State of Illinois
90th General Assembly
Legislation

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90_SB0090

      10 ILCS 5/9-2             from Ch. 46, par. 9-2
          Amends the Election Code  to  provide  that  a  political
      committee  may apply campaign funds only against expenditures
      for  personnel,  services,  materials,  facilities  or  other
      things of value purchased to further a candidate's nomination
      or election  to  office,  or  for  expenses  accrued  in  the
      performance of legislative or governmental duties.
                                                     LRB9001019MWcd
                                               LRB9001019MWcd
 1        AN  ACT  to  amend  the Election Code by changing Section
 2    9-2.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Election  Code  is  amended by changing
 6    Section 9-2 as follows:
 7        (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
 8        Sec. 9-2.  Every political committee  shall  designate  a
 9    chairman  and a treasurer.  The same person may serve as both
10    chairman  and  treasurer  of  any  political   committee.   A
11    candidate  who administers his own campaign contributions and
12    expenditures  shall  be  deemed  a  political  committee  for
13    purposes of this  Article  and  shall  designate  himself  as
14    chairman,  treasurer,  or both chairman and treasurer of such
15    political committee. The treasurer of a  political  committee
16    shall  be  responsible for keeping the records and filing the
17    statements and reports required by this Article.
18        No contribution and no expenditure shall be  accepted  or
19    made  by or on behalf of a political committee at a time when
20    there is a vacancy in the office  of  chairman  or  treasurer
21    thereof.  No  expenditure shall be made for or on behalf of a
22    political committee without the authorization of its chairman
23    or treasurer, or their designated agents.
24        A political committee may apply the funds received  under
25    this   Article   only  against  expenditures  for  personnel,
26    services, materials, facilities, or  other  things  of  value
27    purchased  to further a candidate's nomination or election to
28    office,  or  for  expenses  accrued  in  the  performance  of
29    legislative or governmental duties.
30        A political committee shall not make expenditures:
31        (1)  In violation of any law of the United States  or  of
                            -2-                LRB9001019MWcd
 1    this State.
 2        (2)  For  satisfaction  of  personal  debts,  other  than
 3    repayment  of loans to the campaign.  The repayments shall be
 4    made by check written to the person who made  the  loan.   If
 5    the  repayment  is  for  a  loan made by the candidate to the
 6    committee, the repayment shall not include interest.
 7        (3)  In payment for items, services, or benefits for  the
 8    candidate,  elected  official,  committee  officer,  or their
 9    families, unless for reimbursement of campaign  expenses,  or
10    expenses   related  to  the  performance  of  legislative  or
11    governmental duties.
12        (4)  For clothing or laundry  expenses,  except  clothing
13    items  rented  by  a candidate for his or her use exclusively
14    for a specific campaign-related event.
15        (5)  For  travel  expenses  for   a   candidate,   public
16    official,  campaign  worker, staff member, committee officer,
17    or family member to or from a destination outside  the  State
18    of   Illinois,   including  room,  board,  and  entertainment
19    expenses incurred outside the State of Illinois,  unless  the
20    travel   is   necessary   for   campaign,   legislative,   or
21    governmental duties.
22        (6)  For    membership    or   club   dues   charged   by
23    organizations,  clubs,  or  facilities  that  are   primarily
24    engaged  in  providing  health,  exercise,  recreational,  or
25    entertainment  services.  However, campaign funds may be used
26    to  rent  those  clubs   or   facilities   for   a   specific
27    campaign-related meeting or fundraising event.
28        (7)  In payment for any item, service, or expenditure for
29    which   any  individual  has  been  reimbursed,  or  will  be
30    reimbursed, by  the  State  or  party,  or  other  person  or
31    institution.
32        (8)  For  the  purchase  of or installment payments for a
33    motor vehicle.  However, a candidate or public  official  may
34    purchase  or lease a motor vehicle during the duration of the
                            -3-                LRB9001019MWcd
 1    campaign if the vehicle will be primarily used  for  campaign
 2    purposes  or  governmental  or  legislative duties. Costs for
 3    other usage of the vehicle shall not be  paid  from  campaign
 4    funds.  Candidates and campaign workers may be reimbursed for
 5    actual  mileage  for campaign-related travel at a rate not to
 6    exceed the current rate of reimbursement  allowed  under  the
 7    standard  mileage  rate  method  for  computation of business
 8    expenses under the Internal Revenue Code.
 9        (9)  For purchase or lease of any equipment owned by  the
10    candidate  or  by  a  corporation  owned  by,  managed by, or
11    employing the candidate, unless the equipment is purchased or
12    leased at cost, without profit to the owner of the equipment.
13        The State Board of Elections shall have the authority  to
14    investigate   on  its  own  motion,  or  upon  receipt  of  a
15    complaint, violations of the provisions of this Section.  The
16    Board shall levy a fine on a candidate or on any officer of a
17    committee found to have expenditures  in  violation  of  this
18    Section.   The fine shall be $500 for those expenditures that
19    total less  than  $500,  and  shall  be  the  amount  of  the
20    expenditure  plus $500 for those expenditures that total more
21    than $500.  The Board shall also have the authority to render
22    rulings and opinions in  relation  to  compliance  with  this
23    Section.
24    (Source: P.A. 80-756.)

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