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

 

HB5778LRB098 17599 MGM 52710 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 or election to statewide
2office, (ii) $125,000 for a candidate political committee
3established to support a candidate seeking nomination or
4election to the Senate, the Supreme Court or Appellate Court in
5the First Judicial District, or an office elected by all voters
6in a county with 1,000,000 or more residents, (iii) $75,000 for
7a candidate political committee established to support a
8candidate seeking nomination or election to the House of
9Representatives, the Supreme Court or Appellate Court for a
10Judicial District other than the First Judicial District, an
11office elected by all voters of a county of fewer than
121,000,000 residents, and municipal and county offices in Cook
13County other than those elected by all voters of Cook County,
14and (iv) $50,000 for a candidate political committee
15established to support the nomination or election of a
16candidate to any other office. A candidate political committee
17established to elect a candidate to the General Assembly may
18accept contributions from only one legislative caucus
19committee. A candidate political committee may not accept
20contributions from a ballot initiative committee or from an
21independent expenditure committee.
22    (c) During an election cycle, a political party committee
23may not accept contributions with an aggregate value over the
24following: (i) $10,000 from any individual, (ii) $20,000 from
25any corporation, labor organization, or association, or (iii)
26$50,000 from a political action committee. A political party

 

 

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

 

 

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1This subsection becomes inoperative on July 1, 2013 and
2thereafter no longer applies.
3    (c-10) A political party committee that does not intend to
4make contributions to candidates to be nominated at a general
5primary election or consolidated primary election may file a
6Statement of Nonparticipation in a Primary Election with the
7Board. The Statement of Nonparticipation shall include a
8verification signed by the chairperson and treasurer of the
9committee that (i) the committee will not make contributions or
10coordinated expenditures in support of or opposition to a
11candidate or candidates to be nominated at the general primary
12election or consolidated primary election (select one) to be
13held on (insert date), (ii) the political party committee may
14accept unlimited contributions from candidate political
15committees and political party committees, provided that the
16political party committee does not make contributions to a
17candidate or candidates to be nominated at the primary
18election, and (iii) failure to abide by these requirements
19shall deem the political party committee in violation of this
20Article and subject the committee to a fine of no more than
21150% of the total contributions or coordinated expenditures
22made by the committee in violation of this Article. This
23subsection becomes inoperative on July 1, 2013 and thereafter
24no longer applies.
25    (d) During an election cycle, a political action committee
26may not accept contributions with an aggregate value over the

 

 

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

 

 

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

 

 

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1class mail to the candidate and the treasurer of the
2candidate's committee. Notice shall also be sent by e-mail to
3the candidate and the treasurer of the candidate's committee if
4the candidate and the treasurer, as applicable, have provided
5the Board with an e-mail address. Upon posting of the notice on
6the Board's website, all candidates for that office, including
7the public official or candidate who filed a Notification of
8Self-funding, shall be permitted to accept contributions in
9excess of any contribution limits imposed by subsection (b). If
10a public official or candidate filed a Notification of
11Self-funding during an election cycle that includes a general
12primary election or consolidated primary election and that
13public official or candidate is nominated, all candidates for
14that office, including the nominee who filed the notification
15of self-funding, shall be permitted to accept contributions in
16excess of any contribution limit imposed by subsection (b) for
17the subsequent election cycle. For the purposes of this
18subsection, "immediate family" means the spouse, parent, or
19child of a public official or candidate.
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.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.