Bill Text: IL HB1324 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Illinois Clean Elections Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide constitutional offices and the General Assembly. Amends the State Finance Act to create the Illinois Clean Elections Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB1324 Detail]

Download: Illinois-2009-HB1324-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB1324 Introduced 2/18/2009, by Rep. Mike Boland SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.719 new
35 ILCS 5/507SS new
Creates the Illinois Clean Elections Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide constitutional offices and the General Assembly. Amends the State Finance Act to create the Illinois Clean Elections Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Illinois Clean Elections Act.
Section 5. Definitions. As used in this Act:
"Certified candidate" means a candidate running for
Governor, Lieutenant Governor, Secretary of State, Attorney
General, State Treasurer, State Comptroller, State Senator, or
State Representative, in a primary election, and Governor,
Secretary of State, Attorney General, State Treasurer, State
Comptroller, State Senator, or State Representative, in a
general election who chooses to participate in this Act and who
is certified as an Illinois Clean Elections Act candidate under
Section 20, subsection (e).
"Contribution" has the same meaning as in Article 9 of the
Election Code.
"Fund" means the Illinois Clean Elections Fund established
in Section 15.
"Nonparticipating candidate" means a candidate running for
Governor, Lieutenant Governor, Secretary of State, Attorney
General, State Treasurer, State Comptroller, State Senator, or
State Representative, in a primary election, and Governor,

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Secretary of State, Attorney General, State Treasurer, State
Comptroller, State Senator, or State Representative, in a
general election who does not choose to participate in this Act
and who is not seeking to be certified as an Illinois Clean
Elections Act candidate.
"Participating candidate" means a candidate who is running
for Governor, Lieutenant Governor, Secretary of State,
Attorney General, State Treasurer, State Comptroller, State
Senator, or State Representative, in a primary election, and
Governor, Secretary of State, Attorney General, State
Treasurer, State Comptroller, State Senator, or State
Representative, in a general election who is seeking to be
certified as an Illinois Clean Elections Act candidate.
"Qualifying contribution" means a donation:
(1) Of $5 in the form of a check or a money order
payable to the Fund in support of a candidate;
(2) Made by a registered voter within the district for
the office a candidate is seeking;
(3) Made during the designated qualifying period and
obtained with the knowledge and approval of the candidate;
and
(4) That is acknowledged by a written receipt that
identifies the name and address of the donor on forms
provided by the State Board.
"Qualifying period" means the following:
(1) For a participating candidate for Governor,

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Lieutenant Governor, Secretary of State, Attorney General,
State Treasurer, or State Comptroller, the qualifying
period begins November 1st immediately preceding the
election year and ends at 5:00 p.m. on April 15th of the
election year unless the candidate is unenrolled, in which
case the period ends at 5:00 p.m. on June 2nd of the
election year.
(2) For State Senate or State House of Representatives
participating candidates, the qualifying period begins
January 1st of the election year and ends at 5:00 p.m. on
April 15th of that election year unless the candidate is
unenrolled, in which case the period ends at 5:00 p.m. on
June 2nd of the election year.
"Seed money contribution" means a contribution of no more
than $100 per individual made to a contribution from the
candidate or the candidate's family. To be eligible for
certification, a candidate may collect and spend only seed
money contributions subsequent to becoming a candidate as
defined by Article 9 of the Election Code and throughout the
qualifying period. A participating candidate who has accepted
contributions or made expenditures that do not comply with the
seed money restrictions under this Act may petition the State
Board to remain eligible for certification as an Illinois Clean
Elections Act candidate in accordance with rules of the State
Board, if the failure to comply was unintentional and does not
constitute a significant infraction of these restrictions.

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Prior to certification, a candidate may obligate an amount
greater than the seed money collected if the value of the goods
and services received from a vendor does not exceed the amount
paid to the vendor. A candidate may not collect or spend seed
money contributions after certification as an Illinois Clean
Elections Act candidate. A seed money contribution must be
reported according to procedures developed by the State Board.
"State Board" means the State Board of Elections.
Section 10. Alternative campaign financing option. This
Act establishes an alternative campaign financing option
available to candidates running for Governor, Lieutenant
Governor, Secretary of State, Attorney General, State
Treasurer, State Comptroller, State Senator, and State
Representative. This alternative campaign financing option is
available to candidates for elections to be held beginning in
the year 2010. The State Board shall Administer this Act and
the Fund. Candidates participating in this Act must also comply
with all other applicable election and campaign laws and
regulations.
Section 15. The Illinois Clean Elections Fund established;
sources of funding.
(a) The Illinois Clean Elections Fund is established as a
special fund in the State treasury to finance the election
campaigns of certified Illinois Clean Elections Act candidates

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running for Governor, Lieutenant Governor, Attorney General,
Secretary of State, State Treasurer, State Comptroller, State
Senator, and State Representative and to pay administrative and
enforcement costs of the State Board related to this Act. Any
interest generated by the Fund is credited to the Fund. The
State Board shall administer the Fund.
(b) The following must be deposited into the Fund:
(1) The qualifying contributions required under
Section 20 when those contributions are submitted to the
State Board.
(2) $40,000,000 of the revenues from the taxes imposed
by the Illinois Income Tax Act and credited to the General
Revenue Fund, transferred to the Fund by the State
Treasurer on or before January 1st of each year, beginning
January 1, 2010. These revenues must be offset in an
equitable manner by an equivalent reduction within the
administrative divisions of the legislative branch and
executive branch agencies. If the State Board determines
that the Fund will not have sufficient revenues to cover
the likely demand for funds from the Illinois Clean
Elections Fund in an upcoming calendar year, by January 1st
the State Board shall provide a report of its projections
of the balances in the Illinois Clean Elections Fund to the
General Assembly and the Governor and may request that the
State Treasurer make the following transfers to the
Illinois Clean Elections Fund from the General Revenue

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Fund:
(A) Up to $20,000,000 no later than February 28,
2010, reflecting an advance of the transfer of the
amounts that would be received on or before January 1,
2011 pursuant to this paragraph.
(B) Up to $15,000,000 no later than July 31, 2010,
pursuant to this paragraph reflecting an advance of the
transfer of the amounts that would be received on or
before January 1, 2012 pursuant to this paragraph.
(C) Up to $5,000,000 no later than September 1,
2012, reflecting a partial advance of the transfer of
the amounts that would be received on or before January
1, 2013 pursuant to this paragraph.
(3) Revenue from a tax checkoff program allowing a
resident of the State who files a tax return with the
Department of Revenue to designate that $3 be paid into the
Fund. If a husband and wife file a joint return, each
spouse may designate that $3 be paid. The Department of
Revenue shall report annually the amounts designated for
the Fund to the State Treasurer, who shall transfer that
amount to the Fund.
(4) Seed money contributions remaining unspent after a
candidate has been certified as an Illinois Clean Elections
Act candidate.
(5) Fund revenues that were distributed to an Illinois
Clean Elections Act candidate and that remain unspent after

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the candidate has lost a primary election or after all
general elections.
(6) Other unspent Fund revenues distributed to any
Illinois Clean Elections Act candidate who does not remain
a candidate throughout a primary or general election cycle.
(7) Voluntary donations made directly to the Fund.
(8) Fines collected under this Act.
(c) By September 1st preceding each election year, the
State Board shall publish an estimate of revenue in the Fund
available for distribution to certified candidates during the
upcoming year's elections and an estimate of the likely demand
for clean elections funding during that election. The State
Board may submit legislation to request additional funding.
Section 20. Terms of participation.
(a) A participating candidate must file a declaration of
intent to seek certification as an Illinois Clean Elections Act
candidate and to comply with the requirements of this Act. The
declaration of intent must be filed with the State Board prior
to or during the qualifying period, except as provided in
subsection (l), according to forms and procedures developed by
the State Board. A participating candidate must submit a
declaration of intent within 5 business days after collecting
qualifying contributions under this Act or the qualifying
contributions collected before the declaration of intent has
been filed will not be counted toward the eligibility

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requirement in subsection (c).
(b) Subsequent to becoming a candidate defined by and prior
to certification, a participating candidate may not accept
contributions, except for seed money contributions. A
participating candidate must limit the candidate's seed money
contributions to the following amounts:
(1) $50,000 for a gubernatorial candidate.
(2) $25,000 for a candidate for Lieutenant Governor,
Secretary of State, Attorney General, State Treasurer, or
State Comptroller.
(3) $10,000 for a candidate for the State Senate.
(4) $5,000 for a candidate for the State House of
Representatives.
The State Board may, by rule, revise these amounts to
ensure the effective implementation of this Act.
(c) Participating candidates must obtain qualifying
contributions during the qualifying period as follows:
(1) For a gubernatorial candidate, at least 2,500
verified registered voters of this State must support the
candidacy by providing a qualifying contribution to that
candidate.
(2) For a candidate for Lieutenant Governor, Secretary
of State, Attorney General, State Treasurer, or State
Comptroller, at least 5,000 verified registered voters of
this State must support the candidacy by providing a
qualifying contribution to that candidate.

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(3) For a candidate for the State Senate, at least
2,000 verified registered voters from the candidate's
district must support the candidacy by providing a
qualifying contribution to that candidate.
(4) For a candidate for the State House of
Representatives, at least 1,000 verified registered voters
from the candidate's district must support the candidacy by
providing a qualifying contribution to that candidate.
A payment, gift, or anything of value may not be given in
exchange for a qualifying contribution. A candidate may pay the
fee for a money order in the amount of $5, which is a
qualifying contribution, as long as the donor making the
qualifying contribution pays the $5 amount reflected on the
money order. Any money order fees paid by a participating
candidate must be paid for with seed money and reported in
accordance with State Board rules.
(d) A participating candidate must submit qualifying
contributions to the State Board during the qualifying period
according to procedures developed by the State Board, except as
provided under subsection (l).
(e) Upon receipt of a final submittal of qualifying
contributions by a participating candidate, the State Board
shall determine whether or not the candidate has:
(1) Signed and filed a declaration of intent to
participate in this Act.
(2) Submitted the appropriate number of valid

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qualifying contributions.
(3) Qualified as a candidate by petition or other
means.
(4) Not accepted contributions, except for seed money
contributions, and otherwise complied with seed money
restrictions.
(5) Not run for the same office as a nonparticipating
candidate in a primary election in the same election year.
(6) Otherwise met the requirements for participation
in this Act.
The State Board shall certify a candidate complying with
the requirements of this Section as an Illinois Clean Elections
Act candidate as soon as possible and no later than 3 business
days after final submittal of qualifying contributions. Upon
certification, a candidate must transfer to the Fund any
unspent seed money contributions. A certified candidate must
comply with all requirements of this Act after certification
and throughout the primary and general election periods.
Failure to do so is a violation of this Act.
(f) After certification, a candidate must limit the
candidate's campaign expenditures and obligations, including
outstanding obligations, to the revenues distributed to the
candidate from the Fund and may not accept any contributions
unless specifically authorized by the State Board. Candidates
may also accept and spend interest earned on bank accounts. All
revenues distributed to a certified candidate from the Fund

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must be used for campaign-related purposes. The candidate, the
treasurer, the candidate's political committee, or any agent of
the candidate and committee may not use these revenues for any
but campaign-related purposes. The State Board shall publish
guidelines outlining permissible campaign-related
expenditures.
(g) The State Board shall distribute to certified
candidates revenues from the Fund in amounts determined under
subsection (h) in the following manner.
(1) Within 3 days after certification, for candidates
certified prior to March 15th of the election year,
revenues from the Fund must be distributed as if the
candidates are in an uncontested primary election.
(2) Within 3 days after certification, for all
candidates certified between March 15th and April 15th of
the election year, revenues from the Fund must be
distributed according to whether the candidate is in a
contested or uncontested primary election.
(3) For candidates in contested primary elections
receiving a distribution under paragraph (1), additional
revenues from the fund must be distributed within 3 days of
March 15th after the election year.
(4) Within 3 days after the primary election results
are certified, for general election certified candidates,
revenues from the Fund must be distributed according to
whether the candidate is in a contested or uncontested

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general election.
Funds may be distributed to certified candidates under this
Section by any mechanism that is expeditious, ensures
accountability, and safeguards the integrity of the Fund.
(h) The candidate or committee shall deposit all revenues
from the Fund in a campaign account with a bank or other
financial institution. The campaign funds must be segregated
from, and may not be commingled with, any other funds.
(i) By July 1, 2010 and at least every 4 years after that
date, the State Board shall determine the amount of funds to be
distributed to participating candidates based on the type of
election and office as follows:
(1) For contested legislative primary elections, the
amount of revenues to be distributed is the average amount
of campaign expenditures made by each candidate during all
contested primary election races for the immediately
preceding 2 primary elections, as reported in the initial
filing period subsequent to the primary election, for the
respective offices of State Senate and State House of
Representatives.
(2) For uncontested legislative primary elections, the
amount of revenues distributed is the average amount of
campaign expenditures made by each candidate during all
uncontested primary election races for the immediately
preceding 2 primary elections, as reported in the initial
filing period subsequent to the primary election, for the

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respective offices of State Senate and State House of
Representatives.
(3) For contested legislative general elections, the
amount of revenues distributed is the average amount of
campaign expenditures made by each candidate during all
contested general election races for the immediately
preceding 2 general elections, as reported in the initial
filing period subsequent to the general election, for the
respective offices of State Senate and State House of
Representatives.
(4) For uncontested legislative general elections, the
amount of revenues to be distributed from the Fund is 40%
of the amount distributed to a participating candidate in a
contested general election.
(5) For gubernatorial primary elections, the amount of
revenues distributed is $2,000,000 per candidate in the
primary election.
(6) For gubernatorial general elections, the amount of
revenues distributed is $4,000,000 per candidate in the
general election.
(7) For contested primary elections for Lieutenant
Governor, the amount of revenues distributed is $500,000
per candidate in the primary election. No funds shall be
distributed for the general election.
(8) For contested primary elections for Attorney
General the amount of revenues distributed per candidate is

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$500,000 per candidate.
(9) For the general election for Attorney General, the
amount of funds distributed per candidate is $2,000,000.
(10) For primary elections for Secretary of State the
amount of revenues distributed per candidate is $500,000
per candidate.
(11) For the general election for Secretary of State,
the amount of funds distributed per candidate is
$2,000,000.
(12) For contested primary elections for State
Treasurer, the amount of revenues distributed per
candidate is $200,000.
(13) For the general election for State Treasurer, the
amount of funds distributed per candidate is $800,000.
(14) For contested primary elections for State
Comptroller, the amount of revenues distributed per
candidate is $200,000.
(15) For the general election for State Comptroller,
the amount of funds distributed per candidate is $800,000.
(16) For any uncontested primary or general election
for the office of Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Treasurer, or
Comptroller, the amount of funds distributed shall be 40%
of those otherwise distributed in a contested primary or
general election.
If the immediately preceding election cycles do not contain

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sufficient electoral data, the State Board shall use
information from the most recent applicable elections.
(j) When any campaign, finance, or election report shows
that the sum of a candidate's expenditures or obligations, or
funds raised or borrowed, whichever is greater, alone or in
conjunction with independent reported expenditures, exceeds
the distribution amount under subsection (h), the State Board
shall issue immediately to any opposing Illinois Clean
Elections Act candidate an additional amount equivalent to the
reported excess. Matching funds are limited to 2 times the
amount originally distributed under subsection (h), paragraph
(1), (3), (5), or (6), whichever is applicable.
(k) An unenrolled candidate certified by January 15th
preceding the primary election is eligible for revenues from
the Fund in the same amounts and at the same time as an
uncontested primary election candidate and a general election
candidate as specified in subsections (g) and (h). For an
unenrolled candidate not certified by January 15th at 5:00 p.m.
the deadline for filing qualifying contributions is 5:00 p.m.
on June 2nd preceding the general election. An unenrolled
candidate certified after January 15th at 5:00 p.m. is eligible
for revenues from the Fund in the same amounts as a general
election candidate, as specified in subsections (g) and (h).
(l) The State Board shall establish by rule procedures for
qualification, certification, disbursement of Fund revenues,
and return of unspent Fund revenues for races involving special

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elections, recounts, vacancies, withdrawals, or replacement
candidates.
(m) Notwithstanding any other provision of law,
participating and certified candidates shall report any money
collected, all campaign expenditures, obligations, and related
activities to the State Board according to procedures developed
by the State Board. Upon the filing of a final report for any
primary election in which the candidate was defeated and for
all general elections that candidate shall return all unspent
Fund revenues to the State Board. In developing these
procedures, the State Board shall utilize existing campaign
reporting procedures whenever practicable. The State Board
shall ensure timely public access to campaign finance data and
may utilize electronic means of reporting and storing
information.
(n) The treasurer shall obtain and keep:
(1) Bank or other account statements for the campaign
account covering the duration of the campaign.
(2) A vendor invoice stating the particular goods or
services purchased for every expenditure of $50 or more.
(3) A record proving that a vendor received payment for
every expenditure of $50 or more in the form of a cancelled
check, receipt from the vendor, or bank or credit card
statement identifying the vendor as the payee.
The treasurer shall preserve the records for 2 years
following the candidate's final campaign finance report for the

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election cycle. The candidate and treasurer shall submit
photocopies of the records to the State Board upon its request.
(o) The State Board may not distribute revenues to
certified candidates in excess of the total amount of money
deposited into the Fund as set forth in Section 15.
Notwithstanding any other provisions of this Act, if the State
Board determines that the revenues in the Fund are insufficient
to meet distributions under subsections (h) or (i), the State
Board may permit certified candidates to accept and spend
contributions, reduced by any seed money contributions,
aggregating no more than $500 per donor per election for
gubernatorial candidates and $250 per donor per election for
State Senate and State House candidates, up to the applicable
amounts set forth in subsections (h) and (i) according to rules
adopted by the State Board.
(p) A candidate who has been denied certification as an
Illinois Clean Elections Act candidate, the opponent of a
candidate who has been granted certification as an Illinois
Clean Elections Act candidate, or other interested persons may
challenge a certification decision by the State Board as
follows:
(1) A challenger may appeal to the full State Board
within 7 days after the certification decision. The appeal
must be in writing and must set forth the reasons for the
appeal.
(2) Within 5 days after an appeal is properly made and

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after notice is given to the challenger and any opponent,
the State Board shall hold a hearing. The appellant has the
burden of providing evidence to demonstrate that the State
Board decision was improper. The State Board must rule on
the appeal within 3 days after the completion of the
hearing.
(3) A challenger may appeal the decision of the State
Board in paragraph (2) by commencing an action in circuit
court.
(4) A candidate whose certification by the State Board
as an Illinois Clean Elections Act candidate is revoked on
appeal must return to the State Board any unspent revenues
distributed from the Fund.
If the State Board or court finds that an appeal was made
frivolously or to cause delay or hardship, the State Board or
court may require the moving party to pay costs of the State
Board, court, and opposing parties, if any.
Section 25. Rules. The State Board shall adopt rules to
ensure effective administration of this Act. These rules must
include but must not be limited to procedures for obtaining
qualifying contributions, certification as an Illinois Clean
Elections Act candidate, circumstances involving special
elections, vacancies, recounts, withdrawals or replacements,
collection of revenues for the Fund, distribution of Fund
revenue to certified candidates, return of unspent Fund

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disbursements, disposition of equipment purchased with Clean
Elections Funds, and compliance with this Act.
Section 30. Violations.
(a) In addition to any other penalties that may be
applicable, a person who violates any provision of this Act or
rules of the State Board adopted pursuant to Section 25 is
subject to a fine not to exceed $10,000 per violation payable
to the Fund. The State Board may assess a fine of up to $10,000
for a violation of reporting requirements if it determines that
the failure to file a timely and accurate report resulted in
the late payment of matching funds. This fine is recoverable in
a civil action. In addition to any fine, for good cause shown,
a candidate, treasurer, consultant, or other agent of the
candidate or the committee authorized by the candidate found in
violation of this Act or rules of the State Board may be
required to return to the Fund all amounts distributed to the
candidate from the Fund or any funds not used for
campaign-related purposes. If the State Board makes a
determination that a violation of this Act or rules of the
State Board has occurred, the State Board shall assess a fine
or transmit the finding to the Attorney General for
prosecution. Fines paid under this Section must be deposited
into the Fund. In determining whether or not a candidate is in
violation of the expenditure limits of this Act, the State
Board may consider as a mitigating factor any circumstances out

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of the candidate's control.
(b) A person who willfully or knowingly violates this Act
or rules of the State Board or who willfully or knowingly makes
a false statement in any report required by this Act commits a
business offense punishable by a fine of at least $1,001 and
not more than $5,000 and, if certified as an Illinois Clean
Elections Act candidate, must return to the Fund all amounts
distributed to the candidate.
Section 35. Study report. By January 30, 2011 and every 4
years after that date, the State Board shall prepare for the
General Assembly a report documenting, evaluating, and making
recommendations relating to the administration,
implementation, and enforcement of this Act and the Illinois
Clean Elections Fund.
Section 90. The State Finance Act is amended by adding
Section 5.719 as follows:
(30 ILCS 105/5.719 new)
Sec. 5.719. Illinois Clean Elections Fund.
Section 95. The Illinois Income Tax Act is amended by
adding Section 507SS as follows:
(35 ILCS 5/507SS new)

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Sec. 507SS. The Illinois Clean Elections Fund checkoff. For
taxable years ending on or after December 31, 2009, the
Department must print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Illinois Clean Elections Fund, as authorized
by the Illinois Clean Elections Act, he or she may do so by
stating the amount of the contribution (not less than $3) on
the return and that the contribution will reduce the taxpayer's
refund or increase the amount of payment to accompany the
return. Failure to remit any amount of increased payment shall
reduce the contribution accordingly. This Section does not
apply to any amended return.
Section 99. Effective date. This Act takes effect upon
becoming law.