Full Text of HB5953 99th General Assembly
HB5953 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5953 Introduced , by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED: |
| |
Amends the Election Code. Removes a provision that provides that the State Board of Elections shall adjust the amounts of the contribution limits for inflation.
|
| |
| | A BILL FOR |
|
| | | HB5953 | | LRB099 16521 MGM 40857 b |
|
| 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 |
| | | HB5953 | - 2 - | LRB099 16521 MGM 40857 b |
|
| 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 or from an
| 20 | | independent expenditure committee. | 21 | | (c) During an election cycle, a political party committee | 22 | | may not accept contributions with an aggregate value over the | 23 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 24 | | any corporation, labor organization, or association, or (iii) | 25 | | $50,000 from a political action committee. A political party | 26 | | committee may accept contributions in any amount from another |
| | | HB5953 | - 3 - | LRB099 16521 MGM 40857 b |
|
| 1 | | political party committee or a candidate political committee, | 2 | | except as provided in subsection (c-5). Nothing in this Section | 3 | | shall limit the amounts that may be transferred between a | 4 | | political party committee established under subsection (a) of | 5 | | Section 7-8 of this Code and an affiliated federal political | 6 | | committee established under the Federal Election Code by the | 7 | | same political party. A political party committee may not | 8 | | accept contributions from a ballot initiative committee or from | 9 | | an
independent expenditure committee. A political party | 10 | | committee established by a legislative caucus may not accept | 11 | | contributions from another political party committee | 12 | | established by a legislative caucus. | 13 | | (c-5) During the period beginning on the date candidates | 14 | | may begin circulating petitions for a primary election and | 15 | | ending on the day of the primary election, a political party | 16 | | committee may not accept contributions with an aggregate value | 17 | | over $50,000 from a candidate political committee or political | 18 | | party committee. A political party committee may accept | 19 | | contributions in any amount from a candidate political | 20 | | committee or political party committee if the political party | 21 | | committee receiving the contribution filed a statement of | 22 | | nonparticipation in the primary as provided in subsection | 23 | | (c-10). The Task Force on Campaign Finance Reform shall study | 24 | | and make recommendations on the provisions of this subsection | 25 | | to the Governor and General Assembly by September 30, 2012. | 26 | | This subsection becomes inoperative on July 1, 2013 and |
| | | HB5953 | - 4 - | LRB099 16521 MGM 40857 b |
|
| 1 | | thereafter no longer applies. | 2 | | (c-10) A political party committee that does not intend to | 3 | | make contributions to candidates to be nominated at a general | 4 | | primary election or consolidated primary election may file a | 5 | | Statement of Nonparticipation in a Primary Election with the | 6 | | Board. The Statement of Nonparticipation shall include a | 7 | | verification signed by the chairperson and treasurer of the | 8 | | committee that (i) the committee will not make contributions or | 9 | | coordinated expenditures in support of or opposition to a | 10 | | candidate or candidates to be nominated at the general primary | 11 | | election or consolidated primary election (select one) to be | 12 | | held on (insert date), (ii) the political party committee may | 13 | | accept unlimited contributions from candidate political | 14 | | committees and political party committees, provided that the | 15 | | political party committee does not make contributions to a | 16 | | candidate or candidates to be nominated at the primary | 17 | | election, and (iii) failure to abide by these requirements | 18 | | shall deem the political party committee in violation of this | 19 | | Article and subject the committee to a fine of no more than | 20 | | 150% of the total contributions or coordinated expenditures | 21 | | made by the committee in violation of this Article. This | 22 | | subsection becomes inoperative on July 1, 2013 and thereafter | 23 | | no longer applies. | 24 | | (d) During an election cycle, a political action committee | 25 | | may not accept contributions with an aggregate value over the | 26 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
| | | HB5953 | - 5 - | LRB099 16521 MGM 40857 b |
|
| 1 | | any corporation, labor organization, political party | 2 | | committee, or association, or (iii) $50,000 from a political | 3 | | action committee or candidate political committee. A political | 4 | | action committee may not accept contributions from a ballot | 5 | | initiative committee or from an
independent expenditure | 6 | | committee. | 7 | | (e) A ballot initiative committee may accept contributions | 8 | | in any amount from any source, provided that the committee | 9 | | files the document required by Section 9-3 of this Article and | 10 | | files the disclosure reports required by the provisions of this | 11 | | Article. | 12 | | (e-5) An independent expenditure committee may accept | 13 | | contributions in any amount from any source, provided that the | 14 | | committee files the document required by Section 9-3 of this | 15 | | Article and files the disclosure reports required by the | 16 | | provisions of this Article. | 17 | | (f) Nothing in this Section shall prohibit a political | 18 | | committee from dividing the proceeds of joint fundraising | 19 | | efforts; provided that no political committee may receive more | 20 | | than the limit from any one contributor, and provided that an | 21 | | independent
expenditure committee may not conduct joint | 22 | | fundraising efforts with a
candidate political committee or a | 23 | | political party committee. | 24 | | (g) (Blank). On January 1 of each odd-numbered year, the | 25 | | State Board of Elections shall adjust the amounts of the | 26 | | contribution limitations established in this Section for |
| | | HB5953 | - 6 - | LRB099 16521 MGM 40857 b |
|
| 1 | | inflation as determined by the Consumer Price Index for All | 2 | | Urban Consumers as issued by the United States Department of | 3 | | Labor and rounded to the nearest $100. The State Board shall | 4 | | publish this information on its official website. | 5 | | (h) Self-funding candidates. If a public official, a | 6 | | candidate, or the public official's or candidate's immediate | 7 | | family contributes or loans to the public official's or | 8 | | candidate's political committee or to other political | 9 | | committees that transfer funds to the public official's or | 10 | | candidate's political committee or makes independent | 11 | | expenditures for the benefit of the public official's or | 12 | | candidate's campaign during the 12 months prior to an election | 13 | | in an aggregate amount of more than (i) $250,000 for statewide | 14 | | office or (ii) $100,000 for all other elective offices, then | 15 | | the public official or candidate shall file with the State | 16 | | Board of Elections, within one day, a Notification of | 17 | | Self-funding that shall detail each contribution or loan made | 18 | | by the public official, the candidate, or the public official's | 19 | | or candidate's immediate family. Within 2 business days after | 20 | | the filing of a Notification of Self-funding, the notification | 21 | | shall be posted on the Board's website and the Board shall give | 22 | | official notice of the filing to each candidate for the same | 23 | | office as the public official or candidate making the filing, | 24 | | including the public official or candidate filing the | 25 | | Notification of Self-funding. Notice shall be sent via first | 26 | | class mail to the candidate and the treasurer of the |
| | | HB5953 | - 7 - | LRB099 16521 MGM 40857 b |
|
| 1 | | candidate's committee. Notice shall also be sent by e-mail to | 2 | | the candidate and the treasurer of the candidate's committee if | 3 | | the candidate and the treasurer, as applicable, have provided | 4 | | the Board with an e-mail address. Upon posting of the notice on | 5 | | the Board's website, all candidates for that office, including | 6 | | the public official or candidate who filed a Notification of | 7 | | Self-funding, shall be permitted to accept contributions in | 8 | | excess of any contribution limits imposed by subsection (b). If | 9 | | a public official or candidate filed a Notification of | 10 | | Self-funding during an election cycle that includes a general | 11 | | primary election or consolidated primary election and that | 12 | | public official or candidate is nominated, all candidates for | 13 | | that office, including the nominee who filed the notification | 14 | | of self-funding, shall be permitted to accept contributions in | 15 | | excess of any contribution limit imposed by subsection (b) for | 16 | | the subsequent election cycle. For the purposes of this | 17 | | subsection, "immediate family" means the spouse, parent, or | 18 | | child of a public official or candidate. | 19 | | (h-5) If a natural person or independent expenditure | 20 | | committee makes independent expenditures in support of or in | 21 | | opposition to the campaign of a particular public official or | 22 | | candidate in an aggregate amount of more than (i) $250,000 for | 23 | | statewide office or (ii) $100,000 for all other elective | 24 | | offices in an election cycle, as reported in a written | 25 | | disclosure filed under subsection (a) of Section 9-8.6 or | 26 | | subsection (e-5) of Section 9-10, then the State Board of |
| | | HB5953 | - 8 - | LRB099 16521 MGM 40857 b |
|
| 1 | | Elections shall, within 2 business days after the filing of the | 2 | | disclosure, post the disclosure on the Board's website and give | 3 | | official notice of the disclosure to each candidate for the | 4 | | same office as the public official or candidate for whose | 5 | | benefit or detriment the natural person or independent | 6 | | expenditure committee made independent expenditures. Upon | 7 | | posting of the notice on the Board's website, all candidates | 8 | | for that office in that election, including the public official | 9 | | or candidate for whose benefit or detriment the natural person | 10 | | or independent expenditure committee made independent | 11 | | expenditures, shall be permitted to accept contributions in | 12 | | excess of any contribution limits imposed by subsection (b). | 13 | | (h-10) If the State Board of Elections receives | 14 | | notification or determines that a natural person or persons, an | 15 | | independent expenditure committee or committees, or | 16 | | combination thereof has made independent expenditures in | 17 | | support of or in opposition to the campaign of a particular | 18 | | public official or candidate in an aggregate amount of more | 19 | | than (i) $250,000 for statewide office or (ii) $100,000 for all | 20 | | other elective offices in an election cycle, then the Board | 21 | | shall, within 2 business days after discovering the independent | 22 | | expenditures that, in the aggregate, exceed the threshold set | 23 | | forth in (i) and (ii) of this subsection, post notice of this | 24 | | fact on the Board's website and give official notice to each | 25 | | candidate for the same office as the public official or | 26 | | candidate for whose benefit or detriment the independent |
| | | HB5953 | - 9 - | LRB099 16521 MGM 40857 b |
|
| 1 | | expenditures were made. Notice shall be sent via first class | 2 | | mail to the candidate and the treasurer of the candidate's | 3 | | committee. Notice shall also be sent by e-mail to the candidate | 4 | | and the treasurer of the candidate's committee if the candidate | 5 | | and the treasurer, as applicable, have provided the Board with | 6 | | an e-mail address. Upon posting of the notice on the Board's | 7 | | website, all candidates of that office in that election, | 8 | | including the public official or candidate for whose benefit or | 9 | | detriment the independent expenditures were made, may accept | 10 | | contributions in excess of any contribution limits imposed by | 11 | | subsection (b). | 12 | | (i) For the purposes of this Section, a corporation, labor | 13 | | organization, association, or a political action committee | 14 | | established by a corporation, labor organization, or | 15 | | association may act as a conduit in facilitating the delivery | 16 | | to a political action committee of contributions made through | 17 | | dues, levies, or similar assessments and the political action | 18 | | committee may report the contributions in the aggregate, | 19 | | provided that: (i) contributions made through dues, levies, or | 20 | | similar assessments paid by any natural person, corporation, | 21 | | labor organization, or association in a calendar year may not | 22 | | exceed the limits set forth in this Section; (ii) the | 23 | | corporation, labor organization, association, or a political | 24 | | action committee established by a corporation, labor | 25 | | organization, or association facilitating the delivery of | 26 | | contributions maintains a list of natural persons, |
| | | HB5953 | - 10 - | LRB099 16521 MGM 40857 b |
|
| 1 | | corporations, labor organizations, and associations that paid | 2 | | the dues, levies, or similar assessments from which the | 3 | | contributions comprising the aggregate amount derive; and | 4 | | (iii) contributions made through dues, levies, or similar | 5 | | assessments paid by any natural person, corporation, labor | 6 | | organization, or association that exceed $500 in a quarterly | 7 | | reporting period shall be itemized on the committee's quarterly | 8 | | report and may not be reported in the aggregate. A political | 9 | | action committee facilitating the delivery of contributions or | 10 | | receiving contributions shall disclose the amount of | 11 | | contributions made through dues delivered or received and the | 12 | | name of the corporation, labor organization, association, or | 13 | | political action committee delivering the contributions, if | 14 | | applicable. On January 1 of each odd-numbered year, the State | 15 | | Board of Elections shall adjust the amounts of the contribution | 16 | | limitations established in this subsection for inflation as | 17 | | determined by the Consumer Price Index for All Urban Consumers | 18 | | as issued by the United States Department of Labor and rounded | 19 | | to the nearest $100. The State Board shall publish this | 20 | | information on its official website. | 21 | | (j) A political committee that receives a contribution or | 22 | | transfer in violation of this Section shall dispose of the | 23 | | contribution or transfer by returning the contribution or | 24 | | transfer, or an amount equal to the contribution or transfer, | 25 | | to the contributor or transferor or donating the contribution | 26 | | or transfer, or an amount equal to the contribution or |
| | | HB5953 | - 11 - | LRB099 16521 MGM 40857 b |
|
| 1 | | transfer, to a charity. A contribution or transfer received in | 2 | | violation of this Section that is not disposed of as provided | 3 | | in this subsection within 30 days after the Board sends | 4 | | notification to the political committee of the excess | 5 | | contribution by certified mail shall escheat to the General | 6 | | Revenue Fund and the political committee shall be deemed in | 7 | | violation of this Section and subject to a civil penalty not to | 8 | | exceed 150% of the total amount of the contribution. | 9 | | (k) For the purposes of this Section, "statewide office" | 10 | | means the Governor, Lieutenant Governor, Attorney General, | 11 | | Secretary of State, Comptroller, and Treasurer. | 12 | | (l) This Section is repealed if and when the United States | 13 | | Supreme Court invalidates contribution limits on committees | 14 | | formed to assist candidates, political parties, corporations, | 15 | | associations, or labor organizations established by or | 16 | | pursuant to federal law.
| 17 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
|
|