Illinois General Assembly - Full Text of HB3804
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Full Text of HB3804  103rd General Assembly

HB3804 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3804

 

Introduced 2/17/2023, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-1  from Ch. 46, par. 9-1
10 ILCS 5/9-1.4  from Ch. 46, par. 9-1.4
10 ILCS 5/9-1.5  from Ch. 46, par. 9-1.5
10 ILCS 5/9-1.8  from Ch. 46, par. 9-1.8
10 ILCS 5/9-1.14
10 ILCS 5/9-1.15
10 ILCS 5/9-1.16 new
10 ILCS 5/9-1.17 new
10 ILCS 5/9-3  from Ch. 46, par. 9-3
10 ILCS 5/9-3.6 new
10 ILCS 5/9-3.10 new
10 ILCS 5/9-10  from Ch. 46, par. 9-10
10 ILCS 5/9-10.5 new
10 ILCS 5/9-22  from Ch. 46, par. 9-22
10 ILCS 5/9-28.5
10 ILCS 5/9.50 new
10 ILCS 5/9-8.6 rep.

    Amends the Election Code. Sets forth provisions concerning independent expenditures; coordinated expenditures; transfer records for independent expenditures; reporting requirements for independent expenditures; disclosure of original contributors on independent expenditures for public communications; judicial review of actions of the State Board of Elections; and a prohibition on structured contributions. Replaces references to "electioneering communication" with "election spending". Defines terms. Makes other changes.


LRB103 29670 BMS 56072 b

 

 

A BILL FOR

 

HB3804LRB103 29670 BMS 56072 b

1    AN ACT concerning regulation.
 
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, 9-1.4, 9-1.5, 9-1.8, 9-1.14, 9-1.15, 9-3, 9-10,
69-22, and 9-28.5 and by adding Sections 9-1.16, 9-1.17, 9-3.6,
79-3.10, 9-10.5, and 9.50 as follows:
 
8    (10 ILCS 5/9-1)  (from Ch. 46, par. 9-1)
9    Sec. 9-1. As used in this Article, unless the context
10otherwise requires, the terms defined in Sections 9-1.1
11through 9-1.17 9-1.13, have the respective meanings as defined
12in those Sections.
13(Source: P.A. 86-873.)
 
14    (10 ILCS 5/9-1.4)  (from Ch. 46, par. 9-1.4)
15    Sec. 9-1.4. Contribution.
16    (A) "Contribution" means:
17    (1) a gift, subscription, donation, dues, loan, advance,
18deposit of money, or anything of value, knowingly received in
19connection with the nomination for election, election, or
20retention of any candidate or person to or in public office or
21in connection with any question of public policy;
22    (1.5) a gift, subscription, donation, dues, loan, advance,

 

 

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1deposit of money, or anything of value that constitutes
2election spending an electioneering communication made in
3concert or cooperation with or at the request, suggestion, or
4knowledge of a candidate, a political committee, or any of
5their agents;
6    (2) the purchase of tickets for fund-raising events,
7including but not limited to dinners, luncheons, cocktail
8parties, and rallies made in connection with the nomination
9for election, election, or retention of any person in or to
10public office, or in connection with any question of public
11policy;
12    (3) a transfer of funds received by a political committee
13from another political committee;
14    (4) the services of an employee donated by an employer, in
15which case the contribution shall be listed in the name of the
16employer, except that any individual services provided
17voluntarily and without promise or expectation of compensation
18from any source shall not be deemed a contribution; and
19    (5) an expenditure by a political committee made in
20cooperation, consultation, or concert with another political
21committee.
22    (A-5) "In-kind contribution" means anything of value,
23other than a direct contribution of funds, knowingly received
24in connection with the nomination for election, election, or
25retention of any candidate or person to or in public office or
26in connection with any question of public policy, including:

 

 

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1        (1) goods or services provided free of charge or at
2    less than their market value; and
3        (2) anything of value that constitutes election
4    spending made in concert or cooperation with or at the
5    request, suggestion, or knowledge of a candidate, a
6    political committee, or any of their agents.
7        (B) "Contribution" does not include:
8            (a) the use of real or personal property and the
9        cost of invitations, food, and beverages, voluntarily
10        provided by an individual in rendering voluntary
11        personal services on the individual's residential
12        premises for candidate-related activities; provided
13        the value of the service provided does not exceed an
14        aggregate of $150 in a reporting period;
15            (b) the sale of any food or beverage by a vendor
16        for use in a candidate's campaign at a charge less than
17        the normal comparable charge, if such charge for use
18        in a candidate's campaign is at least equal to the cost
19        of such food or beverage to the vendor;
20            (c) communications by a corporation to its
21        stockholders and executive or administrative personnel
22        or their families;
23            (d) communications by an association to its
24        members and executive or administrative personnel or
25        their families;
26            (e) voter registration or other campaigns

 

 

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1        encouraging voting that make no mention of any clearly
2        identified candidate, public question, political
3        party, group, or combination thereof;
4            (f) a loan of money by a national or State bank or
5        credit union made in accordance with the applicable
6        banking laws and regulations and in the ordinary
7        course of business, but the loan shall be listed on
8        disclosure reports required by this Article; however,
9        the use, ownership, or control of any security for
10        such a loan, if provided by a person other than the
11        candidate or his or her committee, qualifies as a
12        contribution; or
13            (g) an independent expenditure.
14        (C) Interest or other investment income, earnings or
15    proceeds, and refunds or returns of all or part of a
16    committee's previous expenditures shall not be considered
17    contributions but shall be listed on disclosure reports
18    required by this Article.
19(Source: P.A. 96-832, eff. 1-1-11.)
 
20    (10 ILCS 5/9-1.5)  (from Ch. 46, par. 9-1.5)
21    Sec. 9-1.5. Expenditure.
22    (A) "Expenditure" means:
23        (1) a payment, distribution, purchase, loan, advance,
24    deposit, gift of money, or anything of value, in
25    connection with the nomination for election, election, or

 

 

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1    retention of any person to or in public office or in
2    connection with any question of public policy;
3        (2) a payment, distribution, purchase, loan, advance,
4    deposit, gift of money, or anything of value that
5    constitutes election spending an electioneering
6    communication made in concert or cooperation with or at
7    the request, suggestion, or knowledge of a candidate, a
8    political committee, or any of their agents; or
9        (3) a transfer of funds by a political committee to
10    another political committee.
11    (B) "Expenditure" does not include:
12        (a) the use of real or personal property and the cost
13    of invitations, food, and beverages, voluntarily provided
14    by an individual in rendering voluntary personal services
15    on the individual's residential premises for
16    candidate-related activities; provided the value of the
17    service provided does not exceed an aggregate of $150 in a
18    reporting period; or
19        (b) the sale of any food or beverage by a vendor for
20    use in a candidate's campaign at a charge less than the
21    normal comparable charge, if such charge for use in a
22    candidate's campaign is at least equal to the cost of such
23    food or beverage to the vendor.
24(Source: P.A. 96-832, eff. 1-1-11.)
 
25    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)

 

 

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1    Sec. 9-1.8. Political committees.
2    (a) "Political committee" includes a candidate political
3committee, a political party committee, a political action
4committee, a ballot initiative committee, and an independent
5expenditure committee.
6    (b) "Candidate political committee" means the candidate
7himself or herself or any natural person, trust, partnership,
8corporation, or other organization or group of persons
9designated by the candidate that accepts contributions or
10makes expenditures during any 12-month period in an aggregate
11amount exceeding $5,000 on behalf of the candidate.
12    (c) "Political party committee" means the State central
13committee of a political party, a county central committee of
14a political party, a legislative caucus committee, or a
15committee formed by a ward or township committeeperson of a
16political party. For purposes of this Article, a "legislative
17caucus committee" means a committee established for the
18purpose of electing candidates to the General Assembly by the
19person elected President of the Senate, Minority Leader of the
20Senate, Speaker of the House of Representatives, Minority
21Leader of the House of Representatives, or a committee
22established by 5 or more members of the same caucus of the
23Senate or 10 or more members of the same caucus of the House of
24Representatives.
25    (d) "Political action committee" means any natural person,
26trust, partnership, committee, association, corporation, or

 

 

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1other organization or group of persons, other than a
2candidate, political party, candidate political committee, or
3political party committee, that accepts contributions or makes
4expenditures during any 12-month period in an aggregate amount
5exceeding $5,000 on behalf of or in opposition to a candidate
6or candidates for public office. "Political action committee"
7includes any natural person, trust, partnership, committee,
8association, corporation, or other organization or group of
9persons, other than a candidate, political party, candidate
10political committee, or political party committee, that
11engages in election spending makes electioneering
12communications during any 12-month period in an aggregate
13amount exceeding $5,000 related to any candidate or candidates
14for public office.
15    (e) "Ballot initiative committee" means any natural
16person, trust, partnership, committee, association,
17corporation, or other organization or group of persons that
18accepts contributions or makes expenditures during any
1912-month period in an aggregate amount exceeding $5,000 in
20support of or in opposition to any question of public policy to
21be submitted to the electors. "Ballot initiative committee"
22includes any natural person, trust, partnership, committee,
23association, corporation, or other organization or group of
24persons that engages in election spending makes electioneering
25communications during any 12-month period in an aggregate
26amount exceeding $5,000 related to any question of public

 

 

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1policy to be submitted to the voters. The $5,000 threshold
2applies to any contributions or expenditures received or made
3with the purpose of securing a place on the ballot for,
4advocating the defeat or passage of, or engaging in election
5spending electioneering communication regarding the question
6of public policy, regardless of the method of initiation of
7the question of public policy and regardless of whether
8petitions have been circulated or filed with the appropriate
9office or whether the question has been adopted and certified
10by the governing body.
11    (f) "Independent expenditure committee" means any trust,
12partnership, committee, association, corporation, or other
13organization or group of persons that:
14        (1) makes independent expenditures during any 12-month
15    period in an aggregate amount exceeding $5,000;
16        (2) has as one of its major purposes influencing the
17    nomination or election of a candidate or candidates; and
18        (3) does not do any of the following:
19            (i) make contributions to any political committee
20        other than a ballot initiative committee or another
21        independent expenditure committee;
22            (ii) coordinate fundraising with any candidate or
23        another political committee, other than a ballot
24        initiative committee or another independent
25        expenditure committee;
26            (iii) coordinate fundraising or spending with any

 

 

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1        group established, financed, maintained, or controlled
2        by a candidate or another political committee, other
3        than a ballot initiative committee or another
4        independent expenditure committee;
5            (iv) employ the services of a person that during
6        the previous 2 years had provided campaign services
7        for a public official or candidate whom the trust,
8        partnership, committee, association, corporation, or
9        other organization or group supports, unless the
10        person establishes an effective firewall as described
11        in subsection (f) of Section 9-1.17.
12    In this subsection (f), "coordinate" means to make in
13cooperation, consultation, or concert with, or at the request
14or suggestion of, a candidate, a candidate's committee, or a
15political party committee.
16formed for the exclusive purpose of making independent
17expenditures during any 12-month period in an aggregate amount
18exceeding $5,000 in support of or in opposition 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 electors. "Independent
22expenditure committee" also includes any trust, partnership,
23committee, association, corporation, or other organization or
24group of persons that makes electioneering communications that
25are not made in connection, consultation, or concert with or
26at the request or suggestion of a public official or

 

 

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1candidate, a public official's or candidate's designated
2political committee or campaign, or an agent or agents of the
3public official, candidate, or political committee or campaign
4during any 12-month period in an aggregate amount exceeding
5$5,000 related to (i) the nomination for election, election,
6retention, or defeat of any public official or candidate or
7(ii) any question of public policy to be submitted to the
8voters.
9    (g) "Limited activity committee" means a political
10committee for which a person who is nominated to a position
11that is subject to confirmation by the Senate, including a
12member of the State Board of Elections, is either an officer or
13a candidate the committee has designated to support.
14(Source: P.A. 102-664, eff. 1-1-22.)
 
15    (10 ILCS 5/9-1.14)
16    Sec. 9-1.14. Electioneering communication and public
17communication.
18    (a) "Electioneering communication" means, for the purposes
19of this Article, any broadcast, cable, or satellite
20communication, including radio, television, or Internet
21communication, that (1) refers to (i) a clearly identified
22candidate or candidates who will appear on the ballot for
23nomination for election, election, or retention, (ii) a
24clearly identified political party, or (iii) a clearly
25identified question of public policy that will appear on the

 

 

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1ballot, (2) is made within (i) 60 days before a general
2election or consolidated election or (ii) 30 days before a
3primary election, (3) is targeted to the relevant electorate,
4and (4) is susceptible to no reasonable interpretation other
5than as an appeal to vote for or against a clearly identified
6candidate for nomination for election, election, or retention,
7a political party, or a question of public policy.
8    (b) "Electioneering communication" does not include:
9        (1) A communication, other than an advertisement,
10    appearing in a news story, commentary, or editorial
11    distributed through the facilities of any legitimate news
12    organization, unless the facilities are owned or
13    controlled by any political party, political committee, or
14    candidate.
15        (2) A communication made solely to promote a
16    nonpartisan candidate debate or forum that is made by or
17    on behalf of the person sponsoring the debate or forum.
18        (3) A communication made as part of a nonpartisan
19    non-partisan activity designed to encourage individuals to
20    vote or to register to vote.
21        (4) A communication by an organization operating and
22    remaining in good standing under Section 501(c)(3) of the
23    Internal Revenue Code of 1986.
24        (5) A communication exclusively between a labor
25    organization, as defined under federal or State law, and
26    its members.

 

 

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1        (6) A communication exclusively between an
2    organization formed under Section 501(c)(6) of the
3    Internal Revenue Code and its members.
4    (c) "Public communication" means, for the purposes of this
5Article, any broadcast, cable, satellite, radio, television,
6print, or Internet communication, or any other form of general
7public political advertising or marketing regardless of
8medium, including, but not limited to:
9        (1) advertising placed for a fee in a print
10    publication or on a website, or other digital medium;
11        (2) outdoor advertising, such as billboards; or
12        (3) mass mailing, phone banking, or text banking
13    delivering an identical or substantially similar message
14    intended to contact 500 or more persons within a 30-day
15    period.
16(Source: P.A. 96-832, eff. 7-1-10.)
 
17    (10 ILCS 5/9-1.15)
18    Sec. 9-1.15. Independent expenditure.
19    (a) "Independent expenditure" means any payment, gift,
20donation, or expenditure of funds that:
21        (1) is made for election spending as defined in
22    Section 9-1.16; and
23        (2) is not made in connection, consultation, or
24    concert with or at the request or suggestion of a public
25    official or candidate, the public official or candidate's

 

 

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1    political committee, or the agent or agents of the public
2    official, candidate, or political committee or campaign.
3    (b) An independent expenditure is not considered a
4contribution to a political committee. An expenditure made by
5a person or political committee in connection, consultation,
6or concert with or at the request or suggestion of the public
7official or candidate, the public official's or candidate's
8political committee, or the agent or agents of the public
9official, candidate, or political committee or campaign shall
10be considered a contribution to the public official's or
11candidate's political committee.
12    (c) A person that is not a political committee and that
13makes an independent expenditure that, alone or in combination
14with any other independent expenditure made by that person
15during any 12-month period, equals an aggregate value of at
16least $5,000 must file a written disclosure with the State
17Board of Elections within 2 business days after making any
18expenditure that results in the person meeting or exceeding
19the $5,000 threshold. A person who has made a written
20disclosure with the State Board of Elections shall have a
21continuing obligation to report further expenditures, in
22$1,000 increments, to the State Board of Elections until the
23conclusion of the next general election.
24    (d) A person that makes an independent expenditure
25supporting or opposing a public official or candidate that,
26alone or in combination with any other independent expenditure

 

 

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1made by that person supporting or opposing that public
2official or candidate during the election cycle, equals an
3aggregate value of more than (i) $250,000 for statewide office
4or (ii) $100,000 for all other elective offices must file a
5written disclosure with the State Board of Elections within 2
6business days after making any expenditure that results in the
7person exceeding the applicable threshold. Each disclosure
8must identify the person, the public official or candidate
9supported or opposed, the date, amount, and nature of each
10independent expenditure, and the person's occupation and
11employer, if applicable.
12    (e) Every political committee that makes independent
13expenditures must report all such independent expenditures as
14required under Section 9-10.
15    (f) If a political committee organized as an independent
16expenditure committee makes a contribution to any other
17political committee other than another independent expenditure
18committee or a ballot initiative committee, the State Board of
19Elections shall assess a fine equal to the amount of any
20contribution received in the preceding 2 years by the
21independent expenditure committee that exceeded the limits for
22a political action committee set forth in subsection (d) of
23Section 9-8.5.
24     "Independent expenditure" means any payment, gift,
25donation, or expenditure of funds (i) by a natural person or
26political committee for the purpose of making electioneering

 

 

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1communications or of expressly advocating for or against the
2nomination for election, election, retention, or defeat of a
3clearly identifiable public official or candidate or for or
4against any question of public policy to be submitted to the
5voters and (ii) that is not made in connection, consultation,
6or concert with or at the request or suggestion of the public
7official or candidate, the public official's or candidate's
8designated political committee or campaign, or the agent or
9agents of the public official, candidate, or political
10committee or campaign.
11(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
 
12    (10 ILCS 5/9-1.16 new)
13    Sec. 9-1.16. Election spending. As used in this Article,
14"election spending" means any spending on:
15        (1) express advocacy for or against the nomination for
16    election, election, retention, or defeat of a clearly
17    identifiable public official or candidate or for or
18    against any question of public policy to be submitted to
19    the voters;
20        (2) an electioneering communication;
21        (3) a public communication that promotes, attacks,
22    supports, or opposes a clearly identifiable public
23    official or candidate or any question of public policy to
24    be submitted to the voters;
25        (4) encouraging partisan voter activity, including

 

 

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1    partisan voter registration, partisan get-out-the-vote
2    activity, or partisan generic campaign activity; or
3        (5) conducting research, design, production, polling,
4    data analytics, mailing or social media list acquisition,
5    or other activities conducted in preparation for or
6    conjunction with activities in paragraphs (1), (2), (3),
7    and (4).
 
8    (10 ILCS 5/9-1.17 new)
9    Sec. 9-1.17. Coordinated expenditures.
10    (a) As used in this Section, "coordinated expenditure"
11means:
12        (1) the republication of a candidate's or political
13    party's campaign materials, unless such republication is
14    used to oppose the candidate or party that created the
15    materials; or
16        (2) an expenditure that meets at least one conduct
17    standard and one content standard.
18    "Coordinated expenditure" does not include:
19        (1) a communication that appears in a news story,
20    commentary, or editorial; or
21        (2) an expenditure for a nonpartisan candidate debate
22    or forum.
23    For purposes of defining coordinated expenditures:
24        (1) "candidate" includes any person who is a candidate
25    at the time of the expenditure, regardless of whether that

 

 

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1    person was a candidate at the time the conduct
2    constituting coordination took place;
3        (2) an expenditure "not made totally independently"
4    includes any expenditure made pursuant to any expressed or
5    implied agreement with, or any general or particular
6    understanding with, or pursuant to any request by or
7    communication with, the candidate, committee, or political
8    party about the expenditure; and
9        (3) references to candidates or parties include
10    agents, executives, or managers who worked for such
11    persons during the 2 years preceding the expenditure.
12    (b) Conduct constitutes coordination between a spender and
13the candidate or political party that benefits from the
14expenditure whenever:
15        (1) an expenditure is not made totally independently
16    of a candidate or party;
17        (2) during the 2 years preceding the expenditure, the
18    candidate, including immediate family members, or party
19    directly or indirectly established, maintained,
20    controlled, or principally funded the spender;
21        (3) during the 2 years preceding the expenditure, a
22    candidate or party official solicited funds for the
23    spender, provided fundraising information to the spender,
24    appeared as a speaker at a fundraiser for the spender, or
25    gave permission to be featured in the spender's
26    fundraising efforts;

 

 

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1        (4) the expenditure is based on information about the
2    candidate's or party's campaign needs that the candidate
3    or party provided to the spender; or
4        (5) during the 2 years preceding the expenditure, the
5    spender employed the services of a person who, during the
6    same period, had executive or managerial authority for the
7    candidate or party, was authorized to raise or expend
8    funds for the candidate or party, or provided the
9    candidate or party with professional services other than
10    accounting or legal services related to campaign or
11    fundraising strategy.
12    (c) An expenditure, when coordinated, constitutes funds
13spent for the purpose of influencing an election whenever:
14        (1) regarding a candidate or a candidate's political
15    committee, the expenditure is for:
16            (i) a public communication that expressly
17        advocates for or against the nomination or election of
18        a candidate; that supports a candidate's election or
19        opposes a candidate's opponent; or refers to a clearly
20        identified candidate at any time from 120 days before
21        a primary election, nominating caucus or convention,
22        or retention election through the general election;
23            (ii) an expenditure for partisan voter activity,
24        including voter registration, get-out-the-vote
25        activity, phone banking, or generic campaign activity,
26        in the jurisdiction where the candidate is seeking

 

 

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1        election; or
2            (iii) an expenditure for research, design or
3        production costs, polling expenses, data analytics,
4        creating or purchasing mailing or social media lists,
5        or other activities related to those defined in
6        subdivisions (i) or (ii).
7        (2) regarding a political party, the expenditure is
8    for:
9            (i) a public communication that expressly
10        advocates for the election of a candidate of the
11        political party or against a candidate of an opposing
12        political party; that supports a candidate of the
13        political party or opposes a candidate of an opposing
14        political party, including generically advocating for
15        the political party or against an opposing political
16        party; or refers to a clearly identified candidate or
17        political party at any time from 120 days before a
18        primary election, nominating caucus or convention, or
19        retention election through the general election;
20            (ii) an expenditure for partisan voter activity,
21        including voter registration, get-out-the-vote
22        activity, phone banking, or generic campaign activity;
23        or
24            (iii) an expenditure for research, design or
25        production costs, polling expenses, data analytics,
26        creating or purchasing mailing or social media lists,

 

 

HB3804- 20 -LRB103 29670 BMS 56072 b

1        or other activities related to those defined in
2        subdivisions (i) or (ii).
3    (d) Notwithstanding paragraph (5) of subsection (b),
4expenditures involving former employees or common agents of a
5candidate or party will not be deemed coordinated if the
6spender implements, or causes another person to implement, an
7effective firewall. A person who relies upon a firewall bears
8the burden of proof of showing that the firewall was
9effective. A firewall must:
10        (1) separate staff who provide a service to the
11    spender in relation to its covered expenditures from other
12    staff who provide services to a candidate or party
13    supported by the spender's expenditures;
14        (2) forbid an organization's owners, executives,
15    managers, and supervisors from simultaneously overseeing
16    the work of staff separated by a firewall;
17        (3) prohibit the flow of strategic nonpublic
18    information between the spender and the candidate or party
19    supported by the covered expenditure and between specific
20    staff who are separated by the firewall;
21        (4) provide for physical and technological separation
22    to ensure that strategic nonpublic information does not
23    flow between the spender and the candidate or party and
24    between the specific staff separated by the firewall; and
25        (5) be in written form and distributed to all relevant
26    employees and consultants before any relevant work is

 

 

HB3804- 21 -LRB103 29670 BMS 56072 b

1    performed regarding both the general firewall policy and
2    any specific firewall created pursuant to the general
3    firewall policy, and provided to the Board of Elections
4    upon request.
 
5    (10 ILCS 5/9-3)  (from Ch. 46, par. 9-3)
6    Sec. 9-3. Political committee statement of organization.
7    (a) Every political committee shall file with the State
8Board of Elections a statement of organization within 10
9business days of the creation of such committee, except any
10political committee created within the 30 days before an
11election shall file a statement of organization within 2
12business days in person, by facsimile transmission, or by
13electronic mail. Any change in information previously
14submitted in a statement of organization shall be reported, as
15required for the original statement of organization by this
16Section, within 10 days following that change. The Board shall
17impose a civil penalty of $50 per business day upon political
18committees for failing to file or late filing of a statement of
19organization. Such penalties shall not exceed $5,000, and
20shall not exceed $10,000 for statewide office political
21committees. There shall be no fine if the statement is mailed
22and postmarked at least 72 hours prior to the filing deadline.
23    In addition to the civil penalties authorized by this
24Section, the State Board of Elections or any other political
25committee may apply to the circuit court for a temporary

 

 

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1restraining order or a preliminary or permanent injunction
2against the political committee to cease the expenditure of
3funds and to cease operations until the statement of
4organization is filed.
5    For the purpose of this Section, "statewide office" means
6the Governor, Lieutenant Governor, Secretary of State,
7Attorney General, State Treasurer, and State Comptroller.
8    (b) The statement of organization shall include:
9        (1) the name and address of the political committee
10    and the designation required by Section 9-2;
11        (2) the scope, area of activity, party affiliation,
12    and purposes of the political committee;
13        (3) the name, address, and position of each custodian
14    of the committee's books and accounts;
15        (4) the name, address, and position of the committee's
16    principal officers, including the chairman, treasurer, and
17    officers and members of its finance committee, if any;
18        (5) the name and address of any sponsoring entity;
19        (6) a statement of what specific disposition of
20    residual fund will be made in the event of the dissolution
21    or termination of the committee;
22        (7) a listing of all banks or other financial
23    institutions, safety deposit boxes, and any other
24    repositories or custodians of funds used by the committee;
25    and
26        (8) the amount of funds available for campaign

 

 

HB3804- 23 -LRB103 29670 BMS 56072 b

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

 

 

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

 

 

HB3804- 25 -LRB103 29670 BMS 56072 b

1amendatory Act of the 96th General Assembly, every political
2committee in existence on the effective date of this
3amendatory Act of the 96th General Assembly shall file the
4statement required by this Section with the Board by December
531, 2010.
6(Source: P.A. 99-522, eff. 6-30-16.)
 
7    (10 ILCS 5/9-3.6 new)
8    Sec. 9-3.6. Transfer records for independent expenditures.
9    (a) As used in this Article:
10    "Business income" means:
11        (1) funds received by a person in commercial
12    transactions in the ordinary course of a person's regular
13    trade, business, or investments; or
14        (2) membership or union dues to the extent that they
15    do not exceed $5,000 from a person in a calendar year.
16    "Covered entity" means any person, including a natural
17person or political committee, who spends $10,000 or more in
18an election cycle on independent expenditures, or who accepts
19$10,000 or more in an election cycle of in-kind contributions
20to enable independent expenditures, but not including:
21        (1) individuals who spend only their own personal
22    funds for independent expenditures;
23        (2) organizations that spend only their own business
24    income for independent expenditures; and
25        (3) a political committee that receives no more than

 

 

HB3804- 26 -LRB103 29670 BMS 56072 b

1    $12,000 in contributions from any one person in a calendar
2    year.
3    "Identity" means:
4        (1) in the case of a natural person, the name, mailing
5    address, occupation, and employer of such individual; and
6        (2) in the case of any other entity, the full name and
7    address, federal tax status, and state of incorporation or
8    partnership, if any, of such entity.
9    "Original funds" means business income or the personal
10funds of an individual.
11    "Personal funds" means:
12        (1) any asset of an individual that the individual has
13    legal control over and rightful title to;
14        (2) income received by an individual, including:
15            (A) salary and other earned income from bona fide
16        employment;
17            (B) dividends and proceeds from the individual's
18        personal investments; and
19            (C) bequests to the individual, including income
20        from trusts established by bequests; and
21        (3) a portion of assets that are jointly owned by the
22    individual and the individual's spouse equal to the
23    individual's share of the asset under the instrument of
24    conveyance or ownership, but if no specific share is
25    indicated by an instrument of conveyance or ownership,
26    then the value of one-half of the property.

 

 

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1    "Personal funds" does not include any asset or income
2received from any person for the purpose of influencing any
3election.
4    "Traceable funds" means funds that have been given to a
5covered entity and for which, pursuant to subsection (c), no
6donor has opted out of their use or transfer for independent
7expenditures, or funds used to finance in-kind contributions
8to a covered entity to enable independent expenditures.
9    "Transfer records" means a written record of the identity
10of the persons who directly or indirectly contributed or
11transferred original funds used for independent expenditures,
12the amounts of those contributions or transfers, and how such
13funds are disbursed.
14    (b) A covered entity that spends $10,000 or more on
15independent expenditures in the 12 months before an election,
16or who accepts $10,000 or more in an election cycle of in-kind
17contributions to enable independent expenditures, must
18maintain transfer records. For the purposes of this Article,
19the amount of a covered entity's expenditures includes
20independent expenditures made by entities established,
21financed, maintained, or controlled by that committee or its
22officers.
23    (c) Before a covered entity can use or transfer a donor's
24funds for independent expenditures, the donor must be notified
25in writing that the funds may be so used and must be given an
26opportunity to opt out of having the donation used or

 

 

HB3804- 28 -LRB103 29670 BMS 56072 b

1transferred for such spending. The notice under this
2subsection:
3        (1) shall inform donors that their contributions may
4    be used for independent expenditures in Illinois and that
5    information about donors may have to be reported to the
6    State Board of Elections for disclosure to the public;
7        (2) shall inform donors that they can opt out of
8    having their contributions used or transferred for
9    independent expenditures in Illinois by so notifying the
10    covered entity in writing within 21 days; and
11        (3) may be provided to the donor before or after the
12    covered entity receives the contribution, but the
13    contribution may not be used or transferred for
14    independent expenditures until 21 days after the notice is
15    provided or until the donor provides written consent,
16    whichever is earlier.
17    (d) Any person who contributes $10,000 or more in
18aggregate in traceable funds in an election cycle to a covered
19entity must inform that entity, within 10 days after receiving
20a written request from the covered entity, of the identities
21of persons who directly or indirectly contributed $1,000 or
22more in original funds being transferred, the amounts of such
23persons' original funds being transferred, and any persons who
24have previously transferred the original funds. If more than
25one transfer has previously occurred, the contributor must
26disclose all such previous transfers and intermediaries. The

 

 

HB3804- 29 -LRB103 29670 BMS 56072 b

1contributor must maintain these records for at least 5 years
2and provide them, upon request, to the State Board of
3Elections.
4    (e) Any person who makes an in-kind contribution to a
5covered entity of $10,000 or more in an election cycle to
6enable independent expenditures must inform that person, at
7the time the in-kind contribution is made or promised to be
8made, of the identities of persons who directly or indirectly
9contributed or provided $1,000 or more in original funds used
10to finance the in-kind contribution, the amounts of such
11persons' original funds so used, and any persons who had
12previously transferred such original funds. If more than one
13transfer had previously occurred, the in-kind contributor must
14disclose all such previous transfers and intermediaries. The
15in-kind contributor must maintain these records for at least 5
16years and provide them, upon request, to the State Board of
17Elections.
 
18    (10 ILCS 5/9-3.10 new)
19    Sec. 9-3.10. Additional reporting requirements for
20entities making independent expenditures.
21    (a) A covered entity as defined in Section 9-3.6 that is
22also a political committee registered with the State Board of
23Elections shall, in addition to the reporting requirements set
24forth elsewhere in this Article, include the following
25information on reports that it makes to the State Board of

 

 

HB3804- 30 -LRB103 29670 BMS 56072 b

1Elections:
2        (1) On the committee statement of organization:
3            (A) the identity of any affiliated person who
4        maintains its own transfer records and that person's
5        relationship to the covered entity; and
6            (B) the name, address, and position of the
7        individual who is the custodian of the transfer
8        records.
9        (2) On reports disclosing contributions, including
10    regular quarterly reports and reports on contributions of
11    $1,000 or more as required by subsection (c) of Section
12    9-10:
13            (A) each contributor of original funds who has
14        contributed, directly or indirectly, more than $5,000
15        of traceable funds or in-kind contributions during the
16        election cycle to the covered entity, and the date and
17        amount of each of such contributor's contributions;
18            (B) the identity of persons who acted as
19        intermediaries who transferred, in whole or in part,
20        traceable funds from original sources to the covered
21        entity, and the date, amount, and source, original and
22        intermediate, of such transferred funds;
23            (C) the identity of each person who received from
24        the covered entity disbursements aggregating to $1,000
25        or more of traceable funds during the election cycle
26        and the date and purpose of each disbursement,

 

 

HB3804- 31 -LRB103 29670 BMS 56072 b

1        including the full name and office sought of any
2        candidate that was supported, opposed, or referenced
3        in a public communication that was financed, in whole
4        or in part, with the disbursement; and
5            (D) the identity of any person whose aggregate
6        contributions of traceable funds to the covered entity
7        constituted more than half of such funds of the
8        covered entity at the start of the election cycle.
9    (b) A covered entity as defined in Section 9-3.6 that is
10not a political committee shall file the following reports
11with the State Board of Elections:
12        (1) Within 10 days of first disbursing $10,000 or more
13    in aggregate during an election cycle on independent
14    expenditures, or accepting $10,000 or more in aggregate
15    during an election cycle of in-kind contributions to
16    enable independent expenditures, the covered entity shall
17    file an initial report that discloses:
18            (A) the identity of the person who owns or
19        controls the traceable funds;
20            (B) the identity of any affiliated person who
21        maintains its own transfer records and that person's
22        relationship to the covered entity;
23            (C) the name, address, and position of the
24        individual who is the custodian of the transfer
25        records;
26            (D) the name, address, and position of at least

 

 

HB3804- 32 -LRB103 29670 BMS 56072 b

1        one individual who can control, directly or
2        indirectly, how the traceable funds are disbursed;
3            (E) the total amount of traceable funds owned or
4        controlled by the covered entity on the date of the
5        report;
6            (F) each contributor of original funds who has
7        contributed, directly or indirectly, more than $5,000
8        of traceable funds or in-kind contributions during the
9        election cycle to the covered entity, and the date and
10        amount of each of such contributor's contributions;
11            (G) the identity of persons who acted as
12        intermediaries who transferred, in whole or in part,
13        traceable funds from original sources to the covered
14        entity, and the date, amount, and source, original and
15        intermediate, of such transferred funds;
16            (H) the identity of each person who received from
17        the covered entity disbursements aggregating to $1,000
18        or more of traceable funds during the election cycle
19        and the date and purpose of each disbursement,
20        including the full name and office sought of any
21        candidate that was supported, opposed, or referenced
22        in a public communication that was financed, in whole
23        or in part, with the disbursement; and
24            (I) the identity of any person whose aggregate
25        contributions of traceable funds to the covered entity
26        constituted more than half of such funds of the

 

 

HB3804- 33 -LRB103 29670 BMS 56072 b

1        covered entity at the start of the election cycle.
2        (2) After its initial report and each time the covered
3    entity disburses another $10,000 or more in aggregate
4    during the election cycle on independent expenditures, or
5    receives another $10,000 in aggregate during the election
6    cycle of in-kind contributions to enable independent
7    expenditures, the covered entity shall file an additional
8    report within 10 days that shall disclose any information
9    that has changed since it was previously reported pursuant
10    to paragraph (1).
11        (3) When information has changed since it was
12    previously reported pursuant to paragraph (1) of
13    subsection (b) but has not yet been reported, such changed
14    information shall be reported within 20 days, except the
15    reporting person need not report such changes that occur
16    more than 2 years after the most recent report pursuant to
17    this Section was filed.
 
18    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
19    Sec. 9-10. Disclosure of contributions and expenditures.
20    (a) The treasurer of every political committee shall file
21with the Board reports of campaign contributions and
22expenditures as required by this Section on forms to be
23prescribed or approved by the Board.
24    (b) Every political committee shall file quarterly reports
25of campaign contributions, expenditures, and independent

 

 

HB3804- 34 -LRB103 29670 BMS 56072 b

1expenditures. The reports shall cover the period January 1
2through March 31, April 1 through June 30, July 1 through
3September 30, and October 1 through December 31 of each year. A
4political committee shall file quarterly reports no later than
5the 15th day of the month following each period. Reports of
6contributions and expenditures must be filed to cover the
7prescribed time periods even though no contributions or
8expenditures may have been received or made during the period.
9A report is considered timely filed if it is received by the
10Board no later than 11:59 p.m. on the deadline or postmarked no
11later than 3 days prior to the deadline.
12    (c) A political committee shall file a report of any
13contribution of $1,000 or more electronically with the Board
14within 5 business days after receipt of the contribution,
15except that the report shall be filed within 2 business days
16after receipt if (i) the contribution is received 30 or fewer
17days before the date of an election and (ii) the political
18committee supports or opposes a candidate or public question
19on the ballot at that election or makes expenditures in excess
20of $500 on behalf of or in opposition to a candidate,
21candidates, a public question, or public questions on the
22ballot at that election. The State Board shall allow filings
23of reports of contributions of $1,000 or more by political
24committees that are not required to file electronically to be
25made by facsimile transmission. It is not a violation of this
26subsection (c) and a political committee does not need to file

 

 

HB3804- 35 -LRB103 29670 BMS 56072 b

1a report of a contribution of $1,000 or more if the
2contribution is received and returned within the same period
3it is required to be disclosed on a quarterly report.
4    (d) For the purpose of this Section, a contribution is
5considered received on the date (i) a monetary contribution
6was deposited in a bank, financial institution, or other
7repository of funds for the committee, (ii) the date a
8committee receives notice a monetary contribution was
9deposited by an entity used to process financial transactions
10by credit card or other entity used for processing a monetary
11contribution that was deposited in a bank, financial
12institution, or other repository of funds for the committee,
13or (iii) the public official, candidate, or political
14committee receives the notification of contribution of goods
15or services as required under subsection (b) of Section 9-6.
16    (e) A political committee that makes independent
17expenditures of $1,000 or more shall file a report
18electronically with the Board within 5 business days after
19making the independent expenditure, except that the report
20shall be filed within 2 business days after making the
21independent expenditure during the 60-day period before an
22election.
23    (e-5) An independent expenditure committee that makes an
24independent expenditure supporting or opposing a public
25official or candidate that, alone or in combination with any
26other independent expenditure made by that independent

 

 

HB3804- 36 -LRB103 29670 BMS 56072 b

1expenditure committee supporting or opposing that public
2official or candidate during the election cycle, equals an
3aggregate value of more than (i) $250,000 for statewide office
4or (ii) $100,000 for all other elective offices must file a
5written disclosure with the State Board of Elections within 2
6business days after making any expenditure that results in the
7independent expenditure committee exceeding the applicable
8threshold.
9    (f) A copy of each report or statement filed under this
10Article shall be preserved by the person filing it for a period
11of two years from the date of filing.
12    (g) The Board may assess a civil penalty against a
13committee or covered entity for any violation of this Section,
14Section 9-3.6, Section 9-3.10, or Section 9-10.5. The Board
15shall provide notice of any violation no later than 5 years 365
16days after the date of the violation and provide the committee
17or covered entity with an opportunity to appeal a violation. A
18committee shall not be fined if notice is not provided as
19required by this subsection. The fine assessed by the Board
20for a violation of this Section shall not be less than the
21amount contributed or undisclosed, and not more than the
22greater of double that amount or $10,000 exceed the amount of
23the contribution and may be no more than $500 for the first
24violation, no more than $1,000 for the second violation, no
25more than $2,000 for a third violation, and no more than $3,000
26for any subsequent violations. When determining the amount of

 

 

HB3804- 37 -LRB103 29670 BMS 56072 b

1the fine whether to waive or reduce a fine, the Board shall
2consider: (1) whether the political committee or covered
3entity made an attempt to disclose the contribution and any
4attempts made to correct the violation; (2) whether the
5violation was inadvertent, knowingly, or intentional; (3)
6whether the violation is attributed to a clerical or computer
7error; (4) the amount of the contribution or total
8contributions in the report; (5) whether the violation arose
9from a discrepancy between the date the contribution was
10reported and the date the contribution was received by a
11political committee or covered entity; (6) the number of days
12the report was submitted late; and (7) any prior violations.
13(Source: P.A. 102-668, eff. 11-15-21.)
 
14    (10 ILCS 5/9-10.5 new)
15    Sec. 9-10.5. Disclosure of original contributors on
16independent expenditures for public communications.
17    (a) Independent expenditures for public communications
18financed by covered entities as defined in Section 9-3.6,
19including in-kind contributions of such communications
20accepted by covered entities, must include the following
21information:
22        (1) Any public communication that has a visual
23    component shall clearly and conspicuously display the
24    names of the top 3 donors who directly or indirectly
25    donated $10,000 or more during the election cycle to the

 

 

HB3804- 38 -LRB103 29670 BMS 56072 b

1    covered entity. This disclaimer shall include the
2    following written statement: "[3 persons determined
3    pursuant to subsection (b)] are the top 3 donors who
4    helped pay for this message"; and
5        (2) Any public communication that has an audio
6    component shall clearly and conspicuously state the names
7    of the top 3 donors who directly or indirectly donated
8    $10,000 or more during the election cycle to the covered
9    entities. This disclaimer shall include the following
10    audio statement: "[3 persons determined pursuant to
11    subsection (b)] are the top 3 donors who helped pay for
12    this message."
13    (b) The top 3 donors shall be determined by calculating
14the 3 donors of traceable funds that have contributed the most
15original funds, directly or indirectly, during the election
16cycle to the covered entities.
17        (1) For purposes of this subsection (b), contributions
18    of traceable funds made in prior election cycles shall be
19    considered to have been contributed in the current
20    election cycle if the contributor's aggregate
21    contributions of original funds to the covered entities
22    constituted more than half of the person's traceable funds
23    at the start of the election cycle.
24        (2) If multiple contributors have contributed
25    identical amounts such that there is no difference in
26    contributed amounts between the third-highest contributor

 

 

HB3804- 39 -LRB103 29670 BMS 56072 b

1    and the fourth-highest or lower contributor, the
2    contributor who most recently contributed to the covered
3    entity shall be deemed a top 3 donor.
4        (3) No contributor of traceable funds shall be deemed
5    a top 3 donor if its aggregate contributions of original
6    funds during the election cycle to the covered entity are
7    less than $10,000.
8        (4) If no person meets the $10,000 threshold in
9    paragraph (3), but one or more intermediaries transferred,
10    directly or indirectly, more than $10,000 of traceable
11    funds to the covered entity during the election cycle,
12    then such intermediaries' transfers shall be treated as
13    original funds for purposes of the disclaimer required by
14    this Section.
 
15    (10 ILCS 5/9-22)  (from Ch. 46, par. 9-22)
16    Sec. 9-22.
17    (a) Any party to a Board hearing, any person who files a
18complaint on which a hearing was denied or not acted upon
19within the time specified in Section 9-21 of this Act, and any
20party adversely affected by a judgment of the Board may obtain
21judicial review, which shall be governed by the provisions of
22the Administrative Review Law, as amended, and all amendments
23and modifications thereof and the rules adopted pursuant
24thereto, except that--
25    (1) such judicial review shall be afforded directly in the

 

 

HB3804- 40 -LRB103 29670 BMS 56072 b

1Appellate Court for the District in which the cause of action
2arose and not in the Circuit Court,
3    (2) such judicial review shall be obtained by filing a
4petition for review within 7 days after entry of the order of
5other action complained of,
6    (3) the time limit for filing such petition for review may
7be waived with the consent of all parties involved, and
8    (4) if such petition for review is appealing an order of
9the Board, the effect of such order of the Board shall not be
10stayed unless the Appellate Court so orders upon the motion of
11the petitioner and upon prior notice to the Board.
12    (b) In reviewing the Board's dismissal of or failure to
13act upon a complaint, the court shall review de novo whether
14the Board's dismissal or failure to act was reasonable. The
15court shall disregard any claim or defense by the Board of
16prosecutorial discretion as a basis for dismissing or failing
17to act upon the complaint.
18(Source: P.A. 82-783.)
 
19    (10 ILCS 5/9-28.5)
20    Sec. 9-28.5. Injunctive relief for election spending
21electioneering communications.
22    (a) Whenever the Attorney General, or a State's Attorney
23with jurisdiction over any portion of the relevant electorate,
24believes that any person, as defined in Section 9-1.6, is
25conducting election spending making, producing, publishing,

 

 

HB3804- 41 -LRB103 29670 BMS 56072 b

1republishing, or broadcasting an electioneering communication
2paid for by any person, as defined in Section 9-1.6, who has
3not first complied with the registration and disclosure
4requirements of this Article, he or she may bring an action in
5the name of the People of the State of Illinois or, in the case
6of a State's Attorney, the People of the County, against such
7person or persons to restrain by preliminary or permanent
8injunction the conducting of election spending making,
9producing, publishing, republishing, or broadcasting of such
10electioneering communication until the registration and
11disclosure requirements have been met.
12    (b) Any political committee that believes any person, as
13defined in Section 9-1.6, is conducting election spending
14making, producing, publishing, republishing, or broadcasting
15an electioneering communication paid for by any person, as
16defined in Section 9-1.6, who has not first complied with the
17registration and disclosure requirements of this Article may
18bring an action in the circuit court against such person or
19persons to restrain by preliminary or permanent injunction the
20conducting of election spending making, producing, publishing,
21republishing, or broadcasting of such electioneering
22communication until the registration and disclosure
23requirements have been met.
24    (c) Whenever the Attorney General, or a State's Attorney
25with jurisdiction over any portion of the relevant electorate,
26believes that any person, as defined in Section 9-1.6, is

 

 

HB3804- 42 -LRB103 29670 BMS 56072 b

1engaging in independent expenditures, as defined in this
2Article, who has not first complied with the registration and
3disclosure requirements of this Article, he or she may bring
4an action in the name of the People of the State of Illinois
5or, in the case of a State's Attorney, the People of the
6County, against such person or persons to restrain by
7preliminary or permanent injunction the making of such
8expenditures until the registration and disclosure
9requirements have been met.
10    (d) Any political committee that believes any person, as
11defined in Section 9-1.6, is engaging in independent
12expenditures, as defined in this Article, who has not first
13complied with the registration and disclosure requirements of
14this Article may bring an action in the circuit court against
15such person or persons to restrain by preliminary or permanent
16injunction the making of independent expenditures until the
17registration and disclosure requirements have been met.
18(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
 
19    (10 ILCS 5/9.50 new)
20    Sec. 9.50. Prohibition on structured contributions. No
21person shall, for the purpose of evading the reporting
22requirements of this Article or any rule adopted under this
23Article, structure or assist in structuring, or attempt to
24structure or assist in structuring, any solicitation,
25contribution, expenditure, disbursement, or other transaction.

 

 

HB3804- 43 -LRB103 29670 BMS 56072 b

1The penalty for any violation of this Section shall be a
2penalty of not less than the amount contributed or spent, and
3not more than the greater of double that amount or $10,000.
 
4    (10 ILCS 5/9-8.6 rep.)
5    Section 10. The Election Code is amended by repealing
6Section 9-8.6.