Full Text of HB5768 103rd General Assembly
HB5768 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5768 Introduced 3/7/2024, by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: | | | Amends the Election Code. Provides that an appointed or elected supervisor of assessments or county assessor is prohibited from making a contribution to any political committee established to promote the candidacy of a person who is a candidate for the Board of Review of the county in which the supervisor of assessments or county assessor serves. Provides that it is unlawful for a political committee to accept contributions that violate those provisions. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Election Code is amended by 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 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 or oppose a candidate seeking nomination to the | 25 | | Supreme 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 | | (1.1) In addition to any other provision of this | 7 | | Section, a political committee that is self-funding, as | 8 | | described in subsection (h) of this Section, and is | 9 | | established to support or oppose a candidate seeking | 10 | | nomination, election, or retention to the Supreme Court, | 11 | | the Appellate Court, or the Circuit Court may not accept | 12 | | contributions from any single person, other than the | 13 | | judicial candidate or the candidate's immediate family, in | 14 | | a cumulative amount that exceeds $500,000 in any election | 15 | | cycle. Any contribution in excess of the limits in this | 16 | | paragraph (1.1) shall escheat to the State of Illinois. | 17 | | Any political committee that receives such a contribution | 18 | | shall immediately forward the amount that exceeds $500,000 | 19 | | to the State Treasurer who shall deposit the funds into | 20 | | the State Treasury. | 21 | | (1.2) In addition to any other provision of this | 22 | | Section, an independent expenditure committee established | 23 | | to support or oppose a candidate seeking nomination, | 24 | | election, or retention to the Supreme Court, the Appellate | 25 | | Court, or the Circuit Court may not accept contributions | 26 | | from any single person in a cumulative amount that exceeds |
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| 1 | | $500,000 in any election cycle. Any contribution in excess | 2 | | of the limits in this paragraph (1.2) shall escheat to the | 3 | | State of Illinois. Any independent expenditure committee | 4 | | that receives such a contribution shall immediately | 5 | | forward the amount that exceeds $500,000 to the State | 6 | | Treasurer who shall deposit the funds into the State | 7 | | Treasury. | 8 | | (1.3) In addition to any other provision of this | 9 | | Section, if a political committee established to support | 10 | | or oppose a candidate seeking nomination, election, or | 11 | | retention to the Supreme Court, the Appellate Court, or | 12 | | the Circuit Court receives a contribution in excess of | 13 | | $500 from: (i) any committee that is not required to | 14 | | disclose its contributors under this Act; (ii) any | 15 | | association that is not required to disclose its | 16 | | contributors under this Act; or (iii) any other | 17 | | organization or group of persons that is not required to | 18 | | disclose its contributors under this Act, then that | 19 | | contribution shall be considered an anonymous contribution | 20 | | that shall escheat to the State, unless the political | 21 | | committee reports to the State Board of Elections all | 22 | | persons who have contributed in excess of $500 during the | 23 | | same election cycle to the committee, association, | 24 | | organization, or group making the contribution. Any | 25 | | political committee that receives such a contribution and | 26 | | fails to report this information shall forward the |
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| 1 | | contribution amount immediately to the State Treasurer who | 2 | | shall deposit the funds into the State Treasury. | 3 | | (2) As used in this subsection, "contribution" has the | 4 | | meaning provided in Section 9-1.4 and also includes the | 5 | | following that are subject to the limits of this Section: | 6 | | (A) expenditures made by any person in concert or | 7 | | cooperation with, or at the request or suggestion of, | 8 | | a candidate, his or her designated committee, or their | 9 | | agents; and | 10 | | (B) the financing by any person of the | 11 | | dissemination, distribution, or republication, in | 12 | | whole or in part, of any broadcast or any written, | 13 | | graphic, or other form of campaign materials prepared | 14 | | by the candidate, his or her campaign committee, or | 15 | | their designated agents. | 16 | | (3) As to contributions to a candidate political | 17 | | committee established to support a candidate seeking | 18 | | nomination to the Supreme Court, Appellate Court, or | 19 | | Circuit Court: | 20 | | (A) No person shall make a contribution in the | 21 | | name of another person or knowingly permit his or her | 22 | | name to be used to effect such a contribution. | 23 | | (B) No person shall knowingly accept a | 24 | | contribution made by one person in the name of another | 25 | | person. | 26 | | (C) No person shall knowingly accept reimbursement |
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| 1 | | from another person for a contribution made in his or | 2 | | her own name. | 3 | | (D) No person shall make an anonymous | 4 | | contribution. | 5 | | (E) No person shall knowingly accept any anonymous | 6 | | contribution. | 7 | | (F) No person shall predicate (1) any benefit, | 8 | | including, but not limited to, employment decisions, | 9 | | including hiring, promotions, bonus compensation, and | 10 | | transfers, or (2) any other gift, transfer, or | 11 | | emolument upon: | 12 | | (i) the decision by the recipient of that | 13 | | benefit to donate or not to donate to a candidate; | 14 | | or | 15 | | (ii) the amount of any such donation. | 16 | | (4) No judicial candidate or political committee | 17 | | established to support a candidate seeking nomination to | 18 | | the Supreme Court, Appellate Court, or Circuit Court shall | 19 | | knowingly accept any contribution or make any expenditure | 20 | | in violation of the provisions of this Section. No officer | 21 | | or employee of a political committee established to | 22 | | support a candidate seeking nomination to the Supreme | 23 | | Court, Appellate Court, or Circuit Court shall knowingly | 24 | | accept a contribution made for the benefit or use of a | 25 | | candidate or knowingly make any expenditure in support of | 26 | | or opposition to a candidate or for electioneering |
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| 1 | | communications in relation to a candidate in violation of | 2 | | any limitation designated for contributions and | 3 | | expenditures under this Section. | 4 | | (5) Where the provisions of this subsection (b-5) | 5 | | conflict with any other provision of this Code, this | 6 | | subsection (b-5) shall control. | 7 | | (b-10) Notwithstanding any other provision of law, an | 8 | | appointed or elected supervisor of assessments or county | 9 | | assessor is prohibited from making a contribution to any | 10 | | political committee established to promote the candidacy of a | 11 | | person who is a candidate for the Board of Review of the county | 12 | | in which the supervisor of assessments or county assessor | 13 | | serves. It is unlawful for a political committee to accept | 14 | | contributions that violate this subsection. | 15 | | (c) During an election cycle, a political party committee | 16 | | may not accept contributions with an aggregate value over the | 17 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 18 | | any corporation, labor organization, or association, or (iii) | 19 | | $50,000 from a political action committee. A political party | 20 | | committee may accept contributions in any amount from another | 21 | | political party committee or a candidate political committee, | 22 | | except as provided in subsection (c-5). Nothing in this | 23 | | Section shall limit the amounts that may be transferred | 24 | | between a political party committee established under | 25 | | subsection (a) of Section 7-8 of this Code and an affiliated | 26 | | federal political committee established under the Federal |
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| 1 | | Election Code by the same political party. A political party | 2 | | committee may not accept contributions from a ballot | 3 | | initiative committee or from an independent expenditure | 4 | | committee. A political party committee established by a | 5 | | legislative caucus may not accept contributions from another | 6 | | political party committee established by a legislative caucus. | 7 | | (c-5) During the period beginning on the date candidates | 8 | | may begin circulating petitions for a primary election and | 9 | | ending on the day of the primary election, a political party | 10 | | committee may not accept contributions with an aggregate value | 11 | | over $50,000 from a candidate political committee or political | 12 | | party committee. A political party committee may accept | 13 | | contributions in any amount from a candidate political | 14 | | committee or political party committee if the political party | 15 | | committee receiving the contribution filed a statement of | 16 | | nonparticipation in the primary as provided in subsection | 17 | | (c-10). The Task Force on Campaign Finance Reform shall study | 18 | | and make recommendations on the provisions of this subsection | 19 | | to the Governor and General Assembly by September 30, 2012. | 20 | | This subsection becomes inoperative on July 1, 2013 and | 21 | | thereafter no longer applies. | 22 | | (c-10) A political party committee that does not intend to | 23 | | make contributions to candidates to be nominated at a general | 24 | | primary election or consolidated primary election may file a | 25 | | Statement of Nonparticipation in a Primary Election with the | 26 | | Board. The Statement of Nonparticipation shall include a |
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| 1 | | verification signed by the chairperson and treasurer of the | 2 | | committee that (i) the committee will not make contributions | 3 | | or coordinated expenditures in support of or opposition to a | 4 | | candidate or candidates to be nominated at the general primary | 5 | | election or consolidated primary election (select one) to be | 6 | | held on (insert date), (ii) the political party committee may | 7 | | accept unlimited contributions from candidate political | 8 | | committees and political party committees, provided that the | 9 | | political party committee does not make contributions to a | 10 | | candidate or candidates to be nominated at the primary | 11 | | election, and (iii) failure to abide by these requirements | 12 | | shall deem the political party committee in violation of this | 13 | | Article and subject the committee to a fine of no more than | 14 | | 150% of the total contributions or coordinated expenditures | 15 | | made by the committee in violation of this Article. This | 16 | | subsection becomes inoperative on July 1, 2013 and thereafter | 17 | | no longer applies. | 18 | | (d) During an election cycle, a political action committee | 19 | | may not accept contributions with an aggregate value over the | 20 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 21 | | any corporation, labor organization, political party | 22 | | committee, or association, or (iii) $50,000 from a political | 23 | | action committee or candidate political committee. A political | 24 | | action committee may not accept contributions from a ballot | 25 | | initiative committee or from an independent expenditure | 26 | | committee. |
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| 1 | | (e) A ballot initiative committee may accept contributions | 2 | | in any amount from any source, provided that the committee | 3 | | files the document required by Section 9-3 of this Article and | 4 | | files the disclosure reports required by the provisions of | 5 | | this Article. | 6 | | (e-5) An independent expenditure committee may accept | 7 | | contributions in any amount from any source, provided that the | 8 | | committee files the document required by Section 9-3 of this | 9 | | Article and files the disclosure reports required by the | 10 | | provisions of this Article. | 11 | | (e-10) A limited activity committee shall not accept | 12 | | contributions, except that the officer or a candidate the | 13 | | committee has designated to support may contribute personal | 14 | | funds in order to pay for maintenance expenses. A limited | 15 | | activity committee may only make expenditures that are: (i) | 16 | | necessary for maintenance of the committee; (ii) for rent or | 17 | | lease payments until the end of the lease in effect at the time | 18 | | the officer or candidate is confirmed by the Senate; (iii) | 19 | | contributions to 501(c)(3) charities; or (iv) returning | 20 | | contributions to original contributors. | 21 | | (f) Nothing in this Section shall prohibit a political | 22 | | committee from dividing the proceeds of joint fundraising | 23 | | efforts; provided that no political committee may receive more | 24 | | than the limit from any one contributor, and provided that an | 25 | | independent expenditure committee may not conduct joint | 26 | | fundraising efforts with a candidate political committee or a |
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| 1 | | political party committee. | 2 | | (g) On January 1 of each odd-numbered year, the State | 3 | | Board of Elections shall adjust the amounts of the | 4 | | contribution limitations established in this Section for | 5 | | inflation as determined by the Consumer Price Index for All | 6 | | Urban Consumers as issued by the United States Department of | 7 | | Labor and rounded to the nearest $100. The State Board shall | 8 | | publish this information on its official website. | 9 | | (h) Self-funding candidates. If a public official, a | 10 | | candidate, or the public official's or candidate's immediate | 11 | | family contributes or loans to the public official's or | 12 | | candidate's political committee or to other political | 13 | | committees that transfer funds to the public official's or | 14 | | candidate's political committee or makes independent | 15 | | expenditures for the benefit of the public official's or | 16 | | candidate's campaign during the 12 months prior to an election | 17 | | in an aggregate amount of more than (i) $250,000 for statewide | 18 | | office or (ii) $100,000 for all other elective offices, then | 19 | | the public official or candidate shall file with the State | 20 | | Board of Elections, within one day, a Notification of | 21 | | Self-funding that shall detail each contribution or loan made | 22 | | by the public official, the candidate, or the public | 23 | | official's or candidate's immediate family. Within 2 business | 24 | | days after the filing of a Notification of Self-funding, the | 25 | | notification shall be posted on the Board's website and the | 26 | | Board shall give official notice of the filing to each |
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| 1 | | candidate for the same office as the public official or | 2 | | candidate making the filing, including the public official or | 3 | | candidate filing the Notification of Self-funding. Notice | 4 | | shall be sent via first class mail to the candidate and the | 5 | | treasurer of the candidate's committee. Notice shall also be | 6 | | sent by e-mail to the candidate and the treasurer of the | 7 | | candidate's committee if the candidate and the treasurer, as | 8 | | applicable, have provided the Board with an e-mail address. | 9 | | Upon posting of the notice on the Board's website, all | 10 | | candidates for that office, including the public official or | 11 | | candidate who filed a Notification of Self-funding, shall be | 12 | | permitted to accept contributions in excess of any | 13 | | contribution limits imposed by subsection (b). If a public | 14 | | official or candidate filed a Notification of Self-funding | 15 | | during an election cycle that includes a general primary | 16 | | election or consolidated primary election and that public | 17 | | official or candidate is nominated, all candidates for that | 18 | | office, including the nominee who filed the notification of | 19 | | self-funding, shall be permitted to accept contributions in | 20 | | excess of any contribution limit imposed by subsection (b) for | 21 | | the subsequent election cycle. For the purposes of this | 22 | | subsection, "immediate family" means the spouse, parent, or | 23 | | child of a public official or candidate. | 24 | | (h-5) If a natural person or independent expenditure | 25 | | committee makes independent expenditures in support of or in | 26 | | opposition to the campaign of a particular public official or |
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| 1 | | candidate in an aggregate amount of more than (i) $250,000 for | 2 | | statewide office or (ii) $100,000 for all other elective | 3 | | offices in an election cycle, as reported in a written | 4 | | disclosure filed under subsection (a) of Section 9-8.6 or | 5 | | subsection (e-5) of Section 9-10, then the State Board of | 6 | | Elections shall, within 2 business days after the filing of | 7 | | the disclosure, post the disclosure on the Board's website and | 8 | | give official notice of the disclosure to each candidate for | 9 | | the same office as the public official or candidate for whose | 10 | | benefit or detriment the natural person or independent | 11 | | expenditure committee made independent expenditures. Upon | 12 | | posting of the notice on the Board's website, all candidates | 13 | | for that office in that election, including the public | 14 | | official or candidate for whose benefit or detriment the | 15 | | natural person or independent expenditure committee made | 16 | | independent expenditures, shall be permitted to accept | 17 | | contributions in excess of any contribution limits imposed by | 18 | | subsection (b). | 19 | | (h-10) If the State Board of Elections receives | 20 | | notification or determines that a natural person or persons, | 21 | | an independent expenditure committee or committees, or | 22 | | combination thereof has made independent expenditures in | 23 | | support of or in opposition to the campaign of a particular | 24 | | public official or candidate in an aggregate amount of more | 25 | | than (i) $250,000 for statewide office or (ii) $100,000 for | 26 | | all other elective offices in an election cycle, then the |
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| 1 | | Board shall, within 2 business days after discovering the | 2 | | independent expenditures that, in the aggregate, exceed the | 3 | | threshold set forth in (i) and (ii) of this subsection, post | 4 | | notice of this fact on the Board's website and give official | 5 | | notice to each candidate for the same office as the public | 6 | | official or candidate for whose benefit or detriment the | 7 | | independent expenditures were made. Notice shall be sent via | 8 | | first class mail to the candidate and the treasurer of the | 9 | | candidate's committee. Notice shall also be sent by e-mail to | 10 | | the candidate and the treasurer of the candidate's committee | 11 | | if the candidate and the treasurer, as applicable, have | 12 | | provided the Board with an e-mail address. Upon posting of the | 13 | | notice on the Board's website, all candidates of that office | 14 | | in that election, including the public official or candidate | 15 | | for whose benefit or detriment the independent expenditures | 16 | | were made, may accept contributions in excess of any | 17 | | contribution limits imposed by subsection (b). | 18 | | (i) For the purposes of this Section, a corporation, labor | 19 | | organization, association, or a political action committee | 20 | | established by a corporation, labor organization, or | 21 | | association may act as a conduit in facilitating the delivery | 22 | | to a political action committee of contributions made through | 23 | | dues, levies, or similar assessments and the political action | 24 | | committee may report the contributions in the aggregate, | 25 | | provided that: (i) contributions made through dues, levies, or | 26 | | similar assessments paid by any natural person, corporation, |
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| 1 | | labor organization, or association in a calendar year may not | 2 | | exceed the limits set forth in this Section; (ii) the | 3 | | corporation, labor organization, association, or a political | 4 | | action committee established by a corporation, labor | 5 | | organization, or association facilitating the delivery of | 6 | | contributions maintains a list of natural persons, | 7 | | corporations, labor organizations, and associations that paid | 8 | | the dues, levies, or similar assessments from which the | 9 | | contributions comprising the aggregate amount derive; and | 10 | | (iii) contributions made through dues, levies, or similar | 11 | | assessments paid by any natural person, corporation, labor | 12 | | organization, or association that exceed $1,000 in a quarterly | 13 | | reporting period shall be itemized on the committee's | 14 | | quarterly report and may not be reported in the aggregate. A | 15 | | political action committee facilitating the delivery of | 16 | | contributions or receiving contributions shall disclose the | 17 | | amount of contributions made through dues delivered or | 18 | | received and the name of the corporation, labor organization, | 19 | | association, or political action committee delivering the | 20 | | contributions, if applicable. On January 1 of each | 21 | | odd-numbered year, the State Board of Elections shall adjust | 22 | | the amounts of the contribution limitations established in | 23 | | this subsection for inflation as determined by the Consumer | 24 | | Price Index for All Urban Consumers as issued by the United | 25 | | States Department of Labor and rounded to the nearest $100. | 26 | | The State Board shall publish this information on its official |
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| 1 | | website. | 2 | | (j) A political committee that receives a contribution or | 3 | | transfer in violation of this Section shall dispose of the | 4 | | contribution or transfer by returning the contribution or | 5 | | transfer, or an amount equal to the contribution or transfer, | 6 | | to the contributor or transferor or donating the contribution | 7 | | or transfer, or an amount equal to the contribution or | 8 | | transfer, to a charity. A contribution or transfer received in | 9 | | violation of this Section that is not disposed of as provided | 10 | | in this subsection within 30 days after the Board sends | 11 | | notification to the political committee of the excess | 12 | | contribution by certified mail shall escheat to the General | 13 | | Revenue Fund and the political committee shall be deemed in | 14 | | violation of this Section and subject to a civil penalty not to | 15 | | exceed 150% of the total amount of the contribution. | 16 | | (k) For the purposes of this Section, "statewide office" | 17 | | means the Governor, Lieutenant Governor, Attorney General, | 18 | | Secretary of State, Comptroller, and Treasurer. | 19 | | (l) This Section is repealed if and when the United States | 20 | | Supreme Court invalidates contribution limits on committees | 21 | | formed to assist candidates, political parties, corporations, | 22 | | associations, or labor organizations established by or | 23 | | pursuant to federal law. | 24 | | (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21; | 25 | | 102-909, eff. 5-27-22.) |
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