HB4547 101ST GENERAL ASSEMBLY

LRB101 16833 SMS 66232 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4547

Introduced 2/5/2020, by Rep. John Connor

SYNOPSIS AS INTRODUCED:

10 ILCS 5/1A-60 new

Amends the Election Code. Requires a covered website that implements a politically biased algorithm to file a report with the State Board of Elections that includes the candidate, political party, or question the algorithm was design to promote or defeat and other information. Imposes a civil penalty on a covered website that fails to report. Allows the State Board of Elections to adopt rules necessary to implement the provisions.

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 adding Section 1A-60 as follows:

(10 ILCS 5/1A-60 new)

Sec. 1A-60. Online platforms.

(a) As used in this Section:

"Covered website" means an online social network or search engine that has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the immediately preceding 12 months.

"Politically biased algorithm" means an algorithm that is designed to promote the success or defeat of a candidate, political party, or position on a question at an election by causing a user of a covered website to view campaign material or other content that:

(1) favors a particular candidate, political party, or position on a question more frequently than campaign material or content that favors the opposing candidate, political party, or position on a question; or

(2) disfavors a particular candidate, political party, or position on a question more frequently than campaign material or content that disfavors the opposing candidate, political party, or position on a question.

(b)(1) A covered website that implements a politically biased algorithm shall file a report with the State Board of Elections within 7 days after implementing the algorithm.

(2) A covered website shall file an additional report on every seventh day following the due date of the report required under paragraph (1) covering the immediately preceding 7 days if the covered website implemented a politically biased algorithm during that period.

(c) Each report under this Section shall include:

(1) each candidate, political party, or question that the politically biased algorithm was designed to promote or defeat;

(2) the dates that the algorithm was in use;

(3) digital copies of the campaign material or other content that the politically biased algorithm caused users to view;

(4) the number of users exposed to campaign material or other content generated by the politically biased algorithm;

(5) any amount of money or other thing of value received by the covered website from another person to implement the politically biased algorithm; and

(6) any other information the State Board of Elections requires by rule.

(d)(1) The State Board of Elections may assess a civil penalty on a covered website that fails to file a report required under this Section in an amount not exceeding $50,000 for each violation.

(2) A civil penalty under paragraph (1) shall be:

(A) assessed in the manner specified in Section 9-23;

(B) deposited into the General Revenue Fund; and

(C) the joint and several liability of:

(i) the covered website; and

(ii) the person exercising direction or control over the activities of the covered website.

(e) The State Board of Elections may adopt rules necessary to implement the provisions of this Section.