Full Text of HB3482 102nd General Assembly
HB3482ham001 102ND GENERAL ASSEMBLY | Rep. Denyse Stoneback Filed: 3/19/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3482
| 2 | | AMENDMENT NO. ______. Amend House Bill 3482 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 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 | 9 | | contributions except as provided in this Section. | 10 | | (b) During an election cycle, a candidate political | 11 | | committee may not accept contributions with an aggregate value | 12 | | over the following: (i) $5,000 from any individual, (ii) | 13 | | $10,000 from any corporation, labor organization, or | 14 | | association, or (iii) $50,000 from a candidate political | 15 | | committee or political action committee. A candidate political | 16 | | committee may accept contributions in any amount from a |
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| 1 | | political party committee except during an election cycle in | 2 | | which the candidate seeks nomination at a primary election. | 3 | | During an election cycle in which the candidate seeks | 4 | | nomination at a primary election, a candidate political | 5 | | committee may not accept contributions from political party | 6 | | committees with an aggregate value over the following: (i) | 7 | | $200,000 for a candidate political committee established to | 8 | | support a candidate seeking nomination to statewide office, | 9 | | (ii) $125,000 for a candidate political committee established | 10 | | to support a candidate seeking nomination to the Senate, the | 11 | | Supreme Court or Appellate Court in the First Judicial | 12 | | District, or an office elected by all voters in a county with | 13 | | 1,000,000 or more residents, (iii) $75,000 for a candidate | 14 | | political committee established to support a candidate seeking | 15 | | nomination to the House of Representatives, the Supreme Court | 16 | | or Appellate Court for a Judicial District other than the | 17 | | First Judicial District, an office elected by all voters of a | 18 | | county of fewer than 1,000,000 residents, and municipal and | 19 | | county offices in Cook County other than those elected by all | 20 | | voters of Cook County, and (iv) $50,000 for a candidate | 21 | | political committee established to support the nomination of a | 22 | | candidate to any other office.
A candidate political committee | 23 | | established to elect a candidate to the General Assembly may | 24 | | accept contributions from only one legislative caucus | 25 | | committee. A candidate political committee may not accept | 26 | | contributions from a ballot initiative committee or from an
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| 1 | | independent expenditure committee. | 2 | | (c) During an election cycle, a political party committee | 3 | | may not accept contributions with an aggregate value over the | 4 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 5 | | any corporation, labor organization, or association, or (iii) | 6 | | $50,000 from a political action committee. A political party | 7 | | committee may accept contributions in any amount from another | 8 | | political party committee or a candidate political committee, | 9 | | except as provided in subsection (c-5). Nothing in this | 10 | | Section shall limit the amounts that may be transferred | 11 | | between a political party committee established under | 12 | | subsection (a) of Section 7-8 of this Code and an affiliated | 13 | | federal political committee established under the Federal | 14 | | Election Code by the same political party. A political party | 15 | | committee may not accept contributions from a ballot | 16 | | initiative committee or from an
independent expenditure | 17 | | committee. A political party committee established by a | 18 | | legislative caucus may not accept contributions from another | 19 | | political party committee established by a legislative caucus. | 20 | | (c-5) During the period beginning on the date candidates | 21 | | may begin circulating petitions for a primary election and | 22 | | ending on the day of the primary election, a political party | 23 | | committee may not accept contributions with an aggregate value | 24 | | over $50,000 from a candidate political committee or political | 25 | | party committee. A political party committee may accept | 26 | | contributions in any amount from a candidate political |
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| 1 | | committee or political party committee if the political party | 2 | | committee receiving the contribution filed a statement of | 3 | | nonparticipation in the primary as provided in subsection | 4 | | (c-10). The Task Force on Campaign Finance Reform shall study | 5 | | and make recommendations on the provisions of this subsection | 6 | | to the Governor and General Assembly by September 30, 2012. | 7 | | This subsection becomes inoperative on July 1, 2013 and | 8 | | thereafter no longer applies. | 9 | | (c-10) A political party committee that does not intend to | 10 | | make contributions to candidates to be nominated at a general | 11 | | primary election or consolidated primary election may file a | 12 | | Statement of Nonparticipation in a Primary Election with the | 13 | | Board. The Statement of Nonparticipation shall include a | 14 | | verification signed by the chairperson and treasurer of the | 15 | | committee that (i) the committee will not make contributions | 16 | | or coordinated expenditures in support of or opposition to a | 17 | | candidate or candidates to be nominated at the general primary | 18 | | election or consolidated primary election (select one) to be | 19 | | held on (insert date), (ii) the political party committee may | 20 | | accept unlimited contributions from candidate political | 21 | | committees and political party committees, provided that the | 22 | | political party committee does not make contributions to a | 23 | | candidate or candidates to be nominated at the primary | 24 | | election, and (iii) failure to abide by these requirements | 25 | | shall deem the political party committee in violation of this | 26 | | Article and subject the committee to a fine of no more than |
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| 1 | | 150% of the total contributions or coordinated expenditures | 2 | | made by the committee in violation of this Article. This | 3 | | subsection becomes inoperative on July 1, 2013 and thereafter | 4 | | no longer applies. | 5 | | (d) During an election cycle, a political action committee | 6 | | may not accept contributions with an aggregate value over the | 7 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 8 | | any corporation, labor organization, political party | 9 | | committee, or association, or (iii) $50,000 from a political | 10 | | action committee or candidate political committee. A political | 11 | | action committee may not accept contributions from a ballot | 12 | | initiative committee or from an
independent expenditure | 13 | | committee. | 14 | | (e) A ballot initiative committee may accept contributions | 15 | | in any amount from any source, provided that the committee | 16 | | files the document required by Section 9-3 of this Article and | 17 | | files the disclosure reports required by the provisions of | 18 | | this Article. | 19 | | (e-5) An independent expenditure committee may accept | 20 | | contributions in any amount from any source, provided that the | 21 | | committee files the document required by Section 9-3 of this | 22 | | Article and files the disclosure reports required by the | 23 | | provisions of this Article. | 24 | | (f) Nothing in this Section shall prohibit a political | 25 | | committee from dividing the proceeds of joint fundraising | 26 | | efforts; provided that no political committee may receive more |
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| 1 | | than the limit from any one contributor, and provided that an | 2 | | independent
expenditure committee may not conduct joint | 3 | | fundraising efforts with a
candidate political committee or a | 4 | | political party committee. | 5 | | (g) On January 1 of each odd-numbered year, the State | 6 | | Board of Elections shall adjust the amounts of the | 7 | | contribution limitations established in this Section for | 8 | | inflation as determined by the Consumer Price Index for All | 9 | | Urban Consumers as issued by the United States Department of | 10 | | Labor and rounded to the nearest $100. The State Board shall | 11 | | publish this information on its official website. | 12 | | (h) Self-funding candidates. If a public official, a | 13 | | candidate, or the public official's or candidate's immediate | 14 | | family contributes or loans to the public official's or | 15 | | candidate's political committee or to other political | 16 | | committees that transfer funds to the public official's or | 17 | | candidate's political committee or makes independent | 18 | | expenditures for the benefit of the public official's or | 19 | | candidate's campaign during the 12 months prior to an election | 20 | | in an aggregate amount of more than (i) $250,000 for statewide | 21 | | office or (ii) $100,000 for all other elective offices, then | 22 | | the public official or candidate shall file with the State | 23 | | Board of Elections, within one day, a Notification of | 24 | | Self-funding that shall detail each contribution or loan made | 25 | | by the public official, the candidate, or the public | 26 | | official's or candidate's immediate family. Within 2 business |
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| 1 | | days after the filing of a Notification of Self-funding, the | 2 | | notification shall be posted on the Board's website and the | 3 | | Board shall give official notice of the filing to each | 4 | | candidate for the same office as the public official or | 5 | | candidate making the filing, including the public official or | 6 | | candidate filing the Notification of Self-funding. Notice | 7 | | shall be sent via first class mail to the candidate and the | 8 | | treasurer of the candidate's committee. Notice shall also be | 9 | | sent by e-mail to the candidate and the treasurer of the | 10 | | candidate's committee if the candidate and the treasurer, as | 11 | | applicable, have provided the Board with an e-mail address. | 12 | | Upon posting of the notice on the Board's website, all | 13 | | candidates for that office, including the public official or | 14 | | candidate who filed a Notification of Self-funding, shall be | 15 | | permitted to accept contributions in excess of any | 16 | | contribution limits imposed by subsection (b). If a public | 17 | | official or candidate filed a Notification of Self-funding | 18 | | during an election cycle that includes a general primary | 19 | | election or consolidated primary election and that public | 20 | | official or candidate is nominated, all candidates for that | 21 | | office, including the nominee who filed the notification of | 22 | | self-funding, shall be permitted to accept contributions in | 23 | | excess of any contribution limit imposed by subsection (b) for | 24 | | the subsequent election cycle. For the purposes of this | 25 | | subsection, "immediate family" means the spouse, parent, or | 26 | | child of a public official or candidate. |
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| 1 | | (h-5) If a natural person or independent expenditure | 2 | | committee makes independent expenditures in support of or in | 3 | | opposition to the campaign of a particular public official or | 4 | | candidate in an aggregate amount of more than (i) $250,000 for | 5 | | statewide office or (ii) $100,000 for all other elective | 6 | | offices in an election cycle, as reported in a written | 7 | | disclosure filed under subsection (a) of Section 9-8.6 or | 8 | | subsection (e-5) of Section 9-10, then the State Board of | 9 | | Elections shall, within 2 business days after the filing of | 10 | | the disclosure, post the disclosure on the Board's website and | 11 | | give official notice of the disclosure to each candidate for | 12 | | the same office as the public official or candidate for whose | 13 | | benefit or detriment the natural person or independent | 14 | | expenditure committee made independent expenditures. Upon | 15 | | posting of the notice on the Board's website, all candidates | 16 | | for that office in that election, including the public | 17 | | official or candidate for whose benefit or detriment the | 18 | | natural person or independent expenditure committee made | 19 | | independent expenditures, shall be permitted to accept | 20 | | contributions in excess of any contribution limits imposed by | 21 | | subsection (b). | 22 | | (h-10) If the State Board of Elections receives | 23 | | notification or determines that a natural person or persons, | 24 | | an independent expenditure committee or committees, or | 25 | | combination thereof has made independent expenditures in | 26 | | support of or in opposition to the campaign of a particular |
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| 1 | | public official or candidate in an aggregate amount of more | 2 | | than (i) $250,000 for statewide office or (ii) $100,000 for | 3 | | all other elective offices in an election cycle, then the | 4 | | Board shall, within 2 business days after discovering the | 5 | | independent expenditures that, in the aggregate, exceed the | 6 | | threshold set forth in (i) and (ii) of this subsection, post | 7 | | notice of this fact on the Board's website and give official | 8 | | notice to each candidate for the same office as the public | 9 | | official or candidate for whose benefit or detriment the | 10 | | independent expenditures were made. Notice shall be sent via | 11 | | first class mail to the candidate and the treasurer of the | 12 | | candidate's committee. Notice shall also be sent by e-mail to | 13 | | the candidate and the treasurer of the candidate's committee | 14 | | if the candidate and the treasurer, as applicable, have | 15 | | provided the Board with an e-mail address. Upon posting of the | 16 | | notice on the Board's website, all candidates of that office | 17 | | in that election, including the public official or candidate | 18 | | for whose benefit or detriment the independent expenditures | 19 | | were made, may accept contributions in excess of any | 20 | | contribution limits imposed by subsection (b). | 21 | | (i) For the purposes of this Section, a corporation, labor | 22 | | organization, association, or a political action committee | 23 | | established by a corporation, labor organization, or | 24 | | association may act as a conduit in facilitating the delivery | 25 | | to a political action committee of contributions made through | 26 | | dues, levies, or similar assessments and the political action |
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| 1 | | committee may report the contributions in the aggregate, | 2 | | provided that: (i) contributions made through dues, levies, or | 3 | | similar assessments paid by any natural person, corporation, | 4 | | labor organization, or association in a calendar year may not | 5 | | exceed the limits set forth in this Section; (ii) the | 6 | | corporation, labor organization, association, or a political | 7 | | action committee established by a corporation, labor | 8 | | organization, or association facilitating the delivery of | 9 | | contributions maintains a list of natural persons, | 10 | | corporations, labor organizations, and associations that paid | 11 | | the dues, levies, or similar assessments from which the | 12 | | contributions comprising the aggregate amount derive; and | 13 | | (iii) contributions made through dues, levies, or similar | 14 | | assessments paid by any natural person, corporation, labor | 15 | | organization, or association that exceed $500 in a quarterly | 16 | | reporting period shall be itemized on the committee's | 17 | | quarterly report and may not be reported in the aggregate. A | 18 | | political action committee facilitating the delivery of | 19 | | contributions or receiving contributions shall disclose the | 20 | | amount of contributions made through dues delivered or | 21 | | received and the name of the corporation, labor organization, | 22 | | association, or political action committee delivering the | 23 | | contributions, if applicable. On January 1 of each | 24 | | odd-numbered year, the State Board of Elections shall adjust | 25 | | the amounts of the contribution limitations established in | 26 | | this subsection for inflation as determined by the Consumer |
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| 1 | | Price Index for All Urban Consumers as issued by the United | 2 | | States Department of Labor and rounded to the nearest $100. | 3 | | The State Board shall publish this information on its official | 4 | | website. | 5 | | (j) A political committee that receives a contribution or | 6 | | transfer in violation of this Section shall dispose of the | 7 | | contribution or transfer by returning the contribution or | 8 | | transfer, or an amount equal to the contribution or transfer, | 9 | | to the contributor or transferor or donating the contribution | 10 | | or transfer, or an amount equal to the contribution or | 11 | | transfer, to a charity. A contribution or transfer received in | 12 | | violation of this Section that is not disposed of as provided | 13 | | in this subsection within 30 days after the Board sends | 14 | | notification to the political committee of the excess | 15 | | contribution by certified mail shall escheat to the General | 16 | | Revenue Fund and the political committee shall be deemed in | 17 | | violation of this Section and subject to a civil penalty not to | 18 | | exceed 150% of the total amount of the contribution. | 19 | | (k) For the purposes of this Section, "statewide office" | 20 | | means the Governor, Lieutenant Governor, Attorney General, | 21 | | Secretary of State, Comptroller, and Treasurer. | 22 | | (l) This Section is repealed if and when the United States | 23 | | Supreme Court invalidates contribution limits on committees | 24 | | formed to assist candidates, political parties, corporations, | 25 | | associations, or labor organizations established by or | 26 | | pursuant to federal law.
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| 1 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) | 2 | | (10 ILCS 5/9-8.6)
| 3 | | Sec. 9-8.6. Independent expenditures. | 4 | | (a) An independent expenditure is not considered a | 5 | | contribution to a political committee. An expenditure made by | 6 | | a natural person or political committee for an electioneering | 7 | | communication in connection, consultation, or concert with or | 8 | | at the request or suggestion of the public official or | 9 | | candidate, the public official's or candidate's candidate | 10 | | political committee, or the agent or agents of the public | 11 | | official, candidate, or political committee or campaign shall | 12 | | not be considered an independent expenditure but rather shall | 13 | | be considered a contribution to the public official's or | 14 | | candidate's candidate political committee. A natural person | 15 | | who makes an independent expenditure supporting or opposing a | 16 | | public official or candidate that, alone or in combination | 17 | | with any other independent expenditure made by that natural | 18 | | person supporting or opposing that public official or | 19 | | candidate during any 12-month period, equals an aggregate | 20 | | value of at least $3,000 must file a written disclosure with | 21 | | the State Board of Elections within 2 business days after | 22 | | making any expenditure that results in the natural person | 23 | | meeting or exceeding the $3,000 threshold. A natural person | 24 | | who
has made a written disclosure with the State Board of | 25 | | Elections shall have a continuing
obligation to report further |
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| 1 | | expenditures in relation to the same election, in $1,000
| 2 | | increments, to the State Board until the conclusion of that | 3 | | election. A natural person who makes an independent | 4 | | expenditure supporting or opposing a public official or | 5 | | candidate that, alone or in combination with any other | 6 | | independent expenditure made by that natural person supporting | 7 | | or opposing that public official or candidate during the | 8 | | election cycle, equals an aggregate value of more than (i) | 9 | | $250,000 for statewide office or (ii) $100,000 for all other | 10 | | elective offices must file a written disclosure with the State | 11 | | Board of Elections within 2 business days after making any | 12 | | expenditure that results in the natural person exceeding the | 13 | | applicable threshold. Each disclosure must identify the | 14 | | natural person, the public official or candidate supported or | 15 | | opposed, the date, amount, and nature of each independent | 16 | | expenditure, and the natural person's occupation and employer. | 17 | | (b) Any entity other than a natural person that makes | 18 | | expenditures of any kind in an aggregate amount exceeding | 19 | | $3,000 during any 12-month period supporting or opposing a | 20 | | public official or candidate must organize as a political | 21 | | committee in accordance with this Article. | 22 | | (c) Every political committee that makes independent | 23 | | expenditures must report all such independent expenditures as | 24 | | required under Section 9-10 of this Article. | 25 | | (d) In the event that a political committee organized as | 26 | | an independent
expenditure committee makes a contribution to |
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| 1 | | any other political committee
other than another independent | 2 | | expenditure committee or a ballot initiative
committee, the | 3 | | State Board shall assess a fine equal to the amount of any | 4 | | contribution
received in the preceding 2 years by the | 5 | | independent expenditure committee
that exceeded the limits for | 6 | | a political action committee set forth in subsection (d) of | 7 | | Section 9-8.5.
| 8 | | (e) As used in this Section: | 9 | | "Independent expenditure" means any payment, gift, | 10 | | donation, or expenditure of funds by a natural person or | 11 | | political committee expressly advocating for or against the | 12 | | nomination, election, retention, or defeat of a | 13 | | clearly-identified candidate or public official that is not | 14 | | made in coordination with and does not have the prior express | 15 | | written consent of the public official or candidate. | 16 | | A communication is considered "in coordination with" a | 17 | | public official or candidate when the communication: (1) is | 18 | | paid for, in whole or in part, by a person other than the | 19 | | public official, candidate, the public official's or | 20 | | candidate's political committee, or a political party | 21 | | committee; (2) satisfies at least one of the content standards | 22 | | in subsection (h); and (3) satisfies at least one of the | 23 | | conduct standards in subsection (i). | 24 | | (f) Any expenditure made by a third party to a candidate's | 25 | | or public official's political committee that does not have | 26 | | the prior written consent of the candidate or public official |
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| 1 | | may not be considered an in-kind donation and is not required | 2 | | to be reported by the candidate's or public official's | 3 | | political committee to the State Board of Elections. | 4 | | (g) An expenditure made by a natural person or political | 5 | | committee for an electioneering communication or to expressly | 6 | | advocate for or against the nomination for election, election, | 7 | | retention, or defeat of a clearly identifiable public official | 8 | | or candidate may not be considered an independent expenditure | 9 | | if the communication or advocacy republishes, disseminates, or | 10 | | shares campaign materials or information provided, designed, | 11 | | or prepared by the public official or candidate, the public | 12 | | official's or candidate's political committee, or the agent of | 13 | | the public official, candidate, or political committee or | 14 | | campaign, unless the campaign materials are based upon a | 15 | | candidate's or public official's response to an inquiry about | 16 | | that candidate's or public official's position on legislative | 17 | | or policy issues affecting the natural person or political | 18 | | committee making the expenditure, provided that the response | 19 | | to the inquiry does not include discussion of campaign needs, | 20 | | plans, strategy, or research. | 21 | | (h) Any
one of the following types of content satisfies | 22 | | the content standard of this
Section, whether or not there is | 23 | | agreement or formal collaboration between the
parties | 24 | | involved: | 25 | | (1) a communication that expressly advocates the | 26 | | election, nomination, retention,
or defeat of a clearly |
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| 1 | | identified public official or candidate; | 2 | | (2) a communication that is an electioneering | 3 | | communication, as defined in Section 9-1.14; | 4 | | (3) a public communication that republishes, | 5 | | disseminates, or distributes, in whole
or in part, | 6 | | campaign materials prepared by a public official, | 7 | | candidate, or the
public official's or candidate's | 8 | | political committee. | 9 | | (i) Any one of the following types of conduct satisfies | 10 | | the
conduct standard of this Section: | 11 | | (1) the communication is created, produced, or | 12 | | distributed at the request or
suggestion of a public | 13 | | official or candidate; | 14 | | (2) the communication is created, produced, or | 15 | | distributed at the suggestion of the
person or committee | 16 | | paying for the communication, and the public official or
| 17 | | candidate affirmatively assents to the suggestion; | 18 | | (3) the public official or candidate is materially | 19 | | involved in a decision regarding
the content, intended | 20 | | audience, means or mode of communication, specific media
| 21 | | outlet used, timing, frequency, size, or prominence of a | 22 | | communication; | 23 | | (4) if the communication is created, produced, or | 24 | | distributed after one or more
substantial discussions | 25 | | about the communication between the person or
committee | 26 | | paying for the communication or the employees or agents of |
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| 1 | | that
person and the public official or candidate; or | 2 | | (5) if: | 3 | | (A) the person paying for the communication or | 4 | | someone who is affiliated with the payor of the | 5 | | communication contracts with or employs a commercial | 6 | | vendor to create,
produce, or distribute the | 7 | | communication; | 8 | | (B) the commercial vendor, including
any officer, | 9 | | owner, or employee of the vendor, has a previous or | 10 | | current
relationship with the candidate or political | 11 | | party committee that puts the
commercial vendor in a | 12 | | position to acquire information about the campaign
| 13 | | plans, projects, activities, or needs of the candidate | 14 | | or political party
committee; and | 15 | | (C) the commercial vendor uses or conveys | 16 | | information about the
campaign plans, projects, | 17 | | activities, or needs of the candidate or political
| 18 | | party committee, or information previously used by the | 19 | | commercial vendor in
serving the candidate or | 20 | | political party committee, to the person paying for
| 21 | | the communication or someone who is affiliated with | 22 | | the payor of the
communication, and that information | 23 | | is material to the creation, production, or
| 24 | | distribution of the communication. | 25 | | (Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)".
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