Sen. Ira I. Silverstein

Filed: 4/7/2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 187

2     AMENDMENT NO. ______. Amend Senate Bill 187 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Election Code is amended by adding Article
5 12A as follows:
 
6     (10 ILCS 5/Art. 12A heading new)
7
ARTICLE 12A.
8 VOTERS' GUIDES

 
9     (10 ILCS 5/12A-2 new)
10     Sec. 12A-2. Definitions. As used in this Article, unless
11 the context otherwise requires:
12     "Board" means the State Board of Elections.
13     "Internet Guide" refers to information disseminated by the
14 State Board of Elections on a website, pursuant to Section
15 12A-5.
16     "Public question" or "question" means any question,
17 proposition, or referendum submitted to the voters under
18 Article 28 of this Code.
19     "Statewide candidate" means any candidate who runs for a
20 statewide office, including Governor, Lieutenant Governor,
21 Attorney General, Secretary of State, Treasurer, Comptroller,
22 United States President, or United States Senator.
23     "Voters' guide" means any information disseminated by the

 

 

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1 State Board of Elections pursuant to Section 12A-5.
 
2     (10 ILCS 5/12A-5 new)
3     Sec. 12A-5. Internet Guide. The Board shall publish, no
4 later than the 45th day before a general election in which a
5 statewide candidate appears on the ballot, an Internet website
6 with the following information:
7         (1) The date and time of the general election.
8         (2) Requirements for a citizen to qualify as an
9     elector.
10         (3) The deadline for registering as an elector in the
11     State of Illinois for the next election.
12         (4) Contact information for local election
13     authorities.
14         (5) A description of the following offices, when they
15     appear on the ballot, including their term of office, basic
16     duties, and base salary: United States President, United
17     States Senator, United States Representative, Governor,
18     Lieutenant Governor, Attorney General, Secretary of State,
19     Treasurer, Comptroller, Illinois Supreme Court Justice,
20     Illinois Appellate Court Judge, and other offices at the
21     Board's discretion.
22         (6) The names and party affiliations of qualified
23     candidates for the following offices, when these offices
24     appear on the ballot: United States President, United
25     States Senator, United States Representative, Governor,
26     Lieutenant Governor, Attorney General, Secretary of State,
27     Treasurer, Comptroller, Illinois Supreme Court Justice,
28     Illinois Appellate Court Judge, and other offices at the
29     Board's discretion.
30         (7) Challenged candidates. Where a candidate's right
31     to appear on the general election ballot has been
32     challenged, and any appeal remains pending regarding those
33     challenges, the challenged candidate may appear on the

 

 

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1     Internet Guide, subject to the other provisions of Section
2     12A-10. In this instance, the Board may note that the
3     candidate's candidacy has been challenged and that he or
4     she may be removed from the ballot prior to election day.
5     If the candidate is removed from the ballot prior to
6     election day, the Board shall remove the candidate's name
7     and other information from the Internet Guide.
8         (8) Any personal statement and photograph submitted by
9     a candidate named in the Internet Guide, subject to
10     Sections 12A-10 and 12A-35.
11         (9) A means by which an elector may determine what type
12     of balloting equipment is used by his or her local election
13     authority, and the instructions for properly using that
14     equipment.
15         (10) The text of any public question that may appear on
16     the ballot.
17         (11) A mechanism by which electors may determine in
18     which congressional, legislative, and judicial districts
19     they reside. The Internet Guide shall allow visitors to
20     search for candidates by office group (e.g., statewide
21     executive, or General Assembly), office (e.g., Governor or
22     State Senator), district (e.g., specific legislative
23     seats), and candidate's name.
24     The Board shall archive the contents of the Internet Guide
25 for a period of at least 5 years.
 
26     (10 ILCS 5/12A-10 new)
27     Sec. 12A-10. Candidate statements and photographs in the
28 Internet Guide.
29     (a) Any candidate whose name appears in the Internet Guide
30 may submit a written statement and a photograph to appear in
31 the Internet Guide, provided that:
32         (1) No personal statement may exceed 400 words.
33         (2) Personal statements may include contact

 

 

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1     information for the candidate, including the address and
2     phone number of the campaign headquarters, and the
3     candidate's website.
4         (3) Personal statements may not mention a candidate's
5     opponents by name.
6         (4) No personal statement may include language that may
7     not be legally sent through the mail.
8         (5) The photograph shall be a conventional photograph
9     with a plain background and show only the face, or the
10     head, neck, and shoulders, of the candidate.
11         (6) The photograph shall not (i) show the candidate's
12     hands, anything in the candidate's hands, or the candidate
13     wearing a judicial robe, a hat, or a military, police, or
14     fraternal uniform or (ii) include the uniform or insignia
15     of any organization.
16     (b) The Board must note in the text of the Internet Guide
17 that personal statements were submitted by the candidate or his
18 or her designee and were not edited by the Board.
19     (c) Where a candidate declines to submit a statement, the
20 Board may note that the candidate declined to submit a
21 statement.
22     (d) The candidate must pay $200 for inclusion of his or her
23 personal statement and photograph, and the Board shall not
24 include photographs or statements from candidates who do not
25 pay the fee. The Board may adopt rules for refunding that fee
26 at the candidate's request, provided that the Board may not
27 include a statement or photograph from a candidate who has
28 requested a refund of a fee, and provided also that the Board
29 may not refund a fee for inclusion in the Internet Guide after
30 the publication date of the Statewide Guide.
31     (e) Anyone other than the candidate submitting a statement
32 or photograph from a candidate must attest that he or she is
33 doing so on behalf and at the direction of the candidate. The
34 Board may assess a civil fine of no more than $1,000 against a

 

 

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1 person or entity who falsely submits a statement or photograph
2 not authorized by the candidate.
3     (f) Nothing in this Article makes the author of any
4 statement exempt from any civil or criminal action because of
5 any defamatory statements offered for posting or contained in
6 the Internet Guide. The persons writing, signing, or offering a
7 statement for inclusion in the Internet Guide are deemed to be
8 its authors and publishers, and the Board shall not be liable
9 in any case or action relating to the content of any material
10 submitted by any candidate.
11     (g) The Board may set reasonable deadlines for the
12 submission of personal statements and photographs, provided
13 that a deadline may not be less than 5 business days after the
14 last day for filing new party petitions.
15     (h) The Board may set formats for the submission of
16 statements and photographs. The Board may require that
17 statements and photographs are submitted in an electronic
18 format.
 
19     (10 ILCS 5/12A-15 new)
20     Sec. 12A-15. Language. The Board may translate all of the
21 material it is required to provide for the Internet Guide into
22 other languages as it deems necessary to comply with the
23 federal Voting Rights Act or at its discretion. Visitors to the
24 site shall have the option of viewing the Guide in all
25 languages into which the Guide has been translated. Candidates
26 may, at their option and expense, submit statements in
27 languages other than English. The Board shall not be
28 responsible for translating candidate statements.
 
29     (10 ILCS 5/12A-35 new)
30     Sec. 12A-35. Board's review of candidate photograph and
31 statement; procedure for revision.
32     (a) If a candidate files a photograph and statement under

 

 

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1 item (8) of Section 12A-5 for inclusion in a voters' guide, the
2 Board shall review the photograph and statement to ensure that
3 they comply with the requirements of Section 12A-10. Review by
4 the Board under this Section shall be limited to determining
5 whether the photograph and statement comply with the
6 requirements of Section 12A-10 and may not include any
7 determination relating to the accuracy or truthfulness of the
8 substance or contents of the materials filed.
9     (b) The Board shall review each photograph and statement
10 not later than 3 business days following the deadline for
11 filing a photograph and statement. If the Board determines that
12 the photograph or statement of a candidate must be revised in
13 order to comply with the requirements of Section 12A-10, the
14 Board shall attempt to contact the candidate not later than the
15 5th day after the deadline for filing a photograph and
16 statement. A candidate contacted by the Board under this
17 Section may file a revised photograph or statement no later
18 than the 7th business day following the deadline for filing a
19 photograph and statement.
20     (c) If the Board is required to attempt to contact a
21 candidate under subsection (b) of this Section, the Board shall
22 attempt to contact the candidate by telephone or by using an
23 electronic transmission facsimile machine, if such contact
24 information is provided by the candidate.
25     (d) If the Board is unable to contact a candidate, if the
26 candidate does not file a revised photograph or statement, or
27 if the revised filing under subsection (b) again fails to meet
28 the standards of review set by the Board:
29         (1) If a photograph does not comply with Section
30     12A-10, the Board may modify the photograph. The candidate
31     shall pay the expense of any modification before
32     publication of the photograph in the voters' guide. If the
33     photograph cannot be modified to comply with Section
34     12A-10, the photograph shall not be printed in the guide.

 

 

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1         (2) If a statement does not comply with Section 12A-10,
2     the statement shall not be included in the guide.
3     (e) If the photograph or statement of a candidate filed
4 under item (8) of Section 12A-5 does not comply with a
5 requirement of Section 12A-10 and the Board does not attempt to
6 contact the candidate by the deadline specified in subsection
7 (b) of this Section, for purposes of this Section only the
8 photograph or statement shall be included as filed.
9     (f) A candidate revising a photograph or statement under
10 this Section shall make only those revisions necessary to
11 comply with Section 12A-10.
12     (g) The Board may by rule define the term "contact" as used
13 in this Section.
 
14     (10 ILCS 5/12A-40 new)
15     Sec. 12A-40. Exemption from public records laws.
16 Notwithstanding any other provision of law, materials filed by
17 a candidate, political party, political committee, or other
18 person for inclusion in a voters' guide are exempt from public
19 inspection until the 4th business day after the final date for
20 filing the materials.
 
21     (10 ILCS 5/12A-45 new)
22     Sec. 12A-45. Material submitted for inclusion in any
23 voters' guide may not be admitted as evidence in any suit or
24 action against the Board to restrain or enjoin the publication
25 of a voters' guide.
 
26     (10 ILCS 5/12A-50 new)
27     Sec. 12A-50. Order of appearance within the guides. For all
28 guides disseminated by the Board, all information about offices
29 and candidates on the ballot shall be listed together in the
30 same part of the guide. All candidates for one office, together
31 with their statements and photographs if any, shall be listed

 

 

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1 before information on other offices and candidates is listed.
2 To the extent possible, offices and candidates shall be listed
3 in the same order in which they appear on the ballot.
 
4     (10 ILCS 5/12A-55 new)
5     Sec. 12A-55. Constitutional issues. If a constitutional
6 amendment appears on the ballot, the contents of the pamphlet
7 issued by the Secretary of State under Section 2 of the
8 Illinois Constitutional Amendment Act may be included in any
9 guide issued by the Board.
 
10     Section 95. Severability. The provisions of this Act are
11 severable under Section 1.31 of the Statute on Statutes.".