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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows: | ||||||
6 | (5 ILCS 140/7.5) | ||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
8 | by the statutes referenced below, the following shall be | ||||||
9 | exempt from inspection and copying: | ||||||
10 | (a) All information determined to be confidential | ||||||
11 | under Section 4002 of the Technology Advancement and | ||||||
12 | Development Act. | ||||||
13 | (b) Library circulation and order records identifying | ||||||
14 | library users with specific materials under the Library | ||||||
15 | Records Confidentiality Act. | ||||||
16 | (c) Applications, related documents, and medical | ||||||
17 | records received by the Experimental Organ Transplantation | ||||||
18 | Procedures Board and any and all documents or other | ||||||
19 | records prepared by the Experimental Organ Transplantation | ||||||
20 | Procedures Board or its staff relating to applications it | ||||||
21 | has received. | ||||||
22 | (d) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a | ||||||
21 | local emergency energy plan ordinance that is adopted | ||||||
22 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
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1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the | ||||||
15 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
16 | apply until the conclusion of the trial of the case, even | ||||||
17 | if the prosecution chooses not to pursue the death penalty | ||||||
18 | prior to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Regional Transportation Authority under Section 2.11 of | ||||||
26 | the Regional Transportation Authority Act or the St. Clair |
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1 | County Transit District under the Bi-State Transit Safety | ||||||
2 | Act. | ||||||
3 | (q) Information prohibited from being disclosed by the | ||||||
4 | Personnel Record Review Act. | ||||||
5 | (r) Information prohibited from being disclosed by the | ||||||
6 | Illinois School Student Records Act. | ||||||
7 | (s) Information the disclosure of which is restricted | ||||||
8 | under Section 5-108 of the Public Utilities Act.
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9 | (t) All identified or deidentified health information | ||||||
10 | in the form of health data or medical records contained | ||||||
11 | in, stored in, submitted to, transferred by, or released | ||||||
12 | from the Illinois Health Information Exchange, and | ||||||
13 | identified or deidentified health information in the form | ||||||
14 | of health data and medical records of the Illinois Health | ||||||
15 | Information Exchange in the possession of the Illinois | ||||||
16 | Health Information Exchange Office due to its | ||||||
17 | administration of the Illinois Health Information | ||||||
18 | Exchange. The terms "identified" and "deidentified" shall | ||||||
19 | be given the same meaning as in the Health Insurance | ||||||
20 | Portability and Accountability Act of 1996, Public Law | ||||||
21 | 104-191, or any subsequent amendments thereto, and any | ||||||
22 | regulations promulgated thereunder. | ||||||
23 | (u) Records and information provided to an independent | ||||||
24 | team of experts under the Developmental Disability and | ||||||
25 | Mental Health Safety Act (also known as Brian's Law). | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed | ||||||
7 | Carry Licensing Review Board under the Firearm Concealed | ||||||
8 | Carry Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of | ||||||
22 | an eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
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1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (ff) Information that is exempted from disclosure | ||||||
15 | under the Revised Uniform Unclaimed Property Act. | ||||||
16 | (gg) Information that is prohibited from being | ||||||
17 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
18 | Code. | ||||||
19 | (hh) Records that are exempt from disclosure under | ||||||
20 | Section 1A-16.7 of the Election Code. | ||||||
21 | (ii) Information which is exempted from disclosure | ||||||
22 | under Section 2505-800 of the Department of Revenue Law of | ||||||
23 | the Civil Administrative Code of Illinois. | ||||||
24 | (jj) Information and reports that are required to be | ||||||
25 | submitted to the Department of Labor by registering day | ||||||
26 | and temporary labor service agencies but are exempt from |
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1 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
2 | and Temporary Labor Services Act. | ||||||
3 | (kk) Information prohibited from disclosure under the | ||||||
4 | Seizure and Forfeiture Reporting Act. | ||||||
5 | (ll) Information the disclosure of which is restricted | ||||||
6 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
7 | Aid Code. | ||||||
8 | (mm) Records that are exempt from disclosure under | ||||||
9 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
10 | (nn) Information that is exempt from disclosure under | ||||||
11 | Section 70 of the Higher Education Student Assistance Act. | ||||||
12 | (oo) Communications, notes, records, and reports | ||||||
13 | arising out of a peer support counseling session | ||||||
14 | prohibited from disclosure under the First Responders | ||||||
15 | Suicide Prevention Act. | ||||||
16 | (pp) Names and all identifying information relating to | ||||||
17 | an employee of an emergency services provider or law | ||||||
18 | enforcement agency under the First Responders Suicide | ||||||
19 | Prevention Act. | ||||||
20 | (qq) Information and records held by the Department of | ||||||
21 | Public Health and its authorized representatives collected | ||||||
22 | under the Reproductive Health Act. | ||||||
23 | (rr) Information that is exempt from disclosure under | ||||||
24 | the Cannabis Regulation and Tax Act. | ||||||
25 | (ss) Data reported by an employer to the Department of | ||||||
26 | Human Rights pursuant to Section 2-108 of the Illinois |
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1 | Human Rights Act. | ||||||
2 | (tt) Recordings made under the Children's Advocacy | ||||||
3 | Center Act, except to the extent authorized under that | ||||||
4 | Act. | ||||||
5 | (uu) Information that is exempt from disclosure under | ||||||
6 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
7 | (vv) Information that is exempt from disclosure under | ||||||
8 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
9 | Public Aid Code. | ||||||
10 | (ww) Information that is exempt from disclosure under | ||||||
11 | Section 16.8 of the State Treasurer Act. | ||||||
12 | (xx) Information that is exempt from disclosure or | ||||||
13 | information that shall not be made public under the | ||||||
14 | Illinois Insurance Code. | ||||||
15 | (yy) Information prohibited from being disclosed under | ||||||
16 | the Illinois Educational Labor Relations Act. | ||||||
17 | (zz) Information prohibited from being disclosed under | ||||||
18 | the Illinois Public Labor Relations Act. | ||||||
19 | (aaa) Information prohibited from being disclosed | ||||||
20 | under Section 1-167 of the Illinois Pension Code. | ||||||
21 | (bbb) Information prohibited from being disclosed | ||||||
22 | under Section 35 of the Address Confidentiality for | ||||||
23 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
24 | Trafficking, or Stalking Act. | ||||||
25 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
26 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
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1 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
2 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
3 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
4 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
5 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
6 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
7 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
8 | eff. 7-7-20.) | ||||||
9 | Section 10. The Election Code is amended by changing | ||||||
10 | Sections 1A-16, 19-1, and 20-3 as follows:
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11 | (10 ILCS 5/1A-16)
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12 | Sec. 1A-16. Voter registration information; Internet | ||||||
13 | posting; processing
of voter registration forms; content of | ||||||
14 | such forms. Notwithstanding any law to
the contrary, the | ||||||
15 | following provisions shall apply to voter registration under
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16 | this Code.
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17 | (a) Voter registration information; Internet posting of | ||||||
18 | voter registration
form. Within 90 days after August 21, 2003 | ||||||
19 | (the effective date of Public Act 93-574), the State Board of | ||||||
20 | Elections shall post on its World Wide Web
site the following | ||||||
21 | information:
| ||||||
22 | (1) A comprehensive list of the names, addresses, | ||||||
23 | phone numbers, and
websites, if applicable, of all county | ||||||
24 | clerks and boards
of election commissioners in Illinois.
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1 | (2) A schedule of upcoming elections and the deadline | ||||||
2 | for voter
registration.
| ||||||
3 | (3) A downloadable, printable voter registration form, | ||||||
4 | in at least English
and in
Spanish versions, that a person | ||||||
5 | may complete and mail or submit to the
State Board of | ||||||
6 | Elections or the appropriate county clerk or
board of | ||||||
7 | election commissioners.
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8 | Any forms described under paragraph (3) must state the | ||||||
9 | following:
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10 | If you do not have a driver's license or social | ||||||
11 | security number, and this
form is submitted by mail, and | ||||||
12 | you have never registered to vote in the
jurisdiction you | ||||||
13 | are now registering in, then you must send, with this
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14 | application, either (i) a copy of a current and valid | ||||||
15 | photo identification, or
(ii) a copy of a current utility | ||||||
16 | bill, bank statement, government check,
paycheck, or other | ||||||
17 | government document that shows the name and address of the
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18 | voter. If you do not provide the information required | ||||||
19 | above, then you will be
required to provide election | ||||||
20 | officials with either (i) or (ii) described above
the | ||||||
21 | first time you vote at a voting place.
| ||||||
22 | (b) Acceptance of registration forms by the State Board of | ||||||
23 | Elections and
county clerks and board of election | ||||||
24 | commissioners. The
State Board of Elections, county clerks, | ||||||
25 | and board of election commissioners
shall accept all completed | ||||||
26 | voter registration forms
described in subsection (a)(3) of |
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1 | this Section and Section Sections 1A-17 and voter registration | ||||||
2 | forms created under Section 30 of the Address Confidentiality | ||||||
3 | for Victims of Domestic Violence, Sexual Assault, Human | ||||||
4 | Trafficking, or Stalking Act 1A-30 that are:
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5 | (1) postmarked on or before the day that voter | ||||||
6 | registration is closed
under this
Code;
| ||||||
7 | (2) not postmarked, but arrives no later than 5 days | ||||||
8 | after the close
of registration;
| ||||||
9 | (3) submitted in person by a person using the form on | ||||||
10 | or before the
day that voter registration is closed under | ||||||
11 | this Code; or
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12 | (4) submitted in person by a person who submits one or | ||||||
13 | more forms
on behalf of one or more persons who used the | ||||||
14 | form on or before
the day that voter registration is | ||||||
15 | closed under this Code.
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16 | Upon the receipt of a registration form, the State Board | ||||||
17 | of Elections shall
mark
the date on which the form was received
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18 | and send the form via first class mail to the appropriate | ||||||
19 | county clerk or board
of
election commissioners, as the case | ||||||
20 | may be, within 2 business days based upon
the home address of | ||||||
21 | the person submitting the registration form. The county
clerk | ||||||
22 | and board of election commissioners shall accept and process | ||||||
23 | any form
received from the State Board of Elections.
| ||||||
24 | (c) Processing of registration forms by county clerks and | ||||||
25 | boards of election
commissioners. The county clerk or board of | ||||||
26 | election commissioners shall
promulgate procedures for |
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1 | processing the voter registration form.
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2 | (d) Contents of the voter registration form. The State | ||||||
3 | Board shall create
a voter registration form, which must | ||||||
4 | contain the following content:
| ||||||
5 | (1) Instructions for completing the form.
| ||||||
6 | (2) A summary of the qualifications to register to | ||||||
7 | vote in Illinois.
| ||||||
8 | (3) Instructions for mailing in or submitting the form | ||||||
9 | in person.
| ||||||
10 | (4) The phone number for the State Board of Elections | ||||||
11 | should a person
submitting the form have questions.
| ||||||
12 | (5) A box for the person to check that explains one of | ||||||
13 | 3 reasons for
submitting the form:
| ||||||
14 | (a) new registration;
| ||||||
15 | (b) change of address; or
| ||||||
16 | (c) change of name.
| ||||||
17 | (6) a box for the person to check yes or no that asks, | ||||||
18 | "Are you a citizen
of the United States?", a box for the | ||||||
19 | person to check yes or no that asks,
"Will you be 18 years | ||||||
20 | of age on or before election day?", and a statement of
"If | ||||||
21 | you checked 'no' in response to either of these questions, | ||||||
22 | then do not
complete this form.".
| ||||||
23 | (7) A space for the person to fill in his or her home | ||||||
24 | telephone
number.
| ||||||
25 | (8) Spaces for the person to fill in his or her first, | ||||||
26 | middle, and last
names, street address (principal place of |
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1 | residence), county, city, state, and
zip code.
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2 | (9) Spaces for the person to fill in his or her mailing | ||||||
3 | address, city,
state, and zip code if different from his | ||||||
4 | or her principal place of residence.
| ||||||
5 | (10) A space for the person to fill in his or her | ||||||
6 | Illinois driver's
license number if the person has a | ||||||
7 | driver's license.
| ||||||
8 | (11) A space for a person without a driver's license | ||||||
9 | to fill in the last
four digits of his or her social | ||||||
10 | security number if the person has a social
security | ||||||
11 | number.
| ||||||
12 | (12) A space for a person without an Illinois driver's | ||||||
13 | license to fill in
his or her identification number from | ||||||
14 | his or her State Identification card
issued by the | ||||||
15 | Secretary of State.
| ||||||
16 | (13) A space for the person to fill the name appearing | ||||||
17 | on his or her last
voter registration, the street address | ||||||
18 | of his or her last registration,
including the city, | ||||||
19 | county, state, and zip code.
| ||||||
20 | (14) A space where the person swears or affirms the | ||||||
21 | following under
penalty of perjury with his or her | ||||||
22 | signature:
| ||||||
23 | (a) "I am a citizen of the United States.";
| ||||||
24 | (b) "I will be at least 18 years old on or before | ||||||
25 | the next election.";
| ||||||
26 | (c) "I will have lived in the State of Illinois and |
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1 | in my election
precinct at least 30 days as of the date | ||||||
2 | of the next election."; and
| ||||||
3 | (d) "The information I have provided is true to | ||||||
4 | the best of my knowledge
under penalty of perjury. If I | ||||||
5 | have provided false information, then I may be
fined, | ||||||
6 | imprisoned, or, if I am not a U.S. citizen, deported | ||||||
7 | from or refused
entry into the United States.".
| ||||||
8 | (15) A space for the person to fill in his or her | ||||||
9 | e-mail address if he or she chooses to provide that | ||||||
10 | information. | ||||||
11 | (d-5) Compliance with federal law; rulemaking authority. | ||||||
12 | The voter
registration
form described in this Section shall be | ||||||
13 | consistent with the form prescribed by
the
Federal
Election | ||||||
14 | Commission under the National Voter Registration Act of 1993,
| ||||||
15 | P.L. 103-31, as amended from time to time, and the Help America | ||||||
16 | Vote Act of
2002, P.L. 107-252, in all relevant respects. The | ||||||
17 | State Board of Elections
shall periodically update the form | ||||||
18 | based on changes to federal or State law.
The State Board of | ||||||
19 | Elections shall promulgate any rules necessary for the
| ||||||
20 | implementation of this Section; provided that the rules
| ||||||
21 | comport with the letter and spirit of the National Voter | ||||||
22 | Registration Act of
1993 and Help America Vote Act of 2002 and | ||||||
23 | maximize the opportunity for a
person to register to vote.
| ||||||
24 | (e) Forms available in paper form. The State Board of | ||||||
25 | Elections shall make
the voter registration form available in | ||||||
26 | regular paper stock and form in
sufficient quantities for the |
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| |||||||
1 | general public. The State Board of Elections may
provide the | ||||||
2 | voter registration form to the Secretary of State, county
| ||||||
3 | clerks, boards of election commissioners, designated agencies | ||||||
4 | of the State of
Illinois, and any other person or entity | ||||||
5 | designated to have these forms by this Code in regular paper | ||||||
6 | stock and form or some other format deemed
suitable by the | ||||||
7 | Board. Each county clerk or board of election commissioners | ||||||
8 | has
the authority to design and print its own voter | ||||||
9 | registration form so long as
the form complies with the | ||||||
10 | requirements of this Section. The State Board
of Elections, | ||||||
11 | county clerks, boards of election commissioners, or other
| ||||||
12 | designated agencies of the State of Illinois required to have | ||||||
13 | these forms under this
Code shall provide a member of the | ||||||
14 | public with any reasonable
number of forms
that he or she may | ||||||
15 | request. Nothing in this Section shall permit the State
Board | ||||||
16 | of
Elections, county clerk, board of election commissioners, | ||||||
17 | or other appropriate
election official who may accept a voter | ||||||
18 | registration form to refuse to accept
a voter registration | ||||||
19 | form because the form is printed on photocopier or regular
| ||||||
20 | paper
stock and form.
| ||||||
21 | (f) (Blank).
| ||||||
22 | (Source: P.A. 100-863, eff. 8-14-18.)
| ||||||
23 | (10 ILCS 5/19-1) (from Ch. 46, par. 19-1) | ||||||
24 | Sec. 19-1. Any qualified elector of the State of Illinois | ||||||
25 | having
duly registered where such registration is required may |
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| |||||||
1 | vote at such
election as hereinafter in this Article provided.
| ||||||
2 | Notwithstanding any law to the contrary, this Article extends | ||||||
3 | to a certified program participant under the Address | ||||||
4 | Confidentiality for Victims of Domestic Violence, Sexual | ||||||
5 | Assault, Human Trafficking, or Stalking Act.
| ||||||
6 | For purposes of this Article 19, a physically | ||||||
7 | incapacitated voter marks
his or her ballot "personally" when | ||||||
8 | the voter exercises his or her physical
abilities to their | ||||||
9 | reasonable limit in marking the ballot, and marking
personally | ||||||
10 | may include instructing the person assisting the incapacitated
| ||||||
11 | voter when giving such instruction represents the reasonable | ||||||
12 | limit of the
physical abilities.
| ||||||
13 | (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
| ||||||
14 | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| ||||||
15 | Sec. 20-3.
The election authority shall furnish the | ||||||
16 | following
applications for registration by mail or vote by | ||||||
17 | mail ballot which shall be
considered a method of application | ||||||
18 | in lieu of the official postcard.
| ||||||
19 | 1. Members of the United States Service and , citizens of | ||||||
20 | the United
States temporarily residing outside the territorial | ||||||
21 | limits of the United
States , and certified program | ||||||
22 | participants under the Address Confidentiality
for Victims of | ||||||
23 | Domestic Violence, Sexual Assault, or Stalking Act may make | ||||||
24 | application within the periods
prescribed in Sections
20-2 or | ||||||
25 | 20-2.1, as the case may be. Such application shall be
|
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| |||||||
1 | substantially in the following form:
| ||||||
2 | "APPLICATION FOR BALLOT
| ||||||
3 | To be voted at the ............ election in the precinct | ||||||
4 | in which is
located my residence at ..............., in the | ||||||
5 | city/village/township of
............(insert home address) | ||||||
6 | County of ........... and State of
Illinois.
| ||||||
7 | I state that I am a citizen of the United States; that on | ||||||
8 | (insert
date of election) I shall have resided in the State of | ||||||
9 | Illinois and in
the election precinct for 30 days; that on the | ||||||
10 | above date I shall be the
age of 18 years or above; that I am | ||||||
11 | lawfully entitled to vote in such
precinct at that election; | ||||||
12 | that I am (check category 1, 2, or 3
below):
| ||||||
13 | 1. ( ) a member of the United States Service,
| ||||||
14 | 2. ( ) a citizen of the United States temporarily | ||||||
15 | residing outside
the territorial limits of the United States | ||||||
16 | and that I expect to be
absent from the said county of my | ||||||
17 | residence on the date of holding such
election, and that I will | ||||||
18 | have no opportunity to vote in person on that
day.
| ||||||
19 | 3. ( ) a certified program participant under the Address
| ||||||
20 | Confidentiality for Victims of Domestic Violence, Sexual | ||||||
21 | Assault, or Stalking Act.
| ||||||
22 | I hereby make application for an official ballot or | ||||||
23 | ballots to be
voted by me at such election if I am absent from | ||||||
24 | the said county of my
residence, and I agree that I shall | ||||||
25 | return said ballot or ballots to the
election authority | ||||||
26 | postmarked no later than election day, for counting no later |
| |||||||
| |||||||
1 | than during the period for counting provisional ballots, the | ||||||
2 | last day of which is the 14th day following election day or | ||||||
3 | shall destroy said ballot or ballots.
| ||||||
4 | (Check below only if category 2 or 3 and not previously | ||||||
5 | registered)
| ||||||
6 | ( ) I hereby make application to become registered as a | ||||||
7 | voter and
agree to return the forms and affidavits for | ||||||
8 | registration to the
election authority not later than 30 days | ||||||
9 | before the election.
| ||||||
10 | Under penalties as provided by law pursuant to Article 29 | ||||||
11 | of the
Election Code, the undersigned certifies that the | ||||||
12 | statements set forth
in this application are true and correct.
| ||||||
13 | .........................
| ||||||
14 | Post office address or service address to which | ||||||
15 | registration
materials or ballot should be mailed
| ||||||
16 | .........................
| ||||||
17 | .........................
| ||||||
18 | .........................
| ||||||
19 | ........................"
| ||||||
20 | If application is made for a primary election ballot, such
| ||||||
21 | application shall designate the name of the political party | ||||||
22 | with which
the applicant is affiliated.
| ||||||
23 | Such applications may be obtained from the election | ||||||
24 | authority having
jurisdiction over the person's precinct of | ||||||
25 | residence.
| ||||||
26 | 2. A spouse or dependent of a member of the United States |
| |||||||
| |||||||
1 | Service,
said spouse or dependent being a registered voter in | ||||||
2 | the county, may
make application on behalf of said person in | ||||||
3 | the office of the election
authority within the periods | ||||||
4 | prescribed in Section 20-2 which shall be
substantially in the | ||||||
5 | following form:
| ||||||
6 | "APPLICATION FOR BALLOT to be voted at the........... election | ||||||
7 | in
the precinct in which is located the residence of the person | ||||||
8 | for whom
this application is made at.............(insert | ||||||
9 | residence address) in
the city/village/township of......... | ||||||
10 | County of.......... and State
of Illinois.
| ||||||
11 | I certify that the following named person................ | ||||||
12 | (insert
name of person) is a member of the United States | ||||||
13 | Service.
| ||||||
14 | I state that said person is a citizen of the United States; | ||||||
15 | that on
(insert date of election) said person shall have | ||||||
16 | resided in the State of
Illinois and in the election precinct | ||||||
17 | for which this application is made
for 30 days; that on the | ||||||
18 | above date said person shall be the age of 18
years or above; | ||||||
19 | that said person is lawfully entitled to vote in such
precinct | ||||||
20 | at that election; that said person is a member of the United
| ||||||
21 | States Service, and that in the course of his duties said | ||||||
22 | person expects
to be absent from his county of residence on the | ||||||
23 | date of holding such
election, and that said person will have | ||||||
24 | no opportunity to vote in
person on that day.
| ||||||
25 | I hereby make application for an official ballot or | ||||||
26 | ballots to be
voted by said person at such election and said |
| |||||||
| |||||||
1 | person agrees that he
shall return said ballot or ballots to | ||||||
2 | the election authority postmarked no later than election day, | ||||||
3 | for counting no later than during the period for counting | ||||||
4 | provisional ballots, the last day of which is the 14th day | ||||||
5 | following election day, or shall destroy
said ballot or | ||||||
6 | ballots.
| ||||||
7 | I hereby certify that I am the (mother, father, sister, | ||||||
8 | brother,
husband or wife) of the said elector, and that I am a | ||||||
9 | registered voter
in the election precinct for which this | ||||||
10 | application is made. (Strike all
but one that is applicable.)
| ||||||
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 | Name of applicant ......................
| ||||||
15 | Residence address ........................
| ||||||
16 | City/village/township........................
| ||||||
17 | Service address to which ballot should be mailed:
| ||||||
18 | .........................
| ||||||
19 | .........................
| ||||||
20 | .........................
| ||||||
21 | ........................"
| ||||||
22 | If application is made for a primary election ballot, such
| ||||||
23 | application shall designate the name of the political party | ||||||
24 | with which
the person for whom application is made is | ||||||
25 | affiliated.
| ||||||
26 | Such applications may be obtained from the election |
| |||||||
| |||||||
1 | authority having
jurisdiction over the voting precinct in | ||||||
2 | which the person for whom
application is made is entitled to | ||||||
3 | vote.
| ||||||
4 | (Source: P.A. 101-270, eff. 1-1-21 .)
| ||||||
5 | Section 15. 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, 30, 35, and 40 as | ||||||
8 | follows:
| ||||||
9 | (750 ILCS 61/1)
| ||||||
10 | Sec. 1. Short title. This Act may be cited as the Address | ||||||
11 | Confidentiality for Victims of Domestic Violence, Sexual | ||||||
12 | Assault, Human Trafficking, or Stalking Act.
| ||||||
13 | (Source: P.A. 101-270, eff. 1-1-21 .)
| ||||||
14 | (750 ILCS 61/5)
| ||||||
15 | Sec. 5. Legislative findings. The General Assembly finds | ||||||
16 | that persons attempting to escape from actual or
threatened | ||||||
17 | domestic violence, sexual assault, human trafficking, or | ||||||
18 | stalking frequently establish new addresses in order to
| ||||||
19 | prevent their assailants or probable assailants from finding | ||||||
20 | them. The
purpose of this Act is to enable State and local | ||||||
21 | agencies to respond to
requests for public records without | ||||||
22 | disclosing the location of a victim of
domestic violence, | ||||||
23 | sexual assault, human trafficking, or stalking, to enable |
| |||||||
| |||||||
1 | interagency cooperation with the Attorney
General in providing | ||||||
2 | address confidentiality for victims of domestic
violence, | ||||||
3 | sexual assault, human trafficking, or stalking, and to enable | ||||||
4 | State and local agencies to accept a program
participant's use | ||||||
5 | of an address designated by the Attorney General as a
| ||||||
6 | substitute mailing address.
| ||||||
7 | (Source: P.A. 101-270, eff. 1-1-21 .)
| ||||||
8 | (750 ILCS 61/10)
| ||||||
9 | Sec. 10. Definitions. In this Act, unless the context | ||||||
10 | otherwise
requires:
| ||||||
11 | "Address" means a residential street address, school | ||||||
12 | address, or
work address of an individual, as specified on the | ||||||
13 | individual's application
to be a program participant under | ||||||
14 | this Act.
| ||||||
15 | "Program participant" means a person certified as a | ||||||
16 | program
participant under this Act.
| ||||||
17 | "Domestic violence" has the same meaning as in the | ||||||
18 | Illinois Domestic Violence
Act of 1986 and
includes a threat | ||||||
19 | of domestic violence against an individual in a
domestic | ||||||
20 | situation, regardless of whether the domestic violence or | ||||||
21 | threat has
been
reported to law enforcement officers.
| ||||||
22 | "Human trafficking" means the practices set forth in | ||||||
23 | subsection (b), (c), or (d) of Section 10-9 of the Criminal | ||||||
24 | Code of 2012, regardless of whether the victim has reported | ||||||
25 | the trafficking to law enforcement officers. |
| |||||||
| |||||||
1 | "Sexual assault" has the same meaning as sexual conduct or | ||||||
2 | sexual penetration as defined in the Civil No Contact Order | ||||||
3 | Act. "Sexual assault" includes a threat of sexual assault, | ||||||
4 | regardless of whether the sexual assault or threat has been | ||||||
5 | reported to law enforcement officers. | ||||||
6 | "Stalking" has the same meaning as in the Stalking No | ||||||
7 | Contact Order Act. "Stalking" includes a threat of stalking, | ||||||
8 | regardless of whether the stalking or threat has been reported | ||||||
9 | to law enforcement officers. | ||||||
10 | (Source: P.A. 101-270, eff. 1-1-21 .)
| ||||||
11 | (750 ILCS 61/11)
| ||||||
12 | Sec. 11. Address confidentiality program; administration. | ||||||
13 | Subject to
appropriations for the purposes of this Act, the | ||||||
14 | Attorney General shall
administer an address confidentiality | ||||||
15 | program for victims of domestic violence, sexual assault, | ||||||
16 | human trafficking, or stalking.
| ||||||
17 | (Source: P.A. 101-270, eff. 1-1-21 .)
| ||||||
18 | (750 ILCS 61/15)
| ||||||
19 | Sec. 15. Address confidentiality
program; application; | ||||||
20 | certification. | ||||||
21 | (a) An adult person, a parent or guardian acting on behalf | ||||||
22 | of a
minor, or a guardian acting on behalf of a person with a | ||||||
23 | disability, as
defined in Article 11a of the Probate Act of | ||||||
24 | 1975, may apply to the Attorney
General to have an
address |
| |||||||
| |||||||
1 | designated by the Attorney General serve as the person's | ||||||
2 | address
or the address of the minor or person with a | ||||||
3 | disability. The Attorney General
shall approve an application | ||||||
4 | if it is filed in the manner and on the form
prescribed by him | ||||||
5 | or her and if it contains:
| ||||||
6 | (1) a sworn statement by the applicant that the | ||||||
7 | applicant has good
reason to believe (i) that the | ||||||
8 | applicant, or the minor or person with a disability on | ||||||
9 | whose behalf the application is made, is a victim of | ||||||
10 | domestic
violence, sexual assault, human trafficking, or | ||||||
11 | stalking; and (ii) that the applicant fears for his or her | ||||||
12 | safety or his or
her children's safety, or the safety of | ||||||
13 | the minor or person with a disability
on whose behalf the | ||||||
14 | application is made;
| ||||||
15 | (2) a designation of the Attorney General as agent for | ||||||
16 | purposes of
service of process and receipt of mail;
| ||||||
17 | (3) a State the mailing address where the applicant | ||||||
18 | can be contacted by the
Attorney General, and the phone | ||||||
19 | number or numbers where the applicant
can be called by the | ||||||
20 | Attorney General;
| ||||||
21 | (3.5) proof of a State residential street address | ||||||
22 | where the applicant resides or a signed statement | ||||||
23 | affirming the applicant's status as homeless in this | ||||||
24 | State; | ||||||
25 | (4) the new address or addresses that the applicant | ||||||
26 | requests not be
disclosed for the reason that disclosure |
| |||||||
| |||||||
1 | will increase the risk of domestic
violence, sexual | ||||||
2 | assault, human trafficking, or stalking; and
| ||||||
3 | (5) the signature of the applicant and of any | ||||||
4 | individual or
representative of any office designated in | ||||||
5 | writing under Section 40 of this Act
who
assisted in the | ||||||
6 | preparation of the application, and the date on which the
| ||||||
7 | applicant signed the application.
| ||||||
8 | (b) Applications shall be filed with the office of the | ||||||
9 | Attorney General.
| ||||||
10 | (c) Upon filing a properly completed application, the | ||||||
11 | Attorney General shall
certify the applicant as a program | ||||||
12 | participant. Applicants
shall be certified for 4 years | ||||||
13 | following the date of filing unless the
certification is | ||||||
14 | withdrawn or invalidated before that date. The Attorney
| ||||||
15 | General shall by rule establish a renewal procedure.
| ||||||
16 | (d) A person who falsely attests in an application that | ||||||
17 | disclosure
of the applicant's address would endanger the | ||||||
18 | applicant's safety or the
safety of the applicant's children | ||||||
19 | or the minor or incapacitated person on
whose behalf the | ||||||
20 | application is made, or who knowingly provides false or
| ||||||
21 | incorrect information upon making an application, is guilty of | ||||||
22 | a Class 3
felony.
| ||||||
23 | (Source: P.A. 101-270, eff. 1-1-21 .)
| ||||||
24 | (750 ILCS 61/30)
| ||||||
25 | Sec. 30.
Voting by program participant; use of designated
|
| |||||||
| |||||||
1 | address by election authority.
| ||||||
2 | (a) A program participant who is otherwise qualified to | ||||||
3 | vote may
register apply to vote by submitting an Illinois | ||||||
4 | Address Confidentiality Program Voter Registration Application | ||||||
5 | created by the State Board of Elections to the appropriate | ||||||
6 | election authority under Article 20 of the Election Code. The | ||||||
7 | program participant
shall automatically receive absentee | ||||||
8 | ballots for all elections in the
jurisdictions for which that | ||||||
9 | individual resides in the same manner as
absentee voters who | ||||||
10 | qualify under Article 20 of the Election Code .
The State Board | ||||||
11 | of Elections Attorney General shall adopt rules to ensure the | ||||||
12 | integrity of the voting
process and the confidentiality of the | ||||||
13 | program participant.
Upon request, the The election authority | ||||||
14 | shall transmit the vote by mail absentee ballot to
the program | ||||||
15 | participant at the address designated by the participant in | ||||||
16 | his
or her application. Neither the name nor the address of
a | ||||||
17 | program participant shall be included in any list of | ||||||
18 | registered voters
available to the public.
| ||||||
19 | (b) The election authority may not make the participant's | ||||||
20 | address
contained in voter registration records available for | ||||||
21 | public inspection or
copying except under the following | ||||||
22 | circumstances:
| ||||||
23 | (1) if requested by a law enforcement agency, to the | ||||||
24 | law enforcement
agency; and
| ||||||
25 | (2) if directed by a court order, to a person | ||||||
26 | identified in the
order.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-494, eff. 1-1-00.)
| ||||||
2 | (750 ILCS 61/35)
| ||||||
3 | Sec. 35. Disclosure of address prohibited; exceptions. The | ||||||
4 | Attorney General may not make a program participant's address, | ||||||
5 | other
than the address designated by the Attorney General, | ||||||
6 | available for
inspection or copying, except under the | ||||||
7 | following circumstances:
| ||||||
8 | (a) if requested by a law enforcement agency, to the law | ||||||
9 | enforcement
agency;
| ||||||
10 | (b) if directed by a court order, to a person identified in | ||||||
11 | the
order; and
| ||||||
12 | (c) (blank) if certification has been canceled .
| ||||||
13 | A program participant's address and phone number on file | ||||||
14 | with the Attorney General are not subject to disclosure under | ||||||
15 | the Freedom of Information Act. | ||||||
16 | (Source: P.A. 91-494, eff. 1-1-00.)
| ||||||
17 | (750 ILCS 61/40)
| ||||||
18 | Sec. 40. Assistance for program applicants. The Attorney | ||||||
19 | General shall designate State and local agencies and
nonprofit | ||||||
20 | agencies that provide counseling and shelter services to | ||||||
21 | victims
of domestic violence, sexual assault, human | ||||||
22 | trafficking, or stalking to assist persons applying to be | ||||||
23 | program participants.
Any assistance and counseling rendered | ||||||
24 | by the office of the Attorney General or
its designees to |
| |||||||
| |||||||
1 | applicants shall in no way be construed as legal
advice.
| ||||||
2 | (Source: P.A. 101-270, eff. 1-1-21 .)
|