Illinois General Assembly - Full Text of HB0716
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 HB0716  102nd General Assembly

HB0716enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0716 EnrolledLRB102 10068 RJF 15388 b

1    AN ACT concerning government.
 
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 and by adding Section 1-21 as follows:
 
6    (10 ILCS 5/1-21 new)
7    Sec. 1-21. Public Financing of Judicial Elections Task
8Force.
9    (a) The Public Financing of Judicial Elections Task Force
10is hereby created for the purposes described in subsection
11(b). Members of the Task Force shall be appointed as follows:
12        (1) one member appointed by the Governor;
13        (2) one member appointed by the Attorney General;
14        (3) 2 members appointed by the President of the
15    Senate;
16        (4) 2 members appointed by the Speaker of the House of
17    Representatives;
18        (5) 2 members appointed by the Minority Leader of the
19    Senate; and
20        (6) 2 members appointed by the Minority Leader of the
21    House of Representatives.
22    (b) The Task Force shall study the feasibility of
23implementing a system of campaign finance that would allow

 

 

HB0716 Enrolled- 2 -LRB102 10068 RJF 15388 b

1public funds to be used to subsidize campaigns for candidates
2for judicial office in exchange for voluntary adherence by
3those campaigns to specified expenditure limitations. In
4conducting its study, the Task Force shall consider whether
5implementing such a system of public financing is in the best
6interest of the State. The Task Force may propose one or more
7funding sources for the public financing of judicial
8elections, including, but not limited to, fines, voluntary
9contributions, surcharges on lobbying activities, and a
10whistleblower fund. The Task Force shall consider the
11following factors:
12        (1) the amount of funds raised by past candidates for
13    judicial office;
14        (2) the amount of funds expended by past candidates
15    for judicial office;
16        (3) the disparity in the amount of funds raised by
17    candidates for judicial office of different political
18    parties;
19        (4) the amount of funds expended with respect to
20    campaigns for judicial office by entities not affiliated
21    with a candidate;
22        (5) the amount of money contributed to or expended by
23    a committee of a political party to promote a candidate
24    for judicial office;
25        (6) jurisprudence concerning campaign finance and
26    public financing of political campaigns, both for judicial

 

 

HB0716 Enrolled- 3 -LRB102 10068 RJF 15388 b

1    office and generally; and
2        (7) any other factors that the Task Force determines
3    are related to the public financing of elections in this
4    State.
5    The Task Force shall also suggest changes to current law
6that would be necessary to facilitate public financing of
7candidates for judicial office.
8    (c) The Task Force shall complete its study no later than
9June 30, 2023 and shall report its findings to the Governor and
10the General Assembly as soon as possible after the study is
11complete.
12    (d) The Members shall serve without compensation. If a
13vacancy occurs on the Task Force, it shall be filled according
14to the guidelines of the initial appointment.
15    (e) The State Board of Elections shall provide staff and
16administrative support to the Task Force.
17    (f) As used in this Section, "judicial office" means
18nomination, election, or retention to the Supreme Court, the
19Appellate Court, or the Circuit Court.
20    (g) This Section is repealed on July 1, 2024.
 
21    (10 ILCS 5/9-8.5)
22    Sec. 9-8.5. Limitations on campaign contributions.
23    (a) It is unlawful for a political committee to accept
24contributions except as provided in this Section.
25    (b) During an election cycle, a candidate political

 

 

HB0716 Enrolled- 4 -LRB102 10068 RJF 15388 b

1committee may not accept contributions with an aggregate value
2over the following: (i) $5,000 from any individual, (ii)
3$10,000 from any corporation, labor organization, or
4association, or (iii) $50,000 from a candidate political
5committee or political action committee. A candidate political
6committee may accept contributions in any amount from a
7political party committee except during an election cycle in
8which the candidate seeks nomination at a primary election.
9During an election cycle in which the candidate seeks
10nomination at a primary election, a candidate political
11committee may not accept contributions from political party
12committees with an aggregate value over the following: (i)
13$200,000 for a candidate political committee established to
14support a candidate seeking nomination to statewide office,
15(ii) $125,000 for a candidate political committee established
16to support a candidate seeking nomination to the Senate, the
17Supreme Court or Appellate Court in the First Judicial
18District, or an office elected by all voters in a county with
191,000,000 or more residents, (iii) $75,000 for a candidate
20political committee established to support a candidate seeking
21nomination to the House of Representatives, the Supreme Court
22or Appellate Court for a Judicial District other than the
23First Judicial District, an office elected by all voters of a
24county of fewer than 1,000,000 residents, and municipal and
25county offices in Cook County other than those elected by all
26voters of Cook County, and (iv) $50,000 for a candidate

 

 

HB0716 Enrolled- 5 -LRB102 10068 RJF 15388 b

1political committee established to support the nomination of a
2candidate to any other office. A candidate political committee
3established to elect a candidate to the General Assembly may
4accept contributions from only one legislative caucus
5committee. A candidate political committee may not accept
6contributions from a ballot initiative committee or from an
7independent expenditure committee.
8    (b-5) Judicial elections.
9        (1) In addition to any other provision of this
10    Section, a candidate political committee established to
11    support or oppose a candidate seeking nomination to the
12    Supreme Court, Appellate Court, or Circuit Court may not:
13            (A) accept contributions from any entity that does
14        not disclose the identity of those who make
15        contributions to the entity, except for contributions
16        that are not required to be itemized by this Code; or
17            (B) accept contributions from any out-of-state
18        person, as defined in this Article.
19        (1.1) In addition to any other provision of this
20    Section, a political committee that is self-funding, as
21    described in subsection (h) of this Section, and is
22    established to support or oppose a candidate seeking
23    nomination, election, or retention to the Supreme Court,
24    the Appellate Court, or the Circuit Court may not accept
25    contributions from any single person, other than the
26    judicial candidate or the candidate's immediate family, in

 

 

HB0716 Enrolled- 6 -LRB102 10068 RJF 15388 b

1    a cumulative amount that exceeds $500,000 in any election
2    cycle. Any contribution in excess of the limits in this
3    paragraph (1.1) shall escheat to the State of Illinois.
4    Any political committee that receives such a contribution
5    shall immediately forward the amount that exceeds $500,000
6    to the State Treasurer who shall deposit the funds into
7    the State Treasury.
8        (1.2) In addition to any other provision of this
9    Section, an independent expenditure committee established
10    to support or oppose a candidate seeking nomination,
11    election, or retention to the Supreme Court, the Appellate
12    Court, or the Circuit Court may not accept contributions
13    from any single person in a cumulative amount that exceeds
14    $500,000 in any election cycle. Any contribution in excess
15    of the limits in this paragraph (1.2) shall escheat to the
16    State of Illinois. Any independent expenditure committee
17    that receives such a contribution shall immediately
18    forward the amount that exceeds $500,000 to the State
19    Treasurer who shall deposit the funds into the State
20    Treasury.
21        (1.3) In addition to any other provision of this
22    Section, if a political committee established to support
23    or oppose a candidate seeking nomination, election, or
24    retention to the Supreme Court, the Appellate Court, or
25    the Circuit Court receives a contribution in excess of
26    $500 from: (i) any committee that is not required to

 

 

HB0716 Enrolled- 7 -LRB102 10068 RJF 15388 b

1    disclose its contributors under this Act; (ii) any
2    association that is not required to disclose its
3    contributors under this Act; or (iii) any other
4    organization or group of persons that is not required to
5    disclose its contributors under this Act, then that
6    contribution shall be considered an anonymous contribution
7    that shall escheat to the State, unless the political
8    committee reports to the State Board of Elections all
9    persons who have contributed in excess of $500 during the
10    same election cycle to the committee, association,
11    organization, or group making the contribution. Any
12    political committee that receives such a contribution and
13    fails to report this information shall forward the
14    contribution amount immediately to the State Treasurer who
15    shall deposit the funds into the State Treasury.
16        (2) As used in this subsection, "contribution" has the
17    meaning provided in Section 9-1.4 and also includes the
18    following that are subject to the limits of this Section:
19            (A) expenditures made by any person in concert or
20        cooperation with, or at the request or suggestion of,
21        a candidate, his or her designated committee, or their
22        agents; and
23            (B) the financing by any person of the
24        dissemination, distribution, or republication, in
25        whole or in part, of any broadcast or any written,
26        graphic, or other form of campaign materials prepared

 

 

HB0716 Enrolled- 8 -LRB102 10068 RJF 15388 b

1        by the candidate, his or her campaign committee, or
2        their designated agents.
3        (3) As to contributions to a candidate political
4    committee established to support a candidate seeking
5    nomination to the Supreme Court, Appellate Court, or
6    Circuit Court:
7            (A) No person shall make a contribution in the
8        name of another person or knowingly permit his or her
9        name to be used to effect such a contribution.
10            (B) No person shall knowingly accept a
11        contribution made by one person in the name of another
12        person.
13            (C) No person shall knowingly accept reimbursement
14        from another person for a contribution made in his or
15        her own name.
16            (D) No person shall make an anonymous
17        contribution.
18            (E) No person shall knowingly accept any anonymous
19        contribution.
20            (F) No person shall predicate (1) any benefit,
21        including, but not limited to, employment decisions,
22        including hiring, promotions, bonus compensation, and
23        transfers, or (2) any other gift, transfer, or
24        emolument upon:
25                (i) the decision by the recipient of that
26            benefit to donate or not to donate to a candidate;

 

 

HB0716 Enrolled- 9 -LRB102 10068 RJF 15388 b

1            or
2                (ii) the amount of any such donation.
3        (4) No judicial candidate or political committee
4    established to support a candidate seeking nomination to
5    the Supreme Court, Appellate Court, or Circuit Court shall
6    knowingly accept any contribution or make any expenditure
7    in violation of the provisions of this Section. No officer
8    or employee of a political committee established to
9    support a candidate seeking nomination to the Supreme
10    Court, Appellate Court, or Circuit Court shall knowingly
11    accept a contribution made for the benefit or use of a
12    candidate or knowingly make any expenditure in support of
13    or opposition to a candidate or for electioneering
14    communications in relation to a candidate in violation of
15    any limitation designated for contributions and
16    expenditures under this Section.
17        (5) Where the provisions of this subsection (b-5)
18    conflict with any other provision of this Code, this
19    subsection (b-5) shall control.
20    (c) During an election cycle, a political party committee
21may not accept contributions with an aggregate value over the
22following: (i) $10,000 from any individual, (ii) $20,000 from
23any corporation, labor organization, or association, or (iii)
24$50,000 from a political action committee. A political party
25committee may accept contributions in any amount from another
26political party committee or a candidate political committee,

 

 

HB0716 Enrolled- 10 -LRB102 10068 RJF 15388 b

1except as provided in subsection (c-5). Nothing in this
2Section shall limit the amounts that may be transferred
3between a political party committee established under
4subsection (a) of Section 7-8 of this Code and an affiliated
5federal political committee established under the Federal
6Election Code by the same political party. A political party
7committee may not accept contributions from a ballot
8initiative committee or from an independent expenditure
9committee. A political party committee established by a
10legislative caucus may not accept contributions from another
11political party committee established by a legislative caucus.
12    (c-5) During the period beginning on the date candidates
13may begin circulating petitions for a primary election and
14ending on the day of the primary election, a political party
15committee may not accept contributions with an aggregate value
16over $50,000 from a candidate political committee or political
17party committee. A political party committee may accept
18contributions in any amount from a candidate political
19committee or political party committee if the political party
20committee receiving the contribution filed a statement of
21nonparticipation in the primary as provided in subsection
22(c-10). The Task Force on Campaign Finance Reform shall study
23and make recommendations on the provisions of this subsection
24to the Governor and General Assembly by September 30, 2012.
25This subsection becomes inoperative on July 1, 2013 and
26thereafter no longer applies.

 

 

HB0716 Enrolled- 11 -LRB102 10068 RJF 15388 b

1    (c-10) A political party committee that does not intend to
2make contributions to candidates to be nominated at a general
3primary election or consolidated primary election may file a
4Statement of Nonparticipation in a Primary Election with the
5Board. The Statement of Nonparticipation shall include a
6verification signed by the chairperson and treasurer of the
7committee that (i) the committee will not make contributions
8or coordinated expenditures in support of or opposition to a
9candidate or candidates to be nominated at the general primary
10election or consolidated primary election (select one) to be
11held on (insert date), (ii) the political party committee may
12accept unlimited contributions from candidate political
13committees and political party committees, provided that the
14political party committee does not make contributions to a
15candidate or candidates to be nominated at the primary
16election, and (iii) failure to abide by these requirements
17shall deem the political party committee in violation of this
18Article and subject the committee to a fine of no more than
19150% of the total contributions or coordinated expenditures
20made by the committee in violation of this Article. This
21subsection becomes inoperative on July 1, 2013 and thereafter
22no longer applies.
23    (d) During an election cycle, a political action committee
24may not accept contributions with an aggregate value over the
25following: (i) $10,000 from any individual, (ii) $20,000 from
26any corporation, labor organization, political party

 

 

HB0716 Enrolled- 12 -LRB102 10068 RJF 15388 b

1committee, or association, or (iii) $50,000 from a political
2action committee or candidate political committee. A political
3action committee may not accept contributions from a ballot
4initiative committee or from an independent expenditure
5committee.
6    (e) A ballot initiative committee may accept contributions
7in any amount from any source, provided that the committee
8files the document required by Section 9-3 of this Article and
9files the disclosure reports required by the provisions of
10this Article.
11    (e-5) An independent expenditure committee may accept
12contributions in any amount from any source, provided that the
13committee files the document required by Section 9-3 of this
14Article and files the disclosure reports required by the
15provisions of this Article.
16    (e-10) A limited activity committee shall not accept
17contributions, except that the officer or a candidate the
18committee has designated to support may contribute personal
19funds in order to pay for maintenance expenses. A limited
20activity committee may only make expenditures that are: (i)
21necessary for maintenance of the committee; (ii) for rent or
22lease payments until the end of the lease in effect at the time
23the officer or candidate is confirmed by the Senate; (iii)
24contributions to 501(c)(3) charities; or (iv) returning
25contributions to original contributors.
26    (f) Nothing in this Section shall prohibit a political

 

 

HB0716 Enrolled- 13 -LRB102 10068 RJF 15388 b

1committee from dividing the proceeds of joint fundraising
2efforts; provided that no political committee may receive more
3than the limit from any one contributor, and provided that an
4independent expenditure committee may not conduct joint
5fundraising efforts with a candidate political committee or a
6political party committee.
7    (g) On January 1 of each odd-numbered year, the State
8Board of Elections shall adjust the amounts of the
9contribution limitations established in this Section for
10inflation as determined by the Consumer Price Index for All
11Urban Consumers as issued by the United States Department of
12Labor and rounded to the nearest $100. The State Board shall
13publish this information on its official website.
14    (h) Self-funding candidates. If a public official, a
15candidate, or the public official's or candidate's immediate
16family contributes or loans to the public official's or
17candidate's political committee or to other political
18committees that transfer funds to the public official's or
19candidate's political committee or makes independent
20expenditures for the benefit of the public official's or
21candidate's campaign during the 12 months prior to an election
22in an aggregate amount of more than (i) $250,000 for statewide
23office or (ii) $100,000 for all other elective offices, then
24the public official or candidate shall file with the State
25Board of Elections, within one day, a Notification of
26Self-funding that shall detail each contribution or loan made

 

 

HB0716 Enrolled- 14 -LRB102 10068 RJF 15388 b

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

 

 

HB0716 Enrolled- 15 -LRB102 10068 RJF 15388 b

1subsection, "immediate family" means the spouse, parent, or
2child of a public official or candidate.
3    (h-5) If a natural person or independent expenditure
4committee makes independent expenditures in support of or in
5opposition to the campaign of a particular public official or
6candidate in an aggregate amount of more than (i) $250,000 for
7statewide office or (ii) $100,000 for all other elective
8offices in an election cycle, as reported in a written
9disclosure filed under subsection (a) of Section 9-8.6 or
10subsection (e-5) of Section 9-10, then the State Board of
11Elections shall, within 2 business days after the filing of
12the disclosure, post the disclosure on the Board's website and
13give official notice of the disclosure to each candidate for
14the same office as the public official or candidate for whose
15benefit or detriment the natural person or independent
16expenditure committee made independent expenditures. Upon
17posting of the notice on the Board's website, all candidates
18for that office in that election, including the public
19official or candidate for whose benefit or detriment the
20natural person or independent expenditure committee made
21independent expenditures, shall be permitted to accept
22contributions in excess of any contribution limits imposed by
23subsection (b).
24    (h-10) If the State Board of Elections receives
25notification or determines that a natural person or persons,
26an independent expenditure committee or committees, or

 

 

HB0716 Enrolled- 16 -LRB102 10068 RJF 15388 b

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

 

 

HB0716 Enrolled- 17 -LRB102 10068 RJF 15388 b

1to a political action committee of contributions made through
2dues, levies, or similar assessments and the political action
3committee may report the contributions in the aggregate,
4provided that: (i) contributions made through dues, levies, or
5similar assessments paid by any natural person, corporation,
6labor organization, or association in a calendar year may not
7exceed the limits set forth in this Section; (ii) the
8corporation, labor organization, association, or a political
9action committee established by a corporation, labor
10organization, or association facilitating the delivery of
11contributions maintains a list of natural persons,
12corporations, labor organizations, and associations that paid
13the dues, levies, or similar assessments from which the
14contributions comprising the aggregate amount derive; and
15(iii) contributions made through dues, levies, or similar
16assessments paid by any natural person, corporation, labor
17organization, or association that exceed $1,000 in a quarterly
18reporting period shall be itemized on the committee's
19quarterly report and may not be reported in the aggregate. A
20political action committee facilitating the delivery of
21contributions or receiving contributions shall disclose the
22amount of contributions made through dues delivered or
23received and the name of the corporation, labor organization,
24association, or political action committee delivering the
25contributions, if applicable. On January 1 of each
26odd-numbered year, the State Board of Elections shall adjust

 

 

HB0716 Enrolled- 18 -LRB102 10068 RJF 15388 b

1the amounts of the contribution limitations established in
2this subsection for inflation as determined by the Consumer
3Price Index for All Urban Consumers as issued by the United
4States Department of Labor and rounded to the nearest $100.
5The State Board shall publish this information on its official
6website.
7    (j) A political committee that receives a contribution or
8transfer in violation of this Section shall dispose of the
9contribution or transfer by returning the contribution or
10transfer, or an amount equal to the contribution or transfer,
11to the contributor or transferor or donating the contribution
12or transfer, or an amount equal to the contribution or
13transfer, to a charity. A contribution or transfer received in
14violation of this Section that is not disposed of as provided
15in this subsection within 30 days after the Board sends
16notification to the political committee of the excess
17contribution by certified mail shall escheat to the General
18Revenue Fund and the political committee shall be deemed in
19violation of this Section and subject to a civil penalty not to
20exceed 150% of the total amount of the contribution.
21    (k) For the purposes of this Section, "statewide office"
22means the Governor, Lieutenant Governor, Attorney General,
23Secretary of State, Comptroller, and Treasurer.
24    (l) This Section is repealed if and when the United States
25Supreme Court invalidates contribution limits on committees
26formed to assist candidates, political parties, corporations,

 

 

HB0716 Enrolled- 19 -LRB102 10068 RJF 15388 b

1associations, or labor organizations established by or
2pursuant to federal law.
3(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.