Bill Text: IL SB0290 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that a foreign national may not make, directly or indirectly, a contribution to a ballot initiative committee or an independent expenditure committee for the purpose of influencing any question of public policy to be submitted to the voters, and neither a ballot initiative committee nor an independent expenditure committee may knowingly solicit or accept a contribution from a foreign national for the purpose of influencing any question of public policy to be submitted to the voters. Provides that a foreign national may not make an independent expenditure for the purpose of influencing any question of public policy to be submitted to the voters. Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0290 Detail]

Download: Illinois-2023-SB0290-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0290 Introduced 2/2/2023, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-8.5
Amends the Election Code. Provides that a foreign national may not make, directly or indirectly, a contribution to a ballot initiative committee or an independent expenditure committee for the purpose of influencing any question of public policy to be submitted to the voters, and neither a ballot initiative committee nor an independent expenditure committee may knowingly solicit or accept a contribution from a foreign national for the purpose of influencing any question of public policy to be submitted to the voters. Provides that a foreign national may not make an independent expenditure for the purpose of influencing any question of public policy to be submitted to the voters. Effective immediately.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Section 9-8.5 as follows:
(10 ILCS 5/9-8.5)
Sec. 9-8.5. Limitations on campaign contributions.
(a) It is unlawful for a political committee to accept
contributions except as provided in this Section.
(b) During an election cycle, a candidate political
committee may not accept contributions with an aggregate value
over the following: (i) $5,000 from any individual, (ii)
$10,000 from any corporation, labor organization, or
association, or (iii) $50,000 from a candidate political
committee or political action committee. A candidate political
committee may accept contributions in any amount from a
political party committee except during an election cycle in
which the candidate seeks nomination at a primary election.
During an election cycle in which the candidate seeks
nomination at a primary election, a candidate political
committee may not accept contributions from political party
committees with an aggregate value over the following: (i)
$200,000 for a candidate political committee established to

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support a candidate seeking nomination to statewide office,
(ii) $125,000 for a candidate political committee established
to support a candidate seeking nomination to the Senate, the
Supreme Court or Appellate Court in the First Judicial
District, or an office elected by all voters in a county with
1,000,000 or more residents, (iii) $75,000 for a candidate
political committee established to support a candidate seeking
nomination to the House of Representatives, the Supreme Court
or Appellate Court for a Judicial District other than the
First Judicial District, an office elected by all voters of a
county of fewer than 1,000,000 residents, and municipal and
county offices in Cook County other than those elected by all
voters of Cook County, and (iv) $50,000 for a candidate
political committee established to support the nomination of a
candidate to any other office. A candidate political committee
established to elect a candidate to the General Assembly may
accept contributions from only one legislative caucus
committee. A candidate political committee may not accept
contributions from a ballot initiative committee or from an
independent expenditure committee.
(b-5) Judicial elections.
(1) In addition to any other provision of this
Section, a candidate political committee established to
support or oppose a candidate seeking nomination to the
Supreme Court, Appellate Court, or Circuit Court may not:
(A) accept contributions from any entity that does

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not disclose the identity of those who make
contributions to the entity, except for contributions
that are not required to be itemized by this Code; or
(B) accept contributions from any out-of-state
person, as defined in this Article.
(1.1) In addition to any other provision of this
Section, a political committee that is self-funding, as
described in subsection (h) of this Section, and is
established to support or oppose a candidate seeking
nomination, election, or retention to the Supreme Court,
the Appellate Court, or the Circuit Court may not accept
contributions from any single person, other than the
judicial candidate or the candidate's immediate family, in
a cumulative amount that exceeds $500,000 in any election
cycle. Any contribution in excess of the limits in this
paragraph (1.1) shall escheat to the State of Illinois.
Any political committee that receives such a contribution
shall immediately forward the amount that exceeds $500,000
to the State Treasurer who shall deposit the funds into
the State Treasury.
(1.2) In addition to any other provision of this
Section, an independent expenditure committee established
to support or oppose a candidate seeking nomination,
election, or retention to the Supreme Court, the Appellate
Court, or the Circuit Court may not accept contributions
from any single person in a cumulative amount that exceeds

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$500,000 in any election cycle. Any contribution in excess
of the limits in this paragraph (1.2) shall escheat to the
State of Illinois. Any independent expenditure committee
that receives such a contribution shall immediately
forward the amount that exceeds $500,000 to the State
Treasurer who shall deposit the funds into the State
Treasury.
(1.3) In addition to any other provision of this
Section, if a political committee established to support
or oppose a candidate seeking nomination, election, or
retention to the Supreme Court, the Appellate Court, or
the Circuit Court receives a contribution in excess of
$500 from: (i) any committee that is not required to
disclose its contributors under this Act; (ii) any
association that is not required to disclose its
contributors under this Act; or (iii) any other
organization or group of persons that is not required to
disclose its contributors under this Act, then that
contribution shall be considered an anonymous contribution
that shall escheat to the State, unless the political
committee reports to the State Board of Elections all
persons who have contributed in excess of $500 during the
same election cycle to the committee, association,
organization, or group making the contribution. Any
political committee that receives such a contribution and
fails to report this information shall forward the

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contribution amount immediately to the State Treasurer who
shall deposit the funds into the State Treasury.
(2) As used in this subsection, "contribution" has the
meaning provided in Section 9-1.4 and also includes the
following that are subject to the limits of this Section:
(A) expenditures made by any person in concert or
cooperation with, or at the request or suggestion of,
a candidate, his or her designated committee, or their
agents; and
(B) the financing by any person of the
dissemination, distribution, or republication, in
whole or in part, of any broadcast or any written,
graphic, or other form of campaign materials prepared
by the candidate, his or her campaign committee, or
their designated agents.
(3) As to contributions to a candidate political
committee established to support a candidate seeking
nomination to the Supreme Court, Appellate Court, or
Circuit Court:
(A) No person shall make a contribution in the
name of another person or knowingly permit his or her
name to be used to effect such a contribution.
(B) No person shall knowingly accept a
contribution made by one person in the name of another
person.
(C) No person shall knowingly accept reimbursement

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from another person for a contribution made in his or
her own name.
(D) No person shall make an anonymous
contribution.
(E) No person shall knowingly accept any anonymous
contribution.
(F) No person shall predicate (1) any benefit,
including, but not limited to, employment decisions,
including hiring, promotions, bonus compensation, and
transfers, or (2) any other gift, transfer, or
emolument upon:
(i) the decision by the recipient of that
benefit to donate or not to donate to a candidate;
or
(ii) the amount of any such donation.
(4) No judicial candidate or political committee
established to support a candidate seeking nomination to
the Supreme Court, Appellate Court, or Circuit Court shall
knowingly accept any contribution or make any expenditure
in violation of the provisions of this Section. No officer
or employee of a political committee established to
support a candidate seeking nomination to the Supreme
Court, Appellate Court, or Circuit Court shall knowingly
accept a contribution made for the benefit or use of a
candidate or knowingly make any expenditure in support of
or opposition to a candidate or for electioneering

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communications in relation to a candidate in violation of
any limitation designated for contributions and
expenditures under this Section.
(5) Where the provisions of this subsection (b-5)
conflict with any other provision of this Code, this
subsection (b-5) shall control.
(c) During an election cycle, a political party committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, or association, or (iii)
$50,000 from a political action committee. A political party
committee may accept contributions in any amount from another
political party committee or a candidate political committee,
except as provided in subsection (c-5). Nothing in this
Section shall limit the amounts that may be transferred
between a political party committee established under
subsection (a) of Section 7-8 of this Code and an affiliated
federal political committee established under the Federal
Election Code by the same political party. A political party
committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee. A political party committee established by a
legislative caucus may not accept contributions from another
political party committee established by a legislative caucus.
(c-5) During the period beginning on the date candidates
may begin circulating petitions for a primary election and

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ending on the day of the primary election, a political party
committee may not accept contributions with an aggregate value
over $50,000 from a candidate political committee or political
party committee. A political party committee may accept
contributions in any amount from a candidate political
committee or political party committee if the political party
committee receiving the contribution filed a statement of
nonparticipation in the primary as provided in subsection
(c-10). The Task Force on Campaign Finance Reform shall study
and make recommendations on the provisions of this subsection
to the Governor and General Assembly by September 30, 2012.
This subsection becomes inoperative on July 1, 2013 and
thereafter no longer applies.
(c-10) A political party committee that does not intend to
make contributions to candidates to be nominated at a general
primary election or consolidated primary election may file a
Statement of Nonparticipation in a Primary Election with the
Board. The Statement of Nonparticipation shall include a
verification signed by the chairperson and treasurer of the
committee that (i) the committee will not make contributions
or coordinated expenditures in support of or opposition to a
candidate or candidates to be nominated at the general primary
election or consolidated primary election (select one) to be
held on (insert date), (ii) the political party committee may
accept unlimited contributions from candidate political
committees and political party committees, provided that the

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

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committee files the document required by Section 9-3 of this
Article and files the disclosure reports required by the
provisions of this Article.
(e-10) A limited activity committee shall not accept
contributions, except that the officer or a candidate the
committee has designated to support may contribute personal
funds in order to pay for maintenance expenses. A limited
activity committee may only make expenditures that are: (i)
necessary for maintenance of the committee; (ii) for rent or
lease payments until the end of the lease in effect at the time
the officer or candidate is confirmed by the Senate; (iii)
contributions to 501(c)(3) charities; or (iv) returning
contributions to original contributors.
(f) Nothing in this Section shall prohibit a political
committee from dividing the proceeds of joint fundraising
efforts; provided that no political committee may receive more
than the limit from any one contributor, and provided that an
independent expenditure committee may not conduct joint
fundraising efforts with a candidate political committee or a
political party committee.
(g) On January 1 of each odd-numbered year, the State
Board of Elections shall adjust the amounts of the
contribution limitations established in this Section for
inflation as determined by the Consumer Price Index for All
Urban Consumers as issued by the United States Department of
Labor and rounded to the nearest $100. The State Board shall

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publish this information on its official website.
(h) Self-funding candidates. If a public official, a
candidate, or the public official's or candidate's immediate
family contributes or loans to the public official's or
candidate's political committee or to other political
committees that transfer funds to the public official's or
candidate's political committee or makes independent
expenditures for the benefit of the public official's or
candidate's campaign during the 12 months prior to an election
in an aggregate amount of more than (i) $250,000 for statewide
office or (ii) $100,000 for all other elective offices, then
the public official or candidate shall file with the State
Board of Elections, within one day, a Notification of
Self-funding that shall detail each contribution or loan made
by the public official, the candidate, or the public
official's or candidate's immediate family. Within 2 business
days after the filing of a Notification of Self-funding, the
notification shall be posted on the Board's website and the
Board shall give official notice of the filing to each
candidate for the same office as the public official or
candidate making the filing, including the public official or
candidate filing the Notification of Self-funding. Notice
shall be sent via first class mail to the candidate and the
treasurer of the candidate's committee. Notice shall also be
sent by e-mail to the candidate and the treasurer of the
candidate's committee if the candidate and the treasurer, as

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

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give official notice of the disclosure to each candidate for
the same office as the public official or candidate for whose
benefit or detriment the natural person or independent
expenditure committee made independent expenditures. Upon
posting of the notice on the Board's website, all candidates
for that office in that election, including the public
official or candidate for whose benefit or detriment the
natural person or independent expenditure committee made
independent expenditures, shall be permitted to accept
contributions in excess of any contribution limits imposed by
subsection (b).
(h-10) If the State Board of Elections receives
notification or determines that a natural person or persons,
an independent expenditure committee or committees, or
combination thereof has made independent expenditures in
support of or in opposition to the campaign of a particular
public official or candidate in an aggregate amount of more
than (i) $250,000 for statewide office or (ii) $100,000 for
all other elective offices in an election cycle, then the
Board shall, within 2 business days after discovering the
independent expenditures that, in the aggregate, exceed the
threshold set forth in (i) and (ii) of this subsection, post
notice of this fact on the Board's website and give official
notice to each candidate for the same office as the public
official or candidate for whose benefit or detriment the
independent expenditures were made. Notice shall be sent via

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first class mail to the candidate and the treasurer of the
candidate's committee. Notice shall also be sent by e-mail to
the candidate and the treasurer of the candidate's committee
if the candidate and the treasurer, as applicable, have
provided the Board with an e-mail address. Upon posting of the
notice on the Board's website, all candidates of that office
in that election, including the public official or candidate
for whose benefit or detriment the independent expenditures
were made, may accept contributions in excess of any
contribution limits imposed by subsection (b).
(h-15) Notwithstanding any other provision of law, a
foreign national may not make, directly or indirectly, a
contribution to a ballot initiative committee or an
independent expenditure committee for the purpose of
influencing any question of public policy to be submitted to
the voters, and neither a ballot initiative committee nor an
independent expenditure committee may knowingly solicit or
accept a contribution from a foreign national for the purpose
of influencing any question of public policy to be submitted
to the voters. Additionally, a foreign national may not make
an independent expenditure for the purpose of influencing any
question of public policy to be submitted to the voters. As
used in this subsection, "foreign national" means a foreign
national as defined in 52 U.S.C. 30121(b) and an entity with
respect to which a foreign national holds, owns, controls, or
otherwise has direct or indirect beneficial ownership of 50%

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or more of the total equity, outstanding voting shares,
membership units, or other applicable ownership interests.
(i) For the purposes of this Section, a corporation, labor
organization, association, or a political action committee
established by a corporation, labor organization, or
association may act as a conduit in facilitating the delivery
to a political action committee of contributions made through
dues, levies, or similar assessments and the political action
committee may report the contributions in the aggregate,
provided that: (i) contributions made through dues, levies, or
similar assessments paid by any natural person, corporation,
labor organization, or association in a calendar year may not
exceed the limits set forth in this Section; (ii) the
corporation, labor organization, association, or a political
action committee established by a corporation, labor
organization, or association facilitating the delivery of
contributions maintains a list of natural persons,
corporations, labor organizations, and associations that paid
the dues, levies, or similar assessments from which the
contributions comprising the aggregate amount derive; and
(iii) contributions made through dues, levies, or similar
assessments paid by any natural person, corporation, labor
organization, or association that exceed $1,000 in a quarterly
reporting period shall be itemized on the committee's
quarterly report and may not be reported in the aggregate. A
political action committee facilitating the delivery of

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contributions or receiving contributions shall disclose the
amount of contributions made through dues delivered or
received and the name of the corporation, labor organization,
association, or political action committee delivering the
contributions, if applicable. On January 1 of each
odd-numbered year, the State Board of Elections shall adjust
the amounts of the contribution limitations established in
this subsection for inflation as determined by the Consumer
Price Index for All Urban Consumers as issued by the United
States Department of Labor and rounded to the nearest $100.
The State Board shall publish this information on its official
website.
(j) A political committee that receives a contribution or
transfer in violation of this Section shall dispose of the
contribution or transfer by returning the contribution or
transfer, or an amount equal to the contribution or transfer,
to the contributor or transferor or donating the contribution
or transfer, or an amount equal to the contribution or
transfer, to a charity. A contribution or transfer received in
violation of this Section that is not disposed of as provided
in this subsection within 30 days after the Board sends
notification to the political committee of the excess
contribution by certified mail shall escheat to the General
Revenue Fund and the political committee shall be deemed in
violation of this Section and subject to a civil penalty not to
exceed 150% of the total amount of the contribution.

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(k) For the purposes of this Section, "statewide office"
means the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
(l) This Section is repealed if and when the United States
Supreme Court invalidates contribution limits on committees
formed to assist candidates, political parties, corporations,
associations, or labor organizations established by or
pursuant to federal law.
(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21;
102-909, eff. 5-27-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.