Full Text of HB6200 96th General Assembly
HB6200 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6200
Introduced 2/11/2010, by Rep. Karen May SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. Sets limits on contributions from political party committees to candidate political committees during an election cycle at which candidates seek election at a general election. Effective January 1, 2011.
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A BILL FOR
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HB6200 |
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LRB096 20889 JAM 36675 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 9-8.5 as follows: | 6 |
| (10 ILCS 5/9-8.5) | 7 |
| (This Section may contain text from a Public Act with a | 8 |
| delayed effective date ) | 9 |
| Sec. 9-8.5. Limitations on campaign contributions. | 10 |
| (a) It is unlawful for a political committee to accept | 11 |
| contributions except as provided in this Section. | 12 |
| (b) During an election cycle, a candidate political | 13 |
| committee may not accept contributions with an aggregate value | 14 |
| over the following: (i) $5,000 from any individual, (ii) | 15 |
| $10,000 from any corporation, labor organization, or | 16 |
| association, or (iii) $50,000 from a candidate political | 17 |
| committee or political action committee. A candidate political | 18 |
| committee may accept contributions in any amount from a | 19 |
| political party committee except during an election cycle in | 20 |
| which the candidate seeks nomination at a primary election. | 21 |
| During an election cycle in which the candidate seeks | 22 |
| nomination at a primary election, a candidate political | 23 |
| committee may not accept contributions from political party |
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| 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 First | 12 |
| Judicial District, an office elected by all voters of a county | 13 |
| of fewer than 1,000,000 residents, and municipal and county | 14 |
| offices in Cook County other than those elected by all voters | 15 |
| of Cook County, and (iv) $50,000 for a candidate political | 16 |
| committee established to support the nomination of a candidate | 17 |
| to any other office. During an election cycle in which the | 18 |
| candidate seeks
election at a general election, a candidate | 19 |
| political
committee may not accept contributions from | 20 |
| political party
committees with an aggregate value over the | 21 |
| following: (i)
$300,000 for a candidate political committee | 22 |
| established to
support a candidate seeking election to | 23 |
| statewide office,
(ii) $175,000 for a candidate political | 24 |
| committee established
to support a candidate seeking election | 25 |
| to the Senate, the
Supreme Court or Appellate Court in the | 26 |
| First Judicial
District, or an office elected by all voters in |
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LRB096 20889 JAM 36675 b |
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| a county with
1,000,000 or more residents, (iii) $125,000 for a | 2 |
| candidate
political committee established to support a | 3 |
| candidate seeking
election to the House of Representatives, the | 4 |
| Supreme Court
or Appellate Court for a Judicial District other | 5 |
| than the First
Judicial District, an office elected by all | 6 |
| voters of a county
of fewer than 1,000,000 residents, and | 7 |
| municipal and county
offices in Cook County other than those | 8 |
| elected by all voters
of Cook County, and (iv) $85,000 for a | 9 |
| candidate political
committee established to support the | 10 |
| election of a candidate
to any other office.
A candidate | 11 |
| political committee established to elect a candidate to the | 12 |
| General Assembly may accept contributions from only one | 13 |
| legislative caucus committee. A candidate political committee | 14 |
| may not accept contributions from a ballot initiative | 15 |
| committee. | 16 |
| (c) During an election cycle, a political party committee | 17 |
| may not accept contributions with an aggregate value over the | 18 |
| following: (i) $10,000 from any individual, (ii) $20,000 from | 19 |
| any corporation, labor organization, or association, or (iii) | 20 |
| $50,000 from a political action committee. A political party | 21 |
| committee may accept contributions in any amount from another | 22 |
| political party committee or a candidate political committee, | 23 |
| except as provided in subsection (c-5). Nothing in this Section | 24 |
| shall limit the amounts that may be transferred between a State | 25 |
| political committee and federal political committee. A | 26 |
| political party committee may not accept contributions from a |
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| ballot initiative committee. A political party committee | 2 |
| established by a legislative caucus may not accept | 3 |
| contributions from another political party committee | 4 |
| established by a legislative caucus. | 5 |
| (c-5) During the period beginning on the date candidates | 6 |
| may begin circulating petitions for a primary election and | 7 |
| ending on the day of the primary election, a political party | 8 |
| committee may not accept contributions with an aggregate value | 9 |
| over $50,000 from a candidate political committee or political | 10 |
| party committee. A political party committee may accept | 11 |
| contributions in any amount from a candidate political | 12 |
| committee or political party committee if the political party | 13 |
| committee receiving the contribution filed a statement of | 14 |
| nonparticipation in the primary as provided in subsection | 15 |
| (c-10). The Task Force on Campaign Finance Reform shall study | 16 |
| and make recommendations on the provisions of this subsection | 17 |
| to the Governor and General Assembly by September 30, 2012. | 18 |
| This subsection becomes inoperative on July 1, 2013 and | 19 |
| thereafter no longer applies. | 20 |
| (c-10) A political party committee that does not intend to | 21 |
| make contributions to candidates to be nominated at a general | 22 |
| primary election or consolidated primary election may file a | 23 |
| Statement of Nonparticipation in a Primary Election with the | 24 |
| Board. The Statement of Nonparticipation shall include a | 25 |
| verification signed by the chairperson and treasurer of the | 26 |
| committee that (i) the committee will not make contributions or |
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| coordinated expenditures in support of or opposition to a | 2 |
| candidate or candidates to be nominated at the general primary | 3 |
| election or consolidated primary election (select one) to be | 4 |
| held on (insert date), (ii) the political party committee may | 5 |
| accept unlimited contributions from candidate political | 6 |
| committees and political party committees, provided that the | 7 |
| political party committee does not make contributions to a | 8 |
| candidate or candidates to be nominated at the primary | 9 |
| election, and (iii) failure to abide by these requirements | 10 |
| shall deem the political party committee in violation of this | 11 |
| Article and subject the committee to a fine of no more than | 12 |
| 150% of the total contributions or coordinated expenditures | 13 |
| made by the committee in violation of this Article. This | 14 |
| subsection becomes inoperative on July 1, 2013 and thereafter | 15 |
| no longer applies. | 16 |
| (d) During an election cycle, a political action committee | 17 |
| may not accept contributions with an aggregate value over the | 18 |
| following: (i) $10,000 from any individual, (ii) $20,000 from | 19 |
| any corporation, labor organization, political party | 20 |
| committee, or association, or (iii) $50,000 from a political | 21 |
| action committee or candidate political committee. A political | 22 |
| action committee may not accept contributions from a ballot | 23 |
| initiative committee. | 24 |
| (e) A ballot initiative committee may accept contributions | 25 |
| in any amount from any source, provided that the committee | 26 |
| files the document required by Section 9-3 of this Article. |
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| (f) Nothing in this Section shall prohibit a political | 2 |
| committee from dividing the proceeds of joint fundraising | 3 |
| efforts; provided that no political committee may receive more | 4 |
| than the limit from any one contributor. | 5 |
| (g) On January 1 of each odd-numbered year, the State Board | 6 |
| of Elections shall adjust the amounts of the contribution | 7 |
| limitations established in this Section for inflation as | 8 |
| determined by the Consumer Price Index for All Urban Consumers | 9 |
| as issued by the United States Department of Labor and rounded | 10 |
| to the nearest $100. The State Board shall publish this | 11 |
| information on its official website. | 12 |
| (h) Self-funding candidates. If a public official, a | 13 |
| candidate, or the public official's or candidate's immediate | 14 |
| family contributes or loans to the public official's or | 15 |
| candidate's political committee or to other political | 16 |
| committees that transfer funds to the public official's or | 17 |
| candidate's political committee or makes independent | 18 |
| expenditures for the benefit of the public official's or | 19 |
| candidate's campaign during the 12 months prior to an election | 20 |
| in an aggregate amount of more than (i) $250,000 for statewide | 21 |
| office or (ii) $100,000 for all other elective offices, then | 22 |
| the public official or candidate shall file with the State | 23 |
| Board of Elections, within one day, a Notification of | 24 |
| Self-funding that shall detail each contribution or loan made | 25 |
| by the public official, the candidate, or the public official's | 26 |
| or candidate's immediate family. Within 2 business days after |
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| the filing of a Notification of Self-funding, the notification | 2 |
| shall be posted on the Board's website and the Board shall give | 3 |
| official notice of the filing to each candidate for the same | 4 |
| office as the public official or candidate making the filing, | 5 |
| including the public official or candidate filing the | 6 |
| Notification of Self-funding. Upon receiving notice from the | 7 |
| Board, all candidates for that office, including the public | 8 |
| official or candidate who filed a Notification of Self-funding, | 9 |
| shall be permitted to accept contributions in excess of any | 10 |
| contribution limits imposed by subsection (b). For the purposes | 11 |
| of this subsection, "immediate family" means the spouse, | 12 |
| parent, or child of a public official or candidate. | 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) the dues, levies, or similar assessments | 21 |
| paid by any natural person, corporation, labor organization, or | 22 |
| association in a calendar year may not exceed the limits set | 23 |
| forth in this Section and (ii) the corporation, labor | 24 |
| organization, association, or a political action committee | 25 |
| established by a corporation, labor organization, or | 26 |
| association facilitating the delivery of contributions |
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| maintains a list of natural persons, corporations, labor | 2 |
| organizations, and associations that paid the dues, levies, or | 3 |
| similar assessments from which the contributions comprising | 4 |
| the aggregate amount derive. A political action committee | 5 |
| facilitating the delivery of contributions or receiving | 6 |
| contributions shall disclose the amount of dues delivered or | 7 |
| received and the name of the corporation, labor organization, | 8 |
| association, or political action committee delivering the | 9 |
| contributions, if applicable. | 10 |
| (j) A political committee that receives a contribution or | 11 |
| transfer in violation of this Section shall dispose of the | 12 |
| contribution or transfer by returning the contribution or | 13 |
| transfer, or an amount equal to the contribution or transfer, | 14 |
| to the contributor or transferor or donating the contribution | 15 |
| or transfer, or an amount equal to the contribution or | 16 |
| transfer, to a charity. A contribution or transfer received in | 17 |
| violation of this Section that is not disposed of as provided | 18 |
| in this subsection within 15 days after its receipt shall | 19 |
| escheat to the General Revenue Fund and the political committee | 20 |
| shall be deemed in violation of this Section and subject to a | 21 |
| civil penalty not to exceed 150% of the total amount of the | 22 |
| contribution. | 23 |
| (k) For the purposes of this Section, "statewide office" | 24 |
| means the Governor, Lieutenant Governor, Attorney General, | 25 |
| Secretary of State, Comptroller, and Treasurer. | 26 |
| (l) This Section is repealed if and when the United States |
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| Supreme Court invalidates contribution limits on committees | 2 |
| formed to assist candidates, political parties, corporations, | 3 |
| associations, or labor organizations established by or | 4 |
| pursuant to federal law.
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| (Source: P.A. 96-832, eff. 1-1-11.)
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| Section 99. Effective date. This Act takes effect January | 7 |
| 1, 2011.
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