Full Text of SB0350 96th General Assembly
SB0350sam002 96TH GENERAL ASSEMBLY
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Sen. Christine Radogno
Filed: 5/27/2009
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| AMENDMENT TO SENATE BILL 350
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| AMENDMENT NO. ______. Amend Senate Bill 350 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing the | 5 |
| heading of Article 9 and Sections 9-1, 9-1.4, 9-1.5, 9-10, | 6 |
| 9-18, 9-21, 9-23, and 9-28 and by adding Sections 9-1.16, | 7 |
| 9-1.18, 9-1.19, 9-1.20, 9-1.21, 9-1.22, 9-1.23, 9-2.5, 9-2.7, | 8 |
| 9-8.5, 9-8.6, 9-8.7, 9-8.9, and 9-23.5 as follows: | 9 |
| (10 ILCS 5/Art. 9 heading) | 10 |
| ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
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| CONTRIBUTIONS AND EXPENDITURES
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| (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
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| Sec. 9-1. As used in this Article, unless the context | 14 |
| otherwise requires,
the terms defined in Sections 9-1.1 through | 15 |
| 9-1.23
9-1.13 , have the respective
meanings as defined in those |
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| Sections.
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| (Source: P.A. 86-873.)
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| (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
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| Sec. 9-1.4. "Contribution" means-
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| (1) a gift, subscription, donation, dues, loan, advance, or | 6 |
| deposit
of money or anything of value, knowingly received in | 7 |
| connection with the
nomination for election, or election, or | 8 |
| retention of any person to or in public office, in
connection | 9 |
| with the election of any person as ward or township | 10 |
| committeeman in
counties of 3,000,000 or more population, or
in | 11 |
| connection with any question of public policy;
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| (1.5) a gift, subscription, donation, dues, loan, advance, | 13 |
| deposit of money, or anything of value that constitutes an | 14 |
| electioneering communication regardless of whether the | 15 |
| communication is made in concert or cooperation with or at the | 16 |
| request, suggestion, or knowledge of a candidate, a candidate's | 17 |
| authorized local political committee, a State political | 18 |
| committee, a political committee in support of or opposition to | 19 |
| a question of public policy, or any of their agents;
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| (2) the purchase of tickets for fund-raising events, | 21 |
| including but
not limited to dinners, luncheons, cocktail | 22 |
| parties, and rallies made in
connection with the nomination for | 23 |
| election, or election, or retention of any person
to or in | 24 |
| public office, in connection with the election of any person as | 25 |
| ward or
township committeeman in counties of 3,000,000 or more |
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| population, or in
connection with any question of public | 2 |
| policy;
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| (3) a transfer of funds between political committees; and
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| (4) the services of an employee donated by an employer, in | 5 |
| which
case the contribution shall be listed in the name of the | 6 |
| employer,
except that any individual services provided | 7 |
| voluntarily and without
promise or expectation of compensation | 8 |
| from any source shall not be deemed
a contribution; but
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| (5) does not include--
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| (a) the use of real or personal property and the cost | 11 |
| of invitations,
food,
and beverages, voluntarily provided | 12 |
| by an individual in rendering voluntary
personal services | 13 |
| on the individual's residential premises for
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| candidate-related
activities; provided the value of the | 15 |
| service provided does not exceed an
aggregate of $150 in a | 16 |
| reporting period;
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| (b) the sale of any food or beverage by a vendor for | 18 |
| use in a candidate's
campaign at a charge less than the | 19 |
| normal comparable charge, if such charge
for use in a | 20 |
| candidate's campaign is at least equal to the cost of such
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| food or beverage to the vendor.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (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) 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
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| 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 -
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| (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;
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| (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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| candidate's
campaign is at least equal to the cost of such | 2 |
| food or beverage to the vendor.
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| (2) a transfer of funds between political committees.
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| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 5 |
| 93-847, eff. 7-30-04.)
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| (10 ILCS 5/9-1.16 new) | 7 |
| Sec. 9-1.16. Regular election period. | 8 |
| (a) "Regular election period" means, for purposes of (i) | 9 |
| contributions to political committees designated by | 10 |
| established political parties and candidates for nomination or | 11 |
| election to offices to be filled at a general election and (ii) | 12 |
| independent expenditures benefiting candidates for nomination | 13 |
| or election to offices to be filled at a general election, each | 14 |
| of the following: | 15 |
| (1) The period beginning on January 1 immediately | 16 |
| following the date of the most recent general election for | 17 |
| the office to which a candidate seeks nomination or | 18 |
| election and ending the day of the next general primary | 19 |
| election for that office. | 20 |
| (2) The period beginning on the day after the most | 21 |
| recent general primary election for the office to which the | 22 |
| candidate seeks nomination or election and ending on the | 23 |
| December 31 after the general election for that office. | 24 |
| (b) "Regular election period" means, for purposes of (i) | 25 |
| contributions to a political committee designated by an |
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| incumbent judge seeking retention in office and (ii) | 2 |
| independent expenditures benefiting incumbent judges seeking | 3 |
| retention in office, the period beginning on the date on which | 4 |
| an incumbent judge declares his or her intention to seek | 5 |
| retention in office and ending 90 days after the retention | 6 |
| election. | 7 |
| (c) "Regular election period" means, for purposes of (i) | 8 |
| contributions made to political committees designated by | 9 |
| candidates for nomination or election to offices to be filled | 10 |
| at a consolidated primary or consolidated election and (ii) | 11 |
| independent expenditures benefiting candidates for nomination | 12 |
| or election to offices to be filled at a consolidated primary | 13 |
| or consolidated election,
the period beginning on July 1 | 14 |
| immediately following the date of the most recent consolidated | 15 |
| primary election or consolidated election at which the office | 16 |
| for which the candidate seeks nomination or election was filled | 17 |
| and ending on June 30 immediately after the date of the next | 18 |
| consolidated primary election or consolidated election for | 19 |
| that office. | 20 |
| (10 ILCS 5/9-1.18 new) | 21 |
| Sec. 9-1.18. Labor organization. The term "labor | 22 |
| organization" means any organization of any kind or any agency | 23 |
| or employee representation committee or plan in which employees | 24 |
| participate and that exists for the purpose, in whole or in | 25 |
| part, of dealing with employers concerning grievances, labor |
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| disputes, wages, rates of pay, hours of employment, or | 2 |
| conditions of work, including any parent, subsidiary, | 3 |
| affiliate, branch, division, department or local unit thereof. | 4 |
| (10 ILCS 5/9-1.19 new) | 5 |
| Sec. 9-1.19. Corporation. The term "corporation" includes | 6 |
| a corporation, limited liability company, partnership, limited | 7 |
| partnership, limited liability partnership, professional | 8 |
| association, professional corporation, professional practice, | 9 |
| cooperative, sole proprietorship, or any other | 10 |
| legally-recognized business entity, whether organized on a | 11 |
| for-profit or non-profit basis, whether organized under the | 12 |
| laws of Illinois or of another state. The term "corporation" | 13 |
| shall not include a labor organization as defined in Section | 14 |
| 19-1.18. | 15 |
| (10 ILCS 5/9-1.20 new) | 16 |
| Sec. 9-1.20. Association. The term "association" means any | 17 |
| group, club, collective, membership organization, collection | 18 |
| of persons, entity organized under Section 501 or 527 of the | 19 |
| Internal Revenue Code, or other entity other than a natural | 20 |
| person; except that an association does not include a political | 21 |
| committee organized under this Article. | 22 |
| (10 ILCS 5/9-1.21 new)
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| Sec. 9-1.21. Affiliated person. "Affiliated person" means |
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| (i) any person with any ownership interest or distributive | 2 |
| share of an affiliated entity in excess of 7.5% and (ii) for | 3 |
| each affiliated entity, any "executive employee" as that term | 4 |
| is defined in Section 50-37 of the Illinois Procurement Code. | 5 |
| (10 ILCS 5/9-1.22 new)
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| Sec. 9-1.22. Affiliated entity. "Affiliated entity" means | 7 |
| (i) any parent or subsidiary or local of the entity, (ii) any | 8 |
| member of the same unitary business group, (iii) any | 9 |
| organization recognized by the United States Internal Revenue | 10 |
| Service as a tax-exempt organization described in Section | 11 |
| 501(c) of the Internal Revenue Code of 1986 (or any successor | 12 |
| provision of federal tax law) established by the entity, or | 13 |
| (iv) any political Committee for which any of the | 14 |
| aforementioned is the sponsoring entity. | 15 |
| (10 ILCS 5/9-1.23 new)
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| Sec. 9-1.23. Statewide office. For purposes of this Article | 17 |
| 9, "statewide office" means the offices of Governor, Lieutenant | 18 |
| Governor, Attorney General, Secretary of State, Comptroller, | 19 |
| and Treasurer. | 20 |
| (10 ILCS 5/9-2.5 new) | 21 |
| Sec. 9-2.5. Single political committee. | 22 |
| (a) Except as provided by this Section, no public official | 23 |
| or candidate for public office may establish more than one |
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| political committee for each office that public official or | 2 |
| candidate occupies or is seeking. | 3 |
| (b) A public official with one or more pre-existing | 4 |
| committees bound by the limits of any subsection of Section | 5 |
| 9-8.5 considering a candidacy for any office covered by the | 6 |
| limits of any different subsection of Section 9-8.5 must form a | 7 |
| new committee, to be termed an exploratory committee. A | 8 |
| pre-existing committee created for the primary purpose of | 9 |
| aiding that candidate's election to other offices that ceases | 10 |
| all fundraising after the creation of an exploratory committee | 11 |
| may transfer funds without limit to an exploratory committee. | 12 |
| If the candidate decides against running for the new office, | 13 |
| fails to qualify for the ballot at the next election, or loses | 14 |
| the next election, but remains in the office for which the | 15 |
| pre-existing committee was designated, the pre-existing | 16 |
| committee may be continued to be used as the designated | 17 |
| committee for that candidate. If the candidate decides against | 18 |
| running for the new office, fails to qualify for the ballot at | 19 |
| the next election, or loses the next election, then the | 20 |
| exploratory committee must return any remaining funds to | 21 |
| contributors, including returning funds to the candidate's | 22 |
| pre-existing designated committee in an amount not to exceed | 23 |
| the amount the pre-existing committee transferred to the | 24 |
| exploratory committee, or donate the funds to charity, and | 25 |
| close the exploratory committee within 90 days following the | 26 |
| candidate's decision not to run, failure to qualify, or loss. |
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| (c) As described in 5/9-2.7(c), the President of the | 2 |
| Senate, Minority Leader of the Senate, Speaker of the House of | 3 |
| Representatives, and Minority Leader of the House of | 4 |
| Representatives may each establish and operate one additional | 5 |
| political committee for the purpose of supporting the election | 6 |
| of candidates to the General Assembly. The committees provided | 7 |
| for in this subsection (c) shall not be considered established | 8 |
| by the President of the Senate, Minority Leader of the Senate, | 9 |
| Speaker of the House of Representatives, or Minority Leader of | 10 |
| the House of Representatives for purposes of Section 9-2.5.
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| (10 ILCS 5/9-2.7 new) | 12 |
| Sec. 9-2.7. Designated Political Committees. | 13 |
| (a) Candidate committees. | 14 |
| (1) Each candidate shall designate in writing one and | 15 |
| only one political committee to serve as the political | 16 |
| committee of the candidate. The candidate shall file this | 17 |
| designation with the State Board of Elections no later than | 18 |
| 15 business days after becoming a candidate or establishing | 19 |
| the committee. The designation shall become effective upon | 20 |
| filing with the State Board of Elections. Any committee so | 21 |
| designated may, within 10 business days after notification | 22 |
| of the designation, reject the designation. If a committee | 23 |
| rejects a candidate designation, the committee must return | 24 |
| to donors any funds raised as a result of the designation, | 25 |
| and the candidate must create and designate a new committee |
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| within 5 business days after the rejection. | 2 |
| (2) The name of the designated committee shall include | 3 |
| the name of the candidate who authorized the committee | 4 |
| under paragraph (1). No political committee that is not a | 5 |
| designated candidate committee may include the full name of | 6 |
| that candidate in its name. | 7 |
| (b) Party committees. | 8 |
| (1) Any political organization or party may designate | 9 |
| in writing one and only one political committee to support | 10 |
| candidates of a specific political party seeking elective | 11 |
| office within a specific jurisdiction. The designation | 12 |
| shall be made no later than 15 business days after the | 13 |
| effective date of this amendatory Act of the 96th General | 14 |
| Assembly, or 15 business days after formation of the | 15 |
| committee, and shall be filed with the State Board of | 16 |
| Election. The designation of a party committee may be | 17 |
| changed only upon the replacement of the party chairman. | 18 |
| (2) The name of the designated committee shall include | 19 |
| the name of the party that authorized the committee under | 20 |
| paragraph (1). No political committee that is not a | 21 |
| designated party committee may include the full name of | 22 |
| that party in its name. | 23 |
| (c) Caucus committees. | 24 |
| (1) The President of the Senate, Minority Leader of the | 25 |
| Senate, Speaker of the House of Representatives, and | 26 |
| Minority Leader of the House of Representatives may each |
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| designate in writing one and only one political committee | 2 |
| to serve as the political committee of his or her caucus. | 3 |
| The designation shall be made no later than 15 business | 4 |
| days after the start of the General Assembly, and shall be | 5 |
| filed with the State Board of Election. The designation of | 6 |
| a caucus committee may not be changed, revoked, or altered | 7 |
| until the start of the next General Assembly unless the | 8 |
| person elected to the office authorized to designate the | 9 |
| caucus committee also changes; the new leader may designate | 10 |
| a new committee within 15 business days after taking | 11 |
| office. | 12 |
| (2) The name of the designated committee shall include | 13 |
| a clear and unambiguous reference to the caucus that | 14 |
| authorized the committee under paragraph (1). No political | 15 |
| committee that is not a designated caucus committee may | 16 |
| include the name of that caucus in its name. | 17 |
| (d) All designations, statements, and reports required to | 18 |
| be filed under this Section shall be filed with the Board. The | 19 |
| Board shall retain and make the designations, statements, and | 20 |
| reports received under this Section available for public | 21 |
| inspection and copying on-line in the same manner as statements | 22 |
| of organization.
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| (10 ILCS 5/9-8.5 new) | 24 |
| Sec. 9-8.5. Limitation on contributions. | 25 |
| (a) It shall be unlawful for any person to make |
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| contributions to a political committee except as provided in | 2 |
| this Section. | 3 |
| (b) To political committees designated by a candidate for | 4 |
| the General Assembly: | 5 |
| (1) Natural persons may contribute no more than $2,400 | 6 |
| during any regular election period. | 7 |
| (2) Political committees established by a State | 8 |
| political party may contribute no more than $30,000 during | 9 |
| the regular election period. All committees established by | 10 |
| a State political party, under State or federal law, shall | 11 |
| be considered as one committee for the purpose of this | 12 |
| Section. | 13 |
| (3) Political committees established by a partisan | 14 |
| legislative caucus may contribute no more than $30,000 | 15 |
| during any regular election period. | 16 |
| (4) Any other political committee not designated by the | 17 |
| candidate may contribute no more than $5,000 during a | 18 |
| regular election period. | 19 |
| (5) A corporation, labor organization, or association | 20 |
| may contribute from its own treasuries no more than $5,000 | 21 |
| during a regular election period. All contributions from | 22 |
| affiliated persons and affiliated entities shall be | 23 |
| aggregated for the purposes of this Section.
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| (c) To political committees designated by a candidate for a | 25 |
| (i) local office or (ii) for ward or township committeeman in | 26 |
| counties of 3,000,000 or more population: |
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| (1) Natural persons may contribute no more than $2,400 | 2 |
| during any regular election period. | 3 |
| (2) The candidate may designate one and only one | 4 |
| political party whose political committees may contribute | 5 |
| no more than $10,000 during the regular election period. | 6 |
| All committees established by the political party, under | 7 |
| State or federal law, shall be considered as one committee | 8 |
| for the purpose of this Section. | 9 |
| (3) Any other political committee not designated by the | 10 |
| candidate may contribute no more than $5,000 during any | 11 |
| regular election period. | 12 |
| (3.5) A corporation, labor organization, or | 13 |
| association may contribute from its own treasuries no more | 14 |
| than $5,000 during any regular election period. All | 15 |
| contributions from affiliated persons and affiliated | 16 |
| entities shall be aggregated for the purposes of this | 17 |
| Section.
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| (d) To political committees designated by a candidate for | 19 |
| judicial office: | 20 |
| (1) Natural persons may contribute no more than $2,400 | 21 |
| during any regular election period. | 22 |
| (2) The candidate may designate one and only one | 23 |
| political party whose political committees may contribute | 24 |
| no more than $10,000 during the regular election period. | 25 |
| All committees established by the political party, under | 26 |
| State or federal law, shall be considered as one committee |
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| for the purpose of this Section. | 2 |
| (3) Any other political committee not designated by the | 3 |
| candidate may contribute no more than $5,000 during a | 4 |
| regular election period. | 5 |
| (4) A corporation, labor organization, or association | 6 |
| may contribute from its own treasuries no more than $5,000 | 7 |
| during a regular election period. All contributions from | 8 |
| affiliated persons and affiliated entities shall be | 9 |
| aggregated for the purposes of this Section.
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| (e) To political committees designated by a candidate for | 11 |
| statewide office: | 12 |
| (1) Natural persons may contribute no more than $2,400 | 13 |
| during any regular election period. | 14 |
| (2) The candidate may designate one and only one | 15 |
| political party whose political committees may contribute | 16 |
| no more than $50,000 during the regular election period. | 17 |
| All committees established by the political party, under | 18 |
| State or federal law, shall be considered as one committee | 19 |
| for the purpose of this Section. | 20 |
| (3) Any other political committee not designated by the | 21 |
| candidate may contribute no more than $5,000 during a | 22 |
| regular election period. | 23 |
| (4) A corporation, labor organization, or association | 24 |
| may contribute from its own treasuries no more than $5,000 | 25 |
| during a regular election period. All contributions from | 26 |
| affiliated persons and affiliated entities shall be |
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| aggregated for the purposes of this Section.
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| (f) To political committees designated by an established | 3 |
| political party: | 4 |
| (1) Natural persons may contribute no more than $2,400 | 5 |
| during any regular election period. | 6 |
| (2) Any other political committee may contribute no | 7 |
| more than $5,000 during any regular election period. | 8 |
| (3) A corporation, labor organization, or association | 9 |
| may contribute from its own treasuries no more than $5,000 | 10 |
| during a regular election period. All contributions from | 11 |
| affiliated persons and affiliated entities, shall be | 12 |
| aggregated for the purposes of this Section.
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| (g) To political committees designated by a legislative | 14 |
| caucus: | 15 |
| (1) Natural persons may contribute no more than $2,400 | 16 |
| during any regular election period during which any | 17 |
| candidate actively supported by the caucus is seeking | 18 |
| nomination or election. | 19 |
| (2) Any other political committee may contribute no | 20 |
| more than $5,000 during any regular election period during | 21 |
| which any candidate actively supported by the caucus is | 22 |
| seeking nomination or election. | 23 |
| (3) A corporation, labor organization, or association | 24 |
| may contribute from its own treasuries no more than $5,000 | 25 |
| during any regular election period. All contributions from | 26 |
| affiliated persons and affiliated entities shall be |
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| aggregated for the purposes of this Section.
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| (h) For any other political committee, natural persons may | 3 |
| contribute no more than $2,400 during any period beginning on | 4 |
| January 1 of an odd-numbered year and ending on December 31 of | 5 |
| an even-numbered year. A corporation, labor organization, | 6 |
| association, or other political committee may contribute no | 7 |
| more than $5,000 during a regular election period described in | 8 |
| subsection (a) of Section 9-1.16. All contributions from | 9 |
| affiliated persons and affiliated entities shall be aggregated | 10 |
| for the purposes of this Section. | 11 |
| (i) Political committees may divide the proceeds of joint | 12 |
| fundraising efforts but must disclose all donations as from | 13 |
| their true origin, and no political committee may receive more | 14 |
| then the aggregate limit from any one donor. | 15 |
| (j) On January 1 of every odd-numbered year, the State | 16 |
| Board of Elections shall adjust the limits established in this | 17 |
| Section for inflation as determined by the Consumer Price Index | 18 |
| for All Urban Consumers as issued by the United States | 19 |
| Department of Labor and rounded to the nearest $100. | 20 |
| (k) In any instance when a corporation and any of its | 21 |
| subsidiaries, branches, divisions, departments, or local | 22 |
| units; a labor organization and any of its subsidiaries, | 23 |
| branches, divisions, departments, or local units; or an | 24 |
| association or any of its affiliates, subsidiaries, branches, | 25 |
| divisions, departments, or local units contribute to one or | 26 |
| more political committees or establish, maintain, or control |
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| more than one separate segregated fund qualified as a political | 2 |
| committee, all of the related contributing entities
shall be | 3 |
| treated as a single contributing entity
for the purposes of the | 4 |
| limitations provided by this Section. | 5 |
| (l) Expenditures. | 6 |
| (1) Expenditures made by any person in cooperation, | 7 |
| consultation, or concert with a candidate, his or her | 8 |
| designated committee, State party committee, legislative | 9 |
| caucus committee or their agents, shall be considered a | 10 |
| contribution to the relevant candidate's designated | 11 |
| political committee, State party committee, or legislative | 12 |
| caucus committee for the purpose of this Section. | 13 |
| (2) The financing by any person of the dissemination, | 14 |
| distribution, or republication, in whole or in part, of any | 15 |
| broadcast or any written, graphic, or other form of | 16 |
| campaign materials prepared by the candidate, his or her | 17 |
| political committee, State party committee, legislative | 18 |
| caucus committee, or their authorized agents shall be | 19 |
| considered to be a contribution to the candidate's | 20 |
| designated political committee for the purposes of this | 21 |
| Section if the amount spent exceeds $150 in any regular | 22 |
| election period. | 23 |
| (m) No candidate or political committee shall knowingly | 24 |
| accept any contribution in violation of the provisions of this | 25 |
| Section. | 26 |
| (n) Multiple designations. |
|
|
|
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| (1) No committee may accept donations larger than those | 2 |
| specified in this Section, regardless of the number of | 3 |
| candidates that may designate that committee under Section | 4 |
| 9-2.7. | 5 |
| (2) Any committee designated by candidates who | 6 |
| individually qualify under different subsections of this | 7 |
| Section shall be bound by the lower limit. | 8 |
| (o) The Board shall bring complaints and investigations on | 9 |
| its own initiative when the Board has reason to believe that a | 10 |
| person, candidate, or political committee has knowingly | 11 |
| violated this Section. | 12 |
| In addition to any other penalties authorized by this | 13 |
| Article, the State Board of Elections, any political committee, | 14 |
| or any person may apply to the circuit court for a temporary | 15 |
| restraining order or a preliminary or permanent injunction | 16 |
| against a political committee or any other entity to cease the | 17 |
| expenditure of contributions made or accepted in violation of | 18 |
| this Section and to cease operations until the Board determines | 19 |
| that the committee or entity is in compliance with this | 20 |
| Section. | 21 |
| (p) Penalties. | 22 |
| (1) Any person, corporation, labor organization, | 23 |
| association, or political committee, that knowingly | 24 |
| violates this Section of contributing more than amounts | 25 |
| allowed under this Section 9-8.5, shall be fined the | 26 |
| greater of $5,000 or 3 times the value of the unlawful |
|
|
|
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| 1 |
| contribution. | 2 |
| (2) The State Board of Elections shall assess a penalty | 3 |
| of up to $5,000 for each violation against the recipient | 4 |
| political committee of any contribution in violation of | 5 |
| this Section if the recipient political committee knew that | 6 |
| the contribution was in violation of this Section. For | 7 |
| purposes of this Section, a recipient political committee | 8 |
| knew that the contribution was in violation of this Section | 9 |
| if the candidate, the committee chairman or treasurer, or | 10 |
| any natural person paid to perform regular campaign tasks | 11 |
| knew that the contribution was in violation of this | 12 |
| Section.
| 13 |
| (10 ILCS 5/9-8.6 new)
| 14 |
| Sec. 9-8.6. Disclosure of independent expenditures. | 15 |
| (a) As used in this Article: | 16 |
| "Benefiting public official or candidate" means the public | 17 |
| official or candidate whose nomination or election or whose | 18 |
| opponent's defeat is expressly advocated by the person making | 19 |
| the independent expenditure. | 20 |
| "Independent expenditure" means an expenditure (i) that is | 21 |
| made by a person expressly advocating the nomination, election, | 22 |
| or defeat of a clearly identifiable public official or | 23 |
| candidate and (ii) that is not made in connection, | 24 |
| consultation, or concert with or at the request or suggestion | 25 |
| of the public official or candidate, the public official's or |
|
|
|
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| 1 |
| candidate's designated political committee, or the agent or | 2 |
| agents of the public official, candidate, or political | 3 |
| committee. | 4 |
| (b) A person that makes an independent expenditure with | 5 |
| respect to a benefiting public official or candidate that, | 6 |
| alone or in combination with any other independent expenditure | 7 |
| made by that person with respect to that benefiting public | 8 |
| official or candidate during the same regular election period, | 9 |
| equals an aggregate value of at least $5,000 must file a | 10 |
| written disclosure with the benefiting public official or | 11 |
| candidate and the State Board of Elections within 5 business | 12 |
| days after making each expenditure that results in the person | 13 |
| meeting or exceeding the $5,000 threshold. Each disclosure must | 14 |
| identify the person, his or her occupation and employer, the | 15 |
| benefiting public official or candidate, and the date, amount, | 16 |
| recipient, and nature of each independent expenditure. | 17 |
| (c) Penalties. | 18 |
| (1) Any person, corporation, labor organization, | 19 |
| association, or political committee, that knowingly | 20 |
| violates this Section by contributing more than amounts | 21 |
| allowed under this Section 9-8.6, shall be fined the | 22 |
| greater of $5,000 or 3 times the value of the unlawful | 23 |
| contribution. | 24 |
| (2) The State Board of Elections shall assess a penalty | 25 |
| of up to $5,000 for each violation against the recipient | 26 |
| political committee of any contribution in violation of |
|
|
|
09600SB0350sam002 |
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| 1 |
| this Section if the recipient political committee knew that | 2 |
| the contribution was in violation of this Section. For | 3 |
| purposes of this Section, a recipient political committee | 4 |
| knew that the contribution was in violation of this Section | 5 |
| if the candidate, the committee chairman or treasurer, or | 6 |
| any natural person paid to perform regular campaign tasks | 7 |
| knew that the contribution was in violation of this | 8 |
| Section. | 9 |
| (10 ILCS 5/9-8.7 new)
| 10 |
| Sec. 9-8.7. Disclosure by contribution coordinator. | 11 |
| (a) As used in this Section: | 12 |
| "Contribution bundle" means one or more contributions (i) | 13 |
| made by at least one contributor other than the contribution | 14 |
| coordinator and (ii) with an aggregate value of at least | 15 |
| $16,000 during any regular election period (this amount to be | 16 |
| indexed for inflation). | 17 |
| "Contribution coordinator" means a person, other than a | 18 |
| political committee subject to the reporting requirements of | 19 |
| Section 9-10, or an employee of the political committee that: | 20 |
| (i) physically or electronically forwards contributions from | 21 |
| one or more other persons to a political committee; (ii) is | 22 |
| credited by a candidate, public official, or political | 23 |
| committee, through records, designations, or other means of | 24 |
| recognition, with raising contributions made by one or more | 25 |
| other persons to that candidate, public official, or political |
|
|
|
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| committee; or (iii) a candidate, public official, or political | 2 |
| committee knows, or reasonably should know, has raised | 3 |
| contributions made by one or more other persons to the | 4 |
| candidate, public official, or political committee. | 5 |
| "Contribution coordinator" shall not mean any common carrier, | 6 |
| bank, other regulated financial institution, money | 7 |
| transmitter, or other person that transmits the contribution in | 8 |
| physical or electronic form in the ordinary course of its | 9 |
| business of transporting or transferring money or other | 10 |
| property. | 11 |
| (b) Contribution coordinators must include a written
| 12 |
| disclosure identifying their name, occupation, and employer | 13 |
| with
each contribution they forward physically or | 14 |
| electronically to a
political committee. | 15 |
| (c) The political committee must disclose the name, | 16 |
| occupation, and employer of the individual contributor, the | 17 |
| date and amount of the individual contribution, and the | 18 |
| contribution coordinator's name, occupation, and employer for | 19 |
| every contribution bundle received during any regular election
| 20 |
| period. | 21 |
| (d) The political committee that receives a contribution | 22 |
| bundle must electronically file the disclosure under | 23 |
| subsection (c) with the State Board of Elections within 5 | 24 |
| business days after the candidate, public official, or | 25 |
| political committee receives the contribution that causes the | 26 |
| aggregate amount of contributions raised through the |
|
|
|
09600SB0350sam002 |
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|
| 1 |
| contribution coordinator's efforts to exceed $16,000 (as | 2 |
| indexed for inflation) and become a contribution bundle. | 3 |
| (e) For the purpose of the contribution limits established | 4 |
| by this Article, each contribution in a contribution bundle is | 5 |
| attributed to the person that made the contribution to the | 6 |
| contribution coordinator and is not attributed to the | 7 |
| contribution coordinator unless the contribution coordinator | 8 |
| personally made that contribution. | 9 |
| (f) A political committee that accepts a contribution in | 10 |
| violation of this Section shall return the contribution to the | 11 |
| contribution coordinator, or donate the contribution to a | 12 |
| charitable organization approved by the State Board of | 13 |
| elections, within 10 business days after receipt. A | 14 |
| contribution accepted in violation of this Section and not | 15 |
| disposed of as provided in this subsection shall escheat to the | 16 |
| General Revenue Fund. | 17 |
| (g) Penalties. | 18 |
| (1) Any person, corporation, labor organization, | 19 |
| association, or political committee, that knowingly | 20 |
| violates this Section by contributing more than amounts | 21 |
| allowed under this Section 9-8.7, shall be fined the | 22 |
| greater of $5,000 or 3 times the value of the unlawful | 23 |
| contribution. | 24 |
| (2) The State Board of Elections shall assess a penalty | 25 |
| of up to $5,000 for each violation against the recipient | 26 |
| political committee of any contribution in violation of |
|
|
|
09600SB0350sam002 |
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LRB096 06364 RCE 27565 a |
|
| 1 |
| this Section if the recipient political committee knew that | 2 |
| the contribution was in violation of this Section. For | 3 |
| purposes of this Section, a recipient political committee | 4 |
| knew that the contribution was in violation of this Section | 5 |
| if the candidate, the committee chairman or treasurer, or | 6 |
| any natural person paid to perform regular campaign tasks | 7 |
| knew that the contribution was in violation of this | 8 |
| Section. | 9 |
| (10 ILCS 5/9-8.9 new)
| 10 |
| Sec. 9-8.9. Certain contributions prohibited. | 11 |
| (a) For the purpose of this Section, "State employee" and | 12 |
| "executive branch constitutional officer" are defined as in the | 13 |
| State Officials and Employees Ethics Act. | 14 |
| (b) A State employee of the executive branch of State | 15 |
| government may not make a contribution to (i) the executive | 16 |
| branch constitutional officer with authority to appoint the | 17 |
| Executive Inspector General with jurisdiction over that State | 18 |
| employee, (ii) a candidate for that executive branch | 19 |
| constitutional office, or (iii) a political committee | 20 |
| established to promote the candidacy of a person described in | 21 |
| (i) or (ii). A State employee of the legislative branch of | 22 |
| State government may not make a contribution to a member of the | 23 |
| General Assembly, a General Assembly candidate, or the | 24 |
| designated political committees established to promote the | 25 |
| candidacy of a General Assembly member or General Assembly |
|
|
|
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| candidate, the designated State party committee, or the | 2 |
| designated legislative caucus committees. | 3 |
| (c) A person that engages in an activity (i) subject to | 4 |
| regulation by the Illinois Commerce Commission or the Division | 5 |
| of Insurance or Division of Financial Institutions of the | 6 |
| Department of Financial and Professional Regulation or (ii) | 7 |
| subject to the Illinois Horse Racing Act of 1975 or the | 8 |
| Riverboat Gambling Act, and that person's affiliated persons | 9 |
| and affiliated entities, may not make a contribution to an | 10 |
| executive branch constitutional officer, a General Assembly | 11 |
| member, a candidate for an executive branch constitutional | 12 |
| office or the General Assembly, or a designated political | 13 |
| committee established to promote the candidacy of that officer, | 14 |
| member, or candidate, the designated State party committee, or | 15 |
| the designated legislative caucus committees. | 16 |
| (d) A person required to register under the Lobbyist | 17 |
| Registration Act may not make a contribution to a public | 18 |
| official, candidate, political committee, or other person. | 19 |
| (e) A trust may not make a contribution to a public | 20 |
| official, candidate, political committee, or other person. | 21 |
| (f) A candidate, public official, or political committee | 22 |
| that accepts a contribution made in violation of this Section | 23 |
| shall return the contribution to the contributor, or donate the | 24 |
| contribution to a charitable organization approved by the State | 25 |
| Board of Elections, within 10 business days after receipt. A | 26 |
| contribution made in violation of this Section and not disposed |
|
|
|
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|
| 1 |
| of as provided in this subsection shall escheat to the State | 2 |
| treasury. | 3 |
| (g) Penalties. | 4 |
| (1) Any person, corporation, labor organization, | 5 |
| association, or political committee, that knowingly | 6 |
| violates this Section by contributing more than amounts | 7 |
| allowed under this Section 9-8.9, shall be fined the | 8 |
| greater of $5,000 or 3 times the value of the unlawful | 9 |
| contribution. | 10 |
| (2) The State Board of Elections shall assess a penalty | 11 |
| of up to $5,000 for each violation against the recipient | 12 |
| political committee of any contribution in violation of | 13 |
| this Section if the recipient political committee knew that | 14 |
| the contribution was in violation of this Section. For | 15 |
| purposes of this Section, a recipient political committee | 16 |
| knew that the contribution was in violation of this Section | 17 |
| if the candidate, the committee chairman or treasurer, or | 18 |
| any natural person paid to perform regular campaign tasks | 19 |
| knew that the contribution was in violation of this | 20 |
| Section. | 21 |
| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 22 |
| Sec. 9-10. Financial reports.
| 23 |
| (a) The treasurer of every state political committee and | 24 |
| the
treasurer of every local political committee shall file | 25 |
| with the
Board, and the treasurer of every local political |
|
|
|
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| 1 |
| committee shall file
with the county clerk, reports of campaign | 2 |
| contributions, and semi-annual
reports of campaign | 3 |
| contributions and expenditures on forms to be
prescribed or | 4 |
| approved by the Board. The treasurer of every political
| 5 |
| committee that acts as both a state political committee and a | 6 |
| local
political committee shall file a copy of each report with | 7 |
| the State Board
of Elections and the county clerk.
Entities | 8 |
| subject to Section 9-7.5 shall file reports required by
that | 9 |
| Section at times
provided in this Section and are subject to | 10 |
| the penalties provided in this
Section.
| 11 |
| (b) This subsection does not apply with respect to general | 12 |
| primary elections. Reports of campaign contributions shall be | 13 |
| filed no later than the
15th day next preceding each election | 14 |
| in
connection with which the political committee has accepted | 15 |
| or is
accepting contributions or has made or is making | 16 |
| expenditures. Such
reports shall be complete as of the 30th day | 17 |
| next preceding each election. The Board shall assess a civil | 18 |
| penalty not to
exceed $5,000 for a violation of this | 19 |
| subsection, except that for State
officers and candidates
and | 20 |
| political
committees formed for statewide office, the civil
| 21 |
| penalty may not exceed $10,000.
The fine, however, shall not | 22 |
| exceed $500 for a
first filing violation for filing less than | 23 |
| 10 days after the deadline.
There shall be no fine if the | 24 |
| report is mailed and postmarked at least 72 hours
prior to the | 25 |
| filing deadline.
For the purpose of this subsection and | 26 |
| subsection (b-5) , "statewide
office" and "State officer" means |
|
|
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| 1 |
| the Governor, Lieutenant Governor, Attorney
General,
Secretary | 2 |
| of State,
Comptroller, and Treasurer. However, a
continuing | 3 |
| political committee that does not make an expenditure or
| 4 |
| expenditures in an aggregate amount of more than $500 on behalf | 5 |
| of or in opposition to any (i) candidate or candidates, (ii) | 6 |
| public
question or questions, or (iii) candidate or candidates | 7 |
| and public question or questions on the ballot at an election | 8 |
| shall not be required to file the
reports prescribed in this | 9 |
| subsection (b) and subsection (b-5) but may file in lieu | 10 |
| thereof a Statement of
Nonparticipation in the Election with | 11 |
| the Board or the Board and the county
clerk ; except that if | 12 |
| the political committee, by the terms of its statement of | 13 |
| organization filed in accordance with this Article, is | 14 |
| organized to support or oppose a candidate or public question | 15 |
| on the ballot at the next election or primary, that committee | 16 |
| must file reports required by this subsection (b) and by | 17 |
| subsection (b-5).
| 18 |
| (b-5) Notwithstanding the provisions of subsection (b) and
| 19 |
| Section 1.25 of the Statute on Statutes, any contribution
of | 20 |
| more than $500 received (i) with respect to elections other | 21 |
| than the general primary election, in the interim between the | 22 |
| last date
of the period
covered by the last report filed under | 23 |
| subsection (b) prior to the election and
the date of the | 24 |
| election or (ii) with respect to general primary elections, in | 25 |
| the period beginning January 1 of the year of the general | 26 |
| primary election and prior to the date of the general primary |
|
|
|
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|
| 1 |
| election shall be filed electronically with and must actually | 2 |
| be received by
the State Board of Elections within 2 business | 3 |
| days after
receipt of such contribution. A report of any | 4 |
| contribution received at any other time in the amount of more | 5 |
| than $500, or more than $1,000 in the case of a State officer | 6 |
| or a candidate for statewide office or political committee | 7 |
| formed for a State officer or candidate for statewide office, | 8 |
| in the interim between the last date of the period covered by | 9 |
| the last report filed under subsections (b) and (c) shall be | 10 |
| filed electronically with and must actually be received by the | 11 |
| State Board of Elections within 5 business days after receipt | 12 |
| of the contribution. For the purpose of this subsection, | 13 |
| "statewide office" and "State officer" means the Governor, | 14 |
| Lieutenant Governor, Attorney General, Secretary of State, | 15 |
| Comptroller, and Treasurer. A continuing political committee | 16 |
| that does not support or oppose a candidate or public question | 17 |
| on the ballot at a general primary election and does not make | 18 |
| expenditures in excess of $500 on behalf of or in opposition to | 19 |
| any candidate or public question on the ballot at the general | 20 |
| primary election shall not be required to file the report | 21 |
| prescribed in this subsection unless the committee makes an | 22 |
| expenditure in excess of $500 on behalf of or in opposition to | 23 |
| any candidate or public question on the ballot at the general | 24 |
| primary election. The committee shall timely file the report | 25 |
| required under this subsection beginning with the date the | 26 |
| expenditure that triggered participation was made.
The State |
|
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|
| 1 |
| Board shall allow filings of reports of contributions of more | 2 |
| than
$500 under this subsection (b-5) by political committees | 3 |
| that are not
required to file electronically to be made by
| 4 |
| facsimile transmission.
For the purpose of this subsection, a | 5 |
| contribution is considered
received on the date the public | 6 |
| official, candidate, or political committee (or
equivalent | 7 |
| person
in the case of a
reporting entity other than a political | 8 |
| committee) actually receives it or, in
the case of goods or | 9 |
| services, 2 business days after the date the public
official,
| 10 |
| candidate, committee,
or other reporting entity receives the | 11 |
| certification required under subsection
(b) of Section 9-6.
| 12 |
| Failure to report
each contribution is a separate violation of | 13 |
| this subsection. In the final
disposition of any matter by the | 14 |
| Board on or after the effective date of this
amendatory Act of | 15 |
| the 93rd General Assembly, the Board
may
impose fines for | 16 |
| violations of this subsection not to exceed 100% of the
total
| 17 |
| amount of the contributions that were untimely reported, but in | 18 |
| no case when a
fine is imposed shall it be less
than 10% of the | 19 |
| total amount of the contributions that were untimely
reported.
| 20 |
| When considering the amount of the fine to be imposed, the | 21 |
| Board shall
consider, but is not limited to, the following | 22 |
| factors:
| 23 |
| (1) whether in the Board's opinion the violation was | 24 |
| committed
inadvertently,
negligently, knowingly, or | 25 |
| intentionally;
| 26 |
| (2) the number of days the contribution was reported |
|
|
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| 1 |
| late; and
| 2 |
| (3) past violations of Sections 9-3 and 9-10 of this | 3 |
| Article by the
committee.
| 4 |
| (c) In addition to such reports the treasurer of every | 5 |
| political
committee shall file semi-annual reports of campaign | 6 |
| contributions and
expenditures no later than July 20th, | 7 |
| covering the period from January 1st
through June 30th | 8 |
| immediately preceding, and no later than January 20th,
covering | 9 |
| the period from July 1st through December 31st of the preceding
| 10 |
| calendar year. Reports of contributions and expenditures must | 11 |
| be filed to
cover the prescribed time periods even though no | 12 |
| contributions or
expenditures may have been received or made | 13 |
| during the period.
The Board shall assess a civil penalty not | 14 |
| to exceed $5,000 for a violation
of this subsection, except | 15 |
| that for State officers and candidates
and political
committees | 16 |
| formed for statewide office, the civil
penalty may not exceed | 17 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 18 |
| filing violation for filing less than 10 business days after | 19 |
| the deadline.
There shall be no fine if the report is mailed | 20 |
| and postmarked at least 72 hours
prior to the filing deadline.
| 21 |
| For the purpose of this subsection, "statewide
office" and | 22 |
| "State officer"
means the Governor, Lieutenant Governor, | 23 |
| Attorney General, Secretary
of State,
Comptroller, and | 24 |
| Treasurer.
| 25 |
| (c-5) A political committee that acts as either (i) a State | 26 |
| and local
political committee or (ii) a local political |
|
|
|
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| 1 |
| committee and that files reports
electronically under Section | 2 |
| 9-28 is not required to file copies of the reports
with the | 3 |
| appropriate county clerk if the county clerk has a system that
| 4 |
| permits access to, and duplication of, reports that are filed | 5 |
| with the State
Board of Elections. A State and local political | 6 |
| committee or
a local political committee shall file with the | 7 |
| county clerk a copy of its
statement of organization pursuant | 8 |
| to Section 9-3.
| 9 |
| (d) A copy of each report or statement filed under this | 10 |
| Article
shall be
preserved by the person filing it for a period | 11 |
| of two years from the
date of filing.
Within 5 business days | 12 |
| after the Board imposes or waives fines under this Section, the | 13 |
| Board shall publish on its website a summary of fines | 14 |
| considered and imposed, identifying the person, candidate, or | 15 |
| political committee subject to the determination, the total | 16 |
| amount of contributions that were untimely reported, and the | 17 |
| amount of penalties assessed in each instance.
| 18 |
| (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | 19 |
| eff. 1-1-09.)
| 20 |
| (10 ILCS 5/9-18) (from Ch. 46, par. 9-18)
| 21 |
| Sec. 9-18.
The Board shall may hold investigations, | 22 |
| inquiries, and hearings concerning
any matter covered by this | 23 |
| Article in which the Board has reason to believe this Article | 24 |
| has been knowingly violated , subject to such rules and | 25 |
| regulations
as the Board may establish. In the process of |
|
|
|
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|
| 1 |
| holding such investigations,
inquiries, and hearings, the | 2 |
| Board may administer oaths and affirmations,
certify to all | 3 |
| official acts, issue subpoenas to be authorized by a vote
of 5 | 4 |
| members of the Board , compel the attendance and testimony of | 5 |
| witnesses,
and the production of papers, books, accounts, and | 6 |
| documents. Hearings conducted
by the Board shall be open to the | 7 |
| public.
| 8 |
| (Source: P.A. 81-1117.)
| 9 |
| (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
| 10 |
| Sec. 9-21.
Upon receipt of a such complaint as provided in | 11 |
| Section 9-20 , the Board shall hold a public closed
preliminary | 12 |
| hearing to determine whether or not the complaint appears to
| 13 |
| have been filed on justifiable grounds. Such closed preliminary | 14 |
| hearing
shall be conducted as soon as practicable after | 15 |
| affording reasonable
notice, a copy of the complaint, and an | 16 |
| opportunity to testify at such
hearing to both the person | 17 |
| making the complaint and the person against whom
the complaint | 18 |
| is directed. If the Board fails to determine
that the complaint | 19 |
| has been filed on justifiable grounds, it shall dismiss the
| 20 |
| complaint without further hearing.
| 21 |
| Whenever in the judgment of the Board in an open meeting | 22 |
| determines , after affording due notice and an
opportunity for a | 23 |
| public hearing, any person has engaged or is about to
engage in | 24 |
| an act or practice which constitutes or will constitute a
| 25 |
| violation of any provision of this Article or any regulation or |
|
|
|
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| order
issued thereunder, the Board shall issue an order | 2 |
| directing such person to
take such action as the Board | 3 |
| determines may be necessary in the public
interest to correct | 4 |
| the violation.
In addition, if the act or practice
engaged in | 5 |
| consists of the failure to file any required report within the
| 6 |
| time prescribed by this Article, the Board, as part of its | 7 |
| order, shall
further provide that if, within the 12-month | 8 |
| period following the issuance
of the order, such person fails | 9 |
| to file within the time prescribed by this
Article any | 10 |
| subsequent report as may be required, such person may be | 11 |
| subject
to a civil penalty pursuant to Section 9-23. The Board | 12 |
| shall render its final
judgment within 60 days of the date the | 13 |
| complaint is filed; except that
during the 60 days preceding | 14 |
| the date of the election in reference to which
the complaint is | 15 |
| filed, the Board shall render its final judgment within 7
days | 16 |
| of the date the complaint is filed, and during the 7 days | 17 |
| preceding
such election, the Board shall render such judgment | 18 |
| before the date of such
election, if possible.
| 19 |
| At any time prior to the issuance of the Board's final | 20 |
| judgment, the
parties may dispose of the complaint by a written | 21 |
| stipulation, agreed
settlement
or consent order. Any such | 22 |
| stipulation, settlement or order shall, however,
be submitted | 23 |
| in writing to the Board and shall become effective only if
| 24 |
| approved by the Board in an open meeting . If the act or | 25 |
| practice complained of consists of
the failure to file any | 26 |
| required report within the time prescribed by this
Article, |
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| such stipulation, settlement or order may provide that if, | 2 |
| within
the 12-month period following the approval of such | 3 |
| stipulation,
agreement or order, the person complained of fails | 4 |
| to file within the time
prescribed by this Article any | 5 |
| subsequent reports as shall may be required, such
person may be | 6 |
| subject to a civil penalty pursuant to Section 9-23.
| 7 |
| Any person filing a complaint pursuant to Section 9-20 may, | 8 |
| upon written
notice to the other parties and to the Board, | 9 |
| voluntarily withdraw the
complaint
at any time prior to the | 10 |
| issuance of the Board's final determination.
| 11 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 12 |
| (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
| 13 |
| Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
| 14 |
| has issued an order, or has approved a written stipulation, | 15 |
| agreed settlement
or consent order, directing a person | 16 |
| determined by the Board to be in
violation of any provision of | 17 |
| this Article or any regulation
adopted thereunder, to cease or | 18 |
| correct such violation or otherwise comply
with this Article | 19 |
| and such person fails or refuses to comply
with such order, | 20 |
| stipulation, settlement or consent order within the
time | 21 |
| specified by the Board, the Board in an open meeting , after | 22 |
| affording notice and an
opportunity for a public hearing, may | 23 |
| impose a civil penalty on such person
in an amount not to | 24 |
| exceed $5,000; except that for State officers and
candidates | 25 |
| and political
committees formed for statewide office, the civil
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| penalty may not exceed $10,000. For the purpose of this | 2 |
| Section, "statewide
office" and "State officer"
means the | 3 |
| Governor, Lieutenant Governor, Attorney General, Secretary
of | 4 |
| State,
Comptroller, and Treasurer.
| 5 |
| Civil penalties imposed on any such person by the Board | 6 |
| shall be enforceable
in the Circuit Court. The Board shall | 7 |
| petition the Court for an order to
enforce collection of the | 8 |
| penalty and, if the Court finds it has jurisdiction
over the | 9 |
| person against whom the penalty was imposed, the Court shall | 10 |
| issue
the appropriate order. Any civil penalties collected by | 11 |
| the Court shall
be forwarded to the State Treasurer.
| 12 |
| In addition to or in lieu of the imposition of a civil | 13 |
| penalty, the board
may report such violation and the failure or | 14 |
| refusal to comply with the
order of the Board to the Attorney | 15 |
| General and the appropriate State's
Attorney.
| 16 |
| (Source: P.A. 93-615, eff. 11-19-03.)
| 17 |
| (10 ILCS 5/9-23.5 new)
| 18 |
| Sec. 9-23.5. Public database of complaints. The State Board | 19 |
| of Elections shall establish and maintain on its official | 20 |
| website a searchable database, freely accessible to the public, | 21 |
| of each complaint filed with the Board under this Article and | 22 |
| the disposition of that complaint, including all board actions | 23 |
| and penalties imposed, if any. The Board must update the | 24 |
| database within 5 business days after a complaint is filed, an | 25 |
| action taken, or a penalty imposed to include that complaint, |
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| action, or penalty in the database.
| 2 |
| (10 ILCS 5/9-28)
| 3 |
| Sec. 9-28. Electronic filing and availability. The Board | 4 |
| shall
by rule
provide for the electronic filing of expenditure | 5 |
| and contribution
reports as follows:
| 6 |
| Beginning July 1, 1999, or as soon thereafter as the Board | 7 |
| has provided
adequate software to the political committee, | 8 |
| electronic filing is required for
all
political
committees that | 9 |
| during the
reporting period (i) had at any time a balance or an | 10 |
| accumulation of
contributions
of $25,000 or more, (ii) made | 11 |
| aggregate expenditures of $25,000 or more, or
(iii) received | 12 |
| loans of an aggregate of $25,000 or more.
| 13 |
| Beginning July 1, 2003, electronic filing is required for | 14 |
| all political
committees that during the reporting period (i)
| 15 |
| had at any time a balance or
an accumulation of contributions | 16 |
| of $10,000 or more, (ii) made aggregate
expenditures of $10,000 | 17 |
| or more, or (iii) received loans of an aggregate of
$10,000
or | 18 |
| more.
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| Notwithstanding any other provision of this Section, a | 20 |
| political committee filing a report under subsection (b-5) of | 21 |
| Section 9-10 must file that report electronically. | 22 |
| The Board may provide by rule for the optional
electronic | 23 |
| filing of
expenditure and contribution reports for all other | 24 |
| political committees.
The Board shall promptly
make all reports | 25 |
| filed under this Article by
all political committees publicly
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| available by means of a searchable database that is accessible | 2 |
| through
the World Wide Web.
| 3 |
| The Board shall provide all software necessary to comply | 4 |
| with this
Section to candidates, public officials, political | 5 |
| committees, and election
authorities.
| 6 |
| The Board shall implement a plan to provide computer access | 7 |
| and assistance
to candidates, public officials, political | 8 |
| committees, and election authorities
with respect to | 9 |
| electronic filings required under this Article.
| 10 |
| For the purposes of this Section, "political committees" | 11 |
| includes entities
required to report to the Board under Section | 12 |
| 9-7.5.
| 13 |
| (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)
| 14 |
| Section 10. The Illinois Procurement Code is amended by | 15 |
| changing Section 50-37 as follows: | 16 |
| (30 ILCS 500/50-37) | 17 |
| Sec. 50-37. Prohibition of political contributions. | 18 |
| (a) As used in this Section: | 19 |
| The terms "contract", "State contract", and "contract | 20 |
| with a State agency" each mean any contract, as defined in | 21 |
| this Code, between a business entity and a State agency let | 22 |
| or awarded pursuant to this Code . The terms "contract", | 23 |
| "State contract", and "contract with a State agency" do not | 24 |
| include cost reimbursement contracts; purchase of care |
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| agreements as defined in Section 1-15.68 of this Code; | 2 |
| contracts for projects eligible for full or partial | 3 |
| federal-aid funding reimbursements authorized by the | 4 |
| Federal Highway Administration; grants, including but are | 5 |
| not limited to grants for job training or transportation; | 6 |
| and grants, loans, or tax credit agreements for economic | 7 |
| development purposes. | 8 |
| "Contribution" means a contribution as defined in | 9 |
| Section 9-1.4 of the Election Code. | 10 |
| "Declared candidate" means a person who has filed a | 11 |
| statement of candidacy and petition for nomination or | 12 |
| election in the principal office of the State Board of | 13 |
| Elections. | 14 |
| "State agency" means and includes all boards, | 15 |
| commissions, agencies, institutions, authorities, and | 16 |
| bodies politic and corporate of the State, created by or in | 17 |
| accordance with the Illinois Constitution or State | 18 |
| statute, of the executive or legislative branch of State | 19 |
| government and does include colleges, universities,
public | 20 |
| employee retirement systems, and institutions under the | 21 |
| jurisdiction of the governing boards of the University of | 22 |
| Illinois, Southern Illinois University, Illinois State | 23 |
| University, Eastern Illinois University, Northern Illinois | 24 |
| University, Western Illinois University, Chicago State | 25 |
| University, Governors State University, Northeastern | 26 |
| Illinois University, and the Illinois Board of Higher |
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| Education. | 2 |
| "Officeholder" means the Governor, Lieutenant | 3 |
| Governor, Attorney General, Secretary of State, | 4 |
| Comptroller, or Treasurer or a member of the General | 5 |
| Assembly . The Governor shall be considered the | 6 |
| officeholder responsible for awarding all contracts by all | 7 |
| officers and employees of, and vendors and others doing | 8 |
| business with, executive branch State agencies under the | 9 |
| jurisdiction of the Executive Ethics Commission and not | 10 |
| within the jurisdiction of the Attorney General, the | 11 |
| Secretary of State, the Comptroller, or the Treasurer. | 12 |
| "Sponsoring entity" means a sponsoring entity as | 13 |
| defined in Section 9-3 of the Election Code. | 14 |
| "Affiliated person" means (i) any person with any | 15 |
| ownership
interest or distributive share of the bidding or | 16 |
| contracting business entity in excess of 7.5%, (ii) | 17 |
| executive employees of the bidding or contracting business | 18 |
| entity, and (iii) the spouse and minor children of any such | 19 |
| persons. | 20 |
| "Affiliated entity" means (i) any subsidiary of the | 21 |
| bidding or contracting business entity, (ii) any member of | 22 |
| the same unitary business group, (iii) any organization | 23 |
| recognized by the United States Internal Revenue Service as | 24 |
| a tax-exempt organization described in Section 501(c) of | 25 |
| the Internal Revenue Code of 1986 (or any successor | 26 |
| provision of federal tax law) established by the bidding or |
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| contracting business entity, any affiliated entity of that | 2 |
| business entity, or any affiliated person of that business | 3 |
| entity, or (iv) any political committee for which the | 4 |
| bidding or contracting business entity, or any 501(c) | 5 |
| organization described in item (iii) related to that | 6 |
| business entity, is the sponsoring entity. | 7 |
| "Business entity" means any entity doing business for | 8 |
| profit, whether organized as a corporation, partnership, | 9 |
| sole proprietorship, limited liability company or | 10 |
| partnership, or otherwise. | 11 |
| "Executive employee" means the President, Chairman, | 12 |
| Chief Executive Officer, or other employee with executive | 13 |
| decision-making authority over the long-term and | 14 |
| day-to-day affairs of the entity employing the employee, or | 15 |
| an employee whose compensation is determined directly, in | 16 |
| whole or in part, by the award or payment of contracts by a | 17 |
| State agency to the entity employing the employee. | 18 |
| (b) Any business entity whose contracts with State | 19 |
| agencies, in the aggregate, annually total more than $50,000, | 20 |
| and any affiliated entities or affiliated persons of such | 21 |
| business entity, are prohibited from making any contributions | 22 |
| to any political committees established to promote the | 23 |
| candidacy of (i) the officeholder responsible for awarding the | 24 |
| contracts , or (ii) any other declared candidate for that | 25 |
| office , (iii) any State or statewide officer or candidate for | 26 |
| that office, and (iv) any legislative member of the General |
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| Assembly . This prohibition shall be effective for the duration | 2 |
| of the term of office of the incumbent officeholder awarding | 3 |
| the contracts or for a period of 2 years following the | 4 |
| expiration or termination of the contracts, whichever is | 5 |
| longer. | 6 |
| (c) Any business entity whose aggregate pending bids and | 7 |
| proposals on State contracts total more than $50,000, or whose | 8 |
| aggregate pending bids and proposals on State contracts | 9 |
| combined with the business entity's aggregate annual total | 10 |
| value of State contracts exceed $50,000, and any affiliated | 11 |
| entities or affiliated persons of such business entity, are | 12 |
| prohibited from making any contributions to any political | 13 |
| committee
established to promote the candidacy of the | 14 |
| officeholder responsible for awarding the contract on which the | 15 |
| business entity has submitted a bid or proposal , any | 16 |
| constitutional officer, or any legislative member of the | 17 |
| General Assembly, during the period beginning on the date the | 18 |
| invitation for bids or request for proposals is issued and | 19 |
| ending on the day after the date the contract is awarded. | 20 |
| (d) All contracts between State agencies and a business | 21 |
| entity that violate subsection (b) or (c) shall be voidable | 22 |
| under Section 50-60. If a business entity violates subsection | 23 |
| (b) 3 or more times within a 36-month period, then all | 24 |
| contracts between State agencies and that business entity shall | 25 |
| be void, and that business entity shall not bid or respond to | 26 |
| any invitation to bid or request for proposals from any State |
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| agency or otherwise enter into any contract with any State | 2 |
| agency for 3 years from the date of the last violation. A | 3 |
| notice of each violation and the penalty imposed shall be | 4 |
| published in both the Procurement Bulletin and the Illinois | 5 |
| Register. | 6 |
| (e) Any political committee that has received a | 7 |
| contribution in violation of subsection (b) or (c) shall pay an | 8 |
| amount equal to the value of the contribution to the State no | 9 |
| more than 30 days after notice of the violation concerning the | 10 |
| contribution appears in the Illinois Register. Payments | 11 |
| received by the State
pursuant to this subsection shall be | 12 |
| deposited into the general revenue
fund.
| 13 |
| (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.) | 14 |
| Section 97. Severability. The provisions of this Act are | 15 |
| severable under Section 1.31 of the Statute on Statutes. | 16 |
| Section 99. Effective date. This Act takes effect on June | 17 |
| 15, 2009, but the State Board of Elections shall have 120 days | 18 |
| to implement new electronic reporting requirements and any | 19 |
| needed regulations.".
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