State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 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
                            -2-                LRB9208365REdv
 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.
                            -3-                LRB9208365REdv
 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
                            -4-                LRB9208365REdv
 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
                            -5-                LRB9208365REdv
 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
                            -6-                LRB9208365REdv
 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
                            -7-                LRB9208365REdv
 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
                            -8-                LRB9208365REdv
 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.

[ Top ]