The Illinois General Assembly is considering SJRCA0001, a constitutional amendment to remove the prohibition against multiple personal income tax rates, essentially permitting an Illinois state graduated income tax. The Senate has approved the amendment and if the House does as well it will go before the voters for ratification on the 2020 ballot.

Per Article XIV, Section 2(b) of the Illinois state constitution there are two possible ways the proposed amendment could be ratified by the voters:

A proposed amendment shall become effective as the amendment provides if approved by either three-fifths of those voting on the question or a majority of those voting in the election.

That means it will either need 60% of the Yes votes or it will need a simple majority of Yes votes among all ballots cast. There will be some voters who cast a ballot but for whatever reason don't vote on this item on their ballot, those voters are included in the simple majority calculation for the latter ratification method.

For those who are working to try to ratify the amendment which of the two methods is easier? That depends, specifically it depends on the dropoff rate, the percentage of voters who cast a ballot but don't vote on this measure. If the dropoff rate is 0.00%, if every voter who takes a ballot votes on the amendment, then the denominator of both calculations is the same and you only need a simple majority of voters to ratify the amendment. However as the dropoff rate increases so does the threshold for ratification. If the dropoff rate is less than 16.667% it's easier to get a simple majority of those voting in the election than three-fifths of those voting on the question, otherwise the 60% threshold is the only path.

Here's a table showing the ratification and dropoff history for amendments going back to the 70's, based on this data source (see notes 1 & 2 below for data concerns). In the 80's and 90's it was common to have dropoff rates that were very large but that has changed in recent years. Looking back on the last three amendments to go before the voters all three had a dropoff rate lower than 16.667%.

 
CycleIssueTotal VotesBallots CastDropoff
2016Transportation Lockbox4,811,1155,627,14914.50%
2014Victim's Bill of Rights3,382,4663,680,4178.10%
2014Voter Discrimination3,310,2953,680,41710.06%
2012Pension Benefits4,337,8885,236,12017.15%
2010Governor Recall3,285,6173,780,77913.10%
2008ConCon4,555,9275,539,17217.75%
1998Courts Commission2,084,1233,541,37941.15%
1994Rights After Indictment2,431,9083,219,12224.45%
1994Effective Date of Laws2,144,2003,219,12233.39%
1992Crime Victim's Rights3,680,1945,164,35728.74%
1992Education3,300,0895,164,35736.10%
1990Tax Sales1,390,3183,420,72059.36%
1988Voting Qualifications3,249,0024,697,19230.83%
1988Delinquent Tax Sales2,533,0754,697,19246.07%
1988ConCon3,627,2534,697,19222.78%
1986Bail and Habeas Corpus1,771,1333,322,65746.70%
1986Veterans' Property Tax Exemption1,588,3463,322,65752.20%
1984Veterans' Property Tax Exemption2,190,3454,969,33055.92%
1982Bail1,629,1763,856,87557.76%
1980Legislative Article (Cutback Amendment)3,074,5494,868,62336.85%
1980Revenue Article (Delinquent Tax Sales)2,656,4074,868,62345.44%
1978Personal Property Tax1,686,2613,342,98549.56%
1978Veterans Organizations' Post Homes Exemption1,554,4863,342,98553.50%
1974Governor's Amendatory Veto2,632,0323,047,82213.64%
 

Oddly enough, of those three the transportation lockbox amendment probably had the most media attention, but it had a higher dropoff rate than either of those in 2014. That may be due to the fact that it was the only one of the three on the ballot in a presidential election year, where you have more low-information voters participating who may not vote all the way down the ballot.

Why have modern elections had a much lower dropoff rate than those from late last century? It's hard to say but a likely explanation has to do with changes in the way we vote. It varies county to county but many counties in the state now have touchscreen voting machines or other electronic methods and it's common for those voting systems to warn voters when they've undervoted any questions and we're seeing a significant reduction in dropoff votes now.

Here's a table of the Yes vote needed to pass the measure with a simple majority of all ballots cast at different dropoff rates:

 
DropoffYes/BCYes %
0.00%50.01%50.01%
1.00%50.01%50.52%
2.00%50.01%51.03%
3.00%50.01%51.56%
4.00%50.01%52.09%
5.00%50.01%52.64%
6.00%50.01%53.20%
7.00%50.01%53.77%
8.00%50.01%54.36%
9.00%50.01%54.96%
10.00%50.01%55.57%
11.00%50.01%56.19%
12.00%50.01%56.83%
13.00%50.01%57.48%
14.00%50.01%58.15%
15.00%50.01%58.84%
16.00%50.01%59.54%
16.67%50.01%60.01%
 

If the dropoff rate for the upcoming vote is only 1% then it will simply need a Yes vote of 50.52% to pass, if the dropoff rate is 15% it will need a Yes vote of 58.84% to pass. It will automatically pass with a Yes vote of 60% or greater via the "three-fifths of those voting on the question" method.

Both sides are already spending on TV at a significant rate and that is before the measure has passed both houses of the General Assembly, it's likely that if the measure goes before the voters for ratification the media spending will grow even further. That kind of paid media attention will probably reduce the dropoff rate lowering the threshold needed for passage. That presents a difficult predicament for opponents, by bringing more attention to the measure, even negative attention, it will likely reduce the dropoff rate lowering the threshold needed for passage but they really don't have better options. If opponents encourage voters to skip voting on the measure then they run the risk of only Yes voters voting, which isn't an improvement.

What is clear though is that unless the Yes votes are well above 60% the outcome may not be known for certain until well after election day. It's entirely possible we have to wait until the vote totals are certified to be able to run the simple majority calculation on ballots cast.

 

Data Note 1: this was the data source for much of the historical data in the table above, however it has at least one error on it, probably a copy/paste mistake, the ballots cast number on the 2014 Voters Rights question is definitely wrong.

Data Note 2: for recent elections the ballots cast number is available via the State Board of Elections website in the Official Vote Total Book. However that report lists ballots cast numbers that are different in different locations. For example in the 2016 book it is listed as 5,666,118 on page ii for the purpose of calculating turnout but page vi lists it as 5,627,149. The 2014 book has the same issue, ballots cast is listed as 3,680,417 on page ii for the purpose of calculating turnout but on pages 4 and 8 it's listed as 3,667,206. Last week I emailed the State Board asking for a clarification, if I hear back from them I'll provide an update.



Over the weekend Governor Rauner's campaign committee filed an amended quarterly report for the quarter ending 6/30/2015. The most notable change in this amended report is a reduction in the transfers out from $400,000 to $322,000, a reduction of $78,000.

You may remember that in May of the first year of his administration Governor Rauner made a contribution to every Republican member of the General Assembly, both Senate and House, totaling $400,000. Here's how it was described by the AP:

Gov. Bruce Rauner has started doling out money from his campaign fund to fellow Republicans as the Illinois Legislature approaches what could be difficult votes on several big issues. Rauner divided $400,000 among every Republican member of the Illinois House and Senate, spokeswoman Catherine Kelly said Saturday. The contributions, made Monday, come with just weeks to go before the May 31 end to the spring legislative session, and with Rauner looking to his GOP allies to support his pro-business agenda in the Democrat-controlled General Assembly.

The timing and political ramifications made some of these Republican beneficiaries uncomfortable, some did not cash these checks while others held them and did not cash them right away.

"I don't want to make it look like someone is influencing me from the administration. So, it's setting in a drawer and we're going to hold it," said state Rep. David Reis, a Willow Hill Republican, speaking of the checks worth $3,000 to $10,000 that Rauner sent to each Republican member of the House and Senate. "I thought the timing was unusual. So while we are debating issues, I thought it inappropriate to accept it," added state Rep. Keith Sommer, R-Morton. Rep. Dan Brady, R-Bloomington, also said the contributions felt odd. "While we appreciate the donation, I haven't made a final decision of where, if and when, that I'll do with the check," said Brady, adding he may even give away the money Rauner gave to him.

It appears the Governor's campaign filed this amendment over the weekend to remove the contributions that were never cashed. Here are the contributions that were listed previously that are no longer listed in the latest amendment, these were likely never cashed or otherwise considered contributed under the law:

CommitteeDateAmount
Citizens for C.D. Davidsmeyer5/5/2015$8,000
Citizens for Hammond5/5/2015$8,000
Committee to Elect Michael W. Tyron5/5/2015$8,000
Friends for Avery Bourne5/5/2015$8,000
Friends for Randy Frese5/5/2015$8,000
Citizens for Karen McConnaughay5/5/2015$4,000
Citizens for Kyle McCarter5/5/2015$4,000
Citizens for Michael P. McAuliffe5/5/2015$4,000
Citizens for Reggie Phillips5/5/2015$4,000
Citizens for Unes5/5/2015$4,000
Committee to Elect Sheri Jesiel5/5/2015$4,000
Committee to Elect Terri Bryant5/5/2015$4,000
David McSweney for State Representative5/5/2015$4,000
Friends for John Cavaletto5/5/2015$3,000
Friends for Poe5/5/2015$3,000

And here is the list of contributions that remain, these likely were cashed.

CommitteeDateAmount
Citizens for Christine Radogno5/5/2015$10,000
Citizens for Durkin5/5/2015$10,000
Brady for Senate5/5/2015$8,000
Citizens for Bill Mitchell5/5/2015$8,000
Citizens for Chad Hays5/5/2015$8,000
Citizens for Chris Nybo5/5/2015$8,000
Citizens for Dale A. Righter5/5/2015$8,000
Citizens for Joe Sosnowski5/5/2015$8,000
Citizens for Kay5/5/2015$8,000
Citizens for Leitch5/5/2015$8,000
Citizens for Matt Murphy5/5/2015$8,000
Citizens For Moffitt5/5/2015$8,000
Citizens for Pamela J Althoff5/5/2015$8,000
Citizens for Pritchard5/5/2015$8,000
Citizens for Steve Andersson5/5/2015$8,000
Citizens for Sullivan5/5/2015$8,000
Citizens to Elect Patricia R. Bellock5/5/2015$8,000
Citizens to Elect Ron Sandack5/5/2015$8,000
Committee to Elect Dan Duffy5/5/2015$8,000
Committee to Elect Keith Wheeler5/5/2015$8,000
Friends of Adam Brown5/5/2015$8,000
Friends of Chapin Rose5/5/2015$8,000
Friends of Dan Brady5/5/2015$8,000
Friends of Jason Barickman5/5/2015$8,000
Friends of Mark Batinick5/5/2015$8,000
Friends of Mike Fortner5/5/2015$8,000
Friends of Tim Butler5/5/2015$8,000
Friends of Tom Bennett5/5/2015$8,000
Team Demmer5/5/2015$8,000
Anderson for Illinois5/5/2015$4,000
Barbara Wheeler 645/5/2015$4,000
Citizens for Bivins5/5/2015$4,000
Citizens for Brian W. Stewart5/5/2015$4,000
Citizens for Connelly5/5/2015$4,000
Citizens for John M. Cabello5/5/2015$4,000
Citizens for Luechtefeld5/5/2015$4,000
Citizens for Tom Morrison5/5/2015$4,000
Citizens to Elect Grant Wehrli5/5/2015$4,000
Committee to Elect David Harris5/5/2015$4,000
Friends of Jeanne Ives5/5/2015$4,000
Friends of Jim Oberweis5/5/2015$4,000
Friends of John D. Anthony5/5/2015$4,000
Friends of Peter Breen5/5/2015$4,000
Friends of Sue Rezin5/5/2015$4,000
Keith Sommer Campaign Committee5/5/2015$4,000
Sam McCann for Senate5/5/2015$4,000
Syverson for Senate5/5/2015$4,000
Vote for Margo McDermed for Illnois House5/5/2015$4,000
Winger for Representative5/5/2015$4,000
Citizens for Charlie Meier5/5/2015$3,000
Citizens for David Reis5/5/2015$3,000

 



With the possible resurfacing of the Millionaire's Tax Amendment it's worth remembering that this issue was on the ballot for the 2014 General Election and we have district by district vote totals.

Below are the results for each district for the House and Senate. This process uses the simple method, which has to do with instances where more than one district are represented in a precinct. Using the simple method the entire precinct data is used for any precinct that is in part or in whole in each district.

As you can see this issue won a majority in all but two Senate districts, the 26th (Duffy 48.67%) and 33rd (McConnaughay 49.93%), and it won a majority in all but five House districts, the 47th (Bellock 49.67%), 50th (Wheeler 49.43%), 51st (Sullivan 47.60%), 52nd (McSweeney 49.51%) and the 65th (Andersson 48.10%).

State Senate Districts
DistrictSenatorPartyYES%NO%Total
State Senator - 1Antonio MuñozD24,87280.63%5,97619.37%30,848
State Senator - 2William DelgadoD30,43381.71%6,81318.29%37,246
State Senator - 3Mattie HunterD47,44581.35%10,87618.65%58,321
State Senator - 4Kimberly A. LightfordD50,89578.68%13,79421.32%64,689
State Senator - 5Patricia Van PeltD43,75081.45%9,96118.55%53,711
State Senator - 6John J. CullertonD43,00669.62%18,76330.38%61,769
State Senator - 7Heather A. SteansD44,82682.92%9,23217.08%54,058
State Senator - 8Ira I. SilversteinD34,63869.73%15,03830.27%49,676
State Senator - 9Daniel BissD48,31863.38%27,92136.62%76,239
State Senator - 10John G. MulroeD35,20265.89%18,22734.11%53,429
State Senator - 11Martin A. SandovalD28,01075.13%9,27224.87%37,282
State Senator - 12Steven M. LandekD24,93273.11%9,17026.89%34,102
State Senator - 13Kwame RaoulD50,85783.65%9,93816.35%60,795
State Senator - 14Emil Jones, IIID58,84279.74%14,94620.26%73,788
State Senator - 15Napoleon Harris, IIID48,29280.53%11,67419.47%59,966
State Senator - 16Jacqueline Y. CollinsD49,03581.11%11,41718.89%60,452
State Senator - 17Donne E. TrotterD56,81980.78%13,51619.22%70,335
State Senator - 18Bill CunninghamD48,62965.66%25,43334.34%74,062
State Senator - 19Michael E. HastingsD49,15165.74%25,61334.26%74,764
State Senator - 20Iris Y. MartinezD30,27081.68%6,79018.32%37,060
State Senator - 21Michael ConnellyR40,15052.07%36,95647.93%77,106
State Senator - 22Michael NolandD23,51763.99%13,23236.01%36,749
State Senator - 23Thomas CullertonD32,57257.50%24,07842.50%56,650
State Senator - 24Chris NyboR41,29552.25%37,73347.75%79,028
State Senator - 25Jim OberweisR34,78350.37%34,27549.63%69,058
State Senator - 26Dan DuffyR37,04648.67%39,06551.33%76,111
State Senator - 27Matt MurphyR38,50554.57%32,05745.43%70,562
State Senator - 28Laura M. MurphyD34,62761.30%21,85938.70%56,486
State Senator - 29Julie A. MorrisonD36,43557.30%27,14642.70%63,581
State Senator - 30Terry LinkD28,05863.84%15,89536.16%43,953
State Senator - 31Melinda BushD32,75258.14%23,58541.86%56,337
State Senator - 32Pamela J. AlthoffR34,53551.71%32,24848.29%66,783
State Senator - 33Karen McConnaughayR35,43249.93%35,52750.07%70,959
State Senator - 34Steve StadelmanD33,41562.82%19,77637.18%53,191
State Senator - 35Dave SyversonR39,80256.08%31,17043.92%70,972
State Senator - 36Neil AndersonR41,07062.80%24,33237.20%65,402
State Senator - 37Chuck WeaverR44,18057.13%33,14742.87%77,327
State Senator - 38Sue RezinR42,15260.66%27,34039.34%69,492
State Senator - 39Don HarmonD36,32174.13%12,67525.87%48,996
State Senator - 40Toi W. HutchinsonD42,24761.65%26,27638.35%68,523
State Senator - 41Christine RadognoR42,11953.38%36,78646.62%78,905
State Senator - 42Linda HolmesD24,53464.60%13,44535.40%37,979
State Senator - 43Pat McGuireD33,69367.03%16,56932.97%50,262
State Senator - 44William E. BradyR43,59958.66%30,72341.34%74,322
State Senator - 45Tim BivinsR42,21958.36%30,12641.64%72,345
State Senator - 46David KoehlerD37,09364.46%20,45235.54%57,545
State Senator - 47John M. SullivanD39,02460.86%25,09739.14%64,121
State Senator - 48Andy ManarD40,33963.58%23,10836.42%63,447
State Senator - 49Jennifer Bertino-TarrantD38,29261.33%24,14138.67%62,433
State Senator - 50Wm. Sam McCannR48,79059.22%33,59640.78%82,386
State Senator - 51Chapin RoseR46,08355.69%36,66144.31%82,744
State Senator - 52Scott M. BennettD35,06564.04%19,68635.96%54,751
State Senator - 53Jason A. BarickmanR39,10556.89%29,63043.11%68,735
State Senator - 54Kyle McCarterR41,31156.37%31,97543.63%73,286
State Senator - 55Dale A. RighterR38,13856.53%29,32243.47%67,460
State Senator - 56William R. HaineD38,13161.48%23,89038.52%62,021
State Senator - 57James F. Clayborne, Jr.D41,15464.85%22,30535.15%63,459
State Senator - 58David S. LuechtefeldR42,01560.34%27,61639.66%69,631
State Senator - 59Gary ForbyD39,45760.40%25,86839.60%65,325

 

State House Districts
DistrictRepresentativePartyYES%NO%Total
State Representative - 1stDaniel J. BurkeD13,15080.47%3,19119.53%16,341
State Representative - 2ndEdward J. AcevedoD12,04580.80%2,86219.20%14,907
State Representative - 3rdLuis ArroyoD14,24480.55%3,43919.45%17,683
State Representative - 4thCynthia SotoD17,87683.19%3,61116.81%21,487
State Representative - 5thKenneth DunkinD27,71780.90%6,54319.10%34,260
State Representative - 6thSonya M. HarperD23,13881.37%5,29718.63%28,435
State Representative - 7thEmanuel Chris WelchD26,59577.53%7,70622.47%34,301
State Representative - 8thLa Shawn K. FordD25,29879.70%6,44420.30%31,742
State Representative - 9thArthur TurnerD21,88779.85%5,52320.15%27,410
State Representative - 10thPamela Reaves-HarrisD24,72482.51%5,24117.49%29,965
State Representative - 11thAnn M. WilliamsD21,90569.38%9,66630.62%31,571
State Representative - 12thSara FeigenholtzD21,58869.85%9,31930.15%30,907
State Representative - 13thGregory HarrisD23,59881.68%5,29418.32%28,892
State Representative - 14thKelly M. CassidyD22,21184.33%4,12815.67%26,339
State Representative - 15thJohn C. D'AmicoD19,48967.05%9,57832.95%29,067
State Representative - 16thLou LangD15,98872.44%6,08427.56%22,072
State Representative - 17thLaura FineD24,13964.00%13,58136.00%37,720
State Representative - 18thRobyn GabelD25,23962.90%14,88937.10%40,128
State Representative - 19thRobert MartwickD17,28470.11%7,36929.89%24,653
State Representative - 20thMichael P. McAuliffeR18,76462.41%11,30237.59%30,066
State Representative - 21stSilvana TabaresD11,93474.11%4,16925.89%16,103
State Representative - 22ndMichael J. MadiganD16,26975.72%5,21624.28%21,485
State Representative - 23rdMichael J. ZalewskiD13,29871.03%5,42428.97%18,722
State Representative - 24thElizabeth HernandezD12,26175.41%3,99924.59%16,260
State Representative - 25thBarbara Flynn CurrieD24,63488.37%3,24311.63%27,877
State Representative - 26thChristian L. MitchellD30,80981.12%7,17018.88%37,979
State Representative - 27thMonique D. DavisD33,76380.06%8,41019.94%42,173
State Representative - 28thRobert RitaD27,90380.10%6,93119.90%34,834
State Representative - 29thThaddeus JonesD27,56180.30%6,76119.70%34,322
State Representative - 30thWilliam DavisD20,87980.84%4,94719.16%25,826
State Representative - 31stMary E. FlowersD29,80479.85%7,52320.15%37,327
State Representative - 32ndAndré ThapediD22,65583.51%4,47316.49%27,128
State Representative - 33rdMarcus C. Evans, Jr.D28,60484.18%5,37415.82%33,978
State Representative - 34thElgie R. Sims, Jr.D30,88677.95%8,73922.05%39,625
State Representative - 35thFrances Ann HurleyD26,53564.52%14,59135.48%41,126
State Representative - 36thKelly M. BurkeD24,86766.29%12,64333.71%37,510
State Representative - 37thMargo McDermedR21,57454.34%18,13145.66%39,705
State Representative - 38thAl RileyD28,36377.95%8,02522.05%36,388
State Representative - 39thWill GuzzardiD16,02681.95%3,52918.05%19,555
State Representative - 40thJaime M. Andrade, Jr.D16,72581.41%3,82018.59%20,545
State Representative - 41stGrant WehrliR20,39753.64%17,62646.36%38,023
State Representative - 42ndJeanne M IvesR19,75350.54%19,33049.46%39,083
State Representative - 43rdAnna MoellerD10,98062.10%6,70037.90%17,680
State Representative - 44thFred CrespoD13,37665.10%7,17034.90%20,546
State Representative - 45thChristine WingerR17,67654.58%14,70945.42%32,385
State Representative - 46thDeb ConroyD15,18661.29%9,59038.71%24,776
State Representative - 47thPatricia R. BellockR20,10449.67%20,37550.33%40,479
State Representative - 48thPeter BreenR21,35054.97%17,49145.03%38,841
State Representative - 49thMike FortnerR17,38351.05%16,66948.95%34,052
State Representative - 50thKeith R. WheelerR17,65349.43%18,05950.57%35,712
State Representative - 51stEd SullivanR19,31047.60%21,25752.40%40,567
State Representative - 52ndDavid McSweeneyR18,68249.51%19,05050.49%37,732
State Representative - 53rdDavid HarrisR20,53855.68%16,35144.32%36,889
State Representative - 54thThomas MorrisonR18,16553.40%15,84946.60%34,014
State Representative - 55thMartin J. MoylanD17,62861.76%10,91438.24%28,542
State Representative - 56thMichelle MussmanD16,99960.83%10,94539.17%27,944
State Representative - 57thElaine NekritzD16,79361.79%10,38438.21%27,177
State Representative - 58thScott DruryD19,64253.96%16,76246.04%36,404
State Representative - 59thCarol SenteD16,74959.74%11,28840.26%28,037
State Representative - 60thRita MayfieldD12,02870.69%4,98729.31%17,015
State Representative - 61stSheri JesielR16,85257.02%12,70142.98%29,553
State Representative - 62ndSam YinglingD16,19759.28%11,12540.72%27,322
State Representative - 63rdJack D. FranksD16,42252.01%15,15347.99%31,575
State Representative - 64thBarbara WheelerR19,83151.29%18,83448.71%38,665
State Representative - 65thSteven A. AnderssonR19,84048.10%21,40951.90%41,249
State Representative - 66thMichael W. TryonR16,33352.65%14,69047.35%31,023
State Representative - 67thLitesa E. WallaceD14,34867.16%7,01532.84%21,363
State Representative - 68thJohn M. CabelloR22,66360.53%14,77539.47%37,438
State Representative - 69thJoe SosnowskiR22,12757.24%16,53042.76%38,657
State Representative - 70thRobert W. PritchardR18,11254.73%14,98345.27%33,095
State Representative - 71stMike SmiddyD22,20561.18%14,09238.82%36,297
State Representative - 72ndPatrick J. VerschooreD20,68764.52%11,37835.48%32,065
State Representative - 73rdDavid R. LeitchR21,06653.54%18,28346.46%39,349
State Representative - 74thDonald L. MoffittR24,33960.75%15,72339.25%40,062
State Representative - 75thJohn D. AnthonyR20,36757.23%15,22042.77%35,587
State Representative - 76thAndrew F SkoogD21,88064.21%12,19835.79%34,078
State Representative - 77thKathleen WillisD11,06567.70%5,27832.30%16,343
State Representative - 78thCamille Y. LillyD25,25677.35%7,39722.65%32,653
State Representative - 79thKatherine CloonenD18,10454.02%15,40845.98%33,512
State Representative - 80thAnthony DeLucaD24,79068.50%11,40031.50%36,190
State Representative - 81stRon SandackR22,08155.85%17,45644.15%39,537
State Representative - 82ndJim DurkinR20,03850.90%19,33049.10%39,368
State Representative - 83rdLinda Chapa LaViaD10,54866.96%5,20433.04%15,752
State Representative - 84thStephanie A. KifowitD14,69263.50%8,44436.50%23,136
State Representative - 85thEmily McAseyD17,09966.89%8,46433.11%25,563
State Representative - 86thLawrence Walsh, Jr.D17,25366.94%8,51933.06%25,772
State Representative - 87thTim ButlerR23,10460.38%15,15939.62%38,263
State Representative - 88thKeith P. SommerR21,05356.70%16,07643.30%37,129
State Representative - 89thBrian W. StewartR20,30156.59%15,57543.41%35,876
State Representative - 90thTom DemmerR22,32660.03%14,86439.97%37,190
State Representative - 91stMichael D. UnesR20,54263.15%11,98836.85%32,530
State Representative - 92ndJehan Gordon-BoothD17,14066.16%8,76533.84%25,905
State Representative - 93rdNorine K. HammondR19,55865.16%10,45934.84%30,017
State Representative - 94thRandy E. FreseR19,49457.06%14,67142.94%34,165
State Representative - 95thAvery BourneR20,76061.29%13,11238.71%33,872
State Representative - 96thSue SchererD21,74266.13%11,13733.87%32,879
State Representative - 97thMark BatinickR20,70858.14%14,90841.86%35,616
State Representative - 98thNatalie A. ManleyD20,57765.23%10,96634.77%31,543
State Representative - 99thSara Wojcicki JimenezR27,31960.24%18,03239.76%45,351
State Representative - 100thC.D. DavidsmeyerR21,51657.94%15,61642.06%37,132
State Representative - 101stBill MitchellR24,53855.67%19,54144.33%44,079
State Representative - 102ndAdam BrownR22,67355.59%18,11044.41%40,783
State Representative - 103rdCarol AmmonsD16,63968.28%7,72931.72%24,368
State Representative - 104thChad HaysR21,54360.91%13,82339.09%35,366
State Representative - 105thDan BradyR19,62057.13%14,72542.87%34,345
State Representative - 106thThomas M. BennettR19,75656.63%15,13343.37%34,889
State Representative - 107thJohn CavalettoR19,48358.05%14,07841.95%33,561
State Representative - 108thCharles MeierR22,26855.00%18,22245.00%40,490
State Representative - 109thDavid B. ReisR19,64753.90%16,80346.10%36,450
State Representative - 110thReginald PhillipsR19,33459.76%13,02040.24%32,354
State Representative - 111thDaniel V. BeiserD18,50162.34%11,17637.66%29,677
State Representative - 112thDwight KayR20,70260.79%13,35239.21%34,054
State Representative - 113thJay HoffmanD21,57864.87%11,68335.13%33,261
State Representative - 114thEddie Lee Jackson, Sr.D23,34364.79%12,68535.21%36,028
State Representative - 115thTerri BryantR22,50162.61%13,43537.39%35,936
State Representative - 116thJerry Costello, IID20,70158.07%14,94741.93%35,648
State Representative - 117thJohn BradleyD19,88860.91%12,76539.09%32,653
State Representative - 118thBrandon W. PhelpsD19,76059.87%13,24540.13%33,005

You can find all of this data here.
Or you can search by going Analysis -> Precinct Level Election Results -> View Statewide Race by Districts (Simple Method).



If you've been following along with our regular Twitter updates you have likely noticed a number of B-1 filings, notice of independent expenditures. Independent expenditures are a relatively new type of uncoordinated independent spending that was defined in the Citizens United Supreme Court decision. This primary cycle independent expenditures are playing a larger role in Illinois elections than ever before so I thought I'd put together a primer on some of the more frequent questions.

Note: I am not an election law attorney, if you need legal advice you should consult an attorney that specializes in the subject matter.

For starters, I cribbed the Illinois Election Code and State Board rules for the sections that apply to independent expenditures. It's not that long and you can read up on all of the language that applies.

Here is some additional info in a Q & A format:

1. What's the difference between a traditional PAC and an independent expenditure committee?

Illinois election law allows for the creation of both a traditional political action committee (PAC) and an independent expenditure committee. Under Illinois law a PAC is subject to all of the contribution limits that apply to PACs. Independent expenditure committees are the allowable exception to campaign finance limits under the Citizens United Supreme Court decision:

The United States Supreme Court held that the First Amendment prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unions and other associations.
 

Independent expenditure committees are allowed to raise and spend unlimited funds, with certain reporting requirements. However independent expenditure committees are not allowed to give directly to other candidate committees, party committees or PACs.

5/9-8.6 (d) In the event that a political committee organized as an independent expenditure committee makes a contribution to any other political committee other than another independent expenditure committee or a ballot initiative committee, the State Board shall assess a fine equal to the amount of any contribution received in the preceding 2 years by the independent expenditure committee that exceeded the limits for a political action committee set forth in subsection (d) of Section 9-8.5

 

2. What makes an expenditure independent?

5/9-1.15 Independent Expenditure.
"Independent expenditure" means any payment, gift, donation, or expenditure of funds (i) by a natural person or political committee for the purpose of making electioneering communications or of expressly advocating for or against the nomination for election, election, retention, or defeat of a clearly identifiable public official or candidate or for or against any question of public policy to be submitted to the voters and (ii) that is not made in connection, consultation, or concert with or at the request or suggestion of the public official or candidate, the public official's or candidate's designated political committee or campaign, or the agent or agents of the public official, candidate, or political committee or campaign.

 

3. Are independent expenditures only allowed from independent expenditure committees?

No, candidate committees, party committees and PACs can also make independent expenditures and then would face the same reporting requirements as it pertains to B-1 filings. Independent expenditure committees can raise unlimited funds to spend on independent expenditures whereas candidate committees, party committees and PACs are subject to campaign finance limits.

 

4. How are independent expenditures reported?

Independent expenditures of $1,000 or more are disclosed on form B-1 within 5 business days, except in the 60 days preceding an election when they must be reported in 2 business days.

5/9-10. (e) A political committee that makes independent expenditures of $1,000 or more shall file a report electronically with the Board within 5 business days after making the independent expenditure, except that the report shall be filed within 2 business days after making the independent expenditure during the 60-day period before an election.

 

5. What is the independent expenditure threshold that removes contribution limits from an election for office?

For statewide races it is $250,000, for all other races it is $100,000.

5/9-8.5 (h-5) If a natural person or independent expenditure committee makes independent expenditures in support of or in opposition to the campaign of a particular public official or candidate in an aggregate amount of more than (i) $250,000 for statewide office or (ii) $100,000 for all other elective offices in an election cycle, as reported in a written disclosure filed under subsection (a) of Section 9-8.6 or subsection (e-5) of Section 9-10, ... all candidates for that office in that election, including the public official or candidate for whose benefit or detriment the natural person or independent expenditure committee made independent expenditures, shall be permitted to accept contributions in excess of any contribution limits imposed by subsection (b).
 

Note: contribution limits can also be removed in the event of self funding at the same thresholds:

5/9-8.5 (h) Self-funding candidates. If a public official, a candidate, or the public official's or candidate's immediate family contributes or loans to the public official's or candidate's political committee or to other political committees that transfer funds to the public official's or candidate's political committee or makes independent expenditures for the benefit of the public official's or candidate's campaign during the 12 months prior to an election in an aggregate amount of more than (i) $250,000 for statewide office or (ii) $100,000 for all other elective offices, ... all candidates for that office, including the public official or candidate who filed a Notification of Self-funding, shall be permitted to accept contributions in excess of any contribution limits imposed by subsection (b). If a public official or candidate filed a Notification of Self-Funding during an election cycle that includes a general primary election or consolidated primary election and that public official or candidate is nominated, all candidates for that office, including the nominee who filed the notification of self-funding, shall be permitted to accept contributions in excess of any contribution limit imposed by subsection (b) for the subsequent election cycle. For the purposes of this subsection, "immediate family" means the spouse, parent, or child of a public official or candidate.

 

6. Are there any additional filing obligations?

Yes, when an independent expenditure committee makes an independent expenditure that results in exceeding the thresholds for removing contribution limits as outlined above that independent expenditure committee is required to notify the State Board of Elections.

5/9-10. (e-5) An independent expenditure committee that makes an independent expenditure supporting or opposing a public official or candidate that, alone or in combination with any other independent expenditure made by that independent expenditure committee supporting or opposing that public official or candidate during the election cycle, equals an aggregate value of more than (i) $250,000 for statewide office or (ii) $100,000 for all other elective offices must file a written disclosure with the State Board of Elections within 2 business days after making any expenditure that results in the independent expenditure committee exceeding the applicable threshold. The Board shall assess a civil penalty against an independent expenditure committee for failure to file the disclosure required by this subsection not to exceed (i) $500 for an initial failure to file the required disclosure and (ii) $1,000 for each subsequent failure to file the required disclosure.
 

 

7. Once the contribution limits have been removed from an election for office why don't these IE's just give their remaining funds directly to their favored candidate?

Independent expenditure committees are not permitted to make donations directly to candidate committees, party committees or PACs, they can only legally give money to other independent expenditure committees or ballot initiative committees.

5/9-8.6 (d) In the event that a political committee organized as an independent expenditure committee makes a contribution to any other political committee other than another independent expenditure committee or a ballot initiative committee, the State Board shall assess a fine equal to the amount of any contribution received in the preceding 2 years by the independent expenditure committee that exceeded the limits for a political action committee set forth in subsection (d) of Section 9-8.5

 

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