97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3110

 

Introduced 2/23/2011, by Rep. Sidney H. Mathias

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-10  from Ch. 46, par. 9-10

    Amends the Election Code. In a provision requiring a political committee to file an electronic report with the State Board of Elections if it receives a contribution of $1,000 or more, provides that the report must be filed within 2 business days if the contribution is received 90 (instead of 30) or fewer days before the date of an election. Effective immediately.


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A BILL FOR

 

HB3110LRB097 10879 HLH 51400 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
59-10 as follows:
 
6    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
7    Sec. 9-10. Disclosure of contributions and expenditures.
8    (a) The treasurer of every political committee shall file
9with the Board reports of campaign contributions and
10expenditures as required by this Section on forms to be
11prescribed or approved by the Board.
12    (b) Every political committee shall file quarterly reports
13of campaign contributions, expenditures, and independent
14expenditures. The reports shall cover the period January 1
15through March 31, April 1 through June 30, July 1 through
16September 30, and October 1 through December 31 of each year. A
17political committee shall file quarterly reports no later than
18the 15th day of the month following each period. Reports of
19contributions and expenditures must be filed to cover the
20prescribed time periods even though no contributions or
21expenditures may have been received or made during the period.
22The Board shall assess a civil penalty not to exceed $5,000 for
23failure to file a report required by this subsection. The fine,

 

 

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1however, shall not exceed $1,000 for a first violation if the
2committee files less than 10 days after the deadline. There
3shall be no fine if the report is mailed and postmarked at
4least 72 hours prior to the filing deadline. When considering
5the amount of the fine to be imposed, the Board shall consider
6whether the violation was committed inadvertently,
7negligently, knowingly, or intentionally and any past
8violations of this Section.
9    (c) A political committee shall file a report of any
10contribution of $1,000 or more electronically with the Board
11within 5 business days after receipt of the contribution,
12except that the report shall be filed within 2 business days
13after receipt if (i) the contribution is received 90 30 or
14fewer days before the date of an election and (ii) the
15political committee supports or opposes a candidate or public
16question on the ballot at that election or makes expenditures
17in excess of $500 on behalf of or in opposition to a candidate,
18candidates, a public question, or public questions on the
19ballot at that election. The State Board shall allow filings of
20reports of contributions of $1,000 or more by political
21committees that are not required to file electronically to be
22made by facsimile transmission. The Board shall assess a civil
23penalty for failure to file a report required by this
24subsection. Failure to report each contribution is a separate
25violation of this subsection. The Board shall impose fines for
26willful or wanton violations of this subsection (c) not to

 

 

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1exceed 150% of the total amount of the contributions that were
2untimely reported, but in no case shall it be less than 10% of
3the total amount of the contributions that were untimely
4reported. When considering the amount of the fine to be imposed
5for willful or wanton violations, the Board shall consider the
6number of days the contribution was reported late and past
7violations of this Section and Section 9-3. The Board may
8impose a fine for negligent or inadvertent violations of this
9subsection not to exceed 50% of the total amount of the
10contributions that were untimely reported, or the Board may
11waive the fine. When considering whether to impose a fine and
12the amount of the fine, the Board shall consider the following
13factors: (1) whether the political committee made an attempt to
14disclose the contribution and any attempts made to correct the
15violation, (2) whether the violation is attributed to a
16clerical or computer error, (3) the amount of the contribution,
17(4) whether the violation arose from a discrepancy between the
18date the contribution was reported transferred by a political
19committee and the date the contribution was received by a
20political committee, (5) the number of days the contribution
21was reported late, and (6) past violations of this Section and
22Section 9-3 by the political committee.
23    (d) For the purpose of this Section, a contribution is
24considered received on the date (i) a monetary contribution was
25deposited in a bank, financial institution, or other repository
26of funds for the committee, (ii) the date a committee receives

 

 

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1notice a monetary contribution was deposited by an entity used
2to process financial transactions by credit card or other
3entity used for processing a monetary contribution that was
4deposited in a bank, financial institution, or other repository
5of funds for the committee, or (iii) the public official,
6candidate, or political committee receives the notification of
7contribution of goods or services as required under subsection
8(b) of Section 9-6.
9    (e) A political committee that makes independent
10expenditures of $1,000 or more during the period 30 days or
11fewer before an election shall electronically file a report
12with the Board within 5 business days after making the
13independent expenditure. The report shall contain the
14information required in Section 9-11(c) of this Article.
15    (f) A copy of each report or statement filed under this
16Article shall be preserved by the person filing it for a period
17of two years from the date of filing.
18(Source: P.A. 95-6, eff. 6-20-07; 95-957, eff. 1-1-09; 96-832,
19eff. 1-1-11.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.