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90_HB0729eng
10 ILCS 5/9-3 from Ch. 46, par. 9-3
10 ILCS 5/9-4 from Ch. 46, par. 9-4
10 ILCS 5/9-5 from Ch. 46, par. 9-5
10 ILCS 5/9-6.5 new
10 ILCS 5/9-11 from Ch. 46, par. 9-11
10 ILCS 5/9-12 from Ch. 46, par. 9-12
10 ILCS 5/9-13 from Ch. 46, par. 9-13
10 ILCS 5/9-14 from Ch. 46, par. 9-14
10 ILCS 5/9-21 from Ch. 46, par. 9-21
Amends the Election Code. Provides that a political
committee shall file a statement of organization within 10
business days (now 30 days). Deletes requirement that the
statement of organization contain a statement of whether the
committee is a continuing one. Requires a political
committee that dissolves to submit a final report to the
State Board of Elections regarding the disposition of its
funds and assets (now funds). Requires an individual who
makes a contribution to a political committee during the
specified reporting period in excess of $150 to identify his
or her occupation and employer. Deletes the requirement that
the scope, area of activity, party affiliation, and purpose
of the political committee be included in reports of campaign
contributions. Requires the State Board of Elections to
render a final decision on a complaint within 60 days (now 42
days if the complaint is directed to an elected public
official or 21 days if the complaint is directed to a
candidate) of receiving a complaint except when the complaint
is filed during the 60 days before an election. Makes other
changes. Effective January 1, 1998.
LRB9000666MWpc
HB0729 Engrossed LRB9000666MWpc
1 AN ACT to amend the Election Code by changing Sections
2 9-3, 9-4, 9-5, 9-11, 9-12, 9-13, 9-14, and 9-21.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 9-3, 9-4, 9-5, 9-11, 9-12, 9-13, 9-14, and 9-21 as
7 follows:
8 (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
9 Sec. 9-3. Every state political committee and every
10 local political committee shall file with the State Board of
11 Elections, and every local political committee shall file
12 with the county clerk, a statement of organization within 10
13 business 30 days of the creation of such committee, except
14 any political committee created within the 30 days before an
15 election shall file a statement of organization within 5
16 business days. A political committee that acts as both a
17 state political committee and a local political committee
18 shall file a copy of each statement of organization with the
19 State Board of Elections and the county clerk.
20 The statement of organization shall include -
21 (a) the name and address of the political committee;
22 (b) the scope, area of activity, party affiliation,
23 candidate affiliation and his county of residence, and
24 purposes of the political committee;
25 (c) the name, address, and position of each custodian of
26 the committee's books and accounts;
27 (d) the name, address, and position of the committee's
28 principal officers, including the chairman, treasurer, and
29 officers and members of its finance committee, if any;
30 (e) (Blank); a statement whether the committee is a
31 continuing one;
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1 (f) a statement of what specific disposition of residual
2 fund will be made in the event of the dissolution or
3 termination of the committee;
4 (g) a listing of all banks or other financial
5 institutions, safety deposit boxes, and any other
6 repositories or custodians of funds used by the committee;
7 (h) the amount of funds available for campaign
8 expenditures as of the filing date of the committee's
9 statement of organization.
10 (Source: P.A. 86-873.)
11 (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
12 Sec. 9-4. The statement of organization required by this
13 Article to be filed in accordance with Section 9-3 shall be
14 verified, dated, and signed by either the treasurer of the
15 political committee making the statement or the candidate on
16 whose behalf the statement is made, and shall contain
17 substantially the following:
18 STATEMENT OF ORGANIZATION
19 (a) name and address of the political committee:
20 .............................................................
21 (b) scope, area of activity, party affiliation,
22 candidate affiliation and his county of residence, and
23 purposes of the political committee:
24 .............................................................
25 .............................................................
26 .............................................................
27 .............................................................
28 (c) name, address, and position of each custodian of the
29 committee's books and accounts:
30 .............................................................
31 .............................................................
32 (d) name, address, and position of the committee's
33 principal officers, including the chairman, treasurer, and
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1 officers and members of its finance committee, if any:
2 .............................................................
3 .............................................................
4 .............................................................
5 (e) a statement whether the committee is a continuing
6 one:
7 .............................................................
8 (e) (f) a statement of what specific disposition of
9 residual funds will be made in the event of the dissolution
10 or termination of the committee:
11 .............................................................
12 .............................................................
13 (f) (g) a listing of all banks or other financial
14 institutions, safety deposit boxes, and any other
15 repositories or custodians of funds used by the committee:
16 .............................................................
17 .............................................................
18 (g) (h) the amount of funds available for campaign
19 expenditures as of the filing date of the committee's
20 statement of organization:
21 .............................................................
22 VERIFICATION:
23 "I declare that this statement of organization (including
24 any accompanying schedules and statements) has been examined
25 by me and to the best of my knowledge and belief is a true,
26 correct and complete statement of organization as required by
27 Article 9 of The Election Code. I understand that the penalty
28 for willfully filing a false or incomplete statement shall be
29 a fine not to exceed $500 or imprisonment in a penal
30 institution other than the penitentiary not to exceed 6
31 months, or both fine and imprisonment."
32 ................ ..........................................
33 (date of filing) (signature of person making the statement)
34 (Source: P.A. 86-873.)
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1 (10 ILCS 5/9-5) (from Ch. 46, par. 9-5)
2 Sec. 9-5. Any change in information previously
3 submitted in a statement of organization except for
4 information submitted under Section 9-3 (h) shall be
5 reported, as required of statements of organization by
6 Section 9-3 of this Article, within 10 days following such
7 change.
8 Any political committee which, after having filed a
9 statement of organization, dissolves as a political committee
10 or determines that it will no longer receive any campaign
11 contributions nor make any campaign expenditures shall notify
12 the Board, or the Board and the county clerk, as required of
13 statements of organization by Section 9-3 of this Article, of
14 that fact and file with the Board, or the Board and the
15 county clerk, as required of statements of organization by
16 Section 9-3 of this Article, a final report with respect to
17 its contributions and expenditures, including the final
18 disposition of its funds and assets.
19 In the event that a political committee dissolves, all
20 contributions in its possession, after payment of the
21 committee's outstanding liabilities, including staff
22 salaries, shall be refunded to the contributors in amounts
23 not exceeding their individual contributions, or transferred
24 to other political or charitable organizations consistent
25 with the positions of the committee or the candidates it
26 represented. In no case shall these funds be used for the
27 personal aggrandizement of any committee member or campaign
28 worker.
29 (Source: P.A. 86-873.)
30 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
31 Sec. 9-11. Each report of campaign contributions under
32 Section 9-10 shall disclose-
33 (1) the name and address of the political committee;
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1 (2) (Blank); the scope, area of activity, party
2 affiliation, candidate affiliation, and purposes of the
3 political committee;
4 (3) the amount of funds on hand at the beginning of the
5 reporting period;
6 (4) the full name and mailing address of each person who
7 has made one or more contributions to or for such committee
8 within the reporting period in an aggregate amount or value
9 in excess of $150, together with the amount and date of such
10 contributions;
11 (5) the total sum of individual contributions made to or
12 for such committee during the reporting period and not
13 reported under item (4);
14 (6) the name and address of each political committee
15 from which the reporting committee received, or to which that
16 committee made, any transfer of funds, in any aggregate
17 amount or value in excess of $150, together with the amounts
18 and dates of all transfers;
19 (7) the total sum of transfers made to or from such
20 committee during the reporting period and not reported under
21 item (6);
22 (8) each loan to or from any person within the reporting
23 period by or to such committee in an aggregate amount or
24 value in excess of $150, together with the full names and
25 mailing addresses of the lender and endorsers, if any, and
26 the date and amount of such loans;
27 (9) the total amount of proceeds received by such
28 committee from (a) the sale of tickets for each dinner,
29 luncheon, cocktail party, rally, and other fund-raising
30 events; (b) mass collections made at such events; and (c)
31 sales of items such as political campaign pins, buttons,
32 badges, flags, emblems, hats, banners, literature, and
33 similar materials;
34 (10) each contribution, rebate, refund, or other receipt
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1 in excess of $150 received by such committee not otherwise
2 listed under items (4) through (9);
3 (11) the total sum of all receipts by or for such
4 committee or candidate during the reporting period.
5 The reports of campaign contributions filed under this
6 Article shall be cumulative during the reporting period to
7 which they relate, but where there has been no change in an
8 item reported in a previous report during such year, only the
9 amount need be carried forward.
10 (Source: P.A. 86-873.)
11 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
12 Sec. 9-12. Each report of campaign contributions
13 required by Section 9-10 of this Article to be filed with the
14 Board or the Board and the county clerk shall be verified,
15 dated, and signed by either the treasurer of the political
16 committee making the report or the candidate on whose behalf
17 the report is made, and shall contain substantially the
18 following:
19 REPORT OF CAMPAIGN CONTRIBUTIONS
20 (1) name and address of the political committee:
21 .............................................................
22 (2) scope, area of activity, party affiliation, candidate
23 affiliation, and purposes of the political committee:
24 .............................................................
25 .............................................................
26 .............................................................
27 .............................................................
28 (3) the date of the beginning of the reporting period, and
29 the amount of funds on hand at the beginning of the reporting
30 period:
31 .............................................................
32 (3) (4) the full name and mailing address of each person who
33 has made one or more contributions to or for the committee
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1 within the reporting period in an aggregate amount or value
2 in excess of $150, together with the amount and date of such
3 contributions:
4 name address amount date
5 .......... .......... .......... ..........
6 .......... .......... .......... ..........
7 .......... .......... .......... ..........
8 .......... .......... .......... ..........
9 .......... .......... .......... ..........
10 (4) (5) the total sum of individual contributions made to or
11 for the committee during the reporting period and not
12 reported under item (3) (4) -
13 .............................................................
14 (5) (6) the name and address of each political committee
15 from which the reporting committee received, or to which that
16 committee made, any transfer of funds, in an aggregate amount
17 or value in excess of $150, together with the amounts and
18 dates of all transfers:
19 name address amount date
20 .......... .......... .......... ..........
21 .......... .......... .......... ..........
22 .......... .......... .......... ..........
23 (6) (7) the total sum of transfers made to or from such
24 committee during the reporting period and not under item (5)
25 (6):
26 .............................................................
27 (7) (8) each loan to or from any person within the reporting
28 period by or to the committee in an aggregate amount or value
29 in excess of $150, together with the full names and mailing
30 addresses of the lender and endorsers, if any, and the date
31 and amount of such loans:
32 (8) (9) the total amount of proceeds received by the
33 committee from (a) the sale of tickets for each dinner,
34 luncheon, cocktail party, rally, and other fund-raising
HB0729 Engrossed -8- LRB9000666MWpc
1 events; (b) mass collections made at such events; and (c)
2 sales of items such as political campaign pins, buttons,
3 badges, flags, emblems, hats, banners, literature, and
4 similar materials:
5 (a)..........................................................
6 (b)..........................................................
7 (c)..........................................................
8 (9) (10) each contribution, rebate, refund, or other receipt
9 in excess of $150 received by the committee not otherwise
10 listed under items (3) (4) through (8) (9):
11 name address amount date
12 .......... .......... .......... ..........
13 .......... .......... .......... ..........
14 (10) (11) the total sum of all receipts by or for the
15 committee during the reporting period:
16 .............................................................
17 VERIFICATION:
18 "I declare that this report of campaign contributions
19 (including any accompanying schedules and statements) has
20 been examined by me and to the best of my knowledge and
21 belief is a true, correct and complete report as required by
22 Article 9 of The Election Code. I understand that the penalty
23 for willfully filing a false or incomplete statement shall be
24 a fine not to exceed $500 or imprisonment in a penal
25 institution other than the penitentiary not to exceed 6
26 months, or both fine and imprisonment."
27 .............................................................
28 (date of filing) (signature of person making the report)
29 (Source: P.A. 86-873.)
30 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
31 Sec. 9-13. Each semi-annual report of campaign
32 contributions and expenditures under Section 9-10 shall
33 disclose-
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1 (1) the name and address of the political committee;
2 (2) (Blank); the scope, area of activity, party
3 affiliation, candidate affiliation, and purposes of the
4 political committee;
5 (3) the amount of funds on hand at the beginning of the
6 reporting period;
7 (4) the full name and mailing address of each person who
8 has made one or more contributions to or for such committee
9 within the reporting period in an aggregate amount or value
10 in excess of $150, together with the amount and date of such
11 contributions;
12 (5) the total sum of individual contributions made to or
13 for such committee during the reporting period and not
14 reported under item (4);
15 (6) the name and address of each political committee
16 from which the reporting committee received, or to which that
17 committee made, any transfer of funds, in the aggregate
18 amount or value in excess of $150, together with the amounts
19 and dates of all transfers;
20 (7) the total sum of transfers made to or from such
21 committee during the reporting period and not reported under
22 item (6);
23 (8) each loan to or from any person within the reporting
24 period by or to such committee in an aggregate amount or
25 value in excess of $150, together with the full names and
26 mailing addresses of the lender and endorsers, if any, and
27 the date and amount of such loans;
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 $150 received by such committee not otherwise
3 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 $150, the amount, date, and purpose of
10 each such expenditure and the question of public policy or
11 the name and address of, and office sought by, each candidate
12 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 $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 (3) (4) the full name and mailing address of each person who
14 has made one or more contributions to or for the committee
15 within the reporting period in an aggregate amount or value
16 in excess of $150, together with the amount and date of such
17 contributions:
18 name address amount date
19 .......... .......... .......... ..........
20 .......... .......... .......... ..........
21 .......... .......... .......... ..........
22 .......... .......... .......... ..........
23 .......... .......... .......... ..........
24 (4) (5) the total sum of individual contributions made to or
25 for the committee during the reporting period and not
26 reported under item--(3) (4):
27 .............................................................
28 (5) (6) the name and address of each political committee
29 from which the reporting committee received, or to which that
30 committee made, any transfer of funds, in an aggregate amount
31 or value in excess of $150, together with the amounts and
32 dates of all transfers:
33 name address amount date
34 .......... .......... .......... ..........
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1 .......... .......... .......... ..........
2 .......... .......... .......... ..........
3 (6) (7) the total sum of transfers made to or from such
4 committee during the reporting period and not reported under
5 item (5) (6);
6 (7) (8) each loan to or from any person within the reporting
7 period by or to the committee in an aggregate amount or value
8 in excess of $150, together with the full names and mailing
9 addresses of the lender and endorsers, if any, and the date
10 and amount of such loans:
11 name address amount date endorsers
12 .......... .......... ........ ........ ..........
13 .......... .......... ........ ........ ..........
14 .......... .......... ........ ........ ..........
15 (8) (9) the total amount of proceeds received by the
16 committee from (a) the sale of tickets for each dinner,
17 luncheon, cocktail party, rally, and other fund-raising
18 events; (b) mass collections made at such events; and (c)
19 sales of items such as political campaign pins, buttons,
20 badges, flags, emblems, hats, banners, literature, and
21 similar materials:
22 (a)..........................................................
23 (b)..........................................................
24 (c)..........................................................
25 (9) (10) each contribution, rebate, refund, or other receipt
26 in excess of $150 received by the committee not otherwise
27 listed under items (3) (4) through (8) (9):
28 name address amount date
29 .......... .......... .......... ..........
30 .......... .......... .......... ..........
31 (10) (11) the total sum of all receipts by or for the
32 committee during the reporting period:
33 .............................................................
34 (11) (12) the full name and mailing address of each person
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1 to whom expenditures have been made by the committee within
2 the reporting period in an aggregate amount or value in
3 excess of $150, the amount, date, and purpose of each such
4 expenditure, and the question of public policy or the name
5 and address of, and office sought by, each candidate on whose
6 behalf the expenditure was made:
7 name address amount date purpose beneficiary
8 .......... ....... ...... .... ....... ...........
9 .......... ....... ...... .... ....... ...........
10 .......... ....... ...... .... ....... ...........
11 .......... ....... ...... .... ....... ...........
12 .......... ....... ...... .... ....... ...........
13 (12) (13) the full name and mailing address of each person
14 to whom an expenditure for personal services, salaries, and
15 reimbursed expenses in excess of $150 has been made, and
16 which is not otherwise reported, including the amount, date,
17 and purpose of such expenditure:
18 name address amount date purpose
19 .......... .......... ........ ........ ..........
20 .......... .......... ........ ........ ..........
21 .......... .......... ........ ........ ..........
22 (13) (14) the total sum of expenditures made by the
23 committee during the reporting period;
24 .............................................................
25 (14) (15) the full name and mailing address of each person
26 to whom the committee owes debts or obligations in excess of
27 $150, and the amount of such debts or obligations:
28 .............................................................
29 .............................................................
30 VERIFICATION:
31 "I declare that this semi-annual report of campaign
32 contributions and expenditures (including any accompanying
33 schedules and statements) has been examined by me and to the
34 best of my knowledge and belief is a true, correct and
HB0729 Engrossed -14- LRB9000666MWpc
1 complete report as required by Article 9 of The Election
2 Code. I understand that the penalty for willfully filing a
3 false or incomplete report shall be a fine not to exceed $500
4 or imprisonment in a penal institution other than the
5 penitentiary not to exceed 6 months, or both fine and
6 imprisonment."
7 ................ .......................................
8 (date of filing) (signature of person making the report)
9 (Source: P.A. 86-873.)
10 (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
11 Sec. 9-21. Upon receipt of such complaint, the Board
12 shall hold a closed preliminary hearing to determine whether
13 or not the complaint appears to have been filed on
14 justifiable grounds. Such closed preliminary hearing shall be
15 conducted as soon as practicable after affording reasonable
16 notice, a copy of the complaint, and an opportunity to
17 testify at such hearing to both the person making the
18 complaint and the person against whom the complaint is
19 directed. If the Board determines that the complaint has not
20 been filed on justifiable grounds, it shall dismiss the
21 complaint without further hearing.
22 Whenever in the judgment of the Board, after affording
23 due notice and an opportunity for a public hearing, any
24 person has engaged or is about to engage in an act or
25 practice which constitutes or will constitute a violation of
26 any provision of this Article or any regulation or order
27 issued thereunder, the Board shall issue an order directing
28 such person to take such action as the Board determines may
29 be necessary in the public interest to correct the violation.
30 In addition, if the act or practice engaged in consists of
31 the failure to file any required report within the time
32 prescribed by this Article, the Board, as part of its order,
33 shall further provide that if, within the 12-month period
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1 following the issuance of the order, such person fails to
2 file within the time prescribed by this Article any
3 subsequent report as may be required, such person may be
4 subject to a civil penalty pursuant to Section 9-23. If the
5 complaint is directed to an elected public official or to the
6 chairman or treasurer of his political committee during a
7 year in which that official is not a candidate seeking
8 nomination for, election to or retention in the same or
9 another office, the Board shall render its final judgment
10 within 42 days of the date the complaint is filed. If the
11 complaint is directed to a candidate seeking nomination for,
12 election to or retention in public office or to the chairman
13 or treasurer of his political committee, The Board shall
14 render its final judgment within 60 21 days of the date the
15 complaint is filed; except that during the 60 days preceding
16 the date of the election in reference to which the complaint
17 is filed, the Board shall render its final judgment within 7
18 days of the date the complaint is filed, and during the 7
19 days preceding such election, the Board shall render such
20 judgment before the date of such election, if possible.
21 At any time prior to the issuance of the Board's final
22 judgment, the parties may dispose of the complaint by a
23 written stipulation, agreed settlement or consent order. Any
24 such stipulation, settlement or order shall, however, be
25 submitted in writing to the Board and shall become effective
26 only if approved by the Board. If the act or practice
27 complained of consists of the failure to file any required
28 report within the time prescribed by this Article, such
29 stipulation, settlement or order may provide that if, within
30 the 12-month period following the approval of such
31 stipulation, agreement or order, the person complained of
32 fails to file within the time prescribed by this Article any
33 subsequent reports as may be required, such person may be
34 subject to a civil penalty pursuant to Section 9-23.
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1 Any person filing a complaint pursuant to Section 9-20
2 may, upon written notice to the other parties and to the
3 Board, voluntarily withdraw the complaint at any time prior
4 to the issuance of the Board's final determination.
5 (Source: P.A. 83-1362.)
6 Section 99. Effective date. This Act takes effect on
7 January 1, 1998.