Full Text of SB2300 101st General Assembly
SB2300sam001 101ST GENERAL ASSEMBLY | Sen. Dan McConchie Filed: 5/29/2020
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| 1 | | AMENDMENT TO SENATE BILL 2300
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2300 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 1A-14, 9-1.8, and 9-8.5 as follows:
| 6 | | (10 ILCS 5/1A-14) (from Ch. 46, par. 1A-14)
| 7 | | Sec. 1A-14. Political activity by the State Board of | 8 | | Elections. | 9 | | (a) No member of the State Board of Elections may become a | 10 | | candidate
for nomination for, or election to,
or accept | 11 | | appointment to or hold any other remunerative public office or | 12 | | public
employment or any office in a political party. | 13 | | (b) No member of the State Board of Elections shall: (1) | 14 | | contribute, either financially or in services or goods or any | 15 | | other way, to any political committee; (2) serve as an officer | 16 | | of any political committee; or (3) be a candidate who is |
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| 1 | | designated as the candidate to be supported by a candidate | 2 | | political committee. A member of the State Board of Elections | 3 | | shall: (i) resign as an officer of the political committee; | 4 | | (ii) have his or her name removed as the candidate to be | 5 | | supported by a political committee within 30 days after | 6 | | confirmation by the Senate; or (iii) notify the Board of the | 7 | | member's intent to convert the political committee to a limited | 8 | | activity committee pursuant to Section 9-1.8 within 30 days | 9 | | after confirmation by the Senate and complete the transition to | 10 | | a limited activity committee within 60 days after confirmation. | 11 | | A member of the State Board of Elections who is in violation of | 12 | | this subsection (b) on the effective date of this amendatory | 13 | | Act of the 101st General Assembly must come into compliance | 14 | | within 30 days after the effective date of this amendatory Act | 15 | | of the 101st General Assembly. As used in this Section, | 16 | | "political committee" includes both the meaning provided in | 17 | | Section 9-1.8 of this Code and the meaning provided in 52 | 18 | | U.S.C. 30101. | 19 | | (c) Violation of any prohibition
in this Section shall | 20 | | disqualify a member of the Board and a
vacancy is thereby | 21 | | created. A vacancy also exists upon the occurrence of
any of | 22 | | the events enumerated in Section 25-2 of this Act as in the | 23 | | case
of an elective office.
| 24 | | (Source: P.A. 80-1178.)
| 25 | | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
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| 1 | | Sec. 9-1.8. Political committees. | 2 | | (a) "Political committee" includes a candidate political | 3 | | committee, a political party committee, a political action | 4 | | committee, a ballot initiative committee, and an independent | 5 | | expenditure committee. | 6 | | (b) "Candidate political committee" means the candidate | 7 | | himself or herself or any natural person, trust, partnership, | 8 | | corporation, or other organization or group of persons | 9 | | designated by the candidate that accepts contributions or makes | 10 | | expenditures during any 12-month period in an aggregate amount | 11 | | exceeding $5,000 on behalf of the candidate. | 12 | | (c) "Political party committee" means the State central | 13 | | committee of a political party, a county central committee of a | 14 | | political party, a legislative caucus committee, or a committee | 15 | | formed by a ward or township committeeperson of a political | 16 | | party. For purposes of this Article, a "legislative caucus | 17 | | committee" means a committee established for the purpose of | 18 | | electing candidates to the General Assembly by the person | 19 | | elected President of the Senate, Minority Leader of the Senate, | 20 | | Speaker of the House of Representatives, Minority Leader of the | 21 | | House of Representatives, or a committee established by 5 or | 22 | | more members of the same caucus of the Senate or 10 or more | 23 | | members of the same caucus of the House of Representatives. | 24 | | (d) "Political action committee" means any natural person, | 25 | | trust, partnership, committee, association, corporation, or | 26 | | other organization or group of persons, other than a candidate, |
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| 1 | | political party, candidate political committee, or political | 2 | | party committee, that accepts contributions or makes | 3 | | expenditures during any 12-month period in an aggregate amount | 4 | | exceeding $5,000 on behalf of or in opposition to a candidate | 5 | | or candidates for public office. "Political action committee" | 6 | | includes any natural person, trust, partnership, committee, | 7 | | association, corporation, or other organization or group of | 8 | | persons, other than a candidate, political party, candidate | 9 | | political committee, or political party committee, that makes | 10 | | electioneering communications during any 12-month period in an | 11 | | aggregate amount exceeding $5,000 related to any candidate or | 12 | | candidates for public office. | 13 | | (e) "Ballot initiative committee" means any natural | 14 | | person, trust, partnership, committee, association, | 15 | | corporation, or other organization or group of persons that | 16 | | accepts contributions or makes expenditures during any | 17 | | 12-month period in an aggregate amount exceeding $5,000 in | 18 | | support of or in opposition to any question of public policy to | 19 | | be submitted to the electors. "Ballot initiative committee" | 20 | | includes any natural person, trust, partnership, committee, | 21 | | association, corporation, or other organization or group of | 22 | | persons that makes electioneering communications during any | 23 | | 12-month period in an aggregate amount exceeding $5,000 related | 24 | | to any question of public policy to be submitted to the voters. | 25 | | The $5,000 threshold applies to any contributions or | 26 | | expenditures received or made with the purpose of securing a |
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| 1 | | place on the ballot for, advocating the defeat or passage of, | 2 | | or engaging in electioneering communication regarding the | 3 | | question of public policy, regardless of the method of | 4 | | initiation of the question of public policy and regardless of | 5 | | whether petitions have been circulated or filed with the | 6 | | appropriate office or whether the question has been adopted and | 7 | | certified by the governing body. | 8 | | (f) "Independent expenditure committee" means any trust, | 9 | | partnership, committee, association, corporation, or other | 10 | | organization or group of persons formed for the exclusive
| 11 | | purpose of making independent expenditures during any 12-month | 12 | | period in an aggregate amount exceeding $5,000 in support of or | 13 | | in opposition to (i) the nomination for election, election, | 14 | | retention, or defeat of any public official or candidate or | 15 | | (ii) any question of public policy to be submitted to the | 16 | | electors. "Independent expenditure committee" also includes | 17 | | any trust, partnership, committee, association, corporation, | 18 | | or other organization or group of persons that makes | 19 | | electioneering communications that are not made in connection, | 20 | | consultation, or concert with or at the request or suggestion | 21 | | of a public official or candidate, a public official's or | 22 | | candidate's designated political committee or campaign, or an | 23 | | agent or agents of the public official, candidate, or political | 24 | | committee or campaign during any 12-month period in an | 25 | | aggregate amount exceeding $5,000 related to (i) the nomination | 26 | | for election, election, retention, or defeat of any public |
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| 1 | | official or candidate or (ii) any question of public policy to | 2 | | be submitted to the voters. | 3 | | (g) "Limited activity committee" means a political | 4 | | committee for which a member of the State Board of Elections is | 5 | | either an officer or a candidate the committee has designated | 6 | | to support.
| 7 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 8 | | (10 ILCS 5/9-8.5) | 9 | | Sec. 9-8.5. Limitations on campaign contributions. | 10 | | (a) It is unlawful for a political committee to accept | 11 | | contributions except as provided in this Section. | 12 | | (b) During an election cycle, a candidate political | 13 | | committee may not accept contributions with an aggregate value | 14 | | over the following: (i) $5,000 from any individual, (ii) | 15 | | $10,000 from any corporation, labor organization, or | 16 | | association, or (iii) $50,000 from a candidate political | 17 | | committee or political action committee. A candidate political | 18 | | committee may accept contributions in any amount from a | 19 | | political party committee except during an election cycle in | 20 | | which the candidate seeks nomination at a primary election. | 21 | | During an election cycle in which the candidate seeks | 22 | | nomination at a primary election, a candidate political | 23 | | committee may not accept contributions from political party | 24 | | committees with an aggregate value over the following: (i) | 25 | | $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 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 |
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| 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 |
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| 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 |
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| 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 | | (e-10) A limited activity committee shall not accept | 18 | | contributions, except that the member of the State Board of | 19 | | Elections who is either an officer or a candidate the committee | 20 | | has designated to support may contribute personal funds in | 21 | | order to pay for maintenance expenses. A limited activity | 22 | | committee may only make expenditures that are: (1) necessary | 23 | | for maintenance of the committee; (2) for rent or lease | 24 | | payments until the end of the lease in effect at the time the | 25 | | officer or candidate is confirmed by the Senate as a member of | 26 | | the State Board of Elections; (3) contributions to 501(c)(3) |
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| 1 | | charities; or (4) returning contributions to original | 2 | | contributors. | 3 | | (f) Nothing in this Section shall prohibit a political | 4 | | committee from dividing the proceeds of joint fundraising | 5 | | efforts; provided that no political committee may receive more | 6 | | than the limit from any one contributor, and provided that an | 7 | | independent
expenditure committee may not conduct joint | 8 | | fundraising efforts with a
candidate political committee or a | 9 | | political party committee. | 10 | | (g) On January 1 of each odd-numbered year, the State Board | 11 | | of Elections shall adjust the amounts of the contribution | 12 | | limitations established in this Section for inflation as | 13 | | determined by the Consumer Price Index for All Urban Consumers | 14 | | as issued by the United States Department of Labor and rounded | 15 | | to the nearest $100. The State Board shall publish this | 16 | | information on its official website. | 17 | | (h) Self-funding candidates. If a public official, a | 18 | | candidate, or the public official's or candidate's immediate | 19 | | family contributes or loans to the public official's or | 20 | | candidate's political committee or to other political | 21 | | committees that transfer funds to the public official's or | 22 | | candidate's political committee or makes independent | 23 | | expenditures for the benefit of the public official's or | 24 | | candidate's campaign during the 12 months prior to an election | 25 | | in an aggregate amount of more than (i) $250,000 for statewide | 26 | | office or (ii) $100,000 for all other elective offices, then |
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| 1 | | the public official or candidate shall file with the State | 2 | | Board of Elections, within one day, a Notification of | 3 | | Self-funding that shall detail each contribution or loan made | 4 | | by the public official, the candidate, or the public official's | 5 | | or candidate's immediate family. Within 2 business days after | 6 | | the filing of a Notification of Self-funding, the notification | 7 | | shall be posted on the Board's website and the Board shall give | 8 | | official notice of the filing to each candidate for the same | 9 | | office as the public official or candidate making the filing, | 10 | | including the public official or candidate filing the | 11 | | Notification of Self-funding. Notice shall be sent via first | 12 | | class mail to the candidate and the treasurer of the | 13 | | candidate's committee. Notice shall also be sent by e-mail to | 14 | | the candidate and the treasurer of the candidate's committee if | 15 | | the candidate and the treasurer, as applicable, have provided | 16 | | the Board with an e-mail address. Upon posting of the notice on | 17 | | the Board's website, all candidates for that office, including | 18 | | the public official or candidate who filed a Notification of | 19 | | Self-funding, shall be permitted to accept contributions in | 20 | | excess of any contribution limits imposed by subsection (b). If | 21 | | a public official or candidate filed a Notification of | 22 | | Self-funding during an election cycle that includes a general | 23 | | primary election or consolidated primary election and that | 24 | | public official or candidate is nominated, all candidates for | 25 | | that office, including the nominee who filed the notification | 26 | | of self-funding, shall be permitted to accept contributions in |
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| 1 | | excess of any contribution limit imposed by subsection (b) for | 2 | | the subsequent election cycle. For the purposes of this | 3 | | subsection, "immediate family" means the spouse, parent, or | 4 | | child of a public official or candidate. | 5 | | (h-5) If a natural person or independent expenditure | 6 | | committee makes independent expenditures in support of or in | 7 | | opposition to the campaign of a particular public official or | 8 | | candidate in an aggregate amount of more than (i) $250,000 for | 9 | | statewide office or (ii) $100,000 for all other elective | 10 | | offices in an election cycle, as reported in a written | 11 | | disclosure filed under subsection (a) of Section 9-8.6 or | 12 | | subsection (e-5) of Section 9-10, then the State Board of | 13 | | Elections shall, within 2 business days after the filing of the | 14 | | disclosure, post the disclosure on the Board's website and give | 15 | | official notice of the disclosure to each candidate for the | 16 | | same office as the public official or candidate for whose | 17 | | benefit or detriment the natural person or independent | 18 | | expenditure committee made independent expenditures. Upon | 19 | | posting of the notice on the Board's website, all candidates | 20 | | for that office in that election, including the public official | 21 | | or candidate for whose benefit or detriment the natural person | 22 | | or independent expenditure committee made independent | 23 | | expenditures, shall be permitted to accept contributions in | 24 | | excess of any contribution limits imposed by subsection (b). | 25 | | (h-10) If the State Board of Elections receives | 26 | | notification or determines that a natural person or persons, an |
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| 1 | | independent expenditure committee or committees, or | 2 | | combination thereof has made independent expenditures in | 3 | | support of or in opposition to the campaign of a particular | 4 | | public official or candidate in an aggregate amount of more | 5 | | than (i) $250,000 for statewide office or (ii) $100,000 for all | 6 | | other elective offices in an election cycle, then the Board | 7 | | shall, within 2 business days after discovering the independent | 8 | | expenditures that, in the aggregate, exceed the threshold set | 9 | | forth in (i) and (ii) of this subsection, post notice of this | 10 | | fact on the Board's website and give official notice to each | 11 | | candidate for the same office as the public official or | 12 | | candidate for whose benefit or detriment the independent | 13 | | expenditures were made. Notice shall be sent via first class | 14 | | mail to the candidate and the treasurer of the candidate's | 15 | | committee. Notice shall also be sent by e-mail to the candidate | 16 | | and the treasurer of the candidate's committee if the candidate | 17 | | and the treasurer, as applicable, have provided the Board with | 18 | | an e-mail address. Upon posting of the notice on the Board's | 19 | | website, all candidates of that office in that election, | 20 | | including the public official or candidate for whose benefit or | 21 | | detriment the independent expenditures were made, may accept | 22 | | contributions in excess of any contribution limits imposed by | 23 | | subsection (b). | 24 | | (i) For the purposes of this Section, a corporation, labor | 25 | | organization, association, or a political action committee | 26 | | established by a corporation, labor organization, or |
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| 1 | | association may act as a conduit in facilitating the delivery | 2 | | to a political action committee of contributions made through | 3 | | dues, levies, or similar assessments and the political action | 4 | | committee may report the contributions in the aggregate, | 5 | | provided that: (i) contributions made through dues, levies, or | 6 | | similar assessments paid by any natural person, corporation, | 7 | | labor organization, or association in a calendar year may not | 8 | | exceed the limits set forth in this Section; (ii) the | 9 | | corporation, labor organization, association, or a political | 10 | | action committee established by a corporation, labor | 11 | | organization, or association facilitating the delivery of | 12 | | contributions maintains a list of natural persons, | 13 | | corporations, labor organizations, and associations that paid | 14 | | the dues, levies, or similar assessments from which the | 15 | | contributions comprising the aggregate amount derive; and | 16 | | (iii) contributions made through dues, levies, or similar | 17 | | assessments paid by any natural person, corporation, labor | 18 | | organization, or association that exceed $500 in a quarterly | 19 | | reporting period shall be itemized on the committee's quarterly | 20 | | report and may not be reported in the aggregate. A political | 21 | | action committee facilitating the delivery of contributions or | 22 | | receiving contributions shall disclose the amount of | 23 | | contributions made through dues delivered or received and the | 24 | | name of the corporation, labor organization, association, or | 25 | | political action committee delivering the contributions, if | 26 | | applicable. On January 1 of each odd-numbered year, the State |
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| 1 | | Board of Elections shall adjust the amounts of the contribution | 2 | | limitations established in this subsection for inflation as | 3 | | determined by the Consumer Price Index for All Urban Consumers | 4 | | as issued by the United States Department of Labor and rounded | 5 | | to the nearest $100. The State Board shall publish this | 6 | | information on its official website. | 7 | | (j) A political committee that receives a contribution or | 8 | | transfer in violation of this Section shall dispose of the | 9 | | contribution or transfer by returning the contribution or | 10 | | transfer, or an amount equal to the contribution or transfer, | 11 | | to the contributor or transferor or donating the contribution | 12 | | or transfer, or an amount equal to the contribution or | 13 | | transfer, to a charity. A contribution or transfer received in | 14 | | violation of this Section that is not disposed of as provided | 15 | | in this subsection within 30 days after the Board sends | 16 | | notification to the political committee of the excess | 17 | | contribution by certified mail shall escheat to the General | 18 | | Revenue Fund and the political committee shall be deemed in | 19 | | violation of this Section and subject to a civil penalty not to | 20 | | exceed 150% of the total amount of the contribution. | 21 | | (k) For the purposes of this Section, "statewide office" | 22 | | means the Governor, Lieutenant Governor, Attorney General, | 23 | | Secretary of State, Comptroller, and Treasurer. | 24 | | (l) This Section is repealed if and when the United States | 25 | | Supreme Court invalidates contribution limits on committees | 26 | | formed to assist candidates, political parties, corporations, |
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| 1 | | associations, or labor organizations established by or | 2 | | pursuant to federal law.
| 3 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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