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
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||||||
5 | Sections 7-12, 9-8.5, 9-11, 9-23.5, 9-35, 10-6.1, 29B-10, | |||||||||||||||||||||||||||||||||||||||
6 | 29B-15, and 29B-20 as follows:
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7 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12) | |||||||||||||||||||||||||||||||||||||||
8 | Sec. 7-12. All petitions for nomination shall be filed by | |||||||||||||||||||||||||||||||||||||||
9 | mail 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 |
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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 |
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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 |
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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; | ||||||
9 | 102-687, eff. 12-17-21.)
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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 | ||||||
13 | contributions except as provided in this Section. | ||||||
14 | (b) During an election cycle, a candidate political | ||||||
15 | committee may not accept contributions with an aggregate value | ||||||
16 | over the following: (i) $5,000 from any individual, (ii) | ||||||
17 | $10,000 from any corporation, labor organization, or | ||||||
18 | association, or (iii) $50,000 from a candidate political | ||||||
19 | committee or political action committee. A candidate political | ||||||
20 | committee may accept contributions in any amount from a | ||||||
21 | political party committee except during an election cycle in | ||||||
22 | which the candidate seeks nomination at a primary election. | ||||||
23 | During an election cycle in which the candidate seeks | ||||||
24 | nomination at a primary election, a candidate political | ||||||
25 | committee may not accept contributions from political party |
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1 | committees with an aggregate value over the following: (i) | ||||||
2 | $200,000 for a candidate political committee established to | ||||||
3 | support a candidate seeking nomination to statewide office, | ||||||
4 | (ii) $125,000 for a candidate political committee established | ||||||
5 | to support a candidate seeking nomination to the Senate, the | ||||||
6 | Supreme Court or Appellate Court in the First Judicial | ||||||
7 | District, or an office elected by all voters in a county with | ||||||
8 | 1,000,000 or more residents, (iii) $75,000 for a candidate | ||||||
9 | political committee established to support a candidate seeking | ||||||
10 | nomination to the House of Representatives, the Supreme Court | ||||||
11 | or Appellate Court for a Judicial District other than the | ||||||
12 | First Judicial District, an office elected by all voters of a | ||||||
13 | county of fewer than 1,000,000 residents, and municipal and | ||||||
14 | county offices in Cook County other than those elected by all | ||||||
15 | voters of Cook County, and (iv) $50,000 for a candidate | ||||||
16 | political committee established to support the nomination of a | ||||||
17 | candidate to any other office. A candidate political committee | ||||||
18 | established to elect a candidate to the General Assembly may | ||||||
19 | accept contributions from only one legislative caucus | ||||||
20 | committee. A candidate political committee may not accept | ||||||
21 | contributions from a ballot initiative committee or from an | ||||||
22 | independent 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 |
| |||||||
| |||||||
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 | ||||||
10 | may not accept contributions with an aggregate value over the | ||||||
11 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
12 | any corporation, labor organization, or association, or (iii) | ||||||
13 | $50,000 from a political action committee. A political party | ||||||
14 | committee may accept contributions in any amount from another | ||||||
15 | political party committee or a candidate political committee, | ||||||
16 | except as provided in subsection (c-5). Nothing in this | ||||||
17 | Section shall limit the amounts that may be transferred | ||||||
18 | between a political party committee established under | ||||||
19 | subsection (a) of Section 7-8 of this Code and an affiliated | ||||||
20 | federal political committee established under the Federal | ||||||
21 | Election Code by the same political party. A political party | ||||||
22 | committee may not accept contributions from a ballot | ||||||
23 | initiative committee or from an independent expenditure | ||||||
24 | committee. A political party committee established by a | ||||||
25 | legislative caucus may not accept contributions from another | ||||||
26 | political party committee established by a legislative caucus. |
| |||||||
| |||||||
1 | (c-5) (Blank). During the period beginning on the date | ||||||
2 | candidates may begin circulating petitions for a primary | ||||||
3 | election and ending on the day of the primary election, a | ||||||
4 | political party committee may not accept contributions with an | ||||||
5 | aggregate value over $50,000 from a candidate political | ||||||
6 | committee or political party committee. A political party | ||||||
7 | committee may accept contributions in any amount from a | ||||||
8 | candidate political committee or political party committee if | ||||||
9 | the political party committee receiving the contribution filed | ||||||
10 | a statement of nonparticipation in the primary as provided in | ||||||
11 | subsection (c-10). The Task Force on Campaign Finance Reform | ||||||
12 | shall study and make recommendations on the provisions of this | ||||||
13 | subsection to the Governor and General Assembly by September | ||||||
14 | 30, 2012. This subsection becomes inoperative on July 1, 2013 | ||||||
15 | and thereafter no longer applies. | ||||||
16 | (c-10) (Blank). A political party committee that does not | ||||||
17 | intend to make contributions to candidates to be nominated at | ||||||
18 | a general primary election or consolidated primary election | ||||||
19 | may file a Statement of Nonparticipation in a Primary Election | ||||||
20 | with the Board. The Statement of Nonparticipation shall | ||||||
21 | include a verification signed by the chairperson and treasurer | ||||||
22 | of the committee that (i) the committee will not make | ||||||
23 | contributions or coordinated expenditures in support of or | ||||||
24 | opposition to a candidate or candidates to be nominated at the | ||||||
25 | general primary election or consolidated primary election | ||||||
26 | (select one) to be held on (insert date), (ii) the political |
| |||||||
| |||||||
1 | party committee may accept unlimited contributions from | ||||||
2 | candidate political committees and political party committees, | ||||||
3 | provided that the political party committee does not make | ||||||
4 | contributions to a candidate or candidates to be nominated at | ||||||
5 | the primary election, and (iii) failure to abide by these | ||||||
6 | requirements shall deem the political party committee in | ||||||
7 | violation of this Article and subject the committee to a fine | ||||||
8 | of no more than 150% of the total contributions or coordinated | ||||||
9 | expenditures made by the committee in violation of this | ||||||
10 | Article. This subsection becomes inoperative on July 1, 2013 | ||||||
11 | and thereafter no longer applies. | ||||||
12 | (d) During an election cycle, a political action committee | ||||||
13 | may not accept contributions with an aggregate value over the | ||||||
14 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
15 | any corporation, labor organization, political party | ||||||
16 | committee, or association, or (iii) $50,000 from a political | ||||||
17 | action committee or candidate political committee. A political | ||||||
18 | action committee may not accept contributions from a ballot | ||||||
19 | initiative committee or from an independent expenditure | ||||||
20 | committee. | ||||||
21 | (e) A ballot initiative committee may accept contributions | ||||||
22 | in any amount from any source, provided that the committee | ||||||
23 | files the document required by Section 9-3 of this Article and | ||||||
24 | files the disclosure reports required by the provisions of | ||||||
25 | this Article. | ||||||
26 | (e-5) An independent expenditure committee may accept |
| |||||||
| |||||||
1 | contributions in any amount from any source, provided that the | ||||||
2 | committee files the document required by Section 9-3 of this | ||||||
3 | Article and files the disclosure reports required by the | ||||||
4 | provisions of this Article. | ||||||
5 | (e-10) A limited activity committee shall not accept | ||||||
6 | contributions, except that the officer or a candidate the | ||||||
7 | committee has designated to support may contribute personal | ||||||
8 | funds in order to pay for maintenance expenses. A limited | ||||||
9 | activity committee may only make expenditures that are: (i) | ||||||
10 | necessary for maintenance of the committee; (ii) for rent or | ||||||
11 | lease payments until the end of the lease in effect at the time | ||||||
12 | the officer or candidate is confirmed by the Senate; (iii) | ||||||
13 | contributions to 501(c)(3) charities; or (iv) returning | ||||||
14 | contributions to original contributors. | ||||||
15 | (f) Nothing in this Section shall prohibit a political | ||||||
16 | committee from dividing the proceeds of joint fundraising | ||||||
17 | efforts; provided that no political committee may receive more | ||||||
18 | than the limit from any one contributor, and provided that an | ||||||
19 | independent expenditure committee may not conduct joint | ||||||
20 | fundraising efforts with a candidate political committee or a | ||||||
21 | political party committee. | ||||||
22 | (g) On January 1 of each odd-numbered year, the State | ||||||
23 | Board of Elections shall adjust the amounts of the | ||||||
24 | contribution limitations established in this Section for | ||||||
25 | inflation as determined by the Consumer Price Index for All | ||||||
26 | Urban Consumers as issued by the United States Department of |
| |||||||
| |||||||
1 | Labor and rounded to the nearest $100. The State Board shall | ||||||
2 | publish this information on its official website. | ||||||
3 | (h) Self-funding candidates. If a public official, a | ||||||
4 | candidate, or the public official's or candidate's immediate | ||||||
5 | family contributes or loans to the public official's or | ||||||
6 | candidate's political committee or to other political | ||||||
7 | committees that transfer funds to the public official's or | ||||||
8 | candidate's political committee or makes independent | ||||||
9 | expenditures for the benefit of the public official's or | ||||||
10 | candidate's campaign during the 12 months prior to an election | ||||||
11 | in an aggregate amount of more than (i) $250,000 for statewide | ||||||
12 | office or (ii) $100,000 for all other elective offices, then | ||||||
13 | the public official or candidate shall file with the State | ||||||
14 | Board of Elections, within one day, a Notification of | ||||||
15 | Self-funding that shall detail each contribution or loan made | ||||||
16 | by the public official, the candidate, or the public | ||||||
17 | official's or candidate's immediate family. Within 2 business | ||||||
18 | days after the filing of a Notification of Self-funding, the | ||||||
19 | notification shall be posted on the Board's website and the | ||||||
20 | Board shall give official notice of the filing to each | ||||||
21 | candidate for the same office as the public official or | ||||||
22 | candidate making the filing, including the public official or | ||||||
23 | candidate filing the Notification of Self-funding. Notice | ||||||
24 | shall be sent via first class mail to the candidate and the | ||||||
25 | treasurer of the candidate's committee. Notice shall also be | ||||||
26 | sent by e-mail to the candidate and the treasurer of the |
| |||||||
| |||||||
1 | candidate's committee if the candidate and the treasurer, as | ||||||
2 | applicable, have provided the Board with an e-mail address. | ||||||
3 | Upon posting of the notice on the Board's website, all | ||||||
4 | candidates for that office, including the public official or | ||||||
5 | candidate who filed a Notification of Self-funding, shall be | ||||||
6 | permitted to accept contributions in excess of any | ||||||
7 | contribution limits imposed by subsection (b). If a public | ||||||
8 | official or candidate filed a Notification of Self-funding | ||||||
9 | during an election cycle that includes a general primary | ||||||
10 | election or consolidated primary election and that public | ||||||
11 | official or candidate is nominated, all candidates for that | ||||||
12 | office, including the nominee who filed the notification of | ||||||
13 | self-funding, shall be permitted to accept contributions in | ||||||
14 | excess of any contribution limit imposed by subsection (b) for | ||||||
15 | the subsequent election cycle. For the purposes of this | ||||||
16 | subsection, "immediate family" means the spouse, parent, or | ||||||
17 | child of a public official or candidate. | ||||||
18 | (h-5) If a natural person or independent expenditure | ||||||
19 | committee makes independent expenditures in support of or in | ||||||
20 | opposition to the campaign of a particular public official or | ||||||
21 | candidate in an aggregate amount of more than (i) $250,000 for | ||||||
22 | statewide office or (ii) $100,000 for all other elective | ||||||
23 | offices in an election cycle, as reported in a written | ||||||
24 | disclosure filed under subsection (a) of Section 9-8.6 or | ||||||
25 | subsection (e-5) of Section 9-10, then the State Board of | ||||||
26 | Elections shall, within 2 business days after the filing of |
| |||||||
| |||||||
1 | the disclosure, post the disclosure on the Board's website and | ||||||
2 | give official notice of the disclosure to each candidate for | ||||||
3 | the same office as the public official or candidate for whose | ||||||
4 | benefit or detriment the natural person or independent | ||||||
5 | expenditure committee made independent expenditures. Upon | ||||||
6 | posting of the notice on the Board's website, all candidates | ||||||
7 | for that office in that election, including the public | ||||||
8 | official or candidate for whose benefit or detriment the | ||||||
9 | natural person or independent expenditure committee made | ||||||
10 | independent expenditures, shall be permitted to accept | ||||||
11 | contributions in excess of any contribution limits imposed by | ||||||
12 | subsection (b). | ||||||
13 | (h-10) If the State Board of Elections receives | ||||||
14 | notification or determines that a natural person or persons, | ||||||
15 | an independent expenditure committee or committees, or | ||||||
16 | combination thereof has made independent expenditures in | ||||||
17 | support of or in opposition to the campaign of a particular | ||||||
18 | public official or candidate in an aggregate amount of more | ||||||
19 | than (i) $250,000 for statewide office or (ii) $100,000 for | ||||||
20 | all other elective offices in an election cycle, then the | ||||||
21 | Board shall, within 2 business days after discovering the | ||||||
22 | independent expenditures that, in the aggregate, exceed the | ||||||
23 | threshold set forth in (i) and (ii) of this subsection, post | ||||||
24 | notice of this fact on the Board's website and give official | ||||||
25 | notice to each candidate for the same office as the public | ||||||
26 | official or candidate for whose benefit or detriment the |
| |||||||
| |||||||
1 | independent expenditures were made. Notice shall be sent via | ||||||
2 | first class mail to the candidate and the treasurer of the | ||||||
3 | candidate's committee. Notice shall also be sent by e-mail to | ||||||
4 | the candidate and the treasurer of the candidate's committee | ||||||
5 | if the candidate and the treasurer, as applicable, have | ||||||
6 | provided the Board with an e-mail address. Upon posting of the | ||||||
7 | notice on the Board's website, all candidates of that office | ||||||
8 | in that election, including the public official or candidate | ||||||
9 | for whose benefit or detriment the independent expenditures | ||||||
10 | were made, may accept contributions in excess of any | ||||||
11 | contribution limits imposed by subsection (b). | ||||||
12 | (i) For the purposes of this Section, a corporation, labor | ||||||
13 | organization, association, or a political action committee | ||||||
14 | established by a corporation, labor organization, or | ||||||
15 | association may act as a conduit in facilitating the delivery | ||||||
16 | to a political action committee of contributions made through | ||||||
17 | dues, levies, or similar assessments and the political action | ||||||
18 | committee may report the contributions in the aggregate, | ||||||
19 | provided that: (i) contributions made through dues, levies, or | ||||||
20 | similar assessments paid by any natural person, corporation, | ||||||
21 | labor organization, or association in a calendar year may not | ||||||
22 | exceed the limits set forth in this Section; (ii) the | ||||||
23 | corporation, labor organization, association, or a political | ||||||
24 | action committee established by a corporation, labor | ||||||
25 | organization, or association facilitating the delivery of | ||||||
26 | contributions maintains a list of natural persons, |
| |||||||
| |||||||
1 | corporations, labor organizations, and associations that paid | ||||||
2 | the dues, levies, or similar assessments from which the | ||||||
3 | contributions comprising the aggregate amount derive; and | ||||||
4 | (iii) contributions made through dues, levies, or similar | ||||||
5 | assessments paid by any natural person, corporation, labor | ||||||
6 | organization, or association that exceed $1,000 in a quarterly | ||||||
7 | reporting period shall be itemized on the committee's | ||||||
8 | quarterly report and may not be reported in the aggregate. A | ||||||
9 | political action committee facilitating the delivery of | ||||||
10 | contributions or receiving contributions shall disclose the | ||||||
11 | amount of contributions made through dues delivered or | ||||||
12 | received and the name of the corporation, labor organization, | ||||||
13 | association, or political action committee delivering the | ||||||
14 | contributions, if applicable. On January 1 of each | ||||||
15 | odd-numbered year, the State Board of Elections shall adjust | ||||||
16 | the amounts of the contribution limitations established in | ||||||
17 | this subsection for inflation as determined by the Consumer | ||||||
18 | Price Index for All Urban Consumers as issued by the United | ||||||
19 | States Department of Labor and rounded to the nearest $100. | ||||||
20 | The State Board shall publish this information on its official | ||||||
21 | website. | ||||||
22 | (j) A political committee that receives a contribution or | ||||||
23 | transfer in violation of this Section shall dispose of the | ||||||
24 | contribution or transfer by returning the contribution or | ||||||
25 | transfer, or an amount equal to the contribution or transfer, | ||||||
26 | to the contributor or transferor or donating the contribution |
| |||||||
| |||||||
1 | or transfer, or an amount equal to the contribution or | ||||||
2 | transfer, to a charity. A contribution or transfer received in | ||||||
3 | violation of this Section that is not disposed of as provided | ||||||
4 | in this subsection within 30 days after the Board sends | ||||||
5 | notification to the political committee of the excess | ||||||
6 | contribution by certified mail shall escheat to the General | ||||||
7 | Revenue Fund and the political committee shall be deemed in | ||||||
8 | violation of this Section and subject to a civil penalty not to | ||||||
9 | exceed 150% of the total amount of the contribution. | ||||||
10 | (k) For the purposes of this Section, "statewide office" | ||||||
11 | means the Governor, Lieutenant Governor, Attorney General, | ||||||
12 | Secretary of State, Comptroller, and Treasurer. | ||||||
13 | (l) This Section is repealed if and when the United States | ||||||
14 | Supreme Court invalidates contribution limits on committees | ||||||
15 | formed to assist candidates, political parties, corporations, | ||||||
16 | associations, or labor organizations established by or | ||||||
17 | pursuant to federal law. | ||||||
18 | (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21; | ||||||
19 | 102-909, 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, | ||||||
23 | expenditures, and independent expenditures under Section 9-10 | ||||||
24 | shall disclose the following: | ||||||
25 | (1) the name and address of the political committee; |
| |||||||
| |||||||
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); |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, | ||||||
25 | income from investments shall be included as receipts during | ||||||
26 | the reporting period they are actually received. The gross |
| |||||||
| |||||||
1 | purchase price of each investment shall be reported as an | ||||||
2 | expenditure at time of purchase. Net proceeds from the sale of | ||||||
3 | an investment shall be reported as a receipt. During the | ||||||
4 | period investments are held they shall be identified by name | ||||||
5 | and quantity of security or instrument on each quarterly | ||||||
6 | semi-annual report during the period. | ||||||
7 | (b) Each report of a campaign contribution of $1,000 or | ||||||
8 | more required under subsection (c) of Section 9-10 shall | ||||||
9 | disclose 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 | ||||||
17 | information regarding any independent expenditures made during | ||||||
18 | the reporting period: (1) the full name and mailing address of | ||||||
19 | each person to whom an expenditure in excess of $150 has been | ||||||
20 | made in connection with an independent expenditure; (2) the | ||||||
21 | amount, date, and purpose of such expenditure; (3) a statement | ||||||
22 | whether the independent expenditure was in support of or in | ||||||
23 | opposition to a particular candidate; (4) the name of the | ||||||
24 | candidate; (5) the office and, when applicable, district, | ||||||
25 | sought by the candidate; and (6) a certification, under | ||||||
26 | penalty of perjury, that such expenditure was not made in |
| |||||||
| |||||||
1 | cooperation, consultation, or concert with, or at the request | ||||||
2 | or suggestion of, any candidate or any authorized committee or | ||||||
3 | agent of such committee. The report shall also include (I) the | ||||||
4 | total of all independent expenditures of $150 or less made | ||||||
5 | during the reporting period and (II) the total amount of all | ||||||
6 | independent 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 | ||||||
9 | Article shall be cumulative during the reporting period to | ||||||
10 | which they relate. | ||||||
11 | (e) Each report shall be verified, dated, and signed by | ||||||
12 | either the treasurer of the political committee or the | ||||||
13 | candidate on whose behalf the report is filed and shall | ||||||
14 | contain the following verification: | ||||||
15 | "I declare that this report (including any accompanying | ||||||
16 | schedules and statements) has been examined by me and, to the | ||||||
17 | best of my knowledge and belief, is a true, correct, and | ||||||
18 | complete report as required by Article 9 of the Election Code. | ||||||
19 | I understand that willfully filing a false or incomplete | ||||||
20 | statement is subject to a civil penalty of up to $5,000.". | ||||||
21 | (f) A political committee may amend a report filed under | ||||||
22 | subsection (a) or (b). The Board may reduce or waive a fine if | ||||||
23 | the amendment is due to a technical or inadvertent error and | ||||||
24 | the political committee files the amended report, except that | ||||||
25 | a report filed under subsection (b) must be amended within 5 | ||||||
26 | business days. The State Board shall ensure that a description |
| |||||||
| |||||||
1 | of the amended information is available to the public. The | ||||||
2 | Board 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 | ||||||
6 | State Board of Elections shall establish and maintain on its | ||||||
7 | official website a searchable database, freely accessible to | ||||||
8 | the public, of each complaint filed with the Board under this | ||||||
9 | Article with respect to which Board action was taken, | ||||||
10 | including all Board actions and penalties imposed, if any. The | ||||||
11 | Board must update the database within 5 business days after an | ||||||
12 | action is taken or a penalty is imposed to include that | ||||||
13 | complaint, action, or penalty in the database. The Task Force | ||||||
14 | on Campaign Finance Reform shall make recommendations on | ||||||
15 | improving 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 | ||||||
20 | registration required under Section 20-160 of the Illinois | ||||||
21 | Procurement Code. | ||||||
22 | For the purposes of this Section, the terms | ||||||
23 | "officeholder", "State contract", "business entity", "State | ||||||
24 | agency", "affiliated entity", and "affiliated person" have the |
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1 | meanings ascribed to those terms in Section 50-37 of the | ||||||
2 | Illinois Procurement Code. | ||||||
3 | (b) Registration under Section 20-160 of the Illinois | ||||||
4 | Procurement Code, and any changes to that registration, must | ||||||
5 | be made electronically, and the State Board of Elections by | ||||||
6 | rule shall provide for electronic registration ; except that | ||||||
7 | the State Board may adopt emergency rules providing for a | ||||||
8 | temporary filing system, effective through August 1, 2009, | ||||||
9 | under which business entities must file the required | ||||||
10 | registration forms provided by the Board via e-mail attachment | ||||||
11 | in a PDF file or via another type of mail service and must | ||||||
12 | receive from the State Board registration certificates via | ||||||
13 | e-mail or paper registration certificates. The State Board | ||||||
14 | shall retain the registrations submitted by business entities | ||||||
15 | via e-mail or another type of mail service for at least 6 | ||||||
16 | months following the establishment of the electronic | ||||||
17 | registration system required by this subsection . | ||||||
18 | Each registration must contain substantially the | ||||||
19 | following: | ||||||
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. |
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1 | (c) The Board shall provide a certificate of registration | ||||||
2 | to the business entity. The certificate shall be electronic , | ||||||
3 | except as otherwise provided in this Section, and accessible | ||||||
4 | to the business entity through the State Board of Elections' | ||||||
5 | website and protected by a password. Within 60 days after | ||||||
6 | establishment of the electronic system, each business entity | ||||||
7 | that submitted a registration via e-mail attachment or paper | ||||||
8 | copy pursuant to this Section shall re-submit its registration | ||||||
9 | electronically. At the time of re-submission, the State Board | ||||||
10 | of Elections shall provide an electronic certificate of | ||||||
11 | registration to that business entity. | ||||||
12 | (d) Any business entity required to register under Section | ||||||
13 | 20-160 of the Illinois Procurement Code shall provide a copy | ||||||
14 | of the registration certificate, by first class mail or hand | ||||||
15 | delivery within 10 days after registration, to each affiliated | ||||||
16 | entity or affiliated person whose identity is required to be | ||||||
17 | disclosed. Failure to provide notice to an affiliated entity | ||||||
18 | or affiliated person is a business offense for which the | ||||||
19 | business entity is subject to a fine not to exceed $1,001. | ||||||
20 | (e) In addition to any penalty under Section 20-160 of the | ||||||
21 | Illinois Procurement Code, intentional, willful, or material | ||||||
22 | failure to disclose information required for registration is | ||||||
23 | subject to a civil penalty imposed by the State Board of | ||||||
24 | Elections. 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 |
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| |||||||
1 | 20-160 of the Illinois Procurement Code shall notify any | ||||||
2 | political committee to which it makes a contribution, at the | ||||||
3 | time of the contribution, that the business entity is | ||||||
4 | registered with the State Board of Elections under Section | ||||||
5 | 20-160 of the Illinois Procurement Code. Any affiliated entity | ||||||
6 | or affiliated person of a business entity required to register | ||||||
7 | under Section 20-160 of the Illinois Procurement Code shall | ||||||
8 | notify any political committee to which it makes a | ||||||
9 | contribution that it is affiliated with a business entity | ||||||
10 | registered with the State Board of Elections under Section | ||||||
11 | 20-160 of the Illinois Procurement Code. | ||||||
12 | (g) The State Board of Elections on its official website | ||||||
13 | shall have a searchable database containing (i) all | ||||||
14 | information required to be submitted to the Board under | ||||||
15 | Section 20-160 of the Illinois Procurement Code and (ii) all | ||||||
16 | reports filed under this Article with the State Board of | ||||||
17 | Elections by all political committees. For the purposes of | ||||||
18 | databases maintained by the State Board of Elections, | ||||||
19 | "searchable" means able to search by "political committee", as | ||||||
20 | defined in this Article, and by "officeholder", "State | ||||||
21 | agency", "business entity", "affiliated entity", and | ||||||
22 | "affiliated person". The Board shall not place the name of a | ||||||
23 | minor child on the website. However, the Board shall provide a | ||||||
24 | link to all contributions made by anyone reporting the same | ||||||
25 | residential address as any affiliated person. In addition, the | ||||||
26 | State Board of Elections on its official website shall provide |
| |||||||
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1 | an electronic connection to any searchable database of State | ||||||
2 | contracts maintained by the Comptroller, searchable by | ||||||
3 | business entity. | ||||||
4 | (h) The State Board of Elections shall have rulemaking | ||||||
5 | authority 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 | ||||||
9 | nomination or nomination papers are filed shall notify the | ||||||
10 | person for whom such papers are filed of the obligation to file | ||||||
11 | statements of organization, reports of campaign contributions, | ||||||
12 | and quarterly annual reports of campaign contributions and | ||||||
13 | expenditures under Article 9 of this Act. Such notice shall be | ||||||
14 | given in the manner prescribed by paragraph (7) of Section | ||||||
15 | 9-16 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 | ||||||
20 | a political committee, as defined in Article 9, files its | ||||||
21 | statements of organization, the State Board of Elections , in | ||||||
22 | the case of a state political committee or a political | ||||||
23 | committee acting as both a state political committee and a | ||||||
24 | local political committee, or the county clerk, in the case of |
| |||||||
| |||||||
1 | a local political committee, shall give the political | ||||||
2 | committee a blank form of the Code of Fair Campaign Practices | ||||||
3 | and a copy of the provisions of this Article. The State Board | ||||||
4 | of Elections or county clerk shall inform each political | ||||||
5 | committee that subscription to the Code is voluntary. The text | ||||||
6 | of the Code shall read as follows: | ||||||
7 | CODE OF FAIR CAMPAIGN PRACTICES | ||||||
8 | There are basic principles of decency, honesty, and fair | ||||||
9 | play that every candidate for public office in the State of | ||||||
10 | Illinois has a moral obligation to observe and uphold, in | ||||||
11 | order that, after vigorously contested but fairly conducted | ||||||
12 | campaigns, our citizens may exercise their constitutional | ||||||
13 | right to a free and untrammeled choice and the will of the | ||||||
14 | people may be fully and clearly expressed on the issues. | ||||||
15 | THEREFORE: | ||||||
16 | (1) I will conduct my campaign openly and publicly, and | ||||||
17 | limit attacks on my opponent to legitimate challenges to his | ||||||
18 | record. | ||||||
19 | (2) I will not use or permit the use of character | ||||||
20 | defamation, whispering campaigns, libel, slander, or | ||||||
21 | scurrilous attacks on any candidate or his personal or family | ||||||
22 | life. | ||||||
23 | (3) I will not use or permit any appeal to negative | ||||||
24 | prejudice based on race, sex, sexual orientation, religion or | ||||||
25 | national origin. | ||||||
26 | (4) I will not use campaign material of any sort that |
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1 | misrepresents, distorts, or otherwise falsifies the facts, nor | ||||||
2 | will I use malicious or unfounded accusations that aim at | ||||||
3 | creating or exploiting doubts, without justification, as to | ||||||
4 | the personal integrity or patriotism of my opposition. | ||||||
5 | (5) I will not undertake or condone any dishonest or | ||||||
6 | unethical practice that tends to corrupt or undermine our | ||||||
7 | American system of free elections or that hampers or prevents | ||||||
8 | the full and free expression of the will of the voters. | ||||||
9 | (6) I will defend and uphold the right of every qualified | ||||||
10 | American voter to full and equal participation in the | ||||||
11 | electoral process. | ||||||
12 | (7) I will immediately and publicly repudiate methods and | ||||||
13 | tactics that may come from others that I have pledged not to | ||||||
14 | use or condone. I shall take firm action against any | ||||||
15 | subordinate who violates any provision of this Code or the | ||||||
16 | laws governing elections. | ||||||
17 | I, the undersigned, candidate for election to public | ||||||
18 | office in the State of Illinois or chair of a political | ||||||
19 | committee in support of or opposition to a question of public | ||||||
20 | policy, hereby voluntarily endorse, subscribe to, and solemnly | ||||||
21 | pledge myself to conduct my campaign in accordance with the | ||||||
22 | above principles and practices.
| ||||||
23 | .............. ...............................
| ||||||
24 | Date Signature | ||||||
25 | (Source: P.A. 100-1027, eff. 1-1-19 .)
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| |||||||
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 | ||||||
4 | for printing and supplying of forms. The State Board of | ||||||
5 | Elections shall print, or cause to be printed, copies of the | ||||||
6 | Code of Fair Campaign Practices. The State Board of Elections | ||||||
7 | shall supply the forms to the county clerks in quantities and | ||||||
8 | at 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 | ||||||
13 | public inspection. The State Board of Elections and the county | ||||||
14 | clerks shall accept, at all times prior to an election, all | ||||||
15 | completed copies of the Code of Fair Campaign Practices that | ||||||
16 | are properly subscribed to by a candidate or the chair of a | ||||||
17 | political committee in support of or opposition to a question | ||||||
18 | of public policy, and shall retain them for public inspection | ||||||
19 | until 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 | ||||||
23 | Section 9-45.
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| |||||||
1 | Section 15. The Illinois Procurement Code is amended by | ||||||
2 | changing 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. |
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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. |
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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 . |
| |||||||
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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 | ||||||
21 | agencies, in the aggregate, annually total more than $50,000, | ||||||
22 | and any affiliated entities or affiliated persons of such | ||||||
23 | business entity, are prohibited from making any contributions | ||||||
24 | to any political committees established to promote the | ||||||
25 | candidacy of (i) the officeholder responsible for awarding the | ||||||
26 | contracts or (ii) any other declared candidate for that |
| |||||||
| |||||||
1 | office. This prohibition shall be effective for the duration | ||||||
2 | of the term of office of the incumbent officeholder awarding | ||||||
3 | the contracts or for a period of 2 years following the | ||||||
4 | expiration or termination of the contracts, whichever is | ||||||
5 | longer. | ||||||
6 | (c) Any business entity whose aggregate pending bids and | ||||||
7 | offers on State contracts total more than $50,000, or whose | ||||||
8 | aggregate pending bids and offers on State contracts combined | ||||||
9 | with the business entity's aggregate annual total value of | ||||||
10 | State contracts exceed $50,000, and any affiliated entities or | ||||||
11 | affiliated persons of such business entity, are prohibited | ||||||
12 | from making any contributions to any political committee | ||||||
13 | established to promote the candidacy of the officeholder | ||||||
14 | responsible for awarding the contract on which the business | ||||||
15 | entity has submitted a bid or offer during the period | ||||||
16 | beginning on the date the invitation for bids, request for | ||||||
17 | proposals, or any other procurement opportunity is issued and | ||||||
18 | ending on the day after the date the contract is awarded. | ||||||
19 | (c-5) For the purposes of the prohibitions under | ||||||
20 | subsections (b) and (c) of this Section, (i) any contribution | ||||||
21 | made to a political committee established to promote the | ||||||
22 | candidacy of the Governor or a declared candidate for the | ||||||
23 | office of Governor shall also be considered as having been | ||||||
24 | made to a political committee established to promote the | ||||||
25 | candidacy of the Lieutenant Governor, in the case of the | ||||||
26 | Governor, or the declared candidate for Lieutenant Governor |
| |||||||
| |||||||
1 | having filed a joint petition, or write-in declaration of | ||||||
2 | intent, with the declared candidate for Governor, as | ||||||
3 | applicable, and (ii) any contribution made to a political | ||||||
4 | committee established to promote the candidacy of the | ||||||
5 | Lieutenant Governor or a declared candidate for the office of | ||||||
6 | Lieutenant Governor shall also be considered as having been | ||||||
7 | made to a political committee established to promote the | ||||||
8 | candidacy of the Governor, in the case of the Lieutenant | ||||||
9 | Governor, or the declared candidate for Governor having filed | ||||||
10 | a joint petition, or write-in declaration of intent, with the | ||||||
11 | declared candidate for Lieutenant Governor, as applicable. | ||||||
12 | (d) All contracts between State agencies and a business | ||||||
13 | entity that violate subsection (b) or (c) shall be voidable | ||||||
14 | under Section 50-60. If a business entity violates subsection | ||||||
15 | (b) 3 or more times within a 36-month period, then all | ||||||
16 | contracts between State agencies and that business entity | ||||||
17 | shall be void, and that business entity shall not bid or | ||||||
18 | respond to any invitation to bid or request for proposals from | ||||||
19 | any State agency or otherwise enter into any contract with any | ||||||
20 | State agency for 3 years from the date of the last violation. A | ||||||
21 | notice of each violation and the penalty imposed shall be | ||||||
22 | published in both the Procurement Bulletin and the Illinois | ||||||
23 | Register. | ||||||
24 | (e) Any political committee that has received a | ||||||
25 | contribution in violation of subsection (b) or (c) shall pay | ||||||
26 | an amount equal to the value of the contribution to the State |
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