093_SB1870

 
                                     LRB093 10974 JAM 11578 b

 1        AN ACT concerning voters' guides.

 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' GUIDES

 8        (10 ILCS 5/12A-2 new)
 9        Sec.  12A-2. Definitions. As used in this Article, unless
10    the context otherwise requires:
11        "Board" means the State Board of Elections.
12        "Internet Guide" refers to  information  disseminated  by
13    the  State  Board  of  Elections  on  a  website, pursuant to
14    Section 12A-5.
15        "Local election authority" means a county clerk or  board
16    of election commissioners.
17        "Local  insert" refers to information disseminated by the
18    State Board of Elections in printed form, pursuant to Section
19    12A-30.
20        "Public  question"  or  "question"  means  any  question,
21    proposition, or referendum  submitted  to  the  voters  under
22    Article 28 of this Code.
23        "Publication date of the Statewide Guide" shall be set by
24    the  State Board of Elections, in reference to the date after
25    which the publication schedule forbids further edits  to  the
26    Statewide Guide.
27        "Statewide  candidate" means any candidate who runs for a
28    statewide office, including  Governor,  Lieutenant  Governor,
29    Attorney General, Secretary of State, Treasurer, Comptroller,
30    United States President, or United States Senator.
 
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 1        "Statewide  Guide"  refers to information disseminated by
 2    the State Board of Elections in  printed  form,  pursuant  to
 3    Section 12A-20.
 4        "Voters' guide" means any information disseminated by the
 5    State  Board  of Elections pursuant to Section 12A-5, 12A-20,
 6    or 12A-30.

 7        (10 ILCS 5/12A-5 new)
 8        Sec. 12A-5. Internet Guide. The Board shall  publish,  no
 9    later  than the 45th day before a general election in which a
10    statewide  candidate  appears  on  the  ballot,  an  Internet
11    website with the following information:
12             (1)  The date and time of the general election.
13             (2)  Requirements for a citizen  to  qualify  as  an
14        elector.
15             (3)  The  deadline  for registering as an elector in
16        the State of Illinois for the next election.
17             (4)  Contact   information   for   local    election
18        authorities.
19             (5)  A  description  of  the following offices, when
20        they appear  on  the  ballot,  including  their  term  of
21        office,  basic  duties,  and  base  salary: United States
22        President,   United   States   Senator,   United   States
23        Representative, Governor, Lieutenant  Governor,  Attorney
24        General,  Secretary  of  State,  Treasurer,  Comptroller,
25        Illinois  Supreme Court Justice, Illinois Appellate Court
26        Judge, and other offices at the Board's discretion.
27             (6)  The names and party affiliations  of  qualified
28        candidates  for the following offices, when these offices
29        appear on the ballot:  United  States  President,  United
30        States  Senator,  United States Representative, Governor,
31        Lieutenant  Governor,  Attorney  General,  Secretary   of
32        State,  Treasurer,  Comptroller,  Illinois  Supreme Court
33        Justice,  Illinois  Appellate  Court  Judge,  and   other
 
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 1        offices at the Board's discretion.
 2             (7)  Challenged   candidates.  Where  a  candidate's
 3        right to appear on the general election ballot  has  been
 4        challenged,  and  any  appeal  remains  pending regarding
 5        those challenges, the challenged candidate may appear  on
 6        the  Internet  Guide,  subject to the other provisions of
 7        Section 12A-10. In this instance, the Board may note that
 8        the candidate's candidacy has been challenged and that he
 9        or she may be removed from the ballot prior  to  election
10        day. If the candidate is removed from the ballot prior to
11        election day, the Board shall remove the candidate's name
12        and other information from the Internet Guide.
13             (8)  Any personal statement and photograph submitted
14        by  a  candidate  named in the Internet Guide, subject to
15        Sections 12A-10 and 12A-35.
16             (9)  A means by which an elector may determine  what
17        type  of  balloting equipment is used by his or her local
18        election authority, and  the  instructions  for  properly
19        using that equipment.
20             (10)  The  text  of  any  public  question  that may
21        appear on the ballot.
22             (11)  A mechanism by which electors may determine in
23        which congressional, legislative, and judicial  districts
24        they  reside.  The Internet Guide shall allow visitors to
25        search for candidates by office  group  (e.g.,  statewide
26        executive,  or  General Assembly), office (e.g., Governor
27        or State Senator), district (e.g.,  specific  legislative
28        seats), and candidate's name.
29        The  Board  shall  archive  the  contents of the Internet
30    Guide for a period of at least 5 years.

31        (10 ILCS 5/12A-10 new)
32        Sec. 12A-10. Candidate statements and photographs in  the
33    Internet Guide.
 
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 1        (a)  Any  candidate  whose  name  appears in the Internet
 2    Guide may submit a written  statement  and  a  photograph  to
 3    appear in the Internet Guide, provided that:
 4             (1)  No personal statement may exceed 400 words.
 5             (2)  Personal   statements   may   include   contact
 6        information  for the candidate, including the address and
 7        phone  number  of  the  campaign  headquarters,  and  the
 8        candidate's website.
 9             (3)  Personal   statements   may   not   mention   a
10        candidate's opponents by name.
11             (4)  No personal statement may include language that
12        may not be legally sent through the mail.
13             (5)  The  photograph   shall   be   a   conventional
14        photograph  with  a  plain  background  and show only the
15        face, or the head, neck, and shoulders, of the candidate.
16             (6)  The  photograph  shall   not   (i)   show   the
17        candidate's  hands, anything in the candidate's hands, or
18        the candidate wearing  a  judicial  robe,  a  hat,  or  a
19        military,  police,  or  fraternal uniform or (ii) include
20        the uniform or insignia of any organization.
21        (b)  The Board must note in  the  text  of  the  Internet
22    Guide   that   personal  statements  were  submitted  by  the
23    candidate or his or her designee and were not edited  by  the
24    Board.
25        (c)  Where  a  candidate  declines to submit a statement,
26    the Board may note that the candidate declined  to  submit  a
27    statement.
28        (d)  The  candidate must pay $200 for inclusion of his or
29    her personal statement and photograph, and  the  Board  shall
30    not  include photographs or statements from candidates who do
31    not pay the fee. The Board may adopt rules for refunding that
32    fee at the candidate's request, provided that the  Board  may
33    not  include  a  statement or photograph from a candidate who
34    has requested a refund of a fee, and provided also  that  the
 
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 1    Board  may  not  refund  a  fee for inclusion in the Internet
 2    Guide after the publication date of the Statewide Guide.
 3        (e)  Anyone  other  than  the  candidate   submitting   a
 4    statement  or photograph from a candidate must attest that he
 5    or she is doing so on behalf and  at  the  direction  of  the
 6    candidate.  The Board may assess a civil fine of no more than
 7    $1,000 against a person  or  entity  who  falsely  submits  a
 8    statement or photograph not authorized by the candidate.
 9        (f)  Nothing  in  this  Article  makes  the author of any
10    statement exempt from any civil or criminal action because of
11    any defamatory statements offered for posting or contained in
12    the Internet Guide. The persons writing, signing, or offering
13    a statement for inclusion in the Internet Guide are deemed to
14    be its authors and publishers, and the  Board  shall  not  be
15    liable  in  any case or action relating to the content of any
16    material submitted by any candidate.
17        (g)  The Board  may  set  reasonable  deadlines  for  the
18    submission  of  personal statements and photographs, provided
19    that a deadline may not be less than 5  business  days  after
20    the last day for filing new party petitions.
21        (h)  The  Board  may  set  formats  for the submission of
22    statements  and  photographs.  The  Board  may  require  that
23    statements and photographs are  submitted  in  an  electronic
24    format.

25        (10 ILCS 5/12A-15 new)
26        Sec. 12A-15. Language. The Board may translate all of the
27    material  it  is  required  to provide for the Internet Guide
28    into other languages as it deems necessary to comply with the
29    federal Voting Rights Act or at its discretion.  Visitors  to
30    the  site  shall  have the option of viewing the Guide in all
31    languages  into  which  the  Guide   has   been   translated.
32    Candidates   may,   at   their  option  and  expense,  submit
33    statements in languages other than English. The  Board  shall
 
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 1    not be responsible for translating candidate statements.

 2        (10 ILCS 5/12A-20 new)
 3        Sec 12A-20. Statewide Guide.
 4        (a)  By  majority  vote of the members of the State Board
 5    of Elections, the Board may publish a printed voters' guide.
 6        (b)  The Board shall print at least as many copies of the
 7    guide as are necessary to mail one copy to every household in
 8    Illinois. The Board may  also  print  additional  copies  for
 9    distribution through other means.
10        (c)  A  copy  of  the  Statewide Guide shall be mailed to
11    every household in Illinois no later than 45  days  prior  to
12    the general election.
13        (d)  A Statewide Guide must include:
14             (1)  The date and time of the election.
15             (2)  Qualifications   for   becoming   a  registered
16        elector in the State of Illinois.
17             (3)  The deadline for registering as an  elector  in
18        the State of Illinois for the next election.
19             (4)  Instructions   for   electors  who  have  moved
20        between  jurisdictions  of   different   local   election
21        authorities and who wish to maintain their registration.
22             (5)  How Illinois residents may contact the Board by
23        telephone, by mail, and by Internet.
24             (6)  A  description  of  the following offices, when
25        they appear  on  the  ballot,  including  their  term  of
26        office,  basic  duties,  and  base  salary: United States
27        President, United States  Senator,  Governor,  Lieutenant
28        Governor,   Attorney   General,   Secretary   of   State,
29        Treasurer,   Comptroller,   and  Illinois  Supreme  Court
30        Justice.
31             (7)  The names and party affiliations  of  qualified
32        candidates  for the following offices, when these offices
33        appear on the ballot:  United  States  President,  United
 
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 1        States  Senator,  Governor, Lieutenant Governor, Attorney
 2        General, Secretary of State, Treasurer, Comptroller,  and
 3        Illinois Supreme Court Justice.
 4        (8)  Challenged  candidates. Where a candidate's right to
 5    appear on the ballot has  been  challenged,  and  any  appeal
 6    remains  pending  regarding  those challenges, the challenged
 7    candidate may appear in the Statewide Guide, subject  to  the
 8    other  provisions  of  Section  12A-10. In this instance, the
 9    Board may  note  that  the  candidate's  candidacy  has  been
10    challenged  and that he or she may be removed from the ballot
11    prior to election day. If a challenged candidate  is  removed
12    from  the  ballot  prior  to  the  publication  date  of  the
13    Statewide  Guide,  the Board shall remove that candidate from
14    the Statewide Guide and shall refund any fees  paid  by  that
15    candidate   to  include  statements  or  photographs  in  the
16    Statewide Guide.
17             (9)  Any personal statement and photograph submitted
18        by a candidate listed in the Statewide Guide, subject  to
19        Sections 12A-25 and 12A-35.
20             (10)  A   description  of  the  different  types  of
21        balloting equipment used in Illinois and instructions for
22        using that equipment.
23             (11)  The text  of  any  public  question  that  may
24        appear on the ballot.
25             (12)  A voter registration form.
26             (13)  Reference   to  the  website  address  of  the
27        Internet Guide.

28        (10 ILCS 5/12A-25 new)
29        Sec. 12A-25. Candidate statements and photographs in  the
30    Statewide Guide.
31        (a)  Any  candidate  whose  name appears in the Statewide
32    Guide may submit a written  statement  and  a  photograph  to
33    appear in the Statewide Guide, provided that:
 
                            -8-      LRB093 10974 JAM 11578 b
 1             (1)  No candidate statement or photograph may appear
 2        in  the  Statewide  Guide  if  the  candidate declines to
 3        submit a statement or photograph to the Internet Guide or
 4        if he or she seek a refund of the fee  for  the  Internet
 5        Guide.
 6             (2)  No personal statement may exceed 400 words.
 7             (3)  Personal   statements   may   include   contact
 8        information  for the candidate, including the address and
 9        phone  number  of  the  campaign  headquarters,  and  the
10        candidate's website.
11             (4)  Personal   statements   may   not   mention   a
12        candidate's opponents by name.
13             (5)  No personal statement may include language that
14        may not be legally sent through the mail.
15             (6)  The  photograph   shall   be   a   conventional
16        photograph  with  a  plain background and shall show only
17        the face, or  the  head,  neck,  and  shoulders,  of  the
18        candidate.
19             (7)  The   photograph   shall   not   (i)  show  the
20        candidate's hands, anything in the candidate's hands,  or
21        the  candidate  wearing  a  judicial  robe,  a  hat, or a
22        military, police, or fraternal uniform  or  (ii)  include
23        the uniform or insignia of any organization.
24        (b)  The  Board  must  note  in the text of the Statewide
25    Guide the name of the person or organization  that  submitted
26    the   personal   statements  and  photographs  and  that  the
27    statement was not edited by the Board.
28        (c)  Where a candidate declines to  submit  a  statement,
29    the  Board  may  note that the candidate declined to submit a
30    statement.
31        (d)  The candidate or his or her designee must  pay  $300
32    for   inclusion   of   his  or  her  personal  statement  and
33    photograph.  The  Board  shall  not  include  photographs  or
34    statements  from candidates who do not pay the fee. The Board
 
                            -9-      LRB093 10974 JAM 11578 b
 1    may adopt rules for refunding that  fee  at  the  candidate's
 2    request,  provided that the Board may not include a statement
 3    or photograph from a candidate who has requested a refund  of
 4    a fee.
 5        (e)  Anyone  submitting  a statement or photograph from a
 6    candidate must attest that he or she is doing so on behalf of
 7    the candidate. The Board may assess a civil fine of  no  more
 8    than  $1,000 against a person or entity who falsely submits a
 9    statement or photograph not authorized by the candidate.
10        (f)  Nothing in this Article  makes  the  author  of  any
11    statement exempt from any civil or criminal action because of
12    any   defamatory   statements   offered  for  publication  or
13    contained  in  the  Statewide  Guide.  The  persons  writing,
14    signing,  or  offering  a  statement  for  inclusion  in  the
15    Statewide Guide are deemed to be its authors and publishers.
16        (g)  The Board may set deadlines for  the  submission  of
17    personal   statements  and  photographs,  provided  that  the
18    deadline is not less than 5 business days  after  the  filing
19    deadline for new party petitions.
20        (h)  The   Board  may  set  reasonable  formats  for  the
21    submission of  statements  and  photographs.  The  Board  may
22    require  that  statements and photographs are submitted in an
23    electronic format.

24        (10 ILCS 5/12A-30 new)
25        Sec. 12A-30. Local inserts.
26        (a)  Notwithstanding any other law to  the  contrary,  if
27    the  Board  chooses to issue a Statewide Guide, the Board may
28    also choose to enter into intergovernmental  agreements  with
29    local  election  authorities,  to include a local insert with
30    the copies of the Statewide Guide mailed to addresses  within
31    the jurisdiction of the local election authority.
32        (b)  Local  inserts  qualifying  for  inclusion  with the
33    Statewide Guide must include the following information:
 
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 1             (1)  The names and party affiliations  of  qualified
 2        candidates  for  United  States  Representative, Illinois
 3        Appellate  Court  Judge,   State   Senator,   and   State
 4        Representative.
 5             (2)  Other  offices on the ballot, at the discretion
 6        of the local election authority.
 7             (3)  Personal statements of candidates named in  the
 8        Guide, submitted in accordance with subsection (c).
 9             (4)  The  location  of polling places. This list may
10        indicate which polling places are handicapped accessible.
11             (5)  The   rights   of   handicapped    voters    in
12        non-accessible polling places.
13             (6)  A change of address form, for electors who have
14        moved  within  the  boundaries of the jurisdiction of the
15        local election authority.
16             (7)  A judge of elections application.
17             (8)  How an elector can qualify for  and  obtain  an
18        absentee ballot.
19             (9)  A   description   of   the  type  of  balloting
20        equipment used by the local election  authority  and  the
21        instructions for using that equipment.
22             (10)  Other information at the Board's discretion.
23        (c)  The  Board may set standards for including candidate
24    statements and photographs, provided that:
25             (1)  The standards are substantially similar to  the
26        standards for inclusion in the Statewide Guide.
27             (2)  No candidate may appear in a local insert if he
28        or  she  declines  to  submit a statement to the Internet
29        Guide or if he or she seeks a refund of the fee  for  the
30        Internet Guide.
31             (3)  The fee for submitting a personal statement and
32        photograph  for the local insert is $100. The fee must be
33        paid to  the  Board,  and  the  Board  must  credit  that
34        proportion of the candidate's fee equal to the proportion
 
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 1        of   the   candidate's  district  that  lies  within  the
 2        jurisdiction of the local election authority against  any
 3        fees due to the Board from the local election authority.
 4        (d)  The  Board  may  allow a local election authority to
 5    submit  different  inserts  for  different  portions  of  its
 6    jurisdiction, provided that:
 7             (1)  Every  part  of   the   jurisdiction   receives
 8        information about the same offices on the ballot.
 9             (2)  The  division  follows a rational basis related
10        to the work of the  local  election  authority,  such  as
11        dividing  the  jurisdiction  along congressional district
12        lines.
13             (3)  The division serves to reduce the size  of  the
14        insert  and  to  tailor  the  information included to the
15        individual ballots of voters in different  parts  of  the
16        jurisdiction.
17        (d)  The  Board may specify the style, format, and design
18    of the local insert to ensure uniformity with  the  Statewide
19    Guide.
20        (e)  The  Board may charge local election authorities who
21    agree to submit local inserts the following fees:
22             (1)  The incremental postage  cost  of  mailing  the
23        additional pages associated with the local insert.
24             (2)  The cost of printing the local insert.
25        The  Board  may,  at its discretion, allow local election
26    authorities to print their own inserts. If the Board  chooses
27    to  allow  local  election  authorities  to  print  their own
28    inserts, the Board may charge the  local  election  authority
29    the  cost  of  collating the insert with the Statewide Guide.
30    Inserts printed by local  election  authorities  must  comply
31    with all rules set for inserts printed by the Board.

32        (10 ILCS 5/12A-35 new)
33        Sec.  12A-35.  Board's review of candidate photograph and
 
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 1    statement; procedure for revision.
 2        (a)  If a candidate  files  a  photograph  and  statement
 3    under item (8) of Section 12A-5 or item (9) of subsection (d)
 4    of Section 12A-20 for inclusion in a voters' guide, the Board
 5    shall review the photograph and statement to ensure that they
 6    comply  with  the  requirements  of Section 12A-10 or Section
 7    12A-25, as applicable. Review by the Board under this Section
 8    shall be limited to determining whether  the  photograph  and
 9    statement  comply  with the requirements of Section 12A-10 or
10    Section 12A-25 and may not include any determination relating
11    to the accuracy or truthfulness of the substance or  contents
12    of the materials filed.
13        (b)  The Board shall review each photograph and statement
14    not  later  than  3  business days following the deadline for
15    filing a photograph and statement. If  the  Board  determines
16    that  the  photograph  or  statement  of  a candidate must be
17    revised in order to comply with the requirements  of  Section
18    12A-10  or  Section  12A-25,  as  applicable, the Board shall
19    attempt to contact the candidate not later than the  5th  day
20    after  the  deadline for filing a photograph and statement. A
21    candidate contacted by the Board under this Section may  file
22    a  revised  photograph  or  statement  no  later than the 7th
23    business day following the deadline for filing  a  photograph
24    and statement.
25        (c)  If  the  Board  is  required to attempt to contact a
26    candidate under subsection (b) of  this  Section,  the  Board
27    shall  attempt  to  contact  the candidate by telephone or by
28    using an electronic transmission facsimile machine,  if  such
29    contact information is provided by the candidate.
30        (d)  If  the  Board  is unable to contact a candidate, if
31    the  candidate  does  not  file  a  revised   photograph   or
32    statement,  or  if  the  revised  filing under subsection (b)
33    again fails to meet the standards of review set by the Board:
34             (1)  If a photograph does not  comply  with  Section
 
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 1        12A-10  or  Section  12A-25, as applicable, the Board may
 2        modify  the  photograph.  The  candidate  shall  pay  the
 3        expense of any modification  before  publication  of  the
 4        photograph in the voters' guide. If the photograph cannot
 5        be  modified  to comply with Section 12A-10 or 12A-25, as
 6        applicable, the photograph shall not be  printed  in  the
 7        guide.
 8             (2)  If  a  statement  does  not comply with Section
 9        12A-10 or Section 12A-25, as  applicable,  the  statement
10        shall not be printed in the guide.
11        (e)  If  the photograph or statement of a candidate filed
12    under item (8) of Section 12A-5 or item (9) of subsection (d)
13    of Section 12A-20 does  not  comply  with  a  requirement  of
14    Section  12A-10  or  Section  12A-25,  as applicable, and the
15    Board does not  attempt  to  contact  the  candidate  by  the
16    deadline  specified  in  subsection  (b) of this Section, for
17    purposes of this Section only  the  photograph  or  statement
18    shall be printed as filed.
19        (f)  A candidate revising a photograph or statement under
20    this  Section  shall  make  only those revisions necessary to
21    comply with Section 12A-10 or Section 12A-25, as applicable.
22        (g)  The Board may by rule define the term  "contact"  as
23    used in this Section.

24        (10 ILCS 5/12A-40 new)
25        Sec.   12A-40.   Exemption   from  public  records  laws.
26    Notwithstanding any other provision of law,  materials  filed
27    by  a  candidate,  political  party,  political committee, or
28    other person for inclusion in a voters' guide are exempt from
29    public inspection until the 4th business day after the  final
30    date for filing the materials.

31        (10 ILCS 5/12A-45 new)
32        Sec.  12A-45.  Material  submitted  for  inclusion in any
 
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 1    voters' guide may not be admitted as evidence in any suit  or
 2    action   against   the   Board  to  restrain  or  enjoin  the
 3    publication of a voters' guide.

 4        (10 ILCS 5/12A-50 new)
 5        Sec. 12A-50. Order of appearance within the  guides.  For
 6    all  guides  disseminated by the Board, all information about
 7    offices and candidates on the ballot shall be listed together
 8    in the same part of the guide or insert. All  candidates  for
 9    one office, together with their statements and photographs if
10    any,  shall be listed before information on other offices and
11    candidates is listed. To the  extent  possible,  offices  and
12    candidates  shall  be  listed in the same order in which they
13    appear on the ballot.

14        (10 ILCS 5/12A-55 new)
15        Sec. 12A-55.  Constitutional issues. If a  constitutional
16    amendment appears on the ballot, the contents of the pamphlet
17    issued  by  the  Secretary  of  State  under Section 2 of the
18    Illinois Constitutional Amendment Act may be included in  any
19    guide issued by the Board.

20        Section  95.   Severability.   The provisions of this Act
21    are severable under Section 1.31 of the Statute on Statutes.