093_HB3388
LRB093 09608 JAM 09846 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Section 9-10 as follows:
6 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
7 Sec. 9-10. Financial reports.
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
12 campaign 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
15 committee that acts as both a state political committee and a
16 local political committee shall file a copy of each report
17 with the State Board of Elections and the county clerk.
18 Entities subject to Section 9-7.5 shall file reports required
19 by that Section at times provided in this Section and are
20 subject to the penalties provided in this Section.
21 (b) Reports of campaign contributions shall be filed no
22 later than the 15th day next preceding each election
23 including a primary election in connection with which the
24 political committee has accepted or is accepting
25 contributions or has made or is making expenditures. Such
26 reports shall be complete as of the 30th day next preceding
27 each election including a primary election. The Board shall
28 assess a civil penalty not to exceed $5,000 for a violation
29 of this subsection, except that for State officers and
30 candidates and political committees formed for statewide
31 office, the civil penalty may not exceed $10,000. The fine,
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1 however, shall not exceed $500 for a first filing violation
2 for filing less than 10 days after the deadline. There shall
3 be no fine if the report is mailed and postmarked at least 72
4 hours prior to the filing deadline. For the purpose of this
5 subsection, "statewide office" and "State officer" means the
6 Governor, Lieutenant Governor, Attorney General, Secretary of
7 State, Comptroller, and Treasurer. However, a continuing
8 political committee that neither accepts contributions nor
9 makes expenditures on behalf of or in opposition to any
10 candidate or public question on the ballot at an election
11 shall not be required to file the reports heretofore
12 prescribed but may file in lieu thereof a Statement of
13 Nonparticipation in the Election with the Board or the Board
14 and the county clerk.
15 (b-5) Notwithstanding the provisions of subsection (b),
16 any contribution of $500 or more received in the interim
17 between the last date of the period covered by the last
18 report filed under subsection (b) prior to the election and
19 the date of the election shall be reported within 2 business
20 days after its receipt. The State Board shall allow filings
21 under this subsection (b-5) to be made by facsimile
22 transmission. For the purpose of this subsection, a
23 contribution is considered received on the date the public
24 official, candidate, or political committee (or equivalent
25 person in the case of a reporting entity other than a
26 political committee) actually receives it or, in the case of
27 goods or services, 2 days after the date the public official,
28 candidate, committee, or other reporting entity receives the
29 certification required under subsection (b) of Section 9-6.
30 Failure to report each contribution is a separate violation
31 of this subsection. The Board shall impose fines for
32 violations of this subsection as follows:
33 (1) if the political committee's or other reporting
34 entity's total receipts, total expenditures, and balance
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1 remaining at the end of the last reporting period were
2 each $5,000 or less, then $100 per business day for the
3 first violation, $200 per business day for the second
4 violation, and $300 per business day for the third and
5 subsequent violations.
6 (2) if the political committee's or other reporting
7 entity's total receipts, total expenditures, and balance
8 remaining at the end of the last reporting period were
9 each more than $5,000, then $200 per business day for the
10 first violation, $400 per business day for the second
11 violation, and $600 per business day for the third and
12 subsequent violations.
13 (c) In addition to such reports the treasurer of every
14 political committee shall file semi-annual reports of
15 campaign contributions and expenditures no later than July
16 31st, covering the period from January 1st through June 30th
17 immediately preceding, and no later than January 31st,
18 covering the period from July 1st through December 31st of
19 the preceding calendar year. Reports of contributions and
20 expenditures must be filed to cover the prescribed time
21 periods even though no contributions or expenditures may have
22 been received or made during the period. The Board shall
23 assess a civil penalty not to exceed $5,000 for a violation
24 of this subsection, except that for State officers and
25 candidates and political committees formed for statewide
26 office, the civil penalty may not exceed $10,000. The fine,
27 however, shall not exceed $500 for a first filing violation
28 for filing less than 10 days after the deadline. There shall
29 be no fine if the report is mailed and postmarked at least 72
30 hours prior to the filing deadline. For the purpose of this
31 subsection, "statewide office" and "State officer" means the
32 Governor, Lieutenant Governor, Attorney General, Secretary of
33 State, Comptroller, and Treasurer.
34 (c-5) A political committee that acts as either (i) a
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1 State and local political committee or (ii) a local political
2 committee and that files reports electronically under Section
3 9-28 is not required to file copies of the reports with the
4 appropriate county clerk if the county clerk has a system
5 that permits access to, and duplication of, reports that are
6 filed with the State Board of Elections. A State and local
7 political committee or a local political committee shall file
8 with the county clerk a copy of its statement of organization
9 pursuant to Section 9-3.
10 (d) A copy of each report or statement filed under this
11 Article shall be preserved by the person filing it for a
12 period of two years from the date of filing.
13 (Source: P.A. 90-737, eff. 1-1-99.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.