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90_HB0672
SEE INDEX
Amends the Election Code. Deletes the requirement that
personal information disclosed by a person examining a
statement or report of a political committee be furnished to
the committee. Provides that, in addition to other
information, the occupation and employer of a person making a
contribution shall be reported. Raises to $2,000 (now
$1,000) the aggregate amount of contributions or expenditures
a political committee may accept or make before filing the
required reports. Raises to $250 (now $150) the limit for
itemized individual contributions to and transfers from a
political committee that must be reported. Provides the
Board may assess a civil penalty not to exceed $5,000 (now
$1,000) for violations of the Article concerning campaign
contributions and expenditures. Provides that the Board may
assess a civil penalty if a political committee fails to
report within 2 days a contribution of $500 or more received
during the period between the committee's last report and the
date of the election. Makes other changes. Effective
immediately.
LRB9003586MWpc
LRB9003586MWpc
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 9-1.7, 9-1.8, 9-1.9, 9-10, 9-11, 9-12, 9-13, 9-14,
6 9-17, and 9-23 as follows:
7 (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
8 Sec. 9-1.7. "Local political committee" means the
9 candidate himself or any individual, trust, partnership,
10 committee, association, corporation, or any other
11 organization or group of persons which--
12 (a) accepts contributions or grants or makes
13 expenditures during any 12-month period in an aggregate
14 amount exceeding $2,000 $1,000 on behalf of or in opposition
15 to a candidate or candidates for public office who are
16 required by the Illinois Governmental Ethics Act to file
17 statements of economic interests with the county clerk, or on
18 behalf of or in opposition to a candidate or candidates for
19 election to the office of ward or township committeeman in
20 counties of 3,000,000 or more population.
21 (b) accepts contributions or makes expenditures during
22 any 12-month period in an aggregate amount exceeding $2,000
23 $1,000 in support of or in opposition to any question of
24 public policy to be submitted to the electors of an area
25 encompassing no more than one county, or
26 (c) accepts contributions or makes expenditures during
27 any 12-month period in an aggregate amount exceeding $2,000
28 $1,000 and has as its primary purpose the furtherance of
29 governmental, political or social values, is organized on a
30 not-for-profit basis, and which publicly endorses or publicly
31 opposes a candidate or candidates for public office who are
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1 required by the Illinois Governmental Ethics Act to file
2 statements of economic interest with the County Clerk or a
3 candidate or candidates for the office of ward or township
4 committeeman in counties of 3,000,000 or more population.
5 (Source: P.A. 89-405, eff. 11-8-95.)
6 (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
7 Sec. 9-1.8. "State political committee" means the
8 candidate himself or any individual, trust, partnership,
9 committee, association, corporation, or any other
10 organization or group of persons which--
11 (a) accepts contributions or grants or makes
12 expenditures during any 12-month period in an aggregate
13 amount exceeding $2,000 $1,000 on behalf of or in opposition
14 to a candidate or candidates for public office who are
15 required by the Illinois Governmental Ethics Act to file
16 statements of economic interests with the Secretary of State,
17 (b) accepts contributions or makes expenditures during
18 any 12-month period in an aggregate amount exceeding $3,000
19 in support of or in opposition to any question of public
20 policy to be submitted to the electors of an area
21 encompassing more than one county, or
22 (c) accepts contributions or makes expenditures during
23 any 12-month period in an aggregate amount exceeding $2,000
24 $1,000 ($3,000 in the case of question of public policy to be
25 submitted to the electors of an area encompassing more than
26 one county) and has as its primary purpose the furtherance of
27 governmental, political or social values, is organized on a
28 not-for-profit basis, and which publicly endorses or publicly
29 opposes a candidate or candidates for public office who are
30 required by the Illinois Governmental Ethics Act to file
31 statements of economic interest with the Secretary of State.
32 (Source: P.A. 80-1495.)
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1 (10 ILCS 5/9-1.9) (from Ch. 46, par. 9-1.9)
2 Sec. 9-1.9. "Political committee" includes State central
3 and county central committees of any political party, and
4 also includes local political committees and state political
5 committees, but does not include any candidate who does not
6 accept contributions or make expenditures during any 12-month
7 period in an aggregate amount exceeding $2,000 $1,000, nor
8 does it include, with the exception of State central and
9 county central committees of any political party, any
10 individual, trust, partnership, committee, association,
11 corporation, or any other organization or group of persons
12 which does not accept contributions or make expenditures
13 during any 12-month period in an aggregate amount exceeding
14 $2,000 $1,000 on behalf of or in opposition to a candidate or
15 candidates or to any question of public policy to be
16 submitted to the electors of an area encompassing no more
17 than one county (or $3,000 in support of or in opposition to
18 any question of public policy to be submitted to the electors
19 of an area encompassing more than one county), and such
20 candidates and persons shall not be required to comply with
21 any filing provisions in this Article.
22 (Source: P.A. 80-767.)
23 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
24 Sec. 9-10. Reports of campaign contributions;
25 semi-annual reports; preservation.
26 (a) The treasurer of every state political committee and
27 the treasurer of every local political committee shall file
28 with the Board, and the treasurer of every local political
29 committee shall file with the county clerk, reports of
30 campaign contributions, and semi-annual reports of campaign
31 contributions and expenditures on forms to be prescribed or
32 approved by the Board. The treasurer of every political
33 committee that acts as both a state political committee and a
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1 local political committee shall file a copy of each report
2 with the State Board of Elections and the county clerk.
3 (b) Reports of campaign contributions shall be filed no
4 later than the 15th day next preceding each election
5 including a primary election in connection with which the
6 political committee has accepted or is accepting
7 contributions or has made or is making expenditures. Such
8 reports shall be complete as of the 30th day next preceding
9 each election including a primary election, except that any
10 contribution of $500 or more received in the interim between
11 the last date of the period covered by the last report filed
12 prior to the election and the date of the election shall be
13 reported within 2 business days after its receipt. The Board
14 shall assess a civil penalty not to exceed $5,000 for a
15 violation of this subsection (b). However, a continuing
16 political committee that neither accepts contributions nor
17 makes expenditures on behalf of or in opposition to any
18 candidate or public question on the ballot at an election
19 shall not be required to file the reports heretofore
20 prescribed but may file in lieu thereof a Statement of
21 Nonparticipation in the Election with the Board or the Board
22 and the county clerk.
23 (c) In addition to such reports the treasurer of every
24 political committee shall file semi-annual reports of
25 campaign contributions and expenditures no later than July
26 31st, covering the period from January 1st through June 30th
27 immediately preceding, and no later than January 31st,
28 covering the period from July 1st through December 31st of
29 the preceding calendar year. Reports of contributions and
30 expenditures must be filed to cover the prescribed time
31 periods even though no contributions or expenditures may have
32 been received or made during the period. The Board shall
33 assess a civil penalty not to exceed $5,000 for a violation
34 of this subsection (c).
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1 (d) A copy of each report or statement filed under this
2 Article shall be preserved by the person filing it for a
3 period of two years from the date of filing.
4 (Source: P.A. 86-873.)
5 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
6 Sec. 9-11. Each report of campaign contributions under
7 Section 9-10 shall disclose-
8 (1) the name and address of the political committee;
9 (2) the scope, area of activity, party affiliation,
10 candidate affiliation, and purposes of the political
11 committee;
12 (3) the amount of funds on hand at the beginning of the
13 reporting period;
14 (4) the full name and mailing address of each person who
15 has made one or more contributions to or for such committee
16 within the reporting period in an aggregate amount or value
17 in excess of $250 $150, together with the amount and date of
18 such contributions, and if the contributor is an individual,
19 the occupation and employer of the contributor;
20 (5) the total sum of individual contributions made to or
21 for such committee during the reporting period and not
22 reported under item (4);
23 (6) the name and address of each political committee
24 from which the reporting committee received, or to which that
25 committee made, any transfer of funds, in any aggregate
26 amount or value in excess of $250 $150, together with the
27 amounts and dates of all transfers;
28 (7) the total sum of transfers made to or from such
29 committee during the reporting period and not reported under
30 item (6);
31 (8) each loan to or from any person within the reporting
32 period by or to such committee in an aggregate amount or
33 value in excess of $250 $150, together with the full names
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1 and mailing addresses of the lender and endorsers, if any,
2 and the date and amount of such loans, and if a lender or
3 endorser is an individual, the occupation and employer of
4 that individual;
5 (9) the total amount of proceeds received by such
6 committee from (a) the sale of tickets for each dinner,
7 luncheon, cocktail party, rally, and other fund-raising
8 events; (b) mass collections made at such events; and (c)
9 sales of items such as political campaign pins, buttons,
10 badges, flags, emblems, hats, banners, literature, and
11 similar materials;
12 (10) each contribution, rebate, refund, or other receipt
13 in excess of $250 $150 received by such committee not
14 otherwise listed under items (4) through (9), and if the
15 contributor is an individual, the occupation and employer of
16 the contributor;
17 (11) the total sum of all receipts by or for such
18 committee or candidate during the reporting period.
19 The reports of campaign contributions filed under this
20 Article shall be cumulative during the reporting period to
21 which they relate, but where there has been no change in an
22 item reported in a previous report during such year, only the
23 amount need be carried forward.
24 (Source: P.A. 86-873.)
25 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
26 Sec. 9-12. Each report of campaign contributions
27 required by Section 9-10 of this Article to be filed with the
28 Board or the Board and the county clerk shall be verified,
29 dated, and signed by either the treasurer of the political
30 committee making the report or the candidate on whose behalf
31 the report is made, and shall contain substantially the
32 following:
33 REPORT OF CAMPAIGN CONTRIBUTIONS
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1 (1) name and address of the political committee:
2 .............................................................
3 (2) scope, area of activity, party affiliation, candidate
4 affiliation, and purposes of the political committee:
5 .............................................................
6 .............................................................
7 .............................................................
8 .............................................................
9 (3) the date of the beginning of the reporting period, and
10 the amount of funds on hand at the beginning of the reporting
11 period:
12 .............................................................
13 (4) the full name and mailing address of each person who has
14 made one or more contributions to or for the committee within
15 the reporting period in an aggregate amount or value in
16 excess of $250 $150, together with the amount and date of
17 such contributions, and if the person is an individual, the
18 occupation and employer of each contributor:
19 name address amount date occupation employer
20 .... ....... ...... .... .......... ........
21 .... ....... ...... .... .......... ........
22 .... ....... ...... .... .......... ........
23 .... ....... ...... .... .......... ........
24 .... ....... ...... .... .......... ........
25 (5) the total sum of individual contributions made to or for
26 the committee during the reporting period and not reported
27 under item (4) -
28 .............................................................
29 (6) the name and address of each political committee from
30 which the reporting committee received, or to which that
31 committee made, any transfer of funds, in an aggregate amount
32 or value in excess of $250 $150, together with the amounts
33 and dates of all transfers:
34 name address amount date
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1 .......... .......... .......... ..........
2 .......... .......... .......... ..........
3 .......... .......... .......... ..........
4 (7) the total sum of transfers made to or from such
5 committee during the reporting period and not under item (6):
6 .............................................................
7 (8) each loan to or from any person within the reporting
8 period by or to the committee in an aggregate amount or value
9 in excess of $250 $150, together with the full names and
10 mailing addresses of the lender and endorsers, if any, and
11 the date and amount of such loans, and the occupation and
12 employer of each person making the loan:
13 (9) the total amount of proceeds received by the committee
14 from (a) the sale of tickets for each dinner, luncheon,
15 cocktail party, rally, and other fund-raising events; (b)
16 mass collections made at such events; and (c) sales of items
17 such as political campaign pins, buttons, badges, flags,
18 emblems, hats, banners, literature, and similar materials:
19 (a)..........................................................
20 (b)..........................................................
21 (c)..........................................................
22 (10) each contribution, rebate, refund, or other receipt in
23 excess of $250 $150 received by the committee not otherwise
24 listed under items (4) through (9), and if the person is an
25 individual, the occupation and employer of each contributor:
26 name address amount date occupation employer
27 .... ....... ...... .... .......... ........
28 .... ....... ...... .... .......... ........
29 .... ....... ...... .... .......... ........
30 .... ....... ...... .... .......... ........
31 .... ....... ...... .... .......... ........
32 (11) the total sum of all receipts by or for the committee
33 during the reporting period:
34 .............................................................
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1 VERIFICATION:
2 "I declare that this report of campaign contributions
3 (including any accompanying schedules and statements) has
4 been examined by me and to the best of my knowledge and
5 belief is a true, correct and complete report as required by
6 Article 9 of The Election Code. I understand that the penalty
7 for willfully filing a false or incomplete statement shall be
8 a fine not to exceed $500 or imprisonment in a penal
9 institution other than the penitentiary not to exceed 6
10 months, or both fine and imprisonment."
11 .............................................................
12 (date of filing) (signature of person making the report)
13 (Source: P.A. 86-873.)
14 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
15 Sec. 9-13. Each semi-annual report of campaign
16 contributions and expenditures under Section 9-10 shall
17 disclose-
18 (1) the name and address of the political committee;
19 (2) the scope, area of activity, party affiliation,
20 candidate affiliation, and purposes of the political
21 committee;
22 (3) the amount of funds on hand at the beginning of the
23 reporting period;
24 (4) the full name and mailing address of each person who
25 has made one or more contributions to or for such committee
26 within the reporting period in an aggregate amount or value
27 in excess of $250 $150, together with the amount and date of
28 such contributions, and if the contributor is an individual,
29 the occupation and employer of the contributor;
30 (5) the total sum of individual contributions made to or
31 for such committee during the reporting period and not
32 reported under item (4);
33 (6) the name and address of each political committee
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1 from which the reporting committee received, or to which that
2 committee made, any transfer of funds, in the aggregate
3 amount or value in excess of $250 $150, together with the
4 amounts and dates of all transfers;
5 (7) the total sum of transfers made to or from such
6 committee during the reporting period and not reported under
7 item (6);
8 (8) each loan to or from any person within the reporting
9 period by or to such committee in an aggregate amount or
10 value in excess of $250 $150, together with the full names
11 and mailing addresses of the lender and endorsers, if any,
12 and the date and amount of such loans and if a lender or
13 endorser is an individual the occupation and employer of that
14 individual;
15 (9) the total amount of proceeds received by such
16 committee from (a) the sale of tickets for each dinner,
17 luncheon, cocktail party, rally, and other fund-raising
18 events; (b) mass collections made at such events; and (c)
19 sales of items such as political campaign pins, buttons,
20 badges, flags, emblems, hats, banners, literature, and
21 similar materials;
22 (10) each contribution, rebate, refund, or other receipt
23 in excess of $250 $150 received by such committee not
24 otherwise listed under items (4) through (9);
25 (11) the total sum of all receipts by or for such
26 committee or candidate during the reporting period;
27 (12) the full name and mailing address of each person to
28 whom expenditures have been made by such committee or
29 candidate within the reporting period in an aggregate amount
30 or value in excess of $250 $150, the amount, date, and
31 purpose of each such expenditure and the question of public
32 policy or the name and address of, and office sought by, each
33 candidate on whose behalf such expenditure was made;
34 (13) the full name and mailing address of each person to
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1 whom an expenditure for personal services, salaries, and
2 reimbursed expenses in excess of $250 $150 has been made, and
3 which is not otherwise reported, including the amount, date,
4 and purpose of such expenditure;
5 (14) the total sum of expenditures made by such
6 committee during the reporting period;
7 (15) the full name and mailing address of each person to
8 whom the committee owes debts or obligations in excess of
9 $150, and the amount of such debts or obligations.
10 (Source: P.A. 86-873.)
11 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
12 Sec. 9-14. Each semi-annual report of campaign
13 contributions and expenditures required by Section 9-10 of
14 this Article to be filed with the Board or the Board and the
15 county clerk shall be verified, dated, and signed by either
16 the treasurer of the political committee making the report or
17 the candidate on whose behalf the report is made, and shall
18 contain substantially the following:
19 SEMI-ANNUAL REPORT OF CAMPAIGN
20 CONTRIBUTIONS AND EXPENDITURES
21 (1) name and address of the political committee:
22 .............................................................
23 (2) scope, area of activity, party affiliation, candidate
24 affiliation, and purposes of the political committee:
25 .............................................................
26 .............................................................
27 .............................................................
28 .............................................................
29 (3) the date of the beginning of the reporting period, and
30 the amount of funds on hand at the beginning of the reporting
31 period;
32 .............................................................
33 (4) the full name and mailing address of each person who has
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1 made one or more contributions to or for the committee within
2 the reporting period in an aggregate amount or value in
3 excess of $250 $150, together with the amount and date of
4 such contributions, and if the contributor is an individual;
5 the occupation and employer of the contributor:
6 name address amount date occupation employer
7 .... ....... ...... .... .......... ........
8 .... ....... ...... .... .......... ........
9 .... ....... ...... .... .......... ........
10 .... ....... ...... .... .......... ........
11 .... ....... ...... .... .......... ........
12 (5) the total sum of individual contributions made to or for
13 the committee during the reporting period and not reported
14 under item--(4):
15 .............................................................
16 (6) the name and address of each political committee from
17 which the reporting committee received, or to which that
18 committee made, any transfer of funds, in an aggregate amount
19 or value in excess of $250 $150, together with the amounts
20 and dates of all transfers:
21 name address amount date
22 .......... .......... .......... ..........
23 .......... .......... .......... ..........
24 .......... .......... .......... ..........
25 (7) the total sum of transfers made to or from such
26 committee during the reporting period and not reported under
27 item (6);
28 (8) each loan to or from any person within the reporting
29 period by or to the committee in an aggregate amount or value
30 in excess of $250 $150, together with the full names and
31 mailing addresses of the lender and endorsers, if any, and
32 the date and amount of such loans, and the occupation and
33 employer of each person making the loan:
34 name address amount date endorsers occupation employer
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1 .... ....... ...... .... ......... .......... ........
2 .... ....... ...... .... ......... .......... ........
3 .... ....... ...... .... ......... .......... ........
4 (9) the total amount of proceeds received by the committee
5 from (a) the sale of tickets for each dinner, luncheon,
6 cocktail party, rally, and other fund-raising events; (b)
7 mass collections made at such events; and (c) sales of items
8 such as political campaign pins, buttons, badges, flags,
9 emblems, hats, banners, literature, and similar materials:
10 (a)..........................................................
11 (b)..........................................................
12 (c)..........................................................
13 (10) each contribution, rebate, refund, or other receipt in
14 excess of $250 $150 received by the committee not otherwise
15 listed under items (4) through (9):
16 name address amount date
17 .......... .......... .......... ..........
18 .......... .......... .......... ..........
19 (11) the total sum of all receipts by or for the committee
20 during the reporting period:
21 .............................................................
22 (12) the full name and mailing address of each person to
23 whom expenditures have been made by the committee within the
24 reporting period in an aggregate amount or value in excess of
25 $250 $150, the amount, date, and purpose of each such
26 expenditure, and the question of public policy or the name
27 and address of, and office sought by, each candidate on whose
28 behalf the expenditure was made:
29 name address amount date purpose beneficiary
30 .......... ....... ...... .... ....... ...........
31 .......... ....... ...... .... ....... ...........
32 .......... ....... ...... .... ....... ...........
33 .......... ....... ...... .... ....... ...........
34 .......... ....... ...... .... ....... ...........
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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 $250 $150 has been made, and
4 which is not otherwise reported, including the amount, date,
5 and purpose of such expenditure:
6 name address amount date purpose
7 .......... .......... ........ ........ ..........
8 .......... .......... ........ ........ ..........
9 .......... .......... ........ ........ ..........
10 (14) the total sum of expenditures made by the committee
11 during the reporting period;
12 .............................................................
13 (15) the full name and mailing address of each person to
14 whom the committee owes debts or obligations in excess of
15 $250 $150, and the amount of such debts or obligations:
16 .............................................................
17 .............................................................
18 VERIFICATION:
19 "I declare that this semi-annual report of campaign
20 contributions and expenditures (including any accompanying
21 schedules and statements) has been examined by me and to the
22 best of my knowledge and belief is a true, correct and
23 complete report as required by Article 9 of The Election
24 Code. I understand that the penalty for willfully filing a
25 false or incomplete report shall be a fine not to exceed $500
26 or imprisonment in a penal institution other than the
27 penitentiary not to exceed 6 months, or both fine and
28 imprisonment."
29 ................ .......................................
30 (date of filing) (signature of person making the report)
31 (Source: P.A. 86-873.)
32 (10 ILCS 5/9-17) (from Ch. 46, par. 9-17)
33 Sec. 9-17. All statements and reports filed under this
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1 Article with the board or county clerk shall be available for
2 examination and copying by the public at all reasonable
3 times. Such person examining a statement or report must first
4 fill out a form prepared by the Board identifying the
5 examiner by name, occupation, address and telephone number,
6 and listing the date of examination and reason for such
7 examination. The board shall supply such forms to the county
8 clerks annually and replenish such forms upon request.
9 The Board or county clerk, as the case may be, shall
10 promptly notify each political committee required to file a
11 statement or report under this Article of each instance of an
12 examination of its statement or report by sending it a
13 duplicate original of the identification form filled out by
14 the person examining its report.
15 Any person who alters or falsifies information on a copy
16 of a statement or report obtained from the State Board of
17 Elections or the county clerk pursuant to Article 9 of this
18 Code and publishes, circulates or distributes such altered or
19 falsified information with the intent to misrepresent
20 contributions received or expenditures made by a candidate or
21 political committee shall be guilty of a Class B misdemeanor.
22 Any person who shall sell or utilize information copied
23 from statements and reports filed with the State Board of
24 Elections or the county clerk pursuant to Article 9 of this
25 Code for the purpose of soliciting contributions or for the
26 purpose of business solicitation shall be guilty of a Class B
27 misdemeanor.
28 (Source: P.A. 81-310.)
29 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
30 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
31 has issued an order, or has approved a written stipulation,
32 agreed settlement or consent order, directing a person
33 determined by the Board to be in violation of any provision
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1 of this Article or any regulation adopted thereunder, to
2 cease or correct such violation or otherwise comply with this
3 Article and such person fails or refuses to comply with such
4 order, stipulation, settlement or consent order within the
5 time specified by the Board, the Board, after affording
6 notice and an opportunity for a public hearing, may impose a
7 civil penalty on such person in an amount not to exceed
8 $5,000 $1,000.
9 Civil penalties imposed on any such person by the Board
10 shall be enforceable in the Circuit Court. The Board shall
11 petition the Court for an order to enforce collection of the
12 penalty and, if the Court finds it has jurisdiction over the
13 person against whom the penalty was imposed, the Court shall
14 issue the appropriate order. Any civil penalties collected
15 by the Court shall be forwarded to the State Treasurer.
16 In addition to or in lieu of the imposition of a civil
17 penalty, the board may report such violation and the failure
18 or refusal to comply with the order of the Board to the
19 Attorney General and the appropriate State's Attorney.
20 (Source: P.A. 83-540.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/9-1.7 from Ch. 46, par. 9-1.7
4 10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8
5 10 ILCS 5/9-1.9 from Ch. 46, par. 9-1.9
6 10 ILCS 5/9-10 from Ch. 46, par. 9-10
7 10 ILCS 5/9-11 from Ch. 46, par. 9-11
8 10 ILCS 5/9-12 from Ch. 46, par. 9-12
9 10 ILCS 5/9-13 from Ch. 46, par. 9-13
10 10 ILCS 5/9-14 from Ch. 46, par. 9-14
11 10 ILCS 5/9-17 from Ch. 46, par. 9-17
12 10 ILCS 5/9-23 from Ch. 46, par. 9-23