Public Act 099-0437
 
SB0248 EnrolledLRB099 02956 MGM 22964 b



    AN ACT concerning elections.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Election Code is amended  by changing Section 
9-10 as follows:
 
    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)

    Sec. 9-10. Disclosure of contributions and expenditures.


    (a) The treasurer of every political committee shall file 
with the
Board reports of campaign contributions and 
expenditures as required by this Section on forms to be

prescribed or approved by the Board.


    (b) Every political committee shall file quarterly reports 
of campaign contributions, expenditures, and independent 
expenditures. The reports shall cover the period January 1 
through March 31, April 1 through June 30, July 1 through 
September 30, and October 1 through December 31 of each year. A 
political committee shall file quarterly reports no later than 
the 15th day of the month following each period. Reports of 
contributions and expenditures must be filed to cover the 
prescribed time periods even though no contributions or 
expenditures may have been received or made during the period. 
The Board shall assess a civil penalty not to exceed $5,000 for 
failure to file a report required by this subsection. The fine, 
however, shall not exceed $1,000 for a first violation if the 
committee files less than 10 days after the deadline. There 
shall be no fine if the report is mailed and postmarked at 
least 72 hours prior to the filing deadline. When considering 
the amount of the fine to be imposed, the Board shall consider 
whether the violation was committed inadvertently, 
negligently, knowingly, or intentionally and any past 
violations of this Section.
    (c) A political committee shall file a report of any 
contribution of $1,000 or more  electronically with the Board 
within 5 business days after receipt of the contribution, 
except that the report shall be filed within 2 business days 
after receipt if (i) the contribution is received 30 or fewer 
days  before the date of an election and (ii) the political 
committee supports or opposes a candidate or public question on 
the ballot at that election or makes expenditures in excess of 
$500 on behalf of or in opposition to a candidate, candidates,  
a public question, or public questions  on the ballot at that 
election.
The State Board shall allow filings of reports of 
contributions of $1,000 or more by political committees that 
are not required to file electronically to be made by facsimile 
transmission.  The Board shall assess a civil penalty for 
failure to file a report required by this subsection. Failure 
to report each contribution is a separate violation of this 
subsection. The Board shall impose fines for willful or wanton 
violations of this  subsection (c) not to exceed 150% of the 
total amount of the contributions that were untimely reported, 
but in no case shall it be less than 10% of the total amount of 
the contributions that were untimely reported. When 
considering the amount of the fine to be imposed for willful or 
wanton violations, the Board shall consider the number of days 
the contribution was reported late and past violations of this 
Section and Section 9-3. The Board may impose a fine for 
negligent or inadvertent violations of this subsection not to 
exceed 50% of the total amount of the contributions that were 
untimely reported, or the Board may waive the fine. When 
considering whether to impose a fine and the amount of the 
fine, the Board shall consider the following factors: (1) 
whether the political committee made an attempt to disclose the 
contribution and any attempts made to correct the violation, 
(2) whether the violation is attributed to a clerical or 
computer error, (3) the amount of the contribution, (4) whether 
the violation arose from a discrepancy between the date the 
contribution was reported transferred by a political committee 
and the date the contribution was received by a political 
committee, (5) the number of days the contribution was reported 
late, and (6) past violations of this Section and Section 9-3 
by the political committee.
    (d) For the purpose of this Section, a contribution is 
considered received on the date (i) a monetary contribution was 
deposited in a bank, financial institution, or other repository 
of funds for the committee, (ii) the date a committee receives 
notice a monetary contribution was deposited by an entity used 
to process financial transactions by credit card or other 
entity used for processing a monetary contribution that was 
deposited in a bank, financial institution, or other repository 
of funds for the committee, or (iii) the public official, 
candidate, or political committee receives the notification of 
contribution of goods or services as required under subsection 
(b) of Section 9-6.
    (e) A political committee that makes independent 
expenditures of $1,000 or more shall file a report 
electronically with the Board within 5 business days after 
making the independent expenditure, except that the report 
shall be filed within 2 business days after making the 
independent expenditure during the 60-day period before an 
election during the period 30 days or fewer before an election 
shall electronically file a report with the Board within 5 
business days after making the independent expenditure. The 
report shall contain the information required in Section 
9-11(c) of this Article.

    (e-5) An independent expenditure committee that makes an 
independent expenditure supporting or opposing a public 
official or candidate that, alone or  in combination with any 
other independent expenditure made by that independent 
expenditure committee supporting or opposing that public 
official or candidate during the election cycle,  equals an 
aggregate value of more than (i) $250,000 for statewide office 
or (ii) $100,000 for all other elective offices must file a 
written disclosure with the State Board of Elections within 2 
business days after making any expenditure that results in the 
independent expenditure committee exceeding the applicable 
threshold. The Board shall assess a civil penalty against an 
independent expenditure committee for failure to file the 
disclosure required by this subsection not to exceed (i) $500 
for an initial failure to file the required disclosure and (ii) 
$1,000 for each subsequent failure to file the required 
disclosure. 






    (f) A copy of each report or statement filed under this 
Article
shall be
preserved by the person filing it for a period 
of two years from the
date of filing.


(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)