Bill Text: IL SB1406 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Election Code. Provides that if a public official candidate submits a Notification of Self-funding to the State Board of Elections, all other public officials or candidates, but not the public official or candidate who submitted the notification, shall be permitted to accept contributions in excess of the limits imposed by the Code (rather than allowing all public officials or candidates, including the public official or candidate who submitted the notification, shall be permitted to accept contributions in excess of the limits).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-05-05 - Rule 3-9(a) / Re-referred to Assignments [SB1406 Detail]

Download: Illinois-2017-SB1406-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1406

Introduced 2/9/2017, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-8.5

Amends the Election Code. Provides that if a public official candidate submits a Notification of Self-funding to the State Board of Elections, all other public officials or candidates, but not the public official or candidate who submitted the notification, shall be permitted to accept contributions in excess of the limits imposed by the Code (rather than allowing all public officials or candidates, including the public official or candidate who submitted the notification, shall be permitted to accept contributions in excess of the limits).
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A BILL FOR

SB1406LRB100 08659 MLM 18794 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing Section
59-8.5 as follows:
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
9contributions except as provided in this Section.
10 (b) During an election cycle, a candidate political
11committee may not accept contributions with an aggregate value
12over the following: (i) $5,000 from any individual, (ii)
13$10,000 from any corporation, labor organization, or
14association, or (iii) $50,000 from a candidate political
15committee or political action committee. A candidate political
16committee may accept contributions in any amount from a
17political party committee except during an election cycle in
18which the candidate seeks nomination at a primary election.
19During an election cycle in which the candidate seeks
20nomination at a primary election, a candidate political
21committee may not accept contributions from political party
22committees with an aggregate value over the following: (i)
23$200,000 for a candidate political committee established to

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1support a candidate seeking nomination to statewide office,
2(ii) $125,000 for a candidate political committee established
3to support a candidate seeking nomination to the Senate, the
4Supreme Court or Appellate Court in the First Judicial
5District, or an office elected by all voters in a county with
61,000,000 or more residents, (iii) $75,000 for a candidate
7political committee established to support a candidate seeking
8nomination to the House of Representatives, the Supreme Court
9or Appellate Court for a Judicial District other than the First
10Judicial District, an office elected by all voters of a county
11of fewer than 1,000,000 residents, and municipal and county
12offices in Cook County other than those elected by all voters
13of Cook County, and (iv) $50,000 for a candidate political
14committee established to support the nomination of a candidate
15to any other office. A candidate political committee
16established to elect a candidate to the General Assembly may
17accept contributions from only one legislative caucus
18committee. A candidate political committee may not accept
19contributions from a ballot initiative committee or from an
20independent expenditure committee.
21 (c) During an election cycle, a political party committee
22may not accept contributions with an aggregate value over the
23following: (i) $10,000 from any individual, (ii) $20,000 from
24any corporation, labor organization, or association, or (iii)
25$50,000 from a political action committee. A political party
26committee may accept contributions in any amount from another

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1political party committee or a candidate political committee,
2except as provided in subsection (c-5). Nothing in this Section
3shall limit the amounts that may be transferred between a
4political party committee established under subsection (a) of
5Section 7-8 of this Code and an affiliated federal political
6committee established under the Federal Election Code by the
7same political party. A political party committee may not
8accept contributions from a ballot initiative committee or from
9an independent expenditure committee. A political party
10committee established by a legislative caucus may not accept
11contributions from another political party committee
12established by a legislative caucus.
13 (c-5) During the period beginning on the date candidates
14may begin circulating petitions for a primary election and
15ending on the day of the primary election, a political party
16committee may not accept contributions with an aggregate value
17over $50,000 from a candidate political committee or political
18party committee. A political party committee may accept
19contributions in any amount from a candidate political
20committee or political party committee if the political party
21committee receiving the contribution filed a statement of
22nonparticipation in the primary as provided in subsection
23(c-10). The Task Force on Campaign Finance Reform shall study
24and make recommendations on the provisions of this subsection
25to the Governor and General Assembly by September 30, 2012.
26This subsection becomes inoperative on July 1, 2013 and

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1thereafter no longer applies.
2 (c-10) A political party committee that does not intend to
3make contributions to candidates to be nominated at a general
4primary election or consolidated primary election may file a
5Statement of Nonparticipation in a Primary Election with the
6Board. The Statement of Nonparticipation shall include a
7verification signed by the chairperson and treasurer of the
8committee that (i) the committee will not make contributions or
9coordinated expenditures in support of or opposition to a
10candidate or candidates to be nominated at the general primary
11election or consolidated primary election (select one) to be
12held on (insert date), (ii) the political party committee may
13accept unlimited contributions from candidate political
14committees and political party committees, provided that the
15political party committee does not make contributions to a
16candidate or candidates to be nominated at the primary
17election, and (iii) failure to abide by these requirements
18shall deem the political party committee in violation of this
19Article and subject the committee to a fine of no more than
20150% of the total contributions or coordinated expenditures
21made by the committee in violation of this Article. This
22subsection becomes inoperative on July 1, 2013 and thereafter
23no longer applies.
24 (d) During an election cycle, a political action committee
25may not accept contributions with an aggregate value over the
26following: (i) $10,000 from any individual, (ii) $20,000 from

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1any corporation, labor organization, political party
2committee, or association, or (iii) $50,000 from a political
3action committee or candidate political committee. A political
4action committee may not accept contributions from a ballot
5initiative committee or from an independent expenditure
6committee.
7 (e) A ballot initiative committee may accept contributions
8in any amount from any source, provided that the committee
9files the document required by Section 9-3 of this Article and
10files the disclosure reports required by the provisions of this
11Article.
12 (e-5) An independent expenditure committee may accept
13contributions in any amount from any source, provided that the
14committee files the document required by Section 9-3 of this
15Article and files the disclosure reports required by the
16provisions of this Article.
17 (f) Nothing in this Section shall prohibit a political
18committee from dividing the proceeds of joint fundraising
19efforts; provided that no political committee may receive more
20than the limit from any one contributor, and provided that an
21independent expenditure committee may not conduct joint
22fundraising efforts with a candidate political committee or a
23political party committee.
24 (g) On January 1 of each odd-numbered year, the State Board
25of Elections shall adjust the amounts of the contribution
26limitations established in this Section for inflation as

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1determined by the Consumer Price Index for All Urban Consumers
2as issued by the United States Department of Labor and rounded
3to the nearest $100. The State Board shall publish this
4information on its official website.
5 (h) Self-funding candidates. If a public official, a
6candidate, or the public official's or candidate's immediate
7family contributes or loans to the public official's or
8candidate's political committee or to other political
9committees that transfer funds to the public official's or
10candidate's political committee or makes independent
11expenditures for the benefit of the public official's or
12candidate's campaign during the 12 months prior to an election
13in an aggregate amount of more than (i) $250,000 for statewide
14office or (ii) $100,000 for all other elective offices, then
15the public official or candidate shall file with the State
16Board of Elections, within one day, a Notification of
17Self-funding that shall detail each contribution or loan made
18by the public official, the candidate, or the public official's
19or candidate's immediate family. Within 2 business days after
20the filing of a Notification of Self-funding, the notification
21shall be posted on the Board's website and the Board shall give
22official notice of the filing to each candidate for the same
23office as the public official or candidate making the filing,
24including the public official or candidate filing the
25Notification of Self-funding. Notice shall be sent via first
26class mail to the candidate and the treasurer of the

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1candidate's committee. Notice shall also be sent by e-mail to
2the candidate and the treasurer of the candidate's committee if
3the candidate and the treasurer, as applicable, have provided
4the Board with an e-mail address. Upon posting of the notice on
5the Board's website, all other candidates for that office, but
6not including the public official or candidate who filed a
7Notification of Self-funding, shall be permitted to accept
8contributions in excess of any contribution limits imposed by
9subsection (b). If a public official or candidate filed a
10Notification of Self-funding during an election cycle that
11includes a general primary election or consolidated primary
12election and that public official or candidate is nominated,
13all other candidates for that office, but not including the
14nominee who filed the notification of self-funding, shall be
15permitted to accept contributions in excess of any contribution
16limit imposed by subsection (b) for the subsequent election
17cycle. For the purposes of this subsection, "immediate family"
18means the spouse, parent, or child of a public official or
19candidate.
20 (h-5) If a natural person or independent expenditure
21committee makes independent expenditures in support of or in
22opposition to the campaign of a particular public official or
23candidate in an aggregate amount of more than (i) $250,000 for
24statewide office or (ii) $100,000 for all other elective
25offices in an election cycle, as reported in a written
26disclosure filed under subsection (a) of Section 9-8.6 or

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1subsection (e-5) of Section 9-10, then the State Board of
2Elections shall, within 2 business days after the filing of the
3disclosure, post the disclosure on the Board's website and give
4official notice of the disclosure to each candidate for the
5same office as the public official or candidate for whose
6benefit or detriment the natural person or independent
7expenditure committee made independent expenditures. Upon
8posting of the notice on the Board's website, all candidates
9for that office in that election, including the public official
10or candidate for whose benefit or detriment the natural person
11or independent expenditure committee made independent
12expenditures, shall be permitted to accept contributions in
13excess of any contribution limits imposed by subsection (b).
14 (h-10) If the State Board of Elections receives
15notification or determines that a natural person or persons, an
16independent expenditure committee or committees, or
17combination thereof has made independent expenditures in
18support of or in opposition to the campaign of a particular
19public official or candidate in an aggregate amount of more
20than (i) $250,000 for statewide office or (ii) $100,000 for all
21other elective offices in an election cycle, then the Board
22shall, within 2 business days after discovering the independent
23expenditures that, in the aggregate, exceed the threshold set
24forth in (i) and (ii) of this subsection, post notice of this
25fact on the Board's website and give official notice to each
26candidate for the same office as the public official or

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1candidate for whose benefit or detriment the independent
2expenditures were made. Notice shall be sent via first class
3mail to the candidate and the treasurer of the candidate's
4committee. Notice shall also be sent by e-mail to the candidate
5and the treasurer of the candidate's committee if the candidate
6and the treasurer, as applicable, have provided the Board with
7an e-mail address. Upon posting of the notice on the Board's
8website, all candidates of that office in that election,
9including the public official or candidate for whose benefit or
10detriment the independent expenditures were made, may accept
11contributions in excess of any contribution limits imposed by
12subsection (b).
13 (i) For the purposes of this Section, a corporation, labor
14organization, association, or a political action committee
15established by a corporation, labor organization, or
16association may act as a conduit in facilitating the delivery
17to a political action committee of contributions made through
18dues, levies, or similar assessments and the political action
19committee may report the contributions in the aggregate,
20provided that: (i) contributions made through dues, levies, or
21similar assessments paid by any natural person, corporation,
22labor organization, or association in a calendar year may not
23exceed the limits set forth in this Section; (ii) the
24corporation, labor organization, association, or a political
25action committee established by a corporation, labor
26organization, or association facilitating the delivery of

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1contributions maintains a list of natural persons,
2corporations, labor organizations, and associations that paid
3the dues, levies, or similar assessments from which the
4contributions comprising the aggregate amount derive; and
5(iii) contributions made through dues, levies, or similar
6assessments paid by any natural person, corporation, labor
7organization, or association that exceed $500 in a quarterly
8reporting period shall be itemized on the committee's quarterly
9report and may not be reported in the aggregate. A political
10action committee facilitating the delivery of contributions or
11receiving contributions shall disclose the amount of
12contributions made through dues delivered or received and the
13name of the corporation, labor organization, association, or
14political action committee delivering the contributions, if
15applicable. On January 1 of each odd-numbered year, the State
16Board of Elections shall adjust the amounts of the contribution
17limitations established in this subsection for inflation as
18determined by the Consumer Price Index for All Urban Consumers
19as issued by the United States Department of Labor and rounded
20to the nearest $100. The State Board shall publish this
21information on its official website.
22 (j) A political committee that receives a contribution or
23transfer in violation of this Section shall dispose of the
24contribution or transfer by returning the contribution or
25transfer, or an amount equal to the contribution or transfer,
26to the contributor or transferor or donating the contribution

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1or transfer, or an amount equal to the contribution or
2transfer, to a charity. A contribution or transfer received in
3violation of this Section that is not disposed of as provided
4in this subsection within 30 days after the Board sends
5notification to the political committee of the excess
6contribution by certified mail shall escheat to the General
7Revenue Fund and the political committee shall be deemed in
8violation of this Section and subject to a civil penalty not to
9exceed 150% of the total amount of the contribution.
10 (k) For the purposes of this Section, "statewide office"
11means the Governor, Lieutenant Governor, Attorney General,
12Secretary of State, Comptroller, and Treasurer.
13 (l) This Section is repealed if and when the United States
14Supreme Court invalidates contribution limits on committees
15formed to assist candidates, political parties, corporations,
16associations, or labor organizations established by or
17pursuant to federal law.
18(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
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