SB0187sam001 94TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 4/7/2005

09400SB0187sam001 LRB094 06368 JAM 44227 a

AMENDMENT TO SENATE BILL 187

AMENDMENT NO. ______. Amend Senate Bill 187 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by adding Article 12A as follows:

(10 ILCS 5/Art. 12A heading new)

ARTICLE 12A. VOTERS' GUIDES

(10 ILCS 5/12A-2 new)

Sec. 12A-2. Definitions. As used in this Article, unless the context otherwise requires:

"Board" means the State Board of Elections.

"Internet Guide" refers to information disseminated by the State Board of Elections on a website, pursuant to Section 12A-5.

"Public question" or "question" means any question, proposition, or referendum submitted to the voters under Article 28 of this Code.

"Statewide candidate" means any candidate who runs for a statewide office, including Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, United States President, or United States Senator.

"Voters' guide" means any information disseminated by the State Board of Elections pursuant to Section 12A-5.

(10 ILCS 5/12A-5 new)

Sec. 12A-5. Internet Guide. The Board shall publish, no later than the 45th day before a general election in which a statewide candidate appears on the ballot, an Internet website with the following information:

(1) The date and time of the general election.

(2) Requirements for a citizen to qualify as an elector.

(3) The deadline for registering as an elector in the State of Illinois for the next election.

(4) Contact information for local election authorities.

(5) A description of the following offices, when they appear on the ballot, including their term of office, basic duties, and base salary: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Justice, Illinois Appellate Court Judge, and other offices at the Board's discretion.

(6) The names and party affiliations of qualified candidates for the following offices, when these offices appear on the ballot: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Justice, Illinois Appellate Court Judge, and other offices at the Board's discretion.

(7) Challenged candidates. Where a candidate's right to appear on the general election ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear on the Internet Guide, subject to the other provisions of Section 12A-10. In this instance, the Board may note that the candidate's candidacy has been challenged and that he or she may be removed from the ballot prior to election day. If the candidate is removed from the ballot prior to election day, the Board shall remove the candidate's name and other information from the Internet Guide.

(8) Any personal statement and photograph submitted by a candidate named in the Internet Guide, subject to Sections 12A-10 and 12A-35.

(9) A means by which an elector may determine what type of balloting equipment is used by his or her local election authority, and the instructions for properly using that equipment.

(10) The text of any public question that may appear on the ballot.

(11) A mechanism by which electors may determine in which congressional, legislative, and judicial districts they reside. The Internet Guide shall allow visitors to search for candidates by office group (e.g., statewide executive, or General Assembly), office (e.g., Governor or State Senator), district (e.g., specific legislative seats), and candidate's name.

The Board shall archive the contents of the Internet Guide for a period of at least 5 years.

(10 ILCS 5/12A-10 new)

Sec. 12A-10. Candidate statements and photographs in the Internet Guide.

(a) Any candidate whose name appears in the Internet Guide may submit a written statement and a photograph to appear in the Internet Guide, provided that:

(1) No personal statement may exceed 400 words.

(2) Personal statements may include contact information for the candidate, including the address and phone number of the campaign headquarters, and the candidate's website.

(3) Personal statements may not mention a candidate's opponents by name.

(4) No personal statement may include language that may not be legally sent through the mail.

(5) The photograph shall be a conventional photograph with a plain background and show only the face, or the head, neck, and shoulders, of the candidate.

(6) The photograph shall not (i) show the candidate's hands, anything in the candidate's hands, or the candidate wearing a judicial robe, a hat, or a military, police, or fraternal uniform or (ii) include the uniform or insignia of any organization.

(b) The Board must note in the text of the Internet Guide that personal statements were submitted by the candidate or his or her designee and were not edited by the Board.

(c) Where a candidate declines to submit a statement, the Board may note that the candidate declined to submit a statement.

(d) The candidate must pay $200 for inclusion of his or her personal statement and photograph, and the Board shall not include photographs or statements from candidates who do not pay the fee. The Board may adopt rules for refunding that fee at the candidate's request, provided that the Board may not include a statement or photograph from a candidate who has requested a refund of a fee, and provided also that the Board may not refund a fee for inclusion in the Internet Guide after the publication date of the Statewide Guide.

(e) Anyone other than the candidate submitting a statement or photograph from a candidate must attest that he or she is doing so on behalf and at the direction of the candidate. The Board may assess a civil fine of no more than $1,000 against a person or entity who falsely submits a statement or photograph not authorized by the candidate.

(f) Nothing in this Article makes the author of any statement exempt from any civil or criminal action because of any defamatory statements offered for posting or contained in the Internet Guide. The persons writing, signing, or offering a statement for inclusion in the Internet Guide are deemed to be its authors and publishers, and the Board shall not be liable in any case or action relating to the content of any material submitted by any candidate.

(g) The Board may set reasonable deadlines for the submission of personal statements and photographs, provided that a deadline may not be less than 5 business days after the last day for filing new party petitions.

(h) The Board may set formats for the submission of statements and photographs. The Board may require that statements and photographs are submitted in an electronic format.

(10 ILCS 5/12A-15 new)

Sec. 12A-15. Language. The Board may translate all of the material it is required to provide for the Internet Guide into other languages as it deems necessary to comply with the federal Voting Rights Act or at its discretion. Visitors to the site shall have the option of viewing the Guide in all languages into which the Guide has been translated. Candidates may, at their option and expense, submit statements in languages other than English. The Board shall not be responsible for translating candidate statements.

(10 ILCS 5/12A-35 new)

Sec. 12A-35. Board's review of candidate photograph and statement; procedure for revision.

(a) If a candidate files a photograph and statement under item (8) of Section 12A-5 for inclusion in a voters' guide, the Board shall review the photograph and statement to ensure that they comply with the requirements of Section 12A-10. Review by the Board under this Section shall be limited to determining whether the photograph and statement comply with the requirements of Section 12A-10 and may not include any determination relating to the accuracy or truthfulness of the substance or contents of the materials filed.

(b) The Board shall review each photograph and statement not later than 3 business days following the deadline for filing a photograph and statement. If the Board determines that the photograph or statement of a candidate must be revised in order to comply with the requirements of Section 12A-10, the Board shall attempt to contact the candidate not later than the 5th day after the deadline for filing a photograph and statement. A candidate contacted by the Board under this Section may file a revised photograph or statement no later than the 7th business day following the deadline for filing a photograph and statement.

(c) If the Board is required to attempt to contact a candidate under subsection (b) of this Section, the Board shall attempt to contact the candidate by telephone or by using an electronic transmission facsimile machine, if such contact information is provided by the candidate.

(d) If the Board is unable to contact a candidate, if the candidate does not file a revised photograph or statement, or if the revised filing under subsection (b) again fails to meet the standards of review set by the Board:

(1) If a photograph does not comply with Section 12A-10, the Board may modify the photograph. The candidate shall pay the expense of any modification before publication of the photograph in the voters' guide. If the photograph cannot be modified to comply with Section 12A-10, the photograph shall not be printed in the guide.

(2) If a statement does not comply with Section 12A-10, the statement shall not be included in the guide.

(e) If the photograph or statement of a candidate filed under item (8) of Section 12A-5 does not comply with a requirement of Section 12A-10 and the Board does not attempt to contact the candidate by the deadline specified in subsection (b) of this Section, for purposes of this Section only the photograph or statement shall be included as filed.

(f) A candidate revising a photograph or statement under this Section shall make only those revisions necessary to comply with Section 12A-10.

(g) The Board may by rule define the term "contact" as used in this Section.

(10 ILCS 5/12A-40 new)

Sec. 12A-40. Exemption from public records laws. Notwithstanding any other provision of law, materials filed by a candidate, political party, political committee, or other person for inclusion in a voters' guide are exempt from public inspection until the 4th business day after the final date for filing the materials.

(10 ILCS 5/12A-45 new)

Sec. 12A-45. Material submitted for inclusion in any voters' guide may not be admitted as evidence in any suit or action against the Board to restrain or enjoin the publication of a voters' guide.

(10 ILCS 5/12A-50 new)

Sec. 12A-50. Order of appearance within the guides. For all guides disseminated by the Board, all information about offices and candidates on the ballot shall be listed together in the same part of the guide. All candidates for one office, together with their statements and photographs if any, shall be listed before information on other offices and candidates is listed. To the extent possible, offices and candidates shall be listed in the same order in which they appear on the ballot.

(10 ILCS 5/12A-55 new)

Sec. 12A-55. Constitutional issues. If a constitutional amendment appears on the ballot, the contents of the pamphlet issued by the Secretary of State under Section 2 of the Illinois Constitutional Amendment Act may be included in any guide issued by the Board.

Section 95. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.".