Bill Text: IL HB4119 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Election Code. Prohibits a political committee from making certain expenditures to provide a defense in any criminal case or a defense in a civil case against any claims that a person has committed misconduct in his or her capacity as a public official, any claims of sexual harassment, or any claims of discrimination. Requires that a person found to have used campaign contributions in violation of the Code shall return contributions to the contributor or pay to the State if the contributor cannot be identified or reimbursed. Requires the political committee to include information on the contributions returned to the contributor or paid to the State in the committee's quarterly report to the State Board of Elections.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4119 Detail]
Download: Illinois-2023-HB4119-Introduced.html
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| 1 | AN ACT concerning elections.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||
| 5 | Section 9-8.10 and by adding Section 9-33 as follows:
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| 6 | (10 ILCS 5/9-8.10)
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| 7 | Sec. 9-8.10. Use of political committee and other | |||||||||||||||||||||
| 8 | reporting organization
funds.
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| 9 | (a) A political committee shall
not
make
expenditures:
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| 10 | (1) In violation of any law of the United States or of | |||||||||||||||||||||
| 11 | this State.
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| 12 | (2) Clearly in excess of the fair market value of the | |||||||||||||||||||||
| 13 | services,
materials, facilities,
or other things of value | |||||||||||||||||||||
| 14 | received in exchange.
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| 15 | (3) For satisfaction or repayment of any debts other | |||||||||||||||||||||
| 16 | than loans made to
the
committee or to the public official | |||||||||||||||||||||
| 17 | or candidate on behalf of the committee or
repayment of | |||||||||||||||||||||
| 18 | goods
and services purchased by the committee under a | |||||||||||||||||||||
| 19 | credit
agreement. Nothing in this Section authorizes the | |||||||||||||||||||||
| 20 | use of campaign funds to
repay personal loans. The | |||||||||||||||||||||
| 21 | repayments shall be made by check written to the
person | |||||||||||||||||||||
| 22 | who made the loan or credit agreement. The terms and | |||||||||||||||||||||
| 23 | conditions of any
loan or credit agreement to a
committee | |||||||||||||||||||||
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| 1 | shall be set forth in a written agreement, including but | ||||||
| 2 | not limited
to the
method and
amount of repayment, that | ||||||
| 3 | shall be executed by the chair or treasurer of the
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| 4 | committee at the time of the loan or credit agreement. The | ||||||
| 5 | loan or agreement
shall also
set forth the rate of | ||||||
| 6 | interest for the loan, if any, which may not
substantially | ||||||
| 7 | exceed the
prevailing market interest rate at the time the | ||||||
| 8 | agreement is executed.
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| 9 | (4) For the satisfaction or repayment of any debts or | ||||||
| 10 | for the payment of
any expenses relating to a personal | ||||||
| 11 | residence.
Campaign funds may not be used as collateral | ||||||
| 12 | for home mortgages.
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| 13 | (5) For clothing or personal laundry expenses, except | ||||||
| 14 | clothing items
rented by
the public official or candidate
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| 15 | for his or her own use exclusively for a specific | ||||||
| 16 | campaign-related event,
provided that
committees may | ||||||
| 17 | purchase costumes, novelty items, or other accessories | ||||||
| 18 | worn
primarily to
advertise the candidacy.
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| 19 | (6) For the travel expenses of
any person unless the | ||||||
| 20 | travel is necessary for fulfillment of political,
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| 21 | governmental, or public policy duties, activities, or | ||||||
| 22 | purposes.
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| 23 | (7) For membership or club dues charged by | ||||||
| 24 | organizations, clubs, or
facilities that
are primarily | ||||||
| 25 | engaged in providing health, exercise, or recreational | ||||||
| 26 | services;
provided,
however, that funds received under | ||||||
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| 1 | this Article may be used to rent the clubs
or facilities
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| 2 | for a specific campaign-related event.
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| 3 | (8) In payment for anything of value or for | ||||||
| 4 | reimbursement of any
expenditure for
which any person has | ||||||
| 5 | been reimbursed by the State or any person.
For purposes | ||||||
| 6 | of this item (8), a per diem allowance is not a | ||||||
| 7 | reimbursement.
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| 8 | (9) For the lease or purchase of or installment | ||||||
| 9 | payment for a motor vehicle unless
the political committee | ||||||
| 10 | can demonstrate the vehicle will be used primarily for | ||||||
| 11 | campaign
purposes or
for the performance of governmental | ||||||
| 12 | duties. Nothing in this paragraph prohibits a political | ||||||
| 13 | committee from using political funds to make expenditures | ||||||
| 14 | related to vehicles not purchased or leased by a political | ||||||
| 15 | committee, provided the expenditure relates to the use of | ||||||
| 16 | the vehicle for primarily campaign purposes or the | ||||||
| 17 | performance of governmental duties. Persons using vehicles | ||||||
| 18 | not purchased or leased by a
political committee may be | ||||||
| 19 | reimbursed for actual mileage for the use of the
vehicle | ||||||
| 20 | for campaign purposes or for the performance of | ||||||
| 21 | governmental duties.
The mileage reimbursements shall be | ||||||
| 22 | made at a rate not to exceed the standard
mileage rate | ||||||
| 23 | method for computation of business expenses under the | ||||||
| 24 | Internal
Revenue Code.
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| 25 | (10) Directly for an individual's tuition or other | ||||||
| 26 | educational expenses,
except for governmental or political | ||||||
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| 1 | purposes directly related to a candidate's
or public | ||||||
| 2 | official's duties and responsibilities.
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| 3 | (11) For payments to a public official or candidate or | ||||||
| 4 | his or her
family member unless
for compensation for | ||||||
| 5 | services actually rendered by that person. The provisions | ||||||
| 6 | of this item (11) do not apply to expenditures by a | ||||||
| 7 | political committee for expenses related to providing | ||||||
| 8 | childcare for a minor child or care for a dependent family | ||||||
| 9 | member if the care is reasonably necessary for the public | ||||||
| 10 | official or candidate to fulfill political or governmental | ||||||
| 11 | duties.
The provisions of this item (11) do not apply to | ||||||
| 12 | expenditures by a
political committee in an aggregate
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| 13 | amount not exceeding the amount of funds reported to and | ||||||
| 14 | certified by the State
Board or county clerk as available | ||||||
| 15 | as of June 30, 1998, in the semi-annual
report of
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| 16 | contributions and expenditures filed by the
political | ||||||
| 17 | committee for the period concluding June 30, 1998.
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| 18 | (12) For payments to attorneys, expert witnesses, | ||||||
| 19 | investigators, or others to provide a defense in a | ||||||
| 20 | criminal case.
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| 21 | (13) For payments to attorneys, expert witnesses, | ||||||
| 22 | investigators, or others to provide a defense in a civil | ||||||
| 23 | case against any claims that a person has committed | ||||||
| 24 | misconduct in his or her capacity as a public official, | ||||||
| 25 | any claims of sexual harassment, or any claims of | ||||||
| 26 | discrimination. | ||||||
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| 1 | (b) The Board shall have the authority to investigate, | ||||||
| 2 | upon
receipt of a verified complaint, violations of the | ||||||
| 3 | provisions of this Section.
The Board may levy a fine
on any | ||||||
| 4 | person who knowingly makes expenditures in violation of this | ||||||
| 5 | Section and
on any person who knowingly makes a malicious and | ||||||
| 6 | false accusation of a
violation of this Section.
The Board may | ||||||
| 7 | act under this subsection only upon the affirmative vote of at
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| 8 | least 5 of its members. The fine shall not
exceed $500 for each | ||||||
| 9 | expenditure of $500 or less and shall not exceed the
amount of | ||||||
| 10 | the
expenditure plus $500 for each expenditure greater than | ||||||
| 11 | $500. The Board shall
also
have the authority
to render | ||||||
| 12 | rulings and issue opinions relating to compliance with this
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| 13 | Section.
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| 14 | (c) Nothing in this Section prohibits the expenditure of | ||||||
| 15 | funds of a
political
committee controlled by an officeholder | ||||||
| 16 | or by a candidate to defray the customary and reasonable | ||||||
| 17 | expenses of an
officeholder in
connection with the performance | ||||||
| 18 | of governmental and public service functions.
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| 19 | (d) Nothing in this Section prohibits the funds of a | ||||||
| 20 | political committee which is controlled by a person convicted | ||||||
| 21 | of a violation of any of the offenses listed in subsection (a) | ||||||
| 22 | of Section 10 of the Public Corruption Profit Forfeiture Act | ||||||
| 23 | from being forfeited to the State under Section 15 of the | ||||||
| 24 | Public Corruption Profit Forfeiture Act. | ||||||
| 25 | (Source: P.A. 102-15, eff. 6-17-21.)
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| 1 | (10 ILCS 5/9-33 new) | ||||||
| 2 | Sec. 9-33. Forfeiture of political contribution. If a | ||||||
| 3 | person is found to have used campaign contributions in | ||||||
| 4 | violation of this Code, all contributions and other receipts | ||||||
| 5 | held at the time of forfeiture by a political committee | ||||||
| 6 | controlled by that person shall, within 30 days from the date | ||||||
| 7 | of a final decision by the State Board of Elections of the | ||||||
| 8 | finding of the violation, be returned to the contributor, if | ||||||
| 9 | possible, or be paid to the State if the contributor cannot be | ||||||
| 10 | identified or reimbursed. Payments received by the State | ||||||
| 11 | pursuant to this Section shall be deposited into the General | ||||||
| 12 | Revenue Fund. | ||||||
| 13 | Information on contributions returned to the contributor | ||||||
| 14 | or paid to the State under this Section shall be included in | ||||||
| 15 | the political committee's quarterly report required under | ||||||
| 16 | subsection (b) of Section 9-10.
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