Illinois General Assembly - Full Text of HB4119
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Full Text of HB4119  103rd General Assembly




State of Illinois
2023 and 2024


Introduced , by Rep. Tony M. McCombie


10 ILCS 5/9-8.10
10 ILCS 5/9-33 new

    Amends the Election Code. Prohibits a political committee from making certain expenditures to provide a defense in any criminal case or a defense in a civil case against any claims that a person has committed misconduct in his or her capacity as a public official, any claims of sexual harassment, or any claims of discrimination. Requires that a person found to have used campaign contributions in violation of the Code shall return contributions to the contributor or pay to the State if the contributor cannot be identified or reimbursed. Requires the political committee to include information on the contributions returned to the contributor or paid to the State in the committee's quarterly report to the State Board of Elections.

LRB103 33362 AWJ 63174 b





HB4119LRB103 33362 AWJ 63174 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 9-8.10 and by adding Section 9-33 as follows:
6    (10 ILCS 5/9-8.10)
7    Sec. 9-8.10. Use of political committee and other
8reporting organization funds.
9    (a) A political committee shall not make expenditures:
10        (1) In violation of any law of the United States or of
11    this State.
12        (2) Clearly in excess of the fair market value of the
13    services, materials, facilities, or other things of value
14    received in exchange.
15        (3) For satisfaction or repayment of any debts other
16    than loans made to the committee or to the public official
17    or candidate on behalf of the committee or repayment of
18    goods and services purchased by the committee under a
19    credit agreement. Nothing in this Section authorizes the
20    use of campaign funds to repay personal loans. The
21    repayments shall be made by check written to the person
22    who made the loan or credit agreement. The terms and
23    conditions of any loan or credit agreement to a committee



HB4119- 2 -LRB103 33362 AWJ 63174 b

1    shall be set forth in a written agreement, including but
2    not limited to the method and amount of repayment, that
3    shall be executed by the chair or treasurer of the
4    committee at the time of the loan or credit agreement. The
5    loan or agreement shall also set forth the rate of
6    interest for the loan, if any, which may not substantially
7    exceed the prevailing market interest rate at the time the
8    agreement is executed.
9        (4) For the satisfaction or repayment of any debts or
10    for the payment of any expenses relating to a personal
11    residence. Campaign funds may not be used as collateral
12    for home mortgages.
13        (5) For clothing or personal laundry expenses, except
14    clothing items rented by the public official or candidate
15    for his or her own use exclusively for a specific
16    campaign-related event, provided that committees may
17    purchase costumes, novelty items, or other accessories
18    worn primarily to advertise the candidacy.
19        (6) For the travel expenses of any person unless the
20    travel is necessary for fulfillment of political,
21    governmental, or public policy duties, activities, or
22    purposes.
23        (7) For membership or club dues charged by
24    organizations, clubs, or facilities that are primarily
25    engaged in providing health, exercise, or recreational
26    services; provided, however, that funds received under



HB4119- 3 -LRB103 33362 AWJ 63174 b

1    this Article may be used to rent the clubs or facilities
2    for a specific campaign-related event.
3        (8) In payment for anything of value or for
4    reimbursement of any expenditure for which any person has
5    been reimbursed by the State or any person. For purposes
6    of this item (8), a per diem allowance is not a
7    reimbursement.
8        (9) For the lease or purchase of or installment
9    payment for a motor vehicle unless the political committee
10    can demonstrate the vehicle will be used primarily for
11    campaign purposes or for the performance of governmental
12    duties. Nothing in this paragraph prohibits a political
13    committee from using political funds to make expenditures
14    related to vehicles not purchased or leased by a political
15    committee, provided the expenditure relates to the use of
16    the vehicle for primarily campaign purposes or the
17    performance of governmental duties. Persons using vehicles
18    not purchased or leased by a political committee may be
19    reimbursed for actual mileage for the use of the vehicle
20    for campaign purposes or for the performance of
21    governmental duties. The mileage reimbursements shall be
22    made at a rate not to exceed the standard mileage rate
23    method for computation of business expenses under the
24    Internal Revenue Code.
25        (10) Directly for an individual's tuition or other
26    educational expenses, except for governmental or political



HB4119- 4 -LRB103 33362 AWJ 63174 b

1    purposes directly related to a candidate's or public
2    official's duties and responsibilities.
3        (11) For payments to a public official or candidate or
4    his or her family member unless for compensation for
5    services actually rendered by that person. The provisions
6    of this item (11) do not apply to expenditures by a
7    political committee for expenses related to providing
8    childcare for a minor child or care for a dependent family
9    member if the care is reasonably necessary for the public
10    official or candidate to fulfill political or governmental
11    duties. The provisions of this item (11) do not apply to
12    expenditures by a political committee in an aggregate
13    amount not exceeding the amount of funds reported to and
14    certified by the State Board or county clerk as available
15    as of June 30, 1998, in the semi-annual report of
16    contributions and expenditures filed by the political
17    committee for the period concluding June 30, 1998.
18        (12) For payments to attorneys, expert witnesses,
19    investigators, or others to provide a defense in a
20    criminal case.
21        (13) For payments to attorneys, expert witnesses,
22    investigators, or others to provide a defense in a civil
23    case against any claims that a person has committed
24    misconduct in his or her capacity as a public official,
25    any claims of sexual harassment, or any claims of
26    discrimination.



HB4119- 5 -LRB103 33362 AWJ 63174 b

1    (b) The Board shall have the authority to investigate,
2upon receipt of a verified complaint, violations of the
3provisions of this Section. The Board may levy a fine on any
4person who knowingly makes expenditures in violation of this
5Section and on any person who knowingly makes a malicious and
6false accusation of a violation of this Section. The Board may
7act under this subsection only upon the affirmative vote of at
8least 5 of its members. The fine shall not exceed $500 for each
9expenditure of $500 or less and shall not exceed the amount of
10the expenditure plus $500 for each expenditure greater than
11$500. The Board shall also have the authority to render
12rulings and issue opinions relating to compliance with this
14    (c) Nothing in this Section prohibits the expenditure of
15funds of a political committee controlled by an officeholder
16or by a candidate to defray the customary and reasonable
17expenses of an officeholder in connection with the performance
18of governmental and public service functions.
19    (d) Nothing in this Section prohibits the funds of a
20political committee which is controlled by a person convicted
21of a violation of any of the offenses listed in subsection (a)
22of Section 10 of the Public Corruption Profit Forfeiture Act
23from being forfeited to the State under Section 15 of the
24Public Corruption Profit Forfeiture Act.
25(Source: P.A. 102-15, eff. 6-17-21.)



HB4119- 6 -LRB103 33362 AWJ 63174 b

1    (10 ILCS 5/9-33 new)
2    Sec. 9-33. Forfeiture of political contribution. If a
3person is found to have used campaign contributions in
4violation of this Code, all contributions and other receipts
5held at the time of forfeiture by a political committee
6controlled by that person shall, within 30 days from the date
7of a final decision by the State Board of Elections of the
8finding of the violation, be returned to the contributor, if
9possible, or be paid to the State if the contributor cannot be
10identified or reimbursed. Payments received by the State
11pursuant to this Section shall be deposited into the General
12Revenue Fund.
13    Information on contributions returned to the contributor
14or paid to the State under this Section shall be included in
15the political committee's quarterly report required under
16subsection (b) of Section 9-10.