103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4624

 

Introduced 1/31/2024, by Rep. Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/29-4  from Ch. 46, par. 29-4
10 ILCS 5/29-18  from Ch. 46, par. 29-18

    Amends the Election Code. In provisions concerning the prevention of voting or candidate support and conspiracy to prevent voting, provides that the term "deception or forgery" includes, but is not limited to the creation and distribution of a digital replica or deceptive social media content that a reasonable person would incorrectly believe is a true depiction of an individual, is made by a government official or candidate for office within the State, or is an announcement or communication made by a government agency and that is reasonably likely to dissuade a voter from registering to vote or lawfully voting, supporting, or opposing the nomination or election of any person for public office or any public question voted upon in any election. Defines additional terms. Effective immediately.


LRB103 38169 SPS 68302 b

 

 

A BILL FOR

 

HB4624LRB103 38169 SPS 68302 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 5. The Election Code is amended by changing
5Sections 29-4 and 29-18 as follows:
 
6    (10 ILCS 5/29-4)  (from Ch. 46, par. 29-4)
7    Sec. 29-4. Prevention of voting or candidate support.
8    (a) Any person who, by force, intimidation, threat,
9deception or forgery, knowingly prevents any other person from
10(a) registering to vote, or (b) lawfully voting, supporting or
11opposing the nomination or election of any person for public
12office or any public question voted upon at any election,
13shall be guilty of a Class 4 felony.
14    (b) As used in this Section:
15    "Artificial intelligence" means a machine-based system
16that can make predictions, recommendations, or decisions
17influencing real or virtual environments for a given set of
18human-defined objectives. "Artificial intelligence" includes
19generative artificial intelligence.
20    "Deception or forgery" includes, but is not limited to:
21        (1) the creation and distribution of a digital replica
22    of an individual generated by artificial intelligence that
23    a reasonable person would incorrectly believe to be a true

 

 

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1    depiction of that individual and that is reasonably likely
2    to dissuade a voter from registering to vote or lawfully
3    voting, supporting, or opposing the nomination or election
4    of any person for public office or any public question
5    voted upon in an election;
6        (2) the creation and distribution of deceptive social
7    media content that a reasonable person would incorrectly
8    believe is an announcement or communication made by a
9    government agency and that is reasonably likely to
10    dissuade a voter from registering to vote or lawfully
11    voting, supporting, or opposing the nomination or election
12    of any person for public office or any public question
13    voted upon in an election; and
14        (3) the creation and distribution of deceptive social
15    media content that a reasonable person would incorrectly
16    believe is made by a government official or candidate for
17    office in this State and that is reasonably likely to
18    dissuade a voter from registering to vote or lawfully
19    voting, supporting, or opposing the nomination or election
20    of any person for public office or any public question
21    voted upon in an election.
22    "Digital replica" means any audio or visual material that
23has been created, materially manipulated, altered, or
24annotated to appear to be a realistic record of an act, speech,
25conduct, absence, or appearance of an individual that a
26reasonable person would incorrectly believe to be a true

 

 

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1depiction of that individual and that falsely depicts an
2individual engaged in speech or conduct in which the depicted
3individual did not engage.
4    "Generative artificial intelligence" means an automated
5computing system that when prompted with human prompts,
6descriptions, or queries can produce outputs that simulate
7human-produced content, including, but not limited to, the
8following:
9        (1) textual outputs, such as short answers, essays,
10    poetry, or longer compositions or answers;
11        (2) image outputs, such as fine art, photographs,
12    conceptual art, diagrams, and other images;
13        (3) multimedia outputs, such as audio or video in the
14    form of compositions, songs, or short-form or long-form
15    audio or video; and
16        (4) other content that could be otherwise produced by
17    human means.
18(Source: P.A. 78-887.)
 
19    (10 ILCS 5/29-18)  (from Ch. 46, par. 29-18)
20    Sec. 29-18. Conspiracy to prevent vote - Liability).
21    (a) If 2 or more persons conspire to prevent by force,
22intimidation, threat, deception, forgery or bribery any person
23from registering to vote, or preventing any person lawfully
24entitled to vote from voting, or preventing any person from
25supporting or opposing, in a legal manner, the nomination or

 

 

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1election of any person for public or political party office,
2or a proposition voted upon at any election, or to injure any
3person or such person's property on account of such vote,
4support or advocacy, and if one or more persons so conspiring
5do, attempt or cause to be done, any act in furtherance of the
6object of such conspiracy, whereby another is injured in his
7person or property or deprived of having or exercising any
8right, privilege or immunity secured by the Constitution or
9laws of the United States or the State of Illinois relating to
10the conduct of elections, voting, or the nomination or
11election of candidates for public or political party office,
12all persons engaged in such conspiracy shall be liable to the
13party injured or any person affected, in any action or
14proceeding for redress.
15    (b) As used in this Section:
16    "Artificial intelligence" means a machine-based system
17that can make predictions, recommendations, or decisions
18influencing real or virtual environments for a given set of
19human-defined objectives. "Artificial intelligence" includes
20generative artificial intelligence.
21    "Deception or forgery" includes, but is not limited to:
22        (1) the creation and distribution of a digital replica
23    of an individual generated by artificial intelligence that
24    a reasonable person would incorrectly believe to be a true
25    depiction of that individual and that is reasonably likely
26    to dissuade a voter from registering to vote or lawfully

 

 

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1    voting, supporting, or opposing the nomination or election
2    of any person for public office or any public question
3    voted upon in an election;
4        (2) the creation and distribution of deceptive social
5    media content that a reasonable person would incorrectly
6    believe is an announcement or communication made by a
7    government agency and that is reasonably likely to
8    dissuade a voter from registering to vote or lawfully
9    voting, supporting, or opposing the nomination or election
10    of any person for public office or any public question
11    voted upon in an election; and
12        (3) the creation and distribution of deceptive social
13    media content that a reasonable person would incorrectly
14    believe is made by a government official or candidate for
15    office in this State and that is reasonably likely to
16    dissuade a voter from registering to vote or lawfully
17    voting, supporting, or opposing the nomination or election
18    of any person for public office or any public question
19    voted upon in an election.
20    "Digital replica" means any audio or visual material that
21has been created, materially manipulated, altered, or
22annotated to appear to be a realistic record of an act, speech,
23conduct, absence, or appearance of an individual that a
24reasonable person would incorrectly believe to be a true
25depiction of that individual and that falsely depicts an
26individual engaged in speech or conduct in which the depicted

 

 

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1individual did not engage.
2    "Generative artificial intelligence" means an automated
3computing system that when prompted with human prompts,
4descriptions, or queries can produce outputs that simulate
5human-produced content, including, but not limited to, the
6following:
7        (1) textual outputs, such as short answers, essays,
8    poetry, or longer compositions or answers;
9        (2) image outputs, such as fine art, photographs,
10    conceptual art, diagrams, and other images;
11        (3) multimedia outputs, such as audio or video in the
12    form of compositions, songs, or short-form or long-form
13    audio or video; and
14        (4) other content that could be otherwise produced by
15    human means.
16(Source: P.A. 79-1363.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.