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Full Text of SB2996
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SB2996 - 104th General Assembly
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Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2996
Introduced 1/27/2026, by Sen. Mary Edly-Allen
SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-9.6 new
Amends the Election Code. Provides that, if a person, committee, or
other entity creates, originally publishes, or originally distributes a
qualified political advertisement, the qualified political advertisement
shall include, in a clear and conspicuous manner, a statement that the
qualified political advertisement was generated in whole or substantially
by artificial intelligence. Provides for exemptions from the requirement
and for civil penalties, injunctive relief, attorney's fees, and costs for
violations.
LRB104 20019 SPS 33470 b
A BILL FOR
SB2996
LRB104 20019 SPS 33470 b
1
AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5.
The Election Code is amended by adding Section
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9-9.6 as follows:
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(10 ILCS 5/9-9.6 new)
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Sec. 9-9.6.
Disclosure of political communications
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generated by artificial intelligence.
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(a) As used in this Section:
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"Artificial intelligence" means a machine-based system
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that can, for a given set of human-defined objectives, make
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predictions, recommendations, or decisions influencing real or
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virtual environments and that uses machine and human-based
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inputs to do all of the following:
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(1) perceive real and virtual environments;
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(2) abstract such perceptions into models through
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analysis in an automated manner; and
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(3) use model inference to formulate options for
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information or action.
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"Distribution platform" includes, but is not limited to, a
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website or a regularly published newspaper, magazine, or other
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periodical of general circulation, including an Internet
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publication or electronic publication, that routinely carries
SB2996
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LRB104 20019 SPS 33470 b
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news and commentary of general interest.
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"Qualified political advertisement" means any paid
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advertisement, including, but not limited to, search engine
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marketing, display advertisements, video advertisements,
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native advertisements, issue advertisements, messaging service
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advertisements, mobile application advertisements, and
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sponsorships, relating to a candidate for federal, State, or
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local office in this State, any election to federal, State, or
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local office in this State, or a ballot question that contains
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any image, audio, or video that is generated in whole or
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substantially with the use of artificial intelligence.
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(b) If a person, committee, or other entity creates,
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originally publishes, or originally distributes a qualified
14
political advertisement, the qualified political advertisement
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shall include, in a clear and conspicuous manner, a statement
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that the qualified political advertisement was generated in
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whole or substantially by artificial intelligence as follows:
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(1) if the qualified political advertisement is a
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graphic communication, the statement shall appear in
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letters at least as large as the majority of the text in
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the graphic communication and be in the same language as
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the language used in the graphic communication;
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(2) if the qualified political advertisement is an
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audio communication, the statement shall be spoken in a
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clearly audible and intelligible manner at the beginning
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or end of the communication, last at least 3 seconds, and
SB2996
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LRB104 20019 SPS 33470 b
1
be in the same language as the language used in the audio
2
communication; and
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(3) if the qualified political advertisement is a
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video communication that also includes audio, that
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statement shall:
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(A) appear for at least 4 seconds in letters at
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least as large as the majority of any text
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communication, or if there is no other text
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communication, in a size that is easily readable by
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the average viewer;
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(B) be spoken in a clearly audible and
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intelligible manner at the beginning or end of the
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communication and last at least 3 seconds; and
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(C) be in the same language as the language used in
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the video communication.
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(c) A person who violates subsection (b) is subject to the
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following:
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(1) for a first violation, the Board may impose on the
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person a civil penalty of not more than $250; and
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(2) for a second or subsequent violation, the Board
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may impose on the person a civil penalty of not more than
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$1,000 for each violation.
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Each qualified political advertisement that is distributed
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or aired to the public that violates this Section is a separate
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violation.
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(d) This Section does not apply to any of the following:
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(1) a radio or television broadcasting station,
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including a cable or satellite television operator,
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programmer, or producer that broadcasts a qualified
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political advertisement or a communication generated in
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whole or substantially by artificial intelligence as part
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of a bona fide newscast, news interview, news documentary,
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or on-the-spot coverage of bona fide news events, if the
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broadcast clearly acknowledges through content or a
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disclosure, in a manner that can be easily heard or read by
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the average listener or viewer, that the qualified
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political advertisement or communication generated in
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whole or substantially by artificial intelligence does not
13
accurately represent the speech or conduct of the depicted
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individual;
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(2) a radio or television broadcasting station,
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including a cable or satellite television operator,
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programmer, or producer, when the station is paid to
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broadcast qualified political advertisements;
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(3) a distribution platform that publishes qualified
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political advertisements prohibited under this Section, if
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the distribution platform has a clearly stated written
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policy, provided to any person, committee, or other entity
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that creates, seeks to publish, or originally distributes
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a qualified political advertisement, that the qualified
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political advertisement shall include a statement
26
consistent with subsection (b);
SB2996
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LRB104 20019 SPS 33470 b
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(4) a qualified political advertisement that
2
constitutes satire or parody; and
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(5) a business or its affiliate if the business or its
4
affiliate is regulated by the Federal Communications
5
Commission.
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(e) A distribution platform is not liable under this
7
Section if the distribution platform can show that it provided
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notice to the distributor of a qualified political
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advertisement of the distribution platform's prohibitions
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concerning the failure to disclose content created in whole or
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substantially by artificial intelligence in a qualified
12
political advertisement or prerecorded telephone message.
13
(f) If a person, committee, or other entity violates
14
subsection (b) by creating, publishing, or disclosing a
15
qualified political advertisement that features another
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candidate and that does not include the statement required
17
under subsection (b), then the featured candidate may petition
18
the circuit court for injunctive relief to prohibit
19
publication or disclosure of the qualified political
20
advertisement. A featured candidate that prevails in circuit
21
court under this subsection (f) may recover reasonable
22
attorney's fees and costs.
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