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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||
5 | Sections 2A-1.1, 7A-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 on the third first Tuesday in June February ;
| |||||||||||||||||||||||||||
12 | (b) In odd-numbered years, an election to be known as the
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13 | consolidated election shall be held on the first Tuesday in | |||||||||||||||||||||||||||
14 | April except
as provided in Section 2A-1.1a of this Act; and
an | |||||||||||||||||||||||||||
15 | election to be known as the consolidated primary election shall | |||||||||||||||||||||||||||
16 | be
held on the last Tuesday in February.
| |||||||||||||||||||||||||||
17 | (Source: P.A. 95-6, eff. 6-20-07.)
| |||||||||||||||||||||||||||
18 | (10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
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19 | Sec. 7A-1.
Any Supreme, Appellate or Circuit Judge who has | |||||||||||||||||||||||||||
20 | been elected
to that office and who seeks to be retained in | |||||||||||||||||||||||||||
21 | that office under subsection
(d) of Section 12 of Article VI of | |||||||||||||||||||||||||||
22 | the Constitution shall file a declaration
of candidacy to |
| |||||||
| |||||||
1 | succeed himself in the office of the Secretary of State
on or | ||||||
2 | before the third first Monday in April December before the | ||||||
3 | general election preceding
the expiration of his term of | ||||||
4 | office. Within 3 business days thereafter,
the Secretary of | ||||||
5 | State shall certify to the State Board of Elections the
names | ||||||
6 | of all incumbent judges who were eligible to stand for | ||||||
7 | retention at
the next general election but failed to timely | ||||||
8 | file a declaration of
candidacy to succeed themselves in office | ||||||
9 | or, having timely filed such a
declaration, withdrew it. The | ||||||
10 | State Board of Elections may rely upon the
certification from | ||||||
11 | the Secretary of State (a) to determine when vacancies
in | ||||||
12 | judicial office exist and (b) to determine the judicial | ||||||
13 | positions for
which elections will be held. The Secretary of | ||||||
14 | State, not less
than 63 days before the election, shall certify | ||||||
15 | the Judge's candidacy to
the proper election officials. The | ||||||
16 | names of Judges seeking retention shall
be submitted to the | ||||||
17 | electors, separately and without party designation,
on the sole | ||||||
18 | question whether each Judge shall be retained in office for
| ||||||
19 | another term. The retention elections shall be conducted at | ||||||
20 | general elections
in the appropriate Judicial District, for | ||||||
21 | Supreme and Appellate Judges,
and in the circuit for Circuit | ||||||
22 | Judges. The affirmative vote of three-fifths
of the electors | ||||||
23 | voting on the question shall elect the Judge to the office
for | ||||||
24 | a term commencing on the first Monday in December following his | ||||||
25 | election.
| ||||||
26 | (Source: P.A. 86-1348 .)
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| |||||||
1 | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| ||||||
2 | Sec. 9-10. Financial reports.
| ||||||
3 | (a) The treasurer of every state political committee and | ||||||
4 | the
treasurer of every local political committee shall file | ||||||
5 | with the
Board, and the treasurer of every local political | ||||||
6 | committee shall file
with the county clerk, reports of campaign | ||||||
7 | contributions, and semi-annual
reports of campaign | ||||||
8 | contributions and expenditures on forms to be
prescribed or | ||||||
9 | approved by the Board. The treasurer of every political
| ||||||
10 | committee that acts as both a state political committee and a | ||||||
11 | local
political committee shall file a copy of each report with | ||||||
12 | the State Board
of Elections and the county clerk.
Entities | ||||||
13 | subject to Section 9-7.5 shall file reports required by
that | ||||||
14 | Section at times
provided in this Section and are subject to | ||||||
15 | the penalties provided in this
Section.
| ||||||
16 | (b) This subsection does not apply with respect to general | ||||||
17 | primary elections. Reports of campaign contributions shall be | ||||||
18 | filed no later than the
15th day next preceding each election | ||||||
19 | or primary in
connection with which the political committee has | ||||||
20 | accepted or is
accepting contributions or has made or is making | ||||||
21 | expenditures. Such
reports shall be complete as of the 30th day | ||||||
22 | next preceding each election or primary . The Board shall assess | ||||||
23 | a civil penalty not to
exceed $5,000 for a violation of this | ||||||
24 | subsection, except that for State
officers and candidates
and | ||||||
25 | political
committees formed for statewide office, the civil
|
| |||||||
| |||||||
1 | penalty may not exceed $10,000.
The fine, however, shall not | ||||||
2 | exceed $500 for a
first filing violation for filing less than | ||||||
3 | 10 days after the deadline.
There shall be no fine if the | ||||||
4 | report is mailed and postmarked at least 72 hours
prior to the | ||||||
5 | filing deadline.
For the purpose of this subsection, "statewide
| ||||||
6 | office" and "State officer" means the Governor, Lieutenant | ||||||
7 | Governor, Attorney
General,
Secretary of State,
Comptroller, | ||||||
8 | and Treasurer. However, a
continuing political committee that | ||||||
9 | does not make an expenditure or
expenditures in an aggregate | ||||||
10 | amount of more than $500 on behalf of or in opposition to any | ||||||
11 | (i) candidate or candidates, (ii) public
question or questions, | ||||||
12 | or (iii) candidate or candidates and public question or | ||||||
13 | questions on the ballot at an election or primary shall not be | ||||||
14 | required to file the
reports prescribed in this subsection (b) | ||||||
15 | and subsection (b-5) but may file in lieu thereof a Statement | ||||||
16 | of
Nonparticipation in the Election or Primary with the Board | ||||||
17 | or the Board and the county
clerk ; except that if the | ||||||
18 | political committee, by the terms of its statement of | ||||||
19 | organization filed in accordance with this Article, is | ||||||
20 | organized to support or oppose a candidate or public question | ||||||
21 | on the ballot at the next election or primary, that committee | ||||||
22 | must file reports required by this subsection (b) and by | ||||||
23 | subsection (b-5).
| ||||||
24 | (b-5) Notwithstanding the provisions of subsection (b) and
| ||||||
25 | Section 1.25 of the Statute on Statutes, a report of any | ||||||
26 | contribution
of more than $500 received (i) with respect to |
| |||||||
| |||||||
1 | elections other than the general primary election, in the | ||||||
2 | interim between the last date
of the period
covered by the last | ||||||
3 | report filed under subsection (b) prior to the election or | ||||||
4 | primary and
the date of the election or primary (ii) with | ||||||
5 | respect to general primary elections, in the period beginning | ||||||
6 | January 1 of the year of the general primary election and prior | ||||||
7 | to the date of the general primary election shall be filed with | ||||||
8 | and must actually be received by
the State Board of Elections | ||||||
9 | within 2 business days after
receipt of such contribution. A | ||||||
10 | continuing political committee that does not support or oppose | ||||||
11 | a candidate or public question on the ballot at a general | ||||||
12 | primary election and does not make expenditures in excess of | ||||||
13 | $500 on behalf of or in opposition to any candidate or public | ||||||
14 | question on the ballot at the general primary election shall | ||||||
15 | not be required to file the report prescribed in this | ||||||
16 | subsection unless the committee makes an expenditure in excess | ||||||
17 | of $500 on behalf of or in opposition to any candidate or | ||||||
18 | public question on the ballot at the general primary election. | ||||||
19 | The committee shall timely file the report required under this | ||||||
20 | subsection beginning with the date the expenditure that | ||||||
21 | triggered participation was made.
The State Board shall allow | ||||||
22 | filings of reports of contributions of more than
$500 under | ||||||
23 | this subsection (b-5) by political committees that are not
| ||||||
24 | required to file electronically to be made by
facsimile | ||||||
25 | transmission.
For the purpose of this subsection, a | ||||||
26 | contribution is considered
received on the date the public |
| |||||||
| |||||||
1 | official, candidate, or political committee (or
equivalent | ||||||
2 | person
in the case of a
reporting entity other than a political | ||||||
3 | committee) actually receives it or, in
the case of goods or | ||||||
4 | services, 2 business days after the date the public
official,
| ||||||
5 | candidate, committee,
or other reporting entity receives the | ||||||
6 | certification required under subsection
(b) of Section 9-6.
| ||||||
7 | Failure to report
each contribution is a separate violation of | ||||||
8 | this subsection. In the final
disposition of any matter by the | ||||||
9 | Board on or after the effective date of this
amendatory Act of | ||||||
10 | the 93rd General Assembly, the Board
may
impose fines for | ||||||
11 | violations of this subsection not to exceed 100% of the
total
| ||||||
12 | amount of the contributions that were untimely reported, but in | ||||||
13 | no case when a
fine is imposed shall it be less
than 10% of the | ||||||
14 | total amount of the contributions that were untimely
reported.
| ||||||
15 | When considering the amount of the fine to be imposed, the | ||||||
16 | Board shall
consider, but is not limited to, the following | ||||||
17 | factors:
| ||||||
18 | (1) whether in the Board's opinion the violation was | ||||||
19 | committed
inadvertently,
negligently, knowingly, or | ||||||
20 | intentionally;
| ||||||
21 | (2) the number of days the contribution was reported | ||||||
22 | late; and
| ||||||
23 | (3) past violations of Sections 9-3 and 9-10 of this | ||||||
24 | Article by the
committee.
| ||||||
25 | (c) In addition to such reports the treasurer of every | ||||||
26 | political
committee shall file semi-annual reports of campaign |
| |||||||
| |||||||
1 | contributions and
expenditures no later than July 20th, | ||||||
2 | covering the period from January 1st
through June 30th | ||||||
3 | immediately preceding, and no later than January 20th,
covering | ||||||
4 | the period from July 1st through December 31st of the preceding
| ||||||
5 | calendar year. Reports of contributions and expenditures must | ||||||
6 | be filed to
cover the prescribed time periods even though no | ||||||
7 | contributions or
expenditures may have been received or made | ||||||
8 | during the period.
The Board shall assess a civil penalty not | ||||||
9 | to exceed $5,000 for a violation
of this subsection, except | ||||||
10 | that for State officers and candidates
and political
committees | ||||||
11 | formed for statewide office, the civil
penalty may not exceed | ||||||
12 | $10,000.
The fine, however, shall not exceed $500 for a
first | ||||||
13 | filing violation for filing less than 10 days after the | ||||||
14 | deadline.
There shall be no fine if the report is mailed and | ||||||
15 | postmarked at least 72 hours
prior to the filing deadline.
For | ||||||
16 | the purpose of this subsection, "statewide
office" and "State | ||||||
17 | officer"
means the Governor, Lieutenant Governor, Attorney | ||||||
18 | General, Secretary
of State,
Comptroller, and Treasurer.
| ||||||
19 | (c-5) A political committee that acts as either (i) a State | ||||||
20 | and local
political committee or (ii) a local political | ||||||
21 | committee and that files reports
electronically under Section | ||||||
22 | 9-28 is not required to file copies of the reports
with the | ||||||
23 | appropriate county clerk if the county clerk has a system that
| ||||||
24 | permits access to, and duplication of, reports that are filed | ||||||
25 | with the State
Board of Elections. A State and local political | ||||||
26 | committee or
a local political committee shall file with the |
| |||||||
| |||||||
1 | county clerk a copy of its
statement of organization pursuant | ||||||
2 | to Section 9-3.
| ||||||
3 | (d) A copy of each report or statement filed under this | ||||||
4 | Article
shall be
preserved by the person filing it for a period | ||||||
5 | of two years from the
date of filing.
| ||||||
6 | (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | ||||||
7 | eff. 1-1-09.)
| ||||||
8 | Section 10. The General Assembly Compensation Act is | ||||||
9 | amended by changing Section 4 as follows: | ||||||
10 | (25 ILCS 115/4) (from Ch. 63, par. 15.1)
| ||||||
11 | Sec. 4. Office allowance. Beginning July 1, 2001, each | ||||||
12 | member
of the House
of Representatives is authorized to approve | ||||||
13 | the expenditure of not more than
$61,000 per year and each | ||||||
14 | member of the
Senate is authorized to approve the
expenditure | ||||||
15 | of not more than $73,000 per
year to pay for "personal | ||||||
16 | services",
"contractual services", "commodities", "printing", | ||||||
17 | "travel",
"operation of automotive equipment", | ||||||
18 | "telecommunications services", as
defined in the State Finance | ||||||
19 | Act, and the compensation of one or more
legislative assistants | ||||||
20 | authorized pursuant to this Section, in connection
with his or | ||||||
21 | her legislative duties and not in connection with any political
| ||||||
22 | campaign.
On July 1, 2002 and on July 1 of each year | ||||||
23 | thereafter, the amount authorized
per year under this Section | ||||||
24 | for each member of the Senate and each member of
the House of |
| |||||||
| |||||||
1 | Representatives shall be increased by a percentage increase
| ||||||
2 | equivalent to the lesser of (i) the increase in the designated | ||||||
3 | cost of living
index or (ii) 5%. The designated cost of living | ||||||
4 | index is the index known as
the "Employment Cost Index, Wages | ||||||
5 | and Salaries, By
Occupation and Industry Groups: State and | ||||||
6 | Local Government Workers: Public
Administration" as published | ||||||
7 | by the Bureau of Labor Statistics of the U.S.
Department of | ||||||
8 | Labor for the calendar year immediately preceding the year of | ||||||
9 | the
respective July 1st increase date. The increase shall be | ||||||
10 | added to the then
current amount, and the adjusted amount so | ||||||
11 | determined shall be the annual
amount beginning July 1 of the | ||||||
12 | increase year until July 1 of the next year. No
increase under | ||||||
13 | this provision shall be less than zero.
| ||||||
14 | A member may purchase office equipment if the member | ||||||
15 | certifies
to the Secretary of the Senate or the Clerk of the | ||||||
16 | House, as applicable,
that the purchase price, whether paid in | ||||||
17 | lump sum or installments, amounts
to less than would be charged | ||||||
18 | for renting or leasing the equipment over
its anticipated | ||||||
19 | useful life. All such equipment must be purchased through
the | ||||||
20 | Secretary of the Senate or the Clerk of the House, as | ||||||
21 | applicable, for
proper identification and verification of | ||||||
22 | purchase.
| ||||||
23 | Each member of the General Assembly is authorized to employ | ||||||
24 | one or more
legislative assistants, who shall be solely under | ||||||
25 | the direction and control
of that member, for the purpose of | ||||||
26 | assisting the member in the performance
of his or her official |
| |||||||
| |||||||
1 | duties. A legislative assistant may be employed
pursuant to | ||||||
2 | this Section as a full-time employee, part-time employee, or
| ||||||
3 | contractual employee, at
the discretion of the member. If | ||||||
4 | employed as a State employee, a
legislative assistant shall | ||||||
5 | receive employment benefits on the same terms
and conditions | ||||||
6 | that apply to other employees of the General Assembly.
Each | ||||||
7 | member shall adopt and implement personnel policies
for | ||||||
8 | legislative assistants under his or her direction and
control | ||||||
9 | relating to work time requirements, documentation for | ||||||
10 | reimbursement for
travel on official State business, | ||||||
11 | compensation, and the earning and accrual of
State benefits for | ||||||
12 | those legislative assistants who may be eligible to receive
| ||||||
13 | those benefits.
The policies shall also require legislative | ||||||
14 | assistants to
periodically submit time sheets documenting, in | ||||||
15 | quarter-hour increments, the
time
spent each day on official | ||||||
16 | State business.
The
policies shall require the time sheets to | ||||||
17 | be submitted on paper,
electronically, or both and to be | ||||||
18 | maintained in either paper or electronic
format by the | ||||||
19 | applicable fiscal office
for a period of at least 2 years.
| ||||||
20 | Contractual employees may satisfy
the time sheets requirement | ||||||
21 | by complying with the terms of their contract,
which shall | ||||||
22 | provide for a means of compliance with this requirement.
A | ||||||
23 | member may
satisfy the requirements of this paragraph by | ||||||
24 | adopting and implementing the
personnel policies promulgated | ||||||
25 | by that
member's legislative leader under the State Officials | ||||||
26 | and Employees Ethics
Act
with respect to that member's |
| |||||||
| |||||||
1 | legislative
assistants.
| ||||||
2 | As used in this Section the term "personal services" shall | ||||||
3 | include
contributions of the State under the Federal Insurance | ||||||
4 | Contribution Act and
under Article 14 of the Illinois Pension | ||||||
5 | Code. As used in this Section the
term "contractual services" | ||||||
6 | shall not include improvements to real property
unless those | ||||||
7 | improvements are the obligation of the lessee under the lease
| ||||||
8 | agreement. Beginning July 1, 1989, as used in the Section, the | ||||||
9 | term "travel"
shall be limited to travel in connection with a | ||||||
10 | member's legislative duties and
not in connection with any | ||||||
11 | political campaign. Beginning on the effective
date of this | ||||||
12 | amendatory Act of the 93rd General Assembly, as
used
in this | ||||||
13 | Section, the term "printing" includes, but is not limited to,
| ||||||
14 | newsletters,
brochures, certificates,
congratulatory
mailings,
| ||||||
15 | greeting or welcome messages, anniversary or
birthday cards, | ||||||
16 | and congratulations for prominent achievement cards. As used
in | ||||||
17 | this Section, the term "printing" includes fees for | ||||||
18 | non-substantive
resolutions charged by the Clerk of the House | ||||||
19 | of Representatives under
subsection (c-5) of Section 1 of the | ||||||
20 | Legislative Materials Act.
No newsletter or brochure that is | ||||||
21 | paid for, in whole or in part, with
funds
provided under this | ||||||
22 | Section may be printed or mailed during a period
beginning May | ||||||
23 | 1 December 15 of the year of preceding a general primary
| ||||||
24 | election and ending the day after the general primary election | ||||||
25 | and during a
period beginning September 1 of the year of a | ||||||
26 | general election and ending the
day after the general election, |
| |||||||
| |||||||
1 | except that such a newsletter or brochure may
be mailed during
| ||||||
2 | those times if it is mailed to a constituent in response to | ||||||
3 | that constituent's
inquiry concerning the needs of that | ||||||
4 | constituent or questions raised by that
constituent.
Nothing in
| ||||||
5 | this Section shall be construed to authorize expenditures for | ||||||
6 | lodging and meals
while a member is in attendance at sessions | ||||||
7 | of the General Assembly.
| ||||||
8 | Any utility bill for service provided to a member's | ||||||
9 | district office for
a period including portions of 2 | ||||||
10 | consecutive fiscal years may be paid from
funds appropriated | ||||||
11 | for such expenditure in either fiscal year.
| ||||||
12 | If a vacancy occurs in the office of Senator or | ||||||
13 | Representative in the General
Assembly, any office equipment in | ||||||
14 | the possession of the vacating member
shall transfer to the | ||||||
15 | member's successor; if the successor does not want
such | ||||||
16 | equipment, it shall be transferred to the Secretary of the | ||||||
17 | Senate or
Clerk of the House of Representatives, as the case | ||||||
18 | may be, and if not
wanted by other members of the General | ||||||
19 | Assembly then to the Department of
Central Management Services | ||||||
20 | for treatment as surplus property under the
State Property | ||||||
21 | Control Act. Each member, on or before June 30th of each
year, | ||||||
22 | shall conduct an inventory of all equipment purchased pursuant | ||||||
23 | to
this Act. Such inventory shall be filed with the Secretary | ||||||
24 | of the Senate
or the Clerk of the House, as the case may be. | ||||||
25 | Whenever a vacancy occurs,
the Secretary of the Senate or the | ||||||
26 | Clerk of the House, as the case may be,
shall conduct an |
| |||||||
| |||||||
1 | inventory of equipment purchased.
| ||||||
2 | In the event that a member leaves office during his or her | ||||||
3 | term, any
unexpended or unobligated portion of the allowance | ||||||
4 | granted under this Section
shall lapse. The vacating member's | ||||||
5 | successor shall be granted an allowance
in an amount, rounded | ||||||
6 | to the nearest dollar, computed by dividing the annual
| ||||||
7 | allowance by 365 and multiplying the quotient by the number of | ||||||
8 | days remaining
in the fiscal year.
| ||||||
9 | From any appropriation for the purposes of this Section for | ||||||
10 | a
fiscal year which overlaps 2 General Assemblies, no more than | ||||||
11 | 1/2 of the
annual allowance per member may be spent or | ||||||
12 | encumbered by any member of
either the outgoing or incoming | ||||||
13 | General Assembly, except that any member
of the incoming | ||||||
14 | General Assembly who was a member of the outgoing General
| ||||||
15 | Assembly may encumber or spend any portion of his annual | ||||||
16 | allowance within
the fiscal year.
| ||||||
17 | The appropriation for the annual allowances permitted by | ||||||
18 | this Section
shall be included in an appropriation to the | ||||||
19 | President of the Senate and to
the Speaker of the House of | ||||||
20 | Representatives for their respective members.
The President of | ||||||
21 | the Senate and the Speaker of the House shall voucher for
| ||||||
22 | payment individual members' expenditures from their annual | ||||||
23 | office
allowances to the State Comptroller, subject to the | ||||||
24 | authority of the
Comptroller under Section 9 of the State | ||||||
25 | Comptroller Act.
| ||||||
26 | (Source: P.A. 95-6, eff. 6-20-07.)
|
| |||||||
| |||||||
1 | Section 15. The Legislative Commission Reorganization Act | ||||||
2 | of 1984 is amended by changing Section 9-2.5 as follows: | ||||||
3 | (25 ILCS 130/9-2.5)
| ||||||
4 | Sec. 9-2.5. Newsletters and brochures. The Legislative | ||||||
5 | Printing Unit may
not print for any member of the General | ||||||
6 | Assembly any newsletters or brochures
during the period | ||||||
7 | beginning May 1 December 15 of the
year of preceding a general | ||||||
8 | primary election and ending the day after the general primary
| ||||||
9 | election and during a period beginning September 1 of the year | ||||||
10 | of a general
election and ending the day after the general | ||||||
11 | election.
A member of the General Assembly may not mail, during | ||||||
12 | a period beginning
May 1 December 15 of the year of preceding a | ||||||
13 | general primary election and ending the day after
the general | ||||||
14 | primary election and during a period beginning September 1 of | ||||||
15 | the
year of a general election and ending the day after the | ||||||
16 | general election, any
newsletters or brochures
that were | ||||||
17 | printed, at any time, by the Legislative
Printing Unit, except | ||||||
18 | that such a newsletter or brochure may be mailed during
those | ||||||
19 | times if it is mailed to a constituent in response to that | ||||||
20 | constituent's
inquiry concerning the needs of that constituent | ||||||
21 | or questions raised by that
constituent.
| ||||||
22 | (Source: P.A. 95-6, eff. 6-20-07.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|