103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5768

 

Introduced 3/7/2024, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-8.5

    Amends the Election Code. Provides that an appointed or elected supervisor of assessments or county assessor is prohibited from making a contribution to any political committee established to promote the candidacy of a person who is a candidate for the Board of Review of the county in which the supervisor of assessments or county assessor serves. Provides that it is unlawful for a political committee to accept contributions that violate those provisions.


LRB103 39640 HLH 70001 b

 

 

A BILL FOR

 

HB5768LRB103 39640 HLH 70001 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
5Section 9-8.5 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

 

 

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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
10First Judicial District, an office elected by all voters of a
11county of fewer than 1,000,000 residents, and municipal and
12county offices in Cook County other than those elected by all
13voters of Cook County, and (iv) $50,000 for a candidate
14political committee established to support the nomination of a
15candidate to 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    (b-5) Judicial elections.
22        (1) In addition to any other provision of this
23    Section, a candidate political committee established to
24    support or oppose a candidate seeking nomination to the
25    Supreme Court, Appellate Court, or Circuit Court may not:
26            (A) accept contributions from any entity that does

 

 

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1        not disclose the identity of those who make
2        contributions to the entity, except for contributions
3        that are not required to be itemized by this Code; or
4            (B) accept contributions from any out-of-state
5        person, as defined in this Article.
6        (1.1) In addition to any other provision of this
7    Section, a political committee that is self-funding, as
8    described in subsection (h) of this Section, and is
9    established to support or oppose a candidate seeking
10    nomination, election, or retention to the Supreme Court,
11    the Appellate Court, or the Circuit Court may not accept
12    contributions from any single person, other than the
13    judicial candidate or the candidate's immediate family, in
14    a cumulative amount that exceeds $500,000 in any election
15    cycle. Any contribution in excess of the limits in this
16    paragraph (1.1) shall escheat to the State of Illinois.
17    Any political committee that receives such a contribution
18    shall immediately forward the amount that exceeds $500,000
19    to the State Treasurer who shall deposit the funds into
20    the State Treasury.
21        (1.2) In addition to any other provision of this
22    Section, an independent expenditure committee established
23    to support or oppose a candidate seeking nomination,
24    election, or retention to the Supreme Court, the Appellate
25    Court, or the Circuit Court may not accept contributions
26    from any single person in a cumulative amount that exceeds

 

 

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1    $500,000 in any election cycle. Any contribution in excess
2    of the limits in this paragraph (1.2) shall escheat to the
3    State of Illinois. Any independent expenditure committee
4    that receives such a contribution shall immediately
5    forward the amount that exceeds $500,000 to the State
6    Treasurer who shall deposit the funds into the State
7    Treasury.
8        (1.3) In addition to any other provision of this
9    Section, if a political committee established to support
10    or oppose a candidate seeking nomination, election, or
11    retention to the Supreme Court, the Appellate Court, or
12    the Circuit Court receives a contribution in excess of
13    $500 from: (i) any committee that is not required to
14    disclose its contributors under this Act; (ii) any
15    association that is not required to disclose its
16    contributors under this Act; or (iii) any other
17    organization or group of persons that is not required to
18    disclose its contributors under this Act, then that
19    contribution shall be considered an anonymous contribution
20    that shall escheat to the State, unless the political
21    committee reports to the State Board of Elections all
22    persons who have contributed in excess of $500 during the
23    same election cycle to the committee, association,
24    organization, or group making the contribution. Any
25    political committee that receives such a contribution and
26    fails to report this information shall forward the

 

 

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

 

 

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1        from another person for a contribution made in his or
2        her own name.
3            (D) No person shall make an anonymous
4        contribution.
5            (E) No person shall knowingly accept any anonymous
6        contribution.
7            (F) No person shall predicate (1) any benefit,
8        including, but not limited to, employment decisions,
9        including hiring, promotions, bonus compensation, and
10        transfers, or (2) any other gift, transfer, or
11        emolument upon:
12                (i) the decision by the recipient of that
13            benefit to donate or not to donate to a candidate;
14            or
15                (ii) the amount of any such donation.
16        (4) No judicial candidate or political committee
17    established to support a candidate seeking nomination to
18    the Supreme Court, Appellate Court, or Circuit Court shall
19    knowingly accept any contribution or make any expenditure
20    in violation of the provisions of this Section. No officer
21    or employee of a political committee established to
22    support a candidate seeking nomination to the Supreme
23    Court, Appellate Court, or Circuit Court shall knowingly
24    accept a contribution made for the benefit or use of a
25    candidate or knowingly make any expenditure in support of
26    or opposition to a candidate or for electioneering

 

 

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1    communications in relation to a candidate in violation of
2    any limitation designated for contributions and
3    expenditures under this Section.
4        (5) Where the provisions of this subsection (b-5)
5    conflict with any other provision of this Code, this
6    subsection (b-5) shall control.
7    (b-10) Notwithstanding any other provision of law, an
8appointed or elected supervisor of assessments or county
9assessor is prohibited from making a contribution to any
10political committee established to promote the candidacy of a
11person who is a candidate for the Board of Review of the county
12in which the supervisor of assessments or county assessor
13serves. It is unlawful for a political committee to accept
14contributions that violate this subsection.
15    (c) During an election cycle, a political party committee
16may not accept contributions with an aggregate value over the
17following: (i) $10,000 from any individual, (ii) $20,000 from
18any corporation, labor organization, or association, or (iii)
19$50,000 from a political action committee. A political party
20committee may accept contributions in any amount from another
21political party committee or a candidate political committee,
22except as provided in subsection (c-5). Nothing in this
23Section shall limit the amounts that may be transferred
24between a political party committee established under
25subsection (a) of Section 7-8 of this Code and an affiliated
26federal political committee established under the Federal

 

 

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1Election Code by the same political party. A political party
2committee may not accept contributions from a ballot
3initiative committee or from an independent expenditure
4committee. A political party committee established by a
5legislative caucus may not accept contributions from another
6political party committee established by a legislative caucus.
7    (c-5) During the period beginning on the date candidates
8may begin circulating petitions for a primary election and
9ending on the day of the primary election, a political party
10committee may not accept contributions with an aggregate value
11over $50,000 from a candidate political committee or political
12party committee. A political party committee may accept
13contributions in any amount from a candidate political
14committee or political party committee if the political party
15committee receiving the contribution filed a statement of
16nonparticipation in the primary as provided in subsection
17(c-10). The Task Force on Campaign Finance Reform shall study
18and make recommendations on the provisions of this subsection
19to the Governor and General Assembly by September 30, 2012.
20This subsection becomes inoperative on July 1, 2013 and
21thereafter no longer applies.
22    (c-10) A political party committee that does not intend to
23make contributions to candidates to be nominated at a general
24primary election or consolidated primary election may file a
25Statement of Nonparticipation in a Primary Election with the
26Board. The Statement of Nonparticipation shall include a

 

 

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1verification signed by the chairperson and treasurer of the
2committee that (i) the committee will not make contributions
3or coordinated expenditures in support of or opposition to a
4candidate or candidates to be nominated at the general primary
5election or consolidated primary election (select one) to be
6held on (insert date), (ii) the political party committee may
7accept unlimited contributions from candidate political
8committees and political party committees, provided that the
9political party committee does not make contributions to a
10candidate or candidates to be nominated at the primary
11election, and (iii) failure to abide by these requirements
12shall deem the political party committee in violation of this
13Article and subject the committee to a fine of no more than
14150% of the total contributions or coordinated expenditures
15made by the committee in violation of this Article. This
16subsection becomes inoperative on July 1, 2013 and thereafter
17no longer applies.
18    (d) During an election cycle, a political action committee
19may not accept contributions with an aggregate value over the
20following: (i) $10,000 from any individual, (ii) $20,000 from
21any corporation, labor organization, political party
22committee, or association, or (iii) $50,000 from a political
23action committee or candidate political committee. A political
24action committee may not accept contributions from a ballot
25initiative committee or from an independent expenditure
26committee.

 

 

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1    (e) A ballot initiative committee may accept contributions
2in any amount from any source, provided that the committee
3files the document required by Section 9-3 of this Article and
4files the disclosure reports required by the provisions of
5this Article.
6    (e-5) An independent expenditure committee may accept
7contributions in any amount from any source, provided that the
8committee files the document required by Section 9-3 of this
9Article and files the disclosure reports required by the
10provisions of this Article.
11    (e-10) A limited activity committee shall not accept
12contributions, except that the officer or a candidate the
13committee has designated to support may contribute personal
14funds in order to pay for maintenance expenses. A limited
15activity committee may only make expenditures that are: (i)
16necessary for maintenance of the committee; (ii) for rent or
17lease payments until the end of the lease in effect at the time
18the officer or candidate is confirmed by the Senate; (iii)
19contributions to 501(c)(3) charities; or (iv) returning
20contributions to original contributors.
21    (f) Nothing in this Section shall prohibit a political
22committee from dividing the proceeds of joint fundraising
23efforts; provided that no political committee may receive more
24than the limit from any one contributor, and provided that an
25independent expenditure committee may not conduct joint
26fundraising efforts with a candidate political committee or a

 

 

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

 

 

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

 

 

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1candidate in an aggregate amount of more than (i) $250,000 for
2statewide office or (ii) $100,000 for all other elective
3offices in an election cycle, as reported in a written
4disclosure filed under subsection (a) of Section 9-8.6 or
5subsection (e-5) of Section 9-10, then the State Board of
6Elections shall, within 2 business days after the filing of
7the disclosure, post the disclosure on the Board's website and
8give official notice of the disclosure to each candidate for
9the same office as the public official or candidate for whose
10benefit or detriment the natural person or independent
11expenditure committee made independent expenditures. Upon
12posting of the notice on the Board's website, all candidates
13for that office in that election, including the public
14official or candidate for whose benefit or detriment the
15natural person or independent expenditure committee made
16independent expenditures, shall be permitted to accept
17contributions in excess of any contribution limits imposed by
18subsection (b).
19    (h-10) If the State Board of Elections receives
20notification or determines that a natural person or persons,
21an independent expenditure committee or committees, or
22combination thereof has made independent expenditures in
23support of or in opposition to the campaign of a particular
24public official or candidate in an aggregate amount of more
25than (i) $250,000 for statewide office or (ii) $100,000 for
26all other elective offices in an election cycle, then the

 

 

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1Board shall, within 2 business days after discovering the
2independent expenditures that, in the aggregate, exceed the
3threshold set forth in (i) and (ii) of this subsection, post
4notice of this fact on the Board's website and give official
5notice to each candidate for the same office as the public
6official or candidate for whose benefit or detriment the
7independent expenditures were made. Notice shall be sent via
8first class mail to the candidate and the treasurer of the
9candidate's committee. Notice shall also be sent by e-mail to
10the candidate and the treasurer of the candidate's committee
11if the candidate and the treasurer, as applicable, have
12provided the Board with an e-mail address. Upon posting of the
13notice on the Board's website, all candidates of that office
14in that election, including the public official or candidate
15for whose benefit or detriment the independent expenditures
16were made, may accept contributions in excess of any
17contribution limits imposed by subsection (b).
18    (i) For the purposes of this Section, a corporation, labor
19organization, association, or a political action committee
20established by a corporation, labor organization, or
21association may act as a conduit in facilitating the delivery
22to a political action committee of contributions made through
23dues, levies, or similar assessments and the political action
24committee may report the contributions in the aggregate,
25provided that: (i) contributions made through dues, levies, or
26similar assessments paid by any natural person, corporation,

 

 

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1labor organization, or association in a calendar year may not
2exceed the limits set forth in this Section; (ii) the
3corporation, labor organization, association, or a political
4action committee established by a corporation, labor
5organization, or association facilitating the delivery of
6contributions maintains a list of natural persons,
7corporations, labor organizations, and associations that paid
8the dues, levies, or similar assessments from which the
9contributions comprising the aggregate amount derive; and
10(iii) contributions made through dues, levies, or similar
11assessments paid by any natural person, corporation, labor
12organization, or association that exceed $1,000 in a quarterly
13reporting period shall be itemized on the committee's
14quarterly report and may not be reported in the aggregate. A
15political action committee facilitating the delivery of
16contributions or receiving contributions shall disclose the
17amount of contributions made through dues delivered or
18received and the name of the corporation, labor organization,
19association, or political action committee delivering the
20contributions, if applicable. On January 1 of each
21odd-numbered year, the State Board of Elections shall adjust
22the amounts of the contribution limitations established in
23this subsection for inflation as determined by the Consumer
24Price Index for All Urban Consumers as issued by the United
25States Department of Labor and rounded to the nearest $100.
26The State Board shall publish this information on its official

 

 

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1website.
2    (j) A political committee that receives a contribution or
3transfer in violation of this Section shall dispose of the
4contribution or transfer by returning the contribution or
5transfer, or an amount equal to the contribution or transfer,
6to the contributor or transferor or donating the contribution
7or transfer, or an amount equal to the contribution or
8transfer, to a charity. A contribution or transfer received in
9violation of this Section that is not disposed of as provided
10in this subsection within 30 days after the Board sends
11notification to the political committee of the excess
12contribution by certified mail shall escheat to the General
13Revenue Fund and the political committee shall be deemed in
14violation of this Section and subject to a civil penalty not to
15exceed 150% of the total amount of the contribution.
16    (k) For the purposes of this Section, "statewide office"
17means the Governor, Lieutenant Governor, Attorney General,
18Secretary of State, Comptroller, and Treasurer.
19    (l) This Section is repealed if and when the United States
20Supreme Court invalidates contribution limits on committees
21formed to assist candidates, political parties, corporations,
22associations, or labor organizations established by or
23pursuant to federal law.
24(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21;
25102-909, eff. 5-27-22.)