94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3064

 

Introduced 1/20/2006, by Sen. Bill Brady

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/Art. 9A heading new
10 ILCS 5/9A-5 new
10 ILCS 5/9A-15 new
10 ILCS 5/9A-17 new
10 ILCS 5/9A-20 new
10 ILCS 5/9A-25 new
10 ILCS 5/9A-30 new

    Amends the Election Code. Establishes limits on campaign contributions and expenditures.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by adding Article
5 heading 9A and Sections 9A-5, 9A-15, 9A-17, 9A-20, 9A-25, and
6 9A-30 as follows:
 
7     (10 ILCS 5/Art. 9A heading new)
8
ARTICLE 9A.
9
CAMPAIGN CONTRIBUTION PROHIBITIONS AND LIMITS

 
10     (10 ILCS 5/9A-5 new)
11     Sec. 9A-5. Definitions. As used in this Article:
12         (1) "Election" means:
13             (A) "Election", "regular election", "special
14         election", and "general election" as those terms are
15         defined in Section 1-3, but only as applied to
16         elections for executive branch constitutional officers
17         and members of the General Assembly.
18             (B) A convention or caucus of a political party
19         that has authority to nominate a candidate.
20         (2) "Candidate" means any person who seeks nomination
21     for election, election to, or retention in public office as
22     an executive branch constitutional officer or as a member
23     of the General Assembly, whether or not the person is
24     elected. A person seeks nomination for election, election,
25     or retention if he or she (i) takes the action necessary
26     under the laws of this State to attempt to qualify for
27     nomination for election to, election to, or retention in
28     public office as an executive branch constitutional
29     officer or as a member of the General Assembly or (ii)
30     receives contributions or makes expenditures, or gives
31     consent for any other person to receive contributions or

 

 

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1     make expenditures with a view to bringing about his or her
2     nomination for election to, election to, or retention in
3     public office as an executive branch constitutional
4     officer or as a member of the General Assembly.
5         (3) "Political committee" means any of the following:
6             (A) Any committee, club, association, or other
7         group of persons that receives contributions
8         aggregating in excess of $1,000 during a calendar year
9         or that makes expenditures aggregating in excess of
10         $1,000 during a calendar year.
11             (B) Any separate segregated fund established under
12         the provisions of this Article by a labor union or
13         corporation.
14             (C) Any local committee of a political party that
15         receives contributions aggregating in excess of $5,000
16         during a calendar year, makes payments exempted from
17         the definition of contribution or expenditure
18         aggregating in excess of $5,000 during a calendar year,
19         makes contributions aggregating in excess of $1,000
20         during a calendar year, or makes expenditures
21         aggregating in excess of $1,000 during a calendar year.
22         (4) "Principal campaign committee" means a political
23     committee designated and authorized by a candidate under
24     Section 9A-15.
25         (5) "Authorized committee" means the principal
26     campaign committee or any other political committee
27     authorized by a candidate under Section 9A-15 to receive
28     contributions or make expenditures on behalf of the
29     candidate.
30         (6) "Connected organization" means any organization
31     that is not a political committee but that directly or
32     indirectly establishes, administers, or financially
33     supports a political committee.
34         (7) Contribution.
35             (A) "Contribution" includes:
36                 (i) Any gift, subscription, loan, advance, or

 

 

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1             deposit of money or anything of value made by any
2             person for the purpose of influencing any election
3             for executive branch constitutional office.
4                 (ii) The payment by any person of compensation
5             for the personal services of another person that
6             are rendered to a political committee without
7             charge for any purpose.
8                 (iii) A transfer of funds between political
9             committees for any purpose.
10             (B) "Contribution" does not include:
11                 (i) The value of services provided without
12             compensation by any individual who volunteers on
13             behalf of a candidate or political committee.
14                 (ii) The use of real or personal property,
15             including a church or community room used on a
16             regular basis by members of a community for
17             noncommercial purposes, and the cost of
18             invitations, food, and beverages, voluntarily
19             provided by an individual to any candidate or any
20             political committee of a political party in
21             rendering voluntary personal services on the
22             individual's residential premises or in the church
23             or community room for candidate-related or
24             political party-related activities, to the extent
25             that the cumulative value of the invitations,
26             food, and beverages provided by the individual on
27             behalf of any single candidate does not exceed
28             $2,000 with respect to any single election, and on
29             behalf of all political committees of a political
30             party does not exceed $5,000 in any calendar year.
31                 (iii) The sale of any food or beverage by a
32             vendor for use in any candidate's campaign or for
33             use by or on behalf of any political committee of a
34             political party at a charge less than the normal
35             comparable charge, if the charge is at least equal
36             to the cost of the food or beverage to the vendor,

 

 

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1             to the extent that the cumulative value of the
2             activity by the vendor on behalf of any single
3             candidate does not exceed $2,000 with respect to
4             any single election, and on behalf of all political
5             committees of a political party does not exceed
6             $5,000 in any calendar year.
7                 (iv) Any unreimbursed payment for travel
8             expenses made by any individual volunteering
9             personal services on behalf of any candidate or any
10             political committee of a political party.
11         (8) Expenditure.
12             (A) "Expenditure" includes:
13                 (i) Any purchase, payment, distribution, loan,
14             advance, deposit, or gift of money or anything of
15             value made by any person for the purpose of
16             influencing any election of a State executive
17             branch constitutional officer or member of the
18             General Assembly.
19                 (ii) A written contract, promise, or agreement
20             to make an expenditure.
21             (B) "Expenditure" does not include:
22                 (i) Any news story, commentary, or editorial
23             distributed through the facilities of any
24             broadcasting station, newspaper, magazine, or
25             other periodical publication, unless the
26             facilities are owned or controlled by any
27             political party, political committee, or
28             candidate.
29                 (ii) Nonpartisan activity designed to
30             encourage individuals to vote or to register to
31             vote.
32                 (iii) The use of real or personal property and
33             the cost of invitations, food, and beverages,
34             voluntarily provided by an individual in rendering
35             voluntary personal services on the individual's
36             residential premises for candidate-related

 

 

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1             activities; provided the value of the service
2             provided does not exceed an aggregate of $150 in a
3             reporting period.
4                 (iv) The sale of any food or beverage by a
5             vendor for use in a candidate's campaign at a
6             charge less than the normal comparable charge, if
7             the charge for use in a candidate's campaign is at
8             least equal to the cost of the food or beverage to
9             the vendor.
10         (9) "Board" means the Illinois State Board of
11     Elections.
12         (10) "Person" includes an individual, trust,
13     partnership, committee, association, corporation, labor
14     organization, or any other organization or group of
15     persons.
16         (11) "Identification" means:
17             (A) In the case of any individual, the name, the
18         mailing address, and the occupation of the individual,
19         as well as the name of his or her employer.
20             (B) In the case of any other person, the full name
21         and address of the person.
22         (12) "State committee" means the organization that, by
23     virtue of the bylaws of a political party, is responsible
24     for the day-to-day operation of the political party at the
25     State level, as determined by the Board.
26         (13) "Political party" means an association,
27     committee, or organization that nominates a candidate for
28     election to any public office whose name appears on the
29     election ballot as the candidate of that association,
30     committee, or organization.
31         (14) "Independent expenditure" means an expenditure by
32     a person:
33             (A) Expressly advocating the election or defeat of
34         a clearly identified candidate; and
35             (B) That is not made in concert or cooperation with
36         or at the request or suggestion of the candidate, the

 

 

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1         candidate's authorized political committee, agents, a
2         political party committee, or agents thereof.
3         (15) "Clearly identified" means that:
4             (A) The name of the candidate involved appears;
5             (B) A photograph or drawing of the candidate
6         appears; or
7             (C) The identity of the candidate is apparent by
8         unambiguous reference.
9         (16) "Election cycle" means the period beginning on the
10     day after the date of the most recent election for the
11     specific office or seat that a candidate is seeking and
12     ending on the date of the next election for that office or
13     seat. For purposes of this paragraph, a general primary
14     election and a general election shall be considered to be
15     separate elections.
16         (17) "Personal funds" means an amount that is derived
17     from:
18             (A) Any asset that, under applicable State law, at
19         the time the individual became a candidate, the
20         candidate had legal right of access to or control over,
21         and with respect to which the candidate had:
22                 (i) Legal and rightful title; or
23                 (ii) An equitable interest.
24             (B) Income received during the current election
25         cycle by the candidate, including:
26                 (i) A salary and other earned income from bona
27             fide employment.
28                 (ii) Dividends and proceeds from the sale of
29             the candidate's stocks or other investments.
30                 (iii) Bequests to the candidate.
31                 (iv) Income from trusts established before the
32             beginning of the election cycle.
33                 (v) Income from trusts established by bequest
34             after the beginning of the election cycle of which
35             the candidate is the beneficiary.
36                 (vi) Gifts of a personal nature that had been

 

 

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1             customarily received by the candidate prior to the
2             beginning of the election cycle.
3                 (vii) Proceeds from lotteries and similar
4             legal games of chance.
5             (C) A portion of assets that are jointly owned by
6         the candidate and the candidate's spouse equal to the
7         candidate's share of the asset under the instrument of
8         conveyance or ownership, but if no specific share is
9         indicated by an instrument of conveyance or ownership,
10         the value of one-half of the property.
 
11     (10 ILCS 5/9A-15 new)
12     Sec. 9A-15. Limitations on contributions and expenditures.
13     (a) Limits.
14         (1) No political committee, multicandidate committee,
15     or PAC may engage in a joint fundraiser.
16         (1.5) Except as provided in subsection (c), no person
17     other than a multicandidate political committee shall make
18     contributions:
19             (A) To any candidate and his or her authorized
20         political committees with respect to any election for
21         State office that, in the aggregate, exceed $2,000.
22             (B) To the political committees established and
23         maintained by a State political party, that are not the
24         authorized political committees of any candidate, in
25         any election that, in the aggregate, exceed $5,000.
26             (C) To any other political committee in any
27         election that, in the aggregate, exceed $5,000.
28         (2) No multicandidate political committee shall make
29     contributions:
30             (A) To any candidate and his or her authorized
31         political committees with respect to any election for
32         State office that, in the aggregate, exceed $5,000.
33             (B) To the political committees established and
34         maintained by a State political party, that are not the
35         authorized political committees of any candidate, in

 

 

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1         any election, that, in the aggregate, exceed $5,000.
2             (C) To any other political committee in any
3         election that, in the aggregate, exceed $5,000.
4         (3) During the period that begins on January 1 of an
5     odd-numbered year and ends on December 31 of the next
6     even-numbered year, no individual may make contributions
7     aggregating more than $40,000, in the case of contributions
8     to candidates and the authorized committees of candidates.
9         (4) For purposes of paragraph (2), the term
10     "multicandidate political committee" means a political
11     committee that has been registered for a period of not less
12     than 6 months, that has received contributions from more
13     than 50 persons, and that has made contributions to 5 or
14     more candidates for public office. The State political
15     parties shall be considered "multicandidate political
16     committees" for the purposes of paragraph (2).
17         (5) For purposes of the limitations provided by
18     paragraph (1) and paragraph (2), all contributions made by
19     political committees established, financed, maintained, or
20     controlled by any corporation, labor organization, or any
21     other person, including any parent, subsidiary, branch,
22     division, department, or local unit of the corporation,
23     labor organization, or any other person, or by any group of
24     such persons, shall be considered to have been made by a
25     single political committee.
26         In any case in which a corporation and any of its
27     subsidiaries, branches, divisions, departments, or local
28     units, or a labor organization and any of its subsidiaries,
29     branches, divisions, departments, or local units
30     establish, finance, maintain, or control more than one
31     separate segregated fund, all the separate segregated
32     funds shall be treated as a single separate segregated fund
33     for purposes of the limitations provided by paragraph (1)
34     and paragraph (2).
35         (6) For the purposes of the limitations provided by
36     paragraph (1) and paragraph (2), a candidate's authorized

 

 

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1     political committee and any committee directly or
2     indirectly established, financed, maintained, or
3     controlled by that candidate shall be considered to be a
4     single political committee.
5         (7) The limitations on contributions to a candidate
6     imposed by paragraphs (1) and (2) of this subsection shall
7     apply separately with respect to each election.
8         (8) For purposes of this subsection:
9             (A) Contributions to a named candidate made to any
10         political committee authorized by the candidate to
11         accept contributions on his or her behalf shall be
12         considered to be contributions made to the candidate.
13             (B) Expenditures.
14                 (i) Expenditures made by any person in
15             cooperation, consultation, or concert with, or at
16             the request or suggestion of, a candidate, his or
17             her authorized political committees, or their
18             agents, shall be considered to be a contribution to
19             the candidate.
20                 (ii) Expenditures made by any person (other
21             than a candidate or candidate's authorized
22             committee) in cooperation, consultation, or
23             concert with, or at the request or suggestion of, a
24             national, State, or local committee of a political
25             party, shall be considered to be contributions
26             made to the party committee.
27                 (iii) The financing by any person of the
28             dissemination, distribution, or republication, in
29             whole or in part, of any broadcast or any written,
30             graphic, or other form of campaign materials
31             prepared by the candidate, his or her campaign
32             committees, or their authorized agents shall be
33             considered to be an expenditure for purposes of
34             this paragraph.
35             (C) If any person makes or contracts to make any
36         disbursement for any electioneering communication and

 

 

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1         if the disbursement is coordinated with a candidate or
2         an authorized committee of the candidate, a Federal,
3         State, or local political party or committee thereof,
4         or an agent or official of the candidate, party, or
5         committee, then the disbursement or contracting shall
6         be treated as a contribution to the candidate supported
7         by the electioneering communication or that
8         candidate's party and as an expenditure by that
9         candidate or that candidate's party.
10         (9) For purposes of the limitations imposed by this
11     Section, all contributions made by a person, either
12     directly or indirectly, on behalf of a particular
13     candidate, including contributions that are in any way
14     earmarked or otherwise directed through an intermediary or
15     conduit to the candidate, shall be treated as contributions
16     from the person to the candidate. The intermediary or
17     conduit shall report the original source and the intended
18     recipient of the contribution to the Board and to the
19     intended recipient.
20     (b) No candidate or political committee shall knowingly
21 accept any contribution or make any expenditure in violation of
22 the provisions of this Section. No officer or employee of a
23 political committee shall knowingly accept a contribution made
24 for the benefit or use of a candidate or knowingly make any
25 expenditure on behalf of a candidate in violation of any
26 limitation imposed on contributions and expenditures under
27 this Section.
28     (c) Personal funds.
29         (1) Increase.
30             (A) Subject to paragraph (2), if the opposition
31         personal funds amount with respect to a candidate for
32         election to executive branch constitutional office or
33         the General Assembly exceeds the threshold amount, the
34         limit under subsection (a)(1)(A) (in this subsection
35         referred to as the "applicable limit") with respect to
36         that candidate shall be the increased limit.

 

 

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1             (B) Threshold amount.
2                 (i) In this subsection, the threshold amount
3             with respect to an election cycle of a candidate
4             described in subparagraph (A) is an amount equal to
5             the sum of:
6                     (I) $150,000; and
7                     (II) $0.04 multiplied by the voting age
8                 population.
9                 (ii) In this subparagraph, the term "voting
10             age population" means that certified under 2 USCS
11             441a Section (e) for the State of Illinois and
12             published in the Federal Register.
13             (C) Except as provided in clause (ii), for purposes
14         of subparagraph (A), if the opposition personal funds
15         amount is over:
16                 (i) 2 times the threshold amount, but not over
17             4 times that amount, then the increased limit shall
18             be 3 times the applicable limit.
19                 (ii) 4 times the threshold amount, but not over
20             10 times that amount, then the increased limit
21             shall be 6 times the applicable limit.
22                 (iii) 10 times the threshold amount, then the
23             increased limit shall be 6 times the applicable
24             limit.
25             (D) The opposition personal funds amount is an
26         amount equal to the excess (if any) of:
27                 (i) The greatest aggregate amount of
28             expenditures from personal funds that an opposing
29             candidate in the same election makes; over
30                 (ii) The aggregate amount of expenditures from
31             personal funds made by the candidate with respect
32             to the election.
33             (E) Candidate's campaign funds.
34                 (i) For purposes of determining the aggregate
35             amount of expenditures from personal funds under
36             subparagraph (D)(ii), the amount shall include the

 

 

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1             gross receipts advantage of the candidate's
2             authorized committee.
3                 (ii) For purposes of clause (i), the term
4             "gross receipts advantage" means the excess, if
5             any, of:
6                     (I) The aggregate amount of 50% of gross
7                 receipts of a candidate's authorized committee
8                 during any election cycle (not including
9                 contributions from personal funds of the
10                 candidate) that may be expended in connection
11                 with the election, as determined on June 30 and
12                 December 31 of the year preceding the year in
13                 which a general election is held, over
14                     (II) The aggregate amount of 50% of gross
15                 receipts of the opposing candidate's
16                 authorized committee during any election cycle
17                 (not including contributions from personal
18                 funds of the candidate) that may be expended in
19                 connection with the election, as determined on
20                 June 30 and December 31 of the year preceding
21                 the year in which a general election is held.
22         (2) Time to accept contributions under increased
23     limit.
24             (A) Subject to subparagraph (B), a candidate and
25         the candidate's authorized committee shall not accept
26         any contribution, and a party committee shall not make
27         any expenditure, under the increased limit under
28         paragraph (1):
29                 (i) Until the candidate has received
30             notification of the opposition personal funds
31             amount; and
32                 (ii) To the extent that the contribution, when
33             added to the aggregate amount of contributions
34             previously accepted and party expenditures
35             previously made under the increased limits under
36             this subsection for the election cycle, exceeds

 

 

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1             110% of the opposition personal funds amount.
2             (B) A candidate and a candidate's authorized
3         committee shall not accept any contribution and a party
4         shall not make any expenditure under the increased
5         limit after the date on which an opposing candidate
6         ceases to be a candidate to the extent that the amount
7         of the increased limit is attributable to such an
8         opposing candidate.
9         (3) Disposal of excess contributions.
10             (A) The aggregate amount of contributions accepted
11         by a candidate or a candidate's authorized committee
12         under the increased limit under paragraph (1) and not
13         otherwise expended in connection with the election
14         with respect to which the contributions relate shall,
15         not later than 50 days after the date of the election,
16         be used in the manner described in subparagraph (B).
17             (B) A candidate or a candidate's authorized
18         committee shall return the excess contribution to the
19         person who made the contribution.
20     (d) Any candidate who incurs personal loans made after the
21 effective date of this amendatory Act of the 94th General
22 Assembly in connection with the candidate's campaign for
23 election shall not repay (directly or indirectly), to the
24 extent the loans exceed $250,000, the loans from any
25 contributions made to the candidate or any authorized committee
26 of the candidate after the date of the election.
27     (e) Each July 1, the dollar amounts established in this
28 Section shall be adjusted for inflation as determined by the
29 Consumer Price Index for All Urban Consumers as determined by
30 the United States Department of Labor and rounded to the
31 nearest $100, except that each adjustment may not exceed 5% of
32 the dollar amount adjusted.
 
33     (10 ILCS 5/9A-17 new)
34     Sec. 9A-17. Transfer prohibition. Notwithstanding any
35 other law to the contrary, no candidate or political committee

 

 

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1 shall make any transfer of funds between that candidate or
2 political committee and any other candidate or political
3 committee whatsoever.
 
4     (10 ILCS 5/9A-20 new)
5     Sec. 9A-20. Contributions or expenditures by corporations
6 or labor organizations.
7     (a) It is unlawful for any corporation or labor
8 organization to make a contribution or expenditure in
9 connection with any election to any executive branch
10 constitutional office or to any seat in the General Assembly or
11 in connection with any primary election or political convention
12 or caucus held to select candidates for any executive branch
13 constitutional office or any seat in the General Assembly. It
14 is unlawful for any candidate, political committee, or other
15 person knowingly to accept or receive any contribution
16 prohibited by this Section. It is unlawful any officer or any
17 director of any corporation or any officer of any labor
18 organization to consent to any contribution or expenditure by
19 the corporation or labor organization, as the case may be,
20 prohibited by this Section.
21     (b) Definitions and additional prohibitions.
22         (1) For the purposes of this Section, the term "labor
23     organization" means any organization of any kind or any
24     agency or employee representation committee or plan in
25     which employees participate and that exists for the
26     purpose, in whole or in part, of dealing with employers
27     concerning grievances, labor disputes, wages, rates of
28     pay, hours of employment, or conditions of work.
29         (2) For purposes of this Section, the term
30     "contribution or expenditure" includes a contribution or
31     expenditure as those terms are defined in Section 9A-10 and
32     also includes any direct or indirect payment,
33     distribution, loan, advance, deposit, or gift of money, any
34     services, or anything of value (except a loan of money by a
35     national or State bank made in accordance with the

 

 

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1     applicable banking laws and regulations and in the ordinary
2     course of business) to any candidate, campaign committee,
3     or political party or organization in connection with any
4     election to any of the offices referred to in this Section
5     or for any applicable electioneering communication. The
6     term shall not include:
7             (A) Communications by a corporation to its
8         stockholders and executive or administrative personnel
9         and their families or by a labor organization to its
10         members and their families on any subject.
11             (B) Nonpartisan registration and get-out-the-vote
12         campaigns by a corporation aimed at its stockholders
13         and executive or administrative personnel and their
14         families or by a labor organization aimed at its
15         members and their families.
16             (C) The establishment, administration, and
17         solicitation of contributions to a separate segregated
18         fund to be utilized for political purposes by a
19         corporation, labor organization, membership
20         organization, cooperative, or corporation without
21         capital stock.
22         (3) It is unlawful:
23             (A) For a fund described in paragraph (2)(C) to
24         make a contribution or expenditure by utilizing money
25         or anything of value secured by physical force, job
26         discrimination, or financial reprisals; by the threat
27         of force, job discrimination, or financial reprisal;
28         by dues, fees, or other moneys required as a condition
29         of membership in a labor organization or as a condition
30         of employment; or by moneys obtained in any commercial
31         transaction.
32             (B) For any person soliciting an employee for a
33         contribution to a fund described in paragraph (2)(C) to
34         fail to inform the employee of the political purposes
35         of the fund at the time of solicitation.
36             (C) For any person soliciting an employee for a

 

 

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1         contribution to a fund described in paragraph (2)(C) to
2         fail to inform the employee, at the time of
3         solicitation, of his or her right to refuse to
4         contribute without any reprisal.
5         (4) Solicitations.
6             (A) Except as provided in subparagraphs (B), (C),
7         and (D), it is unlawful:
8                 (i) For a corporation, or a separate
9             segregated fund established by a corporation, to
10             solicit contributions to the fund from any person
11             other than its stockholders and their families and
12             its executive or administrative personnel and
13             their families.
14                 (ii) For a labor organization, or a separate
15             segregated fund established by a labor
16             organization, to solicit contributions to the fund
17             from any person other than its members and their
18             families.
19             (B) It is not unlawful under this Section for a
20         corporation, a labor organization, or a separate
21         segregated fund established by a corporation or labor
22         organization to make 2 written solicitations for
23         contributions during the calendar year from any
24         stockholder, executive or administrative personnel, or
25         employee of a corporation or the families of those
26         persons. A solicitation under this subparagraph may be
27         made only by mail addressed to stockholders, executive
28         or administrative personnel, or employees at their
29         residence and shall be so designed that the
30         corporation, labor organization, or separate
31         segregated fund conducting the solicitation cannot
32         determine who makes a contribution of $50 or less as a
33         result of the solicitation and who does not make such a
34         contribution.
35             (C) This paragraph shall not prevent a membership
36         organization, cooperative, or corporation without

 

 

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1         capital stock, or a separate segregated fund
2         established by a membership organization, cooperative,
3         or corporation without capital stock, from soliciting
4         contributions to the fund from members of the
5         organization, cooperative, or corporation without
6         capital stock.
7         (5) Notwithstanding any other law, any method of
8     soliciting voluntary contributions or of facilitating the
9     making of voluntary contributions to a separate segregated
10     fund established by a corporation, permitted by law to
11     corporations with regard to stockholders and executive or
12     administrative personnel, is also permitted to labor
13     organizations with regard to their members.
14         (6) Any corporation, including its subsidiaries,
15     branches, divisions, and affiliates, that utilizes a
16     method of soliciting voluntary contributions or
17     facilitating the making of voluntary contributions shall
18     make available that method, on written request and at a
19     cost sufficient only to reimburse the corporation for the
20     expenses incurred thereby, to a labor organization
21     representing any members working for the corporation or its
22     subsidiaries, branches, divisions, and affiliates.
23         (7) For purposes of this Section, the term "executive
24     or administrative personnel" means individuals employed by
25     a corporation who are paid on a salary, rather than hourly,
26     basis and who have policymaking, managerial, professional,
27     or supervisory responsibilities.
28     (c) Electioneering communications.
29         (1) For purposes of this Section, the term "applicable
30     electioneering communication" means an electioneering
31     communication, as defined in Section 9-1.14, that is made
32     by any entity described in subsection (a) of this Section
33     or by any other person using funds donated by an entity
34     described in subsection (a) of this Section.
35         (2) Notwithstanding paragraph (A), the term
36     "applicable electioneering communication" does not include

 

 

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1     a communication by an unincorporated Section 501(c)(4)
2     organization or a political organization (as defined in
3     Section 527(e)(1) of the Internal Revenue Code of 1986 [26
4     USCS § 527(e)(1)]) if the communication is paid for
5     exclusively by funds provided directly by individuals who
6     are United States citizens or nationals or are lawfully
7     admitted for permanent residence (as defined in Section
8     101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
9     1101(a)(20))). For purposes of this paragraph, the term
10     "provided directly by individuals" does not include funds
11     the source of which is an entity described in subsection
12     (a) of this Section.
13         (3) Source of communications.
14             (A) An electioneering communication shall be
15         treated as made by an entity described in subsection
16         (a) if an entity described in subsection (a) directly
17         or indirectly disburses any amount for any of the costs
18         of the communication.
19             (B) A Section 501(c)(4) organization that derives
20         amounts from business activities or receives funds
21         from any entity described in subsection (a) shall be
22         considered to have paid for any communication out of
23         those amounts unless the organization paid for the
24         communication out of a segregated account.
25         (4) For purposes of this subsection:
26             (A) The term "Section 501(c)(4) organization"
27         means:
28                 (i) An organization described in Section
29             501(c)(4) of the Internal Revenue Code of 1986 [26
30             USCS § 501(c)(4)] and exempt from taxation under
31             Section 501(a) of that Code [26 USCS § 501(a)]; or
32                 (ii) An organization that has submitted an
33             application to the Internal Revenue Service for
34             determination of its status as an organization
35             described in clause (i).
36             (B) A person shall be treated as having made a

 

 

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1         disbursement if the person has executed a contract to
2         make the disbursement.
3         (5) Nothing in this subsection shall be construed to
4     authorize an organization exempt from taxation under
5     Section 501(a) of the Internal Revenue Code of 1986 [26
6     USCS § 501(a)] to carry out any activity that is prohibited
7     under that Code.
 
8     (10 ILCS 5/9A-25 new)
9     Sec. 9A-25. Prohibition of contributions in name of
10 another. No person shall make a contribution in the name of
11 another person or knowingly permit his or her name to be used
12 to effect such a contribution. No person shall knowingly accept
13 a contribution made by one person in the name of another
14 person.
 
15     (10 ILCS 5/9A-30 new)
16     Sec. 9A-30. Complaints. The Board may receive complaints
17 from any entity regulated under this Article, alleging with
18 specificity on the basis of facts known to that entity, that a
19 violation of this Article has occurred. The Board may bring
20 complaints and investigations on its own initiative when the
21 Board has a reasonable basis to believe that a violation of
22 this Article has occurred. The Board shall have the authority
23 to promulgate procedural rules governing the filing and hearing
24 of complaints under this Section.