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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, it 
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is unlawful for a person or entity to telephone or cause to be 
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telephoned by any telephonic means, including but not limited 
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to an automatic dialing-announcing  device, a device using a 
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voice over Internet protocol, or a wireless telephone, any 
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paid, pre-recorded message that expressly advocates the 
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nomination, election, or defeat of a clearly identified 
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candidate for a State or local office, unless such message is 
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preceded  by the statement: "paid for" or "sponsored by", 
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followed by (i) the name of the sponsoring organization and the 
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name of the chairperson or treasurer of the political or other 
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organization sponsoring the message or (ii) the name of the 
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individual who is responsible for the message.
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    As used in this subsection, "automatic dialing-announcing 
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device" means any user terminal equipment that:
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        (1)   when connected to a telephone line can dial, with 
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    or without manual assistance, telephone numbers that have 
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    been stored or programmed in the device or are produced or 
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    selected by a random or sequential number generator; or
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        (2)   when connected to a telephone line can disseminate 
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    a recorded message to the telephone number called, either 
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    with or without manual assistance. 
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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.)

 

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