97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1272

 

Introduced 2/8/2011, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-8.5

    Amends the Election Code. Sets limits on contributions from political party committees to candidate political committees during an election cycle at which candidates seek election at a general election.


LRB097 07818 RLJ 47931 b

 

 

A BILL FOR

 

SB1272LRB097 07818 RLJ 47931 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
59-8.5 as follows:
 
6    (10 ILCS 5/9-8.5)
7    Sec. 9-8.5. Limitations on campaign contributions.
8    (a) It is unlawful for a political committee to accept
9contributions except as provided in this Section.
10    (b) During an election cycle, a candidate political
11committee may not accept contributions with an aggregate value
12over the following: (i) $5,000 from any individual, (ii)
13$10,000 from any corporation, labor organization, or
14association, or (iii) $50,000 from a candidate political
15committee or political action committee. A candidate political
16committee may accept contributions in any amount from a
17political party committee except during an election cycle in
18which the candidate seeks nomination at a primary election.
19During an election cycle in which the candidate seeks
20nomination at a primary election, a candidate political
21committee may not accept contributions from political party
22committees with an aggregate value over the following: (i)
23$200,000 for a candidate political committee established to

 

 

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1support a candidate seeking nomination to statewide office,
2(ii) $125,000 for a candidate political committee established
3to support a candidate seeking nomination to the Senate, the
4Supreme Court or Appellate Court in the First Judicial
5District, or an office elected by all voters in a county with
61,000,000 or more residents, (iii) $75,000 for a candidate
7political committee established to support a candidate seeking
8nomination to the House of Representatives, the Supreme Court
9or Appellate Court for a Judicial District other than the First
10Judicial District, an office elected by all voters of a county
11of fewer than 1,000,000 residents, and municipal and county
12offices in Cook County other than those elected by all voters
13of Cook County, and (iv) $50,000 for a candidate political
14committee established to support the nomination of a candidate
15to any other office. During an election cycle in which the
16candidate seeks election at a general election, a candidate
17political committee may not accept contributions from
18political party committees with an aggregate value over the
19following: (i) $300,000 for a candidate political committee
20established to support a candidate seeking election to
21statewide office, (ii) $175,000 for a candidate political
22committee established to support a candidate seeking election
23to the Senate, the Supreme Court or Appellate Court in the
24First Judicial District, or an office elected by all voters in
25a county with 1,000,000 or more residents, (iii) $125,000 for a
26candidate political committee established to support a

 

 

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1candidate seeking election to the House of Representatives, the
2Supreme Court or Appellate Court for a Judicial District other
3than the First Judicial District, an office elected by all
4voters of a county of fewer than 1,000,000 residents, and
5municipal and county offices in Cook County other than those
6elected by all voters of Cook County, and (iv) $85,000 for a
7candidate political committee established to support the
8election of a candidate to any other office. A candidate
9political committee established to elect a candidate to the
10General Assembly may accept contributions from only one
11legislative caucus committee. A candidate political committee
12may not accept contributions from a ballot initiative
13committee.
14    (c) During an election cycle, a political party committee
15may not accept contributions with an aggregate value over the
16following: (i) $10,000 from any individual, (ii) $20,000 from
17any corporation, labor organization, or association, or (iii)
18$50,000 from a political action committee. A political party
19committee may accept contributions in any amount from another
20political party committee or a candidate political committee,
21except as provided in subsection (c-5). Nothing in this Section
22shall limit the amounts that may be transferred between a State
23political committee and federal political committee. A
24political party committee may not accept contributions from a
25ballot initiative committee. A political party committee
26established by a legislative caucus may not accept

 

 

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1contributions from another political party committee
2established by a legislative caucus.
3    (c-5) During the period beginning on the date candidates
4may begin circulating petitions for a primary election and
5ending on the day of the primary election, a political party
6committee may not accept contributions with an aggregate value
7over $50,000 from a candidate political committee or political
8party committee. A political party committee may accept
9contributions in any amount from a candidate political
10committee or political party committee if the political party
11committee receiving the contribution filed a statement of
12nonparticipation in the primary as provided in subsection
13(c-10). The Task Force on Campaign Finance Reform shall study
14and make recommendations on the provisions of this subsection
15to the Governor and General Assembly by September 30, 2012.
16This subsection becomes inoperative on July 1, 2013 and
17thereafter no longer applies.
18    (c-10) A political party committee that does not intend to
19make contributions to candidates to be nominated at a general
20primary election or consolidated primary election may file a
21Statement of Nonparticipation in a Primary Election with the
22Board. The Statement of Nonparticipation shall include a
23verification signed by the chairperson and treasurer of the
24committee that (i) the committee will not make contributions or
25coordinated expenditures in support of or opposition to a
26candidate or candidates to be nominated at the general primary

 

 

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1election or consolidated primary election (select one) to be
2held on (insert date), (ii) the political party committee may
3accept unlimited contributions from candidate political
4committees and political party committees, provided that the
5political party committee does not make contributions to a
6candidate or candidates to be nominated at the primary
7election, and (iii) failure to abide by these requirements
8shall deem the political party committee in violation of this
9Article and subject the committee to a fine of no more than
10150% of the total contributions or coordinated expenditures
11made by the committee in violation of this Article. This
12subsection becomes inoperative on July 1, 2013 and thereafter
13no longer applies.
14    (d) During an election cycle, a political action committee
15may not accept contributions with an aggregate value over the
16following: (i) $10,000 from any individual, (ii) $20,000 from
17any corporation, labor organization, political party
18committee, or association, or (iii) $50,000 from a political
19action committee or candidate political committee. A political
20action committee may not accept contributions from a ballot
21initiative committee.
22    (e) A ballot initiative committee may accept contributions
23in any amount from any source, provided that the committee
24files the document required by Section 9-3 of this Article.
25    (f) Nothing in this Section shall prohibit a political
26committee from dividing the proceeds of joint fundraising

 

 

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1efforts; provided that no political committee may receive more
2than the limit from any one contributor.
3    (g) On January 1 of each odd-numbered year, the State Board
4of Elections shall adjust the amounts of the contribution
5limitations established in this Section for inflation as
6determined by the Consumer Price Index for All Urban Consumers
7as issued by the United States Department of Labor and rounded
8to the nearest $100. The State Board shall publish this
9information on its official website.
10    (h) Self-funding candidates. If a public official, a
11candidate, or the public official's or candidate's immediate
12family contributes or loans to the public official's or
13candidate's political committee or to other political
14committees that transfer funds to the public official's or
15candidate's political committee or makes independent
16expenditures for the benefit of the public official's or
17candidate's campaign during the 12 months prior to an election
18in an aggregate amount of more than (i) $250,000 for statewide
19office or (ii) $100,000 for all other elective offices, then
20the public official or candidate shall file with the State
21Board of Elections, within one day, a Notification of
22Self-funding that shall detail each contribution or loan made
23by the public official, the candidate, or the public official's
24or candidate's immediate family. Within 2 business days after
25the filing of a Notification of Self-funding, the notification
26shall be posted on the Board's website and the Board shall give

 

 

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1official notice of the filing to each candidate for the same
2office as the public official or candidate making the filing,
3including the public official or candidate filing the
4Notification of Self-funding. Upon receiving notice from the
5Board, all candidates for that office, including the public
6official or candidate who filed a Notification of Self-funding,
7shall be permitted to accept contributions in excess of any
8contribution limits imposed by subsection (b). For the purposes
9of this subsection, "immediate family" means the spouse,
10parent, or child of a public official or candidate.
11    (i) For the purposes of this Section, a corporation, labor
12organization, association, or a political action committee
13established by a corporation, labor organization, or
14association may act as a conduit in facilitating the delivery
15to a political action committee of contributions made through
16dues, levies, or similar assessments and the political action
17committee may report the contributions in the aggregate,
18provided that: (i) the dues, levies, or similar assessments
19paid by any natural person, corporation, labor organization, or
20association in a calendar year may not exceed the limits set
21forth in this Section and (ii) the corporation, labor
22organization, association, or a political action committee
23established by a corporation, labor organization, or
24association facilitating the delivery of contributions
25maintains a list of natural persons, corporations, labor
26organizations, and associations that paid the dues, levies, or

 

 

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1similar assessments from which the contributions comprising
2the aggregate amount derive. A political action committee
3facilitating the delivery of contributions or receiving
4contributions shall disclose the amount of dues delivered or
5received and the name of the corporation, labor organization,
6association, or political action committee delivering the
7contributions, if applicable.
8    (j) A political committee that receives a contribution or
9transfer in violation of this Section shall dispose of the
10contribution or transfer by returning the contribution or
11transfer, or an amount equal to the contribution or transfer,
12to the contributor or transferor or donating the contribution
13or transfer, or an amount equal to the contribution or
14transfer, to a charity. A contribution or transfer received in
15violation of this Section that is not disposed of as provided
16in this subsection within 15 days after its receipt shall
17escheat to the General Revenue Fund and the political committee
18shall be deemed in violation of this Section and subject to a
19civil penalty not to exceed 150% of the total amount of the
20contribution.
21    (k) For the purposes of this Section, "statewide office"
22means the Governor, Lieutenant Governor, Attorney General,
23Secretary of State, Comptroller, and Treasurer.
24    (l) This Section is repealed if and when the United States
25Supreme Court invalidates contribution limits on committees
26formed to assist candidates, political parties, corporations,

 

 

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1associations, or labor organizations established by or
2pursuant to federal law.
3(Source: P.A. 96-832, eff. 1-1-11.)