102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2570

 

Introduced 2/26/2021, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-1.8  from Ch. 46, par. 9-1.8
10 ILCS 5/9-1.9  from Ch. 46, par. 9-1.9
10 ILCS 5/9-2  from Ch. 46, par. 9-2
10 ILCS 5/9-3  from Ch. 46, par. 9-3
10 ILCS 5/9-8.5
10 ILCS 5/9-10  from Ch. 46, par. 9-10

    Amends the Election Code. Defines a "multi-candidate political committee" to mean 2 or more candidates or any natural person, trust, partnership, corporation, or other organization or group of persons designated by the candidates that accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $5,000 on behalf of the candidate. Provides that for a multi-candidate political committee organized to support multiple candidates for a single office, "election cycle" means the period that would apply to the candidates if they had formed individual candidate political committees. Provides that for a multi-candidate political committee organized to support candidates for different offices, "election cycle" means the period that is the longest of all the periods that would apply to the candidates supported by the committee if they had formed individual candidate political committees. Prohibits a public official or candidate for public office from maintaining or establishing more than one multi-candidate political committee for each office that public official or candidate holds or is seeking. Provides that the name of each multi-candidate political committee shall identify the names of all public officials or candidates supported by the multi-candidate political committee. Prohibits a public official or candidate for public office that maintains a candidate political committee from maintaining or establishing a multi-candidate committee to support his or her candidacy for the same office. Provides that during an election cycle, the aggregate value of a contribution that a multi-candidate political committee may accept from a source is equal to the aggregate value of a contribution that a candidate political committee would be permitted to accept from that source. Makes conforming and other changes.


LRB102 16507 SMS 21900 b

 

 

A BILL FOR

 

SB2570LRB102 16507 SMS 21900 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
5Sections 9-1.8, 9-1.9, 9-2, 9-3, 9-8.5, and 9-10 as follows:
 
6    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
7    Sec. 9-1.8. Political committees.
8    (a) "Political committee" includes a candidate political
9committee, a political party committee, a political action
10committee, a ballot initiative committee, and an independent
11expenditure committee.
12    (b) "Candidate political committee" means the candidate
13himself or herself or any natural person, trust, partnership,
14corporation, or other organization or group of persons
15designated by the candidate that accepts contributions or
16makes expenditures during any 12-month period in an aggregate
17amount exceeding $5,000 on behalf of the candidate.
18    (b-5) "Multi-candidate political committee" means 2 or
19more candidates or any natural person, trust, partnership,
20corporation, or other organization or group of persons
21designated by the candidates that accepts contributions or
22makes expenditures during any 12-month period in an aggregate
23amount exceeding $5,000 on behalf of the candidate. Unless

 

 

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1otherwise stated, all provisions of this Article that apply to
2candidate political committees shall be applied in an
3identical manner to multi-candidate political committees.
4    (c) "Political party committee" means the State central
5committee of a political party, a county central committee of
6a political party, a legislative caucus committee, or a
7committee formed by a ward or township committeeperson of a
8political party. For purposes of this Article, a "legislative
9caucus committee" means a committee established for the
10purpose of electing candidates to the General Assembly by the
11person elected President of the Senate, Minority Leader of the
12Senate, Speaker of the House of Representatives, Minority
13Leader of the House of Representatives, or a committee
14established by 5 or more members of the same caucus of the
15Senate or 10 or more members of the same caucus of the House of
16Representatives.
17    (d) "Political action committee" means any natural person,
18trust, partnership, committee, association, corporation, or
19other organization or group of persons, other than a
20candidate, political party, candidate political committee, or
21political party committee, that accepts contributions or makes
22expenditures during any 12-month period in an aggregate amount
23exceeding $5,000 on behalf of or in opposition to a candidate
24or candidates for public office. "Political action committee"
25includes any natural person, trust, partnership, committee,
26association, corporation, or other organization or group of

 

 

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1persons, other than a candidate, political party, candidate
2political committee, or political party committee, that makes
3electioneering communications during any 12-month period in an
4aggregate amount exceeding $5,000 related to any candidate or
5candidates for public office.
6    (e) "Ballot initiative committee" means any natural
7person, trust, partnership, committee, association,
8corporation, or other organization or group of persons that
9accepts contributions or makes expenditures during any
1012-month period in an aggregate amount exceeding $5,000 in
11support of or in opposition to any question of public policy to
12be submitted to the electors. "Ballot initiative committee"
13includes any natural person, trust, partnership, committee,
14association, corporation, or other organization or group of
15persons that makes electioneering communications during any
1612-month period in an aggregate amount exceeding $5,000
17related to any question of public policy to be submitted to the
18voters. The $5,000 threshold applies to any contributions or
19expenditures received or made with the purpose of securing a
20place on the ballot for, advocating the defeat or passage of,
21or engaging in electioneering communication regarding the
22question of public policy, regardless of the method of
23initiation of the question of public policy and regardless of
24whether petitions have been circulated or filed with the
25appropriate office or whether the question has been adopted
26and certified by the governing body.

 

 

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1    (f) "Independent expenditure committee" means any trust,
2partnership, committee, association, corporation, or other
3organization or group of persons formed for the exclusive
4purpose of making independent expenditures during any 12-month
5period in an aggregate amount exceeding $5,000 in support of
6or in opposition to (i) the nomination for election, election,
7retention, or defeat of any public official or candidate or
8(ii) any question of public policy to be submitted to the
9electors. "Independent expenditure committee" also includes
10any trust, partnership, committee, association, corporation,
11or other organization or group of persons that makes
12electioneering communications that are not made in connection,
13consultation, or concert with or at the request or suggestion
14of a public official or candidate, a public official's or
15candidate's designated political committee or campaign, or an
16agent or agents of the public official, candidate, or
17political committee or campaign during any 12-month period in
18an aggregate amount exceeding $5,000 related to (i) the
19nomination for election, election, retention, or defeat of any
20public official or candidate or (ii) any question of public
21policy to be submitted to the voters.
22(Source: P.A. 100-1027, eff. 1-1-19.)
 
23    (10 ILCS 5/9-1.9)   (from Ch. 46, par. 9-1.9)
24    Sec. 9-1.9. Election cycle. "Election cycle" means any of
25the following:

 

 

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1    (1) For a candidate political committee organized to
2support a candidate to be elected at a general primary
3election or general election, (i) the period beginning January
41 following the general election for the office to which a
5candidate seeks nomination or election and ending on the day
6of the general primary election for that office or (ii) the
7period beginning the day after a general primary election for
8the office to which the candidate seeks nomination or election
9and through December 31 following the general election.
10    (2) Notwithstanding paragraph (1), for a candidate
11political committee organized to support a candidate for the
12General Assembly, (i) the period beginning January 1 following
13a general election and ending on the day of the next general
14primary election or (ii) the period beginning the day after
15the general primary election and ending on December 31
16following a general election.
17    (3) For a candidate political committee organized to
18support a candidate for a retention election, (i) the period
19beginning January 1 following the general election at which
20the candidate was elected through the day the candidate files
21a declaration of intent to seek retention or (ii) the period
22beginning the day after the candidate files a declaration of
23intent to seek retention through December 31 following the
24retention election.
25    (4) For a candidate political committee organized to
26support a candidate to be elected at a consolidated primary

 

 

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1election or consolidated election, (i) the period beginning
2July 1 following a consolidated election and ending on the day
3of the consolidated primary election or (ii) the period
4beginning the day after the consolidated primary election and
5ending on June 30 following a consolidated election.
6    (5) For a political party committee, political action
7committee, ballot initiative committee, or independent
8expenditure committee, the period beginning on January 1 and
9ending on December 31 of each calendar year.
10    (6) For a multi-candidate political committee organized to
11support multiple candidates for a single office, the period
12that would apply to the candidates if they had formed
13individual candidate political committees.
14    (7) For a multi-candidate political committee organized to
15support candidates for different offices, the period that is
16the longest of all the periods that would apply to the
17candidates supported by the committee if they had formed
18individual candidate political committees.
19(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
 
20    (10 ILCS 5/9-2)  (from Ch. 46, par. 9-2)
21    Sec. 9-2. Political committee designations.
22    (a) Every political committee shall be designated as a (i)
23candidate political committee, (ii) multi-candidate political
24committee, (iii) political party committee, (iv) (iii)
25political action committee, (v) (iv) ballot initiative

 

 

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1committee, or (vi) (v) independent expenditure committee.
2    (b) Beginning January 1, 2011, no public official or
3candidate for public office may maintain or establish more
4than one candidate political committee for each office that
5public official or candidate holds or is seeking. The name of
6each candidate political committee shall identify the name of
7the public official or candidate supported by the candidate
8political committee. If a candidate establishes separate
9candidate political committees for each public office, the
10name of each candidate political committee shall also include
11the public office to which the candidate seeks nomination for
12election, election, or retention. If a candidate establishes
13one candidate political committee for multiple offices elected
14at different elections, then the candidate shall designate an
15election cycle, as defined in Section 9-1.9, for purposes of
16contribution limitations and reporting requirements set forth
17in this Article. No political committee, other than a
18candidate political committee or multi-candidate political
19committee, may include the name of a candidate in its name.
20    (b-5) No public official or candidate for public office
21may maintain or establish more than one multi-candidate
22political committee for each office that public official or
23candidate holds or is seeking. The name of each
24multi-candidate political committee shall identify the names
25of all public officials or candidates supported by the
26multi-candidate political committee.

 

 

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1    (b-10) No public official or candidate for public office
2that maintains a candidate political committee may maintain or
3establish a multi-candidate committee to support his or her
4candidacy for the same office. No public official or candidate
5for public office that maintains a multi-candidate political
6committee may maintain or establish a candidate committee to
7support his or her candidacy for the same office.
8    (c) Beginning January 1, 2011, no State central committee
9of a political party, county central committee of a political
10party, committee formed by a ward or township committeeperson,
11or committee established for the purpose of electing
12candidates to the General Assembly may maintain or establish
13more than one political party committee. The name of the
14committee must include the name of the political party.
15    (d) Beginning January 1, 2011, no natural person, trust,
16partnership, committee, association, corporation, or other
17organization or group of persons forming a political action
18committee shall maintain or establish more than one political
19action committee. The name of a political action committee
20must include the name of the entity forming the committee.
21This subsection does not apply to independent expenditure
22committees.
23    (e) Beginning January 1, 2011, the name of a ballot
24initiative committee must include words describing the
25question of public policy and whether the group supports or
26opposes the question.

 

 

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1    (f) Every political committee shall designate a chair and
2a treasurer. The same person may serve as both chair and
3treasurer of any political committee. A candidate who
4administers his own campaign contributions and expenditures
5shall be deemed a political committee for purposes of this
6Article and shall designate himself as chair, treasurer, or
7both chair and treasurer of such political committee. The
8treasurer of a political committee shall be responsible for
9keeping the records and filing the statements and reports
10required by this Article.
11    (g) No contribution and no expenditure shall be accepted
12or made by or on behalf of a political committee at a time when
13there is a vacancy in the office of chair or treasurer thereof.
14No expenditure shall be made for or on behalf of a political
15committee without the authorization of its chair or treasurer,
16or their designated agents.
17    (h) For purposes of implementing the changes made by this
18amendatory Act of the 96th General Assembly, every political
19committee in existence on the effective date of this
20amendatory Act of the 96th General Assembly shall make the
21designation required by this Section by December 31, 2010.
22(Source: P.A. 100-1027, eff. 1-1-19.)
 
23    (10 ILCS 5/9-3)  (from Ch. 46, par. 9-3)
24    Sec. 9-3. Political committee statement of organization.
25    (a) Every political committee shall file with the State

 

 

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1Board of Elections a statement of organization within 10
2business days of the creation of such committee, except any
3political committee created within the 30 days before an
4election shall file a statement of organization within 2
5business days in person, by facsimile transmission, or by
6electronic mail. Any change in information previously
7submitted in a statement of organization shall be reported, as
8required for the original statement of organization by this
9Section, within 10 days following that change. The Board shall
10impose a civil penalty of $50 per business day upon political
11committees for failing to file or late filing of a statement of
12organization. Such penalties shall not exceed $5,000, and
13shall not exceed $10,000 for statewide office political
14committees. There shall be no fine if the statement is mailed
15and postmarked at least 72 hours prior to the filing deadline.
16    In addition to the civil penalties authorized by this
17Section, the State Board of Elections or any other political
18committee may apply to the circuit court for a temporary
19restraining order or a preliminary or permanent injunction
20against the political committee to cease the expenditure of
21funds and to cease operations until the statement of
22organization is filed.
23    For the purpose of this Section, "statewide office" means
24the Governor, Lieutenant Governor, Secretary of State,
25Attorney General, State Treasurer, and State Comptroller.
26    (b) The statement of organization shall include:

 

 

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1        (1) the name and address of the political committee
2    and the designation required by Section 9-2;
3        (2) the scope, area of activity, party affiliation,
4    and purposes of the political committee;
5        (2.5) for a multi-candidate political committee, the
6    names and offices sought by each candidate supported by
7    the multi-candidate political committee;
8        (3) the name, address, and position of each custodian
9    of the committee's books and accounts;
10        (4) the name, address, and position of the committee's
11    principal officers, including the chairman, treasurer, and
12    officers and members of its finance committee, if any;
13        (5) the name and address of any sponsoring entity;
14        (6) a statement of what specific disposition of
15    residual fund will be made in the event of the dissolution
16    or termination of the committee;
17        (7) a listing of all banks or other financial
18    institutions, safety deposit boxes, and any other
19    repositories or custodians of funds used by the committee;
20    and
21        (8) the amount of funds available for campaign
22    expenditures as of the filing date of the committee's
23    statement of organization.
24    For purposes of this Section, a "sponsoring entity" is (i)
25any person, organization, corporation, or association that
26contributes at least 33% of the total funding of the political

 

 

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1committee or (ii) any person or other entity that is
2registered or is required to register under the Lobbyist
3Registration Act and contributes at least 33% of the total
4funding of the political committee.
5    (c) Each statement of organization required to be filed in
6accordance with this Section shall be verified, dated, and
7signed by either the treasurer of the political committee
8making the statement or the candidate on whose behalf the
9statement is made and shall contain substantially the
10following verification:
11
"VERIFICATION:
12    I declare that this statement of organization (including
13any accompanying schedules and statements) has been examined
14by me and, to the best of my knowledge and belief, is a true,
15correct, and complete statement of organization as required by
16Article 9 of the Election Code. I understand that willfully
17filing a false or incomplete statement is subject to a civil
18penalty of at least $1,001 and up to $5,000.
19................  ..........................................
20(date of filing) (signature of person making the statement)". 
21    (d) The statement of organization for a ballot initiative
22committee also shall include a verification signed by the
23chairperson of the committee that (i) the committee is formed
24for the purpose of supporting or opposing a question of public
25policy, (ii) all contributions and expenditures of the
26committee will be used for the purpose described in the

 

 

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1statement of organization, (iii) the committee may accept
2unlimited contributions from any source, provided that the
3ballot initiative committee does not make contributions or
4expenditures in support of or opposition to a candidate or
5candidates for nomination for election, election, or
6retention, and (iv) failure to abide by these requirements
7shall deem the committee in violation of this Article.
8    (d-5) The statement of organization for an independent
9expenditure committee also shall include a verification signed
10by the chairperson of the committee that (i) the committee is
11formed for the exclusive purpose of making independent
12expenditures, (ii) all contributions and expenditures of the
13committee will be used for the purpose described in the
14statement of organization, (iii) the committee may accept
15unlimited contributions from any source, provided that the
16independent expenditure committee does not make contributions
17to any candidate political committee, political party
18committee, or political action committee, and (iv) failure to
19abide by these requirements shall deem the committee in
20violation of this Article.
21    (e) For purposes of implementing the changes made by this
22amendatory Act of the 96th General Assembly, every political
23committee in existence on the effective date of this
24amendatory Act of the 96th General Assembly shall file the
25statement required by this Section with the Board by December
2631, 2010.

 

 

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1(Source: P.A. 99-522, eff. 6-30-16.)
 
2    (10 ILCS 5/9-8.5)
3    Sec. 9-8.5. Limitations on campaign contributions.
4    (a) It is unlawful for a political committee to accept
5contributions except as provided in this Section.
6    (b) During an election cycle, a candidate political
7committee may not accept contributions with an aggregate value
8over the following: (i) $5,000 from any individual, (ii)
9$10,000 from any corporation, labor organization, or
10association, or (iii) $50,000 from a candidate political
11committee or political action committee. A candidate political
12committee may accept contributions in any amount from a
13political party committee except during an election cycle in
14which the candidate seeks nomination at a primary election.
15During an election cycle in which the candidate seeks
16nomination at a primary election, a candidate political
17committee may not accept contributions from political party
18committees with an aggregate value over the following: (i)
19$200,000 for a candidate political committee established to
20support a candidate seeking nomination to statewide office,
21(ii) $125,000 for a candidate political committee established
22to support a candidate seeking nomination to the Senate, the
23Supreme Court or Appellate Court in the First Judicial
24District, or an office elected by all voters in a county with
251,000,000 or more residents, (iii) $75,000 for a candidate

 

 

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1political committee established to support a candidate seeking
2nomination to the House of Representatives, the Supreme Court
3or Appellate Court for a Judicial District other than the
4First Judicial District, an office elected by all voters of a
5county of fewer than 1,000,000 residents, and municipal and
6county offices in Cook County other than those elected by all
7voters of Cook County, and (iv) $50,000 for a candidate
8political committee established to support the nomination of a
9candidate to any other office. A candidate political committee
10established to elect a candidate to the General Assembly may
11accept contributions from only one legislative caucus
12committee. A candidate political committee may not accept
13contributions from a ballot initiative committee or from an
14independent expenditure committee.
15    (b-5) During an election cycle, the aggregate value of a
16contribution that a multi-candidate political committee may
17accept from a source is equal to the aggregate value of a
18contribution that a candidate political committee would be
19permitted to accept from that source.
20    (c) During an election cycle, a political party committee
21may not accept contributions with an aggregate value over the
22following: (i) $10,000 from any individual, (ii) $20,000 from
23any corporation, labor organization, or association, or (iii)
24$50,000 from a political action committee. A political party
25committee may accept contributions in any amount from another
26political party committee or a candidate political committee,

 

 

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1except as provided in subsection (c-5). Nothing in this
2Section shall limit the amounts that may be transferred
3between a political party committee established under
4subsection (a) of Section 7-8 of this Code and an affiliated
5federal political committee established under the Federal
6Election Code by the same political party. A political party
7committee may not accept contributions from a ballot
8initiative committee or from an independent expenditure
9committee. A political party committee established by a
10legislative caucus may not accept contributions from another
11political party committee established by a legislative caucus.
12    (c-5) During the period beginning on the date candidates
13may begin circulating petitions for a primary election and
14ending on the day of the primary election, a political party
15committee may not accept contributions with an aggregate value
16over $50,000 from a candidate political committee or political
17party committee. A political party committee may accept
18contributions in any amount from a candidate political
19committee or political party committee if the political party
20committee receiving the contribution filed a statement of
21nonparticipation in the primary as provided in subsection
22(c-10). The Task Force on Campaign Finance Reform shall study
23and make recommendations on the provisions of this subsection
24to the Governor and General Assembly by September 30, 2012.
25This subsection becomes inoperative on July 1, 2013 and
26thereafter no longer applies.

 

 

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1    (c-10) A political party committee that does not intend to
2make contributions to candidates to be nominated at a general
3primary election or consolidated primary election may file a
4Statement of Nonparticipation in a Primary Election with the
5Board. The Statement of Nonparticipation shall include a
6verification signed by the chairperson and treasurer of the
7committee that (i) the committee will not make contributions
8or coordinated expenditures in support of or opposition to a
9candidate or candidates to be nominated at the general primary
10election or consolidated primary election (select one) to be
11held on (insert date), (ii) the political party committee may
12accept unlimited contributions from candidate political
13committees and political party committees, provided that the
14political party committee does not make contributions to a
15candidate or candidates to be nominated at the primary
16election, and (iii) failure to abide by these requirements
17shall deem the political party committee in violation of this
18Article and subject the committee to a fine of no more than
19150% of the total contributions or coordinated expenditures
20made by the committee in violation of this Article. This
21subsection becomes inoperative on July 1, 2013 and thereafter
22no longer applies.
23    (d) During an election cycle, a political action committee
24may not accept contributions with an aggregate value over the
25following: (i) $10,000 from any individual, (ii) $20,000 from
26any corporation, labor organization, political party

 

 

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

 

 

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

 

 

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1sent by e-mail to the candidate and the treasurer of the
2candidate's committee if the candidate and the treasurer, as
3applicable, have provided the Board with an e-mail address.
4Upon posting of the notice on the Board's website, all
5candidates for that office, including the public official or
6candidate who filed a Notification of Self-funding, shall be
7permitted to accept contributions in excess of any
8contribution limits imposed by subsection (b). If a public
9official or candidate filed a Notification of Self-funding
10during an election cycle that includes a general primary
11election or consolidated primary election and that public
12official or candidate is nominated, all candidates for that
13office, including the nominee who filed the notification of
14self-funding, shall be permitted to accept contributions in
15excess of any contribution limit imposed by subsection (b) for
16the subsequent election cycle. For the purposes of this
17subsection, "immediate family" means the spouse, parent, or
18child of a public official or candidate.
19    (h-5) If a natural person or independent expenditure
20committee makes independent expenditures in support of or in
21opposition to the campaign of a particular public official or
22candidate in an aggregate amount of more than (i) $250,000 for
23statewide office or (ii) $100,000 for all other elective
24offices in an election cycle, as reported in a written
25disclosure filed under subsection (a) of Section 9-8.6 or
26subsection (e-5) of Section 9-10, then the State Board of

 

 

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

 

 

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1official or candidate for whose benefit or detriment the
2independent expenditures were made. Notice shall be sent via
3first class mail to the candidate and the treasurer of the
4candidate's committee. Notice shall also be sent by e-mail to
5the candidate and the treasurer of the candidate's committee
6if the candidate and the treasurer, as applicable, have
7provided the Board with an e-mail address. Upon posting of the
8notice on the Board's website, all candidates of that office
9in that election, including the public official or candidate
10for whose benefit or detriment the independent expenditures
11were made, may accept contributions in excess of any
12contribution limits imposed by subsection (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
9quarterly report and may not be reported in the aggregate. A
10political action committee facilitating the delivery of
11contributions or receiving contributions shall disclose the
12amount of contributions made through dues delivered or
13received and the name of the corporation, labor organization,
14association, or political action committee delivering the
15contributions, if applicable. On January 1 of each
16odd-numbered year, the State Board of Elections shall adjust
17the amounts of the contribution limitations established in
18this subsection for inflation as determined by the Consumer
19Price Index for All Urban Consumers as issued by the United
20States Department of Labor and rounded to the nearest $100.
21The State Board shall publish this information on its official
22website.
23    (j) A political committee that receives a contribution or
24transfer in violation of this Section shall dispose of the
25contribution or transfer by returning the contribution or
26transfer, or an amount equal to the contribution or transfer,

 

 

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1to the contributor or transferor or donating the contribution
2or transfer, or an amount equal to the contribution or
3transfer, to a charity. A contribution or transfer received in
4violation of this Section that is not disposed of as provided
5in this subsection within 30 days after the Board sends
6notification to the political committee of the excess
7contribution by certified mail shall escheat to the General
8Revenue Fund and the political committee shall be deemed in
9violation of this Section and subject to a civil penalty not to
10exceed 150% of the total amount of the contribution.
11    (k) For the purposes of this Section, "statewide office"
12means the Governor, Lieutenant Governor, Attorney General,
13Secretary of State, Comptroller, and Treasurer.
14    (l) This Section is repealed if and when the United States
15Supreme Court invalidates contribution limits on committees
16formed to assist candidates, political parties, corporations,
17associations, or labor organizations established by or
18pursuant to federal law.
19(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
20    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
21    Sec. 9-10. Disclosure of contributions and expenditures.
22    (a) The treasurer of every political committee shall file
23with the Board reports of campaign contributions and
24expenditures as required by this Section on forms to be
25prescribed or approved by the Board.

 

 

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1    (b) Every political committee shall file quarterly reports
2of campaign contributions, expenditures, and independent
3expenditures. The reports shall cover the period January 1
4through March 31, April 1 through June 30, July 1 through
5September 30, and October 1 through December 31 of each year. A
6political committee shall file quarterly reports no later than
7the 15th day of the month following each period. Reports of
8contributions and expenditures must be filed to cover the
9prescribed time periods even though no contributions or
10expenditures may have been received or made during the period.
11The Board shall assess a civil penalty not to exceed $5,000 for
12failure to file a report required by this subsection. The
13fine, however, shall not exceed $1,000 for a first violation
14if the committee files less than 10 days after the deadline.
15There shall be no fine if the report is mailed and postmarked
16at least 72 hours prior to the filing deadline. When
17considering the amount of the fine to be imposed, the Board
18shall consider whether the violation was committed
19inadvertently, negligently, knowingly, or intentionally and
20any past violations of this Section.
21    (c) A political committee shall file a report of any
22contribution of $1,000 or more electronically with the Board
23within 5 business days after receipt of the contribution,
24except that the report shall be filed within 2 business days
25after receipt if (i) the contribution is received 30 or fewer
26days before the date of an election and (ii) the political

 

 

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1committee supports or opposes a candidate or public question
2on the ballot at that election or makes expenditures in excess
3of $500 on behalf of or in opposition to a candidate,
4candidates, a public question, or public questions on the
5ballot at that election. The State Board shall allow filings
6of reports of contributions of $1,000 or more by political
7committees that are not required to file electronically to be
8made by facsimile transmission. The Board shall assess a civil
9penalty for failure to file a report required by this
10subsection. Failure to report each contribution is a separate
11violation of this subsection. The Board shall impose fines for
12willful or wanton violations of this subsection (c) not to
13exceed 150% of the total amount of the contributions that were
14untimely reported, but in no case shall it be less than 10% of
15the total amount of the contributions that were untimely
16reported. When considering the amount of the fine to be
17imposed for willful or wanton violations, the Board shall
18consider the number of days the contribution was reported late
19and past violations of this Section and Section 9-3. The Board
20may impose a fine for negligent or inadvertent violations of
21this subsection not to exceed 50% of the total amount of the
22contributions that were untimely reported, or the Board may
23waive the fine. When considering whether to impose a fine and
24the amount of the fine, the Board shall consider the following
25factors: (1) whether the political committee made an attempt
26to disclose the contribution and any attempts made to correct

 

 

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1the violation, (2) whether the violation is attributed to a
2clerical or computer error, (3) the amount of the
3contribution, (4) whether the violation arose from a
4discrepancy between the date the contribution was reported
5transferred by a political committee and the date the
6contribution was received by a political committee, (5) the
7number of days the contribution was reported late, and (6)
8past violations of this Section and Section 9-3 by the
9political committee.
10    (c-5) Any candidate that accepts contributions or makes
11expenditures during any 12-month period in an aggregate amount
12exceeding $5,000 on behalf of the candidate's campaign shall
13form a candidate political committee or a multi-candidate
14political committee and file the appropriate reports as
15detailed in this section.
16    (d) For the purpose of this Section, a contribution is
17considered received on the date (i) a monetary contribution
18was deposited in a bank, financial institution, or other
19repository of funds for the committee, (ii) the date a
20committee receives notice a monetary contribution was
21deposited by an entity used to process financial transactions
22by credit card or other entity used for processing a monetary
23contribution that was deposited in a bank, financial
24institution, or other repository of funds for the committee,
25or (iii) the public official, candidate, or political
26committee receives the notification of contribution of goods

 

 

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1or services as required under subsection (b) of Section 9-6.
2    (e) A political committee that makes independent
3expenditures of $1,000 or more shall file a report
4electronically with the Board within 5 business days after
5making the independent expenditure, except that the report
6shall be filed within 2 business days after making the
7independent expenditure during the 60-day period before an
8election.
9    (e-5) An independent expenditure committee that makes an
10independent expenditure supporting or opposing a public
11official or candidate that, alone or in combination with any
12other independent expenditure made by that independent
13expenditure committee supporting or opposing that public
14official or candidate during the election cycle, equals an
15aggregate value of more than (i) $250,000 for statewide office
16or (ii) $100,000 for all other elective offices must file a
17written disclosure with the State Board of Elections within 2
18business days after making any expenditure that results in the
19independent expenditure committee exceeding the applicable
20threshold. The Board shall assess a civil penalty against an
21independent expenditure committee for failure to file the
22disclosure required by this subsection not to exceed (i) $500
23for an initial failure to file the required disclosure and
24(ii) $1,000 for each subsequent failure to file the required
25disclosure.
26    (f) A copy of each report or statement filed under this

 

 

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1Article shall be preserved by the person filing it for a period
2of two years from the date of filing.
3    (g) An expenditure on behalf of a candidate made by any
4political committee in connection, consultation, or concert
5with or at the request or suggestion of the candidate, the
6candidate's campaign, or the agent or agents of the candidate
7or campaign shall be considered a contribution to that
8candidate and is subject to limitations on contributions and
9reporting requirements in accordance with this Act. This
10subsection shall not apply to expenditures made by a candidate
11political committee on behalf of the candidate named in the
12committee's statement of organization.
13    (h) The reports made by a multi-candidate political
14committee of campaign expenses shall include the monetary
15value of the expense to each of the candidates listed on the
16statement of organization of organization for the
17multi-candidate political committee.
18    (i) The reports made by a multi-candidate political
19committee of campaign contributions received by the committee
20shall, in the case of any contribution other than a transfer of
21funds, report the monetary value of the contribution to each
22of the candidates listed on the statement of organization of
23organization for the multi-candidate political committee.
24    (j) A political committee that makes any expenditure other
25than a transfer of funds in support of a multi-candidate
26political committee shall report the monetary value of the

 

 

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1expense to each of the candidates listed on the statement of
2organization for the multi-candidate political committee.
3(Source: P.A. 99-437, eff. 1-1-16.)