96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0046

 

Introduced 1/30/2009, by Sen. Dale E. Risinger - Dr. David Luechtefeld

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1.1   from Ch. 46, par. 2A-1.1
10 ILCS 5/7A-1   from Ch. 46, par. 7A-1
10 ILCS 5/9-10   from Ch. 46, par. 9-10
25 ILCS 115/4   from Ch. 63, par. 15.1
25 ILCS 130/9-2.5

    Amends the Election Code, the General Assembly Compensation Act, and the Legislative Commission Reorganization Act of 1984. Changes the general primary election from the first Tuesday in February of even-numbered years to the first Tuesday in June of even-numbered years. Makes conforming changes with respect to (i) filing of declarations of judicial retention, (ii) filing of campaign finance reports, and (iii) printing and mailing of legislators' newsletters and brochures. 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
5 Sections 2A-1.1, 7A-1, and 9-10 as follows:
 
6     (10 ILCS 5/2A-1.1)  (from Ch. 46, par. 2A-1.1)
7     Sec. 2A-1.1. All Elections - Consolidated Schedule.
8     (a) In even-numbered years, the general election shall be
9 held on the first Tuesday after the first Monday of November;
10 and an election to be known as the general primary election
11 shall be held on the first Tuesday in June February;
12     (b) In odd-numbered years, an election to be known as the
13 consolidated election shall be held on the first Tuesday in
14 April except as provided in Section 2A-1.1a of this Act; and an
15 election to be known as the consolidated primary election shall
16 be held on the last Tuesday in February.
17 (Source: P.A. 95-6, eff. 6-20-07.)
 
18     (10 ILCS 5/7A-1)  (from Ch. 46, par. 7A-1)
19     Sec. 7A-1. Any Supreme, Appellate or Circuit Judge who has
20 been elected to that office and who seeks to be retained in
21 that office under subsection (d) of Section 12 of Article VI of
22 the Constitution shall file a declaration of candidacy to

 

 

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1 succeed himself in the office of the Secretary of State on or
2 before the first Monday in April December before the general
3 election preceding the expiration of his term of office. Within
4 3 business days thereafter, the Secretary of State shall
5 certify to the State Board of Elections the names of all
6 incumbent judges who were eligible to stand for retention at
7 the next general election but failed to timely file a
8 declaration of candidacy to succeed themselves in office or,
9 having timely filed such a declaration, withdrew it. The State
10 Board of Elections may rely upon the certification from the
11 Secretary of State (a) to determine when vacancies in judicial
12 office exist and (b) to determine the judicial positions for
13 which elections will be held. The Secretary of State, not less
14 than 63 days before the election, shall certify the Judge's
15 candidacy to the proper election officials. The names of Judges
16 seeking retention shall be submitted to the electors,
17 separately and without party designation, on the sole question
18 whether each Judge shall be retained in office for another
19 term. The retention elections shall be conducted at general
20 elections in the appropriate Judicial District, for Supreme and
21 Appellate Judges, and in the circuit for Circuit Judges. The
22 affirmative vote of three-fifths of the electors voting on the
23 question shall elect the Judge to the office for a term
24 commencing on the first Monday in December following his
25 election.
26 (Source: P.A. 86-1348.)
 

 

 

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1     (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
2     Sec. 9-10. Financial reports.
3     (a) The treasurer of every state political committee and
4 the treasurer of every local political committee shall file
5 with the Board, and the treasurer of every local political
6 committee shall file with the county clerk, reports of campaign
7 contributions, and semi-annual reports of campaign
8 contributions and expenditures on forms to be prescribed or
9 approved by the Board. The treasurer of every political
10 committee that acts as both a state political committee and a
11 local political committee shall file a copy of each report with
12 the State Board of Elections and the county clerk. Entities
13 subject to Section 9-7.5 shall file reports required by that
14 Section at times provided in this Section and are subject to
15 the penalties provided in this Section.
16     (b) This subsection does not apply with respect to general
17 primary elections. Reports of campaign contributions shall be
18 filed no later than the 15th day next preceding each election
19 or primary in connection with which the political committee has
20 accepted or is accepting contributions or has made or is making
21 expenditures. Such reports shall be complete as of the 30th day
22 next preceding each election or primary. The Board shall assess
23 a civil penalty not to exceed $5,000 for a violation of this
24 subsection, except that for State officers and candidates and
25 political committees formed for statewide office, the civil

 

 

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1 penalty may not exceed $10,000. The fine, however, shall not
2 exceed $500 for a first filing violation for filing less than
3 10 days after the deadline. There shall be no fine if the
4 report is mailed and postmarked at least 72 hours prior to the
5 filing deadline. For the purpose of this subsection, "statewide
6 office" and "State officer" means the Governor, Lieutenant
7 Governor, Attorney General, Secretary of State, Comptroller,
8 and Treasurer. However, a continuing political committee that
9 does not make an expenditure or expenditures in an aggregate
10 amount of more than $500 on behalf of or in opposition to any
11 (i) candidate or candidates, (ii) public question or questions,
12 or (iii) candidate or candidates and public question or
13 questions on the ballot at an election or primary shall not be
14 required to file the reports prescribed in this subsection (b)
15 and subsection (b-5) but may file in lieu thereof a Statement
16 of Nonparticipation in the Election or Primary with the Board
17 or the Board and the county clerk ; except that if the
18 political committee, by the terms of its statement of
19 organization filed in accordance with this Article, is
20 organized to support or oppose a candidate or public question
21 on the ballot at the next election or primary, that committee
22 must file reports required by this subsection (b) and by
23 subsection (b-5).
24     (b-5) Notwithstanding the provisions of subsection (b) and
25 Section 1.25 of the Statute on Statutes, any contribution of
26 more than $500 received (i) with respect to elections other

 

 

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1 than the general primary election, in the interim between the
2 last date of the period covered by the last report filed under
3 subsection (b) prior to the election or primary and the date of
4 the election or primary (ii) with respect to general primary
5 elections, in the period beginning January 1 of the year of the
6 general primary election and prior to the date of the general
7 primary election shall be filed with and must actually be
8 received by the State Board of Elections within 2 business days
9 after receipt of such contribution. A continuing political
10 committee that does not support or oppose a candidate or public
11 question on the ballot at a general primary election and does
12 not make expenditures in excess of $500 on behalf of or in
13 opposition to any candidate or public question on the ballot at
14 the general primary election shall not be required to file the
15 report prescribed in this subsection unless the committee makes
16 an expenditure in excess of $500 on behalf of or in opposition
17 to any candidate or public question on the ballot at the
18 general primary election. The committee shall timely file the
19 report required under this subsection beginning with the date
20 the expenditure that triggered participation was made. The
21 State Board shall allow filings of reports of contributions of
22 more than $500 under this subsection (b-5) by political
23 committees that are not required to file electronically to be
24 made by facsimile transmission. For the purpose of this
25 subsection, a contribution is considered received on the date
26 the public official, candidate, or political committee (or

 

 

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1 equivalent person in the case of a reporting entity other than
2 a political committee) actually receives it or, in the case of
3 goods or services, 2 business days after the date the public
4 official, candidate, committee, or other reporting entity
5 receives the certification required under subsection (b) of
6 Section 9-6. Failure to report each contribution is a separate
7 violation of this subsection. In the final disposition of any
8 matter by the Board on or after the effective date of this
9 amendatory Act of the 93rd General Assembly, the Board may
10 impose fines for violations of this subsection not to exceed
11 100% of the total amount of the contributions that were
12 untimely reported, but in no case when a fine is imposed shall
13 it be less than 10% of the total amount of the contributions
14 that were untimely reported. When considering the amount of the
15 fine to be imposed, the Board shall consider, but is not
16 limited to, the following factors:
17         (1) whether in the Board's opinion the violation was
18     committed inadvertently, negligently, knowingly, or
19     intentionally;
20         (2) the number of days the contribution was reported
21     late; and
22         (3) past violations of Sections 9-3 and 9-10 of this
23     Article by the committee.
24     (c) In addition to such reports the treasurer of every
25 political committee shall file semi-annual reports of campaign
26 contributions and expenditures no later than July 20th,

 

 

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1 covering the period from January 1st through June 30th
2 immediately preceding, and no later than January 20th, covering
3 the period from July 1st through December 31st of the preceding
4 calendar year. Reports of contributions and expenditures must
5 be filed to cover the prescribed time periods even though no
6 contributions or expenditures may have been received or made
7 during the period. The Board shall assess a civil penalty not
8 to exceed $5,000 for a violation of this subsection, except
9 that for State officers and candidates and political committees
10 formed for statewide office, the civil penalty may not exceed
11 $10,000. The fine, however, shall not exceed $500 for a first
12 filing violation for filing less than 10 days after the
13 deadline. There shall be no fine if the report is mailed and
14 postmarked at least 72 hours prior to the filing deadline. For
15 the purpose of this subsection, "statewide office" and "State
16 officer" means the Governor, Lieutenant Governor, Attorney
17 General, Secretary of State, Comptroller, and Treasurer.
18     (c-5) A political committee that acts as either (i) a State
19 and local political committee or (ii) a local political
20 committee and that files reports electronically under Section
21 9-28 is not required to file copies of the reports with the
22 appropriate county clerk if the county clerk has a system that
23 permits access to, and duplication of, reports that are filed
24 with the State Board of Elections. A State and local political
25 committee or a local political committee shall file with the
26 county clerk a copy of its statement of organization pursuant

 

 

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1 to Section 9-3.
2     (d) A copy of each report or statement filed under this
3 Article shall be preserved by the person filing it for a period
4 of two years from the date of filing.
5 (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957,
6 eff. 1-1-09.)
 
7     Section 10. The General Assembly Compensation Act is
8 amended by changing Section 4 as follows:
 
9     (25 ILCS 115/4)  (from Ch. 63, par. 15.1)
10     Sec. 4. Office allowance. Beginning July 1, 2001, each
11 member of the House of Representatives is authorized to approve
12 the expenditure of not more than $61,000 per year and each
13 member of the Senate is authorized to approve the expenditure
14 of not more than $73,000 per year to pay for "personal
15 services", "contractual services", "commodities", "printing",
16 "travel", "operation of automotive equipment",
17 "telecommunications services", as defined in the State Finance
18 Act, and the compensation of one or more legislative assistants
19 authorized pursuant to this Section, in connection with his or
20 her legislative duties and not in connection with any political
21 campaign. On July 1, 2002 and on July 1 of each year
22 thereafter, the amount authorized per year under this Section
23 for each member of the Senate and each member of the House of
24 Representatives shall be increased by a percentage increase

 

 

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1 equivalent to the lesser of (i) the increase in the designated
2 cost of living index or (ii) 5%. The designated cost of living
3 index is the index known as the "Employment Cost Index, Wages
4 and Salaries, By Occupation and Industry Groups: State and
5 Local Government Workers: Public Administration" as published
6 by the Bureau of Labor Statistics of the U.S. Department of
7 Labor for the calendar year immediately preceding the year of
8 the respective July 1st increase date. The increase shall be
9 added to the then current amount, and the adjusted amount so
10 determined shall be the annual amount beginning July 1 of the
11 increase year until July 1 of the next year. No increase under
12 this provision shall be less than zero.
13     A member may purchase office equipment if the member
14 certifies to the Secretary of the Senate or the Clerk of the
15 House, as applicable, that the purchase price, whether paid in
16 lump sum or installments, amounts to less than would be charged
17 for renting or leasing the equipment over its anticipated
18 useful life. All such equipment must be purchased through the
19 Secretary of the Senate or the Clerk of the House, as
20 applicable, for proper identification and verification of
21 purchase.
22     Each member of the General Assembly is authorized to employ
23 one or more legislative assistants, who shall be solely under
24 the direction and control of that member, for the purpose of
25 assisting the member in the performance of his or her official
26 duties. A legislative assistant may be employed pursuant to

 

 

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1 this Section as a full-time employee, part-time employee, or
2 contractual employee, at the discretion of the member. If
3 employed as a State employee, a legislative assistant shall
4 receive employment benefits on the same terms and conditions
5 that apply to other employees of the General Assembly. Each
6 member shall adopt and implement personnel policies for
7 legislative assistants under his or her direction and control
8 relating to work time requirements, documentation for
9 reimbursement for travel on official State business,
10 compensation, and the earning and accrual of State benefits for
11 those legislative assistants who may be eligible to receive
12 those benefits. The policies shall also require legislative
13 assistants to periodically submit time sheets documenting, in
14 quarter-hour increments, the time spent each day on official
15 State business. The policies shall require the time sheets to
16 be submitted on paper, electronically, or both and to be
17 maintained in either paper or electronic format by the
18 applicable fiscal office for a period of at least 2 years.
19 Contractual employees may satisfy the time sheets requirement
20 by complying with the terms of their contract, which shall
21 provide for a means of compliance with this requirement. A
22 member may satisfy the requirements of this paragraph by
23 adopting and implementing the personnel policies promulgated
24 by that member's legislative leader under the State Officials
25 and Employees Ethics Act with respect to that member's
26 legislative assistants.

 

 

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1     As used in this Section the term "personal services" shall
2 include contributions of the State under the Federal Insurance
3 Contribution Act and under Article 14 of the Illinois Pension
4 Code. As used in this Section the term "contractual services"
5 shall not include improvements to real property unless those
6 improvements are the obligation of the lessee under the lease
7 agreement. Beginning July 1, 1989, as used in the Section, the
8 term "travel" shall be limited to travel in connection with a
9 member's legislative duties and not in connection with any
10 political campaign. Beginning on the effective date of this
11 amendatory Act of the 93rd General Assembly, as used in this
12 Section, the term "printing" includes, but is not limited to,
13 newsletters, brochures, certificates, congratulatory mailings,
14 greeting or welcome messages, anniversary or birthday cards,
15 and congratulations for prominent achievement cards. As used in
16 this Section, the term "printing" includes fees for
17 non-substantive resolutions charged by the Clerk of the House
18 of Representatives under subsection (c-5) of Section 1 of the
19 Legislative Materials Act. No newsletter or brochure that is
20 paid for, in whole or in part, with funds provided under this
21 Section may be printed or mailed during a period beginning
22 April December 15 of the year of preceding a general primary
23 election and ending the day after the general primary election
24 and during a period beginning September 1 of the year of a
25 general election and ending the day after the general election,
26 except that such a newsletter or brochure may be mailed during

 

 

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1 those times if it is mailed to a constituent in response to
2 that constituent's inquiry concerning the needs of that
3 constituent or questions raised by that constituent. Nothing in
4 this Section shall be construed to authorize expenditures for
5 lodging and meals while a member is in attendance at sessions
6 of the General Assembly.
7     Any utility bill for service provided to a member's
8 district office for a period including portions of 2
9 consecutive fiscal years may be paid from funds appropriated
10 for such expenditure in either fiscal year.
11     If a vacancy occurs in the office of Senator or
12 Representative in the General Assembly, any office equipment in
13 the possession of the vacating member shall transfer to the
14 member's successor; if the successor does not want such
15 equipment, it shall be transferred to the Secretary of the
16 Senate or Clerk of the House of Representatives, as the case
17 may be, and if not wanted by other members of the General
18 Assembly then to the Department of Central Management Services
19 for treatment as surplus property under the State Property
20 Control Act. Each member, on or before June 30th of each year,
21 shall conduct an inventory of all equipment purchased pursuant
22 to this Act. Such inventory shall be filed with the Secretary
23 of the Senate or the Clerk of the House, as the case may be.
24 Whenever a vacancy occurs, the Secretary of the Senate or the
25 Clerk of the House, as the case may be, shall conduct an
26 inventory of equipment purchased.

 

 

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1     In the event that a member leaves office during his or her
2 term, any unexpended or unobligated portion of the allowance
3 granted under this Section shall lapse. The vacating member's
4 successor shall be granted an allowance in an amount, rounded
5 to the nearest dollar, computed by dividing the annual
6 allowance by 365 and multiplying the quotient by the number of
7 days remaining in the fiscal year.
8     From any appropriation for the purposes of this Section for
9 a fiscal year which overlaps 2 General Assemblies, no more than
10 1/2 of the annual allowance per member may be spent or
11 encumbered by any member of either the outgoing or incoming
12 General Assembly, except that any member of the incoming
13 General Assembly who was a member of the outgoing General
14 Assembly may encumber or spend any portion of his annual
15 allowance within the fiscal year.
16     The appropriation for the annual allowances permitted by
17 this Section shall be included in an appropriation to the
18 President of the Senate and to the Speaker of the House of
19 Representatives for their respective members. The President of
20 the Senate and the Speaker of the House shall voucher for
21 payment individual members' expenditures from their annual
22 office allowances to the State Comptroller, subject to the
23 authority of the Comptroller under Section 9 of the State
24 Comptroller Act.
25 (Source: P.A. 95-6, eff. 6-20-07.)
 

 

 

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1     Section 15. The Legislative Commission Reorganization Act
2 of 1984 is amended by changing Section 9-2.5 as follows:
 
3     (25 ILCS 130/9-2.5)
4     Sec. 9-2.5. Newsletters and brochures. The Legislative
5 Printing Unit may not print for any member of the General
6 Assembly any newsletters or brochures during the period
7 beginning December 15 of the year preceding a general primary
8 election and ending the day after the general primary election
9 and during a period beginning September 1 of the year of a
10 general election and ending the day after the general election.
11 A member of the General Assembly may not mail, during a period
12 beginning April December 15 of the year of preceding a general
13 primary election and ending the day after the general primary
14 election and during a period beginning September 1 of the year
15 of a general election and ending the day after the general
16 election, any newsletters or brochures that were printed, at
17 any time, by the Legislative Printing Unit, except that such a
18 newsletter or brochure may be mailed during those times if it
19 is mailed to a constituent in response to that constituent's
20 inquiry concerning the needs of that constituent or questions
21 raised by that constituent.
22 (Source: P.A. 95-6, eff. 6-20-07.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.