Section 100.10  Definitions

 

a)         Anything of Value

 

1)         Reference:  This Part interprets or applies Sections 9-1.4, 9-1.5 and 9-1.12 of the Election Code [10 ILCS 5/9-1.4, 9-1.5, 9-1.12].

 

2)         The term "anything of value", as used in Sections 9-1.4, 9-1.5 and 9-1.12 of the Election Code, includes all things, services or goods regardless of whether they may be valued in monetary terms according to ascertainable market value.

 

3)         "Anything of value" which does not have an ascertainable market value may be reported by describing the thing, services or goods contributed, however nothing in this subsection (a)(3) relieves a committee or a contributor of the duty to provide as accurate an assessment of value as possible.

 

4)         For purposes of reporting campaign receipts and expenses, income from investments shall be included as receipts during the reporting period they are actually received.  The gross purchase price of each investment shall be reported as an expenditure at time of purchase.  Net proceeds from the sale of an investment shall be reported as a receipt.  During the period investments are held they shall be identified by name and quantity of security or instrument on each semi-annual report during the period.  The value of each instrument as of the day the reporting period closes shall be included for each asset held as an investment.

 

5)         In addition to the items expressly excluded in the Election Code, the term "anything of value" shall not be deemed to include:

 

A)        Any unreimbursed payments for travel or living expenses related to travel made by an individual who volunteers services on behalf of a candidate or political committee;

 

B)        Any news story, commentary, endorsement or editorial of any broadcasting station, newspaper, magazine or other periodical publication;

 

C)        Any regular publication by a membership organization, labor union or corporation to its officers, employees, members or stockholders, so long as the membership organization or corporation is not organized primarily for the purpose of influencing nomination for election, or election, of any candidate, or supporting or opposing any question or questions of public policy.  However, publications of an extraordinary or special nature to support or oppose a candidate or candidates or a question or questions of public policy would constitute a campaign contribution or expenditure;

 

D)        The occasional use of real property for the purpose of conveying information to officers, employees, members or stockholders and their families of a person or whoever as defined in Section 9-1.6 of the Election Code and as defined in Section 100.10(b) of this Part, including but not limited to the use of the premises for the purpose of a candidate communicating directly with officers, employees, members or stockholders and their families;

 

E)         Unrealized appreciation or loss of value of investments during the period they are held.

 

b)         Assets

 

1)         Reference:  This definition of asset interprets or applies to Section 9-5 of the Election Code.

 

2)         An asset is an item of property, other than cash or services, of whatever kind, tangible or intangible, that has either a fair market or salvage value in excess of $150.

 

c)         Candidate

 

1)         Reference:  This subsection (c) interprets or applies Section 9-1.3 of the Election Code.

 

2)         "Candidate" as that term is defined in Section 9-1.3 of the Election Code [10 ILCS 5/9-1.3] shall include, but not be limited to:

 

A)        A person who circulates or authorizes the circulation of nominating petitions on his behalf for public office;

 

B)        An individual who receives contributions or makes expenditures or gives consent for any other person to receive or make expenditures with a view to bringing about his nomination for election or re-election to any office;

 

C)        Any judicial incumbent who qualifies for retention.

 

d)         Filing

 

1)         To constitute a "filing" as used in the Election Code and this Part, the statement, report or document must be in apparent and substantial conformity with the requirements of the Election Code.  "Apparent and substantial conformity" requires that the filing contain the following:

 

A)        The signature of the person making the filing;

 

B)        Completion of all applicable sections of the report; and

 

C)        Attachment of all appropriate schedules.

 

2)         Inadvertent error or omission of a de minimus nature in the completion of report, statement or document shall not be deemed to a "willful failure to file or a willful filing of false or incomplete information" pursuant to Section 9-26 of the Election Code.

 

e)         Statement of Organization

 

1)         Reference:  This provision interprets Sections 9-3 and 9-7.5 of the Election Code [10 ILCS 5/9-3 and 9-7.5].

 

2)         A committee officer must, in filling out the Form D-1, use the name that appears on his or her birth certificate, baptismal record, voter's registration card, statement of candidacy or nominating petition, or any other name by which the officer is commonly known in the community in which the officer resides.  Aliases created for the purpose of filing under Article 9 of the Election Code may not be used.

 

f)          Person or Whoever

 

1)         Reference:  This subsection (f) interprets or applies Section 9-1.6 of the Election Code.

 

2)         The terms "other organizations" and "groups of persons" as defined in Section 9-1.6 of the Election Code shall include, but not be limited to,  all corporations, labor unions, trade associations or other such groups, religious organizations, fraternal societies, luncheon and dinner organizations, unless any of these groups, other than labor unions, are nonprofit organizations as defined in subsection (i) and Section 100.130.

 

g)         Political Committee

 

1)         Reference:  This subsection (g) interprets or applies Section 9-1.9 of the Election Code.

 

2)         A person or whoever, as defined in Section 9-1.6 of the Election Code [10 ILCS 5/9-1.6] and as defined in subsection (b) does not qualify as a political committee pursuant to Article 9 of the Election Code by simply making a contribution from his or her personal income or profits regardless of the amount of the donations.

 

3)         If a person or whoever solicits or receives funds for political purposes or acts as a conduit for political funds, he or she would, in fact, become a political committee and have to comply with all provisions of Article 9 of the Election Code.

 

h)         Signature

 

1)         Reference: This subsection (h) interprets or applies to Sections 9-4, 9-7.5, 9-12 and 9-14 of the Election Code.

 

2)         The term "signature" or "signed" as used in Article 9 of the Election Code, and as used in the rules and regulations implementing the Election Code, includes electronic signatures attached and made a part of electronic records submitted to the State Board of Elections pursuant to Section 9-28 of the Election Code.

 

i)          "Labor Union" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of bargaining with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

 

j)         "Nonprofit Organization" means any organization that is organized on a nonprofit or not-for-profit basis that is on file or should be on file with the Business Service Division of the Illinois Secretary of State as required by the General Not-For-Profit Corporation Act of 1980 [805 ILCS 105], a not-for-profit corporation as defined under section 501 of the Internal Revenue Code (26 USC 501), organization as defined in section 527 of the Internal Revenue Code (26 USC 527), or organization registered with the Charitable Trust Bureau of the Attorney General's Office (see 760 ILCS 55).  Nonprofit organization also applies to any organization that operates as or holds itself out as a nonprofit organization such that it would be required to register with the appropriate regulating authority, regardless if it has taken affirmative action to obtain proper recognition.  Nonprofit organization also applies to any out-of-state organization meeting its state's requirements.

 

k)          "Original Source of Money" means a contributor who makes a contribution directly to the nonprofit organization as defined in Section 9-1.4 of the Election Code.

 

(Source:  Amended at 30 Ill. Reg. 17496, effective November 3, 2006)