Bill Text: IL HB0232 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Election Code. With respect to campaign contributions to a candidate political committee from a political party political committees, makes the limits that apply during a general primary election cycle apply during any election cycle. Effective immediately.

Spectrum: Partisan Bill (Republican 55-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0232 Detail]

Download: Illinois-2011-HB0232-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0232 Introduced , by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-8.5
Amends the Election Code. With respect to campaign contributions to a candidate political committee from a political party political committees, makes the limits that apply during a general primary election cycle apply during any election cycle. Effective immediately.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing Section
9-8.5 as follows:
(10 ILCS 5/9-8.5)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 9-8.5. Limitations on campaign contributions.
(a) It is unlawful for a political committee to accept
contributions except as provided in this Section.
(b) During an election cycle, a candidate political
committee may not accept contributions with an aggregate value
over the following: (i) $5,000 from any individual, (ii)
$10,000 from any corporation, labor organization, or
association, or (iii) $50,000 from a candidate political
committee or political action committee. A candidate political
committee may accept contributions in any amount from a
political party committee except during an election cycle in
which the candidate seeks nomination at a primary election.
During an election cycle in which the candidate seeks
nomination at a primary election, a candidate political
committee may not accept contributions from political party

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committees with an aggregate value over the following: (i)
$200,000 for a candidate political committee established to
support a candidate seeking nomination or election to statewide
office, (ii) $125,000 for a candidate political committee
established to support a candidate seeking nomination or
election to the Senate, the Supreme Court or Appellate Court in
the First Judicial District, or an office elected by all voters
in a county with 1,000,000 or more residents, (iii) $75,000 for
a candidate political committee established to support a
candidate seeking nomination or election to the House of
Representatives, the Supreme Court or Appellate Court for a
Judicial District other than the First Judicial District, an
office elected by all voters of a county of fewer than
1,000,000 residents, and municipal and county offices in Cook
County other than those elected by all voters of Cook County,
and (iv) $50,000 for a candidate political committee
established to support the nomination or election of a
candidate to any other office. A candidate political committee
established to elect a candidate to the General Assembly may
accept contributions from only one legislative caucus
committee. A candidate political committee may not accept
contributions from a ballot initiative committee.
(c) During an election cycle, a political party committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, or association, or (iii)

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$50,000 from a political action committee. A political party
committee may accept contributions in any amount from another
political party committee or a candidate political committee,
except as provided in subsection (c-5). Nothing in this Section
shall limit the amounts that may be transferred between a State
political committee and federal political committee. A
political party committee may not accept contributions from a
ballot initiative committee. A political party committee
established by a legislative caucus may not accept
contributions from another political party committee
established by a legislative caucus.
(c-5) During the period beginning on the date candidates
may begin circulating petitions for a primary election and
ending on the day of the primary election, a political party
committee may not accept contributions with an aggregate value
over $50,000 from a candidate political committee or political
party committee. A political party committee may accept
contributions in any amount from a candidate political
committee or political party committee if the political party
committee receiving the contribution filed a statement of
nonparticipation in the primary as provided in subsection
(c-10). The Task Force on Campaign Finance Reform shall study
and make recommendations on the provisions of this subsection
to the Governor and General Assembly by September 30, 2012.
This subsection becomes inoperative on July 1, 2013 and
thereafter no longer applies.

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(c-10) A political party committee that does not intend to
make contributions to candidates to be nominated at a general
primary election or consolidated primary election may file a
Statement of Nonparticipation in a Primary Election with the
Board. The Statement of Nonparticipation shall include a
verification signed by the chairperson and treasurer of the
committee that (i) the committee will not make contributions or
coordinated expenditures in support of or opposition to a
candidate or candidates to be nominated at the general primary
election or consolidated primary election (select one) to be
held on (insert date), (ii) the political party committee may
accept unlimited contributions from candidate political
committees and political party committees, provided that the
political party committee does not make contributions to a
candidate or candidates to be nominated at the primary
election, and (iii) failure to abide by these requirements
shall deem the political party committee in violation of this
Article and subject the committee to a fine of no more than
150% of the total contributions or coordinated expenditures
made by the committee in violation of this Article. This
subsection becomes inoperative on July 1, 2013 and thereafter
no longer applies.
(d) During an election cycle, a political action committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, political party

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committee, or association, or (iii) $50,000 from a political
action committee or candidate political committee. A political
action committee may not accept contributions from a ballot
initiative committee.
(e) A ballot initiative committee may accept contributions
in any amount from any source, provided that the committee
files the document required by Section 9-3 of this Article.
(f) Nothing in this Section shall prohibit a political
committee from dividing the proceeds of joint fundraising
efforts; provided that no political committee may receive more
than the limit from any one contributor.
(g) On January 1 of each odd-numbered year, the State Board
of Elections shall adjust the amounts of the contribution
limitations established in this Section for 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 State Board shall publish this
information on its official website.
(h) Self-funding candidates. If a public official, a
candidate, or the public official's or candidate's immediate
family contributes or loans to the public official's or
candidate's political committee or to other political
committees that transfer funds to the public official's or
candidate's political committee or makes independent
expenditures for the benefit of the public official's or
candidate's campaign during the 12 months prior to an election

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in an aggregate amount of more than (i) $250,000 for statewide
office or (ii) $100,000 for all other elective offices, then
the public official or candidate shall file with the State
Board of Elections, within one day, a Notification of
Self-funding that shall detail each contribution or loan made
by the public official, the candidate, or the public official's
or candidate's immediate family. Within 2 business days after
the filing of a Notification of Self-funding, the notification
shall be posted on the Board's website and the Board shall give
official notice of the filing to each candidate for the same
office as the public official or candidate making the filing,
including the public official or candidate filing the
Notification of Self-funding. Upon receiving notice from the
Board, all candidates for that office, including the public
official or candidate who filed a Notification of Self-funding,
shall be permitted to accept contributions in excess of any
contribution limits imposed by subsection (b). For the purposes
of this subsection, "immediate family" means the spouse,
parent, or child of a public official or candidate.
(i) For the purposes of this Section, a corporation, labor
organization, association, or a political action committee
established by a corporation, labor organization, or
association may act as a conduit in facilitating the delivery
to a political action committee of contributions made through
dues, levies, or similar assessments and the political action
committee may report the contributions in the aggregate,

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provided that: (i) the dues, levies, or similar assessments
paid by any natural person, corporation, labor organization, or
association in a calendar year may not exceed the limits set
forth in this Section and (ii) the corporation, labor
organization, association, or a political action committee
established by a corporation, labor organization, or
association facilitating the delivery of contributions
maintains a list of natural persons, corporations, labor
organizations, and associations that paid the dues, levies, or
similar assessments from which the contributions comprising
the aggregate amount derive. A political action committee
facilitating the delivery of contributions or receiving
contributions shall disclose the amount of dues delivered or
received and the name of the corporation, labor organization,
association, or political action committee delivering the
contributions, if applicable.
(j) A political committee that receives a contribution or
transfer in violation of this Section shall dispose of the
contribution or transfer by returning the contribution or
transfer, or an amount equal to the contribution or transfer,
to the contributor or transferor or donating the contribution
or transfer, or an amount equal to the contribution or
transfer, to a charity. A contribution or transfer received in
violation of this Section that is not disposed of as provided
in this subsection within 15 days after its receipt shall
escheat to the General Revenue Fund and the political committee

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shall be deemed in violation of this Section and subject to a
civil penalty not to exceed 150% of the total amount of the
contribution.
(k) For the purposes of this Section, "statewide office"
means the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
(l) This Section is repealed if and when the United States
Supreme Court invalidates contribution limits on committees
formed to assist candidates, political parties, corporations,
associations, or labor organizations established by or
pursuant to federal law.
(Source: P.A. 96-832, eff. 1-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.