HB5338 97TH GENERAL ASSEMBLY

LRB097 18859 PJG 64097 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5338

Introduced 2/8/2012, by Rep. Karen May

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-8.6

Amends the Election Code. Removes language providing that an independent expenditure made in connection, consultation, or concert with a public official or candidate shall be considered a contribution. Provides that an expenditure is independent of a candidate or political committee if and only if it meets certain conditions. Provides that any person other than a natural person or political committee who makes an independent expenditure supporting or opposing a public official or candidate that, alone or in combination with any other independent expenditure made by the person supporting or opposing that public official or candidate during any 12-month period, equals an aggregate value of at least $3,000 shall file a written disclosure with the State Board of Elections within 2 business days of meeting or exceeding the $3,000 threshold. Provides that a natural person, or any person other than a natural person or political committee, who makes a written disclosure with the Board shall have a continuing obligation to report further expenditures in $1,000 increments. Removes language providing that any entity other than a natural person that makes expenditures in an aggregate amount exceeding $3,000 during any 12-month period supporting or opposing a public official or candidate must organize as a political committee. Provides that the Board may impose a fine for violations of the provisions concerning independent expenditures.

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 changing Section 9-8.6 as follows:

(10 ILCS 5/9-8.6)

Sec. 9-8.6. Independent expenditures.

(a) An expenditure that leads to, or creates the appearance of, quid pro quo corruption shall not be considered an independent expenditure. An independent expenditure in relation to a candidate or ballot initiative is not considered a contribution to a political committee affiliated with that candidate or ballot initiative. An expenditure made by a natural person or political committee for an electioneering communication in connection, consultation, or concert with or at the request or suggestion of the public official or candidate, the public official's or candidate's candidate political committee, or the agent or agents of the public official, candidate, or political committee or campaign shall not be considered an independent expenditure but rather shall be considered a contribution to the public official's or candidate's candidate political committee. An expenditure is independent of a candidate or political committee if and only if: (i) it is made without connection, consultation, or concert with a candidate or political committee; (ii) the person or entity making the expenditure did not communicate its plans or intentions for the expenditure in any way which a candidate or political committee might reasonably be expected to discover; (iii) in the case of an expenditure relating to a candidate for public office, neither the candidate nor any representative of the candidate appeared at any event or in any fundraising activity sponsored by or on behalf of the person or entity making the expenditure in the period since the last election of that candidate; and (iv) in the case of an expenditure relating to a candidate for public office, neither the person making the expenditure, nor any employee or agent of, or consultant to, the person or entity making the expenditure worked in any capacity for the candidate or his or her political committee during the period since the last election of that candidate.

(a-5) A natural person who makes an independent expenditure supporting or opposing a public official or candidate that, alone or in combination with any other independent expenditure made by that natural person supporting or opposing that public official or candidate during any 12-month period, equals an aggregate value of at least $3,000 must file a written disclosure with the State Board of Elections within 2 business days after making any expenditure that results in the natural person meeting or exceeding the $3,000 threshold. A natural person who has made a written disclosure with the State Board of Elections shall have a continuing obligation to report further expenditures in relation to the same election, in $1,000 increments, to the State Board until the conclusion of that election. Each disclosure must identify the natural person, the public official or candidate supported or opposed, the date, amount, and nature of each independent expenditure, and the natural person's occupation and employer.

Any person other than a natural person or political committee who makes an independent expenditure supporting or opposing a public official or candidate that, alone or in combination with any other independent expenditure made by the person supporting or opposing that public official or candidate during any 12-month period, equals an aggregate value of at least $3,000 shall file a written disclosure with the State Board of Elections within 2 business days of meeting or exceeding the $3,000 threshold. The written disclosure shall include the gross receipts of the person making the independent expenditure, the name of any person or entity responsible for 20% or more of the gross receipts, and the dollar amount for which that person or entity is responsible. A person other than a natural person or a political committee who has made a written disclosure with the State Board of Elections shall have a continuing obligation to report further expenditures in relation to the same election, in $1,000 increments, to the State Board until the conclusion of that election. Each disclosure must identify the person making the expenditure, the public official or candidate supported or opposed, and the date, amount, and nature of each independent expenditure. A person other than a natural person or political committee shall also report any receipt that, alone or in aggregate together with other receipts from the same source in the preceding 12 months, exceeds 20% of their gross receipts as of the day that they began to engage in independent expenditures; provided that this obligation to report receipts shall end on the day of the next election for persons other than a natural person or a political committee who cease engaging in independent expenditures.

(b) Any person other than a natural person or a political committee who makes one or more independent expenditures for a communication with an aggregate value of at least $3,000 shall include within the communication the names of any person or entity responsible for 20% or more of the gross receipts or revenues of the person making the independent expenditure in the preceding 12 months. Any entity other than a natural person that makes expenditures of any kind in an aggregate amount exceeding $3,000 during any 12-month period supporting or opposing a public official or candidate must organize as a political committee in accordance with this Article.

(c) Every political committee that makes independent expenditures must report all such independent expenditures as required under Section 9-10 of this Article.

(d) In addition to any other remedies provided for by this Article, the Board may impose a fine for violations of this Section not to exceed 100% of the total amount of the expenditures that were untimely reported, or the Board may, in its discretion, waive the fine. When considering whether to impose a fine and the amount of the fine, the Board shall consider the following factors: (i) whether the person made an attempt to disclose the contribution and any attempts made to correct the violation, (ii) whether the violation is attributed to a clerical or computer error, (iii) the amount of the expenditure, (iv) the number of days the expenditure was reported late, and (v) past violations of this Section and Section 9-3 by the person.

(Source: P.A. 96-832, eff. 7-1-10.)