97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5338

 

Introduced 2/8/2012, by Rep. Karen May

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-8.6

    Amends the Election Code. Removes language providing that an independent expenditure made in connection, consultation, or concert with a public official or candidate shall be considered a contribution. Provides that an expenditure is independent of a candidate or political committee if and only if it meets certain conditions. Provides that any person other than a natural person or political committee who makes an independent expenditure supporting or opposing a public official or candidate that, alone or in combination with any other independent expenditure made by the person supporting or opposing that public official or candidate during any 12-month period, equals an aggregate value of at least $3,000 shall file a written disclosure with the State Board of Elections within 2 business days of meeting or exceeding the $3,000 threshold. Provides that a natural person, or any person other than a natural person or political committee, who makes a written disclosure with the Board shall have a continuing obligation to report further expenditures in $1,000 increments. Removes language providing that any entity other than a natural person that makes expenditures in an aggregate amount exceeding $3,000 during any 12-month period supporting or opposing a public official or candidate must organize as a political committee. Provides that the Board may impose a fine for violations of the provisions concerning independent expenditures.


LRB097 18859 PJG 64097 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5338LRB097 18859 PJG 64097 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
59-8.6 as follows:
 
6    (10 ILCS 5/9-8.6)
7    Sec. 9-8.6. Independent expenditures.
8    (a) An expenditure that leads to, or creates the appearance
9of, quid pro quo corruption shall not be considered an
10independent expenditure. An independent expenditure in
11relation to a candidate or ballot initiative is not considered
12a contribution to a political committee affiliated with that
13candidate or ballot initiative. An expenditure made by a
14natural person or political committee for an electioneering
15communication in connection, consultation, or concert with or
16at the request or suggestion of the public official or
17candidate, the public official's or candidate's candidate
18political committee, or the agent or agents of the public
19official, candidate, or political committee or campaign shall
20not be considered an independent expenditure but rather shall
21be considered a contribution to the public official's or
22candidate's candidate political committee. An expenditure is
23independent of a candidate or political committee if and only

 

 

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1if: (i) it is made without connection, consultation, or concert
2with a candidate or political committee; (ii) the person or
3entity making the expenditure did not communicate its plans or
4intentions for the expenditure in any way which a candidate or
5political committee might reasonably be expected to discover;
6(iii) in the case of an expenditure relating to a candidate for
7public office, neither the candidate nor any representative of
8the candidate appeared at any event or in any fundraising
9activity sponsored by or on behalf of the person or entity
10making the expenditure in the period since the last election of
11that candidate; and (iv) in the case of an expenditure relating
12to a candidate for public office, neither the person making the
13expenditure, nor any employee or agent of, or consultant to,
14the person or entity making the expenditure worked in any
15capacity for the candidate or his or her political committee
16during the period since the last election of that candidate.
17    (a-5) A natural person who makes an independent expenditure
18supporting or opposing a public official or candidate that,
19alone or in combination with any other independent expenditure
20made by that natural person supporting or opposing that public
21official or candidate during any 12-month period, equals an
22aggregate value of at least $3,000 must file a written
23disclosure with the State Board of Elections within 2 business
24days after making any expenditure that results in the natural
25person meeting or exceeding the $3,000 threshold. A natural
26person who has made a written disclosure with the State Board

 

 

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1of Elections shall have a continuing obligation to report
2further expenditures in relation to the same election, in
3$1,000 increments, to the State Board until the conclusion of
4that election. Each disclosure must identify the natural
5person, the public official or candidate supported or opposed,
6the date, amount, and nature of each independent expenditure,
7and the natural person's occupation and employer.
8    Any person other than a natural person or political
9committee who makes an independent expenditure supporting or
10opposing a public official or candidate that, alone or in
11combination with any other independent expenditure made by the
12person supporting or opposing that public official or candidate
13during any 12-month period, equals an aggregate value of at
14least $3,000 shall file a written disclosure with the State
15Board of Elections within 2 business days of meeting or
16exceeding the $3,000 threshold. The written disclosure shall
17include the gross receipts of the person making the independent
18expenditure, the name of any person or entity responsible for
1920% or more of the gross receipts, and the dollar amount for
20which that person or entity is responsible. A person other than
21a natural person or a political committee who has made a
22written disclosure with the State Board of Elections shall have
23a continuing obligation to report further expenditures in
24relation to the same election, in $1,000 increments, to the
25State Board until the conclusion of that election. Each
26disclosure must identify the person making the expenditure, the

 

 

HB5338- 4 -LRB097 18859 PJG 64097 b

1public official or candidate supported or opposed, and the
2date, amount, and nature of each independent expenditure. A
3person other than a natural person or political committee shall
4also report any receipt that, alone or in aggregate together
5with other receipts from the same source in the preceding 12
6months, exceeds 20% of their gross receipts as of the day that
7they began to engage in independent expenditures; provided that
8this obligation to report receipts shall end on the day of the
9next election for persons other than a natural person or a
10political committee who cease engaging in independent
11expenditures.
12    (b) Any person other than a natural person or a political
13committee who makes one or more independent expenditures for a
14communication with an aggregate value of at least $3,000 shall
15include within the communication the names of any person or
16entity responsible for 20% or more of the gross receipts or
17revenues of the person making the independent expenditure in
18the preceding 12 months. Any entity other than a natural person
19that makes expenditures of any kind in an aggregate amount
20exceeding $3,000 during any 12-month period supporting or
21opposing a public official or candidate must organize as a
22political committee in accordance with this Article.
23    (c) Every political committee that makes independent
24expenditures must report all such independent expenditures as
25required under Section 9-10 of this Article.
26    (d) In addition to any other remedies provided for by this

 

 

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1Article, the Board may impose a fine for violations of this
2Section not to exceed 100% of the total amount of the
3expenditures that were untimely reported, or the Board may, in
4its discretion, waive the fine. When considering whether to
5impose a fine and the amount of the fine, the Board shall
6consider the following factors: (i) whether the person made an
7attempt to disclose the contribution and any attempts made to
8correct the violation, (ii) whether the violation is attributed
9to a clerical or computer error, (iii) the amount of the
10expenditure, (iv) the number of days the expenditure was
11reported late, and (v) past violations of this Section and
12Section 9-3 by the person.
13(Source: P.A. 96-832, eff. 7-1-10.)