Illinois General Assembly - Full Text of HB3482
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Full Text of HB3482  102nd General Assembly

HB3482 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3482

 

Introduced 2/22/2021, by Rep. Denyse Stoneback

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-8.5
10 ILCS 5/9-8.6

    Amends the Election Code. Removes existing provisions concerning independent expenditures and replaces them with the following: Provides that an expenditure made by a third party to a candidate's or public official's political committee that does not have the prior written consent of the candidate or public official may not be considered an in-kind donation and is not required to be reported by the candidate's or public official's political committee to the State Board of Elections. Provides that an expenditure made by a natural person or political committee for an electioneering communication or to expressly advocate for or against a public official or candidate may not be considered an independent expenditure if the communication or advocacy uses the public official's or candidate's campaign materials or information. Provides content and conduct standards for independent expenditures. Makes conforming changes.


LRB102 14081 SMS 19433 b

 

 

A BILL FOR

 

HB3482LRB102 14081 SMS 19433 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
5Sections 9-8.5 and 9-8.6 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

 

 

HB3482- 2 -LRB102 14081 SMS 19433 b

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    (c) During an election cycle, a political party committee
22may not accept contributions with an aggregate value over the
23following: (i) $10,000 from any individual, (ii) $20,000 from
24any corporation, labor organization, or association, or (iii)
25$50,000 from a political action committee. A political party
26committee may accept contributions in any amount from another

 

 

HB3482- 3 -LRB102 14081 SMS 19433 b

1political party committee or a candidate political committee,
2except as provided in subsection (c-5). Nothing in this
3Section shall limit the amounts that may be transferred
4between a political party committee established under
5subsection (a) of Section 7-8 of this Code and an affiliated
6federal political committee established under the Federal
7Election Code by the same political party. A political party
8committee may not accept contributions from a ballot
9initiative committee or from an independent expenditure
10committee. A political party committee established by a
11legislative caucus may not accept contributions from another
12political party committee established by a legislative caucus.
13    (c-5) During the period beginning on the date candidates
14may begin circulating petitions for a primary election and
15ending on the day of the primary election, a political party
16committee may not accept contributions with an aggregate value
17over $50,000 from a candidate political committee or political
18party committee. A political party committee may accept
19contributions in any amount from a candidate political
20committee or political party committee if the political party
21committee receiving the contribution filed a statement of
22nonparticipation in the primary as provided in subsection
23(c-10). The Task Force on Campaign Finance Reform shall study
24and make recommendations on the provisions of this subsection
25to the Governor and General Assembly by September 30, 2012.
26This subsection becomes inoperative on July 1, 2013 and

 

 

HB3482- 4 -LRB102 14081 SMS 19433 b

1thereafter no longer applies.
2    (c-10) A political party committee that does not intend to
3make contributions to candidates to be nominated at a general
4primary election or consolidated primary election may file a
5Statement of Nonparticipation in a Primary Election with the
6Board. The Statement of Nonparticipation shall include a
7verification signed by the chairperson and treasurer of the
8committee that (i) the committee will not make contributions
9or coordinated expenditures in support of or opposition to a
10candidate or candidates to be nominated at the general primary
11election or consolidated primary election (select one) to be
12held on (insert date), (ii) the political party committee may
13accept unlimited contributions from candidate political
14committees and political party committees, provided that the
15political party committee does not make contributions to a
16candidate or candidates to be nominated at the primary
17election, and (iii) failure to abide by these requirements
18shall deem the political party committee in violation of this
19Article and subject the committee to a fine of no more than
20150% of the total contributions or coordinated expenditures
21made by the committee in violation of this Article. This
22subsection becomes inoperative on July 1, 2013 and thereafter
23no longer applies.
24    (d) During an election cycle, a political action committee
25may not accept contributions with an aggregate value over the
26following: (i) $10,000 from any individual, (ii) $20,000 from

 

 

HB3482- 5 -LRB102 14081 SMS 19433 b

1any corporation, labor organization, political party
2committee, or association, or (iii) $50,000 from a political
3action committee or candidate political committee. A political
4action committee may not accept contributions from a ballot
5initiative committee or from an independent expenditure
6committee.
7    (e) A ballot initiative committee may accept contributions
8in any amount from any source, provided that the committee
9files the document required by Section 9-3 of this Article and
10files the disclosure reports required by the provisions of
11this Article.
12    (e-5) An independent expenditure committee may accept
13contributions in any amount from any source, provided that the
14committee files the document required by Section 9-3 of this
15Article and files the disclosure reports required by the
16provisions of this Article.
17    (f) Nothing in this Section shall prohibit a political
18committee from dividing the proceeds of joint fundraising
19efforts; provided that no political committee may receive more
20than the limit from any one contributor, and provided that an
21independent expenditure committee may not conduct joint
22fundraising efforts with a candidate political committee or a
23political party committee.
24    (g) On January 1 of each odd-numbered year, the State
25Board of Elections shall adjust the amounts of the
26contribution limitations established in this Section for

 

 

HB3482- 6 -LRB102 14081 SMS 19433 b

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

 

 

HB3482- 7 -LRB102 14081 SMS 19433 b

1treasurer of the candidate's committee. Notice shall also be
2sent by e-mail to the candidate and the treasurer of the
3candidate's committee if the candidate and the treasurer, as
4applicable, have provided the Board with an e-mail address.
5Upon posting of the notice on the Board's website, all
6candidates for that office, including the public official or
7candidate who filed a Notification of Self-funding, shall be
8permitted to accept contributions in excess of any
9contribution limits imposed by subsection (b). If a public
10official or candidate filed a Notification of Self-funding
11during an election cycle that includes a general primary
12election or consolidated primary election and that public
13official or candidate is nominated, all candidates for that
14office, including the nominee who filed the notification of
15self-funding, shall be permitted to accept contributions in
16excess of any contribution limit imposed by subsection (b) for
17the subsequent election cycle. For the purposes of this
18subsection, "immediate family" means the spouse, parent, or
19child of a public official or candidate.
20    (h-5) If a natural person or independent expenditure
21committee makes independent expenditures in support of or in
22opposition to the campaign of a particular public official or
23candidate in an aggregate amount of more than (i) $250,000 for
24statewide office or (ii) $100,000 for all other elective
25offices in an election cycle, as reported in a written
26disclosure filed under subsection (a) of Section 9-8.6 or

 

 

HB3482- 8 -LRB102 14081 SMS 19433 b

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

 

 

HB3482- 9 -LRB102 14081 SMS 19433 b

1notice to each candidate for the same office as the public
2official or candidate for whose benefit or detriment the
3independent expenditures were made. Notice shall be sent via
4first class mail to the candidate and the treasurer of the
5candidate's committee. Notice shall also be sent by e-mail to
6the candidate and the treasurer of the candidate's committee
7if the candidate and the treasurer, as applicable, have
8provided the Board with an e-mail address. Upon posting of the
9notice on the Board's website, all candidates of that office
10in that election, including the public official or candidate
11for whose benefit or detriment the independent expenditures
12were made, may accept contributions in excess of any
13contribution limits imposed by subsection (b).
14    (i) For the purposes of this Section, a corporation, labor
15organization, association, or a political action committee
16established by a corporation, labor organization, or
17association may act as a conduit in facilitating the delivery
18to a political action committee of contributions made through
19dues, levies, or similar assessments and the political action
20committee may report the contributions in the aggregate,
21provided that: (i) contributions made through dues, levies, or
22similar assessments paid by any natural person, corporation,
23labor organization, or association in a calendar year may not
24exceed the limits set forth in this Section; (ii) the
25corporation, labor organization, association, or a political
26action committee established by a corporation, labor

 

 

HB3482- 10 -LRB102 14081 SMS 19433 b

1organization, or association facilitating the delivery of
2contributions maintains a list of natural persons,
3corporations, labor organizations, and associations that paid
4the dues, levies, or similar assessments from which the
5contributions comprising the aggregate amount derive; and
6(iii) contributions made through dues, levies, or similar
7assessments paid by any natural person, corporation, labor
8organization, or association that exceed $500 in a quarterly
9reporting period shall be itemized on the committee's
10quarterly report and may not be reported in the aggregate. A
11political action committee facilitating the delivery of
12contributions or receiving contributions shall disclose the
13amount of contributions made through dues delivered or
14received and the name of the corporation, labor organization,
15association, or political action committee delivering the
16contributions, if applicable. On January 1 of each
17odd-numbered year, the State Board of Elections shall adjust
18the amounts of the contribution limitations established in
19this subsection for inflation as determined by the Consumer
20Price Index for All Urban Consumers as issued by the United
21States Department of Labor and rounded to the nearest $100.
22The State Board shall publish this information on its official
23website.
24    (j) A political committee that receives a contribution or
25transfer in violation of this Section shall dispose of the
26contribution or transfer by returning the contribution or

 

 

HB3482- 11 -LRB102 14081 SMS 19433 b

1transfer, or an amount equal to the contribution or transfer,
2to the contributor or transferor or donating the contribution
3or transfer, or an amount equal to the contribution or
4transfer, to a charity. A contribution or transfer received in
5violation of this Section that is not disposed of as provided
6in this subsection within 30 days after the Board sends
7notification to the political committee of the excess
8contribution by certified mail shall escheat to the General
9Revenue Fund and the political committee shall be deemed in
10violation of this Section and subject to a civil penalty not to
11exceed 150% of the total amount of the contribution.
12    (k) For the purposes of this Section, "statewide office"
13means the Governor, Lieutenant Governor, Attorney General,
14Secretary of State, Comptroller, and Treasurer.
15    (l) This Section is repealed if and when the United States
16Supreme Court invalidates contribution limits on committees
17formed to assist candidates, political parties, corporations,
18associations, or labor organizations established by or
19pursuant to federal law.
20(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
21    (10 ILCS 5/9-8.6)
22    Sec. 9-8.6. Independent expenditures.
23    (a) As used in this Section:
24    "Independent expenditure" means any payment, gift,
25donation, or expenditure of funds by a natural person or

 

 

HB3482- 12 -LRB102 14081 SMS 19433 b

1political committee expressly advocating for or against the
2nomination, election, retention, or defeat of a
3clearly-identified candidate or public official that is not
4made in coordination with and does not have the prior express
5written consent of the public official or candidate.
6    A communication is considered "in coordination with" a
7public official or candidate when the communication: (1) is
8paid for, in whole or in part, by a person other than the
9public official, candidate, the public official's or
10candidate's political committee, or a political party
11committee; (2) satisfies at least one of the content standards
12in subsection (d); and (3) satisfies at least one of the
13conduct standards in subsection (e).
14    (b) Any expenditure made by a third party to a candidate's
15or public official's political committee that does not have
16the prior written consent of the candidate or public official
17may not be considered an in-kind donation and is not required
18to be reported by the candidate's or public official's
19political committee to the State Board of Elections.
20    (c) An expenditure made by a natural person or political
21committee for an electioneering communication or to expressly
22advocate for or against the nomination for election, election,
23retention, or defeat of a clearly identifiable public official
24or candidate may not be considered an independent expenditure
25if the communication or advocacy republishes, disseminates, or
26shares campaign materials or information provided, designed,

 

 

HB3482- 13 -LRB102 14081 SMS 19433 b

1or prepared by the public official or candidate, the public
2official's or candidate's political committee, or the agent of
3the public official, candidate, or political committee or
4campaign, unless the campaign materials are based upon a
5candidate's or public official's response to an inquiry about
6that candidate's or public official's position on legislative
7or policy issues affecting the natural person or political
8committee making the expenditure, provided that the response
9to the inquiry does not include discussion of campaign needs,
10plans, strategy, or research.
11    (d) Any one of the following types of content satisfies
12the content standard of this Section, whether or not there is
13agreement or formal collaboration between the parties
14involved:
15        (1) a communication that expressly advocates the
16    election, nomination, retention, or defeat of a clearly
17    identified public official or candidate;
18        (2) a communication that is an electioneering
19    communication, as defined in Section 9-1.14;
20        (3) a public communication that republishes,
21    disseminates, or distributes, in whole or in part,
22    campaign materials prepared by a public official,
23    candidate, or the public official's or candidate's
24    political committee.
25    (e) Any one of the following types of conduct satisfies
26the conduct standard of this Section:

 

 

HB3482- 14 -LRB102 14081 SMS 19433 b

1        (1) the communication is created, produced, or
2    distributed at the request or suggestion of a public
3    official or candidate;
4        (2) the communication is created, produced, or
5    distributed at the suggestion of the person or committee
6    paying for the communication, and the public official or
7    candidate affirmatively assents to the suggestion;
8        (3) the public official or candidate is materially
9    involved in a decision regarding the content, intended
10    audience, means or mode of communication, specific media
11    outlet used, timing, frequency, size, or prominence of a
12    communication;
13        (4) if the communication is created, produced, or
14    distributed after one or more substantial discussions
15    about the communication between the person or committee
16    paying for the communication or the employees or agents of
17    that person and the public official or candidate; or
18        (5) if:
19            (A) the person paying for the communication or
20        someone who is affiliated with the payor of the
21        communication contracts with or employs a commercial
22        vendor to create, produce, or distribute the
23        communication;
24            (B) the commercial vendor, including any officer,
25        owner, or employee of the vendor, has a previous or
26        current relationship with the candidate or political

 

 

HB3482- 15 -LRB102 14081 SMS 19433 b

1        party committee that puts the commercial vendor in a
2        position to acquire information about the campaign
3        plans, projects, activities, or needs of the candidate
4        or political party committee; and
5            (C) the commercial vendor uses or conveys
6        information about the campaign plans, projects,
7        activities, or needs of the candidate or political
8        party committee, or information previously used by the
9        commercial vendor in serving the candidate or
10        political party committee, to the person paying for
11        the communication or someone who is affiliated with
12        the payor of the communication, and that information
13        is material to the creation, production, or
14        distribution of the communication.
15    (a) An independent expenditure is not considered a
16contribution to a political committee. An expenditure made by
17a natural person or political committee for an electioneering
18communication in connection, consultation, or concert with or
19at the request or suggestion of the public official or
20candidate, the public official's or candidate's candidate
21political committee, or the agent or agents of the public
22official, candidate, or political committee or campaign shall
23not be considered an independent expenditure but rather shall
24be considered a contribution to the public official's or
25candidate's candidate political committee.
26    A natural person who makes an independent expenditure

 

 

HB3482- 16 -LRB102 14081 SMS 19433 b

1supporting or opposing a public official or candidate that,
2alone or in combination with any other independent expenditure
3made by that natural person supporting or opposing that public
4official or candidate during any 12-month period, equals an
5aggregate value of at least $3,000 must file a written
6disclosure with the State Board of Elections within 2 business
7days after making any expenditure that results in the natural
8person meeting or exceeding the $3,000 threshold. A natural
9person who has made a written disclosure with the State Board
10of Elections shall have a continuing obligation to report
11further expenditures in relation to the same election, in
12$1,000 increments, to the State Board until the conclusion of
13that election. A natural person who makes an independent
14expenditure supporting or opposing a public official or
15candidate that, alone or in combination with any other
16independent expenditure made by that natural person supporting
17or opposing that public official or candidate during the
18election cycle, equals an aggregate value of more than (i)
19$250,000 for statewide office or (ii) $100,000 for all other
20elective offices must file a written disclosure with the State
21Board of Elections within 2 business days after making any
22expenditure that results in the natural person exceeding the
23applicable threshold. Each disclosure must identify the
24natural person, the public official or candidate supported or
25opposed, the date, amount, and nature of each independent
26expenditure, and the natural person's occupation and employer.

 

 

HB3482- 17 -LRB102 14081 SMS 19433 b

1    (b) Any entity other than a natural person that makes
2expenditures of any kind in an aggregate amount exceeding
3$3,000 during any 12-month period supporting or opposing a
4public official or candidate must organize as a political
5committee in accordance with this Article.
6    (c) Every political committee that makes independent
7expenditures must report all such independent expenditures as
8required under Section 9-10 of this Article.
9    (d) In the event that a political committee organized as
10an independent expenditure committee makes a contribution to
11any other political committee other than another independent
12expenditure committee or a ballot initiative committee, the
13State Board shall assess a fine equal to the amount of any
14contribution received in the preceding 2 years by the
15independent expenditure committee that exceeded the limits for
16a political action committee set forth in subsection (d) of
17Section 9-8.5.
18(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)