101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2998

 

Introduced , by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-8.5

    Amends the Election Code. Removes a provision that provides that the State Board of Elections shall adjust the amounts of the contribution limits for inflation.


LRB101 04990 SMS 49999 b

 

 

A BILL FOR

 

HB2998LRB101 04990 SMS 49999 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
59-8.5 as follows:
 
6    (10 ILCS 5/9-8.5)
7    Sec. 9-8.5. Limitations on campaign contributions.
8    (a) It is unlawful for a political committee to accept
9contributions except as provided in this Section.
10    (b) During an election cycle, a candidate political
11committee may not accept contributions with an aggregate value
12over the following: (i) $5,000 from any individual, (ii)
13$10,000 from any corporation, labor organization, or
14association, or (iii) $50,000 from a candidate political
15committee or political action committee. A candidate political
16committee may accept contributions in any amount from a
17political party committee except during an election cycle in
18which the candidate seeks nomination at a primary election.
19During an election cycle in which the candidate seeks
20nomination at a primary election, a candidate political
21committee may not accept contributions from political party
22committees with an aggregate value over the following: (i)
23$200,000 for a candidate political committee established to

 

 

HB2998- 2 -LRB101 04990 SMS 49999 b

1support a candidate seeking nomination to statewide office,
2(ii) $125,000 for a candidate political committee established
3to support a candidate seeking nomination to the Senate, the
4Supreme Court or Appellate Court in the First Judicial
5District, or an office elected by all voters in a county with
61,000,000 or more residents, (iii) $75,000 for a candidate
7political committee established to support a candidate seeking
8nomination to the House of Representatives, the Supreme Court
9or Appellate Court for a Judicial District other than the First
10Judicial District, an office elected by all voters of a county
11of fewer than 1,000,000 residents, and municipal and county
12offices in Cook County other than those elected by all voters
13of Cook County, and (iv) $50,000 for a candidate political
14committee established to support the nomination of a candidate
15to any other office. A candidate political committee
16established to elect a candidate to the General Assembly may
17accept contributions from only one legislative caucus
18committee. A candidate political committee may not accept
19contributions from a ballot initiative committee or from an
20independent expenditure committee.
21    (c) During an election cycle, a political party committee
22may not accept contributions with an aggregate value over the
23following: (i) $10,000 from any individual, (ii) $20,000 from
24any corporation, labor organization, or association, or (iii)
25$50,000 from a political action committee. A political party
26committee may accept contributions in any amount from another

 

 

HB2998- 3 -LRB101 04990 SMS 49999 b

1political party committee or a candidate political committee,
2except as provided in subsection (c-5). Nothing in this Section
3shall limit the amounts that may be transferred between a
4political party committee established under subsection (a) of
5Section 7-8 of this Code and an affiliated federal political
6committee established under the Federal Election Code by the
7same political party. A political party committee may not
8accept contributions from a ballot initiative committee or from
9an independent expenditure committee. A political party
10committee established by a legislative caucus may not accept
11contributions from another political party committee
12established by a legislative caucus.
13    (c-5) During the period beginning on the date candidates
14may begin circulating petitions for a primary election and
15ending on the day of the primary election, a political party
16committee may not accept contributions with an aggregate value
17over $50,000 from a candidate political committee or political
18party committee. A political party committee may accept
19contributions in any amount from a candidate political
20committee or political party committee if the political party
21committee receiving the contribution filed a statement of
22nonparticipation in the primary as provided in subsection
23(c-10). The Task Force on Campaign Finance Reform shall study
24and make recommendations on the provisions of this subsection
25to the Governor and General Assembly by September 30, 2012.
26This subsection becomes inoperative on July 1, 2013 and

 

 

HB2998- 4 -LRB101 04990 SMS 49999 b

1thereafter no longer applies.
2    (c-10) A political party committee that does not intend to
3make contributions to candidates to be nominated at a general
4primary election or consolidated primary election may file a
5Statement of Nonparticipation in a Primary Election with the
6Board. The Statement of Nonparticipation shall include a
7verification signed by the chairperson and treasurer of the
8committee that (i) the committee will not make contributions or
9coordinated expenditures in support of or opposition to a
10candidate or candidates to be nominated at the general primary
11election or consolidated primary election (select one) to be
12held on (insert date), (ii) the political party committee may
13accept unlimited contributions from candidate political
14committees and political party committees, provided that the
15political party committee does not make contributions to a
16candidate or candidates to be nominated at the primary
17election, and (iii) failure to abide by these requirements
18shall deem the political party committee in violation of this
19Article and subject the committee to a fine of no more than
20150% of the total contributions or coordinated expenditures
21made by the committee in violation of this Article. This
22subsection becomes inoperative on July 1, 2013 and thereafter
23no longer applies.
24    (d) During an election cycle, a political action committee
25may not accept contributions with an aggregate value over the
26following: (i) $10,000 from any individual, (ii) $20,000 from

 

 

HB2998- 5 -LRB101 04990 SMS 49999 b

1any corporation, labor organization, political party
2committee, or association, or (iii) $50,000 from a political
3action committee or candidate political committee. A political
4action committee may not accept contributions from a ballot
5initiative committee or from an independent expenditure
6committee.
7    (e) A ballot initiative committee may accept contributions
8in any amount from any source, provided that the committee
9files the document required by Section 9-3 of this Article and
10files the disclosure reports required by the provisions of this
11Article.
12    (e-5) An independent expenditure committee may accept
13contributions in any amount from any source, provided that the
14committee files the document required by Section 9-3 of this
15Article and files the disclosure reports required by the
16provisions of this Article.
17    (f) Nothing in this Section shall prohibit a political
18committee from dividing the proceeds of joint fundraising
19efforts; provided that no political committee may receive more
20than the limit from any one contributor, and provided that an
21independent expenditure committee may not conduct joint
22fundraising efforts with a candidate political committee or a
23political party committee.
24    (g) (Blank). On January 1 of each odd-numbered year, the
25State Board of Elections shall adjust the amounts of the
26contribution limitations established in this Section for

 

 

HB2998- 6 -LRB101 04990 SMS 49999 b

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

 

 

HB2998- 7 -LRB101 04990 SMS 49999 b

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

 

 

HB2998- 8 -LRB101 04990 SMS 49999 b

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

 

 

HB2998- 9 -LRB101 04990 SMS 49999 b

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

 

 

HB2998- 10 -LRB101 04990 SMS 49999 b

1corporations, labor organizations, and associations that paid
2the dues, levies, or similar assessments from which the
3contributions comprising the aggregate amount derive; and
4(iii) contributions made through dues, levies, or similar
5assessments paid by any natural person, corporation, labor
6organization, or association that exceed $500 in a quarterly
7reporting period shall be itemized on the committee's quarterly
8report and may not be reported in the aggregate. A political
9action committee facilitating the delivery of contributions or
10receiving contributions shall disclose the amount of
11contributions made through dues delivered or received and the
12name of the corporation, labor organization, association, or
13political action committee delivering the contributions, if
14applicable. On January 1 of each odd-numbered year, the State
15Board of Elections shall adjust the amounts of the contribution
16limitations established in this subsection for inflation as
17determined by the Consumer Price Index for All Urban Consumers
18as issued by the United States Department of Labor and rounded
19to the nearest $100. The State Board shall publish this
20information on its official website.
21    (j) A political committee that receives a contribution or
22transfer in violation of this Section shall dispose of the
23contribution or transfer by returning the contribution or
24transfer, or an amount equal to the contribution or transfer,
25to the contributor or transferor or donating the contribution
26or transfer, or an amount equal to the contribution or

 

 

HB2998- 11 -LRB101 04990 SMS 49999 b

1transfer, to a charity. A contribution or transfer received in
2violation of this Section that is not disposed of as provided
3in this subsection within 30 days after the Board sends
4notification to the political committee of the excess
5contribution by certified mail shall escheat to the General
6Revenue Fund and the political committee shall be deemed in
7violation of this Section and subject to a civil penalty not to
8exceed 150% of the total amount of the contribution.
9    (k) For the purposes of this Section, "statewide office"
10means the Governor, Lieutenant Governor, Attorney General,
11Secretary of State, Comptroller, and Treasurer.
12    (l) This Section is repealed if and when the United States
13Supreme Court invalidates contribution limits on committees
14formed to assist candidates, political parties, corporations,
15associations, or labor organizations established by or
16pursuant to federal law.
17(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)