HB4624 103RD GENERAL ASSEMBLY

LRB103 38169 SPS 68302 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4624

Introduced 1/31/2024, by Rep. Jennifer Gong-Gershowitz

SYNOPSIS AS INTRODUCED:

10 ILCS 5/29-4	from Ch. 46, par. 29-4
10 ILCS 5/29-18	from Ch. 46, par. 29-18

Amends the Election Code. In provisions concerning the prevention of voting or candidate support and conspiracy to prevent voting, provides that the term "deception or forgery" includes, but is not limited to the creation and distribution of a digital replica or deceptive social media content that a reasonable person would incorrectly believe is a true depiction of an individual, is made by a government official or candidate for office within the State, or is an announcement or communication made by a government agency and that is reasonably likely to dissuade a voter from registering to vote or lawfully voting, supporting, or opposing the nomination or election of any person for public office or any public question voted upon in any election. Defines additional terms. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 29-4 and 29-18 as follows:

(10 ILCS 5/29-4) (from Ch. 46, par. 29-4)

Sec. 29-4. Prevention of voting or candidate support.

(a) Any person who, by force, intimidation, threat, deception or forgery, knowingly prevents any other person from (a) registering to vote, or (b) lawfully voting, supporting or opposing the nomination or election of any person for public office or any public question voted upon at any election, shall be guilty of a Class 4 felony.

(b) As used in this Section:

"Artificial intelligence" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectives. "Artificial intelligence" includes generative artificial intelligence.

"Deception or forgery" includes, but is not limited to:

(1) the creation and distribution of a digital replica of an individual generated by artificial intelligence that a reasonable person would incorrectly believe to be a true depiction of that individual and that is reasonably likely to dissuade a voter from registering to vote or lawfully voting, supporting, or opposing the nomination or election of any person for public office or any public question voted upon in an election;

(2) the creation and distribution of deceptive social media content that a reasonable person would incorrectly believe is an announcement or communication made by a government agency and that is reasonably likely to dissuade a voter from registering to vote or lawfully voting, supporting, or opposing the nomination or election of any person for public office or any public question voted upon in an election; and

(3) the creation and distribution of deceptive social media content that a reasonable person would incorrectly believe is made by a government official or candidate for office in this State and that is reasonably likely to dissuade a voter from registering to vote or lawfully voting, supporting, or opposing the nomination or election of any person for public office or any public question voted upon in an election.

"Digital replica" means any audio or visual material that has been created, materially manipulated, altered, or annotated to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual that a reasonable person would incorrectly believe to be a true depiction of that individual and that falsely depicts an individual engaged in speech or conduct in which the depicted individual did not engage.

"Generative artificial intelligence" means an automated computing system that when prompted with human prompts, descriptions, or queries can produce outputs that simulate human-produced content, including, but not limited to, the following:

(1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers;

(2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images;

(3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and

(4) other content that could be otherwise produced by human means.

(Source: P.A. 78-887.)

(10 ILCS 5/29-18) (from Ch. 46, par. 29-18)

Sec. 29-18. Conspiracy to prevent vote - Liability).

(a) If 2 or more persons conspire to prevent by force, intimidation, threat, deception, forgery or bribery any person from registering to vote, or preventing any person lawfully entitled to vote from voting, or preventing any person from supporting or opposing, in a legal manner, the nomination or election of any person for public or political party office, or a proposition voted upon at any election, or to injure any person or such person's property on account of such vote, support or advocacy, and if one or more persons so conspiring do, attempt or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property or deprived of having or exercising any right, privilege or immunity secured by the Constitution or laws of the United States or the State of Illinois relating to the conduct of elections, voting, or the nomination or election of candidates for public or political party office, all persons engaged in such conspiracy shall be liable to the party injured or any person affected, in any action or proceeding for redress.

(b) As used in this Section:

"Artificial intelligence" means a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectives. "Artificial intelligence" includes generative artificial intelligence.

"Deception or forgery" includes, but is not limited to:

(1) the creation and distribution of a digital replica of an individual generated by artificial intelligence that a reasonable person would incorrectly believe to be a true depiction of that individual and that is reasonably likely to dissuade a voter from registering to vote or lawfully voting, supporting, or opposing the nomination or election of any person for public office or any public question voted upon in an election;

(2) the creation and distribution of deceptive social media content that a reasonable person would incorrectly believe is an announcement or communication made by a government agency and that is reasonably likely to dissuade a voter from registering to vote or lawfully voting, supporting, or opposing the nomination or election of any person for public office or any public question voted upon in an election; and

(3) the creation and distribution of deceptive social media content that a reasonable person would incorrectly believe is made by a government official or candidate for office in this State and that is reasonably likely to dissuade a voter from registering to vote or lawfully voting, supporting, or opposing the nomination or election of any person for public office or any public question voted upon in an election.

"Digital replica" means any audio or visual material that has been created, materially manipulated, altered, or annotated to appear to be a realistic record of an act, speech, conduct, absence, or appearance of an individual that a reasonable person would incorrectly believe to be a true depiction of that individual and that falsely depicts an individual engaged in speech or conduct in which the depicted individual did not engage.

"Generative artificial intelligence" means an automated computing system that when prompted with human prompts, descriptions, or queries can produce outputs that simulate human-produced content, including, but not limited to, the following:

(1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers;

(2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images;

(3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and

(4) other content that could be otherwise produced by human means.

(Source: P.A. 79-1363.)

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