Full Text of SB2189 95th General Assembly
SB2189 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2189
Introduced 2/14/2008, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/9-10 |
from Ch. 46, par. 9-10 |
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Amends the Election Code. Authorizes the State Board of Elections, in the final disposition of any matter, to impose a fine for semi-annual campaign finance reporting violations in an amount from 10% to 100% of the total amount of untimely reported contributions and expenditures.
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A BILL FOR
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SB2189 |
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LRB095 15884 JAM 41893 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 9-10 as follows: | 6 |
| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
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| Sec. 9-10. Financial reports.
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| (a) The treasurer of every state political committee and | 9 |
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treasurer of every local political committee shall file | 10 |
| with the
Board, and the treasurer of every local political | 11 |
| committee shall file
with the county clerk, reports of campaign | 12 |
| contributions, and semi-annual
reports of campaign | 13 |
| contributions and expenditures on forms to be
prescribed or | 14 |
| approved by the Board. The treasurer of every political
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| committee that acts as both a state political committee and a | 16 |
| local
political committee shall file a copy of each report with | 17 |
| the State Board
of Elections and the county clerk.
Entities | 18 |
| subject to Section 9-7.5 shall file reports required by
that | 19 |
| Section at times
provided in this Section and are subject to | 20 |
| the penalties provided in this
Section.
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| (b) This subsection does not apply with respect to general | 22 |
| primary elections. Reports of campaign contributions shall be | 23 |
| filed no later than the
15th day next preceding each election |
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SB2189 |
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LRB095 15884 JAM 41893 b |
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| in
connection with which the political committee has accepted | 2 |
| or is
accepting contributions or has made or is making | 3 |
| expenditures. Such
reports shall be complete as of the 30th day | 4 |
| next preceding each election. The Board shall assess a civil | 5 |
| penalty not to
exceed $5,000 for a violation of this | 6 |
| subsection, except that for State
officers and candidates
and | 7 |
| political
committees formed for statewide office, the civil
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| penalty may not exceed $10,000.
The fine, however, shall not | 9 |
| exceed $500 for a
first filing violation for filing less than | 10 |
| 10 days after the deadline.
There shall be no fine if the | 11 |
| report is mailed and postmarked at least 72 hours
prior to the | 12 |
| filing deadline.
For the purpose of this subsection, "statewide
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| office" and "State officer" means the Governor, Lieutenant | 14 |
| Governor, Attorney
General,
Secretary of State,
Comptroller, | 15 |
| and Treasurer. However, a
continuing political committee that | 16 |
| does not make
expenditures in excess of $500 on behalf of or in | 17 |
| opposition to any candidate or public
question on the ballot at | 18 |
| an election shall not be required to file the
reports | 19 |
| prescribed in this subsection (b) and subsection (b-5) but may | 20 |
| file in lieu thereof a Statement of
Nonparticipation in the | 21 |
| Election with the Board or the Board and the county
clerk ; | 22 |
| except that if the political committee, by the terms of its | 23 |
| statement of organization filed in accordance with this | 24 |
| Article, is organized to support or oppose a candidate or | 25 |
| public question on the ballot at the next election or primary, | 26 |
| that committee must file reports required by this subsection |
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SB2189 |
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LRB095 15884 JAM 41893 b |
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| (b) and by subsection (b-5).
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| (b-5) Notwithstanding the provisions of subsection (b) and
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| Section 1.25 of the Statute on Statutes, any contribution
of | 4 |
| more than $500 received (i) with respect to elections other | 5 |
| than the general primary election, in the interim between the | 6 |
| last date
of the period
covered by the last report filed under | 7 |
| subsection (b) prior to the election and
the date of the | 8 |
| election or (ii) with respect to general primary elections, in | 9 |
| the period beginning January 1 of the year of the general | 10 |
| primary election and prior to the date of the general primary | 11 |
| election shall be filed with and must actually be received by
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| the State Board of Elections within 2 business days after
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| receipt of such contribution. A continuing political committee | 14 |
| that does not support or oppose a candidate or public question | 15 |
| on the ballot at a general primary election and does not make | 16 |
| expenditures in excess of $500 on behalf of or in opposition to | 17 |
| any candidate or public question on the ballot at the general | 18 |
| primary election shall not be required to file the report | 19 |
| prescribed in this subsection unless the committee makes an | 20 |
| expenditure in excess of $500 on behalf of or in opposition to | 21 |
| any candidate or public question on the ballot at the general | 22 |
| primary election. The committee shall timely file the report | 23 |
| required under this subsection beginning with the date the | 24 |
| expenditure that triggered participation was made.
The State | 25 |
| Board shall allow filings of reports of contributions of more | 26 |
| than
$500 under this subsection (b-5) by political committees |
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LRB095 15884 JAM 41893 b |
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| that are not
required to file electronically to be made by
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| facsimile transmission.
For the purpose of this subsection, a | 3 |
| contribution is considered
received on the date the public | 4 |
| official, candidate, or political committee (or
equivalent | 5 |
| person
in the case of a
reporting entity other than a political | 6 |
| committee) actually receives it or, in
the case of goods or | 7 |
| services, 2 business days after the date the public
official,
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| candidate, committee,
or other reporting entity receives the | 9 |
| certification required under subsection
(b) of Section 9-6.
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| Failure to report
each contribution is a separate violation of | 11 |
| this subsection. In the final
disposition of any matter by the | 12 |
| Board on or after the effective date of this
amendatory Act of | 13 |
| the 93rd General Assembly, the Board
may
impose fines for | 14 |
| violations of this subsection not to exceed 100% of the
total
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| amount of the contributions that were untimely reported, but in | 16 |
| no case when a
fine is imposed shall it be less
than 10% of the | 17 |
| total amount of the contributions that were untimely
reported.
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| When considering the amount of the fine to be imposed, the | 19 |
| Board shall
consider, but is not limited to, the following | 20 |
| factors:
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| (1) whether in the Board's opinion the violation was | 22 |
| committed
inadvertently,
negligently, knowingly, or | 23 |
| intentionally;
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| (2) the number of days the contribution was reported | 25 |
| late; and
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| (3) past violations of Sections 9-3 and 9-10 of this |
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LRB095 15884 JAM 41893 b |
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| Article by the
committee.
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| (c) In addition to such reports the treasurer of every | 3 |
| political
committee shall file semi-annual reports of campaign | 4 |
| contributions and
expenditures no later than July 20th, | 5 |
| covering the period from January 1st
through June 30th | 6 |
| immediately preceding, and no later than January 20th,
covering | 7 |
| the period from July 1st through December 31st of the preceding
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| calendar year. Reports of contributions and expenditures must | 9 |
| be filed to
cover the prescribed time periods even though no | 10 |
| contributions or
expenditures may have been received or made | 11 |
| during the period.
The Board shall assess a civil penalty not | 12 |
| to exceed $5,000 for a violation
of this subsection, except | 13 |
| that for State officers and candidates
and political
committees | 14 |
| formed for statewide office, the civil
penalty may not exceed | 15 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 16 |
| filing violation for filing less than 10 days after the | 17 |
| deadline.
There shall be no fine if the report is mailed and | 18 |
| postmarked at least 72 hours
prior to the filing deadline.
For | 19 |
| the purpose of this subsection, "statewide
office" and "State | 20 |
| officer"
means the Governor, Lieutenant Governor, Attorney | 21 |
| General, Secretary
of State,
Comptroller, and Treasurer.
In the | 22 |
| final disposition of any matter by the Board, the Board may | 23 |
| impose fines for violations of this subsection not greater than | 24 |
| 100%, but not less than 10%, of the total amount of the | 25 |
| contributions and expenditures that were untimely reported.
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| (c-5) A political committee that acts as either (i) a State |
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LRB095 15884 JAM 41893 b |
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| and local
political committee or (ii) a local political | 2 |
| committee and that files reports
electronically under Section | 3 |
| 9-28 is not required to file copies of the reports
with the | 4 |
| appropriate county clerk if the county clerk has a system that
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| permits access to, and duplication of, reports that are filed | 6 |
| with the State
Board of Elections. A State and local political | 7 |
| committee or
a local political committee shall file with the | 8 |
| county clerk a copy of its
statement of organization pursuant | 9 |
| to Section 9-3.
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| (d) A copy of each report or statement filed under this | 11 |
| Article
shall be
preserved by the person filing it for a period | 12 |
| of two years from the
date of filing.
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| (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07.)
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