Illinois 2025-2026 Regular Session

Illinois House Bill HB3698 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3698 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-1 from Ch. 46, par. 9-110 ILCS 5/9-1.4 from Ch. 46, par. 9-1.410 ILCS 5/9-1.5 from Ch. 46, par. 9-1.510 ILCS 5/9-1.8 from Ch. 46, par. 9-1.810 ILCS 5/9-1.1410 ILCS 5/9-1.1510 ILCS 5/9-1.16 new10 ILCS 5/9-1.17 new10 ILCS 5/9-3 from Ch. 46, par. 9-310 ILCS 5/9-28.510 ILCS 5/9-8.6 rep. Amends the Election Code. Sets forth provisions concerning independent expenditures; election spending; and coordinated expenditures. Replaces references to "electioneering communication" with "election spending". Defines terms. Makes other changes. LRB104 09370 SPS 19429 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3698 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-1 from Ch. 46, par. 9-110 ILCS 5/9-1.4 from Ch. 46, par. 9-1.410 ILCS 5/9-1.5 from Ch. 46, par. 9-1.510 ILCS 5/9-1.8 from Ch. 46, par. 9-1.810 ILCS 5/9-1.1410 ILCS 5/9-1.1510 ILCS 5/9-1.16 new10 ILCS 5/9-1.17 new10 ILCS 5/9-3 from Ch. 46, par. 9-310 ILCS 5/9-28.510 ILCS 5/9-8.6 rep. 10 ILCS 5/9-1 from Ch. 46, par. 9-1 10 ILCS 5/9-1.4 from Ch. 46, par. 9-1.4 10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5 10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8 10 ILCS 5/9-1.14 10 ILCS 5/9-1.15 10 ILCS 5/9-1.16 new 10 ILCS 5/9-1.17 new 10 ILCS 5/9-3 from Ch. 46, par. 9-3 10 ILCS 5/9-28.5 10 ILCS 5/9-8.6 rep. Amends the Election Code. Sets forth provisions concerning independent expenditures; election spending; and coordinated expenditures. Replaces references to "electioneering communication" with "election spending". Defines terms. Makes other changes. LRB104 09370 SPS 19429 b LRB104 09370 SPS 19429 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3698 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/9-1 from Ch. 46, par. 9-110 ILCS 5/9-1.4 from Ch. 46, par. 9-1.410 ILCS 5/9-1.5 from Ch. 46, par. 9-1.510 ILCS 5/9-1.8 from Ch. 46, par. 9-1.810 ILCS 5/9-1.1410 ILCS 5/9-1.1510 ILCS 5/9-1.16 new10 ILCS 5/9-1.17 new10 ILCS 5/9-3 from Ch. 46, par. 9-310 ILCS 5/9-28.510 ILCS 5/9-8.6 rep. 10 ILCS 5/9-1 from Ch. 46, par. 9-1 10 ILCS 5/9-1.4 from Ch. 46, par. 9-1.4 10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5 10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8 10 ILCS 5/9-1.14 10 ILCS 5/9-1.15 10 ILCS 5/9-1.16 new 10 ILCS 5/9-1.17 new 10 ILCS 5/9-3 from Ch. 46, par. 9-3 10 ILCS 5/9-28.5 10 ILCS 5/9-8.6 rep.
4	4	10 ILCS 5/9-1 from Ch. 46, par. 9-1
5	5	10 ILCS 5/9-1.4 from Ch. 46, par. 9-1.4
6	6	10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
7	7	10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8
8	8	10 ILCS 5/9-1.14
9	9	10 ILCS 5/9-1.15
10	10	10 ILCS 5/9-1.16 new
11	11	10 ILCS 5/9-1.17 new
12	12	10 ILCS 5/9-3 from Ch. 46, par. 9-3
13	13	10 ILCS 5/9-28.5
14	14	10 ILCS 5/9-8.6 rep.
15	15	Amends the Election Code. Sets forth provisions concerning independent expenditures; election spending; and coordinated expenditures. Replaces references to "electioneering communication" with "election spending". Defines terms. Makes other changes.
16	16	LRB104 09370 SPS 19429 b LRB104 09370 SPS 19429 b
17	17	LRB104 09370 SPS 19429 b
18	18	A BILL FOR
19	19	HB3698LRB104 09370 SPS 19429 b HB3698 LRB104 09370 SPS 19429 b
20	20	HB3698 LRB104 09370 SPS 19429 b
21	21	1 AN ACT concerning elections.
22	22	2 Be it enacted by the People of the State of Illinois,
23	23	3 represented in the General Assembly:
24	24	4 Section 5. The Election Code is amended by changing
25	25	5 Sections 9-1, 9-1.4, 9-1.5, 9-1.8, 9-1.14, 9-1.15, 9-3, 9-8.6,
26	26	6 and 9-28.5 and by adding Sections 9-1.16 and 9-1.17 as
27	27	7 follows:
28	28	8 (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
29	29	9 Sec. 9-1. As used in this Article, unless the context
30	30	10 otherwise requires, the terms defined in Sections 9-1.1
31	31	11 through 9-1.17 9-1.13, have the respective meanings as defined
32	32	12 in those Sections.
33	33	13 (Source: P.A. 86-873.)
34	34	14 (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
35	35	15 Sec. 9-1.4. Contribution.
36	36	16 (A) "Contribution" means:
37	37	17 (1) a gift, subscription, donation, dues, loan, advance,
38	38	18 deposit of money, or anything of value, knowingly received in
39	39	19 connection with the nomination for election, election, or
40	40	20 retention of any candidate or person to or in public office or
41	41	21 in connection with any question of public policy;
42	42	22 (1.5) a gift, subscription, donation, dues, loan, advance,
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46	46	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3698 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
47	47	10 ILCS 5/9-1 from Ch. 46, par. 9-110 ILCS 5/9-1.4 from Ch. 46, par. 9-1.410 ILCS 5/9-1.5 from Ch. 46, par. 9-1.510 ILCS 5/9-1.8 from Ch. 46, par. 9-1.810 ILCS 5/9-1.1410 ILCS 5/9-1.1510 ILCS 5/9-1.16 new10 ILCS 5/9-1.17 new10 ILCS 5/9-3 from Ch. 46, par. 9-310 ILCS 5/9-28.510 ILCS 5/9-8.6 rep. 10 ILCS 5/9-1 from Ch. 46, par. 9-1 10 ILCS 5/9-1.4 from Ch. 46, par. 9-1.4 10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5 10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8 10 ILCS 5/9-1.14 10 ILCS 5/9-1.15 10 ILCS 5/9-1.16 new 10 ILCS 5/9-1.17 new 10 ILCS 5/9-3 from Ch. 46, par. 9-3 10 ILCS 5/9-28.5 10 ILCS 5/9-8.6 rep.
48	48	10 ILCS 5/9-1 from Ch. 46, par. 9-1
49	49	10 ILCS 5/9-1.4 from Ch. 46, par. 9-1.4
50	50	10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
51	51	10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8
52	52	10 ILCS 5/9-1.14
53	53	10 ILCS 5/9-1.15
54	54	10 ILCS 5/9-1.16 new
55	55	10 ILCS 5/9-1.17 new
56	56	10 ILCS 5/9-3 from Ch. 46, par. 9-3
57	57	10 ILCS 5/9-28.5
58	58	10 ILCS 5/9-8.6 rep.
59	59	Amends the Election Code. Sets forth provisions concerning independent expenditures; election spending; and coordinated expenditures. Replaces references to "electioneering communication" with "election spending". Defines terms. Makes other changes.
60	60	LRB104 09370 SPS 19429 b LRB104 09370 SPS 19429 b
61	61	LRB104 09370 SPS 19429 b
62	62	A BILL FOR
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68	68	10 ILCS 5/9-1 from Ch. 46, par. 9-1
69	69	10 ILCS 5/9-1.4 from Ch. 46, par. 9-1.4
70	70	10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
71	71	10 ILCS 5/9-1.8 from Ch. 46, par. 9-1.8
72	72	10 ILCS 5/9-1.14
73	73	10 ILCS 5/9-1.15
74	74	10 ILCS 5/9-1.16 new
75	75	10 ILCS 5/9-1.17 new
76	76	10 ILCS 5/9-3 from Ch. 46, par. 9-3
77	77	10 ILCS 5/9-28.5
78	78	10 ILCS 5/9-8.6 rep.
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97	97	1 deposit of money, or anything of value that constitutes
98	98	2 election spending an electioneering communication made in
99	99	3 concert or cooperation with or at the request, suggestion, or
100	100	4 knowledge of a candidate, a political committee, or any of
101	101	5 their agents;
102	102	6 (2) the purchase of tickets for fund-raising events,
103	103	7 including but not limited to dinners, luncheons, cocktail
104	104	8 parties, and rallies made in connection with the nomination
105	105	9 for election, election, or retention of any person in or to
106	106	10 public office, or in connection with any question of public
107	107	11 policy;
108	108	12 (3) a transfer of funds received by a political committee
109	109	13 from another political committee;
110	110	14 (4) the services of an employee donated by an employer, in
111	111	15 which case the contribution shall be listed in the name of the
112	112	16 employer, except that any individual services provided
113	113	17 voluntarily and without promise or expectation of compensation
114	114	18 from any source shall not be deemed a contribution; and
115	115	19 (5) an expenditure by a political committee made in
116	116	20 cooperation, consultation, or concert with another political
117	117	21 committee.
118	118	22 (A-5) "In-kind contribution" means anything of value,
119	119	23 other than a direct contribution of funds, knowingly received
120	120	24 in connection with the nomination for election, election, or
121	121	25 retention of any candidate or person to or in public office or
122	122	26 in connection with any question of public policy, including:
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133	133	1 (1) goods or services provided free of charge or at
134	134	2 less than their market value; and
135	135	3 (2) anything of value that constitutes election
136	136	4 spending made in concert or cooperation with or at the
137	137	5 request, suggestion, or knowledge of a candidate, a
138	138	6 political committee, or any of their agents.
139	139	7 (B) "Contribution" does not include:
140	140	8 (a) the use of real or personal property and the
141	141	9 cost of invitations, food, and beverages, voluntarily
142	142	10 provided by an individual in rendering voluntary
143	143	11 personal services on the individual's residential
144	144	12 premises for candidate-related activities; provided
145	145	13 the value of the service provided does not exceed an
146	146	14 aggregate of $150 in a reporting period;
147	147	15 (b) the sale of any food or beverage by a vendor
148	148	16 for use in a candidate's campaign at a charge less than
149	149	17 the normal comparable charge, if such charge for use
150	150	18 in a candidate's campaign is at least equal to the cost
151	151	19 of such food or beverage to the vendor;
152	152	20 (c) communications by a corporation to its
153	153	21 stockholders and executive or administrative personnel
154	154	22 or their families;
155	155	23 (d) communications by an association to its
156	156	24 members and executive or administrative personnel or
157	157	25 their families;
158	158	26 (e) voter registration or other campaigns
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169	169	1 encouraging voting that make no mention of any clearly
170	170	2 identified candidate, public question, political
171	171	3 party, group, or combination thereof;
172	172	4 (f) a loan of money by a national or State bank or
173	173	5 credit union made in accordance with the applicable
174	174	6 banking laws and regulations and in the ordinary
175	175	7 course of business, but the loan shall be listed on
176	176	8 disclosure reports required by this Article; however,
177	177	9 the use, ownership, or control of any security for
178	178	10 such a loan, if provided by a person other than the
179	179	11 candidate or his or her committee, qualifies as a
180	180	12 contribution; or
181	181	13 (g) an independent expenditure.
182	182	14 (C) Interest or other investment income, earnings or
183	183	15 proceeds, and refunds or returns of all or part of a
184	184	16 committee's previous expenditures shall not be considered
185	185	17 contributions but shall be listed on disclosure reports
186	186	18 required by this Article.
187	187	19 (Source: P.A. 96-832, eff. 1-1-11.)
188	188	20 (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
189	189	21 Sec. 9-1.5. Expenditure.
190	190	22 (A) "Expenditure" means:
191	191	23 (1) a payment, distribution, purchase, loan, advance,
192	192	24 deposit, gift of money, or anything of value, in
193	193	25 connection with the nomination for election, election, or
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204	204	1 retention of any person to or in public office or in
205	205	2 connection with any question of public policy;
206	206	3 (2) a payment, distribution, purchase, loan, advance,
207	207	4 deposit, gift of money, or anything of value that
208	208	5 constitutes election spending an electioneering
209	209	6 communication made in concert or cooperation with or at
210	210	7 the request, suggestion, or knowledge of a candidate, a
211	211	8 political committee, or any of their agents; or
212	212	9 (3) a transfer of funds by a political committee to
213	213	10 another political committee.
214	214	11 (B) "Expenditure" does not include:
215	215	12 (a) the use of real or personal property and the cost
216	216	13 of invitations, food, and beverages, voluntarily provided
217	217	14 by an individual in rendering voluntary personal services
218	218	15 on the individual's residential premises for
219	219	16 candidate-related activities; provided the value of the
220	220	17 service provided does not exceed an aggregate of $150 in a
221	221	18 reporting period; or
222	222	19 (b) the sale of any food or beverage by a vendor for
223	223	20 use in a candidate's campaign at a charge less than the
224	224	21 normal comparable charge, if such charge for use in a
225	225	22 candidate's campaign is at least equal to the cost of such
226	226	23 food or beverage to the vendor.
227	227	24 (Source: P.A. 96-832, eff. 1-1-11.)
228	228	25 (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
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239	239	1 Sec. 9-1.8. Political committees.
240	240	2 (a) "Political committee" includes a candidate political
241	241	3 committee, a political party committee, a political action
242	242	4 committee, a ballot initiative committee, and an independent
243	243	5 expenditure committee.
244	244	6 (b) "Candidate political committee" means the candidate
245	245	7 himself or herself or any natural person, trust, partnership,
246	246	8 corporation, or other organization or group of persons
247	247	9 designated by the candidate that accepts contributions or
248	248	10 makes expenditures during any 12-month period in an aggregate
249	249	11 amount exceeding $5,000 on behalf of the candidate.
250	250	12 (c) "Political party committee" means the State central
251	251	13 committee of a political party, a county central committee of
252	252	14 a political party, a legislative caucus committee, or a
253	253	15 committee formed by a ward or township committeeperson of a
254	254	16 political party. For purposes of this Article, a "legislative
255	255	17 caucus committee" means a committee established for the
256	256	18 purpose of electing candidates to the General Assembly by the
257	257	19 person elected President of the Senate, Minority Leader of the
258	258	20 Senate, Speaker of the House of Representatives, Minority
259	259	21 Leader of the House of Representatives, or a committee
260	260	22 established by 5 or more members of the same caucus of the
261	261	23 Senate or 10 or more members of the same caucus of the House of
262	262	24 Representatives.
263	263	25 (d) "Political action committee" means any natural person,
264	264	26 trust, partnership, committee, association, corporation, or
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275	275	1 other organization or group of persons, other than a
276	276	2 candidate, political party, candidate political committee, or
277	277	3 political party committee, that accepts contributions or makes
278	278	4 expenditures during any 12-month period in an aggregate amount
279	279	5 exceeding $5,000 on behalf of or in opposition to a candidate
280	280	6 or candidates for public office and that influences the
281	281	7 nomination or election of a candidate or candidates as one of
282	282	8 its major purposes. "Political action committee" includes any
283	283	9 natural person, trust, partnership, committee, association,
284	284	10 corporation, or other organization or group of persons, other
285	285	11 than a candidate, political party, candidate political
286	286	12 committee, or political party committee, that engages in
287	287	13 election spending makes electioneering communications during
288	288	14 any 12-month period in an aggregate amount exceeding $5,000
289	289	15 related to any candidate or candidates for public office and
290	290	16 that influences the nomination or election of a candidate or
291	291	17 candidates as one of its major purposes.
292	292	18 (e) "Ballot initiative committee" means any natural
293	293	19 person, trust, partnership, committee, association,
294	294	20 corporation, or other organization or group of persons that
295	295	21 accepts contributions or makes expenditures during any
296	296	22 12-month period in an aggregate amount exceeding $5,000 in
297	297	23 support of or in opposition to any question of public policy to
298	298	24 be submitted to the electors and that influences the
299	299	25 initiation or approval of a question of public policy to be
300	300	26 submitted to the electors as one of its major purposes.
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311	311	1 "Ballot initiative committee" includes any natural person,
312	312	2 trust, partnership, committee, association, corporation, or
313	313	3 other organization or group of persons that engages in
314	314	4 election spending makes electioneering communications during
315	315	5 any 12-month period in an aggregate amount exceeding $5,000
316	316	6 related to any question of public policy to be submitted to the
317	317	7 voters and that influences the initiation or approval of a
318	318	8 question of public policy to be submitted to the electors as
319	319	9 one of its major purposes. The $5,000 threshold applies to any
320	320	10 contributions or expenditures received or made with the
321	321	11 purpose of securing a place on the ballot for, advocating the
322	322	12 defeat or passage of, or engaging in election spending
323	323	13 electioneering communication regarding the question of public
324	324	14 policy, regardless of the method of initiation of the question
325	325	15 of public policy and regardless of whether petitions have been
326	326	16 circulated or filed with the appropriate office or whether the
327	327	17 question has been adopted and certified by the governing body.
328	328	18 (f) "Independent expenditure committee" means any trust,
329	329	19 partnership, committee, association, corporation, or other
330	330	20 organization or group of persons that:
331	331	21 (1) makes independent expenditures during any 12-month
332	332	22 period in an aggregate amount exceeding $5,000;
333	333	23 (2) has as one of its major purposes influencing the
334	334	24 nomination or election of a candidate or candidates; and
335	335	25 (3) does not do any of the following:
336	336	26 (i) make contributions to any political committee
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347	347	1 other than a ballot initiative committee or another
348	348	2 independent expenditure committee;
349	349	3 (ii) coordinate fundraising with any candidate or
350	350	4 another political committee, other than a ballot
351	351	5 initiative committee or another independent
352	352	6 expenditure committee;
353	353	7 (iii) coordinate fundraising or spending with any
354	354	8 group established, financed, maintained, or controlled
355	355	9 by a candidate or another political committee, other
356	356	10 than a ballot initiative committee or another
357	357	11 independent expenditure committee; or
358	358	12 (iv) employ the services of a person that during
359	359	13 the previous 2 years had provided campaign services
360	360	14 for a public official or candidate whom the trust,
361	361	15 partnership, committee, association, corporation, or
362	362	16 other organization or group supports, unless the
363	363	17 person establishes an effective firewall as described
364	364	18 in subsection (f) of Section 9-1.17.
365	365	19 In this subsection (f), "coordinate" means to make in
366	366	20 cooperation, consultation, or concert with, or at the request
367	367	21 or suggestion of, a candidate, a candidate's committee, or a
368	368	22 political party committee.
369	369	23 formed for the exclusive purpose of making independent
370	370	24 expenditures during any 12-month period in an aggregate amount
371	371	25 exceeding $5,000 in support of or in opposition to (i) the
372	372	26 nomination for election, election, retention, or defeat of any
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383	383	1 public official or candidate or (ii) any question of public
384	384	2 policy to be submitted to the electors. "Independent
385	385	3 expenditure committee" also includes any trust, partnership,
386	386	4 committee, association, corporation, or other organization or
387	387	5 group of persons that makes electioneering communications that
388	388	6 are not made in connection, consultation, or concert with or
389	389	7 at the request or suggestion of a public official or
390	390	8 candidate, a public official's or candidate's designated
391	391	9 political committee or campaign, or an agent or agents of the
392	392	10 public official, candidate, or political committee or campaign
393	393	11 during any 12-month period in an aggregate amount exceeding
394	394	12 $5,000 related to (i) the nomination for election, election,
395	395	13 retention, or defeat of any public official or candidate or
396	396	14 (ii) any question of public policy to be submitted to the
397	397	15 voters.
398	398	16 (g) "Limited activity committee" means a political
399	399	17 committee for which a person who is nominated to a position
400	400	18 that is subject to confirmation by the Senate, including a
401	401	19 member of the State Board of Elections, is either an officer or
402	402	20 a candidate the committee has designated to support.
403	403	21 (Source: P.A. 102-664, eff. 1-1-22.)
404	404	22 (10 ILCS 5/9-1.14)
405	405	23 Sec. 9-1.14. Electioneering communication and public
406	406	24 communication.
407	407	25 (a) "Electioneering communication" means, for the purposes
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418	418	1 of this Article, any broadcast, cable, or satellite
419	419	2 communication, including radio, television, or Internet
420	420	3 communication, that (1) refers to (i) a clearly identified
421	421	4 candidate or candidates who will appear on the ballot for
422	422	5 nomination for election, election, or retention, (ii) a
423	423	6 clearly identified political party, or (iii) a clearly
424	424	7 identified question of public policy that will appear on the
425	425	8 ballot, (2) is made within (i) 60 days before a general
426	426	9 election or consolidated election or (ii) 30 days before a
427	427	10 primary election, (3) is targeted to the relevant electorate,
428	428	11 and (4) is susceptible to no reasonable interpretation other
429	429	12 than as an appeal to vote for or against a clearly identified
430	430	13 candidate for nomination for election, election, or retention,
431	431	14 a political party, or a question of public policy.
432	432	15 (b) "Electioneering communication" does not include:
433	433	16 (1) A communication, other than an advertisement,
434	434	17 appearing in a news story, commentary, or editorial
435	435	18 distributed through the facilities of any legitimate news
436	436	19 organization, unless the facilities are owned or
437	437	20 controlled by any political party, political committee, or
438	438	21 candidate.
439	439	22 (2) A communication made solely to promote a
440	440	23 nonpartisan candidate debate or forum that is made by or
441	441	24 on behalf of the person sponsoring the debate or forum.
442	442	25 (3) A communication made as part of a nonpartisan
443	443	26 non-partisan activity designed to encourage individuals to
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454	454	1 vote or to register to vote.
455	455	2 (4) A communication by an organization operating and
456	456	3 remaining in good standing under Section 501(c)(3) of the
457	457	4 Internal Revenue Code of 1986.
458	458	5 (5) A communication exclusively between a labor
459	459	6 organization, as defined under federal or State law, and
460	460	7 its members.
461	461	8 (6) A communication exclusively between an
462	462	9 organization formed under Section 501(c)(6) of the
463	463	10 Internal Revenue Code and its members.
464	464	11 (c) "Public communication" means, for the purposes of
465	465	12 this Article, any broadcast, cable, satellite, radio,
466	466	13 television, print, or Internet communication, or any other
467	467	14 form of general public political advertising or marketing
468	468	15 regardless of medium, including but not limited to:
469	469	16 (1) advertising placed for a fee in a print
470	470	17 publication or on a website, or other digital medium;
471	471	18 (2) outdoor advertising, such as billboards; or
472	472	19 (3) mass mailing, phone banking, or text banking
473	473	20 delivering an identical or substantially similar message
474	474	21 intended to contact 500 or more persons within a 30-day
475	475	22 period.
476	476	23 (Source: P.A. 96-832, eff. 7-1-10.)
477	477	24 (10 ILCS 5/9-1.15)
478	478	25 Sec. 9-1.15. Independent expenditure.
479	479
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489	489	1 (a) "Independent expenditure" means any payment, gift,
490	490	2 donation, or expenditure of funds that:
491	491	3 (1) is made for election spending as defined in
492	492	4 Section 9-1.16; and
493	493	5 (2) is not made in connection, consultation, or
494	494	6 concert with or at the request or suggestion of a public
495	495	7 official or candidate, the public official or candidate's
496	496	8 political committee, or the agent or agents of the public
497	497	9 official, candidate, or political committee or campaign.
498	498	10 (b) An independent expenditure is not considered a
499	499	11 contribution to a political committee. An expenditure made by
500	500	12 a person or political committee in connection, consultation,
501	501	13 or concert with or at the request or suggestion of the public
502	502	14 official or candidate, the public official's or candidate's
503	503	15 political committee, or the agent or agents of the public
504	504	16 official, candidate, or political committee or campaign shall
505	505	17 be considered a contribution to the public official's or
506	506	18 candidate's political committee.
507	507	19 (c) A person that is not a political committee and that
508	508	20 makes an independent expenditure that, alone or in combination
509	509	21 with any other independent expenditure made by that person
510	510	22 during any 12-month period, equals an aggregate value of at
511	511	23 least $5,000 must file a written disclosure with the State
512	512	24 Board of Elections within 2 business days after making any
513	513	25 expenditure that results in the person meeting or exceeding
514	514	26 the $5,000 threshold. A person who has made a written
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525	525	1 disclosure with the State Board of Elections shall have a
526	526	2 continuing obligation to report further expenditures, in
527	527	3 $1,000 increments, to the State Board of Elections until the
528	528	4 conclusion of the next general election.
529	529	5 (d) A person that makes an independent expenditure
530	530	6 supporting or opposing a public official or candidate that,
531	531	7 alone or in combination with any other independent expenditure
532	532	8 made by that person supporting or opposing that public
533	533	9 official or candidate during the election cycle, equals an
534	534	10 aggregate value of more than (i) $250,000 for statewide office
535	535	11 or (ii) $100,000 for all other elective offices must file a
536	536	12 written disclosure with the State Board of Elections within 2
537	537	13 business days after making any expenditure that results in the
538	538	14 person exceeding the applicable threshold. Each disclosure
539	539	15 must identify the person, the public official or candidate
540	540	16 supported or opposed, the date, amount, and nature of each
541	541	17 independent expenditure, and the person's occupation and
542	542	18 employer, if applicable.
543	543	19 (e) Every political committee that makes independent
544	544	20 expenditures must report all such independent expenditures as
545	545	21 required under Section 9-10.
546	546	22 (f) If a political committee organized as an independent
547	547	23 expenditure committee makes a contribution to any other
548	548	24 political committee other than another independent expenditure
549	549	25 committee or a ballot initiative committee, the State Board of
550	550	26 Elections shall assess a fine equal to the amount of any
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561	561	1 contribution received in the preceding 2 years by the
562	562	2 independent expenditure committee that exceeded the limits for
563	563	3 a political action committee set forth in subsection (d) of
564	564	4 Section 9-8.5.
565	565	5 "Independent expenditure" means any payment, gift, donation,
566	566	6 or expenditure of funds (i) by a natural person or political
567	567	7 committee for the purpose of making electioneering
568	568	8 communications or of expressly advocating for or against the
569	569	9 nomination for election, election, retention, or defeat of a
570	570	10 clearly identifiable public official or candidate or for or
571	571	11 against any question of public policy to be submitted to the
572	572	12 voters and (ii) that is not made in connection, consultation,
573	573	13 or concert with or at the request or suggestion of the public
574	574	14 official or candidate, the public official's or candidate's
575	575	15 designated political committee or campaign, or the agent or
576	576	16 agents of the public official, candidate, or political
577	577	17 committee or campaign.
578	578	18 (Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
579	579	19 (10 ILCS 5/9-1.16 new)
580	580	20 Sec. 9-1.16. Election spending. As used in this Article,
581	581	21 "election spending" means any spending on:
582	582	22 (1) express advocacy for or against the nomination for
583	583	23 election, election, retention, or defeat of a clearly
584	584	24 identifiable public official or candidate or for or
585	585	25 against any question of public policy to be submitted to
586	586
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596	596	1 the voters;
597	597	2 (2) an electioneering communication;
598	598	3 (3) a public communication that promotes, attacks,
599	599	4 supports, or opposes a clearly identifiable public
600	600	5 official or candidate or any question of public policy to
601	601	6 be submitted to the voters;
602	602	7 (4) encouraging partisan voter activity, including
603	603	8 partisan voter registration, partisan get-out-the-vote
604	604	9 activity, or partisan generic campaign activity; or
605	605	10 (5) conducting research, design, production, polling,
606	606	11 data analytics, mailing or social media list acquisition,
607	607	12 or other activities conducted in preparation for or
608	608	13 conjunction with activities in paragraphs (1), (2), (3),
609	609	14 and (4).
610	610	15 (10 ILCS 5/9-1.17 new)
611	611	16 Sec. 9-1.17. Coordinated expenditures.
612	612	17 (a) As used in this Section, "coordinated expenditure"
613	613	18 means:
614	614	19 (1) the republication of a candidate's or political
615	615	20 party's campaign materials, unless such republication is
616	616	21 used to oppose the candidate or party that created the
617	617	22 materials; or
618	618	23 (2) an expenditure, regardless of whether it meets at
619	619	24 least one conduct standard, that is materially consistent
620	620	25 with instructions, directions, or suggestions from a
621	621
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631	631	1 candidate or political concerning the making of
632	632	2 expenditures, regardless of whether the instructions,
633	633	3 directions, or suggestions are publicly available, as
634	634	4 determined by the State Board of Elections using factors
635	635	5 that include, but are not limited to:
636	636	6 (i) noticeable placement of instructions,
637	637	7 directions or suggestions, such as on a discrete web
638	638	8 page or portion of a web page containing one or more
639	639	9 other factors identified in this paragraph;
640	640	10 (ii) whether the instructions, directions, or
641	641	11 suggestions include language indicating that
642	642	12 information should be communicated to others, such as
643	643	13 the phrase "voters need to know";
644	644	14 (iii) whether the instructions, directions, or
645	645	15 suggestions include targeted audience information,
646	646	16 such as specific demographics or the location of
647	647	17 intended or suggested recipients; and
648	648	18 (iv) whether the instructions, directions, or
649	649	19 suggestions include suggested methods of
650	650	20 communication, such as indicating that recipients need
651	651	21 to see, hear, or see on the go; or
652	652	22 (2) an expenditure that meets at least one conduct
653	653	23 standard and one content standard.
654	654	24 "Coordinated expenditure" does not include:
655	655	25 (1) a communication that appears in a news story,
656	656	26 commentary, or editorial; or
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667	667	1 (2) an expenditure for a nonpartisan candidate debate
668	668	2 or forum.
669	669	3 For purposes of defining coordinated expenditures:
670	670	4 (1) "candidate" includes any person who is a candidate
671	671	5 at the time of the expenditure, regardless of whether that
672	672	6 person was a candidate at the time the conduct
673	673	7 constituting coordination took place;
674	674	8 (2) an expenditure "not made totally independently"
675	675	9 includes any expenditure made pursuant to any expressed or
676	676	10 implied agreement with, or any general or particular
677	677	11 understanding with, or pursuant to any request by or
678	678	12 communication with, the candidate, committee, or political
679	679	13 party about the expenditure; and
680	680	14 (3) references to candidates or parties include
681	681	15 agents, executives, or managers who worked for such
682	682	16 persons during the 2 years preceding the expenditure.
683	683	17 (b) Conduct constitutes coordination between a spender and
684	684	18 the candidate or political party that benefits from the
685	685	19 expenditure whenever:
686	686	20 (1) an expenditure is not made totally independently
687	687	21 of a candidate or party;
688	688	22 (2) during the 2 years preceding the expenditure, the
689	689	23 candidate, including immediate family members, or party
690	690	24 directly or indirectly established, maintained,
691	691	25 controlled, or principally funded the spender;
692	692	26 (3) during the 2 years preceding the expenditure, a
693	693
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703	703	1 candidate or party official solicited funds for the
704	704	2 spender, provided fundraising information to the spender,
705	705	3 appeared as a speaker at a fundraiser for the spender, or
706	706	4 gave permission to be featured in the spender's
707	707	5 fundraising efforts;
708	708	6 (4) the expenditure is based on information about the
709	709	7 candidate's or party's campaign needs that the candidate
710	710	8 or party provided to the spender; or
711	711	9 (5) during the 2 years preceding the expenditure, the
712	712	10 spender employed the services of a person who, during the
713	713	11 same period, had executive or managerial authority for the
714	714	12 candidate or party, was authorized to raise or expend
715	715	13 funds for the candidate or party, or provided the
716	716	14 candidate or party with professional services other than
717	717	15 accounting or legal services related to campaign or
718	718	16 fundraising strategy.
719	719	17 (c) An expenditure, when coordinated, constitutes funds
720	720	18 spent for the purpose of influencing an election whenever:
721	721	19 (1) regarding a candidate or a candidate's political
722	722	20 committee, the expenditure is for:
723	723	21 (i) a public communication that expressly
724	724	22 advocates for or against the nomination or election of
725	725	23 a candidate; that supports a candidate's election or
726	726	24 opposes a candidate's opponent; or refers to a clearly
727	727	25 identified candidate at any time from 120 days before
728	728	26 a primary election, nominating caucus or convention,
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739	739	1 or retention election through the general election;
740	740	2 (ii) an expenditure for partisan voter activity,
741	741	3 including voter registration, get-out-the-vote
742	742	4 activity, phone banking, or generic campaign activity,
743	743	5 in the jurisdiction where the candidate is seeking
744	744	6 election; or
745	745	7 (iii) an expenditure for research, design or
746	746	8 production costs, polling expenses, data analytics,
747	747	9 creating or purchasing mailing or social media lists,
748	748	10 or other activities related to those defined in
749	749	11 subdivisions (i) or (ii).
750	750	12 (2) regarding a political party, the expenditure is
751	751	13 for:
752	752	14 (i) a public communication that expressly
753	753	15 advocates for the election of a candidate of the
754	754	16 political party or against a candidate of an opposing
755	755	17 political party; that supports a candidate of the
756	756	18 political party or opposes a candidate of an opposing
757	757	19 political party, including generically advocating for
758	758	20 the political party or against an opposing political
759	759	21 party; or refers to a clearly identified candidate or
760	760	22 political party at any time from 120 days before a
761	761	23 primary election, nominating caucus or convention, or
762	762	24 retention election through the general election;
763	763	25 (ii) an expenditure for partisan voter activity,
764	764	26 including voter registration, get-out-the-vote
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775	775	1 activity, phone banking, or generic campaign activity;
776	776	2 or
777	777	3 (iii) an expenditure for research, design or
778	778	4 production costs, polling expenses, data analytics,
779	779	5 creating or purchasing mailing or social media lists,
780	780	6 or other activities related to those defined in
781	781	7 subdivisions (i) or (ii).
782	782	8 (d) Notwithstanding paragraph (5) of subsection (b),
783	783	9 expenditures involving former employees or common agents of a
784	784	10 candidate or party will not be deemed coordinated if the
785	785	11 spender implements, or causes another person to implement, an
786	786	12 effective firewall. A person who relies upon a firewall bears
787	787	13 the burden of proof of showing that the firewall was
788	788	14 effective. A firewall must:
789	789	15 (1) separate staff who provide a service to the
790	790	16 spender in relation to its covered expenditures from other
791	791	17 staff who provide services to a candidate or party
792	792	18 supported by the spender's expenditures;
793	793	19 (2) forbid an organization's owners, executives,
794	794	20 managers, and supervisors from simultaneously overseeing
795	795	21 the work of staff separated by a firewall;
796	796	22 (3) prohibit the flow of strategic nonpublic
797	797	23 information between the spender and the candidate or party
798	798	24 supported by the covered expenditure and between specific
799	799	25 staff who are separated by the firewall;
800	800	26 (4) provide for physical and technological separation
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811	811	1 to ensure that strategic nonpublic information does not
812	812	2 flow between the spender and the candidate or party and
813	813	3 between the specific staff separated by the firewall; and
814	814	4 (5) be in written form and distributed to all relevant
815	815	5 employees and consultants before any relevant work is
816	816	6 performed regarding both the general firewall policy and
817	817	7 any specific firewall created pursuant to the general
818	818	8 firewall policy, and provided to the Board of Elections
819	819	9 upon request.
820	820	10 (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
821	821	11 Sec. 9-3. Political committee statement of organization.
822	822	12 (a) Every political committee shall file with the State
823	823	13 Board of Elections a statement of organization within 10
824	824	14 business days of the creation of such committee, except any
825	825	15 political committee created within the 30 days before an
826	826	16 election shall file a statement of organization within 2
827	827	17 business days in person, by facsimile transmission, or by
828	828	18 electronic mail. Any change in information previously
829	829	19 submitted in a statement of organization shall be reported, as
830	830	20 required for the original statement of organization by this
831	831	21 Section, within 10 days following that change. The Board shall
832	832	22 impose a civil penalty of $50 per business day upon political
833	833	23 committees for failing to file or late filing of a statement of
834	834	24 organization. Such penalties shall not exceed $5,000, and
835	835	25 shall not exceed $10,000 for statewide office political
836	836
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846	846	1 committees. There shall be no fine if the statement is mailed
847	847	2 and postmarked at least 72 hours prior to the filing deadline.
848	848	3 In addition to the civil penalties authorized by this
849	849	4 Section, the State Board of Elections or any other political
850	850	5 committee may apply to the circuit court for a temporary
851	851	6 restraining order or a preliminary or permanent injunction
852	852	7 against the political committee to cease the expenditure of
853	853	8 funds and to cease operations until the statement of
854	854	9 organization is filed.
855	855	10 For the purpose of this Section, "statewide office" means
856	856	11 the Governor, Lieutenant Governor, Secretary of State,
857	857	12 Attorney General, State Treasurer, and State Comptroller.
858	858	13 (b) The statement of organization shall include:
859	859	14 (1) the name and address of the political committee
860	860	15 and the designation required by Section 9-2;
861	861	16 (2) the scope, area of activity, party affiliation,
862	862	17 and purposes of the political committee;
863	863	18 (3) the name, address, and position of each custodian
864	864	19 of the committee's books and accounts;
865	865	20 (4) the name, address, and position of the committee's
866	866	21 principal officers, including the chairman, treasurer, and
867	867	22 officers and members of its finance committee, if any;
868	868	23 (5) (blank);
869	869	24 (6) a statement of what specific disposition of
870	870	25 residual fund will be made in the event of the dissolution
871	871	26 or termination of the committee;
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882	882	1 (7) a listing of all banks or other financial
883	883	2 institutions, safety deposit boxes, and any other
884	884	3 repositories or custodians of funds used by the committee;
885	885	4 and
886	886	5 (8) the amount of funds available for campaign
887	887	6 expenditures as of the filing date of the committee's
888	888	7 statement of organization.
889	889	8 (c) Each statement of organization required to be filed in
890	890	9 accordance with this Section shall be verified, dated, and
891	891	10 signed by either the treasurer of the political committee
892	892	11 making the statement or the candidate on whose behalf the
893	893	12 statement is made and shall contain substantially the
894	894	13 following verification:
895	895	14 "VERIFICATION:
896	896	15 I declare that this statement of organization (including
897	897	16 any accompanying schedules and statements) has been examined
898	898	17 by me and, to the best of my knowledge and belief, is a true,
899	899	18 correct, and complete statement of organization as required by
900	900	19 Article 9 of the Election Code. I understand that willfully
901	901	20 filing a false or incomplete statement is subject to a civil
902	902	21 penalty of at least $1,001 and up to $5,000.
903	903	22 ................ ..........................................
904	904	23 (date of filing) (signature of person making the statement)".
905	905	24 (d) The statement of organization for a ballot initiative
906	906	25 committee also shall include a verification signed by the
907	907	26 chairperson of the committee that (i) the committee is formed
908	908
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918	918	1 for the purpose of supporting or opposing a question of public
919	919	2 policy, (ii) all contributions received and expenditures made
920	920	3 by of the committee will be used for the purpose described in
921	921	4 the statement of organization, (iii) the committee may accept
922	922	5 unlimited contributions from any source, provided that the
923	923	6 ballot initiative committee does not make contributions or
924	924	7 expenditures in support of or opposition to a candidate or
925	925	8 candidates for nomination for election, election, or
926	926	9 retention, and (iv) failure to abide by these requirements
927	927	10 shall deem the committee in violation of this Article.
928	928	11 (d-5) The statement of organization for an independent
929	929	12 expenditure committee also shall include a verification signed
930	930	13 by the chairperson of the committee that (i) the committee is
931	931	14 formed for the exclusive purpose of making independent
932	932	15 expenditures, (ii) all contributions received and expenditures
933	933	16 made by of the committee will be used for the purpose described
934	934	17 in the statement of organization, (iii) the committee may
935	935	18 accept unlimited contributions from any source, provided that
936	936	19 the independent expenditure committee does not make
937	937	20 contributions to any candidate political committee, political
938	938	21 party committee, or political action committee, and (iv)
939	939	22 failure to abide by these requirements shall deem the
940	940	23 committee in violation of this Article.
941	941	24 (e) For purposes of implementing the changes made by this
942	942	25 amendatory Act of the 96th General Assembly, every political
943	943	26 committee in existence on the effective date of this
944	944
945	945
946	946
947	947
948	948
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950	950
951	951
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953	953	HB3698 - 26 - LRB104 09370 SPS 19429 b
954	954	1 amendatory Act of the 96th General Assembly shall file the
955	955	2 statement required by this Section with the Board by December
956	956	3 31, 2010.
957	957	4 (Source: P.A. 103-467, eff. 8-4-23.)
958	958	5 (10 ILCS 5/9-28.5)
959	959	6 Sec. 9-28.5. Injunctive relief for election spending
960	960	7 electioneering communications.
961	961	8 (a) Whenever the Attorney General, or a State's Attorney
962	962	9 with jurisdiction over any portion of the relevant electorate,
963	963	10 believes that any person, as defined in Section 9-1.6, is
964	964	11 conducting election spending making, producing, publishing,
965	965	12 republishing, or broadcasting an electioneering communication
966	966	13 paid for by any person, as defined in Section 9-1.6, who has
967	967	14 not first complied with the registration and disclosure
968	968	15 requirements of this Article, he or she may bring an action in
969	969	16 the name of the People of the State of Illinois or, in the case
970	970	17 of a State's Attorney, the People of the County, against such
971	971	18 person or persons to restrain by preliminary or permanent
972	972	19 injunction the conducting of election spending making,
973	973	20 producing, publishing, republishing, or broadcasting of such
974	974	21 electioneering communication until the registration and
975	975	22 disclosure requirements have been met.
976	976	23 (b) Any political committee that believes any person, as
977	977	24 defined in Section 9-1.6, is conducting election spending
978	978	25 making, producing, publishing, republishing, or broadcasting
979	979
980	980
981	981
982	982
983	983
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985	985
986	986
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988	988	HB3698 - 27 - LRB104 09370 SPS 19429 b
989	989	1 an electioneering communication paid for by any person, as
990	990	2 defined in Section 9-1.6, who has not first complied with the
991	991	3 registration and disclosure requirements of this Article may
992	992	4 bring an action in the circuit court against such person or
993	993	5 persons to restrain by preliminary or permanent injunction the
994	994	6 conducting of election spending making, producing, publishing,
995	995	7 republishing, or broadcasting of such electioneering
996	996	8 communication until the registration and disclosure
997	997	9 requirements have been met.
998	998	10 (c) Whenever the Attorney General, or a State's Attorney
999	999	11 with jurisdiction over any portion of the relevant electorate,
1000	1000	12 believes that any person, as defined in Section 9-1.6, is
1001	1001	13 engaging in independent expenditures, as defined in this
1002	1002	14 Article, who has not first complied with the registration and
1003	1003	15 disclosure requirements of this Article, he or she may bring
1004	1004	16 an action in the name of the People of the State of Illinois
1005	1005	17 or, in the case of a State's Attorney, the People of the
1006	1006	18 County, against such person or persons to restrain by
1007	1007	19 preliminary or permanent injunction the making of such
1008	1008	20 expenditures until the registration and disclosure
1009	1009	21 requirements have been met.
1010	1010	22 (d) Any political committee that believes any person, as
1011	1011	23 defined in Section 9-1.6, is engaging in independent
1012	1012	24 expenditures, as defined in this Article, who has not first
1013	1013	25 complied with the registration and disclosure requirements of
1014	1014	26 this Article may bring an action in the circuit court against
1015	1015
1016	1016
1017	1017
1018	1018
1019	1019
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1021	1021
1022	1022
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1024	1024	HB3698 - 28 - LRB104 09370 SPS 19429 b
1025	1025	1 such person or persons to restrain by preliminary or permanent
1026	1026	2 injunction the making of independent expenditures until the
1027	1027	3 registration and disclosure requirements have been met.
1028	1028	4 (Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
1029	1029
1030	1030
1031	1031
1032	1032
1033	1033
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