HB1405 95TH GENERAL ASSEMBLY

LRB095 07275 JAM 27413 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1405

Introduced 2/21/2007, by Rep. Jim Sacia

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-8.5 new
10 ILCS 5/9-8.7 new

Amends the Election Code. With respect to campaigns for statewide office and General Assembly member, permits contributions only during the 90 days before the general primary and the 90 days before the general election. During each period, limits a person's or entity's contributions to $1,000 in the aggregate per officeholder, candidate, or other State political committee. Sets campaign expenditure limits with respect to statewide and General Assembly offices. Creates a committee to review campaign materials before they are distributed; prohibits distribution of materials the committee judges overly inaccurate or negative.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Sections 9-8.5 and 9-8.7 as follows:

(10 ILCS 5/9-8.5 new)

Sec. 9-8.5. Contribution and expenditure restrictions.

(a) As used in this Section:

(1) "Election period" means the period beginning on the 90th day before a general election and ending on the day of that general election.

(2) "Primary period" means the period beginning on the 90th day before a general primary election and ending on the day of that general primary election.

(3) "State office" means the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, Treasurer, State Senator, and State Representative.

(b) A person or other entity may make contributions to the holder of a State office, a candidate for a State office, a political committee organized or authorized to be organized by a State officeholder or State office candidate, or any other State political committee only during the primary period and the election period.

(c) A person's or other entity's contributions to a State officeholder and any political committee organized or authorized to be organized by that State officeholder may not exceed $1,000 in the aggregate during the primary period and $1,000 in the aggregate during the election period.

(d) A person's or other entity's contributions to a candidate for State office, who is not the incumbent officeholder, and any political committee organized or authorized to be organized by that candidate may not exceed $1,000 in the aggregate during the primary period and $1,000 in the aggregate during the election period.

(e) A person's or other entity's contributions to a State political committee not described in subsection (c) or (d) may not exceed $1,000 in the aggregate during the primary period and $1,000 in the aggregate during the election period.

(f) A person or entity whose contribution is prohibited by subsection (b), (c), (d), or (e) may not make a contribution to any other person or entity with the intent that the contribution, or any part of the contribution, shall be transferred to the officeholder, candidate, or political committee.

(g) The amount of a person's or entity's aggregate contributions in excess of the limits of this Section must be returned promptly to that person or entity.

(h) The holder of or a candidate for the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer may not make aggregate expenditures in excess of $10,000,000 for nomination at the general primary, for election at the succeeding general election, or for both nomination and election. Expenditures made by a political committee organized or authorized to be organized by the holder or candidate are considered expenditures made by that holder or candidate for the purpose of this subsection. The dollar limit of this subsection applies to the holder of any of the listed statewide offices with respect to expenditures relating to any of the listed statewide offices, regardless of whether the holder seeks to succeed himself or herself in office or seeks a different listed statewide office.

(i) The holder of or a candidate for the office of State Senator may not make aggregate expenditures in excess of $750,000 for nomination at the general primary, for election at the succeeding general election, or for both nomination and election. Expenditures made by a political committee organized or authorized to be organized by the holder or candidate are considered expenditures made by that holder or candidate for the purpose of this subsection. The dollar limit of this subsection applies to a State Senator with respect to expenditures relating to re-election to the office of State Senator and not to election to a different office.

(j) The holder of or a candidate for the office of State Representative may not make aggregate expenditures in excess of $500,000 for nomination at the general primary, for election at the succeeding general election, or for both nomination and election. Expenditures made by a political committee organized or authorized to be organized by the holder or candidate are considered expenditures made by that holder or candidate for the purpose of this subsection. The dollar limit of this subsection applies to a State Representative with respect to expenditures relating to re-election to the office of State Representative and not to election to a different office.

(10 ILCS 5/9-8.7 new)

Sec. 9-8.7. Review of campaign materials.

(a) As used in this Section:

(1) "Committee" means the State Office Campaign Materials Review Committee established in accordance with this Section.

(2) "State office" means the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, Treasurer, State Senator, and State Representative.

(b) A State Office Campaign Materials Review Committee is created and shall consist of 5 members appointed one each by the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Illinois Campaign for Political Reform. Members of the Committee shall serve at the pleasure of their appointing authorities and shall receive no compensation but shall be reimbursed for expenses incurred in the performance of their duties from funds appropriated for that purpose. A vacancy on the Committee shall be filled by appointment by the original appointing authority. The Committee shall annually select one of its members to serve as chair. The Committee shall meet at the call of the chair.

(c) All campaign materials issued with respect to a campaign for State office must be reviewed by the Committee before distribution. Material judged by the Committee to be inaccurate or overly negative may not be distributed. The Committee by rule shall establish procedures for the implementation and administration of this Section, including but not limited to the adoption of standards of accuracy and limits of negativity for campaign materials.