2023 Illinois Compiled Statutes › Chapter 10 - ELECTIONS › 10 ILCS 5/ - Election Code. › Article 12A - Voters' Guides

(10 ILCS 5/Art. 12A heading)
ARTICLE 12A.
VOTERS' GUIDES
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/12A-2)
Sec. 12A-2. Definitions.  As used in this Article, unless the context
otherwise
requires:
"Board" means the State Board of Elections.
"Internet Guide" refers to information disseminated by the State Board of
Elections on a website, pursuant to Section 12A-5.
"Local election authority" means a county clerk or board of election
commissioners.
"Public question" or "question" means any question, proposition, or
referendum
submitted to the voters under Article 28 of this Code.
"Statewide candidate" means any candidate who runs for a statewide office,
including Governor, Lieutenant Governor, Attorney General, Secretary of State,
Treasurer, Comptroller, United States President, or United States Senator.
"Voters' guide" means any information disseminated by the State Board of
Elections pursuant to
Section 12A-5.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/12A-5)
Sec. 12A-5. Internet Guide. 
The Board shall publish, no later than the 45th day before a general election
in which a
statewide candidate appears on the ballot, an Internet website with the
following
information:
(1) The date and time of the general election.
(2) Requirements for a citizen to qualify as an     elector.
(3) The deadline for registering as an elector in the     State of Illinois for the next election.
(4) Contact information for local election     authorities.
(5) A description of the following offices, when they     appear on the ballot, including their term of office, basic duties, and base salary: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge. The Board shall not include information on any office other than the offices listed in this item (5).
(6) The names and party affiliations of qualified     candidates for the following offices, when these offices appear on the ballot: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge. The Board shall not include information on candidates for any office other than the offices listed in this item (6).
(7) Challenged candidates. Where a candidate's right     to appear on the general election ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear on the Internet 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 the candidate is removed from the ballot prior to election day, the Board shall remove the candidate's name and other information from the Internet Guide.
(8) Any personal statement and photograph submitted     by a candidate named in the Internet Guide, subject to Sections 12A-10 and 12A-35.
(9) A means by which an elector may determine what     type of balloting equipment is used by his or her local election authority, and the instructions for properly using that equipment.
(10) The text of any public question that may appear     on the ballot.
(11) A mechanism by which electors may determine in     which congressional and judicial districts they reside. The Internet Guide shall allow visitors to search for candidates by office (e.g., Governor or United States Senator) and candidate's name.
(12) Information concerning how to become an election     judge.
The Board shall archive the contents of the Internet Guide for a period of at
least 5
years.
In addition, the Board has the discretion to publish a voters' guide before a general primary election in the manner provided in this Article.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/12A-10)
Sec. 12A-10. Candidate statements and photographs in the Internet Guide.
(a) Any candidate whose name appears in the Internet Guide may submit a
written
statement and a photograph to appear in the Internet Guide, provided that:
(1) No personal statement may exceed a brief     biography (name, age, education, and current employment) and an additional 400 words.
(2) Personal statements may include contact     information for the candidate, including the address and phone number of the campaign headquarters, and the candidate's website.
(3) Personal statements may not mention a candidate's     opponents by name.
(4) No personal statement may include language that     may not be legally sent through the mail.
(5) The photograph shall be a conventional photograph     with a plain background and show only the face, or the head, neck, and shoulders, of the candidate.
(6) 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 Internet Guide that personal
statements were
submitted by the candidate or his or her designee and were 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) (Blank.)
(e) Anyone other than the candidate submitting a statement or photograph
from a
candidate must attest that he or she is doing so on behalf and at the direction
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 posting or
contained in
the Internet Guide. The persons writing, signing, or offering a statement for
inclusion in
the Internet Guide are deemed to be its authors and publishers, and the
Board shall not
be liable in any case or action relating to the content of any material
submitted by any
candidate.
(g) The Board may set reasonable deadlines for the submission of personal
statements and
photographs.
(h) The Board may set formats for the submission of statements and
photographs. The
Board may require that statements and photographs are submitted in an
electronic format.
(i) Fines
 collected pursuant to subsection
 (e) of this Section shall be deposited into the Voters' Guide Fund, a special fund created in the State treasury.  Moneys in the Voters' Guide Fund shall be appropriated solely to the State Board of Elections for use in the implementation and administration of this Article 12A.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
(10 ILCS 5/12A-15)
Sec. 12A-15. Language. The Board may translate all of the material it is
required to
provide for the Internet Guide into other languages as it deems necessary to
comply with
the federal Voting Rights Act or at its discretion. Visitors to the site shall
have the
option of viewing the Guide in all languages into which the Guide has been
translated.
Candidates may, at their option and expense, submit statements in languages
other than
English. The Board shall not be responsible for translating candidate
statements.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/12A-35)
Sec. 12A-35. Board's review of candidate photograph and statement;
procedure
for
revision.
(a) If a candidate files a photograph and statement
under item (8) of Section 12A-5 in a voters' guide, the Board shall review the
photograph and
statement to ensure that they comply with the requirements of Section 12A-10. 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 and may not include any determination relating
to the
accuracy or truthfulness of the substance or contents of the materials filed.
(b) The Board shall review each photograph and statement. 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-10, the Board
shall
attempt to contact the candidate. A candidate contacted by the Board under this Section
may
file a revised photograph or statement no later than the 5th
 business day
following notification
.
(c) If the Board is required to attempt to contact a candidate under
subsection (b) of this
Section, the Board shall attempt to contact the candidate by telephone or by
using an
electronic transmission facsimile machine, if such contact information is
provided by the
candidate.
(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-10, the Board may modify the photograph. The candidate shall pay the expense of any modification before publication of the photograph in the voters' guide. If the photograph cannot be modified to comply with Section 12A-10, the photograph shall not be printed in the guide.
(2) If a statement does not comply with Section     12A-10, the statement shall not be published in the voters' guide.
(e) If the photograph or statement of a candidate filed under item (8)
of Section
12A-5 does not comply with a requirement
of Section 12A-10 and the Board does not attempt to contact the
candidate by
the deadline
specified in subsection (b) of this Section, then, for purposes of this Section
only, the
photograph or statement shall be published as filed.
(f) A candidate revising a photograph or statement under this Section shall
make only
those revisions necessary to comply with Section 12A-10.
(g) The Board may by rule define the term "contact" as used in this
Section.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
(10 ILCS 5/12A-40)
Sec. 12A-40. Exemption from public records laws.
					
Notwithstanding any other
provision of law, materials filed by a candidate, political party, political
committee, or
other 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.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/12A-45)
Sec. 12A-45. Material submitted for inclusion in any voters' guide may not
be
admitted
as evidence in any suit or action against the Board to restrain or enjoin the
publication of
a voters' guide.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/12A-50)
Sec. 12A-50. Order of appearance within the guides. 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 guide or insert. All candidates for one office,
together with their
statements and photographs if any,
shall be listed before information on other offices and candidates is listed.
To the extent
possible, offices and candidates shall be listed in the same order in which
they appear
on the ballot.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/12A-55)
Sec. 12A-55. Constitutional issues.  If a constitutional amendment appears
on
the ballot,
the contents of the pamphlet issued by the Secretary of State under Section 2
of the Illinois Constitutional Amendment Act may be included in any guide
issued by the
Board.
(Source: P.A. 94-645, eff. 8-22-05.)