Illinois General Assembly - Full Text of SB2009
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Full Text of SB2009  94th General Assembly

SB2009 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2009

 

Introduced 2/25/2005, by Sen. Dave Sullivan

 

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 neither accepts
7 contributions nor makes expenditures on behalf of or in
8 opposition to any candidate or public question on the ballot at
9 an election shall not be required to file the reports
10 heretofore prescribed but may file in lieu thereof a Statement
11 of Nonparticipation in the Election with the Board or the Board
12 and the county clerk.
13     (b-5) Notwithstanding the provisions of subsection (b) and
14 Section 1.25 of the Statute on Statutes, any contribution of
15 more than $500 received in the interim between the last date of
16 the period covered by the last report filed under subsection
17 (b) prior to the election and the date of the election shall be
18 filed with and must actually be received by the State Board of
19 Elections within 2 business days after receipt of such
20 contribution. The State Board shall allow filings of reports of
21 contributions of more than $500 under this subsection (b-5) by
22 political committees that are not required to file
23 electronically to be made by facsimile transmission. For the
24 purpose of this subsection, a contribution is considered
25 received on the date the public official, candidate, or
26 political committee (or equivalent person in the case of a
27 reporting entity other than a political committee) actually
28 receives it or, in the case of goods or services, 2 business
29 days after the date the public official, candidate, committee,
30 or other reporting entity receives the certification required
31 under 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 93rd 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 Sections 9-3 and 9-10 of this
12     Article by the committee.
13     (b-10) Notwithstanding the provisions of subsection (b)
14 and Section 1.25 of the Statute on Statutes, a report of any
15 contribution of $1,000 or more received at any time by a State
16 executive branch constitutional officer or a political
17 committee organized by or on behalf of that officer that is not
18 otherwise required to be reported under subsection (b-5) shall
19 be filed with and must actually be received by the State Board
20 of Elections within 2 business days after the receipt of such
21 contribution. As used in this subsection, "State executive
22 branch constitutional officer" means the Governor, Lieutenant
23 Governor, Attorney General, Secretary of State, State
24 Comptroller, and State Treasurer. For the purpose of this
25 subsection, a contribution is considered received on the date
26 the officer or political committee actually receives it or, in
27 the case of goods or services, 2 business days after the date
28 the officer or committee receives the certification required
29 under subsection (b) of Section 9-6. Failure to report each
30 contribution is a separate violation of this subsection. In the
31 final disposition of any matter by the Board on or after the
32 effective date of this amendatory Act of the 94th General
33 Assembly, the Board may impose fines for violations of this
34 subsection not to exceed 100% of the total amount of the
35 contributions that were untimely reported, but in no case when
36 a fine is imposed shall it be less than 10% of the total amount

 

 

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

 

 

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1         (1) whether in the Board's opinion the violation was
2     committed inadvertently, negligently, knowingly, or
3     intentionally;
4         (2) the number of days the contribution was reported
5     late; and
6         (3) past violations of this Section and Section 9-3 by
7     the committee.
8     (c) In addition to such reports the treasurer of every
9 political committee shall file semi-annual reports of campaign
10 contributions and expenditures no later than July 31st,
11 covering the period from January 1st through June 30th
12 immediately preceding, and no later than January 31st, covering
13 the period from July 1st through December 31st of the preceding
14 calendar year. Reports of contributions and expenditures must
15 be filed to cover the prescribed time periods even though no
16 contributions or expenditures may have been received or made
17 during the period. The Board shall assess a civil penalty not
18 to exceed $5,000 for a violation of this subsection, except
19 that for State officers and candidates and political committees
20 formed for statewide office, the civil penalty may not exceed
21 $10,000. The fine, however, shall not exceed $500 for a first
22 filing violation for filing less than 10 days after the
23 deadline. There shall be no fine if the report is mailed and
24 postmarked at least 72 hours prior to the filing deadline. For
25 the purpose of this subsection, "statewide office" and "State
26 officer" means the Governor, Lieutenant Governor, Attorney
27 General, Secretary of State, Comptroller, and Treasurer.
28     (c-5) A political committee that acts as either (i) a State
29 and local political committee or (ii) a local political
30 committee and that files reports electronically under Section
31 9-28 is not required to file copies of the reports with the
32 appropriate county clerk if the county clerk has a system that
33 permits access to, and duplication of, reports that are filed
34 with the State Board of Elections. A State and local political
35 committee or a local political committee shall file with the
36 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. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
6 revised 12-17-03.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.