093_HB3112

 
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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    Section 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
12    campaign 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
17    with the State Board  of  Elections  and  the  county  clerk.
18    Entities subject to Section 9-7.5 shall file reports required
19    by  that  Section  at  times provided in this Section and are
20    subject to 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
23    including a primary election in  connection  with  which  the
24    political    committee   has   accepted   or   is   accepting
25    contributions or has made or is  making  expenditures.   Such
26    reports  shall  be complete as of the 30th day next preceding
27    each election including a primary election.  The Board  shall
28    assess  a  civil penalty not to exceed $5,000 for a violation
29    of this  subsection,  except  that  for  State  officers  and
30    candidates  and  political  committees  formed  for statewide
31    office, the civil penalty may not exceed $10,000.  The  fine,
 
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 1    however,  shall  not exceed $500 for a first filing violation
 2    for filing less than 10 days after the deadline. There  shall
 3    be no fine if the report is mailed and postmarked at least 72
 4    hours  prior  to the filing deadline. For the purpose of this
 5    subsection, "statewide office" and "State officer" means  the
 6    Governor, Lieutenant Governor, Attorney General, Secretary of
 7    State,  Comptroller,  and  Treasurer.   However, a continuing
 8    political committee that neither  accepts  contributions  nor
 9    makes  expenditures  on  behalf  of  or  in opposition to any
10    candidate or public question on the  ballot  at  an  election
11    shall   not  be  required  to  file  the  reports  heretofore
12    prescribed but may  file  in  lieu  thereof  a  Statement  of
13    Nonparticipation  in the Election with the Board or the Board
14    and the county clerk.
15        (b-5)  Notwithstanding the provisions of subsection  (b),
16    any  contribution  of  $500  or  more received in the interim
17    between the last date of  the  period  covered  by  the  last
18    report  filed  under subsection (b) prior to the election and
19    the date of the election shall be reported within 2  business
20    days  after  its receipt. The State Board shall allow filings
21    under  this  subsection  (b-5)  to  be  made   by   facsimile
22    transmission.   For   the   purpose  of  this  subsection,  a
23    contribution is considered received on the  date  the  public
24    official,  candidate,  or  political committee (or equivalent
25    person in the  case  of  a  reporting  entity  other  than  a
26    political  committee) actually receives it or, in the case of
27    goods or services, 2 days after the date the public official,
28    candidate, committee, or other reporting entity receives  the
29    certification  required  under subsection (b) of Section 9-6.
30    Failure to report each contribution is a  separate  violation
31    of  this  subsection.   The  Board  shall  impose  fines  for
32    violations of this subsection as follows:
33             (1)  if the political committee's or other reporting
34        entity's  total receipts, total expenditures, and balance
 
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 1        remaining at the end of the last  reporting  period  were
 2        each  $5,000  or less, then $100 per business day for the
 3        first violation, $200 per business  day  for  the  second
 4        violation,  and  $300  per business day for the third and
 5        subsequent violations.
 6             (2)  if the political committee's or other reporting
 7        entity's total receipts, total expenditures, and  balance
 8        remaining  at  the  end of the last reporting period were
 9        each more than $5,000, then $200 per business day for the
10        first violation, $400 per business  day  for  the  second
11        violation,  and  $600  per business day for the third and
12        subsequent violations.
13        (c)  In addition to such reports the treasurer  of  every
14    political   committee   shall  file  semi-annual  reports  of
15    campaign contributions and expenditures no  later  than  July
16    31st,  covering the period from January 1st through June 30th
17    immediately  preceding,  and  no  later  than  January  31st,
18    covering the period from July 1st through  December  31st  of
19    the  preceding  calendar  year.  Reports of contributions and
20    expenditures must be  filed  to  cover  the  prescribed  time
21    periods even though no contributions or expenditures may have
22    been  received  or  made  during  the period. The Board shall
23    assess a civil penalty not to exceed $5,000 for  a  violation
24    of  this  subsection,  except  that  for  State  officers and
25    candidates and  political  committees  formed  for  statewide
26    office,  the  civil penalty may not exceed $10,000. The fine,
27    however, shall not exceed $500 for a first  filing  violation
28    for  filing less than 10 days after the deadline. There shall
29    be no fine if the report is mailed and postmarked at least 72
30    hours prior to the filing deadline. For the purpose  of  this
31    subsection,  "statewide office" and "State officer" means the
32    Governor, Lieutenant Governor, Attorney General, Secretary of
33    State, Comptroller, and Treasurer.
34        (c-5)  A political committee that acts as  either  (i)  a
 
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 1    State and local political committee or (ii) a local political
 2    committee and that files reports electronically under Section
 3    9-28  is  not required to file copies of the reports with the
 4    appropriate county clerk if the county  clerk  has  a  system
 5    that  permits access to, and duplication of, reports that are
 6    filed with the State Board of Elections. A  State  and  local
 7    political committee or a local political committee shall file
 8    with the county clerk a copy of its statement of organization
 9    pursuant to Section 9-3.
10        (d)  A  copy of each report or statement filed under this
11    Article shall be preserved by the  person  filing  it  for  a
12    period of two years from the date of filing.
13    (Source: P.A. 90-737, eff. 1-1-99.)

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.