Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart D - FINAL ORDERS › Section 125.425 - Civil Penalty Assessments

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				report required to be filed within a specified time pursuant to Code Section
				9-10 is delinquent if not received by the Board on or before the due date.
				Reports received via U.S. mail are deemed received by the Board as of the date
				stamped by Board staff on the documents submitted.
b) If a report is or continues to be
				delinquent, it is subject to a civil penalty as set out in subsection
				(d).
c) When a report required by
				Code Section 9-10(b) is delinquent, the Board will provide the committee a
				notice of delinquency. For all violations of Code Section 9-10, within 365 days
				of the violation, the Board will send by first class mail a notice of violation
				to the chair and the treasurer of each delinquent political committee with an
				order assessing a civil penalty calculated in accord with subsection (d). The
				notice of violation and order shall also be sent by certified mail to that
				committee's address. The notice of violation shall state that the Board has
				issued a civil penalty that will be final unless the committee shows cause
				during an appeal in accord with subsection (g) why the penalty should not be
				assessed.
d) The Board will
				calculate the civil penalty for delinquent filings under Code Section 9-10 and
				subsection (c) of this Section as follows:
1)
				If the committee's total receipts, total expenditures, and balance remaining at
				the end of the reporting period for which the delinquent report was due are
				each $10,000 or less, the political committee will be assessed a fine of $10
				per business day for the first violation, $25 per business day for the second
				violation, $50 per business day for the third violation, and $75 per business
				day for the fourth and each subsequent violation, to a maximum of $250 for the
				first violation, $500 for the second violation, $1,000 for the third violation,
				and $1,500 for the fourth and each subsequent violation.
2) If the committee's total receipts, total
				expenditures, or balance remaining at the end of the reporting period for which
				the delinquent report was due exceeds $10,000, the political committee will be
				assessed a fine of $20 per business day for the first violation, $50 per
				business day for the second violation, $100 per business day for the third
				violation, and $150 for the fourth and each subsequent violation, to a maximum
				of $500 for the first violation, $1,000 for the second violation, $2,000 for
				the third violation, and $3,000 for the fourth and each subsequent
				violation.
3) For the purposes of
				subsection (d)(1)-(2):
A) calculation of a
				committee's total receipts shall include in-kind contributions in addition to
				monetary contributions; and
B)
				calculation of a committee's balance remaining at the end of the reporting
				period shall include the value of any investments held by the
				committee.
4) If the
				delinquent filing is a quarterly report, the Board will assess a civil penalty
				even if a committee has no receipts or expenditures to disclose on the
				quarterly report. No civil penalty shall be assessed against a committee if the
				quarterly report is mailed and postmarked at least 3 days prior to the filing
				deadline unless the committee has been previously notified by the Board it must
				file its reports electronically under Code Section 9-28.
5) If the report at issue is a Schedule A-1
				(report of contributions of $1,000 or more), a civil penalty for a violation of
				Code Section 9-10(c) may not exceed the amount of the contribution.
6) If the report at issue is a Schedule B-1
				(report of independent expenditures of $1,000 or more), a civil penalty for a
				violation of Code Section 9-10(e) may not exceed the amount of the independent
				expenditure.