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90_HB0729enr
10 ILCS 5/9-3 from Ch. 46, par. 9-3
10 ILCS 5/9-4 from Ch. 46, par. 9-4
10 ILCS 5/9-5 from Ch. 46, par. 9-5
10 ILCS 5/9-6.5 new
10 ILCS 5/9-11 from Ch. 46, par. 9-11
10 ILCS 5/9-12 from Ch. 46, par. 9-12
10 ILCS 5/9-13 from Ch. 46, par. 9-13
10 ILCS 5/9-14 from Ch. 46, par. 9-14
10 ILCS 5/9-21 from Ch. 46, par. 9-21
Amends the Election Code. Provides that a political
committee shall file a statement of organization within 10
business days (now 30 days). Deletes requirement that the
statement of organization contain a statement of whether the
committee is a continuing one. Requires a political
committee that dissolves to submit a final report to the
State Board of Elections regarding the disposition of its
funds and assets (now funds). Requires an individual who
makes a contribution to a political committee during the
specified reporting period in excess of $150 to identify his
or her occupation and employer. Deletes the requirement that
the scope, area of activity, party affiliation, and purpose
of the political committee be included in reports of campaign
contributions. Requires the State Board of Elections to
render a final decision on a complaint within 60 days (now 42
days if the complaint is directed to an elected public
official or 21 days if the complaint is directed to a
candidate) of receiving a complaint except when the complaint
is filed during the 60 days before an election. Makes other
changes. Effective January 1, 1998.
LRB9000666MWpc
HB0729 Enrolled LRB9000666MWpc
1 AN ACT to amend the Election Code by changing Sections
2 9-3, 9-4, 9-5, 9-11, 9-12, 9-13, 9-14, 9-17, and 9-21 and by
3 adding Section 9-28.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Election Code is amended by changing
7 Sections 9-3, 9-4, 9-5, 9-11, 9-12, 9-13, 9-14, 9-17, and
8 9-21 and by adding Section 9-28 as follows:
9 (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
10 Sec. 9-3. Every state political committee and every
11 local political committee shall file with the State Board of
12 Elections, and every local political committee shall file
13 with the county clerk, a statement of organization within 10
14 business 30 days of the creation of such committee, except
15 any political committee created within the 30 days before an
16 election shall file a statement of organization within 5
17 business days. A political committee that acts as both a
18 state political committee and a local political committee
19 shall file a copy of each statement of organization with the
20 State Board of Elections and the county clerk.
21 The statement of organization shall include -
22 (a) the name and address of the political committee;
23 (b) the scope, area of activity, party affiliation,
24 candidate affiliation and his county of residence, and
25 purposes of the political committee;
26 (c) the name, address, and position of each custodian of
27 the committee's books and accounts;
28 (d) the name, address, and position of the committee's
29 principal officers, including the chairman, treasurer, and
30 officers and members of its finance committee, if any;
31 (e) (Blank); a statement whether the committee is a
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1 continuing one;
2 (f) a statement of what specific disposition of residual
3 fund will be made in the event of the dissolution or
4 termination of the committee;
5 (g) a listing of all banks or other financial
6 institutions, safety deposit boxes, and any other
7 repositories or custodians of funds used by the committee;
8 (h) the amount of funds available for campaign
9 expenditures as of the filing date of the committee's
10 statement of organization.
11 (Source: P.A. 86-873.)
12 (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
13 Sec. 9-4. The statement of organization required by this
14 Article to be filed in accordance with Section 9-3 shall be
15 verified, dated, and signed by either the treasurer of the
16 political committee making the statement or the candidate on
17 whose behalf the statement is made, and shall contain
18 substantially the following:
19 STATEMENT OF ORGANIZATION
20 (a) name and address of the political committee:
21 .............................................................
22 (b) scope, area of activity, party affiliation,
23 candidate affiliation and his county of residence, and
24 purposes of the political committee:
25 .............................................................
26 .............................................................
27 .............................................................
28 .............................................................
29 (c) name, address, and position of each custodian of the
30 committee's books and accounts:
31 .............................................................
32 .............................................................
33 (d) name, address, and position of the committee's
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1 principal officers, including the chairman, treasurer, and
2 officers and members of its finance committee, if any:
3 .............................................................
4 .............................................................
5 .............................................................
6 (e) a statement whether the committee is a continuing
7 one:
8 .............................................................
9 (e) (f) a statement of what specific disposition of
10 residual funds will be made in the event of the dissolution
11 or termination of the committee:
12 .............................................................
13 .............................................................
14 (f) (g) a listing of all banks or other financial
15 institutions, safety deposit boxes, and any other
16 repositories or custodians of funds used by the committee:
17 .............................................................
18 .............................................................
19 (g) (h) the amount of funds available for campaign
20 expenditures as of the filing date of the committee's
21 statement of organization:
22 .............................................................
23 VERIFICATION:
24 "I declare that this statement of organization (including
25 any accompanying schedules and statements) has been examined
26 by me and to the best of my knowledge and belief is a true,
27 correct and complete statement of organization as required by
28 Article 9 of The Election Code. I understand that the penalty
29 for willfully filing a false or incomplete statement shall be
30 a fine not to exceed $500 or imprisonment in a penal
31 institution other than the penitentiary not to exceed 6
32 months, or both fine and imprisonment."
33 ................ ..........................................
34 (date of filing) (signature of person making the statement)
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1 (Source: P.A. 86-873.)
2 (10 ILCS 5/9-5) (from Ch. 46, par. 9-5)
3 Sec. 9-5. Any change in information previously
4 submitted in a statement of organization except for
5 information submitted under Section 9-3 (h) shall be
6 reported, as required of statements of organization by
7 Section 9-3 of this Article, within 10 days following such
8 change.
9 Any political committee which, after having filed a
10 statement of organization, dissolves as a political committee
11 or determines that it will no longer receive any campaign
12 contributions nor make any campaign expenditures shall notify
13 the Board, or the Board and the county clerk, as required of
14 statements of organization by Section 9-3 of this Article, of
15 that fact and file with the Board, or the Board and the
16 county clerk, as required of statements of organization by
17 Section 9-3 of this Article, a final report with respect to
18 its contributions and expenditures, including the final
19 disposition of its funds and assets.
20 In the event that a political committee dissolves, all
21 contributions in its possession, after payment of the
22 committee's outstanding liabilities, including staff
23 salaries, shall be refunded to the contributors in amounts
24 not exceeding their individual contributions, or transferred
25 to other political or charitable organizations consistent
26 with the positions of the committee or the candidates it
27 represented. In no case shall these funds be used for the
28 personal aggrandizement of any committee member or campaign
29 worker.
30 (Source: P.A. 86-873.)
31 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
32 Sec. 9-11. Each report of campaign contributions under
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1 Section 9-10 shall disclose-
2 (1) the name and address of the political committee;
3 (2) (Blank); the scope, area of activity, party
4 affiliation, candidate affiliation, and purposes of the
5 political committee;
6 (3) the amount of funds on hand at the beginning of the
7 reporting period;
8 (4) the full name and mailing address of each person who
9 has made one or more contributions to or for such committee
10 within the reporting period in an aggregate amount or value
11 in excess of $150, together with the amount and date of such
12 contributions;
13 (5) the total sum of individual contributions made to or
14 for such committee during the reporting period and not
15 reported under item (4);
16 (6) the name and address of each political committee
17 from which the reporting committee received, or to which that
18 committee made, any transfer of funds, in any aggregate
19 amount or value in excess of $150, together with the amounts
20 and dates of all transfers;
21 (7) the total sum of transfers made to or from such
22 committee during the reporting period and not reported under
23 item (6);
24 (8) each loan to or from any person within the reporting
25 period by or to such committee in an aggregate amount or
26 value in excess of $150, together with the full names and
27 mailing addresses of the lender and endorsers, if any, and
28 the date and amount of such loans;
29 (9) the total amount of proceeds received by such
30 committee from (a) the sale of tickets for each dinner,
31 luncheon, cocktail party, rally, and other fund-raising
32 events; (b) mass collections made at such events; and (c)
33 sales of items such as political campaign pins, buttons,
34 badges, flags, emblems, hats, banners, literature, and
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1 similar materials;
2 (10) each contribution, rebate, refund, or other receipt
3 in excess of $150 received by such committee not otherwise
4 listed under items (4) through (9);
5 (11) the total sum of all receipts by or for such
6 committee or candidate during the reporting period.
7 The reports of campaign contributions filed under this
8 Article shall be cumulative during the reporting period to
9 which they relate, but where there has been no change in an
10 item reported in a previous report during such year, only the
11 amount need be carried forward.
12 (Source: P.A. 86-873.)
13 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
14 Sec. 9-12. Each report of campaign contributions
15 required by Section 9-10 of this Article to be filed with the
16 Board or the Board and the county clerk shall be verified,
17 dated, and signed by either the treasurer of the political
18 committee making the report or the candidate on whose behalf
19 the report is made, and shall contain substantially the
20 following:
21 REPORT OF CAMPAIGN CONTRIBUTIONS
22 (1) name and address of the political committee:
23 .............................................................
24 (2) scope, area of activity, party affiliation, candidate
25 affiliation, and purposes of the political committee:
26 .............................................................
27 .............................................................
28 .............................................................
29 .............................................................
30 (3) the date of the beginning of the reporting period, and
31 the amount of funds on hand at the beginning of the reporting
32 period:
33 .............................................................
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1 (3) (4) the full name and mailing address of each person who
2 has made one or more contributions to or for the committee
3 within the reporting period in an aggregate amount or value
4 in excess of $150, together with the amount and date of such
5 contributions:
6 name address amount date
7 .......... .......... .......... ..........
8 .......... .......... .......... ..........
9 .......... .......... .......... ..........
10 .......... .......... .......... ..........
11 .......... .......... .......... ..........
12 (4) (5) the total sum of individual contributions made to or
13 for the committee during the reporting period and not
14 reported under item (3) (4) -
15 .............................................................
16 (5) (6) the name and address of each political committee
17 from which the reporting committee received, or to which that
18 committee made, any transfer of funds, in an aggregate amount
19 or value in excess of $150, together with the amounts and
20 dates of all transfers:
21 name address amount date
22 .......... .......... .......... ..........
23 .......... .......... .......... ..........
24 .......... .......... .......... ..........
25 (6) (7) the total sum of transfers made to or from such
26 committee during the reporting period and not under item (5)
27 (6):
28 .............................................................
29 (7) (8) each loan to or from any person within the reporting
30 period by or to the committee in an aggregate amount or value
31 in excess of $150, together with the full names and mailing
32 addresses of the lender and endorsers, if any, and the date
33 and amount of such loans:
34 (8) (9) the total amount of proceeds received by the
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1 committee from (a) the sale of tickets for each dinner,
2 luncheon, cocktail party, rally, and other fund-raising
3 events; (b) mass collections made at such events; and (c)
4 sales of items such as political campaign pins, buttons,
5 badges, flags, emblems, hats, banners, literature, and
6 similar materials:
7 (a)..........................................................
8 (b)..........................................................
9 (c)..........................................................
10 (9) (10) each contribution, rebate, refund, or other receipt
11 in excess of $150 received by the committee not otherwise
12 listed under items (3) (4) through (8) (9):
13 name address amount date
14 .......... .......... .......... ..........
15 .......... .......... .......... ..........
16 (10) (11) the total sum of all receipts by or for the
17 committee during the reporting period:
18 .............................................................
19 VERIFICATION:
20 "I declare that this report of campaign contributions
21 (including any accompanying schedules and statements) has
22 been examined by me and to the best of my knowledge and
23 belief is a true, correct and complete report as required by
24 Article 9 of The Election Code. I understand that the penalty
25 for willfully filing a false or incomplete statement shall be
26 a fine not to exceed $500 or imprisonment in a penal
27 institution other than the penitentiary not to exceed 6
28 months, or both fine and imprisonment."
29 .............................................................
30 (date of filing) (signature of person making the report)
31 (Source: P.A. 86-873.)
32 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
33 Sec. 9-13. Each semi-annual report of campaign
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1 contributions and expenditures under Section 9-10 shall
2 disclose-
3 (1) the name and address of the political committee;
4 (2) (Blank); the scope, area of activity, party
5 affiliation, candidate affiliation, and purposes of the
6 political committee;
7 (3) the amount of funds on hand at the beginning of the
8 reporting period;
9 (4) the full name and mailing address of each person who
10 has made one or more contributions to or for such committee
11 within the reporting period in an aggregate amount or value
12 in excess of $150, together with the amount and date of such
13 contributions;
14 (5) the total sum of individual contributions made to or
15 for such committee during the reporting period and not
16 reported under item (4);
17 (6) the name and address of each political committee
18 from which the reporting committee received, or to which that
19 committee made, any transfer of funds, in the aggregate
20 amount or value in excess of $150, together with the amounts
21 and dates of all transfers;
22 (7) the total sum of transfers made to or from such
23 committee during the reporting period and not reported under
24 item (6);
25 (8) each loan to or from any person within the reporting
26 period by or to such committee in an aggregate amount or
27 value in excess of $150, together with the full names and
28 mailing addresses of the lender and endorsers, if any, and
29 the date and amount of such loans;
30 (9) the total amount of proceeds received by such
31 committee from (a) the sale of tickets for each dinner,
32 luncheon, cocktail party, rally, and other fund-raising
33 events; (b) mass collections made at such events; and (c)
34 sales of items such as political campaign pins, buttons,
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1 badges, flags, emblems, hats, banners, literature, and
2 similar materials;
3 (10) each contribution, rebate, refund, or other receipt
4 in excess of $150 received by such committee not otherwise
5 listed under items (4) through (9);
6 (11) the total sum of all receipts by or for such
7 committee or candidate during the reporting period;
8 (12) the full name and mailing address of each person to
9 whom expenditures have been made by such committee or
10 candidate within the reporting period in an aggregate amount
11 or value in excess of $150, the amount, date, and purpose of
12 each such expenditure and the question of public policy or
13 the name and address of, and office sought by, each candidate
14 on whose behalf such expenditure was made;
15 (13) the full name and mailing address of each person to
16 whom an expenditure for personal services, salaries, and
17 reimbursed expenses in excess of $150 has been made, and
18 which is not otherwise reported, including the amount, date,
19 and purpose of such expenditure;
20 (14) the total sum of expenditures made by such
21 committee during the reporting period;
22 (15) the full name and mailing address of each person to
23 whom the committee owes debts or obligations in excess of
24 $150, and the amount of such debts or obligations.
25 (Source: P.A. 86-873.)
26 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
27 Sec. 9-14. Each semi-annual report of campaign
28 contributions and expenditures required by Section 9-10 of
29 this Article to be filed with the Board or the Board and the
30 county clerk shall be verified, dated, and signed by either
31 the treasurer of the political committee making the report or
32 the candidate on whose behalf the report is made, and shall
33 contain substantially the following:
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1 SEMI-ANNUAL REPORT OF CAMPAIGN
2 CONTRIBUTIONS AND EXPENDITURES
3 (1) name and address of the political committee:
4 .............................................................
5 (2) scope, area of activity, party affiliation, candidate
6 affiliation, and purposes of the political committee:
7 .............................................................
8 .............................................................
9 .............................................................
10 .............................................................
11 (3) 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) (4) the full name and mailing address of each person who
16 has made one or more contributions to or for the committee
17 within the reporting period in an aggregate amount or value
18 in excess of $150, together with the amount and date of such
19 contributions:
20 name address amount date
21 .......... .......... .......... ..........
22 .......... .......... .......... ..........
23 .......... .......... .......... ..........
24 .......... .......... .......... ..........
25 .......... .......... .......... ..........
26 (4) (5) the total sum of individual contributions made to or
27 for the committee during the reporting period and not
28 reported under item--(3) (4):
29 .............................................................
30 (5) (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 an aggregate amount
33 or value in excess of $150, together with the amounts and
34 dates of all transfers:
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1 name address amount date
2 .......... .......... .......... ..........
3 .......... .......... .......... ..........
4 .......... .......... .......... ..........
5 (6) (7) the total sum of transfers made to or from such
6 committee during the reporting period and not reported under
7 item (5) (6);
8 (7) (8) each loan to or from any person within the reporting
9 period by or to the committee in an aggregate amount or value
10 in excess of $150, together with the full names and mailing
11 addresses of the lender and endorsers, if any, and the date
12 and amount of such loans:
13 name address amount date endorsers
14 .......... .......... ........ ........ ..........
15 .......... .......... ........ ........ ..........
16 .......... .......... ........ ........ ..........
17 (8) (9) the total amount of proceeds received by the
18 committee from (a) the sale of tickets for each dinner,
19 luncheon, cocktail party, rally, and other fund-raising
20 events; (b) mass collections made at such events; and (c)
21 sales of items such as political campaign pins, buttons,
22 badges, flags, emblems, hats, banners, literature, and
23 similar materials:
24 (a)..........................................................
25 (b)..........................................................
26 (c)..........................................................
27 (9) (10) each contribution, rebate, refund, or other receipt
28 in excess of $150 received by the committee not otherwise
29 listed under items (3) (4) through (8) (9):
30 name address amount date
31 .......... .......... .......... ..........
32 .......... .......... .......... ..........
33 (10) (11) the total sum of all receipts by or for the
34 committee during the reporting period:
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1 .............................................................
2 (11) (12) the full name and mailing address of each person
3 to whom expenditures have been made by the committee within
4 the reporting period in an aggregate amount or value in
5 excess of $150, the amount, date, and purpose of each such
6 expenditure, and the question of public policy or the name
7 and address of, and office sought by, each candidate on whose
8 behalf the expenditure was made:
9 name address amount date purpose beneficiary
10 .......... ....... ...... .... ....... ...........
11 .......... ....... ...... .... ....... ...........
12 .......... ....... ...... .... ....... ...........
13 .......... ....... ...... .... ....... ...........
14 .......... ....... ...... .... ....... ...........
15 (12) (13) the full name and mailing address of each person
16 to whom an expenditure for personal services, salaries, and
17 reimbursed expenses in excess of $150 has been made, and
18 which is not otherwise reported, including the amount, date,
19 and purpose of such expenditure:
20 name address amount date purpose
21 .......... .......... ........ ........ ..........
22 .......... .......... ........ ........ ..........
23 .......... .......... ........ ........ ..........
24 (13) (14) the total sum of expenditures made by the
25 committee during the reporting period;
26 .............................................................
27 (14) (15) the full name and mailing address of each person
28 to whom the committee owes debts or obligations in excess of
29 $150, and the amount of such debts or obligations:
30 .............................................................
31 .............................................................
32 VERIFICATION:
33 "I declare that this semi-annual report of campaign
34 contributions and expenditures (including any accompanying
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1 schedules and statements) has been examined by me and to the
2 best of my knowledge and belief is a true, correct and
3 complete report as required by Article 9 of The Election
4 Code. I understand that the penalty for willfully filing a
5 false or incomplete report shall be a fine not to exceed $500
6 or imprisonment in a penal institution other than the
7 penitentiary not to exceed 6 months, or both fine and
8 imprisonment."
9 ................ .......................................
10 (date of filing) (signature of person making the report)
11 (Source: P.A. 86-873.)
12 (10 ILCS 5/9-17) (from Ch. 46, par. 9-17)
13 Sec. 9-17. All statements and reports filed under this
14 Article with the board or county clerk shall be available for
15 examination and copying by the public at all reasonable
16 times. Such person examining a statement or report must first
17 fill out a form prepared by the Board identifying the
18 examiner by name, occupation, address and telephone number,
19 and listing the date of examination and reason for such
20 examination. The board shall supply such forms to the county
21 clerks annually and replenish such forms upon request.
22 The Board or county clerk, as the case may be, shall
23 promptly notify each political committee required to file a
24 statement or report under this Article of each instance of an
25 examination of its statement or report by sending it a
26 duplicate original of the identification form filled out by
27 the person examining its report.
28 Any person who alters or falsifies information on a copy
29 of a statement or report obtained from the State Board of
30 Elections or the county clerk pursuant to Article 9 of this
31 Code and publishes, circulates or distributes such altered or
32 falsified information with the intent to misrepresent
33 contributions received or expenditures made by a candidate or
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1 political committee shall be guilty of a Class B misdemeanor.
2 Any person who shall sell or utilize information copied
3 from statements and reports filed with the State Board of
4 Elections or the county clerk pursuant to Article 9 of this
5 Code for the purpose of soliciting contributions or for the
6 purpose of business solicitation shall be guilty of a Class B
7 misdemeanor.
8 (Source: P.A. 81-310.)
9 (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
10 Sec. 9-21. Upon receipt of such complaint, the Board
11 shall hold a closed preliminary hearing to determine whether
12 or not the complaint appears to have been filed on
13 justifiable grounds. Such closed preliminary hearing shall be
14 conducted as soon as practicable after affording reasonable
15 notice, a copy of the complaint, and an opportunity to
16 testify at such hearing to both the person making the
17 complaint and the person against whom the complaint is
18 directed. If the Board determines that the complaint has not
19 been filed on justifiable grounds, it shall dismiss the
20 complaint without further hearing.
21 Whenever in the judgment of the Board, after affording
22 due notice and an opportunity for a public hearing, any
23 person has engaged or is about to engage in an act or
24 practice which constitutes or will constitute a violation of
25 any provision of this Article or any regulation or order
26 issued thereunder, the Board shall issue an order directing
27 such person to take such action as the Board determines may
28 be necessary in the public interest to correct the violation.
29 In addition, if the act or practice engaged in consists of
30 the failure to file any required report within the time
31 prescribed by this Article, the Board, as part of its order,
32 shall further provide that if, within the 12-month period
33 following the issuance of the order, such person fails to
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1 file within the time prescribed by this Article any
2 subsequent report as may be required, such person may be
3 subject to a civil penalty pursuant to Section 9-23. If the
4 complaint is directed to an elected public official or to the
5 chairman or treasurer of his political committee during a
6 year in which that official is not a candidate seeking
7 nomination for, election to or retention in the same or
8 another office, the Board shall render its final judgment
9 within 42 days of the date the complaint is filed. If the
10 complaint is directed to a candidate seeking nomination for,
11 election to or retention in public office or to the chairman
12 or treasurer of his political committee, The Board shall
13 render its final judgment within 60 21 days of the date the
14 complaint is filed; except that during the 60 days preceding
15 the date of the election in reference to which the complaint
16 is filed, the Board shall render its final judgment within 7
17 days of the date the complaint is filed, and during the 7
18 days preceding such election, the Board shall render such
19 judgment before the date of such election, if possible.
20 At any time prior to the issuance of the Board's final
21 judgment, the parties may dispose of the complaint by a
22 written stipulation, agreed settlement or consent order. Any
23 such stipulation, settlement or order shall, however, be
24 submitted in writing to the Board and shall become effective
25 only if approved by the Board. If the act or practice
26 complained of consists of the failure to file any required
27 report within the time prescribed by this Article, such
28 stipulation, settlement or order may provide that if, within
29 the 12-month period following the approval of such
30 stipulation, agreement or order, the person complained of
31 fails to file within the time prescribed by this Article any
32 subsequent reports as may be required, such person may be
33 subject to a civil penalty pursuant to Section 9-23.
34 Any person filing a complaint pursuant to Section 9-20
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1 may, upon written notice to the other parties and to the
2 Board, voluntarily withdraw the complaint at any time prior
3 to the issuance of the Board's final determination.
4 (Source: P.A. 83-1362.)
5 (10 ILCS 5/9-28 new)
6 Sec. 9-28. Electronic filing and availability. The
7 Board may by rule provide for the optional electronic filing
8 of expenditure and contribution reports. The Board shall
9 promptly make all reports filed under this Article by all
10 political committees publicly available by means of a
11 searchable database that is accessible through the World Wide
12 Web.
13 Section 99. Effective date. This Act takes effect on
14 January 1, 1998, except that this Section, the provisions
15 changing Sec. 9-17 of the Election Code, and the provisions
16 adding Sec. 9-28 to the Election Code take effect upon
17 becoming law.
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