Ill. Admin. Code tit. 26 § 100.120

Current through Register Vol. 48, No. 44, November 1, 2024

Section 100.120 - Receipt of Campaign Contributions

a) Every person or political committee that contributes goods or services to a committee shall provide to the treasurer of the political committee, within 5 business days after making the contribution, a detailed account of the contribution, including the name and address of the person or political committee making the contribution; a description and the market value of the goods or services; and the date on which the contribution was made. The ascertainable market value of goods and services assigned by the contributor or, if the contributor fails to provide the information to the recipient committee, by the recipient committee, shall be prima facie correct unless rebutted by clear and convincing evidence.

b) An entity defined by Code Section 9-1.6 or a political committee as defined by Code Section 9-1.8 shall acknowledge, to the donor, receipt of any notice it receives under subsection (a). No committee shall retain an in-kind contribution it has knowingly received unless it also receives the information from the contributor required by subsection (a) unless return of the contribution is impossible. If the contributor does not comply with subsection (a) and if the in-kind contribution cannot be returned, the beneficiary political committee shall nonetheless have the responsibility to report the in-kind contributions or expenditures from the contributor if it actually knows or reasonably should have known from the facts available to it that an in-kind contribution had been made in its behalf.

c) A monetary contribution is any contribution other than a gift of goods or services. The receipt date of the contribution is determined as follows:

1) A monetary contribution to a political committee is deemed to have been received on the date the contribution was deposited in a bank, financial institution or other repository of funds for the committee.

2) If not deposited into a bank, financial institution or other repository of funds, a monetary contribution is deemed to have been received as follows:

A) A cash contribution that is not deposited into a bank, financial institution or other repository of funds is deemed to be received on the date that the cash is given to any employee or agent of the committee.

B) A contribution in the form of a business check, personal check, money order, or cashier's check that is not deposited into a bank, financial institution, or other repository of funds is deemed to be received on the date the check is cashed and the cash becomes available to the committee. A contribution by credit card or other implement used for processing a monetary contribution that was deposited in a bank, financial institution or other repository of funds for the committee is deemed to be received on the date the committee received notice of the deposit.

d) A contribution of goods or services (in-kind contributions) possession of which is not actually obtained by the recipient committee is deemed received on the date the public official, candidate political or political committee received the notification of contribution of goods or services as required under Code Section 9-6(b) and subsection (a) of this Section. If no notification has been received, the in-kind contribution is deemed received on the date the candidate, chairman or treasurer of the recipient committee, or the public official, obtains knowledge of the in-kind contribution, including its value. A contribution of goods actually received by the committee is deemed to be made on the date the goods are transferred to the possession of the recipient. A contribution of services is deemed to be made on the date the services are actually performed.

e) When reporting receipt of a contribution of goods or services, the recipient committee shall, in addition to reporting the deemed date of receipt as defined by subsection (d), include by way of description the date on which the contribution was made, as reported to the committee pursuant to subsection (a).

Ill. Admin. Code tit. 26, § 100.120

Amended at 35 Ill. Reg. 2295, effective February 4, 2011

Amended at 39 Ill. Reg. 8060, effective 5/19/2015

Amended at 42 Ill. Reg. 4977, effective 2/28/2018