Bill Text: IL SB2360 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Judicial Campaign Reform Act and amends the Election Code, the State Finance Act, the Illinois Income Tax Act, and the Clerks of Courts Act. Creates a voluntary program of public financing of election campaigns for the offices of judges of the Illinois Supreme Court and Appellate Court, administered by the State Board of Elections. Establishes funding mechanisms and provides penalties for violations. Sets mandatory contribution limits with respect to all judicial election campaigns. Makes other changes. Effective January 1, 2025.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2360 Detail]

Download: Illinois-2023-SB2360-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2360 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
New Act
10 ILCS 5/Art. 7B heading new
10 ILCS 5/7B-5 new
10 ILCS 5/7B-10 new
10 ILCS 5/7B-15 new
10 ILCS 5/7B-25 new
10 ILCS 5/7B-30 new
10 ILCS 5/7B-35 new
10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
30 ILCS 105/5.990 new
35 ILCS 5/506.7 new
35 ILCS 5/509 from Ch. 120, par. 5-509
705 ILCS 105/27.15 new
Creates the Judicial Campaign Reform Act and amends the Election Code, the State Finance Act, the Illinois Income Tax Act, and the Clerks of Courts Act. Creates a voluntary program of public financing of election campaigns for the offices of judges of the Illinois Supreme Court and Appellate Courts, administered by the State Board of Elections. Establishes funding mechanisms and provides penalties for violations. Sets mandatory contribution limits with respect to all judicial election campaigns. Makes other changes. Effective January 1, 2025.
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A BILL FOR
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AN ACT concerning judicial 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
Judicial Campaign Reform Act.
Section 5. Definitions. In this Act:
"Allowable contribution" means a qualifying contribution,
a seed money contribution, or a personal contribution
authorized by this Act.
"Board" or "State Board" means the State Board of
Elections.
"Candidate" means any person seeking election to the
office of Judge of the Illinois Supreme Court or Judge of the
Illinois Appellate Court.
"Campaign" includes the primary election campaign period
and the general election campaign period.
"General election campaign period" means the period
beginning on the day after the general primary election and
ending on the day of the general election.
"Electioneering communication expenditure" means an
expenditure for electioneering communications as that term is
defined in Article 9 of the Election Code.
"Eligible candidate" means a candidate who qualifies for

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public financing by collecting the required number of
qualifying contributions, making all required reports and
disclosures, and being certified by the State Board as being
in compliance with this Act.
"Excess expenditure amount" means the amount of
expenditures made by a nonparticipating candidate in excess of
the public financing benefit available to an eligible
candidate for the same office that the nonparticipating
candidate seeks.
"Excess qualifying contribution amount" means the amount
of qualifying contributions accepted by a candidate beyond the
number or dollar amount of contributions required to qualify a
candidate for a public financing benefit.
"Exploratory period" means the period that begins one year
before the general primary election date and ends on the day
before the beginning of the primary election campaign.
"Fair election debit card" means a debit card issued by
the State Treasurer in accordance with Section 65 entitling a
candidate and agents of the candidate designated by the
candidate to draw money from an account maintained by the
State Treasurer to make expenditures authorized by law.
"Illinois Judicial Election Democracy Trust Fund" means a
special fund created in the State treasury and to be used,
subject to appropriation, by the State Board of Elections for
the funding of campaigns for participating candidates.
"Immediate family", when used with reference to a

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candidate, includes the candidate's spouse, parents, and
children.
"Independent expenditure" means an expenditure by a person
expressly advocating the election or defeat of a clearly
identified candidate that is made without cooperation or
consultation with a candidate, or any political committee or
agent of a candidate, and that is not made in concert with, or
at the request or suggestion of, any candidate or any
political committee or agent of a candidate.
"Nonparticipating candidate" means a candidate who does
not apply for a public financing benefit or who otherwise is
ineligible or fails to qualify for a public financing benefit
under this Act.
"Personal funds" means funds contributed by a candidate or
a member of a candidate's immediate family.
"Primary election campaign period" means the period
beginning 30 days after the last day prescribed by law for
filing nomination papers and ending on the day of the general
primary election.
"Public financing qualifying period" means the period
beginning on July 1 of an odd-numbered year and ending on the
day before the beginning of the primary election campaign
period for the office of Judge of the Illinois Supreme Court or
Judge of the Illinois Appellate Court.
"Qualifying contribution" means a contribution between $5
and $25 to a candidate made by a resident, at least 18 years

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old, of the district in which the candidate seeks office and
made during the public financing qualifying period that is
acknowledged by written receipt identifying the contributor.
An individual may make only one qualifying contribution per
candidate.
"Qualifying report" is a list of all individual qualifying
contributions.
"Seed money contribution" means a contribution in an
amount of not more than $100 made to a candidate during the
exploratory period or the public financing qualifying period
or a contribution made to a candidate consisting of personal
funds of that candidate in an amount not more than the amount
authorized under Section 30 during the exploratory period or
the public financing qualifying period.
Section 10. Qualification; certification.
(a) Before a candidate for nomination in the general
primary election may be certified as an eligible candidate to
receive a public financing benefit for the primary election
campaign period, the candidate must apply to the State Board
for a public financing benefit and file a sworn statement that
the candidate has complied and will comply with all
requirements of this Act throughout the applicable campaign,
including the general primary election and the general
election. A candidate must file the application and statement
no later than the beginning of the primary election campaign.

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(b) The Board shall certify a candidate as an eligible
candidate for receipt of public financing for a primary
election if the candidate complies with subsection (a) and
receives a number of qualifying contributions at least equal
to 0.15% of the number of ballots cast in the judicial district
in the last gubernatorial election from individual qualifying
contributors before the close of the public financing
qualifying period. The State Board may require candidates to
file lists of qualifying contributions in electronic format.
If so required, the State Board shall either (i) provide,
without charge, all software necessary to comply with this
requirement or (ii) ensure that the necessary software is
commonly available to the public at minimal cost.
(c) The State Board shall verify a candidate's compliance
with the requirements of subsection (b) by any verification
and sampling techniques that the State Board considers
appropriate.
(d) Each candidate shall acknowledge each qualifying
contribution by a receipt to the contributor that contains the
contributor's name and home address. A candidate shall file a
qualifying report with the State Board of Elections.
(e) A qualifying contribution may be used only for the
purpose of making an expenditure authorized by law.
Section 15. Time of application; general election.
(a) Before a candidate may be certified as eligible for

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receipt of public financing for a general election, the
candidate must apply to the Board and file a sworn statement
that the candidate has fulfilled all the requirements of this
Act during the primary election campaign period, has won the
nomination in the general primary, and will comply with the
requirements of this Act during the general election campaign
period. The application must be filed no later than the 7th day
after the date of the general primary election.
(b) The Board shall certify a candidate as an eligible
candidate for receipt of public financing for a general
election campaign period if the candidate complies with
subsection (a) and the candidate was an eligible candidate
during the primary election campaign period.
(c) If more than one candidate files an application for
the general election, the Board shall accept applications from
all candidates who comply with subsection (a) but shall
postpone the declaration of eligibility for the general
election until after the general primary results are
certified. After the results have been certified, if the
nominee filed an application under subsection (a), the Board
shall declare that candidate eligible for the general
election.
Section 20. Agreement by candidate. An eligible candidate
who accepts a public financing benefit under this Act during
the primary election campaign period must agree to comply with

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all requirements of this Act throughout the general election
campaign period as a precondition to receipt of public
financing. An eligible candidate who accepts a public
financing benefit during a primary election campaign period
may not elect to accept private contributions in violation of
this Act during the corresponding general election campaign
period.
Section 25. Requirements placed upon eligible candidates.
(a) An eligible candidate may not accept private
contributions other than seed money contributions and
qualifying contributions.
(b) In addition to reports required to be filed under the
Election Code, a candidate who receives a public financing
benefit must furnish complete financial records, including
records of seed money contributions, qualifying contributions,
and expenditures on the last day of each month.
(c) In addition to adhering to requirements imposed under
the Election Code, a candidate who receives a public financing
benefit must maintain records of all contributions of at least
$5, including seed money contributions and qualifying
contributions. These records shall contain the full name of
the contributor and the contributor's full home address.
(d) The failure to record or provide the information
specified in subsection (c) disqualifies a contribution from
counting as a qualifying contribution.

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(e) No eligible candidate and no person acting on a
candidate's behalf may accept any contribution that is not
recorded in accordance with subsection (c) in a candidate's
campaign account.
(f) No eligible candidate may accept more than $25 in cash
from any contributor.
Section 30. Personal funds of candidates.
(a) The personal funds of an eligible candidate
contributed as seed money contributions may not exceed an
aggregate amount of $10,000. For the purpose of this Section,
"personal funds" includes funds from the candidate's immediate
family.
(b) No eligible candidate may make any expenditure derived
from personal funds after the close of the public financing
qualifying period.
(c) Eligible candidates shall not loan personal funds to
their campaign.
Section 35. Seed money contributions.
(a) An eligible candidate may accept seed money
contributions from any individual or political committee
before the end of the public financing qualifying period, so
long as the total contributions from one contributor, except
personal funds and qualifying contributions otherwise
permitted under this Act, do not exceed $100 and the aggregate

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contributions, including personal funds, but not including
qualifying contributions, do not exceed $30,000.
(b) An eligible candidate shall make expenditures from
seed money contributions only during the exploratory period
and the public financing qualifying period.
Section 40. Excess contributions. An amount equivalent to
the excess contributions shall be deducted by the Board from
the candidate's public financing benefit. A candidate shall
return to the Board all seed money and personal contributions,
including in-kind contributions, that exceed the limits
prescribed in Section 35 within 48 hours after the end of the
exploratory period. The Board shall deposit all contributions
returned under this Section into the Illinois Judicial
Election Democracy Trust Fund.
Section 45. Certification by candidate; line of credit.
(a) To apply for a public financing benefit, a candidate
must certify to the State Board that the candidate has
complied and will comply, throughout the applicable campaign,
with all requirements of this Act and that all disclosures
required at the time of application have been made. The
candidate must present evidence of the requisite number of
qualifying contributions received by the candidate. The
candidate's request for certification must be signed by the
candidate and the treasurer of the candidate's political

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committee.
(b) The Board shall distribute to each eligible candidate
at the general primary election a line of credit for public
financing promptly after the candidate demonstrates his or her
eligibility and, in any event, not later than 5 days after the
end of the public financing qualifying period; however, no
candidate may use a line of credit distributed under this
subsection until the beginning of the primary election
campaign period.
(c) The Board must distribute to each eligible candidate
in the general election a line of credit for public financing
not later than the earlier of (i) 48 hours after the official
canvass and proclamation under Section 22-7 of the Election
Code or (ii) 21 days after the date of the general primary
election. No candidate may receive a line of credit until all
candidates for Judge of the Illinois Supreme Court who apply
and qualify for a public financing benefit have been certified
as eligible candidates.
(d) If any candidate who receives a public financing
benefit violates the requirements of this Act, the candidate
shall be subject to the penalties and enforcement outlined in
Section 70. The Board shall deposit all repayments received
under this subsection into the Illinois Judicial Election
Democracy Trust Fund.
Section 50. Public financing benefits.

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(a) The State Board must provide to each eligible
candidate who qualifies to receive a public financing benefit
for the primary or general election campaign period separate
lines of credit for the primary and general election campaign
periods in the amounts specified in this Section subject to
any required adjustment under Section 40, 55, 60, or 80. An
eligible candidate may use this credit to finance any lawful
expenditures during the primary and general election campaign
periods. An eligible candidate may not use this credit to
repay any loan in violation of this Act or any other applicable
law.
(b)(1) The total public financing benefit available to
eligible candidates for the office of Judge of the
Illinois Supreme Court for the primary and general
elections shall be $750,000, subject to adjustment by
subsection (e) of this Section.
(2) The total public financing benefit available to
eligible candidates for the office of Judge of the
Illinois Appellate Court for the primary and general
elections shall be $250,000, subject to adjustment by
subsection (e) of this Section.
(c) Matching funds that become available due to Section 55
or Section 60 are not counted toward the public financing
benefit. Eligible candidates may decide the allocation of
their benefit between the primary election campaign period and
the general election campaign period, however, no candidate

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may allocate less than 20% or more than 80% during the primary
election campaign period, nor may a candidate allocate more
than 80% during the general election campaign period. Any
portion of the benefit allocated but unspent or uncommitted
for expenses at the close of the primary election campaign
period is forfeited and may not be spent during the general
election campaign period.
(d)(1) An eligible candidate who is unopposed, other
than by write-in candidates, in a primary election shall
receive a public financing allocation of $50,000 for the
primary election campaign period.
(2) Instead of the benefit in subsection (b), an
eligible candidate who is unopposed, other than by
write-in candidates, in a general election shall receive a
public financing allocation of $75,000 for the general
election campaign period.
(e) Beginning on April 1, 2009 and every 2 years
thereafter, the Board shall modify the public financing
benefits provided for in subsection (b) to adjust for the
change in the Consumer Price Index, All Items, U. S. City
Average, published by the United States Department of Labor
for the preceding 2-year period ending on December 31.
Section 55. Reports on financial activity.
(a) In addition to other reports required by law, all
candidates in the general primary election or the general

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election who receive contributions or make or obligate to make
expenditures in an amount more than 5% greater than the public
financing benefit applicable to an eligible candidate for the
same office shall file a report with the Board itemizing the
total contributions received and expenditures made or
obligated to be made by the candidate as of the date of the
report. The Board shall transmit copies of the report to all
candidates for that office and make the report available to
the public in the manner of semi-annual disclosure reports.
After filing that initial report, the candidate shall file
additional reports after the candidate makes or obligates to
make each additional $1,000 of expenditures. If the
contributions are received or the expenditures are made or
obligated to be made more than 6 weeks before the date of the
general primary election or general election at which the name
of the candidate appears on the ballot, the reports must be
made by the date 6 weeks before the next election. If the
contributions are received or the expenditures are made or
obligated to be made within 6 weeks before the date of the
general primary election or general election at which the name
of the candidate appears on the ballot, the reports must be
made within 24 hours after each instance in which a
contribution is received or an expenditure is made or
obligated to be made.
(b) Upon receipt of the information, the Board shall
immediately notify all opposing eligible candidates. If an

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opposing candidate makes expenditures or becomes obligated to
make expenditures that exceed the public financing benefit, an
eligible candidate may request matching funds up to the amount
by which the expenditures or obligations of the opposing
candidate exceed the public financing benefit. If an eligible
candidate requests these matching funds, the Board shall
immediately credit his or her account with an additional line
of credit equivalent to the request, however, the sum total of
matching funds credited to the candidate in the primary
election campaign period and the general election campaign
period for independent expenditures, electioneering
communication expenses under Section 60, and nonparticipating
expenses may not exceed the value of the public financing
benefit. Any matching funds requested but not spent or
committed at the conclusion of the primary election campaign
period are forfeited and may not be spent during the general
election campaign period.
Section 60. Independent expenditures and electioneering
communications.
(a) If any person makes, or becomes obligated to make, by
oral or written agreement an independent expenditure or
electioneering communications in excess of $3,000 with respect
to a candidate in a general primary or general election, that
person shall file with the Board a notice of such expenditure
or obligation to make such an expenditure. Any such person

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must file reports of the expenditures or obligations to make
the expenditures on the last day of the month that immediately
follows the date of the expenditure or the obligation to make
the expenditure, except that, within 6 weeks before the date
of the general primary election or general election, the
person must file the reports within 24 hours after each such
expenditure or communication is made or obligated to be made.
Any such person must file additional reports after each
additional $1,000 of expenditures are made or obligated to be
made.
(b) If the aggregate of independent expenditures and
electioneering communication expenditures against an eligible
candidate or for the opponents of that candidate exceed 10% of
the public financing benefit for that office in any campaign
an eligible candidate may request matching funds of up to the
amount of the independent expenditure or electioneering
communication expense. If a candidate requests matching funds,
the Board must immediately credit that candidate's account
with an additional line of credit equivalent to the amount
requested, however, the sum total of matching funds credited
to the candidate in the primary election campaign period and
the general election campaign period for independent
expenditures, electioneering communication expenses, and
nonparticipating expenses under Section 55 may not exceed the
value of the public financing benefit. Any matching funds
requested but not spent or committed at the conclusion of the

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primary election campaign period are forfeited and may not be
spent during the general election campaign period.
Section 65. Illinois Judicial Election Democracy Trust
Fund.
(a) All moneys collected under Sections 40, 45, and 70 of
this Act shall be deposited into the Illinois Judicial
Election Democracy Trust Fund and may be used by the State
Board of Elections for the purposes of this Act. The State
Treasurer, in consultation with the Board, shall contract with
a debit card issuer to permit eligible candidates and their
agents to draw upon moneys appropriated from the Trust Fund
through an account with the card issuer.
(b) Upon a determination of a candidate's eligibility for
a public financing benefit as provided for in subsection (a)
of Section 45, the State Treasurer must issue to the eligible
candidate a debit card, known as the fair election debit card,
entitling the candidate and agents of the candidate designated
by the candidate to draw money from an account to make
expenditures on behalf of the candidate.
(c) No eligible candidate or agent of an eligible
candidate may make any expenditure by any means other than
through the use of the fair election debit card. No such
candidate or agent may use a fair election debit card to obtain
cash, except that cash amounts of $100 or less may be drawn on
the fair election debit card and used to make expenditures of

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no more than $25 each. A candidate must maintain records of all
such expenditures and must report the expenditures to the
State Board in accordance with Section 25.
(d) The State Board of Elections may draw upon funds in the
Illinois Judicial Election Democracy Trust Fund to support the
administration of the program. These funds may be used only to
pay costs to the State Board that are directly associated with
the administration of the program, including, but not limited
to, ensuring compliance with this Act and promoting the income
tax checkoff. These administrative reimbursements shall be
limited to 1% of the Trust Fund balance in fiscal years when
there is no eligible seat on the ballot or 5% of the Trust Fund
balance in fiscal years when there is an eligible seat on
either a primary or general election ballot.
Section 70. Penalties; enforcement.
(a) If an eligible candidate makes expenditures that
exceed the public financing benefit allocated to the candidate
for any campaign, the Board shall require the candidate to
forfeit to the Illinois Judicial Election Democracy Trust Fund
an amount equal to not more than 10 times and not less than 2
times the amount by which the expenditures exceeded the
allocation.
(b) The Board shall require any eligible candidate who
accepts contributions in excess of any limitation set by this
Act to forfeit to the Illinois Judicial Election Democracy

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Trust Fund an amount equal to not more than 10 times and not
less than 2 times the amount by which the contributions exceed
the applicable limitation.
(c) If the Board finds that there is reasonable cause to
believe that a candidate has made excess expenditures or has
accepted excess contributions in violation of the Act, the
Board must attempt for a period of not more than 14 days after
its finding to correct the matter by informal methods of
conference and conciliation and to enter into a settlement and
conciliation agreement with the candidate involved. A
settlement and conciliation agreement made under this
subsection is a public record. Unless violated, a settlement
and conciliation agreement is a bar to any civil action under
subsection (d).
(d) If the Board has reasonable cause to believe that a
candidate has made excess expenditures or has accepted excess
contributions and the Board is unable to correct the matter by
informal methods within the time prescribed in subsection (c),
the Board must make a public finding of reasonable cause in the
matter. After making a public finding, the Board may bring an
action in the circuit court to impose a forfeiture under
subsection (a) or (b).
(e) If an elector believes that a candidate has violated
this Act and the elector is entitled to vote for or against the
candidate in the election in connection with which the
violation is alleged to have occurred, the elector may file a

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complaint with the Board requesting it to take remedial
action. If the Board refuses to take remedial action or,
within 30 days after the filing of a complaint, fails to take
remedial action, the elector may commence a civil action in an
appropriate circuit court requesting the court to impose a
forfeiture under subsection (a) or (b).
(f) The Board and the circuit court must expedite all
proceedings under this Section so that all complaints brought
before an election are resolved, to the extent possible,
before the election is held.
(g) If a complaint brought under this Section is resolved
against the complainant and is found to have been brought in
bad faith and without reasonable basis therefor, the circuit
court may assess costs, including reasonable attorney fees,
against the complainant.
Section 75. Prohibited acts.
(a) If an eligible candidate or agent of an eligible
candidate knowingly accepts more contributions than the
candidate is entitled to receive or makes expenditures
exceeding the amount of the public financing benefit received
by the candidate, the candidate or agent is guilty of a Class 3
felony.
(b) If a candidate who receives a public financing
benefit, or an agent of that candidate, knowingly makes an
expenditure by means other than those allowed by this Act, the

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candidate or agent is guilty of a Class 3 felony.
(c) If, in connection with the receipt or expenditure of a
public financing benefit for an election campaign, any person
knowingly provides false information to the Board, or
knowingly conceals or withholds information from the Board,
that person is guilty of a Class 3 felony.
Section 90. Deposits into Illinois Judicial Election
Democracy Trust Fund.
(a) The Department of Revenue shall transfer to the
Illinois Judicial Election Democracy Trust Fund any amounts
contributed to the Illinois Judicial Election Democracy Trust
Fund collected pursuant to Section 506.7 of the Illinois
Income Tax Act.
(b) The Treasurer shall deposit into the Illinois Judicial
Election Democracy Trust Fund all amounts collected by the
clerks of courts under Section 27.10 of the Clerks of Courts
Acts and transferred to the Treasurer.
Section 105. Voluntary contributions. Individuals and
other entities may make direct voluntary contributions to the
Illinois Judicial Election Democracy Trust Fund. However,
contributions may not exceed $1,000 per calendar year.
Section 110. Fund operational. The Illinois Judicial
Election Democracy Trust Fund shall become operational when

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the Fund has attained $5,000,000.
Section 115. Severability. The provisions of this Act are
severable. If any provision of this Act is held invalid by a
court of competent jurisdiction, the invalidity does not
affect other provisions of the Act that can be given effect
without the invalid provision.
Section 900. The Election Code is amended by adding
Article 7B and by changing Section 9-1.5 as follows:
(10 ILCS 5/Art. 7B heading new)
ARTICLE 7B.
JUDICIAL CAMPAIGN CONTRIBUTION LIMITS
(10 ILCS 5/7B-5 new)
Sec. 7B-5. Definitions. As used in this Article:
"Association" means any group, club, meeting, collective,
membership organization, or collection of persons other than a
corporation or labor organization, or any entity organized
under Sections 501 or 527 of the Internal Revenue Code, except
that an association does not include a political committee
organized under Article 9 that qualifies as a judicial fund
under this Article.
"Board" means the State Board of Elections.
"Candidate" or "judicial candidate" means any person who

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seeks nomination for election to, election to, or retention in
judicial office, whether or not the person is nominated,
elected, or retained. A person seeks nomination for election,
election, or retention if he or she (i) takes the action
necessary under the laws of this State to attempt to qualify
for nomination for election to, election to, or retention in
judicial office or (ii) receives contributions or makes
expenditures, or gives consent for any other person to receive
contributions or make expenditures, with a view to bringing
about his or her nomination for election to, election to, or
retention in judicial office.
"Clearly identified" means that:
(A) the name, voice, image, or likeness of a candidate
appears; or
(B) the identity of the candidate is apparent by
unambiguous reference.
"Contribution" means:
(A) any contribution as that term is defined in
Article 9, or
(B) a payment for any activity in support of or in
opposition to any judicial candidate or for electioneering
communications in relation to any judicial candidate if
such activity or communications is conducted in concert or
cooperation with the political committee of any judicial
candidate.
(C) "Contribution" does not include:

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(i) Communications on any subject by a corporation
to its stockholders and executive or administrative
personnel and their families, by a labor organization
to its members and their families, or by an
association to its members and their families.
(ii) Nonpartisan registration and get-out-the-vote
campaigns by a corporation aimed at its stockholders
and executive or administrative personnel and their
families, by a labor organization aimed at its members
and their families, or by an association aimed at its
members and their families.
(iii) The establishment, administration, and
solicitation of contributions to a separate segregated
fund to be used for political purposes by a
corporation, labor organization, or association.
(iv) A secured loan of money by a national or State
bank made in accordance with the applicable banking
laws and regulations and in the ordinary course of
business, if the security for the loan, if provided by
a person other than the candidate or his or her
committee, would qualify as a contribution or
expenditure.
(v) A distribution of funds from the Illinois
Judicial Election Democracy Trust Fund.
"Corporation" includes a limited liability company,
partnership, professional practice, cooperative, or sole

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proprietorship, whether organized on a for-profit or nonprofit
basis.
"Election" means:
(A) a general primary election or general election, or
(B) a retention election as that term is used in
Article 7A.
"Election period" means:
(A) the period beginning one year before the date of
any general primary election for a judicial office and
ending the day of the general primary election;
(B) the period beginning on the day after the general
primary election for a judicial office and ending 90 days
after the general election for that judicial office; or
(C) the period beginning on the date on which a
sitting judge declares for retention and ending 90 days
after the retention election.
"Expenditure" means:
(A) any expenditure as that term is defined in Article
9, or
(B) any contract, promise, or agreement, whether
written or oral, to make an expenditure in concert or
cooperation with the political committee of a judicial
candidate, regardless of when the funds are actually
disbursed.
"Independent expenditure" means an expenditure by a
person:

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(A) expressly advocating the election or defeat of a
clearly identified candidate or engaging in electioneering
communications in relation to a candidate; and
(B) that is not made in concert or cooperation with or
at the request or suggestion of the candidate, the
candidate's designated political committee, or agents of
the candidate or committee.
"Judicial fund" means any political committee organized
under Article 9 that receives contributions only from donors
aggregating not more than the amount designated in Section
7B-15.
"Labor organization" means any organization of any kind or
any agency or employee representation committee or plan in
which employees participate and that exists for the purpose,
in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work.
"Natural person" means any one human being.
"Person" includes an individual, trust, partnership,
committee, association, corporation, labor organization, or
any other organization or group of persons, including a
political committee organized under Article 9.
(10 ILCS 5/7B-10 new)
Sec. 7B-10. Designated political committee.
(a) Each candidate shall designate in writing one and only

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one judicial fund to serve as the political committee of the
candidate. The designation is irrevocable for the duration of
the candidacy and shall be filed with the State Board of
Election.
(b) The name of the designated committee shall include the
name of the candidate who designated the committee under
subsection (a). No political committee that is not a
designated committee may include the name of that candidate in
its name.
(c) All designations required to be filed under this
Article shall be filed with the Board. The Board shall retain
these designations and make them available for public
inspection and copying in the same manner as statements of
organization required under Article 9.
(10 ILCS 5/7B-15 new)
Sec. 7B-15. Limitation on contributions.
(a) No person shall make contributions to a
candidate-designated political committee, except that:
(1) Natural persons may contribute no more than $2,000
per election period.
(2) Judicial funds established by a State political
party may contribute not more than $20,000 during the
election period that includes the general election; all
committees established by a State political party, under
State or federal law, shall be considered as one committee

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for the purpose of this Section.
(3) Any other judicial fund may contribute no more
than $5,000 during an election period.
(4) A corporation, labor organization, or association
may contribute from its own treasuries no more than $2,000
during each election period. All contributions from
associated entities, including political committees for
which the corporation, labor organization, or association
is the sponsoring entity, shall be aggregated for the
purposes of this Section.
(b) No contributor may contribute in aggregate more than
$20,000 to judicial funds during any election period.
(c) On January 1 of every odd-numbered year, the State
Board of Election shall adjust the limits established in
subsection (a) for inflation as determined by the Consumer
Price Index for All Urban Consumers as determined by the
United States Department of Labor and rounded to the nearest
$100.
(d) In any instance where (i) a corporation and any of its
subsidiaries, branches, divisions, departments, or local
units; (ii) a labor organization and any of its subsidiaries,
branches, divisions, departments, or local units; or (iii) an
association or any of its affiliates, subsidiaries, branches,
divisions, departments, or local units contribute to a
candidate's political committee, all such contributions shall
be treated as from a single donor for the purposes of

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subsection (a).
(e) For the purposes of the limitations provided by
subsection (a), a candidate's designated political committee
and any other committee directly or indirectly established,
financed, maintained, or controlled by that candidate, or
working in concert or cooperation with the candidate's
designated committee, shall be considered to be a single
political committee.
(f) With respect to expenditures:
(1) Expenditures made by any person in concert or
cooperation with, or at the request or suggestion of, a
candidate, his or her designated committee, or their
agents shall be considered a contribution to the
candidate's designated committee and, together with all
other contributions from that same source, are subject to
the limits of this Section.
(2) The financing by any person of the dissemination,
distribution, or republication, in whole or in part, of
any broadcast or any written, graphic, or other form of
campaign materials prepared by the candidate, his or her
campaign committee, or their designated agents shall be
considered to be a contribution to the candidate's
designated committee for the purposes of this subsection
and, together with all other contributions from that same
source, are subject to the limits of this Section.
(g) For the purposes of the limitations designated by this

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Section, all contributions made by a person, either directly
or indirectly, to a particular candidate's designated
committee, including contributions that are in any way
earmarked or otherwise directed through an intermediary or
conduit to the candidate, shall be treated as contributions
from the person to the candidate-designated committee. The
intermediary or conduit shall report the original source and
the intended recipient of the contribution to the Board and to
the intended recipient.
(h) No candidate or political committee shall knowingly
accept any contribution or make any expenditure in violation
of the provisions of this Section. No officer or employee of a
political committee shall knowingly accept a contribution made
for the benefit or use of a candidate or knowingly make any
expenditure in support of or opposition to a candidate or for
electioneering communications in relation to a candidate in
violation of any limitation designated for contributions and
expenditures under this Section.
(10 ILCS 5/7B-25 new)
Sec. 7B-25. Prohibition of anonymous contributions and
contributions in the name of another.
(a) No person shall make a contribution in the name of
another person or knowingly permit his or her name to be used
to effect such a contribution.
(b) No person shall knowingly accept a contribution made

SB2360 - 30 - LRB103 28352 BMS 54732 b
by one person in the name of another person.
(c) No person shall knowingly accept reimbursement from
another person for a contribution made in his or her own name.
(d) No person shall make an anonymous contribution.
(e) No person shall knowingly accept any anonymous
contribution.
(f) No person shall predicate (i) any benefit, including,
but not limited to, employment decisions including hiring,
promotions, bonus compensation, and transfers, or (ii) any
other gift, transfer, or emolument upon (1) the decision by
the recipient of that benefit to donate or not to donate to a
candidate or (2) the amount of any such donation.
(g) Anonymous contributions shall escheat to the State of
Illinois. Any political committee that receives such a
contribution shall forward it immediately to the State
Treasurer.
(h) Immediately upon discovery that it has received
contributions given in the name of another, the recipient
shall redesignate the contributions according to their true
origin. A committee may retain such contributions only once
the true origin of the donation has been reported, subject to
any other provisions of this Article, unless the committee
knew that the true donor was disguising his or her identity at
the time of the original receipt. If the committee knew at the
time of original receipt that the true donor was disguising
his or her identify, the funds shall escheat to the State and

SB2360 - 31 - LRB103 28352 BMS 54732 b
the Board shall assess an additional penalty of at least
$1,000 and not more than $5,000 for a first violation and of at
least $3,000 and not more than $10,000 for second and
subsequent violations.
(10 ILCS 5/7B-30 new)
Sec. 7B-30. Complaints.
(a) The Board may receive complaints alleging that a
violation of this Article has occurred. The Board may bring
complaints and investigations on its own initiative when the
Board has reason to believe that a violation of this Article
has occurred.
(b) Upon receipt of a complaint, the Board shall hold a
closed preliminary hearing to determine whether or not the
complaint appears to have been filed on justifiable grounds.
The closed preliminary hearing shall be conducted as soon as
practicable after affording reasonable notice, a copy of the
complaint, and an opportunity to testify at the hearing to
both the person making the complaint and the person against
whom the complaint is directed. If the Board determines that
the complaint has not been filed on justifiable grounds, it
shall dismiss the complaint without further hearing.
(c) The Board shall have the authority to adopt procedural
rules governing the filing and hearing of complaints under
this Section that are not inconsistent with this Article.
(d) In addition to any other penalties authorized by this

SB2360 - 32 - LRB103 28352 BMS 54732 b
Section, the State Board of Elections, any political
committee, or any person may apply to the circuit court for a
temporary restraining order or a preliminary or permanent
injunction against a political committee, judicial fund, or
entity, whether registered with the Board under this Article
or not, to cease the expenditure of funds and to cease
operations until the committee, judicial fund, or entity is in
compliance with this Article.
(10 ILCS 5/7B-35 new)
Sec. 7B-35. Penalties. In addition to any other penalties
established by this Article or other law:
(1) All contributions in violation of this Article
escheat to the State;
(2) Any person who knowingly violates any of the
provisions of this Article shall be fined the greater of
$10,000 or three times the value of the illegal
contribution or expenditure; and
(3) The Board shall provide a written basis for any
decision issued under this Article. If the Board fails to
make a final determination, or if a majority of the Board
is unable to agree on a final determination, within 90
days after the filing of the complaint, then the
complainant, within 180 days after the filing of the
complaint, may bring a cause of action in any circuit
court of the State for de novo review.

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(10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
Sec. 9-1.5. Expenditure.
(A) "Expenditure" means:
(1) a payment, distribution, purchase, loan, advance,
deposit, gift of money, or anything of value, in
connection with the nomination for election, election, or
retention of any person to or in public office or in
connection with any question of public policy;
(2) a payment, distribution, purchase, loan, advance,
deposit, gift of money, or anything of value that
constitutes an electioneering communication made in
concert or cooperation with or at the request, suggestion,
or knowledge of a candidate, a political committee, or any
of their agents; or
(3) a transfer of funds by a political committee to
another political committee.
(B) "Expenditure" does not include:
(a) the use of real or personal property and the cost
of invitations, food, and beverages, voluntarily provided
by an individual in rendering voluntary personal services
on the individual's residential premises for
candidate-related activities; provided the value of the
service provided does not exceed an aggregate of $150 in a
reporting period; or
(b) the sale of any food or beverage by a vendor for

SB2360 - 34 - LRB103 28352 BMS 54732 b
use in a candidate's campaign at a charge less than the
normal comparable charge, if such charge for use in a
candidate's campaign is at least equal to the cost of such
food or beverage to the vendor.
(4) a payment for electioneering communications.
(Source: P.A. 96-832, eff. 1-1-11.)
Section 905. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Illinois Judicial Election Democracy Trust
Fund.
Section 910. The Illinois Income Tax Act is amended by
changing Section 509 and by adding Section 506.7 as follows:
(35 ILCS 5/506.7 new)
Sec. 506.7. Designation of tax to the Illinois Judicial
Election Democracy Trust Fund. The Department shall print on
its standard individual income tax form a provision indicating
that if the taxpayer wishes to contribute to the Illinois
Judicial Election Democracy Trust Fund, as authorized by this
amendatory Act of the 103rd General Assembly, he or she may do
so by stating the amount of the contribution (not less than $1)
on the return and that the contribution will reduce the

SB2360 - 35 - LRB103 28352 BMS 54732 b
taxpayer's refund or increase the amount of payment to
accompany the return. Failure to remit any amount of the
increased payment shall reduce the contribution accordingly.
This Section does not apply to any amended return. This tax
checkoff applies to income tax forms for taxable years 2025
and thereafter.
(35 ILCS 5/509) (from Ch. 120, par. 5-509)
Sec. 509. Tax checkoff explanations.
(a) All individual income tax return forms shall contain
appropriate explanations and spaces to enable the taxpayers to
designate contributions to the funds to which contributions
may be made under this Article 5.
(b) Each form shall contain a statement that the
contributions 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.
(c) If, on October 1 of any year, the total contributions
to any one of the funds made under this Article 5, except the
Illinois Judicial Election Democracy Trust Fund, do not equal
$100,000 or more, the explanations and spaces for designating
contributions to the fund shall be removed from the individual
income tax return forms for the following and all subsequent
years and all subsequent contributions to the fund shall be
refunded to the taxpayer. This contribution requirement does

SB2360 - 36 - LRB103 28352 BMS 54732 b
not apply to the Diabetes Research Checkoff Fund checkoff
contained in Section 507GG of this Act.
(d) Notwithstanding any other provision of law, the
Department shall include the Hunger Relief Fund checkoff
established under Section 507SS on the individual income tax
form for the taxable year beginning on January 1, 2012. If, on
October 1, 2013, or on October 1 of any subsequent year, the
total contributions to the Hunger Relief Fund checkoff do not
equal $100,000 or more, the explanations and spaces for
designating contributions to the fund shall be removed from
the individual income tax return forms for the following and
all subsequent years and all subsequent contributions to the
fund shall be refunded to the taxpayer.
(Source: P.A. 96-328, eff. 8-11-09; 97-1117, eff. 8-27-12.)
Section 915. The Clerks of Courts Act is amended by adding
Section 27.15 as follows:
(705 ILCS 105/27.15 new)
Sec. 27.15. Illinois Judicial Election Democracy Trust
Fund. The clerk shall transfer $1 from each filing or
appearance fee paid in accordance with Section 27.1, 27.1a,
27.2, or 27.2a to the State Treasurer for deposit into the
Illinois Judicial Election Democracy Trust Fund. To defray
that expense, the county board may, by resolution, require the
clerk of the circuit court in the county to charge and collect

SB2360 - 37 - LRB103 28352 BMS 54732 b
an Illinois Judicial Election Democracy Trust Fund fee of not
more than $1, which shall be paid at the time that any filing
or appearance fee is paid. The fee shall be collected in the
manner in which all other fees or costs are collected. Each
clerk shall commence the charges and collection upon receipt
of written notice from the chairman of the county board
together with a certified copy of the board's resolution. The
clerk shall file the resolution of record in his or her office.
The fee shall be in addition to all other fees and charges of
the clerks shall be assessable as costs, and may be waived only
if the judge specifically provides for the waiver of the
Illinois Judicial Election Democracy Trust Fund fee. The fees
shall be remitted monthly by the clerk for deposit into the
Illinois Judicial Election Democracy Trust Fund.
Section 999. Effective date. This Act takes effect January
1, 2025.