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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5778 Introduced , by Rep. Kay Hatcher SYNOPSIS AS INTRODUCED:
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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.
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| | A BILL FOR |
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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 Section |
| 5 | | 9-8.5 as follows:
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| 6 | | (10 ILCS 5/9-8.5) |
| 7 | | Sec. 9-8.5. Limitations on campaign contributions. |
| 8 | | (a) It is unlawful for a political committee to accept |
| 9 | | contributions except as provided in this Section. |
| 10 | | (b) During an election cycle, a candidate political |
| 11 | | committee may not accept contributions with an aggregate value |
| 12 | | over the following: (i) $5,000 from any individual, (ii) |
| 13 | | $10,000 from any corporation, labor organization, or |
| 14 | | association, or (iii) $50,000 from a candidate political |
| 15 | | committee or political action committee. A candidate political |
| 16 | | committee may accept contributions in any amount from a |
| 17 | | political party committee except during an election cycle in |
| 18 | | which the candidate seeks nomination at a primary election. |
| 19 | | During an election cycle in which the candidate seeks |
| 20 | | nomination at a primary election, a candidate political |
| 21 | | committee may not accept contributions from political party |
| 22 | | committees with an aggregate value over the following: (i) |
| 23 | | $200,000 for a candidate political committee established to |
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| 1 | | support a candidate seeking nomination or election to statewide |
| 2 | | office, (ii) $125,000 for a candidate political committee |
| 3 | | established to support a candidate seeking nomination or |
| 4 | | election to the Senate, the Supreme Court or Appellate Court in |
| 5 | | the First Judicial District, or an office elected by all voters |
| 6 | | in a county with 1,000,000 or more residents, (iii) $75,000 for |
| 7 | | a candidate political committee established to support a |
| 8 | | candidate seeking nomination or election to the House of |
| 9 | | Representatives, the Supreme Court or Appellate Court for a |
| 10 | | Judicial District other than the First Judicial District, an |
| 11 | | office elected by all voters of a county of fewer than |
| 12 | | 1,000,000 residents, and municipal and county offices in Cook |
| 13 | | County other than those elected by all voters of Cook County, |
| 14 | | and (iv) $50,000 for a candidate political committee |
| 15 | | established to support the nomination or election of a |
| 16 | | candidate to any other office.
A candidate political committee |
| 17 | | established to elect a candidate to the General Assembly may |
| 18 | | accept contributions from only one legislative caucus |
| 19 | | committee. A candidate political committee may not accept |
| 20 | | contributions from a ballot initiative committee or from an
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| 21 | | independent expenditure committee. |
| 22 | | (c) During an election cycle, a political party committee |
| 23 | | may not accept contributions with an aggregate value over the |
| 24 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
| 25 | | any corporation, labor organization, or association, or (iii) |
| 26 | | $50,000 from a political action committee. A political party |
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| 1 | | committee may accept contributions in any amount from another |
| 2 | | political party committee or a candidate political committee, |
| 3 | | except as provided in subsection (c-5). Nothing in this Section |
| 4 | | shall limit the amounts that may be transferred between a |
| 5 | | political party committee established under subsection (a) of |
| 6 | | Section 7-8 of this Code and an affiliated federal political |
| 7 | | committee established under the Federal Election Code by the |
| 8 | | same political party. A political party committee may not |
| 9 | | accept contributions from a ballot initiative committee or from |
| 10 | | an
independent expenditure committee. A political party |
| 11 | | committee established by a legislative caucus may not accept |
| 12 | | contributions from another political party committee |
| 13 | | established by a legislative caucus. |
| 14 | | (c-5) During the period beginning on the date candidates |
| 15 | | may begin circulating petitions for a primary election and |
| 16 | | ending on the day of the primary election, a political party |
| 17 | | committee may not accept contributions with an aggregate value |
| 18 | | over $50,000 from a candidate political committee or political |
| 19 | | party committee. A political party committee may accept |
| 20 | | contributions in any amount from a candidate political |
| 21 | | committee or political party committee if the political party |
| 22 | | committee receiving the contribution filed a statement of |
| 23 | | nonparticipation in the primary as provided in subsection |
| 24 | | (c-10). The Task Force on Campaign Finance Reform shall study |
| 25 | | and make recommendations on the provisions of this subsection |
| 26 | | to the Governor and General Assembly by September 30, 2012. |
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| 1 | | This subsection becomes inoperative on July 1, 2013 and |
| 2 | | thereafter no longer applies. |
| 3 | | (c-10) A political party committee that does not intend to |
| 4 | | make contributions to candidates to be nominated at a general |
| 5 | | primary election or consolidated primary election may file a |
| 6 | | Statement of Nonparticipation in a Primary Election with the |
| 7 | | Board. The Statement of Nonparticipation shall include a |
| 8 | | verification signed by the chairperson and treasurer of the |
| 9 | | committee that (i) the committee will not make contributions or |
| 10 | | coordinated expenditures in support of or opposition to a |
| 11 | | candidate or candidates to be nominated at the general primary |
| 12 | | election or consolidated primary election (select one) to be |
| 13 | | held on (insert date), (ii) the political party committee may |
| 14 | | accept unlimited contributions from candidate political |
| 15 | | committees and political party committees, provided that the |
| 16 | | political party committee does not make contributions to a |
| 17 | | candidate or candidates to be nominated at the primary |
| 18 | | election, and (iii) failure to abide by these requirements |
| 19 | | shall deem the political party committee in violation of this |
| 20 | | Article and subject the committee to a fine of no more than |
| 21 | | 150% of the total contributions or coordinated expenditures |
| 22 | | made by the committee in violation of this Article. This |
| 23 | | subsection becomes inoperative on July 1, 2013 and thereafter |
| 24 | | no longer applies. |
| 25 | | (d) During an election cycle, a political action committee |
| 26 | | may not accept contributions with an aggregate value over the |
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| 1 | | following: (i) $10,000 from any individual, (ii) $20,000 from |
| 2 | | any corporation, labor organization, political party |
| 3 | | committee, or association, or (iii) $50,000 from a political |
| 4 | | action committee or candidate political committee. A political |
| 5 | | action committee may not accept contributions from a ballot |
| 6 | | initiative committee or from an
independent expenditure |
| 7 | | committee. |
| 8 | | (e) A ballot initiative committee may accept contributions |
| 9 | | in any amount from any source, provided that the committee |
| 10 | | files the document required by Section 9-3 of this Article and |
| 11 | | files the disclosure reports required by the provisions of this |
| 12 | | Article. |
| 13 | | (e-5) An independent expenditure committee may accept |
| 14 | | contributions in any amount from any source, provided that the |
| 15 | | committee files the document required by Section 9-3 of this |
| 16 | | Article and files the disclosure reports required by the |
| 17 | | provisions of this Article. |
| 18 | | (f) Nothing in this Section shall prohibit a political |
| 19 | | committee from dividing the proceeds of joint fundraising |
| 20 | | efforts; provided that no political committee may receive more |
| 21 | | than the limit from any one contributor, and provided that an |
| 22 | | independent
expenditure committee may not conduct joint |
| 23 | | fundraising efforts with a
candidate political committee or a |
| 24 | | political party committee. |
| 25 | | (g) On January 1 of each odd-numbered year, the State Board |
| 26 | | of Elections shall adjust the amounts of the contribution |
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| 1 | | limitations established in this Section for inflation as |
| 2 | | determined by the Consumer Price Index for All Urban Consumers |
| 3 | | as issued by the United States Department of Labor and rounded |
| 4 | | to the nearest $100. The State Board shall publish this |
| 5 | | information on its official website. |
| 6 | | (h) Self-funding candidates. If a public official, a |
| 7 | | candidate, or the public official's or candidate's immediate |
| 8 | | family contributes or loans to the public official's or |
| 9 | | candidate's political committee or to other political |
| 10 | | committees that transfer funds to the public official's or |
| 11 | | candidate's political committee or makes independent |
| 12 | | expenditures for the benefit of the public official's or |
| 13 | | candidate's campaign during the 12 months prior to an election |
| 14 | | in an aggregate amount of more than (i) $250,000 for statewide |
| 15 | | office or (ii) $100,000 for all other elective offices, then |
| 16 | | the public official or candidate shall file with the State |
| 17 | | Board of Elections, within one day, a Notification of |
| 18 | | Self-funding that shall detail each contribution or loan made |
| 19 | | by the public official, the candidate, or the public official's |
| 20 | | or candidate's immediate family. Within 2 business days after |
| 21 | | the filing of a Notification of Self-funding, the notification |
| 22 | | shall be posted on the Board's website and the Board shall give |
| 23 | | official notice of the filing to each candidate for the same |
| 24 | | office as the public official or candidate making the filing, |
| 25 | | including the public official or candidate filing the |
| 26 | | Notification of Self-funding. Notice shall be sent via first |
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| 1 | | class mail to the candidate and the treasurer of the |
| 2 | | candidate's committee. Notice shall also be sent by e-mail to |
| 3 | | the candidate and the treasurer of the candidate's committee if |
| 4 | | the candidate and the treasurer, as applicable, have provided |
| 5 | | the Board with an e-mail address. Upon posting of the notice on |
| 6 | | the Board's website, all candidates for that office, including |
| 7 | | the public official or candidate who filed a Notification of |
| 8 | | Self-funding, shall be permitted to accept contributions in |
| 9 | | excess of any contribution limits imposed by subsection (b). If |
| 10 | | a public official or candidate filed a Notification of |
| 11 | | Self-funding during an election cycle that includes a general |
| 12 | | primary election or consolidated primary election and that |
| 13 | | public official or candidate is nominated, all candidates for |
| 14 | | that office, including the nominee who filed the notification |
| 15 | | of self-funding, shall be permitted to accept contributions in |
| 16 | | excess of any contribution limit imposed by subsection (b) for |
| 17 | | the subsequent election cycle. For the purposes of this |
| 18 | | subsection, "immediate family" means the spouse, parent, or |
| 19 | | child of a public official or candidate. |
| 20 | | (h-5) If a natural person or independent expenditure |
| 21 | | committee makes independent expenditures in support of or in |
| 22 | | opposition to the campaign of a particular public official or |
| 23 | | candidate in an aggregate amount of more than (i) $250,000 for |
| 24 | | statewide office or (ii) $100,000 for all other elective |
| 25 | | offices in an election cycle, as reported in a written |
| 26 | | disclosure filed under subsection (a) of Section 9-8.6 or |
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| 1 | | subsection (e-5) of Section 9-10, then the State Board of |
| 2 | | Elections shall, within 2 business days after the filing of the |
| 3 | | disclosure, post the disclosure on the Board's website and give |
| 4 | | official notice of the disclosure to each candidate for the |
| 5 | | same office as the public official or candidate for whose |
| 6 | | benefit or detriment the natural person or independent |
| 7 | | expenditure committee made independent expenditures. Upon |
| 8 | | posting of the notice on the Board's website, all candidates |
| 9 | | for that office in that election, including the public official |
| 10 | | or candidate for whose benefit or detriment the natural person |
| 11 | | or independent expenditure committee made independent |
| 12 | | expenditures, shall be permitted to accept contributions in |
| 13 | | excess of any contribution limits imposed by subsection (b). |
| 14 | | (h-10) If the State Board of Elections receives |
| 15 | | notification or determines that a natural person or persons, an |
| 16 | | independent expenditure committee or committees, or |
| 17 | | combination thereof has made independent expenditures in |
| 18 | | support of or in opposition to the campaign of a particular |
| 19 | | public official or candidate in an aggregate amount of more |
| 20 | | than (i) $250,000 for statewide office or (ii) $100,000 for all |
| 21 | | other elective offices in an election cycle, then the Board |
| 22 | | shall, within 2 business days after discovering the independent |
| 23 | | expenditures that, in the aggregate, exceed the threshold set |
| 24 | | forth in (i) and (ii) of this subsection, post notice of this |
| 25 | | fact on the Board's website and give official notice to each |
| 26 | | candidate for the same office as the public official or |
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| 1 | | candidate for whose benefit or detriment the independent |
| 2 | | expenditures were made. Notice shall be sent via first class |
| 3 | | mail to the candidate and the treasurer of the candidate's |
| 4 | | committee. Notice shall also be sent by e-mail to the candidate |
| 5 | | and the treasurer of the candidate's committee if the candidate |
| 6 | | and the treasurer, as applicable, have provided the Board with |
| 7 | | an e-mail address. Upon posting of the notice on the Board's |
| 8 | | website, all candidates of that office in that election, |
| 9 | | including the public official or candidate for whose benefit or |
| 10 | | detriment the independent expenditures were made, may accept |
| 11 | | contributions in excess of any contribution limits imposed by |
| 12 | | subsection (b). |
| 13 | | (i) For the purposes of this Section, a corporation, labor |
| 14 | | organization, association, or a political action committee |
| 15 | | established by a corporation, labor organization, or |
| 16 | | association may act as a conduit in facilitating the delivery |
| 17 | | to a political action committee of contributions made through |
| 18 | | dues, levies, or similar assessments and the political action |
| 19 | | committee may report the contributions in the aggregate, |
| 20 | | provided that: (i) contributions made through dues, levies, or |
| 21 | | similar assessments paid by any natural person, corporation, |
| 22 | | labor organization, or association in a calendar year may not |
| 23 | | exceed the limits set forth in this Section; (ii) the |
| 24 | | corporation, labor organization, association, or a political |
| 25 | | action committee established by a corporation, labor |
| 26 | | organization, or association facilitating the delivery of |
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| 1 | | contributions maintains a list of natural persons, |
| 2 | | corporations, labor organizations, and associations that paid |
| 3 | | the dues, levies, or similar assessments from which the |
| 4 | | contributions comprising the aggregate amount derive; and |
| 5 | | (iii) contributions made through dues, levies, or similar |
| 6 | | assessments paid by any natural person, corporation, labor |
| 7 | | organization, or association that exceed $500 in a quarterly |
| 8 | | reporting period shall be itemized on the committee's quarterly |
| 9 | | report and may not be reported in the aggregate. A political |
| 10 | | action committee facilitating the delivery of contributions or |
| 11 | | receiving contributions shall disclose the amount of |
| 12 | | contributions made through dues delivered or received and the |
| 13 | | name of the corporation, labor organization, association, or |
| 14 | | political action committee delivering the contributions, if |
| 15 | | applicable. On January 1 of each odd-numbered year, the State |
| 16 | | Board of Elections shall adjust the amounts of the contribution |
| 17 | | limitations established in this subsection for inflation as |
| 18 | | determined by the Consumer Price Index for All Urban Consumers |
| 19 | | as issued by the United States Department of Labor and rounded |
| 20 | | to the nearest $100. The State Board shall publish this |
| 21 | | information on its official website. |
| 22 | | (j) A political committee that receives a contribution or |
| 23 | | transfer in violation of this Section shall dispose of the |
| 24 | | contribution or transfer by returning the contribution or |
| 25 | | transfer, or an amount equal to the contribution or transfer, |
| 26 | | to the contributor or transferor or donating the contribution |
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| 1 | | or transfer, or an amount equal to the contribution or |
| 2 | | transfer, to a charity. A contribution or transfer received in |
| 3 | | violation of this Section that is not disposed of as provided |
| 4 | | in this subsection within 30 days after the Board sends |
| 5 | | notification to the political committee of the excess |
| 6 | | contribution by certified mail shall escheat to the General |
| 7 | | Revenue Fund and the political committee shall be deemed in |
| 8 | | violation of this Section and subject to a civil penalty not to |
| 9 | | exceed 150% of the total amount of the contribution. |
| 10 | | (k) For the purposes of this Section, "statewide office" |
| 11 | | means the Governor, Lieutenant Governor, Attorney General, |
| 12 | | Secretary of State, Comptroller, and Treasurer. |
| 13 | | (l) This Section is repealed if and when the United States |
| 14 | | Supreme Court invalidates contribution limits on committees |
| 15 | | formed to assist candidates, political parties, corporations, |
| 16 | | associations, or labor organizations established by or |
| 17 | | pursuant to federal law.
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| 18 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
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| 19 | | Section 99. Effective date. This Act takes effect upon |
| 20 | | becoming law.
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