Bill Text: IL SB1424 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Small Donor Democracy Matching System for Fair Elections Act. Amends the Election Code. Creates a small donor campaign contribution matching system for candidates for the offices of Governor, Attorney General, State Comptroller, State Treasurer, Secretary of State, State Senator, and State Representative. Creates the Small Donor Democracy Matching Fund as a special Fund in the State Treasury. Sets forth requirements for accessing the small donor matching system. Sets forth provisions for the funding of the matching contributions. Imposes limits on the access to matching funds. Allows the General Assembly to increase various amounts, subject to public referendum. Provides for penalties for violations of the provisions. Sets forth disclosure requirements. Creates the Campaign Finance Board within the State Board of Elections to implement the campaign matching system. Amends the State Finance Act to make a conforming change. Includes severability provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed) 2017-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB1424 Detail]

Download: Illinois-2017-SB1424-Engrossed.html



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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be referred to as the
5Small Donor Democracy Matching System for Fair Elections Act.
6 Section 5. The Election Code is amended by changing Section
79-25.1 and by adding Article 9A as follows:
8 (10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch.
9 46, pars. 102, 103 and 104)
10 Sec. 9-25.1. Election interference.
11 (a) As used in this Section, "public funds" means any funds
12appropriated by the Illinois General Assembly or by any
13political subdivision of the State of Illinois.
14 (b) No public funds shall be used to urge any elector to
15vote for or against any candidate or proposition, or be
16appropriated for political or campaign purposes to any
17candidate or political organization. This Section shall not
18prohibit the use of public funds for dissemination of factual
19information relative to any proposition appearing on an
20election ballot, or for dissemination of information and
21arguments published and distributed under law in connection
22with a proposition to amend the Constitution of the State of

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1Illinois. However, this Section does not apply to funds
2expended in connection with the campaign contribution matching
3program established in Article 9A of this Code or similar
4systems of public financing for elections established by a home
5rule unit of government.
6 (c) The first time any person violates any provision of
7this Section, that person shall be guilty of a Class B
8misdemeanor. Upon the second or any subsequent violation of any
9provision of this Section, the person violating any provision
10of this Section shall be guilty of a Class A misdemeanor.
11(Source: P.A. 87-1052.)
12 (10 ILCS 5/Art. 9A heading new)
13
ARTICLE 9A. CAMPAIGN CONTRIBUTION MATCHING
14 (10 ILCS 5/9A-5 new)
15 Sec. 9A-5. Legislative findings. The General Assembly
16finds that the current campaign finance system:
17 (1) discourages many otherwise qualified candidates
18 from running for office because of the need to raise
19 substantial sums of money to be competitive and to enable
20 them to adequately get their message out to voters;
21 (2) forces candidates to raise larger and larger
22 percentages of money from interest groups that have a
23 specific financial stake in matters before state
24 government to keep pace with rapidly increasing campaign

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1 costs;
2 (3) diminishes elected officials' accountability to
3 their constituents by compelling them to be
4 disproportionately accountable to the relatively small
5 group of contributors who finance their election
6 campaigns;
7 (4) diminishes the rights of all citizens to equal and
8 meaningful participation in the democratic process;
9 (5) disadvantages challengers, because campaign
10 contributors tend to give their money to incumbents, thus
11 causing elections to be less competitive;
12 (6) burdens candidates with the incessant rigors of
13 fundraising and thus decreases the time available to carry
14 out their public responsibilities; and
15 (7) necessitates the creation of a Fair Elections Small
16 Donor Matching System to address these concerns.
17 (10 ILCS 5/9A-10 new)
18 Sec. 9A-10. Scope. The program created under this Article
19applies to candidates for the offices of Governor, Attorney
20General, State Comptroller, State Treasurer, Secretary of
21State, State Senator, and State Representative. Candidates for
22these offices are eligible to participate in the matching funds
23program established by this Article.
24 (10 ILCS 5/9A-15 new)

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1 Sec. 9A-15. Definitions. As used in this Article:
2 "Board" means the Campaign Finance Board of the State Board
3of Elections created under this Article.
4 "Candidate" means any person who seeks nomination for
5election, election to, or retention in public office as a
6Constitutional State Officer or a member of the Illinois Senate
7or General Assembly. A person seeks nomination for election,
8election, or retention if he or she (1) takes the action
9necessary under the laws of this State to attempt to qualify
10for nomination for election, election to, or retention in
11public office or (2) receives contributions or makes
12expenditures, or gives consent for any other person to receive
13contributions or make expenditures with a view to bringing
14about his or her nomination for election or election to or
15retention in public office.
16 "Contribution" has the meaning ascribed to it in Section
179-1.4 of this Code, but does not include anything deemed an
18independent expenditure under this Article.
19 "Coordination" means an expenditure made in cooperation,
20consultation, or concert with or at the request or suggestion
21of a candidate, an authorized committee of a candidate, a
22political committee of a political party, or agents of the
23candidate or candidate political committee, or any payment for
24any communication which republishes, disseminates, or
25distributes, in whole or in part, any broadcast or any written,
26graphic, or other form of campaign material prepared by the

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1candidate or his or her candidate political committee or their
2agents.
3 "Election cycle" means the time beginning on the January 1
4following a general election and ending on the December 31
5following the next general election.
6 "Expenditure" means:
7 (1) a payment, distribution, purchase, loan, advance,
8 deposit, gift of money, or anything of value, in connection
9 with the nomination for election, election, or retention of
10 any person to or in public office or in connection with any
11 question of public policy; or
12 (2) a payment, distribution, purchase, loan, advance,
13 deposit, gift of money, or anything of value that
14 constitutes an electioneering communication made in
15 concert or cooperation with or at the request, suggestion,
16 or knowledge of a candidate, a political committee, or any
17 of their agents; or a transfer of funds by a political
18 committee to another political committee.
19 However, "expenditure" does not include:
20 (A) the use of real or personal property and the cost
21 of invitations, food, and beverages, voluntarily provided
22 by an individual in rendering voluntary personal services
23 on the individual's residential premises for
24 candidate-related activities; provided the value of the
25 service provided does not exceed an aggregate of $150 in a
26 reporting period as the Board may further define; or

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1 (B) sale of any food or beverage by a vendor for use in
2 a candidate's campaign at a charge less than the normal
3 comparable charge, if such charge for use in a candidate's
4 campaign is at least equal to the cost of such food or
5 beverage to the vendor.
6 "Fund" means the Small Donor Democracy Matching Fund
7established under this Article.
8 "Immediate family" means a person's parents, siblings,
9spouse, and children.
10 "Independent expenditure" means an expenditure by anyone,
11including, but not limited to, any individual, corporation,
12partnership, political action committee, association, or
13party, that would otherwise constitute a contribution or
14expenditure under this Article, but that is made without any
15cooperation, consultation, or agreement with any political
16candidate.
17 "Initial qualifying contribution" means a qualified
18contribution used for the purpose of determining whether a
19candidate has raised the minimum number of contributions to
20participate in the small donor matching funds system under this
21Article.
22 "Matching funds" means funds paid to a participating
23candidate under this Article.
24 "Matching funds program" means the campaign donation
25matching funds program created under this Article.
26 "Nomination period" means the period specified under this

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1Code during which candidates must submit nomination papers for
2any of the State offices covered by this Article.
3 "Non-participating candidate" means any candidate who is
4not a participating candidate, including any candidate who has
5not qualified for matching funds or who has elected not to
6participate in the matching funds program.
7 "Participating candidate" means a candidate who qualifies
8for matching funds under this Article and opts to participate
9in the matching funds program created under this Article.
10 "Qualified contribution" means a monetary contribution not
11less than $25 and not greater than the initial $150 of any
12contribution made by a qualified contributor.
13 "Qualified contributor" means a natural person resident in
14the State who will be eligible to vote within the current
15election cycle other than the candidate, members of the
16candidate's immediate family, and any political action
17committee controlled by the candidate.
18 "Qualifying period" means the period beginning the day
19after the date of the most recent general election for the
20specific office or seat that a candidate is seeking and ending
21on the day prior to the election (whether primary or general
22election) for which the matching funds are sought.
23 (10 ILCS 5/9A-20 new)
24 Sec. 9A-20. Small Donor Democracy Matching Fund.
25 (a) There is created a Small Donor Democracy Matching Fund

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1as a special fund in the State treasury. The Fund is
2established for the purposes of:
3 (1) providing public financing for the election
4 campaigns of participating candidates under this Article;
5 and
6 (2) paying for the administrative and enforcement
7 costs of the Board related to the matching funds program
8 created by this Article.
9 (b) The General Assembly may annually appropriate either $1
10per resident of this State or one-twentieth of 1% of the
11State's annual budget, whichever is greater, to the Fund. The
12General Assembly shall appropriate no more than $50,000,000 to
13the Fund in any election cycle.
14 (c) Other revenue that shall be deposited into the Fund
15includes:
16 (1) any funds returned by any participating candidate
17 that remain unspent by a participating candidate following
18 the date of the election for which they were distributed,
19 in accordance with subsection (c) of Section 9A-55 of this
20 Code;
21 (2) fines levied by the Board or courts against
22 candidates for violations of this Code, except as otherwise
23 provided by this Code; and
24 (3) voluntary donations made directly to the Fund.
25 (10 ILCS 5/9A-25 new)

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1 Sec. 9A-25. Eligibility for matching funds.
2 (a) To be eligible to be certified as a participating
3candidate, a candidate must:
4 (1) during the qualifying period for the election
5 involved, choose to participate in the matching funds
6 program by filing with the Board a written application for
7 certification as a participating candidate in such form as
8 may be prescribed by the Board, containing the identity of
9 the participating candidate, the office that the
10 participating candidate seeks, and the participating
11 candidate's signature, under penalty of perjury,
12 certifying that:
13 (A) the participating candidate has complied since
14 the last election or the effective date of this
15 amendatory Act of the 100th General Assembly,
16 whichever is most recent, and will continue to comply,
17 with the restrictions of this Article during the
18 applicable election cycle; a candidate who has
19 accepted impermissible contributions prior to filing
20 to participate in this program shall return any such
21 impermissible contributions prior to filing to
22 participate in this matching funds program to the
23 extent practical, as determined by the Board in adopted
24 rules;
25 (B) the participating candidate's campaign
26 committee has filed all campaign finance reports

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1 required by law during the applicable election cycle to
2 date and that they are complete and accurate;
3 (2) sign a participating candidate contract signifying
4 the candidate's prior compliance and continuing commitment
5 to comply with the requirements of this Article, to comply
6 with the contribution limits set forth in this Article and
7 in that contract, and to comply with any other requirements
8 set forth in that contract;
9 (3) meet all requirements of applicable law to be
10 listed on the ballot; and
11 (4) before the close of the qualifying period, collect
12 at least the following number of initial qualifying
13 contributions for the office in question:
14 (A) 1,000 qualified contributions for candidates
15 for Governor;
16 (B) 500 qualified contributions for candidates for
17 Lieutenant Governor, Attorney General, State
18 Comptroller, State Treasurer, and Secretary of State;
19 (C) 200 qualified contributions for candidates for
20 State Senator; and
21 (D) 100 qualified contributions for candidates for
22 State Representative;
23 each initial qualifying contribution shall:
24 (i) have the initial qualified contributor's
25 signature, or an electronic equivalent for any
26 donations received on-line, signifying that the

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1 initial qualified contributor understands that the
2 purpose of the initial qualifying contribution is
3 to help the candidate qualify for the matching
4 funds program and that the contribution is made
5 without coercion or reimbursement; and
6 (ii) be acknowledged by a written receipt, or
7 the electronic equivalent for any donation
8 received on-line, to the initial qualified
9 contributor, with a copy retained by the
10 candidate; the receipt shall include the initial
11 qualified contributor's signature, printed name,
12 home address, and telephone number, if any, and the
13 name of the candidate on whose behalf the
14 contribution is made.
15 A contribution for which a candidate has not obtained a
16 signed and fully completed receipt, or its electronic
17 equivalent, shall not be counted as an initial qualifying
18 contribution for the purpose of satisfying this
19 qualification requirement.
20 (b) In addition to the requirements of subsection (a) of
21this Section, in order for a candidate for Governor or
22Lieutenant Governor to be eligible to be certified as a
23participating candidate, the other member of the team of
24candidates for the offices of Governor and Lieutenant Governor
25must also be a participating candidate.
26 (c) To remain eligible to continue to receive matching

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1funds under this Article, a candidate must:
2 (1) maintain records of all contributions, receipts,
3 and expenditures as required by the Board;
4 (2) obtain and furnish to the Board any information it
5 may request relating to his or her campaign expenditures,
6 contributions, and qualified contributions and furnish any
7 documentation and other proof of compliance with this
8 Article as may be requested by the Board; and
9 (3) remain in compliance with the requirements set
10 forth in this Article.
11 (d) At the earliest practicable time after a candidate
12files a written application for certification as a
13participating candidate with the Board, in no event exceeding
1410 business days, the Board shall certify in writing that the
15candidate is or is not eligible. Eligibility may be revoked if
16the Board determines, after appropriate due process, that a
17candidate has committed a substantial violation of the
18requirements of this Article, in which case all matching funds
19granted to the candidate shall be repaid to the Fund. A
20determination shall be made by the Board after an appropriate
21hearing, affording due process to the aggrieved party, under
22rules to be adopted by the Board that further define what
23constitutes a "substantial violation" and that set forth the
24procedures to be followed in connection with any such hearing.
25 (10 ILCS 5/9A-30 new)

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1 Sec. 9A-30. Matching funds payments.
2 (a) A candidate who is certified as a participating
3candidate shall receive payment of matching funds equal to 6
4times the amount of qualified contributions received by the
5participating candidate during the election cycle with respect
6to a single election subject to the aggregate limit on the
7total amount of matching funds payments to a participating
8candidate specified in subsection (b) of this Section, unless
9the candidate has no opposition on the ballot. Unopposed
10candidates shall not be eligible to receive matching funds
11unless and until they cease to be unopposed; however, any
12candidate that had already received matching funds under this
13Article prior to becoming unopposed shall be entitled to retain
14those funds and spend those funds in accordance with Section
159A-50 of this Code.
16 (b) Subject to the requirements of subsection (a) of
17Section 9A-40 of this Code, the aggregate amount of matching
18funds payments that may be made to a participating candidate
19during an election cycle may not exceed the following:
20 (1) $5,000,000 for candidates for Governor;
21 (2) $1,000,000 for candidates for Lieutenant Governor,
22 Attorney General, State Comptroller, State Treasurer, and
23 Secretary of State;
24 (3) $300,000 for candidates for State Senator; and
25 (4) $150,000 for candidates for State Representative.
26 (c) A participating candidate's application for matching

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1funds, including an initial request submitted with an
2application for certification as a participating candidate,
3shall be made using a form prescribed by the Board and shall be
4accompanied as necessary by initial qualifying contribution
5receipts and any other information the Board requires by rule.
6This application shall be accompanied by a signed statement
7from the participating candidate indicating that all
8information on the initial qualifying contribution receipts is
9complete and accurate to the best of the participating
10candidate's knowledge. The Board shall verify that a
11participating candidate's qualified contributions meet all of
12the requirements and limitations of this Article prior to the
13disbursement of matching funds to the participating candidate.
14 (d) The Board shall make an initial payment of the matching
15funds within 10 business days of the Board's certification of a
16participating candidate's eligibility in accordance with the
17provisions of this Article, or as soon thereafter as is
18practicable.
19 (e) The Board shall establish a schedule for the submission
20of matching funds payment requests, permitting a participating
21candidate to submit a matching funds payment request at least
22once per month, in accordance with a schedule established by
23the Board.
24 (f) In the event that 90% of the existing Fund has been
25distributed, the Board shall give notice within 24 hours to all
26candidates that only 10% of the Fund remains. Thereafter, the

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1Board shall make no further matching funds payments until after
2election day and it shall only pay any requests submitted after
3notice has been distributed under this subsection (f)
4proportionally, spread over all candidates and requests
5equally, in a manner to be determined in greater detail
6pursuant to rules adopted by the Board.
7 (10 ILCS 5/9A-35 new)
8 Sec. 9A-35. Limits on contributions.
9 (a) Subject to the requirements of subsection (a) of
10Section 9A-40 of this Code, no candidate shall accept, directly
11or indirectly, any contribution (or combination of
12contributions) from the same person, corporation, partnership,
13political party, political action committee, or other legal
14entity in excess of $500. However, if a candidate in the
15participating candidate's race exceeds the self-funding
16thresholds established in subsection (h) of Section 9-8.5 of
17this Code for that race, the limitation under this subsection
18(a) is increased to $2,500.
19 (b) No participating candidate shall accept any
20contribution (or combination of contributions) from any
21person, corporation, partnership, or other legal entity who
22lobbies members of the State executive or legislative branches,
23within the meaning of the Lobbyist Registration Act, or does
24business with the State. No participating candidate shall
25encourage, support, cooperate, or coordinate with any

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1independent expenditure committee or any individual engaging
2in independent expenditures, whether in support of the
3candidate or in opposition to the candidate's opponent. The
4Board may adopt additional rules defining who constitutes a
5"lobbyist" and who is deemed to be "doing business" with the
6State within the meaning of this Article.
7 (c) No participating candidate shall make expenditures
8from or use his or her own personal funds or the personal funds
9or property held jointly with members of his or her immediate
10family in connection with his or her nomination for election or
11election, except as a contribution to his or her political
12committee in an amount that does not exceed 10 times the
13maximum contribution applicable under subsection (a) of this
14Section. No participating candidate shall make expenditures
15from or use other personal funds or property of his or her
16immediate family in furtherance of his or her own campaign.
17 (10 ILCS 5/9A-40 new)
18 Sec. 9A-40. Adjustment.
19 (a) The Board shall revise the limits on contributions and
20on overall contributions at least one year prior to the next
21general primary election. The Board shall adjust them by an
22amount equal to the change in the Consumer Price Index for all
23Urban Consumers for all items published by the United States
24Department of Labor for the 12-month calendar year preceding
25readjustment. Amounts shall be rounded to the nearest $10. The

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1revised overall limits shall be published no later than one
2year prior to the date of the next general primary election.
3 (b) The General Assembly shall review the amounts and
4numbers of required initial qualifying contributions, the
5ratio of matching funds, the additional limits on
6contributions, and the limits on overall contributions in the
76-month period following each general election to determine if
8they shall stay the same, after any adjustment for inflation
9under subsection (a) of this Section, or be increased for the
10next general primary election and general election.
11 (c) If the General Assembly determines that any of the
12figures specified in subsection (b) of this Section should
13change, then any proposed change, other than an adjustment for
14inflation under subsection (a) of this Section, shall be
15adopted for the next general election by a majority vote of
16each chamber of the General Assembly and shall also be
17submitted to the voters via a binding referendum for
18ratification at the next consolidated election for approval or
19rejection with respect to any future general elections.
20 (10 ILCS 5/9A-45 new)
21 Sec. 9A-45. Campaign accounts for participating
22candidates. During an election cycle, each participating
23candidate shall conduct all campaign financial activities
24through a single political action committee, consistent with
25subsection (b) of Section 9-2 of this Code, and shall comply

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1with any additional recordkeeping requirements imposed under
2this Article by the Board.
3 (10 ILCS 5/9A-50 new)
4 Sec. 9A-50. Expenditures of matching funds.
5 (a) A participating candidate shall use matching funds only
6for direct campaign purposes. The Board may further define the
7phrase "direct campaign purposes" by rule.
8 (b) Neither a participating candidate nor anyone acting on
9his or her behalf shall use matching funds for:
10 (1) costs of legal defense in any campaign law
11 enforcement proceeding;
12 (2) indirect campaign purposes, including, but not
13 limited to:
14 (A) the participating candidate's personal support
15 or compensation to the participating candidate or the
16 participating candidate's immediate family;
17 (B) clothing, haircuts, and other items related to
18 the participating candidate's personal appearance;
19 (C) a contribution or loan to the campaign
20 committee of another candidate, a party committee, or
21 other political committee;
22 (D) an independent expenditure;
23 (E) automobile purchases, tuition payments, or
24 childcare costs;
25 (F) dues, fees, or gratuities at a country club,

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1 health club, recreational facility, or other
2 nonpolitical organization unless part of a specific
3 fundraising event that takes place on the
4 organization's premises;
5 (G) admission to a sporting event, theater,
6 concert, or other entertainment event not part of a
7 specific campaign activity; or
8 (H) gifts, except for brochures, buttons, signs,
9 and other campaign materials and token gifts valued at
10 not more than $50 that are for the purpose of
11 expressing gratitude, condolences, or congratulations.
12 (10 ILCS 5/9A-55 new)
13 Sec. 9A-55. Disclosure requirements and procedures; return
14of funds.
15 (a) Each participating candidate shall file reports of
16contribution receipts and of expenditures of matching funds and
17other campaign funds at such times and in such manners as the
18Board may prescribe by rule, including, but not limited to,
19reports containing information necessary to verify that the
20qualified contributions received by participating candidates
21and that the matching funds spent by participating candidates
22comply with the restrictions and requirements of this Article.
23 (b) The Board by rule shall adopt procedures for auditing
24any reports filed with it as well as related reports filed with
25the State Board of Elections and issuing a public report

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1summarizing the election results, the campaign expenditures
2made in connection with offices covered by this Article, and
3the level and amount of matching funds provided to each
4campaign.
5 (c) Within 90 days after the consolidated or general
6election, every participating candidate who received matching
7funds under this Article shall repay the Fund any unused
8matching funds, calculated as follows: any unused campaign
9funds shall be multiplied by a ratio consisting of the total
10amount of matching funds received by the campaign in the
11numerator and the total amount of campaign funds raised by the
12campaign in the denominator. The amount of any repayment under
13this subsection (c) shall not exceed the total amount of
14matching funds paid to the campaign.
15 (10 ILCS 5/9A-60 new)
16 Sec. 9A-60. Joint campaign contributions and expenditures.
17Where multiple candidates are otherwise permitted under State
18law to engage in joint efforts to raise campaign contributions
19or in joint campaign expenditures, any contribution received at
20a joint fundraising event and any joint campaign expenditures
21shall be appropriately allocated among the participating
22candidates in a reasonable manner to be agreed upon by those
23candidates participating in the activity. The Board may review
24the reasonableness of any allocation under this Section.

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1 (10 ILCS 5/9A-65 new)
2 Sec. 9A-65. Application of contribution and expenditure
3limitations to certain political activities. Nothing in this
4Article shall be construed to restrict candidates or their
5agents from making appearances at events sponsored or paid for
6by persons, political committees, or other entities that are
7not in any way affiliated with the candidate or any agent of
8the candidate. The costs of these events shall not be
9considered contributions to or expenditures by the candidate
10for purposes of this Article simply because the candidate or
11agent appears at such an event. However, this provision does
12not apply to events at which contributions are solicited on
13behalf of the participating candidate.
14 (10 ILCS 5/9A-70 new)
15 Sec. 9A-70. Campaign Finance Board; general powers and
16duties.
17 (a) A Campaign Finance Board is created within the State
18Board of Elections, consisting of 5 members appointed by the
19Governor with the approval of a majority of both the House of
20Representatives and the Senate. Each party or caucus
21represented in the General Assembly shall have at least one
22member on the Board. However, the Chairperson of the Board
23shall not be affiliated with any political party. The initial
24appointments required under this subsection (a) shall be made
25within 6 months of the effective date of this amendatory Act of

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1the 100th General Assembly, and their terms shall commence on
2the January 1 following appointment. The terms of office for
3the initial appointees shall be, except for the Chairperson,
4determined by lot as follows:
5 (1) one member shall serve a term of one year;
6 (2) one member shall serve a term of 2 years;
7 (3) one member shall serve a term of 3 years;
8 (4) one member shall serve a term of 4 years; and
9 (5) the initial Chairperson shall serve a term of 5
10 years.
11 Thereafter, each member shall be appointed for a term of 5
12years, according to the original manner of appointment. In the
13case of a vacancy in the office of a member, a member shall be
14selected to serve the remainder of the unexpired term in the
15same manner the vacating member was selected. Members shall
16serve no more than 3 consecutive terms. No member of the Board
17may be removed from office except for cause, after notice and a
18hearing by the Senate.
19 (b) To be eligible to serve as a member of the Board, an
20individual must meet all of the following qualifications
21throughout the period of his or her service:
22 (1) the member must be a resident of Illinois, eligible
23 and registered to vote;
24 (2) the member must agree that he or she and any
25 members of his or her immediate family will not make any
26 contributions to any candidate for any of the offices

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1 eligible to receive matching funds during his or her term
2 of service;
3 (3) the member must agree not to (i) serve as an
4 officer of a political party or (ii) be a candidate or
5 participate in any capacity in a campaign by a candidate
6 for any of the offices eligible to receive public matching
7 funds under this Article during his or her term of service;
8 (4) the member may not otherwise be an officer or
9 employee of the State, nor a lobbyist engaged in lobbying
10 any elected officials of the State; and
11 (5) the member must agree to undergo training under the
12 supervision of the Chairperson of the Board.
13 (c) Subject to appropriations, the members of the Board
14shall be compensated at a rate specified by law while
15performing the work of the Board.
16 (d) The Board may employ necessary staff, including
17attorneys and accountants, and may utilize the services of
18employees of the State Board of Elections to assist the Board
19in carrying out its duties. Subject to appropriations, the
20total budget for the Board's operations shall not be less than
21.01% of the overall State budget.
22 (e) The Board shall have the authority to adopt rules and
23provide forms as it deems necessary to administer the matching
24funds system created by this Article. The Board shall adopt
25rules concerning the form in which contributions and
26expenditures are to be reported, the periods during which such

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1reports must be filed, the measures for auditing and reporting
2on campaign contributions and expenditures, and the
3verification required.
4 (f) The Board shall have the power to investigate all
5matters relating to the performance of its functions and any
6other matter relating to the proper administration of this
7Article. It shall have the power to require the attendance of
8witnesses, to examine and take testimony under oath of any
9persons as it shall deem necessary, and to require the
10production of books, accounts, papers, and any other relevant
11evidence relative to such investigation.
12 (g) The Board shall develop a program for informing
13candidates and the public about the small donor matching funds
14system created by this Article. The Board may prepare and make
15available educational materials, including compliance manuals
16and summaries of the relevant provisions of this program. The
17Board shall prepare and make available materials including, to
18the extent feasible, computer software, to facilitate the task
19of compliance with the disclosure and recordkeeping
20requirements under this Article.
21 (h) The Board shall have the power to render advisory
22opinions with respect to questions arising under this Article.
23These opinions may be requested in writing by any candidate,
24political committee, or member of the general public. The Board
25shall adopt rules regarding submissions and responses to such
26requests, including response times. The Board shall make public

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1its response to any such requests, as well as to any other
2formal rulings or interpretations it makes, including by
3posting them on its website, if practicable.
4 (i) The Board shall have the authority to implement any
5system established for the regulation of inauguration and
6transition donations and expenditures, including any related
7penalties. It shall also have the authority to adopt and
8implement a system for handling the transition from the
9existing campaign finance system and any pre-existing
10political committees and contributions to the small donor
11matching funds system implemented by this Article.
12 (j) The Board may take such other actions as are necessary
13and proper to carry out its functions and the purposes of
14adoption of a small donor matching funds system. The specific
15grants of power under this Section do not constitute and shall
16not be construed as limitations on the other proper and
17necessary powers of the Board.
18 (k) All final administrative decisions under this Article
19are subject to judicial review under the Administrative Review
20Law and its rules.
21 (10 ILCS 5/9A-75 new)
22 Sec. 9A-75. Public campaign financing program penalties.
23 (a) If a participating candidate knowingly accepts or
24spends matching funds in violation of this Article, then the
25candidate shall repay to the Fund a civil fine in an amount

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1equal to twice the value of the funding unlawfully accepted or
2spent.
3 (b) The Board shall, after a hearing affording the
4aggrieved party due process, have the authority to impose the
5fine created by this Section, to order repayment of
6overpayments that were not knowingly received, and to take any
7other appropriate action, pursuant to any additional rules
8concerning such hearings as the Board shall adopt.
9 (c) Any member of the public, as well as the Board on its
10own initiative, shall have standing to file a complaint with
11the Board alleging a violation of this Article. In the event a
12complaint is filed by an opposing candidate, or in coordination
13with an opposing candidate's campaign, the Board shall have the
14option of awarding costs and attorneys' fees in the event the
15complaint is found to have been lacking a reasonable basis.
16 (d) The Board shall adopt appropriate rules guaranteeing
17notice and due process to anyone accused of violating this
18Article and setting forth the process the Board will follow in
19investigating and adjudicating any such complaint.
20 Section 10. The State Finance Act is amended by adding
21Section 5.878 as follows:
22 (30 ILCS 105/5.878 new)
23 Sec. 5.878. The Small Donor Democracy Matching Fund.

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1 Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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