Illinois General Assembly

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Full Text of HB0007  96th General Assembly

HB0007enr 96TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 7-8, 9-1.4, 9-1.5, 9-1.6, 9-1.7, 9-1.8, 9-1.14, 9-3,
6 9-4, 9-7.5, 9-10, 9-13, 9-14, 9-21, 9-23, 9-28, and 9-30 and by
7 adding Sections 9-8.5, 9-8.6, 9-23.5, 9-28.5, and 9-40 as
8 follows:
 
9     (10 ILCS 5/7-8)  (from Ch. 46, par. 7-8)
10     Sec. 7-8. The State central committee shall be composed of
11 one or two members from each congressional district in the
12 State and shall be elected as follows:
13
State Central Committee
14     (a) Within 30 days after the effective date of this
15 amendatory Act of 1983 the State central committee of each
16 political party shall certify to the State Board of Elections
17 which of the following alternatives it wishes to apply to the
18 State central committee of that party.
19     Alternative A. At the primary in 1970 and at the general
20 primary election held every 4 years thereafter, each primary
21 elector may vote for one candidate of his party for member of
22 the State central committee for the congressional district in
23 which he resides. The candidate receiving the highest number of

 

 

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1 votes shall be declared elected State central committeeman from
2 the district. A political party may, in lieu of the foregoing,
3 by a majority vote of delegates at any State convention of such
4 party, determine to thereafter elect the State central
5 committeemen in the manner following:
6     At the county convention held by such political party State
7 central committeemen shall be elected in the same manner as
8 provided in this Article for the election of officers of the
9 county central committee, and such election shall follow the
10 election of officers of the county central committee. Each
11 elected ward, township or precinct committeeman shall cast as
12 his vote one vote for each ballot voted in his ward, township,
13 part of a township or precinct in the last preceding primary
14 election of his political party. In the case of a county lying
15 partially within one congressional district and partially
16 within another congressional district, each ward, township or
17 precinct committeeman shall vote only with respect to the
18 congressional district in which his ward, township, part of a
19 township or precinct is located. In the case of a congressional
20 district which encompasses more than one county, each ward,
21 township or precinct committeeman residing within the
22 congressional district shall cast as his vote one vote for each
23 ballot voted in his ward, township, part of a township or
24 precinct in the last preceding primary election of his
25 political party for one candidate of his party for member of
26 the State central committee for the congressional district in

 

 

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1 which he resides and the Chairman of the county central
2 committee shall report the results of the election to the State
3 Board of Elections. The State Board of Elections shall certify
4 the candidate receiving the highest number of votes elected
5 State central committeeman for that congressional district.
6     The State central committee shall adopt rules to provide
7 for and govern the procedures to be followed in the election of
8 members of the State central committee.
9     After the effective date of this amendatory Act of the 91st
10 General Assembly, whenever a vacancy occurs in the office of
11 Chairman of a State central committee, or at the end of the
12 term of office of Chairman, the State central committee of each
13 political party that has selected Alternative A shall elect a
14 Chairman who shall not be required to be a member of the State
15 Central Committee. The Chairman shall be a registered voter in
16 this State and of the same political party as the State central
17 committee.
18     Alternative B. Each congressional committee shall, within
19 30 days after the adoption of this alternative, appoint a
20 person of the sex opposite that of the incumbent member for
21 that congressional district to serve as an additional member of
22 the State central committee until his or her successor is
23 elected at the general primary election in 1986. Each
24 congressional committee shall make this appointment by voting
25 on the basis set forth in paragraph (e) of this Section. In
26 each congressional district at the general primary election

 

 

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1 held in 1986 and every 4 years thereafter, the male candidate
2 receiving the highest number of votes of the party's male
3 candidates for State central committeeman, and the female
4 candidate receiving the highest number of votes of the party's
5 female candidates for State central committeewoman, shall be
6 declared elected State central committeeman and State central
7 committeewoman from the district. At the general primary
8 election held in 1986 and every 4 years thereafter, if all a
9 party's candidates for State central committeemen or State
10 central committeewomen from a congressional district are of the
11 same sex, the candidate receiving the highest number of votes
12 shall be declared elected a State central committeeman or State
13 central committeewoman from the district, and, because of a
14 failure to elect one male and one female to the committee, a
15 vacancy shall be declared to exist in the office of the second
16 member of the State central committee from the district. This
17 vacancy shall be filled by appointment by the congressional
18 committee of the political party, and the person appointed to
19 fill the vacancy shall be a resident of the congressional
20 district and of the sex opposite that of the committeeman or
21 committeewoman elected at the general primary election. Each
22 congressional committee shall make this appointment by voting
23 on the basis set forth in paragraph (e) of this Section.
24     The Chairman of a State central committee composed as
25 provided in this Alternative B must be selected from the
26 committee's members.

 

 

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1     Except as provided for in Alternative A with respect to the
2 selection of the Chairman of the State central committee, under
3 both of the foregoing alternatives, the State central committee
4 of each political party shall be composed of members elected or
5 appointed from the several congressional districts of the
6 State, and of no other person or persons whomsoever. The
7 members of the State central committee shall, within 41 days
8 after each quadrennial election of the full committee, meet in
9 the city of Springfield and organize by electing a chairman,
10 and may at such time elect such officers from among their own
11 number (or otherwise), as they may deem necessary or expedient.
12 The outgoing chairman of the State central committee of the
13 party shall, 10 days before the meeting, notify each member of
14 the State central committee elected at the primary of the time
15 and place of such meeting. In the organization and proceedings
16 of the State central committee, each State central committeeman
17 and State central committeewoman shall have one vote for each
18 ballot voted in his or her congressional district by the
19 primary electors of his or her party at the primary election
20 immediately preceding the meeting of the State central
21 committee. Whenever a vacancy occurs in the State central
22 committee of any political party, the vacancy shall be filled
23 by appointment of the chairmen of the county central committees
24 of the political party of the counties located within the
25 congressional district in which the vacancy occurs and, if
26 applicable, the ward and township committeemen of the political

 

 

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1 party in counties of 2,000,000 or more inhabitants located
2 within the congressional district. If the congressional
3 district in which the vacancy occurs lies wholly within a
4 county of 2,000,000 or more inhabitants, the ward and township
5 committeemen of the political party in that congressional
6 district shall vote to fill the vacancy. In voting to fill the
7 vacancy, each chairman of a county central committee and each
8 ward and township committeeman in counties of 2,000,000 or more
9 inhabitants shall have one vote for each ballot voted in each
10 precinct of the congressional district in which the vacancy
11 exists of his or her county, township, or ward cast by the
12 primary electors of his or her party at the primary election
13 immediately preceding the meeting to fill the vacancy in the
14 State central committee. The person appointed to fill the
15 vacancy shall be a resident of the congressional district in
16 which the vacancy occurs, shall be a qualified voter, and, in a
17 committee composed as provided in Alternative B, shall be of
18 the same sex as his or her predecessor. A political party may,
19 by a majority vote of the delegates of any State convention of
20 such party, determine to return to the election of State
21 central committeeman and State central committeewoman by the
22 vote of primary electors. Any action taken by a political party
23 at a State convention in accordance with this Section shall be
24 reported to the State Board of Elections by the chairman and
25 secretary of such convention within 10 days after such action.
26
Ward, Township and Precinct Committeemen

 

 

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1     (b) At the primary in 1972 and at the general primary
2 election every 4 years thereafter, each primary elector in
3 cities having a population of 200,000 or over may vote for one
4 candidate of his party in his ward for ward committeeman. Each
5 candidate for ward committeeman must be a resident of and in
6 the ward where he seeks to be elected ward committeeman. The
7 one having the highest number of votes shall be such ward
8 committeeman of such party for such ward. At the primary
9 election in 1970 and at the general primary election every 4
10 years thereafter, each primary elector in counties containing a
11 population of 2,000,000 or more, outside of cities containing a
12 population of 200,000 or more, may vote for one candidate of
13 his party for township committeeman. Each candidate for
14 township committeeman must be a resident of and in the township
15 or part of a township (which lies outside of a city having a
16 population of 200,000 or more, in counties containing a
17 population of 2,000,000 or more), and in which township or part
18 of a township he seeks to be elected township committeeman. The
19 one having the highest number of votes shall be such township
20 committeeman of such party for such township or part of a
21 township. At the primary in 1970 and at the general primary
22 election every 2 years thereafter, each primary elector, except
23 in counties having a population of 2,000,000 or over, may vote
24 for one candidate of his party in his precinct for precinct
25 committeeman. Each candidate for precinct committeeman must be
26 a bona fide resident of the precinct where he seeks to be

 

 

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1 elected precinct committeeman. The one having the highest
2 number of votes shall be such precinct committeeman of such
3 party for such precinct. The official returns of the primary
4 shall show the name of the committeeman of each political
5 party.
6     Terms of Committeemen. All precinct committeemen elected
7 under the provisions of this Article shall continue as such
8 committeemen until the date of the primary to be held in the
9 second year after their election. Except as otherwise provided
10 in this Section for certain State central committeemen who have
11 2 year terms, all State central committeemen, township
12 committeemen and ward committeemen shall continue as such
13 committeemen until the date of primary to be held in the fourth
14 year after their election. However, a vacancy exists in the
15 office of precinct committeeman when a precinct committeeman
16 ceases to reside in the precinct in which he was elected and
17 such precinct committeeman shall thereafter neither have nor
18 exercise any rights, powers or duties as committeeman in that
19 precinct, even if a successor has not been elected or
20 appointed.
21     (c) The Multi-Township Central Committee shall consist of
22 the precinct committeemen of such party, in the multi-township
23 assessing district formed pursuant to Section 2-10 of the
24 Property Tax Code and shall be organized for the purposes set
25 forth in Section 45-25 of the Township Code. In the
26 organization and proceedings of the Multi-Township Central

 

 

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1 Committee each precinct committeeman shall have one vote for
2 each ballot voted in his precinct by the primary electors of
3 his party at the primary at which he was elected.
4
County Central Committee
5     (d) The county central committee of each political party in
6 each county shall consist of the various township committeemen,
7 precinct committeemen and ward committeemen, if any, of such
8 party in the county. In the organization and proceedings of the
9 county central committee, each precinct committeeman shall
10 have one vote for each ballot voted in his precinct by the
11 primary electors of his party at the primary at which he was
12 elected; each township committeeman shall have one vote for
13 each ballot voted in his township or part of a township as the
14 case may be by the primary electors of his party at the primary
15 election for the nomination of candidates for election to the
16 General Assembly immediately preceding the meeting of the
17 county central committee; and in the organization and
18 proceedings of the county central committee, each ward
19 committeeman shall have one vote for each ballot voted in his
20 ward by the primary electors of his party at the primary
21 election for the nomination of candidates for election to the
22 General Assembly immediately preceding the meeting of the
23 county central committee.
24
Cook County Board of Review Election District Committee
25     (d-1) Each board of review election district committee of
26 each political party in Cook County shall consist of the

 

 

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1 various township committeemen and ward committeemen, if any, of
2 that party in the portions of the county composing the board of
3 review election district. In the organization and proceedings
4 of each of the 3 election district committees, each township
5 committeeman shall have one vote for each ballot voted in his
6 or her township or part of a township, as the case may be, by
7 the primary electors of his or her party at the primary
8 election immediately preceding the meeting of the board of
9 review election district committee; and in the organization and
10 proceedings of each of the 3 election district committees, each
11 ward committeeman shall have one vote for each ballot voted in
12 his or her ward or part of that ward, as the case may be, by the
13 primary electors of his or her party at the primary election
14 immediately preceding the meeting of the board of review
15 election district committee.
16
Congressional Committee
17     (e) The congressional committee of each party in each
18 congressional district shall be composed of the chairmen of the
19 county central committees of the counties composing the
20 congressional district, except that in congressional districts
21 wholly within the territorial limits of one county, the
22 precinct committeemen, township committeemen and ward
23 committeemen, if any, of the party representing the precincts
24 within the limits of the congressional district, shall compose
25 the congressional committee. A State central committeeman in
26 each district shall be a member and the chairman or, when a

 

 

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1 district has 2 State central committeemen, a co-chairman of the
2 congressional committee, but shall not have the right to vote
3 except in case of a tie.
4     In the organization and proceedings of congressional
5 committees composed of precinct committeemen or township
6 committeemen or ward committeemen, or any combination thereof,
7 each precinct committeeman shall have one vote for each ballot
8 voted in his precinct by the primary electors of his party at
9 the primary at which he was elected, each township committeeman
10 shall have one vote for each ballot voted in his township or
11 part of a township as the case may be by the primary electors
12 of his party at the primary election immediately preceding the
13 meeting of the congressional committee, and each ward
14 committeeman shall have one vote for each ballot voted in each
15 precinct of his ward located in such congressional district by
16 the primary electors of his party at the primary election
17 immediately preceding the meeting of the congressional
18 committee; and in the organization and proceedings of
19 congressional committees composed of the chairmen of the county
20 central committees of the counties within such district, each
21 chairman of such county central committee shall have one vote
22 for each ballot voted in his county by the primary electors of
23 his party at the primary election immediately preceding the
24 meeting of the congressional committee.
25
Judicial District Committee
26     (f) The judicial district committee of each political party

 

 

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1 in each judicial district shall be composed of the chairman of
2 the county central committees of the counties composing the
3 judicial district.
4     In the organization and proceedings of judicial district
5 committees composed of the chairmen of the county central
6 committees of the counties within such district, each chairman
7 of such county central committee shall have one vote for each
8 ballot voted in his county by the primary electors of his party
9 at the primary election immediately preceding the meeting of
10 the judicial district committee.
11
Circuit Court Committee
12     (g) The circuit court committee of each political party in
13 each judicial circuit outside Cook County shall be composed of
14 the chairmen of the county central committees of the counties
15 composing the judicial circuit.
16     In the organization and proceedings of circuit court
17 committees, each chairman of a county central committee shall
18 have one vote for each ballot voted in his county by the
19 primary electors of his party at the primary election
20 immediately preceding the meeting of the circuit court
21 committee.
22
Judicial Subcircuit Committee
23     (g-1) The judicial subcircuit committee of each political
24 party in each judicial subcircuit in a judicial circuit divided
25 into subcircuits shall be composed of (i) the ward and township
26 committeemen of the townships and wards composing the judicial

 

 

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1 subcircuit in Cook County and (ii) the precinct committeemen of
2 the precincts composing the judicial subcircuit in any county
3 other than Cook County.
4     In the organization and proceedings of each judicial
5 subcircuit committee, each township committeeman shall have
6 one vote for each ballot voted in his township or part of a
7 township, as the case may be, in the judicial subcircuit by the
8 primary electors of his party at the primary election
9 immediately preceding the meeting of the judicial subcircuit
10 committee; each precinct committeeman shall have one vote for
11 each ballot voted in his precinct or part of a precinct, as the
12 case may be, in the judicial subcircuit by the primary electors
13 of his party at the primary election immediately preceding the
14 meeting of the judicial subcircuit committee; and each ward
15 committeeman shall have one vote for each ballot voted in his
16 ward or part of a ward, as the case may be, in the judicial
17 subcircuit by the primary electors of his party at the primary
18 election immediately preceding the meeting of the judicial
19 subcircuit committee.
20
Municipal Central Committee
21     (h) The municipal central committee of each political party
22 shall be composed of the precinct, township or ward
23 committeemen, as the case may be, of such party representing
24 the precincts or wards, embraced in such city, incorporated
25 town or village. The voting strength of each precinct, township
26 or ward committeeman on the municipal central committee shall

 

 

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1 be the same as his voting strength on the county central
2 committee.
3     For political parties, other than a statewide political
4 party, established only within a municipality or township, the
5 municipal or township managing committee shall be composed of
6 the party officers of the local established party. The party
7 officers of a local established party shall be as follows: the
8 chairman and secretary of the caucus for those municipalities
9 and townships authorized by statute to nominate candidates by
10 caucus shall serve as party officers for the purpose of filling
11 vacancies in nomination under Section 7-61; for municipalities
12 and townships authorized by statute or ordinance to nominate
13 candidates by petition and primary election, the party officers
14 shall be the party's candidates who are nominated at the
15 primary. If no party primary was held because of the provisions
16 of Section 7-5, vacancies in nomination shall be filled by the
17 party's remaining candidates who shall serve as the party's
18 officers.
19
Powers
20     (i) Each committee and its officers shall have the powers
21 usually exercised by such committees and by the officers
22 thereof, not inconsistent with the provisions of this Article.
23 The several committees herein provided for shall not have power
24 to delegate any of their powers, or functions to any other
25 person, officer or committee, but this shall not be construed
26 to prevent a committee from appointing from its own membership

 

 

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1 proper and necessary subcommittees.
2     (j) The State central committee of a political party which
3 elects it members by Alternative B under paragraph (a) of this
4 Section shall adopt a plan to give effect to the delegate
5 selection rules of the national political party and file a copy
6 of such plan with the State Board of Elections when approved by
7 a national political party.
8     (k) For the purpose of the designation of a proxy by a
9 Congressional Committee to vote in place of an absent State
10 central committeeman or committeewoman at meetings of the State
11 central committee of a political party which elects its members
12 by Alternative B under paragraph (a) of this Section, the proxy
13 shall be appointed by the vote of the ward and township
14 committeemen, if any, of the wards and townships which lie
15 entirely or partially within the Congressional District from
16 which the absent State central committeeman or committeewoman
17 was elected and the vote of the chairmen of the county central
18 committees of those counties which lie entirely or partially
19 within that Congressional District and in which there are no
20 ward or township committeemen. When voting for such proxy the
21 county chairman, ward committeeman or township committeeman,
22 as the case may be shall have one vote for each ballot voted in
23 his county, ward or township, or portion thereof within the
24 Congressional District, by the primary electors of his party at
25 the primary at which he was elected. However, the absent State
26 central committeeman or committeewoman may designate a proxy

 

 

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1 when permitted by the rules of a political party which elects
2 its members by Alternative B under paragraph (a) of this
3 Section.
4     Notwithstanding any law to the contrary, a person is
5 ineligible to hold the position of committeeperson in any
6 committee established pursuant to this Section if he or she is
7 statutorily ineligible to vote in a general election because of
8 conviction of a felony. When a committeeperson is convicted of
9 a felony, the position occupied by that committeeperson shall
10 automatically become vacant.
11     (l) A State central committee organized under Alternative B
12 of this Section shall not make any contributions, expenditures,
13 or electioneering communications on behalf of a candidate for
14 nomination for any office in that party's primary election. The
15 State central committee also shall not endorse candidates for
16 nomination in its party's primary election. The terms
17 "contribution", "expenditure", and "electioneering
18 communication" shall have the meanings defined in Article 9 of
19 this Code.
20 (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-699,
21 eff. 11-9-07.)
 
22     (10 ILCS 5/9-1.4)  (from Ch. 46, par. 9-1.4)
23     Sec. 9-1.4. Contribution.
24     (A) "Contribution" means-
25         (1) a gift, subscription, donation, dues, loan,

 

 

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1     advance, or deposit of money or anything of value,
2     knowingly received in connection with the nomination for
3     election, or election, or retention of any person to or in
4     public office, in connection with the election of any
5     person as ward or township committeeman in counties of
6     3,000,000 or more population, or in connection with any
7     question of public policy, or by a constituent services
8     committee as provided in Section 9-8.5;
9         (1.5) a gift, subscription, donation, dues, loan,
10     advance, deposit of money, or anything of value that
11     constitutes an electioneering communication regardless of
12     whether the communication is made in concert or cooperation
13     with or at the request, suggestion, or knowledge of a
14     candidate, a candidate's authorized local political
15     committee, a State political committee, a political
16     committee in support of or opposition to a question of
17     public policy, or any of their agents;
18         (2) the purchase of tickets for fund-raising events,
19     including but not limited to dinners, luncheons, cocktail
20     parties, and rallies made in connection with the nomination
21     for election, or election, or retention of any person to or
22     in public office, in connection with the election of any
23     person as ward or township committeeman in counties of
24     3,000,000 or more population, or in connection with any
25     question of public policy, or for a constituent services
26     committee as provided in Section 9-8.5;

 

 

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1         (3) a transfer of funds between political committees;
2     and
3         (4) the services of an employee donated by an employer,
4     in which case the contribution shall be listed in the name
5     of the employer, except that any individual services
6     provided voluntarily and without promise or expectation of
7     compensation from any source shall not be deemed a
8     contribution; and
9         (5) any expenditure made in cooperation, consultation,
10     or concert with the committee, other than with a
11     multi-candidate committee. but
12         (B) "Contribution" (5) does not include--
13              (a) the use of real or personal property and the
14         cost of invitations, food, and beverages, voluntarily
15         provided by an individual in rendering voluntary
16         personal services on the individual's residential
17         premises for candidate-related activities; provided
18         the value of the service provided does not exceed an
19         aggregate of $150 in a reporting period;
20             (b) the sale of any food or beverage by a vendor
21         for use in a candidate's campaign at a charge less than
22         the normal comparable charge, if such charge for use in
23         a candidate's campaign is at least equal to the cost of
24         such food or beverage to the vendor; .
25             (c) communications on any subject by a corporation
26         to its stockholders and executive or administrative

 

 

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1         personnel and their families, by a labor organization
2         to its members and executive or administrative
3         personnel and their families, or by an association to
4         its members and executive or administrative personnel
5         and their families;
6             (d) voter registration and get-out-the-vote
7         campaigns that make no mention of any clearly
8         identified candidate, public question, or political
9         party, or group or combination thereof;
10             (e) an expenditure by a multi-candidate committee
11         organized pursuant to Section 9-8.5(c) that benefits a
12         candidate or candidates identified in the
13         multi-candidate committee's statement of organization;
14             (f) a secured loan of money by a national or State
15         bank or credit union made in accordance with the
16         applicable banking laws and regulations and in the
17         ordinary course of business; however, the use,
18         ownership, or control of any security for such a loan,
19         if provided by a person other than the candidate or his
20         or her committee, qualifies as a contribution; or
21             (g) an independent expenditure.
22     (C) Interest or other investment income, earnings or
23 proceeds, and refunds or returns of all or part of a
24 committee's previous expenditures, shall not be considered
25 contributions for the purposes of Section 9-8.5 but shall be
26 listed with contributions on disclosure reports required by

 

 

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1 this Article.
2 (Source: P.A. 94-645, eff. 8-22-05.)
 
3     (10 ILCS 5/9-1.5)  (from Ch. 46, par. 9-1.5)
4     Sec. 9-1.5. Expenditure defined.
5     (A) "Expenditure" means-
6     (1) a payment, distribution, purchase, loan, advance,
7 deposit, or gift of money or anything of value, in connection
8 with the nomination for election, or election, or retention of
9 any person to or in public office, in connection with the
10 election of any person as ward or township committeeman in
11 counties of 3,000,000 or more population, or in connection with
12 any question of public policy, or by a constituent services
13 committee as provided in Section 9-8.5. "Expenditure" also
14 includes a payment, distribution, purchase, loan, advance,
15 deposit, or gift of money or anything of value that constitutes
16 an electioneering communication regardless of whether the
17 communication is made in concert or cooperation with or at the
18 request, suggestion, or knowledge of a candidate, a candidate's
19 authorized local political committee, a State political
20 committee, a political committee in support of or opposition to
21 a question of public policy, or any of their agents.
22     (B) "Expenditure" However, expenditure does not include -
23         (a) the use of real or personal property and the cost
24     of invitations, food, and beverages, voluntarily provided
25     by an individual in rendering voluntary personal services

 

 

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1     on the individual's residential premises for
2     candidate-related activities; provided the value of the
3     service provided does not exceed an aggregate of $150 in a
4     reporting period;
5         (b) the sale of any food or beverage by a vendor for
6     use in a candidate's campaign at a charge less than the
7     normal comparable charge, if such charge for use in a
8     candidate's campaign is at least equal to the cost of such
9     food or beverage to the vendor.
10     (2) a transfer of funds between political committees.
11 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
12 93-847, eff. 7-30-04.)
 
13     (10 ILCS 5/9-1.6)  (from Ch. 46, par. 9-1.6)
14     Sec. 9-1.6. Person. "Person" or "whoever" means a natural
15 person an individual, trust, partnership, committee,
16 association, corporation, or any other organization or group of
17 persons.
18 (Source: P.A. 78-1183.)
 
19     (10 ILCS 5/9-1.7)   (from Ch. 46, par. 9-1.7)
20     Sec. 9-1.7. "Local political committee" means the
21 candidate himself or any individual, trust, partnership,
22 committee, association, corporation, or other organization or
23 group of persons which:
24         (a) accepts contributions or grants or makes

 

 

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1     expenditures during any 12-month period in an aggregate
2     amount exceeding $3,000 on behalf of or in opposition to a
3     candidate or candidates for public office who are required
4     by the Illinois Governmental Ethics Act to file statements
5     of economic interests with the county clerk, or on behalf
6     of or in opposition to a candidate or candidates for
7     election to the office of ward or township committeeman in
8     counties of 3,000,000 or more population;
9         (b) accepts contributions or makes expenditures during
10     any 12-month period in an aggregate amount exceeding $3,000
11     in support of or in opposition to any question of public
12     policy to be submitted to the electors of an area
13     encompassing no more than one county. The $3,000 threshold
14     established in this paragraph (b) applies to any receipts
15     or expenditures received or made with the purpose of
16     securing a place on the ballot for, advocating the defeat
17     or passage of, or engaging in electioneering communication
18     regarding the question of public policy regardless of the
19     method of initiation of the question of public policy and
20     regardless of whether petitions have been circulated or
21     filed with the appropriate office or whether the question
22     has been adopted and certified by the governing body;
23         (c) accepts contributions or makes expenditures during
24     any 12-month period in an aggregate amount exceeding $3,000
25     and has as its primary purpose the furtherance of
26     governmental, political or social values, is organized on a

 

 

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1     not-for-profit basis, and which publicly endorses or
2     publicly opposes a candidate or candidates for public
3     office who are required by the Illinois Governmental Ethics
4     Act to file statements of economic interest with the County
5     Clerk or a candidate or candidates for the office of ward
6     or township committeeman in counties of 3,000,000 or more
7     population; or
8         (d) accepts contributions or makes expenditures during
9     any 12-month period in an aggregate amount exceeding $3,000
10     for electioneering communications relating to any
11     candidate or candidates described in paragraph (a) or any
12     question of public policy described in paragraph (b); or
13         (e) makes electioneering communications during any
14     12-month period in an aggregate amount exceeding $3,000
15     relating to any candidate or candidates described in
16     paragraph (a) or any question of public policy described in
17     paragraph (b).
18 (Source: P.A. 95-963, eff. 1-1-09.)
 
19     (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
20     Sec. 9-1.8. "State political committee" means the
21 candidate himself or any individual, trust, partnership,
22 committee, association, corporation, or any other organization
23 or group of persons which--
24     (a) accepts contributions or grants or makes expenditures
25 during any 12-month period in an aggregate amount exceeding

 

 

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1 $3,000 on behalf of or in opposition to a candidate or
2 candidates for public office who are required by the Illinois
3 Governmental Ethics Act to file statements of economic
4 interests with the Secretary of State,
5     (b) accepts contributions or makes expenditures during any
6 12-month period in an aggregate amount exceeding $3,000 in
7 support of or in opposition to any question of public policy to
8 be submitted to the electors of an area encompassing more than
9 one county. The $3,000 threshold established in this paragraph
10 (b) applies to any receipts or expenditures received or made
11 with the purpose of securing a place on the ballot for,
12 advocating the defeat or passage of, or engaging in
13 electioneering communication regarding the question of public
14 policy regardless of the method of initiation of the question
15 of public policy and regardless of whether petitions have been
16 circulated or filed with the appropriate office or whether the
17 question has been adopted and certified by the governing body,
18     (c) accepts contributions or makes expenditures during any
19 12-month period in an aggregate amount exceeding $3,000 and has
20 as its primary purpose the furtherance of governmental,
21 political or social values, is organized on a not-for-profit
22 basis, and which publicly endorses or publicly opposes a
23 candidate or candidates for public office who are required by
24 the Illinois Governmental Ethics Act to file statements of
25 economic interest with the Secretary of State, or
26     (d) accepts contributions or makes expenditures during any

 

 

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1 12-month period in an aggregate amount exceeding $3,000 for
2 electioneering communications relating to any candidate or
3 candidates described in paragraph (a) or any question of public
4 policy described in paragraph (b), or .
5     (e) makes electioneering communications during any
6 12-month period in an aggregate amount exceeding $3,000
7 relating to any candidate or candidates described in paragraph
8 (a) or any question of public policy described in paragraph
9 (b).
10 (Source: P.A. 95-963, eff. 1-1-09.)
 
11     (10 ILCS 5/9-1.14)
12     Sec. 9-1.14. Electioneering communication defined.
13     (a) "Electioneering communication" means, for the purposes
14 of this Article, any broadcast form of communication, in
15 whatever medium, including but not limited to a newspaper,
16 radio, television, or Internet communication, that (1) refers
17 to a clearly identified candidate or candidates who will appear
18 on the ballot for nomination, election, or retention, refers to
19 a clearly identified political party, or refers to a clearly
20 identified question of public policy that will appear on the
21 ballot; and (2) is made within (i) 60 days before a general
22 election or consolidated election or (ii) 30 days before a
23 primary election; (3) is targeted to the relevant electorate;
24 and (4) is susceptible to no reasonable interpretation other
25 than as an appeal to vote for or against a clearly identified

 

 

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1 candidate for nomination, election, or retention, political
2 party, or question of public policy.
3     (b) "Electioneering communication" does not include:
4         (1) A communication, other than an advertisement,
5     appearing in a news story, commentary, or editorial
6     distributed through the facilities of any legitimate news
7     organization, unless the facilities are owned or
8     controlled by any political party, political committee, or
9     candidate.
10         (2) A communication made solely to promote a candidate
11     debate or forum that is made by or on behalf of the person
12     sponsoring the debate or forum.
13         (3) A communication made as part of a non-partisan
14     activity designed to encourage individuals to vote or to
15     register to vote.
16         (4) A communication by an organization operating and
17     remaining in good standing under Section 501(c)(3) of the
18     Internal Revenue Code of 1986.
19         (5) A communication exclusively between a labor
20     organization, as defined under federal or State law, and
21     its members.
22         (6) A communication exclusively between an
23     organization formed under Section 501(c)(6) of the
24     Internal Revenue Code and its members.
25 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
26 93-847, eff. 7-30-04; 94-461, eff. 8-4-05; 94-645, eff.

 

 

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1 8-22-05.)
 
2     (10 ILCS 5/9-3)  (from Ch. 46, par. 9-3)
3     Sec. 9-3. Every state political committee and every local
4 political committee shall file with the State Board of
5 Elections, and every local political committee shall file with
6 the county clerk, a statement of organization within 10
7 business days of the creation of such committee, except any
8 political committee created within the 30 days before an
9 election shall file a statement of organization within 5
10 business days. A political committee that acts as both a state
11 political committee and a local political committee shall file
12 a copy of each statement of organization with the State Board
13 of Elections and the county clerk. The Board shall impose a
14 civil penalty of $25 per business day upon political committees
15 for failing to file or late filing of a statement of
16 organization, except that for committees formed to support
17 candidates for statewide office, the civil penalty shall be $50
18 per business day. Such penalties shall not exceed $5,000, and
19 shall not exceed $10,000 for statewide office political
20 committees. There shall be no fine if the statement is mailed
21 and postmarked at least 72 hours prior to the filing deadline.
22     In addition to the civil penalties authorized by this
23 Section, the State Board of Elections or any other affected
24 political committee may apply to the circuit court for a
25 temporary restraining order or a preliminary or permanent

 

 

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1 injunction against the political committee to cease the
2 expenditure of funds and to cease operations until the
3 statement of organization is filed.
4     For the purpose of this Section, "statewide office" means
5 the Governor, Lieutenant Governor, Secretary of State,
6 Attorney General, State Treasurer, and State Comptroller.
7     The statement of organization shall include -
8     (a) the name and address of the political committee (the
9 name of the political committee must include the name of any
10 sponsoring entity);
11     (b) the scope, area of activity, party affiliation,
12 candidate affiliation and his county of residence, and purposes
13 of the political committee;
14     (c) the name, address, and position of each custodian of
15 the committee's books and accounts;
16     (d) the name, address, and position of the committee's
17 principal officers, including the chairman, treasurer, and
18 officers and members of its finance committee, if any;
19     (e) any additional information required by Section 9-8.5
20 (Blank);
21     (f) a statement of what specific disposition of residual
22 fund will be made in the event of the dissolution or
23 termination of the committee;
24     (g) a listing of all banks or other financial institutions,
25 safety deposit boxes, and any other repositories or custodians
26 of funds used by the committee;

 

 

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1     (h) the amount of funds available for campaign expenditures
2 as of the filing date of the committee's statement of
3 organization.
4     For purposes of this Section, a "sponsoring entity" is (i)
5 any person, political committee, organization, corporation, or
6 association that contributes at least 33% of the total funding
7 of the political committee or (ii) any person or other entity
8 that is registered or is required to register under the
9 Lobbyist Registration Act and contributes at least 33% of the
10 total funding of the political committee; except that a
11 political committee is not a "sponsoring entity" for purposes
12 of this Section if it is a political committee organized by (i)
13 an established political party as defined in Section 10-2, (ii)
14 a partisan caucus of either house of the General Assembly, or
15 (iii) the Speaker or Minority Leader of the House of
16 Representatives or the President or Minority Leader of the
17 Senate, in his or her capacity as a legislative leader of the
18 House of Representatives or Senate and not as a candidate for
19 Representative or Senator.
20 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
21 94-645, eff. 8-22-05.)
 
22     (10 ILCS 5/9-4)  (from Ch. 46, par. 9-4)
23     Sec. 9-4. The statement of organization required by this
24 Article to be filed in accordance with Section 9-3 shall be
25 verified, dated, and signed by either the treasurer of the

 

 

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1 political committee making the statement or the candidate on
2 whose behalf the statement is made, and shall contain
3 substantially the following:
4
STATEMENT OF ORGANIZATION
5     (a) name and address of the political committee:
6 .............................................................
7
8     (b) scope, area of activity, party affiliation, candidate
9 affiliation and his county of residence, and purposes of the
10 political committee:
11 .............................................................
12 .............................................................
13 .............................................................
14 .............................................................
15
16     (c) name, address, and position of each custodian of the
17 committee's books and accounts:
18 .............................................................
19 .............................................................
20
21     (d) name, address, and position of the committee's
22 principal officers, including the chairman, treasurer, and
23 officers and members of its finance committee, if any:
24 .............................................................
25 .............................................................
26 .............................................................

 

 

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1
2     (e)   a statement of what specific disposition of residual
3 funds will be made in the event of the dissolution or
4 termination of the committee:
5 .............................................................
6 .............................................................
7
8     (f)   a listing of all banks or other financial
9 institutions, safety deposit boxes, and any other repositories
10 or custodians of funds used by the committee:
11 .............................................................
12 .............................................................
13
14     (g)   the amount of funds available for campaign
15 expenditures as of the filing date of the committee's statement
16 of organization:
17 .............................................................
18
19     (h) any additional information required by Section 9-8.5 of
20 the Election Code:
21 ............................................................. 
22
VERIFICATION:
23     "I declare that this statement of organization (including
24 any accompanying schedules and statements) has been examined by
25 me and to the best of my knowledge and belief is a true,
26 correct and complete statement of organization as required by

 

 

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1 Article 9 of The Election Code. I understand that willfully
2 filing a false or incomplete statement is a business offense
3 subject to a fine of at least $1,001 and up to $5,000."
4 ................  ..........................................
5 (date of filing)  (signature of person making the statement)
6 (Source: P.A. 93-615, eff. 11-19-03.)
 
7     (10 ILCS 5/9-7.5)
8     Sec. 9-7.5. Nonprofit organization registration and
9 disclosure.
10     (a) Each nonprofit organization, except for a labor union,
11 that accepts contributions, makes contributions, or makes
12 expenditures during any 12-month period in an aggregate amount
13 exceeding $5,000 (I) on behalf of or in opposition to public
14 officials, candidates for public office, or a question of
15 public policy or (II) for electioneering communications shall
16 register with the State Board of Elections. The Board by rule
17 shall prescribe the registration procedure and form. The
18 registration form shall require the following information:
19         (1) The registrant's name, address, and purpose.
20         (2) The name, address, and position of each custodian
21     of the registrant's financial books, accounts, and
22     records.
23         (3) The name, address, and position of each of the
24     registrant's principal officers.
25     (b) Each nonprofit organization required to register under

 

 

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1 subsection (a) shall file contribution and expenditure reports
2 with the Board. The Board by rule shall prescribe the form,
3 which shall require the following information:
4         (1) The organization's name, address, and purpose.
5         (2) The amount of funds on hand at the beginning of the
6     reporting period.
7         (3) The full name and address of each person who has
8     made one or more contributions to or for the organization
9     within the reporting period in an aggregate amount or value
10     in excess of $150, together with the amount and date of the
11     contributions, and if a contributor is an individual who
12     contributed more than $500, the occupation and employer of
13     the contributor or, if the occupation and employer of the
14     contributor are unknown, a statement that the organization
15     has made a good faith effort to ascertain this information.
16         (4) The total sum of individual contributions made to
17     or for the organization during the reporting period and not
18     reported in item (3).
19         (5) The name and address of each organization and
20     political committee from which the reporting organization
21     received, or to which that organization made, any transfer
22     of funds in an aggregate amount or value in excess of $150,
23     together with the amounts and dates of the transfers.
24         (6) The total sum of transfers made to or from the
25     organization during the reporting period and not reported
26     in item (5).

 

 

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1         (7) Each loan to or from any person within the
2     reporting period by or to the organization in an aggregate
3     amount or value in excess of $150, together with the full
4     names and mailing addresses of the lender and endorsers, if
5     any, and the date and amount of the loans, and if a lender
6     or endorser is an individual who loaned or endorsed a loan
7     of more than $500, the occupation and employer of the
8     individual or, if the occupation and employer of the
9     individual are unknown, a statement that the organization
10     has made a good faith effort to ascertain this information.
11         (8) The total amount of proceeds received by the
12     organization from (i) the sale of tickets for each dinner,
13     luncheon, cocktail party, rally, and other fundraising
14     event, (ii) mass collections made at those events, and
15     (iii) sales of items such as buttons, badges, flags,
16     emblems, hats, banners, literature, and similar materials.
17         (9) Each contribution, rebate, refund, or other
18     receipt in excess of $150 received by the organization not
19     otherwise listed under items (3) through (8), and if a
20     contributor is an individual who contributed more than
21     $500, the occupation and employer of the contributor or, if
22     the occupation and employer of the contributor are unknown,
23     a statement that the organization has made a good faith
24     effort to ascertain this information.
25         (10) The total sum of all receipts by or for the
26     organization during the reporting period.

 

 

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1         (11) The full name and mailing address of each person
2     to whom expenditures have been made by the organization
3     within the reporting period in an aggregate amount or value
4     in excess of $150, the amount, date, and purpose of each
5     expenditure, and the question of public policy on behalf of
6     which the expenditure was made.
7         (12) The full name and mailing address of each person
8     to whom an expenditure for personal services, salaries, and
9     reimbursed expenses in excess of $150 has been made and
10     which is not otherwise reported, including the amount,
11     date, and purpose of the expenditure.
12         (13) The total sum of expenditures made by the
13     organization during the reporting period.
14         (14) The full name and mailing address of each person
15     to whom the organization owes debts or obligations in
16     excess of $150 and the amount of the debts or obligations.
17     The State Board by rule shall define a "good faith effort".
18     (c) The reports required under subsection (b) shall be
19 filed at the same times and for the same reporting periods as
20 reports of campaign contributions and semi-annual reports of
21 campaign contributions and expenditures required by this
22 Article of political committees. The reports required under
23 subsection (b) shall be available for public inspection and
24 copying in the same manner as reports filed by political
25 committees. The Board may charge a fee that covers the costs of
26 copying and distribution, if any.

 

 

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1     (d) An organization required to file reports under
2 subsection (b) shall include a statement on all literature and
3 advertisements soliciting funds stating the following:
4     "A copy of our report filed with the State Board of
5 Elections is (or will be) available for purchase from the State
6 Board of Elections, Springfield, Illinois".
7 (Source: P.A. 94-645, eff. 8-22-05.)
 
8     (10 ILCS 5/9-8.5 new)
9     Sec. 9-8.5. Limits on contributions received by political
10 committees.
11     (a) Definitions. For the purposes of this Section:
12         "Association" means any group, club, meeting,
13     collective, membership organization, collection of
14     persons, any entity organized under Section 501 or 527 of
15     the Internal Revenue Code, or any other entity other than a
16     natural person, except that an association does not include
17     a political committee organized under this Article or a
18     labor organization as defined in this Section.
19         "Constituent services committee" means a political
20     committee organized by an elected public official to accept
21     contributions and make expenditures solely to defray the
22     costs related to constituent services and upkeep of that
23     official's office.
24         "Corporation" includes a corporation, limited
25     liability company, partnership, professional practice,

 

 

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1     cooperative, or sole proprietorship, whether organized on
2     a for-profit or non-profit basis organized under the laws
3     of Illinois or another state. A corporation does not
4     include (i) a labor organization as defined in this Section
5     or (ii) an incorporated political committee registered
6     pursuant to this Article or corresponding federal laws or
7     laws of another state.
8         "Labor organization" means any organization of any
9     kind or any agency or employee representation committee or
10     plan in which employees participate and that exists for the
11     purpose, in whole or in part, of dealing with employers
12     concerning grievances, labor disputes, wages, rates of
13     pay, hours of employment, or conditions of work.
14         "Multi-candidate committee" means a political
15     committee organized by a public official, candidate, or
16     political party to support the nomination, election, or
17     retention of public officials or candidates for multiple,
18     specified offices. "Multi-candidate committee" also
19     includes a political party committee.
20         "Non-candidate committee" means a political committee
21     organized by a person, persons, or any entity other than a
22     public official, candidate, or political party to support
23     or oppose causes, ideas, or interests but not organized to
24     support specific candidates for nomination, election, or
25     retention.
26         "Political party committee" means a political

 

 

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1     committee organized to support candidates of a specific
2     political party seeking elective office within a specific
3     jurisdiction.
4         "Single-candidate committee" means a political
5     committee organized to support or oppose the election of a
6     single, specific candidate or public official or to support
7     or oppose one or more questions of public policy.
8     (b) Single-candidate committee. Beginning on January 1,
9 2011, no public official or candidate for public office may
10 establish or maintain more than one political committee for
11 each office that public official or candidate occupies or is
12 seeking. The statement of organization must identify the public
13 official or candidate, the office that public official or
14 candidate occupies or seeks to occupy, and a statement that the
15 political committee is the only single-candidate committee
16 designated by the public official or candidate to receive
17 contributions and make expenditures on behalf of the public
18 official or candidate for such office.
19         (1) Each calendar year, a single-candidate committee
20     may not accept contributions with an aggregate value over
21     $5,000 from a natural person.
22         (2) Each calendar year, a single-candidate committee
23     may not accept contributions with an aggregate value over
24     $10,000 from a corporation, labor organization, or
25     association.
26         (3) Each calendar year, a single-candidate committee

 

 

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1     may not accept transfers of funds with an aggregate value
2     over $90,000 from a political committee.
3     (c) Multi-candidate committee. Beginning on January 1,
4 2011, a public official, candidate for public office, or a
5 political party may establish or maintain one political
6 committee to support the election of public officials or
7 candidates for multiple, specified offices. The statement of
8 organization must identify the public official, candidate, or
9 political party forming the committee, the public officials,
10 candidates, or political party the committee is organized to
11 support, and a statement that the political committee is the
12 only multi-candidate committee designated by the public
13 official, candidate, or political party to receive
14 contributions and make expenditures on behalf of the public
15 official, candidate, or political party.
16         (1) Each calendar year, a multi-candidate committee
17     may not accept contributions with an aggregate value over
18     $10,000 from a natural person.
19         (2) Each calendar year, a multi-candidate committee
20     may not accept contributions with an aggregate value over
21     $20,000 from a corporation, labor organization, or
22     association.
23         (3) Each calendar year, a multi-candidate committee
24     may not accept transfers of funds from a political
25     committee in excess of $90,000.
26     (d) Non-candidate committee. Beginning on January 1, 2011,

 

 

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1 a corporation, association, labor organization, or other
2 person may establish or maintain one political committee to
3 support or oppose a cause or interests, but not organized to
4 support specific candidates for nomination, election, or
5 retention. The statement of organization must identify the
6 entity forming the committee, the cause or interest supported
7 or opposed, and a statement that the political committee is the
8 only non-candidate committee designated to receive
9 contributions and make expenditures on behalf of the entity.
10         (1) Each calendar year, a non-candidate committee may
11     not accept contributions with an aggregate value over
12     $10,000 from a natural person.
13         (2) Each calendar year, a non-candidate committee may
14     not accept contributions with an aggregate value over
15     $20,000 from a corporation, labor organization, or
16     association.
17         (3) Each calendar year, a non-candidate committee may
18     not accept transfers of funds from a political committee in
19     excess of $90,000.
20     (e) Constituent services committee. Beginning on January
21 1, 2011, a public official may establish and maintain one
22 constituent services committee to accept contributions and
23 make expenditures for costs related to constituent services and
24 the maintenance of the official's public office. Funds shall
25 not be used for election-related expenses, personal items, or
26 to make contributions or transfers of funds to any political

 

 

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1 committee. The statement of organization must identify the
2 public official or candidate forming the committee, the
3 designated purposes for which funds may be expended, and a
4 statement that the constituent services committee is the only
5 constituent services committee designated by the public
6 official. Each calendar year, a constituent services committee
7 may not accept contributions with an aggregate value of more
8 than $5,000 from any single source.
9     (f) Self-funding candidates. If a public official, a
10 candidate, or the public official's or candidate's immediate
11 family contributes or loans to the public official's or
12 candidate's political committee or to other political
13 committees that transfer funds to the public official's or
14 candidate's political committee or makes independent
15 expenditures for the benefit of the public official's or
16 candidate's campaign during the 12 months prior to an election
17 in an aggregate amount of more than (i) $250,000 for statewide
18 office or (ii) $100,000 for all other elective offices, then
19 the public official or candidate shall file with the State
20 Board of Elections, within one day, a Notification of
21 Self-funding that shall detail each contribution or loan made
22 by the public official, the candidate, or the public official's
23 or candidate's immediate family. Within 2 business days after
24 the filing of a Notification of Self-funding, the notification
25 shall be posted on the Board's website and the Board shall give
26 official notice of the filing to each candidate for the same

 

 

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1 office as the public official or candidate making the filing,
2 including the public official or candidate filing the
3 Notification of Self-funding. Upon receiving notice from the
4 Board, all candidates for that office, including the public
5 official or candidate who filed a Notification of Self-funding,
6 shall be permitted to accept contributions in excess of any
7 contribution limits imposed by this subsection 9-8.5(b). For
8 the purposes of this subsection, "statewide office" means the
9 Governor, Lieutenant Governor, Attorney General, Secretary of
10 State, Comptroller, and Treasurer. For the purposes of this
11 subsection, "immediate family" means the spouse, parent, or
12 child of a public official or candidate.
13     (g) Joint fundraising. Nothing in this Section shall
14 prohibit political committees from dividing the proceeds of
15 joint fundraising efforts; provided that no political
16 committee may receive more than the limit from any one
17 contributor and all contributions shall be reported.
18     (h) Contributions or transfers in violation of this
19 Section. A political committee that receives a contribution or
20 transfer in violation of this Section shall dispose of the
21 contribution or transfer by returning the contribution or
22 transfer, or an amount equal to the contribution or transfer,
23 to the contributor or transferor or donating the contribution
24 or transfer, or an amount equal to the contribution or
25 transfer, to a charity. A contribution or transfer received in
26 violation of this Section that is not disposed of as provided

 

 

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1 in this subsection within 30 days after its receipt shall
2 escheat to the General Revenue Fund.
3     (i) On January 1 of each odd-numbered year, the State Board
4 of Elections shall adjust the amount of the contribution and
5 transfer limitations established in this Section for inflation
6 as determined by the Consumer Price Index for All Urban
7 Consumers as issued by the United States Department of Labor
8 and rounded to the nearest $100. The State Board shall publish
9 this information on its official web site.
10     (j) Nothing in this Section shall limit the amounts that
11 may be transferred between a State and federal committee of a
12 State central committee of a political party.
 
13     (10 ILCS 5/9-8.6 new)
14     Sec. 9-8.6. Independent expenditures.
15     (a) "Independent expenditure" means an expenditure (i)
16 that is made by a natural person for the purpose of making
17 electioneering communications or of expressly advocating for
18 or against the nomination, election, retention, or defeat of a
19 clearly identifiable public official or candidate and (ii) that
20 is not made in connection, consultation, or concert with or at
21 the request or suggestion of the public official or candidate,
22 the public official's or candidate's designated political
23 committee or campaign, or the agent or agents of the public
24 official, candidate, or political committee or campaign. An
25 independent expenditure is not considered a contribution to a

 

 

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1 political committee. An expenditure made by a natural person in
2 connection, consultation, or concert with or at the request or
3 suggestion of the public official or candidate, the public
4 official's or candidate's single-candidate committee, or the
5 agent or agents of the public official, candidate, or political
6 committee or campaign shall be considered a contribution to the
7 public official's or candidate's single-candidate committee.
8     (b) A person that makes an independent expenditure
9 supporting or opposing a public official or candidate that,
10 alone or in combination with any other independent expenditure
11 made by that person supporting or opposing that public official
12 or candidate during any 12-month period, equals an aggregate
13 value of at least $3,000 must file a written disclosure with
14 that public official or candidate and the State Board of
15 Elections within 2 business days after making any expenditure
16 that results in the person meeting or exceeding the $3,000
17 threshold. Each disclosure must identify the person, the public
18 official or candidate supported or opposed, the date, amount,
19 and nature of each independent expenditure, and, in the case of
20 a person, his or her occupation and employer.
21     Any person that makes independent expenditures in an
22 aggregate amount exceeding $3,000 during a general primary
23 period or general election period shall have a continuing duty
24 to disclose each time the person has an unreported independent
25 expenditure or expenditures supporting or opposing a public
26 official or candidate that exceed an aggregate value of

 

 

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1 $20,000. In this event, the person shall file a written
2 disclosure with the public official or candidate, any other
3 candidate seeking the office, and the State Board within 2
4 business days after making any expenditure that results in the
5 person meeting or exceeding the $20,000 in aggregate. Each
6 disclosure must identify the person, his or her occupation, the
7 public official or candidate, and the date, amount, and nature
8 of each independent expenditure.
9     (c) Any entity other than a natural person that makes
10 expenditures of any kind in an aggregate amount exceeding
11 $3,000 during any 12-month period supporting or opposing a
12 public official or candidate must organize as a political
13 committee in accordance with this Article.
 
14     (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
15     Sec. 9-10. Financial reports.
16     (a) The treasurer of every state political committee and
17 the treasurer of every local political committee shall file
18 with the Board, and the treasurer of every local political
19 committee shall file with the county clerk, reports of campaign
20 contributions, and quarterly semi-annual reports of campaign
21 contributions and expenditures on forms to be prescribed or
22 approved by the Board. The treasurer of every political
23 committee that acts as both a state political committee and a
24 local political committee shall file a copy of each report with
25 the State Board of Elections and the county clerk. Entities

 

 

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1 subject to Section 9-7.5 shall file reports required by that
2 Section at times provided in this Section and are subject to
3 the penalties provided in this Section.
4     (b) A This subsection does not apply with respect to
5 general primary elections. Reports of campaign contributions
6 shall be filed no later than the 15th day next preceding each
7 election in connection with which the political committee has
8 accepted or is accepting contributions or has made or is making
9 expenditures. Such reports shall be complete as of the 30th day
10 next preceding each election. The Board shall assess a civil
11 penalty not to exceed $5,000 for a violation of this
12 subsection, except that for State officers and candidates and
13 political committees formed for statewide office, the civil
14 penalty may not exceed $10,000. The fine, however, shall not
15 exceed $500 for a first filing violation for filing less than
16 10 days after the deadline. There shall be no fine if the
17 report is mailed and postmarked at least 72 hours prior to the
18 filing deadline. For the purpose of this subsection, "statewide
19 office" and "State officer" means the Governor, Lieutenant
20 Governor, Attorney General, Secretary of State, Comptroller,
21 and Treasurer. However, a continuing political committee that
22 does not make an expenditure or expenditures in an aggregate
23 amount of more than $500 on behalf of or in opposition to any
24 (i) candidate or candidates, (ii) public question or questions,
25 or (iii) candidate or candidates and public question or
26 questions on the ballot at an election shall not be required to

 

 

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1 file the reports prescribed in this subsection (c) (b) and
2 subsection (b-5) but may file in lieu thereof a Statement of
3 Nonparticipation in the Election with the Board or the Board
4 and the county clerk; except that if the political committee,
5 by the terms of its statement of organization filed in
6 accordance with this Article, is organized to support or oppose
7 a candidate or public question on the ballot at the next
8 election or primary, that committee must file reports required
9 by this subsection (c) (b) and by subsection (b-5). If a
10 political committee is not organized to support or oppose a
11 candidate or public question on the ballot at the next election
12 or primary and the political committee does not file a
13 Statement of Nonparticipation, then the committee will be
14 deemed to have filed a Statement of Nonparticipation. If such
15 political committee participates in that election then the
16 committee will be considered in violation of this subsection as
17 if it had filed a Statement of Nonparticipation, unless the
18 political committee files the required reports within 5 days
19 after the political committee makes such contribution or within
20 24 hours in the period 5 days prior to the election.
21     (c) A report of (b-5) Notwithstanding the provisions of
22 subsection (b) and Section 1.25 of the Statute on Statutes, any
23 contribution of more than $500 received (i) with respect to
24 elections other than the general primary election, in the 60
25 days interim between the last date of the period covered by the
26 last report filed under subsection (b) prior to the election

 

 

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1 and the date of the election or (ii) with respect to general
2 primary elections, in the period beginning January 1 of the
3 year of the general primary election and prior to the date of
4 the general primary election shall be filed electronically with
5 and must actually be received by the State Board of Elections
6 within 2 business days after receipt of such contribution.
7     (d) A single-candidate or multi-candidate committee
8 organized by or in support of a member of the General Assembly
9 also must file the reports required by subsection (c) during
10 the period beginning May 1 through the adjournment of the
11 spring legislative session. A single-candidate or
12 multi-candidate committee organized by or in support of the
13 Governor must file the reports required by subsection (c)
14 during the 90 days following the adjournment of the spring
15 legislative session.
16     (e) An expenditure of more than $500 made by a
17 multi-candidate committee for the benefit of a public official
18 or candidate for an office the multi-candidate committee is
19 organized to support made in the 60 days prior to the election
20 shall be electronically reported to the State Board of
21 Elections within 5 business days after an expenditure was made
22 by the multi-candidate committee. A continuing political
23 committee that does not support or oppose a candidate or public
24 question on the ballot at a general primary election and does
25 not make expenditures in excess of $500 on behalf of or in
26 opposition to any candidate or public question on the ballot at

 

 

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1 the general primary election shall not be required to file the
2 report prescribed in this subsection unless the committee makes
3 an expenditure in excess of $500 on behalf of or in opposition
4 to any candidate or public question on the ballot at the
5 general primary election. The committee shall timely file the
6 report required under this subsection beginning with the date
7 the expenditure that triggered participation was made. The
8 State Board shall allow filings of reports of contributions of
9 more than $500 under this subsection (b-5) by political
10 committees that are not required to file electronically to be
11 made by facsimile transmission.
12     (f) For the purpose of this Section subsection, a
13 contribution is considered received on the date the public
14 official, candidate, or treasurer of the political committee
15 (or equivalent person in the case of a reporting entity other
16 than a political committee) has actual personal physical
17 possession of actually receives it or, in the case of goods or
18 services, 2 business days after the date the public official,
19 candidate, or treasurer of the committee, or other reporting
20 entity has actual personal physical possession of receives the
21 certification required under subsection (b) of Section 9-6.
22     (g) Failure to report each contribution is a separate
23 violation of this subsection. In the final disposition of any
24 matter by the Board on or after the effective date of this
25 amendatory Act of the 93rd General Assembly, the Board may
26 impose fines for willful or wanton violations of this

 

 

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1 subsection not to exceed 150% 100% of the total amount of the
2 contributions that were untimely reported, but in no case when
3 a fine is imposed shall it be less than 10% of the total amount
4 of the contributions that were untimely reported. When
5 considering the amount of the fine to be imposed, the Board
6 shall consider, but is not limited to, the following factors:
7         (1) the amount by which a contribution exceeded the
8     threshold;
9         (1) whether in the Board's opinion the violation was
10     committed inadvertently, negligently, knowingly, or
11     intentionally;
12         (2) the number of days the contribution was reported
13     late; and
14         (3) past violations of Sections 9-3 and 9-10 of this
15     Article by the committee.
16     (h) The Board may impose fines for negligent, inadvertent,
17 or technical violations of this subsection not to exceed 50% of
18 the total amount of the contributions that were untimely
19 reported, or the Board may decline to impose a fine for such
20 violations. When considering the amount of the fine to be
21 imposed, the Board shall consider, but is not limited to, the
22 following factors:
23         (1) whether the violation was negligent, inadvertent,
24     or technical in nature;
25         (2) whether the contribution at issue was disclosed but
26     a violation arose because the disclosure was incorrectly

 

 

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1     characterized or reported inadvertently by another related
2     committee;
3         (3) whether the violation arose from an apparent
4     discrepancy between the date of the contribution reported
5     by the transferring committee and the date reported by the
6     receiving committee, if there appears to be no attempt to
7     delay disclosure;
8         (4) whether the disclosure was triggered by an
9     aggregation of contributions or transfers, the unreported
10     contributions or transfers are less than the threshold
11     triggering disclosure requirements, and there appears to
12     be no attempt to delay disclosure;
13         (5) the amount by which a contribution exceeded the
14     threshold;
15         (6) the number of days the contribution was reported
16     late; and
17         (7) past violations of Sections 9-3 and 9-10 of this
18     Article by the committee.
19     (i) (c) In addition to such reports the treasurer of every
20 political committee shall file quarterly semi-annual reports
21 of campaign contributions and expenditures. The reports shall
22 cover the period January 1 through March 31, April 1 through
23 June 30, July 1 through September 30, and October 1 through
24 December 31 of each year. Reports shall be filed no later than
25 20 days after the close of the reporting period. no later than
26 July 20th, covering the period from January 1st through June

 

 

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1 30th immediately preceding, and no later than January 20th,
2 covering the period from July 1st through December 31st of the
3 preceding calendar year. Reports of contributions and
4 expenditures must be filed to cover the prescribed time periods
5 even though no contributions or expenditures may have been
6 received or made during the period. The Board shall assess a
7 civil penalty not to exceed $5,000 for a violation of this
8 subsection, except that for State officers and candidates and
9 political committees formed for statewide office, the civil
10 penalty may not exceed $10,000. The fine, however, shall not
11 exceed $500 for a first filing violation for filing less than
12 10 days after the deadline. There shall be no fine if the
13 report is mailed and postmarked at least 72 hours prior to the
14 filing deadline. For the purpose of this subsection, "statewide
15 office" and "State officer" means the Governor, Lieutenant
16 Governor, Attorney General, Secretary of State, Comptroller,
17 and Treasurer. In addition to any fine imposed under this
18 subsection, the State Board of Elections may order any
19 political committee that has failed to file 2 successive
20 quarterly reports within 30 days after the date the report was
21 due to conduct an audit of all financial records required to be
22 maintained by the committee at the time the audit is ordered.
23 The committee ordered to conduct an audit shall deliver a
24 certified copy of the audit to the Board within 90 calendar
25 days after the date the audit was ordered. If the committee
26 fails to deliver a certified audit in the time required, the

 

 

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1 Board shall assess a civil penalty of $250 per day that the
2 audit is late, not to exceed $5,000.
3     (j) (c-5) A political committee that acts as either (i) a
4 State and local political committee or (ii) a local political
5 committee and that files reports electronically under Section
6 9-28 is not required to file copies of the reports with the
7 appropriate county clerk if the county clerk has a system that
8 permits access to, and duplication of, reports that are filed
9 with the State Board of Elections. A State and local political
10 committee or a local political committee shall file with the
11 county clerk a copy of its statement of organization pursuant
12 to Section 9-3.
13     (k) (d) A copy of each report or statement filed under this
14 Article shall be preserved by the person filing it for a period
15 of two years from the date of filing.
16 (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957,
17 eff. 1-1-09.)
 
18     (10 ILCS 5/9-13)  (from Ch. 46, par. 9-13)
19     Sec. 9-13. Each quarterly semi-annual report of campaign
20 contributions and expenditures under Section 9-10 shall
21 disclose-
22     (1) the name and address of the political committee;
23     (2) (Blank);
24     (3) the amount of funds on hand at the beginning of the
25 reporting period;

 

 

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1     (4) the full name and mailing address of each person who
2 has made one or more contributions to or for such committee
3 within the reporting period in an aggregate amount or value in
4 excess of $150, together with the amount and date of such
5 contributions, and if the contributor is an individual who
6 contributed more than $500, the occupation and employer of the
7 contributor or, if the occupation and employer of the
8 contributor are unknown, a statement that the committee has
9 made a good faith effort to ascertain this information;
10     (5) the total sum of individual contributions made to or
11 for such committee during the reporting period and not reported
12 under item (4);
13     (6) the name and address of each political committee from
14 which the reporting committee received, or to which that
15 committee made, any transfer of funds, in the aggregate amount
16 or value in excess of $150, together with the amounts and dates
17 of all transfers;
18     (7) the total sum of transfers made to or from such
19 committee during the reporting period and not reported under
20 item (6);
21     (8) each loan to or from any person within the reporting
22 period by or to such committee in an aggregate amount or value
23 in excess of $150, together with the full names and mailing
24 addresses of the lender and endorsers, if any, and the date and
25 amount of such loans, and if a lender or endorser is an
26 individual who loaned or endorsed a loan of more than $500, the

 

 

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1 occupation and employer of that individual, or if the
2 occupation and employer of the individual are unknown, a
3 statement that the committee has made a good faith effort to
4 ascertain this information;
5     (9) the total amount of proceeds received by such committee
6 from (a) the sale of tickets for each dinner, luncheon,
7 cocktail party, rally, and other fund-raising events; (b) mass
8 collections made at such events; and (c) sales of items such as
9 political campaign pins, buttons, badges, flags, emblems,
10 hats, banners, literature, and similar materials;
11     (10) each contribution, rebate, refund, or other receipt in
12 excess of $150 received by such committee not otherwise listed
13 under items (4) through (9), and if the contributor is an
14 individual who contributed more than $500, the occupation and
15 employer of the contributor or, if the occupation and employer
16 of the contributor are unknown, a statement that the committee
17 has made a good faith effort to ascertain this information;
18     (11) the total sum of all receipts by or for such committee
19 or candidate during the reporting period;
20     (12) the full name and mailing address of each person to
21 whom expenditures have been made by such committee or candidate
22 within the reporting period in an aggregate amount or value in
23 excess of $150, the amount, date, and purpose of each such
24 expenditure and the question of public policy or the name and
25 address of, and office sought by, each candidate on whose
26 behalf such expenditure was made;

 

 

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1     (13) the full name and mailing address of each person to
2 whom an expenditure for personal services, salaries, and
3 reimbursed expenses in excess of $150 has been made, and which
4 is not otherwise reported, including the amount, date, and
5 purpose of such expenditure;
6     (14) the total sum of expenditures made by such committee
7 during the reporting period;
8     (15) the full name and mailing address of each person to
9 whom the committee owes debts or obligations in excess of $150,
10 and the amount of such debts or obligations.
11     The Board shall by rule define a "good faith effort".
12 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
 
13     (10 ILCS 5/9-14)  (from Ch. 46, par. 9-14)
14     Sec. 9-14. Each quarterly semi-annual report of campaign
15 contributions and expenditures required by Section 9-10 of this
16 Article to be filed with the Board or the Board and the county
17 clerk shall be verified, dated, and signed by either the
18 treasurer of the political committee making the report or the
19 candidate on whose behalf the report is made, and shall contain
20 substantially the following:
21
QUARTERLY SEMI-ANNUAL REPORT OF CAMPAIGN
22
CONTRIBUTIONS AND EXPENDITURES
23 (1) name and address of the political committee:
24 .............................................................
25 (2) the date of the beginning of the reporting period, and the

 

 

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1 amount of funds on hand at the beginning of the reporting
2 period;
3 .............................................................
4 (3) the full name and mailing address of each person who has
5 made one or more contributions to or for the committee within
6 the reporting period in an aggregate amount or value in excess
7 of $150, together with the amount and date of such
8 contributions, and if a contributor is an individual who
9 contributed more than $500, the occupation and employer of each
10 contributor or, if the occupation and employer of the
11 contributor are unknown, a statement that the committee has
12 made a good faith effort to ascertain this information:
13nameaddressamountdateoccupationemployer
14.......................................
15.......................................
16.......................................
17.......................................
18.......................................
19 (4) the total sum of individual contributions made to or for
20 the committee during the reporting period and not reported
21 under item--(3):
22 .............................................................
23 (5) the name and address of each political committee from which
24 the reporting committee received, or to which that committee
25 made, any transfer of funds, in an aggregate amount or value in
26 excess of $150, together with the amounts and dates of all

 

 

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1 transfers:
2nameaddressamountdate
3........................................
4........................................
5........................................
6 (6) the total sum of transfers made to or from such committee
7 during the reporting period and not reported under item (5);
8 (7) each loan to or from any person within the reporting period
9 by or to the committee in an aggregate amount or value in
10 excess of $150, together with the full names and mailing
11 addresses of the lender and endorsers, if any, and the date and
12 amount of such loans, and if a lender or endorser is an
13 individual who loaned or endorsed a loan of more than $500, the
14 occupation and employer of each person making the loan, or if
15 the occupation and employer of the individual are unknown, a
16 statement that the committee has made a good faith effort to
17 ascertain this information:
18nameaddressamountdateendorsersoccupationemployer
19................................................
20................................................
21................................................
22 (8) the total amount of proceeds received by the committee from
23 (a) the sale of tickets for each dinner, luncheon, cocktail
24 party, rally, and other fund-raising events; (b) mass
25 collections made at such events; and (c) sales of items such as
26 political campaign pins, buttons, badges, flags, emblems,

 

 

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1 hats, banners, literature, and similar materials:
2 (a)..........................................................
3 (b)..........................................................
4 (c)..........................................................
5 (9) each contribution, rebate, refund, or other receipt in
6 excess of $150 received by the committee not otherwise listed
7 under items (3) through (8), and if a contributor is an
8 individual who contributed more than $500, the occupation and
9 employer of each contributor or, if the occupation and employer
10 of the contributor are unknown, a statement that the committee
11 has made a good faith effort to ascertain this information:
12nameaddressamountdateendorsersoccupationemployer
13................................................
14................................................
15................................................
16 (10) the total sum of all receipts by or for the committee
17 during the reporting period:
18 .............................................................
19 (11) the full name and mailing address of each person to whom
20 expenditures have been made by the committee within the
21 reporting period in an aggregate amount or value in excess of
22 $150, the amount, date, and purpose of each such expenditure,
23 and the question of public policy or the name and address of,
24 and office sought by, each candidate on whose behalf the
25 expenditure was made:
26nameaddressamountdatepurposebeneficiary

 

 

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1.............................................
2.............................................
3.............................................
4.............................................
5.............................................
6 (12) the full name and mailing address of each person to whom
7 an expenditure for personal services, salaries, and reimbursed
8 expenses in excess of $150 has been made, and which is not
9 otherwise reported, including the amount, date, and purpose of
10 such expenditure:
11nameaddressamountdatepurpose
12..............................................
13..............................................
14..............................................
15 (13) the total sum of expenditures made by the committee during
16 the reporting period;
17 .............................................................
18 (14) the full name and mailing address of each person to whom
19 the committee owes debts or obligations in excess of $150, and
20 the amount of such debts or obligations:
21 .............................................................
22 .............................................................
23 VERIFICATION:
24     "I declare that this quarterly semi-annual report of
25 campaign contributions and expenditures (including any
26 accompanying schedules and statements) has been examined by me

 

 

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1 and to the best of my knowledge and belief is a true, correct
2 and complete report as required by Article 9 of The Election
3 Code. I understand that willfully filing a false or incomplete
4 report is a business offense subject to a fine of up to
5 $5,000."
6 ................     .......................................
7 (date of filing)      (signature of person making the report)
8 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
 
9     (10 ILCS 5/9-21)  (from Ch. 46, par. 9-21)
10     Sec. 9-21. Upon receipt of a such complaint as provided in
11 Section 9-20, the Board shall hold a closed preliminary hearing
12 to determine whether or not the complaint appears to have been
13 filed on justifiable grounds. Such closed preliminary hearing
14 shall be conducted as soon as practicable after affording
15 reasonable notice, a copy of the complaint, and an opportunity
16 to testify at such hearing to both the person making the
17 complaint and the person against whom the complaint is
18 directed. If the Board fails to determine that the complaint
19 has been filed on justifiable grounds, it shall dismiss the
20 complaint without further hearing.
21     Whenever in the judgment of the Board in an open meeting
22 determines, after affording due notice and an opportunity for a
23 public hearing, any person has engaged or is about to engage in
24 an act or practice which constitutes or will constitute a
25 violation of any provision of this Article or any regulation or

 

 

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1 order issued thereunder, the Board shall issue an order
2 directing such person to take such action as the Board
3 determines may be necessary in the public interest to correct
4 the violation. In addition, if the act or practice engaged in
5 consists of the failure to file any required report within the
6 time prescribed by this Article, the Board, as part of its
7 order, shall further provide that if, within the 12-month
8 period following the issuance of the order, such person fails
9 to file within the time prescribed by this Article any
10 subsequent report as may be required, such person may be
11 subject to a civil penalty pursuant to Section 9-23. The Board
12 shall render its final judgment within 60 days of the date the
13 complaint is filed; except that during the 60 days preceding
14 the date of the election in reference to which the complaint is
15 filed, the Board shall render its final judgment within 7 days
16 of the date the complaint is filed, and during the 7 days
17 preceding such election, the Board shall render such judgment
18 before the date of such election, if possible.
19     At any time prior to the issuance of the Board's final
20 judgment, the parties may dispose of the complaint by a written
21 stipulation, agreed settlement or consent order. Any such
22 stipulation, settlement or order shall, however, be submitted
23 in writing to the Board and shall become effective only if
24 approved by the Board in an open meeting. If the act or
25 practice complained of consists of the failure to file any
26 required report within the time prescribed by this Article,

 

 

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1 such stipulation, settlement or order may provide that if,
2 within the 12-month period following the approval of such
3 stipulation, agreement or order, the person complained of fails
4 to file within the time prescribed by this Article any
5 subsequent reports as may be required, such person may be
6 subject to a civil penalty pursuant to Section 9-23.
7     Any person filing a complaint pursuant to Section 9-20 may,
8 upon written notice to the other parties and to the Board,
9 voluntarily withdraw the complaint at any time prior to the
10 issuance of the Board's final determination.
11 (Source: P.A. 93-574, eff. 8-21-03.)
 
12     (10 ILCS 5/9-23)  (from Ch. 46, par. 9-23)
13     Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
14 has issued an order, or has approved a written stipulation,
15 agreed settlement or consent order, directing a person
16 determined by the Board to be in violation of any provision of
17 this Article or any regulation adopted thereunder, to cease or
18 correct such violation or otherwise comply with this Article
19 and such person fails or refuses to comply with such order,
20 stipulation, settlement or consent order within the time
21 specified by the Board, the Board in an open meeting, after
22 affording notice and an opportunity for a public hearing, may
23 impose a civil penalty on such person in an amount not to
24 exceed $5,000; except that for State officers and candidates
25 and political committees formed for statewide office, the civil

 

 

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1 penalty may not exceed $10,000. For the purpose of this
2 Section, "statewide office" and "State officer" means the
3 Governor, Lieutenant Governor, Attorney General, Secretary of
4 State, Comptroller, and Treasurer.
5     Civil penalties imposed on any such person by the Board
6 shall be enforceable in the Circuit Court. The Board shall
7 petition the Court for an order to enforce collection of the
8 penalty and, if the Court finds it has jurisdiction over the
9 person against whom the penalty was imposed, the Court shall
10 issue the appropriate order. Any civil penalties collected by
11 the Court shall be forwarded to the State Treasurer.
12     In addition to or in lieu of the imposition of a civil
13 penalty, the board may report such violation and the failure or
14 refusal to comply with the order of the Board to the Attorney
15 General and the appropriate State's Attorney.
16 (Source: P.A. 93-615, eff. 11-19-03.)
 
17     (10 ILCS 5/9-23.5 new)
18     Sec. 9-23.5. Public database of founded complaints. The
19 State Board of Elections shall establish and maintain on its
20 official website a searchable database, freely accessible to
21 the public, of each complaint filed with the Board under this
22 Article where Board action was taken, including all Board
23 actions and penalties imposed, if any. The Board must update
24 the database within 5 business days after an action taken or a
25 penalty imposed to include that complaint, action, or penalty

 

 

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1 in the database.
 
2     (10 ILCS 5/9-28)
3     Sec. 9-28. Electronic filing and availability. The Board
4 shall by rule provide for the electronic filing of expenditure
5 and contribution reports as follows:
6     Beginning July 1, 1999, or as soon thereafter as the Board
7 has provided adequate software to the political committee,
8 electronic filing is required for all political committees that
9 during the reporting period (i) had at any time a balance or an
10 accumulation of contributions of $25,000 or more, (ii) made
11 aggregate expenditures of $25,000 or more, or (iii) received
12 loans of an aggregate of $25,000 or more.
13     Beginning July 1, 2003, electronic filing is required for
14 all political committees that during the reporting period (i)
15 had at any time a balance or an accumulation of contributions
16 of $10,000 or more, (ii) made aggregate expenditures of $10,000
17 or more, or (iii) received loans of an aggregate of $10,000 or
18 more.
19     Notwithstanding any other provision of this Section, a
20 political committee filing a report under subsections (c), (d),
21 and (e) of Section 9-10 must file that report electronically.
22     The Board may provide by rule for the optional electronic
23 filing of expenditure and contribution reports for all other
24 political committees. The Board shall promptly make all reports
25 filed under this Article by all political committees publicly

 

 

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1 available by means of a searchable database that is accessible
2 through the World Wide Web.
3     The Board shall provide all software necessary to comply
4 with this Section to candidates, public officials, political
5 committees, and election authorities.
6     The Board shall implement a plan to provide computer access
7 and assistance to candidates, public officials, political
8 committees, and election authorities with respect to
9 electronic filings required under this Article.
10     For the purposes of this Section, "political committees"
11 includes entities required to report to the Board under Section
12 9-7.5.
13 (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)
 
14     (10 ILCS 5/9-28.5 new)
15     Sec. 9-28.5. Injunctive relief for electioneering
16 communications.
17     (a) Whenever the Attorney General, or a State's Attorney
18 with jurisdiction over any portion of the relevant electorate,
19 believes that any person, as defined in Section 9-1.6, is
20 making, producing, publishing, republishing, or broadcasting
21 an electioneering communication paid for by any person, as
22 defined in Section 9-1.6, who has not first complied with the
23 registration and disclosure requirements of this Article, he or
24 she may bring an action in the name of the People of the State
25 of Illinois or, in the case of a State's Attorney, the People

 

 

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1 of the County, against such person or persons to restrain by
2 preliminary or permanent injunction the making, producing,
3 publishing, republishing, or broadcasting of such
4 electioneering communication until the registration and
5 disclosure requirements have been met.
6     (b) Any person who believes any person, as defined in
7 Section 9-1.6, is making, producing, publishing, republishing,
8 or broadcasting an electioneering communication paid for by any
9 person, as defined in Section 9-1.6, who has not first complied
10 with the registration and disclosure requirements of this
11 Article may bring an action in the circuit court against such
12 person or persons to restrain by preliminary or permanent
13 injunction the making, producing, publishing, republishing, or
14 broadcasting of such electioneering communication until the
15 registration and disclosure requirements have been met.
 
16     (10 ILCS 5/9-30)
17     Sec. 9-30. Ballot forfeiture. The State Board of Elections
18 shall not certify the The name of any a person who has not paid
19 a civil penalty imposed against his or her political committee
20 him or her under this Article to shall not appear upon any
21 ballot for any office in any election while the penalty is
22 unpaid.
23     The State Board of Elections shall generate a list of all
24 candidates whose political committees have not paid any civil
25 penalty assessed against them under this Article. Such list

 

 

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1 shall be transmitted to any election authority whose duty it is
2 to place the name of any such candidate on the ballot. The
3 election authority shall not place upon the ballot the name of
4 any candidate appearing on this list for any office in any
5 election while the penalty is unpaid.
6 (Source: P.A. 93-615, eff. 11-19-03.)
 
7     (10 ILCS 5/9-40 new)
8     Sec. 9-40. Public Financing of Judicial Elections Task
9 Force.
10     (a) There is hereby established a Public Financing of
11 Judicial Elections Task Force. The Task Force shall conduct
12 meetings and take testimony to assess the need for developing a
13 system of public financing for judicial elections.
14     (b) The Task Force shall consist of all of the following
15 voting members:
16         (1) Four persons appointed by the Governor, with no
17     more than 2 from the same political party.
18         (2) Four members of the judiciary appointed by the
19     Illinois Supreme Court.
20         (3) One member appointed by the President of the
21     Senate.
22         (4) One member appointed by the Minority Leader of the
23     Senate.
24         (5) One member appointed by the Speaker of the House of
25     Representatives.

 

 

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1         (6) One member appointed by the Minority Leader of the
2     House of Representatives.
3         (7) One member appointed by the State Board of
4     Elections.
5     (c) In the event of a vacancy, the appointment to fill the
6 vacancy shall be made by the appointing authority that made the
7 original appointment. The Task Force may begin to conduct
8 business upon the appointment of a majority of the voting
9 members.
10     (d) The State Board of Elections shall be the agency
11 responsible for providing staff and administrative support to
12 the Task Force. Members of the Task Force shall receive no
13 compensation for their participation, but may be reimbursed for
14 expenses in connection with their participation, if funds are
15 available.
16     (e) The Task Force shall submit a report to the Governor,
17 General Assembly, and Illinois Supreme Court by January 1,
18 2012. The State Board of Elections shall make the report
19 available on its website.
20     (f) The Task Force is abolished on January 10, 2012, and
21 this Section is repealed on January 10, 2012.
 
22     Section 97. Severability. The provisions of this Act are
23 severable under Section 1.31 of the Statute on Statutes.
 
24     Section 99. Effective date. This Act takes effect January
25 1, 2011, except that this Section and the changes to Sections

 

 

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1 7-8, 9-1.14, 9-28.5, 9-30, and 9-40 of the Election Code take
2 effect upon becoming law.