Bill Text: IL HB0717 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Election Code. Requires 2-day reporting by political committees of certain campaign contributions during the approximately 60 (now, approximately 30) days before a primary or election. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0717 Detail]
Download: Illinois-2009-HB0717-Introduced.html
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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 Section | |||||||||||||||||||
5 | 9-10 as follows:
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6 | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
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7 | Sec. 9-10. Financial reports.
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8 | (a) The treasurer of every state political committee and | |||||||||||||||||||
9 | the
treasurer of every local political committee shall file | |||||||||||||||||||
10 | with the
Board, and the treasurer of every local political | |||||||||||||||||||
11 | committee shall file
with the county clerk, reports of campaign | |||||||||||||||||||
12 | contributions, and semi-annual
reports of campaign | |||||||||||||||||||
13 | contributions and expenditures on forms to be
prescribed or | |||||||||||||||||||
14 | approved by the Board. The treasurer of every political
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15 | committee that acts as both a state political committee and a | |||||||||||||||||||
16 | local
political committee shall file a copy of each report with | |||||||||||||||||||
17 | the State Board
of Elections and the county clerk.
Entities | |||||||||||||||||||
18 | subject to Section 9-7.5 shall file reports required by
that | |||||||||||||||||||
19 | Section at times
provided in this Section and are subject to | |||||||||||||||||||
20 | the penalties provided in this
Section.
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21 | (b) This subsection does not apply with respect to general | |||||||||||||||||||
22 | primary elections. Reports of campaign contributions shall be | |||||||||||||||||||
23 | filed no later than the
15th day next preceding each election |
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1 | in
connection with which the political committee has accepted | ||||||
2 | or is
accepting contributions or has made or is making | ||||||
3 | expenditures. Such
reports shall be complete as of the 30th day | ||||||
4 | next preceding each election. The Board shall assess a civil | ||||||
5 | penalty not to
exceed $5,000 for a violation of this | ||||||
6 | subsection, except that for State
officers and candidates
and | ||||||
7 | political
committees formed for statewide office, the civil
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8 | penalty may not exceed $10,000.
The fine, however, shall not | ||||||
9 | exceed $500 for a
first filing violation for filing less than | ||||||
10 | 10 days after the deadline.
There shall be no fine if the | ||||||
11 | report is mailed and postmarked at least 72 hours
prior to the | ||||||
12 | filing deadline.
For the purpose of this subsection, "statewide
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13 | office" and "State officer" means the Governor, Lieutenant | ||||||
14 | Governor, Attorney
General,
Secretary of State,
Comptroller, | ||||||
15 | and Treasurer. However, a
continuing political committee that | ||||||
16 | does not make an expenditure or
expenditures in an aggregate | ||||||
17 | amount of more than $500 on behalf of or in opposition to any | ||||||
18 | (i) candidate or candidates, (ii) public
question or questions, | ||||||
19 | or (iii) candidate or candidates and public question or | ||||||
20 | questions on the ballot at an election shall not be required to | ||||||
21 | file the
reports prescribed in this subsection (b) and | ||||||
22 | subsection (b-5) but may file in lieu thereof a Statement of
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23 | Nonparticipation in the Election with the Board or the Board | ||||||
24 | and the county
clerk ; except that if the political committee, | ||||||
25 | by the terms of its statement of organization filed in | ||||||
26 | accordance with this Article, is organized to support or oppose |
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1 | a candidate or public question on the ballot at the next | ||||||
2 | election or primary, that committee must file reports required | ||||||
3 | by this subsection (b) and by subsection (b-5).
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4 | (b-5) Notwithstanding the provisions of subsection (b) and
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5 | Section 1.25 of the Statute on Statutes, any contribution
of | ||||||
6 | more than $500 received (i) with respect to elections other | ||||||
7 | than the general primary election, in the interim between the | ||||||
8 | 30th day before the last date
of the period
covered by the last | ||||||
9 | report filed under subsection (b) prior to the election and
the | ||||||
10 | date of the election or (ii) with respect to general primary | ||||||
11 | elections, in the period beginning the December 1st before | ||||||
12 | January 1 of the year of the general primary election and prior | ||||||
13 | to the date of the general primary election shall be filed with | ||||||
14 | and must actually be received by
the State Board of Elections | ||||||
15 | within 2 business days after
receipt of such contribution. A | ||||||
16 | continuing political committee that does not support or oppose | ||||||
17 | a candidate or public question on the ballot at a general | ||||||
18 | primary election and does not make expenditures in excess of | ||||||
19 | $500 on behalf of or in opposition to any candidate or public | ||||||
20 | question on the ballot at the general primary election shall | ||||||
21 | not be required to file the report prescribed in this | ||||||
22 | subsection unless the committee makes an expenditure in excess | ||||||
23 | of $500 on behalf of or in opposition to any candidate or | ||||||
24 | public question on the ballot at the general primary election. | ||||||
25 | The committee shall timely file the report required under this | ||||||
26 | subsection beginning with the date the expenditure that |
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1 | triggered participation was made.
The State Board shall allow | ||||||
2 | filings of reports of contributions of more than
$500 under | ||||||
3 | this subsection (b-5) by political committees that are not
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4 | required to file electronically to be made by
facsimile | ||||||
5 | transmission.
For the purpose of this subsection, a | ||||||
6 | contribution is considered
received on the date the public | ||||||
7 | official, candidate, or political committee (or
equivalent | ||||||
8 | person
in the case of a
reporting entity other than a political | ||||||
9 | committee) actually receives it or, in
the case of goods or | ||||||
10 | services, 2 business days after the date the public
official,
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11 | candidate, committee,
or other reporting entity receives the | ||||||
12 | certification required under subsection
(b) of Section 9-6.
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13 | Failure to report
each contribution is a separate violation of | ||||||
14 | this subsection. In the final
disposition of any matter by the | ||||||
15 | Board on or after the effective date of this
amendatory Act of | ||||||
16 | the 93rd General Assembly, the Board
may
impose fines for | ||||||
17 | violations of this subsection not to exceed 100% of the
total
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18 | amount of the contributions that were untimely reported, but in | ||||||
19 | no case when a
fine is imposed shall it be less
than 10% of the | ||||||
20 | total amount of the contributions that were untimely
reported.
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21 | When considering the amount of the fine to be imposed, the | ||||||
22 | Board shall
consider, but is not limited to, the following | ||||||
23 | factors:
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24 | (1) whether in the Board's opinion the violation was | ||||||
25 | committed
inadvertently,
negligently, knowingly, or | ||||||
26 | intentionally;
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1 | (2) the number of days the contribution was reported | ||||||
2 | late; and
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3 | (3) past violations of Sections 9-3 and 9-10 of this | ||||||
4 | Article by the
committee.
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5 | (c) In addition to such reports the treasurer of every | ||||||
6 | political
committee shall file semi-annual reports of campaign | ||||||
7 | contributions and
expenditures no later than July 20th, | ||||||
8 | covering the period from January 1st
through June 30th | ||||||
9 | immediately preceding, and no later than January 20th,
covering | ||||||
10 | the period from July 1st through December 31st of the preceding
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11 | calendar year. Reports of contributions and expenditures must | ||||||
12 | be filed to
cover the prescribed time periods even though no | ||||||
13 | contributions or
expenditures may have been received or made | ||||||
14 | during the period.
The Board shall assess a civil penalty not | ||||||
15 | to exceed $5,000 for a violation
of this subsection, except | ||||||
16 | that for State officers and candidates
and political
committees | ||||||
17 | formed for statewide office, the civil
penalty may not exceed | ||||||
18 | $10,000.
The fine, however, shall not exceed $500 for a
first | ||||||
19 | filing violation for filing less than 10 days after the | ||||||
20 | deadline.
There shall be no fine if the report is mailed and | ||||||
21 | postmarked at least 72 hours
prior to the filing deadline.
For | ||||||
22 | the purpose of this subsection, "statewide
office" and "State | ||||||
23 | officer"
means the Governor, Lieutenant Governor, Attorney | ||||||
24 | General, Secretary
of State,
Comptroller, and Treasurer.
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25 | (c-5) A political committee that acts as either (i) a State | ||||||
26 | and local
political committee or (ii) a local political |
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1 | committee and that files reports
electronically under Section | ||||||
2 | 9-28 is not required to file copies of the reports
with the | ||||||
3 | appropriate county clerk if the county clerk has a system that
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4 | permits access to, and duplication of, reports that are filed | ||||||
5 | with the State
Board of Elections. A State and local political | ||||||
6 | committee or
a local political committee shall file with the | ||||||
7 | county clerk a copy of its
statement of organization pursuant | ||||||
8 | to Section 9-3.
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9 | (d) A copy of each report or statement filed under this | ||||||
10 | Article
shall be
preserved by the person filing it for a period | ||||||
11 | of two years from the
date of filing.
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12 | (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | ||||||
13 | eff. 1-1-09.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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