Section 100.125  Receipt by Mail of Pre-Election and Semiannual Reports of Campaign Contributions and Expenditures

a)         Pre-election and semiannual reports of campaign contributions and expenditures must be received by the Board within the filing periods set forth in Section 9-10 of the Election Code.  Subject to subsections (b) and (c) of this Section, if the reports are filed by mail and received by the Board after the filing deadline, they shall be considered delinquent and subject to penalties as provided in Section 9-10 of the Election Code and 26 Ill. Adm. Code 125.425.  However, pursuant to Section 9-10(b) and (c) of the Election Code, if the envelope containing the reports contains a postmark showing that the envelope was mailed at least 72 hours prior to the due date, the reports shall be considered timely filed, regardless of when received in the office of the State Board of Elections.

b)         If the envelope containing either of the Reports named in subsection (a) of this Section is not received by the Board, the envelope is received but does not have a postmark printed by the United States Postal Service, or if the postmark is illegible, the report will either be deemed to have not been received or deemed to have been received on the date the envelope officially arrives in the office of the State Board of Elections.  However, if the political committee is assessed a civil penalty for failing to file or delinquently filing either of the reports and, as part of the committee's appeal of the civil penalty assessment, it is alleged by the treasurer, chairman or candidate on a signed and notarized affidavit verifying that the report was mailed more than 72 hours prior to the filing deadline, and this is the first time the committee has made this claim as part of its appeal, the presumptive date of receipt will be rebutted by the testimony contained in the affidavit and the report will be deemed to have been timely received.

c)         When the committee raises the defense described in subsection (b) as part of its appeal for any subsequent civil penalty assessments, the appeal affidavit shall be accompanied by a certificate issued by the United States Postal Service showing the date on which the envelope was deposited with the United States Postal Service.  The Board shall not consider this defense as valid in the absence of the certificate.

d)         When a political committee raises the defense described in subsection (b) at any time after an appeal has been granted pursuant to subsection (b), that defense shall be denied without consideration by the Board unless a certificate, issued by the United States Postal Service, verifying the date upon which the transmitting envelope was deposited with the United States Postal Service, is attached to the appeal affidavit.  If the certificate is attached to the appeal affidavit, the Board shall hear and determine the appeal as it deems appropriate.

(Source:  Added at 31 Ill. Reg. 7142, effective May 1, 2007)