Public Act 101-0270
 
HB2818 EnrolledLRB101 07051 LNS 52087 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Election Code is amended  by changing Section 
20-3 as follows:
 


    (10 ILCS 5/20-3)  (from Ch. 46, par. 20-3)




    Sec. 20-3. 
The election authority shall furnish the 
following
applications for registration by mail or vote by mail 
ballot which shall be
considered a method of application in 
lieu of the official postcard.

    1. Members of the United States Service, citizens of the 
United
States temporarily residing outside the territorial 
limits of the United
States, and certified program participants 
under the Address Confidentiality
for Victims of Domestic 
Violence, Sexual Assault, or Stalking Act may make application 
within the periods
prescribed in Sections
20-2 or 20-2.1, as 
the case may be. Such application shall be
substantially in the 
following form:

"APPLICATION FOR BALLOT


    To be voted at the ............  election in the precinct in 
which is
located my residence at ..............., in the 
city/village/township of
............(insert home address) 
County of ...........  and State of
Illinois.

    I state that I am a citizen of the United States; that on 
(insert
date of election) I shall have resided in the State of 
Illinois  and in
the election precinct for 30 days; that on the 
above date I shall be the
age of 18 years or above; that I am 
lawfully entitled to vote in such
precinct at that election; 
that I am (check category 1, 2, or 3
below):

    1.  ( ) a member of the United States Service,

    2.  ( ) a citizen of the United States temporarily residing 
outside
the territorial limits of the United States and that I 
expect to be
absent from the said county of my residence on the 
date of holding such
election, and that I will have no 
opportunity to vote in person on that
day.

    3.  ( ) a certified program participant under the Address

Confidentiality for Victims of Domestic Violence, Sexual 
Assault, or Stalking Act.

    I hereby make application for an official ballot or ballots 
to be
voted by me at such election if I am absent from the said 
county of my
residence, and I agree that I shall return said 
ballot or ballots to the
election authority postmarked no later 
than election day, for counting no later than during the period 
for counting provisional ballots, the last day of which is the 
14th day following election day or shall destroy said ballot or 
ballots.

    (Check below only if category 2 or 3 and not previously 
registered)

    ( ) I hereby make application to become registered as a 
voter and
agree to return the forms and affidavits for 
registration to the
election authority not later than 30 days 
before the election.

    Under penalties as provided by law pursuant to Article 29 
of the
Election Code, the undersigned certifies that the 
statements set forth
in this application are true and correct.

.........................


    Post office address or service address to which 
registration
materials or ballot should be mailed

.........................


.........................


.........................


........................"


    If application is made for a primary election ballot, such

application shall designate the name of the political party 
with which
the applicant is affiliated.

    Such applications may be obtained from the election 
authority having
jurisdiction over the person's precinct of 
residence.

    2. A spouse or dependent of a member of the United States 
Service,
said spouse or dependent being a registered voter in 
the county, may
make application on behalf of said person in 
the office of the election
authority within the periods 
prescribed in Section 20-2 which shall be
substantially in the 
following form:

"APPLICATION FOR BALLOT to be voted at the...........  election 
in
the precinct in which is located the residence of the person 
for whom
this application is made at.............(insert 
residence address) in
the city/village/township of.........  
County of.......... and State
of Illinois.

    I certify that the following named person................ 
(insert
name of person) is a member of the United States 
Service.

    I state that said person is a citizen of the United States; 
that on
(insert date of election) said person shall have 
resided in the State of
Illinois and in the election precinct 
for which this application is made
for 30 days; that on the 
above date said person shall be the age of 18
years or above; 
that said person is lawfully entitled to vote in such
precinct 
at that election; that said person is a member of the United

States Service, and that in the course of his duties said 
person expects
to be absent from his county of residence on the 
date of holding such
election, and that said person will have 
no opportunity to vote in
person on that day.

    I hereby make application for an official ballot or ballots 
to be
voted by said person at such election and said person 
agrees that he
shall return said ballot or ballots to the 
election authority postmarked no later than election day, for 
counting no later than during the period for counting 
provisional ballots, the last day of which is the 14th day 
following election day, or shall destroy
said ballot or 
ballots.

    I hereby certify that I am the (mother, father, sister, 
brother,
husband or wife) of the said elector, and that I am a 
registered voter
in the election precinct for which this 
application is made. (Strike all
but one that is applicable.)

    Under penalties as provided by law pursuant to Article 29 
of The
Election Code, the undersigned certifies that the 
statements set forth
in this application are true and correct.

Name of applicant  ......................


Residence address    ........................


City/village/township........................


    Service address to which ballot should be mailed:

.........................


.........................


.........................


........................"


    If application is made for a primary election ballot, such

application shall designate the name of the political party 
with which
the person for whom application is made is 
affiliated.

    Such applications may be obtained from the election 
authority having
jurisdiction over the voting precinct in which 
the person for whom
application is made is entitled to vote.

(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)

 
    Section 10. The Address Confidentiality for Victims of 
Domestic Violence, Sexual Assault, or Stalking Act is amended  
by changing Sections 1, 5, 10, 11, 15, and 40 as follows:
 



    (750 ILCS 61/1)



    Sec. 1. Short title. This Act may be cited as the Address 
Confidentiality for Victims of Domestic Violence, Sexual 
Assault, or Stalking Act.

(Source: P.A. 91-494, eff. 1-1-00.)

 



    (750 ILCS 61/5)



    Sec. 5. Legislative findings. The General Assembly finds 
that persons attempting to escape from actual or
threatened 
domestic violence, sexual assault, or stalking frequently 
establish new addresses in order to
prevent their assailants or 
probable assailants from finding them. The
purpose of this Act 
is to enable State and local agencies to respond to
requests 
for public records without disclosing the location of a victim 
of
domestic violence, sexual assault, or stalking, to enable 
interagency cooperation with the Attorney
General in providing 
address confidentiality for victims of domestic
violence, 
sexual assault, or stalking, and to enable State and local 
agencies to accept a program
participant's use of an address 
designated by the Attorney General as a
substitute mailing 
address. 

(Source: P.A. 91-494, eff. 1-1-00.)

 



    (750 ILCS 61/10)



    Sec. 10. Definitions. In this Act, unless the context 
otherwise
requires:

    "Address" means a residential street address, school 
address, or
work address of an individual, as specified on the 
individual's application
to be a program participant under this 
Act.

    "Program participant" means a person certified as a program

participant under this Act.

    "Domestic violence" has the same meaning as in the Illinois 
Domestic Violence
Act of 1986 and
includes a threat of domestic 
violence against an individual in a
domestic situation, 
regardless of whether the domestic violence or threat has
been

reported to law enforcement officers.

    "Sexual assault" has the same meaning as sexual conduct or 
sexual penetration as defined in the Civil No Contact Order 
Act. "Sexual assault" includes a threat of sexual assault, 
regardless of whether the sexual assault or threat has been 
reported to law enforcement officers.
    "Stalking" has the same meaning as in the Stalking No 
Contact Order Act. "Stalking" includes a threat of stalking, 
regardless of whether the stalking or threat has been reported 
to law enforcement officers.
(Source: P.A. 91-494, eff. 1-1-00.)

 



    (750 ILCS 61/11)



    Sec. 11. Address confidentiality program; administration. 
Subject to
appropriations for the purposes of this Act, the 
Attorney General shall
administer an address confidentiality 
program for victims of domestic violence, sexual assault, or 
stalking.

(Source: P.A. 91-494, eff. 1-1-00.)

 



    (750 ILCS 61/15)



    Sec. 15. Address confidentiality
program; application; 
certification.
    (a) An adult person, a parent or guardian acting on behalf 
of a
minor, or a guardian acting on behalf of a person with a 
disability, as
defined in Article 11a of the Probate Act of 
1975, may apply to the Attorney
General to have an
address 
designated by the Attorney General serve as the person's 
address
or the address of the minor or person with a 
disability. The Attorney General
shall approve an application 
if it is filed in the manner and on the form
prescribed by him 
or her and if it contains:


        (1) a sworn statement by the applicant that the 
    applicant has good
reason to believe (i) that the 
    applicant, or the minor or person with a disability on 
    whose behalf the application is made, is a victim of 
    domestic
violence, sexual assault, or stalking; and (ii) 
    that the applicant fears for his or her safety or his or

    her children's safety, or the safety of the minor or person 
    with a disability
on whose behalf the application is made;


        (2) a designation of the Attorney General as agent for 
    purposes of
service of process and receipt of mail;


        (3) the mailing address where the applicant can be 
    contacted by the
Attorney General, and the phone number or 
    numbers where the applicant
can be called by the Attorney 
    General;


        (4) the new address or addresses that the applicant 
    requests not be
disclosed for the reason that disclosure 
    will increase the risk of domestic
violence, sexual 
    assault, or stalking; and


        (5) the signature of the applicant and of any 
    individual or
representative of any office designated in 
    writing under Section 40 of this Act
who
assisted in the 
    preparation of the application, and the date on which the

    applicant signed the application.

    (b) Applications shall be filed with the office of the 
Attorney General.

    (c) Upon filing a properly completed application, the 
Attorney General shall
certify the applicant as a program 
participant. Applicants
shall be certified for 4 years 
following the date of filing unless the
certification is 
withdrawn or invalidated before that date. The Attorney
General 
shall by rule establish a renewal procedure.

    (d) A person who falsely attests in an application that 
disclosure
of the applicant's address would endanger the 
applicant's safety or the
safety of the applicant's children or 
the minor or incapacitated person on
whose behalf the 
application is made, or who knowingly provides false or

incorrect information upon making an application, is guilty of 
a Class 3
felony.

(Source: P.A. 99-143, eff. 7-27-15.)

 



    (750 ILCS 61/40)



    Sec. 40. Assistance for program applicants. The Attorney 
General shall designate State and local agencies and
nonprofit 
agencies that provide counseling and shelter services to 
victims
of domestic violence, sexual assault, or stalking to 
assist persons applying to be program participants.
Any 
assistance and counseling rendered by the office of the 
Attorney General or
its designees to applicants shall in no way 
be construed as legal
advice.

(Source: P.A. 91-494, eff. 1-1-00.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2021.