Full Text of SB3260 103rd General Assembly
SB3260 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3260 Introduced 2/6/2024, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: | | | Amends the Election Code. Prohibits a political committee from making expenditures for payments to attorneys, expert witnesses, investigators, or others to provide a defense in a criminal case. |
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| | A BILL FOR |
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| 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 | 5 | | Section 9-8.10 as follows: | 6 | | (10 ILCS 5/9-8.10) | 7 | | Sec. 9-8.10. Use of political committee and other | 8 | | reporting organization funds. | 9 | | (a) A political committee shall not make expenditures: | 10 | | (1) In violation of any law of the United States or of | 11 | | this State. | 12 | | (2) Clearly in excess of the fair market value of the | 13 | | services, materials, facilities, or other things of value | 14 | | received in exchange. | 15 | | (3) For satisfaction or repayment of any debts other | 16 | | than loans made to the committee or to the public official | 17 | | or candidate on behalf of the committee or repayment of | 18 | | goods and services purchased by the committee under a | 19 | | credit agreement. Nothing in this Section authorizes the | 20 | | use of campaign funds to repay personal loans. The | 21 | | repayments shall be made by check written to the person | 22 | | who made the loan or credit agreement. The terms and | 23 | | conditions of any loan or credit agreement to a committee |
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| 1 | | shall be set forth in a written agreement, including but | 2 | | not limited to the method and amount of repayment, that | 3 | | shall be executed by the chair or treasurer of the | 4 | | committee at the time of the loan or credit agreement. The | 5 | | loan or agreement shall also set forth the rate of | 6 | | interest for the loan, if any, which may not substantially | 7 | | exceed the prevailing market interest rate at the time the | 8 | | agreement is executed. | 9 | | (4) For the satisfaction or repayment of any debts or | 10 | | for the payment of any expenses relating to a personal | 11 | | residence. Campaign funds may not be used as collateral | 12 | | for home mortgages. | 13 | | (5) For clothing or personal laundry expenses, except | 14 | | clothing items rented by the public official or candidate | 15 | | for his or her own use exclusively for a specific | 16 | | campaign-related event, provided that committees may | 17 | | purchase costumes, novelty items, or other accessories | 18 | | worn primarily to advertise the candidacy. | 19 | | (6) For the travel expenses of any person unless the | 20 | | travel is necessary for fulfillment of political, | 21 | | governmental, or public policy duties, activities, or | 22 | | purposes. | 23 | | (7) For membership or club dues charged by | 24 | | organizations, clubs, or facilities that are primarily | 25 | | engaged in providing health, exercise, or recreational | 26 | | services; provided, however, that funds received under |
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| 1 | | this Article may be used to rent the clubs or facilities | 2 | | for a specific campaign-related event. | 3 | | (8) In payment for anything of value or for | 4 | | reimbursement of any expenditure for which any person has | 5 | | been reimbursed by the State or any person. For purposes | 6 | | of this item (8), a per diem allowance is not a | 7 | | reimbursement. | 8 | | (9) For the lease or purchase of or installment | 9 | | payment for a motor vehicle unless the political committee | 10 | | can demonstrate the vehicle will be used primarily for | 11 | | campaign purposes or for the performance of governmental | 12 | | duties. Nothing in this paragraph prohibits a political | 13 | | committee from using political funds to make expenditures | 14 | | related to vehicles not purchased or leased by a political | 15 | | committee, provided the expenditure relates to the use of | 16 | | the vehicle for primarily campaign purposes or the | 17 | | performance of governmental duties. Persons using vehicles | 18 | | not purchased or leased by a political committee may be | 19 | | reimbursed for actual mileage for the use of the vehicle | 20 | | for campaign purposes or for the performance of | 21 | | governmental duties. The mileage reimbursements shall be | 22 | | made at a rate not to exceed the standard mileage rate | 23 | | method for computation of business expenses under the | 24 | | Internal Revenue Code. | 25 | | (10) Directly for an individual's tuition or other | 26 | | educational expenses, except for governmental or political |
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| 1 | | purposes directly related to a candidate's or public | 2 | | official's duties and responsibilities. | 3 | | (11) For payments to a public official or candidate or | 4 | | his or her family member unless for compensation for | 5 | | services actually rendered by that person. The provisions | 6 | | of this item (11) do not apply to expenditures by a | 7 | | political committee for expenses related to providing | 8 | | childcare for a minor child or care for a dependent family | 9 | | member if the care is reasonably necessary for the public | 10 | | official or candidate to fulfill political or governmental | 11 | | duties. The provisions of this item (11) do not apply to | 12 | | expenditures by a political committee in an aggregate | 13 | | amount not exceeding the amount of funds reported to and | 14 | | certified by the State Board or county clerk as available | 15 | | as of June 30, 1998, in the semi-annual report of | 16 | | contributions and expenditures filed by the political | 17 | | committee for the period concluding June 30, 1998. | 18 | | (12) For payments to attorneys, expert witnesses, | 19 | | investigators, or others to provide a defense in a | 20 | | criminal case. | 21 | | (b) The Board shall have the authority to investigate, | 22 | | upon receipt of a verified complaint, violations of the | 23 | | provisions of this Section. The Board may levy a fine on any | 24 | | person who knowingly makes expenditures in violation of this | 25 | | Section and on any person who knowingly makes a malicious and | 26 | | false accusation of a violation of this Section. The Board may |
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| 1 | | act under this subsection only upon the affirmative vote of at | 2 | | least 5 of its members. The fine shall not exceed $500 for each | 3 | | expenditure of $500 or less and shall not exceed the amount of | 4 | | the expenditure plus $500 for each expenditure greater than | 5 | | $500. The Board shall also have the authority to render | 6 | | rulings and issue opinions relating to compliance with this | 7 | | Section. | 8 | | (c) Nothing in this Section prohibits the expenditure of | 9 | | funds of a political committee controlled by an officeholder | 10 | | or by a candidate to defray the customary and reasonable | 11 | | expenses of an officeholder in connection with the performance | 12 | | of governmental and public service functions. | 13 | | (d) Nothing in this Section prohibits the funds of a | 14 | | political committee which is controlled by a person convicted | 15 | | of a violation of any of the offenses listed in subsection (a) | 16 | | of Section 10 of the Public Corruption Profit Forfeiture Act | 17 | | from being forfeited to the State under Section 15 of the | 18 | | Public Corruption Profit Forfeiture Act. | 19 | | (Source: P.A. 102-15, eff. 6-17-21.) |
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