Bill Amendment: IL SB2360 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: JUDICIAL CAMPAIGN REFORM
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2360 Detail]
Download: Illinois-2023-SB2360-Senate_Amendment_001.html
Bill Title: JUDICIAL CAMPAIGN REFORM
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2360 Detail]
Download: Illinois-2023-SB2360-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2360 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2360 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Judicial Campaign Reform Act.
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6 | Section 5. Definitions. In this Act: | ||||||
7 | "Allowable contribution" means a qualifying contribution, | ||||||
8 | a seed money contribution, or a personal contribution | ||||||
9 | authorized by this Act. | ||||||
10 | "Candidate" means any person seeking election to the | ||||||
11 | office of Judge of the Supreme Court or Judge of the Appellate | ||||||
12 | Court. | ||||||
13 | "Campaign" includes the primary election campaign period | ||||||
14 | and the general election campaign period. | ||||||
15 | "Clean judicial race" means an election in which all | ||||||
16 | candidates are eligible candidates who will receive a public |
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1 | financing benefit under this Act. | ||||||
2 | "General election campaign period" means the period | ||||||
3 | beginning on the day after the general primary election and | ||||||
4 | ending on the day of the general election. | ||||||
5 | "Electioneering communication expenditure" means an | ||||||
6 | expenditure for electioneering communications as that term is | ||||||
7 | defined in Article 9 of the Election Code. | ||||||
8 | "Eligible candidate" means a candidate who qualifies for | ||||||
9 | public financing by collecting the required number of | ||||||
10 | qualifying contributions, making all required reports and | ||||||
11 | disclosures, and being certified by the State Board of | ||||||
12 | Elections as being in compliance with this Act. | ||||||
13 | "Excess qualifying contribution amount" means the amount | ||||||
14 | of qualifying contributions accepted by a candidate that | ||||||
15 | exceeds the dollar amount of contributions required to qualify | ||||||
16 | a candidate for a public financing benefit. | ||||||
17 | "Exploratory period" means the period that begins one year | ||||||
18 | before the general primary election date and ends on the day | ||||||
19 | before the beginning of the primary election campaign. | ||||||
20 | "Fair election debit card" means a debit card issued by | ||||||
21 | the State Treasurer in accordance with Section 65 entitling a | ||||||
22 | candidate and agents of the candidate designated by the | ||||||
23 | candidate to draw money from an account maintained by the | ||||||
24 | State Treasurer to make expenditures authorized by law. | ||||||
25 | "Fund" means the Illinois Judicial Election Democracy | ||||||
26 | Trust Fund, a special fund created in the State treasury for |
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1 | use, subject to appropriation, by the State Board of Elections | ||||||
2 | for the funding of campaigns for eligible candidates. | ||||||
3 | "Immediate family", when used with reference to a | ||||||
4 | candidate, includes the candidate's spouse, parents, and | ||||||
5 | children. | ||||||
6 | "Independent expenditure" means an expenditure by a person | ||||||
7 | expressly advocating the election or defeat of a clearly | ||||||
8 | identified candidate that is made without cooperation or | ||||||
9 | consultation with a candidate, or any political committee or | ||||||
10 | agent of a candidate, and that is not made in concert with, or | ||||||
11 | at the request or suggestion of, any candidate or any | ||||||
12 | political committee or agent of a candidate. | ||||||
13 | "Nonparticipating candidate" means a candidate who does | ||||||
14 | not apply for a public financing benefit or who otherwise is | ||||||
15 | ineligible or fails to qualify for a public financing benefit | ||||||
16 | under this Act. | ||||||
17 | "Personal funds" means funds contributed by a candidate or | ||||||
18 | a member of a candidate's immediate family. | ||||||
19 | "Primary election campaign period" means the period that | ||||||
20 | begins 30 days after the last day prescribed by law for filing | ||||||
21 | nomination papers and ends on the day of the general primary | ||||||
22 | election. | ||||||
23 | "Public financing qualifying period" means the period | ||||||
24 | beginning on July 1 of an odd-numbered year and ending on the | ||||||
25 | day before the beginning of the primary election campaign | ||||||
26 | period for the office of Judge of the Supreme Court or Judge of |
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1 | the Appellate Court. | ||||||
2 | "Qualifying contribution" means a contribution made during | ||||||
3 | the public financing qualifying period that is between $5 and | ||||||
4 | $100, and that is made, to a candidate, by an individual who is | ||||||
5 | at least 18 years old and resides in the district in which the | ||||||
6 | candidate seeks office, and that is acknowledged by written | ||||||
7 | receipt identifying the contributor. | ||||||
8 | "Qualifying report" means a list of all individual | ||||||
9 | qualifying contributions. | ||||||
10 | "Seed money contribution" means (1) a contribution in an | ||||||
11 | amount not more than $1,000 made to a candidate during the | ||||||
12 | exploratory period or the public financing qualifying period | ||||||
13 | or (2) a contribution made to a candidate during the | ||||||
14 | exploratory period or the public financing qualifying period | ||||||
15 | consisting of personal funds of the candidate in an amount not | ||||||
16 | more than the amount authorized under Section 20. | ||||||
17 | "State Board" means the State Board of Elections.
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18 | Section 10. Alternative judicial campaign financing | ||||||
19 | option. There is established an alternative campaign financing | ||||||
20 | option available to candidates running for office of Judge of | ||||||
21 | the Supreme Court or Judge of the Appellate Court. This | ||||||
22 | alternative campaign financing option is available to | ||||||
23 | candidates for elections to be held beginning in the year | ||||||
24 | 2026. The State Board shall administer this Act and the Fund. | ||||||
25 | Candidates receiving public financing benefits under this Act |
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1 | shall also comply with all other applicable election and | ||||||
2 | campaign laws, rules, and regulations.
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3 | Section 15. The Illinois Judicial Election Democracy Trust | ||||||
4 | Fund. | ||||||
5 | (a) The Illinois Judicial Election Democracy Trust Fund is | ||||||
6 | established as a special fund in the State treasury to finance | ||||||
7 | the election campaigns of eligible candidates running for | ||||||
8 | office of Judge of the Supreme Court or Judge of the Appellate | ||||||
9 | Court and to pay administrative and enforcement costs of the | ||||||
10 | State Board related to this Act. Any interest generated by the | ||||||
11 | Fund is credited to the Fund. The State Board shall administer | ||||||
12 | the Fund. | ||||||
13 | (b) The following shall be deposited into the Fund: | ||||||
14 | (1) At the direction of the State Board, the | ||||||
15 | Comptroller shall direct and the Treasurer shall transfer | ||||||
16 | $40,000,000 of the revenues from the taxes imposed by the | ||||||
17 | Illinois Income Tax Act and credited to the General | ||||||
18 | Revenue Fund, transferred to the Fund by the State | ||||||
19 | Treasurer on or before January 1 of each year, beginning | ||||||
20 | January 1, 2025. If the State Board determines that the | ||||||
21 | Fund will not have sufficient revenues to cover the likely | ||||||
22 | demand for funds from the Fund in an upcoming calendar | ||||||
23 | year, by January 1 the State Board shall provide a report | ||||||
24 | of its projections of the balances in the Fund to the | ||||||
25 | General Assembly and the Governor and may request that the |
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1 | State Treasurer make the following transfers to the Fund | ||||||
2 | from the General Revenue Fund: | ||||||
3 | (A) Up to $20,000,000, no later than February 28, | ||||||
4 | 2025, reflecting an advance of the transfer of the | ||||||
5 | amounts that would be received on or before January 1, | ||||||
6 | 2026 under this paragraph. | ||||||
7 | (B) Up to $15,000,000, no later than July 31, | ||||||
8 | 2025, reflecting an advance of the transfer of the | ||||||
9 | amounts that would be received on or before January 1, | ||||||
10 | 2026 under this paragraph. | ||||||
11 | (C) Up to $5,000,000, no later than September 1, | ||||||
12 | 2027, reflecting a partial advance of the transfer of | ||||||
13 | the amounts that would be received on or before | ||||||
14 | January 1, 2028 under this paragraph. | ||||||
15 | (2) Revenue from a tax checkoff program allowing a | ||||||
16 | resident of the State who files a tax return with the | ||||||
17 | Department of Revenue to designate that $3 be paid into | ||||||
18 | the Fund. In the case of spouses filing a joint return, | ||||||
19 | each spouse may designate that not less than $3 be paid | ||||||
20 | into the Fund. The Department of Revenue shall report | ||||||
21 | annually the amounts designated for the Fund to the State | ||||||
22 | Treasurer, who shall transfer that amount to the Fund. | ||||||
23 | (3) Any excess qualifying contributions or seed money | ||||||
24 | contributions that exceed the allotted total in Section | ||||||
25 | 20. | ||||||
26 | (4) Fund revenues that were distributed to an eligible |
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1 | candidate and that remain unspent after the candidate has | ||||||
2 | lost a primary election or after all general elections. | ||||||
3 | (5) Other unspent Fund revenues distributed to any | ||||||
4 | eligible candidate who does not remain a candidate | ||||||
5 | throughout a primary or general election cycle. | ||||||
6 | (6) Voluntary donations made directly to the Fund. | ||||||
7 | Individuals and other entities may make direct voluntary | ||||||
8 | contributions to the Fund, not to exceed $1,000 per | ||||||
9 | individual or entity per calendar year. | ||||||
10 | (7) Fines collected under this Act. | ||||||
11 | (c) By September 1 preceding each year in which there is an | ||||||
12 | election for the office of Judge of the Supreme Court or Judge | ||||||
13 | of the Appellate Court, the State Board shall publish an | ||||||
14 | estimate of revenue in the Fund available for distribution to | ||||||
15 | eligible candidates during the upcoming year's elections and | ||||||
16 | an estimate of the likely demand for public financing during | ||||||
17 | that election. The State Board may submit a request to the | ||||||
18 | General Assembly to request additional funding.
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19 | Section 20. Terms of participation. | ||||||
20 | (a) Before a candidate for nomination in the general | ||||||
21 | primary election may be certified as an eligible candidate, | ||||||
22 | the candidate shall file a declaration of intent to seek | ||||||
23 | certification as an eligible candidate and to comply with the | ||||||
24 | requirements of this Act. The declaration of intent shall be | ||||||
25 | filed with the State Board prior to or during the qualifying |
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1 | period and in accordance with forms and procedures developed | ||||||
2 | by the State Board. An eligible candidate shall submit a | ||||||
3 | declaration of intent within 5 business days after collecting | ||||||
4 | qualifying contributions under this Act, or the qualifying | ||||||
5 | contributions collected before the declaration of intent has | ||||||
6 | been filed will not be applied toward the eligibility | ||||||
7 | requirement in subsection (c). | ||||||
8 | (b) After becoming a candidate and before certification as | ||||||
9 | an eligible candidate, a candidate may not accept | ||||||
10 | contributions, except for seed money contributions, including | ||||||
11 | personal funds. A candidate shall limit the candidate's | ||||||
12 | personal funds and seed money contributions to the following | ||||||
13 | amounts: | ||||||
14 | (1) The personal funds of a candidate contributed as | ||||||
15 | seed money contributions may not exceed an aggregate | ||||||
16 | amount of $25,000 for a candidate seeking nomination for | ||||||
17 | the Supreme Court or Appellate Court in the First Judicial | ||||||
18 | District and $15,000 for a candidate seeking nomination | ||||||
19 | for the Supreme Court or the Appellate Court for a | ||||||
20 | Judicial District other than the First Judicial District. | ||||||
21 | No eligible candidate may make any expenditure derived | ||||||
22 | from personal funds after the close of the public | ||||||
23 | financing qualifying period. Eligible candidates shall not | ||||||
24 | loan personal funds to their campaign. | ||||||
25 | (2) A candidate may accept seed money contributions | ||||||
26 | from any individual or political committee before the end |
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1 | of the public financing qualifying period, so long as the | ||||||
2 | total contributions from one contributor, except personal | ||||||
3 | funds and qualifying contributions otherwise permitted | ||||||
4 | under this Act, do not exceed $1,000 and the aggregate | ||||||
5 | contributions, including personal funds, but not including | ||||||
6 | qualifying contributions, do not exceed $75,000 for a | ||||||
7 | candidate seeking nomination for the Supreme Court or | ||||||
8 | Appellate Court in the First Judicial District and $45,000 | ||||||
9 | for a candidate seeking nomination for the Supreme Court | ||||||
10 | or Appellate Court for a Judicial District, other that the | ||||||
11 | First Judicial District. | ||||||
12 | As used in this Section, "personal funds" includes funds | ||||||
13 | from the candidate's immediate family. | ||||||
14 | (c) The State Board shall certify a candidate as an | ||||||
15 | eligible candidate for receipt of public financing for a | ||||||
16 | primary election if the candidate complies with subsection (a) | ||||||
17 | and receives from individual qualifying contributors before | ||||||
18 | the close of the public financing qualifying period qualifying | ||||||
19 | contributions that total at least $25,000 for a candidate | ||||||
20 | seeking nomination for the Supreme Court or Appellate Court in | ||||||
21 | the First Judicial District or qualifying contributions that | ||||||
22 | total at least $15,000 for a candidate seeking nomination for | ||||||
23 | the Supreme Court or Appellate Court for a Judicial District, | ||||||
24 | other than the First Judicial District. The State Board may | ||||||
25 | require candidates to file lists of qualifying contributions | ||||||
26 | in an electronic format. If so required, the State Board shall |
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1 | either provide, without charge, all software necessary to | ||||||
2 | comply with this requirement or ensure that the necessary | ||||||
3 | software is commonly available to the public at minimal cost. | ||||||
4 | (d) Each candidate shall acknowledge each qualifying | ||||||
5 | contribution by providing a receipt to the contributor that | ||||||
6 | contains the contributor's name and home address and shall | ||||||
7 | file a report of all qualifying contributions with the State | ||||||
8 | Board. | ||||||
9 | (e) The State Board shall verify a candidate's compliance | ||||||
10 | with the requirements of subsection (d) by any verification | ||||||
11 | and sampling techniques that the State Board considers | ||||||
12 | appropriate. | ||||||
13 | (f) Qualifying contributions and seed money contributions | ||||||
14 | may be used only for the purpose of making an expenditure | ||||||
15 | authorized by law. | ||||||
16 | (g) A candidate shall return to the State Board all | ||||||
17 | qualifying contributions, seed money, and personal | ||||||
18 | contributions, including in-kind contributions, that exceed | ||||||
19 | the limits prescribed by this Section within 48 hours after | ||||||
20 | the end of the exploratory period. The State Board shall | ||||||
21 | deposit all contributions returned under this Section into the | ||||||
22 | Fund. | ||||||
23 | (h) An eligible candidate who accepts a public financing | ||||||
24 | benefit under this Act during the primary election campaign | ||||||
25 | period shall agree to comply with all requirements of this Act | ||||||
26 | throughout the general election campaign period as a |
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1 | precondition to receipt of public financing. An eligible | ||||||
2 | candidate who accepts a public financing benefit during a | ||||||
3 | primary election campaign period may not elect to accept | ||||||
4 | private contributions in violation of this Act during the | ||||||
5 | corresponding general election campaign period.
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6 | Section 25. Certification as an eligible candidate for a | ||||||
7 | primary election; distributions of funds. | ||||||
8 | (a) The State Board shall certify a candidate complying | ||||||
9 | with the requirements of Section 20 as an eligible candidate | ||||||
10 | as soon as possible. The State Board shall only certify a | ||||||
11 | candidate who is running unopposed or will run in a clean | ||||||
12 | judicial race. The State Board shall not certify a candidate | ||||||
13 | as an eligible candidate if the candidate is running against a | ||||||
14 | candidate who does not receive a public financing benefit | ||||||
15 | under this Act. An eligible candidate certified under this Act | ||||||
16 | shall comply with all requirements of this Act after | ||||||
17 | certification and throughout the primary and general election | ||||||
18 | periods and failure to do so is a violation of this Act. | ||||||
19 | (b) After certification, an eligible candidate shall limit | ||||||
20 | the candidate's campaign expenditures and obligations, | ||||||
21 | including outstanding obligations, to qualifying | ||||||
22 | contributions, seed money contributions, revenues distributed | ||||||
23 | to the candidate from the Fund, and interest earned on moneys | ||||||
24 | in the Fund, and the candidate may not accept any other | ||||||
25 | contributions unless specifically authorized by the State |
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1 | Board. | ||||||
2 | (c) All revenues distributed to an eligible candidate from | ||||||
3 | the Fund shall be used for campaign-related purposes. The | ||||||
4 | candidate, the treasurer, the candidate's political committee, | ||||||
5 | or any agent of the candidate and committee shall only use | ||||||
6 | these revenues for campaign-related purposes. The State Board | ||||||
7 | shall publish guidelines outlining permissible | ||||||
8 | campaign-related expenditures. | ||||||
9 | (d) The State Board shall distribute to eligible | ||||||
10 | candidates revenues from the Fund in amounts as follows: | ||||||
11 | (1) for a primary election in the First Judicial | ||||||
12 | District, $25,000; and | ||||||
13 | (2) for a primary election in all judicial districts | ||||||
14 | except the First Judicial District, $15,000. | ||||||
15 | (e) The State Board shall distribute to each eligible | ||||||
16 | candidate at the general primary election a line of credit for | ||||||
17 | public financing promptly after the candidate demonstrates the | ||||||
18 | candidate's eligibility but later than 5 days after the end of | ||||||
19 | the public financing qualifying period. However, no candidate | ||||||
20 | may use a line of credit distributed under this subsection | ||||||
21 | until the beginning of the primary election campaign period.
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22 | Section 30. Certification as an eligible candidate for a | ||||||
23 | general election; distributions of funds. | ||||||
24 | (a) Before a candidate may be certified as eligible for | ||||||
25 | receipt of public financing for the general election, the |
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1 | candidate shall apply to the State Board and file a sworn | ||||||
2 | statement that the candidate has fulfilled all of the | ||||||
3 | requirements of this Act during the primary election campaign | ||||||
4 | period, has won the nomination in the general primary, and | ||||||
5 | will comply with the requirements of this Act during the | ||||||
6 | general election campaign period. The application shall be | ||||||
7 | filed no later than the 7th day after the date of the general | ||||||
8 | primary election. | ||||||
9 | (b) The State Board shall certify a candidate as an | ||||||
10 | eligible candidate for receipt of public financing for a | ||||||
11 | general election campaign period if the candidate complies | ||||||
12 | with subsection (a) and the candidate was an eligible | ||||||
13 | candidate during the primary election campaign period. The | ||||||
14 | State Board shall only certify a candidate who is running | ||||||
15 | unopposed or will run in a clean judicial race. The State Board | ||||||
16 | shall not certify a candidate as an eligible candidate if the | ||||||
17 | candidate is running against a candidate who does not receive | ||||||
18 | a public financing benefit under this Act. | ||||||
19 | (c) If more than one candidate files an application for | ||||||
20 | the general election, the State Board shall accept | ||||||
21 | applications from all candidates who comply with subsection | ||||||
22 | (a), but the State Board shall postpone the declaration of | ||||||
23 | eligibility for the general election until after the general | ||||||
24 | primary results are certified. After the results have been | ||||||
25 | certified, if the nominee filed an application under | ||||||
26 | subsection (a), the State Board shall declare that candidate |
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1 | eligible for the general election. | ||||||
2 | (d) The State Board shall distribute to each eligible | ||||||
3 | candidate in the general election a line of credit for public | ||||||
4 | financing not later than the earlier of (i) 48 hours after the | ||||||
5 | official canvass and proclamation under Section 22-7 of the | ||||||
6 | Election Code or (ii) 21 days after the date of the general | ||||||
7 | primary election. No candidate may receive a line of credit | ||||||
8 | until all candidates for judicial office who apply and qualify | ||||||
9 | for a public financing benefit have been certified as eligible | ||||||
10 | candidates. | ||||||
11 | (e) The State Board shall distribute to eligible | ||||||
12 | candidates revenues from the Fund in amounts in the following | ||||||
13 | manner: | ||||||
14 | (1) for a candidate for the office of Judge of the | ||||||
15 | Supreme Court during a general election, $525,000; and | ||||||
16 | (2) for a candidate for the office of Judge of the | ||||||
17 | Appellate Court during a general election, $175,000. | ||||||
18 | (f) Beginning on April 1, 2027 and every 2 years | ||||||
19 | thereafter, the State Board shall modify the public financing | ||||||
20 | benefits provided for in subsection (e) to adjust for the | ||||||
21 | change in the Consumer Price Index, All Items, U. S. City | ||||||
22 | Average, published by the United States Department of Labor | ||||||
23 | for the preceding 2-year period ending on December 31.
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24 | Section 35. Requirements for eligible candidates. | ||||||
25 | (a) An eligible candidate may not accept private |
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1 | contributions other than seed money contributions and | ||||||
2 | qualifying contributions. An eligible candidate may only | ||||||
3 | accept one qualifying contribution from each contributor. | ||||||
4 | (b) In addition to reports required to be filed under the | ||||||
5 | Election Code, a candidate who receives a public financing | ||||||
6 | benefit shall furnish complete financial records, including | ||||||
7 | records of seed money contributions, qualifying contributions, | ||||||
8 | and expenditures on the last day of each month. | ||||||
9 | (c) In addition to adhering to requirements imposed under | ||||||
10 | the Election Code, a candidate who receives a public financing | ||||||
11 | benefit shall maintain records of all contributions of at | ||||||
12 | least $5, including seed money contributions and qualifying | ||||||
13 | contributions. These records shall contain the full name of | ||||||
14 | the contributor and the contributor's full home address. | ||||||
15 | (d) The failure to record or provide the information | ||||||
16 | specified in subsection (c) disqualifies a contribution from | ||||||
17 | counting as a qualifying contribution. | ||||||
18 | (e) No eligible candidate and no person acting on an | ||||||
19 | eligible candidate's behalf may accept any contribution that | ||||||
20 | is not recorded in accordance with subsection (c) in a | ||||||
21 | candidate's campaign account. | ||||||
22 | (f) No eligible candidate may accept more than $1,000 in | ||||||
23 | cash from any contributor. | ||||||
24 | (g) Notwithstanding any other provision of law, eligible | ||||||
25 | candidates shall report all campaign expenditures, | ||||||
26 | obligations, and related activities to the State Board |
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1 | according to procedures developed by the State Board. | ||||||
2 | (h) The eligible candidate or the eligible candidate's | ||||||
3 | treasurer shall obtain and keep: | ||||||
4 | (1) bank or other account statements for the campaign | ||||||
5 | account covering the duration of the campaign; | ||||||
6 | (2) a vendor invoice stating the particular goods or | ||||||
7 | services purchased for every expenditure of $50 or more; | ||||||
8 | and | ||||||
9 | (3) a record proving that a vendor received payment | ||||||
10 | for every expenditure of $50 or more in the form of a | ||||||
11 | cancelled check, receipt from the vendor, or bank or | ||||||
12 | credit card statement identifying the vendor as the payee. | ||||||
13 | (i) The eligible candidate or the eligible candidate's | ||||||
14 | treasurer shall preserve the records for 2 years following the | ||||||
15 | candidate's final campaign finance report for the election | ||||||
16 | cycle. The candidate and treasurer shall submit photocopies of | ||||||
17 | the records to the State Board upon its request.
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18 | Section 40. Unspent funds. Upon the filing of a final | ||||||
19 | report for any primary election in which the eligible | ||||||
20 | candidate was defeated and for all general elections, an | ||||||
21 | eligible candidate shall return all unspent revenues from the | ||||||
22 | Fund to the State Board. In developing procedures for the | ||||||
23 | return of unspent revenues from the Fund, the State Board | ||||||
24 | shall use existing campaign reporting procedures whenever | ||||||
25 | practicable. The State Board shall ensure timely public access |
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1 | to campaign finance data and may use electronic means of | ||||||
2 | reporting and storing information.
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3 | Section 45. Illinois Judicial Election Democracy Trust | ||||||
4 | Fund. | ||||||
5 | (a) All moneys collected under Sections 40, 45, and 70 | ||||||
6 | shall be deposited into the Illinois Judicial Election | ||||||
7 | Democracy Trust Fund and may be used by the State Board for the | ||||||
8 | purposes of this Act. The State Treasurer, in consultation | ||||||
9 | with the State Board, shall contract with a debit card issuer | ||||||
10 | to permit eligible candidates and their agents to draw upon | ||||||
11 | moneys appropriated from the Fund through an account with the | ||||||
12 | card issuer. | ||||||
13 | (b) Upon a determination of a candidate's eligibility for | ||||||
14 | a public financing benefit under this Act, the State Treasurer | ||||||
15 | shall issue to the eligible candidate a debit card, known as | ||||||
16 | the fair election debit card, entitling the candidate and | ||||||
17 | agents of the candidate designated by the candidate to draw | ||||||
18 | money from an account to make expenditures on behalf of the | ||||||
19 | candidate. | ||||||
20 | (c) No eligible candidate or agent of an eligible | ||||||
21 | candidate may make any campaign expenditure by any means other | ||||||
22 | than through the use of the fair election debit card after | ||||||
23 | being certified as an eligible candidate. No candidate or | ||||||
24 | agent may use a fair election debit card to obtain cash, except | ||||||
25 | that cash amounts of $100 or less may be drawn on the fair |
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1 | election debit card and used to make expenditures of no more | ||||||
2 | than $25 each. A candidate shall maintain records of all | ||||||
3 | expenditures and shall report the expenditures to the State | ||||||
4 | Board in accordance with Section 35. | ||||||
5 | (d) The State Board may draw upon moneys in the Fund to | ||||||
6 | support the administration of the program. These moneys may be | ||||||
7 | used only to pay costs to the State Board that are directly | ||||||
8 | associated with the administration of the program, including, | ||||||
9 | but not limited to, ensuring compliance with this Act and | ||||||
10 | promoting the income tax checkoff. These administrative | ||||||
11 | reimbursements shall be limited to 1% of the Fund balance in | ||||||
12 | fiscal years when there is no eligible seat on the ballot or 5% | ||||||
13 | of the Fund balance in fiscal years when there is an eligible | ||||||
14 | seat on either a primary or general election ballot.
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15 | Section 50. Challenges to certification of an eligible | ||||||
16 | candidate. | ||||||
17 | (a) A candidate who has been denied certification as an | ||||||
18 | eligible candidate, the opponent of a candidate who has been | ||||||
19 | granted certification as an eligible candidate, or other | ||||||
20 | interested persons may challenge a certification decision made | ||||||
21 | by the State Board as follows: | ||||||
22 | (1) A challenger may appeal to the full State Board | ||||||
23 | within 7 days after the certification decision. The appeal | ||||||
24 | shall be in writing and shall set forth the reasons for the | ||||||
25 | appeal. |
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1 | (2) Within 5 days after an appeal is properly made and | ||||||
2 | after notice is given to the challenger and any opponent, | ||||||
3 | the State Board shall hold a hearing. The appellant has | ||||||
4 | the burden of providing evidence to demonstrate that the | ||||||
5 | State Board decision was improper. The State Board shall | ||||||
6 | rule on the appeal within 3 days after the completion of | ||||||
7 | the hearing. | ||||||
8 | (3) A challenger may appeal the decision of the State | ||||||
9 | Board in paragraph (2) by commencing an action in circuit | ||||||
10 | court. | ||||||
11 | (4) A candidate whose certification by the State Board | ||||||
12 | as an eligible candidate is revoked on appeal shall return | ||||||
13 | to the State Board any unspent revenues distributed from | ||||||
14 | the Fund. | ||||||
15 | (b) If the State Board or court finds that an appeal was | ||||||
16 | made frivolously or to cause delay or hardship, the State | ||||||
17 | Board or court may require the moving party to pay costs of the | ||||||
18 | State Board, court, and opposing parties, if any.
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19 | Section 55. Rulemaking. The State Board shall adopt rules | ||||||
20 | to ensure effective administration of this Act. These rules | ||||||
21 | shall include, but shall not be limited to, rules concerning | ||||||
22 | procedures for obtaining qualifying contributions, | ||||||
23 | certification as an eligible candidate, circumstances | ||||||
24 | involving special elections, vacancies, recounts, withdrawals | ||||||
25 | or replacements, collection of revenues for the Fund, |
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1 | distribution of Fund revenue to certified candidates, return | ||||||
2 | of unspent Fund disbursements, and compliance with this Act.
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3 | Section 60. Violations. | ||||||
4 | (a) In addition to any other penalties that may be | ||||||
5 | applicable, a person who violates any provision of this Act or | ||||||
6 | rules adopted by the State Board under Section 55 is subject to | ||||||
7 | a fine not to exceed $10,000 per violation, payable to the | ||||||
8 | Fund. In addition to any fine, for good cause shown, a | ||||||
9 | candidate, treasurer, consultant, or other agent of the | ||||||
10 | candidate or the committee authorized by the candidate found | ||||||
11 | in violation of this Act or rules of the State Board may be | ||||||
12 | required to return to the Fund all amounts distributed to the | ||||||
13 | candidate from the Fund or any funds not used for | ||||||
14 | campaign-related purposes. If the State Board makes a | ||||||
15 | determination that a violation of this Act or rules of the | ||||||
16 | State Board has occurred, the State Board shall assess a fine | ||||||
17 | or transmit the finding to the Attorney General for | ||||||
18 | prosecution. Fines paid under this Section shall be deposited | ||||||
19 | into the Fund. In determining whether or not a candidate is in | ||||||
20 | violation of the expenditure limits of this Act, the State | ||||||
21 | Board may consider as a mitigating factor any circumstances | ||||||
22 | out of the candidate's control. | ||||||
23 | (b) A person who willfully or knowingly violates this Act | ||||||
24 | or rules adopted under this Act or who willfully or knowingly | ||||||
25 | makes a false statement in any report required by this Act |
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1 | commits a business offense punishable by a fine of at least | ||||||
2 | $1,001 and not more than $5,000 and, if certified as an | ||||||
3 | eligible candidate, shall return to the Fund all amounts | ||||||
4 | distributed to the candidate.
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5 | Section 65. Study report. By January 30, 2025 and every 4 | ||||||
6 | years thereafter, the State Board shall prepare and submit to | ||||||
7 | the General Assembly a report documenting, evaluating, and | ||||||
8 | making recommendations relating to the administration, | ||||||
9 | implementation, and enforcement of this Act and the Illinois | ||||||
10 | Judicial Election Democracy Trust Fund.
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11 | Section 70. Severability. The provisions of this Act are | ||||||
12 | severable. If any provision of this Act is held invalid by a | ||||||
13 | court of competent jurisdiction, the invalidity does not | ||||||
14 | affect other provisions of this Act that can be given effect | ||||||
15 | without the invalid provision.
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16 | Section 900. The State Finance Act is amended by adding | ||||||
17 | Section 5.1015 as follows:
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18 | (30 ILCS 105/5.1015 new) | ||||||
19 | Sec. 5.1015. The Illinois Judicial Election Democracy | ||||||
20 | Trust Fund.
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21 | Section 905. The Illinois Income Tax Act is amended by |
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1 | changing Section 509 and by adding Section 506.7 as follows:
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2 | (35 ILCS 5/506.7 new) | ||||||
3 | Sec. 506.7. Designation of tax to the Illinois Judicial | ||||||
4 | Election Democracy Trust Fund. The Department shall print on | ||||||
5 | its standard individual income tax form a provision indicating | ||||||
6 | that if the taxpayer wishes to contribute to the Illinois | ||||||
7 | Judicial Election Democracy Trust Fund, as authorized by this | ||||||
8 | amendatory Act of the 103rd General Assembly, he or she may do | ||||||
9 | so by stating the amount of the contribution, not less than $3, | ||||||
10 | on the return and that the contribution will reduce the | ||||||
11 | taxpayer's refund or increase the amount of payment to | ||||||
12 | accompany the return. Failure to remit any amount of the | ||||||
13 | increased payment shall reduce the contribution accordingly. | ||||||
14 | This Section does not apply to any amended return. This tax | ||||||
15 | checkoff applies to income tax forms for taxable years 2025 | ||||||
16 | and thereafter.
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17 | (35 ILCS 5/509) (from Ch. 120, par. 5-509) | ||||||
18 | Sec. 509. Tax checkoff explanations. | ||||||
19 | (a) All individual income tax return forms shall contain | ||||||
20 | appropriate explanations and spaces to enable the taxpayers to | ||||||
21 | designate contributions to the funds to which contributions | ||||||
22 | may be made under this Article 5. | ||||||
23 | (b) Each form shall contain a statement that the | ||||||
24 | contributions will reduce the taxpayer's refund or increase |
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1 | the amount of payment to accompany the return. Failure to | ||||||
2 | remit any amount of increased payment shall reduce the | ||||||
3 | contribution accordingly. | ||||||
4 | (c) If, on October 1 of any year, the total contributions | ||||||
5 | to any one of the funds made under this Article 5 , except the | ||||||
6 | Illinois Judicial Election Democracy Trust Fund, do not equal | ||||||
7 | $100,000 or more, the explanations and spaces for designating | ||||||
8 | contributions to the fund shall be removed from the individual | ||||||
9 | income tax return forms for the following and all subsequent | ||||||
10 | years and all subsequent contributions to the fund shall be | ||||||
11 | refunded to the taxpayer. This contribution requirement does | ||||||
12 | not apply to the Diabetes Research Checkoff Fund checkoff | ||||||
13 | contained in Section 507GG of this Act. | ||||||
14 | (d) Notwithstanding any other provision of law, the | ||||||
15 | Department shall include the Hunger Relief Fund checkoff | ||||||
16 | established under Section 507SS on the individual income tax | ||||||
17 | form for the taxable year beginning on January 1, 2012. If, on | ||||||
18 | October 1, 2013, or on October 1 of any subsequent year, the | ||||||
19 | total contributions to the Hunger Relief Fund checkoff do not | ||||||
20 | equal $100,000 or more, the explanations and spaces for | ||||||
21 | designating contributions to the fund shall be removed from | ||||||
22 | the individual income tax return forms for the following and | ||||||
23 | all subsequent years and all subsequent contributions to the | ||||||
24 | fund shall be refunded to the taxpayer. | ||||||
25 | (Source: P.A. 96-328, eff. 8-11-09; 97-1117, eff. 8-27-12.)
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