Full Text of HB5338 97th General Assembly
HB5338 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5338 Introduced 2/8/2012, by Rep. Karen May SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. Removes language providing that an independent expenditure made in connection, consultation, or concert with a public official or candidate shall be considered a contribution. Provides that an expenditure is independent of a candidate or political committee if and only if it meets certain conditions. Provides that any person other than a natural person or political committee who makes an independent expenditure supporting or opposing a public official or candidate that, alone or in combination with any other independent expenditure made by the person supporting or opposing that public official or candidate during any 12-month period, equals an aggregate value of at least $3,000 shall file a written disclosure with the State Board of Elections within 2 business days of meeting or exceeding the $3,000 threshold. Provides that a natural person, or any person other than a natural person or political committee, who makes a written disclosure with the Board shall have a continuing obligation to report further expenditures in $1,000 increments. Removes language providing that any entity other than a natural person that makes expenditures in an aggregate amount exceeding $3,000 during any 12-month period supporting or opposing a public official or candidate must organize as a political committee. Provides that the Board may impose a fine for violations of the provisions concerning independent expenditures.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB5338 | | LRB097 18859 PJG 64097 b |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 9-8.6 as follows: | 6 | | (10 ILCS 5/9-8.6)
| 7 | | Sec. 9-8.6. Independent expenditures. | 8 | | (a) An expenditure that leads to, or creates the appearance | 9 | | of, quid pro quo corruption shall not be considered an | 10 | | independent expenditure. An independent expenditure in | 11 | | relation to a candidate or ballot initiative is not considered | 12 | | a contribution to a political committee affiliated with that | 13 | | candidate or ballot initiative . An expenditure made by a | 14 | | natural person or political committee for an electioneering | 15 | | communication in connection, consultation, or concert with or | 16 | | at the request or suggestion of the public official or | 17 | | candidate, the public official's or candidate's candidate | 18 | | political committee, or the agent or agents of the public | 19 | | official, candidate, or political committee or campaign shall | 20 | | not be considered an independent expenditure but rather shall | 21 | | be considered a contribution to the public official's or | 22 | | candidate's candidate political committee. An expenditure is | 23 | | independent of a candidate or political committee if and only |
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| 1 | | if: (i) it is made without connection, consultation, or concert | 2 | | with a candidate or political committee; (ii) the person or | 3 | | entity making the expenditure did not communicate its plans or | 4 | | intentions for the expenditure in any way which a candidate or | 5 | | political committee might reasonably be expected to discover; | 6 | | (iii) in the case of an expenditure relating to a candidate for | 7 | | public office, neither the candidate nor any representative of | 8 | | the candidate appeared at any event or in any fundraising | 9 | | activity sponsored by or on behalf of the person or entity | 10 | | making the expenditure in the period since the last election of | 11 | | that candidate; and (iv) in the case of an expenditure relating | 12 | | to a candidate for public office, neither the person making the | 13 | | expenditure, nor any employee or agent of, or consultant to, | 14 | | the person or entity making the expenditure worked in any | 15 | | capacity for the candidate or his or her political committee | 16 | | during the period since the last election of that candidate. | 17 | | (a-5) A natural person who makes an independent expenditure | 18 | | supporting or opposing a public official or candidate that, | 19 | | alone or in combination with any other independent expenditure | 20 | | made by that natural person supporting or opposing that public | 21 | | official or candidate during any 12-month period, equals an | 22 | | aggregate value of at least $3,000 must file a written | 23 | | disclosure with the State Board of Elections within 2 business | 24 | | days after making any expenditure that results in the natural | 25 | | person meeting or exceeding the $3,000 threshold. A natural | 26 | | person who has made a written disclosure with the State Board |
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| 1 | | of Elections shall have a continuing obligation to report | 2 | | further expenditures in relation to the same election, in | 3 | | $1,000 increments, to the State Board until the conclusion of | 4 | | that election. Each disclosure must identify the natural | 5 | | person, the public official or candidate supported or opposed, | 6 | | the date, amount, and nature of each independent expenditure, | 7 | | and the natural person's occupation and employer. | 8 | | Any person other than a natural person or political | 9 | | committee who makes an independent expenditure supporting or | 10 | | opposing a public official or candidate that, alone or in | 11 | | combination with any other independent expenditure made by the | 12 | | person supporting or opposing that public official or candidate | 13 | | during any 12-month period, equals an aggregate value of at | 14 | | least $3,000 shall file a written disclosure with the State | 15 | | Board of Elections within 2 business days of meeting or | 16 | | exceeding the $3,000 threshold. The written disclosure shall | 17 | | include the gross receipts of the person making the independent | 18 | | expenditure, the name of any person or entity responsible for | 19 | | 20% or more of the gross receipts, and the dollar amount for | 20 | | which that person or entity is responsible. A person other than | 21 | | a natural person or a political committee who has made a | 22 | | written disclosure with the State Board of Elections shall have | 23 | | a continuing obligation to report further expenditures in | 24 | | relation to the same election, in $1,000 increments, to the | 25 | | State Board until the conclusion of that election. Each | 26 | | disclosure must identify the person making the expenditure, the |
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| 1 | | public official or candidate supported or opposed, and the | 2 | | date, amount, and nature of each independent expenditure. A | 3 | | person other than a natural person or political committee shall | 4 | | also report any receipt that, alone or in aggregate together | 5 | | with other receipts from the same source in the preceding 12 | 6 | | months, exceeds 20% of their gross receipts as of the day that | 7 | | they began to engage in independent expenditures; provided that | 8 | | this obligation to report receipts shall end on the day of the | 9 | | next election for persons other than a natural person or a | 10 | | political committee who cease engaging in independent | 11 | | expenditures. | 12 | | (b) Any person other than a natural person or a political | 13 | | committee who makes one or more independent expenditures for a | 14 | | communication with an aggregate value of at least $3,000 shall | 15 | | include within the communication the names of any person or | 16 | | entity responsible for 20% or more of the gross receipts or | 17 | | revenues of the person making the independent expenditure in | 18 | | the preceding 12 months. Any entity other than a natural person | 19 | | that makes expenditures of any kind in an aggregate amount | 20 | | exceeding $3,000 during any 12-month period supporting or | 21 | | opposing a public official or candidate must organize as a | 22 | | political committee in accordance with this Article. | 23 | | (c) Every political committee that makes independent | 24 | | expenditures must report all such independent expenditures as | 25 | | required under Section 9-10 of this Article. | 26 | | (d) In addition to any other remedies provided for by this |
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| 1 | | Article, the Board may impose a fine for violations of this | 2 | | Section not to exceed 100% of the total amount of the | 3 | | expenditures that were untimely reported, or the Board may, in | 4 | | its discretion, waive the fine. When considering whether to | 5 | | impose a fine and the amount of the fine, the Board shall | 6 | | consider the following factors: (i) whether the person made an | 7 | | attempt to disclose the contribution and any attempts made to | 8 | | correct the violation, (ii) whether the violation is attributed | 9 | | to a clerical or computer error, (iii) the amount of the | 10 | | expenditure, (iv) the number of days the expenditure was | 11 | | reported late, and (v) past violations of this Section and | 12 | | Section 9-3 by the person.
| 13 | | (Source: P.A. 96-832, eff. 7-1-10 .)
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