Full Text of HB3323 98th General Assembly
HB3323 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3323 Introduced , by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. With respect to campaign contributions to a candidate political committee from a political party political committee, makes the limits that apply during a general primary election cycle apply during any election cycle. Effective immediately.
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| | A BILL FOR |
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| 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 Section | 5 | | 9-8.5 as follows: | 6 | | (10 ILCS 5/9-8.5) | 7 | | Sec. 9-8.5. Limitations on campaign contributions. | 8 | | (a) It is unlawful for a political committee to accept | 9 | | contributions except as provided in this Section. | 10 | | (b) During an election cycle, a candidate political | 11 | | committee may not accept contributions with an aggregate value | 12 | | over the following: (i) $5,000 from any individual, (ii) | 13 | | $10,000 from any corporation, labor organization, or | 14 | | association, or (iii) $50,000 from a candidate political | 15 | | committee or political action committee. A candidate political | 16 | | committee may accept contributions in any amount from a | 17 | | political party committee except during an election cycle in | 18 | | which the candidate seeks nomination at a primary election. | 19 | | During an election cycle in which the candidate seeks | 20 | | nomination at a primary election , a candidate political | 21 | | committee may not accept contributions from political party | 22 | | committees with an aggregate value over the following: (i) | 23 | | $200,000 for a candidate political committee established to |
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| 1 | | support a candidate seeking nomination or election to statewide | 2 | | office, (ii) $125,000 for a candidate political committee | 3 | | established to support a candidate seeking nomination or | 4 | | election to the Senate, the Supreme Court or Appellate Court in | 5 | | the First Judicial District, or an office elected by all voters | 6 | | in a county with 1,000,000 or more residents, (iii) $75,000 for | 7 | | a candidate political committee established to support a | 8 | | candidate seeking nomination or election to the House of | 9 | | Representatives, the Supreme Court or Appellate Court for a | 10 | | Judicial District other than the First Judicial District, an | 11 | | office elected by all voters of a county of fewer than | 12 | | 1,000,000 residents, and municipal and county offices in Cook | 13 | | County other than those elected by all voters of Cook County, | 14 | | and (iv) $50,000 for a candidate political committee | 15 | | established to support the nomination or election of a | 16 | | candidate to any other office.
A candidate political committee | 17 | | established to elect a candidate to the General Assembly may | 18 | | accept contributions from only one legislative caucus | 19 | | committee. A candidate political committee may not accept | 20 | | contributions from a ballot initiative committee or from an
| 21 | | independent expenditure committee. | 22 | | (c) During an election cycle, a political party committee | 23 | | may not accept contributions with an aggregate value over the | 24 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 25 | | any corporation, labor organization, or association, or (iii) | 26 | | $50,000 from a political action committee. A political party |
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| 1 | | committee may accept contributions in any amount from another | 2 | | political party committee or a candidate political committee, | 3 | | except as provided in subsection (c-5). Nothing in this Section | 4 | | shall limit the amounts that may be transferred between a | 5 | | political party committee established under subsection (a) of | 6 | | Section 7-8 of this Code and an affiliated federal political | 7 | | committee established under the Federal Election Code by the | 8 | | same political party. A political party committee may not | 9 | | accept contributions from a ballot initiative committee or from | 10 | | an
independent expenditure committee. A political party | 11 | | committee established by a legislative caucus may not accept | 12 | | contributions from another political party committee | 13 | | established by a legislative caucus. | 14 | | (c-5) During the period beginning on the date candidates | 15 | | may begin circulating petitions for a primary election and | 16 | | ending on the day of the primary election, a political party | 17 | | committee may not accept contributions with an aggregate value | 18 | | over $50,000 from a candidate political committee or political | 19 | | party committee. A political party committee may accept | 20 | | contributions in any amount from a candidate political | 21 | | committee or political party committee if the political party | 22 | | committee receiving the contribution filed a statement of | 23 | | nonparticipation in the primary as provided in subsection | 24 | | (c-10). The Task Force on Campaign Finance Reform shall study | 25 | | and make recommendations on the provisions of this subsection | 26 | | to the Governor and General Assembly by September 30, 2012. |
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| 1 | | This subsection becomes inoperative on July 1, 2013 and | 2 | | thereafter no longer applies. | 3 | | (c-10) A political party committee that does not intend to | 4 | | make contributions to candidates to be nominated at a general | 5 | | primary election or consolidated primary election may file a | 6 | | Statement of Nonparticipation in a Primary Election with the | 7 | | Board. The Statement of Nonparticipation shall include a | 8 | | verification signed by the chairperson and treasurer of the | 9 | | committee that (i) the committee will not make contributions or | 10 | | coordinated expenditures in support of or opposition to a | 11 | | candidate or candidates to be nominated at the general primary | 12 | | election or consolidated primary election (select one) to be | 13 | | held on (insert date), (ii) the political party committee may | 14 | | accept unlimited contributions from candidate political | 15 | | committees and political party committees, provided that the | 16 | | political party committee does not make contributions to a | 17 | | candidate or candidates to be nominated at the primary | 18 | | election, and (iii) failure to abide by these requirements | 19 | | shall deem the political party committee in violation of this | 20 | | Article and subject the committee to a fine of no more than | 21 | | 150% of the total contributions or coordinated expenditures | 22 | | made by the committee in violation of this Article. This | 23 | | subsection becomes inoperative on July 1, 2013 and thereafter | 24 | | no longer applies. | 25 | | (d) During an election cycle, a political action committee | 26 | | may not accept contributions with an aggregate value over the |
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| 1 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 2 | | any corporation, labor organization, political party | 3 | | committee, or association, or (iii) $50,000 from a political | 4 | | action committee or candidate political committee. A political | 5 | | action committee may not accept contributions from a ballot | 6 | | initiative committee or from an
independent expenditure | 7 | | committee. | 8 | | (e) A ballot initiative committee may accept contributions | 9 | | in any amount from any source, provided that the committee | 10 | | files the document required by Section 9-3 of this Article and | 11 | | files the disclosure reports required by the provisions of this | 12 | | Article. | 13 | | (e-5) An independent expenditure committee may accept | 14 | | contributions in any amount from any source, provided that the | 15 | | committee files the document required by Section 9-3 of this | 16 | | Article and files the disclosure reports required by the | 17 | | provisions of this Article. | 18 | | (f) Nothing in this Section shall prohibit a political | 19 | | committee from dividing the proceeds of joint fundraising | 20 | | efforts; provided that no political committee may receive more | 21 | | than the limit from any one contributor, and provided that an | 22 | | independent
expenditure committee may not conduct joint | 23 | | fundraising efforts with a
candidate political committee or a | 24 | | political party committee. | 25 | | (g) On January 1 of each odd-numbered year, the State Board | 26 | | of Elections shall adjust the amounts of the contribution |
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| 1 | | limitations established in this Section for inflation as | 2 | | determined by the Consumer Price Index for All Urban Consumers | 3 | | as issued by the United States Department of Labor and rounded | 4 | | to the nearest $100. The State Board shall publish this | 5 | | information on its official website. | 6 | | (h) Self-funding candidates. If a public official, a | 7 | | candidate, or the public official's or candidate's immediate | 8 | | family contributes or loans to the public official's or | 9 | | candidate's political committee or to other political | 10 | | committees that transfer funds to the public official's or | 11 | | candidate's political committee or makes independent | 12 | | expenditures for the benefit of the public official's or | 13 | | candidate's campaign during the 12 months prior to an election | 14 | | in an aggregate amount of more than (i) $250,000 for statewide | 15 | | office or (ii) $100,000 for all other elective offices, then | 16 | | the public official or candidate shall file with the State | 17 | | Board of Elections, within one day, a Notification of | 18 | | Self-funding that shall detail each contribution or loan made | 19 | | by the public official, the candidate, or the public official's | 20 | | or candidate's immediate family. Within 2 business days after | 21 | | the filing of a Notification of Self-funding, the notification | 22 | | shall be posted on the Board's website and the Board shall give | 23 | | official notice of the filing to each candidate for the same | 24 | | office as the public official or candidate making the filing, | 25 | | including the public official or candidate filing the | 26 | | Notification of Self-funding. Upon receiving notice from the |
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| 1 | | Board, all candidates for that office, including the public | 2 | | official or candidate who filed a Notification of Self-funding, | 3 | | shall be permitted to accept contributions in excess of any | 4 | | contribution limits imposed by subsection (b). For the purposes | 5 | | of this subsection, "immediate family" means the spouse, | 6 | | parent, or child of a public official or candidate. | 7 | | (h-5) If a natural person or independent expenditure | 8 | | committee makes independent expenditures in support of or in | 9 | | opposition to the campaign of a particular public official or | 10 | | candidate in an aggregate amount of more than (i) $250,000 for | 11 | | statewide office or (ii) $100,000 for all other elective | 12 | | offices in an election cycle, as reported in a written | 13 | | disclosure filed under subsection (a) of Section 9-8.6 or | 14 | | subsection (e-5) of Section 9-10, then the State Board of | 15 | | Elections shall, within 2 business days after the filing of the | 16 | | disclosure, post the disclosure on the Board's website and give | 17 | | official notice of the disclosure to each candidate for the | 18 | | same office as the public official or candidate for whose | 19 | | benefit the natural person or independent expenditure | 20 | | committee made independent expenditures. Upon receiving notice | 21 | | from the Board, all candidates for that office in that | 22 | | election, including the public official or candidate for whose | 23 | | benefit the natural person or independent expenditure | 24 | | committee made independent expenditures, shall be permitted to | 25 | | accept contributions in excess of any contribution limits | 26 | | imposed by subsection (b). The Campaign Finance Task Force |
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| 1 | | shall submit a report to the Governor and General Assembly no | 2 | | later than February 1, 2013. The report shall examine and make | 3 | | recommendations regarding the provisions in this subsection | 4 | | including, but not limited to, case law concerning independent | 5 | | expenditures, the manner in which independent expenditures are | 6 | | handled in the other states and at the federal level, | 7 | | independent expenditures made in Illinois during the 2012 | 8 | | general primary and, separately, the 2012 general election, and | 9 | | independent expenditures made at the federal level during the | 10 | | 2012 general election. The Task Force shall conduct at least 2 | 11 | | public hearings regarding independent expenditures. | 12 | | (i) For the purposes of this Section, a corporation, labor | 13 | | organization, association, or a political action committee | 14 | | established by a corporation, labor organization, or | 15 | | association may act as a conduit in facilitating the delivery | 16 | | to a political action committee of contributions made through | 17 | | dues, levies, or similar assessments and the political action | 18 | | committee may report the contributions in the aggregate, | 19 | | provided that: (i) contributions made through dues, levies, or | 20 | | similar assessments paid by any natural person, corporation, | 21 | | labor organization, or association in a calendar year may not | 22 | | exceed the limits set forth in this Section; (ii) the | 23 | | corporation, labor organization, association, or a political | 24 | | action committee established by a corporation, labor | 25 | | organization, or association facilitating the delivery of | 26 | | contributions maintains a list of natural persons, |
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| 1 | | corporations, labor organizations, and associations that paid | 2 | | the dues, levies, or similar assessments from which the | 3 | | contributions comprising the aggregate amount derive; and | 4 | | (iii) contributions made through dues, levies, or similar | 5 | | assessments paid by any natural person, corporation, labor | 6 | | organization, or association that exceed $500 in a quarterly | 7 | | reporting period shall be itemized on the committee's quarterly | 8 | | report and may not be reported in the aggregate. A political | 9 | | action committee facilitating the delivery of contributions or | 10 | | receiving contributions shall disclose the amount of | 11 | | contributions made through dues delivered or received and the | 12 | | name of the corporation, labor organization, association, or | 13 | | political action committee delivering the contributions, if | 14 | | applicable. On January 1 of each odd-numbered year, the State | 15 | | Board of Elections shall adjust the amounts of the contribution | 16 | | limitations established in this subsection for inflation as | 17 | | determined by the Consumer Price Index for All Urban Consumers | 18 | | as issued by the United States Department of Labor and rounded | 19 | | to the nearest $100. The State Board shall publish this | 20 | | information on its official website. | 21 | | (j) A political committee that receives a contribution or | 22 | | transfer in violation of this Section shall dispose of the | 23 | | contribution or transfer by returning the contribution or | 24 | | transfer, or an amount equal to the contribution or transfer, | 25 | | to the contributor or transferor or donating the contribution | 26 | | or transfer, or an amount equal to the contribution or |
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| 1 | | transfer, to a charity. A contribution or transfer received in | 2 | | violation of this Section that is not disposed of as provided | 3 | | in this subsection within 30 days after the Board sends | 4 | | notification to the political committee of the excess | 5 | | contribution by certified mail shall escheat to the General | 6 | | Revenue Fund and the political committee shall be deemed in | 7 | | violation of this Section and subject to a civil penalty not to | 8 | | exceed 150% of the total amount of the contribution. | 9 | | (k) For the purposes of this Section, "statewide office" | 10 | | means the Governor, Lieutenant Governor, Attorney General, | 11 | | Secretary of State, Comptroller, and Treasurer. | 12 | | (l) This Section is repealed if and when the United States | 13 | | Supreme Court invalidates contribution limits on committees | 14 | | formed to assist candidates, political parties, corporations, | 15 | | associations, or labor organizations established by or | 16 | | pursuant to federal law.
| 17 | | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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