103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0290

 

Introduced 2/2/2023, by Sen. Michael W. Halpin

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-8.5

    Amends the Election Code. Provides that a foreign national may not make, directly or indirectly, a contribution to a ballot initiative committee or an independent expenditure committee for the purpose of influencing any question of public policy to be submitted to the voters, and neither a ballot initiative committee nor an independent expenditure committee may knowingly solicit or accept a contribution from a foreign national for the purpose of influencing any question of public policy to be submitted to the voters. Provides that a foreign national may not make an independent expenditure for the purpose of influencing any question of public policy to be submitted to the voters. Effective immediately.


LRB103 26092 BMS 52447 b

 

 

A BILL FOR

 

SB0290LRB103 26092 BMS 52447 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Section 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
9contributions except as provided in this Section.
10    (b) During an election cycle, a candidate political
11committee may not accept contributions with an aggregate value
12over the following: (i) $5,000 from any individual, (ii)
13$10,000 from any corporation, labor organization, or
14association, or (iii) $50,000 from a candidate political
15committee or political action committee. A candidate political
16committee may accept contributions in any amount from a
17political party committee except during an election cycle in
18which the candidate seeks nomination at a primary election.
19During an election cycle in which the candidate seeks
20nomination at a primary election, a candidate political
21committee may not accept contributions from political party
22committees with an aggregate value over the following: (i)
23$200,000 for a candidate political committee established to

 

 

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1support a candidate seeking nomination to statewide office,
2(ii) $125,000 for a candidate political committee established
3to support a candidate seeking nomination to the Senate, the
4Supreme Court or Appellate Court in the First Judicial
5District, or an office elected by all voters in a county with
61,000,000 or more residents, (iii) $75,000 for a candidate
7political committee established to support a candidate seeking
8nomination to the House of Representatives, the Supreme Court
9or Appellate Court for a Judicial District other than the
10First Judicial District, an office elected by all voters of a
11county of fewer than 1,000,000 residents, and municipal and
12county offices in Cook County other than those elected by all
13voters of Cook County, and (iv) $50,000 for a candidate
14political committee established to support the nomination of a
15candidate to any other office. A candidate political committee
16established to elect a candidate to the General Assembly may
17accept contributions from only one legislative caucus
18committee. A candidate political committee may not accept
19contributions from a ballot initiative committee or from an
20independent expenditure committee.
21    (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    (c) During an election cycle, a political party committee
8may not accept contributions with an aggregate value over the
9following: (i) $10,000 from any individual, (ii) $20,000 from
10any corporation, labor organization, or association, or (iii)
11$50,000 from a political action committee. A political party
12committee may accept contributions in any amount from another
13political party committee or a candidate political committee,
14except as provided in subsection (c-5). Nothing in this
15Section shall limit the amounts that may be transferred
16between a political party committee established under
17subsection (a) of Section 7-8 of this Code and an affiliated
18federal political committee established under the Federal
19Election Code by the same political party. A political party
20committee may not accept contributions from a ballot
21initiative committee or from an independent expenditure
22committee. A political party committee established by a
23legislative caucus may not accept contributions from another
24political party committee established by a legislative caucus.
25    (c-5) During the period beginning on the date candidates
26may begin circulating petitions for a primary election and

 

 

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1ending on the day of the primary election, a political party
2committee may not accept contributions with an aggregate value
3over $50,000 from a candidate political committee or political
4party committee. A political party committee may accept
5contributions in any amount from a candidate political
6committee or political party committee if the political party
7committee receiving the contribution filed a statement of
8nonparticipation in the primary as provided in subsection
9(c-10). The Task Force on Campaign Finance Reform shall study
10and make recommendations on the provisions of this subsection
11to the Governor and General Assembly by September 30, 2012.
12This subsection becomes inoperative on July 1, 2013 and
13thereafter no longer applies.
14    (c-10) A political party committee that does not intend to
15make contributions to candidates to be nominated at a general
16primary election or consolidated primary election may file a
17Statement of Nonparticipation in a Primary Election with the
18Board. The Statement of Nonparticipation shall include a
19verification signed by the chairperson and treasurer of the
20committee that (i) the committee will not make contributions
21or coordinated expenditures in support of or opposition to a
22candidate or candidates to be nominated at the general primary
23election or consolidated primary election (select one) to be
24held on (insert date), (ii) the political party committee may
25accept unlimited contributions from candidate political
26committees and political party committees, provided that the

 

 

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1political party committee does not make contributions to a
2candidate or candidates to be nominated at the primary
3election, and (iii) failure to abide by these requirements
4shall deem the political party committee in violation of this
5Article and subject the committee to a fine of no more than
6150% of the total contributions or coordinated expenditures
7made by the committee in violation of this Article. This
8subsection becomes inoperative on July 1, 2013 and thereafter
9no longer applies.
10    (d) During an election cycle, a political action committee
11may not accept contributions with an aggregate value over the
12following: (i) $10,000 from any individual, (ii) $20,000 from
13any corporation, labor organization, political party
14committee, or association, or (iii) $50,000 from a political
15action committee or candidate political committee. A political
16action committee may not accept contributions from a ballot
17initiative committee or from an independent expenditure
18committee.
19    (e) Except as otherwise provided in subsection (h-15), a A
20ballot initiative committee may accept contributions in any
21amount from any source, provided that the committee files the
22document required by Section 9-3 of this Article and files the
23disclosure reports required by the provisions of this Article.
24    (e-5) Except as otherwise provided in subsection (h-15),
25an An independent expenditure committee may accept
26contributions in any amount from any source, provided that the

 

 

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1committee files the document required by Section 9-3 of this
2Article and files the disclosure reports required by the
3provisions of this Article.
4    (e-10) A limited activity committee shall not accept
5contributions, except that the officer or a candidate the
6committee has designated to support may contribute personal
7funds in order to pay for maintenance expenses. A limited
8activity committee may only make expenditures that are: (i)
9necessary for maintenance of the committee; (ii) for rent or
10lease payments until the end of the lease in effect at the time
11the officer or candidate is confirmed by the Senate; (iii)
12contributions to 501(c)(3) charities; or (iv) returning
13contributions to original contributors.
14    (f) Nothing in this Section shall prohibit a political
15committee from dividing the proceeds of joint fundraising
16efforts; provided that no political committee may receive more
17than the limit from any one contributor, and provided that an
18independent expenditure committee may not conduct joint
19fundraising efforts with a candidate political committee or a
20political party committee.
21    (g) On January 1 of each odd-numbered year, the State
22Board of Elections shall adjust the amounts of the
23contribution limitations established in this Section for
24inflation as determined by the Consumer Price Index for All
25Urban Consumers as issued by the United States Department of
26Labor and rounded to the nearest $100. The State Board shall

 

 

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

 

 

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

 

 

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

 

 

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1first class mail to the candidate and the treasurer of the
2candidate's committee. Notice shall also be sent by e-mail to
3the candidate and the treasurer of the candidate's committee
4if the candidate and the treasurer, as applicable, have
5provided the Board with an e-mail address. Upon posting of the
6notice on the Board's website, all candidates of that office
7in that election, including the public official or candidate
8for whose benefit or detriment the independent expenditures
9were made, may accept contributions in excess of any
10contribution limits imposed by subsection (b).
11    (h-15) Notwithstanding any other provision of law, a
12foreign national may not make, directly or indirectly, a
13contribution to a ballot initiative committee or an
14independent expenditure committee for the purpose of
15influencing any question of public policy to be submitted to
16the voters, and neither a ballot initiative committee nor an
17independent expenditure committee may knowingly solicit or
18accept a contribution from a foreign national for the purpose
19of influencing any question of public policy to be submitted
20to the voters. Additionally, a foreign national may not make
21an independent expenditure for the purpose of influencing any
22question of public policy to be submitted to the voters. As
23used in this subsection, "foreign national" means a foreign
24national as defined in 52 U.S.C. 30121(b) and an entity with
25respect to which a foreign national holds, owns, controls, or
26otherwise has direct or indirect beneficial ownership of 50%

 

 

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1or more of the total equity, outstanding voting shares,
2membership units, or other applicable ownership interests.
3    (i) For the purposes of this Section, a corporation, labor
4organization, association, or a political action committee
5established by a corporation, labor organization, or
6association may act as a conduit in facilitating the delivery
7to a political action committee of contributions made through
8dues, levies, or similar assessments and the political action
9committee may report the contributions in the aggregate,
10provided that: (i) contributions made through dues, levies, or
11similar assessments paid by any natural person, corporation,
12labor organization, or association in a calendar year may not
13exceed the limits set forth in this Section; (ii) the
14corporation, labor organization, association, or a political
15action committee established by a corporation, labor
16organization, or association facilitating the delivery of
17contributions maintains a list of natural persons,
18corporations, labor organizations, and associations that paid
19the dues, levies, or similar assessments from which the
20contributions comprising the aggregate amount derive; and
21(iii) contributions made through dues, levies, or similar
22assessments paid by any natural person, corporation, labor
23organization, or association that exceed $1,000 in a quarterly
24reporting period shall be itemized on the committee's
25quarterly report and may not be reported in the aggregate. A
26political action committee facilitating the delivery of

 

 

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1contributions or receiving contributions shall disclose the
2amount of contributions made through dues delivered or
3received and the name of the corporation, labor organization,
4association, or political action committee delivering the
5contributions, if applicable. On January 1 of each
6odd-numbered year, the State Board of Elections shall adjust
7the amounts of the contribution limitations established in
8this subsection for inflation as determined by the Consumer
9Price Index for All Urban Consumers as issued by the United
10States Department of Labor and rounded to the nearest $100.
11The State Board shall publish this information on its official
12website.
13    (j) A political committee that receives a contribution or
14transfer in violation of this Section shall dispose of the
15contribution or transfer by returning the contribution or
16transfer, or an amount equal to the contribution or transfer,
17to the contributor or transferor or donating the contribution
18or transfer, or an amount equal to the contribution or
19transfer, to a charity. A contribution or transfer received in
20violation of this Section that is not disposed of as provided
21in this subsection within 30 days after the Board sends
22notification to the political committee of the excess
23contribution by certified mail shall escheat to the General
24Revenue Fund and the political committee shall be deemed in
25violation of this Section and subject to a civil penalty not to
26exceed 150% of the total amount of the contribution.

 

 

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1    (k) For the purposes of this Section, "statewide office"
2means the Governor, Lieutenant Governor, Attorney General,
3Secretary of State, Comptroller, and Treasurer.
4    (l) This Section is repealed if and when the United States
5Supreme Court invalidates contribution limits on committees
6formed to assist candidates, political parties, corporations,
7associations, or labor organizations established by or
8pursuant to federal law.
9(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21;
10102-909, eff. 5-27-22.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.