State of Illinois
91st General Assembly
Legislation

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91_HB4371

 
                                               LRB9111702JMdv

 1        AN ACT to amend the Election Code.

 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 adding
 5    Section 9-25.5 as follows:

 6        (10 ILCS 5/9-25.5 new)
 7        Sec. 9-25.5.  Contributions from business entities, labor
 8    organizations, banks, and nonprofit corporations.
 9        (a)  It is unlawful for:
10             (1)  Any business entity, labor organization,  State
11        or  national  bank, or nonprofit corporation organized by
12        authority of any law of Congress or any state to  make  a
13        contribution  for the purpose of influencing the election
14        of a person to any elective office or political party  or
15        for  the  purpose  of influencing any primary election or
16        political convention or caucus held to select  candidates
17        for any elective office.
18             (2)  Any  candidate or person knowingly to accept or
19        receive any contribution prohibited by this Section.
20             (3)  Any officer or any  director  of  any  business
21        entity,  labor  organization,  State or national bank, or
22        nonprofit corporation organized by authority of  any  law
23        of  Congress  or any state to consent to any contribution
24        prohibited by this Section by any business entity,  labor
25        organization,   State  or  national  bank,  or  nonprofit
26        corporation.
27        (b)  In addition to any  other  administrative  or  civil
28    remedy  applicable under this Article, any officer, director,
29    attorney, accountant, or other agent of the business  entity,
30    labor  organization,  State  or  national  bank, or nonprofit
31    corporation  violating  any  provision  of  this  Section  or
 
                            -2-                LRB9111702JMdv
 1    authorizing the violation of this Section, or any person  who
 2    violates  or in any way knowingly aids or abets the violation
 3    of this Section, is guilty of a business  offense  punishable
 4    by  a  fine  of  $10,000 or 3 times the amount contributed or
 5    expended, whichever is greater.
 6        (c)  Nothing  in  this   Section   shall   prohibit   the
 7    employees,  shareholders,  or members of any business entity,
 8    labor organization, State  or  national  bank,  or  nonprofit
 9    corporation  organized under the authority of Congress or the
10    laws of any state from establishing a committee that operates
11    free  of  any  support  from  any  business   entity,   labor
12    organization,   State   or   national   bank,   or  nonprofit
13    corporation organized under the authority of Congress or  the
14    laws  of  any  state,  subject  to  the limitations otherwise
15    provided in this Code.
16        (d)  Nothing in this Section shall  prohibit  a  business
17    entity,  labor  organization,  State  or  national  bank,  or
18    nonprofit   corporation  organized  under  the  authority  of
19    Congress or the laws of any  state  from  providing  indirect
20    support  to  any  committee,  except  a  political  party  or
21    candidate,   for  administration  and  compliance  with  this
22    Article. Such support does not include fundraising or related
23    activity, except as provided in subsection (e).
24        (e)  Nothing in this Section shall  prohibit  a  business
25    entity,   labor  corporation,  State  or  national  bank,  or
26    nonprofit  corporation  organized  under  the  authority   of
27    Congress  or  the  laws  of any state from providing indirect
28    support  to  any  committee,  except  a  political  party  or
29    candidate, for fundraising or related activity to the  extent
30    that  such  support  is, in the aggregate, 10% or less of the
31    contributions received by that committee per calendar year.
32        (f)  Nothing in this Section Shall  prohibit  a  business
33    entity,  labor  organization,  State  or  national  bank,  or
34    nonprofit   corporation  organized  under  the  authority  of
 
                            -3-                LRB9111702JMdv
 1    Congress  or  the  laws  of  this  State,  which  sponsors  a
 2    committee, from making an expenditure  that  qualifies  as  a
 3    contribution  under  this  Article  so  long  as the business
 4    entity,  labor  organization,  State  or  national  bank,  or
 5    nonprofit  corporation  is  reimbursed   by   its   sponsored
 6    committee within 30 days of making the payment.
 7        (g)  It  is  unlawful for any business entity or State or
 8    national bank to make  an  expenditure  for  the  purpose  of
 9    influencing  any  election  or political convention or caucus
10    held to select candidates for  any  elective  office,  except
11    that nothing in this Section prohibits nonprofit corporations
12    organized   solely   for   political  purposes  and  with  no
13    shareholders from making expenditures  independent  from  any
14    candidate for office.
15        (h)  This  Section does not apply to elections to federal
16    office  under  the  jurisdiction  of  the  Federal   Election
17    Campaign Act of 1971, as amended.

18        (10 ILCS 5/9-7.5 rep.)
19        Section  10.   The  Election Code is amended by repealing
20    Section 9-7.5.

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