Full Text of HB2818 101st General Assembly
HB2818sam001 101ST GENERAL ASSEMBLY | Sen. Suzy Glowiak Filed: 5/3/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2818
| 2 | | AMENDMENT NO. ______. Amend House Bill 2818 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Section 20-3 as follows:
| 6 | | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| 7 | | Sec. 20-3.
The election authority shall furnish the | 8 | | following
applications for registration by mail or vote by mail | 9 | | ballot which shall be
considered a method of application in | 10 | | lieu of the official postcard.
| 11 | | 1. Members of the United States Service, citizens of the | 12 | | United
States temporarily residing outside the territorial | 13 | | limits of the United
States, and certified program participants | 14 | | under the Address Confidentiality
for Victims of Domestic | 15 | | Violence , Sexual Assault, or Stalking Act may make application | 16 | | within the periods
prescribed in Sections
20-2 or 20-2.1, as |
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| 1 | | the case may be. Such application shall be
substantially in the | 2 | | following form:
| 3 | | "APPLICATION FOR BALLOT
| 4 | | To be voted at the ............ election in the precinct in | 5 | | which is
located my residence at ..............., in the | 6 | | city/village/township of
............(insert home address) | 7 | | County of ........... and State of
Illinois.
| 8 | | I state that I am a citizen of the United States; that on | 9 | | (insert
date of election) I shall have resided in the State of | 10 | | Illinois and in
the election precinct for 30 days; that on the | 11 | | above date I shall be the
age of 18 years or above; that I am | 12 | | lawfully entitled to vote in such
precinct at that election; | 13 | | that I am (check category 1, 2, or 3
below):
| 14 | | 1. ( ) a member of the United States Service,
| 15 | | 2. ( ) a citizen of the United States temporarily residing | 16 | | outside
the territorial limits of the United States and that I | 17 | | expect to be
absent from the said county of my residence on the | 18 | | date of holding such
election, and that I will have no | 19 | | opportunity to vote in person on that
day.
| 20 | | 3. ( ) a certified program participant under the Address
| 21 | | Confidentiality for Victims of Domestic Violence , Sexual | 22 | | Assault, or Stalking Act.
| 23 | | I hereby make application for an official ballot or ballots | 24 | | to be
voted by me at such election if I am absent from the said | 25 | | county of my
residence, and I agree that I shall return said | 26 | | ballot or ballots to the
election authority postmarked no later |
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| 1 | | than election day, for counting no later than during the period | 2 | | for counting provisional ballots, the last day of which is the | 3 | | 14th day following election day or shall destroy said ballot or | 4 | | ballots.
| 5 | | (Check below only if category 2 or 3 and not previously | 6 | | registered)
| 7 | | ( ) I hereby make application to become registered as a | 8 | | voter and
agree to return the forms and affidavits for | 9 | | registration to the
election authority not later than 30 days | 10 | | before the election.
| 11 | | Under penalties as provided by law pursuant to Article 29 | 12 | | of the
Election Code, the undersigned certifies that the | 13 | | statements set forth
in this application are true and correct.
| 14 | | .........................
| 15 | | Post office address or service address to which | 16 | | registration
materials or ballot should be mailed
| 17 | | .........................
| 18 | | .........................
| 19 | | .........................
| 20 | | ........................"
| 21 | | If application is made for a primary election ballot, such
| 22 | | application shall designate the name of the political party | 23 | | with which
the applicant is affiliated.
| 24 | | Such applications may be obtained from the election | 25 | | authority having
jurisdiction over the person's precinct of | 26 | | residence.
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| 1 | | 2. A spouse or dependent of a member of the United States | 2 | | Service,
said spouse or dependent being a registered voter in | 3 | | the county, may
make application on behalf of said person in | 4 | | the office of the election
authority within the periods | 5 | | prescribed in Section 20-2 which shall be
substantially in the | 6 | | following form:
| 7 | | "APPLICATION FOR BALLOT to be voted at the........... election | 8 | | in
the precinct in which is located the residence of the person | 9 | | for whom
this application is made at.............(insert | 10 | | residence address) in
the city/village/township of......... | 11 | | County of.......... and State
of Illinois.
| 12 | | I certify that the following named person................ | 13 | | (insert
name of person) is a member of the United States | 14 | | Service.
| 15 | | I state that said person is a citizen of the United States; | 16 | | that on
(insert date of election) said person shall have | 17 | | resided in the State of
Illinois and in the election precinct | 18 | | for which this application is made
for 30 days; that on the | 19 | | above date said person shall be the age of 18
years or above; | 20 | | that said person is lawfully entitled to vote in such
precinct | 21 | | at that election; that said person is a member of the United
| 22 | | States Service, and that in the course of his duties said | 23 | | person expects
to be absent from his county of residence on the | 24 | | date of holding such
election, and that said person will have | 25 | | no opportunity to vote in
person on that day.
| 26 | | I hereby make application for an official ballot or ballots |
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| 1 | | to be
voted by said person at such election and said person | 2 | | agrees that he
shall return said ballot or ballots to the | 3 | | election authority postmarked no later than election day, for | 4 | | counting no later than during the period for counting | 5 | | provisional ballots, the last day of which is the 14th day | 6 | | following election day, or shall destroy
said ballot or | 7 | | ballots.
| 8 | | I hereby certify that I am the (mother, father, sister, | 9 | | brother,
husband or wife) of the said elector, and that I am a | 10 | | registered voter
in the election precinct for which this | 11 | | application is made. (Strike all
but one that is applicable.)
| 12 | | Under penalties as provided by law pursuant to Article 29 | 13 | | of The
Election Code, the undersigned certifies that the | 14 | | statements set forth
in this application are true and correct.
| 15 | | Name of applicant ......................
| 16 | | Residence address ........................
| 17 | | City/village/township........................
| 18 | | Service address to which ballot should be mailed:
| 19 | | .........................
| 20 | | .........................
| 21 | | .........................
| 22 | | ........................"
| 23 | | If application is made for a primary election ballot, such
| 24 | | application shall designate the name of the political party | 25 | | with which
the person for whom application is made is | 26 | | affiliated.
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| 1 | | Such applications may be obtained from the election | 2 | | authority having
jurisdiction over the voting precinct in which | 3 | | the person for whom
application is made is entitled to vote.
| 4 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16 .)
| 5 | | Section 10. The Address Confidentiality for Victims of | 6 | | Domestic Violence, Sexual Assault, or Stalking Act is amended | 7 | | by changing Sections 1, 5, 10, 11, 15, and 40 as follows:
| 8 | | (750 ILCS 61/1)
| 9 | | Sec. 1. Short title. This Act may be cited as the Address | 10 | | Confidentiality for Victims of Domestic Violence , Sexual | 11 | | Assault, or Stalking Act.
| 12 | | (Source: P.A. 91-494, eff. 1-1-00.)
| 13 | | (750 ILCS 61/5)
| 14 | | Sec. 5. Legislative findings. The General Assembly finds | 15 | | that persons attempting to escape from actual or
threatened | 16 | | domestic violence , sexual assault, or stalking frequently | 17 | | establish new addresses in order to
prevent their assailants or | 18 | | probable assailants from finding them. The
purpose of this Act | 19 | | is to enable State and local agencies to respond to
requests | 20 | | for public records without disclosing the location of a victim | 21 | | of
domestic violence, sexual assault, or stalking, to enable | 22 | | interagency cooperation with the Attorney
General in providing | 23 | | address confidentiality for victims of domestic
violence, |
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| 1 | | sexual assault, or stalking, and to enable State and local | 2 | | agencies to accept a program
participant's use of an address | 3 | | designated by the Attorney General as a
substitute mailing | 4 | | address.
| 5 | | (Source: P.A. 91-494, eff. 1-1-00.)
| 6 | | (750 ILCS 61/10)
| 7 | | Sec. 10. Definitions. In this Act, unless the context | 8 | | otherwise
requires:
| 9 | | "Address" means a residential street address, school | 10 | | address, or
work address of an individual, as specified on the | 11 | | individual's application
to be a program participant under this | 12 | | Act.
| 13 | | "Program participant" means a person certified as a program
| 14 | | participant under this Act.
| 15 | | "Domestic violence" has the same meaning as in the Illinois | 16 | | Domestic Violence
Act of 1986 and
includes a threat of domestic | 17 | | violence against an individual in a
domestic situation, | 18 | | regardless of whether the domestic violence or threat has
been
| 19 | | reported to law enforcement officers.
| 20 | | "Sexual assault" has the same meaning as sexual conduct or | 21 | | sexual penetration as defined in the Civil No Contact Order | 22 | | Act. "Sexual assault" includes a threat of sexual assault, | 23 | | regardless of whether the sexual assault or threat has been | 24 | | reported to law enforcement officers. | 25 | | "Stalking" has the same meaning as in the Stalking No |
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| 1 | | Contact Order Act. "Stalking" includes a threat of stalking, | 2 | | regardless of whether the stalking or threat has been reported | 3 | | to law enforcement officers. | 4 | | (Source: P.A. 91-494, eff. 1-1-00.)
| 5 | | (750 ILCS 61/11)
| 6 | | Sec. 11. Address confidentiality program; administration. | 7 | | Subject to
appropriations for the purposes of this Act, the | 8 | | Attorney General shall
administer an address confidentiality | 9 | | program for victims of domestic violence , sexual assault, or | 10 | | stalking .
| 11 | | (Source: P.A. 91-494, eff. 1-1-00.)
| 12 | | (750 ILCS 61/15)
| 13 | | Sec. 15. Address confidentiality
program; application; | 14 | | certification. | 15 | | (a) An adult person, a parent or guardian acting on behalf | 16 | | of a
minor, or a guardian acting on behalf of a person with a | 17 | | disability, as
defined in Article 11a of the Probate Act of | 18 | | 1975, may apply to the Attorney
General to have an
address | 19 | | designated by the Attorney General serve as the person's | 20 | | address
or the address of the minor or person with a | 21 | | disability. The Attorney General
shall approve an application | 22 | | if it is filed in the manner and on the form
prescribed by him | 23 | | or her and if it contains:
| 24 | | (1) a sworn statement by the applicant that the |
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| 1 | | applicant has good
reason to believe (i) that the | 2 | | applicant, or the minor or person with a disability on | 3 | | whose behalf the application is made, is a victim of | 4 | | domestic
violence , sexual assault, or stalking ; and (ii) | 5 | | that the applicant fears for his or her safety or his or
| 6 | | her children's safety, or the safety of the minor or person | 7 | | with a disability
on whose behalf the application is made;
| 8 | | (2) a designation of the Attorney General as agent for | 9 | | purposes of
service of process and receipt of mail;
| 10 | | (3) the mailing address where the applicant can be | 11 | | contacted by the
Attorney General, and the phone number or | 12 | | numbers where the applicant
can be called by the Attorney | 13 | | General;
| 14 | | (4) the new address or addresses that the applicant | 15 | | requests not be
disclosed for the reason that disclosure | 16 | | will increase the risk of domestic
violence , sexual | 17 | | assault, or stalking ; and
| 18 | | (5) the signature of the applicant and of any | 19 | | individual or
representative of any office designated in | 20 | | writing under Section 40 of this Act
who
assisted in the | 21 | | preparation of the application, and the date on which the
| 22 | | applicant signed the application.
| 23 | | (b) Applications shall be filed with the office of the | 24 | | Attorney General.
| 25 | | (c) Upon filing a properly completed application, the | 26 | | Attorney General shall
certify the applicant as a program |
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| 1 | | participant. Applicants
shall be certified for 4 years | 2 | | following the date of filing unless the
certification is | 3 | | withdrawn or invalidated before that date. The Attorney
General | 4 | | shall by rule establish a renewal procedure.
| 5 | | (d) A person who falsely attests in an application that | 6 | | disclosure
of the applicant's address would endanger the | 7 | | applicant's safety or the
safety of the applicant's children or | 8 | | the minor or incapacitated person on
whose behalf the | 9 | | application is made, or who knowingly provides false or
| 10 | | incorrect information upon making an application, is guilty of | 11 | | a Class 3
felony.
| 12 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 13 | | (750 ILCS 61/40)
| 14 | | Sec. 40. Assistance for program applicants. The Attorney | 15 | | General shall designate State and local agencies and
nonprofit | 16 | | agencies that provide counseling and shelter services to | 17 | | victims
of domestic violence , sexual assault, or stalking to | 18 | | assist persons applying to be program participants.
Any | 19 | | assistance and counseling rendered by the office of the | 20 | | Attorney General or
its designees to applicants shall in no way | 21 | | be construed as legal
advice.
| 22 | | (Source: P.A. 91-494, eff. 1-1-00.)
| 23 | | Section 99. Effective date. This Act takes effect January | 24 | | 1, 2021.".
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