101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB4017

 

Introduced 1/4/2021, by Sen. Dan McConchie - John F. Curran - Dale A. Righter - Jil Tracy, Paul Schimpf, et al.

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/3A-50 new
10 ILCS 5/1A-14  from Ch. 46, par. 1A-14
10 ILCS 5/9-1.8  from Ch. 46, par. 9-1.8
10 ILCS 5/9-3.5 new
10 ILCS 5/9-8.5
25 ILCS 170/11.4 new

    Amends the Election Code. Prohibits a member of the State Board of Elections from contributing to a political committee, serving as an officer of a political committee, or being a candidate supported by a candidate political committee. Provides options for the person to remedy the violation. Requires a person who is in violation on the effective date of the amendatory Act to come into compliance within 30 days after the effective date of the amendatory Act. Defines a "limited activity committee" to mean a political committee for which a person who is nominated to a position that is subject to confirmation by the Senate, including a member of the State Board of Elections, or a person registered as a lobbyist under the Lobbyist Registration Act is either an officer or a candidate the committee has designated to support. Prohibits a limited activity committee from accepting contributions, except that the person who is either an officer or a candidate the committee has designated to support may contribute personal funds in order to pay maintenance expenses. Provides that a limited activity committee may only make specified expenditures. Amends the Illinois Governmental Ethics Act and the Lobbyist Registration Act. Prohibits an appointee subject to Senate confirmation and a registered lobbyist from serving as an officer of a candidate political committee in which the person is the designated candidate or being a candidate supported by a candidate political committee. Provides options for the person to remedy the violation. Requires a person who is in violation on the effective date of the amendatory Act to come into compliance within 30 days after the effective date of the amendatory Act. Effective immediately.


LRB101 22296 SMS 73338 b

 

 

A BILL FOR

 

SB4017LRB101 22296 SMS 73338 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 Illinois Governmental Ethics Act is amended
5by adding Section 3A-50 as follows:
 
6    (5 ILCS 420/3A-50 new)
7    Sec. 3A-50. Political activity. No person whose
8appointment requires the advice and consent of the Senate
9shall: (1) serve as an officer of a candidate political
10committee; or (2) be a candidate who is designated as the
11candidate to be supported by a candidate political committee. A
12person whose appointment requires the advice and consent of the
13Senate who is either an officer of a candidate political
14committee or a candidate who is designated as the candidate to
15be supported by a candidate political committee shall within 30
16days after confirmation by the Senate: (i) resign as an officer
17of the candidate political committee; (ii) have his or her name
18removed as the candidate to be supported by a candidate
19political committee; (iii) notify the State Board of Elections
20of the person's intent to convert the candidate political
21committee to a limited activity committee under Section 9-1.8
22of the Election Code and complete the transition to a limited
23activity committee within 60 days after confirmation; or (iv)

 

 

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1dissolve the candidate political committee. A person whose
2appointment requires the advice and consent of the Senate who
3is in violation of this Section on the effective date of this
4amendatory Act of the 101st General Assembly must come into
5compliance within 30 days after the effective date of this
6amendatory Act of the 101st General Assembly. As used in this
7Section, "candidate political committee" has the meaning given
8to that term in Section 9-1.8 of the Election Code in which the
9person subject to confirmation by the Senate is designated as
10the candidate to be supported by the candidate political
11committee under Section 9-2 of the Code.
 
12    Section 10. The Election Code is amended by changing
13Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5 as
14follows:
 
15    (10 ILCS 5/1A-14)  (from Ch. 46, par. 1A-14)
16    Sec. 1A-14. Political activity by the State Board of
17Elections.
18    (a) No member of the State Board of Elections may become a
19candidate for nomination for, or election to, or accept
20appointment to or hold any other remunerative public office or
21public employment or any office in a political party.
22    (b) No member of the State Board of Elections shall: (1)
23contribute, either financially or in services or goods or any
24other way, to any political committee; (2) serve as an officer

 

 

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1of any political committee; or (3) be a candidate who is
2designated as the candidate to be supported by a candidate
3political committee. A member of the State Board of Elections
4who is either an officer of a political committee or a
5candidate who is designated as the candidate to be supported by
6a candidate political committee shall within 30 days after
7confirmation by the Senate: (i) resign as an officer of the
8political committee; (ii) have his or her name removed as the
9candidate to be supported by a political committee; (iii)
10notify the Board of the member's intent to convert the
11political committee to a limited activity committee under
12Section 9-1.8, and complete the transition to a limited
13activity committee within 60 days after confirmation; or (iv)
14dissolve the committee. A member of the State Board of
15Elections who is in violation of this subsection (b) on the
16effective date of this amendatory Act of the 101st General
17Assembly must come into compliance within 30 days after the
18effective date of this amendatory Act of the 101st General
19Assembly. As used in this Section, "political committee"
20includes both the meaning provided in Section 9-1.8 of this
21Code and the meaning provided in 52 U.S.C. 30101.
22    (c) Violation of any prohibition in this Section shall
23disqualify a member of the Board and a vacancy is thereby
24created. A vacancy also exists upon the occurrence of any of
25the events enumerated in Section 25-2 of this Act as in the
26case of an elective office.

 

 

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1(Source: P.A. 80-1178.)
 
2    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
3    Sec. 9-1.8. Political committees.
4    (a) "Political committee" includes a candidate political
5committee, a political party committee, a political action
6committee, a ballot initiative committee, and an independent
7expenditure committee.
8    (b) "Candidate political committee" means the candidate
9himself or herself or any natural person, trust, partnership,
10corporation, or other organization or group of persons
11designated by the candidate that accepts contributions or makes
12expenditures during any 12-month period in an aggregate amount
13exceeding $5,000 on behalf of the candidate.
14    (c) "Political party committee" means the State central
15committee of a political party, a county central committee of a
16political party, a legislative caucus committee, or a committee
17formed by a ward or township committeeperson of a political
18party. For purposes of this Article, a "legislative caucus
19committee" means a committee established for the purpose of
20electing candidates to the General Assembly by the person
21elected President of the Senate, Minority Leader of the Senate,
22Speaker of the House of Representatives, Minority Leader of the
23House of Representatives, or a committee established by 5 or
24more members of the same caucus of the Senate or 10 or more
25members of the same caucus of the House of Representatives.

 

 

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1    (d) "Political action committee" means any natural person,
2trust, partnership, committee, association, corporation, or
3other organization or group of persons, other than a candidate,
4political party, candidate political committee, or political
5party committee, that accepts contributions or makes
6expenditures during any 12-month period in an aggregate amount
7exceeding $5,000 on behalf of or in opposition to a candidate
8or candidates for public office. "Political action committee"
9includes any natural person, trust, partnership, committee,
10association, corporation, or other organization or group of
11persons, other than a candidate, political party, candidate
12political committee, or political party committee, that makes
13electioneering communications during any 12-month period in an
14aggregate amount exceeding $5,000 related to any candidate or
15candidates for public office.
16    (e) "Ballot initiative committee" means any natural
17person, trust, partnership, committee, association,
18corporation, or other organization or group of persons that
19accepts contributions or makes expenditures during any
2012-month period in an aggregate amount exceeding $5,000 in
21support of or in opposition to any question of public policy to
22be submitted to the electors. "Ballot initiative committee"
23includes any natural person, trust, partnership, committee,
24association, corporation, or other organization or group of
25persons that makes electioneering communications during any
2612-month period in an aggregate amount exceeding $5,000 related

 

 

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1to any question of public policy to be submitted to the voters.
2The $5,000 threshold applies to any contributions or
3expenditures received or made with the purpose of securing a
4place on the ballot for, advocating the defeat or passage of,
5or engaging in electioneering communication regarding the
6question of public policy, regardless of the method of
7initiation of the question of public policy and regardless of
8whether petitions have been circulated or filed with the
9appropriate office or whether the question has been adopted and
10certified by the governing body.
11    (f) "Independent expenditure committee" means any trust,
12partnership, committee, association, corporation, or other
13organization or group of persons formed for the exclusive
14purpose of making independent expenditures during any 12-month
15period in an aggregate amount exceeding $5,000 in support of or
16in opposition to (i) the nomination for election, election,
17retention, or defeat of any public official or candidate or
18(ii) any question of public policy to be submitted to the
19electors. "Independent expenditure committee" also includes
20any trust, partnership, committee, association, corporation,
21or other organization or group of persons that makes
22electioneering communications that are not made in connection,
23consultation, or concert with or at the request or suggestion
24of a public official or candidate, a public official's or
25candidate's designated political committee or campaign, or an
26agent or agents of the public official, candidate, or political

 

 

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1committee or campaign during any 12-month period in an
2aggregate amount exceeding $5,000 related to (i) the nomination
3for election, election, retention, or defeat of any public
4official or candidate or (ii) any question of public policy to
5be submitted to the voters.
6    (g) "Limited activity committee" means a political
7committee for which a person who is nominated to a position
8that is subject to confirmation by the Senate, including a
9member of the State Board of Elections, or a person registered
10as a lobbyist under the Lobbyist Registration Act is either an
11officer or a candidate the committee has designated to support.
12(Source: P.A. 100-1027, eff. 1-1-19.)
 
13    (10 ILCS 5/9-3.5 new)
14    Sec. 9-3.5. Candidate political committee restrictions.
15    (a) A person who is registered as a lobbyist under the
16Lobbyist Registration Act or who is nominated to a position
17that is subject to confirmation by the Senate shall not: (1)
18serve as an officer of a candidate political committee that is
19designated to support or oppose that person as a candidate; or
20(2) be a candidate who is designated as the candidate to be
21supported by a candidate political committee.
22    (b) Within 30 days after registering as a lobbyist under
23the Lobbyist Registration Act or after confirmation by the
24Senate, the person shall: (1) dissolve the candidate political
25committee; (2) resign as an officer of the candidate political

 

 

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1committee; (3) have his or her name removed as the candidate to
2be supported by the candidate political committee; or (iv)
3notify the Board of the person's intent to convert the
4candidate political committee to a limited activity candidate
5political committee.
 
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
24support a candidate seeking nomination to statewide office,
25(ii) $125,000 for a candidate political committee established

 

 

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1to support a candidate seeking nomination to the Senate, the
2Supreme Court or Appellate Court in the First Judicial
3District, or an office elected by all voters in a county with
41,000,000 or more residents, (iii) $75,000 for a candidate
5political committee established to support a candidate seeking
6nomination to the House of Representatives, the Supreme Court
7or Appellate Court for a Judicial District other than the First
8Judicial District, an office elected by all voters of a county
9of fewer than 1,000,000 residents, and municipal and county
10offices in Cook County other than those elected by all voters
11of Cook County, and (iv) $50,000 for a candidate political
12committee established to support the nomination of a candidate
13to any other office. A candidate political committee
14established to elect a candidate to the General Assembly may
15accept contributions from only one legislative caucus
16committee. A candidate political committee may not accept
17contributions from a ballot initiative committee or from an
18independent expenditure committee.
19    (c) During an election cycle, a political party committee
20may not accept contributions with an aggregate value over the
21following: (i) $10,000 from any individual, (ii) $20,000 from
22any corporation, labor organization, or association, or (iii)
23$50,000 from a political action committee. A political party
24committee may accept contributions in any amount from another
25political party committee or a candidate political committee,
26except as provided in subsection (c-5). Nothing in this Section

 

 

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1shall limit the amounts that may be transferred between a
2political party committee established under subsection (a) of
3Section 7-8 of this Code and an affiliated federal political
4committee established under the Federal Election Code by the
5same political party. A political party committee may not
6accept contributions from a ballot initiative committee or from
7an independent expenditure committee. A political party
8committee established by a legislative caucus may not accept
9contributions from another political party committee
10established by a legislative caucus.
11    (c-5) During the period beginning on the date candidates
12may begin circulating petitions for a primary election and
13ending on the day of the primary election, a political party
14committee may not accept contributions with an aggregate value
15over $50,000 from a candidate political committee or political
16party committee. A political party committee may accept
17contributions in any amount from a candidate political
18committee or political party committee if the political party
19committee receiving the contribution filed a statement of
20nonparticipation in the primary as provided in subsection
21(c-10). The Task Force on Campaign Finance Reform shall study
22and make recommendations on the provisions of this subsection
23to the Governor and General Assembly by September 30, 2012.
24This subsection becomes inoperative on July 1, 2013 and
25thereafter no longer applies.
26    (c-10) A political party committee that does not intend to

 

 

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1make contributions to candidates to be nominated at a general
2primary election or consolidated primary election may file a
3Statement of Nonparticipation in a Primary Election with the
4Board. The Statement of Nonparticipation shall include a
5verification signed by the chairperson and treasurer of the
6committee that (i) the committee will not make contributions or
7coordinated expenditures in support of or opposition to a
8candidate or candidates to be nominated at the general primary
9election or consolidated primary election (select one) to be
10held on (insert date), (ii) the political party committee may
11accept unlimited contributions from candidate political
12committees and political party committees, provided that the
13political party committee does not make contributions to a
14candidate or candidates to be nominated at the primary
15election, and (iii) failure to abide by these requirements
16shall deem the political party committee in violation of this
17Article and subject the committee to a fine of no more than
18150% of the total contributions or coordinated expenditures
19made by the committee in violation of this Article. This
20subsection becomes inoperative on July 1, 2013 and thereafter
21no longer applies.
22    (d) During an election cycle, a political action 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, political party
26committee, or association, or (iii) $50,000 from a political

 

 

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1action committee or candidate political committee. A political
2action committee may not accept contributions from a ballot
3initiative committee or from an independent expenditure
4committee.
5    (e) A ballot initiative committee may accept contributions
6in any amount from any source, provided that the committee
7files the document required by Section 9-3 of this Article and
8files the disclosure reports required by the provisions of this
9Article.
10    (e-5) An independent expenditure committee may accept
11contributions in any amount from any source, provided that the
12committee files the document required by Section 9-3 of this
13Article and files the disclosure reports required by the
14provisions of this Article.
15    (e-10) A limited activity committee shall not accept
16contributions, except that the officer or a candidate the
17committee has designated to support may contribute personal
18funds in order to pay for maintenance expenses. A limited
19activity committee may only make expenditures that are: (1)
20necessary for maintenance of the committee; (2) for rent or
21lease payments until the end of the lease in effect at the time
22the officer or candidate is confirmed by the Senate or
23registered as a lobbyist under the Lobbyist Registration Act;
24(3) contributions to 501(c)(3) charities; or (4) returning
25contributions to original contributors.
26    (f) Nothing in this Section shall prohibit a political

 

 

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1committee from dividing the proceeds of joint fundraising
2efforts; provided that no political committee may receive more
3than the limit from any one contributor, and provided that an
4independent expenditure committee may not conduct joint
5fundraising efforts with a candidate political committee or a
6political party committee.
7    (g) On January 1 of each odd-numbered year, the State Board
8of Elections shall adjust the amounts of the contribution
9limitations established in this Section for inflation as
10determined by the Consumer Price Index for All Urban Consumers
11as issued by the United States Department of Labor and rounded
12to the nearest $100. The State Board shall publish this
13information on its official website.
14    (h) Self-funding candidates. If a public official, a
15candidate, or the public official's or candidate's immediate
16family contributes or loans to the public official's or
17candidate's political committee or to other political
18committees that transfer funds to the public official's or
19candidate's political committee or makes independent
20expenditures for the benefit of the public official's or
21candidate's campaign during the 12 months prior to an election
22in an aggregate amount of more than (i) $250,000 for statewide
23office or (ii) $100,000 for all other elective offices, then
24the public official or candidate shall file with the State
25Board of Elections, within one day, a Notification of
26Self-funding that shall detail each contribution or loan made

 

 

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1by the public official, the candidate, or the public official's
2or candidate's immediate family. Within 2 business days after
3the filing of a Notification of Self-funding, the notification
4shall be posted on the Board's website and the Board shall give
5official notice of the filing to each candidate for the same
6office as the public official or candidate making the filing,
7including the public official or candidate filing the
8Notification of Self-funding. Notice shall be sent via first
9class mail to the candidate and the treasurer of the
10candidate's committee. Notice shall also be sent by e-mail to
11the candidate and the treasurer of the candidate's committee if
12the candidate and the treasurer, as applicable, have provided
13the Board with an e-mail address. Upon posting of the notice on
14the Board's website, all candidates for that office, including
15the public official or candidate who filed a Notification of
16Self-funding, shall be permitted to accept contributions in
17excess of any contribution limits imposed by subsection (b). If
18a public official or candidate filed a Notification of
19Self-funding during an election cycle that includes a general
20primary election or consolidated primary election and that
21public official or candidate is nominated, all candidates for
22that office, including the nominee who filed the notification
23of self-funding, shall be permitted to accept contributions in
24excess of any contribution limit imposed by subsection (b) for
25the subsequent election cycle. For the purposes of this
26subsection, "immediate family" means the spouse, parent, or

 

 

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1child of a public official or candidate.
2    (h-5) If a natural person or independent expenditure
3committee makes independent expenditures in support of or in
4opposition to the campaign of a particular public official or
5candidate in an aggregate amount of more than (i) $250,000 for
6statewide office or (ii) $100,000 for all other elective
7offices in an election cycle, as reported in a written
8disclosure filed under subsection (a) of Section 9-8.6 or
9subsection (e-5) of Section 9-10, then the State Board of
10Elections shall, within 2 business days after the filing of the
11disclosure, post the disclosure on the Board's website and give
12official notice of the disclosure to each candidate for the
13same office as the public official or candidate for whose
14benefit or detriment the natural person or independent
15expenditure committee made independent expenditures. Upon
16posting of the notice on the Board's website, all candidates
17for that office in that election, including the public official
18or candidate for whose benefit or detriment the natural person
19or independent expenditure committee made independent
20expenditures, shall be permitted to accept contributions in
21excess of any contribution limits imposed by subsection (b).
22    (h-10) If the State Board of Elections receives
23notification or determines that a natural person or persons, an
24independent expenditure committee or committees, or
25combination thereof has made independent expenditures in
26support of or in opposition to the campaign of a particular

 

 

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1public official or candidate in an aggregate amount of more
2than (i) $250,000 for statewide office or (ii) $100,000 for all
3other elective offices in an election cycle, then the Board
4shall, within 2 business days after discovering the independent
5expenditures that, in the aggregate, exceed the threshold set
6forth in (i) and (ii) of this subsection, post notice of this
7fact on the Board's website and give official notice to each
8candidate for the same office as the public official or
9candidate for whose benefit or detriment the independent
10expenditures were made. Notice shall be sent via first class
11mail to the candidate and the treasurer of the candidate's
12committee. Notice shall also be sent by e-mail to the candidate
13and the treasurer of the candidate's committee if the candidate
14and the treasurer, as applicable, have provided the Board with
15an e-mail address. Upon posting of the notice on the Board's
16website, all candidates of that office in that election,
17including the public official or candidate for whose benefit or
18detriment the independent expenditures were made, may accept
19contributions in excess of any contribution limits imposed by
20subsection (b).
21    (i) For the purposes of this Section, a corporation, labor
22organization, association, or a political action committee
23established by a corporation, labor organization, or
24association may act as a conduit in facilitating the delivery
25to a political action committee of contributions made through
26dues, levies, or similar assessments and the political action

 

 

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1committee may report the contributions in the aggregate,
2provided that: (i) contributions made through dues, levies, or
3similar assessments paid by any natural person, corporation,
4labor organization, or association in a calendar year may not
5exceed the limits set forth in this Section; (ii) the
6corporation, labor organization, association, or a political
7action committee established by a corporation, labor
8organization, or association facilitating the delivery of
9contributions maintains a list of natural persons,
10corporations, labor organizations, and associations that paid
11the dues, levies, or similar assessments from which the
12contributions comprising the aggregate amount derive; and
13(iii) contributions made through dues, levies, or similar
14assessments paid by any natural person, corporation, labor
15organization, or association that exceed $500 in a quarterly
16reporting period shall be itemized on the committee's quarterly
17report and may not be reported in the aggregate. A political
18action committee facilitating the delivery of contributions or
19receiving contributions shall disclose the amount of
20contributions made through dues delivered or received and the
21name of the corporation, labor organization, association, or
22political action committee delivering the contributions, if
23applicable. On January 1 of each odd-numbered year, the State
24Board of Elections shall adjust the amounts of the contribution
25limitations established in this subsection for inflation as
26determined by the Consumer Price Index for All Urban Consumers

 

 

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1as issued by the United States Department of Labor and rounded
2to the nearest $100. The State Board shall publish this
3information on its official website.
4    (j) A political committee that receives a contribution or
5transfer in violation of this Section shall dispose of the
6contribution or transfer by returning the contribution or
7transfer, or an amount equal to the contribution or transfer,
8to the contributor or transferor or donating the contribution
9or transfer, or an amount equal to the contribution or
10transfer, to a charity. A contribution or transfer received in
11violation of this Section that is not disposed of as provided
12in this subsection within 30 days after the Board sends
13notification to the political committee of the excess
14contribution by certified mail shall escheat to the General
15Revenue Fund and the political committee shall be deemed in
16violation of this Section and subject to a civil penalty not to
17exceed 150% of the total amount of the contribution.
18    (k) For the purposes of this Section, "statewide office"
19means the Governor, Lieutenant Governor, Attorney General,
20Secretary of State, Comptroller, and Treasurer.
21    (l) This Section is repealed if and when the United States
22Supreme Court invalidates contribution limits on committees
23formed to assist candidates, political parties, corporations,
24associations, or labor organizations established by or
25pursuant to federal law.
26(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 

 

 

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1    Section 15. The Lobbyist Registration Act is amended by
2adding Section 11.4 as follows:
 
3    (25 ILCS 170/11.4 new)
4    Sec. 11.4. Political activity. No person registered under
5this Act shall: (1) serve as an officer of a political
6committee; or (2) be a candidate who is designated as the
7candidate to be supported by a candidate political committee. A
8person registered under this Act who is either an officer of a
9political committee or a candidate who is designated as the
10candidate to be supported by a candidate political committee
11shall: (i) resign as an officer of the candidate political
12committee; (ii) have his or her name removed as the candidate
13to be supported by a candidate political committee within 30
14days after confirmation by the Senate; (iii) notify the State
15Board of Elections of the person's intent to convert the
16candidate political committee to a limited activity committee
17pursuant to Section 9-1.8 of the Election Code within 30 days
18after registering under this Act and complete the transition to
19a limited activity committee within 60 days after registration;
20or (iv) dissolve the candidate political committee. A person
21registered under this Act who is in violation of this Section
22on the effective date of this amendatory Act of the 101st
23General Assembly must come into compliance within 30 days after
24the effective date of this amendatory Act of the 101st General

 

 

SB4017- 20 -LRB101 22296 SMS 73338 b

1Assembly. As used in this Section, "political committee" has
2the meaning given to that term in Section 9-1.8 of the Election
3Code in which the person registered under this Act is
4designated as the candidate to be supported by the candidate
5political committee under Section 9-2 of the Code.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.