SB3079 100TH GENERAL ASSEMBLY

LRB100 19676 MJP 34950 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3079

Introduced 2/15/2018, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-1.5a new
10 ILCS 5/9-1.14
10 ILCS 5/9-9.5
10 ILCS 5/9-9.6 new
10 ILCS 5/9-10.5 new

Amends the Election Code. Includes in the definition of "electioneering communication", a digital communication and provides that the definition includes any communication that is placed or promoted on an online platform. Provides that an online platform shall maintain and make available for online public inspection in machine readable format, a complete record of any request to purchase on the online platform an electioneering communication that is made by a person whose aggregate requests to purchase electioneering communications on the online platform during the calendar year exceed $500. Provides that the record shall be made available as soon as is possible and shall be retained by the online platform for a period of not less than 4 years. Provides that any person who requests to purchase an electioneering communication on an online platform shall provide the online platform with the information necessary for the online platform to comply with the record requirements. Defines "online platform". In provisions concerning disclosures in political communications, provides that political committee that pays for specified political communication must be identified conspicuously within the communication. Provides that a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. Provides that each provider of electioneering communications shall make reasonable efforts to ensure that electioneering communications are not purchased by a foreign national, directly or indirectly.

A BILL FOR

AN ACT concerning elections.

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

Section 5. The Election Code is amended by changing Sections 9-1.14 and 9-9.5 and by adding Sections 9-1.5a, 9-9.6 and 9-10.5 as follows:

(10 ILCS 5/9-1.5a new)

Sec. 9-1.5a. Online platform. "Online platform" means any public-facing website, web application, or digital application, including, but not limited to, a social network, ad network, or search engine, that:

(A) sells electioneering communications; and

(B) has 100,000 or more unique monthly Illinois visitors or users for a majority of months during the preceding 12 months.

(10 ILCS 5/9-1.14)

Sec. 9-1.14. Electioneering communication.

(a) "Electioneering communication" means, for the purposes of this Article, any broadcast, cable, or satellite communication, including radio, television, digital, or Internet communication, including any communication that is placed or promoted on an online platform, that (1) refers to (i) a clearly identified candidate or candidates who will appear on the ballot for nomination for election, election, or retention, (ii) a clearly identified political party, or (iii) a clearly identified question of public policy that will appear on the ballot, (2) is made within (i) 60 days before a general election or consolidated election or (ii) 30 days before a primary election, (3) is targeted to the relevant electorate, and (4) is susceptible to no reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate for nomination for election, election, or retention, a political party, or a question of public policy.

(b) "Electioneering communication" does not include:

(1) A communication, other than an advertisement, appearing in a news story, commentary, or editorial distributed through the facilities of any legitimate news organization, unless the facilities are owned or controlled by any political party, political committee, or candidate.

(2) A communication made solely to promote a candidate debate or forum that is made by or on behalf of the person sponsoring the debate or forum.

(3) A communication made as part of a non-partisan activity designed to encourage individuals to vote or to register to vote.

(4) A communication by an organization operating and remaining in good standing under Section 501(c)(3) of the Internal Revenue Code of 1986.

(5) A communication exclusively between a labor organization, as defined under federal or State law, and its members.

(6) A communication exclusively between an organization formed under Section 501(c)(6) of the Internal Revenue Code and its members.

(Source: P.A. 96-832, eff. 7-1-10.)

(10 ILCS 5/9-9.5)

Sec. 9-9.5. Disclosures in political communications.

(a) Any political committee, organized under the Election Code, that makes an expenditure for a pamphlet, circular, handbill, Internet, digital, or telephone communication, including any communication which is placed or promoted on an online platform, radio, television, or print advertisement, or other communication directed at voters and mentioning the name of a candidate in the next upcoming election shall ensure that the name of the political committee paying for any part of the communication, including, but not limited to, its preparation and distribution, is identified clearly and conspicuously within the communication as the payor. For purposes of this Section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. This subsection does not apply to items that are too small to contain the required disclosure. This subsection does not apply to an expenditure for the preparation, distribution, or publication of any communication directed at constituents of a member of the General Assembly if the expenditure is made by a political committee in accordance with subsection (c) of Section 9-8.10. Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.

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

(b) Any political committee, organized under this Code, that makes an expenditure for a pamphlet, circular, handbill, Internet, digital, or telephone communication, including any communication which is placed or promoted on an online platform, radio, television, or print advertisement, or other communication directed at voters and (i) mentioning the name of a candidate in the next upcoming election, without that candidate's permission, or (ii) advocating for or against a public policy position shall ensure that the name of the political committee paying for any part of the communication, including, but not limited to, its preparation and distribution, is identified clearly and conspicuously within the communication. For purposes of this Section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.

(c) A political committee organized under this Code shall not make an expenditure for any unsolicited telephone call to the line of a residential telephone customer in this State using any method to block or otherwise circumvent that customer's use of a caller identification service.

(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)

(10 ILCS 5/9-9.6 new)

Sec. 9-9.6. Requirements for online platforms.

(a) An online platform shall maintain and make available for online public inspection in machine readable format, a complete record of any request to purchase on the online platform an electioneering communication that is made by a person whose aggregate requests to purchase electioneering communications on the online platform during the calendar year exceed $500.

(b) Any person who requests to purchase an electioneering communication on an online platform shall provide the online platform with the information necessary for the online platform to comply with the requirements of this Section.

(c) A record maintained under this Section shall contain:

(1) a digital copy of the electioneering communication;

(2) a description of the audience targeted by the electioneering communication, the number of views generated from the electioneering communication, and the date and time that the electioneering communication is first displayed and last displayed; and

(3) information regarding:

(A) the average rate charged for the electioneering communication;

(B) the name of the candidate to which the electioneering communication refers and the office to which the candidate is seeking election, the election to which the electioneering communication refers, or the clearly identified question of public policy to which the electioneering communication refers;

(C) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the candidate political committee, and the treasurer of the candidate political committee; and

(D) in the case of any request not described in subparagraphs (A) through (C), the name of the person purchasing the advertisement; the name, address, phone number, and email address of a contact for each person; and a list of the chief executive officers or members of the executive committee or of the board of directors of each person.

(d) The information required by this Section shall be made available as soon as is possible and shall be retained by the online platform for a period of not less than 4 years.

(10 ILCS 5/9-10.5 new)

Sec. 9-10.5. Preventing contributions, expenditures, independent expenditures, and disbursements by foreign nationals. Each provider of electioneering communications shall make reasonable efforts to ensure that electioneering communications are not purchased by a foreign national, directly or indirectly.