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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3071

Introduced 2/6/2025, by Rep. Amy Briel

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-1.16 new
10 ILCS 5/9-1.17 new
10 ILCS 5/9-1.18 new
10 ILCS 5/9-1.19 new
10 ILCS 5/9-8.7 new
10 ILCS 5/9-28.5

Amends the Election Code. Provides that a foreign-influenced business
entity shall not make a contribution or donation to any person or entity
with the express or implied condition that the contribution or donation,
or any part of the contribution or donation be used for specified political
purposes. Sets forth certification requirements. Provides that the
provision shall be construed to establish liability on the part of any
candidate, political committee, or other recipient of certification.
Provides for enforcement of the provision. Defines terms. Effective July
1, 2025.
LRB104 09606 SPS 19671 b

A BILL FOR

HB3071
LRB104 09606 SPS 19671 b
1

AN ACT concerning elections.

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 9-28.5 and by adding Sections 9-1.16, 9-1.17, 9-1.18,
6
9-1.19, and 9-8.7 as follows:

7

(10 ILCS 5/9-1.16 new)
8

Sec. 9-1.16.
Chief executive officer.
"Chief executive
9
officer" means the highest-ranking officer or individual
10
having authority to make decisions regarding a business
11
entity's affairs.

12

(10 ILCS 5/9-1.17 new)
13

Sec. 9-1.17.
Foreign national.
"Foreign national" means
14
any of the following:
15

(1) an individual who is not a citizen of the United
16

States and is not lawfully admitted for permanent
17

residence;
18

(2) a government, or subdivision, of a foreign
19

country;
20

(3) a foreign political party; or
21

(4) any entity, such as a partnership, association,
22

corporation, organization, or other combination of

HB3071
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LRB104 09606 SPS 19671 b
1

persons, that is organized under the laws of or has its
2

principal place of business in a foreign country.

3

(10 ILCS 5/9-1.18 new)
4

Sec. 9-1.18.
Foreign-influenced business entity.
5
"Foreign-influenced business entity" means a business entity,
6
as defined in Section 50-37 of the Illinois Procurement Code,
7
for which at least one of the following conditions is met:
8

(1) a single foreign investor holds, owns, controls,
9

or otherwise has direct or indirect beneficial ownership
10

of 1% or more of the total equity, outstanding voting
11

shares, membership units, or other applicable ownership
12

interests of the corporation or limited liability company;
13

(2) 2 or more foreign investors, in aggregate, hold,
14

own, control, or otherwise have direct or indirect
15

beneficial ownership of 5% or more of the total equity,
16

outstanding voting shares, membership units, or other
17

applicable ownership interests of the corporation or
18

limited liability company; or
19

(3) a foreign investor participates directly or
20

indirectly in the corporation or limited liability
21

company's decision-making process with respect to the
22

corporation or limited liability company's political
23

activities in the United States.
24

For the purposes of this Section, the calculation of a
25
person or entity's ownership interest shall not include any

HB3071
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LRB104 09606 SPS 19671 b
1
portion of the person or entity's direct or indirect
2
beneficial ownership of equity, outstanding voting shares,
3
membership units, or otherwise applicable ownership interests
4
of a corporation that are held or owned in a mutual fund based
5
in the United States.

6

(10 ILCS 5/9-1.19 new)
7

Sec. 9-1.19.
Foreign investor.
"Foreign investor" means a
8
person that:
9

(1) holds, owns, controls, or otherwise has direct or
10

indirect beneficial ownership of equity, outstanding
11

voting shares, membership units, or other applicable
12

ownership interests of a corporation or limited liability
13

company; and
14

(2) is any of the following:
15

(A) a government of a foreign country;
16

(B) a foreign political party;
17

(C) a partnership, association, corporation,
18

limited liability company, organization, or other
19

combination of persons organized under the laws of or
20

having its principal place of business in a foreign
21

country;
22

(D) an individual outside the United States who is
23

not a citizen of the United States and who is not
24

lawfully admitted for permanent residence; or
25

(E) a corporation or limited liability company in

HB3071
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LRB104 09606 SPS 19671 b
1

which a person or entity described in paragraphs (A)
2

through (D) holds, owns, controls, or otherwise has
3

directly or indirectly acquired a beneficial ownership
4

of equity or voting shares in an amount that is equal
5

to or greater than 50% of the total equity or
6

outstanding voting shares.

7

(10 ILCS 5/9-8.7 new)
8

Sec. 9-8.7.
Prohibition of contributions and expenditures
9
by foreign-influenced business entities.

10

(a) A foreign-influenced business entity shall not make a
11
contribution or donation to any person or entity with the
12
express or implied condition that the contribution or
13
donation, or any part of the contribution or donation, be used
14
for the following:
15

(1) an expenditure, or an offer or agree to make an
16

expenditure, including an independent expenditure;
17

(2) a contribution, or an offer or agree to make a
18

contribution to any candidate or political committee;
19

(3) electioneering communications, or an offer or
20

agree to make electioneering communications; or
21

(4) a contribution or expenditure to support or oppose
22

a ballot initiative or to qualify a question for placement
23

on a ballot.
24

(b) No later than 7 days after a for-profit business
25
entity makes a contribution or expenditure, including an

HB3071
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LRB104 09606 SPS 19671 b
1
independent expenditure, the entity shall:
2

(1) submit a certification to the State Board of
3

Elections that it was not a foreign-influenced business
4

entity on the date that the contribution or expenditure
5

was made, signed by the corporation's chief executive
6

officer, under penalty of perjury, after reasonable
7

inquiry; and
8

(2) provide a copy of the certification to the
9

candidate, political committee, or person receiving the
10

contribution.
11

(c) For purposes of certification under this Section, the
12
business entity shall ascertain beneficial ownership in a
13
manner consistent with the Business Corporation Act of 1983
14
or, if it is registered on a national securities exchange, as
15
set forth in 17 CFR 240.13d-3 and 240.13d-5.
16

(d) If a foreign-influenced business entity makes a
17
contribution or expenditure in violation of this Section, the
18
State Board of Election shall assess a civil penalty equal to
19
the amount of the contribution or expenditure.
20

(e) Nothing in this Section shall be construed to
21
establish liability on the part of any candidate, political
22
committee, or other recipient of a certification. A candidate
23
or political committee may rely in good faith on a
24
certification of compliance.

25

(10 ILCS 5/9-28.5)

HB3071
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LRB104 09606 SPS 19671 b
1

Sec. 9-28.5.
Injunctive relief for electioneering
2
communications.
3

(a) Whenever the Attorney General, or a State's Attorney
4
with jurisdiction over any portion of the relevant electorate,
5
believes that any person, as defined in Section 9-1.6, is
6
making, producing, publishing, republishing, or broadcasting
7
an electioneering communication paid for by any person, as
8
defined in Section 9-1.6, who has not first complied with the
9
registration and disclosure requirements of this Article, he
10
or she may bring an action in the name of the People of the
11
State of Illinois or, in the case of a State's Attorney, the
12
People of the County, against such person or persons to
13
restrain by preliminary or permanent injunction the making,
14
producing, publishing, republishing, or broadcasting of such
15
electioneering communication until the registration and
16
disclosure requirements have been met.
17

(b) Any political committee that believes any person, as
18
defined in Section 9-1.6, is making, producing, publishing,
19
republishing, or broadcasting an electioneering communication
20
paid for by any person, as defined in Section 9-1.6, who has
21
not first complied with the registration and disclosure
22
requirements of this Article may bring an action in the
23
circuit court against such person or persons to restrain by
24
preliminary or permanent injunction the making, producing,
25
publishing, republishing, or broadcasting of such
26
electioneering communication until the registration and

HB3071
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LRB104 09606 SPS 19671 b
1
disclosure requirements have been met.
2

(c) Whenever the Attorney General, or a State's Attorney
3
with jurisdiction over any portion of the relevant electorate,
4
believes that any person, as defined in Section 9-1.6, is
5
engaging in independent expenditures, as defined in this
6
Article, who has not first complied with the registration and
7
disclosure requirements of this Article, he or she may bring
8
an action in the name of the People of the State of Illinois
9
or, in the case of a State's Attorney, the People of the
10
County, against such person or persons to restrain by
11
preliminary or permanent injunction the making of such
12
expenditures until the registration and disclosure
13
requirements have been met.
14

(d) Any political committee that believes any person, as
15
defined in Section 9-1.6, is engaging in independent
16
expenditures, as defined in this Article, who has not first
17
complied with the registration and disclosure requirements of
18
this Article may bring an action in the circuit court against
19
such person or persons to restrain by preliminary or permanent
20
injunction the making of independent expenditures until the
21
registration and disclosure requirements have been met.
22

(e) If the Attorney General, or a State's Attorney with
23
jurisdiction, believes that a foreign-influenced business
24
entity is making contributions or expenditures, including
25
independent expenditures, or engaging in electioneering
26
communications, the Attorney General or State's Attorney may

HB3071
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LRB104 09606 SPS 19671 b
1
bring an action in circuit court against the person to
2
restrain by preliminary or permanent injunction the making of
3
the contributions or expenditures.
4

(f) Any person or political committee that believes any
5
foreign-influenced business entity is making contributions or
6
expenditures, including independent expenditures, or engaging
7
in electioneering communications, may bring an action in
8
circuit court against the person or persons to restrain by
9
preliminary or permanent injunction the making of the
10
contributions or expenditures.

11
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)

12

Section 97.
Severability.
The provisions of this Act are
13
severable under Section 1.31 of the Statute on Statutes.

14

Section 99.
Effective date.
This Act takes effect July 1,
15
2025.

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