Section 100.150  Electronic Filing of Reports

a)         The State Board of Elections will make software available to committees required to report electronically under Section 9-28 of the Election Code.

b)         Once a committee exceeds the threshold  that requires it to report electronically, it must continue to report electronically until it dissolves, whether or not its accumulation, receipts or expenditures fall beneath the levels set by statute for mandatory electronic filing.

c)         Once a committee is required to file its reports electronically under Section 9-28, it must continue to file all reports electronically, except as follows:

1)         A paper report shall be considered a timely filing if it is received by the Board on or before the filing deadline, provided that it covers the initial reporting period during which the mandatory electronic filing threshold is exceeded and that the report is filed electronically within 30 days after receipt of notice from the Board that this report was required to have been filed electronically.  If the report is not filed electronically within this 30 day period, it shall be considered as never having been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425 will accrue from the date of the filing deadline. 

2)         A paper report shall be considered a non-filing if the committee has previously received the notification referred to in subsection (c)(1).  If the report is not filed electronically by the filing deadline, it shall be considered as having never been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425 will accrue until such time as it is filed electronically.

3)         A paper report shall be considered a timely filing if at least one previous report was required to have been filed electronically and the committee had never been notified by the Board that it was required to electronically file its reports, provided that the report is filed electronically within 30 days after the notification referred to in subsection (c)(1).  If the report is not filed electronically within this 30 day period, it shall be considered as never having been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425 will accrue from the date of the filing deadline.

4)         A paper report shall be considered a timely filing if it is received on or before the filing deadline and the committee has never exceeded the $10,000 threshold requiring the electronic filing of its reports, regardless of whether the committee filed previous reports electronically. 

5)         If a committee is assessed a civil penalty for delinquently filing a report required to be filed electronically and, in the course of its appeal, raises the defense that computer related issues (including, but not limited to, software, firewalls, system failures) prohibited the timely filing of an electronic report, the Board may consider that defense when determining the final outcome of the appeal.

6)         The electronic filing requirement established in this Section shall not apply to Reports of Independent Expenditures required to be filed by natural persons pursuant to Section 9-8.6, as those persons are not necessarily political committees.

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