95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0263


 
Introduced 1/19/2007___________, by 
 
SYNOPSIS AS INTRODUCED:
 		


















10 ILCS 5/11-4.1
  from Ch. 46, par. 11-4.1



10 ILCS 5/19-1
  from Ch. 46, par. 19-1




10 ILCS 5/19-2
  from Ch. 46, par. 19-2



10 ILCS 5/19-3
  from Ch. 46, par. 19-3



10 ILCS 5/19-5
  from Ch. 46, par. 19-5




10 ILCS 5/19A-10.5 new





720 ILCS 5/11-9.3










    Amends the Election Code.  Provides that when a qualified elector's precinct polling place is a school and the elector will be  unable to enter the school to vote because the elector is a child sex offender, the elector may vote early or by absentee ballot.  Requires that an election authority that designates permanent or temporary early voting polling places  must designate at least one that a child sex offender may lawfully enter.  Requires that an election authority provide election-day voting at its principal office for child sex offenders who cannot lawfully enter their assigned precinct polling place.  Amends the Criminal Code of 1961.  In the provision prohibiting a child sex offender from entering a school, removes language providing that a child sex offender has the right to be present in a school building to vote.  Provides that it is a Class 4 felony for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site. Effective immediately.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0263

LRB095 04803 JAM 24863 b






1
    AN ACT concerning sex offenders.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Election Code is amended  by changing 
5
Sections 11-4.1, 19-1, 19-2, 19-3, and 19-5 and  by adding 
6
Section 19A-10.5 as follows:
 



7
    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)



8
    Sec. 11-4.1. (a) In appointing polling places under this 
9
Article, the
county board or board of election commissioners 
10
shall, insofar as they are
convenient and available, use 
11
schools and other public buildings as polling
places.

12
    (b) Upon request of the county board or board of election 
13
commissioners,
the proper agency of government (including 
14
school districts and units of
local government) shall make a 
15
public building under its control available
for use as a 
16
polling place on an election day and for a reasonably
necessary 
17
time before and after election day, without charge.
 If the 
18
county board or board of election commissioners chooses a 
19
school
to be a polling place, then the school district must 
20
make the school
available for use as a polling place.
However, 
21
for the day of the election, a school district may choose to 
22
(i)
keep the school open or (ii) hold a teachers institute on 
23
that day.

 


 






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1
    (c) A government agency which makes a public building under 
2
its
control available for use as a polling place shall ensure 
3
the portion of
the building to be used as the polling place is 
4
accessible to handicapped
and elderly voters.

5
    (d) If a qualified elector's precinct polling place is a 
6
school and the elector will be unable to enter that polling 
7
place without violating Section 11-9.3 of the Criminal Code of 
8
1961 because the elector is a child sex offender as defined in 
9
Section 11-9.3 of the Criminal Code of 1961, that elector may 
10
vote by absentee ballot in accordance with Article 19 of this 
11
Code or may vote early in accordance with Article 19A of this 
12
Code.
13
    Each election authority shall provide in-person voting on 
14
election day at the principal office of the election authority 
15
for any qualified elector of the election jurisdiction (i) 
16
whose precinct polling place is a school, (ii) who is a child 
17
sex offender as defined in Section 11-9.3 of the Criminal Code 
18
of 1961 and unable to enter that precinct polling place without 
19
violating that Section, and (iii) who has not already voted at 
20
the election by absentee ballot or early voting.

21
(Source: P.A. 92-465, eff. 8-22-01.)

 
22
    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)
23
    Sec. 19-1. Any qualified elector of the State of Illinois  
24
having
duly registered where such registration is required who 
25
will be unable to enter his or her precinct polling place 
 


 






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1
without violating Section 11-9.3 of the Criminal Code of 1961 
2
orwho expects to be
absent from the county in which he is a 
3
qualified elector or who because
of being appointed a judge of 
4
election in a precinct other than the
precinct in which he 
5
resides or who because of physical incapacity or
the tenets of 
6
his religion in the observance of a religious holiday or
who 
7
because of election duties for the office of an Election 
8
Authority
or the State Board of Elections or who because of 
9
election duties for a
law enforcement agency, including but not 
10
limited to the offices of the
Attorney General, a State's 
11
Attorney, a United States Attorney, or a
State, county, or 
12
municipal police department, or who, because he is
temporarily 
13
abiding outside the precinct in which he is registered to vote

14
due to the fact he is a student attending an institution of 
15
higher
education or who is serving as a sequestered juror on a 
16
State or federal jury,
or who because of his or her confinement 
17
or
detention in a jail pending acquittal or conviction of a 
18
crime,
will be unable to be present at
the polls on the day of 
19
holding any special, general or
primary election at which any 
20
presidential preference is indicated or
any candidates are 
21
chosen or elected, for any congressional, State,
district, 
22
county, town, city, village, precinct or judicial offices or
at 
23
which questions of public policy are submitted, may vote at 
24
such
election as hereinafter in this Article provided.


25
    Each Election Authority, law enforcement agency, and the 
26
State Board
of Elections shall compile and keep current a list 
 


 






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1
of his or its
officers or employees who are eligible to vote 
2
under this Article by
reason of election duties.


3
    For purposes of this Article 19, a physically incapacitated 
4
voter marks
his or her ballot "personally" when the voter 
5
exercises his or her physical
abilities to their reasonable 
6
limit in marking the ballot, and marking
personally may include 
7
instructing the person assisting the incapacitated
voter when 
8
giving such instruction represents the reasonable limit of the

9
physical abilities.


10
(Source: P.A. 94-637, eff. 1-1-06.)

 
11
    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
12
    Sec. 19-2. Any elector as defined in Section 19-1 who will 
13
be unable to enter his or her precinct polling place without 
14
violating Section 11-9.3 of the Criminal Code of 1961 or who is

15
expecting to be
absent from the county of his residence or any 
16
such elector who because
of being appointed a judge of election 
17
in a precinct other than the
precinct in which he resides or 
18
who because of physical incapacity or
the tenets of his 
19
religion in the observance of a religious holiday or
who 
20
because of election duties for the office of an Election 
21
Authority,
the State Board of Elections, or a law enforcement

22
agency, or who because of his or her confinement or
detention 
23
in a jail pending acquittal or conviction of a crime,
will be 
24
unable to be present at the polls on the day of such
election 
25
may by mail, not more than 40 nor less than 5 days prior to the

 


 






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1
date of such election, or by personal delivery not more than 40 
2
nor less
than one day prior to the date of such election, make 
3
application to the
county clerk or to the Board of Election 
4
Commissioners for an official
ballot for the voter's precinct 
5
to be voted at such election.


6
(Source: P.A. 94-637, eff. 1-1-06.)

 



7
    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)


8
    Sec. 19-3. Application for such ballot shall be made on 
9
blanks to be
furnished by the election authority and 
10
duplication of such application
for ballot is prohibited, 
11
except by the election authority.  The
application for ballot 
12
shall be substantially in the
following form:

13

APPLICATION FOR BALLOT


14

BY ELECTOR WHO EXPECTS TO BE


15

ABSENT FROM COUNTY


16
    To be voted at the .... election in the County of .... and 
17
State of
Illinois, in the .... precinct of the (1) *township of 
18
.... (2) *City of
.... or (3) *.... ward in the City of ....

19
    I state that I am a resident of the .... precinct of the 
20
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
21
the city of
.... residing at .... in such city or town in the 
22
county of .... and
State of Illinois; that I have lived at such 
23
address for .... month(s)
last past; that I am lawfully 
24
entitled to vote in such precinct at the
.... election to be 
25
held therein on ....; that I expect to be absent
from the 
 


 






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1
county of my residence on the date of holding such election,

2
and that I will have no opportunity to vote in person on that 
3
day.

4
    I hereby make application for an official ballot or ballots 
5
to be
voted by me at such election if I am absent from the 
6
county of my
residence, and I agree that I shall return such 
7
ballot or ballots to the
official issuing the same prior to the 
8
closing of the polls on the date
of the election.

9
    Under penalties as provided by law pursuant to Section 
10
29-10 of The
Election Code, the undersigned certifies that the 
11
statements set forth
in this application are true and correct.

12

....


13

*fill in either (1), (2) or (3).


14

Post office address to which ballot is mailed:


15
.............................................................

16
    However, if application is made for a primary election 
17
ballot, such
application shall designate the name of the 
18
political party with which
the applicant is affiliated.

19

APPLICATION FOR BALLOT


20

BY ELECTOR WHO IS JUDGE OF ELECTION


21

IN A PRECINCT OTHER THAN THE PRECINCT


22

IN WHICH HE RESIDES


23
    To be voted at the .... election in the County of .... and 
24
State of
Illinois, in the .... precinct of the (1) *township of 
25
.... (2) *City of
.... or (3) *.... ward in the City of ....

26
    I state that I am affiliated with the .... party (to be 
 


 






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1
used in
primary elections) and that I am a resident of the .... 
2
precinct of the
(1) *township of .... (2) *City of .... or (3) 
3
*.... ward in the city of
.... residing at .... in such city or 
4
town in the county of .... and
State of Illinois; that I have 
5
lived at such address for .... month(s)
last past; that I am 
6
lawfully entitled to vote in such precinct at the
.... election 
7
to be held therein on ....; that I am a judge of election
in 
8
.... precinct or the (1) *.... ward in the city of .... or (2)

9
*township of .... or (3) *city, village or incorporated town of 
10
.... in such
county and that I will have no opportunity of 
11
voting in person on that day:

12
    I hereby make application for an official ballot or ballots 
13
to be
voted by me at such election if I serve as a judge of 
14
election in such
last named precinct, and I agree that I shall 
15
return such ballot or
ballots to the official issuing the same 
16
prior to the closing of the
polls on the date of the election.

17
    Under penalties as provided by law pursuant to Section 
18
29-10 of The
Election Code, the undersigned certifies that the 
19
statements set forth
in this application are true and correct.

20

....


21

*fill in either (1), (2) or (3).


22

Post office address to which ballot is mailed:


23

....


24

APPLICATION FOR BALLOT


25

BY PHYSICALLY INCAPACITATED ELECTOR


26
    To be voted at the .... election in the County of .... and 
 


 






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1
State of
Illinois, in the .... precinct of the (1) *township of 
2
.... (2) *City of
.... or (3) *.... ward in the City of ....

3
    I state that I am affiliated with the .... party (to be 
4
used in
primary elections) and that I am a resident of the .... 
5
precinct of the
(1) *township of .... (2) *City of .... or (3) 
6
*.... ward in the city of
.... residing at .... in such city or 
7
town in the county of .... and
State of Illinois; that I have 
8
lived at such address for .... month(s)
last past; that I am 
9
lawfully entitled to vote in such precinct at the
.... election 
10
to be held therein on ....; that I shall be physically

11
incapable of being present at the polls of such precinct on the 
12
date of
holding such election for the following reasons:

13
    I hereby make application for an official ballot or ballots 
14
to be
voted by me at such election if I am so physically 
15
incapacitated, and I
agree that I shall return such ballot or 
16
ballots to the official issuing
the same prior to the closing 
17
of the polls on the date of election.

18
    Under penalties as provided by law pursuant to Section 
19
29-10 of The
Election Code, the undersigned certifies that the 
20
statements set forth
in this application are true and correct.

21

....


22

*fill in either (1), (2) or (3).


23

Post office address to which ballot is mailed:


24
.............................................................

25

APPLICATION FOR BALLOT
26

BY CHILD SEX OFFENDER ELECTOR
 


 






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1
    To be voted at the .... election in the County of .... and 
2
State of
Illinois, in the .... precinct of the (1) *township of 
3
.... (2) *City of
.... or (3) *.... ward in the City of ....
4
    I state that I am affiliated with the .... party (to be 
5
used in
primary elections) and that I am a resident of the .... 
6
precinct of the
(1) *township of .... (2) *City of .... or (3) 
7
*.... ward in the city of
.... residing at .... in such city or 
8
town in the county of .... and
State of Illinois; that I have 
9
lived at such address for .... month(s)
last past; that I am 
10
lawfully entitled to vote in such precinct at the
.... election 
11
to be held therein on ....; that
my assigned precinct polling 
12
place is in a school and I will be unable to enter the polling 
13
place without violating Section 11-9.3 of the Criminal Code of 
14
1961.
15
    I hereby make application for an official ballot or ballots 
16
to be
voted by me at such election because my assigned precinct 
17
polling place is in a school and I will be unable to enter the 
18
polling place without violating Section 11-9.3 of the Criminal 
19
Code of 1961, and I
agree that I shall return such ballot or 
20
ballots to the official issuing
the same prior to the closing 
21
of the polls on the date of election.
22
    Under penalties as provided by law pursuant to Section 
23
29-10 of the
Election Code, the undersigned certifies that the 
24
statements set forth
in this application are true and correct.
25

....
26

*fill in either (1), (2), or (3).
 


 






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1

Post office address to which ballot is mailed:
2
.............................................................

3

APPLICATION FOR BALLOT


4

BY ELECTOR OBSERVING RELIGIOUS HOLIDAY


5
    To be voted at the .... election in the county of .... 
6
State of
Illinois, in the .... precinct (1) *township of .... 
7
(2) *City of ....
or (3) *.... ward in the City of ....

8
    I state that I am affiliated with the .... party (to be 
9
used in
primary elections) and that I am a resident of the .... 
10
precinct of the
(1) *township of .... (2) *City of .... or (3) 
11
*.... ward in the city of
.... residing at .... in such city or 
12
town in the county of .... and
State of Illinois; that I have 
13
lived at such address for .... month(s)
past, that I am 
14
lawfully entitled to vote in such precinct at the ....
election 
15
to be held therein on ....; that I shall be unable to be

16
present at the polls of such precinct on the date of holding 
17
such
election because of the tenets of my religion in the 
18
observance of a
religious holiday.

19
    I hereby make application for an official ballot or ballots 
20
to be
voted by me at such election if I am so unable to be 
21
present at the
polls of such precinct on the date of the 
22
election because of the tenets
of my religion in the observance 
23
of a religious holiday, and I agree
that I shall return the 
24
ballot or ballots to the official issuing the
same prior to the 
25
closing of the polls on the date of the election.

26
    Under penalties as provided by law pursuant to Section 
 


 






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1
29-10 of The
Election Code, the undersigned certifies that the 
2
statements set forth
in this application are true and correct.

3

....


4

*fill in either (1), (2) or (3).


5

Post office address to which ballot is mailed:


6
.............................................................

7

APPLICATION FOR BALLOT


8

BY ELECTOR WHO IS AN ELECTION EMPLOYEE


9

OF STATE'S ATTORNEY, COUNTY CLERK OR


10

BOARD OF ELECTION COMMISSIONERS


11
    To be voted at the .... election in the County of .... and 
12
State of
Illinois, in the .... precinct of the (1) *township of 
13
.... (2) *City of
.... or (3) *.... ward in the City of ....

14
    I state that I am a resident of the .... precinct of the 
15
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
16
the city of
.... residing at .... in such city or town in the 
17
county of .... and
State of Illinois; that I have lived at such 
18
address for .... month(s)
last past; that I am lawfully 
19
entitled to vote in such precinct at the
.... election to be 
20
held therein on ....; that I am employed in the
office of the 
21
(State's Attorney of .... County) (County Clerk of ....
County) 
22
(Board of Election Commissioners of the (City) (County) of ....

23
and that because of election duties on the date of holding such 
24
election
I will have no opportunity to vote in person on that 
25
day.

26
    I hereby make application for an official ballot or ballots 
 


 






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1
to be
voted by me at such election, and I agree that I shall 
2
return such
ballot or ballots to the official issuing the same 
3
prior to the closing
of the polls on the date of the election.

4
    Under penalties as provided by law pursuant to Section 
5
29-10 of The
Election Code, the undersigned certifies that the 
6
statements set forth
in this application are true and correct.

7

....


8

*fill in either (1), (2) or (3).


9

Post office address to which ballot is mailed:


10
.............................................................

11
    Provided, that if application be made for a primary 
12
election ballot,
such application shall designate the name of 
13
the political party with
which the applicant is affiliated.

14

APPLICATION FOR


15

TEMPORARILY ABSENT STUDENT BALLOT


16
    To be voted at the .... election in the County of .... and 
17
State of
Illinois, in the .... precinct of the (1) *township of 
18
.... (2) *City of
.... or (3) *.... ward in the City of ....

19
    I state that I am a resident of the .... precinct of the 
20
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
21
the city of
.... residing at .... in such city or town in the 
22
county of .... and
State of Illinois; that I have lived at such 
23
address for .... month(s)
last past; that I am lawfully 
24
entitled to vote in such precinct at the
.... election to be 
25
held therein on ....; that I am temporarily abiding
outside 
26
such precinct in the (1) *township of .... (2) *City of .... in 
 


 






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1
the
county of .... and State of .... due to the fact I am a 
2
student attending an
institution of higher education, and for 
3
that reason do not expect to have
an opportunity to vote in 
4
person on that day.

5
    I hereby make application for an official ballot or ballots 
6
to be
voted by me at such election if I am absent from the 
7
precinct of my
residence, and I agree that I shall return such 
8
ballot or ballots to the
official issuing the same prior to the 
9
closing of the polls on the date
of the election.

10
    Under penalties as provided by law pursuant to Section 
11
29-10 of The
Election Code, the undersigned certifies that the 
12
statements set forth
in this application are true and correct.

13

.........................


14

*fill in either (1), (2) or (3).


15

Post office address to which ballot is mailed:


16
.............................................................

17
    However, if application is made for a primary election 
18
ballot, such
application shall designate the name of the 
19
political party with which
the applicant is affiliated.

20
    In lieu of the separate application blanks heretofore 
21
prescribed, the
election authority may adopt a standard 
22
application blank in
substantially the following form for all 
23
categories of absentee voters:

24

APPLICATION FOR


25

ABSENT VOTER'S BALLOT


26
    To be voted at the ....... election in the County of 
 


 






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1
....... and
State of Illinois, in the ...... precinct of the 
2
(1) *township of ......
(2) *City of ...... or (3) *...... ward 
3
in the City of ............

4
    I state that I am a resident of the ...... precinct of the 
5
(1)
*township of ...... (2) *City of ........ or (3) *........ 
6
ward in the
City of ...... residing at .......... in such city 
7
or town in the county
of ...... and State of Illinois; that I 
8
have lived at such address for
...... months last past; that I 
9
am lawfully entitled to vote in such
precinct at a ...... 
10
election to be held therein on ......; and that I
will be 
11
unable to vote in person at the polls of such precinct for the

12
following reasons:

13
(Check One)

14
         I expect to be absent from my county of residence.

15
         I expect to be temporarily absent from the country.

16
         I shall be serving as a judge of election in the

17
         ........ precinct which is not my precinct of

18
         residence.

19
         I shall be observing a religious holiday in

20
         accordance with the tenets of my religion.

21
         I shall be performing official election duties

22
         for an Election Authority ....................,

23
                                   (election authority)

24
         .................... or the State Board of 
25
Elections.

26
         (location)

 


 






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1
         I shall be performing election law enforcement

2
         duties in the employment of ......................,

3
                                    (law enforcement agency)

4
         ................

5
         (location)

6
        I am temporarily abiding in the (1) *township 
7
of
        .... (2) *city of ....in the county of .... 
8
and
        State of .... due to the fact I am a 
9
student
        attending an institution of higher education.

10
        I am physically incapacitated.

11
        Reason(s):

12
        I have been called for jury duty on said day by

13
        ..................

14
        (court jurisdiction)

15
    I hereby make application for an official ballot or ballots 
16
to be
voted by me at such election and agree that I shall 
17
return the ballot or
ballots to the election official issuing 
18
the same in sufficient time for
such official to deliver the 
19
ballot or ballots to the proper polling
place prior to the 
20
closing of the polls on the date of the election.

21
    Under penalties as provided by law pursuant to Section 
22
29-10 of the
Election Code, the undersigned certifies that the 
23
statements set forth
in this application are true and correct.

24

........................


25
*fill in either (1), (2) or (3).
Post office address to which 
26
ballot is mailed:

 


 






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1

........................


2
    Provided, that if application is made for a primary 
3
election, such
application shall designate the name of the 
4
political party with which
applicant is affiliated.

5
(Source: P.A. 86-873; 86-875; 86-1028.)

 
6
    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
7
    Sec. 19-5. It shall be the duty of the election authority 
8
to fold the
ballot or ballots in the manner specified by the 
9
statute for folding
ballots prior to their deposit in the 
10
ballot box, and to enclose such
ballot or ballots in an 
11
envelope unsealed to be furnished by him, which
envelope shall 
12
bear upon the face thereof the name, official title and
post 
13
office address of the election authority, and upon the other 
14
side
if the ballot is to go to an elector who is to be out of 
15
the county on
the day of the election a printed certification 
16
in substantially the
following form:


17
    I state that I am a resident of the .... precinct of the 
18
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
19
the city of
.... residing at .... in such city or town in the 
20
county of .... and
State of Illinois, that I have lived at such 
21
address for .... months
last past; that I am lawfully entitled 
22
to vote in such precinct at the
.... election to be held on 
23
....; and I expect to be absent from the
county of my residence 
24
on the date of such election.


25
*fill in either (1), (2) or (3).


 


 






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1
    I further state that I personally marked the enclosed 
2
ballot in secret.


3
    Under penalties of perjury as provided by law pursuant to 
4
Section 29-10
of The Election Code, the undersigned certifies 
5
that the statements set
forth in this certification are true 
6
and correct.


7

.......................


8
    If the ballot is to go to an elector who is physically 
9
incapacitated
the envelope shall bear upon the back thereof a 
10
certification in
substantially the following form:


11
    I state that I am a resident of the .... precinct of the 
12
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
13
the city of
.... residing at .... in such city or town in the 
14
county of .... and
State of Illinois, that I have lived at such 
15
address for .... months
last past; that I am lawfully entitled 
16
to vote in such precinct at the
.... election to be held on 
17
....; that I shall be physically incapable
of being present at 
18
the polls of such precinct on the date of holding
such 
19
election.


20
*fill in either (1), (2) or (3).


21
    I further state that I personally marked the enclosed 
22
ballot in secret.
If I received assistance in casting my 
23
ballot, I further attest that, due
to physical incapacity, I 
24
marked the enclosed
ballot in secret with the assistance of


25

.................................


26

(Individual rendering assistance)


 


 






HB0263
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1

.................................


2

(Residence Address)


3
    Under penalties of perjury  as provided by law pursuant to 
4
Section 29-10
of The Election Code, the undersigned certifies 
5
that the statements set forth
in this certification are true 
6
and correct.


7

.......................


8
    In the case of a voter who is voting absentee by reason of 
9
physical
incapacity, marking a ballot in secret includes 
10
marking a ballot with the
assistance of another individual, 
11
other than a candidate
whose name appears on the ballot (unless 
12
the voter is the spouse or a
parent, child, brother, or sister 
13
of the candidate),
the voter's employer, an
agent of that 
14
employer or an officer or agent of the voter's union, when
the 
15
voter's physical incapacity necessitates such assistance.


16
    If the ballot is to go to an elector who will be unable to 
17
enter his or her precinct polling place without violating 
18
Section 11-9.3 of the Criminal Code of 1961, the envelope shall 
19
bear upon the back thereof a
certification in substantially the 
20
following form:
21
    I state that I am a resident of the .... precinct of the 
22
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
23
the city of
.... residing at .... in said city or town in the 
24
county of .... and
State of Illinois, that I have lived at such 
25
address for .... months
last past; that I am lawfully entitled 
26
to vote in such precinct at the
.... election to be held on 
 


 






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1
....; that my assigned precinct polling place is in a school 
2
and I will be unable to enter the polling place without 
3
violating Section 11-9.3 of the Criminal Code of 1961.
4
*fill in either (1), (2), or (3).
5
    I further state that I personally marked the enclosed 
6
ballot in secret.
7
    Under penalties of perjury as provided by law pursuant to 
8
Section 29-10
of the Election Code, the undersigned certifies 
9
that the statements set
forth in this certification are true 
10
and correct.
11

......................
12
    If the ballot is to go to an elector who is unable to be 
13
present at
the polls on the date of the election because of the 
14
observance of a
religious holiday, the envelope shall bear upon 
15
the back thereof a
certification in substantially the following 
16
form:


17
    I state that I am a resident of the .... precinct of the 
18
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
19
the city of
.... residing at .... in said city or town in the 
20
county of .... and
State of Illinois, that I have lived at such 
21
address for .... months
last past; that I am lawfully entitled 
22
to vote in such precinct at the
.... election to be held on 
23
....; that I shall be unable to be present
at the polls of such 
24
precinct on the date of holding such election
because of the 
25
tenets of my religion in the observance of a religious
holiday.


26
*fill in either (1), (2) or (3).


 


 






HB0263
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1
    I further state that I personally marked the enclosed 
2
ballot in secret.


3
    Under penalties of perjury as provided by law pursuant to 
4
Section 29-10
of The Election Code, the undersigned certifies 
5
that the statements set
forth in this certification are true 
6
and correct.


7

......................


8
    If the ballot is to go to an elector who is unable to be 
9
present at the
polls on the date of the election because he or 
10
she is confined or detained in
jail pending acquittal or 
11
conviction of a crime, the envelope shall
bear upon the back 
12
thereof a certification in substantially the following form:

13
    I state that I am a resident of the .... precinct of the 
14
(1) *township of
.... (2) *City of.... or (3) *.... ward in the 
15
city of .... residing at .... in
that city or town in the 
16
county of .... and State of Illinois, that I have
lived at such 
17
address for .... months last past; that I am lawfully entitled 
18
to
vote in such precinct at the .... election to be held on 
19
....; that I shall be
unable to be present at the polls of such 
20
precinct on the date of holding such
election because of my 
21
confinement or detention in jail pending
acquittal or 
22
conviction of a crime.

23
*fill in either (1), (2) or (3).

24
    I further state that I personally marked the enclosed 
25
ballot in secret.

26
    Under penalties of perjury as provided by law pursuant to 
 


 






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1
Section 29-10 of
The Election Code, the undersigned certifies 
2
that the statements set forth in
this certification are true 
3
and correct.


4

......................


5
    If the ballot is to go to an elector who is temporarily 
6
abiding outside
the precinct in which he is registered to vote 
7
due to the fact he is a
student attending an institution of 
8
higher education the envelope shall
bear upon the back thereof 
9
a certification in substantially the following form:


10
    I state that I am a resident of the .... precinct of the 
11
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
12
the city of
.... residing at .... in such city or town in the 
13
county of .... and
State of Illinois, that I have lived at such 
14
address for .... months
last past; that I am lawfully entitled 
15
to vote in such precinct at the
.... election to be held on 
16
....; and I expect to be absent from the
precinct of my 
17
residence on the date of such election because I am
temporarily 
18
abiding outside such precinct in the (1) *township of .... (2)

19
*city of .... in the county of .... and State of .... due to the 
20
fact I am
a student attending an institution of higher 
21
education.


22
*fill in either (1), (2) or (3).


23
    I further state that I personally marked the enclosed 
24
ballot in secret.


25
    Under penalties of perjury as provided by law pursuant to 
26
Section 29-10
of The Election Code, the undersigned certifies 
 


 






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1
that the statements set
forth in this certification are true 
2
and correct.


3

.......................


4
    If the election authority adopts the standard absentee 
5
ballot application
blank provided in Section 19-3, the printed 
6
certification on the absentee
ballot envelope shall be in 
7
substantially the following form:


8
    I state that I am a resident of the ...... precinct of the 
9
(1) *township
of.....  (2) *City of ..... or (3) *....... ward 
10
in the city of .......
residing at ..... in said city or town 
11
in the county of ...... and State
of Illinois, that I have 
12
lived at such address for .... months last past;
that I shall 
13
be unable to be present at the polls of such precinct on the

14
date of holding such election for the reason indicated on the 
15
application
for ballot enclosed herein.


16
*fill in either (1), (2) or (3).


17
    I further state that I personally marked the enclosed 
18
ballot in secret.
If I received assistance in casting my 
19
ballot, I further attest that, due
to physical incapacity, I 
20
marked the enclosed
ballot in secret with the assistance of


21

.................................


22

(Individual rendering assistance)


23

.................................


24

(Residence Address)


25
    Under penalties of perjury provided by law pursuant to 
26
Section 29-10 of the
Election
Code, the undersigned certifies 
 


 






HB0263
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1
that the statements set forth in this
certification are true 
2
and correct.


3

.......................


4
    In the case of a voter who is voting absentee by reason of 
5
physical
incapacity, marking a ballot in secret includes 
6
marking a ballot with the
assistance of another individual, 
7
other than a candidate
whose name appears on the ballot (unless 
8
the voter is the spouse or a
parent, child, brother, or sister 
9
of the candidate), the voter's
employer, an
agent of that 
10
employer, or an officer or agent of the voter's union, when
the 
11
voter's physical incapacity necessitates such assistance.


12
    Provided, that if the ballot enclosed is to be voted at a 
13
primary
election, the certification shall designate the name of 
14
the political
party with which the voter is affiliated.


15
    In addition to the above, the election authority shall 
16
provide
printed slips giving full instructions regarding the 
17
manner of marking
and returning the ballot in order that the 
18
same may be counted, and
shall furnish one of such printed 
19
slips to each of such applicants at
the same time the ballot is 
20
delivered to him.
Such instructions shall include the following 
21
statement: "In signing the
certification on the absentee ballot 
22
envelope, you are attesting that you
personally marked this 
23
absentee ballot in secret.  If you are physically
unable to mark 
24
the ballot, a friend or relative may assist you after

25
completing the enclosed affidavit.  Federal and State laws 
26
prohibit a
candidate whose name appears on the ballot (unless 
 


 






HB0263
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1
you
are the spouse or a parent, child, brother, or sister of 
2
the candidate), your
employer, your employer's agent or an 
3
officer or agent of your union
from assisting physically 
4
disabled voters."


5
    In addition to the above, if a ballot to be provided to an 
6
elector
pursuant to this Section contains a public question 
7
described in subsection
(b) of Section 28-6 and the territory 
8
concerning which the question is
to be submitted is not 
9
described on the ballot due to the space limitations
of such 
10
ballot, the election authority shall provide a printed copy of

11
a notice of the public question, which shall include a 
12
description of the
territory in the manner required by Section 
13
16-7.  The notice shall be
furnished to the elector at the same 
14
time the ballot is delivered to the
elector.


15
(Source: P.A. 94-637, eff. 1-1-06.)


 
16
    (10 ILCS 5/19A-10.5  new)
17
    Sec. 19A-10.5. Child sex offenders. If an election 
18
authority designates one or more permanent early voting polling 
19
places under this Article, the election authority must 
20
designate at least one permanent early voting polling place 
21
that a qualified elector who is a child sex offender as defined 
22
in Section 11-9.3 or Section 11-9.4 of the Criminal Code of 
23
1961 may enter without violating Section 11-9.3 or Section 
24
11-9.4 of that Code, respectively.
25
    If an election authority designates one or more temporary 
 


 






HB0263
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1
early voting polling places under this Article, the election 
2
authority must designate at least one temporary early voting 
3
polling place that a qualified elector who is a child sex 
4
offender as defined in Section 11-9.3 or Section 11-9.4 of the 
5
Criminal Code of 1961 may enter without violating Section 
6
11-9.3 or Section 11-9.4 of that Code, respectively.
 
7
    Section 10. The Criminal Code of 1961 is amended  by 
8
changing Section 11-9.3 as follows:
 



9
    (720 ILCS 5/11-9.3)


10
    Sec. 11-9.3. Presence within school zone by child sex

11
offenders prohibited.

12
    (a) It is unlawful for a child sex offender to knowingly be 
13
present in any
school building, on real property comprising any 
14
school, or in any conveyance
owned, leased, or contracted by a 
15
school to transport students to or from
school or a school 
16
related activity when persons under the age of 18 are
present 
17
in the building, on the grounds or in
the conveyance, unless 
18
the offender is a parent or guardian of a student attending the 
19
school and the parent or guardian is: (i) attending a 
20
conference at the school with school personnel to discuss the 
21
progress of his or her child academically or socially, (ii) 
22
participating in child review conferences in which evaluation 
23
and placement decisions may be made with respect to his or her 
24
child regarding special education services, or (iii) attending 
 


 






HB0263
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1
conferences to discuss other student issues concerning his or 
2
her child such as retention and promotion and notifies the 
3
principal of the school of his or her presence at the school or 
4
unless the
offender has permission to be present from the

5
superintendent or the school board or in the case of a private 
6
school from the
principal.  In the case of a public school, if 
7
permission is granted, the
superintendent or school board 
8
president must inform the principal of the
school where the sex 
9
offender will be present.  Notification includes the
nature of 
10
the sex offender's visit and the hours in which the sex 
11
offender will
be present in the school.  The sex offender is 
12
responsible for notifying the
principal's office when he or she 
13
arrives on school property and when he or she
departs from 
14
school property.  If the sex offender is to be present in the

15
vicinity of children, the sex offender has the duty to remain 
16
under the direct
supervision of a school official.  A child sex 
17
offender who violates this
provision is
guilty of a Class 4 
18
felony.

19
    (a-5) It is unlawful for a child sex offender to knowingly 
20
be present within 100 feet of a site posted as a pick-up or 
21
discharge stop for a conveyance owned, leased, or contracted by 
22
a school to transport students to or from school or a school 
23
related activity when one or more persons under the age of 18 
24
are present at the site.

25
    Nothing in this Section shall be construed to infringe upon 
26
the constitutional right of a child sex offender to be present 
 


 






HB0263
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1
in a school building that is used as a polling place for the 
2
purpose of voting.

3
        (1) (Blank; or)


4
        (2) (Blank.)

5
    (b) It is unlawful for a child sex offender to knowingly 
6
loiter within 500 feet of a school building or real property 
7
comprising any school
while persons under the age of 18 are 
8
present in the building or on the
grounds,
unless the offender 
9
is a parent or guardian of a student attending the school and 
10
the parent or guardian is: (i) attending a conference at the 
11
school with school personnel to discuss the progress of his or 
12
her child academically or socially, (ii) participating in child 
13
review conferences in which evaluation and placement decisions 
14
may be made with respect to his or her child regarding special 
15
education services, or (iii) attending conferences to discuss 
16
other student issues concerning his or her child such as 
17
retention and promotion and notifies the principal of the 
18
school of his or her presence at the school or has permission 
19
to be present from the
superintendent or the school board or in 
20
the case of a private school from the
principal.  In the case of 
21
a public school, if permission is granted, the
superintendent 
22
or school board president must inform the principal of the

23
school where the sex offender will be present.  Notification 
24
includes the
nature of the sex offender's visit and the hours 
25
in which the sex offender will
be present in the school.  The 
26
sex offender is responsible for notifying the
principal's 
 


 






HB0263
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1
office when he or she arrives on school property and when he or 
2
she
departs from school property.  If the sex offender is to be 
3
present in the
vicinity of children, the sex offender has the 
4
duty to remain under the direct
supervision of a school 
5
official.  A child sex offender who violates this
provision is

6
guilty of a Class 4 felony.


7
        (1) (Blank; or)


8
        (2) (Blank.)

9
    (b-5) It is unlawful for a child sex offender to knowingly 
10
reside within
500 feet of a school building or the real 
11
property comprising any school that
persons under the age of 18 
12
attend.  Nothing in this subsection (b-5) prohibits
a child sex 
13
offender from residing within 500 feet of a school building or 
14
the
real property comprising any school that persons under 18 
15
attend if the
property is owned by the child sex offender and 
16
was purchased before the
effective date of this amendatory Act 
17
of the 91st General Assembly.

18
    (c) Definitions.  In this Section:


19
        (1) "Child sex offender" means any person who:


20
            (i) has been charged under Illinois law, or any 
21
        substantially similar
federal law
or law of another 
22
        state, with a sex offense set forth in
paragraph (2) of 
23
        this subsection (c) or the attempt to commit an 
24
        included sex
offense, and:


25
                (A) is convicted of such offense or an attempt 
26
            to commit such offense;
or


 


 






HB0263
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1
                (B) is found not guilty by reason of insanity 
2
            of such offense or an
attempt to commit such 
3
            offense; or


4
                (C) is found not guilty by reason of insanity 
5
            pursuant to subsection
(c) of Section 104-25 of the 
6
            Code of Criminal Procedure of 1963 of such offense

7
            or an attempt to commit such offense; or


8
                (D) is the subject of a finding not resulting 
9
            in an acquittal at a
hearing conducted pursuant to 
10
            subsection (a) of Section 104-25 of the Code of

11
            Criminal Procedure of 1963 for the alleged 
12
            commission or attempted commission
of such 
13
            offense; or


14
                (E) is found not guilty by reason of insanity 
15
            following a hearing
conducted pursuant to a 
16
            federal law or the law of another state 
17
            substantially
similar to subsection (c) of Section 
18
            104-25 of the Code of Criminal Procedure
of 1963 of 
19
            such offense or of the attempted commission of such 
20
            offense; or


21
                (F) is the subject of a finding not resulting 
22
            in an acquittal at a
hearing
conducted pursuant to 
23
            a federal law or the law of another state 
24
            substantially
similar to subsection (a) of Section 
25
            104-25 of the Code of Criminal Procedure
of 1963 
26
            for the alleged violation or attempted commission 
 


 






HB0263
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1
            of such offense; or


2
            (ii) is certified as a sexually dangerous person 
3
        pursuant to the
Illinois
Sexually Dangerous Persons 
4
        Act, or any substantially similar federal
law or the 
5
        law of another state, when any conduct giving rise to 
6
        such
certification is committed or attempted against a 
7
        person less than 18 years of
age; or


8
            (iii) is subject to the provisions of Section 2 of 
9
        the Interstate
Agreements on Sexually Dangerous 
10
        Persons Act.


11
        Convictions that result from or are connected with the 
12
    same act, or result
from offenses committed at the same 
13
    time, shall be counted for the purpose of
this Section as 
14
    one conviction.  Any conviction set aside pursuant to law is

15
    not a conviction for purposes of this Section.


16
        (2) Except as otherwise provided in paragraph (2.5), 
17
    "sex offense"
means:


18
            (i) A violation of any of the following Sections of 
19
        the Criminal Code of
1961: 10-7 (aiding and abetting 
20
        child abduction under Section 10-5(b)(10)),

21
        10-5(b)(10) (child luring), 11-6 (indecent 
22
        solicitation of a child), 11-6.5
(indecent 
23
        solicitation of an adult),
11-9 (public indecency when 
24
        committed in a school, on the real property
comprising 
25
        a school, or on a conveyance, owned, leased, or 
26
        contracted by a
school to transport students to or from 
 


 






HB0263
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1
        school or a school related activity),
11-9.1 (sexual 
2
        exploitation of a child), 11-15.1 (soliciting for a 
3
        juvenile
prostitute), 11-17.1 (keeping a place of 
4
        juvenile prostitution), 11-18.1
(patronizing a 
5
        juvenile prostitute), 11-19.1 (juvenile pimping),

6
        11-19.2 (exploitation of a child), 11-20.1 (child 
7
        pornography), 11-21 (harmful
material), 12-14.1

8
        (predatory criminal sexual assault of a child), 12-33 
9
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
10
        that offense was committed in any school, on
real 
11
        property comprising any school, in any conveyance 
12
        owned,
leased, or contracted by a school to transport 
13
        students to or from school or a
school related 
14
        activity).  An attempt to commit any of these offenses.


15
            (ii) A violation of any of the following Sections 
16
        of the Criminal Code
of 1961, when the victim is a 
17
        person under 18 years of age: 12-13 (criminal
sexual 
18
        assault), 12-14 (aggravated criminal sexual assault), 
19
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
20
        criminal sexual abuse).  An attempt to commit
any of 
21
        these offenses.


22
            (iii) A violation of any of the following Sections 
23
        of the Criminal Code
of 1961, when the victim is a 
24
        person under 18 years of age and the defendant is
not a 
25
        parent of the victim:


26
            10-1 (kidnapping),


 


 






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LRB095 04803 JAM 24863 b




1
            10-2 (aggravated kidnapping),


2
            10-3 (unlawful restraint),


3
            10-3.1 (aggravated unlawful restraint).


4
            An attempt to commit any of these offenses.


5
            (iv) A violation of any former law of this State 
6
        substantially
equivalent to any offense listed in 
7
        clause (2)(i) of subsection (c) of this
Section.


8
        (2.5) For the purposes of subsection (b-5) only, a sex 
9
    offense means:


10
            (i) A violation of any of the following Sections of 
11
        the Criminal Code of
1961:


12
                10-5(b)(10) (child luring), 10-7 (aiding and 
13
            abetting child abduction
under Section 
14
            10-5(b)(10)), 11-6 (indecent solicitation of
a

15
            child), 11-6.5 (indecent solicitation of an 
16
            adult), 11-15.1 (soliciting for a
juvenile

17
            prostitute), 11-17.1 (keeping a place of juvenile 
18
            prostitution), 11-18.1
(patronizing a juvenile 
19
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
20
            (exploitation of a child), 11-20.1 (child 
21
            pornography), 12-14.1
(predatory criminal sexual 
22
            assault of a child), or 12-33 (ritualized abuse of 
23
            a
child).  An attempt
to commit any of
these 
24
            offenses.


25
            (ii) A violation of any of the following Sections 
26
        of the Criminal Code
of 1961, when the victim is a 
 


 






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1
        person under 18 years of age: 12-13 (criminal
sexual 
2
        assault), 12-14 (aggravated criminal sexual assault),

3
        12-16 (aggravated criminal sexual abuse), and 
4
        subsection (a) of Section 12-15
(criminal sexual 
5
        abuse).  An attempt to commit
any of these offenses.


6
            (iii) A violation of any of the following Sections 
7
        of the Criminal Code
of 1961, when the victim is a 
8
        person under 18 years of age and the defendant is
not a 
9
        parent of the victim:


10
            10-1 (kidnapping),


11
            10-2 (aggravated kidnapping),


12
            10-3 (unlawful restraint),


13
            10-3.1 (aggravated unlawful restraint).


14
            An attempt to commit any of these offenses.


15
            (iv) A violation of any former law of this State 
16
        substantially
equivalent to any offense listed in this 
17
        paragraph (2.5) of
this subsection.


18
        (3) A conviction for an offense of federal law or the 
19
    law of another state
that is substantially equivalent to 
20
    any offense listed in paragraph (2) of
subsection (c) of 
21
    this Section shall constitute a conviction for the purpose 
22
    of
this Article.  A finding or adjudication as a sexually 
23
    dangerous person under
any federal law or law of another 
24
    state that is substantially equivalent to the
Sexually 
25
    Dangerous Persons Act shall constitute an adjudication for 
26
    the
purposes of this Section.


 


 






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1
        (4) "School" means a public or private
pre-school, 
2
    elementary, or secondary school.


3
        (5) "Loiter" means:


4
            (i) Standing, sitting idly, whether or not the 
5
        person is in a vehicle or
remaining in or around school 
6
        property.


7
            (ii) Standing, sitting idly, whether or not the 
8
        person is in a vehicle
or remaining in or around school 
9
        property, for the purpose of committing or
attempting 
10
        to commit a sex offense.

11
            (iii) Entering or remaining in a building in or 
12
        around school property, other than the offender's 
13
        residence.

14
        (6) "School official"
means the principal, a teacher, 
15
    or any other certified employee of the
school, the 
16
    superintendent of schools or a member of the school board.

17
    (d) Sentence.  A person who violates this Section is guilty 
18
of a Class 4
felony.

19
(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; 
20
94-170, eff. 7-11-05; revised 9-15-06.)


 

21
    Section 99. Effective date. This Act takes effect upon 
22
becoming law.