|
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0146
Introduced 1/30/2009, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
|
|
|
|
Amends the Election Code. Makes it a Class C misdemeanor to telephone or cause to be telephoned any paid message that expressly advocates the nomination, election, or defeat of a clearly identified State or local candidate without a specified disclosure of the message's sponsoring entity or responsible individual. Effective immediately.
|
| |
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
|
A BILL FOR
|
|
|
|
|
SB0146 |
|
LRB096 04504 JAM 14558 b |
|
|
| 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 Section |
| 5 |
| 9-9.5 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. This subsection does
not apply to items that are |
| 18 |
| too small to contain the required disclosure.
Nothing in this |
| 19 |
| subsection shall require disclosure on any telephone |
| 20 |
| communication using random sampling or other scientific survey |
| 21 |
| methods to gauge public opinion for or against any candidate or |
| 22 |
| question of public policy.
|
| 23 |
| Whenever any vendor or other person provides any of the |
|
|
|
SB0146 |
- 2 - |
LRB096 04504 JAM 14558 b |
|
|
| 1 |
| services listed in this subsection, other than any telephone |
| 2 |
| communication using random sampling or other scientific survey |
| 3 |
| methods to gauge public opinion for or against any candidate or |
| 4 |
| question of public policy, the vendor or person shall keep and |
| 5 |
| maintain records showing the name and address of the person who |
| 6 |
| purchased or requested the services and the amount paid for the |
| 7 |
| services. The records required by this subsection shall be kept |
| 8 |
| for a period of one year after the date upon which payment was |
| 9 |
| received for the services.
|
| 10 |
| (b) Any political committee, organized under this Code,
|
| 11 |
| that makes an expenditure for a pamphlet, circular, handbill,
|
| 12 |
| Internet or telephone communication, radio, television, or
|
| 13 |
| print advertisement, or other communication directed at voters
|
| 14 |
| and (i) mentioning the name of a candidate in the next upcoming
|
| 15 |
| election, without that candidate's permission, or
(ii)
|
| 16 |
| advocating for or against a public policy position shall ensure
|
| 17 |
| that the name of the political committee paying for any part of
|
| 18 |
| the communication, including, but not limited to, its
|
| 19 |
| preparation and distribution, is identified clearly within the
|
| 20 |
| communication. Nothing in this subsection shall require |
| 21 |
| disclosure on
any telephone communication using random |
| 22 |
| sampling or other
scientific survey methods to gauge public |
| 23 |
| opinion for or
against any candidate or question of public |
| 24 |
| policy. |
| 25 |
| (c) A political committee organized under this Code shall
|
| 26 |
| not make an expenditure for any unsolicited telephone call to
|
|
|
|
SB0146 |
- 3 - |
LRB096 04504 JAM 14558 b |
|
|
| 1 |
| the line of a residential telephone customer in this State
|
| 2 |
| using any method to block or otherwise circumvent that
|
| 3 |
| customer's use of a caller identification service.
|
| 4 |
| (d) Notwithstanding any other provision of this Section, it |
| 5 |
| is unlawful for a person or entity to telephone or cause to be |
| 6 |
| telephoned by any telephonic means, including but not limited |
| 7 |
| to an automatic dialing-announcing device, a device using a |
| 8 |
| voice over Internet protocol, or a wireless telephone, any paid |
| 9 |
| matter that expressly advocates the nomination, election, or |
| 10 |
| defeat of a clearly identified candidate for a State or local |
| 11 |
| office, unless such matter is preceded by the statement: "paid |
| 12 |
| for" or "sponsored by", followed by (i) the name of the |
| 13 |
| sponsoring organization and the name of the chairperson or |
| 14 |
| treasurer of the political or other organization sponsoring the |
| 15 |
| matter or (ii) the name of the individual who is responsible |
| 16 |
| for the matter.
Violation of this subsection is a Class C |
| 17 |
| misdemeanor. |
| 18 |
| As used in this subsection, "automatic dialing-announcing |
| 19 |
| device" means any user terminal equipment that: |
| 20 |
| (1) when connected to a telephone line can dial, with |
| 21 |
| or without manual assistance, telephone numbers that have |
| 22 |
| been stored or programmed in the device or are produced or |
| 23 |
| selected by a random or sequential number generator; or |
| 24 |
| (2) when connected to a telephone line can disseminate |
| 25 |
| a recorded message to the telephone number called, either |
| 26 |
| with or without manual assistance. |