HB1821 95TH GENERAL ASSEMBLY 






 

 		











95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1821


 
Introduced 2/23/2007, by Rep. Dan Brady
 
SYNOPSIS AS INTRODUCED:
 		














10 ILCS 5/9-30









    Amends the Election Code.  Authorizes the State Board of Elections to seek judicial enforcement and injunctive relief against a political committee for unpaid civil penalties imposed by the Board with respect to campaign finance reporting violations.  Prohibits certification of candidates whose committees have outstanding civil penalties, unless such a committee has a payment agreement with the State Board (now, prohibits the name of a candidate with unpaid penalties from appearing on the ballot).
















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A BILL FOR









 











HB1821

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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 Section 
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9-30 as follows:
 
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    (10 ILCS 5/9-30)

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    Sec. 9-30. Remedies.
Ballot forfeiture.



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    (a)          Civil penalties imposed by a final order of the Board 
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under this Article shall be enforceable in the circuit court if 
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the penalty is not paid within 30 days after entry of the 
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Board's order.  The Board shall petition the court for an order 
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to enforce collection of the penalty and if the court finds 
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that it has jurisdiction over the political committee, as 
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defined in Sections 9-1.7 and 9-1.8 of this Article, against 
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whom the penalty was imposed, the court shall issue the 
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appropriate order.
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    (b)          The Board may seek injunctive relief against a 
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committee, as defined in Sections 9-1.7 and 9-1.8 of this 
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Article, for failure or refusal to pay any civil penalty 
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imposed pursuant to a final order of the Board for violation of 
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this Article.  If the court finds it has jurisdiction over the 
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committee it may grant the relief it deems appropriate and 
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proper, which may include an order restraining or enjoining the 
 


 






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committee from accepting contributions, making expenditures, 
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or transferring funds while any penalty remains unpaid.  This 
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subsection shall not apply to committees of candidates who may 
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be subject to ballot forfeiture under subsection (c).
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    The Board may not proceed under this subsection until it 
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has exhausted its remedy under subsection (a) and the penalty 
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remains unpaid.
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    (c)          No candidate for public office shall be certified by 
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the Board or any election authority to appear on the ballot at 
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any election if that candidate's political committee or 
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committees have not paid the civil penalty or penalties imposed 
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on the committee by a final order of the Board for violation of 
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this Article.  This subsection shall not apply to any political 
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committee that has entered into a payment plan or similar 
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agreement with the State Board of Elections. For purposes of 
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this subsection, the term "political committee" shall not 
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include (1) any State or local political party organization or 
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(2) any organization, association, society, or group also 
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required to file reports with the Secretary of State under the 
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Lobbyist Registration Act.
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    The Board may not proceed under this subsection until it 
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has exhausted its remedy under subsection (a) and the penalty 
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remains unpaid.
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    (d)          Any civil penalties collected pursuant to subsection 
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(a), (b), or (c) shall be forwarded to the State Treasurer.
The 
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name of a person who has not paid a
civil penalty imposed 
 


 






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against him or her under this Article shall not appear
upon any 
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ballot for any office in any election while the penalty is 
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unpaid.


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(Source: P.A. 93-615, eff. 11-19-03.)