Bill Text: IL SB2223 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Enrolled.html

---

SB2223 Enrolled LRB100 13223 MLM 27647 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing Section
9-13 as follows:
(10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
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

SB2223 Enrolled - 2 - LRB100 13223 MLM 27647 b
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

SB2223 Enrolled - 3 - LRB100 13223 MLM 27647 b
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.
(Source: P.A. 96-832, eff. 1-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.