Bill Text: IL HB5778 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the Election Code. With respect to campaign contributions to a candidate political committee from a political party political committee, makes the limits that apply during a general primary election cycle apply during any election cycle. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5778 Detail]

Download: Illinois-2013-HB5778-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5778 Introduced , by Rep. Kay Hatcher SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-8.5
Amends the Election Code. With respect to campaign contributions to a candidate political committee from a political party political committee, makes the limits that apply during a general primary election cycle apply during any election cycle. Effective immediately.
LRB098 17599 MGM 52710 b
A BILL FOR
HB5778 LRB098 17599 MGM 52710 b
AN ACT concerning elections.
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 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
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

HB5778 - 2 - LRB098 17599 MGM 52710 b
support a candidate seeking nomination or election to statewide
office, (ii) $125,000 for a candidate political committee
established to support a candidate seeking nomination or
election 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 or election 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 or election 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.
(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

HB5778 - 3 - LRB098 17599 MGM 52710 b
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.

HB5778 - 4 - LRB098 17599 MGM 52710 b
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

HB5778 - 5 - LRB098 17599 MGM 52710 b
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
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

HB5778 - 6 - LRB098 17599 MGM 52710 b
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

HB5778 - 7 - LRB098 17599 MGM 52710 b
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

HB5778 - 8 - LRB098 17599 MGM 52710 b
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

HB5778 - 9 - LRB098 17599 MGM 52710 b
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

HB5778 - 10 - LRB098 17599 MGM 52710 b
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 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

HB5778 - 11 - LRB098 17599 MGM 52710 b
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. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.