|
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(g) This Section is repealed on July 1, 2024.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, |
