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90_HB0639
SEE INDEX
Amends the Illinois Governmental Ethics Act and the
Election Code. Provides that a General Assembly member, the
Governor, or a member of a political committee promoting a
General Assembly member shall not solicit funds through any
event from 8 weeks prior to the scheduled adjournment date
through one week after the actual adjournment of the General
Assembly. Deletes the requirement that personal information
disclosed by a person examining a statement or report of a
political committee be furnished to the committee. Provides
that, in addition to other information, the occupation and
employer of a person making a contribution shall be reported.
Raises to $2,000 (now $1,000) the aggregate amount of
contributions or expenditures a political committee may
accept or make before filing the required reports. Raises to
$250 (now $150) the limit for itemized individual
contributions to and transfers from a political committee
that must be reported. Provides the Board may assess a civil
penalty not to exceed $5,000 (now $1,000) for violations of
the Article concerning campaign contributions and
expenditures. Provides that the Board may assess a civil
penalty if a political committee fails to report within 2
days a contribution of $500 or more received during the
period between the committee's last report and the date of
the election. Makes other changes. Effective immediately.
LRB9001034MWccD
LRB9001034MWccD
1 AN ACT concerning elections, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Governmental Ethics Act is
5 amended by adding Section 2-115 as follows:
6 (5 ILCS 420/2-115 new)
7 Section 2-115. Contributions during General Assembly
8 session. A member of the General Assembly, the Governor, or
9 a political committee engaged in promoting one or more
10 members of the General Assembly, except a State central or
11 county central committee, shall not solicit or accept
12 contributions in the county in which the Illinois State
13 Capital is located during the period beginning 8 weeks before
14 the scheduled adjournment date of the General Assembly
15 through one week after the actual adjournment.
16 Contributions received in violation of this Section shall
17 be reported to the State Board of Elections by the member,
18 the Governor, or the political committee on a form prescribed
19 by the Board and shall either be returned to the contributor
20 or surrendered to the Treasurer of the State of Illinois for
21 deposit into the General Revenue Fund, no less than 10 days
22 after receipt.
23 The State Board of Elections may adopt rules and
24 regulations to implement this Section.
25 The State Board of Elections shall assess a civil penalty
26 not to exceed $5,000 for each violation of this Section.
27 Section 10. The Election Code is amended by changing
28 Sections 9-1.7, 9-1.8, 9-1.9, 9-10, 9-11, 9-12, 9-13, 9-14,
29 9-17, 9-23 and adding Section 9-2.1 as follows:
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1 (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
2 Sec. 9-1.7. "Local political committee" means the
3 candidate himself or any individual, trust, partnership,
4 committee, association, corporation, or any other
5 organization or group of persons which--
6 (a) accepts contributions or grants or makes
7 expenditures during any 12-month period in an aggregate
8 amount exceeding $2,000 $1,000 on behalf of or in opposition
9 to a candidate or candidates for public office who are
10 required by the Illinois Governmental Ethics Act to file
11 statements of economic interests with the county clerk, or on
12 behalf of or in opposition to a candidate or candidates for
13 election to the office of ward or township committeeman in
14 counties of 3,000,000 or more population.
15 (b) accepts contributions or makes expenditures during
16 any 12-month period in an aggregate amount exceeding $2,000
17 $1,000 in support of or in opposition to any question of
18 public policy to be submitted to the electors of an area
19 encompassing no more than one county, or
20 (c) accepts contributions or makes expenditures during
21 any 12-month period in an aggregate amount exceeding $2,000
22 $1,000 and has as its primary purpose the furtherance of
23 governmental, political or social values, is organized on a
24 not-for-profit basis, and which publicly endorses or publicly
25 opposes a candidate or candidates for public office who are
26 required by the Illinois Governmental Ethics Act to file
27 statements of economic interest with the County Clerk or a
28 candidate or candidates for the office of ward or township
29 committeeman in counties of 3,000,000 or more population.
30 (Source: P.A. 89-405, eff. 11-8-95.)
31 (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
32 Sec. 9-1.8. "State political committee" means the
33 candidate himself or any individual, trust, partnership,
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1 committee, association, corporation, or any other
2 organization or group of persons which--
3 (a) accepts contributions or grants or makes
4 expenditures during any 12-month period in an aggregate
5 amount exceeding $2,000 $1,000 on behalf of or in opposition
6 to a candidate or candidates for public office who are
7 required by the Illinois Governmental Ethics Act to file
8 statements of economic interests with the Secretary of State,
9 (b) accepts contributions or makes expenditures during
10 any 12-month period in an aggregate amount exceeding $3,000
11 in support of or in opposition to any question of public
12 policy to be submitted to the electors of an area
13 encompassing more than one county, or
14 (c) accepts contributions or makes expenditures during
15 any 12-month period in an aggregate amount exceeding $2,000
16 $1,000 ($3,000 in the case of question of public policy to be
17 submitted to the electors of an area encompassing more than
18 one county) and has as its primary purpose the furtherance of
19 governmental, political or social values, is organized on a
20 not-for-profit basis, and which publicly endorses or publicly
21 opposes a candidate or candidates for public office who are
22 required by the Illinois Governmental Ethics Act to file
23 statements of economic interest with the Secretary of State.
24 (Source: P.A. 80-1495.)
25 (10 ILCS 5/9-1.9) (from Ch. 46, par. 9-1.9)
26 Sec. 9-1.9. "Political committee" includes State central
27 and county central committees of any political party, and
28 also includes local political committees and state political
29 committees, but does not include any candidate who does not
30 accept contributions or make expenditures during any 12-month
31 period in an aggregate amount exceeding $2,000 $1,000, nor
32 does it include, with the exception of State central and
33 county central committees of any political party, any
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1 individual, trust, partnership, committee, association,
2 corporation, or any other organization or group of persons
3 which does not accept contributions or make expenditures
4 during any 12-month period in an aggregate amount exceeding
5 $2,000 $1,000 on behalf of or in opposition to a candidate or
6 candidates or to any question of public policy to be
7 submitted to the electors of an area encompassing no more
8 than one county (or $3,000 in support of or in opposition to
9 any question of public policy to be submitted to the electors
10 of an area encompassing more than one county), and such
11 candidates and persons shall not be required to comply with
12 any filing provisions in this Article.
13 (Source: P.A. 80-767.)
14 (10 ILCS 5/9-2.1 new)
15 Sec. 9-2.1. Contributions during General Assembly
16 session. A member of the General Assembly, the Governor, or
17 a political committee engaged in promoting one or more
18 members of the General Assembly, except a State central or
19 county central committee, shall not solicit or accept
20 contributions in the county in which the Illinois State
21 Capital is located during the period beginning 8 weeks before
22 the scheduled adjournment date of the General Assembly
23 through one week after the actual adjournment.
24 Contributions received in violation of this Section
25 shall be reported to the State Board of Elections by the
26 member, the Governor, or the political committee on a form
27 prescribed by the Board and shall either be returned to the
28 contributor or surrendered to the Treasurer of the State of
29 Illinois for deposit into the General Revenue Fund, no less
30 than 10 days after receipt.
31 The State Board of Elections may adopt rules and
32 regulations to implement this Section.
33 The State Board of Elections shall assess a civil penalty
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1 not to exceed $5,000 for each violation of this Section.
2 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
3 Sec. 9-10. Reports of campaign contributions;
4 semi-annual reports; preservation.
5 (a) The treasurer of every state political committee and
6 the treasurer of every local political committee shall file
7 with the Board, and the treasurer of every local political
8 committee shall file with the county clerk, reports of
9 campaign contributions, and semi-annual reports of campaign
10 contributions and expenditures on forms to be prescribed or
11 approved by the Board. The treasurer of every political
12 committee that acts as both a state political committee and a
13 local political committee shall file a copy of each report
14 with the State Board of Elections and the county clerk.
15 (b) Reports of campaign contributions shall be filed no
16 later than the 15th day next preceding each election
17 including a primary election in connection with which the
18 political committee has accepted or is accepting
19 contributions or has made or is making expenditures. Such
20 reports shall be complete as of the 30th day next preceding
21 each election including a primary election, except that any
22 contribution of $500 or more received in the interim between
23 the last date of the period covered by the last report filed
24 prior to the election and the date of the election shall be
25 reported within 2 business days after its receipt. The Board
26 shall assess a civil penalty not to exceed $5,000 for a
27 violation of this subsection (b). However, a continuing
28 political committee that neither accepts contributions nor
29 makes expenditures on behalf of or in opposition to any
30 candidate or public question on the ballot at an election
31 shall not be required to file the reports heretofore
32 prescribed but may file in lieu thereof a Statement of
33 Nonparticipation in the Election with the Board or the Board
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1 and the county clerk.
2 (c) In addition to such reports the treasurer of every
3 political committee shall file semi-annual reports of
4 campaign contributions and expenditures no later than July
5 31st, covering the period from January 1st through June 30th
6 immediately preceding, and no later than January 31st,
7 covering the period from July 1st through December 31st of
8 the preceding calendar year. Reports of contributions and
9 expenditures must be filed to cover the prescribed time
10 periods even though no contributions or expenditures may have
11 been received or made during the period. The Board shall
12 assess a civil penalty not to exceed $5,000 for a violation
13 of this subsection (c).
14 (d) A copy of each report or statement filed under this
15 Article shall be preserved by the person filing it for a
16 period of two years from the date of filing.
17 (Source: P.A. 86-873.)
18 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
19 Sec. 9-11. Each report of campaign contributions under
20 Section 9-10 shall disclose-
21 (1) the name and address of the political committee;
22 (2) the scope, area of activity, party affiliation,
23 candidate affiliation, and purposes of the political
24 committee;
25 (3) the amount of funds on hand at the beginning of the
26 reporting period;
27 (4) the full name and mailing address of each person who
28 has made one or more contributions to or for such committee
29 within the reporting period in an aggregate amount or value
30 in excess of $250 $150, together with the amount and date of
31 such contributions, and if the contributor is an individual,
32 the occupation and employer of the contributor;
33 (5) the total sum of individual contributions made to or
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1 for such committee during the reporting period and not
2 reported under item (4);
3 (6) the name and address of each political committee
4 from which the reporting committee received, or to which that
5 committee made, any transfer of funds, in any aggregate
6 amount or value in excess of $250 $150, together with the
7 amounts and dates of all transfers;
8 (7) the total sum of transfers made to or from such
9 committee during the reporting period and not reported under
10 item (6);
11 (8) each loan to or from any person within the reporting
12 period by or to such committee in an aggregate amount or
13 value in excess of $250 $150, together with the full names
14 and mailing addresses of the lender and endorsers, if any,
15 and the date and amount of such loans, and if a lender or
16 endorser is an individual, the occupation and employer of
17 that individual;
18 (9) the total amount of proceeds received by such
19 committee from (a) the sale of tickets for each dinner,
20 luncheon, cocktail party, rally, and other fund-raising
21 events; (b) mass collections made at such events; and (c)
22 sales of items such as political campaign pins, buttons,
23 badges, flags, emblems, hats, banners, literature, and
24 similar materials;
25 (10) each contribution, rebate, refund, or other receipt
26 in excess of $250 $150 received by such committee not
27 otherwise listed under items (4) through (9), and if the
28 contributor is an individual, the occupation and employer of
29 the contributor;
30 (11) the total sum of all receipts by or for such
31 committee or candidate during the reporting period.
32 The reports of campaign contributions filed under this
33 Article shall be cumulative during the reporting period to
34 which they relate, but where there has been no change in an
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1 item reported in a previous report during such year, only the
2 amount need be carried forward.
3 (Source: P.A. 86-873.)
4 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
5 Sec. 9-12. Each report of campaign contributions
6 required by Section 9-10 of this Article to be filed with the
7 Board or the Board and the county clerk shall be verified,
8 dated, and signed by either the treasurer of the political
9 committee making the report or the candidate on whose behalf
10 the report is made, and shall contain substantially the
11 following:
12 REPORT OF CAMPAIGN CONTRIBUTIONS
13 (1) name and address of the political committee:
14 .............................................................
15 (2) scope, area of activity, party affiliation, candidate
16 affiliation, and purposes of the political committee:
17 .............................................................
18 .............................................................
19 .............................................................
20 .............................................................
21 (3) the date of the beginning of the reporting period, and
22 the amount of funds on hand at the beginning of the reporting
23 period:
24 .............................................................
25 (4) the full name and mailing address of each person who has
26 made one or more contributions to or for the committee within
27 the reporting period in an aggregate amount or value in
28 excess of $250 $150, together with the amount and date of
29 such contributions, and if the person is an individual, the
30 occupation and employer of each contributor:
31 name address amount date occupation employer
32 .... ....... ...... .... .......... ........
33 .... ....... ...... .... .......... ........
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1 .... ....... ...... .... .......... ........
2 .... ....... ...... .... .......... ........
3 .... ....... ...... .... .......... ........
4 (5) the total sum of individual contributions made to or for
5 the committee during the reporting period and not reported
6 under item (4) -
7 .............................................................
8 (6) the name and address of each political committee from
9 which the reporting committee received, or to which that
10 committee made, any transfer of funds, in an aggregate amount
11 or value in excess of $250 $150, together with the amounts
12 and dates of all transfers:
13 name address amount date
14 .......... .......... .......... ..........
15 .......... .......... .......... ..........
16 .......... .......... .......... ..........
17 (7) the total sum of transfers made to or from such
18 committee during the reporting period and not under item (6):
19 .............................................................
20 (8) each loan to or from any person within the reporting
21 period by or to the committee in an aggregate amount or value
22 in excess of $250 $150, together with the full names and
23 mailing addresses of the lender and endorsers, if any, and
24 the date and amount of such loans, and the occupation and
25 employer of each person making the loan:
26 (9) the total amount of proceeds received by the committee
27 from (a) the sale of tickets for each dinner, luncheon,
28 cocktail party, rally, and other fund-raising events; (b)
29 mass collections made at such events; and (c) sales of items
30 such as political campaign pins, buttons, badges, flags,
31 emblems, hats, banners, literature, and similar materials:
32 (a)..........................................................
33 (b)..........................................................
34 (c)..........................................................
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1 (10) each contribution, rebate, refund, or other receipt in
2 excess of $250 $150 received by the committee not otherwise
3 listed under items (4) through (9), and if the person is an
4 individual, the occupation and employer of each contributor:
5 name address amount date occupation employer
6 .... ....... ...... .... .......... ........
7 .... ....... ...... .... .......... ........
8 .... ....... ...... .... .......... ........
9 .... ....... ...... .... .......... ........
10 .... ....... ...... .... .......... ........
11 (11) the total sum of all receipts by or for the committee
12 during the reporting period:
13 .............................................................
14 VERIFICATION:
15 "I declare that this report of campaign contributions
16 (including any accompanying schedules and statements) has
17 been examined by me and to the best of my knowledge and
18 belief is a true, correct and complete report as required by
19 Article 9 of The Election Code. I understand that the penalty
20 for willfully filing a false or incomplete statement shall be
21 a fine not to exceed $500 or imprisonment in a penal
22 institution other than the penitentiary not to exceed 6
23 months, or both fine and imprisonment."
24 .............................................................
25 (date of filing) (signature of person making the report)
26 (Source: P.A. 86-873.)
27 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
28 Sec. 9-13. Each semi-annual report of campaign
29 contributions and expenditures under Section 9-10 shall
30 disclose-
31 (1) the name and address of the political committee;
32 (2) the scope, area of activity, party affiliation,
33 candidate affiliation, and purposes of the political
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1 committee;
2 (3) the amount of funds on hand at the beginning of the
3 reporting period;
4 (4) the full name and mailing address of each person who
5 has made one or more contributions to or for such committee
6 within the reporting period in an aggregate amount or value
7 in excess of $250 $150, together with the amount and date of
8 such contributions, and if the contributor is an individual,
9 the occupation and employer of the contributor;
10 (5) the total sum of individual contributions made to or
11 for such committee during the reporting period and not
12 reported under item (4);
13 (6) the name and address of each political committee
14 from which the reporting committee received, or to which that
15 committee made, any transfer of funds, in the aggregate
16 amount or value in excess of $250 $150, together with the
17 amounts and dates of all transfers;
18 (7) the total sum of transfers made to or from such
19 committee during the reporting period and not reported under
20 item (6);
21 (8) each loan to or from any person within the reporting
22 period by or to such committee in an aggregate amount or
23 value in excess of $250 $150, together with the full names
24 and mailing addresses of the lender and endorsers, if any,
25 and the date and amount of such loans and if a lender or
26 endorser is an individual the occupation and employer of that
27 individual;
28 (9) the total amount of proceeds received by such
29 committee from (a) the sale of tickets for each dinner,
30 luncheon, cocktail party, rally, and other fund-raising
31 events; (b) mass collections made at such events; and (c)
32 sales of items such as political campaign pins, buttons,
33 badges, flags, emblems, hats, banners, literature, and
34 similar materials;
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1 (10) each contribution, rebate, refund, or other receipt
2 in excess of $250 $150 received by such committee not
3 otherwise listed under items (4) through (9);
4 (11) the total sum of all receipts by or for such
5 committee or candidate during the reporting period;
6 (12) the full name and mailing address of each person to
7 whom expenditures have been made by such committee or
8 candidate within the reporting period in an aggregate amount
9 or value in excess of $250 $150, the amount, date, and
10 purpose of each such expenditure and the question of public
11 policy or the name and address of, and office sought by, each
12 candidate on whose behalf such expenditure was made;
13 (13) the full name and mailing address of each person to
14 whom an expenditure for personal services, salaries, and
15 reimbursed expenses in excess of $250 $150 has been made, and
16 which is not otherwise reported, including the amount, date,
17 and purpose of such expenditure;
18 (14) the total sum of expenditures made by such
19 committee during the reporting period;
20 (15) the full name and mailing address of each person to
21 whom the committee owes debts or obligations in excess of
22 $150, and the amount of such debts or obligations.
23 (Source: P.A. 86-873.)
24 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
25 Sec. 9-14. Each semi-annual report of campaign
26 contributions and expenditures required by Section 9-10 of
27 this Article to be filed with the Board or the Board and the
28 county clerk shall be verified, dated, and signed by either
29 the treasurer of the political committee making the report or
30 the candidate on whose behalf the report is made, and shall
31 contain substantially the following:
32 SEMI-ANNUAL REPORT OF CAMPAIGN
33 CONTRIBUTIONS AND EXPENDITURES
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1 (1) name and address of the political committee:
2 .............................................................
3 (2) scope, area of activity, party affiliation, candidate
4 affiliation, and purposes of the political committee:
5 .............................................................
6 .............................................................
7 .............................................................
8 .............................................................
9 (3) the date of the beginning of the reporting period, and
10 the amount of funds on hand at the beginning of the reporting
11 period;
12 .............................................................
13 (4) the full name and mailing address of each person who has
14 made one or more contributions to or for the committee within
15 the reporting period in an aggregate amount or value in
16 excess of $250 $150, together with the amount and date of
17 such contributions, and if the contributor is an individual;
18 the occupation and employer of the contributor:
19 name address amount date occupation employer
20 .... ....... ...... .... .......... ........
21 .... ....... ...... .... .......... ........
22 .... ....... ...... .... .......... ........
23 .... ....... ...... .... .......... ........
24 .... ....... ...... .... .......... ........
25 (5) the total sum of individual contributions made to or for
26 the committee during the reporting period and not reported
27 under item--(4):
28 .............................................................
29 (6) the name and address of each political committee from
30 which the reporting committee received, or to which that
31 committee made, any transfer of funds, in an aggregate amount
32 or value in excess of $250 $150, together with the amounts
33 and dates of all transfers:
34 name address amount date
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1 .......... .......... .......... ..........
2 .......... .......... .......... ..........
3 .......... .......... .......... ..........
4 (7) the total sum of transfers made to or from such
5 committee during the reporting period and not reported under
6 item (6);
7 (8) each loan to or from any person within the reporting
8 period by or to the committee in an aggregate amount or value
9 in excess of $250 $150, together with the full names and
10 mailing addresses of the lender and endorsers, if any, and
11 the date and amount of such loans, and the occupation and
12 employer of each person making the loan:
13 name address amount date endorsers occupation employer
14 .... ....... ...... .... ......... .......... ........
15 .... ....... ...... .... ......... .......... ........
16 .... ....... ...... .... ......... .......... ........
17 (9) the total amount of proceeds received by the committee
18 from (a) the sale of tickets for each dinner, luncheon,
19 cocktail party, rally, and other fund-raising events; (b)
20 mass collections made at such events; and (c) sales of items
21 such as political campaign pins, buttons, badges, flags,
22 emblems, hats, banners, literature, and similar materials:
23 (a)..........................................................
24 (b)..........................................................
25 (c)..........................................................
26 (10) each contribution, rebate, refund, or other receipt in
27 excess of $250 $150 received by the committee not otherwise
28 listed under items (4) through (9):
29 name address amount date
30 .......... .......... .......... ..........
31 .......... .......... .......... ..........
32 (11) the total sum of all receipts by or for the committee
33 during the reporting period:
34 .............................................................
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1 (12) the full name and mailing address of each person to
2 whom expenditures have been made by the committee within the
3 reporting period in an aggregate amount or value in excess of
4 $250 $150, the amount, date, and purpose of each such
5 expenditure, and the question of public policy or the name
6 and address of, and office sought by, each candidate on whose
7 behalf the expenditure was made:
8 name address amount date purpose beneficiary
9 .......... ....... ...... .... ....... ...........
10 .......... ....... ...... .... ....... ...........
11 .......... ....... ...... .... ....... ...........
12 .......... ....... ...... .... ....... ...........
13 .......... ....... ...... .... ....... ...........
14 (13) the full name and mailing address of each person to
15 whom an expenditure for personal services, salaries, and
16 reimbursed expenses in excess of $250 $150 has been made, and
17 which is not otherwise reported, including the amount, date,
18 and purpose of such expenditure:
19 name address amount date purpose
20 .......... .......... ........ ........ ..........
21 .......... .......... ........ ........ ..........
22 .......... .......... ........ ........ ..........
23 (14) the total sum of expenditures made by the committee
24 during the reporting period;
25 .............................................................
26 (15) the full name and mailing address of each person to
27 whom the committee owes debts or obligations in excess of
28 $250 $150, and the amount of such debts or obligations:
29 .............................................................
30 .............................................................
31 VERIFICATION:
32 "I declare that this semi-annual report of campaign
33 contributions and expenditures (including any accompanying
34 schedules and statements) has been examined by me and to the
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1 best of my knowledge and belief is a true, correct and
2 complete report as required by Article 9 of The Election
3 Code. I understand that the penalty for willfully filing a
4 false or incomplete report shall be a fine not to exceed $500
5 or imprisonment in a penal institution other than the
6 penitentiary not to exceed 6 months, or both fine and
7 imprisonment."
8 ................ .......................................
9 (date of filing) (signature of person making the report)
10 (Source: P.A. 86-873.)
11 (10 ILCS 5/9-17) (from Ch. 46, par. 9-17)
12 Sec. 9-17. All statements and reports filed under this
13 Article with the board or county clerk shall be available for
14 examination and copying by the public at all reasonable
15 times. Such person examining a statement or report must first
16 fill out a form prepared by the Board identifying the
17 examiner by name, occupation, address and telephone number,
18 and listing the date of examination and reason for such
19 examination. The board shall supply such forms to the county
20 clerks annually and replenish such forms upon request.
21 The Board or county clerk, as the case may be, shall
22 promptly notify each political committee required to file a
23 statement or report under this Article of each instance of an
24 examination of its statement or report by sending it a
25 duplicate original of the identification form filled out by
26 the person examining its report.
27 Any person who alters or falsifies information on a copy
28 of a statement or report obtained from the State Board of
29 Elections or the county clerk pursuant to Article 9 of this
30 Code and publishes, circulates or distributes such altered or
31 falsified information with the intent to misrepresent
32 contributions received or expenditures made by a candidate or
33 political committee shall be guilty of a Class B misdemeanor.
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1 Any person who shall sell or utilize information copied
2 from statements and reports filed with the State Board of
3 Elections or the county clerk pursuant to Article 9 of this
4 Code for the purpose of soliciting contributions or for the
5 purpose of business solicitation shall be guilty of a Class B
6 misdemeanor.
7 (Source: P.A. 81-310.)
8 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
9 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
10 has issued an order, or has approved a written stipulation,
11 agreed settlement or consent order, directing a person
12 determined by the Board to be in violation of any provision
13 of this Article or any regulation adopted thereunder, to
14 cease or correct such violation or otherwise comply with this
15 Article and such person fails or refuses to comply with such
16 order, stipulation, settlement or consent order within the
17 time specified by the Board, the Board, after affording
18 notice and an opportunity for a public hearing, may impose a
19 civil penalty on such person in an amount not to exceed
20 $5,000 $1,000.
21 Civil penalties imposed on any such person by the Board
22 shall be enforceable in the Circuit Court. The Board shall
23 petition the Court for an order to enforce collection of the
24 penalty and, if the Court finds it has jurisdiction over the
25 person against whom the penalty was imposed, the Court shall
26 issue the appropriate order. Any civil penalties collected
27 by the Court shall be forwarded to the State Treasurer.
28 In addition to or in lieu of the imposition of a civil
29 penalty, the board may report such violation and the failure
30 or refusal to comply with the order of the Board to the
31 Attorney General and the appropriate State's Attorney.
32 (Source: P.A. 83-540.)
-18- LRB9001034MWccD
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
-19- LRB9001034MWccD
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 420/2-115 new
4 10 ILCS 5/9-1.7 from Ch. 46, par. 9-1.7
5 10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8
6 10 ILCS 5/9-1.9 from Ch. 46, par. 9-1.9
7 10 ILCS 5/9-2.1 new
8 10 ILCS 5/9-10 from Ch. 46, par. 9-10
9 10 ILCS 5/9-11 from Ch. 46, par. 9-11
10 10 ILCS 5/9-12 from Ch. 46, par. 9-12
11 10 ILCS 5/9-13 from Ch. 46, par. 9-13
12 10 ILCS 5/9-14 from Ch. 46, par. 9-14
13 10 ILCS 5/9-17 from Ch. 46, par. 9-17
14 10 ILCS 5/9-23 from Ch. 46, par. 9-23