Outgoing State Rep. Denyse Stoneback Introduces 'Truth In Politics Act'

SKOKIE, IL — Legislation introduced by a local state lawmaker would make it a crime — punishable by up to a year in jail — to make a statement that is "only partially true" during a political campaign.

State Rep. Denyse Stoneback, a Skokie Democrat, last month introduced House Bill 5850, the "Truth in Politics Act."

"Our political system is fraught with misinformation," Stoneback said. "Voters are being manipulated, ethical people are less likely to become involved in politics or run for office and voters end up disgusted and frustrated and, in general, are becoming distrustful of everyone in politics and government."

The proposal would make it a class A misdemeanor to "knowingly or recklessly" publish, broadcast or communicate "any false or misleading statement" intended to affect an election or candidate.

A "misleading statement" is anything that is "only partially true or distorts a true statement," according to the bill's definition.

"Social media can really be biased, the platforms themselves, against the facts," Stoneback said. "And since there's a lack of regulation for information technology, we're really allowing bad actors to proliferate and do damage to our democracy."

It would be up to county prosecutors to determine whether to pursue criminal charges. The proposed legislation would also permit candidates, voters or lawmakers to file civil actions asking judges to block false or misleading statements.

Stoneback pointed to a list, compiled by the National Conference of State Legislatures, of 27 states that prohibit false statements in some form or another.

But that list notes that federal judges have struck down far narrower restrictions than her proposals — a Minnesota ban on false campaign material and an Ohio ban on false statements about candidates — in the Sixth and Eighth circuit courts of appeals. (Illinois is in the Seventh Circuit.)

Many states that ban false statements do so in limited circumstances, and many are civil rather than criminal.

For instance, it's illegal in Hawaii to lie to people about when the election is, in Florida it's forbidden for candidates to make false claims about their military service and in Mississippi someone who makes a statement about a candidate's private life has the burden of proof. But none of the 27 states listed forbid "partially true" statements, as does Stoneback's proposed "Truth in Politics Act."

Stoneback said she was confident her bill was constitutional, telling Patch that attorneys had assured her it had been modeled on state laws that courts have not yet struck down.

The act would make it mandatory for Illinois candidates to sign a Code of Fair Campaign Practices in order to appear on the ballot. A violation of that code would be a class A misdemeanor punishable by up to 364 days imprisonment.

According to the conference of state legislatures, the only other state where signing such a code is mandatory is Arkansas. And that state's "political practices pledge" only requires candidates to attest that they have not been convicted of a felony and are familiar with the election code.

"It would raise the bar," Stoneback said. "It would tamp down on misinformation, it would encourage everyone who runs for elected office to adhere to a minimum set of standards on how they're going to be acting in a campaign."

The bill would also make it illegal to have people spy on other campaigns, offer anything valuable in exchange for campaign information and require all candidates to identify themselves in all of their campaign advertisements and attest that they "support the accuracy of this message."

Stoneback said she had consulted with Illinois State Board of Election and some Republican lawmakers, who she expected to sign on as co-sponsors, ahead of filing the bill.

On Thursday, the final day of the veto session, State Rep. Maurice West (D-Rockford), State Rep. Stephanie Kifowit (D-Oswego) and State Rep. Amy Grant (R-Wheaton) were added as chief co-sponsors, while State Rep. Debbie Meyers-Martin (D-Olympia Fields), State Rep. Sue Scherer (D-Decatur), State Rep. Dave Vella (D-Rockford) and outgoing State Rep. Mark Luft (R-Pekin) were added as co-sponsors.

Sen. Jason Plummer, an Edwardsville Republican, released a statement describing HB 5850 as a "direct attack" on free speech rights.

"The voters have the ultimate authority to hold politicians accountable for what they say and do, exactly as it should be. Free and open elections are the foundation of our democracy," said Plummer, the assistant Senate GOP leader.

"It is truly frightening that anyone would support the idea of empowering bureaucrats to decide to only allow speech they agree with. Worse yet, this bill wouldn’t just apply to candidates, it would also go after citizens for speaking their minds," Plummer said.

"Offending overly sensitive people is the lesser of two evils compared to violating the constitutional rights of Illinoisans," he added. "The freedom of speech is a cornerstone of our nation, and I will always be vigilant in defending it.”

Stoneback is set to leave the legislature next month after losing June's Democratic Party primary to Kevin Olickal. She said she had witnessed misinformation becoming an increasing problem in political campaigns, but declined to say whether she thought it had been a factor in her own defeat.

Gun control advocacy groups supported Stoneback's opponent, describing her decision not to concur on a Senate amendment as tantamount to voting "no" on universal background checks. The gun safety lobby opposed Stoneback even though she had started her own gun control group before taking on her own one-term predecessor, former State Rep. Mark Kalish, in the 2020 Democratic Party primary, after his own abstention on a key vote led local Democrats to seek his ouster.

Stoneback said it was "timely" to file the bill heading into her final lame-duck session in Springfield, describing herself as an "optimist" when asked about its chances of passage next month. She said she hoped another legislator would pick up the bill if it fails to pass ahead of the end of her term.