Sen. Christine Radogno
Filed: 5/28/2009
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1 | AMENDMENT TO HOUSE BILL 7
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2 | AMENDMENT NO. ______. Amend House Bill 7 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing the | ||||||
5 | heading of Article 9 and Sections 9-1, 9-1.4, 9-1.5, 9-10, | ||||||
6 | 9-18, 9-21, 9-23, and 9-28 and by adding Sections 9-1.16, | ||||||
7 | 9-1.18, 9-1.19, 9-1.20, 9-1.21, 9-1.22, 9-1.23, 9-2.5, 9-2.7, | ||||||
8 | 9-8.5, 9-8.6, 9-8.7, 9-8.9, and 9-23.5 as follows: | ||||||
9 | (10 ILCS 5/Art. 9 heading) | ||||||
10 | ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
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11 | CONTRIBUTIONS AND EXPENDITURES
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12 | (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
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13 | Sec. 9-1. As used in this Article, unless the context | ||||||
14 | otherwise requires,
the terms defined in Sections 9-1.1 through | ||||||
15 | 9-1.23
9-1.13 , have the respective
meanings as defined in those |
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1 | Sections.
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2 | (Source: P.A. 86-873.)
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3 | (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
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4 | Sec. 9-1.4. "Contribution" means-
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5 | (1) a gift, subscription, donation, dues, loan, advance, or | ||||||
6 | deposit
of money or anything of value, knowingly received in | ||||||
7 | connection with the
nomination for election, or election, or | ||||||
8 | retention of any person to or in public office, in
connection | ||||||
9 | with the election of any person as ward or township | ||||||
10 | committeeman in
counties of 3,000,000 or more population, or
in | ||||||
11 | connection with any question of public policy;
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12 | (1.5) a gift, subscription, donation, dues, loan, advance, | ||||||
13 | deposit of money, or anything of value that constitutes an | ||||||
14 | electioneering communication regardless of whether the | ||||||
15 | communication is made in concert or cooperation with or at the | ||||||
16 | request, suggestion, or knowledge of a candidate, a candidate's | ||||||
17 | authorized local political committee, a State political | ||||||
18 | committee, a political committee in support of or opposition to | ||||||
19 | a question of public policy, or any of their agents;
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20 | (2) the purchase of tickets for fund-raising events, | ||||||
21 | including but
not limited to dinners, luncheons, cocktail | ||||||
22 | parties, and rallies made in
connection with the nomination for | ||||||
23 | election, or election, or retention of any person
to or in | ||||||
24 | public office, in connection with the election of any person as | ||||||
25 | ward or
township committeeman in counties of 3,000,000 or more |
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1 | population, or in
connection with any question of public | ||||||
2 | policy;
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3 | (3) a transfer of funds between political committees; and
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4 | (4) the services of an employee donated by an employer, in | ||||||
5 | which
case the contribution shall be listed in the name of the | ||||||
6 | employer,
except that any individual services provided | ||||||
7 | voluntarily and without
promise or expectation of compensation | ||||||
8 | from any source shall not be deemed
a contribution; but
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9 | (5) does not include--
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10 | (a) the use of real or personal property and the cost | ||||||
11 | of invitations,
food,
and beverages, voluntarily provided | ||||||
12 | by an individual in rendering voluntary
personal services | ||||||
13 | on the individual's residential premises for
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14 | candidate-related
activities; provided the value of the | ||||||
15 | service provided does not exceed an
aggregate of $150 in a | ||||||
16 | reporting period;
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17 | (b) the sale of any food or beverage by a vendor for | ||||||
18 | use in a candidate's
campaign at a charge less than the | ||||||
19 | normal comparable charge, if such charge
for use in a | ||||||
20 | candidate's campaign is at least equal to the cost of such
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21 | food or beverage to the vendor.
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22 | (Source: P.A. 94-645, eff. 8-22-05.)
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23 | (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | ||||||
24 | Sec. 9-1.5. Expenditure defined. | ||||||
25 | "Expenditure" means-
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1 | (1) a payment, distribution, purchase, loan, advance, | ||||||
2 | deposit, or
gift of money or anything of value, in connection | ||||||
3 | with the nomination
for election, or election, or retention of | ||||||
4 | any person to or in public office, in connection with
the | ||||||
5 | election of any person as ward or township committeeman in | ||||||
6 | counties of
3,000,000 or more population, or in
connection with | ||||||
7 | any question of public policy.
"Expenditure" also includes a | ||||||
8 | payment, distribution, purchase, loan,
advance, deposit, or | ||||||
9 | gift of
money or anything of value that constitutes an | ||||||
10 | electioneering communication
regardless of whether the | ||||||
11 | communication is made in concert or cooperation with
or at the | ||||||
12 | request, suggestion, or knowledge of a candidate, a candidate's
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13 | authorized
local political committee, a State political | ||||||
14 | committee, a political committee in support of or opposition to | ||||||
15 | a question of public policy, or any of their
agents.
However, | ||||||
16 | expenditure does not
include -
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17 | (a) the use of real or personal property and the cost | ||||||
18 | of invitations,
food,
and beverages, voluntarily provided | ||||||
19 | by an individual in rendering voluntary
personal services | ||||||
20 | on the individual's
residential premises for | ||||||
21 | candidate-related activities; provided the value
of the | ||||||
22 | service provided does not exceed an aggregate of $150 in a | ||||||
23 | reporting
period;
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24 | (b) the sale of any food or beverage by a vendor for | ||||||
25 | use in a candidate's
campaign at a charge less than the | ||||||
26 | normal comparable charge, if such charge
for use in a |
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1 | candidate's
campaign is at least equal to the cost of such | ||||||
2 | food or beverage to the vendor.
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3 | (2) a transfer of funds between political committees.
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4 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | ||||||
5 | 93-847, eff. 7-30-04.)
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6 | (10 ILCS 5/9-1.16 new) | ||||||
7 | Sec. 9-1.16. Regular election period. | ||||||
8 | (a) "Regular election period" means, for purposes of (i) | ||||||
9 | contributions to political committees designated by | ||||||
10 | established political parties and candidates for nomination or | ||||||
11 | election to offices to be filled at a general election and (ii) | ||||||
12 | independent expenditures benefiting candidates for nomination | ||||||
13 | or election to offices to be filled at a general election, each | ||||||
14 | of the following: | ||||||
15 | (1) The period beginning on January 1 immediately | ||||||
16 | following the date of the most recent general election for | ||||||
17 | the office to which a candidate seeks nomination or | ||||||
18 | election and ending the day of the next general primary | ||||||
19 | election for that office. | ||||||
20 | (2) The period beginning on the day after the most | ||||||
21 | recent general primary election for the office to which the | ||||||
22 | candidate seeks nomination or election and ending on the | ||||||
23 | December 31 after the general election for that office. | ||||||
24 | (b) "Regular election period" means, for purposes of (i) | ||||||
25 | contributions to a political committee designated by an |
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1 | incumbent judge seeking retention in office and (ii) | ||||||
2 | independent expenditures benefiting incumbent judges seeking | ||||||
3 | retention in office, the period beginning on the date on which | ||||||
4 | an incumbent judge declares his or her intention to seek | ||||||
5 | retention in office and ending 90 days after the retention | ||||||
6 | election. | ||||||
7 | (c) "Regular election period" means, for purposes of (i) | ||||||
8 | contributions made to political committees designated by | ||||||
9 | candidates for nomination or election to offices to be filled | ||||||
10 | at a consolidated primary or consolidated election and (ii) | ||||||
11 | independent expenditures benefiting candidates for nomination | ||||||
12 | or election to offices to be filled at a consolidated primary | ||||||
13 | or consolidated election,
the period beginning on July 1 | ||||||
14 | immediately following the date of the most recent consolidated | ||||||
15 | primary election or consolidated election at which the office | ||||||
16 | for which the candidate seeks nomination or election was filled | ||||||
17 | and ending on June 30 immediately after the date of the next | ||||||
18 | consolidated primary election or consolidated election for | ||||||
19 | that office. | ||||||
20 | (10 ILCS 5/9-1.18 new) | ||||||
21 | Sec. 9-1.18. Labor organization. The term "labor | ||||||
22 | organization" means any organization of any kind or any agency | ||||||
23 | or employee representation committee or plan in which employees | ||||||
24 | participate and that exists for the purpose, in whole or in | ||||||
25 | part, of dealing with employers concerning grievances, labor |
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1 | disputes, wages, rates of pay, hours of employment, or | ||||||
2 | conditions of work, including any parent, subsidiary, | ||||||
3 | affiliate, branch, division, department or local unit thereof. | ||||||
4 | (10 ILCS 5/9-1.19 new) | ||||||
5 | Sec. 9-1.19. Corporation. The term "corporation" includes | ||||||
6 | a corporation, limited liability company, partnership, limited | ||||||
7 | partnership, limited liability partnership, professional | ||||||
8 | association, professional corporation, professional practice, | ||||||
9 | cooperative, sole proprietorship, or any other | ||||||
10 | legally-recognized business entity, whether organized on a | ||||||
11 | for-profit or non-profit basis, whether organized under the | ||||||
12 | laws of Illinois or of another state. The term "corporation" | ||||||
13 | shall not include a labor organization as defined in Section | ||||||
14 | 19-1.18. | ||||||
15 | (10 ILCS 5/9-1.20 new) | ||||||
16 | Sec. 9-1.20. Association. The term "association" means any | ||||||
17 | group, club, collective, membership organization, collection | ||||||
18 | of persons, entity organized under Section 501 or 527 of the | ||||||
19 | Internal Revenue Code, or other entity other than a natural | ||||||
20 | person; except that an association does not include a political | ||||||
21 | committee organized under this Article. | ||||||
22 | (10 ILCS 5/9-1.21 new)
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23 | Sec. 9-1.21. Affiliated person. "Affiliated person" means |
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1 | (i) any person with any ownership interest or distributive | ||||||
2 | share of an affiliated entity in excess of 7.5% and (ii) for | ||||||
3 | each affiliated entity, any "executive employee" as that term | ||||||
4 | is defined in Section 50-37 of the Illinois Procurement Code. | ||||||
5 | (10 ILCS 5/9-1.22 new)
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6 | Sec. 9-1.22. Affiliated entity. "Affiliated entity" means | ||||||
7 | (i) any parent or subsidiary or local of the entity, (ii) any | ||||||
8 | member of the same unitary business group, (iii) any | ||||||
9 | organization recognized by the United States Internal Revenue | ||||||
10 | Service as a tax-exempt organization described in Section | ||||||
11 | 501(c) of the Internal Revenue Code of 1986 (or any successor | ||||||
12 | provision of federal tax law) established by the entity, or | ||||||
13 | (iv) any political Committee for which any of the | ||||||
14 | aforementioned is the sponsoring entity. | ||||||
15 | (10 ILCS 5/9-1.23 new)
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16 | Sec. 9-1.23. Statewide office. For purposes of this Article | ||||||
17 | 9, "statewide office" means the offices of Governor, Lieutenant | ||||||
18 | Governor, Attorney General, Secretary of State, Comptroller, | ||||||
19 | and Treasurer. | ||||||
20 | (10 ILCS 5/9-2.5 new) | ||||||
21 | Sec. 9-2.5. Single political committee. | ||||||
22 | (a) Except as provided by this Section, no public official | ||||||
23 | or candidate for public office may establish more than one |
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1 | political committee for each office that public official or | ||||||
2 | candidate occupies or is seeking. | ||||||
3 | (b) A public official with one or more pre-existing | ||||||
4 | committees bound by the limits of any subsection of Section | ||||||
5 | 9-8.5 considering a candidacy for any office covered by the | ||||||
6 | limits of any different subsection of Section 9-8.5 must form a | ||||||
7 | new committee, to be termed an exploratory committee. A | ||||||
8 | pre-existing committee created for the primary purpose of | ||||||
9 | aiding that candidate's election to other offices that ceases | ||||||
10 | all fundraising after the creation of an exploratory committee | ||||||
11 | may transfer funds without limit to an exploratory committee. | ||||||
12 | If the candidate decides against running for the new office, | ||||||
13 | fails to qualify for the ballot at the next election, or loses | ||||||
14 | the next election, but remains in the office for which the | ||||||
15 | pre-existing committee was designated, the pre-existing | ||||||
16 | committee may be continued to be used as the designated | ||||||
17 | committee for that candidate. If the candidate decides against | ||||||
18 | running for the new office, fails to qualify for the ballot at | ||||||
19 | the next election, or loses the next election, then the | ||||||
20 | exploratory committee must return any remaining funds to | ||||||
21 | contributors, including returning funds to the candidate's | ||||||
22 | pre-existing designated committee in an amount not to exceed | ||||||
23 | the amount the pre-existing committee transferred to the | ||||||
24 | exploratory committee, or donate the funds to charity, and | ||||||
25 | close the exploratory committee within 90 days following the | ||||||
26 | candidate's decision not to run, failure to qualify, or loss. |
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1 | (c) As described in 5/9-2.7(c), the President of the | ||||||
2 | Senate, Minority Leader of the Senate, Speaker of the House of | ||||||
3 | Representatives, and Minority Leader of the House of | ||||||
4 | Representatives may each establish and operate one additional | ||||||
5 | political committee for the purpose of supporting the election | ||||||
6 | of candidates to the General Assembly. The committees provided | ||||||
7 | for in this subsection (c) shall not be considered established | ||||||
8 | by the President of the Senate, Minority Leader of the Senate, | ||||||
9 | Speaker of the House of Representatives, or Minority Leader of | ||||||
10 | the House of Representatives for purposes of Section 9-2.5.
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11 | (10 ILCS 5/9-2.7 new) | ||||||
12 | Sec. 9-2.7. Designated Political Committees. | ||||||
13 | (a) Candidate committees. | ||||||
14 | (1) Each candidate shall designate in writing one and | ||||||
15 | only one political committee to serve as the political | ||||||
16 | committee of the candidate. The candidate shall file this | ||||||
17 | designation with the State Board of Elections no later than | ||||||
18 | 15 business days after becoming a candidate or establishing | ||||||
19 | the committee. The designation shall become effective upon | ||||||
20 | filing with the State Board of Elections. Any committee so | ||||||
21 | designated may, within 10 business days after notification | ||||||
22 | of the designation, reject the designation. If a committee | ||||||
23 | rejects a candidate designation, the committee must return | ||||||
24 | to donors any funds raised as a result of the designation, | ||||||
25 | and the candidate must create and designate a new committee |
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1 | within 5 business days after the rejection. | ||||||
2 | (2) The name of the designated committee shall include | ||||||
3 | the name of the candidate who authorized the committee | ||||||
4 | under paragraph (1). No political committee that is not a | ||||||
5 | designated candidate committee may include the full name of | ||||||
6 | that candidate in its name. | ||||||
7 | (b) Party committees. | ||||||
8 | (1) Any political organization or party may designate | ||||||
9 | in writing one and only one political committee to support | ||||||
10 | candidates of a specific political party seeking elective | ||||||
11 | office within a specific jurisdiction. The designation | ||||||
12 | shall be made no later than 15 business days after the | ||||||
13 | effective date of this amendatory Act of the 96th General | ||||||
14 | Assembly, or 15 business days after formation of the | ||||||
15 | committee, and shall be filed with the State Board of | ||||||
16 | Election. The designation of a party committee may be | ||||||
17 | changed only upon the replacement of the party chairman. | ||||||
18 | (2) The name of the designated committee shall include | ||||||
19 | the name of the party that authorized the committee under | ||||||
20 | paragraph (1). No political committee that is not a | ||||||
21 | designated party committee may include the full name of | ||||||
22 | that party in its name. | ||||||
23 | (c) Caucus committees. | ||||||
24 | (1) The President of the Senate, Minority Leader of the | ||||||
25 | Senate, Speaker of the House of Representatives, and | ||||||
26 | Minority Leader of the House of Representatives may each |
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1 | designate in writing one and only one political committee | ||||||
2 | to serve as the political committee of his or her caucus. | ||||||
3 | The designation shall be made no later than 15 business | ||||||
4 | days after the start of the General Assembly, and shall be | ||||||
5 | filed with the State Board of Election. The designation of | ||||||
6 | a caucus committee may not be changed, revoked, or altered | ||||||
7 | until the start of the next General Assembly unless the | ||||||
8 | person elected to the office authorized to designate the | ||||||
9 | caucus committee also changes; the new leader may designate | ||||||
10 | a new committee within 15 business days after taking | ||||||
11 | office. | ||||||
12 | (2) The name of the designated committee shall include | ||||||
13 | a clear and unambiguous reference to the caucus that | ||||||
14 | authorized the committee under paragraph (1). No political | ||||||
15 | committee that is not a designated caucus committee may | ||||||
16 | include the name of that caucus in its name. | ||||||
17 | (d) All designations, statements, and reports required to | ||||||
18 | be filed under this Section shall be filed with the Board. The | ||||||
19 | Board shall retain and make the designations, statements, and | ||||||
20 | reports received under this Section available for public | ||||||
21 | inspection and copying on-line in the same manner as statements | ||||||
22 | of organization.
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23 | (10 ILCS 5/9-8.5 new) | ||||||
24 | Sec. 9-8.5. Limitation on contributions. | ||||||
25 | (a) It shall be unlawful for any person to make |
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1 | contributions to a political committee except as provided in | ||||||
2 | this Section. | ||||||
3 | (b) To political committees designated by a candidate for | ||||||
4 | the General Assembly: | ||||||
5 | (1) Natural persons may contribute no more than $2,400 | ||||||
6 | during any regular election period. | ||||||
7 | (2) Political committees established by a State | ||||||
8 | political party may contribute no more than $30,000 during | ||||||
9 | the regular election period. All committees established by | ||||||
10 | a State political party, under State or federal law, shall | ||||||
11 | be considered as one committee for the purpose of this | ||||||
12 | Section. | ||||||
13 | (3) Political committees established by a partisan | ||||||
14 | legislative caucus may contribute no more than $30,000 | ||||||
15 | during any regular election period. | ||||||
16 | (4) Any other political committee not designated by the | ||||||
17 | candidate may contribute no more than $5,000 during a | ||||||
18 | regular election period. | ||||||
19 | (5) A corporation, labor organization, or association | ||||||
20 | may contribute from its own treasuries no more than $5,000 | ||||||
21 | during a regular election period. All contributions from | ||||||
22 | affiliated persons and affiliated entities shall be | ||||||
23 | aggregated for the purposes of this Section.
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24 | (c) To political committees designated by a candidate for a | ||||||
25 | (i) local office or (ii) for ward or township committeeman in | ||||||
26 | counties of 3,000,000 or more population: |
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1 | (1) Natural persons may contribute no more than $2,400 | ||||||
2 | during any regular election period. | ||||||
3 | (2) The candidate may designate one and only one | ||||||
4 | political party whose political committees may contribute | ||||||
5 | no more than $10,000 during the regular election period. | ||||||
6 | All committees established by the political party, under | ||||||
7 | State or federal law, shall be considered as one committee | ||||||
8 | for the purpose of this Section. | ||||||
9 | (3) Any other political committee not designated by the | ||||||
10 | candidate may contribute no more than $5,000 during any | ||||||
11 | regular election period. | ||||||
12 | (3.5) A corporation, labor organization, or | ||||||
13 | association may contribute from its own treasuries no more | ||||||
14 | than $5,000 during any regular election period. All | ||||||
15 | contributions from affiliated persons and affiliated | ||||||
16 | entities shall be aggregated for the purposes of this | ||||||
17 | Section.
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18 | (d) To political committees designated by a candidate for | ||||||
19 | judicial office: | ||||||
20 | (1) Natural persons may contribute no more than $2,400 | ||||||
21 | during any regular election period. | ||||||
22 | (2) The candidate may designate one and only one | ||||||
23 | political party whose political committees may contribute | ||||||
24 | no more than $10,000 during the regular election period. | ||||||
25 | All committees established by the political party, under | ||||||
26 | State or federal law, shall be considered as one committee |
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1 | for the purpose of this Section. | ||||||
2 | (3) Any other political committee not designated by the | ||||||
3 | candidate may contribute no more than $5,000 during a | ||||||
4 | regular election period. | ||||||
5 | (4) A corporation, labor organization, or association | ||||||
6 | may contribute from its own treasuries no more than $5,000 | ||||||
7 | during a regular election period. All contributions from | ||||||
8 | affiliated persons and affiliated entities shall be | ||||||
9 | aggregated for the purposes of this Section.
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10 | (e) To political committees designated by a candidate for | ||||||
11 | statewide office: | ||||||
12 | (1) Natural persons may contribute no more than $2,400 | ||||||
13 | during any regular election period. | ||||||
14 | (2) The candidate may designate one and only one | ||||||
15 | political party whose political committees may contribute | ||||||
16 | no more than $50,000 during the regular election period. | ||||||
17 | All committees established by the political party, under | ||||||
18 | State or federal law, shall be considered as one committee | ||||||
19 | for the purpose of this Section. | ||||||
20 | (3) Any other political committee not designated by the | ||||||
21 | candidate may contribute no more than $5,000 during a | ||||||
22 | regular election period. | ||||||
23 | (4) A corporation, labor organization, or association | ||||||
24 | may contribute from its own treasuries no more than $5,000 | ||||||
25 | during a regular election period. All contributions from | ||||||
26 | affiliated persons and affiliated entities shall be |
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1 | aggregated for the purposes of this Section.
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2 | (f) To political committees designated by an established | ||||||
3 | political party: | ||||||
4 | (1) Natural persons may contribute no more than $2,400 | ||||||
5 | during any regular election period. | ||||||
6 | (2) Any other political committee may contribute no | ||||||
7 | more than $5,000 during any regular election period. | ||||||
8 | (3) A corporation, labor organization, or association | ||||||
9 | may contribute from its own treasuries no more than $5,000 | ||||||
10 | during a regular election period. All contributions from | ||||||
11 | affiliated persons and affiliated entities, shall be | ||||||
12 | aggregated for the purposes of this Section.
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13 | (g) To political committees designated by a legislative | ||||||
14 | caucus: | ||||||
15 | (1) Natural persons may contribute no more than $2,400 | ||||||
16 | during any regular election period during which any | ||||||
17 | candidate actively supported by the caucus is seeking | ||||||
18 | nomination or election. | ||||||
19 | (2) Any other political committee may contribute no | ||||||
20 | more than $5,000 during any regular election period during | ||||||
21 | which any candidate actively supported by the caucus is | ||||||
22 | seeking nomination or election. | ||||||
23 | (3) A corporation, labor organization, or association | ||||||
24 | may contribute from its own treasuries no more than $5,000 | ||||||
25 | during any regular election period. All contributions from | ||||||
26 | affiliated persons and affiliated entities shall be |
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1 | aggregated for the purposes of this Section.
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2 | (h) For any other political committee, natural persons may | ||||||
3 | contribute no more than $2,400 during any period beginning on | ||||||
4 | January 1 of an odd-numbered year and ending on December 31 of | ||||||
5 | an even-numbered year. A corporation, labor organization, | ||||||
6 | association, or other political committee may contribute no | ||||||
7 | more than $5,000 during a regular election period described in | ||||||
8 | subsection (a) of Section 9-1.16. All contributions from | ||||||
9 | affiliated persons and affiliated entities shall be aggregated | ||||||
10 | for the purposes of this Section. | ||||||
11 | (i) Political committees may divide the proceeds of joint | ||||||
12 | fundraising efforts but must disclose all donations as from | ||||||
13 | their true origin, and no political committee may receive more | ||||||
14 | then the aggregate limit from any one donor. | ||||||
15 | (j) On January 1 of every odd-numbered year, the State | ||||||
16 | Board of Elections shall adjust the limits established in this | ||||||
17 | Section for inflation as determined by the Consumer Price Index | ||||||
18 | for All Urban Consumers as issued by the United States | ||||||
19 | Department of Labor and rounded to the nearest $100. | ||||||
20 | (k) In any instance when a corporation and any of its | ||||||
21 | subsidiaries, branches, divisions, departments, or local | ||||||
22 | units; a labor organization and any of its subsidiaries, | ||||||
23 | branches, divisions, departments, or local units; or an | ||||||
24 | association or any of its affiliates, subsidiaries, branches, | ||||||
25 | divisions, departments, or local units contribute to one or | ||||||
26 | more political committees or establish, maintain, or control |
| |||||||
| |||||||
1 | more than one separate segregated fund qualified as a political | ||||||
2 | committee, all of the related contributing entities
shall be | ||||||
3 | treated as a single contributing entity
for the purposes of the | ||||||
4 | limitations provided by this Section. | ||||||
5 | (l) Expenditures. | ||||||
6 | (1) Expenditures made by any person in cooperation, | ||||||
7 | consultation, or concert with a candidate, his or her | ||||||
8 | designated committee, State party committee, legislative | ||||||
9 | caucus committee or their agents, shall be considered a | ||||||
10 | contribution to the relevant candidate's designated | ||||||
11 | political committee, State party committee, or legislative | ||||||
12 | caucus committee for the purpose of this Section. | ||||||
13 | (2) The financing by any person of the dissemination, | ||||||
14 | distribution, or republication, in whole or in part, of any | ||||||
15 | broadcast or any written, graphic, or other form of | ||||||
16 | campaign materials prepared by the candidate, his or her | ||||||
17 | political committee, State party committee, legislative | ||||||
18 | caucus committee, or their authorized agents shall be | ||||||
19 | considered to be a contribution to the candidate's | ||||||
20 | designated political committee for the purposes of this | ||||||
21 | Section if the amount spent exceeds $150 in any regular | ||||||
22 | election period. | ||||||
23 | (m) No candidate or political committee shall knowingly | ||||||
24 | accept any contribution in violation of the provisions of this | ||||||
25 | Section. | ||||||
26 | (n) Multiple designations. |
| |||||||
| |||||||
1 | (1) No committee may accept donations larger than those | ||||||
2 | specified in this Section, regardless of the number of | ||||||
3 | candidates that may designate that committee under Section | ||||||
4 | 9-2.7. | ||||||
5 | (2) Any committee designated by candidates who | ||||||
6 | individually qualify under different subsections of this | ||||||
7 | Section shall be bound by the lower limit. | ||||||
8 | (o) The Board shall bring complaints and investigations on | ||||||
9 | its own initiative when the Board has reason to believe that a | ||||||
10 | person, candidate, or political committee has knowingly | ||||||
11 | violated this Section. | ||||||
12 | In addition to any other penalties authorized by this | ||||||
13 | Article, the State Board of Elections, any political committee, | ||||||
14 | or any person may apply to the circuit court for a temporary | ||||||
15 | restraining order or a preliminary or permanent injunction | ||||||
16 | against a political committee or any other entity to cease the | ||||||
17 | expenditure of contributions made or accepted in violation of | ||||||
18 | this Section and to cease operations until the Board determines | ||||||
19 | that the committee or entity is in compliance with this | ||||||
20 | Section. | ||||||
21 | (p) Penalties. | ||||||
22 | (1) Any person, corporation, labor organization, | ||||||
23 | association, or political committee, that knowingly | ||||||
24 | violates this Section of contributing more than amounts | ||||||
25 | allowed under this Section 9-8.5, shall be fined the | ||||||
26 | greater of $5,000 or 3 times the value of the unlawful |
| |||||||
| |||||||
1 | contribution. | ||||||
2 | (2) The State Board of Elections shall assess a penalty | ||||||
3 | of up to $5,000 for each violation against the recipient | ||||||
4 | political committee of any contribution in violation of | ||||||
5 | this Section if the recipient political committee knew that | ||||||
6 | the contribution was in violation of this Section. For | ||||||
7 | purposes of this Section, a recipient political committee | ||||||
8 | knew that the contribution was in violation of this Section | ||||||
9 | if the candidate, the committee chairman or treasurer, or | ||||||
10 | any natural person paid to perform regular campaign tasks | ||||||
11 | knew that the contribution was in violation of this | ||||||
12 | Section.
| ||||||
13 | (10 ILCS 5/9-8.6 new)
| ||||||
14 | Sec. 9-8.6. Disclosure of independent expenditures. | ||||||
15 | (a) As used in this Article: | ||||||
16 | "Benefiting public official or candidate" means the public | ||||||
17 | official or candidate whose nomination or election or whose | ||||||
18 | opponent's defeat is expressly advocated by the person making | ||||||
19 | the independent expenditure. | ||||||
20 | "Independent expenditure" means an expenditure (i) that is | ||||||
21 | made by a person expressly advocating the nomination, election, | ||||||
22 | or defeat of a clearly identifiable public official or | ||||||
23 | candidate and (ii) that is not made in connection, | ||||||
24 | consultation, or concert with or at the request or suggestion | ||||||
25 | of the public official or candidate, the public official's or |
| |||||||
| |||||||
1 | candidate's designated political committee, or the agent or | ||||||
2 | agents of the public official, candidate, or political | ||||||
3 | committee. | ||||||
4 | (b) A person that makes an independent expenditure with | ||||||
5 | respect to a benefiting public official or candidate that, | ||||||
6 | alone or in combination with any other independent expenditure | ||||||
7 | made by that person with respect to that benefiting public | ||||||
8 | official or candidate during the same regular election period, | ||||||
9 | equals an aggregate value of at least $5,000 must file a | ||||||
10 | written disclosure with the benefiting public official or | ||||||
11 | candidate and the State Board of Elections within 5 business | ||||||
12 | days after making each expenditure that results in the person | ||||||
13 | meeting or exceeding the $5,000 threshold. Each disclosure must | ||||||
14 | identify the person, his or her occupation and employer, the | ||||||
15 | benefiting public official or candidate, and the date, amount, | ||||||
16 | recipient, and nature of each independent expenditure. | ||||||
17 | (c) Penalties. | ||||||
18 | (1) Any person, corporation, labor organization, | ||||||
19 | association, or political committee, that knowingly | ||||||
20 | violates this Section by contributing more than amounts | ||||||
21 | allowed under this Section 9-8.6, shall be fined the | ||||||
22 | greater of $5,000 or 3 times the value of the unlawful | ||||||
23 | contribution. | ||||||
24 | (2) The State Board of Elections shall assess a penalty | ||||||
25 | of up to $5,000 for each violation against the recipient | ||||||
26 | political committee of any contribution in violation of |
| |||||||
| |||||||
1 | this Section if the recipient political committee knew that | ||||||
2 | the contribution was in violation of this Section. For | ||||||
3 | purposes of this Section, a recipient political committee | ||||||
4 | knew that the contribution was in violation of this Section | ||||||
5 | if the candidate, the committee chairman or treasurer, or | ||||||
6 | any natural person paid to perform regular campaign tasks | ||||||
7 | knew that the contribution was in violation of this | ||||||
8 | Section. | ||||||
9 | (10 ILCS 5/9-8.7 new)
| ||||||
10 | Sec. 9-8.7. Disclosure by contribution coordinator. | ||||||
11 | (a) As used in this Section: | ||||||
12 | "Contribution bundle" means one or more contributions (i) | ||||||
13 | made by at least one contributor other than the contribution | ||||||
14 | coordinator and (ii) with an aggregate value of at least | ||||||
15 | $16,000 during any regular election period (this amount to be | ||||||
16 | indexed for inflation). | ||||||
17 | "Contribution coordinator" means a person, other than a | ||||||
18 | political committee subject to the reporting requirements of | ||||||
19 | Section 9-10, or an employee of the political committee that: | ||||||
20 | (i) physically or electronically forwards contributions from | ||||||
21 | one or more other persons to a political committee; (ii) is | ||||||
22 | credited by a candidate, public official, or political | ||||||
23 | committee, through records, designations, or other means of | ||||||
24 | recognition, with raising contributions made by one or more | ||||||
25 | other persons to that candidate, public official, or political |
| |||||||
| |||||||
1 | committee; or (iii) a candidate, public official, or political | ||||||
2 | committee knows, or reasonably should know, has raised | ||||||
3 | contributions made by one or more other persons to the | ||||||
4 | candidate, public official, or political committee. | ||||||
5 | "Contribution coordinator" shall not mean any common carrier, | ||||||
6 | bank, other regulated financial institution, money | ||||||
7 | transmitter, or other person that transmits the contribution in | ||||||
8 | physical or electronic form in the ordinary course of its | ||||||
9 | business of transporting or transferring money or other | ||||||
10 | property. | ||||||
11 | (b) Contribution coordinators must include a written
| ||||||
12 | disclosure identifying their name, occupation, and employer | ||||||
13 | with
each contribution they forward physically or | ||||||
14 | electronically to a
political committee. | ||||||
15 | (c) The political committee must disclose the name, | ||||||
16 | occupation, and employer of the individual contributor, the | ||||||
17 | date and amount of the individual contribution, and the | ||||||
18 | contribution coordinator's name, occupation, and employer for | ||||||
19 | every contribution bundle received during any regular election
| ||||||
20 | period. | ||||||
21 | (d) The political committee that receives a contribution | ||||||
22 | bundle must electronically file the disclosure under | ||||||
23 | subsection (c) with the State Board of Elections within 5 | ||||||
24 | business days after the candidate, public official, or | ||||||
25 | political committee receives the contribution that causes the | ||||||
26 | aggregate amount of contributions raised through the |
| |||||||
| |||||||
1 | contribution coordinator's efforts to exceed $16,000 (as | ||||||
2 | indexed for inflation) and become a contribution bundle. | ||||||
3 | (e) For the purpose of the contribution limits established | ||||||
4 | by this Article, each contribution in a contribution bundle is | ||||||
5 | attributed to the person that made the contribution to the | ||||||
6 | contribution coordinator and is not attributed to the | ||||||
7 | contribution coordinator unless the contribution coordinator | ||||||
8 | personally made that contribution. | ||||||
9 | (f) A political committee that accepts a contribution in | ||||||
10 | violation of this Section shall return the contribution to the | ||||||
11 | contribution coordinator, or donate the contribution to a | ||||||
12 | charitable organization approved by the State Board of | ||||||
13 | elections, within 10 business days after receipt. A | ||||||
14 | contribution accepted in violation of this Section and not | ||||||
15 | disposed of as provided in this subsection shall escheat to the | ||||||
16 | General Revenue Fund. | ||||||
17 | (g) Penalties. | ||||||
18 | (1) Any person, corporation, labor organization, | ||||||
19 | association, or political committee, that knowingly | ||||||
20 | violates this Section by contributing more than amounts | ||||||
21 | allowed under this Section 9-8.7, shall be fined the | ||||||
22 | greater of $5,000 or 3 times the value of the unlawful | ||||||
23 | contribution. | ||||||
24 | (2) The State Board of Elections shall assess a penalty | ||||||
25 | of up to $5,000 for each violation against the recipient | ||||||
26 | political committee of any contribution in violation of |
| |||||||
| |||||||
1 | this Section if the recipient political committee knew that | ||||||
2 | the contribution was in violation of this Section. For | ||||||
3 | purposes of this Section, a recipient political committee | ||||||
4 | knew that the contribution was in violation of this Section | ||||||
5 | if the candidate, the committee chairman or treasurer, or | ||||||
6 | any natural person paid to perform regular campaign tasks | ||||||
7 | knew that the contribution was in violation of this | ||||||
8 | Section. | ||||||
9 | (10 ILCS 5/9-8.9 new)
| ||||||
10 | Sec. 9-8.9. Certain contributions prohibited. | ||||||
11 | (a) For the purpose of this Section, "State employee" and | ||||||
12 | "executive branch constitutional officer" are defined as in the | ||||||
13 | State Officials and Employees Ethics Act. | ||||||
14 | (b) A State employee of the executive branch of State | ||||||
15 | government may not make a contribution to (i) the executive | ||||||
16 | branch constitutional officer with authority to appoint the | ||||||
17 | Executive Inspector General with jurisdiction over that State | ||||||
18 | employee, (ii) a candidate for that executive branch | ||||||
19 | constitutional office, or (iii) a political committee | ||||||
20 | established to promote the candidacy of a person described in | ||||||
21 | (i) or (ii). A State employee of the legislative branch of | ||||||
22 | State government may not make a contribution to a member of the | ||||||
23 | General Assembly, a General Assembly candidate, or the | ||||||
24 | designated political committees established to promote the | ||||||
25 | candidacy of a General Assembly member or General Assembly |
| |||||||
| |||||||
1 | candidate, the designated State party committee, or the | ||||||
2 | designated legislative caucus committees. | ||||||
3 | (c) A person that engages in an activity (i) subject to | ||||||
4 | regulation by the Illinois Commerce Commission or the Division | ||||||
5 | of Insurance or Division of Financial Institutions of the | ||||||
6 | Department of Financial and Professional Regulation or (ii) | ||||||
7 | subject to the Illinois Horse Racing Act of 1975 or the | ||||||
8 | Riverboat Gambling Act, and that person's affiliated persons | ||||||
9 | and affiliated entities, may not make a contribution to an | ||||||
10 | executive branch constitutional officer, a General Assembly | ||||||
11 | member, a candidate for an executive branch constitutional | ||||||
12 | office or the General Assembly, or a designated political | ||||||
13 | committee established to promote the candidacy of that officer, | ||||||
14 | member, or candidate, the designated State party committee, or | ||||||
15 | the designated legislative caucus committees. | ||||||
16 | (d) A person required to register under the Lobbyist | ||||||
17 | Registration Act may not make a contribution to a public | ||||||
18 | official, candidate, political committee, or other person. | ||||||
19 | (e) A trust may not make a contribution to a public | ||||||
20 | official, candidate, political committee, or other person. | ||||||
21 | (f) A candidate, public official, or political committee | ||||||
22 | that accepts a contribution made in violation of this Section | ||||||
23 | shall return the contribution to the contributor, or donate the | ||||||
24 | contribution to a charitable organization approved by the State | ||||||
25 | Board of Elections, within 10 business days after receipt. A | ||||||
26 | contribution made in violation of this Section and not disposed |
| |||||||
| |||||||
1 | of as provided in this subsection shall escheat to the State | ||||||
2 | treasury. | ||||||
3 | (g) Penalties. | ||||||
4 | (1) Any person, corporation, labor organization, | ||||||
5 | association, or political committee, that knowingly | ||||||
6 | violates this Section by contributing more than amounts | ||||||
7 | allowed under this Section 9-8.9, shall be fined the | ||||||
8 | greater of $5,000 or 3 times the value of the unlawful | ||||||
9 | contribution. | ||||||
10 | (2) The State Board of Elections shall assess a penalty | ||||||
11 | of up to $5,000 for each violation against the recipient | ||||||
12 | political committee of any contribution in violation of | ||||||
13 | this Section if the recipient political committee knew that | ||||||
14 | the contribution was in violation of this Section. For | ||||||
15 | purposes of this Section, a recipient political committee | ||||||
16 | knew that the contribution was in violation of this Section | ||||||
17 | if the candidate, the committee chairman or treasurer, or | ||||||
18 | any natural person paid to perform regular campaign tasks | ||||||
19 | knew that the contribution was in violation of this | ||||||
20 | Section. | ||||||
21 | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| ||||||
22 | Sec. 9-10. Financial reports.
| ||||||
23 | (a) The treasurer of every state political committee and | ||||||
24 | the
treasurer of every local political committee shall file | ||||||
25 | with the
Board, and the treasurer of every local political |
| |||||||
| |||||||
1 | committee shall file
with the county clerk, reports of campaign | ||||||
2 | contributions, and semi-annual
reports of campaign | ||||||
3 | contributions and expenditures on forms to be
prescribed or | ||||||
4 | approved by the Board. The treasurer of every political
| ||||||
5 | committee that acts as both a state political committee and a | ||||||
6 | local
political committee shall file a copy of each report with | ||||||
7 | the State Board
of Elections and the county clerk.
Entities | ||||||
8 | subject to Section 9-7.5 shall file reports required by
that | ||||||
9 | Section at times
provided in this Section and are subject to | ||||||
10 | the penalties provided in this
Section.
| ||||||
11 | (b) This subsection does not apply with respect to general | ||||||
12 | primary elections. Reports of campaign contributions shall be | ||||||
13 | filed no later than the
15th day next preceding each election | ||||||
14 | in
connection with which the political committee has accepted | ||||||
15 | or is
accepting contributions or has made or is making | ||||||
16 | expenditures. Such
reports shall be complete as of the 30th day | ||||||
17 | next preceding each election. The Board shall assess a civil | ||||||
18 | penalty not to
exceed $5,000 for a violation of this | ||||||
19 | subsection, except that for State
officers and candidates
and | ||||||
20 | political
committees formed for statewide office, the civil
| ||||||
21 | penalty may not exceed $10,000.
The fine, however, shall not | ||||||
22 | exceed $500 for a
first filing violation for filing less than | ||||||
23 | 10 days after the deadline.
There shall be no fine if the | ||||||
24 | report is mailed and postmarked at least 72 hours
prior to the | ||||||
25 | filing deadline.
For the purpose of this subsection and | ||||||
26 | subsection (b-5) , "statewide
office" and "State officer" means |
| |||||||
| |||||||
1 | the Governor, Lieutenant Governor, Attorney
General,
Secretary | ||||||
2 | of State,
Comptroller, and Treasurer. However, a
continuing | ||||||
3 | political committee that does not make an expenditure or
| ||||||
4 | expenditures in an aggregate amount of more than $500 on behalf | ||||||
5 | of or in opposition to any (i) candidate or candidates, (ii) | ||||||
6 | public
question or questions, or (iii) candidate or candidates | ||||||
7 | and public question or questions on the ballot at an election | ||||||
8 | shall not be required to file the
reports prescribed in this | ||||||
9 | subsection (b) and subsection (b-5) but may file in lieu | ||||||
10 | thereof a Statement of
Nonparticipation in the Election with | ||||||
11 | the Board or the Board and the county
clerk ; except that if | ||||||
12 | the political committee, by the terms of its statement of | ||||||
13 | organization filed in accordance with this Article, is | ||||||
14 | organized to support or oppose a candidate or public question | ||||||
15 | on the ballot at the next election or primary, that committee | ||||||
16 | must file reports required by this subsection (b) and by | ||||||
17 | subsection (b-5).
| ||||||
18 | (b-5) Notwithstanding the provisions of subsection (b) and
| ||||||
19 | Section 1.25 of the Statute on Statutes, any contribution
of | ||||||
20 | more than $500 received (i) with respect to elections other | ||||||
21 | than the general primary election, in the interim between the | ||||||
22 | last date
of the period
covered by the last report filed under | ||||||
23 | subsection (b) prior to the election and
the date of the | ||||||
24 | election or (ii) with respect to general primary elections, in | ||||||
25 | the period beginning January 1 of the year of the general | ||||||
26 | primary election and prior to the date of the general primary |
| |||||||
| |||||||
1 | election shall be filed electronically with and must actually | ||||||
2 | be received by
the State Board of Elections within 2 business | ||||||
3 | days after
receipt of such contribution. A report of any | ||||||
4 | contribution received at any other time in the amount of more | ||||||
5 | than $500, or more than $1,000 in the case of a State officer | ||||||
6 | or a candidate for statewide office or political committee | ||||||
7 | formed for a State officer or candidate for statewide office, | ||||||
8 | in the interim between the last date of the period covered by | ||||||
9 | the last report filed under subsections (b) and (c) shall be | ||||||
10 | filed electronically with and must actually be received by the | ||||||
11 | State Board of Elections within 5 business days after receipt | ||||||
12 | of the contribution. For the purpose of this subsection, | ||||||
13 | "statewide office" and "State officer" means the Governor, | ||||||
14 | Lieutenant Governor, Attorney General, Secretary of State, | ||||||
15 | Comptroller, and Treasurer. A continuing political committee | ||||||
16 | that does not support or oppose a candidate or public question | ||||||
17 | on the ballot at a general primary election and does not make | ||||||
18 | expenditures in excess of $500 on behalf of or in opposition to | ||||||
19 | any candidate or public question on the ballot at the general | ||||||
20 | primary election shall not be required to file the report | ||||||
21 | prescribed in this subsection unless the committee makes an | ||||||
22 | expenditure in excess of $500 on behalf of or in opposition to | ||||||
23 | any candidate or public question on the ballot at the general | ||||||
24 | primary election. The committee shall timely file the report | ||||||
25 | required under this subsection beginning with the date the | ||||||
26 | expenditure that triggered participation was made.
The State |
| |||||||
| |||||||
1 | Board shall allow filings of reports of contributions of more | ||||||
2 | than
$500 under this subsection (b-5) by political committees | ||||||
3 | that are not
required to file electronically to be made by
| ||||||
4 | facsimile transmission.
For the purpose of this subsection, a | ||||||
5 | contribution is considered
received on the date the public | ||||||
6 | official, candidate, or political committee (or
equivalent | ||||||
7 | person
in the case of a
reporting entity other than a political | ||||||
8 | committee) actually receives it or, in
the case of goods or | ||||||
9 | services, 2 business days after the date the public
official,
| ||||||
10 | candidate, committee,
or other reporting entity receives the | ||||||
11 | certification required under subsection
(b) of Section 9-6.
| ||||||
12 | Failure to report
each contribution is a separate violation of | ||||||
13 | this subsection. In the final
disposition of any matter by the | ||||||
14 | Board on or after the effective date of this
amendatory Act of | ||||||
15 | the 93rd General Assembly, the Board
may
impose fines for | ||||||
16 | violations of this subsection not to exceed 100% of the
total
| ||||||
17 | amount of the contributions that were untimely reported, but in | ||||||
18 | no case when a
fine is imposed shall it be less
than 10% of the | ||||||
19 | total amount of the contributions that were untimely
reported.
| ||||||
20 | When considering the amount of the fine to be imposed, the | ||||||
21 | Board shall
consider, but is not limited to, the following | ||||||
22 | factors:
| ||||||
23 | (1) whether in the Board's opinion the violation was | ||||||
24 | committed
inadvertently,
negligently, knowingly, or | ||||||
25 | intentionally;
| ||||||
26 | (2) the number of days the contribution was reported |
| |||||||
| |||||||
1 | late; and
| ||||||
2 | (3) past violations of Sections 9-3 and 9-10 of this | ||||||
3 | Article by the
committee.
| ||||||
4 | (c) In addition to such reports the treasurer of every | ||||||
5 | political
committee shall file semi-annual reports of campaign | ||||||
6 | contributions and
expenditures no later than July 20th, | ||||||
7 | covering the period from January 1st
through June 30th | ||||||
8 | immediately preceding, and no later than January 20th,
covering | ||||||
9 | the period from July 1st through December 31st of the preceding
| ||||||
10 | calendar year. Reports of contributions and expenditures must | ||||||
11 | be filed to
cover the prescribed time periods even though no | ||||||
12 | contributions or
expenditures may have been received or made | ||||||
13 | during the period.
The Board shall assess a civil penalty not | ||||||
14 | to exceed $5,000 for a violation
of this subsection, except | ||||||
15 | that for State officers and candidates
and political
committees | ||||||
16 | formed for statewide office, the civil
penalty may not exceed | ||||||
17 | $10,000.
The fine, however, shall not exceed $500 for a
first | ||||||
18 | filing violation for filing less than 10 business days after | ||||||
19 | the deadline.
There shall be no fine if the report is mailed | ||||||
20 | and postmarked at least 72 hours
prior to the filing deadline.
| ||||||
21 | For the purpose of this subsection, "statewide
office" and | ||||||
22 | "State officer"
means the Governor, Lieutenant Governor, | ||||||
23 | Attorney General, Secretary
of State,
Comptroller, and | ||||||
24 | Treasurer.
| ||||||
25 | (c-5) A political committee that acts as either (i) a State | ||||||
26 | and local
political committee or (ii) a local political |
| |||||||
| |||||||
1 | committee and that files reports
electronically under Section | ||||||
2 | 9-28 is not required to file copies of the reports
with the | ||||||
3 | appropriate county clerk if the county clerk has a system that
| ||||||
4 | permits access to, and duplication of, reports that are filed | ||||||
5 | with the State
Board of Elections. A State and local political | ||||||
6 | committee or
a local political committee shall file with the | ||||||
7 | county clerk a copy of its
statement of organization pursuant | ||||||
8 | to Section 9-3.
| ||||||
9 | (d) A copy of each report or statement filed under this | ||||||
10 | Article
shall be
preserved by the person filing it for a period | ||||||
11 | of two years from the
date of filing.
Within 5 business days | ||||||
12 | after the Board imposes or waives fines under this Section, the | ||||||
13 | Board shall publish on its website a summary of fines | ||||||
14 | considered and imposed, identifying the person, candidate, or | ||||||
15 | political committee subject to the determination, the total | ||||||
16 | amount of contributions that were untimely reported, and the | ||||||
17 | amount of penalties assessed in each instance.
| ||||||
18 | (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | ||||||
19 | eff. 1-1-09.)
| ||||||
20 | (10 ILCS 5/9-18) (from Ch. 46, par. 9-18)
| ||||||
21 | Sec. 9-18.
The Board shall may hold investigations, | ||||||
22 | inquiries, and hearings concerning
any matter covered by this | ||||||
23 | Article in which the Board has reason to believe this Article | ||||||
24 | has been knowingly violated , subject to such rules and | ||||||
25 | regulations
as the Board may establish. In the process of |
| |||||||
| |||||||
1 | holding such investigations,
inquiries, and hearings, the | ||||||
2 | Board may administer oaths and affirmations,
certify to all | ||||||
3 | official acts, issue subpoenas to be authorized by a vote
of 5 | ||||||
4 | members of the Board , compel the attendance and testimony of | ||||||
5 | witnesses,
and the production of papers, books, accounts, and | ||||||
6 | documents. Hearings conducted
by the Board shall be open to the | ||||||
7 | public.
| ||||||
8 | (Source: P.A. 81-1117.)
| ||||||
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 public closed
preliminary | ||||||
12 | hearing to determine whether or not the complaint appears to
| ||||||
13 | have been filed on justifiable grounds. Such closed preliminary | ||||||
14 | hearing
shall be conducted as soon as practicable after | ||||||
15 | affording reasonable
notice, a copy of the complaint, and an | ||||||
16 | opportunity to testify at such
hearing to both the person | ||||||
17 | making the complaint and the person against whom
the complaint | ||||||
18 | is 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 shall 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 complaints. The State Board | ||||||
19 | of Elections shall establish and maintain on its official | ||||||
20 | website a searchable database, freely accessible to the public, | ||||||
21 | of each complaint filed with the Board under this Article and | ||||||
22 | the disposition of that complaint, including all board actions | ||||||
23 | and penalties imposed, if any. The Board must update the | ||||||
24 | database within 5 business days after a complaint is filed, an | ||||||
25 | action taken, or a penalty imposed to include that complaint, |
| |||||||
| |||||||
1 | action, or penalty 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 subsection (b-5) of | ||||||
21 | 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 | Section 10. The Illinois Procurement Code is amended by | ||||||
15 | changing Section 50-37 as follows: | ||||||
16 | (30 ILCS 500/50-37) | ||||||
17 | Sec. 50-37. Prohibition of political contributions. | ||||||
18 | (a) As used in this Section: | ||||||
19 | The terms "contract", "State contract", and "contract | ||||||
20 | with a State agency" each mean any contract, as defined in | ||||||
21 | this Code, between a business entity and a State agency let | ||||||
22 | or awarded pursuant to this Code . The terms "contract", | ||||||
23 | "State contract", and "contract with a State agency" do not | ||||||
24 | include cost reimbursement contracts; purchase of care |
| |||||||
| |||||||
1 | agreements as defined in Section 1-15.68 of this Code; | ||||||
2 | contracts for projects eligible for full or partial | ||||||
3 | federal-aid funding reimbursements authorized by the | ||||||
4 | Federal Highway Administration; grants, including but are | ||||||
5 | not limited to grants for job training or transportation; | ||||||
6 | and grants, loans, or tax credit agreements for economic | ||||||
7 | development purposes. | ||||||
8 | "Contribution" means a contribution as defined in | ||||||
9 | Section 9-1.4 of the Election Code. | ||||||
10 | "Declared candidate" means a person who has filed a | ||||||
11 | statement of candidacy and petition for nomination or | ||||||
12 | election in the principal office of the State Board of | ||||||
13 | Elections. | ||||||
14 | "State agency" means and includes all boards, | ||||||
15 | commissions, agencies, institutions, authorities, and | ||||||
16 | bodies politic and corporate of the State, created by or in | ||||||
17 | accordance with the Illinois Constitution or State | ||||||
18 | statute, of the executive or legislative branch of State | ||||||
19 | government and does include colleges, universities,
public | ||||||
20 | employee retirement systems, and institutions under the | ||||||
21 | jurisdiction of the governing boards of the University of | ||||||
22 | Illinois, Southern Illinois University, Illinois State | ||||||
23 | University, Eastern Illinois University, Northern Illinois | ||||||
24 | University, Western Illinois University, Chicago State | ||||||
25 | University, Governors State University, Northeastern | ||||||
26 | Illinois University, and the Illinois Board of Higher |
| |||||||
| |||||||
1 | Education. | ||||||
2 | "Officeholder" means the Governor, Lieutenant | ||||||
3 | Governor, Attorney General, Secretary of State, | ||||||
4 | Comptroller, or Treasurer or a member of the General | ||||||
5 | Assembly . The Governor shall be considered the | ||||||
6 | officeholder responsible for awarding all contracts by all | ||||||
7 | officers and employees of, and vendors and others doing | ||||||
8 | business with, executive branch State agencies under the | ||||||
9 | jurisdiction of the Executive Ethics Commission and not | ||||||
10 | within the jurisdiction of the Attorney General, the | ||||||
11 | Secretary of State, the Comptroller, or the Treasurer. | ||||||
12 | "Sponsoring entity" means a sponsoring entity as | ||||||
13 | defined in Section 9-3 of the Election Code. | ||||||
14 | "Affiliated person" means (i) any person with any | ||||||
15 | ownership
interest or distributive share of the bidding or | ||||||
16 | contracting business entity in excess of 7.5%, (ii) | ||||||
17 | executive employees of the bidding or contracting business | ||||||
18 | entity, and (iii) the spouse and minor children of any such | ||||||
19 | persons. | ||||||
20 | "Affiliated entity" means (i) any subsidiary of the | ||||||
21 | bidding or contracting business entity, (ii) any member of | ||||||
22 | the same unitary business group, (iii) any organization | ||||||
23 | recognized by the United States Internal Revenue Service as | ||||||
24 | a tax-exempt organization described in Section 501(c) of | ||||||
25 | the Internal Revenue Code of 1986 (or any successor | ||||||
26 | provision of federal tax law) established by the bidding or |
| |||||||
| |||||||
1 | contracting business entity, any affiliated entity of that | ||||||
2 | business entity, or any affiliated person of that business | ||||||
3 | entity, or (iv) any political committee for which the | ||||||
4 | bidding or contracting business entity, or any 501(c) | ||||||
5 | organization described in item (iii) related to that | ||||||
6 | business entity, is the sponsoring entity. | ||||||
7 | "Business entity" means any entity doing business for | ||||||
8 | profit, whether organized as a corporation, partnership, | ||||||
9 | sole proprietorship, limited liability company or | ||||||
10 | partnership, or otherwise. | ||||||
11 | "Executive employee" means the President, Chairman, | ||||||
12 | Chief Executive Officer, or other employee with executive | ||||||
13 | decision-making authority over the long-term and | ||||||
14 | day-to-day affairs of the entity employing the employee, or | ||||||
15 | an employee whose compensation is determined directly, in | ||||||
16 | whole or in part, by the award or payment of contracts by a | ||||||
17 | State agency to the entity employing the employee. | ||||||
18 | (b) Any business entity whose contracts with State | ||||||
19 | agencies, in the aggregate, annually total more than $50,000, | ||||||
20 | and any affiliated entities or affiliated persons of such | ||||||
21 | business entity, are prohibited from making any contributions | ||||||
22 | to any political committees established to promote the | ||||||
23 | candidacy of (i) the officeholder responsible for awarding the | ||||||
24 | contracts , or (ii) any other declared candidate for that | ||||||
25 | office , (iii) any State or statewide officer or candidate for | ||||||
26 | that office, and (iv) any legislative member of the General |
| |||||||
| |||||||
1 | Assembly . This prohibition shall be effective for the duration | ||||||
2 | of the term of office of the incumbent officeholder awarding | ||||||
3 | the contracts or for a period of 2 years following the | ||||||
4 | expiration or termination of the contracts, whichever is | ||||||
5 | longer. | ||||||
6 | (c) Any business entity whose aggregate pending bids and | ||||||
7 | proposals on State contracts total more than $50,000, or whose | ||||||
8 | aggregate pending bids and proposals on State contracts | ||||||
9 | combined with the business entity's aggregate annual total | ||||||
10 | value of State contracts exceed $50,000, and any affiliated | ||||||
11 | entities or affiliated persons of such business entity, are | ||||||
12 | prohibited from making any contributions to any political | ||||||
13 | committee
established to promote the candidacy of the | ||||||
14 | officeholder responsible for awarding the contract on which the | ||||||
15 | business entity has submitted a bid or proposal , any | ||||||
16 | constitutional officer, or any legislative member of the | ||||||
17 | General Assembly, during the period beginning on the date the | ||||||
18 | invitation for bids or request for proposals is issued and | ||||||
19 | ending on the day after the date the contract is awarded. | ||||||
20 | (d) All contracts between State agencies and a business | ||||||
21 | entity that violate subsection (b) or (c) shall be voidable | ||||||
22 | under Section 50-60. If a business entity violates subsection | ||||||
23 | (b) 3 or more times within a 36-month period, then all | ||||||
24 | contracts between State agencies and that business entity shall | ||||||
25 | be void, and that business entity shall not bid or respond to | ||||||
26 | any invitation to bid or request for proposals from any State |
| |||||||
| |||||||
1 | agency or otherwise enter into any contract with any State | ||||||
2 | agency for 3 years from the date of the last violation. A | ||||||
3 | notice of each violation and the penalty imposed shall be | ||||||
4 | published in both the Procurement Bulletin and the Illinois | ||||||
5 | Register. | ||||||
6 | (e) Any political committee that has received a | ||||||
7 | contribution in violation of subsection (b) or (c) shall pay an | ||||||
8 | amount equal to the value of the contribution to the State no | ||||||
9 | more than 30 days after notice of the violation concerning the | ||||||
10 | contribution appears in the Illinois Register. Payments | ||||||
11 | received by the State
pursuant to this subsection shall be | ||||||
12 | deposited into the general revenue
fund.
| ||||||
13 | (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.) | ||||||
14 | Section 97. Severability. The provisions of this Act are | ||||||
15 | severable under Section 1.31 of the Statute on Statutes. | ||||||
16 | Section 99. Effective date. This Act takes effect on June | ||||||
17 | 15, 2009, but the State Board of Elections shall have 120 days | ||||||
18 | to implement new electronic reporting requirements and any | ||||||
19 | needed regulations.".
|