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Public Act 101-0270


 

Public Act 0270 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0270
 
HB2818 EnrolledLRB101 07051 LNS 52087 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing Section
20-3 as follows:
 
    (10 ILCS 5/20-3)  (from Ch. 46, par. 20-3)
    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.
    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:
"APPLICATION FOR BALLOT
    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.
    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):
    1.  ( ) a member of the United States Service,
    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.
    3.  ( ) a certified program participant under the Address
Confidentiality for Victims of Domestic Violence, Sexual
Assault, or Stalking Act.
    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.
    (Check below only if category 2 or 3 and not previously
registered)
    ( ) I hereby make application to become registered as a
voter and agree to return the forms and affidavits for
registration to the election authority not later than 30 days
before the election.
    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.
.........................
    Post office address or service address to which
registration materials or ballot should be mailed
.........................
.........................
.........................
........................"
    If application is made for a primary election ballot, such
application shall designate the name of the political party
with which the applicant is affiliated.
    Such applications may be obtained from the election
authority having jurisdiction over the person's precinct of
residence.
    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:
"APPLICATION FOR BALLOT to be voted at the........... election
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.
    I certify that the following named person................
(insert name of person) is a member of the United States
Service.
    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
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.
    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.
    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.)
    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.
Name of applicant ......................
Residence address ........................
City/village/township........................
    Service address to which ballot should be mailed:
.........................
.........................
.........................
........................"
    If application is made for a primary election ballot, such
application shall designate the name of the political party
with which the person for whom application is made is
affiliated.
    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.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
    Section 10. The Address Confidentiality for Victims of
Domestic Violence, Sexual Assault, or Stalking Act is amended
by changing Sections 1, 5, 10, 11, 15, and 40 as follows:
 
    (750 ILCS 61/1)
    Sec. 1. Short title. This Act may be cited as the Address
Confidentiality for Victims of Domestic Violence, Sexual
Assault, or Stalking Act.
(Source: P.A. 91-494, eff. 1-1-00.)
 
    (750 ILCS 61/5)
    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.
(Source: P.A. 91-494, eff. 1-1-00.)
 
    (750 ILCS 61/10)
    Sec. 10. Definitions. In this Act, unless the context
otherwise requires:
    "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.
    "Program participant" means a person certified as a program
participant under this Act.
    "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
reported to law enforcement officers.
    "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.)
 
    (750 ILCS 61/11)
    Sec. 11. Address confidentiality program; administration.
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.
(Source: P.A. 91-494, eff. 1-1-00.)
 
    (750 ILCS 61/15)
    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:
        (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
    her children's safety, or the safety of the minor or person
    with a disability on whose behalf the application is made;
        (2) a designation of the Attorney General as agent for
    purposes of service of process and receipt of mail;
        (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;
        (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
        (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
    applicant signed the application.
    (b) Applications shall be filed with the office of the
Attorney General.
    (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.
    (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
the minor or incapacitated person on whose behalf the
application is made, or who knowingly provides false or
incorrect information upon making an application, is guilty of
a Class 3 felony.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    (750 ILCS 61/40)
    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.
(Source: P.A. 91-494, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect January
1, 2021.

Effective Date: 1/1/2021