Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0172 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0172 Introduced 1/17/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-8.5 Amends the Election Code. Provides that a foreign national may not make, directly or indirectly, a contribution to a ballot initiative committee or an independent expenditure committee for the purpose of influencing any question of public policy to be submitted to the voters, and neither a ballot initiative committee nor an independent expenditure committee may knowingly solicit or accept a contribution from a foreign national for the purpose of influencing any question of public policy to be submitted to the voters. Provides that a foreign national may not make an independent expenditure for the purpose of influencing any question of public policy to be submitted to the voters. Effective immediately. LRB104 06587 SPS 16623 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0172 Introduced 1/17/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-8.5 10 ILCS 5/9-8.5 Amends the Election Code. Provides that a foreign national may not make, directly or indirectly, a contribution to a ballot initiative committee or an independent expenditure committee for the purpose of influencing any question of public policy to be submitted to the voters, and neither a ballot initiative committee nor an independent expenditure committee may knowingly solicit or accept a contribution from a foreign national for the purpose of influencing any question of public policy to be submitted to the voters. Provides that a foreign national may not make an independent expenditure for the purpose of influencing any question of public policy to be submitted to the voters. Effective immediately. LRB104 06587 SPS 16623 b LRB104 06587 SPS 16623 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0172 Introduced 1/17/2025, by Sen. Michael W. Halpin 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. Provides that a foreign national may not make, directly or indirectly, a contribution to a ballot initiative committee or an independent expenditure committee for the purpose of influencing any question of public policy to be submitted to the voters, and neither a ballot initiative committee nor an independent expenditure committee may knowingly solicit or accept a contribution from a foreign national for the purpose of influencing any question of public policy to be submitted to the voters. Provides that a foreign national may not make an independent expenditure for the purpose of influencing any question of public policy to be submitted to the voters. Effective immediately.
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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. A candidate political committee
2828 18 established to elect a candidate to the General Assembly may
2929 19 accept contributions from only one legislative caucus
3030 20 committee. A candidate political committee may not accept
3131 21 contributions from a ballot initiative committee or from an
3232 22 independent expenditure committee.
3333 23 (b-5) Judicial elections.
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0172 Introduced 1/17/2025, by Sen. Michael W. Halpin 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. Provides that a foreign national may not make, directly or indirectly, a contribution to a ballot initiative committee or an independent expenditure committee for the purpose of influencing any question of public policy to be submitted to the voters, and neither a ballot initiative committee nor an independent expenditure committee may knowingly solicit or accept a contribution from a foreign national for the purpose of influencing any question of public policy to be submitted to the voters. Provides that a foreign national may not make an independent expenditure for the purpose of influencing any question of public policy to be submitted to the voters. Effective immediately.
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6868 1 (1) In addition to any other provision of this
6969 2 Section, a candidate political committee established to
7070 3 support or oppose a candidate seeking nomination to the
7171 4 Supreme Court, Appellate Court, or Circuit Court may not:
7272 5 (A) accept contributions from any entity that does
7373 6 not disclose the identity of those who make
7474 7 contributions to the entity, except for contributions
7575 8 that are not required to be itemized by this Code; or
7676 9 (B) accept contributions from any out-of-state
7777 10 person, as defined in this Article.
7878 11 (1.1) In addition to any other provision of this
7979 12 Section, a political committee that is self-funding, as
8080 13 described in subsection (h) of this Section, and is
8181 14 established to support or oppose a candidate seeking
8282 15 nomination, election, or retention to the Supreme Court,
8383 16 the Appellate Court, or the Circuit Court may not accept
8484 17 contributions from any single person, other than the
8585 18 judicial candidate or the candidate's immediate family, in
8686 19 a cumulative amount that exceeds $500,000 in any election
8787 20 cycle. Any contribution in excess of the limits in this
8888 21 paragraph (1.1) shall escheat to the State of Illinois.
8989 22 Any political committee that receives such a contribution
9090 23 shall immediately forward the amount that exceeds $500,000
9191 24 to the State Treasurer who shall deposit the funds into
9292 25 the State Treasury.
9393 26 (1.2) In addition to any other provision of this
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104104 1 Section, an independent expenditure committee established
105105 2 to support or oppose a candidate seeking nomination,
106106 3 election, or retention to the Supreme Court, the Appellate
107107 4 Court, or the Circuit Court may not accept contributions
108108 5 from any single person in a cumulative amount that exceeds
109109 6 $500,000 in any election cycle. Any contribution in excess
110110 7 of the limits in this paragraph (1.2) shall escheat to the
111111 8 State of Illinois. Any independent expenditure committee
112112 9 that receives such a contribution shall immediately
113113 10 forward the amount that exceeds $500,000 to the State
114114 11 Treasurer who shall deposit the funds into the State
115115 12 Treasury.
116116 13 (1.3) In addition to any other provision of this
117117 14 Section, if a political committee established to support
118118 15 or oppose a candidate seeking nomination, election, or
119119 16 retention to the Supreme Court, the Appellate Court, or
120120 17 the Circuit Court receives a contribution in excess of
121121 18 $500 from: (i) any committee that is not required to
122122 19 disclose its contributors under this Act; (ii) any
123123 20 association that is not required to disclose its
124124 21 contributors under this Act; or (iii) any other
125125 22 organization or group of persons that is not required to
126126 23 disclose its contributors under this Act, then that
127127 24 contribution shall be considered an anonymous contribution
128128 25 that shall escheat to the State, unless the political
129129 26 committee reports to the State Board of Elections all
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140140 1 persons who have contributed in excess of $500 during the
141141 2 same election cycle to the committee, association,
142142 3 organization, or group making the contribution. Any
143143 4 political committee that receives such a contribution and
144144 5 fails to report this information shall forward the
145145 6 contribution amount immediately to the State Treasurer who
146146 7 shall deposit the funds into the State Treasury.
147147 8 (2) As used in this subsection, "contribution" has the
148148 9 meaning provided in Section 9-1.4 and also includes the
149149 10 following that are subject to the limits of this Section:
150150 11 (A) expenditures made by any person in concert or
151151 12 cooperation with, or at the request or suggestion of,
152152 13 a candidate, his or her designated committee, or their
153153 14 agents; and
154154 15 (B) the financing by any person of the
155155 16 dissemination, distribution, or republication, in
156156 17 whole or in part, of any broadcast or any written,
157157 18 graphic, or other form of campaign materials prepared
158158 19 by the candidate, his or her campaign committee, or
159159 20 their designated agents.
160160 21 (3) As to contributions to a candidate political
161161 22 committee established to support a candidate seeking
162162 23 nomination to the Supreme Court, Appellate Court, or
163163 24 Circuit Court:
164164 25 (A) No person shall make a contribution in the
165165 26 name of another person or knowingly permit his or her
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176176 1 name to be used to effect such a contribution.
177177 2 (B) No person shall knowingly accept a
178178 3 contribution made by one person in the name of another
179179 4 person.
180180 5 (C) No person shall knowingly accept reimbursement
181181 6 from another person for a contribution made in his or
182182 7 her own name.
183183 8 (D) No person shall make an anonymous
184184 9 contribution.
185185 10 (E) No person shall knowingly accept any anonymous
186186 11 contribution.
187187 12 (F) No person shall predicate (1) any benefit,
188188 13 including, but not limited to, employment decisions,
189189 14 including hiring, promotions, bonus compensation, and
190190 15 transfers, or (2) any other gift, transfer, or
191191 16 emolument upon:
192192 17 (i) the decision by the recipient of that
193193 18 benefit to donate or not to donate to a candidate;
194194 19 or
195195 20 (ii) the amount of any such donation.
196196 21 (4) No judicial candidate or political committee
197197 22 established to support a candidate seeking nomination to
198198 23 the Supreme Court, Appellate Court, or Circuit Court shall
199199 24 knowingly accept any contribution or make any expenditure
200200 25 in violation of the provisions of this Section. No officer
201201 26 or employee of a political committee established to
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212212 1 support a candidate seeking nomination to the Supreme
213213 2 Court, Appellate Court, or Circuit Court shall knowingly
214214 3 accept a contribution made for the benefit or use of a
215215 4 candidate or knowingly make any expenditure in support of
216216 5 or opposition to a candidate or for electioneering
217217 6 communications in relation to a candidate in violation of
218218 7 any limitation designated for contributions and
219219 8 expenditures under this Section.
220220 9 (5) Where the provisions of this subsection (b-5)
221221 10 conflict with any other provision of this Code, this
222222 11 subsection (b-5) shall control.
223223 12 (c) During an election cycle, a political party committee
224224 13 may not accept contributions with an aggregate value over the
225225 14 following: (i) $10,000 from any individual, (ii) $20,000 from
226226 15 any corporation, labor organization, or association, or (iii)
227227 16 $50,000 from a political action committee. A political party
228228 17 committee may accept contributions in any amount from another
229229 18 political party committee or a candidate political committee,
230230 19 except as provided in subsection (c-5). Nothing in this
231231 20 Section shall limit the amounts that may be transferred
232232 21 between a political party committee established under
233233 22 subsection (a) of Section 7-8 of this Code and an affiliated
234234 23 federal political committee established under the Federal
235235 24 Election Code by the same political party. A political party
236236 25 committee may not accept contributions from a ballot
237237 26 initiative committee or from an independent expenditure
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248248 1 committee. A political party committee established by a
249249 2 legislative caucus may not accept contributions from another
250250 3 political party committee established by a legislative caucus.
251251 4 (c-5) (Blank).
252252 5 (c-10) (Blank).
253253 6 (d) During an election cycle, a political action committee
254254 7 may not accept contributions with an aggregate value over the
255255 8 following: (i) $10,000 from any individual, (ii) $20,000 from
256256 9 any corporation, labor organization, political party
257257 10 committee, or association, or (iii) $50,000 from a political
258258 11 action committee or candidate political committee. A political
259259 12 action committee may not accept contributions from a ballot
260260 13 initiative committee or from an independent expenditure
261261 14 committee.
262262 15 (e) Except as otherwise provided in subsection (h-15), a A
263263 16 ballot initiative committee may accept contributions in any
264264 17 amount from any source, provided that the committee files the
265265 18 document required by Section 9-3 of this Article and files the
266266 19 disclosure reports required by the provisions of this Article.
267267 20 (e-5) Except as otherwise provided in subsection (h-15),
268268 21 an An independent expenditure committee may accept
269269 22 contributions in any amount from any source, provided that the
270270 23 committee files the document required by Section 9-3 of this
271271 24 Article and files the disclosure reports required by the
272272 25 provisions of this Article.
273273 26 (e-10) A limited activity committee shall not accept
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284284 1 contributions, except that the officer or a candidate the
285285 2 committee has designated to support may contribute personal
286286 3 funds in order to pay for maintenance expenses. A limited
287287 4 activity committee may only make expenditures that are: (i)
288288 5 necessary for maintenance of the committee; (ii) for rent or
289289 6 lease payments until the end of the lease in effect at the time
290290 7 the officer or candidate is confirmed by the Senate; (iii)
291291 8 contributions to 501(c)(3) charities; or (iv) returning
292292 9 contributions to original contributors.
293293 10 (f) Nothing in this Section shall prohibit a political
294294 11 committee from dividing the proceeds of joint fundraising
295295 12 efforts; provided that no political committee may receive more
296296 13 than the limit from any one contributor, and provided that an
297297 14 independent expenditure committee may not conduct joint
298298 15 fundraising efforts with a candidate political committee or a
299299 16 political party committee.
300300 17 (g) On January 1 of each odd-numbered year, the State
301301 18 Board of Elections shall adjust the amounts of the
302302 19 contribution limitations established in this Section for
303303 20 inflation as determined by the Consumer Price Index for All
304304 21 Urban Consumers as issued by the United States Department of
305305 22 Labor and rounded to the nearest $100. The State Board shall
306306 23 publish this information on its official website.
307307 24 (h) Self-funding candidates. If a public official, a
308308 25 candidate, or the public official's or candidate's immediate
309309 26 family contributes or loans to the public official's or
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320320 1 candidate's political committee or to other political
321321 2 committees that transfer funds to the public official's or
322322 3 candidate's political committee or makes independent
323323 4 expenditures for the benefit of the public official's or
324324 5 candidate's campaign during the 12 months prior to an election
325325 6 in an aggregate amount of more than (i) $250,000 for statewide
326326 7 office or (ii) $100,000 for all other elective offices, then
327327 8 the public official or candidate shall file with the State
328328 9 Board of Elections, within one day, a Notification of
329329 10 Self-funding that shall detail each contribution or loan made
330330 11 by the public official, the candidate, or the public
331331 12 official's or candidate's immediate family. Within 2 business
332332 13 days after the filing of a Notification of Self-funding, the
333333 14 notification shall be posted on the Board's website and the
334334 15 Board shall give official notice of the filing to each
335335 16 candidate for the same office as the public official or
336336 17 candidate making the filing, including the public official or
337337 18 candidate filing the Notification of Self-funding. Notice
338338 19 shall be sent via first class mail to the candidate and the
339339 20 treasurer of the candidate's committee. Notice shall also be
340340 21 sent by e-mail to the candidate and the treasurer of the
341341 22 candidate's committee if the candidate and the treasurer, as
342342 23 applicable, have provided the Board with an e-mail address.
343343 24 Upon posting of the notice on the Board's website, all
344344 25 candidates for that office, including the public official or
345345 26 candidate who filed a Notification of Self-funding, shall be
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356356 1 permitted to accept contributions in excess of any
357357 2 contribution limits imposed by subsection (b). If a public
358358 3 official or candidate filed a Notification of Self-funding
359359 4 during an election cycle that includes a general primary
360360 5 election or consolidated primary election and that public
361361 6 official or candidate is nominated, all candidates for that
362362 7 office, including the nominee who filed the notification of
363363 8 self-funding, shall be permitted to accept contributions in
364364 9 excess of any contribution limit imposed by subsection (b) for
365365 10 the subsequent election cycle. For the purposes of this
366366 11 subsection, "immediate family" means the spouse, parent, or
367367 12 child of a public official or candidate.
368368 13 (h-5) If a natural person or independent expenditure
369369 14 committee makes independent expenditures in support of or in
370370 15 opposition to the campaign of a particular public official or
371371 16 candidate in an aggregate amount of more than (i) $250,000 for
372372 17 statewide office or (ii) $100,000 for all other elective
373373 18 offices in an election cycle, as reported in a written
374374 19 disclosure filed under subsection (a) of Section 9-8.6 or
375375 20 subsection (e-5) of Section 9-10, then the State Board of
376376 21 Elections shall, within 2 business days after the filing of
377377 22 the disclosure, post the disclosure on the Board's website and
378378 23 give official notice of the disclosure to each candidate for
379379 24 the same office as the public official or candidate for whose
380380 25 benefit or detriment the natural person or independent
381381 26 expenditure committee made independent expenditures. Upon
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392392 1 posting of the notice on the Board's website, all candidates
393393 2 for that office in that election, including the public
394394 3 official or candidate for whose benefit or detriment the
395395 4 natural person or independent expenditure committee made
396396 5 independent expenditures, shall be permitted to accept
397397 6 contributions in excess of any contribution limits imposed by
398398 7 subsection (b).
399399 8 (h-10) If the State Board of Elections receives
400400 9 notification or determines that a natural person or persons,
401401 10 an independent expenditure committee or committees, or
402402 11 combination thereof has made independent expenditures in
403403 12 support of or in opposition to the campaign of a particular
404404 13 public official or candidate in an aggregate amount of more
405405 14 than (i) $250,000 for statewide office or (ii) $100,000 for
406406 15 all other elective offices in an election cycle, then the
407407 16 Board shall, within 2 business days after discovering the
408408 17 independent expenditures that, in the aggregate, exceed the
409409 18 threshold set forth in (i) and (ii) of this subsection, post
410410 19 notice of this fact on the Board's website and give official
411411 20 notice to each candidate for the same office as the public
412412 21 official or candidate for whose benefit or detriment the
413413 22 independent expenditures were made. Notice shall be sent via
414414 23 first class mail to the candidate and the treasurer of the
415415 24 candidate's committee. Notice shall also be sent by e-mail to
416416 25 the candidate and the treasurer of the candidate's committee
417417 26 if the candidate and the treasurer, as applicable, have
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428428 1 provided the Board with an e-mail address. Upon posting of the
429429 2 notice on the Board's website, all candidates of that office
430430 3 in that election, including the public official or candidate
431431 4 for whose benefit or detriment the independent expenditures
432432 5 were made, may accept contributions in excess of any
433433 6 contribution limits imposed by subsection (b).
434434 7 (h-15) Notwithstanding any other provision of law, a
435435 8 foreign national may not make, directly or indirectly, a
436436 9 contribution to a ballot initiative committee or an
437437 10 independent expenditure committee for the purpose of
438438 11 influencing any question of public policy to be submitted to
439439 12 the voters, and neither a ballot initiative committee nor an
440440 13 independent expenditure committee may knowingly solicit or
441441 14 accept a contribution from a foreign national for the purpose
442442 15 of influencing any question of public policy to be submitted
443443 16 to the voters. Additionally, a foreign national may not make
444444 17 an independent expenditure for the purpose of influencing any
445445 18 question of public policy to be submitted to the voters. As
446446 19 used in this subsection, "foreign national" means a foreign
447447 20 national as defined in 52 U.S.C. 30121(b) and an entity with
448448 21 respect to which a foreign national holds, owns, controls, or
449449 22 otherwise has direct or indirect beneficial ownership of 50%
450450 23 or more of the total equity, outstanding voting shares,
451451 24 membership units, or other applicable ownership interests.
452452 25 (i) For the purposes of this Section, a corporation, labor
453453 26 organization, association, or a political action committee
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464464 1 established by a corporation, labor organization, or
465465 2 association may act as a conduit in facilitating the delivery
466466 3 to a political action committee of contributions made through
467467 4 dues, levies, or similar assessments and the political action
468468 5 committee may report the contributions in the aggregate,
469469 6 provided that: (i) contributions made through dues, levies, or
470470 7 similar assessments paid by any natural person, corporation,
471471 8 labor organization, or association in a calendar year may not
472472 9 exceed the limits set forth in this Section; (ii) the
473473 10 corporation, labor organization, association, or a political
474474 11 action committee established by a corporation, labor
475475 12 organization, or association facilitating the delivery of
476476 13 contributions maintains a list of natural persons,
477477 14 corporations, labor organizations, and associations that paid
478478 15 the dues, levies, or similar assessments from which the
479479 16 contributions comprising the aggregate amount derive; and
480480 17 (iii) contributions made through dues, levies, or similar
481481 18 assessments paid by any natural person, corporation, labor
482482 19 organization, or association that exceed $1,000 in a quarterly
483483 20 reporting period shall be itemized on the committee's
484484 21 quarterly report and may not be reported in the aggregate. A
485485 22 political action committee facilitating the delivery of
486486 23 contributions or receiving contributions shall disclose the
487487 24 amount of contributions made through dues delivered or
488488 25 received and the name of the corporation, labor organization,
489489 26 association, or political action committee delivering the
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500500 1 contributions, if applicable. On January 1 of each
501501 2 odd-numbered year, the State Board of Elections shall adjust
502502 3 the amounts of the contribution limitations established in
503503 4 this subsection for inflation as determined by the Consumer
504504 5 Price Index for All Urban Consumers as issued by the United
505505 6 States Department of Labor and rounded to the nearest $100.
506506 7 The State Board shall publish this information on its official
507507 8 website.
508508 9 (j) A political committee that receives a contribution or
509509 10 transfer in violation of this Section shall dispose of the
510510 11 contribution or transfer by returning the contribution or
511511 12 transfer, or an amount equal to the contribution or transfer,
512512 13 to the contributor or transferor or donating the contribution
513513 14 or transfer, or an amount equal to the contribution or
514514 15 transfer, to a charity. A contribution or transfer received in
515515 16 violation of this Section that is not disposed of as provided
516516 17 in this subsection within 30 days after the Board sends
517517 18 notification to the political committee of the excess
518518 19 contribution by certified mail shall escheat to the General
519519 20 Revenue Fund and the political committee shall be deemed in
520520 21 violation of this Section and subject to a civil penalty not to
521521 22 exceed 150% of the total amount of the contribution.
522522 23 (k) For the purposes of this Section, "statewide office"
523523 24 means the Governor, Lieutenant Governor, Attorney General,
524524 25 Secretary of State, Comptroller, and Treasurer.
525525 26 (l) This Section is repealed if and when the United States
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536536 1 Supreme Court invalidates contribution limits on committees
537537 2 formed to assist candidates, political parties, corporations,
538538 3 associations, or labor organizations established by or
539539 4 pursuant to federal law.
540540 5 (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21;
541541 6 102-909, eff. 5-27-22; 103-600, eff. 7-1-24.)
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