|
|||||||
| |||||||
| |||||||
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 | Sections 7-8, 9-1.4, 9-1.5, 9-1.6, 9-1.7, 9-1.8, 9-1.14, 9-3, | ||||||
6 | 9-4, 9-7.5, 9-10, 9-13, 9-14, 9-21, 9-23, 9-28, and 9-30 and by | ||||||
7 | adding Sections 9-8.5, 9-8.6, 9-23.5, 9-28.5, and 9-40 as | ||||||
8 | follows:
| ||||||
9 | (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
| ||||||
10 | Sec. 7-8. The State central committee shall be composed of | ||||||
11 | one or two
members from each congressional district in the | ||||||
12 | State and shall be elected as
follows:
| ||||||
13 | State Central Committee
| ||||||
14 | (a) Within 30 days after the effective date of this | ||||||
15 | amendatory Act of
1983 the State central committee of each | ||||||
16 | political party shall certify to
the State Board of Elections | ||||||
17 | which of the following alternatives it wishes
to apply to the | ||||||
18 | State central committee of that party.
| ||||||
19 | Alternative A. At the primary in
1970 and at the general | ||||||
20 | primary election held every 4 years thereafter, each primary
| ||||||
21 | elector may vote for one candidate of his party for member of | ||||||
22 | the State
central committee for the congressional district in | ||||||
23 | which he resides.
The candidate receiving the highest number of |
| |||||||
| |||||||
1 | votes shall be declared
elected State central committeeman from | ||||||
2 | the district. A political party
may, in lieu of the foregoing, | ||||||
3 | by a majority vote of delegates at any State
convention of such | ||||||
4 | party, determine to thereafter elect the State central
| ||||||
5 | committeemen in the manner following:
| ||||||
6 | At the county convention held by such political party State | ||||||
7 | central
committeemen shall be elected in the same manner as | ||||||
8 | provided in this
Article for the election of officers of the | ||||||
9 | county central committee, and
such election shall follow the | ||||||
10 | election of officers of the county central
committee. Each | ||||||
11 | elected ward, township or precinct committeeman shall cast
as | ||||||
12 | his vote one vote for each ballot voted in his ward, township, | ||||||
13 | part of a
township or precinct in the last preceding primary | ||||||
14 | election of his
political party. In the case of a county lying | ||||||
15 | partially within one
congressional district and partially | ||||||
16 | within another congressional district,
each ward, township or | ||||||
17 | precinct committeeman shall vote only with respect
to the | ||||||
18 | congressional district in which his ward, township, part of a
| ||||||
19 | township or precinct is located. In the case of a congressional | ||||||
20 | district
which encompasses more than one county, each ward, | ||||||
21 | township or precinct
committeeman residing within the | ||||||
22 | congressional district shall cast as his
vote one vote for each | ||||||
23 | ballot voted in his ward, township, part of a
township or | ||||||
24 | precinct in the last preceding primary election of his
| ||||||
25 | political party for one candidate of his party for member of | ||||||
26 | the State
central committee for the congressional district in |
| |||||||
| |||||||
1 | which he resides and
the Chairman of the county central | ||||||
2 | committee shall report the results of
the election to the State | ||||||
3 | Board of Elections. The State Board of Elections
shall certify | ||||||
4 | the candidate receiving the highest number of votes elected
| ||||||
5 | State central committeeman for that congressional district.
| ||||||
6 | The State central committee shall adopt rules to provide | ||||||
7 | for and govern
the procedures to be followed in the election of | ||||||
8 | members of the State central
committee.
| ||||||
9 | After the
effective date of this amendatory Act of the 91st | ||||||
10 | General
Assembly, whenever a vacancy occurs in the office of | ||||||
11 | Chairman of a State
central committee, or at the end of the | ||||||
12 | term of office of Chairman, the State
central committee of each | ||||||
13 | political party that has selected Alternative A shall
elect a | ||||||
14 | Chairman who shall not be required to be a member of the State | ||||||
15 | Central
Committee. The Chairman shall be a
registered voter in | ||||||
16 | this State and of the same political party as the State
central | ||||||
17 | committee.
| ||||||
18 | Alternative B. Each congressional committee shall, within | ||||||
19 | 30 days after
the adoption of this alternative, appoint a | ||||||
20 | person of the sex opposite that
of the incumbent member for | ||||||
21 | that congressional district to serve as an
additional member of | ||||||
22 | the State central committee until his or her successor
is | ||||||
23 | elected at the general primary election in 1986. Each | ||||||
24 | congressional
committee shall make this appointment by voting | ||||||
25 | on the basis set forth in
paragraph (e) of this Section. In | ||||||
26 | each congressional district at the
general primary election |
| |||||||
| |||||||
1 | held in 1986 and every 4 years thereafter, the
male candidate | ||||||
2 | receiving the highest number of votes of the party's male
| ||||||
3 | candidates for State central committeeman, and the female | ||||||
4 | candidate
receiving the highest number of votes of the party's | ||||||
5 | female candidates for
State central committeewoman, shall be | ||||||
6 | declared elected State central
committeeman and State central | ||||||
7 | committeewoman from the district. At the
general primary | ||||||
8 | election held in 1986 and every 4 years thereafter, if all a
| ||||||
9 | party's candidates for State central committeemen or State | ||||||
10 | central
committeewomen from a congressional district are of the | ||||||
11 | same sex, the candidate
receiving the highest number of votes | ||||||
12 | shall be declared elected a State central
committeeman or State | ||||||
13 | central committeewoman from the district, and, because of
a | ||||||
14 | failure to elect one male and one female to the committee, a | ||||||
15 | vacancy shall be
declared to exist in the office of the second | ||||||
16 | member of the State central
committee from the district. This | ||||||
17 | vacancy shall be filled by appointment by
the congressional | ||||||
18 | committee of the political party, and the person appointed to
| ||||||
19 | fill the vacancy shall be a resident of the congressional | ||||||
20 | district and of the
sex opposite that of the committeeman or | ||||||
21 | committeewoman elected at the general
primary election. Each | ||||||
22 | congressional committee shall make this appointment by
voting | ||||||
23 | on the basis set forth in paragraph (e) of this Section.
| ||||||
24 | The Chairman of a State central committee composed as | ||||||
25 | provided in this
Alternative B must be selected from the | ||||||
26 | committee's members.
|
| |||||||
| |||||||
1 | Except as provided for in Alternative A with respect to the | ||||||
2 | selection of
the Chairman of the State central committee, under | ||||||
3 | both of the foregoing
alternatives, the
State
central
committee | ||||||
4 | of each political party shall be composed of members elected
or | ||||||
5 | appointed from the several congressional districts of the | ||||||
6 | State,
and of no other person or persons whomsoever. The | ||||||
7 | members of the State
central committee shall, within 41 days | ||||||
8 | after each quadrennial election of
the full committee, meet in | ||||||
9 | the city of Springfield and organize
by electing a chairman, | ||||||
10 | and may at such time
elect such officers from among their own | ||||||
11 | number (or otherwise), as they
may deem necessary or expedient. | ||||||
12 | The outgoing chairman of the State
central committee of the | ||||||
13 | party shall, 10 days before the meeting, notify
each member of | ||||||
14 | the State central committee elected at the primary of the
time | ||||||
15 | and place of such meeting. In the organization and proceedings | ||||||
16 | of
the State central committee, each State central committeeman | ||||||
17 | and State
central committeewoman shall have one vote for each | ||||||
18 | ballot voted in his or her
congressional district by the | ||||||
19 | primary electors of his or her party at the
primary election | ||||||
20 | immediately preceding the meeting of the State central
| ||||||
21 | committee. Whenever a vacancy occurs in the State central | ||||||
22 | committee of any
political party, the vacancy shall be filled | ||||||
23 | by appointment of
the chairmen of the county central committees | ||||||
24 | of the
political party
of the counties located within the | ||||||
25 | congressional district in which the vacancy
occurs and,
if | ||||||
26 | applicable, the ward and township committeemen of the
political
|
| |||||||
| |||||||
1 | party in counties of 2,000,000 or more inhabitants located | ||||||
2 | within the
congressional
district. If the congressional | ||||||
3 | district in which the vacancy occurs lies
wholly within a
| ||||||
4 | county of 2,000,000 or more inhabitants, the ward and township | ||||||
5 | committeemen
of the political party in that congressional | ||||||
6 | district shall vote to fill the
vacancy. In voting to fill the | ||||||
7 | vacancy, each chairman of a county central
committee and
each | ||||||
8 | ward and township committeeman in counties of 2,000,000
or
more | ||||||
9 | inhabitants shall have one vote for each ballot voted in each | ||||||
10 | precinct of
the congressional district in which the vacancy | ||||||
11 | exists of
his or her
county, township, or ward cast by the | ||||||
12 | primary electors of his or her party
at the
primary election | ||||||
13 | immediately preceding the meeting to fill the vacancy in the
| ||||||
14 | State
central committee. The person appointed to fill the | ||||||
15 | vacancy shall be a
resident of the
congressional district in | ||||||
16 | which the vacancy occurs, shall be a qualified voter,
and, in a | ||||||
17 | committee composed as provided in Alternative B, shall be of | ||||||
18 | the
same
sex as his or her
predecessor. A political party may, | ||||||
19 | by a majority vote of the
delegates of any State convention of | ||||||
20 | such party, determine to return
to the election of State | ||||||
21 | central committeeman and State central
committeewoman by the | ||||||
22 | vote of primary electors.
Any action taken by a political party | ||||||
23 | at a State convention in accordance
with this Section shall be | ||||||
24 | reported to the State Board of Elections by the
chairman and | ||||||
25 | secretary of such convention within 10 days after such action.
| ||||||
26 | Ward, Township and Precinct Committeemen
|
| |||||||
| |||||||
1 | (b) At the primary in 1972 and
at the general primary | ||||||
2 | election every 4 years thereafter, each primary elector in | ||||||
3 | cities having a
population of 200,000 or over may vote for one | ||||||
4 | candidate of his party in
his ward for ward committeeman. Each | ||||||
5 | candidate for ward committeeman
must be a resident of and in | ||||||
6 | the ward where he seeks to be elected ward
committeeman. The | ||||||
7 | one having the highest number of votes shall be such
ward | ||||||
8 | committeeman of such party for such ward. At the primary | ||||||
9 | election
in 1970 and at the general primary election every 4 | ||||||
10 | years thereafter,
each primary elector in counties containing a | ||||||
11 | population of 2,000,000 or
more, outside of cities containing a | ||||||
12 | population of 200,000 or more, may
vote for one candidate of | ||||||
13 | his party for township committeeman. Each
candidate for | ||||||
14 | township committeeman must be a resident of and in the
township | ||||||
15 | or part of a township (which lies outside of a city having a
| ||||||
16 | population of 200,000 or more, in counties containing a | ||||||
17 | population of
2,000,000 or more), and in which township or part | ||||||
18 | of a township he seeks
to be elected township committeeman. The | ||||||
19 | one having the highest number
of votes shall be such township | ||||||
20 | committeeman of such party for such
township or part of a | ||||||
21 | township. At the primary
in 1970 and at the general primary | ||||||
22 | election every 2 years thereafter, each primary elector,
except | ||||||
23 | in counties having a population of 2,000,000 or over, may vote
| ||||||
24 | for one candidate of his party in his precinct for precinct
| ||||||
25 | committeeman. Each candidate for precinct committeeman must be | ||||||
26 | a bona
fide resident of the precinct where he seeks to be |
| |||||||
| |||||||
1 | elected precinct
committeeman. The one having the highest | ||||||
2 | number of votes shall be such
precinct committeeman of such | ||||||
3 | party for such precinct. The official
returns of the primary | ||||||
4 | shall show the name of the committeeman of each
political | ||||||
5 | party.
| ||||||
6 | Terms of Committeemen. All precinct committeemen elected | ||||||
7 | under the
provisions of this Article shall continue as such | ||||||
8 | committeemen until the
date of the primary to be held in the | ||||||
9 | second year after their election.
Except as otherwise provided | ||||||
10 | in this Section for certain State central
committeemen who have | ||||||
11 | 2 year terms, all State central committeemen, township
| ||||||
12 | committeemen and ward committeemen shall continue as such | ||||||
13 | committeemen
until the date of primary to be held in the fourth | ||||||
14 | year after their
election. However, a vacancy exists in the | ||||||
15 | office of precinct committeeman
when a precinct committeeman | ||||||
16 | ceases to reside in the precinct in which he
was elected and | ||||||
17 | such precinct committeeman shall thereafter neither have
nor | ||||||
18 | exercise any rights, powers or duties as committeeman in that | ||||||
19 | precinct,
even if a successor has not been elected or | ||||||
20 | appointed.
| ||||||
21 | (c) The Multi-Township Central Committee shall consist of | ||||||
22 | the precinct
committeemen of such party, in the multi-township | ||||||
23 | assessing district formed
pursuant to Section 2-10 of the | ||||||
24 | Property Tax Code and shall be organized for the purposes set | ||||||
25 | forth in Section
45-25 of the Township Code. In the | ||||||
26 | organization and proceedings of the
Multi-Township Central |
| |||||||
| |||||||
1 | Committee each precinct committeeman shall have one vote
for | ||||||
2 | each ballot voted in his precinct by the primary electors of | ||||||
3 | his party at
the primary at which he was elected.
| ||||||
4 | County Central Committee
| ||||||
5 | (d) The county central committee of each political party in | ||||||
6 | each
county shall consist of the various township committeemen, | ||||||
7 | precinct
committeemen and ward committeemen, if any, of such | ||||||
8 | party in the county.
In the organization and proceedings of the | ||||||
9 | county central committee,
each precinct committeeman shall | ||||||
10 | have one vote for each ballot voted in
his precinct by the | ||||||
11 | primary electors of his party at the primary at
which he was | ||||||
12 | elected; each township committeeman shall have one vote for
| ||||||
13 | each ballot voted in his township or part of a township as the | ||||||
14 | case may
be by the primary electors of his party at the primary | ||||||
15 | election
for the nomination of candidates for election to the | ||||||
16 | General Assembly
immediately preceding the meeting of the | ||||||
17 | county central committee; and
in the organization and | ||||||
18 | proceedings of the county central committee,
each ward | ||||||
19 | committeeman shall have one vote for each ballot voted in his
| ||||||
20 | ward by the primary electors of his party at the primary | ||||||
21 | election
for the nomination of candidates for election to the | ||||||
22 | General Assembly
immediately preceding the meeting of the | ||||||
23 | county central committee.
| ||||||
24 | Cook County Board of Review Election District Committee
| ||||||
25 | (d-1) Each board of review election district committee of | ||||||
26 | each political
party in Cook County shall consist of the
|
| |||||||
| |||||||
1 | various township committeemen and ward committeemen, if any, of | ||||||
2 | that party in
the portions of the county composing the board of | ||||||
3 | review election district. In
the organization and proceedings | ||||||
4 | of each of the 3 election
district committees, each township | ||||||
5 | committeeman shall have one vote for each
ballot voted in his | ||||||
6 | or her township or part of a township, as the case may be,
by
| ||||||
7 | the primary electors of his or her party at the primary | ||||||
8 | election immediately
preceding the meeting of the board of | ||||||
9 | review election district committee; and
in the organization and | ||||||
10 | proceedings of each of the 3 election district
committees, each | ||||||
11 | ward committeeman shall have one vote for each
ballot voted in
| ||||||
12 | his or her ward or part of that ward, as the case may be, by the | ||||||
13 | primary
electors of his or her party at the primary election | ||||||
14 | immediately preceding the
meeting of the board of review | ||||||
15 | election district committee.
| ||||||
16 | Congressional Committee
| ||||||
17 | (e) The congressional committee of each party in each | ||||||
18 | congressional
district shall be composed of the chairmen of the | ||||||
19 | county central
committees of the counties composing the | ||||||
20 | congressional district, except
that in congressional districts | ||||||
21 | wholly within the territorial limits of
one county, the | ||||||
22 | precinct
committeemen, township committeemen and ward | ||||||
23 | committeemen, if any, of
the party representing the precincts | ||||||
24 | within the limits of the
congressional district, shall compose | ||||||
25 | the congressional committee. A
State central committeeman in | ||||||
26 | each district shall be a member and the
chairman or, when a |
| |||||||
| |||||||
1 | district has 2 State central committeemen, a co-chairman
of the | ||||||
2 | congressional committee, but shall not have the right to
vote | ||||||
3 | except in case of a tie.
| ||||||
4 | In the organization and proceedings of congressional | ||||||
5 | committees
composed of precinct committeemen or township | ||||||
6 | committeemen or ward
committeemen, or any combination thereof, | ||||||
7 | each precinct committeeman
shall have one vote for each ballot | ||||||
8 | voted in his precinct by the primary
electors of his party at | ||||||
9 | the primary at which he was elected, each
township committeeman | ||||||
10 | shall have one vote for each ballot voted in his
township or | ||||||
11 | part of a township as the case may be by the primary
electors | ||||||
12 | of his party at the primary election immediately preceding the
| ||||||
13 | meeting of the congressional committee, and each ward | ||||||
14 | committeeman shall
have one vote for each ballot voted in each | ||||||
15 | precinct of his ward located
in such congressional district by | ||||||
16 | the primary electors of his party at
the primary election | ||||||
17 | immediately preceding the meeting of the
congressional | ||||||
18 | committee; and in the organization and proceedings of
| ||||||
19 | congressional committees composed of the chairmen of the county | ||||||
20 | central
committees of the counties within such district, each | ||||||
21 | chairman of such
county central committee shall have one vote | ||||||
22 | for each ballot voted in
his county by the primary electors of | ||||||
23 | his party at the primary election
immediately preceding the | ||||||
24 | meeting of the congressional committee.
| ||||||
25 | Judicial District Committee
| ||||||
26 | (f) The judicial district committee of each political party |
| |||||||
| |||||||
1 | in each
judicial district shall be composed of the chairman of | ||||||
2 | the county
central committees of the counties composing the | ||||||
3 | judicial district.
| ||||||
4 | In the organization and proceedings of judicial district | ||||||
5 | committees
composed of the chairmen of the county central | ||||||
6 | committees of the
counties within such district, each chairman | ||||||
7 | of such county central
committee shall have one vote for each | ||||||
8 | ballot voted in his county by the
primary electors of his party | ||||||
9 | at the primary election immediately
preceding the meeting of | ||||||
10 | the judicial district committee.
| ||||||
11 | Circuit Court Committee
| ||||||
12 | (g) The circuit court committee of each political party in | ||||||
13 | each
judicial circuit outside Cook County shall be composed of | ||||||
14 | the chairmen
of the county central committees of the counties | ||||||
15 | composing the judicial
circuit.
| ||||||
16 | In the organization and proceedings of circuit court | ||||||
17 | committees, each
chairman of a county central committee shall | ||||||
18 | have one vote for each
ballot voted in his county by the | ||||||
19 | primary electors of his party at the
primary election | ||||||
20 | immediately preceding the meeting of the circuit court
| ||||||
21 | committee.
| ||||||
22 | Judicial Subcircuit Committee
| ||||||
23 | (g-1) The judicial subcircuit committee of each political | ||||||
24 | party in
each judicial subcircuit in a judicial circuit divided | ||||||
25 | into subcircuits
shall be composed of (i) the ward and township | ||||||
26 | committeemen
of the townships and wards composing the judicial |
| |||||||
| |||||||
1 | subcircuit in Cook County and
(ii) the precinct committeemen of | ||||||
2 | the precincts
composing the judicial subcircuit in any county | ||||||
3 | other than Cook County.
| ||||||
4 | In the organization and proceedings of each judicial | ||||||
5 | subcircuit committee,
each township committeeman shall have | ||||||
6 | one vote for each ballot voted in his
township or part of a | ||||||
7 | township, as the case may be, in the judicial
subcircuit by the | ||||||
8 | primary electors of his party at the primary election
| ||||||
9 | immediately preceding the meeting of the judicial subcircuit | ||||||
10 | committee;
each precinct committeeman shall have one vote for | ||||||
11 | each ballot voted in his
precinct or part of a precinct, as the | ||||||
12 | case may be, in the judicial subcircuit
by the primary electors | ||||||
13 | of his party at the primary election immediately
preceding the | ||||||
14 | meeting of the judicial subcircuit committee;
and
each ward | ||||||
15 | committeeman shall have one vote for each ballot voted in his
| ||||||
16 | ward or part of a ward, as the case may be, in the judicial | ||||||
17 | subcircuit by
the primary electors of his party at the primary | ||||||
18 | election immediately
preceding the meeting of the judicial | ||||||
19 | subcircuit committee.
| ||||||
20 | Municipal Central Committee
| ||||||
21 | (h) The municipal central committee of each political party | ||||||
22 | shall be
composed of the precinct, township or ward | ||||||
23 | committeemen, as the case may
be, of such party representing | ||||||
24 | the precincts or wards, embraced in such
city, incorporated | ||||||
25 | town or village. The voting strength of each
precinct, township | ||||||
26 | or ward committeeman on the municipal central
committee shall |
| |||||||
| |||||||
1 | be the same as his voting strength on the county central
| ||||||
2 | committee.
| ||||||
3 | For political parties, other than a statewide political | ||||||
4 | party,
established only within a municipality or
township, the | ||||||
5 | municipal or township managing committee shall be composed
of | ||||||
6 | the party officers of the local established party. The party | ||||||
7 | officers
of a local established party shall be as follows: the | ||||||
8 | chairman and
secretary of the caucus for those municipalities | ||||||
9 | and townships authorized
by statute to nominate candidates by | ||||||
10 | caucus shall serve as party officers
for the purpose of filling | ||||||
11 | vacancies in nomination under Section
7-61; for municipalities | ||||||
12 | and townships authorized by statute or ordinance
to nominate | ||||||
13 | candidates by petition and primary election, the party officers
| ||||||
14 | shall be the party's candidates who are nominated at the | ||||||
15 | primary. If no party
primary was held because of the provisions | ||||||
16 | of Section 7-5, vacancies in
nomination shall be filled by the | ||||||
17 | party's remaining candidates who shall
serve as the party's | ||||||
18 | officers.
| ||||||
19 | Powers
| ||||||
20 | (i) Each committee and its officers shall have the powers | ||||||
21 | usually
exercised by such committees and by the officers | ||||||
22 | thereof, not
inconsistent with the provisions of this Article. | ||||||
23 | The several committees
herein provided for shall not have power | ||||||
24 | to delegate any of their
powers, or functions to any other | ||||||
25 | person, officer or committee, but this
shall not be construed | ||||||
26 | to prevent a committee from appointing from its
own membership |
| |||||||
| |||||||
1 | proper and necessary subcommittees.
| ||||||
2 | (j) The State central committee of a political party which | ||||||
3 | elects it
members by Alternative B under paragraph (a) of this | ||||||
4 | Section shall adopt a
plan to give effect to the delegate | ||||||
5 | selection rules of the national political
party and file a copy | ||||||
6 | of such plan with the State Board of Elections when
approved by | ||||||
7 | a national political party.
| ||||||
8 | (k) For the purpose of the designation of a proxy by a | ||||||
9 | Congressional
Committee to vote in place of an
absent State | ||||||
10 | central committeeman or committeewoman at meetings of the
State | ||||||
11 | central committee of a political party which elects its members | ||||||
12 | by
Alternative B under paragraph (a) of this Section, the proxy | ||||||
13 | shall be
appointed by the vote of the ward and township | ||||||
14 | committeemen, if any, of the
wards and townships which lie | ||||||
15 | entirely or partially within the
Congressional District from | ||||||
16 | which the absent State central committeeman or
committeewoman | ||||||
17 | was elected and the vote of the chairmen of the county
central | ||||||
18 | committees of those counties which lie entirely or partially | ||||||
19 | within
that Congressional District and in which there are no | ||||||
20 | ward or township
committeemen. When voting for such proxy the | ||||||
21 | county chairman, ward
committeeman or township committeeman, | ||||||
22 | as the case may be shall have one
vote for each ballot voted in | ||||||
23 | his county, ward or township, or portion
thereof within the | ||||||
24 | Congressional District, by the primary electors of his
party at | ||||||
25 | the primary at which he was elected. However, the absent State
| ||||||
26 | central committeeman or committeewoman may designate a proxy |
| |||||||
| |||||||
1 | when permitted
by the rules of a political party which elects | ||||||
2 | its members by Alternative B
under paragraph (a) of this | ||||||
3 | Section.
| ||||||
4 | Notwithstanding any law to the contrary, a person is | ||||||
5 | ineligible to hold the position of committeeperson in any | ||||||
6 | committee established pursuant to this Section if he or she is | ||||||
7 | statutorily ineligible to vote in a general election because of | ||||||
8 | conviction of a felony. When a committeeperson is convicted of | ||||||
9 | a felony, the position occupied by that committeeperson shall | ||||||
10 | automatically become vacant.
| ||||||
11 | (l) A State central committee organized under Alternative B | ||||||
12 | of this Section shall not make any contributions, expenditures, | ||||||
13 | or electioneering communications on behalf of a candidate for | ||||||
14 | nomination for any office in that party's primary election. The | ||||||
15 | State central committee also shall not endorse candidates for | ||||||
16 | nomination in its party's primary election. The terms | ||||||
17 | "contribution", "expenditure", and "electioneering | ||||||
18 | communication" shall have the meanings defined in Article 9 of | ||||||
19 | this Code. | ||||||
20 | (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-699, | ||||||
21 | eff. 11-9-07.)
| ||||||
22 | (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
| ||||||
23 | Sec. 9-1.4. Contribution.
| ||||||
24 | (A) "Contribution" means-
| ||||||
25 | (1) a gift, subscription, donation, dues, loan, |
| |||||||
| |||||||
1 | advance, or deposit
of money or anything of value, | ||||||
2 | knowingly received in
connection with the
nomination for | ||||||
3 | election, or election, or retention of any person to or in | ||||||
4 | public office, in
connection with the election of any | ||||||
5 | person as ward or township committeeman in
counties of | ||||||
6 | 3,000,000 or more population, or
in
connection with any | ||||||
7 | question of public policy , or by a constituent services | ||||||
8 | committee as provided in Section 9-8.5 ;
| ||||||
9 | (1.5) a gift, subscription, donation, dues, loan, | ||||||
10 | advance, deposit of money, or anything of value that | ||||||
11 | constitutes an electioneering communication regardless of | ||||||
12 | whether the communication is made in concert or cooperation | ||||||
13 | with or at the request, suggestion, or knowledge of a | ||||||
14 | candidate, a candidate's authorized local political | ||||||
15 | committee, a State political committee, a political | ||||||
16 | committee in support of or opposition to a question of | ||||||
17 | public policy, or any of their agents;
| ||||||
18 | (2) the purchase of tickets for fund-raising events, | ||||||
19 | including but
not limited to dinners, luncheons, cocktail | ||||||
20 | parties, and rallies made in
connection with the nomination | ||||||
21 | for election, or election, or retention of any person
to or | ||||||
22 | in public office, in
connection with the election of any | ||||||
23 | person as ward or
township committeeman in counties of | ||||||
24 | 3,000,000 or more population, or in
connection with any | ||||||
25 | question of public policy , or for a constituent services | ||||||
26 | committee as provided in Section 9-8.5 ;
|
| |||||||
| |||||||
1 | (3) a transfer of funds between political committees; | ||||||
2 | and
| ||||||
3 | (4) the services of an employee donated by an employer, | ||||||
4 | in which
case the contribution shall be listed in the name | ||||||
5 | of the employer,
except that any individual services | ||||||
6 | provided voluntarily and without
promise or expectation of | ||||||
7 | compensation from any source shall not be deemed
a | ||||||
8 | contribution; and | ||||||
9 | (5) any expenditure made in cooperation, consultation, | ||||||
10 | or concert with the committee, other than with a | ||||||
11 | multi-candidate committee.
but
| ||||||
12 | (B) "Contribution"
(5) does not include--
| ||||||
13 |
(a) the use of real or personal property and the | ||||||
14 | cost of invitations,
food,
and beverages, voluntarily | ||||||
15 | provided by an individual in rendering voluntary
| ||||||
16 | personal services on the individual's residential | ||||||
17 | premises for
candidate-related
activities; provided | ||||||
18 | the value of the service provided does not exceed an
| ||||||
19 | aggregate of $150 in a reporting period;
| ||||||
20 | (b)
the sale of any food or beverage by a vendor | ||||||
21 | for use in a candidate's
campaign at a charge less than | ||||||
22 | the normal comparable charge, if such charge
for use in | ||||||
23 | a candidate's campaign is at least equal to the cost of | ||||||
24 | such
food or beverage to the vendor ; .
| ||||||
25 | (c) communications on any subject by a corporation | ||||||
26 | to its stockholders and executive or administrative |
| |||||||
| |||||||
1 | personnel and their families, by a labor organization | ||||||
2 | to its members and executive or administrative | ||||||
3 | personnel and their families, or by an association to | ||||||
4 | its members and executive or administrative personnel | ||||||
5 | and their families; | ||||||
6 | (d) voter registration and get-out-the-vote | ||||||
7 | campaigns that make no mention of any clearly | ||||||
8 | identified candidate, public question, or political | ||||||
9 | party, or group or combination thereof; | ||||||
10 | (e) an expenditure by a multi-candidate committee | ||||||
11 | organized pursuant to Section 9-8.5(c) that benefits a | ||||||
12 | candidate or candidates identified in the | ||||||
13 | multi-candidate committee's statement of organization; | ||||||
14 | (f) a secured loan of money by a national or State | ||||||
15 | bank or credit union made in accordance with the | ||||||
16 | applicable banking laws and regulations and in the | ||||||
17 | ordinary course of business; however, the use, | ||||||
18 | ownership, or control of any security for such a loan, | ||||||
19 | if provided by a person other than the candidate or his | ||||||
20 | or her committee, qualifies as a contribution; or | ||||||
21 | (g) an independent expenditure. | ||||||
22 | (C) Interest or other investment income, earnings or | ||||||
23 | proceeds, and refunds or returns of all or part of a | ||||||
24 | committee's previous expenditures, shall not be considered | ||||||
25 | contributions for the purposes of Section 9-8.5 but shall be | ||||||
26 | listed with contributions on disclosure reports required by |
| |||||||
| |||||||
1 | this Article.
| ||||||
2 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
3 | (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | ||||||
4 | Sec. 9-1.5. Expenditure defined. | ||||||
5 | (A) "Expenditure" means-
| ||||||
6 | (1) a payment, distribution, purchase, loan, advance, | ||||||
7 | deposit, or
gift of money or anything of value, in
connection | ||||||
8 | with the nomination
for election, or election, or retention of | ||||||
9 | any person to or in public office, in connection with
the | ||||||
10 | election of any person as ward or township committeeman in | ||||||
11 | counties of
3,000,000 or more population, or in
connection with | ||||||
12 | any question of public policy , or by a constituent services | ||||||
13 | committee as provided in Section 9-8.5 .
"Expenditure" also | ||||||
14 | includes a payment, distribution, purchase, loan,
advance, | ||||||
15 | deposit, or gift of
money or anything of value that constitutes | ||||||
16 | an electioneering communication
regardless of whether the | ||||||
17 | communication is made in concert or cooperation with
or at the | ||||||
18 | request, suggestion, or knowledge of a candidate, a candidate's
| ||||||
19 | authorized
local political committee, a State political | ||||||
20 | committee, a political committee in support of or opposition to | ||||||
21 | a question of public policy, or any of their
agents.
| ||||||
22 | (B) "Expenditure" However, expenditure does not
include -
| ||||||
23 | (a) the use of real or personal property and the cost | ||||||
24 | of invitations,
food,
and beverages, voluntarily provided | ||||||
25 | by an individual in rendering voluntary
personal services |
| |||||||
| |||||||
1 | on the individual's
residential premises for | ||||||
2 | candidate-related activities; provided the value
of the | ||||||
3 | service provided does not exceed an aggregate of $150 in a | ||||||
4 | reporting
period;
| ||||||
5 | (b) the sale of any food or beverage by a vendor for | ||||||
6 | use in a candidate's
campaign at a charge less than the | ||||||
7 | normal comparable charge, if such charge
for use in a | ||||||
8 | candidate's
campaign is at least equal to the cost of such | ||||||
9 | food or beverage to the vendor.
| ||||||
10 | (2) a transfer of funds between political committees.
| ||||||
11 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | ||||||
12 | 93-847, eff. 7-30-04.)
| ||||||
13 | (10 ILCS 5/9-1.6) (from Ch. 46, par. 9-1.6)
| ||||||
14 | Sec. 9-1.6. Person. "Person" or "whoever" means a natural | ||||||
15 | person an individual , trust, partnership,
committee, | ||||||
16 | association, corporation, or any other organization or group of
| ||||||
17 | persons.
| ||||||
18 | (Source: P.A. 78-1183.)
| ||||||
19 | (10 ILCS 5/9-1.7)
(from Ch. 46, par. 9-1.7)
| ||||||
20 | Sec. 9-1.7. "Local political committee" means the | ||||||
21 | candidate himself or any
individual, trust, partnership, | ||||||
22 | committee, association, corporation, or
other organization or | ||||||
23 | group of persons which:
| ||||||
24 | (a) accepts contributions or grants or makes |
| |||||||
| |||||||
1 | expenditures during any
12-month period in an aggregate | ||||||
2 | amount exceeding $3,000 on behalf of or in
opposition to a | ||||||
3 | candidate or candidates for public office who are required
| ||||||
4 | by the Illinois Governmental Ethics Act to file statements | ||||||
5 | of economic
interests with the county clerk,
or on behalf | ||||||
6 | of or in opposition to a candidate or candidates for | ||||||
7 | election to
the office of ward or township committeeman in | ||||||
8 | counties of 3,000,000 or more
population;
| ||||||
9 | (b) accepts contributions or makes expenditures during | ||||||
10 | any 12-month
period in an aggregate amount exceeding $3,000 | ||||||
11 | in support of or in
opposition to any question of public | ||||||
12 | policy to be submitted to the electors
of an area | ||||||
13 | encompassing no more than one county. The $3,000 threshold | ||||||
14 | established in this paragraph (b) applies to any receipts | ||||||
15 | or expenditures received or made with the purpose of | ||||||
16 | securing a place on the ballot for, advocating the defeat | ||||||
17 | or passage of, or engaging in electioneering communication | ||||||
18 | regarding the question of public policy regardless of the | ||||||
19 | method of initiation of the question of public policy and | ||||||
20 | regardless of whether petitions have been circulated or | ||||||
21 | filed with the appropriate office or whether the question | ||||||
22 | has been adopted and certified by the governing body;
| ||||||
23 | (c) accepts contributions or makes expenditures during | ||||||
24 | any 12-month
period in an aggregate amount exceeding $3,000 | ||||||
25 | and has as its primary
purpose the furtherance of | ||||||
26 | governmental, political or social values, is
organized on a |
| |||||||
| |||||||
1 | not-for-profit basis, and which publicly endorses or
| ||||||
2 | publicly opposes a candidate or candidates for public | ||||||
3 | office who are
required by the Illinois Governmental Ethics | ||||||
4 | Act to file statements of
economic interest with the County | ||||||
5 | Clerk or a candidate or candidates for the
office of ward | ||||||
6 | or township committeeman in counties of 3,000,000 or more
| ||||||
7 | population; or
| ||||||
8 | (d) accepts contributions or makes expenditures during | ||||||
9 | any 12-month period in an aggregate amount
exceeding $3,000 | ||||||
10 | for electioneering communications relating to any | ||||||
11 | candidate or
candidates described in paragraph (a) or any | ||||||
12 | question of public policy
described in paragraph (b) ; or | ||||||
13 | (e) makes electioneering communications during any | ||||||
14 | 12-month period in an aggregate amount exceeding $3,000 | ||||||
15 | relating to any candidate or candidates described in | ||||||
16 | paragraph (a) or any question of public policy described in | ||||||
17 | paragraph (b) .
| ||||||
18 | (Source: P.A. 95-963, eff. 1-1-09.)
| ||||||
19 | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| ||||||
20 | Sec. 9-1.8. "State political committee" means the | ||||||
21 | candidate himself or any
individual, trust, partnership, | ||||||
22 | committee, association, corporation, or
any other organization | ||||||
23 | or group of persons which--
| ||||||
24 | (a) accepts contributions or grants or makes expenditures | ||||||
25 | during any
12-month period in an aggregate amount exceeding |
| |||||||
| |||||||
1 | $3,000 on behalf of or
in opposition to a candidate or | ||||||
2 | candidates for public office who are
required by the Illinois | ||||||
3 | Governmental Ethics Act to file statements of
economic | ||||||
4 | interests with the Secretary of State,
| ||||||
5 | (b) accepts contributions or makes expenditures during any | ||||||
6 | 12-month
period in an aggregate amount exceeding $3,000 in | ||||||
7 | support of or in
opposition to any question of public policy to | ||||||
8 | be submitted to the
electors of an area encompassing more than | ||||||
9 | one county. The $3,000 threshold established in this paragraph | ||||||
10 | (b) applies to any receipts or expenditures received or made | ||||||
11 | with the purpose of securing a place on the ballot for, | ||||||
12 | advocating the defeat or passage of, or engaging in | ||||||
13 | electioneering communication regarding the question of public | ||||||
14 | policy regardless of the method of initiation of the question | ||||||
15 | of public policy and regardless of whether petitions have been | ||||||
16 | circulated or filed with the appropriate office or whether the | ||||||
17 | question has been adopted and certified by the governing body,
| ||||||
18 | (c) accepts contributions or makes expenditures during any | ||||||
19 | 12-month
period in an aggregate amount exceeding $3,000 and has | ||||||
20 | as its primary purpose
the
furtherance of governmental, | ||||||
21 | political or social values, is organized on
a not-for-profit | ||||||
22 | basis, and which publicly endorses or publicly opposes
a | ||||||
23 | candidate or candidates for public office who are required by | ||||||
24 | the
Illinois Governmental Ethics Act to file statements of | ||||||
25 | economic interest
with the Secretary of State, or
| ||||||
26 | (d) accepts contributions or makes expenditures during any |
| |||||||
| |||||||
1 | 12-month period in an aggregate amount
exceeding $3,000 for | ||||||
2 | electioneering communications relating to any candidate or
| ||||||
3 | candidates described in paragraph (a) or any question of public | ||||||
4 | policy
described in paragraph (b) , or . | ||||||
5 | (e) makes electioneering communications during any | ||||||
6 | 12-month period in an aggregate amount exceeding $3,000 | ||||||
7 | relating to any candidate or candidates described in paragraph | ||||||
8 | (a) or any question of public policy described in paragraph | ||||||
9 | (b).
| ||||||
10 | (Source: P.A. 95-963, eff. 1-1-09.)
| ||||||
11 | (10 ILCS 5/9-1.14)
| ||||||
12 | Sec. 9-1.14. Electioneering communication defined.
| ||||||
13 | (a) "Electioneering communication" means, for the purposes | ||||||
14 | of this Article,
any broadcast form of communication, in | ||||||
15 | whatever medium, including but not limited to a newspaper, | ||||||
16 | radio, television, or Internet communication, that (1) refers | ||||||
17 | to a
clearly
identified candidate or candidates who will appear | ||||||
18 | on the ballot for nomination, election, or retention , refers to | ||||||
19 | a clearly identified political party, or refers to a clearly | ||||||
20 | identified question of public policy that will appear on the | ||||||
21 | ballot ; and (2) is made within (i) 60
days before a general | ||||||
22 | election
or consolidated election or (ii) 30 days before a | ||||||
23 | primary
election ; (3) is targeted to the relevant electorate; | ||||||
24 | and (4) is susceptible to no reasonable interpretation other | ||||||
25 | than as an appeal to vote for or against a clearly identified |
| |||||||
| |||||||
1 | candidate for nomination, election, or retention, political | ||||||
2 | party, or question of public policy .
| ||||||
3 | (b) "Electioneering communication" does not include:
| ||||||
4 | (1) A communication, other than an advertisement, | ||||||
5 | appearing in a news
story,
commentary, or editorial
| ||||||
6 | distributed through the facilities of any legitimate news | ||||||
7 | organization, unless
the
facilities are owned or | ||||||
8 | controlled by any political party, political committee,
or | ||||||
9 | candidate.
| ||||||
10 | (2) A communication made solely to promote a candidate | ||||||
11 | debate or forum
that is made by or on behalf of the person | ||||||
12 | sponsoring the debate or forum.
| ||||||
13 | (3) A communication made as part of a non-partisan | ||||||
14 | activity designed to
encourage individuals to vote or to | ||||||
15 | register to vote.
| ||||||
16 | (4) A communication by an organization operating and | ||||||
17 | remaining in good
standing under Section 501(c)(3) of the | ||||||
18 | Internal Revenue Code of 1986.
| ||||||
19 | (5) A communication exclusively between a labor | ||||||
20 | organization, as defined under federal or State law, and | ||||||
21 | its members.
| ||||||
22 | (6) A communication exclusively between an | ||||||
23 | organization formed under Section 501(c)(6) of the | ||||||
24 | Internal Revenue Code and its members.
| ||||||
25 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | ||||||
26 | 93-847, eff. 7-30-04; 94-461, eff. 8-4-05; 94-645, eff. |
| |||||||
| |||||||
1 | 8-22-05.) | ||||||
2 | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | ||||||
3 | Sec. 9-3. Every state political committee and every local
| ||||||
4 | political committee shall file with the State Board of | ||||||
5 | Elections, and
every local political committee shall file with | ||||||
6 | the county clerk, a
statement of organization within 10 | ||||||
7 | business days of the creation of
such
committee, except any | ||||||
8 | political committee created within the 30 days before
an
| ||||||
9 | election shall file a statement of organization within 5 | ||||||
10 | business days. A
political committee that acts as both a state | ||||||
11 | political
committee and a local political committee shall file | ||||||
12 | a copy of each
statement of organization with the State Board | ||||||
13 | of Elections and the
county clerk.
The Board shall impose a | ||||||
14 | civil penalty of $25 per business day upon political
committees | ||||||
15 | for failing to file or late filing of a statement of | ||||||
16 | organization,
except that for committees formed to support | ||||||
17 | candidates for statewide office,
the civil penalty shall be $50 | ||||||
18 | per business day. Such penalties shall not
exceed $5,000, and | ||||||
19 | shall not exceed $10,000 for statewide office political
| ||||||
20 | committees.
There shall be no fine if the statement is mailed | ||||||
21 | and postmarked at least 72
hours prior to the filing deadline.
| ||||||
22 | In addition to the civil penalties authorized by this | ||||||
23 | Section, the State
Board of Elections or any other affected | ||||||
24 | political committee may apply to the
circuit court for a | ||||||
25 | temporary restraining
order or a preliminary or permanent |
| |||||||
| |||||||
1 | injunction against the political committee
to cease the | ||||||
2 | expenditure of funds and to cease operations until the | ||||||
3 | statement
of organization is filed.
| ||||||
4 | For the purpose of this Section,
"statewide office" means | ||||||
5 | the Governor, Lieutenant Governor, Secretary of State,
| ||||||
6 | Attorney General, State Treasurer, and State Comptroller.
| ||||||
7 | The statement of organization shall include -
| ||||||
8 | (a) the name
and address of the political committee (the | ||||||
9 | name of the
political committee must include the name of any | ||||||
10 | sponsoring entity);
| ||||||
11 | (b) the scope, area of activity, party affiliation, | ||||||
12 | candidate
affiliation and his county of residence, and purposes | ||||||
13 | of the political
committee;
| ||||||
14 | (c) the name, address, and position of each custodian of | ||||||
15 | the
committee's books and accounts;
| ||||||
16 | (d) the name, address, and position of the committee's | ||||||
17 | principal
officers, including the chairman, treasurer, and | ||||||
18 | officers and members of
its finance committee, if any;
| ||||||
19 | (e) any additional information required by Section 9-8.5 | ||||||
20 | (Blank) ;
| ||||||
21 | (f) a statement of what specific disposition of residual | ||||||
22 | fund will
be made in the event of the dissolution or
| ||||||
23 | termination of the committee;
| ||||||
24 | (g) a listing of all banks or other financial institutions, | ||||||
25 | safety
deposit boxes, and any other repositories or custodians | ||||||
26 | of funds used by
the committee;
|
| |||||||
| |||||||
1 | (h) the amount of funds available for campaign expenditures | ||||||
2 | as of
the filing date of the committee's statement of | ||||||
3 | organization.
| ||||||
4 | For purposes of this Section, a "sponsoring entity" is (i) | ||||||
5 | any person,
political committee, organization, corporation, or | ||||||
6 | association that contributes
at least 33% of the total funding | ||||||
7 | of the political committee or (ii) any person
or other entity | ||||||
8 | that is registered or is required to register under the
| ||||||
9 | Lobbyist Registration Act and contributes at least 33% of the | ||||||
10 | total funding of
the political committee; except that a | ||||||
11 | political committee is not a "sponsoring entity" for purposes | ||||||
12 | of this Section if it is a political committee organized by (i) | ||||||
13 | an established political party as defined in Section 10-2, (ii) | ||||||
14 | a partisan caucus of either house of the General Assembly, or | ||||||
15 | (iii) the Speaker or Minority Leader of the House of | ||||||
16 | Representatives or the President or Minority Leader of the | ||||||
17 | Senate, in his or her capacity as a legislative leader of the | ||||||
18 | House of Representatives or Senate and not as a candidate for | ||||||
19 | Representative or Senator.
| ||||||
20 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | ||||||
21 | 94-645, eff. 8-22-05.)
| ||||||
22 | (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
| ||||||
23 | Sec. 9-4. The statement of organization required by this | ||||||
24 | Article to be
filed in accordance with Section 9-3 shall be | ||||||
25 | verified, dated, and signed
by either the treasurer of the |
| |||||||
| |||||||
1 | political committee making the statement or
the candidate on | ||||||
2 | whose behalf the statement is made, and shall contain
| ||||||
3 | substantially the following:
| ||||||
4 | STATEMENT OF ORGANIZATION
| ||||||
5 | (a) name and address of the political committee:
| ||||||
6 | .............................................................
| ||||||
7 | |||||||
8 | (b) scope, area of activity, party affiliation, candidate | ||||||
9 | affiliation
and his county of residence, and purposes of the | ||||||
10 | political committee:
| ||||||
11 | .............................................................
| ||||||
12 | .............................................................
| ||||||
13 | .............................................................
| ||||||
14 | .............................................................
| ||||||
15 | |||||||
16 | (c) name, address, and position of each custodian of the | ||||||
17 | committee's books
and accounts:
| ||||||
18 | .............................................................
| ||||||
19 | .............................................................
| ||||||
20 | |||||||
21 | (d) name, address, and position of the committee's | ||||||
22 | principal officers,
including the chairman, treasurer, and | ||||||
23 | officers and members of its finance
committee, if any:
| ||||||
24 | .............................................................
| ||||||
25 | .............................................................
| ||||||
26 | .............................................................
|
| |||||||
| |||||||
1 | |||||||
2 | (e) a statement of what specific disposition of residual | ||||||
3 | funds
will be made
in the event of the dissolution or | ||||||
4 | termination of the committee:
| ||||||
5 | .............................................................
| ||||||
6 | .............................................................
| ||||||
7 | |||||||
8 | (f) a listing of all banks or other financial | ||||||
9 | institutions,
safety deposit
boxes, and any other repositories | ||||||
10 | or custodians of funds used by the
committee:
| ||||||
11 | .............................................................
| ||||||
12 | .............................................................
| ||||||
13 | |||||||
14 | (g) the amount of funds available for campaign | ||||||
15 | expenditures as
of the filing date of the committee's statement | ||||||
16 | of organization:
| ||||||
17 | .............................................................
| ||||||
18 | |||||||
19 | (h) any additional information required by Section 9-8.5 of | ||||||
20 | the Election Code: | ||||||
21 | ............................................................. | ||||||
22 | VERIFICATION:
| ||||||
23 | "I declare that this statement of organization (including | ||||||
24 | any
accompanying schedules and statements) has been examined by | ||||||
25 | me and to the
best of my knowledge and belief is a true, | ||||||
26 | correct and complete statement
of organization as required by |
| |||||||
| |||||||
1 | Article 9 of The Election Code. I understand
that willfully | ||||||
2 | filing a false or incomplete statement is
a business offense | ||||||
3 | subject to a fine of at least $1,001 and up to $5,000."
| ||||||
4 | ................ ..........................................
| ||||||
5 | (date of filing) (signature of person making the statement)
| ||||||
6 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
7 | (10 ILCS 5/9-7.5)
| ||||||
8 | Sec. 9-7.5. Nonprofit organization registration and | ||||||
9 | disclosure.
| ||||||
10 | (a) Each nonprofit organization, except for a labor union,
| ||||||
11 | that accepts contributions, makes contributions, or makes | ||||||
12 | expenditures during any 12-month period in
an aggregate amount | ||||||
13 | exceeding $5,000 (I) on behalf of or in opposition to
public | ||||||
14 | officials, candidates for public office, or a question of | ||||||
15 | public policy or (II) for electioneering communications shall
| ||||||
16 | register with the State Board of Elections. The Board by rule | ||||||
17 | shall prescribe
the registration procedure and form. The | ||||||
18 | registration form shall require the
following information:
| ||||||
19 | (1) The registrant's name, address, and purpose.
| ||||||
20 | (2) The name, address, and position of each custodian | ||||||
21 | of the registrant's
financial books, accounts, and | ||||||
22 | records.
| ||||||
23 | (3) The name, address, and position of each of the | ||||||
24 | registrant's principal
officers.
| ||||||
25 | (b) Each nonprofit organization required to register under |
| |||||||
| |||||||
1 | subsection (a)
shall file contribution and expenditure reports | ||||||
2 | with the Board. The Board by
rule shall prescribe the form, | ||||||
3 | which shall require the following information:
| ||||||
4 | (1) The organization's name, address, and purpose.
| ||||||
5 | (2) The amount of funds on hand at the beginning of the | ||||||
6 | reporting period.
| ||||||
7 | (3) The full name and address of each person who has | ||||||
8 | made one or more
contributions to or for the organization | ||||||
9 | within the reporting period in an
aggregate amount or value | ||||||
10 | in excess of $150, together with the amount and date
of the | ||||||
11 | contributions, and if a contributor is an individual who | ||||||
12 | contributed
more than $500, the occupation and employer of | ||||||
13 | the contributor or, if the
occupation and employer of the | ||||||
14 | contributor are unknown, a statement that the
organization | ||||||
15 | has made a good faith effort to ascertain this information.
| ||||||
16 | (4) The total sum of individual contributions made to | ||||||
17 | or for the
organization during the reporting period and not | ||||||
18 | reported in item (3).
| ||||||
19 | (5) The name and address of each organization and | ||||||
20 | political committee from
which the reporting organization | ||||||
21 | received, or to which that organization made,
any transfer | ||||||
22 | of funds in an aggregate amount or value in excess of $150,
| ||||||
23 | together with the amounts and dates of the transfers.
| ||||||
24 | (6) The total sum of transfers made to or from the | ||||||
25 | organization during the
reporting period and not reported | ||||||
26 | in item (5).
|
| |||||||
| |||||||
1 | (7) Each loan to or from any person within the | ||||||
2 | reporting period by or to
the organization in an aggregate | ||||||
3 | amount or value in excess of $150, together
with the full | ||||||
4 | names and mailing addresses of the lender and endorsers, if | ||||||
5 | any,
and the date and amount of the loans, and if a lender | ||||||
6 | or endorser is an
individual who loaned or endorsed a loan | ||||||
7 | of more than $500, the occupation and
employer of the | ||||||
8 | individual or, if the occupation and employer of the | ||||||
9 | individual
are unknown, a statement that the organization | ||||||
10 | has made a good faith effort to
ascertain this information.
| ||||||
11 | (8) The total amount of proceeds received by the | ||||||
12 | organization from (i) the
sale of tickets for each dinner, | ||||||
13 | luncheon, cocktail party, rally, and other
fundraising | ||||||
14 | event, (ii) mass collections made at those events, and | ||||||
15 | (iii) sales
of items such as buttons, badges, flags, | ||||||
16 | emblems, hats, banners, literature,
and
similar materials.
| ||||||
17 | (9) Each contribution, rebate, refund, or other | ||||||
18 | receipt in excess of $150
received by the organization not | ||||||
19 | otherwise listed under items (3) through (8),
and if a | ||||||
20 | contributor is an individual who contributed
more than | ||||||
21 | $500, the occupation and employer of the contributor or, if | ||||||
22 | the
occupation and employer of the contributor are unknown, | ||||||
23 | a statement that the
organization has made a good faith | ||||||
24 | effort to ascertain this information.
| ||||||
25 | (10) The total sum of all receipts by or for the | ||||||
26 | organization during the
reporting period.
|
| |||||||
| |||||||
1 | (11) The full name and mailing address of each person | ||||||
2 | to whom expenditures
have been made by the organization | ||||||
3 | within the reporting period in an aggregate
amount or value | ||||||
4 | in excess of $150, the amount, date, and purpose of each
| ||||||
5 | expenditure, and the question of public policy on behalf of | ||||||
6 | which the
expenditure
was made.
| ||||||
7 | (12) The full name and mailing address of each person | ||||||
8 | to whom an
expenditure for personal services, salaries, and | ||||||
9 | reimbursed expenses in excess
of $150 has been made and | ||||||
10 | which is not otherwise reported, including the
amount,
| ||||||
11 | date, and purpose of the expenditure.
| ||||||
12 | (13) The total sum of expenditures made by the | ||||||
13 | organization during the
reporting period.
| ||||||
14 | (14) The full name and mailing address of each person | ||||||
15 | to whom the
organization owes debts or obligations in | ||||||
16 | excess of $150 and the amount of the
debts or obligations.
| ||||||
17 | The State Board by rule shall define a "good faith effort".
| ||||||
18 | (c) The reports required under subsection (b) shall be | ||||||
19 | filed at the same
times and for the same reporting periods as | ||||||
20 | reports of campaign contributions
and semi-annual reports of | ||||||
21 | campaign contributions and expenditures required by
this | ||||||
22 | Article of political committees. The reports required under | ||||||
23 | subsection
(b)
shall be available for public inspection and | ||||||
24 | copying in the same manner as
reports filed by political | ||||||
25 | committees.
The Board may charge a fee that covers the costs of | ||||||
26 | copying and distribution,
if any.
|
| |||||||
| |||||||
1 | (d) An organization required to file reports under | ||||||
2 | subsection (b) shall
include a statement on all literature and | ||||||
3 | advertisements soliciting funds
stating the following:
| ||||||
4 | "A copy of our report filed with the State Board of | ||||||
5 | Elections is (or will be)
available for purchase from the State | ||||||
6 | Board of Elections, Springfield,
Illinois".
| ||||||
7 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
8 | (10 ILCS 5/9-8.5 new) | ||||||
9 | Sec. 9-8.5. Limits on contributions received by political | ||||||
10 | committees. | ||||||
11 | (a) Definitions. For the purposes of this Section: | ||||||
12 | "Association" means any group, club, meeting, | ||||||
13 | collective, membership organization, collection of | ||||||
14 | persons, any entity organized under Section 501 or 527 of | ||||||
15 | the Internal Revenue Code, or any other entity other than a | ||||||
16 | natural person, except that an association does not include | ||||||
17 | a political committee organized under this Article or a | ||||||
18 | labor organization as defined in this Section. | ||||||
19 | "Constituent services committee" means a political | ||||||
20 | committee organized by an elected public official to accept | ||||||
21 | contributions and make expenditures solely to defray the | ||||||
22 | costs related to constituent services and upkeep of that | ||||||
23 | official's office. | ||||||
24 | "Corporation" includes a corporation, limited | ||||||
25 | liability company, partnership, professional practice, |
| |||||||
| |||||||
1 | cooperative, or sole proprietorship, whether organized on | ||||||
2 | a for-profit or non-profit basis organized under the laws | ||||||
3 | of Illinois or another state. A corporation does not | ||||||
4 | include (i) a labor organization as defined in this Section | ||||||
5 | or (ii) an incorporated political committee registered | ||||||
6 | pursuant to this Article or corresponding federal laws or | ||||||
7 | laws of another state. | ||||||
8 | "Labor organization" means any organization of any | ||||||
9 | kind or any agency or employee representation committee or | ||||||
10 | plan in which employees participate and that exists for the | ||||||
11 | purpose, in whole or in part, of dealing with employers | ||||||
12 | concerning grievances, labor disputes, wages, rates of | ||||||
13 | pay, hours of employment, or conditions of work. | ||||||
14 | "Multi-candidate committee" means a political | ||||||
15 | committee organized by a public official, candidate, or | ||||||
16 | political party to support the nomination, election, or | ||||||
17 | retention of public officials or candidates for multiple, | ||||||
18 | specified offices. "Multi-candidate committee" also | ||||||
19 | includes a political party committee. | ||||||
20 | "Non-candidate committee" means a political committee | ||||||
21 | organized by a person, persons, or any entity other than a | ||||||
22 | public official, candidate, or political party to support | ||||||
23 | or oppose causes, ideas, or interests but not organized to | ||||||
24 | support specific candidates for nomination, election, or | ||||||
25 | retention. | ||||||
26 | "Political party committee" means a political |
| |||||||
| |||||||
1 | committee organized to support candidates of a specific | ||||||
2 | political party seeking elective office within a specific | ||||||
3 | jurisdiction. | ||||||
4 | "Single-candidate committee" means a political | ||||||
5 | committee organized to support or oppose the election of a | ||||||
6 | single, specific candidate or public official or to support | ||||||
7 | or oppose one or more questions of public policy. | ||||||
8 | (b) Single-candidate committee. Beginning on January 1, | ||||||
9 | 2011, no public official or candidate for public office may | ||||||
10 | establish or maintain more than one political committee for | ||||||
11 | each office that public official or candidate occupies or is | ||||||
12 | seeking. The statement of organization must identify the public | ||||||
13 | official or candidate, the office that public official or | ||||||
14 | candidate occupies or seeks to occupy, and a statement that the | ||||||
15 | political committee is the only single-candidate committee | ||||||
16 | designated by the public official or candidate to receive | ||||||
17 | contributions and make expenditures on behalf of the public | ||||||
18 | official or candidate for such office. | ||||||
19 | (1) Each calendar year, a single-candidate committee | ||||||
20 | may not accept contributions with an aggregate value over | ||||||
21 | $5,000 from a natural person. | ||||||
22 | (2) Each calendar year, a single-candidate committee | ||||||
23 | may not accept contributions with an aggregate value over | ||||||
24 | $10,000 from a corporation, labor organization, or | ||||||
25 | association. | ||||||
26 | (3) Each calendar year, a single-candidate committee |
| |||||||
| |||||||
1 | may not accept transfers of funds with an aggregate value | ||||||
2 | over $90,000 from a political committee. | ||||||
3 | (c) Multi-candidate committee. Beginning on January 1, | ||||||
4 | 2011, a public official, candidate for public office, or a | ||||||
5 | political party may establish or maintain one political | ||||||
6 | committee to support the election of public officials or | ||||||
7 | candidates for multiple, specified offices. The statement of | ||||||
8 | organization must identify the public official, candidate, or | ||||||
9 | political party forming the committee, the public officials, | ||||||
10 | candidates, or political party the committee is organized to | ||||||
11 | support, and a statement that the political committee is the | ||||||
12 | only multi-candidate committee designated by the public | ||||||
13 | official, candidate, or political party to receive | ||||||
14 | contributions and make expenditures on behalf of the public | ||||||
15 | official, candidate, or political party. | ||||||
16 | (1) Each calendar year, a multi-candidate committee | ||||||
17 | may not accept contributions with an aggregate value over | ||||||
18 | $10,000 from a natural person. | ||||||
19 | (2) Each calendar year, a multi-candidate committee | ||||||
20 | may not accept contributions with an aggregate value over | ||||||
21 | $20,000 from a corporation, labor organization, or | ||||||
22 | association. | ||||||
23 | (3) Each calendar year, a multi-candidate committee | ||||||
24 | may not accept transfers of funds from a political | ||||||
25 | committee in excess of $90,000. | ||||||
26 | (d) Non-candidate committee. Beginning on January 1, 2011, |
| |||||||
| |||||||
1 | a corporation, association, labor organization, or other | ||||||
2 | person may establish or maintain one political committee to | ||||||
3 | support or oppose a cause or interests, but not organized to | ||||||
4 | support specific candidates for nomination, election, or | ||||||
5 | retention. The statement of organization must identify the | ||||||
6 | entity forming the committee, the cause or interest supported | ||||||
7 | or opposed, and a statement that the political committee is the | ||||||
8 | only non-candidate committee designated to receive | ||||||
9 | contributions and make expenditures on behalf of the entity. | ||||||
10 | (1) Each calendar year, a non-candidate committee may | ||||||
11 | not accept contributions with an aggregate value over | ||||||
12 | $10,000 from a natural person. | ||||||
13 | (2) Each calendar year, a non-candidate committee may | ||||||
14 | not accept contributions with an aggregate value over | ||||||
15 | $20,000 from a corporation, labor organization, or | ||||||
16 | association. | ||||||
17 | (3) Each calendar year, a non-candidate committee may | ||||||
18 | not accept transfers of funds from a political committee in | ||||||
19 | excess of $90,000. | ||||||
20 | (e) Constituent services committee. Beginning on January | ||||||
21 | 1, 2011, a public official may establish and maintain one | ||||||
22 | constituent services committee to accept contributions and | ||||||
23 | make expenditures for costs related to constituent services and | ||||||
24 | the maintenance of the official's public office. Funds shall | ||||||
25 | not be used for election-related expenses, personal items, or | ||||||
26 | to make contributions or transfers of funds to any political |
| |||||||
| |||||||
1 | committee. The statement of organization must identify the | ||||||
2 | public official or candidate forming the committee, the | ||||||
3 | designated purposes for which funds may be expended, and a | ||||||
4 | statement that the constituent services committee is the only | ||||||
5 | constituent services committee designated by the public | ||||||
6 | official. Each calendar year, a constituent services committee | ||||||
7 | may not accept contributions with an aggregate value of more | ||||||
8 | than $5,000 from any single source. | ||||||
9 | (f) Self-funding candidates. If a public official, a | ||||||
10 | candidate, or the public official's or candidate's immediate | ||||||
11 | family contributes or loans to the public official's or | ||||||
12 | candidate's political committee or to other political | ||||||
13 | committees that transfer funds to the public official's or | ||||||
14 | candidate's political committee or makes independent | ||||||
15 | expenditures for the benefit of the public official's or | ||||||
16 | candidate's campaign during the 12 months prior to an election | ||||||
17 | in an aggregate amount of more than (i) $250,000 for statewide | ||||||
18 | office or (ii) $100,000 for all other elective offices, then | ||||||
19 | the public official or candidate shall file with the State | ||||||
20 | Board of Elections, within one day, a Notification of | ||||||
21 | Self-funding that shall detail each contribution or loan made | ||||||
22 | by the public official, the candidate, or the public official's | ||||||
23 | or candidate's immediate family. Within 2 business days after | ||||||
24 | the filing of a Notification of Self-funding, the notification | ||||||
25 | shall be posted on the Board's website and the Board shall give | ||||||
26 | official notice of the filing to each candidate for the same |
| |||||||
| |||||||
1 | office as the public official or candidate making the filing, | ||||||
2 | including the public official or candidate filing the | ||||||
3 | Notification of Self-funding. Upon receiving notice from the | ||||||
4 | Board, all candidates for that office, including the public | ||||||
5 | official or candidate who filed a Notification of Self-funding, | ||||||
6 | shall be permitted to accept contributions in excess of any | ||||||
7 | contribution limits imposed by this subsection 9-8.5(b). For | ||||||
8 | the purposes of this subsection, "statewide office" means the | ||||||
9 | Governor, Lieutenant Governor, Attorney General, Secretary of | ||||||
10 | State, Comptroller, and Treasurer. For the purposes of this | ||||||
11 | subsection, "immediate family" means the spouse, parent, or | ||||||
12 | child of a public official or candidate. | ||||||
13 | (g) Joint fundraising. Nothing in this Section shall | ||||||
14 | prohibit political committees from dividing the proceeds of | ||||||
15 | joint fundraising efforts; provided that no political | ||||||
16 | committee may receive more than the limit from any one | ||||||
17 | contributor and all contributions shall be reported. | ||||||
18 | (h) Contributions or transfers in violation of this | ||||||
19 | Section. A political committee that receives a contribution or | ||||||
20 | transfer in violation of this Section shall dispose of the | ||||||
21 | contribution or transfer by returning the contribution or | ||||||
22 | transfer, or an amount equal to the contribution or transfer, | ||||||
23 | to the contributor or transferor or donating the contribution | ||||||
24 | or transfer, or an amount equal to the contribution or | ||||||
25 | transfer, to a charity. A contribution or transfer received in | ||||||
26 | violation of this Section that is not disposed of as provided |
| |||||||
| |||||||
1 | in this subsection within 30 days after its receipt shall | ||||||
2 | escheat to the General Revenue Fund. | ||||||
3 | (i) On January 1 of each odd-numbered year, the State Board | ||||||
4 | of Elections shall adjust the amount of the contribution and | ||||||
5 | transfer limitations established in this Section for inflation | ||||||
6 | as determined by the Consumer Price Index for All Urban | ||||||
7 | Consumers as issued by the United States Department of Labor | ||||||
8 | and rounded to the nearest $100. The State Board shall publish | ||||||
9 | this information on its official web site. | ||||||
10 | (j) Nothing in this Section shall limit the amounts that | ||||||
11 | may be transferred between a State and federal committee of a | ||||||
12 | State central committee of a political party. | ||||||
13 | (10 ILCS 5/9-8.6 new)
| ||||||
14 | Sec. 9-8.6. Independent expenditures. | ||||||
15 | (a) "Independent expenditure" means an expenditure (i) | ||||||
16 | that is made by a natural person for the purpose of making | ||||||
17 | electioneering communications or of expressly advocating for | ||||||
18 | or against the nomination, election, retention, or defeat of a | ||||||
19 | clearly identifiable public official or candidate and (ii) that | ||||||
20 | is not made in connection, consultation, or concert with or at | ||||||
21 | the request or suggestion of the public official or candidate, | ||||||
22 | the public official's or candidate's designated political | ||||||
23 | committee or campaign, or the agent or agents of the public | ||||||
24 | official, candidate, or political committee or campaign. An | ||||||
25 | independent expenditure is not considered a contribution to a |
| |||||||
| |||||||
1 | political committee. An expenditure made by a natural person in | ||||||
2 | connection, consultation, or concert with or at the request or | ||||||
3 | suggestion of the public official or candidate, the public | ||||||
4 | official's or candidate's single-candidate committee, or the | ||||||
5 | agent or agents of the public official, candidate, or political | ||||||
6 | committee or campaign shall be considered a contribution to the | ||||||
7 | public official's or candidate's single-candidate committee. | ||||||
8 | (b) A person that makes an independent expenditure | ||||||
9 | supporting or opposing a public official or candidate that, | ||||||
10 | alone or in combination with any other independent expenditure | ||||||
11 | made by that person supporting or opposing that public official | ||||||
12 | or candidate during any 12-month period, equals an aggregate | ||||||
13 | value of at least $3,000 must file a written disclosure with | ||||||
14 | that public official or candidate and the State Board of | ||||||
15 | Elections within 2 business days after making any expenditure | ||||||
16 | that results in the person meeting or exceeding the $3,000 | ||||||
17 | threshold. Each disclosure must identify the person, the public | ||||||
18 | official or candidate supported or opposed, the date, amount, | ||||||
19 | and nature of each independent expenditure, and, in the case of | ||||||
20 | a person, his or her occupation and employer. | ||||||
21 | Any person that makes independent expenditures in an | ||||||
22 | aggregate amount exceeding $3,000 during a general primary | ||||||
23 | period or general election period shall have a continuing duty | ||||||
24 | to disclose each time the person has an unreported independent | ||||||
25 | expenditure or expenditures supporting or opposing a public | ||||||
26 | official or candidate that exceed an aggregate value of |
| |||||||
| |||||||
1 | $20,000. In this event, the person shall file a written | ||||||
2 | disclosure with the public official or candidate, any other | ||||||
3 | candidate seeking the office, and the State Board within 2 | ||||||
4 | business days after making any expenditure that results in the | ||||||
5 | person meeting or exceeding the $20,000 in aggregate. Each | ||||||
6 | disclosure must identify the person, his or her occupation, the | ||||||
7 | public official or candidate, and the date, amount, and nature | ||||||
8 | of each independent expenditure. | ||||||
9 | (c) Any entity other than a natural person that makes | ||||||
10 | expenditures of any kind in an aggregate amount exceeding | ||||||
11 | $3,000 during any 12-month period supporting or opposing a | ||||||
12 | public official or candidate must organize as a political | ||||||
13 | committee in accordance with this Article. | ||||||
14 | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| ||||||
15 | Sec. 9-10. Financial reports.
| ||||||
16 | (a) The treasurer of every state political committee and | ||||||
17 | the
treasurer of every local political committee shall file | ||||||
18 | with the
Board, and the treasurer of every local political | ||||||
19 | committee shall file
with the county clerk, reports of campaign | ||||||
20 | contributions, and quarterly semi-annual
reports of campaign | ||||||
21 | contributions and expenditures on forms to be
prescribed or | ||||||
22 | approved by the Board. The treasurer of every political
| ||||||
23 | committee that acts as both a state political committee and a | ||||||
24 | local
political committee shall file a copy of each report with | ||||||
25 | the State Board
of Elections and the county clerk.
Entities |
| |||||||
| |||||||
1 | subject to Section 9-7.5 shall file reports required by
that | ||||||
2 | Section at times
provided in this Section and are subject to | ||||||
3 | the penalties provided in this
Section.
| ||||||
4 | (b) A This subsection does not apply with respect to | ||||||
5 | general primary elections. Reports of campaign contributions | ||||||
6 | shall be filed no later than the
15th day next preceding each | ||||||
7 | election in
connection with which the political committee has | ||||||
8 | accepted or is
accepting contributions or has made or is making | ||||||
9 | expenditures. Such
reports shall be complete as of the 30th day | ||||||
10 | next preceding each election. The Board shall assess a civil | ||||||
11 | penalty not to
exceed $5,000 for a violation of this | ||||||
12 | subsection, except that for State
officers and candidates
and | ||||||
13 | political
committees formed for statewide office, the civil
| ||||||
14 | penalty may not exceed $10,000.
The fine, however, shall not | ||||||
15 | exceed $500 for a
first filing violation for filing less than | ||||||
16 | 10 days after the deadline.
There shall be no fine if the | ||||||
17 | report is mailed and postmarked at least 72 hours
prior to the | ||||||
18 | filing deadline.
For the purpose of this subsection, "statewide
| ||||||
19 | office" and "State officer" means the Governor, Lieutenant | ||||||
20 | Governor, Attorney
General,
Secretary of State,
Comptroller, | ||||||
21 | and Treasurer. However, a
continuing political committee that | ||||||
22 | does not make an expenditure or
expenditures in an aggregate | ||||||
23 | amount of more than $500 on behalf of or in opposition to any | ||||||
24 | (i) candidate or candidates, (ii) public
question or questions, | ||||||
25 | or (iii) candidate or candidates and public question or | ||||||
26 | questions on the ballot at an election shall not be required to |
| |||||||
| |||||||
1 | file the
reports prescribed in this subsection (c) (b) and | ||||||
2 | subsection (b-5) but may file in lieu thereof a Statement of
| ||||||
3 | Nonparticipation in the Election with the Board or the Board | ||||||
4 | and the county
clerk; except that if the political committee, | ||||||
5 | by the terms of its statement of organization filed in | ||||||
6 | accordance with this Article, is organized to support or oppose | ||||||
7 | a candidate or public question on the ballot at the next | ||||||
8 | election or primary, that committee must file reports required | ||||||
9 | by this subsection (c) (b) and by subsection (b-5) . If a | ||||||
10 | political committee is not organized to support or oppose a | ||||||
11 | candidate or public question on the ballot at the next election | ||||||
12 | or primary and the political committee does not file a | ||||||
13 | Statement of Nonparticipation, then the committee will be | ||||||
14 | deemed to have filed a Statement of Nonparticipation. If such | ||||||
15 | political committee participates in that election then the | ||||||
16 | committee will be considered in violation of this subsection as | ||||||
17 | if it had filed a Statement of Nonparticipation, unless the | ||||||
18 | political committee files the required reports within 5 days | ||||||
19 | after the political committee makes such contribution or within | ||||||
20 | 24 hours in the period 5 days prior to the election.
| ||||||
21 | (c) A report of (b-5) Notwithstanding the provisions of | ||||||
22 | subsection (b) and
Section 1.25 of the Statute on Statutes, any | ||||||
23 | contribution
of more than $500 received (i) with respect to | ||||||
24 | elections other than the general primary election, in the 60 | ||||||
25 | days interim between the last date
of the period
covered by the | ||||||
26 | last report filed under subsection (b) prior to the election |
| |||||||
| |||||||
1 | and
the date of the election or (ii) with respect to general | ||||||
2 | primary elections, in the period beginning January 1 of the | ||||||
3 | year of the general primary election and prior to the date of | ||||||
4 | the general primary election shall be filed electronically with | ||||||
5 | and must actually be received by
the State Board of Elections | ||||||
6 | within 2 business days after
receipt of such contribution. | ||||||
7 | (d) A single-candidate or multi-candidate committee | ||||||
8 | organized by or in support of a member of the General Assembly | ||||||
9 | also must file the reports required by subsection (c) during | ||||||
10 | the period beginning May 1 through the adjournment of the | ||||||
11 | spring legislative session. A single-candidate or | ||||||
12 | multi-candidate committee organized by or in support of the | ||||||
13 | Governor must file the reports required by subsection (c) | ||||||
14 | during the 90 days following the adjournment of the spring | ||||||
15 | legislative session. | ||||||
16 | (e) An expenditure of more than $500 made by a | ||||||
17 | multi-candidate committee for the benefit of a public official | ||||||
18 | or candidate for an office the multi-candidate committee is | ||||||
19 | organized to support made in the 60 days prior to the election | ||||||
20 | shall be electronically reported to the State Board of | ||||||
21 | Elections within 5 business days after an expenditure was made | ||||||
22 | by the multi-candidate committee. A continuing political | ||||||
23 | committee that does not support or oppose a candidate or public | ||||||
24 | question on the ballot at a general primary election and does | ||||||
25 | not make expenditures in excess of $500 on behalf of or in | ||||||
26 | opposition to any candidate or public question on the ballot at |
| |||||||
| |||||||
1 | the general primary election shall not be required to file the | ||||||
2 | report prescribed in this subsection unless the committee makes | ||||||
3 | an expenditure in excess of $500 on behalf of or in opposition | ||||||
4 | to any candidate or public question on the ballot at the | ||||||
5 | general primary election. The committee shall timely file the | ||||||
6 | report required under this subsection beginning with the date | ||||||
7 | the expenditure that triggered participation was made.
The | ||||||
8 | State Board shall allow filings of reports of contributions of | ||||||
9 | more than
$500 under this subsection (b-5) by political | ||||||
10 | committees that are not
required to file electronically to be | ||||||
11 | made by
facsimile transmission. | ||||||
12 | (f)
For the purpose of this Section subsection , a | ||||||
13 | contribution is considered
received on the date the public | ||||||
14 | official, candidate, or treasurer of the political committee | ||||||
15 | (or
equivalent person
in the case of a
reporting entity other | ||||||
16 | than a political committee) has actual personal physical | ||||||
17 | possession of actually receives it or, in
the case of goods or | ||||||
18 | services, 2 business days after the date the public
official,
| ||||||
19 | candidate, or treasurer of the committee,
or other reporting | ||||||
20 | entity has actual personal physical possession of receives the | ||||||
21 | certification required under subsection
(b) of Section 9-6.
| ||||||
22 | (g) Failure to report
each contribution is a separate | ||||||
23 | violation of this subsection. In the final
disposition of any | ||||||
24 | matter by the Board on or after the effective date of this
| ||||||
25 | amendatory Act of the 93rd General Assembly, the Board
may
| ||||||
26 | impose fines for willful or wanton violations of this |
| |||||||
| |||||||
1 | subsection not to exceed 150% 100% of the
total
amount of the | ||||||
2 | contributions that were untimely reported, but in no case when | ||||||
3 | a
fine is imposed shall it be less
than 10% of the total amount | ||||||
4 | of the contributions that were untimely
reported.
When | ||||||
5 | considering the amount of the fine to be imposed, the Board | ||||||
6 | shall
consider, but is not limited to, the following factors:
| ||||||
7 | (1) the amount by which a contribution exceeded the | ||||||
8 | threshold; | ||||||
9 | (1) whether in the Board's opinion the violation was | ||||||
10 | committed
inadvertently,
negligently, knowingly, or | ||||||
11 | intentionally;
| ||||||
12 | (2) the number of days the contribution was reported | ||||||
13 | late; and
| ||||||
14 | (3) past violations of Sections 9-3 and 9-10 of this | ||||||
15 | Article by the
committee.
| ||||||
16 | (h) The Board may impose fines for negligent, inadvertent, | ||||||
17 | or technical violations of this subsection not to exceed 50% of | ||||||
18 | the total amount of the contributions that were untimely | ||||||
19 | reported, or the Board may decline to impose a fine for such | ||||||
20 | violations. When considering the amount of the fine to be | ||||||
21 | imposed, the Board shall consider, but is not limited to, the | ||||||
22 | following factors: | ||||||
23 | (1) whether the violation was negligent, inadvertent, | ||||||
24 | or technical in nature; | ||||||
25 | (2) whether the contribution at issue was disclosed but | ||||||
26 | a violation arose because the disclosure was incorrectly |
| |||||||
| |||||||
1 | characterized or reported inadvertently by another related | ||||||
2 | committee; | ||||||
3 | (3) whether the violation arose from an apparent | ||||||
4 | discrepancy between the date of the contribution reported | ||||||
5 | by the transferring committee and the date reported by the | ||||||
6 | receiving committee, if there appears to be no attempt to | ||||||
7 | delay disclosure; | ||||||
8 | (4) whether the disclosure was triggered by an | ||||||
9 | aggregation of contributions or transfers, the unreported | ||||||
10 | contributions or transfers are less than the threshold | ||||||
11 | triggering disclosure requirements, and there appears to | ||||||
12 | be no attempt to delay disclosure; | ||||||
13 | (5) the amount by which a contribution exceeded the | ||||||
14 | threshold; | ||||||
15 | (6) the number of days the contribution was reported | ||||||
16 | late; and | ||||||
17 | (7) past violations of Sections 9-3 and 9-10 of this | ||||||
18 | Article by the committee. | ||||||
19 | (i) (c) In addition to such reports the treasurer of every | ||||||
20 | political
committee shall file quarterly semi-annual reports | ||||||
21 | of campaign contributions and
expenditures . The reports shall | ||||||
22 | cover the period January 1 through March 31, April 1 through | ||||||
23 | June 30, July 1 through September 30, and October 1 through | ||||||
24 | December 31 of each year. Reports shall be filed no later than | ||||||
25 | 20 days after the close of the reporting period. no later than | ||||||
26 | July 20th, covering the period from January 1st
through June |
| |||||||
| |||||||
1 | 30th immediately preceding, and no later than January 20th,
| ||||||
2 | covering the period from July 1st through December 31st of the | ||||||
3 | preceding
calendar year. Reports of contributions and | ||||||
4 | expenditures must be filed to
cover the prescribed time periods | ||||||
5 | even though no contributions or
expenditures may have been | ||||||
6 | received or made during the period.
The Board shall assess a | ||||||
7 | civil penalty not to exceed $5,000 for a violation
of this | ||||||
8 | subsection, except that for State officers and candidates
and | ||||||
9 | political
committees formed for statewide office, the civil
| ||||||
10 | penalty may not exceed $10,000.
The fine, however, shall not | ||||||
11 | exceed $500 for a
first filing violation for filing less than | ||||||
12 | 10 days after the deadline.
There shall be no fine if the | ||||||
13 | report is mailed and postmarked at least 72 hours
prior to the | ||||||
14 | filing deadline.
For the purpose of this subsection, "statewide
| ||||||
15 | office" and "State officer"
means the Governor, Lieutenant | ||||||
16 | Governor, Attorney General, Secretary
of State,
Comptroller, | ||||||
17 | and Treasurer.
In addition to any fine imposed under this | ||||||
18 | subsection, the State Board of Elections may order any | ||||||
19 | political committee that has failed to file 2 successive | ||||||
20 | quarterly reports within 30 days after the date the report was | ||||||
21 | due to conduct an audit of all financial records required to be | ||||||
22 | maintained by the committee at the time the audit is ordered. | ||||||
23 | The committee ordered to conduct an audit shall deliver a | ||||||
24 | certified copy of the audit to the Board within 90 calendar | ||||||
25 | days after the date the audit was ordered. If the committee | ||||||
26 | fails to deliver a certified audit in the time required, the |
| |||||||
| |||||||
1 | Board shall assess a civil penalty of $250 per day that the | ||||||
2 | audit is late, not to exceed $5,000.
| ||||||
3 | (j) (c-5) A political committee that acts as either (i) a | ||||||
4 | State and local
political committee or (ii) a local political | ||||||
5 | committee and that files reports
electronically under Section | ||||||
6 | 9-28 is not required to file copies of the reports
with the | ||||||
7 | appropriate county clerk if the county clerk has a system that
| ||||||
8 | permits access to, and duplication of, reports that are filed | ||||||
9 | with the State
Board of Elections. A State and local political | ||||||
10 | committee or
a local political committee shall file with the | ||||||
11 | county clerk a copy of its
statement of organization pursuant | ||||||
12 | to Section 9-3.
| ||||||
13 | (k) (d) A copy of each report or statement filed under this | ||||||
14 | Article
shall be
preserved by the person filing it for a period | ||||||
15 | of two years from the
date of filing.
| ||||||
16 | (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | ||||||
17 | eff. 1-1-09.)
| ||||||
18 | (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
| ||||||
19 | Sec. 9-13. Each quarterly semi-annual report of campaign | ||||||
20 | contributions and
expenditures under Section 9-10 shall | ||||||
21 | disclose-
| ||||||
22 | (1) the name and address of the political committee;
| ||||||
23 | (2) (Blank);
| ||||||
24 | (3) the amount of funds on hand at the beginning of the | ||||||
25 | reporting
period;
|
| |||||||
| |||||||
1 | (4) the full name and mailing address of each person who | ||||||
2 | has made one or
more contributions to or for such committee | ||||||
3 | within the reporting period
in an aggregate amount or value in | ||||||
4 | excess of $150, together with
the amount
and date of such | ||||||
5 | contributions, and if the contributor is an individual who
| ||||||
6 | contributed more than $500, the
occupation and employer of the | ||||||
7 | contributor or, if the occupation and employer
of the | ||||||
8 | contributor are unknown, a statement that the committee has | ||||||
9 | made a good
faith effort to ascertain this information;
| ||||||
10 | (5) the total sum of individual contributions made to or | ||||||
11 | for such
committee during the reporting period and not reported | ||||||
12 | under item (4);
| ||||||
13 | (6) the name and address of each political committee from | ||||||
14 | which the
reporting committee received, or to which that | ||||||
15 | committee made, any transfer
of funds, in the aggregate amount | ||||||
16 | or value in excess of $150,
together
with the amounts and dates | ||||||
17 | of all transfers;
| ||||||
18 | (7) the total sum of transfers made to or from such | ||||||
19 | committee during
the reporting period and not reported under | ||||||
20 | item (6);
| ||||||
21 | (8) each loan to or from any person within the reporting | ||||||
22 | period by or
to such committee in an aggregate amount or value | ||||||
23 | in excess of
$150,
together with the full names and mailing | ||||||
24 | addresses of the lender and
endorsers, if any, and the date and | ||||||
25 | amount of such loans, and if a lender or
endorser is an | ||||||
26 | individual who loaned or endorsed a loan of more than $500, the
|
| |||||||
| |||||||
1 | occupation and employer of that individual, or if the | ||||||
2 | occupation and employer
of the individual are unknown, a | ||||||
3 | statement that the committee has made a good
faith effort to | ||||||
4 | ascertain this information;
| ||||||
5 | (9) the total amount of proceeds received by such committee | ||||||
6 | from (a) the
sale of tickets for each dinner, luncheon, | ||||||
7 | cocktail party, rally, and other
fund-raising events; (b) mass | ||||||
8 | collections made at such events; and (c)
sales of items such as | ||||||
9 | political campaign pins, buttons, badges, flags,
emblems, | ||||||
10 | hats, banners, literature, and similar materials;
| ||||||
11 | (10) each contribution, rebate, refund, or other receipt in | ||||||
12 | excess of
$150 received by such committee not otherwise listed | ||||||
13 | under items
(4)
through (9), and if the contributor is an | ||||||
14 | individual who
contributed more than $500, the
occupation and | ||||||
15 | employer of the contributor or, if the occupation and employer
| ||||||
16 | of the contributor are unknown, a statement that the committee | ||||||
17 | has made a good
faith effort to ascertain this information;
| ||||||
18 | (11) the total sum of all receipts by or for such committee | ||||||
19 | or candidate
during the reporting period;
| ||||||
20 | (12) the full name and mailing address of each person to | ||||||
21 | whom
expenditures have been made by such committee or candidate | ||||||
22 | within the
reporting period in an aggregate amount or value in | ||||||
23 | excess of $150,
the
amount, date, and purpose of each such | ||||||
24 | expenditure and the question of
public policy or the name and | ||||||
25 | address of, and office sought by, each
candidate on whose | ||||||
26 | behalf such expenditure was made;
|
| |||||||
| |||||||
1 | (13) the full name and mailing address of each person to | ||||||
2 | whom an
expenditure for personal services, salaries, and | ||||||
3 | reimbursed expenses in
excess of $150 has been made, and which | ||||||
4 | is not otherwise reported,
including the amount, date, and | ||||||
5 | purpose of such expenditure;
| ||||||
6 | (14) the total sum of expenditures made by such committee | ||||||
7 | during the
reporting period;
| ||||||
8 | (15) the full name and mailing address of each person to | ||||||
9 | whom the
committee owes debts or obligations in excess of $150, | ||||||
10 | and the
amount of
such debts or obligations.
| ||||||
11 | The Board shall by rule define a "good faith effort".
| ||||||
12 | (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
| ||||||
13 | (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
| ||||||
14 | Sec. 9-14.
Each quarterly semi-annual report of campaign | ||||||
15 | contributions and
expenditures required by Section 9-10 of this | ||||||
16 | Article to be filed with the
Board or the Board and the county | ||||||
17 | clerk shall be verified, dated, and
signed by either the | ||||||
18 | treasurer of the political committee making the report
or the | ||||||
19 | candidate on whose behalf the report is made, and shall contain
| ||||||
20 | substantially the following:
| ||||||
21 | QUARTERLY SEMI-ANNUAL REPORT OF CAMPAIGN
| ||||||
22 | CONTRIBUTIONS AND EXPENDITURES
| ||||||
23 | (1) name and address of the political committee:
| ||||||
24 | .............................................................
| ||||||
25 | (2) the date of the beginning of the reporting period, and the
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
1 | amount of funds on hand at the beginning of the reporting | |||||||||||||||||||||||||||||||||||||||||||||||||
2 | period;
| |||||||||||||||||||||||||||||||||||||||||||||||||
3 | .............................................................
| |||||||||||||||||||||||||||||||||||||||||||||||||
4 | (3) the full name and mailing address of each person who has | |||||||||||||||||||||||||||||||||||||||||||||||||
5 | made
one or more contributions to or for the committee within | |||||||||||||||||||||||||||||||||||||||||||||||||
6 | the reporting period
in an aggregate amount or value in excess | |||||||||||||||||||||||||||||||||||||||||||||||||
7 | of $150, together with
the amount and
date of such | |||||||||||||||||||||||||||||||||||||||||||||||||
8 | contributions, and if a contributor is an individual who
| |||||||||||||||||||||||||||||||||||||||||||||||||
9 | contributed more than $500,
the occupation and employer of each | |||||||||||||||||||||||||||||||||||||||||||||||||
10 | contributor or, if the
occupation and employer of the | |||||||||||||||||||||||||||||||||||||||||||||||||
11 | contributor are unknown, a statement that the
committee has | |||||||||||||||||||||||||||||||||||||||||||||||||
12 | made a good faith effort to ascertain this information:
| |||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (4) the total sum of individual contributions made to or for | |||||||||||||||||||||||||||||||||||||||||||||||||
20 | the
committee during the reporting period and not reported | |||||||||||||||||||||||||||||||||||||||||||||||||
21 | under item--(3):
| |||||||||||||||||||||||||||||||||||||||||||||||||
22 | .............................................................
| |||||||||||||||||||||||||||||||||||||||||||||||||
23 | (5) the name and address of each political committee from which
| |||||||||||||||||||||||||||||||||||||||||||||||||
24 | the reporting committee received, or to which that committee | |||||||||||||||||||||||||||||||||||||||||||||||||
25 | made, any
transfer of funds, in an aggregate amount or value in | |||||||||||||||||||||||||||||||||||||||||||||||||
26 | excess of
$150,
together with the amounts and dates of all |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | transfers:
| |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
6 | (6) the total sum of transfers made to or from such committee
| |||||||||||||||||||||||||||||||||||||
7 | during the reporting period and not reported under item (5);
| |||||||||||||||||||||||||||||||||||||
8 | (7) each loan to or from any person within the reporting period | |||||||||||||||||||||||||||||||||||||
9 | by or to
the committee in an aggregate amount or value in | |||||||||||||||||||||||||||||||||||||
10 | excess of $150,
together with the full names and mailing | |||||||||||||||||||||||||||||||||||||
11 | addresses of the lender and
endorsers, if any, and the date and | |||||||||||||||||||||||||||||||||||||
12 | amount of such loans, and if a lender or
endorser is an | |||||||||||||||||||||||||||||||||||||
13 | individual who loaned or endorsed a loan of more than $500,
the | |||||||||||||||||||||||||||||||||||||
14 | occupation and employer of each person making the loan, or if | |||||||||||||||||||||||||||||||||||||
15 | the
occupation and employer
of the individual are unknown, a | |||||||||||||||||||||||||||||||||||||
16 | statement that the committee has made a good
faith effort to | |||||||||||||||||||||||||||||||||||||
17 | ascertain this information:
| |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
22 | (8) the total amount of proceeds received by the committee from
| |||||||||||||||||||||||||||||||||||||
23 | (a) the sale of tickets for each dinner, luncheon, cocktail | |||||||||||||||||||||||||||||||||||||
24 | party, rally, and
other fund-raising events; (b) mass | |||||||||||||||||||||||||||||||||||||
25 | collections made at such events; and (c)
sales of items such as | |||||||||||||||||||||||||||||||||||||
26 | political campaign pins, buttons, badges, flags,
emblems, |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | hats, banners, literature, and similar materials:
| |||||||||||||||||||||||||||||||||||||
2 | (a) ..........................................................
| |||||||||||||||||||||||||||||||||||||
3 | (b) ..........................................................
| |||||||||||||||||||||||||||||||||||||
4 | (c) ..........................................................
| |||||||||||||||||||||||||||||||||||||
5 | (9) each contribution, rebate, refund, or other receipt in | |||||||||||||||||||||||||||||||||||||
6 | excess of
$150 received by the committee not otherwise listed | |||||||||||||||||||||||||||||||||||||
7 | under items (3)
through (8), and if a contributor is an | |||||||||||||||||||||||||||||||||||||
8 | individual who
contributed more than $500,
the occupation and | |||||||||||||||||||||||||||||||||||||
9 | employer of each contributor or, if the
occupation and employer | |||||||||||||||||||||||||||||||||||||
10 | of the contributor are unknown, a statement that the
committee | |||||||||||||||||||||||||||||||||||||
11 | has made a good faith effort to ascertain this information:
| |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
16 | (10) the total sum of all receipts by or for the committee
| |||||||||||||||||||||||||||||||||||||
17 | during the reporting period:
| |||||||||||||||||||||||||||||||||||||
18 | .............................................................
| |||||||||||||||||||||||||||||||||||||
19 | (11) the full name and mailing address of each person to whom
| |||||||||||||||||||||||||||||||||||||
20 | expenditures have been made by the committee within the | |||||||||||||||||||||||||||||||||||||
21 | reporting period
in an aggregate amount or value in excess of | |||||||||||||||||||||||||||||||||||||
22 | $150, the amount,
date, and purpose of each such expenditure, | |||||||||||||||||||||||||||||||||||||
23 | and the question of public
policy or the name and address of, | |||||||||||||||||||||||||||||||||||||
24 | and office sought by, each candidate
on whose behalf the | |||||||||||||||||||||||||||||||||||||
25 | expenditure was made:
| |||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
6 | (12) the full name and mailing address of each person to whom | |||||||||||||||||||||||||||||||||||||||||
7 | an
expenditure for personal services, salaries, and reimbursed | |||||||||||||||||||||||||||||||||||||||||
8 | expenses in excess
of $150 has been made, and which is not | |||||||||||||||||||||||||||||||||||||||||
9 | otherwise reported,
including the amount, date, and purpose of | |||||||||||||||||||||||||||||||||||||||||
10 | such expenditure:
| |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
15 | (13) the total sum of expenditures made by the committee during
| |||||||||||||||||||||||||||||||||||||||||
16 | the reporting period;
| |||||||||||||||||||||||||||||||||||||||||
17 | .............................................................
| |||||||||||||||||||||||||||||||||||||||||
18 | (14) the full name and mailing address of each person to whom
| |||||||||||||||||||||||||||||||||||||||||
19 | the committee owes debts or obligations in excess of $150, and | |||||||||||||||||||||||||||||||||||||||||
20 | the
amount of
such debts or obligations:
| |||||||||||||||||||||||||||||||||||||||||
21 | .............................................................
| |||||||||||||||||||||||||||||||||||||||||
22 | .............................................................
| |||||||||||||||||||||||||||||||||||||||||
23 | VERIFICATION:
| |||||||||||||||||||||||||||||||||||||||||
24 | "I declare that this quarterly semi-annual report of | |||||||||||||||||||||||||||||||||||||||||
25 | campaign contributions and
expenditures (including any | |||||||||||||||||||||||||||||||||||||||||
26 | accompanying schedules and statements) has
been examined by me |
| |||||||
| |||||||
1 | and to the best of my knowledge and belief is a
true, correct | ||||||
2 | and complete report as required by Article 9 of The
Election | ||||||
3 | Code. I understand that willfully filing a
false or incomplete | ||||||
4 | report is a business offense subject to a fine of up to
| ||||||
5 | $5,000."
| ||||||
6 | ................ .......................................
| ||||||
7 | (date of filing) (signature of person making the report)
| ||||||
8 | (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99 .)
| ||||||
9 | (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
| ||||||
10 | Sec. 9-21.
Upon receipt of a such complaint as provided in | ||||||
11 | Section 9-20 , the Board shall hold a closed
preliminary hearing | ||||||
12 | to determine whether or not the complaint appears to
have been | ||||||
13 | filed on justifiable grounds. Such closed preliminary hearing
| ||||||
14 | shall be conducted as soon as practicable after affording | ||||||
15 | reasonable
notice, a copy of the complaint, and an opportunity | ||||||
16 | to 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 fails to determine
that the complaint | ||||||
19 | has been filed on justifiable grounds, it shall dismiss the
| ||||||
20 | complaint without further hearing.
| ||||||
21 | Whenever in the judgment of the Board in an open meeting | ||||||
22 | determines , after affording due notice and an
opportunity for a | ||||||
23 | public hearing, any person has engaged or is about to
engage in | ||||||
24 | an act or practice which constitutes or will constitute a
| ||||||
25 | violation of any provision of this Article or any regulation or |
| |||||||
| |||||||
1 | order
issued thereunder, the Board shall issue an order | ||||||
2 | directing such person to
take such action as the Board | ||||||
3 | determines may be necessary in the public
interest to correct | ||||||
4 | the violation.
In addition, if the act or practice
engaged in | ||||||
5 | consists of the failure to file any required report within the
| ||||||
6 | time prescribed by this Article, the Board, as part of its | ||||||
7 | order, shall
further provide that if, within the 12-month | ||||||
8 | period following the issuance
of the order, such person fails | ||||||
9 | to file within the time prescribed by this
Article any | ||||||
10 | subsequent report as may be required, such person may be | ||||||
11 | subject
to a civil penalty pursuant to Section 9-23. The Board | ||||||
12 | shall render its final
judgment within 60 days of the date the | ||||||
13 | complaint is filed; except that
during the 60 days preceding | ||||||
14 | the date of the election in reference to which
the complaint is | ||||||
15 | filed, the Board shall render its final judgment within 7
days | ||||||
16 | of the date the complaint is filed, and during the 7 days | ||||||
17 | preceding
such election, the Board shall render such judgment | ||||||
18 | before the date of such
election, if possible.
| ||||||
19 | At any time prior to the issuance of the Board's final | ||||||
20 | judgment, the
parties may dispose of the complaint by a written | ||||||
21 | stipulation, agreed
settlement
or consent order. Any such | ||||||
22 | stipulation, settlement or order shall, however,
be submitted | ||||||
23 | in writing to the Board and shall become effective only if
| ||||||
24 | approved by the Board in an open meeting . If the act or | ||||||
25 | practice complained of consists of
the failure to file any | ||||||
26 | required report within the time prescribed by this
Article, |
| |||||||
| |||||||
1 | such stipulation, settlement or order may provide that if, | ||||||
2 | within
the 12-month period following the approval of such | ||||||
3 | stipulation,
agreement or order, the person complained of fails | ||||||
4 | to file within the time
prescribed by this Article any | ||||||
5 | subsequent reports as may be required, such
person may be | ||||||
6 | subject to a civil penalty pursuant to Section 9-23.
| ||||||
7 | Any person filing a complaint pursuant to Section 9-20 may, | ||||||
8 | upon written
notice to the other parties and to the Board, | ||||||
9 | voluntarily withdraw the
complaint
at any time prior to the | ||||||
10 | issuance of the Board's final determination.
| ||||||
11 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
12 | (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
| ||||||
13 | Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
| ||||||
14 | has issued an order, or has approved a written stipulation, | ||||||
15 | agreed settlement
or consent order, directing a person | ||||||
16 | determined by the Board to be in
violation of any provision of | ||||||
17 | this Article or any regulation
adopted thereunder, to cease or | ||||||
18 | correct such violation or otherwise comply
with this Article | ||||||
19 | and such person fails or refuses to comply
with such order, | ||||||
20 | stipulation, settlement or consent order within the
time | ||||||
21 | specified by the Board, the Board in an open meeting , after | ||||||
22 | affording notice and an
opportunity for a public hearing, may | ||||||
23 | impose a civil penalty on such person
in an amount not to | ||||||
24 | exceed $5,000; except that for State officers and
candidates | ||||||
25 | and political
committees formed for statewide office, the civil
|
| |||||||
| |||||||
1 | penalty may not exceed $10,000. For the purpose of this | ||||||
2 | Section, "statewide
office" and "State officer"
means the | ||||||
3 | Governor, Lieutenant Governor, Attorney General, Secretary
of | ||||||
4 | State,
Comptroller, and Treasurer.
| ||||||
5 | Civil penalties imposed on any such person by the Board | ||||||
6 | shall be enforceable
in the Circuit Court. The Board shall | ||||||
7 | petition the Court for an order to
enforce collection of the | ||||||
8 | penalty and, if the Court finds it has jurisdiction
over the | ||||||
9 | person against whom the penalty was imposed, the Court shall | ||||||
10 | issue
the appropriate order. Any civil penalties collected by | ||||||
11 | the Court shall
be forwarded to the State Treasurer.
| ||||||
12 | In addition to or in lieu of the imposition of a civil | ||||||
13 | penalty, the board
may report such violation and the failure or | ||||||
14 | refusal to comply with the
order of the Board to the Attorney | ||||||
15 | General and the appropriate State's
Attorney.
| ||||||
16 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
17 | (10 ILCS 5/9-23.5 new)
| ||||||
18 | Sec. 9-23.5. Public database of founded complaints. The | ||||||
19 | State Board of Elections shall establish and maintain on its | ||||||
20 | official website a searchable database, freely accessible to | ||||||
21 | the public, of each complaint filed with the Board under this | ||||||
22 | Article where Board action was taken, including all Board | ||||||
23 | actions and penalties imposed, if any. The Board must update | ||||||
24 | the database within 5 business days after an action taken or a | ||||||
25 | penalty imposed to include that complaint, action, or penalty |
| |||||||
| |||||||
1 | in the database.
| ||||||
2 | (10 ILCS 5/9-28)
| ||||||
3 | Sec. 9-28. Electronic filing and availability. The Board | ||||||
4 | shall
by rule
provide for the electronic filing of expenditure | ||||||
5 | and contribution
reports as follows:
| ||||||
6 | Beginning July 1, 1999, or as soon thereafter as the Board | ||||||
7 | has provided
adequate software to the political committee, | ||||||
8 | electronic filing is required for
all
political
committees that | ||||||
9 | during the
reporting period (i) had at any time a balance or an | ||||||
10 | accumulation of
contributions
of $25,000 or more, (ii) made | ||||||
11 | aggregate expenditures of $25,000 or more, or
(iii) received | ||||||
12 | loans of an aggregate of $25,000 or more.
| ||||||
13 | Beginning July 1, 2003, electronic filing is required for | ||||||
14 | all political
committees that during the reporting period (i)
| ||||||
15 | had at any time a balance or
an accumulation of contributions | ||||||
16 | of $10,000 or more, (ii) made aggregate
expenditures of $10,000 | ||||||
17 | or more, or (iii) received loans of an aggregate of
$10,000
or | ||||||
18 | more.
| ||||||
19 | Notwithstanding any other provision of this Section, a | ||||||
20 | political committee filing a report under subsections (c), (d), | ||||||
21 | and (e) of Section 9-10 must file that report electronically. | ||||||
22 | The Board may provide by rule for the optional
electronic | ||||||
23 | filing of
expenditure and contribution reports for all other | ||||||
24 | political committees.
The Board shall promptly
make all reports | ||||||
25 | filed under this Article by
all political committees publicly
|
| |||||||
| |||||||
1 | available by means of a searchable database that is accessible | ||||||
2 | through
the World Wide Web.
| ||||||
3 | The Board shall provide all software necessary to comply | ||||||
4 | with this
Section to candidates, public officials, political | ||||||
5 | committees, and election
authorities.
| ||||||
6 | The Board shall implement a plan to provide computer access | ||||||
7 | and assistance
to candidates, public officials, political | ||||||
8 | committees, and election authorities
with respect to | ||||||
9 | electronic filings required under this Article.
| ||||||
10 | For the purposes of this Section, "political committees" | ||||||
11 | includes entities
required to report to the Board under Section | ||||||
12 | 9-7.5.
| ||||||
13 | (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)
| ||||||
14 | (10 ILCS 5/9-28.5 new)
| ||||||
15 | Sec. 9-28.5. Injunctive relief for electioneering | ||||||
16 | communications. | ||||||
17 | (a) Whenever the Attorney General, or a State's Attorney | ||||||
18 | with jurisdiction over any portion of the relevant electorate, | ||||||
19 | believes that any person, as defined in Section 9-1.6, is | ||||||
20 | making, producing, publishing, republishing, or broadcasting | ||||||
21 | an electioneering communication paid for by any person, as | ||||||
22 | defined in Section 9-1.6, who has not first complied with the | ||||||
23 | registration and disclosure requirements of this Article, he or | ||||||
24 | she may bring an action in the name of the People of the State | ||||||
25 | of Illinois or, in the case of a State's Attorney, the People |
| |||||||
| |||||||
1 | of the County, against such person or persons to restrain by | ||||||
2 | preliminary or permanent injunction the making, producing, | ||||||
3 | publishing, republishing, or broadcasting of such | ||||||
4 | electioneering communication until the registration and | ||||||
5 | disclosure requirements have been met. | ||||||
6 | (b) Any person who believes any person, as defined in | ||||||
7 | Section 9-1.6, is making, producing, publishing, republishing, | ||||||
8 | or broadcasting an electioneering communication paid for by any | ||||||
9 | person, as defined in Section 9-1.6, who has not first complied | ||||||
10 | with the registration and disclosure requirements of this | ||||||
11 | Article may bring an action in the circuit court against such | ||||||
12 | person or persons to restrain by preliminary or permanent | ||||||
13 | injunction the making, producing, publishing, republishing, or | ||||||
14 | broadcasting of such electioneering communication until the | ||||||
15 | registration and disclosure requirements have been met. | ||||||
16 | (10 ILCS 5/9-30)
| ||||||
17 | Sec. 9-30. Ballot forfeiture. The State Board of Elections | ||||||
18 | shall not certify the The name of any a person who has not paid | ||||||
19 | a
civil penalty imposed against his or her political committee | ||||||
20 | him or her under this Article to shall not appear
upon any | ||||||
21 | ballot for any office in any election while the penalty is | ||||||
22 | unpaid.
| ||||||
23 | The State Board of Elections shall generate a list of all | ||||||
24 | candidates whose political committees have not paid any civil | ||||||
25 | penalty assessed against them under this Article. Such list |
| |||||||
| |||||||
1 | shall be transmitted to any election authority whose duty it is | ||||||
2 | to place the name of any such candidate on the ballot. The | ||||||
3 | election authority shall not place upon the ballot the name of | ||||||
4 | any candidate appearing on this list for any office in any | ||||||
5 | election while the penalty is unpaid. | ||||||
6 | (Source: P.A. 93-615, eff. 11-19-03.) | ||||||
7 | (10 ILCS 5/9-40 new)
| ||||||
8 | Sec. 9-40. Public Financing of Judicial Elections Task | ||||||
9 | Force. | ||||||
10 | (a) There is hereby established a Public Financing of | ||||||
11 | Judicial Elections Task Force. The Task Force shall conduct | ||||||
12 | meetings and take testimony to assess the need for developing a | ||||||
13 | system of public financing for judicial elections. | ||||||
14 | (b) The Task Force shall consist of all of the following | ||||||
15 | voting members: | ||||||
16 | (1) Four persons appointed by the Governor, with no | ||||||
17 | more than 2 from the same political party. | ||||||
18 | (2) Four members of the judiciary appointed by the | ||||||
19 | Illinois Supreme Court. | ||||||
20 | (3) One member appointed by the President of the | ||||||
21 | Senate. | ||||||
22 | (4) One member appointed by the Minority Leader of the | ||||||
23 | Senate. | ||||||
24 | (5) One member appointed by the Speaker of the House of | ||||||
25 | Representatives. |
| |||||||
| |||||||
1 | (6) One member appointed by the Minority Leader of the | ||||||
2 | House of Representatives. | ||||||
3 | (7) One member appointed by the State Board of | ||||||
4 | Elections. | ||||||
5 | (c) In the event of a vacancy, the appointment to fill the | ||||||
6 | vacancy shall be made by the appointing authority that made the | ||||||
7 | original appointment. The Task Force may begin to conduct | ||||||
8 | business upon the appointment of a majority of the voting | ||||||
9 | members. | ||||||
10 | (d) The State Board of Elections shall be the agency | ||||||
11 | responsible for providing staff and administrative support to | ||||||
12 | the Task Force. Members of the Task Force shall receive no | ||||||
13 | compensation for their participation, but may be reimbursed for | ||||||
14 | expenses in connection with their participation, if funds are | ||||||
15 | available. | ||||||
16 | (e) The Task Force shall submit a report to the Governor, | ||||||
17 | General Assembly, and Illinois Supreme Court by January 1, | ||||||
18 | 2012. The State Board of Elections shall make the report | ||||||
19 | available on its website. | ||||||
20 | (f) The Task Force is abolished on January 10, 2012, and | ||||||
21 | this Section is repealed on January 10, 2012. | ||||||
22 | Section 97. Severability. The provisions of this Act are | ||||||
23 | severable under Section 1.31 of the Statute on Statutes. | ||||||
24 | Section 99. Effective date. This Act takes effect January | ||||||
25 | 1, 2011, except that this Section and the changes to Sections |
| |||||||
| |||||||
1 | 7-8, 9-1.14, 9-28.5, 9-30, and 9-40 of the Election Code take | ||||||
2 | effect upon becoming law.
|