HB4565 95TH GENERAL ASSEMBLY

LRB095 16897 JAM 42940 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4565

Introduced 1/18/2008, by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-30

Amends the Election Code. Authorizes the State Board of Elections to seek judicial enforcement and injunctive relief against a political committee for unpaid civil penalties imposed by the Board with respect to campaign finance reporting violations. Prohibits certification of candidates whose committees have outstanding civil penalties, unless such a committee has a payment agreement with the State Board (now, prohibits the name of a candidate with unpaid penalties from appearing on the ballot).

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 Section 9-30 as follows:

(10 ILCS 5/9-30)

Sec. 9-30. Remedies. Ballot forfeiture.

(a) Civil penalties imposed by a final order of the Board under this Article shall be enforceable in the circuit court if the penalty is not paid within 30 days after entry of the Board's order. The Board shall petition the court for an order to enforce collection of the penalty and if the court finds that it has jurisdiction over the political committee, as defined in Sections 9-1.7 and 9-1.8 of this Article, against whom the penalty was imposed, the court shall issue the appropriate order.

(b) The Board may seek injunctive relief against a committee, as defined in Sections 9-1.7 and 9-1.8 of this Article, for failure or refusal to pay any civil penalty imposed pursuant to a final order of the Board for violation of this Article. If the court finds it has jurisdiction over the committee it may grant the relief it deems appropriate and proper, which may include an order restraining or enjoining the committee from accepting contributions, making expenditures, or transferring funds while any penalty remains unpaid. This subsection shall not apply to committees of candidates who may be subject to ballot forfeiture under subsection (c).

The Board may not proceed under this subsection until it has exhausted its remedy under subsection (a) and the penalty remains unpaid.

(c) No candidate for public office shall be certified by the Board or any election authority to appear on the ballot at any election if that candidate's political committee or committees have not paid the civil penalty or penalties imposed on the committee by a final order of the Board for violation of this Article. This subsection shall not apply to any political committee that has entered into a payment plan or similar agreement with the State Board of Elections. For purposes of this subsection, the term "political committee" shall not include (1) any State or local political party organization or (2) any organization, association, society, or group also required to file reports with the Secretary of State under the Lobbyist Registration Act.

The Board may not proceed under this subsection until it has exhausted its remedy under subsection (a) and the penalty remains unpaid.

(d) Any civil penalties collected pursuant to subsection (a), (b), or (c) shall be forwarded to the State Treasurer. The name of a person who has not paid a civil penalty imposed against him or her under this Article shall not appear upon any ballot for any office in any election while the penalty is unpaid.

(Source: P.A. 93-615, eff. 11-19-03.)