HB3735 102ND GENERAL ASSEMBLY

LRB102 14496 SMS 19849 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3735

Introduced 2/22/2021, by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-9.5
10 ILCS 5/9-10.5 new

Amends the Election Code. Requires a political committee to include in specified communications a list of the top committee contributors of $50,000 or more, beginning with the largest contributor, and a statement that the communication was not authorized by a candidate or a committee controlled by a candidate, if applicable. Provides how the contribution information and statement must be displayed or disclosed in political advertisements depending on the medium.

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 Section 9-9.5 and by adding Section 9-10.5 as follows:

(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 or telephone communication, 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 within the communication as the payor. The communication shall also include: (1) a list of the top committee contributors of $50,000 or more, beginning with the largest contributor; and (2) a statement that the communication was not authorized by a candidate or a committee controlled by a candidate, if applicable. 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 or telephone communication, 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 within the communication. The communication shall also include a list of the top committee contributors of $50,000 or more, beginning with the largest contributor. 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 5/9-10.5 new)

Sec. 9-10.5. Disclosure requirements.

(a) For radio advertisements, telephone calls, and audio-only electronic media advertisements that must disclose information pursuant to Section 9-9.5, the communication must be spoken clearly for at least 3 seconds at the beginning or end of the advertisement or call, in a pitch and tone substantially similar to the rest of the advertisement. Radio and prerecorded telephone advertisements must disclose only the top 2 contributors of $50,000 or more unless the advertisement lasts 15 seconds or less or the disclosure statement would last more than 8 seconds, in which case only the single top contributor must be disclosed.

(b) For television and video advertisements that must disclose information pursuant to Section 9-9.5, including advertisements disseminated over the Internet, the communication text must be centered horizontally in the disclosure area, in a contrasting color, in Arial equivalent type and, if there are top contributors, underlined except as otherwise provided in this subsection (b). The size for the smallest letters must be 4% of the height of the display screen and must be displayed at the beginning or end of the advertisement for at least 5 seconds of a broadcast of 30 seconds or less or for at least 10 seconds of a broadcast longer than 30 seconds. If a video is distributed as an electronic media advertisement and is longer than 30 seconds, the disclosures must be displayed at the beginning of the advertisement. If the television or video advertisement is shorter than the required disclosure display time, the disclosure may be displayed for the length of the advertisement. If the television or video advertisement is shorter than the required disclosure display time, the disclosure may be displayed for the length of the advertisement. Disclosures must appear on a solid black background on the entire bottom one-third of the display screen, or bottom one-fourth of the display screen if no top contributors require disclosure. Each top contributor must be disclosed on a separate horizontal line separate from other text, may not be underlined, and may not be condensed or have the spacing between characters reduced to be narrower than a normal non-condensed Arial equivalent type, unless doing so is necessary to keep the name of a contributor from exceeding the width of the screen.

(c) For electronic media advertisements that are a graphic, image, animated graphic, or animated image that an online platform hosting the advertisement allows to link to an Internet website that must disclose information pursuant to Section 9-9.5, the communication must link to a website containing the required disclosures in a contrasting color and in no less than 8-point font. If including the text in 8-point font would take up more than one-third of the graphic or image, the text is not required and the advertisement need only include a hyperlink to a website containing the website disclosures. A website that is hyperlinked to the advertisement shall remain online and available to the public until 30 days after the date of the election for which the advertisement was intended.

(d) For all other electronic media advertisements that must disclose information pursuant to Section 9-9.5, the communication must display the required disclosures in a contrasting color that is easily readable by the average viewer and in no less than 10-point font on the cover or header photo of the committee's profile, landing page, or similar location; disclosures are not required on each individual post or comment. The required disclosures, if practicable, must be visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media, including, but not limited to, a computer screen, laptop, tablet, and smart phone.