Bill Text: IL HB4119 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Election Code. Prohibits a political committee from making certain expenditures to provide a defense in any criminal case or a defense in a civil case against any claims that a person has committed misconduct in his or her capacity as a public official, any claims of sexual harassment, or any claims of discrimination. Requires that a person found to have used campaign contributions in violation of the Code shall return contributions to the contributor or pay to the State if the contributor cannot be identified or reimbursed. Requires the political committee to include information on the contributions returned to the contributor or paid to the State in the committee's quarterly report to the State Board of Elections.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced) 2024-06-25 - Added Co-Sponsor Rep. Randy E. Frese [HB4119 Detail]

Download: Illinois-2023-HB4119-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4119 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-8.10
10 ILCS 5/9-33 new
Amends the Election Code. Prohibits a political committee from making certain expenditures to provide a defense in any criminal case or a defense in a civil case against any claims that a person has committed misconduct in his or her capacity as a public official, any claims of sexual harassment, or any claims of discrimination. Requires that a person found to have used campaign contributions in violation of the Code shall return contributions to the contributor or pay to the State if the contributor cannot be identified or reimbursed. Requires the political committee to include information on the contributions returned to the contributor or paid to the State in the committee's quarterly report to the State Board of Elections.
LRB103 33362 AWJ 63174 b
A BILL FOR
HB4119 LRB103 33362 AWJ 63174 b
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 9-8.10 and by adding Section 9-33 as follows:
(10 ILCS 5/9-8.10)
Sec. 9-8.10. Use of political committee and other
reporting organization funds.
(a) A political committee shall not make expenditures:
(1) In violation of any law of the United States or of
this State.
(2) Clearly in excess of the fair market value of the
services, materials, facilities, or other things of value
received in exchange.
(3) For satisfaction or repayment of any debts other
than loans made to the committee or to the public official
or candidate on behalf of the committee or repayment of
goods and services purchased by the committee under a
credit agreement. Nothing in this Section authorizes the
use of campaign funds to repay personal loans. The
repayments shall be made by check written to the person
who made the loan or credit agreement. The terms and
conditions of any loan or credit agreement to a committee

HB4119 - 2 - LRB103 33362 AWJ 63174 b
shall be set forth in a written agreement, including but
not limited to the method and amount of repayment, that
shall be executed by the chair or treasurer of the
committee at the time of the loan or credit agreement. The
loan or agreement shall also set forth the rate of
interest for the loan, if any, which may not substantially
exceed the prevailing market interest rate at the time the
agreement is executed.
(4) For the satisfaction or repayment of any debts or
for the payment of any expenses relating to a personal
residence. Campaign funds may not be used as collateral
for home mortgages.
(5) For clothing or personal laundry expenses, except
clothing items rented by the public official or candidate
for his or her own use exclusively for a specific
campaign-related event, provided that committees may
purchase costumes, novelty items, or other accessories
worn primarily to advertise the candidacy.
(6) For the travel expenses of any person unless the
travel is necessary for fulfillment of political,
governmental, or public policy duties, activities, or
purposes.
(7) For membership or club dues charged by
organizations, clubs, or facilities that are primarily
engaged in providing health, exercise, or recreational
services; provided, however, that funds received under

HB4119 - 3 - LRB103 33362 AWJ 63174 b
this Article may be used to rent the clubs or facilities
for a specific campaign-related event.
(8) In payment for anything of value or for
reimbursement of any expenditure for which any person has
been reimbursed by the State or any person. For purposes
of this item (8), a per diem allowance is not a
reimbursement.
(9) For the lease or purchase of or installment
payment for a motor vehicle unless the political committee
can demonstrate the vehicle will be used primarily for
campaign purposes or for the performance of governmental
duties. Nothing in this paragraph prohibits a political
committee from using political funds to make expenditures
related to vehicles not purchased or leased by a political
committee, provided the expenditure relates to the use of
the vehicle for primarily campaign purposes or the
performance of governmental duties. Persons using vehicles
not purchased or leased by a political committee may be
reimbursed for actual mileage for the use of the vehicle
for campaign purposes or for the performance of
governmental duties. The mileage reimbursements shall be
made at a rate not to exceed the standard mileage rate
method for computation of business expenses under the
Internal Revenue Code.
(10) Directly for an individual's tuition or other
educational expenses, except for governmental or political

HB4119 - 4 - LRB103 33362 AWJ 63174 b
purposes directly related to a candidate's or public
official's duties and responsibilities.
(11) For payments to a public official or candidate or
his or her family member unless for compensation for
services actually rendered by that person. The provisions
of this item (11) do not apply to expenditures by a
political committee for expenses related to providing
childcare for a minor child or care for a dependent family
member if the care is reasonably necessary for the public
official or candidate to fulfill political or governmental
duties. The provisions of this item (11) do not apply to
expenditures by a political committee in an aggregate
amount not exceeding the amount of funds reported to and
certified by the State Board or county clerk as available
as of June 30, 1998, in the semi-annual report of
contributions and expenditures filed by the political
committee for the period concluding June 30, 1998.
(12) For payments to attorneys, expert witnesses,
investigators, or others to provide a defense in a
criminal case.
(13) For payments to attorneys, expert witnesses,
investigators, or others to provide a defense in a civil
case against any claims that a person has committed
misconduct in his or her capacity as a public official,
any claims of sexual harassment, or any claims of
discrimination.

HB4119 - 5 - LRB103 33362 AWJ 63174 b
(b) The Board shall have the authority to investigate,
upon receipt of a verified complaint, violations of the
provisions of this Section. The Board may levy a fine on any
person who knowingly makes expenditures in violation of this
Section and on any person who knowingly makes a malicious and
false accusation of a violation of this Section. The Board may
act under this subsection only upon the affirmative vote of at
least 5 of its members. The fine shall not exceed $500 for each
expenditure of $500 or less and shall not exceed the amount of
the expenditure plus $500 for each expenditure greater than
$500. The Board shall also have the authority to render
rulings and issue opinions relating to compliance with this
Section.
(c) Nothing in this Section prohibits the expenditure of
funds of a political committee controlled by an officeholder
or by a candidate to defray the customary and reasonable
expenses of an officeholder in connection with the performance
of governmental and public service functions.
(d) Nothing in this Section prohibits the funds of a
political committee which is controlled by a person convicted
of a violation of any of the offenses listed in subsection (a)
of Section 10 of the Public Corruption Profit Forfeiture Act
from being forfeited to the State under Section 15 of the
Public Corruption Profit Forfeiture Act.
(Source: P.A. 102-15, eff. 6-17-21.)

HB4119 - 6 - LRB103 33362 AWJ 63174 b
(10 ILCS 5/9-33 new)
Sec. 9-33. Forfeiture of political contribution. If a
person is found to have used campaign contributions in
violation of this Code, all contributions and other receipts
held at the time of forfeiture by a political committee
controlled by that person shall, within 30 days from the date
of a final decision by the State Board of Elections of the
finding of the violation, be returned to the contributor, if
possible, or be paid to the State if the contributor cannot be
identified or reimbursed. Payments received by the State
pursuant to this Section shall be deposited into the General
Revenue Fund.
Information on contributions returned to the contributor
or paid to the State under this Section shall be included in
the political committee's quarterly report required under
subsection (b) of Section 9-10.