State of Illinois
90th General Assembly
Legislation

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90_HB3806

      SEE INDEX
          Amends the Election Code. Requires reporting of  campaign
      contributions  and expenditures in excess of $25, rather than
      $150.  Prohibits contributions  from  foreign  nationals  and
      cash  contributions  in excess of $25. Requires corporations,
      labor unions, and associations that spend  more  than  $1,000
      supporting  or  opposing  candidates  or  public questions to
      register  with  the  State  Board  of  Elections   and   file
      disclosures  of  contributions.  Specifies  the permitted and
      prohibited expenditures of  a  political  committee's  funds.
      Requires disclosure of an individual contributor's occupation
      and   employer   on  campaign  contribution  and  expenditure
      reports.   Requires  dissolution  of  a  political  committee
      within one year after an official leaves office, a  candidate
      loses   an  election,  or  an  official  or  candidate  dies.
      Prohibits  fundraising  by  General  Assembly   members   and
      candidates  within  Sangamon  County  during  the  weeks  the
      General  Assembly  is in session. Makes soliciting, offering,
      or accepting  contributions  on  State  property  a  Class  A
      misdemeanor.  Requires  the State Board of Elections to adopt
      rules  for  electronic  filing  of  a  political  committee's
      campaign finance reports and  makes  that  electronic  filing
      mandatory, rather than optional.  Increases the maximum civil
      penalty  the  State  Board  of Elections may assess.  Changes
      from a Class B to a  Class  A  misdemeanor  the  penalty  for
      failing  to  file campaign reports, filing false reports, and
      filing   false   campaign   finance   complaints.   Effective
      immediately.
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                                               LRB9008445JMmb
 1        AN ACT concerning campaign reform.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Election  Code  is amended by changing
 5    Sections 9-1.4, 9-1.5, 9-10, 9-11, 9-12,  9-13,  9-14,  9-23,
 6    9-26,  and  9-28  and  adding Sections 9-7.5, 9-8.10, 9-8.15,
 7    9-25.2, 9-25.3, 9-25.5, and 9-27.5 as follows:
 8        (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
 9        Sec. 9-1.4.  "Contribution" means-
10        (1)  a gift, subscription, donation, dues, loan, advance,
11    or deposit of money or anything of value, knowingly  received
12    in  connection with the nomination for election, or election,
13    of any person  to  public  office,  in  connection  with  the
14    election  of  any  person as ward or township committeeman in
15    counties of 3,000,000 or more population,  or  in  connection
16    with any question of public policy;
17        (2)  the  purchase  of  tickets  for fund-raising events,
18    including but not limited  to  dinners,  luncheons,  cocktail
19    parties,  and  rallies made in connection with the nomination
20    for election, or election, of any person to public office, in
21    connection with  the  election  of  any  person  as  ward  or
22    township  committeeman  in  counties  of  3,000,000  or  more
23    population,  or  in  connection  with  any question of public
24    policy;
25        (3)  a transfer of funds  between  political  committees;
26    and
27        (4)  the  services of an employee donated by an employer,
28    in which case the contribution shall be listed in the name of
29    the employer, except that any  individual  services  provided
30    voluntarily   and   without   promise   or   expectation   of
31    compensation   from   any   source  shall  not  be  deemed  a
                            -2-                LRB9008445JMmb
 1    contribution; but
 2        (5)  does not include--
 3             (a)  the use of real or personal  property  and  the
 4        cost  of  invitations,  food,  and beverages, voluntarily
 5        provided by an individual in rendering voluntary personal
 6        services on the  individual's  residential  premises  for
 7        candidate-related  activities;  provided the value of the
 8        service provided does not exceed an aggregate of $25 $150
 9        in a reporting period;
10             (b)  the sale of any food or beverage  by  a  vendor
11        for  use  in a candidate's campaign at a charge less than
12        the normal comparable charge, if such charge for use in a
13        candidate's campaign is at least equal  to  the  cost  of
14        such food or beverage to the vendor.
15    (Source: P.A. 89-405, eff. 11-8-95.)
16        (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
17        Sec. 9-1.5.  "Expenditure" means-
18        (1)  a  payment,  distribution,  purchase, loan, advance,
19    deposit, or gift of money or anything of value, in connection
20    with the nomination for election, or election, of any  person
21    to  public  office,  in  connection  with the election of any
22    person as  ward  or  township  committeeman  in  counties  of
23    3,000,000  or  more  population,  or  in  connection with any
24    question of public policy.   However,  expenditure  does  not
25    include -
26             (a)  the  use  of  real or personal property and the
27        cost of invitations,  food,  and  beverages,  voluntarily
28        provided by an individual in rendering voluntary personal
29        services  on  the  individual's  residential premises for
30        candidate-related activities; provided the value  of  the
31        service provided does not exceed an aggregate of $25 $150
32        in a reporting period;
33             (b)  the  sale  of  any food or beverage by a vendor
                            -3-                LRB9008445JMmb
 1        for use in a candidate's campaign at a charge  less  than
 2        the normal comparable charge, if such charge for use in a
 3        candidate's  campaign  is  at  least equal to the cost of
 4        such food or beverage to the vendor.
 5        (2)  a transfer of funds between political committees.
 6    (Source: P.A. 89-405, eff. 11-8-95.)
 7        (10 ILCS 5/9-7.5 new)
 8        Sec. 9-7.5.   Contributor  registration  and  disclosure.
 9    Any  corporation, labor union, or association of individuals,
10    however described or organized, that spends more than  $1,000
11    in  money  or  the  fair market value of its services, in the
12    aggregate and over any period of time, in support  of  or  in
13    opposition to any one or more candidates for public office or
14    public  questions  shall  register with the Board in a manner
15    prescribed by the Board and shall file  financial  disclosure
16    reports  with  the  Board.  The reports shall be filed at the
17    same times that campaign contribution and expenditure reports
18    are required of political committees and  shall  be  for  the
19    same reporting periods. The reports shall itemize all amounts
20    and  recipients.   The  Board  shall promulgate forms for the
21    reports.
22        (10 ILCS 5/9-8.10 new)
23        Sec. 9-8.10.  Use of political committee funds.
24        (a)  The funds of a political committee controlled  by  a
25    public official or by a candidate may be used only for:
26             (1)  expenditures   that   would   be   treated   as
27        deductions  or exempt functions under  Section 527 of the
28        Internal Revenue Code  and  the  regulations  promulgated
29        under that Section;
30             (2)  defraying  the  ordinary and necessary expenses
31        of a public official;
32             (3)  donations to organizations described in Section
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 1        170(c) of the Internal  Revenue Code; or
 2             (4)  transfers to  any  national,  State,  or  local
 3        political  committee, subject to the laws  governing that
 4        political committee.
 5        (b)  A political committee shall not make expenditures:
 6             (1)  in violation of any law of the United States or
 7        of this State;
 8             (2)  clearly in excess of the fair market  value  of
 9        the  services, materials, facilities,  or other things of
10        value received in exchange;
11             (3)  for satisfaction  or  repayment  of  any  debts
12        other  than  loans made to the  committee or repayment of
13        goods and services purchased by  the  committee  under  a
14        credit agreement.  The  repayments shall be made by check
15        written  to  the  person  who  made  the  loan  or credit
16        agreement.  The terms  and  conditions  of  any  loan  or
17        credit  agreement to a committee  shall be set forth in a
18        written agreement,  including  but  not  limited  to  the
19        method and amount of repayment, that shall be executed by
20        the chairman or treasurer of the committee at the time of
21        the  loan  or  credit  agreement.   The loan or agreement
22        shall also set forth the rate of interest for  the  loan,
23        if any, which may not substantially exceed the prevailing
24        market  interest  rate  at  the  time  the  agreement  is
25        executed;
26             (4)  for   clothing   or  laundry  expenses,  except
27        clothing items rented by the candidate for his or her own
28        use exclusively for a  specific  campaign-related  event,
29        provided  that  committees may purchase costumes, novelty
30        items, or other accessories worn primarily  to  advertise
31        the candidacy;
32             (5)  for  the travel expenses of a candidate, public
33        official,  committee  officer,  campaign  worker,   staff
34        member, or a family member of any such person, to or from
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 1        a  destination  outside  the State of Illinois, including
 2        room, board, and entertainment expenses incurred  outside
 3        the State of Illinois, unless the travel is necessary for
 4        fulfillment of political or governmental duties;
 5             (6)  for   membership   or   club  dues  charged  by
 6        organizations, clubs, or facilities  that  are  primarily
 7        engaged  in  providing  health, exercise, or recreational
 8        services; provided, however, that  funds  received  under
 9        this  Article may be used to rent the clubs or facilities
10        for a specific campaign-related event;
11             (7)  in  payment  for  anything  of  value  or   for
12        reimbursement of any expenditure for which any person has
13        been reimbursed by the State or any person;
14             (8)  for  the purchase of or installment payment for
15        a motor vehicle.  A political committee may lease a motor
16        vehicle  if  the  vehicle  will  be  used  primarily  for
17        campaign  purposes or for the performance of governmental
18        duties.  A committee shall keep detailed  records of  the
19        use of any leased vehicle and shall not make expenditures
20        for   use   of   the      vehicle   for  non-campaign  or
21        non-governmental purposes.  Persons  using  vehicles  not
22        leased  by  a  political  committee may be reimbursed for
23        actual mileage for the use of the  vehicle  for  campaign
24        purposes  or  for the performance of governmental duties.
25        The mileage reimbursements shall be made at a rate not to
26        exceed the standard mileage rate method  for  computation
27        of business expenses under the Internal Revenue Code; or
28             (9)  for  purchase  or  lease  of  anything of value
29        owned by the candidate or  by  a  corporation  owned  by,
30        managed  by, or employing the candidate, unless the thing
31        of value is purchased or  leased  at  its  cost,  without
32        profit to its owner.
33        (c)  The  Board  shall have the authority to investigate,
34    upon its own motion or receipt of a complaint, violations  of
                            -6-                LRB9008445JMmb
 1    the provisions of this Section.  The Board may levy a fine on
 2    any  person  who knowingly makes expenditures in violation of
 3    this Section.  The  fine  shall  not  exceed  $500  for  each
 4    expenditure  of  $500 or less and shall not exceed the amount
 5    of the expenditure plus $500  for  each  expenditure  greater
 6    than $500.  The Board shall also have the authority to render
 7    rulings  and  issue opinions relating to compliance with this
 8    Section.
 9        (d)  For the purposes of this Section:
10             (1)  "exempt function" has the same  meaning  as  in
11        Section   527  of  the  Internal  Revenue  Code  and  the
12        regulations promulgated under that Section;
13             (2)  "ordinary and necessary expenses of an  elected
14        official"  means  expenses for  which public funds may be
15        used; and
16             (3)  "immediate  family"  means  a  candidate's   or
17        public   official's   spouse,  siblings,    parents,  and
18        children  and  the  candidate's  or   public   official's
19        spouse's siblings, parents, and children.
20        (10 ILCS 5/9-8.15 new)
21        Sec.  9-8.15.   Contributions  made  on  State  property.
22    Contributions shall not be solicited, offered, or accepted on
23    State  property.  Contributions  received  on  State property
24    shall be returned within 3 business days.
25        Anyone  who  knowingly  solicits,  offers,   or   accepts
26    contributions  on  State  property  is  guilty  of  a Class A
27    misdemeanor.
28        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
29        Sec.   9-10.    Reports   of   campaign    contributions;
30    semi-annual reports; preservation.
31        (a)  The treasurer of every state political committee and
32    the  treasurer  of every local political committee shall file
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 1    with the Board, and the treasurer of  every  local  political
 2    committee  shall  file  with  the  county  clerk,  reports of
 3    campaign contributions, and semi-annual reports  of  campaign
 4    contributions  and  expenditures on forms to be prescribed or
 5    approved by the Board.   The  treasurer  of  every  political
 6    committee that acts as both a state political committee and a
 7    local  political  committee  shall file a copy of each report
 8    with the State Board of Elections and the county clerk.
 9        (b)  Reports of campaign contributions shall be filed  no
10    later   than  the  15th  day  next  preceding  each  election
11    including a primary election in  connection  with  which  the
12    political    committee   has   accepted   or   is   accepting
13    contributions or has made or is  making  expenditures.   Such
14    reports  shall  be complete as of the 30th day next preceding
15    each election including a primary election, except  that  any
16    contribution  of $500 or more received in the interim between
17    the last date of the period covered by the last report  filed
18    prior  to  the election and the date of the election shall be
19    reported within 2 business days after its receipt.  The Board
20    shall assess a civil penalty  not  to  exceed  $5,000  for  a
21    violation  of  this  subsection  (b).  However,  a continuing
22    political committee that neither  accepts  contributions  nor
23    makes  expenditures  on  behalf  of  or  in opposition to any
24    candidate or public question on the  ballot  at  an  election
25    shall   not  be  required  to  file  the  reports  heretofore
26    prescribed but may  file  in  lieu  thereof  a  Statement  of
27    Nonparticipation  in the Election with the Board or the Board
28    and the county clerk.
29        (c)  In addition to such reports the treasurer  of  every
30    political   committee   shall  file  semi-annual  reports  of
31    campaign contributions and expenditures no  later  than  July
32    31st,  covering the period from January 1st through June 30th
33    immediately  preceding,  and  no  later  than  January  31st,
34    covering the period from July 1st through  December  31st  of
                            -8-                LRB9008445JMmb
 1    the  preceding  calendar  year.  Reports of contributions and
 2    expenditures must be  filed  to  cover  the  prescribed  time
 3    periods even though no contributions or expenditures may have
 4    been  received  or  made  during the period.  The Board shall
 5    assess a civil penalty not to exceed $5,000 for  a  violation
 6    of this subsection (c).
 7        (d)  A  copy of each report or statement filed under this
 8    Article shall be preserved by the  person  filing  it  for  a
 9    period of two years from the date of filing.
10    (Source: P.A. 86-873.)
11        (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
12        Sec.  9-11.  Each  report of campaign contributions under
13    Section 9-10 shall disclose-
14        (1)  the name and address of the political committee;
15        (2)  (Blank);
16        (3)  the amount of funds on hand at the beginning of  the
17    reporting period;
18        (4)  the full name and mailing address of each person who
19    has  made  one or more contributions to or for such committee
20    within the reporting period in an aggregate amount  or  value
21    in  excess  of $25 $150, together with the amount and date of
22    such contributions, and if the contributor is an  individual,
23    the  occupation  and  employer  of the contributor or, if the
24    occupation and employer of the  contributor  are  unknown,  a
25    statement  that  the  committee  has  used  best  efforts  to
26    ascertain this information;
27        (5)  the total sum of individual contributions made to or
28    for  such  committee  during  the  reporting  period  and not
29    reported under item (4);
30        (6)  the name and address  of  each  political  committee
31    from which the reporting committee received, or to which that
32    committee  made,  any  transfer  of  funds,  in any aggregate
33    amount or value in excess of  $25  $150,  together  with  the
                            -9-                LRB9008445JMmb
 1    amounts and dates of all transfers;
 2        (7)  the  total  sum  of  transfers  made to or from such
 3    committee during the reporting period and not reported  under
 4    item (6);
 5        (8)  each loan to or from any person within the reporting
 6    period  by  or  to  such  committee in an aggregate amount or
 7    value in excess of $25 $150, together with the full names and
 8    mailing addresses of the lender and endorsers,  if  any,  and
 9    the  date  and  amount  of  such  loans,  and  if a lender or
10    endorser is an individual, the  occupation  and  employer  of
11    that individual;
12        (9)  the  total  amount  of  proceeds  received  by  such
13    committee  from  (a)  the  sale  of  tickets for each dinner,
14    luncheon,  cocktail  party,  rally,  and  other  fund-raising
15    events; (b) mass collections made at  such  events;  and  (c)
16    sales  of  items  such  as  political campaign pins, buttons,
17    badges,  flags,  emblems,  hats,  banners,  literature,   and
18    similar materials;
19        (10)  each contribution, rebate, refund, or other receipt
20    in  excess  of  $25  $150  received  by  such  committee  not
21    otherwise  listed  under  items  (4)  through (9), and if the
22    contributor is an individual, the occupation and employer  of
23    the  contributor  or,  if  the occupation and employer of the
24    contributor are unknown, a statement that the  committee  has
25    used best efforts to ascertain this information;
26        (11)  the  total  sum  of  all  receipts  by  or for such
27    committee or candidate during the reporting period.
28        The Board shall by rule define "best efforts".
29        The reports of campaign contributions  filed  under  this
30    Article  shall  be  cumulative during the reporting period to
31    which they relate.
32    (Source: P.A. 90-495, eff. 1-1-98.)
33        (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
                            -10-               LRB9008445JMmb
 1        Sec.  9-12.   Each  report  of   campaign   contributions
 2    required by Section 9-10 of this Article to be filed with the
 3    Board  or  the  Board and the county clerk shall be verified,
 4    dated, and signed by either the treasurer  of  the  political
 5    committee  making the report or the candidate on whose behalf
 6    the report is  made,  and  shall  contain  substantially  the
 7    following:
 8                  REPORT OF CAMPAIGN CONTRIBUTIONS
 9    (1)  name and address of the political committee:
10    .............................................................
11    (2)  the  date  of the beginning of the reporting period, and
12    the amount of funds on hand at the beginning of the reporting
13    period:
14    .............................................................
15    (3)  the full name and mailing address of each person who has
16    made one or more contributions to or for the committee within
17    the reporting period in  an  aggregate  amount  or  value  in
18    excess of $25 $150, together with the amount and date of such
19    contributions,  and  if  the  person  is  an  individual, the
20    occupation and  employer  of  each  contributor  or,  if  the
21    occupation  and  employer  of  the contributor are unknown, a
22    statement  that  the  committee  has  used  best  efforts  to
23    ascertain this information:
24    name    address     amount    date     occupation    employer
25    ....    .......     ......    ....     ..........    ........
26    ....    .......     ......    ....     ..........    ........
27    ....    .......     ......    ....     ..........    ........
28    ....    .......     ......    ....     ..........    ........
29    ....    .......     ......    ....     ..........    ........
30    (4)  the total sum of individual contributions made to or for
31    the committee during the reporting period  and  not  reported
32    under item (3) -
33    .............................................................
34    (5)  the  name  and  address of each political committee from
                            -11-               LRB9008445JMmb
 1    which the reporting committee  received,  or  to  which  that
 2    committee made, any transfer of funds, in an aggregate amount
 3    or value in excess of $25 $150, together with the amounts and
 4    dates of all transfers:
 5    name            address           amount           date
 6    ..........      ..........        ..........       ..........
 7    ..........      ..........        ..........       ..........
 8    ..........      ..........        ..........       ..........
 9    (6)  the  total  sum  of  transfers  made  to  or  from  such
10    committee during the reporting period and not under item (5):
11    .............................................................
12    (7)  each  loan  to  or  from any person within the reporting
13    period by or to the committee in an aggregate amount or value
14    in excess of $25 $150,  together  with  the  full  names  and
15    mailing  addresses  of  the lender and endorsers, if any, and
16    the date and amount of such loans, and if the  person  is  an
17    individual, the occupation and employer of each person making
18    the loan:
19    (8)  the  total  amount of proceeds received by the committee
20    from (a) the sale  of  tickets  for  each  dinner,  luncheon,
21    cocktail  party,  rally,  and  other fund-raising events; (b)
22    mass collections made at such events; and (c) sales of  items
23    such  as  political  campaign  pins,  buttons, badges, flags,
24    emblems, hats, banners, literature, and similar materials:
25    (a)..........................................................
26    (b)..........................................................
27    (c)..........................................................
28    (9)  each contribution, rebate, refund, or other  receipt  in
29    excess  of  $25  $150 received by the committee not otherwise
30    listed under items (3) through (8), and if the person  is  an
31    individual,  the  occupation and employer of each contributor
32    or, if the occupation and employer  of  the  contributor  are
33    unknown, a statement that the committee has used best efforts
34    to ascertain this information:
                            -12-               LRB9008445JMmb
 1    name    address     amount    date     occupation    employer
 2    ....    .......     ......    ....     ..........    ........
 3    ....    .......     ......    ....     ..........    ........
 4    (10)  the  total  sum of all receipts by or for the committee
 5    during the reporting period:
 6    .............................................................
 7    VERIFICATION:
 8        "I declare that this  report  of  campaign  contributions
 9    (including  any  accompanying  schedules  and statements) has
10    been examined by me and to  the  best  of  my  knowledge  and
11    belief  is a true, correct and complete report as required by
12    Article 9 of The Election Code. I understand that the penalty
13    for willfully filing a false or incomplete statement shall be
14    a fine not to exceed $2,500 $500 or imprisonment in  a  penal
15    institution  other  than  the penitentiary not to exceed 12 6
16    months, or both fine and imprisonment."
17    .............................................................
18    (date of filing)      (signature of person making the report)
19    (Source: P.A. 90-495, eff. 1-1-98.)
20        (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
21        Sec.  9-13.   Each   semi-annual   report   of   campaign
22    contributions  and  expenditures  under  Section  9-10  shall
23    disclose-
24        (1)  the name and address of the political committee;
25        (2)  (Blank);
26        (3)  the  amount of funds on hand at the beginning of the
27    reporting period;
28        (4)  the full name and mailing address of each person who
29    has made one or more contributions to or for  such  committee
30    within  the  reporting period in an aggregate amount or value
31    in excess of $25 $150, together with the amount and  date  of
32    such  contributions, and if the contributor is an individual,
33    the occupation and employer of the  contributor  or,  if  the
                            -13-               LRB9008445JMmb
 1    occupation  and  employer  of  the contributor are unknown, a
 2    statement  that  the  committee  has  used  best  efforts  to
 3    ascertain this information;
 4        (5)  the total sum of individual contributions made to or
 5    for such  committee  during  the  reporting  period  and  not
 6    reported under item (4);
 7        (6)  the  name  and  address  of each political committee
 8    from which the reporting committee received, or to which that
 9    committee made, any  transfer  of  funds,  in  the  aggregate
10    amount  or  value  in  excess  of $25 $150, together with the
11    amounts and dates of all transfers;
12        (7)  the total sum of transfers  made  to  or  from  such
13    committee  during the reporting period and not reported under
14    item (6);
15        (8)  each loan to or from any person within the reporting
16    period by or to such committee  in  an  aggregate  amount  or
17    value in excess of $25 $150, together with the full names and
18    mailing  addresses  of  the lender and endorsers, if any, and
19    the date and amount  of  such  loans,  and  if  a  lender  or
20    endorser  is  an  individual,  the occupation and employer of
21    that individual;
22        (9)  the  total  amount  of  proceeds  received  by  such
23    committee from (a) the  sale  of  tickets  for  each  dinner,
24    luncheon,  cocktail  party,  rally,  and  other  fund-raising
25    events;  (b)  mass  collections  made at such events; and (c)
26    sales of items such  as  political  campaign  pins,  buttons,
27    badges,   flags,  emblems,  hats,  banners,  literature,  and
28    similar materials;
29        (10)  each contribution, rebate, refund, or other receipt
30    in  excess  of  $25  $150  received  by  such  committee  not
31    otherwise listed under items (4) through (9);
32        (11)  the total sum  of  all  receipts  by  or  for  such
33    committee or candidate during the reporting period;
34        (12)  the full name and mailing address of each person to
                            -14-               LRB9008445JMmb
 1    whom  expenditures  have  been  made  by  such  committee  or
 2    candidate  within the reporting period in an aggregate amount
 3    or value in excess of $25 $150, the amount, date, and purpose
 4    of each such expenditure and the question of public policy or
 5    the name and address of, and office sought by, each candidate
 6    on whose behalf such expenditure was made;
 7        (13)  the full name and mailing address of each person to
 8    whom an expenditure  for  personal  services,  salaries,  and
 9    reimbursed  expenses in excess of $25 $150 has been made, and
10    which is not otherwise reported, including the amount,  date,
11    and purpose of such expenditure;
12        (14)  the   total   sum  of  expenditures  made  by  such
13    committee during the reporting period;
14        (15)  the full name and mailing address of each person to
15    whom the committee owes debts or obligations in excess of $25
16    $150, and the amount of such debts or obligations.
17        The Board shall by rule define "best efforts".
18    (Source: P.A. 90-495, eff. 1-1-98.)
19        (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
20        Sec.  9-14.   Each   semi-annual   report   of   campaign
21    contributions  and  expenditures  required by Section 9-10 of
22    this Article to be filed with the Board or the Board and  the
23    county  clerk  shall be verified, dated, and signed by either
24    the treasurer of the political committee making the report or
25    the candidate on whose behalf the report is made,  and  shall
26    contain substantially the following:
27                   SEMI-ANNUAL REPORT OF CAMPAIGN
28                   CONTRIBUTIONS AND EXPENDITURES
29    (1)  name and address of the political committee:
30    .............................................................
31    (2)  the  date  of the beginning of the reporting period, and
32    the amount of funds on hand at the beginning of the reporting
33    period;
                            -15-               LRB9008445JMmb
 1    .............................................................
 2    (3)  the full name and mailing address of each person who has
 3    made one or more contributions to or for the committee within
 4    the reporting period in  an  aggregate  amount  or  value  in
 5    excess of $25 $150, together with the amount and date of such
 6    contributions,  and  if  the  person  is  an  individual, the
 7    occupation and  employer  of  each  contributor  or,  if  the
 8    occupation  and  employer  of  the contributor are unknown, a
 9    statement  that  the  committee  has  used  best  efforts  to
10    ascertain this information:
11    name    address     amount    date     occupation    employer
12    ....    .......     ......    ....     ..........    ........
13    ....    .......     ......    ....     ..........    ........
14    ....    .......     ......    ....     ..........    ........
15    ....    .......     ......    ....     ..........    ........
16    ....    .......     ......    ....     ..........    ........
17    (4)  the total sum of individual contributions made to or for
18    the committee during the reporting period  and  not  reported
19    under item--(3):
20    .............................................................
21    (5)  the  name  and  address of each political committee from
22    which the reporting committee  received,  or  to  which  that
23    committee made, any transfer of funds, in an aggregate amount
24    or value in excess of $25 $150, together with the amounts and
25    dates of all transfers:
26    name            address           amount           date
27    ..........      ..........        ..........       ..........
28    ..........      ..........        ..........       ..........
29    ..........      ..........        ..........       ..........
30    (6)  the  total  sum  of  transfers  made  to  or  from  such
31    committee  during the reporting period and not reported under
32    item (5);
33    (7)  each loan to or from any  person  within  the  reporting
34    period by or to the committee in an aggregate amount or value
                            -16-               LRB9008445JMmb
 1    in  excess  of  $25  $150,  together  with the full names and
 2    mailing addresses of the lender and endorsers,  if  any,  and
 3    the  date  and  amount of such loans, and if the person is an
 4    individual, the occupation and employer of each person making
 5    the loan:
 6    name  address  amount  date  endorsers  occupation   employer
 7    ....  .......  ......  ....  .........  ..........   ........
 8    ....  .......  ......  ....  .........  ..........   ........
 9    ....  .......  ......  ....  .........  ..........   ........
10    (8)  the total amount of proceeds received by  the  committee
11    from  (a)  the  sale  of  tickets  for each dinner, luncheon,
12    cocktail party, rally, and  other  fund-raising  events;  (b)
13    mass  collections made at such events; and (c) sales of items
14    such as political  campaign  pins,  buttons,  badges,  flags,
15    emblems, hats, banners, literature, and similar materials:
16    (a)..........................................................
17    (b)..........................................................
18    (c)..........................................................
19    (9)  each  contribution,  rebate, refund, or other receipt in
20    excess of $25 $150 received by the  committee  not  otherwise
21    listed under items (3) through (8):
22    name            address           amount           date
23    ..........      ..........        ..........       ..........
24    ..........      ..........        ..........       ..........
25    (10)  the  total  sum of all receipts by or for the committee
26    during the reporting period:
27    .............................................................
28    (11)  the full name and mailing address  of  each  person  to
29    whom  expenditures have been made by the committee within the
30    reporting period in an aggregate amount or value in excess of
31    $25  $150,  the  amount,  date,  and  purpose  of  each  such
32    expenditure, and the question of public policy  or  the  name
33    and address of, and office sought by, each candidate on whose
34    behalf the expenditure was made:
                            -17-               LRB9008445JMmb
 1    name        address   amount   date    purpose    beneficiary
 2    ..........  .......   ......   ....    .......    ...........
 3    ..........  .......   ......   ....    .......    ...........
 4    ..........  .......   ......   ....    .......    ...........
 5    ..........  .......   ......   ....    .......    ...........
 6    ..........  .......   ......   ....    .......    ...........
 7    (12)  the  full  name  and  mailing address of each person to
 8    whom an expenditure  for  personal  services,  salaries,  and
 9    reimbursed  expenses in excess of $25 $150 has been made, and
10    which is not otherwise reported, including the amount,  date,
11    and purpose of such expenditure:
12    name         address       amount      date        purpose
13    ..........   ..........    ........    ........    ..........
14    ..........   ..........    ........    ........    ..........
15    ..........   ..........    ........    ........    ..........
16    (13)  the  total  sum  of  expenditures made by the committee
17    during the reporting period;
18    .............................................................
19    (14)  the full name and mailing address  of  each  person  to
20    whom the committee owes debts or obligations in excess of $25
21    $150, and the amount of such debts or obligations:
22    .............................................................
23    .............................................................
24    VERIFICATION:
25        "I  declare  that  this  semi-annual  report  of campaign
26    contributions and expenditures  (including  any  accompanying
27    schedules  and statements) has been examined by me and to the
28    best of my knowledge  and  belief  is  a  true,  correct  and
29    complete  report  as  required  by  Article 9 of The Election
30    Code. I understand that the penalty for  willfully  filing  a
31    false  or  incomplete  report  shall  be a fine not to exceed
32    $2,500 $500 or imprisonment in a penal institution other than
33    the penitentiary not to exceed 12 6 months, or both fine  and
34    imprisonment."
                            -18-               LRB9008445JMmb
 1    ................      .......................................
 2    (date of filing)      (signature of person making the report)
 3    (Source: P.A. 90-495, eff. 1-1-98.)
 4        (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
 5        Sec. 9-23.  Whenever the Board, pursuant to Section 9-21,
 6    has  issued  an order, or has approved a written stipulation,
 7    agreed  settlement  or  consent  order,  directing  a  person
 8    determined by the Board to be in violation of  any  provision
 9    of  this  Article  or  any  regulation adopted thereunder, to
10    cease or correct such violation or otherwise comply with this
11    Article and such person fails or refuses to comply with  such
12    order,  stipulation,  settlement  or consent order within the
13    time specified by  the  Board,  the  Board,  after  affording
14    notice  and an opportunity for a public hearing, may impose a
15    civil penalty on such person  in  an  amount  not  to  exceed
16    $5,000 $1,000.
17        Civil  penalties  imposed on any such person by the Board
18    shall be enforceable in the Circuit Court.  The  Board  shall
19    petition  the Court for an order to enforce collection of the
20    penalty and, if the Court finds it has jurisdiction over  the
21    person  against whom the penalty was imposed, the Court shall
22    issue the appropriate order.  Any civil  penalties  collected
23    by the Court shall be forwarded to the State Treasurer.
24        In  addition  to  or in lieu of the imposition of a civil
25    penalty, the board may report such violation and the  failure
26    or  refusal  to  comply  with  the  order of the Board to the
27    Attorney General and the appropriate State's Attorney.
28    (Source: P.A. 83-540.)
29        (10 ILCS 5/9-25.2 new)
30        Sec.  9-25.2.  Contributions   from   foreign   nationals
31    prohibited.    No  candidate  or  political  committee  shall
32    accept, either directly or indirectly, a contribution made by
                            -19-               LRB9008445JMmb
 1    a foreign national.  For purposes of this  Section,  "foreign
 2    national" means (i) an individual who is not a citizen of the
 3    United  States and who is not lawfully admitted for permanent
 4    residence,  as  defined  by   Section   101(a)(20)   of   the
 5    Immigration  and  Nationality  Act;  (ii)  a  government of a
 6    foreign country or a foreign political party; (iii) a  person
 7    outside  of  the United States, unless it is established that
 8    the person is an individual and a citizen  of  and  domiciled
 9    within  the  United  States,  or  that  the  person is not an
10    individual and is organized under or created by the  laws  of
11    the  United States, this State, any other state, or any other
12    place subject to the jurisdiction of the  United  States  and
13    has its principal place of business within the United States;
14    and    (iv)    a   partnership,   association,   corporation,
15    organization, or other combination of persons organized under
16    the laws of or having its principal place of  business  in  a
17    foreign  country.   "Foreign  national"  does not include any
18    individual who is a citizen of the United States.
19        (10 ILCS 5/9-25.3 new)
20        Sec.  9-25.3.  Cash  contributions  in  excess   of   $25
21    prohibited.
22        (a)  No   candidate,   public   official,   or  political
23    committee  may  accept  cash  contributions  from  a   single
24    contributor within any 12-month period in an aggregate amount
25    in  excess of  $25.  For the purposes of this Section, "cash"
26    means the currency and coins of the United States,  but  does
27    not   mean   checks,   money   orders,  or  other  negotiable
28    instruments. Any contribution in excess of  $25,  other  than
29    in-kind contributions, shall be made by negotiable instrument
30    or be evidenced by an itemized credit card receipt bearing on
31    its  face  the  name  of  the remitter.  For purposes of this
32    Section, a cash contribution shall be  deemed  to  have  been
33    accepted  if  it  is negotiated or deposited, or if it is not
                            -20-               LRB9008445JMmb
 1    returned to the contributor within 72 hours of receipt.
 2        (b)  A violation under this Section  shall  constitute  a
 3    Class  A  misdemeanor.    In addition to any other penalty, a
 4    person convicted under this Section shall be  fined  3  times
 5    the  amount  of  contributions found to have been accepted in
 6    violation of this  Section.   Any  contribution  accepted  in
 7    violation  of  this  Section  shall  escheat  to the State of
 8    Illinois.
 9        (10 ILCS 5/9-25.5 new)
10        Sec. 9-25.5. Dissolution  of  political  committee.  Each
11    public  official  who  leaves  office  due  to  retirement or
12    defeat, and each candidate for public  office  who  has  been
13    defeated,  must  close  his  or  her  political committee and
14    surrender any remaining funds within one year  after  leaving
15    office  or  losing an election. In the case of the death of a
16    public official or candidate for public office, the  officers
17    of  the  political  committee  must  dissolve  the  political
18    committee  within  one  year  after  the public official's or
19    candidate's death.
20        Upon  the  dissolution  of  a  political  committee,  its
21    remaining funds shall be surrendered to the  State  Treasurer
22    for deposit into the Common School Fund.
23        (10 ILCS 5/9-26) (from Ch. 46, par. 9-26)
24        Sec.  9-26.  Willful failure to file or willful filing of
25    false or incomplete  information  required  by  this  Article
26    shall constitute a Class A B misdemeanor.
27        Willful  filing  of  a false complaint under this Article
28    shall constitute a Class A B misdemeanor.
29        A prosecution for any offense designated by this  Article
30    shall  be  commenced  no  later  than  18  months  after  the
31    commission of the offense.
32        The  appropriate State's Attorney or the Attorney General
                            -21-               LRB9008445JMmb
 1    shall bring such actions in the name of  the  people  of  the
 2    State of Illinois.
 3    (Source: P.A. 78-1183.)
 4        (10 ILCS 5/9-27.5 new)
 5        Sec.  9-27.5.  Fundraising  within  Sangamon  County.  No
 6    member  of  the General Assembly or candidate for that office
 7    may hold  a  fundraising  function  within  Sangamon  County,
 8    Illinois,  during any calendar week (Sunday through Saturday)
 9    in which the legislature is in session.
10        (10 ILCS 5/9-28)
11        Sec. 9-28.  Electronic filing and availability. The Board
12    shall  may  by  rule  provide  for  the  mandatory   optional
13    electronic  filing  of  reports  and  statements  under  this
14    Article  of  expenditure and contribution reports.  The Board
15    shall promptly make all reports filed under this  Article  by
16    all  political  committees  publicly  available by means of a
17    searchable database that is accessible through the World Wide
18    Web.
19    (Source: P.A. 90-495, eff. 8-18-97.)
20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.
                            -22-               LRB9008445JMmb
 1                                INDEX
 2               Statutes amended in order of appearance
 3    10 ILCS 5/9-1.4           from Ch. 46, par. 9-1.4
 4    10 ILCS 5/9-1.5           from Ch. 46, par. 9-1.5
 5    10 ILCS 5/9-7.5 new
 6    10 ILCS 5/9-8.10 new
 7    10 ILCS 5/9-8.15 new
 8    10 ILCS 5/9-10            from Ch. 46, par. 9-10
 9    10 ILCS 5/9-11            from Ch. 46, par. 9-11
10    10 ILCS 5/9-12            from Ch. 46, par. 9-12
11    10 ILCS 5/9-13            from Ch. 46, par. 9-13
12    10 ILCS 5/9-14            from Ch. 46, par. 9-14
13    10 ILCS 5/9-23            from Ch. 46, par. 9-23
14    10 ILCS 5/9-25.2 new
15    10 ILCS 5/9-25.3 new
16    10 ILCS 5/9-25.5 new
17    10 ILCS 5/9-26            from Ch. 46, par. 9-26
18    10 ILCS 5/9-27.5 new
19    10 ILCS 5/9-28

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