A bill that criminalizes "libel and defamation" in Illinois political advertising has State Sen. Jason Plummer (R-Edwardsville) calling the proposal an attack on the right to free speech.
"It is truly frightening that anyone would support the idea of empowering bureaucrats to decide to only allow speech they agree with," Plummer said of HB5850, being dubbed the "Truth in Politics Act."
Filed Nov. 22 by lameduck lawmaker Rep. Denyse Wang Stoneback (D-Skokie), the measure could slap offenders with criminal and civil penalties.
Stoneback's bill would create prohibitions against 1) false or misleading statements to affect a vote, 2) unlawful attempts to affect the outcome of a campaign, 3) distribution of materials intending to mislead people on a candidate's incumbency status, and 4) libel and defamation in political advertising.
Violations could result in Class A misdemeanors - which carry up to 364 days in jail, a fine of up to $2,500 in addition to mandatory court assessments.
“Make no mistake, HB5850 is a direct attack on the right to free speech," Plummer said in a statement.
"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...Worse yet, this bill wouldn’t just apply to candidates, it would also go after citizens for speaking their minds.
"Offending overly sensitive people is the lesser of two evils compared to violating the constitutional rights of Illinoisans. The freedom of speech is a cornerstone of our nation, and I will always be vigilant in defending it.”
Stoneback's days in the Illinois General Assembly are numbered as a one-term House member. She was defeated in the June 28 primary by Democrat Kevin Olickal. Stoneback was first elected in 2020.
Olickal defeated Republican Vince Romano on Nov. 8 by a margin of 70-30%.