Section 100.10  Definitions

 

a)         General Definitions

 

"Article 9" means Article 9 of the Election Code (campaign disclosures, contributions and expenditures).

 

"Board" means the Illinois State Board of Elections.

 

"Election Code" or "Code" means 10 ILCS 5.

 

"File", "Filed" or "Filing" means:

 

The statement, report or document being filed is in apparent and substantial conformity with the requirements of the Election Code.  Apparent and substantial conformity requires that the filing contain the following:

 

The signature of the person making the filing;

 

Completion of all applicable sections of the report; and

 

Attachment of all appropriate schedules.

 

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

 

"Immediate Family" means the spouse, parent or child of the public official, candidate or any other person referred to in this Part. A parent shall include a stepparent or adoptive parent.  A child shall mean a biological, adopted or stepchild.

 

"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.

 

"Public Office" means, among other things, an elective office. The term includes the political party offices of state central, county, ward, township and precinct committeeman.

 

"Signature" or "Signed", as used in Article 9 and this Part, 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.

 

"Submit" or "Submitting", as used in Section 9-11 of the Election Code, means actually filing a report with the Board through the following methods:

 

uploading a report electronically or, if accomplished at a Board office or with the assistance of Board staff, the committee representative is present and/or authorizing the report filing;

 

using the U.S. Postal Service, overnight delivery, or any other delivery service;

 

hand delivering a report to the Board; or

 

faxing a Schedule A-1 to the Board.

 

With the exception of the chairman or the treasurer, the person submitting the report on behalf of the committee must list himself or herself as having submitted the report.

 

b)         Definitions Interpreting Specific Sections of the Election Code

 

1)         Assets

 

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

 

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

 

2)         Candidate

 

A)        Reference:  This subsection (b)(2) interprets or applies to Section 9-1.3 of the Election Code.

 

B)        "Candidate", as that term is defined in Section 9-1.3 of the Election Code, shall include, but not be limited to:

 

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

 

ii)         An individual who receives contributions or makes expenditures or gives consent for any other person to receive contributions or make expenditures for the purpose of bringing about his or her nomination for election or re-election to any office;

 

iii)         Any judicial incumbent who qualifies for retention.

 

3)         Contributions and Anything of Value

 

A)        Reference:  This subsection (b)(3) interprets or applies Sections 9-1.4, 9-1.5, 9-1.6, 9-1.8,  9-1.9, 9-1.10, 9-1.12, 9-1.14 and 9-1.15 of the Election Code [10 ILCS 5/9-1.4, 9-1.5, 9-1.6, 9-1.8,  9-1.9, 9-1.10, 9-1.12, 9-1.14 and 9-1.15].

 

B)        The term "anything of value", as used in Sections 9-1.4, 9-1.5 and 9-1.12 of the Election Code, means any item, thing, service or goods, regardless of whether valued in monetary terms according to ascertainable market value.

 

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

 

D)        Interest, other investment income, earnings or proceeds, and refunds and returns shall not be reported as a contribution, but shall be reported as a receipt according to this subsection (b)(3).  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 quarterly 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.

 

E)         In addition to the items expressly excluded in the Election Code, the terms "anything of value" and "contribution" shall not be deemed to include:

 

i)          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;

 

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

 

iii)         Any publication by a membership association or corporation to its officers, employees, members, stockholders, or members of the immediate families of these persons, so long as the membership association or corporation is not organized primarily for the purpose of influencing the nomination for election, election, or retention of any candidate, or supporting or opposing any question or questions of public policy;

 

iv)        The occasional use of real property of a person or whoever, as defined in Section 9-1.6 of the Election Code, and as defined in Section 100.10(g) of this Part, for the purpose of conveying information to officers, employees, members or stockholders of an association or a corporation, and the immediate families of these persons, 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 the immediate families of these persons;

 

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

 

F)         A loan of money from a bank, credit union, or other financial institution to a candidate or public official, or his or her political committee, shall not be listed as a contribution from that institution.  However, the loan must still be reported on political committees' quarterly reports.  Security for a loan, if provided by a person other than the candidate or the candidate's political committee, does qualify as a contribution and shall be reported as having come from the person who provided it.

 

G)        Independent expenditures are not contributions, as that term is defined in Section 9-1.4 of the Election Code.  Independent expenditures are those made for the purpose of electioneering communication, as that term is defined in Section 9-1.14, or that expressly advocates the election, nomination or defeat of a candidate and that is not made in cooperation, concert or consultation with, or at the request or suggestion of, the public official or candidate.  Communications that expressly advocate the election, nomination or defeat of a candidate are those that unequivocally state in the communication that the candidate ought to be elected, nominated or defeated.  These communications typically contain the terms "vote for", "elect" or, in the case of expressly advocating the defeat of a candidate, "vote against", "vote no", "defeat", etc.

 

H)        "Clearly identifiable candidate" means the candidate's name (first name and surname) but does not necessarily have to include the candidate's middle name or middle initial.  A clearly identifiable candidate can also be one that is described in such a way as to exclude any other candidate so as to leave no doubt in the mind of the person being communicated to as to whom the communication is referring.  For example: "The Democratic Party's candidate for Mayor", "Congressman Jones", or "the former Republican candidate for Congressman who was defeated at the most recent General Election".  A clearly identifiable candidate can also be described by use of a photograph or other visual image or likeness.

 

I)          A communication by a corporation, a limited liability company, or an association to its members or stockholders and executive or administrative personnel, or the immediate families of these persons, is not a contribution.  For purposes of this Part, a corporation is one that is registered with the Business Services Division of the Illinois Secretary of State or is similarly registered with any other state in compliance with that state's laws or that operates as or holds itself out as a corporation so that it would be required to register with the Illinois Secretary of State, regardless if it has taken affirmative action to so register. For purposes of this Part, an association is defined broadly to include any group of persons or entities that have a common purpose and that have an organizational structure with an existing membership roster and governing by-laws or other similar rules. An association includes those that are both for-profit and not-for-profit (however the entity does not necessarily have to be organized under the laws of this or any other state) and includes a labor union as that term is defined in subsection (a).

 

J)           A voter registration campaign or other Get Out The Vote (GOTV) activity is not deemed to be "anything of value" or a "contribution", so long as the campaign or activity makes no mention of any clearly identified candidate, public question, political party, group or combination of these entities.

 

4)         Person or Whoever

 

A)        Reference:  This subsection (b)(4) interprets or applies Section 9-1.6 of the Election Code.

 

B)        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, etc.

 

5)         Political Committee

 

A)        Reference:  This subsection (b)(5) interprets or applies Sections 9-1.8 and 9-1.9 of the Election Code.

 

B)        A person or whoever, as defined in Section 9-1.6 of the Election Code and in subsection (b)(4), 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.  If an entity, other than a natural person, makes an expenditure or expenditures in aggregate within a 12 month period in excess of $3,000 supporting or opposing public officials or candidates, then the entity qualifies as a political committee.

 

C)        If a person or whoever solicits or receives funds for political purposes , he or she would, in fact, become a political committee and would have to comply with all provisions of Article 9 of the Election Code.  The provisions of this subsection (b)(5) shall not apply to those persons who accept contributions from at least 5 individuals as provided in Section 9-6 of the Code.

 

D)        Political committees shall include candidate committees, political party committees, political action committees and ballot initiative committees, as those terms are defined in Section 9-1.8 of the Election Code.  Candidates who form a new political party under Section 10-2 of the Code may collectively form a political party committee to support their candidacy or each candidate may individually form candidate committees. Groups of candidates who run as either independents under Section 10-3 of the Code, or as non-partisan candidates by virtue of the office being non-partisan pursuant to statute, may collectively form a political action committee to support their candidacy, or may individually form a candidate committee. Candidates of established political parties may collectively form a political action committee to support their candidacy. Candidates who exercise the option of forming a political action committee may not include the names of any of the candidates in the name of the political action committee. A political action committee must, however, include the name of the office that the candidates are seeking and the name of the political subdivision or unit of local government to which the office pertains.  In all cases except political party committees, political committees are limited to those that accept contributions or make expenditures in an aggregate amount exceeding $3,000 on behalf of or in opposition to candidates, or, in the case of a ballot initiative committee, in support of or opposition to questions of public policy.

 

i)          Political Party Committees referred to in Section 9-1.8(c) of the Election Code include "legislative caucus committees" and are defined as caucuses that are established by either 5 or more members of the same caucus in the Senate or 10 or more members of the same caucus in the House of Representatives.  These committees shall include any caucus declared by its membership to be a caucus. If the number of caucus members of a given caucus committee decreases below the designated threshold (5 Senate/10 House members), the caucus committee shall become a political action committee, as that term is defined in Section 9-1.8 of the Code, and be subject to the contribution limits pertaining to political action committees established in Section 9-8.6(d), unless the caucus committee either fills the vacancy or dissolves within 5 business days after the date the vacancy occurred.

 

ii)         For purposes of Section 9-1.9 of the Code, a judicial candidate running for retention subsequent to his or her first retention candidacy following the candidate's election shall be subject to the election cycle established in Section 9-1.9(3), except that the period shall begin on January 1 following the candidate's retention (as opposed to his or her election) and extending to the day the candidate files his or her next declaration to seek retention and the period beginning after that day and extending to December 31 following the candidate's retention election.  This judicial retention election cycle is subject to the fundraising restrictions contained in Canon 7 of Rule 67 of the Rules of the Illinois Supreme Court (committees established to support judicial candidates may not solicit contributions more than 1 year preceding the election in which the candidate is seeking judicial office or retention thereto, and no later than 90 days following such election).

 

iii)         Any corporation, labor organization, political committee or association that acts as a conduit in facilitating the delivery of dues, levies or similar assessments to a political action committee as provided in Section 9-8.5(i) of the Code shall not be considered to be a political action committee within the meaning of the disclosure and regulation requirements of Article IX of the Code.

 

iv)        For purposes of Section 9-1.9(4) of the Code, the election cycle for a candidate political committee organized to support a candidate to be elected at a consolidated primary or a consolidated election shall run from:

 

•     the period beginning July 1 following the consolidated election for which the candidate seeks nomination or election and ending on the day of the consolidated primary election for that office; or

 

•     the period beginning the day after a consolidated primary election for the office to which the candidate seeks nomination or election and through June 30 following that consolidated election.

 

E)         If an entity forming a political action committee under Section 9-2(d) is not a clearly identifiable trust, partnership, committee, association, corporation or other organization, but rather a group of persons lacking any formal organizational structure, the name of the political committee shall include the name (first and last) of the person or persons responsible for its formation or its continuing operation.

 

F)         The name of a ballot initiative committee must include a brief description of the question or questions and whether the committee is organized to support or oppose the question or questions. The name shall not exceed 70 characters (based on U.S. Post Office restrictions applicable to mailing labels) and shall include keywords that would provide a reasonable person with a general understanding of the subject matter of the question or questions and whether the committee was formed to support or oppose the question or questions.

 

G)        A political committee that fails to make the designation required by Section 9-2 of the Code on or before December 31, 2010 may be subject to a complaint filed by the Board or a third party. The complaint shall be filed under the provisions of Sections 9-20 and 9-21 of the Code.

 

6)         Statement of Organization

 

A)        Reference:  This subsection (b)(6) interprets Section 9-3 of the Election Code.

 

B)        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.

 

C)        The prohibition contained in Section 9-3(d)(iii) of the Election Code against making contributions from a ballot initiative committee to a candidate or candidates for nomination for election, election or retention to public office shall not include refunds of contributions to the candidate so long as the refund does not exceed the amount the candidate originally contributed.

 

D)        For the purpose of this subsection (b)(6), the term "person" contained in the definition of "sponsoring entity" shall not include a political committee.  The term "sponsoring entity" is defined in Section 100.170.

 

E)         A complaint for willfully filing a false or incomplete Statement of Organization shall be subject to the provisions of Sections 9-20 and 9-21 of the Code.

 

(Source:  Amended at 35 Ill. Reg. 2295, effective February 4, 2011)