Full Text of SB2570 102nd General Assembly
SB2570 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2570 Introduced 2/26/2021, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/9-1.8 | from Ch. 46, par. 9-1.8 | 10 ILCS 5/9-1.9 | from Ch. 46, par. 9-1.9 | 10 ILCS 5/9-2 | from Ch. 46, par. 9-2 | 10 ILCS 5/9-3 | from Ch. 46, par. 9-3 | 10 ILCS 5/9-8.5 | | 10 ILCS 5/9-10 | from Ch. 46, par. 9-10 |
|
Amends the Election Code. Defines a "multi-candidate political committee" to mean 2 or more candidates or any natural person, trust, partnership, corporation, or other organization or group of persons designated by the candidates that accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $5,000 on behalf of the candidate. Provides that for a multi-candidate political committee organized to support multiple candidates for a single office, "election cycle" means the period that would apply to the candidates if they had formed individual candidate political committees. Provides that for a multi-candidate political committee organized to support candidates for different offices, "election cycle" means the period that is the longest of all the periods that would apply to the candidates supported by the committee if they had formed individual candidate political committees. Prohibits a public official or candidate for public office from maintaining or establishing more than one multi-candidate political committee for each office that public official or candidate holds or is seeking. Provides that the name of each multi-candidate political committee shall identify the names of all public officials or candidates supported by the multi-candidate political committee. Prohibits a public official or candidate for public office that maintains a candidate political committee from maintaining or establishing a multi-candidate committee to support his or her candidacy for the same office. Provides that during an election cycle, the aggregate value of a contribution that a multi-candidate political committee may accept from a source is equal to the aggregate value of a contribution that a candidate political committee would be permitted to accept from that source. Makes conforming and other changes.
|
| |
| | A BILL FOR |
|
| | | SB2570 | | LRB102 16507 SMS 21900 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 | 5 | | Sections 9-1.8, 9-1.9, 9-2, 9-3, 9-8.5, and 9-10 as follows:
| 6 | | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| 7 | | Sec. 9-1.8. Political committees. | 8 | | (a) "Political committee" includes a candidate political | 9 | | committee, a political party committee, a political action | 10 | | committee, a ballot initiative committee, and an independent | 11 | | expenditure committee. | 12 | | (b) "Candidate political committee" means the candidate | 13 | | himself or herself or any natural person, trust, partnership, | 14 | | corporation, or other organization or group of persons | 15 | | designated by the candidate that accepts contributions or | 16 | | makes expenditures during any 12-month period in an aggregate | 17 | | amount exceeding $5,000 on behalf of the candidate. | 18 | | (b-5) "Multi-candidate political committee" means 2 or | 19 | | more candidates or any natural person, trust, partnership, | 20 | | corporation, or other organization or group of persons | 21 | | designated by the candidates that accepts contributions or | 22 | | makes expenditures during any 12-month period in an aggregate | 23 | | amount exceeding $5,000 on behalf of the candidate. Unless |
| | | SB2570 | - 2 - | LRB102 16507 SMS 21900 b |
|
| 1 | | otherwise stated, all provisions of this Article that apply to | 2 | | candidate political committees shall be applied in an | 3 | | identical manner to multi-candidate political committees. | 4 | | (c) "Political party committee" means the State central | 5 | | committee of a political party, a county central committee of | 6 | | a political party, a legislative caucus committee, or a | 7 | | committee formed by a ward or township committeeperson of a | 8 | | political party. For purposes of this Article, a "legislative | 9 | | caucus committee" means a committee established for the | 10 | | purpose of electing candidates to the General Assembly by the | 11 | | person elected President of the Senate, Minority Leader of the | 12 | | Senate, Speaker of the House of Representatives, Minority | 13 | | Leader of the House of Representatives, or a committee | 14 | | established by 5 or more members of the same caucus of the | 15 | | Senate or 10 or more members of the same caucus of the House of | 16 | | Representatives. | 17 | | (d) "Political action committee" means any natural person, | 18 | | trust, partnership, committee, association, corporation, or | 19 | | other organization or group of persons, other than a | 20 | | candidate, political party, candidate political committee, or | 21 | | political party committee, that accepts contributions or makes | 22 | | expenditures during any 12-month period in an aggregate amount | 23 | | exceeding $5,000 on behalf of or in opposition to a candidate | 24 | | or candidates for public office. "Political action committee" | 25 | | includes any natural person, trust, partnership, committee, | 26 | | association, corporation, or other organization or group of |
| | | SB2570 | - 3 - | LRB102 16507 SMS 21900 b |
|
| 1 | | persons, other than a candidate, political party, candidate | 2 | | political committee, or political party committee, that makes | 3 | | electioneering communications during any 12-month period in an | 4 | | aggregate amount exceeding $5,000 related to any candidate or | 5 | | candidates for public office. | 6 | | (e) "Ballot initiative committee" means any natural | 7 | | person, trust, partnership, committee, association, | 8 | | corporation, or other organization or group of persons that | 9 | | accepts contributions or makes expenditures during any | 10 | | 12-month period in an aggregate amount exceeding $5,000 in | 11 | | support of or in opposition to any question of public policy to | 12 | | be submitted to the electors. "Ballot initiative committee" | 13 | | includes any natural person, trust, partnership, committee, | 14 | | association, corporation, or other organization or group of | 15 | | persons that makes electioneering communications during any | 16 | | 12-month period in an aggregate amount exceeding $5,000 | 17 | | related to any question of public policy to be submitted to the | 18 | | voters. The $5,000 threshold applies to any contributions or | 19 | | expenditures received or made with the purpose of securing a | 20 | | place on the ballot for, advocating the defeat or passage of, | 21 | | or engaging in electioneering communication regarding the | 22 | | question of public policy, regardless of the method of | 23 | | initiation of the question of public policy and regardless of | 24 | | whether petitions have been circulated or filed with the | 25 | | appropriate office or whether the question has been adopted | 26 | | and certified by the governing body. |
| | | SB2570 | - 4 - | LRB102 16507 SMS 21900 b |
|
| 1 | | (f) "Independent expenditure committee" means any trust, | 2 | | partnership, committee, association, corporation, or other | 3 | | organization or group of persons formed for the exclusive
| 4 | | purpose of making independent expenditures during any 12-month | 5 | | period in an aggregate amount exceeding $5,000 in support of | 6 | | or in opposition to (i) the nomination for election, election, | 7 | | retention, or defeat of any public official or candidate or | 8 | | (ii) any question of public policy to be submitted to the | 9 | | electors. "Independent expenditure committee" also includes | 10 | | any trust, partnership, committee, association, corporation, | 11 | | or other organization or group of persons that makes | 12 | | electioneering communications that are not made in connection, | 13 | | consultation, or concert with or at the request or suggestion | 14 | | of a public official or candidate, a public official's or | 15 | | candidate's designated political committee or campaign, or an | 16 | | agent or agents of the public official, candidate, or | 17 | | political committee or campaign during any 12-month period in | 18 | | an aggregate amount exceeding $5,000 related to (i) the | 19 | | nomination for election, election, retention, or defeat of any | 20 | | public official or candidate or (ii) any question of public | 21 | | policy to be submitted to the voters.
| 22 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 23 | | (10 ILCS 5/9-1.9)
(from Ch. 46, par. 9-1.9)
| 24 | | Sec. 9-1.9. Election cycle. "Election cycle" means any of | 25 | | the following: |
| | | SB2570 | - 5 - | LRB102 16507 SMS 21900 b |
|
| 1 | | (1) For a candidate political committee organized to | 2 | | support a candidate to be elected at a general primary | 3 | | election or general election, (i) the period beginning January | 4 | | 1 following the general election for the office to which a | 5 | | candidate seeks nomination or election and ending on the day | 6 | | of the general primary election for that office or (ii) the | 7 | | period beginning the day after a general primary election for | 8 | | the office to which the candidate seeks nomination or election | 9 | | and through December 31 following the general election. | 10 | | (2) Notwithstanding paragraph (1), for a candidate | 11 | | political committee organized to support a candidate for the | 12 | | General Assembly, (i) the period beginning January 1 following | 13 | | a general election and ending on the day of the next general | 14 | | primary election or (ii) the period beginning the day after | 15 | | the general primary election and ending on December 31 | 16 | | following a general election. | 17 | | (3) For a candidate political committee organized to | 18 | | support a candidate for a retention election, (i) the period | 19 | | beginning January 1 following the general election at which | 20 | | the candidate was elected through the day the candidate files | 21 | | a declaration of intent to seek retention or (ii) the period | 22 | | beginning the day after the candidate files a declaration of | 23 | | intent to seek retention through December 31 following the | 24 | | retention election. | 25 | | (4) For a candidate political committee organized to | 26 | | support a candidate to be elected at a consolidated primary |
| | | SB2570 | - 6 - | LRB102 16507 SMS 21900 b |
|
| 1 | | election or consolidated election, (i) the period beginning | 2 | | July 1 following a consolidated election and ending on the day | 3 | | of the consolidated primary election or (ii) the period | 4 | | beginning the day after the consolidated primary election and | 5 | | ending on June 30 following a consolidated election. | 6 | | (5) For a political party committee, political action | 7 | | committee, ballot initiative committee, or independent | 8 | | expenditure committee, the period beginning on January 1 and | 9 | | ending on December 31 of each calendar year.
| 10 | | (6) For a multi-candidate political committee organized to | 11 | | support multiple candidates for a single office, the period | 12 | | that would apply to the candidates if they had formed | 13 | | individual candidate political committees. | 14 | | (7) For a multi-candidate political committee organized to | 15 | | support candidates for different offices, the period that is | 16 | | the longest of all the periods that would apply to the | 17 | | candidates supported by the committee if they had formed | 18 | | individual candidate political committees. | 19 | | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
| 20 | | (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
| 21 | | Sec. 9-2. Political committee designations. | 22 | | (a) Every political committee shall be designated as a (i) | 23 | | candidate political committee, (ii) multi-candidate political | 24 | | committee, (iii) political party committee, (iv) (iii) | 25 | | political action committee, (v) (iv) ballot initiative |
| | | SB2570 | - 7 - | LRB102 16507 SMS 21900 b |
|
| 1 | | committee, or (vi) (v) independent expenditure committee. | 2 | | (b) Beginning January 1, 2011, no public official or | 3 | | candidate for public office may maintain or establish more | 4 | | than one candidate political committee for each office that | 5 | | public official or candidate holds or is seeking. The name of | 6 | | each candidate political committee shall identify the name of | 7 | | the public official or candidate supported by the candidate | 8 | | political committee. If a candidate establishes separate | 9 | | candidate political committees for each public office, the | 10 | | name of each candidate political committee shall also include | 11 | | the public office to which the candidate seeks nomination for | 12 | | election, election, or retention. If a candidate establishes | 13 | | one candidate political committee for multiple offices elected | 14 | | at different elections, then the candidate shall designate an | 15 | | election cycle, as defined in Section 9-1.9, for purposes of | 16 | | contribution limitations and reporting requirements set forth | 17 | | in this Article.
No political committee, other than a | 18 | | candidate political committee or multi-candidate political | 19 | | committee , may include the name of a candidate in its name. | 20 | | (b-5) No public official or candidate for public office | 21 | | may maintain or establish more than one multi-candidate | 22 | | political committee for each office that public official or | 23 | | candidate holds or is seeking. The name of each | 24 | | multi-candidate political committee shall identify the names | 25 | | of all public officials or candidates supported by the | 26 | | multi-candidate political committee. |
| | | SB2570 | - 8 - | LRB102 16507 SMS 21900 b |
|
| 1 | | (b-10) No public official or candidate for public office | 2 | | that maintains a candidate political committee may maintain or | 3 | | establish a multi-candidate committee to support his or her | 4 | | candidacy for the same office. No public official or candidate | 5 | | for public office that maintains a multi-candidate political | 6 | | committee may maintain or establish a candidate committee to | 7 | | support his or her candidacy for the same office. | 8 | | (c) Beginning January 1, 2011, no State central committee | 9 | | of a political party, county central committee of a political | 10 | | party, committee formed by a ward or township committeeperson, | 11 | | or committee established for the purpose of electing | 12 | | candidates to the General Assembly may maintain or establish | 13 | | more than one political party committee. The name of the | 14 | | committee must include the name of the political party. | 15 | | (d) Beginning January 1, 2011, no natural person, trust, | 16 | | partnership, committee, association, corporation, or other | 17 | | organization or group of persons forming a political action | 18 | | committee shall maintain or establish more than one political | 19 | | action committee. The name of a political action committee | 20 | | must include the name of the entity forming the committee. | 21 | | This subsection does not apply to independent expenditure | 22 | | committees. | 23 | | (e) Beginning January 1, 2011, the name of a ballot | 24 | | initiative committee must include words describing the | 25 | | question of public policy and whether the group supports or | 26 | | opposes the question. |
| | | SB2570 | - 9 - | LRB102 16507 SMS 21900 b |
|
| 1 | | (f) Every political committee shall designate a chair
and | 2 | | a treasurer. The same person may serve as both chair and
| 3 | | treasurer of any political committee.
A candidate who | 4 | | administers his own campaign contributions and
expenditures | 5 | | shall be deemed a political committee for purposes of this
| 6 | | Article and shall designate himself as chair, treasurer, or | 7 | | both chair
and treasurer of such political committee. The | 8 | | treasurer of a
political committee shall be responsible for | 9 | | keeping the records and
filing the statements and reports | 10 | | required by this Article.
| 11 | | (g) No contribution and no expenditure shall be accepted | 12 | | or made by or on
behalf of a political committee at a time when | 13 | | there is a vacancy in the
office of chair or treasurer thereof. | 14 | | No expenditure shall be made
for or on behalf of a political | 15 | | committee without the authorization of
its chair or treasurer, | 16 | | or their designated agents.
| 17 | | (h) For purposes of implementing the changes made by this | 18 | | amendatory Act of the 96th General Assembly, every political | 19 | | committee in existence on the effective date of this | 20 | | amendatory Act of the 96th General Assembly shall make the | 21 | | designation required by this Section by December 31, 2010. | 22 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 23 | | (10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | 24 | | Sec. 9-3. Political committee statement of organization. | 25 | | (a) Every political committee shall file with the State |
| | | SB2570 | - 10 - | LRB102 16507 SMS 21900 b |
|
| 1 | | Board of Elections a
statement of organization within 10 | 2 | | business days of the creation of
such
committee, except any | 3 | | political committee created within the 30 days before
an
| 4 | | election shall file a statement of organization within 2 | 5 | | business days in person, by facsimile transmission, or by | 6 | | electronic mail. Any change in information previously | 7 | | submitted in a statement of organization shall be reported, as | 8 | | required for the original statement of organization by this | 9 | | Section, within 10 days following that change.
The Board shall | 10 | | impose a civil penalty of $50 per business day upon political
| 11 | | committees for failing to file or late filing of a statement of | 12 | | organization. Such penalties shall not
exceed $5,000, and | 13 | | shall not exceed $10,000 for statewide office political
| 14 | | committees.
There shall be no fine if the statement is mailed | 15 | | and postmarked at least 72
hours prior to the filing deadline.
| 16 | | In addition to the civil penalties authorized by this | 17 | | Section, the State
Board of Elections or any other political | 18 | | committee may apply to the
circuit court for a temporary | 19 | | restraining
order or a preliminary or permanent injunction | 20 | | against the political committee
to cease the expenditure of | 21 | | funds and to cease operations until the statement
of | 22 | | organization is filed.
| 23 | | For the purpose of this Section,
"statewide office" means | 24 | | the Governor, Lieutenant Governor, Secretary of State,
| 25 | | Attorney General, State Treasurer, and State Comptroller.
| 26 | | (b) The statement of organization shall include:
|
| | | SB2570 | - 11 - | LRB102 16507 SMS 21900 b |
|
| 1 | | (1) the name
and address of the political committee | 2 | | and the designation required by Section 9-2;
| 3 | | (2) the scope, area of activity, party affiliation, | 4 | | and purposes of the political
committee;
| 5 | | (2.5) for a multi-candidate political committee, the | 6 | | names and offices sought by each candidate supported by | 7 | | the multi-candidate political committee; | 8 | | (3) the name, address, and position of each custodian | 9 | | of the
committee's books and accounts;
| 10 | | (4) the name, address, and position of the committee's | 11 | | principal
officers, including the chairman, treasurer, and | 12 | | officers and members of
its finance committee, if any;
| 13 | | (5) the name and address of any sponsoring entity;
| 14 | | (6) a statement of what specific disposition of | 15 | | residual fund will
be made in the event of the dissolution | 16 | | or
termination of the committee;
| 17 | | (7) a listing of all banks or other financial | 18 | | institutions, safety
deposit boxes, and any other | 19 | | repositories or custodians of funds used by
the committee; | 20 | | and
| 21 | | (8) the amount of funds available for campaign | 22 | | expenditures as of
the filing date of the committee's | 23 | | statement of organization.
| 24 | | For purposes of this Section, a "sponsoring entity" is (i) | 25 | | any person,
organization, corporation, or association that | 26 | | contributes
at least 33% of the total funding of the political |
| | | SB2570 | - 12 - | LRB102 16507 SMS 21900 b |
|
| 1 | | committee or (ii) any person
or other entity that is | 2 | | registered or is required to register under the
Lobbyist | 3 | | Registration Act and contributes at least 33% of the total | 4 | | funding of
the political committee.
| 5 | | (c) Each statement of organization required to be
filed in | 6 | | accordance with this Section shall be verified, dated, and | 7 | | signed
by either the treasurer of the political committee | 8 | | making the statement or
the candidate on whose behalf the | 9 | | statement is made and shall contain
substantially the | 10 | | following verification: | 11 | | "VERIFICATION: | 12 | | I declare that this statement of organization (including | 13 | | any
accompanying schedules and statements) has been examined | 14 | | by me and, to the
best of my knowledge and belief, is a true, | 15 | | correct, and complete statement
of organization as required by | 16 | | Article 9 of the Election Code. I understand
that willfully | 17 | | filing a false or incomplete statement is
subject to a civil | 18 | | penalty of at least $1,001 and up to $5,000. | 19 | | ................ ..........................................
| 20 | | (date of filing) (signature of person making the statement)". | 21 | | (d) The statement of organization for a ballot initiative | 22 | | committee also shall include a verification signed by the | 23 | | chairperson of the committee that (i) the committee is formed | 24 | | for the purpose of supporting or opposing a question of public | 25 | | policy, (ii) all contributions and expenditures of the | 26 | | committee will be used for the purpose described in the |
| | | SB2570 | - 13 - | LRB102 16507 SMS 21900 b |
|
| 1 | | statement of organization, (iii) the committee may accept | 2 | | unlimited contributions from any source, provided that the | 3 | | ballot initiative committee does not make contributions or | 4 | | expenditures in support of or opposition to a candidate or | 5 | | candidates for nomination for election, election, or | 6 | | retention, and (iv) failure to abide by these requirements | 7 | | shall deem the committee in violation of this Article. | 8 | | (d-5) The statement of organization for an independent | 9 | | expenditure committee also shall include a verification signed | 10 | | by the chairperson of the committee that (i) the committee is | 11 | | formed for the exclusive purpose of making independent | 12 | | expenditures, (ii) all contributions and expenditures of the | 13 | | committee will be used for the purpose described in the | 14 | | statement of organization, (iii) the committee may accept | 15 | | unlimited contributions from any source, provided that the | 16 | | independent expenditure committee does not make contributions | 17 | | to any candidate political committee, political party | 18 | | committee, or political action committee, and (iv) failure to | 19 | | abide by these requirements shall deem the committee in | 20 | | violation of this Article. | 21 | | (e) For purposes of implementing the changes made by this | 22 | | amendatory Act of the 96th General Assembly, every political | 23 | | committee in existence on the effective date of this | 24 | | amendatory Act of the 96th General Assembly shall file the | 25 | | statement required by this Section with the Board by December | 26 | | 31, 2010. |
| | | SB2570 | - 14 - | LRB102 16507 SMS 21900 b |
|
| 1 | | (Source: P.A. 99-522, eff. 6-30-16.)
| 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 | 5 | | contributions except as provided in this Section. | 6 | | (b) During an election cycle, a candidate political | 7 | | committee may not accept contributions with an aggregate value | 8 | | over the following: (i) $5,000 from any individual, (ii) | 9 | | $10,000 from any corporation, labor organization, or | 10 | | association, or (iii) $50,000 from a candidate political | 11 | | committee or political action committee. A candidate political | 12 | | committee may accept contributions in any amount from a | 13 | | political party committee except during an election cycle in | 14 | | which the candidate seeks nomination at a primary election. | 15 | | During an election cycle in which the candidate seeks | 16 | | nomination at a primary election, a candidate political | 17 | | committee may not accept contributions from political party | 18 | | committees with an aggregate value over the following: (i) | 19 | | $200,000 for a candidate political committee established to | 20 | | support a candidate seeking nomination to statewide office, | 21 | | (ii) $125,000 for a candidate political committee established | 22 | | to support a candidate seeking nomination to the Senate, the | 23 | | Supreme Court or Appellate Court in the First Judicial | 24 | | District, or an office elected by all voters in a county with | 25 | | 1,000,000 or more residents, (iii) $75,000 for a candidate |
| | | SB2570 | - 15 - | LRB102 16507 SMS 21900 b |
|
| 1 | | political committee established to support a candidate seeking | 2 | | nomination to the House of Representatives, the Supreme Court | 3 | | or Appellate Court for a Judicial District other than the | 4 | | First Judicial District, an office elected by all voters of a | 5 | | county of fewer than 1,000,000 residents, and municipal and | 6 | | county offices in Cook County other than those elected by all | 7 | | voters of Cook County, and (iv) $50,000 for a candidate | 8 | | political committee established to support the nomination of a | 9 | | candidate to any other office.
A candidate political committee | 10 | | established to elect a candidate to the General Assembly may | 11 | | accept contributions from only one legislative caucus | 12 | | committee. A candidate political committee may not accept | 13 | | contributions from a ballot initiative committee or from an
| 14 | | independent expenditure committee. | 15 | | (b-5) During an election cycle, the aggregate value of a | 16 | | contribution that a multi-candidate political committee may | 17 | | accept from a source is equal to the aggregate value of a | 18 | | contribution that a candidate political committee would be | 19 | | permitted to accept from that source. | 20 | | (c) During an election cycle, a political party committee | 21 | | may not accept contributions with an aggregate value over the | 22 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 23 | | any corporation, labor organization, or association, or (iii) | 24 | | $50,000 from a political action committee. A political party | 25 | | committee may accept contributions in any amount from another | 26 | | political party committee or a candidate political committee, |
| | | SB2570 | - 16 - | LRB102 16507 SMS 21900 b |
|
| 1 | | except as provided in subsection (c-5). Nothing in this | 2 | | Section shall limit the amounts that may be transferred | 3 | | between a political party committee established under | 4 | | subsection (a) of Section 7-8 of this Code and an affiliated | 5 | | federal political committee established under the Federal | 6 | | Election Code by the same political party. A political party | 7 | | committee may not accept contributions from a ballot | 8 | | initiative committee or from an
independent expenditure | 9 | | committee. A political party committee established by a | 10 | | legislative caucus may not accept contributions from another | 11 | | political party committee established by a legislative caucus. | 12 | | (c-5) During the period beginning on the date candidates | 13 | | may begin circulating petitions for a primary election and | 14 | | ending on the day of the primary election, a political party | 15 | | committee may not accept contributions with an aggregate value | 16 | | over $50,000 from a candidate political committee or political | 17 | | party committee. A political party committee may accept | 18 | | contributions in any amount from a candidate political | 19 | | committee or political party committee if the political party | 20 | | committee receiving the contribution filed a statement of | 21 | | nonparticipation in the primary as provided in subsection | 22 | | (c-10). The Task Force on Campaign Finance Reform shall study | 23 | | and make recommendations on the provisions of this subsection | 24 | | to the Governor and General Assembly by September 30, 2012. | 25 | | This subsection becomes inoperative on July 1, 2013 and | 26 | | thereafter no longer applies. |
| | | SB2570 | - 17 - | LRB102 16507 SMS 21900 b |
|
| 1 | | (c-10) A political party committee that does not intend to | 2 | | make contributions to candidates to be nominated at a general | 3 | | primary election or consolidated primary election may file a | 4 | | Statement of Nonparticipation in a Primary Election with the | 5 | | Board. The Statement of Nonparticipation shall include a | 6 | | verification signed by the chairperson and treasurer of the | 7 | | committee that (i) the committee will not make contributions | 8 | | or coordinated expenditures in support of or opposition to a | 9 | | candidate or candidates to be nominated at the general primary | 10 | | election or consolidated primary election (select one) to be | 11 | | held on (insert date), (ii) the political party committee may | 12 | | accept unlimited contributions from candidate political | 13 | | committees and political party committees, provided that the | 14 | | political party committee does not make contributions to a | 15 | | candidate or candidates to be nominated at the primary | 16 | | election, and (iii) failure to abide by these requirements | 17 | | shall deem the political party committee in violation of this | 18 | | Article and subject the committee to a fine of no more than | 19 | | 150% of the total contributions or coordinated expenditures | 20 | | made by the committee in violation of this Article. This | 21 | | subsection becomes inoperative on July 1, 2013 and thereafter | 22 | | no longer applies. | 23 | | (d) During an election cycle, a political action committee | 24 | | may not accept contributions with an aggregate value over the | 25 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 26 | | any corporation, labor organization, political party |
| | | SB2570 | - 18 - | LRB102 16507 SMS 21900 b |
|
| 1 | | committee, or association, or (iii) $50,000 from a political | 2 | | action committee or candidate political committee. A political | 3 | | action committee may not accept contributions from a ballot | 4 | | initiative committee or from an
independent expenditure | 5 | | committee. | 6 | | (e) A ballot initiative committee may accept contributions | 7 | | in any amount from any source, provided that the committee | 8 | | files the document required by Section 9-3 of this Article and | 9 | | files the disclosure reports required by the provisions of | 10 | | this Article. | 11 | | (e-5) An independent expenditure committee may accept | 12 | | contributions in any amount from any source, provided that the | 13 | | committee files the document required by Section 9-3 of this | 14 | | Article and files the disclosure reports required by the | 15 | | provisions of this Article. | 16 | | (f) Nothing in this Section shall prohibit a political | 17 | | committee from dividing the proceeds of joint fundraising | 18 | | efforts; provided that no political committee may receive more | 19 | | than the limit from any one contributor, and provided that an | 20 | | independent
expenditure committee may not conduct joint | 21 | | fundraising efforts with a
candidate political committee or a | 22 | | political party committee. | 23 | | (g) On January 1 of each odd-numbered year, the State | 24 | | Board of Elections shall adjust the amounts of the | 25 | | contribution limitations established in this Section for | 26 | | inflation as determined by the Consumer Price Index for All |
| | | SB2570 | - 19 - | LRB102 16507 SMS 21900 b |
|
| 1 | | Urban Consumers as issued by the United States Department of | 2 | | Labor and rounded to the nearest $100. The State Board shall | 3 | | publish this information on its official website. | 4 | | (h) Self-funding candidates. If a public official, a | 5 | | candidate, or the public official's or candidate's immediate | 6 | | family contributes or loans to the public official's or | 7 | | candidate's political committee or to other political | 8 | | committees that transfer funds to the public official's or | 9 | | candidate's political committee or makes independent | 10 | | expenditures for the benefit of the public official's or | 11 | | candidate's campaign during the 12 months prior to an election | 12 | | in an aggregate amount of more than (i) $250,000 for statewide | 13 | | office or (ii) $100,000 for all other elective offices, then | 14 | | the public official or candidate shall file with the State | 15 | | Board of Elections, within one day, a Notification of | 16 | | Self-funding that shall detail each contribution or loan made | 17 | | by the public official, the candidate, or the public | 18 | | official's or candidate's immediate family. Within 2 business | 19 | | days after the filing of a Notification of Self-funding, the | 20 | | notification shall be posted on the Board's website and the | 21 | | Board shall give official notice of the filing to each | 22 | | candidate for the same office as the public official or | 23 | | candidate making the filing, including the public official or | 24 | | candidate filing the Notification of Self-funding. Notice | 25 | | shall be sent via first class mail to the candidate and the | 26 | | treasurer of the candidate's committee. Notice shall also be |
| | | SB2570 | - 20 - | LRB102 16507 SMS 21900 b |
|
| 1 | | sent by e-mail to the candidate and the treasurer of the | 2 | | candidate's committee if the candidate and the treasurer, as | 3 | | applicable, have provided the Board with an e-mail address. | 4 | | Upon posting of the notice on the Board's website, all | 5 | | candidates for that office, including the public official or | 6 | | candidate who filed a Notification of Self-funding, shall be | 7 | | permitted to accept contributions in excess of any | 8 | | contribution limits imposed by subsection (b). If a public | 9 | | official or candidate filed a Notification of Self-funding | 10 | | during an election cycle that includes a general primary | 11 | | election or consolidated primary election and that public | 12 | | official or candidate is nominated, all candidates for that | 13 | | office, including the nominee who filed the notification of | 14 | | 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 |
| | | SB2570 | - 21 - | LRB102 16507 SMS 21900 b |
|
| 1 | | Elections shall, within 2 business days after the filing of | 2 | | the disclosure, post the disclosure on the Board's website and | 3 | | give official notice of the disclosure to each candidate for | 4 | | the 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 | 9 | | official or candidate for whose benefit or detriment the | 10 | | natural person or independent expenditure committee made | 11 | | independent expenditures, shall be permitted to accept | 12 | | contributions in excess of any contribution limits imposed by | 13 | | subsection (b). | 14 | | (h-10) If the State Board of Elections receives | 15 | | notification or determines that a natural person or persons, | 16 | | an independent expenditure committee or committees, or | 17 | | combination thereof has made independent expenditures in | 18 | | support of or in opposition to the campaign of a particular | 19 | | public official or candidate in an aggregate amount of more | 20 | | than (i) $250,000 for statewide office or (ii) $100,000 for | 21 | | all other elective offices in an election cycle, then the | 22 | | Board shall, within 2 business days after discovering the | 23 | | independent expenditures that, in the aggregate, exceed the | 24 | | threshold set forth in (i) and (ii) of this subsection, post | 25 | | notice of this fact on the Board's website and give official | 26 | | notice to each candidate for the same office as the public |
| | | SB2570 | - 22 - | LRB102 16507 SMS 21900 b |
|
| 1 | | official or candidate for whose benefit or detriment the | 2 | | independent expenditures were made. Notice shall be sent via | 3 | | first class mail to the candidate and the treasurer of the | 4 | | candidate's committee. Notice shall also be sent by e-mail to | 5 | | the candidate and the treasurer of the candidate's committee | 6 | | if the candidate and the treasurer, as applicable, have | 7 | | provided the Board with an e-mail address. Upon posting of the | 8 | | notice on the Board's website, all candidates of that office | 9 | | in that election, including the public official or candidate | 10 | | for whose benefit or detriment the independent expenditures | 11 | | were made, may accept contributions in excess of any | 12 | | contribution limits imposed by subsection (b). | 13 | | (i) For the purposes of this Section, a corporation, labor | 14 | | organization, association, or a political action committee | 15 | | established by a corporation, labor organization, or | 16 | | association may act as a conduit in facilitating the delivery | 17 | | to a political action committee of contributions made through | 18 | | dues, levies, or similar assessments and the political action | 19 | | committee may report the contributions in the aggregate, | 20 | | provided that: (i) contributions made through dues, levies, or | 21 | | similar assessments paid by any natural person, corporation, | 22 | | labor organization, or association in a calendar year may not | 23 | | exceed the limits set forth in this Section; (ii) the | 24 | | corporation, labor organization, association, or a political | 25 | | action committee established by a corporation, labor | 26 | | organization, or association facilitating the delivery of |
| | | SB2570 | - 23 - | LRB102 16507 SMS 21900 b |
|
| 1 | | contributions maintains a list of natural persons, | 2 | | corporations, labor organizations, and associations that paid | 3 | | the dues, levies, or similar assessments from which the | 4 | | contributions comprising the aggregate amount derive; and | 5 | | (iii) contributions made through dues, levies, or similar | 6 | | assessments paid by any natural person, corporation, labor | 7 | | organization, or association that exceed $500 in a quarterly | 8 | | reporting period shall be itemized on the committee's | 9 | | quarterly report and may not be reported in the aggregate. A | 10 | | political action committee facilitating the delivery of | 11 | | contributions or receiving contributions shall disclose the | 12 | | amount of contributions made through dues delivered or | 13 | | received and the name of the corporation, labor organization, | 14 | | association, or political action committee delivering the | 15 | | contributions, if applicable. On January 1 of each | 16 | | odd-numbered year, the State Board of Elections shall adjust | 17 | | the amounts of the contribution limitations established in | 18 | | this subsection for inflation as determined by the Consumer | 19 | | Price Index for All Urban Consumers as issued by the United | 20 | | States Department of Labor and rounded to the nearest $100. | 21 | | The State Board shall publish this information on its official | 22 | | website. | 23 | | (j) A political committee that receives a contribution or | 24 | | transfer in violation of this Section shall dispose of the | 25 | | contribution or transfer by returning the contribution or | 26 | | transfer, or an amount equal to the contribution or transfer, |
| | | SB2570 | - 24 - | LRB102 16507 SMS 21900 b |
|
| 1 | | to the contributor or transferor or donating the contribution | 2 | | or transfer, or an amount equal to the contribution or | 3 | | transfer, to a charity. A contribution or transfer received in | 4 | | violation of this Section that is not disposed of as provided | 5 | | in this subsection within 30 days after the Board sends | 6 | | notification to the political committee of the excess | 7 | | contribution by certified mail shall escheat to the General | 8 | | Revenue Fund and the political committee shall be deemed in | 9 | | violation of this Section and subject to a civil penalty not to | 10 | | exceed 150% of the total amount of the contribution. | 11 | | (k) For the purposes of this Section, "statewide office" | 12 | | means the Governor, Lieutenant Governor, Attorney General, | 13 | | Secretary of State, Comptroller, and Treasurer. | 14 | | (l) This Section is repealed if and when the United States | 15 | | Supreme Court invalidates contribution limits on committees | 16 | | formed to assist candidates, political parties, corporations, | 17 | | associations, or labor organizations established by or | 18 | | pursuant to federal law.
| 19 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) | 20 | | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 21 | | Sec. 9-10. Disclosure of contributions and expenditures.
| 22 | | (a) The treasurer of every political committee shall file | 23 | | with the
Board reports of campaign contributions and | 24 | | expenditures as required by this Section on forms to be
| 25 | | prescribed or approved by the Board.
|
| | | SB2570 | - 25 - | LRB102 16507 SMS 21900 b |
|
| 1 | | (b) Every political committee shall file quarterly reports | 2 | | of campaign contributions, expenditures, and independent | 3 | | expenditures. The reports shall cover the period January 1 | 4 | | through March 31, April 1 through June 30, July 1 through | 5 | | September 30, and October 1 through December 31 of each year. A | 6 | | political committee shall file quarterly reports no later than | 7 | | the 15th day of the month following each period. Reports of | 8 | | contributions and expenditures must be filed to cover the | 9 | | prescribed time periods even though no contributions or | 10 | | expenditures may have been received or made during the period. | 11 | | The Board shall assess a civil penalty not to exceed $5,000 for | 12 | | failure to file a report required by this subsection. The | 13 | | fine, however, shall not exceed $1,000 for a first violation | 14 | | if the committee files less than 10 days after the deadline. | 15 | | There shall be no fine if the report is mailed and postmarked | 16 | | at least 72 hours prior to the filing deadline. When | 17 | | considering the amount of the fine to be imposed, the Board | 18 | | shall consider whether the violation was committed | 19 | | inadvertently, negligently, knowingly, or intentionally and | 20 | | any past violations of this Section. | 21 | | (c) A political committee shall file a report of any | 22 | | contribution of $1,000 or more electronically with the Board | 23 | | within 5 business days after receipt of the contribution, | 24 | | except that the report shall be filed within 2 business days | 25 | | after receipt if (i) the contribution is received 30 or fewer | 26 | | days before the date of an election and (ii) the political |
| | | SB2570 | - 26 - | LRB102 16507 SMS 21900 b |
|
| 1 | | committee supports or opposes a candidate or public question | 2 | | on the ballot at that election or makes expenditures in excess | 3 | | of $500 on behalf of or in opposition to a candidate, | 4 | | candidates, a public question, or public questions on the | 5 | | ballot at that election.
The State Board shall allow filings | 6 | | of reports of contributions of $1,000 or more by political | 7 | | committees that are not required to file electronically to be | 8 | | made by facsimile transmission. The Board shall assess a civil | 9 | | penalty for failure to file a report required by this | 10 | | subsection. Failure to report each contribution is a separate | 11 | | violation of this subsection. The Board shall impose fines for | 12 | | willful or wanton violations of this subsection (c) not to | 13 | | exceed 150% of the total amount of the contributions that were | 14 | | untimely reported, but in no case shall it be less than 10% of | 15 | | the total amount of the contributions that were untimely | 16 | | reported. When considering the amount of the fine to be | 17 | | imposed for willful or wanton violations, the Board shall | 18 | | consider the number of days the contribution was reported late | 19 | | and past violations of this Section and Section 9-3. The Board | 20 | | may impose a fine for negligent or inadvertent violations of | 21 | | this subsection not to exceed 50% of the total amount of the | 22 | | contributions that were untimely reported, or the Board may | 23 | | waive the fine. When considering whether to impose a fine and | 24 | | the amount of the fine, the Board shall consider the following | 25 | | factors: (1) whether the political committee made an attempt | 26 | | to disclose the contribution and any attempts made to correct |
| | | SB2570 | - 27 - | LRB102 16507 SMS 21900 b |
|
| 1 | | the violation, (2) whether the violation is attributed to a | 2 | | clerical or computer error, (3) the amount of the | 3 | | contribution, (4) whether the violation arose from a | 4 | | discrepancy between the date the contribution was reported | 5 | | transferred by a political committee and the date the | 6 | | contribution was received by a political committee, (5) the | 7 | | number of days the contribution was reported late, and (6) | 8 | | past violations of this Section and Section 9-3 by the | 9 | | political committee. | 10 | | (c-5) Any candidate that accepts contributions or makes | 11 | | expenditures during any 12-month period in an aggregate amount | 12 | | exceeding $5,000 on behalf of the candidate's campaign shall | 13 | | form a candidate political committee or a multi-candidate | 14 | | political committee and file the appropriate reports as | 15 | | detailed in this section. | 16 | | (d) For the purpose of this Section, a contribution is | 17 | | considered received on the date (i) a monetary contribution | 18 | | was deposited in a bank, financial institution, or other | 19 | | repository of funds for the committee, (ii) the date a | 20 | | committee receives notice a monetary contribution was | 21 | | deposited by an entity used to process financial transactions | 22 | | by credit card or other entity used for processing a monetary | 23 | | contribution that was deposited in a bank, financial | 24 | | institution, or other repository of funds for the committee, | 25 | | or (iii) the public official, candidate, or political | 26 | | committee receives the notification of contribution of goods |
| | | SB2570 | - 28 - | LRB102 16507 SMS 21900 b |
|
| 1 | | or services as required under subsection (b) of Section 9-6. | 2 | | (e) A political committee that makes independent | 3 | | expenditures of $1,000 or more shall file a report | 4 | | electronically with the Board within 5 business days after | 5 | | making the independent expenditure, except that the report | 6 | | shall be filed within 2 business days after making the | 7 | | independent expenditure during the 60-day period before an | 8 | | election.
| 9 | | (e-5) An independent expenditure committee that makes an | 10 | | independent expenditure supporting or opposing a public | 11 | | official or candidate that, alone or in combination with any | 12 | | other independent expenditure made by that independent | 13 | | expenditure committee supporting or opposing that public | 14 | | official or candidate during the election cycle, equals an | 15 | | aggregate value of more than (i) $250,000 for statewide office | 16 | | or (ii) $100,000 for all other elective offices must file a | 17 | | written disclosure with the State Board of Elections within 2 | 18 | | business days after making any expenditure that results in the | 19 | | independent expenditure committee exceeding the applicable | 20 | | threshold. The Board shall assess a civil penalty against an | 21 | | independent expenditure committee for failure to file the | 22 | | disclosure required by this subsection not to exceed (i) $500 | 23 | | for an initial failure to file the required disclosure and | 24 | | (ii) $1,000 for each subsequent failure to file the required | 25 | | disclosure.
| 26 | | (f) A copy of each report or statement filed under this |
| | | SB2570 | - 29 - | LRB102 16507 SMS 21900 b |
|
| 1 | | Article
shall be
preserved by the person filing it for a period | 2 | | of two years from the
date of filing.
| 3 | | (g) An expenditure on behalf of a candidate made by any | 4 | | political committee in connection, consultation, or concert | 5 | | with or at the request or suggestion of the candidate, the | 6 | | candidate's campaign, or the agent or agents of the candidate | 7 | | or campaign shall be considered a contribution to that | 8 | | candidate and is subject to limitations on contributions and | 9 | | reporting requirements in accordance with this Act. This | 10 | | subsection shall not apply to expenditures made by a candidate | 11 | | political committee on behalf of the candidate named in the | 12 | | committee's statement of organization. | 13 | | (h) The reports made by a multi-candidate political | 14 | | committee of campaign expenses shall include the monetary | 15 | | value of the expense to each of the candidates listed on the | 16 | | statement of organization of organization for the | 17 | | multi-candidate political committee. | 18 | | (i) The reports made by a multi-candidate political | 19 | | committee of campaign contributions received by the committee | 20 | | shall, in the case of any contribution other than a transfer of | 21 | | funds, report the monetary value of the contribution to each | 22 | | of the candidates listed on the statement of organization of | 23 | | organization for the multi-candidate political committee. | 24 | | (j) A political committee that makes any expenditure other | 25 | | than a transfer of funds in support of a multi-candidate | 26 | | political committee shall report the monetary value of the |
| | | SB2570 | - 30 - | LRB102 16507 SMS 21900 b |
|
| 1 | | expense to each of the candidates listed on the statement of | 2 | | organization for the multi-candidate political committee. | 3 | | (Source: P.A. 99-437, eff. 1-1-16 .)
|
|