97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3722

 

Introduced 2/10/2012, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-8.5

    Amends the Election Code. Provides that contributions to a political action committee made through dues, levies, or similar assessments paid by any natural person, corporation, labor organization, or association in a calendar year may not exceed $500 (now, may not exceed the limits set forth in the Section). Effective immediately.


LRB097 17968 PJG 63191 b

 

 

A BILL FOR

 

SB3722LRB097 17968 PJG 63191 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. A candidate political committee
16established to elect a candidate to the General Assembly may
17accept contributions from only one legislative caucus
18committee. A candidate political committee may not accept
19contributions from a ballot initiative committee.
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 Section
2shall limit the amounts that may be transferred between a State
3political committee and federal political committee. A
4political party committee may not accept contributions from a
5ballot initiative committee. A political party committee
6established by a legislative caucus may not accept
7contributions from another political party committee
8established by a legislative caucus.
9    (c-5) During the period beginning on the date candidates
10may begin circulating petitions for a primary election and
11ending on the day of the primary election, a political party
12committee may not accept contributions with an aggregate value
13over $50,000 from a candidate political committee or political
14party committee. A political party committee may accept
15contributions in any amount from a candidate political
16committee or political party committee if the political party
17committee receiving the contribution filed a statement of
18nonparticipation in the primary as provided in subsection
19(c-10). The Task Force on Campaign Finance Reform shall study
20and make recommendations on the provisions of this subsection
21to the Governor and General Assembly by September 30, 2012.
22This subsection becomes inoperative on July 1, 2013 and
23thereafter no longer applies.
24    (c-10) A political party committee that does not intend to
25make contributions to candidates to be nominated at a general
26primary election or consolidated primary election may file a

 

 

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1Statement of Nonparticipation in a Primary Election with the
2Board. The Statement of Nonparticipation shall include a
3verification signed by the chairperson and treasurer of the
4committee that (i) the committee will not make contributions or
5coordinated expenditures in support of or opposition to a
6candidate or candidates to be nominated at the general primary
7election or consolidated primary election (select one) to be
8held on (insert date), (ii) the political party committee may
9accept unlimited contributions from candidate political
10committees and political party committees, provided that the
11political party committee does not make contributions to a
12candidate or candidates to be nominated at the primary
13election, and (iii) failure to abide by these requirements
14shall deem the political party committee in violation of this
15Article and subject the committee to a fine of no more than
16150% of the total contributions or coordinated expenditures
17made by the committee in violation of this Article. This
18subsection becomes inoperative on July 1, 2013 and thereafter
19no longer applies.
20    (d) During an election cycle, a political action 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, political party
24committee, or association, or (iii) $50,000 from a political
25action committee or candidate political committee. A political
26action committee may not accept contributions from a ballot

 

 

SB3722- 5 -LRB097 17968 PJG 63191 b

1initiative committee.
2    (e) A ballot initiative committee may accept contributions
3in any amount from any source, provided that the committee
4files the document required by Section 9-3 of this Article.
5    (f) Nothing in this Section shall prohibit a political
6committee from dividing the proceeds of joint fundraising
7efforts; provided that no political committee may receive more
8than the limit from any one contributor.
9    (g) On January 1 of each odd-numbered year, the State Board
10of Elections shall adjust the amounts of the contribution
11limitations established in this Section for inflation as
12determined by the Consumer Price Index for All Urban Consumers
13as issued by the United States Department of Labor and rounded
14to the nearest $100. The State Board shall publish this
15information on its official website.
16    (h) Self-funding candidates. If a public official, a
17candidate, or the public official's or candidate's immediate
18family contributes or loans to the public official's or
19candidate's political committee or to other political
20committees that transfer funds to the public official's or
21candidate's political committee or makes independent
22expenditures for the benefit of the public official's or
23candidate's campaign during the 12 months prior to an election
24in an aggregate amount of more than (i) $250,000 for statewide
25office or (ii) $100,000 for all other elective offices, then
26the public official or candidate shall file with the State

 

 

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

 

 

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1exceed $500 the limits set forth in this Section and (ii) the
2corporation, labor organization, association, or a political
3action committee established by a corporation, labor
4organization, or association facilitating the delivery of
5contributions maintains a list of natural persons,
6corporations, labor organizations, and associations that paid
7the dues, levies, or similar assessments from which the
8contributions comprising the aggregate amount derive. A
9political action committee facilitating the delivery of
10contributions or receiving contributions shall disclose the
11amount of contributions made through dues delivered or received
12and the name of the corporation, labor organization,
13association, or political action committee delivering the
14contributions, if applicable.
15    (j) A political committee that receives a contribution or
16transfer in violation of this Section shall dispose of the
17contribution or transfer by returning the contribution or
18transfer, or an amount equal to the contribution or transfer,
19to the contributor or transferor or donating the contribution
20or transfer, or an amount equal to the contribution or
21transfer, to a charity. A contribution or transfer received in
22violation of this Section that is not disposed of as provided
23in this subsection within 15 days after its receipt shall
24escheat to the General Revenue Fund and the political committee
25shall be deemed in violation of this Section and subject to a
26civil penalty not to exceed 150% of the total amount of the

 

 

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1contribution.
2    (k) For the purposes of this Section, "statewide office"
3means the Governor, Lieutenant Governor, Attorney General,
4Secretary of State, Comptroller, and Treasurer.
5    (l) This Section is repealed if and when the United States
6Supreme Court invalidates contribution limits on committees
7formed to assist candidates, political parties, corporations,
8associations, or labor organizations established by or
9pursuant to federal law.
10(Source: P.A. 96-832, eff. 1-1-11.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.