Full Text of HB0268 96th General Assembly
HB0268eng 96TH GENERAL ASSEMBLY
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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 | 5 |
| 9-9.5 as follows: | 6 |
| (10 ILCS 5/9-9.5)
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| Sec. 9-9.5. Disclosures in political communications. | 8 |
| (a)
Any political committee, organized under the Election | 9 |
| Code, that
makes an expenditure for a pamphlet, circular, | 10 |
| handbill, Internet or telephone communication, radio, | 11 |
| television,
or print advertisement,
or other communication | 12 |
| directed at voters and
mentioning the name of a candidate in | 13 |
| the next upcoming election shall ensure
that the name of the | 14 |
| political committee paying for any part of the
communication, | 15 |
| including, but not limited to, its preparation and | 16 |
| distribution,
is
identified clearly within the communication | 17 |
| as the payor. This subsection does
not apply to items that are | 18 |
| too small to contain the required disclosure.
Nothing in this | 19 |
| subsection shall require disclosure on any telephone | 20 |
| communication using random sampling or other scientific survey | 21 |
| methods to gauge public opinion for or against any candidate or | 22 |
| 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 | 2 |
| communication using random sampling or other scientific survey | 3 |
| methods to gauge public opinion for or against any candidate or | 4 |
| question of public policy, the vendor or person shall keep and | 5 |
| maintain records showing the name and address of the person who | 6 |
| purchased or requested the services and the amount paid for the | 7 |
| services. The records required by this subsection shall be kept | 8 |
| for a period of one year after the date upon which payment was | 9 |
| 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 | 21 |
| disclosure on
any telephone communication using random | 22 |
| sampling or other
scientific survey methods to gauge public | 23 |
| opinion for or
against any candidate or question of public | 24 |
| policy. | 25 |
| (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 | 5 |
| a telephone communication (i) is directed at voters, (ii) | 6 |
| mentions by name a candidate at the next upcoming election or | 7 |
| advocates for or against a public policy position, and (iii) is | 8 |
| generated by an automatic dialing device or format, then the | 9 |
| name of each person or entity paying for any part of the | 10 |
| communication must be clearly identified at the conclusion of | 11 |
| the communication. A person or entity responsible for knowingly | 12 |
| generating a communication in violation of this subsection | 13 |
| commits a Class A misdemeanor for disregard of this Code as | 14 |
| provided in Section 29-12. | 15 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | 16 |
| 95-699, eff. 11-9-07.)
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