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


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 10-0)

Status: (Introduced) 2017-04-28 - Rule 2-10 Third Reading Deadline Established As May 31, 2017 [SB1424 Detail]

Download: Illinois-2017-SB1424-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1424

Introduced 2/9/2017, by Sen. Daniel Biss - Jacqueline Y. Collins - Andy Manar and Heather A. Steans

SYNOPSIS AS INTRODUCED:
See Index

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.
LRB100 08388 MLM 18500 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1424LRB100 08388 MLM 18500 b
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 adding Article
79A as follows:
8 (10 ILCS 5/Art. 9A heading new)
9
ARTICLE 9A. CAMPAIGN CONTRIBUTION MATCHING
10 (10 ILCS 5/9A-5 new)
11 Sec. 9A-5. Legislative findings. The General Assembly find
12that the current campaign finance system:
13 (1) discourages many otherwise qualified candidates
14 from running for office because of the need to raise
15 substantial sums of money to be competitive and to enable
16 them to adequately get their message out to voters;
17 (2) fuels the public perception of corruption and
18 undermines public confidence in our democratic process and
19 republican institutions by forcing candidates to rely
20 unduly on wealthy individuals and special interests to fund
21 their campaigns;

SB1424- 2 -LRB100 08388 MLM 18500 b
1 (3) creates a danger of actual corruption by
2 encouraging elected officials to take money from private
3 interests that are directly affected by governmental
4 actions;
5 (4) forces candidates to raise larger and larger
6 percentages of money from interest groups that have a
7 specific financial stake in matters before state
8 government to keep pace with rapidly increasing campaign
9 costs;
10 (5) diminishes elected officials' accountability to
11 their constituents by compelling them to be
12 disproportionately accountable to the relatively small
13 group of contributors who finance their election
14 campaigns;
15 (6) diminishes the rights of all citizens to equal and
16 meaningful participation in the democratic process;
17 (7) disadvantages challengers, because campaign
18 contributors tend to give their money to incumbents, thus
19 causing elections to be less competitive;
20 (8) burdens candidates with the incessant rigors of
21 fundraising and thus decreases the time available to carry
22 out their public responsibilities; and
23 (9) necessitates the creation of a Fair Elections Small
24 Donor Matching System to address these concerns.
25 (10 ILCS 5/9A-10 new)

SB1424- 3 -LRB100 08388 MLM 18500 b
1 Sec. 9A-10. Scope. The program created under this Article
2applies to candidates for the offices of Governor, Attorney
3General, State Comptroller, State Treasurer, Secretary of
4State, State Senator, and State Representative. Candidates for
5these offices shall be eligible to participate in the matching
6funds program established by this Article.
7 (10 ILCS 5/9A-15 new)
8 Sec. 9A-15. Definitions. As used in this Article:
9 "Board" means the Campaign Finance Board of the State Board
10of Elections created under this Article.
11 "Candidate" means any person who seeks nomination for
12election, election to, or retention in public office as a
13Constitutional State Officer, a member of the Illinois Senate
14or General Assembly, or a judge for the appellate or supreme
15court. A person seeks nomination for election, election or
16retention if he or she (1) takes the action necessary under the
17laws of this State to attempt to qualify for nomination for
18election, election to, or retention in public office or (2)
19receives contributions or makes expenditures, or gives consent
20for any other person to receive contributions or make
21expenditures with a view to bringing about his or her
22nomination for election or election to or retention in public
23office.
24 "Contribution" has the meaning ascribed to it in Section
259-1.4 of this Code, but does not include anything deemed an

SB1424- 4 -LRB100 08388 MLM 18500 b
1independent expenditure under this Article.
2 "Coordination" means an expenditure made in cooperation,
3consultation, or concert with or at the request or suggestion
4of a candidate, an authorized committee of a candidate, a
5political committee of a political party, or agents of the
6candidate or candidate political committee, or any payment for
7any communication which republishes, disseminates or
8distributes, in whole or in part, any broadcast or any written,
9graphic, or other form of campaign material prepared by the
10candidate or his or her candidate political committee or their
11agents.
12 "Election cycle" means either of the two separate periods
13under this Code (i) with one cycle beginning on January 1
14following a general election and ending on the day of the
15general primary and (ii) with a second cycle beginning the day
16after the general primary and ending on the December 31
17following a general election.
18 "Expenditure" means"
19 (1) a payment, distribution, purchase, loan, advance,
20 deposit, gift of money, or anything of value, in connection
21 with the nomination for election, election, or retention of
22 any person to or in public office or in connection with any
23 question of public policy; or
24 (2) a payment, distribution, purchase, loan, advance,
25 deposit, gift of money, or anything of value that
26 constitutes an electioneering communication made in

SB1424- 5 -LRB100 08388 MLM 18500 b
1 concert or cooperation with or at the request, suggestion,
2 or knowledge of a Candidate, a political committee, or any
3 of their agents; or a transfer of funds by a political
4 committee to another political committee.
5 However, "expenditure" does not include:
6 (A) the use of real or personal property and the cost
7 of invitations, food, and beverages, voluntarily provided
8 by an individual in rendering voluntary personal services
9 on the individual's residential premises for
10 Candidate-related activities; provided the value of the
11 service provided does not exceed an aggregate of $150 in a
12 reporting period as the Board may further define; or
13 (B) sale of any food or beverage by a vendor for use in
14 a Candidate's campaign at a charge less than the normal
15 comparable charge, if such charge for use in a Candidate's
16 campaign is at least equal to the cost of such food or
17 beverage to the vendor.
18 "Fund" means the Small Donor Democracy Matching Fund
19established under this Article.
20 "Immediate family" means a person's parents, siblings,
21spouse, and children.
22 "Independent expenditure" means an expenditure by anyone,
23including, but not limited to, any individual, corporation,
24partnership, political action committee, association, or
25party, that would otherwise constitute a contribution or
26expenditure under this Article, but that is made without any

SB1424- 6 -LRB100 08388 MLM 18500 b
1cooperation, consultation, or agreement with any political
2candidate.
3 "Initial qualifying contribution" means a qualified
4contribution used for the purpose of determining whether a
5candidate has raised the minimum number of contributions to
6participate in the small donor matching funds program under
7this Article.
8 "Matching funds" means funds paid to a participating
9candidate under this Article.
10 "Matching funds program" means the campaign donation
11matching program created under this Article.
12 "Nomination period" means the period specified under this
13Code during which candidates must submit nomination papers for
14any of the State offices covered by this Article.
15 "Non-participating candidate" means any candidate who is
16not a participating candidate, including any candidate who has
17not qualified for matching funds or who has elected not to
18participate in the matching funds program.
19 "Participating candidate" means a candidate who qualifies
20for matching funds under this Article and opts to participate
21in the matching funds program created under this Article.
22 "Qualified contribution" shall mean a monetary
23contribution not less than $25 and not greater than the initial
24$150 of any contribution made by a qualified contributor.
25 "Qualified contributor" means a natural person resident in
26the State who will be eligible to vote within the current

SB1424- 7 -LRB100 08388 MLM 18500 b
1election cycle other than the candidate, members of the
2candidate's immediate family, and any political action
3committee controlled by the candidate.
4 "Qualifying period" means the period beginning the day
5after the date of the most recent general election for the
6specific office or seat that a candidate is seeking and ending
7on the day prior to the election (whether primary or general
8election) for which the matching funds are sought.
9 (10 ILCS 5/9A-20 new)
10 Sec. 9A-20. Small Donor Democracy Matching Fund.
11 (a) There is created a Small Donor Democracy Matching Fund
12as a special fund in the State Treasury. The Fund is
13established for the purpose of:
14 (1) providing public financing for the election
15 campaigns of participating candidates under this Article;
16 and
17 (2) paying for the administrative and enforcement
18 costs of the Board related to the matching funds program
19 created by this Article.
20 (b) The General Assembly shall annually appropriate either
21$1 per resident of this State or one-twentieth of 1% of the
22State's annual budget, whichever is greater, to the Fund. Any
23increase in the amount of funds appropriated for the Small
24Donor Democracy Matching Fund must be approved by three-fifths
25of the members of both houses of the General Assembly, and must

SB1424- 8 -LRB100 08388 MLM 18500 b
1also be approved by a majority of those voting in the next
2consolidated or general election, before any such additional
3funds are paid out pursuant to the program established by this
4Article.
5 (c) Other revenue that shall be deposited into the Fund
6includes:
7 (1) any funds returned by any Participating Candidate
8 that remain unspent by a Participating Candidate following
9 the date of the election for which they were distributed,
10 in accordance with subsection (c) of Section 9A-55 of this
11 Code;
12 (2) fines levied by the Board or courts against
13 candidates for violation of violations of this Code, except
14 as otherwise provided by this Code; and
15 (3) voluntary donations made directly to the Fund.
16 (10 ILCS 5/9A-25 new)
17 Sec. 9A-25. Eligibility for matching funds.
18 (a) To be eligible to be certified as a participating
19candidate, a candidate must:
20 (1) during the qualifying period for the election
21 involved, choose to participate in the matching funds
22 program by filing with the Board a written application for
23 certification as a participating candidate in such form as
24 may be prescribed by the Board, containing the identity of
25 the participating candidate, the office that the

SB1424- 9 -LRB100 08388 MLM 18500 b
1 participating candidate seeks, and the participating
2 candidate's signature, under penalty of perjury,
3 certifying that:
4 (A) the participating candidate has complied since
5 the last election or the adoption of this amendatory
6 Act of the 100th General Assembly, whichever is most
7 recent, and will continue to comply, with the
8 restrictions of this Article during the applicable
9 election cycle; a candidate who has accepted
10 impermissible contributions prior to filing to
11 participate in this program shall return any such
12 impermissible contributions prior to filing to
13 participate in this matching funds program to the
14 extent practical, as determined by the Board in adopted
15 rules;
16 (B) the participating candidate's campaign
17 committee has filed all campaign finance reports
18 required by law during the applicable election cycle to
19 date and that they are complete and accurate; and
20 (2) sign a participating candidate contract signifying
21 the candidate's prior compliance and continuing commitment
22 to comply with the requirements of this Article, to comply
23 with the contribution limits set forth in this Article and
24 in that contract, and to comply with any other requirements
25 set forth in that contract;
26 (3) meet all requirements of applicable law to be

SB1424- 10 -LRB100 08388 MLM 18500 b
1 listed on the ballot; and
2 (4) before the close of the qualifying period, collect
3 at least the following number of initial qualified
4 contributions for the office in question:
5 (A) 1,000 qualified contributions for candidates
6 for Governor;
7 (B) 500 qualified contributions for candidates for
8 Attorney General, State Comptroller, State Treasurer,
9 and Secretary of State;
10 (C) 200 qualified contributions for candidates for
11 State Senator; and
12 (D) 100 qualified contributions for candidates for
13 State Representative;
14 each initial qualified contribution shall:
15 (i) have the initial qualified contributor's
16 signature, or an electronic equivalent for any
17 donations received on-line, signifying that the
18 initial qualified contributor understands that the
19 purpose of the initial qualified contribution is
20 to help the candidate qualify for the matching
21 funds program and that the contribution is made
22 without coercion or reimbursement; and
23 (ii) be acknowledged by a written receipt, or
24 the electronic equivalent for any donation
25 received on-line, to the initial qualified
26 contributor, with a copy retained by the

SB1424- 11 -LRB100 08388 MLM 18500 b
1 candidate; the receipt shall include the initial
2 qualified contributor's signature, printed name,
3 home address, and telephone number, if any, and the
4 name of the candidate on whose behalf the
5 contribution is made.
6 A contribution for which a candidate has not obtained a
7 signed and fully completed receipt, or its electronic
8 equivalent, shall not be counted as an initial qualified
9 contribution for the purpose of satisfying this
10 qualification requirement.
11 (b) To remain eligible to continue to receive matching
12funds under this Article, a candidate must:
13 (1) maintain records of all contributions, receipts,
14 and expenditures as required by the Board;
15 (2) obtain and furnish to the Board any information it
16 may request relating to his or her campaign expenditures,
17 contributions, and qualified contributions and furnish any
18 documentation and other proof of compliance with this
19 Article as may be requested by the Board; and
20 (3) remain in compliance with the requirements set
21 forth in this Article.
22 (c) At the earliest practicable time after a candidate
23files a written application for certification as a
24participating candidate with the Board, in no event exceeding
2510 business days, the Board shall certify in writing that the
26candidate is or is not eligible. Eligibility may be revoked if

SB1424- 12 -LRB100 08388 MLM 18500 b
1the Board determines, after appropriate due process, that a
2candidate has committed a substantial violation of the
3requirements of this Article, in which case all matching funds
4granted to the candidate shall be repaid to the Fund. A
5determination shall be made by the Board after an appropriate
6hearing, affording due process to the aggrieved party, under
7rules to be adopted by the Board that further define what
8constitutes a "substantial violation" and that set forth the
9procedures to be followed in connection with any such hearing.
10 (10 ILCS 5/9A-30 new)
11 Sec. 9A-30. Matching funds payments.
12 (a) A candidate who is certified as a participating
13candidate shall receive payment of matching funds equal to 6
14times the amount of qualified contributions received by the
15participating candidate during the election cycle with respect
16to a single election subject to the aggregate limit on the
17total amount of matching funds payments to a participating
18candidate specified in subsection (b) of this Section, unless
19the candidate has no opposition on the ballot. Unopposed
20candidates shall not be eligible to receive matching funds
21unless and until they cease to be unopposed.
22 (b) Subject to the requirements of subsection (a) of
23Section 9A-40 of this Code, the aggregate amount of matching
24funds payments that may be made to a participating candidate
25during an election cycle may not exceed the following:

SB1424- 13 -LRB100 08388 MLM 18500 b
1 (1) $5,000,000 for candidates for Governor;
2 (2) $1,000,000 for candidates for Attorney General,
3 State Comptroller, State Treasurer, and Secretary of
4 State;
5 (3) $300,000 for candidates for State Senator; and
6 (4) $150,000 for candidates for State Representative.
7 (c) A participating candidate's application for matching
8funds, including an initial request submitted with an
9application for certification as a participating candidate,
10shall be made using a form prescribed by the Board and shall be
11accompanied as necessary by initial qualified contribution
12receipts and any other information the Board requires by rule.
13This application shall be accompanied by a signed statement
14from the participating candidate indicating that all
15information on the initial qualified contribution receipts is
16complete and accurate to the best of the participating
17candidate's knowledge. The Board shall verify that a
18participating candidate's qualified contributions meet all of
19the requirements and limitations of this Article prior to the
20disbursement of matching funds to the participating candidate.
21 (d) The Board shall make an initial payment of the matching
22funds within 10 business days of the Board's certification of a
23participating candidate's eligibility in accordance with the
24provisions of this Article, or as soon thereafter as is
25practicable.
26 (e) The Board shall establish a schedule for the submission

SB1424- 14 -LRB100 08388 MLM 18500 b
1of matching funds payment requests, permitting a participating
2candidate submit a matching funds payment request at least once
3per month, in accordance with a schedule established by the
4Board.
5 (f) In the event that 90% of the existing Fund has been
6distributed, the Board shall give notice within 24 hours to all
7candidates that only 10% of the Fund remains. Thereafter, the
8Board shall make no further Matching Fund payments until after
9election day and it shall only pay any requests submitted after
10notice has been distributed under this subsection (f)
11proportionally, spread over all candidates and requests
12equally, in a manner to be determined in greater detail
13pursuant to rules adopted by the Board.
14 (10 ILCS 5/9A-35 new)
15 Sec. 9A-35. Limits on contributions.
16 (a) Subject to the requirements of subsection (a) of
17Section 9A-40 of this Code, no candidate shall accept, directly
18or indirectly, any contribution (or combination of
19contributions) from the same person, corporation, partnership,
20political party, political action committee or other legal
21entity in excess of $500. However, if a candidate in the
22participating candidate's race exceeds the self-funding
23thresholds established in subsection (h) of Section 9-8.5 of
24this Code for that race, the limitation under this subsection
25(a) is increased $2,500.

SB1424- 15 -LRB100 08388 MLM 18500 b
1 (b) No participating candidate shall accept any
2contribution (or combination of contributions) from any
3person, corporation, partnership or other legal entity who
4lobbies members of the State executive or legislative branches,
5within the meaning of the Lobbyist Registration Act, or does
6business with the State. No participating candidate shall
7encourage, support, cooperate, or coordinate with any
8independent expenditure committee or any individual engaging
9in independent expenditures, whether in support of the
10candidate or in opposition to the candidate's opponent. The
11Board may adopt additional rules defining who constitutes a
12"lobbyist" and who is deemed to be "doing business" with the
13State within the meaning of this Article.
14 (c) No participating candidate shall make expenditures
15from or use his or her own personal funds or the personal funds
16or property held jointly with members of his or her immediate
17family in connection with his or her nomination for election or
18election, except as a contribution to his or her political
19committee in an amount that does not exceed 6 times the maximum
20contribution applicable under subsection (a) of this Section.
21No participating candidate shall make expenditures from or use
22other personal funds or property of his or her immediate family
23in furtherance of his or her own campaign.
24 (10 ILCS 5/9A-40 new)
25 Sec. 9A-40. Adjustment.

SB1424- 16 -LRB100 08388 MLM 18500 b
1 (a) The Board shall revise the limits on contributions and
2on overall contributions at least one year prior to the next
3general primary election. The Board shall adjust them by an
4amount equal to the change in the Consumer Price Index for all
5Urban Consumers for all items published by the United States
6Department of Labor for the 12-month calendar year preceding
7readjustment. Amounts shall be rounded to the nearest $10. The
8revised overall limits shall be published no later than one
9year prior to the date of the next general primary election.
10 (b) The General Assembly shall review the amounts and
11numbers of required initial qualifying contributions, the
12ratio of matching funds, the additional limits on
13contributions, and the limits on overall contributions in the
146-month period following each general election to determine if
15they shall stay the same, after any adjustment for inflation
16under subsection (a) of this Section, or be increased for the
17next general primary election and general election.
18 (c) If the General Assembly determines that any of the
19figures specified in subsection (b) of this Section should
20change, then any proposed change, other than an adjustment for
21inflation under subsection (a) of this Section, shall be
22adopted for the next general election by a majority vote of
23each chamber of the General Assembly and shall also be
24submitted to the voters via a binding referendum for
25ratification at the next consolidated election for approval or
26rejection with respect to any future general elections.

SB1424- 17 -LRB100 08388 MLM 18500 b
1 (10 ILCS 5/9A-45 new)
2 Sec. 9A-45. Campaign accounts for participating
3candidates. During an election cycle, each participating
4candidate shall conduct all campaign financial activities
5through a single political action committee, consistent
6subsection (b) of Section 9-2 of this Code, and shall comply
7with any additional record keeping requirements imposed under
8this Article by the Board.
9 (10 ILCS 5/9A-50 new)
10 Sec. 9A-50. Expenditures of matching funds.
11 (a) A participating candidate shall use matching funds only
12for direct campaign purposes. The Board may further define the
13phrase "direct campaign purposes" by rule.
14 (b) Neither a participating candidate nor anyone acting on
15his or her behalf shall use matching funds for:
16 (1) costs of legal defense in any campaign law
17 enforcement proceeding;
18 (2) indirect campaign purposes, including, but not
19 limited to:
20 (A) the participating candidate's personal support
21 or compensation to the participating candidate or the
22 participating candidate's immediate family;
23 (B) clothing, haircuts, and other items related to
24 the participating candidate's personal appearance;

SB1424- 18 -LRB100 08388 MLM 18500 b
1 (C) a contribution or loan to the campaign
2 committee of another candidate, a party committee, or
3 other political committee;
4 (D) an independent expenditure;
5 (E) automobile purchases, tuition payments, or
6 childcare costs;
7 (F) dues, fees, or gratuities at a country club,
8 health club, recreational facility, or other
9 nonpolitical organization unless part of a specific
10 fundraising event that takes place on the
11 organization's premises;
12 (G) admission to a sporting event, theater,
13 concert, or other entertainment event not part of a
14 specific campaign activity; or
15 (H) gifts, except for brochures, buttons, signs,
16 and other campaign materials and token gifts valued at
17 not more than $50 that are for the purpose of
18 expressing gratitude, condolences, or congratulations.
19 (10 ILCS 5/9A-55 new)
20 Sec. 9A-55. Disclosure requirements and procedures; return
21of funds.
22 (a) Each participating candidate shall file reports of
23contribution receipts and of expenditures of matching funds and
24other campaign funds at such times and in such manners as the
25Board may prescribe by rule, including, but not limited to,

SB1424- 19 -LRB100 08388 MLM 18500 b
1reports containing information necessary to verify that the
2qualified contributions received by participating candidates
3and that the matching funds spent by participating candidates
4comply with the restrictions and requirements of this Article.
5 (b) The Board by rule shall adopt procedures for auditing
6any reports filed with it as well as related reports filed with
7the State Board of Elections and issuing a public report
8summarizing the election results, the campaign expenditures
9made in connection with offices covered by this Article, and
10the level and amount of matching funds provided to each
11campaign.
12 (c) Within 90 days after the consolidated or general
13election, every participating candidate who received matching
14funds under this Article shall repay the Fund any unused
15matching funds, calculated as follows: any unused campaign
16funds shall be multiplied by a ratio consisting of the total
17amount of matching funds received by the campaign in the
18numerator and the total amount of campaign funds raised by the
19campaign in the denominator. The amount of any repayment under
20this subsection (c) shall not exceed the total amount of
21matching funds paid to the campaign.
22 (10 ILCS 5/9A-60 new)
23 Sec. 9A-60. Joint campaign contributions and expenditures.
24Where multiple candidates are otherwise permitted under State
25law to engage in joint efforts to raise campaign contributions

SB1424- 20 -LRB100 08388 MLM 18500 b
1or in joint campaign expenditures, any contribution received at
2a joint fundraising event and any joint campaign expenditures
3shall be appropriately allocated among the participating
4candidates in a reasonable manner to be agreed upon by those
5candidates participating in the activity. The Board may review
6the reasonableness of any allocation under this Section.
7 (10 ILCS 5/9A-65 new)
8 Sec. 9A-65. Application of contribution and expenditure
9limitations to certain political activities. Nothing in this
10Article shall be construed to restrict candidates or their
11agents from making appearances at events sponsored or paid for
12by persons, political committees, or other entities that are
13not in any way affiliated with the candidate or any agent of
14the candidate. The costs of these events shall not be
15considered contributions to or expenditures by the candidate
16for purpose of this Article simply because the candidate or
17agent appears at such an event. However, this provision does
18not apply to events at which contributions are solicited on
19behalf of the participating candidate.
20 (10 ILCS 5/9A-70 new)
21 Sec. 9A-70. Campaign Finance Board; general powers and
22duties.
23 (a) A Campaign Finance Board is created within the State
24Board of Elections, consisting of 5 members. Two members of the

SB1424- 21 -LRB100 08388 MLM 18500 b
1Board shall be appointed by the Governor, provided that not
2more than one member appointed by the Governor shall be a
3member of any one political party or caucus, if two or more
4parties or caucuses are represented in the General Assembly;
5one member of the Board shall be appointed by majority vote of
6the Senate and one member of the Board shall be appointed by a
7majority of vote of the House of Representatives; and a
8non-partisan chairperson shall be appointed by the Governor,
9subject to the approval of a majority of the Senate. The
10initial appointments required under this subsection (a) shall
11be made within 6 months of the effective date of this
12amendatory Act of 100th General Assembly, and their terms shall
13commence on the January 1 following appointment. The terms of
14office for the initial appointees shall be as follows:
15 (1) the initial member selected by the House of
16 Representatives shall serve a term of one year;
17 (2) one initial member selected by the Governor shall
18 serve a term of 2 years;
19 (3) the initial member selected by the Senate shall
20 serve a term of 3 years;
21 (4) one initial member selected by the Governor shall
22 serve a term of 4 years; and
23 (5) the initial chairperson shall serve a term of 5
24 years.
25 Thereafter, each member shall be appointed for a term of
26five years, according to the original manner of appointment. In

SB1424- 22 -LRB100 08388 MLM 18500 b
1the case of a vacancy in the office of a member, a member shall
2be selected to serve the remainder of the unexpired term in the
3same manner the vacating member was selected. Members shall
4serve no more than 3 consecutive terms. No member of the Board
5may be removed from office except for cause, after notice and a
6hearing by the Senate.
7 (b) To be eligible to serve as a member of the Board, an
8individual must meet all of the following qualifications
9throughout the period of his or her service:
10 (1) the member must be a resident of Illinois, eligible
11 and registered to vote;
12 (2) the member must agree that he or she and any
13 members of his or her immediate family will not make any
14 contributions to any candidate for any of the offices
15 eligible to receive matching funds during his or her term
16 of service;
17 (3) the member must agree not to (i) serve as an
18 officer of a political party or (ii) be a candidate or
19 participate in any capacity in a campaign by a candidate
20 for any of the offices eligible to receive public matching
21 funds under this Article during his or her term of service;
22 (4) the member may not otherwise be an officer or
23 employee of the State, nor a lobbyist engaged in lobbying
24 any elected officials of the State; and
25 (5) the member must agree to undergo training under the
26 supervision of the chairperson of the Board.

SB1424- 23 -LRB100 08388 MLM 18500 b
1 (c) Subject to appropriations, the members of the Board
2shall be compensated at a rate specified by law while
3performing the work of the Board.
4 (d) The Board may employ necessary staff, including
5attorneys and accountants, and may utilize the services of
6employees of the State Board of Elections to assist the Board
7in carrying out its duties. Subject to appropriations, the
8total budget for the Board's operations shall not be less than
9.01% of the overall State budget.
10 (e) The Board shall have the authority to adopt rules and
11provide forms as it deems necessary to administer the matching
12funds system created by this Article. The Board shall adopt
13rules concerning the form in which contributions and
14expenditures are to be reported, the periods during which such
15reports must be filed, the measures for auditing and reporting
16on campaign contributions and expenditures and the
17verification required.
18 (f) The Board shall have the power to investigate all
19matters relating to the performance of its functions and any
20other matter relating to the proper administration of this
21Article. It shall have the power to require the attendance of
22witnesses, to examine and take testimony under oath of any
23persons as it shall deem necessary, and to require the
24production of books, accounts, papers, and any other relevant
25evidence relative to such investigation.
26 (g) The Board shall develop a program for informing

SB1424- 24 -LRB100 08388 MLM 18500 b
1candidates and the public about the small donor matching funds
2system created by this Article. The Board may prepare and make
3available educational materials, including compliance manuals
4and summaries of the relevant provisions of this program. The
5Board shall prepare and make available materials including, to
6the extent feasible, computer software, to facilitate the task
7of compliance with the disclosure and record-keeping
8requirements under this Article.
9 (h) The Board shall have the power to render advisory
10opinions with respect to questions arising under this Article.
11These opinions may be requested in writing by any candidate,
12political committee, member of the general public, or member of
13the Board. The Board shall adopt rules regarding submissions
14and responses to such requests, including response times. The
15Board shall make public its response to any such requests, as
16well as to any other formal rulings or interpretations it
17makes, including by posting them on its website, if
18practicable.
19 (i) The Board shall have the authority to implement any
20system established for the regulation of inauguration and
21transition donations and expenditures, including any related
22penalties. It shall also have the authority to adopt and
23implement a system for handling the transition from the
24existing campaign finance system and any pre-existing
25political committees and contributions to the small donor
26matching funds system implemented by this Article.

SB1424- 25 -LRB100 08388 MLM 18500 b
1 (j) The Board may take such other actions as are necessary
2and proper to carry out its functions and the purposes of
3adoption of a small donor matching funds system. The specific
4grants of power under this Section do not constitute and shall
5not be construed as limitations on the other proper and
6necessary powers of the Board.
7 (k) All final administrative decisions under this Article
8are subject to judicial review under the Administrative Review
9Law and its rules.
10 (10 ILCS 5/9A-75 new)
11 Sec. 9A-75. Public campaign financing program penalties.
12 (a) If a participating candidate knowingly accepts or
13spends matching funds in violation of this Article, then the
14candidate shall repay to the Fund a civil fine in an amount
15equal to twice the value of the funding unlawfully accepted or
16spent.
17 (b) The Board shall, after a hearing affording the
18aggrieved party due process, have the authority to impose the
19fine created by this Section, to order repayment of
20overpayments that were not knowingly received, and to take any
21other appropriate action, pursuant to any additional rules
22concerning such hearings as the Board shall adopt.
23 (c) Any member of the public, as well as the Board on its
24own initiative, shall have standing to file a complaint with
25the Board alleging a violation of this Article. In the event a

SB1424- 26 -LRB100 08388 MLM 18500 b
1complaint is filed by an opposing Candidate, or in coordination
2with an opposing Candidate's campaign, the Board shall have the
3option of awarding costs and attorneys' fees in the event the
4complaint is found to have been lacking a reasonable basis.
5 (d) The Board shall adopt appropriate rules guaranteeing
6notice and due process to anyone accused of violating this
7Article and setting forth the process the Board will follow in
8investigating and adjudicating any such complaint.
9 Section 97. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
11 Section 99. Effective date. This Act takes effect upon
12becoming law.

SB1424- 27 -LRB100 08388 MLM 18500 b
1 INDEX
2 Statutes amended in order of appearance