Article 9 - Disclosure of Campaign Contributions and Expenditures - Illinois Statutes

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Article 9 - Disclosure of Campaign Contributions and Expenditures

    (10 ILCS 5/Art. 9 heading)
    (Text of Section before amendment by P.A. 96‑832)ARTICLE 9. DISCLOSURE OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES

    (Text of Section after amendment by P.A. 96‑832)ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES (Source: P.A. 96‑832, eff. 1‑1‑11.)

(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)
    (Text of Section before amendment by P.A. 96‑832)
    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.)

    (Text of Section after amendment by P.A. 96‑832)
    Sec. 9‑1.4. Contribution.
    (A) "Contribution" means:

(1) a gift, subscription, donation, dues, loan, advance, deposit of money, or anything of value, knowingly received in connection with the nomination for election, election, or retention of any candidate or person to or in public office 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 made in concert or cooperation with or at the request, suggestion, or knowledge of a candidate, a political committee, 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, election, or retention of any person in or to public office, or in connection with any question of public policy;

(3) a transfer of funds received by a political committee from another political committee;

(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; and

(5) an expenditure by a political committee made in cooperation, consultation, or concert with another political committee.

(B) "Contribution" does not include:
(a) the use of real or personal property and the

(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;

(c) communications by a corporation to its

stockholders and executive or administrative personnel or their families;

(d) communications by an association to its

members and executive or administrative personnel or their families;

(e) voter registration or other campaigns

encouraging voting that make no mention of any clearly identified candidate, public question, political party, group, or combination thereof;

(f) a loan of money by a national or State bank

or credit union made in accordance with the applicable banking laws and regulations and in the ordinary course of business, but the loan shall be listed on disclosure reports required by this Article; however, the use, ownership, or control of any security for such a loan, if provided by a person other than the candidate or his or her committee, qualifies as a contribution; or

(g) an independent expenditure.
(C) Interest or other investment income, earnings or

proceeds, and refunds or returns of all or part of a committee's previous expenditures shall not be considered contributions but shall be listed on disclosure reports required by this Article.

(Source: P.A. 96‑832, eff. 1‑1‑11.)

    (10 ILCS 5/9‑1.5)(from Ch. 46, par. 9‑1.5)
    (Text of Section before amendment by P.A. 96‑832)
    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

    (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.)

    (Text of Section after amendment by P.A. 96‑832)
    Sec. 9‑1.5. Expenditure.
    (A) "Expenditure" means:
        (1) a payment, distribution, purchase, loan, advance,

deposit, gift of money, or anything of value, 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;

(2) a payment, distribution, purchase, loan, advance,

deposit, gift of money, or anything of value that constitutes an electioneering communication made in concert or cooperation with or at the request, suggestion, or knowledge of a candidate, a political committee, or any of their agents; or

(3) a transfer of funds by a political committee to

another political committee.

(B) "Expenditure" does not include:
(a) the use of real or personal property and the cost

(b) the sale of any food or beverage by a vendor for

(Source: P.A. 96‑832, eff. 1‑1‑11.)

    (10 ILCS 5/9‑1.6)(from Ch. 46, par. 9‑1.6)
    (Text of Section before amendment by P.A. 96‑832)
    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.)

(Text of Section after amendment by P.A. 96‑832)
Sec. 9‑1.6. Person.

"Person" or "whoever" means a natural person, trust, partnership, committee, association, corporation, or any other organization or group of persons.

(Source: P.A. 96‑832, eff. 1‑1‑11.)

    (10 ILCS 5/9‑1.7) (from Ch. 46, par. 9‑1.7)
    (Section scheduled to be repealed on January 1, 2011)
    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. The $3,000 threshold established in this paragraph (b) applies to any receipts or expenditures received or made with the purpose of securing a place on the ballot for, advocating the defeat or passage of, or engaging in electioneering communication regarding the question of public policy regardless of the method of initiation of the question of public policy and regardless of whether petitions have been circulated or filed with the appropriate office or whether the question has been adopted and certified by the governing body;

(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. 95‑963, eff. 1‑1‑09. Repealed by P.A. 96‑832, eff. 1‑1‑11.)

    (10 ILCS 5/9‑1.8) (from Ch. 46, par. 9‑1.8)
    (Text of Section before amendment by P.A. 96‑832)
    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. The $3,000 threshold established in this paragraph (b) applies to any receipts or expenditures received or made with the purpose of securing a place on the ballot for, advocating the defeat or passage of, or engaging in electioneering communication regarding the question of public policy regardless of the method of initiation of the question of public policy and regardless of whether petitions have been circulated or filed with the appropriate office or whether the question has been adopted and certified by the governing body,

(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. 95‑963, eff. 1‑1‑09.)

    (Text of Section after amendment by P.A. 96‑832)
    Sec. 9‑1.8. Political committees.

(a) "Political committee" includes a candidate political committee, a political party committee, a political action committee, and a ballot initiative committee.

(b) "Candidate political committee" means the candidate himself or herself or any natural person, trust, partnership, corporation, or other organization or group of persons designated by the candidate that accepts contributions or makes expenditures during any 12‑month period in an aggregate amount exceeding $3,000 on behalf of the candidate.

(c) "Political party committee" means the State central committee of a political party, a county central committee of a political party, a legislative caucus committee, or a committee formed by a ward or township committeeman of a political party. For purposes of this Article, a "legislative caucus committee" means a committee established for the purpose of electing candidates to the General Assembly by the person elected President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, Minority Leader of the House of Representatives, or a committee established by 5 or more members of the same caucus of the Senate or 10 or more members of the same caucus of the House of Representatives.

(d) "Political action committee" means any natural person, trust, partnership, committee, association, corporation, or other organization or group of persons, other than a candidate, political party, candidate political committee, or political party committee, that accepts contributions 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. "Political action committee" includes any natural person, trust, partnership, committee, association, corporation, or other organization or group of persons, other than a candidate, political party, candidate political committee, or political party committee, that makes electioneering communications during any 12‑month period in an aggregate amount exceeding $3,000 related to any candidate or candidates for public office.

(e) "Ballot initiative committee" means any natural person, trust, partnership, committee, association, corporation, or other organization or group of persons that 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. "Ballot initiative committee" includes any natural person, trust, partnership, committee, association, corporation, or other organization or group of persons that makes electioneering communications during any 12‑month period in an aggregate amount exceeding $3,000 related to any question of public policy to be submitted to the voters. The $3,000 threshold applies to any contributions or expenditures received or made with the purpose of securing a place on the ballot for, advocating the defeat or passage of, or engaging in electioneering communication regarding the question of public policy, regardless of the method of initiation of the question of public policy and regardless of whether petitions have been circulated or filed with the appropriate office or whether the question has been adopted and certified by the governing body.

(Source: P.A. 95‑963, eff. 1‑1‑09; 96‑832, eff. 1‑1‑11.)

    (10 ILCS 5/9‑1.9) (from Ch. 46, par. 9‑1.9)
    (Text of Section before amendment by P.A. 96‑832)
    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.)

    (Text of Section after amendment by P.A. 96‑832)
    Sec. 9‑1.9. Election cycle. "Election cycle" means any of the following:

(1) For a candidate political committee organized to support a candidate to be elected at a general primary election or general election, (i) the period beginning January 1 following the general election for the office to which a candidate seeks nomination or election and ending on the day of the general primary election for that office or (ii) the period beginning the 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) Notwithstanding paragraph (1), for a candidate political committee organized to support a candidate for the General Assembly, (i) the period beginning January 1 following a general election and ending on the day of the next general primary election or (ii) the period beginning the day after the general primary election and ending on December 31 following a general election.

(3) For a candidate political committee organized to support a candidate for a retention election, (i) the period beginning January 1 following the general election at which the candidate was elected through the day the candidate files a declaration of intent to seek retention or (ii) the period beginning the day after the candidate files a declaration of intent to seek retention through December 31 following the retention election.

(4) For a candidate political committee organized to support a candidate to be elected at a consolidated primary election or consolidated election, (i) the period beginning July 1 following a consolidated election and ending on the day of the consolidated primary election or (ii) the period beginning the day after the consolidated primary election and ending on June 30 following a consolidated election.

(5) For a political party committee, political action committee, or ballot initiative committee, the period beginning on January 1 and ending on December 31 of each calendar year.

(Source: P.A. 96‑832, eff. 1‑1‑11.)

    (10 ILCS 5/9‑1.10)(from Ch. 46, par. 9‑1.10)
    (Text of Section before amendment by P.A. 96‑832)
    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.)

(Text of Section after amendment by P.A. 96‑832)
Sec. 9‑1.10. Public Office. "Public office" means any elective office or judicial office subject to retention.
(Source: P.A. 96‑832, eff. 1‑1‑11.)

(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)
    (Text of Section before amendment by P.A. 96‑832)
    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.)

(Text of Section after amendment by P.A. 96‑832)
Sec. 9‑1.12. Anything of value.

"Anything of value" means any item, thing, service, or good, regardless of whether it 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 item, thing, service, or good contributed and by using the contributor's certified market value required under Section 9‑6.

(Source: P.A. 96‑832, eff. 1‑1‑11.)

    (10 ILCS 5/9‑1.13)(from Ch. 46, par. 9‑1.13)
    (Text of Section before amendment by P.A. 96‑832)
    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.)

(Text of Section after amendment by P.A. 96‑832)
Sec. 9‑1.13. Transfer of funds. "Transfer of funds" means any conveyance of money from one political committee to another political committee.
(Source: P.A. 96‑832, eff. 1‑1‑11.)

    (10 ILCS 5/9‑1.14)
    (Text of Section before amendment by P.A. 96‑832)
    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,

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Article 9 - Disclosure of Campaign Contributions and Expenditures