Full Text of HB0874 101st General Assembly
HB0874 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0874 Introduced , by Rep. Grant Wehrli SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/9-10 | from Ch. 46, par. 9-10 |
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Amends the Election Code. Requires political committees to include a copy or image of any receipt received for any expenditure that must be reported. Allows the State Board of Elections to adopt rules to implement the requirements. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 9-10 as follows: | 6 | | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 7 | | Sec. 9-10. Disclosure of contributions and expenditures.
| 8 | | (a) The treasurer of every political committee shall file | 9 | | with the
Board reports of campaign contributions and | 10 | | expenditures as required by this Section on forms to be
| 11 | | prescribed or approved by the Board.
| 12 | | (b) Every political committee shall file quarterly reports | 13 | | of campaign contributions, expenditures, and independent | 14 | | expenditures. The reports shall cover the period January 1 | 15 | | through March 31, April 1 through June 30, July 1 through | 16 | | September 30, and October 1 through December 31 of each year. A | 17 | | political committee shall file quarterly reports no later than | 18 | | the 15th day of the month following each period. Reports of | 19 | | contributions and expenditures must be filed to cover the | 20 | | prescribed time periods even though no contributions or | 21 | | expenditures may have been received or made during the period. | 22 | | The Board shall assess a civil penalty not to exceed $5,000 for | 23 | | failure to file a report required by this subsection. The fine, |
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| 1 | | however, shall not exceed $1,000 for a first violation if the | 2 | | committee files less than 10 days after the deadline. There | 3 | | shall be no fine if the report is mailed and postmarked at | 4 | | least 72 hours prior to the filing deadline. When considering | 5 | | the amount of the fine to be imposed, the Board shall consider | 6 | | whether the violation was committed inadvertently, | 7 | | negligently, knowingly, or intentionally and any past | 8 | | violations of this Section. | 9 | | (c) A political committee shall file a report of any | 10 | | contribution of $1,000 or more electronically with the Board | 11 | | within 5 business days after receipt of the contribution, | 12 | | except that the report shall be filed within 2 business days | 13 | | after receipt if (i) the contribution is received 30 or fewer | 14 | | days before the date of an election and (ii) the political | 15 | | committee supports or opposes a candidate or public question on | 16 | | the ballot at that election or makes expenditures in excess of | 17 | | $500 on behalf of or in opposition to a candidate, candidates, | 18 | | a public question, or public questions on the ballot at that | 19 | | election.
The State Board shall allow filings of reports of | 20 | | contributions of $1,000 or more by political committees that | 21 | | are not required to file electronically to be made by facsimile | 22 | | transmission. The Board shall assess a civil penalty for | 23 | | failure to file a report required by this subsection. Failure | 24 | | to report each contribution is a separate violation of this | 25 | | subsection. The Board shall impose fines for willful or wanton | 26 | | violations of this subsection (c) not to exceed 150% of the |
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| 1 | | total amount of the contributions that were untimely reported, | 2 | | but in no case shall it be less than 10% of the total amount of | 3 | | the contributions that were untimely reported. When | 4 | | considering the amount of the fine to be imposed for willful or | 5 | | wanton violations, the Board shall consider the number of days | 6 | | the contribution was reported late and past violations of this | 7 | | Section and Section 9-3. The Board may impose a fine for | 8 | | negligent or inadvertent violations of this subsection not to | 9 | | exceed 50% of the total amount of the contributions that were | 10 | | untimely reported, or the Board may waive the fine. When | 11 | | considering whether to impose a fine and the amount of the | 12 | | fine, the Board shall consider the following factors: (1) | 13 | | whether the political committee made an attempt to disclose the | 14 | | contribution and any attempts made to correct the violation, | 15 | | (2) whether the violation is attributed to a clerical or | 16 | | computer error, (3) the amount of the contribution, (4) whether | 17 | | the violation arose from a discrepancy between the date the | 18 | | contribution was reported transferred by a political committee | 19 | | and the date the contribution was received by a political | 20 | | committee, (5) the number of days the contribution was reported | 21 | | late, and (6) past violations of this Section and Section 9-3 | 22 | | by the political committee. | 23 | | (d) For the purpose of this Section, a contribution is | 24 | | considered received on the date (i) a monetary contribution was | 25 | | deposited in a bank, financial institution, or other repository | 26 | | of funds for the committee, (ii) the date a committee receives |
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| 1 | | notice a monetary contribution was deposited by an entity used | 2 | | to process financial transactions by credit card or other | 3 | | entity used for processing a monetary contribution that was | 4 | | deposited in a bank, financial institution, or other repository | 5 | | of funds for the committee, or (iii) the public official, | 6 | | candidate, or political committee receives the notification of | 7 | | contribution of goods or services as required under subsection | 8 | | (b) of Section 9-6. | 9 | | (e) A political committee that makes independent | 10 | | expenditures of $1,000 or more shall file a report | 11 | | electronically with the Board within 5 business days after | 12 | | making the independent expenditure, except that the report | 13 | | shall be filed within 2 business days after making the | 14 | | independent expenditure during the 60-day period before an | 15 | | election.
| 16 | | (e-5) An independent expenditure committee that makes an | 17 | | independent expenditure supporting or opposing a public | 18 | | official or candidate that, alone or in combination with any | 19 | | other independent expenditure made by that independent | 20 | | expenditure committee supporting or opposing that public | 21 | | official or candidate during the election cycle, equals an | 22 | | aggregate value of more than (i) $250,000 for statewide office | 23 | | or (ii) $100,000 for all other elective offices must file a | 24 | | written disclosure with the State Board of Elections within 2 | 25 | | business days after making any expenditure that results in the | 26 | | independent expenditure committee exceeding the applicable |
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| 1 | | threshold. The Board shall assess a civil penalty against an | 2 | | independent expenditure committee for failure to file the | 3 | | disclosure required by this subsection not to exceed (i) $500 | 4 | | for an initial failure to file the required disclosure and (ii) | 5 | | $1,000 for each subsequent failure to file the required | 6 | | disclosure.
| 7 | | (f) A copy of each report or statement filed under this | 8 | | Article
shall be
preserved by the person filing it for a period | 9 | | of two years from the
date of filing.
| 10 | | (g) Political committees shall include a copy or image of | 11 | | any receipt received for any expenditure that must be reported | 12 | | under this Section. The Board may adopt rules to implement the | 13 | | requirements of this subsection (g). | 14 | | (Source: P.A. 99-437, eff. 1-1-16 .)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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