State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT concerning voters' 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
 5    Article 12A as follows:

 6        (10 ILCS 5/Art. 12A heading new)

 8        (10 ILCS 5/12A-1 new)
 9        Sec.  12A-1.  Definitions.   As  used  in  this  Article,
10    unless the context otherwise requires:
11        "Board" means the State Board of Elections.
12        "Election authority" means a county clerk or a  Board  of
13    Election Commissioners.

14        (10 ILCS 5/12A-5 new)
15        Sec.  12A-5.  County  voters'  guide.  When  directed  by
16    resolution of the county board, the election authority of any
17    county  must  post  a  county  voters' guide on the county or
18    election authority's World Wide Web site for an  election  of
19    judicial candidates.

20        (10 ILCS 5/12A-10 new)
21        Sec.  12A-10.  Information  required  to  be  included in
22    voters' guide.
23        (a) If a county produces  a  county  voters'  guide,  the
24    county  voters' guide must include, when applicable, at least
25    the following information:
26             (1)  A  sample  ballot  containing  the   names   of
27        candidates  for  the  office  of  judge  of  the Supreme,
28        Appellate, or Circuit Courts in the county.
                            -2-                LRB9206386MWmg
 1             (2) Requirements for a  citizen  to  qualify  as  an
 2        elector.
 3             (3)   Requirements  for  registration,  transfer  of
 4        registration, and re-registration.
 5             (4) Instructions as to how an elector may obtain and
 6        use an absentee ballot.
 7             (5) Elector instructions, including the right of  an
 8        elector to request a second ballot if the first ballot is
 9        spoiled,  the right of an elector to take into the voting
10        booth a sample ballot marked in advance, and the right of
11        an elector to seek assistance of the  judges of  election
12        or  someone of the elector's own choosing, other than the
13        elector's employer or agent of that employer  or  officer
14        or agent of the elector's union, in marking the ballot.
15             (6) The hours that the polling places are open.
16             (7)   Any   portraits  and  statements  relating  to
17        candidates  submitted  under  the  provisions   of   this
18        Article.
19             (8) A listing of the polling places.
20             (9)   Any   other   information  that  the  election
21        authority considers to be  appropriate  or  necessary  to
22        inform the voters.

23        (10 ILCS 5/12A-15 new)
24        Sec.   12A-15.  Schedule  and  procedures  for  producing
25    guide; fees.
26        (a)  The State Board of Elections must, by rule, adopt  a
27    schedule  and procedures for producing county voters' guides.
28    The schedule and procedures must include, but not be  limited
29    to,  deadlines  for filing material for the voters' guide and
30    except as otherwise provided by law, the format  of  material
31    to   be   submitted  and  the  size  and  other  requirements
32    applicable to candidate portraits.
33        (b) The Board must, by rule, adopt a schedule of fees  to
                            -3-                LRB9206386MWmg
 1    be  charged by the election authority for including portraits
 2    of candidates and statements in the voters' guide.  The  fees
 3    need  not  reflect  the  actual cost of producing the voters'
 4    guide. The  election authority must refund the filing fee  to
 5    any person who applies for the refund not later than the last
 6    day  for  filing material for inclusion in the voters' guide.
 7    When a refund is made, the material for  which  the  fee  was
 8    paid may not be included in the guide.

 9        (10 ILCS 5/12A-20 new)
10        Sec.  12A-20.  Filing  portrait  and  statement by or for
11    candidate. Not later than the date specified  by  the  Board,
12    any  candidate  for  election  for the office of judge of the
13    Supreme, Appellate, or Circuit Courts within the  county,  or
14    an  agent  of  the  candidate,  may  file  with  the election
15    authority of a county that prepares a county voters' guide  a
16    portrait  of the candidate and a typewritten statement of the
17    reasons the candidate should be  elected.  The  portrait  and
18    statement must comply with the applicable rules of the Board.
19    The  election  authority  may  not  accept  the  filing  of a
20    statement or portrait of any candidate unless the  filing  is
21    accompanied  by  the  appropriate  fee  as  prescribed by the
22    Board.

23        (10 ILCS 5/12A-25 new)
24        Sec. 5/12A-25.  Cost of posting. All fees collected by an
25    election authority under this Act must be transmitted to  the
26    State  Board  of Elections, as provided by rule of the Board,
27    and deposited by the Board into the General Revenue Fund. The
28    State  Board  of  Elections  must  reimburse   the   election
29    authority  for the actual costs of posting the county voters'
30    guide from an appropriation made by the General Assembly.

31        (10 ILCS 5/12A-30 new)
                            -4-                LRB9206386MWmg
 1        Sec. 12A-30.  Content of statements; notice  of  material
 2    that may be excluded.
 3        (a)  Statements  submitted  for  inclusion  in  a  county
 4    voters'  guide  by  a  candidate,  political party, political
 5    committee, or other person must  consist  only  of  words  or
 6    numbers.
 7        (b)  The   election   authority   must   specify  on  any
 8    instructions for filing a statement in the voters' guide that
 9    the statement may be excluded under Section 12A-40.

10        (10 ILCS 5/12A-35 new)
11        Sec. 12A-35.  Names of persons or organizations  excluded
12    from statements; exceptions.
13        (a)  Except   as  provided  in  subsection  (b)  of  this
14    Section, the election authority may not print the name of any
15    person or organization in any  statement  of  any  candidate,
16    filed for inclusion in a county voters' guide, if the name of
17    the   person  or  organization  is  cited  as  supporting  or
18    endorsing the statement.
19        (b)  The election authority  may  print  the  name  of  a
20    person or organization in a statement submitted for inclusion
21    in  a  county  voters'  guide  as supporting or endorsing the
22    statement if:
23             (1)  not  later  than  the  deadline  for  filing  a
24        statement  with  the  election  authority,  the  election
25        authority receives a statement signed by the  person,  or
26        by  an  authorized  person  on behalf of an organization,
27        stating that the person consents to the use of  the  name
28        of the person or organization; or
29             (2)  the  name  of  a person or organization is used
30        with a quotation made by the  person  on  behalf  of  the
31        person  or  by  an  authorized  person  on  behalf  of an
32        organization,  the  quotation  was  disseminated  to  the
33        public  prior  to  its  inclusion  in  the  argument   or
                            -5-                LRB9206386MWmg
 1        statement,  and the quotation is identified by its source
 2        and date.
 3        (c) A person may  not  submit  a  false  signature  under
 4    subsection (b) of this Section.

 5        (10 ILCS 5/12A-40 new)
 6        Sec. 12A-40.  Type of material to be excluded from guide;
 7    liability for libel; procedure if material excluded.
 8        (a)  The  election  authority  must  reject any statement
 9    offered for filing and posting  in  a  county  voters'  guide
10    that:
11             (1)  contains  any  obscene,  profane, or defamatory
12        language;
13             (2) incites or advocates hatred, abuse, or  violence
14        toward any person or group; or
15             (3)  contains  any  language that may not legally be
16        circulated through the mails.
17        (b) Nothing in this  Article  makes  the  author  of  any
18    statement exempt from any civil or criminal action because of
19    any defamatory statements offered for posting or contained in
20    the  voters'  pamphlet.  The  persons  writing,  signing,  or
21    offering  a  statement  for filing are deemed its authors and
22    publishers.
23        (c) The Board must, by rule,  establish  a  procedure  to
24    notify  a  person  who  offered a statement that was rejected
25    under this Section. Subject to voters' guide  deadlines,  the
26    procedure must require the election authority to:
27             (1) make reasonable attempts to notify the person of
28        the rejection; and
29             (2)  allow  the  person, if notified under paragraph
30        (1) of this subsection, to revise the statement  so  that
31        it does not violate the provisions of this Section.

32        (10 ILCS 5/12A-45 new)
                            -6-                LRB9206386MWmg
 1        Sec.   12A-45.  Format   of  candidate's  statement.  The
 2    candidate's statement in a county voters'  guide  must  begin
 3    with  a summary of the following: occupation, educational and
 4    occupational background, and prior governmental experience.

 5        (10 ILCS 5/12A-50 new)
 6        Sec.  12A-50.  Exemption   from   public   records   law.
 7    Notwithstanding    any  other  provisions  of law relating to
 8    public records, materials filed by a candidate for  inclusion
 9    in  a  county voters' guide are exempt from public inspection
10    until the 4th business day after the final  date  for  filing
11    the materials.

12        (10 ILCS 5/12A-55 new)
13        Sec. 12A-55.  Statements inadmissible in action to enjoin
14    publication of guide. Material submitted for inclusion in any
15    county  voters'  guide may not be admitted as evidence in any
16    suit or action against the election authority to restrain  or
17    enjoin the posting of the voters' guide.

[ Top ]