HB4032 103RD GENERAL ASSEMBLY

LRB103 31647 BMS 60113 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4032

Introduced 4/19/2023, by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-25.1	from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
10 ILCS 5/9-25.2
10 ILCS 5/9-26	from Ch. 46, par. 9-26

Amends the Disclosure and Regulation of Campaign Contributions and Expenditures Article of the Election Code. In provisions concerning criminal penalties for election interference, provides that, in addition to criminal penalties, the State Board of Elections may impose a civil penalty of up to $5,000 for the first violation of the provisions and up to $10,000 for a second or subsequent violation of the provisions. In provisions concerning criminal penalties for unlawful contributions to a candidate or treasurer of a political committee, provides that, in addition to criminal penalties, the State Board of Elections may impose upon a person or political committee found to have violated the provisions a civil penalty of up to $500 for each contribution of $500 or less and up to the amount of the contribution plus $500 for each contribution greater than $500. Provides that the appropriate State's Attorney or the Attorney General, if prosecuting a violation of the Article, shall bring the action in the name of the people of the State of Illinois (rather than the State's Attorney or the Attorney General shall bring the action).

A BILL FOR

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 Sections 9-25.1, 9-25.2, and 9-26 as follows:

(10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch.

46, pars. 102, 103 and 104)

Sec. 9-25.1. Election interference.

(a) As used in this Section, "public funds" means any funds appropriated by the Illinois General Assembly or by any political subdivision of the State of Illinois.

(b) No public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated for political or campaign purposes to any candidate or political organization. This Section shall not prohibit the use of public funds for dissemination of factual information relative to any proposition appearing on an election ballot, or for dissemination of information and arguments published and distributed under law in connection with a proposition to amend the Constitution of the State of Illinois.

(c) The first time any person violates any provision of this Section, that person shall be guilty of a Class B misdemeanor. Upon the second or any subsequent violation of any provision of this Section, the person violating any provision of this Section shall be guilty of a Class A misdemeanor.

(d) In addition to the criminal penalties set forth in subsection (c), the State Board of Elections may impose a civil penalty of up to $5,000 for the first violation of this Section and up to $10,000 for a second or subsequent violation of this Section.

(Source: P.A. 87-1052.)

(10 ILCS 5/9-25.2)

Sec. 9-25.2. Contributions; candidate or treasurer of political committee.

(a) No candidate may knowingly receive any contribution solicited or received in violation of Section 33-3.1 or Section 33-3.2 of the Criminal Code of 2012.

(b) The receipt of political contributions in violation of this Section shall constitute a Class A misdemeanor.

The appropriate State's Attorney or the Attorney General shall bring actions in the name of the people of the State of Illinois.

(c) In addition to the criminal penalties set forth in subsection (b), the State Board of Elections may impose upon a person or political committee found to have violated this Section a civil penalty of (i) up to $500 for each contribution of $500 or less and (ii) up to the amount of the contribution plus $500 for each contribution greater than $500.

(Source: P.A. 97-1150, eff. 1-25-13.)

(10 ILCS 5/9-26) (from Ch. 46, par. 9-26)

Sec. 9-26. The State Board of Elections may impose a civil penalty for willful Willful failure to file or willful filing of false or incomplete information required by this Article in an amount shall constitute a business offense subject to a fine of up to $5,000.

Willful filing of a false complaint under this Article shall constitute a Class B misdemeanor.

A prosecution for any offense designated by this Article shall be commenced no later than 18 months after the commission of the offense.

The appropriate State's Attorney or the Attorney General, if prosecuting a violation of this Article, shall bring the action such actions in the name of the people of the State of Illinois.

(Source: P.A. 90-737, eff. 1-1-99.)