SB2996sam001 104TH GENERAL ASSEMBLY

Sen. Mary Edly-Allen

Filed: 3/5/2026

10400SB2996sam001 LRB104 20019 SPS 35160 a

AMENDMENT TO SENATE BILL 2996

AMENDMENT NO. ______. Amend Senate Bill 2996 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by adding Section 9-9.6 as follows:

(10 ILCS 5/9-9.6 new)

Sec. 9-9.6. Disclosure of political communications generated by artificial intelligence.

(a) As used in this Section:

"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.

"Distribution platform" includes, but is not limited to, a website or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet publication or electronic publication, that routinely carries news and commentary of general interest.

"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question, that contains any image, audio, or video that (i) is generated in whole or substantially with the use of artificial intelligence and (ii) may reasonably lead to voter interference, coercion, or intimidation if the use of artificial intelligence is not disclosed to voters.

(b) If a person, committee, or other entity creates, originally publishes, or originally distributes a qualified political advertisement within 120 days before an election or up to 60 days after an election, the qualified political advertisement shall include, in a clear and conspicuous manner, a statement that the qualified political advertisement was generated in whole or substantially by artificial intelligence as follows:

(1) if the qualified political advertisement is a graphic communication, the statement shall appear in letters at least as large as the majority of the text in the graphic communication and be in the same language as the language used in the graphic communication;

(2) if the qualified political advertisement is an audio communication, the statement shall be spoken in a clearly audible and intelligible manner at the beginning or end of the communication, shall last at least 3 seconds, and shall be in the same language as the language used in the audio communication; and

(3) if the qualified political advertisement is a video communication that also includes audio, the statement shall:

(A) appear for at least 4 seconds in letters at least as large as the majority of any text communication or, if there is no other text communication, in a size that is easily readable by the average viewer;

(B) be spoken in a clearly audible and intelligible manner at the beginning or end of the communication and last at least 3 seconds; and

(C) be in the same language as the language used in the video communication.

(c) A person who violates subsection (b) is subject to the following:

(1) for a first violation, the Board may impose on the person a civil penalty of not more than $250; and

(2) for a second or subsequent violation, the Board may impose on the person a civil penalty of not more than $1,000 for each violation.

Each qualified political advertisement that is distributed or aired to the public that violates this Section is a separate violation.

(d) This Section does not apply to any of the following:

(1) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, streaming service, or mobile application of one of the entities described in this paragraph that broadcasts a qualified political advertisement or a communication generated in whole or substantially by artificial intelligence as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the communication;

(2) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, streaming service, or mobile application of one of the entities described in this paragraph when the entity is paid to broadcast qualified political advertisements if the entity does not intentionally remove or modify any disclaimer provided by the creator or sponsor of the election communication;

(3) a distribution platform that publishes qualified political advertisements prohibited under this Section, if the distribution platform has a clearly stated written policy, provided to any person, committee, or other entity that creates, seeks to publish, or originally distributes a qualified political advertisement, that the qualified political advertisement shall include a statement consistent with subsection (b);

(4) a qualified political advertisement that constitutes satire or parody; and

(5) a business or its affiliate if the business or its affiliate is regulated by the Federal Communications Commission.

(e) A distribution platform is not liable under this Section if the distribution platform can show that it provided notice to the distributor of a qualified political advertisement of the distribution platform's prohibitions concerning the failure to disclose content created in whole or substantially by artificial intelligence in a qualified political advertisement or prerecorded telephone message.

(f) If a person, committee, or other entity violates subsection (b) by creating, publishing, or disclosing a qualified political advertisement that features another candidate and that does not satisfy the requirements of this Section, then the featured candidate may petition the circuit court for injunctive relief to prohibit publication or disclosure of the qualified political advertisement. A featured candidate that prevails in circuit court under this subsection (f) may recover reasonable attorney's fees and costs.".