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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.
|
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:
|
11 | | (10 ILCS 5/1A-16)
|
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
|
16 | | this Code.
|
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.
|
8 | | Any forms described under paragraph (3) must state the |
9 | | following:
|
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
|
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
|
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:
|
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
|
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.
|
16 | | Upon the receipt of a registration form, the State Board |
17 | | of Elections shall
mark
the date on which the form was received
|
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.
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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
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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 |
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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
|
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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.
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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 |