State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Jason Plummer


10 ILCS 5/9-8.10

    Amends the Election Code. Prohibits a political committee from making expenditures for taxable compensation to an immediate family member of a public official or candidate. Defines "immediate family member" and "payments". Effective immediately.

LRB102 17338 SMS 22829 b





SB2208LRB102 17338 SMS 22829 b

1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing
5Section 9-8.10 as follows:
6    (10 ILCS 5/9-8.10)
7    Sec. 9-8.10. Use of political committee and other
8reporting organization funds.
9    (a) A political committee shall not make expenditures:
10        (1) In violation of any law of the United States or of
11    this State.
12        (2) Clearly in excess of the fair market value of the
13    services, materials, facilities, or other things of value
14    received in exchange.
15        (3) For satisfaction or repayment of any debts other
16    than loans made to the committee or to the public official
17    or candidate on behalf of the committee or repayment of
18    goods and services purchased by the committee under a
19    credit agreement. Nothing in this Section authorizes the
20    use of campaign funds to repay personal loans. The
21    repayments shall be made by check written to the person
22    who made the loan or credit agreement. The terms and
23    conditions of any loan or credit agreement to a committee



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1    shall be set forth in a written agreement, including but
2    not limited to the method and amount of repayment, that
3    shall be executed by the chair or treasurer of the
4    committee at the time of the loan or credit agreement. The
5    loan or agreement shall also set forth the rate of
6    interest for the loan, if any, which may not substantially
7    exceed the prevailing market interest rate at the time the
8    agreement is executed.
9        (4) For the satisfaction or repayment of any debts or
10    for the payment of any expenses relating to a personal
11    residence. Campaign funds may not be used as collateral
12    for home mortgages.
13        (5) For clothing or personal laundry expenses, except
14    clothing items rented by the public official or candidate
15    for his or her own use exclusively for a specific
16    campaign-related event, provided that committees may
17    purchase costumes, novelty items, or other accessories
18    worn primarily to advertise the candidacy.
19        (6) For the travel expenses of any person unless the
20    travel is necessary for fulfillment of political,
21    governmental, or public policy duties, activities, or
22    purposes.
23        (7) For membership or club dues charged by
24    organizations, clubs, or facilities that are primarily
25    engaged in providing health, exercise, or recreational
26    services; provided, however, that funds received under



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1    this Article may be used to rent the clubs or facilities
2    for a specific campaign-related event.
3        (8) In payment for anything of value or for
4    reimbursement of any expenditure for which any person has
5    been reimbursed by the State or any person. For purposes
6    of this item (8), a per diem allowance is not a
7    reimbursement.
8        (9) For the purchase of or installment payment for a
9    motor vehicle unless the political committee can
10    demonstrate that purchase of a motor vehicle is more
11    cost-effective than leasing a motor vehicle as permitted
12    under this item (9). A political committee may lease or
13    purchase and insure, maintain, and repair a motor vehicle
14    if the vehicle will be used primarily for campaign
15    purposes or for the performance of governmental duties. A
16    committee shall not make expenditures for use of the
17    vehicle for non-campaign or non-governmental purposes.
18    Persons using vehicles not purchased or leased by a
19    political committee may be reimbursed for actual mileage
20    for the use of the vehicle for campaign purposes or for the
21    performance of governmental duties. The mileage
22    reimbursements shall be made at a rate not to exceed the
23    standard mileage rate method for computation of business
24    expenses under the Internal Revenue Code.
25        (10) Directly for an individual's tuition or other
26    educational expenses, except for governmental or political



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1    purposes directly related to a candidate's or public
2    official's duties and responsibilities.
3        (11) For payments to a public official or candidate or
4    his or her family member unless for compensation for
5    services actually rendered by that person. The provisions
6    of this item (11) do not apply to expenditures by a
7    political committee in an aggregate amount not exceeding
8    the amount of funds reported to and certified by the State
9    Board or county clerk as available as of June 30, 1998, in
10    the semi-annual report of contributions and expenditures
11    filed by the political committee for the period concluding
12    June 30, 1998.
13        (12) For payments to an immediate family member of a
14    public official or candidate. As used in this paragraph:
15    "immediate family member" means anyone living with a
16    public official or candidate, or a spouse, child, sibling,
17    or parent of a public official or candidate, regardless of
18    whether that person lives with the public official or
19    candidate; "payments" means any compensation for which the
20    paying party would be required to file a federal form W-2
21    or 1099.
22    (b) The Board shall have the authority to investigate,
23upon receipt of a verified complaint, violations of the
24provisions of this Section. The Board may levy a fine on any
25person who knowingly makes expenditures in violation of this
26Section and on any person who knowingly makes a malicious and



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1false accusation of a violation of this Section. The Board may
2act under this subsection only upon the affirmative vote of at
3least 5 of its members. The fine shall not exceed $500 for each
4expenditure of $500 or less and shall not exceed the amount of
5the expenditure plus $500 for each expenditure greater than
6$500. The Board shall also have the authority to render
7rulings and issue opinions relating to compliance with this
9    (c) Nothing in this Section prohibits the expenditure of
10funds of a political committee controlled by an officeholder
11or by a candidate to defray the customary and reasonable
12expenses of an officeholder in connection with the performance
13of governmental and public service functions.
14    (d) Nothing in this Section prohibits the funds of a
15political committee which is controlled by a person convicted
16of a violation of any of the offenses listed in subsection (a)
17of Section 10 of the Public Corruption Profit Forfeiture Act
18from being forfeited to the State under Section 15 of the
19Public Corruption Profit Forfeiture Act.
20(Source: P.A. 100-1027, eff. 1-1-19.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.