Bill Text: IL HB4363 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Election Code. Replaces some instances of annual or semi-annual reports with quarterly reports. In provisions relating to limitations on campaign contributions, removes provisions inoperative beginning July 1, 2013. Removes a reference to the dissolved Task Force on Campaign Finance Reform. Removes references to a temporary filing system effective through August 1, 2009. Removes references to specified committees and the county clerk in the Code of Fair Campaign Practices. Repeals provisions relating to contributions by a medical cannabis cultivation center or medical cannabis dispensary organization to any political action committee created by any medical cannabis cultivation center or dispensary organization to make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official. Amends the Illinois Procurement Code. Modifies the definition of "affiliated entity" and removes the definition of "sponsoring entity".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4363 Detail]

Download: Illinois-2023-HB4363-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4363

Introduced , by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-12 from Ch. 46, par. 7-12
10 ILCS 5/9-8.5
10 ILCS 5/9-11 from Ch. 46, par. 9-11
10 ILCS 5/9-23.5
10 ILCS 5/9-35
10 ILCS 5/10-6.1 from Ch. 46, par. 10-6.1
10 ILCS 5/29B-10 from Ch. 46, par. 29B-10; formerly Ch. 46, par. 1103
10 ILCS 5/29B-15 from Ch. 46, par. 29B-15; formerly Ch. 46, par. 1104
10 ILCS 5/29B-20 from Ch. 46, par. 29B-20; formerly Ch. 46, par. 1105
10 ILCS 5/9-45 rep.
30 ILCS 500/50-37

Amends the Election Code. Replaces some instances of annual or semi-annual reports with quarterly reports. In provisions relating to limitations on campaign contributions, removes provisions inoperative beginning July 1, 2013. Removes a reference to the dissolved Task Force on Campaign Finance Reform. Removes references to a temporary filing system effective through August 1, 2009. Removes references to specified committees and the county clerk in the Code of Fair Campaign Practices. Repeals provisions relating to contributions by a medical cannabis cultivation center or medical cannabis dispensary organization to any political action committee created by any medical cannabis cultivation center or dispensary organization to make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official. Amends the Illinois Procurement Code. Modifies the definition of "affiliated entity" and removes the definition of "sponsoring entity".
LRB103 35662 AWJ 65737 b

A BILL FOR

HB4363LRB103 35662 AWJ 65737 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 7-12, 9-8.5, 9-11, 9-23.5, 9-35, 10-6.1, 29B-10,
629B-15, and 29B-20 as follows:
7 (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
8 Sec. 7-12. All petitions for nomination shall be filed by
9mail or in person as follows:
10 (1) Except as otherwise provided in this Code, where
11 the nomination is to be made for a State, congressional,
12 or judicial office, or for any office a nomination for
13 which is made for a territorial division or district which
14 comprises more than one county or is partly in one county
15 and partly in another county or counties (including the
16 Fox Metro Water Reclamation District), then, except as
17 otherwise provided in this Section, such petition for
18 nomination shall be filed in the principal office of the
19 State Board of Elections not more than 113 and not less
20 than 106 days prior to the date of the primary, but, in the
21 case of petitions for nomination to fill a vacancy by
22 special election in the office of representative in
23 Congress from this State, such petition for nomination

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1 shall be filed in the principal office of the State Board
2 of Elections not more than 85 days and not less than 82
3 days prior to the date of the primary.
4 Where a vacancy occurs in the office of Supreme,
5 Appellate or Circuit Court Judge within the 3-week period
6 preceding the 106th day before a general primary election,
7 petitions for nomination for the office in which the
8 vacancy has occurred shall be filed in the principal
9 office of the State Board of Elections not more than 92 nor
10 less than 85 days prior to the date of the general primary
11 election.
12 Where the nomination is to be made for delegates or
13 alternate delegates to a national nominating convention,
14 then such petition for nomination shall be filed in the
15 principal office of the State Board of Elections not more
16 than 113 and not less than 106 days prior to the date of
17 the primary; provided, however, that if the rules or
18 policies of a national political party conflict with such
19 requirements for filing petitions for nomination for
20 delegates or alternate delegates to a national nominating
21 convention, the chair of the State central committee of
22 such national political party shall notify the Board in
23 writing, citing by reference the rules or policies of the
24 national political party in conflict, and in such case the
25 Board shall direct such petitions to be filed in
26 accordance with the delegate selection plan adopted by the

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1 state central committee of such national political party.
2 (2) Where the nomination is to be made for a county
3 office or trustee of a sanitary district then such
4 petition shall be filed in the office of the county clerk
5 not more than 113 nor less than 106 days prior to the date
6 of the primary.
7 (3) Where the nomination is to be made for a municipal
8 or township office, such petitions for nomination shall be
9 filed in the office of the local election official, not
10 more than 99 nor less than 92 days prior to the date of the
11 primary; provided, where a municipality's or township's
12 boundaries are coextensive with or are entirely within the
13 jurisdiction of a municipal board of election
14 commissioners, the petitions shall be filed in the office
15 of such board; and provided, that petitions for the office
16 of multi-township assessor shall be filed with the
17 election authority.
18 (4) The petitions of candidates for State central
19 committeeperson shall be filed in the principal office of
20 the State Board of Elections not more than 113 nor less
21 than 106 days prior to the date of the primary.
22 (5) Petitions of candidates for precinct, township or
23 ward committeepersons shall be filed in the office of the
24 county clerk not more than 113 nor less than 106 days prior
25 to the date of the primary.
26 (6) The State Board of Elections and the various

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1 election authorities and local election officials with
2 whom such petitions for nominations are filed shall
3 specify the place where filings shall be made and upon
4 receipt shall endorse thereon the day and hour on which
5 each petition was filed. All petitions filed by persons
6 waiting in line as of 8:00 a.m. on the first day for
7 filing, or as of the normal opening hour of the office
8 involved on such day, shall be deemed filed as of 8:00 a.m.
9 or the normal opening hour, as the case may be. Petitions
10 filed by mail and received after midnight of the first day
11 for filing and in the first mail delivery or pickup of that
12 day shall be deemed as filed as of 8:00 a.m. of that day or
13 as of the normal opening hour of such day, as the case may
14 be. All petitions received thereafter shall be deemed as
15 filed in the order of actual receipt. However, 2 or more
16 petitions filed within the last hour of the filing
17 deadline shall be deemed filed simultaneously. Where 2 or
18 more petitions are received simultaneously, the State
19 Board of Elections or the various election authorities or
20 local election officials with whom such petitions are
21 filed shall break ties and determine the order of filing,
22 by means of a lottery or other fair and impartial method of
23 random selection approved by the State Board of Elections.
24 Such lottery shall be conducted within 9 days following
25 the last day for petition filing and shall be open to the
26 public. Seven days written notice of the time and place of

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1 conducting such random selection shall be given by the
2 State Board of Elections to the chair of the State central
3 committee of each established political party, and by each
4 election authority or local election official, to the
5 County Chair of each established political party, and to
6 each organization of citizens within the election
7 jurisdiction which was entitled, under this Article, at
8 the next preceding election, to have pollwatchers present
9 on the day of election. The State Board of Elections,
10 election authority or local election official shall post
11 in a conspicuous, open and public place, at the entrance
12 of the office, notice of the time and place of such
13 lottery. The State Board of Elections shall adopt rules
14 and regulations governing the procedures for the conduct
15 of such lottery. All candidates shall be certified in the
16 order in which their petitions have been filed. Where
17 candidates have filed simultaneously, they shall be
18 certified in the order determined by lot and prior to
19 candidates who filed for the same office at a later time.
20 (7) The State Board of Elections or the appropriate
21 election authority or local election official with whom
22 such a petition for nomination is filed shall notify the
23 person for whom a petition for nomination has been filed
24 of the obligation to file statements of organization,
25 reports of campaign contributions, and quarterly annual
26 reports of campaign contributions and expenditures under

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1 Article 9 of this Code. Such notice shall be given in the
2 manner prescribed by paragraph (7) of Section 9-16 of this
3 Code.
4 (8) Nomination papers filed under this Section are not
5 valid if the candidate named therein fails to file a
6 statement of economic interests as required by the
7 Illinois Governmental Ethics Act in relation to his
8 candidacy with the appropriate officer by the end of the
9 period for the filing of nomination papers unless he has
10 filed a statement of economic interests in relation to the
11 same governmental unit with that officer within a year
12 preceding the date on which such nomination papers were
13 filed. If the nomination papers of any candidate and the
14 statement of economic interest of that candidate are not
15 required to be filed with the same officer, the candidate
16 must file with the officer with whom the nomination papers
17 are filed a receipt from the officer with whom the
18 statement of economic interests is filed showing the date
19 on which such statement was filed. Such receipt shall be
20 so filed not later than the last day on which nomination
21 papers may be filed.
22 (9) Except as otherwise provided in this Code, any
23 person for whom a petition for nomination, or for
24 committeeperson or for delegate or alternate delegate to a
25 national nominating convention has been filed may cause
26 his name to be withdrawn by request in writing, signed by

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1 him and duly acknowledged before an officer qualified to
2 take acknowledgments of deeds, and filed in the principal
3 or permanent branch office of the State Board of Elections
4 or with the appropriate election authority or local
5 election official, not later than the date of
6 certification of candidates for the consolidated primary
7 or general primary ballot. No names so withdrawn shall be
8 certified or printed on the primary ballot. If petitions
9 for nomination have been filed for the same person with
10 respect to more than one political party, his name shall
11 not be certified nor printed on the primary ballot of any
12 party. If petitions for nomination have been filed for the
13 same person for 2 or more offices which are incompatible
14 so that the same person could not serve in more than one of
15 such offices if elected, that person must withdraw as a
16 candidate for all but one of such offices within the 5
17 business days following the last day for petition filing.
18 A candidate in a judicial election may file petitions for
19 nomination for only one vacancy in a subcircuit and only
20 one vacancy in a circuit in any one filing period, and if
21 petitions for nomination have been filed for the same
22 person for 2 or more vacancies in the same circuit or
23 subcircuit in the same filing period, his or her name
24 shall be certified only for the first vacancy for which
25 the petitions for nomination were filed. If he fails to
26 withdraw as a candidate for all but one of such offices

HB4363- 8 -LRB103 35662 AWJ 65737 b
1 within such time his name shall not be certified, nor
2 printed on the primary ballot, for any office. For the
3 purpose of the foregoing provisions, an office in a
4 political party is not incompatible with any other office.
5 (10)(a) Notwithstanding the provisions of any other
6 statute, no primary shall be held for an established
7 political party in any township, municipality, or ward
8 thereof, where the nomination of such party for every
9 office to be voted upon by the electors of such township,
10 municipality, or ward thereof, is uncontested. Whenever a
11 political party's nomination of candidates is uncontested
12 as to one or more, but not all, of the offices to be voted
13 upon by the electors of a township, municipality, or ward
14 thereof, then a primary shall be held for that party in
15 such township, municipality, or ward thereof; provided
16 that the primary ballot shall not include those offices
17 within such township, municipality, or ward thereof, for
18 which the nomination is uncontested. For purposes of this
19 Article, the nomination of an established political party
20 of a candidate for election to an office shall be deemed to
21 be uncontested where not more than the number of persons
22 to be nominated have timely filed valid nomination papers
23 seeking the nomination of such party for election to such
24 office.
25 (b) Notwithstanding the provisions of any other
26 statute, no primary election shall be held for an

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1 established political party for any special primary
2 election called for the purpose of filling a vacancy in
3 the office of representative in the United States Congress
4 where the nomination of such political party for said
5 office is uncontested. For the purposes of this Article,
6 the nomination of an established political party of a
7 candidate for election to said office shall be deemed to
8 be uncontested where not more than the number of persons
9 to be nominated have timely filed valid nomination papers
10 seeking the nomination of such established party for
11 election to said office. This subsection (b) shall not
12 apply if such primary election is conducted on a regularly
13 scheduled election day.
14 (c) Notwithstanding the provisions in subparagraph (a)
15 and (b) of this paragraph (10), whenever a person who has
16 not timely filed valid nomination papers and who intends
17 to become a write-in candidate for a political party's
18 nomination for any office for which the nomination is
19 uncontested files a written statement or notice of that
20 intent with the State Board of Elections or the local
21 election official with whom nomination papers for such
22 office are filed, a primary ballot shall be prepared and a
23 primary shall be held for that office. Such statement or
24 notice shall be filed on or before the date established in
25 this Article for certifying candidates for the primary
26 ballot. Such statement or notice shall contain (i) the

HB4363- 10 -LRB103 35662 AWJ 65737 b
1 name and address of the person intending to become a
2 write-in candidate, (ii) a statement that the person is a
3 qualified primary elector of the political party from whom
4 the nomination is sought, (iii) a statement that the
5 person intends to become a write-in candidate for the
6 party's nomination, and (iv) the office the person is
7 seeking as a write-in candidate. An election authority
8 shall have no duty to conduct a primary and prepare a
9 primary ballot for any office for which the nomination is
10 uncontested unless a statement or notice meeting the
11 requirements of this Section is filed in a timely manner.
12 (11) If multiple sets of nomination papers are filed
13 for a candidate to the same office, the State Board of
14 Elections, appropriate election authority or local
15 election official where the petitions are filed shall
16 within 2 business days notify the candidate of his or her
17 multiple petition filings and that the candidate has 3
18 business days after receipt of the notice to notify the
19 State Board of Elections, appropriate election authority
20 or local election official that he or she may cancel prior
21 sets of petitions. If the candidate notifies the State
22 Board of Elections, appropriate election authority or
23 local election official, the last set of petitions filed
24 shall be the only petitions to be considered valid by the
25 State Board of Elections, election authority or local
26 election official. If the candidate fails to notify the

HB4363- 11 -LRB103 35662 AWJ 65737 b
1 State Board of Elections, election authority or local
2 election official then only the first set of petitions
3 filed shall be valid and all subsequent petitions shall be
4 void.
5 (12) All nominating petitions shall be available for
6 public inspection and shall be preserved for a period of
7 not less than 6 months.
8(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;
9102-687, eff. 12-17-21.)
10 (10 ILCS 5/9-8.5)
11 Sec. 9-8.5. Limitations on campaign contributions.
12 (a) It is unlawful for a political committee to accept
13contributions except as provided in this Section.
14 (b) During an election cycle, a candidate political
15committee may not accept contributions with an aggregate value
16over the following: (i) $5,000 from any individual, (ii)
17$10,000 from any corporation, labor organization, or
18association, or (iii) $50,000 from a candidate political
19committee or political action committee. A candidate political
20committee may accept contributions in any amount from a
21political party committee except during an election cycle in
22which the candidate seeks nomination at a primary election.
23During an election cycle in which the candidate seeks
24nomination at a primary election, a candidate political
25committee may not accept contributions from political party

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1committees with an aggregate value over the following: (i)
2$200,000 for a candidate political committee established to
3support a candidate seeking nomination to statewide office,
4(ii) $125,000 for a candidate political committee established
5to support a candidate seeking nomination to the Senate, the
6Supreme Court or Appellate Court in the First Judicial
7District, or an office elected by all voters in a county with
81,000,000 or more residents, (iii) $75,000 for a candidate
9political committee established to support a candidate seeking
10nomination to the House of Representatives, the Supreme Court
11or Appellate Court for a Judicial District other than the
12First Judicial District, an office elected by all voters of a
13county of fewer than 1,000,000 residents, and municipal and
14county offices in Cook County other than those elected by all
15voters of Cook County, and (iv) $50,000 for a candidate
16political committee established to support the nomination of a
17candidate to any other office. A candidate political committee
18established to elect a candidate to the General Assembly may
19accept contributions from only one legislative caucus
20committee. A candidate political committee may not accept
21contributions from a ballot initiative committee or from an
22independent expenditure committee.
23 (b-5) Judicial elections.
24 (1) In addition to any other provision of this
25 Section, a candidate political committee established to
26 support or oppose a candidate seeking nomination to the

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1 Supreme Court, Appellate Court, or Circuit Court may not:
2 (A) accept contributions from any entity that does
3 not disclose the identity of those who make
4 contributions to the entity, except for contributions
5 that are not required to be itemized by this Code; or
6 (B) accept contributions from any out-of-state
7 person, as defined in this Article.
8 (1.1) In addition to any other provision of this
9 Section, a political committee that is self-funding, as
10 described in subsection (h) of this Section, and is
11 established to support or oppose a candidate seeking
12 nomination, election, or retention to the Supreme Court,
13 the Appellate Court, or the Circuit Court may not accept
14 contributions from any single person, other than the
15 judicial candidate or the candidate's immediate family, in
16 a cumulative amount that exceeds $500,000 in any election
17 cycle. Any contribution in excess of the limits in this
18 paragraph (1.1) shall escheat to the State of Illinois.
19 Any political committee that receives such a contribution
20 shall immediately forward the amount that exceeds $500,000
21 to the State Treasurer who shall deposit the funds into
22 the State Treasury.
23 (1.2) In addition to any other provision of this
24 Section, an independent expenditure committee established
25 to support or oppose a candidate seeking nomination,
26 election, or retention to the Supreme Court, the Appellate

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1 Court, or the Circuit Court may not accept contributions
2 from any single person in a cumulative amount that exceeds
3 $500,000 in any election cycle. Any contribution in excess
4 of the limits in this paragraph (1.2) shall escheat to the
5 State of Illinois. Any independent expenditure committee
6 that receives such a contribution shall immediately
7 forward the amount that exceeds $500,000 to the State
8 Treasurer who shall deposit the funds into the State
9 Treasury.
10 (1.3) In addition to any other provision of this
11 Section, if a political committee established to support
12 or oppose a candidate seeking nomination, election, or
13 retention to the Supreme Court, the Appellate Court, or
14 the Circuit Court receives a contribution in excess of
15 $500 from: (i) any committee that is not required to
16 disclose its contributors under this Act; (ii) any
17 association that is not required to disclose its
18 contributors under this Act; or (iii) any other
19 organization or group of persons that is not required to
20 disclose its contributors under this Act, then that
21 contribution shall be considered an anonymous contribution
22 that shall escheat to the State, unless the political
23 committee reports to the State Board of Elections all
24 persons who have contributed in excess of $500 during the
25 same election cycle to the committee, association,
26 organization, or group making the contribution. Any

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1 political committee that receives such a contribution and
2 fails to report this information shall forward the
3 contribution amount immediately to the State Treasurer who
4 shall deposit the funds into the State Treasury.
5 (2) As used in this subsection, "contribution" has the
6 meaning provided in Section 9-1.4 and also includes the
7 following that are subject to the limits of this Section:
8 (A) expenditures made by any person in concert or
9 cooperation with, or at the request or suggestion of,
10 a candidate, his or her designated committee, or their
11 agents; and
12 (B) the financing by any person of the
13 dissemination, distribution, or republication, in
14 whole or in part, of any broadcast or any written,
15 graphic, or other form of campaign materials prepared
16 by the candidate, his or her campaign committee, or
17 their designated agents.
18 (3) As to contributions to a candidate political
19 committee established to support a candidate seeking
20 nomination to the Supreme Court, Appellate Court, or
21 Circuit Court:
22 (A) No person shall make a contribution in the
23 name of another person or knowingly permit his or her
24 name to be used to effect such a contribution.
25 (B) No person shall knowingly accept a
26 contribution made by one person in the name of another

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1 person.
2 (C) No person shall knowingly accept reimbursement
3 from another person for a contribution made in his or
4 her own name.
5 (D) No person shall make an anonymous
6 contribution.
7 (E) No person shall knowingly accept any anonymous
8 contribution.
9 (F) No person shall predicate (1) any benefit,
10 including, but not limited to, employment decisions,
11 including hiring, promotions, bonus compensation, and
12 transfers, or (2) any other gift, transfer, or
13 emolument upon:
14 (i) the decision by the recipient of that
15 benefit to donate or not to donate to a candidate;
16 or
17 (ii) the amount of any such donation.
18 (4) No judicial candidate or political committee
19 established to support a candidate seeking nomination to
20 the Supreme Court, Appellate Court, or Circuit Court shall
21 knowingly accept any contribution or make any expenditure
22 in violation of the provisions of this Section. No officer
23 or employee of a political committee established to
24 support a candidate seeking nomination to the Supreme
25 Court, Appellate Court, or Circuit Court shall knowingly
26 accept a contribution made for the benefit or use of a

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1 candidate or knowingly make any expenditure in support of
2 or opposition to a candidate or for electioneering
3 communications in relation to a candidate in violation of
4 any limitation designated for contributions and
5 expenditures under this Section.
6 (5) Where the provisions of this subsection (b-5)
7 conflict with any other provision of this Code, this
8 subsection (b-5) shall control.
9 (c) During an election cycle, a political party committee
10may not accept contributions with an aggregate value over the
11following: (i) $10,000 from any individual, (ii) $20,000 from
12any corporation, labor organization, or association, or (iii)
13$50,000 from a political action committee. A political party
14committee may accept contributions in any amount from another
15political party committee or a candidate political committee,
16except as provided in subsection (c-5). Nothing in this
17Section shall limit the amounts that may be transferred
18between a political party committee established under
19subsection (a) of Section 7-8 of this Code and an affiliated
20federal political committee established under the Federal
21Election Code by the same political party. A political party
22committee may not accept contributions from a ballot
23initiative committee or from an independent expenditure
24committee. A political party committee established by a
25legislative caucus may not accept contributions from another
26political party committee established by a legislative caucus.

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1 (c-5) (Blank). During the period beginning on the date
2candidates may begin circulating petitions for a primary
3election and ending on the day of the primary election, a
4political party committee may not accept contributions with an
5aggregate value over $50,000 from a candidate political
6committee or political party committee. A political party
7committee may accept contributions in any amount from a
8candidate political committee or political party committee if
9the political party committee receiving the contribution filed
10a statement of nonparticipation in the primary as provided in
11subsection (c-10). The Task Force on Campaign Finance Reform
12shall study and make recommendations on the provisions of this
13subsection to the Governor and General Assembly by September
1430, 2012. This subsection becomes inoperative on July 1, 2013
15and thereafter no longer applies.
16 (c-10) (Blank). A political party committee that does not
17intend to make contributions to candidates to be nominated at
18a general primary election or consolidated primary election
19may file a Statement of Nonparticipation in a Primary Election
20with the Board. The Statement of Nonparticipation shall
21include a verification signed by the chairperson and treasurer
22of the committee that (i) the committee will not make
23contributions or coordinated expenditures in support of or
24opposition to a candidate or candidates to be nominated at the
25general primary election or consolidated primary election
26(select one) to be held on (insert date), (ii) the political

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1party committee may accept unlimited contributions from
2candidate political committees and political party committees,
3provided that the political party committee does not make
4contributions to a candidate or candidates to be nominated at
5the primary election, and (iii) failure to abide by these
6requirements shall deem the political party committee in
7violation of this Article and subject the committee to a fine
8of no more than 150% of the total contributions or coordinated
9expenditures made by the committee in violation of this
10Article. This subsection becomes inoperative on July 1, 2013
11and thereafter no longer applies.
12 (d) During an election cycle, a political action committee
13may not accept contributions with an aggregate value over the
14following: (i) $10,000 from any individual, (ii) $20,000 from
15any corporation, labor organization, political party
16committee, or association, or (iii) $50,000 from a political
17action committee or candidate political committee. A political
18action committee may not accept contributions from a ballot
19initiative committee or from an independent expenditure
20committee.
21 (e) A ballot initiative committee may accept contributions
22in any amount from any source, provided that the committee
23files the document required by Section 9-3 of this Article and
24files the disclosure reports required by the provisions of
25this Article.
26 (e-5) An independent expenditure committee may accept

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1contributions in any amount from any source, provided that the
2committee files the document required by Section 9-3 of this
3Article and files the disclosure reports required by the
4provisions of this Article.
5 (e-10) A limited activity committee shall not accept
6contributions, except that the officer or a candidate the
7committee has designated to support may contribute personal
8funds in order to pay for maintenance expenses. A limited
9activity committee may only make expenditures that are: (i)
10necessary for maintenance of the committee; (ii) for rent or
11lease payments until the end of the lease in effect at the time
12the officer or candidate is confirmed by the Senate; (iii)
13contributions to 501(c)(3) charities; or (iv) returning
14contributions to original contributors.
15 (f) Nothing in this Section shall prohibit a political
16committee from dividing the proceeds of joint fundraising
17efforts; provided that no political committee may receive more
18than the limit from any one contributor, and provided that an
19independent expenditure committee may not conduct joint
20fundraising efforts with a candidate political committee or a
21political party committee.
22 (g) On January 1 of each odd-numbered year, the State
23Board of Elections shall adjust the amounts of the
24contribution limitations established in this Section for
25inflation as determined by the Consumer Price Index for All
26Urban Consumers as issued by the United States Department of

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1Labor and rounded to the nearest $100. The State Board shall
2publish this information on its official website.
3 (h) Self-funding candidates. If a public official, a
4candidate, or the public official's or candidate's immediate
5family contributes or loans to the public official's or
6candidate's political committee or to other political
7committees that transfer funds to the public official's or
8candidate's political committee or makes independent
9expenditures for the benefit of the public official's or
10candidate's campaign during the 12 months prior to an election
11in an aggregate amount of more than (i) $250,000 for statewide
12office or (ii) $100,000 for all other elective offices, then
13the public official or candidate shall file with the State
14Board of Elections, within one day, a Notification of
15Self-funding that shall detail each contribution or loan made
16by the public official, the candidate, or the public
17official's or candidate's immediate family. Within 2 business
18days after the filing of a Notification of Self-funding, the
19notification shall be posted on the Board's website and the
20Board shall give official notice of the filing to each
21candidate for the same office as the public official or
22candidate making the filing, including the public official or
23candidate filing the Notification of Self-funding. Notice
24shall be sent via first class mail to the candidate and the
25treasurer of the candidate's committee. Notice shall also be
26sent by e-mail to the candidate and the treasurer of the

HB4363- 22 -LRB103 35662 AWJ 65737 b
1candidate's committee if the candidate and the treasurer, as
2applicable, have provided the Board with an e-mail address.
3Upon posting of the notice on the Board's website, all
4candidates for that office, including the public official or
5candidate who filed a Notification of Self-funding, shall be
6permitted to accept contributions in excess of any
7contribution limits imposed by subsection (b). If a public
8official or candidate filed a Notification of Self-funding
9during an election cycle that includes a general primary
10election or consolidated primary election and that public
11official or candidate is nominated, all candidates for that
12office, including the nominee who filed the notification of
13self-funding, shall be permitted to accept contributions in
14excess of any contribution limit imposed by subsection (b) for
15the subsequent election cycle. For the purposes of this
16subsection, "immediate family" means the spouse, parent, or
17child of a public official or candidate.
18 (h-5) If a natural person or independent expenditure
19committee makes independent expenditures in support of or in
20opposition to the campaign of a particular public official or
21candidate in an aggregate amount of more than (i) $250,000 for
22statewide office or (ii) $100,000 for all other elective
23offices in an election cycle, as reported in a written
24disclosure filed under subsection (a) of Section 9-8.6 or
25subsection (e-5) of Section 9-10, then the State Board of
26Elections shall, within 2 business days after the filing of

HB4363- 23 -LRB103 35662 AWJ 65737 b
1the disclosure, post the disclosure on the Board's website and
2give official notice of the disclosure to each candidate for
3the same office as the public official or candidate for whose
4benefit or detriment the natural person or independent
5expenditure committee made independent expenditures. Upon
6posting of the notice on the Board's website, all candidates
7for that office in that election, including the public
8official or candidate for whose benefit or detriment the
9natural person or independent expenditure committee made
10independent expenditures, shall be permitted to accept
11contributions in excess of any contribution limits imposed by
12subsection (b).
13 (h-10) If the State Board of Elections receives
14notification or determines that a natural person or persons,
15an independent expenditure committee or committees, or
16combination thereof has made independent expenditures in
17support of or in opposition to the campaign of a particular
18public official or candidate in an aggregate amount of more
19than (i) $250,000 for statewide office or (ii) $100,000 for
20all other elective offices in an election cycle, then the
21Board shall, within 2 business days after discovering the
22independent expenditures that, in the aggregate, exceed the
23threshold set forth in (i) and (ii) of this subsection, post
24notice of this fact on the Board's website and give official
25notice to each candidate for the same office as the public
26official or candidate for whose benefit or detriment the

HB4363- 24 -LRB103 35662 AWJ 65737 b
1independent expenditures were made. Notice shall be sent via
2first class mail to the candidate and the treasurer of the
3candidate's committee. Notice shall also be sent by e-mail to
4the candidate and the treasurer of the candidate's committee
5if the candidate and the treasurer, as applicable, have
6provided the Board with an e-mail address. Upon posting of the
7notice on the Board's website, all candidates of that office
8in that election, including the public official or candidate
9for whose benefit or detriment the independent expenditures
10were made, may accept contributions in excess of any
11contribution limits imposed by subsection (b).
12 (i) For the purposes of this Section, a corporation, labor
13organization, association, or a political action committee
14established by a corporation, labor organization, or
15association may act as a conduit in facilitating the delivery
16to a political action committee of contributions made through
17dues, levies, or similar assessments and the political action
18committee may report the contributions in the aggregate,
19provided that: (i) contributions made through dues, levies, or
20similar assessments paid by any natural person, corporation,
21labor organization, or association in a calendar year may not
22exceed the limits set forth in this Section; (ii) the
23corporation, labor organization, association, or a political
24action committee established by a corporation, labor
25organization, or association facilitating the delivery of
26contributions maintains a list of natural persons,

HB4363- 25 -LRB103 35662 AWJ 65737 b
1corporations, labor organizations, and associations that paid
2the dues, levies, or similar assessments from which the
3contributions comprising the aggregate amount derive; and
4(iii) contributions made through dues, levies, or similar
5assessments paid by any natural person, corporation, labor
6organization, or association that exceed $1,000 in a quarterly
7reporting period shall be itemized on the committee's
8quarterly report and may not be reported in the aggregate. A
9political action committee facilitating the delivery of
10contributions or receiving contributions shall disclose the
11amount of contributions made through dues delivered or
12received and the name of the corporation, labor organization,
13association, or political action committee delivering the
14contributions, if applicable. On January 1 of each
15odd-numbered year, the State Board of Elections shall adjust
16the amounts of the contribution limitations established in
17this subsection for inflation as determined by the Consumer
18Price Index for All Urban Consumers as issued by the United
19States Department of Labor and rounded to the nearest $100.
20The State Board shall publish this information on its official
21website.
22 (j) A political committee that receives a contribution or
23transfer in violation of this Section shall dispose of the
24contribution or transfer by returning the contribution or
25transfer, or an amount equal to the contribution or transfer,
26to the contributor or transferor or donating the contribution

HB4363- 26 -LRB103 35662 AWJ 65737 b
1or transfer, or an amount equal to the contribution or
2transfer, to a charity. A contribution or transfer received in
3violation of this Section that is not disposed of as provided
4in this subsection within 30 days after the Board sends
5notification to the political committee of the excess
6contribution by certified mail shall escheat to the General
7Revenue Fund and the political committee shall be deemed in
8violation of this Section and subject to a civil penalty not to
9exceed 150% of the total amount of the contribution.
10 (k) For the purposes of this Section, "statewide office"
11means the Governor, Lieutenant Governor, Attorney General,
12Secretary of State, Comptroller, and Treasurer.
13 (l) This Section is repealed if and when the United States
14Supreme Court invalidates contribution limits on committees
15formed to assist candidates, political parties, corporations,
16associations, or labor organizations established by or
17pursuant to federal law.
18(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21;
19102-909, eff. 5-27-22.)
20 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
21 Sec. 9-11. Financial reports.
22 (a) Each quarterly report of campaign contributions,
23expenditures, and independent expenditures under Section 9-10
24shall disclose the following:
25 (1) the name and address of the political committee;

HB4363- 27 -LRB103 35662 AWJ 65737 b
1 (2) the name and address of the person submitting the
2 report on behalf of the committee, if other than the chair
3 or treasurer;
4 (3) the amount of funds on hand at the beginning of the
5 reporting period;
6 (4) the full name and mailing address of each person
7 who has made one or more contributions to or for the
8 committee within the reporting period in an aggregate
9 amount or value in excess of $150, together with the
10 amounts and dates of those contributions, and, if the
11 contributor is an individual who contributed more than
12 $500, the occupation and employer of the contributor or,
13 if the occupation and employer of the contributor are
14 unknown, a statement that the committee has made a good
15 faith effort to ascertain this information;
16 (5) the total sum of individual contributions made to
17 or for the committee during the reporting period and not
18 reported under item (4);
19 (6) the name and address of each political committee
20 from which the reporting committee received, or to which
21 that committee made, any transfer of funds in the
22 aggregate amount or value in excess of $150, together with
23 the amounts and dates of all transfers;
24 (7) the total sum of transfers made to or from the
25 committee during the reporting period and not reported
26 under item (6);

HB4363- 28 -LRB103 35662 AWJ 65737 b
1 (8) each loan to or from any person, political
2 committee, or financial institution within the reporting
3 period by or to the committee in an aggregate amount or
4 value in excess of $150, together with the full names and
5 mailing addresses of the lender and endorsers, if any; the
6 dates and amounts of the loans; and, if a lender or
7 endorser is an individual who loaned or endorsed a loan of
8 more than $500, the occupation and employer of that
9 individual or, if the occupation and employer of the
10 individual are unknown, a statement that the committee has
11 made a good faith effort to ascertain this information;
12 (9) the total amount of proceeds received by the
13 committee from (i) the sale of tickets for each dinner,
14 luncheon, cocktail party, rally, and other fund-raising
15 events; (ii) mass collections made at those events; and
16 (iii) sales of items such as political campaign pins,
17 buttons, badges, flags, emblems, hats, banners,
18 literature, and similar materials;
19 (10) each contribution, rebate, refund, income from
20 investments, or other receipt in excess of $150 received
21 by the committee not otherwise listed under items (4)
22 through (9) and, if the contributor is an individual who
23 contributed more than $500, the occupation and employer of
24 the contributor or, if the occupation and employer of the
25 contributor are unknown, a statement that the committee
26 has made a good faith effort to ascertain this

HB4363- 29 -LRB103 35662 AWJ 65737 b
1 information;
2 (11) the total sum of all receipts by or for the
3 committee or candidate during the reporting period;
4 (12) the full name and mailing address of each person
5 to whom expenditures have been made by the committee or
6 candidate within the reporting period in an aggregate
7 amount or value in excess of $150; the amount, date, and
8 purpose of each of those expenditures; and the question of
9 public policy or the name and address of, and the office
10 sought by, each candidate on whose behalf that expenditure
11 was made;
12 (13) the full name and mailing address of each person
13 to whom an expenditure for personal services, salaries,
14 and reimbursed expenses in excess of $150 has been made
15 and that is not otherwise reported, including the amount,
16 date, and purpose of the expenditure;
17 (14) the value of each asset held as an investment, as
18 of the final day of the reporting period;
19 (15) the total sum of expenditures made by the
20 committee during the reporting period; and
21 (16) the full name and mailing address of each person
22 to whom the committee owes debts or obligations in excess
23 of $150 and the amount of those debts or obligations.
24 For purposes of reporting campaign receipts and expenses,
25income from investments shall be included as receipts during
26the reporting period they are actually received. The gross

HB4363- 30 -LRB103 35662 AWJ 65737 b
1purchase price of each investment shall be reported as an
2expenditure at time of purchase. Net proceeds from the sale of
3an investment shall be reported as a receipt. During the
4period investments are held they shall be identified by name
5and quantity of security or instrument on each quarterly
6semi-annual report during the period.
7 (b) Each report of a campaign contribution of $1,000 or
8more required under subsection (c) of Section 9-10 shall
9disclose the following:
10 (1) the name and address of the political committee;
11 (2) the name and address of the person submitting the
12 report on behalf of the committee, if other than the chair
13 or treasurer; and
14 (3) the full name and mailing address of each person
15 who has made a contribution of $1,000 or more.
16 (c) Each quarterly report shall include the following
17information regarding any independent expenditures made during
18the reporting period: (1) the full name and mailing address of
19each person to whom an expenditure in excess of $150 has been
20made in connection with an independent expenditure; (2) the
21amount, date, and purpose of such expenditure; (3) a statement
22whether the independent expenditure was in support of or in
23opposition to a particular candidate; (4) the name of the
24candidate; (5) the office and, when applicable, district,
25sought by the candidate; and (6) a certification, under
26penalty of perjury, that such expenditure was not made in

HB4363- 31 -LRB103 35662 AWJ 65737 b
1cooperation, consultation, or concert with, or at the request
2or suggestion of, any candidate or any authorized committee or
3agent of such committee. The report shall also include (I) the
4total of all independent expenditures of $150 or less made
5during the reporting period and (II) the total amount of all
6independent expenditures made during the reporting period.
7 (d) The Board shall by rule define a "good faith effort".
8 The reports of campaign contributions filed under this
9Article shall be cumulative during the reporting period to
10which they relate.
11 (e) Each report shall be verified, dated, and signed by
12either the treasurer of the political committee or the
13candidate on whose behalf the report is filed and shall
14contain the following verification:
15 "I declare that this report (including any accompanying
16schedules and statements) has been examined by me and, to the
17best of my knowledge and belief, is a true, correct, and
18complete report as required by Article 9 of the Election Code.
19I understand that willfully filing a false or incomplete
20statement is subject to a civil penalty of up to $5,000.".
21 (f) A political committee may amend a report filed under
22subsection (a) or (b). The Board may reduce or waive a fine if
23the amendment is due to a technical or inadvertent error and
24the political committee files the amended report, except that
25a report filed under subsection (b) must be amended within 5
26business days. The State Board shall ensure that a description

HB4363- 32 -LRB103 35662 AWJ 65737 b
1of the amended information is available to the public. The
2Board may promulgate rules to enforce this subsection.
3(Source: P.A. 100-1027, eff. 1-1-19.)
4 (10 ILCS 5/9-23.5)
5 Sec. 9-23.5. Public database of founded complaints. The
6State Board of Elections shall establish and maintain on its
7official website a searchable database, freely accessible to
8the public, of each complaint filed with the Board under this
9Article with respect to which Board action was taken,
10including all Board actions and penalties imposed, if any. The
11Board must update the database within 5 business days after an
12action is taken or a penalty is imposed to include that
13complaint, action, or penalty in the database. The Task Force
14on Campaign Finance Reform shall make recommendations on
15improving access to information related to founded complaints.
16(Source: P.A. 96-832, eff. 1-1-11.)
17 (10 ILCS 5/9-35)
18 Sec. 9-35. Registration of business entities.
19 (a) This Section governs the procedures for the
20registration required under Section 20-160 of the Illinois
21Procurement Code.
22 For the purposes of this Section, the terms
23"officeholder", "State contract", "business entity", "State
24agency", "affiliated entity", and "affiliated person" have the

HB4363- 33 -LRB103 35662 AWJ 65737 b
1meanings ascribed to those terms in Section 50-37 of the
2Illinois Procurement Code.
3 (b) Registration under Section 20-160 of the Illinois
4Procurement Code, and any changes to that registration, must
5be made electronically, and the State Board of Elections by
6rule shall provide for electronic registration; except that
7the State Board may adopt emergency rules providing for a
8temporary filing system, effective through August 1, 2009,
9under which business entities must file the required
10registration forms provided by the Board via e-mail attachment
11in a PDF file or via another type of mail service and must
12receive from the State Board registration certificates via
13e-mail or paper registration certificates. The State Board
14shall retain the registrations submitted by business entities
15via e-mail or another type of mail service for at least 6
16months following the establishment of the electronic
17registration system required by this subsection.
18 Each registration must contain substantially the
19following:
20 (1) The name and address of the business entity.
21 (2) The name and address of any affiliated entity of
22 the business entity, including a description of the
23 affiliation.
24 (3) The name and address of any affiliated person of
25 the business entity, including a description of the
26 affiliation.

HB4363- 34 -LRB103 35662 AWJ 65737 b
1 (c) The Board shall provide a certificate of registration
2to the business entity. The certificate shall be electronic,
3except as otherwise provided in this Section, and accessible
4to the business entity through the State Board of Elections'
5website and protected by a password. Within 60 days after
6establishment of the electronic system, each business entity
7that submitted a registration via e-mail attachment or paper
8copy pursuant to this Section shall re-submit its registration
9electronically. At the time of re-submission, the State Board
10of Elections shall provide an electronic certificate of
11registration to that business entity.
12 (d) Any business entity required to register under Section
1320-160 of the Illinois Procurement Code shall provide a copy
14of the registration certificate, by first class mail or hand
15delivery within 10 days after registration, to each affiliated
16entity or affiliated person whose identity is required to be
17disclosed. Failure to provide notice to an affiliated entity
18or affiliated person is a business offense for which the
19business entity is subject to a fine not to exceed $1,001.
20 (e) In addition to any penalty under Section 20-160 of the
21Illinois Procurement Code, intentional, willful, or material
22failure to disclose information required for registration is
23subject to a civil penalty imposed by the State Board of
24Elections. The State Board shall impose a civil penalty of
25$1,000 per business day for failure to update a registration.
26 (f) Any business entity required to register under Section

HB4363- 35 -LRB103 35662 AWJ 65737 b
120-160 of the Illinois Procurement Code shall notify any
2political committee to which it makes a contribution, at the
3time of the contribution, that the business entity is
4registered with the State Board of Elections under Section
520-160 of the Illinois Procurement Code. Any affiliated entity
6or affiliated person of a business entity required to register
7under Section 20-160 of the Illinois Procurement Code shall
8notify any political committee to which it makes a
9contribution that it is affiliated with a business entity
10registered with the State Board of Elections under Section
1120-160 of the Illinois Procurement Code.
12 (g) The State Board of Elections on its official website
13shall have a searchable database containing (i) all
14information required to be submitted to the Board under
15Section 20-160 of the Illinois Procurement Code and (ii) all
16reports filed under this Article with the State Board of
17Elections by all political committees. For the purposes of
18databases maintained by the State Board of Elections,
19"searchable" means able to search by "political committee", as
20defined in this Article, and by "officeholder", "State
21agency", "business entity", "affiliated entity", and
22"affiliated person". The Board shall not place the name of a
23minor child on the website. However, the Board shall provide a
24link to all contributions made by anyone reporting the same
25residential address as any affiliated person. In addition, the
26State Board of Elections on its official website shall provide

HB4363- 36 -LRB103 35662 AWJ 65737 b
1an electronic connection to any searchable database of State
2contracts maintained by the Comptroller, searchable by
3business entity.
4 (h) The State Board of Elections shall have rulemaking
5authority to implement this Section.
6(Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.)
7 (10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1)
8 Sec. 10-6.1. The board or clerk with whom a certificate of
9nomination or nomination papers are filed shall notify the
10person for whom such papers are filed of the obligation to file
11statements of organization, reports of campaign contributions,
12and quarterly annual reports of campaign contributions and
13expenditures under Article 9 of this Act. Such notice shall be
14given in the manner prescribed by paragraph (7) of Section
159-16 of this Code.
16(Source: P.A. 81-1189.)
17 (10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch.
18 46, par. 1103)
19 Sec. 29B-10. Code of Fair Campaign Practices. At the time
20a political committee, as defined in Article 9, files its
21statements of organization, the State Board of Elections, in
22the case of a state political committee or a political
23committee acting as both a state political committee and a
24local political committee, or the county clerk, in the case of

HB4363- 37 -LRB103 35662 AWJ 65737 b
1a local political committee, shall give the political
2committee a blank form of the Code of Fair Campaign Practices
3and a copy of the provisions of this Article. The State Board
4of Elections or county clerk shall inform each political
5committee that subscription to the Code is voluntary. The text
6of the Code shall read as follows:
7
CODE OF FAIR CAMPAIGN PRACTICES
8 There are basic principles of decency, honesty, and fair
9play that every candidate for public office in the State of
10Illinois has a moral obligation to observe and uphold, in
11order that, after vigorously contested but fairly conducted
12campaigns, our citizens may exercise their constitutional
13right to a free and untrammeled choice and the will of the
14people may be fully and clearly expressed on the issues.
15 THEREFORE:
16 (1) I will conduct my campaign openly and publicly, and
17limit attacks on my opponent to legitimate challenges to his
18record.
19 (2) I will not use or permit the use of character
20defamation, whispering campaigns, libel, slander, or
21scurrilous attacks on any candidate or his personal or family
22life.
23 (3) I will not use or permit any appeal to negative
24prejudice based on race, sex, sexual orientation, religion or
25national origin.
26 (4) I will not use campaign material of any sort that

HB4363- 38 -LRB103 35662 AWJ 65737 b
1misrepresents, distorts, or otherwise falsifies the facts, nor
2will I use malicious or unfounded accusations that aim at
3creating or exploiting doubts, without justification, as to
4the personal integrity or patriotism of my opposition.
5 (5) I will not undertake or condone any dishonest or
6unethical practice that tends to corrupt or undermine our
7American system of free elections or that hampers or prevents
8the full and free expression of the will of the voters.
9 (6) I will defend and uphold the right of every qualified
10American voter to full and equal participation in the
11electoral process.
12 (7) I will immediately and publicly repudiate methods and
13tactics that may come from others that I have pledged not to
14use or condone. I shall take firm action against any
15subordinate who violates any provision of this Code or the
16laws governing elections.
17 I, the undersigned, candidate for election to public
18office in the State of Illinois or chair of a political
19committee in support of or opposition to a question of public
20policy, hereby voluntarily endorse, subscribe to, and solemnly
21pledge myself to conduct my campaign in accordance with the
22above principles and practices.
23 .............. ...............................
24 Date Signature
25(Source: P.A. 100-1027, eff. 1-1-19.)

HB4363- 39 -LRB103 35662 AWJ 65737 b
1 (10 ILCS 5/29B-15) (from Ch. 46, par. 29B-15; formerly Ch.
2 46, par. 1104)
3 Sec. 29B-15. Responsibility of State Board of Elections
4for printing and supplying of forms. The State Board of
5Elections shall print, or cause to be printed, copies of the
6Code of Fair Campaign Practices. The State Board of Elections
7shall supply the forms to the county clerks in quantities and
8at times requested by the clerks.
9(Source: P.A. 86-873; 87-1052.)
10 (10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch.
11 46, par. 1105)
12 Sec. 29B-20. Acceptance of completed forms; retentions for
13public inspection. The State Board of Elections and the county
14clerks shall accept, at all times prior to an election, all
15completed copies of the Code of Fair Campaign Practices that
16are properly subscribed to by a candidate or the chair of a
17political committee in support of or opposition to a question
18of public policy, and shall retain them for public inspection
19until 30 days after the election.
20(Source: P.A. 100-1027, eff. 1-1-19.)
21 (10 ILCS 5/9-45 rep.)
22 Section 10. The Election Code is amended by repealing
23Section 9-45.

HB4363- 40 -LRB103 35662 AWJ 65737 b
1 Section 15. The Illinois Procurement Code is amended by
2changing Section 50-37 as follows:
3 (30 ILCS 500/50-37)
4 Sec. 50-37. Prohibition of political contributions.
5 (a) As used in this Section:
6 The terms "contract", "State contract", and "contract
7 with a State agency" each mean any contract, as defined in
8 this Code, between a business entity and a State agency
9 let or awarded pursuant to this Code. The terms
10 "contract", "State contract", and "contract with a State
11 agency" do not include cost reimbursement contracts;
12 purchase of care agreements as defined in Section 1-15.68
13 of this Code; contracts for projects eligible for full or
14 partial federal-aid funding reimbursements authorized by
15 the Federal Highway Administration; grants, including but
16 are not limited to grants for job training or
17 transportation; and grants, loans, or tax credit
18 agreements for economic development purposes.
19 "Contribution" means a contribution as defined in
20 Section 9-1.4 of the Election Code.
21 "Declared candidate" means a person who has filed a
22 statement of candidacy and petition for nomination or
23 election in the principal office of the State Board of
24 Elections.

HB4363- 41 -LRB103 35662 AWJ 65737 b
1 "State agency" means and includes all boards,
2 commissions, agencies, institutions, authorities, and
3 bodies politic and corporate of the State, created by or
4 in accordance with the Illinois Constitution or State
5 statute, of the executive branch of State government and
6 does include colleges, universities, public employee
7 retirement systems, and institutions under the
8 jurisdiction of the governing boards of the University of
9 Illinois, Southern Illinois University, Illinois State
10 University, Eastern Illinois University, Northern Illinois
11 University, Western Illinois University, Chicago State
12 University, Governors State University, Northeastern
13 Illinois University, and the Illinois Board of Higher
14 Education.
15 "Officeholder" means the Governor, Lieutenant
16 Governor, Attorney General, Secretary of State,
17 Comptroller, or Treasurer. The Governor shall be
18 considered the officeholder responsible for awarding all
19 contracts by all officers and employees of, and potential
20 contractors and others doing business with, executive
21 branch State agencies under the jurisdiction of the
22 Executive Ethics Commission and not within the
23 jurisdiction of the Attorney General, the Secretary of
24 State, the Comptroller, or the Treasurer.
25 "Sponsoring entity" means a sponsoring entity as
26 defined in Section 9-3 of the Election Code.

HB4363- 42 -LRB103 35662 AWJ 65737 b
1 "Affiliated person" means (i) any person with any
2 ownership interest or distributive share of the bidding or
3 contracting business entity in excess of 7.5%, (ii)
4 executive employees of the bidding or contracting business
5 entity, and (iii) the spouse of any such persons.
6 "Affiliated person" does not include a person prohibited
7 by federal law from making contributions or expenditures
8 in connection with a federal, state, or local election.
9 "Affiliated entity" means (i) any corporate parent and
10 each operating subsidiary of the bidding or contracting
11 business entity, (ii) each operating subsidiary of the
12 corporate parent of the bidding or contracting business
13 entity, (iii) any organization recognized by the United
14 States Internal Revenue Service as a tax-exempt
15 organization described in Section 501(c) of the Internal
16 Revenue Code of 1986 (or any successor provision of
17 federal tax law) established by the bidding or contracting
18 business entity, any affiliated entity of that business
19 entity, or any affiliated person of that business entity,
20 or (iv) (blank) any political committee for which the
21 bidding or contracting business entity, or any 501(c)
22 organization described in item (iii) related to that
23 business entity, is the sponsoring entity. "Affiliated
24 entity" does not include an entity prohibited by federal
25 law from making contributions or expenditures in
26 connection with a federal, state, or local election.

HB4363- 43 -LRB103 35662 AWJ 65737 b
1 "Business entity" means any entity doing business for
2 profit, whether organized as a corporation, partnership,
3 sole proprietorship, limited liability company or
4 partnership, or otherwise.
5 "Executive employee" means (i) the President,
6 Chairman, or Chief Executive Officer of a business entity
7 and any other individual that fulfills equivalent duties
8 as the President, Chairman of the Board, or Chief
9 Executive Officer of a business entity; and (ii) any
10 employee of a business entity whose compensation is
11 determined directly, in whole or in part, by the award or
12 payment of contracts by a State agency to the entity
13 employing the employee. A regular salary that is paid
14 irrespective of the award or payment of a contract with a
15 State agency shall not constitute "compensation" under
16 item (ii) of this definition. "Executive employee" does
17 not include any person prohibited by federal law from
18 making contributions or expenditures in connection with a
19 federal, state, or local election.
20 (b) Any business entity whose contracts with State
21agencies, in the aggregate, annually total more than $50,000,
22and any affiliated entities or affiliated persons of such
23business entity, are prohibited from making any contributions
24to any political committees established to promote the
25candidacy of (i) the officeholder responsible for awarding the
26contracts or (ii) any other declared candidate for that

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1office. This prohibition shall be effective for the duration
2of the term of office of the incumbent officeholder awarding
3the contracts or for a period of 2 years following the
4expiration or termination of the contracts, whichever is
5longer.
6 (c) Any business entity whose aggregate pending bids and
7offers on State contracts total more than $50,000, or whose
8aggregate pending bids and offers on State contracts combined
9with the business entity's aggregate annual total value of
10State contracts exceed $50,000, and any affiliated entities or
11affiliated persons of such business entity, are prohibited
12from making any contributions to any political committee
13established to promote the candidacy of the officeholder
14responsible for awarding the contract on which the business
15entity has submitted a bid or offer during the period
16beginning on the date the invitation for bids, request for
17proposals, or any other procurement opportunity is issued and
18ending on the day after the date the contract is awarded.
19 (c-5) For the purposes of the prohibitions under
20subsections (b) and (c) of this Section, (i) any contribution
21made to a political committee established to promote the
22candidacy of the Governor or a declared candidate for the
23office of Governor shall also be considered as having been
24made to a political committee established to promote the
25candidacy of the Lieutenant Governor, in the case of the
26Governor, or the declared candidate for Lieutenant Governor

HB4363- 45 -LRB103 35662 AWJ 65737 b
1having filed a joint petition, or write-in declaration of
2intent, with the declared candidate for Governor, as
3applicable, and (ii) any contribution made to a political
4committee established to promote the candidacy of the
5Lieutenant Governor or a declared candidate for the office of
6Lieutenant Governor shall also be considered as having been
7made to a political committee established to promote the
8candidacy of the Governor, in the case of the Lieutenant
9Governor, or the declared candidate for Governor having filed
10a joint petition, or write-in declaration of intent, with the
11declared candidate for Lieutenant Governor, as applicable.
12 (d) All contracts between State agencies and a business
13entity that violate subsection (b) or (c) shall be voidable
14under Section 50-60. If a business entity violates subsection
15(b) 3 or more times within a 36-month period, then all
16contracts between State agencies and that business entity
17shall be void, and that business entity shall not bid or
18respond to any invitation to bid or request for proposals from
19any State agency or otherwise enter into any contract with any
20State agency for 3 years from the date of the last violation. A
21notice of each violation and the penalty imposed shall be
22published in both the Procurement Bulletin and the Illinois
23Register.
24 (e) Any political committee that has received a
25contribution in violation of subsection (b) or (c) shall pay
26an amount equal to the value of the contribution to the State

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