Public Act 096-0848
 
SB0146 Enrolled LRB096 04504 JAM 14558 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. If and only if House Bill 723 of the 96th
General Assembly becomes law, the Election Code is amended by
changing Section 7-61 as follows:
 
    (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
    Sec. 7-61. Whenever a special election is necessary the
provisions of this Article are applicable to the nomination of
candidates to be voted for at such special election.
    In cases where a primary election is required the officer
or board or commission whose duty it is under the provisions of
this Act relating to general elections to call an election,
shall fix a date for the primary for the nomination of
candidates to be voted for at such special election. Notice of
such primary shall be given at least 15 days prior to the
maximum time provided for the filing of petitions for such a
primary as provided in Section 7-12.
    Any vacancy in nomination under the provisions of this
Article 7 occurring on or after the primary and prior to
certification of candidates by the certifying board or officer,
must be filled prior to the date of certification. Any vacancy
in nomination occurring after certification but prior to 15
days before the general election shall be filled within 8 days
after the event creating the vacancy. The resolution filling
the vacancy shall be sent by U. S. mail or personal delivery to
the certifying officer or board within 3 days of the action by
which the vacancy was filled; provided, if such resolution is
sent by mail and the U. S. postmark on the envelope containing
such resolution is dated prior to the expiration of such 3 day
limit, the resolution shall be deemed filed within such 3 day
limit. Failure to so transmit the resolution within the time
specified in this Section shall authorize the certifying
officer or board to certify the original candidate. Vacancies
shall be filled by the officers of a local municipal or
township political party as specified in subsection (h) of
Section 7-8, other than a statewide political party, that is
established only within a municipality or township and the
managing committee (or legislative committee in case of a
candidate for State Senator or representative committee in the
case of a candidate for State Representative in the General
Assembly or State central committee in the case of a candidate
for statewide office, including but not limited to the office
of United States Senator) of the respective political party for
the territorial area in which such vacancy occurs.
    The resolution to fill a vacancy in nomination shall be
duly acknowledged before an officer qualified to take
acknowledgements of deeds and shall include, upon its face, the
following information:
    (a) the name of the original nominee and the office
vacated;
    (b) the date on which the vacancy occurred;
    (c) the name and address of the nominee selected to fill
the vacancy and the date of selection.
    The resolution to fill a vacancy in nomination shall be
accompanied by a Statement of Candidacy, as prescribed in
Section 7-10, completed by the selected nominee and a receipt
indicating that such nominee has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
    The provisions of Section 10-8 through 10-10.1 relating to
objections to certificates of nomination and nomination
papers, hearings on objections, and judicial review, shall
apply to and govern objections to resolutions for filling a
vacancy in nomination.
    Any vacancy in nomination occurring 15 days or less before
the consolidated election or the general election shall not be
filled. In this event, the certification of the original
candidate shall stand and his name shall appear on the official
ballot to be voted at the general election.
    A vacancy in nomination occurs when a candidate who has
been nominated under the provisions of this Article 7 dies
before the election (whether death occurs prior to, on or after
the day of the primary), or declines the nomination; provided
that nominations may become vacant for other reasons.
    If the name of no established political party candidate was
printed on the consolidated primary ballot for a particular
office and if no person was nominated as a write-in candidate
for such office, a vacancy in nomination shall be created which
may be filled in accordance with the requirements of this
Section. If the name of no established political party
candidate was printed on the general primary ballot for a
particular office and if no person was nominated as a write-in
candidate for such office, a vacancy in nomination shall be
filled only by a person designated by the appropriate committee
of the political party and only if that designated person files
nominating petitions with the number of signatures required for
an established party candidate for that office within 75 days
after the day of the general primary. The circulation period
for those petitions begins on the day the appropriate committee
designates that person. The person shall file his or her
nominating petitions, statements of candidacy, notice of
appointment by the appropriate committee, and receipt of filing
his or her statement of economic interests together. These
documents shall be filed at the same location as provided in
Section 7-12. The electoral boards having jurisdiction under
Section 10-9 to hear and pass upon objections to nominating
petitions also State Board of Elections shall hear and pass
upon all objections to nomination petitions filed by candidates
under this paragraph.
    A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at such primary election, is
ineligible to be listed on the ballot at that general or
consolidated election as a candidate of another political
party.
    A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as a candidate
of another political party.
    In the proceedings to nominate a candidate to fill a
vacancy or to fill a vacancy in the nomination, each precinct,
township, ward, county or congressional district, as the case
may be, shall through its representative on such central or
managing committee, be entitled to one vote for each ballot
voted in such precinct, township, ward, county or congressional
district, as the case may be, by the primary electors of its
party at the primary election immediately preceding the meeting
at which such vacancy is to be filled.
    For purposes of this Section, the words "certify" and
"certification" shall refer to the act of officially declaring
the names of candidates entitled to be printed upon the
official ballot at an election and directing election
authorities to place the names of such candidates upon the
official ballot. "Certifying officers or board" shall refer to
the local election official, election authority or the State
Board of Elections, as the case may be, with whom nomination
papers, including certificates of nomination and resolutions
to fill vacancies in nomination, are filed and whose duty it is
to "certify" candidates.
(Source: P.A. 94-645, eff. 8-22-05; 96HB0723enr.)
 
    Section 10. The Illinois Procurement Code is amended by
changing Sections 20-160 and 50-37 as follows:
 
    (30 ILCS 500/20-160)
    Sec. 20-160. Business entities; certification;
registration with the State Board of Elections.
    (a) For purposes of this Section, the terms "business
entity", "contract", "State contract", "contract with a State
agency", "State agency", "affiliated entity", and "affiliated
person" have the meanings ascribed to those terms in Section
50-37.
    (b) Every bid submitted to and every contract executed by
the State on or after January 1, 2009 (the effective date of
Public this amendatory Act 95-971) of the 95th General Assembly
shall contain (1) a certification by the bidder or contractor
that either (i) the bidder or contractor is not required to
register as a business entity with the State Board of Elections
pursuant to this Section or (ii) the bidder or contractor has
registered as a business entity with the State Board of
Elections and acknowledges a continuing duty to update the
registration and (2) a statement that the contract is voidable
under Section 50-60 for the bidder's or contractor's failure to
comply with this Section.
    (c) Within 30 days after the effective date of this
amendatory Act of the 95th General Assembly, each business
entity (i) whose aggregate bids and proposals on State
contracts annually total more than $50,000, (ii) whose
aggregate bids and proposals on State contracts combined with
the business entity's aggregate annual total value of State
contracts exceed $50,000, or (iii) whose contracts with State
agencies, in the aggregate, annually total more than $50,000
shall register with the State Board of Elections in accordance
with Section 9-35 of the Election Code. A business entity
required to register under this subsection shall submit a copy
of the certificate of registration to the applicable chief
procurement officer within 90 days after the effective date of
this amendatory Act of the 95th General Assembly. A business
entity required to register under this subsection due to item
(i) or (ii) has a continuing duty to ensure that the
registration is accurate during the period beginning on the
date of registration and ending on the day after the date the
contract is awarded; any change in information must be reported
to the State Board of Elections within 2 business days
following such change. A business entity required to register
under this subsection due to item (iii) has a continuing duty
to ensure that the registration is accurate in accordance with
subsection (e) (f).
    (d) Any business entity, not required under subsection (c)
to register within 30 days after the effective date of this
amendatory Act of the 95th General Assembly, whose aggregate
bids and proposals on State contracts annually total more than
$50,000, or whose aggregate bids and proposals on State
contracts combined with the business entity's aggregate annual
total value of State contracts exceed $50,000, shall register
with the State Board of Elections in accordance with Section
9-35 of the Election Code prior to submitting to a State agency
the bid or proposal whose value causes the business entity to
fall within the monetary description of this subsection. A
business entity required to register under this subsection has
a continuing duty to ensure that the registration is accurate
during the period beginning on the date of registration and
ending on the day after the date the contract is awarded. Any
change in information must be reported to the State Board of
Elections within 5 2 business days following such change or no
later than a day before the contract is awarded, whichever date
is earlier.
    (e) A business entity whose contracts with State agencies,
in the aggregate, annually total more than $50,000 must
maintain its registration under this Section and has a
continuing duty to ensure that the registration is accurate for
the duration of the term of office of the incumbent
officeholder awarding the contracts or for a period of 2 years
following the expiration or termination of the contracts,
whichever is longer. A business entity, required to register
under this subsection, has a continuing duty to report any
changes on a quarterly basis to the State Board of Elections
within 10 business days following the last day of January,
April, July, and October of each year. Any update pursuant to
this paragraph that is received beyond that date is presumed
late and the civil penalty authorized by subsection (e) of
Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
assessed.
    Also, Any change in information shall be reported to the
State Board of Elections within 10 days following such change;
however, if a business entity required to register under this
subsection has a pending bid or proposal, any change in
information shall be reported to the State Board of Elections
within 5 2 business days or no later than a day before the
contract is awarded, whichever date is earlier.
    (f) A business entity's continuing duty under this Section
to ensure the accuracy of its registration includes the
requirement that the business entity notify the State Board of
Elections of any change in information, including but not
limited to changes of affiliated entities or affiliated
persons.
    (g) A copy of a certificate of registration must accompany
any bid or proposal for a contract with a State agency by a
business entity required to register under this Section. A
chief procurement officer shall not accept a bid or proposal
unless the certificate is submitted to the agency with the bid
or proposal.
    (h) A registration, and any changes to a registration, must
include the business entity's verification of accuracy and
subjects the business entity to the penalties of the laws of
this State for perjury.
    In addition to any penalty under Section 9-35 of the
Election Code, intentional, willful, or material failure to
disclose information required for registration shall render
the contract, bid, proposal, or other procurement relationship
voidable by the chief procurement officer if he or she deems it
to be in the best interest of the State of Illinois.
    (i) This Section applies regardless of the method of source
selection used in awarding the contract.
(Source: P.A. 95-971, eff. 1-1-09.)
 
    (30 ILCS 500/50-37)
    Sec. 50-37. Prohibition of political contributions.
    (a) As used in this Section:
        The terms "contract", "State contract", and "contract
    with a State agency" each mean any contract, as defined in
    this Code, between a business entity and a State agency let
    or awarded pursuant to this Code. The terms "contract",
    "State contract", and "contract with a State agency" do not
    include cost reimbursement contracts; purchase of care
    agreements as defined in Section 1-15.68 of this Code;
    contracts for projects eligible for full or partial
    federal-aid funding reimbursements authorized by the
    Federal Highway Administration; grants, including but are
    not limited to grants for job training or transportation;
    and grants, loans, or tax credit agreements for economic
    development purposes.
        "Contribution" means a contribution as defined in
    Section 9-1.4 of the Election Code.
        "Declared candidate" means a person who has filed a
    statement of candidacy and petition for nomination or
    election in the principal office of the State Board of
    Elections.
        "State agency" means and includes all boards,
    commissions, agencies, institutions, authorities, and
    bodies politic and corporate of the State, created by or in
    accordance with the Illinois Constitution or State
    statute, of the executive branch of State government and
    does include colleges, universities, public employee
    retirement systems, and institutions under the
    jurisdiction of the governing boards of the University of
    Illinois, Southern Illinois University, Illinois State
    University, Eastern Illinois University, Northern Illinois
    University, Western Illinois University, Chicago State
    University, Governors State University, Northeastern
    Illinois University, and the Illinois Board of Higher
    Education.
        "Officeholder" means the Governor, Lieutenant
    Governor, Attorney General, Secretary of State,
    Comptroller, or Treasurer. The Governor shall be
    considered the officeholder responsible for awarding all
    contracts by all officers and employees of, and vendors and
    others doing business with, executive branch State
    agencies under the jurisdiction of the Executive Ethics
    Commission and not within the jurisdiction of the Attorney
    General, the Secretary of State, the Comptroller, or the
    Treasurer.
        "Sponsoring entity" means a sponsoring entity as
    defined in Section 9-3 of the Election Code.
        "Affiliated person" means (i) any person with any
    ownership interest or distributive share of the bidding or
    contracting business entity in excess of 7.5%, (ii)
    executive employees of the bidding or contracting business
    entity, and (iii) the spouse and minor children of any such
    persons. "Affiliated person" does not include a person
    prohibited by federal law from making contributions or
    expenditures in connection with a federal, state, or local
    election.
        "Affiliated entity" means (i) any corporate parent and
    each operating subsidiary of the bidding or contracting
    business entity, (ii) each operating subsidiary of the
    corporate parent of the bidding or contracting business
    entity any member of the same unitary business group, (iii)
    any organization recognized by the United States Internal
    Revenue Service as a tax-exempt organization described in
    Section 501(c) of the Internal Revenue Code of 1986 (or any
    successor provision of federal tax law) established by the
    bidding or contracting business entity, any affiliated
    entity of that business entity, or any affiliated person of
    that business entity, or (iv) any political committee for
    which the bidding or contracting business entity, or any
    501(c) organization described in item (iii) related to that
    business entity, is the sponsoring entity. "Affiliated
    entity" does not include an entity prohibited by federal
    law from making contributions or expenditures in
    connection with a federal, state, or local election.
        "Business entity" means any entity doing business for
    profit, whether organized as a corporation, partnership,
    sole proprietorship, limited liability company or
    partnership, or otherwise.
        "Executive employee" means (i) the President,
    Chairman, or Chief Executive Officer of a business entity
    and any other individual that fulfills equivalent duties as
    the President, Chairman of the Board, or Chief Executive
    Officer of a business entity; and (ii) any employee of a
    business entity whose compensation is determined directly,
    in whole or in part, by the award or payment of contracts
    by a State agency to the entity employing the employee. A
    regular salary that is paid irrespective of the award or
    payment of a contract with a State agency shall not
    constitute "compensation" under item (ii) of this
    definition , or other employee with executive
    decision-making authority over the long-term and
    day-to-day affairs of the entity employing the employee, or
    an employee whose compensation is determined directly, in
    whole or in part, by the award or payment of contracts by a
    State agency to the entity employing the employee.
    "Executive employee" does not include any person
    prohibited by federal law from making contributions or
    expenditures in connection with a federal, state, or local
    election.
    (b) Any business entity whose contracts with State
agencies, in the aggregate, annually total more than $50,000,
and any affiliated entities or affiliated persons of such
business entity, are prohibited from making any contributions
to any political committees established to promote the
candidacy of (i) the officeholder responsible for awarding the
contracts or (ii) any other declared candidate for that office.
This prohibition shall be effective for the duration of the
term of office of the incumbent officeholder awarding the
contracts or for a period of 2 years following the expiration
or termination of the contracts, whichever is longer.
    (c) Any business entity whose aggregate pending bids and
proposals on State contracts total more than $50,000, or whose
aggregate pending bids and proposals on State contracts
combined with the business entity's aggregate annual total
value of State contracts exceed $50,000, and any affiliated
entities or affiliated persons of such business entity, are
prohibited from making any contributions to any political
committee established to promote the candidacy of the
officeholder responsible for awarding the contract on which the
business entity has submitted a bid or proposal during the
period beginning on the date the invitation for bids or request
for proposals is issued and ending on the day after the date
the contract is awarded.
    (d) All contracts between State agencies and a business
entity that violate subsection (b) or (c) shall be voidable
under Section 50-60. If a business entity violates subsection
(b) 3 or more times within a 36-month period, then all
contracts between State agencies and that business entity shall
be void, and that business entity shall not bid or respond to
any invitation to bid or request for proposals from any State
agency or otherwise enter into any contract with any State
agency for 3 years from the date of the last violation. A
notice of each violation and the penalty imposed shall be
published in both the Procurement Bulletin and the Illinois
Register.
    (e) Any political committee that has received a
contribution in violation of subsection (b) or (c) shall pay an
amount equal to the value of the contribution to the State no
more than 30 days after notice of the violation concerning the
contribution appears in the Illinois Register. Payments
received by the State pursuant to this subsection shall be
deposited into the general revenue fund.
(Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.)
 
    Section 15. If and only if Senate Bill 51 of the 96th
General Assembly, as enrolled, becomes law, then the Illinois
Procurement Code is amended by changing Section 50-37 as
follows:
 
    (30 ILCS 500/50-37)
    Sec. 50-37. Prohibition of political contributions.
    (a) As used in this Section:
        The terms "contract", "State contract", and "contract
    with a State agency" each mean any contract, as defined in
    this Code, between a business entity and a State agency let
    or awarded pursuant to this Code. The terms "contract",
    "State contract", and "contract with a State agency" do not
    include cost reimbursement contracts; purchase of care
    agreements as defined in Section 1-15.68 of this Code;
    contracts for projects eligible for full or partial
    federal-aid funding reimbursements authorized by the
    Federal Highway Administration; grants, including but are
    not limited to grants for job training or transportation;
    and grants, loans, or tax credit agreements for economic
    development purposes.
        "Contribution" means a contribution as defined in
    Section 9-1.4 of the Election Code.
        "Declared candidate" means a person who has filed a
    statement of candidacy and petition for nomination or
    election in the principal office of the State Board of
    Elections.
        "State agency" means and includes all boards,
    commissions, agencies, institutions, authorities, and
    bodies politic and corporate of the State, created by or in
    accordance with the Illinois Constitution or State
    statute, of the executive branch of State government and
    does include colleges, universities, public employee
    retirement systems, and institutions under the
    jurisdiction of the governing boards of the University of
    Illinois, Southern Illinois University, Illinois State
    University, Eastern Illinois University, Northern Illinois
    University, Western Illinois University, Chicago State
    University, Governors State University, Northeastern
    Illinois University, and the Illinois Board of Higher
    Education.
        "Officeholder" means the Governor, Lieutenant
    Governor, Attorney General, Secretary of State,
    Comptroller, or Treasurer. The Governor shall be
    considered the officeholder responsible for awarding all
    contracts by all officers and employees of, and vendors and
    others doing business with, executive branch State
    agencies under the jurisdiction of the Executive Ethics
    Commission and not within the jurisdiction of the Attorney
    General, the Secretary of State, the Comptroller, or the
    Treasurer.
        "Sponsoring entity" means a sponsoring entity as
    defined in Section 9-3 of the Election Code.
        "Affiliated person" means (i) any person with any
    ownership interest or distributive share of the bidding or
    contracting business entity in excess of 7.5%, (ii)
    executive employees of the bidding or contracting business
    entity, and (iii) the spouse of any such persons.
    "Affiliated person" does not include a person prohibited by
    federal law from making contributions or expenditures in
    connection with a federal, state, or local election.
        "Affiliated entity" means (i) any corporate parent and
    each operating subsidiary of the bidding or contracting
    business entity, (ii) each operating subsidiary of the
    corporate parent of the bidding or contracting business
    entity, (iii) any organization recognized by the United
    States Internal Revenue Service as a tax-exempt
    organization described in Section 501(c) of the Internal
    Revenue Code of 1986 (or any successor provision of federal
    tax law) established by the bidding or contracting business
    entity, any affiliated entity of that business entity, or
    any affiliated person of that business entity, or (iv) any
    political committee for which the bidding or contracting
    business entity, or any 501(c) organization described in
    item (iii) related to that business entity, is the
    sponsoring entity. "Affiliated entity" does not include an
    entity prohibited by federal law from making contributions
    or expenditures in connection with a federal, state, or
    local election.
        "Business entity" means any entity doing business for
    profit, whether organized as a corporation, partnership,
    sole proprietorship, limited liability company or
    partnership, or otherwise.
        "Executive employee" means (i) the President,
    Chairman, or Chief Executive Officer of a business entity
    and any other individual that fulfills equivalent duties as
    the President, Chairman of the Board, or Chief Executive
    Officer of a business entity; and (ii) any employee of a
    business entity whose compensation is determined directly,
    in whole or in part, by the award or payment of contracts
    by a State agency to the entity employing the employee. A
    regular salary that is paid irrespective of the award or
    payment of a contract with a State agency shall not
    constitute "compensation" under item (ii) of this
    definition. "Executive employee" does not include any
    person prohibited by federal law from making contributions
    or expenditures in connection with a federal, state, or
    local election.
    (b) Any business entity whose contracts with State
agencies, in the aggregate, annually total more than $50,000,
and any affiliated entities or affiliated persons of such
business entity, are prohibited from making any contributions
to any political committees established to promote the
candidacy of (i) the officeholder responsible for awarding the
contracts or (ii) any other declared candidate for that office.
This prohibition shall be effective for the duration of the
term of office of the incumbent officeholder awarding the
contracts or for a period of 2 years following the expiration
or termination of the contracts, whichever is longer.
    (c) Any business entity whose aggregate pending bids and
proposals on State contracts total more than $50,000, or whose
aggregate pending bids and proposals on State contracts
combined with the business entity's aggregate annual total
value of State contracts exceed $50,000, and any affiliated
entities or affiliated persons of such business entity, are
prohibited from making any contributions to any political
committee established to promote the candidacy of the
officeholder responsible for awarding the contract on which the
business entity has submitted a bid or proposal during the
period beginning on the date the invitation for bids or request
for proposals is issued and ending on the day after the date
the contract is awarded.
    (d) All contracts between State agencies and a business
entity that violate subsection (b) or (c) shall be voidable
under Section 50-60. If a business entity violates subsection
(b) 3 or more times within a 36-month period, then all
contracts between State agencies and that business entity shall
be void, and that business entity shall not bid or respond to
any invitation to bid or request for proposals from any State
agency or otherwise enter into any contract with any State
agency for 3 years from the date of the last violation. A
notice of each violation and the penalty imposed shall be
published in both the Procurement Bulletin and the Illinois
Register.
    (e) Any political committee that has received a
contribution in violation of subsection (b) or (c) shall pay an
amount equal to the value of the contribution to the State no
more than 30 days after notice of the violation concerning the
contribution appears in the Illinois Register. Payments
received by the State pursuant to this subsection shall be
deposited into the general revenue fund.
(Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09;
09600SB0051enr.)
 
    Section 99. Effective date. This Act takes effect January
1, 2010, except that Section 15 takes effect July 1, 2010.