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 three defined terms that frame the bill's scope. Artificial intelligence is defined broadly using a perception-abstraction-inference framework. Qualified political advertisement is the operative trigger — any paid advertisement relating to a candidate or ballot question that contains AI-generated image, audio, or video. Distribution platform covers websites and periodicals of general circulation, relevant primarily to the exemption in subsection (d)(3).
(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) is the bill's core operative provision. It requires any person, committee, or entity that creates, originally publishes, or originally distributes a qualified political advertisement to include a clear and conspicuous statement that the advertisement was generated in whole or substantially by artificial intelligence. The format requirements are medium-specific: graphic communications must use text at least as large as the majority of other text; audio communications require a spoken statement of at least 3 seconds at the beginning or end; and video-with-audio communications require both a visual display of at least 4 seconds and a spoken statement of at least 3 seconds, all in the same language as the communication.
(c) 2 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 escalating civil penalties enforced by the Board of Elections. A first violation carries a maximum penalty of $250; each subsequent violation carries a maximum of $1,000. Importantly, each individual advertisement distributed or aired that violates the disclosure requirement constitutes a separate violation, creating significant potential aggregate exposure for widespread ad campaigns.
(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); (4) 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 constitutes satire or parody; and (5) a business or its affiliate if the business or its affiliate is regulated by the Federal Communications Commission.
Subsection (d) carves out five categories from the disclosure requirement: (1) broadcasters airing AI-generated content as part of bona fide news coverage, provided they acknowledge the AI origin in a manner perceptible to the audience; (2) broadcasters paid to air qualified political advertisements; (3) distribution platforms that maintain and provide a written policy requiring advertisers to include the subsection (b) disclosure; (4) satire or parody; and (5) businesses regulated by the FCC. These exemptions significantly narrow the bill's practical reach — notably, broadcast stations and FCC-regulated entities are categorically exempt.
(e) 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) is not liable 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) can show that it provided notice to the distributor of a qualified political advertisement of 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)'s prohibitions concerning the failure to disclose content created 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) in 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 prerecorded telephone message.
Subsection (e) provides a safe harbor for distribution platforms. A platform is not liable under this Section if it can demonstrate that it provided notice to the distributor of a qualified political advertisement of the platform's prohibitions concerning the failure to disclose AI-generated content. This complements the exemption in subsection (d)(3) — platforms that both maintain a written policy and provide actual notice to distributors enjoy robust protection.
(f) 3 If a person, committee, or other entity violates subsection (b) by creating, publishing, or disclosing 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 features another candidate and that does not include the statement required under subsection (b), then the featured candidate may petition the circuit court for injunctive relief to prohibit publication or disclosure of 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). A featured candidate that prevails in circuit court under this subsection (f) may recover reasonable attorney's fees and costs.
Subsection (f) creates a narrow right for featured candidates to seek injunctive relief in circuit court when a qualified political advertisement depicting them is published without the required disclosure. This is not a general private right of action — it is limited to featured candidates depicted in non-compliant ads. A prevailing candidate may recover reasonable attorney's fees and costs, adding a fee-shifting incentive for enforcement.