TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.10 DEFINITIONS
Section 100.10 Definitions
a) General Definitions
"Article 9" means Article 9 of the Election Code (campaign
disclosures, contributions and expenditures).
"Board" means the Illinois State Board of Elections.
"Election Code" or "Code" means 10 ILCS 5.
"File", "Filed" or "Filing" means:
The statement, report or document being filed is in apparent and
substantial conformity with the requirements of the Election Code. Apparent and
substantial conformity requires that the filing contain the following:
The
signature of the person making the filing;
Completion
of all applicable sections of the report; and
Attachment
of all appropriate schedules.
Inadvertent error or omission of a de minimus nature in the completion of
a report, statement or document shall not be deemed to be a "willful
failure to file or a willful filing of false or incomplete information"
under Code Section 9-26.
"Immediate Family" means
the spouse, civil union party, parent, legal guardian or child of the public
official, candidate or any other person referred to in this Part. A parent includes
a stepparent or adoptive parent. A child means a biological, adopted, legal
dependent or stepchild.
"Labor
Union" means any organization of any kind, or any agency or employee
representation committee or plan, in which employees participate and that
exists for the purpose, in whole or in part, of bargaining with employers
concerning grievances, labor disputes, wages, rates of pay, hours of employment
or conditions of work.
"Public Office" means, among other things, an elective office.
The term includes the political party offices of state central, county, ward,
township and precinct committeeman.
"Signature" or "Signed", as used in Article 9 and
this Part, includes electronic signatures attached and made a part of
electronic records submitted to the State Board of Elections pursuant to Code
Section 9-28, as well as electronic signatures permitted under the Uniform
Electronic Transactions Act [815 ILCS 333].
"Submit" or "Submitting", as used in Code Section
9-11, means actually filing a report with the Board through the following
methods:
uploading a report electronically or, if accomplished at a Board office or with the assistance of Board staff, the
committee representative is present and/or authorizing the report filing;
using the U.S. Postal Service, overnight delivery, or any other delivery
service;
e-mailing a report to D2@elections.il.gov or an elections specialist in
the Division of Campaign Disclosure;
hand delivering
a report to the Board; or
faxing a report
to the Board.
With the
exception of the chair or the treasurer, the person submitting the report on
behalf of the committee must list themself as having submitted the report.
b) Definitions Interpreting Specific Sections of the Election
Code
1) Assets
A) Reference: This definition of assets interprets or applies to
Code Sections 9-5 and 9-11.
B) An asset is an item of property, other than cash or services,
of any kind, tangible or intangible, that has either a fair market or salvage
value in excess of $150. For reporting purposes, a loan made by a political
committee that has not been repaid or forgiven shall be considered as an asset
held as an investment.
2) Candidate
A) Reference: This subsection (b)(2) interprets or applies to
Code Section 9-1.3.
B) "Candidate", as that term is defined in Code Section
9-1.3, shall include, but not be limited to:
i) A person who circulates or authorizes the circulation of
nominating petitions on the candidate's behalf for public office;
ii) An individual who receives contributions or makes
expenditures or gives consent for any other person to receive contributions or
make expenditures for the purpose of bringing about the candidate's nomination
for election or re-election to any office;
iii) Any judicial incumbent who qualifies for retention.
3) Contributions and Anything of Value
A) Reference: This subsection (b)(3) interprets or applies Code
Sections 9-1.4, 9-1.5, 9-1.8, 9-1.12, 9-1.14 and 9-1.15.
B) The term "anything of value", as used in Code
Sections 9-1.4, 9‑1.5 and 9-1.12, means any item, thing, service or
goods, regardless of whether valued in monetary terms according to
ascertainable market value.
C) "Anything of value" that does not have an
ascertainable market value may be reported by describing the item, thing,
service or goods contributed; however, nothing in this subsection (b)(3)
relieves a committee or a contributor of the duty to provide as accurate an
assessment of value as possible.
D) Interest, other investment income, earnings or proceeds, and
refunds and returns shall not be reported as a contribution, but shall be
reported as a receipt according to this subsection (b)(3). For purposes of
reporting campaign receipts and expenses, income from investments shall be
included as receipts during the reporting period they are actually received. The
gross purchase price of each investment shall be reported as an expenditure at
time of purchase. Net proceeds from the sale of an investment shall be reported
as a receipt. During the period investments are held, they shall be identified
by name and quantity of security or instrument on each quarterly report during
the period. The value of each instrument as of the day the reporting period
closes shall be included for each asset held as an investment.
E) In addition to the items expressly excluded in the Election
Code, the terms "anything of value" and "contribution"
shall not be deemed to include:
i) Any unreimbursed payments for travel or living expenses
related to travel made by an individual who volunteers services on behalf of a political
committee, including a candidate political committee;
ii) Any news story, commentary, endorsement or editorial of any
broadcasting station, newspaper, magazine or other periodical publication;
iii) Any publication by a membership association or corporation to
its officers, employees, members, stockholders, or members of the immediate
families of these persons, so long as the membership association or corporation
is not organized primarily for the purpose of influencing the nomination for
election, election, or retention of any candidate, or supporting or opposing
any question or questions of public policy;
iv) The occasional use of real property of a person or whoever, as
defined in Code Section 9-1.6, and as defined in Section 100.10(b)(4), for the
purpose of conveying information to officers, employees, members or
stockholders of an association or a corporation, and the immediate families of
these persons, including but not limited to the use of the premises for the
purpose of a candidate communicating directly with officers, employees, members
or stockholders and the immediate families of these persons;
v) Unrealized appreciation or loss of value of investments during
the period they are held.
F) A loan of money from a bank, credit union, or other financial
institution to a candidate or public official, or the candidate's or public
official's political committee, shall not be listed as a contribution from that
institution, but shall instead be listed on the committee's disclosure filings
as a contribution from the person or persons endorsing the loan. Security for a
loan, if provided by a person other than the candidate or the candidate political
committee, does qualify as a contribution and shall be reported as having come
from the person who provided it and shall be subject to contribution limits. A
loan of money from a bank, credit union or other financial institution to a
committee other than a candidate political committee shall not be considered a
contribution from that institution, and shall not be subject to the
contribution limits if the guarantor for the loan is the committee itself or if
the loan agreement is signed by an authorized officer of the committee acting
on the committee's behalf. These loans shall be reported on disclosure filings
by listing the committee as endorser and also listing the financial institution
from which the loan is obtained.
G) Independent expenditures are not contributions, as that term is
defined in Code Section 9-1.4. Independent expenditures are those made for the
purpose of electioneering communication, as that term is defined in Code Section
9-1.14, or that expressly advocates the election, nomination or defeat of a public
official or candidate or for or against any question of public policy to be
submitted to the voters and that is not made in cooperation, concert or
consultation with, or at the request or suggestion of, the public official or
candidate. Communications that expressly advocate the election, nomination or
defeat of a public official or candidate or for or against any question of
public policy to be submitted to the voters are those that unequivocally state
in the communication that the public official or candidate ought to be elected,
nominated or defeated or the question of public policy ought to be approved or
defeated. These communications typically contain the terms "vote for",
"elect" or, in the case of expressly advocating the defeat of a
candidate, "vote against", "vote no", "defeat",
etc.
H) "Clearly identifiable candidate" means the candidate's
name (first name and surname) but does not necessarily have to include the
candidate's middle name or middle initial. A clearly identifiable candidate can
also be one that is described in such a way as to exclude any other candidate
so as to leave no doubt in the mind of the person being communicated to as to
whom the communication is referring. For example: "The Democratic Party's
candidate for Mayor", "Congressman Jones", or "the former
Republican candidate for Congressman who was defeated at the most recent
General Election". A clearly identifiable candidate can also be described
by use of a photograph or other visual image or likeness.
I) A communication by a corporation, a limited liability company,
or an association to its members or stockholders and executive or
administrative personnel, or the immediate families of these persons, is not a
contribution. For purposes of this Part, a corporation is one that is
registered with the Business Services Division of the Illinois Secretary of
State or is similarly registered with any other state in compliance with that
state's laws or that operates as or holds itself out as a corporation so that
it would be required to register with the Illinois Secretary of State,
regardless if it has taken affirmative action to so register. For purposes of
this Part, an association is defined broadly to include any group of persons or
entities that have a common purpose and that have an organizational structure
with an existing membership roster and governing by-laws or other similar
rules. An association includes those that are both for-profit and
not-for-profit (however the entity does not necessarily have to be organized
under the laws of this or any other state) and includes a labor union as that
term is defined in subsection (a).
J) A voter registration campaign or other Get Out The Vote (GOTV)
activity is not deemed to be "anything of value" or a "contribution",
so long as the campaign or activity makes no mention of any clearly identified
candidate, public question, political party, group or combination of these
entities.
4) Person or Whoever
A) Reference: This subsection (b)(4) interprets or applies Code
Section 9-1.6.
B) The terms "other organizations" and "groups of
persons" as defined in Code Section 9-1.6 shall include, but not be
limited to, all corporations, labor unions, trade associations or other such
groups, religious organizations, fraternal societies, luncheon and dinner
organizations, etc.
5) Political Committee
A) Reference: This subsection (b)(5) interprets or applies Code
Sections 9-1.8 and 9-1.9.
B) A person or whoever, as defined in Code Section 9-1.6 and in
subsection (b)(4) of this Section, does not qualify as a political committee
pursuant to Article 9 of the Election Code by simply making a contribution from
that person's personal income or profits, regardless of the amount of the
donations. If an entity, other than a natural person, makes an independent expenditure
or expenditures in aggregate within a 12 month period in excess of $3,000
supporting or opposing public officials or candidates, then the entity
qualifies as a political committee.
C) If a person solicits or receives funds for political purposes
and meets the criteria of one of the committee types listed in subsection
(b)(5)(D) during any 12-month period, that person would become a political
committee and would have to comply with all provisions of Article 9. The
provisions of this subsection (b)(5) shall not apply to those persons who
accept contributions from at least 5 individuals as provided in Code Section
9-6.
D) Political committees shall include candidate political committees,
political party committees, political action committees, ballot initiative
committees, independent expenditure committees and limited activity committees,
as those terms are defined in Code Section 9-1.8. Candidates who form a new
political party under Code Section 10-2 may collectively form a political party
committee to support their candidacy or each candidate may individually form a candidate
political committee. Groups of candidates may collectively form a political
action committee to support their candidacies, or each candidate may
individually form a candidate political committee. In no case may a candidate
form both a candidate political committee and a political action committee to
support the candidate's own candidacy. Candidates who exercise the option of
forming a political action committee may not include the names of any of the
candidates in the name of the political action committee. A political action
committee must, however, include the name of the office that the candidates are
seeking and the name of the political subdivision or unit of local government
to which the office pertains. In all cases except political party committees,
political committees are limited to those that accept contributions or make
expenditures or independent expenditures in an aggregate amount exceeding $5,000
on behalf of or in opposition to candidates, or, in the case of a ballot
initiative committee, in support of or opposition to questions of public
policy.
i) Political Party Committees referred to in Code Section 9‑1.8(c)
include "legislative caucus committees" and are defined as caucuses that
are established by either 5 or more members of the same caucus in the Senate or
10 or more members of the same caucus in the House of Representatives. These
committees shall include any caucus declared by its membership to be a caucus.
If the number of caucus members of a given caucus committee decreases below the
designated threshold (5 Senate/10 House members), the caucus committee shall
become a political action committee, as that term is defined in Code Section
9-1.8, and be subject to the contribution limits pertaining to political action
committees established in Code Section 9-8.5(d), unless the caucus committee
either fills the vacancy or dissolves within 5 business days after the date the
vacancy occurred.
ii) A
committee formed by a ward or township committeeman of a political party shall
be designated as a political party committee. Pursuant to Code Section 7-8(b),
only ward committeemen in the City of Chicago and township committeemen in Cook
County qualify for this designation. Nothing in this subsection (b)(5)(D)(ii)
shall be construed to limit the ability of a ward or township committeeman to form
a candidate political committee in support of their own candidacy.
iii) For
purposes of Code Section 9-1.9, a judicial candidate running for retention
subsequent to their first retention candidacy following the candidate's
election shall be subject to the election cycle established in Code Section 9‑1.9(3),
except that the period shall begin on January 1 following the candidate's
retention (as opposed to their election) and extending to the day the candidate
files their next declaration to seek retention and the period beginning after that
day and extending to December 31 following the candidate's retention election. This
judicial retention election cycle is subject to the fundraising restrictions
contained in Canon 7 of Rule 67 of the Rules of the Illinois Supreme Court (committees
established to support judicial candidates may not solicit contributions more
than 1 year preceding the election in which the candidate is seeking judicial
office or retention, and no later than 90 days following the election).
iv) Any
corporation, labor organization or association that acts as a conduit in
facilitating the delivery of dues, levies or similar assessments to a political
action committee as provided in Code Section 9-8.5(i) shall not, solely as a
result of this activity, be considered to be a political action committee
within the meaning of the disclosure and regulation requirements of Article 9
of the Code.
v) These
election cycles apply regardless of whether the candidate only appears on
either the consolidated primary ballot or the consolidated election ballot. For
purposes of Code Section 9-1.9(4), the election cycle for a candidate political
committee organized to support a candidate to be nominated or elected at a
consolidated primary election or elected at a consolidated election, or
municipal or runoff election in cities of 1,000,000 or more population
occurring on the date of the regularly scheduled consolidated primary or consolidated
election, shall run from:
• the
period beginning July 1 following the consolidated election for which the
candidate seeks election and ending on the day of the next consolidated primary
election for that office; or
• the
period beginning the day after the consolidated primary election for the office
to which the candidate seeks nomination or election and through June 30
following the consolidated election held that year.
vi) If a
candidate political committee established for multiple offices elected at
different elections changes its election cycle pursuant to Code Section 9-2(b),
the committee shall be subject to the new election cycle established under Code
Section 9-1.9 and to the contribution limits for the new election cycle
contained in Code Section 9-8.5(b). Contributions received by the committee
prior to the date of the establishment of the new election cycle will be
counted towards the contribution limit for each contributor, with the following
exception: the contributions shall not be considered to have been received in
excess of contribution limits if the limit was exceeded solely because of the
establishment of the new election cycle. However, for the remainder of the new
election cycle, the committee would be considered to have received the maximum
allowable contribution from that contributor for that election cycle and would
be prohibited from receiving any additional contributions from that contributor
during the remainder of the new election cycle.
vii) The
election cycles for a limited activity committee are identical to those for the
candidate political committee from which the limited activity committee was
converted under Code Section 9-3.5, based on the office most recently sought by
the candidate.
E) If an entity forming a political action committee under Code Section
9-2(d) is not a clearly identifiable trust, partnership, committee,
association, corporation or other organization, but rather a group of persons
lacking any formal organizational structure, the name of the political
committee shall include the name (first and last) of the person or persons
responsible for its formation or its continuing operation. This Section shall
not apply to established party candidates who collectively form a political
action committee to support their candidacies pursuant to subsection (b)(5)(D).
F) The name of a ballot initiative committee must include a brief
description of the question or questions and whether the committee is organized
to support or oppose the question or questions. The name shall not exceed 70
characters (based on U.S. Post Office restrictions applicable to mailing labels)
and shall include keywords that would provide a reasonable person with a
general understanding of the subject matter of the question or questions and
whether the committee was formed to support or oppose the question or
questions.
G) A candidate political committee of a former officeholder or
supporting a now deceased candidate or officeholder may, subject to the
applicable contribution limits, maintain the committee as a candidate political
committee, close the committee and dispose of any remaining funds as indicated
on its D-1 Statement of Organization, or convert the committee to a political
action committee by filing an amended D-1 Statement of Organization amending
the committee type, as well as the name, purpose of the committee, and any
other information that has changed.
H) A
political committee that converts to a new committee type as defined in Code
Section 9-1.8 is limited in the amount of funds that it may retain under the
new committee type designation to the contribution limits in Code Section
9-8.5. The applicable limit shall be determined by the amount of funds allowed
to be contributed from the original committee type to the new committee type.
If the committee has a fund balance that exceeds the normal contribution limit
from the original committee type to the new committee type, it must first
dispose of the excess funds before making the conversion. A candidate political
committee changing the candidate it is supporting shall be considered to be
transferring funds from one candidate political committee to another, and shall
be limited in the amount of funds it may retain to the contribution limits
between two candidate political committees. If the committee has a fund balance
that exceeds that limit, it must first dispose of the excess funds before
making the conversion. A candidate political committee that owes outstanding
fines is prohibited from changing its committee type or the candidate supported
by the committee until the fines are paid in full.
I) A
candidate or officer of a candidate political committee who notifies the Board
of their intention to convert a candidate political committee to a limited
activity committee under Code Section 9-3.5 must complete the transition within
60 days after their confirmation to an affected office, as required by Section
3A-50(b) of the Illinois Governmental Ethics Act [5 ILCS 420].
6) Statement of Organization
A) Reference: This subsection (b)(6) interprets Code Section 9-3.
B) A committee officer must, in filling out the Form D-1, use the
name that appears on that officer's birth certificate, baptismal record,
voter's registration card, statement of candidacy or nominating petition, or
any other name by which the officer is commonly known in the community in which
the officer resides. Aliases created for the purpose of filing under Article 9
of the Election Code may not be used.
C) The prohibitions contained in Code Section 9-3(d)(iii) and (d‑5)(iii)
against making contributions from a ballot initiative committee or an
independent expenditure committee to a candidate or candidates for nomination
for election, election or retention to public office shall not include refunds
of contributions to the candidate so long as the refund does not exceed the
amount the candidate originally contributed. Nothing in Code Section 9-3(d)(i)
prohibits an independent expenditure committee from making expenditures on its
own behalf for the customary and reasonable expenses of operating a political
committee, provided that the expenditures are not made in connection,
consultation or concert with, or at the request or suggestion of, any other
political committee, public official or candidate, or the agent or agents of
the committee, public official or candidate.
D) For the purpose of this subsection (b)(6), the term "person"
contained in the definition of "sponsoring entity" shall not include
a political committee. The term "sponsoring entity" is defined in
Section 100.170.
E) A complaint for willfully filing a false or incomplete
Statement of Organization shall be subject to the provisions of Code Sections 9‑20
and 9-21.
(Source: Amended at 47 Ill. Reg. 5468,
effective March 30, 2023)
 | TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.20 OFFICIAL FORMS
Section 100.20 Official
Forms
a) Reference: This Section interprets or applies Sections 9-10(a)
and 9-15(1) of the Election Code.
b) Political committees are required to use only the official
forms or copies of official forms and appropriate schedules approved by the
State Board of Elections when filing any disclosure reports, except as
otherwise permitted under Section 100.80. Alternative methods of reporting are
prohibited unless prior written approval has been received by the political
committee from the State Board of Elections. Prior written approval will be
given based on the compatibility of alternative methods with the Board's
present system.
(Source: Amended at 35 Ill.
Reg. 2295, effective February 4, 2011)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.30 FORWARDING OF DOCUMENTS (REPEALED)
Section 100.30 Forwarding of
Documents (Repealed)
(Source: Repealed at 16 Ill. Reg. 6982, effective April 21, 1992)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.40 VACANCIES IN OFFICE - CUSTODY OF RECORDS
Section 100.40 Vacancies in
Office − Custody of Records
Reference: This Section
interprets or applies Code Sections 9-3, 9-5, 9-7, 9-10, 9-13 and 9-15.
a) Death
Upon the death
of the treasurer of a committee, the candidate or, if the candidate is unable
or unwilling to act, the remaining officers of the committee shall appoint a
new treasurer and amend the Statement of Organization (Form D-1) within 10 days
after the date of death of the treasurer. In the event there is no candidate or
remaining officers of the committee, the person or persons who succeed to the
interests of the committee in its funds shall be responsible for filing all
appropriate reports until such time as new officers are chosen or the committee
terminates.
b) Removal from Office
In the case of
a single candidate related committee whose officers were originally named by
the candidate, the candidate shall have the right to remove any and all officers
of his or her committee, provided the removal be done in writing and that the
candidate comply with all requirements of the Act in the absence of officers
for the candidate related committee. If a candidate removes from office any or
all officers of the committee, all records related to the committee shall be
maintained by the candidate. If former officers request, the candidate shall
allow them access to records and provide reasonable opportunity to make copies.
c) Resignation
If the
treasurer and all other officers resign and no new officers are appointed, the
former treasurer and officers or, in the case of candidate related committees,
the candidate shall be responsible for terminating the committee. When an
individual vacates the position of treasurer, he or she shall verify the
accuracy of his or her records to the succeeding treasurer. The succeeding
treasurer shall not be held responsible for the veracity or accuracy of the
records of the predecessors.
d) Inability to Sign
All reports shall
be verified, dated and signed by either the treasurer of the political
committee making the statement or the candidate on whose behalf the statement
is made. However, should it be impossible for the political committee to
obtain the signature of the treasurer or candidate prior to the filing
deadline, then another may sign for the treasurer, provided that the treasurer
submits a letter within 30 days after the filing indicating that the
substituted signature is authorized and the treasurer accepts responsibility as
if he or she had signed. The substituted signature shall read,
"treasurer's name, by name of person signing". If the treasurer
failed to submit a letter within 30 days, then the report filed shall be
considered a nonfiling.
e) All reports, original reports, and other campaign documents
required to be kept by a political committee under Article 9 of the Election
Code remain the property of the political committee. No chairman, treasurer or
candidate shall have any proprietary or possessory interest in the documents in
derogation of the rights of the committee itself.
f) If any political committee changes any officers, all records,
statements and reports in the possession of the outgoing officers shall be
transferred within 10 days following the change to the person or persons newly
responsible for the maintenance of those records and/or the filing of reports.
g) If any outgoing officer fails to turn over the records in his
or her care to a successor, in accord with this Section, or if any officer
attempts to withhold records from other officers of the committee, the
committee chairman, the treasurer, or the candidate may file a complaint before
the Board requesting a turnover order.
h) A committee that fails to preserve the records and accounts
required by Code Section 9-7 or by this Part for the periods required by
statute or rule may be required to reconstruct its records and accounts if
doing so is necessary to the audit of its records. If a committee is required
to reconstruct its records, it must pay all of the costs and charges, including
bank or accountants fees, for the reconstruction of the records.
(Source: Amended at 39 Ill.
Reg. 8060, effective May 19, 2015)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.50 MULTIPLE FILINGS BY STATE AND LOCAL COMMITTEES (REPEALED)
Section 100.50 Multiple
Filings by State and Local Committees (Repealed)
(Source: Repealed at 35 Ill.
Reg. 2295, effective February 4, 2011)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.60 FILING OPTION FOR A FEDERAL POLITICAL COMMITTEE
Section
100.60 Filing Option for a Federal Political Committee
a) Reference:
This Section interprets or applies Code Section 9-15.
b) Any
"person" or "whoever", as defined by Code Section 9-1.6,
qualifying as a political committee under Article 9 of the Election Code and
filing Federal Election Commission reports may choose to comply with the
provisions of Article 9 by so indicating on a Statement of Organization (Form
D-1) filed with the State Board of Elections.
c) A
political committee may choose to file reports pursuant to this Section, either
by amendment or for the first time, by stating on Part 6 of the Statement of
Organization (Form D-1) the following: "Campaign financing reports will be
filed pursuant to Section 100.60, Campaign Financing Regulations, State Board
of Elections."
d) Pursuant
to the state filing waiver program (52 U.S.C. 30113), a federal political
committee also qualifying as a political committee under Article 9 shall not
file a copy of all Federal Election Commission reports with the State Board of
Elections.
e) A
political committee filing reports pursuant to this Section that makes an
independent expenditure of $1,000 or more supporting or opposing a candidate
for State or local office in Illinois must notify the State Board of Elections,
in writing, within 5 business days after making the independent expenditure,
except that, if the independent expenditure is made in the 60 day period before
an election, the notification must be filed within 2 business days. The
notification shall contain the information required in Code Section 9-11(c).
f) This
Section shall not authorize any person to receive or expend in Illinois an
anonymous contribution on behalf of or in opposition to a candidate covered by
Article 9 or in support of or in opposition to a question of public policy.
(Source:
Amended at 47 Ill. Reg. 5468, effective March 30, 2023)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.70 REPORTS OF CONTRIBUTIONS AND EXPENDITURES
Section 100.70 Reports of
Contributions and Expenditures
a) Reference: This Section interprets or applies Code Sections
9-6, 9-10 and 9-11.
b) All contributions, as that term is defined in Code Section
9-1.4, of $1,000 or more, including loans and in-kind contributions, must be
reported to the State Board of Elections on a Schedule A-1 within 5 business
days after receipt, except that, if the contribution is received within 30 days
prior to an election, the contribution must be reported on a Schedule A-1
within 2 business days after receipt. The requirement to file a Schedule A-1
Report within 2 business days shall only apply to committees organized to
support or oppose candidates, public officials or a public question that is on
the ballot at that election, committees that spend an aggregate amount in
excess of $500 on a public official or officials, candidate or candidates, or a
question or questions of public policy that is on the ballot at that election,
or committees organized to support or oppose a candidates who has filed a
declaration of intent to be a write-in candidate at that election. The
requirement to file a Schedule A-1 shall not apply to a committee that receives
and returns the contribution in question prior to the filing deadline of the
quarterly report in which the contribution is required to be disclosed. The
receipt of the contribution and the expenditure showing its return to the
contributor must be included on the committee’s quarterly report.
c) An expenditure to a payee who is in whole or in part only a
conduit for payment to another, such as a political consultant, credit card
issuer or Paypal, must include by way of detail or separate entry the amount of
funds passing to each vendor, business entity or person receiving funds from
the payment, together with the reason for each disbursement and the beneficiary
of the disbursement. This provision shall not apply to a political consulting
firm or political consultant, campaign worker, volunteer or political
operative, etc., if the amount paid to that entity is less than $3,000 in
aggregate during the quarterly reporting period. Nothing in this Section shall
be construed to impose a reporting obligation on any person not otherwise
required to report under Article 9 of the Election Code or to require the
itemization of expenditures not otherwise required to be itemized under Article
9.
d) Quarterly
and A-1 Reports
1) Every
active political committee must file quarterly reports, as required by Code Section
9-10(b).
2) Every
active political committee must file Schedule A-1 reports, as required by Code Section
9-10(c) when a contribution of $1,000 or more from a single source is received,
unless the contribution is received and returned prior to the filing deadline
of the quarterly report in which the contribution is required to be disclosed.
A) The
reports must be filed within 2 business days after receipt if the contribution
is received within 30 days prior to an election and:
i) The
political committee is, by the terms of its Form D-1 Statement of Organization,
organized to support or oppose a candidate or a public question on the ballot
at the next election; or
ii) The
political committee makes expenditures in excess of $500, including
expenditures for in-kind contributions and electioneering communications, or
for independent expenditures, made on behalf of or in opposition to any
candidate or public question on the ballot at the next election and those expenditures
are made within the same election cycle as the election in question.
B) All
other A-1 reports must be filed within 5 business days after receipt.
C) A
political committee that meets the definition of a political committee in Code
Section 9-1.8 but that has not yet filed a Statement of Organization is subject
to the reporting requirements in Code Section 9-10(c) for contributions of
$1,000 or more. In these cases, while it is recommended the committee first
file a Statement of Organization, the Board will allow the committee to submit
Schedule A-1 filings prior to the filing of a Statement of Organization.
e) A
committee that, having determined that it will not participate in an election,
subsequently makes an expenditure or an independent expenditure in excess of
$500 or expends or has expended an aggregate amount in excess of $500 on behalf
of or in opposition to a candidate or candidates or on behalf of a question or
questions of public policy that will appear on the ballot at the next election
shall, beginning with the date of that expenditure, report contributions of
$1,000 or more received, as defined in Code Section 9-10(d), within 30 days
prior to the election, within 2 business days after receipt by that person.
f) The
authorization of persons to collect contributions on behalf of a political
committee (see Code Section 9-6(a)) shall be in writing; shall state that the
person is empowered to accept contributions on behalf of the committee; and
shall include the signature of the officer or candidate granting the
authorization. The authorization shall be provided to the person prior to
acceptance of any contributions on behalf of the committee.
g) Pursuant
to Code Section 9-11(f), a political committee is required to provide a
description of the amended information on each amended quarterly report. The
description must be sufficiently specific to alert a reasonable person as to
what has been amended, but does not have to individually address each item that
has been amended, added or deleted.
h) When
determining the timeliness of any report, a filing received after 11:59:59 pm
on the last actual business day of its required filing period shall be considered
late. "Business day" means any day in which the office of the State
Board of Elections is open to the public for a minimum of 7 hours, with the
exception of State holidays as defined by Code Section 1-6.
(Source: Amended at 47 Ill.
Reg. 5468, effective March 30, 2023)
ADMINISTRATIVE CODE TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100 CAMPAIGN FINANCING
SECTION 100.75 LIMITATION ON CAMPAIGN CONTRIBUTIONS
Section 100.75 Limitation on Campaign Contributions
Political committees are limited in the amount of
contributions that they can accept. Appendix A, Table A lists the 6 types of
political committees (candidate, political party, political action, ballot
initiative, independent expenditure, and limited activity committees) and the
specific contribution limitations applicable to each. Appendix A, Table B lists
the election cycles for candidate political committees (subdivided according to
the office sought), political party committees, political action committees, ballot
initiative committees, independent expenditure committees, and limited activity
committees.
a) A
candidate political committee formed by a candidate who seeks nomination at a
general primary election or a consolidated primary election is subject to
limitations as to what amount it may receive in contributions from a political
party committee during a primary election cycle. For this purpose, the primary
election cycle begins with the day the candidate may begin circulating
petitions and ends on the day of the primary election.
b) Political
committees on file with the FEC that file pursuant to Section 100.60 may not
make contributions to other political committees that are on file with the
State Board of Elections exceeding the limits set forth in Code Section 9-8.5,
except as provided in Code Section 9-8.5(c).
c) For
political committees referred to in Code Section 9-1.8 (candidate, political
party, political action, and limited activity), any contribution or transfer
received in violation of Code Section 9-8.5 shall be disposed of within 30 days
after being sent notice from the Board by:
1) Returning
the amount of the contribution or transfer that exceeds the contribution limit,
or an amount equal to that amount, to the contributor or transferor; or
2) Donating
the amount of the contribution or transfer that exceeds the contribution limit,
or an amount equal to that amount, to a charitable organization.
d) If a
political committee is determined to have received a contribution or transfer
in violation of Code Section 9-8.5, the Board will send, by first class mail, a
notice to the committee and its officers of the apparent violation. The notice
shall identify the contributions at issue, along with the committee's options
under Code Section 9-8.5(j) and subsection (c) of this Section for disposing of
the contributions (returning the amount to the contributor or donating the
amount to a charity), and informing the committee that whatever disposal action
it takes must be completed within 30 days after the date on the notice.
e) If a
political committee fails to dispose of the contribution or transfer as
provided in subsection (c):
1) The amount
of the contribution or transfer that exceeds the contribution limit shall
escheat to the State's General Revenue Fund within 30 days after the expiration
of the 30 day period provided in subsection (c); and
2) The
political committee shall be deemed to be in violation of this Section and be
subject to a civil penalty not to exceed 150% of the amount of the contribution
that exceeds the contribution limit.
f) When
considering the amount of the civil penalty to be imposed, the Board will
consider all relevant factors, including, but not limited to, the following:
1) Whether
in the Board's opinion the violation was committed inadvertently, negligently, knowingly
or intentionally;
2) Whether
any attempt was made by the committee to return the contribution or transfer;
and
3) Past
violations of Code Section 9-8.5. Past violations of any committee composed of
one or more of the same officers, or for the same purpose or for the support of
the candidacy of the same person, irrespective of office, as the committee
currently being assessed a civil penalty shall be considered relevant factors
when considering the amount of the civil penalty to be imposed.
g) When
a contribution is determined to have been received by a political committee in
violation of Code Section 9-8.5(a) through (d) and it is further determined
that the committee has not taken the remedial action required by Code Section
9-8.5(j) and subsection (c) of this Section, the Board will send, by first
class mail, notice of violation to the chair and the treasurer of each
political committee, and by certified mail to the address of the committee, together
with an order assessing a civil penalty calculated in accord with this
subsection (g). The notice of violation shall state that the Board has assessed
a civil penalty that will be final unless the committee shows cause as to why
the penalty should not be assessed. The provisions of 26 Ill. Adm. Code 125.425
relating to procedures to appeal civil penalty assessments shall apply to
penalties assessed under this Section.
h) For
purposes of adjusting the amounts of contribution limitations under Code Section
9-8.5(g), the Board will base the adjustments on the Consumer Price Index for
All Urban Consumers – US City Average (Not Seasonally Adjusted), as provided by
the U.S. Department of Labor. Adjustments shall be calculated:
1) On
January 1, or the first business day following January 1, of each odd-numbered
year, whichever comes first;
2) As a
percent change, rounded to the nearest tenth, in the index point level of the
24 month period immediately preceding the most current month for which data is
available. The change will then be applied to the existing contribution limits
as of December 31 of the year immediately preceding the adjustment and rounded
to the nearest $100.
i) For
purposes of Code Section 9-8.5(b), an election cycle ending on the date of the
consolidated primary election shall end on that date even if no consolidated
primary election is held in that jurisdiction. The election cycle for the
consolidated election shall begin on the day after the date of the consolidated
primary election, even if no consolidated primary election is held in that
jurisdiction. The election cycle for the consolidated election shall begin on
the day after the date of the consolidated primary election and end on June 30
of that year even if the candidate was only on the ballot at the consolidated
primary election and not on the ballot at the consolidated election.
j) For
purposes of Code Section 9-8.5(b-5):
1) A
candidate political committee established to support a candidate seeking
nomination to the Supreme Court, Appellate Court, or Circuit Court may accept
contributions from a corporation, labor organization, association or a
political action committee established by a corporation, labor organization, or
association that reports its contributions pursuant to Code Section 9-8.5(i).
2) "Employee"
of a political committee established to support a candidate seeking nomination
to the Supreme Court, Appellate Court, or Circuit Court includes any person
acting as an agent of the committee, whether in a compensated or volunteer
position.
k) For
purposes of Code Section 9-8.5(h):
1) Contributions
or loans from a public official or a candidate, or a public official's or
candidate's immediate family, to the public official's or candidate's political
committee shall not be subject to the contribution limits found in Code Section
9-8.5, except as provided in Code Sections 9-8.5(b-5) and 9-8.5(e-10).
2) "Candidate
for the same office" shall be determined by candidate petition filings.
Prior to the actual filing of petitions for a particular office, a candidate
for that office wishing to receive official notice of a Notification of
Self-funding from the Board must, during the same election cycle in which the
Notification of Self-funding is effective, inform or have already informed the
Board in writing of the candidate's intention to seek nomination or election to
the office in question.
3) The
12 month period specified in Code Section 9-8.5(h) for a candidate seeking
nomination or election at a general primary election or consolidated primary
election begins 12 months prior to the date of the primary election and ends
the date of the primary election. Thereafter, for nominated candidates who have
not previously filed a Notification of Self-funding, calculation of the
self-funding threshold begins the date after the general primary election or
consolidated primary election, whichever is applicable, and ends the date of
the general or consolidated election. The 12 month period specified in Code Section
9-8.5(h) for candidates not seeking nomination or election at a primary
election begins 12 months prior to the general or consolidated election,
whichever is applicable, and ends the day of the election.
l) For
purposes of Code Section 9-8.5:
1) Candidates
running together for the offices of Governor and Lieutenant Governor shall be
considered to be candidates for the same office, so that the removal of the
contribution limits for candidates for one office shall also be applied to
candidates for the other office. An expenditure made by a candidate on behalf
of his or her own candidacy for one office shall not be deemed an in-kind
contribution to that candidate’s running mate, regardless of whether the
expenditure is for the benefit of both candidates.
2) In an
election in which there are no more than two candidates on the ballot for a
particular office, any combination of independent expenditures made by a natural
person or persons, independent expenditure committee or committees, or
combination thereof, either supporting or opposing any candidate in the
election for that office shall be considered in aggregate towards the
calculation of whether the threshold allowing candidates to accept
contributions in excess of the limits imposed by Code Section 9‑8.5(b)
has been reached.
3) In an
election in which there are more than two candidates on the ballot for a
particular office, the calculation of whether the threshold allowing candidates
to accept contributions in excess of the limits imposed by Code Section
9-8.5(b) has been reached shall only include independent expenditures made to
support a single candidate or to oppose a single candidate, not a combination
of independent expenditures made in support of or opposition to more than one
candidate in the race.
m) For
purposes of reporting of contributions, a contribution made via a check or
other similar written instrument with more than one individual's name imprinted
on it, but containing only one signature, shall be reported as coming solely
from the signer, unless the instrument is accompanied by a written statement,
signed by each individual making the contribution, declaring that the
contribution was meant to be given by each of the undersigned individuals and
declaring the amount of the contribution to be attributed to each of the
individuals.
n) For
purposes of determining contribution limits under Code Section 9-8.5, the term "corporation,
labor union or association" shall include any "business entity"
organized as either for profit or not for profit, and shall include, but not be
limited to, a partnership, sole proprietorship, limited liability company or limited
liability partnership.
(Source:
Amended at 47 Ill. Reg. 5468, effective March 30, 2023)
|
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.80 REPORT FORMS
Section 100.80 Report Forms
a) Reference: This Section interprets or applies Sections 9-10
and 9-11 of the Election Code.
b) All reports submitted by political committees pursuant to Article
9 of the Election Code shall either be typed or printed legibly in black ink.
c) Computer sheets filed in lieu of forms or schedules shall not
exceed 8½" x 11".
(Source: Amended at 42 Ill.
Reg. 4977, effective February 28, 2018)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.85 INDEPENDENT EXPENDITURES
Section 100.85 Independent
Expenditures
a) When determining whether a natural person making an
independent expenditure or expenditures has exceeded the $3,000 threshold
triggering the requirement to file a written disclosure with the Board, the
phrase "a public official or candidate" shall also include a slate of
candidates. An independent expenditure made by a natural person shall be
reported if the expenditure exceeds $3,000, regardless of how many public
officials or candidates are supported or opposed by the expenditure. The report
shall list the total amount expended and the names of all the public officials
and candidates covered by the expenditure. The natural person shall not
prorate the amount of the expenditure based on the number of covered public
officials or candidates.
b) An independent expenditure or independent expenditures in
excess of $3,000 made by an entity supporting or opposing a public official or
candidate shall cause that entity to establish as a political committee
regardless of how many public officials or candidates are supported or opposed
by the expenditure. The entity shall not prorate the amount of the expenditure
based on the number of covered public officials or candidates when determining
whether it has to organize as a political committee.
c) After the filing of the initial written disclosure, a natural
person has a continuing obligation to report, within 2 business days, any
independent expediture made prior to the election in support of or in
opposition to the public official or candidate, in $1,000 increments, on an
additional written disclosure.
d) The written disclosure must include:
1) If a natural person, the name, address, occupation and each
employer of the natural person.
2) The name and address of the public official, candidate, or
each candidate listed on the slate of candidates.
3) The date and amount of each independent expenditure.
4) The nature/description of each independent expenditure.
(Source: Amended at 39 Ill.
Reg. 8060, effective May 19, 2015)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.90 PROVISION CIRCUMVENTION
Section 100.90 Provision
Circumvention
a) Reference: This Section interprets or applies Section 9-26 of
the Election Code.
b) The State Board of Elections will view any attempt to
circumvent the clear intentions of the Act by means of subterfuge as violations
of Article 9 of the Election Code.
(Source: Amended at 35 Ill.
Reg. 2295, effective February 4, 2011)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.100 PROOF OF IDENTIFICATION; APPLICATION FOR INSPECTION AND COPYING (REPEALED)
Section 100.100 Proof of
Identification; Application for Inspection and Copying (Repealed)
(Source: Repealed at 24 Ill. Reg. 14214, effective September 11, 2000)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.105 ADMINISTRATIVE TERMINATION OF POLITICAL COMMITTEE
Section 100.105 Administrative Termination of Political
Committee
a) The
Board's Division of Campaign Disclosure will administratively terminate a
political committee if the Division is unable to locate the committee for a
period of 12 months, or the committee has not filed any reports with the Board
for a period of 12 months. Prior to the administrative termination, the Division
must mail the committee a notice of administrative termination by first class
mail, and more than 30 days must elapse from the date of mailing with no
response from the committee. A committee that submits a written objection to
the Board within 30 days shall not be administratively terminated, as long as
it files any outstanding quarterly reports within 35 days after submitting its
written objection.
b) A
committee that is administratively terminated may be reopened by providing
written notice to the Board of its intention to be reinstated as an active
committee and subsequently filing any outstanding quarterly reports and paying
any outstanding civil penalty assessments owed within 45 days after submitting
its written notice.
c) A
committee that seeks to be reinstated as an active committee but does not meet
the requirements of subsection (b), or contends it was administratively
terminated in error, may request a status hearing before the Board. Following
the status hearing, the Board may reinstate the committee to active status if
the Board is satisfied that the committee has presented a reasonable plan to
file any outstanding quarterly reports and pay any outstanding civil penalty
assessments owed by the committee within six months after submitting its
written notice to be reinstated.
(Source: Added at 47 Ill. Reg. 5468,
effective March 30, 2023)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.110 RESPONSIBILITY FOR COMMITTEE DEBTS OR PENALTIES
Section 100.110 Responsibility
for Committee Debts or Penalties
a) If a political committee lends or donates funds to a second
political committee while the lending or donating committee owes the State
Board of Elections a civil penalty assessed under the provisions of Code Section
9-10, 9-23 or 9-26, the officers of the lending committee shall be jointly and
severally personally liable to the extent allowed by law for payment of the
civil penalty to the extent of the funds loaned or given.
b) If a political committee goes out of existence while it owes
the State Board of Elections a civil penalty assessed under Code Section 9-10,
9-23 or 9-26 or if the committee is later assessed a civil penalty under Code
Section 9-10, 9-23, or 9-26, any political committee formed within 24 months
from the date of the final order imposing a civil penalty assessment on the
first committee and composed of one or more of the same officers, or for the
same purpose or for the support of the candidacy of the same person,
irrespective of office, as the first committee, shall be deemed a successor
committee and shall be responsible for payment of the civil penalty of the
first committee.
c) If a candidate political committee closes or goes out of
existence and the committee has been or is later assessed a civil penalty under
Code Section 9-10, 9-23 or 9-26, any candidate political committee formed by
the same candidate, regardless of office sought, that was in existence at the
time of the violation shall be responsible for payment of the civil penalty of
the closed committee.
d) A political committee that seeks to go out of existence while
it is owed money by another political committee must first forgive the debt of
the debtor political committee and must amend its reports to show the forgiven
debt as a contribution to the debtor committee.
e) If a political committee seeks to go out of existence after a
civil penalty has been imposed upon it pursuant to the Election Code and the
rules promulgated under the Election Code, or if a civil penalty has been
assessed by Board staff and the process of going out of existence is begun or
about to begin, the political committee must first pay the civil penalty or, if
it lacks sufficient funds to pay the civil penalty in full, pay to the State
Board of Elections such sums as it has in its treasury in satisfaction of the
civil penalty. Only upon payment of the civil penalty, either in full or in
part, shall the committee be permitted to exit the reporting system established
by Article 9 of the Illinois Election Code.
(Source: Amended at 47 Ill.
Reg. 5468, effective March 30, 2023)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.120 RECEIPT OF CAMPAIGN CONTRIBUTIONS
Section 100.120 Receipt of Campaign Contributions
a) Every
person or political committee that contributes goods or services to a committee
shall provide to the treasurer of the political committee, within 5 business
days after making the contribution, a detailed account of the contribution,
including the name and address of the person or political committee making the
contribution; a description and the market value of the goods or services; and
the date on which the contribution was made. The ascertainable market value of
goods and services assigned by the contributor or, if the contributor fails to
provide the information to the recipient committee, by the recipient committee,
shall be prima facie correct unless rebutted by clear and convincing evidence.
b) An
entity defined by Code Section 9-1.6 or a political committee as defined by Code
Section 9-1.8 shall acknowledge, to the donor, receipt of any notice it
receives under subsection (a). No committee shall retain an in-kind
contribution it has knowingly received unless it also receives the information
from the contributor required by subsection (a) unless return of the
contribution is impossible. If the contributor does not comply with subsection
(a) and if the in-kind contribution cannot be returned, the beneficiary
political committee shall nonetheless have the responsibility to report the
in-kind contributions or expenditures from the contributor if it actually knows
or reasonably should have known from the facts available to it that an in-kind
contribution had been made in its behalf.
c) A
monetary contribution is any contribution other than a gift of goods or
services. The receipt date of the contribution is determined as follows:
1) A
monetary contribution to a political committee is deemed to have been received
on the date the contribution was deposited in a bank, financial institution or
other repository of funds for the committee.
2) If
not deposited into a bank, financial institution or other repository of funds,
a monetary contribution is deemed to have been received as follows:
A) A cash
contribution that is not deposited into a bank, financial institution or other
repository of funds is deemed to be received on the date that the cash is given
to any employee or agent of the committee.
B) A
contribution in the form of a business check, personal check, money order, or
cashier's check that is not deposited into a bank, financial institution, or
other repository of funds is deemed to be received on the date the check is
cashed and the cash becomes available to the committee. A contribution by
credit card or other implement used for processing a monetary contribution that
was deposited in a bank, financial institution or other repository of funds for
the committee is deemed to be received on the date the committee received
notice of the deposit.
d) A
contribution of goods or services (in-kind contributions) possession of which
is not actually obtained by the recipient committee is deemed received on the
date the public official, candidate political or political committee received
the notification of contribution of goods or services as required under Code Section
9-6(b) and subsection (a) of this Section. If no notification has been received,
the in-kind contribution is deemed received on the date the candidate, chairman
or treasurer of the recipient committee, or the public official, obtains
knowledge of the in-kind contribution, including its value. A contribution of
goods actually received by the committee is deemed to be made on the date the
goods are transferred to the possession of the recipient. A contribution of
services is deemed to be made on the date the services are actually performed.
e) When
reporting receipt of a contribution of goods or services, the recipient
committee shall, in addition to reporting the deemed date of receipt as defined
by subsection (d), include by way of description the date on which the
contribution was made, as reported to the committee pursuant to subsection (a).
(Source: Amended at 42 Ill.
Reg. 4977, effective February 28, 2018)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.125 RECEIPT OF QUARTERLY REPORTS OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Section 100.125 Receipt of Quarterly Reports of Campaign
Contributions and Expenditures
a) Quarterly
reports of campaign contributions and expenditures must be received by the
Board within the filing periods set forth in Code Section 9-10. Subject to subsections
(b) and (c) of this Section, if the reports are filed by mail and received by
the Board after the filing deadline, they shall be considered delinquent and
subject to penalties as provided in Code Section 9-10 and 26 Ill. Adm. Code
125.425. However, pursuant to Code Section 9-10(b), if the envelope containing
the reports bears a postmark showing that the envelope was mailed no later than
3 days prior to the due date, the reports shall be considered timely filed,
regardless of when received in the office of the State Board of Elections.
Reports filed via e-mail or facsimile transmission shall be considered timely
if received no later than 11:59 pm on the date of the filing deadline, unless
the committee is required to file electronically under Code Section 9-28.
b) If
the envelope containing the quarterly report is not received by the Board, the
envelope is received but does not have a postmark printed by the United States
Postal Service, or if the postmark is illegible, the report will either be
deemed to have not been received or be deemed to have been received on the date
the envelope officially arrives in the office of the State Board of Elections. However,
if the political committee is assessed a civil penalty for failing to file or
delinquently filing the report and, as part of the committee's appeal of the
civil penalty assessment, it is alleged by the treasurer, chair or candidate on
a signed and notarized affidavit verifying that the report was mailed no later
than 3 days prior to the filing deadline, and this is the first time the
committee has made this claim as part of its appeal, the presumptive date of
receipt will be rebutted by the testimony contained in the affidavit and the
report will be deemed to have been timely received.
c) When
the committee raises the defense described in subsection (b) as part of its
appeal for any subsequent civil penalty assessments, the appeal affidavit shall
be accompanied by a certificate issued by the U.S. Postal Service showing the
date on which the envelope was deposited with the U.S. Postal Service. The
Board will not consider this defense as valid in the absence of the
certificate.
(Source:
Amended at 47 Ill. Reg. 5468, effective March 30, 2023)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.130 REPORTING BY CERTAIN NONPROFIT ORGANIZATIONS (REPEALED)
Section 100.130 Reporting by
Certain Nonprofit Organizations (Repealed)
(Source: Repealed at 35 Ill.
Reg. 2295, effective February 4, 2011)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.140 PROHIBITED CONTRIBUTIONS STATE PROPERTY
Section 100.140 Prohibited
Contributions – State Property
a) Upon receipt of a notice of violation of Section 5-35 of the
State Officials and Employees Ethics Act [5 ILCS 430/5-35], the State Board of
Elections may assess a penalty not to exceed 100% of the value of the
contribution giving rise to the violation. In determining whether to assess a
penalty and the amount of a penalty, the Board will consider any mitigating or
aggravating factors contained in the notice, including but not limited to the
number of past violations of Article 9 of the Election Code, the amount of the
contribution and whether, in the Board's view, the violation was unintentional
or willful.
b) Persons against whom a penalty has been assessed by the Board
may appeal the penalty. The provisions of 26 Ill. Adm. Code 125.425 governing
the appeal procedures for violations of Article 9 shall apply to appeals of
penalties assessed under this Section.
(Source: Amended at 35 Ill.
Reg. 2295, effective February 4, 2011)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.150 ELECTRONIC FILING OF REPORTS
Section 100.150 Electronic
Filing of Reports
a) The State Board of Elections will make electronic filing
available to committees required to report electronically under Code Section
9-28 using a platform provided by the Board. Mandatory electronic filers may
not send reports via U.S. mail, e-mail, or facsimile transmission in lieu of
using the Board’s platform under Code Section 9-28 except as provided in
subsection (c).
b) Once a committee exceeds the threshold that requires it to
report electronically, it must continue to report electronically until it
dissolves, whether or not its accumulation, receipts or expenditures fall
beneath the levels set by statute for mandatory electronic filing.
c) Once
a committee is required to file its reports electronically under Code Section
9-28, it must continue to file all reports electronically, except as follows:
1) A
paper report shall be considered a timely filing if it is received by the Board
on or before the filing deadline, provided that it covers the initial reporting
period during which the mandatory electronic filing threshold is exceeded and
that the report is filed electronically within 30 days after receipt of notice from
the Board that this report was required to have been filed electronically. If
the report is not filed electronically within this 30 day period, it shall be
considered as never having been filed and the civil penalties mandated by 26
Ill. Adm. Code 125.425 will accrue from the date of the filing deadline.
2) A
paper report shall be considered a non-filing if the committee has previously
received the notification referred to in subsection (c)(1). If the report is
not filed electronically by the filing deadline, it shall be considered as
having never been filed and the civil penalties mandated by 26 Ill. Adm. Code
125.425 will accrue until such time as it is filed electronically.
3) A
paper report shall be considered a timely filing if at least one previous
report was required to have been filed electronically and the committee had
never been notified by the Board that it was required to electronically file
its reports, provided that the report is filed electronically within 30 days after
the notification referred to in subsection (c)(1). If the report is not filed
electronically within this 30 day period, it shall be considered as never
having been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425
will accrue from the date of the filing deadline.
4) A paper
report shall be considered a timely filing if it is received on or before the
filing deadline, or if it is postmarked no later than 3 days before the filing
deadline, and the committee has never exceeded the $10,000 threshold requiring
the electronic filing of its reports, regardless of whether the committee filed
previous reports electronically.
5) If a committee
is assessed a civil penalty for delinquently filing a report electronically and,
in the course of its appeal, raises the defense that computer related issues
prohibited the timely filing of an electronic report, the Board may consider the
following when determining the final outcome of the appeal:
A) Whether
the committee has raised any electronic filing issue as a defense in a prior appeal.
An electronic filing defense may be taken into consideration only once during
the lifetime of a committee, barring extenuating circumstances.
B) The
length of time the committee has been filing electronically, regardless of
whether the committee officers or the persons actually filing the reports have
changed.
C) Whether
the committee had established an electronic filing account (user name and
password) prior to 4:30 pm on the filing deadline date. Failure to contact the
Board to establish or verify this information during normal business hours
shall not constitute a valid electronic filing defense. Misplacing, forgetting
or simply not knowing a user name or password shall not constitute a valid
electronic filing defense.
D) If a
committee misses a filing deadline due to an electronic filing issue that was
known or should have been known at the time of an attempted filing, it must
contact, and discuss the issue with, Board staff. The contact must be initiated
within three business days after the deadline to qualify for an electronic
filing defense, unless the Board determines that the committee was reasonably
unaware of the electronic filing issue until a later date, in which case, the
committee must have initiated contact with the Board within three business days
after discovering the report was not successfully filed. The contact must be
confirmed in writing by Board staff. Following this contact, the committee must
make a reasonable attempt to resolve the issue and file the report as quickly
as possible.
6) The
electronic filing requirement established in this Section shall not apply to
Reports of Independent Expenditures required to be filed by natural persons
pursuant to Code Section 9-8.6, as those persons are not necessarily political
committees.
(Source: Amended at 47 Ill. Reg. 5468,
effective March 30, 2023)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.160 GOOD FAITH
Section 100.160 Good Faith
a) For purposes of this Section, "contributor" includes
the terms "lender" and "endorser". A committee acts in
good faith under Section 9-11 of the Election Code if:
1) its written solicitation for funds includes a clear written
request for the name of the contributor's employer and the occupation of the
contributor;
2) in the event it receives a contribution lacking the name of
the contributor's employer and the occupation of the contributor in
circumstances in which the information is required, it makes at least one
effort to obtain the missing information; and
3) in the event its request for information is unanswered, the
committee includes in its report the best and most current information it may
have from whatever source, including its own records and earlier reports, about
the name of the contributor's employer and the occupation of the contributor.
b) The request shall appear in a clear and conspicuous manner on
any response material contained in the solicitation.
c) An effort to obtain missing information must be in writing, or
be made orally and documented by writing, and must be made on or before the
close of the reporting period in which the contribution or loan was received.
The request must clearly ask for the missing information and must contain no
other language except thanks to the contributor or lender for the contribution
or loan. If the request is in writing, it must be accompanied by a
pre-addressed return postcard or envelope.
d) If the name of the employer of a contributor that is required
to be reported under Article 9 of the Election Code is unknown at the time the
contribution must be reported and a good faith effort has been made to secure that
information, the contribution may be reported without the information. However,
if the omitted information subsequently becomes known to the committee, the
report that omits the information must be amended to add the information.
e) For the purpose of this Section, "employer" includes
all natural and non-natural persons, including but not limited to corporations,
partnerships and unincorporated associations.
(Source: Amended at 35 Ill.
Reg. 2295, effective February 4, 2011)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.170 SPONSORING ENTITY
Section 100.170 Sponsoring
Entity
a) A sponsoring entity is a person that contributes not less than
33% of the total funding of any political committee at any time during a quarterly
reporting period following the 30th day after the committee has
filed its statement of organization.
b) Person includes natural persons, corporations, partnerships
and unincorporated associations.
c) Total funding means the sum of the funds available at the
beginning of the reporting period and the total receipts for the quarterly
reporting period.
d) Total receipts means any contributions as defined in Section 9-1.4
of the Election Code that are received by the committee.
e) Each political committee shall disclose the name and address
of any sponsoring entity on the committee's Statement of Organization.
f) If, at any time during a quarterly reporting period, a
committee that has not previously identified a sponsoring entity receives 33% of
its total funding during that quarterly reporting period from a single person,
the committee must amend its Statement of Organization to identify the
sponsoring entity.
g) The name of the sponsoring entity shall be the full name of
the person and not an acronym.
h) A committee is required to identify its sponsoring entity so
long as it receives not less than 33% of its total funding from a single
person. A committee may amend its Statement of Organization to delete the
sponsoring entity from its Statement of Organization if, for 4 consecutive quarterly
reporting periods, it fails to receive not less than 33% of its total funding
from a single person.
i) If, at any time during a quarterly reporting period, a
committee that has identified a sponsoring entity receives not less than 33% of
its total funding from a different single person than the person identified as
its sponsoring entity, it shall amend its Statement of Organization to include
the name and street address of the new sponsoring entity.
j) If a committee receives support from 2 or more persons, each
one of which would independently of the other meet the definition of a
sponsoring entity, the committee's Statement of Organization shall include all
those persons.
(Source: Amended at 35 Ill.
Reg. 2295, effective February 4, 2011)
ADMINISTRATIVE CODE TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100 CAMPAIGN FINANCING
SECTION 100.175 AUDIT FINDINGS FOR POLITICAL COMMITTEES
Section 100.175 Audit Findings for Political Committees
a) The
Board may order a political committee to conduct an audit of its financial
records based upon criteria outlined in Code Section 9-13(b). These criteria
are limited to a situation in which:
1) there
is a discrepancy between the committee's ending and beginning balances
contained in 2 or more successive reports;
2) there
is a failure to account for a previous investment or loan in a subsequent
report or reports; and
3) there
is a willful pattern of nonreconciliation of contributions received from or expenditures
made from one political committee to another political committee, such that the
reported amounts of the one committee do not correspond with the reported
amounts of the other committee.
b) Conditions
Precedent to Requirement for an Audit Pursuant to Code Section 9‑13(b)
1) Prior
to ordering an audit pursuant to subsection (a), the Board will send to the
committee address, the committee chairman, the committee treasurer, and any
candidate designated on the Form D-1 Statement of Organization as being
supported by the committee a notice in the form of a pre-audit letter stating
that the Board intends to order the committee to conduct an audit based upon
reasons outlined in the letter.
2) Prior
to conducting an audit pursuant to subsection (a), the committee will be
afforded an opportunity for a closed preliminary hearing to give reasons why
the committee should not be ordered to conduct an audit, and the committee will
be given an opportunity to correct the deficiencies or omissions that gave rise
to the issuance of the pre-audit letter. At the conclusion of the closed
preliminary hearing, a recommendation will be issued stating whether grounds
exist to order the audit.
3) If,
after the closed preliminary hearing, the Board determines that there are
insufficient grounds upon which to order an audit, no further action will be
taken.
4) If,
after the closed preliminary hearing, the Board determines that there are
sufficient grounds upon which to order an audit, the committee will be ordered
to conduct an audit as provided in Code Section 9-13.
5) The
procedures contained in 26 Ill. Adm. Code 125, Subparts A and B shall apply to
the closed preliminary hearing to the extent that they are not inconsistent
with the provisions of Code Section 9-13.
c) Selection
of Committees for Random Audit
1) In
each calendar year, the Board shall randomly select no more than 3% of the
registered political committees to conduct an audit. No later than March 31 of
the year of the selection, the Board will decide, based on staff recommendations,
what percentage of political committees will be selected for audits in the year
of the selection. The selection:
A) shall
be made no later than the first business day in May; and
B) shall
be made from all political committees on file with the Board whose status is
active at the time of the random selection.
2) The
method of selection shall be the same method that the Board uses to select the
5% of the total number of precincts in a given election authority jurisdiction
for the purposes of conducting a post-election retabulation as provided in Code
Sections 24A-15, 24B-15 and 24C-15. Once a committee has been selected to
conduct an audit based on the random selection provided in subsection (c)(1),
the Board shall send to the committee address, the committee chairman, the
committee treasurer, and any candidate designated on the Form D-1 as being
supported by this committee, a notice that the committee has been selected to
conduct an audit. The provisions in subsection (b) relating to the closed
preliminary hearing shall not apply to committees that have been randomly
selected to conduct an audit; however, the committee may be excused from
conducting an audit pursuant to subsection (h).
d) Auditor
1) A political
committee that has been ordered to conduct an audit pursuant to this Section
shall hire an entity qualified to perform the audit, i.e., a licensed certified
public accountant (CPA) or other person qualified to perform an audit. The
auditor shall:
A) have
the proper training and experience to perform a financial analysis of campaign
finance committees. The training may be the result of possession of a CPA
license, possession of a degree in accounting from an accredited accounting or
business school and/or experience as an accountant gained from past employment;
B) not
have contributed to the political committee during the 4 year period
immediately preceding the order of the audit; and
C) not be
a current officer, a previous officer, or otherwise affiliated with the
committee.
2) If
the person selected by the committee to perform an audit is not a CPA, the
committee shall, prior to the person conducting the audit, submit to the Board
for approval the person selected. The committee shall include with the
submission any information regarding the qualifications of the person to
perform an audit that would inform the Board of the qualifications. The
committee may appear before the Board to argue the selected person's
qualifications. The Board shall provide written notice to the committee
stating whether the selected person is approved and, if not approved, the
reasons for denial of approval. If the Board does not approve of the person
selected, the committee shall, within 10 business days after the date of the
nonapproval notice, select another person to conduct the audit and submit that
person for Board approval in accordance with this subsection (d).
e) Any
audit ordered by the Board shall include and cover all financial records
required to be maintained by the committee as provided in Code Section 9-7. The
audit shall be conducted in such a way as to ensure compliance with the
contribution limitations set forth in Code Section 9-8.5 and the reporting
requirements set forth in Code Sections 9-3 and 9-10. The records shall
include any and all financial records in the possession or under the control of
the committee or the financial institution in which the committee's funds are
held, including, but not limited to:
1) Bank
statements;
2) Deposit
slips;
3) Internal
registers or ledgers; and
4) Records
maintained and stored in any type of electronic medium.
f) The
audit shall only cover the 2 year period immediately preceding the order of the
audit or the period of time since the committee was last ordered to conduct an
audit, whichever is shorter. However, if any portion of these time periods covers
a time in which the contribution limits provision of Article 9 of the Election
Code was not in effect, those limits shall not be included in the scope of the
audit.
g) If
the Board determines that the committee is in violation of Code Sections 9-3, 9‑8.5
or 9-10, it may assess a penalty for non-compliance consistent with the penalty
provisions contained in those Sections and 26 Ill. Adm. Code 125.425. However,
no additional penalty shall be imposed by the Board for any violation found as
a result of a Board ordered audit if the Committee has previously been assessed
a penalty for that violation.
h) Excusal
from Random Audit
1) Any political
committee, other than a state central committee or a county central committee,
ordered by the Board to conduct a random audit whose chairman, treasurer or
candidate on whose behalf the committee was formed, that states under oath, in
a signed and notarized affidavit, that the committee lacks the financial means
to hire a CPA or other qualified person may, in lieu of conducting an audit, dissolve
as a political committee and file a final report with the Board within 60
calendar days following the date of the notice of audit. The committee must
remain dissolved for a period of at least 4 years.
2) If
the committee fails to dissolve within 60 calendar days after the date of the
notice of audit, the Board staff shall contact the committee and inform it that
the option of excusing itself from conducting an audit will not be available to
the committee unless it dissolves within 30 calendar days after notification.
If the committee does not dissolve within the 30 calendar days, the committee
shall be required to conduct the audit under the provisions of Code Section
9-13 and Section 100.175 of this Part.
3) In
order to be excused from conducting a random audit, the committee must have a
funds balance that does not exceed the cost of hiring a CPA or other qualified
person, based on the cost being typical for the county in which the committee
is located. The committee must submit with its affidavit a written cost
estimate from at least one CPA or other qualified person located in the county
in which the chairman, treasurer or candidate resides. The provisions of
subsection (d) pertaining to restrictions on CPAs or other qualified persons
chosen to conduct an audit shall also apply to the CPA or other qualified
person whose fee is used as a basis to determine the financial ability of the
committee to pay the cost of a CPA or other qualified person.
4) If a
political committee dissolves as a result of its financial inability to conduct
an audit, as provided in subsection (h)(1), and then reactivates during the 4
year period it was required to remain dissolved, as a condition of its
reactivation, within 60 days after reactivation, the committee must conduct an
audit covering the 2 year period immediately prior to the committee's
dissolution.
(Source: Amended at 39 Ill.
Reg. 8060, effective May 19, 2015)
|
ADMINISTRATIVE CODE TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100 CAMPAIGN FINANCING
SECTION 100.180 BUSINESS ENTITY REGISTRATION PROCEDURES
Section 100.180 Business Entity Registration Procedures
a) This
Section and Section 100.185 are adopted to comply with Public Act 95-971, as
amended by Public Acts 96-848, 97-411, 97-895, and 103-570. Any business
entity whose existing State contracts, whose pending bids and proposals on
State contracts or whose pending bids and proposals on State contracts combined
with the business entity's existing State contracts in aggregate total more
than $50,000 shall register with the Board in accordance with Code Section
9-35. A business entity that wishes to submit a bid or proposal on a State
contract must register with the Board prior to submitting the bid or proposal.
The Board will provide a certificate of registration upon successful completion
of the registration process.
b) Definitions
1) Unless
otherwise indicated, any time frame involving a certain number of days shall
refer to business days. Business days shall be those days in which the Springfield
office of the Board is open to the public for a minimum of 7 hours.
2) "Political
committee" means any political committee required to file as such under
the provisions of Article 9, regardless of whether the committee has filed a
Statement of Organization pursuant to Code Section 9-3.
3) "Minor
child" means any affiliated person who has not attained 18 years of age as
of the time of registration of the business entity with which the person is
affiliated.
c) Business
entities shall register on a secure website provided by the Board by first
creating an online account. The Board will verify the authenticity of that
account at the time of registration.
d) Registration Procedures
1) The
following information must be supplied at the time of the registration and,
except as specified below, will be included in the Board's online searchable
database of registration information:
A) The
name and address of the business entity. The address shall be the office
designated by the entity as its principal office or its headquarters.
B) The
name and address of each affiliated entity of the business entity, including a
description of the affiliation. The address shall be that of the principal
office or headquarters of the affiliated entity.
C) The
name and address of each affiliated person of the business entity, including a
description of the affiliation. (Every affiliated person of a business entity
that is required to register must be listed on the registration form. If there
are no affiliated persons, the person whose position within the business entity
comes closest to meeting the definition of affiliated person shall be listed on
the registration form. The electronic registration system will not accept a
blank entry where a name is required.) The name and address of a minor child
who must be disclosed on the business entity's registration by virtue of the
fact that such person falls under the definition of affiliated person shall not
be posted on the Board website.
D) The
Federal Employer Identification Number (FEIN), if the business has obtained
such a number. If the business does not have a FEIN, an Illinois Business Tax
Number (IBT) must be provided. If the business has neither of these numbers,
it must provide an identifying number unique to that business that is capable of
verification by the Board. A sole proprietorship may use a social security
number as a unique identifier if it does not have a FEIN or an IBT. The Board
will not include the information submitted under this subsection (d)(1)(D) in
its online searchable database.
2) Registration
shall be accomplished in one of the two following methods:
A) A
web-based program through which information may be entered, saved, and
transmitted upon completion. Changes may be made by accessing the program,
making the changes, and submitting those changes to the Board via the program
contained on the Board's website.
B) A
format, provided by the Board, designed specifically for large business
entities through which data may be submitted in lieu of completion of the
web-based option.
e) The
Board shall provide a certificate of registration to the business entity upon
registration and upon any change of information submitted by the entity as
required by Code Section 9-35.
1) The
business entity is responsible for printing and disseminating copies of the
registration as required by Code Section 9-35(d). Any business entity
required to register under Section 20-160 of the Illinois Procurement Code
shall provide a copy of the registration certificate, by first class mail or
hand delivery within 10 days after registration, to each affiliated entity or
affiliated person. [10 ILCS 5/9-35(d)]
2) The
delivery of the registration certificate to a minor child who is an affiliated
person shall be accomplished by providing it to either parent or to the legal
guardian of the minor child. The business entity shall document the date of
submission of the certificate of registration to the appropriate entities and
persons and produce the documentation upon the request of the Board.
3) A
business entity, affiliated entity, or affiliated person shall document the
date of submission of the notice to the appropriate political committee as
required under Code Section 9-35(f). A copy of the certificate of registration
may serve as the required written notice. The business entity, affiliated
entity, or affiliated person shall produce a record created under this
paragraph upon the request of the Board.
4) In
the determination of a complaint alleging a failure to comply with any
notification requirement contained in this subsection (e), the failure of a
party responsible for providing the required notification to submit written
documentation of compliance shall create a rebuttable presumption of
noncompliance against that party.
f) A business
entity's continuing duty to ensure that its registration data is accurate ends
upon the latest of the following:
1) if
the business entity is not awarded a contract, then on the day after the
awarding of the latest pending contract that was pending or submitted on or
after the date of registration; or
2) the
day after the business entity's contracts with State agencies, in the aggregate,
cease to total more than $50,000; or
3) the
day after the business entity's aggregate pending bids and proposals on State
contracts combined with the business entity's aggregate total value of State
contracts cease to exceed $50,000; or
4) in
the case of a business entity whose contracts with State agencies, in the
aggregate, total more than $50,000, at the end of the term of office of the
incumbent officeholder awarding the contracts or for a period of 2 years
following the expiration or termination of the contracts, whichever is longer.
g) A
business entity shall update the information using the same platform provided
by the Board under subsection (d)(2). The Board will require that any updates
include:
1) the effective date of
changes to the registration information; and
2) an indication of
whether the update is made:
A) with
respect to a pending bid pursuant to Section 20-160(c) or (d) of the Illinois
Procurement Code; or
B) under
the continuing duty to update under Section 20-160(e) of the Illinois
Procurement Code.
h) The
Board will make information in the database available to the chief procurement
officer as needed to allow the chief procurement officer to fulfill its duties
under Section 20-160 of the Illinois Procurement Code.
i) The
business entity's verification of accuracy required by Section 20-160(h) of the
Illinois Procurement Code will be included as part of the registration
procedure outlined in subsection (d)(2). The Board will include as part of the
registration process a written admonishment that the information submitted by
the business entity as part of the registration process is subject to the
penalties of the laws of Illinois for perjury. (See 30 ILCS 500/20-160(h).)
j) The
requirements of this Section apply regardless of the method of source
selection used in awarding the contract. [30 ILCS 500/20-160(i)]
k) Inactive Status
1) A
business entity that is registered with the Board may change its status to
"inactive" if:
A) the
business entity's continuing duty to ensure that its registration data is
accurate has ended under subsection (f); or
B) the
entity was not required to register as a business entity but did so anyway, if
the reason for the registration was to qualify for use of the Illinois
Procurement Gateway (IPG) offered by the Chief Procurement Officer −
General Services. The entity may not change its status to "inactive"
until its registration through the IPG has expired.
2) Nothing
in this subsection (k) affects the duty of a business entity to update its
registration, to provide notices required under Code Section 9-35, or to
refrain from making political contributions prohibited under Section 50-37 of
the Illinois Procurement Code.
3) The
"inactive" designation shall be determined by the business entity.
The Board shall provide an electronic form accessible on the Board website for
the entity to indicate that it is currently in inactive status. The application
shall include the name and address of the entity; the contract or bid that
created the obligation to register with the Board, the agency or office that
was responsible for awarding the contract, or, if the entity was not required
to register with the Board, a designation that registration was not required;
and the date on which the obligation to update the entity's registration
relative to each contract or bid ended. The form shall be signed by the chief
executive officer of the business entity or the officer's designee, or a person
who serves in that capacity, indicating that the entity qualifies to be in
inactive status based on the criteria contained in this subsection. A false
statement of eligibility for inactive status is prima facie evidence that the
business entity has made a willful failure to disclose information concerning
the business entity's registration.
4) If a
business entity that has declared its inactive status via the method prescribed
by subsection (k)(3) intends to submit a bid for a State contract with a value
exceeding $50,000 or otherwise becomes obligated to register, the entity shall
rescind its inactive status. The business entity shall rescind its inactive
status and shall update its registration so that the information required by Code
Section 9-35 is current before submitting a qualifying bid. In addition, the
entity shall abide by the contribution prohibitions contained in Section
50-37(b) and (c) of the Illinois Procurement Code. The Board shall make an
electronic means available on the Board website by which a business entity may
rescind its inactive status.
l) Enforcement
1) As used in this Section:
A) "Intentional"
means that the business entity acted with the conscious objective to accomplish
a result or engage in conduct that results in a failure to disclose information
listed in Section 100.180(d)(1).
B) "Material"
means an omission of information of such a significant nature that knowledge of
the information would affect a person's understanding of the relationship of
the business entity, affiliated entity, or affiliated person to campaign
finance matters.
C) "Willful"
means:
i) that
the business entity was consciously aware that the conduct of the business
entity was of a nature or accompanied by circumstances such as to cause the
business entity to fail to disclose information listed in Section
100.180(d)(1); or
ii) that
the business entity was consciously aware that its conduct was practically
certain to result in a failure to disclose information required by Section
100.180(d)(1).
2) A
person may file a complaint before the Board if the person has knowledge of the
failure of a business entity to comply with the requirements of Section
100.180.
3) The
complaint provisions contained in Code Sections 9-20 through 9-22 shall apply
to complaints filed alleging a violation of this Section. The Board will
process the complaint under the procedures set forth in 26 Ill. Adm. Code 125
and will impose civil penalties in accordance with Section 100.185.
(Source: Amended at 49 Ill. Reg. 8938,
effective June 27, 2025)
|
ADMINISTRATIVE CODE TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100 CAMPAIGN FINANCING
SECTION 100.185 ASSESSMENT OF CIVIL PENALTIES
Section 100.185 Assessment of Civil Penalties
a) The
provisions of Code Sections 9-20 through 9-24 relating to complaints for
violations of Article 9 of the Election Code shall apply to complaints for
violations of Code Section 9-35(d) (failure to notify affiliated persons and
entities of a business entity that the business entity is registered with the
Board) and Code Section 9-35(e) (intentional, willful, or material failure to
disclose required registration information and failure to update a
registration), except that the complaint shall be directed to the registered
agent of the business entity or its chief executive officer. In addition, the
provision of Code Section 9-21 pertaining to the 60-day period prior to an
election shall not apply to complaints filed under this Section. If the Board
determines that a business entity has intentionally, willfully, or materially
failed to disclose required information on its registration, it shall refer
that determination to the chief procurement officer of the agency or agencies
that accepted a bid or entered into a contract with that business.
b) The
provisions of 26 Ill. Adm. Code 125 apply to complaints filed against business
entities.
c) There
is a rebuttable presumption that a business entity acted willfully when a
business entity that registers or provides a registration update outside of the
deadlines set forth in Code Section 9-35 and in Section 20-160 of the Illinois Procurement
Code. Upon a showing that a business entity has registered or provided a
registration outside of the statutory deadlines, the Board will impose a civil
penalty as set forth in Code Section 9-35(e).
d) If
the Board determines that a business entity has committed a violation that is
neither intentional, willful, nor material, the Board will issue an order
directing the business entity to correct the violation. The failure of a
business entity to correct the violation within 30 days after the issuance of
the order creates a presumption that the business entity has committed an
intentional failure to provide information required under Code Section 9-35. Upon
a failure of a business entity to comply with a Board order entered under this
subsection (d), the Board will impose a civil penalty as set forth in Code
Section 9-35(e).
e) Any
penalty assessed against a business entity by the Board for violation of Code Section
9-35 shall be paid within 30 days after the assessment of the penalty. The 30-day
period shall commence on the date the letter is sent by the Board to the
business entity assessing the penalty. Any assessed penalty that remains
unpaid more than 30 days after the issuance of the final order assessing the
penalty will be posted on the Board website, indicating the name of the
business entity owing the penalty and stating that the penalty remains unpaid.
(Source: Amended at 49 Ill. Reg. 8938,
effective June 27, 2025)
|
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.190 TRAINING REQUIREMENT FOR COMMITTEE TREASURERS
Section 100.190 Training Requirement for Committee
Treasurers
a) Within
60 days after a political committee designates a new treasurer under Section
Code 9-2(f), the treasurer must contact Board staff and complete a training
session on compliance with the requirements of Article 9.
b) A
treasurer may not be excused from the training required by subsection (a) on
the basis that they have previously served as a treasurer of a political
committee unless they can demonstrate they completed a training session
conducted by Board staff on compliance with the requirements of Article 9 in
the last two years.
(Source: Added at 47 Ill. Reg. 5468,
effective March 30, 2023)
Section 100.APPENDIX A Contributions Allowed Per Election Cycle
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.APPENDIX A CONTRIBUTIONS ALLOWED PER ELECTION CYCLE
Section 100.APPENDIX A Contributions Allowed Per
Election Cycle
Section 100.TABLE A Contribution Limits Per Election
Cycle
a) CANDIDATE
POLITICAL COMMITTEE
1) $6,900
from an individual
2) $13,700
from a corporation, labor organization or association
3) $68,500
from a candidate political committee or political action committee
4) No
limits from political party committee except during an election cycle in which
the candidate seeks nomination at a primary election
5) During
an election cycle in which the candidate seeks nomination at a primary
election, a political party committee may contribute:
A) $274,200
to a candidate for statewide office
B) $171,500
to a candidate for Senate, Supreme or Appellate Court in Cook County,
county-wide office in Cook County
C) $102,900
to a candidate for House of Representatives, Supreme or Appellate Court outside
of Cook County, county-wide office outside of Cook County, and local candidates
within Cook County
D) $68,500
to any other candidate
b) POLITICAL
PARTY COMMITTEE
1) $13,700
from an individual
2) $27,400
from a corporation, labor organization or association
3) $68,500
from a political action committee
4) No
transfers permitted between legislative caucus committees
5) A
political party committee may accept contributions in any amount from a
candidate committee or political party committee
6) No
limits on transfers between a State political committee and a federal political
committee
c) POLITICAL
ACTION COMMITTEE
1) $13,700
from an individual
2) $27,400
from a corporation, labor organization, political party committee or
association
3) $68,500
from a political action committee or candidate political committee
d) BALLOT
INITIATIVE COMMITTEE
No limits
from any source – cannot contribute to any other type of committee
e) INDEPENDENT
EXPENDITURE COMMITTEE
No limits from any source – cannot
make direct contributions or coordinated expenditures.
f) LIMITED
ACTIVITY COMMITTEE
May not accept contributions from
any outside source. May only accept contributions of personal funds from the
candidate the committee is designated to support or a committee officer, and
those contributions are only allowed to pay for committee maintenance expenses.
(Source: Amended at 47 Ill.
Reg. 5468, effective March 30, 2023)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 100
CAMPAIGN FINANCING
SECTION 100.APPENDIX A CONTRIBUTIONS ALLOWED PER ELECTION CYCLE
Section 100.APPENDIX A Contributions Allowed Per
Election Cycle
Section 100.TABLE B Election Cycles
a) CANDIDATE
POLITICAL COMMITTEE
1) Support
candidate to be elected at a general primary election or general election
A) Beginning
January 1 following a general election for office to which candidate seeks
nomination or election and ending on day of general primary election for that
office, or
B) Beginning
day after a general primary election for the office to which the candidate
seeks nomination or election and through December 31 following the general
election
2) Support
candidate for General Assembly
A) Beginning
January 1 following a general election and ending on day of next general
primary election, or
B) Beginning
day after a general primary election and ending on December 31 following a
general election (2 year)
3) Support
candidate for retention
A) Beginning
January 1 following general election when candidate was elected through day
candidate files declaration of intent to seek retention, or
B) Beginning
day after candidate files declaration of intent to seek retention through
December 31 following retention election
4) Support
candidate to be elected at consolidated primary election or consolidated
election (also applies to candidates in municipal or runoff elections in cities
of 1,000,000 or more population, occurring on the dates of the regularly
scheduled consolidated primary election or consolidated election)
A) Beginning
July 1 following the consolidated election for the office to which the
candidate seeks election and ending on the day of the next consolidated primary
election for that office, or
B) Beginning
the day after the consolidated primary election for the office to which the
candidate seeks nomination or election and ending on June 30 following the
consolidated election held that year
b) POLITICAL
PARTY COMMITTEE
Beginning January 1 and ending on
December 31 of each calendar year (1 calendar year)
c) POLITICAL
ACTION COMMITTEE
Beginning January 1 and ending on
December 31 of each calendar year (1 calendar year)
d) BALLOT
INITIATIVE COMMITTEE
Beginning January 1 and ending on
December 31 of each calendar year (1 calendar year)
e) INDEPENDENT
EXPENDITURE COMMITTEE
Beginning January 1 and ending on
December 31 of each calendar year (1 calendar year)
f) LIMITED
ACTIVITY COMMITTEE
See subsection (a) CANDIDATE
POLITICAL COMMITTEE (Section 100.Table B Election Cycles)
(Source: Amended at 47 Ill. Reg. 5468,
effective March 30, 2023)
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