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1 | | public funds to be used to subsidize campaigns for candidates |
2 | | for judicial office in exchange for voluntary adherence by |
3 | | those campaigns to specified expenditure limitations. In |
4 | | conducting its study, the Task Force shall consider whether |
5 | | implementing such a system of public financing is in the best |
6 | | interest of the State. The Task Force may propose one or more |
7 | | funding sources for the public financing of judicial |
8 | | elections, including, but not limited to, fines, voluntary |
9 | | contributions, surcharges on lobbying activities, and a |
10 | | whistleblower fund. The Task Force shall consider the |
11 | | following factors: |
12 | | (1) the amount of funds raised by past candidates for |
13 | | judicial office; |
14 | | (2) the amount of funds expended by past candidates |
15 | | for judicial office; |
16 | | (3) the disparity in the amount of funds raised by |
17 | | candidates for judicial office of different political |
18 | | parties; |
19 | | (4) the amount of funds expended with respect to |
20 | | campaigns for judicial office by entities not affiliated |
21 | | with a candidate; |
22 | | (5) the amount of money contributed to or expended by |
23 | | a committee of a political party to promote a candidate |
24 | | for judicial office; |
25 | | (6) jurisprudence concerning campaign finance and |
26 | | public financing of political campaigns, both for judicial |
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1 | | office and generally; and |
2 | | (7) any other factors that the Task Force determines |
3 | | are related to the public financing of elections in this |
4 | | State. |
5 | | The Task Force shall also suggest changes to current law |
6 | | that would be necessary to facilitate public financing of |
7 | | candidates for judicial office. |
8 | | (c) The Task Force shall complete its study no later than |
9 | | June 30, 2023 and shall report its findings to the Governor and |
10 | | the General Assembly as soon as possible after the study is |
11 | | complete. |
12 | | (d) The Members shall serve without compensation. If a |
13 | | vacancy occurs on the Task Force, it shall be filled according |
14 | | to the guidelines of the initial appointment. |
15 | | (e) The State Board of Elections shall provide staff and |
16 | | administrative support to the Task Force. |
17 | | (f) As used in this Section, "judicial office" means |
18 | | nomination, election, or retention to the Supreme Court, the |
19 | | Appellate Court, or the Circuit Court. |
20 | | (g) This Section is repealed on July 1, 2024. |
21 | | (10 ILCS 5/9-8.5) |
22 | | Sec. 9-8.5. Limitations on campaign contributions. |
23 | | (a) It is unlawful for a political committee to accept |
24 | | contributions except as provided in this Section. |
25 | | (b) During an election cycle, a candidate political |
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1 | | committee may not accept contributions with an aggregate value |
2 | | over the following: (i) $5,000 from any individual, (ii) |
3 | | $10,000 from any corporation, labor organization, or |
4 | | association, or (iii) $50,000 from a candidate political |
5 | | committee or political action committee. A candidate political |
6 | | committee may accept contributions in any amount from a |
7 | | political party committee except during an election cycle in |
8 | | which the candidate seeks nomination at a primary election. |
9 | | During an election cycle in which the candidate seeks |
10 | | nomination at a primary election, a candidate political |
11 | | committee may not accept contributions from political party |
12 | | committees with an aggregate value over the following: (i) |
13 | | $200,000 for a candidate political committee established to |
14 | | support a candidate seeking nomination to statewide office, |
15 | | (ii) $125,000 for a candidate political committee established |
16 | | to support a candidate seeking nomination to the Senate, the |
17 | | Supreme Court or Appellate Court in the First Judicial |
18 | | District, or an office elected by all voters in a county with |
19 | | 1,000,000 or more residents, (iii) $75,000 for a candidate |
20 | | political committee established to support a candidate seeking |
21 | | nomination to the House of Representatives, the Supreme Court |
22 | | or Appellate Court for a Judicial District other than the |
23 | | First Judicial District, an office elected by all voters of a |
24 | | county of fewer than 1,000,000 residents, and municipal and |
25 | | county offices in Cook County other than those elected by all |
26 | | voters of Cook County, and (iv) $50,000 for a candidate |
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1 | | political committee established to support the nomination of a |
2 | | candidate to any other office.
A candidate political committee |
3 | | established to elect a candidate to the General Assembly may |
4 | | accept contributions from only one legislative caucus |
5 | | committee. A candidate political committee may not accept |
6 | | contributions from a ballot initiative committee or from an
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7 | | independent expenditure committee. |
8 | | (b-5) Judicial elections. |
9 | | (1) In addition to any other provision of this |
10 | | Section, a candidate political committee established to |
11 | | support or oppose a candidate seeking nomination to the |
12 | | Supreme Court, Appellate Court, or Circuit Court may not: |
13 | | (A) accept contributions from any entity that does |
14 | | not disclose the identity of those who make |
15 | | contributions to the entity, except for contributions |
16 | | that are not required to be itemized by this Code; or |
17 | | (B) accept contributions from any out-of-state |
18 | | person, as defined in this Article. |
19 | | (1.1) In addition to any other provision of this |
20 | | Section, a political committee that is self-funding, as |
21 | | described in subsection (h) of this Section, and is |
22 | | established to support or oppose a candidate seeking |
23 | | nomination, election, or retention to the Supreme Court, |
24 | | the Appellate Court, or the Circuit Court may not accept |
25 | | contributions from any single person, other than the |
26 | | judicial candidate or the candidate's immediate family, in |
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1 | | a cumulative amount that exceeds $500,000 in any election |
2 | | cycle. Any contribution in excess of the limits in this |
3 | | paragraph (1.1) shall escheat to the State of Illinois. |
4 | | Any political committee that receives such a contribution |
5 | | shall immediately forward the amount that exceeds $500,000 |
6 | | to the State Treasurer who shall deposit the funds into |
7 | | the State Treasury. |
8 | | (1.2) In addition to any other provision of this |
9 | | Section, an independent expenditure committee established |
10 | | to support or oppose a candidate seeking nomination, |
11 | | election, or retention to the Supreme Court, the Appellate |
12 | | Court, or the Circuit Court may not accept contributions |
13 | | from any single person in a cumulative amount that exceeds |
14 | | $500,000 in any election cycle. Any contribution in excess |
15 | | of the limits in this paragraph (1.2) shall escheat to the |
16 | | State of Illinois. Any independent expenditure committee |
17 | | that receives such a contribution shall immediately |
18 | | forward the amount that exceeds $500,000 to the State |
19 | | Treasurer who shall deposit the funds into the State |
20 | | Treasury. |
21 | | (1.3) In addition to any other provision of this |
22 | | Section, if a political committee established to support |
23 | | or oppose a candidate seeking nomination, election, or |
24 | | retention to the Supreme Court, the Appellate Court, or |
25 | | the Circuit Court receives a contribution in excess of |
26 | | $500 from: (i) any committee that is not required to |
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1 | | disclose its contributors under this Act; (ii) any |
2 | | association that is not required to disclose its |
3 | | contributors under this Act; or (iii) any other |
4 | | organization or group of persons that is not required to |
5 | | disclose its contributors under this Act, then that |
6 | | contribution shall be considered an anonymous contribution |
7 | | that shall escheat to the State, unless the political |
8 | | committee reports to the State Board of Elections all |
9 | | persons who have contributed in excess of $500 during the |
10 | | same election cycle to the committee, association, |
11 | | organization, or group making the contribution. Any |
12 | | political committee that receives such a contribution and |
13 | | fails to report this information shall forward the |
14 | | contribution amount immediately to the State Treasurer who |
15 | | shall deposit the funds into the State Treasury. |
16 | | (2) As used in this subsection, "contribution" has the |
17 | | meaning provided in Section 9-1.4 and also includes the |
18 | | following that are subject to the limits of this Section: |
19 | | (A) expenditures made by any person in concert or |
20 | | cooperation with, or at the request or suggestion of, |
21 | | a candidate, his or her designated committee, or their |
22 | | agents; and |
23 | | (B) the financing by any person of the |
24 | | dissemination, distribution, or republication, in |
25 | | whole or in part, of any broadcast or any written, |
26 | | graphic, or other form of campaign materials prepared |
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1 | | by the candidate, his or her campaign committee, or |
2 | | their designated agents. |
3 | | (3) As to contributions to a candidate political |
4 | | committee established to support a candidate seeking |
5 | | nomination to the Supreme Court, Appellate Court, or |
6 | | Circuit Court: |
7 | | (A) No person shall make a contribution in the |
8 | | name of another person or knowingly permit his or her |
9 | | name to be used to effect such a contribution. |
10 | | (B) No person shall knowingly accept a |
11 | | contribution made by one person in the name of another |
12 | | person. |
13 | | (C) No person shall knowingly accept reimbursement |
14 | | from another person for a contribution made in his or |
15 | | her own name. |
16 | | (D) No person shall make an anonymous |
17 | | contribution. |
18 | | (E) No person shall knowingly accept any anonymous |
19 | | contribution. |
20 | | (F) No person shall predicate (1) any benefit, |
21 | | including, but not limited to, employment decisions, |
22 | | including hiring, promotions, bonus compensation, and |
23 | | transfers, or (2) any other gift, transfer, or |
24 | | emolument upon: |
25 | | (i) the decision by the recipient of that |
26 | | benefit to donate or not to donate to a candidate; |
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1 | | or |
2 | | (ii) the amount of any such donation. |
3 | | (4) No judicial candidate or political committee |
4 | | established to support a candidate seeking nomination to |
5 | | the Supreme Court, Appellate Court, or Circuit Court shall |
6 | | knowingly accept any contribution or make any expenditure |
7 | | in violation of the provisions of this Section. No officer |
8 | | or employee of a political committee established to |
9 | | support a candidate seeking nomination to the Supreme |
10 | | Court, Appellate Court, or Circuit Court shall knowingly |
11 | | accept a contribution made for the benefit or use of a |
12 | | candidate or knowingly make any expenditure in support of |
13 | | or opposition to a candidate or for electioneering |
14 | | communications in relation to a candidate in violation of |
15 | | any limitation designated for contributions and |
16 | | expenditures under this Section. |
17 | | (5) Where the provisions of this subsection (b-5) |
18 | | conflict with any other provision of this Code, this |
19 | | subsection (b-5) shall control. |
20 | | (c) During an election cycle, a political party committee |
21 | | may not accept contributions with an aggregate value over the |
22 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
23 | | any corporation, labor organization, or association, or (iii) |
24 | | $50,000 from a political action committee. A political party |
25 | | committee may accept contributions in any amount from another |
26 | | political party committee or a candidate political committee, |
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1 | | except as provided in subsection (c-5). Nothing in this |
2 | | Section shall limit the amounts that may be transferred |
3 | | between a political party committee established under |
4 | | subsection (a) of Section 7-8 of this Code and an affiliated |
5 | | federal political committee established under the Federal |
6 | | Election Code by the same political party. A political party |
7 | | committee may not accept contributions from a ballot |
8 | | initiative committee or from an
independent expenditure |
9 | | committee. A political party committee established by a |
10 | | legislative caucus may not accept contributions from another |
11 | | political party committee established by a legislative caucus. |
12 | | (c-5) During the period beginning on the date candidates |
13 | | may begin circulating petitions for a primary election and |
14 | | ending on the day of the primary election, a political party |
15 | | committee may not accept contributions with an aggregate value |
16 | | over $50,000 from a candidate political committee or political |
17 | | party committee. A political party committee may accept |
18 | | contributions in any amount from a candidate political |
19 | | committee or political party committee if the political party |
20 | | committee receiving the contribution filed a statement of |
21 | | nonparticipation in the primary as provided in subsection |
22 | | (c-10). The Task Force on Campaign Finance Reform shall study |
23 | | and make recommendations on the provisions of this subsection |
24 | | to the Governor and General Assembly by September 30, 2012. |
25 | | This subsection becomes inoperative on July 1, 2013 and |
26 | | thereafter no longer applies. |
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1 | | (c-10) A political party committee that does not intend to |
2 | | make contributions to candidates to be nominated at a general |
3 | | primary election or consolidated primary election may file a |
4 | | Statement of Nonparticipation in a Primary Election with the |
5 | | Board. The Statement of Nonparticipation shall include a |
6 | | verification signed by the chairperson and treasurer of the |
7 | | committee that (i) the committee will not make contributions |
8 | | or coordinated expenditures in support of or opposition to a |
9 | | candidate or candidates to be nominated at the general primary |
10 | | election or consolidated primary election (select one) to be |
11 | | held on (insert date), (ii) the political party committee may |
12 | | accept unlimited contributions from candidate political |
13 | | committees and political party committees, provided that the |
14 | | political party committee does not make contributions to a |
15 | | candidate or candidates to be nominated at the primary |
16 | | election, and (iii) failure to abide by these requirements |
17 | | shall deem the political party committee in violation of this |
18 | | Article and subject the committee to a fine of no more than |
19 | | 150% of the total contributions or coordinated expenditures |
20 | | made by the committee in violation of this Article. This |
21 | | subsection becomes inoperative on July 1, 2013 and thereafter |
22 | | no longer applies. |
23 | | (d) During an election cycle, a political action committee |
24 | | may not accept contributions with an aggregate value over the |
25 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
26 | | any corporation, labor organization, political party |
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1 | | committee, or association, or (iii) $50,000 from a political |
2 | | action committee or candidate political committee. A political |
3 | | action committee may not accept contributions from a ballot |
4 | | initiative committee or from an
independent expenditure |
5 | | committee. |
6 | | (e) A ballot initiative committee may accept contributions |
7 | | in any amount from any source, provided that the committee |
8 | | files the document required by Section 9-3 of this Article and |
9 | | files the disclosure reports required by the provisions of |
10 | | this Article. |
11 | | (e-5) An independent expenditure committee may accept |
12 | | contributions in any amount from any source, provided that the |
13 | | committee files the document required by Section 9-3 of this |
14 | | Article and files the disclosure reports required by the |
15 | | provisions of this Article. |
16 | | (e-10) A limited activity committee shall not accept |
17 | | contributions, except that the officer or a candidate the |
18 | | committee has designated to support may contribute personal |
19 | | funds in order to pay for maintenance expenses. A limited |
20 | | activity committee may only make expenditures that are: (i) |
21 | | necessary for maintenance of the committee; (ii) for rent or |
22 | | lease payments until the end of the lease in effect at the time |
23 | | the officer or candidate is confirmed by the Senate; (iii) |
24 | | contributions to 501(c)(3) charities; or (iv) returning |
25 | | contributions to original contributors. |
26 | | (f) Nothing in this Section shall prohibit a political |
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1 | | committee from dividing the proceeds of joint fundraising |
2 | | efforts; provided that no political committee may receive more |
3 | | than the limit from any one contributor, and provided that an |
4 | | independent
expenditure committee may not conduct joint |
5 | | fundraising efforts with a
candidate political committee or a |
6 | | political party committee. |
7 | | (g) On January 1 of each odd-numbered year, the State |
8 | | Board of Elections shall adjust the amounts of the |
9 | | contribution limitations established in this Section for |
10 | | inflation as determined by the Consumer Price Index for All |
11 | | Urban Consumers as issued by the United States Department of |
12 | | Labor and rounded to the nearest $100. The State Board shall |
13 | | publish this information on its official website. |
14 | | (h) Self-funding candidates. If a public official, a |
15 | | candidate, or the public official's or candidate's immediate |
16 | | family contributes or loans to the public official's or |
17 | | candidate's political committee or to other political |
18 | | committees that transfer funds to the public official's or |
19 | | candidate's political committee or makes independent |
20 | | expenditures for the benefit of the public official's or |
21 | | candidate's campaign during the 12 months prior to an election |
22 | | in an aggregate amount of more than (i) $250,000 for statewide |
23 | | office or (ii) $100,000 for all other elective offices, then |
24 | | the public official or candidate shall file with the State |
25 | | Board of Elections, within one day, a Notification of |
26 | | Self-funding that shall detail each contribution or loan made |
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1 | | by the public official, the candidate, or the public |
2 | | official's or candidate's immediate family. Within 2 business |
3 | | days after the filing of a Notification of Self-funding, the |
4 | | notification shall be posted on the Board's website and the |
5 | | Board shall give official notice of the filing to each |
6 | | candidate for the same office as the public official or |
7 | | candidate making the filing, including the public official or |
8 | | candidate filing the Notification of Self-funding. Notice |
9 | | shall be sent via first class mail to the candidate and the |
10 | | treasurer of the candidate's committee. Notice shall also be |
11 | | sent by e-mail to the candidate and the treasurer of the |
12 | | candidate's committee if the candidate and the treasurer, as |
13 | | applicable, have provided the Board with an e-mail address. |
14 | | Upon posting of the notice on the Board's website, all |
15 | | candidates for that office, including the public official or |
16 | | candidate who filed a Notification of Self-funding, shall be |
17 | | permitted to accept contributions in excess of any |
18 | | contribution limits imposed by subsection (b). If a public |
19 | | official or candidate filed a Notification of Self-funding |
20 | | during an election cycle that includes a general primary |
21 | | election or consolidated primary election and that public |
22 | | official or candidate is nominated, all candidates for that |
23 | | office, including the nominee who filed the notification of |
24 | | self-funding, shall be permitted to accept contributions in |
25 | | excess of any contribution limit imposed by subsection (b) for |
26 | | the subsequent election cycle. For the purposes of this |
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1 | | subsection, "immediate family" means the spouse, parent, or |
2 | | child of a public official or candidate. |
3 | | (h-5) If a natural person or independent expenditure |
4 | | committee makes independent expenditures in support of or in |
5 | | opposition to the campaign of a particular public official or |
6 | | candidate in an aggregate amount of more than (i) $250,000 for |
7 | | statewide office or (ii) $100,000 for all other elective |
8 | | offices in an election cycle, as reported in a written |
9 | | disclosure filed under subsection (a) of Section 9-8.6 or |
10 | | subsection (e-5) of Section 9-10, then the State Board of |
11 | | Elections shall, within 2 business days after the filing of |
12 | | the disclosure, post the disclosure on the Board's website and |
13 | | give official notice of the disclosure to each candidate for |
14 | | the same office as the public official or candidate for whose |
15 | | benefit or detriment the natural person or independent |
16 | | expenditure committee made independent expenditures. Upon |
17 | | posting of the notice on the Board's website, all candidates |
18 | | for that office in that election, including the public |
19 | | official or candidate for whose benefit or detriment the |
20 | | natural person or independent expenditure committee made |
21 | | independent expenditures, shall be permitted to accept |
22 | | contributions in excess of any contribution limits imposed by |
23 | | subsection (b). |
24 | | (h-10) If the State Board of Elections receives |
25 | | notification or determines that a natural person or persons, |
26 | | an independent expenditure committee or committees, or |
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1 | | combination thereof has made independent expenditures in |
2 | | support of or in opposition to the campaign of a particular |
3 | | public official or candidate in an aggregate amount of more |
4 | | than (i) $250,000 for statewide office or (ii) $100,000 for |
5 | | all other elective offices in an election cycle, then the |
6 | | Board shall, within 2 business days after discovering the |
7 | | independent expenditures that, in the aggregate, exceed the |
8 | | threshold set forth in (i) and (ii) of this subsection, post |
9 | | notice of this fact on the Board's website and give official |
10 | | notice to each candidate for the same office as the public |
11 | | official or candidate for whose benefit or detriment the |
12 | | independent expenditures were made. Notice shall be sent via |
13 | | first class mail to the candidate and the treasurer of the |
14 | | candidate's committee. Notice shall also be sent by e-mail to |
15 | | the candidate and the treasurer of the candidate's committee |
16 | | if the candidate and the treasurer, as applicable, have |
17 | | provided the Board with an e-mail address. Upon posting of the |
18 | | notice on the Board's website, all candidates of that office |
19 | | in that election, including the public official or candidate |
20 | | for whose benefit or detriment the independent expenditures |
21 | | were made, may accept contributions in excess of any |
22 | | contribution limits imposed by subsection (b). |
23 | | (i) For the purposes of this Section, a corporation, labor |
24 | | organization, association, or a political action committee |
25 | | established by a corporation, labor organization, or |
26 | | association may act as a conduit in facilitating the delivery |
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1 | | to a political action committee of contributions made through |
2 | | dues, levies, or similar assessments and the political action |
3 | | committee may report the contributions in the aggregate, |
4 | | provided that: (i) contributions made through dues, levies, or |
5 | | similar assessments paid by any natural person, corporation, |
6 | | labor organization, or association in a calendar year may not |
7 | | exceed the limits set forth in this Section; (ii) the |
8 | | corporation, labor organization, association, or a political |
9 | | action committee established by a corporation, labor |
10 | | organization, or association facilitating the delivery of |
11 | | contributions maintains a list of natural persons, |
12 | | corporations, labor organizations, and associations that paid |
13 | | the dues, levies, or similar assessments from which the |
14 | | contributions comprising the aggregate amount derive; and |
15 | | (iii) contributions made through dues, levies, or similar |
16 | | assessments paid by any natural person, corporation, labor |
17 | | organization, or association that exceed $1,000 in a quarterly |
18 | | reporting period shall be itemized on the committee's |
19 | | quarterly report and may not be reported in the aggregate. A |
20 | | political action committee facilitating the delivery of |
21 | | contributions or receiving contributions shall disclose the |
22 | | amount of contributions made through dues delivered or |
23 | | received and the name of the corporation, labor organization, |
24 | | association, or political action committee delivering the |
25 | | contributions, if applicable. On January 1 of each |
26 | | odd-numbered year, the State Board of Elections shall adjust |
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1 | | the amounts of the contribution limitations established in |
2 | | this subsection for inflation as determined by the Consumer |
3 | | Price Index for All Urban Consumers as issued by the United |
4 | | States Department of Labor and rounded to the nearest $100. |
5 | | The State Board shall publish this information on its official |
6 | | website. |
7 | | (j) A political committee that receives a contribution or |
8 | | transfer in violation of this Section shall dispose of the |
9 | | contribution or transfer by returning the contribution or |
10 | | transfer, or an amount equal to the contribution or transfer, |
11 | | to the contributor or transferor or donating the contribution |
12 | | or transfer, or an amount equal to the contribution or |
13 | | transfer, to a charity. A contribution or transfer received in |
14 | | violation of this Section that is not disposed of as provided |
15 | | in this subsection within 30 days after the Board sends |
16 | | notification to the political committee of the excess |
17 | | contribution by certified mail shall escheat to the General |
18 | | Revenue Fund and the political committee shall be deemed in |
19 | | violation of this Section and subject to a civil penalty not to |
20 | | exceed 150% of the total amount of the contribution. |
21 | | (k) For the purposes of this Section, "statewide office" |
22 | | means the Governor, Lieutenant Governor, Attorney General, |
23 | | Secretary of State, Comptroller, and Treasurer. |
24 | | (l) This Section is repealed if and when the United States |
25 | | Supreme Court invalidates contribution limits on committees |
26 | | formed to assist candidates, political parties, corporations, |