093_HB2507

 
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 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.  INTERNET VOTERS' GUIDE

 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        "Candidate"  means  any  person  seeking  nomination  for
13    election to or election to the office of Governor, Lieutenant
14    Governor,  Attorney General, Secretary of State, Comptroller,
15    or Treasurer.

16        (10 ILCS 5/12A-5 new)
17        Sec. 12A-5.  Disposition of fees.   The  Board  must  pay
18    fees received under this Article into the Voters' Guide Fund.

19        (10 ILCS 5/12A-10 new)
20        Sec. 12A-10.  Statements included in voters' pamphlet.
21        (a)  The  Board  must  prepare  and  have  posted  on the
22    Board's World Wide Web site for the general primary  election
23    and   general   election  State  voters'  guide  a  statement
24    containing the following information:
25             (1)  Requirements for a citizen  to  qualify  as  an
26        elector.
27             (2)  When   an  elector  is  required  to  register,
 
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 1        re-register, or transfer a registration.
 2             (3)  How an elector may obtain an absentee ballot.
 3        (b)  The Board may  include  in  the  voters'  guide  the
 4    following information:
 5             (1)  Voter registration forms.
 6             (2)  Elector instructions, including the right of an
 7        elector to request a second ballot if the first ballot is
 8        spoiled,  the right of an elector to take into the voting
 9        booth a sample ballot marked in advance, and the right of
10        an elector to  seek  the  assistance  of  the  judges  of
11        election  or someone of the elector's own choosing, other
12        than the elector's employer or agent of that employer  or
13        officer  or  agent of the elector's union, in marking the
14        ballot.

15        (10 ILCS 5/12A-15 new)
16        Sec. 12A-15.  Content of statements.
17        (a)  Statements submitted  for  inclusion  in  a  voters'
18    guide by a candidate, political party, or political committee
19    must consist only of words or numbers.
20        (b)  The  Board  must  specify  on  any  instructions for
21    filing a statement or other material  in  the  voters'  guide
22    that the statement or material may be excluded under 12A-25.

23        (10 ILCS 5/12A-20 new)
24        Sec.  12A-20.  Names of persons or organizations excluded
25    from statements; exceptions.
26        (a)  Except  as  provided  in  subsection  (b)  of   this
27    Section,  the  Board  may not print the name of any person or
28    organization in any statement  of  any  candidate,  political
29    party,  or  political  committee  filed  for inclusion in the
30    voters' guide, if the name of the person or  organization  is
31    cited as supporting or endorsing the statement.
32        (b)  The  Board  may  print  the  name  of  a  person  or
 
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 1    organization  in  a  statement submitted for inclusion in the
 2    voters' guide as supporting or endorsing the statement if:
 3             (1)  not  later  than  the  deadline  for  filing  a
 4        statement with the Board, the Board receives a  statement
 5        signed  by  the  person,  or  by  an authorized person on
 6        behalf  of  an  organization,  stating  that  the  person
 7        consents to  the  use  of  the  name  of  the  person  or
 8        organization; or
 9             (2)  the  name  of  a person or organization is used
10        with a quotation made by the  person  on  behalf  of  the
11        person  or  by  an  authorized  person  on  behalf  of an
12        organization,  the  quotation  was  disseminated  to  the
13        public prior to its inclusion in the  statement  and  the
14        quotation is identified by its source and date.
15        (c)  A  person  may  not  submit  a false signature under
16    subsection (b) of this Section.

17        (10 ILCS 5/12A-25 new)
18        Sec. 12A-25.  Type of material to be excluded from guide;
19    liability for libel; procedure of material excluded.
20        (a)  The Board must reject any statement or other  matter
21    offered for filing and posting in a voters' guide that:
22             (1)  contains  any  obscene,  profane, or defamatory
23        language;
24             (2)  incites or advocates hatred, abuse, or violence
25        toward any person or group; or
26             (3)  contains any language that may not  legally  be
27        circulated through the mails.
28        (b)  Nothing  in  this  Article   makes the author of any
29    statement or argument  exempt  from  any  civil  or  criminal
30    action  because  of  any  defamatory  statements  offered for
31    posting or contained  in  the  voters'  guide.   The  persons
32    writing,  signing,  or  offering  a  statement  for filing is
33    deemed to be its authors and publishers.
 
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 1        (c)  The Board must, by rule, establish  a  procedure  to
 2    notify  a person who offered a statement or other matter that
 3    was rejected under this Section.  Subject  to  voters'  guide
 4    deadlines, the procedure must require the Board to:
 5             (1)  make  reasonable  attempts to notify the person
 6        of the rejection; and
 7             (2)  allow the person, if notified  under  paragraph
 8        (1)  of  this subsection, to revise the statement so that
 9        it does not violate the provisions of this Section.

10        (10 ILCS 5/12A-30 new)
11        Sec. 12A-30.  Filing portrait and  statement  by  or  for
12    candidate; format of statement.
13        (a)  Not  later  than  the  98th  day  before the general
14    primary election, any candidate for nomination  for  election
15    at  the  general  primary election to the office of Governor,
16    Lieutenant Governor, Attorney General,  Secretary  of  State,
17    State  Comptroller, or State Treasurer, or an agent on behalf
18    of the candidate, may file with the Board a portrait  of  the
19    candidate  and  a  typewritten  statement  of the reasons the
20    candidate should be nominated or elected.
21        (b)  Not later than  the  68th  day  before  the  general
22    election,  any candidate for election at the general election
23    to the office  of  Governor,  Lieutenant  Governor,  Attorney
24    General,  Secretary  of  State,  State  Comptroller, or State
25    Treasury or an agent on behalf of  the  candidate,  may  file
26    with  the Board a portrait of the candidate and a typewritten
27    statement of the reasons the candidate should be elected.
28        (c)  The Board must, by rule, establish  the  format  and
29    length of the statement permitted under this Section.
30        (d)  A  portrait  or  statement  filed under this Section
31    must be accompanied by a telephone  or  electronic  facsimile
32    transmission  machine  number  where  the  candidate  may  be
33    contacted for purposes of Section 12A-45.
 
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 1        (10 ILCS 5/12A-35 new)
 2        Sec. 12A-35.  Portrait requirements.
 3        (a)  A  candidate  may  not  submit  for inclusion in the
 4    voters' guide a portrait that was taken  more  than  2  years
 5    before the date the portrait is filed with the Board.
 6        (b)  A  portrait  submitted  for inclusion in the voters'
 7    guide shall:
 8             (1)  be  a  conventional  photograph  with  a  plain
 9        background;
10             (2)  show the face or the head, neck, and  shoulders
11        of the candidate; and
12             (3)  be   prepared  and  processed  for  posting  as
13        prescribed by the Board.
14        (c)  A portrait submitted for inclusion  in  the  voters'
15    guide may not:
16             (1)  include the hands or anything held in the hands
17        of the candidate;
18             (2)  show  the  candidate wearing a judicial robe, a
19        hat, or a military, police, or fraternal uniform; and
20             (3)  show   the   uniform   or   insignia   of   any
21        organization.

22        (10 ILCS 5/12A-40 new)
23        Sec.  12A-40.  Format  of  candidate's  statement.    The
24    candidate's  statement  shall  begin  with  a  summary of the
25    following:   occupation,   educational    and    occupational
26    background, and prior governmental experience.

27        (10 ILCS 5/12A-45 new)
28        Sec.  12A-45.  Board's  review  of candidate portrait and
29    statement; procedure for revision.
30        (a)  If a candidate files a portrait and statement  under
31    Section  12A-30 for inclusion in the voters' guide, the Board
32    must review the portrait and statement  to  ensure  that  the
 
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 1    portrait complies with the requirements of Section 12A-35 and
 2    that the statement complies with the requirements of Sections
 3    12A-20 and 12A-40.
 4        (b)  Review by the Board under this Section is limited to
 5    determining  whether  the  portrait and statement comply with
 6    the requirements of Sections 12A-25, 12A-35, and  12A-40  and
 7    may not include any determination relating to the accuracy or
 8    truthfulness of materials filed.
 9        (c)  The  Board  must  review each portrait and statement
10    not later than 3 business days  following  the  deadline  for
11    filing a portrait and statement under Section 12A-30.  If the
12    Board   determines  that  the  portrait  or  statement  of  a
13    candidate must  be  revised  in  order  to  comply  with  the
14    requirements  of Section 12A-25, 12A-35, or 12A-40, the Board
15    must attempt to contact the candidate not later than the  5th
16    business  day  after  the  deadline for filing a portrait and
17    statement under Section 12A-30.  A candidate contacted by the
18    Board under this Section  may  file  a  revised  portrait  or
19    statement  no  later  than the 7th business day following the
20    deadline for filing a portrait and  statement  under  Section
21    12A-30.
22        (d)  If  the  Board  is  required to attempt to contact a
23    candidate under subsection (c) of  this  Section,  the  Board
24    must  attempt  to  contact  the  candidate by telephone or by
25    using an electronic transmission facsimile machine.
26        (e)  If the Board is unable to contact a candidate or  if
27    the candidate does not file a revised portrait or statement:
28             (1)  If  a  portrait  does  not  comply with Section
29        12A-35, the Board may modify the portrait.  The candidate
30        must pay the  expense  of  any  modification  before  the
31        posting  of  the  portrait  in the voters' guide.  If the
32        portrait  cannot  be  modified  to  comply  with  Section
33        12A-35, the portrait may not be posted with  the  voters'
34        guide.
 
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 1             (2)  If  a  statement  does  not comply with Section
 2        12A-40, the statement may not be posted with the  voters'
 3        guide.
 4             (3)  If  a  statement  does  not comply with Section
 5        12A-25, the Board  must  edit  the  statement  to  remove
 6        language that does not comply with Section 12A-25.
 7        (f)  If  the  portrait  or statement of a candidate filed
 8    under Section 12A-30 does not comply with  a  requirement  of
 9    Section  12A-25,  12A-35,  or  12A-40  and the Board does not
10    attempt to contact the candidate by the deadline specified in
11    subsection (c) of this  Section,  for  purposes  of  Sections
12    12A-25,  12A-35,  and  12A-40 only, the portrait or statement
13    shall be posted as filed.
14        (g)  A candidate revising a portrait or  statement  under
15    this  Section  may  make  only  those  revisions necessary to
16    comply with Sections 12A-25, 12A-35, and 12A-40.
17        (h)  The Board may, by rule, define the term "contact" as
18    used in this Section.

19        (10 ILCS 5/12A-50 new)
20        Sec. 12A-50.  Fees for space in voters' guide.
21        (a)  At  the  time  of  filing  materials  under  Section
22    12A-30, each candidate for nomination or election must pay to
23    the Board a fee of not more than $300.
24        (b)  The space allotted to each candidate  must  be  used
25    for  the  portrait  and statement filed under Section 12A-30.
26    If a portrait is not  filed,  the  statement  may  cover  the
27    entire  allotted space.  The length of the statement shall be
28    limited to not more than 900 words.

29        (10 ILCS 5/12A-55 new)
30        Sec. 12A-55.  Identification of  portrait  or  statement.
31    On  each  allotted  space  of  the voters' guide containing a
32    portrait or statement filed by a candidate, political  party,
 
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 1    political committee, or other person, the Board must indicate
 2    who furnished the portrait or statement.

 3        (10 ILCS 5/12A-60 new)
 4        Sec.  12A-60.  Refund  of  filing fee.  No later than the
 5    last day for filing  material  for  inclusion  in  a  voters'
 6    guide,  the  person  who  paid  the  filing fee may receive a
 7    refund from the Board.  When a refund is made,  the  material
 8    for which the fee was paid may not be included in the guide.

 9        (10 ILCS 5/12A-65 new)
10        Sec.  12A-65.  Exemption  from public records laws; State
11    voters' guide.  Notwithstanding any other provision  of  law,
12    materials  filed  by  a candidate, political party, political
13    committee, or other person for inclusion in a  State  voters'
14    guide  are  exempt  from  public  inspection  until  the  4th
15    business day after the final date for filing the materials.

16        (10 ILCS 5/12A-70 new)
17        Sec. 12A-70.  Statements inadmissible in action to enjoin
18    posting  of  guide.   Material submitted for inclusion in any
19    State voters' guide may not be admitted as  evidence  in  any
20    suit  or  action  against the Board to restrain or enjoin the
21    posting of the voters' guide.

22        (10 ILCS 5/12A-75 new)
23        Sec. 12A-75.  Preparation of State voters' guide.
24        (a)  The Secretary of State must prepare for posting:
25             (1)  a  list  of  the  names   of   candidates   for
26        nomination  for  election at the general primary election
27        to the offices of Governor, Lieutenant Governor, Attorney
28        General, Secretary of State, State Comptroller, or  State
29        Treasurer  or  a list of names of candidates for election
30        at the general  election  to  the  offices  of  Governor,
 
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 1        Lieutenant   Governor,  Attorney  General,  Secretary  of
 2        State, State Comptroller, or State Treasurer, along  with
 3        a designation of the offices for which the candidates are
 4        competing; and
 5             (2)  all   portraits   and  statements  filed  under
 6        Section 12A-30.
 7        (b)  In  the  general   primary   election   guide,   all
 8    candidates of one established political party must be grouped
 9    separately   from   all  candidates  of  another  established
10    political party.  The order in which the groups of candidates
11    for  the  established  political  parties  appear   must   be
12    alternated for successive general primary elections.

13        Section  10.  The  State Finance Act is amended by adding
14    Section 8h as follows:

15        (30 ILCS 105/8h new)
16        Sec. 8h.  Voters' Guide Fund.  There  is  hereby  created
17    outside of the State treasury a trust fund to be known as the
18    Voters'  Guide  Fund.   Moneys in the Fund may be used by the
19    State Board of Elections, subject to appropriation,  for  the
20    costs  associated  with producing voters' guide under Article
21    12A of the Election Code.  The  State  Treasurer  is  be  the
22    custodian of the Voters' Guide Fund.

23        Section  15.  The  Illinois  Vehicle  Code  is amended by
24    adding Section 3-421.1 as follows:

25        (625 ILCS 5/3-421.1 new)
26        Sec. 3-421.1.  Sealed bids.
27        (a)  The  right  of  reassignment  of  a  license   plate
28    provided  by  Section  3-421 of this Code do not apply to the
29    natural persons  holding  license  plate  numbers  1  through
30    10,000,  first  letters A through Z, first letters AA through
 
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 1    ZZ, and first letters AAA through ZZZ.  Reassignment of those
 2    license numbers and letters shall be made  on  a  sealed  bid
 3    basis as follows:
 4             (1)  The  Secretary  of  State  must  establish  and
 5        maintain a database for reception and recordation of bids
 6        on the plates;
 7             (2)  Natural  persons  wishing to be assigned one of
 8        the license plate numbers 1 through 10,000, first letters
 9        A through Z,  first  letters  AA  through  ZZ,  or  first
10        letters  AAA through ZZZ, including the natural person to
11        whom the number or letter  is  currently  assigned,  must
12        submit  a  sealed  bid for that plate to the Secretary of
13        State, who shall record it;
14             (3)  When the current registration plate term for  a
15        particular license number expires, the Secretary of State
16        must  examine  the data base established by paragraph (1)
17        of this subsection, determine the  highest  bid  for  the
18        particular  license  number, and assign the license plate
19        number to the natural person who  submitted  the  highest
20        bid upon receipt of the amount stated in the sealed bid.
21        (b)  The  fees  established in Section 3-806 of this Code
22    shall be required in  addition  to  the  sealed  bid.   Money
23    generated by the procedure established by this Section, other
24    than  those fees required by Section 3-806 of this Code, must
25    transferred to the Voters' Guide Fund.
 
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 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    30 ILCS 105/8g new
22    625 ILCS 5/3-421.1 new