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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||
5 | Section 9-10 as follows: | |||||||||||||||||||
6 | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
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7 | Sec. 9-10. Disclosure of contributions and expenditures.
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8 | (a) The treasurer of every political committee shall file | |||||||||||||||||||
9 | with the
Board reports of campaign contributions and | |||||||||||||||||||
10 | expenditures as required by this Section on forms to be
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11 | prescribed or approved by the Board.
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12 | (b) Every political committee shall file quarterly reports | |||||||||||||||||||
13 | of campaign contributions, expenditures, and independent | |||||||||||||||||||
14 | expenditures. The reports shall cover the period January 1 | |||||||||||||||||||
15 | through March 31, April 1 through June 30, July 1 through | |||||||||||||||||||
16 | September 30, and October 1 through December 31 of each year. A | |||||||||||||||||||
17 | political committee shall file quarterly reports no later than | |||||||||||||||||||
18 | the 15th day of the month following each period. Reports of | |||||||||||||||||||
19 | contributions and expenditures must be filed to cover the | |||||||||||||||||||
20 | prescribed time periods even though no contributions or | |||||||||||||||||||
21 | expenditures may have been received or made during the period. | |||||||||||||||||||
22 | The Board shall assess a civil penalty not to exceed $5,000 for | |||||||||||||||||||
23 | failure to file a report required by this subsection. The |
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1 | fine, however, shall not exceed $1,000 for a first violation | ||||||
2 | if the committee files less than 10 days after the deadline. | ||||||
3 | There shall be no fine if the report is mailed and postmarked | ||||||
4 | at least 72 hours prior to the filing deadline. When | ||||||
5 | considering the amount of the fine to be imposed, the Board | ||||||
6 | shall consider whether the violation was committed | ||||||
7 | inadvertently, negligently, knowingly, or intentionally and | ||||||
8 | any past violations of this Section. | ||||||
9 | (c) A political committee shall file a report of any | ||||||
10 | contribution of $1,000 or more electronically with the Board | ||||||
11 | within 5 business days after receipt of the contribution, | ||||||
12 | except that the report shall be filed within 2 business days | ||||||
13 | after receipt if (i) the contribution is received 30 or fewer | ||||||
14 | days before the date of an election and (ii) the political | ||||||
15 | committee supports or opposes a candidate or public question | ||||||
16 | on the ballot at that election or makes expenditures in excess | ||||||
17 | of $500 on behalf of or in opposition to a candidate, | ||||||
18 | candidates, a public question, or public questions on the | ||||||
19 | ballot at that election.
The State Board shall allow filings | ||||||
20 | of reports of contributions of $1,000 or more by political | ||||||
21 | committees that are not required to file electronically to be | ||||||
22 | made by facsimile transmission. The Board shall assess a civil | ||||||
23 | penalty for failure to file a report required by this | ||||||
24 | subsection. Failure to report each contribution is a separate | ||||||
25 | violation of this subsection. The Board shall impose fines for | ||||||
26 | willful or wanton violations of this subsection (c) not to |
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1 | exceed 150% of the total amount of the contributions that were | ||||||
2 | untimely reported, but in no case shall it be less than 10% of | ||||||
3 | the total amount of the contributions that were untimely | ||||||
4 | reported. When considering the amount of the fine to be | ||||||
5 | imposed for willful or wanton violations, the Board shall | ||||||
6 | consider the number of days the contribution was reported late | ||||||
7 | and past violations of this Section and Section 9-3. The Board | ||||||
8 | may impose a fine for negligent or inadvertent violations of | ||||||
9 | this subsection not to exceed 50% of the total amount of the | ||||||
10 | contributions that were untimely reported, or the Board may | ||||||
11 | waive the fine. When considering whether to impose a fine and | ||||||
12 | the amount of the fine, the Board shall consider the following | ||||||
13 | factors: (1) whether the political committee made an attempt | ||||||
14 | to disclose the contribution and any attempts made to correct | ||||||
15 | the violation, (2) whether the violation is attributed to a | ||||||
16 | clerical or computer error, (3) the amount of the | ||||||
17 | contribution, (4) whether the violation arose from a | ||||||
18 | discrepancy between the date the contribution was reported | ||||||
19 | transferred by a political committee and the date the | ||||||
20 | contribution was received by a political committee, (5) the | ||||||
21 | number of days the contribution was reported late, and (6) | ||||||
22 | past violations of this Section and Section 9-3 by the | ||||||
23 | political committee. | ||||||
24 | (d) For the purpose of this Section, a contribution is | ||||||
25 | considered received on the date (i) a monetary contribution | ||||||
26 | was deposited in a bank, financial institution, or other |
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1 | repository of funds for the committee, (ii) the date a | ||||||
2 | committee receives notice a monetary contribution was | ||||||
3 | deposited by an entity used to process financial transactions | ||||||
4 | by credit card or other entity used for processing a monetary | ||||||
5 | contribution that was deposited in a bank, financial | ||||||
6 | institution, or other repository of funds for the committee, | ||||||
7 | or (iii) the public official, candidate, or political | ||||||
8 | committee receives the notification of contribution of goods | ||||||
9 | or services as required under subsection (b) of Section 9-6. | ||||||
10 | (e) A political committee that makes independent | ||||||
11 | expenditures of $1,000 or more shall file a report | ||||||
12 | electronically with the Board within 5 business days after | ||||||
13 | making the independent expenditure, except that the report | ||||||
14 | shall be filed within 2 business days after making the | ||||||
15 | independent expenditure during the 60-day period before an | ||||||
16 | election.
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17 | (e-5) An independent expenditure committee that makes an | ||||||
18 | independent expenditure supporting or opposing a public | ||||||
19 | official or candidate that, alone or in combination with any | ||||||
20 | other independent expenditure made by that independent | ||||||
21 | expenditure committee supporting or opposing that public | ||||||
22 | official or candidate during the election cycle, equals an | ||||||
23 | aggregate value of more than (i) $250,000 for statewide office | ||||||
24 | or (ii) $100,000 for all other elective offices must file a | ||||||
25 | written disclosure with the State Board of Elections within 2 | ||||||
26 | business days after making any expenditure that results in the |
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1 | independent expenditure committee exceeding the applicable | ||||||
2 | threshold. The Board shall assess a civil penalty against an | ||||||
3 | independent expenditure committee for failure to file the | ||||||
4 | disclosure required by this subsection not to exceed (i) $500 | ||||||
5 | for an initial failure to file the required disclosure and | ||||||
6 | (ii) $1,000 for each subsequent failure to file the required | ||||||
7 | disclosure.
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8 | (f) A copy of each report or statement filed under this | ||||||
9 | Article
shall be
preserved by the person filing it for a period | ||||||
10 | of two years from the
date of filing.
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11 | (g) Political committees shall include a copy or image of | ||||||
12 | any receipt received for any expenditure that must be reported | ||||||
13 | under this Section. The Board may adopt rules to implement the | ||||||
14 | requirements of this subsection (g). | ||||||
15 | (Source: P.A. 99-437, eff. 1-1-16 .)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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