Full Text of HB0716 102nd General Assembly
HB0716sam002 102ND GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/6/2022
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| 1 | | AMENDMENT TO HOUSE BILL 716
| 2 | | AMENDMENT NO. ______. Amend House Bill 716 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Section 9-8.5 and by adding Section 1-21 as follows: | 6 | | (10 ILCS 5/1-21 new) | 7 | | Sec. 1-21. Public Financing of Judicial Elections Task | 8 | | Force. | 9 | | (a) The Public Financing of Judicial Elections Task Force | 10 | | is hereby created for the purposes described in subsection | 11 | | (b). Members of the Task Force shall be appointed as follows: | 12 | | (1) one member appointed by the Governor; | 13 | | (2) one member appointed by the Attorney General; | 14 | | (3) 2 members appointed by the President of the | 15 | | Senate; | 16 | | (4) 2 members appointed by the Speaker of the House of |
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| 1 | | Representatives; | 2 | | (5) 2 members appointed by the Minority Leader of the | 3 | | Senate; and | 4 | | (6) 2 members appointed by the Minority Leader of the | 5 | | House of Representatives. | 6 | | (b) The Task Force shall study the feasibility of | 7 | | implementing a system of campaign finance that would allow | 8 | | public funds to be used to subsidize campaigns for candidates | 9 | | for judicial office in exchange for voluntary adherence by | 10 | | those campaigns to specified expenditure limitations. In | 11 | | conducting its study, the Task Force shall consider whether | 12 | | implementing such a system of public financing is in the best | 13 | | interest of the State. The Task Force may propose one or more | 14 | | funding sources for the public financing of judicial | 15 | | elections, including, but not limited to, fines, voluntary | 16 | | contributions, surcharges on lobbying activities, and a | 17 | | whistleblower fund. The Task Force shall consider the | 18 | | following factors: | 19 | | (1) the amount of funds raised by past candidates for | 20 | | judicial office; | 21 | | (2) the amount of funds expended by past candidates | 22 | | for judicial office; | 23 | | (3) the disparity in the amount of funds raised by | 24 | | candidates for judicial office of different political | 25 | | parties; | 26 | | (4) the amount of funds expended with respect to |
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| 1 | | campaigns for judicial office by entities not affiliated | 2 | | with a candidate; | 3 | | (5) the amount of money contributed to or expended by | 4 | | a committee of a political party to promote a candidate | 5 | | for judicial office; | 6 | | (6) jurisprudence concerning campaign finance and | 7 | | public financing of political campaigns, both for judicial | 8 | | office and generally; and | 9 | | (7) any other factors that the Task Force determines | 10 | | are related to the public financing of elections in this | 11 | | State. | 12 | | The Task Force shall also suggest changes to current law | 13 | | that would be necessary to facilitate public financing of | 14 | | candidates for judicial office. | 15 | | (c) The Task Force shall complete its study no later than | 16 | | June 30, 2023 and shall report its findings to the Governor and | 17 | | the General Assembly as soon as possible after the study is | 18 | | complete. | 19 | | (d) The Members shall serve without compensation. If a | 20 | | vacancy occurs on the Task Force, it shall be filled according | 21 | | to the guidelines of the initial appointment. | 22 | | (e) The State Board of Elections shall provide staff and | 23 | | administrative support to the Task Force. | 24 | | (f) As used in this Section, "judicial office" means | 25 | | nomination, election, or retention to the Supreme Court, the | 26 | | Appellate Court, or the Circuit Court. |
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| 1 | | (g) This Section is repealed on July 1, 2024. | 2 | | (10 ILCS 5/9-8.5) | 3 | | Sec. 9-8.5. Limitations on campaign contributions. | 4 | | (a) It is unlawful for a political committee to accept | 5 | | contributions except as provided in this Section. | 6 | | (b) During an election cycle, a candidate political | 7 | | committee may not accept contributions with an aggregate value | 8 | | over the following: (i) $5,000 from any individual, (ii) | 9 | | $10,000 from any corporation, labor organization, or | 10 | | association, or (iii) $50,000 from a candidate political | 11 | | committee or political action committee. A candidate political | 12 | | committee may accept contributions in any amount from a | 13 | | political party committee except during an election cycle in | 14 | | which the candidate seeks nomination at a primary election. | 15 | | During an election cycle in which the candidate seeks | 16 | | nomination at a primary election, a candidate political | 17 | | committee may not accept contributions from political party | 18 | | committees with an aggregate value over the following: (i) | 19 | | $200,000 for a candidate political committee established to | 20 | | support a candidate seeking nomination to statewide office, | 21 | | (ii) $125,000 for a candidate political committee established | 22 | | to support a candidate seeking nomination to the Senate, the | 23 | | Supreme Court or Appellate Court in the First Judicial | 24 | | District, or an office elected by all voters in a county with | 25 | | 1,000,000 or more residents, (iii) $75,000 for a candidate |
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| 1 | | political committee established to support a candidate seeking | 2 | | nomination to the House of Representatives, the Supreme Court | 3 | | or Appellate Court for a Judicial District other than the | 4 | | First Judicial District, an office elected by all voters of a | 5 | | county of fewer than 1,000,000 residents, and municipal and | 6 | | county offices in Cook County other than those elected by all | 7 | | voters of Cook County, and (iv) $50,000 for a candidate | 8 | | political committee established to support the nomination of a | 9 | | candidate to any other office.
A candidate political committee | 10 | | established to elect a candidate to the General Assembly may | 11 | | accept contributions from only one legislative caucus | 12 | | committee. A candidate political committee may not accept | 13 | | contributions from a ballot initiative committee or from an
| 14 | | independent expenditure committee. | 15 | | (b-5) Judicial elections. | 16 | | (1) In addition to any other provision of this | 17 | | Section, a candidate political committee established to | 18 | | support or oppose a candidate seeking nomination to the | 19 | | Supreme Court, Appellate Court, or Circuit Court may not: | 20 | | (A) accept contributions from any entity that does | 21 | | not disclose the identity of those who make | 22 | | contributions to the entity, except for contributions | 23 | | that are not required to be itemized by this Code; or | 24 | | (B) accept contributions from any out-of-state | 25 | | person, as defined in this Article. | 26 | | (1.1) In addition to any other provision of this |
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| 1 | | Section, a political committee that is self-funding, as | 2 | | described in subsection (h) of this Section, and is | 3 | | established to support or oppose a candidate seeking | 4 | | nomination, election, or retention to the Supreme Court, | 5 | | the Appellate Court, or the Circuit Court may not accept | 6 | | contributions from any single person, other than the | 7 | | judicial candidate or the candidate's immediate family, in | 8 | | a cumulative amount that exceeds $500,000 in any election | 9 | | cycle. Any contribution in excess of the limits in this | 10 | | paragraph (1.1) shall escheat to the State of Illinois. | 11 | | Any political committee that receives such a contribution | 12 | | shall immediately forward the amount that exceeds $500,000 | 13 | | to the State Treasurer who shall deposit the funds into | 14 | | the State Treasury. | 15 | | (1.2) In addition to any other provision of this | 16 | | Section, an independent expenditure committee established | 17 | | to support or oppose a candidate seeking nomination, | 18 | | election, or retention to the Supreme Court, the Appellate | 19 | | Court, or the Circuit Court may not accept contributions | 20 | | from any single source in a cumulative amount that exceeds | 21 | | $500,000 in any election cycle. Any contribution in excess | 22 | | of the limits in this paragraph (1.2) shall escheat to the | 23 | | State of Illinois. Any independent expenditure committee | 24 | | that receives such a contribution shall immediately | 25 | | forward the amount that exceeds $500,000 to the State | 26 | | Treasurer who shall deposit the funds into the State |
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| 1 | | Treasury. | 2 | | (1.3) In addition to any other provision of this | 3 | | Section, if a political committee established to support | 4 | | or oppose a candidate seeking nomination, election, or | 5 | | retention to the Supreme Court, the Appellate Court, or | 6 | | the Circuit Court receives a contribution in excess of | 7 | | $500 from: (i) any committee that is not required to | 8 | | disclose its contributors under this Act; (ii) any | 9 | | association that is not required to disclose its | 10 | | contributors under this Act; or (iii) any other | 11 | | organization or group of persons that is not required to | 12 | | disclose its contributors under this Act, then that | 13 | | contribution shall be considered an anonymous contribution | 14 | | that shall escheat to the State, unless the political | 15 | | committee reports to the State Board of Elections all | 16 | | persons who have contributed in excess of $500 during the | 17 | | same election cycle to the committee, association, | 18 | | organization, or group making the contribution. Any | 19 | | political committee that receives such a contribution and | 20 | | fails to report this information shall forward the | 21 | | contribution amount immediately to the State Treasurer who | 22 | | shall deposit the funds into the State Treasury. | 23 | | (2) As used in this subsection, "contribution" has the | 24 | | meaning provided in Section 9-1.4 and also includes the | 25 | | following that are subject to the limits of this Section: | 26 | | (A) expenditures made by any person in concert or |
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| 1 | | cooperation with, or at the request or suggestion of, | 2 | | a candidate, his or her designated committee, or their | 3 | | agents; and | 4 | | (B) the financing by any person of the | 5 | | dissemination, distribution, or republication, in | 6 | | whole or in part, of any broadcast or any written, | 7 | | graphic, or other form of campaign materials prepared | 8 | | by the candidate, his or her campaign committee, or | 9 | | their designated agents. | 10 | | (3) As to contributions to a candidate political | 11 | | committee established to support a candidate seeking | 12 | | nomination to the Supreme Court, Appellate Court, or | 13 | | Circuit Court: | 14 | | (A) No person shall make a contribution in the | 15 | | name of another person or knowingly permit his or her | 16 | | name to be used to effect such a contribution. | 17 | | (B) No person shall knowingly accept a | 18 | | contribution made by one person in the name of another | 19 | | person. | 20 | | (C) No person shall knowingly accept reimbursement | 21 | | from another person for a contribution made in his or | 22 | | her own name. | 23 | | (D) No person shall make an anonymous | 24 | | contribution. | 25 | | (E) No person shall knowingly accept any anonymous | 26 | | contribution. |
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| 1 | | (F) No person shall predicate (1) any benefit, | 2 | | including, but not limited to, employment decisions, | 3 | | including hiring, promotions, bonus compensation, and | 4 | | transfers, or (2) any other gift, transfer, or | 5 | | emolument upon: | 6 | | (i) the decision by the recipient of that | 7 | | benefit to donate or not to donate to a candidate; | 8 | | or | 9 | | (ii) the amount of any such donation. | 10 | | (4) No judicial candidate or political committee | 11 | | established to support a candidate seeking nomination to | 12 | | the Supreme Court, Appellate Court, or Circuit Court shall | 13 | | knowingly accept any contribution or make any expenditure | 14 | | in violation of the provisions of this Section. No officer | 15 | | or employee of a political committee established to | 16 | | support a candidate seeking nomination to the Supreme | 17 | | Court, Appellate Court, or Circuit Court shall knowingly | 18 | | accept a contribution made for the benefit or use of a | 19 | | candidate or knowingly make any expenditure in support of | 20 | | or opposition to a candidate or for electioneering | 21 | | communications in relation to a candidate in violation of | 22 | | any limitation designated for contributions and | 23 | | expenditures under this Section. | 24 | | (5) Where the provisions of this subsection (b-5) | 25 | | conflict with any other provision of this Code, this | 26 | | subsection (b-5) shall control. |
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| 1 | | (c) During an election cycle, a political party committee | 2 | | may not accept contributions with an aggregate value over the | 3 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 4 | | any corporation, labor organization, or association, or (iii) | 5 | | $50,000 from a political action committee. A political party | 6 | | committee may accept contributions in any amount from another | 7 | | political party committee or a candidate political committee, | 8 | | except as provided in subsection (c-5). Nothing in this | 9 | | Section shall limit the amounts that may be transferred | 10 | | between a political party committee established under | 11 | | subsection (a) of Section 7-8 of this Code and an affiliated | 12 | | federal political committee established under the Federal | 13 | | Election Code by the same political party. A political party | 14 | | committee may not accept contributions from a ballot | 15 | | initiative committee or from an
independent expenditure | 16 | | committee. A political party committee established by a | 17 | | legislative caucus may not accept contributions from another | 18 | | political party committee established by a legislative caucus. | 19 | | (c-5) During the period beginning on the date candidates | 20 | | may begin circulating petitions for a primary election and | 21 | | ending on the day of the primary election, a political party | 22 | | committee may not accept contributions with an aggregate value | 23 | | over $50,000 from a candidate political committee or political | 24 | | party committee. A political party committee may accept | 25 | | contributions in any amount from a candidate political | 26 | | committee or political party committee if the political party |
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| 1 | | committee receiving the contribution filed a statement of | 2 | | nonparticipation in the primary as provided in subsection | 3 | | (c-10). The Task Force on Campaign Finance Reform shall study | 4 | | and make recommendations on the provisions of this subsection | 5 | | to the Governor and General Assembly by September 30, 2012. | 6 | | This subsection becomes inoperative on July 1, 2013 and | 7 | | thereafter no longer applies. | 8 | | (c-10) A political party committee that does not intend to | 9 | | make contributions to candidates to be nominated at a general | 10 | | primary election or consolidated primary election may file a | 11 | | Statement of Nonparticipation in a Primary Election with the | 12 | | Board. The Statement of Nonparticipation shall include a | 13 | | verification signed by the chairperson and treasurer of the | 14 | | committee that (i) the committee will not make contributions | 15 | | or coordinated expenditures in support of or opposition to a | 16 | | candidate or candidates to be nominated at the general primary | 17 | | election or consolidated primary election (select one) to be | 18 | | held on (insert date), (ii) the political party committee may | 19 | | accept unlimited contributions from candidate political | 20 | | committees and political party committees, provided that the | 21 | | political party committee does not make contributions to a | 22 | | candidate or candidates to be nominated at the primary | 23 | | election, and (iii) failure to abide by these requirements | 24 | | shall deem the political party committee in violation of this | 25 | | Article and subject the committee to a fine of no more than | 26 | | 150% of the total contributions or coordinated expenditures |
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| 1 | | made by the committee in violation of this Article. This | 2 | | subsection becomes inoperative on July 1, 2013 and thereafter | 3 | | no longer applies. | 4 | | (d) During an election cycle, a political action committee | 5 | | may not accept contributions with an aggregate value over the | 6 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 7 | | any corporation, labor organization, political party | 8 | | committee, or association, or (iii) $50,000 from a political | 9 | | action committee or candidate political committee. A political | 10 | | action committee may not accept contributions from a ballot | 11 | | initiative committee or from an
independent expenditure | 12 | | committee. | 13 | | (e) A ballot initiative committee may accept contributions | 14 | | in any amount from any source, provided that the committee | 15 | | files the document required by Section 9-3 of this Article and | 16 | | files the disclosure reports required by the provisions of | 17 | | this Article. | 18 | | (e-5) An independent expenditure committee may accept | 19 | | contributions in any amount from any source, provided that the | 20 | | committee files the document required by Section 9-3 of this | 21 | | Article and files the disclosure reports required by the | 22 | | provisions of this Article. | 23 | | (e-10) A limited activity committee shall not accept | 24 | | contributions, except that the officer or a candidate the | 25 | | committee has designated to support may contribute personal | 26 | | funds in order to pay for maintenance expenses. A limited |
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| 1 | | activity committee may only make expenditures that are: (i) | 2 | | necessary for maintenance of the committee; (ii) for rent or | 3 | | lease payments until the end of the lease in effect at the time | 4 | | the officer or candidate is confirmed by the Senate; (iii) | 5 | | contributions to 501(c)(3) charities; or (iv) returning | 6 | | contributions to original contributors. | 7 | | (f) Nothing in this Section shall prohibit a political | 8 | | committee from dividing the proceeds of joint fundraising | 9 | | efforts; provided that no political committee may receive more | 10 | | than the limit from any one contributor, and provided that an | 11 | | independent
expenditure committee may not conduct joint | 12 | | fundraising efforts with a
candidate political committee or a | 13 | | political party committee. | 14 | | (g) On January 1 of each odd-numbered year, the State | 15 | | Board of Elections shall adjust the amounts of the | 16 | | contribution limitations established in this Section for | 17 | | inflation as determined by the Consumer Price Index for All | 18 | | Urban Consumers as issued by the United States Department of | 19 | | Labor and rounded to the nearest $100. The State Board shall | 20 | | publish this information on its official website. | 21 | | (h) Self-funding candidates. If a public official, a | 22 | | candidate, or the public official's or candidate's immediate | 23 | | family contributes or loans to the public official's or | 24 | | candidate's political committee or to other political | 25 | | committees that transfer funds to the public official's or | 26 | | candidate's political committee or makes independent |
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| 1 | | expenditures for the benefit of the public official's or | 2 | | candidate's campaign during the 12 months prior to an election | 3 | | in an aggregate amount of more than (i) $250,000 for statewide | 4 | | office or (ii) $100,000 for all other elective offices, then | 5 | | the public official or candidate shall file with the State | 6 | | Board of Elections, within one day, a Notification of | 7 | | Self-funding that shall detail each contribution or loan made | 8 | | by the public official, the candidate, or the public | 9 | | official's or candidate's immediate family. Within 2 business | 10 | | days after the filing of a Notification of Self-funding, the | 11 | | notification shall be posted on the Board's website and the | 12 | | Board shall give official notice of the filing to each | 13 | | candidate for the same office as the public official or | 14 | | candidate making the filing, including the public official or | 15 | | candidate filing the Notification of Self-funding. Notice | 16 | | shall be sent via first class mail to the candidate and the | 17 | | treasurer of the candidate's committee. Notice shall also be | 18 | | sent by e-mail to the candidate and the treasurer of the | 19 | | candidate's committee if the candidate and the treasurer, as | 20 | | applicable, have provided the Board with an e-mail address. | 21 | | Upon posting of the notice on the Board's website, all | 22 | | candidates for that office, including the public official or | 23 | | candidate who filed a Notification of Self-funding, shall be | 24 | | permitted to accept contributions in excess of any | 25 | | contribution limits imposed by subsection (b). If a public | 26 | | official or candidate filed a Notification of Self-funding |
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| 1 | | during an election cycle that includes a general primary | 2 | | election or consolidated primary election and that public | 3 | | official or candidate is nominated, all candidates for that | 4 | | office, including the nominee who filed the notification of | 5 | | self-funding, shall be permitted to accept contributions in | 6 | | excess of any contribution limit imposed by subsection (b) for | 7 | | the subsequent election cycle. For the purposes of this | 8 | | subsection, "immediate family" means the spouse, parent, or | 9 | | child of a public official or candidate. | 10 | | (h-5) If a natural person or independent expenditure | 11 | | committee makes independent expenditures in support of or in | 12 | | opposition to the campaign of a particular public official or | 13 | | candidate in an aggregate amount of more than (i) $250,000 for | 14 | | statewide office or (ii) $100,000 for all other elective | 15 | | offices in an election cycle, as reported in a written | 16 | | disclosure filed under subsection (a) of Section 9-8.6 or | 17 | | subsection (e-5) of Section 9-10, then the State Board of | 18 | | Elections shall, within 2 business days after the filing of | 19 | | the disclosure, post the disclosure on the Board's website and | 20 | | give official notice of the disclosure to each candidate for | 21 | | the same office as the public official or candidate for whose | 22 | | benefit or detriment the natural person or independent | 23 | | expenditure committee made independent expenditures. Upon | 24 | | posting of the notice on the Board's website, all candidates | 25 | | for that office in that election, including the public | 26 | | official or candidate for whose benefit or detriment the |
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| 1 | | natural person or independent expenditure committee made | 2 | | independent expenditures, shall be permitted to accept | 3 | | contributions in excess of any contribution limits imposed by | 4 | | subsection (b). | 5 | | (h-10) If the State Board of Elections receives | 6 | | notification or determines that a natural person or persons, | 7 | | an independent expenditure committee or committees, or | 8 | | combination thereof has made independent expenditures in | 9 | | support of or in opposition to the campaign of a particular | 10 | | public official or candidate in an aggregate amount of more | 11 | | than (i) $250,000 for statewide office or (ii) $100,000 for | 12 | | all other elective offices in an election cycle, then the | 13 | | Board shall, within 2 business days after discovering the | 14 | | independent expenditures that, in the aggregate, exceed the | 15 | | threshold set forth in (i) and (ii) of this subsection, post | 16 | | notice of this fact on the Board's website and give official | 17 | | notice to each candidate for the same office as the public | 18 | | official or candidate for whose benefit or detriment the | 19 | | independent expenditures were made. Notice shall be sent via | 20 | | first class mail to the candidate and the treasurer of the | 21 | | candidate's committee. Notice shall also be sent by e-mail to | 22 | | the candidate and the treasurer of the candidate's committee | 23 | | if the candidate and the treasurer, as applicable, have | 24 | | provided the Board with an e-mail address. Upon posting of the | 25 | | notice on the Board's website, all candidates of that office | 26 | | in that election, including the public official or candidate |
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| 1 | | for whose benefit or detriment the independent expenditures | 2 | | were made, may accept contributions in excess of any | 3 | | contribution limits imposed by subsection (b). | 4 | | (i) For the purposes of this Section, a corporation, labor | 5 | | organization, association, or a political action committee | 6 | | established by a corporation, labor organization, or | 7 | | association may act as a conduit in facilitating the delivery | 8 | | to a political action committee of contributions made through | 9 | | dues, levies, or similar assessments and the political action | 10 | | committee may report the contributions in the aggregate, | 11 | | provided that: (i) contributions made through dues, levies, or | 12 | | similar assessments paid by any natural person, corporation, | 13 | | labor organization, or association in a calendar year may not | 14 | | exceed the limits set forth in this Section; (ii) the | 15 | | corporation, labor organization, association, or a political | 16 | | action committee established by a corporation, labor | 17 | | organization, or association facilitating the delivery of | 18 | | contributions maintains a list of natural persons, | 19 | | corporations, labor organizations, and associations that paid | 20 | | the dues, levies, or similar assessments from which the | 21 | | contributions comprising the aggregate amount derive; and | 22 | | (iii) contributions made through dues, levies, or similar | 23 | | assessments paid by any natural person, corporation, labor | 24 | | organization, or association that exceed $1,000 in a quarterly | 25 | | reporting period shall be itemized on the committee's | 26 | | quarterly report and may not be reported in the aggregate. A |
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| 1 | | political action committee facilitating the delivery of | 2 | | contributions or receiving contributions shall disclose the | 3 | | amount of contributions made through dues delivered or | 4 | | received and the name of the corporation, labor organization, | 5 | | association, or political action committee delivering the | 6 | | contributions, if applicable. On January 1 of each | 7 | | odd-numbered year, the State Board of Elections shall adjust | 8 | | the amounts of the contribution limitations established in | 9 | | this subsection for inflation as determined by the Consumer | 10 | | Price Index for All Urban Consumers as issued by the United | 11 | | States Department of Labor and rounded to the nearest $100. | 12 | | The State Board shall publish this information on its official | 13 | | website. | 14 | | (j) A political committee that receives a contribution or | 15 | | transfer in violation of this Section shall dispose of the | 16 | | contribution or transfer by returning the contribution or | 17 | | transfer, or an amount equal to the contribution or transfer, | 18 | | to the contributor or transferor or donating the contribution | 19 | | or transfer, or an amount equal to the contribution or | 20 | | transfer, to a charity. A contribution or transfer received in | 21 | | violation of this Section that is not disposed of as provided | 22 | | in this subsection within 30 days after the Board sends | 23 | | notification to the political committee of the excess | 24 | | contribution by certified mail shall escheat to the General | 25 | | Revenue Fund and the political committee shall be deemed in | 26 | | violation of this Section and subject to a civil penalty not to |
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| 1 | | exceed 150% of the total amount of the contribution. | 2 | | (k) For the purposes of this Section, "statewide office" | 3 | | means the Governor, Lieutenant Governor, Attorney General, | 4 | | Secretary of State, Comptroller, and Treasurer. | 5 | | (l) This Section is repealed if and when the United States | 6 | | Supreme Court invalidates contribution limits on committees | 7 | | formed to assist candidates, political parties, corporations, | 8 | | associations, or labor organizations established by or | 9 | | pursuant to federal law.
| 10 | | (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21 .)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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