Bill Text: IL HB2844 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the State Officials and Employees Ethics Act. Defines as a prohibited political activity the wearing or displaying of items expressing support for or against a candidate or referendum question while registering voters as a deputy registrar or assisting persons in completing mail-in voter registration applications. Defines a "candidate" to include candidates for federal and local offices as well as State offices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB2844 Detail]
Download: Illinois-2011-HB2844-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Officials and Employees Ethics Act is | |||||||||||||||||||
5 | amended by changing Section 1-5 as follows:
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6 | (5 ILCS 430/1-5)
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7 | Sec. 1-5. Definitions. As used in this Act:
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8 | "Appointee" means a person appointed to a position in or | |||||||||||||||||||
9 | with a State
agency, regardless of whether the position is | |||||||||||||||||||
10 | compensated.
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11 | "Campaign for elective office" means any activity in | |||||||||||||||||||
12 | furtherance of an
effort to influence the selection, | |||||||||||||||||||
13 | nomination, election, or appointment of any
individual to any | |||||||||||||||||||
14 | federal, State, or local public office or office in a
political | |||||||||||||||||||
15 | organization, or the selection, nomination, or election
of | |||||||||||||||||||
16 | Presidential or Vice-Presidential electors,
but does not | |||||||||||||||||||
17 | include
activities (i) relating to the support or opposition of | |||||||||||||||||||
18 | any executive,
legislative, or administrative action (as those | |||||||||||||||||||
19 | terms are defined in Section 2
of the Lobbyist Registration | |||||||||||||||||||
20 | Act), (ii) relating to collective bargaining, or
(iii) that are | |||||||||||||||||||
21 | otherwise in furtherance of the person's official State duties.
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22 | "Candidate" means a person who has
filed nominating papers | |||||||||||||||||||
23 | or petitions for nomination or election to an elected
State |
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1 | office, or who has been appointed to fill a vacancy in | ||||||
2 | nomination, and
who remains eligible for placement on the | ||||||
3 | ballot at either a
general primary election or general | ||||||
4 | election.
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5 | "Collective bargaining" has the same meaning as that term | ||||||
6 | is defined in
Section 3 of the Illinois Public Labor Relations | ||||||
7 | Act.
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8 | "Commission" means an ethics commission created by this | ||||||
9 | Act.
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10 | "Compensated time" means any time worked by or credited to | ||||||
11 | a State employee
that counts
toward any minimum work time | ||||||
12 | requirement imposed as a condition of employment
with a State | ||||||
13 | agency, but does not include any designated State holidays or | ||||||
14 | any
period when the employee is on a
leave of absence.
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15 | "Compensatory time off" means authorized time off earned by | ||||||
16 | or awarded to a
State employee to compensate in whole or in | ||||||
17 | part for time worked in excess of
the minimum work time | ||||||
18 | required
of that employee as a condition of employment with a | ||||||
19 | State agency.
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20 | "Contribution" has the same meaning as that term is defined | ||||||
21 | in Section 9-1.4
of the Election Code.
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22 | "Employee" means (i) any person employed full-time, | ||||||
23 | part-time, or
pursuant to a contract and whose employment | ||||||
24 | duties are subject to the direction
and
control of an employer | ||||||
25 | with regard to the material details of how the work is
to be | ||||||
26 | performed or (ii) any appointed or elected commissioner, |
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1 | trustee, director, or board member of a board of a State | ||||||
2 | agency, including any retirement system or investment board | ||||||
3 | subject to the Illinois Pension Code or (iii) any other | ||||||
4 | appointee.
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5 | "Employment benefits" include but are not limited to the | ||||||
6 | following: modified compensation or benefit terms; compensated | ||||||
7 | time off; or change of title, job duties, or location of office | ||||||
8 | or employment. An employment benefit may also include favorable | ||||||
9 | treatment in determining whether to bring any disciplinary or | ||||||
10 | similar action or favorable treatment during the course of any | ||||||
11 | disciplinary or similar action or other performance review. | ||||||
12 | "Executive branch constitutional officer" means the | ||||||
13 | Governor, Lieutenant
Governor, Attorney General, Secretary of | ||||||
14 | State, Comptroller, and Treasurer.
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15 | "Gift" means any gratuity, discount, entertainment, | ||||||
16 | hospitality, loan,
forbearance, or other tangible or | ||||||
17 | intangible item having monetary value
including, but not
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18 | limited to, cash, food and drink, and honoraria for speaking | ||||||
19 | engagements
related to or attributable to government | ||||||
20 | employment or the official position of
an
employee, member, or | ||||||
21 | officer.
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22 | "Governmental entity" means a unit of local government | ||||||
23 | (including a community college district) or a school
district | ||||||
24 | but not a State
agency.
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25 | "Leave of absence" means any period during which a State | ||||||
26 | employee does not
receive (i) compensation for State |
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1 | employment, (ii) service credit towards
State pension | ||||||
2 | benefits, and (iii) health insurance benefits paid for by the
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3 | State.
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4 | "Legislative branch constitutional officer" means a member | ||||||
5 | of the General
Assembly and the Auditor General.
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6 | "Legislative leader" means the President and Minority | ||||||
7 | Leader of the Senate
and the Speaker and Minority Leader of the | ||||||
8 | House of Representatives.
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9 | "Member" means a member of the General Assembly.
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10 | "Officer" means an executive branch constitutional officer
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11 | or a
legislative branch constitutional officer.
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12 | "Political" means any activity in support
of or in | ||||||
13 | connection with any campaign for elective office or any | ||||||
14 | political
organization, but does not include activities (i) | ||||||
15 | relating to the support or
opposition of any executive, | ||||||
16 | legislative, or administrative action (as those
terms are | ||||||
17 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
18 | relating
to collective bargaining, or (iii) that are
otherwise
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19 | in furtherance of the person's official
State duties or | ||||||
20 | governmental and public service functions.
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21 | "Political organization" means a party, committee, | ||||||
22 | association, fund, or
other organization (whether or not | ||||||
23 | incorporated) that is required to file a
statement of | ||||||
24 | organization with the State Board of Elections or a county | ||||||
25 | clerk
under Section 9-3 of the Election Code, but only with | ||||||
26 | regard to those
activities that require filing with the State |
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1 | Board of Elections or a county
clerk.
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2 | "Prohibited political activity" means:
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3 | (1) Preparing for, organizing, or participating in any
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4 | political meeting, political rally, political | ||||||
5 | demonstration, or other political
event.
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6 | (2) Soliciting contributions, including but not | ||||||
7 | limited to the purchase
of, selling, distributing, or | ||||||
8 | receiving
payment for tickets for any political | ||||||
9 | fundraiser,
political meeting, or other political event.
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10 | (3) Soliciting, planning the solicitation of, or | ||||||
11 | preparing any document or
report regarding any thing of | ||||||
12 | value intended as a campaign contribution.
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13 | (4) Planning, conducting, or participating in a public | ||||||
14 | opinion
poll in connection with a campaign for elective | ||||||
15 | office or on behalf of a
political organization for | ||||||
16 | political purposes or for or against any referendum
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17 | question.
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18 | (5) Surveying or gathering information from potential | ||||||
19 | or actual
voters in an election to determine probable vote | ||||||
20 | outcome in connection with a
campaign for elective office | ||||||
21 | or on behalf of a political organization for
political | ||||||
22 | purposes or for or against any referendum question.
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23 | (6) Assisting at the polls on election day on behalf of | ||||||
24 | any
political organization or candidate for elective | ||||||
25 | office or for or against any
referendum
question.
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26 | (7) Soliciting votes on behalf of a candidate for |
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1 | elective office or a
political organization or for or | ||||||
2 | against any referendum question or helping in
an effort to | ||||||
3 | get voters
to the polls.
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4 | (8) Initiating for circulation, preparing, | ||||||
5 | circulating, reviewing, or
filing any petition on
behalf of | ||||||
6 | a candidate for elective office or for or against any | ||||||
7 | referendum
question.
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8 | (9) Making contributions on behalf
of any candidate for | ||||||
9 | elective office in that capacity or in connection with a
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10 | campaign for elective office.
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11 | (10) Preparing or reviewing responses to candidate | ||||||
12 | questionnaires in
connection with a campaign for elective | ||||||
13 | office or on behalf of a political
organization for | ||||||
14 | political purposes.
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15 | (11) Distributing, preparing for distribution, or | ||||||
16 | mailing campaign
literature, campaign signs, or other | ||||||
17 | campaign material on behalf of any
candidate for elective | ||||||
18 | office or for or against any referendum question.
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19 | (12) Campaigning for any elective
office or for or | ||||||
20 | against any referendum question.
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21 | (13) Managing or working on a campaign for elective
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22 | office or for or against any referendum question.
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23 | (14) Serving as a delegate, alternate, or proxy to a | ||||||
24 | political
party convention.
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25 | (15) Participating in any recount or challenge to the | ||||||
26 | outcome of
any election, except to the extent that under |
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1 | subsection (d) of
Section 6 of Article IV of the Illinois | ||||||
2 | Constitution each house of the General
Assembly shall judge | ||||||
3 | the elections, returns, and qualifications of its members.
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4 | (16) Notwithstanding any collective bargaining | ||||||
5 | agreement, while registering voters as a deputy registrar | ||||||
6 | or assisting persons in completing mail-in voter | ||||||
7 | registration applications, wearing or having within the | ||||||
8 | view of a prospective voter any button, lapel pin, bumper | ||||||
9 | sticker, or other item that expresses support for or | ||||||
10 | opposition to (i) a candidate, as defined in this Section | ||||||
11 | but also including candidates for federal and local | ||||||
12 | offices, or (ii) a referendum question. | ||||||
13 | "Prohibited source" means any person or entity who:
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14 | (1) is seeking official action (i) by the
member or | ||||||
15 | officer or (ii) in the case of an employee, by
the employee
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16 | or by the
member, officer, State agency, or other employee | ||||||
17 | directing the
employee;
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18 | (2) does business or seeks to do business (i) with the
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19 | member or officer or (ii) in the case of an employee,
with | ||||||
20 | the
employee or with the member, officer, State agency, or | ||||||
21 | other
employee directing the
employee;
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22 | (3) conducts activities regulated (i) by the
member or | ||||||
23 | officer or (ii) in the case of an employee, by
the employee | ||||||
24 | or by the member, officer, State agency, or
other employee | ||||||
25 | directing the employee;
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26 | (4) has interests that may be substantially affected by |
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1 | the performance or
non-performance of the official duties | ||||||
2 | of the member, officer, or
employee;
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3 | (5) is registered or required to be registered with the | ||||||
4 | Secretary of State
under the Lobbyist Registration Act, | ||||||
5 | except that an entity not otherwise a
prohibited source | ||||||
6 | does not become a prohibited source merely because a
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7 | registered lobbyist is one of its members or serves on its | ||||||
8 | board of
directors; or | ||||||
9 | (6) is an agent of, a spouse of, or an immediate family | ||||||
10 | member who is living with a "prohibited source".
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11 | "State agency" includes all officers, boards, commissions | ||||||
12 | and agencies
created by the Constitution, whether in the | ||||||
13 | executive or legislative
branch; all officers,
departments, | ||||||
14 | boards, commissions, agencies, institutions, authorities,
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15 | public institutions of higher learning as defined in Section 2 | ||||||
16 | of the Higher
Education
Cooperation Act (except community | ||||||
17 | colleges), and bodies politic and corporate of the State; and
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18 | administrative
units or corporate outgrowths of the State | ||||||
19 | government which are created by
or pursuant to statute, other | ||||||
20 | than units of local government (including community college | ||||||
21 | districts) and their
officers, school districts, and boards of | ||||||
22 | election commissioners; and all
administrative units and | ||||||
23 | corporate outgrowths of the above and as may be
created by | ||||||
24 | executive order of the Governor. "State agency" includes the | ||||||
25 | General
Assembly, the Senate, the House of Representatives, the | ||||||
26 | President and Minority
Leader of the Senate, the Speaker and |
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1 | Minority Leader of the House of
Representatives, the Senate | ||||||
2 | Operations Commission, and the legislative support
services | ||||||
3 | agencies. "State agency" includes the Office
of the Auditor | ||||||
4 | General. "State agency" does not include the judicial branch.
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5 | "State employee" means any employee of a State agency.
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6 | "Ultimate jurisdictional
authority" means the following:
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7 | (1) For members, legislative partisan staff, and | ||||||
8 | legislative secretaries,
the appropriate
legislative | ||||||
9 | leader: President of the
Senate, Minority Leader of the | ||||||
10 | Senate, Speaker of the House of Representatives,
or | ||||||
11 | Minority Leader of the House of Representatives.
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12 | (2) For State employees who are professional staff or | ||||||
13 | employees of the
Senate and not covered under item (1), the | ||||||
14 | Senate Operations Commission.
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15 | (3) For State employees who are professional staff or | ||||||
16 | employees of the
House of Representatives and not covered | ||||||
17 | under item (1), the Speaker of the
House of | ||||||
18 | Representatives.
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19 | (4) For State employees who are employees of the | ||||||
20 | legislative support
services agencies, the Joint Committee | ||||||
21 | on Legislative Support Services.
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22 | (5) For State employees of the Auditor General, the | ||||||
23 | Auditor General.
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24 | (6) For State employees of public institutions of | ||||||
25 | higher learning as
defined in Section 2 of the Higher | ||||||
26 | Education Cooperation Act (except community colleges), the |
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1 | board of
trustees of the appropriate public institution of | ||||||
2 | higher learning.
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3 | (7) For State employees of an executive branch | ||||||
4 | constitutional officer
other than those described in | ||||||
5 | paragraph (6), the
appropriate executive branch | ||||||
6 | constitutional officer.
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7 | (8) For State employees not under the jurisdiction of | ||||||
8 | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | ||||||
9 | Governor.
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10 | (Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09; 96-555, | ||||||
11 | eff. 8-18-09.)
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