Section 100.10  Definitions

 

a)         General Definitions

 

"Article 9" means Article 9 of the Election Code (campaign disclosures, contributions and expenditures).

 

"Board" means the Illinois State Board of Elections.

 

"Election Code" or "Code" means 10 ILCS 5.

 

"File", "Filed" or "Filing" means:

 

The statement, report or document being filed is in apparent and substantial conformity with the requirements of the Election Code. Apparent and substantial conformity requires that the filing contain the following:

 

The signature of the person making the filing;

 

Completion of all applicable sections of the report; and

 

Attachment of all appropriate schedules.

 

Inadvertent error or omission of a de minimus nature in the completion of a report, statement or document shall not be deemed to be a "willful failure to file or a willful filing of false or incomplete information" under Code Section 9-26.

 

"Immediate Family" means the spouse, civil union party, parent, legal guardian or child of the public official, candidate or any other person referred to in this Part. A parent includes a stepparent or adoptive parent. A child means a biological, adopted, legal dependent or stepchild.

 

"Labor Union" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of bargaining with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

 

"Public Office" means, among other things, an elective office. The term includes the political party offices of state central, county, ward, township and precinct committeeman.

 

"Signature" or "Signed", as used in Article 9 and this Part, includes electronic signatures attached and made a part of electronic records submitted to the State Board of Elections pursuant to Code Section 9-28, as well as electronic signatures permitted under the Uniform Electronic Transactions Act [815 ILCS 333].

 

"Submit" or "Submitting", as used in Code Section 9-11, means actually filing a report with the Board through the following methods:

 

uploading a report electronically or, if accomplished at a Board office or with the assistance of Board staff, the committee representative is present and/or authorizing the report filing;

 

using the U.S. Postal Service, overnight delivery, or any other delivery service;

 

e-mailing a report to D2@elections.il.gov or an elections specialist in the Division of Campaign Disclosure;

 

hand delivering a report to the Board; or

 

faxing a report to the Board.

 

With the exception of the chair or the treasurer, the person submitting the report on behalf of the committee must list themself as having submitted the report.

 

b)         Definitions Interpreting Specific Sections of the Election Code

 

1)         Assets

 

A)        Reference:  This definition of assets interprets or applies to Code Sections 9-5 and 9-11.

 

B)         An asset is an item of property, other than cash or services, of any kind, tangible or intangible, that has either a fair market or salvage value in excess of $150. For reporting purposes, a loan made by a political committee that has not been repaid or forgiven shall be considered as an asset held as an investment.

 

2)         Candidate

 

A)        Reference:  This subsection (b)(2) interprets or applies to Code Section 9-1.3.

 

B)        "Candidate", as that term is defined in Code Section 9-1.3, shall include, but not be limited to:

 

i)          A person who circulates or authorizes the circulation of nominating petitions on the candidate's behalf for public office;

 

ii)         An individual who receives contributions or makes expenditures or gives consent for any other person to receive contributions or make expenditures for the purpose of bringing about the candidate's nomination for election or re-election to any office;

 

iii)        Any judicial incumbent who qualifies for retention.

 

3)         Contributions and Anything of Value

 

A)        Reference:  This subsection (b)(3) interprets or applies Code Sections 9-1.4, 9-1.5, 9-1.8, 9-1.12, 9-1.14 and 9-1.15.

 

B)        The term "anything of value", as used in Code Sections 9-1.4, 9‑1.5 and 9-1.12, means any item, thing, service or goods, regardless of whether valued in monetary terms according to ascertainable market value.

 

C)        "Anything of value" that does not have an ascertainable market value may be reported by describing the item, thing, service or goods contributed; however, nothing in this subsection (b)(3) relieves a committee or a contributor of the duty to provide as accurate an assessment of value as possible.

 

D)        Interest, other investment income, earnings or proceeds, and refunds and returns shall not be reported as a contribution, but shall be reported as a receipt according to this subsection (b)(3). For purposes of reporting campaign receipts and expenses, income from investments shall be included as receipts during the reporting period they are actually received. The gross purchase price of each investment shall be reported as an expenditure at time of purchase. Net proceeds from the sale of an investment shall be reported as a receipt. During the period investments are held, they shall be identified by name and quantity of security or instrument on each quarterly report during the period. The value of each instrument as of the day the reporting period closes shall be included for each asset held as an investment.

 

E)        In addition to the items expressly excluded in the Election Code, the terms "anything of value" and "contribution" shall not be deemed to include:

 

i)          Any unreimbursed payments for travel or living expenses related to travel made by an individual who volunteers services on behalf of a political committee, including a candidate political committee;

 

ii)         Any news story, commentary, endorsement or editorial of any broadcasting station, newspaper, magazine or other periodical publication;

 

iii)        Any publication by a membership association or corporation to its officers, employees, members, stockholders, or members of the immediate families of these persons, so long as the membership association or corporation is not organized primarily for the purpose of influencing the nomination for election, election, or retention of any candidate, or supporting or opposing any question or questions of public policy;

 

iv)        The occasional use of real property of a person or whoever, as defined in Code Section 9-1.6, and as defined in Section 100.10(b)(4), for the purpose of conveying information to officers, employees, members or stockholders of an association or a corporation, and the immediate families of these persons, including but not limited to the use of the premises for the purpose of a candidate communicating directly with officers, employees, members or stockholders and the immediate families of these persons;

 

v)         Unrealized appreciation or loss of value of investments during the period they are held.

 

F)         A loan of money from a bank, credit union, or other financial institution to a candidate or public official, or the candidate's or public official's political committee, shall not be listed as a contribution from that institution, but shall instead be listed on the committee's disclosure filings as a contribution from the person or persons endorsing the loan. Security for a loan, if provided by a person other than the candidate or the candidate political committee, does qualify as a contribution and shall be reported as having come from the person who provided it and shall be subject to contribution limits. A loan of money from a bank, credit union or other financial institution to a committee other than a candidate political committee shall not be considered a contribution from that institution, and shall not be subject to the contribution limits if the guarantor for the loan is the committee itself or if the loan agreement is signed by an authorized officer of the committee acting on the committee's behalf. These loans shall be reported on disclosure filings by listing the committee as endorser and also listing the financial institution from which the loan is obtained.

 

G)        Independent expenditures are not contributions, as that term is defined in Code Section 9-1.4. Independent expenditures are those made for the purpose of electioneering communication, as that term is defined in Code Section 9-1.14, or that expressly advocates the election, nomination or defeat of a public official or candidate or for or against any question of public policy to be submitted to the voters and that is not made in cooperation, concert or consultation with, or at the request or suggestion of, the public official or candidate. Communications that expressly advocate the election, nomination or defeat of a public official or candidate or for or against any question of public policy to be submitted to the voters are those that unequivocally state in the communication that the public official or candidate ought to be elected, nominated or defeated or the question of public policy ought to be approved or defeated. These communications typically contain the terms "vote for", "elect" or, in the case of expressly advocating the defeat of a candidate, "vote against", "vote no", "defeat", etc.

 

H)        "Clearly identifiable candidate" means the candidate's name (first name and surname) but does not necessarily have to include the candidate's middle name or middle initial. A clearly identifiable candidate can also be one that is described in such a way as to exclude any other candidate so as to leave no doubt in the mind of the person being communicated to as to whom the communication is referring. For example:  "The Democratic Party's candidate for Mayor", "Congressman Jones", or "the former Republican candidate for Congressman who was defeated at the most recent General Election".  A clearly identifiable candidate can also be described by use of a photograph or other visual image or likeness.

 

I)         A communication by a corporation, a limited liability company, or an association to its members or stockholders and executive or administrative personnel, or the immediate families of these persons, is not a contribution. For purposes of this Part, a corporation is one that is registered with the Business Services Division of the Illinois Secretary of State or is similarly registered with any other state in compliance with that state's laws or that operates as or holds itself out as a corporation so that it would be required to register with the Illinois Secretary of State, regardless if it has taken affirmative action to so register. For purposes of this Part, an association is defined broadly to include any group of persons or entities that have a common purpose and that have an organizational structure with an existing membership roster and governing by-laws or other similar rules. An association includes those that are both for-profit and not-for-profit (however the entity does not necessarily have to be organized under the laws of this or any other state) and includes a labor union as that term is defined in subsection (a).

 

J)         A voter registration campaign or other Get Out The Vote (GOTV) activity is not deemed to be "anything of value" or a "contribution", so long as the campaign or activity makes no mention of any clearly identified candidate, public question, political party, group or combination of these entities.

 

4)         Person or Whoever

 

A)        Reference:  This subsection (b)(4) interprets or applies Code Section 9-1.6.

 

B)        The terms "other organizations" and "groups of persons" as defined in Code Section 9-1.6 shall include, but not be limited to, all corporations, labor unions, trade associations or other such groups, religious organizations, fraternal societies, luncheon and dinner organizations, etc.

 

5)         Political Committee

 

A)        Reference:  This subsection (b)(5) interprets or applies Code Sections 9-1.8 and 9-1.9.

 

B)        A person or whoever, as defined in Code Section 9-1.6 and in subsection (b)(4) of this Section, does not qualify as a political committee pursuant to Article 9 of the Election Code by simply making a contribution from that person's personal income or profits, regardless of the amount of the donations. If an entity, other than a natural person, makes an independent expenditure or expenditures in aggregate within a 12 month period in excess of $3,000 supporting or opposing public officials or candidates, then the entity qualifies as a political committee.

 

C)        If a person solicits or receives funds for political purposes and meets the criteria of one of the committee types listed in subsection (b)(5)(D) during any 12-month period, that person would become a political committee and would have to comply with all provisions of Article 9. The provisions of this subsection (b)(5) shall not apply to those persons who accept contributions from at least 5 individuals as provided in Code Section 9-6.

 

D)        Political committees shall include candidate political committees, political party committees, political action committees, ballot initiative committees, independent expenditure committees and limited activity committees, as those terms are defined in Code Section 9-1.8. Candidates who form a new political party under Code Section 10-2 may collectively form a political party committee to support their candidacy or each candidate may individually form a candidate political committee. Groups of candidates may collectively form a political action committee to support their candidacies, or each candidate may individually form a candidate political committee. In no case may a candidate form both a candidate political committee and a political action committee to support the candidate's own candidacy. Candidates who exercise the option of forming a political action committee may not include the names of any of the candidates in the name of the political action committee. A political action committee must, however, include the name of the office that the candidates are seeking and the name of the political subdivision or unit of local government to which the office pertains. In all cases except political party committees, political committees are limited to those that accept contributions or make expenditures or independent expenditures in an aggregate amount exceeding $5,000 on behalf of or in opposition to candidates, or, in the case of a ballot initiative committee, in support of or opposition to questions of public policy.

 

i)          Political Party Committees referred to in Code Section 9‑1.8(c) include "legislative caucus committees" and are defined as caucuses that are established by either 5 or more members of the same caucus in the Senate or 10 or more members of the same caucus in the House of Representatives. These committees shall include any caucus declared by its membership to be a caucus. If the number of caucus members of a given caucus committee decreases below the designated threshold (5 Senate/10 House members), the caucus committee shall become a political action committee, as that term is defined in Code Section 9-1.8, and be subject to the contribution limits pertaining to political action committees established in Code Section 9-8.5(d), unless the caucus committee either fills the vacancy or dissolves within 5 business days after the date the vacancy occurred.

 

ii)         A committee formed by a ward or township committeeman of a political party shall be designated as a political party committee. Pursuant to Code Section 7-8(b), only ward committeemen in the City of Chicago and township committeemen in Cook County qualify for this designation. Nothing in this subsection (b)(5)(D)(ii) shall be construed to limit the ability of a ward or township committeeman to form a candidate political committee in support of their own candidacy.

 

iii)        For purposes of Code Section 9-1.9, a judicial candidate running for retention subsequent to their first retention candidacy following the candidate's election shall be subject to the election cycle established in Code Section 9‑1.9(3), except that the period shall begin on January 1 following the candidate's retention (as opposed to their election) and extending to the day the candidate files their next declaration to seek retention and the period beginning after that day and extending to December 31 following the candidate's retention election. This judicial retention election cycle is subject to the fundraising restrictions contained in Canon 7 of Rule 67 of the Rules of the Illinois Supreme Court (committees established to support judicial candidates may not solicit contributions more than 1 year preceding the election in which the candidate is seeking judicial office or retention, and no later than 90 days following the election).

 

iv)        Any corporation, labor organization or association that acts as a conduit in facilitating the delivery of dues, levies or similar assessments to a political action committee as provided in Code Section 9-8.5(i) shall not, solely as a result of this activity, be considered to be a political action committee within the meaning of the disclosure and regulation requirements of Article 9 of the Code.

 

v)         These election cycles apply regardless of whether the candidate only appears on either the consolidated primary ballot or the consolidated election ballot. For purposes of Code Section 9-1.9(4), the election cycle for a candidate political committee organized to support a candidate to be nominated or elected at a consolidated primary election or elected at a consolidated election, or municipal or runoff election in cities of 1,000,000 or more population occurring on the date of the regularly scheduled consolidated primary or consolidated election, shall run from:

 

•     the period beginning July 1 following the consolidated election for which the candidate seeks election and ending on the day of the next consolidated primary election for that office; or

 

•     the period beginning the day after the consolidated primary election for the office to which the candidate seeks nomination or election and through June 30 following the consolidated election held that year.

 

vi)        If a candidate political committee established for multiple offices elected at different elections changes its election cycle pursuant to Code Section 9-2(b), the committee shall be subject to the new election cycle established under Code Section 9-1.9 and to the contribution limits for the new election cycle contained in Code Section 9-8.5(b). Contributions received by the committee prior to the date of the establishment of the new election cycle will be counted towards the contribution limit for each contributor, with the following exception:  the contributions shall not be considered to have been received in excess of contribution limits if the limit was exceeded solely because of the establishment of the new election cycle. However, for the remainder of the new election cycle, the committee would be considered to have received the maximum allowable contribution from that contributor for that election cycle and would be prohibited from receiving any additional contributions from that contributor during the remainder of the new election cycle.

 

vii)       The election cycles for a limited activity committee are identical to those for the candidate political committee from which the limited activity committee was converted under Code Section 9-3.5, based on the office most recently sought by the candidate.

 

E)        If an entity forming a political action committee under Code Section 9-2(d) is not a clearly identifiable trust, partnership, committee, association, corporation or other organization, but rather a group of persons lacking any formal organizational structure, the name of the political committee shall include the name (first and last) of the person or persons responsible for its formation or its continuing operation. This Section shall not apply to established party candidates who collectively form a political action committee to support their candidacies pursuant to subsection (b)(5)(D).

 

F)         The name of a ballot initiative committee must include a brief description of the question or questions and whether the committee is organized to support or oppose the question or questions. The name shall not exceed 70 characters (based on U.S. Post Office restrictions applicable to mailing labels) and shall include keywords that would provide a reasonable person with a general understanding of the subject matter of the question or questions and whether the committee was formed to support or oppose the question or questions.

 

G)        A candidate political committee of a former officeholder or supporting a now deceased candidate or officeholder may, subject to the applicable contribution limits, maintain the committee as a candidate political committee, close the committee and dispose of any remaining funds as indicated on its D-1 Statement of Organization, or convert the committee to a political action committee by filing an amended D-1 Statement of Organization amending the committee type, as well as the name, purpose of the committee, and any other information that has changed.

 

H)        A political committee that converts to a new committee type as defined in Code Section 9-1.8 is limited in the amount of funds that it may retain under the new committee type designation to the contribution limits in Code Section 9-8.5. The applicable limit shall be determined by the amount of funds allowed to be contributed from the original committee type to the new committee type. If the committee has a fund balance that exceeds the normal contribution limit from the original committee type to the new committee type, it must first dispose of the excess funds before making the conversion. A candidate political committee changing the candidate it is supporting shall be considered to be transferring funds from one candidate political committee to another, and shall be limited in the amount of funds it may retain to the contribution limits between two candidate political committees. If the committee has a fund balance that exceeds that limit, it must first dispose of the excess funds before making the conversion. A candidate political committee that owes outstanding fines is prohibited from changing its committee type or the candidate supported by the committee until the fines are paid in full.

 

I)         A candidate or officer of a candidate political committee who notifies the Board of their intention to convert a candidate political committee to a limited activity committee under Code Section 9-3.5 must complete the transition within 60 days after their confirmation to an affected office, as required by Section 3A-50(b) of the Illinois Governmental Ethics Act [5 ILCS 420].

 

6)         Statement of Organization

 

A)        Reference:  This subsection (b)(6) interprets Code Section 9-3.

 

B)        A committee officer must, in filling out the Form D-1, use the name that appears on that officer's birth certificate, baptismal record, voter's registration card, statement of candidacy or nominating petition, or any other name by which the officer is commonly known in the community in which the officer resides. Aliases created for the purpose of filing under Article 9 of the Election Code may not be used.

 

C)        The prohibitions contained in Code Section 9-3(d)(iii) and (d‑5)(iii) against making contributions from a ballot initiative committee or an independent expenditure committee to a candidate or candidates for nomination for election, election or retention to public office shall not include refunds of contributions to the candidate so long as the refund does not exceed the amount the candidate originally contributed. Nothing in Code Section 9-3(d)(i) prohibits an independent expenditure committee from making expenditures on its own behalf for the customary and reasonable expenses of operating a political committee, provided that the expenditures are not made in connection, consultation or concert with, or at the request or suggestion of, any other political committee, public official or candidate, or the agent or agents of the committee, public official or candidate.

 

D)        For the purpose of this subsection (b)(6), the term "person" contained in the definition of "sponsoring entity" shall not include a political committee. The term "sponsoring entity" is defined in Section 100.170.

 

E)        A complaint for willfully filing a false or incomplete Statement of Organization shall be subject to the provisions of Code Sections 9‑20 and 9-21.

 

(Source:  Amended at 47 Ill. Reg. 5468, effective March 30, 2023)

 

Section 100.20  Official Forms

 

a)         Reference:  This Section interprets or applies Sections 9-10(a) and 9-15(1) of the Election Code.

 

b)         Political committees are required to use only the official forms or copies of official forms and appropriate schedules approved by the State Board of Elections when filing any disclosure reports, except as otherwise permitted under Section 100.80.  Alternative methods of reporting are prohibited unless prior written approval has been received by the political committee from the State Board of Elections.  Prior written approval will be given based on the compatibility of alternative methods with the Board's present system.

 

(Source:  Amended at 35 Ill. Reg. 2295, effective February 4, 2011)

 

Section 100.30  Forwarding of Documents (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 6982, effective April 21, 1992)

 

Section 100.40  Vacancies in Office − Custody of Records

 

Reference:  This Section interprets or applies Code Sections 9-3, 9-5, 9-7, 9-10, 9-13 and 9-15.

 

a)         Death

Upon the death of the treasurer of a committee, the candidate or, if the candidate is unable or unwilling to act, the remaining officers of the committee shall appoint a new treasurer and amend the Statement of Organization (Form D-1) within 10 days after the date of death of the treasurer. In the event there is no candidate or remaining officers of the committee, the person or persons who succeed to the interests of the committee in its funds shall be responsible for filing all appropriate reports until such time as new officers are chosen or the committee terminates.

 

b)         Removal from Office

In the case of a single candidate related committee whose officers were originally named by the candidate, the candidate shall have the right to remove any and all officers of his or her committee, provided the removal be done in writing and that the candidate comply with all requirements of the Act in the absence of officers for the candidate related committee.  If a candidate removes from office any or all officers of the committee, all records related to the committee shall be maintained by the candidate.  If former officers request, the candidate shall allow them access to records and provide reasonable opportunity to make copies.

 

c)         Resignation

If the treasurer and all other officers resign and no new officers are appointed, the former treasurer and officers or, in the case of candidate related committees, the candidate shall be responsible for terminating the committee.  When an individual vacates the position of treasurer, he or she shall verify the accuracy of his or her records to the succeeding treasurer. The succeeding treasurer shall not be held responsible for the veracity or accuracy of the records of the predecessors.

 

d)         Inability to Sign

All reports 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.  However, should it be impossible for the political committee to obtain the signature of the treasurer or candidate prior to the filing deadline, then another may sign for the treasurer, provided that the treasurer submits a letter within 30 days after the filing indicating that the substituted signature is authorized and the treasurer accepts responsibility as if he or she had signed.  The substituted signature shall read, "treasurer's name, by name of person signing".  If the treasurer failed to submit a letter within 30 days, then the report filed shall be considered a nonfiling.

 

e)         All reports, original reports, and other campaign documents required to be kept by a political committee under Article 9 of the Election Code remain the property of the political committee.  No chairman, treasurer or candidate shall have any proprietary or possessory interest in the documents in derogation of the rights of the committee itself.

 

f)         If any political committee changes any officers, all records, statements and reports in the possession of the outgoing officers shall be transferred within 10 days following the change to the person or persons newly responsible for the maintenance of those records and/or the filing of reports.

 

g)         If any outgoing officer fails to turn over the records in his or her care to a successor, in accord with this Section, or if any officer attempts to withhold records from other officers of the committee, the committee chairman, the treasurer, or the candidate may file a complaint before the Board requesting a turnover order.

 

h)         A committee that fails to preserve the records and accounts required by Code Section 9-7 or by this Part for the periods required by statute or rule may be required to reconstruct its records and accounts if doing so is necessary to the audit of its records.  If a committee is required to reconstruct its records, it must pay all of the costs and charges, including bank or accountants fees, for the reconstruction of the records.

 

(Source:  Amended at 39 Ill. Reg. 8060, effective May 19, 2015)

 

Section 100.50  Multiple Filings by State and Local Committees (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 2295, effective February 4, 2011)

 

Section 100.60  Filing Option for a Federal Political Committee

 

a)         Reference:  This Section interprets or applies Code Section 9-15.

 

b)         Any "person" or "whoever", as defined by Code Section 9-1.6, qualifying as a political committee under Article 9 of the Election Code and filing Federal Election Commission reports may choose to comply with the provisions of Article 9 by so indicating on a Statement of Organization (Form D-1) filed with the State Board of Elections.

 

c)         A political committee may choose to file reports pursuant to this Section, either by amendment or for the first time, by stating on Part 6 of the Statement of Organization (Form D-1) the following: "Campaign financing reports will be filed pursuant to Section 100.60, Campaign Financing Regulations, State Board of Elections."

 

d)         Pursuant to the state filing waiver program (52 U.S.C. 30113), a federal political committee also qualifying as a political committee under Article 9 shall not file a copy of all Federal Election Commission reports with the State Board of Elections.

 

e)         A political committee filing reports pursuant to this Section that makes an independent expenditure of $1,000 or more supporting or opposing a candidate for State or local office in Illinois must notify the State Board of Elections, in writing, within 5 business days after making the independent expenditure, except that, if the independent expenditure is made in the 60 day period before an election, the notification must be filed within 2 business days. The notification shall contain the information required in Code Section 9-11(c).

 

f)         This Section shall not authorize any person to receive or expend in Illinois an anonymous contribution on behalf of or in opposition to a candidate covered by Article 9 or in support of or in opposition to a question of public policy.

 

(Source:  Amended at 47 Ill. Reg. 5468, effective March 30, 2023)

 

Section 100.70  Reports of Contributions and Expenditures

 

a)         Reference:  This Section interprets or applies Code Sections 9-6, 9-10 and 9-11.

 

b)         All contributions, as that term is defined in Code Section 9-1.4, of $1,000 or more, including loans and in-kind contributions, must be reported to the State Board of Elections on a Schedule A-1 within 5 business days after receipt, except that, if the contribution is received within 30 days prior to an election, the contribution must be reported on a Schedule A-1 within 2 business days after receipt. The requirement to file a Schedule A-1 Report within 2 business days shall only apply to committees organized to support or oppose candidates, public officials or a public question that is on the ballot at that election, committees that spend an aggregate amount in excess of $500 on a public official or officials, candidate or candidates, or a question or questions of public policy that is on the ballot at that election, or committees organized to support or oppose a candidates who has filed a declaration of intent to be a write-in candidate at that election. The requirement to file a Schedule A-1 shall not apply to a committee that receives and returns the contribution in question prior to the filing deadline of the quarterly report in which the contribution is required to be disclosed. The receipt of the contribution and the expenditure showing its return to the contributor must be included on the committee’s quarterly report.

 

c)         An expenditure to a payee who is in whole or in part only a conduit for payment to another, such as a political consultant, credit card issuer or Paypal, must include by way of detail or separate entry the amount of funds passing to each vendor, business entity or person receiving funds from the payment, together with the reason for each disbursement and the beneficiary of the disbursement. This provision shall not apply to a political consulting firm or political consultant, campaign worker, volunteer or political operative, etc., if the amount paid to that entity is less than $3,000 in aggregate during the quarterly reporting period. Nothing in this Section shall be construed to impose a reporting obligation on any person not otherwise required to report under Article 9 of the Election Code or to require the itemization of expenditures not otherwise required to be itemized under Article 9.

 

d)         Quarterly and A-1 Reports

 

1)         Every active political committee must file quarterly reports, as required by Code Section 9-10(b).

 

2)         Every active political committee must file Schedule A-1 reports, as required by Code Section 9-10(c) when a contribution of $1,000 or more from a single source is received, unless the contribution is received and returned prior to the filing deadline of the quarterly report in which the contribution is required to be disclosed.

 

A)        The reports must be filed within 2 business days after receipt if the contribution is received within 30 days prior to an election and:

 

i)          The political committee is, by the terms of its Form D-1 Statement of Organization, organized to support or oppose a candidate or a public question on the ballot at the next election; or

 

ii)         The political committee makes expenditures in excess of $500, including expenditures for in-kind contributions and electioneering communications, or for independent expenditures, made on behalf of or in opposition to any candidate or public question on the ballot at the next election and those expenditures are made within the same election cycle as the election in question.

 

B)        All other A-1 reports must be filed within 5 business days after receipt.

 

C)        A political committee that meets the definition of a political committee in Code Section 9-1.8 but that has not yet filed a Statement of Organization is subject to the reporting requirements in Code Section 9-10(c) for contributions of $1,000 or more. In these cases, while it is recommended the committee first file a Statement of Organization, the Board will allow the committee to submit Schedule A-1 filings prior to the filing of a Statement of Organization.

 

e)         A committee that, having determined that it will not participate in an election, subsequently makes an expenditure or an independent expenditure in excess of $500 or expends or has expended an aggregate amount in excess of $500 on behalf of or in opposition to a candidate or candidates or on behalf of a question or questions of public policy that will appear on the ballot at the next election shall, beginning with the date of that expenditure, report contributions of $1,000 or more received, as defined in Code Section 9-10(d), within 30 days prior to the election, within 2 business days after receipt by that person.

 

f)         The authorization of persons to collect contributions on behalf of a political committee (see Code Section 9-6(a)) shall be in writing; shall state that the person is empowered to accept contributions on behalf of the committee; and shall include the signature of the officer or candidate granting the authorization. The authorization shall be provided to the person prior to acceptance of any contributions on behalf of the committee.

 

g)         Pursuant to Code Section 9-11(f), a political committee is required to provide a description of the amended information on each amended quarterly report. The description must be sufficiently specific to alert a reasonable person as to what has been amended, but does not have to individually address each item that has been amended, added or deleted.

 

h)         When determining the timeliness of any report, a filing received after 11:59:59 pm on the last actual business day of its required filing period shall be considered late. "Business day" means any day in which the office of the State Board of Elections is open to the public for a minimum of 7 hours, with the exception of State holidays as defined by Code Section 1-6.

 

(Source:  Amended at 47 Ill. Reg. 5468, effective March 30, 2023)

 

Section 100.75  Limitation on Campaign Contributions

 

Political committees are limited in the amount of contributions that they can accept. Appendix A, Table A lists the 6 types of political committees (candidate, political party, political action, ballot initiative, independent expenditure, and limited activity committees) and the specific contribution limitations applicable to each. Appendix A, Table B lists the election cycles for candidate political committees (subdivided according to the office sought), political party committees, political action committees, ballot initiative committees, independent expenditure committees, and limited activity committees.

 

a)         A candidate political committee formed by a candidate who seeks nomination at a general primary election or a consolidated primary election is subject to limitations as to what amount it may receive in contributions from a political party committee during a primary election cycle. For this purpose, the primary election cycle begins with the day the candidate may begin circulating petitions and ends on the day of the primary election.

 

b)         Political committees on file with the FEC that file pursuant to Section 100.60 may not make contributions to other political committees that are on file with the State Board of Elections exceeding the limits set forth in Code Section 9-8.5, except as provided in Code Section 9-8.5(c).

 

c)         For political committees referred to in Code Section 9-1.8 (candidate, political party, political action, and limited activity), any contribution or transfer received in violation of Code Section 9-8.5 shall be disposed of within 30 days after being sent notice from the Board by:

 

1)         Returning the amount of the contribution or transfer that exceeds the contribution limit, or an amount equal to that amount, to the contributor or transferor; or

 

2)         Donating the amount of the contribution or transfer that exceeds the contribution limit, or an amount equal to that amount, to a charitable organization.

 

d)         If a political committee is determined to have received a contribution or transfer in violation of Code Section 9-8.5, the Board will send, by first class mail, a notice to the committee and its officers of the apparent violation. The notice shall identify the contributions at issue, along with the committee's options under Code Section 9-8.5(j) and subsection (c) of this Section for disposing of the contributions (returning the amount to the contributor or donating the amount to a charity), and informing the committee that whatever disposal action it takes must be completed within 30 days after the date on the notice.

 

e)         If a political committee fails to dispose of the contribution or transfer as provided in subsection (c):

 

1)         The amount of the contribution or transfer that exceeds the contribution limit shall escheat to the State's General Revenue Fund within 30 days after the expiration of the 30 day period provided in subsection (c); and

 

2)         The political committee shall be deemed to be in violation of this Section and be subject to a civil penalty not to exceed 150% of the amount of the contribution that exceeds the contribution limit.

 

f)         When considering the amount of the civil penalty to be imposed, the Board will consider all relevant factors, including, but not limited to, the following:

 

1)         Whether in the Board's opinion the violation was committed inadvertently, negligently, knowingly or intentionally;

 

2)         Whether any attempt was made by the committee to return the contribution or transfer; and

 

3)         Past violations of Code Section 9-8.5. Past violations of any committee composed of one or more of the same officers, or for the same purpose or for the support of the candidacy of the same person, irrespective of office, as the committee currently being assessed a civil penalty shall be considered relevant factors when considering the amount of the civil penalty to be imposed.

 

g)         When a contribution is determined to have been received by a political committee in violation of Code Section 9-8.5(a) through (d) and it is further determined that the committee has not taken the remedial action required by Code Section 9-8.5(j) and subsection (c) of this Section, the Board will send, by first class mail, notice of violation to the chair and the treasurer of each political committee, and by certified mail to the address of the committee, together with an order assessing a civil penalty calculated in accord with this subsection (g). The notice of violation shall state that the Board has assessed a civil penalty that will be final unless the committee shows cause as to why the penalty should not be assessed. The provisions of 26 Ill. Adm. Code 125.425 relating to procedures to appeal civil penalty assessments shall apply to penalties assessed under this Section.

 

h)         For purposes of adjusting the amounts of contribution limitations under Code Section 9-8.5(g), the Board will base the adjustments on the Consumer Price Index for All Urban Consumers – US City Average (Not Seasonally Adjusted), as provided by the U.S. Department of Labor. Adjustments shall be calculated:

 

1)         On January 1, or the first business day following January 1, of each odd-numbered year, whichever comes first;

 

2)         As a percent change, rounded to the nearest tenth, in the index point level of the 24 month period immediately preceding the most current month for which data is available. The change will then be applied to the existing contribution limits as of December 31 of the year immediately preceding the adjustment and rounded to the nearest $100.

 

i)          For purposes of Code Section 9-8.5(b), an election cycle ending on the date of the consolidated primary election shall end on that date even if no consolidated primary election is held in that jurisdiction. The election cycle for the consolidated election shall begin on the day after the date of the consolidated primary election, even if no consolidated primary election is held in that jurisdiction. The election cycle for the consolidated election shall begin on the day after the date of the consolidated primary election and end on June 30 of that year even if the candidate was only on the ballot at the consolidated primary election and not on the ballot at the consolidated election.

 

j)          For purposes of Code Section 9-8.5(b-5):

 

1)         A candidate political committee established to support a candidate seeking nomination to the Supreme Court, Appellate Court, or Circuit Court may accept contributions from a corporation, labor organization, association or a political action committee established by a corporation, labor organization, or association that reports its contributions pursuant to Code Section 9-8.5(i).

 

2)         "Employee" of a political committee established to support a candidate seeking nomination to the Supreme Court, Appellate Court, or Circuit Court includes any person acting as an agent of the committee, whether in a compensated or volunteer position.

 

k)         For purposes of Code Section 9-8.5(h):

 

1)         Contributions or loans from a public official or a candidate, or a public official's or candidate's immediate family, to the public official's or candidate's political committee shall not be subject to the contribution limits found in Code Section 9-8.5, except as provided in Code Sections 9-8.5(b-5) and 9-8.5(e-10).

 

2)         "Candidate for the same office" shall be determined by candidate petition filings. Prior to the actual filing of petitions for a particular office, a candidate for that office wishing to receive official notice of a Notification of Self-funding from the Board must, during the same election cycle in which the Notification of Self-funding is effective, inform or have already informed the Board in writing of the candidate's intention to seek nomination or election to the office in question.

 

3)         The 12 month period specified in Code Section 9-8.5(h) for a candidate seeking nomination or election at a general primary election or consolidated primary election begins 12 months prior to the date of the primary election and ends the date of the primary election. Thereafter, for nominated candidates who have not previously filed a Notification of Self-funding, calculation of the self-funding threshold begins the date after the general primary election or consolidated primary election, whichever is applicable, and ends the date of the general or consolidated election. The 12 month period specified in Code Section 9-8.5(h) for candidates not seeking nomination or election at a primary election begins 12 months prior to the general or consolidated election, whichever is applicable, and ends the day of the election.

 

l)          For purposes of Code Section 9-8.5:

 

1)         Candidates running together for the offices of Governor and Lieutenant Governor shall be considered to be candidates for the same office, so that the removal of the contribution limits for candidates for one office shall also be applied to candidates for the other office. An expenditure made by a candidate on behalf of his or her own candidacy for one office shall not be deemed an in-kind contribution to that candidate’s running mate, regardless of whether the expenditure is for the benefit of both candidates.

 

2)         In an election in which there are no more than two candidates on the ballot for a particular office, any combination of independent expenditures made by a natural person or persons, independent expenditure committee or committees, or combination thereof, either supporting or opposing any candidate in the election for that office shall be considered in aggregate towards the calculation of whether the threshold allowing candidates to accept contributions in excess of the limits imposed by Code Section 9‑8.5(b) has been reached.

 

3)         In an election in which there are more than two candidates on the ballot for a particular office, the calculation of whether the threshold allowing candidates to accept contributions in excess of the limits imposed by Code Section 9-8.5(b) has been reached shall only include independent expenditures made to support a single candidate or to oppose a single candidate, not a combination of independent expenditures made in support of or opposition to more than one candidate in the race.

 

m)        For purposes of reporting of contributions, a contribution made via a check or other similar written instrument with more than one individual's name imprinted on it, but containing only one signature, shall be reported as coming solely from the signer, unless the instrument is accompanied by a written statement, signed by each individual making the contribution, declaring that the contribution was meant to be given by each of the undersigned individuals and declaring the amount of the contribution to be attributed to each of the individuals.

 

n)         For purposes of determining contribution limits under Code Section 9-8.5, the term "corporation, labor union or association" shall include any "business entity" organized as either for profit or not for profit, and shall include, but not be limited to, a partnership, sole proprietorship, limited liability company or limited liability partnership.

 

(Source:  Amended at 47 Ill. Reg. 5468, effective March 30, 2023)

 

Section 100.80  Report Forms

 

a)         Reference:  This Section interprets or applies Sections 9-10 and 9-11 of the Election Code.

 

b)         All reports submitted by political committees pursuant to Article 9 of the Election Code shall either be typed or printed legibly in black ink.

 

c)         Computer sheets filed in lieu of forms or schedules shall not exceed 8˝" x 11". 

 

(Source:  Amended at 42 Ill. Reg. 4977, effective February 28, 2018)

 

Section 100.85  Independent Expenditures

 

a)         When determining whether a natural person making an independent expenditure or expenditures has exceeded the $3,000 threshold triggering the requirement to file a written disclosure with the Board, the phrase "a public official or candidate" shall also include a slate of candidates. An independent expenditure made by a natural person shall be reported if the expenditure exceeds $3,000, regardless of how many public officials or candidates are supported or opposed by the expenditure. The report shall list the total amount expended and the names of all the public officials and candidates covered by the expenditure.  The natural person shall not prorate the amount of the expenditure based on the number of covered public officials or candidates. 

 

b)         An independent expenditure or independent expenditures in excess of $3,000 made by an entity supporting or opposing a public official or candidate shall cause that entity to establish as a political committee regardless of how many public officials or candidates are supported or opposed by the expenditure.  The entity shall not prorate the amount of the expenditure based on the number of covered public officials or candidates when determining whether it has to organize as a political committee. 

 

c)         After the filing of the initial written disclosure, a natural person has a continuing obligation to report, within 2 business days, any independent expediture made prior to the election in support of or in opposition to the public official or candidate, in $1,000 increments, on an additional written disclosure.

 

d)         The written disclosure must include:

 

1)         If a natural person, the name, address, occupation and each employer of the natural person.

 

2)         The name and address of the public official, candidate, or each candidate listed on the slate of candidates.

 

3)         The date and amount of each independent expenditure.

 

4)         The nature/description of each independent expenditure.

 

(Source:  Amended at 39 Ill. Reg. 8060, effective May 19, 2015)

 

Section 100.90  Provision Circumvention

 

a)         Reference:  This Section interprets or applies Section 9-26 of the Election Code.

 

b)         The State Board of Elections will view any attempt to circumvent the clear intentions of the Act by means of subterfuge as violations of Article 9 of the Election Code.

 

(Source:  Amended at 35 Ill. Reg. 2295, effective February 4, 2011)

 

Section 100.100  Proof of Identification; Application for Inspection and Copying (Repealed)

 

(Source:  Repealed at 24 Ill. Reg. 14214, effective September 11, 2000)

 

Section 100.105  Administrative Termination of Political Committee

 

a)         The Board's Division of Campaign Disclosure will administratively terminate a political committee if the Division is unable to locate the committee for a period of 12 months, or the committee has not filed any reports with the Board for a period of 12 months. Prior to the administrative termination, the Division must mail the committee a notice of administrative termination by first class mail, and more than 30 days must elapse from the date of mailing with no response from the committee. A committee that submits a written objection to the Board within 30 days shall not be administratively terminated, as long as it files any outstanding quarterly reports within 35 days after submitting its written objection.

 

b)         A committee that is administratively terminated may be reopened by providing written notice to the Board of its intention to be reinstated as an active committee and subsequently filing any outstanding quarterly reports and paying any outstanding civil penalty assessments owed within 45 days after submitting its written notice.

 

c)         A committee that seeks to be reinstated as an active committee but does not meet the requirements of subsection (b), or contends it was administratively terminated in error, may request a status hearing before the Board. Following the status hearing, the Board may reinstate the committee to active status if the Board is satisfied that the committee has presented a reasonable plan to file any outstanding quarterly reports and pay any outstanding civil penalty assessments owed by the committee within six months after submitting its written notice to be reinstated.

 

(Source:  Added at 47 Ill. Reg. 5468, effective March 30, 2023)

 

Section 100.110  Responsibility for Committee Debts or Penalties

 

a)         If a political committee lends or donates funds to a second political committee while the lending or donating committee owes the State Board of Elections a civil penalty assessed under the provisions of Code Section 9-10, 9-23 or 9-26, the officers of the lending committee shall be jointly and severally personally liable to the extent allowed by law for payment of the civil penalty to the extent of the funds loaned or given.

 

b)         If a political committee goes out of existence while it owes the State Board of Elections a civil penalty assessed under Code Section 9-10, 9-23 or 9-26 or if the committee is later assessed a civil penalty under Code Section 9-10, 9-23, or 9-26, any political committee formed within 24 months from the date of the final order imposing a civil penalty assessment on the first committee and composed of one or more of the same officers, or for the same purpose or for the support of the candidacy of the same person, irrespective of office, as the first committee, shall be deemed a successor committee and shall be responsible for payment of the civil penalty of the first committee.

 

c)         If a candidate political committee closes or goes out of existence and the committee has been or is later assessed a civil penalty under Code Section 9-10, 9-23 or 9-26, any candidate political committee formed by the same candidate, regardless of office sought, that was in existence at the time of the violation shall be responsible for payment of the civil penalty of the closed committee.

 

d)         A political committee that seeks to go out of existence while it is owed money by another political committee must first forgive the debt of the debtor political committee and must amend its reports to show the forgiven debt as a contribution to the debtor committee.

 

e)         If a political committee seeks to go out of existence after a civil penalty has been imposed upon it pursuant to the Election Code and the rules promulgated under the Election Code, or if a civil penalty has been assessed by Board staff and the process of going out of existence is begun or about to begin, the political committee must first pay the civil penalty or, if it lacks sufficient funds to pay the civil penalty in full, pay to the State Board of Elections such sums as it has in its treasury in satisfaction of the civil penalty. Only upon payment of the civil penalty, either in full or in part, shall the committee be permitted to exit the reporting system established by Article 9 of the Illinois Election Code.

 

(Source:  Amended at 47 Ill. Reg. 5468, effective March 30, 2023)

 

Section 100.120  Receipt of Campaign Contributions

 

a)         Every person or political committee that contributes goods or services to a committee shall provide to the treasurer of the political committee, within 5 business days after making the contribution, a detailed account of the contribution, including the name and address of the person or political committee making the contribution;  a description and the market value of the goods or services; and the date on which the contribution was made.  The ascertainable market value of goods and services assigned by the contributor or, if the contributor fails to provide the information to the recipient committee, by the recipient committee, shall be prima facie correct unless rebutted by clear and convincing evidence.

 

b)         An entity defined by Code Section 9-1.6 or a political committee as defined by Code Section 9-1.8 shall acknowledge, to the donor, receipt of any notice it receives under subsection (a).  No committee shall retain an in-kind contribution it has knowingly received unless it also receives the information from the contributor required by subsection (a) unless return of the contribution is impossible.  If the contributor does not comply with subsection (a) and if the in-kind contribution cannot be returned, the beneficiary political committee shall nonetheless have the responsibility to report the in-kind contributions or expenditures from the contributor if it actually knows or reasonably should have known from the facts available to it that an in-kind contribution had been made in its behalf.

 

c)         A monetary contribution is any contribution other than a gift of goods or services.  The receipt date of the contribution is determined as follows: 

 

1)         A monetary contribution to a political committee is deemed to have been received on the date the contribution was deposited in a bank, financial institution or other repository of funds for the committee.

 

2)         If not deposited into a bank, financial institution or other repository of funds, a monetary contribution is deemed to have been received as follows:

 

A)        A cash contribution that is not deposited into a bank, financial institution or other repository of funds is deemed to be received on the date that the cash is given to any employee or agent of the committee.

 

B)        A contribution in the form of a business check, personal check, money order, or cashier's check that is not deposited into a bank, financial institution, or other repository of funds is deemed to be received on the date the check is cashed and the cash becomes available to the committee. A contribution by credit card or other implement used for processing a monetary contribution that was deposited in a bank, financial institution or other repository of funds for the committee is deemed to be received on the date the committee received notice of the deposit. 

 

d)         A contribution of goods or services (in-kind contributions) possession of which is not actually obtained by the recipient committee is deemed received on the date the public official, candidate political or political committee received the notification of contribution of goods or services as required under Code Section 9-6(b) and subsection (a) of this Section. If no notification has been received, the in-kind contribution is deemed received on the date the candidate, chairman or treasurer of the recipient committee, or the public official, obtains knowledge of the in-kind contribution, including its value.  A contribution of goods actually received by the committee is deemed to be made on the date the goods are transferred to the possession of the recipient.  A contribution of services is deemed to be made on the date the services are actually performed.

 

e)         When reporting receipt of a contribution of goods or services, the recipient committee shall, in addition to reporting the deemed date of receipt as defined by subsection (d), include by way of description the date on which the contribution was made, as reported to the committee pursuant to subsection (a).

 

(Source:  Amended at 42 Ill. Reg. 4977, effective February 28, 2018)

 

Section 100.125  Receipt of Quarterly Reports of Campaign Contributions and Expenditures

 

a)         Quarterly reports of campaign contributions and expenditures must be received by the Board within the filing periods set forth in Code Section 9-10. Subject to subsections (b) and (c) of this Section, if the reports are filed by mail and received by the Board after the filing deadline, they shall be considered delinquent and subject to penalties as provided in Code Section 9-10 and 26 Ill. Adm. Code 125.425. However, pursuant to Code Section 9-10(b), if the envelope containing the reports bears a postmark showing that the envelope was mailed no later than 3 days prior to the due date, the reports shall be considered timely filed, regardless of when received in the office of the State Board of Elections. Reports filed via e-mail or facsimile transmission shall be considered timely if received no later than 11:59 pm on the date of the filing deadline, unless the committee is required to file electronically under Code Section 9-28.

 

b)         If the envelope containing the quarterly report is not received by the Board, the envelope is received but does not have a postmark printed by the United States Postal Service, or if the postmark is illegible, the report will either be deemed to have not been received or be deemed to have been received on the date the envelope officially arrives in the office of the State Board of Elections. However, if the political committee is assessed a civil penalty for failing to file or delinquently filing the report and, as part of the committee's appeal of the civil penalty assessment, it is alleged by the treasurer, chair or candidate on a signed and notarized affidavit verifying that the report was mailed no later than 3 days prior to the filing deadline, and this is the first time the committee has made this claim as part of its appeal, the presumptive date of receipt will be rebutted by the testimony contained in the affidavit and the report will be deemed to have been timely received.

 

c)         When the committee raises the defense described in subsection (b) as part of its appeal for any subsequent civil penalty assessments, the appeal affidavit shall be accompanied by a certificate issued by the U.S. Postal Service showing the date on which the envelope was deposited with the U.S. Postal Service. The Board will not consider this defense as valid in the absence of the certificate.

 

(Source:  Amended at 47 Ill. Reg. 5468, effective March 30, 2023)

 

Section 100.130  Reporting by Certain Nonprofit  Organizations (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 2295, effective February 4, 2011)

 

Section 100.140  Prohibited Contributions – State Property

 

a)         Upon receipt of a notice of violation of Section 5-35 of the State Officials and Employees Ethics Act [5 ILCS 430/5-35], the State Board of Elections may assess a penalty not to exceed 100% of the value of the contribution giving rise to the violation.  In determining whether to assess a penalty and the amount of a penalty, the Board will consider any mitigating or aggravating factors contained in the notice, including but not limited to the number of past violations of Article 9 of the Election Code, the amount of the contribution and whether, in the Board's view, the violation was unintentional or willful.

 

b)         Persons against whom a penalty has been assessed by the Board may appeal the penalty.  The provisions of 26 Ill. Adm. Code 125.425 governing the appeal procedures for violations of Article 9 shall apply to appeals of penalties assessed under this Section.

 

(Source:  Amended at 35 Ill. Reg. 2295, effective February 4, 2011)

 

Section 100.150  Electronic Filing of Reports

 

a)         The State Board of Elections will make electronic filing available to committees required to report electronically under Code Section 9-28 using a platform provided by the Board. Mandatory electronic filers may not send reports via U.S. mail, e-mail, or facsimile transmission in lieu of using the Board’s platform under Code Section 9-28 except as provided in subsection (c).

 

b)         Once a committee exceeds the threshold that requires it to report electronically, it must continue to report electronically until it dissolves, whether or not its accumulation, receipts or expenditures fall beneath the levels set by statute for mandatory electronic filing.

 

c)         Once a committee is required to file its reports electronically under Code Section 9-28, it must continue to file all reports electronically, except as follows:

 

1)         A paper report shall be considered a timely filing if it is received by the Board on or before the filing deadline, provided that it covers the initial reporting period during which the mandatory electronic filing threshold is exceeded and that the report is filed electronically within 30 days after receipt of notice from the Board that this report was required to have been filed electronically. If the report is not filed electronically within this 30 day period, it shall be considered as never having been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425 will accrue from the date of the filing deadline.

 

2)         A paper report shall be considered a non-filing if the committee has previously received the notification referred to in subsection (c)(1). If the report is not filed electronically by the filing deadline, it shall be considered as having never been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425 will accrue until such time as it is filed electronically.

 

3)         A paper report shall be considered a timely filing if at least one previous report was required to have been filed electronically and the committee had never been notified by the Board that it was required to electronically file its reports, provided that the report is filed electronically within 30 days after the notification referred to in subsection (c)(1). If the report is not filed electronically within this 30 day period, it shall be considered as never having been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425 will accrue from the date of the filing deadline.

 

4)         A paper report shall be considered a timely filing if it is received on or before the filing deadline, or if it is postmarked no later than 3 days before the filing deadline, and the committee has never exceeded the $10,000 threshold requiring the electronic filing of its reports, regardless of whether the committee filed previous reports electronically.

 

5)         If a committee is assessed a civil penalty for delinquently filing a report electronically and, in the course of its appeal, raises the defense that computer related issues prohibited the timely filing of an electronic report, the Board may consider the following when determining the final outcome of the appeal:

 

A)        Whether the committee has raised any electronic filing issue as a defense in a prior appeal. An electronic filing defense may be taken into consideration only once during the lifetime of a committee, barring extenuating circumstances.

 

B)        The length of time the committee has been filing electronically, regardless of whether the committee officers or the persons actually filing the reports have changed.

 

C)        Whether the committee had established an electronic filing account (user name and password) prior to 4:30 pm on the filing deadline date. Failure to contact the Board to establish or verify this information during normal business hours shall not constitute a valid electronic filing defense. Misplacing, forgetting or simply not knowing a user name or password shall not constitute a valid electronic filing defense.

 

D)        If a committee misses a filing deadline due to an electronic filing issue that was known or should have been known at the time of an attempted filing, it must contact, and discuss the issue with, Board staff. The contact must be initiated within three business days after the deadline to qualify for an electronic filing defense, unless the Board determines that the committee was reasonably unaware of the electronic filing issue until a later date, in which case, the committee must have initiated contact with the Board within three business days after discovering the report was not successfully filed. The contact must be confirmed in writing by Board staff. Following this contact, the committee must make a reasonable attempt to resolve the issue and file the report as quickly as possible.

 

6)         The electronic filing requirement established in this Section shall not apply to Reports of Independent Expenditures required to be filed by natural persons pursuant to Code Section 9-8.6, as those persons are not necessarily political committees.

 

(Source:  Amended at 47 Ill. Reg. 5468, effective March 30, 2023)

 

Section 100.160  Good Faith

 

a)         For purposes of this Section, "contributor" includes the terms "lender" and "endorser".  A committee acts in good faith under Section  9-11 of the Election Code  if:

 

1)         its written solicitation for funds includes a clear written request for the name of the contributor's employer and the occupation of the contributor;

 

2)         in the event it receives a contribution lacking the name of the contributor's employer and the occupation of the contributor in circumstances in which the information is required, it makes at least one effort to obtain the missing information; and

 

3)         in the event its request for information is unanswered, the committee includes in its report the best and most current information it may have from whatever source, including its own records and earlier reports, about the name of the contributor's employer and the occupation of the contributor.

 

b)         The request shall  appear in a clear and conspicuous manner on any response material contained in the solicitation.

 

c)         An effort to obtain missing information must be in writing, or be made orally and documented by writing, and must be made on or before the close of the reporting period in which the contribution or loan was received. The request must clearly ask for the missing information and must contain no other language except thanks to the contributor or lender for the contribution or loan. If the request is in writing, it must be accompanied by a pre-addressed return postcard or envelope.

 

d)         If the name of the employer of a contributor that is required to be reported under Article 9 of the Election Code is unknown at the time the contribution must be reported and a good faith effort has been made to secure that information, the contribution may be reported without the information. However, if the omitted information subsequently becomes known to the committee, the report that omits the information must be amended to add the information.

 

e)         For the purpose of this Section, "employer" includes all natural and non-natural persons, including but not limited to corporations, partnerships and unincorporated associations.

 

(Source:  Amended at 35 Ill. Reg. 2295, effective February 4, 2011)

 

Section 100.170  Sponsoring Entity

 

a)         A sponsoring entity is a person that contributes not less than 33% of the total funding of any political committee at any time during a quarterly reporting period following the 30^th day after the committee has filed its statement of organization.

 

b)         Person includes natural persons, corporations, partnerships and unincorporated associations.

 

c)         Total funding means the sum of the funds available at the beginning of the reporting period and the total receipts for the quarterly reporting period.

 

d)         Total receipts means any contributions as defined in Section 9-1.4 of the Election Code that are received by the committee.

 

e)         Each  political committee shall disclose the name and address of any sponsoring entity on the committee's Statement of Organization.

 

f)         If, at any time during a quarterly reporting period, a committee that has not previously identified a sponsoring entity receives 33% of its total funding during that quarterly reporting period from a single person, the committee must amend its Statement of Organization to identify the sponsoring entity.

 

g)         The name of the sponsoring entity shall be the full name of the person and not an acronym.

 

h)         A committee is required to identify its sponsoring entity so long as it receives not less than 33% of its total funding from a single person.  A committee may amend its Statement of Organization to delete the sponsoring entity from its Statement of Organization if, for 4 consecutive quarterly reporting periods, it fails to receive not less than 33% of its total funding from a single person.

 

i)          If, at any time during a quarterly reporting period, a committee that has identified a sponsoring entity receives not less than 33% of its total funding from a different single person than the person identified as its sponsoring entity, it shall amend its Statement of Organization to include  the name and street address of the new sponsoring entity.

 

j)          If a committee receives support from 2 or more persons, each one of which would independently of the other meet the definition of a sponsoring entity,  the committee's Statement of Organization shall include all those persons.

 

(Source:  Amended at 35 Ill. Reg. 2295, effective February 4, 2011)

 

Section 100.175  Audit Findings for Political Committees

 

a)         The Board may order a political committee to conduct an audit of its financial records based upon criteria outlined in Code Section 9-13(b). These criteria are limited to a situation in which:

 

1)         there is a discrepancy between the committee's ending and beginning balances contained in 2 or more successive reports;

 

2)         there is a failure to account for a previous investment or loan in a subsequent report or reports; and

 

3)         there is a willful pattern of nonreconciliation of contributions received from or expenditures made from one political committee to another political committee, such that the reported amounts of the one committee do not correspond with the reported amounts of the other committee.

 

b)         Conditions Precedent to Requirement for an Audit Pursuant to Code Section 9‑13(b)

 

1)         Prior to ordering an audit pursuant to subsection (a), the Board will send to the committee address, the committee chairman, the committee treasurer, and any candidate designated on the Form D-1 Statement of Organization as being supported by the committee a notice in the form of a pre-audit letter stating that the Board intends to order the committee to conduct an audit based upon reasons outlined in the letter.

 

2)         Prior to conducting an audit pursuant to subsection (a), the committee will be afforded an opportunity for a closed preliminary hearing to give reasons why the committee should not be ordered to conduct an audit, and the committee will be given an opportunity to correct the deficiencies or omissions that gave rise to the issuance of the pre-audit letter.  At the conclusion of the closed preliminary hearing, a recommendation will be issued stating whether grounds exist to order the audit.

 

3)         If, after the closed preliminary hearing, the Board determines that there are insufficient grounds upon which to order an audit, no further action will be taken.

 

4)         If, after the closed preliminary hearing, the Board determines that there are sufficient grounds upon which to order an audit, the committee will be ordered to conduct an audit as provided in Code Section 9-13.

 

5)         The procedures contained in 26 Ill. Adm. Code 125, Subparts A and B shall apply to the closed preliminary hearing to the extent that they are not inconsistent with the provisions of Code Section 9-13.

 

c)         Selection of Committees for Random Audit

 

1)         In each calendar year, the Board shall randomly select no more than 3% of the registered political committees to conduct an audit. No later than March 31 of the year of the selection, the Board will decide, based on staff recommendations, what percentage of political committees will be selected for audits in the year of the selection. The selection:

 

A)        shall be made no later than the first business day in May; and

 

B)        shall be made from all political committees on file with the Board whose status is active at the time of the random selection.

 

2)         The method of selection shall be the same method that the Board uses to select the 5% of the total number of precincts in a given election authority jurisdiction for the purposes of conducting a post-election retabulation as provided in Code Sections 24A-15, 24B-15 and 24C-15.  Once a committee has been selected to conduct an audit based on the random selection provided in subsection (c)(1), the Board shall send to the committee address, the committee chairman, the committee treasurer, and any candidate designated on the Form D-1 as being supported by this committee, a notice that the committee has been selected to conduct an audit.  The provisions in subsection (b) relating to the closed preliminary hearing shall not apply to committees that have been randomly selected to conduct an audit; however, the committee may be excused from conducting an audit pursuant to subsection (h).

 

d)         Auditor

 

1)         A political committee that has been ordered to conduct an audit pursuant to this Section shall hire an entity qualified to perform the audit, i.e., a licensed certified public accountant (CPA) or other person qualified to perform an audit. The auditor shall:

 

A)        have the proper training and experience to perform a financial analysis of campaign finance committees. The training may be the result of possession of a CPA license, possession of a degree in accounting from an accredited accounting or business school and/or experience as an accountant gained from past employment;

 

B)        not have contributed to the political committee during the 4 year period immediately preceding the order of the audit; and

 

C)        not be a current officer, a previous officer, or otherwise affiliated with the committee.

 

2)         If the person selected by the committee to perform an audit is not a CPA, the committee shall, prior to the person conducting the audit, submit to the Board for approval the person selected.  The committee shall include with the submission any information regarding the qualifications of the person to perform an audit that would inform the Board of the qualifications. The committee may appear before the Board to argue the selected person's qualifications.  The Board shall provide written notice to the committee stating whether the selected person is approved and, if not approved, the reasons for denial of approval.  If the Board does not approve of the person selected, the committee shall, within 10 business days after the date of the nonapproval notice, select another person to conduct the audit and submit that person for Board approval in accordance with this subsection (d).

 

e)         Any audit ordered by the Board shall include and cover all financial records required to be maintained by the committee as provided in Code Section 9-7. The audit shall be conducted in such a way as to ensure compliance with the contribution limitations set forth in Code Section 9-8.5 and the reporting requirements set forth in Code Sections 9-3 and 9-10.  The records shall include any and all financial records in the possession or under the control of the committee or the financial institution in which the committee's funds are held, including, but not limited to:

 

1)         Bank statements;

 

2)         Deposit slips;

 

3)         Internal registers or ledgers; and

 

4)         Records maintained and stored in any type of electronic medium.

 

f)         The audit shall only cover the 2 year period immediately preceding the order of the audit or the period of time since the committee was last ordered to conduct an audit, whichever is shorter.  However, if any portion of these time periods covers a time in which the contribution limits provision of Article 9 of the Election Code was not in effect, those limits shall not be included in the scope of the audit.

 

g)         If the Board determines that the committee is in violation of Code Sections 9-3, 9‑8.5 or 9-10, it may assess a penalty for non-compliance consistent with the penalty provisions contained in those Sections and 26 Ill. Adm. Code 125.425. However, no additional penalty shall be imposed by the Board for any violation found as a result of a Board ordered audit if the Committee has previously been assessed a penalty for that violation.

 

h)         Excusal from Random Audit

 

1)         Any political committee, other than a state central committee or a county central committee, ordered by the Board to conduct a random audit whose chairman, treasurer or candidate on whose behalf the committee was formed, that states under oath, in a signed and notarized affidavit, that the committee lacks the financial means to hire a CPA or other qualified person may, in lieu of conducting an audit, dissolve as a political committee and file a final report with the Board within 60 calendar days following the date of the notice of audit. The committee must remain dissolved for a period of at least 4 years.

 

2)         If the committee fails to dissolve within 60 calendar days after the date of the notice of audit, the Board staff shall contact the committee and inform it that the option of excusing itself from conducting an audit will not be available to the committee unless it dissolves within 30 calendar days after notification.  If the committee does not dissolve within the 30 calendar days, the committee shall be required to conduct the audit under the provisions of Code Section 9-13 and Section 100.175 of this Part.

 

3)         In order to be excused from conducting a random audit, the committee must have a funds balance that does not exceed the cost of hiring a CPA or other qualified person, based on the cost being typical for the county in which the committee is located.  The committee must submit with its affidavit a written cost estimate from at least one CPA or other qualified person located in the county in which the chairman, treasurer or candidate resides.  The provisions of subsection (d) pertaining to restrictions on CPAs or other qualified persons chosen to conduct an audit shall also apply to the CPA or other qualified person whose fee is used as a basis to determine the financial ability of the committee to pay the cost of a CPA or other qualified person.

 

4)         If a political committee dissolves as a result of its financial inability to conduct an audit, as provided in subsection (h)(1), and then reactivates during the 4 year period it was required to remain dissolved, as a condition of its reactivation, within 60 days after reactivation, the committee must conduct an audit covering the 2 year period immediately prior to the committee's dissolution.

 

(Source:  Amended at 39 Ill. Reg. 8060, effective May 19, 2015)

 

Section 100.180  Business Entity Registration Procedures

 

a)         This Section and Section 100.185 are adopted to comply with Public Act 95-971, as amended by Public Acts 96-848, 97-411 and 97-895.  Any business entity whose existing State contracts, whose bids and proposals on State contracts or whose bids and proposals on State contracts combined with the business entity's existing State contracts in aggregate annually total more than $50,000 shall register with SBEL in accordance with Code Section 9-35.  Those business entities that wish to submit a bid or proposal on a State contract must register with SBEL prior to submitting their bid or proposal.  SBEL will provide a certificate of registration upon successful completion of the registration process.

 

b)         Definitions

 

1)         For purposes of this Section, the terms "business entity", "contract", "State contract", "contract with a State agency", "State agency", "affiliated entity", "affiliated person", and "executive employee" shall have the meanings ascribed to those terms in Section 50-37 of the Illinois Procurement Code [30 ILCS 500/50-37] (Procurement Code).

 

2)         The term "annually", as used in Section 20-160 of the Procurement Code, when referring to the aggregation of State contracts, shall mean the calendar year in which the contracts are bid on or awarded.

 

3)         Unless otherwise indicated, any time frame involving a certain number of days shall refer to business days.  Business days shall be those days in which the office of SBEL is open to the public for a minimum of 7 hours.

 

4)         The term "political committee" shall mean any political committee required to file as such under the provisions of Article 9 of the Election Code (campaign disclosure law), regardless of whether the committee has filed a Statement of Organization pursuant to Code Section 9-3.

 

5)         The term "minor child" shall mean any affiliated person who has not attained 18 years of age as of the time of registration of the business entity with which the person is affiliated.

 

c)         Business entities shall register on a secure website provided by SBEL by first creating an on-line account.  SBEL will verify the authenticity of that account at the time of registration.

 

d)         Registration Procedures

 

1)         The following information must be supplied at the time of, and for the purpose of listing in, the registration:

 

A)        The name and address of the business entity.  The address shall be the office designated by the entity as its principal office or its headquarters.

 

B)        The name and address of each affiliated entity of the business entity, including a description of the affiliation.  The address shall be that of the principal office or headquarters of the affiliated entity.

 

C)        The name and address of each affiliated person of the business entity, including a description of the affiliation.  (Every affiliated person or persons within a business entity that is required to register must be listed on the registration form.  If there are no affiliated persons, the person whose position within the business entity comes closest to meeting the definition of affiliated person shall be listed on the registration form.  The electronic registration system will not accept a blank entry where a name is required.)  The name and address of a minor child who must be disclosed on the business entity's registration by virtue of the fact that such person falls under the definition of affiliated person shall not be posted on the SBEL website.

 

D)        The Federal Employer Identification Number (FEIN), if the business has obtained such a number.  If the business does not have a FEIN, an Illinois Business Tax Number (IBT) must be provided.  If the business has neither of these numbers, it must provide an identifying number unique to that business that is capable of verification by SBEL.  A sole proprietorship may use a social security number as a unique identifier if it does not have a FEIN or an IBT.

 

2)         Registration shall be accomplished in one of the two following methods:

 

A)        A web-based program through which information may be entered, saved and transmitted upon completion.  Changes may be made by accessing the program, making the changes, and submitting those changes to SBEL via the program contained on SBEL's website.

 

B)        A format, provided by SBEL, designed specifically for large business entities through which data may be submitted in lieu of completion of the web-based option.  Though this method is geared toward larger business entities, any business entity may choose to use this method.

 

e)         The Board shall provide a certificate of registration to the business entity upon registration and upon any change of information submitted by the entity.  The certificate shall be electronic and accessible to the business entity through the SBEL website and shall be password protected.

 

1)         Any business entity required to register under Section 20-160 of the Procurement Code shall provide a copy of the registration certificate, by first class mail, e-mail or hand delivery within 10 days after registration, to each affiliated entity and each affiliated person listed by the registrant.

 

2)         Any business entity required to register under Section 20-160 of the Procurement Code shall provide a copy of the registration certificate, by first class mail, e-mail or hand delivery within 10 days after the addition of any affiliated entity or affiliated person whose identity is required to be disclosed, to that affiliated person or entity.  The delivery of the registration certificate to a minor child who is an affiliated person shall be accomplished by providing it as described in this Section to either parent or the legal guardian of the minor child.  The business entity shall document in writing the date of submission of the certificate of registration to the appropriate entities and persons.

 

3)         Any business entity required to register under Section 20-160 of the Procurement Code shall notify each political committee to which it makes a contribution, in writing at the time of the contribution, that the business entity is registered with SBEL under Section 20-160. The business entity shall document in writing the date of submission of the notice of registration to the appropriate political committee.  A copy of the certificate of registration may serve as the required written notice.

 

4)         Any affiliated entity or affiliated person of a business entity required to register under Section 20-160 of the Procurement Code shall notify each political committee to which it makes a contribution that it is affiliated with a business entity registered with SBEL under Section 20-160 and the business entity with which it is affiliated.  The notification shall be in writing and shall occur at the time the contribution is made to the committee.  The affiliated entities or persons shall document in writing the date of submission of the notice of registration to the appropriate political committee.  A copy of the certificate of registration may serve as the required written notice.

 

5)         In the determination of a complaint alleging a failure to comply with any notification requirement contained in this subsection (e), the failure of a party responsible for providing the required notification to submit written documentation of compliance shall create a rebuttable presumption of noncompliance against that party.

 

f)         Pursuant to Section 20-160 of the Procurement Code, each bid submitted to and every contract executed by the State on or after January 1, 2009 shall contain:

 

1)         A certification by the bidder or contractor that either:

 

A)        the bidder or contractor is not required to register as a business entity with SBEL pursuant to this Section; or

 

B)        the bidder or contractor has registered as a business entity with SBEL and acknowledges a continuing duty to update the registration; and

 

2)         A statement that the contract is voidable under Section 50-60 of the Procurement Code as a result of the bidder's or contractor's failure to comply with Section 20-160 of the Procurement Code.

 

g)         A business entity whose aggregate bids and proposals on State contracts annually total more than $50,000, or whose aggregate bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the contract is awarded. Any change of information, including but not limited to changes in affiliated entities or affiliated persons, must be reported to SBEL within 5 business days following the change or no later than a day before the contract is awarded, whichever date is earlier (see Section 100.185(a)).

 

h)         A business entity whose contracts with State agencies, in the aggregate, annually total more than $50,000 has a continuing duty to ensure that the registration is accurate for the duration of the term of office of the incumbent officeholder awarding the contract or for a period of 2 years following the expiration or termination of the contract, whichever is longer. 

 

1)         Any change in information, including but not limited to changes in affiliated entities or affiliated persons, shall be reported to SBEL on a quarterly basis within 10 business days following the final day of January, April, July and October of each year (see Section 100.185(c)).

 

2)         If a business entity required to register under Section 20-160(d) of the Procurement Code has a pending bid or proposal on a State contract, then any change in information shall be reported to SBEL within 5 business days or no later than a day before the contract is awarded, whichever date is earlier (see Section 100.185(c)).

 

i)          Pursuant to Section 20-160 of the Procurement Code, as to any bid or proposal for a contract with a State agency, the Chief Procurement Officer shall verify that the business entity is required to register and is in compliance with the registration requirements as of the date the bid or proposal is submitted.  The chief procurement officer of the State agency shall not accept a bid or proposal unless:

 

1)         the business entity is in compliance with the registration requirements as of the date the bid or proposal is submitted; or

 

2)         a statement that the bidder or contractor is not required to register as a business entity with SBEL is submitted to the agency with the bid or proposal.

 

j)          A registration, and any changes to a registration, must include the business entity's verification of accuracy.

 

k)         The requirements of this Section apply regardless of the method of source selection used in awarding the contract.

 

l)          Inactive Status

 

1)         The provisions of this subsection apply to a business entity required to register with SBEL under Section 20-160 of the Procurement Code, that had an existing contract or had bid on a contract within the time periods set out in subsection (h), and that had a duty to maintain the accuracy of its registration. A business entity that has registered with SBEL may change its status to "inactive" provided that:

 

A)        the entity bid on a contract the value of which exceeded the $50,000 qualifying threshold, but was not awarded that contract;

 

B)        the entity had a combination of bids and contracts that exceeded the $50,000 qualifying threshold; however, the entity was not awarded the contract and/or the two year period following the expiration of the contract has lapsed or the term of office of the officeholder responsible for awarding the contract has concluded;

 

C)        the entity had contracts exceeding the $50,000 qualifying threshold; however, the two year period following the expiration of the contract has lapsed or the term of office of the officeholder responsible for awarding the contract has concluded; or

 

D)        the entity was not required to register as a business entity but did so anyway, provided that the reason for the registration was not to qualify for use of the Illinois Procurement Gateway (IPG) offered by the Chief Procurement Officer − General Services.  The entity may not change its status to "inactive" until its registration through the IPG has expired.

 

2)         Nothing in this Section shall affect the duty of a business entity to update its registration when required to do so, nor remove the entity from the prohibition against making contributions to the officeholder responsible for awarding the contract.

 

3)         This "inactive" designation shall be determined by the business entity. The Board shall provide a form in an electronic format accessible on the SBEL website for the entity to indicate that it is currently in inactive status.  The form shall include the name and address of the entity; the contract or bid that created the obligation to register with the SBEL, as well as the agency or office that was responsible for awarding the contract, or, if the entity was not required to register with the SBEL, a designation that registration was not required; and the beginning date on which the obligation to update the entity's registration relative to each contract or bid no longer existed.  The form shall be signed by the Chief Executive Officer of the business entity or his/her designee, or a person who serves in that capacity, indicating that the signatory verifies that the entity qualifies to be in inactive status based on the criteria contained in this subsection (l). 

 

4)         In the event a business entity that had previously declared its inactive status on the form prescribed by subsection (l)(3) submits a bid for a State contract whose value exceeds $50,000, the entity shall rescind its inactive status prior to submitting a bid, shall update its registration so that the information required by Code Section 9-35(b)(1), (2) and (3) is current.  In addition, the entity shall abide by the contribution prohibitions contained in Section 50-37(b) and (c) of the Procurement Code. The rescinding of an entity's inactive status shall be on an electronic form accessible on the SBEL website.

 

m)        The complaint provisions contained in Code Sections 9-20 through 9-22 shall apply to complaints filed alleging a violation of this Section.

 

(Source:  Amended at 39 Ill. Reg. 8060, effective May 19, 2015)

 

Section 100.185  Assessment of Civil Penalties

 

a)         The provisions of Code Sections 9-20 through 9-24 relating to complaints for violations of Article 9 of the Election Code shall apply to complaints for violations of Code Section 9-35(d) (failure to notify affiliated persons and entities of a business entity that the business entity is registered with the Board) and (e) (the intentional, willful or material failure to disclose required registration information and failure to update a registration), except that the complaint shall be directed to the registered agent of the business entity or its chief executive officer.  In addition, the provision of Code Section 9-21 pertaining to the 60 day period prior to an election shall not apply to complaints filed under this Section.  Willful or intentional failure to disclose material information on a business entity's registration shall subject that entity to a civil penalty assessed by the Board not to exceed $5,000 per occurrence.  If the Board determines that a business entity has intentionally, willfully or materially failed to disclose required information on its registration, it shall refer that determination to the chief procurement officer of the agency or agencies that accepted a bid or entered into a contract with that business.  Failure to provide notice under Code Section 9-35(d) is a business offense, the penalty for which shall not to exceed $1,001.

 

b)         The provisions of 26 Ill. Adm. Code 125, Subparts A, B and C shall apply to complaints filed against business entities.

 

c)         Failure to update a registration as required by Section 20-160(d) and (e) of the Procurement Code and Section 100.180(i)(1) and (2) of this Part (any change in information must be reported to SBEL within 10 business days following the last day of the quarterly period or within 5 business days following that change or no later than a day before the contract is awarded, whichever date is earlier), will result in a $1,000 per day penalty for each day the information remains unreported.  For purposes of this Section, the information required to be updated is the information required of a business entity under Code Section 9-35(b), including name and address of the business entity and any affiliated person or entity.

 

d)         Any penalty assessed against a business entity by SBEL for violation of Code Section 9-35 shall be paid within 30 days after the assessment of the penalty.  The 30 day period shall commence on the date the letter is sent by SBEL to the business entity assessing the penalty.  Any assessed penalty that remains unpaid more than 30 days after the issuance of the final order assessing the penalty shall be posted on the SBEL website, indicating the name of the business entity owing the penalty and stating that the penalty remains unpaid.

 

(Source:  Amended at 39 Ill. Reg. 8060, effective May 19, 2015)

 

Section 100.190  Training Requirement for Committee Treasurers

 

a)         Within 60 days after a political committee designates a new treasurer under Section Code 9-2(f), the treasurer must contact Board staff and complete a training session on compliance with the requirements of Article 9.

 

b)         A treasurer may not be excused from the training required by subsection (a) on the basis that they have previously served as a treasurer of a political committee unless they can demonstrate they completed a training session conducted by Board staff on compliance with the requirements of Article 9 in the last two years.

 

(Source:  Added at 47 Ill. Reg. 5468, effective March 30, 2023)

Section 100.APPENDIX A   Contributions Allowed Per Election Cycle

 

Section 100.TABLE A   Contribution Limits Per Election Cycle

 

a)         CANDIDATE POLITICAL COMMITTEE

 

1)         $6,900 from an individual

 

2)         $13,700 from a corporation, labor organization or association

 

3)         $68,500 from a candidate political committee or political action committee

 

4)         No limits from political party committee except during an election cycle in which the candidate seeks nomination at a primary election

 

5)         During an election cycle in which the candidate seeks nomination at a primary election, a political party committee may contribute:

 

A)        $274,200 to a candidate for statewide office

 

B)         $171,500 to a candidate for Senate, Supreme or Appellate Court in Cook County, county-wide office in Cook County

 

C)         $102,900 to a candidate for House of Representatives, Supreme or Appellate Court outside of Cook County, county-wide office outside of Cook County, and local candidates within Cook County

 

D)        $68,500 to any other candidate

 

b)         POLITICAL PARTY COMMITTEE

 

1)         $13,700 from an individual

 

2)         $27,400 from a corporation, labor organization or association

 

3)         $68,500 from a political action committee

 

4)         No transfers permitted between legislative caucus committees

 

5)         A political party committee may accept contributions in any amount from a candidate committee or political party committee

 

6)         No limits on transfers between a State political committee and a federal political committee

 

c)         POLITICAL ACTION COMMITTEE

 

1)         $13,700 from an individual

 

2)         $27,400 from a corporation, labor organization, political party committee or association

 

3)         $68,500 from a political action committee or candidate political committee

 

d)         BALLOT INITIATIVE COMMITTEE

 

No limits from any source – cannot contribute to any other type of committee

 

e)         INDEPENDENT EXPENDITURE COMMITTEE

 

No limits from any source – cannot make direct contributions or coordinated expenditures.

 

f)         LIMITED ACTIVITY COMMITTEE

 

May not accept contributions from any outside source. May only accept contributions of personal funds from the candidate the committee is designated to support or a committee officer, and those contributions are only allowed to pay for committee maintenance expenses.

 

(Source:  Amended at 47 Ill. Reg. 5468, effective March 30, 2023)

Section 100.APPENDIX A   Contributions Allowed Per Election Cycle

 

Section 100.TABLE B   Election Cycles

 

a)         CANDIDATE POLITICAL COMMITTEE

 

1)         Support candidate to be elected at a general primary election or general election

 

A)        Beginning January 1 following a general election for office to which candidate seeks nomination or election and ending on day of general primary election for that office, or

 

B)         Beginning 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)         Support candidate for General Assembly

 

A)        Beginning January 1 following a general election and ending on day of next general primary election, or

 

B)         Beginning day after a general primary election and ending on December 31 following a general election (2 year)

 

3)         Support candidate for retention

 

A)        Beginning January 1 following general election when candidate was elected through day candidate files declaration of intent to seek retention, or

 

B)         Beginning day after candidate files declaration of intent to seek retention through December 31 following retention election

 

4)         Support candidate to be elected at consolidated primary election or consolidated election (also applies to candidates in municipal or runoff elections in cities of 1,000,000 or more population, occurring on the dates of the regularly scheduled consolidated primary election or consolidated election)

 

A)        Beginning July 1 following the consolidated election for the office to which the candidate seeks election and ending on the day of the next consolidated primary election for that office, or

 

B)        Beginning the day after the consolidated primary election for the office to which the candidate seeks nomination or election and ending on June 30 following the consolidated election held that year

 

b)         POLITICAL PARTY COMMITTEE

 

Beginning January 1 and ending on December 31 of each calendar year (1 calendar year)

 

c)         POLITICAL ACTION COMMITTEE

 

Beginning January 1 and ending on December 31 of each calendar year (1 calendar year)

 

d)         BALLOT INITIATIVE COMMITTEE

 

Beginning January 1 and ending on December 31 of each calendar year (1 calendar year)

 

e)         INDEPENDENT EXPENDITURE COMMITTEE

 

Beginning January 1 and ending on December 31 of each calendar year (1 calendar year)

 

f)         LIMITED ACTIVITY COMMITTEE

 

See subsection (a) CANDIDATE POLITICAL COMMITTEE (Section 100.Table B Election Cycles)

 

(Source:  Amended at 47 Ill. Reg. 5468, effective March 30, 2023)