HB4131 - 104th General Assembly
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| 1 | AN ACT concerning elections. | |||||||||||||||||||||
| 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 | Section 9-8.10 and by adding Section 9-8.11 as follows: | |||||||||||||||||||||
| 6 | (10 ILCS 5/9-8.10) | |||||||||||||||||||||
| 7 | Sec. 9-8.10. Use of political committee and other | |||||||||||||||||||||
| 8 | reporting organization funds. | |||||||||||||||||||||
| 9 | (a) A political committee shall not make expenditures: | |||||||||||||||||||||
| 10 | (1) In violation of any law of the United States or of | |||||||||||||||||||||
| 11 | this State. | |||||||||||||||||||||
| 12 | (2) Clearly in excess of the fair market value of the | |||||||||||||||||||||
| 13 | services, materials, facilities, or other things of value | |||||||||||||||||||||
| 14 | received in exchange. | |||||||||||||||||||||
| 15 | (3) For satisfaction or repayment of any debts other | |||||||||||||||||||||
| 16 | than loans made to the committee or to the public official | |||||||||||||||||||||
| 17 | or candidate on behalf of the committee or repayment of | |||||||||||||||||||||
| 18 | goods and services purchased by the committee under a | |||||||||||||||||||||
| 19 | credit agreement. Nothing in this Section authorizes the | |||||||||||||||||||||
| 20 | use of campaign funds to repay personal loans. The | |||||||||||||||||||||
| 21 | repayments shall be made by check written to the person | |||||||||||||||||||||
| 22 | who made the loan or credit agreement. The terms and | |||||||||||||||||||||
| 23 | conditions of any loan or credit agreement to a committee | |||||||||||||||||||||
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| 1 | shall be set forth in a written agreement, including but | ||||||
| 2 | not limited to the method and amount of repayment, that | ||||||
| 3 | shall be executed by the chair or treasurer of the | ||||||
| 4 | committee at the time of the loan or credit agreement. The | ||||||
| 5 | loan or agreement shall also set forth the rate of | ||||||
| 6 | interest for the loan, if any, which may not substantially | ||||||
| 7 | exceed the prevailing market interest rate at the time the | ||||||
| 8 | agreement is executed. | ||||||
| 9 | (4) For the satisfaction or repayment of any debts or | ||||||
| 10 | for the payment of any expenses relating to a personal | ||||||
| 11 | residence, except as provided in Section 9-8.11. Campaign | ||||||
| 12 | funds may not be used as collateral for home mortgages. | ||||||
| 13 | (5) For clothing or personal laundry expenses, except | ||||||
| 14 | clothing items rented by the public official or candidate | ||||||
| 15 | for his or her own use exclusively for a specific | ||||||
| 16 | campaign-related event, provided that committees may | ||||||
| 17 | purchase costumes, novelty items, or other accessories | ||||||
| 18 | worn primarily to advertise the candidacy. | ||||||
| 19 | (6) For the travel expenses of any person unless the | ||||||
| 20 | travel is necessary for fulfillment of political, | ||||||
| 21 | governmental, or public policy duties, activities, or | ||||||
| 22 | purposes. | ||||||
| 23 | (7) For membership or club dues charged by | ||||||
| 24 | organizations, clubs, or facilities that are primarily | ||||||
| 25 | engaged in providing health, exercise, or recreational | ||||||
| 26 | services; provided, however, that funds received under | ||||||
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| 1 | this Article may be used to rent the clubs or facilities | ||||||
| 2 | for a specific campaign-related event. | ||||||
| 3 | (8) In payment for anything of value or for | ||||||
| 4 | reimbursement of any expenditure for which any person has | ||||||
| 5 | been reimbursed by the State or any person. For purposes | ||||||
| 6 | of this item (8), a per diem allowance is not a | ||||||
| 7 | reimbursement. | ||||||
| 8 | (9) For the lease or purchase of or installment | ||||||
| 9 | payment for a motor vehicle unless the political committee | ||||||
| 10 | can demonstrate the vehicle will be used primarily for | ||||||
| 11 | campaign purposes or for the performance of governmental | ||||||
| 12 | duties. Nothing in this paragraph prohibits a political | ||||||
| 13 | committee from using political funds to make expenditures | ||||||
| 14 | related to vehicles not purchased or leased by a political | ||||||
| 15 | committee, provided the expenditure relates to the use of | ||||||
| 16 | the vehicle for primarily campaign purposes or the | ||||||
| 17 | performance of governmental duties. Persons using vehicles | ||||||
| 18 | not purchased or leased by a political committee may be | ||||||
| 19 | reimbursed for actual mileage for the use of the vehicle | ||||||
| 20 | for campaign purposes or for the performance of | ||||||
| 21 | governmental duties. The mileage reimbursements shall be | ||||||
| 22 | made at a rate not to exceed the standard mileage rate | ||||||
| 23 | method for computation of business expenses under the | ||||||
| 24 | Internal Revenue Code. | ||||||
| 25 | (10) Directly for an individual's tuition or other | ||||||
| 26 | educational expenses, except for governmental or political | ||||||
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| 1 | purposes directly related to a candidate's or public | ||||||
| 2 | official's duties and responsibilities. | ||||||
| 3 | (11) For payments to a public official or candidate or | ||||||
| 4 | his or her family member unless for compensation for | ||||||
| 5 | services actually rendered by that person. The provisions | ||||||
| 6 | of this item (11) do not apply to expenditures by a | ||||||
| 7 | political committee for expenses related to providing | ||||||
| 8 | childcare for a minor child or care for a dependent family | ||||||
| 9 | member if the care is reasonably necessary for the public | ||||||
| 10 | official or candidate to fulfill political or governmental | ||||||
| 11 | duties. The provisions of this item (11) do not apply to | ||||||
| 12 | expenditures by a political committee in an aggregate | ||||||
| 13 | amount not exceeding the amount of funds reported to and | ||||||
| 14 | certified by the State Board or county clerk as available | ||||||
| 15 | as of June 30, 1998, in the semi-annual report of | ||||||
| 16 | contributions and expenditures filed by the political | ||||||
| 17 | committee for the period concluding June 30, 1998. | ||||||
| 18 | (b) The Board shall have the authority to investigate, | ||||||
| 19 | upon receipt of a verified complaint, violations of the | ||||||
| 20 | provisions of this Section. The Board may levy a fine on any | ||||||
| 21 | person who knowingly makes expenditures in violation of this | ||||||
| 22 | Section and on any person who knowingly makes a malicious and | ||||||
| 23 | false accusation of a violation of this Section. The Board may | ||||||
| 24 | act under this subsection only upon the affirmative vote of at | ||||||
| 25 | least 5 of its members. The fine shall not exceed $500 for each | ||||||
| 26 | expenditure of $500 or less and shall not exceed the amount of | ||||||
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| 1 | the expenditure plus $500 for each expenditure greater than | ||||||
| 2 | $500. The Board shall also have the authority to render | ||||||
| 3 | rulings and issue opinions relating to compliance with this | ||||||
| 4 | Section. | ||||||
| 5 | (c) Nothing in this Section prohibits the expenditure of | ||||||
| 6 | funds of a political committee controlled by an officeholder | ||||||
| 7 | or by a candidate to defray the customary and reasonable | ||||||
| 8 | expenses of an officeholder in connection with the performance | ||||||
| 9 | of governmental and public service functions. | ||||||
| 10 | (d) Nothing in this Section prohibits the funds of a | ||||||
| 11 | political committee which is controlled by a person convicted | ||||||
| 12 | of a violation of any of the offenses listed in subsection (a) | ||||||
| 13 | of Section 10 of the Public Corruption Profit Forfeiture Act | ||||||
| 14 | from being forfeited to the State under Section 15 of the | ||||||
| 15 | Public Corruption Profit Forfeiture Act. | ||||||
| 16 | (Source: P.A. 102-15, eff. 6-17-21.) | ||||||
| 17 | (10 ILCS 5/9-8.11 new) | ||||||
| 18 | Sec. 9-8.11. Use of funds for security purposes. A | ||||||
| 19 | political committee may make expenditures to provide for | ||||||
| 20 | personal security services and security enhancements to a | ||||||
| 21 | candidate's personal home or office, including, but not | ||||||
| 22 | limited to, security systems, cameras, walls, fences, or other | ||||||
| 23 | physical structures, if the expenditures are reasonably | ||||||
| 24 | related to protecting the candidate from harm. This Section | ||||||
| 25 | applies to all expenditures made by a political committee | ||||||
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| 1 | after the 2024 general election. | ||||||
