Sen. Rachel Ventura
Filed: 3/8/2024
 
 
 




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1
AMENDMENT TO SENATE BILL 2360 


2 AMENDMENT NO. ______. Amend Senate Bill 2360 by replacing 
3everything after the enacting clause with the following:

4 "Section 1. Short title. This Act may be cited as the 
5Judicial Campaign Reform Act.

6 Section 5. Definitions. In this Act: 
7 "Allowable contribution" means a qualifying contribution, 
8a seed money contribution, or a personal contribution 
9authorized by this Act. 
10 "Candidate" means any person seeking election to the 
11office of Judge of the Supreme Court or Judge of the Appellate 
12Court. 
13 "Campaign" includes the primary election campaign period 
14and the general election campaign period. 
15 "Clean judicial race" means an election in which all 
16candidates are eligible candidates who will receive a public 
 
 
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1financing benefit under this Act. 
2 "General election campaign period" means the period 
3beginning on the day after the general primary election and 
4ending on the day of the general election. 
5 "Electioneering communication expenditure" means an 
6expenditure for electioneering communications as that term is 
7defined in Article 9 of the Election Code. 
8 "Eligible candidate" means a candidate who qualifies for 
9public financing by collecting the required number of 
10qualifying contributions, making all required reports and 
11disclosures, and being certified by the State Board of 
12Elections as being in compliance with this Act. 
13 "Excess qualifying contribution amount" means the amount 
14of qualifying contributions accepted by a candidate that 
15exceeds the dollar amount of contributions required to qualify 
16a candidate for a public financing benefit. 
17 "Exploratory period" means the period that begins one year 
18before the general primary election date and ends on the day 
19before the beginning of the primary election campaign. 
20 "Fair election debit card" means a debit card issued by 
21the State Treasurer in accordance with Section 65 entitling a 
22candidate and agents of the candidate designated by the 
23candidate to draw money from an account maintained by the 
24State Treasurer to make expenditures authorized by law. 
25 "Fund" means the Illinois Judicial Election Democracy 
26Trust Fund, a special fund created in the State treasury for 
 
 
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1use, subject to appropriation, by the State Board of Elections 
2for the funding of campaigns for eligible candidates. 
3 "Immediate family", when used with reference to a 
4candidate, includes the candidate's spouse, parents, and 
5children. 
6 "Independent expenditure" means an expenditure by a person 
7expressly advocating the election or defeat of a clearly 
8identified candidate that is made without cooperation or 
9consultation with a candidate, or any political committee or 
10agent of a candidate, and that is not made in concert with, or 
11at the request or suggestion of, any candidate or any 
12political committee or agent of a candidate. 
13 "Nonparticipating candidate" means a candidate who does 
14not apply for a public financing benefit or who otherwise is 
15ineligible or fails to qualify for a public financing benefit 
16under this Act. 
17 "Personal funds" means funds contributed by a candidate or 
18a member of a candidate's immediate family. 
19 "Primary election campaign period" means the period that 
20begins 30 days after the last day prescribed by law for filing 
21nomination papers and ends on the day of the general primary 
22election. 
23 "Public financing qualifying period" means the period 
24beginning on July 1 of an odd-numbered year and ending on the 
25day before the beginning of the primary election campaign 
26period for the office of Judge of the Supreme Court or Judge of 
 
 
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1the Appellate Court. 
2 "Qualifying contribution" means a contribution made during 
3the public financing qualifying period that is between $5 and 
4$100, and that is made, to a candidate, by an individual who is 
5at least 18 years old and resides in the district in which the 
6candidate seeks office, and that is acknowledged by written 
7receipt identifying the contributor.
8 "Qualifying report" means a list of all individual 
9qualifying contributions. 
10 "Seed money contribution" means (1) a contribution in an 
11amount not more than $1,000 made to a candidate during the 
12exploratory period or the public financing qualifying period 
13or (2) a contribution made to a candidate during the 
14exploratory period or the public financing qualifying period 
15consisting of personal funds of the candidate in an amount not 
16more than the amount authorized under Section 20.
17 "State Board" means the State Board of Elections. 

18 Section 10. Alternative judicial campaign financing 
19option. There is established an alternative campaign financing 
20option available to candidates running for office of Judge of 
21the Supreme Court or Judge of the Appellate Court. This 
22alternative campaign financing option is available to 
23candidates for elections to be held beginning in the year 
242026. The State Board shall administer this Act and the Fund. 
25Candidates receiving public financing benefits under this Act 
 
 
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1shall also comply with all other applicable election and 
2campaign laws, rules, and regulations.

3 Section 15. The Illinois Judicial Election Democracy Trust 
4Fund. 
5 (a) The Illinois Judicial Election Democracy Trust Fund is 
6established as a special fund in the State treasury to finance 
7the election campaigns of eligible candidates running for 
8office of Judge of the Supreme Court or Judge of the Appellate 
9Court and to pay administrative and enforcement costs of the 
10State Board related to this Act. Any interest generated by the 
11Fund is credited to the Fund. The State Board shall administer 
12the 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 
12election for the office of Judge of the Supreme Court or Judge 
13of the Appellate Court, the State Board shall publish an 
14estimate of revenue in the Fund available for distribution to 
15eligible candidates during the upcoming year's elections and 
16an estimate of the likely demand for public financing during 
17that election. The State Board may submit a request to the 
18General Assembly to request additional funding.

19 Section 20. Terms of participation. 
20 (a) Before a candidate for nomination in the general 
21primary election may be certified as an eligible candidate, 
22the candidate shall file a declaration of intent to seek 
23certification as an eligible candidate and to comply with the 
24requirements of this Act. The declaration of intent shall be 
25filed with the State Board prior to or during the qualifying 
 
 
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1period and in accordance with forms and procedures developed 
2by the State Board. An eligible candidate shall submit a 
3declaration of intent within 5 business days after collecting 
4qualifying contributions under this Act, or the qualifying 
5contributions collected before the declaration of intent has 
6been filed will not be applied toward the eligibility 
7requirement in subsection (c). 
8 (b) After becoming a candidate and before certification as 
9an eligible candidate, a candidate may not accept 
10contributions, except for seed money contributions, including 
11personal funds. A candidate shall limit the candidate's 
12personal funds and seed money contributions to the following 
13amounts: 
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 
13from the candidate's immediate family.
14 (c) The State Board shall certify a candidate as an 
15eligible candidate for receipt of public financing for a 
16primary election if the candidate complies with subsection (a) 
17and receives from individual qualifying contributors before 
18the close of the public financing qualifying period qualifying 
19contributions that total at least $25,000 for a candidate 
20seeking nomination for the Supreme Court or Appellate Court in 
21the First Judicial District or qualifying contributions that 
22total at least $15,000 for a candidate seeking nomination for 
23the Supreme Court or Appellate Court for a Judicial District, 
24other than the First Judicial District. The State Board may 
25require candidates to file lists of qualifying contributions 
26in an electronic format. If so required, the State Board shall 
 
 
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1either provide, without charge, all software necessary to 
2comply with this requirement or ensure that the necessary 
3software is commonly available to the public at minimal cost. 
4 (d) Each candidate shall acknowledge each qualifying 
5contribution by providing a receipt to the contributor that 
6contains the contributor's name and home address and shall 
7file a report of all qualifying contributions with the State 
8Board. 
9 (e) The State Board shall verify a candidate's compliance 
10with the requirements of subsection (d) by any verification 
11and sampling techniques that the State Board considers 
12appropriate. 
13 (f) Qualifying contributions and seed money contributions 
14may be used only for the purpose of making an expenditure 
15authorized by law. 
16 (g) A candidate shall return to the State Board all 
17qualifying contributions, seed money, and personal 
18contributions, including in-kind contributions, that exceed 
19the limits prescribed by this Section within 48 hours after 
20the end of the exploratory period. The State Board shall 
21deposit all contributions returned under this Section into the 
22Fund. 
23 (h) An eligible candidate who accepts a public financing 
24benefit under this Act during the primary election campaign 
25period shall agree to comply with all requirements of this Act 
26throughout the general election campaign period as a 
 
 
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1precondition to receipt of public financing. An eligible 
2candidate who accepts a public financing benefit during a 
3primary election campaign period may not elect to accept 
4private contributions in violation of this Act during the 
5corresponding general election campaign period.

6 Section 25. Certification as an eligible candidate for a 
7primary election; distributions of funds. 
8 (a) The State Board shall certify a candidate complying 
9with the requirements of Section 20 as an eligible candidate 
10as soon as possible. The State Board shall only certify a 
11candidate who is running unopposed or will run in a clean 
12judicial race. The State Board shall not certify a candidate 
13as an eligible candidate if the candidate is running against a 
14candidate who does not receive a public financing benefit 
15under this Act. An eligible candidate certified under this Act 
16shall comply with all requirements of this Act after 
17certification and throughout the primary and general election 
18periods and failure to do so is a violation of this Act. 
19 (b) After certification, an eligible candidate shall limit 
20the candidate's campaign expenditures and obligations, 
21including outstanding obligations, to qualifying 
22contributions, seed money contributions, revenues distributed 
23to the candidate from the Fund, and interest earned on moneys 
24in the Fund, and the candidate may not accept any other 
25contributions unless specifically authorized by the State 
 
 
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1Board.
2 (c) All revenues distributed to an eligible candidate from 
3the Fund shall be used for campaign-related purposes. The 
4candidate, the treasurer, the candidate's political committee, 
5or any agent of the candidate and committee shall only use 
6these revenues for campaign-related purposes. The State Board 
7shall publish guidelines outlining permissible 
8campaign-related expenditures. 
9 (d) The State Board shall distribute to eligible 
10candidates 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 
16candidate at the general primary election a line of credit for 
17public financing promptly after the candidate demonstrates the 
18candidate's eligibility but later than 5 days after the end of 
19the public financing qualifying period. However, no candidate 
20may use a line of credit distributed under this subsection 
21until the beginning of the primary election campaign period.

22 Section 30. Certification as an eligible candidate for a 
23general election; distributions of funds. 
24 (a) Before a candidate may be certified as eligible for 
25receipt of public financing for the general election, the 
 
 
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1candidate shall apply to the State Board and file a sworn 
2statement that the candidate has fulfilled all of the 
3requirements of this Act during the primary election campaign 
4period, has won the nomination in the general primary, and 
5will comply with the requirements of this Act during the 
6general election campaign period. The application shall be 
7filed no later than the 7th day after the date of the general 
8primary election. 
9 (b) The State Board shall certify a candidate as an 
10eligible candidate for receipt of public financing for a 
11general election campaign period if the candidate complies 
12with subsection (a) and the candidate was an eligible 
13candidate during the primary election campaign period. The 
14State Board shall only certify a candidate who is running 
15unopposed or will run in a clean judicial race. The State Board 
16shall not certify a candidate as an eligible candidate if the 
17candidate is running against a candidate who does not receive 
18a public financing benefit under this Act. 
19 (c) If more than one candidate files an application for 
20the general election, the State Board shall accept 
21applications from all candidates who comply with subsection 
22(a), but the State Board shall postpone the declaration of 
23eligibility for the general election until after the general 
24primary results are certified. After the results have been 
25certified, if the nominee filed an application under 
26subsection (a), the State Board shall declare that candidate 
 
 
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1eligible for the general election. 
2 (d) The State Board shall distribute to each eligible 
3candidate in the general election a line of credit for public 
4financing not later than the earlier of (i) 48 hours after the 
5official canvass and proclamation under Section 22-7 of the 
6Election Code or (ii) 21 days after the date of the general 
7primary election. No candidate may receive a line of credit 
8until all candidates for judicial office who apply and qualify 
9for a public financing benefit have been certified as eligible 
10candidates. 
11 (e) The State Board shall distribute to eligible 
12candidates revenues from the Fund in amounts in the following 
13manner: 
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 
19thereafter, the State Board shall modify the public financing 
20benefits provided for in subsection (e) to adjust for the 
21change in the Consumer Price Index, All Items, U. S. City 
22Average, published by the United States Department of Labor 
23for the preceding 2-year period ending on December 31.

24 Section 35. Requirements for eligible candidates. 
25 (a) An eligible candidate may not accept private 
 
 
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1contributions other than seed money contributions and 
2qualifying contributions. An eligible candidate may only 
3accept one qualifying contribution from each contributor.
4 (b) In addition to reports required to be filed under the 
5Election Code, a candidate who receives a public financing 
6benefit shall furnish complete financial records, including 
7records of seed money contributions, qualifying contributions, 
8and expenditures on the last day of each month. 
9 (c) In addition to adhering to requirements imposed under 
10the Election Code, a candidate who receives a public financing 
11benefit shall maintain records of all contributions of at 
12least $5, including seed money contributions and qualifying 
13contributions. These records shall contain the full name of 
14the contributor and the contributor's full home address. 
15 (d) The failure to record or provide the information 
16specified in subsection (c) disqualifies a contribution from 
17counting as a qualifying contribution. 
18 (e) No eligible candidate and no person acting on an 
19eligible candidate's behalf may accept any contribution that 
20is not recorded in accordance with subsection (c) in a 
21candidate's campaign account. 
22 (f) No eligible candidate may accept more than $1,000 in 
23cash from any contributor. 
24 (g) Notwithstanding any other provision of law, eligible 
25candidates shall report all campaign expenditures, 
26obligations, and related activities to the State Board 
 
 
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1according to procedures developed by the State Board. 
2 (h) The eligible candidate or the eligible candidate's 
3treasurer 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 
14treasurer shall preserve the records for 2 years following the 
15candidate's final campaign finance report for the election 
16cycle. The candidate and treasurer shall submit photocopies of 
17the records to the State Board upon its request.

18 Section 40. Unspent funds. Upon the filing of a final 
19report for any primary election in which the eligible 
20candidate was defeated and for all general elections, an 
21eligible candidate shall return all unspent revenues from the 
22Fund to the State Board. In developing procedures for the 
23return of unspent revenues from the Fund, the State Board 
24shall use existing campaign reporting procedures whenever 
25practicable. The State Board shall ensure timely public access 
 
 
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1to campaign finance data and may use electronic means of 
2reporting and storing information.

3 Section 45. Illinois Judicial Election Democracy Trust 
4Fund. 
5 (a) All moneys collected under Sections 40, 45, and 70 
6shall be deposited into the Illinois Judicial Election 
7Democracy Trust Fund and may be used by the State Board for the 
8purposes of this Act. The State Treasurer, in consultation 
9with the State Board, shall contract with a debit card issuer 
10to permit eligible candidates and their agents to draw upon 
11moneys appropriated from the Fund through an account with the 
12card issuer. 
13 (b) Upon a determination of a candidate's eligibility for 
14a public financing benefit under this Act, the State Treasurer 
15shall issue to the eligible candidate a debit card, known as 
16the fair election debit card, entitling the candidate and 
17agents of the candidate designated by the candidate to draw 
18money from an account to make expenditures on behalf of the 
19candidate. 
20 (c) No eligible candidate or agent of an eligible 
21candidate may make any campaign expenditure by any means other 
22than through the use of the fair election debit card after 
23being certified as an eligible candidate. No candidate or 
24agent may use a fair election debit card to obtain cash, except 
25that cash amounts of $100 or less may be drawn on the fair 
 
 
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1election debit card and used to make expenditures of no more 
2than $25 each. A candidate shall maintain records of all 
3expenditures and shall report the expenditures to the State 
4Board in accordance with Section 35. 
5 (d) The State Board may draw upon moneys in the Fund to 
6support the administration of the program. These moneys may be 
7used only to pay costs to the State Board that are directly 
8associated with the administration of the program, including, 
9but not limited to, ensuring compliance with this Act and 
10promoting the income tax checkoff. These administrative 
11reimbursements shall be limited to 1% of the Fund balance in 
12fiscal years when there is no eligible seat on the ballot or 5% 
13of the Fund balance in fiscal years when there is an eligible 
14seat on either a primary or general election ballot.

15 Section 50. Challenges to certification of an eligible 
16candidate. 
17 (a) A candidate who has been denied certification as an 
18eligible candidate, the opponent of a candidate who has been 
19granted certification as an eligible candidate, or other 
20interested persons may challenge a certification decision made 
21by 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 
16made frivolously or to cause delay or hardship, the State 
17Board or court may require the moving party to pay costs of the 
18State Board, court, and opposing parties, if any.

19 Section 55. Rulemaking. The State Board shall adopt rules 
20to ensure effective administration of this Act. These rules 
21shall include, but shall not be limited to, rules concerning 
22procedures for obtaining qualifying contributions, 
23certification as an eligible candidate, circumstances 
24involving special elections, vacancies, recounts, withdrawals 
25or replacements, collection of revenues for the Fund, 
 
 
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1distribution of Fund revenue to certified candidates, return 
2of unspent Fund disbursements, and compliance with this Act.

3 Section 60. Violations. 
4 (a) In addition to any other penalties that may be 
5applicable, a person who violates any provision of this Act or 
6rules adopted by the State Board under Section 55 is subject to 
7a fine not to exceed $10,000 per violation, payable to the 
8Fund. In addition to any fine, for good cause shown, a 
9candidate, treasurer, consultant, or other agent of the 
10candidate or the committee authorized by the candidate found 
11in violation of this Act or rules of the State Board may be 
12required to return to the Fund all amounts distributed to the 
13candidate from the Fund or any funds not used for 
14campaign-related purposes. If the State Board makes a 
15determination that a violation of this Act or rules of the 
16State Board has occurred, the State Board shall assess a fine 
17or transmit the finding to the Attorney General for 
18prosecution. Fines paid under this Section shall be deposited 
19into the Fund. In determining whether or not a candidate is in 
20violation of the expenditure limits of this Act, the State 
21Board may consider as a mitigating factor any circumstances 
22out of the candidate's control. 
23 (b) A person who willfully or knowingly violates this Act 
24or rules adopted under this Act or who willfully or knowingly 
25makes a false statement in any report required by this Act 
 
 
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1commits a business offense punishable by a fine of at least 
2$1,001 and not more than $5,000 and, if certified as an 
3eligible candidate, shall return to the Fund all amounts 
4distributed to the candidate.

5 Section 65. Study report. By January 30, 2025 and every 4 
6years thereafter, the State Board shall prepare and submit to 
7the General Assembly a report documenting, evaluating, and 
8making recommendations relating to the administration, 
9implementation, and enforcement of this Act and the Illinois 
10Judicial Election Democracy Trust Fund.

11 Section 70. Severability. The provisions of this Act are 
12severable. If any provision of this Act is held invalid by a 
13court of competent jurisdiction, the invalidity does not 
14affect other provisions of this Act that can be given effect 
15without the invalid provision.

16 Section 900. The State Finance Act is amended by adding 
17Section 5.1015 as follows:

18 (30 ILCS 105/5.1015 new)
19 Sec. 5.1015. The Illinois Judicial Election Democracy 
20Trust Fund.

21 Section 905. The Illinois Income Tax Act is amended by 
 
 
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1changing Section 509 and by adding Section 506.7 as follows:

2 (35 ILCS 5/506.7 new)
3 Sec. 506.7. Designation of tax to the Illinois Judicial 
4Election Democracy Trust Fund. The Department shall print on 
5its standard individual income tax form a provision indicating 
6that if the taxpayer wishes to contribute to the Illinois 
7Judicial Election Democracy Trust Fund, as authorized by this 
8amendatory Act of the 103rd General Assembly, he or she may do 
9so by stating the amount of the contribution, not less than $3, 
10on the return and that the contribution will reduce the 
11taxpayer's refund or increase the amount of payment to 
12accompany the return. Failure to remit any amount of the 
13increased payment shall reduce the contribution accordingly. 
14This Section does not apply to any amended return. This tax 
15checkoff applies to income tax forms for taxable years 2025 
16and thereafter.

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 
20appropriate explanations and spaces to enable the taxpayers to 
21designate contributions to the funds to which contributions 
22may be made under this Article 5.
23 (b) Each form shall contain a statement that the 
24contributions will reduce the taxpayer's refund or increase 
 
 
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1the amount of payment to accompany the return. Failure to 
2remit any amount of increased payment shall reduce the 
3contribution accordingly.
4 (c) If, on October 1 of any year, the total contributions 
5to any one of the funds made under this Article 5, except the 
6Illinois Judicial Election Democracy Trust Fund, do not equal 
7$100,000 or more, the explanations and spaces for designating 
8contributions to the fund shall be removed from the individual 
9income tax return forms for the following and all subsequent 
10years and all subsequent contributions to the fund shall be 
11refunded to the taxpayer. This contribution requirement does 
12not apply to the Diabetes Research Checkoff Fund checkoff 
13contained in Section 507GG of this Act.
14 (d) Notwithstanding any other provision of law, the 
15Department shall include the Hunger Relief Fund checkoff 
16established under Section 507SS on the individual income tax 
17form for the taxable year beginning on January 1, 2012. If, on 
18October 1, 2013, or on October 1 of any subsequent year, the 
19total contributions to the Hunger Relief Fund checkoff do not 
20equal $100,000 or more, the explanations and spaces for 
21designating contributions to the fund shall be removed from 
22the individual income tax return forms for the following and 
23all subsequent years and all subsequent contributions to the 
24fund 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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