HB2943 103RD GENERAL ASSEMBLY

LRB103 29570 BMS 55965 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2943

Introduced 2/16/2023, by Rep. Chris Miller

SYNOPSIS AS INTRODUCED:

10 ILCS 5/4-14.1	from Ch. 46, par. 4-14.1
10 ILCS 5/9-8.10
15 ILCS 205/6.7 new

Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified timeframes. Prohibits a political committee from making expenditures for payments to attorneys, expert witnesses, investigators, or others to provide a defense in a criminal case. Amends the Attorney General Act. Creates an Office of Election Integrity within the Office of the Attorney General. Provides that the purpose of the Office is to aid the State Board of Elections in completion of its duties under the Election Code. Provides that the Office shall develop and create a voter fraud hotline within 90 days after the effective date of the amendatory Act. Provides that by January 15 of each year, the Office shall submit a report to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives detailing information on investigations of alleged election law violations or election irregularities conducted during the prior calendar year.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 4-14.1 and 9-8.10 as follows:

(10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)

Sec. 4-14.1. Cancelation of deceased voter's registration.

(a) Upon establishment of an electronic reporting system for death registrations as provided in the Vital Records Act, the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, shall may issue certifications of death records from that system and shall may use that system to cancel the registration of any person who has died during the preceding month. Regardless of whether or not such a system has been established, it is the duty of the county clerk to examine, monthly, the records deposited in his or her office pursuant to the Vital Records Act that relate to deaths in the county, and to cancel the registration of any person who has died during the preceding month. The county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under Section 18 of the Vital Records Act shall promptly transmit certified records to the county clerk within 7 days after the death of the decedent. The county clerk and coroner shall report quarterly to its affiliated county board and certify its full compliance with this Section and accuracy of the voter rolls.

(b) Any person may request a copy of the report required in subsection (a). Failure to provide an accurate report by the county clerk within 5 business days, or 48 hours if 30 days before an election, may file suit for injunction or declaratory relief to enforce subsection (a) or this subsection (b).

(c) The circuit court shall have the jurisdiction to order: (i) production of deposits of records; (ii) production of required reports; and (iii) compliance with subsection (a), including establishing the accuracy of the voter registration rolls.

(d) If a person seeking the right to receive a copy of the documents pursuant to subsection (a) or enforce the provision of subsection (a) prevails in a proceeding under this Section, the court shall award such person reasonable attorney's fees and costs. In determining what amount of attorney's fees is reasonable, the court shall consider the degree to which the relief obtained relates to the relief sought.

(e) If the court determines that a public body willfully and intentionally failed to comply with this Section, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less than $2,500 nor more than $5,000 for each occurrence. In assessing the civil penalty, the court shall consider in aggravation or mitigation the budget of the public body and whether the public body has previously been assessed penalties for violations of this Section. The court may impose an additional penalty of up to $1,000 for each day the violation continues if:

(1) the public body fails to comply with the court's order after 30 days;

(2) the court's order is not on appeal or stayed; and

(3) the court does not grant the public body additional time to comply with the court's order to disclose public records.

(Source: P.A. 96-1484, eff. 1-1-11.)

(10 ILCS 5/9-8.10)

Sec. 9-8.10. Use of political committee and other reporting organization funds.

(a) A political committee shall not make expenditures:

(1) In violation of any law of the United States or of this State.

(2) Clearly in excess of the fair market value of the services, materials, facilities, or other things of value received in exchange.

(3) For satisfaction or repayment of any debts other than loans made to the committee or to the public official or candidate on behalf of the committee or repayment of goods and services purchased by the committee under a credit agreement. Nothing in this Section authorizes the use of campaign funds to repay personal loans. The repayments shall be made by check written to the person who made the loan or credit agreement. The terms and conditions of any loan or credit agreement to a committee shall be set forth in a written agreement, including but not limited to the method and amount of repayment, that shall be executed by the chair or treasurer of the committee at the time of the loan or credit agreement. The loan or agreement shall also set forth the rate of interest for the loan, if any, which may not substantially exceed the prevailing market interest rate at the time the agreement is executed.

(4) For the satisfaction or repayment of any debts or for the payment of any expenses relating to a personal residence. Campaign funds may not be used as collateral for home mortgages.

(5) For clothing or personal laundry expenses, except clothing items rented by the public official or candidate for his or her own use exclusively for a specific campaign-related event, provided that committees may purchase costumes, novelty items, or other accessories worn primarily to advertise the candidacy.

(6) For the travel expenses of any person unless the travel is necessary for fulfillment of political, governmental, or public policy duties, activities, or purposes.

(7) For membership or club dues charged by organizations, clubs, or facilities that are primarily engaged in providing health, exercise, or recreational services; provided, however, that funds received under this Article may be used to rent the clubs or facilities for a specific campaign-related event.

(8) In payment for anything of value or for reimbursement of any expenditure for which any person has been reimbursed by the State or any person. For purposes of this item (8), a per diem allowance is not a reimbursement.

(9) For the lease or purchase of or installment payment for a motor vehicle unless the political committee can demonstrate the vehicle will be used primarily for campaign purposes or for the performance of governmental duties. Nothing in this paragraph prohibits a political committee from using political funds to make expenditures related to vehicles not purchased or leased by a political committee, provided the expenditure relates to the use of the vehicle for primarily campaign purposes or the performance of governmental duties. Persons using vehicles not purchased or leased by a political committee may be reimbursed for actual mileage for the use of the vehicle for campaign purposes or for the performance of governmental duties. The mileage reimbursements shall be made at a rate not to exceed the standard mileage rate method for computation of business expenses under the Internal Revenue Code.

(10) Directly for an individual's tuition or other educational expenses, except for governmental or political purposes directly related to a candidate's or public official's duties and responsibilities.

(11) For payments to a public official or candidate or his or her family member unless for compensation for services actually rendered by that person. The provisions of this item (11) do not apply to expenditures by a political committee for expenses related to providing childcare for a minor child or care for a dependent family member if the care is reasonably necessary for the public official or candidate to fulfill political or governmental duties. The provisions of this item (11) do not apply to expenditures by a political committee in an aggregate amount not exceeding the amount of funds reported to and certified by the State Board or county clerk as available as of June 30, 1998, in the semi-annual report of contributions and expenditures filed by the political committee for the period concluding June 30, 1998.

(12) For payments to attorneys, expert witnesses, investigators, or others to provide a defense in a criminal case.

(b) The Board shall have the authority to investigate, upon receipt of a verified complaint, violations of the provisions of this Section. The Board may levy a fine on any person who knowingly makes expenditures in violation of this Section and on any person who knowingly makes a malicious and false accusation of a violation of this Section. The Board may act under this subsection only upon the affirmative vote of at least 5 of its members. The fine shall not exceed $500 for each expenditure of $500 or less and shall not exceed the amount of the expenditure plus $500 for each expenditure greater than $500. The Board shall also have the authority to render rulings and issue opinions relating to compliance with this Section.

(c) Nothing in this Section prohibits the expenditure of funds of a political committee controlled by an officeholder or by a candidate to defray the customary and reasonable expenses of an officeholder in connection with the performance of governmental and public service functions.

(d) Nothing in this Section prohibits the funds of a political committee which is controlled by a person convicted of a violation of any of the offenses listed in subsection (a) of Section 10 of the Public Corruption Profit Forfeiture Act from being forfeited to the State under Section 15 of the Public Corruption Profit Forfeiture Act.

(Source: P.A. 102-15, eff. 6-17-21.)

Section 10. The Attorney General Act is amended by adding Section 6.7 as follows:

(15 ILCS 205/6.7 new)

Sec. 6.7. Office of Election Integrity.

(a) The Office of Election Integrity is created within the Office of the Attorney General. The purpose of the Office is to aid the State Board of Elections in completion of its duties under the Election Code by:

(1) Receiving and reviewing notices and reports generated by government officials or any other person regarding alleged occurrences of election law violations or election irregularities in this State.

(2) Initiating independent inquiries and conducting preliminary investigations into allegations of election law violations or election irregularities in this State.

(b) The Office may review complaints and conduct preliminary investigations into alleged violations of the Election Code or any rule adopted pursuant to the Election Code and any election irregularities.

(c) The Attorney General in conjunction with the Chair of the State Board of Elections shall appoint a Director of the Office of Election Integrity.

(d) The Office shall be based in Springfield and shall employ nonsworn investigators to conduct any investigations. The positions and resources necessary for the Office to accomplish its duties shall be established through and subject to the legislative appropriations process.

(e) The Office shall develop and create a voter fraud hotline within 90 days after the effective date of this amendatory Act of the 103rd General Assembly.

(f) The Office shall oversee the voter fraud hotline.

(g) This Section does not limit the jurisdiction of any other office or agency of this State empowered by law to investigate, act upon, or dispose of alleged election law violations.

(h) By January 15 of each year, the Office shall submit a report to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives detailing information on investigations of alleged election law violations or election irregularities conducted during the prior calendar year. The report shall include the total number of complaints received and independent investigations initiated and the number of complaints referred to another State agency for further investigation or prosecution. For each alleged violation or irregularity investigated, the report shall include:

(1)the source of the alleged violation or irregularity;

(2) the law allegedly violated or the nature of the irregularity reported;

(3) the county in which the alleged violation or irregularity occurred;

(4) whether the alleged violation or irregularity was referred to another State agency for further investigation or prosecution and, if so, to which State agency; and

(5) the current status of the investigation or resulting criminal case.