WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) As used in this Section: "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to do all of the following: (1) perceive real and virtual environments; (2) abstract such perceptions into models through analysis in an automated manner; and (3) use model inference to formulate options for information or action.10 ILCS 5/9-9.6(a)" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to do all of the following: (1) perceive real and virtual environments; (2) abstract such perceptions into models through analysis in an automated manner; and (3) use model inference to formulate options for information or action. "Distribution platformDistribution platform"Distribution platform" includes, but is not limited to, a website or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet publication or electronic publication, that routinely carries news and commentary of general interest.10 ILCS 5/9-9.6(a)" includes, but is not limited to, a website or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet publication or electronic publication, that routinely carries news and commentary of general interest. "Qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a)" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to do all of the following: (1) perceive real and virtual environments; (2) abstract such perceptions into models through analysis in an automated manner; and (3) use model inference to formulate options for information or action.10 ILCS 5/9-9.6(a).
Subsection (a) establishes the three defined terms that frame the bill's scope: artificial intelligence, distribution platform, and qualified political advertisement. The AI definition follows the perception-abstraction-inference framework common to several state AI bills. The qualified political advertisement definition is notably broad, covering any paid advertisement relating to a candidate, election, or ballot question that contains AI-generated image, audio, or video — it is not limited to deepfakes or synthetic depictions of candidates.
(b) 1 If a person, committee, or other entity creates, originally publishes, or originally distributes a qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a), the qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) shall include, in a clear and conspicuous manner, a statement that the qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) was generated in whole or substantially by artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to do all of the following: (1) perceive real and virtual environments; (2) abstract such perceptions into models through analysis in an automated manner; and (3) use model inference to formulate options for information or action.10 ILCS 5/9-9.6(a) as follows: (1) if the qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) is a graphic communication, the statement shall appear in letters at least as large as the majority of the text in the graphic communication and be in the same language as the language used in the graphic communication; (2) if the qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) is an audio communication, the statement shall be spoken in a clearly audible and intelligible manner at the beginning or end of the communication, last at least 3 seconds, and be in the same language as the language used in the audio communication; and (3) if the qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) is a video communication that also includes audio, that statement shall: (A) appear for at least 4 seconds in letters at least as large as the majority of any text communication, or if there is no other text communication, in a size that is easily readable by the average viewer; (B) be spoken in a clearly audible and intelligible manner at the beginning or end of the communication and last at least 3 seconds; and (C) be in the same language as the language used in the video communication.
Subsection (b) imposes the bill's core obligation: any person, committee, or other entity that creates, originally publishes, or originally distributes a qualified political advertisement must include a clear and conspicuous statement that the advertisement was generated in whole or substantially by artificial intelligence. The disclosure must meet format-specific requirements — minimum text size and language matching for graphic communications, audible spoken statements of at least 3 seconds for audio, and combined visual (4 seconds) and audio (3 seconds) disclosures for video with audio. The obligation runs to the creator, original publisher, or original distributor — not to downstream re-distributors or platforms paid to carry the ad, which are addressed in the exceptions under subsection (d).
(c) A person who violates subsection (b) is subject to the following: (1) for a first violation, the Board may impose on the person a civil penalty of not more than $250; and (2) for a second or subsequent violation, the Board may impose on the person a civil penalty of not more than $1,000 for each violation. Each qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) that is distributed or aired to the public that violates this Section is a separate violation.
Subsection (c) establishes a tiered civil penalty structure enforced by the Board of Elections. A first violation subjects the person to a civil penalty of up to $250; second or subsequent violations carry a penalty of up to $1,000 per violation. Each individual qualified political advertisement distributed or aired in violation constitutes a separate violation, creating a per-ad multiplier. The Board has discretion on penalty amounts up to the statutory cap. No private right of action or injunctive relief is specified.
(d) This Section does not apply to any of the following: (1) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer that broadcasts a qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) or a communication generated in whole or substantially by artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to do all of the following: (1) perceive real and virtual environments; (2) abstract such perceptions into models through analysis in an automated manner; and (3) use model inference to formulate options for information or action.10 ILCS 5/9-9.6(a) as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that the qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) or communication generated in whole or substantially by artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to do all of the following: (1) perceive real and virtual environments; (2) abstract such perceptions into models through analysis in an automated manner; and (3) use model inference to formulate options for information or action.10 ILCS 5/9-9.6(a) does not accurately represent the speech or conduct of the depicted individual; (2) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when the station is paid to broadcast qualified political advertisementsQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a); (3) a distribution platformDistribution platform"Distribution platform" includes, but is not limited to, a website or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet publication or electronic publication, that routinely carries news and commentary of general interest.10 ILCS 5/9-9.6(a) that publishes qualified political advertisementsQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) prohibited under this Section, if the distribution platformDistribution platform"Distribution platform" includes, but is not limited to, a website or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet publication or electronic publication, that routinely carries news and commentary of general interest.10 ILCS 5/9-9.6(a) has a clearly stated written policy, provided to any person, committee, or other entity that creates, seeks to publish, or originally distributes a qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a), that the qualified political advertisementQualified political advertisement"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.10 ILCS 5/9-9.6(a) shall include a statement consistent with subsection (b).
Subsection (d) carves out three categories from the disclosure obligation. First, broadcasting stations (including cable and satellite operators) are exempt when they air AI-generated political content as part of bona fide news programming, provided they acknowledge that the content does not accurately represent the depicted individual's speech or conduct. Second, broadcasting stations paid to air qualified political advertisements are exempt — the disclosure duty remains on the advertiser, not the broadcaster. Third, distribution platforms that publish noncompliant qualified political advertisements are exempt if the platform maintains a clearly stated written policy requiring advertisers to include the mandated disclosure. This third carve-out effectively shifts compliance responsibility from the platform to the advertiser.