HB5850 102ND GENERAL ASSEMBLY

LRB102 29470 AWJ 41473 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5850

Introduced , by Rep. Denyse Wang Stoneback

SYNOPSIS AS INTRODUCED:

10 ILCS 5/29-1.1 new
10 ILCS 5/29-1.2 new
10 ILCS 5/29-20.1 new
10 ILCS 5/29-20.2 new
10 ILCS 5/29B-5
10 ILCS 5/29B-6 new
10 ILCS 5/29B-10
10 ILCS 5/29B-20
10 ILCS 5/29B-30
10 ILCS 5/29B-35

Authorizes the amendatory Act to be cited as the Truth in Politics Act. Includes legislative findings. Amends the Prohibitions and Penalties Article of the Election Code. Creates prohibitions against (i) false or misleading statements to affect a vote, (ii) unlawful attempts to affect the outcome of a campaign, (iii) distribution of materials intending to mislead people on a candidate's incumbency status, and (iv) libel and defamation in political advertising. Provides that, if a person violates the provisions, the person can be enjoined civilly. Provides that a violation of the provisions are Class A misdemeanors. Amends the Fair Campaign Practices Article of the Election Code. Requires (rather than allows) candidates and the chairs of political committees to sign and file the Code of Fair Campaign Practices. Requires a candidate to include in all of the candidate's campaign literature and advertising the following statement: "I am a candidate for (specify office), and I support the accuracy of this message." Provides penalties for failure to timely file a signed Code of Fair Campaign Practices and for violations of the Code of Fair Campaign Practices or other provisions of the Article. Defines terms.

A BILL FOR

AN ACT concerning elections.

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

Section 1. This Act may be cited as the Truth in Politics Act.

Section 5. Legislative findings. The General Assembly finds:

(1) Misinformation occurs when people distribute information based on incorrect factual beliefs and do so confidently.

(2) Misinformation has distorted people's views about consequential issues in politics. The American political system and many campaigns are fraught with misinformation.

(3) Broadcasters have little power of censorship over legally qualified candidates for public office, so local broadcast television stations have difficulty rejecting these types of advertisements, even if they are blatantly false.

(4) Social media has affected the distribution of information and has become a viable tool for misinformation and manipulation in campaigns.

(5) Irrelevant, misleading, and vitriolic campaign communications are prevalent.

(6) Mudslinging can result in disgusted and frustrated voters, diminished civic engagement, and decreased voter turnout in elections.

(7) Honesty, transparency, civility, and substance are values integral to an ethical campaign. Campaigns for public office should adhere to principles of honesty, fairness, responsibility and respect.

(8) Campaign communications should present only fair, relevant, and truthful information to the voters for their consideration.

(9) Because voters must decide for themselves what they believe about a particular candidate, safeguards should be put into place to improve the integrity and accuracy of statements made during campaigns.

Section 10. The Election Code is amended by changing Sections 29B-5, 29B-10, 29B-20, 29B-30, and 29B-35 and by adding Sections 29-1.1, 29-1.2, 29-20.1, 29-20.2, and 29B-6 as follows:

(10 ILCS 5/29-1.1 new)

Sec. 29-1.1. False or misleading statement to affect a vote; violation.

(a) As used in this Section:

"Misleading statement" means a statement that is only partially true or a statement that distorts a true statement.

"Person" means any natural person, candidate, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons, including a political action committee.

"Recklessly" means when a person acts in conscious disregard of the truth or falsity of the statement made, published, broadcast, or circulated.

(b) No person shall knowingly or recklessly make, publish, broadcast, or circulate or cause to be made, published, broadcast, or circulated in any letter, circular, advertisement, poster, or other communication any false or misleading statement designed to affect the vote on any public question submitted to the electors at any election or relating to any candidate for election to public office.

(c) A violation of this Section may be enjoined in a civil action brought by a candidate against whom a prohibited statement is made, a registered voter who signed a petition for the initiation of a public question against which a prohibited statement is made, a member of the board that approved a resolution or ordinance initiating the public question against which a prohibited statement is made, or, for public questions initiated by the General Assembly, a member of the General Assembly. Any violation of this Section shall be proven by clear and convincing evidence.

(d) Any person who violates this Section commits a Class A misdemeanor.

(10 ILCS 5/29-1.2 new)

Sec. 29-1.2. Unlawful attempt to affect the outcome of a campaign; violation.

(a) As used in this Section:

"Misleading statement" means a statement that is only partially true or a statement that distorts a true statement.

"Person" means any natural person, candidate, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons, including a political action committee.

"Voting record" means the recorded "yes", "no", or "present" vote, or a record from abstaining from a vote, on a bill, ordinance, resolution, motion, amendment, or confirmation.

(b) No person shall knowingly and with intent to affect the outcome of a campaign for political office do any of the following:

(1) serve, or cause another person to serve, as an agent or employee in the election campaign organization of a candidate for the purpose of acting to impede the conduct of the candidate's campaign for nomination or election or for the purpose of reporting information about the candidate without the knowledge of the candidate or the candidate's organization; or

(2) promise, offer, or give any valuable thing or valuable benefit to any person who is employed by or is an agent of a candidate or a candidate's election campaign organization for the purpose of influencing the employee or agent with respect to the improper discharge of the employee's or agent's campaign duties or to obtain information about the candidate or the candidate's campaign organization.

(c) No person shall knowingly and with intent to affect a outcome of a campaign for political office do any of the following:

(1) make a false or misleading statement concerning (i) the formal schooling or training completed or attempted by a candidate; (ii) a degree, diploma, certificate, scholarship, grant, award, prize, or honor received, earned, or held by a candidate; or (iii) the period of time during which a candidate attended any school, college, community college, technical school, or educational institution;

(2) make a false or misleading statement concerning the professional, occupational, or vocational licenses held by a candidate or concerning any position the candidate held for which the candidate received a salary or wages;

(3) make a false or misleading statement that a candidate or public official has been indicted or convicted of a theft offense, extortion, or other crime involving financial corruption or moral turpitude;

(4) make a false or misleading statement that a candidate has been indicted for any crime or has been the subject of a finding by the State Board of Elections without disclosing the outcome of any legal proceedings resulting from the indictment or finding;

(5) make a false or misleading statement that a candidate or official has a record of treatment or confinement for a mental disorder;

(6) make a false or misleading statement that a candidate or official has been subjected to military discipline for criminal misconduct or dishonorably discharged from the armed services;

(7) falsely identify the source of a statement, issue statements under the name of another person without authorization, or falsely state the endorsement of or opposition to a candidate by a person or publication;

(8) make a false or misleading statement concerning the voting record of a candidate or public official; or

(9) post, publish, circulate, distribute, or otherwise disseminate a false or misleading statement concerning a candidate if the statement is designed to promote the election, nomination, or defeat of the candidate if the statement is designed to promote the election, nomination, or defeat of the candidate.

(d) No person shall knowingly or recklessly make a false or misleading statement about a candidate's stance on an issue to affect the outcome of a campaign for political office.

(e) A violation of this Section may be enjoined in a civil action brought by a candidate against whom a prohibited statement is made. Any violation of this Section shall be proven by clear and convincing evidence.

(f) Any person who violates this Section commits a Class A misdemeanor.

(10 ILCS 5/29-20.1 new)

Sec. 29-20.1. Misleading statement of incumbent status; violation.

(a) As used in this Section, "person" means any natural person, candidate, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons, including a political action committee.

(b) No person shall, with an intent to mislead a voter in connection with the person's campaign for nomination or election to a public office or in connection with the campaign of another person for nomination or election to a public office, assume, pretend, or imply, by his or her statements, conduct, or campaign materials, that he or she is the incumbent of a public office when that is not true.

(c) A violation of this Section may be enjoined in a civil action brought by a candidate affected by the prohibited statement of incumbency. Any violation of this Section shall be proven by clear and convincing evidence.

(d) Any person who violates this Section commits a Class A misdemeanor.

(10 ILCS 5/29-20.2 new)

Sec. 29-20.2. Libel and defamation in political advertising; violation.

(a) As used in this Section:

"Libel per se or defamation per se" means a written or verbal statement that tends to expose a living person to hatred, contempt, ridicule, or obloquy, to deprive such a person of the benefit of public confidence or social intercourse, or to injure such a person in that person's business or occupation.

"Person" means any natural person, candidate, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons, including a political action committee.

(b) No person shall, with actual malice, publish or sponsor the publication in any political advertising or electioneering communication of a statement constituting libel per se or defamation per se.

(c) A statement published or sponsored by a person against himself or herself is not a violation of this Section.

(d) A violation of this Section may be enjoined in a civil action brought by a candidate affected by the prohibited statement. Any violation of this Section shall be proven by clear and convincing evidence.

(e) Any person who violates this Section commits a Class A misdemeanor.

(10 ILCS 5/29B-5) (from Ch. 46, par. 29B-5; formerly Ch.

46, par. 1102)

Sec. 29B-5. Purpose. The Legislature hereby declares that the purpose of this Article is to require encourage every candidate for public office in this State to subscribe to the Code of Fair Campaign Practices. It is the intent of the Legislature that every candidate for public office in this State who subscribes to the Code of Fair Campaign Practices must will follow the basic principles of decency, honesty and fair play in order to encourage healthy competition and open discussion of issues and candidate qualifications and discourage practices that cloud the issues or unfairly attack opponents.

(Source: P.A. 86-873; 87-1052.)

(10 ILCS 5/29B-6 new)

Sec. 29B-6. Definitions. As used in this Article:

"Attack" means a statement or action that refers to another person or the person's ideology through use of intentionally unfriendly, bitter, or threatening words or actions.

"Misrepresent" means intentionally giving false or misleading information.

"Scurrilous attack" means a statement or action making scandalous claims against another person with intent to damage that person's reputation.

"Whispering campaign" means regular circulation of a rumor in order to damage another person's reputation.

(10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch.

46, par. 1103)

Sec. 29B-10. Code of Fair Campaign Practices. At the time a political committee, as defined in Article 9, files its statements of organization, the State Board of Elections, in the case of a state political committee or a political committee acting as both a state political committee and a local political committee, or the county clerk, in the case of a local political committee, shall give the political committee a blank form of the Code of Fair Campaign Practices and a copy of the provisions of this Article. The State Board of Elections or county clerk shall inform each political committee that subscription to the Code is mandatory voluntary. The text of the Code shall read as follows:

CODE OF FAIR CAMPAIGN PRACTICES

There are basic principles of decency, honesty, and fair play that every candidate for public office in the State of Illinois has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues.

THEREFORE:

(1) I will conduct my campaign openly and publicly, and limit attacks on my opponent to legitimate challenges to his record.

(2) I will not use or permit the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his personal or family life.

(3) I will not use or permit any appeal to negative prejudice based on race, sex, sexual orientation, religion or national origin.

(4) I will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts, nor will I use malicious or unfounded accusations that aim at creating or exploiting doubts, without justification, as to the personal integrity or patriotism of my opposition.

(5) I will not undertake or condone any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections or that hampers or prevents the full and free expression of the will of the voters.

(6) I will defend and uphold the right of every qualified American voter to full and equal participation in the electoral process.

(7) I will immediately and publicly repudiate methods and tactics that may come from others that I have pledged not to use or condone. I shall take firm action against any subordinate who violates any provision of this Code or the laws governing elections.

I, the undersigned, candidate for election to public office in the State of Illinois or chair of a political committee in support of or opposition to a question of public policy, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.

I, the undersigned, furthermore understand and confirm that I will be subject to the penalties described in Section 29B-35 for failure to sign and file this document in a timely manner, and I understand that I may be subject to the penalties listed in Article 29 for violating certain activities prohibited by this Code.

.............. ............................... Date Signature

(Source: P.A. 100-1027, eff. 1-1-19.)

(10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch.

46, par. 1105)

Sec. 29B-20. Acceptance of completed forms; retentions for public inspection.

(a) A candidate for public office or the chair of a political committee in support of or opposition to a question of public policy shall file a completed copy of the Code of Fair Campaign Practices with both the State Board of Elections and the county clerk in which the candidate or chair of a political committee resides. The completed forms shall be completed and filed not later than 2 weeks after the submission of the candidate's nominating petition or not later than 2 weeks after the chair has certified to the State Board of Elections the chair's support or opposition to a question of public policy under Section 28-13. The State Board of Elections and the county clerks shall accept, at all times prior to an election, all completed copies of the Code of Fair Campaign Practices that are properly subscribed to by a candidate or the chair of a political committee in support of or opposition to a question of public policy, and shall retain them for public inspection until 30 days after the election.

(b) Not later than 2 days after the date upon which the completed copy of the Code is required to be filed, the county clerk shall notify those candidates or chairpersons who have failed to file a completed copy of the Code and shall include with the notice a copy of the Code required by this Article. The notice shall be sent to the candidate or chairperson by certified mail, return receipt requested.

(Source: P.A. 100-1027, eff. 1-1-19.)

(10 ILCS 5/29B-30) (from Ch. 46, par. 29B-30; formerly Ch.

46, par. 1107)

Sec. 29B-30. Support or opposition to a question of public policy; campaign literature or advertising Subscription to Code voluntary.

(a) The subscription by a candidate or the chair of a political committee in support of or opposition to a question of public policy is mandatory voluntary.

(b) A candidate, or the chair of a political committee, who has filed a copy of the Code of Fair Campaign Practices may so indicate on any campaign literature or advertising in a form to be determined by the State Board of Elections.

(c) A candidate must include in all of the candidate's campaign literature and advertising the following statement: "I am a candidate for (specify office), and I support the accuracy of this message.".

(Source: P.A. 100-1027, eff. 1-1-19.)

(10 ILCS 5/29B-35) (from Ch. 46, par. 29B-35; formerly Ch.

46, par. 1108)

Sec. 29B-35. Failure to comply.

(a) Any candidate or chairman of a political committee who signs subscribes to the Code of Fair Campaign Practices and fails to comply with any provision of the Code shall not be guilty of a criminal offense and nothing in this Article or any other law shall be construed to impose any criminal penalty for noncompliance with this Article.

(b) If a candidate fails to file a completed copy of the Code with the county clerk within 5 days of receipt or refusal of the notice required under Section 29B-20, then the candidate's name may not appear on the ballot.

This subsection does not apply to any candidate of an office where the Illinois Constitution prescribes the qualifications for candidates to that office but does not give the General Assembly the authority to modify or add to those qualifications.

(c) Any person who has signed and filed the Code of Campaign Practices and who violates the provisions of the Code of Campaign Practices or subsection (c) of Section 29B-30 commits a Class A misdemeanor.

(d) A violation of this Article may be enjoined in a civil action brought by another candidate for the public office that was affected by the violation, a registered voter who signed a petition for the initiation of the public question, a member of the board that approved the resolution or ordinance initiating the public question, or, if the public question was initiated by the General Assembly, a member of the General Assembly, as applicable. Any violation of this Article shall be proven by clear and convincing evidence.

(Source: P.A. 86-1435; 87-1052.)