State of Illinois
92nd General Assembly
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[ House Amendment 001 ]


92_HB3578

 
                                              LRB9201901MWksA

 1        AN ACT in relation to campaign contributions.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The  Election  Code  is  amended  by  changing
 5    Sections  9-1.4  and  9-25  and  by adding Sections 9-2.1 and
 6    9-9.10 as follows:

 7        (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
 8        Sec. 9-1.4.  "Contribution" means-
 9        (1)  a gift, subscription, donation, dues, loan, advance,
10    or deposit of money or anything of value, knowingly  received
11    in  connection with the nomination for election, or election,
12    of any person  to  public  office,  in  connection  with  the
13    election  of  any  person as ward or township committeeman in
14    counties of 3,000,000 or more population,  or  in  connection
15    with any question of public policy;
16        (2)  the  purchase  of  tickets  for fund-raising events,
17    including but not limited  to  dinners,  luncheons,  cocktail
18    parties,  and  rallies made in connection with the nomination
19    for election, or election, of any person to public office, in
20    connection with  the  election  of  any  person  as  ward  or
21    township  committeeman  in  counties  of  3,000,000  or  more
22    population,  or  in  connection  with  any question of public
23    policy;
24        (3)  a transfer of funds  between  political  committees;
25    and
26        (4)  the  services of an employee donated by an employer,
27    in which case the contribution shall be listed in the name of
28    the employer, except that any  individual  services  provided
29    voluntarily   and   without   promise   or   expectation   of
30    compensation   from   any   source  shall  not  be  deemed  a
31    contribution; but

 
                            -2-               LRB9201901MWksA
 1        (5)  does not include--
 2             (a)  the use of real or personal  property  and  the
 3        cost  of  invitations,  food,  and beverages, voluntarily
 4        provided by an individual in rendering voluntary personal
 5        services on the  individual's  residential  premises  for
 6        candidate-related  activities;  provided the value of the
 7        service provided does not exceed an aggregate of $150  in
 8        a reporting period;
 9             (b)  the  sale  of  any food or beverage by a vendor
10        for use in a candidate's campaign at a charge  less  than
11        the normal comparable charge, if such charge for use in a
12        candidate's  campaign  is  at  least equal to the cost of
13        such food or beverage to the vendor; and.
14             (c)  personal services by an individual who  donates
15        his or her time to a campaign.
16    (Source: P.A. 89-405, eff. 11-8-95.)

17        (10 ILCS 5/9-2.1 new)
18        Sec. 9-2.1.  Number of political committees.
19        (a)  Except as provided in subsection (b), no more than 2
20    political  committees  may  be established by or on behalf of
21    any candidate for public office.
22        (b)  No  more  than  3  political   committees   may   be
23    established  by  or  on  behalf  of any candidate holding the
24    office of Speaker of the House of  Representatives,  Minority
25    Leader  of  the  House  of  Representatives, President of the
26    Senate, or Minority Leader of the Senate.
27        (c)  A political party may not establish  more  than  one
28    political committee.

29        (10 ILCS 5/9-9.10 new)
30        Sec. 9-9.10. Contribution limits.
31        (a)  In this Section:
32        "Election  cycle"  means (i) for candidates for office at
 
                            -3-               LRB9201901MWksA
 1    the general election, the period beginning on the day after a
 2    general election and ending on the day of  the  next  general
 3    election   and   (ii)   for  candidates  for  office  at  the
 4    consolidated election, the period beginning on the day  after
 5    a  consolidated  election  and  ending on the day of the next
 6    consolidated election.
 7        "Multi-candidate political committee" means  a  political
 8    committee  that  (i)  has received contributions of more than
 9    $5,000 and (ii) except for  the  political  committees  of  a
10    political   party,  has  made  contributions  to  5  or  more
11    political committees or candidates for public office.
12        "Political party" means the same as  in  Section  8-2  of
13    this Code.
14        (b)  An  individual  may not contribute an amount of more
15    than $3,000, in the aggregate, during any election  cycle  to
16    any candidate for office and the political committees of that
17    candidate.   An  individual  may  not contribute an amount of
18    more than $10,000, in the aggregate, during any calendar year
19    to a political party and the  political  committees  of  that
20    political  party.  An individual may not contribute more than
21    $10,000 during any  calendar  year  to  any  other  political
22    committee.
23        (c)  A   multi-candidate   political  committee  may  not
24    contribute an amount of more than $15,000, in the  aggregate,
25    during any election cycle to any candidate for office and the
26    political  committees  of  that  candidate. A multi-candidate
27    committee may not contribute an amount of more than  $10,000,
28    in  the  aggregate,  during  any calendar year to a political
29    party and the political committees of that  political  party.
30    A  multi-candidate  committee may not contribute an amount of
31    more than $5,000  during  any  calendar  year  to  any  other
32    political committee.
33        (d)  A  political committee that is not a multi-candidate
34    committee may not contribute an amount of more  than  $5,000,
 
                            -4-               LRB9201901MWksA
 1    in  the aggregate, during any election cycle to any candidate
 2    for office and the political committees of that candidate.  A
 3    political committee that is not a  multi-candidate  committee
 4    may  not  contribute  an  amount of more than $20,000, in the
 5    aggregate, during any calendar year to a political party  and
 6    the   political   committees  of  that  political  party.   A
 7    political committee that is not a  multi-candidate  committee
 8    may  not  contribute an amount of more than $5,000 during any
 9    calendar year to any other political committee.
10        (e)  A labor union, corporation, or  other  legal  entity
11    (other  than  an individual or a political committee) may not
12    contribute during an election cycle an amount  of  more  than
13    (i)  $5,000,  in the aggregate, to a candidate for office and
14    the political committees of that candidate, (ii)  $5,000,  in
15    the  aggregate,  to  a  political  party  and  the  political
16    committees  of  that political party, or (iii) $5,000, in the
17    aggregate,  to  any  other  political  committee.   In   this
18    Section,  a  labor  union, corporation, or other legal entity
19    (other than an individual or a political committee)  includes
20    all  other  entities  who share with it at least a 50% common
21    ownership or control.
22        (f)  A political party and its political  committees  may
23    not contribute to a candidate and the political committees of
24    that  candidate an amount, in the aggregate, that constitutes
25    more than 25% of that candidate's and his  or  her  political
26    committee's total expenditures during the election cycle.
27        (g)  Any  person or entity that violates this Section for
28    the first time is guilty of a business offense  and  must  be
29    fined  an  amount  that  is at least double the amount of the
30    contributions in excess of the limits in this  Section.   Any
31    person  or  entity that violates this Section for a second or
32    subsequent time is guilty of a Class A misdemeanor  and  must
33    be  fined an amount that is at least double the amount of the
34    contributions in excess of the limits in this Section.
 
                            -5-               LRB9201901MWksA
 1        In the calendar year or election cycle during which  this
 2    amendatory  Act  of the 92nd General Assembly takes effect, a
 3    penalty may not be imposed on an individual  or  entity  that
 4    has  made  a  contribution  that violates this Section if the
 5    contribution was made  before  the  effective  date  of  this
 6    amendatory  Act  of the 92nd General Assembly.  Contributions
 7    made before the effective date of this amendatory Act of  the
 8    92nd   General   Assembly   must,  however,  be  included  in
 9    determining the extent of  contributions  that  may  be  made
10    during  the balance of that initial calendar year or election
11    cycle.

12        (10 ILCS 5/9-25) (from Ch. 46, par. 9-25)
13        Sec. 9-25.  Anonymous contributions and contributions  in
14    the name of another prohibited.
15        (a)  No  person shall make an anonymous contribution or a
16    contribution in the name of another  person,  and  no  person
17    shall   knowingly   accept   any  anonymous  contribution  or
18    contribution made by  one  person  in  the  name  of  another
19    person.
20        (b)  Anonymous  contributions  and  contributions  in the
21    name  of  another  person  shall  escheat  to  the  State  of
22    Illinois.  Any  political  committee  that  receives  such  a
23    contribution  shall  forward  it  immediately  to  the  State
24    Treasurer.
25        (c)  Any  person  who  knowingly   makes   an   anonymous
26    contribution  or a contribution in the name of another person
27    is guilty of a Class A misdemeanor and may be fined an amount
28    no  greater  than  3  times  the  amount  of  the  prohibited
29    contribution.
30        (d)  For the purposes of this Section,  "contribution  in
31    the name of another person" means a contribution in which (i)
32    the  source of the contribution and (ii) the person or entity
33    causing the contribution to be made are  not  reported  under
 
                            -6-               LRB9201901MWksA
 1    this Article.
 2    (Source: P.A. 78-1183.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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