Illinois Administrative Code
Title 26 - ELECTIONS
Part 100 - CAMPAIGN FINANCING
Section 100.75 - Limitation on Campaign Contributions
Current through Register Vol. 48, No. 12, March 22, 2024
Political committees are limited in the amount of contributions that they can accept. Appendix A, Table A lists the 6 types of political committees (candidate, political party, political action, ballot initiative, independent expenditure, and limited activity committees) and the specific contribution limitations applicable to each. Appendix A, Table B lists the election cycles for candidate political committees (subdivided according to the office sought), political party committees, political action committees, ballot initiative committees, independent expenditure committees, and limited activity committees.
a) A candidate political committee formed by a candidate who seeks nomination at a general primary election or a consolidated primary election is subject to limitations as to what amount it may receive in contributions from a political party committee during a primary election cycle. For this purpose, the primary election cycle begins with the day the candidate may begin circulating petitions and ends on the day of the primary election.
b) Political committees on file with the FEC that file pursuant to Section 100.60 may not make contributions to other political committees that are on file with the State Board of Elections exceeding the limits set forth in Code Section 9-8.5, except as provided in Code Section 9-8.5(c).
c) For political committees referred to in Code Section 9-1.8 (candidate, political party, political action, and limited activity), any contribution or transfer received in violation of Code Section 9-8.5 shall be disposed of within 30 days after being sent notice from the Board by:
d) If a political committee is determined to have received a contribution or transfer in violation of Code Section 9-8.5, the Board will send, by first class mail, a notice to the committee and its officers of the apparent violation. The notice shall identify the contributions at issue, along with the committee's options under Code Section 9-8.5(j) and subsection (c) of this Section for disposing of the contributions (returning the amount to the contributor or donating the amount to a charity), and informing the committee that whatever disposal action it takes must be completed within 30 days after the date on the notice.
e) If a political committee fails to dispose of the contribution or transfer as provided in subsection (c):
f) When considering the amount of the civil penalty to be imposed, the Board will consider all relevant factors, including, but not limited to, the following:
g) When a contribution is determined to have been received by a political committee in violation of Code Section 9-8.5(a) through (d) and it is further determined that the committee has not taken the remedial action required by Code Section 9-8.5(j) and subsection (c) of this Section, the Board will send, by first class mail, notice of violation to the chair and the treasurer of each political committee, and by certified mail to the address of the committee, together with an order assessing a civil penalty calculated in accord with this subsection (g). The notice of violation shall state that the Board has assessed a civil penalty that will be final unless the committee shows cause as to why the penalty should not be assessed. The provisions of 26 Ill. Adm. Code 125.425 relating to procedures to appeal civil penalty assessments shall apply to penalties assessed under this Section.
h) For purposes of adjusting the amounts of contribution limitations under Code Section 9-8.5(g), the Board will base the adjustments on the Consumer Price Index for All Urban Consumers - US City Average (Not Seasonally Adjusted), as provided by the U.S. Department of Labor. Adjustments shall be calculated:
i) For purposes of Code Section 9-8.5(b), an election cycle ending on the date of the consolidated primary election shall end on that date even if no consolidated primary election is held in that jurisdiction. The election cycle for the consolidated election shall begin on the day after the date of the consolidated primary election, even if no consolidated primary election is held in that jurisdiction. The election cycle for the consolidated election shall begin on the day after the date of the consolidated primary election and end on June 30 of that year even if the candidate was only on the ballot at the consolidated primary election and not on the ballot at the consolidated election.
j) For purposes of Code Section 9-8.5(b-5):
k) For purposes of Code Section 9-8.5(h):
l) For purposes of Code Section 9-8.5:
m) For purposes of reporting of contributions, a contribution made via a check or other similar written instrument with more than one individual's name imprinted on it, but containing only one signature, shall be reported as coming solely from the signer, unless the instrument is accompanied by a written statement, signed by each individual making the contribution, declaring that the contribution was meant to be given by each of the undersigned individuals and declaring the amount of the contribution to be attributed to each of the individuals.
n) For purposes of determining contribution limits under Code Section 9-8.5, the term "corporation, labor union or association" shall include any "business entity" organized as either for profit or not for profit, and shall include, but not be limited to, a partnership, sole proprietorship, limited liability company or limited liability partnership.