12.15.2009

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Updates

New Campaign Contribution Limits

The new law, Public Act 96-0832 substantially overhauls regulation of the campaign finance process in Illinois and adopts the state’s first general contribution limits. Now that Gov. Quinn has signed the bill, many changes to registration and disclosure requirements will become effective on July 1, 2010; others, along with the campaign contribution limits set forth below, will become effective on January 1, 2011.

Public Act 96-0832 differentiates types of political committees based on whether their purpose is to support a candidate, a political party, or a ballot initiative. An individual may be subject to filing and disclosure obligations if he or she meets threshold tests. The new law requires political committees to record all contributions, regardless of amount, and to disclose the identity of certain people who have collected contributions on behalf of the committee.

Aggregate contribution limits vary by donor and recipient as follows:

 RECIPIENTS

D
O
N
O
R
S

 

Candidate Political Committee

(during election cycle)

Political Party Committee

(per calendar year)

Political Action Committee

(per calendar year)

Ballot Initiative Committee

(per calendar year)

Individual

$5,000

$10,000

$10,000

Unlimited

Corporation, Labor Organization or Association

$10,000

$20,000

$20,000

Unlimited

Candidate Political Committee

$50,000

$50,000 during primary election cycle; unlimited otherwise

$50,000

Unlimited

Political Action Committee

$50,000

$50,000

$50,000

Unlimited

Political Party Committee

Limited during primary election cycle; unlimited during general election

$50,000 during primary election cycle; unlimited otherwise

$20,000

Unlimited

The General Assembly passed this legislation after much debate regarding the right of legislative leaders and political parties to contribute to candidate political committees. The bill limits political party contributions to political candidate committees during primary election cycles to amounts ranging from $50,000 to $200,000, based on the office the candidate seeks. Candidate political committees may accept contributions from only one legislative caucus committee. Contributions to candidate political committees from political party committees are unlimited outside of the primary election cycle.

This table provides general guidance only. The Illinois State Board of Elections will adjust these limits for inflation in odd-numbered years. Additionally, specific factual scenarios may change applicable limits. For example, contribution limits may not apply to any candidate in a race for public office if one of the candidates files a notice of self-funding. Similarly, certain limits do not apply to political party committees that file statements of nonparticipation as long as they do not contribute to candidates during the primary election cycle.

Independent expenditures – those made to third parties for the purpose of making electioneering communications or otherwise advocating for or against a candidate – are not subject to contribution limits unless they are made in connection, consultation, or concert with the public official, candidate or candidate’s political committee, or their respective agents. Those making such expenditures, however, may need to file certain reports with the Illinois State Board of Elections and should consult with counsel before making any expenditure that will exceed $3,000 in the aggregate during an election cycle.

This law drastically increases Illinois’ regulation of campaign financing, imposing broad contribution limits for the first time. A legislatively created task force will evaluate the viability of publicly financed campaigns and certain aspects of this law, so more changes could be coming. The new contribution limits are certain to raise many questions, and anyone seeking to participate in the electoral process by making campaign contributions should consult with counsel to evaluate compliance with this new comprehensive regulatory scheme.


 

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