(10 ILCS 5/9-20) (from Ch. 46, par. 9-20)
Sec. 9-20.
Any person who believes a violation of this Article has occurred may
file a verified complaint with the Board. Such verified complaint shall be
directed to a candidate or the chair or treasurer of a political
committee, and shall be subject to the following requirements:
(1) The complaint shall be in writing.
(2) The complaint shall state the name of the candidate or chair or
treasurer of a political committee against whom the complaint is directed.
(3) The complaint shall state the statutory provisions which are alleged
to have been violated.
(4) The complaint shall state the time, place, and nature of the alleged
offense.
The complaint shall be verified, dated, and signed by the person filing
the complaint in substantially the following manner:
VERIFICATION:
"I declare that this complaint (including any accompanying schedules and
statements) has been examined by me and to the best of my knowledge and
belief is a true and correct complaint as required by Article 9 of The
Election Code. I understand that the penalty for willfully filing a false
complaint shall be a fine not to exceed $500 or imprisonment in a penal
institution other than the penitentiary not to exceed 6 months, or both
fine and imprisonment."
(date of filing)
(signature of person filing the complaint)
(Source: P.A. 100-1027, eff. 1-1-19 .)
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(10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
Sec. 9-21.
Upon receipt of a complaint as provided in Section 9-20, the Board shall hold a closed
preliminary hearing to determine whether or not the complaint appears to
have been filed on justifiable grounds. Such closed preliminary hearing
shall be conducted as soon as practicable after affording reasonable
notice, a copy of the complaint, and an opportunity to testify at such
hearing to both the person making the complaint and the person against whom
the complaint is directed. If the Board fails to determine
that the complaint has been filed on justifiable grounds, it shall dismiss the
complaint without further hearing. Any additional hearings shall be open to the public.
Whenever the Board, in an open meeting, determines, after affording due notice and an
opportunity for a public hearing, that any person has engaged or is about to
engage in an act or practice which constitutes or will constitute a
violation of any provision of this Article or any regulation or order
issued thereunder, the Board shall issue an order directing such person to
take such action as the Board determines may be necessary in the public
interest to correct the violation.
In addition, if the act or practice
engaged in consists of the failure to file any required report within the
time prescribed by this Article, the Board, as part of its order, shall
further provide that if, within the 12-month period following the issuance
of the order, such person fails to file within the time prescribed by this
Article any subsequent report as may be required, such person may be subject
to a civil penalty pursuant to Section 9-23. The Board shall render its final
judgment within 60 days of the date the complaint is filed; except that
during the 60 days preceding the date of the election in reference to which
the complaint is filed, the Board shall render its final judgment within 7
days of the date the complaint is filed, and during the 7 days preceding
such election, the Board shall render such judgment before the date of such
election, if possible.
At any time prior to the issuance of the Board's final judgment, the
parties may dispose of the complaint by a written stipulation, agreed
settlement
or consent order. Any such stipulation, settlement or order shall, however,
be submitted in writing to the Board and shall become effective only if
approved by the Board in an open meeting. If the act or practice complained of consists of
the failure to file any required report within the time prescribed by this
Article, such stipulation, settlement or order may provide that if, within
the 12-month period following the approval of such stipulation,
agreement or order, the person complained of fails to file within the time
prescribed by this Article any subsequent reports as may be required, such
person may be subject to a civil penalty pursuant to Section 9-23.
Any person filing a complaint pursuant to Section 9-20 may, upon written
notice to the other parties and to the Board, voluntarily withdraw the
complaint
at any time prior to the issuance of the Board's final determination.
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-22) (from Ch. 46, par. 9-22)
Sec. 9-22.
Any party to a Board hearing, any person who files a complaint
on which a hearing was denied or not acted upon within the time specified
in Section 9-21 of this Act, and any party adversely affected by a judgment
of the Board may obtain judicial review, which shall be governed by the
provisions of the Administrative Review Law, as amended, and all amendments
and modifications thereof and the rules adopted pursuant thereto, except that--
(1) such judicial review shall be afforded directly in the Appellate
Court for the District in which the cause of action arose and not in the
Circuit Court,
(2) such judicial review shall be obtained by filing a petition for
review within 7 days after entry of the order of other action complained
of,
(3) the time limit for filing such petition for review may be waived
with the consent of all parties involved, and
(4) if such petition for review is appealing
an order of the Board, the
effect of such order of the Board shall not be stayed unless the Appellate
Court so orders upon the motion of the petitioner and upon prior notice to
the Board.
(Source: P.A. 82-783.)
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(10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
has issued an order, or has approved a written stipulation, agreed settlement
or consent order, directing a person determined by the Board to be in
violation of any provision of this Article or any regulation
adopted thereunder, to cease or correct such violation or otherwise comply
with this Article and such person fails or refuses to comply
with such order, stipulation, settlement or consent order within the
time specified by the Board, the Board, after affording notice and an
opportunity for a public hearing, may impose a civil penalty on such person
in an amount not to exceed $5,000; except that for State officers and
candidates and political
committees formed for statewide office, the civil
penalty may not exceed $10,000. For the purpose of this Section, "statewide
office" and "State officer"
means the Governor, Lieutenant Governor, Attorney General, Secretary
of State,
Comptroller, and Treasurer.
Civil penalties imposed on any such person by the Board shall be enforceable
in the Circuit Court. The Board shall petition the Court for an order to
enforce collection of the penalty and, if the Court finds it has jurisdiction
over the person against whom the penalty was imposed, the Court shall issue
the appropriate order. Any civil penalties collected by the Court shall
be forwarded to the State Treasurer.
In addition to or in lieu of the imposition of a civil penalty, the board
may report such violation and the failure or refusal to comply with the
order of the Board to the Attorney General and the appropriate State's
Attorney.
(Source: P.A. 93-615, eff. 11-19-03.)
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(10 ILCS 5/9-23.5)
Sec. 9-23.5. Public database of founded complaints. The State Board of Elections shall establish and maintain on its official website a searchable database, freely accessible to the public, of each complaint filed with the Board under this Article with respect to which Board action was taken, including all Board actions and penalties imposed, if any. The Board must update the database within 5 business days after an action is taken or a penalty is imposed to include that complaint, action, or penalty in the database. The Task Force on Campaign Finance Reform shall make recommendations on improving access to information related to founded complaints.
(Source: P.A. 96-832, eff. 1-1-11 .) |
(10 ILCS 5/9-24) (from Ch. 46, par. 9-24)
Sec. 9-24.
The Board may also petition the Circuit Court to issue an order of the
Court compelling compliance with an order issued by the Board, or to
restrain or prohibit a person who is engaging or has engaged in acts or
practices which constitute a violation of any provision of this Article
from engaging in such acts or practices. If the Court finds that it has
jurisdiction over the person of the alleged violator and that a violation
has occurred or is occurring by reasons of the acts or practices of such
person, the Court shall issue the appropriate order.
(Source: P.A. 78-1183.)
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(10 ILCS 5/9-25) (from Ch. 46, par. 9-25)
Sec. 9-25.
No person shall make an anonymous contribution or a contribution in the
name of another person, and no person shall knowingly accept any anonymous
contribution or contribution made by one person in the name of another
person. Anonymous contributions shall escheat to the State of Illinois. Any
political committee that receives such a contribution shall forward it
immediately to the State Treasurer.
(Source: P.A. 78-1183.)
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(10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104)
Sec. 9-25.1.
Election interference.
(a) As used in this Section, "public funds" means any funds appropriated
by the Illinois General Assembly or by any political subdivision of the
State of Illinois.
(b) No public funds shall be used to urge any elector to vote for or
against any candidate or proposition, or be appropriated for political or
campaign purposes to any candidate or political organization. This Section
shall not prohibit the use of public funds for dissemination of factual
information relative to any proposition appearing on an election ballot,
or for dissemination of information and arguments published and distributed
under law in connection with a proposition to amend the Constitution
of the State of Illinois.
(c) The first time any person violates any provision of this Section, that
person shall be guilty of a Class B misdemeanor. Upon the second or any
subsequent violation of any provision of this Section, the person violating
any provision of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 87-1052.)
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(10 ILCS 5/9-25.2)
Sec. 9-25.2.
Contributions; candidate or treasurer of political
committee.
(a) No candidate may knowingly receive any contribution solicited or
received in violation of Section 33-3.1 or Section 33-3.2 of the Criminal Code
of
2012.
(b) The receipt of political contributions in violation of this
Section shall constitute a Class A misdemeanor.
The appropriate State's Attorney or the Attorney General shall bring
actions in the name of the people of the State of Illinois.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(10 ILCS 5/9-26) (from Ch. 46, par. 9-26)
Sec. 9-26.
Willful failure to file or willful filing of false or incomplete
information required by this Article shall constitute a business offense
subject to a fine of up to $5,000.
Willful filing of a false complaint under this Article shall constitute
a Class B misdemeanor.
A prosecution for any offense designated by this Article shall be
commenced no later than 18 months after the commission of the offense.
The appropriate State's Attorney or the Attorney General shall bring
such actions in the name of the people of the State of Illinois.
(Source: P.A. 90-737, eff. 1-1-99.)
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(10 ILCS 5/9-27) (from Ch. 46, par. 9-27)
Sec. 9-27.
As to any civil or criminal proceedings instituted under this Article,
venue shall lie in the county where the political committee was organized
or in the county where the defendant resides.
(Source: P.A. 78-1183 .)
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(10 ILCS 5/9-27.5)
Sec. 9-27.5. Fundraising in Sangamon County. In addition to any other provision of this Code, fundraising
events in Sangamon County by certain executive branch officers and candidates,
legislative branch members and candidates, political caucuses, and political
committees are subject to
the State Officials and Employees Ethics Act.
If a political committee receives and retains a contribution that is in
violation of
Section 5-40 of the State Officials and Employees Ethics Act, then the State
Board may impose a civil penalty upon that political committee in an amount
equal to 100% of that contribution.
(Source: P.A. 93-615, eff. 11-19-03.)
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(10 ILCS 5/9-28)
Sec. 9-28. Electronic filing and availability. The Board shall
by rule
provide for the electronic filing of expenditure and contribution
reports as follows:
Electronic filing is required for
all
political
committees that during the
reporting period (i) had at any time a balance or an accumulation of
contributions
of $10,000 or more, (ii) made aggregate expenditures of $10,000 or more, or
(iii) received loans of an aggregate of $10,000 or more.
The Board may provide by rule for the optional
electronic filing of
expenditure and contribution reports for all other political committees.
The Board shall promptly
make all reports filed under this Article by
all political committees publicly
available by means of a searchable database that is accessible on the Board's website.
The Board shall provide all software necessary to comply with this
Section to candidates, public officials, political committees, and election
authorities.
The Board shall implement a plan to provide computer access and assistance
to candidates, public officials, political committees, and election authorities
with respect to electronic filings required under this Article.
(Source: P.A. 96-832, eff. 1-1-11 .)
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