Full Text of SB2827 103rd General Assembly
SB2827 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2827 Introduced 1/19/2024, by Sen. Neil Anderson - Sue Rezin - Jil Tracy SYNOPSIS AS INTRODUCED: | | 10 ILCS 5/7-12 | from Ch. 46, par. 7-12 | 10 ILCS 5/9-8.5 | | 10 ILCS 5/9-11 | from Ch. 46, par. 9-11 | 10 ILCS 5/9-23.5 | | 10 ILCS 5/9-35 | | 10 ILCS 5/10-6.1 | from Ch. 46, par. 10-6.1 | 10 ILCS 5/29B-10 | from Ch. 46, par. 29B-10; formerly Ch. 46, par. 1103 | 10 ILCS 5/29B-15 | from Ch. 46, par. 29B-15; formerly Ch. 46, par. 1104 | 10 ILCS 5/29B-20 | from Ch. 46, par. 29B-20; formerly Ch. 46, par. 1105 | 10 ILCS 5/9-45 rep. | | 30 ILCS 500/50-37 | |
| Amends the Election Code. Replaces some instances of annual or semi-annual reports with quarterly reports. In provisions relating to limitations on campaign contributions, removes provisions inoperative beginning July 1, 2013. Removes a reference to the dissolved Task Force on Campaign Finance Reform. Removes references to a temporary filing system effective through August 1, 2009. Removes references to specified committees and the county clerk in the Code of Fair Campaign Practices. Repeals provisions relating to contributions by a medical cannabis cultivation center or medical cannabis dispensary organization to any political action committee created by any medical cannabis cultivation center or dispensary organization to make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official. Amends the Illinois Procurement Code. Modifies the definition of "affiliated entity" and removes the definition of "sponsoring entity". |
| |
| | A BILL FOR |
| | | | SB2827 | | LRB103 35766 AWJ 65848 b |
|
| 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 changing | 5 | | Sections 7-12, 9-8.5, 9-11, 9-23.5, 9-35, 10-6.1, 29B-10, | 6 | | 29B-15, and 29B-20 as follows: | 7 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12) | 8 | | Sec. 7-12. All petitions for nomination shall be filed by | 9 | | mail or in person as follows: | 10 | | (1) Except as otherwise provided in this Code, where | 11 | | the nomination is to be made for a State, congressional, | 12 | | or judicial office, or for any office a nomination for | 13 | | which is made for a territorial division or district which | 14 | | comprises more than one county or is partly in one county | 15 | | and partly in another county or counties (including the | 16 | | Fox Metro Water Reclamation District), then, except as | 17 | | otherwise provided in this Section, such petition for | 18 | | nomination shall be filed in the principal office of the | 19 | | State Board of Elections not more than 113 and not less | 20 | | than 106 days prior to the date of the primary, but, in the | 21 | | case of petitions for nomination to fill a vacancy by | 22 | | special election in the office of representative in | 23 | | Congress from this State, such petition for nomination |
| | | SB2827 | - 2 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | shall be filed in the principal office of the State Board | 2 | | of Elections not more than 85 days and not less than 82 | 3 | | days prior to the date of the primary. | 4 | | Where a vacancy occurs in the office of Supreme, | 5 | | Appellate or Circuit Court Judge within the 3-week period | 6 | | preceding the 106th day before a general primary election, | 7 | | petitions for nomination for the office in which the | 8 | | vacancy has occurred shall be filed in the principal | 9 | | office of the State Board of Elections not more than 92 nor | 10 | | less than 85 days prior to the date of the general primary | 11 | | election. | 12 | | Where the nomination is to be made for delegates or | 13 | | alternate delegates to a national nominating convention, | 14 | | then such petition for nomination shall be filed in the | 15 | | principal office of the State Board of Elections not more | 16 | | than 113 and not less than 106 days prior to the date of | 17 | | the primary; provided, however, that if the rules or | 18 | | policies of a national political party conflict with such | 19 | | requirements for filing petitions for nomination for | 20 | | delegates or alternate delegates to a national nominating | 21 | | convention, the chair of the State central committee of | 22 | | such national political party shall notify the Board in | 23 | | writing, citing by reference the rules or policies of the | 24 | | national political party in conflict, and in such case the | 25 | | Board shall direct such petitions to be filed in | 26 | | accordance with the delegate selection plan adopted by the |
| | | SB2827 | - 3 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | state central committee of such national political party. | 2 | | (2) Where the nomination is to be made for a county | 3 | | office or trustee of a sanitary district then such | 4 | | petition shall be filed in the office of the county clerk | 5 | | not more than 113 nor less than 106 days prior to the date | 6 | | of the primary. | 7 | | (3) Where the nomination is to be made for a municipal | 8 | | or township office, such petitions for nomination shall be | 9 | | filed in the office of the local election official, not | 10 | | more than 99 nor less than 92 days prior to the date of the | 11 | | primary; provided, where a municipality's or township's | 12 | | boundaries are coextensive with or are entirely within the | 13 | | jurisdiction of a municipal board of election | 14 | | commissioners, the petitions shall be filed in the office | 15 | | of such board; and provided, that petitions for the office | 16 | | of multi-township assessor shall be filed with the | 17 | | election authority. | 18 | | (4) The petitions of candidates for State central | 19 | | committeeperson shall be filed in the principal office of | 20 | | the State Board of Elections not more than 113 nor less | 21 | | than 106 days prior to the date of the primary. | 22 | | (5) Petitions of candidates for precinct, township or | 23 | | ward committeepersons shall be filed in the office of the | 24 | | county clerk not more than 113 nor less than 106 days prior | 25 | | to the date of the primary. | 26 | | (6) The State Board of Elections and the various |
| | | SB2827 | - 4 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | election authorities and local election officials with | 2 | | whom such petitions for nominations are filed shall | 3 | | specify the place where filings shall be made and upon | 4 | | receipt shall endorse thereon the day and hour on which | 5 | | each petition was filed. All petitions filed by persons | 6 | | waiting in line as of 8:00 a.m. on the first day for | 7 | | filing, or as of the normal opening hour of the office | 8 | | involved on such day, shall be deemed filed as of 8:00 a.m. | 9 | | or the normal opening hour, as the case may be. Petitions | 10 | | filed by mail and received after midnight of the first day | 11 | | for filing and in the first mail delivery or pickup of that | 12 | | day shall be deemed as filed as of 8:00 a.m. of that day or | 13 | | as of the normal opening hour of such day, as the case may | 14 | | be. All petitions received thereafter shall be deemed as | 15 | | filed in the order of actual receipt. However, 2 or more | 16 | | petitions filed within the last hour of the filing | 17 | | deadline shall be deemed filed simultaneously. Where 2 or | 18 | | more petitions are received simultaneously, the State | 19 | | Board of Elections or the various election authorities or | 20 | | local election officials with whom such petitions are | 21 | | filed shall break ties and determine the order of filing, | 22 | | by means of a lottery or other fair and impartial method of | 23 | | random selection approved by the State Board of Elections. | 24 | | Such lottery shall be conducted within 9 days following | 25 | | the last day for petition filing and shall be open to the | 26 | | public. Seven days written notice of the time and place of |
| | | SB2827 | - 5 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | conducting such random selection shall be given by the | 2 | | State Board of Elections to the chair of the State central | 3 | | committee of each established political party, and by each | 4 | | election authority or local election official, to the | 5 | | County Chair of each established political party, and to | 6 | | each organization of citizens within the election | 7 | | jurisdiction which was entitled, under this Article, at | 8 | | the next preceding election, to have pollwatchers present | 9 | | on the day of election. The State Board of Elections, | 10 | | election authority or local election official shall post | 11 | | in a conspicuous, open and public place, at the entrance | 12 | | of the office, notice of the time and place of such | 13 | | lottery. The State Board of Elections shall adopt rules | 14 | | and regulations governing the procedures for the conduct | 15 | | of such lottery. All candidates shall be certified in the | 16 | | order in which their petitions have been filed. Where | 17 | | candidates have filed simultaneously, they shall be | 18 | | certified in the order determined by lot and prior to | 19 | | candidates who filed for the same office at a later time. | 20 | | (7) The State Board of Elections or the appropriate | 21 | | election authority or local election official with whom | 22 | | such a petition for nomination is filed shall notify the | 23 | | person for whom a petition for nomination has been filed | 24 | | of the obligation to file statements of organization, | 25 | | reports of campaign contributions, and quarterly annual | 26 | | reports of campaign contributions and expenditures under |
| | | SB2827 | - 6 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | Article 9 of this Code. Such notice shall be given in the | 2 | | manner prescribed by paragraph (7) of Section 9-16 of this | 3 | | Code. | 4 | | (8) Nomination papers filed under this Section are not | 5 | | valid if the candidate named therein fails to file a | 6 | | statement of economic interests as required by the | 7 | | Illinois Governmental Ethics Act in relation to his | 8 | | candidacy with the appropriate officer by the end of the | 9 | | period for the filing of nomination papers unless he has | 10 | | filed a statement of economic interests in relation to the | 11 | | same governmental unit with that officer within a year | 12 | | preceding the date on which such nomination papers were | 13 | | filed. If the nomination papers of any candidate and the | 14 | | statement of economic interest of that candidate are not | 15 | | required to be filed with the same officer, the candidate | 16 | | must file with the officer with whom the nomination papers | 17 | | are filed a receipt from the officer with whom the | 18 | | statement of economic interests is filed showing the date | 19 | | on which such statement was filed. Such receipt shall be | 20 | | so filed not later than the last day on which nomination | 21 | | papers may be filed. | 22 | | (9) Except as otherwise provided in this Code, any | 23 | | person for whom a petition for nomination, or for | 24 | | committeeperson or for delegate or alternate delegate to a | 25 | | national nominating convention has been filed may cause | 26 | | his name to be withdrawn by request in writing, signed by |
| | | SB2827 | - 7 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | him and duly acknowledged before an officer qualified to | 2 | | take acknowledgments of deeds, and filed in the principal | 3 | | or permanent branch office of the State Board of Elections | 4 | | or with the appropriate election authority or local | 5 | | election official, not later than the date of | 6 | | certification of candidates for the consolidated primary | 7 | | or general primary ballot. No names so withdrawn shall be | 8 | | certified or printed on the primary ballot. If petitions | 9 | | for nomination have been filed for the same person with | 10 | | respect to more than one political party, his name shall | 11 | | not be certified nor printed on the primary ballot of any | 12 | | party. If petitions for nomination have been filed for the | 13 | | same person for 2 or more offices which are incompatible | 14 | | so that the same person could not serve in more than one of | 15 | | such offices if elected, that person must withdraw as a | 16 | | candidate for all but one of such offices within the 5 | 17 | | business days following the last day for petition filing. | 18 | | A candidate in a judicial election may file petitions for | 19 | | nomination for only one vacancy in a subcircuit and only | 20 | | one vacancy in a circuit in any one filing period, and if | 21 | | petitions for nomination have been filed for the same | 22 | | person for 2 or more vacancies in the same circuit or | 23 | | subcircuit in the same filing period, his or her name | 24 | | shall be certified only for the first vacancy for which | 25 | | the petitions for nomination were filed. If he fails to | 26 | | withdraw as a candidate for all but one of such offices |
| | | SB2827 | - 8 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | within such time his name shall not be certified, nor | 2 | | printed on the primary ballot, for any office. For the | 3 | | purpose of the foregoing provisions, an office in a | 4 | | political party is not incompatible with any other office. | 5 | | (10)(a) Notwithstanding the provisions of any other | 6 | | statute, no primary shall be held for an established | 7 | | political party in any township, municipality, or ward | 8 | | thereof, where the nomination of such party for every | 9 | | office to be voted upon by the electors of such township, | 10 | | municipality, or ward thereof, is uncontested. Whenever a | 11 | | political party's nomination of candidates is uncontested | 12 | | as to one or more, but not all, of the offices to be voted | 13 | | upon by the electors of a township, municipality, or ward | 14 | | thereof, then a primary shall be held for that party in | 15 | | such township, municipality, or ward thereof; provided | 16 | | that the primary ballot shall not include those offices | 17 | | within such township, municipality, or ward thereof, for | 18 | | which the nomination is uncontested. For purposes of this | 19 | | Article, the nomination of an established political party | 20 | | of a candidate for election to an office shall be deemed to | 21 | | be uncontested where not more than the number of persons | 22 | | to be nominated have timely filed valid nomination papers | 23 | | seeking the nomination of such party for election to such | 24 | | office. | 25 | | (b) Notwithstanding the provisions of any other | 26 | | statute, no primary election shall be held for an |
| | | SB2827 | - 9 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | established political party for any special primary | 2 | | election called for the purpose of filling a vacancy in | 3 | | the office of representative in the United States Congress | 4 | | where the nomination of such political party for said | 5 | | office is uncontested. For the purposes of this Article, | 6 | | the nomination of an established political party of a | 7 | | candidate for election to said office shall be deemed to | 8 | | be uncontested where not more than the number of persons | 9 | | to be nominated have timely filed valid nomination papers | 10 | | seeking the nomination of such established party for | 11 | | election to said office. This subsection (b) shall not | 12 | | apply if such primary election is conducted on a regularly | 13 | | scheduled election day. | 14 | | (c) Notwithstanding the provisions in subparagraph (a) | 15 | | and (b) of this paragraph (10), whenever a person who has | 16 | | not timely filed valid nomination papers and who intends | 17 | | to become a write-in candidate for a political party's | 18 | | nomination for any office for which the nomination is | 19 | | uncontested files a written statement or notice of that | 20 | | intent with the State Board of Elections or the local | 21 | | election official with whom nomination papers for such | 22 | | office are filed, a primary ballot shall be prepared and a | 23 | | primary shall be held for that office. Such statement or | 24 | | notice shall be filed on or before the date established in | 25 | | this Article for certifying candidates for the primary | 26 | | ballot. Such statement or notice shall contain (i) the |
| | | SB2827 | - 10 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | name and address of the person intending to become a | 2 | | write-in candidate, (ii) a statement that the person is a | 3 | | qualified primary elector of the political party from whom | 4 | | the nomination is sought, (iii) a statement that the | 5 | | person intends to become a write-in candidate for the | 6 | | party's nomination, and (iv) the office the person is | 7 | | seeking as a write-in candidate. An election authority | 8 | | shall have no duty to conduct a primary and prepare a | 9 | | primary ballot for any office for which the nomination is | 10 | | uncontested unless a statement or notice meeting the | 11 | | requirements of this Section is filed in a timely manner. | 12 | | (11) If multiple sets of nomination papers are filed | 13 | | for a candidate to the same office, the State Board of | 14 | | Elections, appropriate election authority or local | 15 | | election official where the petitions are filed shall | 16 | | within 2 business days notify the candidate of his or her | 17 | | multiple petition filings and that the candidate has 3 | 18 | | business days after receipt of the notice to notify the | 19 | | State Board of Elections, appropriate election authority | 20 | | or local election official that he or she may cancel prior | 21 | | sets of petitions. If the candidate notifies the State | 22 | | Board of Elections, appropriate election authority or | 23 | | local election official, the last set of petitions filed | 24 | | shall be the only petitions to be considered valid by the | 25 | | State Board of Elections, election authority or local | 26 | | election official. If the candidate fails to notify the |
| | | SB2827 | - 11 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | State Board of Elections, election authority or local | 2 | | election official then only the first set of petitions | 3 | | filed shall be valid and all subsequent petitions shall be | 4 | | void. | 5 | | (12) All nominating petitions shall be available for | 6 | | public inspection and shall be preserved for a period of | 7 | | not less than 6 months. | 8 | | (Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21; | 9 | | 102-687, eff. 12-17-21.) | 10 | | (10 ILCS 5/9-8.5) | 11 | | Sec. 9-8.5. Limitations on campaign contributions. | 12 | | (a) It is unlawful for a political committee to accept | 13 | | contributions except as provided in this Section. | 14 | | (b) During an election cycle, a candidate political | 15 | | committee may not accept contributions with an aggregate value | 16 | | over the following: (i) $5,000 from any individual, (ii) | 17 | | $10,000 from any corporation, labor organization, or | 18 | | association, or (iii) $50,000 from a candidate political | 19 | | committee or political action committee. A candidate political | 20 | | committee may accept contributions in any amount from a | 21 | | political party committee except during an election cycle in | 22 | | which the candidate seeks nomination at a primary election. | 23 | | During an election cycle in which the candidate seeks | 24 | | nomination at a primary election, a candidate political | 25 | | committee may not accept contributions from political party |
| | | SB2827 | - 12 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | committees with an aggregate value over the following: (i) | 2 | | $200,000 for a candidate political committee established to | 3 | | support a candidate seeking nomination to statewide office, | 4 | | (ii) $125,000 for a candidate political committee established | 5 | | to support a candidate seeking nomination to the Senate, the | 6 | | Supreme Court or Appellate Court in the First Judicial | 7 | | District, or an office elected by all voters in a county with | 8 | | 1,000,000 or more residents, (iii) $75,000 for a candidate | 9 | | political committee established to support a candidate seeking | 10 | | nomination to the House of Representatives, the Supreme Court | 11 | | or Appellate Court for a Judicial District other than the | 12 | | First Judicial District, an office elected by all voters of a | 13 | | county of fewer than 1,000,000 residents, and municipal and | 14 | | county offices in Cook County other than those elected by all | 15 | | voters of Cook County, and (iv) $50,000 for a candidate | 16 | | political committee established to support the nomination of a | 17 | | candidate to any other office. A candidate political committee | 18 | | established to elect a candidate to the General Assembly may | 19 | | accept contributions from only one legislative caucus | 20 | | committee. A candidate political committee may not accept | 21 | | contributions from a ballot initiative committee or from an | 22 | | independent expenditure committee. | 23 | | (b-5) Judicial elections. | 24 | | (1) In addition to any other provision of this | 25 | | Section, a candidate political committee established to | 26 | | support or oppose a candidate seeking nomination to the |
| | | SB2827 | - 13 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | Supreme Court, Appellate Court, or Circuit Court may not: | 2 | | (A) accept contributions from any entity that does | 3 | | not disclose the identity of those who make | 4 | | contributions to the entity, except for contributions | 5 | | that are not required to be itemized by this Code; or | 6 | | (B) accept contributions from any out-of-state | 7 | | person, as defined in this Article. | 8 | | (1.1) In addition to any other provision of this | 9 | | Section, a political committee that is self-funding, as | 10 | | described in subsection (h) of this Section, and is | 11 | | established to support or oppose a candidate seeking | 12 | | nomination, election, or retention to the Supreme Court, | 13 | | the Appellate Court, or the Circuit Court may not accept | 14 | | contributions from any single person, other than the | 15 | | judicial candidate or the candidate's immediate family, in | 16 | | a cumulative amount that exceeds $500,000 in any election | 17 | | cycle. Any contribution in excess of the limits in this | 18 | | paragraph (1.1) shall escheat to the State of Illinois. | 19 | | Any political committee that receives such a contribution | 20 | | shall immediately forward the amount that exceeds $500,000 | 21 | | to the State Treasurer who shall deposit the funds into | 22 | | the State Treasury. | 23 | | (1.2) In addition to any other provision of this | 24 | | Section, an independent expenditure committee established | 25 | | to support or oppose a candidate seeking nomination, | 26 | | election, or retention to the Supreme Court, the Appellate |
| | | SB2827 | - 14 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | Court, or the Circuit Court may not accept contributions | 2 | | from any single person in a cumulative amount that exceeds | 3 | | $500,000 in any election cycle. Any contribution in excess | 4 | | of the limits in this paragraph (1.2) shall escheat to the | 5 | | State of Illinois. Any independent expenditure committee | 6 | | that receives such a contribution shall immediately | 7 | | forward the amount that exceeds $500,000 to the State | 8 | | Treasurer who shall deposit the funds into the State | 9 | | Treasury. | 10 | | (1.3) In addition to any other provision of this | 11 | | Section, if a political committee established to support | 12 | | or oppose a candidate seeking nomination, election, or | 13 | | retention to the Supreme Court, the Appellate Court, or | 14 | | the Circuit Court receives a contribution in excess of | 15 | | $500 from: (i) any committee that is not required to | 16 | | disclose its contributors under this Act; (ii) any | 17 | | association that is not required to disclose its | 18 | | contributors under this Act; or (iii) any other | 19 | | organization or group of persons that is not required to | 20 | | disclose its contributors under this Act, then that | 21 | | contribution shall be considered an anonymous contribution | 22 | | that shall escheat to the State, unless the political | 23 | | committee reports to the State Board of Elections all | 24 | | persons who have contributed in excess of $500 during the | 25 | | same election cycle to the committee, association, | 26 | | organization, or group making the contribution. Any |
| | | SB2827 | - 15 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | political committee that receives such a contribution and | 2 | | fails to report this information shall forward the | 3 | | contribution amount immediately to the State Treasurer who | 4 | | shall deposit the funds into the State Treasury. | 5 | | (2) As used in this subsection, "contribution" has the | 6 | | meaning provided in Section 9-1.4 and also includes the | 7 | | following that are subject to the limits of this Section: | 8 | | (A) expenditures made by any person in concert or | 9 | | cooperation with, or at the request or suggestion of, | 10 | | a candidate, his or her designated committee, or their | 11 | | agents; and | 12 | | (B) the financing by any person of the | 13 | | dissemination, distribution, or republication, in | 14 | | whole or in part, of any broadcast or any written, | 15 | | graphic, or other form of campaign materials prepared | 16 | | by the candidate, his or her campaign committee, or | 17 | | their designated agents. | 18 | | (3) As to contributions to a candidate political | 19 | | committee established to support a candidate seeking | 20 | | nomination to the Supreme Court, Appellate Court, or | 21 | | Circuit Court: | 22 | | (A) No person shall make a contribution in the | 23 | | name of another person or knowingly permit his or her | 24 | | name to be used to effect such a contribution. | 25 | | (B) No person shall knowingly accept a | 26 | | contribution made by one person in the name of another |
| | | SB2827 | - 16 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | person. | 2 | | (C) No person shall knowingly accept reimbursement | 3 | | from another person for a contribution made in his or | 4 | | her own name. | 5 | | (D) No person shall make an anonymous | 6 | | contribution. | 7 | | (E) No person shall knowingly accept any anonymous | 8 | | contribution. | 9 | | (F) No person shall predicate (1) any benefit, | 10 | | including, but not limited to, employment decisions, | 11 | | including hiring, promotions, bonus compensation, and | 12 | | transfers, or (2) any other gift, transfer, or | 13 | | emolument upon: | 14 | | (i) the decision by the recipient of that | 15 | | benefit to donate or not to donate to a candidate; | 16 | | or | 17 | | (ii) the amount of any such donation. | 18 | | (4) No judicial candidate or political committee | 19 | | established to support a candidate seeking nomination to | 20 | | the Supreme Court, Appellate Court, or Circuit Court shall | 21 | | knowingly accept any contribution or make any expenditure | 22 | | in violation of the provisions of this Section. No officer | 23 | | or employee of a political committee established to | 24 | | support a candidate seeking nomination to the Supreme | 25 | | Court, Appellate Court, or Circuit Court shall knowingly | 26 | | accept a contribution made for the benefit or use of a |
| | | SB2827 | - 17 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | candidate or knowingly make any expenditure in support of | 2 | | or opposition to a candidate or for electioneering | 3 | | communications in relation to a candidate in violation of | 4 | | any limitation designated for contributions and | 5 | | expenditures under this Section. | 6 | | (5) Where the provisions of this subsection (b-5) | 7 | | conflict with any other provision of this Code, this | 8 | | subsection (b-5) shall control. | 9 | | (c) During an election cycle, a political party committee | 10 | | may not accept contributions with an aggregate value over the | 11 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 12 | | any corporation, labor organization, or association, or (iii) | 13 | | $50,000 from a political action committee. A political party | 14 | | committee may accept contributions in any amount from another | 15 | | political party committee or a candidate political committee, | 16 | | except as provided in subsection (c-5). Nothing in this | 17 | | Section shall limit the amounts that may be transferred | 18 | | between a political party committee established under | 19 | | subsection (a) of Section 7-8 of this Code and an affiliated | 20 | | federal political committee established under the Federal | 21 | | Election Code by the same political party. A political party | 22 | | committee may not accept contributions from a ballot | 23 | | initiative committee or from an independent expenditure | 24 | | committee. A political party committee established by a | 25 | | legislative caucus may not accept contributions from another | 26 | | political party committee established by a legislative caucus. |
| | | SB2827 | - 18 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | (c-5) (Blank). During the period beginning on the date | 2 | | candidates may begin circulating petitions for a primary | 3 | | election and ending on the day of the primary election, a | 4 | | political party committee may not accept contributions with an | 5 | | aggregate value over $50,000 from a candidate political | 6 | | committee or political party committee. A political party | 7 | | committee may accept contributions in any amount from a | 8 | | candidate political committee or political party committee if | 9 | | the political party committee receiving the contribution filed | 10 | | a statement of nonparticipation in the primary as provided in | 11 | | subsection (c-10). The Task Force on Campaign Finance Reform | 12 | | shall study and make recommendations on the provisions of this | 13 | | subsection to the Governor and General Assembly by September | 14 | | 30, 2012. This subsection becomes inoperative on July 1, 2013 | 15 | | and thereafter no longer applies. | 16 | | (c-10) (Blank). A political party committee that does not | 17 | | intend to make contributions to candidates to be nominated at | 18 | | a general primary election or consolidated primary election | 19 | | may file a Statement of Nonparticipation in a Primary Election | 20 | | with the Board. The Statement of Nonparticipation shall | 21 | | include a verification signed by the chairperson and treasurer | 22 | | of the committee that (i) the committee will not make | 23 | | contributions or coordinated expenditures in support of or | 24 | | opposition to a candidate or candidates to be nominated at the | 25 | | general primary election or consolidated primary election | 26 | | (select one) to be held on (insert date), (ii) the political |
| | | SB2827 | - 19 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | party committee may accept unlimited contributions from | 2 | | candidate political committees and political party committees, | 3 | | provided that the political party committee does not make | 4 | | contributions to a candidate or candidates to be nominated at | 5 | | the primary election, and (iii) failure to abide by these | 6 | | requirements shall deem the political party committee in | 7 | | violation of this Article and subject the committee to a fine | 8 | | of no more than 150% of the total contributions or coordinated | 9 | | expenditures made by the committee in violation of this | 10 | | Article. This subsection becomes inoperative on July 1, 2013 | 11 | | and thereafter no longer applies. | 12 | | (d) During an election cycle, a political action committee | 13 | | may not accept contributions with an aggregate value over the | 14 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 15 | | any corporation, labor organization, political party | 16 | | committee, or association, or (iii) $50,000 from a political | 17 | | action committee or candidate political committee. A political | 18 | | action committee may not accept contributions from a ballot | 19 | | initiative committee or from an independent expenditure | 20 | | committee. | 21 | | (e) A ballot initiative committee may accept contributions | 22 | | in any amount from any source, provided that the committee | 23 | | files the document required by Section 9-3 of this Article and | 24 | | files the disclosure reports required by the provisions of | 25 | | this Article. | 26 | | (e-5) An independent expenditure committee may accept |
| | | SB2827 | - 20 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | contributions in any amount from any source, provided that the | 2 | | committee files the document required by Section 9-3 of this | 3 | | Article and files the disclosure reports required by the | 4 | | provisions of this Article. | 5 | | (e-10) A limited activity committee shall not accept | 6 | | contributions, except that the officer or a candidate the | 7 | | committee has designated to support may contribute personal | 8 | | funds in order to pay for maintenance expenses. A limited | 9 | | activity committee may only make expenditures that are: (i) | 10 | | necessary for maintenance of the committee; (ii) for rent or | 11 | | lease payments until the end of the lease in effect at the time | 12 | | the officer or candidate is confirmed by the Senate; (iii) | 13 | | contributions to 501(c)(3) charities; or (iv) returning | 14 | | contributions to original contributors. | 15 | | (f) Nothing in this Section shall prohibit a political | 16 | | committee from dividing the proceeds of joint fundraising | 17 | | efforts; provided that no political committee may receive more | 18 | | than the limit from any one contributor, and provided that an | 19 | | independent expenditure committee may not conduct joint | 20 | | fundraising efforts with a candidate political committee or a | 21 | | political party committee. | 22 | | (g) On January 1 of each odd-numbered year, the State | 23 | | Board of Elections shall adjust the amounts of the | 24 | | contribution limitations established in this Section for | 25 | | inflation as determined by the Consumer Price Index for All | 26 | | Urban Consumers as issued by the United States Department of |
| | | SB2827 | - 21 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | Labor and rounded to the nearest $100. The State Board shall | 2 | | publish this information on its official website. | 3 | | (h) Self-funding candidates. If a public official, a | 4 | | candidate, or the public official's or candidate's immediate | 5 | | family contributes or loans to the public official's or | 6 | | candidate's political committee or to other political | 7 | | committees that transfer funds to the public official's or | 8 | | candidate's political committee or makes independent | 9 | | expenditures for the benefit of the public official's or | 10 | | candidate's campaign during the 12 months prior to an election | 11 | | in an aggregate amount of more than (i) $250,000 for statewide | 12 | | office or (ii) $100,000 for all other elective offices, then | 13 | | the public official or candidate shall file with the State | 14 | | Board of Elections, within one day, a Notification of | 15 | | Self-funding that shall detail each contribution or loan made | 16 | | by the public official, the candidate, or the public | 17 | | official's or candidate's immediate family. Within 2 business | 18 | | days after the filing of a Notification of Self-funding, the | 19 | | notification shall be posted on the Board's website and the | 20 | | Board shall give official notice of the filing to each | 21 | | candidate for the same office as the public official or | 22 | | candidate making the filing, including the public official or | 23 | | candidate filing the Notification of Self-funding. Notice | 24 | | shall be sent via first class mail to the candidate and the | 25 | | treasurer of the candidate's committee. Notice shall also be | 26 | | sent by e-mail to the candidate and the treasurer of the |
| | | SB2827 | - 22 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | candidate's committee if the candidate and the treasurer, as | 2 | | applicable, have provided the Board with an e-mail address. | 3 | | Upon posting of the notice on the Board's website, all | 4 | | candidates for that office, including the public official or | 5 | | candidate who filed a Notification of Self-funding, shall be | 6 | | permitted to accept contributions in excess of any | 7 | | contribution limits imposed by subsection (b). If a public | 8 | | official or candidate filed a Notification of Self-funding | 9 | | during an election cycle that includes a general primary | 10 | | election or consolidated primary election and that public | 11 | | official or candidate is nominated, all candidates for that | 12 | | office, including the nominee who filed the notification of | 13 | | self-funding, shall be permitted to accept contributions in | 14 | | excess of any contribution limit imposed by subsection (b) for | 15 | | the subsequent election cycle. For the purposes of this | 16 | | subsection, "immediate family" means the spouse, parent, or | 17 | | child of a public official or candidate. | 18 | | (h-5) If a natural person or independent expenditure | 19 | | committee makes independent expenditures in support of or in | 20 | | opposition to the campaign of a particular public official or | 21 | | candidate in an aggregate amount of more than (i) $250,000 for | 22 | | statewide office or (ii) $100,000 for all other elective | 23 | | offices in an election cycle, as reported in a written | 24 | | disclosure filed under subsection (a) of Section 9-8.6 or | 25 | | subsection (e-5) of Section 9-10, then the State Board of | 26 | | Elections shall, within 2 business days after the filing of |
| | | SB2827 | - 23 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | the disclosure, post the disclosure on the Board's website and | 2 | | give official notice of the disclosure to each candidate for | 3 | | the same office as the public official or candidate for whose | 4 | | benefit or detriment the natural person or independent | 5 | | expenditure committee made independent expenditures. Upon | 6 | | posting of the notice on the Board's website, all candidates | 7 | | for that office in that election, including the public | 8 | | official or candidate for whose benefit or detriment the | 9 | | natural person or independent expenditure committee made | 10 | | independent expenditures, shall be permitted to accept | 11 | | contributions in excess of any contribution limits imposed by | 12 | | subsection (b). | 13 | | (h-10) If the State Board of Elections receives | 14 | | notification or determines that a natural person or persons, | 15 | | an independent expenditure committee or committees, or | 16 | | combination thereof has made independent expenditures in | 17 | | support of or in opposition to the campaign of a particular | 18 | | public official or candidate in an aggregate amount of more | 19 | | than (i) $250,000 for statewide office or (ii) $100,000 for | 20 | | all other elective offices in an election cycle, then the | 21 | | Board shall, within 2 business days after discovering the | 22 | | independent expenditures that, in the aggregate, exceed the | 23 | | threshold set forth in (i) and (ii) of this subsection, post | 24 | | notice of this fact on the Board's website and give official | 25 | | notice to each candidate for the same office as the public | 26 | | official or candidate for whose benefit or detriment the |
| | | SB2827 | - 24 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | independent expenditures were made. Notice shall be sent via | 2 | | first class mail to the candidate and the treasurer of the | 3 | | candidate's committee. Notice shall also be sent by e-mail to | 4 | | the candidate and the treasurer of the candidate's committee | 5 | | if the candidate and the treasurer, as applicable, have | 6 | | provided the Board with an e-mail address. Upon posting of the | 7 | | notice on the Board's website, all candidates of that office | 8 | | in that election, including the public official or candidate | 9 | | for whose benefit or detriment the independent expenditures | 10 | | were made, may accept contributions in excess of any | 11 | | contribution limits imposed by subsection (b). | 12 | | (i) For the purposes of this Section, a corporation, labor | 13 | | organization, association, or a political action committee | 14 | | established by a corporation, labor organization, or | 15 | | association may act as a conduit in facilitating the delivery | 16 | | to a political action committee of contributions made through | 17 | | dues, levies, or similar assessments and the political action | 18 | | committee may report the contributions in the aggregate, | 19 | | provided that: (i) contributions made through dues, levies, or | 20 | | similar assessments paid by any natural person, corporation, | 21 | | labor organization, or association in a calendar year may not | 22 | | exceed the limits set forth in this Section; (ii) the | 23 | | corporation, labor organization, association, or a political | 24 | | action committee established by a corporation, labor | 25 | | organization, or association facilitating the delivery of | 26 | | contributions maintains a list of natural persons, |
| | | SB2827 | - 25 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | corporations, labor organizations, and associations that paid | 2 | | the dues, levies, or similar assessments from which the | 3 | | contributions comprising the aggregate amount derive; and | 4 | | (iii) contributions made through dues, levies, or similar | 5 | | assessments paid by any natural person, corporation, labor | 6 | | organization, or association that exceed $1,000 in a quarterly | 7 | | reporting period shall be itemized on the committee's | 8 | | quarterly report and may not be reported in the aggregate. A | 9 | | political action committee facilitating the delivery of | 10 | | contributions or receiving contributions shall disclose the | 11 | | amount of contributions made through dues delivered or | 12 | | received and the name of the corporation, labor organization, | 13 | | association, or political action committee delivering the | 14 | | contributions, if applicable. On January 1 of each | 15 | | odd-numbered year, the State Board of Elections shall adjust | 16 | | the amounts of the contribution limitations established in | 17 | | this subsection for inflation as determined by the Consumer | 18 | | Price Index for All Urban Consumers as issued by the United | 19 | | States Department of Labor and rounded to the nearest $100. | 20 | | The State Board shall publish this information on its official | 21 | | website. | 22 | | (j) A political committee that receives a contribution or | 23 | | transfer in violation of this Section shall dispose of the | 24 | | contribution or transfer by returning the contribution or | 25 | | transfer, or an amount equal to the contribution or transfer, | 26 | | to the contributor or transferor or donating the contribution |
| | | SB2827 | - 26 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | or transfer, or an amount equal to the contribution or | 2 | | transfer, to a charity. A contribution or transfer received in | 3 | | violation of this Section that is not disposed of as provided | 4 | | in this subsection within 30 days after the Board sends | 5 | | notification to the political committee of the excess | 6 | | contribution by certified mail shall escheat to the General | 7 | | Revenue Fund and the political committee shall be deemed in | 8 | | violation of this Section and subject to a civil penalty not to | 9 | | exceed 150% of the total amount of the contribution. | 10 | | (k) For the purposes of this Section, "statewide office" | 11 | | means the Governor, Lieutenant Governor, Attorney General, | 12 | | Secretary of State, Comptroller, and Treasurer. | 13 | | (l) This Section is repealed if and when the United States | 14 | | Supreme Court invalidates contribution limits on committees | 15 | | formed to assist candidates, political parties, corporations, | 16 | | associations, or labor organizations established by or | 17 | | pursuant to federal law. | 18 | | (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21; | 19 | | 102-909, eff. 5-27-22.) | 20 | | (10 ILCS 5/9-11) (from Ch. 46, par. 9-11) | 21 | | Sec. 9-11. Financial reports. | 22 | | (a) Each quarterly report of campaign contributions, | 23 | | expenditures, and independent expenditures under Section 9-10 | 24 | | shall disclose the following: | 25 | | (1) the name and address of the political committee; |
| | | SB2827 | - 27 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | (2) the name and address of the person submitting the | 2 | | report on behalf of the committee, if other than the chair | 3 | | or treasurer; | 4 | | (3) the amount of funds on hand at the beginning of the | 5 | | reporting period; | 6 | | (4) the full name and mailing address of each person | 7 | | who has made one or more contributions to or for the | 8 | | committee within the reporting period in an aggregate | 9 | | amount or value in excess of $150, together with the | 10 | | amounts and dates of those contributions, and, if the | 11 | | contributor is an individual who contributed more than | 12 | | $500, the occupation and employer of the contributor or, | 13 | | if the occupation and employer of the contributor are | 14 | | unknown, a statement that the committee has made a good | 15 | | faith effort to ascertain this information; | 16 | | (5) the total sum of individual contributions made to | 17 | | or for the committee during the reporting period and not | 18 | | reported under item (4); | 19 | | (6) the name and address of each political committee | 20 | | from which the reporting committee received, or to which | 21 | | that committee made, any transfer of funds in the | 22 | | aggregate amount or value in excess of $150, together with | 23 | | the amounts and dates of all transfers; | 24 | | (7) the total sum of transfers made to or from the | 25 | | committee during the reporting period and not reported | 26 | | under item (6); |
| | | SB2827 | - 28 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | (8) each loan to or from any person, political | 2 | | committee, or financial institution within the reporting | 3 | | period by or to the committee in an aggregate amount or | 4 | | value in excess of $150, together with the full names and | 5 | | mailing addresses of the lender and endorsers, if any; the | 6 | | dates and amounts of the loans; and, if a lender or | 7 | | endorser is an individual who loaned or endorsed a loan of | 8 | | more than $500, the occupation and employer of that | 9 | | individual or, if the occupation and employer of the | 10 | | individual are unknown, a statement that the committee has | 11 | | made a good faith effort to ascertain this information; | 12 | | (9) the total amount of proceeds received by the | 13 | | committee from (i) the sale of tickets for each dinner, | 14 | | luncheon, cocktail party, rally, and other fund-raising | 15 | | events; (ii) mass collections made at those events; and | 16 | | (iii) sales of items such as political campaign pins, | 17 | | buttons, badges, flags, emblems, hats, banners, | 18 | | literature, and similar materials; | 19 | | (10) each contribution, rebate, refund, income from | 20 | | investments, or other receipt in excess of $150 received | 21 | | by the committee not otherwise listed under items (4) | 22 | | through (9) and, if the contributor is an individual who | 23 | | contributed more than $500, the occupation and employer of | 24 | | the contributor or, if the occupation and employer of the | 25 | | contributor are unknown, a statement that the committee | 26 | | has made a good faith effort to ascertain this |
| | | SB2827 | - 29 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | information; | 2 | | (11) the total sum of all receipts by or for the | 3 | | committee or candidate during the reporting period; | 4 | | (12) the full name and mailing address of each person | 5 | | to whom expenditures have been made by the committee or | 6 | | candidate within the reporting period in an aggregate | 7 | | amount or value in excess of $150; the amount, date, and | 8 | | purpose of each of those expenditures; and the question of | 9 | | public policy or the name and address of, and the office | 10 | | sought by, each candidate on whose behalf that expenditure | 11 | | was made; | 12 | | (13) the full name and mailing address of each person | 13 | | to whom an expenditure for personal services, salaries, | 14 | | and reimbursed expenses in excess of $150 has been made | 15 | | and that is not otherwise reported, including the amount, | 16 | | date, and purpose of the expenditure; | 17 | | (14) the value of each asset held as an investment, as | 18 | | of the final day of the reporting period; | 19 | | (15) the total sum of expenditures made by the | 20 | | committee during the reporting period; and | 21 | | (16) the full name and mailing address of each person | 22 | | to whom the committee owes debts or obligations in excess | 23 | | of $150 and the amount of those debts or obligations. | 24 | | For purposes of reporting campaign receipts and expenses, | 25 | | income from investments shall be included as receipts during | 26 | | the reporting period they are actually received. The gross |
| | | SB2827 | - 30 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | purchase price of each investment shall be reported as an | 2 | | expenditure at time of purchase. Net proceeds from the sale of | 3 | | an investment shall be reported as a receipt. During the | 4 | | period investments are held they shall be identified by name | 5 | | and quantity of security or instrument on each quarterly | 6 | | semi-annual report during the period. | 7 | | (b) Each report of a campaign contribution of $1,000 or | 8 | | more required under subsection (c) of Section 9-10 shall | 9 | | disclose the following: | 10 | | (1) the name and address of the political committee; | 11 | | (2) the name and address of the person submitting the | 12 | | report on behalf of the committee, if other than the chair | 13 | | or treasurer; and | 14 | | (3) the full name and mailing address of each person | 15 | | who has made a contribution of $1,000 or more. | 16 | | (c) Each quarterly report shall include the following | 17 | | information regarding any independent expenditures made during | 18 | | the reporting period: (1) the full name and mailing address of | 19 | | each person to whom an expenditure in excess of $150 has been | 20 | | made in connection with an independent expenditure; (2) the | 21 | | amount, date, and purpose of such expenditure; (3) a statement | 22 | | whether the independent expenditure was in support of or in | 23 | | opposition to a particular candidate; (4) the name of the | 24 | | candidate; (5) the office and, when applicable, district, | 25 | | sought by the candidate; and (6) a certification, under | 26 | | penalty of perjury, that such expenditure was not made in |
| | | SB2827 | - 31 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | cooperation, consultation, or concert with, or at the request | 2 | | or suggestion of, any candidate or any authorized committee or | 3 | | agent of such committee. The report shall also include (I) the | 4 | | total of all independent expenditures of $150 or less made | 5 | | during the reporting period and (II) the total amount of all | 6 | | independent expenditures made during the reporting period. | 7 | | (d) The Board shall by rule define a "good faith effort". | 8 | | The reports of campaign contributions filed under this | 9 | | Article shall be cumulative during the reporting period to | 10 | | which they relate. | 11 | | (e) Each report shall be verified, dated, and signed by | 12 | | either the treasurer of the political committee or the | 13 | | candidate on whose behalf the report is filed and shall | 14 | | contain the following verification: | 15 | | "I declare that this report (including any accompanying | 16 | | schedules and statements) has been examined by me and, to the | 17 | | best of my knowledge and belief, is a true, correct, and | 18 | | complete report as required by Article 9 of the Election Code. | 19 | | I understand that willfully filing a false or incomplete | 20 | | statement is subject to a civil penalty of up to $5,000.". | 21 | | (f) A political committee may amend a report filed under | 22 | | subsection (a) or (b). The Board may reduce or waive a fine if | 23 | | the amendment is due to a technical or inadvertent error and | 24 | | the political committee files the amended report, except that | 25 | | a report filed under subsection (b) must be amended within 5 | 26 | | business days. The State Board shall ensure that a description |
| | | SB2827 | - 32 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | of the amended information is available to the public. The | 2 | | Board may promulgate rules to enforce this subsection. | 3 | | (Source: P.A. 100-1027, eff. 1-1-19 .) | 4 | | (10 ILCS 5/9-23.5) | 5 | | Sec. 9-23.5. Public database of founded complaints. The | 6 | | State Board of Elections shall establish and maintain on its | 7 | | official website a searchable database, freely accessible to | 8 | | the public, of each complaint filed with the Board under this | 9 | | Article with respect to which Board action was taken, | 10 | | including all Board actions and penalties imposed, if any. The | 11 | | Board must update the database within 5 business days after an | 12 | | action is taken or a penalty is imposed to include that | 13 | | complaint, action, or penalty in the database. The Task Force | 14 | | on Campaign Finance Reform shall make recommendations on | 15 | | improving access to information related to founded complaints. | 16 | | (Source: P.A. 96-832, eff. 1-1-11 .) | 17 | | (10 ILCS 5/9-35) | 18 | | Sec. 9-35. Registration of business entities. | 19 | | (a) This Section governs the procedures for the | 20 | | registration required under Section 20-160 of the Illinois | 21 | | Procurement Code. | 22 | | For the purposes of this Section, the terms | 23 | | "officeholder", "State contract", "business entity", "State | 24 | | agency", "affiliated entity", and "affiliated person" have the |
| | | SB2827 | - 33 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | meanings ascribed to those terms in Section 50-37 of the | 2 | | Illinois Procurement Code. | 3 | | (b) Registration under Section 20-160 of the Illinois | 4 | | Procurement Code, and any changes to that registration, must | 5 | | be made electronically, and the State Board of Elections by | 6 | | rule shall provide for electronic registration ; except that | 7 | | the State Board may adopt emergency rules providing for a | 8 | | temporary filing system, effective through August 1, 2009, | 9 | | under which business entities must file the required | 10 | | registration forms provided by the Board via e-mail attachment | 11 | | in a PDF file or via another type of mail service and must | 12 | | receive from the State Board registration certificates via | 13 | | e-mail or paper registration certificates. The State Board | 14 | | shall retain the registrations submitted by business entities | 15 | | via e-mail or another type of mail service for at least 6 | 16 | | months following the establishment of the electronic | 17 | | registration system required by this subsection . | 18 | | Each registration must contain substantially the | 19 | | following: | 20 | | (1) The name and address of the business entity. | 21 | | (2) The name and address of any affiliated entity of | 22 | | the business entity, including a description of the | 23 | | affiliation. | 24 | | (3) The name and address of any affiliated person of | 25 | | the business entity, including a description of the | 26 | | affiliation. |
| | | SB2827 | - 34 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | (c) The Board shall provide a certificate of registration | 2 | | to the business entity. The certificate shall be electronic , | 3 | | except as otherwise provided in this Section, and accessible | 4 | | to the business entity through the State Board of Elections' | 5 | | website and protected by a password. Within 60 days after | 6 | | establishment of the electronic system, each business entity | 7 | | that submitted a registration via e-mail attachment or paper | 8 | | copy pursuant to this Section shall re-submit its registration | 9 | | electronically. At the time of re-submission, the State Board | 10 | | of Elections shall provide an electronic certificate of | 11 | | registration to that business entity. | 12 | | (d) Any business entity required to register under Section | 13 | | 20-160 of the Illinois Procurement Code shall provide a copy | 14 | | of the registration certificate, by first class mail or hand | 15 | | delivery within 10 days after registration, to each affiliated | 16 | | entity or affiliated person whose identity is required to be | 17 | | disclosed. Failure to provide notice to an affiliated entity | 18 | | or affiliated person is a business offense for which the | 19 | | business entity is subject to a fine not to exceed $1,001. | 20 | | (e) In addition to any penalty under Section 20-160 of the | 21 | | Illinois Procurement Code, intentional, willful, or material | 22 | | failure to disclose information required for registration is | 23 | | subject to a civil penalty imposed by the State Board of | 24 | | Elections. The State Board shall impose a civil penalty of | 25 | | $1,000 per business day for failure to update a registration. | 26 | | (f) Any business entity required to register under Section |
| | | SB2827 | - 35 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | 20-160 of the Illinois Procurement Code shall notify any | 2 | | political committee to which it makes a contribution, at the | 3 | | time of the contribution, that the business entity is | 4 | | registered with the State Board of Elections under Section | 5 | | 20-160 of the Illinois Procurement Code. Any affiliated entity | 6 | | or affiliated person of a business entity required to register | 7 | | under Section 20-160 of the Illinois Procurement Code shall | 8 | | notify any political committee to which it makes a | 9 | | contribution that it is affiliated with a business entity | 10 | | registered with the State Board of Elections under Section | 11 | | 20-160 of the Illinois Procurement Code. | 12 | | (g) The State Board of Elections on its official website | 13 | | shall have a searchable database containing (i) all | 14 | | information required to be submitted to the Board under | 15 | | Section 20-160 of the Illinois Procurement Code and (ii) all | 16 | | reports filed under this Article with the State Board of | 17 | | Elections by all political committees. For the purposes of | 18 | | databases maintained by the State Board of Elections, | 19 | | "searchable" means able to search by "political committee", as | 20 | | defined in this Article, and by "officeholder", "State | 21 | | agency", "business entity", "affiliated entity", and | 22 | | "affiliated person". The Board shall not place the name of a | 23 | | minor child on the website. However, the Board shall provide a | 24 | | link to all contributions made by anyone reporting the same | 25 | | residential address as any affiliated person. In addition, the | 26 | | State Board of Elections on its official website shall provide |
| | | SB2827 | - 36 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | an electronic connection to any searchable database of State | 2 | | contracts maintained by the Comptroller, searchable by | 3 | | business entity. | 4 | | (h) The State Board of Elections shall have rulemaking | 5 | | authority to implement this Section. | 6 | | (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.) | 7 | | (10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1) | 8 | | Sec. 10-6.1. The board or clerk with whom a certificate of | 9 | | nomination or nomination papers are filed shall notify the | 10 | | person for whom such papers are filed of the obligation to file | 11 | | statements of organization, reports of campaign contributions, | 12 | | and quarterly annual reports of campaign contributions and | 13 | | expenditures under Article 9 of this Act. Such notice shall be | 14 | | given in the manner prescribed by paragraph (7) of Section | 15 | | 9-16 of this Code. | 16 | | (Source: P.A. 81-1189.) | 17 | | (10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. | 18 | | 46, par. 1103) | 19 | | Sec. 29B-10. Code of Fair Campaign Practices. At the time | 20 | | a political committee, as defined in Article 9, files its | 21 | | statements of organization, the State Board of Elections , in | 22 | | the case of a state political committee or a political | 23 | | committee acting as both a state political committee and a | 24 | | local political committee, or the county clerk, in the case of |
| | | SB2827 | - 37 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | a local political committee, shall give the political | 2 | | committee a blank form of the Code of Fair Campaign Practices | 3 | | and a copy of the provisions of this Article. The State Board | 4 | | of Elections or county clerk shall inform each political | 5 | | committee that subscription to the Code is voluntary. The text | 6 | | of the Code shall read as follows: | 7 | | CODE OF FAIR CAMPAIGN PRACTICES | 8 | | There are basic principles of decency, honesty, and fair | 9 | | play that every candidate for public office in the State of | 10 | | Illinois has a moral obligation to observe and uphold, in | 11 | | order that, after vigorously contested but fairly conducted | 12 | | campaigns, our citizens may exercise their constitutional | 13 | | right to a free and untrammeled choice and the will of the | 14 | | people may be fully and clearly expressed on the issues. | 15 | | THEREFORE: | 16 | | (1) I will conduct my campaign openly and publicly, and | 17 | | limit attacks on my opponent to legitimate challenges to his | 18 | | record. | 19 | | (2) I will not use or permit the use of character | 20 | | defamation, whispering campaigns, libel, slander, or | 21 | | scurrilous attacks on any candidate or his personal or family | 22 | | life. | 23 | | (3) I will not use or permit any appeal to negative | 24 | | prejudice based on race, sex, sexual orientation, religion or | 25 | | national origin. | 26 | | (4) I will not use campaign material of any sort that |
| | | SB2827 | - 38 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | misrepresents, distorts, or otherwise falsifies the facts, nor | 2 | | will I use malicious or unfounded accusations that aim at | 3 | | creating or exploiting doubts, without justification, as to | 4 | | the personal integrity or patriotism of my opposition. | 5 | | (5) I will not undertake or condone any dishonest or | 6 | | unethical practice that tends to corrupt or undermine our | 7 | | American system of free elections or that hampers or prevents | 8 | | the full and free expression of the will of the voters. | 9 | | (6) I will defend and uphold the right of every qualified | 10 | | American voter to full and equal participation in the | 11 | | electoral process. | 12 | | (7) I will immediately and publicly repudiate methods and | 13 | | tactics that may come from others that I have pledged not to | 14 | | use or condone. I shall take firm action against any | 15 | | subordinate who violates any provision of this Code or the | 16 | | laws governing elections. | 17 | | I, the undersigned, candidate for election to public | 18 | | office in the State of Illinois or chair of a political | 19 | | committee in support of or opposition to a question of public | 20 | | policy, hereby voluntarily endorse, subscribe to, and solemnly | 21 | | pledge myself to conduct my campaign in accordance with the | 22 | | above principles and practices. | 23 | | .............. ...............................
| 24 | | Date Signature | 25 | | (Source: P.A. 100-1027, eff. 1-1-19 .) |
| | | SB2827 | - 39 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | (10 ILCS 5/29B-15) (from Ch. 46, par. 29B-15; formerly Ch. | 2 | | 46, par. 1104) | 3 | | Sec. 29B-15. Responsibility of State Board of Elections | 4 | | for printing and supplying of forms. The State Board of | 5 | | Elections shall print, or cause to be printed, copies of the | 6 | | Code of Fair Campaign Practices. The State Board of Elections | 7 | | shall supply the forms to the county clerks in quantities and | 8 | | at times requested by the clerks. | 9 | | (Source: P.A. 86-873; 87-1052.) | 10 | | (10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch. | 11 | | 46, par. 1105) | 12 | | Sec. 29B-20. Acceptance of completed forms; retentions for | 13 | | public inspection. The State Board of Elections and the county | 14 | | clerks shall accept, at all times prior to an election, all | 15 | | completed copies of the Code of Fair Campaign Practices that | 16 | | are properly subscribed to by a candidate or the chair of a | 17 | | political committee in support of or opposition to a question | 18 | | of public policy, and shall retain them for public inspection | 19 | | until 30 days after the election. | 20 | | (Source: P.A. 100-1027, eff. 1-1-19 .) | 21 | | (10 ILCS 5/9-45 rep.) | 22 | | Section 10. The Election Code is amended by repealing | 23 | | Section 9-45. |
| | | SB2827 | - 40 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | Section 15. The Illinois Procurement Code is amended by | 2 | | changing Section 50-37 as follows: | 3 | | (30 ILCS 500/50-37) | 4 | | Sec. 50-37. Prohibition of political contributions. | 5 | | (a) As used in this Section: | 6 | | The terms "contract", "State contract", and "contract | 7 | | with a State agency" each mean any contract, as defined in | 8 | | this Code, between a business entity and a State agency | 9 | | let or awarded pursuant to this Code. The terms | 10 | | "contract", "State contract", and "contract with a State | 11 | | agency" do not include cost reimbursement contracts; | 12 | | purchase of care agreements as defined in Section 1-15.68 | 13 | | of this Code; contracts for projects eligible for full or | 14 | | partial federal-aid funding reimbursements authorized by | 15 | | the Federal Highway Administration; grants, including but | 16 | | are not limited to grants for job training or | 17 | | transportation; and grants, loans, or tax credit | 18 | | agreements for economic development purposes. | 19 | | "Contribution" means a contribution as defined in | 20 | | Section 9-1.4 of the Election Code. | 21 | | "Declared candidate" means a person who has filed a | 22 | | statement of candidacy and petition for nomination or | 23 | | election in the principal office of the State Board of | 24 | | Elections. |
| | | SB2827 | - 41 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | "State agency" means and includes all boards, | 2 | | commissions, agencies, institutions, authorities, and | 3 | | bodies politic and corporate of the State, created by or | 4 | | in accordance with the Illinois Constitution or State | 5 | | statute, of the executive branch of State government and | 6 | | does include colleges, universities, public employee | 7 | | retirement systems, and institutions under the | 8 | | jurisdiction of the governing boards of the University of | 9 | | Illinois, Southern Illinois University, Illinois State | 10 | | University, Eastern Illinois University, Northern Illinois | 11 | | University, Western Illinois University, Chicago State | 12 | | University, Governors State University, Northeastern | 13 | | Illinois University, and the Illinois Board of Higher | 14 | | Education. | 15 | | "Officeholder" means the Governor, Lieutenant | 16 | | Governor, Attorney General, Secretary of State, | 17 | | Comptroller, or Treasurer. The Governor shall be | 18 | | considered the officeholder responsible for awarding all | 19 | | contracts by all officers and employees of, and potential | 20 | | contractors and others doing business with, executive | 21 | | branch State agencies under the jurisdiction of the | 22 | | Executive Ethics Commission and not within the | 23 | | jurisdiction of the Attorney General, the Secretary of | 24 | | State, the Comptroller, or the Treasurer. | 25 | | "Sponsoring entity" means a sponsoring entity as | 26 | | defined in Section 9-3 of the Election Code. |
| | | SB2827 | - 42 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | "Affiliated person" means (i) any person with any | 2 | | ownership interest or distributive share of the bidding or | 3 | | contracting business entity in excess of 7.5%, (ii) | 4 | | executive employees of the bidding or contracting business | 5 | | entity, and (iii) the spouse of any such persons. | 6 | | "Affiliated person" does not include a person prohibited | 7 | | by federal law from making contributions or expenditures | 8 | | in connection with a federal, state, or local election. | 9 | | "Affiliated entity" means (i) any corporate parent and | 10 | | each operating subsidiary of the bidding or contracting | 11 | | business entity, (ii) each operating subsidiary of the | 12 | | corporate parent of the bidding or contracting business | 13 | | entity, (iii) any organization recognized by the United | 14 | | States Internal Revenue Service as a tax-exempt | 15 | | organization described in Section 501(c) of the Internal | 16 | | Revenue Code of 1986 (or any successor provision of | 17 | | federal tax law) established by the bidding or contracting | 18 | | business entity, any affiliated entity of that business | 19 | | entity , or any affiliated person of that business entity , | 20 | | or (iv) (blank) any political committee for which the | 21 | | bidding or contracting business entity, or any 501(c) | 22 | | organization described in item (iii) related to that | 23 | | business entity, is the sponsoring entity. "Affiliated | 24 | | entity" does not include an entity prohibited by federal | 25 | | law from making contributions or expenditures in | 26 | | connection with a federal, state, or local election . |
| | | SB2827 | - 43 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | "Business entity" means any entity doing business for | 2 | | profit, whether organized as a corporation, partnership, | 3 | | sole proprietorship, limited liability company or | 4 | | partnership, or otherwise. | 5 | | "Executive employee" means (i) the President, | 6 | | Chairman, or Chief Executive Officer of a business entity | 7 | | and any other individual that fulfills equivalent duties | 8 | | as the President, Chairman of the Board, or Chief | 9 | | Executive Officer of a business entity; and (ii) any | 10 | | employee of a business entity whose compensation is | 11 | | determined directly, in whole or in part, by the award or | 12 | | payment of contracts by a State agency to the entity | 13 | | employing the employee. A regular salary that is paid | 14 | | irrespective of the award or payment of a contract with a | 15 | | State agency shall not constitute "compensation" under | 16 | | item (ii) of this definition. "Executive employee" does | 17 | | not include any person prohibited by federal law from | 18 | | making contributions or expenditures in connection with a | 19 | | federal, state, or local election. | 20 | | (b) Any business entity whose contracts with State | 21 | | agencies, in the aggregate, annually total more than $50,000, | 22 | | and any affiliated entities or affiliated persons of such | 23 | | business entity, are prohibited from making any contributions | 24 | | to any political committees established to promote the | 25 | | candidacy of (i) the officeholder responsible for awarding the | 26 | | contracts or (ii) any other declared candidate for that |
| | | SB2827 | - 44 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | office. This prohibition shall be effective for the duration | 2 | | of the term of office of the incumbent officeholder awarding | 3 | | the contracts or for a period of 2 years following the | 4 | | expiration or termination of the contracts, whichever is | 5 | | longer. | 6 | | (c) Any business entity whose aggregate pending bids and | 7 | | offers on State contracts total more than $50,000, or whose | 8 | | aggregate pending bids and offers on State contracts combined | 9 | | with the business entity's aggregate annual total value of | 10 | | State contracts exceed $50,000, and any affiliated entities or | 11 | | affiliated persons of such business entity, are prohibited | 12 | | from making any contributions to any political committee | 13 | | established to promote the candidacy of the officeholder | 14 | | responsible for awarding the contract on which the business | 15 | | entity has submitted a bid or offer during the period | 16 | | beginning on the date the invitation for bids, request for | 17 | | proposals, or any other procurement opportunity is issued and | 18 | | ending on the day after the date the contract is awarded. | 19 | | (c-5) For the purposes of the prohibitions under | 20 | | subsections (b) and (c) of this Section, (i) any contribution | 21 | | made to a political committee established to promote the | 22 | | candidacy of the Governor or a declared candidate for the | 23 | | office of Governor shall also be considered as having been | 24 | | made to a political committee established to promote the | 25 | | candidacy of the Lieutenant Governor, in the case of the | 26 | | Governor, or the declared candidate for Lieutenant Governor |
| | | SB2827 | - 45 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | having filed a joint petition, or write-in declaration of | 2 | | intent, with the declared candidate for Governor, as | 3 | | applicable, and (ii) any contribution made to a political | 4 | | committee established to promote the candidacy of the | 5 | | Lieutenant Governor or a declared candidate for the office of | 6 | | Lieutenant Governor shall also be considered as having been | 7 | | made to a political committee established to promote the | 8 | | candidacy of the Governor, in the case of the Lieutenant | 9 | | Governor, or the declared candidate for Governor having filed | 10 | | a joint petition, or write-in declaration of intent, with the | 11 | | declared candidate for Lieutenant Governor, as applicable. | 12 | | (d) All contracts between State agencies and a business | 13 | | entity that violate subsection (b) or (c) shall be voidable | 14 | | under Section 50-60. If a business entity violates subsection | 15 | | (b) 3 or more times within a 36-month period, then all | 16 | | contracts between State agencies and that business entity | 17 | | shall be void, and that business entity shall not bid or | 18 | | respond to any invitation to bid or request for proposals from | 19 | | any State agency or otherwise enter into any contract with any | 20 | | State agency for 3 years from the date of the last violation. A | 21 | | notice of each violation and the penalty imposed shall be | 22 | | published in both the Procurement Bulletin and the Illinois | 23 | | Register. | 24 | | (e) Any political committee that has received a | 25 | | contribution in violation of subsection (b) or (c) shall pay | 26 | | an amount equal to the value of the contribution to the State |
| | | SB2827 | - 46 - | LRB103 35766 AWJ 65848 b |
|
| 1 | | no more than 30 calendar days after notice of the violation | 2 | | concerning the contribution appears in the Illinois Register. | 3 | | Payments received by the State pursuant to this subsection | 4 | | shall be deposited into the general revenue fund. | 5 | | (Source: P.A. 97-411, eff. 8-16-11; 98-1076, eff. 1-1-15 .) |
|