2023 Illinois Compiled Statutes › Chapter 5 - GENERAL PROVISIONS › 5 ILCS 420/ - Illinois Governmental Ethics Act. › Article 4A - Disclosure of Economic Interests

(5 ILCS 420/Art. 4A heading)
ARTICLE 4A.  
		DISCLOSURE OF ECONOMIC INTERESTS
(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
Sec. 4A-101. Persons required to file with the Secretary of State.   The following persons shall file
verified written statements of economic interests with the Secretary of State, as provided in this Article:
(a) Members of the General Assembly and candidates     for nomination or election to the General Assembly.
(b) Persons holding an elected office in the     Executive Branch of this State, and candidates for nomination or election to these offices.
(c) Members of a Commission or Board created by the     Illinois Constitution, and candidates for nomination or election to such Commission or Board.
(d) Persons whose appointment to office is subject to     confirmation by the Senate and persons appointed by the Governor to any other position on a board or commission described in subsection (a) of Section 15 of the Gubernatorial Boards and Commissions Act.
(e) Holders of, and candidates for nomination or     election to, the office of judge or associate judge of the Circuit Court and the office of judge of the Appellate or Supreme Court.
(f) Persons who are employed by any branch, agency,     authority or board of the government of this State, including but not limited to, the Illinois State Toll Highway Authority, the Illinois Housing Development Authority, the Illinois Community College Board, and institutions under the jurisdiction of the Board of Trustees of the University of Illinois, Board of Trustees of Southern Illinois University, Board of Trustees of Chicago State University, Board of Trustees of Eastern Illinois University, Board of Trustees of Governors  State University, Board of Trustees of Illinois State University, Board of Trustees of Northeastern Illinois University, Board of Trustees of Northern Illinois University, Board of Trustees of Western Illinois University, or Board of Trustees of the Illinois Mathematics and Science Academy, and are compensated for services as employees and not as independent contractors and who:
(1) are, or function as, the head of a         department, commission, board, division, bureau, authority or other administrative unit within the government of this State, or who exercise similar authority within the government of this State;
(2) have direct supervisory authority over, or         direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the State in the amount of $5,000 or more;
(3) have authority for the issuance or         promulgation of rules and regulations within areas under the authority of the State;
(4) have authority for the approval of         professional licenses;
(5) have responsibility with respect to the         financial inspection of regulated nongovernmental entities;
(6) adjudicate, arbitrate, or decide any judicial         or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the State;
(7) have supervisory responsibility for 20 or         more employees of the State;
(8) negotiate, assign, authorize, or grant naming         rights or sponsorship rights regarding any property or asset of the State, whether real, personal, tangible, or intangible; or
(9) have responsibility with respect to the         procurement of goods or services.
(f-5) Members of the board of commissioners of any     flood prevention district created under the Flood Prevention District Act or the Beardstown Regional Flood Prevention District Act.
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) Persons on the Board of Trustees of the Illinois     Mathematics and Science Academy.
(k) (Blank).
(l) Special government agents. A "special government     agent" is a person who is directed, retained, designated, appointed, or employed, with or without compensation, by or on behalf of a statewide executive branch constitutional officer to make an ex parte communication under Section 5-50 of the State Officials and Employees Ethics Act or Section 5-165 of the Illinois Administrative Procedure Act.
(m) (Blank).
(n) Members of the board of any retirement system or     investment board established under the Illinois Pension Code, if not required to file under any other provision of this Section.
(o) (Blank).
(p) Members of the investment advisory panel created     under Section 20 of the Illinois Prepaid Tuition Act.
(q) Persons serving as Executive Director or     otherwise involved with directing the affairs of a Regional Development Authority. As used in this subsection, "Regional Development Authority" has the  meaning given to that term in Section 1-5 of the State Officials and Employees Ethics Act.
This Section shall not be construed to prevent any unit of local government
from enacting financial disclosure requirements that mandate
 more information
than required by this Act.
(Source: P.A. 103-517, eff. 8-11-23.)
(5 ILCS 420/4A-101.5)
Sec. 4A-101.5. Persons required to file with the county clerk. The following persons shall file verified written statements of economic interests with the county clerk, as provided in this Article:
(a)   Persons who are elected to office in a unit of local government, and candidates for nomination or election to that office, including regional superintendents of school districts.
(b)   Persons appointed to the governing board of a unit of local government, or of a special district, and persons appointed to a zoning board, or zoning board of appeals, or to a regional, county, or municipal plan commission, or to a board of review of any county, and persons appointed to the Board of the Metropolitan Pier and Exposition Authority and any Trustee appointed under Section 22 of the Metropolitan Pier and Exposition Authority Act, and persons appointed to a board or commission of a unit of local government who have authority to authorize the expenditure of public funds. This subsection (b) does not apply to members of boards or commissions who function in an advisory capacity.
(c)     Persons who are employed by a unit of local government and are compensated for services as employees and not as independent contractors, and who:
(1)   are, or function as, the head of a department,     division, bureau, authority, or other administrative unit within the unit of local government, or who exercise similar authority within the unit of local government;
(2)   have direct supervisory authority over, or     direct responsibility for the formulation, negotiation, issuance, or execution of contracts entered into by the unit of local government in the amount of $1,000 or greater;
(3)   have authority to approve licenses and permits     by the unit of local government, but not including employees who function in a ministerial capacity;
(4)   adjudicate, arbitrate, or decide any judicial     or administrative proceeding, or review the adjudication, arbitration, or decision of any judicial or administrative proceeding within the authority of the unit of local government;
(5)   have authority to issue or adopt rules and     regulations within areas under the authority of the unit of local government; or
(6)   have supervisory responsibility for 20 or more     employees of the unit of local government.
(d)    Persons employed by a school district in positions that require that person to hold an administrative or a chief school business official endorsement.
(e)   Members of the board of any pension fund established under the Illinois Pension Code, if not required to file under any other provision of this Section.
(Source: P.A. 101-221, eff. 8-9-19.)
(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
Sec. 4A-102. The statement of economic interests required by this Article
shall include the economic interests of the person making the statement as
provided in this Section.
(a) The interest (if constructively controlled by the
person making the statement) of a spouse or any other party, shall be
considered to be the same as the interest of the person making the
statement.  Campaign receipts shall not be included in this statement. The following interests shall be listed by all persons required to file:
(1) each asset that has a value of more than $10,000     as of the end of the preceding calendar year and is: (i) held in the filer's name, (ii) held jointly by the filer with his or her spouse, or (iii) held jointly by the filer with his or her minor child or children. For a beneficial interest in a trust, the value is based on the total value of the assets either subject to the beneficial interest, or from which income is to be derived for the benefit of the beneficial interest, regardless of whether any distributions have been made for the benefit of the beneficial interest;
(2) excluding the income from the position that     requires the filing of a statement of economic interests under this Act, each source of income in excess of $7,500 during the preceding calendar year (as required to be reported on the filer's federal income tax return covering the preceding calendar year) for the filer and his or her spouse and, if the sale or transfer of an asset produced more than $7,500 in capital gains during the preceding calendar year, the transaction date on which that asset was sold or transferred;
(3) each creditor of a debt in excess of $10,000     that, during the preceding calendar year, was: (i) owed by the filer, (ii) owed jointly by the filer with his or her spouse or (iii) owed jointly by the filer with his or her minor child or children;
(4) the name of each unit of government of which the     filer or his or her spouse was an employee, contractor, or office holder during the preceding calendar year other than the unit or units of government in relation to which the person is required to file and the title of the position or nature of the contractual services;
(5) each person known to the filer to be registered     as a lobbyist with any unit of government in the State of Illinois: (i) with whom the filer maintains an economic relationship, or (ii)  who is a member of the filer's family;
(6) each source and type of gift or gifts, or     honorarium or honoraria, valued singly or in the aggregate in excess of $500 that was received during the preceding calendar year, excluding any gift or gifts from a member of the filer's family that was not known to the filer to be registered as a lobbyist with any unit of government in the State of Illinois; and
(7) the name of any spouse or immediate family member     living with such person employed by a public utility in this State and the name of the public utility that employs such person.
For the purposes of this Section, the unit of local government in relation to which a person is required to file under item (e) of Section 4A-101.5 shall be the unit of local government that contributes to the pension fund of which such person is a member of the board.
(b) Beginning December 1, 2025, and for every 5 years thereafter, the Secretary of State shall adjust the amounts specified under this Section that prompt disclosure under this Act for purposes of inflation as determined by the Consumer Price Index for All Urban Consumers as issued by the United States Department of Labor and rounded to the nearest $100. The Secretary shall publish this information on the official website of the Secretary of State, and make changes to the statement of economic interests form to be completed for the following year.
(c) The Secretary of State shall develop and make publicly available on his or her website written guidance relating to the completion and filing of the statement of economic interests upon which a filer may reasonably and in good faith rely.
(Source: P.A. 101-221, eff. 8-9-19; 102-662, eff. 9-15-21; 102-664, eff. 1-1-22; 102-813, eff. 5-13-22.)
(5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
Sec. 4A-103. 
The statement of economic interests required by this Article to be filed
with the Secretary of State or county clerk shall be verified, dated, and signed by the
person making the statement and shall contain substantially the following:
STATEMENT OF ECONOMIC INTERESTS
INSTRUCTIONS:
You may find the following documents helpful to you in completing this form:
(1) federal income tax returns, including any related     schedules, attachments, and forms; and
(2) investment and brokerage statements.
To complete this form, you do not need to disclose specific amounts or values or report interests relating either to political committees registered with the Illinois State Board of Elections or to political committees, principal campaign committees,  or authorized committees registered with the Federal Election Commission.
The information you disclose will be available to the public.
You must answer all 6 questions.  Certain questions will ask you to report any applicable assets or debts held in, or payable to, your name; held jointly by, or payable to, you with your spouse; or held jointly by, or payable to, you with your minor child.  If you have any concerns about whether an interest should be reported, please consult your department's ethics officer, if applicable.
Please ensure that the information you provide is complete and accurate.  If you need more space than the form allows, please attach additional pages for your response. If you are subject to the State Officials and Employees Ethics Act, your ethics officer must review your statement of economic interests before you file it. Failure to complete the statement in good faith and within the prescribed deadline may subject you to fines, imprisonment, or both.
BASIC INFORMATION:
Name:.........................................................
Job title:....................................................
Office, department, or agency that requires you to file this form:.
Other offices, departments, or agencies that require you to file a Statement of Economic Interests form: .
Full mailing address:.........................................
Preferred e-mail address (optional):..........................
QUESTIONS:
1.  If you have any single asset that was worth more than $10,000 as of the end of the preceding calendar year and is held in, or payable to, your name, held jointly by, or payable to, you with your spouse, or held jointly by, or payable to, you with your minor child,
list such assets below. In the case of investment real estate, list the city and state where the investment real estate is located.  If you do not have any such assets, list "none" below.
..............................................................
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..............................................................
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2.  Excluding the position for which you are required to file this form, list the source of any income in excess of $7,500  required to be reported during the preceding calendar year.  If you sold an asset that produced more than $7,500 in capital gains in the preceding calendar year, list the name of the asset and the transaction date on which the sale or transfer took place.  If you had no such sources of income or assets, list "none" below.
Source of Income / Name of
Date Sold (if applicable)
Asset
....................
....................
....................
....................
....................
....................
3. Excluding debts incurred on terms available to the general public, such as mortgages, student loans, and credit card debts, if you owed any single debt in the preceding calendar year exceeding $10,000, list the creditor of the debt below.  If you had no such debts, list "none" below.
List the creditor for all applicable debts owed by you, owed jointly by you with your spouse, or owed jointly by you with your minor child. In addition to the types of debts listed above, you do not need to report any debts to or from financial institutions or government agencies, such as debts secured by automobiles, household furniture or appliances, as long as the debt was made on terms available to the general public, debts to members of your family, or debts to or from a political committee registered with the Illinois State Board of Elections or any political committee, principal campaign committee, or authorized committee registered with the Federal Election Commission.
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..............................................................
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4. List the name of each unit of government of which you or your spouse were an employee, contractor, or office holder during the preceding calendar year other than the unit or units of government in relation to which the person is required to file and the title of the position or nature of the contractual services.
Name of Unit of Government
Title or Nature of Services
....................
....................
....................
....................
....................
....................
5. If you maintain an economic relationship with a lobbyist or if a member of your family is known to you to be a lobbyist registered with any unit of government in the State of Illinois, list the name of the lobbyist below and identify the nature of your relationship with the lobbyist.  If you do not have an economic relationship with a lobbyist or a family member known to you to be a lobbyist registered with any unit of government in the State of Illinois, list "none" below.
Name of Lobbyist
Relationship to Filer
....................
....................
....................
....................
....................
....................
6. List the name of each person, organization, or entity that was the source of a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500 received during the preceding calendar year and the type of gift or gifts, or honorarium or honoraria, excluding any gift or gifts from a member of your family that was not known to be a lobbyist registered with any unit of government in the State of Illinois. If you had no such gifts, list "none" below.
..............................................................
..............................................................
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7. List the name of any spouse or immediate family member living with the person making this statement employed by a public utility in this State and the name of the public utility that employs the relative.
Name and Relation
Public Utility
....................
....................
....................
....................
....................
....................
VERIFICATION:
"I declare that this statement of economic interests (including any attachments) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of my economic interests as required by the Illinois Governmental Ethics Act.  I understand that the penalty for willfully filing a false or incomplete statement is a fine not to exceed $2,500 or imprisonment in a penal institution other than the penitentiary not to exceed one year, or both fine and imprisonment."
Printed Name of Filer:........................................
Date:.........................................................
Signature:....................................................
If this statement of economic interests requires ethics officer review prior to filing, the applicable ethics officer must complete the following:
CERTIFICATION OF ETHICS OFFICER REVIEW:
"In accordance with law, as Ethics Officer, I reviewed this statement of economic interests prior to its filing."
Printed Name of Ethics Officer:...............................
Date:.........................................................
Signature:....................................................
Preferred e-mail address (optional):..........................
(Source: P.A. 102-662, eff. 9-15-21; 102-664, eff. 1-1-22.)
(5 ILCS 420/4A-104) (from Ch. 127, par. 604A-104)
Sec. 4A-104. 
					(Repealed).
(Source: P.A. 95-173, eff. 1-1-08. Repealed by P.A. 102-644, eff. 1-1-22.)
(5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
Sec. 4A-105. Time for filing.   Except as provided in Section 4A-106.1, by
May 1 of each year a statement must be filed by each person
whose position at that time subjects him to the filing requirements of Section
4A-101 or 4A-101.5 unless he has already filed a statement in relation to the same unit of
government in that calendar year.
Statements must also be filed as follows:
(a) A candidate for elective office shall file his     statement not later than the end of the period during which he can take the action necessary under the laws of this State to attempt to qualify for nomination, election, or retention to such office if he has not filed a statement in relation to the same unit of government within a year preceding such action.
(b) A person whose appointment to office is subject     to confirmation by the Senate shall file his statement at the time his name is submitted to the Senate for confirmation.
(b-5) A special government agent, as defined in item     (1) of Section 4A-101 of this Act, shall file a statement within 30 days after making the first ex parte communication and each May 1 thereafter if he or she has made an ex parte communication within the previous 12 months.
(c) Any other person required by this Article to file     the statement shall file a statement at the time of his or her initial appointment or employment in relation to that unit of government if appointed or employed by May 1.
If any person who is required to file a statement of economic interests
fails to file such statement by May 1 of any year, the officer with whom
such statement is to be filed under Section 4A-106 or 4A-106.5 of this Act shall,
within 7 days after May 1, notify such person by certified mail of his or
her failure to file by the specified date.  Except as may be prescribed by
rule of the Secretary of State, such person shall file his or
her statement of economic interests on or before May 15 with the
appropriate officer, together with a $15 late filing fee.  Any such person
who fails to file by May 15 shall be subject to a penalty of $100 for each
day from May 16 to the date of filing, which shall be in addition to the $15
late filing fee specified above.  Failure to file by May 31 shall result in a
forfeiture in accordance with Section 4A-107 of this Act.
Any person who takes office or otherwise becomes required to file a
statement of economic interests within 30 days prior to May 1 of any year
may file his or her statement at any time on or before May 31 without
penalty.  If such person fails to file such statement by May 31, the
officer with whom such statement is to be filed under Section 4A-106 or 4A-106.5 of
this Act shall, within 7 days after May 31, notify such person by certified
mail of his or her failure to file by the specified date.  Such person
shall file his or her statement of economic interests on or before June 15 with
the appropriate officer, together with a $15 late filing fee.  Any such
person who fails to file by June 15 shall be subject to a penalty of $100
per day for each day from June 16 to the date of filing, which shall be in
addition to the $15 late filing fee specified above.  Failure to file by June
30 shall result in a forfeiture in accordance with Section 4A-107 of this Act.
All late filing fees and penalties collected pursuant to this Section
shall be paid into the General Revenue Fund in the State treasury, if the
Secretary of State receives such statement for filing, or into the general
fund in the county treasury, if the county clerk receives such statement
for filing.  The Attorney General, with respect to the State, and the
several State's Attorneys, with respect to counties, shall take appropriate
action to collect the prescribed penalties.
Failure to file a statement of economic interests within the time
prescribed shall not result in a fine or ineligibility for, or forfeiture of,
office or position of employment, as the case may be; provided that the failure
to file results from not being included for notification by the appropriate
agency, clerk, secretary, officer or unit of government, as the case may be,
and that a statement is filed within 30 days of actual notice of the failure to
file.
Beginning with statements required to be filed on or after May 1, 2009, the officer with whom a statement is to be filed may, in his or her discretion, waive the late filing fee, the monetary late filing penalty, and the ineligibility for or forfeiture of office or position for failure to file when the person's late filing of a statement or failure to file a statement is due to his or her (i) serious or catastrophic illness that renders the person temporarily incapable of completing the statement or (ii) military service.
Notwithstanding any provision of law or rule to the contrary, the deadlines for filing statements of economic interests under this Section on or after March 17, 2020 shall be suspended until August 1, 2020.
(Source: P.A. 101-221, eff. 8-9-19; 101-640, eff. 6-12-20.)
(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
Sec. 4A-106. Persons filing statements with Secretary of State; notice; certification of list of names; alphabetical list; receipt; examination and copying of statements. The statements of economic interests required of persons
listed in 
Section 4A-101 shall be
filed with the Secretary of State.  On or before February 1
annually, the chief administrative officer of any State agency in the
executive, legislative, or judicial branch employing persons required to file
under item (f) or item (l) of Section
4A-101 and the chief administrative officer of a board or panel described in item (n) or (p) of Section 4A-101 shall certify to the Secretary of State the names and mailing addresses
of those persons.  In preparing the lists, each chief
administrative officer, or his or her designee, shall set out the names in
alphabetical order.
On or before April 1 annually, the Secretary of State shall notify (1)
all persons whose names have been certified to him under items (f),
 (l), (n), and (p) of
Section 4A-101, and (2) all persons described in items (a) through (e) and
item (j) of Section 4A-101, other than candidates for office who have filed
their statements with their nominating petitions, of the requirements for
filing statements of economic interests.
A person required to file with the Secretary of State by virtue of more than
one position as listed in Section 4A-101, and filing his or her statement of economic interests in writing, rather than through the Internet-based system, 
shall be notified of and is
required
to file only one statement of economic interests relating to all items under
which the person is required to file with the Secretary of State.
Except as provided in Section 4A-106.1, the notices provided for in this
Section shall be in writing and deposited in
the U.S. Mail, properly addressed, first class postage prepaid, on or before
the day required by this Section for the sending of the notice. A certificate
executed by the Secretary of State attesting that he or she has sent
the notice by the means permitted by this Section constitutes prima facie evidence thereof.
Any person who files or has filed a statement of economic interest
under this Section is entitled to receive from the Secretary of State a receipt indicating that the person has filed
such a statement, the date of such filing, and the identity of the
governmental unit or units in relation to which the filing is required.
The Secretary of State may employ such employees and consultants
as he considers necessary to carry out his duties hereunder, and may
prescribe their duties, fix their compensation, and provide for
reimbursement of their expenses.
All statements of economic interests filed under this Section shall be
available for examination and copying by the public at all reasonable times.
Not later than 12 months after the effective date of this amendatory Act of
the 93rd General Assembly, beginning with statements filed in calendar year
2004, the Secretary of State shall make statements of economic interests filed
with the Secretary available for inspection and copying via the Secretary's
website.
(Source: P.A. 101-221, eff. 8-9-19.)
(5 ILCS 420/4A-106.1)
Sec. 4A-106.1. 
		1994 school district and community college district
filings.  Elected officials and appointed officials of school
districts and community college districts required to file statements of
economic interests in calendar year 1994 shall file those statements by October
1,
1994 rather than May 1, 1994.
(Source: P.A. 88-605, eff. 9-1-94.)
(5 ILCS 420/4A-106.5)
Sec. 4A-106.5. Persons filing statements with county clerk; notice; certification of list of names; alphabetical list; receipt; examination and copying of statements. The statements of economic interests required of persons listed in Section 4A-101.5 shall be filed with the county clerk of the county in which the principal office of the unit of local government with which the person is associated is located. If it is not apparent which county the principal office of a unit of local government is located, the chief administrative officer, or his or her designee, has the authority, for purposes of this Act, to determine the county in which the principal office is located. Annually, on or before February 1, the chief administrative officer, or his or her designee, of each unit of local government with persons described in Section 4A-101.5 shall certify to the appropriate county clerk a list of names and addresses of persons that are required to file. In preparing the lists, each chief administrative officer, or his or her designee, shall set out the names in alphabetical order.
On or before April 1 annually, the county clerk of each county shall notify all persons whose names have been certified to him under Section 4A-101.5, other than candidates for office who have filed their statements with their nominating petitions, of the requirements for filing statements of economic interests. A person required to file with a county clerk by virtue of more than one item among items set forth in Section 4A-101.5 shall be notified of and is required to file only one statement of economic interests relating to all items under which the person is required to file with that county clerk.
Except as provided in Section 4A-106.1, the notices provided for in this Section shall be in writing and deposited in the U.S. Mail, properly addressed, first class postage prepaid, on or before the day required by this Section for the sending of the notice. Alternatively, a county clerk may send the notices electronically to all persons whose names have been thus certified to him. A certificate executed by a county clerk attesting that he or she has sent the notice by the means permitted by this Section constitutes prima facie evidence thereof.
From the lists certified to him or her under this Section of persons described in Section 4A-101.5, the clerk of each county shall compile an alphabetical listing of persons required to file statements of economic interests in his or her office under any of those items. As the statements are filed in his or her office, the county clerk shall cause the fact of that filing to be indicated on the alphabetical listing of persons who are required to file statements. Within 30 days after the due dates, the county clerk shall mail to the State Board of Elections a true copy of that listing showing those who have filed statements.
The county clerk of each county shall note upon the alphabetical listing the names of all persons required to file a statement of economic interests who failed to file a statement on or before May 1. It shall be the duty of the several county clerks to give notice as provided in Section 4A-105 to any person who has failed to file his or her statement with the clerk on or before May 1.
Any person who files or has filed a statement of economic interest under this Section is entitled to receive from the county clerk a receipt indicating that the person has filed such a statement, the date of filing, and the identity of the governmental unit or units in relation to which the filing is required.
All statements of economic interests filed under this Section shall be available for examination and copying by the public at all reasonable times.
(Source: P.A. 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.)
(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
Sec. 4A-107. Any person required to file a statement of economic interests
under this Article who willfully files a false or incomplete statement shall be
guilty of a Class A misdemeanor; provided, a filer's statement made in reasonable, good faith reliance on the guidance provided by the Secretary of State pursuant to Section 4A-102 or his or her ethics officer shall not constitute a willful false or incomplete statement.
Except when the fees and penalties for late filing have been waived under Section 4A-105, failure to file a statement within the time prescribed shall result in
ineligibility for, or forfeiture of, office or position of employment, as
the case may be; provided, however, that if the notice of failure to
file a statement of economic interests provided in Section 4A-105 of this
Act is not given by the Secretary of State or the county clerk, as the case
may be, no forfeiture shall result if a statement is filed within 30 days
of actual notice of the failure to file. The Secretary of State shall provide the Attorney General with the names of persons who failed to file a statement. The county clerk shall provide the State's Attorney of the county of the entity for which the filing of a statement of economic interest is required with the name of persons who failed to file a statement.
The Attorney General, with respect to offices or positions described in
items (a) through (f) and items (j), (l), (n), and (p) of Section 4A-101 of this
Act, or the State's
Attorney of the county of the entity for which the filing of statements of
economic interests is required, with respect to offices or positions
described in items (a) through (e) of
Section 4A-101.5,
shall bring an action in quo warranto against any person who has failed to file
by either May 31 or June 30 of any given year and for whom the fees and penalties for late filing have not been waived under Section 4A-105.
(Source: P.A. 101-221, eff. 8-9-19; 102-664, eff. 1-1-22; 102-813, eff. 5-13-22.)
(5 ILCS 420/4A-108)
Sec. 4A-108. Internet-based systems of filing.
(a) Notwithstanding any other provision of this Act or any other law, the Secretary of State and county clerks are authorized to institute an Internet-based system for the filing of statements of economic interests in their offices. With respect to county clerk systems, the determination to institute such a system shall be in the sole discretion of the county clerk and shall meet the requirements set out in this Section. With respect to a Secretary of State system, the determination to institute such a system shall be in the sole discretion of the Secretary of State and shall meet the requirements set out in this Section and those Sections of the State Officials and Employees Ethics Act requiring ethics officer review prior to filing. The system shall be capable of allowing an ethics officer to approve a statement of economic interests and shall include a means to amend a statement of economic interests. When this Section does not modify or remove the requirements set forth elsewhere in this Article, those requirements shall apply to any system of Internet-based filing authorized by this Section. When this Section does modify or remove the requirements set forth elsewhere in this Article, the provisions of this Section shall apply to any system of Internet-based filing authorized by this Section.
(b) In any system of Internet-based filing of statements of economic interests instituted by the Secretary of State or a county clerk:
(1) Any filing of an Internet-based statement of     economic interests shall be the equivalent of the filing of a verified, written statement of economic interests as required by Section 4A-101 or 4A-101.5 and the equivalent of the filing of a verified, dated, and signed statement of economic interests as required by Section 4A-103.
(2) The Secretary of State and county clerks who     institute a system of Internet-based filing of statements of economic interests shall establish a password-protected website to receive the filings of such statements. A website established under this Section shall set forth and provide a means of responding to the items set forth in Section 4A-103 that are required of a person who files a statement of economic interests with that officer. A website established under this Section shall set forth and provide a means of generating a printable receipt page acknowledging filing.
(3) The times for the filing of statements of     economic interests set forth in Section 4A-105 shall be followed in any system of Internet-based filing of statements of economic interests; provided that a candidate for elective office who is required to file a statement of economic interests in relation to his or her candidacy pursuant to Section 4A-105(a) shall receive a written or printed receipt for his or her filing.
A candidate filing for Governor, Lieutenant Governor,     Attorney General, Secretary of State, Treasurer, Comptroller, State Senate, State House of Representatives, Supreme Court Justice, appellate court judge, circuit court judge, or judicial retention shall not use the Internet to file his or her statement of economic interests, but shall file his or her statement of economic interests in a written or printed form and shall receive a written or printed receipt for his or her filing. Annually, the duly appointed ethics officer for each legislative caucus shall certify to the Secretary of State whether his or her caucus members will file their statements of economic interests electronically or in a written or printed format for that year. If the ethics officer for a caucus certifies that the statements of economic interests shall be written or printed, then members of the General Assembly of that caucus shall not use the Internet to file his or her statement of economic interests, but shall file his or her statement of economic interests in a written or printed form and shall receive a written or printed receipt for his or her filing. If no certification is made by an ethics officer for a legislative caucus, or if a member of the General Assembly is not affiliated with a legislative caucus, then the affected member or members of the General Assembly may file their statements of economic interests using the Internet.
(4) In the first year of the implementation of a     system of Internet-based filing of statements of economic interests, each person required to file such a statement is to be notified in writing of his or her obligation to file his or her statement of economic interests by way of the Internet-based system. If access to the website requires a code or password, this information shall be included in the notice prescribed by this paragraph.
(5) When a person required to file a statement of     economic interests has supplied the Secretary of State or a county clerk, as applicable, with an email address for the purpose of receiving notices under this Article by email, a notice sent by email to the supplied email address shall be the equivalent of a notice sent by first class mail, as set forth in Section 4A-106 or 4A-106.5. A person who has supplied such an email address shall notify the Secretary of State or county clerk, as applicable, when his or her email address changes or if he or she no longer wishes to receive notices by email.
(6) If any person who is required to file a statement     of economic interests and who has chosen to receive notices by email fails to file his or her statement by May 10, then the Secretary of State or county clerk, as applicable, shall send an additional email notice on that date, informing the person that he or she has not filed and describing the penalties for late filing and failing to file. This notice shall be in addition to other notices provided for in this Article.
(7) The Secretary of State and each county clerk who     institutes a system of Internet-based filing of statements of economic interests may also institute an Internet-based process for the filing of the list of names and addresses of persons required to file statements of economic interests by the chief administrative officers that must file such information with the Secretary of State or county clerk, as applicable, pursuant to Section 4A-106 or 4A-106.5. Whenever the Secretary of State or a county clerk institutes such a system under this paragraph, every chief administrative officer must use the system to file this information.
(8) The Secretary of State and any county clerk who     institutes a system of Internet-based filing of statements of economic interests shall post the contents of such statements filed with him or her available for inspection and copying on a publicly accessible website. Such postings shall not include the addresses or signatures of the filers.
(Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21; 102-664, eff. 1-1-22.)