Bill Text: IL HB3735 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Election Code. Requires a political committee to include in specified communications a list of the top committee contributors of $50,000 or more, beginning with the largest contributor, and a statement that the communication was not authorized by a candidate or a committee controlled by a candidate, if applicable. Provides how the contribution information and statement must be displayed or disclosed in political advertisements depending on the medium.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-09 - Rule 19(b) / Motion Referred to Rules Committee [HB3735 Detail]

Download: Illinois-2021-HB3735-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3735 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-9.5
10 ILCS 5/9-10.5 new
Amends the Election Code. Requires a political committee to include in specified communications a list of the top committee contributors of $50,000 or more, beginning with the largest contributor, and a statement that the communication was not authorized by a candidate or a committee controlled by a candidate, if applicable. Provides how the contribution information and statement must be displayed or disclosed in political advertisements depending on the medium.
LRB102 14496 SMS 19849 b
A BILL FOR
HB3735 LRB102 14496 SMS 19849 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
Section 9-9.5 and by adding Section 9-10.5 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. The communication shall also include: (1) a list
of the top committee contributors of $50,000 or more,
beginning with the largest contributor; and (2) a statement
that the communication was not authorized by a candidate or a
committee controlled by a candidate, if applicable. This
subsection does not apply to items that are too small to
contain the required disclosure. This subsection does not

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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 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

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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. The communication shall also include a list of
the top committee contributors of $50,000 or more, beginning
with the largest contributor. 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 5/9-10.5 new)
Sec. 9-10.5. Disclosure requirements.
(a) For radio advertisements, telephone calls, and
audio-only electronic media advertisements that must disclose
information pursuant to Section 9-9.5, the communication must
be spoken clearly for at least 3 seconds at the beginning or
end of the advertisement or call, in a pitch and tone
substantially similar to the rest of the advertisement. Radio
and prerecorded telephone advertisements must disclose only

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the top 2 contributors of $50,000 or more unless the
advertisement lasts 15 seconds or less or the disclosure
statement would last more than 8 seconds, in which case only
the single top contributor must be disclosed.
(b) For television and video advertisements that must
disclose information pursuant to Section 9-9.5, including
advertisements disseminated over the Internet, the
communication text must be centered horizontally in the
disclosure area, in a contrasting color, in Arial equivalent
type and, if there are top contributors, underlined except as
otherwise provided in this subsection (b). The size for the
smallest letters must be 4% of the height of the display screen
and must be displayed at the beginning or end of the
advertisement for at least 5 seconds of a broadcast of 30
seconds or less or for at least 10 seconds of a broadcast
longer than 30 seconds. If a video is distributed as an
electronic media advertisement and is longer than 30 seconds,
the disclosures must be displayed at the beginning of the
advertisement. If the television or video advertisement is
shorter than the required disclosure display time, the
disclosure may be displayed for the length of the
advertisement. If the television or video advertisement is
shorter than the required disclosure display time, the
disclosure may be displayed for the length of the
advertisement. Disclosures must appear on a solid black
background on the entire bottom one-third of the display

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screen, or bottom one-fourth of the display screen if no top
contributors require disclosure. Each top contributor must be
disclosed on a separate horizontal line separate from other
text, may not be underlined, and may not be condensed or have
the spacing between characters reduced to be narrower than a
normal non-condensed Arial equivalent type, unless doing so is
necessary to keep the name of a contributor from exceeding the
width of the screen.
(c) For electronic media advertisements that are a
graphic, image, animated graphic, or animated image that an
online platform hosting the advertisement allows to link to an
Internet website that must disclose information pursuant to
Section 9-9.5, the communication must link to a website
containing the required disclosures in a contrasting color and
in no less than 8-point font. If including the text in 8-point
font would take up more than one-third of the graphic or image,
the text is not required and the advertisement need only
include a hyperlink to a website containing the website
disclosures. A website that is hyperlinked to the
advertisement shall remain online and available to the public
until 30 days after the date of the election for which the
advertisement was intended.
(d) For all other electronic media advertisements that
must disclose information pursuant to Section 9-9.5, the
communication must display the required disclosures in a
contrasting color that is easily readable by the average

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viewer and in no less than 10-point font on the cover or header
photo of the committee's profile, landing page, or similar
location; disclosures are not required on each individual post
or comment. The required disclosures, if practicable, must be
visible on the cover or header photo when the profile, landing
page, or similar location is viewed from any electronic device
that is commonly used to view this form of electronic media,
including, but not limited to, a computer screen, laptop,
tablet, and smart phone.