State of Illinois
2017 and 2018


Introduced 7/3/2017, by Sen. Chris Nybo


10 ILCS 5/9-13  from Ch. 46, par. 9-13

    Amends the Election Code. Provides that a political committee that receives notification from the State Board of Elections to conduct an audit of its financial records must conduct that audit using the financial records required to be maintained by the committee for a period of 2 years from the close of the most recent reporting period (rather than for a period of 2 years). Effective immediately.

LRB100 13223 MLM 27647 b





SB2223LRB100 13223 MLM 27647 b

1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing Section
59-13 as follows:
6    (10 ILCS 5/9-13)  (from Ch. 46, par. 9-13)
7    Sec. 9-13. Audits of political committees.
8    (a) The Board shall have the authority to order a political
9committee to conduct an audit of the financial records required
10to be maintained by the committee to ensure compliance with
11Sections 9-8.5 and 9-10. Audits ordered by the Board shall be
12conducted as provided in this Section and as provided by Board
14    (b) The Board may order a political committee to conduct an
15audit of its financial records for any of the following
16reasons: (i) a discrepancy between the ending balance of a
17reporting period and the beginning balance of the next
18reporting period, (ii) failure to account for previously
19reported investments or loans, or (iii) a discrepancy between
20reporting contributions received by or expenditures made for a
21political committee that are reported by another political
22committee, except the Board shall not order an audit pursuant
23to this item (iii) unless there is a willful pattern of



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1inaccurate reporting or there is a pattern of similar
2inaccurate reporting involving similar contributions by the
3same contributor. Prior to ordering an audit, the Board shall
4afford the political committee due notice and an opportunity
5for a closed preliminary hearing. A political committee shall
6hire an entity qualified to perform an audit; except, a
7political committee shall not hire a person that has
8contributed to the political committee during the previous 4
10    (c) In each calendar year, the Board shall randomly order
11no more than 3% of registered political committees to conduct
12an audit. The Board shall establish a standard, scientific
13method of selecting the political committees that are to be
14audited so that every political committee has an equal
15mathematical chance of being selected.
16    (d) Upon receipt of notification from the Board ordering an
17audit, a political committee shall conduct an audit of the
18financial records required to be maintained by the committee to
19ensure compliance with the contribution limitations
20established in Section 9-8.5 and the reporting requirements
21established in Section 9-3 and Section 9-10 for a period of 2
22years from the close of the most recent reporting period or the
23period since the committee was previously ordered to conduct an
24audit, whichever is shorter. The entity performing the audit
25shall review the amount of funds and investments maintained by
26the political committee and ensure the financial records



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1accurately account for any contributions and expenditures made
2by the political committee. A certified copy of the audit shall
3be delivered to the Board within 60 calendar days after receipt
4of notice from the Board, unless the Board grants an extension
5to complete the audit. A political committee ordered to conduct
6an audit through the random selection process shall not be
7required to conduct another audit for a minimum of 5 years
8unless the Board has reason to believe the political committee
9is in violation of Section 9-3, 9-8.5, or 9-10.
10    (e) The Board shall not disclose the name of any political
11committee ordered to conduct an audit or any documents in
12possession of the Board related to an audit unless, after
13review of the audit findings, the Board has reason to believe
14the political committee is in violation of Section 9-3, 9-8.5,
15or 9-10 and the Board imposed a fine.
16    (f) Failure to deliver a certified audit in a timely manner
17is a business offense punishable by a fine of $250 per day that
18the audit is late, up to a maximum of $5,000.
19(Source: P.A. 96-832, eff. 1-1-11.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.