Full Text of SB2470 96th General Assembly
SB2470 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2470
Introduced 10/14/2009, by Sen. Michael Noland SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/Art. 9 heading |
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10 ILCS 5/9-1 |
from Ch. 46, par. 9-1 |
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 5/9-1.6 |
from Ch. 46, par. 9-1.6 |
10 ILCS 5/9-1.16 new |
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10 ILCS 5/9-1.17 new |
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10 ILCS 5/9-1.18 new |
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10 ILCS 5/9-1.19 new |
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10 ILCS 5/9-1.20 new |
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10 ILCS 5/9-1.21 new |
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10 ILCS 5/9-1.22 new |
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10 ILCS 5/9-1.23 new |
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10 ILCS 5/9-1.24 new |
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10 ILCS 5/9-1.25 new |
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10 ILCS 5/9-2.5 new |
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10 ILCS 5/9-2.7 new |
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10 ILCS 5/9-8.5 new |
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10 ILCS 5/9-8.7 new |
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10 ILCS 5/9-10 |
from Ch. 46, par. 9-10 |
10 ILCS 5/9-14.5 new |
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10 ILCS 5/9-29 new |
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Amends the Election Code. Makes changes with respect to the disclosure and regulation of campaign finances, including the imposition of contribution limits.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2470 |
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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 the | 5 |
| heading of Article 9 and Sections 9-1, 9-1.4, 9-1.5, 9-1.6, and | 6 |
| 9-10 and by adding Sections 9-1.16, 9-1.17, 9-1.18, 9-1.19, | 7 |
| 9-1.20, 9-1.21, 9-1.22, 9-1.23, 9-1.24, 9-1.25, 9-2.5, 9-2.7, | 8 |
| 9-8.5, 9-8.7, 9-14.5, and 9-29 as follows: | 9 |
| (10 ILCS 5/Art. 9 heading) | 10 |
| ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
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| CONTRIBUTIONS AND EXPENDITURES
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| (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
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| Sec. 9-1. As used in this Article, unless the context | 14 |
| otherwise requires,
the terms defined in Sections 9-1.1 through | 15 |
| 9-1.25
9-1.13 , have the respective
meanings as defined in those | 16 |
| Sections.
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| (Source: P.A. 86-873.)
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| (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
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| Sec. 9-1.4. Contribution.
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| (a) "Contribution" means: | 21 |
| (1) any gift, subscription, donation, dues, loan, |
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| advance, deposit of money, or anything of value, knowingly | 2 |
| received in connection with the nomination for election, | 3 |
| election, or retention of any person to or in public | 4 |
| office, in connection with the election of any person as | 5 |
| ward or township committeeman in counties of 3,000,000 or | 6 |
| more population, or in connection with any question of | 7 |
| public policy; | 8 |
| (2) any gift, subscription, donation, dues, loan, | 9 |
| advance, deposit of money, or anything of value that | 10 |
| constitutes an electioneering communication regardless of | 11 |
| whether the communication is made in concert or cooperation | 12 |
| with or at the request, suggestion, or knowledge of a | 13 |
| candidate, a candidate's authorized local political | 14 |
| committee, a State political committee, a political | 15 |
| committee in support of or opposition to a question of | 16 |
| public policy, or any of their agents; | 17 |
| (3) the purchase of tickets for fund-raising events, | 18 |
| including but not limited to dinners, luncheons, cocktail | 19 |
| parties, and rallies made in connection with the nomination | 20 |
| for election, election, or retention of any person to or in | 21 |
| public office, in connection with the election of any | 22 |
| person as ward or township committeeman in counties of | 23 |
| 3,000,000 or more population, or in connection with any | 24 |
| question of public policy; | 25 |
| (4) any transfer of funds between political | 26 |
| committees; |
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| (5) the services of an employee donated by an employer, | 2 |
| in which case the contribution shall be listed in the name | 3 |
| of the employer, except that any individual services | 4 |
| provided voluntarily and without promise or expectation of | 5 |
| compensation from any source shall not be deemed a | 6 |
| contribution; and | 7 |
| (6) any expenditure made in cooperation, consultation, | 8 |
| or concert with the committee. | 9 |
| (b) "Contribution" does not include: | 10 |
| (1) the use of real or personal property and the cost | 11 |
| of invitations, food, and beverages, voluntarily provided | 12 |
| by an individual in rendering voluntary personal services | 13 |
| on the individual's residential premises for | 14 |
| candidate-related activities; provided the value of the | 15 |
| service provided does not exceed an aggregate of $150 in a | 16 |
| reporting period; | 17 |
| (2) communications on any subject by a corporation to | 18 |
| its stockholders and executive or administrative personnel | 19 |
| and their families, by a labor organization to its members | 20 |
| and their families, or by an association to its members and | 21 |
| their families; | 22 |
| (3) voter registration and other get-out-the-vote | 23 |
| campaigns that make no mention of any clearly identified | 24 |
| candidate, public question, political party or group, or | 25 |
| combination thereof; | 26 |
| (4) the establishment, administration, and |
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| solicitation of contributions to a separate segregated | 2 |
| fund to be used for political purposes by a corporation, | 3 |
| labor organization, or association; or | 4 |
| (5) any secured loan of money by a national or State | 5 |
| bank or credit union made in accordance with the applicable | 6 |
| banking laws and regulations and in the ordinary course of | 7 |
| business; however, the use, ownership, or control of any | 8 |
| security for such a loan, if provided by a person other | 9 |
| than the candidate or his or her committee, qualifies as a | 10 |
| contribution. | 11 |
| (c) Interest or other investment income, earnings or | 12 |
| proceeds, and refunds or returns of all or part of a | 13 |
| committee's previous expenditures shall not be considered | 14 |
| contributions for the purposes of Section 9-8.5 but shall be | 15 |
| listed with contributions on disclosure reports required by | 16 |
| this Article. | 17 |
| "Contribution" means-
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| (1) a gift, subscription, donation, dues, loan, | 19 |
| advance, or deposit
of money or anything of value, | 20 |
| knowingly received in
connection with the
nomination for | 21 |
| election, or election, of any person to public office, in
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| connection with the election of any person as ward or | 23 |
| township committeeman in
counties of 3,000,000 or more | 24 |
| population, or
in
connection with any question of public | 25 |
| policy;
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| (1.5) a gift, subscription, donation, dues, loan, |
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| advance, deposit of money, or anything of value that | 2 |
| constitutes an electioneering communication regardless of | 3 |
| whether the communication is made in concert or cooperation | 4 |
| with or at the request, suggestion, or knowledge of a | 5 |
| candidate, a candidate's authorized local political | 6 |
| committee, a State political committee, a political | 7 |
| committee in support of or opposition to a question of | 8 |
| public policy, or any of their agents;
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| (2) the purchase of tickets for fund-raising events, | 10 |
| including but
not limited to dinners, luncheons, cocktail | 11 |
| parties, and rallies made in
connection with the nomination | 12 |
| for election, or election, of any person
to public office, | 13 |
| in
connection with the election of any person as ward or
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| township committeeman in counties of 3,000,000 or more | 15 |
| population, or in
connection with any question of public | 16 |
| policy;
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| (3) a transfer of funds between political committees; | 18 |
| and
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| (4) the services of an employee donated by an employer, | 20 |
| in which
case the contribution shall be listed in the name | 21 |
| of the employer,
except that any individual services | 22 |
| provided voluntarily and without
promise or expectation of | 23 |
| compensation from any source shall not be deemed
a | 24 |
| contribution;
but
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(5) does not include--
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(a) the use of real or personal property and the |
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| cost of invitations,
food,
and beverages, voluntarily | 2 |
| provided by an individual in rendering voluntary
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| personal services on the individual's residential | 4 |
| premises for
candidate-related
activities; provided | 5 |
| the value of the service provided does not exceed an
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| aggregate of $150 in a reporting period;
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| (b)
the sale of any food or beverage by a vendor | 8 |
| for use in a candidate's
campaign at a charge less than | 9 |
| the normal comparable charge, if such charge
for use in | 10 |
| a candidate's campaign is at least equal to the cost of | 11 |
| such
food or beverage to the vendor.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | 14 |
| Sec. 9-1.5. Expenditure defined . | 15 |
| (a) "Expenditure" means: | 16 |
| (1) any payment, distribution, purchase, loan, | 17 |
| advance, deposit, gift of money, or anything of value in | 18 |
| connection with the nomination for election, election, or | 19 |
| retention of any person to or in public office, in | 20 |
| connection with the election of any person as ward or | 21 |
| township committeeman in counties of 3,000,000 or more | 22 |
| population, or in connection with any question of public | 23 |
| policy. | 24 |
| (2) any payment, distribution, purchase, loan, | 25 |
| advance, deposit, gift of money, or anything of value that |
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| constitutes an electioneering communication, regardless of | 2 |
| whether the communication is made in concert or in | 3 |
| cooperation with or at the request, suggestion, or | 4 |
| knowledge of a candidate, a candidate's authorized local | 5 |
| political committee, a State political committee, a | 6 |
| political committee in support of or in opposition to a | 7 |
| question of public policy, or any of their agents. | 8 |
| (3) a payment, distribution, purchase, loan, advance, | 9 |
| deposit, or gift of money or anything of value for any | 10 |
| communication aimed at voters that is susceptible of no | 11 |
| reasonable interpretation other than as an appeal to vote | 12 |
| for or against a specific candidate. A communication is | 13 |
| susceptible of no other reasonable interpretation if: | 14 |
| (i) it is made within (A) 60 days before a | 15 |
| general election or consolidated election or (B) | 16 |
| 30 days before a primary election; | 17 |
| (ii) it includes a reference to or description | 18 |
| of a clearly identified candidate; or | 19 |
| (iii) it includes statements that (A) refer to | 20 |
| the personal qualities, character, or fitness of | 21 |
| that candidate, (B) support or condemn that | 22 |
| candidate's position or stance on issues, or (C) | 23 |
| support or condemn that candidate's public record. | 24 |
| (4) any transfer of funds between political | 25 |
| committees. | 26 |
| (5) a payment for an independent expenditure as defined |
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| in Section 9-1.16. | 2 |
| (b) "Expenditure" does not include – the use of real or | 3 |
| personal property and the cost of invitations, food, and | 4 |
| beverages, voluntarily provided by an individual in rendering | 5 |
| voluntary personal services on the individual's residential | 6 |
| premises for candidate-related activities; provided the value | 7 |
| of the service provided does not exceed an aggregate of $150 in | 8 |
| a reporting period. | 9 |
| "Expenditure" means-
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| (1) a payment, distribution, purchase, loan, advance, | 11 |
| deposit, or
gift of money or anything of value, in
connection | 12 |
| with the nomination
for election, or election, of any person to | 13 |
| public office, in connection with
the election of any person as | 14 |
| ward or township committeeman in counties of
3,000,000 or more | 15 |
| population, or in
connection with any question of public | 16 |
| policy. | 17 |
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"Expenditure" also includes a payment, distribution, | 18 |
| purchase, loan,
advance, deposit, or gift of
money or anything | 19 |
| of value that constitutes an electioneering communication
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| regardless of whether the communication is made in concert or | 21 |
| cooperation with
or at the request, suggestion, or knowledge of | 22 |
| a candidate, a candidate's
authorized
local political | 23 |
| committee, a State political committee, a political committee | 24 |
| in support of or opposition to a question of public policy, or | 25 |
| any of their
agents. | 26 |
| However, expenditure does not
include -
(a) the use of real |
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| or personal property and the cost of invitations,
food,
and | 2 |
| beverages, voluntarily provided by an individual in rendering | 3 |
| voluntary
personal services on the individual's
residential | 4 |
| premises for candidate-related activities; provided the value
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| of the service provided does not exceed an aggregate of $150 in | 6 |
| a reporting
period;
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| (b) the sale of any food or beverage by a vendor for | 8 |
| use in a candidate's
campaign at a charge less than the | 9 |
| normal comparable charge, if such charge
for use in a | 10 |
| candidate's
campaign is at least equal to the cost of such | 11 |
| food or beverage to the vendor.
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| (2) a transfer of funds between political committees.
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| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 14 |
| 93-847, eff. 7-30-04.)
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| (10 ILCS 5/9-1.6) (from Ch. 46, par. 9-1.6)
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| Sec. 9-1.6. Person; whoever. "Person" or "whoever" means an | 17 |
| individual, trust, partnership,
committee, association, | 18 |
| corporation, or any other organization or group of
persons as | 19 |
| required by the context; however, "natural person" means one | 20 |
| human being .
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| (Source: P.A. 78-1183.)
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| (10 ILCS 5/9-1.16 new) | 23 |
| Sec. 9-1.16. Independent expenditure. "Independent | 24 |
| expenditure" means an expenditure by a person: |
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| (1) expressly advocating the election or defeat of a | 2 |
| clearly identified candidate, and | 3 |
| (2) that is not made in cooperation, consultation, or | 4 |
| concert with or at the request or suggestion of the | 5 |
| candidate, candidate's authorized political committee or | 6 |
| agents, or agents thereof. | 7 |
| For the purpose of this Section, "expressly advocating" | 8 |
| includes, but is not limited to, disseminating messages by any | 9 |
| means that feature words like "vote for", "vote against", | 10 |
| "elect", "support", "cast your ballot for", "Smith for | 11 |
| (office)", "defeat", "reject", "retain", or "remove". | 12 |
| (10 ILCS 5/9-1.17 new) | 13 |
| Sec. 9-1.17. Clearly identified or identifiable. "Clearly | 14 |
| identified" or "clearly identifiable" means that: | 15 |
| (1) the name, voice, image, or likeness of a candidate | 16 |
| appears; or | 17 |
| (2) the identity of the candidate is apparent by | 18 |
| unambiguous reference.
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| (10 ILCS 5/9-1.18 new) | 20 |
| Sec. 9-1.18. Regular election period. "Regular election | 21 |
| period" means any of: | 22 |
| (1) the period beginning on January 1 immediately | 23 |
| following the date of the general election for the office | 24 |
| to which a candidate seeks nomination or election and |
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| ending the day of the general primary election for that | 2 |
| office; | 3 |
| (2) the period beginning on the day after the general | 4 |
| primary election for the office to which the candidate | 5 |
| seeks nomination or election and ending on the December 31 | 6 |
| after the general election for that office; or | 7 |
| (3) the period beginning on the date on which a sitting | 8 |
| judge declares for retention and ending 90 days after the | 9 |
| retention election.
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| (10 ILCS 5/9-1.19 new) | 11 |
| Sec. 9-1.19. Municipal election period. "Municipal | 12 |
| election period" means the period beginning on July 1 | 13 |
| immediately following the date of the consolidated primary | 14 |
| election or consolidated election at which the office for which | 15 |
| the candidate seeks nomination or election is filled and ending | 16 |
| on June 30 immediately preceding the date of the next | 17 |
| consolidated primary election for that office, unless the | 18 |
| office is not filled at the consolidated primary election, in | 19 |
| which instance candidates who will seek office in the next | 20 |
| upcoming consolidated election may begin a new municipal | 21 |
| election period the day after the consolidated primary election | 22 |
| and ending on the next June 30. | 23 |
| (10 ILCS 5/9-1.20 new) | 24 |
| Sec. 9-1.20. Labor organization. For the purpose of this |
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| Article, the term "labor organization" means any organization | 2 |
| of any kind or any agency or employee representation committee | 3 |
| or plan in which employees participate and that exists for the | 4 |
| purpose, in whole or in part, of dealing with employers | 5 |
| concerning grievances, labor disputes, wages, rates of pay, | 6 |
| hours of employment, or conditions of work. | 7 |
| (10 ILCS 5/9-1.21 new) | 8 |
| Sec. 9-1.21. Corporation. For the purpose of this Article, | 9 |
| the term "corporation" includes a limited liability company, | 10 |
| partnership, professional practice, cooperative, sole | 11 |
| proprietorship, or any incorporated entity or corporation, | 12 |
| whether organized on a for-profit or non-profit basis. | 13 |
| (10 ILCS 5/9-1.22 new) | 14 |
| Sec. 9-1.22. Association. For the purpose of this Article, | 15 |
| the term "association" means any group, club, collective, | 16 |
| membership organization, collection of persons, entity | 17 |
| organized under Section 501 or 527 of the Internal Revenue | 18 |
| Code, or other entity other than a natural person, except that | 19 |
| an association does not include a political committee organized | 20 |
| under this Article. | 21 |
| (10 ILCS 5/9-1.23 new) | 22 |
| Sec. 9-1.23. Earmarked. The term "earmarked" means a | 23 |
| designation, instruction, or encumbrance, whether direct or |
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| indirect, express or implied, oral or written, that results in | 2 |
| all or any part of a contribution or expenditure being made to, | 3 |
| or expended on behalf of, a clearly identified candidate, a | 4 |
| candidate's designated committee, or a committee in support of | 5 |
| or opposition to a public question. | 6 |
| (10 ILCS 5/9-1.24 new) | 7 |
| Sec. 9-1.24. Conduit and intermediary. The terms "conduit" | 8 |
| and "intermediary" are interchangeable and mean any person who | 9 |
| receives a contribution earmarked by the contributor to be | 10 |
| forwarded or transmitted to another. | 11 |
| (10 ILCS 5/9-1.25 new) | 12 |
| Sec. 9-1.25. Affiliated entity. "Affiliated entity" means | 13 |
| (i) any parent or subsidiary of the entity, (ii) any member of | 14 |
| the same unitary business group, (iii) any organization | 15 |
| recognized by the United States Internal Revenue Service as a | 16 |
| tax-exempt organization described in Section 501(c) of the | 17 |
| Internal Revenue Code of 1986 (or any successor provision of | 18 |
| federal tax law) established by the entity, or (iv) any | 19 |
| political committee for which any of the aforementioned is the | 20 |
| sponsoring entity. | 21 |
| (10 ILCS 5/9-2.5 new) | 22 |
| Sec. 9-2.5. Single political committee. | 23 |
| (a) Except as provided by this Section, no public official |
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| or candidate for public office may establish more than one | 2 |
| political committee for each office that public official or | 3 |
| candidate occupies or is seeking. | 4 |
| (b) A public official with one or more pre-existing | 5 |
| committees bound by the limits of any subsection of Section | 6 |
| 9-8.5 considering a candidacy for any office covered by the | 7 |
| limits of any different subsection of Section 9-8.5 must form a | 8 |
| new committee. A pre-existing committee created for the primary | 9 |
| purpose of aiding that candidate's election to other offices | 10 |
| that ceases all fundraising after the creation of an | 11 |
| exploratory committee may transfer funds without limit to an | 12 |
| exploratory committee. If the candidate decides against | 13 |
| running for the new office, fails to qualify for the ballot at | 14 |
| the next election, or loses the next election, then any | 15 |
| remaining funds held by the exploratory committee shall be | 16 |
| returned to contributors or donated to charity, and the | 17 |
| committee shall be closed, within 90 days. | 18 |
| (c) The public officials elected President of the Senate, | 19 |
| Minority Leader of the Senate, Speaker of the House of | 20 |
| Representatives, and Minority Leader of the House of | 21 |
| Representatives may each establish and operate one additional | 22 |
| political committee for the purpose of supporting the election | 23 |
| of candidates to the General Assembly. The committees provided | 24 |
| for in this subsection (c) shall not be considered established | 25 |
| by the President of the Senate, Minority Leader of the Senate, | 26 |
| Speaker of the House of Representatives, or Minority Leader of |
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| the House of Representatives for the purposes of Section 9-8.5.
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| (10 ILCS 5/9-2.7 new) | 3 |
| Sec. 9-2.7. Political committee designations. | 4 |
| (a) Candidate committees. | 5 |
| (1) Each candidate shall designate in writing one and | 6 |
| only one political committee to serve as the political | 7 |
| committee of the candidate. The designation shall be made | 8 |
| no later than 15 days after becoming a candidate or | 9 |
| establishing the committee and shall be filed with the | 10 |
| State Board of Elections. Any committee so designated may, | 11 |
| within 10 business days after notification of the | 12 |
| designation, reject the designation. If a committee | 13 |
| rejects a candidate designation, the committee must return | 14 |
| to donors any funds raised as a result of the designation | 15 |
| and the candidate must create and designate a new committee | 16 |
| within 5 business days after the rejection. | 17 |
| (2) The name of the designated committee shall include | 18 |
| the name of the candidate who authorized the committee | 19 |
| under paragraph (1). No political committee that is not an | 20 |
| authorized candidate committee may include the full name of | 21 |
| the candidate in its name. | 22 |
| (b) Party committees. | 23 |
| (1) Any political organization or party may designate | 24 |
| in writing one and only one political committee to serve as | 25 |
| the political committee of that organization or party for |
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| elections to State or local office. The designation shall | 2 |
| be made no later than 15 days after the effective date of | 3 |
| this amendatory Act of the 96th General Assembly, or 15 | 4 |
| days after formation of the committee, whichever occurs | 5 |
| later, and shall be filed with the State Board of | 6 |
| Elections. The designation of a party or organization | 7 |
| committee may be changed only upon the replacement of the | 8 |
| party or organization chairman. | 9 |
| (2) The name of the designated committee shall include | 10 |
| the name of the party or organization that authorized the | 11 |
| committee under paragraph (1). No political committee that | 12 |
| is not authorized by a party or organization may include | 13 |
| the full name of that party or organization in its name. | 14 |
| (c) Caucus committees. | 15 |
| (1) The public officials elected President of the | 16 |
| Senate, Minority Leader of the Senate, Speaker of the House | 17 |
| of Representatives, and Minority Leader of the House of | 18 |
| Representatives may each designate in writing one and only | 19 |
| one political committee to serve as the political committee | 20 |
| of his or her caucus. The designation shall be made no | 21 |
| later than 15 days after the second Wednesday in January of | 22 |
| each odd-numbered year and shall be filed with the State | 23 |
| Board of Elections. The designation of a caucus committee | 24 |
| may not be changed, revoked, or altered until the second | 25 |
| Wednesday in January of the next odd-numbered year unless a | 26 |
| different person is elected to the office authorized to |
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| designate the caucus committee; the new leader may | 2 |
| designate a new committee within 15 days after taking the | 3 |
| leadership office. All contributions from all committees | 4 |
| designated for the caucus committee for a particular caucus | 5 |
| made during a single election period shall be aggregated | 6 |
| for the purpose of Section 9-8.5. | 7 |
| (2) The name of the designated committee shall include | 8 |
| a clear and unambiguous reference to the caucus that | 9 |
| authorized the committee under paragraph (1). No political | 10 |
| committee that is not an authorized caucus committee may | 11 |
| include the name of that caucus in its name. | 12 |
| (d) All designations, statements, and reports required to | 13 |
| be filed under this Section shall be filed with the Board. The | 14 |
| Board shall retain and make the designations, statements, and | 15 |
| reports received under this Section available for public | 16 |
| inspection and copying in the same manner as statements of | 17 |
| organization. | 18 |
| (10 ILCS 5/9-8.5 new) | 19 |
| Sec. 9-8.5. Limitation on contributions. | 20 |
| (a) It shall be unlawful for any person to make | 21 |
| contributions to a political committee except as provided in | 22 |
| this Section. | 23 |
| (b) For political committees designated by a candidate for | 24 |
| legislative office: | 25 |
| (1) Natural persons may contribute no more than $2,400 |
|
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| 1 |
| during any regular election period in which the candidate | 2 |
| who designated the committee is seeking nomination or | 3 |
| election. | 4 |
| (2) Political committees established by a State | 5 |
| political party may contribute not more than $30,000 during | 6 |
| the regular election period that includes the general | 7 |
| election at which the candidate who designated the | 8 |
| committee is seeking election; provided that all | 9 |
| committees established by a State political party, under | 10 |
| State or federal law, shall be considered as one committee | 11 |
| for the purpose of this Section. | 12 |
| (3) Political committees established by a partisan | 13 |
| legislative caucus may contribute not more than $30,000 | 14 |
| during any regular election period in which the candidate | 15 |
| who designated the committee is seeking nomination or | 16 |
| election. | 17 |
| (4) Any other political committee not designated or | 18 |
| controlled by the candidate may contribute no more than | 19 |
| $5,000 during a regular election period in which the | 20 |
| candidate who designated the committee is seeking | 21 |
| nomination or election. | 22 |
| (5) Any corporation, labor organization, or | 23 |
| association may contribute from its own treasuries no more | 24 |
| than $5,000 during each election period. All contributions | 25 |
| from associated entities, including political committees | 26 |
| for which the corporation, labor organization, or |
|
|
|
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| association is the sponsoring entity, shall be aggregated | 2 |
| for the purpose of this Section. | 3 |
| (c) For political committees designated by a candidate for | 4 |
| ward or township committeeman in counties of 3,000,000 or more | 5 |
| population or for local office; | 6 |
| (1) Natural persons may contribute no more than $2,4000 | 7 |
| during any regular election period in which the candidate | 8 |
| who designated the committee is seeking nomination or | 9 |
| election. | 10 |
| (2) The candidate may designate one and only one | 11 |
| political party whose political committees may contribute | 12 |
| not more than $10,000 during the regular election period | 13 |
| that includes the general election at which the candidate | 14 |
| who designated the committee is seeking election; provided | 15 |
| that all committees established by the political party, | 16 |
| under State or federal law, shall be considered as one | 17 |
| committee for the purpose of this Section. | 18 |
| (3) Any other political committee not designated or | 19 |
| controlled by the candidate may contribute no more than | 20 |
| $5,000 during a regular election period in which the | 21 |
| candidate who designated the committee is seeking | 22 |
| nomination or election. | 23 |
| (4) Any corporation, labor organization, or | 24 |
| association may contribute from its own treasuries no more | 25 |
| than $5,000 during each election period. All contributions | 26 |
| from associated entities, including political committees |
|
|
|
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| 1 |
| for which the corporation, labor organization, or | 2 |
| association is the sponsoring entity, shall be aggregated | 3 |
| for the purpose of this Section. | 4 |
| (5) Committees designated by one or more candidates for | 5 |
| any office required to file a statement of economic | 6 |
| interests with a county clerk may select to follow the | 7 |
| municipal election calendar. Committees that select to | 8 |
| follow the municipal election calendar must make that | 9 |
| decision at least 18 months prior to the next consolidated | 10 |
| primary election or within 30 days after creation. The | 11 |
| selection to follow the municipal election calendar is | 12 |
| irrevocable. For committees that select to follow the | 13 |
| municipal election calendar; | 14 |
| (A) Natural persons may contribute no more than | 15 |
| $2,400 during any Municipal election period in which | 16 |
| the candidate who designated the committee is seeking | 17 |
| nomination or election. | 18 |
| (B) The candidate may designate one and only one | 19 |
| political party whose political committees may | 20 |
| contribute not more than $10,000 during the regular | 21 |
| election period that includes the consolidated | 22 |
| election at which the candidate who designated the | 23 |
| committee is seeking election; provided that all | 24 |
| committees established by the political party, under | 25 |
| State or federal law, shall be considered as one | 26 |
| committee for the purpose of this Section. |
|
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| (C) Any other political committee not designated | 2 |
| or controlled by the candidate may contribute no more | 3 |
| than $5,000 during any municipal election period in | 4 |
| which the candidate who designated the committee is | 5 |
| seeking nomination or election. | 6 |
| (D) Any corporation, labor organization, or | 7 |
| association may contribute from its own treasuries no | 8 |
| more than $5,000 during each election period. All | 9 |
| contributions from associated entities, including | 10 |
| political committees for which the corporation, labor | 11 |
| organization, or association is the sponsoring entity, | 12 |
| shall be aggregated for the purpose of this Section. | 13 |
| (d) For political committees designated by a candidate for | 14 |
| State office, other than for legislative or statewide office: | 15 |
| (1) Natural persons may contribute no more than $2,400 | 16 |
| during any regular election period in which the candidate | 17 |
| who designated the committee is seeking nomination, | 18 |
| election, or retention. | 19 |
| (2) The candidate may designate one and only one | 20 |
| political party whose political committees may contribute | 21 |
| not more than $10,000 during the regular election period | 22 |
| that includes the general election at which the candidate | 23 |
| who designated the committee is seeking election; provided | 24 |
| that all committees established by the political party, | 25 |
| under State or federal law, shall be considered as one | 26 |
| committee for the purpose of this Section. |
|
|
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| 1 |
| (3) And other political committee not designated or | 2 |
| controlled by the candidate may contribute no more than | 3 |
| $5,000 during a regular election period in which the | 4 |
| candidate who designated the committee is seeking | 5 |
| nomination, election, or retention. | 6 |
| (4) A corporation, labor organization, or association | 7 |
| may contribute from its own treasuries no more than $5,000 | 8 |
| during each election period. All contributions from | 9 |
| associated entities, including political committees for | 10 |
| which the corporation, labor organization, or association | 11 |
| is the sponsoring entity, shall be aggregated for the | 12 |
| purposes of this Section. | 13 |
| (e) For political committees designated by a candidate for | 14 |
| statewide office: | 15 |
| (1) Natural persons may contribute no more than $2,400 | 16 |
| during any regular election period. | 17 |
| (2) The candidate may designate one and only one | 18 |
| political party whose political committees may contribute | 19 |
| not more than $125,000 during the regular election period | 20 |
| in which the candidate who designated the committee is | 21 |
| seeking election; provided that all committees established | 22 |
| by the political party, under State or federal law, shall | 23 |
| be considered as one committee for the purpose of this | 24 |
| Section. | 25 |
| (3) Any other political committee not designated or | 26 |
| controlled by the candidate may contribute no more than |
|
|
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| 1 |
| $5,000 during a regular election period. | 2 |
| (4) Any corporation, labor organization, or | 3 |
| association may contribute from its own treasuries no more | 4 |
| than $5,000 during each election period. All contributions | 5 |
| from associated entities, including political committees | 6 |
| for which the corporation, labor organization, or | 7 |
| association is the sponsoring entity, shall be aggregated | 8 |
| for the purposes of this Section. | 9 |
| (f) For political committees designated by an established | 10 |
| political party; | 11 |
| (1) Natural persons may contribute no more than $2,400 | 12 |
| during any regular election period during which any | 13 |
| candidate actively supported by the party is seeking | 14 |
| nomination or election. | 15 |
| (2) Any other political committee may contribute no | 16 |
| more than $5,000 during any regular election period during | 17 |
| which any candidate actively supported by the party is | 18 |
| seeking nomination or election. | 19 |
| (3) Any corporation, labor organization, or | 20 |
| association may contribute from its own treasuries no more | 21 |
| than $5,000 during each election period. All contributions | 22 |
| from associated entities, including political committees | 23 |
| for which the corporation, labor organization, or | 24 |
| association is the sponsoring entity, shall be aggregated | 25 |
| for the purposes of this Section. | 26 |
| (g) For political committees designated by a legislative |
|
|
|
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| 1 |
| caucus: | 2 |
| (1) Natural persons may contribute no more than $2,400 | 3 |
| during any regular election period during which any | 4 |
| candidate actively supported by the caucus is seeking | 5 |
| nomination or election. | 6 |
| (2) Any other political committee may contribute no | 7 |
| more than $5,000 during any regular election period during | 8 |
| which any candidate actively supported by the caucus is | 9 |
| seeking nomination or election. | 10 |
| (3) Any corporation, labor organization, or | 11 |
| association may contribute from its own treasuries no more | 12 |
| than $5,000 during each election period. All contributions | 13 |
| from associated entities, including political committees | 14 |
| for which the corporation, labor organization, or | 15 |
| association is the sponsoring entity, shall be aggregated | 16 |
| for the purposes of this Section. | 17 |
| (h) For any other political committee: | 18 |
| (1) Natural persons may contribute no more than $4,800 | 19 |
| during any period beginning on January 1 of an odd-numbered | 20 |
| year and ending on December 31 of the next even-numbered | 21 |
| year. | 22 |
| (2) Any corporation, labor organization, association, | 23 |
| or other political committee may contribute no more than | 24 |
| $5,000 during each election period. All contributions from | 25 |
| associated entities, including political committees for | 26 |
| which the corporation, labor organization, or association |
|
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| 1 |
| is the sponsoring entity, shall be aggregated for the | 2 |
| purposes of this Section. | 3 |
| (i) Nothing in this Section shall prohibit political | 4 |
| committees from dividing the proceeds of joint fun raising | 5 |
| efforts; provided that no political committee may receive more | 6 |
| than the limit from any one donor and all donations shall be | 7 |
| listed from their true origin. | 8 |
| (j) No natural person, corporation, labor organization, or | 9 |
| association may contribute in the aggregate more than $80,000 | 10 |
| to political committees during any period beginning on January | 11 |
| 1 of an odd-numbered year and ending on December 31 of the next | 12 |
| even-numbered year. | 13 |
| (k) On January 1 of every odd-numbered year, the State | 14 |
| Board of Elections shall adjust the limits established in | 15 |
| subsections (b), (c), (d), (f), (g), (h), and (j) for inflation | 16 |
| as determined by the Consumer Price Index for All Urban | 17 |
| Consumers as issued by the United States Department of Labor | 18 |
| and rounded to the nearest $100. | 19 |
| (l) When a corporation and any of its subsidiaries, | 20 |
| branches, divisions, departments, or local units; a labor | 21 |
| organization and any of its subsidiaries, branches, divisions, | 22 |
| departments, or local units; or an association and any of its | 23 |
| affiliates, subsidiaries, branches, divisions, departments, or | 24 |
| local units contribute to one or more political committees or | 25 |
| establish, maintain, or control more than one separate | 26 |
| segregated fund qualified as a political committee, all of the |
|
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| related contributing entities shall be treated as a single | 2 |
| contributing entity for the purposes of the limitations | 3 |
| provided by this Section. | 4 |
| (m) Expenditures. | 5 |
| (1) Expenditures made by any person in cooperation, | 6 |
| consultation, or concert with a candidate, his or her | 7 |
| authorized committee, or the their agents shall be | 8 |
| considered a contribution to the candidate's designated | 9 |
| political committee for the purpose of this Section. | 10 |
| (2) The financing by any person of the dissemination, | 11 |
| distribution, or republication, in whole or in part, of any | 12 |
| broadcast or any written, graphic, or other form of | 13 |
| campaign materials prepared by the candidate, his or her | 14 |
| political committee, or their authorized agents shall be | 15 |
| considered to be a contribution to the candidate's | 16 |
| designated political committee for the purposes of this | 17 |
| Section. | 18 |
| (n) For the purposes of the limitations designated by this | 19 |
| Section, all contributions made by a person, either directly or | 20 |
| indirectly, to a particular committee, including contributions | 21 |
| that are in any way earmarked or otherwise directed through an | 22 |
| intermediary or conduit to a committee, shall be treated as | 23 |
| contributions from the person to the committee. A conduit's or | 24 |
| intermediary's contribution limits are not affected by the | 25 |
| forwarding of an earmarked contribution except where the | 26 |
| conduit or intermediary exercises any direction or control over |
|
|
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| 1 |
| the choice of the recipient. | 2 |
| (o) No candidate or political committee shall knowingly | 3 |
| accept any contribution or make any expenditure in violation of | 4 |
| the provisions of this Section. No officer or employee of a | 5 |
| political committee shall knowingly accept a contribution made | 6 |
| for the benefit or use of a candidate or knowingly make any | 7 |
| expenditure on behalf of a candidate in violation of any | 8 |
| limitation designated for contributions and expenditures under | 9 |
| this Section. | 10 |
| (p) Multiple designations. | 11 |
| (1) No committee may accept donations larger than those | 12 |
| specified in this Section, regardless of the number of | 13 |
| candidates that may designate that committee under Section | 14 |
| 9-2.7. | 15 |
| (2) Any committee designated by candidates who | 16 |
| individually qualify under different subsections of this | 17 |
| Section shall be bound by the lower limit. | 18 |
| (q) Complaints. | 19 |
| (1) The Board shall receive complaints alleging | 20 |
| violations of this Section. The Board may bring complaints | 21 |
| and investigations on its own initiative when the Board has | 22 |
| reason to believe that a violation of this Section has | 23 |
| occurred. | 24 |
| (2) Upon receipt of a complaint, the Board shall hold a | 25 |
| closed preliminary hearing to determine whether or not the | 26 |
| complaint appears to have been filed on justifiable |
|
|
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|
| 1 |
| grounds. The closed preliminary hearing shall be conducted | 2 |
| as soon as practicable after affording reasonable notice, a | 3 |
| copy of the complaint, and an opportunity to testify at the | 4 |
| hearing to both the person making the complaint and the | 5 |
| person against whom the complaint is directed. If the Board | 6 |
| determines that the complaint has not been filed on | 7 |
| justifiable grounds, it shall issue a written order to | 8 |
| dismiss the complaint without further hearing, specifying | 9 |
| the defect in the original complaint. | 10 |
| (3) The Board shall have the authority to promulgate | 11 |
| procedural rules governing the filing and hearing of | 12 |
| complaints under this Section that are not inconsistent | 13 |
| with this Section. | 14 |
| (4) In addition to any other penalties authorized by | 15 |
| this Article, the State Board of Elections, any political | 16 |
| committee, or any person may apply to the circuit court for | 17 |
| a temporary restraining order or a preliminary or permanent | 18 |
| injunction against a political committee or any other | 19 |
| entity to cease the expenditure of funds in violation of | 20 |
| this Section and to cease operations until the Board | 21 |
| determines that the committee or entity is in compliance | 22 |
| with this Section. | 23 |
| (r) Penalties. | 24 |
| (1) Any person or entity that knowingly violates this | 25 |
| Section shall be fined the greater of $10,000 or 3 times | 26 |
| the value of the excess contribution or expenditure. |
|
|
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| 1 |
| (2) The State Board of Elections shall assess a penalty | 2 |
| of up to $5,000 for each violation against the recipient of | 3 |
| any contribution in violation of this Section if the | 4 |
| recipient knew that the donation was in violation of this | 5 |
| Section. For purposes of this Section, a recipient knows | 6 |
| that the donation is in violation of this Section if the | 7 |
| candidate, the committee chairman or treasurer, or any | 8 |
| natural person paid to perform regular campaign tasks knows | 9 |
| that the donation is in violation of this Section. | 10 |
| (10 ILCS 5/9-8.7 new) | 11 |
| Sec. 9-8.7. Soliciting of contributions by associations, | 12 |
| corporations, or labor organizations. | 13 |
| (a) It is unlawful for any person affiliated in any way | 14 |
| with a corporation to knowingly solicit an employee of that | 15 |
| corporation for a contribution to a political committee and | 16 |
| fail to inform the employee at the time of the solicitation of | 17 |
| the political purposes of the fund. It is unlawful for any | 18 |
| person affiliated in any way with a labor organization or an | 19 |
| association to knowingly solicit a member of that labor | 20 |
| organization or association for a contribution to a political | 21 |
| committee and fail to inform the member at the time of the | 22 |
| solicitation of the political purposes of the fund. | 23 |
| (b) It is unlawful for any person affiliated in any way | 24 |
| with a corporation to knowingly solicit an employee of that | 25 |
| corporation for a contribution to a political committee and |
|
|
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| 1 |
| fail to inform the employee at the time of the solicitation of | 2 |
| the employee's right to refuse to contribute without any | 3 |
| reprisal. It is unlawful for any person affiliated in any way | 4 |
| with a labor organization or an association to knowingly | 5 |
| solicit any member of that labor organization or association | 6 |
| for a contribution to a political committee and fail to inform | 7 |
| the member at the time of the solicitation of the member's | 8 |
| right to refuse to contribute without any reprisal. | 9 |
| (c) Complaints. | 10 |
| (1) The Board shall receive complaints alleging | 11 |
| violations of this Section. The Board may bring complaints | 12 |
| and investigations on its own initiative when the Board has | 13 |
| reason to believe that a violation of this Section has | 14 |
| occurred. | 15 |
| (2) Upon receipt of a complaint, the Board shall hold a | 16 |
| closed preliminary hearing to determine whether or not the | 17 |
| complaint appears to have been filed on justifiable | 18 |
| grounds. The closed preliminary hearing shall be conducted | 19 |
| as soon as practicable after affording reasonable notice, a | 20 |
| copy of the complaint, and an opportunity to testify at the | 21 |
| hearing to both the person making the complaint and the | 22 |
| person against whom the complaint is directed. If the Board | 23 |
| determines that the complaint has not been filed on | 24 |
| justifiable grounds, it shall issue a written order to | 25 |
| dismiss the complaint without further hearing, specifying | 26 |
| the defect in the original complaint. |
|
|
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| 1 |
| (3) The Board shall have the authority to promulgate | 2 |
| procedural rules governing the filing and hearing of | 3 |
| complaints under this Section that are not inconsistent | 4 |
| with this Section. | 5 |
| (4) In addition to any other penalties authorized by | 6 |
| this Article, the State Board of Elections, any political | 7 |
| committee, or any person may apply to the circuit court for | 8 |
| a temporary restraining order or a preliminary or permanent | 9 |
| injunction against a political committee or any other | 10 |
| entity to cease the expenditure of funds in violation of | 11 |
| this Section and to cease operations until the Board | 12 |
| determines that the committee or entity is in compliance | 13 |
| with this Section. | 14 |
| (d) Any person who violates this Section shall be fined | 15 |
| $200 for each person improperly solicited. Contributions | 16 |
| received from any donor within 6 months after an improper | 17 |
| solicitation of that donor must be returned to the donor. | 18 |
| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 19 |
| Sec. 9-10. Financial reports.
| 20 |
| (a) The treasurer of every State political committee, and | 21 |
| the treasurer of every local political committee shall file | 22 |
| with the Board, and the treasurer of every local political | 23 |
| committee shall file with the county clerk, reports of campaign | 24 |
| contributions and quarterly reports of campaign contributions | 25 |
| and expenditures on forms to be prescribed or approved by the |
|
|
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| Board. The treasurer of every political committee that acts as | 2 |
| both a State political committee and a local political | 3 |
| committee shall file a copy of each report with the State Board | 4 |
| of Elections and the county clerk. Entities subject to Section | 5 |
| 9-7.5 shall file reports required by that Section at the times | 6 |
| provided in this Section and are subject to the penalties | 7 |
| provided in this Section. | 8 |
| (b) A political committee that does not make an expenditure | 9 |
| or expenditures in an aggregate amount of more than $500 on | 10 |
| behalf of or in opposition to any (i) candidate or candidates, | 11 |
| (ii) public question or questions, or (iii) candidate or | 12 |
| candidates and public question or questions on the ballot at an | 13 |
| election shall not be required to file reports prescribed in | 14 |
| subsection (c) but may file in lieu thereof a Statement of | 15 |
| Nonparticipation in the Election with the Board or the Board | 16 |
| and the county clerk; except that if the political committee, | 17 |
| by the terms of its statement of organization filed in | 18 |
| accordance with this Article, is organized to support or oppose | 19 |
| a candidate or public question on the ballot at the next | 20 |
| election or primary, that committee must file reports required | 21 |
| by subsection (c). If a political committee is not organized to | 22 |
| support or oppose a candidate or public question on the ballot | 23 |
| at the next election or primary and the political committee | 24 |
| does not file a Statement of Nonparticipation, then the | 25 |
| committee shall be deemed to have filed a Statement of | 26 |
| Nonparticipation. If that political committee participates in |
|
|
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| 1 |
| that election then the committee shall be considered in | 2 |
| violation of this subsection as if it had filed a Statement of | 3 |
| Nonparticipation, unless the political committee files the | 4 |
| required reports within 5 days after the political committee | 5 |
| makes the contribution or, during the 5 days prior to the | 6 |
| election, within 24 hours after the committee makes the | 7 |
| contribution. | 8 |
| (c) Every committee shall file a report of any contribution | 9 |
| of more than $500 received (i) with respect to elections other | 10 |
| than the consolidated election, in the interim between the last | 11 |
| date of the period covered by the last report filed under | 12 |
| subsection (b) prior to the election and the date of the | 13 |
| election or (ii) with respect to the consolidated election, in | 14 |
| the period beginning January 1 of the year of the consolidated | 15 |
| election through the date of the election. Each report under | 16 |
| this subsection shall be filed with and must actually be | 17 |
| received by the State Board of Elections within 2 business days | 18 |
| after receipt of the contribution. | 19 |
| (d) Every committee shall file a report of any contribution | 20 |
| or contributions aggregating more than $1,000 received in the | 21 |
| interim since the last quarterly report with the State Board of | 22 |
| Elections within 5 business days. | 23 |
| (e) For the purpose of this Section, a contribution is | 24 |
| considered received on the date the public official, candidate, | 25 |
| or political committee (or equivalent person in the case of a | 26 |
| reporting entity other than a political committee) actually |
|
|
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| 1 |
| receives it or, in the case of goods or services, 2 business | 2 |
| days after the date the public official, candidate, committee, | 3 |
| or other reporting entity receives the certification required | 4 |
| under subsection (b) of Section 9-6. | 5 |
| (f) Failure to report each contribution is a separate | 6 |
| violation of this Section. In the final disposition of any | 7 |
| matter by the Board on or after the effective date of this | 8 |
| amendatory Act of the 96th General Assembly, the Board may | 9 |
| impose fines for violations of this Section not to exceed 150% | 10 |
| of the total amount of the contributions that were untimely | 11 |
| reported, but in no case when a fine is imposed shall it be | 12 |
| less than 10% of the total amount of the contributions that | 13 |
| were untimely reported. When considering the amount of the fine | 14 |
| to be imposed, the Board shall consider , but is not limited | 15 |
| to, the following factors: | 16 |
| (1) the amount by which a contribution exceeded the | 17 |
| threshold; | 18 |
| (2) the number of days the contribution was reported | 19 |
| late; and | 20 |
| (3) past violations of this Section or Section 9-3 by | 21 |
| the committee. | 22 |
| (g) The Board may impose fines for negligent, inadvertent, | 23 |
| or technical violations of this Section of not more than 50%, | 24 |
| nor less than 5%, of the total amount of the contributions that | 25 |
| were untimely Reported. When considering the amount of the fine | 26 |
| to be imposed, the Board shall consider, but is not limited to, |
|
|
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| 1 |
| the following factors: | 2 |
| (1) whether the violation was negligent or inadvertent | 3 |
| in nature; | 4 |
| (2) whether the contribution at issue was disclosed but | 5 |
| a violation arose because the disclosure was incorrectly | 6 |
| characterized or reported inadvertently by another related | 7 |
| committee; | 8 |
| (3) whether the violation arose from an apparent | 9 |
| discrepancy between the date of the contribution reported | 10 |
| by the transferring committee and the date reported by the | 11 |
| receiving committee, if there appears to be no attempt to | 12 |
| delay disclosure; | 13 |
| (4) the amount by which a contribution exceeded the | 14 |
| threshold; | 15 |
| (5) the number of days the contribution was reported | 16 |
| late; and | 17 |
| (6) past violations of this Section or Section 9-3 by | 18 |
| the committee. | 19 |
| (h) In addition to such reports the treasurer of every | 20 |
| political committee shall file quarterly reports of campaign | 21 |
| contributions and expenditures. The reports shall cover the | 22 |
| period January 1 through March 31, April 1 through June 30, | 23 |
| July 1 through September 30, and October 1 through December 31 | 24 |
| of each year. Reports shall be filed no later than 20 days | 25 |
| after the close of the reporting period. Reports of | 26 |
| contributions and expenditures must be filed to cover the |
|
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| prescribed time periods even though no contributions or | 2 |
| expenditures may have been received or made during the period. | 3 |
| The Board shall assess a civil penalty not to exceed $5,000 for | 4 |
| a violation of this subsection, except that for State officers | 5 |
| and candidates and political committees formed for statewide | 6 |
| office, the civil penalty may not exceed $10,000. The fine, | 7 |
| however, shall not exceed $500 for a first filing violation for | 8 |
| filing less than 10 days after the deadline. There shall be no | 9 |
| fine if the report is mailed and postmarked at least 72 hours | 10 |
| prior to the filing deadline. For the purpose of this | 11 |
| subsection, "statewide office" and State officer" mean the | 12 |
| Governor, Lieutenant Governor, Attorney General, Secretary of | 13 |
| State, Comptroller, and Treasurer. In addition to any fine | 14 |
| imposed under this subsection, the State Board of Elections may | 15 |
| order any political committee that has failed to file 2 | 16 |
| successive quarterly reports within 30 days after the day the | 17 |
| report was due to conduct an audit of all financial records | 18 |
| required to be maintained by the committee at the time the | 19 |
| audit is ordered. The committee ordered to conduct an audit | 20 |
| shall deliver a certified copy of the audit to the Board within | 21 |
| 90 calendar days after the day the audit was ordered. If the | 22 |
| committee fails to deliver a certified audit in the time | 23 |
| required, the Board shall assess a civil penalty of $250 per | 24 |
| day that the audit is late, not to exceed $5,000. | 25 |
| (i) A political committee that acts as either (i) a State | 26 |
| and local political committee or (ii) a local political |
|
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| committee and that files reports electronically under Section | 2 |
| 9-28 is not required to file copies of the reports with the | 3 |
| appropriate county clerk If the county clerk has a system that | 4 |
| permits access to, and duplication of, reports that are filed | 5 |
| with the State Board of Elections. A State and local political | 6 |
| committee or local political committee shall file with the | 7 |
| county clerk a copy of its statement of organization pursuant | 8 |
| to Section 9-3. | 9 |
| (j) A copy of each report or statement filed under this | 10 |
| Article shall be preserved by the person filing it for a period | 11 |
| of 2 years from the date of filing. | 12 |
| (a) The treasurer of every state political committee and | 13 |
| the
treasurer of every local political committee shall file | 14 |
| with the
Board, and the treasurer of every local political | 15 |
| committee shall file
with the county clerk, reports of campaign | 16 |
| contributions, and semi-annual
reports of campaign | 17 |
| contributions and expenditures on forms to be
prescribed or | 18 |
| approved by the Board. The treasurer of every political
| 19 |
| committee that acts as both a state political committee and a | 20 |
| local
political committee shall file a copy of each report with | 21 |
| the State Board
of Elections and the county clerk.
Entities | 22 |
| subject to Section 9-7.5 shall file reports required by
that | 23 |
| Section at times
provided in this Section and are subject to | 24 |
| the penalties provided in this
Section.
| 25 |
| (b) This subsection does not apply with respect to general | 26 |
| primary elections. Reports of campaign contributions shall be |
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| filed no later than the
15th day next preceding each election | 2 |
| in
connection with which the political committee has accepted | 3 |
| or is
accepting contributions or has made or is making | 4 |
| expenditures. Such
reports shall be complete as of the 30th day | 5 |
| next preceding each election. The Board shall assess a civil | 6 |
| penalty not to
exceed $5,000 for a violation of this | 7 |
| subsection, except that for State
officers and candidates
and | 8 |
| political
committees formed for statewide office, the civil
| 9 |
| penalty may not exceed $10,000.
The fine, however, shall not | 10 |
| exceed $500 for a
first filing violation for filing less than | 11 |
| 10 days after the deadline.
There shall be no fine if the | 12 |
| report is mailed and postmarked at least 72 hours
prior to the | 13 |
| filing deadline.
For the purpose of this subsection, "statewide
| 14 |
| office" and "State officer" means the Governor, Lieutenant | 15 |
| Governor, Attorney
General,
Secretary of State,
Comptroller, | 16 |
| and Treasurer. However, a
continuing political committee that | 17 |
| does not make an expenditure or
expenditures in an aggregate | 18 |
| amount of more than $500 on behalf of or in opposition to any | 19 |
| (i) candidate or candidates, (ii) public
question or questions, | 20 |
| or (iii) candidate or candidates and public question or | 21 |
| questions on the ballot at an election shall not be required to | 22 |
| file the
reports prescribed in this subsection (b) and | 23 |
| subsection (b-5) but may file in lieu thereof a Statement of
| 24 |
| Nonparticipation in the Election with the Board or the Board | 25 |
| and the county
clerk; except that if the political committee, | 26 |
| by the terms of its statement of organization filed in |
|
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| accordance with this Article, is organized to support or oppose | 2 |
| a candidate or public question on the ballot at the next | 3 |
| election or primary, that committee must file reports required | 4 |
| by this subsection (b) and by subsection (b-5).
| 5 |
| (b-5) Notwithstanding the provisions of subsection (b) and
| 6 |
| Section 1.25 of the Statute on Statutes, any contribution
of | 7 |
| more than $500 received (i) with respect to elections other | 8 |
| than the general primary election, in the interim between the | 9 |
| last date
of the period
covered by the last report filed under | 10 |
| subsection (b) prior to the election and
the date of the | 11 |
| election or (ii) with respect to general primary elections, in | 12 |
| the period beginning January 1 of the year of the general | 13 |
| primary election and prior to the date of the general primary | 14 |
| election shall be filed with and must actually be received by
| 15 |
| the State Board of Elections within 2 business days after
| 16 |
| receipt of such contribution. | 17 |
| A continuing political committee that does not support or | 18 |
| oppose a candidate or public question on the ballot at a | 19 |
| general primary election and does not make expenditures in | 20 |
| excess of $500 on behalf of or in opposition to any candidate | 21 |
| or public question on the ballot at the general primary | 22 |
| election shall not be required to file the report prescribed in | 23 |
| this subsection unless the committee makes an expenditure in | 24 |
| excess of $500 on behalf of or in opposition to any candidate | 25 |
| or public question on the ballot at the general primary | 26 |
| election. The committee shall timely file the report required |
|
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| under this subsection beginning with the date the expenditure | 2 |
| that triggered participation was made.
The State Board shall | 3 |
| allow filings of reports of contributions of more than
$500 | 4 |
| under this subsection (b-5) by political committees that are | 5 |
| not
required to file electronically to be made by
facsimile | 6 |
| transmission. | 7 |
|
For the purpose of this subsection, a contribution is | 8 |
| considered
received on the date the public official, candidate, | 9 |
| or political committee (or
equivalent person
in the case of a
| 10 |
| reporting entity other than a political committee) actually | 11 |
| receives it or, in
the case of goods or services, 2 business | 12 |
| days after the date the public
official,
candidate, committee,
| 13 |
| or other reporting entity receives the certification required | 14 |
| under subsection
(b) of Section 9-6.
| 15 |
| Failure to report
each contribution is a separate violation | 16 |
| of this subsection. In the final
disposition of any matter by | 17 |
| the Board on or after the effective date of this
amendatory Act | 18 |
| of the 93rd General Assembly, the Board
may
impose fines for | 19 |
| violations of this subsection not to exceed 100% of the
total
| 20 |
| amount of the contributions that were untimely reported, but in | 21 |
| no case when a
fine is imposed shall it be less
than 10% of the | 22 |
| total amount of the contributions that were untimely
reported.
| 23 |
| When considering the amount of the fine to be imposed, the | 24 |
| Board shall
consider, but is not limited to, the following | 25 |
| factors:
| 26 |
| (1) whether in the Board's opinion the violation was |
|
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| committed
inadvertently,
negligently, knowingly, or | 2 |
| intentionally;
| 3 |
| (2) the number of days the contribution was reported | 4 |
| late; and
| 5 |
| (3) past violations of Sections 9-3 and 9-10 of this | 6 |
| Article by the
committee.
| 7 |
| (c) In addition to such reports the treasurer of every | 8 |
| political
committee shall file semi-annual reports of campaign | 9 |
| contributions and
expenditures no later than July 20th, | 10 |
| covering the period from January 1st
through June 30th | 11 |
| immediately preceding, and no later than January 20th,
covering | 12 |
| the period from July 1st through December 31st of the preceding
| 13 |
| calendar year. Reports of contributions and expenditures must | 14 |
| be filed to
cover the prescribed time periods even though no | 15 |
| contributions or
expenditures may have been received or made | 16 |
| during the period.
The Board shall assess a civil penalty not | 17 |
| to exceed $5,000 for a violation
of this subsection, except | 18 |
| that for State officers and candidates
and political
committees | 19 |
| formed for statewide office, the civil
penalty may not exceed | 20 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 21 |
| filing violation for filing less than 10 days after the | 22 |
| deadline.
There shall be no fine if the report is mailed and | 23 |
| postmarked at least 72 hours
prior to the filing deadline.
For | 24 |
| the purpose of this subsection, "statewide
office" and "State | 25 |
| officer"
means the Governor, Lieutenant Governor, Attorney | 26 |
| General, Secretary
of State,
Comptroller, and Treasurer.
|
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| (c-5) A political committee that acts as either (i) a State | 2 |
| and local
political committee or (ii) a local political | 3 |
| committee and that files reports
electronically under Section | 4 |
| 9-28 is not required to file copies of the reports
with the | 5 |
| appropriate county clerk if the county clerk has a system that
| 6 |
| permits access to, and duplication of, reports that are filed | 7 |
| with the State
Board of Elections. A State and local political | 8 |
| committee or
a local political committee shall file with the | 9 |
| county clerk a copy of its
statement of organization pursuant | 10 |
| to Section 9-3.
| 11 |
| (d) A copy of each report or statement filed under this | 12 |
| Article
shall be
preserved by the person filing it for a period | 13 |
| of two years from the
date of filing.
| 14 |
| (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | 15 |
| eff. 1-1-09.)
| 16 |
| (10 ILCS 5/9-14.5 new)
| 17 |
| Sec. 9-14.5. Disclosure by contribution coordinator. | 18 |
| (a) As used in this Section: | 19 |
| (1) "Contribution bundle" means one or more | 20 |
| contributions earmarked for a committee, other than the | 21 |
| contribution coordinator, that are made by at least one | 22 |
| contributor other than the contribution coordinator and | 23 |
| that are delivered by or credited by the recipient to the | 24 |
| contribution coordinator with an aggregate value of at | 25 |
| least $3,000 during the interim since the last quarterly |
|
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| disclosure period. | 2 |
| (2) "Contribution coordinator" means a Natural person | 3 |
| or entity that: (i) functions as a conduit or intermediary | 4 |
| with respect to a political committee; (ii) is credited by | 5 |
| a candidate, public official, or political committee, | 6 |
| through records, designations, or other means of | 7 |
| recognition, with raising contributions made by one or more | 8 |
| other persons to benefit that candidate, public official, | 9 |
| or political committee; or (iii) a political committee | 10 |
| knows, or reasonably should know, has raised contributions | 11 |
| earmarked by one or more other persons to the political | 12 |
| committee. "Contribution coordinator" does not include any | 13 |
| person who is an officer or paid employee of a committee | 14 |
| with respect to that committee, nor does it include any | 15 |
| form of electronic clearinghouse used solely for | 16 |
| processing financial transactions by credit card or other | 17 |
| means. | 18 |
| (b) No political committee shall accept from a contribution | 19 |
| coordinator a contribution bundle unless the bundle is | 20 |
| accompanied by the coordinator's written disclosure, with | 21 |
| respect to each contribution in the contribution bundle, of all | 22 |
| of the contribution information required for reports filed | 23 |
| under Section 9-10, and the original date of each individual | 24 |
| contribution, together with the name, address, occupation, and | 25 |
| employer of the contribution coordinator. That disclosure | 26 |
| shall be filed with the State Board of Elections within 5 days |
|
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| 1 |
| after receipt, or upon transmittal to the intended recipient, | 2 |
| whichever is earlier. | 3 |
| (c) A political committee that receives a disclosure under | 4 |
| subsection (b) must electronically file the disclosure with the | 5 |
| State Board of Elections within 5 business days after receipt. | 6 |
| During the 30 days before a general or consolidated election, | 7 |
| or in the period beginning January 1 of the year of a general | 8 |
| primary election and prior to the date of the general primary | 9 |
| election, the disclosures must be made within 2 working days. | 10 |
| (d) For the purpose of the contribution limits established | 11 |
| by this Article, each contribution in a contribution bundle is | 12 |
| attributed to the person that made the contribution through the | 13 |
| contribution coordinator and is not attributed to the | 14 |
| contribution coordinator unless the contribution coordinator | 15 |
| made that contribution or unless the coordinator exercised | 16 |
| direction or control over the destination of the contribution. | 17 |
| (e) A candidate, public official, or political committee | 18 |
| that accepts a contribution in violation of this Section shall | 19 |
| return the contribution to the contribution coordinator, or | 20 |
| donate the contribution to a charitable organization approved | 21 |
| by the State Board of Elections, within 5 business days after | 22 |
| receipt. A contribution accepted in violation of this Section | 23 |
| and not disposed of as provided in this subsection shall | 24 |
| escheat to the State treasury. | 25 |
| (f) No person or entity that is prohibited from making | 26 |
| contributions to a committee may serve as a contribution |
|
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| 1 |
| coordinator with respect to that committee, and any person or | 2 |
| entity that is prohibited from contributing to a committee and | 3 |
| that receives an earmarked contribution to that committee, | 4 |
| shall return the contribution to the contributor and shall not | 5 |
| transmit the contribution or any report of the contribution to | 6 |
| the committee. | 7 |
| (10 ILCS 5/9-29 new)
| 8 |
| Sec. 9-29. Audit. | 9 |
| (a) As part of the verification required of each report | 10 |
| filed under Section 9-14, political committees organized under | 11 |
| this Article shall conduct audits of their finances and reports | 12 |
| when directed to do so by the State Board of Elections. An | 13 |
| audit shall be paid for by the committee and shall cover all | 14 |
| financial records required to be maintained by the committee at | 15 |
| the time the audit is ordered. | 16 |
| (b) The State Board of Elections shall order political | 17 |
| committees to conduct an audit under this Section as follows: | 18 |
| (1) Twice a year, within 30 days after the filing | 19 |
| deadline for quarterly reports, the Board shall divide | 20 |
| committees into groups based on the sum total of reported | 21 |
| receipts. The groups shall include committees that have (A) | 22 |
| less than $3,000; (B) at least $3,000 but not more than | 23 |
| $10,000; (C) more than $10,000 but not more than $25,000; | 24 |
| (D) more than $25,000 but not more than $100,000; and (E) | 25 |
| more than $100,000 or have not filed reports by the 30th |
|
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| day after the filing deadline. The Board shall, by a random | 2 |
| method of its choosing, select 1.0% of the committees in | 3 |
| Group (A), 2.0% of the committees in Group (B), 3.0% of the | 4 |
| committees in Group (C), 4.0% of the committees in Group | 5 |
| (D), and 5.0% of the committees in Group (E) and order that | 6 |
| they conduct audits. | 7 |
| (2) By affirmative vote of any 4 of the Board members. | 8 |
| Board members voting to order an audit shall publicly state | 9 |
| their reasons for so doing and may limit the audit to a | 10 |
| particular matter or time frame. | 11 |
| (c) Audits shall conform to generally accepted accounting | 12 |
| principles. | 13 |
| (d) Committees ordered to conduct audits shall deliver a | 14 |
| certified copy of the audit to the Board within 45 calendar | 15 |
| days after the date of the Board meeting at which the audit was | 16 |
| ordered. The Board by affirmative vote of any 4 of its members | 17 |
| may grant one 45-day extension to complete the audit. Copies | 18 |
| shall be delivered in both written and electronic formats. The | 19 |
| Board shall post copies of all audits on its website. | 20 |
| (e) Failure to deliver a certified audit in a timely manner | 21 |
| is a business offense punishable by a fine of $250 per day that | 22 |
| the audit is late, up to a maximum of $5,000. In the event that | 23 |
| a committee dissolves before paying any part of a fine issued | 24 |
| under this Section, the chairman and the treasurer of the | 25 |
| committee shall be personally, jointly, and severably liable | 26 |
| for any outstanding balance.
|
|
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| Section 97. Severability. The provisions of this Act are
| 2 |
| severable. If any provision of this Act is held invalid by a | 3 |
| court of competent jurisdiction, the invalidity does not affect | 4 |
| other provisions of the Act that can be given effect without | 5 |
| the invalid provision.
|
|