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| Public Act 101-0270 | ||||
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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 | ||
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 | ||
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 | ||
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. | ||
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 | ||
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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