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90_HB2323ham001
LRB9006921JMdvam01
1 AMENDMENT TO HOUSE BILL 2323
2 AMENDMENT NO. . Amend House Bill 2323 on page 1, by
3 replacing lines 4 through 25 with the following:
4 "Section 5. The Election Code is amended by changing
5 Sections 9-1.4, 9-1.5, 9-10, 9-11, 9-12, 9-13, 9-14, 9-23,
6 9-26, and 9-28 and adding Sections 9-7.5, 9-8.10, 9-8.15,
7 9-25.2, 9-25.3, 9-25.5, and 9-27.5 as follows:
8 (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
9 Sec. 9-1.4. "Contribution" means-
10 (1) a gift, subscription, donation, dues, loan, advance,
11 or deposit of money or anything of value, knowingly received
12 in connection with the nomination for election, or election,
13 of any person to public office, in connection with the
14 election of any person as ward or township committeeman in
15 counties of 3,000,000 or more population, or in connection
16 with any question of public policy;
17 (2) 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, or election, of any person to public office, in
21 connection with the election of any person as ward or
22 township committeeman in counties of 3,000,000 or more
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1 population, or in connection with any question of public
2 policy;
3 (3) a transfer of funds between political committees;
4 and
5 (4) the services of an employee donated by an employer,
6 in which case the contribution shall be listed in the name of
7 the employer, except that any individual services provided
8 voluntarily and without promise or expectation of
9 compensation from any source shall not be deemed a
10 contribution; but
11 (5) does not include--
12 (a) the use of real or personal property and the
13 cost of invitations, food, and beverages, voluntarily
14 provided by an individual in rendering voluntary personal
15 services on the individual's residential premises for
16 candidate-related activities; provided the value of the
17 service provided does not exceed an aggregate of $25 $150
18 in a reporting period;
19 (b) the sale of any food or beverage by a vendor
20 for use in a candidate's campaign at a charge less than
21 the normal comparable charge, if such charge for use in a
22 candidate's campaign is at least equal to the cost of
23 such food or beverage to the vendor.
24 (Source: P.A. 89-405, eff. 11-8-95.)
25 (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
26 Sec. 9-1.5. "Expenditure" means-
27 (1) a payment, distribution, purchase, loan, advance,
28 deposit, or gift of money or anything of value, in connection
29 with the nomination for election, or election, of any person
30 to public office, in connection with the election of any
31 person as ward or township committeeman in counties of
32 3,000,000 or more population, or in connection with any
33 question of public policy. However, expenditure does not
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1 include -
2 (a) the use of real or personal property and the
3 cost of invitations, food, and beverages, voluntarily
4 provided by an individual in rendering voluntary personal
5 services on the individual's residential premises for
6 candidate-related activities; provided the value of the
7 service provided does not exceed an aggregate of $25 $150
8 in a reporting period;
9 (b) the sale of any food or beverage by a vendor
10 for use in a candidate's campaign at a charge less than
11 the normal comparable charge, if such charge for use in a
12 candidate's campaign is at least equal to the cost of
13 such food or beverage to the vendor.
14 (2) a transfer of funds between political committees.
15 (Source: P.A. 89-405, eff. 11-8-95.)"; and
16 by deleting line 11 on page 2 through line 9 on page 3; and
17 by replacing line 15 on page 6 through line 23 on page 15
18 with the following:
19 "(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
20 Sec. 9-10. Reports of campaign contributions;
21 semi-annual reports; preservation.
22 (a) The treasurer of every state political committee and
23 the treasurer of every local political committee shall file
24 with the Board, and the treasurer of every local political
25 committee shall file with the county clerk, reports of
26 campaign contributions, and semi-annual reports of campaign
27 contributions and expenditures on forms to be prescribed or
28 approved by the Board. The treasurer of every political
29 committee that acts as both a state political committee and a
30 local political committee shall file a copy of each report
31 with the State Board of Elections and the county clerk.
32 (b) Reports of campaign contributions shall be filed no
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1 later than the 15th day next preceding each election
2 including a primary election in connection with which the
3 political committee has accepted or is accepting
4 contributions or has made or is making expenditures. Such
5 reports shall be complete as of the 30th day next preceding
6 each election including a primary election, except that any
7 contribution of $500 or more received in the interim between
8 the last date of the period covered by the last report filed
9 prior to the election and the date of the election shall be
10 reported within 2 business days after its receipt. The Board
11 shall assess a civil penalty not to exceed $5,000 for a
12 violation of this subsection (b). However, a continuing
13 political committee that neither accepts contributions nor
14 makes expenditures on behalf of or in opposition to any
15 candidate or public question on the ballot at an election
16 shall not be required to file the reports heretofore
17 prescribed but may file in lieu thereof a Statement of
18 Nonparticipation in the Election with the Board or the Board
19 and the county clerk.
20 (c) In addition to such reports the treasurer of every
21 political committee shall file semi-annual reports of
22 campaign contributions and expenditures no later than July
23 31st, covering the period from January 1st through June 30th
24 immediately preceding, and no later than January 31st,
25 covering the period from July 1st through December 31st of
26 the preceding calendar year. Reports of contributions and
27 expenditures must be filed to cover the prescribed time
28 periods even though no contributions or expenditures may have
29 been received or made during the period. The Board shall
30 assess a civil penalty not to exceed $5,000 for a violation
31 of this subsection (c).
32 (d) A copy of each report or statement filed under this
33 Article shall be preserved by the person filing it for a
34 period of two years from the date of filing.
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1 (Source: P.A. 86-873.)
2 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
3 Sec. 9-11. Each report of campaign contributions under
4 Section 9-10 shall disclose-
5 (1) the name and address of the political committee;
6 (2) (Blank);
7 (3) the amount of funds on hand at the beginning of the
8 reporting period;
9 (4) the full name and mailing address of each person who
10 has made one or more contributions to or for such committee
11 within the reporting period in an aggregate amount or value
12 in excess of $25 $150, together with the amount and date of
13 such contributions, and if the contributor is an individual,
14 the occupation and employer of the contributor or, if the
15 occupation and employer of the contributor are unknown, a
16 statement that the committee has used best efforts to
17 ascertain this information;
18 (5) the total sum of individual contributions made to or
19 for such committee during the reporting period and not
20 reported under item (4);
21 (6) the name and address of each political committee
22 from which the reporting committee received, or to which that
23 committee made, any transfer of funds, in any aggregate
24 amount or value in excess of $25 $150, together with the
25 amounts and dates of all transfers;
26 (7) the total sum of transfers made to or from such
27 committee during the reporting period and not reported under
28 item (6);
29 (8) each loan to or from any person within the reporting
30 period by or to such committee in an aggregate amount or
31 value in excess of $25 $150, together with the full names and
32 mailing addresses of the lender and endorsers, if any, and
33 the date and amount of such loans, and if a lender or
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1 endorser is an individual, the occupation and employer of
2 that individual;
3 (9) the total amount of proceeds received by such
4 committee from (a) the sale of tickets for each dinner,
5 luncheon, cocktail party, rally, and other fund-raising
6 events; (b) mass collections made at such events; and (c)
7 sales of items such as political campaign pins, buttons,
8 badges, flags, emblems, hats, banners, literature, and
9 similar materials;
10 (10) each contribution, rebate, refund, or other receipt
11 in excess of $25 $150 received by such committee not
12 otherwise listed under items (4) through (9), and if the
13 contributor is an individual, the occupation and employer of
14 the contributor or, if the occupation and employer of the
15 contributor are unknown, a statement that the committee has
16 used best efforts to ascertain this information;
17 (11) the total sum of all receipts by or for such
18 committee or candidate during the reporting period.
19 The Board shall by rule define "best efforts".
20 The reports of campaign contributions filed under this
21 Article shall be cumulative during the reporting period to
22 which they relate.
23 (Source: P.A. 90-495, eff. 1-1-98.)
24 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
25 Sec. 9-12. Each report of campaign contributions
26 required by Section 9-10 of this Article to be filed with the
27 Board or the Board and the county clerk shall be verified,
28 dated, and signed by either the treasurer of the political
29 committee making the report or the candidate on whose behalf
30 the report is made, and shall contain substantially the
31 following:
32 REPORT OF CAMPAIGN CONTRIBUTIONS
33 (1) name and address of the political committee:
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1 .............................................................
2 (2) the date of the beginning of the reporting period, and
3 the amount of funds on hand at the beginning of the reporting
4 period:
5 .............................................................
6 (3) the full name and mailing address of each person who has
7 made one or more contributions to or for the committee within
8 the reporting period in an aggregate amount or value in
9 excess of $25 $150, together with the amount and date of such
10 contributions, and if the person is an individual, the
11 occupation and employer of each contributor or, if the
12 occupation and employer of the contributor are unknown, a
13 statement that the committee has used best efforts to
14 ascertain this information:
15 name address amount date occupation employer
16 .... ....... ...... .... .......... ........
17 .... ....... ...... .... .......... ........
18 .... ....... ...... .... .......... ........
19 .... ....... ...... .... .......... ........
20 .... ....... ...... .... .......... ........
21 (4) the total sum of individual contributions made to or for
22 the committee during the reporting period and not reported
23 under item (3) -
24 .............................................................
25 (5) the name and address of each political committee from
26 which the reporting committee received, or to which that
27 committee made, any transfer of funds, in an aggregate amount
28 or value in excess of $25 $150, together with the amounts and
29 dates of all transfers:
30 name address amount date
31 .......... .......... .......... ..........
32 .......... .......... .......... ..........
33 .......... .......... .......... ..........
34 (6) the total sum of transfers made to or from such
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1 committee during the reporting period and not under item (5):
2 .............................................................
3 (7) each loan to or from any person within the reporting
4 period by or to the committee in an aggregate amount or value
5 in excess of $25 $150, together with the full names and
6 mailing addresses of the lender and endorsers, if any, and
7 the date and amount of such loans, and if the person is an
8 individual, the occupation and employer of each person making
9 the loan:
10 (8) the total amount of proceeds received by the committee
11 from (a) the sale of tickets for each dinner, luncheon,
12 cocktail party, rally, and other fund-raising events; (b)
13 mass collections made at such events; and (c) sales of items
14 such as political campaign pins, buttons, badges, flags,
15 emblems, hats, banners, literature, and similar materials:
16 (a)..........................................................
17 (b)..........................................................
18 (c)..........................................................
19 (9) each contribution, rebate, refund, or other receipt in
20 excess of $25 $150 received by the committee not otherwise
21 listed under items (3) through (8), and if the person is an
22 individual, the occupation and employer of each contributor
23 or, if the occupation and employer of the contributor are
24 unknown, a statement that the committee has used best efforts
25 to ascertain this information:
26 name address amount date occupation employer
27 .... ....... ...... .... .......... ........
28 .... ....... ...... .... .......... ........
29 (10) the total sum of all receipts by or for the committee
30 during the reporting period:
31 .............................................................
32 VERIFICATION:
33 "I declare that this report of campaign contributions
34 (including any accompanying schedules and statements) has
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1 been examined by me and to the best of my knowledge and
2 belief is a true, correct and complete report as required by
3 Article 9 of The Election Code. I understand that the penalty
4 for willfully filing a false or incomplete statement shall be
5 a fine not to exceed $500 or imprisonment in a penal
6 institution other than the penitentiary not to exceed 6
7 months, or both fine and imprisonment."
8 .............................................................
9 (date of filing) (signature of person making the report)
10 (Source: P.A. 90-495, eff. 1-1-98.)
11 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
12 Sec. 9-13. Each semi-annual report of campaign
13 contributions and expenditures under Section 9-10 shall
14 disclose-
15 (1) the name and address of the political committee;
16 (2) (Blank);
17 (3) the amount of funds on hand at the beginning of the
18 reporting period;
19 (4) the full name and mailing address of each person who
20 has made one or more contributions to or for such committee
21 within the reporting period in an aggregate amount or value
22 in excess of $25 $150, together with the amount and date of
23 such contributions, and if the contributor is an individual,
24 the occupation and employer of the contributor or, if the
25 occupation and employer of the contributor are unknown, a
26 statement that the committee has used best efforts to
27 ascertain this information;
28 (5) the total sum of individual contributions made to or
29 for such committee during the reporting period and not
30 reported under item (4);
31 (6) the name and address of each political committee
32 from which the reporting committee received, or to which that
33 committee made, any transfer of funds, in the aggregate
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1 amount or value in excess of $25 $150, together with the
2 amounts and dates of all transfers;
3 (7) the total sum of transfers made to or from such
4 committee during the reporting period and not reported under
5 item (6);
6 (8) each loan to or from any person within the reporting
7 period by or to such committee in an aggregate amount or
8 value in excess of $25 $150, together with the full names and
9 mailing addresses of the lender and endorsers, if any, and
10 the date and amount of such loans and if a lender or endorser
11 is an individual, the occupation and employer of that
12 individual;
13 (9) the total amount of proceeds received by such
14 committee from (a) the sale of tickets for each dinner,
15 luncheon, cocktail party, rally, and other fund-raising
16 events; (b) mass collections made at such events; and (c)
17 sales of items such as political campaign pins, buttons,
18 badges, flags, emblems, hats, banners, literature, and
19 similar materials;
20 (10) each contribution, rebate, refund, or other receipt
21 in excess of $25 $150 received by such committee not
22 otherwise listed under items (4) through (9);
23 (11) the total sum of all receipts by or for such
24 committee or candidate during the reporting period;
25 (12) the full name and mailing address of each person to
26 whom expenditures have been made by such committee or
27 candidate within the reporting period in an aggregate amount
28 or value in excess of $25 $150, the amount, date, and purpose
29 of each such expenditure and the question of public policy or
30 the name and address of, and office sought by, each candidate
31 on whose behalf such expenditure was made;
32 (13) the full name and mailing address of each person to
33 whom an expenditure for personal services, salaries, and
34 reimbursed expenses in excess of $25 $150 has been made, and
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1 which is not otherwise reported, including the amount, date,
2 and purpose of such expenditure;
3 (14) the total sum of expenditures made by such
4 committee during the reporting period;
5 (15) the full name and mailing address of each person to
6 whom the committee owes debts or obligations in excess of $25
7 $150, and the amount of such debts or obligations.
8 The Board shall by rule define "best efforts".
9 (Source: P.A. 90-495, eff. 1-1-98.)
10 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
11 Sec. 9-14. Each semi-annual report of campaign
12 contributions and expenditures required by Section 9-10 of
13 this Article to be filed with the Board or the Board and the
14 county clerk shall be verified, dated, and signed by either
15 the treasurer of the political committee making the report or
16 the candidate on whose behalf the report is made, and shall
17 contain substantially the following:
18 SEMI-ANNUAL REPORT OF CAMPAIGN
19 CONTRIBUTIONS AND EXPENDITURES
20 (1) name and address of the political committee:
21 .............................................................
22 (2) the date of the beginning of the reporting period, and
23 the amount of funds on hand at the beginning of the reporting
24 period;
25 .............................................................
26 (3) the full name and mailing address of each person who has
27 made one or more contributions to or for the committee within
28 the reporting period in an aggregate amount or value in
29 excess of $25 $150, together with the amount and date of such
30 contributions, and if the person is an individual, the
31 occupation and employer of each contributor or, if the
32 occupation and employer of the contributor are unknown, a
33 statement that the committee has used best efforts to
-12- LRB9006921JMdvam01
1 ascertain this information:
2 name address amount date occupation employer
3 .... ....... ...... .... .......... ........
4 .... ....... ...... .... .......... ........
5 .... ....... ...... .... .......... ........
6 .... ....... ...... .... .......... ........
7 .... ....... ...... .... .......... ........
8 (4) the total sum of individual contributions made to or for
9 the committee during the reporting period and not reported
10 under item--(3):
11 .............................................................
12 (5) the name and address of each political committee from
13 which the reporting committee received, or to which that
14 committee made, any transfer of funds, in an aggregate amount
15 or value in excess of $25 $150, together with the amounts and
16 dates of all transfers:
17 name address amount date
18 .......... .......... .......... ..........
19 .......... .......... .......... ..........
20 .......... .......... .......... ..........
21 (6) the total sum of transfers made to or from such
22 committee during the reporting period and not reported under
23 item (5);
24 (7) each loan to or from any person within the reporting
25 period by or to the committee in an aggregate amount or value
26 in excess of $25 $150, together with the full names and
27 mailing addresses of the lender and endorsers, if any, and
28 the date and amount of such loans, and if the person is an
29 individual, the occupation and employer of each person making
30 the loan:
31 name address amount date endorsers occupation employer
32 .... ....... ...... .... ......... .......... ........
33 .... ....... ...... .... ......... .......... ........
34 .... ....... ...... .... ......... .......... ........
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1 (8) the total amount of proceeds received by the committee
2 from (a) the sale of tickets for each dinner, luncheon,
3 cocktail party, rally, and other fund-raising events; (b)
4 mass collections made at such events; and (c) sales of items
5 such as political campaign pins, buttons, badges, flags,
6 emblems, hats, banners, literature, and similar materials:
7 (a)..........................................................
8 (b)..........................................................
9 (c)..........................................................
10 (9) each contribution, rebate, refund, or other receipt in
11 excess of $25 $150 received by the committee not otherwise
12 listed under items (3) through (8):
13 name address amount date
14 .......... .......... .......... ..........
15 .......... .......... .......... ..........
16 (10) the total sum of all receipts by or for the committee
17 during the reporting period:
18 .............................................................
19 (11) the full name and mailing address of each person to
20 whom expenditures have been made by the committee within the
21 reporting period in an aggregate amount or value in excess of
22 $25 $150, the amount, date, and purpose of each such
23 expenditure, and the question of public policy or the name
24 and address of, and office sought by, each candidate on whose
25 behalf the expenditure was made:
26 name address amount date purpose beneficiary
27 .......... ....... ...... .... ....... ...........
28 .......... ....... ...... .... ....... ...........
29 .......... ....... ...... .... ....... ...........
30 .......... ....... ...... .... ....... ...........
31 .......... ....... ...... .... ....... ...........
32 (12) the full name and mailing address of each person to
33 whom an expenditure for personal services, salaries, and
34 reimbursed expenses in excess of $25 $150 has been made, and
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1 which is not otherwise reported, including the amount, date,
2 and purpose of such expenditure:
3 name address amount date purpose
4 .......... .......... ........ ........ ..........
5 .......... .......... ........ ........ ..........
6 .......... .......... ........ ........ ..........
7 (13) the total sum of expenditures made by the committee
8 during the reporting period;
9 .............................................................
10 (14) the full name and mailing address of each person to
11 whom the committee owes debts or obligations in excess of $25
12 $150, and the amount of such debts or obligations:
13 .............................................................
14 .............................................................
15 VERIFICATION:
16 "I declare that this semi-annual report of campaign
17 contributions and expenditures (including any accompanying
18 schedules and statements) has been examined by me and to the
19 best of my knowledge and belief is a true, correct and
20 complete report as required by Article 9 of The Election
21 Code. I understand that the penalty for willfully filing a
22 false or incomplete report shall be a fine not to exceed $500
23 or imprisonment in a penal institution other than the
24 penitentiary not to exceed 6 months, or both fine and
25 imprisonment."
26 ................ .......................................
27 (date of filing) (signature of person making the report)
28 (Source: P.A. 90-495, eff. 1-1-98.)
29 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
30 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
31 has issued an order, or has approved a written stipulation,
32 agreed settlement or consent order, directing a person
33 determined by the Board to be in violation of any provision
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1 of this Article or any regulation adopted thereunder, to
2 cease or correct such violation or otherwise comply with this
3 Article and such person fails or refuses to comply with such
4 order, stipulation, settlement or consent order within the
5 time specified by the Board, the Board, after affording
6 notice and an opportunity for a public hearing, may impose a
7 civil penalty on such person in an amount not to exceed
8 $5,000 $1,000.
9 Civil penalties imposed on any such person by the Board
10 shall be enforceable in the Circuit Court. The Board shall
11 petition the Court for an order to enforce collection of the
12 penalty and, if the Court finds it has jurisdiction over the
13 person against whom the penalty was imposed, the Court shall
14 issue the appropriate order. Any civil penalties collected
15 by the Court shall be forwarded to the State Treasurer.
16 In addition to or in lieu of the imposition of a civil
17 penalty, the board may report such violation and the failure
18 or refusal to comply with the order of the Board to the
19 Attorney General and the appropriate State's Attorney.
20 (Source: P.A. 83-540.)
21 (10 ILCS 5/9-25.2 new)
22 Sec. 9-25.2. Contributions from foreign nationals
23 prohibited. No candidate or political committee shall
24 accept, either directly or indirectly, a contribution made by
25 a foreign national. For purposes of this Section, "foreign
26 national" means (i) an individual who is not a citizen of the
27 United States and who is not lawfully admitted for permanent
28 residence, as defined by Section 101(a)(20) of the
29 Immigration and Nationality Act; (ii) a government of a
30 foreign country or a foreign political party; (iii) a person
31 outside of the United States, unless it is established that
32 the person is an individual and a citizen of and domiciled
33 within the United States, or that the person is not an
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1 individual and is organized under or created by the laws of
2 the United States, this State, any other state, or any other
3 place subject to the jurisdiction of the United States and
4 has its principal place of business within the United States;
5 and (iv) a partnership, association, corporation,
6 organization, or other combination of persons organized under
7 the laws of or having its principal place of business in a
8 foreign country. "Foreign national" does not include any
9 individual who is a citizen of the United States.
10 (10 ILCS 5/9-25.3 new)
11 Sec. 9-25.3. Cash contributions in excess of $25
12 prohibited.
13 (a) No candidate, public official, or political
14 committee may accept cash contributions from a single
15 contributor within any 12-month period in an aggregate amount
16 in excess of $25. For the purposes of this Section, "cash"
17 means the currency and coins of the United States, but does
18 not mean checks, money orders, or other negotiable
19 instruments. Any contribution in excess of $25, other than
20 in-kind contributions, shall be made by negotiable instrument
21 or be evidenced by an itemized credit card receipt bearing on
22 its face the name of the remitter. For purposes of this
23 Section, a cash contribution shall be deemed to have been
24 accepted if it is negotiated or deposited, or if it is not
25 returned to the contributor within 72 hours of receipt.
26 (b) A violation under this Section shall constitute a
27 Class A misdemeanor. In addition to any other penalty, a
28 person convicted under this Section shall be fined 3 times
29 the amount of contributions found to have been accepted in
30 violation of this Section. Any contribution accepted in
31 violation of this Section shall escheat to the State of
32 Illinois."; and
33 on page 16, in line 26, by replacing "optional" with
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1 "mandatory optional".