Public Act 90-0495 of the 90th General Assembly
Public Act 90-0495
HB0729 Enrolled LRB9000666MWpc
AN ACT to amend the Election Code by changing Sections
9-3, 9-4, 9-5, 9-11, 9-12, 9-13, 9-14, 9-17, and 9-21 and by
adding Section 9-28.
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
Sections 9-3, 9-4, 9-5, 9-11, 9-12, 9-13, 9-14, 9-17, and
9-21 and by adding Section 9-28 as follows:
(10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
Sec. 9-3. Every state political committee and every
local political committee shall file with the State Board of
Elections, and every local political committee shall file
with the county clerk, a statement of organization within 10
business 30 days of the creation of such committee, except
any political committee created within the 30 days before an
election shall file a statement of organization within 5
business days. A political committee that acts as both a
state political committee and a local political committee
shall file a copy of each statement of organization with the
State Board of Elections and the county clerk.
The statement of organization shall include -
(a) the name and address of the political committee;
(b) the scope, area of activity, party affiliation,
candidate affiliation and his county of residence, and
purposes of the political committee;
(c) the name, address, and position of each custodian of
the committee's books and accounts;
(d) the name, address, and position of the committee's
principal officers, including the chairman, treasurer, and
officers and members of its finance committee, if any;
(e) (Blank); a statement whether the committee is a
continuing one;
(f) a statement of what specific disposition of residual
fund will be made in the event of the dissolution or
termination of the committee;
(g) a listing of all banks or other financial
institutions, safety deposit boxes, and any other
repositories or custodians of funds used by the committee;
(h) the amount of funds available for campaign
expenditures as of the filing date of the committee's
statement of organization.
(Source: P.A. 86-873.)
(10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
Sec. 9-4. The statement of organization required by this
Article to be filed in accordance with Section 9-3 shall be
verified, dated, and signed by either the treasurer of the
political committee making the statement or the candidate on
whose behalf the statement is made, and shall contain
substantially the following:
STATEMENT OF ORGANIZATION
(a) name and address of the political committee:
.............................................................
(b) scope, area of activity, party affiliation,
candidate affiliation and his county of residence, and
purposes of the political committee:
.............................................................
.............................................................
.............................................................
.............................................................
(c) name, address, and position of each custodian of the
committee's books and accounts:
.............................................................
.............................................................
(d) name, address, and position of the committee's
principal officers, including the chairman, treasurer, and
officers and members of its finance committee, if any:
.............................................................
.............................................................
.............................................................
(e) a statement whether the committee is a continuing
one:
.............................................................
(e) (f) a statement of what specific disposition of
residual funds will be made in the event of the dissolution
or termination of the committee:
.............................................................
.............................................................
(f) (g) a listing of all banks or other financial
institutions, safety deposit boxes, and any other
repositories or custodians of funds used by the committee:
.............................................................
.............................................................
(g) (h) the amount of funds available for campaign
expenditures as of the filing date of the committee's
statement of organization:
.............................................................
VERIFICATION:
"I declare that this statement of organization (including
any accompanying schedules and statements) has been examined
by me and to the best of my knowledge and belief is a true,
correct and complete statement of organization as required by
Article 9 of The Election Code. I understand that the penalty
for willfully filing a false or incomplete statement shall be
a fine not to exceed $500 or imprisonment in a penal
institution other than the penitentiary not to exceed 6
months, or both fine and imprisonment."
................ ..........................................
(date of filing) (signature of person making the statement)
(Source: P.A. 86-873.)
(10 ILCS 5/9-5) (from Ch. 46, par. 9-5)
Sec. 9-5. Any change in information previously
submitted in a statement of organization except for
information submitted under Section 9-3 (h) shall be
reported, as required of statements of organization by
Section 9-3 of this Article, within 10 days following such
change.
Any political committee which, after having filed a
statement of organization, dissolves as a political committee
or determines that it will no longer receive any campaign
contributions nor make any campaign expenditures shall notify
the Board, or the Board and the county clerk, as required of
statements of organization by Section 9-3 of this Article, of
that fact and file with the Board, or the Board and the
county clerk, as required of statements of organization by
Section 9-3 of this Article, a final report with respect to
its contributions and expenditures, including the final
disposition of its funds and assets.
In the event that a political committee dissolves, all
contributions in its possession, after payment of the
committee's outstanding liabilities, including staff
salaries, shall be refunded to the contributors in amounts
not exceeding their individual contributions, or transferred
to other political or charitable organizations consistent
with the positions of the committee or the candidates it
represented. In no case shall these funds be used for the
personal aggrandizement of any committee member or campaign
worker.
(Source: P.A. 86-873.)
(10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
Sec. 9-11. Each report of campaign contributions under
Section 9-10 shall disclose-
(1) the name and address of the political committee;
(2) (Blank); the scope, area of activity, party
affiliation, candidate affiliation, and purposes of the
political committee;
(3) the amount of funds on hand at the beginning of the
reporting period;
(4) the full name and mailing address of each person who
has made one or more contributions to or for such committee
within the reporting period in an aggregate amount or value
in excess of $150, together with the amount and date of such
contributions;
(5) the total sum of individual contributions made to or
for such committee during the reporting period and not
reported under item (4);
(6) the name and address of each political committee
from which the reporting committee received, or to which that
committee made, any transfer of funds, in any aggregate
amount or value in excess of $150, together with the amounts
and dates of all transfers;
(7) the total sum of transfers made to or from such
committee during the reporting period and not reported under
item (6);
(8) each loan to or from any person within the reporting
period by or to such committee in an aggregate amount or
value in excess of $150, together with the full names and
mailing addresses of the lender and endorsers, if any, and
the date and amount of such loans;
(9) the total amount of proceeds received by such
committee from (a) the sale of tickets for each dinner,
luncheon, cocktail party, rally, and other fund-raising
events; (b) mass collections made at such events; and (c)
sales of items such as political campaign pins, buttons,
badges, flags, emblems, hats, banners, literature, and
similar materials;
(10) each contribution, rebate, refund, or other receipt
in excess of $150 received by such committee not otherwise
listed under items (4) through (9);
(11) the total sum of all receipts by or for such
committee or candidate during the reporting period.
The reports of campaign contributions filed under this
Article shall be cumulative during the reporting period to
which they relate, but where there has been no change in an
item reported in a previous report during such year, only the
amount need be carried forward.
(Source: P.A. 86-873.)
(10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
Sec. 9-12. Each report of campaign contributions
required by Section 9-10 of this Article to be filed with the
Board or the Board and the county clerk shall be verified,
dated, and signed by either the treasurer of the political
committee making the report or the candidate on whose behalf
the report is made, and shall contain substantially the
following:
REPORT OF CAMPAIGN CONTRIBUTIONS
(1) name and address of the political committee:
.............................................................
(2) scope, area of activity, party affiliation, candidate
affiliation, and purposes of the political committee:
.............................................................
.............................................................
.............................................................
.............................................................
(3) the date of the beginning of the reporting period, and
the amount of funds on hand at the beginning of the reporting
period:
.............................................................
(3) (4) the full name and mailing address of each person who
has made one or more contributions to or for the committee
within the reporting period in an aggregate amount or value
in excess of $150, together with the amount and date of such
contributions:
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
(4) (5) the total sum of individual contributions made to or
for the committee during the reporting period and not
reported under item (3) (4) -
.............................................................
(5) (6) the name and address of each political committee
from which the reporting committee received, or to which that
committee made, any transfer of funds, in an aggregate amount
or value in excess of $150, together with the amounts and
dates of all transfers:
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
(6) (7) the total sum of transfers made to or from such
committee during the reporting period and not under item (5)
(6):
.............................................................
(7) (8) each loan to or from any person within the reporting
period by or to the committee in an aggregate amount or value
in excess of $150, together with the full names and mailing
addresses of the lender and endorsers, if any, and the date
and amount of such loans:
(8) (9) the total amount of proceeds received by the
committee from (a) the sale of tickets for each dinner,
luncheon, cocktail party, rally, and other fund-raising
events; (b) mass collections made at such events; and (c)
sales of items such as political campaign pins, buttons,
badges, flags, emblems, hats, banners, literature, and
similar materials:
(a)..........................................................
(b)..........................................................
(c)..........................................................
(9) (10) each contribution, rebate, refund, or other receipt
in excess of $150 received by the committee not otherwise
listed under items (3) (4) through (8) (9):
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
(10) (11) the total sum of all receipts by or for the
committee during the reporting period:
.............................................................
VERIFICATION:
"I declare that this report of campaign contributions
(including any accompanying schedules and statements) has
been examined by me and to the best of my knowledge and
belief is a true, correct and complete report as required by
Article 9 of The Election Code. I understand that the penalty
for willfully filing a false or incomplete statement shall be
a fine not to exceed $500 or imprisonment in a penal
institution other than the penitentiary not to exceed 6
months, or both fine and imprisonment."
.............................................................
(date of filing) (signature of person making the report)
(Source: P.A. 86-873.)
(10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
Sec. 9-13. Each semi-annual report of campaign
contributions and expenditures under Section 9-10 shall
disclose-
(1) the name and address of the political committee;
(2) (Blank); the scope, area of activity, party
affiliation, candidate affiliation, and purposes of the
political committee;
(3) the amount of funds on hand at the beginning of the
reporting period;
(4) the full name and mailing address of each person who
has made one or more contributions to or for such committee
within the reporting period in an aggregate amount or value
in excess of $150, together with the amount and date of such
contributions;
(5) the total sum of individual contributions made to or
for such committee during the reporting period and not
reported under item (4);
(6) the name and address of each political committee
from which the reporting committee received, or to which that
committee made, any transfer of funds, in the aggregate
amount or value in excess of $150, together with the amounts
and dates of all transfers;
(7) the total sum of transfers made to or from such
committee during the reporting period and not reported under
item (6);
(8) each loan to or from any person within the reporting
period by or to such committee in an aggregate amount or
value in excess of $150, together with the full names and
mailing addresses of the lender and endorsers, if any, and
the date and amount of such loans;
(9) the total amount of proceeds received by such
committee from (a) the sale of tickets for each dinner,
luncheon, cocktail party, rally, and other fund-raising
events; (b) mass collections made at such events; and (c)
sales of items such as political campaign pins, buttons,
badges, flags, emblems, hats, banners, literature, and
similar materials;
(10) each contribution, rebate, refund, or other receipt
in excess of $150 received by such committee not otherwise
listed under items (4) through (9);
(11) the total sum of all receipts by or for such
committee or candidate during the reporting period;
(12) the full name and mailing address of each person to
whom expenditures have been made by such committee or
candidate within the reporting period in an aggregate amount
or value in excess of $150, the amount, date, and purpose of
each such expenditure and the question of public policy or
the name and address of, and office sought by, each candidate
on whose behalf such expenditure was made;
(13) the full name and mailing address of each person to
whom an expenditure for personal services, salaries, and
reimbursed expenses in excess of $150 has been made, and
which is not otherwise reported, including the amount, date,
and purpose of such expenditure;
(14) the total sum of expenditures made by such
committee during the reporting period;
(15) the full name and mailing address of each person to
whom the committee owes debts or obligations in excess of
$150, and the amount of such debts or obligations.
(Source: P.A. 86-873.)
(10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
Sec. 9-14. Each semi-annual report of campaign
contributions and expenditures required by Section 9-10 of
this Article to be filed with the Board or the Board and the
county clerk shall be verified, dated, and signed by either
the treasurer of the political committee making the report or
the candidate on whose behalf the report is made, and shall
contain substantially the following:
SEMI-ANNUAL REPORT OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES
(1) name and address of the political committee:
.............................................................
(2) scope, area of activity, party affiliation, candidate
affiliation, and purposes of the political committee:
.............................................................
.............................................................
.............................................................
.............................................................
(3) the date of the beginning of the reporting period, and
the amount of funds on hand at the beginning of the reporting
period;
.............................................................
(3) (4) the full name and mailing address of each person who
has made one or more contributions to or for the committee
within the reporting period in an aggregate amount or value
in excess of $150, together with the amount and date of such
contributions:
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
(4) (5) the total sum of individual contributions made to or
for the committee during the reporting period and not
reported under item--(3) (4):
.............................................................
(5) (6) the name and address of each political committee
from which the reporting committee received, or to which that
committee made, any transfer of funds, in an aggregate amount
or value in excess of $150, together with the amounts and
dates of all transfers:
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
(6) (7) the total sum of transfers made to or from such
committee during the reporting period and not reported under
item (5) (6);
(7) (8) each loan to or from any person within the reporting
period by or to the committee in an aggregate amount or value
in excess of $150, together with the full names and mailing
addresses of the lender and endorsers, if any, and the date
and amount of such loans:
name address amount date endorsers
.......... .......... ........ ........ ..........
.......... .......... ........ ........ ..........
.......... .......... ........ ........ ..........
(8) (9) the total amount of proceeds received by the
committee from (a) the sale of tickets for each dinner,
luncheon, cocktail party, rally, and other fund-raising
events; (b) mass collections made at such events; and (c)
sales of items such as political campaign pins, buttons,
badges, flags, emblems, hats, banners, literature, and
similar materials:
(a)..........................................................
(b)..........................................................
(c)..........................................................
(9) (10) each contribution, rebate, refund, or other receipt
in excess of $150 received by the committee not otherwise
listed under items (3) (4) through (8) (9):
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
(10) (11) the total sum of all receipts by or for the
committee during the reporting period:
.............................................................
(11) (12) the full name and mailing address of each person
to whom expenditures have been made by the committee within
the reporting period in an aggregate amount or value in
excess of $150, the amount, date, and purpose of each such
expenditure, and the question of public policy or the name
and address of, and office sought by, each candidate on whose
behalf the expenditure was made:
name address amount date purpose beneficiary
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
(12) (13) the full name and mailing address of each person
to whom an expenditure for personal services, salaries, and
reimbursed expenses in excess of $150 has been made, and
which is not otherwise reported, including the amount, date,
and purpose of such expenditure:
name address amount date purpose
.......... .......... ........ ........ ..........
.......... .......... ........ ........ ..........
.......... .......... ........ ........ ..........
(13) (14) the total sum of expenditures made by the
committee during the reporting period;
.............................................................
(14) (15) the full name and mailing address of each person
to whom the committee owes debts or obligations in excess of
$150, and the amount of such debts or obligations:
.............................................................
.............................................................
VERIFICATION:
"I declare that this semi-annual report of campaign
contributions and expenditures (including any accompanying
schedules and statements) has been examined by me and to the
best of my knowledge and belief is a true, correct and
complete report as required by Article 9 of The Election
Code. I understand that the penalty for willfully filing a
false or incomplete report shall be a fine not to exceed $500
or imprisonment in a penal institution other than the
penitentiary not to exceed 6 months, or both fine and
imprisonment."
................ .......................................
(date of filing) (signature of person making the report)
(Source: P.A. 86-873.)
(10 ILCS 5/9-17) (from Ch. 46, par. 9-17)
Sec. 9-17. All statements and reports filed under this
Article with the board or county clerk shall be available for
examination and copying by the public at all reasonable
times. Such person examining a statement or report must first
fill out a form prepared by the Board identifying the
examiner by name, occupation, address and telephone number,
and listing the date of examination and reason for such
examination. The board shall supply such forms to the county
clerks annually and replenish such forms upon request.
The Board or county clerk, as the case may be, shall
promptly notify each political committee required to file a
statement or report under this Article of each instance of an
examination of its statement or report by sending it a
duplicate original of the identification form filled out by
the person examining its report.
Any person who alters or falsifies information on a copy
of a statement or report obtained from the State Board of
Elections or the county clerk pursuant to Article 9 of this
Code and publishes, circulates or distributes such altered or
falsified information with the intent to misrepresent
contributions received or expenditures made by a candidate or
political committee shall be guilty of a Class B misdemeanor.
Any person who shall sell or utilize information copied
from statements and reports filed with the State Board of
Elections or the county clerk pursuant to Article 9 of this
Code for the purpose of soliciting contributions or for the
purpose of business solicitation shall be guilty of a Class B
misdemeanor.
(Source: P.A. 81-310.)
(10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
Sec. 9-21. Upon receipt of such complaint, the Board
shall hold a closed preliminary hearing to determine whether
or not the complaint appears to have been filed on
justifiable grounds. Such closed preliminary hearing shall be
conducted as soon as practicable after affording reasonable
notice, a copy of the complaint, and an opportunity to
testify at such hearing to both the person making the
complaint and the person against whom the complaint is
directed. If the Board determines that the complaint has not
been filed on justifiable grounds, it shall dismiss the
complaint without further hearing.
Whenever in the judgment of the Board, after affording
due notice and an opportunity for a public hearing, any
person has engaged or is about to engage in an act or
practice which constitutes or will constitute a violation of
any provision of this Article or any regulation or order
issued thereunder, the Board shall issue an order directing
such person to take such action as the Board determines may
be necessary in the public interest to correct the violation.
In addition, if the act or practice engaged in consists of
the failure to file any required report within the time
prescribed by this Article, the Board, as part of its order,
shall further provide that if, within the 12-month period
following the issuance of the order, such person fails to
file within the time prescribed by this Article any
subsequent report as may be required, such person may be
subject to a civil penalty pursuant to Section 9-23. If the
complaint is directed to an elected public official or to the
chairman or treasurer of his political committee during a
year in which that official is not a candidate seeking
nomination for, election to or retention in the same or
another office, the Board shall render its final judgment
within 42 days of the date the complaint is filed. If the
complaint is directed to a candidate seeking nomination for,
election to or retention in public office or to the chairman
or treasurer of his political committee, The Board shall
render its final judgment within 60 21 days of the date the
complaint is filed; except that during the 60 days preceding
the date of the election in reference to which the complaint
is filed, the Board shall render its final judgment within 7
days of the date the complaint is filed, and during the 7
days preceding such election, the Board shall render such
judgment before the date of such election, if possible.
At any time prior to the issuance of the Board's final
judgment, the parties may dispose of the complaint by a
written stipulation, agreed settlement or consent order. Any
such stipulation, settlement or order shall, however, be
submitted in writing to the Board and shall become effective
only if approved by the Board. If the act or practice
complained of consists of the failure to file any required
report within the time prescribed by this Article, such
stipulation, settlement or order may provide that if, within
the 12-month period following the approval of such
stipulation, agreement or order, the person complained of
fails to file within the time prescribed by this Article any
subsequent reports as may be required, such person may be
subject to a civil penalty pursuant to Section 9-23.
Any person filing a complaint pursuant to Section 9-20
may, upon written notice to the other parties and to the
Board, voluntarily withdraw the complaint at any time prior
to the issuance of the Board's final determination.
(Source: P.A. 83-1362.)
(10 ILCS 5/9-28 new)
Sec. 9-28. Electronic filing and availability. The
Board may by rule provide for the optional electronic filing
of expenditure and contribution reports. The Board shall
promptly make all reports filed under this Article by all
political committees publicly available by means of a
searchable database that is accessible through the World Wide
Web.
Section 99. Effective date. This Act takes effect on
January 1, 1998, except that this Section, the provisions
changing Sec. 9-17 of the Election Code, and the provisions
adding Sec. 9-28 to the Election Code take effect upon
becoming law.