State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT concerning voters' pamphlets.

 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)

 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        "Election  authority"  means a county clerk or a Board of
13    Election Commissioners.

14        (10 ILCS 5/12A-5 new)
15        Sec. 12A-5.  County voters' pamphlet.  When  directed  by
16    resolution of the county board, the election authority of any
17    county  shall prepare, print, and distribute a county voters'
18    pamphlet for an election of judicial candidates.

19        (10 ILCS 5/12A-10 new)
20        Sec. 12A-10.  Information  required  to  be  included  in
21    voters' pamphlet; deadline for distribution.
22        (a)  If  a county produces a county voters' pamphlet, the
23    county voters' pamphlet shall include,  when  applicable,  at
24    least the following information:
25             (1)   A   sample  ballot  containing  the  names  of
26        candidates for  the  office  of  judge  of  the  Supreme,
27        Appellate, or Circuit Courts in the county.
28             (2)  Requirements  for  a  citizen  to qualify as an
                            -2-                LRB9206303MWcd
 1        elector.
 2             (3)  Requirements  for  registration,  transfer   of
 3        registration, and re-registration.
 4             (4) Instructions as to how an elector may obtain and
 5        use an absentee ballot.
 6             (5)  A  statement  that  the voters' pamphlet may be
 7        used to assist electors at the polls.
 8             (6) Elector instructions, including the right of  an
 9        elector to request a second ballot if the first ballot is
10        spoiled,  the right of an elector to take into the voting
11        booth a sample ballot marked in advance, and the right of
12        an elector to seek assistance of the  judges of  election
13        or  someone of the elector's own choosing, other than the
14        elector's employer or agent of that employer  or  officer
15        or agent of the elector's union, in marking the ballot.
16             (7) The hours that the polling places are open.
17             (8)   Any   portraits  and  statements  relating  to
18        candidates  submitted  under  the  provisions   of   this
19        Article.
20             (9) A listing of the polling places.
21             (10)   Any   other  information  that  the  election
22        authority considers to be  appropriate  or  necessary  to
23        inform the voters.
24        (b)  The  election  authority  shall  mail  or  otherwise
25    distribute the county voters' pamphlet not later than the 7th
26    day before the election.

27        (10 ILCS 5/12A-15 new)
28        Sec.  12A-15.  Schedule  and procedures for producing and
29    distributing pamphlet; fees.
30        (a)  The State Board of Elections shall by rule  adopt  a
31    schedule   and   procedures   for  preparing,  printing,  and
32    distributing  county  voters'  pamphlets.  The  schedule  and
33    procedures shall include, but not be  limited  to,  deadlines
                            -3-                LRB9206303MWcd
 1    for  filing  material  for the voters' pamphlet and except as
 2    otherwise provided by law,  the  format  of  material  to  be
 3    submitted  and  the size and other requirements applicable to
 4    candidate portraits.
 5        (b) The Board shall by rule adopt a schedule of  fees  to
 6    be  charged by the election authority for including portraits
 7    of candidates and statements in  the  voters'  pamphlet.  The
 8    fees  need  not  reflect  the  actual  cost  of producing the
 9    voters' pamphlet. The  election authority  shall  refund  the
10    filing fee to any person who applies for the refund not later
11    than  the  last  day for filing material for inclusion in the
12    voters' pamphlet. When a refund is  made,  the  material  for
13    which the fee was paid shall not be included in the pamphlet.

14        (10 ILCS 5/12A-20 new)
15        Sec.  12A-20.  Filing  portrait  and  statement by or for
16    candidate. Not later than the date specified  by  the  Board,
17    any  candidate  for  election  for the office of judge of the
18    Supreme, Appellate, or Circuit Courts within the  county,  or
19    an  agent  of  the  candidate,  may  file  with  the election
20    authority of a county that prepares a county voters' pamphlet
21    a portrait of the candidate and a  typewritten  statement  of
22    the reasons the candidate should be elected. The portrait and
23    statement must comply with the applicable rules of the Board.
24    The  election  authority  shall  not  accept  the filing of a
25    statement or portrait of any candidate unless the  filing  is
26    accompanied  by  the  appropriate  fee  as  prescribed by the
27    Board.

28        (10 ILCS 5/12A-25 new)
29        Sec. 12A-25.  Cost  of  pamphlet  preparation.  All  fees
30    collected  by  an  election authority under this Act shall be
31    transmitted to the State Board of Elections, as  provided  by
32    rule  of  the  Board,  and  deposited  by  the Board into the
                            -4-                LRB9206303MWcd
 1    General Revenue Fund. The  State  Board  of  Elections  shall
 2    reimburse  the  election  authority  for  the actual costs of
 3    preparing, printing,  and  distributing  the  county  voters'
 4    pamphlet from an appropriation made by the General Assembly.

 5        (10 ILCS 5/12A-30 new)
 6        Sec.  12A-30.  Content  of statements; notice of material
 7    that may be excluded.
 8        (a)  Statements  submitted  for  inclusion  in  a  county
 9    voters' pamphlet by a candidate, political  party,  political
10    committee,  or  other  person  shall consist only of words or
11    numbers.
12        (b)  The  election  authority  shall   specify   on   any
13    instructions  for  filing a statement in the voters' pamphlet
14    that the statement may be excluded under Section 12A-40.

15        (10 ILCS 5/12A-35 new)
16        Sec. 12A-35.  Names of persons or organizations  excluded
17    from statements; exceptions.
18        (a)  Except   as  provided  in  subsection  (b)  of  this
19    Section, the election authority shall not print the  name  of
20    any person or organization in any statement of any candidate,
21    filed for inclusion in a county voters' pamphlet, if the name
22    of  the  person  or  organization  is  cited as supporting or
23    endorsing the statement.
24        (b)  The election authority  may  print  the  name  of  a
25    person or organization in a statement submitted for inclusion
26    in  a  county voters' pamphlet as supporting or endorsing the
27    statement if:
28             (1)  not  later  than  the  deadline  for  filing  a
29        statement  with  the  election  authority,  the  election
30        authority receives a statement signed by the  person,  or
31        by  an  authorized  person  on behalf of an organization,
32        stating that the person consents to the use of  the  name
                            -5-                LRB9206303MWcd
 1        of the person or organization; or
 2             (2)  the  name  of  a person or organization is used
 3        with a quotation made by the  person  on  behalf  of  the
 4        person  or  by  an  authorized  person  on  behalf  of an
 5        organization,  the  quotation  was  disseminated  to  the
 6        public  prior  to  its  inclusion  in  the  argument   or
 7        statement,  and the quotation is identified by its source
 8        and date.
 9        (c) A person shall not submit  a  false  signature  under
10    subsection (b) of this Section.

11        (10 ILCS 5/12A-40 new)
12        Sec.  12A-40.  Type  of  material  to  be  excluded  from
13    pamphlet;   liability   for   libel;  procedure  if  material
14    excluded.
15        (a)  The election authority shall  reject  any  statement
16    offered  for filing and printing in a county voters' pamphlet
17    that:
18             (1) contains any  obscene,  profane,  or  defamatory
19        language;
20             (2)  incites or advocates hatred, abuse, or violence
21        toward any person or group; or
22             (3) contains any language that may  not  legally  be
23        circulated through the mails.
24        (b)  Nothing in this Article shall make the author of any
25    statement exempt from any civil or criminal action because of
26    any defamatory statements offered for printing  or  contained
27    in  the  voters'  pamphlet.  The persons writing, signing, or
28    offering a statement for filing shall be deemed  its  authors
29    and publishers.
30        (c)  The  Board  shall  by  rule establish a procedure to
31    notify a person who offered a  statement  that  was  rejected
32    under  this  Section.  Subject to voters' pamphlet deadlines,
33    the procedure shall require the election authority to:
                            -6-                LRB9206303MWcd
 1             (1) make reasonable attempts to notify the person of
 2        the rejection; and
 3             (2) allow the person, if  notified  under  paragraph
 4        (1)  of  this subsection, to revise the statement so that
 5        it does not violate the provisions of this Section.

 6        (10 ILCS 5/12A-45 new)
 7        Sec.  12A-45.  Format  of  candidate's   statement.   The
 8    candidate's  statement  in  a  county  voters' pamphlet shall
 9    begin  with  a  summary   of   the   following:   occupation,
10    educational    and   occupational   background,   and   prior
11    governmental experience.

12        (10 ILCS 5/12A-50 new)
13        Sec.  12A-50.  Exemption   from   public   records   law.
14    Notwithstanding    any  other  provisions  of law relating to
15    public records, materials filed by a candidate for  inclusion
16    in   a   county  voters'  pamphlet  are  exempt  from  public
17    inspection until the 4th business day after  the  final  date
18    for filing the materials.

19        (10 ILCS 5/12A-55 new)
20        Sec. 12A-55.  Statements inadmissible in action to enjoin
21    publication  of pamphlet. Material submitted for inclusion in
22    any county voters' pamphlet shall not be admitted as evidence
23    in any suit or  action  against  the  election  authority  to
24    restrain or enjoin the publication of the voters' pamphlet.

[ Top ]