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Full Text of HB5154
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HB5154 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5154
Introduced 2/10/2026, by Rep. Lindsey LaPointe
SYNOPSIS AS INTRODUCED:
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 5/9-3.7 new
10 ILCS 5/9-3.10 new
10 ILCS 5/9-10
from Ch. 46, par. 9-10
10 ILCS 5/9-10.5 new
10 ILCS 5/9-22
from Ch. 46, par. 9-22
10 ILCS 5/9-28.5
10 ILCS 5/9-55 new
10 ILCS 5/9-8.6 rep.
Amends the Election Code. Provides that specified entities that spend
$10,000 or more on independent expenditures in the 12 months prior to an
election, or who accepts $10,000 or more in an election cycle of in-kind
contributions to enable independent expenditures, shall maintain transfer
records and submit reports to the State Board of Elections. Provides that
independent expenditures for public communications financed by specified
entities shall include specified information. Provides that no person
shall, for the purpose of evading the reporting requirements, structure or
assist in structuring, or attempt to structure or assist in structuring,
any solicitation, contribution, expenditure, disbursement, or other
transaction. 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 18217 SPS 31656 b
A BILL FOR
HB5154
LRB104 18217 SPS 31656 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
Sections 9-1, 9-1.4, 9-1.5, 9-1.8, 9-1.14, 9-1.15, 9-3, 9-10,
6
9-22, and 9-28.5 and by adding Sections 9-1.16, 9-1.17, 9-3.7,
7
9-3.10, 9-10.5, and 9-55 as follows:
8
(10 ILCS 5/9-1)
(from Ch. 46, par. 9-1)
9
Sec. 9-1.
As used in this Article, unless the context
10
otherwise requires, the terms defined in Sections 9-1.1
11
through
9-1.17
9-1.13
, have the respective meanings as defined
12
in those Sections.
13
(Source: P.A. 86-873.)
14
(10 ILCS 5/9-1.4)
(from Ch. 46, par. 9-1.4)
15
Sec. 9-1.4.
Contribution.
16
(A) "Contribution" means:
17
(1) a gift, subscription, donation, dues, loan, advance,
18
deposit of money, or anything of value, knowingly received in
19
connection with the nomination for election, election, or
20
retention of any candidate or person to or in public office or
21
in connection with any question of public policy;
22
(1.5) a gift, subscription, donation, dues, loan, advance,
HB5154
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LRB104 18217 SPS 31656 b
1
deposit of money, or anything of value that constitutes
2
election spending
an electioneering communication
made in
3
concert or cooperation with or at the request, suggestion, or
4
knowledge of a candidate, a political committee, or any of
5
their agents;
6
(2) the purchase of tickets for fund-raising events,
7
including but not limited to dinners, luncheons, cocktail
8
parties, and rallies made in connection with the nomination
9
for election, election, or retention of any person in or to
10
public office, or in connection with any question of public
11
policy;
12
(3) a transfer of funds received by a political committee
13
from another political committee;
14
(4) the services of an employee donated by an employer, in
15
which case the contribution shall be listed in the name of the
16
employer, except that any individual services provided
17
voluntarily and without promise or expectation of compensation
18
from any source shall not be deemed a contribution; and
19
(5) an expenditure by a political committee made in
20
cooperation, consultation, or concert with another political
21
committee.
22
(A-5) "In-kind contribution" means anything of value,
23
other than a direct contribution of funds, knowingly received
24
in connection with the nomination for election, election, or
25
retention of any candidate or person to or in public office or
26
in connection with any question of public policy, including:
HB5154
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LRB104 18217 SPS 31656 b
1
(1) goods or services provided free of charge or at
2
less than their market value; and
3
(2) anything of value that constitutes election
4
spending made in concert or cooperation with or at the
5
request, suggestion, or knowledge of a candidate, a
6
political committee, or any of their agents.
7
(B) "Contribution" does not include:
8
(a) the use of real or personal property and the
9
cost of invitations, food, and beverages, voluntarily
10
provided by an individual in rendering voluntary
11
personal services on the individual's residential
12
premises for candidate-related activities; provided
13
the value of the service provided does not exceed an
14
aggregate of $150 in a reporting period;
15
(b) the sale of any food or beverage by a vendor
16
for use in a candidate's campaign at a charge less than
17
the normal comparable charge, if such charge for use
18
in a candidate's campaign is at least equal to the cost
19
of such food or beverage to the vendor;
20
(c) communications by a corporation to its
21
stockholders and executive or administrative personnel
22
or their families;
23
(d) communications by an association to its
24
members and executive or administrative personnel or
25
their families;
26
(e) voter registration or other campaigns
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1
encouraging voting that make no mention of any clearly
2
identified candidate, public question, political
3
party, group, or combination thereof;
4
(f) a loan of money by a national or State bank or
5
credit union made in accordance with the applicable
6
banking laws and regulations and in the ordinary
7
course of business, but the loan shall be listed on
8
disclosure reports required by this Article; however,
9
the use, ownership, or control of any security for
10
such a loan, if provided by a person other than the
11
candidate or his or her committee, qualifies as a
12
contribution; or
13
(g) an independent expenditure.
14
(C) Interest or other investment income, earnings or
15
proceeds, and refunds or returns of all or part of a
16
committee's previous expenditures shall not be considered
17
contributions but shall be listed on disclosure reports
18
required by this Article.
19
(Source: P.A. 96-832, eff. 1-1-11
.)
20
(10 ILCS 5/9-1.5)
(from Ch. 46, par. 9-1.5)
21
Sec. 9-1.5.
Expenditure.
22
(A) "Expenditure" means:
23
(1) a payment, distribution, purchase, loan, advance,
24
deposit, gift of money, or anything of value, in
25
connection with the nomination for election, election, or
HB5154
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LRB104 18217 SPS 31656 b
1
retention of any person to or in public office or in
2
connection with any question of public policy;
3
(2) a payment, distribution, purchase, loan, advance,
4
deposit, gift of money, or anything of value that
5
constitutes
election spending
an electioneering
6
communication
made in concert or cooperation with or at
7
the request, suggestion, or knowledge of a candidate, a
8
political committee, or any of their agents; or
9
(3) a transfer of funds by a political committee to
10
another political committee.
11
(B) "Expenditure" does not include:
12
(a) the use of real or personal property and the cost
13
of invitations, food, and beverages, voluntarily provided
14
by an individual in rendering voluntary personal services
15
on the individual's residential premises for
16
candidate-related activities; provided the value of the
17
service provided does not exceed an aggregate of $150 in a
18
reporting period; or
19
(b) the sale of any food or beverage by a vendor for
20
use in a candidate's campaign at a charge less than the
21
normal comparable charge, if such charge for use in a
22
candidate's campaign is at least equal to the cost of such
23
food or beverage to the vendor.
24
(Source: P.A. 96-832, eff. 1-1-11
.)
25
(10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
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LRB104 18217 SPS 31656 b
1
Sec. 9-1.8.
Political committees.
2
(a) "Political committee" includes a candidate political
3
committee, a political party committee, a political action
4
committee, a ballot initiative committee, and an independent
5
expenditure committee.
6
(b) "Candidate political committee" means the candidate
7
himself or herself or any natural person, trust, partnership,
8
corporation, or other organization or group of persons
9
designated by the candidate that accepts contributions or
10
makes expenditures during any 12-month period in an aggregate
11
amount exceeding $5,000 on behalf of the candidate.
12
(c) "Political party committee" means the State central
13
committee of a political party, a county central committee of
14
a political party, a legislative caucus committee, or a
15
committee formed by a ward or township committeeperson of a
16
political party. For purposes of this Article, a "legislative
17
caucus committee" means a committee established for the
18
purpose of electing candidates to the General Assembly by the
19
person elected President of the Senate, Minority Leader of the
20
Senate, Speaker of the House of Representatives, Minority
21
Leader of the House of Representatives, or a committee
22
established by 5 or more members of the same caucus of the
23
Senate or 10 or more members of the same caucus of the House of
24
Representatives.
25
(d) "Political action committee" means any natural person,
26
trust, partnership, committee, association, corporation, or
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LRB104 18217 SPS 31656 b
1
other organization or group of persons, other than a
2
candidate, political party, candidate political committee, or
3
political party committee, that accepts contributions or makes
4
expenditures during any 12-month period in an aggregate amount
5
exceeding $5,000 on behalf of or in opposition to a candidate
6
or candidates for public office
and that influences the
7
nomination or election of a candidate or candidates as one of
8
its major purposes
. "Political action committee" includes any
9
natural person, trust, partnership, committee, association,
10
corporation, or other organization or group of persons, other
11
than a candidate, political party, candidate political
12
committee, or political party committee, that
engages in
13
election spending
makes electioneering communications
during
14
any 12-month period in an aggregate amount exceeding $5,000
15
related to any candidate or candidates for public office
and
16
that influences the nomination or election of a candidate or
17
candidates as one of its major purposes
.
18
(e) "Ballot initiative committee" means any natural
19
person, trust, partnership, committee, association,
20
corporation, or other organization or group of persons that
21
accepts contributions or makes expenditures during any
22
12-month period in an aggregate amount exceeding $5,000 in
23
support of or in opposition to any question of public policy to
24
be submitted to the electors
and that influences the
25
initiation or approval of a question of public policy to be
26
submitted to the electors as one of its major purposes
.
HB5154
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LRB104 18217 SPS 31656 b
1
"Ballot initiative committee" includes any natural person,
2
trust, partnership, committee, association, corporation, or
3
other organization or group of persons that
engages in
4
election spending
makes electioneering communications
during
5
any 12-month period in an aggregate amount exceeding $5,000
6
related to any question of public policy to be submitted to the
7
voters
and that influences the initiation or approval of a
8
question of public policy to be submitted to the electors as
9
one of its major purposes
. The $5,000 threshold applies to any
10
contributions or expenditures received or made with the
11
purpose of securing a place on the ballot for, advocating the
12
defeat or passage of, or engaging in
election spending
13
electioneering communication
regarding the question of public
14
policy, regardless of the method of initiation of the question
15
of public policy and regardless of whether petitions have been
16
circulated or filed with the appropriate office or whether the
17
question has been adopted and certified by the governing body.
18
(f) "Independent expenditure committee" means any trust,
19
partnership, committee, association, corporation, or other
20
organization or group of persons
that:
21
(1) makes independent expenditures during any 12-month
22
period in an aggregate amount exceeding $5,000;
23
(2) has as one of its major purposes influencing the
24
nomination or election of a candidate or candidates; and
25
(3) does not do any of the following:
26
(A) make contributions to any political committee
HB5154
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LRB104 18217 SPS 31656 b
1
other than a ballot initiative committee or another
2
independent expenditure committee;
3
(B) coordinate fundraising with any candidate or
4
another political committee, other than a ballot
5
initiative committee or another independent
6
expenditure committee;
7
(C) coordinate fundraising or spending with any
8
group established, financed, maintained, or controlled
9
by a candidate or another political committee, other
10
than a ballot initiative committee or another
11
independent expenditure committee; or
12
(D) employ the services of a person that during
13
the previous 2 years had provided campaign services
14
for a public official or candidate whom the trust,
15
partnership, committee, association, corporation, or
16
other organization or group supports, unless the
17
person establishes an effective firewall as described
18
in subsection (f) of Section 9-1.17.
19
As used in this subsection, "coordinate" means to make in
20
cooperation, consultation, or concert with, or at the request
21
or suggestion of, a candidate, a candidate's committee, or a
22
political party committee.
23
formed for the exclusive purpose of making independent
24
expenditures during any 12-month period in an aggregate amount
25
exceeding $5,000 in support of or in opposition to (i) the
26
nomination for election, election, retention, or defeat of any
HB5154
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LRB104 18217 SPS 31656 b
1
public official or candidate or (ii) any question of public
2
policy to be submitted to the electors. "Independent
3
expenditure committee" also includes any trust, partnership,
4
committee, association, corporation, or other organization or
5
group of persons that makes electioneering communications that
6
are not made in connection, consultation, or concert with or
7
at the request or suggestion of a public official or
8
candidate, a public official's or candidate's designated
9
political committee or campaign, or an agent or agents of the
10
public official, candidate, or political committee or campaign
11
during any 12-month period in an aggregate amount exceeding
12
$5,000 related to (i) the nomination for election, election,
13
retention, or defeat of any public official or candidate or
14
(ii) any question of public policy to be submitted to the
15
voters.
16
(g) "Limited activity committee" means a political
17
committee for which a person who is nominated to a position
18
that is subject to confirmation by the Senate, including a
19
member of the State Board of Elections, is either an officer or
20
a candidate the committee has designated to support.
21
(Source: P.A. 102-664, eff. 1-1-22
.)
22
(10 ILCS 5/9-1.14)
23
Sec. 9-1.14.
Electioneering communication
and public
24
communication
.
25
(a) "Electioneering communication" means, for the purposes
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LRB104 18217 SPS 31656 b
1
of this Article, any broadcast, cable, or satellite
2
communication, including radio, television, or Internet
3
communication, that (1) refers to (i) a clearly identified
4
candidate or candidates who will appear on the ballot for
5
nomination for election, election, or retention, (ii) a
6
clearly identified political party, or (iii) a clearly
7
identified question of public policy that will appear on the
8
ballot, (2) is made within (i) 60 days before a general
9
election or consolidated election or (ii) 30 days before a
10
primary election, (3) is targeted to the relevant electorate,
11
and (4) is susceptible to no reasonable interpretation other
12
than as an appeal to vote for or against a clearly identified
13
candidate for nomination for election, election, or retention,
14
a political party, or a question of public policy.
15
(b) "Electioneering communication" does not include:
16
(1) A communication, other than an advertisement,
17
appearing in a news story, commentary, or editorial
18
distributed through the facilities of any legitimate news
19
organization, unless the facilities are owned or
20
controlled by any political party, political committee, or
21
candidate.
22
(2) A communication made solely to promote a
23
nonpartisan
candidate debate or forum that is made by or
24
on behalf of the person sponsoring the debate or forum.
25
(3) A communication made as part of a
nonpartisan
26
non-partisan
activity designed to encourage individuals to
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LRB104 18217 SPS 31656 b
1
vote or to register to vote.
2
(4) A communication by an organization operating and
3
remaining in good standing under Section 501(c)(3) of the
4
Internal Revenue Code of 1986.
5
(5) A communication exclusively between a labor
6
organization, as defined under federal or State law, and
7
its members.
8
(6) A communication exclusively between an
9
organization formed under Section 501(c)(6) of the
10
Internal Revenue Code and its members.
11
(c) "Public communication" means, for the purposes of
12
this Article, any broadcast, cable, satellite, radio,
13
television, print, or Internet communication, or any other
14
form of general public political advertising or marketing
15
regardless of medium, including, but not limited to:
16
(1) advertising placed for a fee in a print
17
publication or on a website or other digital medium;
18
(2) outdoor advertising, such as billboards; or
19
(3) mass mailing, phone banking, or text banking
20
delivering an identical or substantially similar message
21
intended to contact 500 or more persons within a 30-day
22
period.
23
(Source: P.A. 96-832, eff. 7-1-10
.)
24
(10 ILCS 5/9-1.15)
25
Sec. 9-1.15.
Independent expenditure.
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LRB104 18217 SPS 31656 b
1
(a) "Independent expenditure" means any payment, gift,
2
donation, or expenditure of funds that:
3
(1) is made for election spending; and
4
(2) is not made in connection, consultation, or
5
concert with or at the request or suggestion of a public
6
official or candidate, the public official or candidate's
7
political committee, or the agent or agents of the public
8
official, candidate, or political committee or campaign.
9
(b) An independent expenditure is not considered a
10
contribution to a political committee. An expenditure made by
11
a person or political committee in connection, consultation,
12
or concert with or at the request or suggestion of the public
13
official or candidate, the public official's or candidate's
14
political committee, or the agent or agents of the public
15
official, candidate, or political committee or campaign shall
16
be considered a contribution to the public official's or
17
candidate's political committee.
18
(c) A person that is not a political committee and that
19
makes an independent expenditure that, alone or in combination
20
with any other independent expenditure made by that person
21
during any 12-month period, equals an aggregate value of at
22
least $5,000 shall file a written disclosure with the State
23
Board of Elections within 2 business days after making any
24
expenditure that results in the person meeting or exceeding
25
the $5,000 threshold. A person who has made a written
26
disclosure with the State Board of Elections shall have a
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LRB104 18217 SPS 31656 b
1
continuing obligation to report further expenditures, in
2
$1,000 increments, to the State Board of Elections until the
3
conclusion of the next general election.
4
(d) A person that makes an independent expenditure
5
supporting or opposing a public official or candidate that,
6
alone or in combination with any other independent expenditure
7
made by that person supporting or opposing that public
8
official or candidate during the election cycle, equals an
9
aggregate value of more than (i) $250,000 for statewide office
10
or (ii) $100,000 for all other elective offices shall file a
11
written disclosure with the State Board of Elections within 2
12
business days after making any expenditure that results in the
13
person exceeding the applicable threshold. Each disclosure
14
shall identify the person, the public official, or candidate
15
supported or opposed, the date, amount, and nature of each
16
independent expenditure, and the person's occupation and
17
employer, if applicable.
18
(e) Every political committee that makes independent
19
expenditures shall report all the independent expenditures as
20
required under Section 9-10.
21
(f) If a political committee organized as an independent
22
expenditure committee makes a contribution to any other
23
political committee other than another independent expenditure
24
committee or a ballot initiative committee, the State Board of
25
Elections shall assess a fine equal to the amount of any
26
contribution received in the preceding 2 years by the
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LRB104 18217 SPS 31656 b
1
independent expenditure committee that exceeded the limits for
2
a political action committee set forth in subsection (d) of
3
Section 9-8.5.
4
"Independent expenditure" means any payment, gift, donation,
5
or expenditure of funds (i) by a natural person or political
6
committee for the purpose of making electioneering
7
communications or of expressly advocating for or against the
8
nomination for election, election, retention, or defeat of a
9
clearly identifiable public official or candidate or for or
10
against any question of public policy to be submitted to the
11
voters and (ii) that is not made in connection, consultation,
12
or concert with or at the request or suggestion of the public
13
official or candidate, the public official's or candidate's
14
designated political committee or campaign, or the agent or
15
agents of the public official, candidate, or political
16
committee or campaign.
17
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
18
(10 ILCS 5/9-1.16 new)
19
Sec. 9-1.16.
Election spending.
"Election spending" means
20
any spending on:
21
(1) express advocacy for or against the nomination for
22
election, election, retention, or defeat of a clearly
23
identifiable public official or candidate or for or
24
against any question of public policy to be submitted to
25
the voters;
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LRB104 18217 SPS 31656 b
1
(2) an electioneering communication;
2
(3) a public communication that promotes, attacks,
3
supports, or opposes a clearly identifiable public
4
official or candidate or any question of public policy to
5
be submitted to the voters;
6
(4) encouraging partisan voter activity, including
7
partisan voter registration, partisan get-out-the-vote
8
activity, or partisan generic campaign activity; or
9
(5) conducting research, design, production, polling,
10
data analytics, mailing or social media list acquisition,
11
or other activities conducted in preparation for or
12
conjunction with activities in paragraphs (1), (2), (3),
13
and (4).
14
(10 ILCS 5/9-1.17 new)
15
Sec. 9-1.17.
Coordinated expenditures.
16
(a) "Coordinated expenditure" means:
17
(1) the republication of a candidate's or political
18
party's campaign materials, unless the republication is
19
used to oppose the candidate or party that created the
20
materials; or
21
(2) an expenditure, regardless of whether it meets at
22
least one conduct standard, that is materially consistent
23
with instructions, directions, or suggestions from a
24
candidate or political concerning the making of
25
expenditures, regardless of whether the instructions,
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directions, or suggestions are publicly available, as
2
determined by the State Board of Elections using factors
3
that include, but are not limited to:
4
(A) noticeable placement of instructions,
5
directions or suggestions, such as on a discrete web
6
page or portion of a web page containing one or more
7
other factors identified in this paragraph;
8
(B) whether the instructions, directions, or
9
suggestions include language indicating that
10
information should be communicated to others, such as
11
the phrase "voters need to know";
12
(C) whether the instructions, directions, or
13
suggestions include targeted audience information,
14
such as specific demographics or the location of
15
intended or suggested recipients; and
16
(D) whether the instructions, directions, or
17
suggestions include suggested methods of
18
communication, such as indicating that recipients need
19
to see, hear, or see on the go; or
20
(2) an expenditure that meets at least one conduct
21
standard and one content standard.
22
(b) "Coordinated expenditure" does not include:
23
(1) a communication that appears in a news story,
24
commentary, or editorial; or
25
(2) an expenditure for a nonpartisan candidate debate
26
or forum.
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(c) For purposes of defining coordinated expenditures:
2
(1) "candidate" includes any person who is a candidate
3
at the time of the expenditure, regardless of whether that
4
person was a candidate at the time the conduct
5
constituting coordination took place;
6
(2) an expenditure "not made totally independently"
7
includes any expenditure made under any expressed or
8
implied agreement with, or any general or particular
9
understanding with, or pursuant to any request by or
10
communication with, the candidate, committee, or political
11
party about the expenditure; and
12
(3) references to candidates or parties include
13
agents, executives, or managers who worked for the persons
14
during the 2 years preceding the expenditure.
15
(d) Conduct constitutes coordination between a spender and
16
the candidate or political party that benefits from the
17
expenditure whenever:
18
(1) an expenditure is not made totally independently
19
of a candidate or party;
20
(2) during the 2 years preceding the expenditure, the
21
candidate, including immediate family members, or party
22
directly or indirectly established, maintained,
23
controlled, or principally funded the spender;
24
(3) during the 2 years preceding the expenditure, a
25
candidate or party official solicited funds for the
26
spender, provided fundraising information to the spender,
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appeared as a speaker at a fundraiser for the spender, or
2
gave permission to be featured in the spender's
3
fundraising efforts;
4
(4) the expenditure is based on information about the
5
candidate's or party's campaign needs that the candidate
6
or party provided to the spender; or
7
(5) during the 2 years preceding the expenditure, the
8
spender employed the services of a person who, during the
9
same period, had executive or managerial authority for the
10
candidate or party, was authorized to raise or expend
11
funds for the candidate or party, or provided the
12
candidate or party with professional services other than
13
accounting or legal services related to campaign or
14
fundraising strategy.
15
(e) An expenditure, when coordinated, constitutes funds
16
spent for the purpose of influencing an election whenever:
17
(1) regarding a candidate or a candidate's political
18
committee, the expenditure is for:
19
(A) a public communication that expressly
20
advocates for or against the nomination or election of
21
a candidate; that supports a candidate's election or
22
opposes a candidate's opponent; or refers to a clearly
23
identified candidate at any time from 120 days before
24
a primary election, nominating caucus or convention,
25
or retention election through the general election;
26
(B) an expenditure for partisan voter activity,
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including voter registration, get-out-the-vote
2
activity, phone banking, or generic campaign activity,
3
in the jurisdiction where the candidate is seeking
4
election; or
5
(C) an expenditure for research, design or
6
production costs, polling expenses, data analytics,
7
creating or purchasing mailing or social media lists,
8
or other activities related to those defined in
9
subparagraphs (A) or (B).
10
(2) regarding a political party, the expenditure is
11
for:
12
(A) a public communication that expressly
13
advocates for the election of a candidate of the
14
political party or against a candidate of an opposing
15
political party; that supports a candidate of the
16
political party or opposes a candidate of an opposing
17
political party, including generically advocating for
18
the political party or against an opposing political
19
party; or refers to a clearly identified candidate or
20
political party at any time from 120 days before a
21
primary election, nominating caucus or convention, or
22
retention election through the general election;
23
(B) an expenditure for partisan voter activity,
24
including voter registration, get-out-the-vote
25
activity, phone banking, or generic campaign activity;
26
or
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(C) an expenditure for research, design or
2
production costs, polling expenses, data analytics,
3
creating or purchasing mailing or social media lists,
4
or other activities related to those defined in
5
subparagraphs (A) or (B).
6
(f) Notwithstanding paragraph (5) of subsection (d),
7
expenditures involving former employees or common agents of a
8
candidate or party will not be deemed coordinated if the
9
spender implements, or causes another person to implement, an
10
effective firewall. A person who relies upon a firewall bears
11
the burden of proof of showing that the firewall was
12
effective. A firewall shall:
13
(1) separate staff who provide a service to the
14
spender in relation to its covered expenditures from other
15
staff who provide services to a candidate or party
16
supported by the spender's expenditures;
17
(2) forbid an organization's owners, executives,
18
managers, and supervisors from simultaneously overseeing
19
the work of staff separated by a firewall;
20
(3) prohibit the flow of strategic nonpublic
21
information between the spender and the candidate or party
22
supported by the covered expenditure and between specific
23
staff who are separated by the firewall;
24
(4) provide for physical and technological separation
25
to ensure that strategic nonpublic information does not
26
flow between the spender and the candidate or party and
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between the specific staff separated by the firewall; and
2
(5) be in written form and distributed to all relevant
3
employees and consultants before any relevant work is
4
performed regarding both the general firewall policy and
5
any specific firewall created under the general firewall
6
policy, and provided to the State Board of Elections upon
7
request.
8
(10 ILCS 5/9-3)
(from Ch. 46, par. 9-3)
9
Sec. 9-3.
Political committee statement of organization.
10
(a) Every political committee shall file with the State
11
Board of Elections a statement of organization within 10
12
business days of the creation of such committee, except any
13
political committee created within the 30 days before an
14
election shall file a statement of organization within 2
15
business days in person, by facsimile transmission, or by
16
electronic mail. Any change in information previously
17
submitted in a statement of organization shall be reported, as
18
required for the original statement of organization by this
19
Section, within 10 days following that change. The Board shall
20
impose a civil penalty of $50 per business day upon political
21
committees for failing to file or late filing of a statement of
22
organization. Such penalties shall not exceed $5,000, and
23
shall not exceed $10,000 for statewide office political
24
committees. There shall be no fine if the statement is mailed
25
and postmarked at least 72 hours prior to the filing deadline.
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In addition to the civil penalties authorized by this
2
Section, the State Board of Elections or any other political
3
committee may apply to the circuit court for a temporary
4
restraining order or a preliminary or permanent injunction
5
against the political committee to cease the expenditure of
6
funds and to cease operations until the statement of
7
organization is filed.
8
For the purpose of this Section, "statewide office" means
9
the Governor, Lieutenant Governor, Secretary of State,
10
Attorney General, State Treasurer, and State Comptroller.
11
(b) The statement of organization shall include:
12
(1) the name and address of the political committee
13
and the designation required by Section 9-2;
14
(2) the scope, area of activity, party affiliation,
15
and purposes of the political committee;
16
(3) the name, address, and position of each custodian
17
of the committee's books and accounts;
18
(4) the name, address, and position of the committee's
19
principal officers, including the chairman, treasurer, and
20
officers and members of its finance committee, if any;
21
(5) (blank);
22
(6) a statement of what specific disposition of
23
residual fund will be made in the event of the dissolution
24
or termination of the committee;
25
(7) a listing of all banks or other financial
26
institutions, safety deposit boxes, and any other
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repositories or custodians of funds used by the committee;
2
and
3
(8) the amount of funds available for campaign
4
expenditures as of the filing date of the committee's
5
statement of organization.
6
(c) Each statement of organization required to be filed in
7
accordance with this Section shall be verified, dated, and
8
signed by either the treasurer of the political committee
9
making the statement or the candidate on whose behalf the
10
statement is made and shall contain substantially the
11
following verification:
12
"VERIFICATION:
13
I declare that this statement of organization (including
14
any accompanying schedules and statements) has been examined
15
by me and, to the best of my knowledge and belief, is a true,
16
correct, and complete statement of organization as required by
17
Article 9 of the Election Code. I understand that willfully
18
filing a false or incomplete statement is subject to a civil
19
penalty of at least $1,001 and up to $5,000.
20
................ ..........................................
21
(date of filing) (signature of person making the statement)".
22
(d) The statement of organization for a ballot initiative
23
committee also shall include a verification signed by the
24
chairperson of the committee that (i) the committee is formed
25
for the purpose of supporting or opposing a question of public
26
policy, (ii) all contributions
received
and expenditures
made
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by
of
the committee will be used for the purpose described in
2
the statement of organization, (iii) the committee may accept
3
unlimited contributions from any source, provided that the
4
ballot initiative committee does not make contributions or
5
expenditures in support of or opposition to a candidate or
6
candidates for nomination for election, election, or
7
retention, and (iv) failure to abide by these requirements
8
shall deem the committee in violation of this Article.
9
(d-5) The statement of organization for an independent
10
expenditure committee also shall include a verification signed
11
by the chairperson of the committee that (i) the committee is
12
formed for the
exclusive
purpose of making independent
13
expenditures, (ii) all contributions
received
and expenditures
14
made by
of
the committee will be used for the purpose described
15
in the statement of organization, (iii) the committee may
16
accept unlimited contributions from any source, provided that
17
the independent expenditure committee does not make
18
contributions to any candidate political committee, political
19
party committee, or political action committee, and (iv)
20
failure to abide by these requirements shall deem the
21
committee in violation of this Article.
22
(e) For purposes of implementing the changes made by this
23
amendatory Act of the 96th General Assembly, every political
24
committee in existence on the effective date of this
25
amendatory Act of the 96th General Assembly shall file the
26
statement required by this Section with the Board by December
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31, 2010.
2
(Source: P.A. 103-467, eff. 8-4-23.)
3
(10 ILCS 5/9-3.7 new)
4
Sec. 9-3.7.
Transfer records for independent expenditures.
5
(a) For the purposes of this Article:
6
"Business income" means:
7
(1) funds received by a person in commercial
8
transactions in the ordinary course of a person's regular
9
trade, business, or investments; or
10
(2) membership or union dues to the extent that they
11
do not exceed $5,000 from a person in a calendar year.
12
"Covered entity" means any person, including a natural
13
person or political committee, who spends $10,000 or more in
14
an election cycle on independent expenditures, or who accepts
15
$10,000 or more in an election cycle of in-kind contributions
16
to enable independent expenditures, but does not include:
17
(1) individuals who spend only their own personal
18
funds for independent expenditures;
19
(2) organizations that spend only their own business
20
income for independent expenditures;
21
(3) any political committee, other than a candidate
22
political committee or a political party committee, that
23
receives no more than $12,000 in contributions from any
24
one person in a calendar year; and
25
(4) any candidate political committee or political
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1
party committee.
2
"Identity" means:
3
(1) in the case of a natural person, the name, mailing
4
address, occupation, and employer of the individual; and
5
(2) in the case of any other entity, the full name and
6
address, federal tax status, and state of incorporation or
7
partnership, if any, of the entity.
8
"Original funds" means business income or the personal
9
funds of an individual.
10
"Personal funds" means:
11
(1) any asset of an individual that the individual has
12
legal control over and rightful title to; and
13
(2) income received by an individual, including salary
14
and other earned income from bona fide employment,
15
dividends and proceeds from the individual's personal
16
investments, bequests to the individual, including income
17
from trusts established by bequests, and a portion of
18
assets that are jointly owned by the individual and the
19
individual's spouse equal to the individual's share of the
20
asset under the instrument of conveyance or ownership, but
21
if no specific share is indicated by an instrument of
22
conveyance or ownership, the value of one-half of the
23
property.
24
"Personal funds" does not mean any asset or income
25
received from any person for the purpose of influencing any
26
election.
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1
"Traceable funds" means funds that have been given to a
2
covered entity and for which no donor has opted out of their
3
use or transfer for independent expenditures or funds used to
4
finance in-kind contributions to a covered entity to enable
5
independent expenditures.
6
"Transfer records" means a written record of the identity
7
of the persons who directly or indirectly contributed or
8
transferred original funds used for independent expenditures,
9
the amounts of those contributions or transfers, and how the
10
funds are disbursed.
11
(b) A covered entity that spends $10,000 or more on
12
independent expenditures in the 12 months prior to an
13
election, or who accepts $10,000 or more in an election cycle
14
of in-kind contributions to enable independent expenditures,
15
shall maintain transfer records. For the purposes of this
16
Article, the amount of a covered entity's expenditures
17
includes independent expenditures made by entities
18
established, financed, maintained, or controlled by that
19
committee or its officers.
20
(c) Before a covered entity can use or transfer a donor's
21
funds for independent expenditures, the donor shall be
22
notified in writing that the funds may be so used and shall be
23
given an opportunity to opt out of having the donation used or
24
transferred for the spending. The notice under this subsection
25
shall:
26
(1) inform donors that their contributions may be used
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1
for independent expenditures in Illinois and that
2
information about donors may have to be reported to the
3
State Board of Elections for disclosure to the public; and
4
(2) inform donors that they can opt out of having
5
their contributions used or transferred for independent
6
expenditures in Illinois by so notifying the covered
7
entity in writing within 21 days.
8
The notice required under this subsection may be provided
9
to the donor before or after the covered entity receives the
10
contribution, but the contribution may not be used or
11
transferred for independent expenditures until 21 days after
12
the notice is provided or until the donor provides written
13
consent, whichever is earlier.
14
(d) Any person who contributes $10,000 or more in
15
aggregate in traceable funds in an election cycle to a covered
16
entity shall inform that entity, within 10 days after
17
receiving a written request from the covered entity, of the
18
identities of persons who directly or indirectly contributed
19
$1,000 or more in original funds being transferred, the
20
amounts of the persons' original funds being transferred, and
21
any persons who have previously transferred the original
22
funds. If more than one transfer has previously occurred, the
23
contributor shall disclose all previous transfers and
24
intermediaries. The contributor shall maintain these records
25
for at least 5 years and provide them, upon request, to the
26
State Board of Elections.
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(e) Any person who makes an in-kind contribution to a
2
covered entity of $10,000 or more in an election cycle to
3
enable independent expenditures shall inform that person, at
4
the time the in-kind contribution is made or promised to be
5
made, of the identities of persons who directly or indirectly
6
contributed or provided $1,000 or more in original funds used
7
to finance the in-kind contribution, the amounts of the
8
persons' original funds so used, and any persons who had
9
previously transferred original funds. If more than one
10
transfer had previously occurred, the in-kind contributor
11
shall disclose all previous transfers and intermediaries. The
12
in-kind contributor shall maintain these records for at least
13
5 years and provide them, upon request, to the State Board of
14
Elections.
15
(f) A candidate political committee or a political party
16
committee that accepts more than an aggregate of $12,000 in
17
contributions from any one person in a calendar year shall:
18
(1) inform the contributors that their contributions
19
may be used for election spending in Illinois and that
20
information about them will be reported to the State Board
21
of Elections for disclosure to the public;
22
(2) inform the contributors that they shall provide to
23
the committee, within 10 days making contributions that
24
exceed an aggregate of $12,000 in a calendar year, the
25
identities of persons who directly or indirectly
26
contributed or provided $1,000 or more in original funds
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1
being transferred to the committee, the amounts of the
2
persons' original funds so transferred, and any persons
3
who had previously transferred original funds. If more
4
than one transfer had previously occurred, the contributor
5
shall disclose all previous transfers and intermediaries;
6
and
7
(3) include the information provided by the
8
contributors in the committee's reports disclosing
9
contributions, including regular quarterly reports and
10
reports on contributions of $1,000 or more as required
11
under subsection (c) of Section 9-10.
12
(g) A contributor who receives the notice provided in
13
subsection (f) shall provide to the notifying committee the
14
information specified in paragraph (2) subsection (f) within
15
10 days after making contributions that exceed an aggregate of
16
$12,000 in a calendar year. The contributor shall maintain
17
records of this information for at least 5 years and provide
18
them, upon request, to the State Board of Elections.
19
(10 ILCS 5/9-3.10 new)
20
Sec. 9-3.10.
Additional reporting requirements for
21
entities making independent expenditures.
22
(a) A covered entity that is also a political committee
23
registered with the State Board of Elections shall, in
24
addition to the reporting requirements set forth elsewhere in
25
this Article, include the following information on reports
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1
that it makes to the State Board of Elections:
2
(1) on the committee statement of organization:
3
(A) the identity of any affiliated person who
4
maintains its own transfer records and that person's
5
relationship to the covered entity;
6
(B) the name, address, and position of the
7
individual who is the custodian of the transfer
8
records;
9
(2) on reports disclosing contributions, including
10
regular quarterly reports and reports on contributions of
11
$1,000 or more as required under subsection (c):
12
(A) each contributor of original funds who has
13
contributed, directly or indirectly, more than $5,000
14
of traceable funds or in-kind contributions during the
15
election cycle to the covered entity, and the date and
16
amount of each of the contributor's contributions;
17
(B) the identity of persons who acted as
18
intermediaries who transferred, in whole or part,
19
traceable funds from original sources to the covered
20
entity, and the date, amount, and source (original and
21
intermediate) of the transferred funds;
22
(C) the identity of each person who received from
23
the covered entity disbursements aggregating to $1,000
24
or more of traceable funds during the election cycle
25
and the date and purpose of each disbursement,
26
including the full name and office sought of any
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1
candidate that was supported, opposed, or referenced
2
in a public communication that was financed, in whole
3
or part, with the disbursement; and
4
(D) the identity of any person whose aggregate
5
contributions of traceable funds to the covered entity
6
constituted more than half of the funds of the covered
7
entity at the start of the election cycle.
8
(b) A covered entity that is not a political committee
9
shall file the following reports with the State Board of
10
Elections as follows:
11
(1) within 10 days after first disbursing $10,000 or
12
more in aggregate during an election cycle on independent
13
expenditures, or accepting $10,000 or more in aggregate
14
during an election cycle of in-kind contributions to
15
enable independent expenditures, the covered entity shall
16
file an initial report that discloses:
17
(A) the identity of the person who owns or
18
controls the traceable funds;
19
(B) the identity of any affiliated person who
20
maintains its own transfer records and that person's
21
relationship to the covered entity;
22
(C) the name, address, and position of the
23
individual who is the custodian of the transfer
24
records;
25
(D) the name, address, and position of at least
26
one individual who can control, directly or
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1
indirectly, how the traceable funds are disbursed;
2
(E) the total amount of traceable funds owned or
3
controlled by the covered entity on the date of the
4
report;
5
(F) each contributor of original funds who has
6
contributed, directly or indirectly, more than $5,000
7
of traceable funds or in-kind contributions during the
8
election cycle to the covered entity, and the date and
9
amount of each of the contributor's contributions;
10
(G) the identity of persons who acted as
11
intermediaries who transferred, in whole or part,
12
traceable funds from original sources to the covered
13
entity, and the date, amount, and source (original and
14
intermediate) of the transferred funds;
15
(H) the identity of each person who received from
16
the covered entity disbursements aggregating to $1,000
17
or more of traceable funds during the election cycle
18
and the date and purpose of each disbursement,
19
including the full name and office sought of any
20
candidate that was supported, opposed, or referenced
21
in a public communication that was financed, in whole
22
or part, with the disbursement; and
23
(I) the identity of any person whose aggregate
24
contributions of traceable funds to the covered entity
25
constituted more than half of the funds of the covered
26
entity at the start of the election cycle;
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1
(2) after its initial report and each time the covered
2
entity disburses another $10,000 or more in aggregate
3
during the election cycle on independent expenditures, or
4
receives another $10,000 in aggregate during the election
5
cycle of in-kind contributions to enable independent
6
expenditures, the covered entity shall file an additional
7
report within 10 days that shall disclose any information
8
that has changed since it was previously reported under
9
paragraph (1); and
10
(3) when information has changed since it was
11
previously reported under paragraph (1) but has not yet
12
been reported, the changed information shall be reported
13
within 20 days, except the reporting person need not
14
report the changes that occur more than 2 years after the
15
most recent report under this Section was filed.
16
(10 ILCS 5/9-10)
(from Ch. 46, par. 9-10)
17
Sec. 9-10.
Disclosure of contributions and expenditures.
18
(a) The treasurer of every political committee shall file
19
with the Board reports of campaign contributions and
20
expenditures as required by this Section on forms to be
21
prescribed or approved by the Board.
22
(b) Every political committee shall file quarterly reports
23
of campaign contributions, expenditures, and independent
24
expenditures. The reports shall cover the period January 1
25
through March 31, April 1 through June 30, July 1 through
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1
September 30, and October 1 through December 31 of each year. A
2
political committee shall file quarterly reports no later than
3
the 15th day of the month following each period. Reports of
4
contributions and expenditures must be filed to cover the
5
prescribed time periods even though no contributions or
6
expenditures may have been received or made during the period.
7
A report is considered timely filed if it is received by the
8
Board no later than 11:59 p.m. on the deadline or postmarked no
9
later than 3 days prior to the deadline.
10
(c) A political committee shall file a report of any
11
contribution of $1,000 or more electronically with the Board
12
within 5 business days after receipt of the contribution,
13
except that the report shall be filed within 2 business days
14
after receipt if (i) the contribution is received 30 or fewer
15
days before the date of an election and (ii) the political
16
committee supports or opposes a candidate or public question
17
on the ballot at that election or makes expenditures in excess
18
of $500 on behalf of or in opposition to a candidate,
19
candidates, a public question, or public questions on the
20
ballot at that election. The State Board shall allow filings
21
of reports of contributions of $1,000 or more by political
22
committees that are not required to file electronically to be
23
made by facsimile transmission. It is not a violation of this
24
subsection (c) and a political committee does not need to file
25
a report of a contribution of $1,000 or more if the
26
contribution is received and returned within the same period
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1
it is required to be disclosed on a quarterly report.
2
(d) For the purpose of this Section, a contribution is
3
considered received on the date (i) a monetary contribution
4
was deposited in a bank, financial institution, or other
5
repository of funds for the committee, (ii) the date a
6
committee receives notice a monetary contribution was
7
deposited by an entity used to process financial transactions
8
by credit card or other entity used for processing a monetary
9
contribution that was deposited in a bank, financial
10
institution, or other repository of funds for the committee,
11
or (iii) the public official, candidate, or political
12
committee receives the notification of contribution of goods
13
or services as required under subsection (b) of Section 9-6.
14
(e) A political committee that makes independent
15
expenditures of $1,000 or more shall file a report
16
electronically with the Board within 5 business days after
17
making the independent expenditure, except that the report
18
shall be filed within 2 business days after making the
19
independent expenditure during the 60-day period before an
20
election.
21
(e-5) An independent expenditure committee that makes an
22
independent expenditure supporting or opposing a public
23
official or candidate that, alone or in combination with any
24
other independent expenditure made by that independent
25
expenditure committee supporting or opposing that public
26
official or candidate during the election cycle, equals an
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1
aggregate value of more than (i) $250,000 for statewide office
2
or (ii) $100,000 for all other elective offices must file a
3
written disclosure with the State Board of Elections within 2
4
business days after making any expenditure that results in the
5
independent expenditure committee exceeding the applicable
6
threshold.
7
(f) A copy of each report or statement filed under this
8
Article shall be preserved by the person filing it for a period
9
of two years from the date of filing.
10
(g) The Board may assess a civil penalty against a
11
committee
or covered entity
for any violation of this Section
12
or Sections 9-3.5, 9-3.10, or 9-10.5
. The Board shall provide
13
notice of any violation no later than
5 years
365 days
after
14
the date of the violation and provide the committee
or covered
15
entity
with an opportunity to appeal a violation. A committee
16
or covered entity
shall not be fined if notice is not provided
17
as required by this subsection. The fine assessed by the Board
18
for a violation of this Section shall not
be less than the
19
amount contributed or undisclosed, and not more than the
20
greater of double that amount or $10,000
exceed the amount of
21
the contribution and may be no more than $500 for the first
22
violation, no more than $1,000 for the second violation, no
23
more than $2,000 for a third violation, and no more than $3,000
24
for any subsequent violations
. When determining
the amount of
25
the fine
whether to waive or reduce a fine
, the Board shall
26
consider: (1) whether the political committee
or covered
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1
entity
made an attempt to disclose the contribution and any
2
attempts made to correct the violation; (2) whether the
3
violation was inadvertent, knowingly, or intentional; (3)
4
whether the violation is attributed to a clerical or computer
5
error; (4) the amount of the contribution or total
6
contributions in the report; (5) whether the violation arose
7
from a discrepancy between the date the contribution was
8
reported and the date the contribution was received by a
9
political committee
or covered entity
; (6) the number of days
10
the report was submitted late; and (7) any prior violations.
11
(Source: P.A. 102-668, eff. 11-15-21.)
12
(10 ILCS 5/9-10.5 new)
13
Sec. 9-10.5.
Disclosure of original contributors on
14
independent expenditures for public communications.
15
(a) Independent expenditures for public communications
16
financed by covered entities, including in-kind contributions
17
of communications accepted by covered entities, shall include
18
the following information:
19
(1) Visual public communications. Any public
20
communication that has a visual component shall clearly
21
and conspicuously display the names of the top 3 donors
22
who directly or indirectly donated $10,000 or more during
23
the election cycle to the covered entity. This disclaimer
24
shall include the following written statement: "(3
25
persons) are the top (3) donors who helped pay for this
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1
message".
2
(2) Audio public communications. Any public
3
communication that has an audio component shall clearly
4
and conspicuously state the names of the top 3 donors who
5
directly or indirectly donated $10,000 or more during the
6
election cycle to the covered entities. This disclaimer
7
shall include the following audio statement: "(3 persons)
8
are the top (3) donors who helped pay for this message."
9
(b) The top 3 donors shall be determined by calculating
10
the 3 donors of traceable funds that have contributed the most
11
original funds, directly or indirectly, during the election
12
cycle to the covered entities.
13
(c) For purposes of this Section, contributions of
14
traceable funds made in prior election cycles shall be
15
considered to have been contributed in the current election
16
cycle if the contributor's aggregate contributions of original
17
funds to the covered entities constituted more than half of
18
the person's traceable funds at the start of the election
19
cycle.
20
(d) If multiple contributors have contributed identical
21
amounts such that there is no difference in contributed
22
amounts between the third-highest contributor and the
23
fourth-highest or lower, the contributor who most recently
24
contributed to the covered entity shall be deemed a top 3
25
donor.
26
(e) No contributor of traceable funds shall be deemed a
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1
top 3 donor if its aggregate contributions of original funds
2
during the election cycle to the covered entity are less than
3
$10,000.
4
(f) If no person meets the $10,000 threshold in subsection
5
(e), but one or more intermediaries transferred, directly or
6
indirectly, more than $10,000 of traceable funds to the
7
covered entity during the election cycle, then the
8
intermediaries' transfers shall be treated as original funds
9
for purposes of the disclaimer required by this section.
10
(10 ILCS 5/9-22)
(from Ch. 46, par. 9-22)
11
Sec. 9-22.
(a)
Any party to a Board hearing, any person who
12
files a complaint on which a hearing was denied or not acted
13
upon within the time specified in Section 9-21 of this Act, and
14
any party adversely affected by a judgment of the Board may
15
obtain judicial review, which shall be governed by the
16
provisions of the Administrative Review Law, as amended, and
17
all amendments and modifications thereof and the rules adopted
18
pursuant thereto, except that--
19
(1) such judicial review shall be afforded directly in the
20
Appellate Court for the District in which the cause of action
21
arose and not in the Circuit Court,
22
(2) such judicial review shall be obtained by filing a
23
petition for review within 7 days after entry of the order of
24
other action complained of,
25
(3) the time limit for filing such petition for review may
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1
be waived with the consent of all parties involved, and
2
(4) if such petition for review is appealing an order of
3
the Board, the effect of such order of the Board shall not be
4
stayed unless the Appellate Court so orders upon the motion of
5
the petitioner and upon prior notice to the Board.
6
(b) In reviewing the Board's dismissal of or failure to
7
act upon a complaint, the court shall review de novo whether
8
the Board's dismissal or failure to act was reasonable. The
9
court shall disregard any claim or defense by the Board of
10
prosecutorial discretion as a basis for dismissing or failing
11
to act upon the complaint.
12
(Source: P.A. 82-783.)
13
(10 ILCS 5/9-28.5)
14
Sec. 9-28.5.
Injunctive relief for
election spending
15
electioneering communications
.
16
(a) Whenever the Attorney General, or a State's Attorney
17
with jurisdiction over any portion of the relevant electorate,
18
believes that any person, as defined in Section 9-1.6, is
19
conducting election spending
making, producing, publishing,
20
republishing, or broadcasting an electioneering communication
21
paid for by any person, as defined in Section 9-1.6, who has
22
not first complied with the registration and disclosure
23
requirements of this Article, he or she may bring an action in
24
the name of the People of the State of Illinois or, in the case
25
of a State's Attorney, the People of the County, against such
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1
person or persons to restrain by preliminary or permanent
2
injunction the
conducting of election spending
making,
3
producing, publishing, republishing, or broadcasting of such
4
electioneering communication
until the registration and
5
disclosure requirements have been met.
6
(b) Any political committee that believes any person, as
7
defined in Section 9-1.6, is
conducting election spending
8
making, producing, publishing, republishing, or broadcasting
9
an electioneering communication
paid for by any person, as
10
defined in Section 9-1.6, who has not first complied with the
11
registration and disclosure requirements of this Article may
12
bring an action in the circuit court against such person or
13
persons to restrain by preliminary or permanent injunction the
14
conducting of election spending
making, producing, publishing,
15
republishing, or broadcasting of such electioneering
16
communication
until the registration and disclosure
17
requirements have been met.
18
(c) Whenever the Attorney General, or a State's Attorney
19
with jurisdiction over any portion of the relevant electorate,
20
believes that any person, as defined in Section 9-1.6, is
21
engaging in independent expenditures, as defined in this
22
Article, who has not first complied with the registration and
23
disclosure requirements of this Article, he or she may bring
24
an action in the name of the People of the State of Illinois
25
or, in the case of a State's Attorney, the People of the
26
County, against such person or persons to restrain by
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1
preliminary or permanent injunction the making of such
2
expenditures until the registration and disclosure
3
requirements have been met.
4
(d) Any political committee that believes any person, as
5
defined in Section 9-1.6, is engaging in independent
6
expenditures, as defined in this Article, who has not first
7
complied with the registration and disclosure requirements of
8
this Article may bring an action in the circuit court against
9
such person or persons to restrain by preliminary or permanent
10
injunction the making of independent expenditures until the
11
registration and disclosure requirements have been met.
12
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
13
(10 ILCS 5/9-55 new)
14
Sec. 9-55.
Prohibition on structured contributions.
No
15
person shall, for the purpose of evading the reporting
16
requirements of this Article or any rule adopted under this
17
Article, structure or assist in structuring, or attempt to
18
structure or assist in structuring, any solicitation,
19
contribution, expenditure, disbursement, or other transaction.
20
The penalty for any violation of this Section shall be a
21
penalty of not less than the amount contributed or spent, and
22
not more than the greater of double that amount or $10,000.
23
(10 ILCS 5/9-8.6 rep.)
24
Section 10.
The Election Code is amended by repealing
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1
Section 9-8.6.
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