Illinois 2023-2024 Regular Session

Illinois House Bill HB5768 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5768 Introduced 3/7/2024, by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-8.5 Amends the Election Code. Provides that an appointed or elected supervisor of assessments or county assessor is prohibited from making a contribution to any political committee established to promote the candidacy of a person who is a candidate for the Board of Review of the county in which the supervisor of assessments or county assessor serves. Provides that it is unlawful for a political committee to accept contributions that violate those provisions. LRB103 39640 HLH 70001 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5768 Introduced 3/7/2024, by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-8.5 10 ILCS 5/9-8.5 Amends the Election Code. Provides that an appointed or elected supervisor of assessments or county assessor is prohibited from making a contribution to any political committee established to promote the candidacy of a person who is a candidate for the Board of Review of the county in which the supervisor of assessments or county assessor serves. Provides that it is unlawful for a political committee to accept contributions that violate those provisions. LRB103 39640 HLH 70001 b LRB103 39640 HLH 70001 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5768 Introduced 3/7/2024, by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/9-8.5 10 ILCS 5/9-8.5
4	4	10 ILCS 5/9-8.5
5	5	Amends the Election Code. Provides that an appointed or elected supervisor of assessments or county assessor is prohibited from making a contribution to any political committee established to promote the candidacy of a person who is a candidate for the Board of Review of the county in which the supervisor of assessments or county assessor serves. Provides that it is unlawful for a political committee to accept contributions that violate those provisions.
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8	8	A BILL FOR
9	9	HB5768LRB103 39640 HLH 70001 b HB5768 LRB103 39640 HLH 70001 b
10	10	HB5768 LRB103 39640 HLH 70001 b
11	11	1 AN ACT concerning elections.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Election Code is amended by changing
15	15	5 Section 9-8.5 as follows:
16	16	6 (10 ILCS 5/9-8.5)
17	17	7 Sec. 9-8.5. Limitations on campaign contributions.
18	18	8 (a) It is unlawful for a political committee to accept
19	19	9 contributions except as provided in this Section.
20	20	10 (b) During an election cycle, a candidate political
21	21	11 committee may not accept contributions with an aggregate value
22	22	12 over the following: (i) $5,000 from any individual, (ii)
23	23	13 $10,000 from any corporation, labor organization, or
24	24	14 association, or (iii) $50,000 from a candidate political
25	25	15 committee or political action committee. A candidate political
26	26	16 committee may accept contributions in any amount from a
27	27	17 political party committee except during an election cycle in
28	28	18 which the candidate seeks nomination at a primary election.
29	29	19 During an election cycle in which the candidate seeks
30	30	20 nomination at a primary election, a candidate political
31	31	21 committee may not accept contributions from political party
32	32	22 committees with an aggregate value over the following: (i)
33	33	23 $200,000 for a candidate political committee established to
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5768 Introduced 3/7/2024, by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
38	38	10 ILCS 5/9-8.5 10 ILCS 5/9-8.5
39	39	10 ILCS 5/9-8.5
40	40	Amends the Election Code. Provides that an appointed or elected supervisor of assessments or county assessor is prohibited from making a contribution to any political committee established to promote the candidacy of a person who is a candidate for the Board of Review of the county in which the supervisor of assessments or county assessor serves. Provides that it is unlawful for a political committee to accept contributions that violate those provisions.
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43	43	A BILL FOR
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49	49	10 ILCS 5/9-8.5
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68	68	1 support a candidate seeking nomination to statewide office,
69	69	2 (ii) $125,000 for a candidate political committee established
70	70	3 to support a candidate seeking nomination to the Senate, the
71	71	4 Supreme Court or Appellate Court in the First Judicial
72	72	5 District, or an office elected by all voters in a county with
73	73	6 1,000,000 or more residents, (iii) $75,000 for a candidate
74	74	7 political committee established to support a candidate seeking
75	75	8 nomination to the House of Representatives, the Supreme Court
76	76	9 or Appellate Court for a Judicial District other than the
77	77	10 First Judicial District, an office elected by all voters of a
78	78	11 county of fewer than 1,000,000 residents, and municipal and
79	79	12 county offices in Cook County other than those elected by all
80	80	13 voters of Cook County, and (iv) $50,000 for a candidate
81	81	14 political committee established to support the nomination of a
82	82	15 candidate to any other office. A candidate political committee
83	83	16 established to elect a candidate to the General Assembly may
84	84	17 accept contributions from only one legislative caucus
85	85	18 committee. A candidate political committee may not accept
86	86	19 contributions from a ballot initiative committee or from an
87	87	20 independent expenditure committee.
88	88	21 (b-5) Judicial elections.
89	89	22 (1) In addition to any other provision of this
90	90	23 Section, a candidate political committee established to
91	91	24 support or oppose a candidate seeking nomination to the
92	92	25 Supreme Court, Appellate Court, or Circuit Court may not:
93	93	26 (A) accept contributions from any entity that does
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104	104	1 not disclose the identity of those who make
105	105	2 contributions to the entity, except for contributions
106	106	3 that are not required to be itemized by this Code; or
107	107	4 (B) accept contributions from any out-of-state
108	108	5 person, as defined in this Article.
109	109	6 (1.1) In addition to any other provision of this
110	110	7 Section, a political committee that is self-funding, as
111	111	8 described in subsection (h) of this Section, and is
112	112	9 established to support or oppose a candidate seeking
113	113	10 nomination, election, or retention to the Supreme Court,
114	114	11 the Appellate Court, or the Circuit Court may not accept
115	115	12 contributions from any single person, other than the
116	116	13 judicial candidate or the candidate's immediate family, in
117	117	14 a cumulative amount that exceeds $500,000 in any election
118	118	15 cycle. Any contribution in excess of the limits in this
119	119	16 paragraph (1.1) shall escheat to the State of Illinois.
120	120	17 Any political committee that receives such a contribution
121	121	18 shall immediately forward the amount that exceeds $500,000
122	122	19 to the State Treasurer who shall deposit the funds into
123	123	20 the State Treasury.
124	124	21 (1.2) In addition to any other provision of this
125	125	22 Section, an independent expenditure committee established
126	126	23 to support or oppose a candidate seeking nomination,
127	127	24 election, or retention to the Supreme Court, the Appellate
128	128	25 Court, or the Circuit Court may not accept contributions
129	129	26 from any single person in a cumulative amount that exceeds
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140	140	1 $500,000 in any election cycle. Any contribution in excess
141	141	2 of the limits in this paragraph (1.2) shall escheat to the
142	142	3 State of Illinois. Any independent expenditure committee
143	143	4 that receives such a contribution shall immediately
144	144	5 forward the amount that exceeds $500,000 to the State
145	145	6 Treasurer who shall deposit the funds into the State
146	146	7 Treasury.
147	147	8 (1.3) In addition to any other provision of this
148	148	9 Section, if a political committee established to support
149	149	10 or oppose a candidate seeking nomination, election, or
150	150	11 retention to the Supreme Court, the Appellate Court, or
151	151	12 the Circuit Court receives a contribution in excess of
152	152	13 $500 from: (i) any committee that is not required to
153	153	14 disclose its contributors under this Act; (ii) any
154	154	15 association that is not required to disclose its
155	155	16 contributors under this Act; or (iii) any other
156	156	17 organization or group of persons that is not required to
157	157	18 disclose its contributors under this Act, then that
158	158	19 contribution shall be considered an anonymous contribution
159	159	20 that shall escheat to the State, unless the political
160	160	21 committee reports to the State Board of Elections all
161	161	22 persons who have contributed in excess of $500 during the
162	162	23 same election cycle to the committee, association,
163	163	24 organization, or group making the contribution. Any
164	164	25 political committee that receives such a contribution and
165	165	26 fails to report this information shall forward the
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176	176	1 contribution amount immediately to the State Treasurer who
177	177	2 shall deposit the funds into the State Treasury.
178	178	3 (2) As used in this subsection, "contribution" has the
179	179	4 meaning provided in Section 9-1.4 and also includes the
180	180	5 following that are subject to the limits of this Section:
181	181	6 (A) expenditures made by any person in concert or
182	182	7 cooperation with, or at the request or suggestion of,
183	183	8 a candidate, his or her designated committee, or their
184	184	9 agents; and
185	185	10 (B) the financing by any person of the
186	186	11 dissemination, distribution, or republication, in
187	187	12 whole or in part, of any broadcast or any written,
188	188	13 graphic, or other form of campaign materials prepared
189	189	14 by the candidate, his or her campaign committee, or
190	190	15 their designated agents.
191	191	16 (3) As to contributions to a candidate political
192	192	17 committee established to support a candidate seeking
193	193	18 nomination to the Supreme Court, Appellate Court, or
194	194	19 Circuit Court:
195	195	20 (A) No person shall make a contribution in the
196	196	21 name of another person or knowingly permit his or her
197	197	22 name to be used to effect such a contribution.
198	198	23 (B) No person shall knowingly accept a
199	199	24 contribution made by one person in the name of another
200	200	25 person.
201	201	26 (C) No person shall knowingly accept reimbursement
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212	212	1 from another person for a contribution made in his or
213	213	2 her own name.
214	214	3 (D) No person shall make an anonymous
215	215	4 contribution.
216	216	5 (E) No person shall knowingly accept any anonymous
217	217	6 contribution.
218	218	7 (F) No person shall predicate (1) any benefit,
219	219	8 including, but not limited to, employment decisions,
220	220	9 including hiring, promotions, bonus compensation, and
221	221	10 transfers, or (2) any other gift, transfer, or
222	222	11 emolument upon:
223	223	12 (i) the decision by the recipient of that
224	224	13 benefit to donate or not to donate to a candidate;
225	225	14 or
226	226	15 (ii) the amount of any such donation.
227	227	16 (4) No judicial candidate or political committee
228	228	17 established to support a candidate seeking nomination to
229	229	18 the Supreme Court, Appellate Court, or Circuit Court shall
230	230	19 knowingly accept any contribution or make any expenditure
231	231	20 in violation of the provisions of this Section. No officer
232	232	21 or employee of a political committee established to
233	233	22 support a candidate seeking nomination to the Supreme
234	234	23 Court, Appellate Court, or Circuit Court shall knowingly
235	235	24 accept a contribution made for the benefit or use of a
236	236	25 candidate or knowingly make any expenditure in support of
237	237	26 or opposition to a candidate or for electioneering
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248	248	1 communications in relation to a candidate in violation of
249	249	2 any limitation designated for contributions and
250	250	3 expenditures under this Section.
251	251	4 (5) Where the provisions of this subsection (b-5)
252	252	5 conflict with any other provision of this Code, this
253	253	6 subsection (b-5) shall control.
254	254	7 (b-10) Notwithstanding any other provision of law, an
255	255	8 appointed or elected supervisor of assessments or county
256	256	9 assessor is prohibited from making a contribution to any
257	257	10 political committee established to promote the candidacy of a
258	258	11 person who is a candidate for the Board of Review of the county
259	259	12 in which the supervisor of assessments or county assessor
260	260	13 serves. It is unlawful for a political committee to accept
261	261	14 contributions that violate this subsection.
262	262	15 (c) During an election cycle, a political party committee
263	263	16 may not accept contributions with an aggregate value over the
264	264	17 following: (i) $10,000 from any individual, (ii) $20,000 from
265	265	18 any corporation, labor organization, or association, or (iii)
266	266	19 $50,000 from a political action committee. A political party
267	267	20 committee may accept contributions in any amount from another
268	268	21 political party committee or a candidate political committee,
269	269	22 except as provided in subsection (c-5). Nothing in this
270	270	23 Section shall limit the amounts that may be transferred
271	271	24 between a political party committee established under
272	272	25 subsection (a) of Section 7-8 of this Code and an affiliated
273	273	26 federal political committee established under the Federal
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284	284	1 Election Code by the same political party. A political party
285	285	2 committee may not accept contributions from a ballot
286	286	3 initiative committee or from an independent expenditure
287	287	4 committee. A political party committee established by a
288	288	5 legislative caucus may not accept contributions from another
289	289	6 political party committee established by a legislative caucus.
290	290	7 (c-5) During the period beginning on the date candidates
291	291	8 may begin circulating petitions for a primary election and
292	292	9 ending on the day of the primary election, a political party
293	293	10 committee may not accept contributions with an aggregate value
294	294	11 over $50,000 from a candidate political committee or political
295	295	12 party committee. A political party committee may accept
296	296	13 contributions in any amount from a candidate political
297	297	14 committee or political party committee if the political party
298	298	15 committee receiving the contribution filed a statement of
299	299	16 nonparticipation in the primary as provided in subsection
300	300	17 (c-10). The Task Force on Campaign Finance Reform shall study
301	301	18 and make recommendations on the provisions of this subsection
302	302	19 to the Governor and General Assembly by September 30, 2012.
303	303	20 This subsection becomes inoperative on July 1, 2013 and
304	304	21 thereafter no longer applies.
305	305	22 (c-10) A political party committee that does not intend to
306	306	23 make contributions to candidates to be nominated at a general
307	307	24 primary election or consolidated primary election may file a
308	308	25 Statement of Nonparticipation in a Primary Election with the
309	309	26 Board. The Statement of Nonparticipation shall include a
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320	320	1 verification signed by the chairperson and treasurer of the
321	321	2 committee that (i) the committee will not make contributions
322	322	3 or coordinated expenditures in support of or opposition to a
323	323	4 candidate or candidates to be nominated at the general primary
324	324	5 election or consolidated primary election (select one) to be
325	325	6 held on (insert date), (ii) the political party committee may
326	326	7 accept unlimited contributions from candidate political
327	327	8 committees and political party committees, provided that the
328	328	9 political party committee does not make contributions to a
329	329	10 candidate or candidates to be nominated at the primary
330	330	11 election, and (iii) failure to abide by these requirements
331	331	12 shall deem the political party committee in violation of this
332	332	13 Article and subject the committee to a fine of no more than
333	333	14 150% of the total contributions or coordinated expenditures
334	334	15 made by the committee in violation of this Article. This
335	335	16 subsection becomes inoperative on July 1, 2013 and thereafter
336	336	17 no longer applies.
337	337	18 (d) During an election cycle, a political action committee
338	338	19 may not accept contributions with an aggregate value over the
339	339	20 following: (i) $10,000 from any individual, (ii) $20,000 from
340	340	21 any corporation, labor organization, political party
341	341	22 committee, or association, or (iii) $50,000 from a political
342	342	23 action committee or candidate political committee. A political
343	343	24 action committee may not accept contributions from a ballot
344	344	25 initiative committee or from an independent expenditure
345	345	26 committee.
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356	356	1 (e) A ballot initiative committee may accept contributions
357	357	2 in any amount from any source, provided that the committee
358	358	3 files the document required by Section 9-3 of this Article and
359	359	4 files the disclosure reports required by the provisions of
360	360	5 this Article.
361	361	6 (e-5) An independent expenditure committee may accept
362	362	7 contributions in any amount from any source, provided that the
363	363	8 committee files the document required by Section 9-3 of this
364	364	9 Article and files the disclosure reports required by the
365	365	10 provisions of this Article.
366	366	11 (e-10) A limited activity committee shall not accept
367	367	12 contributions, except that the officer or a candidate the
368	368	13 committee has designated to support may contribute personal
369	369	14 funds in order to pay for maintenance expenses. A limited
370	370	15 activity committee may only make expenditures that are: (i)
371	371	16 necessary for maintenance of the committee; (ii) for rent or
372	372	17 lease payments until the end of the lease in effect at the time
373	373	18 the officer or candidate is confirmed by the Senate; (iii)
374	374	19 contributions to 501(c)(3) charities; or (iv) returning
375	375	20 contributions to original contributors.
376	376	21 (f) Nothing in this Section shall prohibit a political
377	377	22 committee from dividing the proceeds of joint fundraising
378	378	23 efforts; provided that no political committee may receive more
379	379	24 than the limit from any one contributor, and provided that an
380	380	25 independent expenditure committee may not conduct joint
381	381	26 fundraising efforts with a candidate political committee or a
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392	392	1 political party committee.
393	393	2 (g) On January 1 of each odd-numbered year, the State
394	394	3 Board of Elections shall adjust the amounts of the
395	395	4 contribution limitations established in this Section for
396	396	5 inflation as determined by the Consumer Price Index for All
397	397	6 Urban Consumers as issued by the United States Department of
398	398	7 Labor and rounded to the nearest $100. The State Board shall
399	399	8 publish this information on its official website.
400	400	9 (h) Self-funding candidates. If a public official, a
401	401	10 candidate, or the public official's or candidate's immediate
402	402	11 family contributes or loans to the public official's or
403	403	12 candidate's political committee or to other political
404	404	13 committees that transfer funds to the public official's or
405	405	14 candidate's political committee or makes independent
406	406	15 expenditures for the benefit of the public official's or
407	407	16 candidate's campaign during the 12 months prior to an election
408	408	17 in an aggregate amount of more than (i) $250,000 for statewide
409	409	18 office or (ii) $100,000 for all other elective offices, then
410	410	19 the public official or candidate shall file with the State
411	411	20 Board of Elections, within one day, a Notification of
412	412	21 Self-funding that shall detail each contribution or loan made
413	413	22 by the public official, the candidate, or the public
414	414	23 official's or candidate's immediate family. Within 2 business
415	415	24 days after the filing of a Notification of Self-funding, the
416	416	25 notification shall be posted on the Board's website and the
417	417	26 Board shall give official notice of the filing to each
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428	428	1 candidate for the same office as the public official or
429	429	2 candidate making the filing, including the public official or
430	430	3 candidate filing the Notification of Self-funding. Notice
431	431	4 shall be sent via first class mail to the candidate and the
432	432	5 treasurer of the candidate's committee. Notice shall also be
433	433	6 sent by e-mail to the candidate and the treasurer of the
434	434	7 candidate's committee if the candidate and the treasurer, as
435	435	8 applicable, have provided the Board with an e-mail address.
436	436	9 Upon posting of the notice on the Board's website, all
437	437	10 candidates for that office, including the public official or
438	438	11 candidate who filed a Notification of Self-funding, shall be
439	439	12 permitted to accept contributions in excess of any
440	440	13 contribution limits imposed by subsection (b). If a public
441	441	14 official or candidate filed a Notification of Self-funding
442	442	15 during an election cycle that includes a general primary
443	443	16 election or consolidated primary election and that public
444	444	17 official or candidate is nominated, all candidates for that
445	445	18 office, including the nominee who filed the notification of
446	446	19 self-funding, shall be permitted to accept contributions in
447	447	20 excess of any contribution limit imposed by subsection (b) for
448	448	21 the subsequent election cycle. For the purposes of this
449	449	22 subsection, "immediate family" means the spouse, parent, or
450	450	23 child of a public official or candidate.
451	451	24 (h-5) If a natural person or independent expenditure
452	452	25 committee makes independent expenditures in support of or in
453	453	26 opposition to the campaign of a particular public official or
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464	464	1 candidate in an aggregate amount of more than (i) $250,000 for
465	465	2 statewide office or (ii) $100,000 for all other elective
466	466	3 offices in an election cycle, as reported in a written
467	467	4 disclosure filed under subsection (a) of Section 9-8.6 or
468	468	5 subsection (e-5) of Section 9-10, then the State Board of
469	469	6 Elections shall, within 2 business days after the filing of
470	470	7 the disclosure, post the disclosure on the Board's website and
471	471	8 give official notice of the disclosure to each candidate for
472	472	9 the same office as the public official or candidate for whose
473	473	10 benefit or detriment the natural person or independent
474	474	11 expenditure committee made independent expenditures. Upon
475	475	12 posting of the notice on the Board's website, all candidates
476	476	13 for that office in that election, including the public
477	477	14 official or candidate for whose benefit or detriment the
478	478	15 natural person or independent expenditure committee made
479	479	16 independent expenditures, shall be permitted to accept
480	480	17 contributions in excess of any contribution limits imposed by
481	481	18 subsection (b).
482	482	19 (h-10) If the State Board of Elections receives
483	483	20 notification or determines that a natural person or persons,
484	484	21 an independent expenditure committee or committees, or
485	485	22 combination thereof has made independent expenditures in
486	486	23 support of or in opposition to the campaign of a particular
487	487	24 public official or candidate in an aggregate amount of more
488	488	25 than (i) $250,000 for statewide office or (ii) $100,000 for
489	489	26 all other elective offices in an election cycle, then the
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500	500	1 Board shall, within 2 business days after discovering the
501	501	2 independent expenditures that, in the aggregate, exceed the
502	502	3 threshold set forth in (i) and (ii) of this subsection, post
503	503	4 notice of this fact on the Board's website and give official
504	504	5 notice to each candidate for the same office as the public
505	505	6 official or candidate for whose benefit or detriment the
506	506	7 independent expenditures were made. Notice shall be sent via
507	507	8 first class mail to the candidate and the treasurer of the
508	508	9 candidate's committee. Notice shall also be sent by e-mail to
509	509	10 the candidate and the treasurer of the candidate's committee
510	510	11 if the candidate and the treasurer, as applicable, have
511	511	12 provided the Board with an e-mail address. Upon posting of the
512	512	13 notice on the Board's website, all candidates of that office
513	513	14 in that election, including the public official or candidate
514	514	15 for whose benefit or detriment the independent expenditures
515	515	16 were made, may accept contributions in excess of any
516	516	17 contribution limits imposed by subsection (b).
517	517	18 (i) For the purposes of this Section, a corporation, labor
518	518	19 organization, association, or a political action committee
519	519	20 established by a corporation, labor organization, or
520	520	21 association may act as a conduit in facilitating the delivery
521	521	22 to a political action committee of contributions made through
522	522	23 dues, levies, or similar assessments and the political action
523	523	24 committee may report the contributions in the aggregate,
524	524	25 provided that: (i) contributions made through dues, levies, or
525	525	26 similar assessments paid by any natural person, corporation,
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536	536	1 labor organization, or association in a calendar year may not
537	537	2 exceed the limits set forth in this Section; (ii) the
538	538	3 corporation, labor organization, association, or a political
539	539	4 action committee established by a corporation, labor
540	540	5 organization, or association facilitating the delivery of
541	541	6 contributions maintains a list of natural persons,
542	542	7 corporations, labor organizations, and associations that paid
543	543	8 the dues, levies, or similar assessments from which the
544	544	9 contributions comprising the aggregate amount derive; and
545	545	10 (iii) contributions made through dues, levies, or similar
546	546	11 assessments paid by any natural person, corporation, labor
547	547	12 organization, or association that exceed $1,000 in a quarterly
548	548	13 reporting period shall be itemized on the committee's
549	549	14 quarterly report and may not be reported in the aggregate. A
550	550	15 political action committee facilitating the delivery of
551	551	16 contributions or receiving contributions shall disclose the
552	552	17 amount of contributions made through dues delivered or
553	553	18 received and the name of the corporation, labor organization,
554	554	19 association, or political action committee delivering the
555	555	20 contributions, if applicable. On January 1 of each
556	556	21 odd-numbered year, the State Board of Elections shall adjust
557	557	22 the amounts of the contribution limitations established in
558	558	23 this subsection for inflation as determined by the Consumer
559	559	24 Price Index for All Urban Consumers as issued by the United
560	560	25 States Department of Labor and rounded to the nearest $100.
561	561	26 The State Board shall publish this information on its official
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