SB3673 104TH GENERAL ASSEMBLY

LRB104 17932 SPS 31369 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3673

Introduced 2/5/2026, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

10 ILCS 5/12A-2
10 ILCS 5/12A-5
10 ILCS 5/12A-10
10 ILCS 5/12A-35
10 ILCS 5/12A-36 new
10 ILCS 5/12A-37 new
10 ILCS 5/12A-38 new
10 ILCS 5/12A-39 new
10 ILCS 5/12A-45
10 ILCS 5/12A-50
10 ILCS 5/12A-55

Amends the Election Code. Any election authority maintaining a website shall publish, no later than the 45 days before a general election, an Internet Guide containing specified information. Sets forth provisions concerning language access and the election authority's review of candidate photographs, campaign finance attestations, and statements to be included in the Internet Guide. Makes changes in provisions concerning the Internet Guide published by the State Board of Elections.

A BILL FOR

AN ACT concerning elections.

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

Section 5. The Election Code is amended by changing Sections 12A-2, 12A-5, 12A-10, 12A-35, 12A-45, 12A-50, and 12A-55 and by adding Sections 12A-36, 12A-37, 12A-38, and 12A-39 as follows:

(10 ILCS 5/12A-2)

Sec. 12A-2. Definitions. As used in this Article, unless the context otherwise requires:

"Board" means the State Board of Elections.

"Internet Guide" refers to information disseminated by the State Board of Elections on a website, pursuant to Section 12A-5.

"Local election authority" means a county clerk or board of election commissioners.

"Public question" or "question" means any question, proposition, or referendum submitted to the voters under Article 28 of this Code.

"Statewide candidate" means any candidate who runs for a statewide office, including Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, United States President, or United States Senator.

"Voters' guide" means any information disseminated by the State Board of Elections pursuant to Section 12A-5 or a local election authority pursuant to Section 12A-39.

(Source: P.A. 94-645, eff. 8-22-05.)

(10 ILCS 5/12A-5)

Sec. 12A-5. Board Internet Guide. The Board shall publish, no later than the 45th day before a general election in which a statewide candidate appears on the ballot, an Internet website with the following information:

(1) The date and time of the general election.

(2) Requirements for a citizen to qualify as an elector.

(3) The deadline for registering as an elector in the State of Illinois for the next election.

(4) Contact information for local election authorities.

(5) A description of the following offices, when they appear on the ballot, including their term of office, basic duties, and base salary: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge, State Senator, and State Representative. The Board shall not include information on any office other than the offices listed in this item (5).

(6) The names and party affiliations of qualified candidates for the following offices, when these offices appear on the ballot: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge, State Senator, and State Representative. The Board shall not include information on candidates for any office other than the offices listed in this item (6).

(7) Challenged candidates. Where a candidate's right to appear on the general election ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear on the Internet Guide, subject to the other provisions of Section 12A-10. In this instance, the Board may note that the candidate's candidacy has been challenged and that he or she may be removed from the ballot prior to election day. If the candidate is removed from the ballot prior to election day, the Board shall remove the candidate's name and other information from the Internet Guide.

(8) Any personal statement, contact information, campaign finance attestation, and photograph submitted by a candidate named in the Internet Guide, subject to Sections 12A-10 and 12A-35.

(9) A means by which an elector may determine what type of balloting equipment is used by his or her local election authority, and the instructions for properly using that equipment.

(10) The text of any public question that may appear on the ballot.

(11) A mechanism by which electors may determine in which congressional and judicial districts they reside. The Internet Guide shall allow visitors to search for candidates by office (e.g., Governor or United States Senator) and candidate's name.

(12) Information concerning how to become an election judge.

The Board shall archive the contents of the Internet Guide for a period of at least 5 years.

In addition, the Board has the discretion to publish a voters' guide before a general primary election in the manner provided in this Article.

(Source: P.A. 94-645, eff. 8-22-05.)

(10 ILCS 5/12A-10)

Sec. 12A-10. Candidate statements, campaign finance attestation, and photographs in the Board Internet Guide.

(a) Any candidate whose name appears in the Internet Guide may submit a written statement, contact information, campaign finance attestation, and a photograph to appear in the Internet Guide, provided that:

(1) No personal statement may exceed a brief biography (name, age, education, and current employment) and an additional 400 words.

(2) Contact Personal statements may include contact information for the candidate may include , including the address and phone number of the campaign headquarters, and the candidate's website.

(3) Personal statements may not mention a candidate's opponents by name.

(4) No personal statement may include language that may not be legally sent through the mail.

(5) The photograph shall be a conventional photograph with a plain background and show only the face, or the head, neck, and shoulders, of the candidate.

(5.5) If a candidate chooses to submit a campaign finance attestation, it shall be signed by the candidate and include an attestation that the candidate has not and will not accept campaign contributions from corporate political action committees or corporations during the election.

(6) The photograph shall not (i) show the candidate's hands, anything in the candidate's hands, or the candidate wearing a judicial robe, a hat, or a military, police, or fraternal uniform or (ii) include the uniform or insignia of any organization.

If a candidate provides a signed campaign finance attestation, the Internet Guide shall provide that: "The candidate attests that the candidate has not and will not accept campaign contributions from corporate political action committees or corporations during the election." If a candidate does not provide a signed campaign finance attestation, the Internet Guide shall provide that: "No campaign finance attestation was submitted by the candidate."

(b) The Board must note in the text of the Internet Guide that personal statements were submitted by the candidate or his or her designee and were not edited by the Board.

(c) Where a candidate declines to submit a statement, the Board may note that the candidate declined to submit a statement.

(d) (Blank.)

(e) Anyone other than the candidate submitting a statement, campaign finance attestation, or photograph from a candidate must attest that he or she is doing so on behalf and at the direction of the candidate. The Board may assess a civil fine of no more than $1,000 against a person or entity who falsely submits a statement or photograph not authorized by the candidate.

(f) Nothing in this Article makes the author of any statement exempt from any civil or criminal action because of any defamatory statements offered for posting or contained in the Internet Guide. The persons writing, signing, or offering a statement for inclusion in the Internet Guide are deemed to be its authors and publishers, and the Board shall not be liable in any case or action relating to the content of any material submitted by any candidate.

(g) The Board may set reasonable deadlines for the submission of personal statements, campaign finance attestation, and photographs.

(h) The Board may set formats for the submission of statements, campaign finance attestation, and photographs. The Board may require that statements, campaign finance attestation, and photographs are submitted in an electronic format.

(i) Fines collected pursuant to subsection (e) of this Section shall be deposited into the Voters' Guide Fund, a special fund created in the State treasury. Moneys in the Voters' Guide Fund shall be appropriated solely to the State Board of Elections for use in the implementation and administration of this Article 12A.

(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)

(10 ILCS 5/12A-35)

Sec. 12A-35. Board's review of candidate photograph, campaign finance attestation, and statement; procedure for revision.

(a) If a candidate files a photograph, campaign finance attestation, and statement under item (8) of Section 12A-5 in a voters' guide, the Board shall review the photograph, campaign finance attestation, and statement to ensure that they comply with the requirements of Section 12A-10. Review by the Board under this Section shall be limited to determining whether the photograph and statement comply with the requirements of Section 12A-10 and may not include any determination relating to the accuracy or truthfulness of the substance or contents of the materials filed.

(b) The Board shall review each photograph, campaign finance attestation, and statement. If the Board determines that the photograph or statement of a candidate must be revised in order to comply with the requirements of Section 12A-10, the Board shall attempt to contact the candidate. A candidate contacted by the Board under this Section may file a revised photograph, campaign finance attestation, or statement no later than the 5th business day following notification.

(c) If the Board is required to attempt to contact a candidate under subsection (b) of this Section, the Board shall attempt to contact the candidate by telephone or by using an electronic transmission facsimile machine, if such contact information is provided by the candidate.

(d) If the Board is unable to contact a candidate, if the candidate does not file a revised photograph, campaign finance attestation, or statement, or if the revised filing under subsection (b) again fails to meet the standards of review set by the Board:

(1) If a photograph does not comply with Section 12A-10, the Board may modify the photograph. The candidate shall pay the expense of any modification before publication of the photograph in the voters' guide. If the photograph cannot be modified to comply with Section 12A-10, the photograph shall not be printed in the guide.

(2) If a statement does not comply with Section 12A-10, the statement shall not be published in the voters' guide.

(e) If the photograph or statement of a candidate filed under item (8) of Section 12A-5 does not comply with a requirement of Section 12A-10 and the Board does not attempt to contact the candidate by the deadline specified in subsection (b) of this Section, then, for purposes of this Section only, the photograph or statement shall be published as filed.

(f) A candidate revising a photograph or statement under this Section shall make only those revisions necessary to comply with Section 12A-10.

(g) The Board may by rule define the term "contact" as used in this Section.

(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)

(10 ILCS 5/12A-36 new)

Sec. 12A-36. Local Election Authority Internet Guide and Mailed Voters' Guide. Any election authority maintaining a website shall publish, no later than the 45 days before a general election, the following information:

(1) The date and time of the general election.

(2) Requirements for a citizen to qualify as an elector.

(3) The deadline for registering as an elector in this State for the next election.

(4) Contact information for local election authorities.

(5) A description of the offices that will appear on the ballot, including their term of office, basic duties, and base salary, excluding the offices that are governed by the Board's Internet Guide in Section 12A-5 provided that the local election authority provides a link to the website domain of the Board's Internet Guide in Section 12A-5.

(6) The names and party affiliations of qualified candidates for the offices that will appear on the ballot, excluding the offices that are governed by the Board's Internet Guide in Section 12A-5 provided that the local election authority provides a link to the website domain of the Board's Internet Guide in Section 12A-5.

(7) Challenged candidates. Where a candidate's right to appear on the general election ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear on the Internet Guide, subject to the other provisions of Section 12A-37. In this instance, the local election authority may note that the candidate's candidacy has been challenged and that he or she may be removed from the ballot prior to election day. If the candidate is removed from the ballot prior to election day, the local election authority shall remove the candidate's name and other information from the Internet Guide.

(8) Any personal statement, contact information, campaign finance attestation, and photograph submitted by a candidate named in the Internet Guide, subject to Sections 12A-37 and 12A-39.

(9) A means by which an elector may determine what type of balloting equipment is used by the local election authority, and the instructions for properly using that equipment.

(10) The text of any public question that may appear on the ballot.

(11) A mechanism by which electors may determine in which congressional, judicial, and state legislative districts they reside. The Internet Guide shall allow visitors to search for candidates by office (e.g., Governor or United States Senator) and candidate's name.

(12) Information concerning how to become an election judge.

The local election authority shall archive the contents of the Internet Guide for a period of at least 5 years.

In addition, the local election authority has the discretion to publish a voters' guide before a general primary election in the manner provided in this Article.

Any local election authority that mails out a sample ballot prior to a general election shall compile the information included in the Local Election Authority Internet Guide into a Voters' Guide that shall get mailed out to voters in the jurisdiction with the sample ballot. In lieu of the requirement to mail out the contents of the Local Election Authority Internet Guide, a local election authority that mails out a sample ballot prior to a general election may mail out to voters within the jurisdiction the website domain where the Local Election Authority Internet Guide is located. A local election authority may work with the Board to access moneys in the Voters' Guide Fund to implement this Section. Dispersal of Voters' Guide Fund moneys is at the discretion of the Board.

(10 ILCS 5/12A-37 new)

Sec. 12A-37. Candidate statements, campaign finance attestation, and photographs in the Local Election Authority Internet Guide.

(a) Any candidate whose name appears in the Internet Guide may submit a written statement, contact information, campaign finance attestation, and a photograph to appear in the Internet Guide, provided that:

(1) No personal statement may exceed a brief biography (name, age, education, and current employment) and an additional 400 words.

(2) Contact information for the candidate may include the address and phone number of the campaign headquarters, and the candidate's website.

(3) Personal statements may not mention a candidate's opponents by name.

(4) No personal statement may include language that may not be legally sent through the mail.

(5) If a candidate chooses to submit a campaign finance attestation, it shall be signed by the candidate and include an attestation that the candidate has not and will not accept campaign contributions from corporate political action committees or corporations during the election.

(6) The photograph shall be a conventional photograph with a plain background and show only the face, or the head, neck, and shoulders, of the candidate.

(7) The photograph shall not (i) show the candidate's hands, anything in the candidate's hands, or the candidate wearing a judicial robe, a hat, or a military, police, or fraternal uniform or (ii) include the uniform or insignia of any organization.

If a candidate provides a signed campaign finance attestation, the Internet Guide shall provide that: "The candidate attests that the candidate has not and will not accept campaign contributions from corporate political action committees or corporations during the election." If a candidate does not provide a signed campaign finance attestation, the Internet Guide shall provide that: "No campaign finance attestation was submitted by the candidate."

(b) The local election authority must note in the text of the Internet Guide that personal statements were submitted by the candidate or his or her designee and were not edited by the Board.

(c) Where a candidate declines to submit a statement, the local election authority may note that the candidate declined to submit a statement.

(d) Anyone other than the candidate submitting a statement, campaign finance attestation, or photograph from a candidate must attest that he or she is doing so on behalf and at the direction of the candidate. The local election authority may assess a civil fine of no more than $1,000 against a person or entity who falsely submits a statement or photograph not authorized by the candidate.

(e) Nothing in this Article makes the author of any statement exempt from any civil or criminal action because of any defamatory statements offered for posting or contained in the Internet Guide. The persons writing, signing, or offering a statement for inclusion in the Internet Guide are deemed to be its authors and publishers, and the local election authority shall not be liable in any case or action relating to the content of any material submitted by any candidate.

(f) The local election authority may set reasonable deadlines for the submission of personal statements, campaign finance attestation, and photographs.

(g) The local election authority may set formats for the submission of statements, campaign finance attestation, and photographs. The Board may require that statements, campaign finance attestation, and photographs are submitted in an electronic format.

(h) Fines collected pursuant to subsection (d) of this Section shall be deposited into the Voters' Guide Fund, a special fund created in the State treasury. Moneys in the Voters' Guide Fund shall be appropriated solely to the State Board of Elections for use in the implementation and administration of this Article 12A.

(10 ILCS 5/12A-38 new)

Sec. 12A-38. Language. The local election authority may translate all of the material it is required to provide for the Internet Guide into other languages as it deems necessary to comply with the federal Voting Rights Act or at its discretion. Visitors to the site shall have the option of viewing the Guide in all languages into which the Guide has been translated. Candidates may, at their option and expense, submit statements in languages other than English. The Board shall not be responsible for translating candidate statements.

(10 ILCS 5/12A-39 new)

Sec. 12A-39. Local election authority's review of candidate photograph, campaign finance attestation, and statement; procedure for revision.

(a) If a candidate files a photograph, campaign finance attestation, and statement under item (8) of Section 12A-36 in a voters' guide, the local election authority shall review the photograph, campaign finance attestation, and statement to ensure that they comply with the requirements of Section 12A-37. Review by the local election authority under this Section shall be limited to determining whether the photograph and statement comply with the requirements of Section 12A-37 and may not include any determination relating to the accuracy or truthfulness of the substance or contents of the materials filed.

(b) The local election authority shall review each photograph, campaign finance attestation, and statement. If the local election authority determines that the photograph or statement of a candidate must be revised in order to comply with the requirements of Section 12A-37, the Board shall attempt to contact the candidate. A candidate contacted by the local election authority under this Section may file a revised photograph, campaign finance attestation, or statement no later than the 5th business day following notification.

(c) If the local election authority is required to attempt to contact a candidate under subsection (b) of this Section, the local election authority shall attempt to contact the candidate by telephone or by using an electronic transmission facsimile machine, if such contact information is provided by the candidate.

(d) If the local election authority is unable to contact a candidate, if the candidate does not file a revised photograph, campaign finance attestation, or statement, or if the revised filing under subsection (b) again fails to meet the standards of review set by the local election authority:

(1) If a photograph does not comply with Section 12A-37, the local election authority may modify the photograph. The candidate shall pay the expense of any modification before publication of the photograph in the voters' guide. If the photograph cannot be modified to comply with Section 12A-37, the photograph shall not be printed in the guide.

(2) If a statement does not comply with Section 12A-10, the statement shall not be published in the voters' guide.

(e) If the photograph or statement of a candidate filed under item (8) of Section 12A-36 does not comply with a requirement of Section 12A-37 and the local election authority does not attempt to contact the candidate by the deadline specified in subsection (b) of this Section, then, for purposes of this Section only, the photograph or statement shall be published as filed.

(f) A candidate revising a photograph or statement under this Section shall make only those revisions necessary to comply with Section 12A-37.

(g) The local election authority may use the definition for "contact" as created by the Board by rule under Section 12A-35.

(10 ILCS 5/12A-45)

Sec. 12A-45. Material submitted for inclusion in any voters' guide may not be admitted as evidence in any suit or action against the Board or local election authority to restrain or enjoin the publication of a voters' guide.

(Source: P.A. 94-645, eff. 8-22-05.)

(10 ILCS 5/12A-50)

Sec. 12A-50. Order of appearance within the guides. For all guides disseminated by the Board or local election authority, all information about offices and candidates on the ballot shall be listed together in the same part of the guide or insert. All candidates for one office, together with their statements and photographs if any, shall be listed before information on other offices and candidates is listed. To the extent possible, offices and candidates shall be listed in the same order in which they appear on the ballot.

(Source: P.A. 94-645, eff. 8-22-05.)

(10 ILCS 5/12A-55)

Sec. 12A-55. Constitutional issues. If a constitutional amendment appears on the ballot, the contents of the pamphlet issued by the Secretary of State under Section 2 of the Illinois Constitutional Amendment Act may be included in any guide issued by the Board or local election authority.

(Source: P.A. 94-645, eff. 8-22-05.)