No person shall be compelled to disclose, in any proceeding conducted by a court, commission, administrative agency or other tribunal in the State, the name of any candidate for whose nomination, election or retention in office the person voted, or whether the person voted for or against any question of public policy, as defined in Section 1-3 of The Election Code, at any election held within this State.
8-910.
Article VIII. Evidence · Part 9.1. Voter's Privilege · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIllinois law bars any court, commission, agency, or tribunal from forcing a person to reveal which candidate they voted for, or how they voted on a public policy question, in any Illinois election.
Full Text of 735 ILCS 5/8-910
Plain-English Summary
This section protects the secrecy of the ballot once a case moves into a courtroom or hearing room. No court, commission, administrative agency, or other tribunal in Illinois may compel a person to say which candidate they backed or how they voted on a public policy question, as that term is defined in the Election Code.
The privilege reaches beyond ordinary courts. It covers any proceeding conducted by a commission, administrative agency, or other tribunal in the state, so a witness cannot be pressed on this point in an agency hearing any more than at trial.
The protection is narrow in subject matter even as it is broad in forum. It shields only the choice a person made at the ballot box for a candidate or a public policy question, not the fact that someone voted, their registration status, or other election-related conduct.
Frequently Asked Questions
Does this privilege cover every question a witness might face about an election?
No. It protects only disclosure of which candidate a person voted for, or how they voted on a public policy question as defined in Section 1-3 of the Election Code.
Can a court order a witness to testify about their own vote?
No. The statute says no person shall be compelled to disclose that information in any proceeding conducted by a court, commission, administrative agency, or other tribunal in Illinois.
Does the privilege apply outside a courtroom, such as before an administrative agency?
Yes. The text names commissions, administrative agencies, and other tribunals alongside courts, so the privilege travels with the person into any of those settings.
Who can invoke this privilege?
Any person asked in a covered proceeding to disclose their choice of candidate or their vote on a public policy question at an Illinois election.
Does the section protect whether someone voted, or only how they voted?
Only how they voted. The text addresses the name of the candidate voted for and the position taken on a public policy question, not the underlying fact of voting.
Amendment History
(Source: P.A. 84-344.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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