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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 Section | |||||||||||||||||||
5 | 9-10 as follows: | |||||||||||||||||||
6 | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
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7 | Sec. 9-10. Disclosure of contributions and expenditures.
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8 | (a) The treasurer of every political committee shall file | |||||||||||||||||||
9 | with the
Board reports of campaign contributions and | |||||||||||||||||||
10 | expenditures as required by this Section on forms to be
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11 | prescribed or approved by the Board.
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12 | (b) Every political committee shall file quarterly reports | |||||||||||||||||||
13 | of campaign contributions, expenditures, and independent | |||||||||||||||||||
14 | expenditures. The reports shall cover the period January 1 | |||||||||||||||||||
15 | through March 31, April 1 through June 30, July 1 through | |||||||||||||||||||
16 | September 30, and October 1 through December 31 of each year. A | |||||||||||||||||||
17 | political committee shall file quarterly reports no later than | |||||||||||||||||||
18 | the 15th day of the month following each period. Reports of | |||||||||||||||||||
19 | contributions and expenditures must be filed to cover the | |||||||||||||||||||
20 | prescribed time periods even though no contributions or | |||||||||||||||||||
21 | expenditures may have been received or made during the period. | |||||||||||||||||||
22 | The Board shall assess a civil penalty not to exceed $5,000 for | |||||||||||||||||||
23 | failure to file a report required by this subsection. The fine, |
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1 | however, shall not exceed $1,000 for a first violation if the | ||||||
2 | committee files less than 10 days after the deadline. There | ||||||
3 | shall be no fine if the report is mailed and postmarked at | ||||||
4 | least 72 hours prior to the filing deadline. When considering | ||||||
5 | the amount of the fine to be imposed, the Board shall consider | ||||||
6 | whether the violation was committed inadvertently, | ||||||
7 | negligently, knowingly, or intentionally and any past | ||||||
8 | violations of this Section. | ||||||
9 | (c) A political committee shall file a report of any | ||||||
10 | contribution of $1,000 or more electronically with the Board | ||||||
11 | within 5 business days after receipt of the contribution, | ||||||
12 | except that the report shall be filed within 2 business days | ||||||
13 | after receipt if (i) the contribution is received 30 or fewer | ||||||
14 | days before the date of an election and (ii) the political | ||||||
15 | committee supports or opposes a candidate or public question on | ||||||
16 | the ballot at that election or makes expenditures in excess of | ||||||
17 | $500 on behalf of or in opposition to a candidate, candidates, | ||||||
18 | a public question, or public questions on the ballot at that | ||||||
19 | election.
The State Board shall allow filings of reports of | ||||||
20 | contributions of $1,000 or more by political committees that | ||||||
21 | are not required to file electronically to be made by facsimile | ||||||
22 | transmission. The Board shall assess a civil penalty for | ||||||
23 | failure to file a report required by this subsection. Failure | ||||||
24 | to report each contribution is a separate violation of this | ||||||
25 | subsection. The Board shall impose fines for willful or wanton | ||||||
26 | violations of this subsection (c) not to exceed 150% of the |
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1 | total amount of the contributions that were untimely reported, | ||||||
2 | but in no case shall it be less than 10% of the total amount of | ||||||
3 | the contributions that were untimely reported. When | ||||||
4 | considering the amount of the fine to be imposed for willful or | ||||||
5 | wanton violations, the Board shall consider the number of days | ||||||
6 | the contribution was reported late and past violations of this | ||||||
7 | Section and Section 9-3. The Board may impose a fine for | ||||||
8 | negligent or inadvertent violations of this subsection not to | ||||||
9 | exceed 50% of the total amount of the contributions that were | ||||||
10 | untimely reported, or the Board may waive the fine. When | ||||||
11 | considering whether to impose a fine and the amount of the | ||||||
12 | fine, the Board shall consider the following factors: (1) | ||||||
13 | whether the political committee made an attempt to disclose the | ||||||
14 | contribution and any attempts made to correct the violation, | ||||||
15 | (2) whether the violation is attributed to a clerical or | ||||||
16 | computer error, (3) the amount of the contribution, (4) whether | ||||||
17 | the violation arose from a discrepancy between the date the | ||||||
18 | contribution was reported transferred by a political committee | ||||||
19 | and the date the contribution was received by a political | ||||||
20 | committee, (5) the number of days the contribution was reported | ||||||
21 | late, and (6) past violations of this Section and Section 9-3 | ||||||
22 | by the political committee. | ||||||
23 | (d) For the purpose of this Section, a contribution is | ||||||
24 | considered received on the date (i) a monetary contribution was | ||||||
25 | deposited in a bank, financial institution, or other repository | ||||||
26 | of funds for the committee, (ii) the date a committee receives |
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1 | notice a monetary contribution was deposited by an entity used | ||||||
2 | to process financial transactions by credit card or other | ||||||
3 | entity used for processing a monetary contribution that was | ||||||
4 | deposited in a bank, financial institution, or other repository | ||||||
5 | of funds for the committee, or (iii) the public official, | ||||||
6 | candidate, or political committee receives the notification of | ||||||
7 | contribution of goods or services as required under subsection | ||||||
8 | (b) of Section 9-6. | ||||||
9 | (e) A political committee that makes independent | ||||||
10 | expenditures of $1,000 or more shall file a report | ||||||
11 | electronically with the Board within 5 business days after | ||||||
12 | making the independent expenditure, except that the report | ||||||
13 | shall be filed within 2 business days after making the | ||||||
14 | independent expenditure during the 60-day period before an | ||||||
15 | election.
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16 | (e-5) An independent expenditure committee that makes an | ||||||
17 | independent expenditure supporting or opposing a public | ||||||
18 | official or candidate that, alone or in combination with any | ||||||
19 | other independent expenditure made by that independent | ||||||
20 | expenditure committee supporting or opposing that public | ||||||
21 | official or candidate during the election cycle, equals an | ||||||
22 | aggregate value of more than (i) $250,000 for statewide office | ||||||
23 | or (ii) $100,000 for all other elective offices must file a | ||||||
24 | written disclosure with the State Board of Elections within 2 | ||||||
25 | business days after making any expenditure that results in the | ||||||
26 | independent expenditure committee exceeding the applicable |
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1 | threshold. The Board shall assess a civil penalty against an | ||||||
2 | independent expenditure committee for failure to file the | ||||||
3 | disclosure required by this subsection not to exceed (i) $500 | ||||||
4 | for an initial failure to file the required disclosure and (ii) | ||||||
5 | $1,000 for each subsequent failure to file the required | ||||||
6 | disclosure.
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7 | (f) A copy of each report or statement filed under this | ||||||
8 | Article
shall be
preserved by the person filing it for a period | ||||||
9 | of two years from the
date of filing.
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10 | (g) Political committees shall include a copy or image of | ||||||
11 | any receipt received for any expenditure that must be reported | ||||||
12 | under this Section. The Board may adopt rules to implement the | ||||||
13 | requirements of this subsection (g). | ||||||
14 | (Source: P.A. 99-437, eff. 1-1-16 .)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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