Illinois General Assembly - Full Text of HB2970
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2970  102nd General Assembly

HB2970 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2970

 

Introduced 2/19/2021, by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-8.5

    Amends the Election Code. Provides that a candidate political committee may not accept contributions with an aggregate value in excess of $100,000 from a political party committee during an election cycle (rather than limiting amounts based on the office the candidate is seeking). Provides that a candidate political committee established to elect a candidate to an office other than a statewide office may only accept contributions required to be itemized from sources reporting an address within the political division for which the office is sought. Provides that if a candidate contributes or loans to his or her candidate political committee or to other political committees that transfer funds to the candidate's political committee or makes independent expenditures for the benefit of the candidate's campaign during the 12 months prior to an election in an aggregate amount of more than $100,000, any person running against that candidate or a committee established to support a person running against that candidate is not subject to contribution restrictions provided in the Code.


LRB102 12564 SMS 17902 b

 

 

A BILL FOR

 

HB2970LRB102 12564 SMS 17902 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 not accept contributions with an aggregate value
17in excess of $100,000 from a political party committee during
18an election cycle. A candidate political committee may accept
19contributions in any amount from a political party committee
20except during an election cycle in which the candidate seeks
21nomination at a primary election. During an election cycle in
22which the candidate seeks nomination at a primary election, a
23candidate political committee may not accept contributions

 

 

HB2970- 2 -LRB102 12564 SMS 17902 b

1from political party committees with an aggregate value over
2the following: (i) $200,000 for a candidate political
3committee established to support a candidate seeking
4nomination to statewide office, (ii) $125,000 for a candidate
5political committee established to support a candidate seeking
6nomination to the Senate, the Supreme Court or Appellate Court
7in the First Judicial District, or an office elected by all
8voters in a county with 1,000,000 or more residents, (iii)
9$75,000 for a candidate political committee established to
10support a candidate seeking nomination to the House of
11Representatives, the Supreme Court or Appellate Court for a
12Judicial District other than the First Judicial District, an
13office elected by all voters of a county of fewer than
141,000,000 residents, and municipal and county offices in Cook
15County other than those elected by all voters of Cook County,
16and (iv) $50,000 for a candidate political committee
17established to support the nomination of a candidate to any
18other office. A candidate political committee established to
19elect a candidate to the General Assembly may accept
20contributions from only one legislative caucus committee. A
21candidate political committee may not accept contributions
22from a ballot initiative committee or from an independent
23expenditure committee. A candidate political committee
24established to elect a candidate to an office other than a
25statewide office may only accept contributions required to be
26itemized from sources reporting an address within the

 

 

HB2970- 3 -LRB102 12564 SMS 17902 b

1political division for which the office is sought.
2    (c) During an election cycle, a political party committee
3may not accept contributions with an aggregate value over the
4following: (i) $10,000 from any individual, (ii) $20,000 from
5any corporation, labor organization, or association, or (iii)
6$50,000 from a political action committee. A political party
7committee may accept contributions in any amount from another
8political party committee or a candidate political committee,
9except as provided in subsection (c-5). Nothing in this
10Section shall limit the amounts that may be transferred
11between a political party committee established under
12subsection (a) of Section 7-8 of this Code and an affiliated
13federal political committee established under the Federal
14Election Code by the same political party. A political party
15committee may not accept contributions from a ballot
16initiative committee or from an independent expenditure
17committee. A political party committee established by a
18legislative caucus may not accept contributions from another
19political party committee established by a legislative caucus.
20    (c-5) During the period beginning on the date candidates
21may begin circulating petitions for a primary election and
22ending on the day of the primary election, a political party
23committee may not accept contributions with an aggregate value
24over $50,000 from a candidate political committee or political
25party committee. A political party committee may accept
26contributions in any amount from a candidate political

 

 

HB2970- 4 -LRB102 12564 SMS 17902 b

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

 

 

HB2970- 5 -LRB102 12564 SMS 17902 b

1150% of the total contributions or coordinated expenditures
2made by the committee in violation of this Article. This
3subsection becomes inoperative on July 1, 2013 and thereafter
4no longer applies.
5    (d) During an election cycle, a political action committee
6may not accept contributions with an aggregate value over the
7following: (i) $10,000 from any individual, (ii) $20,000 from
8any corporation, labor organization, political party
9committee, or association, or (iii) $50,000 from a political
10action committee or candidate political committee. A political
11action committee may not accept contributions from a ballot
12initiative committee or from an independent expenditure
13committee.
14    (e) A ballot initiative committee may accept contributions
15in any amount from any source, provided that the committee
16files the document required by Section 9-3 of this Article and
17files the disclosure reports required by the provisions of
18this Article.
19    (e-5) An independent expenditure committee may accept
20contributions in any amount from any source, provided that the
21committee files the document required by Section 9-3 of this
22Article and files the disclosure reports required by the
23provisions of this Article.
24    (f) Nothing in this Section shall prohibit a political
25committee from dividing the proceeds of joint fundraising
26efforts; provided that no political committee may receive more

 

 

HB2970- 6 -LRB102 12564 SMS 17902 b

1than the limit from any one contributor, and provided that an
2independent expenditure committee may not conduct joint
3fundraising efforts with a candidate political committee or a
4political party committee.
5    (g) On January 1 of each odd-numbered year, the State
6Board of Elections shall adjust the amounts of the
7contribution limitations established in this Section for
8inflation as determined by the Consumer Price Index for All
9Urban Consumers as issued by the United States Department of
10Labor and rounded to the nearest $100. The State Board shall
11publish this information on its official website.
12    (h) Self-funding candidates. If a public official, a
13candidate, or the public official's or candidate's immediate
14family contributes or loans to the public official's or
15candidate's political committee or to other political
16committees that transfer funds to the public official's or
17candidate's political committee or makes independent
18expenditures for the benefit of the public official's or
19candidate's campaign during the 12 months prior to an election
20in an aggregate amount of more than (i) $250,000 for statewide
21office or (ii) $100,000 for all other elective offices, then
22the public official or candidate shall file with the State
23Board of Elections, within one day, a Notification of
24Self-funding that shall detail each contribution or loan made
25by the public official, the candidate, or the public
26official's or candidate's immediate family. Within 2 business

 

 

HB2970- 7 -LRB102 12564 SMS 17902 b

1days after the filing of a Notification of Self-funding, the
2notification shall be posted on the Board's website and the
3Board shall give official notice of the filing to each
4candidate for the same office as the public official or
5candidate making the filing, including the public official or
6candidate filing the Notification of Self-funding. Notice
7shall be sent via first class mail to the candidate and the
8treasurer of the candidate's committee. Notice shall also be
9sent by e-mail to the candidate and the treasurer of the
10candidate's committee if the candidate and the treasurer, as
11applicable, have provided the Board with an e-mail address.
12Upon posting of the notice on the Board's website, all
13candidates for that office, including the public official or
14candidate who filed a Notification of Self-funding, shall be
15permitted to accept contributions in excess of any
16contribution limits imposed by subsection (b). If a public
17official or candidate filed a Notification of Self-funding
18during an election cycle that includes a general primary
19election or consolidated primary election and that public
20official or candidate is nominated, all candidates for that
21office, including the nominee who filed the notification of
22self-funding, shall be permitted to accept contributions in
23excess of any contribution limit imposed by subsection (b) for
24the subsequent election cycle. For the purposes of this
25subsection, "immediate family" means the spouse, parent, or
26child of a public official or candidate. If a public official

 

 

HB2970- 8 -LRB102 12564 SMS 17902 b

1or a candidate contributes or loans to the public official's
2or candidate's political committee or to other political
3committees that transfer funds to the public official's or
4candidate's political committee or makes independent
5expenditures for the benefit of the public official's or
6candidate's campaign during the 12 months prior to an election
7in an aggregate amount of more than $100,000, any person
8running against that public official or candidate or a
9committee established to support a person running against that
10public official or candidate is not subject to contribution
11restrictions provided in this Code.
12    (h-5) If a natural person or independent expenditure
13committee makes independent expenditures in support of or in
14opposition to the campaign of a particular public official or
15candidate in an aggregate amount of more than (i) $250,000 for
16statewide office or (ii) $100,000 for all other elective
17offices in an election cycle, as reported in a written
18disclosure filed under subsection (a) of Section 9-8.6 or
19subsection (e-5) of Section 9-10, then the State Board of
20Elections shall, within 2 business days after the filing of
21the disclosure, post the disclosure on the Board's website and
22give official notice of the disclosure to each candidate for
23the same office as the public official or candidate for whose
24benefit or detriment the natural person or independent
25expenditure committee made independent expenditures. Upon
26posting of the notice on the Board's website, all candidates

 

 

HB2970- 9 -LRB102 12564 SMS 17902 b

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

 

 

HB2970- 10 -LRB102 12564 SMS 17902 b

1notice on the Board's website, all candidates of that office
2in that election, including the public official or candidate
3for whose benefit or detriment the independent expenditures
4were made, may accept contributions in excess of any
5contribution limits imposed by subsection (b).
6    (i) For the purposes of this Section, a corporation, labor
7organization, association, or a political action committee
8established by a corporation, labor organization, or
9association may act as a conduit in facilitating the delivery
10to a political action committee of contributions made through
11dues, levies, or similar assessments and the political action
12committee may report the contributions in the aggregate,
13provided that: (i) contributions made through dues, levies, or
14similar assessments paid by any natural person, corporation,
15labor organization, or association in a calendar year may not
16exceed the limits set forth in this Section; (ii) the
17corporation, labor organization, association, or a political
18action committee established by a corporation, labor
19organization, or association facilitating the delivery of
20contributions maintains a list of natural persons,
21corporations, labor organizations, and associations that paid
22the dues, levies, or similar assessments from which the
23contributions comprising the aggregate amount derive; and
24(iii) contributions made through dues, levies, or similar
25assessments paid by any natural person, corporation, labor
26organization, or association that exceed $500 in a quarterly

 

 

HB2970- 11 -LRB102 12564 SMS 17902 b

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

 

 

HB2970- 12 -LRB102 12564 SMS 17902 b

1Revenue Fund and the political committee shall be deemed in
2violation of this Section and subject to a civil penalty not to
3exceed 150% of the total amount of the contribution.
4    (k) For the purposes of this Section, "statewide office"
5means the Governor, Lieutenant Governor, Attorney General,
6Secretary of State, Comptroller, and Treasurer.
7    (l) This Section is repealed if and when the United States
8Supreme Court invalidates contribution limits on committees
9formed to assist candidates, political parties, corporations,
10associations, or labor organizations established by or
11pursuant to federal law.
12(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)