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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1759 Introduced 2/9/2023, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
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Amends the Election Code. Prohibits a political committee from making expenditures for taxable compensation to an immediate family member of a public official or candidate. Defines "immediate family member" and "payments". Effective immediately.
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| | A BILL FOR |
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| | SB1759 | | LRB103 24959 AWJ 51293 b |
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| 1 | | AN ACT concerning elections.
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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 Election Code is amended by changing |
| 5 | | Section 9-8.10 as follows:
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| 6 | | (10 ILCS 5/9-8.10)
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| 7 | | Sec. 9-8.10. Use of political committee and other |
| 8 | | reporting organization
funds.
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| 9 | | (a) A political committee shall
not
make
expenditures:
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| 10 | | (1) In violation of any law of the United States or of |
| 11 | | this State.
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| 12 | | (2) Clearly in excess of the fair market value of the |
| 13 | | services,
materials, facilities,
or other things of value |
| 14 | | received in exchange.
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| 15 | | (3) For satisfaction or repayment of any debts other |
| 16 | | than loans made to
the
committee or to the public official |
| 17 | | or candidate on behalf of the committee or
repayment of |
| 18 | | goods
and services purchased by the committee under a |
| 19 | | credit
agreement. Nothing in this Section authorizes the |
| 20 | | use of campaign funds to
repay personal loans. The |
| 21 | | repayments shall be made by check written to the
person |
| 22 | | who made the loan or credit agreement. The terms and |
| 23 | | conditions of any
loan or credit agreement to a
committee |
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| 1 | | shall be set forth in a written agreement, including but |
| 2 | | not limited
to the
method and
amount of repayment, that |
| 3 | | shall be executed by the chair or treasurer of the
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| 4 | | committee at the time of the loan or credit agreement. The |
| 5 | | loan or agreement
shall also
set forth the rate of |
| 6 | | interest for the loan, if any, which may not
substantially |
| 7 | | exceed the
prevailing market interest rate at the time the |
| 8 | | agreement is executed.
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| 9 | | (4) For the satisfaction or repayment of any debts or |
| 10 | | for the payment of
any expenses relating to a personal |
| 11 | | residence.
Campaign funds may not be used as collateral |
| 12 | | for home mortgages.
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| 13 | | (5) For clothing or personal laundry expenses, except |
| 14 | | clothing items
rented by
the public official or candidate
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| 15 | | for his or her own use exclusively for a specific |
| 16 | | campaign-related event,
provided that
committees may |
| 17 | | purchase costumes, novelty items, or other accessories |
| 18 | | worn
primarily to
advertise the candidacy.
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| 19 | | (6) For the travel expenses of
any person unless the |
| 20 | | travel is necessary for fulfillment of political,
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| 21 | | governmental, or public policy duties, activities, or |
| 22 | | purposes.
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| 23 | | (7) For membership or club dues charged by |
| 24 | | organizations, clubs, or
facilities that
are primarily |
| 25 | | engaged in providing health, exercise, or recreational |
| 26 | | services;
provided,
however, that funds received under |
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| 1 | | this Article may be used to rent the clubs
or facilities
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| 2 | | for a specific campaign-related event.
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| 3 | | (8) In payment for anything of value or for |
| 4 | | reimbursement of any
expenditure for
which any person has |
| 5 | | been reimbursed by the State or any person.
For purposes |
| 6 | | of this item (8), a per diem allowance is not a |
| 7 | | reimbursement.
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| 8 | | (9) For the lease or purchase of or installment |
| 9 | | payment for a motor vehicle unless
the political committee |
| 10 | | can demonstrate the vehicle will be used primarily for |
| 11 | | campaign
purposes or
for the performance of governmental |
| 12 | | duties. Nothing in this paragraph prohibits a political |
| 13 | | committee from using political funds to make expenditures |
| 14 | | related to vehicles not purchased or leased by a political |
| 15 | | committee, provided the expenditure relates to the use of |
| 16 | | the vehicle for primarily campaign purposes or the |
| 17 | | performance of governmental duties. Persons using vehicles |
| 18 | | not purchased or leased by a
political committee may be |
| 19 | | reimbursed for actual mileage for the use of the
vehicle |
| 20 | | for campaign purposes or for the performance of |
| 21 | | governmental duties.
The mileage reimbursements shall be |
| 22 | | made at a rate not to exceed the standard
mileage rate |
| 23 | | method for computation of business expenses under the |
| 24 | | Internal
Revenue Code.
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| 25 | | (10) Directly for an individual's tuition or other |
| 26 | | educational expenses,
except for governmental or political |
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| 1 | | purposes directly related to a candidate's
or public |
| 2 | | official's duties and responsibilities.
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| 3 | | (11) For payments to a public official or candidate or |
| 4 | | his or her
family member unless
for compensation for |
| 5 | | services actually rendered by that person. The provisions |
| 6 | | of this item (11) do not apply to expenditures by a |
| 7 | | political committee for expenses related to providing |
| 8 | | childcare for a minor child or care for a dependent family |
| 9 | | member if the care is reasonably necessary for the public |
| 10 | | official or candidate to fulfill political or governmental |
| 11 | | duties.
The provisions of this item (11) do not apply to |
| 12 | | expenditures by a
political committee in an aggregate
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| 13 | | amount not exceeding the amount of funds reported to and |
| 14 | | certified by the State
Board or county clerk as available |
| 15 | | as of June 30, 1998, in the semi-annual
report of
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| 16 | | contributions and expenditures filed by the
political |
| 17 | | committee for the period concluding June 30, 1998.
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| 18 | | (12) For payments to an immediate family member of a |
| 19 | | public official or candidate. As used in this paragraph: |
| 20 | | "immediate family member" means anyone living with a |
| 21 | | public official or candidate, or a spouse, child, sibling, |
| 22 | | or parent of a public official or candidate, regardless of |
| 23 | | whether that person lives with the public official or |
| 24 | | candidate; "payments" means any compensation for which the |
| 25 | | paying party would be required to file a federal form W-2 |
| 26 | | or 1099. |
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| 1 | | (b) The Board shall have the authority to investigate, |
| 2 | | upon
receipt of a verified complaint, violations of the |
| 3 | | provisions of this Section.
The Board may levy a fine
on any |
| 4 | | person who knowingly makes expenditures in violation of this |
| 5 | | Section and
on any person who knowingly makes a malicious and |
| 6 | | false accusation of a
violation of this Section.
The Board may |
| 7 | | act under this subsection only upon the affirmative vote of at
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| 8 | | least 5 of its members. The fine shall not
exceed $500 for each |
| 9 | | expenditure of $500 or less and shall not exceed the
amount of |
| 10 | | the
expenditure plus $500 for each expenditure greater than |
| 11 | | $500. The Board shall
also
have the authority
to render |
| 12 | | rulings and issue opinions relating to compliance with this
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| 13 | | Section.
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| 14 | | (c) Nothing in this Section prohibits the expenditure of |
| 15 | | funds of a
political
committee controlled by an officeholder |
| 16 | | or by a candidate to defray the customary and reasonable |
| 17 | | expenses of an
officeholder in
connection with the performance |
| 18 | | of governmental and public service functions.
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| 19 | | (d) Nothing in this Section prohibits the funds of a |
| 20 | | political committee which is controlled by a person convicted |
| 21 | | of a violation of any of the offenses listed in subsection (a) |
| 22 | | of Section 10 of the Public Corruption Profit Forfeiture Act |
| 23 | | from being forfeited to the State under Section 15 of the |
| 24 | | Public Corruption Profit Forfeiture Act. |
| 25 | | (Source: P.A. 102-15, eff. 6-17-21.)
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| 26 | | Section 99. Effective date. This Act takes effect upon |