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2005 Illinois 10 ILCS 5/      Election Code. Article 9 - Disclosure of Campaign Contributions and Expenditures


      (10 ILCS 5/Art. 9 heading)
ARTICLE 9. DISCLOSURE OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES

    (10 ILCS 5/9‑1) (from Ch. 46, par. 9‑1)
    Sec. 9‑1. As used in this Article, unless the context otherwise requires, the terms defined in Sections 9‑1.1 through 9‑1.13, have the respective meanings as defined in those Sections.
(Source: P.A. 86‑873.)

    (10 ILCS 5/9‑1.1) (from Ch. 46, par. 9‑1.1)
    Sec. 9‑1.1. "Board" means the State Board of Elections.
(Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑1.3) (from Ch. 46, par. 9‑1.3)
    Sec. 9‑1.3. "Candidate" means any person who seeks nomination for election, election to or retention in public office, or any person who seeks election as ward or township committeeman in counties of 3,000,000 or more population, whether or not such person is elected. A person seeks nomination for election, election or retention if he (1) takes the action necessary under the laws of this State to attempt to qualify for nomination for election, election to or retention in public office or election as ward or township committeeman in counties of 3,000,000 or more population, or (2) receives contributions or makes expenditures, or gives consent for any other person to receive contributions or make expenditures with a view to bringing about his nomination for election or election to or retention in public office, or his or her election as ward or township committeeman in counties of 3,000,000 or more population.
(Source: P.A. 89‑405, eff. 11‑8‑95.)

    (10 ILCS 5/9‑1.4)(from Ch. 46, par. 9‑1.4)
    Sec. 9‑1.4. "Contribution" means‑
    (1) a gift, subscription, donation, dues, loan, advance, or deposit of money or anything of value, knowingly received in connection with the nomination for election, or election, of any person to public office, in connection with the election of any person as ward or township committeeman in counties of 3,000,000 or more population, or in connection with any question of public policy;
    (1.5) a gift, subscription, donation, dues, loan, advance, deposit of money, or anything of value that constitutes an electioneering communication regardless of whether the communication is made in concert or cooperation with or at the request, suggestion, or knowledge of a candidate, a candidate's authorized local political committee, a State political committee, a political committee in support of or opposition to a question of public policy, or any of their agents;
    (2) the purchase of tickets for fund‑raising events, including but not limited to dinners, luncheons, cocktail parties, and rallies made in connection with the nomination for election, or election, of any person to public office, in connection with the election of any person as ward or township committeeman in counties of 3,000,000 or more population, or in connection with any question of public policy;
    (3) a transfer of funds between political committees; and
    (4) the services of an employee donated by an employer, in which case the contribution shall be listed in the name of the employer, except that any individual services provided voluntarily and without promise or expectation of compensation from any source shall not be deemed a contribution; but
    (5) does not include‑‑
        (a) the use of real or personal property and the
    
cost of invitations, food, and beverages, voluntarily provided by an individual in rendering voluntary personal services on the individual's residential premises for candidate‑related activities; provided the value of the service provided does not exceed an aggregate of $150 in a reporting period;
        (b) the sale of any food or beverage by a vendor for
    
use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor.
(Source: P.A. 94‑645, eff. 8‑22‑05.)

    (10 ILCS 5/9‑1.5) (from Ch. 46, par. 9‑1.5)
    Sec. 9‑1.5. Expenditure defined.
    "Expenditure" means‑
    (1) a payment, distribution, purchase, loan, advance,
    
deposit, or gift of money or anything of value, in connection with the nomination for election, or election, of any person to public office, in connection with the election of any person as ward or township committeeman in counties of 3,000,000 or more population, or in connection with any question of public policy. "Expenditure" also includes a payment, distribution, purchase, loan, advance, deposit, or gift of money or anything of value that constitutes an electioneering communication regardless of whether the communication is made in concert or cooperation with or at the request, suggestion, or knowledge of a candidate, a candidate's authorized local political committee, a State political committee, a political committee in support of or opposition to a question of public policy, or any of their agents. However, expenditure does not include ‑
        (a) the use of real or personal property and the cost
    
of invitations, food, and beverages, voluntarily provided by an individual in rendering voluntary personal services on the individual's residential premises for candidate‑related activities; provided the value of the service provided does not exceed an aggregate of $150 in a reporting period;
        (b) the sale of any food or beverage by a vendor for
    
use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor.
    (2) a transfer of funds between political committees.
(Source: P.A. 93‑574, eff. 8‑21‑03; 93‑615, eff. 11‑19‑03; 93‑847, eff. 7‑30‑04.)

    (10 ILCS 5/9‑1.6) (from Ch. 46, par. 9‑1.6)
    Sec. 9‑1.6. "Person" or "whoever" means an individual, trust, partnership, committee, association, corporation, or any other organization or group of persons.
(Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑1.7) (from Ch. 46, par. 9‑1.7)
    Sec. 9‑1.7. "Local political committee" means the candidate himself or any individual, trust, partnership, committee, association, corporation, or other organization or group of persons which:
        (a) accepts contributions or grants or makes
    
expenditures during any 12‑month period in an aggregate amount exceeding $3,000 on behalf of or in opposition to a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interests with the county clerk, or on behalf of or in opposition to a candidate or candidates for election to the office of ward or township committeeman in counties of 3,000,000 or more population;
        (b) accepts contributions or makes expenditures
    
during any 12‑month period in an aggregate amount exceeding $3,000 in support of or in opposition to any question of public policy to be submitted to the electors of an area encompassing no more than one county;
        (c) accepts contributions or makes expenditures
    
during any 12‑month period in an aggregate amount exceeding $3,000 and has as its primary purpose the furtherance of governmental, political or social values, is organized on a not‑for‑profit basis, and which publicly endorses or publicly opposes a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interest with the County Clerk or a candidate or candidates for the office of ward or township committeeman in counties of 3,000,000 or more population; or
        (d) accepts contributions or makes expenditures
    
during any 12‑month period in an aggregate amount exceeding $3,000 for electioneering communications relating to any candidate or candidates described in paragraph (a) or any question of public policy described in paragraph (b).
(Source: P.A. 93‑847, eff. 7‑30‑04.)

    (10 ILCS 5/9‑1.8) (from Ch. 46, par. 9‑1.8)
    Sec. 9‑1.8. "State political committee" means the candidate himself or any individual, trust, partnership, committee, association, corporation, or any other organization or group of persons which‑‑
    (a) accepts contributions or grants or makes expenditures during any 12‑month period in an aggregate amount exceeding $3,000 on behalf of or in opposition to a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interests with the Secretary of State,
    (b) accepts contributions or makes expenditures during any 12‑month period in an aggregate amount exceeding $3,000 in support of or in opposition to any question of public policy to be submitted to the electors of an area encompassing more than one county,
    (c) accepts contributions or makes expenditures during any 12‑month period in an aggregate amount exceeding $3,000 and has as its primary purpose the furtherance of governmental, political or social values, is organized on a not‑for‑profit basis, and which publicly endorses or publicly opposes a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interest with the Secretary of State, or
    (d) accepts contributions or makes expenditures during any 12‑month period in an aggregate amount exceeding $3,000 for electioneering communications relating to any candidate or candidates described in paragraph (a) or any question of public policy described in paragraph (b).
(Source: P.A. 93‑847, eff. 7‑30‑04.)

    (10 ILCS 5/9‑1.9) (from Ch. 46, par. 9‑1.9)
    Sec. 9‑1.9. "Political committee" includes State central and county central committees of any political party, and also includes local political committees and state political committees, but does not include any candidate who does not accept contributions or make expenditures during any 12‑month period in an aggregate amount exceeding $3,000, nor does it include, with the exception of State central and county central committees of any political party, any individual, trust, partnership, committee, association, corporation, or any other organization or group of persons which does not (i) accept contributions or make expenditures during any 12‑month period in an aggregate amount exceeding $3,000 on behalf of or in opposition to a candidate or candidates or to any question of public policy or (ii) accept contributions or make expenditures during any 12‑month period in an aggregate amount exceeding $3,000 for electioneering communications relating to any candidate or candidates described in paragraph (a) of Section 9‑1.7 or 9‑1.8 or any question of public policy described in paragraph (b) of Section 9‑1.7 or 9‑1.8, and such candidates and persons shall not be required to comply with any filing provisions in this Article.
(Source: P.A. 93‑847, eff. 7‑30‑04.)

    (10 ILCS 5/9‑1.10) (from Ch. 46, par. 9‑1.10)
    Sec. 9‑1.10. "Public office" means any elective office for which candidates are required to file statements of economic interests under the "Illinois Governmental Ethics Act", approved August 26, 1967, as amended.
(Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑1.10b)
    Sec. 9‑1.10b. Severability. The provisions of this amendatory Act of 1995 are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 89‑405, eff. 11‑8‑95.)

    (10 ILCS 5/9‑1.11) (from Ch. 46, par. 9‑1.11)
    Sec. 9‑1.11. "Public official" means any person who is elected or appointed to public office.
(Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑1.12) (from Ch. 46, par. 9‑1.12)
    Sec. 9‑1.12. Anything of value includes all things, services, or goods, regardless of whether they may be valued in monetary terms according to ascertainable market value. Anything of value which does not have an ascertainable market value must be reported by describing the thing, services, or goods contributed and by using the contributor's certified market value required under Section 9‑6.
(Source: P.A. 90‑737, eff. 1‑1‑99.)

    (10 ILCS 5/9‑1.13) (from Ch. 46, par. 9‑1.13)
    Sec. 9‑1.13. "Transfer of funds" means any conveyance of money or the purchase of tickets made in connection with the nomination for election, election or retention of any person to or in public office or in connection with any question of public policy from one political committee to another political committee.
(Source: P.A. 86‑873.)

    (10 ILCS 5/9‑1.14)
    Sec. 9‑1.14. Electioneering communication defined.
    (a) "Electioneering communication" means, for the purposes of this Article, any form of communication, in whatever medium, including but not limited to a newspaper, radio, television, or Internet communication, that (1) refers to a clearly identified candidate or candidates who will appear on the ballot, refers to a clearly identified political party, or refers to a clearly identified question of public policy that will appear on the ballot and (2) is made within (i) 60 days before a general election or consolidated election or (ii) 30 days before a primary election.
    (b) "Electioneering communication" does not include:
        (1) A communication, other than an advertisement,
    
appearing in a news story, commentary, or editorial distributed through the facilities of any legitimate news organization, unless the facilities are owned or controlled by any political party, political committee, or candidate.
        (2) A communication made solely to promote a
    
candidate debate or forum that is made by or on behalf of the person sponsoring the debate or forum.
        (3) A communication made as part of a non‑partisan
    
activity designed to encourage individuals to vote or to register to vote.
        (4) A communication by an organization operating and
    
remaining in good standing under Section 501(c)(3) of the Internal Revenue Code of 1986.
        (5) A communication exclusively between a labor
    
organization, as defined under federal or State law, and its members.
        (6) A communication exclusively between an
    
organization formed under Section 501(c)(6) of the Internal Revenue Code and its members.
(Source: P.A. 93‑574, eff. 8‑21‑03; 93‑615, eff. 11‑19‑03; 93‑847, eff. 7‑30‑04; 94‑461, eff. 8‑4‑05; 94‑645, eff. 8‑22‑05.)

    (10 ILCS 5/9‑2) (from Ch. 46, par. 9‑2)
    Sec. 9‑2. Every political committee shall designate a chairman and a treasurer. The same person may serve as both chairman and treasurer of any political committee. A candidate who administers his own campaign contributions and expenditures shall be deemed a political committee for purposes of this Article and shall designate himself as chairman, treasurer, or both chairman and treasurer of such political committee. The treasurer of a political committee shall be responsible for keeping the records and filing the statements and reports required by this Article.
    No contribution and no expenditure shall be accepted or made by or on behalf of a political committee at a time when there is a vacancy in the office of chairman or treasurer thereof. No expenditure shall be made for or on behalf of a political committee without the authorization of its chairman or treasurer, or their designated agents.
(Source: P.A. 80‑756.)

    (10 ILCS 5/9‑3)(from Ch. 46, par. 9‑3)
    Sec. 9‑3. Every state political committee and every local political committee shall file with the State Board of Elections, and every local political committee shall file with the county clerk, a statement of organization within 10 business days of the creation of such committee, except any political committee created within the 30 days before an election shall file a statement of organization within 5 business days. A political committee that acts as both a state political committee and a local political committee shall file a copy of each statement of organization with the State Board of Elections and the county clerk. The Board shall impose a civil penalty of $25 per business day upon political committees for failing to file or late filing of a statement of organization, except that for committees formed to support candidates for statewide office, the civil penalty shall be $50 per business day. Such penalties shall not exceed $5,000, and shall not exceed $10,000 for statewide office political committees. There shall be no fine if the statement is mailed and postmarked at least 72 hours prior to the filing deadline.
    In addition to the civil penalties authorized by this Section, the State Board of Elections or any other affected political committee may apply to the circuit court for a temporary restraining order or a preliminary or permanent injunction against the political committee to cease the expenditure of funds and to cease operations until the statement of organization is filed.
    For the purpose of this Section, "statewide office" means the Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, and State Comptroller.
    The statement of organization shall include ‑
    (a) the name and address of the political committee (the name of the political committee must include the name of any sponsoring entity);
    (b) the scope, area of activity, party affiliation, candidate affiliation and his county of residence, and purposes of the political committee;
    (c) the name, address, and position of each custodian of the committee's books and accounts;
    (d) the name, address, and position of the committee's principal officers, including the chairman, treasurer, and officers and members of its finance committee, if any;
    (e) (Blank);
    (f) a statement of what specific disposition of residual fund will be made in the event of the dissolution or termination of the committee;
    (g) a listing of all banks or other financial institutions, safety deposit boxes, and any other repositories or custodians of funds used by the committee;
    (h) the amount of funds available for campaign expenditures as of the filing date of the committee's statement of organization.
    For purposes of this Section, a "sponsoring entity" is (i) any person, political committee, organization, corporation, or association that contributes at least 33% of the total funding of the political committee or (ii) any person or other entity that is registered or is required to register under the Lobbyist Registration Act and contributes at least 33% of the total funding of the political committee; except that a political committee is not a "sponsoring entity" for purposes of this Section if it is a political committee organized by (i) an established political party as defined in Section 10‑2, (ii) a partisan caucus of either house of the General Assembly, or (iii) the Speaker or Minority Leader of the House of Representatives or the President or Minority Leader of the Senate, in his or her capacity as a legislative leader of the House of Representatives or Senate and not as a candidate for Representative or Senator.
(Source: P.A. 93‑574, eff. 8‑21‑03; 93‑615, eff. 11‑19‑03; 94‑645, eff. 8‑22‑05.)

    (10 ILCS 5/9‑4) (from Ch. 46, par. 9‑4)
    Sec. 9‑4. The statement of organization required by this Article to be filed in accordance with Section 9‑3 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, and shall contain substantially the following:
STATEMENT OF ORGANIZATION     (a) name and address of the political committee:
..............................................................

    (b) scope, area of activity, party affiliation, candidate affiliation and his county of residence, and purposes of the political committee:
..............................................................
..............................................................
..............................................................
..............................................................

    (c) name, address, and position of each custodian of the committee's books and accounts:
..............................................................
..............................................................

    (d) name, address, and position of the committee's principal officers, including the chairman, treasurer, and officers and members of its finance committee, if any:
..............................................................
..............................................................
..............................................................

    (e)   a statement of what specific disposition of residual funds will be made in the event of the dissolution or termination of the committee:
..............................................................
..............................................................

    (f)   a listing of all banks or other financial institutions, safety deposit boxes, and any other repositories or custodians of funds used by the committee:
..............................................................
..............................................................

    (g)   the amount of funds available for campaign expenditures as of the filing date of the committee's statement of organization:
..............................................................

VERIFICATION:     "I declare that this statement of organization (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of organization as required by Article 9 of The Election Code. I understand that willfully filing a false or incomplete statement is a business offense subject to a fine of at least $1,001 and up to $5,000 ."
................  ..........................................
(date of filing)  (signature of person making the statement)
(Source: P.A. 93‑615, eff. 11‑19‑03.)

    (10 ILCS 5/9‑5) (from Ch. 46, par. 9‑5)
    Sec. 9‑5. Any change in information previously submitted in a statement of organization except for information submitted under Section 9‑3 (h) shall be reported, as required of statements of organization by Section 9‑3 of this Article, within 10 days following such change.
    Any political committee which, after having filed a statement of organization, dissolves as a political committee or determines that it will no longer receive any campaign contributions nor make any campaign expenditures shall notify the Board, or the Board and the county clerk, as required of statements of organization by Section 9‑3 of this Article, of that fact and file with the Board, or the Board and the county clerk, as required of statements of organization by Section 9‑3 of this Article, a final report with respect to its contributions and expenditures, including the final disposition of its funds and assets.
    In the event that a political committee dissolves, all contributions in its possession, after payment of the committee's outstanding liabilities, including staff salaries, shall be refunded to the contributors in amounts not exceeding their individual contributions, or transferred to other political or charitable organizations consistent with the positions of the committee or the candidates it represented. In no case shall these funds be used for the personal aggrandizement of any committee member or campaign worker.
(Source: P.A. 90‑495, eff. 1‑1‑98.)

    (10 ILCS 5/9‑6) (from Ch. 46, par. 9‑6)
    Sec. 9‑6. Accounting for contributions.
    (a) Every person who receives a contribution in excess of $20 for a political committee shall, on demand of the treasurer, and in any event within 5 days after receipt of such contribution, render to the treasurer a detailed account thereof, including the amount, the name and address of the person making such contribution, and the date on which it was received.
    (b) Within 5 business days of contributing goods or services of more than $50 value to a political committee, the contributor shall certify the value of the contribution to the political committee on forms prescribed by the State Board of Elections. The forms shall include the name and address of the contributor, a description and market value of the goods or services, and the date on which the contribution was made.
    (c) All funds of a political committee shall be segregated from, and may not be commingled with, any personal funds of officers, members, or associates of such committee.
(Source: P.A. 90‑737, eff. 1‑1‑99.)

    (10 ILCS 5/9‑7) (from Ch. 46, par. 9‑7)
    Sec. 9‑7. The treasurer of a political committee shall keep a detailed and exact account of‑
    (a) the total of all contributions made to or for the committee;
    (b) the full name and mailing address of every person making a contribution in excess of $20 and the date and amount thereof;
    (c) the total of all expenditures made by or on behalf of the committee;
    (d) the full name and mailing address of every person to whom any expenditure in excess of $20 is made, and the date and amount thereof;
    (e) proof of payment, stating the particulars, for every expenditure in excess of $20 made by or on behalf of the committee.
    The treasurer shall preserve all records and accounts required by this section for a period of 2 years.
(Source: P.A. 79‑293.)

    (10 ILCS 5/9‑7.5)
    Sec. 9‑7.5. Nonprofit organization registration and disclosure.
    (a) Each nonprofit organization, except for a labor union, that accepts contributions, makes contributions, or makes expenditures during any 12‑month period in an aggregate amount exceeding $5,000 (I) on behalf of or in opposition to public officials, candidates for public office, or a question of public policy or (II) for electioneering communications shall register with the State Board of Elections. The Board by rule shall prescribe the registration procedure and form. The registration form shall require the following information:
        (1) The registrant's name, address, and purpose.
        (2) The name, address, and position of each
    
custodian of the registrant's financial books, accounts, and records.
        (3) The name, address, and position of each of the
    
registrant's principal officers.
    (b) Each nonprofit organization required to register under subsection (a) shall file contribution and expenditure reports with the Board. The Board by rule shall prescribe the form, which shall require the following information:
        (1) The organization's name, address, and purpose.
        (2) The amount of funds on hand at the beginning of
    
the reporting period.
        (3) The full name and address of each person who has
    
made one or more contributions to or for the organization within the reporting period in an aggregate amount or value in excess of $150, together with the amount and date of the contributions, and if a contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the organization has made a good faith effort to ascertain this information.
        (4) The total sum of individual contributions made
    
to or for the organization during the reporting period and not reported in item (3).
        (5) The name and address of each organization and
    
political committee from which the reporting organization received, or to which that organization made, any transfer of funds in an aggregate amount or value in excess of $150, together with the amounts and dates of the transfers.
        (6) The total sum of transfers made to or from the
    
organization during the reporting period and not reported in item (5).
        (7) Each loan to or from any person within the
    
reporting period by or to the organization in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of the loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of the individual or, if the occupation and employer of the individual are unknown, a statement that the organization has made a good faith effort to ascertain this information.
        (8) The total amount of proceeds received by the
    
organization from (i) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fundraising event, (ii) mass collections made at those events, and (iii) sales of items such as buttons, badges, flags, emblems, hats, banners, literature, and similar materials.
        (9) Each contribution, rebate, refund, or other
    
receipt in excess of $150 received by the organization not otherwise listed under items (3) through (8), and if a contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the organization has made a good faith effort to ascertain this information.
        (10) The total sum of all receipts by or for the
    
organization during the reporting period.
        (11) The full name and mailing address of each
    
person to whom expenditures have been made by the organization within the reporting period in an aggregate amount or value in excess of $150, the amount, date, and purpose of each expenditure, and the question of public policy on behalf of which the expenditure was made.
        (12) The full name and mailing address of each
    
person to whom an expenditure for personal services, salaries, and reimbursed expenses in excess of $150 has been made and which is not otherwise reported, including the amount, date, and purpose of the expenditure.
        (13) The total sum of expenditures made by the
    
organization during the reporting period.
        (14) The full name and mailing address of each
    
person to whom the organization owes debts or obligations in excess of $150 and the amount of the debts or obligations.
    The State Board by rule shall define a "good faith effort".
    (c) The reports required under subsection (b) shall be filed at the same times and for the same reporting periods as reports of campaign contributions and semi‑annual reports of campaign contributions and expenditures required by this Article of political committees. The reports required under subsection (b) shall be available for public inspection and copying in the same manner as reports filed by political committees. The Board may charge a fee that covers the costs of copying and distribution, if any.
    (d) An organization required to file reports under subsection (b) shall include a statement on all literature and advertisements soliciting funds stating the following:
    "A copy of our report filed with the State Board of Elections is (or will be) available for purchase from the State Board of Elections, Springfield, Illinois".
(Source: P.A. 94‑645, eff. 8‑22‑05.)

    (10 ILCS 5/9‑8) (from Ch. 46, par. 9‑8)
    Sec. 9‑8. Any political committee which solicits or receives contributions or makes expenditures on behalf of any candidate that is not authorized in writing by such candidate to do so shall include a notice on the face or front page of all literature and advertisements published and following all commercials broadcast, in connection with such candidate's campaign by such committee or on its behalf stating that the committee is not authorized by such candidate and that such candidate is not responsible for the activities of such committee.
(Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑8.10)
    Sec. 9‑8.10. Use of political committee and other reporting organization funds.
    (a) A political committee, or organization subject to Section 9‑7.5, shall not make expenditures:
        (1) In violation of any law of the United States or
    
of this State.
        (2) Clearly in excess of the fair market value of the
    
services, materials, facilities, or other things of value received in exchange.
        (3) For satisfaction or repayment of any debts other
    
than loans made to the committee or to the public official or candidate on behalf of the committee or repayment of goods and services purchased by the committee under a credit agreement. Nothing in this Section authorizes the use of campaign funds to repay personal loans. The repayments shall be made by check written to the person who made the loan or credit agreement. The terms and conditions of any loan or credit agreement to a committee shall be set forth in a written agreement, including but not limited to the method and amount of repayment, that shall be executed by the chairman or treasurer of the committee at the time of the loan or credit agreement. The loan or agreement shall also set forth the rate of interest for the loan, if any, which may not substantially exceed the prevailing market interest rate at the time the agreement is executed.
        (4) For the satisfaction or repayment of any debts or
    
for the payment of any expenses relating to a personal residence. Campaign funds may not be used as collateral for home mortgages.
        (5) For clothing or personal laundry expenses, except
    
clothing items rented by the public official or candidate for his or her own use exclusively for a specific campaign‑related event, provided that committees may purchase costumes, novelty items, or other accessories worn primarily to advertise the candidacy.
        (6) For the travel expenses of any person unless the
    
travel is necessary for fulfillment of political, governmental, or public policy duties, activities, or purposes.
        (7) For membership or club dues charged by
    
organizations, clubs, or facilities that are primarily engaged in providing health, exercise, or recreational services; provided, however, that funds received under this Article may be used to rent the clubs or facilities for a specific campaign‑related event.
        (8) In payment for anything of value or for
    
reimbursement of any expenditure for which any person has been reimbursed by the State or any person. For purposes of this item (8), a per diem allowance is not a reimbursement.
        (9) For the purchase of or installment payment for a
    
motor vehicle unless the political committee can demonstrate that purchase of a motor vehicle is more cost‑effective than leasing a motor vehicle as permitted under this item (9). A political committee may lease or purchase and insure, maintain, and repair a motor vehicle if the vehicle will be used primarily for campaign purposes or for the performance of governmental duties. A committee shall not make expenditures for use of the vehicle for non‑campaign or non‑governmental purposes. Persons using vehicles not purchased or leased by a political committee may be reimbursed for actual mileage for the use of the vehicle for campaign purposes or for the performance of governmental duties. The mileage reimbursements shall be made at a rate not to exceed the standard mileage rate method for computation of business expenses under the Internal Revenue Code.
        (10) Directly for an individual's tuition or other
    
educational expenses, except for governmental or political purposes directly related to a candidate's or public official's duties and responsibilities.
        (11) For payments to a public official or candidate
    
or his or her family member unless for compensation for services actually rendered by that person. The provisions of this item (11) do not apply to expenditures by a political committee in an aggregate amount not exceeding the amount of funds reported to and certified by the State Board or county clerk as available as of June 30, 1998, in the semi‑annual report of contributions and expenditures filed by the political committee for the period concluding June 30, 1998.
    (b) The Board shall have the authority to investigate, upon receipt of a verified complaint, violations of the provisions of this Section. The Board may levy a fine on any person who knowingly makes expenditures in violation of this Section and on any person who knowingly makes a malicious and false accusation of a violation of this Section. The Board may act under this subsection only upon the affirmative vote of at least 5 of its members. The fine shall not exceed $500 for each expenditure of $500 or less and shall not exceed the amount of the expenditure plus $500 for each expenditure greater than $500. The Board shall also have the authority to render rulings and issue opinions relating to compliance with this Section.
    (c) Nothing in this Section prohibits the expenditure of funds of (i) a political committee controlled by an officeholder or by a candidate or (ii) an organization subject to Section 9‑7.5 to defray the customary and reasonable expenses of an officeholder in connection with the performance of governmental and public service functions.
(Source: P.A. 93‑615, eff. 11‑19‑03; 93‑685, eff. 7‑8‑04.)

    (10 ILCS 5/9‑8.15)
    Sec. 9‑8.15. Contributions on State property. In addition to any other provision of this Code, the solicitation, acceptance, offer, and making of contributions on State property by public officials, State employees, candidates for elective office, and others are subject to the State Officials and Employees Ethics Act. If a political committee receives and retains a contribution that is in violation of Section 5‑35 of the State Officials and Employees Ethics Act, then the State Board may impose a civil penalty upon that political committee in an amount equal to 100% of that contribution.
(Source: P.A. 93‑615, eff. 11‑19‑03.)

    (10 ILCS 5/9‑9) (from Ch. 46, par. 9‑9)
    Sec. 9‑9. Any State political committee shall include on all literature and advertisements soliciting funds the following notice:
    "A copy of our report filed with the State Board of Elections is (or will be) available for purchase from the State Board of Elections, Springfield, Illinois."
    Any local political committee shall include on all literature and advertisements soliciting funds the following notice:
    "A copy of our report filed with the county clerk is (or will be) available for purchase from the county clerk, (county clerk's address), Illinois."
    Any political committee that acts as both a state political committee and a local political committee shall include on all literature and advertisements soliciting funds the following notice:
    "A copy of our report filed with the State Board of Elections and the county clerk is (or will be) available for purchase from the State Board of Elections, Springfield, Illinois, and from the county clerk, (county clerk's address), Illinois."
(Source: P.A. 83‑259.)

    (10 ILCS 5/9‑9.5)
    Sec. 9‑9.5. Disclosures in political communications.
    (a) Any political committee, organized under the Election Code, that makes an expenditure for a pamphlet, circular, handbill, Internet or telephone communication, radio, television, or print advertisement, or other communication directed at voters and mentioning the name of a candidate in the next upcoming election shall ensure that the name of the political committee paying for any part of the communication, including, but not limited to, its preparation and distribution, is identified clearly within the communication as the payor. This subsection does not apply to items that are too small to contain the required disclosure. Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.
    Whenever any vendor or other person provides any of the services listed in this subsection, other than any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy, the vendor or person shall keep and maintain records showing the name and address of the person who purchased or requested the services and the amount paid for the services. The records required by this subsection shall be kept for a period of one year after the date upon which payment was received for the services.
    (b) Any political committee, organized under this Code, that makes an expenditure for a pamphlet, circular, handbill, Internet or telephone communication, radio, television, or print advertisement, or other communication directed at voters and (i) mentioning the name of a candidate in the next upcoming election, without that candidate's permission, and (ii) advocating for or against a public policy position shall ensure that the name of the political committee paying for any part of the communication, including, but not limited to, its preparation and distribution, is identified clearly within the communication. Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.
    (c) A political committee organized under this Code shall not make an expenditure for any unsolicited telephone call to the line of a residential telephone customer in this State using any method to block or otherwise circumvent that customer's use of a caller identification service.
(Source: P.A. 93‑615, eff. 11‑19‑03; 93‑847, eff. 7‑30‑04; 94‑645, eff. 8‑22‑05; 94‑1000, eff. 7‑3‑06.)

    (10 ILCS 5/9‑10)(from Ch. 46, par. 9‑10)
    Sec. 9‑10. Financial reports.
    (a) The treasurer of every state political committee and the treasurer of every local political committee shall file with the Board, and the treasurer of every local political committee shall file with the county clerk, reports of campaign contributions, and semi‑annual reports of campaign contributions and expenditures on forms to be prescribed or approved by the Board. The treasurer of every political committee that acts as both a state political committee and a local political committee shall file a copy of each report with the State Board of Elections and the county clerk. Entities subject to Section 9‑7.5 shall file reports required by that Section at times provided in this Section and are subject to the penalties provided in this Section.
    (b) Reports of campaign contributions shall be filed no later than the 15th day next preceding each election including a primary election in connection with which the political committee has accepted or is accepting contributions or has made or is making expenditures. Such reports shall be complete as of the 30th day next preceding each election including a primary election. The Board shall assess a civil penalty not to exceed $5,000 for a violation of this subsection, except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. The fine, however, shall not exceed $500 for a first filing violation for filing less than 10 days after the deadline. There shall be no fine if the report is mailed and postmarked at least 72 hours prior to the filing deadline. For the purpose of this subsection, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. However, a continuing political committee that does not make expenditures in excess of $500 on behalf of or in opposition to any candidate or public question on the ballot at an election shall not be required to file the reports heretofore prescribed but may file in lieu thereof a Statement of Nonparticipation in the Election with the Board or the Board and the county clerk; except that if the political committee, by the terms of its statement of organization filed in accordance with this Article, is organized to support or oppose a candidate or public question on the ballot at the next election or primary, that committee must file reports required by this subsection (b) and by subsection (b‑5).
    (b‑5) Notwithstanding the provisions of subsection (b) and Section 1.25 of the Statute on Statutes, any contribution of more than $500 received in the interim between the last date of the period covered by the last report filed under subsection (b) prior to the election and the date of the election shall be filed with and must actually be received by the State Board of Elections within 2 business days after receipt of such contribution. The State Board shall allow filings of reports of contributions of more than $500 under this subsection (b‑5) by political committees that are not required to file electronically to be made by facsimile transmission. For the purpose of this subsection, a contribution is considered received on the date the public official, candidate, or political committee (or equivalent person in the case of a reporting entity other than a political committee) actually receives it or, in the case of goods or services, 2 business days after the date the public official, candidate, committee, or other reporting entity receives the certification required under subsection (b) of Section 9‑6. Failure to report each contribution is a separate violation of this subsection. In the final disposition of any matter by the Board on or after the effective date of this amendatory Act of the 93rd General Assembly, the Board may impose fines for violations of this subsection not to exceed 100% of the total amount of the contributions that were untimely reported, but in no case when a fine is imposed shall it be less than 10% of the total amount of the contributions that were untimely reported. When considering the amount of the fine to be imposed, the Board shall consider, but is not limited to, the following factors:
        (1) whether in the Board's opinion the violation was
    
committed inadvertently, negligently, knowingly, or intentionally;
        (2) the number of days the contribution was reported
    
late; and
        (3) past violations of Sections 9‑3 and 9‑10 of this
    
Article by the committee.
    (c) In addition to such reports the treasurer of every political committee shall file semi‑annual reports of campaign contributions and expenditures no later than July 31st, covering the period from January 1st through June 30th immediately preceding, and no later than January 31st, covering the period from July 1st through December 31st of the preceding calendar year. Reports of contributions and expenditures must be filed to cover the prescribed time periods even though no contributions or expenditures may have been received or made during the period. The Board shall assess a civil penalty not to exceed $5,000 for a violation of this subsection, except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. The fine, however, shall not exceed $500 for a first filing violation for filing less than 10 days after the deadline. There shall be no fine if the report is mailed and postmarked at least 72 hours prior to the filing deadline. For the purpose of this subsection, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer.
    (c‑5) A political committee that acts as either (i) a State and local political committee or (ii) a local political committee and that files reports electronically under Section 9‑28 is not required to file copies of the reports with the appropriate county clerk if the county clerk has a system that permits access to, and duplication of, reports that are filed with the State Board of Elections. A State and local political committee or a local political committee shall file with the county clerk a copy of its statement of organization pursuant to Section 9‑3.
    (d) A copy of each report or statement filed under this Article shall be preserved by the person filing it for a period of two years from the date of filing.
(Source: P.A. 93‑574, eff. 8‑21‑03; 93‑615, eff. 11‑19‑03; 94‑645, eff. 8‑22‑05.)

    (10 ILCS 5/9‑11) (from Ch. 46, par. 9‑11)
    Sec. 9‑11. Each report of campaign contributions under Section 9‑10 shall disclose‑
    (1) the name and address of the political committee;
    (2) (Blank);
    (3) the amount of funds on hand at the beginning of the reporting period;
    (4) the full name and mailing address of each person who has made one or more contributions to or for such committee within the reporting period in an aggregate amount or value in excess of $150, together with the amount and date of such contributions, and if a contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information;
    (5) the total sum of individual contributions made to or for such committee during the reporting period and not reported under item (4);
    (6) the name and address of each political committee from which the reporting committee received, or to which that committee made, any transfer of funds, in any aggregate amount or value in excess of $150, together with the amounts and dates of all transfers;
    (7) the total sum of transfers made to or from such committee during the reporting period and not reported under item (6);
    (8) each loan to or from any person within the reporting period by or to such committee in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of such loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of that individual, or if the occupation and employer of the individual are unknown, a statement that the committee has made a good faith effort to ascertain this information;
    (9) the total amount of proceeds received by such committee from (a) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fund‑raising events; (b) mass collections made at such events; and (c) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials;
    (10) each contribution, rebate, refund, or other receipt in excess of $150 received by such committee not otherwise listed under items (4) through (9), and if a contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information;
    (11) the total sum of all receipts by or for such committee or candidate during the reporting period.
    The Board shall by rule define a "good faith effort".
    The reports of campaign contributions filed under this Article shall be cumulative during the reporting period to which they relate.
(Source: P.A. 90‑495, eff. 1‑1‑98; 90‑737, eff. 1‑1‑99.)

    (10 ILCS 5/9‑12) (from Ch. 46, par. 9‑12)
    Sec. 9‑12. Each report of campaign contributions required by Section 9‑10 of this Article to be filed with the Board or the Board and the county clerk shall be verified, dated, and signed by either the treasurer of the political committee making the report or the candidate on whose behalf the report is made, and shall contain substantially the following:
REPORT OF CAMPAIGN CONTRIBUTIONS (1) name and address of the political committee:
..............................................................
(2) the date of the beginning of the reporting period, and the amount of funds on hand at the beginning of the reporting period:
..............................................................
(3) the full name and mailing address of each person who has made one or more contributions to or for the committee within the reporting period in an aggregate amount or value in excess of $150, together with the amount and date of such contributions, and if a contributor is an individual who contributed more than $500, the occupation and employer of each contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information:
nameaddressamountdateoccupationemployer
.......................................
.......................................
.......................................
.......................................
.......................................
(4) the total sum of individual contributions made to or for the committee during the reporting period and not reported under item (3) ‑
..............................................................
(5) the name and address of each political committee from which the reporting committee received, or to which that committee made, any transfer of funds, in an aggregate amount or value in excess of $150, together with the amounts and dates of all transfers:
nameaddressamountdate
........................................
........................................
........................................
(6) the total sum of transfers made to or from such committee during the reporting period and not under item (5):
...............
(7) each loan to or from any person within the reporting period by or to the committee in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of such loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of each person making the loan, or if the occupation and employer of the individual are unknown, a statement that the committee has made a good faith effort to ascertain this information:
(8) the total amount of proceeds received by the committee from (a) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fund‑raising events; (b) mass collections made at such events; and (c) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials:
(a)............
(b)............
(c)............
(9) each contribution, rebate, refund, or other receipt in excess of $150 received by the committee not otherwise listed under items (3) through (8), and if the contributor is an individual who contributed more than $500, the occupation and employer of each contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information:
nameaddressamountdateoccupationemployer
.......................................
.......................................
(10) the total sum of all receipts by or for the committee during the reporting period:
..............................................................
VERIFICATION:
    "I declare that this report of campaign contributions (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete report as required by Article 9 of The Election Code. I understand that willfully filing a false or incomplete statement is a business offense subject to a fine of up to $5,000."
..............................................................
(date of filing)       (signature of person making the report)
(Source: P.A. 90‑495, eff. 1‑1‑98; 90‑737, eff. 1‑1‑99.)

    (10 ILCS 5/9‑13) (from Ch. 46, par. 9‑13)
    Sec. 9‑13. Each semi‑annual report of campaign contributions and expenditures under Section 9‑10 shall disclose‑
    (1) the name and address of the political committee;
    (2) (Blank);
    (3) the amount of funds on hand at the beginning of the reporting period;
    (4) the full name and mailing address of each person who has made one or more contributions to or for such committee within the reporting period in an aggregate amount or value in excess of $150, together with the amount and date of such contributions, and if the contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information;
    (5) the total sum of individual contributions made to or for such committee during the reporting period and not reported under item (4);
    (6) the name and address of each political committee from which the reporting committee received, or to which that committee made, any transfer of funds, in the aggregate amount or value in excess of $150, together with the amounts and dates of all transfers;
    (7) the total sum of transfers made to or from such committee during the reporting period and not reported under item (6);
    (8) each loan to or from any person within the reporting period by or to such committee in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of such loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of that individual, or if the occupation and employer of the individual are unknown, a statement that the committee has made a good faith effort to ascertain this information;
    (9) the total amount of proceeds received by such committee from (a) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fund‑raising events; (b) mass collections made at such events; and (c) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials;
    (10) each contribution, rebate, refund, or other receipt in excess of $150 received by such committee not otherwise listed under items (4) through (9), and if the contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information;
    (11) the total sum of all receipts by or for such committee or candidate during the reporting period;
    (12) the full name and mailing address of each person to whom expenditures have been made by such committee or candidate within the reporting period in an aggregate amount or value in excess of $150, the amount, date, and purpose of each such expenditure and the question of public policy or the name and address of, and office sought by, each candidate on whose behalf such expenditure was made;
    (13) the full name and mailing address of each person to whom an expenditure for personal services, salaries, and reimbursed expenses in excess of $150 has been made, and which is not otherwise reported, including the amount, date, and purpose of such expenditure;
    (14) the total sum of expenditures made by such committee during the reporting period;
    (15) the full name and mailing address of each person to whom the committee owes debts or obligations in excess of $150, and the amount of such debts or obligations.
    The Board shall by rule define a "good faith effort".
(Source: P.A. 90‑495, eff. 1‑1‑98; 90‑737, eff. 1‑1‑99.)

    (10 ILCS 5/9‑14) (from Ch. 46, par. 9‑14)
    Sec. 9‑14. Each semi‑annual report of campaign contributions and expenditures required by Section 9‑10 of this Article to be filed with the Board or the Board and the county clerk shall be verified, dated, and signed by either the treasurer of the political committee making the report or the candidate on whose behalf the report is made, and shall contain substantially the following:
SEMI‑ANNUAL REPORT OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES (1) name and address of the political committee:
..............................................................
(2) the date of the beginning of the reporting period, and the amount of funds on hand at the beginning of the reporting period;
..............................................................
(3) the full name and mailing address of each person who has made one or more contributions to or for the committee within the reporting period in an aggregate amount or value in excess of $150, together with the amount and date of such contributions, and if a contributor is an individual who contributed more than $500, the occupation and employer of each contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information:
nameaddressamountdateoccupationemployer
.......................................
.......................................
.......................................
.......................................
.......................................
(4) the total sum of individual contributions made to or for the committee during the reporting period and not reported under item‑‑(3):
..............................................................
(5) the name and address of each political committee from which the reporting committee received, or to which that committee made, any transfer of funds, in an aggregate amount or value in excess of $150, together with the amounts and dates of all transfers:
nameaddressamountdate
........................................
........................................
........................................
(6) the total sum of transfers made to or from such committee during the reporting period and not reported under item (5);
(7) each loan to or from any person within the reporting period by or to the committee in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of such loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of each person making the loan, or if the occupation and employer of the individual are unknown, a statement that the committee has made a good faith effort to ascertain this information:
nameaddressamountdateendorsersoccupationemployer
................................................
................................................
................................................
(8) the total amount of proceeds received by the committee from (a) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fund‑raising events; (b) mass collections made at such events; and (c) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials:
(a)...........................................................
(b)...........................................................
(c)...........................................................
(9) each contribution, rebate, refund, or other receipt in excess of $150 received by the committee not otherwise listed under items (3) through (8), and if a contributor is an individual who contributed more than $500, the occupation and employer of each contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information:
nameaddressamountdateendorsersoccupationemployer
................................................
................................................
................................................
(10) the total sum of all receipts by or for the committee during the reporting period:
..............................................................
(11) the full name and mailing address of each person to whom expenditures have been made by the committee within the reporting period in an aggregate amount or value in excess of $150, the amount, date, and purpose of each such expenditure, and the question of public policy or the name and address of, and office sought by, each candidate on whose behalf the expenditure was made:
nameaddressamountdatepurposebeneficiary
.............................................
.............................................
.............................................
.............................................
.............................................
(12) the full name and mailing address of each person to whom an expenditure for personal services, salaries, and reimbursed expenses in excess of $150 has been made, and which is not otherwise reported, including the amount, date, and purpose of such expenditure:
nameaddressamountdatepurpose
..............................................
..............................................
..............................................
(13) the total sum of expenditures made by the committee during the reporting period;
..............................................................
(14) the full name and mailing address of each person to whom the committee owes debts or obligations in excess of $150, and the amount of such debts or obligations:
..............................................................
..............................................................
VERIFICATION:
    "I declare that this semi‑annual report of campaign contributions and expenditures (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete report as required by Article 9 of The Election Code. I understand that willfully filing a false or incomplete report is a business offense subject to a fine of up to $5,000."
................       .......................................
(date of filing)       (signature of person making the report)
(Source: P.A. 90‑495, eff. 1‑1‑98; 90‑737, eff. 1‑1‑99.)

    (10 ILCS 5/9‑15) (from Ch. 46, par. 9‑15)
    Sec. 9‑15. It shall be the duty of the Board‑
    (1) to develop prescribed forms for notice to political committees of their obligations under this Article and for identification of persons examining statements or reports filed under this Article, and to supply such forms, and the forms for filing statements of organization, reports of campaign contributions, and annual reports of campaign contributions and expenditures to the appropriate persons and election authorities;
    (2) to prepare, publish, and furnish to the appropriate persons and election authorities a manual of instructions setting forth recommended uniform methods of bookkeeping and reporting under this Article;
    (3) to prescribe suitable rules and regulations to carry out the provisions of this Article. Such rules and regulations shall be published and made available to the public at reasonable cost. The Board may determine which of its prescribed rules and regulations shall be binding on the county clerks in carrying out their duties under this Article;
    (4) to send by first class mail, after the general primary election in even numbered years, to the chairman of each regularly constituted State central committee, county central committee and, in counties with a population of more than 3,000,000, to the committeemen of each township and ward organization of each political party notice of their obligations under this Article, along with a form for filing the statement of organization.
(Source: P.A. 86‑873.)

    (10 ILCS 5/9‑16) (from Ch. 46, par. 9‑16)
    Sec. 9‑16. It shall be the duty of the board and of each county clerk‑
    (1) to make the reports and statements filed with them available for public inspection and copying, commencing as soon as practicable but not later than the end of the second day following the day during which it was received, and to permit copying of any such report or statement by hand or at cost by duplicating machine, as requested by any person, at the expense of such person;
    (2) to preserve such reports and statements for a period of 2 years from the date of receipt;
    (3) to develop a filing, coding, and cross‑indexing system consonant with the purposes of this Article;
    (4) to compile and maintain a current list of all statements or parts of statements pertaining to each candidate;
    (5) to prepare and publish such reports as the board or county clerk may deem appropriate;
    (6) to report apparent violations of law to the appropriate law enforcement authorities; and
    (7) to provide to each candidate at the time he files his nomination papers a notice of obligations under this Article. Said notice shall state that the manual of instructions and forms for the statements required to be filed under this Article are available from the Board or the county clerk upon request. Said notice shall be given each candidate by the Board or county clerk and the candidate shall receipt therefor. However, if a candidate files his nomination papers by mail or if an agent of the candidate files nomination papers on behalf of the candidate, the Board or the county clerk shall within 2 business days of the day and hour endorsed on the petition send such notice to the candidate by first class mail. Such notice shall briefly outline who is required to file under the campaign disclosure law and the penalties for failure to file.
    Thereafter, at least 30 days before each filing date for reports of campaign contributions and for semi‑annual reports of campaign contributions and expenditures, the Board shall send by first class mail to each political committee that has filed a statement of organization with the Board or the Board and the county clerk, a notice of obligations under this Article, and appropriate forms for filing the report. The notice shall contain a statement that the manual of instructions is available from the Board or the county clerk upon request.
    The board or the appropriate clerk shall preserve the receipts for said packets and notices for a period of 2 years from the date of receipt.
(Source: P.A. 86‑873.)

    (10 ILCS 5/9‑17) (from Ch. 46, par. 9‑17)
    Sec. 9‑17. All statements and reports filed under this Article with the board or county clerk shall be available for examination and copying by the public at all reasonable times.
    Any person who alters or falsifies information on a copy of a statement or report obtained from the State Board of Elections or the county clerk pursuant to Article 9 of this Code and publishes, circulates or distributes such altered or falsified information with the intent to misrepresent contributions received or expenditures made by a candidate or political committee shall be guilty of a Class B misdemeanor.
    Any person who shall sell or utilize information copied from statements and reports filed with the State Board of Elections or the county clerk pursuant to Article 9 of this Code for the purpose of soliciting contributions or for the purpose of business solicitation shall be guilty of a Class B misdemeanor.
(Source: P.A. 90‑495, eff. 8‑17‑97.)

    (10 ILCS 5/9‑18) (from Ch. 46, par. 9‑18)
    Sec. 9‑18. The Board may hold investigations, inquiries, and hearings concerning any matter covered by this Article, subject to such rules and regulations as the Board may establish. In the process of holding such investigations, inquiries, and hearings, the Board may administer oaths and affirmations, certify to all official acts, issue subpoenas to be authorized by a vote of 5 members of the Board, compel the attendance and testimony of witnesses, and the production of papers, books, accounts, and documents. Hearings conducted by the Board shall be open to the public.
(Source: P.A. 81‑1117.)

    (10 ILCS 5/9‑19) (from Ch. 46, par. 9‑19)
    Sec. 9‑19. The Board may hire such investigators, examiners, and hearing officers as may be necessary to carry out its functions under this Article, and may by regulation delegate any of its duties or functions under Sections 9‑18 and 9‑21 of this Article to such persons, except that final judgments and orders shall be issued only by the Board. Reports of violations under Section 9‑23 shall be made only by the Board.
(Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑20) (from Ch. 46, par. 9‑20)
    Sec. 9‑20. Any person who believes a violation of this Article has occurred may file a verified complaint with the Board. Such verified complaint shall be directed to a candidate or the chairman or treasurer of a political committee, and shall be subject to the following requirements:
    (1) The complaint shall be in writing.
    (2) The complaint shall state the name of the candidate or chairman or treasurer of a political committee against whom the complaint is directed.
    (3) The complaint shall state the statutory provisions which are alleged to have been violated.
    (4) The complaint shall state the time, place, and nature of the alleged offense.
    The complaint shall be verified, dated, and signed by the person filing the complaint in substantially the following manner: VERIFICATION:
    "I declare that this complaint (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true and correct complaint as required by Article 9 of The Election Code. I understand that the penalty for willfully filing a false complaint shall be a fine not to exceed $500 or imprisonment in a penal institution other than the penitentiary not to exceed 6 months, or both fine and imprisonment."
..............................................................
(date of filing)
(signature of person filing the complaint) (Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑21) (from Ch. 46, par. 9‑21)
    Sec. 9‑21. Upon receipt of such complaint, the Board shall hold a closed preliminary hearing to determine whether or not the complaint appears to have been filed on justifiable grounds. Such closed preliminary hearing shall be conducted as soon as practicable after affording reasonable notice, a copy of the complaint, and an opportunity to testify at such hearing to both the person making the complaint and the person against whom the complaint is directed. If the Board fails to determine that the complaint has been filed on justifiable grounds, it shall dismiss the complaint without further hearing.
    Whenever in the judgment of the Board, after affording due notice and an opportunity for a public hearing, any person has engaged or is about to engage in an act or practice which constitutes or will constitute a violation of any provision of this Article or any regulation or order issued thereunder, the Board shall issue an order directing such person to take such action as the Board determines may be necessary in the public interest to correct the violation. In addition, if the act or practice engaged in consists of the failure to file any required report within the time prescribed by this Article, the Board, as part of its order, shall further provide that if, within the 12‑month period following the issuance of the order, such person fails to file within the time prescribed by this Article any subsequent report as may be required, such person may be subject to a civil penalty pursuant to Section 9‑23. The Board shall render its final judgment within 60 days of the date the complaint is filed; except that during the 60 days preceding the date of the election in reference to which the complaint is filed, the Board shall render its final judgment within 7 days of the date the complaint is filed, and during the 7 days preceding such election, the Board shall render such judgment before the date of such election, if possible.
    At any time prior to the issuance of the Board's final judgment, the parties may dispose of the complaint by a written stipulation, agreed settlement or consent order. Any such stipulation, settlement or order shall, however, be submitted in writing to the Board and shall become effective only if approved by the Board. If the act or practice complained of consists of the failure to file any required report within the time prescribed by this Article, such stipulation, settlement or order may provide that if, within the 12‑month period following the approval of such stipulation, agreement or order, the person complained of fails to file within the time prescribed by this Article any subsequent reports as may be required, such person may be subject to a civil penalty pursuant to Section 9‑23.
    Any person filing a complaint pursuant to Section 9‑20 may, upon written notice to the other parties and to the Board, voluntarily withdraw the complaint at any time prior to the issuance of the Board's final determination.
(Source: P.A. 93‑574, eff. 8‑21‑03.)

    (10 ILCS 5/9‑22) (from Ch. 46, par. 9‑22)
    Sec. 9‑22. Any party to a Board hearing, any person who files a complaint on which a hearing was denied or not acted upon within the time specified in Section 9‑21 of this Act, and any party adversely affected by a judgment of the Board may obtain judicial review, which shall be governed by the provisions of the Administrative Review Law, as amended, and all amendments and modifications thereof and the rules adopted pursuant thereto, except that‑‑
    (1) such judicial review shall be afforded directly in the Appellate Court for the District in which the cause of action arose and not in the Circuit Court,
    (2) such judicial review shall be obtained by filing a petition for review within 7 days after entry of the order of other action complained of,
    (3) the time limit for filing such petition for review may be waived with the consent of all parties involved, and
    (4) if such petition for review is appealing an order of the Board, the effect of such order of the Board shall not be stayed unless the Appellate Court so orders upon the motion of the petitioner and upon prior notice to the Board.
(Source: P.A. 82‑783.)

    (10 ILCS 5/9‑23) (from Ch. 46, par. 9‑23)
    Sec. 9‑23. Whenever the Board, pursuant to Section 9‑21, has issued an order, or has approved a written stipulation, agreed settlement or consent order, directing a person determined by the Board to be in violation of any provision of this Article or any regulation adopted thereunder, to cease or correct such violation or otherwise comply with this Article and such person fails or refuses to comply with such order, stipulation, settlement or consent order within the time specified by the Board, the Board, after affording notice and an opportunity for a public hearing, may impose a civil penalty on such person in an amount not to exceed $5,000; except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. For the purpose of this Section, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer.
    Civil penalties imposed on any such person by the Board shall be enforceable in the Circuit Court. The Board shall petition the Court for an order to enforce collection of the penalty and, if the Court finds it has jurisdiction over the person against whom the penalty was imposed, the Court shall issue the appropriate order. Any civil penalties collected by the Court shall be forwarded to the State Treasurer.
    In addition to or in lieu of the imposition of a civil penalty, the board may report such violation and the failure or refusal to comply with the order of the Board to the Attorney General and the appropriate State's Attorney.
(Source: P.A. 93‑615, eff. 11‑19‑03.)

    (10 ILCS 5/9‑24) (from Ch. 46, par. 9‑24)
    Sec. 9‑24. The Board may also petition the Circuit Court to issue an order of the Court compelling compliance with an order issued by the Board, or to restrain or prohibit a person who is engaging or has engaged in acts or practices which constitute a violation of any provision of this Article from engaging in such acts or practices. If the Court finds that it has jurisdiction over the person of the alleged violator and that a violation has occurred or is occurring by reasons of the acts or practices of such person, the Court shall issue the appropriate order.
(Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑25) (from Ch. 46, par. 9‑25)
    Sec. 9‑25. No person shall make an anonymous contribution or a contribution in the name of another person, and no person shall knowingly accept any anonymous contribution or contribution made by one person in the name of another person. Anonymous contributions shall escheat to the State of Illinois. Any political committee that receives such a contribution shall forward it immediately to the State Treasurer.
(Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑25.1) (from Ch. 46, par. 9‑25.1; formerly Ch. 46, pars. 102, 103 and 104)
    Sec. 9‑25.1. Election interference.
    (a) As used in this Section, "public funds" means any funds appropriated by the Illinois General Assembly or by any political subdivision of the State of Illinois.
    (b) No public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated for political or campaign purposes to any candidate or political organization. This Section shall not prohibit the use of public funds for dissemination of factual information relative to any proposition appearing on an election ballot, or for dissemination of information and arguments published and distributed under law in connection with a proposition to amend the Constitution of the State of Illinois.
    (c) The first time any person violates any provision of this Section, that person shall be guilty of a Class B misdemeanor. Upon the second or any subsequent violation of any provision of this Section, the person violating any provision of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 87‑1052.)

    (10 ILCS 5/9‑25.2)
    Sec. 9‑25.2. Contributions; candidate or treasurer of political committee.
    (a) No candidate may knowingly receive any contribution solicited or received in violation of Section 33‑3.1 or Section 33‑3.2 of the Criminal Code of 1961.
    (b) The receipt of political contributions in violation of this Section shall constitute a Class A misdemeanor.
    The appropriate State's Attorney or the Attorney General shall bring actions in the name of the people of the State of Illinois.
(Source: P.A. 92‑853, eff. 8‑28‑02.)

    (10 ILCS 5/9‑26) (from Ch. 46, par. 9‑26)
    Sec. 9‑26. Willful failure to file or willful filing of false or incomplete information required by this Article shall constitute a business offense subject to a fine of up to $5,000.
    Willful filing of a false complaint under this Article shall constitute a Class B misdemeanor.
    A prosecution for any offense designated by this Article shall be commenced no later than 18 months after the commission of the offense.
    The appropriate State's Attorney or the Attorney General shall bring such actions in the name of the people of the State of Illinois.
(Source: P.A. 90‑737, eff. 1‑1‑99.)

    (10 ILCS 5/9‑27) (from Ch. 46, par. 9‑27)
    Sec. 9‑27.
    As to any civil or criminal proceedings instituted under this Article, venue shall lie in the county where the political committee was organized or in the county where the defendant resides.
(Source: P. A. 78‑1183.)

    (10 ILCS 5/9‑27.5)
    Sec. 9‑27.5. Fundraising in Sangamon County. In addition to any other provision of this Code, fundraising events in Sangamon County by certain executive branch officers and candidates, legislative branch members and candidates, political caucuses, and political committees are subject to the State Officials and Employees Ethics Act. If a political committee receives and retains a contribution that is in violation of Section 5‑40 of the State Officials and Employees Ethics Act, then the State Board may impose a civil penalty upon that political committee in an amount equal to 100% of that contribution.
(Source: P.A. 93‑615, eff. 11‑19‑03.)

    (10 ILCS 5/9‑28)
    Sec. 9‑28. Electronic filing and availability. The Board shall by rule provide for the electronic filing of expenditure and contribution reports as follows:
    Beginning July 1, 1999, or as soon thereafter as the Board has provided adequate software to the political committee, electronic filing is required for all political committees that during the reporting period (i) had at any time a balance or an accumulation of contributions of $25,000 or more, (ii) made aggregate expenditures of $25,000 or more, or (iii) received loans of an aggregate of $25,000 or more.
    Beginning July 1, 2003, electronic filing is required for all political committees that during the reporting period (i) had at any time a balance or an accumulation of contributions of $10,000 or more, (ii) made aggregate expenditures of $10,000 or more, or (iii) received loans of an aggregate of $10,000 or more.
    The Board may provide by rule for the optional electronic filing of expenditure and contribution reports for all other political committees. The Board shall promptly make all reports filed under this Article by all political committees publicly available by means of a searchable database that is accessible through the World Wide Web.
    The Board shall provide all software necessary to comply with this Section to candidates, public officials, political committees, and election authorities.
    The Board shall implement a plan to provide computer access and assistance to candidates, public officials, political committees, and election authorities with respect to electronic filings required under this Article.
    For the purposes of this Section, "political committees" includes entities required to report to the Board under Section 9‑7.5.
(Source: P.A. 90‑495, eff. 8‑18‑97; 90‑737, eff. 1‑1‑99.)

    (10 ILCS 5/9‑30)
    Sec. 9‑30. Ballot forfeiture. The name of a person who has not paid a civil penalty imposed against him or her under this Article shall not appear upon any ballot for any office in any election while the penalty is unpaid.
(Source: P.A. 93‑615, eff. 11‑19‑03.)

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