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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | 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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1 | committees with an aggregate value over the following: (i) | ||||||
2 | $200,000 for a candidate political committee established to | ||||||
3 | support a candidate seeking nomination to statewide office, | ||||||
4 | (ii) $125,000 for a candidate political committee established | ||||||
5 | to support a candidate seeking nomination to the Senate, the | ||||||
6 | Supreme Court or Appellate Court in the First Judicial | ||||||
7 | District, or an office elected by all voters in a county with | ||||||
8 | 1,000,000 or more residents, (iii) $75,000 for a candidate | ||||||
9 | political committee established to support a candidate seeking | ||||||
10 | nomination to the House of Representatives, the Supreme Court | ||||||
11 | or Appellate Court for a Judicial District other than the 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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1 | 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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1 | 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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1 | 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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1 | (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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1 | 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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1 | 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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1 | 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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5 | (Source: P.A. 96-832, eff. 1-1-11.)
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6 | Section 99. Effective date. This Act takes effect January | ||||||
7 | 1, 2011.
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