HB0113 94TH GENERAL ASSEMBLY

LRB094 07457 JAM 37620 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning voter's guides.

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

Section 5. The Election Code is amended by adding Article 12A and Sections 12A-2, 12A-5, 12A-10, 12A-15, 12A-30, 12A-35, 12A-40, 12A-45, 12A-50, and 12A-55 as follows:

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

ARTICLE 12A. VOTER'S GUIDE

(10 ILCS 5/12A-2 new)

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

"Local election authority" means a county clerk or board of election commissioners.

"Local insert" refers to information disseminated by the State Board of Elections pursuant to Section 12A-30.

"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.

"Voter's guide" means any information disseminated by the State Board of Elections pursuant to Section 12A-5 or 12A-30.

(10 ILCS 5/12A-5 new)

Sec. 12A-5. Voter's guide. The Board shall publish and mail to each residential address in the State, no later than the 45th day before a general election in which a statewide candidate appears on the ballot, a voter's guide containing 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 in the voter's 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.

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

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

(10) The congressional, legislative, and judicial districts in which the voter resides.

(10 ILCS 5/12A-10 new)

Sec. 12A-10. Candidate statements and photographs in the voter's guide.

(a) Any candidate whose name appears in the voter's guide may submit a written statement and a photograph to appear in the voter's 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 voter's 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 voter's guide after the publication date of the voter's 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 publication or contained in the voter's guide. The persons writing, signing, or offering a statement for inclusion in the voter's 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 voter's guide into other languages as it deems necessary to comply with the federal Voting Rights Act or at its discretion. The Board shall not be responsible for translating candidate statements.

(10 ILCS 5/12A-30 new)

Sec. 12A-30. Local inserts.

(a) Notwithstanding any other law to the contrary, the Board may choose to enter into intergovernmental agreements with local election authorities to include a local insert with the copies of the voter's guide mailed to addresses within the jurisdiction of the local election authority.

(b) Local inserts qualifying for inclusion with the voter's guide must include the following information:

(1) The names and party affiliations of qualified candidates for United States Representative, Illinois Appellate Court Judge, State Senator, and State Representative.

(2) The names and party affiliations of qualified candidates for other offices on the ballot, at the discretion of the local election authority.

(3) Personal statements of candidates named in the guide, submitted in accordance with subsection (c).

(4) The location of polling places. This list may indicate which polling places are handicapped accessible.

(5) The rights of handicapped voters in non-accessible polling places.

(6) A change of address form for electors who have moved within the boundaries of the jurisdiction of the local election authority.

(7) A judge of elections application.

(8) How an elector can qualify for and obtain an absentee ballot.

(9) A description of the type of voting equipment used by the local election authority and the instructions for using that equipment.

(10) Other information at the Board's discretion.

(c) The Board may set standards for including candidate statements and photographs in the local insert, provided that:

(1) The standards are substantially similar to the standards for inclusion in the voter's guide.

(2) No candidate may appear in a local insert if he or she declines to submit a statement to the voter's guide or if he or she seeks a refund of the fee for the voter's guide.

(3) The fee for submitting a personal statement and photograph for the local insert is $100. The fee must be paid to the Board, and the Board must credit that proportion of the candidate's fee equal to the proportion of the candidate's district that lies within the jurisdiction of the local election authority against any fees due to the Board from the local election authority.

(d) The Board may allow a local election authority to submit different inserts for different portions of its jurisdiction, provided that:

(1) Every part of the jurisdiction receives information about the same offices on the ballot.

(2) The division follows a rational basis related to the work of the local election authority, such as dividing the jurisdiction along congressional district lines.

(3) The division serves to reduce the size of the insert and to tailor the information included to the individual ballots of voters in different parts of the jurisdiction.

(e) The Board may specify the style, format, and design of the local insert to ensure uniformity with the voter's guide.

(f) The Board may charge local election authorities who agree to submit local inserts the following fees:

(1) The incremental postage cost of mailing the additional pages associated with the local insert.

(2) The cost of printing the local insert.

The Board may, at its discretion, allow local election authorities to print their own inserts. If the Board chooses to allow local election authorities to print their own inserts, the Board may charge the local election authority the cost of collating the insert with the voter's guide. Inserts printed by local election authorities must comply with all rules set for inserts printed by the Board.

(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 voter's 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 printed 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 printed 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 voter's 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. Use of submitted material as evidence. Material submitted for inclusion in any voter's guide may not be admitted as evidence in any suit or action against the Board to restrain or enjoin the publication of a voter's guide.

(10 ILCS 5/12A-50 new)

Sec. 12A-50. Order of appearance within the guide. 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 or insert. 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.