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[ House Amendment 001 ] |
92_HB3578 LRB9201901MWksA 1 AN ACT in relation to campaign contributions. 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 Sections 9-1.4 and 9-25 and by adding Sections 9-2.1 and 6 9-9.10 as follows: 7 (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4) 8 Sec. 9-1.4. "Contribution" means- 9 (1) a gift, subscription, donation, dues, loan, advance, 10 or deposit of money or anything of value, knowingly received 11 in connection with the nomination for election, or election, 12 of any person to public office, in connection with the 13 election of any person as ward or township committeeman in 14 counties of 3,000,000 or more population, or in connection 15 with any question of public policy; 16 (2) the purchase of tickets for fund-raising events, 17 including but not limited to dinners, luncheons, cocktail 18 parties, and rallies made in connection with the nomination 19 for election, or election, of any person to public office, in 20 connection with the election of any person as ward or 21 township committeeman in counties of 3,000,000 or more 22 population, or in connection with any question of public 23 policy; 24 (3) a transfer of funds between political committees; 25 and 26 (4) the services of an employee donated by an employer, 27 in which case the contribution shall be listed in the name of 28 the employer, except that any individual services provided 29 voluntarily and without promise or expectation of 30 compensation from any source shall not be deemed a 31 contribution; but -2- LRB9201901MWksA 1 (5) does not include-- 2 (a) the use of real or personal property and the 3 cost of invitations, food, and beverages, voluntarily 4 provided by an individual in rendering voluntary personal 5 services on the individual's residential premises for 6 candidate-related activities; provided the value of the 7 service provided does not exceed an aggregate of $150 in 8 a reporting period; 9 (b) the sale of any food or beverage by a vendor 10 for use in a candidate's campaign at a charge less than 11 the normal comparable charge, if such charge for use in a 12 candidate's campaign is at least equal to the cost of 13 such food or beverage to the vendor; and.14 (c) personal services by an individual who donates 15 his or her time to a campaign. 16 (Source: P.A. 89-405, eff. 11-8-95.) 17 (10 ILCS 5/9-2.1 new) 18 Sec. 9-2.1. Number of political committees. 19 (a) Except as provided in subsection (b), no more than 2 20 political committees may be established by or on behalf of 21 any candidate for public office. 22 (b) No more than 3 political committees may be 23 established by or on behalf of any candidate holding the 24 office of Speaker of the House of Representatives, Minority 25 Leader of the House of Representatives, President of the 26 Senate, or Minority Leader of the Senate. 27 (c) A political party may not establish more than one 28 political committee. 29 (10 ILCS 5/9-9.10 new) 30 Sec. 9-9.10. Contribution limits. 31 (a) In this Section: 32 "Election cycle" means (i) for candidates for office at -3- LRB9201901MWksA 1 the general election, the period beginning on the day after a 2 general election and ending on the day of the next general 3 election and (ii) for candidates for office at the 4 consolidated election, the period beginning on the day after 5 a consolidated election and ending on the day of the next 6 consolidated election. 7 "Multi-candidate political committee" means a political 8 committee that (i) has received contributions of more than 9 $5,000 and (ii) except for the political committees of a 10 political party, has made contributions to 5 or more 11 political committees or candidates for public office. 12 "Political party" means the same as in Section 8-2 of 13 this Code. 14 (b) An individual may not contribute an amount of more 15 than $3,000, in the aggregate, during any election cycle to 16 any candidate for office and the political committees of that 17 candidate. An individual may not contribute an amount of 18 more than $10,000, in the aggregate, during any calendar year 19 to a political party and the political committees of that 20 political party. An individual may not contribute more than 21 $10,000 during any calendar year to any other political 22 committee. 23 (c) A multi-candidate political committee may not 24 contribute an amount of more than $15,000, in the aggregate, 25 during any election cycle to any candidate for office and the 26 political committees of that candidate. A multi-candidate 27 committee may not contribute an amount of more than $10,000, 28 in the aggregate, during any calendar year to a political 29 party and the political committees of that political party. 30 A multi-candidate committee may not contribute an amount of 31 more than $5,000 during any calendar year to any other 32 political committee. 33 (d) A political committee that is not a multi-candidate 34 committee may not contribute an amount of more than $5,000, -4- LRB9201901MWksA 1 in the aggregate, during any election cycle to any candidate 2 for office and the political committees of that candidate. A 3 political committee that is not a multi-candidate committee 4 may not contribute an amount of more than $20,000, in the 5 aggregate, during any calendar year to a political party and 6 the political committees of that political party. A 7 political committee that is not a multi-candidate committee 8 may not contribute an amount of more than $5,000 during any 9 calendar year to any other political committee. 10 (e) A labor union, corporation, or other legal entity 11 (other than an individual or a political committee) may not 12 contribute during an election cycle an amount of more than 13 (i) $5,000, in the aggregate, to a candidate for office and 14 the political committees of that candidate, (ii) $5,000, in 15 the aggregate, to a political party and the political 16 committees of that political party, or (iii) $5,000, in the 17 aggregate, to any other political committee. In this 18 Section, a labor union, corporation, or other legal entity 19 (other than an individual or a political committee) includes 20 all other entities who share with it at least a 50% common 21 ownership or control. 22 (f) A political party and its political committees may 23 not contribute to a candidate and the political committees of 24 that candidate an amount, in the aggregate, that constitutes 25 more than 25% of that candidate's and his or her political 26 committee's total expenditures during the election cycle. 27 (g) Any person or entity that violates this Section for 28 the first time is guilty of a business offense and must be 29 fined an amount that is at least double the amount of the 30 contributions in excess of the limits in this Section. Any 31 person or entity that violates this Section for a second or 32 subsequent time is guilty of a Class A misdemeanor and must 33 be fined an amount that is at least double the amount of the 34 contributions in excess of the limits in this Section. -5- LRB9201901MWksA 1 In the calendar year or election cycle during which this 2 amendatory Act of the 92nd General Assembly takes effect, a 3 penalty may not be imposed on an individual or entity that 4 has made a contribution that violates this Section if the 5 contribution was made before the effective date of this 6 amendatory Act of the 92nd General Assembly. Contributions 7 made before the effective date of this amendatory Act of the 8 92nd General Assembly must, however, be included in 9 determining the extent of contributions that may be made 10 during the balance of that initial calendar year or election 11 cycle. 12 (10 ILCS 5/9-25) (from Ch. 46, par. 9-25) 13 Sec. 9-25. Anonymous contributions and contributions in 14 the name of another prohibited. 15 (a) No person shall make an anonymous contribution or a 16 contribution in the name of another person, and no person 17 shall knowingly accept any anonymous contribution or 18 contribution made by one person in the name of another 19 person. 20 (b) Anonymous contributions and contributions in the 21 name of another person shall escheat to the State of 22 Illinois. Any political committee that receives such a 23 contribution shall forward it immediately to the State 24 Treasurer. 25 (c) Any person who knowingly makes an anonymous 26 contribution or a contribution in the name of another person 27 is guilty of a Class A misdemeanor and may be fined an amount 28 no greater than 3 times the amount of the prohibited 29 contribution. 30 (d) For the purposes of this Section, "contribution in 31 the name of another person" means a contribution in which (i) 32 the source of the contribution and (ii) the person or entity 33 causing the contribution to be made are not reported under -6- LRB9201901MWksA 1 this Article. 2 (Source: P.A. 78-1183.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.