Full Text of HB5448 102nd General Assembly
HB5448 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5448 Introduced 1/31/2022, by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. Makes a technical change in a Section concerning limitations on campaign contributions.
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| | A BILL FOR |
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| | | HB5448 | | LRB102 26081 AWJ 35548 b |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Section 9-8.5 as follows: | 6 | | (10 ILCS 5/9-8.5) | 7 | | Sec. 9-8.5. Limitations on campaign contributions. | 8 | | (a) It is unlawful for 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 | 17 | | political party committee except during an election cycle in | 18 | | which the candidate seeks nomination at a primary election. | 19 | | During an election cycle in which the candidate seeks | 20 | | nomination at a primary election, a candidate political | 21 | | committee may not accept contributions from political party | 22 | | committees with an aggregate value over the following: (i) | 23 | | $200,000 for a candidate political committee established to |
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| 1 | | support a candidate seeking nomination to statewide office, | 2 | | (ii) $125,000 for a candidate political committee established | 3 | | to support a candidate seeking nomination to the Senate, the | 4 | | Supreme Court or Appellate Court in the First Judicial | 5 | | District, or an office elected by all voters in a county with | 6 | | 1,000,000 or more residents, (iii) $75,000 for a candidate | 7 | | political committee established to support a candidate seeking | 8 | | nomination to the House of Representatives, the Supreme Court | 9 | | or Appellate Court for a Judicial District other than the | 10 | | First Judicial District, an office elected by all voters of a | 11 | | county of fewer than 1,000,000 residents, and municipal and | 12 | | county offices in Cook County other than those elected by all | 13 | | voters of Cook County, and (iv) $50,000 for a candidate | 14 | | political committee established to support the nomination of a | 15 | | candidate to any other office.
A candidate political committee | 16 | | established to elect a candidate to the General Assembly may | 17 | | accept contributions from only one legislative caucus | 18 | | committee. A candidate political committee may not accept | 19 | | contributions from a ballot initiative committee or from an
| 20 | | independent expenditure committee. | 21 | | (b-5) Judicial elections. | 22 | | (1) In addition to any other provision of this | 23 | | Section, a candidate political committee established to | 24 | | support a candidate seeking nomination to the Supreme | 25 | | Court, Appellate Court, or Circuit Court may not: | 26 | | (A) accept contributions from any entity that does |
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| 1 | | not disclose the identity of those who make | 2 | | contributions to the entity, except for contributions | 3 | | that are not required to be itemized by this Code; or | 4 | | (B) accept contributions from any out-of-state | 5 | | person, as defined in this Article. | 6 | | (2) As used in this subsection, "contribution" has the | 7 | | meaning provided in Section 9-1.4 and also includes the | 8 | | following that are subject to the limits of this Section: | 9 | | (A) expenditures made by any person in concert or | 10 | | cooperation with, or at the request or suggestion of, | 11 | | a candidate, his or her designated committee, or their | 12 | | agents; and | 13 | | (B) the financing by any person of the | 14 | | dissemination, distribution, or republication, in | 15 | | whole or in part, of any broadcast or any written, | 16 | | graphic, or other form of campaign materials prepared | 17 | | by the candidate, his or her campaign committee, or | 18 | | their designated agents. | 19 | | (3) As to contributions to a candidate political | 20 | | committee established to support a candidate seeking | 21 | | nomination to the Supreme Court, Appellate Court, or | 22 | | Circuit Court: | 23 | | (A) No person shall make a contribution in the | 24 | | name of another person or knowingly permit his or her | 25 | | name to be used to effect such a contribution. | 26 | | (B) No person shall knowingly accept a |
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| 1 | | contribution made by one person in the name of another | 2 | | person. | 3 | | (C) No person shall knowingly accept reimbursement | 4 | | from another person for a contribution made in his or | 5 | | her own name. | 6 | | (D) No person shall make an anonymous | 7 | | contribution. | 8 | | (E) No person shall knowingly accept any anonymous | 9 | | contribution. | 10 | | (F) No person shall predicate (1) any benefit, | 11 | | including, but not limited to, employment decisions, | 12 | | including hiring, promotions, bonus compensation, and | 13 | | transfers, or (2) any other gift, transfer, or | 14 | | emolument upon: | 15 | | (i) the decision by the recipient of that | 16 | | benefit to donate or not to donate to a candidate; | 17 | | or | 18 | | (ii) the amount of any such donation. | 19 | | (4) No judicial candidate or political committee | 20 | | established to support a candidate seeking nomination to | 21 | | the Supreme Court, Appellate Court, or Circuit Court shall | 22 | | knowingly accept any contribution or make any expenditure | 23 | | in violation of the provisions of this Section. No officer | 24 | | or employee of a political committee established to | 25 | | support a candidate seeking nomination to the Supreme | 26 | | Court, Appellate Court, or Circuit Court shall knowingly |
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| 1 | | accept a contribution made for the benefit or use of a | 2 | | candidate or knowingly make any expenditure in support of | 3 | | or opposition to a candidate or for electioneering | 4 | | communications in relation to a candidate in violation of | 5 | | any limitation designated for contributions and | 6 | | expenditures under this Section. | 7 | | (5) Where the provisions of this subsection (b-5) | 8 | | conflict with any other provision of this Code, this | 9 | | subsection (b-5) shall control. | 10 | | (c) During an election cycle, a political party committee | 11 | | may not accept contributions with an aggregate value over the | 12 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 13 | | any corporation, labor organization, or association, or (iii) | 14 | | $50,000 from a political action committee. A political party | 15 | | committee may accept contributions in any amount from another | 16 | | political party committee or a candidate political committee, | 17 | | except as provided in subsection (c-5). Nothing in this | 18 | | Section shall limit the amounts that may be transferred | 19 | | between a political party committee established under | 20 | | subsection (a) of Section 7-8 of this Code and an affiliated | 21 | | federal political committee established under the Federal | 22 | | Election Code by the same political party. A political party | 23 | | committee may not accept contributions from a ballot | 24 | | initiative committee or from an
independent expenditure | 25 | | committee. A political party committee established by a | 26 | | legislative caucus may not accept contributions from another |
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| 1 | | political party committee established by a legislative caucus. | 2 | | (c-5) During the period beginning on the date candidates | 3 | | may begin circulating petitions for a primary election and | 4 | | ending on the day of the primary election, a political party | 5 | | committee may not accept contributions with an aggregate value | 6 | | over $50,000 from a candidate political committee or political | 7 | | party committee. A political party committee may accept | 8 | | contributions in any amount from a candidate political | 9 | | committee or political party committee if the political party | 10 | | committee receiving the contribution filed a statement of | 11 | | nonparticipation in the primary as provided in subsection | 12 | | (c-10). The Task Force on Campaign Finance Reform shall study | 13 | | and make recommendations on the provisions of this subsection | 14 | | to the Governor and General Assembly by September 30, 2012. | 15 | | This subsection becomes inoperative on July 1, 2013 and | 16 | | thereafter no longer applies. | 17 | | (c-10) A political party committee that does not intend to | 18 | | make contributions to candidates to be nominated at a general | 19 | | primary election or consolidated primary election may file a | 20 | | Statement of Nonparticipation in a Primary Election with the | 21 | | Board. The Statement of Nonparticipation shall include a | 22 | | verification signed by the chairperson and treasurer of the | 23 | | committee that (i) the committee will not make contributions | 24 | | or coordinated expenditures in support of or opposition to a | 25 | | candidate or candidates to be nominated at the general primary | 26 | | election or consolidated primary election (select one) to be |
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| 1 | | held on (insert date), (ii) the political party committee may | 2 | | accept unlimited contributions from candidate political | 3 | | committees and political party committees, provided that the | 4 | | political party committee does not make contributions to a | 5 | | candidate or candidates to be nominated at the primary | 6 | | election, and (iii) failure to abide by these requirements | 7 | | shall deem the political party committee in violation of this | 8 | | Article and subject the committee to a fine of no more than | 9 | | 150% of the total contributions or coordinated expenditures | 10 | | made by the committee in violation of this Article. This | 11 | | subsection becomes inoperative on July 1, 2013 and thereafter | 12 | | no longer applies. | 13 | | (d) During an election cycle, a political action committee | 14 | | may not accept contributions with an aggregate value over the | 15 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 16 | | any corporation, labor organization, political party | 17 | | committee, or association, or (iii) $50,000 from a political | 18 | | action committee or candidate political committee. A political | 19 | | action committee may not accept contributions from a ballot | 20 | | initiative committee or from an
independent expenditure | 21 | | committee. | 22 | | (e) A ballot initiative committee may accept contributions | 23 | | in any amount from any source, provided that the committee | 24 | | files the document required by Section 9-3 of this Article and | 25 | | files the disclosure reports required by the provisions of | 26 | | this Article. |
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| 1 | | (e-5) An independent expenditure committee may accept | 2 | | contributions in any amount from any source, provided that the | 3 | | committee files the document required by Section 9-3 of this | 4 | | Article and files the disclosure reports required by the | 5 | | provisions of this Article. | 6 | | (e-10) A limited activity committee shall not accept | 7 | | contributions, except that the officer or a candidate the | 8 | | committee has designated to support may contribute personal | 9 | | funds in order to pay for maintenance expenses. A limited | 10 | | activity committee may only make expenditures that are: (i) | 11 | | necessary for maintenance of the committee; (ii) for rent or | 12 | | lease payments until the end of the lease in effect at the time | 13 | | the officer or candidate is confirmed by the Senate; (iii) | 14 | | contributions to 501(c)(3) charities; or (iv) returning | 15 | | contributions to original contributors. | 16 | | (f) Nothing in this Section shall prohibit a political | 17 | | committee from dividing the proceeds of joint fundraising | 18 | | efforts; provided that no political committee may receive more | 19 | | than the limit from any one contributor, and provided that an | 20 | | independent
expenditure committee may not conduct joint | 21 | | fundraising efforts with a
candidate political committee or a | 22 | | political party committee. | 23 | | (g) On January 1 of each odd-numbered year, the State | 24 | | Board of Elections shall adjust the amounts of the | 25 | | contribution limitations established in this Section for | 26 | | inflation as determined by the Consumer Price Index for All |
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| 1 | | Urban Consumers as issued by the United States Department of | 2 | | Labor and rounded to the nearest $100. The State Board shall | 3 | | publish this information on its official website. | 4 | | (h) Self-funding candidates. If a public official, a | 5 | | candidate, or the public official's or candidate's immediate | 6 | | family contributes or loans to the public official's or | 7 | | candidate's political committee or to other political | 8 | | committees that transfer funds to the public official's or | 9 | | candidate's political committee or makes independent | 10 | | expenditures for the benefit of the public official's or | 11 | | candidate's campaign during the 12 months prior to an election | 12 | | in an aggregate amount of more than (i) $250,000 for statewide | 13 | | office or (ii) $100,000 for all other elective offices, then | 14 | | the public official or candidate shall file with the State | 15 | | Board of Elections, within one day, a Notification of | 16 | | Self-funding that shall detail each contribution or loan made | 17 | | by the public official, the candidate, or the public | 18 | | official's or candidate's immediate family. Within 2 business | 19 | | days after the filing of a Notification of Self-funding, the | 20 | | notification shall be posted on the Board's website and the | 21 | | Board shall give official notice of the filing to each | 22 | | candidate for the same office as the public official or | 23 | | candidate making the filing, including the public official or | 24 | | candidate filing the Notification of Self-funding. Notice | 25 | | shall be sent via first class mail to the candidate and the | 26 | | treasurer of the candidate's committee. Notice shall also be |
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| 1 | | sent by e-mail to the candidate and the treasurer of the | 2 | | candidate's committee if the candidate and the treasurer, as | 3 | | applicable, have provided the Board with an e-mail address. | 4 | | Upon posting of the notice on the Board's website, all | 5 | | candidates for that office, including the public official or | 6 | | candidate who filed a Notification of Self-funding, shall be | 7 | | permitted to accept contributions in excess of any | 8 | | contribution limits imposed by subsection (b). If a public | 9 | | official or candidate filed a Notification of Self-funding | 10 | | during an election cycle that includes a general primary | 11 | | election or consolidated primary election and that public | 12 | | official or candidate is nominated, all candidates for that | 13 | | office, including the nominee who filed the notification of | 14 | | self-funding, shall be permitted to accept contributions in | 15 | | excess of any contribution limit imposed by subsection (b) for | 16 | | the subsequent election cycle. For the purposes of this | 17 | | subsection, "immediate family" means the spouse, parent, or | 18 | | child of a public official or candidate. | 19 | | (h-5) If a natural person or independent expenditure | 20 | | committee makes independent expenditures in support of or in | 21 | | opposition to the campaign of a particular public official or | 22 | | candidate in an aggregate amount of more than (i) $250,000 for | 23 | | statewide office or (ii) $100,000 for all other elective | 24 | | offices in an election cycle, as reported in a written | 25 | | disclosure filed under subsection (a) of Section 9-8.6 or | 26 | | subsection (e-5) of Section 9-10, then the State Board of |
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| 1 | | Elections shall, within 2 business days after the filing of | 2 | | the disclosure, post the disclosure on the Board's website and | 3 | | give official notice of the disclosure to each candidate for | 4 | | the same office as the public official or candidate for whose | 5 | | benefit or detriment the natural person or independent | 6 | | expenditure committee made independent expenditures. Upon | 7 | | posting of the notice on the Board's website, all candidates | 8 | | for that office in that election, including the public | 9 | | official or candidate for whose benefit or detriment the | 10 | | natural person or independent expenditure committee made | 11 | | independent expenditures, shall be permitted to accept | 12 | | contributions in excess of any contribution limits imposed by | 13 | | subsection (b). | 14 | | (h-10) If the State Board of Elections receives | 15 | | notification or determines that a natural person or persons, | 16 | | an independent expenditure committee or committees, or | 17 | | combination thereof has made independent expenditures in | 18 | | support of or in opposition to the campaign of a particular | 19 | | public official or candidate in an aggregate amount of more | 20 | | than (i) $250,000 for statewide office or (ii) $100,000 for | 21 | | all other elective offices in an election cycle, then the | 22 | | Board shall, within 2 business days after discovering the | 23 | | independent expenditures that, in the aggregate, exceed the | 24 | | threshold set forth in (i) and (ii) of this subsection, post | 25 | | notice of this fact on the Board's website and give official | 26 | | notice to each candidate for the same office as the public |
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| 1 | | official or candidate for whose benefit or detriment the | 2 | | independent expenditures were made. Notice shall be sent via | 3 | | first class mail to the candidate and the treasurer of the | 4 | | candidate's committee. Notice shall also be sent by e-mail to | 5 | | the candidate and the treasurer of the candidate's committee | 6 | | if the candidate and the treasurer, as applicable, have | 7 | | provided the Board with an e-mail address. Upon posting of the | 8 | | notice on the Board's website, all candidates of that office | 9 | | in that election, including the public official or candidate | 10 | | for whose benefit or detriment the independent expenditures | 11 | | were made, may accept contributions in excess of any | 12 | | contribution limits imposed by subsection (b). | 13 | | (i) For the purposes of this Section, a corporation, labor | 14 | | organization, association, or a political action committee | 15 | | established by a corporation, labor organization, or | 16 | | association may act as a conduit in facilitating the delivery | 17 | | to a political action committee of contributions made through | 18 | | dues, levies, or similar assessments and the political action | 19 | | committee may report the contributions in the aggregate, | 20 | | provided that: (i) contributions made through dues, levies, or | 21 | | similar assessments paid by any natural person, corporation, | 22 | | labor organization, or association in a calendar year may not | 23 | | exceed the limits set forth in this Section; (ii) the | 24 | | corporation, labor organization, association, or a political | 25 | | action committee established by a corporation, labor | 26 | | organization, or association facilitating the delivery of |
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| 1 | | contributions maintains a list of natural persons, | 2 | | corporations, labor organizations, and associations that paid | 3 | | the dues, levies, or similar assessments from which the | 4 | | contributions comprising the aggregate amount derive; and | 5 | | (iii) contributions made through dues, levies, or similar | 6 | | assessments paid by any natural person, corporation, labor | 7 | | organization, or association that exceed $1,000 in a quarterly | 8 | | reporting period shall be itemized on the committee's | 9 | | quarterly report and may not be reported in the aggregate. A | 10 | | political action committee facilitating the delivery of | 11 | | contributions or receiving contributions shall disclose the | 12 | | amount of contributions made through dues delivered or | 13 | | received and the name of the corporation, labor organization, | 14 | | association, or political action committee delivering the | 15 | | contributions, if applicable. On January 1 of each | 16 | | odd-numbered year, the State Board of Elections shall adjust | 17 | | the amounts of the contribution limitations established in | 18 | | this subsection for inflation as determined by the Consumer | 19 | | Price Index for All Urban Consumers as issued by the United | 20 | | States Department of Labor and rounded to the nearest $100. | 21 | | The State Board shall publish this information on its official | 22 | | website. | 23 | | (j) A political committee that receives a contribution or | 24 | | transfer in violation of this Section shall dispose of the | 25 | | contribution or transfer by returning the contribution or | 26 | | transfer, or an amount equal to the contribution or transfer, |
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| 1 | | to the contributor or transferor or donating the contribution | 2 | | or transfer, or an amount equal to the contribution or | 3 | | transfer, to a charity. A contribution or transfer received in | 4 | | violation of this Section that is not disposed of as provided | 5 | | in this subsection within 30 days after the Board sends | 6 | | notification to the political committee of the excess | 7 | | contribution by certified mail shall escheat to the General | 8 | | Revenue Fund and the political committee shall be deemed in | 9 | | violation of this Section and subject to a civil penalty not to | 10 | | exceed 150% of the total amount of the contribution. | 11 | | (k) For the purposes of this Section, "statewide office" | 12 | | means the Governor, Lieutenant Governor, Attorney General, | 13 | | Secretary of State, Comptroller, and Treasurer. | 14 | | (l) This Section is repealed if and when the United States | 15 | | Supreme Court invalidates contribution limits on committees | 16 | | formed to assist candidates, political parties, corporations, | 17 | | associations, or labor organizations established by or | 18 | | pursuant to federal law.
| 19 | | (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21 .)
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