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Public Act 102-0909


 

Public Act 0909 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0909
 
HB0716 EnrolledLRB102 10068 RJF 15388 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing
Section 9-8.5 and by adding Section 1-21 as follows:
 
    (10 ILCS 5/1-21 new)
    Sec. 1-21. Public Financing of Judicial Elections Task
Force.
    (a) The Public Financing of Judicial Elections Task Force
is hereby created for the purposes described in subsection
(b). Members of the Task Force shall be appointed as follows:
        (1) one member appointed by the Governor;
        (2) one member appointed by the Attorney General;
        (3) 2 members appointed by the President of the
    Senate;
        (4) 2 members appointed by the Speaker of the House of
    Representatives;
        (5) 2 members appointed by the Minority Leader of the
    Senate; and
        (6) 2 members appointed by the Minority Leader of the
    House of Representatives.
    (b) The Task Force shall study the feasibility of
implementing a system of campaign finance that would allow
public funds to be used to subsidize campaigns for candidates
for judicial office in exchange for voluntary adherence by
those campaigns to specified expenditure limitations. In
conducting its study, the Task Force shall consider whether
implementing such a system of public financing is in the best
interest of the State. The Task Force may propose one or more
funding sources for the public financing of judicial
elections, including, but not limited to, fines, voluntary
contributions, surcharges on lobbying activities, and a
whistleblower fund. The Task Force shall consider the
following factors:
        (1) the amount of funds raised by past candidates for
    judicial office;
        (2) the amount of funds expended by past candidates
    for judicial office;
        (3) the disparity in the amount of funds raised by
    candidates for judicial office of different political
    parties;
        (4) the amount of funds expended with respect to
    campaigns for judicial office by entities not affiliated
    with a candidate;
        (5) the amount of money contributed to or expended by
    a committee of a political party to promote a candidate
    for judicial office;
        (6) jurisprudence concerning campaign finance and
    public financing of political campaigns, both for judicial
    office and generally; and
        (7) any other factors that the Task Force determines
    are related to the public financing of elections in this
    State.
    The Task Force shall also suggest changes to current law
that would be necessary to facilitate public financing of
candidates for judicial office.
    (c) The Task Force shall complete its study no later than
June 30, 2023 and shall report its findings to the Governor and
the General Assembly as soon as possible after the study is
complete.
    (d) The Members shall serve without compensation. If a
vacancy occurs on the Task Force, it shall be filled according
to the guidelines of the initial appointment.
    (e) The State Board of Elections shall provide staff and
administrative support to the Task Force.
    (f) As used in this Section, "judicial office" means
nomination, election, or retention to the Supreme Court, the
Appellate Court, or the Circuit Court.
    (g) This Section is repealed on July 1, 2024.
 
    (10 ILCS 5/9-8.5)
    Sec. 9-8.5. Limitations on campaign contributions.
    (a) It is unlawful for a political committee to accept
contributions except as provided in this Section.
    (b) During an election cycle, a candidate political
committee may not accept contributions with an aggregate value
over the following: (i) $5,000 from any individual, (ii)
$10,000 from any corporation, labor organization, or
association, or (iii) $50,000 from a candidate political
committee or political action committee. A candidate political
committee may accept contributions in any amount from a
political party committee except during an election cycle in
which the candidate seeks nomination at a primary election.
During an election cycle in which the candidate seeks
nomination at a primary election, a candidate political
committee may not accept contributions from political party
committees with an aggregate value over the following: (i)
$200,000 for a candidate political committee established to
support a candidate seeking nomination to statewide office,
(ii) $125,000 for a candidate political committee established
to support a candidate seeking nomination to the Senate, the
Supreme Court or Appellate Court in the First Judicial
District, or an office elected by all voters in a county with
1,000,000 or more residents, (iii) $75,000 for a candidate
political committee established to support a candidate seeking
nomination to the House of Representatives, the Supreme Court
or Appellate Court for a Judicial District other than the
First Judicial District, an office elected by all voters of a
county of fewer than 1,000,000 residents, and municipal and
county offices in Cook County other than those elected by all
voters of Cook County, and (iv) $50,000 for a candidate
political committee established to support the nomination of a
candidate to any other office. A candidate political committee
established to elect a candidate to the General Assembly may
accept contributions from only one legislative caucus
committee. A candidate political committee may not accept
contributions from a ballot initiative committee or from an
independent expenditure committee.
    (b-5) Judicial elections.
        (1) In addition to any other provision of this
    Section, a candidate political committee established to
    support or oppose a candidate seeking nomination to the
    Supreme Court, Appellate Court, or Circuit Court may not:
            (A) accept contributions from any entity that does
        not disclose the identity of those who make
        contributions to the entity, except for contributions
        that are not required to be itemized by this Code; or
            (B) accept contributions from any out-of-state
        person, as defined in this Article.
        (1.1) In addition to any other provision of this
    Section, a political committee that is self-funding, as
    described in subsection (h) of this Section, and is
    established to support or oppose a candidate seeking
    nomination, election, or retention to the Supreme Court,
    the Appellate Court, or the Circuit Court may not accept
    contributions from any single person, other than the
    judicial candidate or the candidate's immediate family, in
    a cumulative amount that exceeds $500,000 in any election
    cycle. Any contribution in excess of the limits in this
    paragraph (1.1) shall escheat to the State of Illinois.
    Any political committee that receives such a contribution
    shall immediately forward the amount that exceeds $500,000
    to the State Treasurer who shall deposit the funds into
    the State Treasury.
        (1.2) In addition to any other provision of this
    Section, an independent expenditure committee established
    to support or oppose a candidate seeking nomination,
    election, or retention to the Supreme Court, the Appellate
    Court, or the Circuit Court may not accept contributions
    from any single person in a cumulative amount that exceeds
    $500,000 in any election cycle. Any contribution in excess
    of the limits in this paragraph (1.2) shall escheat to the
    State of Illinois. Any independent expenditure committee
    that receives such a contribution shall immediately
    forward the amount that exceeds $500,000 to the State
    Treasurer who shall deposit the funds into the State
    Treasury.
        (1.3) In addition to any other provision of this
    Section, if a political committee established to support
    or oppose a candidate seeking nomination, election, or
    retention to the Supreme Court, the Appellate Court, or
    the Circuit Court receives a contribution in excess of
    $500 from: (i) any committee that is not required to
    disclose its contributors under this Act; (ii) any
    association that is not required to disclose its
    contributors under this Act; or (iii) any other
    organization or group of persons that is not required to
    disclose its contributors under this Act, then that
    contribution shall be considered an anonymous contribution
    that shall escheat to the State, unless the political
    committee reports to the State Board of Elections all
    persons who have contributed in excess of $500 during the
    same election cycle to the committee, association,
    organization, or group making the contribution. Any
    political committee that receives such a contribution and
    fails to report this information shall forward the
    contribution amount immediately to the State Treasurer who
    shall deposit the funds into the State Treasury.
        (2) As used in this subsection, "contribution" has the
    meaning provided in Section 9-1.4 and also includes the
    following that are subject to the limits of this Section:
            (A) expenditures made by any person in concert or
        cooperation with, or at the request or suggestion of,
        a candidate, his or her designated committee, or their
        agents; and
            (B) the financing by any person of the
        dissemination, distribution, or republication, in
        whole or in part, of any broadcast or any written,
        graphic, or other form of campaign materials prepared
        by the candidate, his or her campaign committee, or
        their designated agents.
        (3) As to contributions to a candidate political
    committee established to support a candidate seeking
    nomination to the Supreme Court, Appellate Court, or
    Circuit Court:
            (A) No person shall make a contribution in the
        name of another person or knowingly permit his or her
        name to be used to effect such a contribution.
            (B) No person shall knowingly accept a
        contribution made by one person in the name of another
        person.
            (C) No person shall knowingly accept reimbursement
        from another person for a contribution made in his or
        her own name.
            (D) No person shall make an anonymous
        contribution.
            (E) No person shall knowingly accept any anonymous
        contribution.
            (F) No person shall predicate (1) any benefit,
        including, but not limited to, employment decisions,
        including hiring, promotions, bonus compensation, and
        transfers, or (2) any other gift, transfer, or
        emolument upon:
                (i) the decision by the recipient of that
            benefit to donate or not to donate to a candidate;
            or
                (ii) the amount of any such donation.
        (4) No judicial candidate or political committee
    established to support a candidate seeking nomination to
    the Supreme Court, Appellate Court, or Circuit Court shall
    knowingly accept any contribution or make any expenditure
    in violation of the provisions of this Section. No officer
    or employee of a political committee established to
    support a candidate seeking nomination to the Supreme
    Court, Appellate Court, or Circuit Court shall knowingly
    accept a contribution made for the benefit or use of a
    candidate or knowingly make any expenditure in support of
    or opposition to a candidate or for electioneering
    communications in relation to a candidate in violation of
    any limitation designated for contributions and
    expenditures under this Section.
        (5) Where the provisions of this subsection (b-5)
    conflict with any other provision of this Code, this
    subsection (b-5) shall control.
    (c) During an election cycle, a political party committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, or association, or (iii)
$50,000 from a political action committee. A political party
committee may accept contributions in any amount from another
political party committee or a candidate political committee,
except as provided in subsection (c-5). Nothing in this
Section shall limit the amounts that may be transferred
between a political party committee established under
subsection (a) of Section 7-8 of this Code and an affiliated
federal political committee established under the Federal
Election Code by the same political party. A political party
committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee. A political party committee established by a
legislative caucus may not accept contributions from another
political party committee established by a legislative caucus.
    (c-5) During the period beginning on the date candidates
may begin circulating petitions for a primary election and
ending on the day of the primary election, a political party
committee may not accept contributions with an aggregate value
over $50,000 from a candidate political committee or political
party committee. A political party committee may accept
contributions in any amount from a candidate political
committee or political party committee if the political party
committee receiving the contribution filed a statement of
nonparticipation in the primary as provided in subsection
(c-10). The Task Force on Campaign Finance Reform shall study
and make recommendations on the provisions of this subsection
to the Governor and General Assembly by September 30, 2012.
This subsection becomes inoperative on July 1, 2013 and
thereafter no longer applies.
    (c-10) A political party committee that does not intend to
make contributions to candidates to be nominated at a general
primary election or consolidated primary election may file a
Statement of Nonparticipation in a Primary Election with the
Board. The Statement of Nonparticipation shall include a
verification signed by the chairperson and treasurer of the
committee that (i) the committee will not make contributions
or coordinated expenditures in support of or opposition to a
candidate or candidates to be nominated at the general primary
election or consolidated primary election (select one) to be
held on (insert date), (ii) the political party committee may
accept unlimited contributions from candidate political
committees and political party committees, provided that the
political party committee does not make contributions to a
candidate or candidates to be nominated at the primary
election, and (iii) failure to abide by these requirements
shall deem the political party committee in violation of this
Article and subject the committee to a fine of no more than
150% of the total contributions or coordinated expenditures
made by the committee in violation of this Article. This
subsection becomes inoperative on July 1, 2013 and thereafter
no longer applies.
    (d) During an election cycle, a political action committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, political party
committee, or association, or (iii) $50,000 from a political
action committee or candidate political committee. A political
action committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee.
    (e) A ballot initiative committee may accept contributions
in any amount from any source, provided that the committee
files the document required by Section 9-3 of this Article and
files the disclosure reports required by the provisions of
this Article.
    (e-5) An independent expenditure committee may accept
contributions in any amount from any source, provided that the
committee files the document required by Section 9-3 of this
Article and files the disclosure reports required by the
provisions of this Article.
    (e-10) A limited activity committee shall not accept
contributions, except that the officer or a candidate the
committee has designated to support may contribute personal
funds in order to pay for maintenance expenses. A limited
activity committee may only make expenditures that are: (i)
necessary for maintenance of the committee; (ii) for rent or
lease payments until the end of the lease in effect at the time
the officer or candidate is confirmed by the Senate; (iii)
contributions to 501(c)(3) charities; or (iv) returning
contributions to original contributors.
    (f) Nothing in this Section shall prohibit a political
committee from dividing the proceeds of joint fundraising
efforts; provided that no political committee may receive more
than the limit from any one contributor, and provided that an
independent expenditure committee may not conduct joint
fundraising efforts with a candidate political committee or a
political party committee.
    (g) On January 1 of each odd-numbered year, the State
Board of Elections shall adjust the amounts of the
contribution limitations established in this Section for
inflation as determined by the Consumer Price Index for All
Urban Consumers as issued by the United States Department of
Labor and rounded to the nearest $100. The State Board shall
publish this information on its official website.
    (h) Self-funding candidates. If a public official, a
candidate, or the public official's or candidate's immediate
family contributes or loans to the public official's or
candidate's political committee or to other political
committees that transfer funds to the public official's or
candidate's political committee or makes independent
expenditures for the benefit of the public official's or
candidate's campaign during the 12 months prior to an election
in an aggregate amount of more than (i) $250,000 for statewide
office or (ii) $100,000 for all other elective offices, then
the public official or candidate shall file with the State
Board of Elections, within one day, a Notification of
Self-funding that shall detail each contribution or loan made
by the public official, the candidate, or the public
official's or candidate's immediate family. Within 2 business
days after the filing of a Notification of Self-funding, the
notification shall be posted on the Board's website and the
Board shall give official notice of the filing to each
candidate for the same office as the public official or
candidate making the filing, including the public official or
candidate filing the Notification of Self-funding. Notice
shall be sent via first class mail to the candidate and the
treasurer of the candidate's committee. Notice shall also be
sent by e-mail to the candidate and the treasurer of the
candidate's committee if the candidate and the treasurer, as
applicable, have provided the Board with an e-mail address.
Upon posting of the notice on the Board's website, all
candidates for that office, including the public official or
candidate who filed a Notification of Self-funding, shall be
permitted to accept contributions in excess of any
contribution limits imposed by subsection (b). If a public
official or candidate filed a Notification of Self-funding
during an election cycle that includes a general primary
election or consolidated primary election and that public
official or candidate is nominated, all candidates for that
office, including the nominee who filed the notification of
self-funding, shall be permitted to accept contributions in
excess of any contribution limit imposed by subsection (b) for
the subsequent election cycle. For the purposes of this
subsection, "immediate family" means the spouse, parent, or
child of a public official or candidate.
    (h-5) If a natural person or independent expenditure
committee makes independent expenditures in support of or in
opposition to the campaign of a particular public official or
candidate in an aggregate amount of more than (i) $250,000 for
statewide office or (ii) $100,000 for all other elective
offices in an election cycle, as reported in a written
disclosure filed under subsection (a) of Section 9-8.6 or
subsection (e-5) of Section 9-10, then the State Board of
Elections shall, within 2 business days after the filing of
the disclosure, post the disclosure on the Board's website and
give official notice of the disclosure to each candidate for
the same office as the public official or candidate for whose
benefit or detriment the natural person or independent
expenditure committee made independent expenditures. Upon
posting of the notice on the Board's website, all candidates
for that office in that election, including the public
official or candidate for whose benefit or detriment the
natural person or independent expenditure committee made
independent expenditures, shall be permitted to accept
contributions in excess of any contribution limits imposed by
subsection (b).
    (h-10) If the State Board of Elections receives
notification or determines that a natural person or persons,
an independent expenditure committee or committees, or
combination thereof has made independent expenditures in
support of or in opposition to the campaign of a particular
public official or candidate in an aggregate amount of more
than (i) $250,000 for statewide office or (ii) $100,000 for
all other elective offices in an election cycle, then the
Board shall, within 2 business days after discovering the
independent expenditures that, in the aggregate, exceed the
threshold set forth in (i) and (ii) of this subsection, post
notice of this fact on the Board's website and give official
notice to each candidate for the same office as the public
official or candidate for whose benefit or detriment the
independent expenditures were made. Notice shall be sent via
first class mail to the candidate and the treasurer of the
candidate's committee. Notice shall also be sent by e-mail to
the candidate and the treasurer of the candidate's committee
if the candidate and the treasurer, as applicable, have
provided the Board with an e-mail address. Upon posting of the
notice on the Board's website, all candidates of that office
in that election, including the public official or candidate
for whose benefit or detriment the independent expenditures
were made, may accept contributions in excess of any
contribution limits imposed by subsection (b).
    (i) For the purposes of this Section, a corporation, labor
organization, association, or a political action committee
established by a corporation, labor organization, or
association may act as a conduit in facilitating the delivery
to a political action committee of contributions made through
dues, levies, or similar assessments and the political action
committee may report the contributions in the aggregate,
provided that: (i) contributions made through dues, levies, or
similar assessments paid by any natural person, corporation,
labor organization, or association in a calendar year may not
exceed the limits set forth in this Section; (ii) the
corporation, labor organization, association, or a political
action committee established by a corporation, labor
organization, or association facilitating the delivery of
contributions maintains a list of natural persons,
corporations, labor organizations, and associations that paid
the dues, levies, or similar assessments from which the
contributions comprising the aggregate amount derive; and
(iii) contributions made through dues, levies, or similar
assessments paid by any natural person, corporation, labor
organization, or association that exceed $1,000 in a quarterly
reporting period shall be itemized on the committee's
quarterly report and may not be reported in the aggregate. A
political action committee facilitating the delivery of
contributions or receiving contributions shall disclose the
amount of contributions made through dues delivered or
received and the name of the corporation, labor organization,
association, or political action committee delivering the
contributions, if applicable. On January 1 of each
odd-numbered year, the State Board of Elections shall adjust
the amounts of the contribution limitations established in
this subsection for inflation as determined by the Consumer
Price Index for All Urban Consumers as issued by the United
States Department of Labor and rounded to the nearest $100.
The State Board shall publish this information on its official
website.
    (j) A political committee that receives a contribution or
transfer in violation of this Section shall dispose of the
contribution or transfer by returning the contribution or
transfer, or an amount equal to the contribution or transfer,
to the contributor or transferor or donating the contribution
or transfer, or an amount equal to the contribution or
transfer, to a charity. A contribution or transfer received in
violation of this Section that is not disposed of as provided
in this subsection within 30 days after the Board sends
notification to the political committee of the excess
contribution by certified mail shall escheat to the General
Revenue Fund and the political committee shall be deemed in
violation of this Section and subject to a civil penalty not to
exceed 150% of the total amount of the contribution.
    (k) For the purposes of this Section, "statewide office"
means the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
    (l) This Section is repealed if and when the United States
Supreme Court invalidates contribution limits on committees
formed to assist candidates, political parties, corporations,
associations, or labor organizations established by or
pursuant to federal law.
(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022