Illinois Administrative Code

Section 100.130 Reporting by Certain Nonprofit Organizations (Repealed) (Source: Repealed at 35 Ill. Reg. 2295, effective February 4, 2011)

Section 100.140 Prohibited Contributions – State Property a) Upon receipt of a notice of violation of Section 5-35 of the State Officials and Employees Ethics Act [5 ILCS 430/5-35], the State Board of Elections may assess a penalty not to exceed 100% of the value of the contribut…

Section 100.150 Electronic Filing of Reports a) The State Board of Elections will make electronic filing available to committees required to report electronically under Code Section 9-28 using a platform provided by the Board. Mandatory electronic filers may not send reports via …

Section 100.160 Good Faith a) For purposes of this Section, "contributor" includes the terms "lender" and "endorser". A committee acts in good faith under Section 9-11 of the Election Code if: 1) its written solicitation for funds includes a clear written request for the name of …

Section 100.170 Sponsoring Entity (Repealed) (Source: Repealed at 50 Ill. Reg. 5180, effective March 27, 2026)

Section 100.175 Audit Findings for Political Committees a) The Board may order a political committee to conduct an audit of its financial records based upon criteria outlined in Code Section 9-13(b). These criteria are limited to a situation in which: 1) there is a discrepancy be…

Section 100.180 Business Entity Registration Procedures a) This Section and Section 100.185 are adopted to comply with Public Act 95-971, as amended by Public Acts 96-848, 97-411, 97-895, and 103-570. Any business entity whose existing State contracts, whose pending bids and prop…

Section 100.185 Assessment of Civil Penalties a) The provisions of Code Sections 9-20 through 9-24 relating to complaints for violations of Article 9 of the Election Code shall apply to complaints for violations of Code Section 9-35(d) (failure to notify affiliated persons and en…

Section 100.190 Training Requirement for Committee Treasurers a) Within 60 days after a political committee designates a new treasurer under Section Code 9-2(f), the treasurer must contact Board staff and complete a training session on compliance with the requirements of Article …

Section 100.20 Official Forms a) Reference: This Section interprets or applies Sections 9-10(a) and 9-15(1) of the Election Code. b) Political committees are required to use only the official forms or copies of official forms and appropriate schedules approved by the State Board …

Section 100.30 Forwarding of Documents (Repealed) (Source: Repealed at 16 Ill. Reg. 6982, effective April 21, 1992)

Section 100.40 Vacancies in Office − Custody of Records 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 r…

Section 100.50 Multiple Filings by State and Local Committees (Repealed) (Source: Repealed at 35 Ill. Reg. 2295, effective February 4, 2011)

Section 100.60 Filing Option for a Federal Political Committee a) Reference: This Section interprets or applies Code Section 9-15. b) Any "person" or "whoever", as defined by Code Section 9-1.6, qualifying as a political committee under Article 9 of the Election Code and filing F…

Section 100.70 Reports of Contributions and Expenditures a) Reference: This Section interprets or applies Code Sections 9-6, 9-10 and 9-11. b) All contributions, as that term is defined in Code Section 9-1.4, of $1,000 or more, including loans and in-kind contributions, must be r…

Section 100.75 Limitation on Campaign Contributions Political committees are limited in the amount of contributions that they can accept. Appendix A, Table A lists the 6 types of political committees (candidate, political party, political action, ballot initiative, independent ex…

Section 100.80 Report Forms a) Reference: This Section interprets or applies Sections 9-10 and 9-11 of the Election Code. b) All reports submitted by political committees pursuant to Article 9 of the Election Code shall either be typed or printed legibly in black ink. c) Computer…

Section 100.85 Independent Expenditures a) When determining whether a natural person making an independent expenditure or expenditures has exceeded the $3,000 threshold triggering the requirement to file a written disclosure with the Board, the phrase "a public official or candid…

Section 100.90 Provision Circumvention a) Reference: This Section interprets or applies Section 9-26 of the Election Code. b) The State Board of Elections will view any attempt to circumvent the clear intentions of the Act by means of subterfuge as violations of Article 9 of the …

Section 100.APPENDIX A Contributions Allowed Per Election Cycle

Section 100.TABLE B Election Cycles a) CANDIDATE POLITICAL COMMITTEE 1) Support candidate to be elected at a general primary election or general election A) Beginning January 1 following a general election for office to which candidate seeks nomination or election and ending on d…

Section 150.10 Definitions As used in this Part, the following terms shall have the meanings specified: "Act" or "HAVA" means the Help America Vote Act (Public Law 107-252; 42 USC 15301) and all amendments. "Board" means the State Board of Elections. "Complainant" means a party i…

Section 150.100 Settlement Pursuant to Conference At any time prior to or during the hearing, an opportunity shall be afforded all parties to dispose of the case by written stipulation, agreed settlement or consent order, unless otherwise precluded by law. Any stipulation, agreed…

Section 150.105 Continuances A hearing may be continued for good cause by the hearing examiner upon his own motion or upon motion of a party to the hearing after due consideration of any time limitations required by law or by this Part. Notice of any postponement or continuance s…

Section 150.110 Failure of Party to Appear Failure of the respondent to appear on the date set for a hearing shall not deter the hearing from proceeding unless the hearing examiner shall, for good cause, order a continuance. Failure of the complainant to appear on the date set fo…

Section 150.115 Evidence The hearing is an inquiry to elicit evidence on the question of whether the complaint is sufficiently grounded in fact and law. a) Except with respect to matters of privilege, the rules of evidence as applied in civil cases in courts of this State shall n…

Section 150.120 Official Notice Notice may be taken of matters of which the circuit courts of this State may take judicial notice. In addition, notice may be taken of generally recognized technical or scientific facts within the Board's specialized knowledge. The Board's experien…

Section 150.125 Subpoenas a) Pursuant to Article 10 of the Illinois Administrative Procedure Act and Section 9-18 of the Election Code, and upon application to the hearing examiner by any party, or upon the request of the hearing examiner, the Board may authorize the General Coun…

Section 150.130 Order of Proceeding, Record, Recommendation and Notice a) The complainant shall present his or her case first unless the hearing examiner concludes that overall fairness demands a different order or the parties consent to a different order of presentation, approve…

Section 150.135 Responsibilities of the General Counsel a) Upon receipt of a copy of the recommendation of the hearing examiner, the General Counsel shall: 1) Review the recommendation of the hearing examiner, the transcript of the proceedings, and all admitted evidence to determ…

Section 150.140 Board Determination a) After the submission of the recommendation of the hearing examiner, the transcript (if requested by the Board), and the recommendation of the General Counsel, the Board shall make a final determination of whether the complaint was sufficient…

Section 150.145 Alternative Dispute Resolution If the State Board of Elections fails to resolve the complaint within 90 days after its filing, or the parties refuse to waive the 90 day deadline, the Board shall select a person, company or association providing dispute resolution …

Section 150.15 Filing of a Complaint Any person who believes that a violation of any provision of Title III of the Act has occurred, or is occurring, or is about to occur may file a complaint with the State Board of Elections. If filed after the occurrence of the violation, the c…

Section 150.20 Form of Complaint a) All complaints filed under this Part shall be in writing and signed and sworn to (or affirmed) by the person filing the complaint and shall be notarized. In addition, the complaint shall: 1) be directed to and state the name of the respondent a…

Section 150.25 Service of Complaint The complainant shall serve a copy of the complaint upon the respondent. Service shall be complete when the document is served as provided in the Civil Practice Law [735 ILCS 5/2-203(a)], in person upon the party or his attorney, or deposited f…

Section 150.30 Preliminary Review of Complaint a) Preliminary Review 1) Upon the filing of a complaint, the General Counsel shall perform a preliminary review to determine whether the complaint meets the following requirements to constitute a valid complaint under the Act. A) The…

Section 150.35 Documents Pertaining to Hearings All documents, including but not limited to complaints, notices and motions, shall be filed with the hearing examiner and a copy shall be served upon the adverse party or its attorney as provided by Section 150.25 or, if agreed to b…

Section 150.40 Computation of Time Computation of the 90 day period of time mandated by Section 150.30(f) shall begin with the first day following the day on which the complaint is filed and shall run until the end of the 90th day, or the next following business day if the 90th d…

Section 150.45 Appearances The parties to a complaint filed pursuant to this Part may appear on their own behalf or by an attorney at law who is licensed to practice in the State of Illinois. Any person appearing pro se or by an attorney shall file a written notice of appearance …

Section 150.5 Applicability This Part shall apply to the procedures utilized by the State Board of Elections to resolve complaints filed pursuant to Title IV Section 402 of the Help America Vote Act. This Part is authorized by the Act and Section 10-5 of the Illinois Administrati…

Section 150.50 Non-Legal Assistance Any party involved in the complaint proceeding shall have the right to the presence and participation of additional persons in order to provide technical assistance and/or consultation. To maintain order, the hearing examiner may at his discret…

Section 150.55 Designation of Parties If a complete determination of the complaint cannot be had without the presence of other parties, the General Counsel, the hearing examiner or the Board may direct those parties to be brought in. Service of process shall be as provided in Sec…

Section 150.60 Answer Any respondent may file a written answer to a complaint prior to or at the time of any proceeding or hearing, but shall not be required to file an answer. The failure to file an answer shall not be deemed an admission of any allegation in the complaint nor a…

Section 150.65 Appointment and Qualifications of Hearing Examiner Within 5 business days after the filing of a complaint, the General Counsel shall appoint a hearing examiner to hear the complaint who shall be a licensed attorney in the State of Illinois. If the Board is a respon…

Section 150.70 Authority of Hearing Examiner The hearing examiner has the authority to conduct and preside over the hearing and is empowered to take all necessary action to avoid delay, to maintain order, to ensure compliance with all requirements contained in this Part, and to e…

Section 150.75 Disqualification of Hearing Examiner Any party to a hearing may file a written request for disqualification of the hearing examiner, setting forth the nature of the personal bias, prejudice, or other grounds for disqualification. The request shall be made to the Ge…

Section 150.80 Motions Unless otherwise directed by the hearing examiner, motions shall be in writing and submitted to the hearing examiner and the adverse party prior to the hearing, pursuant to Section 150.35. Where the Board is conducting a hearing to determine the final dispo…

Section 150.85 Consolidation and Severance of Claims: Additional Parties In the interest of convenience and the expeditious and complete determination of claims, the hearing examiner or the Board may consolidate or sever complaints involving any number of parties.

Section 150.90 Amendments Complaints may be amended under any of the following circumstances: a) at the request of the General Counsel following the preliminary review referred to in Section 150.30(a); b) to correct any technical defects; c) to conform to the evidence presented a…

Section 150.95 Pre-Hearing Conferences a) At the request of the hearing examiner or either party and prior to the hearing, the hearing examiner may direct the parties or their attorneys to appear at a specified time and place for a conference, for the purposes listed in this subs…