Full Text of SB0593 102nd General Assembly
SB0593enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be | 9 | | exempt from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other | 19 | | records prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a | 21 | | local emergency energy plan ordinance that is adopted | 22 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by carriers | 25 | | under the Emergency Telephone System Act. | 26 | | (k) Law enforcement officer identification information |
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| 1 | | or driver identification information compiled by a law | 2 | | enforcement agency or the Department of Transportation | 3 | | under Section 11-212 of the Illinois Vehicle Code. | 4 | | (l) Records and information provided to a residential | 5 | | health care facility resident sexual assault and death | 6 | | review team or the Executive Council under the Abuse | 7 | | Prevention Review Team Act. | 8 | | (m) Information provided to the predatory lending | 9 | | database created pursuant to Article 3 of the Residential | 10 | | Real Property Disclosure Act, except to the extent | 11 | | authorized under that Article. | 12 | | (n) Defense budgets and petitions for certification of | 13 | | compensation and expenses for court appointed trial | 14 | | counsel as provided under Sections 10 and 15 of the | 15 | | Capital Crimes Litigation Act. This subsection (n) shall | 16 | | apply until the conclusion of the trial of the case, even | 17 | | if the prosecution chooses not to pursue the death penalty | 18 | | prior to trial or sentencing. | 19 | | (o) Information that is prohibited from being | 20 | | disclosed under Section 4 of the Illinois Health and | 21 | | Hazardous Substances Registry Act. | 22 | | (p) Security portions of system safety program plans, | 23 | | investigation reports, surveys, schedules, lists, data, or | 24 | | information compiled, collected, or prepared by or for the | 25 | | Regional Transportation Authority under Section 2.11 of | 26 | | the Regional Transportation Authority Act or the St. Clair |
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| 1 | | County Transit District under the Bi-State Transit Safety | 2 | | Act. | 3 | | (q) Information prohibited from being disclosed by the | 4 | | Personnel Record Review Act. | 5 | | (r) Information prohibited from being disclosed by the | 6 | | Illinois School Student Records Act. | 7 | | (s) Information the disclosure of which is restricted | 8 | | under Section 5-108 of the Public Utilities Act.
| 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, 19-4, 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.
| 2 | | (d) Contents of the voter registration form. The State | 3 | | Board shall create
a voter registration form, which must | 4 | | contain the following content:
| 5 | | (1) Instructions for completing the form.
| 6 | | (2) A summary of the qualifications to register to | 7 | | vote in Illinois.
| 8 | | (3) Instructions for mailing in or submitting the form | 9 | | in person.
| 10 | | (4) The phone number for the State Board of Elections | 11 | | should a person
submitting the form have questions.
| 12 | | (5) A box for the person to check that explains one of | 13 | | 3 reasons for
submitting the form:
| 14 | | (a) new registration;
| 15 | | (b) change of address; or
| 16 | | (c) change of name.
| 17 | | (6) a box for the person to check yes or no that asks, | 18 | | "Are you a citizen
of the United States?", a box for the | 19 | | person to check yes or no that asks,
"Will you be 18 years | 20 | | of age on or before election day?", and a statement of
"If | 21 | | you checked 'no' in response to either of these questions, | 22 | | then do not
complete this form.".
| 23 | | (7) A space for the person to fill in his or her home | 24 | | telephone
number.
| 25 | | (8) Spaces for the person to fill in his or her first, | 26 | | middle, and last
names, street address (principal place of |
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| 1 | | residence), county, city, state, and
zip code.
| 2 | | (9) Spaces for the person to fill in his or her mailing | 3 | | address, city,
state, and zip code if different from his | 4 | | or her principal place of residence.
| 5 | | (10) A space for the person to fill in his or her | 6 | | Illinois driver's
license number if the person has a | 7 | | driver's license.
| 8 | | (11) A space for a person without a driver's license | 9 | | to fill in the last
four digits of his or her social | 10 | | security number if the person has a social
security | 11 | | number.
| 12 | | (12) A space for a person without an Illinois driver's | 13 | | license to fill in
his or her identification number from | 14 | | his or her State Identification card
issued by the | 15 | | Secretary of State.
| 16 | | (13) A space for the person to fill the name appearing | 17 | | on his or her last
voter registration, the street address | 18 | | of his or her last registration,
including the city, | 19 | | county, state, and zip code.
| 20 | | (14) A space where the person swears or affirms the | 21 | | following under
penalty of perjury with his or her | 22 | | signature:
| 23 | | (a) "I am a citizen of the United States.";
| 24 | | (b) "I will be at least 18 years old on or before | 25 | | the next election.";
| 26 | | (c) "I will have lived in the State of Illinois and |
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| 1 | | in my election
precinct at least 30 days as of the date | 2 | | of the next election."; and
| 3 | | (d) "The information I have provided is true to | 4 | | the best of my knowledge
under penalty of perjury. If I | 5 | | have provided false information, then I may be
fined, | 6 | | imprisoned, or, if I am not a U.S. citizen, deported | 7 | | from or refused
entry into the United States.".
| 8 | | (15) A space for the person to fill in his or her | 9 | | e-mail address if he or she chooses to provide that | 10 | | information. | 11 | | (d-5) Compliance with federal law; rulemaking authority. | 12 | | The voter
registration
form described in this Section shall be | 13 | | consistent with the form prescribed by
the
Federal
Election | 14 | | Commission under the National Voter Registration Act of 1993,
| 15 | | P.L. 103-31, as amended from time to time, and the Help America | 16 | | Vote Act of
2002, P.L. 107-252, in all relevant respects. The | 17 | | State Board of Elections
shall periodically update the form | 18 | | based on changes to federal or State law.
The State Board of | 19 | | Elections shall promulgate any rules necessary for the
| 20 | | implementation of this Section; provided that the rules
| 21 | | comport with the letter and spirit of the National Voter | 22 | | Registration Act of
1993 and Help America Vote Act of 2002 and | 23 | | maximize the opportunity for a
person to register to vote.
| 24 | | (e) Forms available in paper form. The State Board of | 25 | | Elections shall make
the voter registration form available in | 26 | | regular paper stock and form in
sufficient quantities for the |
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| 1 | | general public. The State Board of Elections may
provide the | 2 | | voter registration form to the Secretary of State, county
| 3 | | clerks, boards of election commissioners, designated agencies | 4 | | of the State of
Illinois, and any other person or entity | 5 | | designated to have these forms by this Code in regular paper | 6 | | stock and form or some other format deemed
suitable by the | 7 | | Board. Each county clerk or board of election commissioners | 8 | | has
the authority to design and print its own voter | 9 | | registration form so long as
the form complies with the | 10 | | requirements of this Section. The State Board
of Elections, | 11 | | county clerks, boards of election commissioners, or other
| 12 | | designated agencies of the State of Illinois required to have | 13 | | these forms under this
Code shall provide a member of the | 14 | | public with any reasonable
number of forms
that he or she may | 15 | | request. Nothing in this Section shall permit the State
Board | 16 | | of
Elections, county clerk, board of election commissioners, | 17 | | or other appropriate
election official who may accept a voter | 18 | | registration form to refuse to accept
a voter registration | 19 | | form because the form is printed on photocopier or regular
| 20 | | paper
stock and form.
| 21 | | (f) (Blank).
| 22 | | (Source: P.A. 100-863, eff. 8-14-18.)
| 23 | | (10 ILCS 5/19-1) (from Ch. 46, par. 19-1) | 24 | | Sec. 19-1. Any qualified elector of the State of Illinois | 25 | | having
duly registered where such registration is required may |
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| 1 | | vote at such
election as hereinafter in this Article provided.
| 2 | | Notwithstanding any law to the contrary, this Article extends | 3 | | to a certified program participant under the Address | 4 | | Confidentiality for Victims of Domestic Violence, Sexual | 5 | | Assault, Human Trafficking, or Stalking Act.
| 6 | | For purposes of this Article 19, a physically | 7 | | incapacitated voter marks
his or her ballot "personally" when | 8 | | the voter exercises his or her physical
abilities to their | 9 | | reasonable limit in marking the ballot, and marking
personally | 10 | | may include instructing the person assisting the incapacitated
| 11 | | voter when giving such instruction represents the reasonable | 12 | | limit of the
physical abilities.
| 13 | | (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
| 14 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| 15 | | Sec. 19-4. Mailing or delivery of ballots; time. | 16 | | Immediately upon
the receipt of such application either by | 17 | | mail or electronic means, not more than 90 days
nor less than 5 | 18 | | days prior to such election, or by personal delivery not
more | 19 | | than 90 days nor less than one day prior to such election, at | 20 | | the
office of such election authority, it shall be the duty of | 21 | | such election
authority to examine the records to ascertain | 22 | | whether or not such
applicant is lawfully entitled to vote as
| 23 | | requested, including a verification of the applicant's | 24 | | signature by comparison with the signature on the official | 25 | | registration record card, and if found so to be entitled to |
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| 1 | | vote, to post within one business day thereafter
the name, | 2 | | street address,
ward and precinct number or township and | 3 | | district number, as the case may be,
of such applicant given on | 4 | | a list, the pages of which are to be numbered
consecutively to | 5 | | be kept by such election authority for such purpose in a
| 6 | | conspicuous, open and public place accessible to the public at | 7 | | the entrance of
the office of such election authority, and in | 8 | | such a manner that such list may
be viewed without necessity of | 9 | | requesting permission therefor. Within one
day after posting | 10 | | the name and other information of an applicant for a vote by | 11 | | mail
ballot, the election authority shall transmit by | 12 | | electronic means pursuant to a process established by the | 13 | | State Board of Elections that name and other
posted | 14 | | information to the State Board of Elections, which shall | 15 | | maintain those
names and other information in an electronic | 16 | | format on its website, arranged by
county and accessible to | 17 | | State and local political committees. Within 2
business days | 18 | | after posting a name and other information on the list within
| 19 | | its
office, but no sooner than 40 days before an election, the | 20 | | election authority shall mail,
postage prepaid, or deliver in | 21 | | person in such office an official ballot
or ballots if more | 22 | | than one are to be voted at said election. Mail delivery
of | 23 | | Temporarily Absent Student ballot applications pursuant to | 24 | | Section
19-12.3 shall be by nonforwardable mail. However,
for | 25 | | the consolidated election, vote by mail ballots for certain | 26 | | precincts may
be delivered to applicants not less than 25 days |
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| 1 | | before the election if
so much time is required to have | 2 | | prepared and printed the ballots containing
the names of | 3 | | persons nominated for offices at the consolidated primary.
The | 4 | | election authority shall enclose with each vote by mail ballot | 5 | | or
application written instructions on how voting assistance | 6 | | shall be provided
pursuant to Section 17-14 and a document, | 7 | | written and approved by the State
Board of Elections, | 8 | | informing the vote by mail voter of the required postage for | 9 | | returning the application and ballot, and
enumerating
the | 10 | | circumstances under which a person is authorized to vote by | 11 | | vote by mail
ballot pursuant to this Article; such document | 12 | | shall also include a
statement informing the applicant that if | 13 | | he or she falsifies or is
solicited by another to falsify his | 14 | | or her
eligibility to cast a vote by mail ballot, such | 15 | | applicant or other is subject
to
penalties pursuant to Section | 16 | | 29-10 and Section 29-20 of the Election Code.
Each election | 17 | | authority shall maintain a list of the name, street address,
| 18 | | ward and
precinct, or township and district number, as the | 19 | | case may be, of all
applicants who have returned vote by mail | 20 | | ballots to such authority, and the name of such vote by mail | 21 | | voter shall be added to such list
within one business day from | 22 | | receipt of such ballot.
If the vote by mail ballot envelope | 23 | | indicates that the voter was assisted in
casting the ballot, | 24 | | the name of the person so assisting shall be included on
the | 25 | | list. The list, the pages of which are to be numbered | 26 | | consecutively,
shall be kept by each election authority in a |
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| 1 | | conspicuous, open, and public
place accessible to the public | 2 | | at the entrance of the office of the election
authority and in | 3 | | a manner that the list may be viewed without necessity of
| 4 | | requesting permission for viewing.
| 5 | | Each election authority shall maintain a list for each | 6 | | election
of the
voters to whom it has issued vote by mail | 7 | | ballots. The list shall be
maintained for each precinct within | 8 | | the jurisdiction of the election
authority. Prior to the | 9 | | opening of the polls on election day, the
election authority | 10 | | shall deliver to the judges of election in each
precinct the | 11 | | list of registered voters in that precinct to whom vote by mail
| 12 | | ballots have been issued by mail.
| 13 | | Each election authority shall maintain a list for each | 14 | | election of
voters to whom it has issued temporarily absent | 15 | | student ballots. The list
shall be maintained for each | 16 | | election jurisdiction within which such voters
temporarily | 17 | | abide. Immediately after the close of the period during which
| 18 | | application may be made by mail or electronic means for vote by | 19 | | mail ballots, each election
authority shall mail to each other | 20 | | election authority within the State a
certified list of all | 21 | | such voters temporarily abiding within the
jurisdiction of the | 22 | | other election authority.
| 23 | | In the event that the return address of an
application for | 24 | | ballot by a physically incapacitated elector
is that of a | 25 | | facility licensed or certified under the Nursing Home Care
| 26 | | Act, the Specialized Mental Health Rehabilitation Act of 2013, |
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| 1 | | the ID/DD Community Care Act, or the MC/DD Act, within the | 2 | | jurisdiction of the election authority, and the applicant
is a | 3 | | registered voter in the precinct in which such facility is | 4 | | located,
the ballots shall be prepared and transmitted to a | 5 | | responsible judge of
election no later than 9 a.m. on the | 6 | | Friday, Saturday, Sunday, or Monday immediately
preceding the | 7 | | election as designated by the election authority under
Section | 8 | | 19-12.2. Such judge shall deliver in person on the designated | 9 | | day
the ballot to the applicant on the premises of the facility | 10 | | from which
application was made. The election authority shall | 11 | | by mail notify the
applicant in such facility that the ballot | 12 | | will be delivered by a judge of
election on the designated day.
| 13 | | All applications for vote by mail ballots shall be | 14 | | available at the office
of the election authority for public | 15 | | inspection upon request from the
time of receipt thereof by | 16 | | the election authority until 30 days after the
election, | 17 | | except during the time such applications are kept in the
| 18 | | office of the election authority pursuant to Section 19-7, and | 19 | | except during
the time such applications are in the possession | 20 | | of the judges of election.
| 21 | | Notwithstanding any provision of this Section to the | 22 | | contrary, pursuant to subsection (a) of Section 30 of the | 23 | | Address Confidentiality for Victims of Domestic Violence, | 24 | | Sexual Assault, Human Trafficking, or Stalking Act, neither | 25 | | the name nor the address of a program participant under that | 26 | | Act shall be included in any list of registered voters |
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| 1 | | available to the public, including the lists referenced in | 2 | | this Section. | 3 | | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | 4 | | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | 5 | | 7-29-15; 99-522, eff. 6-30-16.)
| 6 | | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| 7 | | Sec. 20-3.
The election authority shall furnish the | 8 | | following
applications for registration by mail or vote by | 9 | | mail ballot which shall be
considered a method of application | 10 | | in lieu of the official postcard.
| 11 | | 1. Members of the United States Service and , citizens of | 12 | | the United
States temporarily residing outside the territorial | 13 | | limits of the United
States , and certified program | 14 | | participants under the Address Confidentiality
for Victims of | 15 | | Domestic Violence, Sexual Assault, or Stalking Act may make | 16 | | application within the periods
prescribed in Sections
20-2 or | 17 | | 20-2.1, as the case may be. Such application shall be
| 18 | | substantially in the following form:
| 19 | | "APPLICATION FOR BALLOT
| 20 | | To be voted at the ............ election in the precinct | 21 | | in which is
located my residence at ..............., in the | 22 | | city/village/township of
............(insert home address) | 23 | | County of ........... and State of
Illinois.
| 24 | | I state that I am a citizen of the United States; that on | 25 | | (insert
date of election) I shall have resided in the State of |
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| 1 | | Illinois and in
the election precinct for 30 days; that on the | 2 | | above date I shall be the
age of 18 years or above; that I am | 3 | | lawfully entitled to vote in such
precinct at that election; | 4 | | that I am (check category 1, 2, or 3
below):
| 5 | | 1. ( ) a member of the United States Service,
| 6 | | 2. ( ) a citizen of the United States temporarily | 7 | | residing outside
the territorial limits of the United States | 8 | | and that I expect to be
absent from the said county of my | 9 | | residence on the date of holding such
election, and that I will | 10 | | have no opportunity to vote in person on that
day.
| 11 | | 3. ( ) a certified program participant under the Address
| 12 | | Confidentiality for Victims of Domestic Violence, Sexual | 13 | | Assault, or Stalking Act.
| 14 | | I hereby make application for an official ballot or | 15 | | ballots to be
voted by me at such election if I am absent from | 16 | | the said county of my
residence, and I agree that I shall | 17 | | return said ballot or ballots to the
election authority | 18 | | postmarked no later than election day, for counting no later | 19 | | than during the period for counting provisional ballots, the | 20 | | last day of which is the 14th day following election day or | 21 | | shall destroy said ballot or ballots.
| 22 | | (Check below only if category 2 or 3 and not previously | 23 | | registered)
| 24 | | ( ) I hereby make application to become registered as a | 25 | | voter and
agree to return the forms and affidavits for | 26 | | registration to the
election authority not later than 30 days |
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| 1 | | before the election.
| 2 | | Under penalties as provided by law pursuant to Article 29 | 3 | | of the
Election Code, the undersigned certifies that the | 4 | | statements set forth
in this application are true and correct.
| 5 | | .........................
| 6 | | Post office address or service address to which | 7 | | registration
materials or ballot should be mailed
| 8 | | .........................
| 9 | | .........................
| 10 | | .........................
| 11 | | ........................"
| 12 | | If application is made for a primary election ballot, such
| 13 | | application shall designate the name of the political party | 14 | | with which
the applicant is affiliated.
| 15 | | Such applications may be obtained from the election | 16 | | authority having
jurisdiction over the person's precinct of | 17 | | residence.
| 18 | | 2. A spouse or dependent of a member of the United States | 19 | | Service,
said spouse or dependent being a registered voter in | 20 | | the county, may
make application on behalf of said person in | 21 | | the office of the election
authority within the periods | 22 | | prescribed in Section 20-2 which shall be
substantially in the | 23 | | following form:
| 24 | | "APPLICATION FOR BALLOT to be voted at the........... election | 25 | | in
the precinct in which is located the residence of the person | 26 | | for whom
this application is made at.............(insert |
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| 1 | | residence address) in
the city/village/township of......... | 2 | | County of.......... and State
of Illinois.
| 3 | | I certify that the following named person................ | 4 | | (insert
name of person) is a member of the United States | 5 | | Service.
| 6 | | I state that said person is a citizen of the United States; | 7 | | that on
(insert date of election) said person shall have | 8 | | resided in the State of
Illinois and in the election precinct | 9 | | for which this application is made
for 30 days; that on the | 10 | | above date said person shall be the age of 18
years or above; | 11 | | that said person is lawfully entitled to vote in such
precinct | 12 | | at that election; that said person is a member of the United
| 13 | | States Service, and that in the course of his duties said | 14 | | person expects
to be absent from his county of residence on the | 15 | | date of holding such
election, and that said person will have | 16 | | no opportunity to vote in
person on that day.
| 17 | | I hereby make application for an official ballot or | 18 | | ballots to be
voted by said person at such election and said | 19 | | person agrees that he
shall return said ballot or ballots to | 20 | | the election authority postmarked no later than election day, | 21 | | for counting no later than during the period for counting | 22 | | provisional ballots, the last day of which is the 14th day | 23 | | following election day, or shall destroy
said ballot or | 24 | | ballots.
| 25 | | I hereby certify that I am the (mother, father, sister, | 26 | | brother,
husband or wife) of the said elector, and that I am a |
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| 1 | | registered voter
in the election precinct for which this | 2 | | application is made. (Strike all
but one that is applicable.)
| 3 | | Under penalties as provided by law pursuant to Article 29 | 4 | | of The
Election Code, the undersigned certifies that the | 5 | | statements set forth
in this application are true and correct.
| 6 | | Name of applicant ......................
| 7 | | Residence address ........................
| 8 | | City/village/township........................
| 9 | | Service address to which ballot should be mailed:
| 10 | | .........................
| 11 | | .........................
| 12 | | .........................
| 13 | | ........................"
| 14 | | If application is made for a primary election ballot, such
| 15 | | application shall designate the name of the political party | 16 | | with which
the person for whom application is made is | 17 | | affiliated.
| 18 | | Such applications may be obtained from the election | 19 | | authority having
jurisdiction over the voting precinct in | 20 | | which the person for whom
application is made is entitled to | 21 | | vote.
| 22 | | (Source: P.A. 101-270, eff. 1-1-21 .)
| 23 | | Section 15. The Address Confidentiality for Victims of | 24 | | Domestic Violence, Sexual Assault, or Stalking Act is amended | 25 | | by changing Sections 1, 5, 10, 11, 15, 30, 35, and 40 as |
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| 1 | | follows:
| 2 | | (750 ILCS 61/1)
| 3 | | Sec. 1. Short title. This Act may be cited as the Address | 4 | | Confidentiality for Victims of Domestic Violence, Sexual | 5 | | Assault, Human Trafficking, or Stalking Act.
| 6 | | (Source: P.A. 101-270, eff. 1-1-21 .)
| 7 | | (750 ILCS 61/5)
| 8 | | Sec. 5. Legislative findings. The General Assembly finds | 9 | | that persons attempting to escape from actual or
threatened | 10 | | domestic violence, sexual assault, human trafficking, or | 11 | | stalking frequently establish new addresses in order to
| 12 | | prevent their assailants or probable assailants from finding | 13 | | them. The
purpose of this Act is to enable State and local | 14 | | agencies to respond to
requests for public records without | 15 | | disclosing the location of a victim of
domestic violence, | 16 | | sexual assault, human trafficking, or stalking, to enable | 17 | | interagency cooperation with the Attorney
General in providing | 18 | | address confidentiality for victims of domestic
violence, | 19 | | sexual assault, human trafficking, or stalking, and to enable | 20 | | State and local agencies to accept a program
participant's use | 21 | | of an address designated by the Attorney General as a
| 22 | | substitute mailing address.
| 23 | | (Source: P.A. 101-270, eff. 1-1-21 .)
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| 1 | | (750 ILCS 61/10)
| 2 | | Sec. 10. Definitions. In this Act, unless the context | 3 | | otherwise
requires:
| 4 | | "Address" means a residential street address, school | 5 | | address, or
work address of an individual, as specified on the | 6 | | individual's application
to be a program participant under | 7 | | this Act.
| 8 | | "Program participant" means a person certified as a | 9 | | program
participant under this Act.
| 10 | | "Domestic violence" has the same meaning as in the | 11 | | Illinois Domestic Violence
Act of 1986 and
includes a threat | 12 | | of domestic violence against an individual in a
domestic | 13 | | situation, regardless of whether the domestic violence or | 14 | | threat has
been
reported to law enforcement officers.
| 15 | | "Human trafficking" means the practices set forth in | 16 | | subsection (b), (c), or (d) of Section 10-9 of the Criminal | 17 | | Code of 2012, regardless of whether the victim has reported | 18 | | the trafficking to law enforcement officers. | 19 | | "Sexual assault" has the same meaning as sexual conduct or | 20 | | sexual penetration as defined in the Civil No Contact Order | 21 | | Act. "Sexual assault" includes a threat of sexual assault, | 22 | | regardless of whether the sexual assault or threat has been | 23 | | reported to law enforcement officers. | 24 | | "Stalking" has the same meaning as in the Stalking No | 25 | | Contact Order Act. "Stalking" includes a threat of stalking, | 26 | | regardless of whether the stalking or threat has been reported |
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| 1 | | to law enforcement officers. | 2 | | (Source: P.A. 101-270, eff. 1-1-21 .)
| 3 | | (750 ILCS 61/11)
| 4 | | Sec. 11. Address confidentiality program; administration. | 5 | | Subject to
appropriations for the purposes of this Act, the | 6 | | Attorney General shall
administer an address confidentiality | 7 | | program for victims of domestic violence, sexual assault, | 8 | | human trafficking, or stalking.
| 9 | | (Source: P.A. 101-270, eff. 1-1-21 .)
| 10 | | (750 ILCS 61/15)
| 11 | | Sec. 15. Address confidentiality
program; application; | 12 | | certification. | 13 | | (a) An adult person, a parent or guardian acting on behalf | 14 | | of a
minor, or a guardian acting on behalf of a person with a | 15 | | disability, as
defined in Article 11a of the Probate Act of | 16 | | 1975, may apply to the Attorney
General to have an
address | 17 | | designated by the Attorney General serve as the person's | 18 | | address
or the address of the minor or person with a | 19 | | disability. The Attorney General
shall approve an application | 20 | | if it is filed in the manner and on the form
prescribed by him | 21 | | or her and if it contains:
| 22 | | (1) a sworn statement by the applicant that the | 23 | | applicant has good
reason to believe (i) that the | 24 | | applicant, or the minor or person with a disability on |
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| 1 | | whose behalf the application is made, is a victim of | 2 | | domestic
violence, sexual assault, human trafficking, or | 3 | | stalking; and (ii) that the applicant fears for his or her | 4 | | safety or his or
her children's safety, or the safety of | 5 | | the minor or person with a disability
on whose behalf the | 6 | | application is made;
| 7 | | (2) a designation of the Attorney General as agent for | 8 | | purposes of
service of process and receipt of mail;
| 9 | | (3) a State the mailing address where the applicant | 10 | | can be contacted by the
Attorney General, and the phone | 11 | | number or numbers where the applicant
can be called by the | 12 | | Attorney General;
| 13 | | (3.5) proof of a State residential street address | 14 | | where the applicant resides or a signed statement | 15 | | affirming the applicant's status as homeless in this | 16 | | State; | 17 | | (4) the new address or addresses that the applicant | 18 | | requests not be
disclosed for the reason that disclosure | 19 | | will increase the risk of domestic
violence, sexual | 20 | | assault, human trafficking, or stalking; and
| 21 | | (5) the signature of the applicant and of any | 22 | | individual or
representative of any office designated in | 23 | | writing under Section 40 of this Act
who
assisted in the | 24 | | preparation of the application, and the date on which the
| 25 | | applicant signed the application.
| 26 | | (b) Applications shall be filed with the office of the |
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| 1 | | Attorney General.
| 2 | | (c) Upon filing a properly completed application, the | 3 | | Attorney General shall
certify the applicant as a program | 4 | | participant. Applicants
shall be certified for 4 years | 5 | | following the date of filing unless the
certification is | 6 | | withdrawn or invalidated before that date. The Attorney
| 7 | | General shall by rule establish a renewal procedure.
| 8 | | (d) A person who falsely attests in an application that | 9 | | disclosure
of the applicant's address would endanger the | 10 | | applicant's safety or the
safety of the applicant's children | 11 | | or the minor or incapacitated person on
whose behalf the | 12 | | application is made, or who knowingly provides false or
| 13 | | incorrect information upon making an application, is guilty of | 14 | | a Class 3
felony.
| 15 | | (Source: P.A. 101-270, eff. 1-1-21 .)
| 16 | | (750 ILCS 61/30)
| 17 | | Sec. 30.
Voting by program participant; use of designated
| 18 | | address by election authority.
| 19 | | (a) A program participant who is otherwise qualified to | 20 | | vote may
register apply to vote by submitting an Illinois | 21 | | Address Confidentiality Program Voter Registration Application | 22 | | created by the State Board of Elections to the appropriate | 23 | | election authority under Article 20 of the Election Code. The | 24 | | program participant
shall automatically receive absentee | 25 | | ballots for all elections in the
jurisdictions for which that |
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| 1 | | individual resides in the same manner as
absentee voters who | 2 | | qualify under Article 20 of the Election Code .
The State Board | 3 | | of Elections Attorney General shall adopt rules to ensure the | 4 | | integrity of the voting
process and the confidentiality of the | 5 | | program participant.
Upon request, the The election authority | 6 | | shall transmit the vote by mail absentee ballot to
the program | 7 | | participant at the address designated by the participant in | 8 | | his
or her application. Neither the name nor the address of
a | 9 | | program participant shall be included in any list of | 10 | | registered voters
available to the public.
| 11 | | (b) The election authority may not make the participant's | 12 | | address
contained in voter registration records available for | 13 | | public inspection or
copying except under the following | 14 | | circumstances:
| 15 | | (1) if requested by a law enforcement agency, to the | 16 | | law enforcement
agency; and
| 17 | | (2) if directed by a court order, to a person | 18 | | identified in the
order.
| 19 | | (Source: P.A. 91-494, eff. 1-1-00.)
| 20 | | (750 ILCS 61/35)
| 21 | | Sec. 35. Disclosure of address prohibited; exceptions. The | 22 | | Attorney General may not make a program participant's address, | 23 | | other
than the address designated by the Attorney General, | 24 | | available for
inspection or copying, except under the | 25 | | following circumstances:
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| 1 | | (a) if requested by a law enforcement agency, to the law | 2 | | enforcement
agency;
| 3 | | (b) if directed by a court order, to a person identified in | 4 | | the
order; and
| 5 | | (c) (blank) if certification has been canceled .
| 6 | | A program participant's address and phone number on file | 7 | | with the Attorney General are not subject to disclosure under | 8 | | the Freedom of Information Act. | 9 | | (Source: P.A. 91-494, eff. 1-1-00.)
| 10 | | (750 ILCS 61/40)
| 11 | | Sec. 40. Assistance for program applicants. The Attorney | 12 | | General shall designate State and local agencies and
nonprofit | 13 | | agencies that provide counseling and shelter services to | 14 | | victims
of domestic violence, sexual assault, human | 15 | | trafficking, or stalking to assist persons applying to be | 16 | | program participants.
Any assistance and counseling rendered | 17 | | by the office of the Attorney General or
its designees to | 18 | | applicants shall in no way be construed as legal
advice.
| 19 | | (Source: P.A. 101-270, eff. 1-1-21 .)
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