class;
12

(A) no set number or combination of elections
13

shall be required to establish the existence of
14

racially polarized voting;
15

(B) evidence of non-polarized voting in elections
16

for offices outside the political subdivision shall
17

not preclude a finding of racially polarized voting
18

based on elections for offices of the political
19

subdivision;
20

(C) non-statistical or non-quantitative evidence
21

shall not preclude a finding of racially polarized
22

voting based on statistical or quantitative evidence;
23

and
24

(D) low turnout or registration rates among
25

protected class members shall not preclude a finding
26

of racially polarized voting;

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(2) racially polarized voting shall be assessed based
2

only on the combined electoral preferences of members of a
3

protected class or classes. There is no requirement that
4

the electoral preferences of each protected class or any
5

subgroup within a protected class be separately polarized
6

from those of other voters; and
7

(3) the causes of or reasons for racially polarized
8

voting, including partisan explanations or discriminatory
9

intent, are not relevant.

10

(10 ILCS 5/3A-35 new)
11

Sec. 3A-35.
Pre-litigation notification letter for
12
political subdivisions.

13

(a) Before commencing legal action alleging a violation of
14
Sections 3A-15 or 3A-20, a prospective plaintiff shall send a
15
notification letter to the political subdivision or State
16
agency asserting that the political subdivision or State
17
agency may be in violation of Sections 3A-15 or 3A-20. The
18
prospective plaintiff shall not commence an action against
19
that political subdivision or State agency within 60 days
20
after sending that notification letter. If a political
21
subdivision or State agency passes a resolution, ordinance, or
22
takes other official action approved by its legislative or
23
governing body or its chief executive that indicates a good
24
faith intention to seek a remedy to the alleged violation, a
25
prospective plaintiff shall not commence an action against

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1
that political subdivision or State agency for 60 days from
2
the approval date of the resolution, ordinance or other
3
official action.
4

(b) Notwithstanding subsection (a), a pre-litigation
5
notice letter is not required if:
6

(1) the prospect of obtaining relief would be futile;
7

(2) another party has already submitted a notification
8

letter alleging a substantially similar violation and that
9

party is eligible to bring a cause of action;
10

(3) the prospective plaintiff is seeking preliminary
11

injunctive relief;
12

(4) the prospective plaintiff is seeking preliminary
13

relief with respect to an upcoming election;
14

(5) the prospective plaintiff is seeking to intervene
15

in or join an existing action;
16

(6) following the prospective plaintiff's submission
17

of a notice letter, the political subdivision or State
18

agency enacted a remedy that would not remedy the
19

violation identified in the letter;
20

(7) the prospective plaintiff is challenging an action
21

taken by the political subdivision or State agency in the
22

past year; or
23

(8) the prospective plaintiff is facing other exigent
24

circumstances.

25

(10 ILCS 5/3A-50 new)

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1

Sec. 3A-50.
Civil actions.

2

(a) A civil action to cure a violation of Sections 3A-15 or
3
3A-20 may be brought by the Attorney General or any individual
4
or entity aggrieved by a violation of these Sections in any
5
State or federal court of competent jurisdiction.
6

(b) An entity aggrieved by a violation of these Sections
7
includes, but is not limited to, any entity (1) whose
8
membership includes individuals aggrieved by a violation of
9
these Sections, or (2) whose mission would be frustrated by a
10
violation of these Sections, including, but not limited to, an
11
entity who would expend or divert resources to fulfill its
12
mission as a result of the violation or who shall expend
13
greater resources or efforts to advocate before an elected
14
body that is less responsive to the entity or its members due
15
to the alleged violation. An entity shall not be compelled to
16
disclose the identity of any specific member to pursue a claim
17
on behalf of its members.
18

(c) In an action involving a districting plan, any
19
individual who resides in the defendant jurisdiction and is a
20
member of the affected protected class or classes, whether
21
they reside in any particular district, may challenge the
22
districting plan as a whole.
23

(d) This Article is intended to benefit and protect the
24
rights of individual voters and to provide a remedy for
25
infringing on the rights granted under this Section. This
26
Article shall be construed liberally to confer standing as

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broadly as the Illinois Constitution permits.

2

(10 ILCS 5/3A-55 new)
3

Sec. 3A-55.
Remedies.

4

(a) In any action brought under this Article, except for
5
Section 3A-25, the court has broad authority to order adequate
6
remedies that are tailored to address the violation,
7
notwithstanding any other provisions of State or local law.
8
Unless otherwise prohibited by law, adequate remedies include,
9
but are not limited to, any of the following:
10

(1) drawing new or revised districting or
11

redistricting plans;
12

(2) adopting a different method of election or
13

reasonably increasing the size of the elected legislative
14

or governing body of a political subdivision;
15

(3) adding or changing voting days or hours;
16

(4) adding or moving polling places or ballot drop
17

boxes;
18

(5) eliminating staggered elections so that all
19

members of the elected legislative or governing body are
20

elected at the same time;
21

(6) ordering a special election;
22

(7) restoring or adding individuals to a voter
23

registration list or requiring expanded opportunities for
24

admitting voters;
25

(8) reorganizing a political subdivision, including,

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but not limited to, an annexation, incorporation,
2

dissolution, consolidation, or division of a political
3

subdivision;
4

(9) imposing nominal or compensatory damages;
5

(10) imposing punitive damages in the form of a civil
6

fine that shall be deposited into the Voter Outreach and
7

Education Fund;
8

(11) any other form of declaratory or injunctive
9

relief that, in the court's judgment, is tailored to
10

address the violation; and
11

(12) retaining jurisdiction for a period of time the
12

court considers appropriate.
13

(b) In any action in which a court finds a violation of
14
this Article, the federal Voting Rights Act of 1965, the
15
Illinois Constitution, the Fourteenth Amendment of the United
16
States Constitution concerning the right to vote, the
17
Fifteenth Amendment of the United States Constitution, or any
18
other State or federal law concerning the right to vote for
19
protected class members, in addition to the remedies available
20
under subsection (a), the court may retain jurisdiction and
21
require that, for a period of 10 years, the local government
22
obtain a court order before enacting any election policy or
23
practice as follows:
24

(1) a court shall retain jurisdiction following a
25

violation described in subsection (b) if the violation is
26

susceptible to repetition, the remedy is susceptible to

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circumvention, there is evidence of intentional
2

discrimination by the local government, or the local
3

government failed to adopt broad prophylactic measures
4

that prevent any future violations. Otherwise, the court
5

may retain jurisdiction following a violation described in
6

subsection (b) based on the severity of the violation and
7

whether the local government has any previous violations;
8

and
9

(2) a request for judicial preapproval submitted to a
10

court under this subsection may be granted only if the
11

court concludes that:
12

(A) the proposed election policy or practice will
13

not diminish, in relation to the status quo before the
14

enactment or implementation of the election policy or
15

practice, the equal opportunity or ability of members
16

of a protected class whose voting rights are
17

implicated by the election policy or practice to
18

participate in any stage of the political process or
19

to nominate or elect candidates of their choice; and
20

(B) that the proposed election policy or practice
21

is unlikely to violate any of the provisions of this
22

Article.
23

(c) In any action brought under this Article, the court
24
may order a remedy only if the remedy will not impair the
25
ability of protected class members to participate in the
26
political process and elect the protected class member's

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preferred candidates, or otherwise influence the outcome of
2
elections.
3

(d) In any action brought under this Article, the court
4
shall consider remedies proposed by any parties and interested
5
non-parties and shall not provide deference or priority to a
6
proposed remedy offered by the defendant or the political
7
subdivision because the remedy has been proposed by the
8
defendant or the political subdivision.

9

(10 ILCS 5/3A-60 new)
10

Sec. 3A-60.
Attorney's fees.
A prevailing party in any
11
action brought under this Article or under Section 3A-35 shall
12
be entitled to reasonable attorney's fees and costs, including
13
expert witness fees and other litigation expenses.
14

For the purpose of this Section, the term "prevailing
15
party" includes:
16

(1) a plaintiff who obtains some of its requested
17

relief through a judicial judgment in its favor;
18

(2) a plaintiff who obtains some of its requested
19

relief through any settlement agreement approved by the
20

court; or
21

(3) an individual or group whose pursuit of a
22

nonfrivolous claim or notice of a claim following the
23

procedure under Section 3A-35 was a catalyst for a
24

unilateral change in position by the opposing party
25

relative to the relief sought.

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To the extent parties are unable to come to mutual
2
agreement, any party may file a motion or action for
3
clarification of rights.

4

(10 ILCS 5/3A-65 new)
5

Sec. 3A-65.
Expedient litigation and preliminary relief.
6
Because of the frequency of elections, the severe consequences
7
and irreparable harm of holding elections under unlawful
8
conditions, and the expenditure to defend potentially unlawful
9
conditions that benefit incumbent officials, actions brought
10
under this Article are subject to expedited pretrial and trial
11
proceedings and shall receive an automatic calendar
12
preference. In any action alleging a violation of this Article
13
or any other law concerning voting rights or elections in
14
which a plaintiff party seeks preliminary relief with respect
15
to an upcoming election, the court shall grant relief if the
16
court determines that the plaintiffs are more likely than not
17
to succeed on the merits, and it is possible to implement an
18
adequate remedy before an upcoming primary or general election
19
that would resolve the alleged violation.

20

(10 ILCS 5/3A-70 new)
21

Sec. 3A-70.
Voter Outreach and Education Fund.
There is
22
created in the State treasury a special fund to be known as the
23
Voter Outreach and Education Fund. All penalties and charges
24
directed to the Fund by Section 3A-55 and all other funds from

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any public or private source directed to the Fund shall be paid
2
into the Fund. Interest earned on moneys in the Fund shall
3
remain in the Fund and be credited to it. Moneys in the Fund
4
shall be used solely for the purposes of educating voters and
5
persons qualified to be voters on the rights ensured to them
6
under federal and State constitutional and statutory law and
7
remedies.

8

(10 ILCS 5/3A-80 new)
9

Sec. 3A-80.
Construction and severability.

10

(a) No act of the General Assembly shall be construed to
11
supersede, amend, abrogate, or limit the applicability or
12
scope of this Article, unless it explicitly states that it
13
supersedes, amends, abrogates, or limits the applicability or
14
scope of the Illinois Voting Rights Act, even if the act may be
15
construed as contradicting, conflicting with, or interpreting
16
this Article or violating any of its provisions. When
17
evaluating whether a political subdivision or government
18
official or entity responsible for election administration has
19
violated Section 3A-20, other acts of the General Assembly
20
shall not be considered.
21

(b) The provisions of this Article shall be severable and
22
if any section, subsection, paragraph, subparagraph, sentence,
23
or other portion of this Article is for any reason held or
24
declared by any court of competent jurisdiction to be
25
unconstitutional or preempted by federal law, or the

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applicability of that portion to any person or facility is
2
held invalid, the remainder of this Article shall not thereby
3
be deemed to be unconstitutional, preempted, or invalid.

4

(10 ILCS 5/Art. 3B heading new)
5
ARTICLE 3B.

LANGUAGE ACCESS IN ELECTIONS

6

(10 ILCS 5/3B-1 new)
7

Sec. 3B-1.
Definitions.
As used in this Article:
8

"Limited-English proficient individuals" means
9
individuals who self-report speaking, reading, or
10
understanding the English language less than "very well"
11
according to the U.S. Census Bureau data from the American
12
Community Survey or data of comparable quality collected by a
13
governmental entity, including as data self-reported to a
14
governmental entity.
15

"Local election authority" means a county clerk or board
16
of election commissioners.
17

"Political subdivision" means a geographic area which is
18
organized under State or local law for the provision of
19
government or other services, and which conducts elections
20
administered by a local election authority, including, but not
21
limited to, a county, city, town, village, school district,
22
any other district organized under State or local law, county
23
clerk, or board of election commissioners.

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(10 ILCS 5/3B-5 new)
2

Sec. 3B-5.
Designating language access for political
3
subdivisions and required languages.
4

(a) By July 1, 2027, and at least every 2 years thereafter,
5
the State Board of Elections shall determine which political
6
subdivisions meet the demographic threshold for language
7
access coverage under Section 3B-10, and no later than 30 days
8
after making the determinations shall post the following
9
information on its website:
10

(1) a list of each political subdivision that is
11

required under Section 3B-10 to provide language
12

assistance for elections; and
13

(2) a list of each language in which the political
14

subdivisions listed in paragraph (1) of subsection (a) are
15

required to provide language assistance for elections and
16

the corresponding requirements accompanying the coverage.
17

(b) All coverage determinations made by the State Board of
18
Elections shall be made based on the most recent U.S. Census
19
Bureau data from the American Community Survey, or data of
20
comparable quality collected by a governmental entity. To the
21
extent that necessary data is not available, the State Board
22
of Elections shall base coverage determinations on estimates
23
derived from available data using validated methodologies.
24

(c) The State Board of Elections shall provide notice
25
directly to each local election authority responsible for
26
administering elections for a covered political subdivision

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specifying the language or languages for which the political
2
subdivision is covered, and the corresponding requirements
3
accompanying the coverage.
4

(d) The State Board of Elections may adopt rules to
5
implement this Section.

6

(10 ILCS 5/3B-10 new)
7

Sec. 3B-10.
Covered political subdivisions.
8

(a) Local election authorities responsible for elections
9
in political subdivisions shall implement language assistance
10
programs when found to meet certain demographic thresholds for
11
voting-eligible limited-English proficient individuals in
12
accordance with this Section.
13

(b) The State Board of Elections shall designate one or
14
more languages, other than English, for which language
15
assistance in voting and elections shall be provided Tier 1
16
assistance as required by subsection (b) of Section 3B-15 by a
17
State agency or a political subdivision responsible for
18
election administration if:
19

(1) more than 3%, but in no instance fewer than 100
20

individuals, of the voting-eligible population of a
21

political subdivision are members of a single language
22

minority and are limited-English proficient individuals;
23

or
24

(2) more than 5,000 of the voting-eligible population
25

of the political subdivision are members of a single

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language minority and are limited-English proficient
2

individuals.
3

(c) If the voting-eligible population in one or more
4
political subdivisions does not meet the criteria necessary
5
for Tier 1 assistance under subsection (b) of this Section,
6
the State Board of Elections shall designate one or more
7
languages, other than English, for which Tier 2 language
8
assistance in voting and elections shall be provided as
9
required by subsection (c) of Section 3B-15 by a State agency
10
or a political subdivision responsible for election
11
administration if:
12

(1) more than 2%, but in no instance fewer than 100
13

individuals, of the voting-eligible population of a
14

political subdivision are members of a single language
15

minority and are limited-English proficient individuals;
16

or
17

(2) more than 2,000 of the voting-eligible population
18

of the political subdivision are members of a single
19

language minority and are limited-English proficient
20

individuals.

21

(10 ILCS 5/3B-15 new)
22

Sec. 3B-15.
Requirements for covered political
23
subdivisions.
24

(a) A local election authority responsible for elections
25
for a political subdivision covered under subsection (b) or

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(c) of Section 3B-10 shall provide language assistance in
2
accordance with the requirements of this Section. In order to
3
comply with this Section, materials and assistance shall be
4
provided in a way designed to allow voters who speak a
5
particular shared language other than English to be
6
effectively informed of and participate effectively in
7
voting-connected activities. A local election authority shall
8
analyze relevant data and shall consult community leaders and
9
non-partisan organizations to determine prioritized precincts
10
where voting materials and assistance shall be provided for
11
the election.
12

(b) A local election authority responsible for elections
13
for a political subdivision required to provide Tier 1
14
language assistance in a particular language other than
15
English in accordance with subsection (b) of Section 3B-10
16
shall ensure that each of the following forms of voting
17
assistance is provided to limited-English proficient
18
individuals:
19

(1) all official and sample ballots used for the
20

election shall be fully translated into the covered
21

language and made available to voters in all voting
22

locations and online;
23

(2) all forms used for voter registration, and any
24

explanatory materials shall be provided in the covered
25

language;
26

(3) all public notices relating to the electoral

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1

process, including notices about registration deadlines,
2

polling location changes, voter education materials, and
3

voting instructions that provide direction during the
4

voting process shall be fully translated and disseminated
5

in the covered language to the same extent that
6

English-language notices are made available;
7

(4) in-language signage identifying the availability
8

of translated ballots, bilingual poll workers, and live
9

over-the-phone interpretation services shall be made
10

available in the covered language on the political
11

subdivision's website, at local elections offices, and at
12

polling locations;
13

(5) sufficient trained bilingual election judges or
14

interpreters shall be made available at in-person voting
15

sites to provide effective language assistance in the
16

covered language to any voters who need it and shall be
17

easily identifiable to limited-English proficient
18

individuals through prominently displayed badges or other
19

identifying materials indicating their bilingual
20

capabilities;
21

(6) a bilingual staff member who is trained in
22

election and voting procedures shall be made available
23

year-round to respond to questions, issues, and the needs
24

of covered language speakers within the political
25

subdivision;
26

(7) live language interpretation services shall be

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made available by telephone, allowing voters to request
2

and receive real-time assistance in the covered language
3

during early voting, on Election Day, and for any
4

voter-related inquiries year-round; and
5

(8) any information relating to voter registration,
6

polling locations, official ballots, or other
7

voting-related materials and notifications provided on the
8

website used by a political subdivision to share
9

information related to elections and voting shall be made
10

available in the covered language.
11

(c) A local election authority responsible for elections
12
for a political subdivision required to provide Tier 2
13
language assistance in a particular language other than
14
English in accordance with subsection (c) of Section 3B-10
15
shall provide the following physical and online voting
16
materials in the covered language:
17

(1) sample ballots shall be translated into the
18

covered language and made available at polling locations
19

and online, if English-language sample ballots are
20

provided online;
21

(2) voter registration forms and instructions shall be
22

provided in the covered language and instructions shall be
23

provided in the covered language to the same extent and
24

manner as made available in English, including direct
25

mailings requested by a voter;
26

(3) any notifications about polling location changes

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or relocations shall be provided in the covered language
2

to the same extent that English-language notices are made
3

available;
4

(4) in-language signage identifying the availability
5

of covered language sample ballots and live over-the-phone
6

interpretation services shall be made available on the
7

political subdivision's website, a local elections office,
8

and at polling locations during voting periods;
9

(5) sufficient trained bilingual election judges or
10

interpreters shall be made available at a minimum of one
11

vote center to provide effective language assistance in
12

the covered language to any voters who need it and shall be
13

easily identifiable to limited-English proficient
14

individuals through prominently displayed badges or other
15

identifying materials indicating their bilingual
16

capabilities;
17

(6) live language interpretation services shall be
18

made available by telephone, allowing voters to request
19

and receive real-time assistance in the covered language
20

during early voting and on Election Day; and
21

(7) any information relating to voter registration,
22

polling locations, official ballots, or other
23

voting-related materials and notifications provided on the
24

website used by a political subdivision to share
25

information related to elections and voting shall be made
26

available in the covered language.

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(d) All materials and notices provided by a election
2
authority responsible for elections for a political
3
subdivision as required by this Section in a particular
4
language other than English shall be of an equal quality to the
5
corresponding English-language materials and produced at the
6
same time or within a reasonable time as the corresponding
7
English-language materials. All provided translated materials
8
shall convey the intent and essential meaning of the original
9
English language text or communication. Translated materials
10
produced solely by automated translation services are presumed
11
to be insufficient to completely convey intent and essential
12
meaning.
13

(e) A local election authority responsible for elections
14
for a political subdivision providing language services in
15
accordance with this Section shall hold public meetings to
16
solicit feedback about:
17

(1) the quality of all materials and services provided
18

in a particular language other than English; and
19

(2) barriers to voting and registration for voters
20

and communities with limited-English proficiency.
21

The meetings required under this subsection shall be
22
advertised at least 2 months in advance, held at a time and
23
location generally convenient for the majority of the
24
electorate, and include live translation services in any
25
covered language. Local election authorities shall develop
26
effective recruitment practices for bilingual staff and

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election judges based on community feedback from the meetings.
2
Political subdivisions covered under subsection (b) of Section
3
3B-10 shall hold such a meeting at least twice a year.
4
Political subdivisions covered under subsection (c) of Section
5
3B-10 shall hold the meetings following elections in which
6
language services are provided, but shall not be required to
7
hold the meetings more than once per year.
8

(f) The State Board of Elections shall produce electronic
9
copies of any election materials that the State Board of
10
Elections makes public in each language that has been
11
designated under subsection (a) or (b).
12

(g) Nothing in this Section prohibits a political
13
subdivision or local election authority from voluntarily
14
providing language assistance for elections beyond what is
15
required under this Section or adopting ordinances requiring
16
additional language assistance for elections beyond what is
17
required under this Section if the political subdivision or
18
local election authority determine that language assistance
19
for elections would be beneficial for the limited-English
20
proficiency residents in that political subdivision.
21

(h) This Section takes effect January 1, 2028.

22

(10 ILCS 5/3B-20 new)
23

Sec. 3B-20.
Review process for additional in-language
24
services.
25

(a) The State Board of Elections shall establish a review

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process under which the State Board of Elections shall
2
determine, upon receipt of a request submitted under this
3
Section, whether a significant and substantial need exists in
4
a political subdivision for a language to be designated for
5
additional language access and assistance in voting and
6
elections if a need has not been found under Section 3B-10.
7

(b) The process required under subsection (a) shall
8
include, at a minimum:
9

(1) an opportunity for any individual or entity who
10

has standing under Section 3B-30 and who has been
11

aggrieved by a failure to provide the assistance to submit
12

a request for the State Board of Elections to consider
13

designating a new language for coverage or providing
14

additional in-language services;
15

(2) a timeline specifying when requests for additional
16

in-language services may be submitted to be considered
17

timely for the next election; and
18

(3) consideration of the following:
19

(A) community-based evidence indicating the need
20

for in-language services including, but not limited
21

to, school enrollment data, public health or social
22

service records, language-specific outreach from
23

community-based organizations, and other reliable
24

evidence;
25

(B) testimony or affidavits from individuals or
26

entities representing or serving the language minority

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community, including impacted voters; and
2

(C) evidence of structural, procedural, or
3

informational barriers that disproportionately impact
4

limited-English proficient individuals in the language
5

group, including low turnout rates, high provisional
6

ballot use, or lack of access to translated materials.
7

(c) Upon receipt of a request under subsection (a), the
8
State Board of Elections shall:
9

(1) respond in writing with 60 days of receipt of the
10

request;
11

(2) provide an opportunity for public comment
12

following the publication of a proposed determination; and
13

(3) issue a written decision that includes all factors
14

considered and publish that decision on the website of the
15

State Board of Elections.
16

(d) Implementation of newly granted language services
17
shall correspond to the next scheduled election in the
18
relevant covered political subdivision. If a request is
19
granted too close to an election to allow for meaningful
20
implementation, the designation shall take effect for the
21
following election.

22

(10 ILCS 5/3B-25 new)
23

Sec. 3B-25.
Pre-litigation notification letter.
24

(a) Before commencing legal action alleging a violation of
25
this Article, a prospective plaintiff shall send a

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1
notification letter to the political subdivision or State
2
agency asserting that the political subdivision or State
3
agency may be in violation of this Article. The prospective
4
plaintiff shall not commence an action against that political
5
subdivision or State agency within 60 days after sending that
6
notification letter. If a political subdivision or State
7
agency passes a resolution, ordinance, or takes other official
8
action approved by its legislative or governing body or its
9
chief executive that indicates a good faith intention to seek
10
a remedy to the alleged violation, a prospective plaintiff
11
shall not commence an action against that political
12
subdivision or State agency for 60 days after the approval
13
date of the resolution, ordinance, or other official action.
14

(b) Notwithstanding subsection (a), a pre-litigation
15
notice letter is not required if:
16

(1) the prospect of obtaining relief would be futile;
17

(2) another party has already submitted a notification
18

letter alleging a substantially similar violation and that
19

party is eligible to bring a cause of action;
20

(3) the prospective plaintiff is seeking preliminary
21

injunctive relief;
22

(4) the prospective plaintiff is seeking preliminary
23

relief with respect to an upcoming election;
24

(5) the prospective plaintiff is seeking to intervene
25

in or join an existing action;
26

(6) following the prospective plaintiff's submission

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of a notice letter, the political subdivision or State
2

agency enacted a remedy that would not remedy the
3

violation identified in the letter;
4

(7) the prospective plaintiff is challenging an action
5

taken by the political subdivision or State agency in the
6

past year; or
7

(8) the prospective plaintiff is facing other exigent
8

circumstances.

9

(10 ILCS 5/3B-30 new)
10

Sec. 3B-30.
Civil actions.
11

(a) A civil action to cure a violation of this Article may
12
be brought by the Attorney General or any individual or entity
13
aggrieved by a violation of this Article in any State or
14
federal court of competent jurisdiction.
15

(b) An entity aggrieved by a violation of this Article
16
includes, but is not limited to, any entity: (i) whose
17
membership includes individuals aggrieved by a violation of
18
this Article; or (ii) whose mission would be frustrated by a
19
violation of this Article, including, but not limited to, an
20
entity who would expend or divert resources to fulfill its
21
mission as a result of the violation or who shall expend
22
greater resources or efforts to advocate before an elected
23
body that is less responsive to the entity or its members due
24
to the alleged violation. An entity shall not be compelled to
25
disclose the identity of any specific member to pursue a claim

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1
on behalf of its members.
2

(c) This Article is intended to benefit and protect the
3
rights of individual voters and to provide a remedy for
4
infringing on the rights granted under this Section. This
5
Article shall be construed liberally to confer standing as
6
broadly as the Illinois Constitution permits.

7

(10 ILCS 5/3B-35 new)
8

Sec. 3B-35.
Remedies.
9

(a) In any action brought under this Article, the court
10
has broad authority to order adequate remedies that are
11
tailored to address the violation. Unless otherwise prohibited
12
by law, adequate remedies include, but are not limited to, any
13
of the following:
14

(1) adding voting days or hours;
15

(2) adding polling places or absent voter ballot drop
16

boxes;
17

(3) ordering a special election;
18

(4) imposing nominal or compensatory damages;
19

(5) imposing punitive damages in the form of a civil
20

fine that shall be deposited into the Voter Outreach and
21

Education Fund;
22

(6) any other form of declaratory or injunctive relief
23

that, in the court's judgment, is tailored to address the
24

violation; or
25

(7) retaining jurisdiction for a period of time the

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1

court considers appropriate.
2

(b) In any action brought under this Article, the court
3
may order a remedy only if the remedy will not impair the
4
ability of limited-English proficient voters to participate in
5
the political process and elect the limited-English proficient
6
voter's preferred candidates or otherwise influence the
7
outcome of elections.
8

(c) In any action brought under this Article, the court
9
shall consider remedies proposed by any parties and interested
10
non-parties and shall not provide deference or priority to a
11
proposed remedy offered by the defendant or the political
12
subdivision or State agency because the remedy has been
13
proposed by the defendant or the political subdivision or
14
State agency.
15

(d) In any action brought under this Article, the court
16
has the authority to order remedies that may be inconsistent
17
with other provisions of State or local law, when the
18
inconsistent provisions of law would otherwise preclude the
19
court from ordering an adequate remedy.

20

(10 ILCS 5/3B-40 new)
21

Sec. 3B-40.
Attorney's fees.
22

(a) A prevailing party in any action brought under this
23
Article or under procedures under Section 3B-25 shall be
24
entitled to reasonable attorney's fees and costs, including
25
expert witness fees and other litigation expenses.

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1

(b) For the purpose of this Section, the term "prevailing
2
party" includes:
3

(1) a plaintiff party who obtains some of their
4

requested relief through a judicial judgment in their
5

favor;
6

(2) a plaintiff party who obtains some of their
7

requested relief through any settlement agreement approved
8

by the court; or
9

(3) an individual or group whose pursuit of a
10

non-frivolous claim or notice of a claim following the
11

procedure under Section 3B-25 was a catalyst for a
12

unilateral change in position by the opposing party
13

relative to the relief sought. To the extent parties are
14

unable to come to mutual agreement, any party may file a
15

motion or action for clarification of rights.

16

(10 ILCS 5/3B-45 new)
17

Sec. 3B-45.
Expedient litigation.
Because of the frequency
18
of elections, the severe consequences and irreparable harm of
19
holding elections under unlawful conditions, and the
20
expenditure to defend potentially unlawful conditions that
21
benefit incumbent officials, actions brought under this
22
Article are subject to expedited pretrial and trial
23
proceedings and shall receive an automatic calendar
24
preference.

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1

Section 10.
The State Finance Act is amended by adding
2
Section 5.1038 as follows:

3

(30 ILCS 105/5.1038 new)
4

Sec. 5.1038.
The Voter Outreach and Education Fund.

5

Section 99.
Effective date.
This Act takes effect July 1,
6
2026.

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INDEX

2

Statutes amended in order of appearance

3

10 ILCS 5/Art. 3A heading
4

new
5

10 ILCS 5/3A-1 new
6

10 ILCS 5/3A-5 new
7

10 ILCS 5/3A-10 new
8

10 ILCS 5/3A-15 new
9

10 ILCS 5/3A-20 new
10

10 ILCS 5/3A-25 new
11

10 ILCS 5/3A-30 new
12

10 ILCS 5/3A-35 new
13

10 ILCS 5/3A-50 new
14

10 ILCS 5/3A-55 new
15

10 ILCS 5/3A-60 new
16

10 ILCS 5/3A-65 new
17

10 ILCS 5/3A-70 new
18

10 ILCS 5/3A-80 new
19

10 ILCS 5/Art. 3B heading
20

new
21

10 ILCS 5/3B-1 new
22

10 ILCS 5/3B-5 new
23

10 ILCS 5/3B-10 new
24

10 ILCS 5/3B-15 new
25

10 ILCS 5/3B-20 new

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10 ILCS 5/3B-25 new
2

10 ILCS 5/3B-30 new
3

10 ILCS 5/3B-35 new
4

10 ILCS 5/3B-40 new
5

10 ILCS 5/3B-45 new
6

30 ILCS 105/5.1038 new

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