Bill Text: IL HB5833 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that, if a political committee makes an expenditure for a person to post content on a website, web application, or digital application that is directed at voters and mentions the name of a candidate in the next upcoming election, the person posting the content must concurrently include a statement disclosing that the person was paid by the political committee. Sets forth format and presentation requirements for disclosure statements across image, video, and audio formats. Provides that statements placed solely in captions, descriptions, bios, tags, or hyperlinks do not satisfy disclosure requirements. Requires political committees to provide notice of disclosure requirements and take reasonable actions to ensure compliance with those requirements. Prohibits contracts entered into, amended, or renewed on or after the effective date from restricting vendors or other persons from disclosing services provided, persons paying for those services, or amounts paid. Expands recordkeeping obligations for vendors, agencies, sub-vendors, and intermediaries providing political communication services to include content creator identities, social media handles, platforms used, and itemized compensation. Provides that a knowing violation of paid digital content posting requirements is a Class B misdemeanor, with each violation constituting a separate offense. Provides for civil penalties and joint and several liability between the committee and the person posting the content. Requires political committees making expenditures aggregating $1,000 or more in an election cycle for paid digital content postings to electronically file a report within 2 business days. Requires quarterly financial reports to itemize paid digital content expenditures under a designated category with specified details regarding creators, platforms, and intermediaries. Authorizes the State Board of Elections to assess an additional civil penalty of up to 300% of compensation for intentional or repeated concealment of paid digital content postings. Applies certain civil penalty provisions to expenditures as well as contributions.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-11-10 - Filed with the Clerk by Rep. Curtis J. Tarver, II [HB5833 Detail]

Download: Illinois-2025-HB5833-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5833 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-9.5
10 ILCS 5/9-10 from Ch. 46, par. 9-10
10 ILCS 5/9-11 from Ch. 46, par. 9-11
10 ILCS 5/9-26 from Ch. 46, par. 9-26
Amends the Election Code. Provides that, if a political committee makes an expenditure for a person to post content on a website, web application, or digital application that is directed at voters and mentions the name of a candidate in the next upcoming election, the person posting the content must concurrently include a statement disclosing that the person was paid by the political committee. Sets forth format and presentation requirements for disclosure statements across image, video, and audio formats. Provides that statements placed solely in captions, descriptions, bios, tags, or hyperlinks do not satisfy disclosure requirements. Requires political committees to provide notice of disclosure requirements and take reasonable actions to ensure compliance with those requirements. Prohibits contracts entered into, amended, or renewed on or after the effective date from restricting vendors or other persons from disclosing services provided, persons paying for those services, or amounts paid. Expands recordkeeping obligations for vendors, agencies, sub-vendors, and intermediaries providing political communication services to include content creator identities, social media handles, platforms used, and itemized compensation. Provides that a knowing violation of paid digital content posting requirements is a Class B misdemeanor, with each violation constituting a separate offense. Provides for civil penalties and joint and several liability between the committee and the person posting the content. Requires political committees making expenditures aggregating $1,000 or more in an election cycle for paid digital content postings to electronically file a report within 2 business days. Requires quarterly financial reports to itemize paid digital content expenditures under a designated category with specified details regarding creators, platforms, and intermediaries. Authorizes the State Board of Elections to assess an additional civil penalty of up to 300% of compensation for intentional or repeated concealment of paid digital content postings. Applies certain civil penalty provisions to expenditures as well as contributions.
LRB104 23516 SPS 39996 b
A BILL FOR
HB5833 LRB104 23516 SPS 39996 b
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 9-9.5, 9-10, 9-11, and 9-26 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. 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

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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, agency, sub-vendor, intermediary, or
other person provides any of the services listed in this
subsection or subsection (b-5), 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, agency, sub-vendor,
intermediary, or person shall keep and maintain records
showing the sponsoring political committee, all intermediary
entities, the identity and social media account handle of the
actual content creator, the name of the internet website, web
application, or digital application on which the content was
posted or intended to be posted, the name and address of the
person who purchased or requested the services, the specific
services provided, and the amount paid or allocated for the
services, including pass-through, sub-contracted, or bundled
contract compensation. 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

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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.
(b-5) If a political committee makes an expenditure for a
person to post, on a website, web application, or digital
application, content that is directed at voters and mentions
the name of a candidate in the next upcoming election, then the
person posting the content shall concurrently include with the
content a statement disclosing that the person was paid by the
political committee in connection with the posted content. The
statement required by this subsection shall, if the content is
in an image format, be prominently overlaid or embedded
directly on the image; if in a video format, be clearly visible
on screen throughout the presentation of the paid content; or
if in an audio format, be clearly audible. A statement placed
solely in a post description, video caption, profile bio,
expanded text tag, or hyperlinked URL does not satisfy the
requirements of this subsection. A political committee shall

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notify the person paid to post the content of the requirement
to include the statement required under this subsection and
that the failure to include the statement may result in
penalties under this Code. A political committee shall take
all reasonable actions to ensure that the person paid to post
the content includes the statement required under this
subsection. A contractual provision or generic clause
requiring a paid person or vendor to comply with applicable
laws does not relieve or absolve a political committee of its
oversight, verification, or compliance obligations under this
subsection.
A vendor or other person who provides any of the services
listed in this subsection shall concurrently include with the
content a statement disclosing that the vendor or person was
paid by the political committee in connection with the posted
content in accordance with the formatting requirements of this
subsection.
A contract that is entered into, amended, or renewed on or
after the effective date of this amendatory Act of the 104th
General Assembly shall not restrict any vendor or other person
who provides any of the services listed in this subsection
from disclosing (1) the services provided, (2) who is paying
for the services, or (3) the amount paid for the services.
A person who knowingly violates this subsection commits a
Class B misdemeanor. Each violation of this subsection
constitutes a separate violation. A person or political

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committee who violates this subsection shall be liable for
civil penalties in an amount equal to the compensation paid
for such services. A person or political committee who commits
5 or more violations of this subsection in an election cycle
shall be liable for civil penalties in an amount equal to 5
times the aggregate compensation paid for such services in
that election cycle. A political committee and a person who
posts content in violation of this subsection shall be jointly
and severally liable for any civil or administrative penalties
incurred for a violation of this subsection. This subsection
does not apply to an expenditure for the posting of any content
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.
(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 5/9-10) (from Ch. 46, par. 9-10)
Sec. 9-10. Disclosure of contributions and expenditures.
(a) The treasurer of every political committee shall file
with the Board reports of campaign contributions and
expenditures as required by this Section on forms to be

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prescribed or approved by the Board.
(b) Every political committee shall file quarterly reports
of campaign contributions, expenditures, and independent
expenditures. The reports shall cover the period January 1
through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31 of each year. A
political committee shall file quarterly reports no later than
the 15th day of the month following each period. Reports of
contributions and expenditures must be filed to cover the
prescribed time periods even though no contributions or
expenditures may have been received or made during the period.
A report is considered timely filed if it is received by the
Board no later than 11:59 p.m. on the deadline or postmarked no
later than 3 days prior to the deadline.
(b-5) In addition to quarterly reports required under
subsection (b), if a political committee makes an expenditure
or group of expenditures aggregating $1,000 or more within an
election cycle, whether made directly or through an agency,
vendor, or intermediary, to pay one or more persons to post, on
a website, web application, or digital application, content
that is directed at voters and mentions the name of a candidate
in the next upcoming election, the committee shall
electronically file a report disclosing the expenditure within
2 business days after making the expenditure.
(c) A political committee shall file a report of any
contribution of $1,000 or more electronically with the Board

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within 5 business days after receipt of the contribution,
except that the report shall be filed within 2 business days
after receipt if (i) the contribution is received 30 or fewer
days before the date of an election and (ii) the political
committee supports or opposes a candidate or public question
on the ballot at that election or makes expenditures in excess
of $500 on behalf of or in opposition to a candidate,
candidates, a public question, or public questions on the
ballot at that election. The State Board shall allow filings
of reports of contributions of $1,000 or more by political
committees that are not required to file electronically to be
made by facsimile transmission. It is not a violation of this
subsection (c) and a political committee does not need to file
a report of a contribution of $1,000 or more if the
contribution is received and returned within the same period
it is required to be disclosed on a quarterly report.
(d) For the purpose of this Section, a contribution is
considered received on the date (i) a monetary contribution
was deposited in a bank, financial institution, or other
repository of funds for the committee, (ii) the date a
committee receives notice a monetary contribution was
deposited by an entity used to process financial transactions
by credit card or other entity used for processing a monetary
contribution that was deposited in a bank, financial
institution, or other repository of funds for the committee,
or (iii) the public official, candidate, or political

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committee receives the notification of contribution of goods
or services as required under subsection (b) of Section 9-6.
(e) A political committee that makes independent
expenditures of $1,000 or more shall file a report
electronically with the Board within 5 business days after
making the independent expenditure, except that the report
shall be filed within 2 business days after making the
independent expenditure during the 60-day period before an
election.
(e-5) An independent expenditure committee that makes an
independent expenditure supporting or opposing a public
official or candidate that, alone or in combination with any
other independent expenditure made by that independent
expenditure committee supporting or opposing that public
official or candidate during the election cycle, equals an
aggregate value of more than (i) $250,000 for statewide office
or (ii) $100,000 for all other elective offices must file a
written disclosure with the State Board of Elections within 2
business days after making any expenditure that results in the
independent expenditure committee exceeding the applicable
threshold.
(f) A copy of each report or statement filed under this
Article shall be preserved by the person filing it for a period
of two years from the date of filing.
(g) The Board may assess a civil penalty against a
committee for any violation of this Section. The Board shall

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provide notice of any violation no later than 365 days after
the date of the violation and provide the committee with an
opportunity to appeal a violation. A committee shall not be
fined if notice is not provided as required by this
subsection. The fine assessed by the Board for a violation of
this Section shall not exceed the amount of the contribution
or expenditure involved in the violation and may be no more
than $500 for the first violation, no more than $1,000 for the
second violation, no more than $2,000 for a third violation,
and no more than $3,000 for any subsequent violations. In
cases involving intentional or repeated concealment of paid
digital content postings under subsection (b-5) of Section
9-9.5, the Board may assess an additional civil penalty of up
to 300% of the total compensation paid or received for the
non-compliant postings. When determining whether to waive or
reduce a fine, the Board shall consider: (1) whether the
political committee made an attempt to disclose the
contribution or expenditure and any attempts made to correct
the violation; (2) whether the violation was inadvertent,
knowingly, or intentional; (3) whether the violation is
attributed to a clerical or computer error; (4) the amount of
the contribution or expenditure or total contributions or
expenditures in the report; (5) whether the violation arose
from a discrepancy between the date the contribution or
expenditure was reported and the date the contribution or
expenditure was received or made by a political committee; (6)

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the number of days the report was submitted late; and (7) any
prior violations.
(Source: P.A. 102-668, eff. 11-15-21.)
(10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
Sec. 9-11. Financial reports.
(a) Each quarterly report of campaign contributions,
expenditures, and independent expenditures under Section 9-10
shall disclose the following:
(1) the name and address of the political committee;
(2) the name and address of the person submitting the
report on behalf of the committee, if other than the chair
or treasurer;
(3) the amount of funds on hand at the beginning of the
reporting period;
(4) the full name and mailing address of each person
who has made one or more contributions to or for the
committee within the reporting period in an aggregate
amount or value in excess of $150, together with the
amounts and dates of those contributions, and, if the
contributor is an individual who contributed more than
$500, the occupation and employer of the contributor or,
if the occupation and employer of the contributor are
unknown, a statement that the committee has made a good
faith effort to ascertain this information;
(5) the total sum of individual contributions made to

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or for the committee during the reporting period and not
reported under item (4);
(6) the name and address of each political committee
from which the reporting committee received, or to which
that committee made, any transfer of funds in the
aggregate amount or value in excess of $150, together with
the amounts and dates of all transfers;
(7) the total sum of transfers made to or from the
committee during the reporting period and not reported
under item (6);
(8) each loan to or from any person, political
committee, or financial institution within the reporting
period by or to the committee in an aggregate amount or
value in excess of $150, together with the full names and
mailing addresses of the lender and endorsers, if any; the
dates and amounts of the loans; and, if a lender or
endorser is an individual who loaned or endorsed a loan of
more than $500, the occupation and employer of that
individual or, if the occupation and employer of the
individual are unknown, a statement that the committee has
made a good faith effort to ascertain this information;
(9) the total amount of proceeds received by the
committee from (i) the sale of tickets for each dinner,
luncheon, cocktail party, rally, and other fund-raising
events; (ii) mass collections made at those events; and
(iii) sales of items such as political campaign pins,

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buttons, badges, flags, emblems, hats, banners,
literature, and similar materials;
(10) each contribution, rebate, refund, income from
investments, or other receipt in excess of $150 received
by the committee not otherwise listed under items (4)
through (9) and, if the contributor is an individual who
contributed more than $500, the occupation and employer of
the contributor or, if the occupation and employer of the
contributor are unknown, a statement that the committee
has made a good faith effort to ascertain this
information;
(11) the total sum of all receipts by or for the
committee or candidate during the reporting period;
(12) the full name and mailing address of each person
to whom expenditures have been made by the committee or
candidate within the reporting period in an aggregate
amount or value in excess of $150; the amount, date, and
purpose of each of those expenditures; and the question of
public policy or the name and address of, and the office
sought by, each candidate on whose behalf that expenditure
was made;
(13) the full name and mailing address of each person
to whom an expenditure for personal services, salaries,
and reimbursed expenses in excess of $150 has been made,
if and that is not otherwise reported, including the
amount, date, and purpose of the expenditure, regardless

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of whether the transaction is characterized as personal
services, general consulting, campaign management,
advertising, or general vendor fees; and, for any
expenditure made directly or through a bundled contract,
agency, or sub-vendor for the purpose described in
subsection (b-5) of Section 9-9.5, the specific
expenditure designation "Paid Digital Content Posting",
the identity of the sponsoring political committee, all
intermediate vendors or agencies, the identity and social
media account handle of the actual content creator, the
name of the internet website, web application, or digital
application on which the content was posted or intended to
be posted, and the itemized portion of compensation paid
or allocated for the posting;
(14) the value of each asset held as an investment, as
of the final day of the reporting period;
(15) the total sum of expenditures made by the
committee during the reporting period; and
(16) the full name and mailing address of each person
to whom the committee owes debts or obligations in excess
of $150 and the amount of those debts or obligations.
For purposes of reporting campaign receipts and expenses,
income from investments shall be included as receipts during
the reporting period they are actually received. The gross
purchase price of each investment shall be reported as an
expenditure at the time of purchase. Net proceeds from the

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sale of an investment shall be reported as a receipt. During
the period investments are held they shall be identified by
name and quantity of security or instrument on each quarterly
report during the period.
(b) Each report of a campaign contribution of $1,000 or
more required under subsection (c) of Section 9-10 shall
disclose the following:
(1) the name and address of the political committee;
(2) the name and address of the person submitting the
report on behalf of the committee, if other than the chair
or treasurer; and
(3) the full name and mailing address of each person
who has made a contribution of $1,000 or more.
(c) Each quarterly report shall include the following
information regarding any independent expenditures made during
the reporting period: (1) the full name and mailing address of
each person to whom an expenditure in excess of $150 has been
made in connection with an independent expenditure; (2) the
amount, date, and purpose of such expenditure; (3) a statement
whether the independent expenditure was in support of or in
opposition to a particular candidate; (4) the name of the
candidate; (5) the office and, when applicable, district,
sought by the candidate; and (6) a certification, under
penalty of perjury, that such expenditure was not made in
cooperation, consultation, or concert with, or at the request
or suggestion of, any candidate or any authorized committee or

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agent of such committee. The report shall also include (I) the
total of all independent expenditures of $150 or less made
during the reporting period and (II) the total amount of all
independent expenditures made during the reporting period.
(d) The Board shall by rule define a "good faith effort".
The reports of campaign contributions filed under this
Article shall be cumulative during the reporting period to
which they relate.
(e) Each report shall be verified, dated, and signed by
either the treasurer of the political committee or the
candidate on whose behalf the report is filed and shall
contain the following verification:
"I declare that this report (including any accompanying
schedules and statements) has been examined by me and, to the
best of my knowledge and belief, is a true, correct, and
complete report as required by Article 9 of the Election Code.
I understand that willfully filing a false or incomplete
statement is subject to a civil penalty of up to $5,000.".
(f) A political committee may amend a report filed under
subsection (a) or (b). The Board may reduce or waive a fine if
the amendment is due to a technical or inadvertent error and
the political committee files the amended report, except that
a report filed under subsection (b) must be amended within 5
business days. The State Board shall ensure that a description
of the amended information is available to the public. The
Board may promulgate rules to enforce this subsection.

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(Source: P.A. 103-600, eff. 7-1-24.)
(10 ILCS 5/9-26) (from Ch. 46, par. 9-26)
Sec. 9-26. Willful failure to file or willful filing of
false or incomplete information required by this Article shall
constitute a business offense subject to a fine of up to
$5,000.
Willful filing of a false complaint under this Article
shall constitute a Class B misdemeanor.
A knowing violation of subsection (b-5) of Section 9-9.5
shall constitute a Class B misdemeanor notwithstanding any
other provision of this Code. Each separate non-compliant post
or upload shall constitute a distinct and separate offense.
A prosecution for any offense designated by this Article
shall be commenced no later than 18 months after the
commission of the offense.
The appropriate State's Attorney or the Attorney General
shall bring such actions in the name of the people of the State
of Illinois.
(Source: P.A. 90-737, eff. 1-1-99.)