96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0268


 
Introduced 1/23/2009, by Rep. Bill Mitchell
 
SYNOPSIS AS INTRODUCED:
 		














10 ILCS 5/9-9.5









    Amends the Election Code.  Provides that an automatically generated telephone communication that (i) is directed at voters and (ii) mentions the name of a candidate at the next election or advocates for or against a public policy position must identify the person or entity paying for the communication.  Makes knowing generation of a violating communication a Class A misdemeanor.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0268

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    AN ACT concerning elections.

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


 
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    Section 5. The Election Code is amended  by changing Section 
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9-9.5 as follows:
 
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    (10 ILCS 5/9-9.5)

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    Sec. 9-9.5. Disclosures in political communications.
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    (a)
Any political committee, organized under the Election 
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Code, that
makes an expenditure for a pamphlet, circular, 
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handbill, Internet or telephone communication, radio, 
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television,
or print advertisement,
or other communication 
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directed at voters and
mentioning the name of a candidate in 
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the next upcoming election shall ensure
that the name of the 
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political committee paying for any part of the
communication, 
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including, but not limited to, its preparation and 
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distribution,
is
identified clearly within the communication 
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as the payor. This subsection does
not apply to items that are 
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too small to contain the required disclosure.

Nothing in this 
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subsection shall require disclosure on any telephone 
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communication using random sampling or other scientific survey 
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methods to gauge public opinion for or against any candidate or 
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question of public policy.


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    Whenever any vendor or other person provides any of the 
 


 






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services listed in this subsection, other than any telephone 
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communication using random sampling or other scientific survey 
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methods to gauge public opinion for or against any candidate or 
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question of public policy, the vendor or person shall keep and 
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maintain records showing the name and address of the person who 
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purchased or requested the services and the amount paid for the 
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services. The records required by this subsection shall be kept 
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for a period of one year after the date upon which payment was 
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received for the services.

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    (b) Any political committee, organized under this Code,




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that makes an expenditure for a pamphlet, circular, handbill,




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Internet or telephone communication, radio, television, or




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print advertisement, or other communication directed at voters




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and (i) mentioning the name of a candidate in the next upcoming




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election, without that candidate's permission, or
 (ii)




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advocating for or against a public policy position shall ensure




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that the name of the political committee paying for any part of




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the communication, including, but not limited to, its




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preparation and distribution, is identified clearly within the




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communication. Nothing in this subsection shall require 
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disclosure on



any telephone communication using random 
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sampling or other



scientific survey methods to gauge public 
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opinion for or



against any candidate or question of public 
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policy.
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    (c) A political committee organized under this Code shall




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not make an expenditure for any unsolicited telephone call to




 


 






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the line of a residential telephone customer in this State




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using any method to block or otherwise circumvent that






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customer's use of a caller identification service.

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    (d) Notwithstanding any other provision of this Section, if 
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a telephone communication (i) is directed at voters, (ii) 
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mentions by name a candidate at the next upcoming election or 
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advocates for or against a public policy position, and (iii) is 
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generated by an automatic dialing device or format, then the 
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name of each person or entity paying for any part of the 
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communication must be clearly identified at the conclusion of 
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the communication.  A person or entity responsible for knowingly 
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generating a communication in violation of this subsection 
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commits a Class A misdemeanor for disregard of this Code as 
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provided in Section 29-12. 
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(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; 
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95-699, eff. 11-9-07.)