Illinois General Assembly - Full Text of HB2818
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Full Text of HB2818  101st General Assembly

HB2818sam001 101ST GENERAL ASSEMBLY

Sen. Suzy Glowiak

Filed: 5/3/2019

 

 


 

 


 
10100HB2818sam001LRB101 07051 LNS 60154 a

1
AMENDMENT TO HOUSE BILL 2818

2    AMENDMENT NO. ______. Amend House Bill 2818 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Section 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
8following applications for registration by mail or vote by mail
9ballot which shall be considered a method of application in
10lieu of the official postcard.
11    1. Members of the United States Service, citizens of the
12United States temporarily residing outside the territorial
13limits of the United States, and certified program participants
14under the Address Confidentiality for Victims of Domestic
15Violence, Sexual Assault, or Stalking Act may make application
16within the periods prescribed in Sections 20-2 or 20-2.1, as

 

 

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1the case may be. Such application shall be substantially in the
2following form:
3
"APPLICATION FOR BALLOT
4    To be voted at the ............ election in the precinct in
5which is located my residence at ..............., in the
6city/village/township of ............(insert home address)
7County 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
10Illinois and in the election precinct for 30 days; that on the
11above date I shall be the age of 18 years or above; that I am
12lawfully entitled to vote in such precinct at that election;
13that 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
16outside the territorial limits of the United States and that I
17expect to be absent from the said county of my residence on the
18date of holding such election, and that I will have no
19opportunity to vote in person on that day.
20    3.  ( ) a certified program participant under the Address
21Confidentiality for Victims of Domestic Violence, Sexual
22Assault, or Stalking Act.
23    I hereby make application for an official ballot or ballots
24to be voted by me at such election if I am absent from the said
25county of my residence, and I agree that I shall return said
26ballot or ballots to the election authority postmarked no later

 

 

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1than election day, for counting no later than during the period
2for counting provisional ballots, the last day of which is the
314th day following election day or shall destroy said ballot or
4ballots.
5    (Check below only if category 2 or 3 and not previously
6registered)
7    ( ) I hereby make application to become registered as a
8voter and agree to return the forms and affidavits for
9registration to the election authority not later than 30 days
10before the election.
11    Under penalties as provided by law pursuant to Article 29
12of the Election Code, the undersigned certifies that the
13statements set forth in this application are true and correct.
14
.........................
15    Post office address or service address to which
16registration materials or ballot should be mailed
17
.........................
18
.........................
19
.........................
20
........................"
21    If application is made for a primary election ballot, such
22application shall designate the name of the political party
23with which the applicant is affiliated.
24    Such applications may be obtained from the election
25authority having jurisdiction over the person's precinct of
26residence.

 

 

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1    2. A spouse or dependent of a member of the United States
2Service, said spouse or dependent being a registered voter in
3the county, may make application on behalf of said person in
4the office of the election authority within the periods
5prescribed in Section 20-2 which shall be substantially in the
6following form:
7"APPLICATION FOR BALLOT to be voted at the........... election
8in the precinct in which is located the residence of the person
9for whom this application is made at.............(insert
10residence address) in the city/village/township of.........
11County 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
14Service.
15    I state that said person is a citizen of the United States;
16that on (insert date of election) said person shall have
17resided in the State of Illinois and in the election precinct
18for which this application is made for 30 days; that on the
19above date said person shall be the age of 18 years or above;
20that said person is lawfully entitled to vote in such precinct
21at that election; that said person is a member of the United
22States Service, and that in the course of his duties said
23person expects to be absent from his county of residence on the
24date of holding such election, and that said person will have
25no opportunity to vote in person on that day.
26    I hereby make application for an official ballot or ballots

 

 

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1to be voted by said person at such election and said person
2agrees that he shall return said ballot or ballots to the
3election authority postmarked no later than election day, for
4counting no later than during the period for counting
5provisional ballots, the last day of which is the 14th day
6following election day, or shall destroy said ballot or
7ballots.
8    I hereby certify that I am the (mother, father, sister,
9brother, husband or wife) of the said elector, and that I am a
10registered voter in the election precinct for which this
11application is made. (Strike all but one that is applicable.)
12    Under penalties as provided by law pursuant to Article 29
13of The Election Code, the undersigned certifies that the
14statements 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
24application shall designate the name of the political party
25with which the person for whom application is made is
26affiliated.

 

 

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1    Such applications may be obtained from the election
2authority having jurisdiction over the voting precinct in which
3the 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
6Domestic Violence, Sexual Assault, or Stalking Act is amended
7by 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
10Confidentiality for Victims of Domestic Violence, Sexual
11Assault, 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
15that persons attempting to escape from actual or threatened
16domestic violence, sexual assault, or stalking frequently
17establish new addresses in order to prevent their assailants or
18probable assailants from finding them. The purpose of this Act
19is to enable State and local agencies to respond to requests
20for public records without disclosing the location of a victim
21of domestic violence, sexual assault, or stalking, to enable
22interagency cooperation with the Attorney General in providing
23address confidentiality for victims of domestic violence,

 

 

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1sexual assault, or stalking, and to enable State and local
2agencies to accept a program participant's use of an address
3designated by the Attorney General as a substitute mailing
4address.
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
8otherwise requires:
9    "Address" means a residential street address, school
10address, or work address of an individual, as specified on the
11individual's application to be a program participant under this
12Act.
13    "Program participant" means a person certified as a program
14participant under this Act.
15    "Domestic violence" has the same meaning as in the Illinois
16Domestic Violence Act of 1986 and includes a threat of domestic
17violence against an individual in a domestic situation,
18regardless of whether the domestic violence or threat has been
19reported to law enforcement officers.
20    "Sexual assault" has the same meaning as sexual conduct or
21sexual penetration as defined in the Civil No Contact Order
22Act. "Sexual assault" includes a threat of sexual assault,
23regardless of whether the sexual assault or threat has been
24reported to law enforcement officers.
25    "Stalking" has the same meaning as in the Stalking No

 

 

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1Contact Order Act. "Stalking" includes a threat of stalking,
2regardless of whether the stalking or threat has been reported
3to 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.
7Subject to appropriations for the purposes of this Act, the
8Attorney General shall administer an address confidentiality
9program for victims of domestic violence, sexual assault, or
10stalking.
11(Source: P.A. 91-494, eff. 1-1-00.)
 
12    (750 ILCS 61/15)
13    Sec. 15. Address confidentiality program; application;
14certification.
15    (a) An adult person, a parent or guardian acting on behalf
16of a minor, or a guardian acting on behalf of a person with a
17disability, as defined in Article 11a of the Probate Act of
181975, may apply to the Attorney General to have an address
19designated by the Attorney General serve as the person's
20address or the address of the minor or person with a
21disability. The Attorney General shall approve an application
22if it is filed in the manner and on the form prescribed by him
23or 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
24Attorney General.
25    (c) Upon filing a properly completed application, the
26Attorney General shall certify the applicant as a program

 

 

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1participant. Applicants shall be certified for 4 years
2following the date of filing unless the certification is
3withdrawn or invalidated before that date. The Attorney General
4shall by rule establish a renewal procedure.
5    (d) A person who falsely attests in an application that
6disclosure of the applicant's address would endanger the
7applicant's safety or the safety of the applicant's children or
8the minor or incapacitated person on whose behalf the
9application is made, or who knowingly provides false or
10incorrect information upon making an application, is guilty of
11a 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
15General shall designate State and local agencies and nonprofit
16agencies that provide counseling and shelter services to
17victims of domestic violence, sexual assault, or stalking to
18assist persons applying to be program participants. Any
19assistance and counseling rendered by the office of the
20Attorney General or its designees to applicants shall in no way
21be construed as legal advice.
22(Source: P.A. 91-494, eff. 1-1-00.)
 
23    Section 99. Effective date. This Act takes effect January
241, 2021.".