State of Illinois
90th General Assembly
Legislation

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90_HB0135

      10 ILCS 5/9-2             from Ch. 46, par. 9-2
          Amends  the  Campaign  Contributions   and   Expenditures
      Article  of  the  Election  Code.   Provides that a political
      committee  may  use  campaign  funds  only   for   personnel,
      services,  materials,  facilities,  or  other things of value
      purchased to further the candidate's nomination  or  election
      to    office.     Prohibits    certain   specified   campaign
      expenditures.
                                                     LRB9001069MWcd
                                               LRB9001069MWcd
 1        AN ACT to amend the Election  Code  by  changing  Section
 2    9-2.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Election  Code  is  amended  by  changing
 6    Section 9-2 as follows:
 7        (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
 8        Sec.   9-2.    Political  committees;  contributions  and
 9    expenditures.  Every political committee  shall  designate  a
10    chairman  and a treasurer.  The same person may serve as both
11    chairman  and  treasurer  of  any  political   committee.   A
12    candidate  who administers his own campaign contributions and
13    expenditures  shall  be  deemed  a  political  committee  for
14    purposes of this  Article  and  shall  designate  himself  as
15    chairman,  treasurer,  or both chairman and treasurer of such
16    political committee. The treasurer of a  political  committee
17    shall  be  responsible for keeping the records and filing the
18    statements and reports required by this Article.
19        No contribution and no expenditure shall be  accepted  or
20    made  by or on behalf of a political committee at a time when
21    there is a vacancy in the office  of  chairman  or  treasurer
22    thereof.  No  expenditure shall be made for or on behalf of a
23    political committee without the authorization of its chairman
24    or treasurer, or their designated agents.
25        A political committee may apply the funds received  under
26    this   Article   only  against  expenditures  for  personnel,
27    services, materials, facilities, or  other  things  of  value
28    purchased  to  further the candidate's nomination or election
29    to office.
30        A political committee shall not make expenditures for the
31    following:
                            -2-                LRB9001069MWcd
 1             (1)  An expenditure in violation of any law  of  the
 2        United States or of this State.
 3             (2)  A  payment clearly in excess of the fair market
 4        value of the services, materials,  facilities,  or  other
 5        things of value received in exchange.
 6             (3)  Satisfaction  of  personal  debts,  other  than
 7        repayment  of  loans  to  the campaign.  These repayments
 8        shall be made by check written to the person who made the
 9        loan. The terms and conditions for personal  loans  to  a
10        campaign  shall  be  stated in writing at the time of the
11        loan, including but not limited to the method and  amount
12        of repayment.
13             (4)  Payments  of interest on personal loans made to
14        a campaign that exceed market rates in effect at the time
15        of the loan, which must be stated in the loan agreement.
16             (5)  Payment for items, services,  or  benefits  for
17        the   candidate   or   candidate's   family,  unless  for
18        reimbursement of campaign expenses.
19             (6)  Clothing  or  laundry  expenses,   except   for
20        novelty  items  and  costumes  that are worn primarily to
21        advertise one's candidacy, and  also  excepting  clothing
22        items   rented   by  a  candidate  for  his  or  her  use
23        exclusively for a specific campaign-related event that is
24        different than that ordinarily purchased by individuals.
25             (7)  Travel  expenses  for  a  candidate,   campaign
26        worker,  committee officer, or family member to or from a
27        destination outside  the  State  of  Illinois,  including
28        room,  board, and entertainment expenses incurred outside
29        the State of Illinois, unless that  travel  is  necessary
30        for fulfillment of legislative duties.
31             (8)  Membership    or    club    dues   charged   by
32        organizations, clubs, or facilities  that  are  primarily
33        engaged  in  providing health, exercise, recreational, or
34        entertainment services.  Campaign funds, however, may  be
                            -3-                LRB9001069MWcd
 1        used  to  rent  those  clubs or facilities for a specific
 2        campaign-related meeting or fundraising event.
 3             (9)  Payments for any item, service, or  expenditure
 4        that  has  been reimbursed, or will be reimbursed, by any
 5        other party or institution.
 6             (10)  Purchase of  or  installment  payments  for  a
 7        motor vehicle.  A candidate may lease or purchase a motor
 8        vehicle  during  the  duration  of  the  campaign  if the
 9        vehicle will be primarily used for campaign purposes.  If
10        a vehicle is leased or purchased, detailed records  shall
11        be  kept  on  the  use  of  the  vehicle, and the cost of
12        non-campaign usage shall not be paid from campaign funds.
13        Candidates and campaign workers  may  be  reimbursed  for
14        actual  mileage for campaign-related travel at a rate not
15        to exceed the current rate of reimbursement allowed under
16        the standard  mileage  rate  method  for  computation  of
17        business expenses under the Internal Revenue Code.
18             (11)  Purchase  or  lease  of any equipment owned by
19        the candidate or by a corporation owned by,  managed  by,
20        or  employing  the  candidate,  unless  the  equipment is
21        purchased or leased at cost, without profit to the  owner
22        of the equipment.
23        The  State Board of Elections shall have the authority to
24    investigate  on  its  own  motion,  or  upon  receipt  of   a
25    complaint, violations of the provisions of this Section.  The
26    Board  shall  also  have  the authority to render rulings and
27    opinions in relation to compliance with this Section.
28    (Source: P.A. 80-756.)

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