Illinois General Assembly - Full Text of SB1902
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Full Text of SB1902  102nd General Assembly

SB1902 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1902

 

Introduced 2/26/2021, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-7  from Ch. 46, par. 9-7
10 ILCS 5/9-13  from Ch. 46, par. 9-13

    Amends the Election Code. Beginning on January 1, 2022, requires the treasurer of a political committee to preserve certain records and accounts required by the Code for a period of 7 years (rather than a period of 2 years). Includes in the reasons the State Board of Elections may order a political committee to conduct an audit of its financial records: (1) sworn testimony or sentence entered upon a plea of guilty by a candidate or political committee officer admitting to certain conduct constituting a violation of the Code, (2) conviction of a candidate or political committee officer for a crime relating to misuse of political committee funds or for certain violations of the Code, (3) failure to comply with a Board order requiring certain filings, or (4) filing of a statement of organization by a political committee composed of one or more officers of, or formed for the same purpose as, or for the support of the candidacy of the same person as, a former political committee that was administratively terminated by the Board in the last 24 months. Provides that for certain audits the audit period shall be within the discretion of the Board but may not exceed 7 years from the close of the most recent reporting period. Effective immediately.


LRB102 14544 SMS 19897 b

 

 

A BILL FOR

 

SB1902LRB102 14544 SMS 19897 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
5Sections 9-7 and 9-13 as follows:
 
6    (10 ILCS 5/9-7)  (from Ch. 46, par. 9-7)
7    Sec. 9-7. Records and accounts.
8    (1) Except as provided in subsection (2), the treasurer of
9a political committee shall keep a detailed and exact account
10of-
11        (a) the total of all contributions made to or for the
12    committee;
13        (b) the full name and mailing address of every person
14    making a contribution and the date and amount thereof;
15        (c) the total of all expenditures made by or on behalf
16    of the committee;
17        (d) the full name and mailing address of every person
18    to whom any expenditure is made, and the date and amount
19    thereof;
20        (e) proof of payment, stating the particulars, for
21    every expenditure made by or on behalf of the committee.
22    Before January 1, 2022, the treasurer shall preserve all
23records and accounts required by this Section for a period of 2

 

 

SB1902- 2 -LRB102 14544 SMS 19897 b

1years. Beginning on January 1, 2022, the treasurer shall
2preserve all records and accounts required by this Section for
3a period of 7 years.
4The treasurer shall preserve all records and accounts required
5by this section for a period of 2 years.
6    (2) The treasurer of a political committee shall keep a
7detailed and exact account of the total amount of
8contributions made to or for a committee at an event licensed
9under Section 8.1 of the Raffles and Poker Runs Act. For an
10event licensed under Section 8.1, the treasurer is not
11required to keep a detailed and exact account of the full name
12and mailing address of a person who purchases tickets at the
13event in an amount that does not exceed $150.
14(Source: P.A. 97-766, eff. 7-6-12; 98-644, eff. 6-10-14.)
 
15    (10 ILCS 5/9-13)  (from Ch. 46, par. 9-13)
16    Sec. 9-13. Audits of political committees.
17    (a) The Board shall have the authority to order a
18political committee to conduct an audit of the financial
19records required to be maintained by the committee to ensure
20compliance with Sections 9-8.5 and 9-10. Audits ordered by the
21Board shall be conducted as provided in this Section and as
22provided by Board rule.
23    (b) The Board may order a political committee to conduct
24an audit of its financial records for any of the following
25reasons:

 

 

SB1902- 3 -LRB102 14544 SMS 19897 b

1                (i) a discrepancy between the ending balance
2            of a reporting period and the beginning balance of
3            the next reporting period,
4                (ii) failure to account for previously
5            reported investments or loans, or
6                (iii) a discrepancy between reporting
7            contributions received by or expenditures made for
8            a political committee that are reported by another
9            political committee, except the Board shall not
10            order an audit pursuant to this item (iii) unless
11            there is a willful pattern of inaccurate reporting
12            or there is a pattern of similar inaccurate
13            reporting involving similar contributions by the
14            same contributor, .
15                (iv) sworn testimony or sentence entered upon
16            a plea of guilty by a candidate or political
17            committee officer admitting to conduct
18            constituting a violation of Article 9,
19                (v) conviction of a candidate or political
20            committee officer for a crime relating to misuse
21            of political committee funds or for a violation of
22            Article 9,
23                (vi) failure to comply with a Board order
24            requiring filing or amendment of any report
25            contemplated by Article 9, or
26                (vii) filing of a statement of organization

 

 

SB1902- 4 -LRB102 14544 SMS 19897 b

1            pursuant to Section 9-3 by a political committee
2            composed of one or more officers of, or formed for
3            the same purpose as, or for the support of the
4            candidacy of the same person as, a former
5            political committee that was administratively
6            terminated by the Board in the last 24 months.
7     Prior to ordering an audit, the Board shall afford the
8political committee due notice and an opportunity for a closed
9preliminary hearing. A political committee shall hire an
10entity qualified to perform an audit; except, a political
11committee shall not hire a person that has contributed to the
12political committee during the previous 4 years.
13    (c) In each calendar year, the Board shall randomly order
14no more than 3% of registered political committees to conduct
15an audit. The Board shall establish a standard, scientific
16method of selecting the political committees that are to be
17audited so that every political committee has an equal
18mathematical chance of being selected.
19    (d) Upon receipt of notification from the Board ordering
20an audit, a political committee shall conduct an audit of the
21financial records required to be maintained by the committee
22to ensure compliance with the contribution limitations
23established in Section 9-8.5 and the reporting requirements
24established in Section 9-3 and Section 9-10 for a period of 2
25years from the close of the most recent reporting period or the
26period since the committee was previously ordered to conduct

 

 

SB1902- 5 -LRB102 14544 SMS 19897 b

1an audit, whichever is shorter, except that for committees
2ordered to conduct an audit under subsection (b), the audit
3period shall be within the discretion of the Board but may not
4exceed 7 years from the close of the most recent reporting
5period. The entity performing the audit shall review the
6amount of funds and investments maintained by the political
7committee and ensure the financial records accurately account
8for any contributions and expenditures made by the political
9committee. A certified copy of the audit shall be delivered to
10the Board within 60 calendar days after receipt of notice from
11the Board, unless the Board grants an extension to complete
12the audit. A political committee ordered to conduct an audit
13through the random selection process shall not be required to
14conduct another audit for a minimum of 5 years unless the Board
15has reason to believe the political committee is in violation
16of Section 9-3, 9-8.5, or 9-10.
17    (e) The Board shall not disclose the name of any political
18committee ordered to conduct an audit or any documents in
19possession of the Board related to an audit unless, after
20review of the audit findings, the Board has reason to believe
21the political committee is in violation of Section 9-3, 9-8.5,
22or 9-10 and the Board imposed a fine.
23    (f) Failure to deliver a certified audit in a timely
24manner is a business offense punishable by a fine of $250 per
25day that the audit is late, up to a maximum of $5,000.
26(Source: P.A. 100-784, eff. 8-10-18.)
 

 

 

SB1902- 6 -LRB102 14544 SMS 19897 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.