Bill Text: IL SB1330 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Election Code. Sets forth requirements for disclosure of certain donor information in campaign advertisements. Sets forth requirements for radio, telephonic, television, video, and mass mailing advertisements. Requires advertisements to disclose information concerning donors to the political committees. Requires political committees to create a disclosure website to list more donor information. Allows the State Board of Elections to adopt rules for other forms of advertisement. Sets forth requirements for updates of the information. Requires certain information to be filed with the Secretary of State.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1330 Detail]

Download: Illinois-2017-SB1330-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1330 Introduced 2/9/2017, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
10 ILCS 5/Art. 29D heading new
10 ILCS 5/29D-5 new
10 ILCS 5/29D-10 new
10 ILCS 5/29D-15 new
10 ILCS 5/29D-20 new
10 ILCS 5/29D-25 new
10 ILCS 5/29D-30 new
10 ILCS 5/29D-35 new
10 ILCS 5/29D-40 new
10 ILCS 5/29D-45 new
10 ILCS 5/29D-50 new
Amends the Election Code. Sets forth requirements for disclosure of certain donor information in campaign advertisements. Sets forth requirements for radio, telephonic, television, video, and mass mailing advertisements. Requires advertisements to disclose information concerning donors to the political committees. Requires political committees to create a disclosure website to list more donor information. Allows the State Board of Elections to adopt rules for other forms of advertisement. Sets forth requirements for updates of the information. Requires certain information to be filed with the Secretary of State.
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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 adding Article
29D as follows:
(10 ILCS 5/Art. 29D heading new)
ARTICLE 29D. CAMPAIGN ADVERTISEMENT DISCLOSURES
(10 ILCS 5/29D-5 new)
Sec. 29D-5. Definitions. As used in this Article:
"Advertisement" means a general or public advertisement
that is any of the following:
(1) Authorized and paid for by a person or committee
for the purpose of supporting or opposing a candidate for
elective office or a ballot measure or ballot measures.
(2) An electioneering communication.
(3) An issue advocacy advertisement.
"Advertisement" does not include a communication from an
organization other than a political party or minor political
party to its members, a campaign button smaller than 10 inches
in diameter, a bumper sticker smaller than 60 square inches, or
other advertisement as determined by regulations of the
Commission.

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"Cumulative contributions" means the cumulative amount of
contributions received by a political committee beginning 18
months prior to the date the political committee made its first
expenditure for a political advertisement or for the purpose of
qualifying, supporting, or opposing a candidate for elective
office or a ballot measure.
"Disclosure website" means a political committee's
Internet website for a specific campaign that discloses the top
identifiable contributors to that committee for that campaign.
"Disclosure threshold" means $10,000 in the case of a
campaign regarding a statewide ballot measure or a State
candidate or in the case of a statewide issue advocacy
advertisement, or $2,000 in the case of a campaign regarding a
local ballot measure or a local candidate or in the case of a
local issue advocacy advertisement.
"Electioneering communication" means a communication that
clearly identifies a candidate for elective state office, but
does not expressly advocate the election or defeat of the
candidate, and that is disseminated, broadcast, or otherwise
published within 45 days of an election.
"Identifiable contributor" means a person that is the
original source of contributions received by a political
committee that cumulatively meet or exceed the disclosure
threshold, notwithstanding the fact that the contributions
were transferred, in whole or in part, through one or more
other political committees or persons.

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"Issue advocacy advertisement" means an advertisement that
clearly refers to and reflects a view on the subject matter,
description, or name of a pending legislative action,
administrative action, or one or more ballot measures and does
any of the following:
(1) Can only be reasonably interpreted as an appeal for
the recipient of the advertisement to take action by
contacting an employee or elected official of the state
government or any local government or encouraging others to
contact those persons.
(2) Refers to a pending legislative action and is
disseminated, broadcast, or otherwise communicated within
60 days of the end of the legislative session.
(3) Refers to one or more ballot measures and is
disseminated, broadcast, or otherwise communicated within
120 days of the election concerning that measure or
measures.
"Political advertisement" means an advertisement, unless
it is paid for by a candidate political committee and is an
advertisement relating to the candidate's own election and not
for any other campaign.
(10 ILCS 5/29D-10 new)
Sec. 29D-10. Prohibitions. In addition to the other
requirements of this Article, a political committee placing an
advertisement or persons acting in concert with that political

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committee shall be prohibited from creating or using a
non-candidate political committee or another political
committee to avoid, or that results in the avoidance of, the
disclosure of any individual, industry, business entity, or
political committee as a major funding source.
(10 ILCS 5/29D-15 new)
Sec. 29D-15. Radio and telephonic advertisement
disclosures.
(a) A political advertisement that is a radio advertisement
or prerecorded telephonic message shall include a disclosure at
the end of the advertisement read in a clearly spoken manner
and in a pitch and tone substantially similar to the rest of
the advertisement that reads as follows: "Top funders of this
ad are [state names in descending order of identifiable
contributors who have made the 3 largest cumulative
contributions]. Paid for by [name of the political committee
that paid for the advertisement]."
(b) If there are fewer than 3 identifiable contributors,
the disclosure required by subdivision (a) shall be adjusted
accordingly to disclose the qualifying identifiable
contributors, if any.
(c) If there is only one identifiable contributor or the
advertisement lasts 15 seconds or less, the disclosure required
by subdivision (a) shall be adjusted to read as follows: "Top
funder of this ad is [state name of identifiable contributor

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who made the largest cumulative contributions]. Paid for by
[name of the political committee that paid for the
advertisement]."
(d) If there are no identifiable contributors or the
committee that paid for the advertisement is the only
identifiable contributor, it may replace the disclosure
required by subdivision (a) with the following: "Paid for by
[name of the committee that paid for the advertisement]."
(e) If the advertisement names each of the identifiable
contributors required to be named under subsections (a), (b),
or (c) of this Section and identifies the speaker as speaking
on behalf of them, it may replace the disclosure required by
subdivision (a) with the following: "Paid for by [name of the
committee that paid for the advertisement]."
(10 ILCS 5/29D-20 new)
Sec. 29D-20. Video and television advertisement
disclosures.
(a) A political advertisement that is a television or video
advertisement shall include a disclosure area with a solid
black background on the entire bottom one-third of the
television or video display screen at the beginning of the
advertisement for a minimum of 5 seconds in the case of an
advertisement that lasts 30 seconds or less or a minimum of 10
seconds in the case of an advertisement that lasts longer than
30 seconds. The disclosure area shall include all of the

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following:
(1) The text "Top Funders of This Ad." The text shall
be located at the top of the disclosure area and centered
horizontally, shall be yellow in color in Arial-equivalent
type, and the type size shall be at least 4% of the height
of the television or video display screen.
(2) Immediately below the text described in paragraph
(1) of this subsection (a), the names of the identifiable
contributors who have made the 3 largest cumulative
contributions. The identifiable contributors shall each be
disclosed on a separate horizontal line, in descending
order, beginning with the identifiable contributor who
made the largest cumulative contributions on the first
line. The name of each of the identifiable contributors
shall be centered horizontally. The text shall be white in
color in Arial Narrow-equivalent type and the type size
shall be at least 4% of the height of the television or
video display screen.
(3) The text "Funding Details At [insert Internet
website address of the disclosure website]." The text shall
be yellow in color in Arial Narrow-equivalent type and the
type size shall be equivalent to 2.5% of the height of the
television or video display screen. The text shall be
left-aligned and located in a position that is 2.5% of the
height of the television or video display screen away from
the bottom left of the television or video display screen.

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(4) The text "Paid for by [name of the political
committee that paid for the advertisement]." The text shall
be yellow in color in Arial Narrow-equivalent type and the
type size shall be equivalent to 2.5% of the height of the
television or video display screen. The text shall be
right-aligned and located in a position that is vertically
2.5% of the height of the television or video display
screen away from the bottom right of the television or
video display screen.
(5) If there are fewer than 3 identifiable
contributors, the disclosure required by this Section
shall be adjusted accordingly to disclose only those that
qualify as identifiable contributors, if any. If the
political committee does not have any identifiable
contributors, the disclosure shall be adjusted to include
the name of the political committee in place of the names
of identifiable contributors.
(b) The disclosures described in subsection (a) of this
Section shall not be required if the committee paying for the
political advertisement does not have cumulative contributions
that meet or exceed the disclosure threshold.
(10 ILCS 5/29D-25 new)
Sec. 29D-25. Mass mailing disclosures.
(a) A political advertisement that is a mass mailing or a
print advertisement and that is 12 square inches or more in

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size shall include a disclosure area on the largest page of the
mass mailing or print advertisement that satisfies all of the
following:
(1) The disclosure area shall have a solid white
background so as to be easily legible, and shall be in a
printed or drawn box on the bottom of the page that is set
apart from any other printed matter. All text in the
disclosure area shall be black in color.
(2) The text "Top Funders of This Ad" shall be located
at the top of the disclosure area and centered horizontally
in the disclosure area. The text shall be in an
Arial-equivalent type with a type size of at least 12-point
for advertisements smaller than 93 square inches and at
least 14-point for advertisements that are equal to, or
larger than, 93 square inches.
(3) Immediately below the text described in paragraph
(2) of this subsection (a) shall be the names of the
identifiable contributors who have made the 3 largest
cumulative contributions. The identifiable contributors
shall each be disclosed on a separate horizontal line, in
descending order, beginning with the identifiable
contributor who made the largest cumulative contributions
on the first line. The name of each of the identifiable
contributors shall be centered horizontally in the
disclosure area. The text shall identify each identifiable
contributor in an Arial Narrow-equivalent type with a type

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size of at least 10-point for advertisements smaller than
93 square inches and at least 12-point for advertisements
that are equal to, or larger than, 93 square inches.
(A) If the advertisement is 4 inches tall or less,
it need only show the names of the identifiable
contributors who have made the two largest cumulative
contributions.
(B) If the advertisement is 3 inches tall or less,
it need only show the name of the identifiable
contributor who made the largest cumulative
contribution, and the text required by paragraph (2) of
this subsection (a) may say "Top Funder of This Ad."
(4) Immediately below the text described in paragraph
(3) of this subsection (a), the text "Funding Details At
[insert Internet website address of the disclosure
website]." The text shall be in an Arial Narrow-equivalent
type with at least 10-point type size for advertisements
smaller than 93 square inches and at least 12-point font
type size for advertisements that are equal to, or larger
than, 93 square inches. This text shall not be required if
the advertisement is 5 inches tall or less.
(5) The text "Paid for by [name of the political
committee that paid for the advertisement]." The text shall
be located at the bottom of the disclosure area and shall
be in an Arial Narrow-equivalent type with at least 8-point
type size for pages smaller than 8.5 inches and at least

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10-point type size for pages that are equal to, or larger
than, 8.5 inches by 11 inches.
(6) If there are fewer than 3 identifiable
contributors, the disclosure shall be adjusted accordingly
to disclose the qualifying identifiable contributors, if
any. If the political committee does not have any
identifiable contributors, the disclosure shall be
adjusted to include the name of the political committee in
place of the names of identifiable contributors.
(b) The disclosures described in subsection (a) of this
Section shall not be required if the political committee paying
for the political advertisement does not have cumulative
contributions that meet or exceed the disclosure threshold.
(10 ILCS 5/29D-30 new)
Sec. 29D-30. Disclosure website. A political committee
that has paid for political advertisements and that has
received cumulative contributions that meet or exceed the
disclosure threshold shall establish and maintain a disclosure
Internet website. If the committee has an Internet website,
that Internet website may also serve as the disclosure website.
The homepage of the disclosure website and any landing pages
that visitors are directed to on the disclosure website and any
other Internet websites maintained by the political committee
shall include a disclosure area that satisfies all of the
following:

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(1) The disclosure area shall be at least 250 pixels
wide and visible upon landing on the website's homepage.
The disclosure area shall have a white background and a
border that is dark in color.
(2) The disclosure area shall include the text "Top
Funders of This Committee" located at the top of the
disclosure area and centered horizontally in the
disclosure area. The text shall be black in color in an
Arial-equivalent type and shall be at least 10-point type
size.
(3) Immediately below the text described in paragraph
(2) of this Section, the disclosure area shall include a
list of the identifiable contributors who have made the 10
largest cumulative contributions to the committee. Each
identifiable contributor shall be disclosed on a separate
horizontal line, in descending order, beginning with the
identifiable contributor who made the largest cumulative
contributions on the first line. The text shall be black in
color in an Arial Narrow-equivalent type and shall be at
least 9-point type size.
(4) The disclosure area shall include a hyperlink to
another page on the disclosure website that lists all of
the committee's identifiable contributors. The hyperlink
shall be labeled "More funding info" and shall be a
standard hyperlink centered at the bottom of the disclosure
area that is displayed as blue underlined text in

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Arial-equivalent type in at least 9-point type size.
The hyperlinked page on the disclosure website shall
have a title that reads "Large Funders of this Committee."
The linked page shall disclose each identifiable
contributor of the committee on a separate horizontal line,
in descending order, beginning with the identifiable
contributor that had the largest cumulative contribution
on the first line. Each line shall show the name of the
identifiable contributor and the amount of its cumulative
contributions, current within 3 business days. These
disclosures shall be clear and shall be the only content on
the page other than the disclosure website's standard
navigation features.
(5) If there are fewer than 10 identifiable
contributors, the disclosure area shall be adjusted
accordingly to disclose the qualifying identifiable
contributors, if any. If the committee does not have any
identifiable contributors, the disclosure area shall be
adjusted to include the name of the committee in place of
the names of identifiable contributors.
(6) Every page of an website maintained by a political
committee that has paid for political advertisements and
that has cumulative contributions that meet or exceed the
disclosure threshold shall include the statement "Paid for
by [name of the political committee that paid for the
advertisement]" and any other identifying information

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specified by the State Board of Elections. The text shall
have a solid white background so as to be easily legible,
and shall be in a printed or drawn box on the bottom of the
page that is set apart from any other printed matter. The
text shall be black in color in an Arial Narrow-equivalent
type and shall be at least 8-point type size.
(10 ILCS 5/29D-35 new)
Sec. 29D-35. Rules.
(a) The Commission may adopt rules to require disclosures
on all forms of political advertisements not covered by this
Article, including, but not limited to, electronic media
advertisements and billboards. If feasible, the rules shall
require the listing of the name of the committee and as many of
the 3 identifiable contributors that made the largest
cumulative contributions as possible in a conspicuous manner.
This disclosure area shall occupy no more than 10% of the
advertisement. If the advertisement medium allows, the
disclosure area shall contain a hyperlink to the disclosure
website.
(b) The Commission shall adopt rules to require disclosure
of the name of the committee, if feasible, on all
advertisements that are paid for by a candidate political
committee and that are advertisements relating to the
candidate's own election and not for any other campaign.

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(10 ILCS 5/29D-40 new)
Sec. 29D-40. Unnecessary disclosures.
(a) The disclosure of the name of an identifiable
contributor required by this Article need not include such
legal terms as "incorporated", "committee", "political action
committee", or "corporation", or their abbreviations, unless
the term is part of the contributor's name in common usage or
parlance. This Section does not prevent a contributor from
being disclosed by a name used in common usage or parlance,
including, but not limited to, an abbreviation or acronym.
(b) If this Article requires the disclosure of the name of
an identifiable contributor that is a sponsored committee, only
the name of the committee's sponsoring organization shall be
disclosed.
(c) For a disclosure made pursuant to Sections 29D-15,
29D-20, 29D-25, or 29D-30, the committee name listed need not
include its economic or other special interests, nor the names
of any major donors.
(10 ILCS 5/29D-45 new)
Sec. 29D-45. Updates. If the order of the identifiable
contributors required to be displayed in an advertisement
pursuant to this Article changes, the disclosure in the
advertisement shall be updated as follows:
(1) A television, radio, or other electronic media
political advertisement shall be updated to reflect the new

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ordering of identifiable contributors within 7 business
days, or 5 business days if the change in the order of
identifiable contributors occurs within 30 days of an
election.
(2) A print media advertisement, including
non-electronic billboards, shall be updated to reflect the
new ordering of identifiable contributors prior to placing
a new or modified order for additional printing of the
advertisement.
(10 ILCS 5/29D-50 new)
Sec. 29D-50. Required filings.
(a) A person who makes a payment or a promise of payment
totaling $10,000 or more for a communication that clearly
identifies a candidate for elective office, but does not
expressly advocate the election or defeat of the candidate, and
that is disseminated, broadcast, or otherwise published during
the period beginning 120 days before the primary or special
election and ending on the date of the general or runoff
election, shall file online or electronically with the
Secretary of State a report disclosing the name of the person,
address, occupation, and employer, and amount of the payment.
The report shall be filed within 48 hours of making the payment
or the promise to make the payment.
(b) Except as provided in subsection (c) of this Section,
if a person has received a payment or a promise of a payment

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from other persons totaling $5,000 or more for the purpose of
making a communication described in subsection (a) of this
Section, the person receiving the payments shall disclose on
the report the name, address, occupation and employer, and date
and amount received from the person.
(c) A person who receives or is promised a payment that is
otherwise reportable under subsection (b) is not required to
report the payment if the person is in the business of
providing goods or services and receives or is promised the
payment for the purpose of providing those goods or services.
(d) A payment received by a person who makes a
communication described in subsection (a) is subject to the
limits specified in Article 9 of this Code if the communication
is made at the behest of the clearly identified candidate.