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90_HB0729
10 ILCS 5/9-3 from Ch. 46, par. 9-3
10 ILCS 5/9-4 from Ch. 46, par. 9-4
10 ILCS 5/9-5 from Ch. 46, par. 9-5
10 ILCS 5/9-6.5 new
10 ILCS 5/9-11 from Ch. 46, par. 9-11
10 ILCS 5/9-12 from Ch. 46, par. 9-12
10 ILCS 5/9-13 from Ch. 46, par. 9-13
10 ILCS 5/9-14 from Ch. 46, par. 9-14
10 ILCS 5/9-21 from Ch. 46, par. 9-21
Amends the Election Code. Provides that a political
committee shall file a statement of organization within 10
business days (now 30 days). Deletes requirement that the
statement of organization contain a statement of whether the
committee is a continuing one. Requires a political
committee that dissolves to submit a final report to the
State Board of Elections regarding the disposition of its
funds and assets (now funds). Requires an individual who
makes a contribution to a political committee during the
specified reporting period in excess of $150 to identify his
or her occupation and employer. Deletes the requirement that
the scope, area of activity, party affiliation, and purpose
of the political committee be included in reports of campaign
contributions. Requires the State Board of Elections to
render a final decision on a complaint within 60 days (now 42
days if the complaint is directed to an elected public
official or 21 days if the complaint is directed to a
candidate) of receiving a complaint except when the complaint
is filed during the 60 days before an election. Makes other
changes. Effective January 1, 1998.
LRB9000666MWpc
LRB9000666MWpc
1 AN ACT to amend the Election Code by changing Sections
2 9-3, 9-4, 9-5, 9-11, 9-12, 9-13, 9-14, and 9-21 and by adding
3 Section 9-6.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Election Code is amended by changing
7 Sections 9-3, 9-4, 9-5, 9-11, 9-12, 9-13, 9-14, and 9-21 and
8 by adding Section 9-6.5 as follows:
9 (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
10 Sec. 9-3. Every state political committee and every
11 local political committee shall file with the State Board of
12 Elections, and every local political committee shall file
13 with the county clerk, a statement of organization within 10
14 business 30 days of the creation of such committee, except
15 any political committee created within the 30 days before an
16 election shall file a statement of organization within 5
17 business days. A political committee that acts as both a
18 state political committee and a local political committee
19 shall file a copy of each statement of organization with the
20 State Board of Elections and the county clerk.
21 The statement of organization shall include -
22 (a) the name and address of the political committee;
23 (b) the scope, area of activity, party affiliation,
24 candidate affiliation and his county of residence, and
25 purposes of the political committee;
26 (c) the name, address, and position of each custodian of
27 the committee's books and accounts;
28 (d) the name, address, and position of the committee's
29 principal officers, including the chairman, treasurer, and
30 officers and members of its finance committee, if any;
31 (e) (Blank); a statement whether the committee is a
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1 continuing one;
2 (f) a statement of what specific disposition of residual
3 fund will be made in the event of the dissolution or
4 termination of the committee;
5 (g) a listing of all banks or other financial
6 institutions, safety deposit boxes, and any other
7 repositories or custodians of funds used by the committee;
8 (h) the amount of funds available for campaign
9 expenditures as of the filing date of the committee's
10 statement of organization.
11 (Source: P.A. 86-873.)
12 (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
13 Sec. 9-4. The statement of organization required by this
14 Article to be filed in accordance with Section 9-3 shall be
15 verified, dated, and signed by either the treasurer of the
16 political committee making the statement or the candidate on
17 whose behalf the statement is made, and shall contain
18 substantially the following:
19 STATEMENT OF ORGANIZATION
20 (a) name and address of the political committee:
21 .............................................................
22 (b) scope, area of activity, party affiliation,
23 candidate affiliation and his county of residence, and
24 purposes of the political committee:
25 .............................................................
26 .............................................................
27 .............................................................
28 .............................................................
29 (c) name, address, and position of each custodian of the
30 committee's books and accounts:
31 .............................................................
32 .............................................................
33 (d) name, address, and position of the committee's
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1 principal officers, including the chairman, treasurer, and
2 officers and members of its finance committee, if any:
3 .............................................................
4 .............................................................
5 .............................................................
6 (e) a statement whether the committee is a continuing
7 one:
8 .............................................................
9 (e) (f) a statement of what specific disposition of
10 residual funds will be made in the event of the dissolution
11 or termination of the committee:
12 .............................................................
13 .............................................................
14 (f) (g) a listing of all banks or other financial
15 institutions, safety deposit boxes, and any other
16 repositories or custodians of funds used by the committee:
17 .............................................................
18 .............................................................
19 (g) (h) the amount of funds available for campaign
20 expenditures as of the filing date of the committee's
21 statement of organization:
22 .............................................................
23 VERIFICATION:
24 "I declare that this statement of organization (including
25 any accompanying schedules and statements) has been examined
26 by me and to the best of my knowledge and belief is a true,
27 correct and complete statement of organization as required by
28 Article 9 of The Election Code. I understand that the penalty
29 for willfully filing a false or incomplete statement shall be
30 a fine not to exceed $500 or imprisonment in a penal
31 institution other than the penitentiary not to exceed 6
32 months, or both fine and imprisonment."
33 ................ ..........................................
34 (date of filing) (signature of person making the statement)
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1 (Source: P.A. 86-873.)
2 (10 ILCS 5/9-5) (from Ch. 46, par. 9-5)
3 Sec. 9-5. Any change in information previously
4 submitted in a statement of organization except for
5 information submitted under Section 9-3 (h) shall be
6 reported, as required of statements of organization by
7 Section 9-3 of this Article, within 10 days following such
8 change.
9 Any political committee which, after having filed a
10 statement of organization, dissolves as a political committee
11 or determines that it will no longer receive any campaign
12 contributions nor make any campaign expenditures shall notify
13 the Board, or the Board and the county clerk, as required of
14 statements of organization by Section 9-3 of this Article, of
15 that fact and file with the Board, or the Board and the
16 county clerk, as required of statements of organization by
17 Section 9-3 of this Article, a final report with respect to
18 its contributions and expenditures, including the final
19 disposition of its funds and assets.
20 In the event that a political committee dissolves, all
21 contributions in its possession, after payment of the
22 committee's outstanding liabilities, including staff
23 salaries, shall be refunded to the contributors in amounts
24 not exceeding their individual contributions, or transferred
25 to other political or charitable organizations consistent
26 with the positions of the committee or the candidates it
27 represented. In no case shall these funds be used for the
28 personal aggrandizement of any committee member or campaign
29 worker.
30 (Source: P.A. 86-873.)
31 (10 ILCS 5/9-6.5 new)
32 Sec. 9-6.5. Individual contributions in excess of $150
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1 during reporting period. Any individual who makes one or
2 more contributions to or for a political committee within the
3 reporting period specified in Section 9-10 of this Code in an
4 aggregate amount or value in excess of $150 shall identify
5 his or her occupation and employer. The treasurer of a
6 political committee shall send written notice to an
7 individual who makes the contributions as described in this
8 Section that he or she is required to identify his or her
9 occupation and employer if that individual has failed to do
10 so. If the individual does not submit that information, the
11 contribution shall be returned to him or her.
12 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
13 Sec. 9-11. Each report of campaign contributions under
14 Section 9-10 shall disclose-
15 (1) the name and address of the political committee;
16 (2) (Blank); the scope, area of activity, party
17 affiliation, candidate affiliation, and purposes of the
18 political committee;
19 (3) the amount of funds on hand at the beginning of the
20 reporting period;
21 (4) the full name and mailing address of each person who
22 has made one or more contributions to or for such committee
23 within the reporting period in an aggregate amount or value
24 in excess of $150, together with the amount and date of such
25 contributions;
26 (4.5) the occupation and employer of each individual who
27 has made one or more contributions to or for the committee
28 within the reporting period in an aggregate amount or value
29 in excess of $150;
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 any aggregate
3 amount or value in excess of $150, together with the amounts
4 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 $150, together with the full names and
11 mailing addresses of the lender and endorsers, if any, and
12 the date and amount of such loans;
13 (9) the total amount of proceeds received by such
14 committee from (a) the sale of tickets for each dinner,
15 luncheon, cocktail party, rally, and other fund-raising
16 events; (b) mass collections made at such events; and (c)
17 sales of items such as political campaign pins, buttons,
18 badges, flags, emblems, hats, banners, literature, and
19 similar materials;
20 (10) each contribution, rebate, refund, or other receipt
21 in excess of $150 received by such committee not otherwise
22 listed under items (4) through (9);
23 (11) the total sum of all receipts by or for such
24 committee or candidate during the reporting period.
25 The reports of campaign contributions filed under this
26 Article shall be cumulative during the reporting period to
27 which they relate, but where there has been no change in an
28 item reported in a previous report during such year, only the
29 amount need be carried forward.
30 (Source: P.A. 86-873.)
31 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
32 Sec. 9-12. Each report of campaign contributions
33 required by Section 9-10 of this Article to be filed with the
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1 Board or the Board and the county clerk shall be verified,
2 dated, and signed by either the treasurer of the political
3 committee making the report or the candidate on whose behalf
4 the report is made, and shall contain substantially the
5 following:
6 REPORT OF CAMPAIGN CONTRIBUTIONS
7 (1) name and address of the political committee:
8 .............................................................
9 (2) scope, area of activity, party affiliation, candidate
10 affiliation, and purposes of the political committee:
11 .............................................................
12 .............................................................
13 .............................................................
14 .............................................................
15 (3) the date of the beginning of the reporting period, and
16 the amount of funds on hand at the beginning of the reporting
17 period:
18 .............................................................
19 (3) (4) the full name and mailing address of each person who
20 has made one or more contributions to or for the committee
21 within the reporting period in an aggregate amount or value
22 in excess of $150, together with the amount and date of such
23 contributions:
24 name address amount date
25 .......... .......... .......... ..........
26 .......... .......... .......... ..........
27 .......... .......... .......... ..........
28 .......... .......... .......... ..........
29 .......... .......... .......... ..........
30 (3.5) the occupation and employer of each individual who has
31 made one or more contributions to or for the committee within
32 the reporting period in an aggregate amount or value in
33 excess of $150:
34 name address amounts dates employer occupation
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1 .... ....... ....... ..... ........ ..........
2 .... ....... ....... ..... ........ ..........
3 .... ....... ....... ..... ........ ..........
4 .... ....... ....... ..... ........ ..........
5 .... ....... ....... ..... ........ ..........
6 (4) (5) the total sum of individual contributions made to or
7 for the committee during the reporting period and not
8 reported under item (3) (4) -
9 .............................................................
10 (5) (6) the name and address of each political committee
11 from which the reporting committee received, or to which that
12 committee made, any transfer of funds, in an aggregate amount
13 or value in excess of $150, together with the amounts and
14 dates of all transfers:
15 name address amount date
16 .......... .......... .......... ..........
17 .......... .......... .......... ..........
18 .......... .......... .......... ..........
19 (6) (7) the total sum of transfers made to or from such
20 committee during the reporting period and not under item (5)
21 (6):
22 .............................................................
23 (7) (8) each loan to or from any person within the reporting
24 period by or to the committee in an aggregate amount or value
25 in excess of $150, together with the full names and mailing
26 addresses of the lender and endorsers, if any, and the date
27 and amount of such loans:
28 (8) (9) the total amount of proceeds received by the
29 committee from (a) the sale of tickets for each dinner,
30 luncheon, cocktail party, rally, and other fund-raising
31 events; (b) mass collections made at such events; and (c)
32 sales of items such as political campaign pins, buttons,
33 badges, flags, emblems, hats, banners, literature, and
34 similar materials:
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1 (a)..........................................................
2 (b)..........................................................
3 (c)..........................................................
4 (9) (10) each contribution, rebate, refund, or other receipt
5 in excess of $150 received by the committee not otherwise
6 listed under items (3) (4) through (8) (9):
7 name address amount date
8 .......... .......... .......... ..........
9 .......... .......... .......... ..........
10 (10) (11) the total sum of all receipts by or for the
11 committee during the reporting period:
12 .............................................................
13 VERIFICATION:
14 "I declare that this report of campaign contributions
15 (including any accompanying schedules and statements) has
16 been examined by me and to the best of my knowledge and
17 belief is a true, correct and complete report as required by
18 Article 9 of The Election Code. I understand that the penalty
19 for willfully filing a false or incomplete statement shall be
20 a fine not to exceed $500 or imprisonment in a penal
21 institution other than the penitentiary not to exceed 6
22 months, or both fine and imprisonment."
23 .............................................................
24 (date of filing) (signature of person making the report)
25 (Source: P.A. 86-873.)
26 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
27 Sec. 9-13. Each semi-annual report of campaign
28 contributions and expenditures under Section 9-10 shall
29 disclose-
30 (1) the name and address of the political committee;
31 (2) (Blank); the scope, area of activity, party
32 affiliation, candidate affiliation, and purposes of the
33 political committee;
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1 (3) the amount of funds on hand at the beginning of the
2 reporting period;
3 (4) the full name and mailing address of each person who
4 has made one or more contributions to or for such committee
5 within the reporting period in an aggregate amount or value
6 in excess of $150, together with the amount and date of such
7 contributions;
8 (4.5) the occupation and employer of each individual who
9 has made one or more contributions to or for the committee
10 within the reporting period in an aggregate amount or value
11 in excess of $150;
12 (5) the total sum of individual contributions made to or
13 for such committee during the reporting period and not
14 reported under item (4);
15 (6) the name and address of each political committee
16 from which the reporting committee received, or to which that
17 committee made, any transfer of funds, in the aggregate
18 amount or value in excess of $150, together with the amounts
19 and dates of all transfers;
20 (7) the total sum of transfers made to or from such
21 committee during the reporting period and not reported under
22 item (6);
23 (8) each loan to or from any person within the reporting
24 period by or to such committee in an aggregate amount or
25 value in excess of $150, together with the full names and
26 mailing addresses of the lender and endorsers, if any, and
27 the date and amount of such loans;
28 (9) the total amount of proceeds received by such
29 committee from (a) the sale of tickets for each dinner,
30 luncheon, cocktail party, rally, and other fund-raising
31 events; (b) mass collections made at such events; and (c)
32 sales of items such as political campaign pins, buttons,
33 badges, flags, emblems, hats, banners, literature, and
34 similar materials;
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1 (10) each contribution, rebate, refund, or other receipt
2 in excess of $150 received by such committee not otherwise
3 listed under items (4) through (9);
4 (11) the total sum of all receipts by or for such
5 committee or candidate during the reporting period;
6 (12) the full name and mailing address of each person to
7 whom expenditures have been made by such committee or
8 candidate within the reporting period in an aggregate amount
9 or value in excess of $150, the amount, date, and purpose of
10 each such expenditure and the question of public policy or
11 the name and address of, and office sought by, each candidate
12 on whose behalf such expenditure was made;
13 (13) the full name and mailing address of each person to
14 whom an expenditure for personal services, salaries, and
15 reimbursed expenses in excess of $150 has been made, and
16 which is not otherwise reported, including the amount, date,
17 and purpose of such expenditure;
18 (14) the total sum of expenditures made by such
19 committee during the reporting period;
20 (15) the full name and mailing address of each person to
21 whom the committee owes debts or obligations in excess of
22 $150, and the amount of such debts or obligations.
23 (Source: P.A. 86-873.)
24 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
25 Sec. 9-14. Each semi-annual report of campaign
26 contributions and expenditures required by Section 9-10 of
27 this Article to be filed with the Board or the Board and the
28 county clerk shall be verified, dated, and signed by either
29 the treasurer of the political committee making the report or
30 the candidate on whose behalf the report is made, and shall
31 contain substantially the following:
32 SEMI-ANNUAL REPORT OF CAMPAIGN
33 CONTRIBUTIONS AND EXPENDITURES
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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 (3) (4) the full name and mailing address of each person who
14 has made one or more contributions to or for the committee
15 within the reporting period in an aggregate amount or value
16 in excess of $150, together with the amount and date of such
17 contributions:
18 name address amount date
19 .......... .......... .......... ..........
20 .......... .......... .......... ..........
21 .......... .......... .......... ..........
22 .......... .......... .......... ..........
23 .......... .......... .......... ..........
24 (3.5) the occupation and employer of each individual who has
25 made one or more contributions to or for the committee within
26 the reporting period in an aggregate amount or value in
27 excess of $150:
28 name address amounts dates employer occupation
29 .... ....... ....... ..... ........ ..........
30 .... ....... ....... ..... ........ ..........
31 .... ....... ....... ..... ........ ..........
32 .... ....... ....... ..... ........ ..........
33 .... ....... ....... ..... ........ ..........
34 (4) (5) the total sum of individual contributions made to or
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1 for the committee during the reporting period and not
2 reported under item--(3) (4):
3 .............................................................
4 (5) (6) the name and address of each political committee
5 from which the reporting committee received, or to which that
6 committee made, any transfer of funds, in an aggregate amount
7 or value in excess of $150, together with the amounts and
8 dates of all transfers:
9 name address amount date
10 .......... .......... .......... ..........
11 .......... .......... .......... ..........
12 .......... .......... .......... ..........
13 (6) (7) the total sum of transfers made to or from such
14 committee during the reporting period and not reported under
15 item (5) (6);
16 (7) (8) each loan to or from any person within the reporting
17 period by or to the committee in an aggregate amount or value
18 in excess of $150, together with the full names and mailing
19 addresses of the lender and endorsers, if any, and the date
20 and amount of such loans:
21 name address amount date endorsers
22 .......... .......... ........ ........ ..........
23 .......... .......... ........ ........ ..........
24 .......... .......... ........ ........ ..........
25 (8) (9) the total amount of proceeds received by the
26 committee from (a) the sale of tickets for each dinner,
27 luncheon, cocktail party, rally, and other fund-raising
28 events; (b) mass collections made at such events; and (c)
29 sales of items such as political campaign pins, buttons,
30 badges, flags, emblems, hats, banners, literature, and
31 similar materials:
32 (a)..........................................................
33 (b)..........................................................
34 (c)..........................................................
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1 (9) (10) each contribution, rebate, refund, or other receipt
2 in excess of $150 received by the committee not otherwise
3 listed under items (3) (4) through (8) (9):
4 name address amount date
5 .......... .......... .......... ..........
6 .......... .......... .......... ..........
7 (10) (11) the total sum of all receipts by or for the
8 committee during the reporting period:
9 .............................................................
10 (11) (12) the full name and mailing address of each person
11 to whom expenditures have been made by the committee within
12 the reporting period in an aggregate amount or value in
13 excess of $150, the amount, date, and purpose of each such
14 expenditure, and the question of public policy or the name
15 and address of, and office sought by, each candidate on whose
16 behalf the expenditure was made:
17 name address amount date purpose beneficiary
18 .......... ....... ...... .... ....... ...........
19 .......... ....... ...... .... ....... ...........
20 .......... ....... ...... .... ....... ...........
21 .......... ....... ...... .... ....... ...........
22 .......... ....... ...... .... ....... ...........
23 (12) (13) the full name and mailing address of each person
24 to whom an expenditure for personal services, salaries, and
25 reimbursed expenses in excess of $150 has been made, and
26 which is not otherwise reported, including the amount, date,
27 and purpose of such expenditure:
28 name address amount date purpose
29 .......... .......... ........ ........ ..........
30 .......... .......... ........ ........ ..........
31 .......... .......... ........ ........ ..........
32 (13) (14) the total sum of expenditures made by the
33 committee during the reporting period;
34 .............................................................
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1 (14) (15) the full name and mailing address of each person
2 to whom the committee owes debts or obligations in excess of
3 $150, and the amount of such debts or obligations:
4 .............................................................
5 .............................................................
6 VERIFICATION:
7 "I declare that this semi-annual report of campaign
8 contributions and expenditures (including any accompanying
9 schedules and statements) has been examined by me and to the
10 best of my knowledge and belief is a true, correct and
11 complete report as required by Article 9 of The Election
12 Code. I understand that the penalty for willfully filing a
13 false or incomplete report shall be a fine not to exceed $500
14 or imprisonment in a penal institution other than the
15 penitentiary not to exceed 6 months, or both fine and
16 imprisonment."
17 ................ .......................................
18 (date of filing) (signature of person making the report)
19 (Source: P.A. 86-873.)
20 (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
21 Sec. 9-21. Upon receipt of such complaint, the Board
22 shall hold a closed preliminary hearing to determine whether
23 or not the complaint appears to have been filed on
24 justifiable grounds. Such closed preliminary hearing shall be
25 conducted as soon as practicable after affording reasonable
26 notice, a copy of the complaint, and an opportunity to
27 testify at such hearing to both the person making the
28 complaint and the person against whom the complaint is
29 directed. If the Board determines that the complaint has not
30 been filed on justifiable grounds, it shall dismiss the
31 complaint without further hearing.
32 Whenever in the judgment of the Board, after affording
33 due notice and an opportunity for a public hearing, any
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1 person has engaged or is about to engage in an act or
2 practice which constitutes or will constitute a violation of
3 any provision of this Article or any regulation or order
4 issued thereunder, the Board shall issue an order directing
5 such person to take such action as the Board determines may
6 be necessary in the public interest to correct the violation.
7 In addition, if the act or practice engaged in consists of
8 the failure to file any required report within the time
9 prescribed by this Article, the Board, as part of its order,
10 shall further provide that if, within the 12-month period
11 following the issuance of the order, such person fails to
12 file within the time prescribed by this Article any
13 subsequent report as may be required, such person may be
14 subject to a civil penalty pursuant to Section 9-23. If the
15 complaint is directed to an elected public official or to the
16 chairman or treasurer of his political committee during a
17 year in which that official is not a candidate seeking
18 nomination for, election to or retention in the same or
19 another office, the Board shall render its final judgment
20 within 42 days of the date the complaint is filed. If the
21 complaint is directed to a candidate seeking nomination for,
22 election to or retention in public office or to the chairman
23 or treasurer of his political committee, The Board shall
24 render its final judgment within 60 21 days of the date the
25 complaint is filed; except that during the 60 days preceding
26 the date of the election in reference to which the complaint
27 is filed, the Board shall render its final judgment within 7
28 days of the date the complaint is filed, and during the 7
29 days preceding such election, the Board shall render such
30 judgment before the date of such election, if possible.
31 At any time prior to the issuance of the Board's
32 final judgment, the parties may dispose of the complaint by a
33 written stipulation, agreed settlement or consent order. Any
34 such stipulation, settlement or order shall, however, be
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1 submitted in writing to the Board and shall become effective
2 only if approved by the Board. If the act or practice
3 complained of consists of the failure to file any required
4 report within the time prescribed by this Article, such
5 stipulation, settlement or order may provide that if, within
6 the 12-month period following the approval of such
7 stipulation, agreement or order, the person complained of
8 fails to file within the time prescribed by this Article any
9 subsequent reports as may be required, such person may be
10 subject to a civil penalty pursuant to Section 9-23.
11 Any person filing a complaint pursuant to Section 9-20
12 may, upon written notice to the other parties and to the
13 Board, voluntarily withdraw the complaint at any time prior
14 to the issuance of the Board's final determination.
15 (Source: P.A. 83-1362.)
16 Section 99. Effective date. This Act takes effect on
17 January 1, 1998.