(10 ILCS 5/9-9.5)
Sec. 9-9.5. Disclosures in political communications. (a)
Any political committee, organized under the Election Code, that
makes an expenditure for a pamphlet, circular, handbill, Internet or telephone communication, radio, television,
or print advertisement,
or other communication directed at voters and
mentioning the name of a candidate in the next upcoming election shall ensure
that the name of the political committee paying for any part of the
communication, including, but not limited to, its preparation and distribution,
is
identified clearly within the communication as the payor. This subsection does
not apply to items that are too small to contain the required disclosure.
This subsection does not apply to an expenditure for the preparation, distribution, or publication of any communication directed at constituents of a member of the General Assembly if the expenditure is made by a political committee in accordance with subsection (c) of Section 9-8.10. Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.
Whenever any vendor or other person provides any of the services listed in this subsection, other than any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy, the vendor or person shall keep and maintain records showing the name and address of the person who purchased or requested the services and the amount paid for the services. The records required by this subsection shall be kept for a period of one year after the date upon which payment was received for the services.
(b) Any political committee, organized under this Code,
that makes an expenditure for a pamphlet, circular, handbill,
Internet or telephone communication, radio, television, or
print advertisement, or other communication directed at voters
and (i) mentioning the name of a candidate in the next upcoming
election, without that candidate's permission, or
(ii)
advocating for or against a public policy position shall ensure
that the name of the political committee paying for any part of
the communication, including, but not limited to, its
preparation and distribution, is identified clearly within the
communication. Nothing in this subsection shall require disclosure on
any telephone communication using random sampling or other
scientific survey methods to gauge public opinion for or
against any candidate or question of public policy. (c) A political committee organized under this Code shall
not make an expenditure for any unsolicited telephone call to
the line of a residential telephone customer in this State
using any method to block or otherwise circumvent that
customer's use of a caller identification service.
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
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(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
Sec. 9-10. Disclosure of contributions and expenditures.
(a) The treasurer of every political committee shall file with the
Board reports of campaign contributions and expenditures as required by this Section on forms to be
prescribed or approved by the Board.
(b) Every political committee shall file quarterly reports of campaign contributions, expenditures, and independent expenditures. The reports shall cover the period January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each year. A political committee shall file quarterly reports no later than the 15th day of the month following each period. Reports of contributions and expenditures must be filed to cover the prescribed time periods even though no contributions or expenditures may have been received or made during the period. A report is considered timely filed if it is received by the Board no later than 11:59 p.m. on the deadline or postmarked no later than 3 days prior to the deadline. (c) A political committee shall file a report of any contribution of $1,000 or more electronically with the Board within 5 business days after receipt of the contribution, except that the report shall be filed within 2 business days after receipt if (i) the contribution is received 30 or fewer days before the date of an election and (ii) the political committee supports or opposes a candidate or public question on the ballot at that election or makes expenditures in excess of $500 on behalf of or in opposition to a candidate, candidates, a public question, or public questions on the ballot at that election.
The State Board shall allow filings of reports of contributions of $1,000 or more by political committees that are not required to file electronically to be made by facsimile transmission. It is not a violation of this subsection (c) and a political committee does not need to file a report of a contribution of $1,000 or more if the contribution is received and returned within the same period it is required to be disclosed on a quarterly report. (d) For the purpose of this Section, a contribution is considered received on the date (i) a monetary contribution was deposited in a bank, financial institution, or other repository of funds for the committee, (ii) the date a committee receives notice a monetary contribution was deposited by an entity used to process financial transactions by credit card or other entity used for processing a monetary contribution that was deposited in a bank, financial institution, or other repository of funds for the committee, or (iii) the public official, candidate, or political committee receives the notification of contribution of goods or services as required under subsection (b) of Section 9-6. (e) A political committee that makes independent expenditures of $1,000 or more shall file a report electronically with the Board within 5 business days after making the independent expenditure, except that the report shall be filed within 2 business days after making the independent expenditure during the 60-day period before an election.
(e-5) An independent expenditure committee that makes an independent expenditure supporting or opposing a public official or candidate that, alone or in combination with any other independent expenditure made by that independent expenditure committee supporting or opposing that public official or candidate during the election cycle, equals an aggregate value of more than (i) $250,000 for statewide office or (ii) $100,000 for all other elective offices must file a written disclosure with the State Board of Elections within 2 business days after making any expenditure that results in the independent expenditure committee exceeding the applicable threshold.
(f) A copy of each report or statement filed under this Article
shall be
preserved by the person filing it for a period of two years from the
date of filing.
(g) The Board may assess a civil penalty against a committee for any violation of this Section. The Board shall provide notice of any violation no later than 365 days after the date of the violation and provide the committee with an opportunity to appeal a violation. A committee shall not be fined if notice is not provided as required by this subsection. The fine assessed by the Board for a violation of this Section shall not exceed the amount of the contribution and may be no more than $500 for the first violation, no more than $1,000 for the second violation, no more than $2,000 for a third violation, and no more than $3,000 for any subsequent violations. When determining whether to waive or reduce a fine, the Board shall consider: (1) whether the political committee made an attempt to disclose the contribution and any attempts made to correct the violation; (2) whether the violation was inadvertent, knowingly, or intentional; (3) whether the violation is attributed to a clerical or computer error; (4) the amount of the contribution or total contributions in the report; (5) whether the violation arose from a discrepancy between the date the contribution was reported and the date the contribution was received by a political committee; (6) the number of days the report was submitted late; and (7) any prior violations. (Source: P.A. 102-668, eff. 11-15-21.)
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(10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
Sec. 9-11. Financial reports. (a) Each quarterly report of campaign contributions, expenditures, and independent expenditures under Section 9-10 shall disclose the following: (1) the name and address of the political committee; (2) the name and address of the person submitting the |
| report on behalf of the committee, if other than the chair or treasurer;
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(3) the amount of funds on hand at the beginning of
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(4) the full name and mailing address of each person
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| who has made one or more contributions to or for the committee within the reporting period in an aggregate amount or value in excess of $150, together with the amounts and dates of those contributions, and, if the contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information;
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(5) the total sum of individual contributions made to
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| or for the committee during the reporting period and not reported under item (4);
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(6) the name and address of each political committee
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| from which the reporting committee received, or to which that committee made, any transfer of funds in the aggregate amount or value in excess of $150, together with the amounts and dates of all transfers;
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(7) the total sum of transfers made to or from the
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| committee during the reporting period and not reported under item (6);
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(8) each loan to or from any person, political
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| committee, or financial institution within the reporting period by or to the committee in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any; the dates and amounts of the loans; and, if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of that individual or, if the occupation and employer of the individual are unknown, a statement that the committee has made a good faith effort to ascertain this information;
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(9) the total amount of proceeds received by the
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| committee from (i) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fund-raising events; (ii) mass collections made at those events; and (iii) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials;
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(10) each contribution, rebate, refund, income from
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| investments, or other receipt in excess of $150 received by the committee not otherwise listed under items (4) through (9) and, if the contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information;
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(11) the total sum of all receipts by or for the
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| committee or candidate during the reporting period;
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(12) the full name and mailing address of each person
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| to whom expenditures have been made by the committee or candidate within the reporting period in an aggregate amount or value in excess of $150; the amount, date, and purpose of each of those expenditures; and the question of public policy or the name and address of, and the office sought by, each candidate on whose behalf that expenditure was made;
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(13) the full name and mailing address of each person
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| to whom an expenditure for personal services, salaries, and reimbursed expenses in excess of $150 has been made and that is not otherwise reported, including the amount, date, and purpose of the expenditure;
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(14) the value of each asset held as an investment,
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| as of the final day of the reporting period;
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(15) the total sum of expenditures made by the
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| committee during the reporting period; and
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(16) the full name and mailing address of each person
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| to whom the committee owes debts or obligations in excess of $150 and the amount of those debts or obligations.
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For purposes of reporting campaign receipts and expenses, income from investments shall be included as receipts during the reporting period they are actually received. The gross purchase price of each investment shall be reported as an expenditure at time of purchase. Net proceeds from the sale of an investment shall be reported as a receipt. During the period investments are held they shall be identified by name and quantity of security or instrument on each semi-annual report during the period.
(b) Each report of a campaign contribution of $1,000 or more required under subsection (c) of Section 9-10
shall disclose the following:
(1) the name and address of the political committee;
(2) the name and address of the person submitting
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| the report on behalf of the committee, if other than the chair or treasurer; and
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(3) the full name and mailing address of each person
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| who has made a contribution of $1,000 or more.
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(c) Each quarterly report shall include the following information regarding any independent expenditures made during the reporting period: (1) the full name and mailing address of each person to whom an expenditure in excess of $150 has been made in connection with an independent expenditure; (2) the amount, date, and purpose of such expenditure; (3) a statement whether the independent expenditure was in support of or in opposition to a particular candidate; (4) the name of the candidate;
(5) the office and, when applicable, district, sought by the candidate; and (6) a certification, under penalty of perjury, that such expenditure was not made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such committee. The report shall also include (I) the total of all independent expenditures of $150 or less made during the reporting period and (II) the total amount of all independent expenditures made during the reporting period.
(d) The Board shall by rule define a "good faith effort".
The reports of campaign contributions filed under this Article shall be
cumulative during the reporting period to which they relate.
(e) Each report shall be verified, dated, and signed by either the treasurer of the political committee or the candidate on whose behalf the report is filed and shall contain the following verification:
"I declare that this report (including any accompanying schedules and statements) has been examined by me and, to the best of my knowledge and belief, is a true, correct, and complete report as required by Article 9 of the Election Code. I understand that willfully filing a false or incomplete statement is subject to a civil penalty of up to $5,000.".
(f) A political committee may amend a report filed under subsection (a) or (b). The Board may reduce or waive a fine if the amendment is due to a technical or inadvertent error and the political committee files the amended report, except that a report filed under subsection (b) must be amended within 5 business days. The State Board shall ensure that a description of the amended information is available to the public. The Board may promulgate rules to enforce this subsection.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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