Bill Text: IL SB3722 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. Provides that contributions to a political action committee made through dues, levies, or similar assessments paid by any natural person, corporation, labor organization, or association in a calendar year may not exceed $500 (now, may not exceed the limits set forth in the Section). Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-06 - Public Act . . . . . . . . . 97-0766 [SB3722 Detail]
Download: Illinois-2011-SB3722-Amended.html
Bill Title: Amends the Election Code. Provides that contributions to a political action committee made through dues, levies, or similar assessments paid by any natural person, corporation, labor organization, or association in a calendar year may not exceed $500 (now, may not exceed the limits set forth in the Section). Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-06 - Public Act . . . . . . . . . 97-0766 [SB3722 Detail]
Download: Illinois-2011-SB3722-Amended.html
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1 | AMENDMENT TO SENATE BILL 3722
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2 | AMENDMENT NO. ______. Amend Senate Bill 3722, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, as follows:
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5 | on page 1, by replacing line 5 with the following:
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6 | "Sections 4-50, 5-50, 6-100, 9-1.8, 9-1.9, 9-1.15, 9-2, 9-3, | ||||||
7 | 9-7,"; and
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8 | on page 10, by replacing line 8 with the following:
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9 | " organization or group of persons formed for the exclusive
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10 | purpose of making independent "; and
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11 | on page 15, immediately below line 13, by inserting the | ||||||
12 | following:
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1 | "(10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | ||||||
2 | Sec. 9-3. Political committee statement of organization. | ||||||
3 | (a) Every political committee shall file with the State | ||||||
4 | Board of Elections a
statement of organization within 10 | ||||||
5 | business days of the creation of
such
committee, except any | ||||||
6 | political committee created within the 30 days before
an
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7 | election shall file a statement of organization within 2 | ||||||
8 | business days in person, by facsimile transmission, or by | ||||||
9 | electronic mail. Any change in information previously | ||||||
10 | submitted in a statement of organization shall be reported, as | ||||||
11 | required for the original statement of organization by this | ||||||
12 | Section, within 10 days following that change. A
political | ||||||
13 | committee that acts as both a state political
committee and a | ||||||
14 | local political committee shall file a copy of each
statement | ||||||
15 | of organization with the State Board of Elections and the
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16 | county clerk.
The Board shall impose a civil penalty of $50 per | ||||||
17 | business day upon political
committees for failing to file or | ||||||
18 | late filing of a statement of organization. Such penalties | ||||||
19 | shall not
exceed $5,000, and shall not exceed $10,000 for | ||||||
20 | statewide office political
committees.
There shall be no fine | ||||||
21 | if the statement is mailed and postmarked at least 72
hours | ||||||
22 | prior to the filing deadline.
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23 | In addition to the civil penalties authorized by this | ||||||
24 | Section, the State
Board of Elections or any other political | ||||||
25 | committee may apply to the
circuit court for a temporary | ||||||
26 | restraining
order or a preliminary or permanent injunction |
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1 | against the political committee
to cease the expenditure of | ||||||
2 | funds and to cease operations until the statement
of | ||||||
3 | organization is filed.
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4 | For the purpose of this Section,
"statewide office" means | ||||||
5 | the Governor, Lieutenant Governor, Secretary of State,
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6 | Attorney General, State Treasurer, and State Comptroller.
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7 | (b) The statement of organization shall include:
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8 | (1) the name
and address of the political committee and | ||||||
9 | the designation required by Section 9-2;
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10 | (2) the scope, area of activity, party affiliation, and | ||||||
11 | purposes of the political
committee;
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12 | (3) the name, address, and position of each custodian | ||||||
13 | of the
committee's books and accounts;
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14 | (4) the name, address, and position of the committee's | ||||||
15 | principal
officers, including the chairman, treasurer, and | ||||||
16 | officers and members of
its finance committee, if any;
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17 | (5) the name and address of any sponsoring entity;
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18 | (6) a statement of what specific disposition of | ||||||
19 | residual fund will
be made in the event of the dissolution | ||||||
20 | or
termination of the committee;
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21 | (7) a listing of all banks or other financial | ||||||
22 | institutions, safety
deposit boxes, and any other | ||||||
23 | repositories or custodians of funds used by
the committee; | ||||||
24 | and
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25 | (8) the amount of funds available for campaign | ||||||
26 | expenditures as of
the filing date of the committee's |
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1 | statement of organization.
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2 | For purposes of this Section, a "sponsoring entity" is (i) | ||||||
3 | any person,
organization, corporation, or association that | ||||||
4 | contributes
at least 33% of the total funding of the political | ||||||
5 | committee or (ii) any person
or other entity that is registered | ||||||
6 | or is required to register under the
Lobbyist Registration Act | ||||||
7 | and contributes at least 33% of the total funding of
the | ||||||
8 | political committee.
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9 | (c) Each statement of organization required to be
filed in | ||||||
10 | accordance with this Section shall be verified, dated, and | ||||||
11 | signed
by either the treasurer of the political committee | ||||||
12 | making the statement or
the candidate on whose behalf the | ||||||
13 | statement is made and shall contain
substantially the following | ||||||
14 | verification: | ||||||
15 | "VERIFICATION: | ||||||
16 | I declare that this statement of organization (including | ||||||
17 | any
accompanying schedules and statements) has been examined by | ||||||
18 | me and, to the
best of my knowledge and belief, is a true, | ||||||
19 | correct, and complete statement
of organization as required by | ||||||
20 | Article 9 of the Election Code. I understand
that willfully | ||||||
21 | filing a false or incomplete statement is
subject to a civil | ||||||
22 | penalty of at least $1,001 and up to $5,000. | ||||||
23 | ................ ..........................................
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24 | (date of filing) (signature of person making the statement)". | ||||||
25 | (d) The statement of organization for a ballot initiative | ||||||
26 | committee also shall include a verification signed by the |
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1 | chairperson of the committee that (i) the committee is formed | ||||||
2 | for the purpose of supporting or opposing a question of public | ||||||
3 | policy, (ii) all contributions and expenditures of the | ||||||
4 | committee will be used for the purpose described in the | ||||||
5 | statement of organization, (iii) the committee may accept | ||||||
6 | unlimited contributions from any source, provided that the | ||||||
7 | ballot initiative committee does not make contributions or | ||||||
8 | expenditures in support of or opposition to a candidate or | ||||||
9 | candidates for nomination for election, election, or | ||||||
10 | retention, and (iv) failure to abide by these requirements | ||||||
11 | shall deem the committee in violation of this Article. | ||||||
12 | (d-5) The statement of organization for an independent | ||||||
13 | expenditure committee also shall include a verification signed | ||||||
14 | by the chairperson of the committee that (i) the committee is | ||||||
15 | formed for the exclusive purpose of making independent | ||||||
16 | expenditures, (ii) all contributions and expenditures of the | ||||||
17 | committee will be used for the purpose described in the | ||||||
18 | statement of organization, (iii) the committee may accept | ||||||
19 | unlimited contributions from any source, provided that the | ||||||
20 | independent expenditure committee does not make contributions | ||||||
21 | to any candidate political committee, political party | ||||||
22 | committee, or political action committee, and (iv) failure to | ||||||
23 | abide by these requirements shall deem the committee in | ||||||
24 | violation of this Article. | ||||||
25 | (e) For purposes of implementing the changes made by this | ||||||
26 | amendatory Act of the 96th General Assembly, every political |
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1 | committee in existence on the effective date of this amendatory | ||||||
2 | Act of the 96th General Assembly shall file the statement | ||||||
3 | required by this Section with the Board by December 31, 2010. | ||||||
4 | (Source: P.A. 96-832, eff. 7-1-10 .)"; and
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5 | on page 18, by replacing line 1 with the following:
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6 | "contributions from a ballot initiative committee or from an
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7 | independent expenditure committee ."; and
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8 | on page 18, by replacing line 15 with the following:
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9 | "accept contributions from a ballot initiative committee or | ||||||
10 | from
an independent expenditure committee . A"; and
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11 | on page 20, by replacing line 11 with the following:
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12 | "initiative committee or from
an independent expenditure | ||||||
13 | committee ."; and
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14 | on page 20, by replacing line 20 with the following:
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15 | "than the limit from any one contributor , and provided that an | ||||||
16 | independent
expenditure committee may not conduct joint | ||||||
17 | fundraising efforts with a
candidate political committee or a | ||||||
18 | political party committee ."; and
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1 | on page 25, by replacing line 23 with the following:
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2 | "person meeting or exceeding the $3,000 threshold. A natural | ||||||
3 | person who
has made a written disclosure with the State Board | ||||||
4 | of Elections shall have a continuing
obligation to report | ||||||
5 | further expenditures in relation to the same election, in | ||||||
6 | $1,000
increments, to the State Board until the conclusion of | ||||||
7 | that election.
A natural "; and
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8 | on page 26, immediately below line 20, by inserting the | ||||||
9 | following:
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10 | " (d) In the event that a political committee organized as | ||||||
11 | an independent
expenditure committee makes a contribution to | ||||||
12 | any other political committee
other than another independent | ||||||
13 | expenditure committee or a ballot initiative
committee, the | ||||||
14 | State Board shall assess a fine equal to the amount of any | ||||||
15 | contribution
received in the preceding 2 years by the | ||||||
16 | independent expenditure committee
that exceeded the limits for | ||||||
17 | a political action committee set forth in subsection (d) of | ||||||
18 | Section 9-8.5. ".
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