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91_HB2374eng HB2374 Engrossed LRB9103392MWgc 1 AN ACT to amend the Election Code by adding Article 12A. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Election Code is amended by adding 5 Article 12A as follows: 6 (10 ILCS 5/Art. 12A heading new) 7 ARTICLE 12A. VOTERS' PAMPHLET 8 (10 ILCS 5/12A-1 new) 9 Sec. 12A-1. Definitions. As used in this Article, 10 unless the context otherwise requires: 11 "Board" means the State Board of Elections. 12 "Election authority" means a county clerk or Board of 13 Election Commissioners. 14 "Electoral district" means a county, municipality, or 15 district as defined in Section 1-3 of this Code. 16 "Public question" or "question" means any question, 17 proposition, or measure submitted to the voters under Article 18 28 of this Code, except that "public question" shall not 19 include questions relating to the Constitution. 20 (10 ILCS 5/12A-5 new) 21 Sec. 12A-5. Joint production of State and county voters' 22 pamphlet. Notwithstanding any other law to the contrary, the 23 State Board of Elections and a county may enter into an 24 intergovernmental agreement as provided in the 25 Intergovernmental Cooperation Act under which the Board and 26 the election authority of the county may jointly produce a 27 voters' pamphlet for any election as provided under this 28 Article. HB2374 Engrossed -2- LRB9103392MWgc 1 (10 ILCS 5/12A-10 new) 2 Sec. 12A-10. Disposition of fees. The Board shall pay 3 fees received under this Article into the General Revenue 4 Fund. 5 (10 ILCS 5/12A-15 new) 6 Sec. 12A-15. Statements included in voters' pamphlet. 7 (a) The Board shall prepare and have printed in the 8 general primary election and general election State voters' 9 pamphlet a statement containing the following information: 10 (1) Requirements for a citizen to qualify as an 11 elector. 12 (2) When an elector is required to register, 13 re-register, or transfer a registration. 14 (3) How an elector may obtain an absentee ballot. 15 (b) The Board shall include a statement on the cover of 16 the voters' pamphlet that the pamphlet may be used to assist 17 electors at the polls. 18 (c) The Board may include in the voters' pamphlet the 19 following information: 20 (1) Voter registration forms. 21 (2) Elector instructions, including the right of an 22 elector to request a second ballot if the first ballot is 23 spoiled, the right of an elector to take into the voting 24 booth a sample ballot marked in advance, and the right of 25 an elector to seek the assistance of the judges of 26 election or someone of the elector's own choosing, other 27 than the elector's employer or agent of that employer or 28 officer or agent of the elector's union, in marking the 29 ballot. 30 (10 ILCS 5/12A-20 new) 31 Sec. 12A-20. Content of statements and arguments. 32 (a) Statements and arguments submitted for inclusion in HB2374 Engrossed -3- LRB9103392MWgc 1 a voters' pamphlet by a candidate, political party, political 2 committee, or person supporting or opposing a public question 3 shall consist only of words or numbers. 4 (b) The Board shall specify on any instructions for 5 filing a statement, argument, or other material in the 6 voters' pamphlet that the statement, argument, or material 7 may be excluded under Section 12A-30. 8 (10 ILCS 5/12A-25 new) 9 Sec. 12A-25. Names of persons or organizations excluded 10 from arguments and statements; exceptions. 11 (a) Except as provided in subsection (b) of this 12 Section, the Board shall not print the name of any person or 13 organization in any argument supporting or opposing any 14 public question or any statement of any candidate, political 15 party, or political committee filed for inclusion in the 16 voters' pamphlet, if the name of the person or organization 17 is cited as supporting or endorsing the argument or 18 statement. 19 (b) The Board may print the name of a person or 20 organization in an argument or statement submitted for 21 inclusion in the voters' pamphlet as supporting or endorsing 22 the argument or statement if: 23 (1) not later than the deadline for filing an 24 argument or statement with the Board, the Board receives 25 a statement signed by the person, or by an authorized 26 person on behalf of an organization, stating that the 27 person consents to the use of the name of the person or 28 organization; or 29 (2) the name of a person or organization is used 30 with a quotation made by the person on behalf of the 31 person or by an authorized person on behalf of an 32 organization, the quotation was disseminated to the 33 public prior to its inclusion in the argument, or HB2374 Engrossed -4- LRB9103392MWgc 1 statement and the quotation is identified by its source 2 and date. 3 (c) A person shall not submit a false signature under 4 subsection (b) of this Section. 5 (10 ILCS 5/12A-30 new) 6 Sec. 12A-30. Type of material to be excluded from 7 pamphlet; liability for libel; procedure of material 8 excluded. 9 (a) The Board shall reject any statement, argument, or 10 other matter offered for filing and printing in a voters' 11 pamphlet that: 12 (1) contains any obscene, profane, or defamatory 13 language; 14 (2) incites or advocates hatred, abuse, or violence 15 toward any person or group; or 16 (3) contains any language that may not legally be 17 circulated through the mails. 18 (b) Nothing in this Article shall make the author of any 19 statement or argument exempt from any civil or criminal 20 action because of any defamatory statements offered for 21 printing or contained in the voters' pamphlet. The persons 22 writing, signing, or offering a statement or argument for 23 filing shall be deemed its authors and publishers. 24 (c) The Board shall by rule establish a procedure to 25 notify a person who offered a statement, argument, or other 26 matter that was rejected under this Section. Subject to 27 voters' pamphlet deadlines, the procedure shall require the 28 Board to: 29 (1) make reasonable attempts to notify the person 30 of the rejection; and 31 (2) allow the person, if notified under paragraph 32 (1) of this subsection, to revise the statement so that 33 it does not violate the provisions of this Section. HB2374 Engrossed -5- LRB9103392MWgc 1 (10 ILCS 5/12A-35 new) 2 Sec. 12A-35. Filing portrait and statement by or for 3 candidate; format of statement. 4 (a) Not later than the 98th day before the general 5 primary election, any candidate for nomination for election 6 at the general primary election to the office of United 7 States Senator, United States Representative, Governor, 8 Lieutenant Governor, Attorney General, Secretary of State, 9 State Comptroller, or State Treasurer, or an agent on behalf 10 of the candidate, may file with the Board a portrait of the 11 candidate and a typewritten statement of the reasons the 12 candidate should be nominated or elected. 13 (b) Not later than the 68th day before the general 14 election, any candidate for election at the general election 15 to the office of President or Vice President of the United 16 States, United States Senator, United States Representative, 17 Governor, Lieutenant Governor, Attorney General, Secretary of 18 State, State Comptroller, or State Treasurer, or an agent on 19 behalf of the candidate, may file with the Board a portrait 20 of the candidate and a typewritten statement of the reasons 21 the candidate should be elected. 22 (c) The Board shall by rule establish the format and 23 length of the statement permitted under this Section. 24 (d) A portrait or statement filed under this Section 25 shall be accompanied by a telephone or electronic facsimile 26 transmission machine number where the candidate may be 27 contacted for purposes of Section 12A-50. 28 (10 ILCS 5/12A-40 new) 29 Sec. 12A-40. Portrait requirements. 30 (a) A candidate shall not submit for inclusion in the 31 voters' pamphlet a portrait that was taken more than 2 years 32 before the date the portrait is filed with the Board. 33 (b) A portrait submitted for inclusion in the voters' HB2374 Engrossed -6- LRB9103392MWgc 1 pamphlet shall: 2 (1) be a conventional photograph with a plain 3 background; 4 (2) show the face or the head, neck, and shoulders 5 of the candidate; and 6 (3) be prepared and processed for printing as 7 prescribed by the Board. 8 (c) A portrait submitted for inclusion in the voters' 9 pamphlet shall not: 10 (1) include the hands or anything held in the hands 11 of the candidate; 12 (2) show the candidate wearing a judicial robe, a 13 hat, or a military, police, or fraternal uniform; and 14 (3) show the uniform or insignia of any 15 organization. 16 (d) The portrait of a candidate printed in the voters' 17 pamphlet shall be 3 inches high and 2 inches wide. Each 18 portrait shall be placed in the upper left corner of the 19 candidate's allotted space. 20 (10 ILCS 5/12A-45 new) 21 Sec. 12A-45. Format of candidate's statement. The 22 candidate's statement shall begin with a summary of the 23 following: occupation, educational and occupational 24 background, and prior governmental experience. 25 (10 ILCS 5/12A-50 new) 26 Sec. 12A-50. Board's review of candidate portrait and 27 statement; procedure for revision. 28 (a) If a candidate files a portrait and statement under 29 Section 12A-35 for inclusion in the voters' pamphlet, the 30 Board shall review the portrait and statement to ensure that 31 the portrait complies with the requirements of Section 12A-40 32 and that the statement complies with the requirements of HB2374 Engrossed -7- LRB9103392MWgc 1 Sections 12A-25 and 12A-45. 2 (b) Review by the Board under this Section shall be 3 limited to determining whether the portrait and statement 4 comply with the requirements of Sections 12A-25, 12A-40, and 5 12A-45 and shall not include any determination relating to 6 the accuracy or truthfulness of materials filed. 7 (c) The Board shall review each portrait and statement 8 not later than 3 business days following the deadline for 9 filing a portrait and statement under Section 12A-35. If the 10 Board determines that the portrait or statement of a 11 candidate must be revised in order to comply with the 12 requirements of Sections 12A-25, 12A-40, or 12A-45, the Board 13 shall attempt to contact the candidate not later than the 5th 14 business day after the deadline for filing a portrait and 15 statement under Section 12A-35. A candidate contacted by the 16 Board under this Section may file a revised portrait or 17 statement no later than the 7th business day following the 18 deadline for filing a portrait and statement under Section 19 12A-35. 20 (d) If the Board is required to attempt to contact a 21 candidate under subsection (c) of this Section, the Board 22 shall attempt to contact the candidate by telephone or by 23 using an electronic transmission facsimile machine. 24 (e) If the Board is unable to contact a candidate or if 25 the candidate does not file a revised portrait or statement: 26 (1) If a portrait does not comply with Section 27 12A-40, the Board may modify the portrait. The candidate 28 shall pay the expense of any modification before 29 publication of the portrait in the voters' pamphlet. If 30 the portrait cannot be modified to comply with Section 31 12A-40, the portrait shall not be printed in the voters' 32 pamphlet. 33 (2) If a statement does not comply with Section 34 12A-40, the statement shall not be printed in the voters' HB2374 Engrossed -8- LRB9103392MWgc 1 pamphlet. 2 (3) If a statement does not comply with Section 3 12A-25, the Board shall edit the statement to remove 4 language that does not comply with Section 12A-25. 5 (f) If the portrait or statement of a candidate filed 6 under Section 12A-35 does not comply with a requirement of 7 Sections 12A-25, 12A-40, or 12A-45 and the Board does not 8 attempt to contact the candidate by the deadline specified in 9 subsection (c) of this Section, for purposes of Sections 10 12A-25, 12A-40, and 12A-45 only, the portrait or statement 11 shall be printed as filed. 12 (g) A candidate revising a portrait or statement under 13 this Section shall make only those revisions necessary to 14 comply with Sections 12A-25, 12A-40, and 12A-45. 15 (h) The Board may by rule define the term "contact" as 16 used in this Section. 17 (10 ILCS 5/12A-55 new) 18 Sec. 12A-55. Fees for space in voters' pamphlet; use of 19 space. 20 (a) At the time of filing materials under Section 21 12A-35, each candidate for nomination or election to any of 22 the following offices shall pay to the Board the following 23 fee for space in the voters' pamphlet: 24 (1) President or Vice President of the United 25 States, United States Senator, or United States 26 Representative, $500 for 59.6 square inches of space. 27 (2) Governor, Lieutenant Governor, Attorney 28 General, Secretary of State, State Comptroller, or State 29 Treasurer, $300 for 59.6 square inches of space. 30 (b) The space allotted to each candidate shall be used 31 for the portrait and statement filed under Section 12A-35. 32 If a portrait is not filed, the statement may cover the 33 entire allotted space. The length of the statement shall be HB2374 Engrossed -9- LRB9103392MWgc 1 limited to not more than 900 words for 59.6 square inches of 2 space. 3 (10 ILCS 5/12A-60 new) 4 Sec. 12A-60. Identification of portrait or statement. 5 On each allotted space of the voters' pamphlet containing a 6 portrait or statement filed by a candidate, political party, 7 political committee, or other person, the Board shall 8 indicate who furnished the portrait or statement. 9 (10 ILCS 5/12A-65 new) 10 Sec. 12A-65. Refund of filing fee. No later than the 11 last day for filing material for inclusion in a voters' 12 pamphlet, the person who paid the filing fee may receive a 13 refund from the Board. When a refund is made, the material 14 for which the fee was paid shall not be included in the 15 pamphlet. 16 (10 ILCS 5/12A-70 new) 17 Sec. 12A-70. Exemption from public records laws; State 18 voters' pamphlet. Notwithstanding any other provision of 19 law, materials filed by a candidate, political party, 20 political committee, or other person for inclusion in a State 21 voters' pamphlet and arguments supporting or opposing a 22 public question filed by any person for inclusion in a State 23 voter's pamphlet are exempt from public inspection until the 24 4th business day after the final date for filing the 25 materials. 26 (10 ILCS 5/12A-75 new) 27 Sec. 12A-75. Statements and arguments inadmissible in 28 action to enjoin publication of pamphlet; State voters' 29 pamphlet. Material submitted for inclusion in any State 30 voters' pamphlet shall not be admitted as evidence in any HB2374 Engrossed -10- LRB9103392MWgc 1 suit or action against the Board to restrain or enjoin the 2 publication of the voters' pamphlet. 3 (10 ILCS 5/12A-80 new) 4 Sec. 12A-80. Preparation of State voters' pamphlet. 5 (a) The Secretary of State shall prepare for printing: 6 (1) a list of the names of candidates for 7 nomination for election at the general primary election 8 to the offices of United States Senator, United States 9 Representative, Governor, Lieutenant Governor, Attorney 10 General, Secretary of State, State Comptroller, and State 11 Treasurer or a list of names of candidates for election 12 at the general election to the offices of President or 13 Vice President of the United States, United States 14 Senator, United States Representative, Governor, 15 Lieutenant Governor, Attorney General, Secretary of 16 State, State Comptroller, and State Treasurer along with 17 a designation of the offices for which the candidates are 18 competing; 19 (2) all portraits and statements filed under 20 Section 12A-35; and 21 (3) the information specified in Section 12A-90 22 relating to public questions to be voted upon at the 23 election for which the pamphlet is prepared. 24 (b) The items specified in subsection (a) of this 25 Section shall be properly compiled, edited, prepared, and 26 indexed for printing by the Board before delivery to the 27 printer. 28 (c) The voters' pamphlet shall be prepared so that 29 material relating to public questions appears first and 30 material of candidates for partisan offices appears last. In 31 the general primary election pamphlet, all candidates of one 32 established political party shall be grouped separately from 33 all candidates of another established political party. The HB2374 Engrossed -11- LRB9103392MWgc 1 order in which the groups of candidates for the established 2 political parties appear shall be alternated for successive 3 general primary elections. If the pamphlet is printed on 4 pages of 8-1/2 inches by 11 inches, material relating to 5 candidates for different offices shall not appear on the same 6 page of the pamphlet. When material of a candidate for the 7 same office appears on a succeeding page, a statement shall 8 be placed in the top margin of the pamphlet page indicating 9 that material of additional candidates for the same office 10 continues on the next page. 11 (d) The Board shall have printed as many copies of the 12 voters' pamphlet that it estimates will be necessary for 13 distribution under Section 12A-85. 14 (10 ILCS 5/12A-85 new) 15 Sec. 12A-85. Distribution of pamphlet. Not later than 16 the 15th day before an election for which a voters' pamphlet 17 has been prepared, the Board shall cause the voters' pamphlet 18 to be mailed to each post office mailing address in the 19 State, and shall use any additional means of distribution 20 necessary to make the pamphlet available to electors. 21 (10 ILCS 5/12A-90 new) 22 Sec. 12A-90. Public questions, statements, and arguments 23 included in State voters' pamphlet. The Board shall have 24 printed in the voters' pamphlet for a regular election each 25 statewide public question as it will appear on the ballot to 26 be submitted to the People at the election for which the 27 pamphlet was prepared. Each public question shall be printed 28 with the explanatory statement and arguments relating to it. 29 (10 ILCS 5/12A-95 new) 30 Sec. 12A-95. Appointment of committee to draft 31 explanatory statement of measure proposed by referendum, HB2374 Engrossed -12- LRB9103392MWgc 1 petition, resolution, or ordinance. 2 (a) For each statewide public question to be submitted 3 to the People at a general primary election or general 4 election, a committee of 5 citizens shall be selected to 5 prepare the explanatory statement under Section 12A-100. 6 (b) Not later than the 78th day before the election, 7 proponents of the measure shall appoint 2 members to the 8 committee and notify the Board in writing of the selections. 9 If the proponents do not appoint 2 members, the Board shall 10 appoint 2 members to the committee from among supporters, if 11 any, of the public question not later than the 76th day 12 before the election. 13 (c) Not later than the 76th day before the election, the 14 Board shall appoint 2 members to the committee from among the 15 opponents, if any, of the question. 16 (d) The 4 appointed members of the committee shall 17 select the 5th member and notify the Board in writing of the 18 selection. If the 4 members have not selected the 5th member 19 by the 69th day before the election, the 5th member shall be 20 appointed by the Board not later than the 67th day before the 21 election. 22 (e) A vacancy shall be filled not later than 2 business 23 days after the vacancy occurs by the person who made the 24 original appointment. Unless the Board fills a vacancy, the 25 person filling the vacancy shall notify the Board in writing 26 of the selection. 27 (f) As used in this Section, "proponents" means: 28 (1) With respect to a public question initiated by 29 a resolution or ordinance of a political subdivision, the 30 governing body of that political subdivision; and 31 (2) With respect to any other public question 32 initiated by a petition of the electors, the chief 33 petitioners. HB2374 Engrossed -13- LRB9103392MWgc 1 (10 ILCS 5/12A-100 new) 2 Sec. 12A-100. Preparation and filing of explanatory 3 statement of public question. 4 (a) Not later than the 48th day before a general primary 5 election or general election at which any statewide public 6 question is to be submitted to the People, the committee 7 appointed under Section 12A-95 shall prepare and file with 8 the Board an impartial, simple, and understandable statement 9 explaining the measure. The statement shall not exceed 500 10 words. 11 (b) Not sooner than the 47th nor later than the 44th day 12 before the election, the Board shall hold a hearing in 13 Springfield upon reasonable statewide notice to receive 14 suggested changes or other information relating to any 15 explanatory statement. At the hearing any person may submit 16 suggested changes or other information relating to any 17 explanatory statement orally or in writing. Written 18 suggestions or other information also may be submitted at any 19 time before the hearing. 20 (c) The committee for each measure shall consider 21 suggestions and any other information submitted under 22 subsection (b) of this Section, and may file a revised 23 statement with the Board not later than the 35th day before 24 the election. 25 (d) The original statement and any revised statement 26 must be approved by at least 3 members of the committee. If 27 a member does not concur, the statement shall show only that 28 the member dissents. 29 (10 ILCS 5/12A-105 new) 30 Sec. 12A-105. Preparation and filing of explanatory 31 statement by Attorney General. 32 (a) The Attorney General shall prepare an impartial, 33 simple, and understandable statement of not more than 500 HB2374 Engrossed -14- LRB9103392MWgc 1 words explaining each statewide public question. The 2 statement shall be filed with the Board no later than the 3 last day for filing a statement prepared under Section 4 12A-100. 5 (b) If an explanatory statement is not filed by a 6 committee under Section 12A-100, the statement of the 7 Attorney General shall be the explanatory statement of the 8 question and shall be subject to the provisions of Section 9 12A-100. 10 (10 ILCS 5/12A-110 new) 11 Sec. 12A-110. Effect if explanatory statement not filed. 12 If an explanatory statement is not filed by a committee under 13 Section 12A-100 or by the Attorney General under Section 14 12A-105, the public question shall be printed in the voters' 15 pamphlet without the explanatory statement. 16 (10 ILCS 5/12A-115 new) 17 Sec. 12A-115. Court review of explanatory statement. Any 18 person dissatisfied with an explanatory statement for which 19 suggestions were offered at the Board's hearing under Section 20 12A-100, may petition the Supreme Court seeking a different 21 statement and stating the reasons the statement filed with 22 the Court is insufficient or unclear. If the petition is 23 filed not later than the 5th day after the deadline for 24 filing a revised statement with the Board, the court shall 25 review the statement, hear arguments, and certify an 26 explanatory statement to the Board. The review by the 27 Supreme Court shall be conducted expeditiously to ensure the 28 orderly and timely conduct of the election at which the 29 measure is to be submitted to the electors. The statement 30 certified by the court shall be the explanatory statement 31 printed in the voters' pamphlet. HB2374 Engrossed -15- LRB9103392MWgc 1 (10 ILCS 5/12A-120 new) 2 Sec. 12A-120. Filing arguments for or against public 3 question; fee or petition; size of argument space. Not 4 later than the 29th day before a general election or a 5 general primary election at which a statewide public question 6 is to be voted upon, any person may file with the Board a 7 typewritten argument supporting or opposing the question. The 8 argument shall be printed on 29.8 square inches of the 9 voters' pamphlet if the argument is accompanied by either a 10 payment of $300 or a petition in a form prescribed by the 11 Board containing the signatures of 1,000 electors eligible to 12 vote on the question. Each person signing the petition shall 13 subscribe to a statement that the person has read and agrees 14 with the argument. The signatures on each petition shall be 15 verified by the Board in the manner provided in Section 28-11 16 of this Code. The petition shall be filed with the Board. 17 (10 ILCS 5/12A-125 new) 18 Sec. 12A-125. Author of argument, author's organization, 19 and disclaimer to be included in voters' pamphlet. The Board 20 shall include in the voters' pamphlet on the page of the 21 printed argument on a public question the name of the person 22 who submitted the argument, the name of the organization the 23 person represents, if any, whether the argument supports or 24 opposes the question, and a disclaimer in substantially the 25 following form: 26 "THE PRINTING OF THIS ARGUMENT DOES NOT CONSTITUTE AN 27 ENDORSEMENT BY THE STATE OF ILLINOIS, NOR DOES THE STATE 28 WARRANT THE ACCURACY OR TRUTH OF ANY STATEMENT MADE IN 29 THE ARGUMENT." 30 (10 ILCS 5/12A-135 new) 31 Sec. 12A-135. Radio and television broadcasts to 32 supplement pamphlet. The Board may supplement the regular HB2374 Engrossed -16- LRB9103392MWgc 1 election voters' pamphlet by broadcasting by radio or 2 television, material specified in this Section at times the 3 Board determines suitable during the 4 weeks immediately 4 preceding the election at which statewide public questions 5 are to be submitted to the People. The material provided by 6 broadcast shall include only the following: 7 (1) The public question as it will appear on the 8 ballot. 9 (2) A summary of the explanatory statements filed 10 relating to each statewide question. 11 (10 ILCS 5/12A-140 new) 12 Sec. 12A-140. County voters' pamphlet. When directed by 13 resolution of the county board, the election authority of any 14 county shall prepare, print, and distribute a county voters' 15 pamphlet for any regular election. 16 (10 ILCS 5/12A-145 new) 17 Sec. 12A-145. Information required to be included in 18 county voters' pamphlet; deadline for distribution. 19 (a) If a county produces a county voters' pamphlet, the 20 county voters' pamphlet shall include, when applicable, at 21 least the following information: 22 (1) A sample ballot containing the names of 23 candidates for all offices and all public questions as 24 they will appear on the ballot in the county. 25 (2) Requirements for a citizen to qualify as an 26 elector. 27 (3) Requirements for registration, transfer of 28 registration, and re-registration. 29 (4) Instructions as to how an elector may obtain and 30 use an absentee ballot. 31 (5) A statement that the voters' pamphlet may be 32 used to assist electors at the polls. HB2374 Engrossed -17- LRB9103392MWgc 1 (6) Elector instructions, including the right of an 2 elector to request a second ballot if the first ballot is 3 spoiled, the right of an elector to take into the voting 4 booth a sample ballot marked in advance, and the right of 5 an elector to seek assistance of the judges of election 6 or someone of the elector's own choosing, other than the 7 elector's employer or agent of that employer or officer 8 or agent of the elector's union, in marking the ballot. 9 (7) The hours that the polling places are open. 10 (8) Any portraits and statements relating to 11 candidates submitted under the provisions of this 12 Article. 13 (9) Any public questions as they will appear on the 14 ballot, explanatory statements, and arguments submitted 15 under the provisions of this Article. 16 (10) A listing of the polling places. 17 (11) Any other information that the election 18 authority considers to be appropriate or necessary to 19 inform the voters. 20 (b) The election authority shall mail or otherwise 21 distribute the county voters' pamphlet not later than the 7th 22 day before the election. 23 (10 ILCS 5/12A-150 new) 24 Sec. 12A-150. Schedule and procedures for producing and 25 distributing county voters' pamphlet; fees. 26 (a) The State Board of Elections shall by rule adopt a 27 schedule and procedures for preparing, printing, and 28 distributing county voters' pamphlets. The schedule and 29 procedures shall include, but not be limited to, deadlines 30 for filing material for the voters' pamphlet and except as 31 otherwise provided by law, the format of material to be 32 submitted and the size and other requirements applicable to 33 candidate portraits. HB2374 Engrossed -18- LRB9103392MWgc 1 (b) The Board shall by rule adopt a schedule of fees to 2 be charged by the election authority for including portraits 3 of candidates, statements, and arguments in the voters' 4 pamphlet. The fees need not reflect the actual cost of 5 producing the voters' pamphlet. The election authority shall 6 refund the filing fee to any person who applies for the 7 refund not later than the last day for filing material for 8 inclusion in the voters' pamphlet. When a refund is made, the 9 material for which the fee was paid shall not be included in 10 the pamphlet. 11 (10 ILCS 5/12A-155 new) 12 Sec. 12A-155. Filing portrait and statement by or for 13 candidate in county voters' pamphlet. Not later than the date 14 specified by the Board, any candidate for election at any 15 regular election within the county, or an agent of the 16 candidate, may file with the election authority of a county 17 that prepares a county voters' pamphlet a portrait of the 18 candidate and a typewritten statement of the reasons the 19 candidate should be elected. The portrait and statement must 20 comply with the applicable rules of the Board. The election 21 authority shall not accept the filing of a statement or 22 portrait of any candidate unless the filing is accompanied by 23 the appropriate fee as prescribed by the Board. 24 (10 ILCS 5/12A-160 new) 25 Sec. 12A-160. Explanatory statement in county voters' 26 pamphlet. Not later than the date specified by the Board, in 27 a county that prepares a county voters' pamphlet, the 28 proponents of a public question that will appear on the 29 ballot shall submit an impartial, simple, and understandable 30 statement explaining the public question and its effect. 31 (10 ILCS 5/12A-165 new) HB2374 Engrossed -19- LRB9103392MWgc 1 Sec. 12A-165. Filing arguments for or against public 2 question in county voters' pamphlet. 3 (a) Not later than the date specified by the Board by 4 rule, in a county that prepares a county voters' pamphlet, 5 any person may file with the election authority a typewritten 6 argument supporting or opposing any public questions to be 7 submitted to the voters on the ballot. The election authority 8 shall not accept any arguments that are not accompanied by 9 the fee established by the Board or a petition in a form 10 prescribed by the Board. A petition shall contain the 11 signatures of at least 4% of the electors in the county 12 eligible to vote on the question to which the argument 13 refers, or the signatures of 1,000 electors in the county 14 eligible to vote on the question to which the argument 15 refers, whichever is less. The number of registered electors 16 in an electoral district, for the purposes of this Section, 17 shall be calculated on January 1 of each year. Each person 18 signing the petition shall subscribe to a statement that the 19 person has read and agrees with the argument. The petition 20 shall be filed with the election authority. 21 (b) The election authority shall include in the county 22 voters' pamphlet, on the page of the printed argument, the 23 name of the person who submitted the argument, the name of 24 the organization the person represents, if any, whether the 25 argument supports or opposes the measure, and a disclaimer 26 that the argument does not constitute an indorsement by the 27 county and that the county does not warrant the accuracy or 28 truth of any statement made in the argument. 29 (10 ILCS 5/12A-170 new) 30 Sec. 12A-170. Cost of pamphlet preparation. All fees 31 collected by an election authority under this Act shall be 32 transmitted to the State Board of Elections, as provided by 33 rule of the Board, and deposited by the Board into the HB2374 Engrossed -20- LRB9103392MWgc 1 General Revenue Fund. The State Board of Elections shall 2 reimburse the election authority for the actual costs of 3 preparing, printing, and distributing the county voters' 4 pamphlet from an appropriation made by the General Assembly. 5 (10 ILCS 5/12A-175 new) 6 Sec. 12A-175. Content of statements and arguments; 7 notice of material that may be excluded. 8 (a) Statements and arguments submitted for inclusion in 9 a county voters' pamphlet by a candidate, political party, 10 political committee, or other person supporting or opposing a 11 measure shall consist only of words or numbers. 12 (b) The election authority shall specify on any 13 instructions for filing a statement, argument, or other 14 material in the county voters' pamphlet that the statement, 15 argument, or material may be excluded under Section 12A-50. 16 (10 ILCS 5/12A-180 new) 17 Sec. 12A-180. Names of persons or organizations excluded 18 from arguments and statements; exceptions. 19 (a) Except as provided in subsection (b) of this 20 Section, the election authority shall not print the name of 21 any person or organization in any argument supporting or 22 opposing any public question or any statement of any 23 candidate, filed for inclusion in a county voters' pamphlet, 24 if the name of the person or organization is cited as 25 supporting or endorsing the argument or statement. 26 (b) The election authority may print the name of a 27 person or organization in an argument or statement submitted 28 for inclusion in a county voters' pamphlet as supporting or 29 endorsing the argument or statement if: 30 (1) not later than the deadline for filing an 31 argument or statement with the election authority, the 32 election authority receives a statement signed by the HB2374 Engrossed -21- LRB9103392MWgc 1 person, or by an authorized person on behalf of an 2 organization, stating that the person consents to the use 3 of the name of the person or organization; or 4 (2) the name of a person or organization is used 5 with a quotation made by the person on behalf of the 6 person or by an authorized person on behalf of an 7 organization, the quotation was disseminated to the 8 public prior to its inclusion in the argument or 9 statement, and the quotation is identified by its source 10 and date. 11 (c) A person shall not submit a false signature under 12 subsection (b) of this Section. 13 (10 ILCS 5/12A-185 new) 14 Sec. 12A-185. Type of material to be excluded from 15 county voters' pamphlet; liability for libel; procedure if 16 material excluded. 17 (a) The election authority shall reject any statement, 18 argument, or other matter offered for filing and printing in 19 a county voters' pamphlet that: 20 (1) contains any obscene, profane, or defamatory 21 language; 22 (2) incites or advocates hatred, abuse, or violence 23 toward any person or group; or 24 (3) contains any language that may not legally be 25 circulated through the mails. 26 (b) Nothing in this Article shall make the author of any 27 statement or argument exempt from any civil or criminal 28 action because of any defamatory statements offered for 29 printing or contained in the voters' pamphlet. The persons 30 writing, signing, or offering a statement or argument for 31 filing shall be deemed its authors and publishers. 32 (c) The Board shall by rule establish a procedure to 33 notify a person who offered a statement, argument, or other HB2374 Engrossed -22- LRB9103392MWgc 1 matter that was rejected under this Section. Subject to 2 voters' pamphlet deadlines, the procedure shall require the 3 election authority to: 4 (1) make reasonable attempts to notify the person 5 of the rejection; and 6 (2) allow the person, if notified under paragraph 7 (1) of this subsection, to revise the statement so that 8 it does not violate the provisions of this Section. 9 (10 ILCS 5/12A-190 new) 10 Sec. 12A-190. Format of candidate's statement in county 11 voters' pamphlet. The candidate's statement in a county 12 voters' pamphlet shall begin with a summary of the following: 13 occupation, educational and occupational background, and 14 prior governmental experience. 15 (10 ILCS 5/12A-195 new) 16 Sec. 12A-195. Exemption from public records law; county 17 voters' pamphlet. Notwithstanding any other provisions of law 18 relating to public records, materials filed by a candidate 19 for inclusion in a county voters' pamphlet and arguments 20 supporting or opposing a public question filed by any person 21 for inclusion in a county voters' pamphlet are exempt from 22 public inspection until the 4th business day after the final 23 date for filing the materials. 24 (10 ILCS 5/12A-200 new) 25 Sec. 12A-200. Statements and arguments inadmissible in 26 action to enjoin publication of county voters' pamphlet. 27 Material submitted for inclusion in any county voters' 28 pamphlet shall not be admitted as evidence in any suit or 29 action against the election authority to restrain or enjoin 30 the publication of the voters' pamphlet. HB2374 Engrossed -23- LRB9103392MWgc 1 INDEX 2 Statutes amended in order of appearance 3 10 ILCS 5/Art. 12A heading new 4 10 ILCS 5/12A-1 new 5 10 ILCS 5/12A-5 new 6 10 ILCS 5/12A-10 new 7 10 ILCS 5/12A-15 new 8 10 ILCS 5/12A-20 new 9 10 ILCS 5/12A-25 new 10 10 ILCS 5/12A-30 new 11 10 ILCS 5/12A-35 new 12 10 ILCS 5/12A-40 new 13 10 ILCS 5/12A-45 new 14 10 ILCS 5/12A-50 new 15 10 ILCS 5/12A-55 new 16 10 ILCS 5/12A-60 new 17 10 ILCS 5/12A-65 new 18 10 ILCS 5/12A-70 new 19 10 ILCS 5/12A-75 new 20 10 ILCS 5/12A-80 new 21 10 ILCS 5/12A-85 new 22 10 ILCS 5/12A-90 new 23 10 ILCS 5/12A-95 new 24 10 ILCS 5/12A-100 new 25 10 ILCS 5/12A-105 new 26 10 ILCS 5/12A-110 new 27 10 ILCS 5/12A-115 new 28 10 ILCS 5/12A-120 new 29 10 ILCS 5/12A-125 new 30 10 ILCS 5/12A-130 new 31 10 ILCS 5/12A-135 new 32 10 ILCS 5/12A-140 new 33 10 ILCS 5/12A-145 new 34 10 ILCS 5/12A-150 new HB2374 Engrossed -24- LRB9103392MWgc 1 10 ILCS 5/12A-155 new 2 10 ILCS 5/12A-160 new 3 10 ILCS 5/12A-165 new 4 10 ILCS 5/12A-170 new 5 10 ILCS 5/12A-175 new 6 10 ILCS 5/12A-180 new 7 10 ILCS 5/12A-185 new 8 10 ILCS 5/12A-190 new 9 10 ILCS 5/12A-195 new 10 10 ILCS 5/12A-200 new