Bill Text: IL SB1759 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that "electioneering communication" also means a digital communication and includes any communication that is placed or promoted on an online platform. Provides the requirements for an online platform. Provides that the requirements do no apply to a news medium or reporter as defined in the Code of Civil Procedure. In provisions concerning disclosures in political communications, provides that a political committee that pays for a specified political communication must be identified conspicuously within the communication. Provides that a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. Provides that each provider of electioneering communications shall make reasonable efforts to ensure that electioneering communications are not purchased by a foreign national, directly or indirectly.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1759 Detail]

Download: Illinois-2019-SB1759-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1759 Introduced 2/15/2019, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-1.5a new
10 ILCS 5/9-1.14
10 ILCS 5/9-9.5
10 ILCS 5/9-9.6 new
10 ILCS 5/9-10.5 new
Amends the Election Code. Provides that "electioneering communication" also means a digital communication and includes any communication that is placed or promoted on an online platform. Provides the requirements for an online platform. Provides that the requirements do no apply to a news medium or reporter as defined in the Code of Civil Procedure. In provisions concerning disclosures in political communications, provides that a political committee that pays for a specified political communication must be identified conspicuously within the communication. Provides that a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. Provides that each provider of electioneering communications shall make reasonable efforts to ensure that electioneering communications are not purchased by a foreign national, directly or indirectly.
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A BILL FOR
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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 changing
Sections 9-1.14 and 9-9.5 and by adding Sections 9-1.5a, 9-9.6
and 9-10.5 as follows:
(10 ILCS 5/9-1.5a new)
Sec. 9-1.5a. Online platform. "Online platform" means any
public-facing website, web application, or digital
application, including, but not limited to, a social network,
ad network, or search engine, that:
(A) sells electioneering communications; and
(B) has 100,000 or more unique monthly Illinois
visitors or users for a majority of months during the
preceding 12 months.
(10 ILCS 5/9-1.14)
Sec. 9-1.14. Electioneering communication.
(a) "Electioneering communication" means, for the purposes
of this Article, any broadcast, cable, or satellite
communication, including radio, television, digital, or
Internet communication, including any communication that is
placed or promoted on an online platform, that (1) refers to

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(i) a clearly identified candidate or candidates who will
appear on the ballot for nomination for election, election, or
retention, (ii) a clearly identified political party, or (iii)
a clearly identified question of public policy that will appear
on the ballot, (2) is made within (i) 60 days before a general
election or consolidated election or (ii) 30 days before a
primary election, (3) is targeted to the relevant electorate,
and (4) is susceptible to no reasonable interpretation other
than as an appeal to vote for or against a clearly identified
candidate for nomination for election, election, or retention,
a political party, or a question of public policy.
(b) "Electioneering communication" does not include:
(1) A communication, other than an advertisement,
appearing in a news story, commentary, or editorial
distributed through the facilities of any legitimate news
organization, unless the facilities are owned or
controlled by any political party, political committee, or
candidate.
(2) A communication made solely to promote a candidate
debate or forum that is made by or on behalf of the person
sponsoring the debate or forum.
(3) A communication made as part of a non-partisan
activity designed to encourage individuals to vote or to
register to vote.
(4) A communication by an organization operating and
remaining in good standing under Section 501(c)(3) of the

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Internal Revenue Code of 1986.
(5) A communication exclusively between a labor
organization, as defined under federal or State law, and
its members.
(6) A communication exclusively between an
organization formed under Section 501(c)(6) of the
Internal Revenue Code and its members.
(Source: P.A. 96-832, eff. 7-1-10.)
(10 ILCS 5/9-9.5)
Sec. 9-9.5. Disclosures in political communications.
(a) Any political committee, organized under the Election
Code, that makes an expenditure for a pamphlet, circular,
handbill, Internet, digital, or telephone communication,
including any communication which is placed or promoted on an
online platform, radio, television, or print advertisement, or
other communication directed at voters and mentioning the name
of a candidate in the next upcoming election shall ensure that
the name of the political committee paying for any part of the
communication, including, but not limited to, its preparation
and distribution, is identified clearly and conspicuously
within the communication as the payor. For purposes of this
Section, a communication does not make a statement in a clear
and conspicuous manner if it is difficult to read or hear or if
the placement is easily overlooked. This subsection does not
apply to items that are too small to contain the required

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disclosure. This subsection does not apply to an expenditure
for the preparation, distribution, or publication of any
communication directed at constituents of a member of the
General Assembly if the expenditure is made by a political
committee in accordance with subsection (c) of Section 9-8.10.
Nothing in this subsection shall require disclosure on any
telephone communication using random sampling or other
scientific survey methods to gauge public opinion for or
against any candidate or question of public policy.
Whenever any vendor or other person provides any of the
services listed in this subsection, other than any telephone
communication using random sampling or other scientific survey
methods to gauge public opinion for or against any candidate or
question of public policy, the vendor or person shall keep and
maintain records showing the name and address of the person who
purchased or requested the services and the amount paid for the
services. The records required by this subsection shall be kept
for a period of one year after the date upon which payment was
received for the services.
(b) Any political committee, organized under this Code,
that makes an expenditure for a pamphlet, circular, handbill,
Internet, digital, or telephone communication, including any
communication which is placed or promoted on an online
platform, radio, television, or print advertisement, or other
communication directed at voters and (i) mentioning the name of
a candidate in the next upcoming election, without that

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candidate's permission, or (ii) advocating for or against a
public policy position shall ensure that the name of the
political committee paying for any part of the communication,
including, but not limited to, its preparation and
distribution, is identified clearly and conspicuously within
the communication. For purposes of this Section, a
communication does not make a statement in a clear and
conspicuous manner if it is difficult to read or hear or if the
placement is easily overlooked. Nothing in this subsection
shall require disclosure on any telephone communication using
random sampling or other scientific survey methods to gauge
public opinion for or against any candidate or question of
public policy.
(c) A political committee organized under this Code shall
not make an expenditure for any unsolicited telephone call to
the line of a residential telephone customer in this State
using any method to block or otherwise circumvent that
customer's use of a caller identification service.
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
(10 ILCS 5/9-9.6 new)
Sec. 9-9.6. Requirements for online platforms.
(a) An online platform shall maintain and make available
for online public inspection in machine readable format, a
complete record of any request to purchase on the online
platform an electioneering communication that is made by a

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person whose aggregate requests to purchase electioneering
communications on the online platform during the calendar year
exceed $500.
(b) Any person who requests to purchase an electioneering
communication on an online platform shall provide the online
platform with the information necessary for the online platform
to comply with the requirements of this Section.
(c) A record maintained under this Section shall contain:
(1) a digital copy of the electioneering
communication;
(2) a description of the audience targeted by the
electioneering communication, the number of views
generated from the electioneering communication, and the
date and time that the electioneering communication is
first displayed and last displayed; and
(3) information regarding:
(A) the average rate charged for the
electioneering communication;
(B) the name of the candidate to which the
electioneering communication refers and the office to
which the candidate is seeking election, the election
to which the electioneering communication refers, or
the clearly identified question of public policy to
which the electioneering communication refers;
(C) in the case of a request made by, or on behalf
of, a candidate, the name of the candidate, the

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candidate political committee, and the treasurer of
the candidate political committee; and
(D) in the case of any request not described in
subparagraphs (A) through (C), the name of the person
purchasing the advertisement; the name, address, phone
number, and email address of a contact for each person;
and a list of the chief executive officers or members
of the executive committee or of the board of directors
of each person.
(d) The information required by this Section shall be made
available as soon as is possible and shall be retained by the
online platform for a period of not less than 4 years.
(e) This Section does not apply to a news medium or
reporter as defined in Section 8-902 of the Code of Civil
Procedure.
(10 ILCS 5/9-10.5 new)
Sec. 9-10.5. Preventing contributions, expenditures,
independent expenditures, and disbursements by foreign
nationals. Each provider of electioneering communications
shall make reasonable efforts to ensure that electioneering
communications are not purchased by a foreign national,
directly or indirectly.