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| Public Act 095-0957 |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing Section | ||||
9-10 as follows: | ||||
(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
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Sec. 9-10. Financial reports.
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(a) The treasurer of every state political committee and | ||||
the
treasurer of every local political committee shall file | ||||
with the
Board, and the treasurer of every local political | ||||
committee shall file
with the county clerk, reports of campaign | ||||
contributions, and semi-annual
reports of campaign | ||||
contributions and expenditures on forms to be
prescribed or | ||||
approved by the Board. The treasurer of every political
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committee that acts as both a state political committee and a | ||||
local
political committee shall file a copy of each report with | ||||
the State Board
of Elections and the county clerk.
Entities | ||||
subject to Section 9-7.5 shall file reports required by
that | ||||
Section at times
provided in this Section and are subject to | ||||
the penalties provided in this
Section.
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(b) This subsection does not apply with respect to general | ||||
primary elections. Reports of campaign contributions shall be | ||||
filed no later than the
15th day next preceding each election | ||||
in
connection with which the political committee has accepted | ||
or is
accepting contributions or has made or is making | ||
expenditures. Such
reports shall be complete as of the 30th day | ||
next preceding each election. The Board shall assess a civil | ||
penalty not to
exceed $5,000 for a violation of this | ||
subsection, except that for State
officers and candidates
and | ||
political
committees formed for statewide office, the civil
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penalty may not exceed $10,000.
The fine, however, shall not | ||
exceed $500 for a
first filing violation for filing less than | ||
10 days after the deadline.
There shall be no fine if the | ||
report is mailed and postmarked at least 72 hours
prior to the | ||
filing deadline.
For the purpose of this subsection, "statewide
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office" and "State officer" means the Governor, Lieutenant | ||
Governor, Attorney
General,
Secretary of State,
Comptroller, | ||
and Treasurer. However, a
continuing political committee that | ||
does not make an expenditure or
expenditures in an aggregate | ||
amount of more than excess of $500 on behalf of or in | ||
opposition to any (i) candidate or candidates, (ii) public
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question or questions, or (iii) candidate or candidates and | ||
public question or questions on the ballot at an election shall | ||
not be required to file the
reports prescribed in this | ||
subsection (b) and subsection (b-5) but may file in lieu | ||
thereof a Statement of
Nonparticipation in the Election with | ||
the Board or the Board and the county
clerk ; except that if | ||
the political committee, by the terms of its statement of | ||
organization filed in accordance with this Article, is | ||
organized to support or oppose a candidate or public question | ||
on the ballot at the next election or primary, that committee | ||
must file reports required by this subsection (b) and by | ||
subsection (b-5).
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(b-5) Notwithstanding the provisions of subsection (b) and
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Section 1.25 of the Statute on Statutes, any contribution
of | ||
more than $500 received (i) with respect to elections other | ||
than the general primary election, in the interim between the | ||
last date
of the period
covered by the last report filed under | ||
subsection (b) prior to the election and
the date of the | ||
election or (ii) with respect to general primary elections, in | ||
the period beginning January 1 of the year of the general | ||
primary election and prior to the date of the general primary | ||
election shall be filed with and must actually be received by
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the State Board of Elections within 2 business days after
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receipt of such contribution. A continuing political committee | ||
that does not support or oppose a candidate or public question | ||
on the ballot at a general primary election and does not make | ||
expenditures in excess of $500 on behalf of or in opposition to | ||
any candidate or public question on the ballot at the general | ||
primary election shall not be required to file the report | ||
prescribed in this subsection unless the committee makes an | ||
expenditure in excess of $500 on behalf of or in opposition to | ||
any candidate or public question on the ballot at the general | ||
primary election. The committee shall timely file the report | ||
required under this subsection beginning with the date the | ||
expenditure that triggered participation was made.
The State | ||
Board shall allow filings of reports of contributions of more | ||
than
$500 under this subsection (b-5) by political committees | ||
that are not
required to file electronically to be made by
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facsimile transmission.
For the purpose of this subsection, a | ||
contribution is considered
received on the date the public | ||
official, candidate, or political committee (or
equivalent | ||
person
in the case of a
reporting entity other than a political | ||
committee) actually receives it or, in
the case of goods or | ||
services, 2 business days after the date the public
official,
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candidate, committee,
or other reporting entity receives the | ||
certification required under subsection
(b) of Section 9-6.
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Failure to report
each contribution is a separate violation of | ||
this subsection. In the final
disposition of any matter by the | ||
Board on or after the effective date of this
amendatory Act of | ||
the 93rd General Assembly, the Board
may
impose fines for | ||
violations of this subsection not to exceed 100% of the
total
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amount of the contributions that were untimely reported, but in | ||
no case when a
fine is imposed shall it be less
than 10% of the | ||
total amount of the contributions that were untimely
reported.
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When considering the amount of the fine to be imposed, the | ||
Board shall
consider, but is not limited to, the following | ||
factors:
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(1) whether in the Board's opinion the violation was | ||
committed
inadvertently,
negligently, knowingly, or | ||
intentionally;
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(2) the number of days the contribution was reported | ||
late; and
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(3) past violations of Sections 9-3 and 9-10 of this | ||
Article by the
committee.
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(c) In addition to such reports the treasurer of every | ||
political
committee shall file semi-annual reports of campaign | ||
contributions and
expenditures no later than July 20th, | ||
covering the period from January 1st
through June 30th | ||
immediately preceding, and no later than January 20th,
covering | ||
the period from July 1st through December 31st of the preceding
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calendar year. 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.
The Board shall assess a civil penalty not | ||
to exceed $5,000 for a violation
of this subsection, except | ||
that for State officers and candidates
and political
committees | ||
formed for statewide office, the civil
penalty may not exceed | ||
$10,000.
The fine, however, shall not exceed $500 for a
first | ||
filing violation for filing less than 10 days after the | ||
deadline.
There shall be no fine if the report is mailed and | ||
postmarked at least 72 hours
prior to the filing deadline.
For | ||
the purpose of this subsection, "statewide
office" and "State | ||
officer"
means the Governor, Lieutenant Governor, Attorney | ||
General, Secretary
of State,
Comptroller, and Treasurer.
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(c-5) A political committee that acts as either (i) a State | ||
and local
political committee or (ii) a local political | ||
committee and that files reports
electronically under Section | ||
9-28 is not required to file copies of the reports
with the | ||
appropriate county clerk if the county clerk has a system that
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permits access to, and duplication of, reports that are filed | ||
with the State
Board of Elections. A State and local political | ||
committee or
a local political committee shall file with the | ||
county clerk a copy of its
statement of organization pursuant | ||
to Section 9-3.
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(d) 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.
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(Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07.)
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