Bill Text: IL SB2223 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Amends the Election Code. Provides that a political committee that receives notification from the State Board of Elections to conduct an audit of its financial records must conduct that audit using the financial records required to be maintained by the committee for a period of 2 years from the close of the most recent reporting period (rather than for a period of 2 years). Effective immediately.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0784 [SB2223 Detail]
Download: Illinois-2017-SB2223-Chaptered.html
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| Public Act 100-0784 | ||||
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing Section | ||||
9-13 as follows:
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(10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
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Sec. 9-13. Audits of political committees. | ||||
(a) The Board shall have the authority to order a political | ||||
committee to conduct an audit of the financial records required | ||||
to be maintained by the committee to ensure compliance with | ||||
Sections 9-8.5 and 9-10. Audits ordered by the Board shall be | ||||
conducted as provided in this Section and as provided by Board | ||||
rule. | ||||
(b) The Board may order a political committee to conduct an | ||||
audit of its financial records for any of the following | ||||
reasons: (i) a discrepancy between the ending balance of a | ||||
reporting period and the beginning balance of the next | ||||
reporting period, (ii) failure to account for previously | ||||
reported investments or loans, or (iii) a discrepancy between | ||||
reporting contributions received by or expenditures made for a | ||||
political committee that are reported by another political | ||||
committee, except the Board shall not order an audit pursuant | ||||
to this item (iii) unless there is a willful pattern of | ||||
inaccurate reporting or there is a pattern of similar | ||
inaccurate reporting involving similar contributions by the | ||
same contributor. Prior to ordering an audit, the Board shall | ||
afford the political committee due notice and an opportunity | ||
for a closed preliminary hearing. A political committee shall | ||
hire an entity qualified to perform an audit; except, a | ||
political committee shall not hire a person that has | ||
contributed to the political committee during the previous 4 | ||
years. | ||
(c) In each calendar year, the Board shall randomly order | ||
no more than 3% of registered political committees to conduct | ||
an audit. The Board shall establish a standard, scientific | ||
method of selecting the political committees that are to be | ||
audited so that every political committee has an equal | ||
mathematical chance of being selected. | ||
(d) Upon receipt of notification from the Board ordering an | ||
audit, a political committee shall conduct an audit of the | ||
financial records required to be maintained by the committee to | ||
ensure compliance with the contribution limitations | ||
established in Section 9-8.5 and the reporting requirements | ||
established in Section 9-3 and Section 9-10 for a period of 2 | ||
years from the close of the most recent reporting period or the | ||
period since the committee was previously ordered to conduct an | ||
audit, whichever is shorter. The entity performing the audit | ||
shall review the amount of funds and investments maintained by | ||
the political committee and ensure the financial records | ||
accurately account for any contributions and expenditures made | ||
by the political committee.
A certified copy of the audit shall | ||
be delivered to the Board within 60 calendar days after receipt | ||
of notice from the Board, unless the Board grants an extension | ||
to complete the audit. A political committee ordered to conduct | ||
an audit through the random selection process shall not be | ||
required to conduct another audit for a minimum of 5 years | ||
unless the Board has reason to believe the political committee | ||
is in violation of Section 9-3, 9-8.5, or 9-10. | ||
(e) The Board shall not disclose the name of any political | ||
committee ordered to conduct an audit or any documents in | ||
possession of the Board related to an audit unless, after | ||
review of the audit findings, the Board has reason to believe | ||
the political committee is in violation of Section 9-3, 9-8.5, | ||
or 9-10 and the Board imposed a fine. | ||
(f) Failure to deliver a certified audit in a timely manner | ||
is a business offense punishable by a fine of $250 per day that | ||
the audit is late, up to a maximum of $5,000.
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(Source: P.A. 96-832, eff. 1-1-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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