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91_SB1514
SRS91S0067PMcb
1 AN ACT to amend the Election Code by changing Section
2 9-10.
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 9-10 as follows:
7 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
8 Sec. 9-10. Financial reports.
9 (a) The treasurer of every state political committee and
10 the treasurer of every local political committee shall file
11 with the Board, and the treasurer of every local political
12 committee shall file with the county clerk, reports of
13 campaign contributions, and semi-annual reports of campaign
14 contributions and expenditures on forms to be prescribed or
15 approved by the Board. The treasurer of every political
16 committee that acts as both a state political committee and a
17 local political committee shall file a copy of each report
18 with the State Board of Elections and the county clerk.
19 Entities subject to Section 9-7.5 shall file reports required
20 by that Section at times provided in this Section and are
21 subject to the penalties provided in this Section.
22 (b) Reports of campaign contributions shall be filed no
23 later than the 15th day next preceding each election
24 including a primary election in connection with which the
25 political committee has accepted or is accepting
26 contributions or has made or is making expenditures. Such
27 reports shall be complete as of the 30th day next preceding
28 each election including a primary election. The Board shall
29 assess a civil penalty not to exceed $5,000 for a violation
30 of this subsection, except that for State officers and
31 candidates and political committees formed for statewide
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1 office, the civil penalty may not exceed $10,000. The fine,
2 however, shall not exceed $500 for a first filing violation
3 for filing less than 10 days after the deadline. There shall
4 be no fine if the report is mailed and postmarked at least 72
5 hours prior to the filing deadline. For the purpose of this
6 subsection, "statewide office" and "State officer" means the
7 Governor, Lieutenant Governor, Attorney General, Secretary of
8 State, Comptroller, and Treasurer. However, a continuing
9 political committee that neither accepts contributions nor
10 makes expenditures on behalf of or in opposition to any
11 candidate or public question on the ballot at an election
12 shall not be required to file the reports heretofore
13 prescribed but may file in lieu thereof a Statement of
14 Nonparticipation in the Election with the Board or the Board
15 and the county clerk.
16 (b-5) Notwithstanding the provisions of subsection (b),
17 any contribution of $500 or more received in the interim
18 between the last date of the period covered by the last
19 report filed under subsection (b) prior to the election and
20 the date of the election shall be reported within 2 business
21 days after its receipt. The State Board of Elections shall
22 allow filings under this subsection (b-5) to be made by
23 facsimile transmission. For the purpose of this subsection, a
24 contribution is considered received on the date the public
25 official, candidate, or political committee (or equivalent
26 person in the case of a reporting entity other than a
27 political committee) actually receives it or, in the case of
28 goods or services, 2 days after the date the public official,
29 candidate, committee, or other reporting entity receives the
30 certification required under subsection (b) of Section 9-6.
31 Failure to report each contribution is a separate violation
32 of this subsection. The Board shall impose fines for
33 violations of this subsection as follows:
34 (1) if the political committee's or other reporting
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1 entity's total receipts, total expenditures, and balance
2 remaining at the end of the last reporting period were
3 each $5,000 or less, then $100 per business day for the
4 first violation, $200 per business day for the second
5 violation, and $300 per business day for the third and
6 subsequent violations.
7 (2) if the political committee's or other reporting
8 entity's total receipts, total expenditures, and balance
9 remaining at the end of the last reporting period were
10 each more than $5,000, then $200 per business day for the
11 first violation, $400 per business day for the second
12 violation, and $600 per business day for the third and
13 subsequent violations.
14 (c) In addition to such reports the treasurer of every
15 political committee shall file semi-annual reports of
16 campaign contributions and expenditures no later than July
17 31st, covering the period from January 1st through June 30th
18 immediately preceding, and no later than January 31st,
19 covering the period from July 1st through December 31st of
20 the preceding calendar year. Reports of contributions and
21 expenditures must be filed to cover the prescribed time
22 periods even though no contributions or expenditures may have
23 been received or made during the period. The Board shall
24 assess a civil penalty not to exceed $5,000 for a violation
25 of this subsection, except that for State officers and
26 candidates and political committees formed for statewide
27 office, the civil penalty may not exceed $10,000. The fine,
28 however, shall not exceed $500 for a first filing violation
29 for filing less than 10 days after the deadline. There shall
30 be no fine if the report is mailed and postmarked at least 72
31 hours prior to the filing deadline. For the purpose of this
32 subsection, "statewide office" and "State officer" means the
33 Governor, Lieutenant Governor, Attorney General, Secretary of
34 State, Comptroller, and Treasurer.
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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. 90-737, eff. 1-1-99.)