IL
Illinois House Bill HB2975

Illinois 2023-2024 Regular Session

Illinois House Bill HB2975 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2975 Introduced , by Rep. Christopher "C.D" Davidsmeyer SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-8.5 Amends the Election Code. Removes a provision that provides that the State Board of Elections shall adjust the amounts of the contribution limits for inflation. LRB103 28265 BMS 54644 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2975 Introduced , by Rep. Christopher "C.D" Davidsmeyer SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-8.5 10 ILCS 5/9-8.5 Amends the Election Code. Removes a provision that provides that the State Board of Elections shall adjust the amounts of the contribution limits for inflation. LRB103 28265 BMS 54644 b LRB103 28265 BMS 54644 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2975 Introduced , by Rep. Christopher "C.D" Davidsmeyer SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/9-8.5 10 ILCS 5/9-8.5
44 10 ILCS 5/9-8.5
55 Amends the Election Code. Removes a provision that provides that the State Board of Elections shall adjust the amounts of the contribution limits for inflation.
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88 A BILL FOR
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1111 1 AN ACT concerning elections.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Election Code is amended by changing
1515 5 Section 9-8.5 as follows:
1616 6 (10 ILCS 5/9-8.5)
1717 7 Sec. 9-8.5. Limitations on campaign contributions.
1818 8 (a) It is unlawful for a political committee to accept
1919 9 contributions except as provided in this Section.
2020 10 (b) During an election cycle, a candidate political
2121 11 committee may not accept contributions with an aggregate value
2222 12 over the following: (i) $5,000 from any individual, (ii)
2323 13 $10,000 from any corporation, labor organization, or
2424 14 association, or (iii) $50,000 from a candidate political
2525 15 committee or political action committee. A candidate political
2626 16 committee may accept contributions in any amount from a
2727 17 political party committee except during an election cycle in
2828 18 which the candidate seeks nomination at a primary election.
2929 19 During an election cycle in which the candidate seeks
3030 20 nomination at a primary election, a candidate political
3131 21 committee may not accept contributions from political party
3232 22 committees with an aggregate value over the following: (i)
3333 23 $200,000 for a candidate political committee established to
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2975 Introduced , by Rep. Christopher "C.D" Davidsmeyer SYNOPSIS AS INTRODUCED:
3838 10 ILCS 5/9-8.5 10 ILCS 5/9-8.5
3939 10 ILCS 5/9-8.5
4040 Amends the Election Code. Removes a provision that provides that the State Board of Elections shall adjust the amounts of the contribution limits for inflation.
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4343 A BILL FOR
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6868 1 support a candidate seeking nomination to statewide office,
6969 2 (ii) $125,000 for a candidate political committee established
7070 3 to support a candidate seeking nomination to the Senate, the
7171 4 Supreme Court or Appellate Court in the First Judicial
7272 5 District, or an office elected by all voters in a county with
7373 6 1,000,000 or more residents, (iii) $75,000 for a candidate
7474 7 political committee established to support a candidate seeking
7575 8 nomination to the House of Representatives, the Supreme Court
7676 9 or Appellate Court for a Judicial District other than the
7777 10 First Judicial District, an office elected by all voters of a
7878 11 county of fewer than 1,000,000 residents, and municipal and
7979 12 county offices in Cook County other than those elected by all
8080 13 voters of Cook County, and (iv) $50,000 for a candidate
8181 14 political committee established to support the nomination of a
8282 15 candidate to any other office. A candidate political committee
8383 16 established to elect a candidate to the General Assembly may
8484 17 accept contributions from only one legislative caucus
8585 18 committee. A candidate political committee may not accept
8686 19 contributions from a ballot initiative committee or from an
8787 20 independent expenditure committee.
8888 21 (b-5) Judicial elections.
8989 22 (1) In addition to any other provision of this
9090 23 Section, a candidate political committee established to
9191 24 support or oppose a candidate seeking nomination to the
9292 25 Supreme Court, Appellate Court, or Circuit Court may not:
9393 26 (A) accept contributions from any entity that does
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104104 1 not disclose the identity of those who make
105105 2 contributions to the entity, except for contributions
106106 3 that are not required to be itemized by this Code; or
107107 4 (B) accept contributions from any out-of-state
108108 5 person, as defined in this Article.
109109 6 (1.1) In addition to any other provision of this
110110 7 Section, a political committee that is self-funding, as
111111 8 described in subsection (h) of this Section, and is
112112 9 established to support or oppose a candidate seeking
113113 10 nomination, election, or retention to the Supreme Court,
114114 11 the Appellate Court, or the Circuit Court may not accept
115115 12 contributions from any single person, other than the
116116 13 judicial candidate or the candidate's immediate family, in
117117 14 a cumulative amount that exceeds $500,000 in any election
118118 15 cycle. Any contribution in excess of the limits in this
119119 16 paragraph (1.1) shall escheat to the State of Illinois.
120120 17 Any political committee that receives such a contribution
121121 18 shall immediately forward the amount that exceeds $500,000
122122 19 to the State Treasurer who shall deposit the funds into
123123 20 the State Treasury.
124124 21 (1.2) In addition to any other provision of this
125125 22 Section, an independent expenditure committee established
126126 23 to support or oppose a candidate seeking nomination,
127127 24 election, or retention to the Supreme Court, the Appellate
128128 25 Court, or the Circuit Court may not accept contributions
129129 26 from any single person in a cumulative amount that exceeds
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140140 1 $500,000 in any election cycle. Any contribution in excess
141141 2 of the limits in this paragraph (1.2) shall escheat to the
142142 3 State of Illinois. Any independent expenditure committee
143143 4 that receives such a contribution shall immediately
144144 5 forward the amount that exceeds $500,000 to the State
145145 6 Treasurer who shall deposit the funds into the State
146146 7 Treasury.
147147 8 (1.3) In addition to any other provision of this
148148 9 Section, if a political committee established to support
149149 10 or oppose a candidate seeking nomination, election, or
150150 11 retention to the Supreme Court, the Appellate Court, or
151151 12 the Circuit Court receives a contribution in excess of
152152 13 $500 from: (i) any committee that is not required to
153153 14 disclose its contributors under this Act; (ii) any
154154 15 association that is not required to disclose its
155155 16 contributors under this Act; or (iii) any other
156156 17 organization or group of persons that is not required to
157157 18 disclose its contributors under this Act, then that
158158 19 contribution shall be considered an anonymous contribution
159159 20 that shall escheat to the State, unless the political
160160 21 committee reports to the State Board of Elections all
161161 22 persons who have contributed in excess of $500 during the
162162 23 same election cycle to the committee, association,
163163 24 organization, or group making the contribution. Any
164164 25 political committee that receives such a contribution and
165165 26 fails to report this information shall forward the
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176176 1 contribution amount immediately to the State Treasurer who
177177 2 shall deposit the funds into the State Treasury.
178178 3 (2) As used in this subsection, "contribution" has the
179179 4 meaning provided in Section 9-1.4 and also includes the
180180 5 following that are subject to the limits of this Section:
181181 6 (A) expenditures made by any person in concert or
182182 7 cooperation with, or at the request or suggestion of,
183183 8 a candidate, his or her designated committee, or their
184184 9 agents; and
185185 10 (B) the financing by any person of the
186186 11 dissemination, distribution, or republication, in
187187 12 whole or in part, of any broadcast or any written,
188188 13 graphic, or other form of campaign materials prepared
189189 14 by the candidate, his or her campaign committee, or
190190 15 their designated agents.
191191 16 (3) As to contributions to a candidate political
192192 17 committee established to support a candidate seeking
193193 18 nomination to the Supreme Court, Appellate Court, or
194194 19 Circuit Court:
195195 20 (A) No person shall make a contribution in the
196196 21 name of another person or knowingly permit his or her
197197 22 name to be used to effect such a contribution.
198198 23 (B) No person shall knowingly accept a
199199 24 contribution made by one person in the name of another
200200 25 person.
201201 26 (C) No person shall knowingly accept reimbursement
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212212 1 from another person for a contribution made in his or
213213 2 her own name.
214214 3 (D) No person shall make an anonymous
215215 4 contribution.
216216 5 (E) No person shall knowingly accept any anonymous
217217 6 contribution.
218218 7 (F) No person shall predicate (1) any benefit,
219219 8 including, but not limited to, employment decisions,
220220 9 including hiring, promotions, bonus compensation, and
221221 10 transfers, or (2) any other gift, transfer, or
222222 11 emolument upon:
223223 12 (i) the decision by the recipient of that
224224 13 benefit to donate or not to donate to a candidate;
225225 14 or
226226 15 (ii) the amount of any such donation.
227227 16 (4) No judicial candidate or political committee
228228 17 established to support a candidate seeking nomination to
229229 18 the Supreme Court, Appellate Court, or Circuit Court shall
230230 19 knowingly accept any contribution or make any expenditure
231231 20 in violation of the provisions of this Section. No officer
232232 21 or employee of a political committee established to
233233 22 support a candidate seeking nomination to the Supreme
234234 23 Court, Appellate Court, or Circuit Court shall knowingly
235235 24 accept a contribution made for the benefit or use of a
236236 25 candidate or knowingly make any expenditure in support of
237237 26 or opposition to a candidate or for electioneering
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248248 1 communications in relation to a candidate in violation of
249249 2 any limitation designated for contributions and
250250 3 expenditures under this Section.
251251 4 (5) Where the provisions of this subsection (b-5)
252252 5 conflict with any other provision of this Code, this
253253 6 subsection (b-5) shall control.
254254 7 (c) During an election cycle, a political party committee
255255 8 may not accept contributions with an aggregate value over the
256256 9 following: (i) $10,000 from any individual, (ii) $20,000 from
257257 10 any corporation, labor organization, or association, or (iii)
258258 11 $50,000 from a political action committee. A political party
259259 12 committee may accept contributions in any amount from another
260260 13 political party committee or a candidate political committee,
261261 14 except as provided in subsection (c-5). Nothing in this
262262 15 Section shall limit the amounts that may be transferred
263263 16 between a political party committee established under
264264 17 subsection (a) of Section 7-8 of this Code and an affiliated
265265 18 federal political committee established under the Federal
266266 19 Election Code by the same political party. A political party
267267 20 committee may not accept contributions from a ballot
268268 21 initiative committee or from an independent expenditure
269269 22 committee. A political party committee established by a
270270 23 legislative caucus may not accept contributions from another
271271 24 political party committee established by a legislative caucus.
272272 25 (c-5) During the period beginning on the date candidates
273273 26 may begin circulating petitions for a primary election and
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284284 1 ending on the day of the primary election, a political party
285285 2 committee may not accept contributions with an aggregate value
286286 3 over $50,000 from a candidate political committee or political
287287 4 party committee. A political party committee may accept
288288 5 contributions in any amount from a candidate political
289289 6 committee or political party committee if the political party
290290 7 committee receiving the contribution filed a statement of
291291 8 nonparticipation in the primary as provided in subsection
292292 9 (c-10). The Task Force on Campaign Finance Reform shall study
293293 10 and make recommendations on the provisions of this subsection
294294 11 to the Governor and General Assembly by September 30, 2012.
295295 12 This subsection becomes inoperative on July 1, 2013 and
296296 13 thereafter no longer applies.
297297 14 (c-10) A political party committee that does not intend to
298298 15 make contributions to candidates to be nominated at a general
299299 16 primary election or consolidated primary election may file a
300300 17 Statement of Nonparticipation in a Primary Election with the
301301 18 Board. The Statement of Nonparticipation shall include a
302302 19 verification signed by the chairperson and treasurer of the
303303 20 committee that (i) the committee will not make contributions
304304 21 or coordinated expenditures in support of or opposition to a
305305 22 candidate or candidates to be nominated at the general primary
306306 23 election or consolidated primary election (select one) to be
307307 24 held on (insert date), (ii) the political party committee may
308308 25 accept unlimited contributions from candidate political
309309 26 committees and political party committees, provided that the
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320320 1 political party committee does not make contributions to a
321321 2 candidate or candidates to be nominated at the primary
322322 3 election, and (iii) failure to abide by these requirements
323323 4 shall deem the political party committee in violation of this
324324 5 Article and subject the committee to a fine of no more than
325325 6 150% of the total contributions or coordinated expenditures
326326 7 made by the committee in violation of this Article. This
327327 8 subsection becomes inoperative on July 1, 2013 and thereafter
328328 9 no longer applies.
329329 10 (d) During an election cycle, a political action committee
330330 11 may not accept contributions with an aggregate value over the
331331 12 following: (i) $10,000 from any individual, (ii) $20,000 from
332332 13 any corporation, labor organization, political party
333333 14 committee, or association, or (iii) $50,000 from a political
334334 15 action committee or candidate political committee. A political
335335 16 action committee may not accept contributions from a ballot
336336 17 initiative committee or from an independent expenditure
337337 18 committee.
338338 19 (e) A ballot initiative committee may accept contributions
339339 20 in any amount from any source, provided that the committee
340340 21 files the document required by Section 9-3 of this Article and
341341 22 files the disclosure reports required by the provisions of
342342 23 this Article.
343343 24 (e-5) An independent expenditure committee may accept
344344 25 contributions in any amount from any source, provided that the
345345 26 committee files the document required by Section 9-3 of this
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356356 1 Article and files the disclosure reports required by the
357357 2 provisions of this Article.
358358 3 (e-10) A limited activity committee shall not accept
359359 4 contributions, except that the officer or a candidate the
360360 5 committee has designated to support may contribute personal
361361 6 funds in order to pay for maintenance expenses. A limited
362362 7 activity committee may only make expenditures that are: (i)
363363 8 necessary for maintenance of the committee; (ii) for rent or
364364 9 lease payments until the end of the lease in effect at the time
365365 10 the officer or candidate is confirmed by the Senate; (iii)
366366 11 contributions to 501(c)(3) charities; or (iv) returning
367367 12 contributions to original contributors.
368368 13 (f) Nothing in this Section shall prohibit a political
369369 14 committee from dividing the proceeds of joint fundraising
370370 15 efforts; provided that no political committee may receive more
371371 16 than the limit from any one contributor, and provided that an
372372 17 independent expenditure committee may not conduct joint
373373 18 fundraising efforts with a candidate political committee or a
374374 19 political party committee.
375375 20 (g) (Blank). On January 1 of each odd-numbered year, the
376376 21 State Board of Elections shall adjust the amounts of the
377377 22 contribution limitations established in this Section for
378378 23 inflation as determined by the Consumer Price Index for All
379379 24 Urban Consumers as issued by the United States Department of
380380 25 Labor and rounded to the nearest $100. The State Board shall
381381 26 publish this information on its official website.
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392392 1 (h) Self-funding candidates. If a public official, a
393393 2 candidate, or the public official's or candidate's immediate
394394 3 family contributes or loans to the public official's or
395395 4 candidate's political committee or to other political
396396 5 committees that transfer funds to the public official's or
397397 6 candidate's political committee or makes independent
398398 7 expenditures for the benefit of the public official's or
399399 8 candidate's campaign during the 12 months prior to an election
400400 9 in an aggregate amount of more than (i) $250,000 for statewide
401401 10 office or (ii) $100,000 for all other elective offices, then
402402 11 the public official or candidate shall file with the State
403403 12 Board of Elections, within one day, a Notification of
404404 13 Self-funding that shall detail each contribution or loan made
405405 14 by the public official, the candidate, or the public
406406 15 official's or candidate's immediate family. Within 2 business
407407 16 days after the filing of a Notification of Self-funding, the
408408 17 notification shall be posted on the Board's website and the
409409 18 Board shall give official notice of the filing to each
410410 19 candidate for the same office as the public official or
411411 20 candidate making the filing, including the public official or
412412 21 candidate filing the Notification of Self-funding. Notice
413413 22 shall be sent via first class mail to the candidate and the
414414 23 treasurer of the candidate's committee. Notice shall also be
415415 24 sent by e-mail to the candidate and the treasurer of the
416416 25 candidate's committee if the candidate and the treasurer, as
417417 26 applicable, have provided the Board with an e-mail address.
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428428 1 Upon posting of the notice on the Board's website, all
429429 2 candidates for that office, including the public official or
430430 3 candidate who filed a Notification of Self-funding, shall be
431431 4 permitted to accept contributions in excess of any
432432 5 contribution limits imposed by subsection (b). If a public
433433 6 official or candidate filed a Notification of Self-funding
434434 7 during an election cycle that includes a general primary
435435 8 election or consolidated primary election and that public
436436 9 official or candidate is nominated, all candidates for that
437437 10 office, including the nominee who filed the notification of
438438 11 self-funding, shall be permitted to accept contributions in
439439 12 excess of any contribution limit imposed by subsection (b) for
440440 13 the subsequent election cycle. For the purposes of this
441441 14 subsection, "immediate family" means the spouse, parent, or
442442 15 child of a public official or candidate.
443443 16 (h-5) If a natural person or independent expenditure
444444 17 committee makes independent expenditures in support of or in
445445 18 opposition to the campaign of a particular public official or
446446 19 candidate in an aggregate amount of more than (i) $250,000 for
447447 20 statewide office or (ii) $100,000 for all other elective
448448 21 offices in an election cycle, as reported in a written
449449 22 disclosure filed under subsection (a) of Section 9-8.6 or
450450 23 subsection (e-5) of Section 9-10, then the State Board of
451451 24 Elections shall, within 2 business days after the filing of
452452 25 the disclosure, post the disclosure on the Board's website and
453453 26 give official notice of the disclosure to each candidate for
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464464 1 the same office as the public official or candidate for whose
465465 2 benefit or detriment the natural person or independent
466466 3 expenditure committee made independent expenditures. Upon
467467 4 posting of the notice on the Board's website, all candidates
468468 5 for that office in that election, including the public
469469 6 official or candidate for whose benefit or detriment the
470470 7 natural person or independent expenditure committee made
471471 8 independent expenditures, shall be permitted to accept
472472 9 contributions in excess of any contribution limits imposed by
473473 10 subsection (b).
474474 11 (h-10) If the State Board of Elections receives
475475 12 notification or determines that a natural person or persons,
476476 13 an independent expenditure committee or committees, or
477477 14 combination thereof has made independent expenditures in
478478 15 support of or in opposition to the campaign of a particular
479479 16 public official or candidate in an aggregate amount of more
480480 17 than (i) $250,000 for statewide office or (ii) $100,000 for
481481 18 all other elective offices in an election cycle, then the
482482 19 Board shall, within 2 business days after discovering the
483483 20 independent expenditures that, in the aggregate, exceed the
484484 21 threshold set forth in (i) and (ii) of this subsection, post
485485 22 notice of this fact on the Board's website and give official
486486 23 notice to each candidate for the same office as the public
487487 24 official or candidate for whose benefit or detriment the
488488 25 independent expenditures were made. Notice shall be sent via
489489 26 first class mail to the candidate and the treasurer of the
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500500 1 candidate's committee. Notice shall also be sent by e-mail to
501501 2 the candidate and the treasurer of the candidate's committee
502502 3 if the candidate and the treasurer, as applicable, have
503503 4 provided the Board with an e-mail address. Upon posting of the
504504 5 notice on the Board's website, all candidates of that office
505505 6 in that election, including the public official or candidate
506506 7 for whose benefit or detriment the independent expenditures
507507 8 were made, may accept contributions in excess of any
508508 9 contribution limits imposed by subsection (b).
509509 10 (i) For the purposes of this Section, a corporation, labor
510510 11 organization, association, or a political action committee
511511 12 established by a corporation, labor organization, or
512512 13 association may act as a conduit in facilitating the delivery
513513 14 to a political action committee of contributions made through
514514 15 dues, levies, or similar assessments and the political action
515515 16 committee may report the contributions in the aggregate,
516516 17 provided that: (i) contributions made through dues, levies, or
517517 18 similar assessments paid by any natural person, corporation,
518518 19 labor organization, or association in a calendar year may not
519519 20 exceed the limits set forth in this Section; (ii) the
520520 21 corporation, labor organization, association, or a political
521521 22 action committee established by a corporation, labor
522522 23 organization, or association facilitating the delivery of
523523 24 contributions maintains a list of natural persons,
524524 25 corporations, labor organizations, and associations that paid
525525 26 the dues, levies, or similar assessments from which the
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536536 1 contributions comprising the aggregate amount derive; and
537537 2 (iii) contributions made through dues, levies, or similar
538538 3 assessments paid by any natural person, corporation, labor
539539 4 organization, or association that exceed $1,000 in a quarterly
540540 5 reporting period shall be itemized on the committee's
541541 6 quarterly report and may not be reported in the aggregate. A
542542 7 political action committee facilitating the delivery of
543543 8 contributions or receiving contributions shall disclose the
544544 9 amount of contributions made through dues delivered or
545545 10 received and the name of the corporation, labor organization,
546546 11 association, or political action committee delivering the
547547 12 contributions, if applicable. On January 1 of each
548548 13 odd-numbered year, the State Board of Elections shall adjust
549549 14 the amounts of the contribution limitations established in
550550 15 this subsection for inflation as determined by the Consumer
551551 16 Price Index for All Urban Consumers as issued by the United
552552 17 States Department of Labor and rounded to the nearest $100.
553553 18 The State Board shall publish this information on its official
554554 19 website.
555555 20 (j) A political committee that receives a contribution or
556556 21 transfer in violation of this Section shall dispose of the
557557 22 contribution or transfer by returning the contribution or
558558 23 transfer, or an amount equal to the contribution or transfer,
559559 24 to the contributor or transferor or donating the contribution
560560 25 or transfer, or an amount equal to the contribution or
561561 26 transfer, to a charity. A contribution or transfer received in
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572572 1 violation of this Section that is not disposed of as provided
573573 2 in this subsection within 30 days after the Board sends
574574 3 notification to the political committee of the excess
575575 4 contribution by certified mail shall escheat to the General
576576 5 Revenue Fund and the political committee shall be deemed in
577577 6 violation of this Section and subject to a civil penalty not to
578578 7 exceed 150% of the total amount of the contribution.
579579 8 (k) For the purposes of this Section, "statewide office"
580580 9 means the Governor, Lieutenant Governor, Attorney General,
581581 10 Secretary of State, Comptroller, and Treasurer.
582582 11 (l) This Section is repealed if and when the United States
583583 12 Supreme Court invalidates contribution limits on committees
584584 13 formed to assist candidates, political parties, corporations,
585585 14 associations, or labor organizations established by or
586586 15 pursuant to federal law.
587587 16 (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21;
588588 17 102-909, eff. 5-27-22.)
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