Campaign finance requirements for Illinois ballot measures
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If someone believes a group or an individual violated campaign finance laws in the State of Illinois, the first step is to file a complaint with the State Board of Elections. It is up to the Board to determine if a violation happened through a probable cause hearing. If the Board finds someone guilty with an offense, in most cases a monetary fine is imposed through civil court action. Also, the Board has the discretion to refer any case at any time to the Illinois Attorney General.
General requirements
Local committee
Under The Illinois Campaign Financing Act a group in support or opposition of a ballot measure at the municipal or county level is considered to be a local committee[1].
State committee
Under The Illinois Campaign Financing Act a group in support or opposition of a ballot measure at the statewide level is considered to be a state committee[2].
Statement of Organization
There are two thresholds on whether a group in support or opposition of a ballot measure should file a Statement of Organization. Candidates, groups or individuals who raise and or spend more than $3,000 in any 12-month period must file a statement of organization with the State Board of Elections[3] [4]. Nonprofit organizations, excluding labor unions, must file a statement of organization if they spend or raise more than $5,000 in any 12-month period[5].
The Statement of Organization must be filed within 10 days of the creation of the committee[6].
Campaign finance requirements
Contribution limits
In Illinois, there are no laws that limit campaign contributions to groups in support or opposition of a ballot measure. Any corporation, individual, labor union, or state party committee can donate unlimited sums of money.
Filing reports
All groups that have filed a Statement of Organization in support or opposition of a ballot measure with the State Board of Elections must file all and appropriate campaign finance reports[7].
Polling records
Under Illinois law, all campaigns for or against ballot questions must keep records of polling done on behalf of a campaign. The campaign must keep the contact information of the person requesting the poll and must keep all records on file for one year[8].
Reporting requirements and types
Schedule A-1
Any group in Illinois that supports or opposes a ballot measure must file a schedule A-1 in addition to all campaign finance reports. Under Schedule A-1, any group that makes expenditures over $500 must report those expenditures[9].
Semi-Annual reports
All groups in support or opposition of a ballot measure in the State of Illinois must file two semi-annual reports. The first report covers all activity from January 1 to June 30th. The other semi-annual report covers 29 days before the election and December 31st of a calendar year. The first semi-annual report is due on July 20th while the second report is due on January 20th[10]
Pre-Election report
The pre-election report covers all election report from July 1, 2009 to 30 days before the election. The report is due when there is 15 days left before the election[11]
Campaign advertising restrictions
Under Illinois law, all groups in support of opposition of a ballot measure at the statewide level must have a disclosure statement as follows for ads soliciting campaign contributions:
“A copy of our report filed with the State Board of Elections is (or will be) available for purchase from the State Board of Elections, Springfield, Illinois.”[12]
For municipal and county-wide ballot measures the following disclaimer must be used:
“A copy of our report filed with the county clerk is (or will be) available for purchase from the county clerk (county clerk’s address), Illinois.”[12]
For all other advertisements, the communications must disclose who paid for the ad on the bottom of the advertisement[13]
Terminating a committee
Under Illinois law, if a group in support or opposition of a ballot question dissolves as a political committee or determines that it will no longer receive any campaign contributions or make expenditures are required to file a final report with the State Board of Elections in respect to its contributions and expenditures, including the disbursement of surplus funds.
When a committee dissolves, all contributions in its possession after payment of the committee’s outstanding liabilities and staff salaries, must be refunded to campaign contributors not exceeding the original amount donated. Also, surplus funds can be transferred to other political or charitable organizations consistent with the positions of the committee or the candidates it represented[14].
External links
- Illinois State Board of Elections
- Illinois campaign contribution database
- Illinois campaign expenditure database
- Illinois Political committee database
- Illinois proposition database
- Illinois Campaign Finance Laws
- 2010 Illinois campaign finance manual
- Campaign Disclosure Project
References
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9.17(b))
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9.18(b))
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9.17(a))
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9.18(a))
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9-7.5)
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9-3)
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9-10)
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9-9.5)
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 100.70)
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9-10)
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 100.75)
- ↑ 12.0 12.1 "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9.9)
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9-9.5)
- ↑ "Illinois State Elections Board" Illinois Campaign Financing Act(Referenced Statute 5/9-5)
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