Bill Text: IL HB5850 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Authorizes the amendatory Act to be cited as the Truth in Politics Act. Includes legislative findings. Amends the Prohibitions and Penalties Article of the Election Code. Creates prohibitions against (i) false or misleading statements to affect a vote, (ii) unlawful attempts to affect the outcome of a campaign, (iii) distribution of materials intending to mislead people on a candidate's incumbency status, and (iv) libel and defamation in political advertising. Provides that, if a person violates the provisions, the person can be enjoined civilly. Provides that a violation of the provisions are Class A misdemeanors. Amends the Fair Campaign Practices Article of the Election Code. Requires (rather than allows) candidates and the chairs of political committees to sign and file the Code of Fair Campaign Practices. Requires a candidate to include in all of the candidate's campaign literature and advertising the following statement: "I am a candidate for (specify office), and I support the accuracy of this message." Provides penalties for failure to timely file a signed Code of Fair Campaign Practices and for violations of the Code of Fair Campaign Practices or other provisions of the Article. Defines terms.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2022-12-06 - Added Co-Sponsor Rep. Lamont J. Robinson, Jr. [HB5850 Detail]

Download: Illinois-2021-HB5850-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5850 Introduced , by Rep. Denyse Wang Stoneback SYNOPSIS AS INTRODUCED:
10 ILCS 5/29-1.1 new
10 ILCS 5/29-1.2 new
10 ILCS 5/29-20.1 new
10 ILCS 5/29-20.2 new
10 ILCS 5/29B-5
10 ILCS 5/29B-6 new
10 ILCS 5/29B-10
10 ILCS 5/29B-20
10 ILCS 5/29B-30
10 ILCS 5/29B-35
Authorizes the amendatory Act to be cited as the Truth in Politics Act. Includes legislative findings. Amends the Prohibitions and Penalties Article of the Election Code. Creates prohibitions against (i) false or misleading statements to affect a vote, (ii) unlawful attempts to affect the outcome of a campaign, (iii) distribution of materials intending to mislead people on a candidate's incumbency status, and (iv) libel and defamation in political advertising. Provides that, if a person violates the provisions, the person can be enjoined civilly. Provides that a violation of the provisions are Class A misdemeanors. Amends the Fair Campaign Practices Article of the Election Code. Requires (rather than allows) candidates and the chairs of political committees to sign and file the Code of Fair Campaign Practices. Requires a candidate to include in all of the candidate's campaign literature and advertising the following statement: "I am a candidate for (specify office), and I support the accuracy of this message." Provides penalties for failure to timely file a signed Code of Fair Campaign Practices and for violations of the Code of Fair Campaign Practices or other provisions of the Article. Defines terms.
LRB102 29470 AWJ 41473 b
A BILL FOR
HB5850 LRB102 29470 AWJ 41473 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be cited as the Truth in Politics
Act.
Section 5. Legislative findings. The General Assembly
finds:
(1) Misinformation occurs when people distribute
information based on incorrect factual beliefs and do so
confidently.
(2) Misinformation has distorted people's views about
consequential issues in politics. The American political
system and many campaigns are fraught with misinformation.
(3) Broadcasters have little power of censorship over
legally qualified candidates for public office, so local
broadcast television stations have difficulty rejecting
these types of advertisements, even if they are blatantly
false.
(4) Social media has affected the distribution of
information and has become a viable tool for
misinformation and manipulation in campaigns.
(5) Irrelevant, misleading, and vitriolic campaign
communications are prevalent.

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(6) Mudslinging can result in disgusted and frustrated
voters, diminished civic engagement, and decreased voter
turnout in elections.
(7) Honesty, transparency, civility, and substance are
values integral to an ethical campaign. Campaigns for
public office should adhere to principles of honesty,
fairness, responsibility and respect.
(8) Campaign communications should present only fair,
relevant, and truthful information to the voters for their
consideration.
(9) Because voters must decide for themselves what
they believe about a particular candidate, safeguards
should be put into place to improve the integrity and
accuracy of statements made during campaigns.
Section 10. The Election Code is amended by changing
Sections 29B-5, 29B-10, 29B-20, 29B-30, and 29B-35 and by
adding Sections 29-1.1, 29-1.2, 29-20.1, 29-20.2, and 29B-6 as
follows:
(10 ILCS 5/29-1.1 new)
Sec. 29-1.1. False or misleading statement to affect a
vote; violation.
(a) As used in this Section:
"Misleading statement" means a statement that is only
partially true or a statement that distorts a true statement.

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"Person" means any natural person, candidate, partnership,
committee, association, corporation, labor organization,
political party, or other organization or group of persons,
including a political action committee.
"Recklessly" means when a person acts in conscious
disregard of the truth or falsity of the statement made,
published, broadcast, or circulated.
(b) No person shall knowingly or recklessly make, publish,
broadcast, or circulate or cause to be made, published,
broadcast, or circulated in any letter, circular,
advertisement, poster, or other communication any false or
misleading statement designed to affect the vote on any public
question submitted to the electors at any election or relating
to any candidate for election to public office.
(c) A violation of this Section may be enjoined in a civil
action brought by a candidate against whom a prohibited
statement is made, a registered voter who signed a petition
for the initiation of a public question against which a
prohibited statement is made, a member of the board that
approved a resolution or ordinance initiating the public
question against which a prohibited statement is made, or, for
public questions initiated by the General Assembly, a member
of the General Assembly. Any violation of this Section shall
be proven by clear and convincing evidence.
(d) Any person who violates this Section commits a Class A
misdemeanor.

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(10 ILCS 5/29-1.2 new)
Sec. 29-1.2. Unlawful attempt to affect the outcome of a
campaign; violation.
(a) As used in this Section:
"Misleading statement" means a statement that is only
partially true or a statement that distorts a true statement.
"Person" means any natural person, candidate, partnership,
committee, association, corporation, labor organization,
political party, or other organization or group of persons,
including a political action committee.
"Voting record" means the recorded "yes", "no", or
"present" vote, or a record from abstaining from a vote, on a
bill, ordinance, resolution, motion, amendment, or
confirmation.
(b) No person shall knowingly and with intent to affect
the outcome of a campaign for political office do any of the
following:
(1) serve, or cause another person to serve, as an
agent or employee in the election campaign organization of
a candidate for the purpose of acting to impede the
conduct of the candidate's campaign for nomination or
election or for the purpose of reporting information about
the candidate without the knowledge of the candidate or
the candidate's organization; or
(2) promise, offer, or give any valuable thing or

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valuable benefit to any person who is employed by or is an
agent of a candidate or a candidate's election campaign
organization for the purpose of influencing the employee
or agent with respect to the improper discharge of the
employee's or agent's campaign duties or to obtain
information about the candidate or the candidate's
campaign organization.
(c) No person shall knowingly and with intent to affect a
outcome of a campaign for political office do any of the
following:
(1) make a false or misleading statement concerning
(i) the formal schooling or training completed or
attempted by a candidate; (ii) a degree, diploma,
certificate, scholarship, grant, award, prize, or honor
received, earned, or held by a candidate; or (iii) the
period of time during which a candidate attended any
school, college, community college, technical school, or
educational institution;
(2) make a false or misleading statement concerning
the professional, occupational, or vocational licenses
held by a candidate or concerning any position the
candidate held for which the candidate received a salary
or wages;
(3) make a false or misleading statement that a
candidate or public official has been indicted or
convicted of a theft offense, extortion, or other crime

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involving financial corruption or moral turpitude;
(4) make a false or misleading statement that a
candidate has been indicted for any crime or has been the
subject of a finding by the State Board of Elections
without disclosing the outcome of any legal proceedings
resulting from the indictment or finding;
(5) make a false or misleading statement that a
candidate or official has a record of treatment or
confinement for a mental disorder;
(6) make a false or misleading statement that a
candidate or official has been subjected to military
discipline for criminal misconduct or dishonorably
discharged from the armed services;
(7) falsely identify the source of a statement, issue
statements under the name of another person without
authorization, or falsely state the endorsement of or
opposition to a candidate by a person or publication;
(8) make a false or misleading statement concerning
the voting record of a candidate or public official; or
(9) post, publish, circulate, distribute, or otherwise
disseminate a false or misleading statement concerning a
candidate if the statement is designed to promote the
election, nomination, or defeat of the candidate if the
statement is designed to promote the election, nomination,
or defeat of the candidate.
(d) No person shall knowingly or recklessly make a false

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or misleading statement about a candidate's stance on an issue
to affect the outcome of a campaign for political office.
(e) A violation of this Section may be enjoined in a civil
action brought by a candidate against whom a prohibited
statement is made. Any violation of this Section shall be
proven by clear and convincing evidence.
(f) Any person who violates this Section commits a Class A
misdemeanor.
(10 ILCS 5/29-20.1 new)
Sec. 29-20.1. Misleading statement of incumbent status;
violation.
(a) As used in this Section, "person" means any natural
person, candidate, partnership, committee, association,
corporation, labor organization, political party, or other
organization or group of persons, including a political action
committee.
(b) No person shall, with an intent to mislead a voter in
connection with the person's campaign for nomination or
election to a public office or in connection with the campaign
of another person for nomination or election to a public
office, assume, pretend, or imply, by his or her statements,
conduct, or campaign materials, that he or she is the
incumbent of a public office when that is not true.
(c) A violation of this Section may be enjoined in a civil
action brought by a candidate affected by the prohibited

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statement of incumbency. Any violation of this Section shall
be proven by clear and convincing evidence.
(d) Any person who violates this Section commits a Class A
misdemeanor.
(10 ILCS 5/29-20.2 new)
Sec. 29-20.2. Libel and defamation in political
advertising; violation.
(a) As used in this Section:
"Libel per se or defamation per se" means a written or
verbal statement that tends to expose a living person to
hatred, contempt, ridicule, or obloquy, to deprive such a
person of the benefit of public confidence or social
intercourse, or to injure such a person in that person's
business or occupation.
"Person" means any natural person, candidate, partnership,
committee, association, corporation, labor organization,
political party, or other organization or group of persons,
including a political action committee.
(b) No person shall, with actual malice, publish or
sponsor the publication in any political advertising or
electioneering communication of a statement constituting libel
per se or defamation per se.
(c) A statement published or sponsored by a person against
himself or herself is not a violation of this Section.
(d) A violation of this Section may be enjoined in a civil

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action brought by a candidate affected by the prohibited
statement. Any violation of this Section shall be proven by
clear and convincing evidence.
(e) Any person who violates this Section commits a Class A
misdemeanor.
(10 ILCS 5/29B-5) (from Ch. 46, par. 29B-5; formerly Ch.
46, par. 1102)
Sec. 29B-5. Purpose. The Legislature hereby declares that
the purpose of this Article is to require encourage every
candidate for public office in this State to subscribe to the
Code of Fair Campaign Practices. It is the intent of the
Legislature that every candidate for public office in this
State who subscribes to the Code of Fair Campaign Practices
must will follow the basic principles of decency, honesty and
fair play in order to encourage healthy competition and open
discussion of issues and candidate qualifications and
discourage practices that cloud the issues or unfairly attack
opponents.
(Source: P.A. 86-873; 87-1052.)
(10 ILCS 5/29B-6 new)
Sec. 29B-6. Definitions. As used in this Article:
"Attack" means a statement or action that refers to
another person or the person's ideology through use of
intentionally unfriendly, bitter, or threatening words or

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actions.
"Misrepresent" means intentionally giving false or
misleading information.
"Scurrilous attack" means a statement or action making
scandalous claims against another person with intent to damage
that person's reputation.
"Whispering campaign" means regular circulation of a rumor
in order to damage another person's reputation.
(10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch.
46, par. 1103)
Sec. 29B-10. Code of Fair Campaign Practices. At the time
a political committee, as defined in Article 9, files its
statements of organization, the State Board of Elections, in
the case of a state political committee or a political
committee acting as both a state political committee and a
local political committee, or the county clerk, in the case of
a local political committee, shall give the political
committee a blank form of the Code of Fair Campaign Practices
and a copy of the provisions of this Article. The State Board
of Elections or county clerk shall inform each political
committee that subscription to the Code is mandatory
voluntary. The text of the Code shall read as follows:
CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair
play that every candidate for public office in the State of

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Illinois has a moral obligation to observe and uphold, in
order that, after vigorously contested but fairly conducted
campaigns, our citizens may exercise their constitutional
right to a free and untrammeled choice and the will of the
people may be fully and clearly expressed on the issues.
THEREFORE:
(1) I will conduct my campaign openly and publicly, and
limit attacks on my opponent to legitimate challenges to his
record.
(2) I will not use or permit the use of character
defamation, whispering campaigns, libel, slander, or
scurrilous attacks on any candidate or his personal or family
life.
(3) I will not use or permit any appeal to negative
prejudice based on race, sex, sexual orientation, religion or
national origin.
(4) I will not use campaign material of any sort that
misrepresents, distorts, or otherwise falsifies the facts, nor
will I use malicious or unfounded accusations that aim at
creating or exploiting doubts, without justification, as to
the personal integrity or patriotism of my opposition.
(5) I will not undertake or condone any dishonest or
unethical practice that tends to corrupt or undermine our
American system of free elections or that hampers or prevents
the full and free expression of the will of the voters.
(6) I will defend and uphold the right of every qualified

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American voter to full and equal participation in the
electoral process.
(7) I will immediately and publicly repudiate methods and
tactics that may come from others that I have pledged not to
use or condone. I shall take firm action against any
subordinate who violates any provision of this Code or the
laws governing elections.
I, the undersigned, candidate for election to public
office in the State of Illinois or chair of a political
committee in support of or opposition to a question of public
policy, hereby voluntarily endorse, subscribe to, and solemnly
pledge myself to conduct my campaign in accordance with the
above principles and practices.
I, the undersigned, furthermore understand and confirm
that I will be subject to the penalties described in Section
29B-35 for failure to sign and file this document in a timely
manner, and I understand that I may be subject to the penalties
listed in Article 29 for violating certain activities
prohibited by this Code.
.............. ...............................
Date Signature
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch.
46, par. 1105)

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Sec. 29B-20. Acceptance of completed forms; retentions for
public inspection.
(a) A candidate for public office or the chair of a
political committee in support of or opposition to a question
of public policy shall file a completed copy of the Code of
Fair Campaign Practices with both the State Board of Elections
and the county clerk in which the candidate or chair of a
political committee resides. The completed forms shall be
completed and filed not later than 2 weeks after the
submission of the candidate's nominating petition or not later
than 2 weeks after the chair has certified to the State Board
of Elections the chair's support or opposition to a question
of public policy under Section 28-13.
The State Board of Elections and the county clerks shall
accept, at all times prior to an election, all completed
copies of the Code of Fair Campaign Practices that are
properly subscribed to by a candidate or the chair of a
political committee in support of or opposition to a question
of public policy, and shall retain them for public inspection
until 30 days after the election.
(b) Not later than 2 days after the date upon which the
completed copy of the Code is required to be filed, the county
clerk shall notify those candidates or chairpersons who have
failed to file a completed copy of the Code and shall include
with the notice a copy of the Code required by this Article.
The notice shall be sent to the candidate or chairperson by

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certified mail, return receipt requested.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/29B-30) (from Ch. 46, par. 29B-30; formerly Ch.
46, par. 1107)
Sec. 29B-30. Support or opposition to a question of public
policy; campaign literature or advertising Subscription to
Code voluntary.
(a) The subscription by a candidate or the chair of a
political committee in support of or opposition to a question
of public policy is mandatory voluntary.
(b) A candidate, or the chair of a political committee,
who has filed a copy of the Code of Fair Campaign Practices may
so indicate on any campaign literature or advertising in a
form to be determined by the State Board of Elections.
(c) A candidate must include in all of the candidate's
campaign literature and advertising the following statement:
"I am a candidate for (specify office), and I support the
accuracy of this message.".
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/29B-35) (from Ch. 46, par. 29B-35; formerly Ch.
46, par. 1108)
Sec. 29B-35. Failure to comply.
(a) Any candidate or chairman of a political committee who
signs subscribes to the Code of Fair Campaign Practices and

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fails to comply with any provision of the Code shall not be
guilty of a criminal offense and nothing in this Article or any
other law shall be construed to impose any criminal penalty
for noncompliance with this Article.
(b) If a candidate fails to file a completed copy of the
Code with the county clerk within 5 days of receipt or refusal
of the notice required under Section 29B-20, then the
candidate's name may not appear on the ballot.
This subsection does not apply to any candidate of an
office where the Illinois Constitution prescribes the
qualifications for candidates to that office but does not give
the General Assembly the authority to modify or add to those
qualifications.
(c) Any person who has signed and filed the Code of
Campaign Practices and who violates the provisions of the Code
of Campaign Practices or subsection (c) of Section 29B-30
commits a Class A misdemeanor.
(d) A violation of this Article may be enjoined in a civil
action brought by another candidate for the public office that
was affected by the violation, a registered voter who signed a
petition for the initiation of the public question, a member
of the board that approved the resolution or ordinance
initiating the public question, or, if the public question was
initiated by the General Assembly, a member of the General
Assembly, as applicable. Any violation of this Article shall
be proven by clear and convincing evidence.

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(Source: P.A. 86-1435; 87-1052.)