Full Text of HB0007 96th General Assembly
HB0007eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 9-1, 9-1.4, 9-1.5, 9-1.7, 9-1.8, 9-1.9, and 9-10 and | 6 |
| by adding Section 9-1.15 as follows:
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| (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
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| Sec. 9-1.
As used in this Article, unless the context | 9 |
| otherwise requires,
the terms defined in Sections 9-1.1 through | 10 |
| 9-1.15 9-1.13 , have the respective
meanings as defined in those | 11 |
| Sections.
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| (Source: P.A. 86-873.)
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| (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
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| Sec. 9-1.4. "Contribution" means-
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| (1) a gift, subscription, donation, dues, loan, advance, or | 16 |
| deposit
of money or anything of value, knowingly received in | 17 |
| connection with the
nomination for election, or election, of | 18 |
| any person to public office, in
connection with the election of | 19 |
| any person as ward or township committeeman in
counties of | 20 |
| 3,000,000 or more population, in connection with the legal | 21 |
| defense of a candidate or public official, or
in connection | 22 |
| with any question of public policy;
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| (1.5) a gift, subscription, donation, dues, loan, advance, | 2 |
| deposit of money, or anything of value that constitutes an | 3 |
| electioneering communication regardless of whether the | 4 |
| communication is made in concert or cooperation with or at the | 5 |
| request, suggestion, or knowledge of a candidate, a candidate's | 6 |
| authorized local political committee, a State political | 7 |
| committee, a political committee in support of or opposition to | 8 |
| a question of public policy, or any of their agents;
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| (2) the purchase of tickets for fund-raising events, | 10 |
| including but
not limited to dinners, luncheons, cocktail | 11 |
| parties, and rallies made in
connection with the nomination for | 12 |
| election, or election, of any person
to public office, in | 13 |
| connection with the election of any person as ward or
township | 14 |
| committeeman in counties of 3,000,000 or more population, in | 15 |
| connection with the legal defense of a candidate or public | 16 |
| official, or in
connection with any question of public policy;
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| (3) a transfer of funds between political committees; and
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| (4) the services of an employee donated by an employer, in | 19 |
| which
case the contribution shall be listed in the name of the | 20 |
| employer,
except that any individual services provided | 21 |
| voluntarily and without
promise or expectation of compensation | 22 |
| from any source shall not be deemed
a contribution; but
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| (5) does not include--
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| (a) the use of real or personal property and the cost | 25 |
| of invitations,
food,
and beverages, voluntarily provided | 26 |
| by an individual in rendering voluntary
personal services |
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| on the individual's residential premises for
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| candidate-related
activities; provided the value of the | 3 |
| service provided does not exceed an
aggregate of $150 in a | 4 |
| reporting period;
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| (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
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| food or beverage to the vendor.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | 12 |
| Sec. 9-1.5. Expenditure defined. | 13 |
| "Expenditure" means-
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| (1) a payment, distribution, purchase, loan, advance, | 15 |
| deposit, or
gift of money or anything of value, in connection | 16 |
| with the nomination
for election, or election, of any person to | 17 |
| public office, in connection with
the election of any person as | 18 |
| ward or township committeeman in counties of
3,000,000 or more | 19 |
| population, in connection with the legal defense of a candidate | 20 |
| or public official, or in
connection with any question of | 21 |
| public policy.
"Expenditure" also includes a payment, | 22 |
| distribution, purchase, loan,
advance, deposit, or gift of
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| money or anything of value that constitutes an electioneering | 24 |
| communication
regardless of whether the communication is made | 25 |
| in concert or cooperation with
or at the request, suggestion, |
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| or knowledge of a candidate, a candidate's
authorized
local | 2 |
| political committee, a State political committee, a political | 3 |
| committee in support of or opposition to a question of public | 4 |
| policy, or any of their
agents.
However, expenditure does not
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| include -
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| (a) the use of real or personal property and the cost | 7 |
| of invitations,
food,
and beverages, voluntarily provided | 8 |
| by an individual in rendering voluntary
personal services | 9 |
| on the individual's
residential premises for | 10 |
| candidate-related activities; provided the value
of the | 11 |
| service provided does not exceed an aggregate of $150 in a | 12 |
| reporting
period;
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| (b) the sale of any food or beverage by a vendor for | 14 |
| use in a candidate's
campaign at a charge less than the | 15 |
| normal comparable charge, if such charge
for use in a | 16 |
| candidate's
campaign is at least equal to the cost of such | 17 |
| food or beverage to the vendor.
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| (2) a transfer of funds between political committees.
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| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 20 |
| 93-847, eff. 7-30-04.)
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| (10 ILCS 5/9-1.7)
(from Ch. 46, par. 9-1.7)
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| Sec. 9-1.7. "Local political committee" means the | 23 |
| candidate himself or any
individual, trust, partnership, | 24 |
| committee, association, corporation, or
other organization or | 25 |
| group of persons which:
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| (a) accepts contributions or grants or makes | 2 |
| expenditures during any
12-month period in an aggregate | 3 |
| amount exceeding $3,000 on behalf of or in
opposition to a | 4 |
| candidate or candidates for public office who are required
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| by the Illinois Governmental Ethics Act to file statements | 6 |
| of economic
interests with the county clerk,
or on behalf | 7 |
| of or in opposition to a candidate or candidates for | 8 |
| election to
the office of ward or township committeeman in | 9 |
| counties of 3,000,000 or more
population , or in connection | 10 |
| with the legal defense of a candidate or public official | 11 |
| who is required by the Illinois Governmental Ethics Act to | 12 |
| file a statement of economic interests with the county | 13 |
| clerk ;
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| (b) accepts contributions or makes expenditures during | 15 |
| any 12-month
period in an aggregate amount exceeding $3,000 | 16 |
| in support of or in
opposition to any question of public | 17 |
| policy to be submitted to the electors
of an area | 18 |
| encompassing no more than one county. The $3,000 threshold | 19 |
| established in this paragraph (b) applies to any receipts | 20 |
| or expenditures received or made with the purpose of | 21 |
| securing a place on the ballot for, advocating the defeat | 22 |
| or passage of, or engaging in electioneering communication | 23 |
| regarding the question of public policy regardless of the | 24 |
| method of initiation of the question of public policy and | 25 |
| regardless of whether petitions have been circulated or | 26 |
| filed with the appropriate office or whether the question |
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| has been adopted and certified by the governing body;
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| (c) accepts contributions or makes expenditures during | 3 |
| any 12-month
period in an aggregate amount exceeding $3,000 | 4 |
| and has as its primary
purpose the furtherance of | 5 |
| governmental, political or social values, is
organized on a | 6 |
| not-for-profit basis, and which publicly endorses or
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| publicly opposes a candidate or candidates for public | 8 |
| office who are
required by the Illinois Governmental Ethics | 9 |
| Act to file statements of
economic interest with the County | 10 |
| Clerk or a candidate or candidates for the
office of ward | 11 |
| or township committeeman in counties of 3,000,000 or more
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| population; or
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| (d) accepts contributions or makes expenditures during | 14 |
| any 12-month period in an aggregate amount
exceeding $3,000 | 15 |
| for electioneering communications relating to any | 16 |
| candidate or
candidates described in paragraph (a) or any | 17 |
| question of public policy
described in paragraph (b).
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| (Source: P.A. 95-963, eff. 1-1-09.)
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| (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
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| 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--
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| (a) accepts contributions or grants or makes expenditures | 25 |
| during any
12-month period in an aggregate amount exceeding |
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| $3,000 (i) 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 or (ii) in connection | 5 |
| with the legal defense of a candidate or public official who is | 6 |
| required by the Illinois Governmental Ethics Act to file a | 7 |
| statement of economic interests with the Secretary of State ,
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| (b) accepts contributions or makes expenditures during any | 9 |
| 12-month
period in an aggregate amount exceeding $3,000 in | 10 |
| support of or in
opposition to any question of public policy to | 11 |
| be submitted to the
electors of an area encompassing more than | 12 |
| one county. The $3,000 threshold established in this paragraph | 13 |
| (b) applies to any receipts or expenditures received or made | 14 |
| with the purpose of securing a place on the ballot for, | 15 |
| advocating the defeat or passage of, or engaging in | 16 |
| electioneering communication regarding the question of public | 17 |
| policy regardless of the method of initiation of the question | 18 |
| of public policy and regardless of whether petitions have been | 19 |
| circulated or filed with the appropriate office or whether the | 20 |
| question has been adopted and certified by the governing body,
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| (c) accepts contributions or makes expenditures during any | 22 |
| 12-month
period in an aggregate amount exceeding $3,000 and has | 23 |
| as its primary purpose
the
furtherance of governmental, | 24 |
| political or social values, is organized on
a not-for-profit | 25 |
| basis, and which publicly endorses or publicly opposes
a | 26 |
| candidate or candidates for public office who are required by |
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| the
Illinois Governmental Ethics Act to file statements of | 2 |
| economic interest
with the Secretary of State, or
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| (d) accepts contributions or makes expenditures during any | 4 |
| 12-month period in an aggregate amount
exceeding $3,000 for | 5 |
| electioneering communications relating to any candidate or
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| candidates described in paragraph (a) or any question of public | 7 |
| policy
described in paragraph (b).
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| (Source: P.A. 95-963, eff. 1-1-09.)
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| (10 ILCS 5/9-1.9)
(from Ch. 46, par. 9-1.9)
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| Sec. 9-1.9. "Political committee" includes State central | 11 |
| and county central committees
of any political party, and also | 12 |
| includes local political committees and state
political | 13 |
| committees, but does not include any candidate who does not
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| accept contributions or make expenditures during any 12-month | 15 |
| period in
an aggregate amount exceeding $3,000, nor does it | 16 |
| include, with
the exception
of State central and county central | 17 |
| committees of any political party, any
individual, trust, | 18 |
| partnership, committee, association, corporation, or
any other | 19 |
| organization or group of persons which does not (i) accept
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| contributions or make expenditures during any 12-month period | 21 |
| in an
aggregate amount exceeding $3,000 on behalf of or in | 22 |
| opposition
to a
candidate or candidates or to any question of | 23 |
| public policy , or (ii)
accept contributions or make | 24 |
| expenditures during any
12-month period in an aggregate amount | 25 |
| exceeding $3,000 for electioneering
communications relating to |
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| any candidate or candidates described in paragraph
(a) of | 2 |
| Section 9-1.7 or 9-1.8 or any question of public policy | 3 |
| described in
paragraph (b) of Section 9-1.7 or 9-1.8, or (iii) | 4 |
| accept contributions or make expenditures during any 12-month | 5 |
| period in an aggregate amount exceeding $3,000 in connection | 6 |
| with the legal defense of a candidate or public official, and | 7 |
| such candidates and persons
shall not
be
required to comply | 8 |
| with any filing provisions in this Article.
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| (Source: P.A. 93-847, eff. 7-30-04.)
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| (10 ILCS 5/9-1.15 new) | 11 |
| Sec. 9-1.15. Legal defense of a candidate or public | 12 |
| official. "Legal defense of a candidate or public official" | 13 |
| means the obtaining, providing, or financially assisting with | 14 |
| the obtaining or providing of legal counsel, representation, | 15 |
| services, advice, opinion, or guidance for a candidate or | 16 |
| public official in connection with: (i) an offense involving | 17 |
| fraud against a public entity, bribery of an officer or | 18 |
| employee of a public entity, official misconduct, or inducement | 19 |
| of an officer or employee of a public entity to commit official | 20 |
| misconduct; (ii) any other infamous crime under State or | 21 |
| federal law; or (iii) any other offense that reflects upon the | 22 |
| candidate's or official's character, honesty, integrity, or | 23 |
| ability to qualify for or hold public office. | 24 |
| For the purpose of this Section, "public entity" means any | 25 |
| entity authorized or established by constitution, law, |
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| executive order, resolution, or ordinance in the executive, | 2 |
| legislative, or judicial branch of government at the federal, | 3 |
| State, or local level. | 4 |
| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
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| Sec. 9-10. Financial reports.
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| (a) The treasurer of every state political committee and | 7 |
| the
treasurer of every local political committee shall file | 8 |
| with the
Board, and the treasurer of every local political | 9 |
| committee shall file
with the county clerk, reports of campaign | 10 |
| contributions, and semi-annual
reports of campaign | 11 |
| contributions and expenditures on forms to be
prescribed or | 12 |
| approved by the Board. The treasurer of every political
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| committee that acts as both a state political committee and a | 14 |
| local
political committee shall file a copy of each report with | 15 |
| the State Board
of Elections and the county clerk.
Entities | 16 |
| subject to Section 9-7.5 shall file reports required by
that | 17 |
| Section at times
provided in this Section and are subject to | 18 |
| the penalties provided in this
Section.
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| (b) This subsection does not apply with respect to general | 20 |
| primary elections. Reports of campaign contributions shall be | 21 |
| filed no later than the
15th day next preceding each election | 22 |
| in
connection with which the political committee has accepted | 23 |
| or is
accepting contributions or has made or is making | 24 |
| expenditures. Such
reports shall be complete as of the 30th day | 25 |
| next preceding each election. The Board shall assess a civil |
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| penalty not to
exceed $5,000 for a violation of this | 2 |
| subsection, except that for State
officers and candidates
and | 3 |
| political
committees formed for statewide office, the civil
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| penalty may not exceed $10,000.
The fine, however, shall not | 5 |
| exceed $500 for a
first filing violation for filing less than | 6 |
| 10 days after the deadline.
There shall be no fine if the | 7 |
| report is mailed and postmarked at least 72 hours
prior to the | 8 |
| filing deadline.
For the purpose of this subsection, "statewide
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| office" and "State officer" means the Governor, Lieutenant | 10 |
| Governor, Attorney
General,
Secretary of State,
Comptroller, | 11 |
| and Treasurer. However, a
continuing political committee that | 12 |
| does not make an expenditure or
expenditures in an aggregate | 13 |
| amount of more than $500 (A) on behalf of or in opposition to | 14 |
| any (i) candidate or candidates, (ii) public
question or | 15 |
| questions, or (iii) candidate or candidates and public question | 16 |
| or questions on the ballot at an election or (B) in connection | 17 |
| with the legal defense of a candidate or public official shall | 18 |
| not be required to file the
reports prescribed in this | 19 |
| subsection (b) and subsection (b-5) but may file in lieu | 20 |
| thereof a Statement of
Nonparticipation in the Election with | 21 |
| the Board or the Board and the county
clerk ; except that if | 22 |
| the political committee, by the terms of its statement of | 23 |
| organization filed in accordance with this Article, is | 24 |
| organized to support or oppose a candidate or public question | 25 |
| on the ballot at the next election or primary, that committee | 26 |
| must file reports required by this subsection (b) and by |
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| subsection (b-5).
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| (b-5) Notwithstanding the provisions of subsection (b) and
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| Section 1.25 of the Statute on Statutes, any contribution
of | 4 |
| more than $500 received (i) with respect to elections other | 5 |
| than the general primary election, in the interim between the | 6 |
| last date
of the period
covered by the last report filed under | 7 |
| subsection (b) prior to the election and
the date of the | 8 |
| election or (ii) with respect to general primary elections, in | 9 |
| the period beginning January 1 of the year of the general | 10 |
| primary election and prior to the date of the general primary | 11 |
| election shall be filed with and must actually be received by
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| the State Board of Elections within 2 business days after
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| receipt of such contribution. A continuing political committee | 14 |
| that does not support or oppose a candidate or public question | 15 |
| on the ballot at a general primary election and does not make | 16 |
| expenditures in excess of $500 on behalf of or in opposition to | 17 |
| any candidate or public question on the ballot at the general | 18 |
| primary election shall not be required to file the report | 19 |
| prescribed in this subsection unless the committee makes an | 20 |
| expenditure in excess of $500 on behalf of or in opposition to | 21 |
| any candidate or public question on the ballot at the general | 22 |
| primary election. The committee shall timely file the report | 23 |
| required under this subsection beginning with the date the | 24 |
| expenditure that triggered participation was made.
The State | 25 |
| Board shall allow filings of reports of contributions of more | 26 |
| than
$500 under this subsection (b-5) by political committees |
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| that are not
required to file electronically to be made by
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| facsimile transmission.
For the purpose of this subsection, a | 3 |
| contribution is considered
received on the date the public | 4 |
| official, candidate, or political committee (or
equivalent | 5 |
| person
in the case of a
reporting entity other than a political | 6 |
| committee) actually receives it or, in
the case of goods or | 7 |
| services, 2 business days after the date the public
official,
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| candidate, committee,
or other reporting entity receives the | 9 |
| certification required under subsection
(b) of Section 9-6.
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| Failure to report
each contribution is a separate violation of | 11 |
| this subsection. In the final
disposition of any matter by the | 12 |
| Board on or after the effective date of this
amendatory Act of | 13 |
| the 93rd General Assembly, the Board
may
impose fines for | 14 |
| violations of this subsection not to exceed 100% of the
total
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| amount of the contributions that were untimely reported, but in | 16 |
| no case when a
fine is imposed shall it be less
than 10% of the | 17 |
| total amount of the contributions that were untimely
reported.
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| When considering the amount of the fine to be imposed, the | 19 |
| Board shall
consider, but is not limited to, the following | 20 |
| factors:
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| (1) whether in the Board's opinion the violation was | 22 |
| committed
inadvertently,
negligently, knowingly, or | 23 |
| intentionally;
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| (2) the number of days the contribution was reported | 25 |
| late; and
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| (3) past violations of Sections 9-3 and 9-10 of this |
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| Article by the
committee.
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| (c) In addition to such reports the treasurer of every | 3 |
| political
committee shall file semi-annual reports of campaign | 4 |
| contributions and
expenditures no later than July 20th, | 5 |
| covering the period from January 1st
through June 30th | 6 |
| immediately preceding, and no later than January 20th,
covering | 7 |
| the period from July 1st through December 31st of the preceding
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| calendar year. Reports of contributions and expenditures must | 9 |
| be filed to
cover the prescribed time periods even though no | 10 |
| contributions or
expenditures may have been received or made | 11 |
| during the period.
The Board shall assess a civil penalty not | 12 |
| to exceed $5,000 for a violation
of this subsection, except | 13 |
| that for State officers and candidates
and political
committees | 14 |
| formed for statewide office, the civil
penalty may not exceed | 15 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 16 |
| filing violation for filing less than 10 days after the | 17 |
| deadline.
There shall be no fine if the report is mailed and | 18 |
| postmarked at least 72 hours
prior to the filing deadline.
For | 19 |
| the purpose of this subsection, "statewide
office" and "State | 20 |
| officer"
means the Governor, Lieutenant Governor, Attorney | 21 |
| General, Secretary
of State,
Comptroller, and Treasurer.
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| (c-5) A political committee that acts as either (i) a State | 23 |
| and local
political committee or (ii) a local political | 24 |
| committee and that files reports
electronically under Section | 25 |
| 9-28 is not required to file copies of the reports
with the | 26 |
| appropriate county clerk if the county clerk has a system that
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| permits access to, and duplication of, reports that are filed | 2 |
| with the State
Board of Elections. A State and local political | 3 |
| committee or
a local political committee shall file with the | 4 |
| county clerk a copy of its
statement of organization pursuant | 5 |
| to Section 9-3.
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| (d) A copy of each report or statement filed under this | 7 |
| Article
shall be
preserved by the person filing it for a period | 8 |
| of two years from the
date of filing.
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| (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | 10 |
| eff. 1-1-09.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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