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Joint Committee on Administrative Rules

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The Joint Committee on Administrative Rules has published code which is in conflict with the Constitution of the State of Illinois, causing the State's licensing departments to discriminate against certain persons with religious convictions not to use a Social Security Number (SSN) for identification purposes.

The State violates constitutional law in several ways:

  • The State only allows religious exemptions for applicants whose faith will not permit them to "obtain" an SSN.
  • The State discriminates against applicants whose faith will not permit them to use an SSN for identity purposes.
  • The State discriminates against applicants whose faith will not permit them to use an SSN for identity purposes, but may have been assigned an SSN as a minor. This is adverse to the Maxim of Law that states that "an act which is against my will is not my act".
  • The State discriminates against non-denominational applicants that have a religious opinion not to obtain or use an SSN for identity purposes, but are not "a member of a certain religious group" as described by "any religious denomination".
  • Conscientious applicants are expected to attend or support any ministry or place of worship against his consent which the State has determined to possess "bona fide convictions", or else be sanctioned by denial of any civil or political right, privilege or capacity, on account of his religious opinions.
  • Non-denominational applicants with personal religious convictions under God are denied the equal protection of the laws, whereas applicants of certain religious orders or sects are allowed "bona fide religious convictions".
  • The State places the burden upon the applicant to provide a religious order or sect leader to attest to the validity of the applicant's bona fide religious conviction, whereas the law requires the testimony of two witnesses to establish a matter, or one witness plus corroboration. This would include peers, family, or those familiar with the applicant. A witness is anyone that testifies under oath or affirmation that the applicant's conduct or personal opinion is genuine, regardless of the opinions of others that he/she may or may not associate with.
  • The State places the burden upon the applicant to provide a religious leader for attestation that may not be physically present for notarization, although that leader has provided abundant attestation for personal conviction, such as that left by Jesus Christ, The Spirit of God, or Almighty God, as typical examples.

Title 92: Transportation

Part 1030 Issuance Of Licenses

Chapter II: Secretary Of State

Section 1030.63 Religious Exemption for Social Security Numbers

a) Members of religious groups whose faith will not permit them to obtain social security numbers may request the social security number be omitted on their driver's license application.

b) The applicant for a special religious number shall state in his or her own handwriting on an exception form, supplied by the Secretary of State at a driver services facility, that he or she is a member of a certain religious group and that he or she wishes to apply for a driver's license without applying for a social security card. The applicant shall then sign his or her name immediately after the statement.

c) Personnel at the Driver Services Facility shall complete the exception form, attach it to the application for a driver's license, and mail it to the Director of Driver Services, 2701 S. Dirksen Parkway, Springfield, Illinois 62723.  The exception form shall contain the applicant's full name and address, including the county.  It shall also contain the applicant's driver's license or identification card number.  This information shall appear as it was furnished on the application.

d) The application and exception form shall indicate 000-00-0000 for the social security number.

e) The applicant shall be issued a 90-day temporary driver's license and a receipt if all other requirements have been met.

g) The applicant shall sign an affidavit, supplied by the Secretary of State, stating that the use of a social security number on a driver's license is against his or her religious convictions and stating the reasons why the applicant holds these beliefs. The affidavit shall also contain a statement from his/her religious leader or minister attesting that the use of a social security number is against the religious convictions of the applicant's faith.  The affidavit shall be notarized by a notary public.

g) The affidavit shall be sent to the Director of Driver Services, 2701 S. Dirksen Parkway, Springfield, Illinois 62723.  The Department will contact the religious leader to verify the information.  The affidavit shall be attached to the original application and examined for compliance with this Section.

h) The applicant shall be notified in writing by the Director of Driver Services that the application has been approved or rejected because the applicant failed to comply with the provisions of this Section.

i) If approved, the applicant shall return to the Driver Services Facility with the letter of approval receipt to be issued a driver's license with a distinctive number assigned by the Department in lieu of the social security number.  If rejected, the applicant shall be notified of the right to request an administrative hearing pursuant to 92 Ill. Adm. Code 1001 and IVC Section 2-118.

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