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Full Text of HB2856  102nd General Assembly

HB2856 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2856

 

Introduced 2/19/2021, by Rep. Amy Grant

 

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

    Amends the Election Code. Requires political committees to include a copy or image of any receipt received for any expenditure that must be reported. Allows the State Board of Elections to adopt rules to implement the requirements. Effective immediately.


LRB102 12822 SMS 18164 b

 

 

A BILL FOR

 

HB2856LRB102 12822 SMS 18164 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
5Section 9-10 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

 

 

HB2856- 2 -LRB102 12822 SMS 18164 b

1fine, however, shall not exceed $1,000 for a first violation
2if the committee files less than 10 days after the deadline.
3There shall be no fine if the report is mailed and postmarked
4at least 72 hours prior to the filing deadline. When
5considering the amount of the fine to be imposed, the Board
6shall consider whether the violation was committed
7inadvertently, negligently, knowingly, or intentionally and
8any past violations 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 30 or fewer
14days before the date of an election and (ii) the political
15committee supports or opposes a candidate or public question
16on the ballot at that election or makes expenditures in excess
17of $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
20of reports 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

 

 

HB2856- 3 -LRB102 12822 SMS 18164 b

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
5imposed for willful or wanton violations, the Board shall
6consider the number of days the contribution was reported late
7and past violations of this Section and Section 9-3. The Board
8may impose a fine for negligent or inadvertent violations of
9this subsection 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
14to disclose the contribution and any attempts made to correct
15the violation, (2) whether the violation is attributed to a
16clerical or computer error, (3) the amount of the
17contribution, (4) whether the violation arose from a
18discrepancy between the date the contribution was reported
19transferred by a political committee and the date the
20contribution was received by a political committee, (5) the
21number of days the contribution was reported late, and (6)
22past violations of this Section and Section 9-3 by the
23political committee.
24    (d) For the purpose of this Section, a contribution is
25considered received on the date (i) a monetary contribution
26was deposited in a bank, financial institution, or other

 

 

HB2856- 4 -LRB102 12822 SMS 18164 b

1repository of funds for the committee, (ii) the date a
2committee receives notice a monetary contribution was
3deposited by an entity used to process financial transactions
4by credit card or other entity used for processing a monetary
5contribution that was deposited in a bank, financial
6institution, or other repository of funds for the committee,
7or (iii) the public official, candidate, or political
8committee receives the notification of contribution of goods
9or services as required under subsection (b) of Section 9-6.
10    (e) A political committee that makes independent
11expenditures of $1,000 or more shall file a report
12electronically with the Board within 5 business days after
13making the independent expenditure, except that the report
14shall be filed within 2 business days after making the
15independent expenditure during the 60-day period before an
16election.
17    (e-5) An independent expenditure committee that makes an
18independent expenditure supporting or opposing a public
19official or candidate that, alone or in combination with any
20other independent expenditure made by that independent
21expenditure committee supporting or opposing that public
22official or candidate during the election cycle, equals an
23aggregate value of more than (i) $250,000 for statewide office
24or (ii) $100,000 for all other elective offices must file a
25written disclosure with the State Board of Elections within 2
26business days after making any expenditure that results in the

 

 

HB2856- 5 -LRB102 12822 SMS 18164 b

1independent expenditure committee exceeding the applicable
2threshold. The Board shall assess a civil penalty against an
3independent expenditure committee for failure to file the
4disclosure required by this subsection not to exceed (i) $500
5for an initial failure to file the required disclosure and
6(ii) $1,000 for each subsequent failure to file the required
7disclosure.
8    (f) A copy of each report or statement filed under this
9Article shall be preserved by the person filing it for a period
10of two years from the date of filing.
11    (g) Political committees shall include a copy or image of
12any receipt received for any expenditure that must be reported
13under this Section. The Board may adopt rules to implement the
14requirements of this subsection (g).
15(Source: P.A. 99-437, eff. 1-1-16.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.