SB2147 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2147

 

Introduced 2/26/2021, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/3A-50 new
10 ILCS 5/1A-14  from Ch. 46, par. 1A-14
10 ILCS 5/9-1.8  from Ch. 46, par. 9-1.8
10 ILCS 5/9-3.5 new
10 ILCS 5/9-8.5
25 ILCS 170/11.4 new

    Amends the Election Code. Prohibits a member of the State Board of Elections from contributing to a political committee, serving as an officer of a political committee, or being a candidate supported by a candidate political committee. Provides options for the person to remedy the violation. Requires a person who is in violation on the effective date of the amendatory Act to come into compliance within 30 days after the effective date of the amendatory Act. Defines a "limited activity committee" to mean a political committee for which a person who is nominated to a position that is subject to confirmation by the Senate, including a member of the State Board of Elections, or a person registered as a lobbyist under the Lobbyist Registration Act is either an officer or a candidate the committee has designated to support. Prohibits a limited activity committee from accepting contributions, except that the person who is either an officer or a candidate the committee has designated to support may contribute personal funds in order to pay maintenance expenses. Provides that a limited activity committee may only make specified expenditures. Amends the Illinois Governmental Ethics Act and the Lobbyist Registration Act. Prohibits an appointee subject to Senate confirmation and a registered lobbyist from serving as an officer of a candidate political committee in which the person is the designated candidate or being a candidate supported by a candidate political committee. Provides options for the person to remedy the violation. Requires a person who is in violation on the effective date of the amendatory Act to come into compliance within 30 days after the effective date of the amendatory Act. Effective immediately.


LRB102 15519 SMS 20882 b

 

 

A BILL FOR

 

SB2147LRB102 15519 SMS 20882 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by adding Section 3A-50 as follows:
 
6    (5 ILCS 420/3A-50 new)
7    Sec. 3A-50. Political activity. No person whose
8appointment requires the advice and consent of the Senate
9shall: (1) serve as an officer of a candidate political
10committee; or (2) be a candidate who is designated as the
11candidate to be supported by a candidate political committee.
12A person whose appointment requires the advice and consent of
13the Senate who is either an officer of a candidate political
14committee or a candidate who is designated as the candidate to
15be supported by a candidate political committee shall within
1630 days after confirmation by the Senate: (i) resign as an
17officer of the candidate political committee; (ii) have his or
18her name removed as the candidate to be supported by a
19candidate political committee; (iii) notify the State Board of
20Elections of the person's intent to convert the candidate
21political committee to a limited activity committee under
22Section 9-1.8 of the Election Code and complete the transition
23to a limited activity committee within 60 days after

 

 

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1confirmation; or (iv) dissolve the candidate political
2committee. A person whose appointment requires the advice and
3consent of the Senate who is in violation of this Section on
4the effective date of this amendatory Act of the 102nd General
5Assembly must come into compliance within 30 days after the
6effective date of this amendatory Act of the 102nd General
7Assembly. As used in this Section, "candidate political
8committee" has the meaning given to that term in Section 9-1.8
9of the Election Code in which the person subject to
10confirmation by the Senate is designated as the candidate to
11be supported by the candidate political committee under
12Section 9-2 of the Code.
 
13    Section 10. The Election Code is amended by changing
14Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5
15as follows:
 
16    (10 ILCS 5/1A-14)  (from Ch. 46, par. 1A-14)
17    Sec. 1A-14. Political activity by the State Board of
18Elections.
19    (a) No member of the State Board of Elections may become a
20candidate for nomination for, or election to, or accept
21appointment to or hold any other remunerative public office or
22public employment or any office in a political party.
23    (b) No member of the State Board of Elections shall: (1)
24contribute, either financially or in services or goods or any

 

 

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1other way, to any political committee; (2) serve as an officer
2of any political committee; or (3) be a candidate who is
3designated as the candidate to be supported by a candidate
4political committee. A member of the State Board of Elections
5who is either an officer of a political committee or a
6candidate who is designated as the candidate to be supported
7by a candidate political committee shall within 30 days after
8confirmation by the Senate: (i) resign as an officer of the
9political committee; (ii) have his or her name removed as the
10candidate to be supported by a political committee; (iii)
11notify the Board of the member's intent to convert the
12political committee to a limited activity committee under
13Section 9-1.8, and complete the transition to a limited
14activity committee within 60 days after confirmation; or (iv)
15dissolve the committee. A member of the State Board of
16Elections who is in violation of this subsection (b) on the
17effective date of this amendatory Act of the 102nd General
18Assembly must come into compliance within 30 days after the
19effective date of this amendatory Act of the 102nd General
20Assembly. As used in this Section, "political committee"
21includes both the meaning provided in Section 9-1.8 of this
22Code and the meaning provided in 52 U.S.C. 30101.
23    (c) Violation of any prohibition in this Section shall
24disqualify a member of the Board and a vacancy is thereby
25created. A vacancy also exists upon the occurrence of any of
26the events enumerated in Section 25-2 of this Act as in the

 

 

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1case of an elective office.
2(Source: P.A. 80-1178.)
 
3    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
4    Sec. 9-1.8. Political committees.
5    (a) "Political committee" includes a candidate political
6committee, a political party committee, a political action
7committee, a ballot initiative committee, and an independent
8expenditure committee.
9    (b) "Candidate political committee" means the candidate
10himself or herself or any natural person, trust, partnership,
11corporation, or other organization or group of persons
12designated by the candidate that accepts contributions or
13makes expenditures during any 12-month period in an aggregate
14amount exceeding $5,000 on behalf of the candidate.
15    (c) "Political party committee" means the State central
16committee of a political party, a county central committee of
17a political party, a legislative caucus committee, or a
18committee formed by a ward or township committeeperson of a
19political party. For purposes of this Article, a "legislative
20caucus committee" means a committee established for the
21purpose of electing candidates to the General Assembly by the
22person elected President of the Senate, Minority Leader of the
23Senate, Speaker of the House of Representatives, Minority
24Leader of the House of Representatives, or a committee
25established by 5 or more members of the same caucus of the

 

 

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1Senate or 10 or more members of the same caucus of the House of
2Representatives.
3    (d) "Political action committee" means any natural person,
4trust, partnership, committee, association, corporation, or
5other organization or group of persons, other than a
6candidate, political party, candidate political committee, or
7political party committee, that accepts contributions or makes
8expenditures during any 12-month period in an aggregate amount
9exceeding $5,000 on behalf of or in opposition to a candidate
10or candidates for public office. "Political action committee"
11includes any natural person, trust, partnership, committee,
12association, corporation, or other organization or group of
13persons, other than a candidate, political party, candidate
14political committee, or political party committee, that makes
15electioneering communications during any 12-month period in an
16aggregate amount exceeding $5,000 related to any candidate or
17candidates for public office.
18    (e) "Ballot initiative committee" means any natural
19person, trust, partnership, committee, association,
20corporation, or other organization or group of persons that
21accepts contributions or makes expenditures during any
2212-month period in an aggregate amount exceeding $5,000 in
23support of or in opposition to any question of public policy to
24be submitted to the electors. "Ballot initiative committee"
25includes any natural person, trust, partnership, committee,
26association, corporation, or other organization or group of

 

 

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1persons that makes electioneering communications during any
212-month period in an aggregate amount exceeding $5,000
3related to any question of public policy to be submitted to the
4voters. The $5,000 threshold applies to any contributions or
5expenditures received or made with the purpose of securing a
6place on the ballot for, advocating the defeat or passage of,
7or engaging in electioneering communication regarding the
8question of public policy, regardless of the method of
9initiation of the question of public policy and regardless of
10whether petitions have been circulated or filed with the
11appropriate office or whether the question has been adopted
12and certified by the governing body.
13    (f) "Independent expenditure committee" means any trust,
14partnership, committee, association, corporation, or other
15organization or group of persons formed for the exclusive
16purpose of making independent expenditures during any 12-month
17period in an aggregate amount exceeding $5,000 in support of
18or in opposition to (i) the nomination for election, election,
19retention, or defeat of any public official or candidate or
20(ii) any question of public policy to be submitted to the
21electors. "Independent expenditure committee" also includes
22any trust, partnership, committee, association, corporation,
23or other organization or group of persons that makes
24electioneering communications that are not made in connection,
25consultation, or concert with or at the request or suggestion
26of a public official or candidate, a public official's or

 

 

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1candidate's designated political committee or campaign, or an
2agent or agents of the public official, candidate, or
3political committee or campaign during any 12-month period in
4an aggregate amount exceeding $5,000 related to (i) the
5nomination for election, election, retention, or defeat of any
6public official or candidate or (ii) any question of public
7policy to be submitted to the voters.
8    (g) "Limited activity committee" means a political
9committee for which a person who is nominated to a position
10that is subject to confirmation by the Senate, including a
11member of the State Board of Elections, or a person registered
12as a lobbyist under the Lobbyist Registration Act is either an
13officer or a candidate the committee has designated to
14support.
15(Source: P.A. 100-1027, eff. 1-1-19.)
 
16    (10 ILCS 5/9-3.5 new)
17    Sec. 9-3.5. Candidate political committee restrictions.
18    (a) A person who is registered as a lobbyist under the
19Lobbyist Registration Act or who is nominated to a position
20that is subject to confirmation by the Senate shall not: (1)
21serve as an officer of a candidate political committee that is
22designated to support or oppose that person as a candidate; or
23(2) be a candidate who is designated as the candidate to be
24supported by a candidate political committee.
25    (b) Within 30 days after registering as a lobbyist under

 

 

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1the Lobbyist Registration Act or after confirmation by the
2Senate, the person shall: (1) dissolve the candidate political
3committee; (2) resign as an officer of the candidate political
4committee; (3) have his or her name removed as the candidate to
5be supported by the candidate political committee; or (iv)
6notify the Board of the person's intent to convert the
7candidate political committee to a limited activity candidate
8political committee.
 
9    (10 ILCS 5/9-8.5)
10    Sec. 9-8.5. Limitations on campaign contributions.
11    (a) It is unlawful for a political committee to accept
12contributions except as provided in this Section.
13    (b) During an election cycle, a candidate political
14committee may not accept contributions with an aggregate value
15over the following: (i) $5,000 from any individual, (ii)
16$10,000 from any corporation, labor organization, or
17association, or (iii) $50,000 from a candidate political
18committee or political action committee. A candidate political
19committee may accept contributions in any amount from a
20political party committee except during an election cycle in
21which the candidate seeks nomination at a primary election.
22During an election cycle in which the candidate seeks
23nomination at a primary election, a candidate political
24committee may not accept contributions from political party
25committees with an aggregate value over the following: (i)

 

 

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1$200,000 for a candidate political committee established to
2support a candidate seeking nomination to statewide office,
3(ii) $125,000 for a candidate political committee established
4to support a candidate seeking nomination to the Senate, the
5Supreme Court or Appellate Court in the First Judicial
6District, or an office elected by all voters in a county with
71,000,000 or more residents, (iii) $75,000 for a candidate
8political committee established to support a candidate seeking
9nomination to the House of Representatives, the Supreme Court
10or Appellate Court for a Judicial District other than the
11First Judicial District, an office elected by all voters of a
12county of fewer than 1,000,000 residents, and municipal and
13county offices in Cook County other than those elected by all
14voters of Cook County, and (iv) $50,000 for a candidate
15political committee established to support the nomination of a
16candidate to any other office. A candidate political committee
17established to elect a candidate to the General Assembly may
18accept contributions from only one legislative caucus
19committee. A candidate political committee may not accept
20contributions from a ballot initiative committee or from an
21independent expenditure committee.
22    (c) During an election cycle, a political party committee
23may not accept contributions with an aggregate value over the
24following: (i) $10,000 from any individual, (ii) $20,000 from
25any corporation, labor organization, or association, or (iii)
26$50,000 from a political action committee. A political party

 

 

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1committee may accept contributions in any amount from another
2political party committee or a candidate political committee,
3except as provided in subsection (c-5). Nothing in this
4Section shall limit the amounts that may be transferred
5between a political party committee established under
6subsection (a) of Section 7-8 of this Code and an affiliated
7federal political committee established under the Federal
8Election Code by the same political party. A political party
9committee may not accept contributions from a ballot
10initiative committee or from an independent expenditure
11committee. A political party committee established by a
12legislative caucus may not accept contributions from another
13political party committee established by a legislative caucus.
14    (c-5) During the period beginning on the date candidates
15may begin circulating petitions for a primary election and
16ending on the day of the primary election, a political party
17committee may not accept contributions with an aggregate value
18over $50,000 from a candidate political committee or political
19party committee. A political party committee may accept
20contributions in any amount from a candidate political
21committee or political party committee if the political party
22committee receiving the contribution filed a statement of
23nonparticipation in the primary as provided in subsection
24(c-10). The Task Force on Campaign Finance Reform shall study
25and make recommendations on the provisions of this subsection
26to the Governor and General Assembly by September 30, 2012.

 

 

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1This subsection becomes inoperative on July 1, 2013 and
2thereafter no longer applies.
3    (c-10) A political party committee that does not intend to
4make contributions to candidates to be nominated at a general
5primary election or consolidated primary election may file a
6Statement of Nonparticipation in a Primary Election with the
7Board. The Statement of Nonparticipation shall include a
8verification signed by the chairperson and treasurer of the
9committee that (i) the committee will not make contributions
10or coordinated expenditures in support of or opposition to a
11candidate or candidates to be nominated at the general primary
12election or consolidated primary election (select one) to be
13held on (insert date), (ii) the political party committee may
14accept unlimited contributions from candidate political
15committees and political party committees, provided that the
16political party committee does not make contributions to a
17candidate or candidates to be nominated at the primary
18election, and (iii) failure to abide by these requirements
19shall deem the political party committee in violation of this
20Article and subject the committee to a fine of no more than
21150% of the total contributions or coordinated expenditures
22made by the committee in violation of this Article. This
23subsection becomes inoperative on July 1, 2013 and thereafter
24no longer applies.
25    (d) During an election cycle, a political action committee
26may not accept contributions with an aggregate value over the

 

 

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1following: (i) $10,000 from any individual, (ii) $20,000 from
2any corporation, labor organization, political party
3committee, or association, or (iii) $50,000 from a political
4action committee or candidate political committee. A political
5action committee may not accept contributions from a ballot
6initiative committee or from an independent expenditure
7committee.
8    (e) A ballot initiative committee may accept contributions
9in any amount from any source, provided that the committee
10files the document required by Section 9-3 of this Article and
11files the disclosure reports required by the provisions of
12this Article.
13    (e-5) An independent expenditure committee may accept
14contributions in any amount from any source, provided that the
15committee files the document required by Section 9-3 of this
16Article and files the disclosure reports required by the
17provisions of this Article.
18    (e-10) A limited activity committee shall not accept
19contributions, except that the officer or a candidate the
20committee has designated to support may contribute personal
21funds in order to pay for maintenance expenses. A limited
22activity committee may only make expenditures that are: (1)
23necessary for maintenance of the committee; (2) for rent or
24lease payments until the end of the lease in effect at the time
25the officer or candidate is confirmed by the Senate or
26registered as a lobbyist under the Lobbyist Registration Act;

 

 

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1(3) contributions to 501(c)(3) charities; or (4) returning
2contributions to original contributors.
3    (f) Nothing in this Section shall prohibit a political
4committee from dividing the proceeds of joint fundraising
5efforts; provided that no political committee may receive more
6than the limit from any one contributor, and provided that an
7independent expenditure committee may not conduct joint
8fundraising efforts with a candidate political committee or a
9political party committee.
10    (g) On January 1 of each odd-numbered year, the State
11Board of Elections shall adjust the amounts of the
12contribution limitations established in this Section for
13inflation as determined by the Consumer Price Index for All
14Urban Consumers as issued by the United States Department of
15Labor and rounded to the nearest $100. The State Board shall
16publish this information on its official website.
17    (h) Self-funding candidates. If a public official, a
18candidate, or the public official's or candidate's immediate
19family contributes or loans to the public official's or
20candidate's political committee or to other political
21committees that transfer funds to the public official's or
22candidate's political committee or makes independent
23expenditures for the benefit of the public official's or
24candidate's campaign during the 12 months prior to an election
25in an aggregate amount of more than (i) $250,000 for statewide
26office or (ii) $100,000 for all other elective offices, then

 

 

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

 

 

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

 

 

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

 

 

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1organization, association, or a political action committee
2established by a corporation, labor organization, or
3association may act as a conduit in facilitating the delivery
4to a political action committee of contributions made through
5dues, levies, or similar assessments and the political action
6committee may report the contributions in the aggregate,
7provided that: (i) contributions made through dues, levies, or
8similar assessments paid by any natural person, corporation,
9labor organization, or association in a calendar year may not
10exceed the limits set forth in this Section; (ii) the
11corporation, labor organization, association, or a political
12action committee established by a corporation, labor
13organization, or association facilitating the delivery of
14contributions maintains a list of natural persons,
15corporations, labor organizations, and associations that paid
16the dues, levies, or similar assessments from which the
17contributions comprising the aggregate amount derive; and
18(iii) contributions made through dues, levies, or similar
19assessments paid by any natural person, corporation, labor
20organization, or association that exceed $500 in a quarterly
21reporting period shall be itemized on the committee's
22quarterly report and may not be reported in the aggregate. A
23political action committee facilitating the delivery of
24contributions or receiving contributions shall disclose the
25amount of contributions made through dues delivered or
26received and the name of the corporation, labor organization,

 

 

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1association, or political action committee delivering the
2contributions, if applicable. On January 1 of each
3odd-numbered year, the State Board of Elections shall adjust
4the amounts of the contribution limitations established in
5this subsection for inflation as determined by the Consumer
6Price Index for All Urban Consumers as issued by the United
7States Department of Labor and rounded to the nearest $100.
8The State Board shall publish this information on its official
9website.
10    (j) A political committee that receives a contribution or
11transfer in violation of this Section shall dispose of the
12contribution or transfer by returning the contribution or
13transfer, or an amount equal to the contribution or transfer,
14to the contributor or transferor or donating the contribution
15or transfer, or an amount equal to the contribution or
16transfer, to a charity. A contribution or transfer received in
17violation of this Section that is not disposed of as provided
18in this subsection within 30 days after the Board sends
19notification to the political committee of the excess
20contribution by certified mail shall escheat to the General
21Revenue Fund and the political committee shall be deemed in
22violation of this Section and subject to a civil penalty not to
23exceed 150% of the total amount of the contribution.
24    (k) For the purposes of this Section, "statewide office"
25means the Governor, Lieutenant Governor, Attorney General,
26Secretary of State, Comptroller, and Treasurer.

 

 

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1    (l) This Section is repealed if and when the United States
2Supreme Court invalidates contribution limits on committees
3formed to assist candidates, political parties, corporations,
4associations, or labor organizations established by or
5pursuant to federal law.
6(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
7    Section 15. The Lobbyist Registration Act is amended by
8adding Section 11.4 as follows:
 
9    (25 ILCS 170/11.4 new)
10    Sec. 11.4. Political activity. No person registered under
11this Act shall: (1) serve as an officer of a political
12committee; or (2) be a candidate who is designated as the
13candidate to be supported by a candidate political committee.
14A person registered under this Act who is either an officer of
15a political committee or a candidate who is designated as the
16candidate to be supported by a candidate political committee
17shall: (i) resign as an officer of the candidate political
18committee; (ii) have his or her name removed as the candidate
19to be supported by a candidate political committee within 30
20days after confirmation by the Senate; (iii) notify the State
21Board of Elections of the person's intent to convert the
22candidate political committee to a limited activity committee
23pursuant to Section 9-1.8 of the Election Code within 30 days
24after registering under this Act and complete the transition

 

 

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1to a limited activity committee within 60 days after
2registration; or (iv) dissolve the candidate political
3committee. A person registered under this Act who is in
4violation of this Section on the effective date of this
5amendatory Act of the 102nd General Assembly must come into
6compliance within 30 days after the effective date of this
7amendatory Act of the 102nd General Assembly. As used in this
8Section, "political committee" has the meaning given to that
9term in Section 9-1.8 of the Election Code in which the person
10registered under this Act is designated as the candidate to be
11supported by the candidate political committee under Section
129-2 of the Code.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.