HB0743 94TH GENERAL ASSEMBLY

LRB094 06367 JAM 36448 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0743

Introduced 2/1/2005, by Rep. Elizabeth Coulson

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-2.5 new
10 ILCS 5/9-8.5 new
10 ILCS 5/9-29 new

Amends the Election Code. Limits public officials and candidates to one political committee per office held or sought. Permits exploratory committees. Permits each legislative leader to have one caucus political committee. Sets limits on contributions that a political committee may receive from individuals, non-person entities, caucus committees, other political committees, and party committees. Prohibits a non-person entity from making contributions or expanding funds in relation to a candidate except through its designated recipient committee. Authorizes a political party to designate a party committee that may receive a limited amount of contributions. Makes exceptions to the limits with respect to candidates facing opponents using personal funds and with respect to transfers by political committees. Authorizes the State Board of Elections to assess penalties against contributors and recipients for violations of the contribution restrictions. Authorizes the State Board, upon the affirmative vote of 4 of its members, to audit a political committee's records.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Sections 9-2.5, 9-8.5, and 9-29 as follows:

(10 ILCS 5/9-2.5 new)

Sec. 9-2.5. Single political committee.

(a) No public official or candidate for public office may establish more than one political committee for each office that public official or candidate occupies or is seeking.

(b) A public official with committees bound by the limits of Section 9-8.5(b) considering a candidacy for an office covered by the limits of Section 9-8.5(c) must form a new committee, to be termed an exploratory committee. A pre-existing committee created for the primary purpose of aiding that candidate's election to other offices that ceases all fundraising after the creation of an exploratory committee may transfer funds without limit to an exploratory committee, but an exploratory committee may not transfer funds to that candidate's pre-existing committees. Should the candidate decide against running for the new office, fail to qualify for the ballot at the next election, or lose the next election, any remaining funds held by the exploratory committee shall be returned to contributors or donated to charity, and the committee closed, within 90 days.

(c) The public officials elected President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, and Minority Leader of the House of Representatives may each establish and operate one additional political committee for the purpose of supporting the election of candidates to the General Assembly. The committees provided for in this subsection (c) shall not be considered established by the President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, and Minority Leader of the House of Representatives for purposes of Section 9-8.5.

(10 ILCS 5/9-8.5 new)

Sec. 9-8.5. Contribution and transfer limits.

(a) As used in this Section:

(1) "Direct contribution" means a monetary donation, transfer of funds, or loan. "Direct contribution" does not include the value of an individual person's time.

(2) "In-kind contribution" means a gift of goods or services.

(3) "Contributor" means any natural person, or other entity together with its affiliates, making a contribution to a political committee. The State Board of Elections shall by rule determine what it means to be an "affiliate" of a contributing entity, considering such factors as common ownership, leadership, membership, and donor base. Married couples and other natural persons sharing a bank account may each give up to the limit, even though their contributions may be drawn on the same account.

(4) "Primary election period" means the period that begins July 1 of an odd-numbered year and ends the day of the next primary election.

(5) "General election period" means the period that begins the day after a primary election and ends June 30 of the next odd-numbered year.

(6) "Non-itemized individual receipts" means contributions reported according to Section 9-11(5) of this Code.

(7) "Non-person" means any entity other than a natural person.

(8) "Local election calendar" means the period starting the day after a consolidated election and ending on the day of the next consolidated election.

(b) Unless explicitly authorized by this Section, no political committee may accept contributions that, in aggregate during either the primary election period or the general election period, exceed:

(1) $1,500 in direct and in-kind contributions from any individual, corporation, union, or association, or the Recipient Committee designated by that corporation, union, or association;

(2) $5,000 in direct and in-kind contributions from any other political committee;

(3) $20,000 in direct and in-kind contributions from any Caucus Committee, if the political committee was established primarily to support a candidate for legislative office; or

(4) $20,000 in direct and in-kind contributions from any Party Committee; provided that no committee may accept contributions from more than one Party Committee.

(c) Unless explicitly authorized by this Section, no political committees established for the primary purpose of supporting a candidate for statewide office may accept contributions that, in aggregate during either the primary election period or the general election period, exceed:

(1) $3,000 in direct and in-kind contributions from any individual, corporation, union, or association, or the Recipient Committee designated by that corporation, union, or association;

(2) $5,000 in direct and in-kind contributions from any political committee; or

(3) $25,000 in direct contributions and $100,000 in in-kind contributions from any Party Committee; provided that no committee may accept contributions from more than one Party Committee.

(d) No corporation, union, association, or other non-person may contribute to a political committee or spend funds in relation to a candidate except through a Recipient Committee. Recipient Committees may accept funds directly from the corporation, union, association, or other non-person without limit. No corporation, union, association, or non-person may designate more than one Recipient Committee.

(e) Political parties may designate a Party Committee to accept direct and in-kind contributions that, in aggregate, do not exceed $10,000 from any contributor during either the primary election period or the general election period. Political parties may not designate more than one Party Committee. Party Committees may not contribute to a candidate without that candidate's express permission.

(f) With respect to contributions to political committees established by a candidate for public office or a public official, the limitations established in subsection (b) apply in the aggregate to all political committees established by that candidate for public office or public official that do not qualify for the limits in subsection (c) or are not exploratory committees.

(g) Committees established primarily to support candidates for an office required to file a statement of economic interest with a county clerk may opt to follow the local election calendar. Committees that opt to follow the local election calendar must make that decision at least 18 months before the next consolidated election or within 30 days of creation. Committees who opt to follow the local election calendar may accept up to $3,000 from any one source during any local election calendar period. Once a committee has opted to follow the local election calendar, it may not rescind that decision.

(h) A candidate facing an opponent who has contributed more than $100,000 of his or her own funds to his or her political committee, directly or in-kind, may accept contributions without regard to the limits imposed in this Section.

A political committee may transfer its non-itemized individual receipts, up to twice the limit established in subsections (b) and (c) of this Section, to any candidate. The receiving candidate shall treat the transferred funds as itemized receipts.

(i) The State Board of Elections may assess a penalty against the contributor of the greater of $5,000 or the gross value of the contribution for each violation of this Section. Contributions in violation of this Section escheat to the State.

The State Board of Elections may assess a penalty of up to $1,000 for each violation against the recipient of any contribution in violation of this Section if it finds convincing evidence of active collusion between the donor and the recipient to evade the limits set by this Section.

(10 ILCS 5/9-29 new)

Sec. 9-29. Audit. The State Board of Elections, by affirmative vote of any 4 of its members, may conduct an audit of the records of any committee to ensure compliance with any Section of this Article. An audit shall be paid for by the committee and shall be limited to the records required to be maintained by the committee at the time the audit is ordered.