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Public Act 101-0270
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| HB2818 Enrolled | LRB101 07051 LNS 52087 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing Section |
20-3 as follows:
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(10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
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Sec. 20-3.
The election authority shall furnish the |
following
applications for registration by mail or vote by mail |
ballot which shall be
considered a method of application in |
lieu of the official postcard.
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1. Members of the United States Service, citizens of the |
United
States temporarily residing outside the territorial |
limits of the United
States, and certified program participants |
under the Address Confidentiality
for Victims of Domestic |
Violence, Sexual Assault, or Stalking Act may make application |
within the periods
prescribed in Sections
20-2 or 20-2.1, as |
the case may be. Such application shall be
substantially in the |
following form:
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"APPLICATION FOR BALLOT
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To be voted at the ............ election in the precinct in |
which is
located my residence at ..............., in the |
city/village/township of
............(insert home address) |
County of ........... and State of
Illinois.
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I state that I am a citizen of the United States; that on |
(insert
date of election) I shall have resided in the State of |
Illinois and in
the election precinct for 30 days; that on the |
above date I shall be the
age of 18 years or above; that I am |
lawfully entitled to vote in such
precinct at that election; |
that I am (check category 1, 2, or 3
below):
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1. ( ) a member of the United States Service,
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2. ( ) a citizen of the United States temporarily residing |
outside
the territorial limits of the United States and that I |
expect to be
absent from the said county of my residence on the |
date of holding such
election, and that I will have no |
opportunity to vote in person on that
day.
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3. ( ) a certified program participant under the Address
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Confidentiality for Victims of Domestic Violence, Sexual |
Assault, or Stalking Act.
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I hereby make application for an official ballot or ballots |
to be
voted by me at such election if I am absent from the said |
county of my
residence, and I agree that I shall return said |
ballot or ballots to the
election authority postmarked no later |
than election day, for counting no later than during the period |
for counting provisional ballots, the last day of which is the |
14th day following election day or shall destroy said ballot or |
ballots.
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(Check below only if category 2 or 3 and not previously |
registered)
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( ) I hereby make application to become registered as a |
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voter and
agree to return the forms and affidavits for |
registration to the
election authority not later than 30 days |
before the election.
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Under penalties as provided by law pursuant to Article 29 |
of the
Election Code, the undersigned certifies that the |
statements set forth
in this application are true and correct.
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.........................
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Post office address or service address to which |
registration
materials or ballot should be mailed
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.........................
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.........................
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.........................
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........................"
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If application is made for a primary election ballot, such
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application shall designate the name of the political party |
with which
the applicant is affiliated.
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Such applications may be obtained from the election |
authority having
jurisdiction over the person's precinct of |
residence.
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2. A spouse or dependent of a member of the United States |
Service,
said spouse or dependent being a registered voter in |
the county, may
make application on behalf of said person in |
the office of the election
authority within the periods |
prescribed in Section 20-2 which shall be
substantially in the |
following form:
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"APPLICATION FOR BALLOT to be voted at the........... election |
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in
the precinct in which is located the residence of the person |
for whom
this application is made at.............(insert |
residence address) in
the city/village/township of......... |
County of.......... and State
of Illinois.
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I certify that the following named person................ |
(insert
name of person) is a member of the United States |
Service.
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I state that said person is a citizen of the United States; |
that on
(insert date of election) said person shall have |
resided in the State of
Illinois and in the election precinct |
for which this application is made
for 30 days; that on the |
above date said person shall be the age of 18
years or above; |
that said person is lawfully entitled to vote in such
precinct |
at that election; that said person is a member of the United
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States Service, and that in the course of his duties said |
person expects
to be absent from his county of residence on the |
date of holding such
election, and that said person will have |
no opportunity to vote in
person on that day.
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I hereby make application for an official ballot or ballots |
to be
voted by said person at such election and said person |
agrees that he
shall return said ballot or ballots to the |
election authority postmarked no later than election day, for |
counting no later than during the period for counting |
provisional ballots, the last day of which is the 14th day |
following election day, or shall destroy
said ballot or |
ballots.
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I hereby certify that I am the (mother, father, sister, |
brother,
husband or wife) of the said elector, and that I am a |
registered voter
in the election precinct for which this |
application is made. (Strike all
but one that is applicable.)
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Under penalties as provided by law pursuant to Article 29 |
of The
Election Code, the undersigned certifies that the |
statements set forth
in this application are true and correct.
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Name of applicant ......................
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Residence address ........................
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City/village/township........................
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Service address to which ballot should be mailed:
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.........................
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.........................
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.........................
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........................"
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If application is made for a primary election ballot, such
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application shall designate the name of the political party |
with which
the person for whom application is made is |
affiliated.
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Such applications may be obtained from the election |
authority having
jurisdiction over the voting precinct in which |
the person for whom
application is made is entitled to vote.
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(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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Section 10. The Address Confidentiality for Victims of |
Domestic Violence, Sexual Assault, or Stalking Act is amended |
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by changing Sections 1, 5, 10, 11, 15, and 40 as follows:
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(750 ILCS 61/1)
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Sec. 1. Short title. This Act may be cited as the Address |
Confidentiality for Victims of Domestic Violence, Sexual |
Assault, or Stalking Act.
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(Source: P.A. 91-494, eff. 1-1-00.)
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(750 ILCS 61/5)
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Sec. 5. Legislative findings. The General Assembly finds |
that persons attempting to escape from actual or
threatened |
domestic violence, sexual assault, or stalking frequently |
establish new addresses in order to
prevent their assailants or |
probable assailants from finding them. The
purpose of this Act |
is to enable State and local agencies to respond to
requests |
for public records without disclosing the location of a victim |
of
domestic violence, sexual assault, or stalking, to enable |
interagency cooperation with the Attorney
General in providing |
address confidentiality for victims of domestic
violence, |
sexual assault, or stalking, and to enable State and local |
agencies to accept a program
participant's use of an address |
designated by the Attorney General as a
substitute mailing |
address.
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(Source: P.A. 91-494, eff. 1-1-00.)
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(750 ILCS 61/10)
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Sec. 10. Definitions. In this Act, unless the context |
otherwise
requires:
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"Address" means a residential street address, school |
address, or
work address of an individual, as specified on the |
individual's application
to be a program participant under this |
Act.
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"Program participant" means a person certified as a program
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participant under this Act.
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"Domestic violence" has the same meaning as in the Illinois |
Domestic Violence
Act of 1986 and
includes a threat of domestic |
violence against an individual in a
domestic situation, |
regardless of whether the domestic violence or threat has
been
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reported to law enforcement officers.
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"Sexual assault" has the same meaning as sexual conduct or |
sexual penetration as defined in the Civil No Contact Order |
Act. "Sexual assault" includes a threat of sexual assault, |
regardless of whether the sexual assault or threat has been |
reported to law enforcement officers. |
"Stalking" has the same meaning as in the Stalking No |
Contact Order Act. "Stalking" includes a threat of stalking, |
regardless of whether the stalking or threat has been reported |
to law enforcement officers. |
(Source: P.A. 91-494, eff. 1-1-00.)
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(750 ILCS 61/11)
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Sec. 11. Address confidentiality program; administration. |
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Subject to
appropriations for the purposes of this Act, the |
Attorney General shall
administer an address confidentiality |
program for victims of domestic violence, sexual assault, or |
stalking.
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(Source: P.A. 91-494, eff. 1-1-00.)
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(750 ILCS 61/15)
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Sec. 15. Address confidentiality
program; application; |
certification. |
(a) An adult person, a parent or guardian acting on behalf |
of a
minor, or a guardian acting on behalf of a person with a |
disability, as
defined in Article 11a of the Probate Act of |
1975, may apply to the Attorney
General to have an
address |
designated by the Attorney General serve as the person's |
address
or the address of the minor or person with a |
disability. The Attorney General
shall approve an application |
if it is filed in the manner and on the form
prescribed by him |
or her and if it contains:
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(1) a sworn statement by the applicant that the |
applicant has good
reason to believe (i) that the |
applicant, or the minor or person with a disability on |
whose behalf the application is made, is a victim of |
domestic
violence, sexual assault, or stalking; and (ii) |
that the applicant fears for his or her safety or his or
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her children's safety, or the safety of the minor or person |
with a disability
on whose behalf the application is made;
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(2) a designation of the Attorney General as agent for |
purposes of
service of process and receipt of mail;
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(3) the mailing address where the applicant can be |
contacted by the
Attorney General, and the phone number or |
numbers where the applicant
can be called by the Attorney |
General;
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(4) the new address or addresses that the applicant |
requests not be
disclosed for the reason that disclosure |
will increase the risk of domestic
violence, sexual |
assault, or stalking; and
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(5) the signature of the applicant and of any |
individual or
representative of any office designated in |
writing under Section 40 of this Act
who
assisted in the |
preparation of the application, and the date on which the
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applicant signed the application.
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(b) Applications shall be filed with the office of the |
Attorney General.
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(c) Upon filing a properly completed application, the |
Attorney General shall
certify the applicant as a program |
participant. Applicants
shall be certified for 4 years |
following the date of filing unless the
certification is |
withdrawn or invalidated before that date. The Attorney
General |
shall by rule establish a renewal procedure.
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(d) A person who falsely attests in an application that |
disclosure
of the applicant's address would endanger the |
applicant's safety or the
safety of the applicant's children or |
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the minor or incapacitated person on
whose behalf the |
application is made, or who knowingly provides false or
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incorrect information upon making an application, is guilty of |
a Class 3
felony.
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(Source: P.A. 99-143, eff. 7-27-15.)
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(750 ILCS 61/40)
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Sec. 40. Assistance for program applicants. The Attorney |
General shall designate State and local agencies and
nonprofit |
agencies that provide counseling and shelter services to |
victims
of domestic violence, sexual assault, or stalking to |
assist persons applying to be program participants.
Any |
assistance and counseling rendered by the office of the |
Attorney General or
its designees to applicants shall in no way |
be construed as legal
advice.
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(Source: P.A. 91-494, eff. 1-1-00.)
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Section 99. Effective date. This Act takes effect January |
1, 2021.
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