Full Text of HB3735 102nd General Assembly
HB3735 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3735 Introduced 2/22/2021, by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/9-9.5 | | 10 ILCS 5/9-10.5 new | |
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Amends the Election Code. Requires a political committee to include in specified communications a list of the top committee contributors of $50,000 or more, beginning with the largest contributor, and a statement that the communication was not authorized by a candidate or a committee controlled by a candidate, if applicable. Provides how the contribution information and statement must be displayed or disclosed in political advertisements depending on the medium.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 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 changing | 5 | | Section 9-9.5 and by adding Section 9-10.5 as follows: | 6 | | (10 ILCS 5/9-9.5)
| 7 | | Sec. 9-9.5. Disclosures in political communications. | 8 | | (a)
Any political committee, organized under the Election | 9 | | Code, that
makes an expenditure for a pamphlet, circular, | 10 | | handbill, Internet or telephone communication, radio, | 11 | | television,
or print advertisement,
or other communication | 12 | | directed at voters and
mentioning the name of a candidate in | 13 | | the next upcoming election shall ensure
that the name of the | 14 | | political committee paying for any part of the
communication, | 15 | | including, but not limited to, its preparation and | 16 | | distribution,
is
identified clearly within the communication | 17 | | as the payor. The communication shall also include: (1) a list | 18 | | of the top committee contributors of $50,000 or more, | 19 | | beginning with the largest contributor; and (2) a statement | 20 | | that the communication was not authorized by a candidate or a | 21 | | committee controlled by a candidate, if applicable. This | 22 | | subsection does
not apply to items that are too small to | 23 | | contain the required disclosure.
This subsection does not |
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| 1 | | apply to an expenditure for the preparation, distribution, or | 2 | | publication of any communication directed at constituents of a | 3 | | member of the General Assembly if the expenditure is made by a | 4 | | political committee in accordance with subsection (c) of | 5 | | Section 9-8.10. Nothing in this subsection shall require | 6 | | disclosure on any telephone communication using random | 7 | | sampling or other scientific survey methods to gauge public | 8 | | opinion for or against any candidate or question of public | 9 | | policy.
| 10 | | Whenever any vendor or other person provides any of the | 11 | | services listed in this subsection, other than any telephone | 12 | | communication using random sampling or other scientific survey | 13 | | methods to gauge public opinion for or against any candidate | 14 | | or question of public policy, the vendor or person shall keep | 15 | | and maintain records showing the name and address of the | 16 | | person who purchased or requested the services and the amount | 17 | | paid for the services. The records required by this subsection | 18 | | shall be kept for a period of one year after the date upon | 19 | | which payment was received for the services.
| 20 | | (b) Any political committee, organized under this Code,
| 21 | | that makes an expenditure for a pamphlet, circular, handbill,
| 22 | | Internet or telephone communication, radio, television, or
| 23 | | print advertisement, or other communication directed at voters
| 24 | | and (i) mentioning the name of a candidate in the next upcoming
| 25 | | election, without that candidate's permission, or
(ii)
| 26 | | advocating for or against a public policy position shall |
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| 1 | | ensure
that the name of the political committee paying for any | 2 | | part of
the communication, including, but not limited to, its
| 3 | | preparation and distribution, is identified clearly within the
| 4 | | communication. The communication shall also include a list of | 5 | | the top committee contributors of $50,000 or more, beginning | 6 | | with the largest contributor. Nothing in this subsection shall | 7 | | require disclosure on
any telephone communication using random | 8 | | sampling or other
scientific survey methods to gauge public | 9 | | opinion for or
against any candidate or question of public | 10 | | policy. | 11 | | (c) A political committee organized under this Code shall
| 12 | | not make an expenditure for any unsolicited telephone call to
| 13 | | the line of a residential telephone customer in this State
| 14 | | using any method to block or otherwise circumvent that
| 15 | | customer's use of a caller identification service.
| 16 | | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
| 17 | | (10 ILCS 5/9-10.5 new) | 18 | | Sec. 9-10.5. Disclosure requirements. | 19 | | (a) For radio advertisements, telephone calls, and | 20 | | audio-only electronic media advertisements that must disclose | 21 | | information pursuant to Section 9-9.5, the communication must | 22 | | be spoken clearly for at least 3 seconds at the beginning or | 23 | | end of the advertisement or call, in a pitch and tone | 24 | | substantially similar to the rest of the advertisement. Radio | 25 | | and prerecorded telephone advertisements must disclose only |
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| 1 | | the top 2 contributors of $50,000 or more unless the | 2 | | advertisement lasts 15 seconds or less or the disclosure | 3 | | statement would last more than 8 seconds, in which case only | 4 | | the single top contributor must be disclosed. | 5 | | (b) For television and video advertisements that must | 6 | | disclose information pursuant to Section 9-9.5, including | 7 | | advertisements disseminated over the Internet, the | 8 | | communication text must be centered horizontally in the | 9 | | disclosure area, in a contrasting color, in Arial equivalent | 10 | | type and, if there are top contributors, underlined except as | 11 | | otherwise provided in this subsection (b). The size for the | 12 | | smallest letters must be 4% of the height of the display screen | 13 | | and must be displayed at the beginning or end of the | 14 | | advertisement for at least 5 seconds of a broadcast of 30 | 15 | | seconds or less or for at least 10 seconds of a broadcast | 16 | | longer than 30 seconds. If a video is distributed as an | 17 | | electronic media advertisement and is longer than 30 seconds, | 18 | | the disclosures must be displayed at the beginning of the | 19 | | advertisement. If the television or video advertisement is | 20 | | shorter than the required disclosure display time, the | 21 | | disclosure may be displayed for the length of the | 22 | | advertisement. If the television or video advertisement is | 23 | | shorter than the required disclosure display time, the | 24 | | disclosure may be displayed for the length of the | 25 | | advertisement. Disclosures must appear on a solid black | 26 | | background on the entire bottom one-third of the display |
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| 1 | | screen, or bottom one-fourth of the display screen if no top | 2 | | contributors require disclosure. Each top contributor must be | 3 | | disclosed on a separate horizontal line separate from other | 4 | | text, may not be underlined, and may not be condensed or have | 5 | | the spacing between characters reduced to be narrower than a | 6 | | normal non-condensed Arial equivalent type, unless doing so is | 7 | | necessary to keep the name of a contributor from exceeding the | 8 | | width of the screen. | 9 | | (c) For electronic media advertisements that are a | 10 | | graphic, image, animated graphic, or animated image that an | 11 | | online platform hosting the advertisement allows to link to an | 12 | | Internet website that must disclose information pursuant to | 13 | | Section 9-9.5, the communication must link to a website | 14 | | containing the required disclosures in a contrasting color and | 15 | | in no less than 8-point font. If including the text in 8-point | 16 | | font would take up more than one-third of the graphic or image, | 17 | | the text is not required and the advertisement need only | 18 | | include a hyperlink to a website containing the website | 19 | | disclosures. A website that is hyperlinked to the | 20 | | advertisement shall remain online and available to the public | 21 | | until 30 days after the date of the election for which the | 22 | | advertisement was intended. | 23 | | (d) For all other electronic media advertisements that | 24 | | must disclose information pursuant to Section 9-9.5, the | 25 | | communication must display the required disclosures in a | 26 | | contrasting color that is easily readable by the average |
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| 1 | | viewer and in no less than 10-point font on the cover or header | 2 | | photo of the committee's profile, landing page, or similar | 3 | | location; disclosures are not required on each individual post | 4 | | or comment. The required disclosures, if practicable, must be | 5 | | visible on the cover or header photo when the profile, landing | 6 | | page, or similar location is viewed from any electronic device | 7 | | that is commonly used to view this form of electronic media, | 8 | | including, but not limited to, a computer screen, laptop, | 9 | | tablet, and smart phone.
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