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90_HB3806
SEE INDEX
Amends the Election Code. Requires reporting of campaign
contributions and expenditures in excess of $25, rather than
$150. Prohibits contributions from foreign nationals and
cash contributions in excess of $25. Requires corporations,
labor unions, and associations that spend more than $1,000
supporting or opposing candidates or public questions to
register with the State Board of Elections and file
disclosures of contributions. Specifies the permitted and
prohibited expenditures of a political committee's funds.
Requires disclosure of an individual contributor's occupation
and employer on campaign contribution and expenditure
reports. Requires dissolution of a political committee
within one year after an official leaves office, a candidate
loses an election, or an official or candidate dies.
Prohibits fundraising by General Assembly members and
candidates within Sangamon County during the weeks the
General Assembly is in session. Makes soliciting, offering,
or accepting contributions on State property a Class A
misdemeanor. Requires the State Board of Elections to adopt
rules for electronic filing of a political committee's
campaign finance reports and makes that electronic filing
mandatory, rather than optional. Increases the maximum civil
penalty the State Board of Elections may assess. Changes
from a Class B to a Class A misdemeanor the penalty for
failing to file campaign reports, filing false reports, and
filing false campaign finance complaints. Effective
immediately.
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1 AN ACT concerning campaign reform.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 9-1.4, 9-1.5, 9-10, 9-11, 9-12, 9-13, 9-14, 9-23,
6 9-26, and 9-28 and adding Sections 9-7.5, 9-8.10, 9-8.15,
7 9-25.2, 9-25.3, 9-25.5, and 9-27.5 as follows:
8 (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
9 Sec. 9-1.4. "Contribution" means-
10 (1) a gift, subscription, donation, dues, loan, advance,
11 or deposit of money or anything of value, knowingly received
12 in connection with the nomination for election, or election,
13 of any person to public office, in connection with the
14 election of any person as ward or township committeeman in
15 counties of 3,000,000 or more population, or in connection
16 with any question of public policy;
17 (2) the purchase of tickets for fund-raising events,
18 including but not limited to dinners, luncheons, cocktail
19 parties, and rallies made in connection with the nomination
20 for election, or election, of any person to public office, in
21 connection with the election of any person as ward or
22 township committeeman in counties of 3,000,000 or more
23 population, or in connection with any question of public
24 policy;
25 (3) a transfer of funds between political committees;
26 and
27 (4) the services of an employee donated by an employer,
28 in which case the contribution shall be listed in the name of
29 the employer, except that any individual services provided
30 voluntarily and without promise or expectation of
31 compensation from any source shall not be deemed a
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1 contribution; but
2 (5) does not include--
3 (a) the use of real or personal property and the
4 cost of invitations, food, and beverages, voluntarily
5 provided by an individual in rendering voluntary personal
6 services on the individual's residential premises for
7 candidate-related activities; provided the value of the
8 service provided does not exceed an aggregate of $25 $150
9 in a reporting period;
10 (b) the sale of any food or beverage by a vendor
11 for use in a candidate's campaign at a charge less than
12 the normal comparable charge, if such charge for use in a
13 candidate's campaign is at least equal to the cost of
14 such food or beverage to the vendor.
15 (Source: P.A. 89-405, eff. 11-8-95.)
16 (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
17 Sec. 9-1.5. "Expenditure" means-
18 (1) a payment, distribution, purchase, loan, advance,
19 deposit, or gift of money or anything of value, in connection
20 with the nomination for election, or election, of any person
21 to public office, in connection with the election of any
22 person as ward or township committeeman in counties of
23 3,000,000 or more population, or in connection with any
24 question of public policy. However, expenditure does not
25 include -
26 (a) the use of real or personal property and the
27 cost of invitations, food, and beverages, voluntarily
28 provided by an individual in rendering voluntary personal
29 services on the individual's residential premises for
30 candidate-related activities; provided the value of the
31 service provided does not exceed an aggregate of $25 $150
32 in a reporting period;
33 (b) the sale of any food or beverage by a vendor
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1 for use in a candidate's campaign at a charge less than
2 the normal comparable charge, if such charge for use in a
3 candidate's campaign is at least equal to the cost of
4 such food or beverage to the vendor.
5 (2) a transfer of funds between political committees.
6 (Source: P.A. 89-405, eff. 11-8-95.)
7 (10 ILCS 5/9-7.5 new)
8 Sec. 9-7.5. Contributor registration and disclosure.
9 Any corporation, labor union, or association of individuals,
10 however described or organized, that spends more than $1,000
11 in money or the fair market value of its services, in the
12 aggregate and over any period of time, in support of or in
13 opposition to any one or more candidates for public office or
14 public questions shall register with the Board in a manner
15 prescribed by the Board and shall file financial disclosure
16 reports with the Board. The reports shall be filed at the
17 same times that campaign contribution and expenditure reports
18 are required of political committees and shall be for the
19 same reporting periods. The reports shall itemize all amounts
20 and recipients. The Board shall promulgate forms for the
21 reports.
22 (10 ILCS 5/9-8.10 new)
23 Sec. 9-8.10. Use of political committee funds.
24 (a) The funds of a political committee controlled by a
25 public official or by a candidate may be used only for:
26 (1) expenditures that would be treated as
27 deductions or exempt functions under Section 527 of the
28 Internal Revenue Code and the regulations promulgated
29 under that Section;
30 (2) defraying the ordinary and necessary expenses
31 of a public official;
32 (3) donations to organizations described in Section
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1 170(c) of the Internal Revenue Code; or
2 (4) transfers to any national, State, or local
3 political committee, subject to the laws governing that
4 political committee.
5 (b) A political committee shall not make expenditures:
6 (1) in violation of any law of the United States or
7 of this State;
8 (2) clearly in excess of the fair market value of
9 the services, materials, facilities, or other things of
10 value received in exchange;
11 (3) for satisfaction or repayment of any debts
12 other than loans made to the committee or repayment of
13 goods and services purchased by the committee under a
14 credit agreement. The repayments shall be made by check
15 written to the person who made the loan or credit
16 agreement. The terms and conditions of any loan or
17 credit agreement to a committee shall be set forth in a
18 written agreement, including but not limited to the
19 method and amount of repayment, that shall be executed by
20 the chairman or treasurer of the committee at the time of
21 the loan or credit agreement. The loan or agreement
22 shall also set forth the rate of interest for the loan,
23 if any, which may not substantially exceed the prevailing
24 market interest rate at the time the agreement is
25 executed;
26 (4) for clothing or laundry expenses, except
27 clothing items rented by the candidate for his or her own
28 use exclusively for a specific campaign-related event,
29 provided that committees may purchase costumes, novelty
30 items, or other accessories worn primarily to advertise
31 the candidacy;
32 (5) for the travel expenses of a candidate, public
33 official, committee officer, campaign worker, staff
34 member, or a family member of any such person, to or from
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1 a destination outside the State of Illinois, including
2 room, board, and entertainment expenses incurred outside
3 the State of Illinois, unless the travel is necessary for
4 fulfillment of political or governmental duties;
5 (6) for membership or club dues charged by
6 organizations, clubs, or facilities that are primarily
7 engaged in providing health, exercise, or recreational
8 services; provided, however, that funds received under
9 this Article may be used to rent the clubs or facilities
10 for a specific campaign-related event;
11 (7) in payment for anything of value or for
12 reimbursement of any expenditure for which any person has
13 been reimbursed by the State or any person;
14 (8) for the purchase of or installment payment for
15 a motor vehicle. A political committee may lease a motor
16 vehicle if the vehicle will be used primarily for
17 campaign purposes or for the performance of governmental
18 duties. A committee shall keep detailed records of the
19 use of any leased vehicle and shall not make expenditures
20 for use of the vehicle for non-campaign or
21 non-governmental purposes. Persons using vehicles not
22 leased by a political committee may be reimbursed for
23 actual mileage for the use of the vehicle for campaign
24 purposes or for the performance of governmental duties.
25 The mileage reimbursements shall be made at a rate not to
26 exceed the standard mileage rate method for computation
27 of business expenses under the Internal Revenue Code; or
28 (9) for purchase or lease of anything of value
29 owned by the candidate or by a corporation owned by,
30 managed by, or employing the candidate, unless the thing
31 of value is purchased or leased at its cost, without
32 profit to its owner.
33 (c) The Board shall have the authority to investigate,
34 upon its own motion or receipt of a complaint, violations of
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1 the provisions of this Section. The Board may levy a fine on
2 any person who knowingly makes expenditures in violation of
3 this Section. The fine shall not exceed $500 for each
4 expenditure of $500 or less and shall not exceed the amount
5 of the expenditure plus $500 for each expenditure greater
6 than $500. The Board shall also have the authority to render
7 rulings and issue opinions relating to compliance with this
8 Section.
9 (d) For the purposes of this Section:
10 (1) "exempt function" has the same meaning as in
11 Section 527 of the Internal Revenue Code and the
12 regulations promulgated under that Section;
13 (2) "ordinary and necessary expenses of an elected
14 official" means expenses for which public funds may be
15 used; and
16 (3) "immediate family" means a candidate's or
17 public official's spouse, siblings, parents, and
18 children and the candidate's or public official's
19 spouse's siblings, parents, and children.
20 (10 ILCS 5/9-8.15 new)
21 Sec. 9-8.15. Contributions made on State property.
22 Contributions shall not be solicited, offered, or accepted on
23 State property. Contributions received on State property
24 shall be returned within 3 business days.
25 Anyone who knowingly solicits, offers, or accepts
26 contributions on State property is guilty of a Class A
27 misdemeanor.
28 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
29 Sec. 9-10. Reports of campaign contributions;
30 semi-annual reports; preservation.
31 (a) The treasurer of every state political committee and
32 the treasurer of every local political committee shall file
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1 with the Board, and the treasurer of every local political
2 committee shall file with the county clerk, reports of
3 campaign contributions, and semi-annual reports of campaign
4 contributions and expenditures on forms to be prescribed or
5 approved by the Board. The treasurer of every political
6 committee that acts as both a state political committee and a
7 local political committee shall file a copy of each report
8 with the State Board of Elections and the county clerk.
9 (b) Reports of campaign contributions shall be filed no
10 later than the 15th day next preceding each election
11 including a primary election in connection with which the
12 political committee has accepted or is accepting
13 contributions or has made or is making expenditures. Such
14 reports shall be complete as of the 30th day next preceding
15 each election including a primary election, except that any
16 contribution of $500 or more received in the interim between
17 the last date of the period covered by the last report filed
18 prior to the election and the date of the election shall be
19 reported within 2 business days after its receipt. The Board
20 shall assess a civil penalty not to exceed $5,000 for a
21 violation of this subsection (b). However, a continuing
22 political committee that neither accepts contributions nor
23 makes expenditures on behalf of or in opposition to any
24 candidate or public question on the ballot at an election
25 shall not be required to file the reports heretofore
26 prescribed but may file in lieu thereof a Statement of
27 Nonparticipation in the Election with the Board or the Board
28 and the county clerk.
29 (c) In addition to such reports the treasurer of every
30 political committee shall file semi-annual reports of
31 campaign contributions and expenditures no later than July
32 31st, covering the period from January 1st through June 30th
33 immediately preceding, and no later than January 31st,
34 covering the period from July 1st through December 31st of
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1 the preceding calendar year. Reports of contributions and
2 expenditures must be filed to cover the prescribed time
3 periods even though no contributions or expenditures may have
4 been received or made during the period. The Board shall
5 assess a civil penalty not to exceed $5,000 for a violation
6 of this subsection (c).
7 (d) A copy of each report or statement filed under this
8 Article shall be preserved by the person filing it for a
9 period of two years from the date of filing.
10 (Source: P.A. 86-873.)
11 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
12 Sec. 9-11. Each report of campaign contributions under
13 Section 9-10 shall disclose-
14 (1) the name and address of the political committee;
15 (2) (Blank);
16 (3) the amount of funds on hand at the beginning of the
17 reporting period;
18 (4) the full name and mailing address of each person who
19 has made one or more contributions to or for such committee
20 within the reporting period in an aggregate amount or value
21 in excess of $25 $150, together with the amount and date of
22 such contributions, and if the contributor is an individual,
23 the occupation and employer of the contributor or, if the
24 occupation and employer of the contributor are unknown, a
25 statement that the committee has used best efforts to
26 ascertain this information;
27 (5) the total sum of individual contributions made to or
28 for such committee during the reporting period and not
29 reported under item (4);
30 (6) the name and address of each political committee
31 from which the reporting committee received, or to which that
32 committee made, any transfer of funds, in any aggregate
33 amount or value in excess of $25 $150, together with the
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1 amounts and dates of all transfers;
2 (7) the total sum of transfers made to or from such
3 committee during the reporting period and not reported under
4 item (6);
5 (8) each loan to or from any person within the reporting
6 period by or to such committee in an aggregate amount or
7 value in excess of $25 $150, together with the full names and
8 mailing addresses of the lender and endorsers, if any, and
9 the date and amount of such loans, and if a lender or
10 endorser is an individual, the occupation and employer of
11 that individual;
12 (9) the total amount of proceeds received by such
13 committee from (a) the sale of tickets for each dinner,
14 luncheon, cocktail party, rally, and other fund-raising
15 events; (b) mass collections made at such events; and (c)
16 sales of items such as political campaign pins, buttons,
17 badges, flags, emblems, hats, banners, literature, and
18 similar materials;
19 (10) each contribution, rebate, refund, or other receipt
20 in excess of $25 $150 received by such committee not
21 otherwise listed under items (4) through (9), and if the
22 contributor is an individual, the occupation and employer of
23 the contributor or, if the occupation and employer of the
24 contributor are unknown, a statement that the committee has
25 used best efforts to ascertain this information;
26 (11) the total sum of all receipts by or for such
27 committee or candidate during the reporting period.
28 The Board shall by rule define "best efforts".
29 The reports of campaign contributions filed under this
30 Article shall be cumulative during the reporting period to
31 which they relate.
32 (Source: P.A. 90-495, eff. 1-1-98.)
33 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
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1 Sec. 9-12. Each report of campaign contributions
2 required by Section 9-10 of this Article to be filed with the
3 Board or the Board and the county clerk shall be verified,
4 dated, and signed by either the treasurer of the political
5 committee making the report or the candidate on whose behalf
6 the report is made, and shall contain substantially the
7 following:
8 REPORT OF CAMPAIGN CONTRIBUTIONS
9 (1) name and address of the political committee:
10 .............................................................
11 (2) the date of the beginning of the reporting period, and
12 the amount of funds on hand at the beginning of the reporting
13 period:
14 .............................................................
15 (3) the full name and mailing address of each person who has
16 made one or more contributions to or for the committee within
17 the reporting period in an aggregate amount or value in
18 excess of $25 $150, together with the amount and date of such
19 contributions, and if the person is an individual, the
20 occupation and employer of each contributor or, if the
21 occupation and employer of the contributor are unknown, a
22 statement that the committee has used best efforts to
23 ascertain this information:
24 name address amount date occupation employer
25 .... ....... ...... .... .......... ........
26 .... ....... ...... .... .......... ........
27 .... ....... ...... .... .......... ........
28 .... ....... ...... .... .......... ........
29 .... ....... ...... .... .......... ........
30 (4) the total sum of individual contributions made to or for
31 the committee during the reporting period and not reported
32 under item (3) -
33 .............................................................
34 (5) the name and address of each political committee from
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1 which the reporting committee received, or to which that
2 committee made, any transfer of funds, in an aggregate amount
3 or value in excess of $25 $150, together with the amounts and
4 dates of all transfers:
5 name address amount date
6 .......... .......... .......... ..........
7 .......... .......... .......... ..........
8 .......... .......... .......... ..........
9 (6) the total sum of transfers made to or from such
10 committee during the reporting period and not under item (5):
11 .............................................................
12 (7) each loan to or from any person within the reporting
13 period by or to the committee in an aggregate amount or value
14 in excess of $25 $150, together with the full names and
15 mailing addresses of the lender and endorsers, if any, and
16 the date and amount of such loans, and if the person is an
17 individual, the occupation and employer of each person making
18 the loan:
19 (8) the total amount of proceeds received by the committee
20 from (a) the sale of tickets for each dinner, luncheon,
21 cocktail party, rally, and other fund-raising events; (b)
22 mass collections made at such events; and (c) sales of items
23 such as political campaign pins, buttons, badges, flags,
24 emblems, hats, banners, literature, and similar materials:
25 (a)..........................................................
26 (b)..........................................................
27 (c)..........................................................
28 (9) each contribution, rebate, refund, or other receipt in
29 excess of $25 $150 received by the committee not otherwise
30 listed under items (3) through (8), and if the person is an
31 individual, the occupation and employer of each contributor
32 or, if the occupation and employer of the contributor are
33 unknown, a statement that the committee has used best efforts
34 to ascertain this information:
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1 name address amount date occupation employer
2 .... ....... ...... .... .......... ........
3 .... ....... ...... .... .......... ........
4 (10) the total sum of all receipts by or for the committee
5 during the reporting period:
6 .............................................................
7 VERIFICATION:
8 "I declare that this report of campaign contributions
9 (including any accompanying schedules and statements) has
10 been examined by me and to the best of my knowledge and
11 belief is a true, correct and complete report as required by
12 Article 9 of The Election Code. I understand that the penalty
13 for willfully filing a false or incomplete statement shall be
14 a fine not to exceed $2,500 $500 or imprisonment in a penal
15 institution other than the penitentiary not to exceed 12 6
16 months, or both fine and imprisonment."
17 .............................................................
18 (date of filing) (signature of person making the report)
19 (Source: P.A. 90-495, eff. 1-1-98.)
20 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
21 Sec. 9-13. Each semi-annual report of campaign
22 contributions and expenditures under Section 9-10 shall
23 disclose-
24 (1) the name and address of the political committee;
25 (2) (Blank);
26 (3) the amount of funds on hand at the beginning of the
27 reporting period;
28 (4) the full name and mailing address of each person who
29 has made one or more contributions to or for such committee
30 within the reporting period in an aggregate amount or value
31 in excess of $25 $150, together with the amount and date of
32 such contributions, and if the contributor is an individual,
33 the occupation and employer of the contributor or, if the
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1 occupation and employer of the contributor are unknown, a
2 statement that the committee has used best efforts to
3 ascertain this information;
4 (5) the total sum of individual contributions made to or
5 for such committee during the reporting period and not
6 reported under item (4);
7 (6) the name and address of each political committee
8 from which the reporting committee received, or to which that
9 committee made, any transfer of funds, in the aggregate
10 amount or value in excess of $25 $150, together with the
11 amounts and dates of all transfers;
12 (7) the total sum of transfers made to or from such
13 committee during the reporting period and not reported under
14 item (6);
15 (8) each loan to or from any person within the reporting
16 period by or to such committee in an aggregate amount or
17 value in excess of $25 $150, together with the full names and
18 mailing addresses of the lender and endorsers, if any, and
19 the date and amount of such loans, and if a lender or
20 endorser is an individual, the occupation and employer of
21 that individual;
22 (9) the total amount of proceeds received by such
23 committee from (a) the sale of tickets for each dinner,
24 luncheon, cocktail party, rally, and other fund-raising
25 events; (b) mass collections made at such events; and (c)
26 sales of items such as political campaign pins, buttons,
27 badges, flags, emblems, hats, banners, literature, and
28 similar materials;
29 (10) each contribution, rebate, refund, or other receipt
30 in excess of $25 $150 received by such committee not
31 otherwise listed under items (4) through (9);
32 (11) the total sum of all receipts by or for such
33 committee or candidate during the reporting period;
34 (12) the full name and mailing address of each person to
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1 whom expenditures have been made by such committee or
2 candidate within the reporting period in an aggregate amount
3 or value in excess of $25 $150, the amount, date, and purpose
4 of each such expenditure and the question of public policy or
5 the name and address of, and office sought by, each candidate
6 on whose behalf such expenditure was made;
7 (13) the full name and mailing address of each person to
8 whom an expenditure for personal services, salaries, and
9 reimbursed expenses in excess of $25 $150 has been made, and
10 which is not otherwise reported, including the amount, date,
11 and purpose of such expenditure;
12 (14) the total sum of expenditures made by such
13 committee during the reporting period;
14 (15) the full name and mailing address of each person to
15 whom the committee owes debts or obligations in excess of $25
16 $150, and the amount of such debts or obligations.
17 The Board shall by rule define "best efforts".
18 (Source: P.A. 90-495, eff. 1-1-98.)
19 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
20 Sec. 9-14. Each semi-annual report of campaign
21 contributions and expenditures required by Section 9-10 of
22 this Article to be filed with the Board or the Board and the
23 county clerk shall be verified, dated, and signed by either
24 the treasurer of the political committee making the report or
25 the candidate on whose behalf the report is made, and shall
26 contain substantially the following:
27 SEMI-ANNUAL REPORT OF CAMPAIGN
28 CONTRIBUTIONS AND EXPENDITURES
29 (1) name and address of the political committee:
30 .............................................................
31 (2) the date of the beginning of the reporting period, and
32 the amount of funds on hand at the beginning of the reporting
33 period;
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1 .............................................................
2 (3) the full name and mailing address of each person who has
3 made one or more contributions to or for the committee within
4 the reporting period in an aggregate amount or value in
5 excess of $25 $150, together with the amount and date of such
6 contributions, and if the person is an individual, the
7 occupation and employer of each contributor or, if the
8 occupation and employer of the contributor are unknown, a
9 statement that the committee has used best efforts to
10 ascertain this information:
11 name address amount date occupation employer
12 .... ....... ...... .... .......... ........
13 .... ....... ...... .... .......... ........
14 .... ....... ...... .... .......... ........
15 .... ....... ...... .... .......... ........
16 .... ....... ...... .... .......... ........
17 (4) the total sum of individual contributions made to or for
18 the committee during the reporting period and not reported
19 under item--(3):
20 .............................................................
21 (5) the name and address of each political committee from
22 which the reporting committee received, or to which that
23 committee made, any transfer of funds, in an aggregate amount
24 or value in excess of $25 $150, together with the amounts and
25 dates of all transfers:
26 name address amount date
27 .......... .......... .......... ..........
28 .......... .......... .......... ..........
29 .......... .......... .......... ..........
30 (6) the total sum of transfers made to or from such
31 committee during the reporting period and not reported under
32 item (5);
33 (7) each loan to or from any person within the reporting
34 period by or to the committee in an aggregate amount or value
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1 in excess of $25 $150, together with the full names and
2 mailing addresses of the lender and endorsers, if any, and
3 the date and amount of such loans, and if the person is an
4 individual, the occupation and employer of each person making
5 the loan:
6 name address amount date endorsers occupation employer
7 .... ....... ...... .... ......... .......... ........
8 .... ....... ...... .... ......... .......... ........
9 .... ....... ...... .... ......... .......... ........
10 (8) the total amount of proceeds received by the committee
11 from (a) the sale of tickets for each dinner, luncheon,
12 cocktail party, rally, and other fund-raising events; (b)
13 mass collections made at such events; and (c) sales of items
14 such as political campaign pins, buttons, badges, flags,
15 emblems, hats, banners, literature, and similar materials:
16 (a)..........................................................
17 (b)..........................................................
18 (c)..........................................................
19 (9) each contribution, rebate, refund, or other receipt in
20 excess of $25 $150 received by the committee not otherwise
21 listed under items (3) through (8):
22 name address amount date
23 .......... .......... .......... ..........
24 .......... .......... .......... ..........
25 (10) the total sum of all receipts by or for the committee
26 during the reporting period:
27 .............................................................
28 (11) the full name and mailing address of each person to
29 whom expenditures have been made by the committee within the
30 reporting period in an aggregate amount or value in excess of
31 $25 $150, the amount, date, and purpose of each such
32 expenditure, and the question of public policy or the name
33 and address of, and office sought by, each candidate on whose
34 behalf the expenditure was made:
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1 name address amount date purpose beneficiary
2 .......... ....... ...... .... ....... ...........
3 .......... ....... ...... .... ....... ...........
4 .......... ....... ...... .... ....... ...........
5 .......... ....... ...... .... ....... ...........
6 .......... ....... ...... .... ....... ...........
7 (12) the full name and mailing address of each person to
8 whom an expenditure for personal services, salaries, and
9 reimbursed expenses in excess of $25 $150 has been made, and
10 which is not otherwise reported, including the amount, date,
11 and purpose of such expenditure:
12 name address amount date purpose
13 .......... .......... ........ ........ ..........
14 .......... .......... ........ ........ ..........
15 .......... .......... ........ ........ ..........
16 (13) the total sum of expenditures made by the committee
17 during the reporting period;
18 .............................................................
19 (14) the full name and mailing address of each person to
20 whom the committee owes debts or obligations in excess of $25
21 $150, and the amount of such debts or obligations:
22 .............................................................
23 .............................................................
24 VERIFICATION:
25 "I declare that this semi-annual report of campaign
26 contributions and expenditures (including any accompanying
27 schedules and statements) has been examined by me and to the
28 best of my knowledge and belief is a true, correct and
29 complete report as required by Article 9 of The Election
30 Code. I understand that the penalty for willfully filing a
31 false or incomplete report shall be a fine not to exceed
32 $2,500 $500 or imprisonment in a penal institution other than
33 the penitentiary not to exceed 12 6 months, or both fine and
34 imprisonment."
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1 ................ .......................................
2 (date of filing) (signature of person making the report)
3 (Source: P.A. 90-495, eff. 1-1-98.)
4 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
5 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
6 has issued an order, or has approved a written stipulation,
7 agreed settlement or consent order, directing a person
8 determined by the Board to be in violation of any provision
9 of this Article or any regulation adopted thereunder, to
10 cease or correct such violation or otherwise comply with this
11 Article and such person fails or refuses to comply with such
12 order, stipulation, settlement or consent order within the
13 time specified by the Board, the Board, after affording
14 notice and an opportunity for a public hearing, may impose a
15 civil penalty on such person in an amount not to exceed
16 $5,000 $1,000.
17 Civil penalties imposed on any such person by the Board
18 shall be enforceable in the Circuit Court. The Board shall
19 petition the Court for an order to enforce collection of the
20 penalty and, if the Court finds it has jurisdiction over the
21 person against whom the penalty was imposed, the Court shall
22 issue the appropriate order. Any civil penalties collected
23 by the Court shall be forwarded to the State Treasurer.
24 In addition to or in lieu of the imposition of a civil
25 penalty, the board may report such violation and the failure
26 or refusal to comply with the order of the Board to the
27 Attorney General and the appropriate State's Attorney.
28 (Source: P.A. 83-540.)
29 (10 ILCS 5/9-25.2 new)
30 Sec. 9-25.2. Contributions from foreign nationals
31 prohibited. No candidate or political committee shall
32 accept, either directly or indirectly, a contribution made by
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1 a foreign national. For purposes of this Section, "foreign
2 national" means (i) an individual who is not a citizen of the
3 United States and who is not lawfully admitted for permanent
4 residence, as defined by Section 101(a)(20) of the
5 Immigration and Nationality Act; (ii) a government of a
6 foreign country or a foreign political party; (iii) a person
7 outside of the United States, unless it is established that
8 the person is an individual and a citizen of and domiciled
9 within the United States, or that the person is not an
10 individual and is organized under or created by the laws of
11 the United States, this State, any other state, or any other
12 place subject to the jurisdiction of the United States and
13 has its principal place of business within the United States;
14 and (iv) a partnership, association, corporation,
15 organization, or other combination of persons organized under
16 the laws of or having its principal place of business in a
17 foreign country. "Foreign national" does not include any
18 individual who is a citizen of the United States.
19 (10 ILCS 5/9-25.3 new)
20 Sec. 9-25.3. Cash contributions in excess of $25
21 prohibited.
22 (a) No candidate, public official, or political
23 committee may accept cash contributions from a single
24 contributor within any 12-month period in an aggregate amount
25 in excess of $25. For the purposes of this Section, "cash"
26 means the currency and coins of the United States, but does
27 not mean checks, money orders, or other negotiable
28 instruments. Any contribution in excess of $25, other than
29 in-kind contributions, shall be made by negotiable instrument
30 or be evidenced by an itemized credit card receipt bearing on
31 its face the name of the remitter. For purposes of this
32 Section, a cash contribution shall be deemed to have been
33 accepted if it is negotiated or deposited, or if it is not
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1 returned to the contributor within 72 hours of receipt.
2 (b) A violation under this Section shall constitute a
3 Class A misdemeanor. In addition to any other penalty, a
4 person convicted under this Section shall be fined 3 times
5 the amount of contributions found to have been accepted in
6 violation of this Section. Any contribution accepted in
7 violation of this Section shall escheat to the State of
8 Illinois.
9 (10 ILCS 5/9-25.5 new)
10 Sec. 9-25.5. Dissolution of political committee. Each
11 public official who leaves office due to retirement or
12 defeat, and each candidate for public office who has been
13 defeated, must close his or her political committee and
14 surrender any remaining funds within one year after leaving
15 office or losing an election. In the case of the death of a
16 public official or candidate for public office, the officers
17 of the political committee must dissolve the political
18 committee within one year after the public official's or
19 candidate's death.
20 Upon the dissolution of a political committee, its
21 remaining funds shall be surrendered to the State Treasurer
22 for deposit into the Common School Fund.
23 (10 ILCS 5/9-26) (from Ch. 46, par. 9-26)
24 Sec. 9-26. Willful failure to file or willful filing of
25 false or incomplete information required by this Article
26 shall constitute a Class A B misdemeanor.
27 Willful filing of a false complaint under this Article
28 shall constitute a Class A B misdemeanor.
29 A prosecution for any offense designated by this Article
30 shall be commenced no later than 18 months after the
31 commission of the offense.
32 The appropriate State's Attorney or the Attorney General
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1 shall bring such actions in the name of the people of the
2 State of Illinois.
3 (Source: P.A. 78-1183.)
4 (10 ILCS 5/9-27.5 new)
5 Sec. 9-27.5. Fundraising within Sangamon County. No
6 member of the General Assembly or candidate for that office
7 may hold a fundraising function within Sangamon County,
8 Illinois, during any calendar week (Sunday through Saturday)
9 in which the legislature is in session.
10 (10 ILCS 5/9-28)
11 Sec. 9-28. Electronic filing and availability. The Board
12 shall may by rule provide for the mandatory optional
13 electronic filing of reports and statements under this
14 Article of expenditure and contribution reports. The Board
15 shall promptly make all reports filed under this Article by
16 all political committees publicly available by means of a
17 searchable database that is accessible through the World Wide
18 Web.
19 (Source: P.A. 90-495, eff. 8-18-97.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 10 ILCS 5/9-1.4 from Ch. 46, par. 9-1.4
4 10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
5 10 ILCS 5/9-7.5 new
6 10 ILCS 5/9-8.10 new
7 10 ILCS 5/9-8.15 new
8 10 ILCS 5/9-10 from Ch. 46, par. 9-10
9 10 ILCS 5/9-11 from Ch. 46, par. 9-11
10 10 ILCS 5/9-12 from Ch. 46, par. 9-12
11 10 ILCS 5/9-13 from Ch. 46, par. 9-13
12 10 ILCS 5/9-14 from Ch. 46, par. 9-14
13 10 ILCS 5/9-23 from Ch. 46, par. 9-23
14 10 ILCS 5/9-25.2 new
15 10 ILCS 5/9-25.3 new
16 10 ILCS 5/9-25.5 new
17 10 ILCS 5/9-26 from Ch. 46, par. 9-26
18 10 ILCS 5/9-27.5 new
19 10 ILCS 5/9-28