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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/9-16
(10 ILCS 5/9-16) (from Ch. 46, par. 9-16)
Sec. 9-16.
It shall be the duty of the board and of each county
clerk to provide to each candidate at the time he files his nomination
papers a notice of obligations under this Article. However,
if a candidate files his nomination papers by mail or if an agent of the
candidate files nomination papers on behalf of the candidate, the Board
or the county clerk shall within 2 business days of the day and hour
endorsed on the petition send such notice to the candidate by first
class mail. Such notice shall briefly
outline who is required to file under the campaign disclosure law and the
penalties for failure to file. The notice of obligations under this Article shall be prepared by the Board.
(Source: P.A. 96-832, eff. 1-1-11 .)
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10 ILCS 5/9-17
(10 ILCS 5/9-17) (from Ch. 46, par. 9-17)
Sec. 9-17.
All statements and reports filed under this Article with the board or
county clerk shall be available for examination and copying by the
public at all reasonable times.
Any person who alters or falsifies information on a copy of a statement
or report obtained from the State Board of Elections or the county clerk
pursuant to Article 9 of this Code and publishes, circulates or distributes
such altered or falsified information with the intent to misrepresent
contributions
received or expenditures made by a candidate or political committee shall
be guilty of a Class B misdemeanor.
Any person who shall sell or utilize information copied from statements
and reports filed with the State Board of Elections or the county clerk
pursuant to Article 9 of this Code for the purpose of soliciting contributions
or for the purpose of business solicitation shall be guilty of a Class B
misdemeanor.
(Source: P.A. 90-495, eff. 8-17-97.)
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10 ILCS 5/9-18
(10 ILCS 5/9-18) (from Ch. 46, par. 9-18)
Sec. 9-18.
The Board may hold investigations, inquiries, and hearings concerning
any matter covered by this Article, subject to such rules and regulations
as the Board may establish. In the process of holding such investigations,
inquiries, and hearings, the Board may administer oaths and affirmations,
certify to all official acts, issue subpoenas to be authorized by a vote
of 5 members of the Board, compel the attendance and testimony of witnesses,
and the production of papers, books, accounts, and documents. Hearings conducted
by the Board shall be open to the public.
(Source: P.A. 81-1117.)
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10 ILCS 5/9-19
(10 ILCS 5/9-19) (from Ch. 46, par. 9-19)
Sec. 9-19.
The Board may hire such investigators, examiners, and hearing officers
as may be necessary to carry out its functions under this Article, and may
by regulation delegate any of its duties or functions under Sections 9-18
and 9-21 of this Article to such persons, except that final judgments and
orders shall be issued only by the Board. Reports of violations under
Section 9-23 shall be made only by the Board.
(Source: P.A. 78-1183.)
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10 ILCS 5/9-20
(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
(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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