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| Public Act 095-0440 |
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AN ACT concerning sex offenders.
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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 | ||||
Sections 11-4.1, 19-1, 19-2, 19-3, and 19-5 and by adding | ||||
Section 19A-10.5 as follows:
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(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
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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.
| ||