|
to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a |
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information |
|
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the |
Capital Crimes Litigation Act. This subsection (n) shall |
apply until the conclusion of the trial of the case, even |
if the prosecution chooses not to pursue the death penalty |
prior to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Regional Transportation Authority under Section 2.11 of |
the Regional Transportation Authority Act or the St. Clair |
|
County Transit District under the Bi-State Transit Safety |
Act. |
(q) Information prohibited from being disclosed by the |
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act.
|
(t) All identified or deidentified health information |
in the form of health data or medical records contained |
in, stored in, submitted to, transferred by, or released |
from the Illinois Health Information Exchange, and |
identified or deidentified health information in the form |
of health data and medical records of the Illinois Health |
Information Exchange in the possession of the Illinois |
Health Information Exchange Office due to its |
administration of the Illinois Health Information |
Exchange. The terms "identified" and "deidentified" shall |
be given the same meaning as in the Health Insurance |
Portability and Accountability Act of 1996, Public Law |
104-191, or any subsequent amendments thereto, and any |
regulations promulgated thereunder. |
(u) Records and information provided to an independent |
team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
|
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
Carry Licensing Review Board under the Firearm Concealed |
Carry Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
decision of abuse, neglect, or financial exploitation of |
an eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
|
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from |
|
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. |
(mm) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) Information that is exempt from disclosure under |
Section 70 of the Higher Education Student Assistance Act. |
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session |
prohibited from disclosure under the First Responders |
Suicide Prevention Act. |
(pp) Names and all identifying information relating to |
an employee of an emergency services provider or law |
enforcement agency under the First Responders Suicide |
Prevention Act. |
(qq) Information and records held by the Department of |
Public Health and its authorized representatives collected |
under the Reproductive Health Act. |
(rr) Information that is exempt from disclosure under |
the Cannabis Regulation and Tax Act. |
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois |
|
Human Rights Act. |
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
Act. |
(uu) Information that is exempt from disclosure under |
Section 50 of the Sexual Assault Evidence Submission Act. |
(vv) Information that is exempt from disclosure under |
subsections (f) and (j) of Section 5-36 of the Illinois |
Public Aid Code. |
(ww) Information that is exempt from disclosure under |
Section 16.8 of the State Treasurer Act. |
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the |
Illinois Insurance Code. |
(yy) Information prohibited from being disclosed under |
the Illinois Educational Labor Relations Act. |
(zz) Information prohibited from being disclosed under |
the Illinois Public Labor Relations Act. |
(aaa) Information prohibited from being disclosed |
under Section 1-167 of the Illinois Pension Code. |
(bbb) Information prohibited from being disclosed |
under Section 35 of the Address Confidentiality for |
Victims of Domestic Violence, Sexual Assault, Human |
Trafficking, or Stalking Act. |
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
|
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. |
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, |
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; |
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. |
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, |
eff. 7-7-20.)
|
Section 10. The Election Code is amended by changing |
Sections 1A-16, 19-1, 19-4, and 20-3 as follows:
|
(10 ILCS 5/1A-16)
|
Sec. 1A-16. Voter registration information; Internet |
posting; processing
of voter registration forms; content of |
such forms. Notwithstanding any law to
the contrary, the |
following provisions shall apply to voter registration under
|
this Code.
|
(a) Voter registration information; Internet posting of |
voter registration
form. Within 90 days after August 21, 2003 |
(the effective date of Public Act 93-574), the State Board of |
Elections shall post on its World Wide Web
site the following |
information:
|
(1) A comprehensive list of the names, addresses, |
phone numbers, and
websites, if applicable, of all county |
clerks and boards
of election commissioners in Illinois.
|
|
(2) A schedule of upcoming elections and the deadline |
for voter
registration.
|
(3) A downloadable, printable voter registration form, |
in at least English
and in
Spanish versions, that a person |
may complete and mail or submit to the
State Board of |
Elections or the appropriate county clerk or
board of |
election commissioners.
|
Any forms described under paragraph (3) must state the |
following:
|
If you do not have a driver's license or social |
security number, and this
form is submitted by mail, and |
you have never registered to vote in the
jurisdiction you |
are now registering in, then you must send, with this
|
application, either (i) a copy of a current and valid |
photo identification, or
(ii) a copy of a current utility |
bill, bank statement, government check,
paycheck, or other |
government document that shows the name and address of the
|
voter. If you do not provide the information required |
above, then you will be
required to provide election |
officials with either (i) or (ii) described above
the |
first time you vote at a voting place.
|
(b) Acceptance of registration forms by the State Board of |
Elections and
county clerks and board of election |
commissioners. The
State Board of Elections, county clerks, |
and board of election commissioners
shall accept all completed |
voter registration forms
described in subsection (a)(3) of |
|
this Section and Section Sections 1A-17 and voter registration |
forms created under Section 30 of the Address Confidentiality |
for Victims of Domestic Violence, Sexual Assault, Human |
Trafficking, or Stalking Act 1A-30 that are:
|
(1) postmarked on or before the day that voter |
registration is closed
under this
Code;
|
(2) not postmarked, but arrives no later than 5 days |
after the close
of registration;
|
(3) submitted in person by a person using the form on |
or before the
day that voter registration is closed under |
this Code; or
|
(4) submitted in person by a person who submits one or |
more forms
on behalf of one or more persons who used the |
form on or before
the day that voter registration is |
closed under this Code.
|
Upon the receipt of a registration form, the State Board |
of Elections shall
mark
the date on which the form was received
|
and send the form via first class mail to the appropriate |
county clerk or board
of
election commissioners, as the case |
may be, within 2 business days based upon
the home address of |
the person submitting the registration form. The county
clerk |
and board of election commissioners shall accept and process |
any form
received from the State Board of Elections.
|
(c) Processing of registration forms by county clerks and |
boards of election
commissioners. The county clerk or board of |
election commissioners shall
promulgate procedures for |
|
processing the voter registration form.
|
(d) Contents of the voter registration form. The State |
Board shall create
a voter registration form, which must |
contain the following content:
|
(1) Instructions for completing the form.
|
(2) A summary of the qualifications to register to |
vote in Illinois.
|
(3) Instructions for mailing in or submitting the form |
in person.
|
(4) The phone number for the State Board of Elections |
should a person
submitting the form have questions.
|
(5) A box for the person to check that explains one of |
3 reasons for
submitting the form:
|
(a) new registration;
|
(b) change of address; or
|
(c) change of name.
|
(6) a box for the person to check yes or no that asks, |
"Are you a citizen
of the United States?", a box for the |
person to check yes or no that asks,
"Will you be 18 years |
of age on or before election day?", and a statement of
"If |
you checked 'no' in response to either of these questions, |
then do not
complete this form.".
|
(7) A space for the person to fill in his or her home |
telephone
number.
|
(8) Spaces for the person to fill in his or her first, |
middle, and last
names, street address (principal place of |
|
residence), county, city, state, and
zip code.
|
(9) Spaces for the person to fill in his or her mailing |
address, city,
state, and zip code if different from his |
or her principal place of residence.
|
(10) A space for the person to fill in his or her |
Illinois driver's
license number if the person has a |
driver's license.
|
(11) A space for a person without a driver's license |
to fill in the last
four digits of his or her social |
security number if the person has a social
security |
number.
|
(12) A space for a person without an Illinois driver's |
license to fill in
his or her identification number from |
his or her State Identification card
issued by the |
Secretary of State.
|
(13) A space for the person to fill the name appearing |
on his or her last
voter registration, the street address |
of his or her last registration,
including the city, |
county, state, and zip code.
|
(14) A space where the person swears or affirms the |
following under
penalty of perjury with his or her |
signature:
|
(a) "I am a citizen of the United States.";
|
(b) "I will be at least 18 years old on or before |
the next election.";
|
(c) "I will have lived in the State of Illinois and |
|
in my election
precinct at least 30 days as of the date |
of the next election."; and
|
(d) "The information I have provided is true to |
the best of my knowledge
under penalty of perjury. If I |
have provided false information, then I may be
fined, |
imprisoned, or, if I am not a U.S. citizen, deported |
from or refused
entry into the United States.".
|
(15) A space for the person to fill in his or her |
e-mail address if he or she chooses to provide that |
information. |
(d-5) Compliance with federal law; rulemaking authority. |
The voter
registration
form described in this Section shall be |
consistent with the form prescribed by
the
Federal
Election |
Commission under the National Voter Registration Act of 1993,
|
P.L. 103-31, as amended from time to time, and the Help America |
Vote Act of
2002, P.L. 107-252, in all relevant respects. The |
State Board of Elections
shall periodically update the form |
based on changes to federal or State law.
The State Board of |
Elections shall promulgate any rules necessary for the
|
implementation of this Section; provided that the rules
|
comport with the letter and spirit of the National Voter |
Registration Act of
1993 and Help America Vote Act of 2002 and |
maximize the opportunity for a
person to register to vote.
|
(e) Forms available in paper form. The State Board of |
Elections shall make
the voter registration form available in |
regular paper stock and form in
sufficient quantities for the |
|
general public. The State Board of Elections may
provide the |
voter registration form to the Secretary of State, county
|
clerks, boards of election commissioners, designated agencies |
of the State of
Illinois, and any other person or entity |
designated to have these forms by this Code in regular paper |
stock and form or some other format deemed
suitable by the |
Board. Each county clerk or board of election commissioners |
has
the authority to design and print its own voter |
registration form so long as
the form complies with the |
requirements of this Section. The State Board
of Elections, |
county clerks, boards of election commissioners, or other
|
designated agencies of the State of Illinois required to have |
these forms under this
Code shall provide a member of the |
public with any reasonable
number of forms
that he or she may |
request. Nothing in this Section shall permit the State
Board |
of
Elections, county clerk, board of election commissioners, |
or other appropriate
election official who may accept a voter |
registration form to refuse to accept
a voter registration |
form because the form is printed on photocopier or regular
|
paper
stock and form.
|
(f) (Blank).
|
(Source: P.A. 100-863, eff. 8-14-18.)
|
(10 ILCS 5/19-1) (from Ch. 46, par. 19-1) |
Sec. 19-1. Any qualified elector of the State of Illinois |
having
duly registered where such registration is required may |
|
vote at such
election as hereinafter in this Article provided.
|
Notwithstanding any law to the contrary, this Article extends |
to a certified program participant under the Address |
Confidentiality for Victims of Domestic Violence, Sexual |
Assault, Human Trafficking, or Stalking Act.
|
For purposes of this Article 19, a physically |
incapacitated voter marks
his or her ballot "personally" when |
the voter exercises his or her physical
abilities to their |
reasonable limit in marking the ballot, and marking
personally |
may include instructing the person assisting the incapacitated
|
voter when giving such instruction represents the reasonable |
limit of the
physical abilities.
|
(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
|
(10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
|
Sec. 19-4. Mailing or delivery of ballots; time. |
Immediately upon
the receipt of such application either by |
mail or electronic means, not more than 90 days
nor less than 5 |
days prior to such election, or by personal delivery not
more |
than 90 days nor less than one day prior to such election, at |
the
office of such election authority, it shall be the duty of |
such election
authority to examine the records to ascertain |
whether or not such
applicant is lawfully entitled to vote as
|
requested, including a verification of the applicant's |
signature by comparison with the signature on the official |
registration record card, and if found so to be entitled to |
|
vote, to post within one business day thereafter
the name, |
street address,
ward and precinct number or township and |
district number, as the case may be,
of such applicant given on |
a list, the pages of which are to be numbered
consecutively to |
be kept by such election authority for such purpose in a
|
conspicuous, open and public place accessible to the public at |
the entrance of
the office of such election authority, and in |
such a manner that such list may
be viewed without necessity of |
requesting permission therefor. Within one
day after posting |
the name and other information of an applicant for a vote by |
mail
ballot, the election authority shall transmit by |
electronic means pursuant to a process established by the |
State Board of Elections that name and other
posted |
information to the State Board of Elections, which shall |
maintain those
names and other information in an electronic |
format on its website, arranged by
county and accessible to |
State and local political committees. Within 2
business days |
after posting a name and other information on the list within
|
its
office, but no sooner than 40 days before an election, the |
election authority shall mail,
postage prepaid, or deliver in |
person in such office an official ballot
or ballots if more |
than one are to be voted at said election. Mail delivery
of |
Temporarily Absent Student ballot applications pursuant to |
Section
19-12.3 shall be by nonforwardable mail. However,
for |
the consolidated election, vote by mail ballots for certain |
precincts may
be delivered to applicants not less than 25 days |
|
before the election if
so much time is required to have |
prepared and printed the ballots containing
the names of |
persons nominated for offices at the consolidated primary.
The |
election authority shall enclose with each vote by mail ballot |
or
application written instructions on how voting assistance |
shall be provided
pursuant to Section 17-14 and a document, |
written and approved by the State
Board of Elections, |
informing the vote by mail voter of the required postage for |
returning the application and ballot, and
enumerating
the |
circumstances under which a person is authorized to vote by |
vote by mail
ballot pursuant to this Article; such document |
shall also include a
statement informing the applicant that if |
he or she falsifies or is
solicited by another to falsify his |
or her
eligibility to cast a vote by mail ballot, such |
applicant or other is subject
to
penalties pursuant to Section |
29-10 and Section 29-20 of the Election Code.
Each election |
authority shall maintain a list of the name, street address,
|
ward and
precinct, or township and district number, as the |
case may be, of all
applicants who have returned vote by mail |
ballots to such authority, and the name of such vote by mail |
voter shall be added to such list
within one business day from |
receipt of such ballot.
If the vote by mail ballot envelope |
indicates that the voter was assisted in
casting the ballot, |
the name of the person so assisting shall be included on
the |
list. The list, the pages of which are to be numbered |
consecutively,
shall be kept by each election authority in a |
|
conspicuous, open, and public
place accessible to the public |
at the entrance of the office of the election
authority and in |
a manner that the list may be viewed without necessity of
|
requesting permission for viewing.
|
Each election authority shall maintain a list for each |
election
of the
voters to whom it has issued vote by mail |
ballots. The list shall be
maintained for each precinct within |
the jurisdiction of the election
authority. Prior to the |
opening of the polls on election day, the
election authority |
shall deliver to the judges of election in each
precinct the |
list of registered voters in that precinct to whom vote by mail
|
ballots have been issued by mail.
|
Each election authority shall maintain a list for each |
election of
voters to whom it has issued temporarily absent |
student ballots. The list
shall be maintained for each |
election jurisdiction within which such voters
temporarily |
abide. Immediately after the close of the period during which
|
application may be made by mail or electronic means for vote by |
mail ballots, each election
authority shall mail to each other |
election authority within the State a
certified list of all |
such voters temporarily abiding within the
jurisdiction of the |
other election authority.
|
In the event that the return address of an
application for |
ballot by a physically incapacitated elector
is that of a |
facility licensed or certified under the Nursing Home Care
|
Act, the Specialized Mental Health Rehabilitation Act of 2013, |
|
the ID/DD Community Care Act, or the MC/DD Act, within the |
jurisdiction of the election authority, and the applicant
is a |
registered voter in the precinct in which such facility is |
located,
the ballots shall be prepared and transmitted to a |
responsible judge of
election no later than 9 a.m. on the |
Friday, Saturday, Sunday, or Monday immediately
preceding the |
election as designated by the election authority under
Section |
19-12.2. Such judge shall deliver in person on the designated |
day
the ballot to the applicant on the premises of the facility |
from which
application was made. The election authority shall |
by mail notify the
applicant in such facility that the ballot |
will be delivered by a judge of
election on the designated day.
|
All applications for vote by mail ballots shall be |
available at the office
of the election authority for public |
inspection upon request from the
time of receipt thereof by |
the election authority until 30 days after the
election, |
except during the time such applications are kept in the
|
office of the election authority pursuant to Section 19-7, and |
except during
the time such applications are in the possession |
of the judges of election.
|
Notwithstanding any provision of this Section to the |
contrary, pursuant to subsection (a) of Section 30 of the |
Address Confidentiality for Victims of Domestic Violence, |
Sexual Assault, Human Trafficking, or Stalking Act, neither |
the name nor the address of a program participant under that |
Act shall be included in any list of registered voters |
|
available to the public, including the lists referenced in |
this Section. |
(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; |
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. |
7-29-15; 99-522, eff. 6-30-16.)
|
(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 and , 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. 101-270, eff. 1-1-21.)
|
Section 15. The Address Confidentiality for Victims of |
Domestic Violence, Sexual Assault, or Stalking Act is amended |
by changing Sections 1, 5, 10, 11, 15, 30, 35, 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, Human Trafficking, or Stalking Act.
|
(Source: P.A. 101-270, eff. 1-1-21.)
|
(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, human trafficking, 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, human trafficking, or stalking, to enable |
interagency cooperation with the Attorney
General in providing |
address confidentiality for victims of domestic
violence, |
sexual assault, human trafficking, 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. 101-270, eff. 1-1-21.)
|
|
(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.
|
"Human trafficking" means the practices set forth in |
subsection (b), (c), or (d) of Section 10-9 of the Criminal |
Code of 2012, regardless of whether the victim has reported |
the trafficking 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. 101-270, eff. 1-1-21.)
|
(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, |
human trafficking, or stalking.
|
(Source: P.A. 101-270, eff. 1-1-21.)
|
(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, human trafficking, 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) a State 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;
|
(3.5) proof of a State residential street address |
where the applicant resides or a signed statement |
affirming the applicant's status as homeless in this |
State; |
(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, human trafficking, 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. 101-270, eff. 1-1-21.)
|
(750 ILCS 61/30)
|
Sec. 30.
Voting by program participant; use of designated
|
address by election authority.
|
(a) A program participant who is otherwise qualified to |
vote may
register apply to vote by submitting an Illinois |
Address Confidentiality Program Voter Registration Application |
created by the State Board of Elections to the appropriate |
election authority under Article 20 of the Election Code. The |
program participant
shall automatically receive absentee |
ballots for all elections in the
jurisdictions for which that |
|
individual resides in the same manner as
absentee voters who |
qualify under Article 20 of the Election Code.
The State Board |
of Elections Attorney General shall adopt rules to ensure the |
integrity of the voting
process and the confidentiality of the |
program participant.
Upon request, the The election authority |
shall transmit the vote by mail absentee ballot to
the program |
participant at the address designated by the participant in |
his
or her application. Neither the name nor the address of
a |
program participant shall be included in any list of |
registered voters
available to the public.
|
(b) The election authority may not make the participant's |
address
contained in voter registration records available for |
public inspection or
copying except under the following |
circumstances:
|
(1) if requested by a law enforcement agency, to the |
law enforcement
agency; and
|
(2) if directed by a court order, to a person |
identified in the
order.
|
(Source: P.A. 91-494, eff. 1-1-00.)
|
(750 ILCS 61/35)
|
Sec. 35. Disclosure of address prohibited; exceptions. The |
Attorney General may not make a program participant's address, |
other
than the address designated by the Attorney General, |
available for
inspection or copying, except under the |
following circumstances:
|
|
(a) if requested by a law enforcement agency, to the law |
enforcement
agency;
|
(b) if directed by a court order, to a person identified in |
the
order; and
|
(c) (blank) if certification has been canceled.
|
A program participant's address and phone number on file |
with the Attorney General are not subject to disclosure under |
the Freedom of Information Act. |
(Source: P.A. 91-494, eff. 1-1-00.)
|
(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, human |
trafficking, 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. 101-270, eff. 1-1-21.)
|