Full Text of SB0187 94th General Assembly
SB0187sam001 94TH GENERAL ASSEMBLY
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Sen. Ira I. Silverstein
Filed: 4/7/2005
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| AMENDMENT TO SENATE BILL 187
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| AMENDMENT NO. ______. Amend Senate Bill 187 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by adding Article | 5 |
| 12A as follows:
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| (10 ILCS 5/Art. 12A heading new)
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| ARTICLE 12A. | 8 |
| VOTERS' GUIDES
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| (10 ILCS 5/12A-2 new)
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| Sec. 12A-2. Definitions. As used in this Article, unless | 11 |
| the context
otherwise
requires:
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| "Board" means the State Board of Elections.
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| "Internet Guide" refers to information disseminated by the | 14 |
| State Board of
Elections on a website, pursuant to Section | 15 |
| 12A-5.
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| "Public question" or "question" means any question, | 17 |
| proposition, or
referendum
submitted to the voters under | 18 |
| Article 28 of this Code.
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| "Statewide candidate" means any candidate who runs for a | 20 |
| statewide office,
including Governor, Lieutenant Governor, | 21 |
| Attorney General, Secretary of State,
Treasurer, Comptroller, | 22 |
| United States President, or United States Senator.
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| "Voters' guide" means any information disseminated by the |
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| State Board of
Elections pursuant to
Section 12A-5.
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| (10 ILCS 5/12A-5 new)
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| Sec. 12A-5. Internet Guide.
The Board shall publish, no | 4 |
| later than the 45th day before a general election
in which a
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| statewide candidate appears on the ballot, an Internet website | 6 |
| with the
following
information:
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| (1) The date and time of the general election.
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| (2) Requirements for a citizen to qualify as an | 9 |
| elector.
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| (3) The deadline for registering as an elector in the | 11 |
| State of Illinois
for
the next
election.
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| (4) Contact information for local election | 13 |
| authorities.
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| (5) A description of the following offices, when they | 15 |
| appear on the
ballot,
including their term of office, basic | 16 |
| duties, and base salary: United States
President,
United | 17 |
| States Senator, United States Representative, Governor, | 18 |
| Lieutenant
Governor,
Attorney
General, Secretary of State, | 19 |
| Treasurer, Comptroller, Illinois Supreme Court
Justice,
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| Illinois
Appellate Court Judge, and other offices at the | 21 |
| Board's discretion.
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| (6) The names and party affiliations of qualified | 23 |
| candidates for the
following
offices, when these offices | 24 |
| appear on the ballot: United States President,
United | 25 |
| States
Senator, United States Representative, Governor, | 26 |
| Lieutenant Governor, Attorney
General,
Secretary of State, | 27 |
| Treasurer, Comptroller, Illinois Supreme Court Justice,
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| Illinois Appellate
Court Judge, and other offices at the | 29 |
| Board's discretion.
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| (7) Challenged candidates. Where a candidate's right | 31 |
| to appear on the
general
election ballot has been | 32 |
| challenged, and any appeal remains pending regarding
those
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| challenges, the challenged candidate may appear on the |
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| Internet Guide, subject
to the
other provisions of Section | 2 |
| 12A-10. In this instance, the Board may note that
the
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| candidate's
candidacy has been challenged and that he or | 4 |
| she may be removed from the
ballot prior
to election day. | 5 |
| If the candidate is removed from the ballot prior to | 6 |
| election
day, the
Board shall remove the candidate's name | 7 |
| and other information from the Internet
Guide.
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| (8) Any personal statement and photograph submitted by | 9 |
| a candidate named
in
the
Internet Guide, subject to | 10 |
| Sections 12A-10 and 12A-35.
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| (9) A means by which an elector may determine what type | 12 |
| of balloting
equipment
is used by his or her local election | 13 |
| authority, and the instructions for
properly
using that
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| equipment.
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| (10) The text of any public question that may appear on | 16 |
| the ballot.
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| (11) A mechanism by which electors may determine in | 18 |
| which congressional,
legislative, and judicial districts | 19 |
| they reside. The Internet Guide shall allow
visitors to
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| search for candidates by office group (e.g., statewide | 21 |
| executive, or General
Assembly),
office (e.g., Governor or | 22 |
| State Senator), district (e.g., specific
legislative | 23 |
| seats), and
candidate's name.
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| The Board shall archive the contents of the Internet Guide | 25 |
| for a period of at
least 5
years.
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| (10 ILCS 5/12A-10 new)
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| Sec. 12A-10. Candidate statements and photographs in the | 28 |
| Internet Guide.
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| (a) Any candidate whose name appears in the Internet Guide | 30 |
| may submit a
written
statement and a photograph to appear in | 31 |
| the Internet Guide, provided that:
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| (1) No personal statement may exceed 400 words.
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| (2) Personal statements may include contact |
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| information for the candidate,
including the address and | 2 |
| phone number of the campaign headquarters, and the
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| candidate's website.
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| (3) Personal statements may not mention a candidate's | 5 |
| opponents by name.
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| (4) No personal statement may include language that may | 7 |
| not be legally
sent
through the mail.
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| (5) The photograph shall be a conventional photograph | 9 |
| with a plain
background
and show only the face, or the | 10 |
| head, neck, and shoulders, of the candidate.
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| (6) The photograph shall not (i) show the candidate's | 12 |
| hands, anything in
the
candidate's hands, or the candidate | 13 |
| wearing a
judicial robe, a
hat, or a military, police, or | 14 |
| fraternal uniform or (ii)
include the
uniform or insignia | 15 |
| of any organization.
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| (b) The Board must note in the text of the Internet Guide | 17 |
| that personal
statements were
submitted by the candidate or his | 18 |
| or her designee and were not edited by the
Board.
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| (c) Where a candidate declines to submit a statement, the | 20 |
| Board may note
that
the
candidate declined to submit a | 21 |
| statement.
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| (d) The candidate must pay $200 for inclusion of his or her | 23 |
| personal
statement
and
photograph, and the Board shall not | 24 |
| include photographs or statements from
candidates
who do not | 25 |
| pay the fee. The Board may adopt rules for refunding that fee | 26 |
| at the
candidate's
request, provided that the Board may not | 27 |
| include a statement or photograph from
a
candidate who has | 28 |
| requested a refund of a fee, and provided also that the Board
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| may not
refund a fee
for inclusion in the Internet Guide after | 30 |
| the publication date of the Statewide
Guide.
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| (e) Anyone other than the candidate submitting a statement | 32 |
| or photograph
from a
candidate must attest that he or she is | 33 |
| doing so on behalf and at the direction
of
the
candidate. The | 34 |
| Board may assess a civil fine of no more than $1,000 against a
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| person or entity who falsely
submits a statement or photograph | 2 |
| not authorized by the
candidate.
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| (f) Nothing in this Article makes the author of any | 4 |
| statement exempt from
any
civil
or
criminal action because of | 5 |
| any defamatory statements offered for posting or
contained in
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| the Internet Guide. The persons writing, signing, or offering a | 7 |
| statement for
inclusion in
the Internet Guide are deemed to be | 8 |
| its authors and publishers, and the
Board shall not
be liable | 9 |
| in any case or action relating to the content of any material
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| submitted by any
candidate.
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| (g) The Board may set reasonable deadlines for the | 12 |
| submission of personal
statements and
photographs, provided | 13 |
| that a deadline may not be less than 5 business
days after
the | 14 |
| last day for filing new party petitions.
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| (h) The Board may set formats for the submission of | 16 |
| statements and
photographs. The
Board may require that | 17 |
| statements and photographs are submitted in an
electronic | 18 |
| format.
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| (10 ILCS 5/12A-15 new)
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| Sec. 12A-15. Language. The Board may translate all of the | 21 |
| material it is
required to
provide for the Internet Guide into | 22 |
| other languages as it deems necessary to
comply with
the | 23 |
| federal Voting Rights Act or at its discretion. Visitors to the | 24 |
| site shall
have the
option of viewing the Guide in all | 25 |
| languages into which the Guide has been
translated.
Candidates | 26 |
| may, at their option and expense, submit statements in | 27 |
| languages
other than
English. The Board shall not be | 28 |
| responsible for translating candidate
statements.
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| (10 ILCS 5/12A-35 new)
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| Sec. 12A-35. Board's review of candidate photograph and | 31 |
| statement;
procedure
for
revision.
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| (a) If a candidate files a photograph and statement
under |
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| item (8) of Section 12A-5 for inclusion in a voters' guide, the | 2 |
| Board shall review the
photograph and
statement to ensure that | 3 |
| they comply with the requirements of Section 12A-10. Review by | 4 |
| the Board under this Section shall be limited
to
determining | 5 |
| whether the photograph and statement comply with the | 6 |
| requirements
of
Section 12A-10 and may not include any | 7 |
| determination relating
to the
accuracy or truthfulness of the | 8 |
| substance or contents of the materials filed.
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| (b) The Board shall review each photograph and statement | 10 |
| not later than 3
business days
following the deadline for | 11 |
| filing a photograph and statement. If the Board
determines
that | 12 |
| the photograph or statement of a candidate must be revised in | 13 |
| order to
comply with
the requirements of Section 12A-10, the | 14 |
| Board
shall
attempt to contact the candidate not later than the | 15 |
| 5th day after the deadline
for filing a
photograph and | 16 |
| statement. A candidate contacted by the Board under this | 17 |
| Section
may
file a revised photograph or statement no later | 18 |
| than the 7th business day
following the
deadline for filing a | 19 |
| photograph and statement.
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| (c) If the Board is required to attempt to contact a | 21 |
| candidate under
subsection (b) of this
Section, the Board shall | 22 |
| attempt to contact the candidate by telephone or by
using an
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| electronic transmission facsimile machine, if such contact | 24 |
| information is
provided by the
candidate.
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| (d) If the Board is unable to contact a candidate, if the | 26 |
| candidate does
not file a
revised photograph or statement, or | 27 |
| if the revised filing under subsection (b)
again
fails to meet | 28 |
| the standards of review set by the Board:
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| (1) If a photograph does not comply with Section | 30 |
| 12A-10, the Board may modify the photograph. The candidate | 31 |
| shall pay the
expense
of any modification before | 32 |
| publication of the photograph in the voters' guide.
If the
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| photograph cannot be modified to comply with Section | 34 |
| 12A-10,
the photograph shall not be printed in the guide.
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| (2) If a statement does not comply with Section 12A-10, | 2 |
| the statement shall not be included in the guide.
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| (e) If the photograph or statement of a candidate filed | 4 |
| under item (8)
of Section
12A-5
does not comply with a | 5 |
| requirement
of Section 12A-10 and the Board does not attempt to | 6 |
| contact the
candidate by
the deadline
specified in subsection | 7 |
| (b) of this Section, for purposes of this Section
only the
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| photograph or statement shall be included as filed.
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| (f) A candidate revising a photograph or statement under | 10 |
| this Section shall
make only
those revisions necessary to | 11 |
| comply with Section 12A-10.
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| (g) The Board may by rule define the term "contact" as used | 13 |
| in this
Section.
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| (10 ILCS 5/12A-40 new)
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| Sec. 12A-40. Exemption from public records laws. | 16 |
| Notwithstanding any other
provision of law, materials filed by | 17 |
| a candidate, political party, political
committee, or
other | 18 |
| person for inclusion in a voters' guide are exempt from public | 19 |
| inspection
until the
4th business day after the final date for | 20 |
| filing the materials.
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| (10 ILCS 5/12A-45 new)
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| Sec. 12A-45. Material submitted for inclusion in any | 23 |
| voters' guide may not
be
admitted
as evidence in any suit or | 24 |
| action against the Board to restrain or enjoin the
publication | 25 |
| of
a voters' guide.
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| (10 ILCS 5/12A-50 new)
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| Sec. 12A-50. Order of appearance within the guides. For all | 28 |
| guides
disseminated
by the
Board, all information about offices | 29 |
| and candidates on the ballot shall be
listed together
in the | 30 |
| same part of the guide. All candidates for one office,
together | 31 |
| with their
statements and photographs if any,
shall be listed |
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| before information on other offices and candidates is listed.
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| To the extent
possible, offices and candidates shall be listed | 3 |
| in the same order in which
they appear
on the ballot.
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| (10 ILCS 5/12A-55 new)
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| Sec. 12A-55. Constitutional issues. If a constitutional | 6 |
| amendment appears
on
the ballot,
the contents of the pamphlet | 7 |
| issued by the Secretary of State under Section 2
of the | 8 |
| Illinois Constitutional Amendment Act may be included in any | 9 |
| guide
issued by the
Board.
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| Section 95. Severability. The provisions of this Act are | 11 |
| severable under
Section 1.31 of the Statute on Statutes.".
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