State of Illinois
91st General Assembly
Legislation

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91_HB2602

 
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 1        AN ACT to amend the Election Code.

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

 4        Section  5.   The  Election  Code  is amended by changing
 5    Section 9-26 and  adding  Sections  9-1.9-5,  9-2.10,  9-7.2,
 6    9-7.15, 9-8.5, 9-25.5, and 9-25.10 as follows:

 7        (10 ILCS 5/9-1.9-5 new)
 8        Sec.  9-1.9-5.   Political  action committee.  "Political
 9    action committee" means a political committee  other  than  a
10    political  committee  established  by  a  public  official, a
11    candidate for public office, a county central committee of  a
12    political   party,  or  the  State  central  committee  of  a
13    political party.

14        (10 ILCS 5/9-2.10 new)
15        Sec. 9-2.10.   Single  political  committee.   No  public
16    official  or  candidate  for public office may establish more
17    than one political committee.

18        (10 ILCS 5/9-7.2 new)
19        Sec. 9-7.2.  Prohibited  contributors.   No  corporation,
20    including  without  limitation  a  professional or non-profit
21    corporation, or labor union may make contributions  from  its
22    treasury  funds.   Those  entities  may  establish  political
23    committees  subject to this Article for the purpose of making
24    contributions.

25        (10 ILCS 5/9-7.15 new)
26        Sec. 9-7.15.  Contributor  registration  and  disclosure.
27    The  political  action  committee  of  any corporation, labor
28    union, or association of individuals,  however  described  or
 
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 1    organized,  that spends more than $3,000 in money or the fair
 2    market value of its services, in the aggregate and  over  any
 3    period of time, (i) to one or more political committees, (ii)
 4    in  support of or in opposition to any one or more candidates
 5    for public office or public questions, or  (iii)  to  one  or
 6    more  political committees and in support of or in opposition
 7    to any one or more candidates for  public  office  or  public
 8    questions   shall   register  with  the  Board  in  a  manner
 9    prescribed by the Board and shall file  financial  disclosure
10    reports  with  the  Board.  The reports shall be filed at the
11    same times that campaign contribution and expenditure reports
12    are required to be filed by political committees and shall be
13    for the same reporting periods. The reports shall itemize all
14    amounts and recipients.  The Board shall promulgate forms for
15    the reports.

16        (10 ILCS 5/9-8.5 new)
17        Sec. 9-8.5.   Limits  on  contributions,  transfers,  and
18    carry-over.
19        (a)  No   individual   may   make  contributions  to  the
20    political committee of a candidate for the  General  Assembly
21    or  of a General Assembly member of more than $1,500 during a
22    primary  election  period  or  more  than  $1,500  during  an
23    election period.  No individual may make contributions to the
24    political committee of a candidate for statewide office or of
25    a statewide officer of more  than  $2,500  during  a  primary
26    election  period  or  more  than  $2,500  during  an election
27    period.  No individual may make contributions to a  political
28    action  committee,  a political committee of a county central
29    committee of a political party, or a political committee of a
30    State central committee of a political  party  of  more  than
31    $3,000 during an election cycle.
32        (b)  No political action committee may make contributions
33    to  the  political  committee  of a candidate for the General
 
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 1    Assembly or of a General Assembly member of more than  $2,000
 2    during  a  primary election period or more than $2,000 during
 3    an election period.  No political action committee  may  make
 4    contributions  to  the political committee of a candidate for
 5    statewide office or of  a  statewide  officer  of  more  than
 6    $3,000  during  a primary election period or more than $3,000
 7    during an election period.  No political action committee may
 8    make contributions to the political  committee  of  a  county
 9    central  committee of a political party or of a State central
10    committee of a political party of more than $4,000  during  a
11    primary  election  period  or  more  than  $4,000  during  an
12    election period.
13        (c)  The  political  committee  of a candidate for public
14    office or of a public official may  not  transfer  funds,  or
15    make  contributions  to  the  political  committee of another
16    candidate for public office or of another public official, to
17    a political action committee, or to the  political  committee
18    of a county or State central committee of a political party.
19        (d)  No  political  committee  of  a  candidate  for  the
20    General  Assembly  or of a General Assembly member may have a
21    balance of more than $25,000 on June 30  of  an  odd-numbered
22    year.   No  political  committee of a candidate for statewide
23    office or of a statewide officer may have a balance  of  more
24    than  $100,000  on June 30 of an odd-numbered year.  Funds in
25    excess of these amounts on that date  shall  be  returned  to
26    contributors  or  surrendered  to  the  State  Treasurer  for
27    deposit into the State treasury.
28        (e)  On  July  1  of  each  odd-numbered year, the limits
29    established in this Section shall be adjusted  for  inflation
30    as  determined  by  the  Consumer  Price  Index for All Urban
31    Consumers as determined by the United  States  Department  of
32    Labor and rounded to the nearest $100.
33        (f)  For  purposes of this Section, a statewide office or
34    statewide officer means the  Governor,  Lieutenant  Governor,
 
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 1    Attorney  General,  Secretary  of  State, State Treasurer, or
 2    State Comptroller.  A primary election period begins  July  1
 3    of  an odd-numbered year and ends the day of the next general
 4    primary election.  An election period begins the day after  a
 5    general  primary  election  and  ends  June  30  of  the next
 6    odd-numbered year.  An election cycle begins  July  1  of  an
 7    odd-numbered  year  and ends June 30 of the next odd-numbered
 8    year.
 9        (g)  Contributions accepted in  violation  of  subsection
10    (a),  (b),  or  (c)  shall  be surrendered immediately to the
11    State Treasurer for deposit into the State treasury.

12        (10 ILCS 5/9-25.5 new)
13        Sec. 9-25.5. Dissolution  of  political  committee.  Each
14    public  official  who  leaves  office  due  to  retirement or
15    defeat, and each candidate for public  office  who  has  been
16    defeated,  must  close  his  or  her  political committee and
17    dispose of any remaining funds within 4 years  after  leaving
18    office or losing an election.
19        Upon  the  dissolution  of  a  political  committee,  its
20    remaining   funds   shall  be  returned  to  contributors  or
21    surrendered to the State Treasurer for deposit into the State
22    treasury.

23        (10 ILCS 5/9-25.10 new)
24        Sec. 9-25.10.  Candidate  guidebooks.   The  State  Board
25    shall  prepare or have prepared candidate guidebooks for each
26    region or legislative district of the  State.  The  guidebook
27    shall  contain  a  photo of and statement from each candidate
28    for statewide office  and  each  candidate  for  the  General
29    Assembly in that region or district.  The guidebooks shall be
30    distributed  to  each  household  in  the  region or district
31    within a reasonable time before the general election.
32        The State Board shall adopt rules for the  implementation
 
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 1    of this Section.
 2        For  the  purpose of this Section, statewide office means
 3    the  Governor,   Lieutenant   Governor,   Attorney   General,
 4    Secretary of State, State Treasurer, and State Comptroller.

 5        (10 ILCS 5/9-26) (from Ch. 46, par. 9-26)
 6        Sec.  9-26.  Willful failure to file or willful filing of
 7    false or incomplete  information  required  by  this  Article
 8    shall  constitute  a  Class  A  misdemeanor  business offense
 9    subject to a fine of up to $5,000.
10        The receipt and retention of contributions  in  violation
11    of Section 9-8.5 is a Class A misdemeanor.
12        Willful  filing  of  a false complaint under this Article
13    shall constitute a Class B misdemeanor.
14        A prosecution for any offense designated by this  Article
15    shall  be  commenced  no  later  than  18  months  after  the
16    commission of the offense.
17        The  appropriate State's Attorney or the Attorney General
18    shall bring such actions in the name of  the  people  of  the
19    State of Illinois.
20    (Source: P.A. 90-737, eff. 1-1-99.)
 
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 1                                INDEX
 2               Statutes amended in order of appearance
 3    10 ILCS 5/9-1.9-5 new
 4    10 ILCS 5/9-2.10 new
 5    10 ILCS 5/9-7.2 new
 6    10 ILCS 5/9-7.15 new
 7    10 ILCS 5/9-8.5 new
 8    10 ILCS 5/9-25.5 new
 9    10 ILCS 5/9-25.10 new
10    10 ILCS 5/9-26            from Ch. 46, par. 9-26

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