103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4032 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 Amends the Disclosure and Regulation of Campaign Contributions and Expenditures Article of the Election Code. In provisions concerning criminal penalties for election interference, provides that, in addition to criminal penalties, the State Board of Elections may impose a civil penalty of up to $5,000 for the first violation of the provisions and up to $10,000 for a second or subsequent violation of the provisions. In provisions concerning criminal penalties for unlawful contributions to a candidate or treasurer of a political committee, provides that, in addition to criminal penalties, the State Board of Elections may impose upon a person or political committee found to have violated the provisions a civil penalty of up to $500 for each contribution of $500 or less and up to the amount of the contribution plus $500 for each contribution greater than $500. Provides that the appropriate State's Attorney or the Attorney General, if prosecuting a violation of the Article, shall bring the action in the name of the people of the State of Illinois (rather than the State's Attorney or the Attorney General shall bring the action). LRB103 31647 BMS 60113 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4032 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 Amends the Disclosure and Regulation of Campaign Contributions and Expenditures Article of the Election Code. In provisions concerning criminal penalties for election interference, provides that, in addition to criminal penalties, the State Board of Elections may impose a civil penalty of up to $5,000 for the first violation of the provisions and up to $10,000 for a second or subsequent violation of the provisions. In provisions concerning criminal penalties for unlawful contributions to a candidate or treasurer of a political committee, provides that, in addition to criminal penalties, the State Board of Elections may impose upon a person or political committee found to have violated the provisions a civil penalty of up to $500 for each contribution of $500 or less and up to the amount of the contribution plus $500 for each contribution greater than $500. Provides that the appropriate State's Attorney or the Attorney General, if prosecuting a violation of the Article, shall bring the action in the name of the people of the State of Illinois (rather than the State's Attorney or the Attorney General shall bring the action). LRB103 31647 BMS 60113 b LRB103 31647 BMS 60113 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4032 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 Amends the Disclosure and Regulation of Campaign Contributions and Expenditures Article of the Election Code. In provisions concerning criminal penalties for election interference, provides that, in addition to criminal penalties, the State Board of Elections may impose a civil penalty of up to $5,000 for the first violation of the provisions and up to $10,000 for a second or subsequent violation of the provisions. In provisions concerning criminal penalties for unlawful contributions to a candidate or treasurer of a political committee, provides that, in addition to criminal penalties, the State Board of Elections may impose upon a person or political committee found to have violated the provisions a civil penalty of up to $500 for each contribution of $500 or less and up to the amount of the contribution plus $500 for each contribution greater than $500. Provides that the appropriate State's Attorney or the Attorney General, if prosecuting a violation of the Article, shall bring the action in the name of the people of the State of Illinois (rather than the State's Attorney or the Attorney General shall bring the action). LRB103 31647 BMS 60113 b LRB103 31647 BMS 60113 b LRB103 31647 BMS 60113 b A BILL FOR HB4032LRB103 31647 BMS 60113 b HB4032 LRB103 31647 BMS 60113 b HB4032 LRB103 31647 BMS 60113 b 1 AN ACT concerning elections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Election Code is amended by changing 5 Sections 9-25.1, 9-25.2, and 9-26 as follows: 6 (10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch. 7 46, pars. 102, 103 and 104) 8 Sec. 9-25.1. Election interference. 9 (a) As used in this Section, "public funds" means any 10 funds appropriated by the Illinois General Assembly or by any 11 political subdivision of the State of Illinois. 12 (b) No public funds shall be used to urge any elector to 13 vote for or against any candidate or proposition, or be 14 appropriated for political or campaign purposes to any 15 candidate or political organization. This Section shall not 16 prohibit the use of public funds for dissemination of factual 17 information relative to any proposition appearing on an 18 election ballot, or for dissemination of information and 19 arguments published and distributed under law in connection 20 with a proposition to amend the Constitution of the State of 21 Illinois. 22 (c) The first time any person violates any provision of 23 this Section, that person shall be guilty of a Class B 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4032 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 Amends the Disclosure and Regulation of Campaign Contributions and Expenditures Article of the Election Code. In provisions concerning criminal penalties for election interference, provides that, in addition to criminal penalties, the State Board of Elections may impose a civil penalty of up to $5,000 for the first violation of the provisions and up to $10,000 for a second or subsequent violation of the provisions. In provisions concerning criminal penalties for unlawful contributions to a candidate or treasurer of a political committee, provides that, in addition to criminal penalties, the State Board of Elections may impose upon a person or political committee found to have violated the provisions a civil penalty of up to $500 for each contribution of $500 or less and up to the amount of the contribution plus $500 for each contribution greater than $500. Provides that the appropriate State's Attorney or the Attorney General, if prosecuting a violation of the Article, shall bring the action in the name of the people of the State of Illinois (rather than the State's Attorney or the Attorney General shall bring the action). LRB103 31647 BMS 60113 b LRB103 31647 BMS 60113 b LRB103 31647 BMS 60113 b A BILL FOR 10 ILCS 5/9-25.1 from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104 10 ILCS 5/9-25.2 10 ILCS 5/9-26 from Ch. 46, par. 9-26 LRB103 31647 BMS 60113 b HB4032 LRB103 31647 BMS 60113 b HB4032- 2 -LRB103 31647 BMS 60113 b HB4032 - 2 - LRB103 31647 BMS 60113 b HB4032 - 2 - LRB103 31647 BMS 60113 b 1 misdemeanor. Upon the second or any subsequent violation of 2 any provision of this Section, the person violating any 3 provision of this Section shall be guilty of a Class A 4 misdemeanor. 5 (d) In addition to the criminal penalties set forth in 6 subsection (c), the State Board of Elections may impose a 7 civil penalty of up to $5,000 for the first violation of this 8 Section and up to $10,000 for a second or subsequent violation 9 of this Section. 10 (Source: P.A. 87-1052.) 11 (10 ILCS 5/9-25.2) 12 Sec. 9-25.2. Contributions; candidate or treasurer of 13 political committee. 14 (a) No candidate may knowingly receive any contribution 15 solicited or received in violation of Section 33-3.1 or 16 Section 33-3.2 of the Criminal Code of 2012. 17 (b) The receipt of political contributions in violation of 18 this Section shall constitute a Class A misdemeanor. 19 The appropriate State's Attorney or the Attorney General 20 shall bring actions in the name of the people of the State of 21 Illinois. 22 (c) In addition to the criminal penalties set forth in 23 subsection (b), the State Board of Elections may impose upon a 24 person or political committee found to have violated this 25 Section a civil penalty of (i) up to $500 for each contribution HB4032 - 2 - LRB103 31647 BMS 60113 b HB4032- 3 -LRB103 31647 BMS 60113 b HB4032 - 3 - LRB103 31647 BMS 60113 b HB4032 - 3 - LRB103 31647 BMS 60113 b 1 of $500 or less and (ii) up to the amount of the contribution 2 plus $500 for each contribution greater than $500. 3 (Source: P.A. 97-1150, eff. 1-25-13.) 4 (10 ILCS 5/9-26) (from Ch. 46, par. 9-26) 5 Sec. 9-26. The State Board of Elections may impose a civil 6 penalty for willful Willful failure to file or willful filing 7 of false or incomplete information required by this Article in 8 an amount shall constitute a business offense subject to a 9 fine of up to $5,000. 10 Willful filing of a false complaint under this Article 11 shall constitute a Class B misdemeanor. 12 A prosecution for any offense designated by this Article 13 shall be commenced no later than 18 months after the 14 commission of the offense. 15 The appropriate State's Attorney or the Attorney General, 16 if prosecuting a violation of this Article, shall bring the 17 action such actions in the name of the people of the State of 18 Illinois. 19 (Source: P.A. 90-737, eff. 1-1-99.) HB4032 - 3 - LRB103 31647 BMS 60113 b