96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0086

 

Introduced 1/14/2009, by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
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 5/9-7.5
10 ILCS 5/9-11   from Ch. 46, par. 9-11
10 ILCS 5/9-12   from Ch. 46, par. 9-12
10 ILCS 5/9-13   from Ch. 46, par. 9-13
10 ILCS 5/9-14   from Ch. 46, par. 9-14

    Amends the Election Code. With respect to campaign finance reports, requires disclosure of all contributions, expenditures, and transfers (now, those exceeding, in the aggregate, $150).


LRB096 03090 JAM 13106 b

 

 

A BILL FOR

 

HB0086 LRB096 03090 JAM 13106 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 Sections 9-1.4, 9-1.5, 9-7.5, 9-11, 9-12, 9-13, and 9-14 as
6 follows:
 
7     (10 ILCS 5/9-1.4)  (from Ch. 46, par. 9-1.4)
8     Sec. 9-1.4. "Contribution" means-
9     (1) a gift, subscription, donation, dues, loan, advance, or
10 deposit of money or anything of value, knowingly received in
11 connection with the nomination for election, or election, of
12 any person to public office, in connection with the election of
13 any person as ward or township committeeman in counties of
14 3,000,000 or more population, or in connection with any
15 question of public policy;
16     (1.5) a gift, subscription, donation, dues, loan, advance,
17 deposit of money, or anything of value that constitutes an
18 electioneering communication regardless of whether the
19 communication is made in concert or cooperation with or at the
20 request, suggestion, or knowledge of a candidate, a candidate's
21 authorized local political committee, a State political
22 committee, a political committee in support of or opposition to
23 a question of public policy, or any of their agents;

 

 

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1     (2) the purchase of tickets for fund-raising events,
2 including but not limited to dinners, luncheons, cocktail
3 parties, and rallies made in connection with the nomination for
4 election, or election, of any person to public office, in
5 connection with the election of any person as ward or township
6 committeeman in counties of 3,000,000 or more population, or in
7 connection with any question of public policy;
8     (3) a transfer of funds between political committees; and
9     (4) the services of an employee donated by an employer, in
10 which case the contribution shall be listed in the name of the
11 employer, except that any individual services provided
12 voluntarily and without promise or expectation of compensation
13 from any source shall not be deemed a contribution; but
14     (5) does not include--
15         (a) (blank) the use of real or personal property and
16     the cost of invitations, food, and beverages, voluntarily
17     provided by an individual in rendering voluntary personal
18     services on the individual's residential premises for
19     candidate-related activities; provided the value of the
20     service provided does not exceed an aggregate of $150 in a
21     reporting period;
22         (b) the sale of any food or beverage by a vendor for
23     use in a candidate's campaign at a charge less than the
24     normal comparable charge, if such charge for use in a
25     candidate's campaign is at least equal to the cost of such
26     food or beverage to the vendor.

 

 

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1 (Source: P.A. 94-645, eff. 8-22-05.)
 
2     (10 ILCS 5/9-1.5)  (from Ch. 46, par. 9-1.5)
3     Sec. 9-1.5. Expenditure defined.
4     "Expenditure" means-
5     (1) a payment, distribution, purchase, loan, advance,
6 deposit, or gift of money or anything of value, in connection
7 with the nomination for election, or election, of any person to
8 public office, in connection with the election of any person as
9 ward or township committeeman in counties of 3,000,000 or more
10 population, or in connection with any question of public
11 policy. "Expenditure" also includes a payment, distribution,
12 purchase, loan, advance, deposit, or gift of money or anything
13 of value that constitutes an electioneering communication
14 regardless of whether the communication is made in concert or
15 cooperation with or at the request, suggestion, or knowledge of
16 a candidate, a candidate's authorized local political
17 committee, a State political committee, a political committee
18 in support of or opposition to a question of public policy, or
19 any of their agents. However, expenditure does not include -
20         (a) (blank) the use of real or personal property and
21     the cost of invitations, food, and beverages, voluntarily
22     provided by an individual in rendering voluntary personal
23     services on the individual's residential premises for
24     candidate-related activities; provided the value of the
25     service provided does not exceed an aggregate of $150 in a

 

 

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1     reporting period;
2         (b) the sale of any food or beverage by a vendor for
3     use in a candidate's campaign at a charge less than the
4     normal comparable charge, if such charge for use in a
5     candidate's campaign is at least equal to the cost of such
6     food or beverage to the vendor.
7     (2) a transfer of funds between political committees.
8 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
9 93-847, eff. 7-30-04.)
 
10     (10 ILCS 5/9-7.5)
11     Sec. 9-7.5. Nonprofit organization registration and
12 disclosure.
13     (a) Each nonprofit organization, except for a labor union,
14 that accepts contributions, makes contributions, or makes
15 expenditures during any 12-month period in an aggregate amount
16 exceeding $5,000 (I) on behalf of or in opposition to public
17 officials, candidates for public office, or a question of
18 public policy or (II) for electioneering communications shall
19 register with the State Board of Elections. The Board by rule
20 shall prescribe the registration procedure and form. The
21 registration form shall require the following information:
22         (1) The registrant's name, address, and purpose.
23         (2) The name, address, and position of each custodian
24     of the registrant's financial books, accounts, and
25     records.

 

 

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1         (3) The name, address, and position of each of the
2     registrant's principal officers.
3     (b) Each nonprofit organization required to register under
4 subsection (a) shall file contribution and expenditure reports
5 with the Board. The Board by rule shall prescribe the form,
6 which shall require the following information:
7         (1) The organization's name, address, and purpose.
8         (2) The amount of funds on hand at the beginning of the
9     reporting period.
10         (3) The full name and address of each person who has
11     made one or more contributions to or for the organization
12     within the reporting period in any an aggregate amount or
13     value in excess of $150, together with the amount and date
14     of the contributions, and if a contributor is an individual
15     who contributed more than $500, the occupation and employer
16     of the contributor or, if the occupation and employer of
17     the contributor are unknown, a statement that the
18     organization has made a good faith effort to ascertain this
19     information.
20         (4) (Blank) The total sum of individual contributions
21     made to or for the organization during the reporting period
22     and not reported in item (3).
23         (5) The name and address of each organization and
24     political committee from which the reporting organization
25     received, or to which that organization made, any transfer
26     of funds in any an aggregate amount or value in excess of

 

 

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1     $150, together with the amounts and dates of the transfers.
2         (6) (Blank) The total sum of transfers made to or from
3     the organization during the reporting period and not
4     reported in item (5).
5         (7) Each loan to or from any person within the
6     reporting period by or to the organization in any an
7     aggregate amount or value in excess of $150, together with
8     the full names and mailing addresses of the lender and
9     endorsers, if any, and the date and amount of the loans,
10     and if a lender or endorser is an individual who loaned or
11     endorsed a loan of more than $500, the occupation and
12     employer of the individual or, if the occupation and
13     employer of the individual are unknown, a statement that
14     the organization has made a good faith effort to ascertain
15     this information.
16         (8) The total amount of proceeds received by the
17     organization from (i) the sale of tickets for each dinner,
18     luncheon, cocktail party, rally, and other fundraising
19     event, (ii) mass collections made at those events, and
20     (iii) sales of items such as buttons, badges, flags,
21     emblems, hats, banners, literature, and similar materials.
22         (9) Each contribution, rebate, refund, or other
23     receipt in excess of $150 received by the organization not
24     otherwise listed under items (3) through (8), and if a
25     contributor is an individual who contributed more than
26     $500, the occupation and employer of the contributor or, if

 

 

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1     the occupation and employer of the contributor are unknown,
2     a statement that the organization has made a good faith
3     effort to ascertain this information.
4         (10) The total sum of all receipts by or for the
5     organization during the reporting period.
6         (11) The full name and mailing address of each person
7     to whom expenditures have been made by the organization
8     within the reporting period in any an aggregate amount or
9     value in excess of $150, the amount, date, and purpose of
10     each expenditure, and the question of public policy on
11     behalf of which the expenditure was made.
12         (12) The full name and mailing address of each person
13     to whom an expenditure for personal services, salaries, and
14     reimbursed expenses in excess of $150 has been made and
15     which is not otherwise reported, including the amount,
16     date, and purpose of the expenditure.
17         (13) The total sum of expenditures made by the
18     organization during the reporting period.
19         (14) The full name and mailing address of each person
20     to whom the organization owes debts or obligations in
21     excess of $150 and the amount of the debts or obligations.
22     The State Board by rule shall define a "good faith effort".
23     (c) The reports required under subsection (b) shall be
24 filed at the same times and for the same reporting periods as
25 reports of campaign contributions and semi-annual reports of
26 campaign contributions and expenditures required by this

 

 

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1 Article of political committees. The reports required under
2 subsection (b) shall be available for public inspection and
3 copying in the same manner as reports filed by political
4 committees. The Board may charge a fee that covers the costs of
5 copying and distribution, if any.
6     (d) An organization required to file reports under
7 subsection (b) shall include a statement on all literature and
8 advertisements soliciting funds stating the following:
9     "A copy of our report filed with the State Board of
10 Elections is (or will be) available for purchase from the State
11 Board of Elections, Springfield, Illinois".
12 (Source: P.A. 94-645, eff. 8-22-05.)
 
13     (10 ILCS 5/9-11)  (from Ch. 46, par. 9-11)
14     Sec. 9-11. Each report of campaign contributions under
15 Section 9-10 shall disclose-
16     (1) the name and address of the political committee;
17     (2) (Blank);
18     (3) the amount of funds on hand at the beginning of the
19 reporting period;
20     (4) the full name and mailing address of each person who
21 has made one or more contributions to or for such committee
22 within the reporting period in any an aggregate amount or value
23 in excess of $150, together with the amount and date of such
24 contributions, and if a contributor is an individual who
25 contributed more than $500, the occupation and employer of the

 

 

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1 contributor or, if the occupation and employer of the
2 contributor are unknown, a statement that the committee has
3 made a good faith effort to ascertain this information;
4     (5) (blank) the total sum of individual contributions made
5 to or for such committee during the reporting period and not
6 reported under item (4);
7     (6) the name and address of each political committee from
8 which the reporting committee received, or to which that
9 committee made, any transfer of funds, in any aggregate amount
10 or value in excess of $150, together with the amounts and dates
11 of all transfers;
12     (7) (blank) the total sum of transfers made to or from such
13 committee during the reporting period and not reported under
14 item (6);
15     (8) each loan to or from any person within the reporting
16 period by or to such committee in any an aggregate amount or
17 value in excess of $150, together with the full names and
18 mailing addresses of the lender and endorsers, if any, and the
19 date and amount of such loans, and if a lender or endorser is
20 an individual who loaned or endorsed a loan of more than $500,
21 the occupation and employer of that individual, or if the
22 occupation and employer of the individual are unknown, a
23 statement that the committee has made a good faith effort to
24 ascertain this information;
25     (9) the total amount of proceeds received by such committee
26 from (a) the sale of tickets for each dinner, luncheon,

 

 

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1 cocktail party, rally, and other fund-raising events; (b) mass
2 collections made at such events; and (c) sales of items such as
3 political campaign pins, buttons, badges, flags, emblems,
4 hats, banners, literature, and similar materials;
5     (10) each contribution, rebate, refund, or other receipt in
6 excess of $150 received by such committee not otherwise listed
7 under items (4) through (9), and if a contributor is an
8 individual who contributed more than $500, the occupation and
9 employer of the contributor or, if the occupation and employer
10 of the contributor are unknown, a statement that the committee
11 has made a good faith effort to ascertain this information;
12     (11) the total sum of all receipts by or for such committee
13 or candidate during the reporting period.
14     The Board shall by rule define a "good faith effort".
15     The reports of campaign contributions filed under this
16 Article shall be cumulative during the reporting period to
17 which they relate.
18 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
 
19     (10 ILCS 5/9-12)  (from Ch. 46, par. 9-12)
20     Sec. 9-12. Each report of campaign contributions required
21 by Section 9-10 of this Article to be filed with the Board or
22 the Board and the county clerk shall be verified, dated, and
23 signed by either the treasurer of the political committee
24 making the report or the candidate on whose behalf the report
25 is made, and shall contain substantially the following:

 

 

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1
REPORT OF CAMPAIGN CONTRIBUTIONS
2 (1) name and address of the political committee:
3 .............................................................
4 (2) the date of the beginning of the reporting period, and the
5 amount of funds on hand at the beginning of the reporting
6 period:
7 .............................................................
8 (3) the full name and mailing address of each person who has
9 made one or more contributions to or for the committee within
10 the reporting period in any an aggregate amount or value in
11 excess of $150, together with the amount and date of such
12 contributions, and if a contributor is an individual who
13 contributed more than $500, the occupation and employer of each
14 contributor or, if the occupation and employer of the
15 contributor are unknown, a statement that the committee has
16 made a good faith effort to ascertain this information:
17nameaddressamountdateoccupationemployer
18.......................................
19.......................................
20.......................................
21.......................................
22.......................................
23 (4) (blank) the total sum of individual contributions made to
24 or for the committee during the reporting period and not
25 reported under item (3) -
26 .............................................................

 

 

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1 (5) the name and address of each political committee from which
2 the reporting committee received, or to which that committee
3 made, any transfer of funds, in any an aggregate amount or
4 value in excess of $150, together with the amounts and dates of
5 all transfers:
6nameaddressamountdate
7........................................
8........................................
9........................................
10(6) (blank) the total sum of transfers made to or from such
11committee during the reporting period and not under item (5):
12...............
13(7) each loan to or from any person within the reporting period
14by or to the committee in any an aggregate amount or value in
15excess of $150, together with the full names and mailing
16addresses of the lender and endorsers, if any, and the date and
17amount of such loans, and if a lender or endorser is an
18individual who loaned or endorsed a loan of more than $500, the
19occupation and employer of each person making the loan, or if
20the occupation and employer of the individual are unknown, a
21statement that the committee has made a good faith effort to
22ascertain this information:

 

 

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1(8) the total amount of proceeds received by the committee from
2(a) the sale of tickets for each dinner, luncheon, cocktail
3party, rally, and other fund-raising events; (b) mass
4collections made at such events; and (c) sales of items such as
5political campaign pins, buttons, badges, flags, emblems, hats,
6banners, literature, and similar materials:
7(a)............
8(b)............
9(c)............
10 (9) each contribution, rebate, refund, or other receipt in
11 excess of $150 received by the committee not otherwise listed
12 under items (3) through (8), and if the contributor is an
13 individual who contributed more than $500, the occupation and
14 employer of each contributor or, if the occupation and employer
15 of the contributor are unknown, a statement that the committee
16 has made a good faith effort to ascertain this information:
17nameaddressamountdateoccupationemployer
18.......................................
19.......................................
20 (10) the total sum of all receipts by or for the committee
21 during the reporting period:
22 .............................................................
23 VERIFICATION:
24     "I declare that this report of campaign contributions
25 (including any accompanying schedules and statements) has been
26 examined by me and to the best of my knowledge and belief is a

 

 

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1 true, correct and complete report as required by Article 9 of
2 The Election Code. I understand that willfully filing a false
3 or incomplete statement is a business offense subject to a fine
4 of up to $5,000."
5 .............................................................
6 (date of filing)      (signature of person making the report)
7 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
 
8     (10 ILCS 5/9-13)  (from Ch. 46, par. 9-13)
9     Sec. 9-13. Each semi-annual report of campaign
10 contributions and expenditures under Section 9-10 shall
11 disclose-
12     (1) the name and address of the political committee;
13     (2) (Blank);
14     (3) the amount of funds on hand at the beginning of the
15 reporting period;
16     (4) the full name and mailing address of each person who
17 has made one or more contributions to or for such committee
18 within the reporting period in any an aggregate amount or value
19 in excess of $150, together with the amount and date of such
20 contributions, and if the contributor is an individual who
21 contributed more than $500, the occupation and employer of the
22 contributor or, if the occupation and employer of the
23 contributor are unknown, a statement that the committee has
24 made a good faith effort to ascertain this information;
25     (5) (blank) the total sum of individual contributions made

 

 

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1 to or for such committee during the reporting period and not
2 reported under item (4);
3     (6) the name and address of each political committee from
4 which the reporting committee received, or to which that
5 committee made, any transfer of funds, in any the aggregate
6 amount or value in excess of $150, together with the amounts
7 and dates of all transfers;
8     (7) (blank) the total sum of transfers made to or from such
9 committee during the reporting period and not reported under
10 item (6);
11     (8) each loan to or from any person within the reporting
12 period by or to such committee in any an aggregate amount or
13 value in excess of $150, together with the full names and
14 mailing addresses of the lender and endorsers, if any, and the
15 date and amount of such loans, and if a lender or endorser is
16 an individual who loaned or endorsed a loan of more than $500,
17 the occupation and employer of that individual, or if the
18 occupation and employer of the individual are unknown, a
19 statement that the committee has made a good faith effort to
20 ascertain this information;
21     (9) the total amount of proceeds received by such committee
22 from (a) the sale of tickets for each dinner, luncheon,
23 cocktail party, rally, and other fund-raising events; (b) mass
24 collections made at such events; and (c) sales of items such as
25 political campaign pins, buttons, badges, flags, emblems,
26 hats, banners, literature, and similar materials;

 

 

HB0086 - 16 - LRB096 03090 JAM 13106 b

1     (10) each contribution, rebate, refund, or other receipt in
2 excess of $150 received by such committee not otherwise listed
3 under items (4) through (9), and if the contributor is an
4 individual who contributed more than $500, the occupation and
5 employer of the contributor or, if the occupation and employer
6 of the contributor are unknown, a statement that the committee
7 has made a good faith effort to ascertain this information;
8     (11) the total sum of all receipts by or for such committee
9 or candidate during the reporting period;
10     (12) the full name and mailing address of each person to
11 whom expenditures have been made by such committee or candidate
12 within the reporting period in any an aggregate amount or value
13 in excess of $150, the amount, date, and purpose of each such
14 expenditure and the question of public policy or the name and
15 address of, and office sought by, each candidate on whose
16 behalf such expenditure was made;
17     (13) the full name and mailing address of each person to
18 whom an expenditure for personal services, salaries, and
19 reimbursed expenses in excess of $150 has been made, and which
20 is not otherwise reported, including the amount, date, and
21 purpose of such expenditure;
22     (14) the total sum of expenditures made by such committee
23 during the reporting period;
24     (15) the full name and mailing address of each person to
25 whom the committee owes debts or obligations in excess of $150,
26 and the amount of such debts or obligations.

 

 

HB0086 - 17 - LRB096 03090 JAM 13106 b

1     The Board shall by rule define a "good faith effort".
2 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
 
3     (10 ILCS 5/9-14)  (from Ch. 46, par. 9-14)
4     Sec. 9-14. Each semi-annual report of campaign
5 contributions and expenditures required by Section 9-10 of this
6 Article to be filed with the Board or the Board and the county
7 clerk shall be verified, dated, and signed by either the
8 treasurer of the political committee making the report or the
9 candidate on whose behalf the report is made, and shall contain
10 substantially the following:
11
SEMI-ANNUAL REPORT OF CAMPAIGN
12
CONTRIBUTIONS AND EXPENDITURES
13 (1) name and address of the political committee:
14 .............................................................
15 (2) the date of the beginning of the reporting period, and the
16 amount of funds on hand at the beginning of the reporting
17 period;
18 .............................................................
19 (3) the full name and mailing address of each person who has
20 made one or more contributions to or for the committee within
21 the reporting period in any an aggregate amount or value in
22 excess of $150, together with the amount and date of such
23 contributions, and if a contributor is an individual who
24 contributed more than $500, the occupation and employer of each
25 contributor or, if the occupation and employer of the

 

 

HB0086 - 18 - LRB096 03090 JAM 13106 b

1 contributor are unknown, a statement that the committee has
2 made a good faith effort to ascertain this information:
3nameaddressamountdateoccupationemployer
4.......................................
5.......................................
6.......................................
7.......................................
8.......................................
9 (4) (blank) the total sum of individual contributions made to
10 or for the committee during the reporting period and not
11 reported under item--(3):
12 .............................................................
13 (5) the name and address of each political committee from which
14 the reporting committee received, or to which that committee
15 made, any transfer of funds, in any an aggregate amount or
16 value in excess of $150, together with the amounts and dates of
17 all transfers:
18nameaddressamountdate
19........................................
20........................................
21........................................
22 (6) (blank) the total sum of transfers made to or from such
23 committee during the reporting period and not reported under
24 item (5);
25 (7) each loan to or from any person within the reporting period
26 by or to the committee in any an aggregate amount or value in

 

 

HB0086 - 19 - LRB096 03090 JAM 13106 b

1 excess of $150, together with the full names and mailing
2 addresses of the lender and endorsers, if any, and the date and
3 amount of such loans, and if a lender or endorser is an
4 individual who loaned or endorsed a loan of more than $500, the
5 occupation and employer of each person making the loan, or if
6 the occupation and employer of the individual are unknown, a
7 statement that the committee has made a good faith effort to
8 ascertain this information:
9nameaddressamountdateendorsersoccupationemployer
10................................................
11................................................
12................................................
13 (8) the total amount of proceeds received by the committee from
14 (a) the sale of tickets for each dinner, luncheon, cocktail
15 party, rally, and other fund-raising events; (b) mass
16 collections made at such events; and (c) sales of items such as
17 political campaign pins, buttons, badges, flags, emblems,
18 hats, banners, literature, and similar materials:
19 (a)..........................................................
20 (b)..........................................................
21 (c)..........................................................
22 (9) each contribution, rebate, refund, or other receipt in
23 excess of $150 received by the committee not otherwise listed
24 under items (3) through (8), and if a contributor is an
25 individual who contributed more than $500, the occupation and
26 employer of each contributor or, if the occupation and employer

 

 

HB0086 - 20 - LRB096 03090 JAM 13106 b

1 of the contributor are unknown, a statement that the committee
2 has made a good faith effort to ascertain this information:
3nameaddressamountdateendorsersoccupationemployer
4................................................
5................................................
6................................................
7 (10) the total sum of all receipts by or for the committee
8 during the reporting period:
9 .............................................................
10 (11) the full name and mailing address of each person to whom
11 expenditures have been made by the committee within the
12 reporting period in any an aggregate amount or value in excess
13 of $150, the amount, date, and purpose of each such
14 expenditure, and the question of public policy or the name and
15 address of, and office sought by, each candidate on whose
16 behalf the expenditure was made:
17nameaddressamountdatepurposebeneficiary
18.............................................
19.............................................
20.............................................
21.............................................
22.............................................
23 (12) the full name and mailing address of each person to whom
24 an expenditure for personal services, salaries, and reimbursed
25 expenses in excess of $150 has been made, and which is not
26 otherwise reported, including the amount, date, and purpose of

 

 

HB0086 - 21 - LRB096 03090 JAM 13106 b

1 such expenditure:
2nameaddressamountdatepurpose
3..............................................
4..............................................
5..............................................
6 (13) the total sum of expenditures made by the committee during
7 the reporting period;
8 .............................................................
9 (14) the full name and mailing address of each person to whom
10 the committee owes debts or obligations in excess of $150, and
11 the amount of such debts or obligations:
12 .............................................................
13 .............................................................
14 VERIFICATION:
15     "I declare that this semi-annual report of campaign
16 contributions and expenditures (including any accompanying
17 schedules and statements) has been examined by me and to the
18 best of my knowledge and belief is a true, correct and complete
19 report as required by Article 9 of The Election Code. I
20 understand that willfully filing a false or incomplete report
21 is a business offense subject to a fine of up to $5,000."
22 ................     .......................................
23 (date of filing)      (signature of person making the report)
24 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)