Full Text of SB3722 97th General Assembly
SB3722eng 97TH GENERAL ASSEMBLY |
| | SB3722 Engrossed | | LRB097 17968 PJG 63191 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 | | 9-8.5 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 accept contributions in any amount from a | 17 | | political party committee except during an election cycle in | 18 | | which the candidate seeks nomination at a primary election. | 19 | | During an election cycle in which the candidate seeks | 20 | | nomination at a primary election, a candidate political | 21 | | committee may not accept contributions from political party | 22 | | committees with an aggregate value over the following: (i) | 23 | | $200,000 for a candidate political committee established to |
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| 1 | | support a candidate seeking nomination to statewide office, | 2 | | (ii) $125,000 for a candidate political committee established | 3 | | to support a candidate seeking nomination to the Senate, the | 4 | | Supreme Court or Appellate Court in the First Judicial | 5 | | District, or an office elected by all voters in a county with | 6 | | 1,000,000 or more residents, (iii) $75,000 for a candidate | 7 | | political committee established to support a candidate seeking | 8 | | nomination to the House of Representatives, the Supreme Court | 9 | | or Appellate Court for a Judicial District other than the First | 10 | | Judicial District, an office elected by all voters of a county | 11 | | of fewer than 1,000,000 residents, and municipal and county | 12 | | offices in Cook County other than those elected by all voters | 13 | | of Cook County, and (iv) $50,000 for a candidate political | 14 | | committee established to support the nomination of a candidate | 15 | | to any other office.
A candidate political committee | 16 | | established to elect a candidate to the General Assembly may | 17 | | accept contributions from only one legislative caucus | 18 | | committee. A candidate political committee may not accept | 19 | | contributions from a ballot initiative committee. | 20 | | (c) During an election cycle, a political party committee | 21 | | may not accept contributions with an aggregate value over the | 22 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 23 | | any corporation, labor organization, or association, or (iii) | 24 | | $50,000 from a political action committee. A political party | 25 | | committee may accept contributions in any amount from another | 26 | | political party committee or a candidate political committee, |
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| 1 | | except as provided in subsection (c-5). Nothing in this Section | 2 | | shall limit the amounts that may be transferred between a State | 3 | | political committee and federal political committee. A | 4 | | political party committee may not accept contributions from a | 5 | | ballot initiative committee. A political party committee | 6 | | established by a legislative caucus may not accept | 7 | | contributions from another political party committee | 8 | | established by a legislative caucus. | 9 | | (c-5) During the period beginning on the date candidates | 10 | | may begin circulating petitions for a primary election and | 11 | | ending on the day of the primary election, a political party | 12 | | committee may not accept contributions with an aggregate value | 13 | | over $50,000 from a candidate political committee or political | 14 | | party committee. A political party committee may accept | 15 | | contributions in any amount from a candidate political | 16 | | committee or political party committee if the political party | 17 | | committee receiving the contribution filed a statement of | 18 | | nonparticipation in the primary as provided in subsection | 19 | | (c-10). The Task Force on Campaign Finance Reform shall study | 20 | | and make recommendations on the provisions of this subsection | 21 | | to the Governor and General Assembly by September 30, 2012. | 22 | | This subsection becomes inoperative on July 1, 2013 and | 23 | | thereafter no longer applies. | 24 | | (c-10) A political party committee that does not intend to | 25 | | make contributions to candidates to be nominated at a general | 26 | | primary election or consolidated primary election may file a |
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| 1 | | Statement of Nonparticipation in a Primary Election with the | 2 | | Board. The Statement of Nonparticipation shall include a | 3 | | verification signed by the chairperson and treasurer of the | 4 | | committee that (i) the committee will not make contributions or | 5 | | coordinated expenditures in support of or opposition to a | 6 | | candidate or candidates to be nominated at the general primary | 7 | | election or consolidated primary election (select one) to be | 8 | | held on (insert date), (ii) the political party committee may | 9 | | accept unlimited contributions from candidate political | 10 | | committees and political party committees, provided that the | 11 | | political party committee does not make contributions to a | 12 | | candidate or candidates to be nominated at the primary | 13 | | election, and (iii) failure to abide by these requirements | 14 | | shall deem the political party committee in violation of this | 15 | | Article and subject the committee to a fine of no more than | 16 | | 150% of the total contributions or coordinated expenditures | 17 | | made by the committee in violation of this Article. This | 18 | | subsection becomes inoperative on July 1, 2013 and thereafter | 19 | | no longer applies. | 20 | | (d) During an election cycle, a political action committee | 21 | | may not accept contributions with an aggregate value over the | 22 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 23 | | any corporation, labor organization, political party | 24 | | committee, or association, or (iii) $50,000 from a political | 25 | | action committee or candidate political committee. A political | 26 | | action committee may not accept contributions from a ballot |
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| 1 | | initiative committee. | 2 | | (e) A ballot initiative committee may accept contributions | 3 | | in any amount from any source, provided that the committee | 4 | | files the document required by Section 9-3 of this Article. | 5 | | (f) Nothing in this Section shall prohibit a political | 6 | | committee from dividing the proceeds of joint fundraising | 7 | | efforts; provided that no political committee may receive more | 8 | | than the limit from any one contributor. | 9 | | (g) On January 1 of each odd-numbered year, the State Board | 10 | | of Elections shall adjust the amounts of the contribution | 11 | | limitations established in this Section for inflation as | 12 | | determined by the Consumer Price Index for All Urban Consumers | 13 | | as issued by the United States Department of Labor and rounded | 14 | | to the nearest $100. The State Board shall publish this | 15 | | information on its official website. | 16 | | (h) Self-funding candidates. If a public official, a | 17 | | candidate, or the public official's or candidate's immediate | 18 | | family contributes or loans to the public official's or | 19 | | candidate's political committee or to other political | 20 | | committees that transfer funds to the public official's or | 21 | | candidate's political committee or makes independent | 22 | | expenditures for the benefit of the public official's or | 23 | | candidate's campaign during the 12 months prior to an election | 24 | | in an aggregate amount of more than (i) $250,000 for statewide | 25 | | office or (ii) $100,000 for all other elective offices, then | 26 | | the public official or candidate shall file with the State |
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| 1 | | Board of Elections, within one day, a Notification of | 2 | | Self-funding that shall detail each contribution or loan made | 3 | | by the public official, the candidate, or the public official's | 4 | | or candidate's immediate family. Within 2 business days after | 5 | | the filing of a Notification of Self-funding, the notification | 6 | | shall be posted on the Board's website and the Board shall give | 7 | | official notice of the filing to each candidate for the same | 8 | | office as the public official or candidate making the filing, | 9 | | including the public official or candidate filing the | 10 | | Notification of Self-funding. Upon receiving notice from the | 11 | | Board, all candidates for that office, including the public | 12 | | official or candidate who filed a Notification of Self-funding, | 13 | | shall be permitted to accept contributions in excess of any | 14 | | contribution limits imposed by subsection (b). For the purposes | 15 | | of this subsection, "immediate family" means the spouse, | 16 | | parent, or child of a public official or candidate. | 17 | | (i) For the purposes of this Section, a corporation, labor | 18 | | organization, association, or a political action committee | 19 | | established by a corporation, labor organization, or | 20 | | association may act as a conduit in facilitating the delivery | 21 | | to a political action committee of contributions made through | 22 | | dues, levies, or similar assessments and the political action | 23 | | committee may report the contributions in the aggregate, | 24 | | provided that: (i) contributions made through the dues, levies, | 25 | | or similar assessments paid by any natural person, corporation, | 26 | | labor organization, or association in a calendar year may not |
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| 1 | | exceed the limits set forth in this Section ; and (ii) the | 2 | | corporation, labor organization, association, or a political | 3 | | action committee established by a corporation, labor | 4 | | organization, or association facilitating the delivery of | 5 | | contributions maintains a list of natural persons, | 6 | | corporations, labor organizations, and associations that paid | 7 | | the dues, levies, or similar assessments from which the | 8 | | contributions comprising the aggregate amount derive ; and | 9 | | (iii) contributions made through dues, levies, or similar | 10 | | assessments paid by any natural person, corporation, labor | 11 | | organization, or association that exceed $1,500 in a calendar | 12 | | year shall be itemized on the committee's quarterly report for | 13 | | the quarter in which the $1,500 limit is exceeded . A political | 14 | | action committee facilitating the delivery of contributions or | 15 | | receiving contributions shall disclose the amount of | 16 | | contributions made through dues delivered or received and the | 17 | | name of the corporation, labor organization, association, or | 18 | | political action committee delivering the contributions, if | 19 | | applicable. On January 1 of each odd-numbered year, the State | 20 | | Board of Elections shall adjust the amounts of the contribution | 21 | | limitations established in this subsection for inflation as | 22 | | determined by the Consumer Price Index for All Urban Consumers | 23 | | as issued by the United States Department of Labor and rounded | 24 | | to the nearest $100. The State Board shall publish this | 25 | | information on its official website. | 26 | | (j) A political committee that receives a contribution or |
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| 1 | | transfer in violation of this Section shall dispose of the | 2 | | contribution or transfer by returning the contribution or | 3 | | transfer, or an amount equal to the contribution or transfer, | 4 | | to the contributor or transferor or donating the contribution | 5 | | or transfer, or an amount equal to the contribution or | 6 | | transfer, to a charity. A contribution or transfer received in | 7 | | violation of this Section that is not disposed of as provided | 8 | | in this subsection within 15 days after its receipt shall | 9 | | escheat to the General Revenue Fund and the political committee | 10 | | shall be deemed in violation of this Section and subject to a | 11 | | civil penalty not to exceed 150% of the total amount of the | 12 | | contribution. | 13 | | (k) For the purposes of this Section, "statewide office" | 14 | | means the Governor, Lieutenant Governor, Attorney General, | 15 | | Secretary of State, Comptroller, and Treasurer. | 16 | | (l) This Section is repealed if and when the United States | 17 | | Supreme Court invalidates contribution limits on committees | 18 | | formed to assist candidates, political parties, corporations, | 19 | | associations, or labor organizations established by or | 20 | | pursuant to federal law.
| 21 | | (Source: P.A. 96-832, eff. 1-1-11 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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