HB5579 104TH GENERAL ASSEMBLY

LRB104 19468 SPS 32916 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5579

Introduced 2/13/2026, by Rep. Jennifer Sanalitro

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 430/5-15.5 new

Creates the Local Referendum Neutrality and Taxpayer Protection Act. Provides that a public body may only expend public funds related to a local referendum for specified purposes. Provides for the designation of an official committee in favor and the official committee opposed to the local referendum. Provides for the preparation of arguments in favor of or in opposition to the local referendum by the committees. Provides that an election authority shall review the arguments and publish the arguments in a voter information package. Sets forth provisions concerning conduct by public employees and public bodies. Amends the State Officials and Employees Ethics Act. Provides that activities intended to influence voter support for or opposition to a referendum or potential referendum, when conducted using public funds, public facilities, or employee compensated time, constitute prohibited political activity. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Local Referendum Neutrality and Taxpayer Protection Act.

Section 5. Definitions. As used in this Section:

"Advocacy" means any communication or activity reasonably designed to influence voter support in favor of or in opposition to a referendum or potential referendum.

"Election authority" means the county clerk or board of election commissioners having jurisdiction over the election in which the local referendum will appear on the ballot.

"Local referendum" means any ballot proposition initiated by or on behalf of a unit of local government, school district, or special district that authorizes a tax increase, tax extension, levy, or bond issuance.

"Neutral explanatory statement" means factual, descriptive information limited to the legal effect, duration, and standardized fiscal impact of a referendum, presented without advocacy, persuasive framing, value judgments, or exhortations.

Section 10. Permitted communications.

(a) A public body may only expend public funds related to a local referendum for the following purposes:

(1) preparation of a neutral explanatory statement describing the legal effect and operation of the referendum, prepared by the election authority or its legal counsel;

(2) preparation of a standardized fiscal impact statement using uniform assumptions prescribed by the election authority;

(3) publication of the ballot language as certified; and

(4) distribution of the argument in favor and argument in opposition submitted in accordance with subsection (c).

(b) Any referendum-related communications not authorized by subsection (a) using public funds, public facilities, or employee compensated time are prohibited.

(c) If one or more political committees are properly registered under the Election Code for or against a local referendum, the election authority shall designate as the official committee in favor and the official committee opposed whichever committee on each side submits the most verified voter endorsements from registered voters residing in the jurisdiction of the public body submitting the referendum.

Section 15. Voter endorsement requirements. A voter endorsement considered under subsection (c) of Section 10 shall be considered valid only if it:

(1) is submitted by a natural person registered to vote in the jurisdiction;

(2) includes the voter's name and residential address; and

(3) contains the following attestation: "I am a registered voter residing in this jurisdiction and I designate this committee as the official author of the argument in favor of [or opposition to] the proposed referendum for purposes of the official voter information".

Section 20. Limitations on endorsements and committee participation.

(a) A voter may endorse only one committee in favor or one committee opposed to a referendum.

(b) No person may simultaneously participate in, direct, or act on behalf of both a committee in favor and committee in opposition.

(c) No officer, employee, contractor, or agent of the public body submitting the referendum may participate in, direct, or act on behalf of either the committee in favor or the committee in opposition.

Section 25. Endorsement collection period. The election authority shall establish an endorsement collection period of not less than 30 days after the certification of the referendum question. The election authority shall only consider endorsements submitted during this period.

Section 30. Tie resolution. If 2 or more committees on the same side submit an equal number of verified endorsements, the election authority shall resolve the tie by conducting a public lottery.

Section 35. Absence of endorsements. If no committee submits endorsements on one side of the referendum, the election authority shall solicit volunteers from registered voters residing in the jurisdiction and select committee members by random draw. If no volunteers come forward, the voter information package shall state: "No argument was submitted in favor of [or in opposition to] this proposition".

Section 40. No exclusive speech rights; scope of designation. Designation or nondesignation of a committee under this Section shall not be construed to confer any exclusive right to speak, campaign, fundraise, associate, or otherwise advocate for or against a referendum. This Section only controls participation in the official voter information package prepared and distributed by the election authority.

Section 45. Personal-capacity advocacy by public employees. Nothing in this Section shall prohibit an officer, employee, contractor, or agent of a public body from engaging in referendum advocacy in a personal capacity, provided that no public funds, public facilities, public resources, or employee compensated time are used for the advocacy.

Section 50. Prohibited conduct. No public body shall expend public funds, use public facilities, or use employee compensated time to engage in any activity reasonably designed to influence voter support for or opposition to a referendum or potential referendum, including, but not limited to:

(1) public opinion polling or surveying of voters regarding support, opposition, tax tolerance, or message receptivity;

(2) message testing, scenario testing, or framing of funding levels for electoral viability;

(3) development, production, or dissemination of promotional materials highlighting benefits of passage or defeat without equal presentation of opposing considerations;

(4) strategic communications planning related to a referendum campaign;

(5) social media advocacy, targeted outreach, or audience segmentation related to a referendum;

(6) press releases, presentations, speeches, websites, newsletters, or public messaging advocating for passage or defeat;

(7) engagement of consultants whose services include referendum campaign strategy, voter persuasion, opposition research, or campaign management;

(8) internal planning or coordination intended to transition public resources, data, or messaging to a political committee advocating passage or defeat; and

(9) organizing, facilitating, funding, or conducting polling, focus groups, listening sessions, message testing, or other voter research activities intended to refine messaging, assess electoral viability, identify supporters or opponents, shape narratives, or otherwise plan, develop, or support referendum campaign strategy or infrastructure.

Section 55. Timing requirements.

(a) An election authority shall designate the official committee in favor and the official committee opposed no later than 80 days before the election at which the referendum will appear.

(b) The official committee in favor and committee in opposition shall have a protected writing period of not less than 14 days after the final designation. The official argument in favor and argument in opposition shall be submitted to the election authority no later than the statutory deadline for certification of ballot questions applicable to that election, as provided in this Code. No argument submitted after the certification deadline shall be accepted or published.

Section 60. Review and publication. The election authority may review the argument in favor and argument in opposition solely for compliance with uniform formatting requirements, equal word limits, and prohibitions on obscenity or libel. No substantive edits to advocacy arguments shall be made. All materials shall be certified and published as a single voter information package.

Section 65. Enforcement and official misconduct.

(a) Any elector residing in the jurisdiction of the referendum may seek declaratory or injunctive relief to enforce this Act.

(b) Any officer, employee, or agent of a public body who knowingly authorizes, directs, or participates in a violation of this Act commits an act in excess of lawful authority for the purposes of Section 33-3 of the Criminal Code of 2012.

Section 90. The State Officials and Employees Ethics Act is amended by adding Section 5-15.5 as follows:

(5 ILCS 430/5-15.5 new)

Sec. 5-15.5. Referendum-related political activity. Public opinion polling, voter surveying, message testing, strategic communications, or other activities intended to influence voter support for or opposition to a referendum or potential referendum, when conducted using public funds, public facilities, or employee compensated time, constitute prohibited political activity. Nothing in this Section limits investigation or prosecution under Section 33-3 of the Criminal Code of 2012 or any other applicable law.

Section 99. Effective date. This Act takes effect upon becoming law.