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Full Text of SB1768  96th General Assembly

SB1768 96TH GENERAL ASSEMBLY


 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1768

 

Introduced 2/19/2009, by Sen. Heather Steans - Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/Art. 9 heading
10 ILCS 5/9-1   from Ch. 46, par. 9-1
10 ILCS 5/9-1.4   from Ch. 46, par. 9-1.4
10 ILCS 5/9-1.5   from Ch. 46, par. 9-1.5
10 ILCS 5/9-1.16 new
10 ILCS 5/9-1.17 new
10 ILCS 5/9-1.18 new
10 ILCS 5/9-1.19 new
10 ILCS 5/9-1.20 new
10 ILCS 5/9-1.21 new
10 ILCS 5/9-1.22 new
10 ILCS 5/9-1.23 new
10 ILCS 5/9-1.24 new
10 ILCS 5/9-2.5 new
10 ILCS 5/9-2.7 new
10 ILCS 5/9-8.5 new
10 ILCS 5/9-8.7 new
10 ILCS 5/9-29 new

    Amends the Election Code with respect to campaign finance. Limits a candidate to the establishment of one political committee; permits a General Assembly caucus leader to establish an additional caucus committee. Requires candidates, and permits political parties and General Assembly caucus leaders, to designate a single political committee to accept campaign contributions and regulates the manner of designation. Prohibits campaign contributions to political committees of public office candidates, established political parties, political party committeeperson candidates, and legislative caucuses except in limited amounts from individuals and political committees. Regulates the solicitation by corporations, labor organizations, and associations of employees and employee families for campaign contributions. Requires political committees to furnish the State Board of Election with reports of audits of the committees.


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A BILL FOR

 

SB1768 LRB096 10909 JAM 21154 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing the
5 heading of Article 9 and Sections 9-1, 9-1.4, and 9-1.5 and by
6 adding Sections 9-1.16, 9-1.17, 9-1.18, 9-1.19, 9-1.20,
7 9-1.21, 9-1.22, 9-1.23, 9-1.24, 9-2.5, 9-2.7, 9-8.5, 9-8.7, and
8 9-29 as follows:
 
9     (10 ILCS 5/Art. 9 heading)
10
ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
11
CONTRIBUTIONS AND EXPENDITURES

 
12     (10 ILCS 5/9-1)  (from Ch. 46, par. 9-1)
13     Sec. 9-1. As used in this Article, unless the context
14 otherwise requires, the terms defined in Sections 9-1.1 through
15 9-1.24 9-1.13, have the respective meanings as defined in those
16 Sections.
17 (Source: P.A. 86-873.)
 
18     (10 ILCS 5/9-1.4)  (from Ch. 46, par. 9-1.4)
19     Sec. 9-1.4. Contribution.
20     (A) "Contribution" means-
21         (1) a gift, subscription, donation, dues, loan,

 

 

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1     advance, or deposit of money or anything of value,
2     knowingly received in connection with the nomination for
3     election, or election, or retention of any person to or in
4     public office, in connection with the election of any
5     person as ward or township committeeman in counties of
6     3,000,000 or more population, or in connection with any
7     question of public policy;
8         (1.5) a gift, subscription, donation, dues, loan,
9     advance, deposit of money, or anything of value that
10     constitutes an electioneering communication regardless of
11     whether the communication is made in concert or cooperation
12     with or at the request, suggestion, or knowledge of a
13     candidate, a candidate's authorized local political
14     committee, a State political committee, a political
15     committee in support of or opposition to a question of
16     public policy, or any of their agents;
17         (2) the purchase of tickets for fund-raising events,
18     including but not limited to dinners, luncheons, cocktail
19     parties, and rallies made in connection with the nomination
20     for election, or election, or retention of any person to or
21     in public office, in connection with the election of any
22     person as ward or township committeeman in counties of
23     3,000,000 or more population, or in connection with any
24     question of public policy;
25         (3) a transfer of funds between political committees;
26     and

 

 

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1         (4) the services of an employee donated by an employer,
2     in which case the contribution shall be listed in the name
3     of the employer, except that any individual services
4     provided voluntarily and without promise or expectation of
5     compensation from any source shall not be deemed a
6     contribution; and but
7         (5) any expenditure made in cooperation, consultation,
8     or concert with the committee, but
9         (6) (5) does not include--
10              (a) the use of real or personal property and the
11         cost of invitations, food, and beverages, voluntarily
12         provided by an individual in rendering voluntary
13         personal services on the individual's residential
14         premises for candidate-related activities; provided
15         the value of the service provided does not exceed an
16         aggregate of $150 in a reporting period;
17             (b) (blank); the sale of any food or beverage by a
18         vendor for use in a candidate's campaign at a charge
19         less than the normal comparable charge, if such charge
20         for use in a candidate's campaign is at least equal to
21         the cost of such food or beverage to the vendor.
22             (c) communications on any subject by a corporation
23         to its stockholders and executive or administrative
24         personnel and their families, by a labor organization
25         to its members and their families, or by an association
26         to its members and their families;

 

 

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1             (d) voter registration and get-out-the-vote
2         campaigns that make no mention of any clearly
3         identified candidate, public question, or political
4         party, or group or combination thereof;
5             (e) the establishment, administration, and
6         solicitation of contributions to a separate segregated
7         fund to be used for political purposes by a
8         corporation, labor organization, or association; or
9             (f) a secured loan of money by a national or State
10         bank or credit union made in accordance with the
11         applicable banking laws and regulations and in the
12         ordinary course of business; however, the use,
13         ownership, or control of any security for such a loan,
14         if provided by a person other than the candidate or his
15         or her committee, qualifies as a contribution.
16     (B) Interest or other investment income, earnings or
17 proceeds, and refunds or returns of all or part of a
18 committee's previous expenditures, shall not be considered
19 contributions for the purposes of Section 9-8.5 but shall be
20 listed with contributions on disclosure reports required by
21 this Article.
22 (Source: P.A. 94-645, eff. 8-22-05.)
 
23     (10 ILCS 5/9-1.5)  (from Ch. 46, par. 9-1.5)
24     Sec. 9-1.5. Expenditure defined.
25     "Expenditure" means-

 

 

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1     (1) a payment, distribution, purchase, loan, advance,
2 deposit, or gift of money or anything of value, in connection
3 with the nomination for election, or election, or retention of
4 any person to or in public office, in connection with the
5 election of any person as ward or township committeeman in
6 counties of 3,000,000 or more population, or in connection with
7 any question of public policy. "Expenditure" also includes a
8 payment, distribution, purchase, loan, advance, deposit, or
9 gift of money or anything of value that constitutes an
10 electioneering communication regardless of whether the
11 communication is made in concert or cooperation with or at the
12 request, suggestion, or knowledge of a candidate, a candidate's
13 authorized local political committee, a State political
14 committee, a political committee in support of or opposition to
15 a question of public policy, or any of their agents. However,
16 expenditure does not include -
17         (a) the use of real or personal property and the cost
18     of invitations, food, and beverages, voluntarily provided
19     by an individual in rendering voluntary personal services
20     on the individual's residential premises for
21     candidate-related activities; provided the value of the
22     service provided does not exceed an aggregate of $150 in a
23     reporting period. ;
24         (b) the sale of any food or beverage by a vendor for
25     use in a candidate's campaign at a charge less than the
26     normal comparable charge, if such charge for use in a

 

 

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1     candidate's campaign is at least equal to the cost of such
2     food or beverage to the vendor.
3     (2) a transfer of funds between political committees.
4     (3) a payment for electioneering communications.
5 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
6 93-847, eff. 7-30-04.)
 
7     (10 ILCS 5/9-1.16 new)
8     Sec. 9-1.16. Independent expenditure. "Independent
9 expenditure" means an expenditure by a person:
10     (a) expressly advocating the election or defeat of a
11 clearly identified candidate; and
12     (b) that is not made in cooperation, consultation, or
13 concert with or at the request or suggestion or the candidate,
14 the candidate's authorized political committee or agents, or
15 agents thereof.
 
16     (10 ILCS 5/9-1.17 new)
17     Sec. 9-1.17. Clearly identified or identifiable. "Clearly
18 identified" or "clearly identifiable" means that:
19     (a) the name, voice, image, or likeness of a candidate
20 appears; or
21     (b) the identify of the candidate is apparent by
22 unambiguous reference.
 
23     (10 ILCS 5/9-1.18 new)

 

 

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1     Sec. 9-1.18. Regular election period. "Regular election
2 period" means any of:
3     (a) the period beginning on January 1 immediately following
4 the date of the general election for the office to which a
5 candidate seeks nomination or election and ending the day of
6 the General primary election for that office;
7     (b) the period beginning on the day after the general
8 primary election for the office to which the candidate seeks
9 nomination or election and ending on the December 31 after the
10 general election for that office;
11     (c) the period beginning on the date on which a sitting
12 judge declares for retention and ending 90 days after the
13 retention election.
 
14     (10 ILCS 5/9-1.19 new)
15     Sec. 9-1.19. Municipal election period. "Municipal
16 election period" means the period beginning on July 1
17 immediately following the date of the consolidated primary
18 election or consolidated election at which the office for which
19 the candidate seeks nomination or election is filled and ending
20 on June 30 immediately preceding the date of the next
21 consolidated primary election for that office, unless the
22 office is not filled at the consolidated primary election, in
23 which instance candidates who will seek office in the next
24 upcoming consolidated election may begin a new municipal
25 election period the day after the consolidated primary election

 

 

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1 and ending on the next June 30.
 
2     (10 ILCS 5/9-1.20 new)
3     Sec. 9-1.20. Labor organization. The term "labor
4 organization" means any organization of any kind or any agency
5 or employee representation committee or plan in which employees
6 participate and that exists for the purpose, in whole or in
7 part, of dealing with employers concerning grievances, labor
8 disputes, wages, rates of pay, hours of employment, or
9 conditions of work.
 
10     (10 ILCS 5/9-1.21 new)
11     Sec. 9-1.21. Corporation. The term "corporation" includes
12 a limited liability company, partnership, professional
13 practice, cooperative, or sole proprietorship, whether
14 organized on a for-profit or non-profit basis.
 
15     (10 ILCS 5/9-1.22 new)
16     Sec. 9-1.22. Association. The term "association" means any
17 group, club, meeting, collective, membership organization,
18 collection of persons, any entity organized under Section 501
19 or 527 of the Internal Revenue Code, or any other entity other
20 than a natural person, except that an association does not
21 include a political committee organized under this Article.
 
22     (10 ILCS 5/9-1.23 new)

 

 

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1     Sec. 9-1.23. Earmarked. The term "earmarked" means a
2 designation, instruction, or encumbrance, whether direct or
3 indirect, express or implied, oral or written, that results in
4 all or any part of a contribution or expenditure being made to,
5 or expended on behalf of, a clearly identified candidate a
6 candidate's designated committee, or a committee in support of
7 or opposition to a public question.
 
8     (10 ILCS 5/9-1.24 new)
9     Sec. 9-1.24. Conduit and intermediary. The terms "conduit"
10 and "intermediary" are interchangeable and mean any person who
11 receives a contribution earmarked by the contributor to be
12 forwarded or transmitted to another.
 
13     (10 ILCS 5/9-2.5 new)
14     Sec. 9-2.5. Single political committee.
15     (a) Except as provided by this Section, no public official
16 or candidate for public office may establish more than one
17 political committee for each office that public official or
18 candidate occupies or is seeking.
19     (b) A public official with one or more pre-existing
20 committees bound by the limits of any subsection of Section
21 9-8.5 considering a candidacy for any office covered by the
22 limits of any different subsection of Section 9-8.5 must form a
23 new committee, to be termed an exploratory committee. A
24 pre-existing committee created for the primary purpose of

 

 

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1 aiding that candidate's election to other offices that ceases
2 all fundraising after the creation of an exploratory committee
3 may transfer funds without limit to an exploratory committee.
4 Should the candidate decide against running for the new office,
5 fail to qualify for the ballot at the next election, or lose
6 the next election, any remaining funds held by the exploratory
7 committee shall be returned to contributors or donated to
8 charity, and the committee shall be closed, within 90 days.
9     (c) The public officials elected President of the Senate,
10 Minority Leader of the Senate, Speaker of the House of
11 Representatives, and Minority Leader of the House of
12 Representatives may each establish and operate one additional
13 political committee for the purpose of supporting the election
14 of candidates to the General Assembly. The committees provided
15 for in this subsection (c) shall not be considered established
16 by the President of the Senate, Minority Leader of the Senate,
17 Speaker of the House of Representatives, or Minority Leader of
18 the House of Representatives for purposes of Section 9-8.5.
 
19     (10 ILCS 5/9-2.7 new)
20     Sec. 9-2.7. Political committee designations.
21     (a) Candidate committees.
22         (1) Each candidate shall designate in writing one and
23     only one political committee to serve as the political
24     committee of the candidate. The designation shall be made
25     no later than 15 days after becoming a candidate or

 

 

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1     establishing the committee and shall be filed with the
2     State Board of Election. Any committee so designated may,
3     within 10 business days after notification of the
4     designation, reject the designation. If a committee
5     rejects a candidate designation, the committee must return
6     to donors any funds raised as a result of the designation,
7     and the candidate must create and designate a new committee
8     within 5 business days after the rejection.
9         (2) The name of the designated committee shall include
10     the name of the candidate who authorized the committee
11     under paragraph (1). No political committee that is not an
12     authorized candidate committee may include the full name of
13     that candidate in its name.
14     (b) Party committees.
15         (1) Any political organization or party may designate
16     in writing one and only one political committee to serve as
17     the political committee of the party for elections to State
18     or local office. The designation shall be made no later
19     than 15 days after the effective date of this amendatory
20     Act of the 96th General Assembly, or 15 days after
21     formation of the committee, and shall be filed with the
22     State Board of Election. The designation of a party
23     committee may be changed only upon the replacement of the
24     party chairman.
25         (2) The name of the designated committee shall include
26     the name of the party that authorized the committee under

 

 

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1     paragraph (1). No political committee that is not an
2     authorized party committee may include the full name of
3     that party in its name.
4     (c) Caucus committees.
5         (1) The public officials elected President of the
6     Senate, Minority Leader of the Senate, Speaker of the House
7     of Representatives, and Minority Leader of the House of
8     Representatives may each designate in writing one and only
9     one political committee to serve as the political committee
10     of his or her caucus. The designation shall be made no
11     later than 15 days after the start of the General Assembly,
12     and shall be filed with the State Board of Election. The
13     designation of a caucus committee may not be changed,
14     revoked, or altered until the start of the next General
15     Assembly unless the person elected to the office authorized
16     to designate the caucus committee also changes; the new
17     leader may designate a new committee within 15 days after
18     taking office. All contributions from all committees
19     designated the caucus committee for a particular caucus
20     made during a single election period shall be aggregated
21     for the purposes of Section 9-8.5.
22         (2) The name of the designated committee shall include
23     a clear and unambiguous reference to the caucus that
24     authorized the committee under paragraph (1). No political
25     committee that is not an authorized caucus committee may
26     include the name of that caucus in its name.

 

 

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1     (d) All designations, statements, and reports required to
2 be filed under this Section shall be filed with the Board. The
3 Board shall retain and make the designations, statements, and
4 reports received under this Section available for public
5 inspection and copying in the same manner as statements of
6 organization.
 
7     (10 ILCS 5/9-8.5 new)
8     Sec. 9-8.5. Limitation on contributions.
9     (a) It shall be unlawful for any person to make
10 contributions to a political committee except as provided in
11 this Section.
12     (b) For political committees designated by a candidate for
13 legislative office:
14         (1) Natural persons may contribute no more than $2,300
15     during any regular election period in which the candidate
16     who designated the committee is seeking nomination or
17     election.
18         (2) Political committees established by a State
19     political party may contribute not more than $30,000 during
20     the regular election period that includes the general
21     election in which the candidate who designated the
22     committee is seeking election; provided that all
23     committees established by a State political party, under
24     State or federal law, shall be considered as one committee
25     for the purpose of this Section.

 

 

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1         (3) Political committees established by a partisan
2     legislative caucus may contribute not more than $30,000
3     during any regular election period in which the candidate
4     who designated the committee is seeking nomination or
5     election.
6         (4) Any other political committee not designated or
7     controlled by the candidate may contribute no more than
8     $5,000 during a regular election period in which the
9     candidate who designated the committee is seeking
10     nomination or election.
11     (c) For political committees designated by a candidate for
12 a local office or for ward or township committeeman in counties
13 of 3,000,000 or more population:
14         (1) Natural persons may contribute no more than $2,300
15     during any regular election period in which the candidate
16     who designated the committee is seeking nomination or
17     election.
18         (2) The candidate may designate one and only one
19     political party whose political committees may contribute
20     not more than $10,000 during the regular election period
21     that includes the general election in which the candidate
22     who designated the committee is seeking election; provided
23     that all committees established by the political party,
24     under State or federal law, shall be considered as one
25     committee for the purpose of this Section.
26         (3) Any other political committee not designated or

 

 

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1     controlled by the candidate may contribute no more than
2     $5,000 during a regular election period in which the
3     candidate who designated the committee is seeking
4     nomination or election.
5         (4) Committees designated by one or more candidates for
6     any office required to file a statement of economic
7     interests with a county clerk may select to follow the
8     municipal election calendar. Committees that select to
9     follow the municipal election calendar must make that
10     decision at least 18 months prior to the next consolidated
11     primary election or within 30 days after creation. The
12     selection to follow the municipal election calendar is
13     irrevocable. For committees that select to follow the
14     municipal election calendar:
15             (A) Natural persons may contribute no more than
16         $2,300 during any Municipal election period in which
17         the candidate who designated the committee is seeking
18         nomination or election.
19             (B) The candidate may designate one and only one
20         political party whose political committees may
21         contribute not more than $10,000 during the regular
22         election period that includes the consolidated
23         election in which the candidate who designated the
24         committee is seeking election; provided that all
25         committees established by the political party, under
26         State or federal law, shall be considered as one

 

 

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1         committee for the purpose of this Section.
2             (C) Any other political committee not designated
3         or controlled by the candidate may contribute no more
4         than $5,000 during any municipal election period in
5         which the candidate who designated the committee is
6         seeking nomination or election.
7     (d) For political committees designated by a candidate for
8 State office, other than for legislative or statewide office:
9         (1) Natural persons may contribute no more than $2,300
10     during any regular election period in which the candidate
11     who designated the committee is seeking nomination,
12     election, or retention.
13         (2) The candidate may designate one and only one
14     political party whose political committees may contribute
15     not more than $10,000 during the regular election period
16     that includes the general election in which the candidate
17     who designated the committee is seeking election; provided
18     that all committees established by the political party,
19     under State or federal law, shall be considered as one
20     committee for the purpose of this Section.
21         (3) Any other political committee not designated or
22     controlled by the candidate may contribute no more than
23     $5,000 during a regular election period in which the
24     candidate who designated the committee is seeking
25     nomination, election, or retention.
26     (e) For political committees designated by a candidate for

 

 

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1 statewide office:
2         (1) Natural persons may contribute no more than $2,300
3     during any regular election period.
4         (2) The candidate may designate one and only one
5     political party whose political committees may contribute
6     not more than $125,000 during the regular election period
7     that includes the general election in which the candidate
8     who designated the committee is seeking election; provided
9     that all committees established by the political party,
10     under State or federal law, shall be considered as one
11     committee for the purpose of this Section.
12         (3) Any other political committee not designated or
13     controlled by the candidate may contribute no more than
14     $5,000 during a regular election period.
15     (f) For political committees designated by an established
16 political party:
17         (1) Natural persons may contribute no more than $2,300
18     during any regular election period during which any
19     candidate actively supported by the party is seeking
20     nomination or election.
21         (2) Any other political committee may contribute no
22     more than $5,000 during any regular election period during
23     which any candidate actively supported by the party is
24     seeking nomination or election.
25     (g) For political committees designated by a legislative
26 caucus:

 

 

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1         (1) Natural persons may contribute no more than $2,300
2     during any regular election period during which any
3     candidate actively supported by the caucus is seeking
4     nomination or election.
5         (2) Any other political committee may contribute no
6     more than $5,000 during any regular election period during
7     which any candidate actively supported by the caucus is
8     seeking nomination or election.
9     (h) For any other political committee, natural persons may
10 contribute no more than $2,300 during any period beginning on
11 January 1 of an odd-numbered year and ending on December 31 of
12 an even-numbered year. A corporation, labor organization,
13 association, or other political committee may contribute no
14 more than $5,000 during each election period. All contributions
15 from associated entities, including political committees for
16 which the corporation, labor organization, or association is
17 the sponsoring entity, shall be aggregated for the purposes of
18 this Section.
19     (i) Nothing in this Section shall prohibit political
20 committees from dividing the proceeds of joint fund raising
21 efforts; provided that no political committee may receive more
22 than the limit from any one donor and all donations shall be
23 listed as from their true origin.
24     (j) No natural person may contribute in aggregate more than
25 $80,000 to political committees during any period beginning on
26 January 1 of an odd-numbered year and ending on December 31 of

 

 

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1 an even-numbered year.
2     (k) On January 1 of every odd-numbered year, the State
3 Board of Elections shall adjust the limits established in
4 subsections (b), (c), (d), (f), (g), (h), and (j) for inflation
5 as determined by the Consumer Price Index for All Urban
6 Consumers as issued by the United States Department of Labor
7 and rounded to the nearest $100.
8     (l) In any instance where a corporation and any of its
9 subsidiaries, branches, divisions, departments, or local
10 units; a labor organization and any of its subsidiaries,
11 branches, divisions, departments, or local units; or an
12 association or any of its affiliates, subsidiaries, branches,
13 divisions, departments, or local units contribute to one or
14 more political committees or establish, maintain, or control
15 more than one separate segregated fund qualified as a political
16 committee, all of the related contributing entities shall be
17 treated as a single contributing entity for the purposes of the
18 limitations provided by this Section.
19     (m) Expenditures.
20         (1) Expenditures made by any person in cooperation,
21     consultation, or concert with a candidate, his or her
22     authorized committee, or their agents, shall be considered
23     a contribution to the candidate's designated political
24     committee for the purpose of this Section.
25         (2) The financing by any person of the dissemination,
26     distribution, or republication, in whole or in part, of any

 

 

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1     broadcast or any written, graphic, or other form of
2     campaign materials prepared by the candidate, his or her
3     political committee, or their authorized agents shall be
4     considered to be a contribution to the candidate's
5     designated political committee for the purposes of this
6     Section.
7     (n) For the purposes of the limitations designated by this
8 Section, all contributions made by a person, either directly or
9 indirectly, to a particular candidate, including contributions
10 that are in any way earmarked or otherwise directed through an
11 intermediary or conduit to a candidate's committee, shall be
12 treated as contributions from the person to the candidate's
13 committee. The intermediary or conduit shall report the
14 original source and the intended recipient of the contribution
15 to the Board and to the intended recipient within 10 days after
16 the person made the contribution, or upon transmittal to the
17 candidate, whichever is earlier. A conduit's or intermediary's
18 contribution limits are not affected by the forwarding of an
19 earmarked contribution except where the conduit or
20 intermediary exercises any direction or control over the choice
21 of the recipient. Any person who is prohibited from making
22 contributions or expenditures in connection with a candidate or
23 public question shall be prohibited from acting as a conduit
24 for contributions earmarked for that candidate or public
25 question, and any person who is prohibited from acting as a
26 conduit who receives an earmarked contribution shall return

 

 

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1 that contribution to the contributor without transmitting or
2 forwarding it to the committee of the candidate or public
3 question.
4     (o) No candidate or political committee shall knowingly
5 accept any contribution or make any expenditure in violation of
6 the provisions of this Section. No officer or employee of a
7 political committee shall knowingly accept a contribution made
8 for the benefit or use of a candidate or knowingly make any
9 expenditure on behalf of a candidate in violation of any
10 limitation designated for contributions and expenditures under
11 this Section.
12     (p) Multiple designations.
13         (1) No committee may accept donations larger than those
14     specified in this Section, regardless of the number of
15     candidates that may designate that committee under Section
16     9-2.7.
17         (2) Any committee designated by candidates who
18     individually qualify under different subsections of this
19     Section shall be bound by the lower limit.
20     (q) Complaints.
21         (1) The Board shall receive complaints alleging
22     violations of this Section. The Board may bring complaints
23     and investigations on its own initiative when the Board has
24     reason to believe that a violation of this Section has
25     occurred.
26         (2) Upon receipt of a complaint, the Board shall hold a

 

 

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1     closed preliminary hearing to determine whether or not the
2     complaint appears to have been filed on justifiable
3     grounds. Such closed preliminary hearing shall be
4     conducted as soon as practicable after affording
5     reasonable notice, a copy of the complaint, and an
6     opportunity to testify at such hearing to both the person
7     making the complaint and the person against whom the
8     complaint is directed. If the Board determines that the
9     complaint has not been filed on justifiable grounds, it
10     shall issue a written order to dismiss the complaint
11     without further hearing, specifying the defect in the
12     original complaint.
13         (3) The Board shall have the authority to promulgate
14     procedural rules governing the filing and hearing of
15     complaints under this Section that are not inconsistent
16     with this Section.
17         (4) In addition to any other penalties authorized by
18     this Article, the State Board of Elections, any political
19     committee, or any person may apply to the circuit court for
20     a temporary restraining order or a preliminary or permanent
21     injunction against a political committee or any other
22     entity to cease the expenditure of funds in violation of
23     this Section and to cease operations until the Board
24     determines that the committee or entity is in compliance
25     with this Section.
26     (r) Penalties.

 

 

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1         (1) Any person who violates this Section shall be fined
2     the greater of $10,000 or 3 times the value of the excess
3     contribution or expenditure.
4         (2) The State Board of Elections shall assess a penalty
5     of up to $5,000 for each violation against the recipient of
6     any contribution in violation of this Section if the
7     recipient knew that the donation was in violation of this
8     Section. For purposes of this Section, a recipient knew
9     that the donation was in violation of this Section if the
10     candidate, the committee chairman or treasurer, or any
11     natural person paid to perform regular campaign tasks knew
12     that the donation was in violation of this Section.
 
13     (10 ILCS 5/9-8.7 new)
14     Sec. 9-8.7. Soliciting of contributions by associations,
15 corporations, or labor organizations.
16     (a) It is unlawful for any person affiliated in any way
17 with a corporation knowingly soliciting an employee of that
18 corporation for a contribution to a political committee to fail
19 to inform the employee at the time of the solicitation of the
20 political purposes of the fund. It is unlawful for any person
21 affiliated in any way with a labor organization or association
22 knowingly soliciting an member of that labor organization or
23 association for a contribution to a political committee to fail
24 to inform the member at the time of the solicitation of the
25 political purposes of the fund.

 

 

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1     (b) It is unlawful for any person affiliated in any way
2 with a corporation knowingly soliciting an employee of that
3 corporation for a contribution to a political committee to fail
4 to inform the employee at the time of the solicitation of the
5 employee's right to refuse to contribute without any reprisal.
6 It is unlawful for any person affiliated in any way with a
7 labor organization or association knowingly soliciting any
8 member of the same labor organization or association for a
9 contribution to a political committee to fail to inform the
10 employee at the time of the solicitation of the employee's
11 right to refuse to contribute without any reprisal.
12     (c) Complaints.
13         (1) The Board shall receive complaints alleging
14     violations of this Section. The Board may bring complaints
15     and investigations on its own initiative when the Board has
16     reason to believe that a violation of this Section has
17     occurred.
18         (2) Upon receipt of a complaint, the Board shall hold a
19     closed preliminary hearing to determine whether or not the
20     complaint appears to have been filed on justifiable
21     grounds. Such closed preliminary hearing shall be
22     conducted as soon as practicable after affording
23     reasonable notice, a copy of the complaint, and an
24     opportunity to testify at such hearing to both the person
25     making the complaint and the person against whom the
26     complaint is directed. If the Board determines that the

 

 

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1     complaint has not been filed on justifiable grounds, it
2     shall issue a written order to dismiss the complaint
3     without further hearing, specifying the defect in the
4     original complaint.
5         (3) The Board shall have the authority to promulgate
6     procedural rules governing the filing and hearing of
7     complaints under this Section that are not inconsistent
8     with this Section.
9         (4) In addition to any other penalties authorized by
10     this Article, the State Board of Elections, any political
11     committee, or any person may apply to the circuit court for
12     a temporary restraining order or a preliminary or permanent
13     injunction against a political committee or any other
14     entity to cease the expenditure of funds in violation of
15     this Section and to cease operations until the Board
16     determines that the committee or entity is in compliance
17     with this Section.
18     (d) Penalties. Any person who violates this Section shall
19 be fined $200 for each person improperly solicited.
20 Contributions received from any donor within 6 months after an
21 improper solicitation of that donor must be returned to the
22 donor.
 
23     (10 ILCS 5/9-29 new)
24     Sec. 9-29. Audit.
25     (a) As part of the verification required of each report

 

 

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1 filed under Section 9-14, political committees organized under
2 this Article shall conduct audits of their finances and reports
3 when directed to do so by the State Board of Elections. An
4 audit shall be paid for by the committee and shall cover all
5 financial records required to be maintained by the committee at
6 the time the audit is ordered.
7     (b) The State Board of Elections shall order political
8 committees to conduct an audit under this Section as follows:
9         (1) Twice a year, within 30 days after the filing
10     deadline for semi-annual reports, the Board shall divide
11     committees into groups based on the sum total of reported
12     receipts. The groups shall include committees that have (A)
13     less than $3,000; (B) at least $3,000 but not more than
14     $10,000; (C) more than $10,000 but not more than $25,000;
15     (D) more than $25,000 but not more than $100,000; and (E)
16     more than $100,000 or have not filed reports by the 30th
17     day after the filing deadline. The Board shall, by a random
18     method of its choosing, select 1.0% of the committees in
19     Group (A), 2.0% of the committees in Group (B), 3.0% of the
20     committees in Group (C), 4.0% of the committees in Group
21     (D), and 5.0% of the committees in Group (E) and order that
22     they conduct audits.
23         (2) By affirmative vote of any 4 of the Board members.
24     Board members voting to order an audit shall publicly state
25     their reasons for so doing and may limit the audit to a
26     particular matter or time frame.

 

 

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1     (c) Audits shall conform to generally accepted accounting
2 principles.
3     (d) Committees ordered to conduct audits shall deliver a
4 certified copy of the audit to the Board within 45 calendar
5 days after the date of the Board meeting at which the audit was
6 ordered. The Board by affirmative vote of any 4 of its members
7 may grant one 45-day extension to complete the audit. Copies
8 shall be delivered in both written and electronic formats. The
9 Board shall post copies of all audits on its website.
10     (e) Failure to deliver a certified audit in a timely manner
11 is a business offense punishable by a fine of $250 per day that
12 the audit is late, up to a maximum of $5,000. In the event that
13 a committee dissolves before paying any part of a fine issued
14 under this Section, the chairman and the treasurer of the
15 committee shall be personally, jointly, and severably liable
16 for any outstanding balance.
 
17     Section 97. Severability. The provisions of this Act are
18 severable. If any provision of this Act is held invalid by a
19 court of competent jurisdiction, the invalidity does not affect
20 other provisions of the Act that can be given effect without
21 the invalid provision.