Illinois General Assembly - Full Text of HB0716
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Full Text of HB0716  102nd General Assembly

HB0716sam002 102ND GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/6/2022

 

 


 

 


 
10200HB0716sam002LRB102 10068 JDS 38754 a

1
AMENDMENT TO HOUSE BILL 716

2    AMENDMENT NO. ______. Amend House Bill 716 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Section 9-8.5 and by adding Section 1-21 as follows:
 
6    (10 ILCS 5/1-21 new)
7    Sec. 1-21. Public Financing of Judicial Elections Task
8Force.
9    (a) The Public Financing of Judicial Elections Task Force
10is hereby created for the purposes described in subsection
11(b). Members of the Task Force shall be appointed as follows:
12        (1) one member appointed by the Governor;
13        (2) one member appointed by the Attorney General;
14        (3) 2 members appointed by the President of the
15    Senate;
16        (4) 2 members appointed by the Speaker of the House of

 

 

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1    Representatives;
2        (5) 2 members appointed by the Minority Leader of the
3    Senate; and
4        (6) 2 members appointed by the Minority Leader of the
5    House of Representatives.
6    (b) The Task Force shall study the feasibility of
7implementing a system of campaign finance that would allow
8public funds to be used to subsidize campaigns for candidates
9for judicial office in exchange for voluntary adherence by
10those campaigns to specified expenditure limitations. In
11conducting its study, the Task Force shall consider whether
12implementing such a system of public financing is in the best
13interest of the State. The Task Force may propose one or more
14funding sources for the public financing of judicial
15elections, including, but not limited to, fines, voluntary
16contributions, surcharges on lobbying activities, and a
17whistleblower fund. The Task Force shall consider the
18following factors:
19        (1) the amount of funds raised by past candidates for
20    judicial office;
21        (2) the amount of funds expended by past candidates
22    for judicial office;
23        (3) the disparity in the amount of funds raised by
24    candidates for judicial office of different political
25    parties;
26        (4) the amount of funds expended with respect to

 

 

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1    campaigns for judicial office by entities not affiliated
2    with a candidate;
3        (5) the amount of money contributed to or expended by
4    a committee of a political party to promote a candidate
5    for judicial office;
6        (6) jurisprudence concerning campaign finance and
7    public financing of political campaigns, both for judicial
8    office and generally; and
9        (7) any other factors that the Task Force determines
10    are related to the public financing of elections in this
11    State.
12    The Task Force shall also suggest changes to current law
13that would be necessary to facilitate public financing of
14candidates for judicial office.
15    (c) The Task Force shall complete its study no later than
16June 30, 2023 and shall report its findings to the Governor and
17the General Assembly as soon as possible after the study is
18complete.
19    (d) The Members shall serve without compensation. If a
20vacancy occurs on the Task Force, it shall be filled according
21to the guidelines of the initial appointment.
22    (e) The State Board of Elections shall provide staff and
23administrative support to the Task Force.
24    (f) As used in this Section, "judicial office" means
25nomination, election, or retention to the Supreme Court, the
26Appellate Court, or the Circuit Court.

 

 

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1    (g) This Section is repealed on July 1, 2024.
 
2    (10 ILCS 5/9-8.5)
3    Sec. 9-8.5. Limitations on campaign contributions.
4    (a) It is unlawful for a political committee to accept
5contributions except as provided in this Section.
6    (b) During an election cycle, a candidate political
7committee may not accept contributions with an aggregate value
8over the following: (i) $5,000 from any individual, (ii)
9$10,000 from any corporation, labor organization, or
10association, or (iii) $50,000 from a candidate political
11committee or political action committee. A candidate political
12committee may accept contributions in any amount from a
13political party committee except during an election cycle in
14which the candidate seeks nomination at a primary election.
15During an election cycle in which the candidate seeks
16nomination at a primary election, a candidate political
17committee may not accept contributions from political party
18committees with an aggregate value over the following: (i)
19$200,000 for a candidate political committee established to
20support a candidate seeking nomination to statewide office,
21(ii) $125,000 for a candidate political committee established
22to support a candidate seeking nomination to the Senate, the
23Supreme Court or Appellate Court in the First Judicial
24District, or an office elected by all voters in a county with
251,000,000 or more residents, (iii) $75,000 for a candidate

 

 

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1political committee established to support a candidate seeking
2nomination to the House of Representatives, the Supreme Court
3or Appellate Court for a Judicial District other than the
4First Judicial District, an office elected by all voters of a
5county of fewer than 1,000,000 residents, and municipal and
6county offices in Cook County other than those elected by all
7voters of Cook County, and (iv) $50,000 for a candidate
8political committee established to support the nomination of a
9candidate to any other office. A candidate political committee
10established to elect a candidate to the General Assembly may
11accept contributions from only one legislative caucus
12committee. A candidate political committee may not accept
13contributions from a ballot initiative committee or from an
14independent expenditure committee.
15    (b-5) Judicial elections.
16        (1) In addition to any other provision of this
17    Section, a candidate political committee established to
18    support or oppose a candidate seeking nomination to the
19    Supreme Court, Appellate Court, or Circuit Court may not:
20            (A) accept contributions from any entity that does
21        not disclose the identity of those who make
22        contributions to the entity, except for contributions
23        that are not required to be itemized by this Code; or
24            (B) accept contributions from any out-of-state
25        person, as defined in this Article.
26        (1.1) In addition to any other provision of this

 

 

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1    Section, a political committee that is self-funding, as
2    described in subsection (h) of this Section, and is
3    established to support or oppose a candidate seeking
4    nomination, election, or retention to the Supreme Court,
5    the Appellate Court, or the Circuit Court may not accept
6    contributions from any single person, other than the
7    judicial candidate or the candidate's immediate family, in
8    a cumulative amount that exceeds $500,000 in any election
9    cycle. Any contribution in excess of the limits in this
10    paragraph (1.1) shall escheat to the State of Illinois.
11    Any political committee that receives such a contribution
12    shall immediately forward the amount that exceeds $500,000
13    to the State Treasurer who shall deposit the funds into
14    the State Treasury.
15        (1.2) In addition to any other provision of this
16    Section, an independent expenditure committee established
17    to support or oppose a candidate seeking nomination,
18    election, or retention to the Supreme Court, the Appellate
19    Court, or the Circuit Court may not accept contributions
20    from any single source in a cumulative amount that exceeds
21    $500,000 in any election cycle. Any contribution in excess
22    of the limits in this paragraph (1.2) shall escheat to the
23    State of Illinois. Any independent expenditure committee
24    that receives such a contribution shall immediately
25    forward the amount that exceeds $500,000 to the State
26    Treasurer who shall deposit the funds into the State

 

 

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1    Treasury.
2        (1.3) In addition to any other provision of this
3    Section, if a political committee established to support
4    or oppose a candidate seeking nomination, election, or
5    retention to the Supreme Court, the Appellate Court, or
6    the Circuit Court receives a contribution in excess of
7    $500 from: (i) any committee that is not required to
8    disclose its contributors under this Act; (ii) any
9    association that is not required to disclose its
10    contributors under this Act; or (iii) any other
11    organization or group of persons that is not required to
12    disclose its contributors under this Act, then that
13    contribution shall be considered an anonymous contribution
14    that shall escheat to the State, unless the political
15    committee reports to the State Board of Elections all
16    persons who have contributed in excess of $500 during the
17    same election cycle to the committee, association,
18    organization, or group making the contribution. Any
19    political committee that receives such a contribution and
20    fails to report this information shall forward the
21    contribution amount immediately to the State Treasurer who
22    shall deposit the funds into the State Treasury.
23        (2) As used in this subsection, "contribution" has the
24    meaning provided in Section 9-1.4 and also includes the
25    following that are subject to the limits of this Section:
26            (A) expenditures made by any person in concert or

 

 

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1        cooperation with, or at the request or suggestion of,
2        a candidate, his or her designated committee, or their
3        agents; and
4            (B) the financing by any person of the
5        dissemination, distribution, or republication, in
6        whole or in part, of any broadcast or any written,
7        graphic, or other form of campaign materials prepared
8        by the candidate, his or her campaign committee, or
9        their designated agents.
10        (3) As to contributions to a candidate political
11    committee established to support a candidate seeking
12    nomination to the Supreme Court, Appellate Court, or
13    Circuit Court:
14            (A) No person shall make a contribution in the
15        name of another person or knowingly permit his or her
16        name to be used to effect such a contribution.
17            (B) No person shall knowingly accept a
18        contribution made by one person in the name of another
19        person.
20            (C) No person shall knowingly accept reimbursement
21        from another person for a contribution made in his or
22        her own name.
23            (D) No person shall make an anonymous
24        contribution.
25            (E) No person shall knowingly accept any anonymous
26        contribution.

 

 

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1            (F) No person shall predicate (1) any benefit,
2        including, but not limited to, employment decisions,
3        including hiring, promotions, bonus compensation, and
4        transfers, or (2) any other gift, transfer, or
5        emolument upon:
6                (i) the decision by the recipient of that
7            benefit to donate or not to donate to a candidate;
8            or
9                (ii) the amount of any such donation.
10        (4) No judicial candidate or political committee
11    established to support a candidate seeking nomination to
12    the Supreme Court, Appellate Court, or Circuit Court shall
13    knowingly accept any contribution or make any expenditure
14    in violation of the provisions of this Section. No officer
15    or employee of a political committee established to
16    support a candidate seeking nomination to the Supreme
17    Court, Appellate Court, or Circuit Court shall knowingly
18    accept a contribution made for the benefit or use of a
19    candidate or knowingly make any expenditure in support of
20    or opposition to a candidate or for electioneering
21    communications in relation to a candidate in violation of
22    any limitation designated for contributions and
23    expenditures under this Section.
24        (5) Where the provisions of this subsection (b-5)
25    conflict with any other provision of this Code, this
26    subsection (b-5) shall control.

 

 

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1    (c) During an election cycle, a political party committee
2may not accept contributions with an aggregate value over the
3following: (i) $10,000 from any individual, (ii) $20,000 from
4any corporation, labor organization, or association, or (iii)
5$50,000 from a political action committee. A political party
6committee may accept contributions in any amount from another
7political party committee or a candidate political committee,
8except as provided in subsection (c-5). Nothing in this
9Section shall limit the amounts that may be transferred
10between a political party committee established under
11subsection (a) of Section 7-8 of this Code and an affiliated
12federal political committee established under the Federal
13Election Code by the same political party. A political party
14committee may not accept contributions from a ballot
15initiative committee or from an independent expenditure
16committee. A political party committee established by a
17legislative caucus may not accept contributions from another
18political party committee established by a legislative caucus.
19    (c-5) During the period beginning on the date candidates
20may begin circulating petitions for a primary election and
21ending on the day of the primary election, a political party
22committee may not accept contributions with an aggregate value
23over $50,000 from a candidate political committee or political
24party committee. A political party committee may accept
25contributions in any amount from a candidate political
26committee or political party committee if the political party

 

 

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1committee receiving the contribution filed a statement of
2nonparticipation in the primary as provided in subsection
3(c-10). The Task Force on Campaign Finance Reform shall study
4and make recommendations on the provisions of this subsection
5to the Governor and General Assembly by September 30, 2012.
6This subsection becomes inoperative on July 1, 2013 and
7thereafter no longer applies.
8    (c-10) A political party committee that does not intend to
9make contributions to candidates to be nominated at a general
10primary election or consolidated primary election may file a
11Statement of Nonparticipation in a Primary Election with the
12Board. The Statement of Nonparticipation shall include a
13verification signed by the chairperson and treasurer of the
14committee that (i) the committee will not make contributions
15or coordinated expenditures in support of or opposition to a
16candidate or candidates to be nominated at the general primary
17election or consolidated primary election (select one) to be
18held on (insert date), (ii) the political party committee may
19accept unlimited contributions from candidate political
20committees and political party committees, provided that the
21political party committee does not make contributions to a
22candidate or candidates to be nominated at the primary
23election, and (iii) failure to abide by these requirements
24shall deem the political party committee in violation of this
25Article and subject the committee to a fine of no more than
26150% of the total contributions or coordinated expenditures

 

 

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1made by the committee in violation of this Article. This
2subsection becomes inoperative on July 1, 2013 and thereafter
3no longer applies.
4    (d) During an election cycle, a political action committee
5may not accept contributions with an aggregate value over the
6following: (i) $10,000 from any individual, (ii) $20,000 from
7any corporation, labor organization, political party
8committee, or association, or (iii) $50,000 from a political
9action committee or candidate political committee. A political
10action committee may not accept contributions from a ballot
11initiative committee or from an independent expenditure
12committee.
13    (e) A ballot initiative committee may accept contributions
14in any amount from any source, provided that the committee
15files the document required by Section 9-3 of this Article and
16files the disclosure reports required by the provisions of
17this Article.
18    (e-5) An independent expenditure committee may accept
19contributions in any amount from any source, provided that the
20committee files the document required by Section 9-3 of this
21Article and files the disclosure reports required by the
22provisions of this Article.
23    (e-10) A limited activity committee shall not accept
24contributions, except that the officer or a candidate the
25committee has designated to support may contribute personal
26funds in order to pay for maintenance expenses. A limited

 

 

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1activity committee may only make expenditures that are: (i)
2necessary for maintenance of the committee; (ii) for rent or
3lease payments until the end of the lease in effect at the time
4the officer or candidate is confirmed by the Senate; (iii)
5contributions to 501(c)(3) charities; or (iv) returning
6contributions to original contributors.
7    (f) Nothing in this Section shall prohibit a political
8committee from dividing the proceeds of joint fundraising
9efforts; provided that no political committee may receive more
10than the limit from any one contributor, and provided that an
11independent expenditure committee may not conduct joint
12fundraising efforts with a candidate political committee or a
13political party committee.
14    (g) On January 1 of each odd-numbered year, the State
15Board of Elections shall adjust the amounts of the
16contribution limitations established in this Section for
17inflation as determined by the Consumer Price Index for All
18Urban Consumers as issued by the United States Department of
19Labor and rounded to the nearest $100. The State Board shall
20publish this information on its official website.
21    (h) Self-funding candidates. If a public official, a
22candidate, or the public official's or candidate's immediate
23family contributes or loans to the public official's or
24candidate's political committee or to other political
25committees that transfer funds to the public official's or
26candidate's political committee or makes independent

 

 

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1expenditures for the benefit of the public official's or
2candidate's campaign during the 12 months prior to an election
3in an aggregate amount of more than (i) $250,000 for statewide
4office or (ii) $100,000 for all other elective offices, then
5the public official or candidate shall file with the State
6Board of Elections, within one day, a Notification of
7Self-funding that shall detail each contribution or loan made
8by the public official, the candidate, or the public
9official's or candidate's immediate family. Within 2 business
10days after the filing of a Notification of Self-funding, the
11notification shall be posted on the Board's website and the
12Board shall give official notice of the filing to each
13candidate for the same office as the public official or
14candidate making the filing, including the public official or
15candidate filing the Notification of Self-funding. Notice
16shall be sent via first class mail to the candidate and the
17treasurer of the candidate's committee. Notice shall also be
18sent by e-mail to the candidate and the treasurer of the
19candidate's committee if the candidate and the treasurer, as
20applicable, have provided the Board with an e-mail address.
21Upon posting of the notice on the Board's website, all
22candidates for that office, including the public official or
23candidate who filed a Notification of Self-funding, shall be
24permitted to accept contributions in excess of any
25contribution limits imposed by subsection (b). If a public
26official or candidate filed a Notification of Self-funding

 

 

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1during an election cycle that includes a general primary
2election or consolidated primary election and that public
3official or candidate is nominated, all candidates for that
4office, including the nominee who filed the notification of
5self-funding, shall be permitted to accept contributions in
6excess of any contribution limit imposed by subsection (b) for
7the subsequent election cycle. For the purposes of this
8subsection, "immediate family" means the spouse, parent, or
9child of a public official or candidate.
10    (h-5) If a natural person or independent expenditure
11committee makes independent expenditures in support of or in
12opposition to the campaign of a particular public official or
13candidate in an aggregate amount of more than (i) $250,000 for
14statewide office or (ii) $100,000 for all other elective
15offices in an election cycle, as reported in a written
16disclosure filed under subsection (a) of Section 9-8.6 or
17subsection (e-5) of Section 9-10, then the State Board of
18Elections shall, within 2 business days after the filing of
19the disclosure, post the disclosure on the Board's website and
20give official notice of the disclosure to each candidate for
21the same office as the public official or candidate for whose
22benefit or detriment the natural person or independent
23expenditure committee made independent expenditures. Upon
24posting of the notice on the Board's website, all candidates
25for that office in that election, including the public
26official or candidate for whose benefit or detriment the

 

 

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1natural person or independent expenditure committee made
2independent expenditures, shall be permitted to accept
3contributions in excess of any contribution limits imposed by
4subsection (b).
5    (h-10) If the State Board of Elections receives
6notification or determines that a natural person or persons,
7an independent expenditure committee or committees, or
8combination thereof has made independent expenditures in
9support of or in opposition to the campaign of a particular
10public official or candidate in an aggregate amount of more
11than (i) $250,000 for statewide office or (ii) $100,000 for
12all other elective offices in an election cycle, then the
13Board shall, within 2 business days after discovering the
14independent expenditures that, in the aggregate, exceed the
15threshold set forth in (i) and (ii) of this subsection, post
16notice of this fact on the Board's website and give official
17notice to each candidate for the same office as the public
18official or candidate for whose benefit or detriment the
19independent expenditures were made. Notice shall be sent via
20first class mail to the candidate and the treasurer of the
21candidate's committee. Notice shall also be sent by e-mail to
22the candidate and the treasurer of the candidate's committee
23if the candidate and the treasurer, as applicable, have
24provided the Board with an e-mail address. Upon posting of the
25notice on the Board's website, all candidates of that office
26in that election, including the public official or candidate

 

 

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1for whose benefit or detriment the independent expenditures
2were made, may accept contributions in excess of any
3contribution limits imposed by subsection (b).
4    (i) For the purposes of this Section, a corporation, labor
5organization, association, or a political action committee
6established by a corporation, labor organization, or
7association may act as a conduit in facilitating the delivery
8to a political action committee of contributions made through
9dues, levies, or similar assessments and the political action
10committee may report the contributions in the aggregate,
11provided that: (i) contributions made through dues, levies, or
12similar assessments paid by any natural person, corporation,
13labor organization, or association in a calendar year may not
14exceed the limits set forth in this Section; (ii) the
15corporation, labor organization, association, or a political
16action committee established by a corporation, labor
17organization, or association facilitating the delivery of
18contributions maintains a list of natural persons,
19corporations, labor organizations, and associations that paid
20the dues, levies, or similar assessments from which the
21contributions comprising the aggregate amount derive; and
22(iii) contributions made through dues, levies, or similar
23assessments paid by any natural person, corporation, labor
24organization, or association that exceed $1,000 in a quarterly
25reporting period shall be itemized on the committee's
26quarterly report and may not be reported in the aggregate. A

 

 

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1political action committee facilitating the delivery of
2contributions or receiving contributions shall disclose the
3amount of contributions made through dues delivered or
4received and the name of the corporation, labor organization,
5association, or political action committee delivering the
6contributions, if applicable. On January 1 of each
7odd-numbered year, the State Board of Elections shall adjust
8the amounts of the contribution limitations established in
9this subsection for inflation as determined by the Consumer
10Price Index for All Urban Consumers as issued by the United
11States Department of Labor and rounded to the nearest $100.
12The State Board shall publish this information on its official
13website.
14    (j) A political committee that receives a contribution or
15transfer in violation of this Section shall dispose of the
16contribution or transfer by returning the contribution or
17transfer, or an amount equal to the contribution or transfer,
18to the contributor or transferor or donating the contribution
19or transfer, or an amount equal to the contribution or
20transfer, to a charity. A contribution or transfer received in
21violation of this Section that is not disposed of as provided
22in this subsection within 30 days after the Board sends
23notification to the political committee of the excess
24contribution by certified mail shall escheat to the General
25Revenue Fund and the political committee shall be deemed in
26violation of this Section and subject to a civil penalty not to

 

 

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1exceed 150% of the total amount of the contribution.
2    (k) For the purposes of this Section, "statewide office"
3means the Governor, Lieutenant Governor, Attorney General,
4Secretary of State, Comptroller, and Treasurer.
5    (l) This Section is repealed if and when the United States
6Supreme Court invalidates contribution limits on committees
7formed to assist candidates, political parties, corporations,
8associations, or labor organizations established by or
9pursuant to federal law.
10(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".