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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||
5 | Sections 9-8.10 and 9-11 as follows: | |||||||||||||||||||||
6 | (10 ILCS 5/9-8.10)
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7 | Sec. 9-8.10. Use of political committee and other reporting | |||||||||||||||||||||
8 | organization
funds.
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9 | (a) A political committee shall
not
make
expenditures:
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10 | (1) In violation of any law of the United States or of | |||||||||||||||||||||
11 | this State.
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12 | (2) Clearly in excess of the fair market value of the | |||||||||||||||||||||
13 | services,
materials, facilities,
or other things of value | |||||||||||||||||||||
14 | received in exchange.
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15 | (3) For satisfaction or repayment of any debts other | |||||||||||||||||||||
16 | than loans made to
the
committee or to the public official | |||||||||||||||||||||
17 | or candidate on behalf of the committee or
repayment of | |||||||||||||||||||||
18 | goods
and services purchased by the committee under a | |||||||||||||||||||||
19 | credit
agreement. Nothing in this Section authorizes the | |||||||||||||||||||||
20 | use of campaign funds to
repay personal loans. The | |||||||||||||||||||||
21 | repayments shall be made by check written to the
person who | |||||||||||||||||||||
22 | made the loan or credit agreement. The terms and conditions | |||||||||||||||||||||
23 | of any
loan or credit agreement to a
committee shall be set |
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1 | forth in a written agreement, which shall be included in | ||||||
2 | the quarterly report covering the time period during which | ||||||
3 | such an agreement was made and all subsequent quarterly | ||||||
4 | reports until the loan and applicable interest is repaid, | ||||||
5 | including but not limited
to the
method and
amount of | ||||||
6 | repayment, that shall be executed by the chairman or | ||||||
7 | treasurer of the
committee at the time of the loan or | ||||||
8 | credit agreement. The loan or agreement
shall also
set | ||||||
9 | forth the rate of interest for the loan, which must be at | ||||||
10 | if any, which may not
substantially exceed the
prevailing | ||||||
11 | market interest rate at the time the agreement is executed.
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12 | (4) For the satisfaction or repayment of any debts or | ||||||
13 | for the payment of
any expenses relating to a personal | ||||||
14 | residence.
Campaign funds may not be used as collateral for | ||||||
15 | home mortgages.
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16 | (5) For clothing or personal laundry expenses, except | ||||||
17 | clothing items
rented by
the public official or candidate
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18 | for his or her own use exclusively for a specific | ||||||
19 | campaign-related event,
provided that
committees may | ||||||
20 | purchase costumes, novelty items, or other accessories | ||||||
21 | worn
primarily to
advertise the candidacy.
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22 | (6) For the travel expenses of
any person unless the | ||||||
23 | travel is necessary for fulfillment of political,
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24 | governmental, or public policy duties, activities, or | ||||||
25 | purposes.
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26 | (7) For membership or club dues charged by |
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1 | organizations, clubs, or
facilities that
are primarily | ||||||
2 | engaged in providing health, exercise, or recreational | ||||||
3 | services;
provided,
however, that funds received under | ||||||
4 | this Article may be used to rent the clubs
or facilities
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5 | for a specific campaign-related event.
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6 | (8) In payment for anything of value or for | ||||||
7 | reimbursement of any
expenditure for
which any person has | ||||||
8 | been reimbursed by the State or any person.
For purposes of | ||||||
9 | this item (8), a per diem allowance is not a reimbursement.
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10 | (9) For the purchase of or installment payment for a | ||||||
11 | motor vehicle unless
the political committee can | ||||||
12 | demonstrate that purchase of a motor vehicle is
more | ||||||
13 | cost-effective than leasing a motor vehicle as permitted | ||||||
14 | under this item
(9). A political committee may lease or | ||||||
15 | purchase and insure, maintain, and
repair a motor vehicle | ||||||
16 | if the vehicle will be used primarily for campaign
purposes | ||||||
17 | or
for the performance of governmental duties. A committee
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18 | shall not make expenditures for use of the vehicle for | ||||||
19 | non-campaign or
non-governmental purposes. Persons using | ||||||
20 | vehicles not purchased or leased by a
political committee | ||||||
21 | may be reimbursed for actual mileage for the use of the
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22 | vehicle for campaign purposes or for the performance of | ||||||
23 | governmental duties.
The mileage reimbursements shall be | ||||||
24 | made at a rate not to exceed the standard
mileage rate | ||||||
25 | method for computation of business expenses under the | ||||||
26 | Internal
Revenue Code.
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1 | (10) Directly for an individual's tuition or other | ||||||
2 | educational expenses,
except for governmental or political | ||||||
3 | purposes directly related to a candidate's
or public | ||||||
4 | official's duties and responsibilities.
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5 | (11) For payments to a public official or candidate or | ||||||
6 | his or her
family member unless
for compensation for | ||||||
7 | services actually rendered by that person.
The provisions | ||||||
8 | of this item (11) do not apply to expenditures by a
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9 | political committee in an aggregate
amount not exceeding | ||||||
10 | the amount of funds reported to and certified by the State
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11 | Board or county clerk as available as of June 30, 1998, in | ||||||
12 | the semi-annual
report of
contributions and expenditures | ||||||
13 | filed by the
political committee for the period concluding | ||||||
14 | June 30, 1998.
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15 | (b) The Board shall have the authority to investigate, upon
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16 | receipt of a verified complaint, violations of the provisions | ||||||
17 | of this Section.
The Board may levy a fine
on any person who | ||||||
18 | knowingly makes expenditures in violation of this Section and
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19 | on any person who knowingly makes a malicious and false | ||||||
20 | accusation of a
violation of this Section.
The Board may act | ||||||
21 | under this subsection only upon the affirmative vote of at
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22 | least 5 of its members. The fine shall not
exceed $500 for each | ||||||
23 | expenditure of $500 or less and shall not exceed the
amount of | ||||||
24 | the
expenditure plus $500 for each expenditure greater than | ||||||
25 | $500. The Board shall
also
have the authority
to render rulings | ||||||
26 | and issue opinions relating to compliance with this
Section.
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1 | (c) Nothing in this Section prohibits the expenditure of | ||||||
2 | funds of a
political
committee controlled by an officeholder or | ||||||
3 | by a candidate to defray the customary and reasonable expenses | ||||||
4 | of an
officeholder in
connection with the performance of | ||||||
5 | governmental and public service functions.
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6 | (d) Nothing in this Section prohibits the funds of a | ||||||
7 | political committee which is controlled by a person convicted | ||||||
8 | of a violation of any of the offenses listed in subsection (a) | ||||||
9 | of Section 10 of the Public Corruption Profit Forfeiture Act | ||||||
10 | from being forfeited to the State under Section 15 of the | ||||||
11 | Public Corruption Profit Forfeiture Act. | ||||||
12 | (Source: P.A. 96-1019, eff. 1-1-11.)
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13 | (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
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14 | Sec. 9-11. Financial reports. | ||||||
15 | (a) Each quarterly report of campaign contributions, | ||||||
16 | expenditures, and independent expenditures under Section 9-10 | ||||||
17 | shall disclose the following: | ||||||
18 | (1) the name and address of the political committee; | ||||||
19 | (2) the name and address of the person submitting the | ||||||
20 | report on behalf of the committee, if other than the | ||||||
21 | chairman or treasurer; | ||||||
22 | (3) the amount of funds on hand at the beginning of the | ||||||
23 | reporting period; | ||||||
24 | (4) the full name and mailing address of each person | ||||||
25 | who has made one or more contributions to or for the |
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1 | committee within the reporting period in an aggregate | ||||||
2 | amount or value in excess of $150, together with the | ||||||
3 | amounts and dates of those contributions, and, if the | ||||||
4 | contributor is an individual who contributed more than | ||||||
5 | $500, the occupation and employer of the contributor or, if | ||||||
6 | the occupation and employer of the contributor are unknown, | ||||||
7 | a statement that the committee has made a good faith effort | ||||||
8 | to ascertain this information; | ||||||
9 | (5) the total sum of individual contributions made to | ||||||
10 | or for the committee during the reporting period and not | ||||||
11 | reported under item (4); | ||||||
12 | (6) the name and address of each political committee | ||||||
13 | from which the reporting committee received, or to which | ||||||
14 | that committee made, any transfer of funds in the aggregate | ||||||
15 | amount or value in excess of $150, together with the | ||||||
16 | amounts and dates of all transfers; | ||||||
17 | (7) the total sum of transfers made to or from the | ||||||
18 | committee during the reporting period and not reported | ||||||
19 | under item (6); | ||||||
20 | (8) each loan to or from any person, to or from any | ||||||
21 | political committee, or to or from any financial | ||||||
22 | institution within the reporting period by or to the | ||||||
23 | committee in an aggregate amount or value in excess of | ||||||
24 | $150, together with the full names and mailing addresses of | ||||||
25 | the lender and endorsers, if any; the dates and amounts of | ||||||
26 | the loans; the written agreement or promissory note |
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1 | describing the terms of the loan, including the interest | ||||||
2 | rate and maturity date of the loan; and, if a lender or | ||||||
3 | endorser is an individual who loaned or endorsed a loan of | ||||||
4 | more than $500, the occupation and employer of that | ||||||
5 | individual or, if the occupation and employer of the | ||||||
6 | individual are unknown, a statement that the committee has | ||||||
7 | made a good faith effort to ascertain this information; | ||||||
8 | (9) the total amount of proceeds received by the | ||||||
9 | committee from (i) the sale of tickets for each dinner, | ||||||
10 | luncheon, cocktail party, rally, and other fund-raising | ||||||
11 | events; (ii) mass collections made at those events; and | ||||||
12 | (iii) sales of items such as political campaign pins, | ||||||
13 | buttons, badges, flags, emblems, hats, banners, | ||||||
14 | literature, and similar materials; | ||||||
15 | (10) each contribution, rebate, refund, income from | ||||||
16 | investments, or other receipt in excess of $150 received by | ||||||
17 | the committee not otherwise listed under items (4) through | ||||||
18 | (9) and, if the contributor is an individual who | ||||||
19 | contributed more than $500, the occupation and employer of | ||||||
20 | the contributor or, if the occupation and employer of the | ||||||
21 | contributor are unknown, a statement that the committee has | ||||||
22 | made a good faith effort to ascertain this information; | ||||||
23 | (11) the total sum of all receipts by or for the | ||||||
24 | committee or candidate during the reporting period; | ||||||
25 | (12) the full name and mailing address of each person | ||||||
26 | to whom expenditures have been made by the committee or |
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1 | candidate within the reporting period in an aggregate | ||||||
2 | amount or value in excess of $150; the amount, date, and | ||||||
3 | purpose of each of those expenditures; and the question of | ||||||
4 | public policy or the name and address of, and the office | ||||||
5 | sought by, each candidate on whose behalf that expenditure | ||||||
6 | was made; | ||||||
7 | (13) the full name and mailing address of each person | ||||||
8 | to whom an expenditure for personal services, salaries, and | ||||||
9 | reimbursed expenses in excess of $150 has been made and | ||||||
10 | that is not otherwise reported, including the amount, date, | ||||||
11 | and purpose of the expenditure; | ||||||
12 | (14) the value of each asset held as an investment, as | ||||||
13 | of the final day of the reporting period; | ||||||
14 | (15) the total sum of expenditures made by the | ||||||
15 | committee during the reporting period; and | ||||||
16 | (16) the full name and mailing address of each person | ||||||
17 | to whom the committee owes debts or obligations in excess | ||||||
18 | of $150 and the amount of those debts or obligations. | ||||||
19 | For purposes of reporting campaign receipts and expenses, | ||||||
20 | income from investments shall be included as receipts during | ||||||
21 | the reporting period they are actually received. The gross | ||||||
22 | purchase price of each investment shall be reported as an | ||||||
23 | expenditure at time of purchase. Net proceeds from the sale of | ||||||
24 | an investment shall be reported as a receipt. During the period | ||||||
25 | investments are held they shall be identified by name and | ||||||
26 | quantity of security or instrument on each semi-annual report |
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1 | during the period. | ||||||
2 | (b) Each report of a campaign contribution of $1,000 or | ||||||
3 | more required under subsection (c) of Section 9-10
shall | ||||||
4 | disclose the following:
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5 | (1) the name and address of the political committee;
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6 | (2) the name and address of the person submitting the | ||||||
7 | report on behalf of the committee, if other than the | ||||||
8 | chairman or treasurer; and
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9 | (3) the full name and mailing address of each person | ||||||
10 | who has made a contribution of $1,000 or more.
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11 | (c) Each quarterly report shall include the following | ||||||
12 | information regarding any independent expenditures made during | ||||||
13 | the reporting period: (1) the full name and mailing address of | ||||||
14 | each person to whom an expenditure in excess of $150 has been | ||||||
15 | made in connection with an independent expenditure; (2) the | ||||||
16 | amount, date, and purpose of such expenditure; (3) a statement | ||||||
17 | whether the independent expenditure was in support of or in | ||||||
18 | opposition to a particular candidate; (4) the name of the | ||||||
19 | candidate;
(5) the office and, when applicable, district, | ||||||
20 | sought by the candidate; and (6) a certification, under penalty | ||||||
21 | of perjury, that such expenditure was not made in cooperation, | ||||||
22 | consultation, or concert with, or at the request or suggestion | ||||||
23 | of, any candidate or any authorized committee or agent of such | ||||||
24 | committee. The report shall also include (I) the total of all | ||||||
25 | independent expenditures of $150 or less made during the | ||||||
26 | reporting period and (II) the total amount of all independent |
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1 | expenditures made during the reporting period. | ||||||
2 | (d) The Board shall by rule define a "good faith effort".
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3 | The reports of campaign contributions filed under this | ||||||
4 | Article shall be
cumulative during the reporting period to | ||||||
5 | which they relate.
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6 | (e) Each report shall be verified, dated, and signed by | ||||||
7 | either the treasurer of the political committee or the | ||||||
8 | candidate on whose behalf the report is filed and shall contain | ||||||
9 | the following verification: | ||||||
10 | "I declare that this report (including any accompanying | ||||||
11 | schedules and statements) has been examined by me and, to the | ||||||
12 | best of my knowledge and belief, is a true, correct, and | ||||||
13 | complete report as required by Article 9 of the Election Code. | ||||||
14 | I understand that willfully filing a false or incomplete | ||||||
15 | statement is subject to a civil penalty of up to $5,000.". | ||||||
16 | (f) A political committee may amend a report filed under | ||||||
17 | subsection (a) or (b). The Board may reduce or waive a fine if | ||||||
18 | the amendment is due to a technical or inadvertent error and | ||||||
19 | the political committee files the amended report, except that a | ||||||
20 | report filed under subsection (b) must be amended within 5 | ||||||
21 | business days. The State Board shall ensure that a description | ||||||
22 | of the amended information is available to the public. The | ||||||
23 | Board may promulgate rules to enforce this subsection. | ||||||
24 | (Source: P.A. 96-832, eff. 1-1-11 .)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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