Full Text of SB3064 94th General Assembly
SB3064 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB3064
Introduced 1/20/2006, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/Art. 9A heading new |
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10 ILCS 5/9A-5 new |
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10 ILCS 5/9A-15 new |
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10 ILCS 5/9A-17 new |
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10 ILCS 5/9A-20 new |
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10 ILCS 5/9A-25 new |
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10 ILCS 5/9A-30 new |
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Amends the Election Code. Establishes limits on campaign contributions and expenditures.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB3064 |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by adding Article | 5 |
| heading 9A and Sections 9A-5, 9A-15, 9A-17, 9A-20, 9A-25, and | 6 |
| 9A-30 as follows: | 7 |
| (10 ILCS 5/Art. 9A heading new) | 8 |
| ARTICLE 9A. | 9 |
| CAMPAIGN CONTRIBUTION PROHIBITIONS AND LIMITS | 10 |
| (10 ILCS 5/9A-5 new) | 11 |
| Sec. 9A-5. Definitions. As used in this Article: | 12 |
| (1) "Election" means: | 13 |
| (A) "Election", "regular election", "special | 14 |
| election", and "general election" as those terms are | 15 |
| defined in Section 1-3, but only as applied to | 16 |
| elections for executive branch constitutional officers | 17 |
| and members of the General Assembly. | 18 |
| (B) A convention or caucus of a political party | 19 |
| that has authority to nominate a candidate. | 20 |
| (2) "Candidate" means any person who seeks nomination | 21 |
| for election, election to, or retention in public office as | 22 |
| an executive branch constitutional officer or as a member | 23 |
| of the General Assembly, whether or not the person is | 24 |
| elected. A person seeks nomination for election, election, | 25 |
| or retention if he or she (i) takes the action necessary | 26 |
| under the laws of this State to attempt to qualify for | 27 |
| nomination for election to, election to, or retention in | 28 |
| public office as an executive branch constitutional | 29 |
| officer or as a member of the General Assembly or (ii) | 30 |
| receives contributions or makes expenditures, or gives | 31 |
| consent for any other person to receive contributions or |
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| make expenditures with a view to bringing about his or her | 2 |
| nomination for election to, election to, or retention in | 3 |
| public office as an executive branch constitutional | 4 |
| officer or as a member of the General Assembly. | 5 |
| (3) "Political committee" means any of the following: | 6 |
| (A) Any committee, club, association, or other | 7 |
| group of persons that receives contributions | 8 |
| aggregating in excess of $1,000 during a calendar year | 9 |
| or that makes expenditures aggregating in excess of | 10 |
| $1,000 during a calendar year. | 11 |
| (B) Any separate segregated fund established under | 12 |
| the provisions of this Article by a labor union or | 13 |
| corporation. | 14 |
| (C) Any local committee of a political party that | 15 |
| receives contributions aggregating in excess of $5,000 | 16 |
| during a calendar year, makes payments exempted from | 17 |
| the definition of contribution or expenditure | 18 |
| aggregating in excess of $5,000 during a calendar year, | 19 |
| makes contributions aggregating in excess of $1,000 | 20 |
| during a calendar year, or makes expenditures | 21 |
| aggregating in excess of $1,000 during a calendar year. | 22 |
| (4) "Principal campaign committee" means a political | 23 |
| committee designated and authorized by a candidate under | 24 |
| Section 9A-15. | 25 |
| (5) "Authorized committee" means the principal | 26 |
| campaign committee or any other political committee | 27 |
| authorized by a candidate under Section 9A-15 to receive | 28 |
| contributions or make expenditures on behalf of the | 29 |
| candidate. | 30 |
| (6) "Connected organization" means any organization | 31 |
| that is not a political committee but that directly or | 32 |
| indirectly establishes, administers, or financially | 33 |
| supports a political committee. | 34 |
| (7) Contribution. | 35 |
| (A) "Contribution" includes: | 36 |
| (i) Any gift, subscription, loan, advance, or |
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| deposit of money or anything of value made by any | 2 |
| person for the purpose of influencing any election | 3 |
| for executive branch constitutional office. | 4 |
| (ii) The payment by any person of compensation | 5 |
| for the personal services of another person that | 6 |
| are rendered to a political committee without | 7 |
| charge for any purpose. | 8 |
| (iii) A transfer of funds between political | 9 |
| committees for any purpose. | 10 |
| (B) "Contribution" does not include: | 11 |
| (i) The value of services provided without | 12 |
| compensation by any individual who volunteers on | 13 |
| behalf of a candidate or political committee. | 14 |
| (ii) The use of real or personal property, | 15 |
| including a church or community room used on a | 16 |
| regular basis by members of a community for | 17 |
| noncommercial purposes, and the cost of | 18 |
| invitations, food, and beverages, voluntarily | 19 |
| provided by an individual to any candidate or any | 20 |
| political committee of a political party in | 21 |
| rendering voluntary personal services on the | 22 |
| individual's residential premises or in the church | 23 |
| or community room for candidate-related or | 24 |
| political party-related activities, to the extent | 25 |
| that the cumulative value of the invitations, | 26 |
| food, and beverages provided by the individual on | 27 |
| behalf of any single candidate does not exceed | 28 |
| $2,000 with respect to any single election, and on | 29 |
| behalf of all political committees of a political | 30 |
| party does not exceed $5,000 in any calendar year. | 31 |
| (iii) The sale of any food or beverage by a | 32 |
| vendor for use in any candidate's campaign or for | 33 |
| use by or on behalf of any political committee of a | 34 |
| political party at a charge less than the normal | 35 |
| comparable charge, if the charge is at least equal | 36 |
| to the cost of the food or beverage to the vendor, |
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| to the extent that the cumulative value of the | 2 |
| activity by the vendor on behalf of any single | 3 |
| candidate does not exceed $2,000 with respect to | 4 |
| any single election, and on behalf of all political | 5 |
| committees of a political party does not exceed | 6 |
| $5,000 in any calendar year. | 7 |
| (iv) Any unreimbursed payment for travel | 8 |
| expenses made by any individual volunteering | 9 |
| personal services on behalf of any candidate or any | 10 |
| political committee of a political party. | 11 |
| (8) Expenditure. | 12 |
| (A) "Expenditure" includes: | 13 |
| (i) Any purchase, payment, distribution, loan, | 14 |
| advance, deposit, or gift of money or anything of | 15 |
| value made by any person for the purpose of | 16 |
| influencing any election of a State executive | 17 |
| branch constitutional officer or member of the | 18 |
| General Assembly. | 19 |
| (ii) A written contract, promise, or agreement | 20 |
| to make an expenditure. | 21 |
| (B) "Expenditure" does not include: | 22 |
| (i) Any news story, commentary, or editorial | 23 |
| distributed through the facilities of any | 24 |
| broadcasting station, newspaper, magazine, or | 25 |
| other periodical publication, unless the | 26 |
| facilities are owned or controlled by any | 27 |
| political party, political committee, or | 28 |
| candidate. | 29 |
| (ii) Nonpartisan activity designed to | 30 |
| encourage individuals to vote or to register to | 31 |
| vote. | 32 |
| (iii) The use of real or personal property and | 33 |
| the cost of invitations,
food,
and beverages, | 34 |
| voluntarily provided by an individual in rendering | 35 |
| voluntary
personal services on the individual's
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| residential premises for candidate-related |
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| activities; provided the value
of the service | 2 |
| provided does not exceed an aggregate of $150 in a | 3 |
| reporting
period.
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| (iv) The sale of any food or beverage by a | 5 |
| vendor for use in a candidate's
campaign at a | 6 |
| charge less than the normal comparable charge, if | 7 |
| the charge
for use in a candidate's
campaign is at | 8 |
| least equal to the cost of the food or beverage to | 9 |
| the vendor.
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| (9) "Board" means the Illinois State Board of | 11 |
| Elections. | 12 |
| (10) "Person" includes an individual, trust, | 13 |
| partnership, committee, association, corporation, labor | 14 |
| organization, or any other organization or group of | 15 |
| persons. | 16 |
| (11) "Identification" means: | 17 |
| (A) In the case of any individual, the name, the | 18 |
| mailing address, and the occupation of the individual, | 19 |
| as well as the name of his or her employer. | 20 |
| (B) In the case of any other person, the full name | 21 |
| and address of the person. | 22 |
| (12) "State committee" means the organization that, by | 23 |
| virtue of the bylaws of a political party, is responsible | 24 |
| for the day-to-day operation of the political party at the | 25 |
| State level, as determined by the Board. | 26 |
| (13) "Political party" means an association, | 27 |
| committee, or organization that nominates a candidate for | 28 |
| election to any public office whose name appears on the | 29 |
| election ballot as the candidate of that association, | 30 |
| committee, or organization. | 31 |
| (14) "Independent expenditure" means an expenditure by | 32 |
| a person: | 33 |
| (A) Expressly advocating the election or defeat of | 34 |
| a clearly identified candidate; and | 35 |
| (B) That is not made in concert or cooperation with | 36 |
| or at the request or suggestion of the candidate, the |
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| candidate's authorized political committee, agents, a | 2 |
| political party committee, or agents thereof. | 3 |
| (15) "Clearly identified" means that: | 4 |
| (A) The name of the candidate involved appears; | 5 |
| (B) A photograph or drawing of the candidate | 6 |
| appears; or | 7 |
| (C) The identity of the candidate is apparent by | 8 |
| unambiguous reference. | 9 |
| (16) "Election cycle" means the period beginning on the | 10 |
| day after the date of the most recent election for the | 11 |
| specific office or seat that a candidate is seeking and | 12 |
| ending on the date of the next election for that office or | 13 |
| seat. For purposes of this paragraph, a general primary | 14 |
| election and a general election shall be considered to be | 15 |
| separate elections. | 16 |
| (17) "Personal funds" means an amount that is derived | 17 |
| from: | 18 |
| (A) Any asset that, under applicable State law, at | 19 |
| the time the individual became a candidate, the | 20 |
| candidate had legal right of access to or control over, | 21 |
| and with respect to which the candidate had: | 22 |
| (i) Legal and rightful title; or | 23 |
| (ii) An equitable interest. | 24 |
| (B) Income received during the current election | 25 |
| cycle by the candidate, including: | 26 |
| (i) A salary and other earned income from bona | 27 |
| fide employment. | 28 |
| (ii) Dividends and proceeds from the sale of | 29 |
| the candidate's stocks or other investments. | 30 |
| (iii) Bequests to the candidate. | 31 |
| (iv) Income from trusts established before the | 32 |
| beginning of the election cycle. | 33 |
| (v) Income from trusts established by bequest | 34 |
| after the beginning of the election cycle of which | 35 |
| the candidate is the beneficiary. | 36 |
| (vi) Gifts of a personal nature that had been |
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| customarily received by the candidate prior to the | 2 |
| beginning of the election cycle. | 3 |
| (vii) Proceeds from lotteries and similar | 4 |
| legal games of chance. | 5 |
| (C) A portion of assets that are jointly owned by | 6 |
| the candidate and the candidate's spouse equal to the | 7 |
| candidate's share of the asset under the instrument of | 8 |
| conveyance or ownership, but if no specific share is | 9 |
| indicated by an instrument of conveyance or ownership, | 10 |
| the value of one-half of the property.
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| (10 ILCS 5/9A-15 new) | 12 |
| Sec. 9A-15. Limitations on contributions and expenditures. | 13 |
| (a) Limits. | 14 |
| (1) No political committee, multicandidate committee, | 15 |
| or PAC may engage in a joint fundraiser.
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| (1.5) Except as provided in subsection (c), no person | 17 |
| other than a multicandidate political committee shall make | 18 |
| contributions: | 19 |
| (A) To any candidate and his or her authorized | 20 |
| political committees with respect to any election for | 21 |
| State office that, in the aggregate, exceed $2,000. | 22 |
| (B) To the political committees established and | 23 |
| maintained by a State political party, that are not the | 24 |
| authorized political committees of any candidate, in | 25 |
| any election that, in the aggregate, exceed $5,000. | 26 |
| (C) To any other political committee in any | 27 |
| election that, in the aggregate, exceed $5,000. | 28 |
| (2) No multicandidate political committee shall make | 29 |
| contributions: | 30 |
| (A) To any candidate and his or her authorized | 31 |
| political committees with respect to any election for | 32 |
| State office that, in the aggregate, exceed $5,000. | 33 |
| (B) To the political committees established and | 34 |
| maintained by a State political party, that are not the | 35 |
| authorized political committees of any candidate, in |
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| any election, that, in the aggregate, exceed $5,000. | 2 |
| (C) To any other political committee in any | 3 |
| election that, in the aggregate, exceed $5,000. | 4 |
| (3) During the period that begins on January 1 of an | 5 |
| odd-numbered year and ends on December 31 of the next | 6 |
| even-numbered year, no individual may make contributions | 7 |
| aggregating more than $40,000, in the case of contributions | 8 |
| to candidates and the authorized committees of candidates. | 9 |
| (4) For purposes of paragraph (2), the term | 10 |
| "multicandidate political committee" means a political | 11 |
| committee that has been registered for a period of not less | 12 |
| than 6 months, that has received contributions from more | 13 |
| than 50 persons, and that has made contributions to 5 or | 14 |
| more candidates for public office. The State political | 15 |
| parties shall be considered "multicandidate political | 16 |
| committees" for the purposes of paragraph (2). | 17 |
| (5) For purposes of the limitations provided by | 18 |
| paragraph (1) and paragraph (2), all contributions made by | 19 |
| political committees established, financed, maintained, or | 20 |
| controlled by any corporation, labor organization, or any | 21 |
| other person, including any parent, subsidiary, branch, | 22 |
| division, department, or local unit of the corporation, | 23 |
| labor organization, or any other person, or by any group of | 24 |
| such persons, shall be considered to have been made by a | 25 |
| single political committee. | 26 |
| In any case in which a corporation and any of its | 27 |
| subsidiaries, branches, divisions, departments, or local | 28 |
| units, or a labor organization and any of its subsidiaries, | 29 |
| branches, divisions, departments, or local units | 30 |
| establish, finance, maintain, or control more than one | 31 |
| separate segregated fund, all the separate segregated | 32 |
| funds shall be treated as a single separate segregated fund | 33 |
| for purposes of the limitations provided by paragraph (1) | 34 |
| and paragraph (2). | 35 |
| (6) For the purposes of the limitations provided by | 36 |
| paragraph (1) and paragraph (2), a candidate's authorized |
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| political committee and any committee directly or | 2 |
| indirectly established, financed, maintained, or | 3 |
| controlled by that candidate shall be considered to be a | 4 |
| single political committee. | 5 |
| (7) The limitations on contributions to a candidate | 6 |
| imposed by paragraphs (1) and (2) of this subsection shall | 7 |
| apply separately with respect to each election. | 8 |
| (8) For purposes of this subsection: | 9 |
| (A) Contributions to a named candidate made to any | 10 |
| political committee authorized by the candidate to | 11 |
| accept contributions on his or her behalf shall be | 12 |
| considered to be contributions made to the candidate. | 13 |
| (B) Expenditures. | 14 |
| (i) Expenditures made by any person in | 15 |
| cooperation, consultation, or concert with, or at | 16 |
| the request or suggestion of, a candidate, his or | 17 |
| her authorized political committees, or their | 18 |
| agents, shall be considered to be a contribution to | 19 |
| the candidate. | 20 |
| (ii) Expenditures made by any person (other | 21 |
| than a candidate or candidate's authorized | 22 |
| committee) in cooperation, consultation, or | 23 |
| concert with, or at the request or suggestion of, a | 24 |
| national, State, or local committee of a political | 25 |
| party, shall be considered to be contributions | 26 |
| made to the party committee. | 27 |
| (iii) The financing by any person of the | 28 |
| dissemination, distribution, or republication, in | 29 |
| whole or in part, of any broadcast or any written, | 30 |
| graphic, or other form of campaign materials | 31 |
| prepared by the candidate, his or her campaign | 32 |
| committees, or their authorized agents shall be | 33 |
| considered to be an expenditure for purposes of | 34 |
| this paragraph. | 35 |
| (C) If any person makes or contracts to make any | 36 |
| disbursement for any electioneering communication and |
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| if the disbursement is coordinated with a candidate or | 2 |
| an authorized committee of the candidate, a Federal, | 3 |
| State, or local political party or committee thereof, | 4 |
| or an agent or official of the candidate, party, or | 5 |
| committee, then the disbursement or contracting shall | 6 |
| be treated as a contribution to the candidate supported | 7 |
| by the electioneering communication or that | 8 |
| candidate's party and as an expenditure by that | 9 |
| candidate or that candidate's party. | 10 |
| (9) For purposes of the limitations imposed by this | 11 |
| Section, all contributions made by a person, either | 12 |
| directly or indirectly, on behalf of a particular | 13 |
| candidate, including contributions that are in any way | 14 |
| earmarked or otherwise directed through an intermediary or | 15 |
| conduit to the candidate, shall be treated as contributions | 16 |
| from the person to the candidate. The intermediary or | 17 |
| conduit shall report the original source and the intended | 18 |
| recipient of the contribution to the Board and to the | 19 |
| intended recipient. | 20 |
| (b) No candidate or political committee shall knowingly | 21 |
| accept any contribution or make any expenditure in violation of | 22 |
| the provisions of this Section. No officer or employee of a | 23 |
| political committee shall knowingly accept a contribution made | 24 |
| for the benefit or use of a candidate or knowingly make any | 25 |
| expenditure on behalf of a candidate in violation of any | 26 |
| limitation imposed on contributions and expenditures under | 27 |
| this Section. | 28 |
| (c) Personal funds. | 29 |
| (1) Increase. | 30 |
| (A) Subject to paragraph (2), if the opposition | 31 |
| personal funds amount with respect to a candidate for | 32 |
| election to executive branch constitutional office or | 33 |
| the General Assembly exceeds the threshold amount, the | 34 |
| limit under subsection (a)(1)(A) (in this subsection | 35 |
| referred to as the "applicable limit") with respect to | 36 |
| that candidate shall be the increased limit. |
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| (B) Threshold amount. | 2 |
| (i) In this subsection, the threshold amount | 3 |
| with respect to an election cycle of a candidate | 4 |
| described in subparagraph (A) is an amount equal to | 5 |
| the sum of: | 6 |
| (I) $150,000; and | 7 |
| (II) $0.04 multiplied by the voting age | 8 |
| population. | 9 |
| (ii) In this subparagraph, the term "voting | 10 |
| age population" means that certified under 2 USCS | 11 |
| 441a Section (e) for the State of Illinois and | 12 |
| published in the Federal Register. | 13 |
| (C) Except as provided in clause (ii), for purposes | 14 |
| of subparagraph (A), if the opposition personal funds | 15 |
| amount is over: | 16 |
| (i) 2 times the threshold amount, but not over | 17 |
| 4 times that amount, then the increased limit shall | 18 |
| be 3 times the applicable limit. | 19 |
| (ii) 4 times the threshold amount, but not over | 20 |
| 10 times that amount, then the increased limit | 21 |
| shall be 6 times the applicable limit. | 22 |
| (iii) 10 times the threshold amount, then the | 23 |
| increased limit shall be 6 times the applicable | 24 |
| limit. | 25 |
| (D) The opposition personal funds amount is an | 26 |
| amount equal to the excess (if any) of: | 27 |
| (i) The greatest aggregate amount of | 28 |
| expenditures from personal funds that an opposing | 29 |
| candidate in the same election makes; over | 30 |
| (ii) The aggregate amount of expenditures from | 31 |
| personal funds made by the candidate with respect | 32 |
| to the election. | 33 |
| (E) Candidate's campaign funds. | 34 |
| (i) For purposes of determining the aggregate | 35 |
| amount of expenditures from personal funds under | 36 |
| subparagraph (D)(ii), the amount shall include the |
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| gross receipts advantage of the candidate's | 2 |
| authorized committee. | 3 |
| (ii) For purposes of clause (i), the term | 4 |
| "gross receipts advantage" means the excess, if | 5 |
| any, of: | 6 |
| (I) The aggregate amount of 50% of gross | 7 |
| receipts of a candidate's authorized committee | 8 |
| during any election cycle (not including | 9 |
| contributions from personal funds of the | 10 |
| candidate) that may be expended in connection | 11 |
| with the election, as determined on June 30 and | 12 |
| December 31 of the year preceding the year in | 13 |
| which a general election is held, over | 14 |
| (II) The aggregate amount of 50% of gross | 15 |
| receipts of the opposing candidate's | 16 |
| authorized committee during any election cycle | 17 |
| (not including contributions from personal | 18 |
| funds of the candidate) that may be expended in | 19 |
| connection with the election, as determined on | 20 |
| June 30 and December 31 of the year preceding | 21 |
| the year in which a general election is held. | 22 |
| (2) Time to accept contributions under increased | 23 |
| limit. | 24 |
| (A) Subject to subparagraph (B), a candidate and | 25 |
| the candidate's authorized committee shall not accept | 26 |
| any contribution, and a party committee shall not make | 27 |
| any expenditure, under the increased limit under | 28 |
| paragraph (1): | 29 |
| (i) Until the candidate has received | 30 |
| notification of the opposition personal funds | 31 |
| amount; and | 32 |
| (ii) To the extent that the contribution, when | 33 |
| added to the aggregate amount of contributions | 34 |
| previously accepted and party expenditures | 35 |
| previously made under the increased limits under | 36 |
| this subsection for the election cycle, exceeds |
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| 110% of the opposition personal funds amount. | 2 |
| (B) A candidate and a candidate's authorized | 3 |
| committee shall not accept any contribution and a party | 4 |
| shall not make any expenditure under the increased | 5 |
| limit after the date on which an opposing candidate | 6 |
| ceases to be a candidate to the extent that the amount | 7 |
| of the increased limit is attributable to such an | 8 |
| opposing candidate. | 9 |
| (3) Disposal of excess contributions. | 10 |
| (A) The aggregate amount of contributions accepted | 11 |
| by a candidate or a candidate's authorized committee | 12 |
| under the increased limit under paragraph (1) and not | 13 |
| otherwise expended in connection with the election | 14 |
| with respect to which the contributions relate shall, | 15 |
| not later than 50 days after the date of the election, | 16 |
| be used in the manner described in subparagraph (B). | 17 |
| (B) A candidate or a candidate's authorized | 18 |
| committee shall return the excess contribution to the | 19 |
| person who made the contribution. | 20 |
| (d) Any candidate who incurs personal loans made after the | 21 |
| effective date of this amendatory Act of the 94th General | 22 |
| Assembly in connection with the candidate's campaign for | 23 |
| election shall not repay (directly or indirectly), to the | 24 |
| extent the loans exceed $250,000, the loans from any | 25 |
| contributions made to the candidate or any authorized committee | 26 |
| of the candidate after the date of the election.
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| (e) Each July 1, the dollar amounts
established in this | 28 |
| Section
shall be adjusted for inflation as determined by the | 29 |
| Consumer
Price Index for All Urban Consumers as determined by | 30 |
| the United States
Department of Labor and rounded to the | 31 |
| nearest $100, except that each adjustment may not exceed 5% of | 32 |
| the dollar amount adjusted.
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| (10 ILCS 5/9A-17 new)
| 34 |
| Sec. 9A-17. Transfer prohibition. Notwithstanding any | 35 |
| other law to the contrary, no candidate or political committee |
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| shall make any transfer of funds between that candidate or | 2 |
| political committee and any other candidate or political | 3 |
| committee whatsoever. | 4 |
| (10 ILCS 5/9A-20 new) | 5 |
| Sec. 9A-20. Contributions or expenditures by corporations | 6 |
| or labor organizations. | 7 |
| (a) It is unlawful for any corporation or labor | 8 |
| organization to make a contribution or expenditure in | 9 |
| connection with any election to any executive branch | 10 |
| constitutional office or to any seat in the General Assembly or | 11 |
| in connection with any primary election or political convention | 12 |
| or caucus held to select candidates for any executive branch | 13 |
| constitutional office or any seat in the General Assembly. It | 14 |
| is unlawful for any candidate, political committee, or other | 15 |
| person knowingly to accept or receive any contribution | 16 |
| prohibited by this Section. It is unlawful any officer or any | 17 |
| director of any corporation or any officer of any labor | 18 |
| organization to consent to any contribution or expenditure by | 19 |
| the corporation or labor organization, as the case may be, | 20 |
| prohibited by this Section. | 21 |
| (b) Definitions and additional prohibitions. | 22 |
| (1) For the purposes of this Section, the term "labor | 23 |
| organization" means any organization of any kind or any | 24 |
| agency or employee representation committee or plan in | 25 |
| which employees participate and that exists for the | 26 |
| purpose, in whole or in part, of dealing with employers | 27 |
| concerning grievances, labor disputes, wages, rates of | 28 |
| pay, hours of employment, or conditions of work. | 29 |
| (2) For purposes of this Section, the term | 30 |
| "contribution or expenditure" includes a contribution or | 31 |
| expenditure as those terms are defined in Section 9A-10 and | 32 |
| also includes any direct or indirect payment, | 33 |
| distribution, loan, advance, deposit, or gift of money, any | 34 |
| services, or anything of value (except a loan of money by a | 35 |
| national or State bank made in accordance with the |
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| applicable banking laws and regulations and in the ordinary | 2 |
| course of business) to any candidate, campaign committee, | 3 |
| or political party or organization in connection with any | 4 |
| election to any of the offices referred to in this Section | 5 |
| or for any applicable electioneering communication. The | 6 |
| term shall not include: | 7 |
| (A) Communications by a corporation to its | 8 |
| stockholders and executive or administrative personnel | 9 |
| and their families or by a labor organization to its | 10 |
| members and their families on any subject. | 11 |
| (B) Nonpartisan registration and get-out-the-vote | 12 |
| campaigns by a corporation aimed at its stockholders | 13 |
| and executive or administrative personnel and their | 14 |
| families or by a labor organization aimed at its | 15 |
| members and their families. | 16 |
| (C) The establishment, administration, and | 17 |
| solicitation of contributions to a separate segregated | 18 |
| fund to be utilized for political purposes by a | 19 |
| corporation, labor organization, membership | 20 |
| organization, cooperative, or corporation without | 21 |
| capital stock. | 22 |
| (3) It is unlawful: | 23 |
| (A) For a fund described in paragraph (2)(C) to | 24 |
| make a contribution or expenditure by utilizing money | 25 |
| or anything of value secured by physical force, job | 26 |
| discrimination, or financial reprisals; by the threat | 27 |
| of force, job discrimination, or financial reprisal; | 28 |
| by dues, fees, or other moneys required as a condition | 29 |
| of membership in a labor organization or as a condition | 30 |
| of employment; or by moneys obtained in any commercial | 31 |
| transaction. | 32 |
| (B) For any person soliciting an employee for a | 33 |
| contribution to a fund described in paragraph (2)(C) to | 34 |
| fail to inform the employee of the political purposes | 35 |
| of the fund at the time of solicitation. | 36 |
| (C) For any person soliciting an employee for a |
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| contribution to a fund described in paragraph (2)(C) to | 2 |
| fail to inform the employee, at the time of | 3 |
| solicitation, of his or her right to refuse to | 4 |
| contribute without any reprisal. | 5 |
| (4) Solicitations. | 6 |
| (A) Except as provided in subparagraphs (B), (C), | 7 |
| and (D), it is unlawful: | 8 |
| (i) For a corporation, or a separate | 9 |
| segregated fund established by a corporation, to | 10 |
| solicit contributions to the fund from any person | 11 |
| other than its stockholders and their families and | 12 |
| its executive or administrative personnel and | 13 |
| their families. | 14 |
| (ii) For a labor organization, or a separate | 15 |
| segregated fund established by a labor | 16 |
| organization, to solicit contributions to the fund | 17 |
| from any person other than its members and their | 18 |
| families. | 19 |
| (B) It is not unlawful under this Section for a | 20 |
| corporation, a labor organization, or a separate | 21 |
| segregated fund established by a corporation or labor | 22 |
| organization to make 2 written solicitations for | 23 |
| contributions during the calendar year from any | 24 |
| stockholder, executive or administrative personnel, or | 25 |
| employee of a corporation or the families of those | 26 |
| persons. A solicitation under this subparagraph may be | 27 |
| made only by mail addressed to stockholders, executive | 28 |
| or administrative personnel, or employees at their | 29 |
| residence and shall be so designed that the | 30 |
| corporation, labor organization, or separate | 31 |
| segregated fund conducting the solicitation cannot | 32 |
| determine who makes a contribution of $50 or less as a | 33 |
| result of the solicitation and who does not make such a | 34 |
| contribution. | 35 |
| (C) This paragraph shall not prevent a membership | 36 |
| organization, cooperative, or corporation without |
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| capital stock, or a separate segregated fund | 2 |
| established by a membership organization, cooperative, | 3 |
| or corporation without capital stock, from soliciting | 4 |
| contributions to the fund from members of the | 5 |
| organization, cooperative, or corporation without | 6 |
| capital stock. | 7 |
| (5) Notwithstanding any other law, any method of | 8 |
| soliciting voluntary contributions or of facilitating the | 9 |
| making of voluntary contributions to a separate segregated | 10 |
| fund established by a corporation, permitted by law to | 11 |
| corporations with regard to stockholders and executive or | 12 |
| administrative personnel, is also permitted to labor | 13 |
| organizations with regard to their members. | 14 |
| (6) Any corporation, including its subsidiaries, | 15 |
| branches, divisions, and affiliates, that utilizes a | 16 |
| method of soliciting voluntary contributions or | 17 |
| facilitating the making of voluntary contributions shall | 18 |
| make available that method, on written request and at a | 19 |
| cost sufficient only to reimburse the corporation for the | 20 |
| expenses incurred thereby, to a labor organization | 21 |
| representing any members working for the corporation or its | 22 |
| subsidiaries, branches, divisions, and affiliates. | 23 |
| (7) For purposes of this Section, the term "executive | 24 |
| or administrative personnel" means individuals employed by | 25 |
| a corporation who are paid on a salary, rather than hourly, | 26 |
| basis and who have policymaking, managerial, professional, | 27 |
| or supervisory responsibilities. | 28 |
| (c) Electioneering communications. | 29 |
| (1) For purposes of this Section, the term "applicable | 30 |
| electioneering communication" means an electioneering | 31 |
| communication, as defined in Section 9-1.14, that is made | 32 |
| by any entity described in subsection (a) of this Section | 33 |
| or by any other person using funds donated by an entity | 34 |
| described in subsection (a) of this Section. | 35 |
| (2) Notwithstanding paragraph (A), the term | 36 |
| "applicable electioneering communication" does not include |
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| a communication by an unincorporated Section 501(c)(4) | 2 |
| organization or a political organization (as defined in | 3 |
| Section 527(e)(1) of the Internal Revenue Code of 1986 [26 | 4 |
| USCS § 527(e)(1)]) if the communication is paid for | 5 |
| exclusively by funds provided directly by individuals who | 6 |
| are United States citizens or nationals or are lawfully | 7 |
| admitted for permanent residence (as defined in Section | 8 |
| 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. | 9 |
| 1101(a)(20))). For purposes of this paragraph, the term | 10 |
| "provided directly by individuals" does not include funds | 11 |
| the source of which is an entity described in subsection | 12 |
| (a) of this Section. | 13 |
| (3) Source of communications. | 14 |
| (A) An electioneering communication shall be | 15 |
| treated as made by an entity described in subsection | 16 |
| (a) if an entity described in subsection (a) directly | 17 |
| or indirectly disburses any amount for any of the costs | 18 |
| of the communication. | 19 |
| (B) A Section 501(c)(4) organization that derives | 20 |
| amounts from business activities or receives funds | 21 |
| from any entity described in subsection (a) shall be | 22 |
| considered to have paid for any communication out of | 23 |
| those amounts unless the organization paid for the | 24 |
| communication out of a segregated account. | 25 |
| (4) For purposes of this subsection: | 26 |
| (A) The term "Section 501(c)(4) organization" | 27 |
| means: | 28 |
| (i) An organization described in Section | 29 |
| 501(c)(4) of the Internal Revenue Code of 1986 [26 | 30 |
| USCS § 501(c)(4)] and exempt from taxation under | 31 |
| Section 501(a) of that Code [26 USCS § 501(a)]; or | 32 |
| (ii) An organization that has submitted an | 33 |
| application to the Internal Revenue Service for | 34 |
| determination of its status as an organization | 35 |
| described in clause (i). | 36 |
| (B) A person shall be treated as having made a |
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| disbursement if the person has executed a contract to | 2 |
| make the disbursement. | 3 |
| (5) Nothing in this subsection shall be construed to | 4 |
| authorize an organization exempt from taxation under | 5 |
| Section 501(a) of the Internal Revenue Code of 1986 [26 | 6 |
| USCS § 501(a)] to carry out any activity that is prohibited | 7 |
| under that Code.
| 8 |
| (10 ILCS 5/9A-25 new) | 9 |
| Sec. 9A-25. Prohibition of contributions in name of | 10 |
| another. No person shall make a contribution in the name of | 11 |
| another person or knowingly permit his or her name to be used | 12 |
| to effect such a contribution. No person shall knowingly accept | 13 |
| a contribution made by one person in the name of another | 14 |
| person. | 15 |
| (10 ILCS 5/9A-30 new) | 16 |
| Sec. 9A-30. Complaints. The Board may receive complaints | 17 |
| from any entity regulated under this Article, alleging with | 18 |
| specificity on the basis of facts known to that entity, that a | 19 |
| violation of this Article has occurred. The Board may bring | 20 |
| complaints and investigations on its own initiative when the | 21 |
| Board has a reasonable basis to believe that a violation of | 22 |
| this Article has occurred. The Board shall have the authority | 23 |
| to promulgate procedural rules governing the filing and hearing | 24 |
| of complaints under this Section.
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