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| Public Act 099-0437 | ||||
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois, | ||||
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. Disclosure of contributions and expenditures.
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(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
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prescribed or approved by the Board.
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(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. | ||||
The Board shall assess a civil penalty not to exceed $5,000 for | ||||
failure to file a report required by this subsection. The fine, | ||||
however, shall not exceed $1,000 for a first violation if the | ||
committee files 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. When considering | ||
the amount of the fine to be imposed, the Board shall consider | ||
whether the violation was committed inadvertently, | ||
negligently, knowingly, or intentionally and any past | ||
violations of this Section. | ||
(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. The Board shall assess a civil penalty for | ||
failure to file a report required by this subsection. Failure | ||
to report each contribution is a separate violation of this | ||
subsection. The Board shall impose fines for willful or wanton | ||
violations of this subsection (c) not to exceed 150% of the | ||
total amount of the contributions that were untimely reported, | ||
but in no case shall it be less than 10% of the total amount of | ||
the contributions that were untimely reported. When | ||
considering the amount of the fine to be imposed for willful or | ||
wanton violations, the Board shall consider the number of days | ||
the contribution was reported late and past violations of this | ||
Section and Section 9-3. The Board may impose a fine for | ||
negligent or inadvertent violations of this subsection not to | ||
exceed 50% of the total amount of the contributions that were | ||
untimely reported, or the Board may waive the fine. When | ||
considering whether to impose a fine and the amount of the | ||
fine, the Board shall consider the following factors: (1) | ||
whether the political committee made an attempt to disclose the | ||
contribution and any attempts made to correct the violation, | ||
(2) whether the violation is attributed to a clerical or | ||
computer error, (3) the amount of the contribution, (4) whether | ||
the violation arose from a discrepancy between the date the | ||
contribution was reported transferred by a political committee | ||
and the date the contribution was received by a political | ||
committee, (5) the number of days the contribution was reported | ||
late, and (6) past violations of this Section and Section 9-3 | ||
by the political committee. | ||
(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 during the period 30 days or fewer before an election | ||
shall electronically file a report with the Board within 5 | ||
business days after making the independent expenditure. The | ||
report shall contain the information required in Section | ||
9-11(c) of this Article.
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(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. The Board shall assess a civil penalty against an | ||
independent expenditure committee for failure to file the | ||
disclosure required by this subsection not to exceed (i) $500 | ||
for an initial failure to file the required disclosure and (ii) | ||
$1,000 for each subsequent failure to file the required | ||
disclosure.
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(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.
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(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
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