Full Text of HB0007 096th General Assembly
HB0007enr 96TH GENERAL ASSEMBLY
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HB0007 Enrolled |
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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 | 5 |
| Sections 7-8, 9-1.4, 9-1.5, 9-1.6, 9-1.7, 9-1.8, 9-1.14, 9-3, | 6 |
| 9-4, 9-7.5, 9-10, 9-13, 9-14, 9-21, 9-23, 9-28, and 9-30 and by | 7 |
| adding Sections 9-8.5, 9-8.6, 9-23.5, 9-28.5, and 9-40 as | 8 |
| follows:
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| (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
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| Sec. 7-8. The State central committee shall be composed of | 11 |
| one or two
members from each congressional district in the | 12 |
| State and shall be elected as
follows:
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| State Central Committee
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| (a) Within 30 days after the effective date of this | 15 |
| amendatory Act of
1983 the State central committee of each | 16 |
| political party shall certify to
the State Board of Elections | 17 |
| which of the following alternatives it wishes
to apply to the | 18 |
| State central committee of that party.
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| Alternative A. At the primary in
1970 and at the general | 20 |
| primary election held every 4 years thereafter, each primary
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| elector may vote for one candidate of his party for member of | 22 |
| the State
central committee for the congressional district in | 23 |
| which he resides.
The candidate receiving the highest number of |
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| votes shall be declared
elected State central committeeman from | 2 |
| the district. A political party
may, in lieu of the foregoing, | 3 |
| by a majority vote of delegates at any State
convention of such | 4 |
| party, determine to thereafter elect the State central
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| committeemen in the manner following:
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| At the county convention held by such political party State | 7 |
| central
committeemen shall be elected in the same manner as | 8 |
| provided in this
Article for the election of officers of the | 9 |
| county central committee, and
such election shall follow the | 10 |
| election of officers of the county central
committee. Each | 11 |
| elected ward, township or precinct committeeman shall cast
as | 12 |
| his vote one vote for each ballot voted in his ward, township, | 13 |
| part of a
township or precinct in the last preceding primary | 14 |
| election of his
political party. In the case of a county lying | 15 |
| partially within one
congressional district and partially | 16 |
| within another congressional district,
each ward, township or | 17 |
| precinct committeeman shall vote only with respect
to the | 18 |
| congressional district in which his ward, township, part of a
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| township or precinct is located. In the case of a congressional | 20 |
| district
which encompasses more than one county, each ward, | 21 |
| township or precinct
committeeman residing within the | 22 |
| congressional district shall cast as his
vote one vote for each | 23 |
| ballot voted in his ward, township, part of a
township or | 24 |
| precinct in the last preceding primary election of his
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| political party for one candidate of his party for member of | 26 |
| the State
central committee for the congressional district in |
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| which he resides and
the Chairman of the county central | 2 |
| committee shall report the results of
the election to the State | 3 |
| Board of Elections. The State Board of Elections
shall certify | 4 |
| the candidate receiving the highest number of votes elected
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| State central committeeman for that congressional district.
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| The State central committee shall adopt rules to provide | 7 |
| for and govern
the procedures to be followed in the election of | 8 |
| members of the State central
committee.
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| After the
effective date of this amendatory Act of the 91st | 10 |
| General
Assembly, whenever a vacancy occurs in the office of | 11 |
| Chairman of a State
central committee, or at the end of the | 12 |
| term of office of Chairman, the State
central committee of each | 13 |
| political party that has selected Alternative A shall
elect a | 14 |
| Chairman who shall not be required to be a member of the State | 15 |
| Central
Committee. The Chairman shall be a
registered voter in | 16 |
| this State and of the same political party as the State
central | 17 |
| committee.
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| Alternative B. Each congressional committee shall, within | 19 |
| 30 days after
the adoption of this alternative, appoint a | 20 |
| person of the sex opposite that
of the incumbent member for | 21 |
| that congressional district to serve as an
additional member of | 22 |
| the State central committee until his or her successor
is | 23 |
| elected at the general primary election in 1986. Each | 24 |
| congressional
committee shall make this appointment by voting | 25 |
| on the basis set forth in
paragraph (e) of this Section. In | 26 |
| each congressional district at the
general primary election |
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| held in 1986 and every 4 years thereafter, the
male candidate | 2 |
| receiving the highest number of votes of the party's male
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| candidates for State central committeeman, and the female | 4 |
| candidate
receiving the highest number of votes of the party's | 5 |
| female candidates for
State central committeewoman, shall be | 6 |
| declared elected State central
committeeman and State central | 7 |
| committeewoman from the district. At the
general primary | 8 |
| election held in 1986 and every 4 years thereafter, if all a
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| party's candidates for State central committeemen or State | 10 |
| central
committeewomen from a congressional district are of the | 11 |
| same sex, the candidate
receiving the highest number of votes | 12 |
| shall be declared elected a State central
committeeman or State | 13 |
| central committeewoman from the district, and, because of
a | 14 |
| failure to elect one male and one female to the committee, a | 15 |
| vacancy shall be
declared to exist in the office of the second | 16 |
| member of the State central
committee from the district. This | 17 |
| vacancy shall be filled by appointment by
the congressional | 18 |
| committee of the political party, and the person appointed to
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| fill the vacancy shall be a resident of the congressional | 20 |
| district and of the
sex opposite that of the committeeman or | 21 |
| committeewoman elected at the general
primary election. Each | 22 |
| congressional committee shall make this appointment by
voting | 23 |
| on the basis set forth in paragraph (e) of this Section.
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| The Chairman of a State central committee composed as | 25 |
| provided in this
Alternative B must be selected from the | 26 |
| committee's members.
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| Except as provided for in Alternative A with respect to the | 2 |
| selection of
the Chairman of the State central committee, under | 3 |
| both of the foregoing
alternatives, the
State
central
committee | 4 |
| of each political party shall be composed of members elected
or | 5 |
| appointed from the several congressional districts of the | 6 |
| State,
and of no other person or persons whomsoever. The | 7 |
| members of the State
central committee shall, within 41 days | 8 |
| after each quadrennial election of
the full committee, meet in | 9 |
| the city of Springfield and organize
by electing a chairman, | 10 |
| and may at such time
elect such officers from among their own | 11 |
| number (or otherwise), as they
may deem necessary or expedient. | 12 |
| The outgoing chairman of the State
central committee of the | 13 |
| party shall, 10 days before the meeting, notify
each member of | 14 |
| the State central committee elected at the primary of the
time | 15 |
| and place of such meeting. In the organization and proceedings | 16 |
| of
the State central committee, each State central committeeman | 17 |
| and State
central committeewoman shall have one vote for each | 18 |
| ballot voted in his or her
congressional district by the | 19 |
| primary electors of his or her party at the
primary election | 20 |
| immediately preceding the meeting of the State central
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| committee. Whenever a vacancy occurs in the State central | 22 |
| committee of any
political party, the vacancy shall be filled | 23 |
| by appointment of
the chairmen of the county central committees | 24 |
| of the
political party
of the counties located within the | 25 |
| congressional district in which the vacancy
occurs and,
if | 26 |
| applicable, the ward and township committeemen of the
political
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| party in counties of 2,000,000 or more inhabitants located | 2 |
| within the
congressional
district. If the congressional | 3 |
| district in which the vacancy occurs lies
wholly within a
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| county of 2,000,000 or more inhabitants, the ward and township | 5 |
| committeemen
of the political party in that congressional | 6 |
| district shall vote to fill the
vacancy. In voting to fill the | 7 |
| vacancy, each chairman of a county central
committee and
each | 8 |
| ward and township committeeman in counties of 2,000,000
or
more | 9 |
| inhabitants shall have one vote for each ballot voted in each | 10 |
| precinct of
the congressional district in which the vacancy | 11 |
| exists of
his or her
county, township, or ward cast by the | 12 |
| primary electors of his or her party
at the
primary election | 13 |
| immediately preceding the meeting to fill the vacancy in the
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| State
central committee. The person appointed to fill the | 15 |
| vacancy shall be a
resident of the
congressional district in | 16 |
| which the vacancy occurs, shall be a qualified voter,
and, in a | 17 |
| committee composed as provided in Alternative B, shall be of | 18 |
| the
same
sex as his or her
predecessor. A political party may, | 19 |
| by a majority vote of the
delegates of any State convention of | 20 |
| such party, determine to return
to the election of State | 21 |
| central committeeman and State central
committeewoman by the | 22 |
| vote of primary electors.
Any action taken by a political party | 23 |
| at a State convention in accordance
with this Section shall be | 24 |
| reported to the State Board of Elections by the
chairman and | 25 |
| secretary of such convention within 10 days after such action.
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| Ward, Township and Precinct Committeemen
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| (b) At the primary in 1972 and
at the general primary | 2 |
| election every 4 years thereafter, each primary elector in | 3 |
| cities having a
population of 200,000 or over may vote for one | 4 |
| candidate of his party in
his ward for ward committeeman. Each | 5 |
| candidate for ward committeeman
must be a resident of and in | 6 |
| the ward where he seeks to be elected ward
committeeman. The | 7 |
| one having the highest number of votes shall be such
ward | 8 |
| committeeman of such party for such ward. At the primary | 9 |
| election
in 1970 and at the general primary election every 4 | 10 |
| years thereafter,
each primary elector in counties containing a | 11 |
| population of 2,000,000 or
more, outside of cities containing a | 12 |
| population of 200,000 or more, may
vote for one candidate of | 13 |
| his party for township committeeman. Each
candidate for | 14 |
| township committeeman must be a resident of and in the
township | 15 |
| or part of a township (which lies outside of a city having a
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| population of 200,000 or more, in counties containing a | 17 |
| population of
2,000,000 or more), and in which township or part | 18 |
| of a township he seeks
to be elected township committeeman. The | 19 |
| one having the highest number
of votes shall be such township | 20 |
| committeeman of such party for such
township or part of a | 21 |
| township. At the primary
in 1970 and at the general primary | 22 |
| election every 2 years thereafter, each primary elector,
except | 23 |
| in counties having a population of 2,000,000 or over, may vote
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| for one candidate of his party in his precinct for precinct
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| committeeman. Each candidate for precinct committeeman must be | 26 |
| a bona
fide resident of the precinct where he seeks to be |
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| elected precinct
committeeman. The one having the highest | 2 |
| number of votes shall be such
precinct committeeman of such | 3 |
| party for such precinct. The official
returns of the primary | 4 |
| shall show the name of the committeeman of each
political | 5 |
| party.
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| Terms of Committeemen. All precinct committeemen elected | 7 |
| under the
provisions of this Article shall continue as such | 8 |
| committeemen until the
date of the primary to be held in the | 9 |
| second year after their election.
Except as otherwise provided | 10 |
| in this Section for certain State central
committeemen who have | 11 |
| 2 year terms, all State central committeemen, township
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| committeemen and ward committeemen shall continue as such | 13 |
| committeemen
until the date of primary to be held in the fourth | 14 |
| year after their
election. However, a vacancy exists in the | 15 |
| office of precinct committeeman
when a precinct committeeman | 16 |
| ceases to reside in the precinct in which he
was elected and | 17 |
| such precinct committeeman shall thereafter neither have
nor | 18 |
| exercise any rights, powers or duties as committeeman in that | 19 |
| precinct,
even if a successor has not been elected or | 20 |
| appointed.
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| (c) The Multi-Township Central Committee shall consist of | 22 |
| the precinct
committeemen of such party, in the multi-township | 23 |
| assessing district formed
pursuant to Section 2-10 of the | 24 |
| Property Tax Code and shall be organized for the purposes set | 25 |
| forth in Section
45-25 of the Township Code. In the | 26 |
| organization and proceedings of the
Multi-Township Central |
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| Committee each precinct committeeman shall have one vote
for | 2 |
| each ballot voted in his precinct by the primary electors of | 3 |
| his party at
the primary at which he was elected.
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| County Central Committee
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| (d) The county central committee of each political party in | 6 |
| each
county shall consist of the various township committeemen, | 7 |
| precinct
committeemen and ward committeemen, if any, of such | 8 |
| party in the county.
In the organization and proceedings of the | 9 |
| county central committee,
each precinct committeeman shall | 10 |
| have one vote for each ballot voted in
his precinct by the | 11 |
| primary electors of his party at the primary at
which he was | 12 |
| elected; each township committeeman shall have one vote for
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| each ballot voted in his township or part of a township as the | 14 |
| case may
be by the primary electors of his party at the primary | 15 |
| election
for the nomination of candidates for election to the | 16 |
| General Assembly
immediately preceding the meeting of the | 17 |
| county central committee; and
in the organization and | 18 |
| proceedings of the county central committee,
each ward | 19 |
| committeeman shall have one vote for each ballot voted in his
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| ward by the primary electors of his party at the primary | 21 |
| election
for the nomination of candidates for election to the | 22 |
| General Assembly
immediately preceding the meeting of the | 23 |
| county central committee.
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| Cook County Board of Review Election District Committee
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| (d-1) Each board of review election district committee of | 26 |
| each political
party in Cook County shall consist of the
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| various township committeemen and ward committeemen, if any, of | 2 |
| that party in
the portions of the county composing the board of | 3 |
| review election district. In
the organization and proceedings | 4 |
| of each of the 3 election
district committees, each township | 5 |
| committeeman shall have one vote for each
ballot voted in his | 6 |
| or her township or part of a township, as the case may be,
by
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| the primary electors of his or her party at the primary | 8 |
| election immediately
preceding the meeting of the board of | 9 |
| review election district committee; and
in the organization and | 10 |
| proceedings of each of the 3 election district
committees, each | 11 |
| ward committeeman shall have one vote for each
ballot voted in
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| his or her ward or part of that ward, as the case may be, by the | 13 |
| primary
electors of his or her party at the primary election | 14 |
| immediately preceding the
meeting of the board of review | 15 |
| election district committee.
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| Congressional Committee
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| (e) The congressional committee of each party in each | 18 |
| congressional
district shall be composed of the chairmen of the | 19 |
| county central
committees of the counties composing the | 20 |
| congressional district, except
that in congressional districts | 21 |
| wholly within the territorial limits of
one county, the | 22 |
| precinct
committeemen, township committeemen and ward | 23 |
| committeemen, if any, of
the party representing the precincts | 24 |
| within the limits of the
congressional district, shall compose | 25 |
| the congressional committee. A
State central committeeman in | 26 |
| each district shall be a member and the
chairman or, when a |
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| district has 2 State central committeemen, a co-chairman
of the | 2 |
| congressional committee, but shall not have the right to
vote | 3 |
| except in case of a tie.
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| In the organization and proceedings of congressional | 5 |
| committees
composed of precinct committeemen or township | 6 |
| committeemen or ward
committeemen, or any combination thereof, | 7 |
| each precinct committeeman
shall have one vote for each ballot | 8 |
| voted in his precinct by the primary
electors of his party at | 9 |
| the primary at which he was elected, each
township committeeman | 10 |
| shall have one vote for each ballot voted in his
township or | 11 |
| part of a township as the case may be by the primary
electors | 12 |
| of his party at the primary election immediately preceding the
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| meeting of the congressional committee, and each ward | 14 |
| committeeman shall
have one vote for each ballot voted in each | 15 |
| precinct of his ward located
in such congressional district by | 16 |
| the primary electors of his party at
the primary election | 17 |
| immediately preceding the meeting of the
congressional | 18 |
| committee; and in the organization and proceedings of
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| congressional committees composed of the chairmen of the county | 20 |
| central
committees of the counties within such district, each | 21 |
| chairman of such
county central committee shall have one vote | 22 |
| for each ballot voted in
his county by the primary electors of | 23 |
| his party at the primary election
immediately preceding the | 24 |
| meeting of the congressional committee.
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| Judicial District Committee
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| (f) The judicial district committee of each political party |
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| in each
judicial district shall be composed of the chairman of | 2 |
| the county
central committees of the counties composing the | 3 |
| judicial district.
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| In the organization and proceedings of judicial district | 5 |
| committees
composed of the chairmen of the county central | 6 |
| committees of the
counties within such district, each chairman | 7 |
| of such county central
committee shall have one vote for each | 8 |
| ballot voted in his county by the
primary electors of his party | 9 |
| at the primary election immediately
preceding the meeting of | 10 |
| the judicial district committee.
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| Circuit Court Committee
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| (g) The circuit court committee of each political party in | 13 |
| each
judicial circuit outside Cook County shall be composed of | 14 |
| the chairmen
of the county central committees of the counties | 15 |
| composing the judicial
circuit.
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| In the organization and proceedings of circuit court | 17 |
| committees, each
chairman of a county central committee shall | 18 |
| have one vote for each
ballot voted in his county by the | 19 |
| primary electors of his party at the
primary election | 20 |
| immediately preceding the meeting of the circuit court
| 21 |
| committee.
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| Judicial Subcircuit Committee
| 23 |
| (g-1) The judicial subcircuit committee of each political | 24 |
| party in
each judicial subcircuit in a judicial circuit divided | 25 |
| into subcircuits
shall be composed of (i) the ward and township | 26 |
| committeemen
of the townships and wards composing the judicial |
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| subcircuit in Cook County and
(ii) the precinct committeemen of | 2 |
| the precincts
composing the judicial subcircuit in any county | 3 |
| other than Cook County.
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| In the organization and proceedings of each judicial | 5 |
| subcircuit committee,
each township committeeman shall have | 6 |
| one vote for each ballot voted in his
township or part of a | 7 |
| township, as the case may be, in the judicial
subcircuit by the | 8 |
| primary electors of his party at the primary election
| 9 |
| immediately preceding the meeting of the judicial subcircuit | 10 |
| committee;
each precinct committeeman shall have one vote for | 11 |
| each ballot voted in his
precinct or part of a precinct, as the | 12 |
| case may be, in the judicial subcircuit
by the primary electors | 13 |
| of his party at the primary election immediately
preceding the | 14 |
| meeting of the judicial subcircuit committee;
and
each ward | 15 |
| committeeman shall have one vote for each ballot voted in his
| 16 |
| ward or part of a ward, as the case may be, in the judicial | 17 |
| subcircuit by
the primary electors of his party at the primary | 18 |
| election immediately
preceding the meeting of the judicial | 19 |
| subcircuit committee.
| 20 |
| Municipal Central Committee
| 21 |
| (h) The municipal central committee of each political party | 22 |
| shall be
composed of the precinct, township or ward | 23 |
| committeemen, as the case may
be, of such party representing | 24 |
| the precincts or wards, embraced in such
city, incorporated | 25 |
| town or village. The voting strength of each
precinct, township | 26 |
| or ward committeeman on the municipal central
committee shall |
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| be the same as his voting strength on the county central
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| committee.
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| For political parties, other than a statewide political | 4 |
| party,
established only within a municipality or
township, the | 5 |
| municipal or township managing committee shall be composed
of | 6 |
| the party officers of the local established party. The party | 7 |
| officers
of a local established party shall be as follows: the | 8 |
| chairman and
secretary of the caucus for those municipalities | 9 |
| and townships authorized
by statute to nominate candidates by | 10 |
| caucus shall serve as party officers
for the purpose of filling | 11 |
| vacancies in nomination under Section
7-61; for municipalities | 12 |
| and townships authorized by statute or ordinance
to nominate | 13 |
| candidates by petition and primary election, the party officers
| 14 |
| shall be the party's candidates who are nominated at the | 15 |
| primary. If no party
primary was held because of the provisions | 16 |
| of Section 7-5, vacancies in
nomination shall be filled by the | 17 |
| party's remaining candidates who shall
serve as the party's | 18 |
| officers.
| 19 |
| Powers
| 20 |
| (i) Each committee and its officers shall have the powers | 21 |
| usually
exercised by such committees and by the officers | 22 |
| thereof, not
inconsistent with the provisions of this Article. | 23 |
| The several committees
herein provided for shall not have power | 24 |
| to delegate any of their
powers, or functions to any other | 25 |
| person, officer or committee, but this
shall not be construed | 26 |
| to prevent a committee from appointing from its
own membership |
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| proper and necessary subcommittees.
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| (j) The State central committee of a political party which | 3 |
| elects it
members by Alternative B under paragraph (a) of this | 4 |
| Section shall adopt a
plan to give effect to the delegate | 5 |
| selection rules of the national political
party and file a copy | 6 |
| of such plan with the State Board of Elections when
approved by | 7 |
| a national political party.
| 8 |
| (k) For the purpose of the designation of a proxy by a | 9 |
| Congressional
Committee to vote in place of an
absent State | 10 |
| central committeeman or committeewoman at meetings of the
State | 11 |
| central committee of a political party which elects its members | 12 |
| by
Alternative B under paragraph (a) of this Section, the proxy | 13 |
| shall be
appointed by the vote of the ward and township | 14 |
| committeemen, if any, of the
wards and townships which lie | 15 |
| entirely or partially within the
Congressional District from | 16 |
| which the absent State central committeeman or
committeewoman | 17 |
| was elected and the vote of the chairmen of the county
central | 18 |
| committees of those counties which lie entirely or partially | 19 |
| within
that Congressional District and in which there are no | 20 |
| ward or township
committeemen. When voting for such proxy the | 21 |
| county chairman, ward
committeeman or township committeeman, | 22 |
| as the case may be shall have one
vote for each ballot voted in | 23 |
| his county, ward or township, or portion
thereof within the | 24 |
| Congressional District, by the primary electors of his
party at | 25 |
| the primary at which he was elected. However, the absent State
| 26 |
| central committeeman or committeewoman may designate a proxy |
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| when permitted
by the rules of a political party which elects | 2 |
| its members by Alternative B
under paragraph (a) of this | 3 |
| Section.
| 4 |
| Notwithstanding any law to the contrary, a person is | 5 |
| ineligible to hold the position of committeeperson in any | 6 |
| committee established pursuant to this Section if he or she is | 7 |
| statutorily ineligible to vote in a general election because of | 8 |
| conviction of a felony. When a committeeperson is convicted of | 9 |
| a felony, the position occupied by that committeeperson shall | 10 |
| automatically become vacant.
| 11 |
| (l) A State central committee organized under Alternative B | 12 |
| of this Section shall not make any contributions, expenditures, | 13 |
| or electioneering communications on behalf of a candidate for | 14 |
| nomination for any office in that party's primary election. The | 15 |
| State central committee also shall not endorse candidates for | 16 |
| nomination in its party's primary election. The terms | 17 |
| "contribution", "expenditure", and "electioneering | 18 |
| communication" shall have the meanings defined in Article 9 of | 19 |
| this Code. | 20 |
| (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-699, | 21 |
| eff. 11-9-07.)
| 22 |
| (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
| 23 |
| Sec. 9-1.4. Contribution.
| 24 |
| (A) "Contribution" means-
| 25 |
| (1) a gift, subscription, donation, dues, loan, |
|
|
|
HB0007 Enrolled |
- 17 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| advance, or deposit
of money or anything of value, | 2 |
| knowingly received in
connection with the
nomination for | 3 |
| election, or election, or retention of any person to or in | 4 |
| public office, in
connection with the election of any | 5 |
| person as ward or township committeeman in
counties of | 6 |
| 3,000,000 or more population, or
in
connection with any | 7 |
| question of public policy , or by a constituent services | 8 |
| committee as provided in Section 9-8.5 ;
| 9 |
| (1.5) a gift, subscription, donation, dues, loan, | 10 |
| advance, deposit of money, or anything of value that | 11 |
| constitutes an electioneering communication regardless of | 12 |
| whether the communication is made in concert or cooperation | 13 |
| with or at the request, suggestion, or knowledge of a | 14 |
| candidate, a candidate's authorized local political | 15 |
| committee, a State political committee, a political | 16 |
| committee in support of or opposition to a question of | 17 |
| public policy, or any of their agents;
| 18 |
| (2) the purchase of tickets for fund-raising events, | 19 |
| including but
not limited to dinners, luncheons, cocktail | 20 |
| parties, and rallies made in
connection with the nomination | 21 |
| for election, or election, or retention of any person
to or | 22 |
| in public office, in
connection with the election of any | 23 |
| person as ward or
township committeeman in counties of | 24 |
| 3,000,000 or more population, or in
connection with any | 25 |
| question of public policy , or for a constituent services | 26 |
| committee as provided in Section 9-8.5 ;
|
|
|
|
HB0007 Enrolled |
- 18 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| (3) a transfer of funds between political committees; | 2 |
| and
| 3 |
| (4) the services of an employee donated by an employer, | 4 |
| in which
case the contribution shall be listed in the name | 5 |
| of the employer,
except that any individual services | 6 |
| provided voluntarily and without
promise or expectation of | 7 |
| compensation from any source shall not be deemed
a | 8 |
| contribution; and | 9 |
| (5) any expenditure made in cooperation, consultation, | 10 |
| or concert with the committee, other than with a | 11 |
| multi-candidate committee.
but
| 12 |
| (B) "Contribution"
(5) does not include--
| 13 |
|
(a) the use of real or personal property and the | 14 |
| cost of invitations,
food,
and beverages, voluntarily | 15 |
| provided by an individual in rendering voluntary
| 16 |
| personal services on the individual's residential | 17 |
| premises for
candidate-related
activities; provided | 18 |
| the value of the service provided does not exceed an
| 19 |
| aggregate of $150 in a reporting period;
| 20 |
| (b)
the sale of any food or beverage by a vendor | 21 |
| for use in a candidate's
campaign at a charge less than | 22 |
| the normal comparable charge, if such charge
for use in | 23 |
| a candidate's campaign is at least equal to the cost of | 24 |
| such
food or beverage to the vendor ; .
| 25 |
| (c) communications on any subject by a corporation | 26 |
| to its stockholders and executive or administrative |
|
|
|
HB0007 Enrolled |
- 19 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| personnel and their families, by a labor organization | 2 |
| to its members and executive or administrative | 3 |
| personnel and their families, or by an association to | 4 |
| its members and executive or administrative personnel | 5 |
| and their families; | 6 |
| (d) voter registration and get-out-the-vote | 7 |
| campaigns that make no mention of any clearly | 8 |
| identified candidate, public question, or political | 9 |
| party, or group or combination thereof; | 10 |
| (e) an expenditure by a multi-candidate committee | 11 |
| organized pursuant to Section 9-8.5(c) that benefits a | 12 |
| candidate or candidates identified in the | 13 |
| multi-candidate committee's statement of organization; | 14 |
| (f) a secured loan of money by a national or State | 15 |
| bank or credit union made in accordance with the | 16 |
| applicable banking laws and regulations and in the | 17 |
| ordinary course of business; however, the use, | 18 |
| ownership, or control of any security for such a loan, | 19 |
| if provided by a person other than the candidate or his | 20 |
| or her committee, qualifies as a contribution; or | 21 |
| (g) an independent expenditure. | 22 |
| (C) Interest or other investment income, earnings or | 23 |
| proceeds, and refunds or returns of all or part of a | 24 |
| committee's previous expenditures, shall not be considered | 25 |
| contributions for the purposes of Section 9-8.5 but shall be | 26 |
| listed with contributions on disclosure reports required by |
|
|
|
HB0007 Enrolled |
- 20 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| this Article.
| 2 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 3 |
| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | 4 |
| Sec. 9-1.5. Expenditure defined. | 5 |
| (A) "Expenditure" means-
| 6 |
| (1) a payment, distribution, purchase, loan, advance, | 7 |
| deposit, or
gift of money or anything of value, in
connection | 8 |
| with the nomination
for election, or election, or retention of | 9 |
| any person to or in public office, in connection with
the | 10 |
| election of any person as ward or township committeeman in | 11 |
| counties of
3,000,000 or more population, or in
connection with | 12 |
| any question of public policy , or by a constituent services | 13 |
| committee as provided in Section 9-8.5 .
"Expenditure" also | 14 |
| includes a payment, distribution, purchase, loan,
advance, | 15 |
| deposit, or gift of
money or anything of value that constitutes | 16 |
| an electioneering communication
regardless of whether the | 17 |
| communication is made in concert or cooperation with
or at the | 18 |
| request, suggestion, or knowledge of a candidate, a candidate's
| 19 |
| authorized
local political committee, a State political | 20 |
| committee, a political committee in support of or opposition to | 21 |
| a question of public policy, or any of their
agents.
| 22 |
| (B) "Expenditure" However, expenditure does not
include -
| 23 |
| (a) the use of real or personal property and the cost | 24 |
| of invitations,
food,
and beverages, voluntarily provided | 25 |
| by an individual in rendering voluntary
personal services |
|
|
|
HB0007 Enrolled |
- 21 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| on the individual's
residential premises for | 2 |
| candidate-related activities; provided the value
of the | 3 |
| service provided does not exceed an aggregate of $150 in a | 4 |
| reporting
period;
| 5 |
| (b) the sale of any food or beverage by a vendor for | 6 |
| use in a candidate's
campaign at a charge less than the | 7 |
| normal comparable charge, if such charge
for use in a | 8 |
| candidate's
campaign is at least equal to the cost of such | 9 |
| food or beverage to the vendor.
| 10 |
| (2) a transfer of funds between political committees.
| 11 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 12 |
| 93-847, eff. 7-30-04.)
| 13 |
| (10 ILCS 5/9-1.6) (from Ch. 46, par. 9-1.6)
| 14 |
| Sec. 9-1.6. Person. "Person" or "whoever" means a natural | 15 |
| person an individual , trust, partnership,
committee, | 16 |
| association, corporation, or any other organization or group of
| 17 |
| persons.
| 18 |
| (Source: P.A. 78-1183.)
| 19 |
| (10 ILCS 5/9-1.7)
(from Ch. 46, par. 9-1.7)
| 20 |
| Sec. 9-1.7. "Local political committee" means the | 21 |
| candidate himself or any
individual, trust, partnership, | 22 |
| committee, association, corporation, or
other organization or | 23 |
| group of persons which:
| 24 |
| (a) accepts contributions or grants or makes |
|
|
|
HB0007 Enrolled |
- 22 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| expenditures during any
12-month period in an aggregate | 2 |
| amount exceeding $3,000 on behalf of or in
opposition to a | 3 |
| candidate or candidates for public office who are required
| 4 |
| by the Illinois Governmental Ethics Act to file statements | 5 |
| of economic
interests with the county clerk,
or on behalf | 6 |
| of or in opposition to a candidate or candidates for | 7 |
| election to
the office of ward or township committeeman in | 8 |
| counties of 3,000,000 or more
population;
| 9 |
| (b) accepts contributions or makes expenditures during | 10 |
| any 12-month
period in an aggregate amount exceeding $3,000 | 11 |
| in support of or in
opposition to any question of public | 12 |
| policy to be submitted to the electors
of an area | 13 |
| encompassing no more than one county. The $3,000 threshold | 14 |
| established in this paragraph (b) applies to any receipts | 15 |
| or expenditures received or made with the purpose of | 16 |
| securing a place on the ballot for, advocating the defeat | 17 |
| or passage of, or engaging in electioneering communication | 18 |
| regarding the question of public policy regardless of the | 19 |
| method of initiation of the question of public policy and | 20 |
| regardless of whether petitions have been circulated or | 21 |
| filed with the appropriate office or whether the question | 22 |
| has been adopted and certified by the governing body;
| 23 |
| (c) accepts contributions or makes expenditures during | 24 |
| any 12-month
period in an aggregate amount exceeding $3,000 | 25 |
| and has as its primary
purpose the furtherance of | 26 |
| governmental, political or social values, is
organized on a |
|
|
|
HB0007 Enrolled |
- 23 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| not-for-profit basis, and which publicly endorses or
| 2 |
| publicly opposes a candidate or candidates for public | 3 |
| office who are
required by the Illinois Governmental Ethics | 4 |
| Act to file statements of
economic interest with the County | 5 |
| Clerk or a candidate or candidates for the
office of ward | 6 |
| or township committeeman in counties of 3,000,000 or more
| 7 |
| population; or
| 8 |
| (d) accepts contributions or makes expenditures during | 9 |
| any 12-month period in an aggregate amount
exceeding $3,000 | 10 |
| for electioneering communications relating to any | 11 |
| candidate or
candidates described in paragraph (a) or any | 12 |
| question of public policy
described in paragraph (b) ; or | 13 |
| (e) makes electioneering communications during any | 14 |
| 12-month period in an aggregate amount exceeding $3,000 | 15 |
| relating to any candidate or candidates described in | 16 |
| paragraph (a) or any question of public policy described in | 17 |
| paragraph (b) .
| 18 |
| (Source: P.A. 95-963, eff. 1-1-09.)
| 19 |
| (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| 20 |
| Sec. 9-1.8. "State political committee" means the | 21 |
| candidate himself or any
individual, trust, partnership, | 22 |
| committee, association, corporation, or
any other organization | 23 |
| or group of persons which--
| 24 |
| (a) accepts contributions or grants or makes expenditures | 25 |
| during any
12-month period in an aggregate amount exceeding |
|
|
|
HB0007 Enrolled |
- 24 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| $3,000 on behalf of or
in opposition to a candidate or | 2 |
| candidates for public office who are
required by the Illinois | 3 |
| Governmental Ethics Act to file statements of
economic | 4 |
| interests with the Secretary of State,
| 5 |
| (b) accepts contributions or makes expenditures during any | 6 |
| 12-month
period in an aggregate amount exceeding $3,000 in | 7 |
| support of or in
opposition to any question of public policy to | 8 |
| be submitted to the
electors of an area encompassing more than | 9 |
| one county. The $3,000 threshold established in this paragraph | 10 |
| (b) applies to any receipts or expenditures received or made | 11 |
| with the purpose of securing a place on the ballot for, | 12 |
| advocating the defeat or passage of, or engaging in | 13 |
| electioneering communication regarding the question of public | 14 |
| policy regardless of the method of initiation of the question | 15 |
| of public policy and regardless of whether petitions have been | 16 |
| circulated or filed with the appropriate office or whether the | 17 |
| question has been adopted and certified by the governing body,
| 18 |
| (c) accepts contributions or makes expenditures during any | 19 |
| 12-month
period in an aggregate amount exceeding $3,000 and has | 20 |
| as its primary purpose
the
furtherance of governmental, | 21 |
| political or social values, is organized on
a not-for-profit | 22 |
| basis, and which publicly endorses or publicly opposes
a | 23 |
| candidate or candidates for public office who are required by | 24 |
| the
Illinois Governmental Ethics Act to file statements of | 25 |
| economic interest
with the Secretary of State, or
| 26 |
| (d) accepts contributions or makes expenditures during any |
|
|
|
HB0007 Enrolled |
- 25 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| 12-month period in an aggregate amount
exceeding $3,000 for | 2 |
| electioneering communications relating to any candidate or
| 3 |
| candidates described in paragraph (a) or any question of public | 4 |
| policy
described in paragraph (b) , or . | 5 |
| (e) makes electioneering communications during any | 6 |
| 12-month period in an aggregate amount exceeding $3,000 | 7 |
| relating to any candidate or candidates described in paragraph | 8 |
| (a) or any question of public policy described in paragraph | 9 |
| (b).
| 10 |
| (Source: P.A. 95-963, eff. 1-1-09.)
| 11 |
| (10 ILCS 5/9-1.14)
| 12 |
| Sec. 9-1.14. Electioneering communication defined.
| 13 |
| (a) "Electioneering communication" means, for the purposes | 14 |
| of this Article,
any broadcast form of communication, in | 15 |
| whatever medium, including but not limited to a newspaper, | 16 |
| radio, television, or Internet communication, that (1) refers | 17 |
| to a
clearly
identified candidate or candidates who will appear | 18 |
| on the ballot for nomination, election, or retention , refers to | 19 |
| a clearly identified political party, or refers to a clearly | 20 |
| identified question of public policy that will appear on the | 21 |
| ballot ; and (2) is made within (i) 60
days before a general | 22 |
| election
or consolidated election or (ii) 30 days before a | 23 |
| primary
election ; (3) is targeted to the relevant electorate; | 24 |
| and (4) is susceptible to no reasonable interpretation other | 25 |
| than as an appeal to vote for or against a clearly identified |
|
|
|
HB0007 Enrolled |
- 26 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| candidate for nomination, election, or retention, political | 2 |
| party, or question of public policy .
| 3 |
| (b) "Electioneering communication" does not include:
| 4 |
| (1) A communication, other than an advertisement, | 5 |
| appearing in a news
story,
commentary, or editorial
| 6 |
| distributed through the facilities of any legitimate news | 7 |
| organization, unless
the
facilities are owned or | 8 |
| controlled by any political party, political committee,
or | 9 |
| candidate.
| 10 |
| (2) A communication made solely to promote a candidate | 11 |
| debate or forum
that is made by or on behalf of the person | 12 |
| sponsoring the debate or forum.
| 13 |
| (3) A communication made as part of a non-partisan | 14 |
| activity designed to
encourage individuals to vote or to | 15 |
| register to vote.
| 16 |
| (4) A communication by an organization operating and | 17 |
| remaining in good
standing under Section 501(c)(3) of the | 18 |
| Internal Revenue Code of 1986.
| 19 |
| (5) A communication exclusively between a labor | 20 |
| organization, as defined under federal or State law, and | 21 |
| its members.
| 22 |
| (6) A communication exclusively between an | 23 |
| organization formed under Section 501(c)(6) of the | 24 |
| Internal Revenue Code and its members.
| 25 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 26 |
| 93-847, eff. 7-30-04; 94-461, eff. 8-4-05; 94-645, eff. |
|
|
|
HB0007 Enrolled |
- 27 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| 8-22-05.) | 2 |
| (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | 3 |
| Sec. 9-3. Every state political committee and every local
| 4 |
| political committee shall file with the State Board of | 5 |
| Elections, and
every local political committee shall file with | 6 |
| the county clerk, a
statement of organization within 10 | 7 |
| business days of the creation of
such
committee, except any | 8 |
| political committee created within the 30 days before
an
| 9 |
| election shall file a statement of organization within 5 | 10 |
| business days. A
political committee that acts as both a state | 11 |
| political
committee and a local political committee shall file | 12 |
| a copy of each
statement of organization with the State Board | 13 |
| of Elections and the
county clerk.
The Board shall impose a | 14 |
| civil penalty of $25 per business day upon political
committees | 15 |
| for failing to file or late filing of a statement of | 16 |
| organization,
except that for committees formed to support | 17 |
| candidates for statewide office,
the civil penalty shall be $50 | 18 |
| per business day. Such penalties shall not
exceed $5,000, and | 19 |
| shall not exceed $10,000 for statewide office political
| 20 |
| committees.
There shall be no fine if the statement is mailed | 21 |
| and postmarked at least 72
hours prior to the filing deadline.
| 22 |
| In addition to the civil penalties authorized by this | 23 |
| Section, the State
Board of Elections or any other affected | 24 |
| political committee may apply to the
circuit court for a | 25 |
| temporary restraining
order or a preliminary or permanent |
|
|
|
HB0007 Enrolled |
- 28 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| injunction against the political committee
to cease the | 2 |
| expenditure of funds and to cease operations until the | 3 |
| statement
of organization is filed.
| 4 |
| For the purpose of this Section,
"statewide office" means | 5 |
| the Governor, Lieutenant Governor, Secretary of State,
| 6 |
| Attorney General, State Treasurer, and State Comptroller.
| 7 |
| The statement of organization shall include -
| 8 |
| (a) the name
and address of the political committee (the | 9 |
| name of the
political committee must include the name of any | 10 |
| sponsoring entity);
| 11 |
| (b) the scope, area of activity, party affiliation, | 12 |
| candidate
affiliation and his county of residence, and purposes | 13 |
| of the political
committee;
| 14 |
| (c) the name, address, and position of each custodian of | 15 |
| the
committee's books and accounts;
| 16 |
| (d) the name, address, and position of the committee's | 17 |
| principal
officers, including the chairman, treasurer, and | 18 |
| officers and members of
its finance committee, if any;
| 19 |
| (e) any additional information required by Section 9-8.5 | 20 |
| (Blank) ;
| 21 |
| (f) a statement of what specific disposition of residual | 22 |
| fund will
be made in the event of the dissolution or
| 23 |
| termination of the committee;
| 24 |
| (g) a listing of all banks or other financial institutions, | 25 |
| safety
deposit boxes, and any other repositories or custodians | 26 |
| of funds used by
the committee;
|
|
|
|
HB0007 Enrolled |
- 29 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| (h) the amount of funds available for campaign expenditures | 2 |
| as of
the filing date of the committee's statement of | 3 |
| organization.
| 4 |
| For purposes of this Section, a "sponsoring entity" is (i) | 5 |
| any person,
political committee, organization, corporation, or | 6 |
| association that contributes
at least 33% of the total funding | 7 |
| of the political committee or (ii) any person
or other entity | 8 |
| that is registered or is required to register under the
| 9 |
| Lobbyist Registration Act and contributes at least 33% of the | 10 |
| total funding of
the political committee; except that a | 11 |
| political committee is not a "sponsoring entity" for purposes | 12 |
| of this Section if it is a political committee organized by (i) | 13 |
| an established political party as defined in Section 10-2, (ii) | 14 |
| a partisan caucus of either house of the General Assembly, or | 15 |
| (iii) the Speaker or Minority Leader of the House of | 16 |
| Representatives or the President or Minority Leader of the | 17 |
| Senate, in his or her capacity as a legislative leader of the | 18 |
| House of Representatives or Senate and not as a candidate for | 19 |
| Representative or Senator.
| 20 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 21 |
| 94-645, eff. 8-22-05.)
| 22 |
| (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
| 23 |
| Sec. 9-4. The statement of organization required by this | 24 |
| Article to be
filed in accordance with Section 9-3 shall be | 25 |
| verified, dated, and signed
by either the treasurer of the |
|
|
|
HB0007 Enrolled |
- 30 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| political committee making the statement or
the candidate on | 2 |
| whose behalf the statement is made, and shall contain
| 3 |
| substantially the following:
| 4 |
| STATEMENT OF ORGANIZATION
| 5 |
| (a) name and address of the political committee:
| 6 |
| .............................................................
| 7 |
| | 8 |
| (b) scope, area of activity, party affiliation, candidate | 9 |
| affiliation
and his county of residence, and purposes of the | 10 |
| political committee:
| 11 |
| .............................................................
| 12 |
| .............................................................
| 13 |
| .............................................................
| 14 |
| .............................................................
| 15 |
| | 16 |
| (c) name, address, and position of each custodian of the | 17 |
| committee's books
and accounts:
| 18 |
| .............................................................
| 19 |
| .............................................................
| 20 |
| | 21 |
| (d) name, address, and position of the committee's | 22 |
| principal officers,
including the chairman, treasurer, and | 23 |
| officers and members of its finance
committee, if any:
| 24 |
| .............................................................
| 25 |
| .............................................................
| 26 |
| .............................................................
|
|
|
|
HB0007 Enrolled |
- 31 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| | 2 |
| (e) a statement of what specific disposition of residual | 3 |
| funds
will be made
in the event of the dissolution or | 4 |
| termination of the committee:
| 5 |
| .............................................................
| 6 |
| .............................................................
| 7 |
| | 8 |
| (f) a listing of all banks or other financial | 9 |
| institutions,
safety deposit
boxes, and any other repositories | 10 |
| or custodians of funds used by the
committee:
| 11 |
| .............................................................
| 12 |
| .............................................................
| 13 |
| | 14 |
| (g) the amount of funds available for campaign | 15 |
| expenditures as
of the filing date of the committee's statement | 16 |
| of organization:
| 17 |
| .............................................................
| 18 |
| | 19 |
| (h) any additional information required by Section 9-8.5 of | 20 |
| the Election Code: | 21 |
| ............................................................. | 22 |
| VERIFICATION:
| 23 |
| "I declare that this statement of organization (including | 24 |
| any
accompanying schedules and statements) has been examined by | 25 |
| me and to the
best of my knowledge and belief is a true, | 26 |
| correct and complete statement
of organization as required by |
|
|
|
HB0007 Enrolled |
- 32 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| Article 9 of The Election Code. I understand
that willfully | 2 |
| filing a false or incomplete statement is
a business offense | 3 |
| subject to a fine of at least $1,001 and up to $5,000."
| 4 |
| ................ ..........................................
| 5 |
| (date of filing) (signature of person making the statement)
| 6 |
| (Source: P.A. 93-615, eff. 11-19-03.)
| 7 |
| (10 ILCS 5/9-7.5)
| 8 |
| Sec. 9-7.5. Nonprofit organization registration and | 9 |
| disclosure.
| 10 |
| (a) Each nonprofit organization, except for a labor union,
| 11 |
| that accepts contributions, makes contributions, or makes | 12 |
| expenditures during any 12-month period in
an aggregate amount | 13 |
| exceeding $5,000 (I) on behalf of or in opposition to
public | 14 |
| officials, candidates for public office, or a question of | 15 |
| public policy or (II) for electioneering communications shall
| 16 |
| register with the State Board of Elections. The Board by rule | 17 |
| shall prescribe
the registration procedure and form. The | 18 |
| registration form shall require the
following information:
| 19 |
| (1) The registrant's name, address, and purpose.
| 20 |
| (2) The name, address, and position of each custodian | 21 |
| of the registrant's
financial books, accounts, and | 22 |
| records.
| 23 |
| (3) The name, address, and position of each of the | 24 |
| registrant's principal
officers.
| 25 |
| (b) Each nonprofit organization required to register under |
|
|
|
HB0007 Enrolled |
- 33 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| subsection (a)
shall file contribution and expenditure reports | 2 |
| with the Board. The Board by
rule shall prescribe the form, | 3 |
| which shall require the following information:
| 4 |
| (1) The organization's name, address, and purpose.
| 5 |
| (2) The amount of funds on hand at the beginning of the | 6 |
| reporting period.
| 7 |
| (3) The full name and address of each person who has | 8 |
| made one or more
contributions to or for the organization | 9 |
| within the reporting period in an
aggregate amount or value | 10 |
| in excess of $150, together with the amount and date
of the | 11 |
| contributions, and if a contributor is an individual who | 12 |
| contributed
more than $500, the occupation and employer of | 13 |
| the contributor or, if the
occupation and employer of the | 14 |
| contributor are unknown, a statement that the
organization | 15 |
| has made a good faith effort to ascertain this information.
| 16 |
| (4) The total sum of individual contributions made to | 17 |
| or for the
organization during the reporting period and not | 18 |
| reported in item (3).
| 19 |
| (5) The name and address of each organization and | 20 |
| political committee from
which the reporting organization | 21 |
| received, or to which that organization made,
any transfer | 22 |
| of funds in an aggregate amount or value in excess of $150,
| 23 |
| together with the amounts and dates of the transfers.
| 24 |
| (6) The total sum of transfers made to or from the | 25 |
| organization during the
reporting period and not reported | 26 |
| in item (5).
|
|
|
|
HB0007 Enrolled |
- 34 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| (7) Each loan to or from any person within the | 2 |
| reporting period by or to
the organization in an aggregate | 3 |
| amount or value in excess of $150, together
with the full | 4 |
| names and mailing addresses of the lender and endorsers, if | 5 |
| any,
and the date and amount of the loans, and if a lender | 6 |
| or endorser is an
individual who loaned or endorsed a loan | 7 |
| of more than $500, the occupation and
employer of the | 8 |
| individual or, if the occupation and employer of the | 9 |
| individual
are unknown, a statement that the organization | 10 |
| has made a good faith effort to
ascertain this information.
| 11 |
| (8) The total amount of proceeds received by the | 12 |
| organization from (i) the
sale of tickets for each dinner, | 13 |
| luncheon, cocktail party, rally, and other
fundraising | 14 |
| event, (ii) mass collections made at those events, and | 15 |
| (iii) sales
of items such as buttons, badges, flags, | 16 |
| emblems, hats, banners, literature,
and
similar materials.
| 17 |
| (9) Each contribution, rebate, refund, or other | 18 |
| receipt in excess of $150
received by the organization not | 19 |
| otherwise listed under items (3) through (8),
and if a | 20 |
| contributor is an individual who contributed
more than | 21 |
| $500, the occupation and employer of the contributor or, if | 22 |
| the
occupation and employer of the contributor are unknown, | 23 |
| a statement that the
organization has made a good faith | 24 |
| effort to ascertain this information.
| 25 |
| (10) The total sum of all receipts by or for the | 26 |
| organization during the
reporting period.
|
|
|
|
HB0007 Enrolled |
- 35 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| (11) The full name and mailing address of each person | 2 |
| to whom expenditures
have been made by the organization | 3 |
| within the reporting period in an aggregate
amount or value | 4 |
| in excess of $150, the amount, date, and purpose of each
| 5 |
| expenditure, and the question of public policy on behalf of | 6 |
| which the
expenditure
was made.
| 7 |
| (12) The full name and mailing address of each person | 8 |
| to whom an
expenditure for personal services, salaries, and | 9 |
| reimbursed expenses in excess
of $150 has been made and | 10 |
| which is not otherwise reported, including the
amount,
| 11 |
| date, and purpose of the expenditure.
| 12 |
| (13) The total sum of expenditures made by the | 13 |
| organization during the
reporting period.
| 14 |
| (14) The full name and mailing address of each person | 15 |
| to whom the
organization owes debts or obligations in | 16 |
| excess of $150 and the amount of the
debts or obligations.
| 17 |
| The State Board by rule shall define a "good faith effort".
| 18 |
| (c) The reports required under subsection (b) shall be | 19 |
| filed at the same
times and for the same reporting periods as | 20 |
| reports of campaign contributions
and semi-annual reports of | 21 |
| campaign contributions and expenditures required by
this | 22 |
| Article of political committees. The reports required under | 23 |
| subsection
(b)
shall be available for public inspection and | 24 |
| copying in the same manner as
reports filed by political | 25 |
| committees.
The Board may charge a fee that covers the costs of | 26 |
| copying and distribution,
if any.
|
|
|
|
HB0007 Enrolled |
- 36 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| (d) An organization required to file reports under | 2 |
| subsection (b) shall
include a statement on all literature and | 3 |
| advertisements soliciting funds
stating the following:
| 4 |
| "A copy of our report filed with the State Board of | 5 |
| Elections is (or will be)
available for purchase from the State | 6 |
| Board of Elections, Springfield,
Illinois".
| 7 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 8 |
| (10 ILCS 5/9-8.5 new) | 9 |
| Sec. 9-8.5. Limits on contributions received by political | 10 |
| committees. | 11 |
| (a) Definitions. For the purposes of this Section: | 12 |
| "Association" means any group, club, meeting, | 13 |
| collective, membership organization, collection of | 14 |
| persons, any entity organized under Section 501 or 527 of | 15 |
| the Internal Revenue Code, or any other entity other than a | 16 |
| natural person, except that an association does not include | 17 |
| a political committee organized under this Article or a | 18 |
| labor organization as defined in this Section. | 19 |
| "Constituent services committee" means a political | 20 |
| committee organized by an elected public official to accept | 21 |
| contributions and make expenditures solely to defray the | 22 |
| costs related to constituent services and upkeep of that | 23 |
| official's office. | 24 |
| "Corporation" includes a corporation, limited | 25 |
| liability company, partnership, professional practice, |
|
|
|
HB0007 Enrolled |
- 37 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| cooperative, or sole proprietorship, whether organized on | 2 |
| a for-profit or non-profit basis organized under the laws | 3 |
| of Illinois or another state. A corporation does not | 4 |
| include (i) a labor organization as defined in this Section | 5 |
| or (ii) an incorporated political committee registered | 6 |
| pursuant to this Article or corresponding federal laws or | 7 |
| laws of another state. | 8 |
| "Labor organization" means any organization of any | 9 |
| kind or any agency or employee representation committee or | 10 |
| plan in which employees participate and that exists for the | 11 |
| purpose, in whole or in part, of dealing with employers | 12 |
| concerning grievances, labor disputes, wages, rates of | 13 |
| pay, hours of employment, or conditions of work. | 14 |
| "Multi-candidate committee" means a political | 15 |
| committee organized by a public official, candidate, or | 16 |
| political party to support the nomination, election, or | 17 |
| retention of public officials or candidates for multiple, | 18 |
| specified offices. "Multi-candidate committee" also | 19 |
| includes a political party committee. | 20 |
| "Non-candidate committee" means a political committee | 21 |
| organized by a person, persons, or any entity other than a | 22 |
| public official, candidate, or political party to support | 23 |
| or oppose causes, ideas, or interests but not organized to | 24 |
| support specific candidates for nomination, election, or | 25 |
| retention. | 26 |
| "Political party committee" means a political |
|
|
|
HB0007 Enrolled |
- 38 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| committee organized to support candidates of a specific | 2 |
| political party seeking elective office within a specific | 3 |
| jurisdiction. | 4 |
| "Single-candidate committee" means a political | 5 |
| committee organized to support or oppose the election of a | 6 |
| single, specific candidate or public official or to support | 7 |
| or oppose one or more questions of public policy. | 8 |
| (b) Single-candidate committee. Beginning on January 1, | 9 |
| 2011, no public official or candidate for public office may | 10 |
| establish or maintain more than one political committee for | 11 |
| each office that public official or candidate occupies or is | 12 |
| seeking. The statement of organization must identify the public | 13 |
| official or candidate, the office that public official or | 14 |
| candidate occupies or seeks to occupy, and a statement that the | 15 |
| political committee is the only single-candidate committee | 16 |
| designated by the public official or candidate to receive | 17 |
| contributions and make expenditures on behalf of the public | 18 |
| official or candidate for such office. | 19 |
| (1) Each calendar year, a single-candidate committee | 20 |
| may not accept contributions with an aggregate value over | 21 |
| $5,000 from a natural person. | 22 |
| (2) Each calendar year, a single-candidate committee | 23 |
| may not accept contributions with an aggregate value over | 24 |
| $10,000 from a corporation, labor organization, or | 25 |
| association. | 26 |
| (3) Each calendar year, a single-candidate committee |
|
|
|
HB0007 Enrolled |
- 39 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| may not accept transfers of funds with an aggregate value | 2 |
| over $90,000 from a political committee. | 3 |
| (c) Multi-candidate committee. Beginning on January 1, | 4 |
| 2011, a public official, candidate for public office, or a | 5 |
| political party may establish or maintain one political | 6 |
| committee to support the election of public officials or | 7 |
| candidates for multiple, specified offices. The statement of | 8 |
| organization must identify the public official, candidate, or | 9 |
| political party forming the committee, the public officials, | 10 |
| candidates, or political party the committee is organized to | 11 |
| support, and a statement that the political committee is the | 12 |
| only multi-candidate committee designated by the public | 13 |
| official, candidate, or political party to receive | 14 |
| contributions and make expenditures on behalf of the public | 15 |
| official, candidate, or political party. | 16 |
| (1) Each calendar year, a multi-candidate committee | 17 |
| may not accept contributions with an aggregate value over | 18 |
| $10,000 from a natural person. | 19 |
| (2) Each calendar year, a multi-candidate committee | 20 |
| may not accept contributions with an aggregate value over | 21 |
| $20,000 from a corporation, labor organization, or | 22 |
| association. | 23 |
| (3) Each calendar year, a multi-candidate committee | 24 |
| may not accept transfers of funds from a political | 25 |
| committee in excess of $90,000. | 26 |
| (d) Non-candidate committee. Beginning on January 1, 2011, |
|
|
|
HB0007 Enrolled |
- 40 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| a corporation, association, labor organization, or other | 2 |
| person may establish or maintain one political committee to | 3 |
| support or oppose a cause or interests, but not organized to | 4 |
| support specific candidates for nomination, election, or | 5 |
| retention. The statement of organization must identify the | 6 |
| entity forming the committee, the cause or interest supported | 7 |
| or opposed, and a statement that the political committee is the | 8 |
| only non-candidate committee designated to receive | 9 |
| contributions and make expenditures on behalf of the entity. | 10 |
| (1) Each calendar year, a non-candidate committee may | 11 |
| not accept contributions with an aggregate value over | 12 |
| $10,000 from a natural person. | 13 |
| (2) Each calendar year, a non-candidate committee may | 14 |
| not accept contributions with an aggregate value over | 15 |
| $20,000 from a corporation, labor organization, or | 16 |
| association. | 17 |
| (3) Each calendar year, a non-candidate committee may | 18 |
| not accept transfers of funds from a political committee in | 19 |
| excess of $90,000. | 20 |
| (e) Constituent services committee. Beginning on January | 21 |
| 1, 2011, a public official may establish and maintain one | 22 |
| constituent services committee to accept contributions and | 23 |
| make expenditures for costs related to constituent services and | 24 |
| the maintenance of the official's public office. Funds shall | 25 |
| not be used for election-related expenses, personal items, or | 26 |
| to make contributions or transfers of funds to any political |
|
|
|
HB0007 Enrolled |
- 41 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| committee. The statement of organization must identify the | 2 |
| public official or candidate forming the committee, the | 3 |
| designated purposes for which funds may be expended, and a | 4 |
| statement that the constituent services committee is the only | 5 |
| constituent services committee designated by the public | 6 |
| official. Each calendar year, a constituent services committee | 7 |
| may not accept contributions with an aggregate value of more | 8 |
| than $5,000 from any single source. | 9 |
| (f) Self-funding candidates. If a public official, a | 10 |
| candidate, or the public official's or candidate's immediate | 11 |
| family contributes or loans to the public official's or | 12 |
| candidate's political committee or to other political | 13 |
| committees that transfer funds to the public official's or | 14 |
| candidate's political committee or makes independent | 15 |
| expenditures for the benefit of the public official's or | 16 |
| candidate's campaign during the 12 months prior to an election | 17 |
| in an aggregate amount of more than (i) $250,000 for statewide | 18 |
| office or (ii) $100,000 for all other elective offices, then | 19 |
| the public official or candidate shall file with the State | 20 |
| Board of Elections, within one day, a Notification of | 21 |
| Self-funding that shall detail each contribution or loan made | 22 |
| by the public official, the candidate, or the public official's | 23 |
| or candidate's immediate family. Within 2 business days after | 24 |
| the filing of a Notification of Self-funding, the notification | 25 |
| shall be posted on the Board's website and the Board shall give | 26 |
| official notice of the filing to each candidate for the same |
|
|
|
HB0007 Enrolled |
- 42 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| office as the public official or candidate making the filing, | 2 |
| including the public official or candidate filing the | 3 |
| Notification of Self-funding. Upon receiving notice from the | 4 |
| Board, all candidates for that office, including the public | 5 |
| official or candidate who filed a Notification of Self-funding, | 6 |
| shall be permitted to accept contributions in excess of any | 7 |
| contribution limits imposed by this subsection 9-8.5(b). For | 8 |
| the purposes of this subsection, "statewide office" means the | 9 |
| Governor, Lieutenant Governor, Attorney General, Secretary of | 10 |
| State, Comptroller, and Treasurer. For the purposes of this | 11 |
| subsection, "immediate family" means the spouse, parent, or | 12 |
| child of a public official or candidate. | 13 |
| (g) Joint fundraising. Nothing in this Section shall | 14 |
| prohibit political committees from dividing the proceeds of | 15 |
| joint fundraising efforts; provided that no political | 16 |
| committee may receive more than the limit from any one | 17 |
| contributor and all contributions shall be reported. | 18 |
| (h) Contributions or transfers in violation of this | 19 |
| Section. A political committee that receives a contribution or | 20 |
| transfer in violation of this Section shall dispose of the | 21 |
| contribution or transfer by returning the contribution or | 22 |
| transfer, or an amount equal to the contribution or transfer, | 23 |
| to the contributor or transferor or donating the contribution | 24 |
| or transfer, or an amount equal to the contribution or | 25 |
| transfer, to a charity. A contribution or transfer received in | 26 |
| violation of this Section that is not disposed of as provided |
|
|
|
HB0007 Enrolled |
- 43 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| in this subsection within 30 days after its receipt shall | 2 |
| escheat to the General Revenue Fund. | 3 |
| (i) On January 1 of each odd-numbered year, the State Board | 4 |
| of Elections shall adjust the amount of the contribution and | 5 |
| transfer limitations established in this Section for inflation | 6 |
| as determined by the Consumer Price Index for All Urban | 7 |
| Consumers as issued by the United States Department of Labor | 8 |
| and rounded to the nearest $100. The State Board shall publish | 9 |
| this information on its official web site. | 10 |
| (j) Nothing in this Section shall limit the amounts that | 11 |
| may be transferred between a State and federal committee of a | 12 |
| State central committee of a political party. | 13 |
| (10 ILCS 5/9-8.6 new)
| 14 |
| Sec. 9-8.6. Independent expenditures. | 15 |
| (a) "Independent expenditure" means an expenditure (i) | 16 |
| that is made by a natural person for the purpose of making | 17 |
| electioneering communications or of expressly advocating for | 18 |
| or against the nomination, election, retention, or defeat of a | 19 |
| clearly identifiable public official or candidate and (ii) that | 20 |
| is not made in connection, consultation, or concert with or at | 21 |
| the request or suggestion of the public official or candidate, | 22 |
| the public official's or candidate's designated political | 23 |
| committee or campaign, or the agent or agents of the public | 24 |
| official, candidate, or political committee or campaign. An | 25 |
| independent expenditure is not considered a contribution to a |
|
|
|
HB0007 Enrolled |
- 44 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| political committee. An expenditure made by a natural person in | 2 |
| connection, consultation, or concert with or at the request or | 3 |
| suggestion of the public official or candidate, the public | 4 |
| official's or candidate's single-candidate committee, or the | 5 |
| agent or agents of the public official, candidate, or political | 6 |
| committee or campaign shall be considered a contribution to the | 7 |
| public official's or candidate's single-candidate committee. | 8 |
| (b) A person that makes an independent expenditure | 9 |
| supporting or opposing a public official or candidate that, | 10 |
| alone or in combination with any other independent expenditure | 11 |
| made by that person supporting or opposing that public official | 12 |
| or candidate during any 12-month period, equals an aggregate | 13 |
| value of at least $3,000 must file a written disclosure with | 14 |
| that public official or candidate and the State Board of | 15 |
| Elections within 2 business days after making any expenditure | 16 |
| that results in the person meeting or exceeding the $3,000 | 17 |
| threshold. Each disclosure must identify the person, the public | 18 |
| official or candidate supported or opposed, the date, amount, | 19 |
| and nature of each independent expenditure, and, in the case of | 20 |
| a person, his or her occupation and employer. | 21 |
| Any person that makes independent expenditures in an | 22 |
| aggregate amount exceeding $3,000 during a general primary | 23 |
| period or general election period shall have a continuing duty | 24 |
| to disclose each time the person has an unreported independent | 25 |
| expenditure or expenditures supporting or opposing a public | 26 |
| official or candidate that exceed an aggregate value of |
|
|
|
HB0007 Enrolled |
- 45 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| $20,000. In this event, the person shall file a written | 2 |
| disclosure with the public official or candidate, any other | 3 |
| candidate seeking the office, and the State Board within 2 | 4 |
| business days after making any expenditure that results in the | 5 |
| person meeting or exceeding the $20,000 in aggregate. Each | 6 |
| disclosure must identify the person, his or her occupation, the | 7 |
| public official or candidate, and the date, amount, and nature | 8 |
| of each independent expenditure. | 9 |
| (c) Any entity other than a natural person that makes | 10 |
| expenditures of any kind in an aggregate amount exceeding | 11 |
| $3,000 during any 12-month period supporting or opposing a | 12 |
| public official or candidate must organize as a political | 13 |
| committee in accordance with this Article. | 14 |
| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 15 |
| Sec. 9-10. Financial reports.
| 16 |
| (a) The treasurer of every state political committee and | 17 |
| the
treasurer of every local political committee shall file | 18 |
| with the
Board, and the treasurer of every local political | 19 |
| committee shall file
with the county clerk, reports of campaign | 20 |
| contributions, and quarterly semi-annual
reports of campaign | 21 |
| contributions and expenditures on forms to be
prescribed or | 22 |
| approved by the Board. The treasurer of every political
| 23 |
| committee that acts as both a state political committee and a | 24 |
| local
political committee shall file a copy of each report with | 25 |
| the State Board
of Elections and the county clerk.
Entities |
|
|
|
HB0007 Enrolled |
- 46 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| subject to Section 9-7.5 shall file reports required by
that | 2 |
| Section at times
provided in this Section and are subject to | 3 |
| the penalties provided in this
Section.
| 4 |
| (b) A This subsection does not apply with respect to | 5 |
| general primary elections. Reports of campaign contributions | 6 |
| shall be filed no later than the
15th day next preceding each | 7 |
| election in
connection with which the political committee has | 8 |
| accepted or is
accepting contributions or has made or is making | 9 |
| expenditures. Such
reports shall be complete as of the 30th day | 10 |
| next preceding each election. The Board shall assess a civil | 11 |
| penalty not to
exceed $5,000 for a violation of this | 12 |
| subsection, except that for State
officers and candidates
and | 13 |
| political
committees formed for statewide office, the civil
| 14 |
| penalty may not exceed $10,000.
The fine, however, shall not | 15 |
| exceed $500 for a
first filing violation for filing less than | 16 |
| 10 days after the deadline.
There shall be no fine if the | 17 |
| report is mailed and postmarked at least 72 hours
prior to the | 18 |
| filing deadline.
For the purpose of this subsection, "statewide
| 19 |
| office" and "State officer" means the Governor, Lieutenant | 20 |
| Governor, Attorney
General,
Secretary of State,
Comptroller, | 21 |
| and Treasurer. However, a
continuing political committee that | 22 |
| does not make an expenditure or
expenditures in an aggregate | 23 |
| amount of more than $500 on behalf of or in opposition to any | 24 |
| (i) candidate or candidates, (ii) public
question or questions, | 25 |
| or (iii) candidate or candidates and public question or | 26 |
| questions on the ballot at an election shall not be required to |
|
|
|
HB0007 Enrolled |
- 47 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| file the
reports prescribed in this subsection (c) (b) and | 2 |
| subsection (b-5) but may file in lieu thereof a Statement of
| 3 |
| Nonparticipation in the Election with the Board or the Board | 4 |
| and the county
clerk; except that if the political committee, | 5 |
| by the terms of its statement of organization filed in | 6 |
| accordance with this Article, is organized to support or oppose | 7 |
| a candidate or public question on the ballot at the next | 8 |
| election or primary, that committee must file reports required | 9 |
| by this subsection (c) (b) and by subsection (b-5) . If a | 10 |
| political committee is not organized to support or oppose a | 11 |
| candidate or public question on the ballot at the next election | 12 |
| or primary and the political committee does not file a | 13 |
| Statement of Nonparticipation, then the committee will be | 14 |
| deemed to have filed a Statement of Nonparticipation. If such | 15 |
| political committee participates in that election then the | 16 |
| committee will be considered in violation of this subsection as | 17 |
| if it had filed a Statement of Nonparticipation, unless the | 18 |
| political committee files the required reports within 5 days | 19 |
| after the political committee makes such contribution or within | 20 |
| 24 hours in the period 5 days prior to the election.
| 21 |
| (c) A report of (b-5) Notwithstanding the provisions of | 22 |
| subsection (b) and
Section 1.25 of the Statute on Statutes, any | 23 |
| contribution
of more than $500 received (i) with respect to | 24 |
| elections other than the general primary election, in the 60 | 25 |
| days interim between the last date
of the period
covered by the | 26 |
| last report filed under subsection (b) prior to the election |
|
|
|
HB0007 Enrolled |
- 48 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| and
the date of the election or (ii) with respect to general | 2 |
| primary elections, in the period beginning January 1 of the | 3 |
| year of the general primary election and prior to the date of | 4 |
| the general primary election shall be filed electronically with | 5 |
| and must actually be received by
the State Board of Elections | 6 |
| within 2 business days after
receipt of such contribution. | 7 |
| (d) A single-candidate or multi-candidate committee | 8 |
| organized by or in support of a member of the General Assembly | 9 |
| also must file the reports required by subsection (c) during | 10 |
| the period beginning May 1 through the adjournment of the | 11 |
| spring legislative session. A single-candidate or | 12 |
| multi-candidate committee organized by or in support of the | 13 |
| Governor must file the reports required by subsection (c) | 14 |
| during the 90 days following the adjournment of the spring | 15 |
| legislative session. | 16 |
| (e) An expenditure of more than $500 made by a | 17 |
| multi-candidate committee for the benefit of a public official | 18 |
| or candidate for an office the multi-candidate committee is | 19 |
| organized to support made in the 60 days prior to the election | 20 |
| shall be electronically reported to the State Board of | 21 |
| Elections within 5 business days after an expenditure was made | 22 |
| by the multi-candidate committee. A continuing political | 23 |
| committee that does not support or oppose a candidate or public | 24 |
| question on the ballot at a general primary election and does | 25 |
| not make expenditures in excess of $500 on behalf of or in | 26 |
| opposition to any candidate or public question on the ballot at |
|
|
|
HB0007 Enrolled |
- 49 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| the general primary election shall not be required to file the | 2 |
| report prescribed in this subsection unless the committee makes | 3 |
| an expenditure in excess of $500 on behalf of or in opposition | 4 |
| to any candidate or public question on the ballot at the | 5 |
| general primary election. The committee shall timely file the | 6 |
| report required under this subsection beginning with the date | 7 |
| the expenditure that triggered participation was made.
The | 8 |
| State Board shall allow filings of reports of contributions of | 9 |
| more than
$500 under this subsection (b-5) by political | 10 |
| committees that are not
required to file electronically to be | 11 |
| made by
facsimile transmission. | 12 |
| (f)
For the purpose of this Section subsection , a | 13 |
| contribution is considered
received on the date the public | 14 |
| official, candidate, or treasurer of the political committee | 15 |
| (or
equivalent person
in the case of a
reporting entity other | 16 |
| than a political committee) has actual personal physical | 17 |
| possession of actually receives it or, in
the case of goods or | 18 |
| services, 2 business days after the date the public
official,
| 19 |
| candidate, or treasurer of the committee,
or other reporting | 20 |
| entity has actual personal physical possession of receives the | 21 |
| certification required under subsection
(b) of Section 9-6.
| 22 |
| (g) Failure to report
each contribution is a separate | 23 |
| violation of this subsection. In the final
disposition of any | 24 |
| matter by the Board on or after the effective date of this
| 25 |
| amendatory Act of the 93rd General Assembly, the Board
may
| 26 |
| impose fines for willful or wanton violations of this |
|
|
|
HB0007 Enrolled |
- 50 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| subsection not to exceed 150% 100% of the
total
amount of the | 2 |
| contributions that were untimely reported, but in no case when | 3 |
| a
fine is imposed shall it be less
than 10% of the total amount | 4 |
| of the contributions that were untimely
reported.
When | 5 |
| considering the amount of the fine to be imposed, the Board | 6 |
| shall
consider, but is not limited to, the following factors:
| 7 |
| (1) the amount by which a contribution exceeded the | 8 |
| threshold; | 9 |
| (1) whether in the Board's opinion the violation was | 10 |
| committed
inadvertently,
negligently, knowingly, or | 11 |
| intentionally;
| 12 |
| (2) the number of days the contribution was reported | 13 |
| late; and
| 14 |
| (3) past violations of Sections 9-3 and 9-10 of this | 15 |
| Article by the
committee.
| 16 |
| (h) The Board may impose fines for negligent, inadvertent, | 17 |
| or technical violations of this subsection not to exceed 50% of | 18 |
| the total amount of the contributions that were untimely | 19 |
| reported, or the Board may decline to impose a fine for such | 20 |
| violations. When considering the amount of the fine to be | 21 |
| imposed, the Board shall consider, but is not limited to, the | 22 |
| following factors: | 23 |
| (1) whether the violation was negligent, inadvertent, | 24 |
| or technical in nature; | 25 |
| (2) whether the contribution at issue was disclosed but | 26 |
| a violation arose because the disclosure was incorrectly |
|
|
|
HB0007 Enrolled |
- 51 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| characterized or reported inadvertently by another related | 2 |
| committee; | 3 |
| (3) whether the violation arose from an apparent | 4 |
| discrepancy between the date of the contribution reported | 5 |
| by the transferring committee and the date reported by the | 6 |
| receiving committee, if there appears to be no attempt to | 7 |
| delay disclosure; | 8 |
| (4) whether the disclosure was triggered by an | 9 |
| aggregation of contributions or transfers, the unreported | 10 |
| contributions or transfers are less than the threshold | 11 |
| triggering disclosure requirements, and there appears to | 12 |
| be no attempt to delay disclosure; | 13 |
| (5) the amount by which a contribution exceeded the | 14 |
| threshold; | 15 |
| (6) the number of days the contribution was reported | 16 |
| late; and | 17 |
| (7) past violations of Sections 9-3 and 9-10 of this | 18 |
| Article by the committee. | 19 |
| (i) (c) In addition to such reports the treasurer of every | 20 |
| political
committee shall file quarterly semi-annual reports | 21 |
| of campaign contributions and
expenditures . The reports shall | 22 |
| cover the period January 1 through March 31, April 1 through | 23 |
| June 30, July 1 through September 30, and October 1 through | 24 |
| December 31 of each year. Reports shall be filed no later than | 25 |
| 20 days after the close of the reporting period. no later than | 26 |
| July 20th, covering the period from January 1st
through June |
|
|
|
HB0007 Enrolled |
- 52 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| 30th immediately preceding, and no later than January 20th,
| 2 |
| covering the period from July 1st through December 31st of the | 3 |
| preceding
calendar year. Reports of contributions and | 4 |
| expenditures must be filed to
cover the prescribed time periods | 5 |
| even though no contributions or
expenditures may have been | 6 |
| received or made during the period.
The Board shall assess a | 7 |
| civil penalty not to exceed $5,000 for a violation
of this | 8 |
| subsection, except that for State officers and candidates
and | 9 |
| political
committees formed for statewide office, the civil
| 10 |
| penalty may not exceed $10,000.
The fine, however, shall not | 11 |
| exceed $500 for a
first filing violation for filing less than | 12 |
| 10 days after the deadline.
There shall be no fine if the | 13 |
| report is mailed and postmarked at least 72 hours
prior to the | 14 |
| filing deadline.
For the purpose of this subsection, "statewide
| 15 |
| office" and "State officer"
means the Governor, Lieutenant | 16 |
| Governor, Attorney General, Secretary
of State,
Comptroller, | 17 |
| and Treasurer.
In addition to any fine imposed under this | 18 |
| subsection, the State Board of Elections may order any | 19 |
| political committee that has failed to file 2 successive | 20 |
| quarterly reports within 30 days after the date the report was | 21 |
| due to conduct an audit of all financial records required to be | 22 |
| maintained by the committee at the time the audit is ordered. | 23 |
| The committee ordered to conduct an audit shall deliver a | 24 |
| certified copy of the audit to the Board within 90 calendar | 25 |
| days after the date the audit was ordered. If the committee | 26 |
| fails to deliver a certified audit in the time required, the |
|
|
|
HB0007 Enrolled |
- 53 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| Board shall assess a civil penalty of $250 per day that the | 2 |
| audit is late, not to exceed $5,000.
| 3 |
| (j) (c-5) A political committee that acts as either (i) a | 4 |
| State and local
political committee or (ii) a local political | 5 |
| committee and that files reports
electronically under Section | 6 |
| 9-28 is not required to file copies of the reports
with the | 7 |
| appropriate county clerk if the county clerk has a system that
| 8 |
| permits access to, and duplication of, reports that are filed | 9 |
| with the State
Board of Elections. A State and local political | 10 |
| committee or
a local political committee shall file with the | 11 |
| county clerk a copy of its
statement of organization pursuant | 12 |
| to Section 9-3.
| 13 |
| (k) (d) A copy of each report or statement filed under this | 14 |
| Article
shall be
preserved by the person filing it for a period | 15 |
| of two years from the
date of filing.
| 16 |
| (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | 17 |
| eff. 1-1-09.)
| 18 |
| (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
| 19 |
| Sec. 9-13. Each quarterly semi-annual report of campaign | 20 |
| contributions and
expenditures under Section 9-10 shall | 21 |
| disclose-
| 22 |
| (1) the name and address of the political committee;
| 23 |
| (2) (Blank);
| 24 |
| (3) the amount of funds on hand at the beginning of the | 25 |
| reporting
period;
|
|
|
|
HB0007 Enrolled |
- 54 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| (4) the full name and mailing address of each person who | 2 |
| has made one or
more contributions to or for such committee | 3 |
| within the reporting period
in an aggregate amount or value in | 4 |
| excess of $150, together with
the amount
and date of such | 5 |
| contributions, and if the contributor is an individual who
| 6 |
| contributed more than $500, the
occupation and employer of the | 7 |
| contributor or, if the occupation and employer
of the | 8 |
| contributor are unknown, a statement that the committee has | 9 |
| made a good
faith effort to ascertain this information;
| 10 |
| (5) the total sum of individual contributions made to or | 11 |
| for such
committee during the reporting period and not reported | 12 |
| under item (4);
| 13 |
| (6) the name and address of each political committee from | 14 |
| which the
reporting committee received, or to which that | 15 |
| committee made, any transfer
of funds, in the aggregate amount | 16 |
| or value in excess of $150,
together
with the amounts and dates | 17 |
| of all transfers;
| 18 |
| (7) the total sum of transfers made to or from such | 19 |
| committee during
the reporting period and not reported under | 20 |
| item (6);
| 21 |
| (8) each loan to or from any person within the reporting | 22 |
| period by or
to such committee in an aggregate amount or value | 23 |
| in excess of
$150,
together with the full names and mailing | 24 |
| addresses of the lender and
endorsers, if any, and the date and | 25 |
| amount of such loans, and if a lender or
endorser is an | 26 |
| individual who loaned or endorsed a loan of more than $500, the
|
|
|
|
HB0007 Enrolled |
- 55 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| occupation and employer of that individual, or if the | 2 |
| occupation and employer
of the individual are unknown, a | 3 |
| statement that the committee has made a good
faith effort to | 4 |
| ascertain this information;
| 5 |
| (9) the total amount of proceeds received by such committee | 6 |
| from (a) the
sale of tickets for each dinner, luncheon, | 7 |
| cocktail party, rally, and other
fund-raising events; (b) mass | 8 |
| collections made at such events; and (c)
sales of items such as | 9 |
| political campaign pins, buttons, badges, flags,
emblems, | 10 |
| hats, banners, literature, and similar materials;
| 11 |
| (10) each contribution, rebate, refund, or other receipt in | 12 |
| excess of
$150 received by such committee not otherwise listed | 13 |
| under items
(4)
through (9), and if the contributor is an | 14 |
| individual who
contributed more than $500, the
occupation and | 15 |
| employer of the contributor or, if the occupation and employer
| 16 |
| of the contributor are unknown, a statement that the committee | 17 |
| has made a good
faith effort to ascertain this information;
| 18 |
| (11) the total sum of all receipts by or for such committee | 19 |
| or candidate
during the reporting period;
| 20 |
| (12) the full name and mailing address of each person to | 21 |
| whom
expenditures have been made by such committee or candidate | 22 |
| within the
reporting period in an aggregate amount or value in | 23 |
| excess of $150,
the
amount, date, and purpose of each such | 24 |
| expenditure and the question of
public policy or the name and | 25 |
| address of, and office sought by, each
candidate on whose | 26 |
| behalf such expenditure was made;
|
|
|
|
HB0007 Enrolled |
- 56 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| (13) the full name and mailing address of each person to | 2 |
| whom an
expenditure for personal services, salaries, and | 3 |
| reimbursed expenses in
excess of $150 has been made, and which | 4 |
| is not otherwise reported,
including the amount, date, and | 5 |
| purpose of such expenditure;
| 6 |
| (14) the total sum of expenditures made by such committee | 7 |
| during the
reporting period;
| 8 |
| (15) the full name and mailing address of each person to | 9 |
| whom the
committee owes debts or obligations in excess of $150, | 10 |
| and the
amount of
such debts or obligations.
| 11 |
| The Board shall by rule define a "good faith effort".
| 12 |
| (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
| 13 |
| (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
| 14 |
| Sec. 9-14.
Each quarterly semi-annual report of campaign | 15 |
| contributions and
expenditures required by Section 9-10 of this | 16 |
| Article to be filed with the
Board or the Board and the county | 17 |
| clerk shall be verified, dated, and
signed by either the | 18 |
| treasurer of the political committee making the report
or the | 19 |
| candidate on whose behalf the report is made, and shall contain
| 20 |
| substantially the following:
| 21 |
| QUARTERLY SEMI-ANNUAL REPORT OF CAMPAIGN
| 22 |
| CONTRIBUTIONS AND EXPENDITURES
| 23 |
| (1) name and address of the political committee:
| 24 |
| .............................................................
| 25 |
| (2) the date of the beginning of the reporting period, and the
|
|
|
|
HB0007 Enrolled |
- 57 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| amount of funds on hand at the beginning of the reporting | 2 |
| period;
| 3 |
| .............................................................
| 4 |
| (3) the full name and mailing address of each person who has | 5 |
| made
one or more contributions to or for the committee within | 6 |
| the reporting period
in an aggregate amount or value in excess | 7 |
| of $150, together with
the amount and
date of such | 8 |
| contributions, and if a contributor is an individual who
| 9 |
| contributed more than $500,
the occupation and employer of each | 10 |
| contributor or, if the
occupation and employer of the | 11 |
| contributor are unknown, a statement that the
committee has | 12 |
| made a good faith effort to ascertain this information:
|
|
13 | | name |
address |
amount |
date |
occupation |
employer |
|
14 | | .... |
....... |
...... |
.... |
.......... |
........ |
|
15 | | .... |
....... |
...... |
.... |
.......... |
........ |
|
16 | | .... |
....... |
...... |
.... |
.......... |
........ |
|
17 | | .... |
....... |
...... |
.... |
.......... |
........ |
|
18 | | .... |
....... |
...... |
.... |
.......... |
........ |
|
19 |
| (4) the total sum of individual contributions made to or for | 20 |
| the
committee during the reporting period and not reported | 21 |
| under item--(3):
| 22 |
| .............................................................
| 23 |
| (5) the name and address of each political committee from which
| 24 |
| the reporting committee received, or to which that committee | 25 |
| made, any
transfer of funds, in an aggregate amount or value in | 26 |
| excess of
$150,
together with the amounts and dates of all |
|
|
|
HB0007 Enrolled |
- 58 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| transfers:
|
|
2 | | name |
address |
amount |
date |
|
3 | | .......... |
.......... |
.......... |
.......... |
|
4 | | .......... |
.......... |
.......... |
.......... |
|
5 | | .......... |
.......... |
.......... |
.......... |
|
6 |
| (6) the total sum of transfers made to or from such committee
| 7 |
| during the reporting period and not reported under item (5);
| 8 |
| (7) each loan to or from any person within the reporting period | 9 |
| by or to
the committee in an aggregate amount or value in | 10 |
| excess of $150,
together with the full names and mailing | 11 |
| addresses of the lender and
endorsers, if any, and the date and | 12 |
| amount of such loans, and if a lender or
endorser is an | 13 |
| individual who loaned or endorsed a loan of more than $500,
the | 14 |
| occupation and employer of each person making the loan, or if | 15 |
| the
occupation and employer
of the individual are unknown, a | 16 |
| statement that the committee has made a good
faith effort to | 17 |
| ascertain this information:
|
|
18 | | name |
address |
amount |
date |
endorsers |
occupation |
employer |
|
19 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
|
20 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
|
21 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
|
22 |
| (8) the total amount of proceeds received by the committee from
| 23 |
| (a) the sale of tickets for each dinner, luncheon, cocktail | 24 |
| party, rally, and
other fund-raising events; (b) mass | 25 |
| collections made at such events; and (c)
sales of items such as | 26 |
| political campaign pins, buttons, badges, flags,
emblems, |
|
|
|
HB0007 Enrolled |
- 59 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| hats, banners, literature, and similar materials:
| 2 |
| (a) ..........................................................
| 3 |
| (b) ..........................................................
| 4 |
| (c) ..........................................................
| 5 |
| (9) each contribution, rebate, refund, or other receipt in | 6 |
| excess of
$150 received by the committee not otherwise listed | 7 |
| under items (3)
through (8), and if a contributor is an | 8 |
| individual who
contributed more than $500,
the occupation and | 9 |
| employer of each contributor or, if the
occupation and employer | 10 |
| of the contributor are unknown, a statement that the
committee | 11 |
| has made a good faith effort to ascertain this information:
|
|
12 | | name |
address |
amount |
date |
endorsers |
occupation |
employer |
|
13 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
|
14 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
|
15 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
|
16 |
| (10) the total sum of all receipts by or for the committee
| 17 |
| during the reporting period:
| 18 |
| .............................................................
| 19 |
| (11) the full name and mailing address of each person to whom
| 20 |
| expenditures have been made by the committee within the | 21 |
| reporting period
in an aggregate amount or value in excess of | 22 |
| $150, the amount,
date, and purpose of each such expenditure, | 23 |
| and the question of public
policy or the name and address of, | 24 |
| and office sought by, each candidate
on whose behalf the | 25 |
| expenditure was made:
|
|
26 | | name |
address |
amount |
date |
purpose |
beneficiary |
|
|
|
|
|
HB0007 Enrolled |
- 60 - |
LRB096 02943 JAM 12957 b |
|
| 1 | | .......... |
....... |
...... |
.... |
....... |
........... |
|
2 | | .......... |
....... |
...... |
.... |
....... |
........... |
|
3 | | .......... |
....... |
...... |
.... |
....... |
........... |
|
4 | | .......... |
....... |
...... |
.... |
....... |
........... |
|
5 | | .......... |
....... |
...... |
.... |
....... |
........... |
|
6 |
| (12) the full name and mailing address of each person to whom | 7 |
| an
expenditure for personal services, salaries, and reimbursed | 8 |
| expenses in excess
of $150 has been made, and which is not | 9 |
| otherwise reported,
including the amount, date, and purpose of | 10 |
| such expenditure:
|
|
11 | | name |
address |
amount |
date |
purpose |
|
12 | | .......... |
.......... |
........ |
........ |
.......... |
|
13 | | .......... |
.......... |
........ |
........ |
.......... |
|
14 | | .......... |
.......... |
........ |
........ |
.......... |
|
15 |
| (13) the total sum of expenditures made by the committee during
| 16 |
| the reporting period;
| 17 |
| .............................................................
| 18 |
| (14) the full name and mailing address of each person to whom
| 19 |
| the committee owes debts or obligations in excess of $150, and | 20 |
| the
amount of
such debts or obligations:
| 21 |
| .............................................................
| 22 |
| .............................................................
| 23 |
| VERIFICATION:
| 24 |
| "I declare that this quarterly semi-annual report of | 25 |
| campaign contributions and
expenditures (including any | 26 |
| accompanying schedules and statements) has
been examined by me |
|
|
|
HB0007 Enrolled |
- 61 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| and to the best of my knowledge and belief is a
true, correct | 2 |
| and complete report as required by Article 9 of The
Election | 3 |
| Code. I understand that willfully filing a
false or incomplete | 4 |
| report is a business offense subject to a fine of up to
| 5 |
| $5,000."
| 6 |
| ................ .......................................
| 7 |
| (date of filing) (signature of person making the report)
| 8 |
| (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99 .)
| 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 closed
preliminary hearing | 12 |
| to determine whether or not the complaint appears to
have been | 13 |
| filed on justifiable grounds. Such closed preliminary hearing
| 14 |
| shall be conducted as soon as practicable after affording | 15 |
| reasonable
notice, a copy of the complaint, and an opportunity | 16 |
| to testify at such
hearing to both the person making the | 17 |
| complaint and the person against whom
the complaint is | 18 |
| 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 |
|
|
|
HB0007 Enrolled |
- 62 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| 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, |
|
|
|
HB0007 Enrolled |
- 63 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| 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 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 founded complaints. The | 19 |
| State Board of Elections shall establish and maintain on its | 20 |
| official website a searchable database, freely accessible to | 21 |
| the public, of each complaint filed with the Board under this | 22 |
| Article where Board action was taken, including all Board | 23 |
| actions and penalties imposed, if any. The Board must update | 24 |
| the database within 5 business days after an action taken or a | 25 |
| penalty imposed to include that complaint, action, or penalty |
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| 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.
| 19 |
| Notwithstanding any other provision of this Section, a | 20 |
| political committee filing a report under subsections (c), (d), | 21 |
| and (e) of 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 |
| (10 ILCS 5/9-28.5 new)
| 15 |
| Sec. 9-28.5. Injunctive relief for electioneering | 16 |
| communications. | 17 |
| (a) Whenever the Attorney General, or a State's Attorney | 18 |
| with jurisdiction over any portion of the relevant electorate, | 19 |
| believes that any person, as defined in Section 9-1.6, is | 20 |
| making, producing, publishing, republishing, or broadcasting | 21 |
| an electioneering communication paid for by any person, as | 22 |
| defined in Section 9-1.6, who has not first complied with the | 23 |
| registration and disclosure requirements of this Article, he or | 24 |
| she may bring an action in the name of the People of the State | 25 |
| of Illinois or, in the case of a State's Attorney, the People |
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| of the County, against such person or persons to restrain by | 2 |
| preliminary or permanent injunction the making, producing, | 3 |
| publishing, republishing, or broadcasting of such | 4 |
| electioneering communication until the registration and | 5 |
| disclosure requirements have been met. | 6 |
| (b) Any person who believes any person, as defined in | 7 |
| Section 9-1.6, is making, producing, publishing, republishing, | 8 |
| or broadcasting an electioneering communication paid for by any | 9 |
| person, as defined in Section 9-1.6, who has not first complied | 10 |
| with the registration and disclosure requirements of this | 11 |
| Article may bring an action in the circuit court against such | 12 |
| person or persons to restrain by preliminary or permanent | 13 |
| injunction the making, producing, publishing, republishing, or | 14 |
| broadcasting of such electioneering communication until the | 15 |
| registration and disclosure requirements have been met. | 16 |
| (10 ILCS 5/9-30)
| 17 |
| Sec. 9-30. Ballot forfeiture. The State Board of Elections | 18 |
| shall not certify the The name of any a person who has not paid | 19 |
| a
civil penalty imposed against his or her political committee | 20 |
| him or her under this Article to shall not appear
upon any | 21 |
| ballot for any office in any election while the penalty is | 22 |
| unpaid.
| 23 |
| The State Board of Elections shall generate a list of all | 24 |
| candidates whose political committees have not paid any civil | 25 |
| penalty assessed against them under this Article. Such list |
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| shall be transmitted to any election authority whose duty it is | 2 |
| to place the name of any such candidate on the ballot. The | 3 |
| election authority shall not place upon the ballot the name of | 4 |
| any candidate appearing on this list for any office in any | 5 |
| election while the penalty is unpaid. | 6 |
| (Source: P.A. 93-615, eff. 11-19-03.) | 7 |
| (10 ILCS 5/9-40 new)
| 8 |
| Sec. 9-40. Public Financing of Judicial Elections Task | 9 |
| Force. | 10 |
| (a) There is hereby established a Public Financing of | 11 |
| Judicial Elections Task Force. The Task Force shall conduct | 12 |
| meetings and take testimony to assess the need for developing a | 13 |
| system of public financing for judicial elections. | 14 |
| (b) The Task Force shall consist of all of the following | 15 |
| voting members: | 16 |
| (1) Four persons appointed by the Governor, with no | 17 |
| more than 2 from the same political party. | 18 |
| (2) Four members of the judiciary appointed by the | 19 |
| Illinois Supreme Court. | 20 |
| (3) One member appointed by the President of the | 21 |
| Senate. | 22 |
| (4) One member appointed by the Minority Leader of the | 23 |
| Senate. | 24 |
| (5) One member appointed by the Speaker of the House of | 25 |
| Representatives. |
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| (6) One member appointed by the Minority Leader of the | 2 |
| House of Representatives. | 3 |
| (7) One member appointed by the State Board of | 4 |
| Elections. | 5 |
| (c) In the event of a vacancy, the appointment to fill the | 6 |
| vacancy shall be made by the appointing authority that made the | 7 |
| original appointment. The Task Force may begin to conduct | 8 |
| business upon the appointment of a majority of the voting | 9 |
| members. | 10 |
| (d) The State Board of Elections shall be the agency | 11 |
| responsible for providing staff and administrative support to | 12 |
| the Task Force. Members of the Task Force shall receive no | 13 |
| compensation for their participation, but may be reimbursed for | 14 |
| expenses in connection with their participation, if funds are | 15 |
| available. | 16 |
| (e) The Task Force shall submit a report to the Governor, | 17 |
| General Assembly, and Illinois Supreme Court by January 1, | 18 |
| 2012. The State Board of Elections shall make the report | 19 |
| available on its website. | 20 |
| (f) The Task Force is abolished on January 10, 2012, and | 21 |
| this Section is repealed on January 10, 2012. | 22 |
| Section 97. Severability. The provisions of this Act are | 23 |
| severable under Section 1.31 of the Statute on Statutes. | 24 |
| Section 99. Effective date. This Act takes effect January | 25 |
| 1, 2011, except that this Section and the changes to Sections |
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| 7-8, 9-1.14, 9-28.5, 9-30, and 9-40 of the Election Code take | 2 |
| effect upon becoming law.
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