State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 002 ]

90_HB0729enr

      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
HB0729 Enrolled                                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, 9-17, and 9-21 and  by
 3    adding Section 9-28.
 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, 9-17, and
 8    9-21 and by adding Section 9-28 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
HB0729 Enrolled            -2-                 LRB9000666MWpc
 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
HB0729 Enrolled            -3-                 LRB9000666MWpc
 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 5/9-11) (from Ch. 46, par. 9-11)
32        Sec. 9-11. Each report of  campaign  contributions  under
HB0729 Enrolled            -5-                 LRB9000666MWpc
 1    Section 9-10 shall disclose-
 2        (1)  the name and address of the political committee;
 3        (2)  (Blank);   the   scope,   area  of  activity,  party
 4    affiliation,  candidate  affiliation,  and  purposes  of  the
 5    political committee;
 6        (3)  the amount of funds on hand at the beginning of  the
 7    reporting period;
 8        (4)  the full name and mailing address of each person who
 9    has  made  one or more contributions to or for such committee
10    within the reporting period in an aggregate amount  or  value
11    in  excess of $150, together with the amount and date of such
12    contributions;
13        (5)  the total sum of individual contributions made to or
14    for such  committee  during  the  reporting  period  and  not
15    reported under item (4);
16        (6)  the  name  and  address  of each political committee
17    from which the reporting committee received, or to which that
18    committee made, any  transfer  of  funds,  in  any  aggregate
19    amount  or value in excess of $150, together with the amounts
20    and dates of all transfers;
21        (7)  the total sum of transfers  made  to  or  from  such
22    committee  during the reporting period and not reported under
23    item (6);
24        (8)  each loan to or from any person within the reporting
25    period by or to such committee  in  an  aggregate  amount  or
26    value  in  excess  of  $150, together with the full names and
27    mailing addresses of the lender and endorsers,  if  any,  and
28    the date and amount of such loans;
29        (9)  the  total  amount  of  proceeds  received  by  such
30    committee  from  (a)  the  sale  of  tickets for each dinner,
31    luncheon,  cocktail  party,  rally,  and  other  fund-raising
32    events; (b) mass collections made at  such  events;  and  (c)
33    sales  of  items  such  as  political campaign pins, buttons,
34    badges,  flags,  emblems,  hats,  banners,  literature,   and
HB0729 Enrolled            -6-                 LRB9000666MWpc
 1    similar materials;
 2        (10)  each contribution, rebate, refund, or other receipt
 3    in  excess  of  $150 received by such committee not otherwise
 4    listed under items (4) through (9);
 5        (11)  the total sum  of  all  receipts  by  or  for  such
 6    committee or candidate during the reporting period.
 7        The  reports  of  campaign contributions filed under this
 8    Article shall be cumulative during the  reporting  period  to
 9    which  they  relate, but where there has been no change in an
10    item reported in a previous report during such year, only the
11    amount need be carried forward.
12    (Source: P.A. 86-873.)
13        (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
14        Sec.  9-12.   Each  report  of   campaign   contributions
15    required by Section 9-10 of this Article to be filed with the
16    Board  or  the  Board and the county clerk shall be verified,
17    dated, and signed by either the treasurer  of  the  political
18    committee  making the report or the candidate on whose behalf
19    the report is  made,  and  shall  contain  substantially  the
20    following:
21                  REPORT OF CAMPAIGN CONTRIBUTIONS
22    (1)  name and address of the political committee:
23    .............................................................
24    (2)  scope,  area  of  activity, party affiliation, candidate
25    affiliation, and purposes of the political committee:
26    .............................................................
27    .............................................................
28    .............................................................
29    .............................................................
30    (3)  the date of the beginning of the reporting  period,  and
31    the amount of funds on hand at the beginning of the reporting
32    period:
33    .............................................................
HB0729 Enrolled            -7-                 LRB9000666MWpc
 1    (3) (4)  the full name and mailing address of each person who
 2    has  made  one  or more contributions to or for the committee
 3    within the reporting period in an aggregate amount  or  value
 4    in  excess of $150, together with the amount and date of such
 5    contributions:
 6    name            address           amount           date
 7    ..........      ..........        ..........       ..........
 8    ..........      ..........        ..........       ..........
 9    ..........      ..........        ..........       ..........
10    ..........      ..........        ..........       ..........
11    ..........      ..........        ..........       ..........
12    (4) (5)  the total sum of individual contributions made to or
13    for  the  committee  during  the  reporting  period  and  not
14    reported under item (3) (4) -
15    .............................................................
16    (5) (6)  the name and address  of  each  political  committee
17    from 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 $150, together with the amounts and
20    dates of all transfers:
21    name            address           amount           date
22    ..........      ..........        ..........       ..........
23    ..........      ..........        ..........       ..........
24    ..........      ..........        ..........       ..........
25    (6) (7)  the total sum of transfers  made  to  or  from  such
26    committee  during the reporting period and not under item (5)
27    (6):
28    .............................................................
29    (7) (8)  each loan to or from any person within the reporting
30    period by or to the committee in an aggregate amount or value
31    in excess of $150, together with the full names  and  mailing
32    addresses  of  the lender and endorsers, if any, and the date
33    and amount of such loans:
34    (8) (9)  the  total  amount  of  proceeds  received  by   the
HB0729 Enrolled            -8-                 LRB9000666MWpc
 1    committee  from  (a)  the  sale  of  tickets for each dinner,
 2    luncheon,  cocktail  party,  rally,  and  other  fund-raising
 3    events; (b) mass collections made at  such  events;  and  (c)
 4    sales  of  items  such  as  political campaign pins, buttons,
 5    badges,  flags,  emblems,  hats,  banners,  literature,   and
 6    similar materials:
 7    (a)..........................................................
 8    (b)..........................................................
 9    (c)..........................................................
10    (9) (10)  each contribution, rebate, refund, or other receipt
11    in  excess  of  $150  received by the committee not otherwise
12    listed under items (3) (4) through (8) (9):
13    name            address           amount           date
14    ..........      ..........        ..........       ..........
15    ..........      ..........        ..........       ..........
16    (10) (11)  the total sum  of  all  receipts  by  or  for  the
17    committee during the reporting period:
18    .............................................................
19    VERIFICATION:
20        "I  declare  that  this  report of campaign contributions
21    (including any accompanying  schedules  and  statements)  has
22    been  examined  by  me  and  to  the best of my knowledge and
23    belief is a true, correct and complete report as required  by
24    Article 9 of The Election Code. I understand that the penalty
25    for willfully filing a false or incomplete statement shall be
26    a  fine  not  to  exceed  $500  or  imprisonment  in  a penal
27    institution other than  the  penitentiary  not  to  exceed  6
28    months, or both fine and imprisonment."
29    .............................................................
30    (date of filing)      (signature of person making the report)
31    (Source: P.A. 86-873.)
32        (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
33        Sec.   9-13.   Each   semi-annual   report   of  campaign
HB0729 Enrolled            -9-                 LRB9000666MWpc
 1    contributions  and  expenditures  under  Section  9-10  shall
 2    disclose-
 3        (1)  the name and address of the political committee;
 4        (2)  (Blank);  the  scope,  area   of   activity,   party
 5    affiliation,  candidate  affiliation,  and  purposes  of  the
 6    political committee;
 7        (3)  the  amount of funds on hand at the beginning of the
 8    reporting period;
 9        (4)  the full name and mailing address of each person who
10    has made one or more contributions to or for  such  committee
11    within  the  reporting period in an aggregate amount or value
12    in excess of $150, together with the amount and date of  such
13    contributions;
14        (5)  the total sum of individual contributions made to or
15    for  such  committee  during  the  reporting  period  and not
16    reported under item (4);
17        (6)  the name and address  of  each  political  committee
18    from which the reporting committee received, or to which that
19    committee  made,  any  transfer  of  funds,  in the aggregate
20    amount or value in excess of $150, together with the  amounts
21    and dates of all transfers;
22        (7)  the  total  sum  of  transfers  made to or from such
23    committee during the reporting period and not reported  under
24    item (6);
25        (8)  each loan to or from any person within the reporting
26    period  by  or  to  such  committee in an aggregate amount or
27    value in excess of $150, together with  the  full  names  and
28    mailing  addresses  of  the lender and endorsers, if any, and
29    the date and amount of such loans;
30        (9)  the  total  amount  of  proceeds  received  by  such
31    committee from (a) the  sale  of  tickets  for  each  dinner,
32    luncheon,  cocktail  party,  rally,  and  other  fund-raising
33    events;  (b)  mass  collections  made at such events; and (c)
34    sales of items such  as  political  campaign  pins,  buttons,
HB0729 Enrolled            -10-                LRB9000666MWpc
 1    badges,   flags,  emblems,  hats,  banners,  literature,  and
 2    similar materials;
 3        (10)  each contribution, rebate, refund, or other receipt
 4    in excess of $150 received by such  committee  not  otherwise
 5    listed under items (4) through (9);
 6        (11)  the  total  sum  of  all  receipts  by  or for such
 7    committee or candidate during the reporting period;
 8        (12)  the full name and mailing address of each person to
 9    whom  expenditures  have  been  made  by  such  committee  or
10    candidate within the reporting period in an aggregate  amount
11    or  value in excess of $150, the amount, date, and purpose of
12    each such expenditure and the question of  public  policy  or
13    the name and address of, and office sought by, each candidate
14    on whose behalf such expenditure was made;
15        (13)  the full name and mailing address of each person to
16    whom  an  expenditure  for  personal  services, salaries, and
17    reimbursed expenses in excess of  $150  has  been  made,  and
18    which  is not otherwise reported, including the amount, date,
19    and purpose of such expenditure;
20        (14)  the  total  sum  of  expenditures  made   by   such
21    committee during the reporting period;
22        (15)  the full name and mailing address of each person to
23    whom  the  committee  owes  debts or obligations in excess of
24    $150, and the amount of such debts or obligations.
25    (Source: P.A. 86-873.)
26        (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
27        Sec.  9-14.   Each   semi-annual   report   of   campaign
28    contributions  and  expenditures  required by Section 9-10 of
29    this Article to be filed with the Board or the Board and  the
30    county  clerk  shall be verified, dated, and signed by either
31    the treasurer of the political committee making the report or
32    the candidate on whose behalf the report is made,  and  shall
33    contain substantially the following:
HB0729 Enrolled            -11-                LRB9000666MWpc
 1                   SEMI-ANNUAL REPORT OF CAMPAIGN
 2                   CONTRIBUTIONS AND EXPENDITURES
 3    (1)  name and address of the political committee:
 4    .............................................................
 5    (2)  scope,  area  of  activity, party affiliation, candidate
 6    affiliation, and purposes of the political committee:
 7    .............................................................
 8    .............................................................
 9    .............................................................
10    .............................................................
11    (3)  the date of the beginning of the reporting  period,  and
12    the amount of funds on hand at the beginning of the reporting
13    period;
14    .............................................................
15    (3) (4)  the full name and mailing address of each person who
16    has  made  one  or more contributions to or for the committee
17    within the reporting period in an aggregate amount  or  value
18    in  excess of $150, together with the amount and date of such
19    contributions:
20    name            address           amount           date
21    ..........      ..........        ..........       ..........
22    ..........      ..........        ..........       ..........
23    ..........      ..........        ..........       ..........
24    ..........      ..........        ..........       ..........
25    ..........      ..........        ..........       ..........
26    (4) (5)  the total sum of individual contributions made to or
27    for  the  committee  during  the  reporting  period  and  not
28    reported under item--(3) (4):
29    .............................................................
30    (5) (6)  the name and address  of  each  political  committee
31    from which the reporting committee received, or to which that
32    committee made, any transfer of funds, in an aggregate amount
33    or  value  in  excess  of $150, together with the amounts and
34    dates of all transfers:
HB0729 Enrolled            -12-                LRB9000666MWpc
 1    name            address           amount           date
 2    ..........      ..........        ..........       ..........
 3    ..........      ..........        ..........       ..........
 4    ..........      ..........        ..........       ..........
 5    (6) (7)  the total sum of transfers  made  to  or  from  such
 6    committee  during the reporting period and not reported under
 7    item (5) (6);
 8    (7) (8)  each loan to or from any person within the reporting
 9    period by or to the committee in an aggregate amount or value
10    in excess of $150, together with the full names  and  mailing
11    addresses  of  the lender and endorsers, if any, and the date
12    and amount of such loans:
13    name         address       amount      date        endorsers
14    ..........   ..........    ........    ........    ..........
15    ..........   ..........    ........    ........    ..........
16    ..........   ..........    ........    ........    ..........
17    (8) (9)  the  total  amount  of  proceeds  received  by   the
18    committee  from  (a)  the  sale  of  tickets for each dinner,
19    luncheon,  cocktail  party,  rally,  and  other  fund-raising
20    events; (b) mass collections made at  such  events;  and  (c)
21    sales  of  items  such  as  political campaign pins, buttons,
22    badges,  flags,  emblems,  hats,  banners,  literature,   and
23    similar materials:
24    (a)..........................................................
25    (b)..........................................................
26    (c)..........................................................
27    (9) (10)  each contribution, rebate, refund, or other receipt
28    in  excess  of  $150  received by the committee not otherwise
29    listed under items (3) (4) through (8) (9):
30    name            address           amount           date
31    ..........      ..........        ..........       ..........
32    ..........      ..........        ..........       ..........
33    (10) (11)  the total sum  of  all  receipts  by  or  for  the
34    committee during the reporting period:
HB0729 Enrolled            -13-                LRB9000666MWpc
 1    .............................................................
 2    (11) (12)  the  full  name and mailing address of each person
 3    to whom expenditures have been made by the  committee  within
 4    the  reporting  period  in  an  aggregate  amount or value in
 5    excess of $150, the amount, date, and purpose  of  each  such
 6    expenditure,  and  the  question of public policy or the name
 7    and address of, and office sought by, each candidate on whose
 8    behalf the expenditure was made:
 9    name        address   amount   date    purpose    beneficiary
10    ..........  .......   ......   ....    .......    ...........
11    ..........  .......   ......   ....    .......    ...........
12    ..........  .......   ......   ....    .......    ...........
13    ..........  .......   ......   ....    .......    ...........
14    ..........  .......   ......   ....    .......    ...........
15    (12) (13)  the full name and mailing address of  each  person
16    to  whom an  expenditure for personal services, salaries, and
17    reimbursed expenses in excess of  $150  has  been  made,  and
18    which  is not otherwise reported, including the amount, date,
19    and purpose of such expenditure:
20    name         address       amount      date        purpose
21    ..........   ..........    ........    ........    ..........
22    ..........   ..........    ........    ........    ..........
23    ..........   ..........    ........    ........    ..........
24    (13) (14)  the  total  sum  of  expenditures  made   by   the
25    committee during the reporting period;
26    .............................................................
27    (14) (15)  the  full  name and mailing address of each person
28    to whom the committee owes debts or obligations in excess  of
29    $150, and the amount of such debts or obligations:
30    .............................................................
31    .............................................................
32    VERIFICATION:
33        "I  declare  that  this  semi-annual  report  of campaign
34    contributions and expenditures  (including  any  accompanying
HB0729 Enrolled            -14-                LRB9000666MWpc
 1    schedules  and statements) has been examined by me and to the
 2    best of my knowledge  and  belief  is  a  true,  correct  and
 3    complete  report  as  required  by  Article 9 of The Election
 4    Code. I understand that the penalty for  willfully  filing  a
 5    false or incomplete report shall be a fine not to exceed $500
 6    or  imprisonment  in  a  penal  institution  other  than  the
 7    penitentiary  not  to  exceed  6  months,  or  both  fine and
 8    imprisonment."
 9    ................      .......................................
10    (date of filing)      (signature of person making the report)
11    (Source: P.A. 86-873.)
12        (10 ILCS 5/9-17) (from Ch. 46, par. 9-17)
13        Sec. 9-17. All statements and reports  filed  under  this
14    Article with the board or county clerk shall be available for
15    examination  and  copying  by  the  public  at all reasonable
16    times. Such person examining a statement or report must first
17    fill out  a  form  prepared  by  the  Board  identifying  the
18    examiner  by  name, occupation, address and telephone number,
19    and listing the date  of  examination  and  reason  for  such
20    examination.  The board shall supply such forms to the county
21    clerks annually and replenish such forms upon request.
22        The Board or county clerk, as  the  case  may  be,  shall
23    promptly  notify  each political committee required to file a
24    statement or report under this Article of each instance of an
25    examination of its  statement  or  report  by  sending  it  a
26    duplicate  original  of the identification form filled out by
27    the person examining its report.
28        Any person who alters or falsifies information on a  copy
29    of  a  statement  or  report obtained from the State Board of
30    Elections or the county clerk pursuant to Article 9  of  this
31    Code and publishes, circulates or distributes such altered or
32    falsified   information   with  the  intent  to  misrepresent
33    contributions received or expenditures made by a candidate or
HB0729 Enrolled            -15-                LRB9000666MWpc
 1    political committee shall be guilty of a Class B misdemeanor.
 2        Any person who shall sell or utilize  information  copied
 3    from  statements  and  reports  filed with the State Board of
 4    Elections or the county clerk pursuant to Article 9  of  this
 5    Code  for  the purpose of soliciting contributions or for the
 6    purpose of business solicitation shall be guilty of a Class B
 7    misdemeanor.
 8    (Source: P.A. 81-310.)
 9        (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
10        Sec. 9-21.  Upon receipt of  such  complaint,  the  Board
11    shall  hold a closed preliminary hearing to determine whether
12    or  not  the  complaint  appears  to  have  been   filed   on
13    justifiable grounds. Such closed preliminary hearing shall be
14    conducted  as  soon as practicable after affording reasonable
15    notice, a copy  of  the  complaint,  and  an  opportunity  to
16    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 determines that the complaint has not
19    been filed on  justifiable  grounds,  it  shall  dismiss  the
20    complaint without further hearing.
21        Whenever  in  the  judgment of the Board, after affording
22    due notice and an  opportunity  for  a  public  hearing,  any
23    person  has  engaged  or  is  about  to  engage  in an act or
24    practice which constitutes or will constitute a violation  of
25    any  provision  of  this  Article  or any regulation or order
26    issued thereunder, the Board shall issue an  order  directing
27    such  person  to take such action as the Board determines may
28    be necessary in the public interest to correct the violation.
29    In addition, if the act or practice engaged  in  consists  of
30    the  failure  to  file  any  required  report within the time
31    prescribed by this Article, the Board, as part of its  order,
32    shall  further  provide  that  if, within the 12-month period
33    following the issuance of the order,  such  person  fails  to
HB0729 Enrolled            -16-                LRB9000666MWpc
 1    file   within   the  time  prescribed  by  this  Article  any
 2    subsequent report as may be  required,  such  person  may  be
 3    subject  to  a civil penalty pursuant to Section 9-23. If the
 4    complaint is directed to an elected public official or to the
 5    chairman or treasurer of his  political  committee  during  a
 6    year  in  which  that  official  is  not  a candidate seeking
 7    nomination for, election to  or  retention  in  the  same  or
 8    another  office,  the  Board  shall render its final judgment
 9    within 42 days of the date the complaint is filed.    If  the
10    complaint  is directed to a candidate seeking nomination for,
11    election to or retention in public office or to the  chairman
12    or  treasurer  of  his  political  committee, The Board shall
13    render its final judgment within 60 21 days of the  date  the
14    complaint  is filed; except that during the 60 days preceding
15    the date of the election in reference to which the  complaint
16    is  filed, the Board shall render its final judgment within 7
17    days of the date the complaint is filed,  and  during  the  7
18    days  preceding  such  election,  the Board shall render such
19    judgment before the date of such election, if possible.
20        At any time prior to the issuance of  the  Board's  final
21    judgment,  the  parties  may  dispose  of  the complaint by a
22    written stipulation, agreed settlement or consent order.  Any
23    such stipulation, settlement  or  order  shall,  however,  be
24    submitted  in writing to the Board and shall become effective
25    only if approved by  the  Board.   If  the  act  or  practice
26    complained  of  consists  of the failure to file any required
27    report within the  time  prescribed  by  this  Article,  such
28    stipulation,  settlement or order may provide that if, within
29    the  12-month  period  following   the   approval   of   such
30    stipulation,  agreement  or  order,  the person complained of
31    fails to file within the time prescribed by this Article  any
32    subsequent  reports  as  may  be required, such person may be
33    subject to a civil penalty pursuant to Section 9-23.
34        Any person filing a complaint pursuant  to  Section  9-20
HB0729 Enrolled            -17-                LRB9000666MWpc
 1    may,  upon  written  notice  to  the other parties and to the
 2    Board, voluntarily withdraw the complaint at any  time  prior
 3    to the issuance of the Board's final determination.
 4    (Source: P.A. 83-1362.)
 5        (10 ILCS 5/9-28 new)
 6        Sec.  9-28.  Electronic  filing  and  availability.   The
 7    Board  may by rule provide for the optional electronic filing
 8    of expenditure and contribution  reports.   The  Board  shall
 9    promptly  make  all  reports  filed under this Article by all
10    political  committees  publicly  available  by  means  of   a
11    searchable database that is accessible through the World Wide
12    Web.
13        Section  99.  Effective  date.   This Act takes effect on
14    January 1, 1998, except that  this  Section,  the  provisions
15    changing  Sec.  9-17 of the Election Code, and the provisions
16    adding Sec. 9-28  to  the  Election  Code  take  effect  upon
17    becoming law.

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