Public Act 095-0440
 		





HB0263 Enrolled
LRB095 04803 JAM 24863 b






    AN ACT concerning sex offenders.

 
    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 
Sections 11-4.1, 19-1, 19-2, 19-3, and 19-5 and  by adding 
Section 19A-10.5 as follows:
 



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



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

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

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

    (d) If a qualified elector's precinct polling place is a 
school and the elector will be unable to enter that polling 
place without violating Section 11-9.3 of the Criminal Code of 
1961 because the elector is a child sex offender as defined in 
Section 11-9.3 of the Criminal Code of 1961, that elector may 
vote by absentee ballot in accordance with Article 19 of this 
Code or may vote early in accordance with Article 19A of this 
Code.
(Source: P.A. 92-465, eff. 8-22-01.)

 
    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)
    Sec. 19-1. Any qualified elector of the State of Illinois  
having
duly registered where such registration is required who 
will be unable to enter his or her precinct polling place 
without violating Section 11-9.3 of the Criminal Code of 1961 
or who expects to be
absent from the county in which he is a 
qualified elector or who because
of being appointed a judge of 
election in a precinct other than the
precinct in which he 
resides or who because of physical incapacity or
the tenets of 
his religion in the observance of a religious holiday or
who 
because of election duties for the office of an Election 
Authority
or the State Board of Elections or who because of 
election duties for a
law enforcement agency, including but not 
limited to the offices of the
Attorney General, a State's 
Attorney, a United States Attorney, or a
State, county, or 
municipal police department, or who, because he is
temporarily 
abiding outside the precinct in which he is registered to vote

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


    Each Election Authority, law enforcement agency, and the 
State Board
of Elections shall compile and keep current a list 
of his or its
officers or employees who are eligible to vote 
under this Article by
reason of election duties.


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

physical abilities.


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

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

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

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

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


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

 



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


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

APPLICATION FOR BALLOT


BY ELECTOR WHO EXPECTS TO BE


ABSENT FROM COUNTY


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

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

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

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

....


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


Post office address to which ballot is mailed:


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

    However, 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.

APPLICATION FOR BALLOT


BY ELECTOR WHO IS JUDGE OF ELECTION


IN A PRECINCT OTHER THAN THE PRECINCT


IN WHICH HE RESIDES


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

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

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

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

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

....


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


Post office address to which ballot is mailed:


....


APPLICATION FOR BALLOT


BY PHYSICALLY INCAPACITATED ELECTOR


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

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

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

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

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

....


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


Post office address to which ballot is mailed:


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

APPLICATION FOR BALLOT
BY CHILD SEX OFFENDER ELECTOR
    To be voted at the .... election in the County of .... and 
State of
Illinois, in the .... precinct of the (1) *township of 
.... (2) *City of
.... or (3) *.... ward in the City of ....
    I state that I am affiliated with the .... party (to be 
used in
primary elections) and that I am a resident of the .... 
precinct of the
(1) *township of .... (2) *City of .... or (3) 
*.... ward in the city of
.... residing at .... in such city or 
town in the county of .... and
State of Illinois; that I have 
lived at such address for .... month(s)
last past; that I am 
lawfully entitled to vote in such precinct at the
.... election 
to be held therein on ....; that
my assigned precinct polling 
place is in a school and I will be unable to enter the polling 
place without violating Section 11-9.3 of the Criminal Code of 
1961.
    I hereby make application for an official ballot or ballots 
to be
voted by me at such election because my assigned precinct 
polling place is in a school and I will be unable to enter the 
polling place without violating Section 11-9.3 of the Criminal 
Code of 1961, and I
agree that I shall return such ballot or 
ballots to the official issuing
the same prior to the closing 
of the polls on the date of election.
    Under penalties as provided by law pursuant to Section 
29-10 of the
Election Code, the undersigned certifies that the 
statements set forth
in this application are true and correct.
....
*fill in either (1), (2), or (3).
Post office address to which ballot is mailed:
.............................................................

APPLICATION FOR BALLOT


BY ELECTOR OBSERVING RELIGIOUS HOLIDAY


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

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

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

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

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

....


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


Post office address to which ballot is mailed:


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

APPLICATION FOR BALLOT


BY ELECTOR WHO IS AN ELECTION EMPLOYEE


OF STATE'S ATTORNEY, COUNTY CLERK OR


BOARD OF ELECTION COMMISSIONERS


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

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

and that because of election duties on the date of holding such 
election
I 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 me at such election, and I agree that I shall 
return such
ballot or ballots to the official issuing the same 
prior to the closing
of the polls on the date of the election.

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

....


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


Post office address to which ballot is mailed:


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

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

APPLICATION FOR


TEMPORARILY ABSENT STUDENT BALLOT


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

    I state that I am a resident of the .... precinct of the 
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
the city of
.... residing at .... in such city or town in the 
county of .... and
State of Illinois; that I have lived at such 
address for .... month(s)
last past; that I am lawfully 
entitled to vote in such precinct at the
.... election to be 
held therein on ....; that I am temporarily abiding
outside 
such precinct in the (1) *township of .... (2) *City of .... in 
the
county of .... and State of .... due to the fact I am a 
student attending an
institution of higher education, and for 
that reason do not expect to have
an opportunity to vote in 
person on that day.

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

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

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


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


Post office address to which ballot is mailed:


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

    However, 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.

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

APPLICATION FOR


ABSENT VOTER'S BALLOT


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

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

following reasons:

(Check One)

         I expect to be absent from my county of residence.

         I expect to be temporarily absent from the country.

         I shall be serving as a judge of election in the

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

         residence.

         I shall be observing a religious holiday in

         accordance with the tenets of my religion.

         I shall be performing official election duties

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

                                   (election authority) 

         .................... or the State Board of 
Elections.

         (location)

        I shall be performing election law enforcement

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

                                    (law enforcement agency)

         ................

         (location)

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

        I am physically incapacitated.

        Reason(s):

        I have been called for jury duty on said day by

        ..................

        (court jurisdiction)

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

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

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


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

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


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

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

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


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


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


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


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


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


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


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


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


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


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


(Individual rendering assistance)


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


(Residence Address)


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


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


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


    If the ballot is to go to an elector who will be unable to 
enter his or her precinct polling place without violating 
Section 11-9.3 of the Criminal Code of 1961, the envelope shall 
bear upon the back thereof a
certification in substantially the 
following form:
    I state that I am a resident of the .... precinct of the 
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
the city of
.... residing at .... in said city or town in the 
county of .... and
State of Illinois, that I have lived at such 
address for .... months
last past; that I am lawfully entitled 
to vote in such precinct at the
.... election to be held on 
....; that my assigned precinct polling place is in a school 
and I will be unable to enter the polling place without 
violating Section 11-9.3 of the Criminal Code of 1961.
*fill in either (1), (2), or (3).
    I further state that I personally marked the enclosed 
ballot in secret.
    Under penalties of perjury as provided by law pursuant to 
Section 29-10
of the Election Code, the undersigned certifies 
that the statements set
forth in this certification are true 
and correct.
......................
    If the ballot is to go to an elector who is unable to be 
present at
the polls on the date of the election because of the 
observance of a
religious holiday, the envelope shall bear upon 
the back thereof a
certification in substantially the following 
form:


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


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


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


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


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


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

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

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

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

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


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


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


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

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


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


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


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


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


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


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

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


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


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


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


(Individual rendering assistance)


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


(Residence Address)


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


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


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


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


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

completing the enclosed affidavit.  Federal and State laws 
prohibit a
candidate whose name appears on the ballot (unless 
you
are the spouse or a parent, child, brother, or sister of 
the candidate), your
employer, your employer's agent or an 
officer or agent of your union
from assisting physically 
disabled voters."


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

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


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


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



    (720 ILCS 5/11-9.3)


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

offenders prohibited.

    (a) It is unlawful for a child sex offender to knowingly be 
present in any
school building, on real property comprising any 
school, or in any conveyance
owned, leased, or contracted by a 
school to transport students to or from
school or a school 
related activity when persons under the age of 18 are
present 
in the building, on the grounds or in
the conveyance, unless 
the offender is a parent or guardian of a student attending the 
school and the parent or guardian is: (i) attending a 
conference at the school with school personnel to discuss the 
progress of his or her child academically or socially, (ii) 
participating in child review conferences in which evaluation 
and placement decisions may be made with respect to his or her 
child regarding special education services, or (iii) attending 
conferences to discuss other student issues concerning his or 
her child such as retention and promotion and notifies the 
principal of the school of his or her presence at the school or 
unless the
offender has permission to be present from the

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

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

    (a-5) It is unlawful 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.

    Nothing in this Section shall be construed to infringe upon 
the constitutional right of a child sex offender to be present 
in a school building that is used as a polling place for the 
purpose of voting.

        (1) (Blank; or)


        (2) (Blank.)

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

school where the sex offender will be present.  Notification 
includes the
nature of the sex offender's visit and the hours 
in which the sex offender will
be present in the school.  The 
sex offender is responsible for notifying the
principal's 
office when he or she arrives on school property and when he or 
she
departs from school property.  If the sex offender is to be 
present in the
vicinity of children, the sex offender has the 
duty to remain under the direct
supervision of a school 
official.  A child sex offender who violates this
provision is

guilty of a Class 4 felony.


        (1) (Blank; or)


        (2) (Blank.)

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

    (c) Definitions.  In this Section:


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


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


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


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


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

            or an attempt to commit such offense; or


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

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


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


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


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


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


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

    not a conviction for purposes of this Section.


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


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

        10-5(b)(10) (child luring), 11-6 (indecent 
        solicitation of a child), 11-6.5
(indecent 
        solicitation of an adult),
11-9 (public indecency when 
        committed in a school, on the real property
comprising 
        a school, or on a conveyance, owned, leased, or 
        contracted by a
school to transport students to or from 
        school or a school related activity),
11-9.1 (sexual 
        exploitation of a child), 11-15.1 (soliciting for a 
        juvenile
prostitute), 11-17.1 (keeping a place of 
        juvenile prostitution), 11-18.1
(patronizing a 
        juvenile prostitute), 11-19.1 (juvenile pimping),

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

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


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


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


            10-1 (kidnapping),


            10-2 (aggravated kidnapping),


            10-3 (unlawful restraint),


            10-3.1 (aggravated unlawful restraint).


            An attempt to commit any of these offenses.


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


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


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


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

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

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


            (ii) A violation of any of the following Sections 
        of the Criminal Code
of 1961, when the victim is a 
        person under 18 years of age: 12-13 (criminal
sexual 
        assault), 12-14 (aggravated criminal sexual assault),

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


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


            10-1 (kidnapping),


            10-2 (aggravated kidnapping),


            10-3 (unlawful restraint),


            10-3.1 (aggravated unlawful restraint).


            An attempt to commit any of these offenses.


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


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


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


        (5) "Loiter" means:


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


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

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

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

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

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


 

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