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90_SB1107
10 ILCS 5/9-10 from Ch. 46, par. 9-10
10 ILCS 5/9-23 from Ch. 46, par. 9-23
Amends the Election Code to provide that the Board shall
assess a civil penalty if a political committee fails to
report within 2 days a contribution of $500 or more received
during the 30 day period before the election. Such civil
penalty shall not exceed $5000. Increases the maximum amount
to $5,000 (now $1,000) which the Board may impose for
violations of this Article.
SRS90S0042PMsa
SRS90S0042PMsa
1 AN ACT to amend the Election Code by changing Section
2 9-10 and 9-23.
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 9-10 and 9-23 as follows:
7 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
8 Sec. 9-10. Reports of campaign contributions;
9 semi-annual reports; preservation.
10 (a) The treasurer of every state political committee and
11 the treasurer of every local political committee shall file
12 with the Board, and the treasurer of every local political
13 committee shall file with the county clerk, reports of
14 campaign contributions, and semi-annual reports of campaign
15 contributions and expenditures on forms to be prescribed or
16 approved by the Board. The treasurer of every political
17 committee that acts as both a state political committee and a
18 local political committee shall file a copy of each report
19 with the State Board of Elections and the county clerk.
20 (b) Reports of campaign contributions shall be filed no
21 later than the 15th day next preceding each election
22 including a primary election in connection with which the
23 political committee has accepted or is accepting
24 contributions or has made or is making expenditures. Such
25 reports shall be complete as of the 30th day next preceding
26 each election including a primary election, except that any
27 contribution of $500 or more received in the interim between
28 the last date of the period covered by the last report filed
29 prior to the election and the date of the election shall be
30 reported within 2 business days after its receipt. The Board
31 shall assess a civil penalty not to exceed $5,000 for a
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1 violation of this subsection (b). However, a continuing
2 political committee that neither accepts contributions nor
3 makes expenditures on behalf of or in opposition to any
4 candidate or public question on the ballot at an election
5 shall not be required to file the reports heretofore
6 prescribed but may file in lieu thereof a Statement of
7 Nonparticipation in the Election with the Board or the Board
8 and the county clerk.
9 c) In addition to such reports the treasurer of every
10 political committee shall file semi-annual reports of
11 campaign contributions and expenditures no later than July
12 31st, covering the period from January 1st through June 30th
13 immediately preceding, and no later than January 31st,
14 covering the period from July 1st through December 31st of
15 the preceding calendar year. Reports of contributions and
16 expenditures must be filed to cover the prescribed time
17 periods even though no contributions or expenditures may have
18 been received or made during the period. The Board shall
19 assess a civil penalty not to exceed $5,000 for a violation
20 of this subsection (c).
21 (d) A copy of each report or statement filed under this
22 Article shall be preserved by the person filing it for a
23 period of two years from the date of filing.
24 (Source: P.A. 86-873.)
25 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
26 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
27 has issued an order, or has approved a written stipulation,
28 agreed settlement or consent order, directing a person
29 determined by the Board to be in violation of any provision
30 of this Article or any regulation adopted thereunder, to
31 cease or correct such violation or otherwise comply with this
32 Article and such person fails or refuses to comply with such
33 order, stipulation, settlement or consent order within the
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1 time specified by the Board, the Board, after affording
2 notice and an opportunity for a public hearing, may impose a
3 civil penalty on such person in an amount not to exceed
4 $5,000 $1,000.
5 Civil penalties imposed on any such person by the Board
6 shall be enforceable in the Circuit Court. The Board shall
7 petition the Court for an order to enforce collection of the
8 penalty and, if the Court finds it has jurisdiction over the
9 person against whom the penalty was imposed, the Court shall
10 issue the appropriate order. Any civil penalties collected
11 by the Court shall be forwarded to the State Treasurer.
12 In addition to or in lieu of the imposition of a civil
13 penalty, the board may report such violation and the failure
14 or refusal to comply with the order of the Board to the
15 Attorney General and the appropriate State's Attorney.
16 (Source: P.A. 83-540.)