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92_HB3341
LRB9208365REdv
1 AN ACT concerning campaign finance.
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 Section 9-3 and by adding Sections 9-0.01, 9-1.9a, 9-1.9b,
6 9-1.9c, 9-2.5, 9-8.5, 9-8.7, and 9-8.9 as follows:
7 (10 ILCS 5/9-0.01 new)
8 Sec. 9-0.01. Legislative findings; intent.
9 (a) The General Assembly finds that:
10 (1) Each election cycle sees a dramatic increase in
11 the moneys raised and spent on elections. In the
12 1997-1998 election cycle, 57% of the moneys contributed
13 or transferred was in amounts of $3,000 dollars or more,
14 raising legitimate questions about the undue influence of
15 large contributors.
16 (2) Some candidates and elected officials,
17 particularly when time is limited, respond to and give
18 access to contributors who make large contributions in
19 preference to those persons who make small or no
20 contributions.
21 (3) In Illinois, contributions larger than the
22 amounts specified in this Article are considered to be
23 large contributions by members of the General Assembly,
24 elected officials, and other candidates.
25 (4) Robust debate on issues, candidate interaction
26 with the electorate, and public involvement in and
27 confidence in the electoral process have decreased as
28 campaign expenditures have increased.
29 (5) Increasing campaign expenditures encourage
30 candidates to seek out and rely on a smaller number of
31 large contributors rather than a large number of small
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1 contributors.
2 (6) In Illinois, contributions in an amount that is
3 not larger than the amounts specified in this Article
4 adequately allow contributors to express their opinions,
5 level of support, and affiliations.
6 (7) In Illinois, candidates can raise sufficient
7 moneys to fund effective campaigns from contributions
8 that are in an amount that is not larger than the amounts
9 specified in this Article.
10 (8) Limiting large contributions will encourage
11 direct and small-group contact between candidates and the
12 electorate and will encourage the personal involvement of
13 a large number of citizens in campaigns, both of which
14 are crucial to public confidence and the robust debate of
15 ideas.
16 (9) Large contributions and large expenditures by
17 persons or committees, other than a candidate's political
18 committee, reduce public confidence in the electoral
19 process and increase the appearance that candidates and
20 elected officials do not act in the best interest of
21 Illinois citizens.
22 (10) Citizen interest in, participation in, and
23 confidence in the electoral process is lessened by
24 excessively long and expensive campaigns.
25 (b) The purpose of this amendatory Act of the 92nd
26 General Assembly is to regulate contributions to candidates
27 for election to office in this State.
28 (10 ILCS 5/9-1.9a new)
29 Sec. 9-1.9a. Political action committee. "Political
30 action committee" means any political committee other than a
31 candidate, a party committee, or a legislative leadership
32 committee.
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1 (10 ILCS 5/9-1.9b new)
2 Sec. 9-1.9b. Party committee. "Party committee" means
3 the same as a committee of a political party under Section
4 7-7 of this Code.
5 (10 ILCS 5/9-1.9c new)
6 Sec. 9-1.9c. Legislative leadership committee.
7 "Legislative leadership committee" means a political
8 committee established by the President of the Senate, the
9 Minority Leader of the Senate, the Speaker of the House of
10 Representatives, or the Minority Leader of the House of
11 Representatives to receive contributions and to make
12 expenditures in support of or in opposition to candidates
13 other than candidates holding the positions of President of
14 the Senate, Minority Leader of the Senate, Speaker of the
15 House of Representatives, and Minority Leader of the House of
16 Representatives.
17 (10 ILCS 5/9-2.5 new)
18 Sec. 9-2.5. Single political committee.
19 (a) No public official or candidate for public office
20 may establish more than one political committee to receive
21 contributions and make expenditures for the candidate's
22 campaign.
23 (b) The contributions received by each political action
24 committee or legislative leadership committee established,
25 financed, maintained, or controlled by any individual, trust,
26 partnership, committee, association, corporation, or other
27 organization or group of individuals must be treated as
28 contributions to a singe political action committee or
29 legislative leadership committee.
30 (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
31 Sec. 9-3. Every state political committee, every
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1 political action committee, every legislative leadership
2 committee, and every local political committee shall file
3 with the State Board of Elections, and every local political
4 committee shall file with the county clerk, a statement of
5 organization within 10 business days of the creation of such
6 committee, except any political committee, political action
7 committee, or legislative leadership committee created within
8 the 30 days before an election shall file a statement of
9 organization within 5 business days. A political committee
10 that acts as both a state political committee and a local
11 political committee shall file a copy of each statement of
12 organization with the State Board of Elections and the
13 county clerk.
14 The statement of organization shall include -
15 (a) the name and address of the political committee (the
16 name of the political committee must include the name of any
17 sponsoring entity);
18 (b) the scope, area of activity, party affiliation,
19 candidate affiliation and his county of residence, and
20 purposes of the political committee;
21 (c) the name, address, and position of each custodian of
22 the committee's books and accounts;
23 (d) the name, address, and position of the committee's
24 principal officers, including the chairman, treasurer, and
25 officers and members of its finance committee, if any;
26 (e) (Blank);
27 (f) a statement of what specific disposition of residual
28 fund will be made in the event of the dissolution or
29 termination of the committee;
30 (g) a listing of all banks or other financial
31 institutions, safety deposit boxes, and any other
32 repositories or custodians of funds used by the committee;
33 (h) the amount of funds available for campaign
34 expenditures as of the filing date of the committee's
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1 statement of organization.
2 For purposes of this Section, a "sponsoring entity" is
3 (i) any person, political committee, organization,
4 corporation, or association that contributes at least 33% of
5 the total funding of the political committee or (ii) any
6 person or other entity that is registered or is required to
7 register under the Lobbyist Registration Act and contributes
8 at least 33% of the total funding of the political committee.
9 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
10 (10 ILCS 5/9-8.5 new)
11 Sec. 9-8.5. Contribution and transfer limits.
12 (a) In this Section, unless the context otherwise
13 requires, "election" means a general election, a general
14 primary election, a consolidated election, or a consolidated
15 primary election established under Article 2A of this Code.
16 (b) A candidate, or political committee of the
17 candidate, for nomination for election to or for election to
18 any of the following offices may not accept a contribution or
19 contributions totaling more than the following amounts in an
20 election in which the candidate is on the ballot from an
21 individual:
22 (1) For the office of Governor, Lieutenant
23 Governor, Attorney General, State Treasurer, Secretary of
24 State, or State Comptroller; for county office in a
25 county with a population of 3,000,000 or more; for
26 Metropolitan Water Reclamation District trustee; for ward
27 committeeman in a municipality with a population of
28 2,000,000 or more; or for municipal, township, special
29 district, and school district office for which a
30 consolidated primary is not held in a county with a
31 population of 3,000,000 or more: $3,000.
32 (2) For the office of State Senator or State
33 Representative; for county office in a county with a
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1 population of less than 3,000,000; or for municipal,
2 township, special district, and school district office
3 for which a consolidated primary is held in counties with
4 a population of less than 3,000,000: $2,000.
5 (c) A candidate, or a political committee of the
6 candidate, for nomination for election to or election to the
7 any of the following offices may not accept a contribution or
8 contributions totaling more than the following amounts for
9 each election in which the candidate is on the ballot from a
10 political action committee:
11 (1) For the office of Governor, Lieutenant
12 Governor, Attorney General, State Treasurer, Secretary of
13 State, or State Comptroller: $4,000.
14 (2) For the office of State Senator or State
15 Representative: $3,000.
16 (d) A political action committee may not accept a
17 contribution or contributions totaling more than $1,000 in
18 any year from any contributor.
19 (e) A party committee or legislative leadership
20 committee may not accept in a calendar year a contribution or
21 contributions totaling more than the following amounts from
22 the following contributors:
23 (1) From a political action committee: $1,500.
24 (2) From a contributor other than a political
25 action committee: $1,000.
26 (f) No individual may contribute an aggregate amount of
27 more $10,000 in a calendar year to all candidates, political
28 action committees, party committees, and legislative
29 leadership committees.
30 (g) Beginning on January 1, 2002, no more than 65% of
31 the aggregate amount of contributions made to a candidate, or
32 the candidate's political committee, for an election may be
33 accepted from all political action committees, party
34 committees, and legislative leadership committees. Beginning
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1 on January 1, 2003, the percentage of aggregate contributions
2 from political action committees, party committees, and
3 legislative leadership committees shall decline to 60% and
4 shall decline by 10% on January 1 of each of the 2 following
5 years until it reaches 40%.
6 (h) In addition to any other administrative or civil
7 remedy provided for in this Article, any individual or any
8 officer, director, attorney, accountant, or other agent of a
9 political action committee or political party violating any
10 provision of this Section or authorizing the violation of
11 this Section, or any person who violates or in any way
12 knowingly aids or abets in, the violation of this Section is
13 guilty of a business offense punishable by a fine of $10,000
14 or 3 times the amount contributed or expended, whichever is
15 greater.
16 (i) All of the dollar amounts is this Section must be
17 annually adjusted to reflect the change during the previous
18 calendar year in the Consumer Price Index for All Urban
19 Consumers for all items published by the United States
20 Department of Labor.
21 (10 ILCS 5/9-8.7 new)
22 Sec. 9-8.7. Contributions from a minor. A contribution
23 from an individual who is under 18 years of age that is made
24 by the proceeds of a gift, the purpose of which was to
25 provide moneys for the contribution, or that is made with
26 moneys not controlled by the individual who is under 18 years
27 of age, is deemed to be a contribution from the individual
28 or entity giving the gift to the person under 18 years of age
29 or controlling the funds.
30 (10 ILCS 5/9-8.9 new)
31 Sec. 9-8.9. Candidates' loans to campaign. The total
32 outstanding loans made by a candidate from the candidate's
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1 personal funds to a himself or herself for expenditures under
2 this Article or to the candidate's political committee may
3 not at any time exceed $20,000 in the case of a candidate for
4 the office of Governor or $10,000 in the case of a candidate
5 for any other office.
6 Section 99. Effective date. This Act takes effect on
7 January 1, 2002.