HB4116 96TH GENERAL ASSEMBLY

LRB096 08522 JAM 18642 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4116

Introduced 2/27/2009, by Rep. Rosemary Mulligan

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-8.5 new

Amends the Election Code. Prohibits media communications that refer to clearly identified candidates until specified periods before a general primary and general election, with certain exceptions. Authorizes the State Board of Elections to impose civil penalties for violations.

A BILL FOR

AN ACT concerning elections.

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 Section 9-8.5 as follows:

(10 ILCS 5/9-8.5 new)

Sec. 9-8.5. Restrictions on election communications.

(a) Any form of communication, in whatever media, including but not limited to a newspaper, radio, television, or Internet communication, that refers to a clearly identified candidate or candidates who will appear on the ballot at the next general election or general primary election is prohibited (i) with respect to the general primary ballot, until January 2 before the general primary election and through the day of the general primary election, and (ii) with respect to the general election ballot, until September 2 before the general election and through the day of the general election.

(b) The State Board of Elections may impose a civil penalty for a violation of this Section not to exceed $5,000, except that the civil penalty may not exceed $10,000 for a violation by the holder of a statewide office, a candidate for statewide office, or a political committee established to promote the candidacy of a statewide office holder or candidate. For purposes of this Section, "statewide office" means the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, State Comptroller, or State Treasurer.

(c) This Section does not apply to those communications exempted from the definition of "electioneering communications" under Section 9-1.14.