Full Text of HB5746 95th General Assembly
HB5746 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5746
Introduced , by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/9-10 |
from Ch. 46, par. 9-10 |
10 ILCS 5/9-13 |
from Ch. 46, par. 9-13 |
10 ILCS 5/9-14 |
from Ch. 46, par. 9-14 |
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Amends the Election Code. Changes the reporting periods for campaign contribution and expenditure reports from semi-annual to quarterly.
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A BILL FOR
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HB5746 |
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LRB095 08442 JAM 28619 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 9-10, 9-13, and 9-14 as follows: | 6 |
| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
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| Sec. 9-10. Financial reports.
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| (a) The treasurer of every state political committee and | 9 |
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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 quarterly 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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| 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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| (b) Reports of campaign contributions shall be filed no | 22 |
| later than the
15th day next preceding each election including | 23 |
| a primary election in
connection with which the political |
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HB5746 |
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LRB095 08442 JAM 28619 b |
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| committee has accepted or is
accepting contributions or has | 2 |
| made or is making expenditures. Such
reports shall be complete | 3 |
| as of the 30th day next preceding each election
including a | 4 |
| primary election. The Board shall assess a civil penalty not to
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| exceed $5,000 for a violation of this subsection, except that | 6 |
| for State
officers and candidates
and political
committees | 7 |
| formed for statewide office, the civil
penalty may not exceed | 8 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 9 |
| filing violation for filing less than 10 days after the | 10 |
| deadline.
There shall be no fine if the report is mailed and | 11 |
| postmarked at least 72 hours
prior to the filing deadline.
For | 12 |
| the purpose of this subsection, "statewide
office" and "State | 13 |
| officer" means the Governor, Lieutenant Governor, Attorney
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| General,
Secretary of State,
Comptroller, and Treasurer. | 15 |
| However, a
continuing political committee that does not make
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| expenditures in excess of $500 on behalf of or in opposition to | 17 |
| any candidate or public
question on the ballot at an election | 18 |
| shall not be required to file the
reports heretofore prescribed | 19 |
| but may file in lieu thereof a Statement of
Nonparticipation in | 20 |
| the Election with the Board or the Board and the county
clerk; | 21 |
| except that if the political committee, by the terms of its | 22 |
| statement of organization filed in accordance with this | 23 |
| Article, is organized to support or oppose a candidate or | 24 |
| public question on the ballot at the next election or primary, | 25 |
| that committee must file reports required by this subsection | 26 |
| (b) and by subsection (b-5).
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| (b-5) Notwithstanding the provisions of subsection (b) and
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| Section 1.25 of the Statute on Statutes, any contribution
of | 3 |
| more than $500 received in the interim between the last date
of | 4 |
| the period
covered by the last report filed under subsection | 5 |
| (b) prior to the election and
the date of the election shall be | 6 |
| filed with and must actually be received by
the State Board of | 7 |
| Elections within 2 business days after
receipt of such | 8 |
| contribution.
The State Board shall allow filings of reports of | 9 |
| contributions of more than
$500 under this subsection (b-5) by | 10 |
| political committees that are not
required to file | 11 |
| electronically to be made by
facsimile transmission.
For the | 12 |
| purpose of this subsection, a contribution is considered
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| received on the date the public official, candidate, or | 14 |
| political committee (or
equivalent person
in the case of a
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| reporting entity other than a political committee) actually | 16 |
| receives it or, in
the case of goods or services, 2 business | 17 |
| days after the date the public
official,
candidate, committee,
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| or other reporting entity receives the certification required | 19 |
| under subsection
(b) of Section 9-6.
Failure to report
each | 20 |
| contribution is a separate violation of this subsection. In the | 21 |
| final
disposition of any matter by the Board on or after the | 22 |
| effective date of this
amendatory Act of the 93rd General | 23 |
| Assembly, the Board
may
impose fines for violations of this | 24 |
| subsection not to exceed 100% of the
total
amount of the | 25 |
| contributions that were untimely reported, but in no case when | 26 |
| a
fine is imposed shall it be less
than 10% of the total amount |
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| of the contributions that were untimely
reported.
When | 2 |
| considering the amount of the fine to be imposed, the Board | 3 |
| shall
consider, but is not limited to, the following factors:
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| (1) whether in the Board's opinion the violation was | 5 |
| committed
inadvertently,
negligently, knowingly, or | 6 |
| intentionally;
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| (2) the number of days the contribution was reported | 8 |
| late; and
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| (3) past violations of Sections 9-3 and 9-10 of this | 10 |
| Article by the
committee.
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| (c) In addition to such reports the treasurer of every | 12 |
| political
committee shall file quarterly semi-annual reports | 13 |
| of campaign contributions and
expenditures no later than (i) | 14 |
| April 30 (covering the period from January 1 through March 31 | 15 |
| immediately preceding), (ii) July 31 (covering the period from | 16 |
| April 1 through June 30 immediately preceding), (iii) October | 17 |
| 31 (covering the period from July 1 through September 30 | 18 |
| immediately preceding), and (iv) January 31 (covering the | 19 |
| period from October 1 through December 31 immediately | 20 |
| preceding) July 31st, covering the period from January 1st
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| through June 30th immediately preceding, and no later than | 22 |
| January 31st,
covering the period from July 1st through | 23 |
| December 31st of the preceding
calendar year . Reports of | 24 |
| contributions and expenditures must be filed to
cover the | 25 |
| prescribed time periods even though no contributions or
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| expenditures may have been received or made during the period.
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| The Board shall assess a civil penalty not to exceed $5,000 for | 2 |
| a violation
of this subsection, except that for State officers | 3 |
| and candidates
and political
committees formed for statewide | 4 |
| office, the civil
penalty may not exceed $10,000.
The fine, | 5 |
| however, shall not exceed $500 for a
first filing violation for | 6 |
| filing less than 10 days after the deadline.
There shall be no | 7 |
| fine if the report is mailed and postmarked at least 72 hours
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| prior to the filing deadline.
For the purpose of this | 9 |
| subsection, "statewide
office" and "State officer"
means the | 10 |
| Governor, Lieutenant Governor, Attorney General, Secretary
of | 11 |
| State,
Comptroller, and Treasurer.
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| (c-5) A political committee that acts as either (i) a State | 13 |
| and local
political committee or (ii) a local political | 14 |
| committee and that files reports
electronically under Section | 15 |
| 9-28 is not required to file copies of the reports
with the | 16 |
| appropriate county clerk if the county clerk has a system that
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| permits access to, and duplication of, reports that are filed | 18 |
| with the State
Board of Elections. A State and local political | 19 |
| committee or
a local political committee shall file with the | 20 |
| county clerk a copy of its
statement of organization pursuant | 21 |
| to Section 9-3.
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| (d) A copy of each report or statement filed under this | 23 |
| Article
shall be
preserved by the person filing it for a period | 24 |
| of two years from the
date of filing.
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| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 26 |
| 94-645, eff. 8-22-05.)
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LRB095 08442 JAM 28619 b |
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| (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
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| Sec. 9-13. Each quarterly semi-annual report of campaign | 3 |
| contributions and
expenditures under Section 9-10 shall | 4 |
| disclose-
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| (1) the name and address of the political committee;
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| (2) (Blank);
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| (3) the amount of funds on hand at the beginning of the | 8 |
| reporting
period;
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| (4) the full name and mailing address of each person who | 10 |
| has made one or
more contributions to or for such committee | 11 |
| within the reporting period
in an aggregate amount or value in | 12 |
| excess of $150, together with
the amount
and date of such | 13 |
| contributions, and if the contributor is an individual who
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| contributed more than $500, the
occupation and employer of the | 15 |
| contributor or, if the occupation and employer
of the | 16 |
| contributor are unknown, a statement that the committee has | 17 |
| made a good
faith effort to ascertain this information;
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| (5) the total sum of individual contributions made to or | 19 |
| for such
committee during the reporting period and not reported | 20 |
| under item (4);
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| (6) the name and address of each political committee from | 22 |
| which the
reporting committee received, or to which that | 23 |
| committee made, any transfer
of funds, in the aggregate amount | 24 |
| or value in excess of $150,
together
with the amounts and dates | 25 |
| of all transfers;
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| (7) the total sum of transfers made to or from such | 2 |
| committee during
the reporting period and not reported under | 3 |
| item (6);
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| (8) each loan to or from any person within the reporting | 5 |
| period by or
to such committee in an aggregate amount or value | 6 |
| in excess of
$150,
together with the full names and mailing | 7 |
| addresses of the lender and
endorsers, if any, and the date and | 8 |
| amount of such loans, and if a lender or
endorser is an | 9 |
| individual who loaned or endorsed a loan of more than $500, the
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| occupation and employer of that individual, or if the | 11 |
| occupation and employer
of the individual are unknown, a | 12 |
| statement that the committee has made a good
faith effort to | 13 |
| ascertain this information;
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| (9) the total amount of proceeds received by such committee | 15 |
| from (a) the
sale of tickets for each dinner, luncheon, | 16 |
| cocktail party, rally, and other
fund-raising events; (b) mass | 17 |
| collections made at such events; and (c)
sales of items such as | 18 |
| political campaign pins, buttons, badges, flags,
emblems, | 19 |
| hats, banners, literature, and similar materials;
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| (10) each contribution, rebate, refund, or other receipt in | 21 |
| excess of
$150 received by such committee not otherwise listed | 22 |
| under items
(4)
through (9), and if the contributor is an | 23 |
| individual who
contributed more than $500, the
occupation and | 24 |
| employer of the contributor or, if the occupation and employer
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| of the contributor are unknown, a statement that the committee | 26 |
| has made a good
faith effort to ascertain this information;
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LRB095 08442 JAM 28619 b |
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| (11) the total sum of all receipts by or for such committee | 2 |
| or candidate
during the reporting period;
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| (12) the full name and mailing address of each person to | 4 |
| whom
expenditures have been made by such committee or candidate | 5 |
| within the
reporting period in an aggregate amount or value in | 6 |
| excess of $150,
the
amount, date, and purpose of each such | 7 |
| expenditure and the question of
public policy or the name and | 8 |
| address of, and office sought by, each
candidate on whose | 9 |
| behalf such expenditure was made;
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| (13) the full name and mailing address of each person to | 11 |
| whom an
expenditure for personal services, salaries, and | 12 |
| reimbursed expenses in
excess of $150 has been made, and which | 13 |
| is not otherwise reported,
including the amount, date, and | 14 |
| purpose of such expenditure;
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| (14) the total sum of expenditures made by such committee | 16 |
| during the
reporting period;
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| (15) the full name and mailing address of each person to | 18 |
| whom the
committee owes debts or obligations in excess of $150, | 19 |
| and the
amount of
such debts or obligations.
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| The Board shall by rule define a "good faith effort".
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| (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
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| (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
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| Sec. 9-14. Each quarterly semi-annual report of campaign | 24 |
| contributions and
expenditures required by Section 9-10 of this | 25 |
| Article to be filed with the
Board or the Board and the county |
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LRB095 08442 JAM 28619 b |
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| clerk shall be verified, dated, and
signed by either the | 2 |
| treasurer of the political committee making the report
or the | 3 |
| candidate on whose behalf the report is made, and shall contain
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| substantially the following:
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| SEMI-ANNUAL REPORT OF CAMPAIGN
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| CONTRIBUTIONS AND EXPENDITURES
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| (1) name and address of the political committee:
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| .............................................................
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| (2) the date of the beginning of the reporting period, and the
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| amount of funds on hand at the beginning of the reporting | 11 |
| period;
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| .............................................................
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| (3) the full name and mailing address of each person who has | 14 |
| made
one or more contributions to or for the committee within | 15 |
| the reporting period
in an aggregate amount or value in excess | 16 |
| of $150, together with
the amount and
date of such | 17 |
| contributions, and if a contributor is an individual who
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| contributed more than $500,
the occupation and employer of each | 19 |
| contributor or, if the
occupation and employer of the | 20 |
| contributor are unknown, a statement that the
committee has | 21 |
| made a good faith effort to ascertain this information:
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22 | | name |
address |
amount |
date |
occupation |
employer |
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23 | | .... |
....... |
...... |
.... |
.......... |
........ |
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24 | | .... |
....... |
...... |
.... |
.......... |
........ |
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25 | | .... |
....... |
...... |
.... |
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26 | | .... |
....... |
...... |
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| (4) the total sum of individual contributions made to or for | 3 |
| the
committee during the reporting period and not reported | 4 |
| under item--(3):
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| .............................................................
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| (5) the name and address of each political committee from which
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| the reporting committee received, or to which that committee | 8 |
| made, any
transfer of funds, in an aggregate amount or value in | 9 |
| excess of
$150,
together with the amounts and dates of all | 10 |
| transfers:
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11 | | name |
address |
amount |
date |
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12 | | .......... |
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13 | | .......... |
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14 | | .......... |
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| (6) the total sum of transfers made to or from such committee
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| during the reporting period and not reported under item (5);
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| (7) each loan to or from any person within the reporting period | 18 |
| by or to
the committee in an aggregate amount or value in | 19 |
| excess of $150,
together with the full names and mailing | 20 |
| addresses of the lender and
endorsers, if any, and the date and | 21 |
| amount of such loans, and if a lender or
endorser is an | 22 |
| individual who loaned or endorsed a loan of more than $500,
the | 23 |
| occupation and employer of each person making the loan, or if | 24 |
| the
occupation and employer
of the individual are unknown, a | 25 |
| statement that the committee has made a good
faith effort to | 26 |
| ascertain this information:
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| 1 | | name |
address |
amount |
date |
endorsers |
occupation |
employer |
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2 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
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3 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
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4 | | .... |
....... |
...... |
.... |
......... |
.......... |
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| (8) the total amount of proceeds received by the committee from
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| (a) the sale of tickets for each dinner, luncheon, cocktail | 7 |
| party, rally, and
other fund-raising events; (b) mass | 8 |
| collections made at such events; and (c)
sales of items such as | 9 |
| political campaign pins, buttons, badges, flags,
emblems, | 10 |
| hats, banners, literature, and similar materials:
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| (a) ..........................................................
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| (b) ..........................................................
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| (c) ..........................................................
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| (9) each contribution, rebate, refund, or other receipt in | 15 |
| excess of
$150 received by the committee not otherwise listed | 16 |
| under items (3)
through (8), and if a contributor is an | 17 |
| individual who
contributed more than $500,
the occupation and | 18 |
| employer of each contributor or, if the
occupation and employer | 19 |
| of the contributor are unknown, a statement that the
committee | 20 |
| has made a good faith effort to ascertain this information:
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21 | | name |
address |
amount |
date |
endorsers |
occupation |
employer |
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22 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
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23 | | .... |
....... |
...... |
.... |
......... |
.......... |
........ |
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24 | | .... |
....... |
...... |
.... |
......... |
.......... |
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| (10) the total sum of all receipts by or for the committee
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| during the reporting period:
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| .............................................................
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| (11) the full name and mailing address of each person to whom
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| expenditures have been made by the committee within the | 4 |
| reporting period
in an aggregate amount or value in excess of | 5 |
| $150, the amount,
date, and purpose of each such expenditure, | 6 |
| and the question of public
policy or the name and address of, | 7 |
| and office sought by, each candidate
on whose behalf the | 8 |
| expenditure was made:
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9 | | name |
address |
amount |
date |
purpose |
beneficiary |
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10 | | .......... |
....... |
...... |
.... |
....... |
........... |
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11 | | .......... |
....... |
...... |
.... |
....... |
........... |
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12 | | .......... |
....... |
...... |
.... |
....... |
........... |
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13 | | .......... |
....... |
...... |
.... |
....... |
........... |
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14 | | .......... |
....... |
...... |
.... |
....... |
........... |
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15 |
| (12) the full name and mailing address of each person to whom | 16 |
| an
expenditure for personal services, salaries, and reimbursed | 17 |
| expenses in excess
of $150 has been made, and which is not | 18 |
| otherwise reported,
including the amount, date, and purpose of | 19 |
| such expenditure:
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20 | | name |
address |
amount |
date |
purpose |
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21 | | .......... |
.......... |
........ |
........ |
.......... |
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22 | | .......... |
.......... |
........ |
........ |
.......... |
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23 | | .......... |
.......... |
........ |
........ |
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24 |
| (13) the total sum of expenditures made by the committee during
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| the reporting period;
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| .............................................................
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| (14) the full name and mailing address of each person to whom
| 2 |
| the committee owes debts or obligations in excess of $150, and | 3 |
| the
amount of
such debts or obligations:
| 4 |
| .............................................................
| 5 |
| .............................................................
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| VERIFICATION:
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| "I declare that this semi-annual report of campaign | 8 |
| contributions and
expenditures (including any accompanying | 9 |
| schedules and statements) has
been examined by me and to the | 10 |
| best of my knowledge and belief is a
true, correct and complete | 11 |
| report as required by Article 9 of The
Election Code. I | 12 |
| understand that willfully filing a
false or incomplete report | 13 |
| is a business offense subject to a fine of up to
$5,000."
| 14 |
| ................ .......................................
| 15 |
| (date of filing) (signature of person making the report)
| 16 |
| (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99 .)
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