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.


LRB102 29470 AWJ 41473 b

 

 

A BILL FOR

 

HB5850LRB102 29470 AWJ 41473 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be cited as the Truth in Politics
5Act.
 
6    Section 5. Legislative findings. The General Assembly
7finds:
8        (1) Misinformation occurs when people distribute
9    information based on incorrect factual beliefs and do so
10    confidently.
11        (2) Misinformation has distorted people's views about
12    consequential issues in politics. The American political
13    system and many campaigns are fraught with misinformation.
14        (3) Broadcasters have little power of censorship over
15    legally qualified candidates for public office, so local
16    broadcast television stations have difficulty rejecting
17    these types of advertisements, even if they are blatantly
18    false.
19        (4) Social media has affected the distribution of
20    information and has become a viable tool for
21    misinformation and manipulation in campaigns.
22        (5) Irrelevant, misleading, and vitriolic campaign
23    communications are prevalent.

 

 

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1        (6) Mudslinging can result in disgusted and frustrated
2    voters, diminished civic engagement, and decreased voter
3    turnout in elections.
4        (7) Honesty, transparency, civility, and substance are
5    values integral to an ethical campaign. Campaigns for
6    public office should adhere to principles of honesty,
7    fairness, responsibility and respect.
8        (8) Campaign communications should present only fair,
9    relevant, and truthful information to the voters for their
10    consideration.
11        (9) Because voters must decide for themselves what
12    they believe about a particular candidate, safeguards
13    should be put into place to improve the integrity and
14    accuracy of statements made during campaigns.
 
15    Section 10. The Election Code is amended by changing
16Sections 29B-5, 29B-10, 29B-20, 29B-30, and 29B-35 and by
17adding Sections 29-1.1, 29-1.2, 29-20.1, 29-20.2, and 29B-6 as
18follows:
 
19    (10 ILCS 5/29-1.1 new)
20    Sec. 29-1.1. False or misleading statement to affect a
21vote; violation.
22    (a) As used in this Section:
23    "Misleading statement" means a statement that is only
24partially true or a statement that distorts a true statement.

 

 

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1    "Person" means any natural person, candidate, partnership,
2committee, association, corporation, labor organization,
3political party, or other organization or group of persons,
4including a political action committee.
5    "Recklessly" means when a person acts in conscious
6disregard of the truth or falsity of the statement made,
7published, broadcast, or circulated.
8    (b) No person shall knowingly or recklessly make, publish,
9broadcast, or circulate or cause to be made, published,
10broadcast, or circulated in any letter, circular,
11advertisement, poster, or other communication any false or
12misleading statement designed to affect the vote on any public
13question submitted to the electors at any election or relating
14to any candidate for election to public office.
15    (c) A violation of this Section may be enjoined in a civil
16action brought by a candidate against whom a prohibited
17statement is made, a registered voter who signed a petition
18for the initiation of a public question against which a
19prohibited statement is made, a member of the board that
20approved a resolution or ordinance initiating the public
21question against which a prohibited statement is made, or, for
22public questions initiated by the General Assembly, a member
23of the General Assembly. Any violation of this Section shall
24be proven by clear and convincing evidence.
25    (d) Any person who violates this Section commits a Class A
26misdemeanor.
 

 

 

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1    (10 ILCS 5/29-1.2 new)
2    Sec. 29-1.2. Unlawful attempt to affect the outcome of a
3campaign; violation.
4    (a) As used in this Section:
5    "Misleading statement" means a statement that is only
6partially true or a statement that distorts a true statement.
7    "Person" means any natural person, candidate, partnership,
8committee, association, corporation, labor organization,
9political party, or other organization or group of persons,
10including a political action committee.
11    "Voting record" means the recorded "yes", "no", or
12"present" vote, or a record from abstaining from a vote, on a
13bill, ordinance, resolution, motion, amendment, or
14confirmation.
15    (b) No person shall knowingly and with intent to affect
16the outcome of a campaign for political office do any of the
17following:
18        (1) serve, or cause another person to serve, as an
19    agent or employee in the election campaign organization of
20    a candidate for the purpose of acting to impede the
21    conduct of the candidate's campaign for nomination or
22    election or for the purpose of reporting information about
23    the candidate without the knowledge of the candidate or
24    the candidate's organization; or
25        (2) promise, offer, or give any valuable thing or

 

 

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1    valuable benefit to any person who is employed by or is an
2    agent of a candidate or a candidate's election campaign
3    organization for the purpose of influencing the employee
4    or agent with respect to the improper discharge of the
5    employee's or agent's campaign duties or to obtain
6    information about the candidate or the candidate's
7    campaign organization.
8    (c) No person shall knowingly and with intent to affect a
9outcome of a campaign for political office do any of the
10following:
11        (1) make a false or misleading statement concerning
12    (i) the formal schooling or training completed or
13    attempted by a candidate; (ii) a degree, diploma,
14    certificate, scholarship, grant, award, prize, or honor
15    received, earned, or held by a candidate; or (iii) the
16    period of time during which a candidate attended any
17    school, college, community college, technical school, or
18    educational institution;
19        (2) make a false or misleading statement concerning
20    the professional, occupational, or vocational licenses
21    held by a candidate or concerning any position the
22    candidate held for which the candidate received a salary
23    or wages;
24        (3) make a false or misleading statement that a
25    candidate or public official has been indicted or
26    convicted of a theft offense, extortion, or other crime

 

 

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1    involving financial corruption or moral turpitude;
2        (4) make a false or misleading statement that a
3    candidate has been indicted for any crime or has been the
4    subject of a finding by the State Board of Elections
5    without disclosing the outcome of any legal proceedings
6    resulting from the indictment or finding;
7        (5) make a false or misleading statement that a
8    candidate or official has a record of treatment or
9    confinement for a mental disorder;
10        (6) make a false or misleading statement that a
11    candidate or official has been subjected to military
12    discipline for criminal misconduct or dishonorably
13    discharged from the armed services;
14        (7) falsely identify the source of a statement, issue
15    statements under the name of another person without
16    authorization, or falsely state the endorsement of or
17    opposition to a candidate by a person or publication;
18        (8) make a false or misleading statement concerning
19    the voting record of a candidate or public official; or
20        (9) post, publish, circulate, distribute, or otherwise
21    disseminate a false or misleading statement concerning a
22    candidate if the statement is designed to promote the
23    election, nomination, or defeat of the candidate if the
24    statement is designed to promote the election, nomination,
25    or defeat of the candidate.
26    (d) No person shall knowingly or recklessly make a false

 

 

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1or misleading statement about a candidate's stance on an issue
2to affect the outcome of a campaign for political office.
3    (e) A violation of this Section may be enjoined in a civil
4action brought by a candidate against whom a prohibited
5statement is made. Any violation of this Section shall be
6proven by clear and convincing evidence.
7    (f) Any person who violates this Section commits a Class A
8misdemeanor.
 
9    (10 ILCS 5/29-20.1 new)
10    Sec. 29-20.1. Misleading statement of incumbent status;
11violation.
12    (a) As used in this Section, "person" means any natural
13person, candidate, partnership, committee, association,
14corporation, labor organization, political party, or other
15organization or group of persons, including a political action
16committee.
17    (b) No person shall, with an intent to mislead a voter in
18connection with the person's campaign for nomination or
19election to a public office or in connection with the campaign
20of another person for nomination or election to a public
21office, assume, pretend, or imply, by his or her statements,
22conduct, or campaign materials, that he or she is the
23incumbent of a public office when that is not true.
24    (c) A violation of this Section may be enjoined in a civil
25action brought by a candidate affected by the prohibited

 

 

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1statement of incumbency. Any violation of this Section shall
2be proven by clear and convincing evidence.
3    (d) Any person who violates this Section commits a Class A
4misdemeanor.
 
5    (10 ILCS 5/29-20.2 new)
6    Sec. 29-20.2. Libel and defamation in political
7advertising; violation.
8    (a) As used in this Section:
9    "Libel per se or defamation per se" means a written or
10verbal statement that tends to expose a living person to
11hatred, contempt, ridicule, or obloquy, to deprive such a
12person of the benefit of public confidence or social
13intercourse, or to injure such a person in that person's
14business or occupation.
15    "Person" means any natural person, candidate, partnership,
16committee, association, corporation, labor organization,
17political party, or other organization or group of persons,
18including a political action committee.
19    (b) No person shall, with actual malice, publish or
20sponsor the publication in any political advertising or
21electioneering communication of a statement constituting libel
22per se or defamation per se.
23    (c) A statement published or sponsored by a person against
24himself or herself is not a violation of this Section.
25    (d) A violation of this Section may be enjoined in a civil

 

 

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1action brought by a candidate affected by the prohibited
2statement. Any violation of this Section shall be proven by
3clear and convincing evidence.
4    (e) Any person who violates this Section commits a Class A
5misdemeanor.
 
6    (10 ILCS 5/29B-5)  (from Ch. 46, par. 29B-5; formerly Ch.
7      46, par. 1102)
8    Sec. 29B-5. Purpose. The Legislature hereby declares that
9the purpose of this Article is to require encourage every
10candidate for public office in this State to subscribe to the
11Code of Fair Campaign Practices. It is the intent of the
12Legislature that every candidate for public office in this
13State who subscribes to the Code of Fair Campaign Practices
14must will follow the basic principles of decency, honesty and
15fair play in order to encourage healthy competition and open
16discussion of issues and candidate qualifications and
17discourage practices that cloud the issues or unfairly attack
18opponents.
19(Source: P.A. 86-873; 87-1052.)
 
20    (10 ILCS 5/29B-6 new)
21    Sec. 29B-6. Definitions. As used in this Article:
22    "Attack" means a statement or action that refers to
23another person or the person's ideology through use of
24intentionally unfriendly, bitter, or threatening words or

 

 

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1actions.
2    "Misrepresent" means intentionally giving false or
3misleading information.
4    "Scurrilous attack" means a statement or action making
5scandalous claims against another person with intent to damage
6that person's reputation.
7    "Whispering campaign" means regular circulation of a rumor
8in order to damage another person's reputation.
 
9    (10 ILCS 5/29B-10)  (from Ch. 46, par. 29B-10; formerly Ch.
10      46, par. 1103)
11    Sec. 29B-10. Code of Fair Campaign Practices. At the time
12a political committee, as defined in Article 9, files its
13statements of organization, the State Board of Elections, in
14the case of a state political committee or a political
15committee acting as both a state political committee and a
16local political committee, or the county clerk, in the case of
17a local political committee, shall give the political
18committee a blank form of the Code of Fair Campaign Practices
19and a copy of the provisions of this Article. The State Board
20of Elections or county clerk shall inform each political
21committee that subscription to the Code is mandatory
22voluntary. The text of the Code shall read as follows:
23
CODE OF FAIR CAMPAIGN PRACTICES
24    There are basic principles of decency, honesty, and fair
25play that every candidate for public office in the State of

 

 

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1Illinois has a moral obligation to observe and uphold, in
2order that, after vigorously contested but fairly conducted
3campaigns, our citizens may exercise their constitutional
4right to a free and untrammeled choice and the will of the
5people may be fully and clearly expressed on the issues.
6    THEREFORE:
7    (1) I will conduct my campaign openly and publicly, and
8limit attacks on my opponent to legitimate challenges to his
9record.
10    (2) I will not use or permit the use of character
11defamation, whispering campaigns, libel, slander, or
12scurrilous attacks on any candidate or his personal or family
13life.
14    (3) I will not use or permit any appeal to negative
15prejudice based on race, sex, sexual orientation, religion or
16national origin.
17    (4) I will not use campaign material of any sort that
18misrepresents, distorts, or otherwise falsifies the facts, nor
19will I use malicious or unfounded accusations that aim at
20creating or exploiting doubts, without justification, as to
21the personal integrity or patriotism of my opposition.
22    (5) I will not undertake or condone any dishonest or
23unethical practice that tends to corrupt or undermine our
24American system of free elections or that hampers or prevents
25the full and free expression of the will of the voters.
26    (6) I will defend and uphold the right of every qualified

 

 

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1American voter to full and equal participation in the
2electoral process.
3    (7) I will immediately and publicly repudiate methods and
4tactics that may come from others that I have pledged not to
5use or condone. I shall take firm action against any
6subordinate who violates any provision of this Code or the
7laws governing elections.
8    I, the undersigned, candidate for election to public
9office in the State of Illinois or chair of a political
10committee in support of or opposition to a question of public
11policy, hereby voluntarily endorse, subscribe to, and solemnly
12pledge myself to conduct my campaign in accordance with the
13above principles and practices.
14    I, the undersigned, furthermore understand and confirm
15that I will be subject to the penalties described in Section
1629B-35 for failure to sign and file this document in a timely
17manner, and I understand that I may be subject to the penalties
18listed in Article 29 for violating certain activities
19prohibited by this Code.
 
20   ..............           ...............................
21      Date                            Signature
22(Source: P.A. 100-1027, eff. 1-1-19.)
 
23    (10 ILCS 5/29B-20)  (from Ch. 46, par. 29B-20; formerly Ch.
24      46, par. 1105)

 

 

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1    Sec. 29B-20. Acceptance of completed forms; retentions for
2public inspection.
3    (a) A candidate for public office or the chair of a
4political committee in support of or opposition to a question
5of public policy shall file a completed copy of the Code of
6Fair Campaign Practices with both the State Board of Elections
7and the county clerk in which the candidate or chair of a
8political committee resides. The completed forms shall be
9completed and filed not later than 2 weeks after the
10submission of the candidate's nominating petition or not later
11than 2 weeks after the chair has certified to the State Board
12of Elections the chair's support or opposition to a question
13of public policy under Section 28-13.
14The State Board of Elections and the county clerks shall
15accept, at all times prior to an election, all completed
16copies of the Code of Fair Campaign Practices that are
17properly subscribed to by a candidate or the chair of a
18political committee in support of or opposition to a question
19of public policy, and shall retain them for public inspection
20until 30 days after the election.
21    (b) Not later than 2 days after the date upon which the
22completed copy of the Code is required to be filed, the county
23clerk shall notify those candidates or chairpersons who have
24failed to file a completed copy of the Code and shall include
25with the notice a copy of the Code required by this Article.
26The notice shall be sent to the candidate or chairperson by

 

 

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1certified mail, return receipt requested.
2(Source: P.A. 100-1027, eff. 1-1-19.)
 
3    (10 ILCS 5/29B-30)  (from Ch. 46, par. 29B-30; formerly Ch.
4      46, par. 1107)
5    Sec. 29B-30. Support or opposition to a question of public
6policy; campaign literature or advertising Subscription to
7Code voluntary.
8    (a) The subscription by a candidate or the chair of a
9political committee in support of or opposition to a question
10of public policy is mandatory voluntary.
11    (b) A candidate, or the chair of a political committee,
12who has filed a copy of the Code of Fair Campaign Practices may
13so indicate on any campaign literature or advertising in a
14form to be determined by the State Board of Elections.
15    (c) A candidate must include in all of the candidate's
16campaign literature and advertising the following statement:
17"I am a candidate for (specify office), and I support the
18accuracy of this message.".
19(Source: P.A. 100-1027, eff. 1-1-19.)
 
20    (10 ILCS 5/29B-35)  (from Ch. 46, par. 29B-35; formerly Ch.
21      46, par. 1108)
22    Sec. 29B-35. Failure to comply.
23    (a) Any candidate or chairman of a political committee who
24signs subscribes to the Code of Fair Campaign Practices and

 

 

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1fails to comply with any provision of the Code shall not be
2guilty of a criminal offense and nothing in this Article or any
3other law shall be construed to impose any criminal penalty
4for noncompliance with this Article.
5    (b) If a candidate fails to file a completed copy of the
6Code with the county clerk within 5 days of receipt or refusal
7of the notice required under Section 29B-20, then the
8candidate's name may not appear on the ballot.
9    This subsection does not apply to any candidate of an
10office where the Illinois Constitution prescribes the
11qualifications for candidates to that office but does not give
12the General Assembly the authority to modify or add to those
13qualifications.
14    (c) Any person who has signed and filed the Code of
15Campaign Practices and who violates the provisions of the Code
16of Campaign Practices or subsection (c) of Section 29B-30
17commits a Class A misdemeanor.
18    (d) A violation of this Article may be enjoined in a civil
19action brought by another candidate for the public office that
20was affected by the violation, a registered voter who signed a
21petition for the initiation of the public question, a member
22of the board that approved the resolution or ordinance
23initiating the public question, or, if the public question was
24initiated by the General Assembly, a member of the General
25Assembly, as applicable. Any violation of this Article shall
26be proven by clear and convincing evidence.

 

 

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