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[ Introduced ] | [ House Amendment 001 ] |
91_SB1514eng SB1514 Engrossed 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 SB1514 Engrossed -2- SRS91S0067PMcb 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 SB1514 Engrossed -3- SRS91S0067PMcb 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. SB1514 Engrossed -4- SRS91S0067PMcb 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.)