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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 | |||||||||||||||||||
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 not accept contributions with an aggregate value | |||||||||||||||||||
17 | in excess of $100,000 from a political party committee during | |||||||||||||||||||
18 | an election cycle. A candidate political committee may accept | |||||||||||||||||||
19 | contributions in any amount from a political party committee | |||||||||||||||||||
20 | except during an election cycle in which the candidate seeks | |||||||||||||||||||
21 | nomination at a primary election. During an election cycle in | |||||||||||||||||||
22 | which the candidate seeks nomination at a primary election, a | |||||||||||||||||||
23 | candidate political committee may not accept contributions |
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1 | from political party committees with an aggregate value over | ||||||
2 | the following: (i) $200,000 for a candidate political | ||||||
3 | committee established to support a candidate seeking | ||||||
4 | nomination to statewide office, (ii) $125,000 for a candidate | ||||||
5 | political committee established to support a candidate seeking | ||||||
6 | nomination to the Senate, the Supreme Court or Appellate Court | ||||||
7 | in the First Judicial District, or an office elected by all | ||||||
8 | voters in a county with 1,000,000 or more residents, (iii) | ||||||
9 | $75,000 for a candidate political committee established to | ||||||
10 | support a candidate seeking nomination to the House of | ||||||
11 | Representatives, the Supreme Court or Appellate Court for a | ||||||
12 | Judicial District other than the First Judicial District, an | ||||||
13 | office elected by all voters of a county of fewer than | ||||||
14 | 1,000,000 residents, and municipal and county offices in Cook | ||||||
15 | County other than those elected by all voters of Cook County, | ||||||
16 | and (iv) $50,000 for a candidate political committee | ||||||
17 | established to support the nomination of a candidate to any | ||||||
18 | other office.
A candidate political committee established to | ||||||
19 | elect a candidate to the General Assembly may accept | ||||||
20 | contributions from only one legislative caucus committee. A | ||||||
21 | candidate political committee established to elect a candidate | ||||||
22 | to the General Assembly may not transfer contributions to or | ||||||
23 | accept contributions from another candidate political | ||||||
24 | committee established to elect a candidate to the General | ||||||
25 | Assembly. A candidate political committee may not accept | ||||||
26 | contributions from a ballot initiative committee or from an
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1 | independent expenditure committee. | ||||||
2 | (c) During an election cycle, a political party committee | ||||||
3 | may not accept contributions with an aggregate value over the | ||||||
4 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
5 | any corporation, labor organization, or association, or (iii) | ||||||
6 | $50,000 from a political action committee. A political party | ||||||
7 | committee may accept contributions in any amount from another | ||||||
8 | political party committee or a candidate political committee, | ||||||
9 | except as provided in subsection (c-5). Nothing in this | ||||||
10 | Section shall limit the amounts that may be transferred | ||||||
11 | between a political party committee established under | ||||||
12 | subsection (a) of Section 7-8 of this Code and an affiliated | ||||||
13 | federal political committee established under the Federal | ||||||
14 | Election Code by the same political party. A political party | ||||||
15 | committee may not accept contributions from a ballot | ||||||
16 | initiative committee or from an
independent expenditure | ||||||
17 | committee. A political party committee established by a | ||||||
18 | legislative caucus may not accept contributions from another | ||||||
19 | political party committee established by a legislative caucus. | ||||||
20 | (c-5) During the period beginning on the date candidates | ||||||
21 | may begin circulating petitions for a primary election and | ||||||
22 | ending on the day of the primary election, a political party | ||||||
23 | committee may not accept contributions with an aggregate value | ||||||
24 | over $50,000 from a candidate political committee or political | ||||||
25 | party committee. A political party committee may accept | ||||||
26 | contributions in any amount from a candidate political |
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1 | committee or political party committee if the political party | ||||||
2 | committee receiving the contribution filed a statement of | ||||||
3 | nonparticipation in the primary as provided in subsection | ||||||
4 | (c-10). The Task Force on Campaign Finance Reform shall study | ||||||
5 | and make recommendations on the provisions of this subsection | ||||||
6 | to the Governor and General Assembly by September 30, 2012. | ||||||
7 | This subsection becomes inoperative on July 1, 2013 and | ||||||
8 | thereafter no longer applies. | ||||||
9 | (c-10) A political party committee that does not intend to | ||||||
10 | make contributions to candidates to be nominated at a general | ||||||
11 | primary election or consolidated primary election may file a | ||||||
12 | Statement of Nonparticipation in a Primary Election with the | ||||||
13 | Board. The Statement of Nonparticipation shall include a | ||||||
14 | verification signed by the chairperson and treasurer of the | ||||||
15 | committee that (i) the committee will not make contributions | ||||||
16 | or coordinated expenditures in support of or opposition to a | ||||||
17 | candidate or candidates to be nominated at the general primary | ||||||
18 | election or consolidated primary election (select one) to be | ||||||
19 | held on (insert date), (ii) the political party committee may | ||||||
20 | accept unlimited contributions from candidate political | ||||||
21 | committees and political party committees, provided that the | ||||||
22 | political party committee does not make contributions to a | ||||||
23 | candidate or candidates to be nominated at the primary | ||||||
24 | election, and (iii) failure to abide by these requirements | ||||||
25 | shall deem the political party committee in violation of this | ||||||
26 | Article and subject the committee to a fine of no more than |
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1 | 150% of the total contributions or coordinated expenditures | ||||||
2 | made by the committee in violation of this Article. This | ||||||
3 | subsection becomes inoperative on July 1, 2013 and thereafter | ||||||
4 | no longer applies. | ||||||
5 | (d) During an election cycle, a political action committee | ||||||
6 | may not accept contributions with an aggregate value over the | ||||||
7 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
8 | any corporation, labor organization, political party | ||||||
9 | committee, or association, or (iii) $50,000 from a political | ||||||
10 | action committee or candidate political committee. A political | ||||||
11 | action committee may not accept contributions from a ballot | ||||||
12 | initiative committee or from an
independent expenditure | ||||||
13 | committee. | ||||||
14 | (e) A ballot initiative committee may accept contributions | ||||||
15 | in any amount from any source, provided that the committee | ||||||
16 | files the document required by Section 9-3 of this Article and | ||||||
17 | files the disclosure reports required by the provisions of | ||||||
18 | this Article. | ||||||
19 | (e-5) An independent expenditure committee may accept | ||||||
20 | contributions in any amount from any source, provided that the | ||||||
21 | committee files the document required by Section 9-3 of this | ||||||
22 | Article and files the disclosure reports required by the | ||||||
23 | provisions of this Article. | ||||||
24 | (f) Nothing in this Section shall prohibit a political | ||||||
25 | committee from dividing the proceeds of joint fundraising | ||||||
26 | efforts; provided that no political committee may receive more |
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1 | than the limit from any one contributor, and provided that an | ||||||
2 | independent
expenditure committee may not conduct joint | ||||||
3 | fundraising efforts with a
candidate political committee or a | ||||||
4 | political party committee. | ||||||
5 | (g) On January 1 of each odd-numbered year, the State | ||||||
6 | Board of Elections shall adjust the amounts of the | ||||||
7 | contribution limitations established in this Section for | ||||||
8 | inflation as determined by the Consumer Price Index for All | ||||||
9 | Urban Consumers as issued by the United States Department of | ||||||
10 | Labor and rounded to the nearest $100. The State Board shall | ||||||
11 | publish this 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 | ||||||
26 | official's or candidate's immediate family. Within 2 business |
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1 | days after the filing of a Notification of Self-funding, the | ||||||
2 | notification shall be posted on the Board's website and the | ||||||
3 | Board shall give official notice of the filing to each | ||||||
4 | candidate for the same office as the public official or | ||||||
5 | candidate making the filing, including the public official or | ||||||
6 | candidate filing the Notification of Self-funding. Notice | ||||||
7 | shall be sent via first class mail to the candidate and the | ||||||
8 | treasurer of the candidate's committee. Notice shall also be | ||||||
9 | sent by e-mail to the candidate and the treasurer of the | ||||||
10 | candidate's committee if the candidate and the treasurer, as | ||||||
11 | applicable, have provided the Board with an e-mail address. | ||||||
12 | Upon posting of the notice on the Board's website, all | ||||||
13 | candidates for that office, including the public official or | ||||||
14 | candidate who filed a Notification of Self-funding, shall be | ||||||
15 | permitted to accept contributions in excess of any | ||||||
16 | contribution limits imposed by subsection (b). If a public | ||||||
17 | official or candidate filed a Notification of Self-funding | ||||||
18 | during an election cycle that includes a general primary | ||||||
19 | election or consolidated primary election and that public | ||||||
20 | official or candidate is nominated, all candidates for that | ||||||
21 | office, including the nominee who filed the notification of | ||||||
22 | self-funding, shall be permitted to accept contributions in | ||||||
23 | excess of any contribution limit imposed by subsection (b) for | ||||||
24 | the subsequent election cycle. For the purposes of this | ||||||
25 | subsection, "immediate family" means the spouse, parent, or | ||||||
26 | child of a public official or candidate. If a public official |
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1 | or a candidate contributes or loans to the public official's | ||||||
2 | or candidate's political committee or to other political | ||||||
3 | committees that transfer funds to the public official's or | ||||||
4 | candidate's political committee or makes independent | ||||||
5 | expenditures for the benefit of the public official's or | ||||||
6 | candidate's campaign during the 12 months prior to an election | ||||||
7 | in an aggregate amount of more than $100,000, any person | ||||||
8 | running against that public official or candidate or a | ||||||
9 | committee established to support a person running against that | ||||||
10 | public official or candidate is not subject to contribution | ||||||
11 | restrictions provided in this Code. | ||||||
12 | (h-5) If a natural person or independent expenditure | ||||||
13 | committee makes independent expenditures in support of or in | ||||||
14 | opposition to the campaign of a particular public official or | ||||||
15 | candidate in an aggregate amount of more than (i) $250,000 for | ||||||
16 | statewide office or (ii) $100,000 for all other elective | ||||||
17 | offices in an election cycle, as reported in a written | ||||||
18 | disclosure filed under subsection (a) of Section 9-8.6 or | ||||||
19 | subsection (e-5) of Section 9-10, then the State Board of | ||||||
20 | Elections shall, within 2 business days after the filing of | ||||||
21 | the disclosure, post the disclosure on the Board's website and | ||||||
22 | give official notice of the disclosure to each candidate for | ||||||
23 | the same office as the public official or candidate for whose | ||||||
24 | benefit or detriment the natural person or independent | ||||||
25 | expenditure committee made independent expenditures. Upon | ||||||
26 | posting of the notice on the Board's website, all candidates |
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1 | for that office in that election, including the public | ||||||
2 | official or candidate for whose benefit or detriment the | ||||||
3 | natural person or independent expenditure committee made | ||||||
4 | independent expenditures, shall be permitted to accept | ||||||
5 | contributions in excess of any contribution limits imposed by | ||||||
6 | subsection (b). | ||||||
7 | (h-10) If the State Board of Elections receives | ||||||
8 | notification or determines that a natural person or persons, | ||||||
9 | an independent expenditure committee or committees, or | ||||||
10 | combination thereof has made independent expenditures in | ||||||
11 | support of or in opposition to the campaign of a particular | ||||||
12 | public official or candidate in an aggregate amount of more | ||||||
13 | than (i) $250,000 for statewide office or (ii) $100,000 for | ||||||
14 | all other elective offices in an election cycle, then the | ||||||
15 | Board shall, within 2 business days after discovering the | ||||||
16 | independent expenditures that, in the aggregate, exceed the | ||||||
17 | threshold set forth in (i) and (ii) of this subsection, post | ||||||
18 | notice of this fact on the Board's website and give official | ||||||
19 | notice to each candidate for the same office as the public | ||||||
20 | official or candidate for whose benefit or detriment the | ||||||
21 | independent expenditures were made. Notice shall be sent via | ||||||
22 | first class mail to the candidate and the treasurer of the | ||||||
23 | candidate's committee. Notice shall also be sent by e-mail to | ||||||
24 | the candidate and the treasurer of the candidate's committee | ||||||
25 | if the candidate and the treasurer, as applicable, have | ||||||
26 | provided the Board with an e-mail address. Upon posting of the |
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1 | notice on the Board's website, all candidates of that office | ||||||
2 | in that election, including the public official or candidate | ||||||
3 | for whose benefit or detriment the independent expenditures | ||||||
4 | were made, may accept contributions in excess of any | ||||||
5 | contribution limits imposed by subsection (b). | ||||||
6 | (i) For the purposes of this Section, a corporation, labor | ||||||
7 | organization, association, or a political action committee | ||||||
8 | established by a corporation, labor organization, or | ||||||
9 | association may act as a conduit in facilitating the delivery | ||||||
10 | to a political action committee of contributions made through | ||||||
11 | dues, levies, or similar assessments and the political action | ||||||
12 | committee may report the contributions in the aggregate, | ||||||
13 | provided that: (i) contributions made through dues, levies, or | ||||||
14 | similar assessments paid by any natural person, corporation, | ||||||
15 | labor organization, or association in a calendar year may not | ||||||
16 | exceed the limits set forth in this Section; (ii) the | ||||||
17 | corporation, labor organization, association, or a political | ||||||
18 | action committee established by a corporation, labor | ||||||
19 | organization, or association facilitating the delivery of | ||||||
20 | contributions maintains a list of natural persons, | ||||||
21 | corporations, labor organizations, and associations that paid | ||||||
22 | the dues, levies, or similar assessments from which the | ||||||
23 | contributions comprising the aggregate amount derive; and | ||||||
24 | (iii) contributions made through dues, levies, or similar | ||||||
25 | assessments paid by any natural person, corporation, labor | ||||||
26 | organization, or association that exceed $500 in a quarterly |
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1 | reporting period shall be itemized on the committee's | ||||||
2 | quarterly report and may not be reported in the aggregate. A | ||||||
3 | political action committee facilitating the delivery of | ||||||
4 | contributions or receiving contributions shall disclose the | ||||||
5 | amount of contributions made through dues delivered or | ||||||
6 | received and the name of the corporation, labor organization, | ||||||
7 | association, or political action committee delivering the | ||||||
8 | contributions, if applicable. On January 1 of each | ||||||
9 | odd-numbered year, the State Board of Elections shall adjust | ||||||
10 | the amounts of the contribution limitations established in | ||||||
11 | this subsection for inflation as determined by the Consumer | ||||||
12 | Price Index for All Urban Consumers as issued by the United | ||||||
13 | States Department of Labor and rounded to the nearest $100. | ||||||
14 | The State Board shall publish this information on its official | ||||||
15 | website. | ||||||
16 | (j) A political committee that receives a contribution or | ||||||
17 | transfer in violation of this Section shall dispose of the | ||||||
18 | contribution or transfer by returning the contribution or | ||||||
19 | transfer, or an amount equal to the contribution or transfer, | ||||||
20 | to the contributor or transferor or donating the contribution | ||||||
21 | or transfer, or an amount equal to the contribution or | ||||||
22 | transfer, to a charity. A contribution or transfer received in | ||||||
23 | violation of this Section that is not disposed of as provided | ||||||
24 | in this subsection within 30 days after the Board sends | ||||||
25 | notification to the political committee of the excess | ||||||
26 | contribution by certified mail shall escheat to the General |
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1 | Revenue Fund and the political committee shall be deemed in | ||||||
2 | violation of this Section and subject to a civil penalty not to | ||||||
3 | exceed 150% of the total amount of the contribution. | ||||||
4 | (k) For the purposes of this Section, "statewide office" | ||||||
5 | means the Governor, Lieutenant Governor, Attorney General, | ||||||
6 | Secretary of State, Comptroller, and Treasurer. | ||||||
7 | (l) This Section is repealed if and when the United States | ||||||
8 | Supreme Court invalidates contribution limits on committees | ||||||
9 | formed to assist candidates, political parties, corporations, | ||||||
10 | associations, or labor organizations established by or | ||||||
11 | pursuant to federal law.
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12 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
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