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
 


SB2360LRB103 28352 BMS 54732 b



1 AN ACT concerning judicial 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 cited as the 
5Judicial Campaign Reform Act.

6 Section 5. Definitions. In this Act:
7 "Allowable contribution" means a qualifying contribution, 
8a seed money contribution, or a personal contribution 
9authorized by this Act.
10 "Board" or "State Board" means the State Board of 
11Elections.
12 "Candidate" means any person seeking election to the 
13office of Judge of the Illinois Supreme Court or Judge of the 
14Illinois Appellate Court.
15 "Campaign" includes the primary election campaign period 
16and the general election campaign period.
17 "General election campaign period" means the period 
18beginning on the day after the general primary election and 
19ending on the day of the general election.
20 "Electioneering communication expenditure" means an

21expenditure for electioneering communications as that term is 
22defined in Article 9 of the Election Code.
23 "Eligible candidate" means a candidate who qualifies for 
 
 
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1public financing by collecting the required number of 
2qualifying contributions, making all required reports and 
3disclosures, and being certified by the State Board as being 
4in compliance with this Act.
5 "Excess expenditure amount" means the amount of 
6expenditures made by a nonparticipating candidate in excess of 
7the public financing benefit available to an eligible 
8candidate for the same office that the nonparticipating 
9candidate seeks.
10 "Excess qualifying contribution amount" means the amount 
11of qualifying contributions accepted by a candidate beyond the 
12number or dollar amount of contributions required to qualify a 
13candidate for a public financing benefit.
14 "Exploratory period" means the period that begins one year 
15before the general primary election date and ends on the day 
16before the beginning of the primary election campaign.
17 "Fair election debit card" means a debit card issued by 
18the State Treasurer in accordance with Section 65 entitling a 
19candidate and agents of the candidate designated by the 
20candidate to draw money from an account maintained by the 
21State Treasurer to make expenditures authorized by law.
22 "Illinois Judicial Election Democracy Trust Fund" means a 
23special fund created in the State treasury and to be used, 
24subject to appropriation, by the State Board of Elections for 
25the funding of campaigns for participating candidates.
26 "Immediate family", when used with reference to a

 
 
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1candidate, includes the candidate's spouse, parents, and 
2children.
3 "Independent expenditure" means an expenditure by a person 
4expressly advocating the election or defeat of a clearly 
5identified candidate that is made without cooperation or 
6consultation with a candidate, or any political committee or 
7agent of a candidate, and that is not made in concert with, or 
8at the request or suggestion of, any candidate or any 
9political committee or agent of a candidate.
10 "Nonparticipating candidate" means a candidate who does 
11not apply for a public financing benefit or who otherwise is 
12ineligible or fails to qualify for a public financing benefit 
13under this Act.
14 "Personal funds" means funds contributed by a candidate or 
15a member of a candidate's immediate family.
16 "Primary election campaign period" means the period 
17beginning 30 days after the last day prescribed by law for 
18filing nomination papers and ending on the day of the general 
19primary election.
20 "Public financing qualifying period" means the period 
21beginning on July 1 of an odd-numbered year and ending on the 
22day before the beginning of the primary election campaign 
23period for the office of Judge of the Illinois Supreme Court or 
24Judge of the Illinois Appellate Court.
25 "Qualifying contribution" means a contribution between $5 
26and $25 to a candidate made by a resident, at least 18 years 
 
 
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1old, of the district in which the candidate seeks office and 
2made during the public financing qualifying period that is 
3acknowledged by written receipt identifying the contributor. 
4An individual may make only one qualifying contribution per 
5candidate.
6 "Qualifying report" is a list of all individual qualifying 
7contributions.
8 "Seed money contribution" means a contribution in an 
9amount of not more than $100 made to a candidate during the 
10exploratory period or the public financing qualifying period 
11or a contribution made to a candidate consisting of personal 
12funds of that candidate in an amount not more than the amount 
13authorized under Section 30 during the exploratory period or 
14the public financing qualifying period.


15 Section 10. Qualification; certification. 
16 (a) Before a candidate for nomination in the general 
17primary election may be certified as an eligible candidate to 
18receive a public financing benefit for the primary election 
19campaign period, the candidate must apply to the State Board 
20for a public financing benefit and file a sworn statement that 
21the candidate has complied and will comply with all 
22requirements of this Act throughout the applicable campaign, 
23including the general primary election and the general 
24election. A candidate must file the application and statement 
25no later than the beginning of the primary election campaign.
 
 
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1 (b) The Board shall certify a candidate as an eligible 
2candidate for receipt of public financing for a primary 
3election if the candidate complies with subsection (a) and 
4receives a number of qualifying contributions at least equal 
5to 0.15% of the number of ballots cast in the judicial district 
6in the last gubernatorial election from individual qualifying 
7contributors before the close of the public financing 
8qualifying period. The State Board may require candidates to 
9file lists of qualifying contributions in electronic format. 
10If so required, the State Board shall either (i) provide, 
11without charge, all software necessary to comply with this 
12requirement or (ii) ensure that the necessary software is 
13commonly available to the public at minimal cost.
14 (c) The State Board shall verify a candidate's compliance 
15with the requirements of subsection (b) by any verification 
16and sampling techniques that the State Board considers 
17appropriate.
18 (d) Each candidate shall acknowledge each qualifying 
19contribution by a receipt to the contributor that contains the 
20contributor's name and home address. A candidate shall file a 
21qualifying report with the State Board of Elections.
22 (e) A qualifying contribution may be used only for the 
23purpose of making an expenditure authorized by law.


24 Section 15. Time of application; general election. 
25 (a) Before a candidate may be certified as eligible for 
 
 
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1receipt of public financing for a general election, the 
2candidate must apply to the Board and file a sworn statement 
3that the candidate has fulfilled all the requirements of this 
4Act during the primary election campaign period, has won the 
5nomination in the general primary, and will comply with the 
6requirements of this Act during the general election campaign 
7period. The application must be filed no later than the 7th day 
8after the date of the general primary election.
9 (b) The Board shall certify a candidate as an eligible 
10candidate for receipt of public financing for a general 
11election campaign period if the candidate complies with 
12subsection (a) and the candidate was an eligible candidate 
13during the primary election campaign period.
14 (c) If more than one candidate files an application for 
15the general election, the Board shall accept applications from 
16all candidates who comply with subsection (a) but shall 
17postpone the declaration of eligibility for the general 
18election until after the general primary results are 
19certified. After the results have been certified, if the 
20nominee filed an application under subsection (a), the Board 
21shall declare that candidate eligible for the general 
22election.


23 Section 20. Agreement by candidate. An eligible candidate 
24who accepts a public financing benefit under this Act during 
25the primary election campaign period must agree to comply with 
 
 
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1all requirements of this Act throughout the general election 
2campaign period as a precondition to receipt of public 
3financing. An eligible candidate who accepts a public 
4financing benefit during a primary election campaign period 
5may not elect to accept private contributions in violation of 
6this Act during the corresponding general election campaign 
7period.

8 Section 25. Requirements placed upon eligible candidates. 
9 (a) An eligible candidate may not accept private 
10contributions other than seed money contributions and 
11qualifying contributions.
12 (b) In addition to reports required to be filed under the 
13Election Code, a candidate who receives a public financing 
14benefit must furnish complete financial records, including 
15records of seed money contributions, qualifying contributions, 
16and expenditures on the last day of each month.
17 (c) In addition to adhering to requirements imposed under 
18the Election Code, a candidate who receives a public financing 
19benefit must maintain records of all contributions of at least 
20$5, including seed money contributions and qualifying 
21contributions. These records shall contain the full name of 
22the contributor and the contributor's full home address.
23 (d) The failure to record or provide the information 
24specified in subsection (c) disqualifies a contribution from 
25counting as a qualifying contribution.
 
 
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1 (e) No eligible candidate and no person acting on a 
2candidate's behalf may accept any contribution that is not 
3recorded in accordance with subsection (c) in a candidate's 
4campaign account.
5 (f) No eligible candidate may accept more than $25 in cash 
6from any contributor.


7 Section 30. Personal funds of candidates. 
8 (a) The personal funds of an eligible candidate 
9contributed as seed money contributions may not exceed an 
10aggregate amount of $10,000. For the purpose of this Section, 
11"personal funds" includes funds from the candidate's immediate 
12family.
13 (b) No eligible candidate may make any expenditure derived 
14from personal funds after the close of the public financing 
15qualifying period.
16 (c) Eligible candidates shall not loan personal funds to 
17their campaign.


18 Section 35. Seed money contributions. 
19 (a) An eligible candidate may accept seed money 
20contributions from any individual or political committee 
21before the end of the public financing qualifying period, so 
22long as the total contributions from one contributor, except 
23personal funds and qualifying contributions otherwise 
24permitted under this Act, do not exceed $100 and the aggregate 
 
 
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1contributions, including personal funds, but not including 
2qualifying contributions, do not exceed $30,000.
3 (b) An eligible candidate shall make expenditures from 
4seed money contributions only during the exploratory period 
5and the public financing qualifying period.


6 Section 40. Excess contributions. An amount equivalent to 
7the excess contributions shall be deducted by the Board from 
8the candidate's public financing benefit. A candidate shall 
9return to the Board all seed money and personal contributions, 
10including in-kind contributions, that exceed the limits 
11prescribed in Section 35 within 48 hours after the end of the 
12exploratory period. The Board shall deposit all contributions 
13returned under this Section into the Illinois Judicial 
14Election Democracy Trust Fund.

15 Section 45. Certification by candidate; line of credit. 
16 (a) To apply for a public financing benefit, a candidate 
17must certify to the State Board that the candidate has 
18complied and will comply, throughout the applicable campaign, 
19with all requirements of this Act and that all disclosures 
20required at the time of application have been made. The 
21candidate must present evidence of the requisite number of 
22qualifying contributions received by the candidate. The 
23candidate's request for certification must be signed by the 
24candidate and the treasurer of the candidate's political 
 
 
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1committee.
2 (b) The Board shall distribute to each eligible candidate 
3at the general primary election a line of credit for public 
4financing promptly after the candidate demonstrates his or her 
5eligibility and, in any event, not later than 5 days after the 
6end of the public financing qualifying period; however, no 
7candidate may use a line of credit distributed under this 
8subsection until the beginning of the primary election 
9campaign period.
10 (c) The Board must distribute to each eligible candidate 
11in the general election a line of credit for public financing 
12not later than the earlier of (i) 48 hours after the official 
13canvass and proclamation under Section 22-7 of the Election 
14Code or (ii) 21 days after the date of the general primary 
15election. No candidate may receive a line of credit until all 
16candidates for Judge of the Illinois Supreme Court who apply 
17and qualify for a public financing benefit have been certified 
18as eligible candidates.
19 (d) If any candidate who receives a public financing 
20benefit violates the requirements of this Act, the candidate 
21shall be subject to the penalties and enforcement outlined in 
22Section 70. The Board shall deposit all repayments received 
23under this subsection into the Illinois Judicial Election 
24Democracy Trust Fund.


25 Section 50. Public financing benefits. 
 
 
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1 (a) The State Board must provide to each eligible 
2candidate who qualifies to receive a public financing benefit 
3for the primary or general election campaign period separate 
4lines of credit for the primary and general election campaign 
5periods in the amounts specified in this Section subject to 
6any required adjustment under Section 40, 55, 60, or 80. An 
7eligible candidate may use this credit to finance any lawful 
8expenditures during the primary and general election campaign 
9periods. An eligible candidate may not use this credit to 
10repay any loan in violation of this Act or any other applicable 
11law.
12  (b)(1) The total public financing benefit available to 
13 eligible candidates for the office of Judge of the 
14 Illinois Supreme Court for the primary and general 
15 elections shall be $750,000, subject to adjustment by 
16 subsection (e) of this Section.
17  (2) The total public financing benefit available to 
18 eligible candidates for the office of Judge of the 
19 Illinois Appellate Court for the primary and general 
20 elections shall be $250,000, subject to adjustment by 
21 subsection (e) of this Section.
22 (c) Matching funds that become available due to Section 55 
23or Section 60 are not counted toward the public financing 
24benefit. Eligible candidates may decide the allocation of 
25their benefit between the primary election campaign period and 
26the general election campaign period, however, no candidate 
 
 
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1may allocate less than 20% or more than 80% during the primary 
2election campaign period, nor may a candidate allocate more 
3than 80% during the general election campaign period. Any 
4portion of the benefit allocated but unspent or uncommitted 
5for expenses at the close of the primary election campaign 
6period is forfeited and may not be spent during the general 
7election campaign period.
8  (d)(1) An eligible candidate who is unopposed, other 
9 than by write-in candidates, in a primary election shall 
10 receive a public financing allocation of $50,000 for the 
11 primary election campaign period.
12  (2) Instead of the benefit in subsection (b), an 
13 eligible candidate who is unopposed, other than by 
14 write-in candidates, in a general election shall receive a 
15 public financing allocation of $75,000 for the general 
16 election campaign period.
17 (e) Beginning on April 1, 2009 and every 2 years 
18thereafter, the Board shall modify the public financing 
19benefits provided for in subsection (b) to adjust for the 
20change in the Consumer Price Index, All Items, U. S. City 
21Average, published by the United States Department of Labor 
22for the preceding 2-year period ending on December 31.


23 Section 55. Reports on financial activity. 
24 (a) In addition to other reports required by law, all 
25candidates in the general primary election or the general 
 
 
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1election who receive contributions or make or obligate to make 
2expenditures in an amount more than 5% greater than the public 
3financing benefit applicable to an eligible candidate for the 
4same office shall file a report with the Board itemizing the 
5total contributions received and expenditures made or 
6obligated to be made by the candidate as of the date of the 
7report. The Board shall transmit copies of the report to all 
8candidates for that office and make the report available to 
9the public in the manner of semi-annual disclosure reports. 
10After filing that initial report, the candidate shall file 
11additional reports after the candidate makes or obligates to 
12make each additional $1,000 of expenditures. If the 
13contributions are received or the expenditures are made or 
14obligated to be made more than 6 weeks before the date of the 
15general primary election or general election at which the name 
16of the candidate appears on the ballot, the reports must be 
17made by the date 6 weeks before the next election. If the 
18contributions are received or the expenditures are made or 
19obligated to be made within 6 weeks before the date of the 
20general primary election or general election at which the name 
21of the candidate appears on the ballot, the reports must be 
22made within 24 hours after each instance in which a 
23contribution is received or an expenditure is made or 
24obligated to be made.
25 (b) Upon receipt of the information, the Board shall 
26immediately notify all opposing eligible candidates. If an 
 
 
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1opposing candidate makes expenditures or becomes obligated to 
2make expenditures that exceed the public financing benefit, an 
3eligible candidate may request matching funds up to the amount 
4by which the expenditures or obligations of the opposing 
5candidate exceed the public financing benefit. If an eligible 
6candidate requests these matching funds, the Board shall 
7immediately credit his or her account with an additional line 
8of credit equivalent to the request, however, the sum total of 
9matching funds credited to the candidate in the primary 
10election campaign period and the general election campaign 
11period for independent expenditures, electioneering 
12communication expenses under Section 60, and nonparticipating 
13expenses may not exceed the value of the public financing 
14benefit. Any matching funds requested but not spent or 
15committed at the conclusion of the primary election campaign 
16period are forfeited and may not be spent during the general 
17election campaign period.


18 Section 60. Independent expenditures and electioneering 
19communications. 
20 (a) If any person makes, or becomes obligated to make, by 
21oral or written agreement an independent expenditure or 
22electioneering communications in excess of $3,000 with respect 
23to a candidate in a general primary or general election, that 
24person shall file with the Board a notice of such expenditure 
25or obligation to make such an expenditure. Any such person 
 
 
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1must file reports of the expenditures or obligations to make 
2the expenditures on the last day of the month that immediately 
3follows the date of the expenditure or the obligation to make 
4the expenditure, except that, within 6 weeks before the date 
5of the general primary election or general election, the 
6person must file the reports within 24 hours after each such 
7expenditure or communication is made or obligated to be made. 
8Any such person must file additional reports after each 
9additional $1,000 of expenditures are made or obligated to be 
10made.
11 (b) If the aggregate of independent expenditures and 
12electioneering communication expenditures against an eligible 
13candidate or for the opponents of that candidate exceed 10% of 
14the public financing benefit for that office in any campaign 
15an eligible candidate may request matching funds of up to the 
16amount of the independent expenditure or electioneering 
17communication expense. If a candidate requests matching funds, 
18the Board must immediately credit that candidate's account 
19with an additional line of credit equivalent to the amount 
20requested, however, the sum total of matching funds credited 
21to the candidate in the primary election campaign period and 
22the general election campaign period for independent 
23expenditures, electioneering communication expenses, and 
24nonparticipating expenses under Section 55 may not exceed the 
25value of the public financing benefit. Any matching funds 
26requested but not spent or committed at the conclusion of the 
 
 
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1primary election campaign period are forfeited and may not be 
2spent during the general election campaign period.


3 Section 65. Illinois Judicial Election Democracy Trust 
4Fund. 
5 (a) All moneys collected under Sections 40, 45, and 70 of 
6this Act shall be deposited into the Illinois Judicial 
7Election Democracy Trust Fund and may be used by the State 
8Board of Elections for the purposes of this Act. The State 
9Treasurer, in consultation with the Board, shall contract with 
10a debit card issuer to permit eligible candidates and their 
11agents to draw upon moneys appropriated from the Trust Fund 
12through an account with the card issuer.
13 (b) Upon a determination of a candidate's eligibility for 
14a public financing benefit as provided for in subsection (a) 
15of Section 45, the State Treasurer must issue to the eligible 
16candidate a debit card, known as the fair election debit card, 
17entitling the candidate and agents of the candidate designated 
18by the candidate to draw money from an account to make 
19expenditures on behalf of the candidate.
20 (c) No eligible candidate or agent of an eligible 
21candidate may make any expenditure by any means other than 
22through the use of the fair election debit card. No such 
23candidate or agent may use a fair election debit card to obtain 
24cash, except that cash amounts of $100 or less may be drawn on 
25the fair election debit card and used to make expenditures of 
 
 
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1no more than $25 each. A candidate must maintain records of all 
2such expenditures and must report the expenditures to the 
3State Board in accordance with Section 25.
4 (d) The State Board of Elections may draw upon funds in the 
5Illinois Judicial Election Democracy Trust Fund to support the 
6administration of the program. These funds may be used only to 
7pay costs to the State Board that are directly associated with 
8the administration of the program, including, but not limited 
9to, ensuring compliance with this Act and promoting the income 
10tax checkoff. These administrative reimbursements shall be 
11limited to 1% of the Trust Fund balance in fiscal years when 
12there is no eligible seat on the ballot or 5% of the Trust Fund 
13balance in fiscal years when there is an eligible seat on 
14either a primary or general election ballot.


15 Section 70. Penalties; enforcement. 
16 (a) If an eligible candidate makes expenditures that 
17exceed the public financing benefit allocated to the candidate 
18for any campaign, the Board shall require the candidate to 
19forfeit to the Illinois Judicial Election Democracy Trust Fund 
20an amount equal to not more than 10 times and not less than 2 
21times the amount by which the expenditures exceeded the 
22allocation.
23 (b) The Board shall require any eligible candidate who 
24accepts contributions in excess of any limitation set by this 
25Act to forfeit to the Illinois Judicial Election Democracy 
 
 
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1Trust Fund an amount equal to not more than 10 times and not 
2less than 2 times the amount by which the contributions exceed 
3the applicable limitation.
4 (c) If the Board finds that there is reasonable cause to 
5believe that a candidate has made excess expenditures or has 
6accepted excess contributions in violation of the Act, the 
7Board must attempt for a period of not more than 14 days after 
8its finding to correct the matter by informal methods of 
9conference and conciliation and to enter into a settlement and 
10conciliation agreement with the candidate involved. A 
11settlement and conciliation agreement made under this 
12subsection is a public record. Unless violated, a settlement 
13and conciliation agreement is a bar to any civil action under 
14subsection (d).
15 (d) If the Board has reasonable cause to believe that a 
16candidate has made excess expenditures or has accepted excess 
17contributions and the Board is unable to correct the matter by 
18informal methods within the time prescribed in subsection (c), 
19the Board must make a public finding of reasonable cause in the 
20matter. After making a public finding, the Board may bring an 
21action in the circuit court to impose a forfeiture under 
22subsection (a) or (b).
23 (e) If an elector believes that a candidate has violated 
24this Act and the elector is entitled to vote for or against the 
25candidate in the election in connection with which the 
26violation is alleged to have occurred, the elector may file a 
 
 
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1complaint with the Board requesting it to take remedial 
2action. If the Board refuses to take remedial action or, 
3within 30 days after the filing of a complaint, fails to take 
4remedial action, the elector may commence a civil action in an 
5appropriate circuit court requesting the court to impose a 
6forfeiture under subsection (a) or (b).
7 (f) The Board and the circuit court must expedite all 
8proceedings under this Section so that all complaints brought 
9before an election are resolved, to the extent possible, 
10before the election is held.
11 (g) If a complaint brought under this Section is resolved 
12against the complainant and is found to have been brought in 
13bad faith and without reasonable basis therefor, the circuit 
14court may assess costs, including reasonable attorney fees, 
15against the complainant.


16 Section 75. Prohibited acts. 
17 (a) If an eligible candidate or agent of an eligible 
18candidate knowingly accepts more contributions than the 
19candidate is entitled to receive or makes expenditures 
20exceeding the amount of the public financing benefit received 
21by the candidate, the candidate or agent is guilty of a Class 3 
22felony.
23 (b) If a candidate who receives a public financing 
24benefit, or an agent of that candidate, knowingly makes an 
25expenditure by means other than those allowed by this Act, the 
 
 
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1candidate or agent is guilty of a Class 3 felony.
2 (c) If, in connection with the receipt or expenditure of a 
3public financing benefit for an election campaign, any person 
4knowingly provides false information to the Board, or 
5knowingly conceals or withholds information from the Board, 
6that person is guilty of a Class 3 felony.


7 Section 90. Deposits into Illinois Judicial Election 
8Democracy Trust Fund. 
9 (a) The Department of Revenue shall transfer to the 
10Illinois Judicial Election Democracy Trust Fund any amounts 
11contributed to the Illinois Judicial Election Democracy Trust 
12Fund collected pursuant to Section 506.7 of the Illinois 
13Income Tax Act.
14 (b) The Treasurer shall deposit into the Illinois Judicial 
15Election Democracy Trust Fund all amounts collected by the 
16clerks of courts under Section 27.10 of the Clerks of Courts 
17Acts and transferred to the Treasurer.


18 Section 105. Voluntary contributions. Individuals and 
19other entities may make direct voluntary contributions to the 
20Illinois Judicial Election Democracy Trust Fund. However, 
21contributions may not exceed $1,000 per calendar year. 

22 Section 110. Fund operational. The Illinois Judicial 
23Election Democracy Trust Fund shall become operational when 
 
 
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1the Fund has attained $5,000,000.

2 Section 115. Severability. The provisions of this Act are 
3severable. If any provision of this Act is held invalid by a 
4court of competent jurisdiction, the invalidity does not 
5affect other provisions of the Act that can be given effect 
6without the invalid provision.

7 Section 900. The Election Code is amended by adding 
8Article 7B and by changing Section 9-1.5 as follows: 

9 (10 ILCS 5/Art. 7B heading new)

10
ARTICLE 7B.
11
JUDICIAL CAMPAIGN CONTRIBUTION LIMITS


12 (10 ILCS 5/7B-5 new)

13 Sec. 7B-5. Definitions. As used in this Article:
14 "Association" means any group, club, meeting, collective, 
15membership organization, or collection of persons other than a 
16corporation or labor organization, or any entity organized 
17under Sections 501 or 527 of the Internal Revenue Code, except 
18that an association does not include a political committee 
19organized under Article 9 that qualifies as a judicial fund 
20under this Article.
21 "Board" means the State Board of Elections.
22 "Candidate" or "judicial candidate" means any person who 
 
 
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1seeks nomination for election to, election to, or retention in 
2judicial office, whether or not the person is nominated, 
3elected, or retained. A person seeks nomination for election, 
4election, or retention if he or she (i) takes the action 
5necessary under the laws of this State to attempt to qualify 
6for nomination for election to, election to, or retention in 
7judicial office or (ii) receives contributions or makes 
8expenditures, or gives consent for any other person to receive 
9contributions or make expenditures, with a view to bringing 
10about his or her nomination for election to, election to, or 
11retention in judicial office.
12 "Clearly identified" means that:
13  (A) the name, voice, image, or likeness of a candidate 
14 appears; or
15  (B) the identity of the candidate is apparent by 
16 unambiguous reference.
17 "Contribution" means:
18  (A) any contribution as that term is defined in 
19 Article 9, or
20  (B) a payment for any activity in support of or in 
21 opposition to any judicial candidate or for electioneering 
22 communications in relation to any judicial candidate if 
23 such activity or communications is conducted in concert or 
24 cooperation with the political committee of any judicial 
25 candidate.
26  (C) "Contribution" does not include:
 
 
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1   (i) Communications on any subject by a corporation 
2 to its stockholders and executive or administrative 
3 personnel and their families, by a labor organization 
4 to its members and their families, or by an 
5 association to its members and their families.
6   (ii) Nonpartisan registration and get-out-the-vote 
7 campaigns by a corporation aimed at its stockholders 
8 and executive or administrative personnel and their 
9 families, by a labor organization aimed at its members 
10 and their families, or by an association aimed at its 
11 members and their families.
12   (iii) The establishment, administration, and 
13 solicitation of contributions to a separate segregated 
14 fund to be used for political purposes by a 
15 corporation, labor organization, or association.
16   (iv) A secured loan of money by a national or State 
17 bank made in accordance with the applicable banking 
18 laws and regulations and in the ordinary course of 
19 business, if the security for the loan, if provided by 
20 a person other than the candidate or his or her 
21 committee, would qualify as a contribution or 
22 expenditure.
23   (v) A distribution of funds from the Illinois 
24 Judicial Election Democracy Trust Fund.
25 "Corporation" includes a limited liability company, 
26partnership, professional practice, cooperative, or sole 
 
 
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1proprietorship, whether organized on a for-profit or nonprofit 
2basis.
3 "Election" means:
4  (A) a general primary election or general election, or
5  (B) a retention election as that term is used in 
6 Article 7A.
7 "Election period" means:
8  (A) the period beginning one year before the date of 
9 any general primary election for a judicial office and 
10 ending the day of the general primary election;
11  (B) the period beginning on the day after the general 
12 primary election for a judicial office and ending 90 days 
13 after the general election for that judicial office; or
14  (C) the period beginning on the date on which a 
15 sitting judge declares for retention and ending 90 days 
16 after the retention election.
17 "Expenditure" means:
18  (A) any expenditure as that term is defined in Article 
19 9, or
20  (B) any contract, promise, or agreement, whether 
21 written or oral, to make an expenditure in concert or 
22 cooperation with the political committee of a judicial 
23 candidate, regardless of when the funds are actually 
24 disbursed.
25 "Independent expenditure" means an expenditure by a 
26person:
 
 
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1  (A) expressly advocating the election or defeat of a 
2 clearly identified candidate or engaging in electioneering 
3 communications in relation to a candidate; and
4  (B) that is not made in concert or cooperation with or 
5 at the request or suggestion of the candidate, the 
6 candidate's designated political committee, or agents of 
7 the candidate or committee.
8 "Judicial fund" means any political committee organized 
9under Article 9 that receives contributions only from donors 
10aggregating not more than the amount designated in Section 
117B-15.
12 "Labor organization" means any organization of any kind or 
13any agency or employee representation committee or plan in 
14which employees participate and that exists for the purpose, 
15in whole or in part, of dealing with employers concerning 
16grievances, labor disputes, wages, rates of pay, hours of 
17employment, or conditions of work.
18 "Natural person" means any one human being.
19 "Person" includes an individual, trust, partnership, 
20committee, association, corporation, labor organization, or 
21any other organization or group of persons, including a 
22political committee organized under Article 9. 

23 (10 ILCS 5/7B-10 new)

24 Sec. 7B-10. Designated political committee.
25 (a) Each candidate shall designate in writing one and only 
 
 
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1one judicial fund to serve as the political committee of the 
2candidate. The designation is irrevocable for the duration of 
3the candidacy and shall be filed with the State Board of 
4Election.
5 (b) The name of the designated committee shall include the 
6name of the candidate who designated the committee under 
7subsection (a). No political committee that is not a 
8designated committee may include the name of that candidate in 
9its name.
10 (c) All designations required to be filed under this 
11Article shall be filed with the Board. The Board shall retain 
12these designations and make them available for public 
13inspection and copying in the same manner as statements of 
14organization required under Article 9.

15 (10 ILCS 5/7B-15 new)

16 Sec. 7B-15. Limitation on contributions.
17 (a) No person shall make contributions to a 
18candidate-designated political committee, except that:
19  (1) Natural persons may contribute no more than $2,000 
20 per election period.
21  (2) Judicial funds established by a State political 
22 party may contribute not more than $20,000 during the 
23 election period that includes the general election; all 
24 committees established by a State political party, under 
25 State or federal law, shall be considered as one committee 
 
 
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1 for the purpose of this Section.
2  (3) Any other judicial fund may contribute no more 
3 than $5,000 during an election period.
4  (4) A corporation, labor organization, or association 
5 may contribute from its own treasuries no more than $2,000 
6 during each election period. All contributions from 
7 associated entities, including political committees for 
8 which the corporation, labor organization, or association 
9 is the sponsoring entity, shall be aggregated for the 
10 purposes of this Section.
11 (b) No contributor may contribute in aggregate more than 
12$20,000 to judicial funds during any election period.
13 (c) On January 1 of every odd-numbered year, the State 
14Board of Election shall adjust the limits established in 
15subsection (a) for inflation as determined by the Consumer 
16Price Index for All Urban Consumers as determined by the 
17United States Department of Labor and rounded to the nearest 
18$100.
19 (d) In any instance where (i) a corporation and any of its 
20subsidiaries, branches, divisions, departments, or local 
21units; (ii) a labor organization and any of its subsidiaries, 
22branches, divisions, departments, or local units; or (iii) an 
23association or any of its affiliates, subsidiaries, branches, 
24divisions, departments, or local units contribute to a 
25candidate's political committee, all such contributions shall 
26be treated as from a single donor for the purposes of 
 
 
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1subsection (a).
2 (e) For the purposes of the limitations provided by 
3subsection (a), a candidate's designated political committee 
4and any other committee directly or indirectly established, 
5financed, maintained, or controlled by that candidate, or 
6working in concert or cooperation with the candidate's 
7designated committee, shall be considered to be a single 
8political committee.
9 (f) With respect to expenditures:
10  (1) Expenditures made by any person in concert or 
11 cooperation with, or at the request or suggestion of, a 
12 candidate, his or her designated committee, or their 
13 agents shall be considered a contribution to the 
14 candidate's designated committee and, together with all 
15 other contributions from that same source, are subject to 
16 the limits of this Section.
17  (2) The financing by any person of the dissemination, 
18 distribution, or republication, in whole or in part, of 
19 any broadcast or any written, graphic, or other form of 
20 campaign materials prepared by the candidate, his or her 
21 campaign committee, or their designated agents shall be 
22 considered to be a contribution to the candidate's 
23 designated committee for the purposes of this subsection 
24 and, together with all other contributions from that same 
25 source, are subject to the limits of this Section.
26 (g) For the purposes of the limitations designated by this 
 
 
SB2360- 29 -LRB103 28352 BMS 54732 b


1Section, all contributions made by a person, either directly 
2or indirectly, to a particular candidate's designated 
3committee, including contributions that are in any way 
4earmarked or otherwise directed through an intermediary or 
5conduit to the candidate, shall be treated as contributions 
6from the person to the candidate-designated committee. The 
7intermediary or conduit shall report the original source and 
8the intended recipient of the contribution to the Board and to 
9the intended recipient.
10 (h) No candidate or political committee shall knowingly 
11accept any contribution or make any expenditure in violation 
12of the provisions of this Section. No officer or employee of a 
13political committee shall knowingly accept a contribution made 
14for the benefit or use of a candidate or knowingly make any 
15expenditure in support of or opposition to a candidate or for 
16electioneering communications in relation to a candidate in 
17violation of any limitation designated for contributions and 
18expenditures under this Section. 

19 (10 ILCS 5/7B-25 new)

20 Sec. 7B-25. Prohibition of anonymous contributions and 
21contributions in the name of another.
22 (a) No person shall make a contribution in the name of 
23another person or knowingly permit his or her name to be used 
24to effect such a contribution.
25 (b) No person shall knowingly accept a contribution made 
 
 
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1by one person in the name of another person.
2 (c) No person shall knowingly accept reimbursement from 
3another person for a contribution made in his or her own name.
4 (d) No person shall make an anonymous contribution.
5 (e) No person shall knowingly accept any anonymous 
6contribution.
7 (f) No person shall predicate (i) any benefit, including, 
8but not limited to, employment decisions including hiring, 
9promotions, bonus compensation, and transfers, or (ii) any 
10other gift, transfer, or emolument upon (1) the decision by 
11the recipient of that benefit to donate or not to donate to a 
12candidate or (2) the amount of any such donation.
13 (g) Anonymous contributions shall escheat to the State of 
14Illinois. Any political committee that receives such a 
15contribution shall forward it immediately to the State 
16Treasurer.
17 (h) Immediately upon discovery that it has received 
18contributions given in the name of another, the recipient 
19shall redesignate the contributions according to their true 
20origin. A committee may retain such contributions only once 
21the true origin of the donation has been reported, subject to 
22any other provisions of this Article, unless the committee 
23knew that the true donor was disguising his or her identity at 
24the time of the original receipt. If the committee knew at the 
25time of original receipt that the true donor was disguising 
26his or her identify, the funds shall escheat to the State and 
 
 
SB2360- 31 -LRB103 28352 BMS 54732 b


1the Board shall assess an additional penalty of at least 
2$1,000 and not more than $5,000 for a first violation and of at 
3least $3,000 and not more than $10,000 for second and 
4subsequent violations. 

5 (10 ILCS 5/7B-30 new)

6 Sec. 7B-30. Complaints.
7 (a) The Board may receive complaints alleging that a 
8violation of this Article has occurred. The Board may bring 
9complaints and investigations on its own initiative when the 
10Board has reason to believe that a violation of this Article 
11has occurred.
12 (b) Upon receipt of a complaint, the Board shall hold a 
13closed preliminary hearing to determine whether or not the 
14complaint appears to have been filed on justifiable grounds. 
15The closed preliminary hearing shall be conducted as soon as 
16practicable after affording reasonable notice, a copy of the 
17complaint, and an opportunity to testify at the hearing to 
18both the person making the complaint and the person against 
19whom the complaint is directed. If the Board determines that 
20the complaint has not been filed on justifiable grounds, it 
21shall dismiss the complaint without further hearing.
22 (c) The Board shall have the authority to adopt procedural 
23rules governing the filing and hearing of complaints under 
24this Section that are not inconsistent with this Article.
25 (d) In addition to any other penalties authorized by this 
 
 
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1Section, the State Board of Elections, any political 
2committee, or any person may apply to the circuit court for a 
3temporary restraining order or a preliminary or permanent 
4injunction against a political committee, judicial fund, or 
5entity, whether registered with the Board under this Article 
6or not, to cease the expenditure of funds and to cease 
7operations until the committee, judicial fund, or entity is in 
8compliance with this Article. 

9 (10 ILCS 5/7B-35 new)

10 Sec. 7B-35. Penalties. In addition to any other penalties 
11established by this Article or other law:
12  (1) All contributions in violation of this Article 
13 escheat to the State;
14  (2) Any person who knowingly violates any of the 
15 provisions of this Article shall be fined the greater of 
16 $10,000 or three times the value of the illegal 
17 contribution or expenditure; and
18  (3) The Board shall provide a written basis for any 
19 decision issued under this Article. If the Board fails to 
20 make a final determination, or if a majority of the Board 
21 is unable to agree on a final determination, within 90 
22 days after the filing of the complaint, then the 
23 complainant, within 180 days after the filing of the 
24 complaint, may bring a cause of action in any circuit 
25 court of the State for de novo review. 

 
 
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1 (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
2 Sec. 9-1.5. Expenditure.
3 (A) "Expenditure" means:


4  (1) a payment, distribution, purchase, loan, advance, 
5 deposit,
gift of money, or anything of value, in 
6 connection with the nomination
for election, election, or 
7 retention of any person to or in public office or in

8 connection with any question of public policy;

9  (2) a payment, distribution, purchase, loan,
advance, 
10 deposit, gift of
money, or anything of value that 
11 constitutes an electioneering communication
made in 
12 concert or cooperation with
or at the request, suggestion, 
13 or knowledge of a candidate, a political committee, or any 
14 of their
agents; or 
15  (3) a transfer of funds by a political committee to 
16 another political committee. 
17 (B) "Expenditure" does not
include:


18  (a) the use of real or personal property and the cost 
19 of invitations,
food,
and beverages, voluntarily provided 
20 by an individual in rendering voluntary
personal services 
21 on the individual's
residential premises for 
22 candidate-related activities; provided the value
of the 
23 service provided does not exceed an aggregate of $150 in a 
24 reporting
period;
or 

25  (b) the sale of any food or beverage by a vendor for 
 
 
SB2360- 34 -LRB103 28352 BMS 54732 b


1 use in a candidate's
campaign at a charge less than the 
2 normal comparable charge, if such charge
for use in a 
3 candidate's
campaign is at least equal to the cost of such 
4 food or beverage to the vendor.


5  (4) a payment for electioneering communications. 
6(Source: P.A. 96-832, eff. 1-1-11.)


7 Section 905. The State Finance Act is amended by adding 
8Section 5.990 as follows:

9 (30 ILCS 105/5.990 new)
10 Sec. 5.990. The Illinois Judicial Election Democracy Trust 
11Fund.

12 Section 910. The Illinois Income Tax Act is amended by 
13changing Section 509 and by adding Section 506.7 as follows: 

14 (35 ILCS 5/506.7 new)

15 Sec. 506.7. Designation of tax to the Illinois Judicial 
16Election Democracy Trust Fund. The Department shall print on 
17its standard individual income tax form a provision indicating 
18that if the taxpayer wishes to contribute to the Illinois 
19Judicial Election Democracy Trust Fund, as authorized by this 
20amendatory Act of the 103rd General Assembly, he or she may do 
21so by stating the amount of the contribution (not less than $1) 
22on the return and that the contribution will reduce the 
 
 
SB2360- 35 -LRB103 28352 BMS 54732 b


1taxpayer's refund or increase the amount of payment to 
2accompany the return. Failure to remit any amount of the 
3increased payment shall reduce the contribution accordingly. 
4This Section does not apply to any amended return. This tax 
5checkoff applies to income tax forms for taxable years 2025 
6and thereafter.



7 (35 ILCS 5/509) (from Ch. 120, par. 5-509)



8 Sec. 509. Tax checkoff explanations.  
9 (a) All individual income tax return forms
shall contain 
10appropriate explanations and spaces to enable the taxpayers to

11designate contributions to the funds to which contributions 
12may be made under this Article 5.

13 (b) Each form shall contain a statement that the 
14contributions will reduce the
taxpayer's refund or increase 
15the amount of payment to accompany the return.
Failure to 
16remit any amount of increased payment shall reduce the 
17contribution
accordingly.

18 (c) If, on October 1 of any year, the total contributions 
19to any one of the
funds made under this Article 5, except the 
20Illinois Judicial Election Democracy Trust Fund, do not equal 
21$100,000 or more, the explanations
and spaces for designating 
22contributions to the fund shall be removed from the
individual 
23income tax return forms for the following and all subsequent 
24years
and all subsequent contributions to the fund shall be 
25refunded to the taxpayer. This contribution requirement does 
 
 
SB2360- 36 -LRB103 28352 BMS 54732 b


1not apply to the Diabetes Research Checkoff Fund checkoff 
2contained in Section 507GG of this Act.

3 (d) Notwithstanding any other provision of law, the 
4Department shall include the Hunger Relief Fund checkoff 
5established under Section 507SS on the individual income tax 
6form for the taxable year beginning on January 1, 2012. If, on 
7October 1, 2013, or on October 1 of any subsequent year, the 
8total contributions to the Hunger Relief Fund checkoff do not 
9equal $100,000 or more, the explanations
and spaces for 
10designating contributions to the fund shall be removed from 
11the
individual income tax return forms for the following and 
12all subsequent years
and all subsequent contributions to the 
13fund shall be refunded to the taxpayer. 
14(Source: P.A. 96-328, eff. 8-11-09; 97-1117, eff. 8-27-12.)



15 Section 915. The Clerks of Courts Act is amended by adding 
16Section 27.15 as follows:

17 (705 ILCS 105/27.15 new)

18 Sec. 27.15. Illinois Judicial Election Democracy Trust 
19Fund. The clerk shall transfer $1 from each filing or 
20appearance fee paid in accordance with Section 27.1, 27.1a, 
2127.2, or 27.2a to the State Treasurer for deposit into the 
22Illinois Judicial Election Democracy Trust Fund. To defray 
23that expense, the county board may, by resolution, require the 
24clerk of the circuit court in the county to charge and collect 
 
 
SB2360- 37 -LRB103 28352 BMS 54732 b


1an Illinois Judicial Election Democracy Trust Fund fee of not 
2more than $1, which shall be paid at the time that any filing 
3or appearance fee is paid. The fee shall be collected in the 
4manner in which all other fees or costs are collected. Each 
5clerk shall commence the charges and collection upon receipt 
6of written notice from the chairman of the county board 
7together with a certified copy of the board's resolution. The 
8clerk shall file the resolution of record in his or her office. 
9The fee shall be in addition to all other fees and charges of 
10the clerks shall be assessable as costs, and may be waived only 
11if the judge specifically provides for the waiver of the 
12Illinois Judicial Election Democracy Trust Fund fee. The fees 
13shall be remitted monthly by the clerk for deposit into the 
14Illinois Judicial Election Democracy Trust Fund.


15 Section 999. Effective date. This Act takes effect January 
161, 2025.