Automatic Voter Registration

The purpose of AVR is to streamline the voter registration process while you interact with a designated AVR agency.

On August 28, 2017, Illinois became the tenth state to pass automatic voter registration. The measure passed the Illinois State Senate and House of Representatives with unanimous support and was signed into law by former Governor Bruce Rauner.

See the full AVR guide here.

Getting or renewing a driver’s license
REAL ID Since people who have applied for REAL ID already prove their citizenship with the documents provided, you will be automatically registered to vote unless you opt out. If you fall into this method of registration, you will be allowed to decline to register to vote or update your current voter registration.
Non-REAL ID You are asked if you would like to register to vote and are required to affirm certain criteria, such as age and citizenship, and provide your signature.
Changing address
Recertifying a license or
Obtaining a state identification card
Does not automatically register you to vote without agency interaction;
Does not allow non-citizens to automatically register to vote; and
Does not send non-registration information to the State Board of Elections.

Open Meetings Act & Free Speech

The Illinois Open Meetings Act (5 ILCS 120/1 et. seq.) requires public bodies to open their meetings to the public.

In order to have a meeting that falls under the OMA, the following must be present:

There must be a gathering of public officials, which can be in person or electronically;
There must be a majority of a quorum of a public body present; and
They come together for the purpose of discussing public business. (5 ILCS 120/1.02)

See the full guide for the Open Meetings Act here.

Requirements for an “Open Meeting”

Regular Schedule
Public bodies must give notice of regularly scheduled meetings by posting a schedule of their regular dates, times, and places of meetings.
Permanent Changes
If there are any permanent changes to regularly scheduled meetings, the public body must give notice at least 10 days before the meeting by publication in a newspaper of general circulation.
Special or Emergency meetings
For special meetings, public bodies must give at least 48 hours notice. The notice must be posted at the place where the meeting usually takes place and delivered to any news medium that files an annual request.
Notice of an emergency meeting shall be given as soon as practicable prior to the holding of the meeting.
Closed Meetings:
A public body may hold a meeting closed to the public or close a portion of a meeting to the public, upon a majority vote of a quorum present, taken at a meeting open to the public for which notice has been given as required by this Act.
The public body must also publicly cite the specific exception in OMA that applies and authorizes the closure of the meeting.
An agenda must be posted 48 hours prior to the meeting (can be online).
Minutes must include
• the date, time, and place of the meeting;
• a list of the members present and absent from the meeting, and whether they
• attended in person, by phone, or by video; a summary of the discussion of all matters proposed, deliberated, or decided; and
• a record of any votes taken.
Any person may record the proceedings at an open meeting by film, tape, or other means, though reasonable rules may be put in place.

Public Comment

Illinois law requires school boards to allow for public comment (105 ILCS 5/10-16)

Most municipalities and other public bodies voluntarily (though not required) set aside a portion of their meetings to allow public comment.

If you are unsure if public comment is allowed at a meeting, you can find out by calling the public body or by looking at the agenda to see if a time is provided for public comment.

When public comment is allowed, it enjoys the full protection of the First Amendment. The government may limit speech in a dedicated public forum to certain issues and regulate the time, place, and manner.

Protected Speech

Most speech is protected under the First Amendment, EXCEPT: obscene language, fighting words, and defamatory statements.

A public body cannot limit your speech based on its content, meaning the members of the public body cannot limit what you have to say because:
• Its members do not like what you are saying;

• Its members “have already heard it”; or

• the speech is critical of the government.

Public bodies CAN place regulations on the time, place, and manner of speech (among other things).

See the full guide for Public Comment here.

Freedom of Information Act

In 1984, the Illinois General Assembly enacted the Illinois Freedom of Information Act (“the Act”). The Act states that “all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees.” 5 ILCS 140/1.

See the full FOIA guide here.

Except for limited circumstances, public records that have been:
• prepared by or for,
• been or being used by,
• received by,
• in the possession of or
• under the control of any public body ….are subject to disclosure under the Act.
Public bodies any legislative, executive, administrative, or advisory bodies of the State; state universities and colleges; counties and municipalities; school districts and all other municipal corporations, boards, bureaus, committees, or commissions of the State; and any subsidiary bodies (such as committees and subcommittees) that are supported by or expend tax revenue. 5 ILCS 140/2
Put it in writing Under the Act, a written request is required and can be delivered personally, via mail, or by email (Keep a copy!). 5 ILCS 140/3 (c).
See a sample in the FOIA Guide.
Be specific A specific request will avoid confusion and expedite the process.
Request a fee waiver or reduction The Act gives public bodies the discretion to grant a fee waiver or reduction for a request that is in the public interest. 5 ILCS 140/6(c).
Inform the requestor in writing:
When a public body needs more than five working days to respond, the public body must inform the requester in writing, within the initial five working days, that:
•. additional time is necessary;
•. the date on which a response will occur;
•. the specific, statutory reason for the delay.
•. Private and personal information
•. Investigative Records
•. Preliminary drafts, notes, recommendations, memoranda where opinions are expressed, or policies or actions are formulated.
•. Trade Secrets
•. Bid Proposals
•. Education Records
•. Construction-related technical documents
•. Minutes of closed meetings
•. Communications between a public body and an attorney or auditor
•. Adjudication of employee grievances or disciplinary cases
•. Records and documents relating to real estate purchase negotiations