Illinois Administrative Code › Title 26 - ELECTIONS › Part 100 - CAMPAIGN FINANCING › Section 100.40 - Vacancies in Office - Custody of Records

Current through Register Vol. 48, No. 28, July 12, 2024
Reference: This Section interprets or applies Code Sections
				9-3, 9-5, 9-7, 9-10, 9-13 and 9-15.
a)
			 Death
Upon the death of the treasurer of a committee, the candidate
				or, if the candidate is unable or unwilling to act, the remaining officers of
				the committee shall appoint a new treasurer and amend the Statement of
				Organization (Form D-1) within 10 days after the date of death of the
				treasurer. In the event there is no candidate or remaining officers of the
				committee, the person or persons who succeed to the interests of the committee
				in its funds shall be responsible for filing all appropriate reports until such
				time as new officers are chosen or the committee terminates.
b) Removal from Office
In the case of a single candidate related committee whose
				officers were originally named by the candidate, the candidate shall have the
				right to remove any and all officers of his or her committee, provided the
				removal be done in writing and that the candidate comply with all requirements
				of the Act in the absence of officers for the candidate related committee. If a
				candidate removes from office any or all officers of the committee, all records
				related to the committee shall be maintained by the candidate. If former
				officers request, the candidate shall allow them access to records and provide
				reasonable opportunity to make copies.
c) Resignation
If the treasurer and all other officers resign and no new
				officers are appointed, the former treasurer and officers or, in the case of
				candidate related committees, the candidate shall be responsible for
				terminating the committee. When an individual vacates the position of
				treasurer, he or she shall verify the accuracy of his or her records to the
				succeeding treasurer. The succeeding treasurer shall not be held responsible
				for the veracity or accuracy of the records of the
				predecessors.
d) Inability
			 to Sign
All reports shall be verified, dated and signed by either the
				treasurer of the political committee making the statement or the candidate on
				whose behalf the statement is made. However, should it be impossible for the
				political committee to obtain the signature of the treasurer or candidate prior
				to the filing deadline, then another may sign for the treasurer, provided that
				the treasurer submits a letter within 30 days after the filing indicating that
				the substituted signature is authorized and the treasurer accepts
				responsibility as if he or she had signed. The substituted signature shall
				read, "treasurer's name, by name of person signing". If the treasurer failed to
				submit a letter within 30 days, then the report filed shall be considered a
				nonfiling.
e) All reports,
			 original reports, and other campaign documents required to be kept by a
			 political committee under Article 9 of the Election Code remain the property of
			 the political committee. No chairman, treasurer or candidate shall have any
			 proprietary or possessory interest in the documents in derogation of the rights
			 of the committee itself.
f) If any
			 political committee changes any officers, all records, statements and reports
			 in the possession of the outgoing officers shall be transferred within 10 days
			 following the change to the person or persons newly responsible for the
			 maintenance of those records and/or the filing of reports.
g) If any outgoing officer fails to turn over
			 the records in his or her care to a successor, in accord with this Section, or
			 if any officer attempts to withhold records from other officers of the
			 committee, the committee chairman, the treasurer, or the candidate may file a
			 complaint before the Board requesting a turnover order.
h) A committee that fails to preserve the
			 records and accounts required by Code Section 9-7 or by this Part for the
			 periods required by statute or rule may be required to reconstruct its records
			 and accounts if doing so is necessary to the audit of its records. If a
			 committee is required to reconstruct its records, it must pay all of the costs
			 and charges, including bank or accountants fees, for the reconstruction of the
			 records.