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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.