Bill Amendment: IL HB3482 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELEC CD-INDEP EXPENDITURE

Status: 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB3482 Detail]

Download: Illinois-2021-HB3482-House_Amendment_001.html

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Rep. Denyse Stoneback

Filed: 3/19/2021

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AMENDMENT TO HOUSE BILL 3482
AMENDMENT NO. ______. Amend House Bill 3482 by replacing
everything after the enacting clause with the following:
"Section 5. The Election Code is amended by changing
Sections 9-8.5 and 9-8.6 as follows:
(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

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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

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independent expenditure committee.
(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

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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

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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.
(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

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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

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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.

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(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

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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

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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 $500 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

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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.

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(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
(10 ILCS 5/9-8.6)
Sec. 9-8.6. Independent expenditures.
(a) An independent expenditure is not considered a
contribution to a political committee. An expenditure made by
a natural person or political committee for an electioneering
communication in connection, consultation, or concert with or
at the request or suggestion of the public official or
candidate, the public official's or candidate's candidate
political committee, or the agent or agents of the public
official, candidate, or political committee or campaign shall
not be considered an independent expenditure but rather shall
be considered a contribution to the public official's or
candidate's candidate political committee. A natural person
who makes an independent expenditure supporting or opposing a
public official or candidate that, alone or in combination
with any other independent expenditure made by that natural
person supporting or opposing that public official or
candidate during any 12-month period, equals an aggregate
value of at least $3,000 must file a written disclosure with
the State Board of Elections within 2 business days after
making any expenditure that results in the natural person
meeting or exceeding the $3,000 threshold. A natural person
who has made a written disclosure with the State Board of
Elections shall have a continuing obligation to report further

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expenditures in relation to the same election, in $1,000
increments, to the State Board until the conclusion of that
election. A natural person who makes an independent
expenditure supporting or opposing a public official or
candidate that, alone or in combination with any other
independent expenditure made by that natural person supporting
or opposing that public official or candidate during the
election cycle, equals an aggregate value of more than (i)
$250,000 for statewide office or (ii) $100,000 for all other
elective offices must file a written disclosure with the State
Board of Elections within 2 business days after making any
expenditure that results in the natural person exceeding the
applicable threshold. Each disclosure must identify the
natural person, the public official or candidate supported or
opposed, the date, amount, and nature of each independent
expenditure, and the natural person's occupation and employer.
(b) Any entity other than a natural person that makes
expenditures of any kind in an aggregate amount exceeding
$3,000 during any 12-month period supporting or opposing a
public official or candidate must organize as a political
committee in accordance with this Article.
(c) Every political committee that makes independent
expenditures must report all such independent expenditures as
required under Section 9-10 of this Article.
(d) In the event that a political committee organized as
an independent expenditure committee makes a contribution to

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any other political committee other than another independent
expenditure committee or a ballot initiative committee, the
State Board shall assess a fine equal to the amount of any
contribution received in the preceding 2 years by the
independent expenditure committee that exceeded the limits for
a political action committee set forth in subsection (d) of
Section 9-8.5.
(e) As used in this Section:
"Independent expenditure" means any payment, gift,
donation, or expenditure of funds by a natural person or
political committee expressly advocating for or against the
nomination, election, retention, or defeat of a
clearly-identified candidate or public official that is not
made in coordination with and does not have the prior express
written consent of the public official or candidate.
A communication is considered "in coordination with" a
public official or candidate when the communication: (1) is
paid for, in whole or in part, by a person other than the
public official, candidate, the public official's or
candidate's political committee, or a political party
committee; (2) satisfies at least one of the content standards
in subsection (h); and (3) satisfies at least one of the
conduct standards in subsection (i).
(f) Any expenditure made by a third party to a candidate's
or public official's political committee that does not have
the prior written consent of the candidate or public official

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may not be considered an in-kind donation and is not required
to be reported by the candidate's or public official's
political committee to the State Board of Elections.
(g) An expenditure made by a natural person or political
committee for an electioneering communication or to expressly
advocate for or against the nomination for election, election,
retention, or defeat of a clearly identifiable public official
or candidate may not be considered an independent expenditure
if the communication or advocacy republishes, disseminates, or
shares campaign materials or information provided, designed,
or prepared by the public official or candidate, the public
official's or candidate's political committee, or the agent of
the public official, candidate, or political committee or
campaign, unless the campaign materials are based upon a
candidate's or public official's response to an inquiry about
that candidate's or public official's position on legislative
or policy issues affecting the natural person or political
committee making the expenditure, provided that the response
to the inquiry does not include discussion of campaign needs,
plans, strategy, or research.
(h) Any one of the following types of content satisfies
the content standard of this Section, whether or not there is
agreement or formal collaboration between the parties
involved:
(1) a communication that expressly advocates the
election, nomination, retention, or defeat of a clearly

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identified public official or candidate;
(2) a communication that is an electioneering
communication, as defined in Section 9-1.14;
(3) a public communication that republishes,
disseminates, or distributes, in whole or in part,
campaign materials prepared by a public official,
candidate, or the public official's or candidate's
political committee.
(i) Any one of the following types of conduct satisfies
the conduct standard of this Section:
(1) the communication is created, produced, or
distributed at the request or suggestion of a public
official or candidate;
(2) the communication is created, produced, or
distributed at the suggestion of the person or committee
paying for the communication, and the public official or
candidate affirmatively assents to the suggestion;
(3) the public official or candidate is materially
involved in a decision regarding the content, intended
audience, means or mode of communication, specific media
outlet used, timing, frequency, size, or prominence of a
communication;
(4) if the communication is created, produced, or
distributed after one or more substantial discussions
about the communication between the person or committee
paying for the communication or the employees or agents of

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that person and the public official or candidate; or
(5) if:
(A) the person paying for the communication or
someone who is affiliated with the payor of the
communication contracts with or employs a commercial
vendor to create, produce, or distribute the
communication;
(B) the commercial vendor, including any officer,
owner, or employee of the vendor, has a previous or
current relationship with the candidate or political
party committee that puts the commercial vendor in a
position to acquire information about the campaign
plans, projects, activities, or needs of the candidate
or political party committee; and
(C) the commercial vendor uses or conveys
information about the campaign plans, projects,
activities, or needs of the candidate or political
party committee, or information previously used by the
commercial vendor in serving the candidate or
political party committee, to the person paying for
the communication or someone who is affiliated with
the payor of the communication, and that information
is material to the creation, production, or
distribution of the communication.
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)".