SB2238 104TH GENERAL ASSEMBLY

LRB104 09175 SPS 19231 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2238

Introduced 2/7/2025, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-23.1 new
10 ILCS 5/9-23.5
10 ILCS 5/9-55 new

Amends the Election Code. Provides that, if a political committee lends or donates funds to another political committee while the lending or donating political committee has knowledge that a civil penalty will be assessed by the State Board of Elections, but prior to being served formal notice of that civil penalty, the officers of the lending or donating political committee shall be jointly and severally personally liable to the extent allowed by law for payment of the civil penalty to the extent of the funds loaned or given. Provides that the Board shall maintain a record of all official correspondence between the Board and all political committees concerning enforcement actions, including, but not limited to, records of official notices of imposed civil penalties. Provides that the Board may dissolve any political committee that fails to pay a civil penalty imposed by the Board within 6 months after being served official notice of the penalty by certified mail.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 9-23.5 and by adding Sections Section 9-23.1 and 9-55 as follows:

(10 ILCS 5/9-23.1 new)

Sec. 9-23.1. Personal liability. If a political committee lends or donates funds to another political committee while the lending or donating political committee has knowledge that a civil penalty will be assessed by the State Board of Elections, but prior to being served formal notice of that civil penalty, the officers of the lending or donating political committee shall be jointly and severally personally liable to the extent allowed by law for payment of the civil penalty to the extent of the funds loaned or given.

(10 ILCS 5/9-23.5)

Sec. 9-23.5. Public database of founded complaints and official enforcement correspondence. The State Board of Elections shall establish and maintain on its official website a searchable database, freely accessible to the public, of each complaint filed with the Board under this Article with respect to which Board action was taken, including all Board actions and penalties imposed, if any. The Board shall also maintain a record of all official correspondence between the Board and all political committees concerning enforcement actions, including, but not limited to, records of official notices of imposed civil penalties. The Board must update the database within 5 business days after an action is taken or a penalty is imposed to include that complaint, action, or penalty in the database.

(Source: P.A. 103-600, eff. 7-1-24.)

(10 ILCS 5/9-55 new)

Sec. 9-55. Dissolution of political action committees. The Board may dissolve any political committee that fails to pay a civil penalty imposed by the State Board of Elections within 6 months after being served official notice of the penalty by certified mail. The notice may also be sent electronically by the Board, in addition to being sent by certified mail, and posted publicly to the public database described in Section 9-23.5. If a political committee appeals the decision of the Board, the Board holds hearings on the matter, or a court action is ongoing regarding the matter, the 6-month period shall be paused for the duration of the action and continued once the action has concluded. If a political committee is dissolved by the Board under this Section, the Board shall follow the procedures described in Section 9-5, except the Board may collect any moneys owed from unpaid civil penalties before distributing the remaining funds.