Bill Text: IL HB0268 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Election Code. Provides that an automatically generated telephone communication that (i) is directed at voters and (ii) mentions the name of a candidate at the next election or advocates for or against a public policy position must identify the person or entity paying for the communication. Makes knowing generation of a violating communication a Class A misdemeanor.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2009-08-16 - Rule 19(b) / Re-referred to Rules Committee [HB0268 Detail]

Download: Illinois-2009-HB0268-Engrossed.html

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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 Section
9-9.5 as follows:
(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 or telephone communication, 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 within the communication
as the payor. This subsection does not apply to items that are
too small to contain the required disclosure. 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

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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 or telephone communication, 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 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 within the
communication. 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

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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.
(d) Notwithstanding any other provision of this Section, if
a telephone communication (i) is directed at voters, (ii)
mentions by name a candidate at the next upcoming election or
advocates for or against a public policy position, and (iii) is
generated by an automatic dialing device or format, then the
name of each person or entity paying for any part of the
communication must be clearly identified at the conclusion of
the communication. A person or entity responsible for knowingly
generating a communication in violation of this subsection
commits a Class A misdemeanor for disregard of this Code as
provided in Section 29-12.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;
95-699, eff. 11-9-07.)