Full Text of HB0007 96th General Assembly
HB0007 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0007
Introduced 1/14/2009, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
|
10 ILCS 5/9-1 |
from Ch. 46, par. 9-1 |
10 ILCS 5/9-1.4 |
from Ch. 46, par. 9-1.4 |
10 ILCS 5/9-1.5 |
from Ch. 46, par. 9-1.5 |
10 ILCS 5/9-1.7 | from Ch. 46, par. 9-1.7 |
10 ILCS 5/9-1.8 | from Ch. 46, par. 9-1.8 |
10 ILCS 5/9-1.9 | from Ch. 46, par. 9-1.9 |
10 ILCS 5/9-1.15 new |
|
10 ILCS 5/9-10 |
from Ch. 46, par. 9-10 |
|
Amends the Election Code. With respect to the disclosure of campaign finances, redefines contributions and expenditures that must be reported to include those accepted or made in connection with the legal defense of a candidate for or holder of a State or local elective office. Defines legal defense as relating to various offenses against public officials, employees, and entities at any level of government, infamous crimes, and offenses reflecting upon the candidate's or official's character, honesty, integrity, and ability. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB0007 |
|
LRB096 02943 JAM 12957 b |
|
| 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 9-1, 9-1.4, 9-1.5, 9-1.7, 9-1.8, 9-1.9, and 9-10 and | 6 |
| by adding Section 9-1.15 as follows:
| 7 |
| (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
| 8 |
| Sec. 9-1.
As used in this Article, unless the context | 9 |
| otherwise requires,
the terms defined in Sections 9-1.1 through | 10 |
| 9-1.15 9-1.13 , have the respective
meanings as defined in those | 11 |
| Sections.
| 12 |
| (Source: P.A. 86-873.)
| 13 |
| (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
| 14 |
| Sec. 9-1.4. "Contribution" means-
| 15 |
| (1) a gift, subscription, donation, dues, loan, advance, or | 16 |
| deposit
of money or anything of value, knowingly received in | 17 |
| connection with the
nomination for election, or election, of | 18 |
| any person to public office, in
connection with the election of | 19 |
| any person as ward or township committeeman in
counties of | 20 |
| 3,000,000 or more population, in connection with the legal | 21 |
| defense of a candidate or public official, or
in connection | 22 |
| with any question of public policy;
|
|
|
|
HB0007 |
- 2 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| (1.5) a gift, subscription, donation, dues, loan, advance, | 2 |
| deposit of money, or anything of value that constitutes an | 3 |
| electioneering communication regardless of whether the | 4 |
| communication is made in concert or cooperation with or at the | 5 |
| request, suggestion, or knowledge of a candidate, a candidate's | 6 |
| authorized local political committee, a State political | 7 |
| committee, a political committee in support of or opposition to | 8 |
| a question of public policy, or any of their agents;
| 9 |
| (2) the purchase of tickets for fund-raising events, | 10 |
| including but
not limited to dinners, luncheons, cocktail | 11 |
| parties, and rallies made in
connection with the nomination for | 12 |
| election, or election, of any person
to public office, in | 13 |
| connection with the election of any person as ward or
township | 14 |
| committeeman in counties of 3,000,000 or more population, in | 15 |
| connection with the legal defense of a candidate or public | 16 |
| official, or in
connection with any question of public policy;
| 17 |
| (3) a transfer of funds between political committees; and
| 18 |
| (4) the services of an employee donated by an employer, in | 19 |
| which
case the contribution shall be listed in the name of the | 20 |
| employer,
except that any individual services provided | 21 |
| voluntarily and without
promise or expectation of compensation | 22 |
| from any source shall not be deemed
a contribution; but
| 23 |
| (5) does not include--
| 24 |
| (a) the use of real or personal property and the cost | 25 |
| of invitations,
food,
and beverages, voluntarily provided | 26 |
| by an individual in rendering voluntary
personal services |
|
|
|
HB0007 |
- 3 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| on the individual's residential premises for
| 2 |
| candidate-related
activities; provided the value of the | 3 |
| service provided does not exceed an
aggregate of $150 in a | 4 |
| reporting period;
| 5 |
| (b) the sale of any food or beverage by a vendor for | 6 |
| use in a candidate's
campaign at a charge less than the | 7 |
| normal comparable charge, if such charge
for use in a | 8 |
| candidate's campaign is at least equal to the cost of such
| 9 |
| food or beverage to the vendor.
| 10 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 11 |
| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | 12 |
| Sec. 9-1.5. Expenditure defined. | 13 |
| "Expenditure" means-
| 14 |
| (1) a payment, distribution, purchase, loan, advance, | 15 |
| deposit, or
gift of money or anything of value, in connection | 16 |
| with the nomination
for election, or election, of any person to | 17 |
| public office, in connection with
the election of any person as | 18 |
| ward or township committeeman in counties of
3,000,000 or more | 19 |
| population, in connection with the legal defense of a candidate | 20 |
| or public official, or in
connection with any question of | 21 |
| public policy.
"Expenditure" also includes a payment, | 22 |
| distribution, purchase, loan,
advance, deposit, or gift of
| 23 |
| money or anything of value that constitutes an electioneering | 24 |
| communication
regardless of whether the communication is made | 25 |
| in concert or cooperation with
or at the request, suggestion, |
|
|
|
HB0007 |
- 4 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| or knowledge of a candidate, a candidate's
authorized
local | 2 |
| political committee, a State political committee, a political | 3 |
| committee in support of or opposition to a question of public | 4 |
| policy, or any of their
agents.
However, expenditure does not
| 5 |
| include -
| 6 |
| (a) the use of real or personal property and the cost | 7 |
| of invitations,
food,
and beverages, voluntarily provided | 8 |
| by an individual in rendering voluntary
personal services | 9 |
| on the individual's
residential premises for | 10 |
| candidate-related activities; provided the value
of the | 11 |
| service provided does not exceed an aggregate of $150 in a | 12 |
| reporting
period;
| 13 |
| (b) the sale of any food or beverage by a vendor for | 14 |
| use in a candidate's
campaign at a charge less than the | 15 |
| normal comparable charge, if such charge
for use in a | 16 |
| candidate's
campaign is at least equal to the cost of such | 17 |
| food or beverage to the vendor.
| 18 |
| (2) a transfer of funds between political committees.
| 19 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 20 |
| 93-847, eff. 7-30-04.)
| 21 |
| (10 ILCS 5/9-1.7)
(from Ch. 46, par. 9-1.7)
| 22 |
| Sec. 9-1.7. "Local political committee" means the | 23 |
| candidate himself or any
individual, trust, partnership, | 24 |
| committee, association, corporation, or
other organization or | 25 |
| group of persons which:
|
|
|
|
HB0007 |
- 5 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| (a) accepts contributions or grants or makes | 2 |
| expenditures during any
12-month period in an aggregate | 3 |
| amount exceeding $3,000 on behalf of or in
opposition to a | 4 |
| candidate or candidates for public office who are required
| 5 |
| by the Illinois Governmental Ethics Act to file statements | 6 |
| of economic
interests with the county clerk,
or on behalf | 7 |
| of or in opposition to a candidate or candidates for | 8 |
| election to
the office of ward or township committeeman in | 9 |
| counties of 3,000,000 or more
population , or in connection | 10 |
| with the legal defense of a candidate or public official | 11 |
| who is required by the Illinois Governmental Ethics Act to | 12 |
| file a statement of economic interests with the county | 13 |
| clerk ;
| 14 |
| (b) accepts contributions or makes expenditures during | 15 |
| any 12-month
period in an aggregate amount exceeding $3,000 | 16 |
| in support of or in
opposition to any question of public | 17 |
| policy to be submitted to the electors
of an area | 18 |
| encompassing no more than one county. The $3,000 threshold | 19 |
| established in this paragraph (b) applies to any receipts | 20 |
| or expenditures received or made with the purpose of | 21 |
| securing a place on the ballot for, advocating the defeat | 22 |
| or passage of, or engaging in electioneering communication | 23 |
| regarding the question of public policy regardless of the | 24 |
| method of initiation of the question of public policy and | 25 |
| regardless of whether petitions have been circulated or | 26 |
| filed with the appropriate office or whether the question |
|
|
|
HB0007 |
- 6 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| has been adopted and certified by the governing body;
| 2 |
| (c) accepts contributions or makes expenditures during | 3 |
| any 12-month
period in an aggregate amount exceeding $3,000 | 4 |
| and has as its primary
purpose the furtherance of | 5 |
| governmental, political or social values, is
organized on a | 6 |
| not-for-profit basis, and which publicly endorses or
| 7 |
| publicly opposes a candidate or candidates for public | 8 |
| office who are
required by the Illinois Governmental Ethics | 9 |
| Act to file statements of
economic interest with the County | 10 |
| Clerk or a candidate or candidates for the
office of ward | 11 |
| or township committeeman in counties of 3,000,000 or more
| 12 |
| population; or
| 13 |
| (d) accepts contributions or makes expenditures during | 14 |
| any 12-month period in an aggregate amount
exceeding $3,000 | 15 |
| for electioneering communications relating to any | 16 |
| candidate or
candidates described in paragraph (a) or any | 17 |
| question of public policy
described in paragraph (b).
| 18 |
| (Source: P.A. 95-963, eff. 1-1-09.)
| 19 |
| (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| 20 |
| Sec. 9-1.8. "State political committee" means the | 21 |
| candidate himself or any
individual, trust, partnership, | 22 |
| committee, association, corporation, or
any other organization | 23 |
| or group of persons which--
| 24 |
| (a) accepts contributions or grants or makes expenditures | 25 |
| during any
12-month period in an aggregate amount exceeding |
|
|
|
HB0007 |
- 7 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| $3,000 (i) on behalf of or
in opposition to a candidate or | 2 |
| candidates for public office who are
required by the Illinois | 3 |
| Governmental Ethics Act to file statements of
economic | 4 |
| interests with the Secretary of State or (ii) in connection | 5 |
| with the legal defense of a candidate or public official who is | 6 |
| required by the Illinois Governmental Ethics Act to file a | 7 |
| statement of economic interests with the Secretary of State ,
| 8 |
| (b) accepts contributions or makes expenditures during any | 9 |
| 12-month
period in an aggregate amount exceeding $3,000 in | 10 |
| support of or in
opposition to any question of public policy to | 11 |
| be submitted to the
electors of an area encompassing more than | 12 |
| one county. The $3,000 threshold established in this paragraph | 13 |
| (b) applies to any receipts or expenditures received or made | 14 |
| with the purpose of securing a place on the ballot for, | 15 |
| advocating the defeat or passage of, or engaging in | 16 |
| electioneering communication regarding the question of public | 17 |
| policy regardless of the method of initiation of the question | 18 |
| of public policy and regardless of whether petitions have been | 19 |
| circulated or filed with the appropriate office or whether the | 20 |
| question has been adopted and certified by the governing body,
| 21 |
| (c) accepts contributions or makes expenditures during any | 22 |
| 12-month
period in an aggregate amount exceeding $3,000 and has | 23 |
| as its primary purpose
the
furtherance of governmental, | 24 |
| political or social values, is organized on
a not-for-profit | 25 |
| basis, and which publicly endorses or publicly opposes
a | 26 |
| candidate or candidates for public office who are required by |
|
|
|
HB0007 |
- 8 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| the
Illinois Governmental Ethics Act to file statements of | 2 |
| economic interest
with the Secretary of State, or
| 3 |
| (d) accepts contributions or makes expenditures during any | 4 |
| 12-month period in an aggregate amount
exceeding $3,000 for | 5 |
| electioneering communications relating to any candidate or
| 6 |
| candidates described in paragraph (a) or any question of public | 7 |
| policy
described in paragraph (b).
| 8 |
| (Source: P.A. 95-963, eff. 1-1-09.)
| 9 |
| (10 ILCS 5/9-1.9)
(from Ch. 46, par. 9-1.9)
| 10 |
| Sec. 9-1.9. "Political committee" includes State central | 11 |
| and county central committees
of any political party, and also | 12 |
| includes local political committees and state
political | 13 |
| committees, but does not include any candidate who does not
| 14 |
| accept contributions or make expenditures during any 12-month | 15 |
| period in
an aggregate amount exceeding $3,000, nor does it | 16 |
| include, with
the exception
of State central and county central | 17 |
| committees of any political party, any
individual, trust, | 18 |
| partnership, committee, association, corporation, or
any other | 19 |
| organization or group of persons which does not (i) accept
| 20 |
| contributions or make expenditures during any 12-month period | 21 |
| in an
aggregate amount exceeding $3,000 on behalf of or in | 22 |
| opposition
to a
candidate or candidates or to any question of | 23 |
| public policy , or (ii)
accept contributions or make | 24 |
| expenditures during any
12-month period in an aggregate amount | 25 |
| exceeding $3,000 for electioneering
communications relating to |
|
|
|
HB0007 |
- 9 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| any candidate or candidates described in paragraph
(a) of | 2 |
| Section 9-1.7 or 9-1.8 or any question of public policy | 3 |
| described in
paragraph (b) of Section 9-1.7 or 9-1.8, or (iii) | 4 |
| accept contributions or make expenditures during any 12-month | 5 |
| period in an aggregate amount exceeding $3,000 in connection | 6 |
| with the legal defense of a candidate or public official, and | 7 |
| such candidates and persons
shall not
be
required to comply | 8 |
| with any filing provisions in this Article.
| 9 |
| (Source: P.A. 93-847, eff. 7-30-04.)
| 10 |
| (10 ILCS 5/9-1.15 new) | 11 |
| Sec. 9-1.15. Legal defense of a candidate or public | 12 |
| official. "Legal defense of a candidate or public official" | 13 |
| means the obtaining, providing, or financially assisting with | 14 |
| the obtaining or providing of legal counsel, representation, | 15 |
| services, advice, opinion, or guidance for a candidate or | 16 |
| public official in connection with: (i) an offense involving | 17 |
| fraud against a public entity, bribery of an officer or | 18 |
| employee of a public entity, official misconduct, or inducement | 19 |
| of an officer or employee of a public entity to commit official | 20 |
| misconduct; (ii) any other infamous crime under State or | 21 |
| federal law; or (iii) any other offense that reflects upon the | 22 |
| candidate's or official's character, honesty, integrity, or | 23 |
| ability to qualify for or hold public office. | 24 |
| For the purpose of this Section, "public entity" means any | 25 |
| entity authorized or established by constitution, law, |
|
|
|
HB0007 |
- 10 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| executive order, resolution, or ordinance in the executive, | 2 |
| legislative, or judicial branch of government at the federal, | 3 |
| State, or local level. | 4 |
| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 5 |
| Sec. 9-10. Financial reports.
| 6 |
| (a) The treasurer of every state political committee and | 7 |
| the
treasurer of every local political committee shall file | 8 |
| with the
Board, and the treasurer of every local political | 9 |
| committee shall file
with the county clerk, reports of campaign | 10 |
| contributions, and semi-annual
reports of campaign | 11 |
| contributions and expenditures on forms to be
prescribed or | 12 |
| approved by the Board. The treasurer of every political
| 13 |
| committee that acts as both a state political committee and a | 14 |
| local
political committee shall file a copy of each report with | 15 |
| the State Board
of Elections and the county clerk.
Entities | 16 |
| subject to Section 9-7.5 shall file reports required by
that | 17 |
| Section at times
provided in this Section and are subject to | 18 |
| the penalties provided in this
Section.
| 19 |
| (b) This subsection does not apply with respect to general | 20 |
| primary elections. Reports of campaign contributions shall be | 21 |
| filed no later than the
15th day next preceding each election | 22 |
| in
connection with which the political committee has accepted | 23 |
| or is
accepting contributions or has made or is making | 24 |
| expenditures. Such
reports shall be complete as of the 30th day | 25 |
| next preceding each election. The Board shall assess a civil |
|
|
|
HB0007 |
- 11 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| penalty not to
exceed $5,000 for a violation of this | 2 |
| subsection, except that for State
officers and candidates
and | 3 |
| political
committees formed for statewide office, the civil
| 4 |
| penalty may not exceed $10,000.
The fine, however, shall not | 5 |
| exceed $500 for a
first filing violation for filing less than | 6 |
| 10 days after the deadline.
There shall be no fine if the | 7 |
| report is mailed and postmarked at least 72 hours
prior to the | 8 |
| filing deadline.
For the purpose of this subsection, "statewide
| 9 |
| office" and "State officer" means the Governor, Lieutenant | 10 |
| Governor, Attorney
General,
Secretary of State,
Comptroller, | 11 |
| and Treasurer. However, a
continuing political committee that | 12 |
| does not make an expenditure or
expenditures in an aggregate | 13 |
| amount of more than $500 (A) on behalf of or in opposition to | 14 |
| any (i) candidate or candidates, (ii) public
question or | 15 |
| questions, or (iii) candidate or candidates and public question | 16 |
| or questions on the ballot at an election or (B) in connection | 17 |
| with the legal defense of a candidate or public official shall | 18 |
| not be required to file the
reports prescribed in this | 19 |
| subsection (b) and subsection (b-5) but may file in lieu | 20 |
| thereof a Statement of
Nonparticipation in the Election with | 21 |
| the Board or the Board and the county
clerk ; except that if | 22 |
| the political committee, by the terms of its statement of | 23 |
| organization filed in accordance with this Article, is | 24 |
| organized to support or oppose a candidate or public question | 25 |
| on the ballot at the next election or primary, that committee | 26 |
| must file reports required by this subsection (b) and by |
|
|
|
HB0007 |
- 12 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| subsection (b-5).
| 2 |
| (b-5) Notwithstanding the provisions of subsection (b) and
| 3 |
| Section 1.25 of the Statute on Statutes, any contribution
of | 4 |
| more than $500 received (i) with respect to elections other | 5 |
| than the general primary election, in the interim between the | 6 |
| last date
of the period
covered by the last report filed under | 7 |
| subsection (b) prior to the election and
the date of the | 8 |
| election or (ii) with respect to general primary elections, in | 9 |
| the period beginning January 1 of the year of the general | 10 |
| primary election and prior to the date of the general primary | 11 |
| election shall be filed with and must actually be received by
| 12 |
| the State Board of Elections within 2 business days after
| 13 |
| receipt of such contribution. A continuing political committee | 14 |
| that does not support or oppose a candidate or public question | 15 |
| on the ballot at a general primary election and does not make | 16 |
| expenditures in excess of $500 on behalf of or in opposition to | 17 |
| any candidate or public question on the ballot at the general | 18 |
| primary election shall not be required to file the report | 19 |
| prescribed in this subsection unless the committee makes an | 20 |
| expenditure in excess of $500 on behalf of or in opposition to | 21 |
| any candidate or public question on the ballot at the general | 22 |
| primary election. The committee shall timely file the report | 23 |
| required under this subsection beginning with the date the | 24 |
| expenditure that triggered participation was made.
The State | 25 |
| Board shall allow filings of reports of contributions of more | 26 |
| than
$500 under this subsection (b-5) by political committees |
|
|
|
HB0007 |
- 13 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| that are not
required to file electronically to be made by
| 2 |
| facsimile transmission.
For the purpose of this subsection, a | 3 |
| contribution is considered
received on the date the public | 4 |
| official, candidate, or political committee (or
equivalent | 5 |
| person
in the case of a
reporting entity other than a political | 6 |
| committee) actually receives it or, in
the case of goods or | 7 |
| services, 2 business days after the date the public
official,
| 8 |
| candidate, committee,
or other reporting entity receives the | 9 |
| certification required under subsection
(b) of Section 9-6.
| 10 |
| Failure to report
each contribution is a separate violation of | 11 |
| this subsection. In the final
disposition of any matter by the | 12 |
| Board on or after the effective date of this
amendatory Act of | 13 |
| the 93rd General Assembly, the Board
may
impose fines for | 14 |
| violations of this subsection not to exceed 100% of the
total
| 15 |
| amount of the contributions that were untimely reported, but in | 16 |
| no case when a
fine is imposed shall it be less
than 10% of the | 17 |
| total amount of the contributions that were untimely
reported.
| 18 |
| When considering the amount of the fine to be imposed, the | 19 |
| Board shall
consider, but is not limited to, the following | 20 |
| factors:
| 21 |
| (1) whether in the Board's opinion the violation was | 22 |
| committed
inadvertently,
negligently, knowingly, or | 23 |
| intentionally;
| 24 |
| (2) the number of days the contribution was reported | 25 |
| late; and
| 26 |
| (3) past violations of Sections 9-3 and 9-10 of this |
|
|
|
HB0007 |
- 14 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| Article by the
committee.
| 2 |
| (c) In addition to such reports the treasurer of every | 3 |
| political
committee shall file semi-annual reports of campaign | 4 |
| contributions and
expenditures no later than July 20th, | 5 |
| covering the period from January 1st
through June 30th | 6 |
| immediately preceding, and no later than January 20th,
covering | 7 |
| the period from July 1st through December 31st of the preceding
| 8 |
| calendar year. Reports of contributions and expenditures must | 9 |
| be filed to
cover the prescribed time periods even though no | 10 |
| contributions or
expenditures may have been received or made | 11 |
| during the period.
The Board shall assess a civil penalty not | 12 |
| to exceed $5,000 for a violation
of this subsection, except | 13 |
| that for State officers and candidates
and political
committees | 14 |
| formed for statewide office, the civil
penalty may not exceed | 15 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 16 |
| filing violation for filing less than 10 days after the | 17 |
| deadline.
There shall be no fine if the report is mailed and | 18 |
| postmarked at least 72 hours
prior to the filing deadline.
For | 19 |
| the purpose of this subsection, "statewide
office" and "State | 20 |
| officer"
means the Governor, Lieutenant Governor, Attorney | 21 |
| General, Secretary
of State,
Comptroller, and Treasurer.
| 22 |
| (c-5) A political committee that acts as either (i) a State | 23 |
| and local
political committee or (ii) a local political | 24 |
| committee and that files reports
electronically under Section | 25 |
| 9-28 is not required to file copies of the reports
with the | 26 |
| appropriate county clerk if the county clerk has a system that
|
|
|
|
HB0007 |
- 15 - |
LRB096 02943 JAM 12957 b |
|
| 1 |
| permits access to, and duplication of, reports that are filed | 2 |
| with the State
Board of Elections. A State and local political | 3 |
| committee or
a local political committee shall file with the | 4 |
| county clerk a copy of its
statement of organization pursuant | 5 |
| to Section 9-3.
| 6 |
| (d) A copy of each report or statement filed under this | 7 |
| Article
shall be
preserved by the person filing it for a period | 8 |
| of two years from the
date of filing.
| 9 |
| (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | 10 |
| eff. 1-1-09.)
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
|
|