Full Text of HB2856 102nd General Assembly
HB2856 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2856 Introduced 2/19/2021, by Rep. Amy Grant SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/9-10 | from Ch. 46, par. 9-10 |
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Amends the Election Code. Requires political committees to include a copy or image of any receipt received for any expenditure that must be reported. Allows the State Board of Elections to adopt rules to implement the requirements. Effective immediately.
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| | A BILL FOR |
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| | | HB2856 | | LRB102 12822 SMS 18164 b |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Section 9-10 as follows: | 6 | | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 7 | | Sec. 9-10. Disclosure of contributions and expenditures.
| 8 | | (a) The treasurer of every political committee shall file | 9 | | with the
Board reports of campaign contributions and | 10 | | expenditures as required by this Section on forms to be
| 11 | | prescribed or approved by the Board.
| 12 | | (b) Every political committee shall file quarterly reports | 13 | | of campaign contributions, expenditures, and independent | 14 | | expenditures. The reports shall cover the period January 1 | 15 | | through March 31, April 1 through June 30, July 1 through | 16 | | September 30, and October 1 through December 31 of each year. A | 17 | | political committee shall file quarterly reports no later than | 18 | | the 15th day of the month following each period. Reports of | 19 | | contributions and expenditures must be filed to cover the | 20 | | prescribed time periods even though no contributions or | 21 | | expenditures may have been received or made during the period. | 22 | | The Board shall assess a civil penalty not to exceed $5,000 for | 23 | | failure to file a report required by this subsection. The |
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| 1 | | fine, however, shall not exceed $1,000 for a first violation | 2 | | if the committee files less than 10 days after the deadline. | 3 | | There shall be no fine if the report is mailed and postmarked | 4 | | at least 72 hours prior to the filing deadline. When | 5 | | considering the amount of the fine to be imposed, the Board | 6 | | shall consider whether the violation was committed | 7 | | inadvertently, negligently, knowingly, or intentionally and | 8 | | any past violations of this Section. | 9 | | (c) A political committee shall file a report of any | 10 | | contribution of $1,000 or more electronically with the Board | 11 | | within 5 business days after receipt of the contribution, | 12 | | except that the report shall be filed within 2 business days | 13 | | after receipt if (i) the contribution is received 30 or fewer | 14 | | days before the date of an election and (ii) the political | 15 | | committee supports or opposes a candidate or public question | 16 | | on the ballot at that election or makes expenditures in excess | 17 | | of $500 on behalf of or in opposition to a candidate, | 18 | | candidates, a public question, or public questions on the | 19 | | ballot at that election.
The State Board shall allow filings | 20 | | of reports of contributions of $1,000 or more by political | 21 | | committees that are not required to file electronically to be | 22 | | made by facsimile transmission. The Board shall assess a civil | 23 | | penalty for failure to file a report required by this | 24 | | subsection. Failure to report each contribution is a separate | 25 | | violation of this subsection. The Board shall impose fines for | 26 | | willful or wanton violations of this subsection (c) not to |
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| 1 | | exceed 150% of the total amount of the contributions that were | 2 | | untimely reported, but in no case shall it be less than 10% of | 3 | | the total amount of the contributions that were untimely | 4 | | reported. When considering the amount of the fine to be | 5 | | imposed for willful or wanton violations, the Board shall | 6 | | consider the number of days the contribution was reported late | 7 | | and past violations of this Section and Section 9-3. The Board | 8 | | may impose a fine for negligent or inadvertent violations of | 9 | | this subsection not to exceed 50% of the total amount of the | 10 | | contributions that were untimely reported, or the Board may | 11 | | waive the fine. When considering whether to impose a fine and | 12 | | the amount of the fine, the Board shall consider the following | 13 | | factors: (1) whether the political committee made an attempt | 14 | | to disclose the contribution and any attempts made to correct | 15 | | the violation, (2) whether the violation is attributed to a | 16 | | clerical or computer error, (3) the amount of the | 17 | | contribution, (4) whether the violation arose from a | 18 | | discrepancy between the date the contribution was reported | 19 | | transferred by a political committee and the date the | 20 | | contribution was received by a political committee, (5) the | 21 | | number of days the contribution was reported late, and (6) | 22 | | past violations of this Section and Section 9-3 by the | 23 | | political committee. | 24 | | (d) For the purpose of this Section, a contribution is | 25 | | considered received on the date (i) a monetary contribution | 26 | | was deposited in a bank, financial institution, or other |
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| 1 | | repository of funds for the committee, (ii) the date a | 2 | | committee receives notice a monetary contribution was | 3 | | deposited by an entity used to process financial transactions | 4 | | by credit card or other entity used for processing a monetary | 5 | | contribution that was deposited in a bank, financial | 6 | | institution, or other repository of funds for the committee, | 7 | | or (iii) the public official, candidate, or political | 8 | | committee receives the notification of contribution of goods | 9 | | or services as required under subsection (b) of Section 9-6. | 10 | | (e) A political committee that makes independent | 11 | | expenditures of $1,000 or more shall file a report | 12 | | electronically with the Board within 5 business days after | 13 | | making the independent expenditure, except that the report | 14 | | shall be filed within 2 business days after making the | 15 | | independent expenditure during the 60-day period before an | 16 | | election.
| 17 | | (e-5) An independent expenditure committee that makes an | 18 | | independent expenditure supporting or opposing a public | 19 | | official or candidate that, alone or in combination with any | 20 | | other independent expenditure made by that independent | 21 | | expenditure committee supporting or opposing that public | 22 | | official or candidate during the election cycle, equals an | 23 | | aggregate value of more than (i) $250,000 for statewide office | 24 | | or (ii) $100,000 for all other elective offices must file a | 25 | | written disclosure with the State Board of Elections within 2 | 26 | | business days after making any expenditure that results in the |
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| 1 | | independent expenditure committee exceeding the applicable | 2 | | threshold. The Board shall assess a civil penalty against an | 3 | | independent expenditure committee for failure to file the | 4 | | disclosure required by this subsection not to exceed (i) $500 | 5 | | for an initial failure to file the required disclosure and | 6 | | (ii) $1,000 for each subsequent failure to file the required | 7 | | disclosure.
| 8 | | (f) A copy of each report or statement filed under this | 9 | | Article
shall be
preserved by the person filing it for a period | 10 | | of two years from the
date of filing.
| 11 | | (g) Political committees shall include a copy or image of | 12 | | any receipt received for any expenditure that must be reported | 13 | | under this Section. The Board may adopt rules to implement the | 14 | | requirements of this subsection (g). | 15 | | (Source: P.A. 99-437, eff. 1-1-16 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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