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Public Act 099-0437
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| SB0248 Enrolled | LRB099 02956 MGM 22964 b |
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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:
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(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, |
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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 |
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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 |
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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 |
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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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