(10 ILCS 5/7-64) (from Ch. 46, par. 7-64)
Sec. 7-64.
Nothing in this article contained shall be construed to prevent
the nomination of independent candidates by petition, as is now or may
hereafter be provided by this Act or any other law.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7-65) (from Ch. 46, par. 7-65)
Sec. 7-65.
The invalidity of any portion of this Article 7 shall not affect
the validity of any other portion hereof, which can be given effect without
such invalid part.
(Source: Laws 1943, vol. 2, p. 253 .)
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(10 ILCS 5/7-66)
Sec. 7-66.
Precinct tabulation optical scan technology voting equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 7, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
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(10 ILCS 5/7-67) Sec. 7-67. Nominations; regional superintendents of schools. (a) Notwithstanding any provision of law to the contrary, this Section shall apply only to the making of nominations for established party candidates for regional superintendent of schools in the 2014 general primary election. (b) A candidate's petition for nomination must contain at least 200 signatures or the number of signatures equal to 0.5% of the primary electors of his or her party in the territory comprising the county or counties, whichever is less. For purposes of this subsection, the number of primary electors shall be determined by taking the total votes cast in the applicable district for the candidate for that political party who received the highest number of votes, statewide, at the last general election in the State at which electors for President of the United States were elected. (c) Petitions for nomination for regional superintendent of schools shall be filed no earlier than December 16, 2013, and no later than December 23, 2013. (d) Petitions for single-county districts shall be filed with the county election authority. Petitions for multi-county districts shall be filed with the State Board of Elections. Signatures and circulator statements on petitions for nomination filed with the State Board of Elections or county election authority during the filing period for nominations shall not be deemed invalid for the sole reason that the petitions were circulated between 90 and 111 days before the last day for filing petitions. (e) In the case of a conflict between the provisions of this Section and any other provision of this Code, the provisions of this Section shall control.
(Source: P.A. 98-594, eff. 11-15-13.) |
(10 ILCS 5/7-68) Sec. 7-68. Nominations for special election for Attorney General, Secretary of State, Comptroller, or Treasurer. (a) Whenever a special election for the office of Attorney General, Secretary of State, Comptroller, or Treasurer is to be held pursuant to Section 25-5 of this Code, nominations shall be made and any vacancy in nomination shall be filled pursuant to this Section. (1) If the vacancy in office or failure to qualify | ||
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(2) If the vacancy in office or failure to qualify | ||
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The resolution to fill the vacancy in nomination | ||
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(A) the names of the original office holder and | ||
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(B) the date on which the vacancy in nomination | ||
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(C) the name and address of the nominee selected | ||
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The resolution to fill the vacancy in nomination | ||
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(b) Any vacancy in nomination occurring on or after the primary and prior to certification must be filled prior to the date of certification. Any vacancy in nomination occurring after certification but prior to 15 days before the general election shall be filled within 8 days after the event creating the vacancy in nomination. (c) The provisions of Sections 10-8 through 10-10.1 relating to objections to nomination papers, hearings on objections and judicial review, shall also apply to and govern objections to nomination papers and resolutions for filling vacancies in nomination filed pursuant to this Section. (d) Unless otherwise specified herein, the nomination and special election provided for in this Section shall be governed by this Code.
(Source: P.A. 98-1170, eff. 1-12-15.) |
(10 ILCS 5/7-100)
Sec. 7-100. Definition of a vote.
(a) Notwithstanding any law to the contrary, for the purpose of this
Article, a person casts a valid vote on a punch card ballot when:
(1) A chad on the card has at least one corner | ||
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(2) The fibers of paper on at least one edge of the | ||
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(3) An indentation on the chad from the stylus or | ||
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(b) Write-in votes shall be counted in a manner consistent with the existing
provisions of this Code.
(c) For purposes of this Section, a "chad" is that portion of a ballot card
that a voter punches or perforates with a stylus or other designated marking
device to manifest his or her vote for a particular ballot position on a ballot
card as defined in subsection (a).
(d) Prior to the original counting of any punch card ballots, an election judge may not alter a punch card ballot in any manner, including, but not limited to, the removal or manipulation of chads.
(Source: P.A. 94-645, eff. 8-22-05.) |
(10 ILCS 5/Art. 7A heading) ARTICLE 7A.
JUDGES' DECLARATION OF
INTENT TO SEEK RETENTION IN OFFICE
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(10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
Sec. 7A-1.
Any Supreme, Appellate or Circuit Judge who has been elected
to that office and who seeks to be retained in that office under subsection
(d) of Section 12 of Article VI of the Constitution shall file a declaration
of candidacy to succeed himself in the office of the Secretary of State
not less than 6 months before the general election preceding
the expiration of his term of office. Within 3 business days thereafter,
the Secretary of State shall certify to the State Board of Elections the
names of all incumbent judges who were eligible to stand for retention at
the next general election but failed to timely file a declaration of
candidacy to succeed themselves in office or, having timely filed such a
declaration, withdrew it. The State Board of Elections may rely upon the
certification from the Secretary of State (a) to determine when vacancies
in judicial office exist and (b) to determine the judicial positions for
which elections will be held. The Secretary of State, not less
than 63 days before the election, shall certify the Judge's candidacy to
the proper election officials. The names of Judges seeking retention shall
be submitted to the electors, separately and without party designation,
on the sole question whether each Judge shall be retained in office for
another term. The retention elections shall be conducted at general elections
in the appropriate Judicial District, for Supreme and Appellate Judges,
and in the circuit for Circuit Judges. The affirmative vote of three-fifths
of the electors voting on the question shall elect the Judge to the office
for a term commencing on the first Monday in December following his election.
Upon certification of a Judge's candidacy for retention by the Secretary of State, the judicial candidate may file a written request with the Secretary of State for redaction of the judicial candidate's home address information from the candidate's declaration of candidacy for retention. After receipt of the candidate's written request, the Secretary of State shall redact or cause redaction of the judicial candidate's home address from the candidate's declaration of candidacy for retention within 5 business days. For the purposes of this subsection, "home address" has the meaning as defined in Section 1-10 of the Judicial Privacy Act. (Source: P.A. 96-886, eff. 1-1-11; 97-847, eff. 9-22-12 .)
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(10 ILCS 5/Art. 8 heading) ARTICLE 8.
NOMINATIONS OF MEMBERS OF THE GENERAL ASSEMBLY
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(10 ILCS 5/8-1) (from Ch. 46, par. 8-1)
Sec. 8-1.
The nomination of all candidates for members of the General Assembly by
all political parties as defined in Section 8-2 of this article shall be
made in the manner provided in this article 8 and not otherwise.
The name of no person, nominated by a party required hereunder to make
nominations of candidates for members of the General Assembly shall be
placed upon the official ballot to be voted at the general election
as a candidate unless such person shall have
been nominated for such office under the provisions of this article 8.
(Source: P.A. 82-750.)
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(10 ILCS 5/8-2) (from Ch. 46, par. 8-2)
Sec. 8-2.
The term "political party" as used in this article shall mean a
political party which, at the next preceding election for governor, polled
at least five per cent of the entire vote cast in the State; Provided, that
no political organization or group shall be qualified as a political party
hereunder, or given a place on a ballot, which organization or group is
associated, directly or indirectly, with Communist, Fascist, Nazi or other
un-American principles and engages in activities or propaganda designed to
teach subservience to the political principles and ideals of foreign
nations or the overthrow by violence of the established constitutional form
of government of the United States and the State of Illinois.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/8-3) (from Ch. 46, par. 8-3)
Sec. 8-3.
The following words and phrases in this article
shall, unless the same be inconsistent with the context, be construed as follows:
(1) The terms "legislative office",
"legislative officer" or "legislator" shall mean a State Senator
or Representative in the General Assembly.
(2) The term "legislative district" shall mean the territorial area
from which a State Senator is to be elected.
(3) The term "representative district" shall mean the territorial area
from which a Representative in the General Assembly is to be elected.
(Source: P.A. 82-750.)
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(10 ILCS 5/8-4) (from Ch. 46, par. 8-4)
Sec. 8-4. The nomination of candidates for
legislative offices shall be made at the general primary election.
(Source: P.A. 95-6, eff. 6-20-07.)
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(10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
Sec. 8-5. Legislative committees; representative committees. There shall be constituted one legislative committee for each
political party in each legislative district and one representative committee
for each political party in each representative district. Legislative and
representative committees shall be composed as follows:
In legislative or representative districts within or including a portion
of any county containing 2,000,000 or more inhabitants, the legislative
or representative committee of a
political party shall consist of the committeepersons of such party
representing each township or ward of such county any portion of which
township or ward is included within such legislative or representative
district and the chair
of each county central committee of such party of any county
containing less than 2,000,000 inhabitants any portion of which county
is included within such legislative or representative district.
In the remainder of the State, the legislative or representative committee
of a political
party shall consist of the chair of each county central committee of
such party, any portion of which county is included within such
legislative or representative district; but if a legislative or representative
district comprises only one
county, or part of a county, its legislative or representative committee
shall consist of
the chair of the county central committee and 2 members of the county
central committee appointed by the chair of the county central committee.
Within 180 days after the primary of the even-numbered year immediately
following the decennial redistricting required by Section 3 of Article IV
of the Illinois Constitution of 1970, the ward committeepersons, township committeepersons
or chairmen of county central committees within each of the
redistricted legislative and representative districts shall meet and
proceed to organize by electing from among their own number a chair and,
either from among their own number or otherwise, such other officers as
they may deem necessary or expedient. The ward committeepersons, township committeepersons
or chairmen of county central committees shall determine the
time and place (which shall be in the limits of such district) of such
meeting. Immediately upon completion of organization, the chair shall
forward to the State Board of Elections the names and addresses of the chair
and secretary of the committee. A vacancy shall occur when a
member dies, resigns or ceases to reside in the county, township or ward
which he represented.
Within 180 days after the primary of each other even-numbered year, each
legislative committee and representative committee shall meet and proceed
to organize by electing from among its own number a chair, and either
from its own number or otherwise, such other officers as each committee
may deem necessary or expedient. Immediately upon completion of
organization, the chair shall forward to the State Board of
Elections, the names and addresses of the chair and secretary of the
committee. The outgoing chair of such committee shall notify the
members of the time and place (which shall be in the limits of such
district) of such meeting. A vacancy shall occur when a member dies,
resigns, or ceases to reside in the county, township or ward, which he
represented.
If any change is made in the boundaries of any precinct, township or
ward, the committeeperson previously elected therefrom shall continue to
serve, as if no boundary change had occurred, for the purpose of acting
as a member of a legislative or representative committee until his successor
is elected or appointed.
(Source: P.A. 102-15, eff. 6-17-21.)
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(10 ILCS 5/8-6) (from Ch. 46, par. 8-6)
Sec. 8-6.
In legislative or representative districts wholly contained
within counties having 2,000,000
or more inhabitants each member of each legislative or representative
committee shall in its
organization and proceedings be entitled to
one vote for each ballot voted in that portion of his township or ward in
the legislative or representative district by the primary electors of
his party at the last
primary at which members of the General Assembly were nominated. If a portion
of the legislative or representative district is within a county containing
2,000,000 or more inhabitants then each legislative or representative
committee member shall be entitled to vote as follows: (a) in the portion
of the district lying within a county of 2,000,000 or more inhabitants,
each committeeperson shall be entitled to one vote for each ballot voted in
that portion of his township or ward in the legislative or representative
district by primary electors of his party at the last primary at which
township or ward committeepersons were elected; (b) in the portion of the
district lying outside a county of 2,000,000 or more inhabitants, each chair
of a county central committee shall be entitled to one vote for
each ballot voted in that portion of his county in the legislative or
representative district by the primary electors of his party at the last
primary at which members of the General Assembly were nominated. In the
remainder of the State, each member shall be entitled to cast one vote for
each ballot voted in that portion of his county in the legislative or
representative district by the primary electors of his party at the last
primary at which members of the General Assembly were nominated. However,
in counties under 2,000,000 population, if the legislative or
representative district comprises only one county, or part of a county,
each legislative or representative committee member shall be entitled to cast one vote.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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(10 ILCS 5/8-7) (from Ch. 46, par. 8-7)
Sec. 8-7.
The various political party committees now in existence are
hereby recognized and shall exercise the powers and perform the duties
herein prescribed until committeepersons are chosen, in accordance with the
provisions of this Article.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
Sec. 8-8. Form of petition for nomination. The name of no candidate for nomination shall be printed
upon the primary ballot unless a petition for nomination shall have been
filed in his behalf as provided for in this Section. Each such petition
shall include as a part thereof the oath required by Section 7-10.1 of
this Code and a statement of candidacy by the candidate filing or in
whose behalf the petition is filed. This statement shall set out the
address of such candidate and the office for which he is a candidate; shall
state that the candidate is a qualified primary voter of the party to
which the petition relates, is qualified for the office specified, and
has filed a statement of economic interests as required by the Illinois
Governmental Ethics Act; shall request that the candidate's name be
placed upon the official ballot; and shall be subscribed and sworn by
such candidate before some officer authorized to take acknowledgment of
deeds in this State and may be in substantially the following form:
State of Illinois) ) ss. County ..........)
I, ...., being first duly sworn, say that I reside at .... street in
the city (or village of) .... in the county of .... State of Illinois;
that I am a qualified voter therein and am a qualified primary voter of
.... party; that I am a candidate for nomination to the office of ....
to be voted upon at the primary election to be held on (insert date);
that I am legally qualified to hold such office and
that I have filed a statement of economic interests as required by the
Illinois Governmental Ethics Act and I hereby request that my name be
printed upon the official primary ballot for nomination for such office.
Signed ....................
Subscribed and sworn to (or affirmed) before me by ...., who is to me
personally known, on (insert date).
Signed .... (Official Character)
(Seal if officer has one.)
The receipt issued by the Secretary of State indicating that the candidate has filed the statement of economic interests required by the Illinois Governmental Ethics Act must be filed with the petitions for nomination as provided in subsection (8) of Section 7-12 of this Code.
Except as otherwise provided in this Code, all petitions for nomination for the office of State Senator shall be signed
by at least 1,000 but not more than 3,000 of the qualified primary electors of
the candidate's party in his legislative district.
Except as otherwise provided in this Code, all petitions for nomination for the office of Representative in the General
Assembly shall be signed by at least 500 but not more than 1,500 of
the qualified primary electors of the candidate's party in his or her
representative district.
Opposite the signature of each qualified primary elector who signs a
petition for nomination for the office of State Representative or State
Senator such elector's residence address shall be written or printed. The
residence address required to be written or printed opposite each qualified
primary elector's name shall include the street address or rural route
number of the signer, as the case may be, as well as the signer's county
and city, village, or town.
For the purposes of this Section, the number of primary electors shall
be determined by taking the total vote cast, in the applicable district,
for the candidate for such political party who received the highest number
of votes, state-wide, at the last general election in the State at which
electors for President of the United States were elected.
A "qualified primary elector" of a party may not sign petitions for or be a
candidate in the primary of more than one party.
In the affidavit at the bottom of each sheet, the petition circulator,
who shall be a person 18 years of age or older who is a citizen of the United
States, shall state his or her street address or rural route
number, as the
case may be, as well as his or her county, city, village or
town, and state; and
shall certify that the signatures on that sheet of the petition were signed in
his or her presence; and shall certify that the signatures are genuine; and
shall certify
that, to the best of his or her knowledge and belief, the persons so signing were
at the time of signing the petition qualified primary voters for which the
nomination is sought.
In the affidavit at the bottom of each petition sheet, the petition
circulator shall (1) indicate the dates on which he or she
circulated that sheet, or (2) indicate the first and last dates on which
the sheet was circulated, or (3) for elections where the petition circulation period is 90 days, certify that none of the signatures on the
sheet were signed more than 90 days preceding the last day for the filing
of the petition, or (4) for the 2022 general primary election only, certify that the signatures on the sheet were signed during the period of January 13, 2022 through March 14, 2022 or certify that the signatures on the sheet were signed during the period of January 13, 2022 through the date on which this statement was sworn or affirmed to. No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 8-9 for the filing of such petition.
All petition sheets which are filed with the State Board of Elections shall
be the original sheets which have been signed by the voters and by the
circulator, and not photocopies or duplicates of such sheets.
The person circulating the petition, or the candidate on whose behalf
the petition is circulated, may strike any signature from the petition,
provided that:
(1) the person striking the signature shall initial | ||
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(2) the person striking the signature shall sign a | ||
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(Source: P.A. 102-15, eff. 6-17-21; 102-692, eff. 1-7-22; 103-154, eff. 6-30-23.)
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(10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
Sec. 8-8.1. In the designation of the name of a candidate on a petition for
nomination, the candidate's given name or names, initial or initials, a
nickname by which the candidate is commonly known, or a combination
thereof, may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition for that office, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot or removing the candidate's name from the ballot, as appropriate, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage or civil union to assume a spouse's surname, or dissolution of marriage or civil union or declaration of invalidity of marriage or civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. No other
designation such as a political slogan, title, or degree, or nickname
suggesting or implying
possession of a title, degree or professional status, or similar information
may be used
in connection with the candidate's surname.
(Source: P.A. 102-15, eff. 6-17-21.)
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(10 ILCS 5/8-9) (from Ch. 46, par. 8-9) Sec. 8-9. All petitions for nomination shall be filed by mail or in person as follows: (1) Where the nomination is made for a legislative | ||
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(2) The State Board of Elections shall, upon receipt | ||
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(3) Any person for whom a petition for nomination has | ||
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(4) If multiple sets of nomination papers are filed | ||
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(Source: P.A. 103-600, eff. 7-1-24.) |
(10 ILCS 5/8-9.1) (from Ch. 46, par. 8-9.1)
Sec. 8-9.1.
The provisions of Sections 10-8 through 10-10.1 relating to
objections to certificates of nomination and nomination papers, hearings on
objections, and judicial review, shall also apply to and govern objections
to petitions for nomination filed under this Article.
(Source: Laws 1967, p. 597.)
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(10 ILCS 5/8-10) (from Ch. 46, par. 8-10)
Sec. 8-10.
Except as otherwise provided in this Code, not less than 68 days prior to the date of the primary, the State Board
of Elections shall certify to the county clerk for each county, the names
of all candidates for legislative offices, as specified
in the petitions for
nominations on file in its office, which are to be voted for in such
county, stating in such certificates the political affiliation of each
candidate for nomination, as specified in the petitions. The State Board
of Elections shall, in its
certificate to the county clerk, certify to the county clerk the names of
the candidates in the order in which the names shall appear upon the
primary ballot, the names to appear in the order in which petitions have
been filed.
Not less than 62 days prior to the date of the primary, the county clerk
shall certify to the board of election commissioners if there be any such
board in his county, the names of all candidates so certified to him by the
State Board of Elections in the districts wholly or partly within the
jurisdiction of said board and in the order in which such names are
certified to him.
(Source: P.A. 102-15, eff. 6-17-21.)
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(10 ILCS 5/8-11) (from Ch. 46, par. 8-11)
Sec. 8-11.
The county clerk of each county or the board of election commissioners,
as the case may be, shall prepare and cause to be printed the primary
ballot of each political party for each precinct in his respective county,
and the names of all candidates provided in this Article 8, which are
certified to the office of the county clerk by the electoral board, shall
be placed on the same ballot as candidates for other offices for
nominations to be voted for at the same primary election, properly
arranged, however, under the name of each office.
(Source: P.A. 82-750.)
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(10 ILCS 5/8-12) (from Ch. 46, par. 8-12)
Sec. 8-12.
The State Board of Elections shall, in its certificate
to the county clerk,
certify to the county clerk the position which the names of candidates for
legislative offices shall occupy upon the primary ballot
with reference to
the position of candidates for other offices; provided that, where the
candidates on the primary ballot are listed in two or more columns,
legislative offices shall be the first offices listed
in the second column.
(Source: P.A. 82-750.)
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(10 ILCS 5/8-15) (from Ch. 46, par. 8-15)
Sec. 8-15.
Except as in this article otherwise expressly provided, all of the
provisions of Article 7 of this Act and acts hereafter passed amendatory
thereof, shall, so far as the same may be applicable, apply to and govern
primary elections and contests thereof held under the provisions of this
Article 8. The returns of such primary shall be made to the county clerk or
board of election commissioners, as the case may be, and shall be canvassed
and certified as other returns made to the county clerk or board of
election commissioners as the case may be.
Tabulated statements of the returns of the primary for the nomination of
candidates for legislative offices shall be made to the
State Board of
Elections, canvassed by the Board, proclamation of the result
thereof made, and certificates of nomination issued, as in the case of
other tabulated statements of returns made to the State Board of Elections,
and the election of any person nominated may be contested by filing with
the clerk of the circuit court a petition in writing and filing notice in
writing with the proper canvassing boards as required by Article 7 hereof.
(Source: P.A. 82-750.)
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(10 ILCS 5/8-16) (from Ch. 46, par. 8-16)
Sec. 8-16.
Nothing in this article contained shall be construed to prevent
the nomination of independent candidates by petition, as is now or may
hereafter be provided by this act.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/8-17) (from Ch. 46, par. 8-17) Sec. 8-17. The death of any candidate prior to, or on, the date of the primary shall not affect the canvass of the ballots. If the result of such canvass discloses that such candidate, if he had lived, would have been nominated, such candidate shall be declared nominated. In the event that a candidate of a party who has been nominated under the provisions of this Article shall die before election (whether death occurs prior to, or on, or after, the date of the primary), decline the nomination, or withdraw the candidate's name from the ballot prior to the general election, the legislative or representative committee of such party for such district shall nominate a candidate of such party to fill such vacancy. However, if there was no candidate for the nomination of the party in the primary, no candidate of that party for that office may be listed on the ballot at the general election. In proceedings to fill the vacancy in nomination, the voting strength of the members of the legislative or representative committee shall be as provided in Section 8-6 or as provided in Section 25-6, as applicable. (Source: P.A. 102-15, eff. 6-17-21; 103-586, eff. 5-3-24.) |
(10 ILCS 5/8-17.1) (from Ch. 46, par. 8-17.1)
Sec. 8-17.1.
Whenever a vacancy in the office of State Senator is to be
filled by election pursuant to Article IV, Section 2(d) of the Constitution
and Section 25-6 of this Code, nominations shall be made and any vacancy in
nomination shall be filled pursuant to this Section:
(1) If the vacancy in office occurs before the first | ||
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(2) If the vacancy in office occurs during the time | ||
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(3) If the vacancy in office occurs after the last | ||
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(4) The resolution to fill the vacancy shall be duly | ||
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(a) the names of the original nominee and the | ||
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(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected | ||
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The resolution to fill the vacancy shall be | ||
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The provisions of Sections 10-8 through 10-10.1 relating to objections to
nomination papers, hearings on objections and judicial review, shall also
apply to and govern objections to nomination papers and resolutions for filling
vacancies in nomination filed pursuant to this Section.
Unless otherwise specified herein, the nomination and election provided
for in this Section shall be governed by this Code.
(Source: P.A. 96-1008, eff. 7-6-10; 97-333, eff. 8-12-11.)
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(10 ILCS 5/Art. 8A heading) ARTICLE 8A. NOMINATIONS AND ELECTION OF REPRESENTATIVES IN THE GENERAL ASSEMBLY FROM THE STATE AT LARGE (Repealed) |
(10 ILCS 5/Art. 9 heading)
ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
Sec. 9-1.
As used in this Article, unless the context otherwise requires,
the terms defined in Sections 9-1.1 through 9-1.13, have the respective
meanings as defined in those Sections.
(Source: P.A. 86-873.)
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(10 ILCS 5/9-1.1) (from Ch. 46, par. 9-1.1)
Sec. 9-1.1.
"Board" means the State Board of Elections.
(Source: P.A. 78-1183.)
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(10 ILCS 5/9-1.3) (from Ch. 46, par. 9-1.3)
Sec. 9-1.3.
"Candidate" means any person who seeks nomination for election,
election to or retention in public office, or any person who seeks election
as ward or township committeeperson in counties of 3,000,000 or more population,
whether or not such person is elected. A person seeks nomination for election,
election or retention if he (1) takes the action necessary under the laws of
this State to attempt to qualify for nomination for election, election to or
retention in public office or election as ward or township committeeperson in
counties of 3,000,000 or more population, or (2) receives contributions or
makes expenditures, or gives consent for any other person to receive
contributions or make expenditures with a view to bringing about his
nomination for election or election to or retention in public
office, or his or her election as ward or township committeeperson in counties
of 3,000,000 or more population.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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(10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
Sec. 9-1.4. Contribution. (A) "Contribution" means:
(1) a gift, subscription, donation, dues, loan, advance, deposit
of money, or anything of value, knowingly received in connection with the
nomination for election, election, or retention of any candidate or person to or in public office or
in connection with any question of public policy;
(1.5) a gift, subscription, donation, dues, loan, advance, deposit of money, or anything of value that constitutes an electioneering communication made in concert or cooperation with or at the request, suggestion, or knowledge of a candidate, a political committee, or any of their agents;
(2) the purchase of tickets for fund-raising events, including but
not limited to dinners, luncheons, cocktail parties, and rallies made in
connection with the nomination for election, election, or retention of any person in or
to public office, or in
connection with any question of public policy;
(3) a transfer of funds received by a political committee from another political committee;
(4) the services of an employee donated by an employer, in which
case the contribution shall be listed in the name of the employer,
except that any individual services provided voluntarily and without
promise or expectation of compensation from any source shall not be deemed
a contribution; and
(5) an expenditure by a political committee made in cooperation, consultation, or concert with another political committee. (B) "Contribution" does not include:
(a) the use of real or personal property and the | ||
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(b) the sale of any food or beverage by a vendor | ||
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(c) communications by a corporation to its | ||
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(d) communications by an association to its | ||
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(e) voter registration or other campaigns | ||
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(f) a loan of money by a national or State bank | ||
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(g) an independent expenditure. (C) Interest or other investment income, earnings or | ||
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(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) Sec. 9-1.5. Expenditure. (A) "Expenditure" means:
(1) a payment, distribution, purchase, loan, advance, | ||
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(2) a payment, distribution, purchase, loan, advance, | ||
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(3) a transfer of funds by a political committee to | ||
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(B) "Expenditure" does not
include:
(a) the use of real or personal property and the cost | ||
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(b) the sale of any food or beverage by a vendor for | ||
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(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-1.6) (from Ch. 46, par. 9-1.6)
Sec. 9-1.6. Person. "Person" or "whoever" means a natural person, trust, partnership,
committee, association, corporation, or any other organization or group of
persons.
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-1.7)
(from Ch. 46, par. 9-1.7)
Sec. 9-1.7. (Repealed). (Source: P.A. 95-963, eff. 1-1-09. Repealed by P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
Sec. 9-1.8. Political committees. (a) "Political committee" includes a candidate political committee, a political party committee, a political action committee, a ballot initiative committee, and an independent expenditure committee. (b) "Candidate political committee" means the candidate himself or herself or any natural person, trust, partnership, corporation, or other organization or group of persons designated by the candidate that accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $5,000 on behalf of the candidate. (c) "Political party committee" means the State central committee of a political party, a county central committee of a political party, a legislative caucus committee, or a committee formed by a ward or township committeeperson of a political party. For purposes of this Article, a "legislative caucus committee" means a committee established for the purpose of electing candidates to the General Assembly by the person elected President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, Minority Leader of the House of Representatives, or a committee established by 5 or more members of the same caucus of the Senate or 10 or more members of the same caucus of the House of Representatives. (d) "Political action committee" means any natural person, trust, partnership, committee, association, corporation, or other organization or group of persons, other than a candidate, political party, candidate political committee, or political party committee, that accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $5,000 on behalf of or in opposition to a candidate or candidates for public office. "Political action committee" includes any natural person, trust, partnership, committee, association, corporation, or other organization or group of persons, other than a candidate, political party, candidate political committee, or political party committee, that makes electioneering communications during any 12-month period in an aggregate amount exceeding $5,000 related to any candidate or candidates for public office. (e) "Ballot initiative committee" means any natural person, trust, partnership, committee, association, corporation, or other organization or group of persons that accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $5,000 in support of or in opposition to any question of public policy to be submitted to the electors. "Ballot initiative committee" includes any natural person, trust, partnership, committee, association, corporation, or other organization or group of persons that makes electioneering communications during any 12-month period in an aggregate amount exceeding $5,000 related to any question of public policy to be submitted to the voters. The $5,000 threshold applies to any contributions or expenditures received or made with the purpose of securing a place on the ballot for, advocating the defeat or passage of, or engaging in electioneering communication regarding the question of public policy, regardless of the method of initiation of the question of public policy and regardless of whether petitions have been circulated or filed with the appropriate office or whether the question has been adopted and certified by the governing body. (f) "Independent expenditure committee" means any trust, partnership, committee, association, corporation, or other organization or group of persons formed for the exclusive
purpose of making independent expenditures during any 12-month period in an aggregate amount exceeding $5,000 in support of or in opposition to (i) the nomination for election, election, retention, or defeat of any public official or candidate or (ii) any question of public policy to be submitted to the electors. "Independent expenditure committee" also includes any trust, partnership, committee, association, corporation, or other organization or group of persons that makes electioneering communications that are not made in connection, consultation, or concert with or at the request or suggestion of a public official or candidate, a public official's or candidate's designated political committee or campaign, or an agent or agents of the public official, candidate, or political committee or campaign during any 12-month period in an aggregate amount exceeding $5,000 related to (i) the nomination for election, election, retention, or defeat of any public official or candidate or (ii) any question of public policy to be submitted to the voters. (g) "Limited activity committee" means a political committee for which a person who is nominated to a position that is subject to confirmation by the Senate, including a member of the State Board of Elections, is either an officer or a candidate the committee has designated to support.
(Source: P.A. 102-664, eff. 1-1-22 .)
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(10 ILCS 5/9-1.9)
(from Ch. 46, par. 9-1.9)
Sec. 9-1.9. Election cycle. "Election cycle" means any of the following: (1) For a candidate political committee organized to support a candidate to be elected at a general primary election or general election, (i) the period beginning January 1 following the general election for the office to which a candidate seeks nomination or election and ending on the day of the general primary election for that office or (ii) the period beginning the day after a general primary election for the office to which the candidate seeks nomination or election and through December 31 following the general election. (2) Notwithstanding paragraph (1), for a candidate political committee organized to support a candidate for the General Assembly, (i) the period beginning January 1 following a general election and ending on the day of the next general primary election or (ii) the period beginning the day after the general primary election and ending on December 31 following a general election. (3) For a candidate political committee organized to support a candidate for a retention election, (i) the period beginning January 1 following the general election at which the candidate was elected through the day the candidate files a declaration of intent to seek retention or (ii) the period beginning the day after the candidate files a declaration of intent to seek retention through December 31 following the retention election. (4) For a candidate political committee organized to support a candidate to be elected at a consolidated primary election or consolidated election, (i) the period beginning July 1 following a consolidated election and ending on the day of the consolidated primary election or (ii) the period beginning the day after the consolidated primary election and ending on June 30 following a consolidated election. (5) For a political party committee, political action committee, ballot initiative committee, or independent expenditure committee, the period beginning on January 1 and ending on December 31 of each calendar year.
(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
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(10 ILCS 5/9-1.10) (from Ch. 46, par. 9-1.10)
Sec. 9-1.10. Public Office. "Public office" means any elective office or judicial office subject to retention.
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-1.10b)
Sec. 9-1.10b.
Severability.
The provisions of this amendatory Act of 1995
are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 89-405, eff. 11-8-95.)
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(10 ILCS 5/9-1.11) (from Ch. 46, par. 9-1.11)
Sec. 9-1.11.
"Public official" means any person who is elected or appointed to public
office.
(Source: P.A. 78-1183.)
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(10 ILCS 5/9-1.12) (from Ch. 46, par. 9-1.12)
Sec. 9-1.12. Anything of value. "Anything of value" means any item, thing, service, or good,
regardless of
whether it may be valued in monetary terms according to ascertainable
market value. Anything of value which does not have an ascertainable market
value must be reported by describing the item, thing, service, or good
contributed and by using the contributor's certified market value required
under Section 9-6.
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-1.13) (from Ch. 46, par. 9-1.13)
Sec. 9-1.13. Transfer of funds. "Transfer of funds" means any conveyance of money from one political committee to another
political committee.
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-1.14)
Sec. 9-1.14. Electioneering communication.
(a) "Electioneering communication" means, for the purposes of this Article,
any broadcast, cable, or satellite communication, including radio, television, or Internet communication, that (1) refers to (i) a
clearly
identified candidate or candidates who will appear on the ballot for nomination for election, election, or retention, (ii) a clearly identified political party, or (iii) a clearly identified question of public policy that will appear on the ballot, (2) is made within (i) 60
days before a general election
or consolidated election or (ii) 30 days before a primary
election, (3) is targeted to the relevant electorate, and (4) is susceptible to no reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate for nomination for election, election, or retention, a political party, or a question of public policy.
(b) "Electioneering communication" does not include:
(1) A communication, other than an advertisement, | ||
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(2) A communication made solely to promote a | ||
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(3) A communication made as part of a non-partisan | ||
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(4) A communication by an organization operating and | ||
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(5) A communication exclusively between a labor | ||
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(6) A communication exclusively between an | ||
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(Source: P.A. 96-832, eff. 7-1-10 .) |
(10 ILCS 5/9-1.15) Sec. 9-1.15. Independent expenditure. "Independent expenditure" means any payment, gift, donation, or expenditure of funds (i) by a natural person or political committee for the purpose of making electioneering communications or of expressly advocating for or against the nomination for election, election, retention, or defeat of a clearly identifiable public official or candidate or for or against any question of public policy to be submitted to the voters and (ii) that is not made in connection, consultation, or concert with or at the request or suggestion of the public official or candidate, the public official's or candidate's designated political committee or campaign, or the agent or agents of the public official, candidate, or political committee or campaign.
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.) |
(10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
Sec. 9-2. Political committee designations. (a) Every political committee shall be designated as a (i) candidate political committee, (ii) political party committee, (iii) political action committee, (iv) ballot initiative committee, or (v) independent expenditure committee. (b) Beginning January 1, 2011, no public official or candidate for public office may maintain or establish more than one candidate political committee for each office that public official or candidate holds or is seeking. The name of each candidate political committee shall identify the name of the public official or candidate supported by the candidate political committee. If a candidate establishes separate candidate political committees for each public office, the name of each candidate political committee shall also include the public office to which the candidate seeks nomination for election, election, or retention. If a candidate establishes one candidate political committee for multiple offices elected at different elections, then the candidate shall designate an election cycle, as defined in Section 9-1.9, for purposes of contribution limitations and reporting requirements set forth in this Article.
No political committee, other than a candidate political committee, may include the name of a candidate in its name. (c) Beginning January 1, 2011, no State central committee of a political party, county central committee of a political party, committee formed by a ward or township committeeperson, or committee established for the purpose of electing candidates to the General Assembly may maintain or establish more than one political party committee. The name of the committee must include the name of the political party. (d) Beginning January 1, 2011, no natural person, trust, partnership, committee, association, corporation, or other organization or group of persons forming a political action committee shall maintain or establish more than one political action committee. The name of a political action committee must include the name of the entity forming the committee. This subsection does not apply to independent expenditure committees. (e) Beginning January 1, 2011, the name of a ballot initiative committee must include words describing the question of public policy and whether the group supports or opposes the question. (f) Every political committee shall designate a chair
and a treasurer. The same person may serve as both chair and
treasurer of any political committee.
A candidate who administers his own campaign contributions and
expenditures shall be deemed a political committee for purposes of this
Article and shall designate himself as chair, treasurer, or both chair
and treasurer of such political committee. The treasurer of a
political committee shall be responsible for keeping the records and
filing the statements and reports required by this Article.
(g) No contribution and no expenditure shall be accepted or made by or on
behalf of a political committee at a time when there is a vacancy in the
office of chair or treasurer thereof. No expenditure shall be made
for or on behalf of a political committee without the authorization of
its chair or treasurer, or their designated agents.
(h) For purposes of implementing the changes made by this amendatory Act of the 96th General Assembly, every political committee in existence on the effective date of this amendatory Act of the 96th General Assembly shall make the designation required by this Section by December 31, 2010. (Source: P.A. 100-1027, eff. 1-1-19 .)
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(10 ILCS 5/9-3) (from Ch. 46, par. 9-3) Sec. 9-3. Political committee statement of organization. (a) Every political committee shall file with the State Board of Elections a
statement of organization within 10 business days of the creation of
such
committee, except any political committee created within the 30 days before
an
election shall file a statement of organization within 2 business days in person, by facsimile transmission, or by electronic mail. Any change in information previously submitted in a statement of organization shall be reported, as required for the original statement of organization by this Section, within 10 days following that change.
The Board shall impose a civil penalty of $50 per business day upon political
committees for failing to file or late filing of a statement of organization. Such penalties shall not
exceed $5,000, and shall not exceed $10,000 for statewide office political
committees.
There shall be no fine if the statement is mailed and postmarked at least 72
hours prior to the filing deadline.
In addition to the civil penalties authorized by this Section, the State
Board of Elections or any other political committee may apply to the
circuit court for a temporary restraining
order or a preliminary or permanent injunction against the political committee
to cease the expenditure of funds and to cease operations until the statement
of organization is filed.
For the purpose of this Section,
"statewide office" means the Governor, Lieutenant Governor, Secretary of State,
Attorney General, State Treasurer, and State Comptroller.
(b) The statement of organization shall include:
(1) the name and address of the political committee | ||
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(2) the scope, area of activity, party affiliation, | ||
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(3) the name, address, and position of each custodian | ||
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(4) the name, address, and position of the | ||
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(5) (blank);
(6) a statement of what specific disposition of | ||
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(7) a listing of all banks or other financial | ||
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(8) the amount of funds available for campaign | ||
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(c) Each statement of organization required to be
filed in accordance with this Section shall be verified, dated, and signed
by either the treasurer of the political committee making the statement or
the candidate on whose behalf the statement is made and shall contain
substantially the following verification: "VERIFICATION: I declare that this statement of organization (including any
accompanying schedules and statements) has been examined by me and, to the
best of my knowledge and belief, is a true, correct, and complete statement
of organization as required by Article 9 of the Election Code. I understand
that willfully filing a false or incomplete statement is
subject to a civil penalty of at least $1,001 and up to $5,000. ................ .......................................... (date of filing) (signature of person making the statement)". (d) The statement of organization for a ballot initiative committee also shall include a verification signed by the chairperson of the committee that (i) the committee is formed for the purpose of supporting or opposing a question of public policy, (ii) all contributions and expenditures of the committee will be used for the purpose described in the statement of organization, (iii) the committee may accept unlimited contributions from any source, provided that the ballot initiative committee does not make contributions or expenditures in support of or opposition to a candidate or candidates for nomination for election, election, or retention, and (iv) failure to abide by these requirements shall deem the committee in violation of this Article. (d-5) The statement of organization for an independent expenditure committee also shall include a verification signed by the chairperson of the committee that (i) the committee is formed for the exclusive purpose of making independent expenditures, (ii) all contributions and expenditures of the committee will be used for the purpose described in the statement of organization, (iii) the committee may accept unlimited contributions from any source, provided that the independent expenditure committee does not make contributions to any candidate political committee, political party committee, or political action committee, and (iv) failure to abide by these requirements shall deem the committee in violation of this Article. (e) For purposes of implementing the changes made by this amendatory Act of the 96th General Assembly, every political committee in existence on the effective date of this amendatory Act of the 96th General Assembly shall file the statement required by this Section with the Board by December 31, 2010. (Source: P.A. 103-467, eff. 8-4-23.)
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(10 ILCS 5/9-3.5) Sec. 9-3.5. Candidate political committee restrictions. (a) A person who is nominated to an affected office shall not: (i) serve as an officer of a candidate political committee that is designated to support or oppose that person as a candidate; or (ii) be a candidate who is designated as the candidate to be supported by a candidate political committee. (b) Within 30 days after appointment, the person shall: (i) dissolve the candidate political committee; (ii) resign as an officer of the candidate political committee; (iii) have his or her name removed as the candidate to be supported by the candidate political committee; or (iv) notify the Board of the person's intent to convert the candidate political committee to a limited activity candidate political committee. (c) As used in this Section, "affected office" has the meaning provided in subsection (c) of Section 3A-50 of the Illinois Governmental Ethics Act.
(Source: P.A. 102-664, eff. 1-1-22 .) |
(10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
Sec. 9-4. (Repealed). (Source: P.A. 93-615, eff. 11-19-03. Repealed by P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-5) (from Ch. 46, par. 9-5)
Sec. 9-5. Dissolved or inactive committee.
Any political committee which, after having filed a statement of
organization, dissolves as a political committee or determines that it will
no longer receive any campaign contributions nor make any campaign
expenditures shall notify the Board of
that fact and file with the Board a
final report with respect to its contributions and expenditures, including
the final disposition of its funds and assets.
In the event that a political committee dissolves, all contributions in
its possession, after payment of the committee's outstanding liabilities,
including staff salaries, shall be refunded to the contributors in amounts
not exceeding their individual contributions, or transferred to other
political or charitable organizations consistent with the positions of the
committee or the candidates it represented. In no case shall these funds
be used for the personal aggrandizement of any committee member or campaign
worker.
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-6) (from Ch. 46, par. 9-6)
Sec. 9-6. Accounting for contributions.
(a) A person who collects or accepts a contribution for a
political committee shall,
within 5 days after receipt of such contribution, submit to the treasurer a
detailed account of the contribution, including (i) the amount, (ii) the name and address of the
person making such contribution, (iii) the date on which the contribution was received, and (iv) the name and address of the person collecting or accepting the contribution for the political committee. A political committee shall disclose on the quarterly statement the name, address, and occupation of any person who collects or accepts contributions from at least 5 persons in the aggregate of $3,000 or more outside of the presence of a candidate or not in connection with a fundraising event sanctioned or coordinated by the political committee during a reporting period. This subsection does not apply to a person who is an officer of the committee, a compensated employee, a person authorized by an officer or the candidate of a committee to accept contributions on behalf of the committee,
or an entity used for processing financial transactions by credit card or other means.
(b) Within 5 business days of contributing goods or services
to a political committee, the contributor shall submit to the treasurer a detailed account of the contribution, including (i) the name and address of the person making the contribution, (ii)
a description and market value of the goods or services, and (iii) the date on
which the
contribution was made.
(c) All funds of a political committee shall be segregated from, and may
not
be commingled with, any personal funds of officers, members, or associates
of such committee.
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-7) (from Ch. 46, par. 9-7)
Sec. 9-7. Records and accounts. (1) Except as provided in subsection (2), the treasurer of a political committee shall keep a detailed and exact
account of-
(a) the total of all contributions made to or for the | ||
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(b) the full name and mailing address of every person | ||
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(c) the total of all expenditures made by or on | ||
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(d) the full name and mailing address of every person | ||
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(e) proof of payment, stating the particulars, for | ||
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The treasurer shall preserve all records and accounts required
by this section for a period of 2 years. (2) The treasurer of a political committee shall keep a detailed and exact account of the total amount of contributions made to or for a committee at an event licensed under Section 8.1 of the Raffles and Poker Runs Act. For an event licensed under Section 8.1, the treasurer is not required to keep a detailed and exact account of the full name and mailing address of a person who purchases tickets at the event in an amount that does not exceed $150.
(Source: P.A. 97-766, eff. 7-6-12; 98-644, eff. 6-10-14.)
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(10 ILCS 5/9-7.5)
Sec. 9-7.5. (Repealed). (Source: P.A. 94-645, eff. 8-22-05. Repealed by P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-8) (from Ch. 46, par. 9-8)
Sec. 9-8.
Any political committee which solicits or receives contributions or
makes expenditures on behalf of any candidate that is not authorized in
writing by such candidate to do so shall include a notice on the face or
front page of all literature and advertisements published and following all
commercials broadcast, that are authorized by the committee and that mention the candidate, stating that the committee is not authorized by
such candidate and that such candidate is not responsible for the
activities of such committee.
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-8.5) Sec. 9-8.5. Limitations on campaign contributions. (a) It is unlawful for a political committee to accept contributions except as provided in this Section. (b) During an election cycle, a candidate political committee may not accept contributions with an aggregate value over the following: (i) $5,000 from any individual, (ii) $10,000 from any corporation, labor organization, or association, or (iii) $50,000 from a candidate political committee or political action committee. A candidate political committee may accept contributions in any amount from a political party committee. A candidate political committee established to elect a candidate to the General Assembly may accept contributions from only one legislative caucus committee. A candidate political committee may not accept contributions from a ballot initiative committee or from an independent expenditure committee. (b-5) Judicial elections. (1) In addition to any other provision of this | ||
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(A) accept contributions from any entity that | ||
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(B) accept contributions from any out-of-state | ||
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(1.1) In addition to any other provision of this | ||
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(1.2) In addition to any other provision of this | ||
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(1.3) In addition to any other provision of this | ||
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(2) As used in this subsection, "contribution" has | ||
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(A) expenditures made by any person in concert or | ||
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(B) the financing by any person of the | ||
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(3) As to contributions to a candidate political | ||
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(A) No person shall make a contribution in the | ||
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(B) No person shall knowingly accept a | ||
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(C) No person shall knowingly accept | ||
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(D) No person shall make an anonymous | ||
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(E) No person shall knowingly accept any | ||
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(F) No person shall predicate (1) any benefit, | ||
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(i) the decision by the recipient of that | ||
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(ii) the amount of any such donation. (4) No judicial candidate or political committee | ||
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(5) Where the provisions of this subsection (b-5) | ||
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(c) During an election cycle, a political party committee may not accept contributions with an aggregate value over the following: (i) $10,000 from any individual, (ii) $20,000 from any corporation, labor organization, or association, or (iii) $50,000 from a political action committee. A political party committee may accept contributions in any amount from another political party committee or a candidate political committee, except as provided in subsection (c-5). Nothing in this Section shall limit the amounts that may be transferred between a political party committee established under subsection (a) of Section 7-8 of this Code and an affiliated federal political committee established under the Federal Election Code by the same political party. A political party committee may not accept contributions from a ballot initiative committee or from an independent expenditure committee. A political party committee established by a legislative caucus may not accept contributions from another political party committee established by a legislative caucus. (c-5) (Blank). (c-10) (Blank). (d) During an election cycle, a political action committee may not accept contributions with an aggregate value over the following: (i) $10,000 from any individual, (ii) $20,000 from any corporation, labor organization, political party committee, or association, or (iii) $50,000 from a political action committee or candidate political committee. A political action committee may not accept contributions from a ballot initiative committee or from an independent expenditure committee. (e) A ballot initiative committee may accept contributions in any amount from any source, provided that the committee files the document required by Section 9-3 of this Article and files the disclosure reports required by the provisions of this Article. (e-5) An independent expenditure committee may accept contributions in any amount from any source, provided that the committee files the document required by Section 9-3 of this Article and files the disclosure reports required by the provisions of this Article. (e-10) A limited activity committee shall not accept contributions, except that the officer or a candidate the committee has designated to support may contribute personal funds in order to pay for maintenance expenses. A limited activity committee may only make expenditures that are: (i) necessary for maintenance of the committee; (ii) for rent or lease payments until the end of the lease in effect at the time the officer or candidate is confirmed by the Senate; (iii) contributions to 501(c)(3) charities; or (iv) returning contributions to original contributors. (f) Nothing in this Section shall prohibit a political committee from dividing the proceeds of joint fundraising efforts; provided that no political committee may receive more than the limit from any one contributor, and provided that an independent expenditure committee may not conduct joint fundraising efforts with a candidate political committee or a political party committee. (g) On January 1 of each odd-numbered year, the State Board of Elections shall adjust the amounts of the contribution limitations established in this Section for inflation as determined by the Consumer Price Index for All Urban Consumers as issued by the United States Department of Labor and rounded to the nearest $100. The State Board shall publish this information on its official website. (h) Self-funding candidates. If a public official, a candidate, or the public official's or candidate's immediate family contributes or loans 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 makes independent expenditures for the benefit of the public official's or candidate's campaign during the 12 months prior to an election in an aggregate amount of more than (i) $250,000 for statewide office or (ii) $100,000 for all other elective offices, then the public official or candidate shall file with the State Board of Elections, within one day, a Notification of Self-funding that shall detail each contribution or loan made by the public official, the candidate, or the public official's or candidate's immediate family. Within 2 business days after the filing of a Notification of Self-funding, the notification shall be posted on the Board's website and the Board shall give official notice of the filing to each candidate for the same office as the public official or candidate making the filing, including the public official or candidate filing the Notification of Self-funding. Notice shall be sent via first class mail to the candidate and the treasurer of the candidate's committee. Notice shall also be sent by e-mail to the candidate and the treasurer of the candidate's committee if the candidate and the treasurer, as applicable, have provided the Board with an e-mail address. Upon posting of the notice on the Board's website, all candidates for that office, including the public official or candidate who filed a Notification of Self-funding, shall be permitted to accept contributions in excess of any contribution limits imposed by subsection (b). If a public official or candidate filed a Notification of Self-funding during an election cycle that includes a general primary election or consolidated primary election and that public official or candidate is nominated, all candidates for that office, including the nominee who filed the notification of self-funding, shall be permitted to accept contributions in excess of any contribution limit imposed by subsection (b) for the subsequent election cycle. For the purposes of this subsection, "immediate family" means the spouse, parent, or child of a public official or candidate. (h-5) If a natural person or independent expenditure committee makes independent expenditures in support of or in opposition to the campaign of a particular public official or candidate in an aggregate amount of more than (i) $250,000 for statewide office or (ii) $100,000 for all other elective offices in an election cycle, as reported in a written disclosure filed under subsection (a) of Section 9-8.6 or subsection (e-5) of Section 9-10, then the State Board of Elections shall, within 2 business days after the filing of the disclosure, post the disclosure on the Board's website and give official notice of the disclosure to each candidate for the same office as the public official or candidate for whose benefit or detriment the natural person or independent expenditure committee made independent expenditures. Upon posting of the notice on the Board's website, all candidates for that office in that election, including the public official or candidate for whose benefit or detriment the natural person or independent expenditure committee made independent expenditures, shall be permitted to accept contributions in excess of any contribution limits imposed by subsection (b). (h-10) If the State Board of Elections receives notification or determines that a natural person or persons, an independent expenditure committee or committees, or combination thereof has made independent expenditures in support of or in opposition to the campaign of a particular public official or candidate in an aggregate amount of more than (i) $250,000 for statewide office or (ii) $100,000 for all other elective offices in an election cycle, then the Board shall, within 2 business days after discovering the independent expenditures that, in the aggregate, exceed the threshold set forth in (i) and (ii) of this subsection, post notice of this fact on the Board's website and give official notice to each candidate for the same office as the public official or candidate for whose benefit or detriment the independent expenditures were made. Notice shall be sent via first class mail to the candidate and the treasurer of the candidate's committee. Notice shall also be sent by e-mail to the candidate and the treasurer of the candidate's committee if the candidate and the treasurer, as applicable, have provided the Board with an e-mail address. Upon posting of the notice on the Board's website, all candidates of that office in that election, including the public official or candidate for whose benefit or detriment the independent expenditures were made, may accept contributions in excess of any contribution limits imposed by subsection (b). (i) For the purposes of this Section, a corporation, labor organization, association, or a political action committee established by a corporation, labor organization, or association may act as a conduit in facilitating the delivery to a political action committee of contributions made through dues, levies, or similar assessments and the political action committee may report the contributions in the aggregate, provided that: (i) contributions made through dues, levies, or similar assessments paid by any natural person, corporation, labor organization, or association in a calendar year may not exceed the limits set forth in this Section; (ii) the corporation, labor organization, association, or a political action committee established by a corporation, labor organization, or association facilitating the delivery of contributions maintains a list of natural persons, corporations, labor organizations, and associations that paid the dues, levies, or similar assessments from which the contributions comprising the aggregate amount derive; and (iii) contributions made through dues, levies, or similar assessments paid by any natural person, corporation, labor organization, or association that exceed $1,000 in a quarterly reporting period shall be itemized on the committee's quarterly report and may not be reported in the aggregate. A political action committee facilitating the delivery of contributions or receiving contributions shall disclose the amount of contributions made through dues delivered or received and the name of the corporation, labor organization, association, or political action committee delivering the contributions, if applicable. On January 1 of each odd-numbered year, the State Board of Elections shall adjust the amounts of the contribution limitations established in this subsection for inflation as determined by the Consumer Price Index for All Urban Consumers as issued by the United States Department of Labor and rounded to the nearest $100. The State Board shall publish this information on its official website. (j) A political committee that receives a contribution or transfer in violation of this Section shall dispose of the contribution or transfer by returning the contribution or transfer, or an amount equal to the contribution or transfer, to the contributor or transferor or donating the contribution or transfer, or an amount equal to the contribution or transfer, to a charity. A contribution or transfer received in violation of this Section that is not disposed of as provided in this subsection within 30 days after the Board sends notification to the political committee of the excess contribution by certified mail shall escheat to the General Revenue Fund and the political committee shall be deemed in violation of this Section and subject to a civil penalty not to exceed 150% of the total amount of the contribution. (k) For the purposes of this Section, "statewide office" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. (l) This Section is repealed if and when the United States Supreme Court invalidates contribution limits on committees formed to assist candidates, political parties, corporations, associations, or labor organizations established by or pursuant to federal law. (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21; 102-909, eff. 5-27-22; 103-600, eff. 7-1-24.) |
(10 ILCS 5/9-8.6)
Sec. 9-8.6. Independent expenditures. (a) An independent expenditure is not considered a contribution to a political committee. An expenditure made by a natural person or political committee for an electioneering communication in connection, consultation, or concert with or at the request or suggestion of the public official or candidate, the public official's or candidate's candidate political committee, or the agent or agents of the public official, candidate, or political committee or campaign shall not be considered an independent expenditure but rather shall be considered a contribution to the public official's or candidate's candidate political committee. A natural person who makes an independent expenditure supporting or opposing a public official or candidate that, alone or in combination with any other independent expenditure made by that natural person supporting or opposing that public official or candidate during any 12-month period, equals an aggregate value of at least $3,000 must file a written disclosure with the State Board of Elections within 2 business days after making any expenditure that results in the natural person meeting or exceeding the $3,000 threshold. A natural person who
has made a written disclosure with the State Board of Elections shall have a continuing
obligation to report further expenditures in relation to the same election, in $1,000
increments, to the State Board until the conclusion of that election. A natural person who makes an independent expenditure supporting or opposing a public official or candidate that, alone or in combination with any other independent expenditure made by that natural person supporting or opposing that public official or candidate during the election cycle, equals an aggregate value of more than (i) $250,000 for statewide office or (ii) $100,000 for all other elective offices must file a written disclosure with the State Board of Elections within 2 business days after making any expenditure that results in the natural person exceeding the applicable threshold. Each disclosure must identify the natural person, the public official or candidate supported or opposed, the date, amount, and nature of each independent expenditure, and the natural person's occupation and employer. (b) Any entity other than a natural person that makes expenditures of any kind in an aggregate amount exceeding $3,000 during any 12-month period supporting or opposing a public official or candidate must organize as a political committee in accordance with this Article. (c) Every political committee that makes independent expenditures must report all such independent expenditures as required under Section 9-10 of this Article. (d) In the event that a political committee organized as an independent
expenditure committee makes a contribution to any other political committee
other than another independent expenditure committee or a ballot initiative
committee, the State Board shall assess a fine equal to the amount of any contribution
received in the preceding 2 years by the independent expenditure committee
that exceeded the limits for a political action committee set forth in subsection (d) of Section 9-8.5.
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.) |
(10 ILCS 5/9-8.10)
Sec. 9-8.10. Use of political committee and other reporting organization
funds.
(a) A political committee shall
not
make
expenditures:
(1) In violation of any law of the United States or | ||
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(2) Clearly in excess of the fair market value of the | ||
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(3) For satisfaction or repayment of any debts other | ||
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(4) For the satisfaction or repayment of any debts or | ||
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(5) For clothing or personal laundry expenses, except | ||
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(6) For the travel expenses of any person unless the | ||
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(7) For membership or club dues charged by | ||
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(8) In payment for anything of value or for | ||
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(9) For the lease or purchase of or installment | ||
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(10) Directly for an individual's tuition or other | ||
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(11) For payments to a public official or candidate | ||
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(b) The Board shall have the authority to investigate, upon
receipt of a verified complaint, violations of the provisions of this Section.
The Board may levy a fine
on any person who knowingly makes expenditures in violation of this Section and
on any person who knowingly makes a malicious and false accusation of a
violation of this Section.
The Board may act under this subsection only upon the affirmative vote of at
least 5 of its members. The fine shall not
exceed $500 for each expenditure of $500 or less and shall not exceed the
amount of the
expenditure plus $500 for each expenditure greater than $500. The Board shall
also
have the authority
to render rulings and issue opinions relating to compliance with this
Section.
(c) Nothing in this Section prohibits the expenditure of funds of a
political
committee controlled by an officeholder or by a candidate to defray the customary and reasonable expenses of an
officeholder in
connection with the performance of governmental and public service functions.
(d) Nothing in this Section prohibits the funds of a political committee which is controlled by a person convicted of a violation of any of the offenses listed in subsection (a) of Section 10 of the Public Corruption Profit Forfeiture Act from being forfeited to the State under Section 15 of the Public Corruption Profit Forfeiture Act. (Source: P.A. 102-15, eff. 6-17-21.)
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(10 ILCS 5/9-8.15)
Sec. 9-8.15. Contributions on State property.
In addition to any other provision of this Code, the solicitation,
acceptance, offer, and
making of contributions on State
property by public officials, State employees, candidates for elective
office, and others 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 5-35 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 5/9-9) (from Ch. 46, par. 9-9)
Sec. 9-9.
Any political committee shall include on all literature
and advertisements soliciting funds the
following notice:
"A copy of our report filed with the State Board of Elections is
(or will be) available on the Board's official website (insert the current website address) or for purchase from the State Board of Elections, Springfield,
Illinois."
(Source: P.A. 96-832, eff. 1-1-11 .)
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(10 ILCS 5/9-9.5)
Sec. 9-9.5. Disclosures in political communications. (a)
Any political committee, organized under the Election Code, that
makes an expenditure for a pamphlet, circular, handbill, Internet or telephone communication, radio, television,
or print advertisement,
or other communication directed at voters and
mentioning the name of a candidate in the next upcoming election shall ensure
that the name of the political committee paying for any part of the
communication, including, but not limited to, its preparation and distribution,
is
identified clearly within the communication as the payor. This subsection does
not apply to items that are too small to contain the required disclosure.
This subsection does not apply to an expenditure for the preparation, distribution, or publication of any communication directed at constituents of a member of the General Assembly if the expenditure is made by a political committee in accordance with subsection (c) of Section 9-8.10. Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.
Whenever any vendor or other person provides any of the services listed in this subsection, other than any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy, the vendor or person shall keep and maintain records showing the name and address of the person who purchased or requested the services and the amount paid for the services. The records required by this subsection shall be kept for a period of one year after the date upon which payment was received for the services.
(b) Any political committee, organized under this Code,
that makes an expenditure for a pamphlet, circular, handbill,
Internet or telephone communication, radio, television, or
print advertisement, or other communication directed at voters
and (i) mentioning the name of a candidate in the next upcoming
election, without that candidate's permission, or
(ii)
advocating for or against a public policy position shall ensure
that the name of the political committee paying for any part of
the communication, including, but not limited to, its
preparation and distribution, is identified clearly within the
communication. Nothing in this subsection shall require disclosure on
any telephone communication using random sampling or other
scientific survey methods to gauge public opinion for or
against any candidate or question of public policy. (c) A political committee organized under this Code shall
not make an expenditure for any unsolicited telephone call to
the line of a residential telephone customer in this State
using any method to block or otherwise circumvent that
customer's use of a caller identification service.
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
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