|
||||||||||||||||||||||||||
|
||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
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 2A-1.1 and 9-10 as follows:
| |||||||||||||||||||||||||
6 | (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
| |||||||||||||||||||||||||
7 | Sec. 2A-1.1. All Elections - Consolidated Schedule. | |||||||||||||||||||||||||
8 | (a) In
even-numbered years, the general election shall be | |||||||||||||||||||||||||
9 | held on the first
Tuesday after the first Monday of November; | |||||||||||||||||||||||||
10 | and an election to be known
as the general primary election | |||||||||||||||||||||||||
11 | shall be held (i) on the third first Tuesday in March of | |||||||||||||||||||||||||
12 | even-numbered years in which the United States President is | |||||||||||||||||||||||||
13 | elected and (ii) on the first Tuesday in August of | |||||||||||||||||||||||||
14 | even-numbered years in which the Governor is elected February ;
| |||||||||||||||||||||||||
15 | (b) In odd-numbered years, an election to be known as the
| |||||||||||||||||||||||||
16 | consolidated election shall be held on the first Tuesday in | |||||||||||||||||||||||||
17 | April except
as provided in Section 2A-1.1a of this Act; and
an | |||||||||||||||||||||||||
18 | election to be known as the consolidated primary election shall | |||||||||||||||||||||||||
19 | be
held on the last Tuesday in February.
| |||||||||||||||||||||||||
20 | (Source: P.A. 95-6, eff. 6-20-07.)
| |||||||||||||||||||||||||
21 | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| |||||||||||||||||||||||||
22 | Sec. 9-10. Financial reports.
|
| |||||||
| |||||||
1 | (a) The treasurer of every state political committee and | ||||||
2 | the
treasurer of every local political committee shall file | ||||||
3 | with the
Board, and the treasurer of every local political | ||||||
4 | committee shall file
with the county clerk, reports of campaign | ||||||
5 | contributions, and semi-annual
reports of campaign | ||||||
6 | contributions and expenditures on forms to be
prescribed or | ||||||
7 | approved by the Board. The treasurer of every political
| ||||||
8 | committee that acts as both a state political committee and a | ||||||
9 | local
political committee shall file a copy of each report with | ||||||
10 | the State Board
of Elections and the county clerk.
Entities | ||||||
11 | subject to Section 9-7.5 shall file reports required by
that | ||||||
12 | Section at times
provided in this Section and are subject to | ||||||
13 | the penalties provided in this
Section.
| ||||||
14 | (b) This subsection does not apply with respect to general | ||||||
15 | primary elections. Reports of campaign contributions shall be | ||||||
16 | filed no later than the
15th day next preceding each election | ||||||
17 | or primary in
connection with which the political committee has | ||||||
18 | accepted or is
accepting contributions or has made or is making | ||||||
19 | expenditures. Such
reports shall be complete as of the 30th day | ||||||
20 | next preceding each election or primary . The Board shall assess | ||||||
21 | a civil penalty not to
exceed $5,000 for a violation of this | ||||||
22 | subsection, except that for State
officers and candidates
and | ||||||
23 | political
committees formed for statewide office, the civil
| ||||||
24 | penalty may not exceed $10,000.
The fine, however, shall not | ||||||
25 | exceed $500 for a
first filing violation for filing less than | ||||||
26 | 10 days after the deadline.
There shall be no fine if the |
| |||||||
| |||||||
1 | report is mailed and postmarked at least 72 hours
prior to the | ||||||
2 | filing deadline.
For the purpose of this subsection, "statewide
| ||||||
3 | office" and "State officer" means the Governor, Lieutenant | ||||||
4 | Governor, Attorney
General,
Secretary of State,
Comptroller, | ||||||
5 | and Treasurer. However, a
continuing political committee that | ||||||
6 | does not make an expenditure or
expenditures in an aggregate | ||||||
7 | amount of more than $500 on behalf of or in opposition to any | ||||||
8 | (i) candidate or candidates, (ii) public
question or questions, | ||||||
9 | or (iii) candidate or candidates and public question or | ||||||
10 | questions on the ballot at an election or primary shall not be | ||||||
11 | required to file the
reports prescribed in this subsection (b) | ||||||
12 | and subsection (b-5) but may file in lieu thereof a Statement | ||||||
13 | of
Nonparticipation in the Election or Primary with the Board | ||||||
14 | or the Board and the county
clerk ; except that if the | ||||||
15 | political committee, by the terms of its statement of | ||||||
16 | organization filed in accordance with this Article, is | ||||||
17 | organized to support or oppose a candidate or public question | ||||||
18 | on the ballot at the next election or primary, that committee | ||||||
19 | must file reports required by this subsection (b) and by | ||||||
20 | subsection (b-5).
| ||||||
21 | (b-5) Notwithstanding the provisions of subsection (b) and
| ||||||
22 | Section 1.25 of the Statute on Statutes, any contribution
of | ||||||
23 | more than $500 received (i) with respect to elections other | ||||||
24 | than the general primary election, in the interim between the | ||||||
25 | last date
of the period
covered by the last report filed under | ||||||
26 | subsection (b) prior to the election or primary and
the date of |
| |||||||
| |||||||
1 | the election or primary (ii) with respect to general primary | ||||||
2 | elections, in the period beginning January 1 of the year of the | ||||||
3 | general primary election and prior to the date of the general | ||||||
4 | primary election shall be filed with and must actually be | ||||||
5 | received by
the State Board of Elections within 2 business days | ||||||
6 | after
receipt of such contribution. A continuing political | ||||||
7 | committee that does not support or oppose a candidate or public | ||||||
8 | question on the ballot at a general primary election and does | ||||||
9 | not make expenditures in excess of $500 on behalf of or in | ||||||
10 | opposition to any candidate or public question on the ballot at | ||||||
11 | the general primary election shall not be required to file the | ||||||
12 | report prescribed in this subsection unless the committee makes | ||||||
13 | an expenditure in excess of $500 on behalf of or in opposition | ||||||
14 | to any candidate or public question on the ballot at the | ||||||
15 | general primary election. The committee shall timely file the | ||||||
16 | report required under this subsection beginning with the date | ||||||
17 | the expenditure that triggered participation was made.
The | ||||||
18 | State Board shall allow filings of reports of contributions of | ||||||
19 | more than
$500 under this subsection (b-5) by political | ||||||
20 | committees that are not
required to file electronically to be | ||||||
21 | made by
facsimile transmission.
For the purpose of this | ||||||
22 | subsection, a contribution is considered
received on the date | ||||||
23 | the public official, candidate, or political committee (or
| ||||||
24 | equivalent person
in the case of a
reporting entity other than | ||||||
25 | a political committee) actually receives it or, in
the case of | ||||||
26 | goods or services, 2 business days after the date the public
|
| |||||||
| |||||||
1 | official,
candidate, committee,
or other reporting entity | ||||||
2 | receives the certification required under subsection
(b) of | ||||||
3 | Section 9-6.
Failure to report
each contribution is a separate | ||||||
4 | violation of this subsection. In the final
disposition of any | ||||||
5 | matter by the Board on or after the effective date of this
| ||||||
6 | amendatory Act of the 93rd General Assembly, the Board
may
| ||||||
7 | impose fines for violations of this subsection not to exceed | ||||||
8 | 100% of the
total
amount of the contributions that were | ||||||
9 | untimely reported, but in no case when a
fine is imposed shall | ||||||
10 | it be less
than 10% of the total amount of the contributions | ||||||
11 | that were untimely
reported.
When considering the amount of the | ||||||
12 | fine to be imposed, the Board shall
consider, but is not | ||||||
13 | limited to, the following factors:
| ||||||
14 | (1) whether in the Board's opinion the violation was | ||||||
15 | committed
inadvertently,
negligently, knowingly, or | ||||||
16 | intentionally;
| ||||||
17 | (2) the number of days the contribution was reported | ||||||
18 | late; and
| ||||||
19 | (3) past violations of Sections 9-3 and 9-10 of this | ||||||
20 | Article by the
committee.
| ||||||
21 | (c) In addition to such reports the treasurer of every | ||||||
22 | political
committee shall file semi-annual reports of campaign | ||||||
23 | contributions and
expenditures no later than July 20th, | ||||||
24 | covering the period from January 1st
through June 30th | ||||||
25 | immediately preceding, and no later than January 20th,
covering | ||||||
26 | the period from July 1st through December 31st of the preceding
|
| |||||||
| |||||||
1 | calendar year. Reports of contributions and expenditures must | ||||||
2 | be filed to
cover the prescribed time periods even though no | ||||||
3 | contributions or
expenditures may have been received or made | ||||||
4 | during the period.
The Board shall assess a civil penalty not | ||||||
5 | to exceed $5,000 for a violation
of this subsection, except | ||||||
6 | that for State officers and candidates
and political
committees | ||||||
7 | formed for statewide office, the civil
penalty may not exceed | ||||||
8 | $10,000.
The fine, however, shall not exceed $500 for a
first | ||||||
9 | filing violation for filing less than 10 days after the | ||||||
10 | deadline.
There shall be no fine if the report is mailed and | ||||||
11 | postmarked at least 72 hours
prior to the filing deadline.
For | ||||||
12 | the purpose of this subsection, "statewide
office" and "State | ||||||
13 | officer"
means the Governor, Lieutenant Governor, Attorney | ||||||
14 | General, Secretary
of State,
Comptroller, and Treasurer.
| ||||||
15 | (c-5) A political committee that acts as either (i) a State | ||||||
16 | and local
political committee or (ii) a local political | ||||||
17 | committee and that files reports
electronically under Section | ||||||
18 | 9-28 is not required to file copies of the reports
with the | ||||||
19 | appropriate county clerk if the county clerk has a system that
| ||||||
20 | permits access to, and duplication of, reports that are filed | ||||||
21 | with the State
Board of Elections. A State and local political | ||||||
22 | committee or
a local political committee shall file with the | ||||||
23 | county clerk a copy of its
statement of organization pursuant | ||||||
24 | to Section 9-3.
| ||||||
25 | (d) A copy of each report or statement filed under this | ||||||
26 | Article
shall be
preserved by the person filing it for a period |
| |||||||
| |||||||
1 | of two years from the
date of filing.
| ||||||
2 | (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | ||||||
3 | eff. 1-1-09.)
| ||||||
4 | Section 10. The General Assembly Compensation Act is | ||||||
5 | amended by changing Section 4 as follows: | ||||||
6 | (25 ILCS 115/4) (from Ch. 63, par. 15.1)
| ||||||
7 | Sec. 4. Office allowance. Beginning July 1, 2001, each | ||||||
8 | member
of the House
of Representatives is authorized to approve | ||||||
9 | the expenditure of not more than
$61,000 per year and each | ||||||
10 | member of the
Senate is authorized to approve the
expenditure | ||||||
11 | of not more than $73,000 per
year to pay for "personal | ||||||
12 | services",
"contractual services", "commodities", "printing", | ||||||
13 | "travel",
"operation of automotive equipment", | ||||||
14 | "telecommunications services", as
defined in the State Finance | ||||||
15 | Act, and the compensation of one or more
legislative assistants | ||||||
16 | authorized pursuant to this Section, in connection
with his or | ||||||
17 | her legislative duties and not in connection with any political
| ||||||
18 | campaign.
On July 1, 2002 and on July 1 of each year | ||||||
19 | thereafter, the amount authorized
per year under this Section | ||||||
20 | for each member of the Senate and each member of
the House of | ||||||
21 | Representatives shall be increased by a percentage increase
| ||||||
22 | equivalent to the lesser of (i) the increase in the designated | ||||||
23 | cost of living
index or (ii) 5%. The designated cost of living | ||||||
24 | index is the index known as
the "Employment Cost Index, Wages |
| |||||||
| |||||||
1 | and Salaries, By
Occupation and Industry Groups: State and | ||||||
2 | Local Government Workers: Public
Administration" as published | ||||||
3 | by the Bureau of Labor Statistics of the U.S.
Department of | ||||||
4 | Labor for the calendar year immediately preceding the year of | ||||||
5 | the
respective July 1st increase date. The increase shall be | ||||||
6 | added to the then
current amount, and the adjusted amount so | ||||||
7 | determined shall be the annual
amount beginning July 1 of the | ||||||
8 | increase year until July 1 of the next year. No
increase under | ||||||
9 | this provision shall be less than zero.
| ||||||
10 | A member may purchase office equipment if the member | ||||||
11 | certifies
to the Secretary of the Senate or the Clerk of the | ||||||
12 | House, as applicable,
that the purchase price, whether paid in | ||||||
13 | lump sum or installments, amounts
to less than would be charged | ||||||
14 | for renting or leasing the equipment over
its anticipated | ||||||
15 | useful life. All such equipment must be purchased through
the | ||||||
16 | Secretary of the Senate or the Clerk of the House, as | ||||||
17 | applicable, for
proper identification and verification of | ||||||
18 | purchase.
| ||||||
19 | Each member of the General Assembly is authorized to employ | ||||||
20 | one or more
legislative assistants, who shall be solely under | ||||||
21 | the direction and control
of that member, for the purpose of | ||||||
22 | assisting the member in the performance
of his or her official | ||||||
23 | duties. A legislative assistant may be employed
pursuant to | ||||||
24 | this Section as a full-time employee, part-time employee, or
| ||||||
25 | contractual employee, at
the discretion of the member. If | ||||||
26 | employed as a State employee, a
legislative assistant shall |
| |||||||
| |||||||
1 | receive employment benefits on the same terms
and conditions | ||||||
2 | that apply to other employees of the General Assembly.
Each | ||||||
3 | member shall adopt and implement personnel policies
for | ||||||
4 | legislative assistants under his or her direction and
control | ||||||
5 | relating to work time requirements, documentation for | ||||||
6 | reimbursement for
travel on official State business, | ||||||
7 | compensation, and the earning and accrual of
State benefits for | ||||||
8 | those legislative assistants who may be eligible to receive
| ||||||
9 | those benefits.
The policies shall also require legislative | ||||||
10 | assistants to
periodically submit time sheets documenting, in | ||||||
11 | quarter-hour increments, the
time
spent each day on official | ||||||
12 | State business.
The
policies shall require the time sheets to | ||||||
13 | be submitted on paper,
electronically, or both and to be | ||||||
14 | maintained in either paper or electronic
format by the | ||||||
15 | applicable fiscal office
for a period of at least 2 years.
| ||||||
16 | Contractual employees may satisfy
the time sheets requirement | ||||||
17 | by complying with the terms of their contract,
which shall | ||||||
18 | provide for a means of compliance with this requirement.
A | ||||||
19 | member may
satisfy the requirements of this paragraph by | ||||||
20 | adopting and implementing the
personnel policies promulgated | ||||||
21 | by that
member's legislative leader under the State Officials | ||||||
22 | and Employees Ethics
Act
with respect to that member's | ||||||
23 | legislative
assistants.
| ||||||
24 | As used in this Section the term "personal services" shall | ||||||
25 | include
contributions of the State under the Federal Insurance | ||||||
26 | Contribution Act and
under Article 14 of the Illinois Pension |
| |||||||
| |||||||
1 | Code. As used in this Section the
term "contractual services" | ||||||
2 | shall not include improvements to real property
unless those | ||||||
3 | improvements are the obligation of the lessee under the lease
| ||||||
4 | agreement. Beginning July 1, 1989, as used in the Section, the | ||||||
5 | term "travel"
shall be limited to travel in connection with a | ||||||
6 | member's legislative duties and
not in connection with any | ||||||
7 | political campaign. Beginning on the effective
date of this | ||||||
8 | amendatory Act of the 93rd General Assembly, as
used
in this | ||||||
9 | Section, the term "printing" includes, but is not limited to,
| ||||||
10 | newsletters,
brochures, certificates,
congratulatory
mailings,
| ||||||
11 | greeting or welcome messages, anniversary or
birthday cards, | ||||||
12 | and congratulations for prominent achievement cards. As used
in | ||||||
13 | this Section, the term "printing" includes fees for | ||||||
14 | non-substantive
resolutions charged by the Clerk of the House | ||||||
15 | of Representatives under
subsection (c-5) of Section 1 of the | ||||||
16 | Legislative Materials Act.
No newsletter or brochure that is | ||||||
17 | paid for, in whole or in part, with
funds
provided under this | ||||||
18 | Section may be printed or mailed during a period
beginning on | ||||||
19 | the 45th day before December 15 of the year preceding a general | ||||||
20 | primary
election and ending the day after the general primary | ||||||
21 | election and during a
period beginning September 1 of the year | ||||||
22 | of a general election and ending the
day after the general | ||||||
23 | election, except that such a newsletter or brochure may
be | ||||||
24 | mailed during
those times if it is mailed to a constituent in | ||||||
25 | response to that constituent's
inquiry concerning the needs of | ||||||
26 | that constituent or questions raised by that
constituent.
|
| |||||||
| |||||||
1 | Nothing in
this Section shall be construed to authorize | ||||||
2 | expenditures for lodging and meals
while a member is in | ||||||
3 | attendance at sessions of the General Assembly.
| ||||||
4 | Any utility bill for service provided to a member's | ||||||
5 | district office for
a period including portions of 2 | ||||||
6 | consecutive fiscal years may be paid from
funds appropriated | ||||||
7 | for such expenditure in either fiscal year.
| ||||||
8 | If a vacancy occurs in the office of Senator or | ||||||
9 | Representative in the General
Assembly, any office equipment in | ||||||
10 | the possession of the vacating member
shall transfer to the | ||||||
11 | member's successor; if the successor does not want
such | ||||||
12 | equipment, it shall be transferred to the Secretary of the | ||||||
13 | Senate or
Clerk of the House of Representatives, as the case | ||||||
14 | may be, and if not
wanted by other members of the General | ||||||
15 | Assembly then to the Department of
Central Management Services | ||||||
16 | for treatment as surplus property under the
State Property | ||||||
17 | Control Act. Each member, on or before June 30th of each
year, | ||||||
18 | shall conduct an inventory of all equipment purchased pursuant | ||||||
19 | to
this Act. Such inventory shall be filed with the Secretary | ||||||
20 | of the Senate
or the Clerk of the House, as the case may be. | ||||||
21 | Whenever a vacancy occurs,
the Secretary of the Senate or the | ||||||
22 | Clerk of the House, as the case may be,
shall conduct an | ||||||
23 | inventory of equipment purchased.
| ||||||
24 | In the event that a member leaves office during his or her | ||||||
25 | term, any
unexpended or unobligated portion of the allowance | ||||||
26 | granted under this Section
shall lapse. The vacating member's |
| |||||||
| |||||||
1 | successor shall be granted an allowance
in an amount, rounded | ||||||
2 | to the nearest dollar, computed by dividing the annual
| ||||||
3 | allowance by 365 and multiplying the quotient by the number of | ||||||
4 | days remaining
in the fiscal year.
| ||||||
5 | From any appropriation for the purposes of this Section for | ||||||
6 | a
fiscal year which overlaps 2 General Assemblies, no more than | ||||||
7 | 1/2 of the
annual allowance per member may be spent or | ||||||
8 | encumbered by any member of
either the outgoing or incoming | ||||||
9 | General Assembly, except that any member
of the incoming | ||||||
10 | General Assembly who was a member of the outgoing General
| ||||||
11 | Assembly may encumber or spend any portion of his annual | ||||||
12 | allowance within
the fiscal year.
| ||||||
13 | The appropriation for the annual allowances permitted by | ||||||
14 | this Section
shall be included in an appropriation to the | ||||||
15 | President of the Senate and to
the Speaker of the House of | ||||||
16 | Representatives for their respective members.
The President of | ||||||
17 | the Senate and the Speaker of the House shall voucher for
| ||||||
18 | payment individual members' expenditures from their annual | ||||||
19 | office
allowances to the State Comptroller, subject to the | ||||||
20 | authority of the
Comptroller under Section 9 of the State | ||||||
21 | Comptroller Act.
| ||||||
22 | (Source: P.A. 95-6, eff. 6-20-07.)
| ||||||
23 | Section 15. The Legislative Commission Reorganization Act | ||||||
24 | of 1984 is amended by changing Section 9-2.5 as follows: |
| |||||||
| |||||||
1 | (25 ILCS 130/9-2.5)
| ||||||
2 | Sec. 9-2.5. Newsletters and brochures. The Legislative | ||||||
3 | Printing Unit may
not print for any member of the General | ||||||
4 | Assembly any newsletters or brochures
during the period | ||||||
5 | beginning on the 45th day before December 15 of the
year | ||||||
6 | preceding a general primary election and ending the day after | ||||||
7 | the general primary
election and during a period beginning | ||||||
8 | September 1 of the year of a general
election and ending the | ||||||
9 | day after the general election.
A member of the General | ||||||
10 | Assembly may not mail, during a period beginning
on the 45th | ||||||
11 | day before December 15 of the year preceding a general primary | ||||||
12 | election and ending the day after
the general primary election | ||||||
13 | and during a period beginning September 1 of the
year of a | ||||||
14 | general election and ending the day after the general election, | ||||||
15 | any
newsletters or brochures
that were printed, at any time, by | ||||||
16 | the Legislative
Printing Unit, except that such a newsletter or | ||||||
17 | brochure may be mailed during
those times if it is mailed to a | ||||||
18 | constituent in response to that constituent's
inquiry | ||||||
19 | concerning the needs of that constituent or questions raised by | ||||||
20 | that
constituent.
| ||||||
21 | (Source: P.A. 95-6, eff. 6-20-07.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|