SB2076 96TH GENERAL ASSEMBLY

LRB096 11245 JAM 21658 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2076

Introduced 2/20/2009, by Sen. Bill Brady

SYNOPSIS AS INTRODUCED:

New Act

Creates the Election Whistleblower Hotline Act. Requires the Attorney General to establish a 24-hour statewide hotline to report suspected election misconduct, malfeasance, misfeasance, nonfeasance, or violations of rules, regulations, or laws. Requires the Attorney General to refer allegations to appropriate entities. Allegations may not be anonymous. Provides for promotion of the hotline. Authorizes rewards, subject to appropriation, and provides for confidentiality. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning whistleblowers.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Election Whistleblower Hotline Act.

Section 5. Hotline established. The Attorney General shall establish and maintain a 24-hour statewide toll-free hotline. The purpose of the hotline is to allow any persons to report suspected election misconduct, malfeasance, misfeasance, nonfeasance, or violations of rules, regulations, or laws.

Section 10. Hotline information. The Hotline number shall be prominently posted at all local election authorities and polling places and on the websites of the State Board of Elections and Attorney General. The State Board of Elections shall cooperate with the Attorney General to promote and market the availability of the hotline and its purpose. All State informational brochures must carry a description of the hotline with the toll-free number.

Section 15. Allegations. Allegations may not be made anonymously. Upon receipt of an allegation, the Attorney General shall promptly refer the allegation to an appropriate venue for further investigation. Referrals may be made to a United States Attorney, a State's Attorney, the State Board of Elections, or the Federal Elections Commission.

Section 20. Rewards. Subject to appropriation and based upon standard evaluation and determination procedures established by rule, the Attorney General shall pay a reward to whistleblowers. For a successful criminal conviction, the reward may be up to $25,000 or an amount equal to half of the criminal fine imposed. In the case of a successful resolution of an allegation that does not require criminal prosecution, the Attorney General may determine an appropriate reward amount based upon standard evaluation and determination procedures established by rule.

Section 25. Confidentiality. The identity of any individual providing information or reporting any possible or alleged election misconduct, malfeasance, misfeasance, nonfeasance, or violations of rules, regulations, or laws to the hotline shall be kept confidential and shall not be disclosed without the consent of that individual. The confidentiality granted by this Section does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation.

Section 30. Rules. The Attorney General shall adopt rules for the implementation and administration of this Act. Those rules shall include, but need not be limited to, procedures for evaluating allegations, for delegating the investigation of allegations, and for evaluation and determination of rewards.

Section 99. Effective date. This Act takes effect upon becoming law.