093_HB1329

 
                                     LRB093 10534 RCE 10788 b

 1        AN ACT concerning elections.

 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  changing
 5    Section 9-9.5 and adding Section 29-14.5 as follows:

 6        (10 ILCS 5/9-9.5)
 7        Sec.  9-9.5.   Disclosure  on  political  literature. Any
 8    political action  committee,  organized  under  the  Election
 9    Code,  that  reports an expenditure for a pamphlet, circular,
10    handbill, advertisement, telephonic communication,  or  other
11    communication directed at voters and mentioning the name of a
12    candidate in the next upcoming election shall ensure that the
13    name  of  the  political  action  committee  paying  for  the
14    communication  is identified clearly within the communication
15    as the payer. This Section shall not apply to items that  are
16    too  small  to contain the required disclosure. Any pamphlet,
17    circular,  handbill,  advertisement,   or   other   political
18    literature  that  supports  or  opposes  any public official,
19    candidate for public office, or question of public policy, or
20    that would have the effect  of  supporting  or  opposing  any
21    public  official, candidate for public office, or question of
22    public policy, shall contain the name of  the  individual  or
23    organization  that  authorized, caused to be authorized, paid
24    for, caused to be paid  for,  or  distributed  the  pamphlet,
25    circular,   handbill,   advertisement,   or  other  political
26    literature. If the individual  or  organization  includes  an
27    address, it must be an actual personal or business address of
28    the individual or business address of the organization.
29        This  Section  does not apply to items, the size of which
30    is not sufficient to contain the required disclosure.
31    (Source: P.A. 90-737, eff. 1-1-99.)
 
                            -2-      LRB093 10534 RCE 10788 b
 1        (10 ILCS 5/29-14.5 new)
 2        Sec. 29-14.5.  Push-polling.
 3        (a) Any person engaging in push-polling must  (i)  inform
 4    the  person  contacted  that the call is being made on behalf
 5    of, in support of, or in opposition to a particular candidate
 6    or public question, (ii) identify that candidate by  name  or
 7    identify the public question, and (iii) provide the telephone
 8    number of the place from which the push-polling is conducted.
 9        (b)  The  State  Board  of  Elections  may impose a civil
10    penalty of $10,000 upon any person, other than a  person  who
11    is  merely  an  employee of the person or entity who has been
12    contracted with to conduct  the  push-polling,  who  violates
13    this Section.
14        (c)  For  the  purposes  of  this Section, "push-polling"
15    means (i) calling voters on behalf of, in support of,  or  in
16    opposition  to  any  candidate  for  public  office or public
17    question;  (ii)  asking  questions   relating   to   opposing
18    candidates  for  that  public  office  that  state, imply, or
19    convey information about the opposing candidates'  character,
20    status,  or  political  stance  or record or asking questions
21    relating to the public question that state, imply, or  convey
22    information  favorable or unfavorable to the public question;
23    and (iii) conducting the call in a manner that is  likely  to
24    be  construed by the person receiving the call to be a survey
25    or  poll  to  gather  statistical  data   for   entities   or
26    organizations  that are acting independently of any political
27    party, candidate, or interest group.