State of Illinois
92nd General Assembly

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 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        "Electoral  district"  means  a  county, municipality, or
15    district as defined in Section 1-3 of this Code.
16        "Public question" means  any  question,  proposition,  or
17    measure  submitted  to  the  voters  under Article 28 of this
18    Code,  except  that  "public  question"  does   not   include
19    questions relating to the Constitution.

20        (10 ILCS 5/12A-5 new)
21        Sec.  12A-5.  County  voters'  pamphlet. When directed by
22    resolution of the county board, the election authority of any
23    county must prepare, print, and distribute a  county  voters'
24    pamphlet for the consolidated election.

25        (10 ILCS 5/12A-10 new)
26        Sec.  12A-10.  Information  required  to  be  included in
27    voters' pamphlet; deadline for distribution.
28        (a) If a county produces a county voters'  pamphlet,  the
                            -2-                LRB9206304MWpr
 1    county  voters'  pamphlet  must  include, when applicable, at
 2    least the following information:
 3             (1)  A  sample  ballot  containing  the   names   of
 4        candidates  for  all  offices and all public questions as
 5        they will appear on the ballot in the county.
 6             (2) Requirements for a  citizen  to  qualify  as  an
 7        elector.
 8             (3)   Requirements  for  registration,  transfer  of
 9        registration, and re-registration.
10             (4) Instructions as to how an elector may obtain and
11        use an absentee ballot.
12             (5) A statement that the  voters'  pamphlet  may  be
13        used to assist electors at the polls.
14             (6)  Elector instructions, including the right of an
15        elector to request a second ballot if the first ballot is
16        spoiled, the right of an elector to take into the  voting
17        booth a sample ballot marked in advance, and the right of
18        an  elector to seek assistance of the  judges of election
19        or someone of the elector's own choosing, other than  the
20        elector's  employer  or agent of that employer or officer
21        or agent of the elector's union, in marking the ballot.
22             (7) The hours that the polling places are open.
23             (8)  Any  portraits  and  statements   relating   to
24        candidates   submitted   under  the  provisions  of  this
25        Article.
26             (9) Any public questions as they will appear on  the
27        ballot,  explanatory  statements, and arguments submitted
28        under the provisions of this Article.
29             (10) A listing of the polling places.
30             (11)  Any  other  information  that   the   election
31        authority  considers  to  be  appropriate or necessary to
32        inform the voters.
33        (b)  The  election  authority  must  mail  or   otherwise
34    distribute the county voters' pamphlet not later than the 7th
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 1    day before the election.

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

23        (10 ILCS 5/12A-20 new)
24        Sec. 12A-20.  Filing portrait and  statement  by  or  for
25    candidate.  Not  later  than the date specified by the Board,
26    any candidate  for  election  at  the  consolidated  election
27    within  the  county,  or  an agent of the candidate, may file
28    with the election authority  of  a  county  that  prepares  a
29    county  voters'  pamphlet  a  portrait of the candidate and a
30    typewritten statement of the reasons the candidate should  be
31    elected.  The  portrait  and  statement  must comply with the
32    applicable rules of the Board. The election authority may not
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 1    accept the filing of a statement or portrait of any candidate
 2    unless the filing is accompanied by the  appropriate  fee  as
 3    prescribed by the Board.

 4        (10 ILCS 5/12A-25 new)
 5        Sec.  12A-25.  Explanatory  statement. Not later than the
 6    date specified by the Board, in  a  county  that  prepares  a
 7    county  voters' pamphlet, the proponents of a public question
 8    that will appear on the  ballot  must  submit  an  impartial,
 9    simple,  and  understandable  statement explaining the public
10    question and its effect.

11        (10 ILCS 5/12A-30 new)
12        Sec. 5/12A-30.  Filing arguments for or against measure.
13        (a)  Not later than the date specified by  the  Board  by
14    rule,  in  a  county that prepares a county voters' pamphlet,
15    any person may file with the election authority a typewritten
16    argument supporting or opposing any public  questions  to  be
17    submitted to the voters on the ballot. The election authority
18    may  not accept any arguments that are not accompanied by the
19    fee established  by  the  Board  or  a  petition  in  a  form
20    prescribed   by  the  Board.  A  petition  must  contain  the
21    signatures of at least 4%  of  the  electors  in  the  county
22    eligible to vote on the question to which the argument refers
23    or the signatures of 1,000 electors in the county eligible to
24    vote  on the question to which the argument refers, whichever
25    is less. The number of registered electors  in  an  electoral
26    district,   for   the  purposes  of  this  Section,  must  be
27    calculated on January 1 of each year. Each person signing the
28    petition must subscribe to a statement that  the  person  has
29    read  and  agrees  with  the  argument.  The petition must be
30    filed with the election authority.
31        (b) The election authority must  include  in  the  county
32    voters'  pamphlet,  on  the page of the printed argument, the
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 1    name of the person who submitted the argument,  the  name  of
 2    the  organization  the person represents, if any, whether the
 3    argument supports or opposes the measure,  and  a  disclaimer
 4    that  the  argument does not constitute an indorsement by the
 5    county and that the county does not warrant the  accuracy  or
 6    truth of any statement made in the argument.

 7        (10 ILCS 5/12A-35 new)
 8        Sec.  5/12A-35.  Cost  of  pamphlet preparation. All fees
 9    collected by an election authority under  this  Act  must  be
10    transmitted  to  the State Board of Elections, as provided by
11    rule of the Board,  and  deposited  by  the  Board  into  the
12    General  Revenue  Fund.  The  State  Board  of Elections must
13    reimburse the election authority  for  the  actual  costs  of
14    preparing,  printing,  and  distributing  the  county voters'
15    pamphlet from an appropriation made by the General Assembly.

16        (10 ILCS 5/12A-40 new)
17        Sec. 12A-40.  Content of statements and arguments; notice
18    of material that may be excluded.
19        (a)  Statements and arguments submitted for inclusion  in
20    a  county  voters'  pamphlet by a candidate, political party,
21    political committee, or other person supporting or opposing a
22    measure must consist only of words or numbers.
23        (b)  The  election  authority   must   specify   on   any
24    instructions  for  filing  a  statement,  argument,  or other
25    material  in  the  voters'  pamphlet  that   the   statement,
26    argument, or material may be excluded under Section 12A-50.

27        (10 ILCS 5/12A-45 new)
28        Sec.  12A-45.  Names of persons or organizations excluded
29    from arguments and statements; exceptions.
30        (a)  Except  as  provided  in  subsection  (b)  of   this
31    Section, the election authority may not print the name of any
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 1    person or organization in any argument supporting or opposing
 2    any  public question or any statement of any candidate, filed
 3    for inclusion in a county voters' pamphlet, if  the  name  of
 4    the   person  or  organization  is  cited  as  supporting  or
 5    endorsing the argument or statement.
 6        (b)  The election authority  may  print  the  name  of  a
 7    person  or organization in an argument or statement submitted
 8    for inclusion in a county voters' pamphlet as  supporting  or
 9    endorsing the argument or statement if:
10             (1)  not  later  than  the  deadline  for  filing an
11        argument or statement with the  election  authority,  the
12        election  authority  receives  a  statement signed by the
13        person, or by  an  authorized  person  on  behalf  of  an
14        organization, stating that the person consents to the use
15        of the name of the person or organization; or
16             (2)  the  name  of  a person or organization is used
17        with a quotation made by the  person  on  behalf  of  the
18        person  or  by  an  authorized  person  on  behalf  of an
19        organization,  the  quotation  was  disseminated  to  the
20        public  prior  to  its  inclusion  in  the  argument   or
21        statement,  and the quotation is identified by its source
22        and date.
23        (c) A person may  not  submit  a  false  signature  under
24    subsection (b) of this Section.

25        (10 ILCS 5/12A-50 new)
26        Sec.  12A-50.  Type  of  material  to  be  excluded  from
27    pamphlet;   liability   for   libel;  procedure  if  material
28    excluded.
29        (a)  The election authority must  reject  any  statement,
30    argument,  or other matter offered for filing and printing in
31    a county voters' pamphlet that:
32             (1) contains any  obscene,  profane,  or  defamatory
33        language;
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 1             (2)  incites or advocates hatred, abuse, or violence
 2        toward any person or group; or
 3             (3) contains any language that may  not  legally  be
 4        circulated through the mails.
 5        (b)  Nothing  in  this  Article  makes  the author of any
 6    statement or argument  exempt  from  any  civil  or  criminal
 7    action  because  of  any  defamatory  statements  offered for
 8    printing or contained in the voters'  pamphlet.  The  persons
 9    writing,  signing,  or  offering  a statement or argument for
10    filing are deemed its authors and publishers.
11        (c) The Board must by  rule,  establish  a  procedure  to
12    notify  a  person who offered a statement, argument, or other
13    matter that was  rejected  under  this  Section.  Subject  to
14    voters'  pamphlet  deadlines,  the procedure must require the
15    election authority to:
16             (1) make reasonable attempts to notify the person of
17        the rejection; and
18             (2) allow the person, if  notified  under  paragraph
19        (1)  of  this subsection, to revise the statement so that
20        it does not violate the provisions of this Section.

21        (10 ILCS 5/12A-55 new)
22        Sec.  12A-55.  Format  of  candidate's   statement.   The
23    candidate's statement in a county voters' pamphlet must begin
24    with  a summary of the following: occupation, educational and
25    occupational background, and prior governmental experience.

26        (10 ILCS 5/12A-60 new)
27        Sec.  12A-60.  Exemption   from   public   records   law.
28    Notwithstanding    any  other  provisions  of law relating to
29    public records, materials filed by a candidate for  inclusion
30    in  a  county  voters'  pamphlet  and arguments supporting or
31    opposing a public question filed by any person for  inclusion
32    in   a   county  voters'  pamphlet  are  exempt  from  public
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 1    inspection until the 4th business day after  the  final  date
 2    for filing the materials.

 3        (10 ILCS 5/12A-65 new)
 4        Sec.  12A-65.  Statements  and  arguments inadmissible in
 5    action to enjoin publication of pamphlet. Material  submitted
 6    for  inclusion  in  any  county  voters'  pamphlet may not be
 7    admitted as evidence  in  any  suit  or  action  against  the
 8    election  authority  to restrain or enjoin the publication of
 9    the voters' pamphlet.

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