State of Illinois
92nd General Assembly
Legislation

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92_HB1982eng

 
HB1982 Engrossed                               LRB9206301MWcd

 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)

 7                   ARTICLE 12A.  VOTERS' PAMPHLET

 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  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"  or  "question"  means  any  question,
17    proposition, or measure submitted to the voters under Article
18    28 of this Code,  except  that  "public  question"  does  not
19    include questions relating to the Constitution.

20        (10 ILCS 5/12A-5 new)
21        Sec. 12A-5.  Joint production of State and county voters'
22    pamphlet.  Notwithstanding any other law to the contrary, the
23    State  Board  of  Elections  and  a  county may enter into an
24    intergovernmental    agreement    as    provided    in    the
25    Intergovernmental Cooperation Act under which the  Board  and
26    the  election  authority  of the county may jointly produce a
27    voters' pamphlet for any  election  as  provided  under  this
28    Article.
 
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 1        (10 ILCS 5/12A-10 new)
 2        Sec.  12A-10.   Disposition of fees.  The Board shall pay
 3    fees received under this Article  into  the  General  Revenue
 4    Fund.

 5        (10 ILCS 5/12A-15 new)
 6        Sec. 12A-15.  Statements included in voters' pamphlet.
 7        (a)  The  Board  shall  prepare  and  have printed in the
 8    general primary election and general election  State  voters'
 9    pamphlet a statement containing the following information:
10             (1)  Requirements  for  a  citizen  to qualify as an
11        elector.
12             (2)  When  an  elector  is  required  to   register,
13        re-register, or transfer a registration.
14             (3)  How an elector may obtain an absentee ballot.
15        (b)  The  Board shall include a statement on the cover of
16    the voters' pamphlet that the pamphlet may be used to  assist
17    electors at the polls.
18        (c)  The  Board  may  include in the voters' pamphlet the
19    following information:
20             (1)  Voter registration forms.
21             (2)  Elector instructions, including the right of an
22        elector to request a second ballot if the first ballot is
23        spoiled, the right of an elector to take into the  voting
24        booth a sample ballot marked in advance, and the right of
25        an  elector  to  seek  the  assistance  of  the judges of
26        election or someone of the elector's own choosing,  other
27        than  the elector's employer or agent of that employer or
28        officer or agent of the elector's union, in  marking  the
29        ballot.

30        (10 ILCS 5/12A-20 new)
31        Sec. 12A-20.  Content of statements and arguments.
32        (a)  Statements  and arguments submitted for inclusion in
 
HB1982 Engrossed            -3-                LRB9206301MWcd
 1    a voters' pamphlet by a candidate, political party, political
 2    committee, or person supporting or opposing a public question
 3    shall consist only of words or numbers.
 4        (b)  The Board shall  specify  on  any  instructions  for
 5    filing  a  statement,  argument,  or  other  material  in the
 6    voters' pamphlet that the statement,  argument,  or  material
 7    may be excluded under Section 12A-30.

 8        (10 ILCS 5/12A-25 new)
 9        Sec.  12A-25.  Names of persons or organizations excluded
10    from arguments and statements; exceptions.
11        (a)  Except  as  provided  in  subsection  (b)  of   this
12    Section,  the  Board  may not print the name of any person or
13    organization in  any  argument  supporting  or  opposing  any
14    public  question or any statement of any candidate, political
15    party, or political committee  filed  for  inclusion  in  the
16    voters'  pamphlet,  if the name of the person or organization
17    is  cited  as  supporting  or  endorsing  the   argument   or
18    statement.
19        (b)  The  Board  may  print  the  name  of  a  person  or
20    organization  in  an  argument  or  statement  submitted  for
21    inclusion  in the voters' pamphlet as supporting or endorsing
22    the argument or statement if:
23             (1)  not later  than  the  deadline  for  filing  an
24        argument  or statement with the Board, the Board receives
25        a statement signed by the person,  or  by  an  authorized
26        person  on  behalf  of  an organization, stating that the
27        person consents to the use of the name of the  person  or
28        organization; or
29             (2)  the  name  of  a person or organization is used
30        with a quotation made by the  person  on  behalf  of  the
31        person  or  by  an  authorized  person  on  behalf  of an
32        organization,  the  quotation  was  disseminated  to  the
33        public  prior  to  its  inclusion  in  the  argument,  or
 
HB1982 Engrossed            -4-                LRB9206301MWcd
 1        statement and the quotation is identified by  its  source
 2        and date.
 3        (c)  A  person  may  not  submit  a false signature under
 4    subsection (b) of this Section.

 5        (10 ILCS 5/12A-30 new)
 6        Sec.  12A-30.  Type  of  material  to  be  excluded  from
 7    pamphlet;  liability  for  libel;   procedure   of   material
 8    excluded.
 9        (a)  The  Board  shall reject any statement, argument, or
10    other matter offered for filing and  printing  in  a  voters'
11    pamphlet that:
12             (1)  contains  any  obscene,  profane, or defamatory
13        language;
14             (2)  incites or advocates hatred, abuse, or violence
15        toward any person or group; or
16             (3)  contains any language that may not  legally  be
17        circulated through the mails.
18        (b)  Nothing in this Article shall make the author of any
19    statement  or  argument  exempt  from  any  civil or criminal
20    action because  of  any  defamatory  statements  offered  for
21    printing  or  contained in the voters' pamphlet.  The persons
22    writing, signing, or offering a  statement  or  argument  for
23    filing shall be deemed its authors and publishers.
24        (c)  The  Board  shall  by  rule establish a procedure to
25    notify a person who offered a statement, argument,  or  other
26    matter  that  was  rejected  under  this Section.  Subject to
27    voters' pamphlet deadlines, the procedure shall  require  the
28    Board to:
29             (1)  make  reasonable  attempts to notify the person
30        of the rejection; and
31             (2)  allow the person, if notified  under  paragraph
32        (1)  of  this subsection, to revise the statement so that
33        it does not violate the provisions of this Section.
 
HB1982 Engrossed            -5-                LRB9206301MWcd
 1        (10 ILCS 5/12A-35 new)
 2        Sec. 12A-35.  Filing portrait and  statement  by  or  for
 3    candidate; format of statement.
 4        (a)  Not  later  than  the  98th  day  before the general
 5    primary election, any candidate for nomination  for  election
 6    at  the  general  primary  election  to  the office of United
 7    States  Senator,  United  States  Representative,   Governor,
 8    Lieutenant  Governor,  Attorney  General, Secretary of State,
 9    State Comptroller, or State Treasurer, or an agent on  behalf
10    of  the  candidate, may file with the Board a portrait of the
11    candidate and a typewritten  statement  of  the  reasons  the
12    candidate should be nominated or elected.
13        (b)  Not  later  than  the  68th  day  before the general
14    election, any candidate for election at the general  election
15    to  the  office  of President or Vice President of the United
16    States, United States Senator, United States  Representative,
17    Governor, Lieutenant Governor, Attorney General, Secretary of
18    State,  State Comptroller, or State Treasurer, or an agent on
19    behalf of the candidate, may file with the Board  a  portrait
20    of  the  candidate and a typewritten statement of the reasons
21    the candidate should be elected.
22        (c)  The Board shall by rule  establish  the  format  and
23    length of the statement permitted under this Section.
24        (d)  A  portrait  or  statement  filed under this Section
25    shall be accompanied by a telephone or  electronic  facsimile
26    transmission  machine  number  where  the  candidate  may  be
27    contacted for purposes of Section 12A-50.

28        (10 ILCS 5/12A-40 new)
29        Sec. 12A-40.  Portrait requirements.
30        (a)  A  candidate  may  not  submit  for inclusion in the
31    voters' pamphlet a portrait that was taken more than 2  years
32    before the date the portrait is filed with the Board.
33        (b)  A  portrait  submitted  for inclusion in the voters'
 
HB1982 Engrossed            -6-                LRB9206301MWcd
 1    pamphlet shall:
 2             (1)  be  a  conventional  photograph  with  a  plain
 3        background;
 4             (2)  show the face or the head, neck, and  shoulders
 5        of the candidate; and
 6             (3)  be  prepared  and  processed  for  printing  as
 7        prescribed by the Board.
 8        (c)  A  portrait  submitted  for inclusion in the voters'
 9    pamphlet may not:
10             (1)  include the hands or anything held in the hands
11        of the candidate;
12             (2)  show the candidate wearing a judicial  robe,  a
13        hat, or a military, police, or fraternal uniform; and
14             (3)  show   the   uniform   or   insignia   of   any
15        organization.
16        (d)  The  portrait  of a candidate printed in the voters'
17    pamphlet shall be 3 inches high  and  2  inches  wide.   Each
18    portrait  shall  be  placed  in  the upper left corner of the
19    candidate's allotted space.

20        (10 ILCS 5/12A-45 new)
21        Sec.  12A-45.  Format  of  candidate's  statement.    The
22    candidate's  statement  shall  begin  with  a  summary of the
23    following:   occupation,   educational    and    occupational
24    background, and prior governmental experience.

25        (10 ILCS 5/12A-50 new)
26        Sec.  12A-50.  Board's  review  of candidate portrait and
27    statement; procedure for revision.
28        (a)  If a candidate files a portrait and statement  under
29    Section  12A-35  for  inclusion  in the voters' pamphlet, the
30    Board shall review the portrait and statement to ensure  that
31    the portrait complies with the requirements of Section 12A-40
32    and  that  the  statement  complies  with the requirements of
 
HB1982 Engrossed            -7-                LRB9206301MWcd
 1    Sections 12A-25 and 12A-45.
 2        (b)  Review by the Board  under  this  Section  shall  be
 3    limited  to  determining  whether  the portrait and statement
 4    comply with the requirements of Sections 12A-25, 12A-40,  and
 5    12A-45  and may not include any determination relating to the
 6    accuracy or truthfulness of materials filed.
 7        (c)  The Board shall review each portrait  and  statement
 8    not  later  than  3  business days following the deadline for
 9    filing a portrait and statement under Section 12A-35.  If the
10    Board  determines  that  the  portrait  or  statement  of   a
11    candidate  must  be  revised  in  order  to  comply  with the
12    requirements of Sections 12A-25, 12A-40, or 12A-45, the Board
13    shall attempt to contact the candidate not later than the 5th
14    business day after the deadline for  filing  a  portrait  and
15    statement under Section 12A-35.  A candidate contacted by the
16    Board  under  this  Section  may  file  a revised portrait or
17    statement no later than the 7th business  day  following  the
18    deadline  for  filing  a portrait and statement under Section
19    12A-35.
20        (d)  If the Board is required to  attempt  to  contact  a
21    candidate  under  subsection  (c)  of this Section, the Board
22    shall attempt to contact the candidate  by  telephone  or  by
23    using an electronic transmission facsimile machine.
24        (e)  If  the Board is unable to contact a candidate or if
25    the candidate does not file a revised portrait or statement:
26             (1)  If a portrait  does  not  comply  with  Section
27        12A-40, the Board may modify the portrait.  The candidate
28        shall   pay   the  expense  of  any  modification  before
29        publication of the portrait in the voters' pamphlet.   If
30        the  portrait  cannot  be modified to comply with Section
31        12A-40, the portrait may not be printed  in  the  voters'
32        pamphlet.
33             (2)  If  a  statement  does  not comply with Section
34        12A-40, the statement may not be printed in  the  voters'
 
HB1982 Engrossed            -8-                LRB9206301MWcd
 1        pamphlet.
 2             (3)  If  a  statement  does  not comply with Section
 3        12A-25, the Board shall  edit  the  statement  to  remove
 4        language that does not comply with Section 12A-25.
 5        (f)  If  the  portrait  or statement of a candidate filed
 6    under Section 12A-35 does not comply with  a  requirement  of
 7    Sections  12A-25,  12A-40,  or  12A-45 and the Board does not
 8    attempt to contact the candidate by the deadline specified in
 9    subsection (c) of this  Section,  for  purposes  of  Sections
10    12A-25,  12A-40,  and  12A-45 only, the portrait or statement
11    shall be printed as filed.
12        (g)  A candidate revising a portrait or  statement  under
13    this  Section  shall  make  only those revisions necessary to
14    comply with Sections 12A-25, 12A-40, and 12A-45.
15        (h)  The Board may by rule define the term  "contact"  as
16    used in this Section.

17        (10 ILCS 5/12A-55 new)
18        Sec.  12A-55.  Fees for space in voters' pamphlet; use of
19    space.
20        (a)  At  the  time  of  filing  materials  under  Section
21    12A-35, each candidate for nomination or election to  any  of
22    the  following  offices  shall pay to the Board the following
23    fee for space in the voters' pamphlet:
24             (1)  President  or  Vice  President  of  the  United
25        States,  United  States   Senator,   or   United   States
26        Representative, $500 for 59.6 square inches of space.
27             (2)  Governor,    Lieutenant    Governor,   Attorney
28        General, Secretary of State, State Comptroller, or  State
29        Treasurer, $300 for 59.6 square inches of space.
30        (b)  The  space  allotted to each candidate shall be used
31    for the portrait and statement filed  under  Section  12A-35.
32    If  a  portrait  is  not  filed,  the statement may cover the
33    entire allotted space.  The length of the statement shall  be
 
HB1982 Engrossed            -9-                LRB9206301MWcd
 1    limited  to not more than 900 words for 59.6 square inches of
 2    space.

 3        (10 ILCS 5/12A-60 new)
 4        Sec. 12A-60.  Identification of  portrait  or  statement.
 5    On  each  allotted space of the voters' pamphlet containing a
 6    portrait or statement filed by a candidate, political  party,
 7    political   committee,  or  other  person,  the  Board  shall
 8    indicate who furnished the portrait or statement.

 9        (10 ILCS 5/12A-65 new)
10        Sec. 12A-65.  Refund of filing fee.  No  later  than  the
11    last  day  for  filing  material  for  inclusion in a voters'
12    pamphlet, the person who paid the filing fee  may  receive  a
13    refund  from  the Board.  When a refund is made, the material
14    for which the fee  was  paid  may  not  be  included  in  the
15    pamphlet.

16        (10 ILCS 5/12A-70 new)
17        Sec.  12A-70.  Exemption  from public records laws; State
18    voters' pamphlet.  Notwithstanding  any  other  provision  of
19    law,   materials  filed  by  a  candidate,  political  party,
20    political committee, or other person for inclusion in a State
21    voters' pamphlet  and  arguments  supporting  or  opposing  a
22    public  question filed by any person for inclusion in a State
23    voter's pamphlet are exempt from public inspection until  the
24    4th  business  day  after  the  final  date  for  filing  the
25    materials.

26        (10 ILCS 5/12A-75 new)
27        Sec.  12A-75.  Statements  and  arguments inadmissible in
28    action to  enjoin  publication  of  pamphlet;  State  voters'
29    pamphlet.   Material  submitted  for  inclusion  in any State
30    voters' pamphlet may not be admitted as evidence in any  suit
 
HB1982 Engrossed            -10-               LRB9206301MWcd
 1    or  action  against  the  Board  to  restrain  or  enjoin the
 2    publication of the voters' pamphlet.

 3        (10 ILCS 5/12A-80 new)
 4        Sec. 12A-80.  Preparation of State voters' pamphlet.
 5        (a)  The Secretary of State shall prepare for printing:
 6             (1)  a  list  of  the  names   of   candidates   for
 7        nomination  for  election at the general primary election
 8        to the offices of United States  Senator,  United  States
 9        Representative,  Governor,  Lieutenant Governor, Attorney
10        General, Secretary of State, State Comptroller, and State
11        Treasurer or a list of names of candidates  for  election
12        at  the  general  election to the offices of President or
13        Vice  President  of  the  United  States,  United  States
14        Senator,   United   States   Representative,    Governor,
15        Lieutenant   Governor,  Attorney  General,  Secretary  of
16        State, State Comptroller, and State Treasurer along  with
17        a designation of the offices for which the candidates are
18        competing;
19             (2)  all   portraits   and  statements  filed  under
20        Section 12A-35; and
21             (3)  the information  specified  in  Section  12A-90
22        relating  to  public  questions  to  be voted upon at the
23        election for which the pamphlet is prepared.
24        (b)  The  items  specified  in  subsection  (a)  of  this
25    Section shall be properly  compiled,  edited,  prepared,  and
26    indexed  for  printing  by  the  Board before delivery to the
27    printer.
28        (c)  The voters'  pamphlet  shall  be  prepared  so  that
29    material  relating  to  public  questions  appears  first and
30    material of candidates for partisan offices appears last.  In
31    the  general primary election pamphlet, all candidates of one
32    established political party shall be grouped separately  from
33    all  candidates  of another established political party.  The
 
HB1982 Engrossed            -11-               LRB9206301MWcd
 1    order in which the groups of candidates for  the  established
 2    political  parties  appear shall be alternated for successive
 3    general primary elections.  If the  pamphlet  is  printed  on
 4    pages  of  8-1/2  inches  by  11 inches, material relating to
 5    candidates for different offices may not appear on  the  same
 6    page  of  the pamphlet.  When material of a candidate for the
 7    same office appears on a succeeding page, a  statement  shall
 8    be  placed  in the top margin of the pamphlet page indicating
 9    that material of additional candidates for  the  same  office
10    continues on the next page.
11        (d)  The  Board  shall have printed as many copies of the
12    voters' pamphlet that it  estimates  will  be  necessary  for
13    distribution under Section 12A-85.

14        (10 ILCS 5/12A-85 new)
15        Sec.  12A-85.  Distribution  of pamphlet.  Not later than
16    the 15th day before an election for which a voters'  pamphlet
17    has been prepared, the Board shall cause the voters' pamphlet
18    to  be  mailed  to  each  post  office mailing address in the
19    State, and shall use any  additional  means  of  distribution
20    necessary to make the pamphlet available to electors.

21        (10 ILCS 5/12A-90 new)
22        Sec. 12A-90.  Public questions, statements, and arguments
23    included  in  State  voters'  pamphlet.  The Board shall have
24    printed in the voters' pamphlet for a regular  election  each
25    statewide  public question as it will appear on the ballot to
26    be submitted to the People at  the  election  for  which  the
27    pamphlet was prepared.  Each public question shall be printed
28    with the explanatory statement and arguments relating to it.

29        (10 ILCS 5/12A-95 new)
30        Sec.   12A-95.  Appointment   of   committee   to   draft
31    explanatory  statement  of  measure  proposed  by referendum,
 
HB1982 Engrossed            -12-               LRB9206301MWcd
 1    petition, resolution, or ordinance.
 2        (a)  For each statewide public question to  be  submitted
 3    to  the  People  at  a  general  primary  election or general
 4    election, a committee of 5  citizens  shall  be  selected  to
 5    prepare the explanatory statement under Section 12A-100.
 6        (b)  Not  later  than  the  78th day before the election,
 7    proponents of the measure shall  appoint  2  members  to  the
 8    committee  and notify the Board in writing of the selections.
 9    If the proponents do not appoint 2 members, the  Board  shall
10    appoint  2 members to the committee from among supporters, if
11    any, of the public question  not  later  than  the  76th  day
12    before the election.
13        (c)  Not later than the 76th day before the election, the
14    Board shall appoint 2 members to the committee from among the
15    opponents, if any, of the question.
16        (d)  The  4  appointed  members  of  the  committee shall
17    select the 5th member and notify the Board in writing of  the
18    selection.  If the 4 members have not selected the 5th member
19    by  the 69th day before the election, the 5th member shall be
20    appointed by the Board not later than the 67th day before the
21    election.
22        (e)  A vacancy shall be filled not later than 2  business
23    days  after  the  vacancy  occurs  by the person who made the
24    original appointment.  Unless the Board fills a vacancy,  the
25    person  filling the vacancy shall notify the Board in writing
26    of the selection.
27        (f)  As used in this Section, "proponents" means:
28             (1)  With respect to a public question initiated  by
29        a resolution or ordinance of a political subdivision, the
30        governing body of that political subdivision; and
31             (2)  With  respect  to  any  other  public  question
32        initiated  by  a  petition  of  the  electors,  the chief
33        petitioners.
 
HB1982 Engrossed            -13-               LRB9206301MWcd
 1        (10 ILCS 5/12A-100 new)
 2        Sec.  12A-100.  Preparation  and  filing  of  explanatory
 3    statement of public question.
 4        (a)  Not later than the 48th day before a general primary
 5    election or general election at which  any  statewide  public
 6    question  is  to  be  submitted  to the People, the committee
 7    appointed under Section 12A-95 shall prepare  and  file  with
 8    the  Board an impartial, simple, and understandable statement
 9    explaining the measure.  The statement  may  not  exceed  500
10    words.
11        (b)  Not sooner than the 47th nor later than the 44th day
12    before  the  election,  the  Board  shall  hold  a hearing in
13    Springfield  upon  reasonable  statewide  notice  to  receive
14    suggested  changes  or  other  information  relating  to  any
15    explanatory statement.  At the hearing any person may  submit
16    suggested  changes  or  other  information  relating  to  any
17    explanatory   statement   orally   or   in  writing.  Written
18    suggestions or other information also may be submitted at any
19    time before the hearing.
20        (c)  The  committee  for  each  measure  shall   consider
21    suggestions   and   any  other  information  submitted  under
22    subsection (b) of  this  Section,  and  may  file  a  revised
23    statement  with  the Board not later than the 35th day before
24    the election.
25        (d)  The original statement  and  any  revised  statement
26    must  be approved by at least 3 members of the committee.  If
27    a member does not concur, the statement shall show only  that
28    the member dissents.

29        (10 ILCS 5/12A-105 new)
30        Sec.  12A-105.  Preparation  and  filing  of  explanatory
31    statement by Attorney General.
32        (a)  The  Attorney  General  shall  prepare an impartial,
33    simple, and understandable statement of  not  more  than  500
 
HB1982 Engrossed            -14-               LRB9206301MWcd
 1    words   explaining   each  statewide  public  question.   The
 2    statement shall be filed with the Board  no  later  than  the
 3    last  day  for  filing  a  statement  prepared  under Section
 4    12A-100.
 5        (b)  If an  explanatory  statement  is  not  filed  by  a
 6    committee   under  Section  12A-100,  the  statement  of  the
 7    Attorney General shall be the explanatory  statement  of  the
 8    question  and  shall  be subject to the provisions of Section
 9    12A-100.

10        (10 ILCS 5/12A-110 new)
11        Sec. 12A-110. Effect if explanatory statement not  filed.
12    If an explanatory statement is not filed by a committee under
13    Section  12A-100  or  by  the  Attorney General under Section
14    12A-105, the public question shall be printed in the  voters'
15    pamphlet without the explanatory statement.

16        (10 ILCS 5/12A-115 new)
17        Sec. 12A-115. Court review of explanatory statement.  Any
18    person  dissatisfied  with an explanatory statement for which
19    suggestions were offered at the Board's hearing under Section
20    12A-100, may petition the Supreme Court seeking  a  different
21    statement  and  stating  the reasons the statement filed with
22    the Court is insufficient or unclear.   If  the  petition  is
23    filed  not  later  than  the  5th  day after the deadline for
24    filing a revised statement with the Board,  the  court  shall
25    review   the   statement,  hear  arguments,  and  certify  an
26    explanatory statement  to  the  Board.   The  review  by  the
27    Supreme  Court shall be conducted expeditiously to ensure the
28    orderly and timely conduct  of  the  election  at  which  the
29    measure  is  to  be submitted to the electors.  The statement
30    certified by the court shall  be  the  explanatory  statement
31    printed in the voters' pamphlet.
 
HB1982 Engrossed            -15-               LRB9206301MWcd
 1        (10 ILCS 5/12A-120 new)
 2        Sec.  12A-120.  Filing  arguments  for  or against public
 3    question; fee or petition; size  of  argument  space.     Not
 4    later  than  the  29th  day  before  a  general election or a
 5    general primary election at which a statewide public question
 6    is to be voted upon, any person may file  with  the  Board  a
 7    typewritten argument supporting or opposing the question. The
 8    argument  shall  be  printed  on  29.8  square  inches of the
 9    voters' pamphlet if the argument is accompanied by  either  a
10    payment  of  $300  or  a petition in a form prescribed by the
11    Board containing the signatures of 1,000 electors eligible to
12    vote on the question. Each person signing the petition  shall
13    subscribe  to a statement that the person has read and agrees
14    with the argument. The signatures on each petition  shall  be
15    verified by the Board in the manner provided in Section 28-11
16    of this Code.   The petition shall be filed with the Board.

17        (10 ILCS 5/12A-125 new)
18        Sec.  12A-125. Author of argument, author's organization,
19    and disclaimer to be included in voters' pamphlet. The  Board
20    shall  include  in  the  voters'  pamphlet on the page of the
21    printed argument on a public question the name of the  person
22    who  submitted the argument, the name of the organization the
23    person represents, if any, whether the argument  supports  or
24    opposes  the  question, and a disclaimer in substantially the
25    following form:
26        "THE PRINTING OF THIS ARGUMENT  DOES  NOT  CONSTITUTE  AN
27        ENDORSEMENT  BY THE STATE OF ILLINOIS, NOR DOES THE STATE
28        WARRANT THE ACCURACY OR TRUTH OF ANY  STATEMENT  MADE  IN
29        THE ARGUMENT."

30        (10 ILCS 5/12A-135 new)
31        Sec.   12A-135.   Radio   and  television  broadcasts  to
32    supplement pamphlet. The Board  may  supplement  the  regular
 
HB1982 Engrossed            -16-               LRB9206301MWcd
 1    election  voters'  pamphlet  by  broadcasting,  by  radio  or
 2    television,  material  specified in this Section at times the
 3    Board determines suitable  during  the  4  weeks  immediately
 4    preceding  the  election  at which statewide public questions
 5    are to be submitted to the People. The material  provided  by
 6    broadcast shall include only the following:
 7             (1)  The  public  question  as it will appear on the
 8        ballot.
 9             (2)  A summary of the explanatory  statements  filed
10        relating to each statewide question.

11        (10 ILCS 5/12A-140 new)
12        Sec. 12A-140.  County voters' pamphlet.  When directed by
13    resolution of the county board, the election authority of any
14    county  shall prepare, print, and distribute a county voters'
15    pamphlet for any regular  election.

16        (10 ILCS 5/12A-145 new)
17        Sec. 12A-145.  Information required  to  be  included  in
18    county voters' pamphlet; deadline for distribution.
19        (a)  If  a county produces a county voters' pamphlet, the
20    county voters' pamphlet shall include,  when  applicable,  at
21    least the following information:
22             (1)   A   sample  ballot  containing  the  names  of
23        candidates for all offices and all  public  questions  as
24        they will appear on the ballot in the county.
25             (2)  Requirements  for  a  citizen  to qualify as an
26        elector.
27             (3)  Requirements  for  registration,  transfer   of
28        registration, and re-registration.
29             (4) Instructions as to how an elector may obtain and
30        use an absentee ballot.
31             (5)  A  statement  that  the voters' pamphlet may be
32        used to assist electors at the polls.
 
HB1982 Engrossed            -17-               LRB9206301MWcd
 1             (6) Elector instructions, including the right of  an
 2        elector to request a second ballot if the first ballot is
 3        spoiled,  the right of an elector to take into the voting
 4        booth a sample ballot marked in advance, and the right of
 5        an elector to seek assistance of the  judges of  election
 6        or  someone of the elector's own choosing, other than the
 7        elector's employer or agent of that employer  or  officer
 8        or agent of the elector's union, in marking the ballot.
 9             (7) The hours that the polling places are open.
10             (8)   Any   portraits  and  statements  relating  to
11        candidates  submitted  under  the  provisions   of   this
12        Article.
13             (9)  Any public questions as they will appear on the
14        ballot, explanatory statements, and  arguments  submitted
15        under the provisions of this Article.
16             (10) A listing of the polling places.
17             (11)   Any   other  information  that  the  election
18        authority considers to be  appropriate  or  necessary  to
19        inform the voters.
20        (b)  The  election  authority  shall  mail  or  otherwise
21    distribute the county voters' pamphlet not later than the 7th
22    day before the election.

23        (10 ILCS 5/12A-150 new)
24        Sec.  12A-150.  Schedule and procedures for producing and
25    distributing county voters' pamphlet; fees.
26        (a)  The State Board of Elections shall by rule  adopt  a
27    schedule   and   procedures   for  preparing,  printing,  and
28    distributing  county  voters'  pamphlets.  The  schedule  and
29    procedures shall include, but not be  limited  to,  deadlines
30    for  filing  material  for the voters' pamphlet and except as
31    otherwise provided by law,  the  format  of  material  to  be
32    submitted  and  the size and other requirements applicable to
33    candidate portraits.
 
HB1982 Engrossed            -18-               LRB9206301MWcd
 1        (b) The Board shall by rule adopt a schedule of  fees  to
 2    be  charged by the election authority for including portraits
 3    of candidates,  statements,  and  arguments  in  the  voters'
 4    pamphlet.  The  fees  need  not  reflect  the  actual cost of
 5    producing the voters' pamphlet. The  election authority shall
 6    refund the filing fee to  any  person  who  applies  for  the
 7    refund  not  later  than the last day for filing material for
 8    inclusion in the voters' pamphlet. When a refund is made, the
 9    material for which the fee was paid may not  be  included  in
10    the pamphlet.

11        (10 ILCS 5/12A-155 new)
12        Sec.  12A-155.  Filing  portrait  and statement by or for
13    candidate in county voters' pamphlet. Not later than the date
14    specified by the Board, any candidate  for  election  at  any
15    regular  election  within  the  county,  or  an  agent of the
16    candidate, may file with the election authority of  a  county
17    that  prepares  a  county  voters' pamphlet a portrait of the
18    candidate and a typewritten  statement  of  the  reasons  the
19    candidate  should be elected. The portrait and statement must
20    comply with the applicable rules of the Board.  The  election
21    authority  may  not  accept  the  filing  of  a  statement or
22    portrait of any candidate unless the filing is accompanied by
23    the appropriate fee as prescribed by the Board.

24        (10 ILCS 5/12A-160 new)
25        Sec. 12A-160.  Explanatory statement  in  county  voters'
26    pamphlet.  Not later than the date specified by the Board, in
27    a  county  that  prepares  a  county  voters'  pamphlet,  the
28    proponents of a public  question  that  will  appear  on  the
29    ballot  shall submit an impartial, simple, and understandable
30    statement explaining the public question and its effect.

31        (10 ILCS 5/12A-165 new)
 
HB1982 Engrossed            -19-               LRB9206301MWcd
 1        Sec. 12A-165.  Filing arguments  for  or  against  public
 2    question in county voters' pamphlet.
 3        (a)  Not  later  than  the date specified by the Board by
 4    rule, in a county that prepares a  county  voters'  pamphlet,
 5    any person may file with the election authority a typewritten
 6    argument  supporting  or  opposing any public questions to be
 7    submitted to the voters on the ballot. The election authority
 8    may not accept any arguments that are not accompanied by  the
 9    fee  established  by  the  Board  or  a  petition  in  a form
10    prescribed  by  the  Board.  A  petition  shall  contain  the
11    signatures of at least 4%  of  the  electors  in  the  county
12    eligible  to  vote  on  the  question  to  which the argument
13    refers, or the signatures of 1,000  electors  in  the  county
14    eligible to vote on the question to which the argument refers
15    whichever  is  less.  The number of registered electors in an
16    electoral district, for the purposes of this  Section,  shall
17    be  calculated on January 1 of each year. Each person signing
18    the petition shall subscribe to a statement that  the  person
19    has read and agrees with the argument.  The petition shall be
20    filed with the election authority.
21        (b)  The  election  authority shall include in the county
22    voters' pamphlet, on the page of the  printed  argument,  the
23    name  of  the  person who submitted the argument, the name of
24    the organization the person represents, if any,  whether  the
25    argument  supports  or  opposes the measure, and a disclaimer
26    that the argument does not constitute an indorsement  by  the
27    county  and  that the county does not warrant the accuracy or
28    truth of any statement made in the argument.

29        (10 ILCS 5/12A-170 new)
30        Sec. 12A-170.  Cost of pamphlet preparation.    All  fees
31    collected  by an election authority under this Article may be
32    transmitted to the State Board of Elections, as  provided  by
33    rule  of  the  Board,  and  deposited  by  the Board into the
 
HB1982 Engrossed            -20-               LRB9206301MWcd
 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-175 new)
 6        Sec.   12A-175.  Content  of  statements  and  arguments;
 7    notice of material that may be excluded.
 8        (a)  Statements and arguments submitted for inclusion  in
 9    a  county  voters'  pamphlet by a candidate, political party,
10    political committee, or other person supporting or opposing a
11    measure shall consist only of words or numbers.
12        (b)  The  election  authority  shall   specify   on   any
13    instructions  for  filing  a  statement,  argument,  or other
14    material in the county voters' pamphlet that  the  statement,
15    argument, or material may be excluded under Section 12A-50.

16        (10 ILCS 5/12A-180 new)
17        Sec. 12A-180.  Names of persons or organizations excluded
18    from arguments and statements; exceptions.
19        (a)  Except   as  provided  in  subsection  (b)  of  this
20    Section, the election authority may not print the name of any
21    person or organization in any argument supporting or opposing
22    any public question or any statement of any candidate,  filed
23    for  inclusion  in  a county voters' pamphlet, if the name of
24    the  person  or  organization  is  cited  as  supporting   or
25    endorsing the argument or statement.
26        (b)  The  election  authority  may  print  the  name of a
27    person or organization in an argument or statement  submitted
28    for  inclusion  in a county voters' pamphlet as supporting or
29    endorsing the argument or statement if:
30             (1) not  later  than  the  deadline  for  filing  an
31        argument  or  statement  with the election authority, the
32        election authority receives a  statement  signed  by  the
 
HB1982 Engrossed            -21-               LRB9206301MWcd
 1        person,  or  by  an  authorized  person  on  behalf of an
 2        organization, stating that the person consents to the use
 3        of the name of the person or organization; or
 4             (2) the name of a person  or  organization  is  used
 5        with  a  quotation  made  by  the person on behalf of the
 6        person or  by  an  authorized  person  on  behalf  of  an
 7        organization,  the  quotation  was  disseminated  to  the
 8        public   prior  to  its  inclusion  in  the  argument  or
 9        statement, and the quotation is identified by its  source
10        and date.
11        (c)  A  person  may  not  submit  a false signature under
12    subsection (b) of this Section.

13        (10 ILCS 5/12A-185 new)
14        Sec. 12A-185.  Type  of  material  to  be  excluded  from
15    county  voters'  pamphlet;  liability for libel; procedure if
16    material excluded.
17        (a)  The election authority shall reject  any  statement,
18    argument,  or other matter offered for filing and printing in
19    a county voters' pamphlet that:
20             (1) contains any  obscene,  profane,  or  defamatory
21        language;
22             (2)  incites or advocates hatred, abuse, or violence
23        toward any person or group; or
24             (3)  contains any language that may not  legally  be
25        circulated through the mails.
26        (b)  Nothing in this Article shall make the author of any
27    statement  or  argument  exempt  from  any  civil or criminal
28    action because  of  any  defamatory  statements  offered  for
29    printing  or  contained  in the voters' pamphlet. The persons
30    writing, signing, or offering a  statement  or  argument  for
31    filing shall be deemed its authors and publishers.
32        (c)  The  Board  shall  by  rule establish a procedure to
33    notify a person who offered a statement, argument,  or  other
 
HB1982 Engrossed            -22-               LRB9206301MWcd
 1    matter  that  was  rejected  under  this  Section. Subject to
 2    voters' pamphlet deadlines, the procedure shall  require  the
 3    election authority to:
 4             (1)  make  reasonable  attempts to notify the person
 5        of the rejection; and
 6             (2) allow the person, if  notified  under  paragraph
 7        (1)  of  this subsection, to revise the statement so that
 8        it does not violate the provisions of this Section.

 9        (10 ILCS 5/12A-190 new)
10        Sec. 12A-190.  Format of candidate's statement in  county
11    voters'  pamphlet.  The  candidate's  statement  in  a county
12    voters' pamphlet shall begin with a summary of the following:
13    occupation,  educational  and  occupational  background,  and
14    prior governmental experience.

15        (10 ILCS 5/12A-195 new)
16        Sec. 12A-195.  Exemption from public records law;  county
17    voters' pamphlet. Notwithstanding any other provisions of law
18    relating  to  public  records, materials filed by a candidate
19    for inclusion in a county  voters'  pamphlet,  and  arguments
20    supporting  or opposing a public question filed by any person
21    for inclusion in a county voters' pamphlet  are  exempt  from
22    public  inspection until the 4th business day after the final
23    date for filing the materials.

24        (10 ILCS 5/12A-200 new)
25        Sec. 12A-200.  Statements and arguments  inadmissible  in
26    action  to  enjoin  publication  of  county voters' pamphlet.
27    Material  submitted  for  inclusion  in  any  county  voters'
28    pamphlet may not be admitted  as  evidence  in  any  suit  or
29    action  against  the election authority to restrain or enjoin
30    the publication of the voters' pamphlet.
 
HB1982 Engrossed            -23-               LRB9206301MWcd
 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    10 ILCS 5/12A-85 new
22    10 ILCS 5/12A-90 new
23    10 ILCS 5/12A-95 new
24    10 ILCS 5/12A-100 new
25    10 ILCS 5/12A-105 new
26    10 ILCS 5/12A-110 new
27    10 ILCS 5/12A-115 new
28    10 ILCS 5/12A-120 new
29    10 ILCS 5/12A-125 new
30    10 ILCS 5/12A-130 new
31    10 ILCS 5/12A-135 new
32    10 ILCS 5/12A-140 new
33    10 ILCS 5/12A-145 new
34    10 ILCS 5/12A-150 new
 
HB1982 Engrossed            -24-               LRB9206301MWcd
 1    10 ILCS 5/12A-155 new
 2    10 ILCS 5/12A-160 new
 3    10 ILCS 5/12A-165 new
 4    10 ILCS 5/12A-170 new
 5    10 ILCS 5/12A-175 new
 6    10 ILCS 5/12A-180 new
 7    10 ILCS 5/12A-185 new
 8    10 ILCS 5/12A-190 new
 9    10 ILCS 5/12A-195 new
10    10 ILCS 5/12A-200 new

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