Bill Text: IL SB1768 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Election Code with respect to campaign finance. Limits a candidate to the establishment of one political committee; permits a General Assembly caucus leader to establish an additional caucus committee. Requires candidates, and permits political parties and General Assembly caucus leaders, to designate a single political committee to accept campaign contributions and regulates the manner of designation. Prohibits campaign contributions to political committees of public office candidates, established political parties, political party committeeperson candidates, and legislative caucuses except in limited amounts from individuals and political committees. Regulates the solicitation by corporations, labor organizations, and associations of employees and employee families for campaign contributions. Requires political committees to furnish the State Board of Election with reports of audits of the committees.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2009-05-07 - Added as Chief Co-Sponsor Sen. Pamela J. Althoff [SB1768 Detail]

Download: Illinois-2009-SB1768-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1768 Introduced 2/19/2009, by Sen. Heather Steans - Jacqueline Y. Collins SYNOPSIS AS INTRODUCED:
10 ILCS 5/Art. 9 heading
10 ILCS 5/9-1 from Ch. 46, par. 9-1
10 ILCS 5/9-1.4 from Ch. 46, par. 9-1.4
10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
10 ILCS 5/9-1.16 new
10 ILCS 5/9-1.17 new
10 ILCS 5/9-1.18 new
10 ILCS 5/9-1.19 new
10 ILCS 5/9-1.20 new
10 ILCS 5/9-1.21 new
10 ILCS 5/9-1.22 new
10 ILCS 5/9-1.23 new
10 ILCS 5/9-1.24 new
10 ILCS 5/9-2.5 new
10 ILCS 5/9-2.7 new
10 ILCS 5/9-8.5 new
10 ILCS 5/9-8.7 new
10 ILCS 5/9-29 new
Amends the Election Code with respect to campaign finance. Limits a candidate to the establishment of one political committee; permits a General Assembly caucus leader to establish an additional caucus committee. Requires candidates, and permits political parties and General Assembly caucus leaders, to designate a single political committee to accept campaign contributions and regulates the manner of designation. Prohibits campaign contributions to political committees of public office candidates, established political parties, political party committeeperson candidates, and legislative caucuses except in limited amounts from individuals and political committees. Regulates the solicitation by corporations, labor organizations, and associations of employees and employee families for campaign contributions. Requires political committees to furnish the State Board of Election with reports of audits of the committees.
LRB096 10909 JAM 21154 b
A BILL FOR
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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 the
heading of Article 9 and Sections 9-1, 9-1.4, and 9-1.5 and by
adding Sections 9-1.16, 9-1.17, 9-1.18, 9-1.19, 9-1.20,
9-1.21, 9-1.22, 9-1.23, 9-1.24, 9-2.5, 9-2.7, 9-8.5, 9-8.7, and
9-29 as follows:
(10 ILCS 5/Art. 9 heading)
ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES
(10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
Sec. 9-1. As used in this Article, unless the context
otherwise requires, the terms defined in Sections 9-1.1 through
9-1.24 9-1.13, have the respective meanings as defined in those
Sections.
(Source: P.A. 86-873.)
(10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
Sec. 9-1.4. Contribution.
(A) "Contribution" means-
(1) a gift, subscription, donation, dues, loan,

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advance, or deposit of money or anything of value,
knowingly received in connection with the nomination for
election, or election, or retention of any person to or in
public office, in connection with the election of any
person as ward or township committeeman in counties of
3,000,000 or more population, or in connection with any
question of public policy;
(1.5) a gift, subscription, donation, dues, loan,
advance, deposit of money, or anything of value that
constitutes an electioneering communication regardless of
whether the communication is made in concert or cooperation
with or at the request, suggestion, or knowledge of a
candidate, a candidate's authorized local political
committee, a State political committee, a political
committee in support of or opposition to a question of
public policy, or any of their agents;
(2) the purchase of tickets for fund-raising events,
including but not limited to dinners, luncheons, cocktail
parties, and rallies made in connection with the nomination
for election, or election, or retention of any person to or
in public office, in connection with the election of any
person as ward or township committeeman in counties of
3,000,000 or more population, or in connection with any
question of public policy;
(3) a transfer of funds between political committees;
and

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(4) the services of an employee donated by an employer,
in which case the contribution shall be listed in the name
of the employer, except that any individual services
provided voluntarily and without promise or expectation of
compensation from any source shall not be deemed a
contribution; and but
(5) any expenditure made in cooperation, consultation,
or concert with the committee, but
(6) (5) does not include--
(a) the use of real or personal property and the
cost of invitations, food, and beverages, voluntarily
provided by an individual in rendering voluntary
personal services on the individual's residential
premises for candidate-related activities; provided
the value of the service provided does not exceed an
aggregate of $150 in a reporting period;
(b) (blank); the sale of any food or beverage by a
vendor for use in a candidate's campaign at a charge
less than the normal comparable charge, if such charge
for use in a candidate's campaign is at least equal to
the cost of such food or beverage to the vendor.
(c) communications on any subject by a corporation
to its stockholders and executive or administrative
personnel and their families, by a labor organization
to its members and their families, or by an association
to its members and their families;

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(d) voter registration and get-out-the-vote
campaigns that make no mention of any clearly
identified candidate, public question, or political
party, or group or combination thereof;
(e) the establishment, administration, and
solicitation of contributions to a separate segregated
fund to be used for political purposes by a
corporation, labor organization, or association; or
(f) a secured loan of money by a national or State
bank or credit union made in accordance with the
applicable banking laws and regulations and in the
ordinary course of business; however, the use,
ownership, or control of any security for such a loan,
if provided by a person other than the candidate or his
or her committee, qualifies as a contribution.
(B) Interest or other investment income, earnings or
proceeds, and refunds or returns of all or part of a
committee's previous expenditures, shall not be considered
contributions for the purposes of Section 9-8.5 but shall be
listed with contributions on disclosure reports required by
this Article.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
Sec. 9-1.5. Expenditure defined.
"Expenditure" means-

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(1) a payment, distribution, purchase, loan, advance,
deposit, or gift of money or anything of value, in connection
with the nomination for election, or election, or retention of
any person to or in public office, in connection with the
election of any person as ward or township committeeman in
counties of 3,000,000 or more population, or in connection with
any question of public policy. "Expenditure" also includes a
payment, distribution, purchase, loan, advance, deposit, or
gift of money or anything of value that constitutes an
electioneering communication regardless of whether the
communication is made in concert or cooperation with or at the
request, suggestion, or knowledge of a candidate, a candidate's
authorized local political committee, a State political
committee, a political committee in support of or opposition to
a question of public policy, or any of their agents. However,
expenditure does not include -
(a) the use of real or personal property and the cost
of invitations, food, and beverages, voluntarily provided
by an individual in rendering voluntary personal services
on the individual's residential premises for
candidate-related activities; provided the value of the
service provided does not exceed an aggregate of $150 in a
reporting period. ;
(b) the sale of any food or beverage by a vendor for
use in a candidate's campaign at a charge less than the
normal comparable charge, if such charge for use in a

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candidate's campaign is at least equal to the cost of such
food or beverage to the vendor.
(2) a transfer of funds between political committees.
(3) a payment for electioneering communications.
(Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
93-847, eff. 7-30-04.)
(10 ILCS 5/9-1.16 new)
Sec. 9-1.16. Independent expenditure. "Independent
expenditure" means an expenditure by a person:
(a) expressly advocating the election or defeat of a
clearly identified candidate; and
(b) that is not made in cooperation, consultation, or
concert with or at the request or suggestion or the candidate,
the candidate's authorized political committee or agents, or
agents thereof.
(10 ILCS 5/9-1.17 new)
Sec. 9-1.17. Clearly identified or identifiable. "Clearly
identified" or "clearly identifiable" means that:
(a) the name, voice, image, or likeness of a candidate
appears; or
(b) the identify of the candidate is apparent by
unambiguous reference.
(10 ILCS 5/9-1.18 new)

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Sec. 9-1.18. Regular election period. "Regular election
period" means any of:
(a) the period beginning on January 1 immediately following
the date of the general election for the office to which a
candidate seeks nomination or election and ending the day of
the General primary election for that office;
(b) the period beginning on the day after the general
primary election for the office to which the candidate seeks
nomination or election and ending on the December 31 after the
general election for that office;
(c) the period beginning on the date on which a sitting
judge declares for retention and ending 90 days after the
retention election.
(10 ILCS 5/9-1.19 new)
Sec. 9-1.19. Municipal election period. "Municipal
election period" means the period beginning on July 1
immediately following the date of the consolidated primary
election or consolidated election at which the office for which
the candidate seeks nomination or election is filled and ending
on June 30 immediately preceding the date of the next
consolidated primary election for that office, unless the
office is not filled at the consolidated primary election, in
which instance candidates who will seek office in the next
upcoming consolidated election may begin a new municipal
election period the day after the consolidated primary election

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and ending on the next June 30.
(10 ILCS 5/9-1.20 new)
Sec. 9-1.20. Labor organization. The term "labor
organization" means any organization of any kind or any agency
or employee representation committee or plan in which employees
participate and that exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or
conditions of work.
(10 ILCS 5/9-1.21 new)
Sec. 9-1.21. Corporation. The term "corporation" includes
a limited liability company, partnership, professional
practice, cooperative, or sole proprietorship, whether
organized on a for-profit or non-profit basis.
(10 ILCS 5/9-1.22 new)
Sec. 9-1.22. Association. The term "association" means any
group, club, meeting, collective, membership organization,
collection of persons, any entity organized under Section 501
or 527 of the Internal Revenue Code, or any other entity other
than a natural person, except that an association does not
include a political committee organized under this Article.
(10 ILCS 5/9-1.23 new)

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Sec. 9-1.23. Earmarked. The term "earmarked" means a
designation, instruction, or encumbrance, whether direct or
indirect, express or implied, oral or written, that results in
all or any part of a contribution or expenditure being made to,
or expended on behalf of, a clearly identified candidate a
candidate's designated committee, or a committee in support of
or opposition to a public question.
(10 ILCS 5/9-1.24 new)
Sec. 9-1.24. Conduit and intermediary. The terms "conduit"
and "intermediary" are interchangeable and mean any person who
receives a contribution earmarked by the contributor to be
forwarded or transmitted to another.
(10 ILCS 5/9-2.5 new)
Sec. 9-2.5. Single political committee.
(a) Except as provided by this Section, no public official
or candidate for public office may establish more than one
political committee for each office that public official or
candidate occupies or is seeking.
(b) A public official with one or more pre-existing
committees bound by the limits of any subsection of Section
9-8.5 considering a candidacy for any office covered by the
limits of any different subsection of Section 9-8.5 must form a
new committee, to be termed an exploratory committee. A
pre-existing committee created for the primary purpose of

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aiding that candidate's election to other offices that ceases
all fundraising after the creation of an exploratory committee
may transfer funds without limit to an exploratory committee.
Should the candidate decide against running for the new office,
fail to qualify for the ballot at the next election, or lose
the next election, any remaining funds held by the exploratory
committee shall be returned to contributors or donated to
charity, and the committee shall be closed, within 90 days.
(c) The public officials elected President of the Senate,
Minority Leader of the Senate, Speaker of the House of
Representatives, and Minority Leader of the House of
Representatives may each establish and operate one additional
political committee for the purpose of supporting the election
of candidates to the General Assembly. The committees provided
for in this subsection (c) shall not be considered established
by the President of the Senate, Minority Leader of the Senate,
Speaker of the House of Representatives, or Minority Leader of
the House of Representatives for purposes of Section 9-8.5.
(10 ILCS 5/9-2.7 new)
Sec. 9-2.7. Political committee designations.
(a) Candidate committees.
(1) Each candidate shall designate in writing one and
only one political committee to serve as the political
committee of the candidate. The designation shall be made
no later than 15 days after becoming a candidate or

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establishing the committee and shall be filed with the
State Board of Election. Any committee so designated may,
within 10 business days after notification of the
designation, reject the designation. If a committee
rejects a candidate designation, the committee must return
to donors any funds raised as a result of the designation,
and the candidate must create and designate a new committee
within 5 business days after the rejection.
(2) The name of the designated committee shall include
the name of the candidate who authorized the committee
under paragraph (1). No political committee that is not an
authorized candidate committee may include the full name of
that candidate in its name.
(b) Party committees.
(1) Any political organization or party may designate
in writing one and only one political committee to serve as
the political committee of the party for elections to State
or local office. The designation shall be made no later
than 15 days after the effective date of this amendatory
Act of the 96th General Assembly, or 15 days after
formation of the committee, and shall be filed with the
State Board of Election. The designation of a party
committee may be changed only upon the replacement of the
party chairman.
(2) The name of the designated committee shall include
the name of the party that authorized the committee under

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paragraph (1). No political committee that is not an
authorized party committee may include the full name of
that party in its name.
(c) Caucus committees.
(1) The public officials elected President of the
Senate, Minority Leader of the Senate, Speaker of the House
of Representatives, and Minority Leader of the House of
Representatives may each designate in writing one and only
one political committee to serve as the political committee
of his or her caucus. The designation shall be made no
later than 15 days after the start of the General Assembly,
and shall be filed with the State Board of Election. The
designation of a caucus committee may not be changed,
revoked, or altered until the start of the next General
Assembly unless the person elected to the office authorized
to designate the caucus committee also changes; the new
leader may designate a new committee within 15 days after
taking office. All contributions from all committees
designated the caucus committee for a particular caucus
made during a single election period shall be aggregated
for the purposes of Section 9-8.5.
(2) The name of the designated committee shall include
a clear and unambiguous reference to the caucus that
authorized the committee under paragraph (1). No political
committee that is not an authorized caucus committee may
include the name of that caucus in its name.

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(d) All designations, statements, and reports required to
be filed under this Section shall be filed with the Board. The
Board shall retain and make the designations, statements, and
reports received under this Section available for public
inspection and copying in the same manner as statements of
organization.
(10 ILCS 5/9-8.5 new)
Sec. 9-8.5. Limitation on contributions.
(a) It shall be unlawful for any person to make
contributions to a political committee except as provided in
this Section.
(b) For political committees designated by a candidate for
legislative office:
(1) Natural persons may contribute no more than $2,300
during any regular election period in which the candidate
who designated the committee is seeking nomination or
election.
(2) Political committees established by a State
political party may contribute not more than $30,000 during
the regular election period that includes the general
election in which the candidate who designated the
committee is seeking election; provided that all
committees established by a State political party, under
State or federal law, shall be considered as one committee
for the purpose of this Section.

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(3) Political committees established by a partisan
legislative caucus may contribute not more than $30,000
during any regular election period in which the candidate
who designated the committee is seeking nomination or
election.
(4) Any other political committee not designated or
controlled by the candidate may contribute no more than
$5,000 during a regular election period in which the
candidate who designated the committee is seeking
nomination or election.
(c) For political committees designated by a candidate for
a local office or for ward or township committeeman in counties
of 3,000,000 or more population:
(1) Natural persons may contribute no more than $2,300
during any regular election period in which the candidate
who designated the committee is seeking nomination or
election.
(2) The candidate may designate one and only one
political party whose political committees may contribute
not more than $10,000 during the regular election period
that includes the general election in which the candidate
who designated the committee is seeking election; provided
that all committees established by the political party,
under State or federal law, shall be considered as one
committee for the purpose of this Section.
(3) Any other political committee not designated or

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controlled by the candidate may contribute no more than
$5,000 during a regular election period in which the
candidate who designated the committee is seeking
nomination or election.
(4) Committees designated by one or more candidates for
any office required to file a statement of economic
interests with a county clerk may select to follow the
municipal election calendar. Committees that select to
follow the municipal election calendar must make that
decision at least 18 months prior to the next consolidated
primary election or within 30 days after creation. The
selection to follow the municipal election calendar is
irrevocable. For committees that select to follow the
municipal election calendar:
(A) Natural persons may contribute no more than
$2,300 during any Municipal election period in which
the candidate who designated the committee is seeking
nomination or election.
(B) The candidate may designate one and only one
political party whose political committees may
contribute not more than $10,000 during the regular
election period that includes the consolidated
election in which the candidate who designated the
committee is seeking election; provided that all
committees established by the political party, under
State or federal law, shall be considered as one

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committee for the purpose of this Section.
(C) Any other political committee not designated
or controlled by the candidate may contribute no more
than $5,000 during any municipal election period in
which the candidate who designated the committee is
seeking nomination or election.
(d) For political committees designated by a candidate for
State office, other than for legislative or statewide office:
(1) Natural persons may contribute no more than $2,300
during any regular election period in which the candidate
who designated the committee is seeking nomination,
election, or retention.
(2) The candidate may designate one and only one
political party whose political committees may contribute
not more than $10,000 during the regular election period
that includes the general election in which the candidate
who designated the committee is seeking election; provided
that all committees established by the political party,
under State or federal law, shall be considered as one
committee for the purpose of this Section.
(3) Any other political committee not designated or
controlled by the candidate may contribute no more than
$5,000 during a regular election period in which the
candidate who designated the committee is seeking
nomination, election, or retention.
(e) For political committees designated by a candidate for

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statewide office:
(1) Natural persons may contribute no more than $2,300
during any regular election period.
(2) The candidate may designate one and only one
political party whose political committees may contribute
not more than $125,000 during the regular election period
that includes the general election in which the candidate
who designated the committee is seeking election; provided
that all committees established by the political party,
under State or federal law, shall be considered as one
committee for the purpose of this Section.
(3) Any other political committee not designated or
controlled by the candidate may contribute no more than
$5,000 during a regular election period.
(f) For political committees designated by an established
political party:
(1) Natural persons may contribute no more than $2,300
during any regular election period during which any
candidate actively supported by the party is seeking
nomination or election.
(2) Any other political committee may contribute no
more than $5,000 during any regular election period during
which any candidate actively supported by the party is
seeking nomination or election.
(g) For political committees designated by a legislative
caucus:

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(1) Natural persons may contribute no more than $2,300
during any regular election period during which any
candidate actively supported by the caucus is seeking
nomination or election.
(2) Any other political committee may contribute no
more than $5,000 during any regular election period during
which any candidate actively supported by the caucus is
seeking nomination or election.
(h) For any other political committee, natural persons may
contribute no more than $2,300 during any period beginning on
January 1 of an odd-numbered year and ending on December 31 of
an even-numbered year. A corporation, labor organization,
association, or other political committee may contribute no
more than $5,000 during each election period. All contributions
from associated entities, including political committees for
which the corporation, labor organization, or association is
the sponsoring entity, shall be aggregated for the purposes of
this Section.
(i) Nothing in this Section shall prohibit political
committees from dividing the proceeds of joint fund raising
efforts; provided that no political committee may receive more
than the limit from any one donor and all donations shall be
listed as from their true origin.
(j) No natural person may contribute in aggregate more than
$80,000 to political committees during any period beginning on
January 1 of an odd-numbered year and ending on December 31 of

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an even-numbered year.
(k) On January 1 of every odd-numbered year, the State
Board of Elections shall adjust the limits established in
subsections (b), (c), (d), (f), (g), (h), and (j) for inflation
as determined by the Consumer Price Index for All Urban
Consumers as issued by the United States Department of Labor
and rounded to the nearest $100.
(l) In any instance where a corporation and any of its
subsidiaries, branches, divisions, departments, or local
units; a labor organization and any of its subsidiaries,
branches, divisions, departments, or local units; or an
association or any of its affiliates, subsidiaries, branches,
divisions, departments, or local units contribute to one or
more political committees or establish, maintain, or control
more than one separate segregated fund qualified as a political
committee, all of the related contributing entities shall be
treated as a single contributing entity for the purposes of the
limitations provided by this Section.
(m) Expenditures.
(1) Expenditures made by any person in cooperation,
consultation, or concert with a candidate, his or her
authorized committee, or their agents, shall be considered
a contribution to the candidate's designated political
committee for the purpose of this Section.
(2) The financing by any person of the dissemination,
distribution, or republication, in whole or in part, of any

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broadcast or any written, graphic, or other form of
campaign materials prepared by the candidate, his or her
political committee, or their authorized agents shall be
considered to be a contribution to the candidate's
designated political committee for the purposes of this
Section.
(n) For the purposes of the limitations designated by this
Section, all contributions made by a person, either directly or
indirectly, to a particular candidate, including contributions
that are in any way earmarked or otherwise directed through an
intermediary or conduit to a candidate's committee, shall be
treated as contributions from the person to the candidate's
committee. The intermediary or conduit shall report the
original source and the intended recipient of the contribution
to the Board and to the intended recipient within 10 days after
the person made the contribution, or upon transmittal to the
candidate, whichever is earlier. A conduit's or intermediary's
contribution limits are not affected by the forwarding of an
earmarked contribution except where the conduit or
intermediary exercises any direction or control over the choice
of the recipient. Any person who is prohibited from making
contributions or expenditures in connection with a candidate or
public question shall be prohibited from acting as a conduit
for contributions earmarked for that candidate or public
question, and any person who is prohibited from acting as a
conduit who receives an earmarked contribution shall return

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that contribution to the contributor without transmitting or
forwarding it to the committee of the candidate or public
question.
(o) No candidate or political committee shall knowingly
accept any contribution or make any expenditure in violation of
the provisions of this Section. No officer or employee of a
political committee shall knowingly accept a contribution made
for the benefit or use of a candidate or knowingly make any
expenditure on behalf of a candidate in violation of any
limitation designated for contributions and expenditures under
this Section.
(p) Multiple designations.
(1) No committee may accept donations larger than those
specified in this Section, regardless of the number of
candidates that may designate that committee under Section
9-2.7.
(2) Any committee designated by candidates who
individually qualify under different subsections of this
Section shall be bound by the lower limit.
(q) Complaints.
(1) The Board shall receive complaints alleging
violations of this Section. The Board may bring complaints
and investigations on its own initiative when the Board has
reason to believe that a violation of this Section has
occurred.
(2) Upon receipt of a complaint, the Board shall hold a

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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 issue a written order to dismiss the complaint
without further hearing, specifying the defect in the
original complaint.
(3) The Board shall have the authority to promulgate
procedural rules governing the filing and hearing of
complaints under this Section that are not inconsistent
with this Section.
(4) In addition to any other penalties authorized by
this Article, the State Board of Elections, any political
committee, or any person may apply to the circuit court for
a temporary restraining order or a preliminary or permanent
injunction against a political committee or any other
entity to cease the expenditure of funds in violation of
this Section and to cease operations until the Board
determines that the committee or entity is in compliance
with this Section.
(r) Penalties.

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(1) Any person who violates this Section shall be fined
the greater of $10,000 or 3 times the value of the excess
contribution or expenditure.
(2) The State Board of Elections shall assess a penalty
of up to $5,000 for each violation against the recipient of
any contribution in violation of this Section if the
recipient knew that the donation was in violation of this
Section. For purposes of this Section, a recipient knew
that the donation was in violation of this Section if the
candidate, the committee chairman or treasurer, or any
natural person paid to perform regular campaign tasks knew
that the donation was in violation of this Section.
(10 ILCS 5/9-8.7 new)
Sec. 9-8.7. Soliciting of contributions by associations,
corporations, or labor organizations.
(a) It is unlawful for any person affiliated in any way
with a corporation knowingly soliciting an employee of that
corporation for a contribution to a political committee to fail
to inform the employee at the time of the solicitation of the
political purposes of the fund. It is unlawful for any person
affiliated in any way with a labor organization or association
knowingly soliciting an member of that labor organization or
association for a contribution to a political committee to fail
to inform the member at the time of the solicitation of the
political purposes of the fund.

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(b) It is unlawful for any person affiliated in any way
with a corporation knowingly soliciting an employee of that
corporation for a contribution to a political committee to fail
to inform the employee at the time of the solicitation of the
employee's right to refuse to contribute without any reprisal.
It is unlawful for any person affiliated in any way with a
labor organization or association knowingly soliciting any
member of the same labor organization or association for a
contribution to a political committee to fail to inform the
employee at the time of the solicitation of the employee's
right to refuse to contribute without any reprisal.
(c) Complaints.
(1) The Board shall receive complaints alleging
violations of this Section. The Board may bring complaints
and investigations on its own initiative when the Board has
reason to believe that a violation of this Section has
occurred.
(2) Upon receipt of a 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

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complaint has not been filed on justifiable grounds, it
shall issue a written order to dismiss the complaint
without further hearing, specifying the defect in the
original complaint.
(3) The Board shall have the authority to promulgate
procedural rules governing the filing and hearing of
complaints under this Section that are not inconsistent
with this Section.
(4) In addition to any other penalties authorized by
this Article, the State Board of Elections, any political
committee, or any person may apply to the circuit court for
a temporary restraining order or a preliminary or permanent
injunction against a political committee or any other
entity to cease the expenditure of funds in violation of
this Section and to cease operations until the Board
determines that the committee or entity is in compliance
with this Section.
(d) Penalties. Any person who violates this Section shall
be fined $200 for each person improperly solicited.
Contributions received from any donor within 6 months after an
improper solicitation of that donor must be returned to the
donor.
(10 ILCS 5/9-29 new)
Sec. 9-29. Audit.
(a) As part of the verification required of each report

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filed under Section 9-14, political committees organized under
this Article shall conduct audits of their finances and reports
when directed to do so by the State Board of Elections. An
audit shall be paid for by the committee and shall cover all
financial records required to be maintained by the committee at
the time the audit is ordered.
(b) The State Board of Elections shall order political
committees to conduct an audit under this Section as follows:
(1) Twice a year, within 30 days after the filing
deadline for semi-annual reports, the Board shall divide
committees into groups based on the sum total of reported
receipts. The groups shall include committees that have (A)
less than $3,000; (B) at least $3,000 but not more than
$10,000; (C) more than $10,000 but not more than $25,000;
(D) more than $25,000 but not more than $100,000; and (E)
more than $100,000 or have not filed reports by the 30th
day after the filing deadline. The Board shall, by a random
method of its choosing, select 1.0% of the committees in
Group (A), 2.0% of the committees in Group (B), 3.0% of the
committees in Group (C), 4.0% of the committees in Group
(D), and 5.0% of the committees in Group (E) and order that
they conduct audits.
(2) By affirmative vote of any 4 of the Board members.
Board members voting to order an audit shall publicly state
their reasons for so doing and may limit the audit to a
particular matter or time frame.

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(c) Audits shall conform to generally accepted accounting
principles.
(d) Committees ordered to conduct audits shall deliver a
certified copy of the audit to the Board within 45 calendar
days after the date of the Board meeting at which the audit was
ordered. The Board by affirmative vote of any 4 of its members
may grant one 45-day extension to complete the audit. Copies
shall be delivered in both written and electronic formats. The
Board shall post copies of all audits on its website.
(e) Failure to deliver a certified audit in a timely manner
is a business offense punishable by a fine of $250 per day that
the audit is late, up to a maximum of $5,000. In the event that
a committee dissolves before paying any part of a fine issued
under this Section, the chairman and the treasurer of the
committee shall be personally, jointly, and severably liable
for any outstanding balance.
Section 97. Severability. The provisions of this Act are
severable. If any provision of this Act is held invalid by a
court of competent jurisdiction, the invalidity does not affect
other provisions of the Act that can be given effect without
the invalid provision.