Bill Text: IL HB5448 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Election Code. Makes a technical change in a Section concerning limitations on campaign contributions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-31 - Referred to Rules Committee [HB5448 Detail]
Download: Illinois-2021-HB5448-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||
5 | Section 9-8.5 as follows:
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6 | (10 ILCS 5/9-8.5) | |||||||||||||||||||
7 | Sec. 9-8.5. Limitations on campaign contributions. | |||||||||||||||||||
8 | (a) It is unlawful for for a political committee to accept | |||||||||||||||||||
9 | contributions except as provided in this Section. | |||||||||||||||||||
10 | (b) During an election cycle, a candidate political | |||||||||||||||||||
11 | committee may not accept contributions with an aggregate value | |||||||||||||||||||
12 | over the following: (i) $5,000 from any individual, (ii) | |||||||||||||||||||
13 | $10,000 from any corporation, labor organization, or | |||||||||||||||||||
14 | association, or (iii) $50,000 from a candidate political | |||||||||||||||||||
15 | committee or political action committee. A candidate political | |||||||||||||||||||
16 | committee may accept contributions in any amount from a | |||||||||||||||||||
17 | political party committee except during an election cycle in | |||||||||||||||||||
18 | which the candidate seeks nomination at a primary election. | |||||||||||||||||||
19 | During an election cycle in which the candidate seeks | |||||||||||||||||||
20 | nomination at a primary election, a candidate political | |||||||||||||||||||
21 | committee may not accept contributions from political party | |||||||||||||||||||
22 | committees with an aggregate value over the following: (i) | |||||||||||||||||||
23 | $200,000 for a candidate political committee established to |
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1 | support a candidate seeking nomination to statewide office, | ||||||
2 | (ii) $125,000 for a candidate political committee established | ||||||
3 | to support a candidate seeking nomination to the Senate, the | ||||||
4 | Supreme Court or Appellate Court in the First Judicial | ||||||
5 | District, or an office elected by all voters in a county with | ||||||
6 | 1,000,000 or more residents, (iii) $75,000 for a candidate | ||||||
7 | political committee established to support a candidate seeking | ||||||
8 | nomination to the House of Representatives, the Supreme Court | ||||||
9 | or Appellate Court for a Judicial District other than the | ||||||
10 | First Judicial District, an office elected by all voters of a | ||||||
11 | county of fewer than 1,000,000 residents, and municipal and | ||||||
12 | county offices in Cook County other than those elected by all | ||||||
13 | voters of Cook County, and (iv) $50,000 for a candidate | ||||||
14 | political committee established to support the nomination of a | ||||||
15 | candidate to any other office.
A candidate political committee | ||||||
16 | established to elect a candidate to the General Assembly may | ||||||
17 | accept contributions from only one legislative caucus | ||||||
18 | committee. A candidate political committee may not accept | ||||||
19 | contributions from a ballot initiative committee or from an
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20 | independent expenditure committee. | ||||||
21 | (b-5) Judicial elections. | ||||||
22 | (1) In addition to any other provision of this | ||||||
23 | Section, a candidate political committee established to | ||||||
24 | support a candidate seeking nomination to the Supreme | ||||||
25 | Court, Appellate Court, or Circuit Court may not: | ||||||
26 | (A) accept contributions from any entity that does |
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1 | not disclose the identity of those who make | ||||||
2 | contributions to the entity, except for contributions | ||||||
3 | that are not required to be itemized by this Code; or | ||||||
4 | (B) accept contributions from any out-of-state | ||||||
5 | person, as defined in this Article. | ||||||
6 | (2) As used in this subsection, "contribution" has the | ||||||
7 | meaning provided in Section 9-1.4 and also includes the | ||||||
8 | following that are subject to the limits of this Section: | ||||||
9 | (A) expenditures made by any person in concert or | ||||||
10 | cooperation with, or at the request or suggestion of, | ||||||
11 | a candidate, his or her designated committee, or their | ||||||
12 | agents; and | ||||||
13 | (B) the financing by any person of the | ||||||
14 | dissemination, distribution, or republication, in | ||||||
15 | whole or in part, of any broadcast or any written, | ||||||
16 | graphic, or other form of campaign materials prepared | ||||||
17 | by the candidate, his or her campaign committee, or | ||||||
18 | their designated agents. | ||||||
19 | (3) As to contributions to a candidate political | ||||||
20 | committee established to support a candidate seeking | ||||||
21 | nomination to the Supreme Court, Appellate Court, or | ||||||
22 | Circuit Court: | ||||||
23 | (A) No person shall make a contribution in the | ||||||
24 | name of another person or knowingly permit his or her | ||||||
25 | name to be used to effect such a contribution. | ||||||
26 | (B) No person shall knowingly accept a |
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1 | contribution made by one person in the name of another | ||||||
2 | person. | ||||||
3 | (C) No person shall knowingly accept reimbursement | ||||||
4 | from another person for a contribution made in his or | ||||||
5 | her own name. | ||||||
6 | (D) No person shall make an anonymous | ||||||
7 | contribution. | ||||||
8 | (E) No person shall knowingly accept any anonymous | ||||||
9 | contribution. | ||||||
10 | (F) No person shall predicate (1) any benefit, | ||||||
11 | including, but not limited to, employment decisions, | ||||||
12 | including hiring, promotions, bonus compensation, and | ||||||
13 | transfers, or (2) any other gift, transfer, or | ||||||
14 | emolument upon: | ||||||
15 | (i) the decision by the recipient of that | ||||||
16 | benefit to donate or not to donate to a candidate; | ||||||
17 | or | ||||||
18 | (ii) the amount of any such donation. | ||||||
19 | (4) No judicial candidate or political committee | ||||||
20 | established to support a candidate seeking nomination to | ||||||
21 | the Supreme Court, Appellate Court, or Circuit Court shall | ||||||
22 | knowingly accept any contribution or make any expenditure | ||||||
23 | in violation of the provisions of this Section. No officer | ||||||
24 | or employee of a political committee established to | ||||||
25 | support a candidate seeking nomination to the Supreme | ||||||
26 | Court, Appellate Court, or Circuit Court shall knowingly |
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1 | accept a contribution made for the benefit or use of a | ||||||
2 | candidate or knowingly make any expenditure in support of | ||||||
3 | or opposition to a candidate or for electioneering | ||||||
4 | communications in relation to a candidate in violation of | ||||||
5 | any limitation designated for contributions and | ||||||
6 | expenditures under this Section. | ||||||
7 | (5) Where the provisions of this subsection (b-5) | ||||||
8 | conflict with any other provision of this Code, this | ||||||
9 | subsection (b-5) shall control. | ||||||
10 | (c) During an election cycle, a political party committee | ||||||
11 | may not accept contributions with an aggregate value over the | ||||||
12 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
13 | any corporation, labor organization, or association, or (iii) | ||||||
14 | $50,000 from a political action committee. A political party | ||||||
15 | committee may accept contributions in any amount from another | ||||||
16 | political party committee or a candidate political committee, | ||||||
17 | except as provided in subsection (c-5). Nothing in this | ||||||
18 | Section shall limit the amounts that may be transferred | ||||||
19 | between a political party committee established under | ||||||
20 | subsection (a) of Section 7-8 of this Code and an affiliated | ||||||
21 | federal political committee established under the Federal | ||||||
22 | Election Code by the same political party. A political party | ||||||
23 | committee may not accept contributions from a ballot | ||||||
24 | initiative committee or from an
independent expenditure | ||||||
25 | committee. A political party committee established by a | ||||||
26 | legislative caucus may not accept contributions from another |
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1 | political party committee established by a legislative caucus. | ||||||
2 | (c-5) During the period beginning on the date candidates | ||||||
3 | may begin circulating petitions for a primary election and | ||||||
4 | ending on the day of the primary election, a political party | ||||||
5 | committee may not accept contributions with an aggregate value | ||||||
6 | over $50,000 from a candidate political committee or political | ||||||
7 | party committee. A political party committee may accept | ||||||
8 | contributions in any amount from a candidate political | ||||||
9 | committee or political party committee if the political party | ||||||
10 | committee receiving the contribution filed a statement of | ||||||
11 | nonparticipation in the primary as provided in subsection | ||||||
12 | (c-10). The Task Force on Campaign Finance Reform shall study | ||||||
13 | and make recommendations on the provisions of this subsection | ||||||
14 | to the Governor and General Assembly by September 30, 2012. | ||||||
15 | This subsection becomes inoperative on July 1, 2013 and | ||||||
16 | thereafter no longer applies. | ||||||
17 | (c-10) A political party committee that does not intend to | ||||||
18 | make contributions to candidates to be nominated at a general | ||||||
19 | primary election or consolidated primary election may file a | ||||||
20 | Statement of Nonparticipation in a Primary Election with the | ||||||
21 | Board. The Statement of Nonparticipation shall include a | ||||||
22 | verification signed by the chairperson and treasurer of the | ||||||
23 | committee that (i) the committee will not make contributions | ||||||
24 | or coordinated expenditures in support of or opposition to a | ||||||
25 | candidate or candidates to be nominated at the general primary | ||||||
26 | election or consolidated primary election (select one) to be |
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1 | held on (insert date), (ii) the political party committee may | ||||||
2 | accept unlimited contributions from candidate political | ||||||
3 | committees and political party committees, provided that the | ||||||
4 | political party committee does not make contributions to a | ||||||
5 | candidate or candidates to be nominated at the primary | ||||||
6 | election, and (iii) failure to abide by these requirements | ||||||
7 | shall deem the political party committee in violation of this | ||||||
8 | Article and subject the committee to a fine of no more than | ||||||
9 | 150% of the total contributions or coordinated expenditures | ||||||
10 | made by the committee in violation of this Article. This | ||||||
11 | subsection becomes inoperative on July 1, 2013 and thereafter | ||||||
12 | no longer applies. | ||||||
13 | (d) During an election cycle, a political action committee | ||||||
14 | may not accept contributions with an aggregate value over the | ||||||
15 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
16 | any corporation, labor organization, political party | ||||||
17 | committee, or association, or (iii) $50,000 from a political | ||||||
18 | action committee or candidate political committee. A political | ||||||
19 | action committee may not accept contributions from a ballot | ||||||
20 | initiative committee or from an
independent expenditure | ||||||
21 | committee. | ||||||
22 | (e) A ballot initiative committee may accept contributions | ||||||
23 | in any amount from any source, provided that the committee | ||||||
24 | files the document required by Section 9-3 of this Article and | ||||||
25 | files the disclosure reports required by the provisions of | ||||||
26 | this Article. |
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1 | (e-5) An independent expenditure committee may accept | ||||||
2 | contributions in any amount from any source, provided that the | ||||||
3 | committee files the document required by Section 9-3 of this | ||||||
4 | Article and files the disclosure reports required by the | ||||||
5 | provisions of this Article. | ||||||
6 | (e-10) A limited activity committee shall not accept | ||||||
7 | contributions, except that the officer or a candidate the | ||||||
8 | committee has designated to support may contribute personal | ||||||
9 | funds in order to pay for maintenance expenses. A limited | ||||||
10 | activity committee may only make expenditures that are: (i) | ||||||
11 | necessary for maintenance of the committee; (ii) for rent or | ||||||
12 | lease payments until the end of the lease in effect at the time | ||||||
13 | the officer or candidate is confirmed by the Senate; (iii) | ||||||
14 | contributions to 501(c)(3) charities; or (iv) returning | ||||||
15 | contributions to original contributors. | ||||||
16 | (f) Nothing in this Section shall prohibit a political | ||||||
17 | committee from dividing the proceeds of joint fundraising | ||||||
18 | efforts; provided that no political committee may receive more | ||||||
19 | than the limit from any one contributor, and provided that an | ||||||
20 | independent
expenditure committee may not conduct joint | ||||||
21 | fundraising efforts with a
candidate political committee or a | ||||||
22 | political party committee. | ||||||
23 | (g) On January 1 of each odd-numbered year, the State | ||||||
24 | Board of Elections shall adjust the amounts of the | ||||||
25 | contribution limitations established in this Section for | ||||||
26 | inflation as determined by the Consumer Price Index for All |
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1 | Urban Consumers as issued by the United States Department of | ||||||
2 | Labor and rounded to the nearest $100. The State Board shall | ||||||
3 | publish this information on its official website. | ||||||
4 | (h) Self-funding candidates. If a public official, a | ||||||
5 | candidate, or the public official's or candidate's immediate | ||||||
6 | family contributes or loans to the public official's or | ||||||
7 | candidate's political committee or to other political | ||||||
8 | committees that transfer funds to the public official's or | ||||||
9 | candidate's political committee or makes independent | ||||||
10 | expenditures for the benefit of the public official's or | ||||||
11 | candidate's campaign during the 12 months prior to an election | ||||||
12 | in an aggregate amount of more than (i) $250,000 for statewide | ||||||
13 | office or (ii) $100,000 for all other elective offices, then | ||||||
14 | the public official or candidate shall file with the State | ||||||
15 | Board of Elections, within one day, a Notification of | ||||||
16 | Self-funding that shall detail each contribution or loan made | ||||||
17 | by the public official, the candidate, or the public | ||||||
18 | official's or candidate's immediate family. Within 2 business | ||||||
19 | days after the filing of a Notification of Self-funding, the | ||||||
20 | notification shall be posted on the Board's website and the | ||||||
21 | Board shall give official notice of the filing to each | ||||||
22 | candidate for the same office as the public official or | ||||||
23 | candidate making the filing, including the public official or | ||||||
24 | candidate filing the Notification of Self-funding. Notice | ||||||
25 | shall be sent via first class mail to the candidate and the | ||||||
26 | treasurer of the candidate's committee. Notice shall also be |
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1 | sent by e-mail to the candidate and the treasurer of the | ||||||
2 | candidate's committee if the candidate and the treasurer, as | ||||||
3 | applicable, have provided the Board with an e-mail address. | ||||||
4 | Upon posting of the notice on the Board's website, all | ||||||
5 | candidates for that office, including the public official or | ||||||
6 | candidate who filed a Notification of Self-funding, shall be | ||||||
7 | permitted to accept contributions in excess of any | ||||||
8 | contribution limits imposed by subsection (b). If a public | ||||||
9 | official or candidate filed a Notification of Self-funding | ||||||
10 | during an election cycle that includes a general primary | ||||||
11 | election or consolidated primary election and that public | ||||||
12 | official or candidate is nominated, all candidates for that | ||||||
13 | office, including the nominee who filed the notification of | ||||||
14 | self-funding, shall be permitted to accept contributions in | ||||||
15 | excess of any contribution limit imposed by subsection (b) for | ||||||
16 | the subsequent election cycle. For the purposes of this | ||||||
17 | subsection, "immediate family" means the spouse, parent, or | ||||||
18 | child of a public official or candidate. | ||||||
19 | (h-5) If a natural person or independent expenditure | ||||||
20 | committee makes independent expenditures in support of or in | ||||||
21 | opposition to the campaign of a particular public official or | ||||||
22 | candidate in an aggregate amount of more than (i) $250,000 for | ||||||
23 | statewide office or (ii) $100,000 for all other elective | ||||||
24 | offices in an election cycle, as reported in a written | ||||||
25 | disclosure filed under subsection (a) of Section 9-8.6 or | ||||||
26 | subsection (e-5) of Section 9-10, then the State Board of |
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1 | Elections shall, within 2 business days after the filing of | ||||||
2 | the disclosure, post the disclosure on the Board's website and | ||||||
3 | give official notice of the disclosure to each candidate for | ||||||
4 | the same office as the public official or candidate for whose | ||||||
5 | benefit or detriment the natural person or independent | ||||||
6 | expenditure committee made independent expenditures. Upon | ||||||
7 | posting of the notice on the Board's website, all candidates | ||||||
8 | for that office in that election, including the public | ||||||
9 | official or candidate for whose benefit or detriment the | ||||||
10 | natural person or independent expenditure committee made | ||||||
11 | independent expenditures, shall be permitted to accept | ||||||
12 | contributions in excess of any contribution limits imposed by | ||||||
13 | subsection (b). | ||||||
14 | (h-10) If the State Board of Elections receives | ||||||
15 | notification or determines that a natural person or persons, | ||||||
16 | an independent expenditure committee or committees, or | ||||||
17 | combination thereof has made independent expenditures in | ||||||
18 | support of or in opposition to the campaign of a particular | ||||||
19 | public official or candidate in an aggregate amount of more | ||||||
20 | than (i) $250,000 for statewide office or (ii) $100,000 for | ||||||
21 | all other elective offices in an election cycle, then the | ||||||
22 | Board shall, within 2 business days after discovering the | ||||||
23 | independent expenditures that, in the aggregate, exceed the | ||||||
24 | threshold set forth in (i) and (ii) of this subsection, post | ||||||
25 | notice of this fact on the Board's website and give official | ||||||
26 | notice to each candidate for the same office as the public |
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1 | official or candidate for whose benefit or detriment the | ||||||
2 | independent expenditures were made. Notice shall be sent via | ||||||
3 | first class mail to the candidate and the treasurer of the | ||||||
4 | candidate's committee. Notice shall also be sent by e-mail to | ||||||
5 | the candidate and the treasurer of the candidate's committee | ||||||
6 | if the candidate and the treasurer, as applicable, have | ||||||
7 | provided the Board with an e-mail address. Upon posting of the | ||||||
8 | notice on the Board's website, all candidates of that office | ||||||
9 | in that election, including the public official or candidate | ||||||
10 | for whose benefit or detriment the independent expenditures | ||||||
11 | were made, may accept contributions in excess of any | ||||||
12 | contribution limits imposed by subsection (b). | ||||||
13 | (i) For the purposes of this Section, a corporation, labor | ||||||
14 | organization, association, or a political action committee | ||||||
15 | established by a corporation, labor organization, or | ||||||
16 | association may act as a conduit in facilitating the delivery | ||||||
17 | to a political action committee of contributions made through | ||||||
18 | dues, levies, or similar assessments and the political action | ||||||
19 | committee may report the contributions in the aggregate, | ||||||
20 | provided that: (i) contributions made through dues, levies, or | ||||||
21 | similar assessments paid by any natural person, corporation, | ||||||
22 | labor organization, or association in a calendar year may not | ||||||
23 | exceed the limits set forth in this Section; (ii) the | ||||||
24 | corporation, labor organization, association, or a political | ||||||
25 | action committee established by a corporation, labor | ||||||
26 | organization, or association facilitating the delivery of |
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1 | contributions maintains a list of natural persons, | ||||||
2 | corporations, labor organizations, and associations that paid | ||||||
3 | the dues, levies, or similar assessments from which the | ||||||
4 | contributions comprising the aggregate amount derive; and | ||||||
5 | (iii) contributions made through dues, levies, or similar | ||||||
6 | assessments paid by any natural person, corporation, labor | ||||||
7 | organization, or association that exceed $1,000 in a quarterly | ||||||
8 | reporting period shall be itemized on the committee's | ||||||
9 | quarterly report and may not be reported in the aggregate. A | ||||||
10 | political action committee facilitating the delivery of | ||||||
11 | contributions or receiving contributions shall disclose the | ||||||
12 | amount of contributions made through dues delivered or | ||||||
13 | received and the name of the corporation, labor organization, | ||||||
14 | association, or political action committee delivering the | ||||||
15 | contributions, if applicable. On January 1 of each | ||||||
16 | odd-numbered year, the State Board of Elections shall adjust | ||||||
17 | the amounts of the contribution limitations established in | ||||||
18 | this subsection for inflation as determined by the Consumer | ||||||
19 | Price Index for All Urban Consumers as issued by the United | ||||||
20 | States Department of Labor and rounded to the nearest $100. | ||||||
21 | The State Board shall publish this information on its official | ||||||
22 | website. | ||||||
23 | (j) A political committee that receives a contribution or | ||||||
24 | transfer in violation of this Section shall dispose of the | ||||||
25 | contribution or transfer by returning the contribution or | ||||||
26 | transfer, or an amount equal to the contribution or transfer, |
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1 | to the contributor or transferor or donating the contribution | ||||||
2 | or transfer, or an amount equal to the contribution or | ||||||
3 | transfer, to a charity. A contribution or transfer received in | ||||||
4 | violation of this Section that is not disposed of as provided | ||||||
5 | in this subsection within 30 days after the Board sends | ||||||
6 | notification to the political committee of the excess | ||||||
7 | contribution by certified mail shall escheat to the General | ||||||
8 | Revenue Fund and the political committee shall be deemed in | ||||||
9 | violation of this Section and subject to a civil penalty not to | ||||||
10 | exceed 150% of the total amount of the contribution. | ||||||
11 | (k) For the purposes of this Section, "statewide office" | ||||||
12 | means the Governor, Lieutenant Governor, Attorney General, | ||||||
13 | Secretary of State, Comptroller, and Treasurer. | ||||||
14 | (l) This Section is repealed if and when the United States | ||||||
15 | Supreme Court invalidates contribution limits on committees | ||||||
16 | formed to assist candidates, political parties, corporations, | ||||||
17 | associations, or labor organizations established by or | ||||||
18 | pursuant to federal law.
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19 | (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21 .)
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