SB 187 — ELECTION CD-VOTER'S GUIDE

United States President, United States Senator, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, and Illinois Supreme Court Justice.

(8) Challenged candidates.

Where a candidate’s right to appear on the ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear in the Statewide Guide, subject to the other provisions of Section 12A-10.

In this instance, the Board may note that the candidate’s candidacy has been challenged and that he or she may be removed from the ballot prior to election day.

If a challenged candidate is removed from the ballot prior to the publication date of the Statewide Guide, the Board shall SB0187 - 7 - LRB094 06368 JAM 36449 b remove that candidate from the Statewide Guide and shall refund any fees paid by that candidate to include statements or photographs in the Statewide Guide.

(9) Any personal statement and photograph submitted by a candidate listed in the Statewide Guide, subject to Sections 12A-25 and 12A-35.

(10) A description of the different types of balloting equipment used in Illinois and instructions for using that equipment.

(11) The text of any public question that may appear on the ballot.

(12) A voter registration form.

(13) Reference to the website address of the Internet Guide.

(10 ILCS 5/12A-25 new) Sec.

12A-25.

Candidate statements and photographs in the Statewide Guide.

(a) Any candidate whose name appears in the Statewide Guide may submit a written statement and a photograph to appear in the Statewide Guide, provided that:

(1) No candidate statement or photograph may appear in the Statewide Guide if the candidate declines to submit a statement or photograph to the Internet Guide or if he or she seek a refund of the fee for the Internet Guide.

(2) No personal statement may exceed 400 words.

(3) Personal statements may include contact information for the candidate, including the address and phone number of the campaign headquarters, and the candidate’s website.

(4) Personal statements may not mention a candidate’s opponents by name.

(5) No personal statement may include language that may not be legally sent through the mail.

(6) The photograph shall be a conventional photograph with a plain background and shall show only the face, or SB0187 - 8 - LRB094 06368 JAM 36449 b the head, neck, and shoulders, of the candidate.

(7) The photograph shall not (i) show the candidate’s hands, anything in the candidate’s hands, or the candidate wearing a judicial robe, a hat, or a military, police, or fraternal uniform or (ii) include the uniform or insignia of any organization.

(b) The Board must note in the text of the Statewide Guide the name of the person or organization that submitted the personal statements and photographs and that the statement was not edited by the Board.

(c) Where a candidate declines to submit a statement, the Board may note that the candidate declined to submit a statement.

(d) The candidate or his or her designee must pay $300 for inclusion of his or her personal statement and photograph.

The Board shall not include photographs or statements from candidates who do not pay the fee.

The Board may adopt rules for refunding that fee at the candidate’s request, provided that the Board may not include a statement or photograph from a candidate who has requested a refund of a fee.

(e) Anyone submitting a statement or photograph from a candidate must attest that he or she is doing so on behalf of the candidate.

The Board may assess a civil fine of no more than $1,000 against a person or entity who falsely submits a statement or photograph not authorized by the candidate.

(f) Nothing in this Article makes the author of any statement exempt from any civil or criminal action because of any defamatory statements offered for publication or contained in the Statewide Guide.

The persons writing, signing, or offering a statement for inclusion in the Statewide Guide are deemed to be its authors and publishers.

(g) The Board may set deadlines for the submission of personal statements and photographs, provided that the deadline is not less than 5 business days after the filing deadline for new party petitions.

(h) The Board may set reasonable formats for the submission SB0187 - 9 - LRB094 06368 JAM 36449 b of statements and photographs.

The Board may require that statements and photographs are submitted in an electronic format.

(10 ILCS 5/12A-30 new) Sec.

12A-30.

Local inserts.

(a) Notwithstanding any other law to the contrary, if the Board chooses to issue a Statewide Guide, the Board may also choose to enter into intergovernmental agreements with local election authorities, to include a local insert with the copies of the Statewide Guide mailed to addresses within the jurisdiction of the local election authority.

(b) Local inserts qualifying for inclusion with the Statewide Guide must include the following information:

(1) The names and party affiliations of qualified candidates for United States Representative, Illinois Appellate Court Judge, State Senator, and State Representative.

(2) Other offices on the ballot, at the discretion of the local election authority.

(3) Personal statements of candidates named in the Guide, submitted in accordance with subsection (c).

(4) The location of polling places.

This list may indicate which polling places are handicapped accessible.

(5) The rights of handicapped voters in non-accessible polling places.

(6) A change of address form, for electors who have moved within the boundaries of the jurisdiction of the local election authority.

(7) A judge of elections application.

(8) How an elector can qualify for and obtain an absentee ballot.

(9) A description of the type of balloting equipment used by the local election authority and the instructions for using that equipment.

(10) Other information at the Board’s discretion.

SB0187 - 10 - LRB094 06368 JAM 36449 b (c) The Board may set standards for including candidate statements and photographs, provided that:

(1) The standards are substantially similar to the standards for inclusion in the Statewide Guide.

(2) No candidate may appear in a local insert if he or she declines to submit a statement to the Internet Guide or if he or she seeks a refund of the fee for the Internet Guide.

(3) The fee for submitting a personal statement and photograph for the local insert is $100.

The fee must be paid to the Board, and the Board must credit that proportion of the candidate’s fee equal to the proportion of the candidate’s district that lies within the jurisdiction of the local election authority against any fees due to the Board from the local election authority.

(d) The Board may allow a local election authority to submit different inserts for different portions of its jurisdiction, provided that:

(1) Every part of the jurisdiction receives information about the same offices on the ballot.

(2) The division follows a rational basis related to the work of the local election authority, such as dividing the jurisdiction along congressional district lines.

(3) The division serves to reduce the size of the insert and to tailor the information included to the individual ballots of voters in different parts of the jurisdiction.

(d) The Board may specify the style, format, and design of the local insert to ensure uniformity with the Statewide Guide.

(e) The Board may charge local election authorities who agree to submit local inserts the following fees:

(1) The incremental postage cost of mailing the additional pages associated with the local insert.

(2) The cost of printing the local insert.

The Board may, at its discretion, allow local election authorities to print their own inserts.

If the Board chooses to SB0187 - 11 - LRB094 06368 JAM 36449 b allow local election authorities to print their own inserts, the Board may charge the local election authority the cost of collating the insert with the Statewide Guide.

Inserts printed by local election authorities must comply with all rules set for inserts printed by the Board.

(a) If a candidate files a photograph and statement under item (8) of Section 12A-5 or item (9) of subsection (d) of Section 12A-20 for inclusion in a voters’ guide, the Board shall review the photograph and statement to ensure that they comply with the requirements of Section 12A-1012A-10. or Section 12A-25, as applicable.

Review by the Board under this Section shall be limited to determining whether the photograph and statement comply with the requirements of Section 12A-10 or Section 12A-25 and may not include any determination relating to the accuracy or truthfulness of the substance or contents of the materials filed.

If the Board determines that the photograph or statement of a candidate must be revised in order to comply with the requirements of Section 12A-1012A-10, or Section 12A-25, as applicable, the Board shall attempt to contact the candidate not later than the 5th day after the deadline for filing a photograph and statement.

A candidate contacted by the Board under this SB0187 Engrossed - 6 - LRB094 06368 JAM 36449 b Section may file a revised photograph or statement no later than the 7th business day following the deadline for filing a photograph and statement.

SB0187 - 12 - LRB094 06368 JAM 36449 b (d) If the Board is unable to contact a candidate, if the candidate does not file a revised photograph or statement, or if the revised filing under subsection (b) again fails to meet the standards of review set by the Board:

(1) If a photograph does not comply with Section 12A-1012A-10, or Section 12A-25, as applicable, the Board may modify the photograph.

If the photograph cannot be modified to comply with Section 12A-1012A-10, or 12A-25, as applicable, the photograph shall not be printed in the guide.

(2) If a statement does not comply with Section 12A-1012A-10, or Section 12A-25, as applicable, the statement shall not be printedincluded in the guide.

(e) If the photograph or statement of a candidate filed under item (8) of Section 12A-5 or item (9) of subsection (d) of Section 12A-20 does not comply with a requirement of Section 12A-10 or Section 12A-25, as applicable, and the Board does not attempt to contact the candidate by the deadline specified in subsection (b) of this Section, for purposes of this Section only the photograph or statement shall be printedincluded as filed.

(f) A candidate revising a photograph or statement under this Section shall make only those revisions necessary to comply with Section 12A-1012A-10. or Section 12A-25, as applicable.

Notwithstanding any other provision of law, materials filed by a candidate, political party, political committee, or other SB0187 Engrossed - 7 - LRB094 06368 JAM 36449 b person for inclusion in a voters’ guide are exempt from public inspection until the 4th business day after the final date for filing the materials.

(10 ILCS 5/12A-45 new) SB0187 - 13 - LRB094 06368 JAM 36449 b Sec.

For all guides disseminated by the Board, all information about offices and candidates on the ballot shall be listed together in the same part of the guideguide. or insert.