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90_HB2051
SEE INDEX
Amends the Election Code. Provides that the State Board
of Elections shall prepare and print a voters' pamphlet
containing candidate portraits and statements and explanatory
statements of and arguments supporting and opposing public
questions. Sets the requirements for material that may be
included in the voters' pamphlet. Provides for the review of
material to be included in the pamphlet. Provides that the
Board may charge fees for the inclusion of material in the
pamphlet. Provides that a county may prepare, print, and
distribute a county voters' pamphlet for any regular
election. Contains other provisions.
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1 AN ACT to amend the Election Code by adding Article 12A.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by adding
5 Article 12A as follows:
6 (10 ILCS 5/Art. 12A heading new)
7 ARTICLE 12A. VOTERS' PAMPHLET
8 (10 ILCS 5/12A-1 new)
9 Sec. 12A-1. Definitions. As used in this Article,
10 unless the context otherwise requires:
11 "Board" means the State Board of Elections.
12 "Election authority" means a county clerk or Board of
13 Election Commissioners.
14 "Electoral district" means a county, municipality, or
15 district as defined in Section 1-3 of this Code.
16 "Local public question" means any public question or
17 referenda that will be submitted to the voters of a political
18 subdivision.
19 "Political subdivision" means any unit of local
20 government or school district in which elections are or may
21 be held. "Political subdivision" also includes, for election
22 purposes, Regional Boards of School Trustees and Township
23 Boards of School Trustees.
24 "Public question" or "question" means any question,
25 proposition, or measure submitted to the voters under Article
26 28 of this Code, except that "public question" shall not
27 include questions relating to the Constitution.
28 (10 ILCS 5/12A-5 new)
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1 Sec. 12A-5. Joint production of State and county voters'
2 pamphlet. Notwithstanding any other law to the contrary, the
3 State Board of Elections and a county may enter into an
4 intergovernmental agreement as provided in the
5 Intergovernmental Cooperation Act under which the Board and
6 the election authority of the county may jointly produce a
7 voters' pamphlet for any election as provided under this
8 Article.
9 (10 ILCS 5/12A-10 new)
10 Sec. 12A-10. Disposition of fees. The Board shall pay
11 fees received under this Article into the General Revenue
12 Fund.
13 (10 ILCS 5/12A-15 new)
14 Sec. 12A-15. Statements included in voters' pamphlet.
15 (a) The Board shall prepare and have printed in the
16 general primary election and general election State voters'
17 pamphlet a statement containing the following information:
18 (1) Requirements for a citizen to qualify as an
19 elector.
20 (2) When an elector is required to register,
21 re-register, or transfer a registration.
22 (3) How an elector may obtain an absentee ballot.
23 (4) In the voters' pamphlet for the general primary
24 election, a statement of the duties and responsibilities
25 of a precinct committeeman, State central committeeman,
26 township committeeman, and ward committeeman to be
27 elected at the general primary election.
28 (b) The Board shall include a statement on the cover of
29 the voters' pamphlet that the pamphlet may be used to assist
30 electors at the polls.
31 (c) The Board may include in the voters' pamphlet the
32 following information:
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1 (1) Maps showing the boundaries of senatorial and
2 representative districts.
3 (2) Voter registration forms.
4 (3) Elector instructions, including the right of an
5 elector to request a second ballot if the first ballot is
6 spoiled, the right of an elector to take into the voting
7 booth a sample ballot marked in advance, and the right of
8 an elector to seek the assistance of the judges of
9 election or someone of the elector's own choosing, other
10 than the elector's employer or agent of that employer or
11 officer or agent of the elector's union, in marking the
12 ballot.
13 (10 ILCS 5/12A-20 new)
14 Sec. 12A-20. Content of statements and arguments.
15 (a) Statements and arguments submitted for inclusion in
16 a voters' pamphlet by a candidate, political party, political
17 committee, or person supporting or opposing a public question
18 shall consist only of words or numbers.
19 (b) The Board shall specify on any instructions for
20 filing a statement, argument, or other material in the
21 voters' pamphlet that the statement, argument, or material
22 may be excluded under 12A-30.
23 (10 ILCS 5/12A-25 new)
24 Sec. 12A-25. Names of persons or organizations excluded
25 from arguments and statements; exceptions.
26 (a) Except as provided in subsection (b) of this
27 Section, the Board shall not print the name of any person or
28 organization in any argument supporting or opposing any
29 public question or any statement of any candidate, political
30 party, or political committee filed for inclusion in the
31 voters' pamphlet, if the name of the person or organization
32 is cited as supporting or endorsing the argument or
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1 statement.
2 (b) The Board may print the name of a person or
3 organization in an argument or statement submitted for
4 inclusion in the voters' pamphlet as supporting or endorsing
5 the argument or statement if:
6 (1) not later than the deadline for filing an
7 argument or statement with the Board, the Board receives
8 a statement signed by the person, or by an authorized
9 person on behalf of an organization, stating that the
10 person consents to the use of the name of the person or
11 organization; or
12 (2) the name of a person or organization is used
13 with a quotation made by the person on behalf of the
14 person or by an authorized person on behalf of an
15 organization, the quotation was disseminated to the
16 public prior to its inclusion in the argument, or
17 statement and the quotation is identified by its source
18 and date.
19 (c) A person shall not submit a false signature under
20 subsection (b) of this Section.
21 (10 ILCS 5/12A-30 new)
22 Sec. 12A-30. Type of material to be excluded from
23 pamphlet; liability for libel; procedure of material
24 excluded.
25 (a) The Board shall reject any statement, argument, or
26 other matter offered for filing and printing in a voters'
27 pamphlet that:
28 (1) contains any obscene, profane, or defamatory
29 language;
30 (2) incites or advocates hatred, abuse, or violence
31 toward any person or group; or
32 (3) contains any language that may not legally be
33 circulated through the mails.
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1 (b) Nothing in this Article shall make the author of any
2 statement or argument exempt from any civil or criminal
3 action because of any defamatory statements offered for
4 printing or contained in the voters' pamphlet. The persons
5 writing, signing, or offering a statement or argument for
6 filing shall be deemed its authors and publishers.
7 (c) The Board shall by rule establish a procedure to
8 notify a person who offered a statement, argument, or other
9 matter that was rejected under this Section. Subject to
10 voters' pamphlet deadlines, the procedure shall require the
11 Board to:
12 (1) make reasonable attempts to notify the person
13 of the rejection; and
14 (2) allow the person, if notified under paragraph
15 (1) of this subsection, to revise the statement so that
16 it does not violate the provisions of this Section.
17 (10 ILCS 5/12A-35 new)
18 Sec. 12A-35. Filing portrait and statement by or for
19 candidate; format of statement.
20 (a) Not later than the 98th day before the general
21 primary election, any candidate for nomination or election at
22 the general primary election to the office of United States
23 Senator, United States Representative, Governor, Lieutenant
24 Governor, Attorney General, Secretary of State, State
25 Comptroller, State Treasurer, State Senator, State
26 Representative, judge of the Supreme, Appellate, or Circuit
27 Courts, any county or municipal office, or any other elective
28 office, or an agent on behalf of the candidate, may file with
29 the Board a portrait of the candidate and a typewritten
30 statement of the reasons the candidate should be nominated or
31 elected.
32 (b) Not later than the 68th day before the general
33 election, any candidate for election at the general election
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1 to the office of President or Vice President of the United
2 States, United States Senator, United States Representative,
3 Governor, Lieutenant Governor, Attorney General, Secretary of
4 State, State Comptroller, State Treasurer, State Senator,
5 State Representative, judge of the Supreme, Appellate, or
6 Circuit Courts, any county or municipal office, or any other
7 elective office, or an agent on behalf of the candidate, may
8 file with the Board a portrait of the candidate and a
9 typewritten statement of the reasons the candidate should be
10 elected.
11 (c) The Board shall by rule establish the format and
12 length of the statement permitted under this Section.
13 (d) A portrait or statement filed under this Section
14 shall be accompanied by a telephone or electronic facsimile
15 transmission machine number where the candidate may be
16 contacted for purposes of Section 12A-50.
17 (10 ILCS 5/12A-40 new)
18 Sec. 12A-40. Portrait requirements.
19 (a) A candidate shall not submit for inclusion in the
20 voters' pamphlet a portrait that was taken more than 2 years
21 before the date the portrait is filed with the Board.
22 (b) A portrait submitted for inclusion in the voters'
23 pamphlet shall:
24 (1) be a conventional photograph with a plain
25 background;
26 (2) show the face or the head, neck, and shoulders
27 of the candidate; and
28 (3) be prepared and processed for printing as
29 prescribed by the Board.
30 (c) A portrait submitted for inclusion in the voters'
31 pamphlet shall not:
32 (1) include the hands or anything held in the hands
33 of the candidate;
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1 (2) show the candidate wearing a judicial robe, a
2 hat, or a military, police, or fraternal uniform; and
3 (3) show the uniform or insignia of any
4 organization.
5 (d) The portrait of a candidate printed in the voters'
6 pamphlet shall be 3 inches high and 2 inches wide. Each
7 portrait shall be placed in the upper left corner of the
8 candidate's allotted space.
9 (10 ILCS 5/12A-45 new)
10 Sec. 12A-45. Format of candidate's statement. The
11 candidate's statement shall begin with a summary of the
12 following: occupation, educational and occupational
13 background, and prior governmental experience.
14 (10 ILCS 5/12A-50 new)
15 Sec. 12A-50. Board's review of candidate portrait and
16 statement; procedure for revision.
17 (a) If a candidate files a portrait and statement under
18 Section 12A-35 for inclusion in the voters' pamphlet, the
19 Board shall review the portrait and statement to ensure that
20 the portrait complies with the requirements of Section 12A-40
21 and that the statement complies with the requirements of
22 Sections 12A-25 and 12A-45.
23 (b) Review by the Board under this Section shall be
24 limited to determining whether the portrait and statement
25 comply with the requirements of Sections 12A-25, 12A-40, and
26 12A-45 and shall not include any determination relating to
27 the accuracy or truthfulness of materials filed.
28 (c) The Board shall review each portrait and statement
29 not later than 3 business days following the deadline for
30 filing a portrait and statement under Section 12A-35. If the
31 Board determines that the portrait or statement of a
32 candidate must be revised in order to comply with the
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1 requirements of Sections 12A-25, 12A-40, or 12A-45, the Board
2 shall attempt to contact the candidate not later than the 5th
3 business day after the deadline for filing a portrait and
4 statement under Section 12A-35. A candidate contacted by the
5 Board under this Section may file a revised portrait or
6 statement no later than the 7th business day following the
7 deadline for filing a portrait and statement under Section
8 12A-35.
9 (d) If the Board is required to attempt to contact a
10 candidate under subsection (c) of this Section, the Board
11 shall attempt to contact the candidate by telephone or by
12 using an electronic transmission facsimile machine.
13 (e) If the Board is unable to contact a candidate or if
14 the candidate does not file a revised portrait or statement:
15 (1) If a portrait does not comply with Section
16 12A-40, the Board may modify the portrait. The candidate
17 shall pay the expense of any modification before
18 publication of the portrait in the voters' pamphlet. If
19 the portrait cannot be modified to comply with Section
20 12A-40, the portrait shall not be printed in the voters'
21 pamphlet.
22 (2) If a statement does not comply with Section
23 12A-40 the statement shall not be printed in the voters'
24 pamphlet.
25 (3) If a statement does not comply with Section
26 12A-25, the Board shall edit the statement to remove
27 language that does not comply with Section 12A-25.
28 (f) If the portrait or statement of a candidate filed
29 under 12A-35 does not comply with a requirement of Sections
30 12A-25, 12A-40, or 12A-45 and the Board does not attempt to
31 contact the candidate by the deadline specified in subsection
32 (c) of this Section, for purposes of Sections 12A-25, 12A-40,
33 and 12A-45 only, the portrait or statement shall be printed
34 as filed.
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1 (g) A candidate revising a portrait or statement under
2 this Section shall make only those revisions necessary to
3 comply with Sections 12A-25, 12A-40, and 12A-45.
4 (h) The Board may by rule define the term "contact" as
5 used in this Section.
6 (10 ILCS 5/12A-55 new)
7 Sec. 12A-55. Fees for space in voters' pamphlet; use of
8 space.
9 (a) At the time of filing materials under Section
10 12A-35, each candidate for nomination or election to any of
11 the following offices shall pay to the Board the following
12 fee for space in the voters' pamphlet:
13 (1) President or Vice President of the United
14 States, United States Senator, or United States
15 Representative, $500 for 59.6 square inches of space.
16 (2) Governor, Lieutenant Governor, Attorney
17 General, Secretary of State, State Comptroller, or State
18 Treasurer, $300 for 59.6 square inches of space.
19 (3) State Senator, State Representative, or any
20 other office, $100 for 29.8 square inches of space.
21 (b) The space allotted to each candidate shall be used
22 for the portrait and statement filed under Section 12A-35.
23 If a portrait is not filed, the statement may cover the
24 entire allotted space. The length of the statement shall be
25 limited as follows:
26 (1) Not more than 325 words for 29.8 square inches
27 of space.
28 (2) Not more than 900 words for 59.6 square inches
29 of space.
30 (10 ILCS 5/12A-60 new)
31 Sec. 12A-60. Identification of portrait or statement.
32 On each allotted space of the voters' pamphlet containing a
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1 portrait or statement filed by a candidate, political party,
2 political committee, or other person, the Board shall
3 indicate who furnished the portrait or statement.
4 (10 ILCS 5/12A-65 new)
5 Sec. 12A-65. Refund of filing fee. No later than the
6 last day for filing material for inclusion in a voters'
7 pamphlet, the person who paid the filing fee may receive a
8 refund from the Board. When a refund is made, the material
9 for which the fee was paid shall not be included in the
10 pamphlet.
11 (10 ILCS 5/12A-70 new)
12 Sec. 12A-70. Exemption from public records laws; State
13 voters' pamphlet. Notwithstanding any other provision of
14 law, materials filed by a candidate, political party,
15 political committee, or other person for inclusion in a State
16 voters' pamphlet and arguments supporting or opposing a
17 public question filed by any person for inclusion in a State
18 voter's pamphlet are exempt from public inspection until the
19 4th business day after the final date for filing the
20 materials.
21 (10 ILCS 5/12A-75 new)
22 Sec. 12A-75. Statements and arguments inadmissible in
23 action to enjoin publication of pamphlet; State voters'
24 pamphlet. Material submitted for inclusion in any State
25 voters' pamphlet shall not be admitted as evidence in any
26 suit or action against the Board to restrain or enjoin the
27 publication of the voters' pamphlet.
28 (10 ILCS 5/12A-80 new)
29 Sec. 12A-80. Preparation of State voters' pamphlet.
30 (a) The Secretary of State shall prepare for printing:
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1 (1) a list of the names of candidates for
2 nomination or election at the general primary election to
3 the offices of United States Senator, United States
4 Representative, Governor, Lieutenant Governor, Attorney
5 General, Secretary of State, State Comptroller, State
6 Treasurer, State Senator, State Representative, and judge
7 of the Supreme, Appellate, or Circuit Courts or a list of
8 names of candidates for election at the general election
9 to the offices of President or Vice President of the
10 United States, United States Senator, United States
11 Representative, Governor, Lieutenant Governor, Attorney
12 General, Secretary of State, State Comptroller, State
13 Treasurer, State Senator, State Representative, and judge
14 of the Supreme, Appellate, or Circuit Courts along with a
15 designation of the offices for which the candidates are
16 competing;
17 (2) all portraits and statements filed under
18 Section 12A-35; and
19 (3) the information specified in Section 12A-90
20 relating to public questions to be voted upon at the
21 election for which the pamphlet is prepared.
22 (b) The items specified in subsection (a) of this
23 Section shall be properly compiled, edited, prepared, and
24 indexed for printing by the Board before delivery to the
25 printer.
26 (c) The voters' pamphlet shall be prepared so that
27 material relating to public questions appears first, material
28 of candidates for partisan offices appears next, and
29 material of candidates for nonpartisan offices appears last.
30 In the general primary election pamphlet, all candidates of
31 one established political party shall be grouped separately
32 from all candidates of another established political party.
33 The order in which the groups of candidates for the
34 established political parties appear shall be alternated for
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1 successive general primary elections. If the pamphlet is
2 printed on pages of 8-1/2 inches by 11 inches, material
3 relating to candidates for different offices shall not appear
4 on the same page of the pamphlet. When material of a
5 candidate for the same office appears on a succeeding page, a
6 statement shall be placed in the top margin of the pamphlet
7 page indicating that material of additional candidates for
8 the same office continues on the next page.
9 (d) The Board shall have printed as many copies of the
10 voters' pamphlet that it estimates will be necessary for
11 distribution under Section 12A-85.
12 (10 ILCS 5/12A-85 new)
13 Sec. 12A-85. Distribution of pamphlet. Not later than
14 the 15th day before an election for which a voters' pamphlet
15 has been prepared, the Board shall cause the voters' pamphlet
16 to be mailed to each post office mailing address in the
17 State, and shall use any additional means of distribution
18 necessary to make the pamphlet available to electors.
19 (10 ILCS 5/12A-90 new)
20 Sec. 12A-90. Public questions, statements, and arguments
21 included in State voters' pamphlet. The Board shall have
22 printed in the voters' pamphlet for a regular election each
23 statewide public question as it will appear on the ballot to
24 be submitted to the People at the election for which the
25 pamphlet was prepared. Each public question shall be printed
26 with the explanatory statement and arguments relating to it.
27 The Board shall also have printed in the voters' pamphlet any
28 local public question as it will appear on the ballot,
29 explanatory statement, and arguments relating to the public
30 question filed by a political subdivision.
31 (10 ILCS 5/12A-95 new)
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1 Sec. 12A-95. Appointment of committee to draft
2 explanatory statement of measure proposed by referendum,
3 petition, resolution, or ordinance.
4 (a) For each statewide public question to be submitted
5 to the People at a general primary election or general
6 election, a committee of 5 citizens shall be selected to
7 prepare the explanatory statement under Section 12A-100.
8 (b) Not later than the 78th day before the election,
9 proponents of the measure shall appoint 2 members to the
10 committee and notify the Board in writing of the selections.
11 If the proponents do not appoint 2 members, the Board shall
12 appoint 2 members to the committee from among supporters, if
13 any, of the public question not later than the 76th day
14 before the election.
15 (c) Not later than the 76th day before the election, the
16 Board shall appoint 2 members to the committee from among the
17 opponents, if any, of the question.
18 (d) The 4 appointed members of the committee shall
19 select the 5th member and notify the Board in writing of the
20 selection. If the 4 members have not selected the 5th member
21 by the 69th day before the election, the 5th member shall be
22 appointed by the Board not later than the 67th day before the
23 election.
24 (e) A vacancy shall be filled not later than 2 business
25 days after the vacancy occurs by the person who made the
26 original appointment. Unless the Board fills a vacancy, the
27 person filling the vacancy shall notify the Board in writing
28 of the selection.
29 (f) As used in this Section, "proponents" means:
30 (1) With respect to a public question initiated by
31 a resolution or ordinance of a political subdivision, the
32 governing body of that political subdivision; and
33 (2) With respect to any other public question
34 initiated by a petition of the electors, the chief
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1 petitioners.
2 (10 ILCS 5/12A-100 new)
3 Sec. 12A-100. Preparation and filing of explanatory
4 statement of public question.
5 (a) Not later than the 48th day before a general primary
6 election or general election at which any statewide public
7 question is to be submitted to the People, the committee
8 appointed under Section 12A-95 shall prepare and file with
9 the Board an impartial, simple, and understandable statement
10 explaining the measure. The statement shall not exceed 500
11 words.
12 (b) Not sooner than the 47th nor later than the 44th day
13 before the election, the Board shall hold a hearing in
14 Springfield upon reasonable statewide notice to receive
15 suggested changes or other information relating to any
16 explanatory statement. At the hearing any person may submit
17 suggested changes or other information relating to any
18 explanatory statement orally or in writing. Written
19 suggestions or other information also may be submitted at any
20 time before the hearing.
21 (c) The committee for each measure shall consider
22 suggestions and any other information submitted under
23 subsection (b) of this Section, and may file a revised
24 statement with the Board not later than the 35th day before
25 the election.
26 (d) The original statement and any revised statement
27 must be approved by at least 3 members of the committee. If
28 a member does not concur, the statement shall show only that
29 the member dissents.
30 (10 ILCS 5/12A-105 new)
31 Sec. 12A-105. Preparation and filing of explanatory
32 statement by Attorney General.
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1 (a) The Attorney General shall prepare an impartial,
2 simple, and understandable statement of not more than 500
3 words explaining each statewide public question. The
4 statement shall be filed with the Board no later than the
5 last day for filing a statement prepared under Section
6 12A-100.
7 (b) If an explanatory statement is not filed by a
8 committee under Section 12A-100, the statement of the
9 Attorney General shall be the explanatory statement of the
10 question and shall be subject to the provisions of Section
11 12A-100.
12 (10 ILCS 5/12A-110 new)
13 Sec. 12A-110. Effect if explanatory statement not filed.
14 If an explanatory statement is not filed by a committee under
15 Section 12A-100 or by the Attorney General under Section
16 12A-105, the public question shall be printed in the voters'
17 pamphlet without the explanatory statement.
18 (10 ILCS 5/12A-115 new)
19 Sec. 12A-115. Court review of explanatory statement. Any
20 person dissatisfied with an explanatory statement for which
21 suggestions were offered at the Board's hearing under Section
22 12A-100, may petition the Supreme Court seeking a different
23 statement and stating the reasons the statement filed with
24 the Court is insufficient or unclear. If the petition is
25 filed not later than the 5th day after the deadline for
26 filing a revised statement with the Board, the court shall
27 review the statement, hear arguments, and certify an
28 explanatory statement to the Board. The review by the
29 Supreme Court shall be conducted expeditiously to ensure the
30 orderly and timely conduct of the election at which the
31 measure is to be submitted to the electors. The statement
32 certified by the court shall be the explanatory statement
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1 printed in the voters' pamphlet.
2 (10 ILCS 5/12A-120 new)
3 Sec. 12A-120. Filing arguments for or against public
4 question; fee or petition; size of argument space. Not
5 later than the 29th day before a general election or a
6 general primary election at which a State-wide public
7 question is to be voted upon, any person may file with the
8 Board a typewritten argument supporting or opposing the
9 question. The argument shall be printed on 29.8 square inches
10 of the voters' pamphlet if the argument is accompanied by
11 either a payment of $300 or a petition in a form prescribed
12 by the Board containing the signatures of 1,000 electors
13 eligible to vote on the question. Each person signing the
14 petition shall subscribe to a statement that the person has
15 read and agrees with the argument. The signatures on each
16 petition shall be verified by the Board in the manner
17 provided in Section 28-11 of this Code. The petition shall
18 be filed with the Board.
19 (10 ILCS 5/12A-125 new)
20 Sec. 12A-125. Author of argument, author's organization,
21 and disclaimer to be included in voters' pamphlet. The Board
22 shall include in the voters' pamphlet on the page of the
23 printed argument on a public question the name of the person
24 who submitted the argument, the name of the organization the
25 person represents, if any, whether the argument supports or
26 opposes the question, and a disclaimer in substantially the
27 following form:
28 "THE PRINTING OF THIS ARGUMENT DOES NOT CONSTITUTE AN
29 ENDORSEMENT BY THE STATE OF ILLINOIS, NOR DOES THE STATE
30 WARRANT THE ACCURACY OR TRUTH OF ANY STATEMENT MADE IN
31 THE ARGUMENT."
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1 (10 ILCS 5/12A-130 new)
2 Sec. 12A-130. Requirements for inclusion of local public
3 question in voters' pamphlet.
4 (a) The Board shall have printed in the voters' pamphlet
5 prepared for a regular election any local public question as
6 it will appear on the ballot, explanatory statement, and
7 arguments relating to the question if the requirements of
8 this Section are satisfied.
9 (b) The question, explanatory statement, and arguments
10 shall not be printed in the voters' pamphlet unless:
11 (1) the explanatory statement is an impartial,
12 simple, and understandable statement explaining the
13 question and its effect;
14 (2) the political subdivision adopts and complies
15 with an ordinance or resolution that provides a review
16 procedure for an explanatory statement that is contested
17 because it does not comply with the requirements of
18 paragraph (1) of this subsection;
19 (3) the political subdivision adopts and complies
20 with an ordinance or resolution that provides for
21 acceptance of typewritten arguments relating to the
22 question to be printed on 29.8 square inches of the
23 voters' pamphlet; and
24 (4) the political subdivision does not require of a
25 person filing an argument a payment of more than $300, or
26 a petition containing more than a number of signatures
27 equal to 1,000 electors eligible to vote on the question
28 or 10% of the total of those electors, whichever is less.
29 (c) Any judicial review of a determination made under
30 the review procedures adopted under subsection (b) of this
31 Section shall be first and finally in the circuit court of
32 the county in which the political subdivision is located.
33 (d) If the political subdivision has adopted and
34 complied with ordinances or resolutions prescribed in
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1 subsection (b) of this Section, the decision to include the
2 local public question, explanatory statement, and arguments
3 in the voters' pamphlet shall be made by:
4 (1) The political subdivision's governing body with
5 regard to any question initiated by resolution or
6 ordinance;
7 (2) The chief petitioners of the question with
8 regard to the question initiated by petition of the
9 electors. The chief petitioners shall indicate their
10 decision in a statement signed by all of the chief
11 petitioners and filed with the election authority; or
12 (3) A political committee, as defined in Section
13 9-1.9 of this Code, that opposes the question. The
14 committee shall indicate its decision in a statement
15 signed by the chairman of the committee and filed with
16 the election authority.
17 (e) The political subdivision shall file the public
18 question as it will appear on the ballot, explanatory
19 statement, and arguments with the Board not later than the
20 29th day before the general election or the general primary
21 election. The political subdivision shall pay to the Board
22 the cost of including the political subdivision's material in
23 the pamphlet as determined by the Board. The Board shall not
24 have this material printed in the pamphlet unless:
25 (1) the time for filing a petition for judicial
26 review of a determination made under subsection (b) of
27 this Section has passed; and
28 (2) the question, statement, and arguments properly
29 filed with the election authority are delivered to the
30 Board.
31 (10 ILCS 5/12A-135 new)
32 Sec. 12A-135. Radio and television broadcasts to
33 supplement pamphlet. The Board may supplement the regular
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1 election voters' pamphlet by broadcasting by radio or
2 television, material specified in this Section at times the
3 Board determines suitable during the 4 weeks immediately
4 preceding the election at which statewide public questions
5 are to be submitted to the People. The material provided by
6 broadcast shall include only the following:
7 (1) The public question as it will appear on the
8 ballot.
9 (2) A summary of the explanatory statements filed
10 relating to each statewide question.
11 (10 ILCS 5/12A-140 new)
12 Sec. 12A-140. County voters' pamphlet. When directed by
13 resolution of the county board, the election authority of any
14 county shall prepare, print, and distribute a county voters'
15 pamphlet for any regular election.
16 (10 ILCS 5/12A-145 new)
17 Sec. 12A-145. Information required to be included in
18 county voters' pamphlet; deadline for distribution.
19 (a) If a county produces a county voters' pamphlet, the
20 county voters' pamphlet shall include, when applicable, at
21 least the following information:
22 (1) A sample ballot containing the names of
23 candidates for all offices and all public questions as
24 they will appear on the ballot in the county.
25 (2) Requirements for a citizen to qualify as an
26 elector.
27 (3) Requirements for registration, transfer of
28 registration, and re-registration.
29 (4) Instructions as to how an elector may obtain and
30 use an absentee ballot.
31 (5) A statement that the voters' pamphlet may be
32 used to assist electors at the polls.
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1 (6) Elector instructions, including the right of an
2 elector to request a second ballot if the first ballot is
3 spoiled, the right of an elector to take into the voting
4 booth a sample ballot marked in advance, and the right of
5 an elector to seek assistance of the judges of election
6 or someone of the elector's own choosing, other than the
7 elector's employer or agent of that employer or officer
8 or agent of the elector's union, in marking the ballot.
9 (7) The hours that the polling places are open.
10 (8) Any portraits and statements relating to
11 candidates submitted under the provisions of this
12 Article.
13 (9) Any public questions as they will appear on the
14 ballot, explanatory statements, and arguments submitted
15 under the provisions of this Article.
16 (10) A listing of the polling places.
17 (11) Any other information that the election
18 authority considers to be appropriate or necessary to
19 inform the voters.
20 (b) The election authority shall mail or otherwise
21 distribute the county voters' pamphlet not later than the 7th
22 day before the election.
23 (10 ILCS 5/12A-150 new)
24 Sec. 12A-150. Schedule and procedures for producing and
25 distributing county voters' pamphlet; fees.
26 (a) The State Board of Elections shall by rule adopt a
27 schedule and procedures for preparing, printing, and
28 distributing county voters' pamphlets. The schedule and
29 procedures shall include, but not be limited to, deadlines
30 for filing material for the voters' pamphlet and except as
31 otherwise provided by law, the format of material to be
32 submitted and the size and other requirements applicable to
33 candidate portraits.
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1 (b) The Board shall by rule adopt a schedule of fees to
2 be charged by the election authority for including portraits
3 of candidates, statements, and arguments in the voters'
4 pamphlet. The fees need not reflect the actual cost of
5 producing the voters' pamphlet. The election authority shall
6 refund the filing fee to any person who applies for the
7 refund not later than the last day for filing material for
8 inclusion in the voters' pamphlet. When a refund is made, the
9 material for which the fee was paid shall not be included in
10 the pamphlet.
11 (10 ILCS 5/12A-155 new)
12 Sec. 12A-155. Filing portrait and statement by or for
13 candidate in county voters' pamphlet. Not later than the date
14 specified by the Board, any candidate for election at any
15 regular election within the county, or an agent of the
16 candidate, may file with the election authority of a county
17 that prepares a county voters' pamphlet a portrait of the
18 candidate and a typewritten statement of the reasons the
19 candidate should be elected. The portrait and statement must
20 comply with the applicable rules of the Board. The election
21 authority shall not accept the filing of a statement or
22 portrait of any candidate unless the filing is accompanied by
23 the appropriate fee as prescribed by the Board.
24 (10 ILCS 5/12A-160 new)
25 Sec. 12A-160. Explanatory statement in county voters'
26 pamphlet. Not later than the date specified by the Board, in
27 a county that prepares a county voters' pamphlet, the
28 proponents of a public question that will appear on the
29 ballot shall submit an impartial, simple, and understandable
30 statement explaining the public question and its effect.
31 (10 ILCS 5/12A-165 new)
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1 Sec. 5/12A-165. Filing arguments for or against public
2 question in county voters' pamphlet.
3 (a) Not later than the date specified by the Board by
4 rule, in a county that prepares a county voters' pamphlet,
5 any person may file with the election authority a typewritten
6 argument supporting or opposing any public questions to be
7 submitted to the voters on the ballot. The election authority
8 shall not accept any arguments that are not accompanied by
9 the fee established by the Board or a petition in a form
10 prescribed by the Board. A petition shall contain the
11 signatures of at least 4% of the electors in the county
12 eligible to vote on the question to which the argument
13 refers, or the signatures of 1,000 electors in the county
14 eligible to vote on the question to which the argument
15 refers, whichever is less. The number of registered electors
16 in an electoral district, for the purposes of this Section,
17 shall be calculated on January 1 of each year. Each person
18 signing the petition shall subscribe to a statement that the
19 person has read and agrees with the argument. The petition
20 shall be filed with the election authority.
21 (b) The election authority shall include in the county
22 voters' pamphlet, on the page of the printed argument, the
23 name of the person who submitted the argument, the name of
24 the organization the person represents, if any, whether the
25 argument supports or opposes the measure, and a disclaimer
26 that the argument does not constitute an indorsement by the
27 county and that the county does not warrant the accuracy or
28 truth of any statement made in the argument.
29 (10 ILCS 5/12A-170 new)
30 Sec. 5/12A-170. Cost of pamphlet preparation. All fees
31 collected by an election authority under this Act shall be
32 transmitted to the State Board of Elections, as provided by
33 rule of the Board, and deposited by the Board into the
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1 General Revenue Fund. The State Board of Elections shall
2 reimburse the election authority for the actual costs of
3 preparing, printing, and distributing the county voters'
4 pamphlet from an appropriation made by the General Assembly.
5 (10 ILCS 5/12A-175 new)
6 Sec. 12A-175. Content of statements and arguments;
7 notice of material that may be excluded.
8 (a) Statements and arguments submitted for inclusion in
9 a county voters' pamphlet by a candidate, political party,
10 political committee, or other person supporting or opposing a
11 measure shall consist only of words or numbers.
12 (b) The election authority shall specify on any
13 instructions for filing a statement, argument, or other
14 material in the county voters' pamphlet that the statement,
15 argument, or material may be excluded under Section 12A-50.
16 (10 ILCS 5/12A-180 new)
17 Sec. 12A-180. Names of persons or organizations excluded
18 from arguments and statements; exceptions.
19 (a) Except as provided in subsection (b) of this
20 Section, the election authority shall not print the name of
21 any person or organization in any argument supporting or
22 opposing any public question or any statement of any
23 candidate, filed for inclusion in a county voters' pamphlet,
24 if the name of the person or organization is cited as
25 supporting or endorsing the argument or statement.
26 (b) The election authority may print the name of a
27 person or organization in an argument or statement submitted
28 for inclusion in a county voters' pamphlet as supporting or
29 endorsing the argument or statement if:
30 (1) not later than the deadline for filing an
31 argument or statement with the election authority, the
32 election authority receives a statement signed by the
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1 person, or by an authorized person on behalf of an
2 organization, stating that the person consents to the use
3 of the name of the person or organization; or
4 (2) the name of a person or organization is used
5 with a quotation made by the person on behalf of the
6 person or by an authorized person on behalf of an
7 organization, the quotation was disseminated to the
8 public prior to its inclusion in the argument or
9 statement, and the quotation is identified by its source
10 and date.
11 (c) A person shall not submit a false signature under
12 subsection (b) of this Section.
13 (10 ILCS 5/12A-185 new)
14 Sec. 12A-185. Type of material to be excluded from
15 county voters' pamphlet; liability for libel; procedure if
16 material excluded.
17 (a) The election authority shall reject any statement,
18 argument, or other matter offered for filing and printing in
19 a county voters' pamphlet that:
20 (1) contains any obscene, profane, or defamatory
21 language;
22 (2) incites or advocates hatred, abuse, or violence
23 toward any person or group; or
24 (3) contains any language that may not legally be
25 circulated through the mails.
26 (b) Nothing in this Article shall make the author of any
27 statement or argument exempt from any civil or criminal
28 action because of any defamatory statements offered for
29 printing or contained in the voters' pamphlet. The persons
30 writing, signing, or offering a statement or argument for
31 filing shall be deemed its authors and publishers.
32 (c) The Board shall by rule establish a procedure to
33 notify a person who offered a statement, argument, or other
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1 matter that was rejected under this Section. Subject to
2 voters' pamphlet deadlines, the procedure shall require the
3 election authority to:
4 (1) make reasonable attempts to notify the person
5 of the rejection; and
6 (2) allow the person, if notified under paragraph
7 (1) of this subsection, to revise the statement so that
8 it does not violate the provisions of this Section.
9 (10 ILCS 5/12A-190 new)
10 Sec. 12A-190. Format of candidate's statement in county
11 voters' pamphlet. The candidate's statement in a county
12 voters' pamphlet shall begin with a summary of the following:
13 occupation, educational and occupational background, and
14 prior governmental experience.
15 (10 ILCS 5/12A-195 new)
16 Sec. 12A-195. Exemption from public records law; county
17 voters' pamphlet. Notwithstanding any other provisions of law
18 relating to public records, materials filed by a candidate
19 for inclusion in a county voters' pamphlet and arguments
20 supporting or opposing a public question filed by any person
21 for inclusion in a county voters' pamphlet are exempt from
22 public inspection until the 4th business day after the final
23 date for filing the materials.
24 (10 ILCS 5/12A-200 new)
25 Sec. 12A-200. Statements and arguments inadmissible in
26 action to enjoin publication of county voters' pamphlet.
27 Material submitted for inclusion in any county voters'
28 pamphlet shall not be admitted as evidence in any suit or
29 action against the election authority to restrain or enjoin
30 the publication of the voters' pamphlet.
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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/Art. 12A heading new
4 10 ILCS 5/12A-1 new
5 10 ILCS 5/12A-5 new
6 10 ILCS 5/12A-10 new
7 10 ILCS 5/12A-15 new
8 10 ILCS 5/12A-20 new
9 10 ILCS 5/12A-25 new
10 10 ILCS 5/12A-30 new
11 10 ILCS 5/12A-35 new
12 10 ILCS 5/12A-40 new
13 10 ILCS 5/12A-45 new
14 10 ILCS 5/12A-50 new
15 10 ILCS 5/12A-55 new
16 10 ILCS 5/12A-60 new
17 10 ILCS 5/12A-65 new
18 10 ILCS 5/12A-70 new
19 10 ILCS 5/12A-75 new
20 10 ILCS 5/12A-80 new
21 10 ILCS 5/12A-85 new
22 10 ILCS 5/12A-90 new
23 10 ILCS 5/12A-95 new
24 10 ILCS 5/12A-100 new
25 10 ILCS 5/12A-105 new
26 10 ILCS 5/12A-110 new
27 10 ILCS 5/12A-115 new
28 10 ILCS 5/12A-120 new
29 10 ILCS 5/12A-125 new
30 10 ILCS 5/12A-130 new
31 10 ILCS 5/12A-135 new
32 10 ILCS 5/12A-140 new
33 10 ILCS 5/12A-145 new
34 10 ILCS 5/12A-150 new
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1 10 ILCS 5/12A-155 new
2 10 ILCS 5/12A-160 new
3 10 ILCS 5/12A-165 new
4 10 ILCS 5/12A-170 new
5 10 ILCS 5/12A-175 new
6 10 ILCS 5/12A-180 new
7 10 ILCS 5/12A-185 new
8 10 ILCS 5/12A-190 new
9 10 ILCS 5/12A-195 new
10 10 ILCS 5/12A-200 new