94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0113

 

Introduced 1/6/2005, by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/Art. 12A heading new
10 ILCS 5/12A-2 new
10 ILCS 5/12A-5 new
10 ILCS 5/12A-10 new
10 ILCS 5/12A-15 new
10 ILCS 5/12A-30 new
10 ILCS 5/12A-35 new
10 ILCS 5/12A-40 new
10 ILCS 5/12A-45 new
10 ILCS 5/12A-50 new
10 ILCS 5/12A-55 new

    Amends the Election Code. Requires the State Board of Elections to produce a voter's guide before each general election containing (i) information as to statewide and certain other offices to be filled at the election, (ii) information on candidates for those offices, (iii) public questions to appear on the ballot, and (iv) voting information. Permits candidates to submit photographs and personal statements for inclusion in the guide upon payment of specified fees. Sets standards for photographs and statements. Requires that the guide be mailed to each residential address in the State. Authorizes local election authorities to produce or to arrange with the Board for production of local inserts into the guide to contain information on local candidates, questions, and voting. Authorizes the Board to charge fees for local inserts and to assess a fine of up to $1,000 for the unauthorized submission of a candidate photograph or statement.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning voter's guides.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by adding Article
5 12A and Sections 12A-2, 12A-5, 12A-10, 12A-15, 12A-30, 12A-35,
6 12A-40, 12A-45, 12A-50, and 12A-55 as follows:
 
7     (10 ILCS 5/Art. 12A heading new)
8
ARTICLE 12A.
9 VOTER'S GUIDE

 
10     (10 ILCS 5/12A-2 new)
11     Sec. 12A-2. Definitions. As used in this Article, unless
12 the context otherwise requires:
13     "Local election authority" means a county clerk or board of
14 election commissioners.
15     "Local insert" refers to information disseminated by the
16 State Board of Elections pursuant to Section 12A-30.
17     "Public question" or "question" means any question,
18 proposition, or referendum submitted to the voters under
19 Article 28 of this Code.
20     "Statewide candidate" means any candidate who runs for a
21 statewide office, including Governor, Lieutenant Governor,
22 Attorney General, Secretary of State, Treasurer, Comptroller,
23 United States President, or United States Senator.
24     "Voter's guide" means any information disseminated by the
25 State Board of Elections pursuant to Section 12A-5 or 12A-30.
 
26     (10 ILCS 5/12A-5 new)
27     Sec. 12A-5. Voter's guide. The Board shall publish and
28 mail to each residential address in the State, no later than
29 the 45th day before a general election in which a statewide
30 candidate appears on the ballot, a voter's guide containing the

 

 

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1 following information:
2         (1) The date and time of the general election.
3         (2) Requirements for a citizen to qualify as an
4     elector.
5         (3) The deadline for registering as an elector in the
6     State of Illinois for the next election.
7         (4) Contact information for local election
8     authorities.
9         (5) A description of the following offices, when they
10     appear on the ballot, including their term of office, basic
11     duties, and base salary: United States President, United
12     States Senator, United States Representative, Governor,
13     Lieutenant Governor, Attorney General, Secretary of State,
14     Treasurer, Comptroller, Illinois Supreme Court Justice,
15     Illinois Appellate Court Judge, and other offices at the
16     Board's discretion.
17         (6) The names and party affiliations of qualified
18     candidates for the following offices, when these offices
19     appear on the ballot: United States President, United
20     States Senator, United States Representative, Governor,
21     Lieutenant Governor, Attorney General, Secretary of State,
22     Treasurer, Comptroller, Illinois Supreme Court Justice,
23     Illinois Appellate Court Judge, and other offices at the
24     Board's discretion.
25         (7) Challenged candidates. Where a candidate's right
26     to appear on the general election ballot has been
27     challenged, and any appeal remains pending regarding those
28     challenges, the challenged candidate may appear in the
29     voter's guide, subject to the other provisions of Section
30     12A-10. In this instance, the Board may note that the
31     candidate's candidacy has been challenged and that he or
32     she may be removed from the ballot prior to election day.
33         (8) Any personal statement and photograph submitted by
34     a candidate named in the voter's guide, subject to Sections
35     12A-10 and 12A-35.
36         (9) The text of any public question that may appear on

 

 

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1     the ballot.
2         (10) The congressional, legislative, and judicial
3     districts in which the voter resides.
 
4     (10 ILCS 5/12A-10 new)
5     Sec. 12A-10. Candidate statements and photographs in the
6 voter's guide.
7     (a) Any candidate whose name appears in the voter's guide
8 may submit a written statement and a photograph to appear in
9 the voter's guide, provided that:
10         (1) No personal statement may exceed 400 words.
11         (2) Personal statements may include contact
12     information for the candidate, including the address and
13     phone number of the campaign headquarters, and the
14     candidate's website.
15         (3) Personal statements may not mention a candidate's
16     opponents by name.
17         (4) No personal statement may include language that may
18     not be legally sent through the mail.
19         (5) The photograph shall be a conventional photograph
20     with a plain background and show only the face, or the
21     head, neck, and shoulders, of the candidate.
22         (6) The photograph shall not (i) show the candidate's
23     hands, anything in the candidate's hands, or the candidate
24     wearing a judicial robe, a hat, or a military, police, or
25     fraternal uniform or (ii) include the uniform or insignia
26     of any organization.
27     (b) The Board must note in the text of the voter's guide
28 that personal statements were submitted by the candidate or his
29 or her designee and were not edited by the Board.
30     (c) Where a candidate declines to submit a statement, the
31 Board may note that the candidate declined to submit a
32 statement.
33     (d) The candidate must pay $200 for inclusion of his or her
34 personal statement and photograph, and the Board shall not
35 include photographs or statements from candidates who do not

 

 

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1 pay the fee. The Board may adopt rules for refunding that fee
2 at the candidate's request, provided that the Board may not
3 include a statement or photograph from a candidate who has
4 requested a refund of a fee, and provided also that the Board
5 may not refund a fee for inclusion in the voter's guide after
6 the publication date of the voter's guide.
7     (e) Anyone other than the candidate submitting a statement
8 or photograph from a candidate must attest that he or she is
9 doing so on behalf and at the direction of the candidate. The
10 Board may assess a civil fine of no more than $1,000 against a
11 person or entity who falsely submits a statement or photograph
12 not authorized by the candidate.
13     (f) Nothing in this Article makes the author of any
14 statement exempt from any civil or criminal action because of
15 any defamatory statements offered for publication or contained
16 in the voter's guide. The persons writing, signing, or offering
17 a statement for inclusion in the voter's guide are deemed to be
18 its authors and publishers, and the Board shall not be liable
19 in any case or action relating to the content of any material
20 submitted by any candidate.
21     (g) The Board may set reasonable deadlines for the
22 submission of personal statements and photographs, provided
23 that a deadline may not be less than 5 business days after the
24 last day for filing new party petitions.
25     (h) The Board may set formats for the submission of
26 statements and photographs. The Board may require that
27 statements and photographs are submitted in an electronic
28 format.
 
29     (10 ILCS 5/12A-15 new)
30     Sec. 12A-15. Language. The Board may translate all of the
31 material it is required to provide for the voter's guide into
32 other languages as it deems necessary to comply with the
33 federal Voting Rights Act or at its discretion. The Board shall
34 not be responsible for translating candidate statements.
 

 

 

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1     (10 ILCS 5/12A-30 new)
2     Sec. 12A-30. Local inserts.
3     (a) Notwithstanding any other law to the contrary, the
4 Board may choose to enter into intergovernmental agreements
5 with local election authorities to include a local insert with
6 the copies of the voter's guide mailed to addresses within the
7 jurisdiction of the local election authority.
8     (b) Local inserts qualifying for inclusion with the voter's
9 guide must include the following information:
10         (1) The names and party affiliations of qualified
11     candidates for United States Representative, Illinois
12     Appellate Court Judge, State Senator, and State
13     Representative.
14         (2) The names and party affiliations of qualified
15     candidates for other offices on the ballot, at the
16     discretion of the local election authority.
17         (3) Personal statements of candidates named in the
18     guide, submitted in accordance with subsection (c).
19         (4) The location of polling places. This list may
20     indicate which polling places are handicapped accessible.
21         (5) The rights of handicapped voters in non-accessible
22     polling places.
23         (6) A change of address form for electors who have
24     moved within the boundaries of the jurisdiction of the
25     local election authority.
26         (7) A judge of elections application.
27         (8) How an elector can qualify for and obtain an
28     absentee ballot.
29         (9) A description of the type of voting equipment used
30     by the local election authority and the instructions for
31     using that equipment.
32         (10) Other information at the Board's discretion.
33     (c) The Board may set standards for including candidate
34 statements and photographs in the local insert, provided that:
35         (1) The standards are substantially similar to the
36     standards for inclusion in the voter's guide.

 

 

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1         (2) No candidate may appear in a local insert if he or
2     she declines to submit a statement to the voter's guide or
3     if he or she seeks a refund of the fee for the voter's
4     guide.
5         (3) The fee for submitting a personal statement and
6     photograph for the local insert is $100. The fee must be
7     paid to the Board, and the Board must credit that
8     proportion of the candidate's fee equal to the proportion
9     of the candidate's district that lies within the
10     jurisdiction of the local election authority against any
11     fees due to the Board from the local election authority.
12     (d) The Board may allow a local election authority to
13 submit different inserts for different portions of its
14 jurisdiction, provided that:
15         (1) Every part of the jurisdiction receives
16     information about the same offices on the ballot.
17         (2) The division follows a rational basis related to
18     the work of the local election authority, such as dividing
19     the jurisdiction along congressional district lines.
20         (3) The division serves to reduce the size of the
21     insert and to tailor the information included to the
22     individual ballots of voters in different parts of the
23     jurisdiction.
24     (e) The Board may specify the style, format, and design of
25 the local insert to ensure uniformity with the voter's guide.
26     (f) The Board may charge local election authorities who
27 agree to submit local inserts the following fees:
28         (1) The incremental postage cost of mailing the
29     additional pages associated with the local insert.
30         (2) The cost of printing the local insert.
31     The Board may, at its discretion, allow local election
32 authorities to print their own inserts. If the Board chooses to
33 allow local election authorities to print their own inserts,
34 the Board may charge the local election authority the cost of
35 collating the insert with the voter's guide. Inserts printed by
36 local election authorities must comply with all rules set for

 

 

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1 inserts printed by the Board.
 
2     (10 ILCS 5/12A-35 new)
3     Sec. 12A-35. Board's review of candidate photograph and
4 statement; procedure for revision.
5     (a) If a candidate files a photograph and statement under
6 item (8) of Section 12A-5 for inclusion in a voter's guide, the
7 Board shall review the photograph and statement to ensure that
8 they comply with the requirements of Section 12A-10. Review by
9 the Board under this Section shall be limited to determining
10 whether the photograph and statement comply with the
11 requirements of Section 12A-10 and may not include any
12 determination relating to the accuracy or truthfulness of the
13 substance or contents of the materials filed.
14     (b) The Board shall review each photograph and statement
15 not later than 3 business days following the deadline for
16 filing a photograph and statement. If the Board determines that
17 the photograph or statement of a candidate must be revised in
18 order to comply with the requirements of Section 12A-10, the
19 Board shall attempt to contact the candidate not later than the
20 5th day after the deadline for filing a photograph and
21 statement. A candidate contacted by the Board under this
22 Section may file a revised photograph or statement no later
23 than the 7th business day following the deadline for filing a
24 photograph and statement.
25     (c) If the Board is required to attempt to contact a
26 candidate under subsection (b) of this Section, the Board shall
27 attempt to contact the candidate by telephone or by using an
28 electronic transmission facsimile machine, if such contact
29 information is provided by the candidate.
30     (d) If the Board is unable to contact a candidate, if the
31 candidate does not file a revised photograph or statement, or
32 if the revised filing under subsection (b) again fails to meet
33 the standards of review set by the Board:
34         (1) If a photograph does not comply with Section
35     12A-10, the Board may modify the photograph. The candidate

 

 

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1     shall pay the expense of any modification before
2     publication of the photograph in the voters' guide. If the
3     photograph cannot be modified to comply with Section
4     12A-10, the photograph shall not be printed in the guide.
5         (2) If a statement does not comply with Section 12A-10,
6     the statement shall not be printed in the guide.
7     (e) If the photograph or statement of a candidate filed
8 under item (8) of Section 12A-5 does not comply with a
9 requirement of Section 12A-10, and the Board does not attempt
10 to contact the candidate by the deadline specified in
11 subsection (b) of this Section, for purposes of this Section
12 only the photograph or statement shall be printed as filed.
13     (f) A candidate revising a photograph or statement under
14 this Section shall make only those revisions necessary to
15 comply with Section 12A-10.
16     (g) The Board may by rule define the term "contact" as used
17 in this Section.
 
18     (10 ILCS 5/12A-40 new)
19     Sec. 12A-40. Exemption from public records laws.
20 Notwithstanding any other provision of law, materials filed by
21 a candidate, political party, political committee, or other
22 person for inclusion in a voter's guide are exempt from public
23 inspection until the 4th business day after the final date for
24 filing the materials.
 
25     (10 ILCS 5/12A-45 new)
26     Sec. 12A-45. Use of submitted material as evidence.
27 Material submitted for inclusion in any voter's guide may not
28 be admitted as evidence in any suit or action against the Board
29 to restrain or enjoin the publication of a voter's guide.
 
30     (10 ILCS 5/12A-50 new)
31     Sec. 12A-50. Order of appearance within the guide. For all
32 guides disseminated by the Board, all information about offices
33 and candidates on the ballot shall be listed together in the

 

 

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1 same part of the guide or insert. All candidates for one
2 office, together with their statements and photographs if any,
3 shall be listed before information on other offices and
4 candidates is listed. To the extent possible, offices and
5 candidates shall be listed in the same order in which they
6 appear on the ballot.
 
7     (10 ILCS 5/12A-55 new)
8     Sec. 12A-55. Constitutional issues. If a constitutional
9 amendment appears on the ballot, the contents of the pamphlet
10 issued by the Secretary of State under Section 2 of the
11 Illinois Constitutional Amendment Act may be included in any
12 guide issued by the Board.