2-Way Audio/Video Authentication Now Accepted in Lieu of In-Person Approval
The Voice • October 2020
“The requirement that a couple ‘appear before’ the county clerk…
to obtain a marriage license … may be satisfied if the couple appears before the county clerk using two-way audio-video communication…”
And, with this, Illinois counties can now provide marriage application approval completely online, granted that the official’s office, and the parties seeking the application, meet certain criteria (click here to find out). Despite the challenges brought on by this global pandemic, Illinois county clerks are finding modern, creative ways to continue performing their valuable, vital services for their community.
Here are the full criteria for this new legislation, pulled directly from the paperwork from Governor Pritzker:
Section 1. During the duration of the Gubernatorial Disaster Proclamations, the requirement that a couple “appear before” the county clerk to obtain a marriage license set forth in the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/203, may be satisfied if the couple appears before the county clerk using two-way audio-video communication technology provided that the county clerk has the necessary technological compatibilities and the following conditions are met:
- The two-way audio-video communication technology must allow for direct interaction between the couple and the county clerk;
- The couple seeking the marriage services must present valid photo identification to verify identity whenever required by law the during the video conference, not merely transmit it prior to or after, using two-way audio-video communication technology that is of a quality resolution such that the county clerk is able to inspect it; and
- The couple must attest to being physically situated in the jurisdiction where the marriage is legally allowed to occur within the State of Illinois.
Participating county clerks may provide guidance related to how marriage licensure applications and issuance will be implemented in their jurisdictions.
Section 2. During the duration of the Gubernatorial Disaster Proclamations, the solemnizing of the marriage ceremony pursuant to the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/209, may be performed utilizing two-way audio-video communication technology provided that the following conditions are met:
- The two-way audio-video communication technology must allow for direct interaction between the couple and the person to solemnize the marriage (e.g., no pre-recorded videos of the signing of the marriage license or the marriage ceremony);
- The couple seeking the marriage services must present valid photo identification to verify identity whenever required by law the during the video conference, not merely transmit it prior to or after, using two-way audio-video communication technology that is of a quality resolution such that the person solemnizing the marriage is able to inspect it;
- The couple must attest to being physically situated in the jurisdiction where the marriage is legally allowed to occur within the State of Illinois;
- The couple must transmit by mail a legible copy of the signed document directly to the person to solemnize the marriage no later than one day after the document is signed;
- The person who solemnized the marriage must sign the transmitted copy of the document and transmit the same copy back to the person responsible for the document by law; and
The copy of the marriage license signed pursuant to this Section will become the official document for purposes of Illinois Marriage and Dissolution of Marriage Act.
