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Full Text of HB3047  100th General Assembly

HB3047 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3047

 

Introduced , by Rep. Mike Fortner

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Election Code. Changes the length of time that a treasurer of a political committee must keep certain records from 2 years to 6. Provides that a candidate political committee established to elect a candidate to the General Assembly may accept contributes from only one legislative caucus committee during an election cycle in which the candidate seeks nomination at a primary election (rather than limiting the political committee to accepting contributions from only one legislative caucus committee). Allows candidates to exceed certain contribution limits if the State Board of Elections determines that a public official, candidate, or public official's or candidate's immediate family has contributed or loaned certain threshold amounts to the public official's or candidate's political committee or to other political committees that transfer funds to the public official's or candidate's political committee or make independent expenditures for the benefit of the public official's or candidate's campaign during the 12 months prior to an election. Allows the Board to assess a civil penalty for failure to file certain reports concerning independent expenditures. Requires the Board to render a judgment on certain complaints concerning disclosure and regulation of campaign contributions and expenditures before the date of the election if the complaint is filed within 60 days preceding the date of the election (rather than within 7 days of the date the complaint is filed). Moves provisions concerning election interference to the prohibitions and penalties article of the Code. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3047LRB100 06965 MLM 17016 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 9-7, 9-8.5, 9-10, and 9-21 and by adding Section 29-21
6as follows:
 
7    (10 ILCS 5/9-7)  (from Ch. 46, par. 9-7)
8    Sec. 9-7. Records and accounts.
9    (1) Except as provided in subsection (2), the treasurer of
10a political committee shall keep a detailed and exact account
11of: -
12        (a) the total of all contributions made to or for the
13    committee;
14        (b) the full name and mailing address of every person
15    making a contribution and the date and amount thereof;
16        (c) the total of all expenditures made by or on behalf
17    of the committee;
18        (d) the full name and mailing address of every person
19    to whom any expenditure is made, and the date and amount
20    thereof;
21        (e) proof of payment, stating the particulars, for
22    every expenditure made by or on behalf of the committee.
23    The treasurer shall preserve all records and accounts

 

 

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1required by this section for a period of 6 2 years. The changes
2made to this subsection (e) shall only apply to contributions
3and expenditures made after the effective date of this
4amendatory Act of the 100th General Assembly.
5    (2) The treasurer of a political committee shall keep a
6detailed and exact account of the total amount of contributions
7made to or for a committee at an event licensed under Section
88.1 of the Raffles and Poker Runs Act. For an event licensed
9under Section 8.1, the treasurer is not required to keep a
10detailed and exact account of the full name and mailing address
11of a person who purchases tickets at the event in an amount
12that does not exceed $150.
13(Source: P.A. 97-766, eff. 7-6-12; 98-644, eff. 6-10-14.)
 
14    (10 ILCS 5/9-8.5)
15    Sec. 9-8.5. Limitations on campaign contributions.
16    (a) It is unlawful for a political committee to accept
17contributions except as provided in this Section.
18    (b) During an election cycle, a candidate political
19committee may not accept contributions with an aggregate value
20over the following: (i) $5,000 from any individual, (ii)
21$10,000 from any corporation, labor organization, or
22association, or (iii) $50,000 from a candidate political
23committee or political action committee. A candidate political
24committee may accept contributions in any amount from a
25political party committee except during an election cycle in

 

 

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1which the candidate seeks nomination at a primary election.
2During an election cycle in which the candidate seeks
3nomination at a primary election, a candidate political
4committee may not accept contributions from political party
5committees with an aggregate value over the following: (i)
6$200,000 for a candidate political committee established to
7support a candidate seeking nomination to statewide office,
8(ii) $125,000 for a candidate political committee established
9to support a candidate seeking nomination to the Senate, the
10Supreme Court or Appellate Court in the First Judicial
11District, or an office elected by all voters in a county with
121,000,000 or more residents, (iii) $75,000 for a candidate
13political committee established to support a candidate seeking
14nomination to the House of Representatives, the Supreme Court
15or Appellate Court for a Judicial District other than the First
16Judicial District, an office elected by all voters of a county
17of fewer than 1,000,000 residents, and municipal and county
18offices in Cook County other than those elected by all voters
19of Cook County, and (iv) $50,000 for a candidate political
20committee established to support the nomination of a candidate
21to any other office. A candidate political committee
22established to elect a candidate to the General Assembly may
23accept contributions from only one legislative caucus
24committee during an election cycle in which the candidate seeks
25nomination at a primary election. A candidate political
26committee may not accept contributions from a ballot initiative

 

 

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1committee or from an independent expenditure committee.
2    (c) During an election cycle, a political party committee
3may not accept contributions with an aggregate value over the
4following: (i) $10,000 from any individual, (ii) $20,000 from
5any corporation, labor organization, or association, or (iii)
6$50,000 from a political action committee. A political party
7committee may accept contributions in any amount from another
8political party committee or a candidate political committee,
9except as provided in subsection (c-5). Nothing in this Section
10shall limit the amounts that may be transferred between a
11political party committee established under subsection (a) of
12Section 7-8 of this Code and an affiliated federal political
13committee established under the Federal Election Code by the
14same political party. A political party committee may not
15accept contributions from a ballot initiative committee or from
16an independent expenditure committee. A political party
17committee established by a legislative caucus may not accept
18contributions from another political party committee
19established by a legislative caucus.
20    (c-5) During the period beginning on the date candidates
21may begin circulating petitions for a primary election and
22ending on the day of the primary election, a political party
23committee may not accept contributions with an aggregate value
24over $50,000 from a candidate political committee or political
25party committee. A political party committee may accept
26contributions in any amount from a candidate political

 

 

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1committee or political party committee if the political party
2committee receiving the contribution filed a statement of
3nonparticipation in the primary as provided in subsection
4(c-10). The Task Force on Campaign Finance Reform shall study
5and make recommendations on the provisions of this subsection
6to the Governor and General Assembly by September 30, 2012.
7This subsection becomes inoperative on July 1, 2013 and
8thereafter no longer applies.
9    (c-10) A political party committee that does not intend to
10make contributions to candidates to be nominated at a general
11primary election or consolidated primary election may file a
12Statement of Nonparticipation in a Primary Election with the
13Board. The Statement of Nonparticipation shall include a
14verification signed by the chairperson and treasurer of the
15committee that (i) the committee will not make contributions or
16coordinated expenditures in support of or opposition to a
17candidate or candidates to be nominated at the general primary
18election or consolidated primary election (select one) to be
19held on (insert date), (ii) the political party committee may
20accept unlimited contributions from candidate political
21committees and political party committees, provided that the
22political party committee does not make contributions to a
23candidate or candidates to be nominated at the primary
24election, and (iii) failure to abide by these requirements
25shall deem the political party committee in violation of this
26Article and subject the committee to a fine of no more than

 

 

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1150% of the total contributions or coordinated expenditures
2made by the committee in violation of this Article. This
3subsection becomes inoperative on July 1, 2013 and thereafter
4no longer applies.
5    (d) During an election cycle, a political action committee
6may not accept contributions with an aggregate value over the
7following: (i) $10,000 from any individual, (ii) $20,000 from
8any corporation, labor organization, political party
9committee, or association, or (iii) $50,000 from a political
10action committee or candidate political committee. A political
11action committee may not accept contributions from a ballot
12initiative committee or from an independent expenditure
13committee.
14    (e) A ballot initiative committee may accept contributions
15in any amount from any source, provided that the committee
16files the document required by Section 9-3 of this Article and
17files the disclosure reports required by the provisions of this
18Article.
19    (e-5) An independent expenditure committee may accept
20contributions in any amount from any source, provided that the
21committee files the document required by Section 9-3 of this
22Article and files the disclosure reports required by the
23provisions of this Article.
24    (f) Nothing in this Section shall prohibit a political
25committee from dividing the proceeds of joint fundraising
26efforts; provided that no political committee may receive more

 

 

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1than the limit from any one contributor, and provided that an
2independent expenditure committee may not conduct joint
3fundraising efforts with a candidate political committee or a
4political party committee.
5    (g) On January 1 of each odd-numbered year, the State Board
6of Elections shall adjust the amounts of the contribution
7limitations established in this Section for inflation as
8determined by the Consumer Price Index for All Urban Consumers
9as issued by the United States Department of Labor and rounded
10to the nearest $100. The State Board shall publish this
11information on its official website.
12    (h) Self-funding candidates. If a public official, a
13candidate, or the public official's or candidate's immediate
14family contributes or loans to the public official's or
15candidate's political committee or to other political
16committees that transfer funds to the public official's or
17candidate's political committee or makes independent
18expenditures for the benefit of the public official's or
19candidate's campaign during the 12 months prior to an election
20in an aggregate amount of more than (i) $250,000 for statewide
21office or (ii) $100,000 for all other elective offices, then
22the public official or candidate shall file with the State
23Board of Elections, within one day, a Notification of
24Self-funding that shall detail each contribution or loan made
25by the public official, the candidate, or the public official's
26or candidate's immediate family. Within 2 business days after

 

 

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1the filing of a Notification of Self-funding, the notification
2shall be posted on the Board's website and the Board shall give
3official notice of the filing to each candidate for the same
4office as the public official or candidate making the filing,
5including the public official or candidate filing the
6Notification of Self-funding. Notice shall be sent via first
7class mail to the candidate and the treasurer of the
8candidate's committee. Notice shall also be sent by e-mail to
9the candidate and the treasurer of the candidate's committee if
10the candidate and the treasurer, as applicable, have provided
11the Board with an e-mail address. Upon posting of the notice on
12the Board's website, all candidates for that office, including
13the public official or candidate who filed a Notification of
14Self-funding, shall be permitted to accept contributions in
15excess of any contribution limits imposed by subsection (b). If
16a public official or candidate filed a Notification of
17Self-funding during an election cycle that includes a general
18primary election or consolidated primary election and that
19public official or candidate is nominated, all candidates for
20that office, including the nominee who filed the notification
21of self-funding, shall be permitted to accept contributions in
22excess of any contribution limit imposed by subsection (b) for
23the subsequent election cycle. For the purposes of this
24subsection, "immediate family" means the spouse, parent, or
25child of a public official or candidate.
26    (h-5) If a natural person or independent expenditure

 

 

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1committee makes independent expenditures in support of or in
2opposition to the campaign of a particular public official or
3candidate in an aggregate amount of more than (i) $250,000 for
4statewide office or (ii) $100,000 for all other elective
5offices in an election cycle, as reported in a written
6disclosure filed under subsection (a) of Section 9-8.6 or
7subsection (e-5) of Section 9-10, then the State Board of
8Elections shall, within 2 business days after the filing of the
9disclosure, post the disclosure on the Board's website and give
10official notice of the disclosure to each candidate for the
11same office as the public official or candidate for whose
12benefit or detriment the natural person or independent
13expenditure committee made independent expenditures. Upon
14posting of the notice on the Board's website, all candidates
15for that office in that election, including the public official
16or candidate for whose benefit or detriment the natural person
17or independent expenditure committee made independent
18expenditures, shall be permitted to accept contributions in
19excess of any contribution limits imposed by subsection (b).
20    (h-10) If the State Board of Elections receives
21notification or determines that a natural person or persons, an
22independent expenditure committee or committees, or
23combination thereof has made independent expenditures in
24support of or in opposition to the campaign of a particular
25public official or candidate in an aggregate amount of more
26than (i) $250,000 for statewide office or (ii) $100,000 for all

 

 

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1other elective offices in an election cycle, then the Board
2shall, within 2 business days after discovering the independent
3expenditures that, in the aggregate, exceed the threshold set
4forth in (i) and (ii) of this subsection, post notice of this
5fact on the Board's website and give official notice to each
6candidate for the same office as the public official or
7candidate for whose benefit or detriment the independent
8expenditures were made. Notice shall be sent via first class
9mail to the candidate and the treasurer of the candidate's
10committee. Notice shall also be sent by e-mail to the candidate
11and the treasurer of the candidate's committee if the candidate
12and the treasurer, as applicable, have provided the Board with
13an e-mail address. Upon posting of the notice on the Board's
14website, all candidates of that office in that election,
15including the public official or candidate for whose benefit or
16detriment the independent expenditures were made, may accept
17contributions in excess of any contribution limits imposed by
18subsection (b).
19    (h-15) If the State Board of Elections determines that a
20public official, a candidate, or the public official's or
21candidate's immediate family has contributed or loaned to the
22public official's or candidate's political committee or to
23other political committees that transfer funds to the public
24official's or candidate's political committee or make
25independent expenditures for the benefit of the public
26official's or candidate's campaign during the 12 months prior

 

 

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1to an election in an aggregate amount of more than (i) $250,000
2for statewide office or (ii) $100,000 for all other elective
3offices, then the Board shall, within 2 business days after
4discovering the contributions that, in the aggregate, exceed
5the threshold set forth in items (i) or (ii) of this subsection
6(h-15), post notice of this fact on the Board's website and
7give official notice to each candidate for the same office as
8the public official or candidate for whose benefit the
9contributions were made. Notice shall be sent via first class
10mail to the candidate and the treasurer of the candidate's
11committee. Notice shall also be sent by e-mail to the candidate
12and the treasurer of the candidate's committee if the candidate
13and treasurer, as applicable, have provided the Board with an
14e-mail address. Upon posting of the notice on the Board's
15website, all candidates for that office, including the public
16official or candidate for whose benefit the contributions were
17made, shall be permitted to accept contributions in excess of
18any contribution limits imposed by subsection (b) of this
19Section. If the Board's determination described in this
20subsection (h-15) is made in regards to a candidate seeking
21nomination or election during an election cycle that includes a
22general primary election or consolidated primary election and
23that public official or candidate is nominated, all candidates
24for that office, including the nominee who was the subject of
25the Board's determination, shall be permitted to accept
26contributions in excess of any contribution limit imposed by

 

 

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1subsection (b) of this Section for the subsequent election
2cycle. For the purposes of this subsection (h-15), "immediate
3family" means the spouse, parent, or child of a public official
4or candidate.
5    (i) For the purposes of this Section, a corporation, labor
6organization, association, or a political action committee
7established by a corporation, labor organization, or
8association may act as a conduit in facilitating the delivery
9to a political action committee of contributions made through
10dues, levies, or similar assessments and the political action
11committee may report the contributions in the aggregate,
12provided that: (i) contributions made through dues, levies, or
13similar assessments paid by any natural person, corporation,
14labor organization, or association in a calendar year may not
15exceed the limits set forth in this Section; (ii) the
16corporation, labor organization, association, or a political
17action committee established by a corporation, labor
18organization, or association facilitating the delivery of
19contributions maintains a list of natural persons,
20corporations, labor organizations, and associations that paid
21the dues, levies, or similar assessments from which the
22contributions comprising the aggregate amount derive; and
23(iii) contributions made through dues, levies, or similar
24assessments paid by any natural person, corporation, labor
25organization, or association that exceed $500 in a quarterly
26reporting period shall be itemized on the committee's quarterly

 

 

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1report and may not be reported in the aggregate. A political
2action committee facilitating the delivery of contributions or
3receiving contributions shall disclose the amount of
4contributions made through dues delivered or received and the
5name of the corporation, labor organization, association, or
6political action committee delivering the contributions, if
7applicable. On January 1 of each odd-numbered year, the State
8Board of Elections shall adjust the amounts of the contribution
9limitations established in this subsection for inflation as
10determined by the Consumer Price Index for All Urban Consumers
11as issued by the United States Department of Labor and rounded
12to the nearest $100. The State Board shall publish this
13information on its official website.
14    (j) A political committee that receives a contribution or
15transfer in violation of this Section shall dispose of the
16contribution or transfer by returning the contribution or
17transfer, or an amount equal to the contribution or transfer,
18to the contributor or transferor or donating the contribution
19or transfer, or an amount equal to the contribution or
20transfer, to a charity. A contribution or transfer received in
21violation of this Section that is not disposed of as provided
22in this subsection within 30 days after the Board sends
23notification to the political committee of the excess
24contribution by certified mail shall escheat to the General
25Revenue Fund and the political committee shall be deemed in
26violation of this Section and subject to a civil penalty not to

 

 

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1exceed 150% of the total amount of the contribution.
2    (k) For the purposes of this Section, "statewide office"
3means the Governor, Lieutenant Governor, Attorney General,
4Secretary of State, Comptroller, and Treasurer.
5    (l) This Section is repealed if and when the United States
6Supreme Court invalidates contribution limits on committees
7formed to assist candidates, political parties, corporations,
8associations, or labor organizations established by or
9pursuant to federal law.
10(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
11    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
12    Sec. 9-10. Disclosure of contributions and expenditures.
13    (a) The treasurer of every political committee shall file
14with the Board reports of campaign contributions and
15expenditures as required by this Section on forms to be
16prescribed or approved by the Board.
17    (b) Every political committee shall file quarterly reports
18of campaign contributions, expenditures, and independent
19expenditures. The reports shall cover the period January 1
20through March 31, April 1 through June 30, July 1 through
21September 30, and October 1 through December 31 of each year. A
22political committee shall file quarterly reports no later than
23the 15th day of the month following each period. Reports of
24contributions and expenditures must be filed to cover the
25prescribed time periods even though no contributions or

 

 

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1expenditures may have been received or made during the period.
2The Board shall assess a civil penalty not to exceed $5,000 for
3failure to file a report required by this subsection. The fine,
4however, shall not exceed $1,000 for a first violation if the
5committee files less than 10 days after the deadline. There
6shall be no fine if the report is mailed and postmarked at
7least 72 hours prior to the filing deadline. When considering
8the amount of the fine to be imposed, the Board shall consider
9whether the violation was committed inadvertently,
10negligently, knowingly, or intentionally and any past
11violations of this Section.
12    (c) A political committee shall file a report of any
13contribution of $1,000 or more electronically with the Board
14within 5 business days after receipt of the contribution,
15except that the report shall be filed within 2 business days
16after receipt if (i) the contribution is received 30 or fewer
17days before the date of an election and (ii) the political
18committee supports or opposes a candidate or public question on
19the ballot at that election or makes expenditures in excess of
20$500 on behalf of or in opposition to a candidate, candidates,
21a public question, or public questions on the ballot at that
22election. The State Board shall allow filings of reports of
23contributions of $1,000 or more by political committees that
24are not required to file electronically to be made by facsimile
25transmission. The Board shall assess a civil penalty for
26failure to file a report required by this subsection. Failure

 

 

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1to report each contribution is a separate violation of this
2subsection. The Board shall impose fines for willful or wanton
3violations of this subsection (c) not to exceed 150% of the
4total amount of the contributions that were untimely reported,
5but in no case shall it be less than 10% of the total amount of
6the contributions that were untimely reported. When
7considering the amount of the fine to be imposed for willful or
8wanton violations, the Board shall consider the number of days
9the contribution was reported late and past violations of this
10Section and Section 9-3. The Board may impose a fine for
11negligent or inadvertent violations of this subsection not to
12exceed 50% of the total amount of the contributions that were
13untimely reported, or the Board may waive the fine. When
14considering whether to impose a fine and the amount of the
15fine, the Board shall consider the following factors: (1)
16whether the political committee made an attempt to disclose the
17contribution and any attempts made to correct the violation,
18(2) whether the violation is attributed to a clerical or
19computer error, (3) the amount of the contribution, (4) whether
20the violation arose from a discrepancy between the date the
21contribution was reported transferred by a political committee
22and the date the contribution was received by a political
23committee, (5) the number of days the contribution was reported
24late, and (6) past violations of this Section and Section 9-3
25by the political committee.
26    (d) For the purpose of this Section, a contribution is

 

 

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1considered received on the date (i) a monetary contribution was
2deposited in a bank, financial institution, or other repository
3of funds for the committee, (ii) the date a committee receives
4notice a monetary contribution was deposited by an entity used
5to process financial transactions by credit card or other
6entity used for processing a monetary contribution that was
7deposited in a bank, financial institution, or other repository
8of funds for the committee, or (iii) the public official,
9candidate, or political committee receives the notification of
10contribution of goods or services as required under subsection
11(b) of Section 9-6.
12    (e) A political committee that makes independent
13expenditures of $1,000 or more shall file a report
14electronically with the Board within 5 business days after
15making the independent expenditure, except that the report
16shall be filed within 2 business days after making the
17independent expenditure during the 60-day period before an
18election. The Board shall assess a civil penalty for failure to
19file a report required by this subsection (e). Failure to
20report each independent expenditure is a separate violation of
21this subsection (e). The Board shall impose fines for willful
22or wanton violations of this subsection (e) not to exceed 150%
23of the total amount of the independent expenditures that were
24untimely reported, but in no case shall it be less than 10% of
25the total amount of the contributions that were untimely
26reported. When considering the amount of the fine to be imposed

 

 

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1for willful or wanton violations, the Board shall consider the
2number of days the independent expenditure was reported late
3and past violations of this Section and Section 9-3 of this
4Code. The Board may impose a fine for negligent or inadvertent
5violations of this subsection (e) not to exceed 50% of the
6total amount of the independent expenditures that were untimely
7reported or the Board may waive the fine. When considering
8whether to impose a fine and the amount of the fine, the Board
9shall consider the following factors: (1) whether the political
10committee made an attempt to disclose the independent
11expenditure and any attempts made to correct the violation; (2)
12whether the violation is attributed to a clerical or computer
13error; (3) the amount of the independent expenditure; (4) the
14number of days the independent expenditure was reported late;
15and (5) past violations of this Section and Section 9-3 of this
16Code by the political committee.
17    (e-5) An independent expenditure committee that makes an
18independent expenditure supporting or opposing a public
19official or candidate that, alone or in combination with any
20other independent expenditure made by that independent
21expenditure committee supporting or opposing that public
22official or candidate during the election cycle, equals an
23aggregate value of more than (i) $250,000 for statewide office
24or (ii) $100,000 for all other elective offices must file a
25written disclosure with the State Board of Elections within 2
26business days after making any expenditure that results in the

 

 

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1independent expenditure committee exceeding the applicable
2threshold. The Board shall assess a civil penalty against an
3independent expenditure committee for failure to file the
4disclosure required by this subsection not to exceed (i) $500
5for an initial failure to file the required disclosure and (ii)
6$1,000 for each subsequent failure to file the required
7disclosure.
8    (f) A copy of each report or statement filed under this
9Article shall be preserved by the person filing it for a period
10of 6 two years from the date of filing. The changes made to
11this subsection (f) shall only apply to contributions and
12expenditures made after the effective date of this amendatory
13Act of the 100th General Assembly.
14(Source: P.A. 99-437, eff. 1-1-16.)
 
15    (10 ILCS 5/9-21)  (from Ch. 46, par. 9-21)
16    Sec. 9-21. Upon receipt of a complaint as provided in
17Section 9-20, the Board shall hold a closed preliminary hearing
18to determine whether or not the complaint appears to have been
19filed on justifiable grounds. Such closed preliminary hearing
20shall be conducted as soon as practicable after affording
21reasonable notice, a copy of the complaint, and an opportunity
22to testify at such hearing to both the person making the
23complaint and the person against whom the complaint is
24directed. If the Board fails to determine that the complaint
25has been filed on justifiable grounds, it shall dismiss the

 

 

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1complaint without further hearing. Any additional hearings
2shall be open to the public.
3    Whenever the Board, in an open meeting, determines, after
4affording due notice and an opportunity for a public hearing,
5that any person has engaged or is about to engage in an act or
6practice which constitutes or will constitute a violation of
7any provision of this Article or any regulation or order issued
8thereunder, the Board shall issue an order directing such
9person to take such action as the Board determines may be
10necessary in the public interest to correct the violation. In
11addition, if the act or practice engaged in consists of the
12failure to file any required report within the time prescribed
13by this Article, the Board, as part of its order, shall further
14provide that if, within the 12-month period following the
15issuance of the order, such person fails to file within the
16time prescribed by this Article any subsequent report as may be
17required, such person may be subject to a civil penalty
18pursuant to Section 9-23. The Board shall render its final
19judgment within 60 days of the date the complaint is filed;
20except that during the 60 days preceding the date of the
21election in reference to which the complaint is filed, the
22Board shall render its final judgment within 7 days of the date
23the complaint is filed, and during the 7 days preceding such
24election, the Board shall render such judgment before the date
25of such election, if possible.
26    At any time prior to the issuance of the Board's final

 

 

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1judgment, the parties may dispose of the complaint by a written
2stipulation, agreed settlement or consent order. Any such
3stipulation, settlement or order shall, however, be submitted
4in writing to the Board and shall become effective only if
5approved by the Board in an open meeting. If the act or
6practice complained of consists of the failure to file any
7required report within the time prescribed by this Article,
8such stipulation, settlement or order may provide that if,
9within the 12-month period following the approval of such
10stipulation, agreement or order, the person complained of fails
11to file within the time prescribed by this Article any
12subsequent reports as may be required, such person may be
13subject to a civil penalty pursuant to Section 9-23.
14    Any person filing a complaint pursuant to Section 9-20 may,
15upon written notice to the other parties and to the Board,
16voluntarily withdraw the complaint at any time prior to the
17issuance of the Board's final determination.
18(Source: P.A. 96-832, eff. 1-1-11.)
 
19    (10 ILCS 5/29-21 new)
20    Sec. 29-21. Election interference.
21    (a) As used in this Section, "public funds" means any funds
22appropriated by the Illinois General Assembly or by any
23political subdivision of the State of Illinois.
24    (b) No public funds shall be used to urge any elector to
25vote for or against any candidate or proposition, or be

 

 

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1appropriated for political or campaign purposes to any
2candidate or political organization. This Section shall not
3prohibit the use of public funds for dissemination of factual
4information relative to any proposition appearing on an
5election ballot, or for dissemination of information and
6arguments published and distributed under law in connection
7with a proposition to amend the Constitution of the State of
8Illinois.
9    (c) The first time any person violates any provision of
10this Section, that person shall be guilty of a Class B
11misdemeanor. Upon the second or any subsequent violation of any
12provision of this Section, the person violating any provision
13of this Section shall be guilty of a Class A misdemeanor.
 
14    (10 ILCS 5/9-25.1 rep.)
15    Section 10. The Election Code is amended by repealing
16Section 9-25.1.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    10 ILCS 5/9-7from Ch. 46, par. 9-7
4    10 ILCS 5/9-8.5
5    10 ILCS 5/9-10from Ch. 46, par. 9-10
6    10 ILCS 5/9-21from Ch. 46, par. 9-21
7    10 ILCS 5/29-21 new
8    10 ILCS 5/9-25.1 rep.