101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1759

 

Introduced 2/15/2019, by Sen. Steve Stadelman

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-1.5a new
10 ILCS 5/9-1.14
10 ILCS 5/9-9.5
10 ILCS 5/9-9.6 new
10 ILCS 5/9-10.5 new

    Amends the Election Code. Provides that "electioneering communication" also means a digital communication and includes any communication that is placed or promoted on an online platform. Provides the requirements for an online platform. Provides that the requirements do no apply to a news medium or reporter as defined in the Code of Civil Procedure. In provisions concerning disclosures in political communications, provides that a political committee that pays for a specified political communication must be identified conspicuously within the communication. Provides that a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. Provides that each provider of electioneering communications shall make reasonable efforts to ensure that electioneering communications are not purchased by a foreign national, directly or indirectly.


LRB101 10550 SMS 55656 b

 

 

A BILL FOR

 

SB1759LRB101 10550 SMS 55656 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 9-1.14 and 9-9.5 and by adding Sections 9-1.5a, 9-9.6
6and 9-10.5 as follows:
 
7    (10 ILCS 5/9-1.5a new)
8    Sec. 9-1.5a. Online platform. "Online platform" means any
9public-facing website, web application, or digital
10application, including, but not limited to, a social network,
11ad network, or search engine, that:
12        (A) sells electioneering communications; and
13        (B) has 100,000 or more unique monthly Illinois
14    visitors or users for a majority of months during the
15    preceding 12 months.
 
16    (10 ILCS 5/9-1.14)
17    Sec. 9-1.14. Electioneering communication.
18    (a) "Electioneering communication" means, for the purposes
19of this Article, any broadcast, cable, or satellite
20communication, including radio, television, digital, or
21Internet communication, including any communication that is
22placed or promoted on an online platform, that (1) refers to

 

 

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1(i) a clearly identified candidate or candidates who will
2appear on the ballot for nomination for election, election, or
3retention, (ii) a clearly identified political party, or (iii)
4a clearly identified question of public policy that will appear
5on the ballot, (2) is made within (i) 60 days before a general
6election or consolidated election or (ii) 30 days before a
7primary election, (3) is targeted to the relevant electorate,
8and (4) is susceptible to no reasonable interpretation other
9than as an appeal to vote for or against a clearly identified
10candidate for nomination for election, election, or retention,
11a political party, or a question of public policy.
12    (b) "Electioneering communication" does not include:
13        (1) A communication, other than an advertisement,
14    appearing in a news story, commentary, or editorial
15    distributed through the facilities of any legitimate news
16    organization, unless the facilities are owned or
17    controlled by any political party, political committee, or
18    candidate.
19        (2) A communication made solely to promote a candidate
20    debate or forum that is made by or on behalf of the person
21    sponsoring the debate or forum.
22        (3) A communication made as part of a non-partisan
23    activity designed to encourage individuals to vote or to
24    register to vote.
25        (4) A communication by an organization operating and
26    remaining in good standing under Section 501(c)(3) of the

 

 

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1    Internal Revenue Code of 1986.
2        (5) A communication exclusively between a labor
3    organization, as defined under federal or State law, and
4    its members.
5        (6) A communication exclusively between an
6    organization formed under Section 501(c)(6) of the
7    Internal Revenue Code and its members.
8(Source: P.A. 96-832, eff. 7-1-10.)
 
9    (10 ILCS 5/9-9.5)
10    Sec. 9-9.5. Disclosures in political communications.
11    (a) Any political committee, organized under the Election
12Code, that makes an expenditure for a pamphlet, circular,
13handbill, Internet, digital, or telephone communication,
14including any communication which is placed or promoted on an
15online platform, radio, television, or print advertisement, or
16other communication directed at voters and mentioning the name
17of a candidate in the next upcoming election shall ensure that
18the name of the political committee paying for any part of the
19communication, including, but not limited to, its preparation
20and distribution, is identified clearly and conspicuously
21within the communication as the payor. For purposes of this
22Section, a communication does not make a statement in a clear
23and conspicuous manner if it is difficult to read or hear or if
24the placement is easily overlooked. This subsection does not
25apply to items that are too small to contain the required

 

 

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1disclosure. This subsection does not apply to an expenditure
2for the preparation, distribution, or publication of any
3communication directed at constituents of a member of the
4General Assembly if the expenditure is made by a political
5committee in accordance with subsection (c) of Section 9-8.10.
6Nothing in this subsection shall require disclosure on any
7telephone communication using random sampling or other
8scientific survey methods to gauge public opinion for or
9against any candidate or question of public policy.
10    Whenever any vendor or other person provides any of the
11services listed in this subsection, other than any telephone
12communication using random sampling or other scientific survey
13methods to gauge public opinion for or against any candidate or
14question of public policy, the vendor or person shall keep and
15maintain records showing the name and address of the person who
16purchased or requested the services and the amount paid for the
17services. The records required by this subsection shall be kept
18for a period of one year after the date upon which payment was
19received for the services.
20    (b) Any political committee, organized under this Code,
21that makes an expenditure for a pamphlet, circular, handbill,
22Internet, digital, or telephone communication, including any
23communication which is placed or promoted on an online
24platform, radio, television, or print advertisement, or other
25communication directed at voters and (i) mentioning the name of
26a candidate in the next upcoming election, without that

 

 

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1candidate's permission, or (ii) advocating for or against a
2public policy position shall ensure that the name of the
3political committee paying for any part of the communication,
4including, but not limited to, its preparation and
5distribution, is identified clearly and conspicuously within
6the communication. For purposes of this Section, a
7communication does not make a statement in a clear and
8conspicuous manner if it is difficult to read or hear or if the
9placement is easily overlooked. Nothing in this subsection
10shall require disclosure on any telephone communication using
11random sampling or other scientific survey methods to gauge
12public opinion for or against any candidate or question of
13public policy.
14    (c) A political committee organized under this Code shall
15not make an expenditure for any unsolicited telephone call to
16the line of a residential telephone customer in this State
17using any method to block or otherwise circumvent that
18customer's use of a caller identification service.
19(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
 
20    (10 ILCS 5/9-9.6 new)
21    Sec. 9-9.6. Requirements for online platforms.
22    (a) An online platform shall maintain and make available
23for online public inspection in machine readable format, a
24complete record of any request to purchase on the online
25platform an electioneering communication that is made by a

 

 

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1person whose aggregate requests to purchase electioneering
2communications on the online platform during the calendar year
3exceed $500.
4    (b) Any person who requests to purchase an electioneering
5communication on an online platform shall provide the online
6platform with the information necessary for the online platform
7to comply with the requirements of this Section.
8    (c) A record maintained under this Section shall contain:
9        (1) a digital copy of the electioneering
10    communication;
11        (2) a description of the audience targeted by the
12    electioneering communication, the number of views
13    generated from the electioneering communication, and the
14    date and time that the electioneering communication is
15    first displayed and last displayed; and
16        (3) information regarding:
17            (A) the average rate charged for the
18        electioneering communication;
19            (B) the name of the candidate to which the
20        electioneering communication refers and the office to
21        which the candidate is seeking election, the election
22        to which the electioneering communication refers, or
23        the clearly identified question of public policy to
24        which the electioneering communication refers;
25            (C) in the case of a request made by, or on behalf
26        of, a candidate, the name of the candidate, the

 

 

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1        candidate political committee, and the treasurer of
2        the candidate political committee; and
3            (D) in the case of any request not described in
4        subparagraphs (A) through (C), the name of the person
5        purchasing the advertisement; the name, address, phone
6        number, and email address of a contact for each person;
7        and a list of the chief executive officers or members
8        of the executive committee or of the board of directors
9        of each person.
10    (d) The information required by this Section shall be made
11available as soon as is possible and shall be retained by the
12online platform for a period of not less than 4 years.
13    (e) This Section does not apply to a news medium or
14reporter as defined in Section 8-902 of the Code of Civil
15Procedure.
 
16    (10 ILCS 5/9-10.5 new)
17    Sec. 9-10.5. Preventing contributions, expenditures,
18independent expenditures, and disbursements by foreign
19nationals. Each provider of electioneering communications
20shall make reasonable efforts to ensure that electioneering
21communications are not purchased by a foreign national,
22directly or indirectly.