94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2990

 

Introduced 1/20/2006, by Sen. Christine Radogno - Dale A. Righter - Cheryl Axley

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-10   from Ch. 46, par. 9-10

    Amends the Election Code. Requires that political committees of State executive branch constitutional officers report campaign contributions of $1,000 or more to the State Board of Elections within 2 business days after receipt, regardless of when the contribution is received (now, during the period between the last contribution report and an election). Requires that political committees of General Assembly members report campaign contributions of $1,000 or more, received during a week the member's legislative house is or is scheduled to be in session, to the State Board of Elections within 2 business days after receipt (now, during the period between the last contribution report and an election). Specifies fines for violations. Effective immediately.


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A BILL FOR

 

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1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing Section
5 9-10 as follows:
 
6     (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
7     Sec. 9-10. Financial reports.
8     (a) The treasurer of every state political committee and
9 the treasurer of every local political committee shall file
10 with the Board, and the treasurer of every local political
11 committee shall file with the county clerk, reports of campaign
12 contributions, and semi-annual reports of campaign
13 contributions and expenditures on forms to be prescribed or
14 approved by the Board. The treasurer of every political
15 committee that acts as both a state political committee and a
16 local political committee shall file a copy of each report with
17 the State Board of Elections and the county clerk. Entities
18 subject to Section 9-7.5 shall file reports required by that
19 Section at times provided in this Section and are subject to
20 the penalties provided in this Section.
21     (b) Reports of campaign contributions shall be filed no
22 later than the 15th day next preceding each election including
23 a primary election in connection with which the political
24 committee has accepted or is accepting contributions or has
25 made or is making expenditures. Such reports shall be complete
26 as of the 30th day next preceding each election including a
27 primary election. The Board shall assess a civil penalty not to
28 exceed $5,000 for a violation of this subsection, except that
29 for State officers and candidates and political committees
30 formed for statewide office, the civil penalty may not exceed
31 $10,000. The fine, however, shall not exceed $500 for a first
32 filing violation for filing less than 10 days after the

 

 

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1 deadline. There shall be no fine if the report is mailed and
2 postmarked at least 72 hours prior to the filing deadline. For
3 the purpose of this subsection, "statewide office" and "State
4 officer" means the Governor, Lieutenant Governor, Attorney
5 General, Secretary of State, Comptroller, and Treasurer.
6 However, a continuing political committee that does not make
7 expenditures in excess of $500 on behalf of or in opposition to
8 any candidate or public question on the ballot at an election
9 shall not be required to file the reports heretofore prescribed
10 but may file in lieu thereof a Statement of Nonparticipation in
11 the Election with the Board or the Board and the county clerk;
12 except that if the political committee, by the terms of its
13 statement of organization filed in accordance with this
14 Article, is organized to support or oppose a candidate or
15 public question on the ballot at the next election or primary,
16 that committee must file reports required by this subsection
17 (b) and by subsection (b-5).
18     (b-5) Notwithstanding the provisions of subsection (b) and
19 Section 1.25 of the Statute on Statutes, any contribution of
20 more than $500 received in the interim between the last date of
21 the period covered by the last report filed under subsection
22 (b) prior to the election and the date of the election shall be
23 filed with and must actually be received by the State Board of
24 Elections within 2 business days after receipt of such
25 contribution. The State Board shall allow filings of reports of
26 contributions of more than $500 under this subsection (b-5) by
27 political committees that are not required to file
28 electronically to be made by facsimile transmission. For the
29 purpose of this subsection, a contribution is considered
30 received on the date the public official, candidate, or
31 political committee (or equivalent person in the case of a
32 reporting entity other than a political committee) actually
33 receives it or, in the case of goods or services, 2 business
34 days after the date the public official, candidate, committee,
35 or other reporting entity receives the certification required
36 under subsection (b) of Section 9-6. Failure to report each

 

 

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1 contribution is a separate violation of this subsection. In the
2 final disposition of any matter by the Board on or after the
3 effective date of this amendatory Act of the 93rd General
4 Assembly, the Board may impose fines for violations of this
5 subsection not to exceed 100% of the total amount of the
6 contributions that were untimely reported, but in no case when
7 a fine is imposed shall it be less than 10% of the total amount
8 of the contributions that were untimely reported. When
9 considering the amount of the fine to be imposed, the Board
10 shall consider, but is not limited to, the following factors:
11         (1) whether in the Board's opinion the violation was
12     committed inadvertently, negligently, knowingly, or
13     intentionally;
14         (2) the number of days the contribution was reported
15     late; and
16         (3) past violations of Sections 9-3 and 9-10 of this
17     Article by the committee.
18     (b-10) Notwithstanding the provisions of subsection (b)
19 and Section 1.25 of the Statute on Statutes, a report of any
20 contribution of $1,000 or more received at any time by a State
21 executive branch constitutional officer or a political
22 committee organized by or on behalf of that officer that is not
23 otherwise required to be reported under subsection (b-5) shall
24 be filed with and must actually be received by the State Board
25 of Elections within 2 business days after the receipt of such
26 contribution. As used in this subsection, "State executive
27 branch constitutional officer" means the Governor, Lieutenant
28 Governor, Attorney General, Secretary of State, State
29 Comptroller, and State Treasurer. For the purpose of this
30 subsection, a contribution is considered received on the date
31 the officer or political committee actually receives it or, in
32 the case of goods or services, 2 business days after the date
33 the officer or committee receives the certification required
34 under subsection (b) of Section 9-6. Failure to report each
35 contribution is a separate violation of this subsection. In the
36 final disposition of any matter by the Board on or after the

 

 

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1 effective date of this amendatory Act of the 94th General
2 Assembly, the Board may impose fines for violations of this
3 subsection not to exceed 100% of the total amount of the
4 contributions that were untimely reported, but in no case when
5 a fine is imposed shall it be less than 10% of the total amount
6 of the contributions that were untimely reported. When
7 considering the amount of the fine to be imposed, the Board
8 shall consider, but is not limited to, the following factors:
9         (1) whether in the Board's opinion the violation was
10     committed inadvertently, negligently, knowingly, or
11     intentionally;
12         (2) the number of days the contribution was reported
13     late; and
14         (3) past violations of this Section and Section 9-3 by
15     the committee.
16     (b-15) Notwithstanding the provisions of subsection (b)
17 and Section 1.25 of the Statute on Statutes, a report of any
18 contribution of $1,000 or more received by a member of the
19 General Assembly or a political committee organized by or on
20 behalf of that member at any time during a week in which that
21 member's house of the General Assembly is scheduled to be in
22 session or is in session that is not otherwise required to be
23 reported under subsection (b-5) shall be filed with and must
24 actually be received by the State Board of Elections within 2
25 business days after receipt of such contribution. For the
26 purpose of this subsection, a contribution is considered
27 received on the date the General Assembly member or political
28 committee actually receives it or, in the case of goods or
29 services, 2 business days after the date the General Assembly
30 member or committee receives the certification required under
31 subsection (b) of Section 9-6. Failure to report each
32 contribution is a separate violation of this subsection. In the
33 final disposition of any matter by the Board on or after the
34 effective date of this amendatory Act of the 94th General
35 Assembly, the Board may impose fines for violations of this
36 subsection not to exceed 100% of the total amount of the

 

 

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1 contributions that were untimely reported, but in no case when
2 a fine is imposed shall it be less than 10% of the total amount
3 of the contributions that were untimely reported. When
4 considering the amount of the fine to be imposed, the Board
5 shall consider, but is not limited to, the following factors:
6         (1) whether in the Board's opinion the violation was
7     committed inadvertently, negligently, knowingly, or
8     intentionally;
9         (2) the number of days the contribution was reported
10     late; and
11         (3) past violations of this Section and Section 9-3 by
12     the committee.
13     (c) In addition to such reports the treasurer of every
14 political committee shall file semi-annual reports of campaign
15 contributions and expenditures no later than July 31st,
16 covering the period from January 1st through June 30th
17 immediately preceding, and no later than January 31st, covering
18 the period from July 1st through December 31st of the preceding
19 calendar year. Reports of contributions and expenditures must
20 be filed to cover the prescribed time periods even though no
21 contributions or expenditures may have been received or made
22 during the period. The Board shall assess a civil penalty not
23 to exceed $5,000 for a violation of this subsection, except
24 that for State officers and candidates and political committees
25 formed for statewide office, the civil penalty may not exceed
26 $10,000. The fine, however, shall not exceed $500 for a first
27 filing violation for filing less than 10 days after the
28 deadline. There shall be no fine if the report is mailed and
29 postmarked at least 72 hours prior to the filing deadline. For
30 the purpose of this subsection, "statewide office" and "State
31 officer" means the Governor, Lieutenant Governor, Attorney
32 General, Secretary of State, Comptroller, and Treasurer.
33     (c-5) A political committee that acts as either (i) a State
34 and local political committee or (ii) a local political
35 committee and that files reports electronically under Section
36 9-28 is not required to file copies of the reports with the

 

 

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1 appropriate county clerk if the county clerk has a system that
2 permits access to, and duplication of, reports that are filed
3 with the State Board of Elections. A State and local political
4 committee or a local political committee shall file with the
5 county clerk a copy of its statement of organization pursuant
6 to Section 9-3.
7     (d) A copy of each report or statement filed under this
8 Article shall be preserved by the person filing it for a period
9 of two years from the date of filing.
10 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
11 94-645, eff. 8-22-05.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.