Sen. Matt Murphy
Filed: 3/13/2009
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| 1 | AMENDMENT TO SENATE BILL 1662
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1662 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 | ||||||
| 5 | Section 9-3 as follows: | ||||||
| 6 | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | ||||||
| 7 | Sec. 9-3. Every state political committee and every local
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| 8 | political committee shall file with the State Board of | ||||||
| 9 | Elections, and
every local political committee shall file with | ||||||
| 10 | the county clerk, a
statement of organization within 10 | ||||||
| 11 | business days of the creation of
such
committee, except any | ||||||
| 12 | political committee created within the 30 days before
an
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| 13 | election shall file a statement of organization within 24 hours | ||||||
| 14 | via facsimile transmission or electronic mail
5 business days. | ||||||
| 15 | A
political committee that acts as both a state political
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| 16 | committee and a local political committee shall file a copy of | ||||||
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| 1 | each
statement of organization with the State Board of | ||||||
| 2 | Elections and the
county clerk.
The Board shall impose a civil | ||||||
| 3 | penalty of $25 per business day upon political
committees for | ||||||
| 4 | failing to file or late filing of a statement of organization,
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| 5 | except that for committees formed to support candidates for | ||||||
| 6 | statewide office,
the civil penalty shall be $50 per business | ||||||
| 7 | day. Such penalties shall not
exceed $5,000, and shall not | ||||||
| 8 | exceed $10,000 for statewide office political
committees.
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| 9 | There shall be no fine if the statement is mailed and | ||||||
| 10 | postmarked at least 72
hours prior to the filing deadline.
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| 11 | In addition to the civil penalties authorized by this | ||||||
| 12 | Section, the State
Board of Elections or any other affected | ||||||
| 13 | political committee may apply to the
circuit court for a | ||||||
| 14 | temporary restraining
order or a preliminary or permanent | ||||||
| 15 | injunction against the political committee
to cease the | ||||||
| 16 | expenditure of funds and to cease operations until the | ||||||
| 17 | statement
of organization is filed.
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| 18 | For the purpose of this Section,
"statewide office" means | ||||||
| 19 | the Governor, Lieutenant Governor, Secretary of State,
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| 20 | Attorney General, State Treasurer, and State Comptroller.
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| 21 | The statement of organization shall include -
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| 22 | (a) the name
and address of the political committee (the | ||||||
| 23 | name of the
political committee must include the name of any | ||||||
| 24 | sponsoring entity);
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| 25 | (b) the scope, area of activity, party affiliation, | ||||||
| 26 | candidate
affiliation and his county of residence, and purposes | ||||||
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| 1 | of the political
committee;
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| 2 | (c) the name, address, and position of each custodian of | ||||||
| 3 | the
committee's books and accounts;
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| 4 | (d) the name, address, and position of the committee's | ||||||
| 5 | principal
officers, including the chairman, treasurer, and | ||||||
| 6 | officers and members of
its finance committee, if any;
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| 7 | (e) (Blank);
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| 8 | (f) a statement of what specific disposition of residual | ||||||
| 9 | fund will
be made in the event of the dissolution or
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| 10 | termination of the committee;
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| 11 | (g) a listing of all banks or other financial institutions, | ||||||
| 12 | safety
deposit boxes, and any other repositories or custodians | ||||||
| 13 | of funds used by
the committee;
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| 14 | (h) the amount of funds available for campaign expenditures | ||||||
| 15 | as of
the filing date of the committee's statement of | ||||||
| 16 | organization.
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| 17 | For purposes of this Section, a "sponsoring entity" is (i) | ||||||
| 18 | any person,
political committee, organization, corporation, or | ||||||
| 19 | association that contributes
at least 33% of the total funding | ||||||
| 20 | of the political committee or (ii) any person
or other entity | ||||||
| 21 | that is registered or is required to register under the
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| 22 | Lobbyist Registration Act and contributes at least 33% of the | ||||||
| 23 | total funding of
the political committee; except that a | ||||||
| 24 | political committee is not a "sponsoring entity" for purposes | ||||||
| 25 | of this Section if it is a political committee organized by (i) | ||||||
| 26 | an established political party as defined in Section 10-2, (ii) | ||||||
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| 1 | a partisan caucus of either house of the General Assembly, or | ||||||
| 2 | (iii) the Speaker or Minority Leader of the House of | ||||||
| 3 | Representatives or the President or Minority Leader of the | ||||||
| 4 | Senate, in his or her capacity as a legislative leader of the | ||||||
| 5 | House of Representatives or Senate and not as a candidate for | ||||||
| 6 | Representative or Senator.
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| 7 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | ||||||
| 8 | 94-645, eff. 8-22-05.)".
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