Illinois General Assembly - Full Text of SB0248
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Full Text of SB0248  99th General Assembly



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1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing Section
59-10 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
9with the Board reports of campaign contributions and
10expenditures as required by this Section on forms to be
11prescribed or approved by the Board.
12    (b) Every political committee shall file quarterly reports
13of campaign contributions, expenditures, and independent
14expenditures. The reports shall cover the period January 1
15through March 31, April 1 through June 30, July 1 through
16September 30, and October 1 through December 31 of each year. A
17political committee shall file quarterly reports no later than
18the 15th day of the month following each period. Reports of
19contributions and expenditures must be filed to cover the
20prescribed time periods even though no contributions or
21expenditures may have been received or made during the period.
22The Board shall assess a civil penalty not to exceed $5,000 for
23failure to file a report required by this subsection. The fine,



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1however, shall not exceed $1,000 for a first violation if the
2committee files less than 10 days after the deadline. There
3shall be no fine if the report is mailed and postmarked at
4least 72 hours prior to the filing deadline. When considering
5the amount of the fine to be imposed, the Board shall consider
6whether the violation was committed inadvertently,
7negligently, knowingly, or intentionally and any past
8violations of this Section.
9    (c) A political committee shall file a report of any
10contribution of $1,000 or more electronically with the Board
11within 5 business days after receipt of the contribution,
12except that the report shall be filed within 2 business days
13after receipt if (i) the contribution is received 30 or fewer
14days before the date of an election and (ii) the political
15committee supports or opposes a candidate or public question on
16the ballot at that election or makes expenditures in excess of
17$500 on behalf of or in opposition to a candidate, candidates,
18a public question, or public questions on the ballot at that
19election. The State Board shall allow filings of reports of
20contributions of $1,000 or more by political committees that
21are not required to file electronically to be made by facsimile
22transmission. The Board shall assess a civil penalty for
23failure to file a report required by this subsection. Failure
24to report each contribution is a separate violation of this
25subsection. The Board shall impose fines for willful or wanton
26violations of this subsection (c) not to exceed 150% of the



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1total amount of the contributions that were untimely reported,
2but in no case shall it be less than 10% of the total amount of
3the contributions that were untimely reported. When
4considering the amount of the fine to be imposed for willful or
5wanton violations, the Board shall consider the number of days
6the contribution was reported late and past violations of this
7Section and Section 9-3. The Board may impose a fine for
8negligent or inadvertent violations of this subsection not to
9exceed 50% of the total amount of the contributions that were
10untimely reported, or the Board may waive the fine. When
11considering whether to impose a fine and the amount of the
12fine, the Board shall consider the following factors: (1)
13whether the political committee made an attempt to disclose the
14contribution and any attempts made to correct the violation,
15(2) whether the violation is attributed to a clerical or
16computer error, (3) the amount of the contribution, (4) whether
17the violation arose from a discrepancy between the date the
18contribution was reported transferred by a political committee
19and the date the contribution was received by a political
20committee, (5) the number of days the contribution was reported
21late, and (6) past violations of this Section and Section 9-3
22by the political committee.
23    (d) For the purpose of this Section, a contribution is
24considered received on the date (i) a monetary contribution was
25deposited in a bank, financial institution, or other repository
26of funds for the committee, (ii) the date a committee receives



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1notice a monetary contribution was deposited by an entity used
2to process financial transactions by credit card or other
3entity used for processing a monetary contribution that was
4deposited in a bank, financial institution, or other repository
5of funds for the committee, or (iii) the public official,
6candidate, or political committee receives the notification of
7contribution of goods or services as required under subsection
8(b) of Section 9-6.
9    (e) A political committee that makes independent
10expenditures of $1,000 or more shall file a report
11electronically with the Board within 5 business days after
12making the independent expenditure, except that the report
13shall be filed within 2 business days after making the
14independent expenditure during the 60-day period before an
15election during the period 30 days or fewer before an election
16shall electronically file a report with the Board within 5
17business days after making the independent expenditure. The
18report shall contain the information required in Section
199-11(c) of this Article.
20    (e-5) An independent expenditure committee that makes an
21independent expenditure supporting or opposing a public
22official or candidate that, alone or in combination with any
23other independent expenditure made by that independent
24expenditure committee supporting or opposing that public
25official or candidate during the election cycle, equals an
26aggregate value of more than (i) $250,000 for statewide office



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1or (ii) $100,000 for all other elective offices must file a
2written disclosure with the State Board of Elections within 2
3business days after making any expenditure that results in the
4independent expenditure committee exceeding the applicable
5threshold. The Board shall assess a civil penalty against an
6independent expenditure committee for failure to file the
7disclosure required by this subsection not to exceed (i) $500
8for an initial failure to file the required disclosure and (ii)
9$1,000 for each subsequent failure to file the required
11    (f) A copy of each report or statement filed under this
12Article shall be preserved by the person filing it for a period
13of two years from the date of filing.
14(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)