102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3425

 

Introduced 1/18/2022, by Sen. John Connor

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-17  from Ch. 46, par. 9-17
10 ILCS 5/29-20.1 new
10 ILCS 5/29-20.2 new
10 ILCS 5/29-20.3 new
10 ILCS 5/29-20.4 new
10 ILCS 5/9-25.1 rep.
10 ILCS 5/9-25.2 rep.
10 ILCS 5/9-26 rep.

    Amends the Election Code. Moves various prohibition and penalty provisions from Article 9 to Article 29. In the transferred provisions relating to persons who alter or falsify information on a copy of a statement of a report, election interference, and candidates who knowingly receive any contribution solicited or received in violation of specified sections, provides that prosecution for such offenses shall be commenced no later than 18 months after the commission of the offense. Effective immediately.


LRB102 23393 AWJ 32562 b

 

 

A BILL FOR

 

SB3425LRB102 23393 AWJ 32562 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 9-17 and by adding Sections 29-20.1, 29-20.2, 29-20.3,
6and 29-20.4 as follows:
 
7    (10 ILCS 5/9-17)  (from Ch. 46, par. 9-17)
8    Sec. 9-17. All statements and reports filed under this
9Article with the board or county clerk shall be available for
10examination and copying by the public at all reasonable times.
11    Any person who alters or falsifies information on a copy
12of a statement or report obtained from the State Board of
13Elections or the county clerk pursuant to Article 9 of this
14Code and publishes, circulates or distributes such altered or
15falsified information with the intent to misrepresent
16contributions received or expenditures made by a candidate or
17political committee shall be guilty of a Class B misdemeanor.
18    Any person who shall sell or utilize information copied
19from statements and reports filed with the State Board of
20Elections or the county clerk pursuant to Article 9 of this
21Code for the purpose of soliciting contributions or for the
22purpose of business solicitation shall be guilty of a Class B
23misdemeanor.

 

 

SB3425- 2 -LRB102 23393 AWJ 32562 b

1(Source: P.A. 90-495, eff. 8-17-97.)
 
2    (10 ILCS 5/29-20.1 new)
3    Sec. 29-20.1. Altering or falsifying information on a copy
4of a statement or report.
5    (a) Any person who alters or falsifies information on a
6copy of a statement or report obtained from the State Board of
7Elections or the county clerk pursuant to Article 9 of this
8Code and publishes, circulates, or distributes such altered or
9falsified information with the intent to misrepresent
10contributions received or expenditures made by a candidate or
11political committee shall be guilty of a Class B misdemeanor.
12    (b) Any person who shall sell or utilize information
13copied from statements and reports filed with the State Board
14of Elections or the county clerk pursuant to Article 9 of this
15Code for the purpose of soliciting contributions or for the
16purpose of business solicitation shall be guilty of a Class B
17misdemeanor.
18    (c) A prosecution for any offense designated by this
19Section shall be commenced no later than 18 months after the
20commission of the offense.
 
21    (10 ILCS 5/29-20.2 new)
22    Sec. 29-20.2. Election interference.
23    (a) As used in this Section, "public funds" means any
24funds appropriated by the Illinois General Assembly or by any

 

 

SB3425- 3 -LRB102 23393 AWJ 32562 b

1political subdivision of the State of Illinois.
2    (b) No public funds shall be used to urge any elector to
3vote for or against any candidate or proposition, or be
4appropriated for political or campaign purposes to any
5candidate or political organization. This Section shall not
6prohibit the use of public funds for dissemination of factual
7information relative to any proposition appearing on an
8election ballot, or for dissemination of information and
9arguments published and distributed under law in connection
10with a proposition to amend the Constitution of the State of
11Illinois.
12    (c) The first time any person violates any provision of
13this Section, that person shall be guilty of a Class B
14misdemeanor. Upon the second or any subsequent violation of
15any provision of this Section, the person violating any
16provision of this Section shall be guilty of a Class A
17misdemeanor.
18    (d) A prosecution for any offense designated by this
19Section shall be commenced no later than 18 months after the
20commission of the offense.
 
21    (10 ILCS 5/29-20.3 new)
22    Sec. 29-20.3. Contributions; candidate or treasurer of
23political committee.
24    (a) No candidate may knowingly receive any contribution
25solicited or received in violation of Section 33-3.1 or

 

 

SB3425- 4 -LRB102 23393 AWJ 32562 b

1Section 33-3.2 of the Criminal Code of 2012.
2    (b) The receipt of political contributions in violation of
3this Section shall constitute a Class A misdemeanor.
4    (c) A prosecution for any offense designated by this
5Section shall be commenced no later than 18 months after the
6commission of the offense. The appropriate State's Attorney or
7the Attorney General shall bring such actions in the name of
8the people of the State of Illinois.
 
9    (10 ILCS 5/29-20.4 new)
10    Sec. 29-20.4. Willful failure to file or willful filing.
11    (a) Willful failure to file or willful filing of false or
12incomplete information required by Article 9 of this Code
13shall constitute a business offense subject to a fine of up to
14$5,000.
15    (b) Willful filing of a false complaint under Article 9 of
16this Code shall constitute a Class B misdemeanor.
17    (c) A prosecution for any offense designated by this
18Section shall be commenced no later than 18 months after the
19commission of the offense. The appropriate State's Attorney or
20the Attorney General shall bring such actions in the name of
21the people of the State of Illinois.
 
22    (10 ILCS 5/9-25.1 rep.)
23    (10 ILCS 5/9-25.2 rep.)
24    (10 ILCS 5/9-26 rep.)

 

 

SB3425- 5 -LRB102 23393 AWJ 32562 b

1    Section 10. The Election Code is amended by repealing
2Sections 9-25.1, 9-25.2, and 9-26.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.