Illinois General Assembly - Full Text of SB2300
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Full Text of SB2300  101st General Assembly

SB2300sam001 101ST GENERAL ASSEMBLY

Sen. Dan McConchie

Filed: 5/29/2020

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2300

2    AMENDMENT NO. ______. Amend Senate Bill 2300 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 1A-14, 9-1.8, and 9-8.5 as follows:
 
6    (10 ILCS 5/1A-14)  (from Ch. 46, par. 1A-14)
7    Sec. 1A-14. Political activity by the State Board of
8Elections.
9    (a) No member of the State Board of Elections may become a
10candidate for nomination for, or election to, or accept
11appointment to or hold any other remunerative public office or
12public employment or any office in a political party.
13    (b) No member of the State Board of Elections shall: (1)
14contribute, either financially or in services or goods or any
15other way, to any political committee; (2) serve as an officer
16of any political committee; or (3) be a candidate who is

 

 

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1designated as the candidate to be supported by a candidate
2political committee. A member of the State Board of Elections
3shall: (i) resign as an officer of the political committee;
4(ii) have his or her name removed as the candidate to be
5supported by a political committee within 30 days after
6confirmation by the Senate; or (iii) notify the Board of the
7member's intent to convert the political committee to a limited
8activity committee pursuant to Section 9-1.8 within 30 days
9after confirmation by the Senate and complete the transition to
10a limited activity committee within 60 days after confirmation.
11A member of the State Board of Elections who is in violation of
12this subsection (b) on the effective date of this amendatory
13Act of the 101st General Assembly must come into compliance
14within 30 days after the effective date of this amendatory Act
15of the 101st General Assembly. As used in this Section,
16"political committee" includes both the meaning provided in
17Section 9-1.8 of this Code and the meaning provided in 52
18U.S.C. 30101.
19    (c) Violation of any prohibition in this Section shall
20disqualify a member of the Board and a vacancy is thereby
21created. A vacancy also exists upon the occurrence of any of
22the events enumerated in Section 25-2 of this Act as in the
23case of an elective office.
24(Source: P.A. 80-1178.)
 
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 makes
10expenditures during any 12-month period in an aggregate amount
11exceeding $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 a
14political party, a legislative caucus committee, or a committee
15formed by a ward or township committeeperson of a political
16party. For purposes of this Article, a "legislative caucus
17committee" means a committee established for the purpose of
18electing candidates to the General Assembly by the person
19elected President of the Senate, Minority Leader of the Senate,
20Speaker of the House of Representatives, Minority Leader of the
21House of Representatives, or a committee established by 5 or
22more members of the same caucus of the Senate or 10 or more
23members of the same caucus of the House of Representatives.
24    (d) "Political action committee" means any natural person,
25trust, partnership, committee, association, corporation, or
26other organization or group of persons, other than a candidate,

 

 

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1political party, candidate political committee, or political
2party committee, that accepts contributions or makes
3expenditures during any 12-month period in an aggregate amount
4exceeding $5,000 on behalf of or in opposition to a candidate
5or candidates for public office. "Political action committee"
6includes any natural person, trust, partnership, committee,
7association, corporation, or other organization or group of
8persons, other than a candidate, political party, candidate
9political committee, or political party committee, that makes
10electioneering communications during any 12-month period in an
11aggregate amount exceeding $5,000 related to any candidate or
12candidates for public office.
13    (e) "Ballot initiative committee" means any natural
14person, trust, partnership, committee, association,
15corporation, or other organization or group of persons that
16accepts contributions or makes expenditures during any
1712-month period in an aggregate amount exceeding $5,000 in
18support of or in opposition to any question of public policy to
19be submitted to the electors. "Ballot initiative committee"
20includes any natural person, trust, partnership, committee,
21association, corporation, or other organization or group of
22persons that makes electioneering communications during any
2312-month period in an aggregate amount exceeding $5,000 related
24to any question of public policy to be submitted to the voters.
25The $5,000 threshold applies to any contributions or
26expenditures received or made with the purpose of securing a

 

 

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1place on the ballot for, advocating the defeat or passage of,
2or engaging in electioneering communication regarding the
3question of public policy, regardless of the method of
4initiation of the question of public policy and regardless of
5whether petitions have been circulated or filed with the
6appropriate office or whether the question has been adopted and
7certified by the governing body.
8    (f) "Independent expenditure committee" means any trust,
9partnership, committee, association, corporation, or other
10organization or group of persons formed for the exclusive
11purpose of making independent expenditures during any 12-month
12period in an aggregate amount exceeding $5,000 in support of or
13in opposition to (i) the nomination for election, election,
14retention, or defeat of any public official or candidate or
15(ii) any question of public policy to be submitted to the
16electors. "Independent expenditure committee" also includes
17any trust, partnership, committee, association, corporation,
18or other organization or group of persons that makes
19electioneering communications that are not made in connection,
20consultation, or concert with or at the request or suggestion
21of a public official or candidate, a public official's or
22candidate's designated political committee or campaign, or an
23agent or agents of the public official, candidate, or political
24committee or campaign during any 12-month period in an
25aggregate amount exceeding $5,000 related to (i) the nomination
26for election, election, retention, or defeat of any public

 

 

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1official or candidate or (ii) any question of public policy to
2be submitted to the voters.
3    (g) "Limited activity committee" means a political
4committee for which a member of the State Board of Elections is
5either an officer or a candidate the committee has designated
6to support.
7(Source: P.A. 100-1027, eff. 1-1-19.)
 
8    (10 ILCS 5/9-8.5)
9    Sec. 9-8.5. Limitations on campaign contributions.
10    (a) It is unlawful for a political committee to accept
11contributions except as provided in this Section.
12    (b) During an election cycle, a candidate political
13committee may not accept contributions with an aggregate value
14over the following: (i) $5,000 from any individual, (ii)
15$10,000 from any corporation, labor organization, or
16association, or (iii) $50,000 from a candidate political
17committee or political action committee. A candidate political
18committee may accept contributions in any amount from a
19political party committee except during an election cycle in
20which the candidate seeks nomination at a primary election.
21During an election cycle in which the candidate seeks
22nomination at a primary election, a candidate political
23committee may not accept contributions from political party
24committees with an aggregate value over the following: (i)
25$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 or from an
20independent expenditure committee.
21    (c) During an election cycle, a political party committee
22may not accept contributions with an aggregate value over the
23following: (i) $10,000 from any individual, (ii) $20,000 from
24any corporation, labor organization, or association, or (iii)
25$50,000 from a political action committee. A political party
26committee may accept contributions in any amount from another

 

 

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1political party committee or a candidate political committee,
2except as provided in subsection (c-5). Nothing in this Section
3shall limit the amounts that may be transferred between a
4political party committee established under subsection (a) of
5Section 7-8 of this Code and an affiliated federal political
6committee established under the Federal Election Code by the
7same political party. A political party committee may not
8accept contributions from a ballot initiative committee or from
9an independent expenditure committee. A political party
10committee established by a legislative caucus may not accept
11contributions from another political party committee
12established by a legislative caucus.
13    (c-5) During the period beginning on the date candidates
14may begin circulating petitions for a primary election and
15ending on the day of the primary election, a political party
16committee may not accept contributions with an aggregate value
17over $50,000 from a candidate political committee or political
18party committee. A political party committee may accept
19contributions in any amount from a candidate political
20committee or political party committee if the political party
21committee receiving the contribution filed a statement of
22nonparticipation in the primary as provided in subsection
23(c-10). The Task Force on Campaign Finance Reform shall study
24and make recommendations on the provisions of this subsection
25to the Governor and General Assembly by September 30, 2012.
26This subsection becomes inoperative on July 1, 2013 and

 

 

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1thereafter no longer applies.
2    (c-10) A political party committee that does not intend to
3make contributions to candidates to be nominated at a general
4primary election or consolidated primary election may file a
5Statement of Nonparticipation in a Primary Election with the
6Board. The Statement of Nonparticipation shall include a
7verification signed by the chairperson and treasurer of the
8committee that (i) the committee will not make contributions or
9coordinated expenditures in support of or opposition to a
10candidate or candidates to be nominated at the general primary
11election or consolidated primary election (select one) to be
12held on (insert date), (ii) the political party committee may
13accept unlimited contributions from candidate political
14committees and political party committees, provided that the
15political party committee does not make contributions to a
16candidate or candidates to be nominated at the primary
17election, and (iii) failure to abide by these requirements
18shall deem the political party committee in violation of this
19Article and subject the committee to a fine of no more than
20150% of the total contributions or coordinated expenditures
21made by the committee in violation of this Article. This
22subsection becomes inoperative on July 1, 2013 and thereafter
23no longer applies.
24    (d) During an election cycle, a political action committee
25may not accept contributions with an aggregate value over the
26following: (i) $10,000 from any individual, (ii) $20,000 from

 

 

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1any corporation, labor organization, political party
2committee, or association, or (iii) $50,000 from a political
3action committee or candidate political committee. A political
4action committee may not accept contributions from a ballot
5initiative committee or from an independent expenditure
6committee.
7    (e) A ballot initiative committee may accept contributions
8in any amount from any source, provided that the committee
9files the document required by Section 9-3 of this Article and
10files the disclosure reports required by the provisions of this
11Article.
12    (e-5) An independent expenditure committee may accept
13contributions in any amount from any source, provided that the
14committee files the document required by Section 9-3 of this
15Article and files the disclosure reports required by the
16provisions of this Article.
17    (e-10) A limited activity committee shall not accept
18contributions, except that the member of the State Board of
19Elections who is either an officer or a candidate the committee
20has designated to support may contribute personal funds in
21order to pay for maintenance expenses. A limited activity
22committee may only make expenditures that are: (1) necessary
23for maintenance of the committee; (2) for rent or lease
24payments until the end of the lease in effect at the time the
25officer or candidate is confirmed by the Senate as a member of
26the State Board of Elections; (3) contributions to 501(c)(3)

 

 

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1charities; or (4) returning contributions to original
2contributors.
3    (f) Nothing in this Section shall prohibit a political
4committee from dividing the proceeds of joint fundraising
5efforts; provided that no political committee may receive more
6than the limit from any one contributor, and provided that an
7independent expenditure committee may not conduct joint
8fundraising efforts with a candidate political committee or a
9political party committee.
10    (g) On January 1 of each odd-numbered year, the State Board
11of Elections shall adjust the amounts of the contribution
12limitations established in this Section for inflation as
13determined by the Consumer Price Index for All Urban Consumers
14as issued by the United States Department of Labor and rounded
15to the nearest $100. The State Board shall publish this
16information on its official website.
17    (h) Self-funding candidates. If a public official, a
18candidate, or the public official's or candidate's immediate
19family contributes or loans to the public official's or
20candidate's political committee or to other political
21committees that transfer funds to the public official's or
22candidate's political committee or makes independent
23expenditures for the benefit of the public official's or
24candidate's campaign during the 12 months prior to an election
25in an aggregate amount of more than (i) $250,000 for statewide
26office or (ii) $100,000 for all other elective offices, then

 

 

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1the public official or candidate shall file with the State
2Board of Elections, within one day, a Notification of
3Self-funding that shall detail each contribution or loan made
4by the public official, the candidate, or the public official's
5or candidate's immediate family. Within 2 business days after
6the filing of a Notification of Self-funding, the notification
7shall be posted on the Board's website and the Board shall give
8official notice of the filing to each candidate for the same
9office as the public official or candidate making the filing,
10including the public official or candidate filing the
11Notification of Self-funding. Notice shall be sent via first
12class mail to the candidate and the treasurer of the
13candidate's committee. Notice shall also be sent by e-mail to
14the candidate and the treasurer of the candidate's committee if
15the candidate and the treasurer, as applicable, have provided
16the Board with an e-mail address. Upon posting of the notice on
17the Board's website, all candidates for that office, including
18the public official or candidate who filed a Notification of
19Self-funding, shall be permitted to accept contributions in
20excess of any contribution limits imposed by subsection (b). If
21a public official or candidate filed a Notification of
22Self-funding during an election cycle that includes a general
23primary election or consolidated primary election and that
24public official or candidate is nominated, all candidates for
25that office, including the nominee who filed the notification
26of self-funding, shall be permitted to accept contributions in

 

 

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1excess of any contribution limit imposed by subsection (b) for
2the subsequent election cycle. For the purposes of this
3subsection, "immediate family" means the spouse, parent, or
4child of a public official or candidate.
5    (h-5) If a natural person or independent expenditure
6committee makes independent expenditures in support of or in
7opposition to the campaign of a particular public official or
8candidate in an aggregate amount of more than (i) $250,000 for
9statewide office or (ii) $100,000 for all other elective
10offices in an election cycle, as reported in a written
11disclosure filed under subsection (a) of Section 9-8.6 or
12subsection (e-5) of Section 9-10, then the State Board of
13Elections shall, within 2 business days after the filing of the
14disclosure, post the disclosure on the Board's website and give
15official notice of the disclosure to each candidate for the
16same office as the public official or candidate for whose
17benefit or detriment the natural person or independent
18expenditure committee made independent expenditures. Upon
19posting of the notice on the Board's website, all candidates
20for that office in that election, including the public official
21or candidate for whose benefit or detriment the natural person
22or independent expenditure committee made independent
23expenditures, shall be permitted to accept contributions in
24excess of any contribution limits imposed by subsection (b).
25    (h-10) If the State Board of Elections receives
26notification or determines that a natural person or persons, an

 

 

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1independent expenditure committee or committees, or
2combination thereof has made independent expenditures in
3support of or in opposition to the campaign of a particular
4public official or candidate in an aggregate amount of more
5than (i) $250,000 for statewide office or (ii) $100,000 for all
6other elective offices in an election cycle, then the Board
7shall, within 2 business days after discovering the independent
8expenditures that, in the aggregate, exceed the threshold set
9forth in (i) and (ii) of this subsection, post notice of this
10fact on the Board's website and give official notice to each
11candidate for the same office as the public official or
12candidate for whose benefit or detriment the independent
13expenditures were made. Notice shall be sent via first class
14mail to the candidate and the treasurer of the candidate's
15committee. Notice shall also be sent by e-mail to the candidate
16and the treasurer of the candidate's committee if the candidate
17and the treasurer, as applicable, have provided the Board with
18an e-mail address. Upon posting of the notice on the Board's
19website, all candidates of that office in that election,
20including the public official or candidate for whose benefit or
21detriment the independent expenditures were made, may accept
22contributions in excess of any contribution limits imposed by
23subsection (b).
24    (i) For the purposes of this Section, a corporation, labor
25organization, association, or a political action committee
26established by a corporation, labor organization, or

 

 

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1association may act as a conduit in facilitating the delivery
2to a political action committee of contributions made through
3dues, levies, or similar assessments and the political action
4committee may report the contributions in the aggregate,
5provided that: (i) contributions made through dues, levies, or
6similar assessments paid by any natural person, corporation,
7labor organization, or association in a calendar year may not
8exceed the limits set forth in this Section; (ii) the
9corporation, labor organization, association, or a political
10action committee established by a corporation, labor
11organization, or association facilitating the delivery of
12contributions maintains a list of natural persons,
13corporations, labor organizations, and associations that paid
14the dues, levies, or similar assessments from which the
15contributions comprising the aggregate amount derive; and
16(iii) contributions made through dues, levies, or similar
17assessments paid by any natural person, corporation, labor
18organization, or association that exceed $500 in a quarterly
19reporting period shall be itemized on the committee's quarterly
20report and may not be reported in the aggregate. A political
21action committee facilitating the delivery of contributions or
22receiving contributions shall disclose the amount of
23contributions made through dues delivered or received and the
24name of the corporation, labor organization, association, or
25political action committee delivering the contributions, if
26applicable. On January 1 of each odd-numbered year, the State

 

 

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1Board of Elections shall adjust the amounts of the contribution
2limitations established in this subsection for inflation as
3determined by the Consumer Price Index for All Urban Consumers
4as issued by the United States Department of Labor and rounded
5to the nearest $100. The State Board shall publish this
6information on its official website.
7    (j) A political committee that receives a contribution or
8transfer in violation of this Section shall dispose of the
9contribution or transfer by returning the contribution or
10transfer, or an amount equal to the contribution or transfer,
11to the contributor or transferor or donating the contribution
12or transfer, or an amount equal to the contribution or
13transfer, to a charity. A contribution or transfer received in
14violation of this Section that is not disposed of as provided
15in this subsection within 30 days after the Board sends
16notification to the political committee of the excess
17contribution by certified mail shall escheat to the General
18Revenue Fund and the political committee shall be deemed in
19violation of this Section and subject to a civil penalty not to
20exceed 150% of the total amount of the contribution.
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. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".